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
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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.
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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