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HomeMy WebLinkAboutMinutes 2008-02-27 ~MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, FEBRUARY 27, 201018 CALL TO ORDER: 7 :32 pm (Cassette Tape No.1) ROLL CALL: Present: Councilmen Addiego, Garbarino and Mullin, Mayor Pro Tern Matsumoto and Mayor Gonzalez. Absent: None. PLEDGE OF ALLEGIANCE: Led by Reynaldo Tanada, South San Francisco High School student. INVOCA nON: Pastor John Cantley, Grace Covenant Church. PRESENTATIONS . Parks for the Future - presented by Zoe Kersteen- Tucker and Julia Bott. Julia Bott, the Executive Director of the San Mateo County Parks and Recreation Administration, presented an explanation of the Parks for the Future ballot measure initiative qualified to appear on the June 8, 201018 ballot. If passed, the initiative would generate $16,010101,010101.0101 in new dedicated funding for parks derivative of a proposed one-eighth cent retail transactions and use tax increase. South San Francisco's proportionate share of the funds would be roughly $65a,aaa.aa/year.. In order to qualify for receipt of funds and subject to certain exceptions, cities and counties would have to retain their general fund contribution for parks. Zoe Kersteen- Tucker of CCAG stressed the importance of the initiative as an investment in the future. She stated that vibrant parks add to the value of our lives and homes. Councilman Mullin stated support tlJr the measure and questioned the decision to put the initiative on the June 201018 ballot, a time when he opined voter turn out might not be at its peak. Ms. Bott acknowledged the voter turn-out challenge related to the June election. However, she stated that sponsors of the initiative believed that with less on the ballot, efforts to reach voters might be better received. Mayor Pro Tem Matsumoto expressed concern over the Governor's statement that park funding may be cut. She questioned the portion of Parks for the Future funds that would be allocated towards administrative costs. Ms. Bott responded that if the measure passed, administrative costs related to the initiative would come out of first quarter proceeds. Councilman Garbarino questioned when, if approved, the initiative would take effect. Ms. Bott advised that, at the earliest, the initiative would take effect by November 201018. Councilman Addiego noted support for the measure and parks generally, but stated he was not generally fond of sales tax increases. He further requested information about how the funds would be apportioned among San Mateo County cities and estimated that South San Francisco would likely generate roughly $9aa,aaa.aa/year more in funding than it would receive yearly pursuant to the measure. Ms. Bott advised that the County Parks Commission and Board of Supervisors would determine funding allocations. She noted that many South San Francisco residents use County Parks, including San Bruno Mountain, which would benefit from the measure. . Certificate of Recognition honoring El Camino High School Teacher Alicia Vosberg recipient of the California League of High Schools' Educator of the Year Award. Mayor Gonzalez and El Camino High School student Priscilla Ting presented Ms. Vosberg with the Certificate of Recognition. . Certificate of Recognition honoring South San Francisco High School Teacher Ashley Gray recipient of the California Award for the American History Teacher of the Year from the Daughters of the American Revolution - presented by Mayor Gonzalez. Mayor Gonzalez and South San Francisco High School student Reynaldo Tanada presented Mr. Gray with the Certificate of Recognition. Mr. Gray commented that teaching is not a singular event, but is a team effort. He expressed gratitude for the opportunity to provide instruction within South San Francisco's diverse demographic. AGENDA REVIEW No Changes. City Manager Nagel noted that, if adopted, the ordinance changing the City Council's regular meeting time from 7:301 p.m. to 7:0101 p.m., specified as Item No.3 on the Agenda, would take effect before the April 9, 201018 meeting. REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 27, 2008 PAGE 2 PUBLIC COMMENTS Mayor Gonzalez thanked the students present from South San Francisco and El Camino High Schools for participating in the 28th Annual Youth Government Day Program. He further thanked El Camino High School Teacher Steve Simondi and South San Francisco High School Teacher Ashley Gray for their dedication to the Program and to their students. All Councilmembers commented on the program's value and noted that it inspired excitement about the City's future. Mayor Gonzalez then requested City staff and elected officials to introduce their respective Youth Government Day counterparts. Participating students were introduced as follows: Councilman Mullin introduced his counterpart, Mia Howell of El Camino High School. Councilman Garbarino introduced his counterpart Christeen Rico of El Camino High School. Councilman Addiego introduced his counterpart, Sabrina Fong of South San Francisco High School. Mayor Pro Tem Matsumoto introduced her counterpart, Priscilla Ting ofEl Camino High School. Mayor Gonzalez introduced his counterpart, Reynaldo Tanada of South San Francisco High School. City Manager Nagel introduced his counterpart, Carolina Jimenez of South San Francisco High School. City Attorney Mattas introduced his counterpart, Matthew Malepeai of South San Francisco High School. Director of Finance Steele introduct:~d his counterpart, Mia Evangelista of South San Francisco High School. Fire Captain Campagna introduced his counterpart, Margaret de Larios of South San Francisco High School. Library Director Sommer introduced her counterpart, Adelina Lara of South San Francisco. Director of Recreation and Community Services Ranals introduced her counterpart Depika Narewatt of South San Francisco High School. Director of Information Technology Hollis introduced his counterpart Loana Bonilla of South San Francisco High School Chief of Police Raffaelli introduced his counterpart Carolyn Kojima ofEl Camino High School. Director of Public Works White introduced his counterpart Justine Buenaflor ofEl Camino High School. REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 27, 2008 PAGE 3 City Treasurer Battaglia's counterpart Eric Cheung ofEl Camino High School introduced himself. Assistant City Manager and Director of Economic and Community Development Van Duyn introduced his counterpart Marcelo Sanchez ofEl Camino High School. City Clerk Martinelli-Larson introduced her counterpart Paul Landicho of El Camino High School. Chief Planner Kalkin's counterpart 'William Yale ofEl Camino High School introduced himself. ITEMS FROM COUNCIL . Announcements / Committee Reports Councilmembers announced upcoming events, programs and public improvements and reported on individual attendance at community meetings and events. Specific items for further action and/or consideration were set forth as follows: Councilman Mullin observed structural modifications to Colma Creek that were not captured in a February 22, 201018 Memorandum to Council from Director of Public Works White. He requested Director White to explain the modifications. Director White advised that the County installed steel poles to keep the creek's walls from moving inward. These changes were intended to protect the street and adjacent sewer. Mayor Pro Tern Matsumoto request,ed the Fire Department to provide additional information pertaining to a Memorandum from the Fire Chief to Council, including a breakdown by neighborhood. She further suggested that a quarterly State of the City Presentation be incorporated in the regular City Council meeting schedule. Mayor Gonzalez urged business owners in the Lindenville area to attend the Lindenville Business Owners' Meetings in order to learn about upcoming Public Works projects in the regIOn. After discussion, Council also decided to schedule a special joint meeting with each of the City's Boards and Commissions. CONSENT CALENDAR 1. Motion to approve the minutes of February 11,201018 and February 13,201018. 2. Motion to confirm expense claims of February 27,201018 in the amount of $2,675,224.401. 3. Motion to waive reading and adopt Ordinance #1393-201018 amending Section 2.014.01101 of the South San Francisco Municipal Code relating to City Council meeting times and changing the regular City Council meeting time from 7:301 p.m. to 7:0101 p.m. REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 27, 2008 PAGE 4 4. Motion to approve the City Manager's participation in the City's Retirement Health Savings Plan. 5. Resolution # 2l-2aa8 adopting the Compensation Program for the South San Francisco Executive Management Unit. 6. Resolution # 22-201018 in support of a one-eighth cent retail transactions and use tax for parks and recreation purposes in San Mateo County. Motion- Councilman Addiego/Second- Councilman Garbarino: to approve the Consent Calendar. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 7. Informational Report on State Propositions 98 and 99 which are set for the June 201018 election. City Attorney Mattas recommended that Council listen to his objective report, ask questions and determine whether it wished to consider taking a formal position. He then presented an overview of competing ballot measure initiatives qualified for the June 8, 201018 ballot, Propositions 98 and 99, as follows: City Attorney Mattas advised that both Propositions 98 and 99 originated in response to the Kevlo case decided by the United States Supreme Court. In Kevlo, the Court allowed a government entity to acquire a single family home via eminent domain for the purpose of promoting redevelopment in the area. Propositions 98 and 99 propose to modify state law pertaining to eminent domain and do not purport to affect rights afforded under the United States Constitution or other federal law. Proposition 98 is promoted by the Howard Jarvis Tax Payers' Association. Pursuant to the initiative, private property may be taken for a stated public use, but only when just compensation is made. Proposition 98 would amend the California Constitution to limit Redevelopment Agencies' ability to apply eminent domain to take property and reconvey it for private development use. Substantive portions of Proposition 98 would also change key terms and compensation provisions. For example, under Proposition 98, the property owner would not waive his or her right to object to the taking by withdrawing funds from the account established by the public agency. Furthermore, under existing law, a private property owner is entitled to attorneys' fees only if a court determines that the offer is unreasonable. Proposition 98 would change this, and require public agencies to pay all attorneys' fees plus the acquisition cost if the property is valued at more than the taking price. The Proposition would further invalidate rent control through a provision expanding the definition of a taking. However, an express provision in Proposition 98 allows rent control to remain in place as long as the rent control was established before January 201017. Proposition 98 would not affect a public entity's ability to take private property to prevent criminal activity. Proposition 99 is promoted by the League of California Cities. The initiative would amend the takings provision of the California Constitution to prohibit public agencies from acquiring single family homes, except in very limited circumstances. Accordingly, REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 27, 2008 PAGE 5 Proposition 99 specifically focuses on the type of taking that was permitted by the United States Supreme Court in the Kevlo case. The Proposition would thus prohibit a public agency from taking single family residence properties that had been the residence of the owner for at least 1 year. The exceptions to Proposition 99 include public health, criminal activity and remediation of land. Councilman Mullin questioned the affect of both measures passing. City Attorney Mattas advised that in those circumstances, the measure receiving the highest number of voters would prevail over conflicting provisions in the other measure. Councilman Addiego noted that although the Council had never had to use the threat of rent control, the ability to institute it was a deterrent to unreasonable rent inflation. Councilmen Mullin and Garbarino expressed inclusionary housing concerns raised by Proposition 98. After discussion, Council directed staff to prepare for its future consideration a resolution specifying the Council's support for Proposition 99 and opposition to Proposition 98. Recess: 9:019 p.m. Meeting Resumed: 9: 14 p.m. 8. Resolution # 23-201018 amending the 201017-201018 Operating Budget to adjust revenues and expenditures at midyear. City Manager Nagel introduced the item as a review strategy that Council and staffhad engaged in for several years in order that budget planning might better capture current and future demands. He suggested that the City continue to look for new revenues and reduce expenditures where possible. He further addressed the community's misperception pertaining to the source of funding for recent Redevelopment Agency property purchases. He explained that these purchases were made with redevelopment funds and not with funds from the City's Operating Budget. Director of Finance Steele presented the current status of the budget as follows: Regarding revenues, he explained that although signs indicated that the economy entered a downturn, which had been worsened by the mortgage crisis, the contributing factors to those problems were not in play for the County and the City. Accordingly, he noted the stability of the City's property tax revenue, which unlike cities in other regions ofthe state, is not largely driven by growth and/or new home sales. He noted, however, that the downturn might affect other sources of revenue. For example, he estimated a sales tax reduction of one (1) million dollars largely based upon the loss of Ron Price Volkswagen and S & C Ford. He also noted a potential decline in construction, which generally yields l8% of the City's sales tax revenues. He further noted that Building/Planning Permit revenues and Franchise Fee revenues were respectively down .5 million and $20101,010101.0101. REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 27, 2008 PAGE 6 He next noted: (1) final propt::rty tax numbers would likely come in $50101,010101 over budget projections; (2) an ERAF refund of approximately .6 million dollars; and (3) parking tax assessment revenues of roughly .6 million. He advised that revenue estimates were conservative and could even have potential for greater upside than projected. Regarding expenditures, Director Steele highlighted the request for a $20101,010101 augmentation to the budget for litigation expenses, which he opined would be recouped from projected settlement recoveries. He further noted the Fire Department budget required an additional $425,010101.0101 due to salary survey results. Regarding reserves, Director Steele noted that the General Fund undesignated reserve was projected to end the year at 5.6 million dollars. He recommended that the retiree health benefit reserve be moved from the general fund to the benefits fund. Councilman Mullin requested the formula for determining franchise fee projections. Director Steele advised that the proj~~cted negative (-)$20101,010101.0101 adjustment was a conservative estimate designed to bring estimated franchise revenue in-line with revenues received during the last fiscal year. He further opined that with the exception of a small percentage of the funds, the franchise fee revenues generally were not static. Mayor Pro Tern Matsumoto questioned the impact of minimum staffing on the Fire Department's Budget. City Manager Nagel noted that staff would determine the cost savings achieved vis-a.-vis minimum staffing and report back. Mayor Pro Tern Matsumoto requested clarification of accounting rules applicable to the retiree health benefit reserve. Director Steele advised that the reserve includes roughly four (4) million dollars that Council had already set aside to fund the forty two (42) million dollar retiree health benefit liability. He noted that the City is not mandated to fund the liability but is required to show it. He observed there is no requirement that the city keep the reserve Council authorized, although doing so is responsible. Mayor Pro Tern Matsumoto questioned whether the mortgage crisis and other housing market issues could impact the City Treasurer's Investment Portfolio. Director Steele advised that there wlere no mortgage backed securities in the portfolio. Mayor Pro Tern Matsumoto opined that a summary snapshot form of the projected and/or requested increases and decreases set forth in Director Steele's presentation might be helpful to residents. Motion- Councilman Garbarino/Second- Mayor Pro Tern Matsumoto: to approve Resolution # 23-201018. Unanimously approved by voice vote. REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 27, 2008 PAGE 7 9. Resolution # 24-201018 authorizing execution of an Agreement with the South San Francisco Unified School District for joint use of facilities. Director of Recreation Ranals explained that the proposed Agreement with the South San Francisco Unified School District for joint use of facilities updated an agreement from 1995 and defined conditions and policies pursuant to which the two agencies could share facilities and sports fields. She noted certain benefits to the City and the School District incorporated in the Agreement, including free use of rental facilities and streamlined scheduling and permitting processes. Director Ranals opined that the Agreement wouldn't impact the Department's budget. She further noted that approval of the Agreement would signify continued cooperation among the Council and the School District pertaining to facilities use. Councilman Addiego questioned differences between the agencies' respective background check procedures, since, pursuant to the Agreement, the City would have to comply with the background check requirements set forth in the Education Code. He also questioned whether the City would take on increased maintenance responsibilities under the Agreement. Director Ranals noted that the Recreation Department finger prints all affected employees. She further responded that she would obtain additional information pertaining to the School District's background check process,es. Regarding maintenance, Director Ranals advised that in practice, the City's maintenance role: has expanded over the years and the Agreement reflected this. Motion- Councilman Garbarino/Second- Mayor Pro Tern Matsumoto: to approve Resolution # 24-201018. Unanimously approved by voice vote. COUNCIL COMMUNITY FORUM None. ADJOURNMENT Being no further business Mayor Gonzalez adjourned the meeting at 9:47 p.m. in honor of Victoria E. M'Cormack, Emil Rusty Hahn Jr. and Alice Uccelli Marsilli. c7;;;~ ~ / Pedro GonZalez,'~or 1J City of South San Francisco REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 27, 2008 PAGE 8