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HomeMy WebLinkAboutMinutes 2014-05-28 @7:00 MiNUTES o„„sANF CITY COUNCIL o�9 � H ,,, CITY OF SOUTH SAN FRANCISCO O VrAglrir REGULAR MEETING c9LIFORa0' MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, MAY 28, 2014 7:00 P.M. CALL TO ORDER TIME: 7:05 p.m. ROLL CALL PRESENT: Councilmember Addiego, Gupta and Normandy, Vice Mayor Garbarino and Mayor Matsumoto. ABSENT: None. PLEDGE OF ALLEGIANCE Led by Mayor Matsumoto AGENDA REVIEW No changes. PRESENTATIONS • Presentation on before/after of downtown improvements given by Tom Carney, Safety Inspector I. Rescheduled for the meeting of June 11. • Certificates of Recognition presented to Sergeant Schwartz and Officer Amador. Certificates presented by Councilmember Gupta and accepted by Officer Amador and Sergeant Schwartz. • Certificate of Recognition presented to John Rheno of Terra Ferma Landscapes in honor of being named"Best in Show” at the San Francisco Flower and Garden Show. Presented by Councilmember Normandy and accepted by Mr. John Rheno of Terra Firma Landscapes. • Certificates of Recognition presented to the Jack Drago Youth Scholarship recipients. Presented by Cultural Arts Commission Chairperson, James Bertoldi to students Alma Gomez of South San Francisco High School and Alina Rai of El Camino High School. • Proclamation for the 10th Annual San Mateo County Disaster Preparedness Day. Presented by Vice Mayor Garbarino and accepted by Safety Inspector I, Tom Carney. • State of the City presentation given by Mayor Matsumoto. Mayor Matsumoto gave an encore presentation this evening so it could be heard by a broader audience. The address had previously been given at the State of the City Luncheon earlier in the month. PUBLIC COMMENTS Malia Middler, Maria Vasquez, Amy Meintz and Mike Horsby, residents and parents, were present to ask that Council direct the Parks and Recreation staff to work with the school district in creating an after school program for middle school children. Each spoke of the gap that existed for this age group and how it could lead to potential issues in public safety. The parents noted a June 12 School Board meeting at which they hoped Council could participate and bring some resolution to the issue. Mayor Matsumoto recounted the interactions with the School District in regards to a middle school program. She suggested the speakers address the District and Superintendent Hogan further as she had received their message that the City's help was not needed when efforts to offer services and expertise had been made on previous occasions. In addition, Parks and Recreation is stretched thin on program management. She did however note, that the City planned to run some experimental programs through Big Lift. Vice Mayor Garbarino asked for the time and location of the School Board meeting. He noted there would only be two weeks to prepare a proposal. He felt the planning of the District was either very poor or contrived. The date and time of the meeting was given as June 12, 7 p.m. at the Municipal Services Building. Ms. Middler stated her opinion that the relationship between the City and the District was broken, a situation she found very discouraging. She asked if all parties could come to the table to discuss the matter further. Council understood their frustration, but unfortunately there was nothing the City could do. Attempts at remedying citywide issues were still being made and the bottom line was there are no resources available to take this on. Councilmember Normandy related the recent issue with the Ponderosa afterschool program, where the expansion for 20 families on the waiting list took five (5) months to approve and only then with Superintendent Hogan offering use of the portable for one (1) year. She added that in order for the City to run programs in a successful and ongoing manner, we needed the commitment of space. We cannot place families and hire employees based on the availability of a portable. She also believed that these conversations need to be had with the School Board. REGULAR CITY COUNCIL MEETING MAY 28,2014 MINUTES PAGE 2 COUNCIL COMMENTS/REQUESTS Vice Mayor Garbarino requested the meeting be adjourned in memory of Mary Kranz. CONSENT CALENDAR 1. Motion confirming payment registers for May 28, 2014. 2. Motion to accept the Police Department Security Upgrade of the Front Counter and Chief's Office Project (Project No. pfl409) as complete in accordance with the plans. (Total construction cost $62,025). (Brian McMinn, Public Works Director) 3. Resolution authorizing the City Manager to amend a Professional Services Agreement with Pacific Municipal Consulting in the amount of$19,425 for a total not to exceed amount of $281,105 for completion of Climate Action Plan and Pedestrian Master Plan. (Susy Kalkin, City Planner) 4. Resolution approving a Consultant Services Agreement with William Avery and Associates for executive recruitment services for up to four positions in an amount not to exceed $85, 900, and authorizing the City Manager to sign the agreement. (Mich Mercado, Interim Human Resources Manager) Discussion requested for items one (1) and three (3). Item 1 - Mayor Matsumoto had questions on the following specific items: Consulting services for Cassandra Prudhel; $2000 for photography services for Streets Alive; Black tie affair refund; and bullet guard for the Police Department. She requested information be provided in Council's Friday packet. Item 3 - Mayor would like to have staff look into it and possibly extend the City Manager's Approval limit up to $50,000. City Manager Futrell stated a survey of local cities could be conducted to see what they do and also examine any best practices. Motion - Councilmember Addiego/Second -Vice Mayor Garbarino: to approve consent calendar. Unanimously approved by roll call vote. PUBLIC HEARING 5. Resolution establishing increased sewer service rates for Fiscal Year (FY) 2014-2015, amending the master fee schedule to include the rates, adopting the "Report of Annual Sewer Rental and Charges" for FY 2014-2015, and establishing Maximum Not to Exceed Rates for Fiscal Years 2015-16 through 2016-17. (Brian McMinn, Public Works Director) REGULAR CITY COUNCIL MEETING MAY 28,2014 MINUTES PAGE 3 Mayor Matsumoto opened the Public Hearing at 8:16 p.m. and reviewed the process for conducting the hearing and collecting public comments and/or protests. Public Works Director Brian McMinn summarized the staff report, providing information on the three year sewer rate plan including the proposed rates for fiscal years 2014/15 through 2016/17; Capital Improvement Project ("CIP") funding, Sewer CIP funding, and the noticing procedures that were followed under Proposition 218. Staff recommendation was to receive public testimony, close the hearing, tabulate written protests and if no majority protest is received, by motion, approve a three year sewer rate plan. Public Comment - Mr. Weber was present to protest the structure of the rate increase, noting that single unit properties would take brunt at 10 percent, while the multi-family unit would see a one percent decrease. It was not the increase itself but the way it was unevenly structured. He respectfully requested that Council postpone the vote until a more equitable calculation could be determined. Most single family units will use more water based on the necessities of a single family dwelling. He also asked that consideration be given to the elderly and other residents on fixed incomes. Being no further comment, Mayor Matsumoto closed the public hearing at 8:30 p.m. Vice Mayor Garbarino requested clarification as to how the rates had been calculated. Director McMinn responded that usage for 2010 between the two (2) different classes were looked at and averaged, specifically the winter months when people would not be irrigating lawns. Meters readings were done January- March, and December of 2010. Councilmember Addiego asked if having three (3) months of a reserve was policy or suggested at the state level. He thanked the speaker for his comments and recalled a discussion on flat fees versus flow rate. He felt this conversation should be revisited at some time in the future. Director Jim Steele responded that Bartle Wells had been commissioned to look at the rate structure and reserves; they recommended this as a best practice. Director McMinn noted the last time staff had looked into the flow based rate was in October, 2011 and added that staff could definitely bring it back for future discussion. Vice Mayor Garbarino agreed with Councilmember Addiego's comment. Councilmember Gupta summarized his understanding of the rate setting. He added that as technologies become available, the added maintenance expenses would need to be factored in. Regarding the Single Family Unit versus Multi-family Unit rate adjustments, he explained that these were corrective measures. Mayor Matsumoto noted there were no further comments from Council or the public and called for the written protests to be tallied and reported. Bartle Wells representative counted 37 written protests generated from the 18,196 notices mailed out. This represented a little more that .02 percent, not meeting the muster for a majority protest. REGULAR CITY COUNCIL MEETING MAY 28,2014 MINUTES PAGE 4 Motion - Councilmember Gupta/Second - Councilmember Normandy: to approve Resolution.No. 60-2014. Unanimously approved by roll call vote. 6. Resolution rescinding the award of an Energy Services Consulting Agreement to Tanko Lighting of San Francisco, CA, cancelling the purported agreement, and directing staff to issue a new request for proposals. (Justin Lovell, Management Analyst II) Director McMinn summarized the staff report stating that while preparing documents for contract execution, it came to the attention of staff that in order to submit a proposal to the City for the Project, a person or firm must possess a contractor's license at the time of proposal submittal. At the time of submitting its proposal to the City, Tanko Lighting did not possess a valid contractor's license as required by the California State Contractor's License Law. As Tanko Lighting did not possess a valid contractor's license at the time of submitting its proposal to the City, California Business and Professions Code Section 7028.15 required the proposal to be considered non- responsive. In order to comply with the referenced code, staff recommended Council rescind the award of an Energy Services Consultant Agreement to Tanko Lighting. Mayor Matsumoto opened the public hearing at 8:43 p.m. Having heard the staff report and receiving no public comment, Mayor Matsumoto closed the public hearing at 8:43 p.m. Before calling for a vote, Mayor Matsumoto made comment about the importance of process and asked Director McMinn if precautions were put in place to avoid this situation in the future. Director McMinn explained the contracting vehicle used this time was something staff was less experienced with and that they had worked off of examples from other agencies. He assured Council the error would not happen again. Vice Mayor Garbarino suggested the creation of an internal punch list before creating the bid document, then transferring it directly to the bid document so that the bidder understands all that is required of them. Councilmember Gupta wanted to add an element to avoid future incidents. In this case he felt the error was the overlooking of a legal statute and being such, was there a mechanism of keeping track of any new wrinkles that may be coming down from the state in terms of requirements for processes. City Manager Futrell stated he understood the question; what steps does the City take to stay on top of the constantly evolving state and federal laws. City Attorney Mattas stated laws were monitored as they were adopted. Either the City Attorney's office or the League of California Cities monitors and disseminates the information. The Attorney's office then works with staff to see what is applicable and address any additional training that may need to be implemented to assure that we have best practices in place. Mayor Matsumoto stated what her obligations were when she held the position of Labor Compliance Officer. Councilmember Normandy asked the number of replacement lights given in the scope of work and if there was some comparisons made to the scopes of work submitted by other cities. REGULAR CITY COUNCIL MEETING MAY 28,2014 MINUTES PAGE 5 Director McMinn stated the scope of work was for the installation of approximately 4000 street lights and the consulting services for inventory and database processing of rebates. He stated the RFP process entailed the type of comparisons described. City Manager Futrell stated the process was to be reviewed, resulting in training on requirements and best practices. Mayor Matsumoto requested going over the reference check questions asked by engineers, as she found them to be less than satisfactory. Motion - Councilmember Addiego/Second - Councilmember Normandy: to approve Resolution No. 61-2014. Unanimously approved by roll call vote. 7. Continuation of appeal of Planning Commission's Condition of Approval C.III, related to the imposition of East of 101 Traffic Impact Fee, included as part of the approval of the Park SFO Expansion project at 195 North Access Road in the Mixed Industrial (MI) Zone District, in accordance with SSFMC Chapter 20.570. (Catherine Barber, Senior Planner) Public Hearing opened at 8:54 p.m. City Manager Futrell provided a brief update, stating staff had met with Park SFO and had scheduled a subsequent meeting where an amicable resolution was hoped to be reached. Therefore, he was requesting to postpone this item to the meeting of June 11. Mayor Matsumoto sought clarification on whether the applicant was objecting having to pay a fee altogether, or to the way the fee was calculated. City Manager Futrell stated his belief was the applicant took issue with the calculations. Hopefully the differences could be separated out and an amount could be agreed upon at the scheduled meeting. Councilmember Normandy sought clarification on if the fee amount would be based on spaces or cars. She also asked about the potential of fire code violations. City Manager Futrell understood that clarification was still needed and as such, this would be a central issue of discussion. Ancillary issues may come out and the hope was to deal with those separately, with the current focus remaining on the appeal. Motion - Councilmember Gupta/Second - Councilmember Addiego: to continue the public hearing until June 11, 2014. Unanimously approved by roll call vote. ITEMS FROM COUNCIL—COMMITTEE REPORTS AND ANNOUNCEMENTS Vice Mayor Garbarino shared that he had been named as Distinguished Person of the Year by the Carpenters Union and given an honorary membership. He is only the second elected official to be awarded the honor,the other being Gene Mullin. REGULAR CITY COUNCIL MEETING MAY 28,2014 MINUTES PAGE 6 Councilmember Gupta reported on his attendance of a Biosciences Workshop at Olani College in Union City. He shared that they have grants that could provide a similar class at no cost to the City organization. He thought perhaps this would be useful to set up before attending the conference at the end of the month. Councilmember Normandy reported out of the School District Liaison meeting where lease agreement terms for the building currently used as the Community Learning Center and the Joint Powers Agreement between the District and the City were discussed. Also reported on was her attendance of the Housing Endowment and Regional Trust ("HEART") meeting. She thanked Elaine Garbarino and participating local businesses for donations made to the South San Francisco basket that was raffled off at the HEART luncheon. Councilwoman Normandy also informed Council that the HEART Board would be rescinding a letter that was sent to Brookwood in regards to financial funding. Mayor Matsumoto asked how much HEART dues were and when they would be payable. City Manager Futrell stated the amount was reported in the Economic and Community Development portion of the budget and was approximately$20,000. Councilmember Addiego began with congratulations to the Vice Mayor on his award. He reported on his attendance of the City's Memorial Day program and thanked the Mayor for bringing this event to the City. Councilmember Addiego spoke about some emails that he had become aware of and stated that he felt the communications were too loose. Additionally, he did not appreciate, and took offense to the way he felt Councilmembers had been portrayed, believing it to be inappropriate and inaccurate. He cautioned that the conversational manner in which we speak may not always be appropriate in written communications, and that all of the correspondence sent in an official capacity is open for public inspection. There were other matters which he did not wish to air, that he would discuss with City Manager Futrell. He also spoke of an interaction that related to the awning program and how the way information on the program had been communicated to an interested party had caused the business owner to lose interest in participating. He would share this information with the City Manager as well. Additional comments about the program's insurance requirements, with question as to what the standard bond amount was. Some members of the business community had been told $4 million, but$2 million was understood as the standard. Mayor Matsumoto requested staff identify the electronic billboards discussed in Council's Friday packet and that when the Planning Commission hears the matter regarding a hotel on Fairfield, the landscaping be given consideration along with the architecture. She also requested staff look into if an ordinance existed to address the landscaping as you enter South San Francisco from the Northbound 101 headed towards the Conference Center. If no ordinance existed, she wanted to discuss the feasibility of drafting one to address the issue. Vice Mayor Garbarino also noted the lack of signage indicating the presence of the Conference Center. He asked that staff look into improving the current sign placement or adding signage. Lastly, the Mayor apologized to Council about the earlier discussion regarding the School District. She spoke on some of the history of the relationship, and noted that in order to be the best City, there must be a successful partnership between the City and the District. REGULAR CITY COUNCIL MEETING MAY 28,2014 PAGE 7 MINUTES Councilmember Addiego felt that pointing out the inefficiencies may be part of the problem and the direction needed to go towards healing. Councilmember Normandy shared the frustration and noted that due to the successful work of the Redevelopment Agency, the district was given $12.2 million. She felt there was opportunity, but reiterated her earlier sentiments that what was needed were long term commitments, as the City could not invest money and staffing into something that was short term. ADJOURNMENT Being no further business, Mayor Matsumoto adjourned the meeting at 9:22 p.m. in memory of Mary Kranz. Submitted by: App'S ved •,: Anna M. Brown, Deputy City Clerk K. • atsumoto, Mayor City of South San Francisco City of South San Francisco REGULAR CITY COUNCIL MEETING MAY 28,2014 MINUTES PAGE 8