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HomeMy WebLinkAboutMinutes 2016-07-27 @7:00�ouSN SAANr o� ti H U O CALL TO ORDER ROLL CALL MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO PLEDGE OF ALLEGIANCE Led by Shirley Spencer. AGENDA REVIEW REGULAR MEETING MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, JULY 27, 2016 7:00 p.m. Time: 7:01 p.m. Present: Councilmembers Garbarino, Normandy and Matsumoto, Vice Mayor Gupta and Mayor Addiego. Absent: None. No changes were immediately suggested. However, before Item No. 4 was heard, City Manager Futrell recommended moving Item No. 5 to the end of the meeting. Council agreed. PRESENTATIONS 1. Certificate of Recognition, The Topper Bar I 75th anniversary. (Rich Garbarino, Councilmember) Councilman Garbarino presented Lee Cattaneo, owner of the Topper Bar on Grand Avenue, with a Certificate of Recognition honoring the establishment's 75a` Anniversary. The Certificate noted that the Topper was opened in 1941 by Lee's parents, Ray and Reena Cattaneo. Over the years, the Cattaneo family has raised funds for youth baseball in South San Francisco allowing the City's children to participate. The City recognized and thanked the Cattaneo family for its contributions to the youth of the City. On behalf of his family, Mr. Cattaneo thanked the Council for the recognition. PUBLIC COMMENTS Kamala Silva Wolfe addressed Council. She began with an announcement about National Night Out, which would take place on Tuesday, August 2nd in several locations around the City, including the Paradise Valley Neighborhood. She next began a presentation honoring the South San Francisco Police Department in an effort to show support for the City's dedicated law enforcement officers during a difficult time for Police Officers nationally. She advised that she and a group of residents that gathered behind her had assembled Officer Survival Kits. The Survival Kits would be presented to the City's Police Department in thanks for the Officers' work and so that the Officers would know they are supported by their community. The Survival Kits included several treats to remind the officers they are appreciated. Various residents that were part of the effort stepped up to the podium to express their support for the Police Department and offer sincere thanks for the work the Department does in the community. Residents identified themselves as follows: Katie Albera Amy Albera Kristy Camacho, President of the South San Francisco Mothers' Club Shirley Spencer Sharon Albera Symphony Cyndi Alger Barbara Rubino Gary Rubino Nalani Anna Nastari Dana Lujan Roger Kane Mark Nagales Paul Formosa Brenda Rodriguez, Vice President South San Francisco Mothers' Club Steve Carey Mrs. Silva Wolfe closed by thanking the Council for allotting the time for the presentation. She encouraged other residents to come forward and express their appreciation to the Department. She left several of the Officer Survival Kits in the back of the Chambers and encouraged residents to take them and present them to Officers. On behalf of Chief of Police Azzopardi, Captain Carlino thanked Mrs. Silva Wolfe and all of the residents that expressed their appreciation so eloquently. He expressed the Department's deep gratitude for the sentiment and stated it was his pleasure to serve this City for over 24 years. He was truly grateful to be part of such a supportive community. Mayor Addiego thanked Mrs. Silva Wolfe for organizing this effort, and further for her work on the Everything South City website. He noted that in a time when the City didn't have a local newspaper, the website she hosts serves a valuable neighborhood news function. Resident Cyndi Marcopulos addressed Council regarding Measure W. She emailed her suggestions to the City last Friday and submitted a copy for the record of the meeting. She noted that South San REGULAR CITY COUNCIL MEETING JULY 27, 2016 MINUTES PAGE 2 Francisco is the Biotech Capital and has the opportunity to create first class services and facilities. She stated that at a presentation in June, the City discussed use of Measure W funds for City Hall, the Police Department and Library. She felt that Parks and Recreation improvements were barely addressed. She noted first rate facilities were necessary to attract and maintain high quality instructors. She believed enhanced facilities would serve future generations of South San Franciscans very well. A resident advised Council that she had lived in South San Francisco for 31 years. Like Mrs. Marcopulos, she had enjoyed the Parks and Recreation Department's offerings for years. She urged Council to please allocate some of the Measure W funds to Parks and Recreation, particularly in the area of fitness. Fitness is particularly important for recent retirees. She stated that the residents deserve more and better resources for generations to come. COUNCIL COMMENTS/REQUESTS Councilman Garbarino advised that the League of California Cities' Board, which he serves on, met with the Governor the preceding week to discuss Proposition 57 on the November 2016 Ballot. The Proposition could conceivably impact about 25,000 nonviolent state felons that could seek early release and parole under the proposed legislation. He provided examples of some of the crimes that were proposed for reduction from felonies to misdemeanors, including, but not limited to, assault with a deadly weapon, rape of an unconscious person, furnishing a weapon for use of a crime, battery, attempted arson and threatening a witness. He stated the Governor advised of his rationale which was that the State is under court mandate to reduce prison populations. By reducing these crimes to nonviolent, the prison system could be cleared out. The Councilman did not believe the legislation would accomplish what it said it would and might put repeat and violent offenders back on the streets. He urged voters to learn about the legislation. Councilman Garbarino next requested that the Council consider taking a position on AB 1362, impacting the San Mateo County Mosquito Abatement District, at an upcoming meeting of the City Council. Council agreed. Vice Mayor Gupta provided an update to the community on Peninsula Clean Energy (PCE). The County organization, which would soon be providing energy to residents at a lower cost than Pacific Gas and Electric Company (PG &E), would roll -out in two (2) phases. Notices from the entity would be forthcoming explaining which neighborhoods would be impacted first. Councilwoman Normandy queried whether the PCE cost savings estimate accounted for a recently approved 7% PG &E rate increase. Vice Mayor Gupta offered that no matter what takes place, PCE's rates would be lower than PG &E's rates. Councilwoman Matsumoto queried the source of compensation for PCE's employees. Vice Mayor Gupta replied that the PCE's revenues will cover staff costs despite the collection of lower rates. REGULAR CITY COUNCIL MEETING JULY 27, 2016 MINUTES PAGE 3 Councilwoman Matsumoto requested that the meeting be adjourned in honor of Dorothy Sorenson. Councilwoman Matsumoto queried whether the Poke Mon Application could be used to generate interest in the City. City Manager Futrell advised staff had considered this and even contacted Nintendo. However, due to the enormous level of interest, there was a long waiting list to become established with the program. Councilwoman Matsumoto relayed Planning Commissioner Khalfin's suggestion that when the time comes, extra traffic measures be put in place to accommodate the opening of the Dunkin Donuts at the old Hungry Hunter site. Mayor Addiego relayed resident Joanne D'Angelo's concerns about possible traffic violations at the intersection of Hickey Blvd. and El Camino Real which were causing conflicts with pedestrians in some instances. The Mayor further provided an update on the LED Street Lighting work, noting that he and some members of staff would be heading to the City of Davis to meet with its Mayor and tour the California Lighting Institute and Tech Center as well as to observe the advances in street lighting made in Davis. The Mayor also discussed the importance of enhancing recreational facilities for youth in the City. He requested the formation of an Ad Hoc Subcommittee to study ball fields in the community. Councilman Garbarino agreed to serve with the Mayor on that Committee. Councilwoman Matsumoto expressed serious concern over traffic in the City. She advised of residents' complaints pertaining to traffic flow and the lack of calming measures. She requested that there be a focus on development of a master plan for addressing traffic in the City. PUBLIC HEARING 2. Report on 475 Eccles Ave Office/R &D Project - Use Permit, Alternative Landscape Plan, Design Review, Preliminary Transportation Demand Management (TDM) Plan, Development Agreement and Environmental Impact Report to allow the construction of two four -story office/R &D buildings totaling 262,287 square feet, a five -level parking structure and other on- and off -site improvements on a 6.1 acre site in the Business Technology Park (BTP) Zone District, in accordance with South San Francisco Municipal Code Title 19, and Chapters 20.040, 20.110, 20.300, 20.310, 20.330, 20.400, 20.450, 20.460, 20.480, and 20.490. (Billy Gross, Senior Planner) 2a. Resolution No. 93 -2016 making findings and certifying an Environmental Impact Report including a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program for the 475 Eccles Avenue Office/Research and Development Campus Project. 2b. Ordinance adopting a Development Agreement for the development of a 6.1 acre Site for the 475 Eccles Avenue project in the Business and Technology Park Zoning District. 2c. Resolution No. 94 -2016 making findings and approving a Use Permit, Alternative Landscape Plan, Design Review, and Transportation Demand Management Plan for the development of a 6.1 acre site for the 475 Eccles Avenue Office /Research and Development Campus project. REGULAR CITY COUNCIL MEETING JULY 27, 2016 MINUTES PAGE 4 Public Hearing opened: 7:51 p.m. Planning Manager Mehra presented the staff report recommending that Council: 1) Adopt resolutions: 1) Making findings and certifying an Environmental Impact Report (EIR) including a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program for the 475 Eccles Avenue Office /Research and Development Campus; and B) Making findings and approving a Use Permit, Alternative Landscape Plan, Design Review, and Transportation Demand Management Plan for the development of a 6.1 acre site for the 475 Eccles Avenue Office /Research and Development Campus project; and 2) Waive reading and adopt an ordinance adopting a Development Agreement for the development of a 6.1 acre site for the 475 Eccles Avenue project in the Business and Technology Park Zoning District. Manager Mehra delivered a PowerPoint presentation providing a general overview of the project. The presentation included slides depicting the project location as well as perspective drawings. He highlighted sustainability measures for the project as follows: 1) LEED Silver target; 2) Compliance with Climate Action Plan; 3) Day-lighting and views for 90% of spaces; and 4) Other building and landscaping particulars. Manager Mehra next showed a slide depicting what he described as an aggressive Transportation Demand Management Program (TDM). He then provided the following details on the proposed Development Agreement: 1) Term of 12 years; 2) Park In -Lieu Fee; and a 3) Transit Station Enhancement Fee. Regarding CEQA compliance, the draft EIR identified impacts related to traffic and circulation. The final EIR responded to these comments and established a Mitigation Monitoring and Reporting Program as well as a Statement of Overriding Considerations for traffic impacts. Manager Mehra closed his presentation by reiterating staff's recommendations for Council. He noted that the applicant had brought a model so that Council might better visualize the proposal. Jose Cavo of CNS Architects provided a PowerPoint Presentation on the project. He advised the proposal was based on a very simple premise for organizing the buildings. The buildings were positioned on the site in such a way as to create a central plaza, which would serve as a focal point for tenants. The plaza, which was designed to be in a circular format, would provide an access point for entry into the buildings. Employees would come from the parking garage and travel down to the building entries. The driveway would loop around the entire perimeter of the project with entry points connecting to Eccles Avenue on both sides. A ceremonial central driveway finished in paved materials was also planned. Regarding landscaping, gardens were planned for the plaza and quite a number of large trees were slated to be installed around the perimeter of the property line. He explained the architectural concept was to create a sense of community space for employees. Regarding the buildings, they were designed to include the necessary research and development features, while including architectural and artistic features that conceal the external equipment and mechanical infrastructure. Eric Womeldorff, a Principal at Fehr & Peers Transportation Consulting Firm addressed Council regarding the TDM program. He advised Council the TDM program was thorough and went beyond the criteria for robustness. Specifically, the plan provided the following: 1) A 35% alternative commuting target; 2) Bicycling amenities; 3) Commuter assistance services; 4) Shuttle program; 5) Transit subsidies; 6) Vanpools and 7) Sustainability measures. A TDM Coordinator would oversee compliance with the program. Vice President of Real Estate for BioMed Realty, Mr. Pavili, closed the presentation by stating the group is committed to taking the long view in any community it works in. That is particularly the case in South San Francisco. He reaffirmed the entity's commitment to the City. REGULAR CITY COUNCIL MEETING JULY 27, 2016 MINUTES PAGE 5 Public Hearing closed and meeting recessed: 8:18 p.m. Meeting resumed: 8:34 p.m. Vice Mayor Gupta stated that during the break he reviewed the project as presented in the models available in the Council Chambers that evening. Based on his review and the presentations that evening, he was satisfied with the project. He believed it was very well designed. Councilwoman Matsumoto advised she had met with the applicant and had all of her questions answered. She expressed her support for the project, but advised staff of a general concern she had regarding the Eccles Avenue area generally. She believed the City's general approach to transportation in the area needed to be updated. The City's TDM program had not been updated since 2001. It was previously the first in the County and now was overtaken in terms of superiority by Redwood City and San Mateo. She emphasized that the last mile is important. She further recommended that the Public Works Department take the Bicycle and Pedestrian Advisory Committee East of 101 to review the conditions and make suggestions. She stated that it was critical these measures be updated so that problems would not be exacerbated with new developments coming in. Planning Manager Mehra responded that traffic modeling would be completed by the end of the year. He agreed with Councilwoman Matsumoto's statement that the last mile is the most critical point. He advised the City had commenced with a mobility study. Further, planning staff recently walked the site from City Hall to the Ferry Terminal and shares concerns regarding the traffic conflicts and obstacles to mobility. Additionally there are many urban impediments that make biking very difficult. It is planned that with the traffic modeling study and other appropriate steps, these concerns will begin to be remediated. Councilwoman Matsumoto next queried whether the park in lieu fee was going to be applied to parks in the East of 101 area or to parks City -wide. Manager Mehra responded the fee would be used for City -wide benefits. Councilwoman Normandy queried responsibility for hiring the TDM Coordinator. Manager Mehra responded that the City is responsible for hiring a third party to perform this function. Councilwoman Normandy further expressed concerns over parking. She noted the original Daily Journal article on the subject projected 900 employees, while the applicants estimate is closer to 750. Planning Manager Mehra stated staff was comfortable that the parking allocated would meet the demand. Mayor Addiego stated he was looking forward to seeing the transformation take shape on Eccles Avenue. REGULAR CITY COUNCIL MEETING JULY 27, 2016 MINUTES PAGE 6 Before moving to approval of the resolutions and ordinance, City Attorney Rosenberg advised Council he would need to add language to the entitlement Resolution (94 -2016) memorializing the public art commitment of the applicant. The new Condition, A -15, would memorialize the applicant's agreement to place additional art visible from the public right of way or installed in the open common area of the site. Motion — Councilwoman Normandy /Second -- Councilwoman Matsumoto: to approve Resolution No. 93 -2016. Unanimously approved by roll call vote. Motion — Councilman Garbarino /Second — Councilwoman Normandy: to approve Resolution No. 94 -2016 as amended to include a public art condition. Unanimously approved by roll call vote. Motion —Vice Mayor Gupta/Second—Councilwoman Matsumoto: to waive reading and introduce an ordinance adopting a Development Agreement for the development of a 6.1 acre site for the 475 Eccles Avenue project in the Business and Technology Park Zoning District. Unanimously approved by roll call vote. ADMINISTRATIVE BUSINESS 3. Report regarding Measure W update. (Marian Lee, Assistant City Manager) Assistant City Manager Lee presented the staff report providing an update on Measure W. She advised that no action was required from Council this evening. She stated that since the Council's last meeting on the topic in April 2016, a major milestone had been accomplished in that there was consensus on the project site for the civic campus that was being contemplated. Three (3) site plan options were available at the site. The plans looked similar but varied on parking and open space. A Town Hall Meeting on the subject was held on June 14, 2016 and was attended by 350 people. The meeting included an open house format with four (4) booths to focus on generating community input. The community provided very meaningful feedback at this meeting and has continued comments via email and U.S. Mail. The detailed comments are available online, so that everyone has access to the comments that were collected. Assistant City Manager Lee next summarized the community's comments at a high- level. Regarding parking, she noted a preference for options with structured parking and more open space. Community members understood these options came at a higher cost, but believed maximizing space for the growing needs of the community was more important. The community expressed traffic concerns and also expressed a preference for enhanced bike and pedestrian access to the site. Regarding buildings and design, there was a preference for sustainable construction and the inclusion of outdoor activities and amenities. There was substantial commentary on the need for enhanced fitness and recreation facilities, including active and passive recreation. Individual quiet reading spaces were suggested and the themes of lifelong learning and technology innovation were stressed. The need to provide enhanced and additional spaces for preschools was offered. These suggestions were in line with the strategic plans for the Parks and Recreation and Library Departments respectively. Community members also expressed the need for upgraded swimming pool facilities and a new soccer field. Assistant City Manager Lee advised these facilities would be too large to accommodate at the proposed civic center, but could be reviewed for location elsewhere. In parallel, the staff would be working on finding the right venues for Fire and Police needs. REGULAR CITY COUNCIL MEETING JULY 27, 2016 MINUTES PAGE 7 Assistant City Manager Lee next focused on the schedule and key next steps. Placeholder dates for the kickoff of construction of the new facility were roughly 2018 to 2020. Once the project delivery method was decided upon, this schedule would be updated. Updates would be provided for the remainder of this year and staff would be looking to Council for key decisions and guidance. She further advised Council that the applications for the Citizens' Oversight Committee were out with a deadline of August 26, 2016. Candidate selection by Council would take place in September. The Request for Quotes related to Program Management Services had gone out five (5) months ago and recommendations and an evaluation for selection of a service provider would be presented to Council around November. Staff was continuing to work on land acquisition efforts for proposal to Council. Additionally ongoing were site surveys and work with the Successor Agency, Oversight Board, other property owners and BART. These were the efforts staff would be focusing on for the next six (6) months, and staff would come back to Council with an update on progress in three (3) months. Vice Mayor Gupta complemented staff on the comprehensive effort. He stated staff had done a good job of getting feedback at the outset. He requested that staff consider seeking input from residents regarding trade -offs. For example, if more spending on structured parking and open space is desired, what other options would be cut? 4. Report regarding a resolution awarding a construction contract to Southwest Construction & Property Management of San Bruno, California for the Fire Station 64 Roof Girder Replacement Project based on the Base Bid and Bid Alternate #2 in an amount not to exceed $119,207 and authorizing a total construction budget of $160,929. (Sam Bautista, Principal Engineer) 4a. Resolution No. 95 -2016 awarding the construction contract to Southwest Construction & Property Management of San Bruno, California for the Fire Station 64 Roof Girder Replacement Project based on the Base Bid and Bid Alternate #2 in an amount not to exceed $119,207 and authorizing a total construction budget of $160,929. Principal Engineer Bautista presented the staff report recommending that Council adopt a resolution awarding a construction contract to Southwest Construction & Property Management in an amount not to exceed $119,207 and authorizing a total construction budget of $160,929. He explained the scope of the project would be to repair 54 deteriorating girders. He further explained the bidding process on the project and the selection of Southwest Construction and Property Management. With that, he recommended that Council approve the proposed resolution. Motion— Councilman Garbarino /Second— Councilwoman Normandy: to approve Resolution No. 95 -2016. Unanimously approved by roll call vote. 6. Report regarding resolution approving an amendment to the Consulting Services Agreement with MuniServices, LLC to extend the term of the Agreement to June 30, 2017. (Richard Lee, Finance Director) 6a. Resolution No. 96 -2016 approving an amendment to the Consulting Services Agreement with MuniServices, LLC to extend the term of the Agreement to June 30, 2017. Finance Director Lee presented the staff report recommending that Council approve an amendment to the Consulting Services Agreement with MuniServices, LLC to extend the term of the agreement REGULAR CITY COUNCIL MEETING JULY 27, 2016 MINUTES PAGE 8 to June 30, 2017. He advised Council that it was critical for the City and MuniServices to have access to sales tax data to complete their work. The State Board of Equalization requires a current agreement with the consultant in order to provide the data. The current agreement with MuniServices dates to 2001. Staff recognized the need to test the market and intended to issue a Request for Proposals to have a new contract in place by July 1, 2017. In the meantime, the amendment was necessary to permit the City and consultant to proceed with their work. Councilwoman Matsumoto queried whether MuniServices was the consultant monitoring Transient Occupancy Tax (TOT) for the Conference Center. Staff so confirmed. Councilmembers asked for a general update on the status of the County -wide sales tax issue. Staff agreed to provide this update. Motion —Vice Mayor Gupta/Second— Councilwoman Normandy: to approve Resolution No. 96- 2016. Unanimously approved by roll call vote. 7. Report recommending City Council to adopt a resolution approving a Purchase Agreement with Dell Inc. for storage area networks, servers and virtualization software for the Police Department and City side network for Fiscal Year 2016 -2017 in an amount not to exceed $294,288 and authorizing the City Manager to execute the agreement. (Tony Barrera, IT Manager) 7a. Resolution No. 97 -2016 approving a Purchase Agreement with Dell, Inc. for storage area networks, servers and virtualization software for the Police Department and City network for FY2016 -2017, in an amount not to exceed $294,288 and authorizing the City Manager to execute the agreement. Information Technology Manager Barrera presented the staff report recommending that Council adopt a resolution approving a Purchase Agreement with Dell, Inc. for storage area networks, servers and virtualization software for the Police Department and City network for FY 2016 -2017, in an amount not to exceed $294,288 and authorizing the City Manager to execute the agreement. Manager Barrera advised that multiple of the City's servers were at 90% disk capacity. Three (3) had reached end of life and were no longer on maintenance contracts. In addition the City's needs with respect to scalable and virtual environments had changed making this agreement with Dell, Inc. necessary. Accordingly, staff recommended approval of the agreement. Councilwoman Normandy questioned the terms of warranty asking whether it included an onsite service provision. Manager Barrera responded it was a hardware warranty only. In other words, the vendor would not provide onsite repairs. In response to an inquiry as to whether these systems would provide storage for body camera videos, Manager Barrera advised a separate storage system would need to be purchased for this purpose. Motion —Vice Mayor Gupta/Second— Councilwoman Normandy: to approve Resolution No. 97- 2016. Unanimously approved by roll call vote. REGULAR CITY COUNCIL MEETING JULY 27, 2016 MINUTES PAGE 9 CONSENT CALENDAR 8. Motion to approve the minutes of meetings of July 13, 2016. 9. Motion confirming payment registers for July 27, 2016. (Richard Lee, Finance). 10. Staff Report regarding a resolution authorizing the acceptance of $25,000 in grant funding from the Woodlawn Foundation to support the Community Learning Center's after - school homework programs and amending the Library Department's FY2016 -2017 Operating Budget. (Valerie Sommer, Library Director) 10a. Resolution No. 98 -2016 authorizing the acceptance of $25,000 in grant funding from the Woodlawn Foundation to support the Community Learning Center's after - school homework programs and amending the Library Department's FY 2016 -2017 Operating Budget. 11. Report regarding motion to waive reading and adopt an Ordinance to amend Section 2.60.050 ( "Meetings ") of the South San Francisco Municipal Code to change the regular meeting time for the Parks and Recreation Commission from the fourth Thursday in the month to the third Tuesday in the month. (Sharon Ranals, Director of Parks and Recreation) I la. Ordinance No. 1521 -2016 amending Section 2.60.050 of the South San Francisco Municipal Code to change the regular meeting time for the Parks and Recreation Commission from the fourth Thursday in the month to the third Tuesday of the month. 12. A report regarding a resolution approving a sublease agreement with Cool Tea Bar, LLC for the commercial space at 630 El Camino Real and authorizing the City Manager to execute said agreement. (Ron Gerber, ECD Manager) 12a. Resolution No. 99 -2016 approving a sublease agreement with Cool Tea Bar, LLC for the commercial space at 630 El Camino Real and authorizing the City Manager to execute said agreement. The Consent Calendar was duly read by the City Clerk, after which discussion was had on specific items as follows: Discussion regarding Consent Calendar Item No. 9: Councilwoman Normandy queried the description relating to the relocation of phones and credit card equipment in several departments. Finance Director Lee responded that the charge related to Kelso Communications which assisted with moving technology equipment from the City Hall Annex to the temporary space in the Miller Avenue Parking Garage, and then back to the Annex during the time the Annex was renovated. Councilwoman Normandy next queried page 3/32 relating to the City Council Budget. Staff advised the queried line item related to Council equipment purchases. Councilwoman Normandy requested a detailed history of Council equipment purchases over the past five (5) years. REGULAR CITY COUNCIL MEETING JULY 27, 2016 MINUTES PAGE 10 Councilwoman Matsumoto queried the sister cities expenses reflected on page 21/32. Councilwoman Matsumoto stated it was her recollection that the City's responsibility is to host a dinner and provide gifts. She noted that the expenses for the recent visit of officials from the City of Atotonilco, Mexico included City expenses for transportation and other costs. Councilmembers agreed the costs related to the provision of services were beyond what had been provided in the past. They agreed to revisit the issue of sister cities obligations at an upcoming meeting. Councilwoman Matsumoto next requested an itemized breakdown of the roughly $140,000 spent on the BIO 2016 Conference. Discussion regarding Consent Calendar Item No. 12: Councilwoman Normandy queried the sublease of the retail space located at 636 El Camino Real to Cool Tea Bar, LLC (Cool Tea Bar). She understood the purpose of the retail space at that location to be for the encouragement and placement of mom -and -pop type startups and local businesses. She further understood Cool Tea Bar to be a franchise, which was inconsistent with this purpose. Community Development Coordinator Lappen advised that Cool Tea Bar was currently operated by a single owner and was not yet franchised. This would be the owner's fourth shop. He further explained that the sublease process was overseen by SC Properties, which prepared marketing material and advertised for two (2) units at 636 El Camino Real utilizing standard real estate advertising resources. Staff also informed local realtors that the units were available to lease. In June, the property manager received two formal proposals to sublease 630 El Camino Real from Cool Tea Bar and Antigua. Staff and SC Properties reviewed the proposal packages from the two potential tenants. Both proposals were evaluated on the following criteria: 1. Financial information; 2. Proposed rent and tenant improvement credit; 3. The strength of their credit and capital resources; 4. The business plan and concepts to build a customer base; 5. Type of business (start-up, independent or chain); 6. Potential ability to succeed in the unit; and 7. Potential fit with the neighboring community and existing retail mix. As a result of this review Cool Tea Bar was selected. Councilwoman Normandy questioned whether Cool Tea Bar was the best choice for fit with the neighboring community and existing retail mix given the proximity of Eggettes. Coordinator Lappen responded that it was similar to the concept of having several coffee establishments in the Downtown area. City Manager Futrell reminded Council that this property was owned by the Successor Agency and subject to Oversight Board control. Accordingly, staff prioritized the return for the taxing entities as it is essentially mandated to select the highest value agreement. He noted the offer from Cool Tea was significantly higher than the offer from Antigua. Mayor Addiego queried whether Cool Tea could franchise this store later. Staff stated such restrictions could be added to the agreement. Motion — Councilwoman Normandy /Second Councilman Gupta: to approve the Consent Calendar. Unanimously approved by roll call vote. REGULAR CITY COUNCIL MEETING JULY 27, 2016 MINUTES PAGE 11 5. Study Session regarding Council options under Senate Bill 415, the California Voter Participation Rights Act, affecting local government entities that conduct their regular elections in odd - numbered years, or on any election date other than a "statewide election date." (Jason Rosenberg, City Attorney and Krista Martinelli, City Clerk) City Clerk Martinelli presented the staff report recommending that Council consider its options under Senate Bill 415, the California Voter Participation Rights Act (the Act), and provide direction to the City Clerk and staff regarding how it wished to proceed. She began by explaining that the Act impacts cities like South San Francisco with odd year election cycles, or any other election date inconsistent with statewide elections. It requires cities in this circumstance and meeting certain voter turnout criteria to align their elections with statewide elections by 2022. By January 1, 2018, the City would either have to make these changes or develop a plan to implement these changes before 2022. It would be unlawful to hold an odd year election after 2018 without a plan in place, and unlawful to hold an odd year election after 2022, even with an established plan. City Clerk Martinelli advised the City of South San Francisco meets the criteria required to align its elections with statewide elections under the Act. The Act applies if the voter turnout as a percentage of registered voters in any one of the City's last four (4) municipal elections is at least 25% less than the 61.43% average turnout in statewide elections in 2008, 2010, 2012 and 2014. Any of the City's voter participation numbers in municipal elections since 2009 meets this criteria as was demonstrated by a chart displayed via PowerPoint and reflecting voter participation numbers of 22.4 %, 24.2%,21.8% and 26.8% in 2009, 2011, 2013 and 2015 respectively. Accordingly, the City must comply with the law by taking action before January 1, 2018. While no action was necessary until that date, several of the options were time sensitive. The Clerk and staff preferred that Council be presented with all options as opposed to waiting until some possibilities had expired. Accordingly, Council would be presented with all potential options under the Act for its consideration. The Clerk next moved to a presentation of Council's options for compliance. She explained that while many combinations were possible, the question essentially boiled down to variations on the choices of extending or decreasing current elected officials' terms by a year and /or modifying terms in upcoming elections on a one time basis to include three (3) or five (5) year terms. The three basic options at Council's discretion were as follows: 1) Consolidate local elections with statewide elections beginning in 2018 by ordinance; 2) Adopt a plan by January 1, 2018 to consolidate local elections with statewide elections by 2022 with changes made by ordinance; and 3) Place any one of these options on the 2017 or 2018 ballot. The City Clerk explained various iterations of these options. She further provided detail on the 12 similarly impacted San Mateo County jurisdictions noting that to date, the City of Millbrae had taken action to extend seated elected officials' terms by one (1) year and move the 2017 and 2019 elections to 2018 and 2020 respectively. She further relayed the County Elections Office advisement that cities remaining on odd year election cycles through the transition might see their overall election costs increase as the pool of cities on odd year election cycles became smaller. Vice Mayor Gupta understood the law required Council to bring the City in compliance by selecting one of the options set forth in the City Clerk's report. He queried whether there was any conflict in an action by a City Council to extend Councilmembers' terms. City Attorney Rosenberg felt comfortable saying the Council could proceed with an action that would extend or shorten its terms. The City Attorney's Office sought informal advice from the FPPC on this issue. Based on the informal analysis, it was concluded that it was not a conflict of REGULAR CITY COUNCIL MEETING JULY 27, 2016 MINUTES PAGE 12 interest. In fact, the FPPC likened it to the situation in which unchallenged incumbents must vote to cancel the election and appoint the incumbent members to another term. Vice Mayor Gupta expressed a preference for option 1 extending the seated elected officials' terms by a year and holding the City's next elections in 2017 and 2019. He believed this to be the most straightforward option that would bring the City into compliance as soon as possible. Councilman Garbarino agreed. Councilwoman Normandy stated it was important to come to resolution of the issue soon so that current elected officials and the potential pool of candidates would have sufficient time to plan a campaign if necessary. Mayor Addiego agreed. Councilwoman Matsumoto expressed her preference for Option 1, in concordance with the other Councilmembers. She believed it would offer the most consistency of all the options. She further noted the difficulties of running a campaign and didn't believe it would be fair for a successful candidate to have to run again in three (3) years. Mayor Addiego queried whether a ballot measure on the subject would be advisory or binding on the City. City Clerk Martinelli advised the results of a ballot measure would be binding on the City. Councilwoman Matsumoto queried the ordinance process, noting her understanding that the issue would come before Council two (2) times. The public could weigh in on the issue at either of those meetings. City Attorney Rosenberg confirmed that based on Council's direction this evening, he would bring an ordinance extending seated elected officials' terms by one (1) year, cancelling the 2017 and 2019 elections and aligning the City's election with statewide election in 2018. The ordinance would be introduced and then adopted at two separate meetings. The public would have the opportunity to weigh in at these sessions. Mayor Addiego queried whether the City Clerk had any opinion on the preferred option. City Clerk Martinelli thanked the Mayor for the opportunity to weigh in and stated that, pursuant to her role, she would remain neutral with respect to options. Her primary concern was that the potential pool of candidates for upcoming elections would have sufficient notice of any changes to permit them to run respective fair campaigns. At the City Attorney's request, Council confirmed that it wanted the ordinance to be brought for introduction at the August 24, 2016 regular meeting of the City Council. REGULAR CITY COUNCIL MEETING JULY 27, 2016 MINUTES PAGE 13 ITEMS FROM COUNCIL - COMMITTEE REPORTS AND ANNOUNCEMENTS Councilmembers raised the issue of publicity for the National Night Out event on August 2, 2016. City Manager Futrell advised that staff would confirm the neighborhoods that would be participating and include information on the City's website forthwith. ADJOURNMENT Being no further business, Mayor Addiego adjourned the meeting at 10:18 p.m. in honor of Dorothy Sorenson. REGULAR CITY COUNCIL MEETING MINUTES Approved by: —Waj- v Mark Xddiego, Mayor City of South San Francisco JULY 27, 2016 PAGE 14