CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF AUGUST 5, 2024
MINUTES
CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of August 5, 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.
Councilmember/Director Froomin teleconferenced from 1925 Belspring Court , Virginia Beach, VA 23464.
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:
Stefan Chatwin, City/District Manager ; Benjamin Stock , City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Diane Pitman, Administrative Services Director ; Derek Schweigart; Parks and Recreation Director; Andrew Brozyna, Public Works Director; Sofia Mangalam, Community Development Director; Waqas Hassan, Assistant Finance Director ; Tracy Avelar , Police Chief; Laura Galli, Engineering Manager; Monica Ly, Planning Manager; Rob Lasky, IT Manager ; Yelena Capello, Management Analyst; James Atkins, Senior Planner; Katherine Mendoza, Deputy City Clerk ; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.
PUBLIC
The following people addressed the City Council in person:
1. Stephanie Settle regarding the nonprofit LifeMoves;
2. Elyse Brummer regarding the nonprofit Ombudsman Services;
3. Ilona Gabor regarding security around local businesses;
4. Karen Epstein regarding the Recreation Center Rebuild Project;
5. Bethany Berkowitz regarding the nonprofit Mission Hospice and Home Care; and
6. Steve Okamoto regarding the internship program with the San Mateo Asian Pacific Islander Caucus.
CONSENT CALENDAR
Motion by Mayor/President Sullivan, seconded by Councilmember/Director Kiesel, and carried unanimously by roll call vote, 5-0-0, approving the following items on the City/District Consent Calendar:
City/EMID Consent Calendar
1. City/EMID Regular Meeting Minutes of July 15, 2024;
2. City Resolution No. 2024-74, “A Resolution of the City Council of the City of Foster City Authorizing (1) Task Order No. HBG -2024-02 to the Master Environmental Services Agreement with Huffman Broadway Group, Inc., in the Amount Not -to- Exceed $111,300 for Post -Construction Professional Services for Regulatory Agency Required Mitigation Monitoring and Compliance Reporting for the Levee Protection Planning and Improvements Project (CIP 327- 657); and (2) A Project Contingency in the Amount of $12,000 with Authority Given to the City Manager to Execute Task Order Amendments Up to the Contingency Amount, if Necessary; (CEQA Status: Environmental Impact Report Was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 20106012012));”
3. City Resolution No. 2024-75, “A Resolution of the City Council of the City of Foster City Approving Task Order CSG -2024-02 with CSG Consultants, Inc. for On- Call Professional Engineering and Temporary Staff Augmentation Services in the Amount of $100,000 for City Projects and Finding That the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Guidelines §15061(B)(3));”
4. EMID Resolution No. 3768, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Task Order CSG -2024-02 with CSG Consultants, Inc. for On- Call Professional Engineering and Temporary Staff Augmentation Services in the Amount of $100,000 for City Projects and Finding That the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Guidelines §15061(B)(3));”
5. City Resolution No. 2024-76, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Nineteen (19) Master Agreements with Selected Eighteen (18) Consultants for Professional On- Call Construction Management, Architectural Engineering, Landscape Architecture, Geotechnical Engineering, Corrosion/Cathodic Protection Engineering, and Cost Estimation Services and Finding That the Project is Categorically Exempt Pursuant to the California Environmental Quality
Act (CEQA) Guideline Section 15061(b)(3);”
6. EMID Resolution No. 3769, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the President to Execute Nineteen (19) Master Agreements with Selected Eighteen (18) Consultants for Professional On- Call Construction Management, Architectural Engineering, Landscape Architecture, Geotechnical Engineering, Corrosion/Cathodic Protection Engineering, and Cost Estimation Services and Finding That the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Guideline Section 15061(b)(3);”
7. City Resolution No. 2024-77, “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;” and
8. EMID Resolution No. 3770, “ 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.”
ITEM REMOVED FROM THE CONSENT CALENDAR
AGREEMENT WITH MEGA LED TECHNOLOGIES FOR THE REPLACEMENT AND INSTALLATION OF TWO (2) ELECTRONIC MARQUEE DISPLAY BOARDS AT THE
CORNER OF SHELL AND EAST HILLSDALE BOULEVARDS AND OTHER RELATED
SOFTWARE AND CELLULAR SERVICE IN AN AMOUNT NOT TO EXCEED $74,845.40. CITY RESOLUTION NO. 2024-78.
Without objection from the City Council, Mayor Sullivan removed this item from the Consent Calendar at the request of Councilmember Hindi.
Parks and Recreation Director Schweigart presented the staff report.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Vice Mayor Jimenez, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2024-78, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute an Agreement with Mega Led Technologies for the Replacement and Installation of Two (2) Electronic Marquee Display Boards at the Corner of Shell and East Hillsdale Boulevards and Other Related Software and Cellular Service in an Amount Not To Exceed $74,845.40, Establish a Contingency in the Amount of $7,485, Authorizing a Total Appropriation of $82,331 From the Equipment Replacement Fund to the Account Number 502-0110-413-4385 for Fiscal Year 2024- 2025; and Finding the Approval of the Agreement Categorically Exempt from Review Under the California Environmental Quality Act (CEQA) Guidelines Section 15301.”
PUBLIC HEARINGS
FISCAL YEAR 2024 -2025 APPROPRIATIONS LIMIT OF THE CITY/DISTRICT. CITY RESOLUTION NO. 2024-79. EMID RESOLUTION NO. 3771.
Assistant Finance Director Hassan presented the staff report.
Mayor/President Sullivan opened a public hearing to hear and consider public comments regarding the Fiscal Year 2024-2025 Appropriations Limit of the City/District.
No public testimony was received.
Without objection from the City Council/Board, Mayor/President Sullivan closed the public hearing.
Discussion ensued.
Motion by Councilmember/Director Hindi, seconded by Councilmember/Director Kiesel, and carried unanimously by roll call vote, 5- 0-0, adopting City Resolution No. 2024- 79 and EMID Resolution No. 3771, “ A Resolution of the City Council of the City of Foster City and Board of Directors of the Estero Municipal Improvement District Establishing the Fiscal Year 2024 -2025 Appropriations Limit Pursuant to Article XIIB of the California Constitution.”
ADOPTION OF THE GREEN AND LIVABLE ACCESIBLE DWELLING UNIT
RESOURCE (GLADUR) PRE -REVIEWED DESIGNS FOR DETACHED ACCESSORY DWELLING UNITS (ADUs) PREPARED BY THE HOUSING ENDOWMENT AND
REGIONAL TRUST OF SAN MATEO COURT (HEART) FOR THE IMPLEMENTATION OF THE HOUS ING ELEMENT PROGRAM H -D-4-C, “ PREAPPROVED ADU/JADU DESIGNS AND EXPEDITED REVIEW,” (“PROGRAM”) AND FIND THE PRE -
REVIEWED DESIGNS WITHIN THE SCOPE OF THE ENVIRONMENTAL IMPACT REPORT (SCH NUMBER 2022010509) PREPARED FOR THE FOSTER CITY HOUSING AND SAFETY ELEMENTS UPDATE. CITY RESOLUTION NO. 2024-80.
AMENDMENTS TO THE FOSTER CITY MUNICIPAL CODE, TITLE 17 – ZONING, CHAPTER 17.06, ADMINISTRATION, CONSTRUCTION AND ENFORCEMENT, AND CHAPTER 17.78 ACCESSORY DWELLING UNITS. CITY RESOLUTON NO. 2024-81.
Community Development Director Mangalam presented the combined staff report for the two agenda items regarding Permit Extensions and Accessory Dwelling Units.
Mayor Sullivan opened a public hearing to hear and consider public comments regarding Adoption of the Green and Livable Accessible Dwelling Unit Resource (GLADUR) Pre- reviewed Designs for Detached Accessory Dwelling Units (ADUs) Prepared by the Housing Endowment and Regional Trust of San Mateo County (HEART) for the Implementation of the Housing Element Program H -D-4-c, “Preapproved ADU/JADU Designs and Expedited Review,” (“Program”) and Find the Pre- reviewed Designs within the Scope of the Environmental Impact Report (SCH Number 2022010509) Prepared for the Foster City Housing and Safety Elements Update.
Evan Adams addressed the City Council via email.
Without objection from the City Council, Mayor Sullivan closed the public hearing.
Discussion ensued.
Motion by Councilmember Hindi seconded by Councilmember Kiesel , and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2024-80, “ A Resolution of the City Council of the City of Foster City Adopting the Green and Livable Accessible Dwelling Unit Resource (GLADUR) Pre -Reviewed Designs for Detached Accessory Dwelling Units (ADUs) Prepared by the Housing Endowment and Regional Trust of San Mateo County (HEART) for the Implementation of Housing Element Progr am H-D-4-c, “Preapproved ADU/JADU Designs and Expedited Review,” and Find the Pre- Reviewed Designs Within the Scope of the Environmental Impact Report (SCH Number 2022010509) Prepared for the Foster City Housing and Safety Elements Update.”
Mayor Sullivan opened a public hearing to hear and consider public comments regarding Proposed Amendments to the Foster City Municipal Code, Title 17 – Zoning, Chapter
17.06, Administration, Construction and Enforcement, and Chapter 17.78 Accessory Dwelling Units.
Evan Adams addressed the City Council via email.
Without objection from the City Council, Mayor Sullivan closed the public hearing.
Discussion ensued.
Motion by Mayor Sullivan, seconded by Councilmember Hindi, 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 Ordinance of the City of Foster City Amending Section 17.06.180 Within Chapter 17.06, “Administration, Construction and Enforcement,” and Section
17.36.110 Within Chapter 17.36, “PD Planned Development Combining District,” of Title 17, “Zoning” of the F oster City Municipal Code to Allow Extensions to Planning Entitlements and Finding the Amendments Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) - RZ2024-0006”
Motion by Councilmember Hindi, 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 Ordinance of the City of Foster City Amending Various Sections Within Chapter 17.78 “Accessory Dwelling Units,” of Title 17 of the Foster City Municipal Code to Ensure Compliance with Changes in State Law Related to Accessory Dwelling Units and Finding the Amendments Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) - RZ2024-000.”
Motion by Councilmember Hindi, seconded by Vice Mayor Jimenez, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2024-81, “A Resolution of the City Council of the City of Foster City Adopting Pre- Approval Design Program for Accessory Dwelling Units (ADUs) and Finding the Approval of the Program Exempt from the California Environmental Quality Act (CEQA) Guidelines Section 15601(B)(3).”
AMENDMENTS TO WATER NEUTRALITY GROWTH ORDINANCE. EMID
ORDINANCE NO. 139.
Public Works Director Brozyna presented the staff report.
President Sullivan opened a public hearing to hear and consider public comments regarding Amendments to Water Neutrality Growth Ordinance.
No public testimony was received.
Without objection from the Board of Directors, President Sullivan closed the public hearing.
Discussion ensued.
Motion by Director Hindi, seconded by Director Kiesel , and carried unanimously by roll call vote, 5-0-0, adopting EMID Ordinance No. 139, “An Ordinance of the Estero Municipal Improvement District Board of Directors Amending Chapter 8.90, Water Neutrality Growth, Within Title 8, Water and Sewer Service, of the Estero Municipal Improvement District Code and Finding the Approval of the Ordinanc e Exempt from the California Environmental Quality Act (CEQA) Pursuant to Guideline Section 15307.”
COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.
City/District Warrants of Demands were Processed and Issued on June 27, 2024, July 5, 2024, and July 16, 2024, and ACH were processed on July 5, 2024.
CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND
REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin reported that there will be a City Council Special Meeting on August 14 to discuss the City budget.
Councilmember/Director Kiesel reported that he attended the Planning Commission meeting on August 1.
Councilmember/Director Froomin reported that Ret hink Waste is in the process of working on a 10- year Strategic Plan and the development of their new Administrative Offices in San Carlos is nearing completion with an expected opening in September. He reminded the public about the National Night Out event at Leo J. Ryan Park on August 6.
He thanked IT Manager Lasky for managing the recordings and broadcasts of the Council meetings.
Councilmember/Director Hindi reported that he attended the Bay Area Water Supply & Conservation Agency (BAWSCA) Board meeting on July 18 where they received a report from the San Francisco Public Utilities Commission ( SFPUC) and a presentation on an alternative water supply plan.
Vice Mayor/Vice President Jimenez thanked Management Analyst Ortiz for his work organizing the Council of Cities meeting on July 26. She also thanked Zoox for their attendance at the meeting. On August 4, s he attended a Backpack Drive organized by Samaritan House and the Disaster Preparedness Day event hosted by San Ma teo County. She reminded the public that school resumes next week and requested parents to educate their children on road safety if they bike to school. She requested to agendize a consideration to enact a process for the Mayor ’s vote on future appointments for local committees and boards and received support from Councilmember/Director Froomin and Councilmember/Director Kiesel.
Mayor/President Sullivan thanked Vice Mayor/Vice President Jimenez for her assistance with the Council of Cities meeting on July 26. He commended her for running for a position on the Board of Directors of the San Mateo Transportation Authority (SMTA) to represent Cities-at-Large of San Mateo County. He requested to agendize a discussion regarding San Mateo County’s proposal of placing an Article 34 ballot measure for the November 5, 2024 general election and he received support from Councilmember/Director Hindi and Councilmember/Director Froomin.
CLOSED SESSION
Mayor/President Sullivan recessed the meeting into Closed Session for:
1. Public Employee Performance Evaluation (Government Code 54957) Title: City Manager;
2. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Section 54956.9: (One potential case); and
3. Report Out from Closed Session.
Meeting recessed into Closed Session at 8:16 p.m. and reconvened at 9:47 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 9:47 p.m.