CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.
To Attend the Meeting in Person:
Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.
Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Tuesday, September 02, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF
DIRECTORS
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Declaring September 2025 as "National Emergency Preparedness Month"
4.2. A Proclamation Declaring September 2025 as “Suicide Prevention Month”
5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.
Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.
This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.
6.1. City/EMID Regular Meeting Minutes of August 18, 2025
6.2. An Ordinance of the City of Foster City Making Various Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code – Chapter 17.78 Accessory Dwelling Units to Ensure Compliance with State Laws Related to Accessory Dwelling Units and Finding the Proposed Amendments Exempt Under California Environmental Quality Act (CEQA) Guideline Section 15061(B)(3), Common Sense Exemption and Public Resources Code Section 21080.17 – Rz20250004 (First Reading on August 18, 2025) a) Adopt Ordinance
6.3. A Resolution of the City Council of the City of Foster City Authorizing the Purchase of Police Department Lockers from Space and Systems, Inc. in the Amount of $219,999.25
a) Staff Report
b) Adopt Resolution
6.4. A Resolution of the City Council of the City of Foster City Approving an Amendment to the License Agreement with Island United Church (IUC) and an Amendment to the Memorandum of Understanding with the Foster City Community Garden Association and IUC to Authorize Installation of Additional Garden Boxes at the Foster City Community Garden Located at 1130 Balclutha Drive
a) Staff Report
b) Adopt Resolution
6.5. a) A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026, Effective September 9, 2025; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026, Effective September 9, 2025
c) Staff Report
d) Adopt Resolutions
7. PUBLIC HEARINGS
7.1. A Public Hearing to Hear and Consider Comments Regarding Amendments to Title 2, “Administration and Personnel”; Title 15, “Building and Construction”; and Approving a Resolution Adopting a New Fee for Appeals to the Board of Appeals of the Foster City Municipal Code a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action An Ordinance of the City of Foster City Amending Section
2.28.090 within Chapter 2.28, “Planning,” of Title 2, “Administration and Personnel” of the Foster City Municipal Code to Add Duties of Board of Appeals to the Planning Commission and Finding the Amendments Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
f) Action An Ordinance of the City of Foster City Repealing and Replacing Sections 15.02.120, “Means of Appeals” Adopting by Reference and Amending Section 113 of the California Building Code;15.04.110, “Board of Appeals” Adopting by Reference and Amending Section R112 of the California Residential Code; 15.06.080, “Means of Appeals” Adopting by Reference and Amending Section 112 of the California Existing Building Code; 15.08.080, “Board of Appeals” Adopting by Reference and Amending Section 107.0 of the California Mechanical Code; 15.16.070, “Board of Appeals” Adopting by Reference and Amending Section 107.0 of the California Plumbing Code; and Adopting a New Section 15.20.190, “Board of Appeals” within Title 15, “Building and Construction” of the Foster City Municipal Code Adopting by Reference and Amending Section 89.108.8 of the California Electrical Code to Designate the Planning Commission as the Board of Appeals to Hear and Decide Appeals of Decisions Made by the Building Official; and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
g) Action — A Resolution of the City Council of the City of Foster City Establishing New Fee for Appeals to the Board of Appeals and Finding the Establishment of the Fee Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) i) Adopt Resolution
8. NEW BUSINESS
8.1. Consideration of Appointment of Voting Delegate and Alternate for the League of California Cities 2025 Annual Conference
a) Staff Report
b) Action – By Minute Order, Appoint Voting Delegate and Alternate
9. REPORTS
9.1. Informational Report on Local Reach Codes
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
9.2. Overview of the Draft Parks and Open Space Element and Conservation Element
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
10. RESOLUTIONS FOR ADOPTION
10.1. Consideration of Adopting an Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County and an Updated Tier 2 Drought Response Implementation Plan
a) Staff Report
b) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving an Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County and Finding the Amendment Exempt from Review Under the California Environmental Quality Act (CEQA) 15378(b) (5), 15060(c)(2), 15301, and 15162(a)
c) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Tier 2 Drought Response Implementation Plan Pursuant to Section 3.11.C of the Amended and Restated Water Supply Agreement and Finding the Amendment Exempt from Review Under the California Environmental Quality Act (CEQA) 15378(b)(5), 15060(c)(2), 15301, and 15162(a)
10.2. Consideration of Approving Carryover of Various Unspent Fiscal Year 2024 25 Appropriations to the Fiscal Year 202526 Budget
a) Staff Report
b) Action – Adopt A Resolution of the City Council of the City of Foster City Approving the Carryover of Various Unspent Fiscal year 202425 Budget Line Items and Supplemental Appropriations to the Fiscal Year 202526 Budget
c) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Carryover of Various Unspent Fiscal year 202425 Budget Line Items and Supplemental Appropriations to the Fiscal Year 202526 Budget
10.3. A Resolution of the City Council of the City of Foster City Authorizing a Temporary Business License Tax Amnesty Program Which Includes Suspension of the Collection of Penalties Associated with Past Due Business License Taxes
a) Staff Report
b) Action – Adopt Resolution
11. COMMUNICATIONS
11.1. City/District Warrants of Demands were Processed and Issued on August 14, 2025, and ACH were processed on August 5, 2025
a) Information Item Only
b) No Action Required
12. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
13. CLOSED SESSION
13.1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (one potential case) (See Attached)
13.2. Report Out from Closed Session
14. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.
To Attend the Meeting in Person:
Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.
Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Tuesday, September 02, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF
DIRECTORS
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Declaring September 2025 as "National Emergency Preparedness Month"
4.2. A Proclamation Declaring September 2025 as “Suicide Prevention Month”
5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.
Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.
This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.
6.1. City/EMID Regular Meeting Minutes of August 18, 2025
6.2. An Ordinance of the City of Foster City Making Various Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code – Chapter 17.78 Accessory Dwelling Units to Ensure Compliance with State Laws Related to Accessory Dwelling Units and Finding the Proposed Amendments Exempt Under California Environmental Quality Act (CEQA) Guideline Section 15061(B)(3), Common Sense Exemption and Public Resources Code Section 21080.17 – Rz20250004 (First Reading on August 18, 2025) a) Adopt Ordinance
6.3. A Resolution of the City Council of the City of Foster City Authorizing the Purchase of Police Department Lockers from Space and Systems, Inc. in the Amount of $219,999.25
a) Staff Report
b) Adopt Resolution
6.4. A Resolution of the City Council of the City of Foster City Approving an Amendment to the License Agreement with Island United Church (IUC) and an Amendment to the Memorandum of Understanding with the Foster City Community Garden Association and IUC to Authorize Installation of Additional Garden Boxes at the Foster City Community Garden Located at 1130 Balclutha Drive
a) Staff Report
b) Adopt Resolution
6.5. a) A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026, Effective September 9, 2025; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026, Effective September 9, 2025
c) Staff Report
d) Adopt Resolutions
7. PUBLIC HEARINGS
7.1. A Public Hearing to Hear and Consider Comments Regarding Amendments to Title 2, “Administration and Personnel”; Title 15, “Building and Construction”; and Approving a Resolution Adopting a New Fee for Appeals to the Board of Appeals of the Foster City Municipal Code a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action An Ordinance of the City of Foster City Amending Section
2.28.090 within Chapter 2.28, “Planning,” of Title 2, “Administration and Personnel” of the Foster City Municipal Code to Add Duties of Board of Appeals to the Planning Commission and Finding the Amendments Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
f) Action An Ordinance of the City of Foster City Repealing and Replacing Sections 15.02.120, “Means of Appeals” Adopting by Reference and Amending Section 113 of the California Building Code;15.04.110, “Board of Appeals” Adopting by Reference and Amending Section R112 of the California Residential Code; 15.06.080, “Means of Appeals” Adopting by Reference and Amending Section 112 of the California Existing Building Code; 15.08.080, “Board of Appeals” Adopting by Reference and Amending Section 107.0 of the California Mechanical Code; 15.16.070, “Board of Appeals” Adopting by Reference and Amending Section 107.0 of the California Plumbing Code; and Adopting a New Section 15.20.190, “Board of Appeals” within Title 15, “Building and Construction” of the Foster City Municipal Code Adopting by Reference and Amending Section 89.108.8 of the California Electrical Code to Designate the Planning Commission as the Board of Appeals to Hear and Decide Appeals of Decisions Made by the Building Official; and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
g) Action — A Resolution of the City Council of the City of Foster City Establishing New Fee for Appeals to the Board of Appeals and Finding the Establishment of the Fee Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) i) Adopt Resolution
8. NEW BUSINESS
8.1. Consideration of Appointment of Voting Delegate and Alternate for the League of California Cities 2025 Annual Conference
a) Staff Report
b) Action – By Minute Order, Appoint Voting Delegate and Alternate
9. REPORTS
9.1. Informational Report on Local Reach Codes
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
9.2. Overview of the Draft Parks and Open Space Element and Conservation Element
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
10. RESOLUTIONS FOR ADOPTION
10.1. Consideration of Adopting an Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County and an Updated Tier 2 Drought Response Implementation Plan
a) Staff Report
b) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving an Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County and Finding the Amendment Exempt from Review Under the California Environmental Quality Act (CEQA) 15378(b) (5), 15060(c)(2), 15301, and 15162(a)
c) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Tier 2 Drought Response Implementation Plan Pursuant to Section 3.11.C of the Amended and Restated Water Supply Agreement and Finding the Amendment Exempt from Review Under the California Environmental Quality Act (CEQA) 15378(b)(5), 15060(c)(2), 15301, and 15162(a)
10.2. Consideration of Approving Carryover of Various Unspent Fiscal Year 2024 25 Appropriations to the Fiscal Year 202526 Budget
a) Staff Report
b) Action – Adopt A Resolution of the City Council of the City of Foster City Approving the Carryover of Various Unspent Fiscal year 202425 Budget Line Items and Supplemental Appropriations to the Fiscal Year 202526 Budget
c) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Carryover of Various Unspent Fiscal year 202425 Budget Line Items and Supplemental Appropriations to the Fiscal Year 202526 Budget
10.3. A Resolution of the City Council of the City of Foster City Authorizing a Temporary Business License Tax Amnesty Program Which Includes Suspension of the Collection of Penalties Associated with Past Due Business License Taxes
a) Staff Report
b) Action – Adopt Resolution
11. COMMUNICATIONS
11.1. City/District Warrants of Demands were Processed and Issued on August 14, 2025, and ACH were processed on August 5, 2025
a) Information Item Only
b) No Action Required
12. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
13. CLOSED SESSION
13.1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (one potential case) (See Attached)
13.2. Report Out from Closed Session
14. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.
To Attend the Meeting in Person:
Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.
Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Tuesday, September 02, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF
DIRECTORS
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Declaring September 2025 as "National Emergency Preparedness Month"
4.2. A Proclamation Declaring September 2025 as “Suicide Prevention Month”
5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.
Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.
This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.
6.1. City/EMID Regular Meeting Minutes of August 18, 2025
6.2. An Ordinance of the City of Foster City Making Various Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code – Chapter 17.78 Accessory Dwelling Units to Ensure Compliance with State Laws Related to Accessory Dwelling Units and Finding the Proposed Amendments Exempt Under California Environmental Quality Act (CEQA) Guideline Section 15061(B)(3), Common Sense Exemption and Public Resources Code Section 21080.17 – Rz20250004 (First Reading on August 18, 2025) a) Adopt Ordinance
6.3. A Resolution of the City Council of the City of Foster City Authorizing the Purchase of Police Department Lockers from Space and Systems, Inc. in the Amount of $219,999.25
a) Staff Report
b) Adopt Resolution
6.4. A Resolution of the City Council of the City of Foster City Approving an Amendment to the License Agreement with Island United Church (IUC) and an Amendment to the Memorandum of Understanding with the Foster City Community Garden Association and IUC to Authorize Installation of Additional Garden Boxes at the Foster City Community Garden Located at 1130 Balclutha Drive
a) Staff Report
b) Adopt Resolution
6.5. a) A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026, Effective September 9, 2025; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026, Effective September 9, 2025
c) Staff Report
d) Adopt Resolutions
7. PUBLIC HEARINGS
7.1. A Public Hearing to Hear and Consider Comments Regarding Amendments to Title 2, “Administration and Personnel”; Title 15, “Building and Construction”; and Approving a Resolution Adopting a New Fee for Appeals to the Board of Appeals of the Foster City Municipal Code a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action An Ordinance of the City of Foster City Amending Section
2.28.090 within Chapter 2.28, “Planning,” of Title 2, “Administration and Personnel” of the Foster City Municipal Code to Add Duties of Board of Appeals to the Planning Commission and Finding the Amendments Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
f) Action An Ordinance of the City of Foster City Repealing and Replacing Sections 15.02.120, “Means of Appeals” Adopting by Reference and Amending Section 113 of the California Building Code;15.04.110, “Board of Appeals” Adopting by Reference and Amending Section R112 of the California Residential Code; 15.06.080, “Means of Appeals” Adopting by Reference and Amending Section 112 of the California Existing Building Code; 15.08.080, “Board of Appeals” Adopting by Reference and Amending Section 107.0 of the California Mechanical Code; 15.16.070, “Board of Appeals” Adopting by Reference and Amending Section 107.0 of the California Plumbing Code; and Adopting a New Section 15.20.190, “Board of Appeals” within Title 15, “Building and Construction” of the Foster City Municipal Code Adopting by Reference and Amending Section 89.108.8 of the California Electrical Code to Designate the Planning Commission as the Board of Appeals to Hear and Decide Appeals of Decisions Made by the Building Official; and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
g) Action — A Resolution of the City Council of the City of Foster City Establishing New Fee for Appeals to the Board of Appeals and Finding the Establishment of the Fee Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) i) Adopt Resolution
8. NEW BUSINESS
8.1. Consideration of Appointment of Voting Delegate and Alternate for the League of California Cities 2025 Annual Conference
a) Staff Report
b) Action – By Minute Order, Appoint Voting Delegate and Alternate
9. REPORTS
9.1. Informational Report on Local Reach Codes
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
9.2. Overview of the Draft Parks and Open Space Element and Conservation Element
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
10. RESOLUTIONS FOR ADOPTION
10.1. Consideration of Adopting an Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County and an Updated Tier 2 Drought Response Implementation Plan
a) Staff Report
b) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving an Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County and Finding the Amendment Exempt from Review Under the California Environmental Quality Act (CEQA) 15378(b) (5), 15060(c)(2), 15301, and 15162(a)
c) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Tier 2 Drought Response Implementation Plan Pursuant to Section 3.11.C of the Amended and Restated Water Supply Agreement and Finding the Amendment Exempt from Review Under the California Environmental Quality Act (CEQA) 15378(b)(5), 15060(c)(2), 15301, and 15162(a)
10.2. Consideration of Approving Carryover of Various Unspent Fiscal Year 2024 25 Appropriations to the Fiscal Year 202526 Budget
a) Staff Report
b) Action – Adopt A Resolution of the City Council of the City of Foster City Approving the Carryover of Various Unspent Fiscal year 202425 Budget Line Items and Supplemental Appropriations to the Fiscal Year 202526 Budget
c) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Carryover of Various Unspent Fiscal year 202425 Budget Line Items and Supplemental Appropriations to the Fiscal Year 202526 Budget
10.3. A Resolution of the City Council of the City of Foster City Authorizing a Temporary Business License Tax Amnesty Program Which Includes Suspension of the Collection of Penalties Associated with Past Due Business License Taxes
a) Staff Report
b) Action – Adopt Resolution
11. COMMUNICATIONS
11.1. City/District Warrants of Demands were Processed and Issued on August 14, 2025, and ACH were processed on August 5, 2025
a) Information Item Only
b) No Action Required
12. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
13. CLOSED SESSION
13.1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (one potential case) (See Attached)
13.2. Report Out from Closed Session
14. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.
To Attend the Meeting in Person:
Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.
Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Tuesday, September 02, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF
DIRECTORS
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Declaring September 2025 as "National Emergency Preparedness Month"
4.2. A Proclamation Declaring September 2025 as “Suicide Prevention Month”
5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.
Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.
This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.
6.1. City/EMID Regular Meeting Minutes of August 18, 2025
6.2. An Ordinance of the City of Foster City Making Various Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code – Chapter 17.78 Accessory Dwelling Units to Ensure Compliance with State Laws Related to Accessory Dwelling Units and Finding the Proposed Amendments Exempt Under California Environmental Quality Act (CEQA) Guideline Section 15061(B)(3), Common Sense Exemption and Public Resources Code Section 21080.17 – Rz20250004 (First Reading on August 18, 2025) a) Adopt Ordinance
6.3. A Resolution of the City Council of the City of Foster City Authorizing the Purchase of Police Department Lockers from Space and Systems, Inc. in the Amount of $219,999.25
a) Staff Report
b) Adopt Resolution
6.4. A Resolution of the City Council of the City of Foster City Approving an Amendment to the License Agreement with Island United Church (IUC) and an Amendment to the Memorandum of Understanding with the Foster City Community Garden Association and IUC to Authorize Installation of Additional Garden Boxes at the Foster City Community Garden Located at 1130 Balclutha Drive
a) Staff Report
b) Adopt Resolution
6.5. a) A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026, Effective September 9, 2025; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026, Effective September 9, 2025
c) Staff Report
d) Adopt Resolutions
7. PUBLIC HEARINGS
7.1. A Public Hearing to Hear and Consider Comments Regarding Amendments to Title 2, “Administration and Personnel”; Title 15, “Building and Construction”; and Approving a Resolution Adopting a New Fee for Appeals to the Board of Appeals of the Foster City Municipal Code a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action An Ordinance of the City of Foster City Amending Section
2.28.090 within Chapter 2.28, “Planning,” of Title 2, “Administration and Personnel” of the Foster City Municipal Code to Add Duties of Board of Appeals to the Planning Commission and Finding the Amendments Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
f) Action An Ordinance of the City of Foster City Repealing and Replacing Sections 15.02.120, “Means of Appeals” Adopting by Reference and Amending Section 113 of the California Building Code;15.04.110, “Board of Appeals” Adopting by Reference and Amending Section R112 of the California Residential Code; 15.06.080, “Means of Appeals” Adopting by Reference and Amending Section 112 of the California Existing Building Code; 15.08.080, “Board of Appeals” Adopting by Reference and Amending Section 107.0 of the California Mechanical Code; 15.16.070, “Board of Appeals” Adopting by Reference and Amending Section 107.0 of the California Plumbing Code; and Adopting a New Section 15.20.190, “Board of Appeals” within Title 15, “Building and Construction” of the Foster City Municipal Code Adopting by Reference and Amending Section 89.108.8 of the California Electrical Code to Designate the Planning Commission as the Board of Appeals to Hear and Decide Appeals of Decisions Made by the Building Official; and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
g) Action — A Resolution of the City Council of the City of Foster City Establishing New Fee for Appeals to the Board of Appeals and Finding the Establishment of the Fee Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) i) Adopt Resolution
8. NEW BUSINESS
8.1. Consideration of Appointment of Voting Delegate and Alternate for the League of California Cities 2025 Annual Conference
a) Staff Report
b) Action – By Minute Order, Appoint Voting Delegate and Alternate
9. REPORTS
9.1. Informational Report on Local Reach Codes
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
9.2. Overview of the Draft Parks and Open Space Element and Conservation Element
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
10. RESOLUTIONS FOR ADOPTION
10.1. Consideration of Adopting an Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County and an Updated Tier 2 Drought Response Implementation Plan
a) Staff Report
b) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving an Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County and Finding the Amendment Exempt from Review Under the California Environmental Quality Act (CEQA) 15378(b) (5), 15060(c)(2), 15301, and 15162(a)
c) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Tier 2 Drought Response Implementation Plan Pursuant to Section 3.11.C of the Amended and Restated Water Supply Agreement and Finding the Amendment Exempt from Review Under the California Environmental Quality Act (CEQA) 15378(b)(5), 15060(c)(2), 15301, and 15162(a)
10.2. Consideration of Approving Carryover of Various Unspent Fiscal Year 2024 25 Appropriations to the Fiscal Year 202526 Budget
a) Staff Report
b) Action – Adopt A Resolution of the City Council of the City of Foster City Approving the Carryover of Various Unspent Fiscal year 202425 Budget Line Items and Supplemental Appropriations to the Fiscal Year 202526 Budget
c) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Carryover of Various Unspent Fiscal year 202425 Budget Line Items and Supplemental Appropriations to the Fiscal Year 202526 Budget
10.3. A Resolution of the City Council of the City of Foster City Authorizing a Temporary Business License Tax Amnesty Program Which Includes Suspension of the Collection of Penalties Associated with Past Due Business License Taxes
a) Staff Report
b) Action – Adopt Resolution
11. COMMUNICATIONS
11.1. City/District Warrants of Demands were Processed and Issued on August 14, 2025, and ACH were processed on August 5, 2025
a) Information Item Only
b) No Action Required
12. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
13. CLOSED SESSION
13.1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (one potential case) (See Attached)
13.2. Report Out from Closed Session
14. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.
To Attend the Meeting in Person:
Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.
Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Tuesday, September 02, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF
DIRECTORS
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Declaring September 2025 as "National Emergency Preparedness Month"
4.2. A Proclamation Declaring September 2025 as “Suicide Prevention Month”
5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.
Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.
This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.
6.1. City/EMID Regular Meeting Minutes of August 18, 2025
6.2. An Ordinance of the City of Foster City Making Various Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code – Chapter 17.78 Accessory Dwelling Units to Ensure Compliance with State Laws Related to Accessory Dwelling Units and Finding the Proposed Amendments Exempt Under California Environmental Quality Act (CEQA) Guideline Section 15061(B)(3), Common Sense Exemption and Public Resources Code Section 21080.17 – Rz20250004 (First Reading on August 18, 2025) a) Adopt Ordinance
6.3. A Resolution of the City Council of the City of Foster City Authorizing the Purchase of Police Department Lockers from Space and Systems, Inc. in the Amount of $219,999.25
a) Staff Report
b) Adopt Resolution
6.4. A Resolution of the City Council of the City of Foster City Approving an Amendment to the License Agreement with Island United Church (IUC) and an Amendment to the Memorandum of Understanding with the Foster City Community Garden Association and IUC to Authorize Installation of Additional Garden Boxes at the Foster City Community Garden Located at 1130 Balclutha Drive
a) Staff Report
b) Adopt Resolution
6.5. a) A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026, Effective September 9, 2025; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026, Effective September 9, 2025
c) Staff Report
d) Adopt Resolutions
7. PUBLIC HEARINGS
7.1. A Public Hearing to Hear and Consider Comments Regarding Amendments to Title 2, “Administration and Personnel”; Title 15, “Building and Construction”; and Approving a Resolution Adopting a New Fee for Appeals to the Board of Appeals of the Foster City Municipal Code a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action An Ordinance of the City of Foster City Amending Section
2.28.090 within Chapter 2.28, “Planning,” of Title 2, “Administration and Personnel” of the Foster City Municipal Code to Add Duties of Board of Appeals to the Planning Commission and Finding the Amendments Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
f) Action An Ordinance of the City of Foster City Repealing and Replacing Sections 15.02.120, “Means of Appeals” Adopting by Reference and Amending Section 113 of the California Building Code;15.04.110, “Board of Appeals” Adopting by Reference and Amending Section R112 of the California Residential Code; 15.06.080, “Means of Appeals” Adopting by Reference and Amending Section 112 of the California Existing Building Code; 15.08.080, “Board of Appeals” Adopting by Reference and Amending Section 107.0 of the California Mechanical Code; 15.16.070, “Board of Appeals” Adopting by Reference and Amending Section 107.0 of the California Plumbing Code; and Adopting a New Section 15.20.190, “Board of Appeals” within Title 15, “Building and Construction” of the Foster City Municipal Code Adopting by Reference and Amending Section 89.108.8 of the California Electrical Code to Designate the Planning Commission as the Board of Appeals to Hear and Decide Appeals of Decisions Made by the Building Official; and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
g) Action — A Resolution of the City Council of the City of Foster City Establishing New Fee for Appeals to the Board of Appeals and Finding the Establishment of the Fee Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) i) Adopt Resolution
8. NEW BUSINESS
8.1. Consideration of Appointment of Voting Delegate and Alternate for the League of California Cities 2025 Annual Conference
a) Staff Report
b) Action – By Minute Order, Appoint Voting Delegate and Alternate
9. REPORTS
9.1. Informational Report on Local Reach Codes
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
9.2. Overview of the Draft Parks and Open Space Element and Conservation Element
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
10. RESOLUTIONS FOR ADOPTION
10.1. Consideration of Adopting an Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County and an Updated Tier 2 Drought Response Implementation Plan
a) Staff Report
b) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving an Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County and Finding the Amendment Exempt from Review Under the California Environmental Quality Act (CEQA) 15378(b) (5), 15060(c)(2), 15301, and 15162(a)
c) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Tier 2 Drought Response Implementation Plan Pursuant to Section 3.11.C of the Amended and Restated Water Supply Agreement and Finding the Amendment Exempt from Review Under the California Environmental Quality Act (CEQA) 15378(b)(5), 15060(c)(2), 15301, and 15162(a)
10.2. Consideration of Approving Carryover of Various Unspent Fiscal Year 2024 25 Appropriations to the Fiscal Year 202526 Budget
a) Staff Report
b) Action – Adopt A Resolution of the City Council of the City of Foster City Approving the Carryover of Various Unspent Fiscal year 202425 Budget Line Items and Supplemental Appropriations to the Fiscal Year 202526 Budget
c) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Carryover of Various Unspent Fiscal year 202425 Budget Line Items and Supplemental Appropriations to the Fiscal Year 202526 Budget
10.3. A Resolution of the City Council of the City of Foster City Authorizing a Temporary Business License Tax Amnesty Program Which Includes Suspension of the Collection of Penalties Associated with Past Due Business License Taxes
a) Staff Report
b) Action – Adopt Resolution
11. COMMUNICATIONS
11.1. City/District Warrants of Demands were Processed and Issued on August 14, 2025, and ACH were processed on August 5, 2025
a) Information Item Only
b) No Action Required
12. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
13. CLOSED SESSION
13.1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (one potential case) (See Attached)
13.2. Report Out from Closed Session
14. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.
To Attend the Meeting in Person:
Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.
Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Tuesday, September 02, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF
DIRECTORS
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Declaring September 2025 as "National Emergency Preparedness Month"
4.2. A Proclamation Declaring September 2025 as “Suicide Prevention Month”
5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.
Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.
This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.
6.1. City/EMID Regular Meeting Minutes of August 18, 2025
6.2. An Ordinance of the City of Foster City Making Various Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code – Chapter 17.78 Accessory Dwelling Units to Ensure Compliance with State Laws Related to Accessory Dwelling Units and Finding the Proposed Amendments Exempt Under California Environmental Quality Act (CEQA) Guideline Section 15061(B)(3), Common Sense Exemption and Public Resources Code Section 21080.17 – Rz20250004 (First Reading on August 18, 2025) a) Adopt Ordinance
6.3. A Resolution of the City Council of the City of Foster City Authorizing the Purchase of Police Department Lockers from Space and Systems, Inc. in the Amount of $219,999.25
a) Staff Report
b) Adopt Resolution
6.4. A Resolution of the City Council of the City of Foster City Approving an Amendment to the License Agreement with Island United Church (IUC) and an Amendment to the Memorandum of Understanding with the Foster City Community Garden Association and IUC to Authorize Installation of Additional Garden Boxes at the Foster City Community Garden Located at 1130 Balclutha Drive
a) Staff Report
b) Adopt Resolution
6.5. a) A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026, Effective September 9, 2025; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026, Effective September 9, 2025
c) Staff Report
d) Adopt Resolutions
7. PUBLIC HEARINGS
7.1. A Public Hearing to Hear and Consider Comments Regarding Amendments to Title 2, “Administration and Personnel”; Title 15, “Building and Construction”; and Approving a Resolution Adopting a New Fee for Appeals to the Board of Appeals of the Foster City Municipal Code a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action An Ordinance of the City of Foster City Amending Section
2.28.090 within Chapter 2.28, “Planning,” of Title 2, “Administration and Personnel” of the Foster City Municipal Code to Add Duties of Board of Appeals to the Planning Commission and Finding the Amendments Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
f) Action An Ordinance of the City of Foster City Repealing and Replacing Sections 15.02.120, “Means of Appeals” Adopting by Reference and Amending Section 113 of the California Building Code;15.04.110, “Board of Appeals” Adopting by Reference and Amending Section R112 of the California Residential Code; 15.06.080, “Means of Appeals” Adopting by Reference and Amending Section 112 of the California Existing Building Code; 15.08.080, “Board of Appeals” Adopting by Reference and Amending Section 107.0 of the California Mechanical Code; 15.16.070, “Board of Appeals” Adopting by Reference and Amending Section 107.0 of the California Plumbing Code; and Adopting a New Section 15.20.190, “Board of Appeals” within Title 15, “Building and Construction” of the Foster City Municipal Code Adopting by Reference and Amending Section 89.108.8 of the California Electrical Code to Designate the Planning Commission as the Board of Appeals to Hear and Decide Appeals of Decisions Made by the Building Official; and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
g) Action — A Resolution of the City Council of the City of Foster City Establishing New Fee for Appeals to the Board of Appeals and Finding the Establishment of the Fee Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) i) Adopt Resolution
8. NEW BUSINESS
8.1. Consideration of Appointment of Voting Delegate and Alternate for the League of California Cities 2025 Annual Conference
a) Staff Report
b) Action – By Minute Order, Appoint Voting Delegate and Alternate
9. REPORTS
9.1. Informational Report on Local Reach Codes
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
9.2. Overview of the Draft Parks and Open Space Element and Conservation Element
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
10. RESOLUTIONS FOR ADOPTION
10.1. Consideration of Adopting an Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County and an Updated Tier 2 Drought Response Implementation Plan
a) Staff Report
b) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving an Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County and Finding the Amendment Exempt from Review Under the California Environmental Quality Act (CEQA) 15378(b) (5), 15060(c)(2), 15301, and 15162(a)
c) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Tier 2 Drought Response Implementation Plan Pursuant to Section 3.11.C of the Amended and Restated Water Supply Agreement and Finding the Amendment Exempt from Review Under the California Environmental Quality Act (CEQA) 15378(b)(5), 15060(c)(2), 15301, and 15162(a)
10.2. Consideration of Approving Carryover of Various Unspent Fiscal Year 2024 25 Appropriations to the Fiscal Year 202526 Budget
a) Staff Report
b) Action – Adopt A Resolution of the City Council of the City of Foster City Approving the Carryover of Various Unspent Fiscal year 202425 Budget Line Items and Supplemental Appropriations to the Fiscal Year 202526 Budget
c) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Carryover of Various Unspent Fiscal year 202425 Budget Line Items and Supplemental Appropriations to the Fiscal Year 202526 Budget
10.3. A Resolution of the City Council of the City of Foster City Authorizing a Temporary Business License Tax Amnesty Program Which Includes Suspension of the Collection of Penalties Associated with Past Due Business License Taxes
a) Staff Report
b) Action – Adopt Resolution
11. COMMUNICATIONS
11.1. City/District Warrants of Demands were Processed and Issued on August 14, 2025, and ACH were processed on August 5, 2025
a) Information Item Only
b) No Action Required
12. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
13. CLOSED SESSION
13.1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (one potential case) (See Attached)
13.2. Report Out from Closed Session
14. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.
To Attend the Meeting in Person:
Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.
Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Tuesday, September 02, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF
DIRECTORS
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Declaring September 2025 as "National Emergency Preparedness Month"
4.2. A Proclamation Declaring September 2025 as “Suicide Prevention Month”
5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.
Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.
This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.
6.1. City/EMID Regular Meeting Minutes of August 18, 2025
6.2. An Ordinance of the City of Foster City Making Various Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code – Chapter 17.78 Accessory Dwelling Units to Ensure Compliance with State Laws Related to Accessory Dwelling Units and Finding the Proposed Amendments Exempt Under California Environmental Quality Act (CEQA) Guideline Section 15061(B)(3), Common Sense Exemption and Public Resources Code Section 21080.17 – Rz20250004 (First Reading on August 18, 2025) a) Adopt Ordinance
6.3. A Resolution of the City Council of the City of Foster City Authorizing the Purchase of Police Department Lockers from Space and Systems, Inc. in the Amount of $219,999.25
a) Staff Report
b) Adopt Resolution
6.4. A Resolution of the City Council of the City of Foster City Approving an Amendment to the License Agreement with Island United Church (IUC) and an Amendment to the Memorandum of Understanding with the Foster City Community Garden Association and IUC to Authorize Installation of Additional Garden Boxes at the Foster City Community Garden Located at 1130 Balclutha Drive
a) Staff Report
b) Adopt Resolution
6.5. a) A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026, Effective September 9, 2025; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026, Effective September 9, 2025
c) Staff Report
d) Adopt Resolutions
7. PUBLIC HEARINGS
7.1. A Public Hearing to Hear and Consider Comments Regarding Amendments to Title 2, “Administration and Personnel”; Title 15, “Building and Construction”; and Approving a Resolution Adopting a New Fee for Appeals to the Board of Appeals of the Foster City Municipal Code a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action An Ordinance of the City of Foster City Amending Section
2.28.090 within Chapter 2.28, “Planning,” of Title 2, “Administration and Personnel” of the Foster City Municipal Code to Add Duties of Board of Appeals to the Planning Commission and Finding the Amendments Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
f) Action An Ordinance of the City of Foster City Repealing and Replacing Sections 15.02.120, “Means of Appeals” Adopting by Reference and Amending Section 113 of the California Building Code;15.04.110, “Board of Appeals” Adopting by Reference and Amending Section R112 of the California Residential Code; 15.06.080, “Means of Appeals” Adopting by Reference and Amending Section 112 of the California Existing Building Code; 15.08.080, “Board of Appeals” Adopting by Reference and Amending Section 107.0 of the California Mechanical Code; 15.16.070, “Board of Appeals” Adopting by Reference and Amending Section 107.0 of the California Plumbing Code; and Adopting a New Section 15.20.190, “Board of Appeals” within Title 15, “Building and Construction” of the Foster City Municipal Code Adopting by Reference and Amending Section 89.108.8 of the California Electrical Code to Designate the Planning Commission as the Board of Appeals to Hear and Decide Appeals of Decisions Made by the Building Official; and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
g) Action — A Resolution of the City Council of the City of Foster City Establishing New Fee for Appeals to the Board of Appeals and Finding the Establishment of the Fee Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) i) Adopt Resolution
8. NEW BUSINESS
8.1. Consideration of Appointment of Voting Delegate and Alternate for the League of California Cities 2025 Annual Conference
a) Staff Report
b) Action – By Minute Order, Appoint Voting Delegate and Alternate
9. REPORTS
9.1. Informational Report on Local Reach Codes
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
9.2. Overview of the Draft Parks and Open Space Element and Conservation Element
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
10. RESOLUTIONS FOR ADOPTION
10.1. Consideration of Adopting an Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County and an Updated Tier 2 Drought Response Implementation Plan
a) Staff Report
b) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving an Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County and Finding the Amendment Exempt from Review Under the California Environmental Quality Act (CEQA) 15378(b) (5), 15060(c)(2), 15301, and 15162(a)
c) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Tier 2 Drought Response Implementation Plan Pursuant to Section 3.11.C of the Amended and Restated Water Supply Agreement and Finding the Amendment Exempt from Review Under the California Environmental Quality Act (CEQA) 15378(b)(5), 15060(c)(2), 15301, and 15162(a)
10.2. Consideration of Approving Carryover of Various Unspent Fiscal Year 2024 25 Appropriations to the Fiscal Year 202526 Budget
a) Staff Report
b) Action – Adopt A Resolution of the City Council of the City of Foster City Approving the Carryover of Various Unspent Fiscal year 202425 Budget Line Items and Supplemental Appropriations to the Fiscal Year 202526 Budget
c) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Carryover of Various Unspent Fiscal year 202425 Budget Line Items and Supplemental Appropriations to the Fiscal Year 202526 Budget
10.3. A Resolution of the City Council of the City of Foster City Authorizing a Temporary Business License Tax Amnesty Program Which Includes Suspension of the Collection of Penalties Associated with Past Due Business License Taxes
a) Staff Report
b) Action – Adopt Resolution
11. COMMUNICATIONS
11.1. City/District Warrants of Demands were Processed and Issued on August 14, 2025, and ACH were processed on August 5, 2025
a) Information Item Only
b) No Action Required
12. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
13. CLOSED SESSION
13.1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (one potential case) (See Attached)
13.2. Report Out from Closed Session
14. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes