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.
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FEBRUARY 27, 2008
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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.
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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.
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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,
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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.
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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.
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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
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