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HomeMy WebLinkAboutMinutes 2018-01-24 @7:00WEDNESDAY, JANUARY 24, 2018 7:00 p.m. CALL TO ORDER Time: 7:00 p.m. ROLL CALL Present: Councilmembers Addiego, Garbarino and Gupta, Mayor Pro Tempore Matsumoto and Mayor Normandy. Absent: None. PLEDGE OF ALLEGIANCE Led by Fire Chief Kohlman. AGENDA REVIEW None. ANNOUNCEMENTS FROM STAFF None. PRESENTATIONS 1. Presentation to Fire Chief Gerald Kohlmann on his retirement from the South San Francisco Fire Department. (Liza Normandy, Mayor). Mayor Normandy presented a Certificate of Recognition to Fire Chief Kohlman on the occasion of his retirement from the City. Councilmembers commended Chief Kohlman for his commitment to customer service and for his leadership in reorganizing the Department. Chief Kohlman thanked Council for the recognition. He commended his colleagues on City staff and in the Department for their commitment to the City. He praised Councilmembers for their love of their City and their commitment to community service. MINUTES °`' S'"�A9� CITY COUNCIL oQSQ F y CITY OF SOUTH SAN FRANCISCO U (O cgLIT0RNIQ• REGULAR MEETING MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, JANUARY 24, 2018 7:00 p.m. CALL TO ORDER Time: 7:00 p.m. ROLL CALL Present: Councilmembers Addiego, Garbarino and Gupta, Mayor Pro Tempore Matsumoto and Mayor Normandy. Absent: None. PLEDGE OF ALLEGIANCE Led by Fire Chief Kohlman. AGENDA REVIEW None. ANNOUNCEMENTS FROM STAFF None. PRESENTATIONS 1. Presentation to Fire Chief Gerald Kohlmann on his retirement from the South San Francisco Fire Department. (Liza Normandy, Mayor). Mayor Normandy presented a Certificate of Recognition to Fire Chief Kohlman on the occasion of his retirement from the City. Councilmembers commended Chief Kohlman for his commitment to customer service and for his leadership in reorganizing the Department. Chief Kohlman thanked Council for the recognition. He commended his colleagues on City staff and in the Department for their commitment to the City. He praised Councilmembers for their love of their City and their commitment to community service. PUBLIC COMMENTS None. COUNCIL COMMENTS /REQUESTS Councilman Garbarino and Councilman Addiego requested that the meeting be adjourned in honor of Roy Giovanni Uccelli. He noted that Mr. Uccelli, who was born in 1924, came from a family that farmed in South San Francisco, which dated back to 1894. Mr. Uccelli was a partner at the South San Francisco Scavenger Company and was dedicated to our City. He left behind his wife Emily, three (3) daughters and four (4) grandchildren. Councilman Addiego requested that the meeting be adjourned in honor of Romolo John Braschi, who passed away at the age of 93. He recalled Mr. Braschi as the Principal of Sunshine Gardens Elementary School and later as a member of the South San Francisco Unified School District Board of Trustees. He was dedicated to education and was a gentle soul. Mayor Pro Tempore Matsumoto reminded staff of her request that a • Senior Services Plan be addressed in the upcoming budget cycle. She also raised concerns over an article she had seen regarding Greenland Group, the Oyster Point Development Real Estate Investor from Shanghai. The article detailed that Greenland withdrew from a 1.9 million square foot project in Southern California and closed with discussion of a three (3) month old revelation that Greenland would sell- off the Oyster Point land. She wanted to make her fellow Councilmembers aware of the issue and requested that staff look into the situation and seek confirmation from Greenland. At the request of Mayor Normandy, Chief of Police Azzopardi announced that Officer Chon, who had been attacked by a suspect on Thanksgiving Day 2016, had been cleared for light duty. The Department and its staff were uplifted by his return and inspired by his message of forgiveness. Chief Azzopardi thanked Council, staff and the community for supporting Officer Chon and the Department through this time. PUBLIC HEARING 2. Report regarding an ordinance amending Chapter 20.410 of the South San Francisco Municipal Code to prohibit indoor commercial cultivation of cannabis and cannabis microbusinesses, and to permit commercial cannabis manufacturing, testing, distribution, and delivery uses. (Rozalynne Thompson, Associate Planner) 2a. Ordinance amending Chapter 20.410 of the South San Francisco Municipal Code to prohibit indoor commercial cultivation of cannabis and cannabis microbusinesses and to permit commercial cannabis manufacturing, testing, distribution, and delivery uses. Director of Economic and Community Development Greenwood presented the staff report recommending that Council adopt an ordinance amending Title 20 of the South San Francisco Municipal Code to prohibit commercial cannabis microbusinesses and commercial cannabis indoor cultivation, citywide, and to regulate commercial cannabis manufacturing, distribution, testing, and delivery -only activities in accordance with South San Francisco Municipal Code Chapter 20.550. He explained that the proposed zoning amendments would prohibit indoor cultivation and cannabis microbusinesses and conditionally permit manufacturing, testing, distribution, and delivery -only REGULAR CITY COUNCIL MEETING JANUARY 24, 2018 MINUTES PAGE 2 uses. Director Greenwood explained that due to the Biotech Industry's prominence in the City, staff had experience regulating manufacturing, testing, distribution and delivery. Director Greenwood displayed slides of maps showing where the conditionally permitted uses would be allowed. Public Hearing opened: 7:24 p.m. Local business owner Joe Marzouk addressed Council. He stated that seven (7) years ago he emigrated from Egypt. He had opened stores in shopping centers all around the Bay area. He opined there was no point in banning the sale of Marijuana. The City could collect tax on the sale and would lose money based on the prohibition. Further, purchasers would be able to obtain the product in neighboring cities irrespective of South San Francisco's prohibition. Small business owner Jean Martin addressed Council. She requested that Council consider removing the security guard requirement from delivery service businesses. She noted that a security guard would cost roughly $42,000 /year and would be cost prohibitive to a small business such as hers. She further opined the threat facing a delivery service location to be minimal as the space is typically small and obscure. Mayor Normandy thanked the speakers for their comments. She reminded the public that the Council had been against retail and outdoor cultivation since its first study session on the topic in November 2016. She queried staff regarding the impact of the proposed legislation including issues related to applications and licenses. City Attorney Rosenberg advised that even if the ordinance was approved this evening, it would require a second reading to pass. Upon second reading, the ordinance would not be effective until May 2018. The ordinance would not limit the number of licenses for conditionally permitted uses, but would define permissible locations. In response to a question from Councilman Gupta, City Attorney Rosenberg advised the ordinance is abundantly clear that the operating permits may be revoked upon any credible threat of federal action against locally permitted cannabis uses. Councilman Gupta advised he would support the recommended action, but cautioned that safety and responsibility are contemporaneous with these newly permitted uses. Councilman Addiego noted that he differed from his colleagues on the issue of indoor cultivation and would likely vote against the legislation due to its prohibition. In response to an inquiry from Councilman Garbarino, City Attorney Rosenberg confirmed that anyone could grow six (6) plants for personal use indoors. However, the City's ordinance would ban commercial cultivation whether indoor or outdoor. Councilman Garbarino expressed a preference to remove the conditionally permitted uses from borderline residential areas such as South Linden and Maple Avenues as well as near the end of Shaw Road bordering upon a San Bruno Pocket Park. In response to an earlier public comment, he questioned the amount of revenue cities would make on taxes from the sale of cannabis, as he believed most of the sales were made in the underground market. He supported the legislation to the extent it allowed the City to regulate uses permitted by the state. REGULAR CITY COUNCIL MEETING JANUARY 24, 2018 MINUTES PAGE 3 Mayor Normandy indicated that she might consider indoor cultivation as a conditionally permitted use given the other indoor farms permitted in the City. Based on comments from the public and Council and at the request of Mayor Normandy, City Attorney Rosenberg stated the proposed Ordinance could be modified as follows to: 1) only allow the conditionally permitted uses in the East of 101 area; and 2) place the need for increase or decrease of security guard coverage for delivery uses at the discretion of the Chief of Police. Regarding the issue of permitting indoor commercial cultivation, Council could strike part 5 of the proposed ordinance – prohibiting indoor commercial cultivation- and the moratorium would remain intact. Staff could come back at a later time and propose regulations that would conditionally permit indoor cultivation. Councilmembers approved of this approach. Public Hearing closed: 8:05 p.m. Motion — Councilman Addiego /Second — Councilman Garbarino: to waive reading and introduce an ordinance amending Chapter 20.410 of the South San Francisco Municipal Code as revised to limit the conditionally permitted uses to the East of 101 area, amending the proposed security requirement such that the Chief of Police may reserve the right and may require the number of guards increased or decreased as necessary and finally to strike in full the portion prohibiting indoor commercial cultivation. Approved by the following roll call vote: AYES: Councilmen Gupta, Garbarino and Addiego and Mayor Normandy; NAYS: Mayor Pro Tempore Matsumoto; ABSTAIN: None. ABSENT: None. Mayor Pro Tempore Matsumoto advised she was not comfortable making decisions on the currently proposed cannabis regulations until the enforcement picture becomes clearer. ADMINISTRATIVE BUSINESS 3. Report regarding a resolution authorizing the City Manager to execute a consulting services agreement with Lotus Water of San Francisco, California for the Orange Memorial Park Storm Capture Project (Project No. sd1801) in an amount not to exceed $751,791 for a total budget of $900,000. (Justin Lovell, Public Works Administrator and Mo Sharma, Project Manager, CSG Consultants) 3a. Resolution No. 17 -2018 authorizing the City Manager to execute a consulting services agreement with Lotus Water of San Francisco, California for the Orange Memorial Park Storm Capture Project (Project No. sd1801.) in an amount not to exceed $751,791 for a total budget of $900,000. Public Works Administrator Lovell introduced the staff report and recommended that Council adopt a resolution authorizing the City Manager to execute a Consulting Services Agreement with Lotus Water of San Francisco, California for the Orange Memorial Park Water Capture Project in an amount not to exceed $751,791 for a total budget of $900,000. Administrator Lovell then introduced Mr. Sharma of CSG Consultants, the Project Manager for the Orange Memorial Park Water Capture Project to provide a PowerPoint presentation on the recommendation. REGULAR CITY COUNCIL MEETING JANUARY 24, 2018 MINUTES PAGE 4 Mr. Sharma provided a PowerPoint Presentation explaining the Orange Memorial Park Water Capture Project. He advised the proposal embodied the most cost effective way to meet the state mandate. Mr. Sharma further provided background on the agreement with Caltrans that would help fund the project. He stated that in April 2017 Caltrans and the City executed a contract stating that the City would provide land and complete the project required studies, design, permits, construction, testing and reports by June 30, 2020. Caltrans would reimburse the City for the project costs up to 9.5 million dollars as per its approved allocations for activities each year. The City agreed to maintain the project improvements. Mr. Sharma stated this was the most cost effective way to meet state mandates by: 1) conserving and re -using water resources; 2) reducing downstream flooding by detaining portions of peak flows in Colma Creek; and 3) helping to meet the Municipal Regional Permit requirements for the City and Caltrans. Mr. Sharma explained the competitive proposal and interview process which resulted in the selection of Lotus Water of San Francisco, because it offered the qualifications and services most responsive to the City's project. Mayor Pro Tempore Matsumoto approved of the project; however she was concerned that South San Francisco was shouldering the burden of other cities further up the chain, including San Francisco. She queried why the water wasn't being captured in these cities before reaching South San Francisco. Mr. Sharma acknowledged South San Francisco was taking a leadership role in this regard and being conscientious. He believed this is why Caltrans was willing to partner and provide $9.5 million in funding. In response to a question from Councilman Gupta, Administrator Lovell advised the basin would remain suitable for park use and general recreation would not be restricted. In response to a question from Councilman Addiego, Mr. Sharma confirmed the basin had a capacity of six (6) acre feet. Motion — Councilman Gupta/Second— Councilman Addiego: to approve Resolution No. 17 -2018 Unanimously approved by roll call vote. Recess: 8:45 p.m. Meeting resumed: 8:52 p.m. 4. Report regarding a resolution authorizing the City Manager to execute a consulting services agreement with Akel Engineering Group, Inc. of Fresno, California for the Sewer Master Plan (Project No. ss1801) in an amount not to exceed $372,724 for a total budget of $428,632. (Sam Bautista, Principal Engineer) 4a. Resolution No. 18 -2018 authorizing the City Manager to execute a consulting services agreement with Akel Engineering Group, Inc. of Fresno, California for the Sewer Master Plan (Project No. ssl801) in an amount not to exceed $372,724 for a total budget of $428,632. Principal Engineer Bautista presented the staff report recommending that Council approve a resolution authorizing the City Manager to execute a Consulting Services Agreement with Akel REGULAR CITY COUNCIL MEETING JANUARY 24, 2018 MINUTES PAGE 5 Engineering Group, Inc. of Fresno, California for the Sewer Master Plan in an amount not to exceed $372,724 for a total budget of $428,632. Engineer Bautista advised the Master Plan would cover the area West of 101. He reminded Council that consulting services bid reviews are not adhered to the lowest bidder requirement and instead rely on expertise, skill and experience evaluations. Further, there were no Disadvantaged Business Enterprise (DBE) requirements as the project was locally funded. After careful review, the interview panel selected Akel Engineering Group, Inc. for its extensive sewer master planning expertise. Akel prepared similar plans for numerous communities in California and Washington and had also worked with the City and prepared the East of 101 Sewer Master Plan. Mayor Pro Tempore Matsumoto commented she was surprised to learn the City had a Sewer Master Plan for the East of 101, but not the West where residents live. She queried whether there were other infrastructure areas such as this that needed to be caught -up. Engineer Bautista advised this was the main area that needed to be caught -up due to the development boom in the City. He believed the last time the sewer plan for this area was reviewed was around 1999. Councilman Addiego queried the possibility of an impact fee to fund infrastructure needs of this nature. Engineer Bautista agreed such fees could address these needs and stated the issue was being studied. In response to inquiry from Councilman Addiego, Mr. Akel of Akel Engineering Group advised that as part of the study pursuant to the consulting agreement, his group might find capacity restrictions and condition information related to an ageing system. Mayor Pro Tempore Matsumoto queried whether the review would address a major earthquake scenario. Mr. Akel stated this was a planning study aimed at assessing flow and condition. It would not address an earthquake scenario. Motion —Mayor Pro Tempore Matsumoto /Second — Councilman Garbarino: to approve Resolution No. 18 -2018. Unanimously approved by roll call vote. 5. Report regarding a resolution supporting the South City Shuttle Project; authorizing the submittal of an application for the San Mateo County Shuttle Program Funding in an amount of $836,000; and committing a matching contribution of $279,000 from South San Francisco Local Measure A funds. (Justin Lovell, Public Works Administrator) 5a. Resolution No. 19 -2018 supporting the South City Shuttle project; authorizing the submittal of an application for the San Mateo County Shuttle Program Funding in an amount of $836,000; and committing a matching contribution of $279,000 from South San Francisco Local Measure A funds. Public Works Administrator Lovell presented the staff report recommending that Council adopt a resolution supporting the South City Shuttle Project and authorizing the submittal of an application REGULAR CITY COUNCIL MEETING JANUARY 24, 2018 MINUTES PAGE 6 for the San Mateo County Shuttle Program Funding in an amount of $836,000 and committing a matching contribution of $279,000 from South San Francisco Local Measure A funds. Administrator Lovell provided a PowerPoint presentation reviewing the history of the shuttle, displaying the new graphics wrapping the shuttle in 2017 and reviewing maps of the shuttle's current routes. He also showed a ridership graph demonstrating the shuttle had reached peak ridership in its current configuration. Administrator Lovell advised the grant would permit the City to add a second shuttle to the program and alleviate the capacity issue presently facing the service. In response to a question from Councilman Addiego, Administrator Lovell confirmed the new shuttle would be running in the opposite direction of the current route. Councilman Gupta stated support for the program and appreciated the flexibility that would be provided by a second shuttle route. In response to a question from Councilman Gupta regarding electronics restrictions on the shuttle, Administrator Lovell advised the intent was to make sure that passengers were not disturbed by loud cell phone conversations or music. Mayor Pro Tempore Matsumoto stated that while she would support this proposal at the TA, she was not in support of using the one (1) shot at funding for this application. She believed a route focused on serving the needs of multiple schools in the District might be the best use. Motion — Councilman Gupta/Second— Councilman Garbarino: to approve Resolution No. 19 -2018. Unanimously approved by roll call vote. 6. Report regarding resolution of the City of South San Francisco approving the application for Land and Water Conservation Fund Orange Memorial Park Phase 1 Multi- purpose Sports Field Project in an amount not to exceed $2,000,000. (Sharon Ranals, Parks and Recreation Director) 6a. Resolution No. 20 -2018 of the City of South San Francisco approving the application for Land and Water Conservation Fund for Orange Memorial Park Phase 1 Project not to exceed $2,000,000. Director of Parks and Recreation Ranals presented the staff report recommending that Council approve an application for Land and Water Conservation Fund for Orange Memorial Park Phase 1 Project not to exceed $2,000,000. She advised an application from the City would require a resolution certifying that the Council approves of the application and of availability of eligible matching funds before submitting an application to the State. A minimum match of 50 percent is required for the grant. Director Ranals advised the proposed application would help to fund Phase 1 of the rehabilitation and expansion of Orange Memorial Park. The proposal includes City -owned vacant property adjacent to the current park site that would be combined with the existing park to create a larger regional facility. In accordance with the 2007 Orange Park Master Plan, the expanded park would include multiple baseball and soccer fields, a playground, restroom and concession building, picnic areas, community gardens and additional amenities for public use. In response to a question from Councilman Garbarino, Director Ranals advised artificial turf was intended to be proposed for the fields, but cork and sand could be utilized as opposed to rubber. REGULAR CITY COUNCIL MEETING JANUARY 24, 2018 MINUTES PAGE 7 Motion — Councilman Gupta/Second— Councilman Garbarino: to approve Resolution No. 20 -2018. Unanimously approved by roll call vote. 7. Report regarding a resolution authorizing the City Manager to approve a purchase /installation agreement with Calcon Systems of San Ramon, California for the purchase and installation of variable frequency drives for the Sewer Pump Station No. 9 Variable Frequency Drives (VFDs) Replacement Project (Project No. ss1602) in an amount not to exceed $109,901 for a total project budget of $137,376. (Sam Bautista, Principal Engineer) 7a. Resolution No. 21 -2018 authorizing the City Manager to approve a purchase /installation agreement with Calcon Systems of San Ramon, California for the purchase and installation of variable frequency drives for the Sewer Pump Station No. 9 Variable Frequency Drives (VFDs) Replacement Project (Project No. ssl602) in an amount not to exceed $109,901, for a total project total of $137,376. Principal Engineer Bautista presented the staff report recommending that Council approve a purchase /installation agreement with Calcon Systems of San Ramon, California for the purchase and installation of variable frequency drives for the Sewer Pump Station No. 9 Variable Frequency Drives Replacement Project in an amount not to exceed $109,901 for a total project budget of $1 37,376. Engineer Bautista advised two (2) variable frequency drives at Pump Station four (4) had reached their useful life. Replacing these with two (2) new drives would maintain the efficiency and effectiveness of the pump. In response to a question from Councilman Gupta, Engineer Bautista advised the new VFDs would be capable of maintenance and repair. Motion — Councilman Gupta/Second— Councilman Addiego: to approve Resolution No. 21 -2018. Unanimously approved by roll call vote. CONSENT CALENDAR 8. Motion to approve the Minutes from the meeting of December 4, 2017 and January 10, 2018. 9. Motion confirming payment registers for January 24, 2018. (Richard Lee, Director of Finance) 10. Report regarding a motion to accept the 2017 Slurry Seal Project as complete in accordance with plans and specifications, total construction cost $835,287. (Matt Ruble, Sr. Civil Engineer) 11. Report regarding a resolution approving the transfer of funds previously appropriated for Oyster Point Development to a new and separate fund. (Richard Lee, Director of Finance) 11 a. Resolution No. 22 -2018 approving the transfer of all budget appropriations and expenses related to the Oyster Point Development to a new and separate fund. 12. Report regarding adoption of an Ordinance amending Chapter 8.67 to the South San Francisco Municipal Code revising the method of calculation for the Parkland Acquisition Fee and a Parks Construction Fee for Non - Residential Developments. (Richard Lee, Director of Finance) 12a. Ordinance No. 1550 -2018 amending Chapter 8.67 to the South San Francisco Municipal Code revising the method of calculation for the Parkland Acquisition Fee and a Parks Construction Fee for Non - Residential Development. REGULAR CITY COUNCIL MEETING JANUARY 24, 2018 MINUTES PAGE 8 Item No. 9: In response to a question from Mayor Pro Tempore Matsumoto regarding a payment to Barrango, Finance Director Lee advised the payment was for the last three (3) months of holiday decorations. In response to a question regarding the nature of work done at Alta Loma Park, Director Ranals advised the playground was replaced. Item No. 10: In response to a question from Mayor Pro Tempore Matsumoto, Engineer Bautista advised West Winston Manor was slurry sealed. The Mayor Pro Tempore advised she would like streets all over the City to be reviewed for this treatment. Item No. 11: Mayor Pro Tempore queried the funding source relative to the Oyster Point DDA. Director of Finance Lee replied the funding source was comprised of funds from the former Redevelopment Agency, including $29 million in escrow. Motion — Councilman Garbarino /Second — Councilman Gupta: to approve the Consent Calendar. Unanimously approved by roll call vote. ITEMS FROM COUNCIL - COMMITTEE REPORTS AND ANNOUNCEMENTS 13. Council of Cities Proxy Designation and City Selection Committee Appointments. (Liza Normandy, Mayor) Mayor Normandy advised she would serve as the Proxy with Mayor Pro Tempore Matsumoto and then Councilman Garbarino as the alternates. Councilmembers were unanimous in support of Councilman Addiego's nomination to serve on the County Oversight Board. They commended him for the work he had done on the City's Oversight Board on which he had served diligently since 2012. Regarding general items from Council, Councilman Addiego noted the need for pavement striping near the new AC Hotel- a premiere location in the City. He didn't believe that a study was needed to address this immediate and pressing need. Councilman Gupta notified Council and staff of ABAG Planning grants. Councilman Garbarino reported on his week in Sacramento with the League of California Cities. He noted that in meetings with legislators it became clear that some form of retooled RDA might become available upon the next Governor's term. In meeting with Governor Brown it was clear that the Governor was excited about transportation, housing and pension reform. However, he expressed grave concern over prison overcrowding and did not believe in increasing the penalties for certain crimes. REGULAR CITY COUNCIL MEETING JANUARY 24, 2018 MINUTES PAGE 9 CLOSED SESSION 14. Closed Session: Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Property: 938 Linden Avenue (APN 012 - 102 -020) City Negotiators: Alex Greenwood and Nell Selander Negotiating Parties: City of South San Francisco, South San Francisco Successor Agency and Robert DeLue, Patrick M. Spiteri, Sares Regis Group of Northern California, and Joe Cassidy Under Negotiations: Price and terms for disposition of the property Time entered Closed Session: 9:46 p.m. Open Session resumed: 10:02 p.m. Report out of Closed Session by Mayor Normandy: Direction was given, no reportable action. ADJOURNMENT Being no further business, Mayor Normandy adjourned the meeting at 10:02 p.m. in memory of Roy Giovanni Uccelli and Romolo J. Braschi. Submitted a Ma in Ili, City-Clerk Ci San Francisco REGULAR CITY COUNCIL MEETING MINUTES Approved by: Li Normandy, Mayor City of South San Francisco JANUARY 24, 2018 PAGE 10