Loading...
HomeMy WebLinkAboutMinutes 2013-04-10SO�SH SANA H U O c`ILIFORN�P CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Lead by Mayor Gonzalez. PRESENTATIONS MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, APRIL 10, 2013 7:00 P.M. TIME: 7:05 pm PRESENT: Councilmembers Addiego, Garbarino, Gupta, Mayor Pro Tem Matsumoto and Mayor Gonzalez. ABSENT: None. Presentation on the Realignment Update in San Mateo County by District Attorney Steve Wagstaff. District Attorney ( "DA ") Steve Wagstaff was present to give realignment update for San Mateo County. The Realignment program was established in 2011 to address the overcrowding issues in the state prison system. Under realignment, those convicted of non - serious offenses could not be sent to state prison unless they had certain prior convictions. These offenders would now be dealt with at the county level. Realignment allows for a person to receive a full sentence or a split sentence, meaning part of the sentence is served in county jail and part of the sentence is under supervision with additional services. DA Wagstaff reported San Mateo County was without peers in terms of embracing realignment. Since coming into effect, 386 people who would have gone to prison have been kept local and sent to local jail. Approximately two- thirds of the county's realignment population has received the services necessary to break the cycle of criminality. 241 of 386 have been given a split sentence with some jail time and some supervision. DA Wagstaff believed if help was not provided, then people would remain in the criminal justice system. Though the county has embraced realignment, its reputation for being charging prosecutors has not diminished. It was important to convey this fact in order to maintain the level of safety that San Mateo County currently enjoys. DA Wagstaff gave an example where a misdemeanor case involving a replica gun was prosecuted to illustrate how this county cares about quality of life crimes. San Mateo County has the second lowest crime rate in the state and it is because of its policy of prosecution. Support also played a key role in keeping the community safe, and San Mateo County has the resources needed to make the system work properly. Though there has been a recent increase in burglaries and theft, the correlation between realignment and the increase is still unknown. Lastly, DA Wagstaff wanted to applaud Council and the City for its recent adoption of an ordinance requiring identification for hotel guest registration. He noted that South San Francisco was not just doing a good job, but doing the best job countywide in the efforts to reduce human trafficking. He knows of the difference made first hand and wanted to commend the City in its efforts. Mayor Gonzalez thanked DA Wagstaff for speaking and allowing people in the community to connect with the District Attorneys' Office. • North County Gun Buyback Program presented by Chief Mike Massoni. Chief of Police Mike Massoni provided information about the North County Gun buyback program on Saturday, April 13, 2013 at the North County Courthouse located at 1050 Mission Road. The program would run between 9:00 a.m. and 12:00 p.m. and was being co- sponsored by Congresswoman Speier. Law enforcement would be present to deal with traffic control and safety issues. Chief Massoni asked participants to please have all weapons unloaded and transported in the trunk of your vehicle. Mayor Pro Tern Matsumoto was aware that South San Francisco had been asked to contribute $10,000 to the program. She understood each city was asked to contribute some amount and asked if these amounts were based on population. Chief Massoni confirmed that each city was asked to contribute what they could. He was not sure how much the City had contributed but could provide that information in a follow up memo. Mayor Pro Tern noted the event was for residents only but wondered how that could be verified if there were to be "no questions asked." She also expressed concern about buying "junk" weapons or abetting in the destruction of potential evidence. Chief Massoni responded information would not be recorded, but proof of residency was required. Regarding "junk" weapons, the Chief stated an officer would be present to evaluate each weapon. He noted the majority of weapons turned over were worth more than the $100.00 offered. Most want to get rid of a weapon they inherited in someway. As for the potential destruction of evidence, serial numbers would be run and if a weapon was identified as potential evidence than the proper investigation would be done. Mayor Pro Tern Matsumoto stated she was not in favor of public funds being used in this manner and suggested the City advertise that its Police Department does this all of the time. Chief Massoni noted that all weapons turned in to the police department were destroyed. Councilmember Addiego felt that it was worth it to him if just one weapon from this community was returned that would have otherwise contributed to tragedy. REGULAR CITY COUNCIL MEETING APRIL 10, 2013 MINUTES PAGE 2 National Library Week Proclamation accepted by Robert Turnberg, President, Library Board of Trustees. Mayor Pro Tern Matsumoto presented the proclamation to Library Board of Trustees President, Robert Turnberg. She also took the opportunity to ask staff to highlight the Small Science Workshops that were being done at the library. Project Read Program Manager Holly Fulghum- Nutters described the workshops as hands -on experiments for third to fifth grade students. Hope was for the program to continue on through the summer in association with the Parkway Summer Program and for the addition of a Robotics program. Funding for the Workshops had been provided through STEM grants, awarded by San Mateo County's Workforce Development Group. Mr. Turnberg thanked Council for its support for the library and for their participation in events and activities. Mr. Turnberg invited all to visit the library during National Library week. • Commendation to Ken Anderson, Sr. presented by Chief Philip White. Chief Phil White presented the commendation to Ken Anderson for the many contributions he has made to the City's Disaster Preparedness Program. Some of Ken's many accomplishments include: being one of 32 people who have completed the Federal Emergency Management Agency's ( "FEMA ") Emergency Management Institute program and the only person in the state of California to receive their certification, helming the City's Community Emergency Response Team ( "CERT ") comprised of over 100 volunteers and cumulatively completing over 7000 volunteer hours, playing a lead role in the Urban Shield exercise, leading the CERT team in its participation of San Mateo County's CERT drill, and having over 20 active ham radio operators on CERT. Lastly, as a native South San Franciscan, Chief White characterized Ken as the quintessential "local kid does well." Ken Anderson thanked Chief White and Council for the many opportunities to serve this community. As a native, he takes special interest in protecting his family and the families of his friends. Mayors Day of Recognition for National Service accepted by Deborah Owdom, Program Coordinator, Retired Senior Volunteer Program of San Mateo and Northern Santa Clara Counties. Mayor Gonzalez presented the proclamation to Deborah Owdom, Program Coordinator, Retired Senior Volunteer Program of San Mateo and Northern Santa Clara Counties. Ms. Owdom thanked Council and highlighted some of the volunteer programs available such as the Retired Senior Volunteer Program ( "RSVP "), Americorp, Volunteers in Service to America ( "VISTA "), Senior Corp, and the Foster parent and Senior Companion programs. Programs like RSVP are great opportunities to show that older adults can be providers of service, not just recipients and capture the skills and experience of our older community members. South San Francisco currently has 103 active RSVP members and in 2012, completed over 21,000 volunteer hours, the equivalent to $516,315.00 of value to non - profit organizations in our community. REGULAR CITY COUNCIL MEETING APRIL 10, 2013 MINUTES PAGE 3 AGENDA REVIEW No changes. PUBLIC COMMENTS Pastor Gary Smith said a prayer for the benefit of City Council and the residents of South San Francisco, asking for a time of unparalleled prosperity. ITEMS FROM COUNCIL • Announcements. • Committee Reports. Councilmember Gupta announced San Mateo County would be holding a Public Forum on the Community Action Agency and Action Plan on Thursday, April 18 at 6:00 p.m. in the Butterfly Room of the Municipal Services Building. This event allows residents to discuss low income housing needs in the community. For more information please call (650)802 -5083. Coucilmember Garbarino reported on his attendance of an open house event with Assembly members Hill and Mullin during which he discussed the lack of support given by the state to the Annual Bio Conference. Comparatively, the California Pavilion is one of the poorest looking pavilions. With life sciences being one of the hugest industries in the state, Councilmember Garbarino felt California's showing should have been much better. Assemblyman Mullin stated he would meet with the Governor's and the Economic Development Department staff to get a representative to attend in the future and will place the matter high on his priority list. The report out of the League of California Cities meeting included talk of extending SB7 to include charter cities. SB7 requires the payment of prevailing wage. Also discussed was a Homeless Bill of Rights out of San Francisco, the state's $2.5 billion surplus for fiscal year 2015 -2016, and efforts at the federal level to limit the tax exemptions for municipal bonds. Lastly Councilmember Garbarino requested tonight's meeting be adjourned in memory of Anthony Rossi. A personal tragedy for him, Councilmember Garbarino knew Mr. Rossi since birth and counted his parents as childhood friends. Councilmember Addiego concurred with Councilmember Garbarino's assessment of the state's showing at past Bio Conferences and note he and the Mayor Pro Tern would be attending this years event. He requested tonight's meeting be adjourned in memory of Colma resident, Elio A. Fontana. Mr. Fontana had served San Mateo County as a member of numerous Boards and Committees including: the Jefferson Union High School District Board, the San Mateo Community College Board of Trustees, the San Mateo County Board of Education and the San Mateo County Grand Jury among others. He reported on his attendance of the preview reception for the San Francisco Exploratorium and mentioned the Mayor's push to have WETA include the location as a destination for ferry rides originating out of the South San Francisco ferry terminal. He hoped this would come to fruition as it would be a wonderful science experience for the City's schoolchildren. Also reported on were meetings with Marco Durazo of the Peninsula Conflict Resolution Center, and with the Executive Director of Sustainable San Mateo County and the Program Manager with Housing Leadership Council. A request for the City's continued commitment to affordable housing was made and Councilmember Addiego felt this may be a REGULAR CITY COUNCIL MEETING APRIL 10, 2013 MINUTES PAGE 4 topic worthy of a study session. Upcoming events included Affordable Housing Week beginning May 4 and culminating with the grand opening of 636 El Camino Real. On the evening of Tuesday, May 7 a Healthy Communities Forum would be facilitated by the Leadership Council, San Mateo Health System and the Sierra Club with one of the topics being healthy, livable downtowns and local jobs. Mayor Pro Tem Matsumoto asked if the request regarding affordable housing was in addition to commitments made to HEART. Councilmember Addiego was unsure, but noted it as an outgrowth from the dissolution for the Redevelopment Agency and found the topic worthy of a study session. Mayor Pro Tem Matsumoto noted her attendance of the Fourth Annual Jazz by the Bay event and was pleased to say it was the best yet. She thanked Fire Chief White for initiating this event and thanked staff /volunteers Donna Ochoa, Elaine Garbarino and Fire Marshall De Silva for their hard work. Proceeds go to fund the City's community outreach programs including those that serve the USO and at risk seniors and children. Also reported was her attendance of the Transit Authority meeting, where there was a call for projects regarding grade separations. She announced SamTrans route 292 would be saved and would be going before the board for formalization soon. The City's newest Parks and Recreation Commissioner, William Lock, was appointed to the SamTrans Citizen Community Advisory Board. Mayor Pro Tem Matsumoto announced these upcoming events: the Retirement of Chief Phil White and transition ceremony will be held on April 30 at Fire Station 61 at 10:00 a.m. and the public is invited to attend; she and Councilmember Gupta will be hosting a program called Safety First on Wednesday, May 15 at 6:30 p.m. This event will be held in Council Chambers at the Municipal Services Building in an effort to inform citizens on ways to reduce and eliminate crime. Mayor Gonzalez reported the installation of the new Police Athletic League ( "PAL ") officers Judy Bush and Flor Nicholas and urged the community to support the league by attending some of their events. Beginning on April 22, stores will no longer offer plastic bags. Please bring your reusable shopping bags to carry your purchases or you will be charged a fee for paper bags. Mayor Gonzalez noted the traffic congestion which sometimes occurs at Miller and Walnut due to funeral or church services. He thought perhaps a one use parking permit, similar to those issued at Skyline College events, could solve this problem and requested staff communicate with the churches on this matter. The Mayor noted he had attended the Annual Bio Conference in Boston and like Councilmember Garbarino, felt the showing by California was quite poor. Other events recently attended included the Sitike Counseling Center's 25th Anniversary celebration and the Mayor's breakfast in San Mateo, where this year the focus was on finding employment for youth with special needs. Mayor Gonzalez was pleased read a letter of commendation from El Camino High School regarding the excellent handling of an awkward situation by Corporal James Portolan. WETA will be receiveing additional funding for two years for the purpose of promoting ridership. Also, new routes will be added from the South San Francisco ferry terminal including the addition of one more trip on weekdays and the addition of a Friday, noon time trip to San Francisco and a Wednesday, noon time trip to Jack London Square. Also in an effor to promote ridership, they intend on sponsoring boat rides for school children and Boys and Girls Club members. REGULAR CITY COUNCIL MEETING APRIL 10, 2013 MINUTES PAGE 5 • Amendments to the League of California Cities Bylaws. City Attorney Steve Mattas read the proposed amendments; (1) Resolutions submitted to league for presentation to the general assembly would have to be submitted by five cities or representatives of five cities and (2) If the League Board were to take a position on a statewide ballot measure, it would require a 2/3 vote of the board as opposed to the current simple majority requirement. Mayor Pro Tern Matsumoto asked if there were current stipulations requiring a certain number of cities bring an item forward to the General Assembly. Councilmember Garbarino stated currently only one city was needed. Mayor Pro Tem Matsumoto asked why the change from a simple majority to a 2/3 vote was being proposed. She expressed concern about equitability and used an issue involving CCAG as an example of where something like this could come into play. Attorney Mattas referred to the cover letter, which stated the desire for the Board's decision to represent a broad consensus as they would presumably be endorsing or opposing a measure. He noted the proportional weighted voting would not be an issue with the League Board. Councilmember Addiego saw this as a way to bring harmony to the Board. Motion - Councilmember Garbarino /Second - Councilmember Addiego: to approve proposed amendment number one. Unanimously approved by voice vote. Motion - Councilmember Garbarino /Second - Councilmember Addiego: to approve proposed amendment number two. Unanimously approved by voice vote. • Update on Community Coalition Initiatives by the Peninsula Conflict Resolution Center. Item not heard as representative was not present. City Manager Nagel stated he would contact them about rescheduling for a future meeting. CONSENT CALENDAR Motion to approve the Minutes of the Meetings of March 20, 2013 and March 27, 2013. 2. Motion confirming payment registers for April 10, 2013. 3. Resolution approving 8th amendment to contract with City Manager Barry M. Nagel. 4. Motion to accept the 2012 Street Rehabilitation Project (Project No. st1201) as complete in accordance with the plans and specifications. 5. Motion to accept the South San Francisco Regional Gap Closure Project, Federal Project No. CML- 5177(027) (Project No. trl l l l) as complete in accordance with the plans and specifications. REGULAR CITY COUNCIL MEETING APRIL 10, 2013 MINUTES PAGE 6 6. Resolution awarding a Consulting Services Agreement to MIG, Inc of Berkeley, California, for the Four Parks Playground Renovation Project in an amount not to exceed $69,778. 7. Resolution accepting the assignment of a commercial master lease for 636 El Camino Real property. 8. Resolution authorizing the acceptance of $11, 952 to support Project Read Services and amending the Library Department's 2012 -2013 operating budget. 9. Resolution authorizing the purchase of a replacement Radio Dispatch Console System in an amount not to exceed $186,947.77; authorizing an amendment to the Consulting Services Agreement with Telecommunications Engineering Associates (TEA). 10. Resolution requesting support and commitment of the San Mateo County Transportation Authority and Caltrain Joint Powers Board to fund improvements necessary to eliminate the hold out rule at the South San Francisco Caltrain Station. Council requested discussion on consent calendar items 2,4,5,9 and 10. Motion - Councilmember Garbarino /Second - Councilmember Addiego: to approve consent calendar items 1,3,6,7 and 8. Unanimously approved by voice vote. Item 2: Mayor Pro Tern Matsumoto requested clarification as to the type of emergency work needed under Economic and Community Development for $85,700.00 on rental property on Miller Avenue. Assistant City Manager Marty Van Duyn stated it was to repair residual damages caused by a gas leak, paid through the housing funds. Item 4: Mayor Pro Tern Matsumoto gave kudos the Public Works staff for a job well done, noting the project came in at $155,543.00 under projected costs. She asked Director White if $500,000.00 per 2 miles was the going rate. Public Works Director Terry White explained how each project brought with it different nuances that influence price. You can put cost per mile, but that only brings you to an estimate in a bidding range. In this case we estimated quantities; they used less so we paid less. Item 5: Mayor Pro Tem Matsumoto requested a ride along to view the improvement sites as she sits on both BPAC and CCAG. Item 9: Mayor Pro Tern Matsumoto sought clarification as to whether or not the replacement dispactch system would be installed by our usual contractor. Chief Masson responded yes. Item 10: Mayor Pro Tern Matsumoto requested Director White to explain the item in greater detail as it was a critical matter. REGULAR CITY COUNCIL MEETING APRIL 10, 2013 MINUTES PAGE 7 Director White explained that within the Caltrain system, only three stations have the holdout rule; Broadway /Burlingame station, the Atherton station and the South San Francisco station. The hold out rule states if there is a passenger train stopped at the station, no other train can pass on any track. Communication is made through radio or headlight signals, so if two trains are approaching at the same time, one lets the other pass. On August 24, 2012 a violation of the rule occurred. The Town of Atherton took the initiative to pass a resolution urging Caltrain, the JPB and the TA to fund studies and whatever else it would take to eliminate the hold out rule. South San Francisco and Broadway /Burlingame stations were included in the resolution. For South San Francisco that essentially means a new station would need to be built as the sidewalks currently there do not qualify as platforms. If you have proper platforms, passengers are protected and then you can eliminate the hold out rule. By passing the resolution you are letting the Board know your concerns and that you have not forgotten your plans. Through his discussions with Caltrain staff, he has come to understand that political actions, such as passing a resolution, help the Board in making their decisions. He noted however, this did not mean next year's Caltrain budget would include funds for a new station, but they could revisit the original plans drawn up in 2006 and see how high speed rail has affected them, then update as needed. Director White had intentions on seeking further support from Assembly members and even Congress to back Council's support. Hopefully this will encourage the Board to adopt a budget that is moving towards improving the safety issues that are at the South San Francisco station and eliminate the hold out rule. Councilmember Gupta wanted to add his support, but asked the Mayor Pro Tern if she would like to add anything further to the resolution. Mayor Pro Tern stated she did not. Motion - Mayor Pro Tern Matsumoto /Second - Councilmember Garbarino: to approve consent calendar items 2,4,5,9 and 10. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 11. Resolution Accepting the 2011 -12 Year End Financial Statements. Finance Director Jim Steele presented staff report and accompanying power point. He noted one exception to the presentation, being that there would be a single audit for better compliance with federal grant reporting requirements. Motion: Councilmember Addigeo /Second - Councilmember Gupta: to approve Resolution No. 34 -2013. Unanimously approved by voice vote. 12. Resolution authorizing the City Manager to execute a CDBG grant agreement for the Boys & Girls Club, located at 201 W. Orange Avenue, in an amount not to exceed $29,000 for the mold abatement and demolition of a failed exterior wall and roof damaged by water intrusion. Mayor Gonzalez recused himself from the discussion and left Council Chambers for its duration. REGULAR CITY COUNCIL MEETING APRIL 10, 2013 MINUTES PAGE 8 Housing and Redevelopment Manager Norma Fragoso briefly summarized the staff report and noted Executive Director Sharon Dolan was present to answer questions. Councilmember Garbarino asked if the Boys and Girls Club had a building fund and if the funds from their Bingo games went directly to programs. Director Dolan responded they did not and that funds from bingo went towards programs. The operating budget was approximately $1.2 million and bingo was approximately $450,000.00. Councilmember Gupta expressed concern about the findings and questioned if the rest of the building had been inspected for similar weaknesses. Ms. Dolan responded it had not. She explained the problem occurred around a particular drain area and it appears to be localized. The building inspector has been there and the contractor removed sheet rock until they did not see any more moisture. Councilmember Addiego noted that during the storms he was still on the Board and had met with the contractors and Ms. Dolan. He explained the damage occurred not over just one winter, but many and described how the original leak became exasperated. Mayor Pro Tern Matsumoto asked how old the building was and reviewed the loan amounts thus far. The potential of loaning approximately $175,000.00 to fix a localized issue when the rest of the condition of the building was unknown concerned her. She noted termites and the failure to contain mold as being additional concerns. Director Dolan stated the building was approximately 50 years old. The termites would be taken care of and no additional mold had been found in other parts of the building. Councilmember Addiego found these to be typical issues when dealing with a property that is over 50 years old. Ms. Fragoso explained the requirements of the building inspector and the assumption that the issue was soley with that wall and probably not the rest of the building that is effected. Mayor Pro Tern noted there was a speaker card and invited the speaker to the podium. Resident Mike Harris was in agreement with Mayor Pro Tern in regards to getting the whole picture and was currently dealing with a similar situation with his own property. Councilmember Garbarino's greatest concern was the presence of mold. From that standpoint he was willing to give them what they needed to fix the issues and hoped that would be all that was needed. Councilmember Gupta concurred and asked that the next request include an inspection of the entire property. Assistant City Manager Van Duyn noted none of this had gone unnoticed by the building department as they had done a complete inspection and would do so again. Staff would assist Ms. Dolan in examining the building as best they could, but short of peeling off all of the walls, REGULAR CITY COUNCIL MEETING APRIL 10, 2013 MINUTES PAGE 9 there would be no way to assure a complete absence of any issues. It was important to recognize the building was older and in a flood zone. That being said, there are some expected problems that will occur not uncommon with some of the buildings we owned by the City. Mayor Pro Tem Matsumoto stressed that this was not about the services provided at the Boys and Girls Club, but about practicing a little more due diligence to ensure there would be no need for further corrections. Councilmember Addiego found the described inspection procedure to be reasonable. Assistant City Manager Van Duyn wanted to clarify that this was not a City owned building, the issues were noticed and Director Dolan asked for assistance to fix them. The City appreciates the services provided and using CDBG funds to fix the problems is a completely legitimate expenditure. This was a health issue which is why the emergency funds were provided. Irrespective of the condition of the building, the conditions of the people that use the building were the real concern. Staff will do their best to examine the building in every way it can and would be more than happy to report on the progress. Councilmember Garbarino made the suggestion that during their next budgeting process, Director Dolan put an item regarding mold inspection. If they will be coming back for more money, that is something he wants to see. Mayor Pro Tem Matsumoto explained the changes she wanted to see made to the language of the contract, namely the item that describes a matching of funds. It should be noted the City is paying the entire amount, with no matching funds from the club. Best practices and greater detail must be provided with their next request. Councilmember Addiego understood the finances of the club and while they could probably locate matching funds somewhere within the budget, they would not be able to do so without making some difficult decisions about keeping satellite sites open. Ms. Fragoso agreed to make the changes per the Mayor Pro Tern's direction. Councilmember Gupta proposed to consider a motion with suggested changes. Attorney Mattas stated he would work with Ms. Fragoso to make the requested changes and add an inspection requirement. Motion - Councilmember Gupta/Second - Councilmember Garbarino: Reso -2013 passed by the following vote: AYES: Councilmembers Addiego, Garbarino and Gupta, Mayor Pro Tem Matsumoto; NOES: None; ABSTAIN: Mayor Gonzalez; ABSENT: None. Mayor Gonzalez returned to the dais for the remaining items. 13. Discussion related to the vacancy (term ending 12/31/2014) on the Parks and Recreation Commission created by appointment of Aleksandr ( "Alex ") Khalfin to the Planning Commission; Consideration of motion to appoint an applicant to the Parks and Recreation Commission for a term to expire December 31, 2014; or direction to staff regarding process for filling the vacancy, including scheduling of a formal recruitment; and/or finding an REGULAR CITY COUNCIL MEETING APR1L 10, 2013 MINUTES PAGE 10 emergency such that appointment of an acting Commissioner is required. Deputy City Clerk Anna Brown gave a brief overview of the options available for appointing a replacement for former Parks and Recreation Commission Aleksandr Khlafin. After discussion, Council decided to proceed with a vote for a replacement commissioner. Motion - Councilmember Garbarino /Second - Mayor Pro Tern Matsumoto: to appoint Betty A. Battaglia to the Parks and Recreation Commission for a term to expire on December 31, 2014. Unanimously approved by voice vote. COMMUNITY FORUM Mayor Gonzalez announced April as Child Abuse Prevention Month. ADJOURNMENT Being no further business, Mayor Gonzalez adjourned the meeting at 9:19 pm in honor of Anthony Rossi and Elio A. Fontana. Submitted: at)'a TA7L-'-� Anna M. Brown Deputy City Clerk, City of South San Francisco REGULAR CITY COUNCIL MEETING MINUTES Approved: yf'4� i Pedro Gonzalez Mayor, City of South San Francisco APRIL 10, 2013 PAGE 11