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HomeMy WebLinkAboutMinutes 1994-07-22Mayor Joseph A. Fernekes Council: Jack Drago John R. Penna ~Roberta Cerri Teglia ' Robert Yee MINUTES City Council Municipal Services Buildin~ Community Room July 22, 1994 033 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO JULY 22, 1994 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the City Council of the City of South San Francisco will hold a Special Meeting on Friday, the 22nd day of July 1994, at 8:00 a.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: I. Discussion of the proposed Fiscal Year 1994-1995 Budget and give direction to staff regarding the budget. Public Hearing - To consider stormwater management service charges for Fiscal Year 1994-95; Continued from the 7/13/94 meeting after the Public Hearing was opened; conduct Public Hearing; resolution imposing charges on the property tax roll and accepting Report. A RESOLUTION ESTABLISHING STORMWATER MANAGEMENT SERVICE CHARGES TO PROVIDE REVENUE FOR THE IMPLEMENTATION OF THE STORMWATER MANAGEMENT PLAN FOR FISCAL YEAR 1994-1995 3. Motion to adopt Storm Water Management and Discharge Control ordinance - continued from the 7/13/94 meeting. AN ORDINANCE REPEALING CHAPTER 14.04 ENTITLED UNLAWFUL DEPOSITS IN STORM SEWERS AND ADDING CHAPTER 14.04 ENTITLED "STORM WATER MANAGEMENT AND DISCHARGE CONTROL" OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE City Clerk City of South San Francisco Dated: July 14, 1994 ALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) 7/22/94 Page 1 AC_I!ON TAKEN 8:10 a.m. Mayor Fernekes presiding. Council Present: Drago, Penna, Teglia, Yee and AG_E_NRA ACI!Q_N TAKEN Public Hearing - To consider stormwater management service charges for Fiscal Year 1994-95; Continued from the 7/13/94 meeting after the Public Hearing was opened; conduct Public Hearing; resolution imposing charges on the property tax roll and accept- ing Report. ,;5'0 ~ c~ A RESOLUTION ESTABLISHING STORMWATER MANAGEMENT SERVICE CHARGES TO PRO- VIDE REVENUE FOR THE IMPLEMENTATION OF THE STORMWATER MANAGEMENT PLAN FOR FISCAL YEAR 1994-1995 Motion to adopt Storm Water Management and Dis- charge Control ordinance - continued from the 5t0q3 7/13/94 meeting. ~' I ~ AN ORDINANCE REPEALING CHAPTER 14.04 ENTITLED UNLAWFUL DEPOSITS IN STORM SEWERS AND ADDING CHAPTER 14.04 ENTITLED "STORM WATER MANAGEMENT AND DISCHARGE CONTROL" OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE O34 Fernekes. Council Absent: None. Mayor Fernekes stated the Council would take the stormwater item first. City Manager Wohlenberg stated staff had put to- gether a lot of information on the issues raised at the last meeting on what was mandated and how the program was administered. Interim City Attorney Mattas stated it originated with the Clean Water Act Amendment in 1987. There were regulations issued by the Federal EPA in 1990 and the Act itself and requirements are en- forced by the Regional Water Quality Control Board in California. The Stormwater Program is applica- ble to municipal governments, because of the stormwater operations that they maintain and oper- ate, and specifically is applicable to cities in San Mateo County by order of the Regional Board, set out in July of 1991. In that order, the Regional Board determined that the pollutant level into the bay is exacerbated by stormwater mn-off and they required all cities in San Mateo County and the County itself to come up with a stormwater man- agement plan program. He stated the City of S.S.F. was a joint applicant for the permit to discharge stormwater mn-off into the bay. That permit was issued about a year ago and is the basis upon which we have the management program. The Federal law requires that the stormwater management program include require- ments to effectively prohibit non-stormwater dis- charge into storm sewers and, in a very broadly worded way, requires controls to reduce the dis- charge of pollutants to the maximum extent prac- ticable, including management practices, manage- ment techniques and engineering methods. It is that kind of broad, overall statement that forms the basis for the subsequent Federal regulations and their actual impacts on the city by the issuance of this permit and this program. He stated the program itself was developed on be- half of this joint application of the cities and the County and was developed by a consultant to that group. He stated that the Director of Public Works had 7/22/94 Page 2 AGENDA ACTION TAKEN O35 2. and 3. Continued. 7/22/94 Page 3 indicated there was considerable discussion between the cities, the County and the Regional board over what would be the final condition of the stormwater management program and the result of that is this program - set forth in Cheryl Mitchell Wade's re- port. Discussion followed: in the report, the Director of Finance noticed potential reductions - where the State is looking at taking from us the storm drain fee in the amount of $198,000; how could this happen when it is a Federally mandated program; our fee is a proposed $453,000 for maintenance, enforcement coordination, inspection and administration; there was talk of moving the maintenance back into the General Fund, which amounted to $255,000; the $453,000 was coming from a tax on the property owners; if a tax was not imposed, it would come from the General Fund; the $22.00 property tax covers the $453,000; Councilman Penna had re- quested the City Manager contact legislators in Washington to see why it was being mandated with- out a reimbursement and if there are plans to change the mandate; telephone contact had been made with the legislators by Ms. Mitchell Wade and a letter is forthcoming; Councilman Drago reiterated that he did not support the specific objectives of the plan that consultants and staff had worked out on the County level on what we could be doing and did not go along with the cost nor the funding mechanism; requirements of the Plan on educational programs and how they compared with Federal requirements; C/CAG was formed to set up and develop plans for funded mandates and this is the first mandate that was not funded that they handled; C/CAG felt it was irresponsible to not follow a Federal mandate; Coun- cilman Drago pointed out that the Congestion Man- agement Plan was also not funded - does that mean the City will put another tax on the people; he still did not understand why the stormwater program could not be placed under the Director of WQCP and save the $150,000; he wanted to know the cost for monitoring the drains and then what it would cost, on the outside, to cut down the $453,000; City Manager Wohlenberg stated one inspector will not be hired until January, so he could reduce the bud- get by that; he talked to the County Health Director, who said his Department could take over the stormwater inspections if the Council chose to do that after looking at the costs; that could eliminate $30,000 for an inspector; the AGENDA ACTION TAKEN ~ 2. and 3. Continued. 7/22/94 Page 4 036 District Attorney could take over the violations; nothing is charged to the homeowners in San Marco County for the hazardous materials, because the businesses are paying for them; if the City did not stop the taxes at this level it will never stop them, because they will escalate; the City is closing the library for a lack of $20,000, yet the City has to spend $455,000 on the Stormwater Program. Mayor Fernekes closed the Public Hearing and immediately reopened it, due to speaker cards. Mr. Jake Jones, 12 El Campo Dr., questioned C/CAG: do they have a vested increase; do they get increases in their fees in the immediate future; what are they being paid; suggested dumping C/CAG; why was San Bruno only charging $.70 per parcel, while this City is charging $22.00 per parcel; why was the street sweeping being transferred into this fund, when it was a service we have always done and felt charging for it was illegal; school kids were painting, so the cost is for administration; he wanted to see the water cleaned up, but do it according to who is polluting the water; this fee was going to escalate and create a whole new bureaucracy; etc. City Manager Wohlenberg related: their budget is $1.2 million; the cities have a proportionate share of that fee; C/CAG has agreed to put the fee on the property tax rolls as a separate levy; etc. Discussion followed: the C/CAG fees came from the General Fund; continuing with C/CAG would be discussed in the budget; there was a $4.50 fee on the taxrolls; Interim City Attorney Mattas stated the costs for street sweeping stay in the General Fund and the residents are not being charged; the fees are authorized under Health and Safety Code as a part of the program and the inspection mandated; the administration is part of the program and those are fees and not taxes; San Bruno was raising $180,000 - which was a policy decision; the maintenance cost is $255,000; $198,000 in new costs for inspection of the businesses and public information; etc. Mr. John Falsaralla stated he owned property in S.S.F., was a resident for 25 years and questioned why there was nothing from staff on what has been done on Federal mandates. He stated he lives in Millbrae now, the Millbrae AGENDA ACTION TAKEN (3.37 2. and 3. Continued. 7/22/94 Page 5 Council was scared into a vote by the idea that the City can be fined $10,000 and he had asked to see any pending suits in California. When they talked about Sacramento's lawsuit - it had nothing to do with stormwater drains. Mr. Dennis went back to Washington, D.C. on a business trip that had noth- ing to do with this and met Congresspeople Barbara Boxer, Diane Feinstein, Tom Lantos and Congress- man Condor. Congressman Condor has a bill that the Federal mandates have to be funded and in opposition is Congressman Miller. It is before the Senate itself and it is ready for floor action. He spoke: the people in Millbrae who have been talking to their congressmen about the need for the bill; when the Government starts mandating educa- tion that we have to pay for, when a fourth grader can say don't throw this into the drains; to imple- ment this program the City has to hire an Adminis- trator for $60,000, an Assistant for $40,000 and fringe benefits for another 25%, which is put on the property rolls as a sewer tax; he appreciated the fact that Councilmen Drago and Penna are concerned over this tax; this would create another bureaucracy with more people feeding out of the public trough; there were cases in the County that Proposition 172 funds were being spent on other than public safety; older people cannot afford Cable TV to watch Coun- cil meetings to learn about these taxes and you are imposing more taxes; the Council should make the people they already have do this work; etc. Councilman Penna stated his appreciation for the points raised by Mr. Falsarella and to Councilman Drago for having been steadily opposed to a tax. He stated that Council had before them a memo from the Interim City Attorney outlining the legal requirements our City is faced with and proceeded to relate what those were. Interim City Attorney Mattas stated Council has permits for the stormwater runoff and, if the City chose not to conform, they can face any of the liabilities and can be fined - which is discretionary by the Regional Water Quality Board. There are a couple of incidents of other Regional Boards en- forcing, i.e., County of San Diego and San Marcos - and there could be fines up to $25,000 a day. Discussion followed: there has to be a criteria; staff should tell Council; cease and desist orders AGENDA A~!!Q~ TAKEN 2. and 3. Continued. ECESS: RECALL TO ORDER: Discussion of the proposed Fiscal Year 1994-1995 Budget and give direction to staff regarding the bud- get. 512.0 City Attorney's Budget: then a fine if you are in non-conformance; how could the City be out of compliance when they are paying a million dollars a year to the County - which will grow; the Council had no choice but to vote for it; a letter should be sent to C/CAG telling them of the Council dissent; etc. City Clerk Battaya read the title of the ordinance in its entirety. M/S Teglia/Yee - To adopt the Resolution as amend- ed to reflect a $30,000 reduction. RESOLUTION NO. 97-94 Carried by majority roll call vote, Councilman Drago voted no. M/S Teglia/Penna - To adopt the Ordinance. ORDINANCE NO. 1145-94 Carried by majority roll call vote, Councilman Drago voted no. Council adjourned to a recess at 9:15 p.m. and Councilwoman Teglia left the meeting to attend an Airport meeting and did not return. Mayor Fernekes recalled the meeting to order at 9:28 p.m., all Council was present, except Council- woman Teglia. Councilman Penna related: concern over a letter from the Finance Director, dated 7/19/94, which went out on his behalf on buildings and parks in the City that need deferred maintenance. He felt funds should be set aside for that; the memo stated that $430,000 should be allocated a year - while that is not feasible in this budget, he wanted that consid- ered before anything else was done; he was con- cerned the City was begging for a lawsuit because of the bad shape of the buildings and parks were. He expressed concern over the City Attorney's budget in regard to the amount of funds expended on the outside vs. inside City Attorney services. He stated at the 6/24/94 meeting the firm offered a monthly $16,000 contract, which would be without in-house services. When Mr. Nave's firm was hired the firm would charge $10,000 each month. Bring- 7/22/94 Page 6 AGENDA ACTION TAKEN 1. Budget - Continued. 7/22/94 Page 7 039 ing forward the amounts spent to date, through June, totals $45,499, which is over budget. He was also notified that the retainer has increased and is over $30,000, etc. He cited his concern: the Council needed to think in terms of the budget, because the firm was over budget right now; a private law firm is going to have a more difficult time in the budget restraints vs. the in-house services that are running $14,000- 15,000 a month; the firm will charge $16,000 a month, without an in-house attorney, and he was not in favor of having an outside firm. Discussion followed: the wrap-up financial expen- diture report of 6~30/94 shows the Department to be 5% over budget; Councilman Penna had derived his figures from the computer that was tied into Fi- nance; Councilman Penna was looking at the line item that is over budget, because there was not a budget for contract services; the Finance Director stated that the Department, as a whole, is under budget; the firm has been paid for three and a half months; the Council had not put a cap on the outside attorney fees; Councilman Penna related that when the firm was hired they had said they could do it for $10,000 a month, yet the May billing is $13,000 and $14,000 for June, even with the in- house support - which is doing a tremendous amount of work; private consultants things are money and legal fees are what they thrive on; the firm has been on an hourly basis and a contract proposal will be forthcoming to shift to a monthly fee; the Council had before them a fixed retainer of $16,000 per month, which covers everything except litigation; etc. Interim City Attorney Nave stated that, pursuant to direction from the City Manager, each Department had relooked at their budget proposal with a goal of coming up with a Citywide reduction. He stated that much of the secretarial work could be done in his office on his payroll, which is what is done in the twelve other cities, but was not done here be- cause of the lead Legal Secretary, who serves a valuable function. He stated he had talked to the Secretary and she has indicated to him and the Finance Director that, given the circumstances, she is going to retire and can work up to 960 hours a year - which is 18 hours a A~ENDA A~TION TAKEN 1. Budget - Continued. 7/22/94 Page 8 040 week. He stated this was confirmed an hour ago, it amounts to a 14% reduction and is not included in today's proposal. He stated there would be a meet- ing with Muriel on Wednesday, when she returns from vacation, to determine how to staff the office with her working on a part time daily basis and he would have a secretary on site on his payroll at least two days a week. Councilman Penna stated this was done in San Leandro and proceeded to read the budget figures for that City, however, the figures quoted tonight do not reflect all the legal fees this City encounters through the year, which are not encompassed in the $16,000 per month. He still felt a private firm is out to generate fees for the firm, which does not mean the services are going to stay within the $16,000, which is demonstrated by the fees charged San Leandro and, unless he could see a cost savings, he was against it. Interim City Attorney Nave stated that comparing the two cities might be comparing apples to oranges, due to having more environmental departments and having been involved in a lot of environmental litigation. He stated that the Finance Director's memo indicates the budget to be $311,000 but, with the shift in the secretary going part time, it equates to $248,000, which is $63,000 less in expenditures through a private firm rather than in-house. He stated he did not anticipate lawsuits but some can be filed against the City. He stated they would defend the City at $150.00 an hour, as opposed to the $250.00 an hour the City is currently paying an outside firm defend- ing the City. Vice Mayor Yee stated, if the Council approves the contract with Nave's firm, we will not have any one in the current office daily - no Secretary or Assistant City Attorney. City Manager Wohlenberg related: the one secre- tary position will be shared with the existing person and a person from Nave's office, so the cost will go down half time and there would be an attorney in the office one or two days a week. Vice Mayor Yee stated it appeared there would be some cost savings but, if we look at the former AGENDA ACTION TAKEN 1. Budget - Continued. 7/22/94 Page 9 04i positions that we had, with two attorneys, one secre- tary and a half time secretary, it made him question what benefits were we losing. We are losing two attorneys full-time, Mike and Steve will be here part time and the benefit he described is greater resourc- es and perhaps greater experience. He stated that, if we have two competitive attorneys, it seems to him we would get just as much as we would get form Nave's firm. He suggested, continue the relationship and, in the meantime, go out and see if we can get a permanent attorney and see what kind of market is out there. He was not saying hire a firm to do that but see if there is anyone out there we like and do it within three months. See if we can get two competitive attorneys that the Council would like to work with, because we had it before, but, if we don't find any- one else, then we still continue with the same rela- tionship we have now. He stated he did not have anything against Nave's firm but, from the City';s perspective, are we really doing the best with the resources we have. Councilman Drago stated he had been vocal on this issue for a long time and felt they should go with the contract firm, even if there is a break even on the cost - because the expertise we would pick up would be greater than the in-house attorneys. The last attorney lasted three years and the one before him three years. He assumed there would again be an in-house Assistant from a smaller city, without the background knowledge, when we have a known factor here. He had suggested getting a feeling from Department Heads and the comments that came back were more than favorable about the firm's work. He stated the goal is to get good legal advice and we don't need a social or political attorney. He had been through the process twice, the process was difficult, the pool was all Assistants and we spent $15,000- 20,000 in addition to payoffs. He stated he was willing to compromise but did not know to what degree. He stated he had not yet seen a contract from Nave's firm so, if the Council was going to negotiate, we can get a status quo. Howev- er, if we maintain our own staff, then we have over lapping staff. He questioned how they would go into recruitment. ~ENDA 1. Budget - Continued. 7/22/94 Page 10 A_.CT!QN TAKEN 042 Vice Mayor Yee stated that to hire was not the intent but to blindly assume there is no one out there who qualifies concerned him and Nave's firm is out there regardless. Councilman Drago noted that the Council had inter- viewed three firms - not just Nave's firm. He stated if there was a 4/5 consensus we would wait three months and then get hard nose. Councilman Drago remembered the Council wanted to do a lot of this recruitment itself. Vice Mayor Yee concurred and preferred not spending $20,000. Councilman Penna concurred in using the in-house personnel and advertise for City Attorney, to see what we come up with. Mayor Fernekes stated he was very pleased with the performance of the firm and was looking forward to looking at the contract but was not opposed to look- ing first at the abilities available. He would look very closely to get the same abilities that we have right now, because every request he had made has been dealt with in a positive manner. So, even though he does like the performance, he was not opposed to supporting the Vice Mayor's request. City Manager Wohlenberg stated, if this is a con- sensus, do we leave the Assistant and the part time secretary and full time secretary for the four to six month period. Interim City Attorney Nave stated, if the Council wanted to keep us on an interim basis for the re- cruitment with the same $338,000 budget, then it was a status quo. Director of Finance Margolis stated that was not what she heard. Mayor Fernekes stated no, it was to receive the contract, review it, then come back and proceed with a contract with them under the new terms for whatever the extent is of the contract; in the meantime, go on the outside and look for the possi- bility of a new in-house attorney. Vice Mayor Yee stated it was simple, we are going AGENDA ACTION TAKEN 1. Budget - Continued. Parks & Recreation Budget: 7/22/94 Page 11 043 to contract with you, carry out the two plans and, in the meantime, go out and advertise to see if we can find an attorney we like. In talking to Mr. Nave, he wanted a 30 day notification. However, Council will give more than that, if we say we want an in- house. We may not find anyone we like, then we have nothing to talk about. He stated, if the Council is going to change it, it is important for the new attorney to organize his department but we will cross that when we get to it. Interim City Attorney Nave stated it did affect the status quo, one is Muriel and the other is Dick - because, under the proposal Muriel retires and works part time and Dick would no longer work for the City, so there are human impacts on people. Vice Mayor Yee stated that scenario already took place, the majority took that action by going in that direction. Mayor Fernekes stated we will continue with the plan with the new reductions and personnel will explore ways to look to the outside. Discussion followed: Interim City Attorney Nave stated that, after 60 or 90 days, Dick would remain on the payroll and then be terminated; looking at the possibility of out placement services for Dick and the Personnel Rules and Regulations on the part time secretary; Director of Personnel Gonzales stated 20 days of notification had to be given to an individual before action could be taken. Director of Parks, Recreation & Community Ser- vices Nagel related: concerns of Mr. Waters in reference to the Senior Advisory Board; it was formed in 1981 to have one voice for senior con- cerns; the Selection Committee is appointed by the Board of Supervisors; 15 members are appointed with three year appoints; there can be reappoint- ments; he spoke with Ed Hambrit, who will look to see if they can get better representation. Mayor Fernekes directed - proceed with the Nave contract and proposed plan and honor Vice Mayor Yee's request for going outside. Councilman Penna felt the plan may be underesti- mating costs of the office and he was not comfort- able with the plan. He felt they should stick with AGENDA A~TION TAKEN : 1: Budget - Continued. Councilman Penna Left the Meeting: 7/22/94 Page 12 the prior plan and have a more realistic cost. If we find a new City Attorney he will have a better han- dle on costs. Consensus of Council - Continue with outside attor- ney and new proposed contract, without Assistant City Attorney, with Muriel to retire and work part time and two days a week with Nave's secretary. Councilman Penna left the meeting at 10:25 p.m. Discussion followed: if everything was adopted in its present form what would be the deficit; the equipment replacement funds were already in the budget; Councilman Penna's concerns were related to the depreciation for facilities; $95,000 is what the State is supposed to take away from this City; the major difference is the reduction of revenues to the General Fund for the Director of the WQCP, plus other changes; the City needs $100,000 considering new revenue but there would be changes in January and the Council can deal with it at that time; they went through the revenue items line by line; debt service originated with Orange Park; Vice Mayor Yee felt this should be treated like a franchise fee and go into the General Fund; Mayor Fernekes agreed; the City Manager felt League conferences were worthwhile and should not be cut out of the budget; if the City went to contract with the City Attorney, they would not pay for conferences; Vice Mayor Yee felt the Council should go to League conferences, keep abreast of changes and the City Manager should use the conference money for the City Attorney for another Department Head - con- sensus was reached; hiring a position in Building or Planning for permit streamlining would cost $80,000; last year had $50,000 in capital outlay for the equipment replacement fund and it was needed again in this budget for aging equipment; staff could balance the budget by taking $200,000 from the equipment replacement fund; taking the parking enforcement officers out of the General Fund and charging them to the Parking District; Vice Mayor Yee stated all of the revenue from parking citations goes to the General Fund, not to the Parking Dis- trict; the Parking District only pays for meter collec- tion position; Councilman Drago recommended re- ducing the equipment replacement fund by half - $150,000; there was $580,000 for capital improve- ments; proposed new revenue; uniform allowance; etc. AGENDA ACTION TAKEN 04S 1. Budget - Continued. ADJOURNMENT: Further discussion ensued on ways to balance the budget: reduce the equipment replacement fund to $150,000; Westborough lighting - only do portions; capital improvements - do Fire Station, Police carpet replacement, delete Dubuque lighting and use to hire another position; Finance Director suggested taking $100,000 from each account at this time; put on 7/27 agenda for action and have a closed session at 7:10 p.m.. M/S Yee/Drago - to adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 11:35 a.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk ,_C.City of South San Francisco APPROVED. ~st ~~ ~; u tl~r ~kne~,r aMn ~iYs~ The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- tions, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 7/22/94 Page 13