CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF JUNE 3, 2024
MINUTES
CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of June 3, 2024 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Patrick Sullivan.
This meeting was held as a hybrid meeting.
ROLL CALL
The Communications Director/City Clerk/District Secretary called the roll:
PRESENT:
Councilmembers/ex officio Directors Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan.
ABSENT: None.
STAFF PRESENT: Marlene Subhashini, Acting City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel ; Sofia Mangalam, Community Development Director; Andrew Brozyna, Public Works Director ; Derek Schweigart, Parks and Recreation Director; Diane Pitman, Administrative Services Director; Robert Marshall, Deputy Fire Chief; Waqas Hassan, Assistant Finance Director; Yelena Capello, Management Analyst; Justin Lai, Senior Civil Engineer; Rob Lasky, IT Manager ; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.
SPECIAL PRESENTATIONS
PROCLAMATION RECOGNIZING JUNE 2024 AS LGBTQIA+ PRIDE MONTH.
Councilmember Hindi presented the proclamation recognizing June 2024 as LGBTQ IA+ Pride Month to Marilyn Hollinger, Commissioner of the San Mateo County LGBTQIA+ Commission.
PRESENTATION FROM PENINSULA CLEAN ENERGY CEO SHAWN MARSHALL.
Shawn Marshall, CEO of Peninsula Clean Energy, gave a presentation on the background and programs of Peninsula Clean Energy.
PUBLIC
The following people addressed the City Council in person:
1. Jim Lawrence, regarding district elections; and
2. Charlie Bronitsky, regarding the City’s General Fund reserves and exploring alternatives for the City’s water main pipeline.
Commentors named Leo Silverstein and Noah Hyde expressed racists, antisemitic views and profanity, and the City Attorney interrupted the speakers and requested that they follow City Council rules and state law and speak on matters within the subject matter jurisdiction of the body.
The City Attorney continued Public Comment to the end of the meeting.
CONSENT CALENDAR
Motion by Councilmember/Director Kiesel, seconded by Councilmember/Director Froomin, and carried unanimously 5-0-0, approving the following items on the City/District Consent Calendar:
City/EMID Consent Calendar
1. City/EMID Special Meeting Minutes of May 20,2024;
2. City/EMID Regular Meeting Minutes of May 20, 2024;
3. City Resolution No. 2024-48, “A Resolution of the City Council of the City of Foster City Authorizing the Temporary Closure of Vehicular Traffic Flow on Shell Boulevard From E.
Hillsdale Boulevard to Bounty Drive; the Closure of Vehicular Traffic Flow on Balclutha Drive West of the Turnaround Located in Front of the PJCC Campus and Shell Boulevard; the Closure of Vehicular Traffic Flow on E.
Hillsdale Boulevard From Edgewater Boulevard to Foster City Boulevard; the Shell Boulevard Exit From the South Service Road of the PJCC Campus; and the Shell Boulevard Exit From Civic Center Drive for the Fourth of July Celebration on July 4, 2024;”
4. City Resolution No. 2024-49, “A Resolution of the City Council of the City of Foster City Authorizing the Temporary Closure of Shell Boulevard Between East Hillsdale Boulevard and South Service Road, Balclutha Drive Between the Round-About on the Peninsula Jewish Community Center (PJCC) Campus and Shell Boulevard, and the Temporary Closure of the Shell Boulevard Exit of the South Service Road for Summer Days 2024;”
5. City Resolution No. 2024-50, “A Resolution of the City Council of the City of Foster City Adopting a List of Projects for Fiscal Year 2024- 2025 Funded by SB 1: the Road Repair and Accountability Act of 2017 and Finding this Resolution Exempt from the California Environmental Quality Ac t (CEQA) Pursuant to Guidelines Section 15061(b)(3) and 15301(c);”
6. City Resolution No. 2024-51, “A Resolution of the City Council of the City of Foster City Approving and Authorizing the City Manager to Sign the Updated Public and Private Sidewalk Inspection and Maintenance Policies; and Finding that the Adoption of the Updated Policies are Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Pursuant to Guidelines Section 15301(b) – Existing Facilities and CEQA Guidelines Section 15061(b)(3);”
7. City Resolution No. 2024-52, “A Resolution of the City Council of the City of Foster City, California Establishing the Property Tax Rate for General Obligation Bonds for Fiscal Year 2024-2025;”
8. City Resolution No. 2024-53, “A Resolution of the City Council of the City of Foster City (1) Calling and Giving Notice of the Holding of a General Municipal Election to Be Held on Tuesday, November 5, 2024 for the Election of Certain Officers (Three Members of the City Council) as Required by the Provisions of the Laws of the State of California Relating to General Law Cities, (2) Requesting That the Board of Supervisors of the County of San Mateo Consolidate the General Municipal Election to Be Held on November 5, 2024 With the Statewide General Election Pursuant to Section 10403 of the Elections Code and to Permit the San Mateo County Regist ration and Elections Division to Conduct Said Election, and (3) Authorizing the City Clerk to Execute a Service Agreement With the County of San Mateo for Election Services;”
9. City Resolution No. 2024-54, “A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Execute an Agreement with the San Mateo Consolidated Fire Department in the Amount of $35,101 for the City of Foster City IT Division to Provide Information Technology Services for FY 2024-2025;”
10. City Resolution No. 2024-55, “A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan for Fiscal Year 2024- 2025, Effective July 1, 2024;”
11. EMID Resolution No. 3758, “ A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan for Fiscal Year 2024-2025, Effective July 1, 2024;”
12. City Resolution No. 2024-56, “A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of $108,222 from Fund 401 to Account No. 401- 0960-461-4251 and Approving Payment to Michael O’Shaughnessy Construction, Inc. and Mid- Peninsula Water District for a Total of $108,221.92 for Expenses Incurred Under the Proclamation of Local Emergency Related to Major Damage to Main Water Pipeline; and Finding the Repair of the Water Main Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15302, Class 2 (Replacement or Reconstruction) and 15269(B);”
13. EMID Resolution No. 3759, “ A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Appropriation of $108,222 from Fund 401 to Account No. 401-0960-461-4251 and Approving Payment to Michael O’Shaughnessy Construction, Inc. and Mid-Peninsula Water District for a Total of $108,221.92 for Expenses Incurred Under the Proclamation of Local Emergency Related to Major Damage to Main Water Pipeline; and Finding the Repair of the Water Main Exempt from Review Under the Cali fornia Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15302, Class 2 (Replacement or Reconstruction) and 15269(B);”
14. EMID Resolution No. 3760, “ A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Expenditure of $639,525.79 from Account No. 401- 0960-461-4384 to Municipal Maintenance Equipment for the Purchase of a Vac -Con Hydro Excavator and Finding T hat the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Guideline Section 15301(b) – Existing Facilities; and
15. EMID Resolution 3761, “ A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Extension of a Water/Wastewater Rate Assistance Program (W/WRAP) Through June 30, 2024; and Finding Adoption of the Resolution Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(b)(3).”
ITEM REMOVED FROM CONSENT CALENDAR
ISSUE A REQUEST FOR PROPOSAL FOR THE REPLACMEENT OF ELECTRONIC
MARQUEE DISPLAY BOARDS FOR THE MARQUEE AT THE CORNER OF SHELL AND EAST HILLSDALE BOULEVARDS. CITY RESOLUTION NO. 2024-57.
Without objection from the City Council, Mayor Sullivan removed this from the Consent Calendar at the request of Councilmember Hindi.
Discussion ensued.
Motion by Councilmember Froomin, seconded by Vice Mayor Jimenez, and carried unanimously, 5- 0-0, adopting City Resolution No. 2024- 57, “ A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposal for the Replacement of Electronic Marquee Display Boards for the Marquee at the Corner of Shell and East Hillsdale Boulevards.”
PUBLIC HEARINGS
PROPOSED WATER RATES FOR FISCAL YEAR 2024-2025. CITY RESOLUTION NO. 2024-58. EMID RESOLUTION NO. 3762.
Public Works Director Brozyna presented the staff report.
Mayor/President Sullivan opened a public hearing to hear and consider comments regarding the Proposed Water Rates for Fiscal Year 2024-2025.
No public testimony was received.
Without objection from the City Council/Board of Directors, Mayor/President Sullivan closed the public hearing.
Discussion ensued.
Motion by Mayor/President Sullivan, seconded by Councilmember/Director Froomin, and carried unanimously, 5-0-0, adopting City Resolution No. 2024-58 and EMID Resolution No. 3762, “ A Resolution of the City Council of the City of Foster City and Board of Directors of the Estero Municipal Improvement District Establishing Water Rates for Fiscal Year 2024-2025; and Finding this Resolution Exempt from the California Environmental Quality Act CEQA Pursuant to the Guidelines Section 15061(b)(3).”
FY 2024-2025 PRELIMINARY BUDGET. MINUTE ORDER NO. 1978.
Assistant Finance Director Hassan presented the staff report.
Mayor/President Sullivan opened a public hearing to hear and consider comments regarding the FY 2024-2025 Preliminary Budget.
No public testimony was received.
Without objection from the City Council/Board of Directors, Mayor/President Sullivan closed the public hearing.
Discussion ensued.
Motion by Vice Mayor/Vice President Jimenez , seconded by Councilmember/Director Hindi, and carried unanimously, 5-0-0, adopting Minute Order No. 1978, to direct staff to proceed with incorporating the terms from the preliminary budget into the final budget for FY 2024-2025 to be considered for adoption by the City Council/Board of Direc tors on June 17, 2024.
ESTABLISH NEW FEES FOR SIDEWALK VENDING PERMIT AND FINES , NON -
RESIDENT PARK RENTALS, AND REVISING THE EXISTING PARK CANCELLATION FEE.
Community Development Director Mangalam and Parks and Recreation Director Schweigart presented the staff report.
Mayor Sullivan opened a public hearing to hear and consider comments regarding Establishing New Fees for Sidewalk Vending Permit, Non- Resident Park Rentals, and Revising the Existing Park Cancellation Fee.
No public testimony was received.
Without objection from the City Council, Mayor Sullivan closed the public hearing.
Discussion ensued.
Motion by Councilmember Froomin , seconded by Councilmember Kiesel , and carried unanimously by roll call vote , 5 -0-0, to introduce ordinance by title and waive further reading, and pass to second reading, “An Uncodified Ordinance of the City of Foster City Establishing New Fees for Sidewalk Vending Permit and Fines, Non- Resident Park Rental Fees, and Revising the Existing Park Cancellation Fee and Finding the Ordinance Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(b)(3).”
RECESS. Meeting recessed at 8:22 p.m. and reconvened at 8:27 p.m.
REPORTS
3RD QUARTER FISCAL YEAR 2023 -24 FINANCIAL UPDATE. MINUTE ORDER NO. 1979.
Assistant Finance Director Hassan presented the staff report.
Discussion ensued.
Motion by Councilmember /Director Froomin, seconded by Councilmember/Director Kiesel, and carried unanimously, 5-0-0, adopting Minute Order No. 1979, to receive and accept the report on the 3rd Quarter FY 2023-24 Financial Update.
RESOLUTIONS FOR ADOPTION
APPOINTMENT OF TWO MEMBERS TO NEW FULL TERM FROM JUNE 1, 2024 THROUGH MAY 31, 2028 ON THE PLANNING COMMISSION. CITY RESOLUTION NO. 2024-59.
Communications Director/City Clerk Schaus presented the staff report.
Evan Adams addressed the City Council via email.
The following applicants seeking appointment to the Planning Commission were interviewed by the City Council:
1. Ajay Godbole;
2. Nicolas Haddad;
3. Ravi Jagtiani;
4. Shivangini Patil; and
5. Jordan Pisarcik.
Motion by Vice Mayor Jimenez, seconded by Councilmember Kiesel , and carried unanimously, 5- 0-0, adopting City Resolution No. 2024- 59, “A Resolution of the City Council of the City of Foster City Appointing Two Members to the Foster City Planning Commission,” appointing Ravi Jagtiani and Nicolas Haddad to new full terms from June 1, 2024 through May 31, 2028 on the Planning Commission.
APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE THE CALL FOR BIDS FOR THE RECREATION CENTER REBUILD PROJECT (CIP 301 -679) (CEQA STATUS: ADOPTED MITIGATED NEGATIVE DECLARATION FOR THE RECREATION CENTER REBUILD PROJECT). CITY RESOLUTION NO. 2024-60.
Parks and Recreation Director Schweigart presented the staff report.
Evan Adams addressed the City Council via email.
Discussion ensued.
Motion by Mayor Sullivan, seconded by Councilmember Hindi, and carried, 4 -1-0, Councilmember Froomin voted “no”, adopting City Resolution No. 2024-60, “A Resolution of the City Council of the City of Foster City Approving Plans and Specifications and Authorizing the Call for Bids for the Recreation Center Rebuild Project (CIP 301- 678) (CEQA Status: Adopted Mitigated Negative Declaration for the Recreation Center Rebuild Project)” with direction to staff to explore potentially placing a bond measure on the November 5, 2024 ballot to locally fund the Recreation Center Rebuild Project.
COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.
City/District Warrants of Demands were Processed and Issued on May 15, 2024.
CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND
REQUESTS, AND COUNCIL LIAISON REPORTS
Councilmember/Director Kiesel requested City staff to distribute more information to residents regarding the responsibilities of property owners to maintain the sidewalks outside their property and to provide an active list of approved vendors to residents. He reported that he is also working on the budgets of multiple committees that he is a participant of.
Councilmember/Director Hindi thanked Mayor Sullivan for allowing him to present the proclamation recognizing June 2024 as LGBTQIA+ Pride month and stated that the Foster City community welcomes and is proud of all minority communities.
Councilmember/Director Froomin thanked staff for their speediness in providing requested reports and information. He stated he will submit a request to add an item to a future agenda to discuss the discontinuation of accepting public comments via teleconference.
Vice Mayor/Vice President Jimenez stated that the public comments provided earlier in the meeting are not a reflection of the Foster City community or anyone on the Council.
She stated she supports diversity of thought and speech when done in a civil and kind manner without hate. On June 1, she held her monthly Coffee with a Councilmember. On June 3, she attended the Progress Pride Flag Raising Ceremony at City Hall in celebration of LGBTQIA+ Pride Month. She reminded the public there will be a county Pride celebration in San Mateo on June 8. She congratulated the newly appointed Planning Commissioners and everyone who will be graduating this month.
Mayor/President Sullivan thanked Assistant City/District Manager Subhashini for stepping in as the Acting City/District Manager. He attended the Employee Art Show at the Recreation Center and purchased a drawing by a member of the staff. On May 23, he attended the City/County Association of Governments (C/CAG) Airport Land Use Committee meeting in Burlingame. On May 24, he attended the Council of Cities meeting in Redwood City with his fellow Councilmembers. He thanked his fellow Councilmembers for attending the Progress Pride Flag Raising Ceremony and expressed that he shared the same sentiments as the Vice Mayor regarding the public comments from earlier in the meeting.
PUBLIC
Public comment was reopened and there was no additional public comment received.
CLOSED SESSION
Mayor/President Sullivan recessed the meeting into Closed Session for:
1. Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation pursuant to Government Code Section § 549569: (One potential case);
2. Public Employee Performance Evaluation (Government Code 54957) Title: City Manager; and
3. Report Out from Closed Session.
Meeting recessed into Closed Session at 10:14 p.m. and reconvened at 10:58 p.m.
City Attorney/District Legal Counsel Stock reported that no action was taken in Closed Session.
ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 10:58 p.m.