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HomeMy WebLinkAboutMinutes 2010-07-28O4 r : ' -~I: 9~L o CITY COUNCIL ~~'"~""~~ CITY" OF SOUTH SAN FRANCISCO ~'gt~FORr~~' REGULAR MEETING MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE WEDNESDAY, JULY 28, 2010 CALL TO ORDER TIME: 7:00 P.M. ROLL CALL: PRESENT: Councilmembers Garbarino, Gonzalez, Matsumoto, Vice Mayor Mullin and Mayor Addiego. ABSENT: None. PLEDGE OF ALLEGIANCE: Led by Mayor Addiego. PRESENTATIONS • Presentations by Summer Interns. Senior Human Resources Analyst Mercado introduced the 2010 Summer interns: Katrina Lee (Economic and Community Development}; Marijoy Anglees (City Clerk); Katrina Banales (Human Resources); Lyndsey Helfrich (Library); Arlene Gonzalez (Library); Janelle Mammini (Planning); Lyndsey Virdeh (Economic and Community Development); Gregory Mediati (Economic and Community Development); Doreen Gotelli (Parks and Recreation); RJay Juarez (Parks and. Recreation); Rochelle Faugier (Parks and Recreation). The interns provided a power point presentation. The presentation highlighted the interns' various and accomplished backgrounds as well as the projects they worked on with the City. • Leadership Academy Presentation. Human Resources Director Mount introduced Leadership Academy Participants, including, Budget Director, Colleen Tribby, Senior Planner, Gerry Beaudin, Senior Human Resources Analyst, Mich Mercado and Lead Plant Mechanic David Bockhaus. She explained the four employees were selected to participate in a program to prepare the next generation of employees to serve in leadership and executive positions. The participants shared their impressions of the program with Council and thanked Councilmembers and staff for permitting their participation. Councilwoman Matsumoto thankedl the participants and commented on their abilities to represent the City well. AGENDA REVIEW None. PUBLIC COMMENT Resident Jorge Menjivar appeared and requested that Council look into certain safety issues relating to C Street. Councilwoman Matsumoto suggested that the issue be referred to traffic advisory. Director of Public Works White nol:ed staff was aware of the issues and was looking into possible resoluticns. Resident Vicente Rodriguez addressed Council_ and requested consideration of lighted crosswalks at the intersection of Grand and Walnut near All Souls Church. He observed near accidents at this location on several occasions. Director of Public Works White stated this intersection and the request would be reviewed. Chris Copolo, R.N. advised Council that the City had been selected as the recipient of the Housing Hero Award. The City was one of 5 recipients in San Mateo County out of a hundred that had been nominated. South San Francisco was selected for the importance it placed on supportive housing's incc-rporation in local developments. She invited Council to the award presentation in September for the purpose of accepting the award. ITEMS FROM COUNCIL • Announcements. • Committee Reports. Councilmembers reported on participation in community meetings and events including a tour of Takeda BioSciences, a High speed Rail Policy Working Group Meeting, a County BPAC Meeting and the CALGreen Webinar. Council thanked fellow Councilmembers, staff and community members for work cleaning up Joanne's Triangle. Specific items for further action and/or consideration v~ere set forth as follows: Councilman Gonzalez recommended that Councilmembers seek tours of other local companies to learn more about the research being done in local facilities. Councilman Garbarino agreed. Councilman Garbarino announced the Day in the Park Committee had reached its donation goal of covering expenses up to `,71,000. He also advised the public of a pamphlet published by the Department of Insurance Consumer Education Outreach Bureau relating to low cost automobile insurance available to certain eligible drivers. Councilman Gonzalez requested that staff order more of these pamphlets for availability to residents. REGULAR CITY COUNCIL MEETING JULY 28, 2010 MINUTES - 2 - CONSENT CALENDAR Motion to approve the minutes of May 19, 2010, May 24, 2010 and July 14, 2010. 2. Motion to approve expense claims of July 28, 2010. 3. Motion to waive reading and adopt Ordinance No. 1431-2010 amending Section 8.16.040 of the South San Francisco Municipal Code regarding Location of Receptacles on Designated Collection Days. 4. Motion to waive reading andl adopt Ordinance No. 1432-2010 making findings, repealing Title 20 of the South San Francisco Municipal Code, except for Chapter 20.25, and adopting the South San Francisco Zoning Ordinance and Map Update. 5. Resolution No. 70-2010 authorizing the City Engineer to file an application for federal Surface Transportation Program (STP) and/or Congestion Mitigation and Air Quality Improvement (CMAQ) funding and committing the necessary non-federal match and stating the assurancF; to complete the project. F. Resolution 71-2010 authorizing; a contract with Pacific Municipal Consultants (PMC) for preparation of Community-wide Greenhouse Gas Emissions Inventory. 7. Resolution No. 72-2010 authorizing the acceptance of funding opportunities from KaBOOM! to fund a communiity playground build project. Motion- Councilman Garbarino/Second- Councilman Gonzalez: to approve Consent Calendar Items nos. 1-3 and 5. Unanimously approved by voice vote. Motion- Councilwoman Matsumoto/Second- Councilman Gonzalez: to approve Consent Calendar Item no. 4. AYES: Councilmen Gonzalez and Garbarino, Councilwoman Matsumoto and Mayor Addiego. NOES: none. ABSTAIN: Vice Mayor Mullin. ABSENT: None. Motion- Councilwoman Matsumoto/Second- Councilman Garbarino: to approve Consent Calendar Item no. 71-2010. Unanirriously approved by voice vote. Item 7: Councilman Garbarino commented on the need for replacement of the selected park. He questioned whether the design for the proposed park could be enhanced. Superintendent of Parks and Facilities Bates explained the picture included with the staff report depicted the current state of the park as opposed to the planned new design. Motion- Councilman Gonzalez/Second- Councilman Garbarino: to approve Consent Calendar Item no. 7. Unanimously approved by voice vote. REGULAR CITY COUNCIL MEETING JULY 28, 2010 MINUTES - 3 - LEGISLATIVE BUSINESS 8. Waive reading and introduce an ordinance updating Chapter i 1.68 of the South San Francisco Municipal Code related to Prima Facie Speed Limit on City streets. Associate Civil Engineer Tracy Scramaglia presented the staff report and noted in 1995 Council added Chapter 11.68 which allowed the Police Department to utilize radar for enforcement of speeding violations on streets other than highways or local roads. Based on recent results, six i6) streets required revisions to their speed limits; Callen Boulevard between Westborough and King Drive, East Grand and Airport to Forbes, Gellert between Shannon to Westborough, Gull in its entirety, South Canal Street between South Linden to South Spruce and Utah Avenue between South Airport to Utah. Councilwoman Matsumoto requested clarification on the process used to determine the increases or decreases in speed. Ms. Scrarriaglia noted a speed count is taken to determine the 85th percentile, which is identified as having the least amount. of accidents. After the 85th percentile is determined, the limit is set 5 MPH below that in accordance with state regulations. City Engineer Ray Razavi noted this 85th percentile requirement was enacted as an anti- speed trap law which required the speed be set at the specified percentile in order to use radar. Councilman Garbarino requested clarification on the area of Westborough Blvd. from City Limits to Junipero Serra, whether it was roughly from Fleetwood down to Junipero Serra and if the new speed limit was 35 nigh. iv1s. Scramaglia confirmed. Councilman Garbarino suggested more enforcement, noting a school's close proximity in this area. Vice Mayor Mullin observed Shannon Drive as being a speed corridor and expressed concern over raising the speed limit on one street that leads to another with unofficial speed issues. Once a person sets there speed limit, was there evidence that they would adjust accordingly when entering another area or maintain their current rate of speed? Ms. Scramaglia was aware of the issues on Shannon and stated the speed limit was unlikely to change. Traffic on Shannon has ~>een addressed through signage and with the School District. She was unaware of the effect it would have on driver behavior. Vice Mayor Mullin questioned if speeding behavior was being rewarded. by raising the speed limit. Ms. Scramaglia noted the 85th percentile had been identified as the safest speed and the speed at which accidents were least likely to occur. Motion -Councilman Garbarino/Sec;ond -Councilman Gonzalez: to waive reading and introduce an ordinance updating Chapter 11.68 of the South San Francisco Municipal Code related to Prima Facie Speed Limit on City streets. Unanimously approved by voice vote. REGULAR CITY COUNCIL MEETING JULY 28, 2010 MINUTES - 4 - PUBLIC HEARING 9. Public Hearing under the requirements of the Tax and Equity Fiscal Responsibility Act (TEFRA) and adopt a resolution approving the issuance of bonds by the California Municipal Finance Authority (CMFA) for the benefit of a limited partnership or a limited liability company to be established by Mid-Peninsula Housing Coalition to provide fir the financing of the project at 636 El Camino Real, and authorizing the City Manager to execute the joint exercise of powers agreement with the CMFA. Public Hearing opened: 8:25 prn. Redevelopment Consultant Sanchez :presented the staff report pertaining to the issuance of bonds for the project at 636 El Camino Real ("ECR"). The project was being divided into two (2) phases for financing purposes. The f rst phase was a 62 unit development and the second phase was a 47 unit building. The total project was 109 units and would operate as one development. The bonds would be a major component of the financing, are tax exempt and issued by the California Municipal Finance Authority ("CMFA"). The City is required to join the CMFA and approve the issuance of the bonds as a formality and to permit the public to comment on the issuance. "The City would be allowed to exit the JPA at any time. The CMFA would grant 25% of the issuance fee to the City's general fund, estimated at $5000, for holding the public hearing on behalf of the state and issuer. Councilwoman Matsumoto asked why this was being done by Council versus the Redevelopment Agency ("RDA"). She also asked if this would effect the City's bonding capacity or credit rating if something; negative should happen. Mr. Sanchez responded tl-~e RDA was the fonder but the City was the local jurisdiction over entitlement of the project. This would not have any negative effects on the City's bonding capacity or credit rating should something go awry. Councilman Gonzalez questioned whether the Council had taken similar action in the past. Assistant City Manager Marty Van Duyn stated it had not occurred since he had been with the City. In the past, there had been more financing available through other sources. Councilman Gonzalez wanted assurance the action was safe. Mr. Sanchez assured Council that it was. Public Hearing closed: 8:29 p.m. Motion -Councilman Garbarino/Sec;ond -Vice Mayor Mullin: to approve Resolution No. 73-2010. Unanimously approved by voice vote. REGULAR CITY COUNCIL MEETING JULY 28, 2010 MINUTES - 5 - 10. Resolution No. 74-2010 authorizing approval of the Capital Improvement Program for Fiscal Year 2010-2011 and authorizing Staff to prepare plans and specifications for construction bids for construction advertising of projects under this program. Public Hearing opened: 8:30 p.m. Associate Civil Engineer Tracy Scramaglia noted the past meetings and study sessions in regards to the Capital Improvement Program for the fiscal year of 2010-201 1. There had been 2 projects added since the study session of May 19. Under public facilities, the pool boiler replacement funded by Park in. lieu fees from zone four interes±. This project would replace the current pool boiler with an energy efficient model. The second project was under Traffic as the South San Francisco regional gap closure project, funded by the San Mateo County Regional Bicycle Program. This project would. design and install bike lanes throughout the City. One other note was at the May 12th City Council meeting the Solar system project for the annex building was awarded to Gamma Builders, therefore this was added to the CIP under public facilities and was funded by the Department of Energy's community block grant. It showed as existing because it was approved by Council in the last fiscal year. Total CIP budget, including prior appropriations, was $67,620,621. Adoption of the CIP also authorized staff or its consultants to prepare plans and specifications for this program. Councilwoman Matsumoto questioned whether there was wiggle room just in case something u~as to come up. Ms. Scramaglia noted there was always wiggle room to allow for matching such as gas tax and Measure A. Councilman Garbarino noted there was $1.7 million still left in the aircraft insulation program and asked for a progress report on where the program was going. Public Hearing closed: 8:34 p.m. Motion -Councilman Garbarino/Sec;ond -Councilman Gonzales: to approve Resolution No. 74-2010. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 11. Discussion of draft Ordinance; amending Chapter 8.50 of the South San Francisco Municipal Code Regarding the Regulation of Smoking. Recess: 8:35 p.m. Meeting resumed: 8:45 p.m. Economic Development Coordinator Mike Lappen presented the staff report for the purpose of introducing the proposed. ordinance in draft form related to the ban of smoking in the Downtown area. Chapter 8.50 was last updated in 1993, since then, a number of studies have identified secondhand smoke as a leading cause of cancer, birth defects, fetal growth impairment and other respiratory harms. Mr. Lappen listed the other cities that had REGULAR CITY COUNCIL MEETING JULY 28, 2010 MINUTES - 6 - passed similar ordinances. The goal of the ordinance would be to protect the public from secondhand smoke on the sidewalks, walkways, and public parking lots facing the major Downtown streets. Smoking would :;till be allowed on private property facing the "lanes" and in areas outside the Downtown Commercial and Mixed-Use Zoning Districts. Distinctions were made between the classified areas affected by the ordinance. Mr. Lappen noted there were two (2) community meetings held which garnered mixed opinions from the participants. The comments generally ranged from support to concerns regarding personal freedoms and the potential for a negative impact on Downtown businesses. Edith Kabusli of the San Mateo County Health System Tobacco Prevention Program, Evelyn Long of the American Cancer Society, Linda Selvitella of Breathe California, Public Health graduate student Leona Lee Pinto and American Cancer Society volunteer David Jesson all spoke in support of the proposed ordinance. Each provided a variety of data and statistics on the dangers of secondhand smoke citing various sources including the Environ-nental Protection Agency ("EPA"). It was reported that surveys of public opinion show overwhelming support of regulations regarding secondhand smoke time and time again. It was further reported there had been no recorded negative impacts in revenues when smoke free policies were enacted and that smoke free policies decreased smoking in both adults and youth within those areas. Residents and/or local business owners Rob Bartoli, Joe Murata and Mr. Shazad spoke against the proposed ordinance opining it was supported by false logic. Each felt downtown businesses would be negatively affected and put at a disadvantage compared to businesses in other areas throughout the city. In addition Mr. Murata noted public health should be a concern in all areas of the City. Safety issues within the alleys where smoking would be allowed and enforcement issues were further concerns. While the arguments against secondhand were not unmerited, the speakers felt designated smoking areas would be a valid option. Councilman Gonzalez had received correspondence from both proponents and opponents of the ordinance, and while he did not want to weigh one against the other, he agreed with being in compliance with the state but not adding other areas for now. Mayor Addiego sought the opinions of Council regarding the proposed ban for parks. Councilman Gonzalez stated he would agree to that portion; playgrounds, tot lots and other recreational areas. Councilwoman Matsumoto was in support of the proposed ordinance as drafted. Furthermore she felt smokers had a choice and non-smokers did not. She was hopeful if something was passed, residents would comply. Health was paramount to her, but cleanliness was another concern and that went along with the Downtown renaissance that was being attempted. Also, the litter could greatly affect the storm water discharge regulations, causing all residents to pay higher fees to deal with fines incurred as well as additional fees for street cleaning. F-usinesses wouldn't pay that but residents would. She expressed interest in seeing detailed statistics about the affect of nonsmoking policies on REGULAR CITY COUNCIL MEETING JULY 28, 2010 MINUTES - 7 - revenues referred to earlier by Ms. Kabusli. Lastly, she added her support for extending the ban to 20 feet from a doorway versus 5 feet. Councilman Garbarino felt it was discriminatory to target one specific area of town. If he were to support a ban, he felt it should be a citywide ban, designated smoking areas outside of businesses with receptacles paid for and maintained by those businesses. Unfortunately, the litter aspect was something that could not really be controlled. He would however, be in support of a total smoking ban in parks and recreational areas. Vice Mayor Mullin understood the Councilwoman's point on litter and questioned if there were strategies known of employed by other cities to combat those issues. Mr. Lappen did not know at the moment, but stated staff could make some phone calls to find out. He noted the City of El Cajon allows its City Manager to look at exemptions for designated smoking areas. The Vice Mayor stated he was in favor of expanding the ordinance and given the public health issues surrounding secondhand smoke, felt the current proposal was too narrow. While sensitive to both public health issues and hampering Downtown business, he hoped to find a balance that would be beneficial in both arenas. He also wanted to learn more about the affects a ban would have on revenues for downtown businesses. As far as parks go, he would be in support of a total ban. The Vice Mayor felt the hearing and discussion would prove helpful in rejFining the language as the City moved forward and. he would keep an open mind as the matter progressed. Mayor Addiego noted consensus among Council in regards to a smoking ban in City parks. He agreed there was an aspect of unfairness in limiting the smoking ban to the Downtown area. He was also concerned with cigarette butts in Colma Creek, the Bay and wildlife. The Mayor noted businesses that accommodated smoking customers, such as Garden Chapel or Bertolucci's, where receptacles were in place outside the facilities. He advocated for enlisting the assistancf, of business owners with the cleanliness aspect. Councilman Garbarino felt there were unanswered questions that still needed to be explored before he could offer his full support. Mayor Addiego concluded the discussion on item No. 11. 12. Discussion of Grand Jury Report and proposed response related to Red Light Cameras. Chief of Police Mike Massoni presented the staff report and noted in early June 2010 the Grand Jury issued a report with findings and recommendations on red light cameras throughout the County. A copy of the draft of the City's response as prepared by the Chief and City Attorney Mattas was provided to Council. The response required the approval of the governing body at a public meetiing open to discussion. Councilman Garbarino stated he had recently been informed that signage was controlled by Caltrans. REGULAR CITY COUNCIL MEETING JULY 28, 2010 MINUTES - 8 - Chief Massoni so confirmed and noted there was signage warning of the fines and stating right on red was permitted after a stop. Public Works Director White reiterated that placement of signage was under control of Caltrans. Councilwoman Matsumoto stated she was pleased because she had seen an improvement in driver compliance and safety for pedestrians. Vice Mayor Mullin noted point number six (6) of the response stated that cameras had not been operating long enough to gather accurate trends and accident data. He asked the Chief; in his opinion, how much time would be sufficient? Chief Massoni stated he would like to see at least 12 months of consistent enforcement. Analysis could be done year to year but the increase in traffic had to be taken into account, as a 10% increase in traffic would increase the risk of accidents by 10%. The Chief continued that all cities in San Mateo County were drafting letters in response to the Grand Jury. The County Chiefs' Association. had responded to a draft received by the Grand Jury, pointing out several errors and items not taken into consideration. South San Francisco's letter was very similar to those throughout the County with the exception of different wording and items that may specifically reflect on one particular city. Councilwoman Matsumoto stated relative to Westborough there used to be a back up from Junipero Serra to Gellert. There's a major difference in traffic as it is now almlost deserted during rush hour. The Chief noted these were all things that needed to be taken into consideration. Resident Rob Bartoli asked if there had been a study done at the intersection previous to the cameras being introduced. If so, would the data collected from the study be used or would it be data collected since the cameras were introduced. Chief Massoni responded there was .a study done prior to placing the cameras. That data could be revisited in addition to data. that had been collected since the cameras' installation. The Department felt it was important to consider all violations because each is a potential accident. He agreed that camera presence at a couple of intersections heightened peoples' awareness as a whole, creating a positive difference in driver behavior. Motion -Councilman Garbarino/Sec;ond -Councilwoman Matsumoto: to approve the City's response to the Grand Jury related to red light cameras. Unanimously approved by voice vote. 13. Resolution No. 75-2010 of the City Council of the City of South San Francisco declaring its intent to issue ta:x-exempt obligations to be used to reimburse the City for expenditures prior to the issuance of such tax-exempt obligations, and authorizing the City Manager to sign lea>e documents related to lease/purchase of fire engines and ambulances. Director of Finance Steele presented the staff report recommending that the City Council adopt a resolution declaring its intent to use tax exempt lease proceeds to reimburse the REGULAR CITY COUNCIL MEETING JULY 28, 2010 MINUTES - 9 - City for the purchase of two fire engines and two ambulances that had been budgeted. The resolution also authorized the City Manager to execute lease documents for the fire engines and ambulances in a program through ±he Association of Bay Area Governments (ABAG) Leasing Program. Director Steele explained the Council had approved replacement of two fire engines and two ambulances in the 2010-11 equipment replacement budget. The budget anticipated these four vehicles would be acquired with lease financing; the City's practice had been to fund the acquisition of expensive pieces of equipment using lease/purchase financing to preserve cash. Because interest rates were relatively low by historical standards, the proposed option would be minimal in cost to the City and spread the expense over the time the vehicles would be in use. Councilwoman Matsumoto commented that the ambulances being replaced had shorter life spans than the fire engines being replaced. She questioned whether this was because ambulances are •ased more frequently. Assistant City Manager VanDuyn advised that the two ambulance units at issue were test units that ended up having a lot of downtime ar~d requiring frequent repairs. The City would no longer be purchasing the specific type of ambulance being replaced. Accordingly, the useful life of the new ambulances was expected to be lengthier. Motion -Councilwoman Matsumoto,~Second -Councilman Garbarino: to approve Resolution No. 75-2010. Unanimously approved by voice vote. COMMUNITY FORUM None. ADJOURNMENT Being no further business, Mayor Addiego adjourned the meeting at 9:55 p.m. ~ubmitted by: - ? ~~~ ,i/ Krist ~ 'nelli-La n, C'~it~le~k "~~ ~~~~---E~outh an Francisco Y Approv Mar N. Addiego, Mayor City of South San Francisco REGULAR CITY COUNCIL MEETING MINUTES - 10 - JULY 28, 2010