HomeMy WebLinkAboutMinutes 2008-07-23o~o~~x sA ~~~ MINUTE S
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REGULAR MEETING
MUNICIPAL SERVICES BUILDING
COMMUNITY ROOM
WEDNESDAY, JULY 23, 2008
CALL TO ORDER: 7:03 p.m.
ROLL CALL: Present: Councilmen Addiego, Garbarino and Mullin,
Mayor Pro Tem Matsumoto and Mayor
Gonzalez.
Absent:
PLEDGE OF ALLEGIANCE:
INVOCATION:
None.
Led by Mayor Gonzalez.
Given by Reverend Doctor Gabrielle
Schroeder.
PRESENTATIONS
Proclamation honoring North Peninsula Neighborhood Services, Inc.'s 35th
Anniversary presented to Executive Director, Karla Molina DeBourdon by Mayor
Gonzalez.
Mayor Gonzalez presented North Peninsula Neighborhood Services, Inc. with a
proclamation for its 35th Anniversary. The Mayor commended the organization for its
efforts to improve the quality of life for many residents in South San Francisco.
Executive Director Molina accepted. the proclamation on behalf of North Peninsula
Neighborhood Services. She expressed appreciation for the opportunity to provide
assistance to residents in need.
Bridging the Vote Project presented by Marta Bookbinder, Literacy Services
Coordinator, Community Learning Center.
Literacy Services Coordinator Bookbinder presented the Bridging the Vote Project, w',hich
was designed to help engage the public with respect to exercising the right to vote.
Workshops would be held in both English and Spanish and would be designed to help first
time voters navigate the process. She further explained that the League of Women Voters
and the San Mateo County Elections Office had partnered with the Community Learning
Center on the project.
Councilman Mullin questioned whether the program would address voting by mail.
Literacy Services Coordinator Bookbinder explained the goal of the program was to
provide an awareness of all possible voting options.
Mayor Gonzalez questioned how the program would be publicized.
Literacy Services Coordinator Bookbinder explained that local, County, Bay area and
statewide outlets would be utilized to publicize the program.
AGENDA REVIEW
City Manager Nagel advised that language rejecting the low bidder was inadvertently
omitted from the Resolution accompanying Item No. 10. Accordingly, it would be
incorporated upon presentation of the item.
City Manager Nagel further proposed an urgency item that had come in late on July 22,
2008 pertaining to a resolution opposing state takeaways. Given that Council's Regular
Meeting of August 13, 2008 was cancelled and timing of the resolution was critical, he
recommended that Council vote on whether to hear the urgency item, which would require
a 4/5 vote.
Motion- Councilman Garbarino/Second- Councilman Addiego: to add a resolution
opposing state takeaways as Item No. 15a on the Consent Calendar. Unanimously
approved by voice vote.
PUBLIC COMMENTS
None.
ITEMS FROM COUNCIL
• Announcements.
• Committee Reports.
Councilmembers reported on attendance at community meetings and events, including; a
Historical Photo Exhibit at the Municipal Services Center. Residents were advised of
upcoming community events, including a community planting that would take place on
Hillside and Sister Cities Blvd on July 26. Residents were further advised of progress on
plans for the Caltrain Station. The possibility of Roche, an international pharmaceutical
company, choosing to site its headquarters in South San Francisco was lauded. Council
commended the Police Department for the positive results of an audit performed by the
Corrective Standards Authority. Specific items for further action and/or consideration were
set forth as follows:
Councilman Addiego questioned whether the action to cover a contaminated area with
cement in an unincorporated section of the City was subject to a public hearing and/or
protest.
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MINUTES PAGE 2
Director of Public Works White responded that the Department of Toxic Substances
Control had sent out notices advising of the proposed action at the designated toxic waste
site. Persons could protest the action and submit questions. Director of Public Works
White would provide Council with information as to whether such questions could trigger a
public hearing requirement.
Councilman Addiego further requested that ideas for slowing down traffic near the
intersection of the Linear Centennial Park and Spruce Avenue be considered.
Mayor Pro Tem Matsumoto requested that staff seek information from the County
identifying the location of 96 toxic waste sites in South San Francisco, which had recently
been referred to in an article published by the San Francisco Examiner.
• Resolution No. 75-2008 in support of water conservation, efficiency and recycling
rather than increasing diversions from the Tuolumne River.
Councilman Mullin proposed the resolution sponsored by the Tuolumne River Trust and
supported by the Sierra Club and other environmental organizations. The proposed
resolution encouraged water conservation at the local level and called upon the SFPUC to
focus on water recycling measures. He requested Council's support for the resolution.
Councilman Addiego thanked Councilman Mullin for putting the information in the public
domain. He opined that the Bay Arf;a had not done a good job of cutting back on water
usage in comparison to other areas that had managed water conservation irrespective of
population growth. He encouraged Council to pursue water conservation initiatives in the
future.
Motion- Councilman Mullin/Second-Councilman Addiego: to approve Resolution ]~10.
75-2008. Unanimously approved by voice vote.
• Resolution No. 76-2008 supporting the passage of Assembly Bill 3034 to strengthen
and improve the High Speed Rail Bond Proposal enacted in 2002 (SB 1856).
Mayor Pro Tem Matsumoto proposed the Resolution in support of Assembly Bill 3034 to
strengthen and improve the High Speed Rail Bond Proposal enacted in 2002 (SB 1856).
She opined a high speed rail system would create new jobs, yield cleaner air and reduce
pollution and travel times.
Councilmembers expressed support for the resolution and noted that most industrialized
countries have a high speed rail system.
Motion- Councilman Garbarino/Second- Mayor Pro Tem Matsumoto: to approve
Resolution No. 76-2008. Unanimously approved by voice vote.
• Recognition of departing Board and Commission Members, including Nancy Britt,
Joseph D'Angelo, Patricia Fourie, Pablo Gonzalez and Alicia S. B. Gonzalez.
Mayor Gonzalez presented certificates of recognition honoring the following former Board
and Commission Members: Nancy Britt (Housing Authority), Joseph D'Angelo (Historic
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MINUTES PAGE 3
Preservation Commission), Patricia Fourie (Cultural Arts Commission), Pablo Gonzalez
(Farks and Recreation Commission) and Alicia S.B. Gonzalez (Cultural Arts Commission)
The certificates expressed Council's gratitude for the former members' many years of
service to the City.
Ms. Britt thanked Council for the opportunity to serve on the Housing Authority for 12,
years.
Mr. Gonzalez thanked the Mayor and City Council for the opportunity to serve the
community on the Parks and Recreation Commission.
CONSENT CALENDAR
Motion to approve the minutes of July 9, 2008.
2. Motion to confirm expense claims of July 23, 2008 in the amount of
$10,171,364.18.
3. Motion to accept the Common Greens Play Area Renovations Project, Phase I and
Phase II, as complete in accordance with plans and specifications. Project No. 51-
13232-0824.
4. Resolution No. 77-2008 approving a Consulting Services Agreement with Bay Area
Economics to update the General Plan Housing Element in an amount not to e~:ceed
$82,775.00.
5. Resolution No. 78-2008 authorizing the purchase of a sculpture by Robert W.
Ellison in the Amount of $18,000.00.
6. Resolution No. 79-2008 authorizing the purchase of a sculpture by Chapel from the
National Sculptor's Guild in the Amount of $28,000.00.
7. Resolution approving a budget amendment adjusting the City Clerk Department's
Election Budget for the 2007-2008 Fiscal Year by an additional $56,541.00 to
facilitate payment of the balance of the November 2007 Municipal Election Invoice
submitted by the San Mateo County Elections Office.
8. Resolution No. 80-2008 authorizing the acceptance of $60,000.00 in funding from
the Genentech Foundation to support Learning Wheels -Project Read services, and
amending the Library Department's 2008/2009 Operating Budget.
9. Resolution No. 81-2008 authorizing acceptance of a MetLife Foundation and
Libraries for the Future Grant in the amount of $12,000.00 and amending the
Library Department's operating budget for fiscal year 2008/2009.
10. Resolution No. 82-2008 awarding the City Hall Annex Roof Replacement and
Accessories Construction Contract to Fidelity Roof Company of Oakland, CA, in an
amount not to exceed $121,500.00, and appropriating additional funds in an amount
of $15,725.00 to the City Hall Annex Roof Replacement and Accessories Project.
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MINUTES PAGE 4
1 1. Resolution No. 83-2008 awarding a Construction Contract for the East of 101
Sewer Improvements Project. to JMB Construetioil, Inc. of South San Francisco, CA
in an amount not to exceed $3,201,430.00.
12. Resolution No. 84-2008 awarding a Construction Management and Inspection
Services Contract for the East of 101 Sewer Improvements Project to Mendoza &
Associates of San Francisco, CA in an amount not to exceed $419,498.00.
13. Resolution No. 85-2008 approving an Engineering Consulting Services Agreement
with Wilsey Ham of Foster City, CA for the Sewer Pumping Station No. 8
Rehabilitation Project, in an amount not to exceed $148,343.00.
14. Resolution No 86-2008 adopting a revised Joint Powers Agreement for the Housing
Endowment and Regional Trust (HEART).
15. Acknowledgment of Proclamation issued on July 18, 2008 in honor of Dorothy
Buhagiar's retirement.
15a. Resoiution No. 87-2008 opposing fiscally irresponsible State Budget decisions that
would "borrow" local government, redevelopment and transportation funds.
Before action on the Consent Calendar was taken, City Manager Nagel reminded Council
that Resolution No. 82-2008 presented under Agenda Item No. 10 included language
rejecting the low bidder.
Motion- Councilman Mullin/Second-Councilman Addiego: to approve Consent
Calendar items 1-6, 8-10 and 12-15. Unanimously approved by voice vote.
Discussion regarding Consent Calendar Items Nos. 8 and 9: Mayor Pro Tem Matsumoto
questioned whether the grants accepted pursuant to Resolutions Nos. 80-2008 and 81-
2008 were solicited.
Library Director Sommer advised Genentech had approached library staff to propc,se
the funding and that the library lead enjoyed a partnership with Genentech for many
years. She explained the MetLife Libraries of the Future funding was pursued through
an open competitive application process.
Item No. 7: Mayor Pro Tem Matsumoto expressed concern over the lack of notice from the
Honorable San Mateo County Chief Elections Officer, Warren Slocum and the
Elections Office with respect to the substantial amount of the November 2007 Election
Invoice. She stated that the circumstances were another example of the City being;
financially impacted by the lack of communication from the Office of the Chief
Elections Officer & Assessor-County Clerk-Recorder. She further noted that the City
Clerk's invitation to Mr. Slocum to attend a City Council meeting for the purpose of
addressing the Election Invoice issue was declined. She opined the lack of
communication from Mr. Slocum's Office was not acceptable.
City Clerk Martinelli-Larson provided background on the dispute over the election
invoice. She explained that the Chief Elections Officer and his staff had declined to
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MINUTES PAGE 5
appear at a City Council meeting and instead offered to meet with City Clerks in Jume
2008 to discuss the issue. At the June 2008 meeting, Elections Office staff explained
that municipal participants in the 2007 Election shouldered a greater portion of the
election costs than ever before due to the unique circumstance that no state or county
measure appeared on the November 2007 ballot. Accordingly, municipalities'
proportionate share of election costs was higher than usual. In South San Francisco's
case, the invoice was nearly $60,000 more than what was budgeted. City Clerk Marti-
Larson further explained that when questioned regarding the lack of notice regarding
the amount of the invoice, Elections Office staff responded that due to the unique
circumstances of the Election, the issue was not apparent until the invoices were
processed in late February. The Election Office further noted that it would monitor
costs in the future to avoid this circumstance.
Councilman Addiego expressed disappointment over the lack of responsiveness from
the County.
In light of Council's comments, City Manager Nagel suggested Council could elect not
to take action on the proposed resolution and direct an invitation to Mr. Slocum or his
representative to attend the next .Regular Meeting of the City Council to address
Council's concerns regarding the; lack of communication.
Councilman Garbarino expressed a preference for this course of action.
Mayor Pro Tem Matsumoto explained she would like assurances from the County
regarding the implementation of procedures and controls to avoid this circumstance in
the future.
Council did not take action on the resolution and directed submission of a request for
the appearance of Mr. Slocum at the Council's next Regular Meeting scheduled fo:r
August 27, 2008.
Item No. 11: Councilman Mullin questioned whether the history of JMB's work in the
City raised concerns about the quality of the Company's Work. He further questioned
whether the gap between the original estimate and JMB's estimate could be explained.
Director of Public Works White explained that there had been some complaints
regarding certain of JMB's crews, but that these concerns had been addressed. He
further advised that when the Public Works Department contracts for a job, it requires
that the Contractor adhere to qualification and safety issues. He advised the Wet
Weather Phase II Project was done in a professional manner. He expressed full
confidence that JMB would do the work in the East of 101 Area very well. Regarding
the estimate, Director White explained there was wide variation between the top bid
and the low bid. He noted that JMB offered an extremely competitive bid.
Motion- Councilman Mullin/Second-Councilman Garbarino: to approve Resolution
No. 83-2008. Unanimously approved by voice vote.
Item 15a: Mayor Gonzalez presented the Resolution opposing fiscally irresponsible state
budget decisions that would borrow Local Government, Redevelopment and
Transportation funds.
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MINUTES PAGE 6
Motion- Coti-iicilman Mullin/Second-Councilman Garbarino: to approve Resolution
No. 87-2008. Unanimously approved by voice vote.
LEGISLATIVE BUSINESS
16. Waive reading and introduce an ordinance adding Chapter 6.46 to the South San
Francisco Municipal Code governing tobacco retailer permits.
City Attorney Mattas explained the proposed ordinance would adopt the County's Tobacco
Retailer Ordinance. Retailers would. be required to display permits prominently and would
be subject to fines and permit suspension for noncompliance. The county planned outreach
to communities through correspondence. Additionally inspectors were making rounds to
alert local businesses to the potential) new requirements. City Attorney Mattas further
explained the County's Environmental Health Department would be responsible for
permitting under the ordinance.
Leona Lee Pinto, Program Supervisor at Asian American Recovery Services, appeared) on
behalf of the organization's Stay Sai-e Youth Coalition. She expressed appreciation that
South San Francisco was considering a tobacco retailer permit ordinance. She further
extended an invitation to use Asian American Recovery services as a resource with respect
to tobacco related issues.
Co-chair of the San Mateo County 'T'obacco Education Coalition, Amanda Cue, appeared to
thank Council for considering the ordinance, which would reduce youth access to tobacco.
She advised that 90% of current smokers started smoking before the age of 18. She offered
the Coalition as a resource to Council. She cautioned that licensing is an effective strategy
only if funding for enforcement activities exists.
Dean Petersen with the San Mateo County Environmental Health Department appeared to
address Council's questions.
Councilman Addiego questioned thc; source of funding for enforcement.
Mr. Petersen responded that initial enforcement would be achieved through compliance
checks conducted by uniformed officers with the State Department of Public Health or
local law enforcement. If retailers were found in violation of the ordinance, the
information would be forwarded to the County Environmental Health Department and
administrative hearings would be held.
Councilman Mullin questioned whether correspondence advising of the ordinance would
be distributed in languages besides English.
Mr. Petersen responded that most correspondence on the issue was being issued in Spanish
and English.
Mayor Pro Tem Matsumoto suggested that translation of the correspondence into Asian
languages was advisable.
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MINUTES PAGE 7
Mr. Petersen advised the Health Department was implementing a linguistic access program
which would be utilized throughout the Department to better serve the needs of San Mateo
County's diverse population.
Mayor Gonzalez questioned whether concerns over a black market for cigarettes resulted
from increasing prices.
Mr. Petersen responded that the concern could be better addressed by the Police
Department.
Motion- Councilman Addiego/Second- Councilman Garbarino: to waive reading and
introduce an ordinance adding Chapter 6.46 to the South San Francisco Municipal Code
governing tobacco retailer permits. Unanimously approved by voice vote.
PUBLIC HEARING
17. Waive reading and introduce an ordinance adding Chapter 8.60 to the South San
Francisco Municipal Code to require the use of Green Food Packaging by food
vendors and City facilities.
Assistant City Attorney Cynthia Wang presented the proposed ordinance, which would
require takeout food packaging to consist of recyclable or compostable materials and
prohibit the use of containers made of polystyrene. The ordinance acknowledged that
restaurants may charge a takeout fee to recover the cost differential of green food
packaging. Pursuant to the ordinance, restaurants would have the opportunity to apply for
an exemption upon showing of undue hardship. A $100 fine would be imposed for all first
time violations and a $200 fine would be imposed for every violation thereafter.
Public Hearing opened: 8:4C- p.m.
Public Hearing closed: 8:401 p.m.
Councilman Mullin questioned who would determine whether applications for exemptions
would be granted. He further inquired which Department would handle enforcement of
the ordinance.
Assistant City Attorney Wang responded the City Manager or his designee would make the
determination. She further noted exemptions were limited to five (5) years and could be
reapplied for at the expiration of that period. Code Enforcement would be responsible: for
enforcing the ordinance.
Motion- Mayor Pro Tem Matsumoto/Second- Councilman Garbarino: to waive reacting
and introduce an ordinance adding Chapter 8.60 to the South San Francisco Municipal)
Code to require the use of Green Food Packaging by food vendors and City facilities.
Unanimously approved by voice vote.
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i 8. Owner/Applicant: Myers Peninsula Venture, LLC
PPM08-0002, SPM08-0001, SPivI08-0002 and ZA08- 0004.
An amendment to the final T'errabay Specific Plan Phase III, Precise Plan and
Zoning Text to allow the addition of a 1 x,007 square foot Product Design Studio
above the North Tower Retail Concourse at Two Tower Place in the Terrabay
Specific Plan Zone District.
Consultant Planner Knapp presented the staff report explaining that Myers Development
had approached the City proposing to add a 15,000 square foot product design studio above
the retail units on the north tower of the project. A Precise Plan amendment was required
for this purpose. She advised that the proposal would not intensify the existing impact of
what had previously been identified in the plan.
Public Hearing opened: 8:47 p.m.
Public Hearing closed: 8:47 p.m.
Mayor Pro Tem Matsumoto opined the proposal would add to the overall project and make
it more visually attractive. Slie questioned whether detailed construction plans would come
before Council at a later date.
Consultant Planner Knapp responded the project would likely not come before Council
again.
Councilman Mullin expressed support for the proposal and opined it would enhance the
marketability of the towers.
Councilman Addiego commended the applicant for constructing a building that met
expectations.
Councilman Garbarino expressed support for the proposed addition.
Mayor Gonzalez questioned whether anything was removed from the project.
Consultant Planner Knapp responded that nothing was removed from the project.
Motion- Mayor Pro Tem Matsumoto/Second- Councilman Garbarino: to adopt
Resolution Nos. 88-2008 and 89-2008 and to waive reading and introduce an ordinance
amending the Terrabay Specific Plan Zoning District Title 20, Chapter 63 of the South San
Francisco Municipal Code. Unanimously approved by voice vote.
COUNCIL COMMUNITY FORUM
Mayor Gonzalez reminded the public that Council's regular meeting of August 13, 2008
had been cancelled.
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CLOSED SESSION
19. Conference with Keal Property Negotiator
(Pursuant to Government Code Section 54956.8)
Property: APN Nos. 015-010-260, 015-010-270, 015-010-600, 015-190-170 and
015-190-190 (Oyster Point Marina area parcels)
Negotiating Parties: City of South San Francisco and Oyster Point Ventures, LLC
Under Negotiation: Purchase and lease terms and price.
Time Entered closed session: 8:56 p.m.
Open Session resumed: 10:10 p.m.
Report out of closed session by Mayor Gonzalez: The City Council provided
direction but did not take any reportable action.
20. Conference with Real Property Negotiator
(Pursuant to Government Code Section 54956.8)
Property: 201 Baden Avenue
Negotiating Parties: South Spin Francisco and San Francisco Ford
Under Negotiation: Lease terms and price.
City Manager Nagel advised the item would not be heard as no new information pertaining
to the subject was available.
ADJOURNMENT
Being no further business, Mayor Gonzalez adjourned the meeting at 10:10 p.m.
Submitte by: Approved:
C~-- Kris Martinell' arson, City Clerk Pedro Gonzalez, ayor
City o h Sa Francisco City of South San Francisco
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MINUTES PAGE 10