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HomeMy WebLinkAboutMinutes 2013-08-14MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, AUGUST 14, 2013 7:00 P.M. CALL TO ORDER TIME: 7:02 p.m. ROLL CALL PRESENT: Councilmen Addiego, Garbarino and Gupta, Mayor Pro Tern Matsumoto and Mayor Gonzalez. ABSENT: None. PLEDGE OF ALLEGIANCE Led by Mayor Gonzalez. PRESENTATIONS Farmer's Market Presentation regarding September 14th Food, Fun and Fitness Event. Jorge, the Farmer's Market Manager, excitedly announced a Food Fun and Fitness event to be held on Saturday September 14th, which ties in with the city's wellness initiative. This would provide an opportunity to promote physical activity and healthy eating. Several activities that have already been confirmed include a race between the San Francisco Giants' mascot Lou Seal and the Market's mascot Mr. Carrot, the Library's Learning Wheels, kid fit activities outdoors provided by the group Safe Routes to School, cooking demonstrations in the Femekes building, Zumba demonstrations, free swimming at the pool and a bicycle juice blender demo. Mayor Pro Tem Matsumoto congratulated Jorge on a job well done for this year's Farmer's Market. • Presentation regarding 2013 City Internship Project. HR Director Kathy Mount introduced the employees who graduated from the County Supervisory Academy and worked on the internship project. She introduced staff that managed this year's program, including, Christina Crosby, a Management Analyst with the Fire Department; Brian Schumacher, the Superintendent of the WQCP; Laura Armanino, a Recreation and Community Services Coordinator; Sam Bautista, Principal Engineer and Rob Lecel, a Senior Environmental Compliance Inspector at the WQCP. Rob Lecel introduced the 2013 interns to Council as set forth below: • Patricia Black, an MPP candidate at Mills College, California, worked on the Employee Health and Wellness project with the Department of Human Resources and Parks and Recreation Department. • Hassan Demirkol, a student at San Jose University was the intern for the Engineering Division. • Justine Buenaflor was the Summer Reading Activities Intern at the Library. • Daniel Garza, a student at San Francisco State University, interned at the WQCP in the Environmental Compliance Department. • Simon Kwong, interned for the IT Department and the City Manager's Office. • Heidi Ng was a Marketing, Evaluation and Public Outreach Intern for the Parks and Recreation Department. • Melissa Pincus was the Library Intern for Public Communications. • Presentation regarding Active Shooter Training. Public Safety Chief Mike Massoni introduced Police Sergeant Toscano, one of the Department's Active Shooter Training Instructors. The training is conducted every two years and this year was jointly held with the Fire Department. Active Killer is a person or persons actively engaged in killing or attempted killing of people who are in a confined and populated area. Pre - Columbine the common standard for officers was to set up a perimeter to contain the threat and call SWAT to stop the threat. Post - Columbine the standard is for officers to go in with small teams to stop the threat. Thus, valuable lessons were learned from tragic shootings like Columbine. This year, the SSFPD Officer Training took place at Westborough Junior High School. The training consists of reviewing county -wide protocols and techniques, practicing them, and then demonstrating proficiency in tense and realistic scenarios that include a variety of situations. The techniques are standardized throughout the county which enables different agencies to work together during an Active Killer threat. During the Active Killer threat, help will come from all over the county until the threat is stopped. At this point in time, a video was shown detailing what school staff should do in a lockdown situation. In response to Mayor Pro Tern Matsumoto's query, Sergeant Toscano noted that there would be both planned and unannounced lockdown drills. Mayor Gonzalez thanked staff for its efforts and for allowing him to shadow during one of the trainings. • Heroism Award presented to first responders for their heroic efforts at the SFO air crash - presented by Deputy Fire Chief Nuckolls. Deputy Fire Chief Travis Nuckolls was in attendance to recognize two SSFFD First Responders and one from a neighboring Fire Agency who was training with the SSFFD. On July 6th , 2013 the SSFFD along with agencies throughout the region responded to SFO upon hearing of an Asiana Airlines plane crash with 307 passengers and crew members onboard. He first called Paramedic Firefighter Devin Flannery who is a 10 year veteran of the SSFD. He then called Julian Levetzo, an 8 year veteran from the SSFD. Lastly, he called Tony Panache, an employee REGULAR CITY COUNCIL MEETING AUGUST 14, 2013 MINUTES PAGE 2 of the North County Fire Authority. These three individuals saved 7 passengers who were trapped in the burning wreckage and then carried each victim for over 100 yards away from the plane to the safety of the area designated for the triage and treatment of the injured. AGENDA REVIEW No changes. PUBLIC COMMENTS Wynn Grcich referred to an article by Dr. Mercola and touched on the issues of fluoride, arsenic in drinking water, arsenic in chickens, fluoride in antibiotics, insecticides in anti- depressants, suicidal rates in relation to fluoride and psychological problems linked to Prozac. Jessica Munn spoke on the differences between the terms pro - abortion and pro -life. She stated that she was anti-- abortion and pro -life with respect for all people from conception to natural death. She opined that it was scientific and logical that all human beings begin at conception. She continued to say that women who oppose pro -life likely have had abortions and so are in denial. Men who oppose pro -life support abortions so that they can avoid child support payments. She stated that abortion was ugly and that was why it was so necessary that the giant pictures of aborted fetuses be shown to save babies. She closed by pleading with the Council to oppose Planned Parenthood. Ross Foti stated that Kate Mac Kay shared untrue things about him at the previous meeting. He described the events of their confrontation and closed by saying that when he is protesting against abortions, he goes to the place of business not to the house of the abortion doctor. He added that Ms. MacKay incorrectly made public his yearly income and assets. John Prouty commended Mayor Gonzalez for his 12 years of service to the community and his major contributions to the City. He stated that the Mayor was one of the best people he ever met. He opined that he had done an absolutely wonderful job both as a Councilman and as a Mayor. Kate Mac Kay continued from her last Council address. It had been brought to her attention that the majority of the Council has significant ties to the Catholic Church and that there have been acts by a local parish and the Archdiocese which appear to be attempts to influence legislation. This includes a Planning Commissioner who voted for the clinic being relieved of his duties as a Eucharistic Minister, the distribution of fliers instructing the public to contact the Councilmembers to oppose the clinic as well as signs instructing people to vote out Councilmembers who vote for the clinic. She filed a 13909 with the IRS asserting the Archdiocese and All Souls Church are attempting to influence legislation and requesting that the organizations be stripped of their tax exempt status. She closed by describing previous encounters with the protesters. REGULAR CITY COUNCIL MEETING AUGUST 14, 2013 MINUTES PAGE 3 ITEMS FROM COUNCIL • Announcements. • Committee Reports. Councilman Garbarino thanked Mayor Pro Tern Matsumoto for her reverence in planning the successful National Night Out. He also announced that 250 backpacks were distributed to students in South San Francisco. He welcomed Pastor John Mathew Cooner and wished him the best on his new assignment at Holy Redeemers Church on Southwood. Councilman Gupta echoed Councilman Garbarino's comments on National Night Out. He then talked about the Big Lift program and the workforce development. With the help of staff, he got in touch with the new Dean of Math, Science and Technology at Skyline College and they are thinking of mounting a new training on Biotech. He also reached out to Genentech in relation to the science history museum they had previously discussed. Councilman Addiego attended a National Night Out event at the home of Kamala Silva -Wolfe in Paradise Valley. He advised the Council and the Police Department that he had received some complaints relating to cyclists using the sidewalks on Grand Avenue. He also pointed to a video called "Sliders" that showed a wave of crimes at gas stations Mayor Pro Tem. Matsumoto thanked everyone who participated in making the student backpack distribution a success. She also commended employees who worked on National Night Out and stressed how important these events were to bring neighbors together and help prevent crimes. She thanked City Clerk Martinelli for notifying residents of the vacancy on the Citizen's Advisory Committee for the San Mateo County Transportation Authority to resident John Baker was recently appointed. She requested that the meeting be adjourned in honor of Louis Poletti, a city icon who exemplified the industrial city. Councilmember Addiego stated the town is better for Mr. Poletti's life. Mayor Gonzalez announced that on Tuesday August 20th the Community Coalition for Safe Neighborhoods would be meeting at Morelos Hall at 209 Miller Avenue at 6 pm. Councilman Garbarino suggested that City Council cancel the meeting on Wednesday, October 9''. Councilmembers agreed to bring this back for discussion at an upcoming meeting. • Presentation by District Manager of the San Mateo County Mosquito and Vector Control District, Robert Gay. Robert Gay, District Manager of the San Mateo County Mosquito and Vector Control District, thanked the Council for the opportunity to provide an update on services and programs. He announced that as of August 6 , 18 human cases of West Nile Virus were reported from 9 counties in California with 2 fatalities in Sacramento and Los Angeles. In the Bay Area, Santa Clara and Contra Costa Counties recorded the highest West Nile Virus activity since each have one case but also dozens of positive dead birds and mosquito populations. He was happy to report that San Mateo County had no reported human cases, no positive birds or mosquito pools. Staff continues to provide residents with complete mosquito control throughout communities. REGULAR CITY COUNCIL MEETING AUGUST 14, 2013 MINUTES PAGE 4 Mayor Pro Teen Matsumoto noted that as far as mosquito and vector control, the District is doing an excellent job, but her main concern was the District's structure and checks and balances. Since the insurance company denied the Agency's embezzlement claim due to inadequate management practices, insufficient accountability and oversight, she queried whether the District would fund the $796,781. District Manager Gay responded that the denial of the claim was due to a misstatement on the application, which was made by one of the embezzlers. He noted that at this time they were in mediation with Hartford on this issue. In response to further questioning by Mayor Pro Tern Matsumoto, he clarified that in regards to the Finance Committee, all members but one were new. CONSENT CALENDAR Motion to approve the Minutes of the Meetings of July 24, 2013, 2. Motion confirming payment registers for August 14, 2013. 3. Waive reading and adopt Ordinance 1474 -2013 amending Chapters 14.08 and 14.14 of the South San Francisco Municipal Code regarding water quality control pretreatment regulations and standards for private sewer lateral construction, maintenance and inspection. 4. Resolution No. 75 -2013 authorizing the acceptance of $20,000 in grant ffimding from Kaiser Permanente Community Benefit Program to support Project Read's Health Literacy Programming, and Amending the Library Department's 2013 -2014 Operating Budget. 5. Resolution No. 76 -2013 authorizing the City Manager to execute sublease agreements with 1) Panagiota Papadopoulos, dba El Camino Florist, and 2) Sumita Saha and Alex Zammatan, dba Hot Shots Cafe for Commercial space at 636 El Camino Real. 6. Resolution approving the San Mateo County Harbor District's Capital improvement Plan and Management Plan pursuant to the Agreement between the City of South San Francisco, the Successor Agency and the San Mateo County Harbor District. 7. Resolution No. 77 -2013 awarding the purchase agreement to SF Space Solutions of San Francisco, California for the procurement of a high density storage system in the amount not to exceed $39,832. Resolution No. 78 -2013 authorizing the reassignment of a Police Sergeant to the DEA Task Force and addition of one vehicle to the Police Department Fleet; and amending the Police Department's Fiscal Year 2013 -14 Operating Budget. 9. Resolution No. 79 -2013 authorizing the City Manager to approve an agreement with CSG Consultants, Inc. to provide engineering services not to exceed $92,000. REGULAR CITY COUNCIL MEETING AUGUST 14, 2013 MINUTES PAGE 5 10. Resolution No. 80 -2013 amending the 2013 -14 Fiscal Year Budget adding the position of Supervising Library Specialist and revising the salary schedule for the AFSCME bargaining unit. 11. Resolution No. 81 -2013 authorizing the City Manager to execute the Program Supplemental Agreement No. OL39 Revision 000 with the State of California (State), for the 2013 Street Rehabilitation Project. 12. Resolution No. 82 -2013 authorizing the City of South San Francisco to make its annual membership payment in the amount of $20,932 to the San Mateo County Housing Endowment and Regional Trust (HEART) Organization for fiscal year 2014. Motion— Councilman Garbarino /Second— Councilman Gupta: to approve items 1, 2, 3, 4, 7, 8, 10 and 11. Unanimously approved by voice vote. Item 5: Councilman Addiego wanted to showcase this item for the public due to the wonderful outcome, which involved local business leasing commercial space in an exciting new development on the El Camino Real. Item 6: In response to concerns raised by Mayor Pro Tem Matsumoto and Councilman Garbarino, this item was not heard. It was determined it would be brought back at a later date, when a representative from the Harbor District could be available to answer questions. Item 9: Mayor Pro Tern Matsumoto stated her support for this item, but had a question in regard to the Associate Engineer position. Assistant Public Works Director and City Engineer Brian McMinn responded that we have 2 Associate Engineers on City Staff - Andy Tan and Tracy Scramaglia. Item 12: In relation to the HEART endowment, Mayor Pro Tern Matsumoto queried how dues were calculated. Housing Consultant Sanchez explained that the calculation was made on a per capita basis. Motion — Councilman Garbarino /Second- Councilman Gupta: to approve Items 5, 9 and 12. Unanimously approved by voice vote. LEGISLATIVE BUSINESS 13. Waive reading and introduce an ordinance amending Chapter 2.56.050 of the South San Francisco Municipal Code to change the start time of the Planning Commission meetings from 7:30 pm to 7:00 pm. City Planner Kalkin advised that the Planning Commission felt that an earlier start time would be better for the public and for their participation. The start time would also be consistent with many other Board and Commission meetings. REGULAR CITY COUNCIL MEETING AUGUST 14, 2013 MINUTES PAGE 6 Motion- Councilman Addiego /Second -Mayor Pro Tem. Matsumoto: to waive reading and introduce an ordinance amending Chapter 2.56.050 of the South San Francisco Municipal Code to change the start time of the Planning Commission meetings from 7:30 pm to 7:00 p.m. Unanimously approved by voice vote. 14. Waive reading and introduce an ordinance amending the South San Francisco Municipal Code Title 8, adding Chapter 8.63 related to Shopping Cart Removal, Impoundment, and Disposal. Public Works Management Analyst Justin Lovell presented the staff report supported y a PowerPoint Presentation. The ordinance would enable staff to enforce the State Shopping Cart Theft Law, improve public health and safety by reducing the number of shopping carts found on streets and reduce blight and the appearance of deterioration in the City. The Public Works Department collected an average of 4 shopping carts per day during the year 2012 -2013, at a cost of $21 per cart which amounted to approximately $23,000 for the year. This ordinance is an effort to reduce those expenses. Some of the provisions include obligating all cart owners to affix proper signage to carts according to State Law and submitting a loss prevention plan to the City. Owners of properly marked abandoned shopping carts will be notified and given 3 days to retrieve the cart. If picked up after the deadline there would be an administrative fee for the notice and collection, and if not picked up within 30 days, the cart could be disposed of or sold. The Code Enforcement Division would administer the fines or recouping of costs. In response to Mayor Pro Tern Matsumoto's inquiry into the retrieval of shopping carts from the Colma Creek, Public Works Director Terry White clarified that the City has a maintenance agreement with San Mateo County that enables the City to retrieve carts form the creek. Mayor Gonzalez noted that there are also abandoned carts on the Bay Trail and wondered why the businesses did not try to retrieve them. Michael Harris, a member of the public, commented that he has been bringing carts back to Trader Joe's and Costco for quite a few years and when he complained to those establishments, they responded that they have a service that picks up carts once a month. He suggested that this ordinance should go even further by making sure that people take responsibility and bring the carts back to the establishments so they don't become waste. Motion- Mayor Pro Tern Matsumoto /Second- Councilman Gupta: to waive reading and introduce an ordinance amending the South San Francisco Municipal Code Title 8, adding Chapter 8.63 related to Shopping Cart Removal, Impoundment, and Disposal. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 15. Resolution No. 83 -2013 appropriating $316,000 from Equipment Replacement Fund reserves to purchase one hundred eighty eight (188) personal computers, and authorizing the City Manager to execute agreements with DELL Marketing L.P., and with CDW -G LLC to purchase the necessary licenses of Microsoft Office 2013. IT Director Doug Hollis stated that due to the recession his department had taken an aggressive approach to not replacing computers on a regularly scheduled basis. They moved the computer REGULAR CITY COUNCIL MEETING AUGUST 14, 2013 MINUTES PAGE 7 replacement from 4 years to 5 years and started replacing computers on an as- needed basis in order to make it through the economic downturn. However, staff was now recommending the purchase of 188 computers since Microsoft has announced that it will not support the Microsoft XP Operating System that 188 computers of the City's computers use. Therefore, the replacement is needed due to security risks. Some of these computers were purchased back in 2005. Councilman Gupta suggested that instead of disposing of the old computers, it would be worth exploring whether they could be donated to be used by students or the Boys and Girls Club. Councilman Addiego noted that this was worth exploring. In response to Mayor Pro Tem Matsumoto's concern regarding the City's ability to wipe the hard drives of confidential material, IT Director Hollis clarified that normally, staff would destroy the hard drives and get rid of them through electronic waste programs. He noted that it would be possible to have staff wipe the hard drives clean and then donate them but the recipients would need to buy an operating system which would cost about $150. He concluded that he would meet with the Boys and Girls Club to see if there would be any merit to proceeding in that direction. Motion- Councilman Addiego /Second -Mayor Pro Tem Matsumoto: to approve Resolution 83- 2013. Unanimously approved by voice vote. 16. Resolution No. 84 -2013 of the City Council of the City of South San Francisco authorizing the execution and delivery of a lease with option to purchase three street sweepers and declaring the City's intention to reimburse itself with the proceeds of tax exempt lease financing for acquiring the street sweepers. Finance Director Steele advised that it had been the City's practice for the past 10 years to lease large vehicle purchases over $200,000 to preserve cash. With today's interest rate environment, the net cost to the City of doing so was fairly minimal. The budget that staff was presenting to the City Council both for the 2012 -2013 year and the 2013 -2014 year had provisions for lease financing for a total of 3 street sweepers. In response to Councilman Addiego's concern that the City was not using reserves to make these purchases, Finance Director Steele reiterated that this would preserve cash and that the City clearly could not afford to buy the expensive equipment with cash because it does not put enough into the equipment replacement fund. For all 3 street sweepers the extra interest cost over 5 years would be a total of $36,000. Councilman Gupta stated that although he initially had some doubts about this decision, he ultimately felt it may be better to preserve the cash. In response to his query regarding the actual cost of purchase, Finance Director Steele advised that it would be roughly $680,000 out of pocket. Mayor Pro Tem Matsumoto observed that reserves would be needed for the Caltrain Tunnel. Motion- Councilman Garbarino /Second- Mayor Pro Tem Matsumoto: to approve Resolution 84- 2013. Unanimously approved by voice vote. REGULAR CITY COUNCIL MEETING AUGUST 14, 2013 MINUTES PAGE 8 17. Resolution No. 55 -2013 amending the 2013 -2014 Capital Improvement Program, to include the Police Department Building Security Upgrade Project; appropriating a project budget of $176,000, and authorizing staff to prepare plans and specifications and advertise for construction of the project. Public Safety Chief Massoni stated that this was an extension of a recent discussion regarding plans for building upgrades for the Police Department. The four items included bringing up the front counter area in the lobby to current standards including ADA compliance, hardening the entry doors since the glass doors are not secure, updating surveillance camera equipment within the building and installing an emergency alarm system in the jail due to the fact that officers remove their weapons to enter the jail facility and sometimes face resistance from arrested persons. Thus, they were requesting to include $176,000 in the CIP to be funded out of the drug seizure fund. Motion- Mayor Pro Tem Matsumoto /Second- Councilman Garbarino: to approve Resolution No. 85 -2013. Unanimously approved by voice vote. 1 S. Motion Authorizing the Fire Department to obtain a decommissioned US Coast Guard Rescue Boat to replace the current South San Francisco Fire Department Rescue Boat. Deputy Fire Chief Nuckolls presented the staff report seeking to obtain a decommissioned US Coast Guard Rescue Boat to replace the current SSFFD rescue boat. The new boat would be slightly larger at 25 feet and feature some safety enhancements. This would be at no cost to the Fire Department but it would propose to remove the motors from the current boat and put them on the new boat since the motors were replaced in 2009 and were in good shape. Responding to Councilman Garbarino's query on the features of the boat, Deputy Fire Chief Nuckolls shared that the best enhancement on the new boat was the weapon mount that would give staff the capability to place a monitor and pump to flow water for firefighting operations. It would also be an improvement for extended operations since the current boat left staff vulnerable to weather conditions. In response to Councilman Gupta's question on the usability of the current boat, Deputy Fire Chief Nuckolls stated that it was usable but 17 years old and this was an opportunity to upgrade to a better boat for little or no money. They were planning on decommissioning the current rescue boat and making it available to other local government agencies after they removed all the needed equipment. Motion- Councilman Garbarino /Second- Councilman Gupta: to authorize the Fire Department to obtain a decommissioned US Coast Guard Rescue Boat to replace the current South San Francisco Fire Department Rescue Boat. Unanimously approved by voice vote. 19. Housing Element Annual Report. Senior Planner Catherine Barber presented the Housing Element Annual Report. South San Francisco adopted the current Annual Report in June 2009 and under State Law is required to provide an annual report on the status of progress and implementation of the City's policies and housing element. The report will not change policy or require any further action and will be REGULAR CITY COUNCIL MEETING AUGUST 14, 2013 MINUTES PAGE 9 forwarded along to Housing and Community Development. It was not until recently with the adoption of SB 375 that the requirement changed somewhat in requiring Council review before submittal to HCD. Therefore this report would be presented to Council annually from this point forward. For this year, in terms of housing, the City produced 247 units including 124 affordable units. The ability of South San Francisco along with other communities to meet RENA housing numbers had been affected by the economic downturn and the dissolution of the RDA. Therefore, it is not just this City that has been struggling to meet RENA numbers. Councilman Garbarino inquired on the status of any legal challenges regardin§ Plan Bay Area, to which, Senior Planner Barber responded that the formal adoption on June 18t is recent but there have been no legal challenges thus far. In response to Mayor Pro Tern Matsumoto's inquiry on any units currently being built or in progress to be credited to 2013, Senior Planner Barber clarified that there may be some single - family homes or duplexes but nothing major. Mayor Pro Tem Matsumoto was also concerned that since the City only produced 247 units out of 1300 that were required, that there may be consequences or penalties. Senior Planner Barber assured Council that they would only face penalties if it did not certify the element or do annual reporting. As far as the housing numbers, there would be no penalties at this point. To answer Councilman Gupta's ftwther inquiry into potential penalties, Senior Planner Barber explained that the State wants to make sure that cities are proceeding with the things that they committed to such as re- zoning or housing shelter requirements and as long as they are following through with the goals and policies set forth when the housing element was adopted there are no penalties. In response to Mayor Pro Tern Matsumoto's statement of clarification regarding the responsibility of the City to create a number of jobs and housing, Assistant City Manager Van Duyn noted that it was up to the City to come up with plans that demonstrate that the RENA numbers can be met if the opportunity for that housing moves to a construction point. The difference with the RDA is that the city doesn't have the funds available now to do a lot of the low and very low income projects to stimulate that marketplace. It doesn't mean that they are still not part of that 1300 which stays constant. The housing element has to show that if there was an opportunity to build units in the City that the City had the space, zoning and no impediments that would allow the City to build those units. Most of the units being built below market or otherwise are not being built by the City. The way the City maintains consistency to remain competitive and maintain the ability to apply for grants, is to have an adopted housing element. That has to be consistent with RENA regional housing allocation numbers which are then broken down by the requirements on income and stratification. Since the City can no longer include the rental units in those numbers, it has become more difficult to meet the RENA requirements. Motion- Councilman Garbarino /Second- Councilman Gupta: to approve the Housing Element Annual Report. Unanimously approved by voice vote. COMMUNITY FORUM None. REGULAR CITY COUNCIL MEETING AUGUST 14, 2013 MINUTES PAGE 10 ADJOURNMENT. Being no further business, Mayor Gonzalez adjourned the meeting at 9:58 p.m. in honor of Louis Poletti. Submitted: REGULAR CITY COUNCIL MEETING MINUTES Approved: Pedro Gonzalez Mayor, City of South S AUGUST 14, 2013 PAGE I I