CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF OCTOBER 7, 2024
MINUTES
CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of October 7, 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:
Stefan Chatwin, City/District Manager ; Denise Bazzano, Assistant 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 ; Cory Call, Police Captain; Rob Lasky, IT Manager; Nori Jabba, Housing Coordinator; Katherine Estrada, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.
SPECIAL PRESENTATIONS
PROCLAMATION DECLARING OCTOBER 6-12, 2024 AS “FIRE PREVENTION WEEK.”
Councilmember Froomin presented the proclamation declaring October 6-12, 2024 as “Fire Prevention Week ” to Deputy Fire Marshal Melinda Martin, representing the San Mateo Consolidated Fire Department.
PROCLAMATION RECOGNIZING OCTOBER 14, 2024 AS “INDIGENOUS PEOPLES’ DAY.”
Councilmember Hindi presented the proclamation recognizing October 14, 2024 as “Indigenous Peopl es’ Day” to Gloria Gutierrez, representing the Native Indigenous Peoples’ Initiative of San Mateo County.
PUBLIC
Assistant City Attorney/District Legal Counsel Bazzano stated as a reminder to the City Council and public that public comments on non-agendized items must address matters within the subject matter jurisdiction of the City, and comments on agendized must relate to the specific items being discussed.
CONSENT CALENDAR
Motion by Councilmember/Director Froomin, seconded by Councilmember/Director Hindi, and carried unanimously, 5-0-0, approving the following items on the City/District Consent Calendar:
City/EMID Consent Calendar
1. City Ordinance No. 682, “ An Ordinance of the City of Foster City to Amend Sections 8.11.010, 8.11.020 and 8.11.030 of Chapter 8.11, “Regulation of the Sale of Flavored Tobacco Products and Electronic Cigarettes” Within Title 8, “Health and Safety” of the Foster City Municipal Code to Repeal Certain P rovisions Relating to Restaurants That Sell Hookah and Shisha Tobacco Products (First Reading on September 16, 2024);”
2. City Resolution No. 2024- 102, “ A Resolution of the City Council of the City of Foster City Approving Contract Amendment No. 1 to the Contract with Julio’s Cleaning and Maintenance Services Dated September 3, 2024, to Remove the Recreation Center and Add the Temporary Modular Recreation Center Facilities to the Scope of Work Due to the Approval of the Recreation Center Rebuild Project and Authorize the Mayor to Execute Amendment No.1;”
3. City Resolution No. 2024- 103, “ A Resolution of the City Council of the City of Foster City Approving and Authorizing Staff to Issue a Request for Proposals (RFP) for Consulting Services for an Amendment to the City of Foster City's General Plan Parks and Open Space Element and Conservation Element and to Find the Request Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3);”
4. City Resolution No. 2024- 104, “ A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Execute an Agreement with Pacific Gas and Electric (PG&E) in the Amount of $82,701.44 for the Construction of the Temporary Power for the Recreation Center Rebuild Project (CIP 301-678);”
5. City Resolution No. 2024-105, “ A Resolution of the City Council of the City of Foster City Authorizing an Appropriation of $73,200 from the General Fund to Account No. 001- 0220-414-42-51 for Costs Associated with the City’s Transition to District-Based Elections;”
6. City Resolution No. 2024- 106, “ A Resolution of the City Council of the City of Foster City Approving and Adopting the Pay Plans for Fiscal Year 2024- 2025; Fiscal Year 2024-2023; and Fiscal Year 2022-2023;”
7. EMID Resolution No. 3777, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Pay Plans for Fiscal Year 2024-2025; Fiscal Year 2024-2023; and Fiscal Year 2022-2023;” and
8. EMID Resolution No. 3778, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Award of Construction Contract to Performance Mechanical, Inc. in the Amount of $1,289,130 for the Construction of Lift Station 59 Effluent Line Improvement Project (CIP 455- 695) and the Establishment of a Construction Contingency in the Amount of $130,000; the Execution of a Task Order CON -2024-01 with Consor PMCM, Inc. in the Amount of $149,305 for Construction Management and Inspection Services and the Establishment of a Contingency in the Amount of $30,000; the Execution of Amendment No. 3 with BKF Inc. in the Amount of $10,833 for Construction Design Support Services and Increasing Contingency in the Amount of $16,000; and Finding t he Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B)(3) and 15301(C) —Existing Facilities.”
ITEM PULLED FROM CONSENT CALENDAR
RECREATION CENTER SURPLUS OFFICE FURNITURE AND EQUIPMENT DONATIONS TO LOCAL NON- PROFIT ORGANIZATIONS . CITY RESOLUTION NO. 2024-107.
Without objection from the City Council, Mayor Sullivan pulled this item from the consent calendar at the request of Councilmember Kiesel.
Parks and Recreation Director Schweigart presented the staff report.
Discussion ensued.
Motion by Councilmember Kiesel, seconded by Councilmember Froomin, and carried unanimously, 5- 0-0, adopting City Resolution No. 2024- 107, “A Resolution of the City Council of the City of Foster City Authorizing Recreation Center Surplus Office Furniture and Equipment Donations to Local Non-Profit Organizations.”
REPORTS
ESTABLISH A POLICY TO REQUIRE THE MAYOR TO VOTE ACCORDING TO
COUNCIL DIRECTION WHEN VOTING ON ITEMS FROM THE SAN MATEO COUNTY COUNCIL OF CITIES/SELECTION COMMITTEE FOR REGIONAL APPOINTMENTS .
MINUTE ORDER NO. 1996. TAKEN OUT OF AGENDA ORDER.
Assistant City Attorney Bazzano presented the staff report.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Mayor Sullivan, adopting Minute Order No. 1996, directing staff in January of each year to provide the City Council a comprehensive list including term expiration dates of the County Board, Commission, and Committee positions appointed by the San Mateo County Council of Cities/Selection Committee and City/County Associations of Governments (C/CAG) that will be vacant within that year.
PUBLIC HEARINGS
COMPOSITION OF VOTING DISTRICTS AND NUMBER OF DISTRICTS . NO ACTION TAKEN. (TO START AT A TIME CERTAIN OF 7:00 P.M.)
Communications Director/City Clerk Schaus introduced Paul Mitchell, representing Redistricting Partners, who presented the staff report.
Mayor Sullivan opened a public hearing to hear and consider community input regarding the composition of voting districts and number of districts.
Evan Adams addressed the City Council via teleconference.
Without objection from the City Council, Mayor Sullivan closed the public hearing.
Discussion ensued.
RECESS. The meeting recessed at 8:31 p.m. and reconvened at 8:36 p.m.
STUDY SESSION
Mayor Sullivan recessed the meeting into Study Session.
UPDATE ON REACH CODES. MINUTE ORDER NO. 1997.
Community Director Mangalam presented the staff report.
Discussion ensued.
Motion by Councilmember Froomin, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting Minute Order No. 1997, directing staff to bring this item back at a future meeting for City Council’s consideration once the 2025 Building Codes have been approved by the State of California.
RENTAL REGISTRY PROGRAM. MINUTE ORDER NO. 1998.
Housing Coordinator Jabba presented the staff report.
The following addressed the City Council via teleconference:
1. Dustin Reilich, representing Deckard Technologies; and
2. Evan Adams.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Mayor Sullivan, and carried, 4- 1-0, Vice Mayor Jimenez voted “no,” adopting Minute Order No. 1998, directing staff to establish a mandate to expand the provisions of the existing Below Market Rate (BMR) Compliance software for BMR units to provide for additional data collection and analysis.
Meeting recessed into Study Session at 9:16 p.m. and reconvened at 10:37 p.m.
COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.
City/District Warrants of Demands were Processed and Issued on September 5, 2024, and September 16, 2024, and ACH were processed on September 5, 2024.
CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND
REQUESTS, AND COUNCIL LIAISON REPORTS
Councilmember/Director Kiesel stated he attended the Traffic Review Committee meeting on September 26, where they discussed Assembly Bill No. 413.
Councilmember/Director Hindi stated he attended the Peninsula Clean Energy Board meeting on September 26 . On October 2, he attended the SFO Airport/Community Roundtable meeting.
Councilmember/Director Froomin stated he attended the Bowditch Middle School ribbon- cutting ceremony on September 17. On September 19, h e attended the San Mateo Operational Area Emergency Services Organization (Emergency Services Council) meeting. On September 22, he led the Foster City Community Bike Ride alongside Vice Mayor/Vice President Jimenez. On September 23, he attended the San Mateo Consolidated Fire Board meeting and reported that the Fire Chief will be retiring at the end of the year. On September 27, he attended the Council of Cities in Menlo Park. He attended the 2024 Sports Wall of Fame Induction Ceremony at Sea Cloud Park on September 28. On October 5, he attended the San Mateo Consolidated Fire Open House.
He wished a Happy New Year to Jewish residents and requested to schedule the discussion of City Council Liaisons for the regular City Council meeting on December 16.
Without receiving support from two other Councilmembers, he withdrew his request.
Vice Mayor/Vice President Jimenez stated she attended the Caltrain Electric Service Launch Party on September 22. On September 24, she attended the badge pinning ceremony for the San Mateo Consolidated Fire Department. On September 25, she attended a climate change briefing at Skyline College. On September 27, she attended a briefing regarding various efforts in San Mateo County to combat homelessness. She attended the City/County Association of Governments (C/CAG) Congestion Management and Environmental Quality (CMEQ) committee meeting on September 30. On October 1, she attended the San Mateo County City Selection Committee meeting as the mayor’s alternate. On October 5, she attended the San Mateo Consolidated Fire Department Open House. She reminded the public to please vote and encouraged them to attend the City Council Candidate Forum on October 14 in the Council Chambers.
Mayor/President Sullivan stated he attended the Bowditch Middle School ribbon- cutting ceremony on September 17. He thanked Councilmember/Director Froomin for attending the Emergency Services Council meeting as his alternate. On September 24, he attended the San Mateo Consolidated Fire Department badge pinning ceremony. On September 26, he attended the San Mateo-Foster City School District Educator Housing Task Force meeting. On September 27, he attended the Council of Cities meeting in Menlo Park. He attended the 2024 Sports Wall of Fame Induction C eremony at Sea Cloud Park on September 28. He met with students from Brewer Island Elementary School for their “Meet the Mayor” visit/City educational tour on October 2.
ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 10:50 p.m.