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HomeMy WebLinkAboutMinutes 2014-01-08 @7:00WEDNESDAY, JANUARY 8, 2014 7:00 P.M. CALL TO ORDER TIME: 7:07 p.m. ROLL CALL PRESENT: Councilmembers Addiego, Gupta and Normandy, Vice Mayor Garbarino, and Mayor Matsumoto PLEDGE OF ALLEGIANCE PRESENTATIONS ABSENT: None. Led by Mayor Matsumoto • Proclamation adopting January, 2014 as Covered South San Francisco Month urging City residents contact Covered California and obtain healthcare coverage before the close of open enrollment on March 31, 2014. Certificate presented by Vice Mayor Garbarino and accepted by Interim Assistant City Manager Kathy Mount. AGENDA REVIEW Mayor Matsumoto provided direction for reorganizing the agenda. Her directions were as followed: Public Comments /Community Announcements followed by Council Comments/Requests and at the end of the meeting Community Reports and Announcements. PUBLIC COMMENTS /COMMUNITY ANNOUNCEMENTS Kate Comfort Harr, Executive Director of HIP Housing brought copies of their annual calendar that's illustrated by local school children. She also provided and update on HIP's statistics regarding their housing program, noting that South San Francisco is one of the cities they do the most work out of and that there was a satellite office at the Magnolia Senior Center. Mayor Matsumoto appreciated the information. Regarding the calendar, she asked if any South San Francisco students were represented. MINUTES �o�TH SAN�� CITY COUNCIL CITY OF SOUTH SAN FRANCISCO U O c9�P LIFO REGULAR MEETING MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, JANUARY 8, 2014 7:00 P.M. CALL TO ORDER TIME: 7:07 p.m. ROLL CALL PRESENT: Councilmembers Addiego, Gupta and Normandy, Vice Mayor Garbarino, and Mayor Matsumoto PLEDGE OF ALLEGIANCE PRESENTATIONS ABSENT: None. Led by Mayor Matsumoto • Proclamation adopting January, 2014 as Covered South San Francisco Month urging City residents contact Covered California and obtain healthcare coverage before the close of open enrollment on March 31, 2014. Certificate presented by Vice Mayor Garbarino and accepted by Interim Assistant City Manager Kathy Mount. AGENDA REVIEW Mayor Matsumoto provided direction for reorganizing the agenda. Her directions were as followed: Public Comments /Community Announcements followed by Council Comments/Requests and at the end of the meeting Community Reports and Announcements. PUBLIC COMMENTS /COMMUNITY ANNOUNCEMENTS Kate Comfort Harr, Executive Director of HIP Housing brought copies of their annual calendar that's illustrated by local school children. She also provided and update on HIP's statistics regarding their housing program, noting that South San Francisco is one of the cities they do the most work out of and that there was a satellite office at the Magnolia Senior Center. Mayor Matsumoto appreciated the information. Regarding the calendar, she asked if any South San Francisco students were represented. Ms. Comfort Harr explained the participating cities are put in rotation, picking three per year. To her recollection, South San Francisco was represented three years ago and would definitely be recycling back. Paul Stewart, Government Affairs Director for San Mateo County Association of Realtors ( "SAMCAR ") presented City Council the Homeowners Hero Award in recognition of the action they had taken last year, reviewing and repealing ordinances when it was discovered they did not work for residents. These actions showed that "Homeownership Matters" to the South San Francisco City Council. Mr. Stewart added that the inaugural recipient of the award was State Senator Jerry Hill. Wynn Grchich spoke out against fluoride and Congresswoman Spiere's bill to fluoridate Marin County and the rest of the state. She provided copies of several documents and articles for Council and for the public record. COUNCIL COMMENTS /REQUESTS Councilmember Addiego was contacted by person in the Brentwood neighborhood who expressed concern over the street paving that had been done there, his home was on Aptos Way. He agreed the site looked like an omission had happened and requested that Public Works Director Brian McMinn come back to him with information as to what the difference would be between paving it now and packaging it with another job. Councilmember Addiego informed the public that Supervisor Dave Pine was sworn in as President of the San Mateo County Board of Supervisors. Councilmember Gupta encouraged residents to view the City's website, which had been updated and proved to be very useful. Mayor Matsumoto asked Public Safety Chief Massoni to speak on the fire that had occurred earlier in the day. Chief Massoni stated that a fire had occurred at one of the pharmaceutical companies in the industrial area. The fire started as a result of a chemical reaction in one of the labs, and was largely contained by the sprinkler systems. There were two injured who were decontaminated and taken to the hospital. The fire was completely suppressed after causing minor damage. San Mateo County HAZMAT was on site as well as other area fire departments. Leaks and other issues were checked and secured. Councilmember Gupta sought assurance that there was no cause for alarm in terms of air quality or harm that may be caused by escaped chemicals. Chief Massoni confirmed the issues had been contained and any vapors that were present were dissipated by the high winds directed towards the bay. Mayor Matsumoto announced the recent actions of a good Samaritan led to two arrests and the recovery of stolen property. She urged residents to call when they see something as no call is silly. REGULAR CITY COUNCIL MEETING JANUARY 8, 2014 MINUTES PAGE 2 Mayor Matsumoto introduced Greg Benavanides, a student who selected her as part of his senior project. Being active in Improving Public Places, he selected his topic as community service and how we, as Councilmembers, impact community service. They Mayor went on to express her concerns about a memo issued about the Homeless Outreach Team ( "HOT "). Her main concern was on conditions and activities happening at the Industrial Hotel and the fact that Telecare clients now take up 42 out of 45 rooms for County mental health patients with severe behavioral problems. She found this to be completely unacceptable and requested a report back on the situation. Lastly she had gotten calls about the stoplight on Westborough and Gellert. After observing the light, she felt the timing of the lights presented a safety hazard and asked staff to follow -up. Vice Mayor Garbarino shared the Mayor's concerns about the Industrial Hotel and noted how this was an ongoing issue. He suggested meeting with the involved parties to make sure everyone was doing their due diligence. Interim City Manager Mattas stated staff would follow up on the matter about the hotel. CONSENT CALENDAR 1. Motion to approve the minutes of the meetings of November 13, 2013 and December 3, 2013. 2. Motion confirming payment registers for January 8, 2014. 3. Waive reading and adopt an ordinance amending Chapter 15.48 of the South San Francisco Municipal Code Regarding Minimum Security Standards. 4. Resolution authorizing the acceptance of $10,000 in grant funding to support Project Read Volunteer Income Tax Assistance program and amending the Library Department's 2013/2014 operating budget. 5. Motion to accept the City Hall Fountain Path and Grand Avenue Library Disabled Parking Project (Project No. pf1404) as complete in accordance with the plans and specifications. 6. Resolution supporting the East Grand Avenue Bike Lanes Project, submitting an application for Measure A Pedestrian and Bicycle Program funding in the amount of $490,000 for the East Grand Avenue Bike Lanes Project, and committing $85,556 in matching funds. 7. Resolution authorizing the filing of an application to the Metropolitan Transportation Commission requesting the allocation of $181,000 in FY 2013 -2014 Transportation Development Act Article 3 Pedestrian/Bicycle Project funding for the Oyster Point Boulevard Bike Lane Improvement Project, and committing the necessary non - federal match in the amount of $72,900 for the project and stating the City's assurance to complete the project. REGULAR CITY COUNCIL MEETING JANUARY 8, 2014 MINUTES PAGE 3 8. Resolution accepting the Repair of City Bridges in accordance with plans and specifications and amending the 2013 -2014 Capital Improvement Program (CIP) budget by adding $123,976 in federal grant funding. 9. Resolution awarding a minor construction agreement with Gonzalez Construction and General Contractor, Inc, of South San Francisco, CA in an amount not to exceed $35,519 for the repair of city -owned housing units. Councilmembers requested discussion on items 6, 8, and 9. Motion: Vice Mayor Garbarino /Second - Councilmember Gupta: to approve consent calendar item 1 -5, and 7. Unanimously approved by voice vote. Item 6 - Mayor Matsumoto sits on the Transit Authority and understood $1 million was the amount allowed from each jurisdiction for call for projects. Her concern was that we were not asking for the maximum. Public Works Director McMinn stated this application as the only one currently in the works. After the Pedestrian/Bike Master Plan is completed, staff hoped to have more. Mayor Matsumoto requested to go over the application further before the submission date as she felt more letters of recommendation were needed. She added that the Pedestrian Master plan, which has been held up in the Planning Commission, was critical for scoring points and improving chances of getting projects approved. Item 8 - Councilmember Addiego commended Director McMinn on the project in its entirety. He recognized that parts of the budget came in at one -third under the projected and that awarded grants which allowed the City to keep more its money in Capital Improvements. Director McMinn in turn thanked engineering staff for their work on the project. Interim City Manager Mattas noted the Pedestrian Master Plan was moving forward and going to the Planning Commission on January 16. Council input was welcomed. Item 9 - Councilmember Addiego asked about the vacancy for the units on Miller and Tamarack. Housing and Redevelopment Manager Norma Fragoso stated there were four units currently vacant. Recalling some construction that had been done last summer and fall, she noted they had been vacant since that time. Councilmember Addiego questioned the timing of the investment considering the potential of future development that may occur as early as 2015. He also questioned the time given for the availability of the units, some being as late as June 30. While she agreed some preliminary site work may be done by 2015, she did not believe any construction would take place by then. Staff thought it may be good to lease for approximately one year to recoup some of the costs. The one year timeframe was explained to the County and they seemed agreeable. Staff expected the units to be ready in approximately one to two months' REGULAR CITY COUNCIL MEETING JANUAKY 6, 6V14 MINUTES PAGE 4 time, but gave the June date in case something else came along that needed to be picked up in one of the adjacent units. Councilmember Addiego questioned if it was wise to spend an excess of $12,000 on 314 Miller if the City would only have it for maybe another year. Lastly, he asked about the $4000 allotted for laundry room renovations and whether it was necessary. Manager Fragoso noted that was the only unit that was occupied and there was an obligation to repair the unit and make it habitable, or otherwise relocate the tenants. Some cost benefit analysis showed a rehab was more cost effective. Of the families living there, only one had a relocation agreement. Regarding the laundry facility, it had been such an issue and the possibility of removing it was something that could definitely be done if Council directed. Motion — Vice Mayor Garbarino /Second — Councilmember Addiego: to approve consent calendar items 6, 8, and 9 with a revision removing the amount allotted for renovating the laundry room. Unanimously approved by a voice vote. ADMINISTRATIVE BUSINESS 10. Resolution amending the 2013 -2014 Capital Improvement Program to include the Miller Avenue Parking Structure Standby Generator and HVAC Upgrade Project, appropriating a project budget of $60,716 from the Information Technology Department fund reserves, and awarding a consulting services agreement to AEPC Group of San Ramon, California in an amount not to exceed $50,596 to provide engineering services. Principal Engineer Sam Bautista presented the staff report providing an overview of the project details and purpose. Currently the secured server room, located within the Miller Avenue Parking Structure, stores electronic data for surveillance cameras. Proposal included the installation of additional computer racks and servers, upgrades to HVAC to deal with the increased heat by the new equipment and having the server room become the electronic storage center for the City. Engineer Bautista added that a standby generator would be needed to provide power to the room during a power outage. As he understood it, Councilmember Gupta noted the $60,000 was for the design only and asked for a ballpark figure of the entire project. Engineer Bautista stated it would be approximately $200,000; $120,000 for the generator and HVAC for two units being approximately $20,000. Councilmember Gupta asked if alternative plans had been looked at and whether the room would be able to accommodate future equipment once there was as adequate HVAC system. Director of Information Technology, Doug Hollis stated other locations were looked at and considered. The issue at hand was that currently all information is in one server room and the concept is to have data available at another location. While back -up files do exist, there still needed to be a space that would serve as a bunker and offer more in terms of preparation. Director Hollis was confident the new server room would carry the City through five years easy and that depending on configuration, the room would hold as much as what was currently held at the Municipal Services Building. REGULAR CITY COUNCIL MEETING JANUAKY ZS, 2U14 MINUTES PAGE 5 Councilmember Gupta wanted to ensure the project would come before Council again once the design was complete. Director Hollis agreed, noting he wanted Council support during the entire process. Councilmember Addiego asked about the decision to hook the generator to a natural gas line as the intention of a stand -alone generator was that it would function in an emergency situation. If we were to suffer a disaster, gas could be gone. Which direction was staff leaning in deciding on gas or diesel? Were there any dual power source generators available? Engineer Bautista stated staff would be relying on the recommendation of the consultant. He was unsure about dual systems. Councilmember Addiego also commented on placing the generator on the loading dock area and the building of an enclosed room, to be determined by the Fire Department. He asked if placement had taken future uses into consideration and if the placement would cause an impact. Engineer Bautista stated the location selected would not have an impact on potential future uses. Lastly, Councilman Addiego noted the AEPC proposal included the option of working with Bay Area Air Quality District for permitting. Was anyone on staff willing to attempt this? Engineer Bautista said that could be an option. Motion — Councilmember Addiego /Second — Councilmember Gupta: to adopt Resolution No. 6- 2014. Unanimously approved by voice vote. LEGISLATIVE BUSINESS 11. Adoption of an Urgency Ordinance of the City of South San Francisco making finding and establishing a temporary City -wide moratorium on the establishment of E- Cigarette Lounges, Hookah Bars /Smoking Lounges, and E- Cigarette Retailers to become effective immediately. Associate Planner Billy Gross presented the staff report. Currently the Zoning Ordinance did not address e- cigarettes as they were not defined as smoking. The Planning Department has approved two applications and one of the establishments which sold them on shared counter space has now closed, leaving just one existing retailer that sells only e- cigarettes and associated items. Being a new technology, there is little consensus on the harm or benefits on the use of e- cigarettes. Additionally, the Federal Drug Administration has not issued its findings at this time. At this time, staff was recommending adoption of the urgency ordinance. Public Comments: Dayna Dias, Alvin Hines, Asia Gato, Lili Peck and Pam Brown all spoke against the urgency ordinance. The majority of comments spoke of the positive effects e- cigarettes have had on long -term smokers, allowing them to quit traditional cigarettes unlike any other marketed product. Commenters also noted that denying further establishments would not benefit residents REGULAR CITY COUNCIL MEETING JANUARY 8, 2014 MINUTES PAGE 6 as other stores would still be allowed to sell similar items of a lesser quality and without the expertise offered by the current retail establishment. Furthermore, Ms. Gato believed the ordinance was an overreach of Council under California Government Code 65658 which stated an urgency ordinance may only be adopted in the case of a current and immediate threat public health, safety or welfare, among other things. Lastly, Ms. Gato noted sale to minors was already prohibited. Simon Chan, operating partner of the licensed e- cigarette shop, The Vaping Buddha, located at 615 Orange Avenue accounted his history in South San Francisco and his experience with vaping. He added his opinion that e- cigarettes provided a vehicle for people to stop smoking but reminded Council that it is not guaranteed nor is it marketed as a health product. Through his establishment, he strives to provide high quality products and has a strict policy regarding minors that prohibits them from even entering the store and requires identification checks with every sale. Lastly, Mr. Chan highlighted the differences between his business and other retailer who sell e- cigarettes, mainly that his employees can provide detailed information about the products they carry. He welcomed Council to visit the shop and view for themselves. Being no further public comments, Mayor Matsumoto called for Council discussion. Councilmember Normandy recounted for the various shops in South San Francisco that may sell e- cigarettes, including the Vaping Buddha. She understood the concern for the urgency, but asked for clarification as to what was being done tonight. Planner Gross explained e- cigarette use was not being banned. The intent was to pause the ability for businesses to come forward for business licenses, use permits and building permits, that would sell them as their primary use as additional time was needed to conduct research and identify potential impacts. Interim City Attorney Rosenberg stated existing businesses would not be affected. Councilmember Gupta supported the pause, but wants to become more informed. He further noted supporting the temporary ban did not indicate his support of an outright ban. He was not in support of creating new ordinances without good reason in terms of public health and welfare and would keep an open mind. He asked staff if there was a strategy on how the next 45 days would be utilized. Planner Gross stated research would begin to see if there might be any changes needed and if that was enough time to determine so. The initial 45 days could be extended. Councilmember Addiego sought clarification on the timing requirements for an urgency ordinance. Interim City Attorney Rosenberg stated there were two options: (1) Notice a public hearing than you can adopt 45 days with longer extension, and (2) adopt a 45 day period with initial extension of up 10 months and 15 days and thereafter, if further time is needed, another one year extension up to two times for a maximum of a two -year extension. Councilmember Addiego spoke of his conversation with a "vaper" and his experience with smokers in his family. Noting himself as a freedom of choice person, he believed there wasn't REGULAR CITY COUNCIL MEETING JAN UAKY a, /-U 14 MINUTES PAGE 7 much difference between an establishment that sells alcohol and a hookah bar, and felt there was a culturally based prejudice against the latter. While he could support looking at a ban it in terms of zoning as it applies to lounges/bars, he did not think it should apply to retail. He appreciated Mr. Chan coming out to advocate for what he brings to the community. Vice Mayor Garbarino recounted the failure of prohibition, the loss in the war on drugs and the millions spent on anti - smoking campaigns. For lack of a better word, he understood that morality could not be legislated. Personally, his mother was smoker so he understood the plight. He would like to see what staff would come up with in terms of health and safety so he would support the 45 day moratorium, but agreed with Councilmember Addiego on removing retail from the text. Councilmember Normandy could also support a moratorium on bars /lounges, but agreed about removing the retail component given the number of cigarette opportunities throughout the city. Mayor Matsumoto shared concerns about potential zoning issues and noted she did not want South San Francisco to become the mecca as other cities start banning use. She understood the science was still out but noted her employment experience as a source of knowledge as to what chemicals are used in the liquids and the potential for them to still be dangerous. Interim City Attorney Mattas stated if Council desired it could direct staff to edit the moratorium and remove references to retail establishments that sell e- cigarettes. Council agreed on that course of action City Attorney Rosenberg read the edited actions into the record, which struck all references of "e- cigarette retailers" from ordinance language. Motion — Vice Mayor Garbarino /Second — Councilmember Normandy: to adopt Urgency Ordinance 1478 -2014 as amended. Unanimously approved by voice vote. PUBLIC HEARING 12. Waive reading and adopt Ordinances Repealing Chapters 15.06, 15.08, 15.12, 15.16, 15.20 and 15.24 of the South San Francisco Municipal Code, and Adding Chapters 15.06, 15.08, 15.12, 15.14, 15.16, 15.20, 15.22, 15.24 and 15.26, adopting by reference and amending the 2013 Editions of the California Administrative, Building, Plumbing, Residential, Mechanical, Electrical, Green Standards, Fire and Energy Codes. Chief Building Officer Jim Kirkman presented the staff report, noting this as the second reading. Fire staff was available for questions. Mayor Matsumoto opened the public hearing at 8:48 p.m. Being no public comments, the public hearing was closed at 8:49 p.m. Councilmember Addiego asked if there were ever operational permits in regards to radioactive materials. He also asked about the type of battery systems that would require an operational permit and for clarification of the term "confined space" as used on page 4 REGULAR CITY COUNCIL MEETING JIAIN Urin i 0,/_V1, PAGE 8 MINUTES Fire Marshall DaSilva stated there were radioactive materials in the City. Regarding battery systems covered by the operational permit, it was referring to very large systems used for power storage, large car -sized batteries used to power generators. Confined space would refer to the tanks that some facilities have. These needed to be cleaned out occasionally so the intent is to make sure the Fire Department knows when that is happening. Motion - Vice Mayor Garbarino /Second - Councilmember Addiego: adopting Ordinance numbers 1479 -214 and 1480 -2014. Unanimously approved by voice vote. 13. Motion to open the public hearing and continue to the regular City Council meeting on February 12, 2013. Britannia Cove at Oyster Point HCP Oyster Point III LLC /Owner Project Mgmt Advisors, Inc. /Applicant 101 OYSTER POINT BLVD P12-0061: SPA 13 -0001, ZA 12 -0005. UP 12 -0004, PP 12 -0001, DR12 -0029, TDM 12- 0004, SIGNSI2 -0032, DA12 -0003, PM12 -0002 and EIR12 -0002 Britannia Oyster Point I SLOUGH BTC LLC /Owner Project Mgmt Advisors Inc /Applicant 1100 -1170 VETERANS BLVD P13 -0041: SPA13 -0002 & DAA13 -0003 Interim City Manager Mattas clarified for the records, the continuation would be to February 12, 2014. Mayor Matsumoto opened the public hearing and called for a motion to continue. Motion - Vice Mayor Garbarino /Second - Councilmember Gupta: to continue the public hearing until February 12, 2014. Unanimously approved by voice vote. ITEMS FROM COUNCIL • Community Reports and Announcements Councilmember Normandy reported on her attendance of the Housing for Our People Effectively (HOPE) meeting where the Homeless Outreach Team and Measure A funding information was updated. Mayor Matsumoto thanked the Fire Department, Community Outreach and Mrs. Elaine Garbarino for their help with all their volunteer work related to the Holiday Children's Fund. Next year Mayor Matsumoto would be asking for donations for Wreaths Across America, an organization that places wreathes at the gravesites of veterans throughout the holiday season. Lastly, the Mayor requested the meeting be adjourned in memory of Kathy Ventrello. REGULAR CITY COUNCIL MEETING JHN UAM r 0, """ PAGE 9 MINUTES Vice Mayor Garbarino requested the meeting be adjourned in memory of Janet Padesta, wife of Wayne Padesta. ADJOURNMENT Being no further business, Mayor Matsumoto adjourned the meeting in honor of Kathy Ventrello and Janet Padesta at 9:07 p.m. Submitted: � Fos Anna M. Brown Deputy City Clerk City of South San Francisco REGULAR CITY COUNCIL MEETING MINUTES Approved: ILA �Lxllk�k Karyl MI tsumoto Mayor City of South San Francisco JANUARY 8, 2014 PAGE 10