Meeting


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/85792773928 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.
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  • Location: 620 Foster City Blvd, Foster City, California, 94404
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To Observe the Meeting via Teleconference/Video Conference:
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To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference: 
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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: 
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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

Monday, May 01, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin
  
4.
SPECIAL PRESENTATIONS
   
4.1.
Presentation of Certificates of Recognition to the Bowditch Middle School 6th Grade Gold Basketball Team 
4.2.
A Proclamation Recognizing May 2023 as "Mental Health Month"
4.3.
A Proclamation Recognizing May 2023 as "Asian American and Pacific Islander Heritage 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 Special Meeting Minutes of April 10, 2023
6.2.
City/EMID Regular Meeting Minutes of April 17, 2023
6.3.
A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. One (1) in the Amount of $38,100 to the Agreement With Wilsey Ham for on-call Services for the Levee Protection Planning and Improvements Project (CIP 327-657)
CEQA: Environmental Impact Report was prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012).
a) Staff Report
b) Adopt Resolution
 
6.4.
A Resolution of the City Council of the City of Foster City Appropriating $250,893 From the Vehicle Replacement Fund to Account No. 501-0560-431-4384 and Authorizing the Sole Source Purchase of a New Catch Basin Cleaner Truck From Stetco Group, LLC in the Amount of $250,892.82 and Authorize the City Manager to Approve the Purchase Order
a) Staff Report
b) Adopt Resolution
6.5.
A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of $15,548.00 From the General Fund Balance to Account No. 001-0670-421-4255 for FY 2022-2023 to Pay Police Academy Tuition for Four Current Police Officer Recruits
a) Staff Report
b) Adopt Resolution
6.6.
A Resolution of the City Council of the City of Foster City Authorizing Award of Vendor Agreement to SCA (Sweeping Corp of America) of CA, LLC, in an Annual Amount Not to Exceed $131,000 for Street Sweeping Services From June 1, 2023 Through December 31, 2025, With Optional Extensions Through December 31, 2028; Authorizing the Mayor to Execute the Agreement; Authorizing the City Manager to Extend the Agreement With Associated Contractually-defined Increases; and Finding Approval of Agreement Categorically Exempt From Review Under the California Environmental Quality Act (CEQA)
a) Staff Report
b) Adopt Resolution
6.7.
a) A Resolution of the City Council of the City of Foster City Authorizing the Transfer of $233,455 From the Wastewater Fund 451 to the Vehicle Replacement Fund 501 and Appropriating $415,904 From the Vehicle Replacement Fund 501 to Account No. 501-0560-431-43-84 and Authorizing the Purchase of a Vac-Con VJT1500 Truck for a Total Amount of $415,903.68 From Vac-Con Inc. and Authorizing City Manager to Approve the Purchase Order; and 
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Transfer of $233,455 From the Wastewater Fund 451 to the Vehicle Replacement Fund 501 and Appropriating $415,904 From the Vehicle Replacement Fund 501 to Account No. 501-0560-431-43-84 and Authorizing the Purchase of a Vac-Con VJT1500 Truck for a Total Amount of $415,903.68 From Vac-Con Inc. and Authorizing City Manager to Approve the Purchase Order
c) Staff Report
d) Adopt Resolutions 
6.8.
a) A Resolution of the City Council of the City of Foster City Authorizing the Adoption of the Joint Use Agreement for Joint Use Facilities Between the San Mateo-Foster City School District and the City of Foster City/Estero Municipal Improvement District for a Three (3) Year Term Extension From May 1, 2023, Through April 30, 2026; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Adoption of the Joint Use Agreement for Joint Use Facilities Between the San Mateo-Foster City School District and the City of Foster City/Estero Municipal Improvement District for a Three (3) Year Term From May 1, 2023, Through April 30, 2026
c) Staff Report
d) Adopt Resolutions
6.9.
a) A Resolution of the City Council of the City of Foster City Approving a Professional Services Agreement in an Amount Not to Exceed $289,002.25 With Tait Environmental Services, Inc. For Professional Engineering Design Services Associated With CIP 301-700 Fuel Systems Improvements (2021-2022) and finding award of agreement is exempt from the California Environmental Quality Act (CEQA) Pursuant to Guideline Section 15061(b)(3); and 
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a Professional Services Agreement in an Amount Not to Exceed $289,002.25 With Tait Environmental Services, Inc. For Professional Engineering Design Services Associated With CIP 301-700 Fuel Systems Improvements (2021-2022) and finding award of agreement is exempt from the California Environmental Quality Act (CEQA) Pursuant to Guideline Section 15061(b)(3)
c) Staff Reports 
d) Adopt Resolutions
7.
PUBLIC HEARINGS
   
7.1.
A Public Hearing to Hear and Consider Comments Regarding Revisions to the City/District Master Fees and Service Charges Schedule for Fiscal Year 2023-2024
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – A Resolution of the City Council of the City of Foster City Amending the Master Fees and Service Charges Schedule for FY 2023-24
f)  Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Amending the Master Fees and Service Charges Schedule for FY 2023-24
7.2.
A Public Hearing to Hear and Consider Comments Regarding Introduction of Chapter 8.090 Water Neutrality Growth Ordinance of Title 8, Water and Sewer Service, of the Estero Municipal Board of Directors (EMID), for New Development(s), Redevelopment(s) And Change in Use That Will Require a New Water Service From EMID or Will Increase Water Demand Above the Historic Average Annual Water Demand for the Subject Site/Parcel/Development. The Ordinance Is Necessary to Manage the EMID’s Potable Water Supply in the Short and Long Term and to Avoid or Minimize the Effects of Drought and Shortage Within the EMID Service Area
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – Adopt an Ordinance of the Estero Municipal Improvement Board of Directors to Add a New Chapter 8.90, Water Neutrality Growth, Within Title 8, Water and Sewer Service, of the Estero Municipal Improvement District Code and Finding the Approval of the Ordinance Exempt From the California Environmental Quality Act (CEQA) Pursuant to Guideline Section 15307
8.
REPORTS
   
8.1.
City Council Vision and Mission Statement and Goals for 2023
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
8.2.
Audit Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
9.
ORDINANCES FOR INTRODUCTION
   
9.1.
An Ordinance of the City of Foster City Amending Section 12.40.080 Permit—Renewal, of Chapter 12.40 Work Within Public Places, of Title 12 Public Property of the Foster City Municipal Code to Set the Fee by Council Resolution 
a) Staff Report
b) Action -
      i) Introduce Ordinance by title only, by motion waive further reading
     ii) By motion, adopt ordinance 
10.
RESOLUTIONS FOR ADOPTION
   
10.1.
A Resolution of the City of Foster City Renewing Ordinance No. 647 Regarding Police Department Acquisition and Use of Military Equipment Pursuant to Assembly Bill 481 and Government Code Section 7070 Et Seq. And Approving the Military Equipment Use Policy
a) Staff Report
b) Action – Adopt Resolution
11.
COMMUNICATIONS
   
11.1.
City/District Warrants of Demands were Processed and Issued on April 13, 2023
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 — Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: (Foster City Marina, LLC v. City of Foster City et al. San Mateo Superior Court Case No. 22-CIV-03526)
13.2.
Conference with Labor Negotiators (Government Code Section 54957.6)
Agency designated representative: Julie Paping and Stefan Chatwin
Employee Organizations: POA, AFSCME, and Management Group
13.3.
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) 286-3250 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.

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