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HomeMy WebLinkAboutMinutes 2014-03-26 @7:00CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW No changes. PRESENTATIONS MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, MARCH 26, 2014 7:00 P.M. TIME: 7:03 p.m. PRESENT: Councilmembers Addiego, Gupta and Normandy, Vice Mayor Garbarino, Mayor Matsumoto. ABSENT: None. Led by Mayor Matsumoto • Proclamation for Mayor's Day of Recognition for National Service. Presented by Mayor Matsumoto and accepted by Deborah Owdom of the Retired Senior Volunteer Program ( "RSVP "). • Equal Pay Day Proclamation, accepted by Valerie Lambertson of The American Association of University Women. Presented by Vice Mayor Garbarino. • Certificate of Recognition from Council for Jan Rao, Executive Director of Willow in the Wind. Presented by Councilmember Addiego. • Proclamation in honor of American Red Cross Month, accepted by Justin Valle of the San Mateo County Leadership Council. Presented by Councilmember Gupta. • Neighborhood Response Team presentation by Sergeant Danny Gil. Sergeant Danny Gil shared the history of the Neighborhood Response Team (NRT), an outline of their three- pronged approach and statistical data since its inception. Also present at the podium were Officers Jeffrey Lee, Daniel Brown, James Delos Santos and Detective Jason Fukushima of the Gang Intelligence Unit. Sgt. Gill highlighted the team's successes including Operation Red Tidings, on -going community outreach efforts and NRT's utilization of Safety Inspector Tom Carney. PUBLIC COMMENTS Youth Leadership Institute (YLI) members were present to seek Council's support in their campaign against payday lenders in the community. The South San Francisco High School students explained the harm these establishments do to community members and how they contribute to people being stuck in a cycle of debt. Students have been working on anti- payday lender advocacy in an effort to educate the community on their practices and prevent new stores from opening in the City. Council commended the youth on their efforts and spoke about possible regulatory actions currently being researched by staff. The group was invited to attend further meetings at which the matter would be discussed. COUNCIL COMMENTS/REQUESTS Councilmember Gupta recognized the Soroptomist Club and congratulated them on their recent math and science conference, which included the attendance of 35 to 40 girls from Parkway Middle School. Vice Mayor Garbarino announced the upcoming Jazz by the Bay event on April 4 at Centennial Towers and an upcoming Grand Boulevard Initiative meeting on May 13 and 14 occurring at the Main Library in San Mateo. Councilmember Addiego reported on the State of the County Luncheon that was held in South San Francisco, which featured a video presentation from Assemblyman and former City Councilmember Kevin Mullin. Councilmember Addiego suggested the video be played for the residents at the beginning of a future Council meeting. Mayor Matsumoto reported on her participation in the South San Francisco Walking Tour and requested staff follow up on various items discussed during the tour. The Mayor also asked residents to visit Macy's Serramonte to participate in Macy's "Heart Your Park" program where each dollar donated at the register to help improve Orange Memorial would be matched by the store. This offer was only valid at the Serramonte Macy's in Daly City through March 31. Lastly, Mayor Matsumoto requested an inventory of City work environments to identify areas in the where employees may be working under less than adequate conditions. REGULAR CITY COUNCIL MEETING MARCH 26, 2014 MINUTES PAGE 2 CONSENT CALENDAR 1. Motion to approve City Council minutes for the meeting of January 8, 2014. 2. Motion confirming payment registers for March 26, 2014. 3. Resolution authorizing the City Manager to execute Program Supplemental Agreement No. 023 -N with the State of California, for the preliminary engineering of the South San Francisco Grand Boulevard Project on El Camino Real from Chestnut Avenue to Arroyo Drive. 4. Resolution authorizing execution of Contract Amendment 6 to the Consulting Services Agreement between the City of South San Francisco and MuniServices LLC to undertake sales and use tax revenue recovery services for the City's business cooperation program. 5. Waive reading and adopt an Ordinance adopting a Development Agreement for the development of a 14.5 acre site for the Centennial Village at 180 El Camino Real project in the El Camino Real Mixed Use (ECRMX) zoning district. Council requested discussion on items 2 and 4. Item 2 - Mayor Matsumoto requested further detail be provided at a later date on the $35,000 for the Peninsula Conflict Resolution Center listed as "coordination and facilitation for strategies ". Item 4 - Councilmember Addiego requested an update on what type of revenues MuniServices had discovered and projected figures, and that these items be included in future reports. Mayor Matsumoto thanked whoever came up with the opportunity to collect new sales tax revenue. Finance Director Steele stated that staff had become aware of certain types of sales taxes falling through the cracks and going to County pools. There has been a lot of administrative effort in working with businesses in getting them to file their taxes in a way that allows those taxes to come back to the City. This was being explored through the Economic and Community Development department's ( "ECD ") broader business cooperation program. Councilmember Addiego asked how businesses would be motivated to make that extra effort for the City's benefit. ECD Consultant Patrick O'Keeffe stated the program would not change the amount of tax collected, but where it goes. It was a relatively easy process; businesses just need to be shown the forms and how to fill them out. Where the time comes in for MuniServices, is identifying the right businesses to go to. As part of that, we would like to go out and greet our businesses to get an assessment on if they require any assistance from the City, how they see the business climate and how they view the City organization. Information about programs they may not know about like PACE and the Governor's GoBiz program would be provided with the hope that businesses would exchange the favor by cooperating with the new filing methods. REGULAR CITY COUNCIL MEETING MARCH 26, 2014 MINUTES PAGE 3 Motion - Vice Mayor Garbarino /Second - Councilmember Normandy: to approve the consent calendar. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 6. Resolution authorizing the Mayor to execute a Cost Sharing Agreement with the County of San Mateo for a new animal care shelter. Interim Assistant City Manager Kathy Mount summarized the staff report, providing information on the need for the new shelter, the services provided, details about the construction cost and timeframe of completion, and the lease expense calculations. Construction costs were estimated to be between the ranges of $15.1 million and $20.2 million with the an estimated lease payment between $49,733 to $66,530 per year depending on final construction costs. If any city wanted to depart, a year's notice would be required and the remaining cities will be recalculated. Cities that have approved were listed in the report and the County was attempting to get every city to approve to begin construction. Pam Machado, representing the County of San Mateo, was present if there were any questions. Council expressed displeasure with the construction costs of the project, estimating them to be approximately $450 to $600 per square foot and wondered if other service providers had been considered. While the services provided by the Peninsula Humane Society ( "PHS ") were sufficient, they seemed to come at quite an expensive price. Other questions posed included whether or not there was a cap on the construction costs, what sort of oversight would be done and how could cities offer input. Council also requested to see a recent audit for PHS and a list of the options that were considered and rejected in the talks between the City Managers and County. Ms. Machado noted the exact costs would not be known until the architecture and engineering firms were hired, for now the numbers were just estimates. She noted that other cities had looked for other vendors and but had been unsuccessful. At the end of the process, the building would be owned by the County, which would make it easier to find another vendor if needed. Regarding a cap, there was none, but if the project was expected to go over $20.2 million, cities would be given ample notice. Interim Assistant City Manager Mount stated City Managers had been negotiating at the County /City Manager level and this was the best deal that could be worked out. She understood that the idea of having the project be managed by the County was done by design, as not have cities involved in the construction process. Council stated their apprehension was not a reflection of services, but the amount of money being requested warranted further study. Given their level of discomfort with the numbers and lack of options, they requested the item be brought back for further discussion at a future meeting. 7. Resolution awarding a Consulting Services Agreement to URS Corporation of San Jose, CA, to prepare a Project Initiation Document for the "US 101 Produce Avenue Interchange Project" (Project No. tr1404) in an amount not to exceed $449,804. REGULAR CITY COUNCIL MEETING MARCH 26, 2014 MINUTES PAGE 4 Principal Engineer, Sam Bautista summarized the staff report, providing information on the process of used to select the consultant, a brief history of the project and a description of what the PID entails. Staff recommended Council approve the resolution awarding the agreement to URS Corporation. Councilmember Gupta asked what other activities of the PID phase could require the need for an additional $200,000, and how would the City's matching funds be used. Public Works Director, Brian McMinn stated in addition to the PID, the money would go towards staff time and the work conducted regarding a previously approved Cooperative Agreement with Caltrans. Whatever was expended would be submitted for reimbursement under the grant. Councilmember Addiego found it interesting that all of the potential bidders would know the amounts awarded by the Transit Authority (TA). He asked for a physical description of the project in relation to Utah Avenue and the potential impact on the businesses in the area. Engineer Bautista described the projected changes to Utah Avenue and named several businesses that may be affected; adding that staff had already began contacting them in an effort to be ahead of the project. Mayor Matsumoto wanted to know about the outreach efforts to disadvantaged business enterprises (DBE) and requested this information be included in future reports. She was also interested in knowing what some of the other bids were and asked if there had been an Engineer's estimate done for professional services. Interim City Attorney Rosenberg reviewed the differences between the processes of an RFP versus and RFB, noting that an RFP does not have to be awarded based on lowest bidder alone. Bids are not public until the contract is awarded. Once a contract is signed, whatever is in the City's position is public. Regarding an estimate, Engineer Bautista stated a combination of the level of effort and general knowledge based on prior projects was used to calculate a rough estimate. Motion - Vice Mayor Garbarino /Second - Councilmember Addiego: to adopt Resolution No. 37- 2014. Unanimously approved by voice vote. Before moving on, Mayor Matsumoto requested the businesses that may be impacted by the project be contacted as soon as possible. 8. Motion to conceptually approve the proposed three year sewer rate plan and authorize staff to proceed with the necessary noticing for a public hearing in compliance with Proposition 218. Public Work Management Analyst, Justin Lovell summarized the staff report, requesting conceptual approval of the proposed three year sewer rate plan and authorization for staff to proceed with the noticing required under the Proposition 218 requirements. Analyst Lovell provided the plan's details and information on community outreach efforts. Also noted was the REGULAR CITY COUNCIL MEETING MARCH 26, 2014 MINUTES PAGE 5 fact that the City's rates would still be in the bottom third County wide and well below the average rates within the County. Water Quality Control Plant Superintendent, Brian Schumacker provided details of the larger projects required by the State Water Board in order to minimize blending. Councilmember Garbarino asked if noticing materials would be provided in other languages. Analyst Lovell stated materials would be available in other languages, specifically how to access further information in their preferred language. Councilmember Addiego asked about the dewatering process that had been considered in efforts to lower the hauling rates of bio waste and about the equipment used to complete the process. Superintendent Schumacker stated the bio solids were currently dewatered from 100 percent water to 20 percent solid and used as alternative daily cover at one of our local landfills. He further stated the equipment use in the process was a belt press as opposed to a centrifuge and explained the cost and energy offsets between the equipment. Councilmember Gupta sought clarification between CIP funding projections and the rate increase and whether or not the cash flow matched year by year. Analyst Lovell explained that in reviewing the CIP, some of the projects go beyond the three years but that total costs were estimated over the next three years as projected. In this rate proposal, we are only considering the next three years. Councilmember Gupta asked if that meant rates would need to be increased again in the next rate cycle. He also asked about the commitments of the other entities. Analyst Lovell stated another increase remained a possibility but at this time. He confirmed that all other entities were committed, adding that 75 percent comes from South San Francisco and that all other entities pay their portion as well. Mayor Matsumoto asked if there was a reason East Palo Alto was not included in the survey. Analyst Lovell stated there was no specific reason for their exclusion. Motion - Councilmember Gupta/Second - Councilmember Normandy: to conceptually approve the a new three -year rate plan for fiscal year (FY) 2014 -2015 through FY 2016 -2017 and authorize staff to proceed with the Proposition 218 process. Unanimously approved by voice vote. LEGISLATIVE BUSINESS 9. Introduction of an Ordinance amending Chapter 8.50 of the City of South San Francisco Municipal Code regarding regulation of smoking to include electronic smoking devices in designated locations. REGULAR CITY COUNCIL MEETING MARCH 26, 2014 MINUTES PAGE 6 Interim City Attorney Rosenberg summarized the staff report, explaining that the update would apply current smoking regulations to the use of electronic smoking devices (ESD). Councilmember Gupta asked about the direction other levels of government were taking. Attorney Rosenberg stated the position of the Food and Drug Administration (FDA) was still outstanding, and that state and federal law were relatively silent. Councilmember Addiego thought perhaps Council should take a position on AB 1500, which he understood was the prohibition of on -line sales to minors. Attorney Rosenberg stated AB 1500 had been introduced but the chances of it passing were unknown. His understanding was that AB 1500 was the broader prohibition of the online sale of e- cigarettes. If it's the desire of the Council, further research could be conducted and brought back for discussion so Council could decide on whether they would like to take an official position. Councilmember Addiego had been moved by adults who had spoken at the previous public hearing about the use of the devices as a cessation tool, but was now concerned that the devices may be perceived as "cool" by young people and a social norm may be established. Attorney Rosenberg spoke on the marketing strategy, and how the flavors and packaging seem to target a younger market. Vice Garbarino spoke about the recent proliferation of "vape" shops, particularly in San Bruno, Millbrae, and Belmont and suggested Council revisit the regulation of retail establishments. He also expressed his wish that the distance had been set at 25 feet rather than 20 feet. He understood enforcement would be difficult given that it was complaint driven. Attorney Rosenberg stated the regulation of retail establishments could certainly be revisited from a land use perspective. As for the distance, it mirrored the established regulations for the purposes of uniformity and consistency in enforcement. Mayor Matsumoto sought clarification on a specific portion of the ordinance where use of ESDs would not be affected and how this portion did not mirror the City's ordinance on smoking. Attorney Rosenberg stated the proposed ordinance drafted at the direction of Council in order to address City owned property only. However, the ordinance could be amended if Council wished. If that was Councils desire, he suggested the changes be presented together with the reintroduction of the City's downtown smoking ordinance. Mayor Matsumoto asked the Public Safety Chief about the effect this would have on the Police Department's workload. Chief Massoni stated complaints on cigarettes were currently low, but there was a potential for complaints to increase as ESDs become more prevalent. REGULAR CITY COUNCIL MEETING MARCH 26, 2014 MINUTES PAGE 7 Councilmember Addiego suggested checking with local businesses to see if any of them had policies already in place. Mayor Matsumoto noted other cities were starting to add ordinances addressing the issue. Attorney Rosenberg stated the intent was to have something in place for enforcement purposes. He suggested moving forward with the introduction and reporting back on additional needs and any further steps that need to be taken. Councilmember Normandy felt it was necessary to move forward to avoid the chances of someone creating a disruption of business being conducted on City property. Motion - Vice Mayor Garbarino /Second - Councilmember Gupta: to introduction of an Ordinance amending Chapter 8.50 of the City of South San Francisco Municipal Code regarding regulation of smoking to include electronic smoking devices in designated locations. Unanimously approved by voice vote. PUBLIC HEARING 10. Resolution approving the second amendment to the Professional Services Agreement with American Traffic Solutions (ATS) for Red Light Camera Enforcement. Public Hearing opened at 9:15 p.m. Public Safety Chief Mike Massoni summarized the staff report and provided the additional information that was requested by Council at the previous public hearing of March 12. Updated information was provided on the following: collision data between the years of 2005 through 2013, including collision data from non - monitored the intersection of Westborough and Junipero Serra; statistics on issued citations; reasons cited for ending similar programs in other cities; reasons for violation dismissals; and compensation to ATS. At this time, staff recommended approving the second amendment to the contract with American Traffic Solutions ( "ATS "). Public Hearing closed at 9:32 p.m. Council thanked the Chief for the detailed and responsive report. The majority of Council wished to discontinue the red -light camera program citing the following reasons: their failure to contribute significant reductions to the number of collisions; adverse economic factors for the City and its residents to the benefit of a private company; engineering alternatives that could reduce accidents more effectively; and better option for use of City funds. Additional questions were posed regarding the funding of the Every 15 Minutes program, the number of citations that could be written by a dedicated traffic officer and the effect new signage may have on the number of accidents. Chief Massoni stated he would find funding to continue the Every 15 Minute Program if the red light program was discontinued. On a good day and without interruption, a dedicated officer could write approximately 30 tickets, but the chance of those circumstances occurring was unlikely. In regards to changing signage, the Chief stated he would have to consult a traffic engineer to determine how successful that would be. REGULAR CITY COUNCIL MEETING MARCH 26, 2014 MINUTES PAGE 8 Mayor Matsumoto stated her previous support for approving the amendment remained. She felt as long as the City wasn't losing money, the program should be continued. Her support of the program had always come down to the safety aspect, not revenue. Chief Massoni clarified that ATS got $380,000 from the fines, not from City coffers. If the program is eliminated, the money is not there to expend on other measures. The difference from the expenditure and the percentage of the fines the City got was roughly $150,000. None of the expenses come out of the General Fund or the Police Department budget. Council thanked the Chief for the clarification. Vice Mayor Garbarino asked about data regarding injury accidents. Chief Massoni did not have the data available, but stated there was not a significant change in the numbers from his recollection. He reminded Council that regardless of the decision made tonight, the cameras would remain until the middle of August. Motion - Councilmember Addiego /Second - Councilmember Gupta: directing staff to notify ATS in writing of the City's intent not to extend the existing agreement. The motion was carried by the following voice vote: AYES: Councilmembers Addiego, Gupta and Normandy, and Vice Mayor Garbarino. NOES: Mayor Matsumoto. ABSTAIN: None. ABSENT: None. ITEMS FROM COUNCIL — COMMITTEE REPORTS AND ANNOUNCEMENTS 11. Competing water related funding initiatives. Public Works Director, Brian McMinn summarized the staff report outlining the potential competing funding measures on the ballot and the possibility of presenting options to the San Francisco Bay Restoration Authority for the timing of their potential funding measure. Citing the need for further information from C /CAG, Mayor Matsumoto requested the item be continued to a later date. Councilmembers gave the following reports on attendance of community meetings and events: Councilmember Gupta reported out of the Association of Bay Area Governments ( "ABAG ") meeting, where out of hundreds of cities worldwide, four California cities (Alameda, Berkeley, Oakland and San Francisco) were recognized by the Rockefeller Foundation as being the most resilient and innovative. Support of a "resilience officer" would be provided by the Foundation and the cities would report developments to ABAG. Councilmember Gupta also shared information about a $5 million grant that came to the Metropolitan Transportation Commission ( "MTC ") and ABAG through the U.S. Department of Housing and Urban Development ( "HUD"). Councilmember Normandy reported on the Housing Endowment Regional Trust ( "HEART ") meeting where the first time home buyer program and agency dues were discussed. Councilmember Normandy also informed residents about an upcoming Local Control Accountability Program ( "LCAP ") parent meeting happening on March 31 at 6:30 p.m. Parents were strongly encouraged to attend and share their input. Councilmember Normandy requested REGULAR CITY COUNCIL MEETING MARCH 26, 2014 MINUTES PAGE 9 Parks and Recreation Director, Sharon Ranals provide an update on the expansion of childcare programs at Ponderosa Elementary. Lastly, the Councilmember requested ECD staff update the CDBG page to highlight all of the family resources available to residents. Director Ranals reported the program currently occupied 2 portables and part of the multipurpose room. The district had wanted the program to occupy more of the multipurpose room, rather than the preferred third portable. A new program extension request would be presented in the upcoming budget. Superintendent Hogan wanted to expand enough to increase by 15 but there were currently 20 families on the waiting list and the hope was to serve them all. Vice Mayor Garbarino reported out of meetings he had with Assemblyman Mullin and Senator Hill where they discussed Redevelopment Agencies and the state's need of $82 billion worth of infrastructure repairs. He also reported that Speaker Elect Atkins was carrying legislation to hasten Department of Finance ( "DOF ") action on Oversight Board approvals, which were currently handled on a first come, first serve basis. He reported on the testimony he gave at the State Capitol on the need for stricter regulation of massage parlors and on his attendance of Congresswoman Jackie Speier's conference on human trafficking, where he was tasked with leading fundraising efforts for Freedom House. Also attended was the March 25 school board meeting, where he noticed the exclusion of middle school parents from the discussion of after school programs. Lastly, the Vice Mayor congratulated Director McMinn on the Water Quality Control community outreach program. Mayor Matsumoto noted the CDBG subcommittee had focused on programs addressing the effects of human trafficking when awarding funds. She also reported that she would be attending ABAG's General Assembly with Councilmember Gupta, where the City was expected to receive an award for 636 El Camino Real. Councilmember Addiego reported on his attendance of a meeting called by Sister Cities Committee President, Frank McAuley where they discussed sending a delegation to our sister city in Kishiwada, Japan. Trip expenses, dates and itinerary were shared and the Councilmember stated it was open to any member of the Sister Cities Committee. Mayor Matsumoto expressed her concern with actions at the School District level. Her main areas of concern included the review of "S" zone designations, future plans for Hillside Montessori School, and the importance of prioritizing the special pre - kindergarten program for which the City had been selected as a trial site. She felt the program was critical to the future of the City and that its success hinged on strong support. Her fear was that the program would take a back seat to other issues that were higher on the Superintendent's list of priorities. Other areas of concern included who should be held responsible for an afterschool program in the Parkway area and the effects of upcoming ball field renovations. She encouraged parents to attend school board meetings to learn more about these and other issues. Councilmember Normandy concurred with the Mayor and repeated the information she shared earlier on the importance of attending the LCAT meeting on March 31. In addition, there was a study session scheduled for April 10. Mayor Matsumoto requested Director Ranals find out if the Municipal Services Building was available to serve as the location for the LCAT meeting. If it was, she wanted to offer the option to President Goodman so that the meeting could be televised. REGULAR CITY COUNCIL MEETING MARCH 26, 2014 MINUTES PAGE 10 ADJOURNMENT Being no further business, Mayor Matsumoto adjourned the meeting 10:34 p.m. Submitted by: Anna M. Brown, Deputy City Clerk City of South San Francisco City of South San Francisco REGULAR CITY COUNCIL MEETING MARCH 26, 2014 MINUTES PAGE 11