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HomeMy WebLinkAboutMinutes 2008-04-09 I UTE CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICES BUILDING COMMUNITY ROOM WEDNESDAY, APRIL 9, 2008 CALL TO ORDER TIME: 7: 12 p.n1. ROLL CALL: Present: Councihnen Addiego, Garbarino and Mullin, Mayor Pro Ten1 Matslunoto and Mayor Gonzalez. Absent: None. PLEDGE OF ALLEGIANCE: Led by Mayor Gonzalez. INVOCATION: None. PRESENTATIONS . Proclan1ation recognizing National Library Week. Mayor Gonzalez presented the National Library Week Proclan1ation, which was accepted by Library Board Trustee Eleanor Breite. Mrs. Breite invited the public to visit the library's new and updated website frequently. . Proclmnation recognizing Clilnate Control Awareness Month. Mayor Pro Ten1 Matsulnoto presented the Proclamation recognizing Clilnate Control Awareness Month, which was accepted by Cristina U gaitafa, Community Progrmn Specialist, San Mateo County Health Departlnent. Ms. U gaitafa urged City and County elected officials and local businesses to continue to work together to develop efforts to educate the public about the impact of clilnate change. . Your Carbon Footprint Presentation- presented by Rick Row, Executive Director, Sustainable Silicon Valley. Rick Row, Executive Director of Sustainable Silicon Valley, advised there is a need to reduce California's carbon footprint by 80%. He congratulated the City Council on its practical actions in support of such effolis. He explained that pursuit of energy efficient solutions requires leadership and managelnent by all City Officials and suggested that the City create a sustainability plan. He urged incorporation of environmental considerations and resident participation in such a process. Mayor Pro Tern Matsumoto questioned whether Mr. Row could provide examples of sustainability policies. Mr. Row responded that we he would forward a sustainability policy he drafted. Councilman Mullin requested Mr. Row's opinion as to the most significant challenge for local governments seeking to develop and enforce green policies. Mr. Row responded that it takes substantial effort to pull community groups together in support of such programs and opined that coordinating such efforts is one of the greatest challenges. AGENDA REVIEW City Manager Nagel explained that due to the Redevelopment Agency's continuation of its determination with respect to execution of a contract with Watry Design, Inc. for construction design of the Miller Avenue Parking Structure, Item No.4 should be continued. Council accepted the recommendation and continued Item No.4. Further, to accommodate the number of persons gathered to hear Public Hearing agenda items, City Manager Nagel recommended that Council hear Public Hearing items before Legislative Business. Council accepted the recommendation and the agenda was so arranged. PUBLIC COMMENTS Resident Cyrus Kon appeared to announce formation of the Asian American Social Club of South San Francisco. He explained that the club would serve as a common group focusing on social and economic issues in South San Francisco. The first scheduled meeting of the club was set for Monday April 28, 2008 at 6:30 p.m. at Sky Dragon Restaurant located at 117 Southwood Center in South San Francisco. Persons interested in joining the club and/or attending the first event may call 650-255-9974. Psychologist Gloria Castro of the Youth Service Bureau of South San Francisco appeared and thanked Council for its support of the parenting group she heads at Spruce Elementary School in South San Francisco. She introduced parent Patricia Cruz who explained that the group offers participants a place to reflect on ways relate to their children. ITEMS FROM COUNCIL . Announcements . Committee Reports Councilmembers reported on attendance at community meetings and events and announced upcoming programs, including the dedication of Centennial Way on Saturday April 19, 2008 at 9:00 a.m. and a presentation on Global Warming by Dr. Andrew Gunther that would take place on Monday, April 28, 2008 from 6-7:30 pm in the Community Room of the Municipal Services Building. Council congratulated Congress Woman Elect Jackie Speier on her victory in the April 8, 2008 Special Election. Council further spoke regarding public improvements and noted staff s efforts, including the Public Works Department and Frank McAuley for removal of graffiti near Airport Blvd. and the Northbound 101 interchange near the Travel Lodge; and REGULAR CITY COUNCIL MEETING APRIL 9, 2008 MINUTES PAGE 2 Terry White and Dorothy Buhagiar for a tour of the Corporation Yard on North Canal and South San Francisco Streets. Council further recognized winners of awards from the Peninsula Council of Lions Clubs, including Sergeant Jon Kallas, Firefighter Karl Sonnberger and Paramedic/Firefighter Matt Samson and congratulated the BP AC Committee on its receipt of $181,000 in grant funding for South San Francisco. Specific items for further action and/or consideration were set forth as follows: Mayor Pro Tern Matsumoto requested follow-up with Genentech regarding transportation issues that lead to a 32% drop in ridership at the South San Francisco Caltrain Station. She suggested that advance communications from Genentech regarding changes to its employee shuttle bus service may have permitted the City to address the issue sooner and/or be prepared for the drop in ridership. Mayor Pro Tern Matsumoto further sought and received Council's approval to work with Susan Kennedy on creation of a Centennial Pin. CONSENT CALENDAR 1. Motion to approve the minutes of February 20, 2008, which were approved by the Planning Commission on April 3, 2008, and the minutes of March 26,2008. 2. Motion to confirm expense claims of April 9, 2008 in the amount of $2,905,591.58. 3. Waive reading and adoption of Ordinance No. 1394-2008 amending Chapter 6,,78 of the South San Francisco Municipal Code to implement the Digital Infrastructure and Video Competition Act of 2006. 4. Motion to approve the final design of the Miller Avenue Parking Structure and authorizing the execution of a contract with Watry Design, Inc. for construction design of the Miller Avenue Parking Structure. Item Continued. 5. Resolution No. 36-2008 awarding the construction contract for the 2007-2008 Scrub/Slurry Seal Project (rebid) to the Valley Slurry Seal Company in the amount of $1,087,395.03. Project No. ST-08-1; Bid No. 2473. Item pulled from Consent Calendar by Councilman Addiego. 6. Resolution No. 37-2008 approving the 249 East Grand Avenue Parcel Map (PM 05- 0002); and authorizing the City Clerk to record the map and related documents; and accepting various easements. 7. Resolution No. 38-2008 authorizing the City Manager to execute a Memorandum of Understanding for Engineering Consulting Services for the Recycled Water Project and awarding a Consulting Services Agreement to Carollo Engineers in the amount of $173,200. 8. Resolution No. 39-2008 approving the installation of stop signs on Linden Avenue at Aspen Avenue and California Avenue. REGULAR CITY COUNCIL MEETING MINUTES APRIL 9, 2008 PAGE 3 9. Resolution No. 40-2008 approving the Memorandum of Understanding between the International Union of Operating Engineers, Local 39 and the City of South San Francisco dated January 1, 2008 through December 31, 2008. 10. Acknowledgement of proclamations issued: Kaiser Hospital honoring its 10 year involvement with Operation Open Access to provide free surgeries to patients in need; and Rhonda Ceccato of Sitike Counseling Center for more than 25 years of service in the Bay Area's non-profit sector specializing in substance abuse treatment. Motion- Councilman Garbarino/Second- Mayor Pro Tern Matsumoto: to approve Consent Calendar items Nos. 1-3 and 6-10. Unanimously approved by voice vote. Item No.5: After confirming with the City Attorney, that he was not conflicted out of discussion and/or action on this agenda item, Councilman Addiego noted that the list of affected streets proposed a discontinuous pattern. He suggested that all of the affected lanes should be treated in a continuous manner so as not to leave out portions of the streets in need of treatment. Assistant City Manager Van Duyn advised that Councilman Addiego's suggestion would be evaluated as a change order and reported back to Council. Councilman Garbarino questioned timing of the improvements. Senior Civil Engineer Bautista reported that once the contract is awarded, the contractor has 10 days to approve it. He fiJrther offered to obtain a copy of the proposed work schedule and provide it to Council. Motion- Councilman Garbarino/Second- Mayor Pro Tern Matsumoto: to approve Resolution No. 36-2008. Unanimously approved by voice vote. PUBLIC HEARING 11. Resolution No. 41-2008 consenting to the approval by the Redevelopment Agency of the City of South San Francisco of a lease with respect to 80 Chestnut Avenue by and between the Agency and the South San Francisco Historical Society. Public Hearing Opened 8:21 p.m. City Attorney Mattas explained that Council's formal consent to the lease pertaining to 80 Chestnut Avenue, which was approved at the Regular Meeting of the Redevelopment Agency held earlier in the evening, was necessary. Public Hearing Closed 8:21 p.m. Motion- Mayor Pro Tern Matsumoto/Second- Councilman Addiego to approve Resolution No. 41-2008. Unanimously approved by voice vote. REGULAR CITY COUNCIL MEETING MINUTES APRIL 9, 2008 PAGE 4 12. Resolution No. 42-2008 authorizing submittal of the City's Five-Year Consolidated Plan and One-Year Action Plan and Statement of Objectives and Projected Use of Funds for the 2008-2009 Fiscal Year and all required documents to the Department of Housing and Urban Development; and authorizing a budget transfer incorporating Community Development Block Grant ("CDBG") and Home Funds into the 2008-2009 Operating Budget; and authorizing the City Manager to execute all documents necessary to secure and award CDBG, Home Administrative and Redevelopment Funds for the City. Public Hearing Opened 8 :24 p.m. Community Development coordinator Adams explained that the item represented the final public hearing on the 2008-2009 fiscal year CDBG allocation. She further explained that the Resolution specified the suggested apportionment based upon the subcommittee's recommendations. Kitty Lopez, the Executive Director of Samaritan House, appeared to thank Council for the funding recommended for the Safe Harbor Program. Carol Torno, the CFO of the Center for Independence of the Disabled, appeared to thank Council for continued funding. Psychologist Gloria Castro of the Youth Service Bureau of South San Francisco appeared and advised Council of the Spruce Elementary School parent group's impact on the community. She explained that the group provides parents with the opportunity to discuss the issues confronting them while trying to raise children in a completely different culture. Public Hearing Closed: 8:27 p.m. Mayor Pro Tern Matsumoto requested that next year's staff report include a column specifying the amount of funds requested by specific community groups for the previous year's CDBG funding determination. She further questioned the absence of La Raza from the recommended funding allocation list. Community Development Coordinator Adams responded that La Raza hadn't requested funding as it did not plan to have the same presence in San Mateo County. City Attorney Mattas recommended that Councilmembers identify applicants for which they may respectively be conflicted from voting upon and/or discussing. Councilman Mullin advised he was conflicted from participating in the discussion and10r taking any action with respect to applicants North Peninsula Neighborhood Services Center and HIP Housing. Accordingly, on the advice of City Attorney Mattas, he abstained from both Council's discussion and action pertaining to the identified entities. Motion- Mayor Pro Tern Matsumoto/Second- Councilman Garbarino: to accept the subcommittee's funding recommendations pertaining to North Peninsula Neighborhood Services Center and HIP Housing and approve the corresponding portion of Resolution No. 42- 2008. The motion passed by the following voice vote: A YES: Councilmen Addiego and REGULAR CITY COUNCIL MEETING MINUTES APRlL 9, 2008 PAGE 5 Garbarino, Mayor Pro Tern Matsumoto and Mayor Gonzalez. NOES: None. ABSTAIN: Councilman Mullin. Motion- Councilman Garbarino/Second- Mayor Pro Tern Matsumoto: to accept the remainder of the subcommittee's funding recommendations excluding the portions pertaining to HIP Housing and North Peninsula Neighborhood Services Center and approve the corresponding portions of Resolution No. 42-2008. Unanimously approved by voice vote. Recess: 8:32 p.m. Meeting resumed: 8:39 p.m. LEGISLATIVE BUSINESS 13. Consideration of and potential introduction of an Ordinance amending Title 2 of the South San Francisco Municipal Code regarding terms and term limits for members of the City's Boards and Commissions. City Attorney Mattas presented two Ordinances accomplishing modification of term limits for the City's Boards and Commissions and prepared at Council's request. The proposed Ordinances suggested modification ofterms and/or term limits to include either a maximum of four (4) three (3) year terms or three (3) four (4) terms, thus permitting a maximum of twelve (12) continuous years of service. Ht~ advised that the Library Board's term was set by state law, but noted that Council may establish term limits applicable to Library Board service. He further advised that similar to the present Ordinance structure, the proposals would count any complete terms served through May 20,2008 towards the maximum term limit calculation. Mayor Pro Tern Matsumoto requested clarification as to whether the Library Board and Housing Authority were the only Board/Commission entities governed by state or federal law. She further requested clarification with respect to the length of term applicable to the Mayoral Appointment to the Conference Center Authority and questioned the rationale behind the proposed term limits. City Attorney Mattas confirmed that the Library Board and Housing Authority were affected by state and/or federal law but further noted that the Conference Center Authority and the Parking Place Commission were also creations of state law. Regarding term length and term limits for the Mayoral Appointment to the Conference Center Authority, he explained that the Councilmember recommended for appointment by the Mayor and confirmed by the Council is appointed to a two (2) year term subject to continuous potential re-appointment. Regarding the rationale behind the Ordinances, Councilman Garbarino advised he had requested their preparation for presentation to Council, because shortening the consecutive term limitations would permit new applicants to serve the City. He further observed the increase in qualified applicants seeking appointment, and opined that twelve (12) years should be sufficient time to yield significant accomplishments through Board or Commission service. Mayor Pro Tern Matsumoto explained she requested preparation of an Ordinance creating terms and term limits for the Cultural Arts Commission to promote consistency among Board and Commissions with respect to term limits. REGULAR CITY COUNCIL MEETING MINUTES APRIL 9, 2008 PAGE 6 Councilman Garbarino took exception to the suggestion of terms and term limits for the Cultural Arts Commission but reserved further comment. Mayor Pro Tern Matsumoto questioned whether pursuant to the proposed Ordinances, a termed out Commissioner who had sat out for a certain period would be permitted to reapply. City Attorney Mattas advised that the proposed Ordinances did not codify a sitting out period. City Manager Nagel advised that the Ordinances could be drafted to include a two (2) year sitting out period; after the expiration of which, the affected individual could apply for re- appointment to the respective Board or Commission. He further noted that upon being termed out from one Board or Commission, there would be no time limitation prohibiting the affected individual from applying to serve on any other of the City's Boards and Commissions. Councilman Mullin questioned whether total years served as opposed to complete temlS could be used as the benchmark for determining maximum consecutive time of service on a Board or Commission. City Attorney Mattas advised that if Council so directed, the Ordinances could be revised accordingly. He noted, however, that the present Ordinance spoke in terms of consecutive completed terms and did not count years served. He further opined that the initial calculation of the maximum consecutive time of service for Cultural Arts Commissioners would be challenging since Cultural Arts Commissioners' terms were indefinite. Councilman Mullin advised his preference would be to clarify the proposed language so that total number of years served is counted. He stated that he had purposefully avoided consulting the current Board and Commission roster to determine the members that would be affected by such a limitation. He opined that failure to follow a total number of years served approach would undermine the intent of the proposed Ordinance, which is to encourage new applicants to matriculate to Boards and Commissions. He further commented that Boards and Commissions serve as a pipeline to the City Coundl and are good for local democracy. Mayor Pro Tern Matsumoto questioned the proposed treatment of partial terms in calculating the maximum consecutive period of Board and Commission Service. She agreed that years of service as opposed to number of complete terms would be the more advisable way of determining the consecutive period of service. Councilman Garbarino noted he initially based the proposal on a rationale of establishing a limitation of 12 years of service and no more. City Attorney Mattas advised that Council could consider language establishing that a partial term of two (2) years plus one (1) day is considered a full term for purposes of counting maximum consecutive terms of service. The net effect would be that a Board or Commission member might end up serving thirteen (13) or fourteen (14) years on a Board or Commission, but no more. Councilman Garbarino commented he would not support establishing term limits for the Cultural Arts Commission because it would frustrate former Mayor and Councilmember Jack REGULAR CITY COUNCIL MEETING MINUTES APRlL 9, 2008 PAGE 7 Drago's vision to create a Commission for people with a passion for the arts, who were willing to volunteer their services on an unpaid basis. He further questioned the rationale behind Mayor Pro Tern Matsumoto's request for preparation of an Ordinance creating terms and term limits for the Cultural Arts Commission. Mayor Pro Tern Matsumoto reiterated that for consistency reasons, she believed the Cultural Arts Commission should have term limits similar to those applicable to the City's other Boards and Commissions. Councilman Mullin suggested that if terms and term limits for the Cultural Arts Commission were established he would advocate starting the clock over for present Cultural Arts Commissioners such that the consecutive time of service calculation would be prospective. Councilman Addiego opined there was some merit to establishing terms and term limits for the Cultural Arts Commission for the purpose of fostering consistency and continuity among the City's Boards and Commissions. He noted that he might be willing to extend special consideration to Charter Members of the Commission. He further stated that with the exception ofa few Boards and/or Commissions, terms are generally set at four (4) years. He questioned the advisability of switching to three (3) year terms. Mayor Gonzalez commented he would prefer that the proposed ordinances maintain a four (4) year term where applicable. City Manager Nagel responded that staff would drop the discussion of four (4) three (3) year terms from the proposed ordinances. Mayor Gonzalez suggested creation of an advisory board for termed out members of the Cultural Arts Commission. Mayor Gonzalez then acknowledged Cultural Arts Commissioner Ron Burgess and requested that he address the subject of term limits for the Commission. Mr. Burgess appeared and opined that he did not anticipate opposition to imposition of terms and term limits if the maximum time limit was applied prospectively. He noted that a policy establishing calculation of maximum time served on a historical basis would disqualify over 75% of the Commission. Councilman Addiego questioned whether it would be appropriate to discuss compensation of Board and Commission members. City Attorney Mattas advised that Council could discuss compensation. Further, in light of Council's direction, he recommended that staff redraft the Ordinances. The revised Ordinances would be introduced at the next regular meeting of the City Council. He then requested and received clarification regarding Council's direction on the Ordinances as follows: The revised Ordinances would propose terms and term limits for the Cultural Arts Commission, including three (3) four (4) year terms, which would be applied prospectively with respect to the Cultural Arts Commission. Further, no life time ban from any of the Boards and Commissions would be established and a two (2) year sitting out period would be codified. Compensation would be set at $50 per meeting for all Boards and Commissions. Finally, with respect to counting maximum terms of service, REGULAR CITY COUNCIL MEETING MINUTES APRlL 9, 2008 PAGE 8 the language would reflect that any service of more than two (2) years during a cunent term would be counted as a full ten11 for purposes of effectuating the Ordinances. Councilman Addiego questioned the ilnpact on cunent Board and COlnmission Inen1bership. Councilman Garbarino noted his objection to the direction to draft an Ordinance establishing tenns and term lilnits for the Cultural Arts Commission and stated he would have further con1ment on the iteln when presented for Council's consideration. I--Ie then questioned when the Ordinances would becon1e effective, if adopted. City Atton1ey Mattas advised that ordinances typically beCOlne effective thirty (30) days after adoption and further noted that Council could establish a delayed effective date. He further advised that the revised proposed Ordinances would be brought back for Council's consideration at its next regular n1eeting. ADJOURNMENT Being no further business, Mayor Gonzalez adjourned the meeting at 9:20 p.m. Pedro Gonzalez, City of South San Francisco Approved: REGULAR CITY COUNCIL MEETING MINUTES APRIL 9, 2008 PAGE 9