CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
AGENDA
Wednesday, August 19, 2026 06:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF DIRECTORS
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.
To Attend the Meeting in Person:
Location: 620 Foster City Boulevard, Foster City, California, 94404 To Provide Public Comment in Person:
The public should 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://fostercity-org.zoom.us/j/82592136594. To dial-in via phone: 1-669-444-9171 or 1-408-638-0968 and enter Webinar ID: 825 9213 6594 To Provide Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by 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. Please clearly state your full name for the record at the start of your public comment.
Written Public Comment Before the Meeting: Public comments may be submitted in advance at least two hours before the start time on 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. Public comment emails should clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda and include the submitter’s full name (Recommended but not required).
Written public comments received at least two hours before the start time on the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be posted to the City’s website for viewing prior to the meeting.
CALL TO ORDER
ROLL CALL
Councilmembers/ex officio EMID Directors Stacy Jimenez, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Art Kiesel PUBLIC
Pursuant to Government Code Section 54954.3(a), members of the public wishing to address the Council may do so, and the comments shall be limited to the Special Meeting notice topic(s). Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
Consideration of Options for the Unopposed City Council District 2 Election Scheduled for November 3, 2026 and Take One of the Following Actions:
ADOPT - A Resolution of the City Council of the City of Foster City, Approving the Appointment of Stacy Jimenez, the Sole Nominated Candidate to the District 2 City Council Seat for the November 3, 2026 General Municipal Election Pursuant to Elections Code Section 10229
OR
ACTION - Hold the Election, If Either No One or Only One Person Has Been Nominated
ADJOURNMENT
The public is invited to attend.
Any attendee wishing a reasonable accommodation at the meeting based on disability should contact the City Clerk’s Department at (650) 286-3250 or [email protected] at least 72 hours in advance of the meeting to ensure availability; requests made with less notice will still be considered, and the City will provide the requested accommodation or an effective alternative when feasible. 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.
For City Council meetings, members of the public who wish to provide or receive language interpretation during the meeting using their own interpreter, another member of the public, or commercially available interpretation services may request reasonable assistance from the City Clerk Department at (650) 286-3250 or [email protected] at least 72 hours in advance of the meeting. Reasonable assistance may include arranging space for an interpreter, allowing additional time for interpretation, or helping participants use
1. 2.
3. 4.
5.
personal equipment or reasonably access available facilities for interpretation services, provided the interpretation does not disrupt the meeting.
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 live and on-demand:
https://www.fostercity.org/agendasandminutes; https://www.youtube.com/@CityofFosterCity https://www.fostercity.org/fctv (live only)
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) and Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs)
DATE: August 19, 2026
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Priscilla Schaus, Communications Director/City Clerk DEPARTMENT: Communications/City Clerk
SUBJECT: Consideration of Options for the Unopposed City Council District 2 Election Scheduled for November 3, 2026
RECOMMENDATION
It is recommended that the City Council receive this report, which certifies certain facts regarding the Foster City Council District Seat 2, and thereafter consider taking one of the following actions related to the District 2 City Councilmember General Municipal Election scheduled for November 3, 2026:
1. Appoint to the office the person who has been nominated;
2. Appoint to the office any eligible elector if no one has been nominated (not applicable in this case); or
3. Hold the election, if either no one or only one person has been nominated.
EXECUTIVE SUMMARY
The City Council, pursuant to California Elections Code 10229, has the option at a regular or special meeting before the election to adopt one of the following courses of action because only one person was qualified to be elected as a City Councilmember by District 2 at the General Municipal Election scheduled for November 3, 2026.
The City Council may either appoint to the office the person who has been nominated or hold the election as scheduled.
BACKGROUND/ANALYSIS
Item 4.
On June 5, 2026, the City Council adopted City Resolution No. 2026-058 (Attachment 2) calling and giving notice of holding a General Municipal Election for two City Council seats in Districts 1 and 2, requesting that the City Council consolidate the election with the Statewide General Election to be held November 3, 2026, and contracting with the San Mateo County Chief Elections Officer and Assessor-County Clerk-Recorder for election services. The deadline for filing nomination papers expired on Friday, August 7.
At the close of the candidate filing period, there were two candidates for one open seat in District 1, Art Kiesel and Phoebe Shin Venkat, and one candidate for one open seat in District 2, Stacy Jimenez. There are no measures on the local ballot.
Because there is one open seat in District 2 and the same number of candidates filed, and there is no other measure on the ballot, the City Council pursuant to California Elections Code §10229, has the option to adopt one of the following courses of action:
1. Appoint to the office the person who has been nominated;
2. Appoint to the office any eligible elector if no one has been nominated (not applicable in this case);
3. Hold the election, if either no one or only one person has been nominated.
Should the City Council wish to appoint the one candidate to fill the one District 2 seat on the Foster City City Council (Option No. 1), staff has attached a draft resolution to that effect (Attachment 1). If appointed, the person appointed shall take office and serve as if elected at the November 3, 2026 General Municipal Election. Option No. 2 is not applicable in this case because one person has been nominated.
A decision to cancel the election would preclude the opportunity for a write-in candidate to be nominated. Thus, Council could select Option No. 3 to proceed with the election if the Council desires to allow the opportunity for a write-in candidate.
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 24 hours prior to the meeting. Pursuant to Elections Code Section 10229, the Elections Official provided the required certification to the City Council that only one person has been nominated to be elected in Electoral District No. 2. Pursuant to Government Code §6061, a public notice must be published in a newspaper of general circulation that informs the public that the November 3, 2026 election is uncontested and describes the three options, identified above. This notice was published in the August 14 Edition of the San Mateo Daily Journal and fulfills the required five-day notice period.
If the City Council does not take action to appoint the candidates by the 75th day before the election, August 20, Elections Code 10229 states that the election will be held for both Districts 1 and 2. This would allow for write-in candidates.
At the August 19, 2026 meeting, the City Council may choose Option 1 and approve the draft resolution (Attachment 1) to appoint the sole nominee (Stacy Jimenez, District 2) to that office and to cancel the City’s election in Electoral District 2. Pursuant to Item 4.
Elections Code Section 10229, adoption of this resolution would need to occur by August 20, 2026, and provided to the San Mateo County Chief Elections Officer and Assessor-County Clerk-Recorder by 5 p.m. If appointed, Stacy Jimenez would take office and serve exactly as if elected at the General Municipal Election starting her new term in December 2026 representing District No. 2.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Not Applicable
FISCAL IMPACT
Should the City Council wish to cancel the November 3, 2026 District 2 election, estimated savings of up to $22,800 may be achieved. These funds are included in the 2026-2027 Fiscal Year budget.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement
ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – City Resolution No. 2026-058
Attachment 3 – Election Notice per Elections Code 10229 Attachment 4 – City Clerk’s Certificate of Facts
Item 4.
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY,
APPROVING THE APPOINTMENT OF STACY JIMENEZ, THE SOLE NOMINATED CANDIDATE TO THE DISTRICT 2 CITY COUNCIL SEAT FOR THE NOVEMBER 3, 2026 GENERAL MUNICIPAL ELECTION PURSUANT TO ELECTIONS CODE SECTION 10229
CITY OF FOSTER CITY
WHEREAS, on June 5, 2026, the City Council adopted City Resolution No. 2026- 058 calling and giving notice of the holding of a General Municipal Election on November 3, 2026, for the election of City Councilmembers representing Districts 1 and 2, requesting consolidation of the election with the Statewide General Election, and requesting election services from the San Mateo County Chief Elections Officer and Assessor-County ClerkRecorder; and WHEREAS, the nomination period for Districts 1 and 2 City Council seats closed on August 7, 2026; and
WHEREAS, at the close of the nomination period, only one person, Stacy Jimenez, had filed nomination papers and qualified as a candidate for the one District 2 City Council seat; and
WHEREAS, because only one person was nominated for the one office to be filled in District 2, the City Council may, pursuant to Section 10229 of the California Elections Code, either appoint the person nominated to the office or hold the election as scheduled; and
WHEREAS, the City Elections Official has certified to the City Council the facts concerning the nomination of candidates for the District 2 City Council seat and informed the City Council that it may appoint the person nominated or hold the election pursuant to Section 10229 of the California Elections Code; and
WHEREAS, a notice informing the public that the November 3, 2026 General Municipal Election for the District 2 City Council seat is uncontested and describing the options available to the City Council pursuant to Section 10229 of the California Elections Code was published in the San Mateo Daily Journal on August 14, 2026, pursuant to Government Code Section 6061; and
WHEREAS, the City Council has considered the information presented by the City Clerk regarding the uncontested District 2 City Council election and the options available pursuant to Section 10229 of the California Elections Code; and WHEREAS, the City Council desires to exercise its authority pursuant to Section 10229 of the California Elections Code to appoint Stacy Jimenez, the sole nominated Item 4.
candidate, to the District 2 City Council seat rather than hold the November 3, 2026 General Municipal Election for that office; and
WHEREAS, pursuant to Section 10229 of the California Elections Code, a person appointed pursuant to that section shall take office and serve exactly as if elected at the November 3, 2026 General Municipal Election; and
WHEREAS, appointing the sole nominated candidate pursuant to Section 10229 of the California Elections Code, rather than holding the November 3, 2026 General Municipal Election for the District 2 City Council seat, may result in savings of up to $22,800 for the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City does hereby authorize the following:
1. The City Council hereby appoints Stacy Jimenez to the office of City Councilmember, District 2, pursuant to Section 10229 of the California Elections Code;
2. The November 3, 2026 General Municipal Election for the District 2 City Council seat is hereby canceled, and the District 2 City Council seat shall not appear on the November 3, 2026 ballot;
3. Stacy Jimenez shall take office and serve exactly as if elected at the November 3, 2026 General Municipal Election, with the term of office commencing in December 2026, in accordance with applicable law; and
4. The City Clerk is hereby authorized and directed to provide a certified copy of this Resolution to the San Mateo County Chief Elections Officer and Assessor-County Clerk-Recorder by 5:00 p.m. on August 20, 2026, and to take all other actions necessary to effectuate the appointment and cancellation of the District 2 election.
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 19th day of August 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
ART KIESEL, MAYOR
ATTEST:
_____________________________
PRISCILLA SCHAUS, CITY CLERK
Item 4.
RESOLUTION NO. 2026-058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY (1) CALLING
AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026 FOR THE ELECTION OF ONE ( 1) MEMBER OF THE CITY COUNCIL FOR DISTRICT 1 AND ONE (1) MEMBER OF THE CITY COUNCIL FOR DISTRICT 2; REQUESTING THAT THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN MATEO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026 WITH THE STATEWIDE GENERAL ELECTION PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE
AND TO PERMIT THE SAN MATEO COUNTY REGISTRATION AND ELECTIONS
DIVISION TO CONDUCT SAID ELECTION, AND AUTHORIZING THE CITY CLERK TO
EXECUTE A SERVICE AGREEMENT WITH THE COUNTY OF SAN MATEO FOR
ELECTION SERVICES
CITY OF FOSTER CITY
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 3, 2026; and WHEREAS, pursuant to Foster City Municipal Code section 2.56.025(D), commencing with the general municipal election in November, 2026, election of one (1) Member of the City Council for District 1 and one (1) Member of the City Council for District 2 for full four year terms; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date pursuant to Elections Code Section 10002 and within the City the precincts, polling places, and election officers for the elections be the same, and that the Registration and Elections Division of the County of San Mateo canvass the returns of the General Municipal Election and the election be held in all respects as if there were only one election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City, California that:
1. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Foster City on Tuesday, November 3, 2026, a General Municipal Election for the purpose of electing the following:
a. One Councilmember from District 1 for a term of four years, to expire in 2030;
b. One Councilmember from District 2 for a term of four years, to expire in 2030;
2. That the San Mateo County Registration and Elections Division is hereby authorized to canvass the returns of the City General Municipal Election, and that the General Municipal Election and the other elections shall be held in all respects Docusign Envelope ID: C2BCCA2C- F5F8-825D-8277-44AE00CBC8E3 Item 4.
City Resolution No. 2026-058
as if there were only one election, and only one form of ballot shall be used . The election will be held and conducted in accordance with the provisions of law regulating the Statewide election.
3. That pursuant to the requirements of Section 10403 of the Elections Code, the San Mateo County Board of Supervisors is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election.
4. That the ballots to be used at the election shall be in the form and content as required by law.
5. That the Board of Supervisors is hereby requested to issue to all officers of the County of San Mateo (the “County”) charged with duties pertaining to the other election instructions to take any and all steps necessary for the holding of the consolidated elections. Pursuant to Section 10002 of the Elections Code, the Board of Supervisors of the County is requested to permit the Registrar of Voters and County Clerk as County Elections Official to render all services specified by Section 10400 et seq. of the Elections Code relating to the election, for which services the City agrees to reimburse the County.
6. That the consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened at 7:00 a.m. and closed at 8:00 p.m. on election day, ballots counted and returned, returns canvassed, and all other proceeding in connection with the election shall be regulated and done by the County Clerk of the County in accordance with the provisions of law regulating the elections so consolidated .
7. Candidates who qualify for nomination in the General Municipal Election and submit a Candidate Statement of Qualifications to be published and distributed in the sample ballot will be governed by City Resolution No. 2023-102, which indicates that the word count of the statement cannot exceed 200 words, and that the candidate will cover the cost of publication and related services .
8. That the City Clerk is hereby authorized to execute a service agreement with the County to render specified services to the City relating to the November 3, 2026 Election, in a form approved by the City Attorney.
9. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further additional notice of election, in time, form and manner as required by law.
10. That the City Clerk of the City is hereby directed to file a certified copy of this resolution with the Board of Supervisors at the Registrar of Voters of the County as soon as possible and in no event later than 88 days prior to the date set for the elections.
Docusign Envelope ID: C2BCCA2C- F5F8-825D-8277-44AE00CBC8E3 Item 4.
City Resolution No. 2026-058
11. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of San Mateo Registrar Recorder / County Clerk, the City Council, in accordance with Election Code § 15651(b), shall conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote.
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of June, 2026, by the following vote:
AYES: Councilmembers Jimenez, Niederhofer, Sullivan, Venkat, and Mayor Kiesel NOES: None
ABSENT: None
ABSTAIN: None
ART KIESEL, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
Docusign Envelope ID: C2BCCA2C- F5F8-825D-8277-44AE00CBC8E3 Item 4.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that, pursuant to California Elections Code Section 10229, only one person has been nominated for the office of Member of the Foster City City Council, District 2, for the regularly scheduled municipal election to be held on Tuesday, November 3, 2026. The City Elections Official has certified to the Foster City City Council that only one person has been nominated for election to the District 2 office.
NOTICE IS HEREBY GIVEN that the City Council of the City of Foster City will hold a PUBLIC MEETING on Wednesday, August 19, 2026 at 6:30 p.m. to hear and consider public input on this item.
Pursuant to Elections Code Section 10229, the Foster City City Council may, at a regular or special meeting held before the municipal election, adopt one of the following courses of action:
1. Appoint the person who has been nominated to the office of Member of the Foster City City Council, District 2;
2. If no person had been nominated, appoint an eligible elector to the office; or
3. Hold the election for the office, notwithstanding that only one person has been nominated.
Because one person has been nominated for District 2, the City Council may appoint the nominated candidate or direct that the election be held. If the City Council does not make an appointment pursuant to Elections Code Section 10229, the election shall be held as provided by law.
After the fifth day following the date of posting or publication of this notice, the City Council may make the appointment or direct an election to be held in the affected territory.
If no person has been appointed pursuant to Elections Code Section 10229(a)(1) or (a)(2) by the 75th day before the municipal election, the election shall be held.
SAID PUBLIC MEETING will be held as a hybrid meeting in-person and by teleconference/video conference, subject to appropriate regulations. The meeting address is 620 Foster City Boulevard, Foster City, CA 94404. Final meeting location(s) and teleconference/video conference information will be listed on the agenda.
THE PUBLIC IS INVITED TO ATTEND. __________________________ Priscilla Schaus City Clerk/District Secretary
Dated: August 13, 2026
Posted/Published: August 14, 2026
Item 4.
CITY OF FOSTER CITY
CITY CLERK’S CERTIFICATE OF FACTS
PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10229
I, Priscilla Schaus, City Clerk and Elections Official of the City of Foster City, California, do hereby certify the following facts pursuant to California Elections Code Section 10229:
A General Municipal Election is scheduled to be held in the City of Foster City on Tuesday, November 3, 2026, for the election of a Member of the City Council representing District 2.
At the close of the nomination period, only one person, Stacy Jimenez, had been nominated for the office of Member of the City Council, District 2.
Pursuant to California Elections Code Section 10229, when only one person has been nominated for an office to be elected, the City Council may, at a regular or special meeting held before the municipal election, either:
1. Appoint to the office the person who has been nominated; or
2. Appoint to the office an eligible elector in no one has been nominated; or
3. Hold the election for the office notwithstanding that only one person has been nominated.
Notice of these facts and the courses of action available to the City Council was published and posted on August 14, 2026, in accordance with applicable law.
After the fifth day following the date of publication or posting of the notice, the City Council may make the appointment or direct that the election be held. If no appointment is made by the 75th day before the November 3, 2026 election, the election for the office shall be held.
Any person appointed pursuant to Elections Code Section 10229 shall qualify, take office, and serve exactly as if elected at a municipal election for the office.
I hereby submit this Certificate of Facts to the City Council of the City of Foster City pursuant to California Elections Code Section 10229. __________________________ Priscilla Schaus City Clerk/Elections Official
Dated: August 17, 2026
Item 4.