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HomeMy WebLinkAboutMinutes 2008-05-28 (2) UTE CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICES BUILDING COMMUNITY ROOM WEDNESDAY, MAY 28,2008 7:00 P.M. CALL TO ORDER TIME: 7:00 p.IU. ROLL CALL: Present: Councilmen Addiego, Garbarino and Mullin, Mayor Pro TelU Matsluuoto and Mayor Gonzalez. Absent: None. PLEDGE OF ALLEGIANCE: Led by Mayor Gonzalez. INVOCATION: Given by Rev. Dr. Gabriele Schroeder, Our Redeeluer Lutheran Church. PRESENTATIONS . Certificate of Recognition presented to AlIa V. La Grave, Library Volunteer of the Year Award Recipient. Mayor Gonzalez presented a Celiificate of Recognition to resident AlIa V. La Grave acknowledging her selection as Library Volunteer of the Year. He thanked Mrs. La Grave for donating countless hours delivering n1aterials to hOluebound patrons and acknowledged that she is an invaluable asset to our cOlnn1unity. Mrs. La Grave thanked Council for the honor. She advised that the Library is looking for ways to expand the hOluebound progrmu and requested citizens to contact the library if they or son1eone they knew lnight be interested in the service. . Presentation by State Senator Leland Yee regarding the 2008-2009 Califon1ia State Budget. California State Senator Leland Yee appeared to provide an update on the state budget process and explain how the current budget situation cmne to be as follows: Senator Yee explained that towards the end of last year the state experienced a drop in sales tax revenues. In January, the Goven10r predicted a $15 billion deficit and in March, legislators changed budget allocations, which reduced the projected deficit to $8 million. However, the freefall continued and the budget deficit jumped back up to nearly $16 billion within two (2) luonths. The shortfall may actually be around $20 billion. In the May revise of the budget, the Governor outlined a plan for closing the deficit. Pursuant to the plan, healthcare and social services would bear the brunt of the problen1. The Senate anticipated raising revenue to address funding concerns relating to these services. Senator Yee advised that legislators would not be able to close this particular budget with cuts alone. Den10crats hoped to engage at least two (2) senators fron1 the other side of the isle in order to accomplish revenue generating initiatives. However, if such efforts are unsuccessful, legislators would be forced to luake substantial cuts to social services and healthcare related progran1s. Legislators were hoping to identify revenue stremns that would be palatable to everyone. In the Ineantin1e, they would continue with vigorous eflorts to lin1it expenditures. For exan1ple, legislators had talked with school districts about lin1iting and/or reducing unfunded n1andates. Senator Yee expressed interest in discussing sin1ilar solutions with Inunicipalities. Begim1ing in January 2009, lnore long ten11 corrective lneasures will need to be impleluented. The subprilne 111arket created this problelu and it is expected to have an ongoing derivative effect on the econon1Y and an in1pact on the budget for the next two (2) to three (3) years. Legislators would have to cOlne up with ways to stabilize funding for city and educational services. Senator Yee urged Council to continue to engage comlnunity groups in discussions regarding long tenn solutions. He further pledged that his staff would continue to work with Council and staff to be of help with respect to this situation. Counciln1an Addiego questioned whether increasing the state sales tax remained politically viable. Senator Yee responded that increasing the state sales tax remained on the table as did increasing taxes pertinent to upper incolue levels. He explained that a COlUluon theme among solutions involved refraining from isolating solutions to one particular seglnent of the community. Councihnan Mullin observed that the County would bear the brunt of the impact relating to healthcare and social service cuts. He questioned the ilnpact on n1unicipalities, particularly with respect to possible shifts in booking fees. Senator Yee explained that the Legislative Analyst Office's report included SOlue discussion of shifts in local funds. However, these pertained not so lnuch to cities, but, rather, to local districts. He opined that there might be an Educational Revenue Augluentation Fund (ERAF) shift of some sort that lnay ilnpact cities. He further explained that there is a general ongoing discussion regarding booking fees during every budget session. He observed that during previous budget sessions, booking fees had been protected; however, the item relnained up for discussion with respect to the current budget. Councilman Mullin questioned whether conditions were ripe for large scale state spending reform. Senator Yee responded that the budget crisis was expected to be a two (2) to three (3) year problem. He further noted legislators' interest in developing a strategy to eliminate the structural problems. Accordingly, engaging community groups in related discussion would be extremely critical. REGULAR CITY COUNCIL MEETING MINUTES MAY 28,2008 PAGE 2 Councihuan Garbarino questioned the viability of the Governor's proposal to borrow against the lottery. Senator Yee responded that the proposal was predicated on securitizing the state lottery. Accordingly, it involved identification of investors or a private entity willing to pay a lun1p sun1 for the authority to operate the lottery. The investors and/or entity would only turn a profit if the sale of lottery tickets increased. Thus, Senator Yee opined the proposal "vas ilnpractical based upon the current economic clilnate in which discretionary spending was lin1ited. Mayor Pro Te111 MatsUlnoto questioned whether n1lmicipalities could expect to see n10re unfunded lnandates. Senator Yee responded he didn't believe additional unfunded mandates would be levied on municipalities. He further noted that there was a lot of interest mnol1g legislators in tel1ns of tU111ing back unfunded mandates. He opined that the budget gap would be closed by tightening up on bills that in1pact the general fund reducing fluiher spending. Mayor Pro TelU Matsulnoto questioned whether issuing bonds was an additional option. She fUliher questioned whether Senator Yee envisioned a state of elnergency vis-a-vis proposition 1B funding and requested the pros and cons pertaining to vehicle registration fee increases. Senator Yee responded that a provision in an agreelnent pertaining to the econolnic recovery bonds issued to deal with the last lnaj or shortfall established that the state of California would never again borrow funds to close a budget gap via the legislature. However, the people could vote to authorize issuance of additional bonds. Senator Yee further responded he did not envision a crisis with respect to 1B funding because legislators generally oppose using local govenm1ent to balance the state budget. Senator Yee opined that increased vehicle registration fees were a good solution as an ongoing revenue strean1. He noted however, that during the recall election Goven10r Schwarzenegger went on record saying he would not raise the car tax. Mayor Pro Tem Matsumoto observed most California State Legislators COlue frolu local government ranks and have had to balance municipal budgets. She questioned what becomes of budget balancing skills and abilities when legislators reach Sacrmnento. Senator Yee responded that he and other legislators had not lost perspective, but the issues were greater. Further, legislators must weigh the needs of all individuals within the state. He explained there is a tren1endous struggle to meet citizens' needs with limited resources. He noted that lnany decisions confronting state legislators have dire consequences and could potentially determine whether people live or die. He acknowledged the Mayor Pro Tem's frustrations, but noted that legislators were trying to fight for as many services as possible, which could sometimes hold up the budget. Mayor Gonzalez expressed opposition to raising taxes and suggested that legislators find an alternative long term solution. Senator Yee responded that taxes are necessary to help address needs in society that have to be funded. He further commented that if taxes are not raised, public safety, health, social service and education programs would have to be cut. REGULAR CITY COUNCIL MEETING MINUTES MAY 28, 2008 PAGE 3 Mayor Pro Ten1 Matslllnoto noted that under Governor Schwarzenegger's leadership, state staffing costs had tren1endously increased. She questioned whether such costs were expected to be curtailed. Senator Yee responded that legislators continued to work with the Governor on his budget. He further observed the need to recruit talented individuals to government stafI. However, in the current fiscal climate, it luight not be prudent to have as large and high paid a staff. Counciln1an Addiego con1n1ented that revenue enhancen1ent would keep California frOlu becOlning a second class state. Senator Yee responded that balancing the budget would present a tremendous challenge. He assured Council he would continue to do what he could to give the Council and other local governlnent officials the resources and tools to do their jobs. · Celiificates of Recognition presented to winners of the Centennial Poster Contest by Chainnan of the Cultural Alis COlnmission, Ron Burgess. Chairman of the Cultural Arts Con1mission Ron Burgess explained there was a city-wide call for youth entries in the Centem1ial Poster Contest. He noted that the art entered in the contest was displayed at the Cultural Arts Commission's Youth Art Show. The theme for the Centennial Poster Contest was: South San Francisco, Celebrating the Past, Present and Future. Award recipients each received a $100 savings bond, celiificate and ribbon. Mr. Burgess then introduced the recipients and Council presented the awards as follows: Kindergarten 1 st Grade b 2nd grade 3rd grade 4 th grade 5 th grade 6th grade ih grade 8 th grade 11 th grade 12th grade Sophia Clemente Jasmine Pon Gabriel Garcia A1u1abella Reyes Camille Aleman Siobhan Murphy Justin Y uen Thomas Magner Adilene Joaquin Henry Hafalla Yukari Sakura . Citizen's Acadelny Graduation. Ponderosa School Junipero Serra School Ponderosa School Ponderosa School All Souls Catholic Elementary St. Veronica's Catholic School St. Veronica's Catholic School St. Veronica's Catholic School Parkway Heights Middle School El Camino High School EI Cmnino High School Assistant to the City Manager Susan Kennedy presented the graduates of the City's fourth (4th) Citizens Academy. She advised that this year's Citizen's Academy participants were a great group and expressed appreciation for the time participants took to attend the progrmn over an 11 month period. She further thanked staff members who had worked hard to make the program a success, including Sam Bautista, Mary Bates and Debbie Crisafi and her son Jeff. REGULAR CITY COUNCIL MEETING MINUTES MAY 28, 2008 PAGE 4 Council then presented the following Citizen's Acade111Y participants with graduation certificates: Annabelle Garrone, Hern1an Alcalde, Christine Bianucci, John Crisafi, Margaret Van, Trent Gillimn, Charles Healey, Jane Healey, Heidi Hennone, Alnparo Jiluenez, Jessica Lelnus, Jolene Malfatti, Irn1a Naranjo, Flora Nolasco, Jean Pritchard, Catherine Rancatorre, Donald Wong, Charles Stewart and Robert Tun1berg. Council also acknowledged the following graduates who were unavailable to attend the ceren10ny: Cecile Riborozo, Mary Giusti, Bill Benavides, Richard Fraher, Isabel Mazzella, Randy Hixson, Sara Nichols and Karen Javellana. Break: 8:00 p.1n. Meeting Resun1ed: 8: 1 0 p.IU. AGENDA REVIEW None. PUBLIC COMMENTS Resident Kamala Silva Wolfe comn1ented on three (3) items as follows: She first acknowledged and thanked Councihnembers for their votes on the Miller Avenue Parking Structure. She commented that she would like to see the City pursue enhanced neighborhood notification procedures pertaining to such structures, other developments and home additions or remodels. She suggested posting poles with penuits stating what is proposed. She further suggested bringing neighbors into the process at an earlier time. Mrs. Silva Wolfe next commented on the visual blight of multiple cables connecting to buildings and residences within City limits. She observed that many of these cables and certain satellite dishes are no longer being used. She asked Council to consider whether a front end user fee to cover the cost of removing unused cables and other equipment would be appropriate. Mrs. Silva Wolfe closed by commenting on a letter she received signed by three (3) Councilluembers and another local official. She opined that the letter suggested that South City was supporting Assembly Candidate Jerry Hill. She stated that resident Brian Perry was also running for the position. Elizabeth Luaulu, President of the South San Francisco PT A, thanked Council for recognizing teachers and staff with a proclamation issued by Council at the regular meeting that took place on May 14,2008. Resident and Chairwoman of the Parks and Recreation Commission Judy Bush invited the community to the ribbon cutting and grand opening of the Orange Memorial Park Recreation g on Saturday May 31, 2008. REGULAR CITY COUNCIL MEETING MINUTES MAY 28, 2008 PAGE 5 ITEMS FROM COUNCIL · Al1l10UnCen1ents. · Comn1ittee Reports. Counciln1elnbers reported on attendance at con1n1unity lneetings and events, relninded residents to vote in the upcOlning June 3, 2008 Pri111ary Election and encouraged residents to write assen1bly lnelnbers in suppOli of SB 1516, a library bond measure that had passed the senate floor and was Inoving to the assen1bly. Council congratulated library staff and volunteers on the success of the Project Read Progra111, which was evidenced at a dinner held earlier in the n10nth. Council fllliher spoke regarding public ilnprovelnents and noted staff's accOlnplishments, including the efforts of Fire Chief Phil White and the Fire Depmin1ent to pull off a successful air sea rescue drill in coordination with the Coast Guard and Harbor Patrol. Council further recognized the Police DepartInent for its identification of suspects who had been burglarizing the homes of elderly residents. Specific items for further action and/or consideration were set forth as follows: Counciln1an Mullin requested that the garbage cans just off of South Spruce Avenue on Centennial Way be monitored for public dumping. He further requested that staff monitor the effect of San Francisco's ban on plastic grocery bags to detennine if a silnilar regulation should be added to the City's lnenu of options related to greening the City. Mayor Pro Tem Matslunoto cOlnmented that in the future she would like to see enhanced cOlmnunications to South San Francisco's residents who might benefit frOln housing programs the City contributes to, such as the recent HIP Housing Developn1ent. She further questioned Chief of Police Raffaelli regarding the new law establishing that persons must not have coffee in their hands while driving. Chief of Police Raffaelli confinned a new law establishes that persons cannot have coffee or other food items in their hands while driving. Councilman Mullin questioned whether the hands free cell phone law that would take effect July 1, 2008 applied to text messaging. Chief of Police Raffaelli responded the new law would apply to text messaging. Mayor Gonzalez requested that the Police Departn1ent provide public information on how to seek help when assaulted and/or attacked. He further advised residents that the County was looking for a North County Representative to participate on the Grand Jury. · Resolution No. 53-2008 supporting the passage of Senate Concurrent Resolution No. 71 relating to the Tom Lantos Tunnel at Devil's Slide. Mayor Pro Tem Matsumoto stated she would like Council to support this Concurrent Resolution, which would name the tunnel being constructed at Devil' s Slide near Highway 1 after the late Congressman Tom Lantos. REGULAR CITY COUNCIL MEETING MINUTES MAY 28, 2008 PAGE 6 Councihnan Addiego cOlnn1ented that this would be an appropriate tribute. Motion- Mayor Pro Teln MatsUlnoto/Second- Counciln1an Garbarino: to approve Resolution No. 53-2008. Unanin10usly approved by voice vote. City Manager Nagel requested Council to clarify whether it wished to agendize the traditional cancellation of the second meeting in August. Mayor Pro Teln Matsun10to requested Council's consent to the proposal that the first n1eeting, as opposed to the second, in August be cancelled. Council agreed. City Manager Nagel stated that an action itelu proposing cancellation of the first n1eeting in August would be placed on an upcon1ing agenda. CONSENT CALENDAR 1. Motion to approve the minutes of May 14,2008. 2. Motion to confirm expense claims of May 28,2008 in the amount of$1,843,378.10. Item pulled from Consent Calendar by Ailayor Pro Tem Matsumoto. 3. Resolution No. 54-2008 awarding the Construction Contract for the 2007-2008 Street Resurfacing Program to C.F. Archibald Paving, Inc. of Redwood City, California in an muount not to exceed $706,362.50. Project No. 51-13231-0801, Bid No. 2480. 4. Motion to accept the new Orange Memorial Park Recreation Building project as cOluplete in accordance with the plm1s and specifications. Item pulled from Consent Calendar by Mayor Pro Tem Matsumoto. 5. Resolution No. 55-2008 confirming costs of nuisance abatement and authorizing the recordation of a nuisance abatement lien at 2636 Tyrone Ct., APN 091-124-060. Item pulled from consent calendar by Mayor Pro Tern Matsumoto. Motion- Councilman Addiego/Second- Councilman Garbarino: to approve Consent Calendar itelns numbered 1 and 3 unanimously approved by voice vote. Item No.2: Mayor Pro Tem Matsumoto questioned a payment to Outback Steakhouse that she believed seemed rather high. Director of Parks and Recreation Ranals advised that the Department solicited donations for the food for the opening of the Recreation Center that would take place on Saturday, May 31, 2008. The architects had donated the entire amount of the payment to Outback and the food would be enjoyed by guests participating in the event. REGULAR CITY COUNCIL MEETING MINUTES MAY 28, 2008 PAGE 7 Motion- Mayor Pro Tern MatsUlnoto/Second- Counciln1an Mullin: to approve the expense clailns of May 28, 2008. Unanimously approved by voice vote. Iten1 No.4: Mayor Pro Ten1 Matslunoto stated that the budget sun1111ary of the final costs of the new recreation building was confusing. City Manager Nagel responded that the building's cost was within the an1ended budget approved by council. Mayor Pro Ten1 Matsllluoto observed that the change order pertaining to the painting contract was ahuost 400/0 of the contract price. She further observed a 490/0 of initial contract cost figure pertaining to change orders related to n1asonry work. City Engineer Razavi responded that the original painting contract included all the painting anticipated as necessary. Once the project was near cOlnplete, it becmne evident that painting of the roof area's underside was required to blend with the rest of the building. Regarding luasonry, City Engineer Razavi responded that the funds can1e fron1landscape related savings. He further noted the entire project was done at multiple prilne and value engineering was pursued on every section of the project. Councilman Addiego expressed disappointment that the project had blossomed out of control. However, he congratulated City crews on the landscaping, which he opined helped the project a great deal. He further suggested landscaping to complen1ent the architecture of the building, including the use ofbmnboo. Motion- Councilman Garbarino/Second- Councilman Mullin: to accept the new Orange Men10rial Park Recreation Building proj ect as complete in accordance with plans and specifications. Unanimously approved by voice vote. Item No.5: Mayor Pro Tem Matsumoto questioned whether there was a lnechanism by which the City could recoup the costs of nuisance abatement from the property owner. Fire Prevention Technician Rosaia explained the lien accrues at 8.54% per year. City Atton1ey Mattas advised there was no lnechanisln to attach the costs to the propeliy tax rolls. He advised, however, that liens almost always have to be cleared on refinancing. Motion- Mayor Pro Tem Matsumoto/Second- Councilman Addiego: to approve Resolution No. 55-2008. Unanilnously approved by voice vote. ADMINISTRATIVE BUSINESS 6. Green Food Packaging Ordinance Update and Review. Assistant to the City Manager Susan Kennedy introduced Assistant City Attorney Cynthia Wang to present an update on progress related to the proposed green food packaging ordinance. Assistant City Atton1ey Wang presented the update as follows: REGULAR CITY COUNCIL MEETING MINUTES MAY 28, 2008 PAGE 8 Last year, after Council passed a resolution establishing green policy goals, staff conducted con1ffiunity outreach efforts and began to draft a green food packaging ordinance. In its present state, the proposed ordinance was written to require that all take out food packaging be recyclable or cOlnpostable and would effectively bar polystyrene that is clear, including Styrofoam or clear plastic that has a number 6 printed on it. Pursuant to the ordinance, business owners lnay apply for exelnptions, including undue hardship and no suitable alten1ative. There is also an exeluption for food packaged or prepared outside City lilnits. Enforcen1ent is proposed on a cOluplaint driven basis through code enforcement, which method has allowed city's with such ordinances to enforce the regulations at no effective cost. Assistant City AttolTIey Wang further advised that staff engaged the Chamber of COluluerce and Barbara Ben1ardini of the South San Francisco Scavenger COlupany and conducted con1n1unity outreach regarding the proposed ordinance. In addition, a Febnlary n1ailing to local businesses recOlumended the ending of long tenu contracts with polystyrene vendors. A list of alten1ative product distributors was also made available. Two (2) public meetings on the subject were held in February and March. At the lueetings, businesses expressed COnCelTIS over the cost, availability and efficacy of green packaging. Business representatives were particularly concen1ed about whether alten1ative packaging would be efficient in tenns of hot liquids, including coffees, soups and certain sauces. Lobbyists from the plastics industry also attended the lueetings and claimed the proposed luandate would be overly burdensome. Assistant City Atton1ey Wang concluded that staff sought further direction on the state of the ordinance as well as direction with respect to the effective date and/or timing. Councihuan Mullin acknowledged that businesses n1ay pass the additional costs of compliance on to the conSUluer. He questioned whether the proposed ordinance included language specifically referencing such fees. Assistant City Atton1ey Wang responded that the ordinance includes language stating that food vendors luay price products or services in a mal1l1er that relates to the cost differential, which serves only to recognize that businesses may pass costs on. Counciln1an Addiego questioned who would serve as the arbiter with respect to applicability of the undue hardship exception. Assistant City Attorney Wang responded the ordinance was structured to permit the City Manager to designate a person to make this determination. Mayor Gonzalez requested an eXaIuple of circumstances that might qualify for the undue hardship exception. Assistant City Attorney Wang responded that smaller businesses often set up five (5) year contracts with suppliers. If such contracts were established prior to a business' notice of the proposed ordinance, the paIiicular business may qualify for the undue hardship exception. She further explained the exemption would apply for one (1) year, at which point the business could make another application seeking to show continued undue hardship. REGULAR CITY COUNCIL MEETING MINUTES MAY 28, 2008 PAGE 9 Mayor Pro Tem Matsulnoto stated she would like to see the ordinance take effect in fall of 2008. Regarding the undue hardship exception, she stated that it was not a good business practice for a business experiencing financial hardship to enter five (5) year inventory contracts. Assistant to the City Manager Kennedy responded that the Mayor Pro Teln's point was well taken. She stated that stat I was relaying the inforn1ation to Council because a Restaurant Association representative provided feedback that a business in another city had to close because of a silnilar ordinance. Counciln1an Garbarino requested identification of a date in the fall of 2008 when the ordinance n1ight becon1e effective. Assistant City Attorney Wang responded that the Resolution Council adopted last July set consideration of the ordinance for Septelnber of2008 and noted that it would be effective 30 days after adoption. Counciln1an Addiego suggested January 1, 2009 n1ight be an appropriate tin1e for the ordinance to take effect, given that people generally associate the New Year with new rules and regulations. Mayor Gonzalez questioned the availability of alternative packaging. Assistant City Atton1ey Wang responded that alternative packaging was readily available and the transition had gone smoothly in cities that had passed similar ordinances, including San Francisco, Oakland, Malibu and Santa Monica. Councilman Mullin questioned the type of notice that would be provided to businesses. He further generally agreed with Councihnan Addiego's comment that January 1 might the appropriate effective date of the ordinance. Assistant City Attorney Wang advised the outreach staff had engaged in specifically notified businesses that Council expected to adopt the green food packaging ordinance to take effect by September of2008. Assistant to the City Manager Kennedy added that the outreach sessions were noticed to all South San Francisco business owners. She noted that the then present meeting had also been noticed to all individuals that had attended the February and March meetings, including lobbyists and individuals who sublnitted petitions. In addition, notice of the public hearing on the ordinance would be mailed to all businesses. Additional outreach was plalmed through the Chamber of Commerce newsletter. Councilman Addiego questioned whether plastic bags lnight be included in the ordinance. He further queried whether plastic bags were being recycled by the Scavenger Company. Barbara Bernardini of the South San Francisco Scavenger Company explained that plastic bags are typically not recyclable. She advised of a California state law requiring large grocery stores and chain drugstores to provide customers with the option of paper or a reusable bag. Such stores are also required to give customers the option of returning the plastic bags. REGULAR CITY COUNCIL MEETING MINUTES MAY 28, 2008 PAGE 10 City Attorney Mattas requested clarification as to Council's preferred effective date. He stated he believed Council prefened to stay with the October 1, 2008 effective date. Accordingly, he advised staff would bring the ordinance back before Council for forn1al introduction and adoption to take effect as of October 1. Council so confinned. Assistant to the City Manager Kennedy questioned whether Council wanted staff to revisit the option of regulating the use of plastic bags. Councihnan Mullin stated he would like staff to n10nitor the in1pact of such an ordinance in jurisdictions where plastic bags had been banned, including San Francisco. COUNCIL COMMUNITY FORUM None. CLOSED SESSION 7. Conference with Labor Negotiator (Pursuant to Goven1ffient Code Section 54957.6). Unrepresented Employee: City Atton1ey. Time entered into Closed Session: 9:38 p.m. Time Open Session resumed: 10:45 p.m. Report out of Closed Session by Mayor Gonzalez: Nothing to Report. ADJOURNMENT Being no further business, Mayor Gonzalez adjourned the meeting at 10:45 p.m. ~ Pedro Gonzalez, Mayor City of South San Francisco REGULAR CITY COUNCIL MEETING MINUTES MAY 28, 2008 PAGE 11