CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF OCTOBER 21, 2024
MINUTES
CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of October 21, 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 ; 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 ; Cory Call, Police Captain; Rob Lasky, IT Manager ; Helen Gannon, Senior Planner ; Austin Walsh, Communications Manager; Katherine Estrada, Deputy City Clerk ; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.
SPECIAL PRESENTATIONS
PROCLAMATION RECOGNIZING OCTOBER 2024 AS “DOMESTIC VIOLENCE AWARENESS MONTH.”
Vice Mayor Jimenez presented the proclamation recognizing October 2024 as “Domestic Violence Awareness Month” to Karen Ferguson, CEO representing CORA (Community Overcoming Relationship Abuse).
PRESENTATION OF CERTIFICATES TO CIVICS ACADEMY CLASS OF 2024.
Mayor Sullivan presented the Certificates of Recognition to the Civics Academy Class of 2024.
CO
NSENT CALENDAR
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otion by Mayor/President Sullivan, seconded by Vice Mayor/Vice President Jimenez , 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 August 14, 2024;
2. City/EMID Regular Meeting Minutes of August 19, 2024;
3. City/EMID Regular Meeting Minutes of September 3, 2024;
4. City/EMID Special Meeting Minutes of September 16, 2024;
5. City/EMID Regular Meeting Minutes of September 16, 2024;
6. City Resolution No. 2024-1 08, “A Resolution of the City Council of the City of Foster City Approving Plans and Specifications and Authorizing the Calls for Bids for Median and Easement Maintenance and for Cul-De-Sac , Walkways, Island Bridges, and Easement Maintenance from January 1, 2025, and Ending December 31, 2027, with Optional Extensions Through December 31, 2029;”
7. City Resolution No. 2024-1 09, “A Resolution of the City Council of the City of Foster City Approving the Plans and Specifications, Authorizing the Call for Bids for CIP 301-700 Fuel Systems Improvements ( 2021-2022) and Finding That the Project is Categor ically Exempt Pursuant to the California Environmental Quality Act (CEQA) Guideline 15301(B) – Existing Facilities”; and
8. EMID Resolution No. 3779, “A Resolution of the Board of Directors of the Estero Municipal Improvement Distric t A pproving the Plans and S pecifications, Authorizing the Call for Bids for CIP 301-7 00 Fuel Systems Improvements (2021-2022) and Finding That the Project is Categorically Exempt Pursuant to the California Environmental Quality Ac t (CEQA) Guideline 15301(B) – Existing Facilities.”
P
UBLIC HEARINGS
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MEND TITLE 17, “ZONING,” BY ADDING A NEW CHAPTER 17.79, TWO -UNIT
DEVELOPMENTS AND URBAN LOT SPLITS, IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9 (SB 9).
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ommunity Development Director Mangalam presented the staff report.
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ayor Sullivan opened the public hearing to hear and receive comments regarding Amending Title 17, “Zoning,” by Adding a New Chapter 17.79, Two- Unit Developments and Urban Lot Splits, in Accordance with California Senate Bill 9 (SB 9).
James Floyd with the California Housing Defense Fund addressed the City Council via email.
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ithout objection from the City Council, Mayor Sullivan closed the public hearing.
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iscussion ensued.
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otion by Mayor Sullivan, seconded by Councilmember Froomin, and carried unanimously by roll call vote, 5-0- 0, to introduce ordinance by title only, waive further reading and pass to second reading, “An Ordinance of the City of Foster City Amending Title 17, “Zoning,” by Adding a New Chapter 17.79, Two- Unit Developments and Urban Lot Splits, in Accordance with California Senate Bill 9 (SB 9) and Finding That the Proposed Amendments to Title 17 Are “Not a Project” Under California Environmental Quality Act (CEQA) Pursuant to Government Code Sections 65852.21(J) and 66411.7(N) Rz2024-0010.”
CO
MPOSITION OF VOTING DISTRICTS AND NUMBER OF DISTRICTS . NO ACTION TAKEN. (TO START AT A TIME CERTAIN OF 7:00 P.M.)
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ommunications Director/City Clerk Schaus introduced Liz Stitt , representing Redistricting Partners, who presented the staff report.
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ayor Sullivan opened a public hearing to hear and consider community input regarding the composition of voting districts and number of districts.
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ue Lee and Brian Lee addressed the City Council via email.
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harlie Bronitsky addressed the City Council in person.
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ithout objection from the City Council, Mayor Sullivan closed the public hearing.
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iscussion ensued.
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ECESS. The meeting recessed 8:19 p.m. and reconvened at 8:25 p.m.
NE
W BUSINESS
APPEA
L OF THE DECISION OF THE PLANNING COMMISSION APPROVING A 770
SQUARE FEET ADDITION TO AN EXISTING SINGLE-STORY SINGLE-FAMILY HOME
INCLUDING CONSTRUCTING AN ADDITIONAL DRIVEWAY ON THE SITE AND
MODIFYING THE EXISTING SHARED DRIVEWAY AND OTHER SITE
IMPROVEMENTS LOCATED AT 106 CHALLENGE COURT IN NEIGHBORHOOD 1 – AR2023-0004
; A
ND FINDING THAT THE PROJECT IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES). MINUTE ORDER NO. 1999.
Mayor Sullivan, Councilmember Hindi, Vice Mayor Jimenez, and Councilmember Froomin disclosed they had all separately met with the applicants residing at 106 Challenge Court prior to the meeting. Councilmember Kiesel disclosed that h e had met with the appellants residing at 104 Challenge Court and had a phone call with a representative of the applicants residing at 106 Challenge Court prior to the meeting.
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ommunity Development Director Mangalam and Senior Planner Gannon presented the staff report. Communications Director/City Clerk Schaus stated that both the appellant and applicant would each have 10 minutes to present their statements.
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harlie Bronitsky, representing the appellants Nancy E Harmon and William H Borter, addressed the City Council.
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he applicant Kirti Patel addressed the City Council.
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otion by Councilmember Froomin, seconded by Councilmember Hindi, and carried unanimously, 5-0-0, to allow the appellant an additional 2 minutes for a rebuttal.
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he following people addressed the City Council via email:
1. Charlie Bronitsky; and
2. Kirti Patel.
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he following people addressed the City Council in person:
1. Eli Morowitz;
2. Joe Beckner; and
3. Phoebe Venkat.
Kalagee Shah addressed the City Council via teleconference.
Charlie Bronitsky, representing the appellant, provided a rebuttal.
The applicant Kirti Patel provided a rebuttal.
Discussion ensued.
Motion by Councilmember Froomin, seconded by Mayor Sullivan, and carried, 4-1-0, Councilmember Kiesel voted “no,” adopting Minute Order No. 1999, directing staff to deny the appeal and uphold/approve the decision of the Planning Commission to approve an Architectural Review Permit AR2023-0 004 by Resolution No. P -19-24 and return to a future City Council meeting with an appropriate resolution for adoption.
RESOLUTIONS FOR ADOPTION
ESTABLISH A SECTION 115 IRREVOCABLE TRUST TO ADDRESS THE CITY’S UNFUNDED LIABILITIES FOR OTHER POST-E MPLOYMENT BENEFITS (OPEB).
CITY RESOLUTION NO. 2024-110. EMID RESOLUTION NO. 3780.
Assistant Finance Director H assan and Dennis Y u, representing PARS, presented the staff report.
Ajay Godbole addressed the City Council via teleconference.
Discussion ensued.
Motion by Councilmem ber/Director Froomin, seconded by Vice Mayor/Vice President Jimenez, and carried unanimous ly, 5-0-0 , adopting City Resolution No. 2024-110, “ A Resolution of the City Council of the City of Foster City Approving the Establishment of a Tax-Exempt IRC Section 115 Irrevocable Trust; Selecting the Public Agency Retirement Services (PARS) as the Trust Administrator; Authorizing the City Manager (or Successor/Designee) to Approve the Agreement with PARS, to Be the City’s Plan Administrator and Execute All Necessary Docum ents to Establish the IRC Section 115 Irrevocable Trust; Approving "Growth" Investment Strategy; Approving the Initial Funding of $286,294; and Approv ing the Appropriation in Account 508-0 460-999-4155 for $286,294” and EMID Res olution No. 3780, “A Resolution of the Board of Dir ectors of the Estero Municipal Improvement Distric t Approving the Establishment of a Tax-E xempt IRC Section 115 Irrevocable Trust; Selecting the Public Agency Retirement Services (PARS) as the Trust Administr ator; Authorizing the City Manager (or Successor/Designee) to Approve the Agreement with PARS, to Be the City ’s Plan Administrator and Execute All Necessary Documents to Establish the IRC Section 115 Irr evocable Trust; Approving "Growth" Investment Strategy; Approving the Initial Funding of $286,294; and Approving the Appropriation in Account 508-0 460-999-4155 for $286,294” with amendments to the resolutions establishing the Section 115 Irrevocable Trus t for other post-employment benefits (OPEB) obligations only and r equiring the City/Distr ict Manager (or his/her successor or his/her designee) to c onsult with the City Council/Distric t Board and seek authorization for any changes in investment and/or funding strategies .
REQUEST FOR PROPOS AL FOR ON-CALL PUBLIC WORKS MAINTENANCE AND URGENT/EMERGENCY RESPONSE SERVICES. CITY RESOLUTION NO. 2024-111. EMID RESOLUTION NO. 3781.
Public Works Director Brozyna presented the staff report.
Discussion ensued.
Motion by Councilmem ber/Director Froomin, seconded by Vice Mayor/Vice President Jimenez, and carried unanimously, 5-0-0 , adopting City Resolution No. 2024-111, “A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposal for On-C all Public Works Maintenance and Urgent/Emergency Response Services; Authorizing the City Manager to Execute Master Service Agreements; and Finding the Action Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Sections 15061( B)(3), 15301 (Class 1- Ex isting Facilities), 15302 (Clas s 2 - Replacement or Reconstruc tion)
and 15269(B) (Emergency Repair)” and EMID Resolution No. 3781, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Issuance of a Request for Proposal for On-Call Public Works Maintenance and Urgent/Emergency Response Services; Authorizing the City Manager to Execute Master Service Agreements; and Finding the Action Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Sections 15061(B)(3), 15301 (Class 1 - Existing Facilities), 15302 (Class 2 - Replacement or Reconstruction) and 15269(B) (Emergency Repair).”
REQUEST FOR PROPOS ALS (RFP) FOR PROFESSIONAL ENGINEERING
SERVICES FOR THE WATER MAIN CONDITION A SSESSMENT PROJECT (CIP 405723), AUTHORIZING THE INITIATION OF THE CONSULTANT SELECTION
PROCESS FOR THE RFP, AND FINDING THAT THE PROJECT IS EXE MPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) . EMID RESOLUTION NO. 3782.
Public Works Director Brozyna presented the staff report.
Discussion ensued.
Motion by Director Froomin, seconded by Vice President Jimenez, and carried unanimously, 5-0-0, adopting EMID Resolution No. 3782, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Issuance of a Request for Proposals (RFP) for Professional Engineering Services for the Water Main Condition Assessment Project (CIP 405723), Authorizing the Initiation of the Consultant Selection Process for the RFP, and Finding That the Project is Exempt Pursuant to the California Environmental Quality Act (CEQA).”
CHANGE TO THE NAME OF THE RECREATION CENTER FROM THE “WILLIAM E.
WALKER RECREATION CENTER” TO THE “FOSTER CITY COMMUNITY CENTER” AND RENAMING THE CURRENT COMMUNITY CENTER. CITY RE SOLUTION NO. 2024-112.
Parks and Recreation Director Schweigart presented the staff report.
Discussion ensued.
Motion by Councilmember Froomin, seconded by Mayor Sullivan, and carried, 4-1-0, Councilmember Hindi voted “no,” adopting City Resolution No. 2024-1 12, “A Resolution of the City Council of the City of Foster City Authorizing a Change to the Name of the Recreation Center From the “William E. Walker Recreation Center” to the “Foster City Community Center” and Renaming the Current Community Center” and renaming the current Community Center the “Community Center Annex.”
COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.
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ity/District Warrants of Demands were processed and issued on September 30, 2024.
CI
TY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND
REQUESTS, AND COUNCIL LIAISON REPORTS
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ice Mayor/Vice President Jimenez encouraged the public to vote in the November election and register to vote if they had not already.
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ayor/President Sullivan stated he attended the 2024 League of California Cities (Cal Cities) Conference that was held from October 16 to October 18.
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LOSED SESSION
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ayor/President Sullivan recessed the meeting into Closed Session for:
1. C
onference with Labor Negotiators
Agency designated representatives: Diane Pitman and Richard Bacio Employee organization: AFSCME and POA; and
2. Report Out from Closed Session.
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eeting recessed into Closed Session at 11:15 p.m. and reconvened at 12:12 a.m.
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ity Attorney/District Legal Counsel Stock reported that no action was taken in Closed Session.
ADJ
OURNMENT
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earing no objection from the City Council/ EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 12:12 a.m.