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HomeMy WebLinkAboutMinutes 2014-04-09 @7:00MINUTES 0�5 %i92. CITY COUNCIL cp CITY OF SOUTH SAN FRANCISCO c�LIFORl REGULAR MEETING MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, APRIL 9, 2014 7:00 P.M. CALL TO ORDER TIME: 7:07 p.m. ROLL CALL PRESENT: Councilmembers Addiego, Gupta and Normandy, Vice Mayor Garbarino, Mayor Matsumoto. PLEDGE OF ALLEGIANCE ABSENT: None. Led by Vikram Sreedhar. Mayor Matsumoto introduced their new City Manager, Mike Futrell, giving a resume of his experience. AGENDA REVIEW No changes. PRESENTATIONS • Introduction of Youth Government counterparts. Youth Government participants included: Vikram Sreedhar, Anteneh Hailu, Ion Murata, Kim Hui, Alexis Huerta, Jacqueline Kong, Jennifer Wong, Brian Ortiz, and Jeremy Jimenez of South San Francisco High School; Erin Chazer, Riya Patel, Victoria Rodriguez, Calvin Lim, Kayla Bartolome, Taran Cacacho, Lauren Walton, Darlene Mamaril, Tim Corpuz, and Cindy Chan of El Camino High School; Oscar Gutierrez of Baden High School; and Marco Romagnoli of Junipero Serra High School. Mayor Matsumoto mentioned that they have been meeting for two weeks and stressing to them the impact that both Council and the city government make on the lives of the residents and businesses. She then gave kudos to the parents who have raised outstanding children. Vice Mayor Garbarino commended the students on being the face for future generations and wished them good luck in their future endeavors. Councilmember Gupta echoed those comments, adding that the future of South San Francisco was in very good hands and how he would like to keep track of them and their future endeavors. He also encouraged residents to take advantage of the many opportunities the City offers to volunteer and get involved with the community. • Farmers' Market presentation by Jorge Vega of the Pacific Coast Farmers' Market Association. Jorge Vega gave a brief report on some of their new products and the successful events to help the market reach its goals. According to Arron Boyd, a teacher in the community, the students of Youth Government have volunteered at the Farmer's Market even after graduating. He was glad to have the City's continued support through the various programs like the Food, Fun and Fitness Fair on May 3, 10:00 a.m. to 2:00 p.m. • Parks Alive, Streets Alive presentation by Kerry O'Shea, Parks and Recreation intern. Kerry O'Shea stated that the Parks Alive, Streets Alive event was on May 3 at Orange Park. She then gave an overview of the activities, all of which were free. An open house would be held between 9:00 a.m. and 1:00 p.m. where community members could provide feedback on the Parks and Recreation Master Plan. • Proclamation for National Library Week accepted by Robert Turnberg, Library Board of Trustees President. Presented by Councilmember Normandy's counterpart, Victoria Rodriguez and accepted by Library Board President, Robert Turnberg Mayor Matsumoto gave recognition to former Mayor Pedro Gonzalez, who championed a return to regular hours at Grand Avenue. • Social Media presentation by Simon Kwong, Social Media Coordinator. Social Media Coordinator, Simon Kwong gave a brief definition of social media, then described the South San Francisco Facebook page and methods used to attract subscribers. He felt this media would create a new channel of online communication that would complement what already existed. He invited everyone to join them on Facebook and Twitter. PUBLIC COMMENTS Bill Nack spoke on behalf of the Building and Construction Trades Council of San Mateo County and on behalf of the 26 local construction union members, whose numbers exceeded 14,000. He thanked Council for supporting quality of life issues for all South San Francisco workers, adding that Councils did not get thanked enough when they are doing good things, such as standing up for workers. Members in attendance identified themselves at request of the Mayor. REGULAR CITY COUNCIL MEETING APRIL 9, 2014 MINUTES PAGE 2 Mayor Matsumoto thanked Mr. Nack and stated that besides creating jobs that pay prevailing wage, they were also pushing for work force housing developments, both for rental and sale. Wynn Grcich invited the community to an upcoming rally at the EPA Office on Poplar Street in San Francisco on April 16. CONSENT CALENDAR 1. Motion to approve City Council minutes for the meeting of February 12, 2014 and March 12, 2014. 2. Motion confirming payment registers for April 9, 2014. 3. Motion to accept the Orange Memorial Park Pool Plaster Renovation Project (Project No. pfl403) as complete in accordance with the plans and specifications. (total construction costs $194,915.56) (Brian McMinn, Public Works Director) 4. Adoption 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. (Steven T. Mattas, City Attorney) 5. Resolution supporting AB 2727 (Frazier), which would increase the fee deposit that must accompany subpoenas for non - safety local agency employees. (Kathy Mount, Interim Assistant City Manager) 6. Resolution authorizing the acceptance of $35,000 from the Woodlawn Foundation to support Project Read Services and amending the Library Department's 2013/2014 operating budget. (Valerie Sommer, Library Director) 7. Resolution authorizing execution of Memorandum of Understanding ( "MOU ") and related residential Lease Agreements with County of San Mateo Human Services Agency to provide housing for the Emancipated Foster Youth Program. (Norma Fragoso, Housing & Redevelopment Manager) 8. Resolution amending a professional services agreement with Gunnink Media in the amount of $10,100 for development of creative messaging, marketing and media elements for the 2014 BIO International Convention. (Pat O'Keeffe, Economic & Community Development Consultant) Council requested discussion on items 2, 3, 7 and 8. Item 2 — Vice Mayor Garbarino referred to page 25 of 43 and asked about the almost $500 worth of payroll checks had not been cashed and since expired, and if there were additional fees involved. Finance Director Jim Steele responded the checks had expired and were reissued at no additional fee. REGULAR CITY COUNCIL MEETING APRIL 9, 2014 MINUTES PAGE 3 Item 3 - Mayor Matsumoto sought clarification as to why there were no Disadvantage Business Enterprise ( "DBE ") requirements given that public funds were being used. Public Works Director, Brian McMinn stated that it was public money but the DBE requirements are imposed on state funded projects. If it were state grant funded, there would be DBE requirements. Item 7 - Councilmember Gupta noted a minor correction needed to be made before approving the item, and that was to change Tamarack Avenue to Tamarack Lane. He asked that they make that change in the resolution as well as the report. Item 7 - Councilmember Addiego was glad to have the opportunity to speak about the expansion of the Emancipated Foster Youth Program. He expressed gratitude for Norma Fragoso and her efforts towards the expansion, and stated he was proud that the City could offer these housing opportunities to young people who had not been as fortunate as others. Mayor Matsumoto mentioned how the City had went into its own coffers when CDBG funding had run out. This program had always been near and dear to her, so she was pleased to see the expansion as well. Item 8 — Mayor Matsumoto requested a Friday memo to provide further information on complete costs and on what these services would provide in terms of items that could be carried forward and capitalized on for next year's International Bio Conference. Economic and Community Development Consultant Pat O'Keeffe stated he would provide the memo and added that an additional study session on economic development activities would be taking place in another week. He could provide a recap at that time as well. Motion: Vice Mayor Garbarino /Second — Councilmember Gupta: to approve consent calendar with amendments regarding Tamarack Lane to item 7. Unanimously approved by voice vote. PUBLIC HEARING 9. An Ordinance amending the Zoning Code to prohibit superstore uses city -wide and grocery and supermarket uses in the East of 101 area and associated Environmental Impact Report. Motion to open the Public Hearing and continue the matter to the City Council meeting of April 16, 2014. (Tony Rozzi, Associate Planner) Mayor Matsumoto opened the public hearing at 8:44 p.m. and noted it would be continued to the Special meeting of April 16, 2014, taking place at the present location. Vice Mayor Garbarino asked for clarification as to what happened with the public noticing. City Attorney Mattas stated the individual notice had not gone out in a significant amount in advance. This would be able to be accomplished by moving the hearing to April 16. While this was a special meeting, staff felt it was important to stay on calendar. Motion — Vice Mayor Garbarino /Second — Councilmember Normandy: To continue the matter to the City Council meeting of April 16, 2014. Unanimously approved by voice vote. REGULAR CITY COUNCIL MEETING APRIL 9, 2014 MINUTES PAGE 4 10. Resolution making findings and awarding an energy services consulting agreement to Tanko Lighting of San Francisco, California for the "Streetlight Conversion to LED" (Project No. stl404) in an amount not to exceed $1,150,317 (base proposal), or in an amount not to exceed $1,462,400 and amending the Sewer Fund budget by $24,000 (alternate proposal). (Justin Lovell, Management Analyst II) stated that, in the presentation, he showed the street lights on Grand Avenue, and he asked if they were replacing those. Public Hearing opened at 8:47 p.m. Public Works Management Analyst, Justin Lovell summarized the staff report, providing information on project specifications, energy savings, community outreach, and PG &E rebates and tariff changes. Base proposals for Alternatives One and Two were summarized with associated costs, rebates and payback periods reported. Staff recommended Alternative two and awarding the contract to Tanko Lighting based on costs, proposal, references, and experience with municipal turnkey streetlight conversion to LED projects. Public Comment Mark Leach expressed concerns and related compliance issues he was aware of with Tanko and their subcontractors regarding worker misclassification and prevailing wage. If Council were to move forward, he urged caution and due diligence. If not in too much of a hurry, he suggested that Council wait on awarding the contract until after they had an opportunity to investigate the concerns that were experienced by the City of Napa. Director McMinn explained staff felt competition was in best interest of City. As part of the contract, he stated the contractor would have to pay prevailing wage and submit certified payroll. A thorough reference check was done, as well as a check with the Department of Environmental Relations. Director McMinn stated he would follow up on the report regarding Napa. Public Hearing closed at 8:58 p.m. Vice Mayor Garbarino sought clarification as to whether or not the lights on Grand Avenue were being changed. Analyst Lovell stated they were not. Linden Avenue lights would be changed from orange to white. Councilmember Addiego had supported the program earlier and noted the 6 year payback period as being one of the reasons why. Now for alternative two he understood the payback period would be approximately 15 or 16 years. He would suggest holding back on the second phase, as many of the lights were put in recently and the payback spoke volumes. Councilmember Gupta strongly agreed with Councilmember Addiego's comments. By his calculations, Part B had a payback period of 16 versus 5 years for the first part. From the cost benefit point of view, it did not make sense. He also understood that some of the installations were relatively recent, and that the City would be taking a loss taking a loss on the remaining life of the equipment. He also sought further clarification on the nature of the agreement, whether it was turnkey investment or energy services consulting agreement. REGULAR CITY COUNCIL MEETING APRIL 9, 2014 MINUTES PAGE 5 Analyst Lovell stated it was approached as a turnkey project and through an energy service contract. This had been tested out for several years on the savings because the street light schedule is fixed, with a fixed dollar amount. Once the new LEDs were installed, PG &E had a fixed rate and the savings would be known it was not being required of the contractor to guarantee savings. Councilmember Gupta asked what the difference was between this contract called an energy services consulting agreement versus any other contract they give for construction of roads, buildings, etc. and what the benefits were. Analyst Lovell stated the requirements for bidding were not approached in the same manner as a Public Works contract. It's not required to take the lowest responsible bidder. City Attorney Mattas stated that it provides you greater flexibility in the bidding process because you aren't obligated to accept the lowest bidder. They were also given flexibility in terms of making a determination that the vehicle they choose was going to achieve cost savings from current energy costs. This appeared to be special purpose legislation passed by the state to facilitate these types of changes, presumably because of the positive impact it has on greenhouse gas. It was meant to motivate people to want to change the lights out before they met their full usefulness. Councilmember Gupta stated he was still unclear as to what was lost or gained by this process. Director McMinn stated that this particular process is a turnkey, as in the consultant will be providing design and consulting services. They would have to seek those pieces individually and the City would have a greater project management burden with greater use of resources, and they didn't have the in house expertise to look at specific lighting fixture and compare. They can use a consultant under this process and can combine any other elements that would be through separate RFPs and separate bids, and combine into one function. Councilmember Gupta recalled going through previous projects with Director McMinn where there were separate vendors providing separate services and asked what was special in this instance, where one vendor was being asked to do two or three tasks. He felt the same services could be requested in an open bid and was still unclear as to what was being gained by not looking at it in a more market competitive way, especially in the light of the comments made earlier about the recommended vendor. Director McMinn stated the actual consulting services piece was small compared to the actual cost of replacing the lights. The two could have been split with the City managing another contract. The selection was predominantly based on the cost of the replacing the lighting, so the value added by managing the contract would not have been much. Councilmember Gupta had still not achieved clarification and thought perhaps his colleagues could help clarify. Further discussion revealed that Tanko was the lowest bidder, with the closet bid being approximately three percent higher, followed by 20 percent and then 40 percent. Additional concerns expressed included: technology becoming obsolete sooner than the payoff; the issues REGULAR CITY COUNCIL MEETING APRIL 9, 2014 MINUTES PAGE 6 reported earlier about Tanko's compliance; the need for strict compliance measures to avoid similar issues, with Vice Mayor Garbarino recalling a particular project in which a contractor has to be removed; and the payback timeframe of 16 years being unacceptable. Mayor Matsumoto stated that a considerable amount of concern had been expressed by Council. Understanding their arguments and concerns, she asked why staff proposed the project the way they had. Director McMinn stated it was thought to be prudent to seek quotes for all of the lights on the LS2 schedule and have the numbers before them to make the decision. The numbers came in, and the payback was not reasonable as to what they would expect or want to seek for any energy efficiency change. He understood there may be other merits that Council wished to consider other than financial, like consistency of lighting throughout the City or efforts towards greenhouse gas initiatives. Analyst Lovell also noted the limited competition and demand for retrofits but that in the coming years there may be more options opening up and more cost effective fixtures would become available. Specific comments about the Napa installation were made, revealing that resident complaints had come in within a month of installation. Comment was also made about a need for quality for longevity rather than trying to squeeze everything in by June to get rebates, which brought up the concern as to whether or not all the lights could even be installed in time. Director McMinn stated it was a concern and there was a possibility that not all the lights will be able to make it through the supply chain in time to be installed. They were already working with Tanko as to how they can make adjustments to the schedule and expedite the order of lights to get them as soon as possible. He stated that, in the worst case scenario, the rebate program could be cut 25% or up to 50 %. If 50% cut were to come into play, even if they didn't install any of the lights before June 30, they would be looking at less than a year additional to the payback. He stated that they have already realized a considerable amount of savings by just opening it up to competitive proposals. When they started this last fall, they understood that this program was set through the end of 2014, but a potential of $150,000 was a goal that staff would definitely strive to achieve. While not wanting to dismiss the concerns expressed about Tanko, Council felt time was of the essence and that they should act quickly but cautiously. City Attorney Mattas understood Council direction; approve a resolution making findings and awarding an energy services consulting agreement to Tanko lighting of San Francisco, California for the "Streetlight Conversion to LED" (Project No. stl404 in an amount not to exceed $1,150,317 (base proposal). Given the issues discussed Councilmember Gupta wanted to make sure the motion did not already approve the contract being awarded to Tanko. City Attorney Mattas stated that the resolution before them would award the contract to Tanko, but with the provision of all requisite assurances and requirements of the contract. The contract included prevailing wage and certified payroll requirements. He understood Council's direction included that staff pay close attention to these issues in additional to classifications. If the Council desired to hold off on action until they get a report they could do so and continue the REGULAR CITY COUNCIL MEETING APRIL 9, 2014 MINUTES PAGE 7 item. As indicated by Brian, the reference checks have come back satisfactory; although the speaker did identify that there may have been some problems elsewhere. The issues expressed could be addressed through contract enforcement. Noting that time was of the essence, City Attorney Mattas stated Council could proceed with the direction provided to staff, or they could hold off so they could better understand the other instances where Tanko had been the primary vendor, with staff providing information as quickly as they could. He asked Director McMinn if one week would modify the timeline in any significant way. Director McMinn stated additional delay may further effect the supply chain for the lights. Staff understood Council's request for further information. A Friday memo would be provided to share what was learned and continue reporting would be done throughout the course of the project on any issues that may arise and how they are responded to. Motion — Councilmember Addiego /Second - Councilmember Gupta: to approve Resolution No. 42 -2014. COUNCIL COMMENTS /REQUESTS Vice Mayor Garbarino requested the meeting be adjourned in memory of Tom Malarkey. Councilmember Addiego reported on his attendance of the SFO Roundtable meeting, where reports on a shift from ground base navigational systems to satellite based systems and the potential impact on flight paths were discussed. He would keep Council informed. Mayor Matsumoto reminded viewers of Family Safety Day on Wednesday, April 16, 3:00 to 4:00 p.m. at the Main Library. She requested staff to pull out the City's contract with the Harbor District relative to the managing of Oyster Point. She was planning to show up at a Harbor District meeting and identify herself as Mayor and ask questions about her concerns on services provided. She saw a lot of room for enhancements, like reestablishing a fishing pier, but was concerned that all efforts were being pushed to Pillar Point. The Mayor reported being contacted by Supervisor Pine's office about holding a conference on sea level rise at the Conference Center and if the City would be a co- sponsor. Her research found that it would involve room rental, audiovisual and food service. She negotiated and for an audience of 400, the Conference Center would charge $1,500 and they would give them a discount of one -third to $1,000. A tentative date for the event was Friday, June 13 at 1:00 p.m. She asked Council if they were supportive of offering the room rental only. Council was agreeable. Her report out of BPAC was 10 projects had been funded but that the City's was twelfth, so it did not receive funding, but added there were additional grant opportunities that would be pursued. Also, the City was in the running for shuttle service through C /CAG, with the matter coming before them at their May meeting. She felt confident in the City's possibility of getting approval for shuttle service. REGULAR CITY COUNCIL MEETING APRIL 9, 2014 MINUTES PAGE 8 ADJOURNMENT Being no further business, Mayor Matsumoto adjourned the meeting at 9:35 p.m. Submitted by: Anna M. Brown, Deputy City Clerk City of South San Francisco REGULAR CITY COUNCIL MEETING MINUTES Approved by: Kar umoto, Mayor City of South San Francisco APRIL 9, 20 14 PAGE 9