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
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CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
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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.
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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.
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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'
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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.
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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
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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
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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
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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.
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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:
�
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Anna M. Brown
Deputy City Clerk
City of South San Francisco
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MINUTES
Approved:
ILA �Lxllk�k
Karyl MI tsumoto
Mayor
City of South San Francisco
JANUARY 8, 2014
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