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HomeMy WebLinkAboutMinutes 2019-05-22 @7:00MINUTES x'SA CITY COUNCIL n CITY OF SOUTH SAN FRANCISCO ' C c'�11FbAN�P REGULAR MEETING MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, MAY 22, 2019 7:00 p.m. CALL TO ORDER 7:00 p.m. ROLL CALL Present: Councilmembers Addiego, Nagales and Nicolas, and Vice Mayor Garbarino. Absent: Mayor Matsumoto PLEDGE OF ALLEGIANCE Vice Mayor Garbarino led the Pledge of Allegiance. AGENDA REVIEW None. ANNOUNCEMENTS FROM STAFF Community Programs Manager Boles invited the community to the Memorial Day celebration on Monday, May 27, 2019 to honor the brave men and women who gave the ultimate sacrifice for our freedom. The Pancake Breakfast Fundraiser will begin at 7:30 a.m. to 9:00 a.m. at Fire Station 61, 480 North Canal followed by the Memorial Day Procession at 9:15 a.m., information about the event was posted on the City's website at www.ssfnet Assistant City Manager Lee informed the Council and the public of upcoming meetings regarding the Community Civic Campus Project including a meeting with the Library Board of Trustees on May 28, 2019, the Planning Commission on May 30, 2019, and the BPAC and Measure W Citizen's Oversight Committee on June 5, 2019. Additional information located on the website www.communityciviccqmpus.net. PRESENTATIONS 1. Presentation of Certificates of Recognition to Celeste Perez and Nicole Woo, students at South San Francisco High School and El Camino High School, respectively, as the 2019 Jack Drago Cultural Arts Commission Youth Art Scholarship Award Recipients. (Karyl Matsumoto, Mayor). Cultural Arts Commissioner Woo provided an overview of the Jack Drago Cultural Arts Commission Youth Art Scholarship and presented Celeste Perez and Nicole Woo with the scholarship. She noted that the scholarship was funded by community donations and fundraising dollars. Celeste Perez, senior at South San Francisco High School, thanked the Cultural Arts Commission for awarding her with the scholarship and discussed her plans to attend Canada College where she planned to pursue an art degree. Councilmember Nagales read into the record a Certificate of Recognition. Nicole Woo, senior at El Camino High School, thanked the Cultural Arts Commission for their award and discussed her plans to attend UC Davis and pursue her passion for art. Councilmember Nicolas congratulated Ms. Woo and presented her with a Certificate of Recognition on behalf of the City Council. PUBLIC COMMENTS None. COUNCIL COMMENTS/REQUESTS Councilmember Nagales indicated he attended several community events and discussed the event recognizing Alice Bulos, a Filipino elected official, for her work in the community. He stated he emceed the Alice Resource Event, 12th Annual event promoting healthy family relationships with keynote speaker, Councilmember Flor Nicolas. He noted that the City of San Jose created a Digital Divide Inclusion Fund; help with placement of broadband throughout the City. He requested that staff review the ordinance and explore something similar for the City. He requested an update on Centennial Village project at Spruce and El Camino Real. Economic Community Development Director Greenwood stated staff was reliant on information received from the property owner and noted that Safeway would be signing a lease amendment on May 23, 2019, noting that staff will continue to monitor progress and report back to Council. Councilmember Nagales inquired about the City's legal abilities to move the project forward and voiced his disappointment with the progress of the project. City Attorney Rosenberg stated the City could not require the owner to put tenants at the site but could require that the building remain in a clean, unblighted state. Councilmember Addiego stated his disappointment with the progress of the project and acknowledged the community's frustration with the project. Councilmember Nicolas congratulated Ponderosa Elementary School for receiving the distinguished Kent Award. She congratulated PAL Boosters Officers Sabrina Bortoli, Robin Bortoli, Cathy Burton Meza and Al Banfield for their recent appointments. She voiced her appreciation to Eva Martinez for her work in organizing the tribute to Alice Bulos. She also congratulated the students that participated in the Youth in Government Day program and requested the meeting adjourn in memory of past master, Alberto Jacinto of Francis Drake Masonic Lodge. Councilmember Addiego discussed recent renaming throughout the State of California on behalf of the 40 President, Barack Obama, recognizing his views and leadership. He proposed the Naming REGULAR CITY COUNCIL MEETING MAY 22, 2019 MINUTES PAGE 2 Subcommittee consider South San Francisco Drive be renamed to recognize former president Barack Obama. He discussed Bayer Corporation's legal issues with the use of roundup and requested that staff consider using an alternative for weed control. He expressed his concern with traffic congestion with the Hisense project downtown and requested that staff meet to discuss the traffic impacts and possible solutions. Councilmember Addiego attended the Jobs for Youth in Foster City and suggested that South San Francisco become more involved with the program. He discussed an email from Assembly Member Phil Ting regarding AB 792, a bill regarding recycling of plastic containers with minimum recycled content and labeling. Vice Mayor Garbarino voiced his support for enforcing the use of recyclable materials in manufacturing. He attended the Ribbon Cutting Ceremony of the British Swim School and recognized Alice Bulos' contributions to the community. CONSENT CALENDAR The City Clerk duly read the Consent Calendar, after which Council voted and engaged in discussion of specific items as follows: Item No. 4: Emergency Medical Services Chief Walls provided an overview of the proposed amendment, discussed what the bill would do for ambulance transport providers, and noted AB 1705 to pull municipal providers out of the program. Councilmember Nagales inquired about the waiver of the late fee, number of patients transported, and response time. Emergency Medical Services Chief Walls stated that the Director of Healthcare Services had the option to waive the late fee, but could charge up to 10%, noting that he allocated up to six months of funds for the late fee. He stated that patients transported had remained consistent throughout the Peninsula. Chief Magallanes stated that the goal for response time was 6 minutes and 59 seconds (6:59) and most stations were under eight minute response time. Vice Mayor Garbarino stated South San Francisco's response time were faster than most of the County Councilmember Nicolas if the City would have to pay the late fees if no response was received to the grace period request and inquired if funds were allocated in next year's budget. Chief Magallanes stated that a request was submitted stating that Council must approve the item for funding and noted that the funds for the item were included in the budget for 2020. 2. Motion to approve the Minutes from the meeting of April 9, 2019. 3. Motion confirming payment register for May 22, 2019. (Christina Crosby, Interim Director of Finance). 4. Report regarding Resolution No. 59-2019 approving budget amendment number 19.053, amending the Fire Department Operating budget in an amount not to exceed $99,952.33, and authorizing payments to the California Department of Healthcare Services totaling an amount not to exceed $99,952.43 in compliance with Section 14129 of California Welfare and Institutions Code. (Richard Walls, Emergency Medical Services Chief). Motion — Councilmember Nagales/Second —Councilmember Nicolas: to approve Consent Calendar. Approved by the following roll call vote: AYES: Councilmember Addiego, Councilmember REGULAR CITY COUNCIL MEETING MAY 22, 2019 MINUTES PAGE 3 Nagales, Councilmember Nicolas, and Vice Mayor Garbarino; NAYS: None; ABSTAIN: None, ABSENT: Mayor Matsumoto. ADMINISTRATIVE BUSINESS 5. Report regarding Resolution No. 60-2019 approving the Second Amendment to the Consulting Services Agreement with Wittman Enterprises, LLC to extend the term for seven years and amend the compensation rate to not to exceed four percent of recovered revenue. (Richard Walls, Emergency Medical Services Chief). Emergency Medical Services Chief Walls presented the staff report and provided an overview of the amendment request for the consulting services agreement with Wittman Enterprises, LLC. He noted the success of the partnership with the Wittman Enterprises. Councilmember Nicolas inquired about the difference in options and costs. Emergency Medical Services Chief Walls stated the Council was presented the most cost effective option and he noted that the other options were still available. He discussed the lack of response from other vendors and indicated that the City could terminate the contract at any time. Councilmember Addiego suggested the Council review the item before the five- year mark and to asses services. Councilmember Nagales inquired about the termination clause. City Attorney Rosenburg stated that the City could terminate the contract for any reason with a 30- day notice. City Manager Futrell stated that the ambulance enterprise report is an annual presentation to Council and suggested that an analysis of Wittman Enterprises be included in future reports. Councilmember Nagales inquired about the 10% customer satisfaction survey. Emergency Medical Services Chief Walls stated that Wittman Enterprises sent out the satisfaction survey to be proactive. Motion — Councilmember Nicolas/Second — Councilmember Nagales: To approve Resolution No. 60-2019 approving the Second Amendment to the Consulting Services Agreement with Wittman Enterprises, LLC to extend the term for seven years and amend the compensation rate to not to exceed four percent of recovered revenue. AYES: Councilmember Addiego, Councilmember Nagales, Councilmember Nicolas, and Vice Mayor Garbarino; NAYS: None; ABSTAIN: None, ABSENT: Mayor Matsumoto. 6. Report regarding a Study Session on potential revisions to various Boards and Commissions. (Eunejune Kim, Public Works Director, Leah Lockhart, Human Resources Director, and Jason Rosenberg, City Attorney). City Attorney Rosenberg presented the report and indicated that during the latest Boards and Commission recruitment, the City Council requested further discussion on the current composition and duties of the Parking Place Commission, the Personnel Board, and the Conference Center Authority. He discussed the Parking Place Commission and indicated that the Parking Place Commission (PPC) was established in 1976 pursuant to California Streets and Highway Code, Sections 35100, et seq., also known as The Parking District Law of 1951 ("Parking District Law"). The Parking District Law outlines specific criteria and procedures for establishing and financing parking districts REGULAR CITY COUNCIL MEETING MAY 22, 2019 MINUTES PAGE 4 within municipalities. The Parking District Law also mandates the formation of a parking place commission to oversee and manage parking districts established. In accordance with its obligations under the Parking District Law, after establishing the City's parking district, the City adopted South San Francisco Municipal Code ("SSFMC") Chapter 2.64 creating the required parking place commission. SSFMC Chapter 2.64 provides for a commission composed of three commissioners who serve three year terms. In addition, SSFMC § 2.64.080(a) states that "The parking place commission shall exercise the powers set forth in [the Parking District Law] and such other powers as they are duly authorized by law to carry out under the terms of said provisions." Chapter 4 of the Parking District Law outlines these duties. Namely, Streets and Highway Code § 35559 states that "The commission shall operate, manage, and control the parking places and make and enforce all necessary rules for their use." In addition, Streets and Highway Code § 35560 states that "The commission may fix, regulate, and collect rentals, fees, or other charges for the use of parking places under its control..." The Parking District Law provides for the establishment of a parking place commission for the purpose of overseeing the parking district and all of the authority vested in the parking place commission is structured around that role. Additionally, there is no language in the Parking District Law that explicitly permits a parking place commission to assume additional duties beyond those specified in the statutes. The City could provide the members of the parking place commission with more duties by forming a new commission composed of the parking place commissioners and other appointees. This new commission could be given those additional duties beyond parking district oversight set forth in the Parking District Law. This new commission could meet immediately after the PPC to avoid any commissioner scheduling conflicts and could undertake any duties that the City Council wishes to delegate. With this structure, the City would retain the PPC's current role and duties, while simultaneously creating a separate overlapping commission. This would ensure that the PPC is properly exercising the authority granted under the Parking District Law while also ensuring that the City's additional needs are being met. A new committee could be structured in whatever manner the City Council deemed necessary to accomplish the City's goals. Such committee could be assigned a wide variety of tasks and duties and could serve as an advisory body to staff and/or the City Council on the matters assigned to it. He indicated that other cities in San Mateo County have similar committees to advise on parking and broader traffic related matters. For example, both San Bruno and Burlingame have committees that advise on such issues. Neither San Bruno nor Burlingame's committee appear to have been created pursuant to the Parking District Law and thus, these committees have a broader subject matter jurisdiction than the PPC. For example, San Bruno's Traffic Safety and Parking Committee and Burlingame Burlingame's Traffic, Safety, and Parking Commission is tasked with making recommendations to the city council and advising the council in matters pertaining to traffic, safety, and the parking of motor vehicles generally Councilmember Nagales agreed with the proposed direction and the increased responsibilities in terms of traffic would be beneficial for residents. Vice Mayor Garbarino voiced his support in expanding duties for the Parking Place Commission to allow residents to voice their concerns to a committee. He also suggested renaming the new committee. icruULAK CITY COUNCIL MEETING MAY 22, 2019 MINUTES PAGE 5 Councilmember Addiego confirmed that the Parking Place Commission members would retain their current responsibilities. Councilmember Nagales suggested representation from the recently formed districts. City Attorney Rosenberg noted that staff would take Council's recommendation and present an ordinance to incorporate Council's comments and detail responsibilities. Human Resources Director Lockhart presented an overview of the Personnel Board and indicated that Chapter 2.62.010 of the Municipal Code establishes the composition, terms and duties the City's Personnel Board. The Board is comprised of five members appointed by the City Council for four-year terms. The primary function of the Personnel Board is to hear employee appeals related to disciplinary actions, employee or applicant appeals related to recruitment and selection processes, and employee grievances related to application of the City's Personnel Rules and Regulations. Pursuant to the City's Municipal Code, the Board is also responsible for supervising elections involving employee representation by unions or associations. In addition, the Board reviews and makes recommendations to Council on matters of personnel policies prior to adoption. California State law permits, but does not require, cities to establish and maintain a Personnel Board. In San Mateo County, the City of South San Francisco is one of four cities that maintains a Personnel Board pursuant to its municipal code. She indicated that over time, the role of Personnel Board has become less central to the maintenance and enforcement of personnel policies, as the role of collective bargaining has expanded. Currently, all City employees within the competitive service (excluding at -will and hourly positions) are represented by an employee union or association. The City negotiates and administers collective bargaining agreements with each of these groups in accordance with California law (Meyer-Milias- Brown Act), and with the exception of law enforcement groups, such activities are under jurisdiction of the State Public Employee Relations Board (PERE). In recent years, four of the City's seven recognized bargaining units within the City have agreed to alternative appeal and grievance procedures within their respective collective bargaining agreements, with binding arbitration as the final step instead of a Personnel Board hearing, as prescribed under the City's Personnel Rules and Regulations. In part due to these changes, the City has not had a disciplinary or grievance appeal to the Personnel Board since May 2008. The Personnel Board meets quarterly, requiring considerable staff time for the preparation of agendas, materials, and equipment, meeting attendance, preparing minutes, and related Board communications. Typical meeting agendas include welcoming new employees and recognizing promotions, updates and discussion on Human Resources programs and initiatives, and procedural items such as the selection of the Board Chair and approval of meeting minutes. Direction on all collective bargaining matters is given by City Council, with the assistance of legal counsel where necessary and appropriate. While the Personnel Board still reviews and recommends changes to the City's Personnel Rules and Regulations, these updates are relatively infrequent and are ultimately adopted by City Council. The most recent amendment to the City's Personnel Rules and Regulations was adopted in April 2014. Currently, two of the five seats on the Personnel Board are vacant. Given the reduced role of the Board, Council could consider adopting an ordinance to abolish the Personnel Board, in which case current members could be reassigned to other Boards, Commissions or Committees at Council's REGULAR CITY COUNCIL MEETING MAY 22, 2019 MINUTES PAGE 6 discretion. Alternatively, if Council would like to maintain the Personnel Board, staff recommends that the scope and purpose of the Board be re -defined in accordance with Council's intentions. In the event that Council were to consider an ordinance to abolish the Board, the City's Personnel Rules and Regulations would also need to be amended and adopted by Council by resolution. This change would require advance notice and the opportunity to meet and confer with the bargaining units that utilize the appeals process contained in the City's Personnel Rules and Regulations prior to the adoption of the ordinance. Councilmember Nicolas inquired about the three cities that still had Personnel Boards. Human Resources Director Lockhart stated Daly City, San Mateo, and San Bruno had Personnel Boards. She noted that the meetings were often cancelled due to lack of agenda items. Councilmember Addiego inquired if other cities were expanding the responsibilities of the Personnel Board to increase value. Human Resources Director Lockhart stated other cities were not expanding responsibilities of Personnel Boards. Vice Mayor Garbarino indicated that the Personnel Board was implemented during a time when employees needed protection. He stated that Council would review the body further and provide feedback to staff. City Attorney Rosenberg presented the Conference Center Authority indicating that Section 2.78.030 of the Municipal Code establishes the composition of the South San Francisco Conference Center Authority Commission. Currently comprised of nine members, and the make-up is as follows: two (2) councilmembers of the city; and two (2) representatives from hotels located within the city limits of South San Francisco; and five (5) representatives from either of the following categories: city residents eighteen years or older, or representatives of businesses located in South San Francisco; and the executive director of the South San Francisco chamber of commerce, who shall serve as an ex -officio, non-voting member of the commission. The Mayor, with the confirmation of the City Council, appoints the two councilmembers, while the City Council appoints the non -hotel representatives. The South San Francisco Hotel Group recommends the two hotel representatives who are then officially appointed by the City Council. He indicated that lately, recruiting the five non -hotel representatives under the current eligibility requirements has been challenging. A potential option to address these recruitment challenges is to expand the eligibility requirements for the non -hotel representatives beyond city residents or representatives of businesses located in South San Francisco. As way of example, the recently established Bicycle and Pedestrian Advisory Committee (`BPAC"), permits no more than three members to be non-residents who work at least 20 hours week in the City and have a demonstrated interest in bicycle and pedestrian facilities and planning. (SSFMC § 2.82.010) Similarly here, the Conference Center Authority commissioner eligibility requirement could be expanded to include individuals or businesses with a knowledge, experience, and/or demonstrated interest or commitment to serving the Conference Center Authority, businesses, tourists, residents, and community of the City. There are currently two vacancies on the commission, and both are for the non -hotel representative positions with a third vacancy in July 2019. Additionally, all non -city council commissioners serve a staggered term of four years and are limited to three consecutive terms. (SSFMC § 2.78.040(b).) REGULAR CITY COUNCIL MEETING MAY 22, 2019 MINUTES PAGE 7 Staff requested Council direction on whether to amend the term limits and/or clarify whether term limits reset if a commissioner serves in the capacity of one of two hotel representatives versus one of five residents or representatives of a local business. Councilmember Addiego inquired about the three vacancies. He discussed the two hotel representatives and suggested outreach to fill the vacancies. He noted the value of the conference center for larger hotels and room for improvement of the body. Vice Mayor Garbarino concurred with Councilmember Addiego's comments and voiced his support for expansion of the eligibility requirements to include more members. City Attorney Rosenberg stated staff would draft an ordinance to expand the eligibility requirements of the representatives. ITEMS FROM COUNCIL — COMMITTEE REPORTS AND ANNOUNCEMENTS None. CLOSED SESSION Time entered Closed Session: 8:01 p.m. Open Session resumed: 8:36 p.m. 7. Closed Session CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Hotel Site at Oyster Point (APN 015-010-600 and more particularly described as Parcel 6 on Parcel Map 17-0002) Agency negotiator: Ernesto Lucero, Alex Greenwood, and Nell Selander Negotiating parties: City of South San Francisco and Ensemble Investments Under negotiation: Price and Terms of City property disposition Report out of Closed Session by Vice Mayor Garbarino: No reportable actions. ADJOURNMENT Being no further business, Vice Mayor Garbarino adjourned the meeting at 8:37 p.m. in honor of past master, Alberto Jacinto of Francis Drake Masonic Lodge. Submitted by: L4- osa Govea Acosta, CMC, CPMC City Clerk Approved by the City Council: 071/0 REGULAR CITY COUNCIL MEETING MINUTES A __A 7____ a0/'T MAY 22, 2019 PAGE 8