HomeMy WebLinkAboutMinutes 2009-05-20~x S~ MINUTE S
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o - ~ SPECIAL MEETING
~' ~ CITY COUNCIL
OF THE
c'~LIFOR~~~ CITY OF SOUTH SAN FRANCISCO
P.O. Box. 711 (City Hall, 400 Grand Avenue)
South San Francisco, California 94083
Meeting to be held at:
MUNICIPAL SERVICES BUILDING
COMMUNITY ROOM
33 ARROYO DRIVE
SOUrhH SAN FRANCISCO, CA
WEDNESDAY, MAY 20, 2009
6:30 P.M.
Purpose of the meeting:
1. Call to Order: 6:33 p.m.
2. Roll Call Present: Councilmen Garbarino, Gonzalez
and Mullin, Vice Mayor Addiego and
Mayor Matsumoto.
Absent: None
3. Public Comments -comments are limited to items on the Special Meeting Agenda.
Sherene Metwally, daughter of Delal Metwally, expressed concern over the acquisition of
her father's building located at 415/417 Grand Avenue stemming from the fact there was no
mention of the property included the Capital Improvement Plans (CIP) for the next five (5)
years. She questioned if there was money allocated for this project, or should the family
look to other options such as leasing.
Mayor Matsumoto stated Council could not comment due to the property in question being
part of a closed session item and referred to City Attorney, Steve Mattas for further
clarification.
Attorney Mattas stated as of yet, there had not been a final deal consummated and to include
information on the acquisition it in the current CIP would be premature.
Ms. Metwally questioned if the tentative agreement was null and void.
Vice Mayor Addiego questioned if Attorney Mattas was able to share the Redevelopment
Agency's (Agency) financial situation and assure Ms. Metwally the funds were available
should the Agency choose to go in that. direction.
Attorney Mattas explained the Agency's funds are particularly allocated only for Capitol
Projects, such as construction and acquisitions of property, and informed Ms. Metwally
there was adequate funding should a deal be consummated. Attorney Mattas also offered to
personally speak with Ms. Metwally if she required further information.
CLOSED SESSION
4. Conference with Labor Negotiators.
(Pursuant to Government CodE; § 54957.6)
Agency designated representative: Kathy Mount
Employee organizations:
AFSCME, Local 1569, AFL-C'IO
Confidential Unit, Teamsters Local 856
International Association of Firefighters, Local 1507
Mid-management Unit
International Union of Operating Engineers, Loca139
South San Francisco Police Association
Public Safety Managers
Executive Management Unit.
TIME IN: 6:36 p.m.
TIME OUT: 6:45 p.m.
Report out of Closed Session: Direction given. No action taken.
STUDY SESSION
General Fund Budget Outlook for 2009-10 through 2011-12 and Budget Options
and, Capital Improvement Program Fiscal Year 2009-2010
City Manager Barry Nagel and Finance Department Director Jim Steele presented the Staff
Report which highlighted the General Fund Budget Outlook and Options for 2009-2010
through 2011-2012 for the purpose of outlining the General Revenue funds and expenditures
and obtaining feedback and direction from Council. The General Fund Budget would be
brought back to Council for fc-rmal consideration on June 24, 2009.
Manager Nagel outlined First Quarter and Midyear Financial Reviews, which had seen
dramatic drops due to the recession. The largest categories affected included Property
Taxes, Sales Taxes, Transient Occupancy Taxes (TOT), Building and Fire Permits. At the
same time, Health Care Costs had continued to escalate with Kaiser projected to increase by
10% and Blue Shield by 15%. There was also the possibility of an additional $2.0 million
dollar hit from rising Public F;mployees Retirement System (PERS) rates.
Manager Nagel reported despite Council's actions midyear to close the gap and the cutting
of the less critical Capital Improvement Programs, a shortfall of $6.9 million could occur
next year if further corrective action was not taken.
SPECIAL CITY COUNCIL MEETING MAY 20, 2009
MINUTES PAGE 2
Director Steele reviewed the projected expenses and revenues for 2009-2010, 2010 -2011
and 2011-2012 but concentrated mostly on 2009-2010 as the latter years were too
speculative.
Referencing the numbers reported from the Board of Equalization in regards to sales tax,
Mayor Matsumoto questioned i.f they were projected numbers or actual numbers.
Director Steele referenced Attachment C of the report and stated the decreases reported were
projected and were expected to continue into the next year with a modest 1 % growth
assumed.
Director Steele continued to reference Attachment C as he outlined the expected revenue
growths/declines and the expec;ted growth in expenditures.
Manager Nagel presented a Summary of Budget Balancing Options which included amulti-
pronged budget strategy using :reserves, additional budget cuts, consideration of continuing
the wage freeze for another year, considering a TOT increase and/or a billboard tax for the
voters in November 2009, and considering restructuring the of various employee benefits to
make them more in line with other San Mateo County cities. These suggested actions would
have no lay-offs and little effect for part time employees. If further action was required,
there could be some significant employee effects as outlined in Attachment F of the Staff
Report, Staff was trying its best to avoid this scenario.
Mayor Matsumoto questioned if the forecasted numbers regarding TOT were based on the
decline in occupancy and the decline of room rates.
Vice Mayor Addiego questioned if there was a positive vote to increase the TOT by 1 %,
could it take effect starting Jar.~uary 1, 2010.
Mayor Matsumoto questioned if the room rates would stay at the current rate of $2.50 per
night and if that were the case., what kind of percentage overall could the City expect.
In response to Mayor Matsumoto's questions Manager Nagel stated the numbers were based
on both the decline in occupancy and room rates. The $2.50 per night rate would remain
with an overall increase between 12 to 12.5%. In response to Vice Mayor Addiego,
Manager Nagel confirmed the TOT increase would take effect beginning January 1, 2010.
Regarding the potential Billboard Tax, Mayor Matsumoto questioned if there was the
potential for lawsuits. She requested reports from neighboring Cities and questioned the
possibility of sharing in legal costs.
Attorney Mattas explained thE; same groups who had previously opposed the tax could
pursue the same course of action. Structuring of the Ballot Measure and legal risks must be
considered by Council.
Councilman Garbarino requested the item be discussed in greater detail at a later time.
Manager Nagel stated there were additional items needed to be taken into consideration such
SPECIAL CITY COUNCIL MEETING MAY 20, 2009
MINUTES PAGE 3
as the State borrowing $2.0 million of the City's Property Taxes through Proposition lA.
Under the Proposition, the loan. would be required to be paid back, with interest, within three
(3) years. Due to these constitutional protections, Staff recommended these funds be taken
from the Reserve Fund. Manager Nagel reiterated the possibility of an additional $2.0
million dollar hit from rising Public Employees Retirement System (PERS) rates.
Councilman Mullin questioned. if the $2 million was to be taken from the General Fund or
the Redevelopment Fund.
Manager Nagel stated the money would come from the General Fund and mentioned there
was a recent court case that ruled taking the money from Redevelopment would be
unconstitutional.
Manager Nagel suggested other items to be streamlined or reorganized including making the
City newsletter mainly online, travel, meetings and dues, and food items such as meals for
the Citizen's Academy. Also noted were several Department vacancies slated to remain
unfilled, and programs to be combined or reduced. Funding shifts from the General Fund to
the Redevelopment Fund would be considered wherever possible.
Mayor Matsumoto questioned the shifting of expenses from the General Fund to
Redevelopment and why this had not been happening all along. She further questioned if the
City could shift items retroactively.
Director Steele stated $2.5 million had been shifted approximately five (5) years ago and
lately it was realized, after looking harder at the services the Agency receives, more could be
shifted.
Attorney Mattas stated the proposed shifted items had been properly vetted in the attorney's
office and deemed permissible;.
Manager Nagel went on to explain further items under consideration which included library
hour reductions, holding vacant positions in the Parks and Recreation Department, closing
Orange Park Pool on Sundays, and trimming the hours of Senior Centers by two (2) hours
per day. The Police Department had left a Parking Enforcement and Police Officer position
open and delayed Police Academy activities for this year. Programs such as D.A.R.E. and
Every 15 Minutes would be scaled down, but remain. Manager Nagel added Public Works
crews could be combined and noted Director White's confidence that City crews would be
able to complete a lot of the v~~ork in-house, and charged to the CIP Budget.
Mayor Matsumoto stated she ,and former Police Chief Raffaelli had discussed the importance
and cost effectiveness of County-wide tasks forces and noted while they are beneficial, they
also create problems by having to backfill. She stated her previous support of such
involvement, but considering the City's current Budget situation, she questioned if it would
be prudent to remain involved with these activities. She was not looking to make this a
permanent cut, but wanted it t:o be taken under consideration.
Manager Nagel stated there was atrade-off in the fact that task forces do generate a savings
in terms of the training they provide but they also remove Officers from the street.
SPECIAL CITY COUNCIL MEETING MAY 20, 2009
MINUTES PAGE 4
Mayor Matsumoto asked for the frozen positions and departments that would be impacted.
With that said, Manager Nagel explained Attachment F needed to be addressed as these
would be additional items to be- considered should the $1.9 million shortfall remain.
Director Steele advised the items outlined in Attachment F were not recommended, but the
Finance Department wanted to show the impact if the next round of cuts was necessary.
Vice Mayor Addiego questioned if the items should be discussed and felt it was a sensitive
topic seeing as it pertained to real people.
Councilman Garbarino agreed with the Vice Mayor's statement.
Manager Nagel stated he undet•stood Council's position but he still must bring forth a
balanced budget on the June 24 and requested Council provide direction on which way to go
should the problem not be solved. If desired, Council could provide Staff with specific
policy direction.
Vice Mayor Addiego stated Cc-uncil needed to assess the purpose of the reserves. He further
stated the idea of reserves in business, was to keep itself whole during tough times. He felt
this was a bona fide use of resf;rve dollars.
Mayor Matsumoto questioned what the balance in the reserve fund would be should we take
$2 million.
Director Steele referred to Attachment B stated the entire reserve would go down to $12.2
million with the $2 million reduction.
Vice Mayor Addiego clarified the City currently had $14.2 million in the total Reserve Fund.
Mayor Matsumoto questioned if there were some criteria to determine how to use reserve
funds.
Manager Nagel stated the criteria were all discretionary, set forth by Council policy.
Councilman Gonzalez questioned if the Finance Subcommittee had informed the local or
Union representatives and associations involved in Attachment F.
Manager Nagel stated they may have seen the attachment now, but it was not provided
beforehand. He reiterated that he wished Council provide policy direction such as, no full
time position effected, if this was to be the consensus.
Mayor Matsumoto stated she did not want to hear of these items for the first time on June 24
and if further study sessions were needed to address the issues at hand then so be it.
Councilman Mullin stated the: idea of tabling the discussion for a later date would be
different if we were looking further into the future, but the obligation to air the current
SPECIAL CITY COUNCIL MEETING MAY 20, 2009
MINUTES PAGE 5
possibilities was there. In terms of use of reserves, he questioned if Manager Nagel was
looking for direction now or would there be flexibility the night of June 24, based on the
document presented that night.
Manager Nagel stated Council had the discretion, but he still wanted to know if there was
going to be policy direction to avoid further stirring of emotions.
Mayor Matsumoto stated she struggled with $2 million coming out of reserves and,
realistically with current state of the State, she does not foresee it being paid back
constitutional or not. Her main concern was to protect South San Francisco residents. That
being said, she stated the need for more information before deciding to use money from the
Reserve Fund.
Manager Nagel suggested that another Study Session be set after the next Finance
Subcommittee meeting if necessary. Furthermore, he suggested Council come with revenue
ideas, policy direction, review what was presented tonight. He urged Council to consider the
ballot issues, particularly TOT, as November is right around the corner.
Vice Mayor Addiego stated he would not want the City to be the type of employer that hires
then does lay-offs six months later. Also, he felt the recession would not extend out into a
decade, but he wanted to be respectful to those who have committed their careers to City
government.
Mayor Matsumoto concurred with Councilman Mullin's statement; the real possibilities of
the City's options had to be aired.
Manager Nagel stated Staff would be instructed to find additional dollars for inclusion in the
Budget.
Councilman Gonzalez stated he would study Attachment F further, but he did not wish the
City to conduct any lay-offs.
Mayor Matsumoto questioned where the City would cut if jobs were not affected. By the
same token, residents needed t:o know which services would be cut and what was going to be
given up.
Councilman Mullin questioned if the budget being presented on June 24 would be the final
recommended budget or would alternative options be presented as well.
Manager Nagel stated that Council would see a balanced, recommended budget. Options
would be presented and there would be the ability to mix and match. Changes would be
optional until finalized.
Director of Public Works, Terry White then presented Staff Report for CIP which outlined
infrastructure improvements throughout the community. There were no CIP projects being
funded by the General Fund, except for the "Bay Trail Improvement Project," in the amount
of $65,500 as General Fund allocation was required in order to receive $131,000 in grant
funding form the Metropolitan Transportation Commission.
SPECIAL CITY COUNCIL MEETING MAY 20, 2009
MINUTES PAGE 6
CIP Project Engineer, Tracy Scramaglia presented projects slated for the next year and
requested Council. interject if they had any questions or concerns. Project details and
funding sources were discussed in the following areas: Bridge improvements, Storm Drain
improvements, Sanitary Sewer improvements, Park improvements, Traffic improvements,
Information Technology, Public Facility and Agency Facility improvements.
Councilman Gonzalez mentioned the unhealthiness of the air quality located at Airport
Boulevard under the rail road bridge and questioned if something could be done about
cleaning the accumulated pigeon droppings and bodies at least one (1) to two (2) times per
year.
Director White stated typically both the Airport Boulevard and East Grand underpass areas
received thorough cleanings of'the railings and so forth, once a year. He also noted the areas
were part of the normal sweeping schedule, which took place on the 5th Friday of each
month, approximately four (4) times per year.
Councilman Gonzalez questioned if cleaning could be done more often to cut back on
complaints.
Director White stated he understood the concern and would have Staff follow up.
Regarding the Caltrain Station relocation item included as part of the Public Facility
improvements, Mayor Matsumoto understood the project was placed on hold.
City Engineer Ray Razavi stated construction was on hold, but Council had directed Staff to
continue with the acquisition of the property located at Airport Boulevard and Grand
Avenue. However, lease of the airspace had not been continued.
Manager Nagel recalled Council directed Staff to keep progress moving forward with
planned purchase as it was a critical piece of property for redevelopment. Formal action was
yet to come.
Mayor Matsumoto, citing the Cypress and Baden Projects, questioned if the matching funds,
came from the Redevelopment or the General Fund.
Engineer Scramaglia stated for the particular projects gas tax was used, but when prohibited
by Measure A, such as the Bay Trail Project, the General Fund was used for the matching
funds.
Councilman Gonzalez questioned if it was possible to check storm drain located at the 200
block of Grand Avenue as an odor was emanating.
Director White stated the odor could stem from stagnated water, but he would have Staff
check on it the following day.
Manager Nagel informed Council Staff anticipated presenting the final CIP on June 24 along
with the Budget.
SPECIAL CITY COUNCIL MEETING MAY 20, 2009
MINUTES PAGE 7
Mayor Matsumoto stated she expected the CIP to be presented with options.
Manager Nagel concurred options would be presented, but ultimately Staff will have a
recommendation with options discussed this evening as well as subsequent options
developed during the next Finance Subcommittee Meeting.
ADMINISTRATIVE BUSINESS
6. Resolution approving South San Francisco Joinder to consent to Assignment and
Amendment of Ground Leases for Parcel B, Parcel C, Parcel D-1, Parcels E, E-l, E-2, E-3,
E-4 at Oyster Point Marina from King Ventures to Oyster Point Ventures LLC
Attorney Mattas presented Stai:f Report which included a document referred to as a joinder
regarding the MOU with OystE;r Point Ventures LLC (Developer), a joint venture between
Shorenstein Properties and SKS Investments LLC, for the development and planning of
Oyster Point Marina and Oyster Point Business Park. Said MOU had been approved by the
City and Redevelopment Agency on May 13, 2009.
The Harbor District and the Developer have negotiated Consent to Assignment and
Amendment agreements related to the assignment of the King Leases to Developer. The
Developer has requested the City to join the consent to the assignment of the King Leases to
Developer as part of the redevelopment of Oyster Point Marina.
Staff recommends Council approve the Resolution approving South San Francisco Joinder
to consent to Assignment and .Amendment of Ground Leases for Parcel B, Parcel C, Parcel
D-1, Parcels E, E-l, E-2, E-3, E-4 at Oyster Point Marina from King Ventures to Oyster
Point Ventures LLC.
Mayor Matsumoto questioned if she should open the Special Meeting for the Recreation and
Park District so as to make a motion and vote concurrently on the resolutions.
Attorney Mattas advised Mayor Matsumoto she could convene the Special Meeting and vote
on the resolutions sequentially.
Mayor Matsumoto opens Special Meeting for the Recreation and Park District for
Wednesday May 20, 2009.
Motion -Councilman Garbari.no/2°d -Councilman Gonzalez: to approve Resolution No. 39-
2009. The motion was approved by the following roll call vote: AYES: Councilmen
Garbarino, Gonzalez and Mullin, Vice Mayor Addiego. NOES: Mayor
Matsumoto. ABSTAIN: None. ABSENT: None.
SPECIAL CITY COUNCIL MEETING MAY 20, 2009
MINUTES PAGE 8
CLOSED SESSION
7. Conference with Legal Councik: Anticipated Litigation.
(Pursuant to Government Code § 54956.9(b))
Significant Exposure to Litigation: One Case.
RECESS: 8:33 p.m.
MEETING RESUMED: 8:38 p.m.
TIME IN: 8:38 p.m.
TIME OUT: 8:55 p.m.
Report Out of Closed Session: Direction Given. No reportable action.
ADJOURNMENT
Being of no further business, Mayor Matsumoto adjourned the meeting at 8:55 p.m.
Submitted by:
~-
Anna M. Hernandez, Deputy City le:~
City of South San Francisco
0 tir~rnvar~
SPECIAL CITY COUNCIL MEETING
MINUTES
MAY 20, 2009
PAGE 9
City of South San Francisco