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Minutes - February 26, 2007

CITY OF DALY CITY

MINUTES – REGULAR MEETING - CITY COUNCIL

FEBRUARY 26, 2007

 

            The meeting was called to order by Mayor Gomez at 7:00 P.M.

 

ROLL CALL:     Councilmembers Present:

 

                           Maggie Gomez, Mayor

                           Judith A. Christensen

                           Michael P. Guingona

                           Carol L. Klatt

 

                           Councilmembers Absent:

 

                           Sal Torres

 

                           Staff Present:

 

                           Patricia E. Martel, City Manager

                           Kerry E. Burns, Assistant City Manager

                           Rose L. Zimmerman, City Attorney

                           Maria E. Cortes, City Clerk

 

COUNCIL COMMITTEE REPORTS:

 

            There were no reports.

 

APPROVAL OF MINUTES:

 

Regular Meeting of January 22, 2007

 

            It was moved by Councilmember Guingona, seconded by Councilmember Klatt and carried to approve the minutes of January 22, 2007.

 

APPROVAL OF AGENDA:

 

            It was moved by Councilmember Christensen, seconded by Councilmember Guingona and carried to approve the agenda.

 

CONSENT AGENDA

 

            Mayor Gomez stated it was requested that Item No. 5, Authorizing Use of Asset Forfeiture Funds for Purchase of Patrol Rifles and Item No. 6, Authorizing Use of Asset Forfeiture Funds for Purchase of Portable Radio Batteries, would be taken at the end of the Consent Agenda.

 

COMMUNICATIONS:

 

Approving Plans and Specifications, Affirming CEQA Determination and Authorizing Solicitation of Bids for Traffic Signal Painting 2007                                                                                                                  

 

Approving Plans and Specifications, and Authorizing Solicitation of Bids to Purchase a New Standby Generator for Reservoir 5                                                                                                                                      

 

RESOLUTIONS:

 

Authorizing Execution of a Professional Services Agreement with MuniServices for Utility Users Tax Compliance and Revenue Protection Program                                                                                    

 

            Resolution No. 07-32, Approving and Authorizing Execution of Professional Services Agreement with MuniServices

 

Authorizing Reclassification of Hourly Pay Rate for Financial Administrator-Grants

 

            Resolution No. 07-33, Amending Recurrent and Part-Time Hourly Rates Schedule

 

Adopting Proposed Revisions to Librarian I Duty Statement

 

            Resolution No. 07-34, Adopting the Revised Duty Statement for the Position of Librarian I

 

Adopting Proposed Revisions to all Civil Service Duty Statements

 

            Resolution No. 07-35, Adopting Revisions to all Civil Service Duty Statements

 

Amending Traffic Regulations

 

            Resolution No. 07-36, Establishing Traffic Regulations

 

            1.      Designate 19-Foot Long No Parking Zone along the East Curb of Hillside Boulevard, South of the Curb Return of Thiers Street

            2.      Remove 14-Foot Long No Parking Zone along the East Curb of Junipero Serra Boulevard, Approximately 22’ north of the 89th Street Crosswalk

 

Authorizing Budgetary Adjustments

 

            Resolution No. 07-37, Authorizing Budgetary Adjustments and Appropriations for Fiscal Year 2006-2007

 

            A.     Appropriation of Overtime Reimbursement in the Amount of $4,529 to the Police Department Budget

 

END OF CONSENT AGENDA

 

            It was moved by Councilmember Guingona, seconded by Councilmember Christensen and carried to approve and adopt the Consent Agenda, as amended.

 

RESOLUTIONS:

 

Authorizing Use of Asset Forfeiture Funds for Purchase of Patrol Rifles

 

            Councilmember Klatt commended Police Chief Gary McLane in getting this grant to purchase patrol rifles.  Councilmember Klatt stated the cost for the rifles is $27,320.74.  These funds will be taken from Federal and State Asset Forfeiture Funds.

 

            It was moved by Councilmember Klatt, seconded by Councilmember Guingona and carried by unanimous roll call vote to adopt the following resolution:

 

            Resolution No. 07-38, Authorizing Use of Federal and State Asset Forfeiture Funds for Purchase of Patrol Rifles

 

Authorizing Use of Asset Forfeiture Funds for Purchase of Portable Radio Batteries

 

            Councilmember Klatt commended Police Chief Gary McLane in getting this grant to purchase the portable radio batteries.  Councilmember Klatt stated the cost for the batteries is $2,435.63.  These funds will be taken from Federal and State Asset Forfeiture Funds.

 

            It was moved by Councilmember Klatt, seconded by Councilmember Guingona and carried by unanimous roll call vote to adopt the following resolution:

 

            Resolution No. 07-39, Authorizing Use of Federal and State Asset Forfeiture Funds for Purchase of Portable Radio Batteries

 

PUBLIC HEARINGS:

 

Prohibiting the Excessive Acceleration of Vehicles

 

            Police Lieutenant Louie Pezzola recommended that the City Council adopt an ordinance prohibiting the excessive acceleration of vehicle.  He stated that cities throughout the country have adopted ordinances prohibiting the excessive acceleration of vehicles and have found them useful in controlling cruising and illegal street racing.

 

            While the Vehicle Code already prohibits the exhibition of speed, the definition and application of this section is vague.  It is believed a local ordinance of this type will be more useful and enforceable.  Its application is broader and the violation would be treated as an infraction rather than a misdemeanor.

 

            The visual media’s exploitation of street racing and its associated culture has required additional law enforcement efforts to maintain safe roadways and prohibit potentially dangerous acts by drivers ignoring the deadly circumstances resulting from this illegal activity.

 

            Discussion ensued with Lt. Pezzola answering Council’s questions regarding the number of incidents in Daly City involving excessive speeding.

 

            Mayor Gomez opened the public hearing.

 

            Paul Petterson, 1465 South Mayfair Avenue, was in support of the ordinance.  Mr. Peterson is concerned about boom speakers that are so loud they vibrate the house.  He asked that boom speakers be included in the ordinance.

 

            It was moved by Councilmember Klatt, seconded by Councilmember Guingona and carried to close the public hearing.

 

            It was moved by Councilmember Guingona, seconded by Councilmember Christensen and carried that Ordinance No. 1330 be read by title only by the City Attorney.

 

            Councilmember Guingona introduced the following ordinance:

 

            Ordinance No. 1330, Amending Chapter 10.44, Title 10 of the Daly City Municipal Code by Addition of Section 10.44.08 Establishing that Excessive Acceleration of Motor Vehicles Causing Audible Noise or Skidding is an Infraction

 

COMMUNICATIONS:

 

CEQA Determination for a Ground Lease Agreement between the City of Daly City and the 1A District Agricultural Association for a 12.97 Acre Portion of the Cow Palace Property for Commercial Development  

 

            Senior Planner Tatum Mothershead gave a review and a PowerPoint presentation on this matter.  She stated that tonight the City Council is just reviewing the environmental impacts that are associated with signing the lease, not any particular development that would result from it.  Staff is recommending that the City Council make the findings that the project would not have a significant impact on the environment and grant a negative declaration.  Any future development at this site would require further environmental review.  It is anticipated that an EIR would be required for the level of development that is included in the Cow Palace Master Plan.

 

            In June 1999, the City Council approved the Bayshore Redevelopment Plan and the key component to that Redevelopment strategy is to bring in neighborhood serving commercial uses to the area.  A Cow Palace Master Plan was prepared for the 37-acre site.  The Redevelopment Agency, the Cow Palace, and the Syufy family are the three separate owners for the 37-acre area.  Parcel A is owned by the Cow Palace and is the subject for the lease agreement, and Parcel B is the old drive-in movie theater site and is owned by the Syufy family.  Finally the southernmost parcel is owned by the Redevelopment Agency.

 

            Discussion ensued with staff answering Council’s questions regarding the number of years of the lease and whether there were any toxins in the ground.

 

            It was moved by Councilmember Christensen, seconded by Councilmember Guingona and carried by unanimous roll call vote to adopt the following resolution:

 

            Resolution No. 07-40, Adopting CEQA Determination for the Development Ground Lease with the Cow Palace (Re: 12.97 Acre Portion of the Cow Palace Property for Commercial Development)

 

PUBLIC APPEARANCES/ORAL COMMUNICATIONS:

 

            Paul Petterson, 1465 South Mayfair Avenue, was concerned with pedestrian safety on South Mayfair between Westmoor and Ocean Grove and vehicles rolling through the intersection at Southgate and Westmoor Avenues.  He asked for pedestrian warning signs be installed.  He also was concerned about people cementing their front lawn to park their vehicles.

 

            Annette Hipona, representing Original Daly City Protection Association, 448 Woodrow Street, invited residents to attend the Third Annual Community Meeting regarding the Crown Plaza Hotel on John Daly and Junipero Serra Boulevard this Wednesday, February 28th at Woodrow Wilson School at 6:30 P.M.  She stated the height of the building and the roof extending over the fences of homes on Niantic Avenue were the concerns discussed at the previous workshops.  She expressed concern about not using union labor to build the project or union staff after the hotel is built.

 

APPOINTMENTS:

 

Board/Commission Membership-Committee Appointments

 

            There were no appointments.

 

REPORTS:

 

Council Committee

 

            The following reports were continued to a later meeting:

 

            Boys & Girls Club Board Committee Meting (Guingona/Klatt)

            John Daly History Museum Committee Meeting Regarding Charges Proposed by the Guild to the License Agreement (Klatt)

 

City Council

 

            Councilmember Christensen reported on the San Mateo County Congestion Management and Environmental Quality Committee meeting, where representatives from twenty cities and the County met together to improve our environmental quality and to reduce traffic congestion.  A subcommittee of that group is in the process of developing an energy strategy for San Mateo County for the next twenty years.

 

            Councilmember Christensen suggested that we make a list of agenda items that  we really need to talk about at the next meeting so when there are not enough items for a study session, they can take an item from the list and add it to the agenda.

 

            Councilmember Guingona stated my son and I met two-time Olympic Judo Bronze Medalist, Jimmy Pedro, from New Jersey.  Jimmy won the bronze medal in Barcelona and in Athens.

 

            Mayor Gomez welcomed the students from Westmoor High School, Daly City and Mercy Burlingame.  Mayor Gomez asked people to stop dumping the election signs in the City’s parking lot.

 

            Councilmember Klatt stated someone is putting up elections signs on some fences.  She asked that if you put them up, please take them down.

 

Staff

 

            There were no reports.

 

ADJOURNMENT:

 

            It was moved by Councilmember Klatt, seconded by Councilmember Guingona and carried to adjourn the meeting at 7:44 P.M. in memory of Mary Louise Ferrari, Ben Vanni, Elizabeth “Bunny” Krauss and Richard Sanzeri.

 

                                                                                                           MARIA E. CORTES                

                                                                                                                    City Clerk

 

Approved as submitted this          26th     

 

day of               March                 , 2007.

 

 

               MAGGIE A. GOMEZ            

                        Mayor