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HomeMy WebLinkAboutMinutes 2022-05-25 @600MINUTES g REGULAR MEETING cALIFOTCITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, MAY 25, 2022 6:00 p.m. Teleconference via Zoom The City Council may meet by teleconference, consistent with the Brown Act as amended by AB 361 (2021. Under the amended rules, the City will not provide a physical location for members of the public to participate in the teleconference meeting. CALL TO ORDER Mayor Nagales called the meeting to order at 6:00 p.m. ROLL CALL Councilmember Addiego, present Councilmember Coleman, present Councilmember Flores, present Vice Mayor Nicolas, present Mayor Nagales, present PLEDGE OF ALLEGIANCE Mayor Nagales led the pledge. AGENDA REVIEW City Manager Futrell requested Item 8 be moved to Presentations. ANNOUNCEMENTS FROM STAFF None. PRESENTATIONS Presentation of a Certificate of Recognition to Celeste Esguerra and Nadine Macapagal, students at El Camino High School, as the 2022 Jack Drago Cultural Arts Commission Youth Art Scholarship Award Recipients. (Mark Nagales, Mayor) Councilmember Flores gave a brief background about Jack Drago and read a Certification of Recognition recognizing Celeste Esguerra and Nadine Macapagal as the 2022 Jack Drago Cultural Arts Commission Youth Art Scholarship Award Recipients. Celeste Esguerra and Nadine Macapagal accepted the Certificate of Recognition and thanked the City Council for their support. Krystle Cansino thanked the City Council and presented a slideshow of art pieces painted by the winners. Ercie Santos, Cultural Arts Specialists, added that the winners would have a virtual presentation of their artwork and at the atrium exhibit window at the Municipal Services Building. 2. Presentation recognizing Acting Recreation Manager, Kelli Jo Cullinan, for her receipt of the California Parks and Recreation Society (CPRS) District IV Distinguished Professional Award, and for her over 30 years of service to the City of South San Francisco. (Greg Mediati, Director of Parks and Recreation) Director Mediati recognized Kelli Jo Cullinan for her receipt of the California Parks and Recreation Society District IV Distinguished Professional Award, and for her over 30 years of service to the City of South San Francisco. Acting Recreation Manager Cullinan thanked the City Council and her excellent staff throughout her years of service. Mayor Nagales presented a proclamation for Kelli Jo Cullinan, recognizing her service. 3. Proclamation recognizing May 2022 as Older Americans Month. (Mark Nagales, Mayor) Vice Mayor Nicolas read the proclamation recognizing May 2022 as Older Americans Month and presented it to Kasey Jo Cullinan, Acting Recreation and Community Services Supervisor. She thanked the Council for the proclamation. 8. Presentation on the Tentatively Selected Plan for the Water Quality Control Plant Sea Level Rise Protection Project. (Jason Hallare, Senior Civil Engineer, City of South San Francisco and Robert Grimes, Regional Economist, United States Army Corps of Engineers) Senior Civil Engineer Hallare and Robert Grimes presented the Tentatively Selected Plan for the Water Quality Control Plant Sea Level Rise Protection Project. PUBLIC COMMENTS The following individuals provided public comments: Via Zoom: • Brian Brunelli • Stacy Lein • Kyla Valenti • Josue Gonzalez • Rebeca Hernandez-Arcilla • Ben Valdez • Kathryn Alexander • Michael Blume • Erika Young • Marisa Jordan • Tristan Kent • Tom O'Connell • Anders Chippindale • Kory McPeters • Nate Pisani • Pete Shea REGULAR CITY COUNCIL MEETING MAY 25, 2022 MINUTES PAGE 2 • Maria Navarro • Ashly Michelson • Richard Pence • Debbie Louie • Rod Palmquist • Xochitl Cervantes • Benita Chrisman • Bobby Ingersoll • Ronald Montecinos • Edgar Arias Members of the City Council acknowledged and thanked the community for their active participation. While the Council cannot respond to public comments, they indicated that they would consider the feedback and comments received when having further discussions with staff. COUNCIL COMMENTS Mayor Nagales attended his son's Elementary School Graduation. He announced that he would be attending the San Mateo County gun buyback event on June 4, 2022, at the County Courthouse, 1050 Mission Road, South San Francisco, and encouraged everyone to attend. Mayor Nagales shared an unfortunate experience with a resident after he posted an Asian American, Native Hawaiian, and Pacific Islander Heritage Month post on social media. The resident responded with a racist response, and Mayor Nagales called him out. Mayor Nagales requested that they adjourn the meeting in memory of Roberta Flores. He thanked Councilmember Flores and staff for organizing the second bicycle giveaway and suggested having a bike parade with the kids that received the free bikes. Mayor Nagales honored the victims of Uvalde, Texas, by reading their names: • Alexandria Aniyah Rubio — 10 years old • Amerie Jo Garza — 10 years old • Annabell Guadalupe Rodriguez —10 years old • Eliahana Cruz Torres • Eliana "Ellie" Garcia — 9 years old • Eva Mireles — 44 years old • Irma Garcia • Jackie Cazares — 10 years told • Jailah Nicole Silguero — 10 years old • Jayce Luevanos — 10 years old • Jose Flores — 10 years old • Makenna Lee Elrod — 10 years old • Maite Rodriguez • Nevaeh Bravo • Rojelio Torres — 10 years old • Tess Marie Mata • Uziyah Garcia — 8 years old • Xavier Lopez — 10 years old REGULAR CITY COUNCIL MEETING MAY 25, 2022 MINUTES PAGE 3 Vice Mayor Nicolas thanked the staff and volunteers that organized the Asian American and Pacific Islander picnic at Orange Park on May 14, 2022. She received a lot of positive comments regarding the food and resources. She requested to adjourn the meeting in memory of all the victims of gun violence from Uvalde, Texas, Buffalo, New York, and Laguna Woods, California. She also requested to adjourn the meeting in memory of Bernie Guerrero. Councilmember Addiego encouraged everyone to attend the Memorial Day celebration Monday, May 30, 2022, at Orange Memorial Park, beginning at 10:00 a.m. He advised that there will be the 81 st Annual Observance at Golden Gate National Cemetery following the Memorial Day event. Councilmember Coleman requested to find ways to prevent gun violence and ensure that guns in the community are taken off the streets. He stated that South San Francisco was a diverse city and was proud of the Communities United Initiative. He invited the community to attend the Progress Pride Flag raising event at City Hall steps on June 1, 2022, at noon. Councilmember Flores echoed the remarks from his colleagues regarding the victims of gun violence. He shared his experience as a fourth-grade teacher at West Contra Costa Unified School District and stated that teachers and students should never fear being in a classroom. He sent his condolences to the teachers, spouses, and community members. He wished Officer Kathleen Walsh a speedy recovery and thanked her for serving on the saturated Traffic Enforcement Program. Councilmember Flores thanked everyone involved for distributing over 80 bicycles to students. He congratulated the South San Francisco Class of 2022. He thanked all the staff involved for the first Meet Your City event at Pine and Linden Avenue this past Saturday. Councilmember Flores requested to adjourn the meeting in memory of the 19 children and two adults at Uvalde and asked for a moment of silence. CONSENT CALENDAR The Deputy City Clerk duly read the Consent Calendar, after which Council voted and engaged in discussion of specific items as follows. Item No. 6 was pulled by Councilmember Flores and Item No. 7 was pulled by Mayor Nagales for further discussion. 4. Motion to approve the Minutes for the meetings of April 25, 2022, April 27, 2022, and May 11, 2022. 5. Report regarding Resolution No. 76-2022 approving a First Amendment with Flatiron West (Flatiron) of Benicia, California, for the Wet Weather and Digester Improvements Project (CIP Project No. ss1301). (Brian Schumacker, Plant Superintendent) 6. Report regarding Resolution No. 77-2022 authorizing the acceptance of $100,000 from the California State Library to support Community Learning Center's Out of School Time Program and approving Budget Amendment 22.068. (Valerie Sommer, Library Director) 7. Report regarding Resolution No. 78-2022 appropriating an additional $325,000 towards the Fagade and Tenant Improvement Grant Program with Budget Amendment Number 22.069. (Ernesto Lucero, Acting Deputy Director Economic and Community Development Department) Item No. 6: Councilmember Flores requested the resolution for this item properly list the name as the Gene Mullin Learning Center. City Manager Futrell advised that he would work with the City REGULAR CITY COUNCIL MEETING MAY 25, 2022 MINUTES PAGE 4 Attorney to amend the language and advised they were still working with the Mullin Family on the details. Item No. 7: Mayor Nagales thanked staff for bringing the item back to Council and adding the additional businesses. He inquired whether staff could bring this item back next fiscal year if there were a need for it. Acting Deputy Director Lucero confirmed that staff was looking into continuing this program to the next fiscal year. Mayor Nagales inquired whether a business could receive assistance if they weren't part of the initial program. Acting Deputy Director Lucero stated they could always reopen the application, and program guidelines would still meet the criteria. Mayor Nagales asked whether the applicants understood that they could not use the funds for legal fees. Acting Deputy Director Lucero confirmed that they had communicated that through several different outreach methods to the businesses. Motion — Vice Mayor Nicolas /Second – Councilmember Coleman: To approve the Consent Calendar, by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice Mayor Nicolas, and Mayor Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. ADMINISTRATIVE BUSINESS 9. Report regarding Resolution No. 79-2022 approving a two-year professional services agreement with Flock Safety for the service and installation of twenty-eight automated license plate recognition cameras in the amount not to exceed $164,780 and authorizing the City Manager to execute the agreement. (Scott Campbell, Police Chief and Maryjo Nunez, Lead for America Fellow, City Manager's Office) Police Chief Campbell and Fellow Nunez presented the report and provided an overview of the services. Mayor Nagales advised Council did not want to share any information with the U.S. Immigration and Customs Enforcement (ICE), but the staff report mentioned that information could be shared with other cities. He inquired whether other cities followed the same policy of not sharing information with ICE. Police Chief Campbell advised there were two policies, one is at the State level and another is at the County level, where local law enforcement agencies would not, under any circumstances, cooperate with ICE unless it had to do with a violent felon or someone that was a danger to society. He added that they plan to only share information with other San Mateo County agencies to better control who has access to the data. Mayor Nagales requested additional information regarding the transparency portal of the system. Police Chief Campbell stated the transparency portal would show the locations of the cameras, how many vehicles drove through each of those locations, and how many hits were recorded. It would also have an audit feature that will show the number of times the database was searched for with the agency's identification number and the type of crime and case number for which they were searching the system. Vice Mayor Nicolas inquired whether staff reached out to other cities in the County that contracted with Flock Safety to provide pros and cons. Police Chief Campbell spoke with Police Chiefs from other cities in San Mateo County, and the majority already used Flock Safety, and they were happy REGULAR CITY COUNCIL MEETING MAY 25, 2022 MINUTES PAGE 5 with their service. Mayor Nagales queried whether cities that already used Flock Safety experienced reductions in crime since implementing the service. Police Chief Campbell confirmed some cities had seen some drastic reductions in all types of crime. Councilmember Flores shared he met with the Flock Safety Director of Sales and was able to really understand the product. He inquired whether the policy adopted in January would be incorporated into tonight's agreement with Flock Safety. City Attorney Woodruff confirmed that the agreement for the Council tonight contained the policy that the Council adopted in January. Motion Mayor Nagales /Second — Vice Mayor Nicolas: To approve Resolution No. 79-2022, by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice Mayor Nicolas, and Mayor Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. 10. Report regarding a resolution awarding a construction contract to CF Contracting, Inc. for the Grand Avenue and Airport Boulevard Streetscape Improvements Project (No. st1801, Bid No. 2657) in an amount not to exceed $3,188,285, authorizing a total construction contract authority budget of $3,825,942. (Jeffrey Chou, Associate Civil Engineer) Principal Engineer Ruble presented the report awarding a construction contract to CF Contracting, Inc. for the Grand Avenue and Airport Boulevard Streetscape Improvements Project. Mayor Nagales inquired about the rationale behind not making the bike lanes protected lanes. Principal Engineer Ruble advised the bike lanes matched the current bike lanes on Airport Boulevard with a goal to come back and do a more prominent Airport Boulevard separated bike lanes as identified in the Bike and Ped Master Plan. Mayor Nagales queried what the term "in good standing" meant in the staff report. Principal Engineer Ruble advised that when staff receives a bid from a contractor, staff checks that their license is intact and in good standing with the State. City Attorney Woodruff added that the City received a letter from the Foundation for Fair Contracting that included several allegations against CF Contracting, Inc. stating that they had failed to comply with various provisions of California Law related to labor practices. The contractor acknowledged that they had made an error and failed to pay wages but that it had since been corrected. The second allegation was that the contractor failed to pay apprenticeship fees, but their attorney explained that they participated in a different apprenticeship program that complied with the California Labor Code. The Third allegation was stated in a letter from the Department of Industrial Relations that said an investigation had been opened related to a payroll issue. The attorney for CF Contracting, Inc. stated that they had not received any notice of that investigation yet, so they did not have a complete answer. City Attorney Woodruff concluded that based on the information that is currently available, he did not believe that there was a factual foundation to conclude that there was a legal bar to awarding this contract to CF Contracting, Inc. They are licensed, and the Public Works staff has concluded that they can perform the work and that the issues that have been raised would not legally prohibit the Council from proceeding with the contract. Councilmember Addiego inquired how the City was certain that some of these allegations would not occur on this project and asked if there was something staff could do proactively to be certain that prevailing wages would be paid. Principal Engineer Ruble advised from a project management perspective that staff requires every month before they pay that monthly invoice, staff are required REGULAR CITY COUNCIL MEETING MAY 25, 2022 MINUTES PAGE 6 to receive the prevailing wage rates and certified payroll showing that they have been paid correctly. On top of that, staff surveys the workers and would pull them aside wh are on the field and ask them what they are being paid. Councilmember Flores suggested moving forward now, not in the future, with solidifying the protected bike lanes. He wants to ensure that as Caltrain riders get off with their bikes, they will be protected coming and going into the Caltrain Station. Councilmember Flores inquired about the current parking spots in front of Peet's Coffee and whether they would be eliminated or remain. Principal Engineer Ruble advised that the parking spots would remain. Councilmember Flores inquired whether there would be flashing lights for the crosswalks. Principal Engineer Ruble advised that those lights are not being proposed at this location as they are generally reserved for non -control crossings. Councilmember Flores was concerned the contractor did not notify the City of their accusations. He suggested postponing the project until the verdict was announced. He was not comfortable moving forward. City Attorney Woodruff advised that Council could defer action on the project's approval until the first meeting in June. Mayor Nagales and Councilmember Coleman felt more comfortable postponing the approval until the first meeting in June. Councilmember Addiego inquired how long the project would be delayed if Council rejected all bids. Principal Engineer Ruble advised that if Council rejected all bids, staff would have to re - advertise the project, and it would cause a four-month delay, if not more, due to losing the summer construction months. He added that with the current inflation rate, that could cost this project $200,0004400,000 for a project of this size and could still possibly end up with the same contractor. Councilmembers Flores and Coleman suggested a different option for the bike lanes as they felt the proposed design looked dangerous. Principal Engineer Ruble stated that the improvements were primarily to safely get people through the intersection. After discussion Council consensus was to bring the item for consideration at the June 8, 2022 meeting. Motion — Councilmember Flores /Second – Councilmember Addiego: To bring the item back for consideration at the June 8, 2022 meeting, by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice Mayor Nicolas, and Mayor Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS None. CLOSED SESSION Entered Closed Session: 9:01 p.m. 11. Conference with Labor Negotiators (Pursuant to Government Code Section 54957.6) REGULAR CITY COUNCIL MEETING MAY 25, 2022 MINUTES PAGE 7 Agency designated representatives: Mike Futrell, City Manager; Leah Lockhart, Director of Human Resources, Donna Williamson and Lisa Charbonneau, Liebert Cassidy Whitmore Employee organizations: AFSCME Local 829, IUOE Local 39, IAFF Local 1507, Police Association, Public Safety Managers, Teamsters Local 856 - Confidential, Teamsters Local 856 - Mid -management Unrepresented employees: Executive Management Resumed from Closed Session: 11:14 p.m. ADJOURNMENT Being no further business, Mayor Nagales adjourned the meeting at 10:28 p.m. in memory of Roberta Flores, Bernie Guerrero, and all the victims of gun violence at Uvalde, Texas, Buffalo, New York and Laguna Woods, California. Submitted by: Gabriel Rodrigue Deputy City Clerk Approved by the City Council: (o / g / zozz, Approved by: Mark Nagales Mayor REGULAR CITY COUNCIL MEETING MAY 25, 2022 MINUTES PAGE 8