HomeMy WebLinkAboutMinutes 2014-05-28 @7:00 MiNUTES
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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