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HomeMy WebLinkAboutMinutes 2013-10-23 (2)MINUTES SOUTH SA�y+r� CITY COUNCIL CITY OF SOUTH SAN FRANCISCO �4QFQTL REGULAR MEETING MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, OCTOBER 23, 2013 7:00 P.M. CALL TO ORDER Time: 7:09 P.M. ROLL CALL Present: Councilmembers Addiego, Garbarino and Gupta, Mayor Pro Tern Matsumoto and Mayor Gonzalez PLEDGE OF ALLEGIANCE Led by: Mayor Gonzalez PRESENTATIONS -Halloween Safety Presentation presented by Deputy Fire Chief Travis Nuckolls. Deputy Chief Nuckolls outlined Halloween Safety tips which included the use of LED tea lights rather than candles, safe costume characteristics, and the use of flashlights and glow sticks. In keeping with the City's wellness policy, Deputy Chief Nuckolls advised limiting candy consumption and advised practicing the "stop, drop and roll" techniques. Mayor Gonzalez requested the presentation be run on the City's PEG channel. -Update from PG &E Government Relations Representative, Scott Hart, PG &E Government Relations Representative, Scott Hart presented an update the on pipeline replacement program for line 132. Testing standards, project area, timelines for start/completion dates, and customer outreach efforts were outlined for both the Northern and Southern parts of the project. Mr. Hart also urged residents to call 811 before they dig, as third party digs are the number one threat to pipeline safety. Mayor Pro Tern. Matsumoto requested Mr. Hart's presentation be made available on the City's website. Speaking as a resident, the Mayor Pro Tern expressed her appreciation for the automated calls conducted by PG &E. CounciImember Addiego thanked Mr. Hart for his efforts and for going above and beyond. Councilmember Gupta sought reassurance that all of the construction was being done for the purpose of improving the system and its safety. He questioned if potential dangers in the meantime had been properly addressed. Mr. Hart stated there were no issues with the system at the moment; it was simply being upgraded to the latest, state of the art pipeline. Councilmember Garbarino wanted to make sure the business owners on Mission Road would be given proper notification and have limited impact as the work recently completed caused a disturbance in their business operations. He asked that everything possible be done not to inhibit their businesses. Mr. Hart noted Mission Road businesses as being the first on his list for outreach, and that he had assigned a Customer Impact Specialist to conduct door to door outreach. Mayor Gonzalez thanked Mr. Hart for being available to provide this update. AGENDA REVIEW City Manager Nagel advised action for item 12 would take place after closed session. He also noted Item 13 was tied to closed session item 14. If Council wished, action could take place prior to or after closed session, depending on whether or not there were questions. PUBLIC COMMENTS Kamala Silva Wolfe was present along with a group of concemed stakeholders to address some areas of concern that have been documented regarding the City's parks, facilities and playing fields. The "Coalition of Coaches" included Richardo Ortega, Kathy Meza and Joe Freitas. Each spoke about the impact the condition of the fields had on them personally and on the community as a whole. Mrs. Silva Wolfe noted the importance of supporting the City's youth and their ability to participate in sports activities. She requested that Council consider placing an item on the agenda in January as to further discuss the steps that could be taken to address the issues. Council thanked the group for presenting their concerns. As the City emerges from more difficult times that required difficult budget decisions, Council was willing to take responsibility for where things currently stood but noted their commitment to addressing the community's needs. Judy Bush spoke on the new district boundary lines and thanked those involved in the process. She gave special thanks and acknowledgement to Mayor Pro Tern Matsumoto who, with the help of City staff, Council and other community members, spent many hours focusing on the best interest of South San Francisco residents. As a result of her work, South San Francisco fared well with the approved map. On behalf of the many of us who attended the meetings and followed the process, she thanked the Mayor Pro Tem for always looking out for South San Francisco. REGULAR CITY COUNCIL MEETING OCTOBER 23, 2013 MINUTES PAGE 2 Anthony Valdez, Legislative Aide for Supervisor Tissier provided an update on current events including the Supervisorial Redistricting Mapping process, the Seniors on the Move Conference occurring on Monday, November 4 at the San Mateo County Events Center and the San Mateo County Children's Fund. For those who wish to contribute, they can pick up tags containing a child's holiday wish, donate a new unwrapped toy, or volunteer at the Holiday Central located at 550 Corey Rd, 2nd Floor in San Carlos. For more information contact the Children's Fund at by email at smchsa.org or by phone at (650)802 -5152. Lastly, Mr. Valdez noted the work Sup. Tissier's has done with Second Harvest Food Bank. Forms and resource lists were left for those interested. Mayor Pro Tern Matsumoto asked that Mr. Valdez convey thanks to Sup. Tissier for her assistance throughout the redistricting process and for the grant funding awarded to the library. She also added that all funds received by the Children's Fund goes directly to services, there is no overhead. Mayor Gonzalez expressed gratitude for all the work done by the Supervisors during the redistricting process. ITEMS FROM COUNCIL • Announcements. • Committee Reports. Councilmembers reported on attendance at community meetings and events: the Congestion Management Environmental Quality (CMEQ) meeting, Supervisorial Redistricting meetings, the Parks and Recreation Department's Halloween Extravaganza, a meeting of the City /County Association of Governments, and the HEART Association meeting. The following upcoming events were noted: soft opening of Phil'z Coffee in Westborough Square on October 24 from 1:00 p.m. to 3:00 p.m.; library volunteer recognition event on October 24 at 11:00 a.m. at the Orange Library; Free pumpkins and pumpkin carving event for ages 10 and up at the Orange Library on October 25; Project Read Trivia Challenge fundraiser on November 1; Holiday Champagne brunch and boutique at the Plymire- Schwartz House on November 2, from 1:00 to 4:00 p.m.; the Police Athletics League dinner and dance on November 15, at 6:00 p.m. at the Elks Lodge; Santa Clause is Coming to Town on Saturday, December 7, 11:00 a.m. to 3:00 p.m. at City Hall; Councilmember Addiego took the opportunity to thank City Manager Barry Nagel and Assistant City Manager/Economic and Community Development Director Marty Van Duyn for all of the work they have done on behalf of the City. He made specific note of Assistant City Manager Van Duyn's guidance, direction and instrumental influence in building the strongest biotech and life- science industry in the nation and perhaps beyond. As a result of his good works, Assistant City Manager Van Duyn received the Bay Bio Pantheon award in 2008, a recognition the City is very proud of. Councilmember Addiego expressed his gratitude for all that Assistant City Manager Van Duyn had brought to the City and wished him well in his retirement. Mayor Pro Tern Matsumoto also expressed her gratitude for Assistant City Manager Van Duyn, noting that under his direction, the City had the strongest Redevelopment Agency in the county, REGULAR CITY COUNCIL MEETING OCTOBER 23, 2013 MINUTES PAGE 3 providing the school district with the over $12 million in increased revenue. See was hopeful the positive direction would continue, given the tracks laid by Assistant City Manager Van Duyn. Mayor Gonzalez added his thanks and appreciation for the City Manager and Assistant City Manager, stating that between the two of them, they were the right choices for the right positions. Grant opportunities of up to $1 million were announced for transportation and bicycle /pedestrian projects with a deadline of January 31. • Motion to reappoint Christopher Cairo to the San Mateo County Mosquito and Vector Control District for a term ending December 31, 2017. Motion - Councilmember Addigeo /Second - Councilmember Garbarino: to reappoint Christopher Cairo to the San Mateo County Mosquito and Vector Control District for a term ending December 31, 2017. Unanimously approved by voice vote. CONSENT CALENDAR Motion to approve the minutes of the meetings of August 5, 2013, August 7, 2013, August 21, 2013, September 17, 2013 and September 25, 2013. 2. Motion confirming payment registers for October 23, 2013. 3. Resolution amending the Memorandum of Understanding for the Operating Engineers and adoption of salary schedules. 4. Resolution authorizing the acceptance of $40,000 in grant funding from the Silicon Valley Community Foundation to support Project Read's Financial Well -being program and amending the Library Department's 2013/2014 operating budget. 5. Resolution approving a Funding Agreement with the San Mateo County Transit District for preparation of a Project Study Report/Project Development Study for the Grand Boulevard Initiative Complete Streets Project. 6. Resolution approving the submittal of an application for the State's 2013 "Urban Greening Program Grant" to fund new street trees, rain gardens and median landscaping along El Camino Real between Arroyo Drive and Kaiser Way. 7. Resolution approving the submittal of the Grand Boulevard Initiative Complete Streets Project application. Councilmember Gupta requested discussion on items 5, 6 and 7. Motion: Councilmember Garbarino /Second - Councilmember Addiego: to approve Consent Calendar Items 1 -4. Unanimously approved by voice vote. REGULAR CITY COUNCIL MEETING OCTOBER 23, 2013 MINUTES PAGE 4 Councilmember Gupta pulled the items to note his initial confusion about the items as they were all related to El Camino Avenue area, but after speaking with the City Manager and receiving an additional diagram, the issue had been clarified. He wanted to thank staff for the additional information. Motion: Councilmember Gupta/Second - Councilmember Garbarino: to approve Consent Calendar items 5 -7. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 8. "Centennial Village" Safeway Shopping Center Shamain Partnership /Owner WT Mitchell Group, Inc, /Applicant 180 El Camino Real (APN014 -183 -110) P11 -0065: UP11 -0006, DR11 -0019, TDM13- 0001, ND 12-0004 and DA13 -0002 Resolutions recornmending that the City Council adopt the Initial Study and Mitigated Negative Declaration (ND12 -0004) and Approve Planning Project P11- 0065:UP11 -0006, DRI 1 -0019, TDM13 -0001 and DA13 -0002 in accordance with the SSFMC Chapters 19, 20.090,20.300, 20.330, 20.350, 20.400, 20.440, 20.450, 20.460, 20.480 & 20.490. Associate Planner Billy Gross presented staff report highlighting the project plans and specifications. This item had previously been discussed at the September 11 and September 25 City Council meetings. At this time, there were no changes to the project as submitted on September 25. Mayor Gonzalez reopened the Public Hearing at 8:26 p.m. Bill Nack was present to speak on behalf of the Building Trades Council of San Mateo County and local union labor representatives who were present. Mr. Knack reported he could not support the project, as the developer was not willing to provide union or prevailing wages, ensuring that the workers could afford to live in the community of South San Francisco and San Mateo County. Additionally, there was little assurance of a competitive bidding process and use of union apprentices. For these reasons, the project would not be supported by the Building Trades Council. Jason Meza, South San Francisco resident and member of Sheet Metal Workers Local 104 reiterated the developers stance on prevailing wage and use of state certified apprentices for the project and urged Council to reject the project in its entirety. Larry Andreatta, South San Francisco resident for 31 years and member of the Local Carpenters Unions noted how members of Council received endorsements from the various Labor Councils, which he used as a determining factor of who gets his vote. He asked that Council support local labor, as labor has supported a number of them. Steve Aranovsky reiterated his previous statements against the proposed project, REGULAR CITY COUNCIL MEETING OCTOBER 23, 2013 MINUTES PAGE 5 City Attorney Mattas advised Council that the representative for the developer, Mr. Bill Mitchell, should be allowed to speak since Public Hearing had been reopened. Mr. Mitchell thanked Council for considering the proposal, noting it as a culmination of over six years of work with City staff and over $1.3 million spent. The proposal made was one that he believed would create the most number of local, union jobs. Mr. Mitchell listed the local contractors included on the bid list, adding that many of the recent projects completed in the City had been done so by non -local contractors. Mr. Mitchell spoke on the merits of the project including increased sale and property taxes, union workers employed by Safeway and acting as the catalyst for further development of the El Camino Real and Grand Boulevard initiative. He hoped the project would be approved but was willing to accept Council's decision and remain committed to improving the shopping center. Mayor Pro Tern Matsumoto sought clarification as to whether or not prevailing wage was agreed Upon. Mr. Mitchell stated that millions of dollars of were being set aside for preferential bidding and added his belief that prevailing wage was artificial, and did not guarantee union or local contractor. Mayor Gonzalez closed the Public Hearing at 8:38 p.m. Council discussed issues and reservations they still had with the project, including: a lack of clarity and commitment regarding the development of housing, senior housing, and recreation facilities, housing density, quality of life issues, the length of the development agreement, and missed opportunities for greater economic development. Councilmembers felt the lack of commitment and level of cooperation from the developer left them negatively disposed. Based on these reasons, the consensus of Council was to vote no one the proposal. City Attorney Mattas advised Council there was not a resolution drafted to deny the proposal, but they could entertain a motion to direct staff to prepare a denial resolution and have it placed on the next agenda. Motion: Councilmember Garbarino /Second - Councilmember Addiego: to direct staff to prepare a denial resolution. Unanimously approved by voice vote. Meeting Recessed: 9:09 p.m. Meeting Resumed: Return 9:19 p.m. 9. Resolution approving a Community Development Block Grant ( "CDBG ") loan agreement between the City of South San Francisco and Mid - Peninsula Housing for the rehabilitation of the Sundial Apartments. REGULAR CITY COUNCIL MEETING OCTOBER 23, 2013 MINUTES PAGE 6 Community Development Specialist Alin Lancaster provided a staff report stating the only response for a bid to rehabilitate the Sundial Apartments, located at 222 -224 Grand Avenue, had been from Mid - Peninsula Housing ( "MidPen "). MidPen has requested a loan of CDBG funds to rehabilitate all eleven affordable studio apartment units and make additional exterior improvements to the units. Phases of the rehabilitation were outlined and terms of the loan were defined as accruing no interest and requiring no payments for a period of 55 years. The agreement further stipulated that rents would be affordable to low- income households, for a term of not less than 55 years. Community Development Specialist Lancaster also noted a previous 1989 loan would be reconveyed and incorporated into the current loan for simplification related to administrative or auditing purposes. Staff was recommending approval of the loan, believing that the overall appearance of the building would be enhanced and the lives of the residents would be improved. Helen Lee of MidPen was present to answer questions. Council had questions regarding the following items: potential tenant relocation during renovation, status of previous loans, input on selection of new tenants, possible mechanisms allowing for current city resident preference in tenant selection process, and whether or not the funding was a grant or a loan. Councilmembers also expressed concern over current city residents being priced out of their current homes and being forced to relocate to other cities; this was an issue that needed to be addressed. Specialist Lancaster stated relocation was not necessary as the renovations were mostly external aside from stove replacements. The previous loan balance would be combined with the current loan, making a total amount due of $239,000 in 55 years. Assistant City Manager Van Duyn clarified that a loan previously awarded to Buon Gusto had never been optioned and was removed from the Recognized Obligation Payment Schedule CROPS "). The previous loan to MidPen was a Redevelopment Loan and any repayment would go back into the Low to Moderate Housing fund. Specialist Lancaster explained the affordability of the units was set at or below 80% of poverty the level, which translated into $60,000 /year for a household of one. Additionally, CDBG complies with fair housing/non- discrimination requirements; she knew of no other requirement that could be put in place when selecting tenants and was unaware of MidPen's policy. However, she stated she would look into the matter further and provide Council with an update and to whether or specific language could be added to the agreement. City Attorney Mattas stated the indication was that there could not, but the matter would be researched further. Council noted it would be greatly appreciated if something could be done to assist residents first. Further discussion was had on the breakdown of cost related to the exterior painting and the amount of the loan for the new awning. Assistant City Manager Van Duyn noted small loans were often given for small commercial rehabilitation items, like new awnings. REGULAR CITY COUNCIL MEETING OCTOBER 23, 2013 MINUTES PAGE 7 Specialist Lancaster noted outreach materials were currently being revamped, so other business could be made aware of the assistance that was available to them. Regarding the pricing for the exterior paint, the amount was a rough estimate provided by MidPen's facilities at the preliminary stages and was not the final amount. She added that anything over the loan amount would be paid by MidPen. Council posed further questions regarding the regular maintenance of the building and whether or not these CDBG funds could be put towards rehabilitating City owned properties, the property on Miller Avenue for instance. Assistant City Manager Van Duyn stated they could, but noted there were also housing funds available for that purpose. MidPen representative Ms. Lee stated regular maintenance occurred on all of their buildings. For Sundial, a maintenance team member was on sight. Mayor Pro Tem Matsumoto sough clarification on Area Median Income ( "AMI ") restrictions versus the AMI of current residents. Ms. Lee stated the restriction is set at 80% but due to the size of the units, market demand was limited as to who was willing to reside there. Council expressed that even though filing the units with tenants meeting a lower AMI might fit with the MidPen philosophy, it may not necessarily fit the philosophy of the Council at this time. It was further suggested that the monies be diverted to other worthy projects, Lastly, the question on whether it was necessary to tie the two loans together was posed. Attorney Mattas explained how the funds could be allocated. Regarding the previous loan, it was more of a financing mechanism that was used to require affordable housing. Councilmember Addiego suggested Council move forward on the item and add it as a topic for further discussion for the Council retreat. Councilmember Gupta asked if the plans had been approved by the Design Review Board. Specialist Lancaster noted they had been approved on September 17, 2013. Motion. - Councilmember Addiego /Second - Councilmember Garbarino: to approve Resolution No. 113 - 2013. Unanimously approved by voice vote. 10. Resolution Amending the 2013 -14 Fire Department Operating Budget to fund consulting services needed to comply with Federal Ground Emergency Medical Transport (GEMT) Reporting Requirements and approving a contract with NBS. Finance Director Jim Steele presented the staff report explaining the legislation regarding reporting requirements that allowed for additional reimbursement from the state. He made REGULAR CITY COUNCIL MEETING OCTOBER 23, 2013 MINUTES PAGE 8 special acknowledgement of Management Analyst II, Christina Crosby, who took the lead on the project and followed the matter religiously. Mayor Pro Tern Matsumoto sought to clarify the purpose of the request. Director Steele explained this would allow the City to be reimbursed at a higher rate for the Medi -Cal transports. Analyst Crosby noted the study would figure the difference between the cost of transport and the Medi -Cal rate and allow that difference to be reimbursed. Councilmember Gupta questioned the timeline of the study. As he understood it, legislation was approved in October, 2011 and guidelines came out last month, leaving only one - and -a -half months to complete the study. Director Steele confirmed Councilmember Gupta's assessment. Motion -Councilmember Garbarino /Second - Mayor Pro Tern Matsumoto: to approve Resolution No. 114 -2013. Unanimously approved by voice vote. 11. Resolution amending the FY 2013 -14 Capital Improvement Program by appropriating an additional $550,000 from PG &E On -Bill Financing and $346,000 from general fund reserves for the HVAC Replacement at Various City Buildings project number pf1408; and authorize the City Manager to execute agreements with PG &E for the participation in 0% interest On -Bill Financing program. Public Works Management Analyst Justin Lovell presented the staff report which detailed staff s work with San Mateo County Energy Watch, a partnership between the City /County Association of Governments and Pacific Gas and Electric ( "PG &E "), to conduct energy audits at City facilities. As a result, San Mateo County Energy Watch recommended energy efficient retrofit measures, including HVAC replacement, at various city facilities and offered to provide assistance in applying for PG &E's On Bill Financing Program ( "OBF "). Analyst Lovell noted information on the project had been brought to Council during a previous study session on August 21. Anticipated savings were reported as $134,000 in energy cost savings for the general fund and $37,000 in maintenance costs savings in the first year. These savings would be used over the 10 -year period to pay off the financing. The project represents cost savings benefits as well as reductions in greenhouse gas emissions that would contribute to our 15% goal in the pending Climate Action Plan. Staff recommended City Council authorize the City Manager to execute the documents necessary to participate in the OBF program and appropriate sufficient funds to fully fund the project. Mayor Pro Tern Matsumoto asked how staff got to the savings of $134,000. As we go into the future, wouldn't electrical costs be reduced? Phil Boutelle, Energy Efficiency Engineer with Ecology Action explained how the calculation was made, which involves looking at the overall savings in a one year period. The savings is verified by PG &E and applied as the loan payment. REGULAR CITY COUNCIL MEETING OCTOBER 23, 2013 MINUTES PAGE 9 Discussion to clarify information on the financial aspects summarized the following: the City would front the money for the retrofits on a temporary term to be reimbursed by PG &E. There would be a line item on the PG &E bill that would go towards repayment of the financing. Savings would not be realized for the first seven (7) years and the City's PG &E bill would not be higher than what it currently was now. Motion - Councilmember Garbarino /Second - Councilmember Gupta: to approve Resolution No. 115 -2013. Unanimously approved by voice vote. 12. Approval of contract for recruitment services for the position of City Manager. (Firm to be identified following completion of interviews at October 23rd special City Council meeting.) City Attorney Mattas advised that after conducting interviews, it was appropriate for Council to entertain a motion to authorizing the City Manager to enter into an agreement with a recruiter of Council's choice, which was William Avery & Associates. Motion - Councilmember Addiego /Second - Councilmember Garbarino: to authorize an agreement with William Avery & Associates for the amount set forth in the proposal. Motion approved by the following vote: AYES: Councilmembers Addiego, Garbarino, and Gupta, and Mayor Gonzalez. NOES: Mayor Pro Tem Matsumoto. 13. Approval of Amendment No. 17 to contract between the City of South San Francisco and Meyers Nave pursuant to which Steve Mattas will provide Interim City Manager and Successor Agency Executive Director Services and Jason Rosenberg will provide Interim City Attorney Services and Robin Donoghue will provide Interim Successor Agency General Counsel services effective November 2, 2013. Mayor Pro Tem Matsumoto sought clarification as to why the contract is an amendment rather than a separate contract. In her opinion, this hindered transparency. City Manager Nagel stated Attorney Mattas was not acting as an individual and was still being contracted out through Meyers Nave, so it is an amendment allowing him to act in a different capacity. City Attorney Mattas stated it could have been done either way, but as it was done allows for the amendment to be repealed once the interim period ends. Mayor Pro Tem Matsumoto stated her preference for a separate amendment in the future. Motion - Councilmember Garbarino /Councilmember Gupta: to approve Resolution No. 116- 2013. Unanimously approved by voice vote. REGULAR CITY COUNCIL MEETING OCTOBER 23, 2013 MINUTES PAGE 10 14. Closed Session: Conference with Labor Negotiators {Pursuant to Government Code Section 54957.6} Agency Designated Representative: Barry Nagel Unrepresented Employees: Interim City Manager and Interim Assistant City Manager Time in Closed Session: 10:04 p.m. Time out of Closed Session: 11:15 p.m. Report out of Closed Session: No reportable action. COMMUNITY FORUM None. ADJOURNMENT Being no further business, Mayor Gonzalez adjourned the meeting at 11:21 p.m. Submitted: Anna M. Brown, Deputy City Clerk City of South San Francisco REGULAR CITY COUNCIL MEETING MINUTES Ap�roved: AKay atsumoto, Mayor City of South San Francisco OCTOBER 23, 2013 PAGE 11