Minutes - January 8, 2007
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
JANUARY 8, 2007
The meeting was called to order by Mayor Gomez at 7:00 P.M.
ROLL CALL: Councilmembers Present:
Maggie A. Gomez, Mayor
Judith A. Christensen
Michael P. Guingona
Carol L. Klatt
Patricia E. Martel, City Manager
Donald McVey, Acting Assistant City Manager
Rose L. Zimmerman, City Attorney
Maria E. Cortes, City Clerk
7th Annual Daly City Holiday Decoration Contest
Marian Mann, 125 Coronado Avenue, #201, reported on the 7th Annual Daly City Holiday Decoration Contest, sponsored by Serra Bowl. Ms. Mann introduced Susan Salamy, Co-Chair of the Decorating Committee and Mike Leon from Serra Bowl.
Mayor Gomez presented plaques to the winners and representatives from each Homeowners Association of the 7th Annual Daly City Holiday Decoration Contest. A list of the winners is on file in the Office of the City Clerk.
COUNCIL COMMITTEE REPORTS:
There were no reports.
APPROVAL OF MINUTES:
Regular Meetings of November 13 and November 27, 2006 and Special Meeting of December 5, 2006
It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried to approve the minutes of November 13, November 27, 2006 and December 5, 2006.
APPROVAL OF AGENDA:
It was moved by Councilmember Guingona, seconded by Councilmember Torres and carried to approve the agenda.
Mayor Gomez stated it was requested that Item No. 5, Transfer of Cable TV Franchise Agreement and Master Encroachment Permit from RCN Telecom Services Inc. to Astound Broadband LLC, would be taken at the end of the Consent Agenda.
Resolution in Support of Full Funding of the Public Library Foundation
Resolution No. 07-1, Resolution of the City Council of the City of Daly City in Support of Full Funding of the Public Library Foundation (PLF)
Approving the Revised Salary Schedules for Recurrent and Part-Time Hourly Rates
Resolution No. 07-2, Adopting Recurrent and Part-Time Hourly Rates Schedule (January 1, 2007 – January 1, 2008)
Approving Proposed Assignment of Community Emergency Planning and Disaster Preparedness Coordinator Classification to Salary Range 105A
Resolution No. 07-3, Amending the Bi-Weekly Salary Schedule for Miscellaneous/Unrepresented Employees Re: Community Emergency Planning and Disaster Preparedness Coordinator
Approving Amendment to the California Department of Transportation Disadvantaged Business Enterprise (DBE) Implementation Agreement
Resolution No. 07-4, Authorizing Execution of First Amendment to the California Department of Transportation’s Disadvantaged Business Enterprise Implementation Agreement
END OF CONSENT AGENDA
It was moved by Councilmember Klatt, seconded by Councilmember Guingona and carried to approve and adopt the Consent Agenda, as amended.
Transfer of Cable TV Franchise Agreement and Master Encroachment Permit from RCN Telecom Services Inc. to Astound Broadband LLC
Assistant to the City Manager Joseph Curran gave a report on the transfer of Cable Television Franchise Agreement and Master Encroachment Permit from RCN Telecom Services Inc. to Astound Broadband LLC.
Mr. Curran recommended that the City Council adopt a resolution approving the transfer of an existing Cable Television Franchise Agreement and Master Encroachment Permit from RCN Telecom Services Inc. to Astound Broadband LLC. He also recommended that the City Council authorize the City Manager to enter into a Change of Ownership Consent Agreement with Astound Broadband, LLC.
It was moved by Councilmember Guingona, seconded by Councilmember Klatt and carried by unanimous roll call vote to adopt the following resolution:
Resolution No. 07-5, Establishing Conditions for the Approval of a Transfer of the Cable Television Franchise and the Encroachment Agreement from RCN Telecom Services, Inc. to Astound Broadband, LLC.
Councilmember Klatt announced that on Saturday, January 13, 2007, between 12:00 p.m. to 4:00 p.m. at Daly City, City Hall there will be a free screening for bone marrow transplant donors for two-year old Harrison Leonardo, who is fighting leukemia.
Precise Plan for Planned Development, Zone Change, Use Permit and Environmental Assessment to Allow Construction of a 208-Unit Mixed-Use Project with Senior Apartments and 14,000 Square Foot Retail Drugstore and 1,400 Square Foot Retail Pad located at 165 Pierce Street (Southwest Corner of Pierce Street and Sullivan Avenue)
Mayor Gomez abstained from voting on this item.
Senior Planner Tatum Mothershead gave a PowerPoint presentation on the project site and reviewed the applicant’s proposal to construct a 208-unit senior apartment complex, 14,000 square foot Walgreens drugstore, and 1,400 square foot retail pad at 165 Pierce Street located at the southwest corner of Pierce Street and Sullivan Avenue. The applicant is proposing that the apartments be age-restricted and fifteen percent of the total residential units be deed restricted “Affordable Rental Units”.
John Haffner, Vice-President of Development for American Senior Living, and Allan Wong, Senior Traffic Engineer, with Downey Associates spoke in favor of the development, and gave a presentation on the project.
Discussion ensued with Mr. Haffner and City Staff answering Council’s concerns. Issues of concerns were the ethnic orientation of Walgreens, the eligibility process, emergency vehicles in the drop-off section while other vehicles are parked there, the services for disabled seniors, exterior accents on the building and the enforcement of the parking limits.
Councilmember Christensen suggested increasing the parking limit to give ample time to the shoppers.
Mayor Gomez opened the public hearing.
The following individuals spoke in favor of the project:
Michael Joseph, Walgreens Store Manager at Westlake Center
Bill Nack, Building and Construction Trades Council of San Mateo County
Marian Mann, 125 Coronado Avenue
Annette Hipona, representing Original Daly City Protection Association, 448 Woodrow Street
Richard Rocchetta, representing Hillside Homeowners Association, 1263 Hillside Boulevard, was concerned with the effect the new Walgreens would have on the Walgreens at San Pedro Road.
It was moved by Councilmember Torres, seconded by Councilmember Christensen and carried with Mayor Gomez “Abstaining” to close the public hearing.
It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried with Mayor Gomez “Abstaining” that this project will not have a detrimental effect on the environment and instructed that a Mitigated Negative Declaration be filed.
It was moved by Councilmember Christensen, seconded by Councilmember Guingona and carried with Mayor Gomez “Abstaining” to adopt the following resolution:
Resolution No. 07-6, Adopting Mitigated Negative Declaration, and Adopting Findings of Fact Following Planning Commission Recommendation Re: Precise Plan for Planned Development (PD-65) Zone Change (ZC06-1) and Use Permit (UP06-11) (Sullivan Pierce Senior Apartments and Retail Center, Daly City, California)
It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried with Mayor Gomez “Abstaining” that Ordinance No. 1329 be read by title only by the City Attorney.
Councilmember Klatt introduced the following ordinance:
Ordinance No. 1329, Amending the Daly City Zoning Map – Rezoning Certain Parcels to Planned Development (PD-65) and Adopting Planned Development Standards – Sullivan Pierce Senior Apartments and Retail Center, Daly City, California
Mayor Gomez introduced Brian Perkins, Aid to Supervisor Adrienne Tissier, San Mateo County Board of Supervisors.
Authorizing Extension of Use Permit UP04-11 for a New Mixed-Use Building at 6031 and 6041 Mission Street (Cont’d. from 12/11/06)
Senior Planner Tatum Mothershead gave a brief review on this item and explained that the property owner did attempt to have the vehicles towed, but the tenant placed a padlock on the gate to prevent the towing from occurring. The property owner has begun legal action so he can get on the site to remove those vehicles.
City Attorney Rose Zimmerman reviewed a letter she received via facsimile and commented on a phone conversation she had with the attorney who filed the eviction.
Ms. Mothershead recommended that the Council consider extending the use permit for six months to one year to allow the project to move forward. Ms. Mothershead suggested that a time frame be established within this period, to obtain building permits.
Discussion ensued with Councilmember Christensen suggesting that the use permit be extended for nine-months and Councilmember Klatt suggesting extending the use permit for six months.
John Britton, W. J. Britton & Company, Inc., applicant, was present to answer Council’s questions.
Councilmember Guingona made a motion to grant the extension for nine-months with the caveat that building permits be issued within that time period.
It was moved by Councilmember Guingona, seconded by Councilmember Torres and carried by unanimous roll call vote to adopt the following resolution:
Resolution No. 07-7, Approving Extension of Use Permit UP04-11 for Mixed Use Project at 6031 and 6041 Mission Street
AWARD/REJECTION OF BIDS/CONTRACTS:
Carter Street Storm Drain at Saddleback Drive
Director of Public Works Peter Gleichenhaus recommended that the City Council approve the design documents, affirm the CEQA determination of a categorical exemption, accept all bids, waive minor irregularities, and award a construction contract for the Carter Street Storm Drain at Saddleback Drive to Uniacke Construction, Inc. of San Francisco for the total bid amount of $39,490.
It was moved by Councilmember Christensen, seconded by Councilmember Guingona and carried by unanimous roll call vote to adopt the following resolution:
Resolution No. 07-8, Authorizing Execution of Contract with Uniacke Construction, Inc. (Carter Street Storm Drain at Saddleback Drive)
PUBLIC APPEARANCES/ORAL COMMUNICATIONS:
Vaughn Jones, 261 Palisades Drive, President of Skyline Palisades Residents Association, asked for assistance in solving an on-going problem with a City owned generator that is blocking public access to the sidewalk on Belcrest, just below Skyline. Since the School Board will be installing a new fence this school year, he suggested that the City work with the School Board to pour a concrete platform on FDR’s back hillside and allow a setback in the new fence so the generator can be moved off the sidewalk.
City Manager Patricia Martel stated that the Director of Water and Wastewater Resources Patrick Sweetland and I are looking into this issue. If the School District is willing to work with us and provide a concrete platform off the sidewalk, we could work with them to try to resolve this issue. This generator provides backup power for our sewage system to insure that we do not have any sewage back ups in this area.
Board/Commission Membership-Committee Appointments
There were no appointments.
The Council Committees reported on the following:
Crown Plaza Hotel (Gomez/Klatt)
John Daly History Museum Pre-Meeting and John Daly History Museum (Torres/Klatt)
Retiree Health Insurance Pre-Meeting and Retiree Health Insurance (Torres/Klatt)
Use Permit (UP06-13) 6634 Mission Street Request for additional parking waiver mixed use building (Guingona/Klatt)
Design Review Permit DR06-5, 1624 Annie Street – Three New Duplexes (Guingona/Klatt)
Five-Year Implementation Plan for the Mission Street/Junipero Serra Boulevard Commercial Business District Redevelopment Project (Guingona/Klatt)
Design Review Permit DR06-21, 255 San Pedro Road – City Toyota Sign Package (Gomez/Klatt)
Westlake Shopping Center – Building P Modifications to approve exterior elevation (Gomez/Torres)
Councilmember Klatt reminded everyone that on Saturday, January 13, 2007, between 12:00 p.m. to 4:00 p.m. at Daly City, City Hall there will be a free screening for bone marrow transplant donors for Harrison Leonardo.
City Manager Patricia Martel announced that there will be a City Council Study Session and Special Meeting, Closed Session on Wednesday, January 10, 2007 from 5:30 p.m. to 7:30 p.m.
It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried to adjourn the meeting at 9:00 P.M. in memory of Joe Giusto, Bryan Tuvera and Maria del Refugio Barajas.
MARIA E. CORTES
Approved as submitted, this 12th
day of February , 2007.
MAGGIE A. GOMEZ