South San Francisco City Council Regular Meeting - April 13, 2022

The City Council of South San Francisco met on Wednesday, April 13, 2022, at 6:00 PM in a hybrid in-person/virtual format. The meeting featured presentations on staff achievements, a public comment period dominated by concerns over ADA lawsuits and labor negotiations, the unanimous approval of a $500,000 grant program for businesses facing ADA-related compliance, and authorization of a major pavement rehabilitation contract.

Presentations

• Janice Chapman – Laboratory Person of the Year: The Council proudly recognized Janice Chapman, Senior Chemist, for receiving the 2021 Laboratory Person of the Year Award from the California Water Environment Association (CWEA) San Francisco Bay Section. Superintendent Brian Schumacher highlighted Chapman’s 19-year career, her mentoring of chemists, and her role as a founding member of the division sunshine committee. Chapman expressed appreciation, saying "South City is a great place to work."
• Water Quality Control Plant – Medium-Size Plant of the Year: The Council also recognized the South San Francisco-San Bruno Water Quality Control Plant (WQCP) for receiving the 2021 Medium-Size Plant of the Year Award from CWEA San Francisco Bay Section. Superintendent Schumacher noted the plant has over 40 certified professionals across five programs and has served the community since 1951; this is the second time the plant has received this honor. Councilmembers applauded the team’s dedication.

Consent Calendar

• Minutes: Approved minutes for the meetings of March 9, 2022 and March 16, 2022.
• Linden Ave Phase 2 & Spruce Ave Traffic Calming Project: Accepted construction improvements for Project st1602.
• Economic Advancement Center Agreements: Approved first amendments to professional services agreements with JobTrain and Renaissance Entrepreneurship Center, accepting and appropriating funding from a Congressional Federal Earmark and Genentech (Resolution 5a).
• Summer Enrichment Grant: Accepted $18,267 in grant funding from San Mateo County Summer 2022 Enrichment Grant Program for the Community Learning Center’s Summer Program, with Budget Amendment 22.057 (Resolution 6a).
• Extended Learning Summer Program: Approved the extended learning summer program for students in SSFUSD’s Big Lift Summer School at Spruce Elementary, with Budget Amendment 22.058 (Resolution 7a).
• Disposable Food Service Ware Ordinance: Adopted Ordinance amending Title 8, Chapter 8.72 regulating disposable food service ware (first reading).

All consent items were approved unanimously by roll call (5-0).

Public Comments & Testimony

• ADA Lawsuits: Multiple business owners and family members voiced strong concerns about a wave of ADA lawsuits filed by a San Diego law firm (Potter Handy) against small businesses, describing them as "vexatious litigants" and "extortion." Speakers included Kway Colombo (Colombo Liquors), Victoria Gavidia (Grand Avenue business owner, sued twice), Ruth Chavaria (Chavarrias Market), Monica Sanchez (Carniceria Tepa), Kenneth (Sky Cafe), and Eric Gavidia (representing grandmother’s property at 223 Grand Avenue). They requested city support, grandfathering for older buildings, and legal advocacy. Several noted that some businesses are compliant but still sued, and costs (e.g., $25,000 for a bathroom upgrade) are forcing closures.
• Labor Negotiations (AFSCME): Dozens of AFSCME Local 829 members and representatives spoke during public comment about ongoing negotiations for ARPA premium pay and cost-of-living adjustments. They argued that the city manager’s proposal of $2,400 per employee is insufficient (compared to $5,500 in Daly City) and that the 2% annual raise is below inflation (5.2%). Speakers included Josue Gonzalez, Alan Patrick, Tristan Kent, Ben Valdez, Brian Brunelli, Mike Kilmartin, Rod Palmquist (Business Agent), Matt Maggiolo, Christian Morales, Rebecca Hernandez Rosilla, Nate Pizzani, Stacey Lean, Ronald Montan, and others. They urged the Council to instruct the City Manager to come to the table with full authority and include part-time workers.
• Other Infrastructure Concerns: Tom Carney raised concerns about deteriorating streets and potholes, particularly on the east side (e.g., Airport Blvd and Lower Linden), and urged proper treatment of city employees during negotiations.

Discussion Items

• Item 10 – Citywide Facade and Tenant Improvement Grant Program: Ernesto Lucero (Acting Deputy Director, Economic & Community Development) presented a resolution to create an updated citywide grant program with $500,000 from General Fund infrastructure reserves. The program would offer up to $25,000 per eligible business for ADA accessibility improvements, tenant improvements, and facade upgrades. Priority would be given to ADA-related applications/reactivity. Applications open April 20, 2022, for 3.5 weeks, with a lottery if oversubscribed. Discussion included clarifying eligibility (businesses with ≤5 employees or ≥3 low-income employees), retroactive expenses within 12 months, and a possible second round of funding. The City Attorney noted legal constraints preventing targeting only sued businesses; funds must serve a public purpose. A motion to approve the program passed unanimously (5-0).
• Item 9 – 2022 West Pavement Rehabilitation Project: Matt (representing Senior Engineer Angel Torres) presented the project, which will rehabilitate streets west of 101, divided into two phases. The project includes curb ramp reconstruction for ADA compliance, new asphalt, and restriping with enhanced bike facilities (e.g., buffered bike lanes on Junipero Serra). The contract with CSG Consultants, Inc. for construction management and inspection services is not to exceed $804,920, with a total budget of $924,920. Discussion covered outreach efforts (mailers, social media, potentially paid geo-targeted ads), scheduling to minimize impacts, and the city’s pavement condition index rising from 70 to 85. A motion to approve the resolution passed unanimously (5-0).

Key Outcomes

• Unanimous approval of the consent calendar (5-0).
• Unanimous approval of the $500,000 Facade and Tenant Improvement Grant Program resolution (5-0). Staff will open the application portal by April 20, 2022, and report back after the application period.
• Unanimous approval of the resolution authorizing the City Manager to execute the contract with CSG Consultants for the 2022 West Pavement Rehabilitation Project (5-0).
• Closed Session: The Council held a closed session under Government Code Section 54957.6 for labor negotiations with all employee organizations, under Section 54956.9(d)(4) for anticipated litigation (one potential case), and for a performance evaluation of the City Manager. No reportable action was taken.

Other Notes

• Council comments included recognition of the Caltrain station ribbon-cutting, Easter egg hunt, and park cleanup events.
• Councilmember Addiego requested the meeting be adjourned in memory of Sam Masoonik, a local banking leader; Councilmember Coleman requested adjournment in memory of Richard Brown, a lifelong resident.
• Councilmember Flores requested future outreach events in Old Town with Spanish-language materials for the new aquatic center design.
• The City Attorney noted that the District Attorneys of San Francisco and Los Angeles have filed a lawsuit against the law firm responsible for many ADA lawsuits, which may provide some relief to businesses.