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HomeMy WebLinkAboutMinutes 2013-02-13 (3)WEDNESDAY, FEBRUARY 13, 20113 7:00 P.M. ROLL CALL: PRESENT: Councilmembers Addiego, Garbarino and Gupta, Mayor Pro Tern Matsumoto and Mayor Gonzalez. ABSENT: None. PLEDGE OF ALLEGIANCE: Led by Mayor Gonzalez. Council removed Item 11, Resolution approving a contract with City Manager Position Recruitment Firm, from the agenda. PUBLIC COMMENTS Bishop Kerry Smith brought the Council greetings and blessings from the First Baptist Church, Iglesia Bautista, Iglesia Misioncras Roca Firme, Filipino Bible Church, Korean Church and school children from the Roger Williams Academy. As a retired Sergeant with the San Bernardino Sherriff s Office, he extended the blessing to his fellow officers who had fallen in recent events in Southern California, I & slarojim • Announcements. • Committee Reports Councilmembers reported on attendance at community meetings and events, including a League of California Cities Reception for newly elected and re- elected Councilmembers, meetings with Assemblyman Mullin and Assemblyman Ting, a Congestion Management and Equality Committee meeting, a Parking Liaison Committee meeting, the League of California Cities Board of Directors meeting, a meeting of the San Francisco Airport Community Roundtable, a meeting of the Bay Conservation Development Commission, a SamTrans meeting, the Community Preservation Task Force meeting and a Bay Bio Life Sciences meeting. Specific items for further action and/or consideration were set forth as follows: Councilman Addiego mentioned that he recently read an extensive report from the South San Francisco Community Coalition and expressed his disappointment that they had not moved forward with a number of items. MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, FEBRUARY 13, 20113 7:00 P.M. ROLL CALL: PRESENT: Councilmembers Addiego, Garbarino and Gupta, Mayor Pro Tern Matsumoto and Mayor Gonzalez. ABSENT: None. PLEDGE OF ALLEGIANCE: Led by Mayor Gonzalez. Council removed Item 11, Resolution approving a contract with City Manager Position Recruitment Firm, from the agenda. PUBLIC COMMENTS Bishop Kerry Smith brought the Council greetings and blessings from the First Baptist Church, Iglesia Bautista, Iglesia Misioncras Roca Firme, Filipino Bible Church, Korean Church and school children from the Roger Williams Academy. As a retired Sergeant with the San Bernardino Sherriff s Office, he extended the blessing to his fellow officers who had fallen in recent events in Southern California, I & slarojim • Announcements. • Committee Reports Councilmembers reported on attendance at community meetings and events, including a League of California Cities Reception for newly elected and re- elected Councilmembers, meetings with Assemblyman Mullin and Assemblyman Ting, a Congestion Management and Equality Committee meeting, a Parking Liaison Committee meeting, the League of California Cities Board of Directors meeting, a meeting of the San Francisco Airport Community Roundtable, a meeting of the Bay Conservation Development Commission, a SamTrans meeting, the Community Preservation Task Force meeting and a Bay Bio Life Sciences meeting. Specific items for further action and/or consideration were set forth as follows: Councilman Addiego mentioned that he recently read an extensive report from the South San Francisco Community Coalition and expressed his disappointment that they had not moved forward with a number of items. Mayor Pro Tem Matsumoto shared Councilman Addiego's concern about the PCRC's work on the coalition. Mayor Gonzalez stated that he would pass Council's concerns on to PCRC. Mayor Pro Ter Matsumoto announced that SamTrans is seeking volunteers for its 15 member Citizen's Advisory Committee. In response to a letter from San Francisco Mayor Ed Lee, Mayor Gonzalez requested that Council place support of gun control reforms on an upcoming agenda. Council agreed. Councilman Gupta shared that in regards to his comments at a previous meeting concerning staff's study of big box retail, he has reached an understanding with staff'and is now satisfied. Mayor Pro Tern Matsumoto requested a Biotech Quarterly Report outlining all current biotech companies in the City of South San Francisco, including the size and type of new companies coming in and the companies that are leaving. 0 City Selection Committee Appointments. In consideration of the upcoming Council of Cities dinner and balloting, Council directed the Mayor to support the following candidates in first round voting; South San Francisco Mayor Pedro Gonzalez for ABAG City of Foster City Mayor Pam Frisella, City of Brisbane Councilman Cliff Lentz, Town of Portola Councilwoman Maryanri Moise Derwin, and Town of Hillsborough Vice Mayor, Laurence May for appointment to the Mousing and Community Development Committee (HEART). South San Francisco Councilman Rich Garbarino for the Local. Agency Formation Committee, Colma Councilwoman Helen Fisicaro for the San Mateo County Transportation Authority. 0 Discussion of Possible Proposition IA Violation by State in Implementing Redevelopment Trust Fund Distributions to Taxing Entities. Councilman Addiego noted that this was an outgrowth of a conversation of the Oversight Board raised by Boardmember Christensen. She had brought to the Board's attention that it appeared . there were some inequities in the way funds were being allocated, going back to Proposition 13 and AB 8. Finance Director Steele advised that when the RDAs were dissolved, there was $38 million in funds that were to be distributed- this funding was the subject of the discussion. These funds were being taken from the City level and being directed to the County, which has a heavy pass through agreement. The question is whether this is a violation of Proposition 1A which is part of the California Constitution. If the Council believes it may be, then it may wish to make a determination as to whether it may challenge the action and /or draw attention to the perceived inequity. Mayor Pro Tem Matsumoto cautioned to be mindful of any action that might agitate legislators and push further discord in the law. REGULAR CITY COUNCIL MEETING FEBRUARY 13, 2013 MMUTES PAGE 2 Councilman Garbarino noted that action should be considered, but it is important to be cautious at the same time. Councilman Gupta noted that there is double dipping going on to give the County and special districts more money than they deserve at the cost of cities and school districts. This is also against Proposition IA, since this process circumvents its prescribed ratios by the methodology that the State Department of Finance is pursuing. The Legislative Analyst's Office says this does not snake sense. On the other side of the fence, it is not a long -term phenomenon. His recommendation was that the political reality is that though theoretically there is an issue, practically it may not be worth pursuing it. Councilman Addiego recalled when Redevelopment began in the City of South San Francisco. He noted this was a game change. He clarified that he was not suggesting that the City of South San Francisco pursue this on its own. He queried whether the Council would be interested in taking some action if he and Oversight Boardmember Christensen could find half a dozen . interested parties. City Attorney Mattas informed that the particular issue before Council has not yet been litigated. A lot of groups, including the California League of Cities are aware of it, but have not filed suit yet. An Attorney General opinion could only be requested by a legislator. It is not binding but the courts view it as persuasive authority. He was not sure where the Attorney General would come down on this. He opined that the cities have the better legal arguments in this case.. Councilman Garbarino requested that Counncilman. Addiego and Oversight Board Member Christensen explore options with other cities and entities. Councilman Addiego responded that he was willing to do so if there would be an opportunity to present this issue again before the Council. Council Agreed. Discussion related to upcoming Board and Commission Interviews.. In consultation with City Cleric Martinelli and in consideration of the substantial vetting of many potential applicants during the recent Council appointment interview process, Council determined that it would not be necessary to interview incumbents for board and commission seats unless they wished to be interviewed. It was further directed that interviews be scheduled in increments of 10 minutes. CONSENT CALENDAR. Motion to approve the Minutes of the meetings of January 8, 2013 and January 23, 2013. . 2. Motion confirming payment registers for February 1.3, 2013. . 3. Motion to waive reading and adopt an ordinance amending Chapter 8.50 of the South San Francisco Municipal Code Regarding Regulation of Smoking in Parks and Designated Public Areas. 4. Motion approving one sculpture, Flying Fish, for the Loan Art Program at the Orange Memorial Park. Sculpture Garden as recommended by the Cultural Arts Commission. S.. Resolution No. 8 -2013 approving an emergency construction contract with A.J. Uccelli & San, Inc. in an amount not to exceed $ 150,000 related to Miller Residential Units. REGULAR CITE" COUNCIL MEETING FEBRUARY 13, 2013 MINUTES PAGE 3 6. Resolution No. 9 -2013 approving a Loan Agreement in the amount of $8,652 with the Successor Agency to the Former Redevelopment Agency of the City of South San Francisco to allow the Successor Agency to make payments for two non- housing recognized obligation payment expenses shown on RAPS I but incurred during BOPS 11. Motion- Councilman Garbarino /Second- Councilman Addiego- to approve Consent Calendar Items Nos. 1, 2, 3 and 6. Unanimously approved by voice vote. Item No. 4: Councilman Addiego wanted to go on record as being supportive of the flying fish sculpture. He thanked the Cultural Arts Commission for its work to secure it. Motion- Councilman Addiego /Second- Councilman Garbarino- to approve Consent Calendar Item No. 4. Unanimously approved by voice vote. Item No. 5: Councilman Garbarino asked if 310 Miller Avenue was currently occupied. The answer was affirmative. He then asked why the blocked sewer wasn't discovered sooner. Community Development Manager Fragoso advised that a tenant called while the work was being done to advise of the sewer issue. Motion - Councilman Garbarino /Second Councilman Gupta- to approve Consent Calendar Item No.S. Unanimously approved by voice vote. LEGISLATIVE BUSINESS 7. Motion to waive reading and introduce an Ordinance amending Chapter 6.72 of the South San Francisco Municipal Code to clarify the Vehicles for Hire Certificate of Convenience and Necessary Application Process. Principal Planner Beaudin and Sergeant Campbell from the Police Department recommended amendments to chapter 6.72 of the vehicle for hire ordinance. The Certificate of Convenience and Necessity Process involves applying through the Police Department and Planning Department simultaneously. On the Police Department side, the applicant must be financially responsible, have experience, no criminal history and then a basic background check is done. The Planning Department's review looks at the general plan consistencies, anything zoning related and the demand and level of service for the location of operation. Staff was seeking to ensure that applicants conning forward .are serious when submitting applications, meaning that they have read the ordinance and are able to clearly identify the need not being fulfilled by current taxicab companies. Similar to other application processes in the city, staff would like to place the burden of proof on the applicant. Mayor Pro Tern Matsumoto questioned how many licensed taxicab companies operated in the City other than Yellow Cab. Principal Planner Beaudin stated that the answer was zero. Mayor Pro Tom Matsumoto stated that local hoteliers mentioned that taxi service is poor since there is no recourse. She understood that somebody could get into a taxi from anywhere outside the City and be brought into the City. Though she appreciated Yellow Cab, she shared her concern that this amendment would make it more difficult for other companies to come and do business in the city. REGULAR CITY COUNCIL MEETING FEBRUARY 13, 2013 MINUTES PAGE 4 Councilman Gupta questioned how a taxicab company could meet the convincing proof standard, since contrary to the City, it would not have access to data on traffic, other taxicabs and hotel occupancy. He questioned how this would be implemented practically. Principal Planner Beaudin stated that currently the burden of proof falls on staff, which is not efficient. He shared staff's willingness to help an applicant go through the process as long as it was willing to do the legwork. Mayor Pro Tem Matsumoto queried whether other cities in the County face the single company service issue. Assistant City Manager Van Duyn responded that most cities have permit limitations on the number of cabs. Councilman Addiego thought it was reasonable for staff to request that the burden of proof lie with the applicant. There was a time when it was difficult to get a cab company to go to a grocery store. San Francisco has the same dilemma; it is hard to get a cab if you live in the Sunset District. For the purposes at hand, he supported removing the burden of research from staff and looking at a more competitive system in the future. Mayor Gonzalez asked if it was possible to have Yellow Cab hand out customer service survey cards which would be sent to the Police Department. Principal. Planner Beaudin stated staff could certainly ask Yellow Cab if it would be willing to do that.. Motion — Councilman Addiego /Second Councilman Garbarino: to waive reading of the ordinance amending Chapter 61.72 of the South San Francisco Municipal Code to clarify the Vehicles for Hire Certificate ofConvcnience and Necessary Application. Unanimously approved by voice vote.. Motion - Councilman AddiegolSecond- Councilman Garbarino: to introduce an ordinance amending Chapter 6.72 of the South San Francisco Municipal Code to clarify the Vehicles for Hire Certificate of Convenience and Necessary Application. Approved by the following voice vote: AYES: Councilmen Addiego, Garbarino and Gupta and Mayor Gonzalez; NOES: Mayor Pro Tem Matsumoto; ABSTAIN: None. ABSENT: None, 8. Motion to waive reading and. introduce an Ordinance amending the South San Francisco :Municipal Code Chapter 2.78 to provide for City Manager Oversight of the Conference Center Executive Director and removing the City Manager as Ex- Officio member of the Conference Center Authority Board of Directors. City Attorney Mattas presented the staff report noting the purpose of the proposed ordinance to provide the City Manager with general oversight over the Conference Center Executive Director. For that to happen, it would be appropriate to take the City Manager out of the role as Ex-Officio member of the Conference Center Authority Board of Directors. This would allow the City Manager to exercise general oversight over all of the duties of the Executive Director, The Conference Center Authority would still retain authority to hire, terminate and negotiate with the Executive Director. The Council's general role would be to approve arnendrnents of the ordinance and approve the Center's budget for final approval. The Conference Center authority voted unanimously to recommend this. Mayor Pro Tem Matsumoto commented that this item was critical, as it would provide transparency and actual oversight. REGULAR CITY COUNCIL MEETING FEBRUARY 1.3, 2013 MINUTES PANE 5 Councilman Gupta inquired as to the interchangeable uses of director and executive director in the draft. City Attorney Mattas clarified that it was the same and that it should be consistent throughout. According to the Municipal Code, the correct terminology would be the Conference Center :Director. Motion -Mayor Pro Tem Matsumoto /Second- Councilman Garbarino: to waive reading and introduce an Ordinance amending the South San Francisco Municipal Code Chapter 2.78 to provide for City Manager Oversight of the Conference Center Executive Director and removing the City Manager as Ex- Officio member of the Conference Center Authority Board of Directors. Unanimously approved by voice vote. _•i 9. An Ordinance making revisions, corrections and clarifications to the South San Francisco Municipal Code (Dissolution of Redevelopment Agency) – related to the elimination of the Redevelopment Agency (RIBA) references. Associate Planner Ajello reported that in 2011 State of California Legislature approved the elimination of the Redevelopment Agencies as of February 1, 2012. . As a direct result the City of South San Francisco is required to mare amendments to the Municipal Codes to omit the references and authority of the former RDA. There arc 12 chapters within the code that require amendments. The main objective is to transfer the authority of the Executive Director of the RDA to the Chief Planner and Planning Commission. Public :Hearing opened: 8:28 p.m. Mayor Gonzalez confirmed that no member of the public wished to speak on this item. Public Hearing closed: 8:28 p.m. Motion Councilman Addiego /Second — Councilman Garbarino: to waive reading and introduce an Ordinance making revisions, corrections and clarifications to the South San. Francisco Municipal Code (Dissolution of (Redevelopment Agency) – related to the elimination of the Redevelopment Agency (RDA). Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 10. Resolution No. 10 -2013 approving the Fourth Amendment to the Agreement for Collection and Disposal of Solid Waste Matter in the City of South. San Francisco. Finance Director Steele presented the staff report recommending approval of the amendment to the proposed exclusive franchise for solid waste production. The current agreement has been in place since 1997. The franchise agreement sets rates at 5% below average of 32 cities, which results in a beneficial below average rate for residents and business. The South San Francisco Scavengers approached staff and the Council and presented their longer -term capital needs for longer -term capital investments to get more favorable loan rates from banks. The agreement contains a new provision for a payment to the City to fund solid waste reduction programs and landfill monitoring costs at $ 15,000 per month. The Scavengers would be required to report to the City Council, on an annual basis, on progress made towards their 20 year capital plan, as well as any updates to that plan. South San Francisco Scavenger Company President Doug Button and Chief Financial Officer Paul Formosa addressed the City Council. President Button started off by thanking staff and the REGULAR CITY COUNCIL MEETING FEBRUARY 13, 2013 MINUTES PAGE.. 6 Council for time spent in January working on this effort. The Company relies on the City of South San Francisco as its governing body, but it also operates under jurisdiction of Cal-EPA, Air Resources Board, CalRecycle, the California Water Board and CAL OSHA. This has required it to change its fleets to cleaner running fuels, lower its carbon footprint and to maintain a 75% diversion rate. This amendment would allow the Company to make progress to develop Zero Waste Goals, to meet GHG Emission Goals and to invest in new technology, while maintaining the City's ability to hold the Company accountable. The City would also maintain termination rights for cause. Councilman Gupta reminded residents that the Company is making state of the art improvements to the long-term quality of air and maximizing the efficiency of resources. Councilman Addiego noted that dealing with cutting edge technology would incur some additional risk. President Button stated that the Company had looked at composting at potential sites in the valley but California is moving away from developing compost sites in open air. An open-air compost site has not been approved in 5 years. The technology that the Company is developing is only 10 years old and came from Europe. Motion — Mayor Pro Tem Matsumoto/Second— Councilman Garbarino: to approve Resolution No. 10-2013. Unanimously approved by voice vote. 11. Resolution approving a contract with City Manager Position Recruitment Firm. Item not heard. COMMUNITY FORUM Mayor Pro Tern Matsumoto recommended setting up a Community Meeting over coffee and fresh fruit to review advantages of a Neighborhood Watch Program with the Police Department. Councilman Addiego shared that the issue of fluoridation is concerning North Bay communities. He added he would follow the issue for the community's benefit. Mayor Gonzalez thanked Director of Parks and Recreation Ranals for the installation of a plaque at the Crucible of Light sculpture in Orange Memorial Park. He also announced The World Series Trophies will be displayed at the Ferriekes Building on March 11th from 2-4pm. Role-191114011 Being no further business, Mayor Gonzalez adjourned the meeting at 8:54 p.m. Submitted: his tiov M, tt s y Marti Ili City Clerk, Cit" of South San Francisco REGULAR CITY COUNCIL MEETING MINUTES Approved: Pedro Gonzalez Mayor, City of South San Francisco FEBRUARY 13, 2013 PAGE 7