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HomeMy WebLinkAboutMinutes 2011-08-24 c00 0li SAN S ;;, P te — _ o CITY COUNCIL CITY OF SOUTH SAN FRANCISCO 1LIFOR 14 REGULAR MEETING MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE WEDNESDAY, AUGUST 24, 2011 CALL TO ORDER: TIME: 7:00 P.M. ROLL CALL: PRESENT: Councilmembers Addiego, Gonzalez and Matsumoto, Vice Mayor Garbarino and Mayor Mullin. ABSENT: None. PLEDGE OF ALLEGIANCE: Led by Mayor Mullin. PRESENTATIONS • 2011 Internship Program. Senior Environmental Compliance Inspector, Rob Lecel introduced interns Beatrice Florez Huertas, Ryan Cooksy, Hannah Diaz, Andy Chu and Damian Maharaj. Each gave brief presentations about their duties and accomplishments this summer serving as interns for various departments throughout the city. Council and the Mayor all thanked the interns for their hard work through the program and were glad to hear of how successful it was. Mayor Mullin commented that the interns had all worked in areas that were of great importance to the community. Their efforts would not be shelved but continued on for years to come. Councilwoman Matsumoto was impressed and gave kudos to those involved. She asked how the Staff Supervisory Academy related to internships. Mr. Lecel stated the project was taken on by the Academy to foster the development of the internship program and show recent college graduates or graduate students the government side of things and not just read headlines and news. The program was still being fine - tuned. The Councilwoman asked which departments take part in the screening process and assumed Human Resources played some role. Mr. Lecel confirmed working with HR and the department heads in the screening process in determining which departments needed or requested interns. He felt the project would be much larger next year. AGENDA REVIEW Item No. 5 removed. PUBLIC COMMENTS Fire Marshall Luis De Silva invited Council and the community to attend the 9/11 Memorial Service commemorating the 10 Year Anniversary of the national tragedy. Event to be held on Sunday, Spetermber 11, 2011 at City Hall. Mayor Mullin reiterated that this was indeed the 10th anniversary of 9/11 and asked that, in addition to attending the memorial service, the community recognize that it would also be a National Day of Service. ITEMS FROM COUNCIL • Announcements. Councilman Gonzalez noted that on August 31 there would be the first of four (4) Spanish language workshops held from 7 to 8:30 p.m. dealing with family relations at the location of 209 Miller Avenue in South San Francisco. Also on August 26, KaBoom would be building a new playground at Orange Park from 8 a.m. to 3 p.m. The community was invited to come out and volunteer their time to help build this playground in one (1) day. Again, he invited the community to attend the 9/11 Memorial at City Hall and noted the Crest Moore /Glenview neighborhood would be holding a 1 -year remembrance on September 9 for the San Bruno Fire. The Boys and Girls Club would be participating in this year's Citywide Garage Sale on Saturday September 10 and could use anything you would care to donate, please call (650)589 -7090. Donate prior and buy the day of. Councilman Addiego noted the many calls he had received concerning the multiple construction sites located throughout the east side of town. He explained to the public the construction had to do with San Francisco and the PUC water line. He asked if some City departments could perhaps work with some of the crews as some of their tactics seemed a little aggressive. There are certain times when those who reside on Lilac Lane and Cortesi Court cannot even get out. Could staff please look into what is happening with hours of operation and find out how we can have citizens voice their concerns? The Councilman noted he was following some acquisitions of foreclosed properties for prices that are much lower that what you can build for. He found it intriguing and thought perhaps this would be an opportune moment for South San Francisco to look into doing the same for the benefits of some of its residents. Councilman Addiego also mentioned he and Councilman Gonzalez serve of the Board for the Boys and Girls Club and issued a reminder about their participation in the Citywide Garage sale to be held on September 10. Other announcements included the KaBoom Playground build and using it as a way to promote becoming a City of Service akin to Councilwoman Matsumoto's Improving Public Places Program. He also thanked the corporate donors /sponsors, the Dr. Pepper & Snapple Beverage Group for their part in making this playground happen. Mayor Mullin asked when the PUC work was expected to be completed. Public Works REGULAR CITY COUNCIL MEETING AUGUST 24, 2011 MINUTES - 2 - Director, Terry White stated their best estimate was at the end of September. He also noted that work had been prevented on weekends but allowed to extend into the evenings to make up for lost time. The project has been a constant negotiation and the Department was taking resident comments seriously resulting in some changes. Councilman Gonzalez felt when outside agencies had projects in the City they should have to plan with the City. There should have been another way /time to have completed this project, for example, when school was out for the summer, but they are doing it now. Perhaps they could at least consider a later start time, maybe around 8:30 -9:00 a.m. in consideration of school traffic. Vice Mayor Garbarino concurred with the Councilman, and noted the project (pipeline replacement) in front of Ponderosa Road was done before school started. Whatever we can do to address the concerns, we should get on it. Mayor Mullin, citing the Mid -Pen project, did not want to impede on their progress but felt that limiting truck ingress /egress while there is traffic flow for school. Director White responded that was entirely possible and some of that had already been implemented. All of these projects have contracts and it was a more of a matter of enforcement. We can have weekly meetings and as part of the process, direct the contractors to view this conversation on Granicus. Mayor Mullin asked what the best case scenario was for a ribbon cutting on the Mid -Pen project. Redevelopment Director stated the project was three months in and would most likely take another ten (10) months. Councilwoman Matsumoto noted her attendance of the C /CAG meeting where the new PG &E liaison was present. What was slated to be a 15 minute presentation quickly turned into over an hour, with lack of communication and misinformation being given to Councils and residents being the major bones of contention. The representative assured there would be new accountability. The consensus among attendees was that customer service needed major improvement or items would have to be taken to the PUC. As part of the Kaiser subcommittee, she and Vice Mayor Garbarino had been made of the parking needs for Kaiser for their retrofit and building plans between now and 2030, which was projected at 1500 additional spaces. The BPAC Committee had gotten two (2) out of six (6) of the grants it had applied for from the Transit Authority. She also noted how impressed she was that problems had not increased during the summer as reported by the neighborhood response team and saw it as a credit to after school programming, the Boys' and Girls' Club and the CERT team. Lastly, Councilwoman Matsumoto mentioned grants for up to $2500/50% were available through the sewer lateral replacement and applications were available on the Public Works website. Mayor Mullin asked what would trigger the need for replacement. Director White stated the program was part of the settlement with the the Baykeepers. $60,000 was available this year to fund replacements for approximately 25 to 30 homes and have received 12 applications thus far. Further details of the program would be brought before November or December. REGULAR CITY COUNCIL MEETING AUGUST 24, 2011 MINUTES - 3 - Vice Mayor Garbarino noted his attendance of the Cultural Arts Picnic and gave kudos to its organizers Joann Windier and Kelly Teglia for a job well done. He also reported on Saturday August 27, from 8:00 a.m. to 2:00 p.m. there would be a pancake breakfast and bocce ball at the Orange Park Bocce Ball courts for the price of $10. Mayor Mullin reported his attendance of the legislative meeting for the San Mateo County Board of Supervisors where the local city, county and schools partnership was discussed focusing on areas where all three areas will have a role to play. He was proud to participate in this year's National Night Out, which he attended in the Old Town neighborhood where it was held concurrent with Old Town elections. He had also been asked to welcome the new batch of teachers for the South San Francisco Unified School District ( "SSFUSD "). Through all of its recent transition, he was happy to usher in a new era filled with positive energy. He was encouraged by new the crop as well as the veterans who have come here from other districts and wished them all the best of luck. CDBG subcommittee met to hear a report about the North Peninsula Neighborhood Service Center and meet the new Executive Director Audrey Magnison. Other meetings included the monthly meeting of the Community Coalition on Safe Neighborhoods co- chaired with Councilman Gonzalez and facilitation led by the Peninsula Conflict Resolution Center ( "PCRC "). Progress continued on a logic model, strategic plan for outreach to not only the Old Town neighborhood but also the community as a whole. Steady progress was being made and more details were still to come. There had been talk and a vote approving a prospective move of the Metropolitan Transportation Coalition ( "MTC ") offices from Oakland to a building in South San Francisco that would house the MTC, the Bay Area Air Quality District, possible the BCDC and potentially the Association of Bay Area Governments ( "ABAG "). The vote was 12 to 2 to make that move but concerns brought up by the City of Oakland had prompted the MTC to study the issue further and revote within a 60 day time period. Finally, the Mayor took great joy in hosting students from our sister city in Kishiwada, Japan. He thanked the students and staff for their participation, and in particular, Susan Kennedy. Councilwoman Matsumoto notified the public that BART would be holding a meeting this Saturday, August 27 from 10 to 11:00 a.m. at the Joe Fernekes building and discussing the redesign of its cars. • Committee Reports. • City of Service Designation. Mayor Mullin explained the purpose of the item was to recieve the national designation stating our City values service and plans on implementing a strategy to address the City's issues through public /community service as part of the Edward M. Kenney Serve America Act. There are many cities with this designation, New York being the premiere City of Service. Currently, we have a robust program already in place, but this puts us on a national record as a city that values service and volunteering. Councilman Addiego applauded the Mayor's efforts in showcasing the City as a City of Service and felt public /community service was the new way for municipal governments to save things they hold so dear, such as its parks. REGULAR CITY COUNCIL MEETING AUGUST 24, 2011 MINUTES - 4 - Motion - Vice Mayor Garbarino /Second - Councilwoman Matsumoto: to approve the designation of the City of South San Francisco as a National City of Service. Unanimously approved by voice vote. • Consideration for Naming of Parking Garage Breezeway. A letter was received from the Santinni and Roccuci families requesting the breezeway from the new parking structure onto Grand Avenue be named in honor of the their families clothing store, which previously stood in that location. As part of the naming subcommittee, Councilmember Gonzalez and Matsumoto reported that a decision regarding the name of the breezeway was not yet ready to be made as more information was needed. Councilwoman Matsumoto went on to say they were not prepared to name the breezeway after the store as it was the case that property was sold and not just demolished also, there was no history to make strong recommendation. Her primary reason for honoring a business in this way would be the amount of their community involvement. She did however recommend other avenues for memorializing longtime businesses in the City, like perhaps an historical kiosk or display such as paths or memorial cobblestones. Mayor Mullin agreed with the idea of a kiosk or a plaque recognizing businesses through the area in order to give a nod to history and maintain some recognition. Councilman Addiego noted the plaque celebrating the Nicolopolous family business. He agreed with the reasoning for the denial was appropriate and stated if the land had been donated it would have been a different story. He also like the idea of an historical kiosk and noted hardly anyone remembers the stores that were once on Grand Avenue like Sears of JC Penney. Mayor Mullin also suggested maybe something be erected or displayed in the walkway that appreciates our past and highlights the locations of current stores. CONSENT CALENDAR 1. Motion to approve the minutes of July 19, 2011 and July 27, 2011. 2. Motion to approve expense claims of August 24, 2011. 3. Motion to waive reading and adopt an Ordinance adding Chapter 20.270 ( "El Camino Real /Chestnut Avenue Area Plan District ") to the South San Francisco Municipal Code, amending Chapters 20.250, 20.300, and 20.630 of the South San Francisco Municipal Code, and amending the South San Francisco Zoning Map to collectively allow and establish regulations for mixed -use development of the Kaiser Permanente Parcels within El Camino Real /Chestnut Avenue Planning Area. REGULAR CITY COUNCIL MEETING AUGUST 24, 2011 MINUTES - 5 - 4. Motion to waive reading and adopt an Ordinance adding Chapter 20.270 ( "El Camino Real /Chestnut Avenue Area plan District ") to the South San Francisco Municipal Code, amending Chapters 20.250, 20.300, and 20.630 of the South San Francisco Municipal Code, and amending the South San Francisco Zoning Map to collectively allow and establish regulations for mixed -use development in the majority of the El Camino Real /Chestnut Avenue Planning Area, excluding the Kaiser Permanente Parcels. 5. Resolution authorizing execution of Lease Amendment with the County of San Mateo for property located at 306 Spruce Avenue. Item not heard. 6. Resolution awarding the construction contract to Gallagher & Burk, Inc. of Oakland, California, for the 2011 Street Resurfacing Project (Project No. st1201) in an amount not to exceed $1,498,310. 7. Resolution awarding the construction contract to Graham Contractors, Inc. of San Jose, California, for the 2011 Street Scrub Seal and Micro - Surfacing Project (Project No. st1201) in an amount not to exceed $596,489.50 and amending the 2011 -2012 Capital Improvement Program Budget in the amount of $400,000. 8. Resolution authorizing the filing of an application totaling $98,000 to the Metropolitan Transportation Commission for Transportation Development Act (TDA) Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2011/12 for the "Pedestrian Crossing Improvement at El Camino High School Project ", and committing the necessary non - federal match for the project and stating the assurance of the City of South San Francisco to complete the project. 9. Resolution awarding a consulting services agreement to Whitley Burchett and Associates of Walnut Creek, California, for the Water Quality Control Plant Critical Blower Replacement Project (Project No. ss1203) in an amount not to exceed $143,800. 10. Resolution authorizing the acceptance of $20,000 in grant funding to support Project Read and amending the Library Department's 2011/2012 operating budget. Motion - Councilman Gonzalez /Second Vice Mayor Garbarino: to approve Consent Calendar items 1, 2, 3, 4, 8, 9, and 10. Mayor Mullin noted his abstention for item number 3. Unanimously approved by voice vote. Items No. 6 and 7: Councilman Addiego asked the difference between the two procedures being used for the projects being described in items six (6) and seven (7). Public Works Director Terry White explained the process conducted in item six (6) as a combination of some conventional methods such as grinding, crowning, matching and overlay. Another process in six, which is more green, would be to recycle the asphalt in REGULAR CITY COUNCIL MEETING AUGUST 24, 2011 MINUTES - 6 - place to a specific depth, introducing new oil and cement materials, re- compacting it and overlaying. This saves costs of hauling as well as some oiling costs and allows the use of a thinner lift of new asphalt. Director White went on to explain the process described in item seven (7) as just a topping or coating, there would be no grinding. Vegetation would be removed out of the cracks and street, and conduct a minimal amount of repair as the streets targeted in this process are in fairly good condition. Councilman Addiego recalled some issues when the lanes were resurfaced and saw the main challenge as the clean -up. He worried if the asphalt was not sealed it would stick to items and wind up wherever you traveled as it had during that time. With that much lose material left behind he was concerned about the potential impact to the storm drain system. He agreed the numbers were good, but felt the aftermath should be considered. Director White understood the concerns and noted the lanes project had definitely served as a learning experience. Lessons learned were being taken into consideration through additional specs, sweeping and attention to the matters of the past and more focus would be given this time around to those issues. Mayor Mullin asked how effective it was in terms of a lifespan, was it awash or was some life expectancy lost? He also asked Director White to describe the process for determining a street as a candidate for resurfacing. Director White was uncertain about the life expectancy due to lack of history. Other cities have completed the process but there was nothing out in the field more than 10 years old. With this process, as long as you don't get down to base, it seems like it should work out well. As for now, a limited step was being taken with only certain residential streets and non -high traffic areas. As for determining what streets will be improved, the MTC has a program that grades streets. Once data is entered, rankings are given between 1 and 100. Anything between 50 and 70 would trigger the work, though some cases require literal field surveys. Sometimes it's the case where a street is not bad enough or it has gone too far for the process. Councilwoman Matsumoto asked where the street in South San Francisco rank with the MTC. Director White stated our streets ranked a 71 or 72 based on a three year average. For the bay area, we would be considered a "B" ranking. Motion - Councilman Addiego /Second - Vice Mayor Garbarino: to approve Consent Calendar Items No. 6 and 7. Unanimously approved by voice vote. PUBLIC HEARING 11. Public Hearing Project #: AP09 -0004 [P09 -0059: UP09 -0016] Tom Roth - Appellant MUNSON, HELEN B TR - Owner 175 UTAH AVE APN - 015125090 Appeal of Planning Commission's decision to approve a use permit allowing medical marijuana collective at 175 Utah Avenue in the Mixed Industrial (MI) Zone District in accordance with SSFMC Chapters 20.110, 20.490 & 20.570. REGULAR CITY COUNCIL MEETING AUGUST 24, 2011 MINUTES - 7 - Public Hearing opened at 8:27 p.m. Associate Planner Billy Gross presented the staff report and gave highlights as to the origin of this appeal. The appeal had originally been approved in November, 2009. Since being put back on the agenda, the Planning Department has been receiving questions from the public as to why this item is back. The application for a use permit was originally approved by the Planning Commission in October, 2009. Since, the City has placed two (2) moratoriums on the establishment of marijuana collectives in order to further study the issue and its impact on the community. The parties involved with the appeal agreed to have it tabled until a final decision regarding collectives had been reached. Council has since adopted an Ordinance prohibiting such collectives. Based on this, the appeal is now being heard. The appellants were notified and chose not to withdraw appeal. With this, staff recommends Council grant the appeal and deny the planning application. Attorney Tom Rotham, representing the four (4) appellants, was present. He agreed with staff's recounting of the occurrences and noted because of the City's prior actions, this appeal was merely a formality. He agreed the appeal should be granted and the application be denied. Without any further questions, Mayor Mullin closed the public hearing at 8:32 p.m. Motion - Councilman Gonzalez /Second - Vice Mayor Garbarino: to grant Appeal AP09- 0004 of the Planning Commission's decision and deny Planning Application P09 -0059. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 12. Resolution awarding the consulting services agreement to Carollo Engineers of Walnut Creek, California, for the Water Quality Control Plant Upgrades Fiscal Year 2011 -2012 CIP Projects (Project Nos. ss1201, ss1202, ss1204) in an amount not to exceed $1,362,000. Director White presented the staff report. He recalled earlier meetings held with City Council of the City of San Bruno for the purpose of updating the facility plan. He also noted the most current discharge permit from the state water board, which had laid out numerous things to do. Tonight's action involve one part of the plan moving forward in an effort to minimize blending, make affluent improvements, add another secondary clarifier, add capacity to the current clarifier and dealing with more of the major issues that have occurred with the State Water Board. Current capacity has allowed treated affluent to flow directly to the bay if overwhelmed by wet weather; this has in turn prompted the Water Board to ask for a new design. Other issues include new shoreline construction, dealing with flooding, and increased tides over time. Other cities were asked to participate in the screening of proposals and in concert with San Bruno, recommended Carollo Engineers as they were very familiar with the plant having completed past work related to design and recycled water. Councilman Gonzalez asked if the new clarifier would be above or below ground. REGULAR CITY COUNCIL MEETING AUGUST 24, 2011 MINUTES - 8 - Mike Britton, of Carollo Engineers, responded it was above ground, but depressed into the ground. Motion - Vice Mayor Garbarino /Second - Councilwoman Matsumoto: to approve Resolution No. 105 -2011. Unanimously approved by voice vote. 13. Resolution awarding the construction contract to Chiang C.M. Construction, Inc. of San Francisco, California, for the Fire Station 63 Upgrades Project (Project No. pfl035) in an amount not to exceed $1,298,328. Director White presented the staff report explaining a $2 million FEMA grant had been applied for and received by the Fire Department in order to make such improvements. The upgrade would increase size of the apparatus bays and upgrade living quarters. Precertification for contractors were put together before companies could bid. Initially six (6) bids were submitted and all were rejected. A second round of bidding was done and one (1) more bidder was picked up. Background work had been done on Chiang C.M. and they were found to be acceptable. Approximately 10 years ago, the same firm had performed the seismic retrofit of City Hall. One of the other bidders submitted a protest which has been fully addressed by the City Attorney and no longer presents an obstacle. Director White warned although they were expected to come in on budget, there were still some unknowns as to what to expect once the walls were opened up, potentially revealing hidden issues. Councilman Addiego recalled being concerned about the protest letter but reported after conducting his own research, he had heard only heard good things about the contractor and thought things were moving in the right direction. Councilwoman Matsumoto noted both the contractor's workman's compensation insurance and license were set to expire as of October 1, 2011. Director White assured the Councilwoman this was all covered in the bidding process. As a contractor, licenses and insurance holdings are always scheduled for expiration, renewal of those items was required. City Attorney Mattas also explained that active licenses and insurance was a requirement for being awarded the contract and further stated they may expire during the course of the contract, but renewal was required. Council spoke on the need of repairs for the fire station, but all noted their concern with the age of the building and the potential unknowns that could cause the amounts to increase beyond the contract. How would this issue be addressed should it occur? Director White understood the concern and stated a lot of research on the site had been done, but he still could not confidently say there would be no surprises. At some point early on in the process, during demolition, staff should be able to determine if there are bigger issues and hopefully alter the plan so they can be addressed. Councilman Addiego asked who had decided to go after the grant. Director White stated the grant was applied for by the Fire Department. While the Councilman appreciated their zeal, he felt the governing body should be brought REGULAR CITY COUNCIL MEETING AUGUST 24, 2011 MINUTES - 9 - in on the process in order to limit the amount of exposure to general fund dollars. Mayor Mullin also appreciated the impulse but wanted Council to be in the loop. City Manager Nagel stated most grants do need approval before being awarded and future policy could be written requiring Council to be in on the process before allowing such bids to be submitted. Councilman Gonzalez asked, for the benefit of the public, Director White to state the location of the station. He also asked how the construction would affect station personnel and when work was to begin. Director White noted the station was located at the Municipal Services Building, 33 Arroyo Drive. Current personnel would be re- stationed and work was slated to begin in October with an exact date still unknown. Fire Marshall Da Silva explained personnel would be re- stationed at either Stations 61 or 64 along with the apparatus but the service area would remain the same. Councilwoman Matsumoto expressed concern about the availability of room at Station 64. The Fire Marshall stated things were being worked out and adjustments would be made if needed, however, the main concern was keeping response times the same. Motion - Vice Mayor Garbarino /Second - Councilwoman Matsumoto: to approve Resolution No. 106 -2011. Unanimously approved by voice vote. CLOSED SESSION 14. Conference with Legal Counsel. Existing Litigation. (Pursuant to Government Code Section 54956.9(a).) South San Francisco v Fuld et al. 15. Conference with Legal Counsel. Existing Litigation. (Pursuant to Government Code Section 54956.9(a).) Promenade Residential Association v. South San Francisco. 16. Closed Session: Conference with Labor Negotiators. (Pursuant to Government Code § 54957.6) Agency designated representative: Kathy Mount Employee organizations: AFSCME, Local 829, AFL -CIO Confidential Unit, Teamsters Local 856 International Association of Firefighters, Local 1507 Mid - management Unit International Union of Operating Engineers, Local 39 South San Francisco Police Association Public Safety Managers Executive Management Unit. TIME IN: 8:58 p.m. TIME OUT: 10:34 p.m. Report out of Closed Session: Direction given. No reportable action taken. COMMUNITY FORUM None. REGULAR CITY COUNCIL MEETING AUGUST 24, 2011 MINUTES - 10 - ADJOURNMENT Being no further business, Mayor Mullin adjourned the meeting at 10:35 p.m. Submitted by: Appr ved: Anna M. Brown, Deputy City Clerk Kevin Mullin, Mayor City of South San Francisco City of South San Francisco REGULAR CITY COUNCIL MEETING AUGUST 24, 2011 MINUTES - 11 -