Minutes - May 14, 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
Kerry E. Burns, Assistant City Manager
Rose L. Zimmerman, City Attorney
Maria E. Cortes, City Clerk
Proclamation for National Public Works Week
Mayor Gomez presented a proclamation proclaiming May 20-26, 2007 as National Public Works Week to Director of Public Works Peter Gleichenhaus. Mr. Gleichenhaus thanked the Council for the recognition.
COUNCIL COMMITTEE REPORTS:
There were no reports.
APPROVAL OF MINUTES:
It was moved by Councilmember Torres, seconded by Councilmember Christensen and carried with Councilmember Guingona abstaining to approve the minutes of March 26, 2007.
APPROVAL OF AGENDA:
It was moved by Councilmember Guingona, seconded by Councilmember Christensen and carried to approve the agenda.
Approving Plans and Specifications, Affirming CEQA Determination and Authorizing Solicitation of Bids for Street Slurry Seal 2007-08 and Southgate Avenue Bike Lanes
Authorizing the Erasure of the Police Department’s Public Safety Radio/Telephone Tape Recordings for January, February and March of 2006
Resolution No. 07-80, Authorizing Erasure by the Police Department of Routine Public Safety Radio/Telephone Tape Recordings for January, February and March of 2006
Authorizing Per Diem Police Officers Hourly Pay Range
Resolution No. 07-81, Amending Recurrent and Part-Time Hourly Rates Schedule
Accepting Notice of Completion for 271-92nd Street Parking Lot Accessibility Improvements
Resolution No. 07-82, Accepting Completion of Certain Project in the Department of Public Works - 271-92nd Street Parking Lot Accessibility Improvements
Authorizing the City Manager to Execute an Agreement with West Coast Wildlands to Utilize a Portion of the City of Daly City Greenhouse
Resolution No. 07-83, Approving and Authorizing Execution of Agreement Between the City of Daly City and West Coast Wildlands
Authorizing the City Manager to Execute an Amendment to the Agreement between Jefferson Elementary School District, City of Daly City, and the Town of Colma for the Joint Construction and Use of an Athletic Complex, Including the Gymnasium and Athletic Field, at T.R. Pollicita Schools and Gymnasium at Benjamin Intermediate School
Resolution No. 07-84, Approving and Authorizing Amendment to Agreement with the Jefferson Elementary School District and the Town of Colma Re: Joint Construction, Operation and Maintenance of New Facilities at T.R. Pollicita and Benjamin Franklin Intermediate Schools
Authorizing the City Manager to Execute Second Amendment to the Agreement between San Mateo County and the City of Daly City Re: Animal Control Services
Resolution No. 07-85 Approving and Authorizing the Second Amendment to the Agreement with the San Mateo County for Animal Control Services
Authorizing Donation of Used Ballistic Vests to the San Mateo County Sheriff’s Office for Use by Various Mexican Police Departments
Resolution No. 07-86, Authorizing Donation of Used Police Ballistic Vests to San Mateo County Sheriff’s Office for Use By Mexican Police Departments
Setting Time and Place of Public Hearing – re: Daly City Local NPDES Stormwater Regulatory Fee
Resolution No. 07-87, Setting Time and Place of Public Hearing Re: Maintaining Adopted Regulatory Fees Necessary to Fund Local Specific Program Activities Mandated Under the Stormwater Management Plan, and Requesting San Mateo County to Collect such Fees, Hearing 6/25/07 – 7:00 P.M.
Accepting and Appropriating Grant Funds from the County of San Mateo in the Amount of $65,340 and Authorizing the City Manager to Execute a Contract between the City of Daly City and the County of San Mateo Health Department to Provide a Community Health Worker for the Daly City Peninsula Partnership Collaborative “Our Second Home” Program
Resolution No. 07-88, Accepting and Appropriating Grant Funds from the County of San Mateo and Authorizing Execution of an Agreement to Provide a Community Health Worker for the Daly City Peninsula Partnership Collaborative “Our Second Home” Program
Amending Traffic Regulations
Resolution No. 07-89, Establishing Traffic Regulations
1. Designate 5-Foot Long No Parking Zone in the Middle of the Curb Length between the Driveways at 99 Escuela Drive
Authorizing Budgetary Adjustments
Resolution No. 07-90, Authorizing Budgetary Adjustments and Appropriations for Fiscal Year 2006-2007
A. Appropriation of Parks and Recreation’s Share of Butler Amusements Carnival Proceeds in the Amount of $2,500 to Various Parks Division Accounts
Check Registers for the Month of April 2007
END OF CONSENT AGENDA
It was moved by Councilmember Guingona, seconded by Councilmember Christensen and carried to approve and adopt the Consent Agenda.
Approving Conduit Financing for St. Andrew Community, a California Limited Partnership affiliated with Mercy Terrace LLC of San Francisco, CA
Housing and Community Development Supervisor Betsy ZoBell stated in May 2006 the City Council held a TEFRA hearing and adopted a resolution approving the financing by the California Municipal Finance Authority benefiting St. Andrew Community. Although they anticipated closing the financing last fall, Mercy Housing has experienced delays from HUD. The anticipated closing date for the bond issuance is now June 2007. Unfortunately under federal law, a TEFRA hearing is only valid for one year. Mercy Housing is requesting that the City Council hold another TEFRA hearing and adopt another resolution approving the financing.
Mercy Housing CA, owner of St. Andrew Community, is seeking to issue approximately $3,000,000 of new tax-exempt bonds to refinance and rehabilitate seven senior housing projects located in various cities. One of the senior housing projects is in Daly City and represents about $3.5 millions of the tax-exempt bonds.
To summarize, approving the bond issuance to refinance St. Andrew Community will enable Mercy Housing to reduce their annual interest payments, improve their cash flow position and undertake upgrades to the 50-unit senior housing property. The bond issuance creates no obligation for the City to repay the bonds, and does not create any requirement that the City monitor or enforce affordable housing requirements of the bond issuance. The refinancing will result in no changes to the number of affordable units at St. Andrew or the level of affordability offered.
In response to Councilmember Torres’ questions regarding what kind of rehabilitation will be done at St. Andrew Community and to the displacement of tenants while working on each unit, Ms. ZoBell stated there would be some interior cabinet replacement and painting. As to relocating tenants, they will probably use an empty unit as a hospitality unit and rotate people as needed.
Mayor Gomez opened the public hearing.
Mayor Gomez asked if anyone wished to speak on this item. There were no speakers.
It was moved by Councilmember Christensen, seconded by Councilmember Guingona and carried to close the public hearing.
It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried by unanimous roll call vote to adopt the following resolution:
Resolution No. 07-91, Approving the Issuance of Tax-Exempt Bonds by the California Municipal Finance Authority for a Senior Housing Project to Be Owned by a Limited Partnership or a Limited Liability Company in which Mercy Housing California or an Affiliate will Serve as a General Partner or Member
AWARD OF BIDS/CONTRACTS:
Street Resurfacing 2007-08
City Engineer Mohinder Sharma stated the City received five bids for the resurfacing of a portion of Hickey Boulevard, 92nd Street and Gateway Drive. Initially the project included reconstruction of Wessix Court, which has been damaged with excessive ground water. The resurfacing project will include some storm drain improvements in Wessix Court.
Staff recommends that the City Council accept all bids and award a construction contract to the lowest responsible bidder G. Bortolotto & Company of San Carlos in the amount of $682,907 for the Street Resurfacing 2007-2008 Project.
It was moved by Councilmember Guingona, seconded by Councilmember Torres and carried by unanimous roll call vote to adopt the following resolution:
Resolution No. 07-92, Authorizing Execution of Contract with G. Bortolotto & Co. (Street Resurfacing 2007-2008 Project)
Implementation of Senate Bill 53 – Describing the Eminent Domain Program as Required by the Community Redevelopment Law – A. Introduction of Ordinance Adopting a Program for the Use of Eminent Domain by the Daly City Redevelopment Agency – Pursuant to Senate Bill 53, Mission Street – Junipero Serra Boulevard, Commercial Business District Area and B. Introduction of Ordinance Adopting a Program for the Use of Eminent Domain by the Daly City Redevelopment Agency – Pursuant to Senate Bill 53, Bayshore Redevelopment Area
City Attorney Rose Zimmerman stated before the City Council are two ordinances for adoption. As required by State law, the proposed ordinances describe the use and limits of eminent domain in the two project areas, which are Mission Street/Junipero Serra Corridors and the Bayshore Project Area. The two ordinances recommended this evening describe the same limits in the existing Redevelopment Plans.
Any amendment to extend the period of eminent domain beyond the twelve years requires a lengthy process to amend the Redevelopment Plan. The Agency is required by State law to adopt the ordinances prior to July 1, 2007. In compliance to State law, Staff recommends the adoption of the two proposed ordinances.
In response to Councilmember Christensen’s question to make a motion to amend the proposed ordinances, Ms. Zimmerman stated that any change to the existing plan would require a plan amendment. The plan amendment would involve different noticing and processing. Councilmember Christensen handed a copy of the proposed amendments to the Council, a copy of which is on file in the Office of the City Clerk.
Councilmember Christensen motioned to add the underlined changes to the proposed ordinances in Section 1, second paragraph of both ordinances by adding: the Agency acquire non-residential real property by eminent domain throughout the Mission Street/Junipero Serra Corridor Area only for publicly owned projects and not for private, for-profit development; and that the Agency acquire non-residential real property by eminent domain throughout the Bayshore Redevelopment Area only for publicly owned projects and not for private, for-profit development. The motion failed due to the lack of a second.
Annette Hipona, President of the Original Daly City Protection Association, spoke in favor of ending eminent domain seizures for private for-profit developments and protecting our homes and businesses from seizure.
Mayor Gomez commented on scare tactics that are continuously being spread within the community about using eminent domain to take people’s homes or displace homeowners, it’s unwarranted. In response, Councilmember Christensen stated that the Mayor was recently quoted in the newspaper saying that eminent domain is a tool that we need in our toolbox. We have heard that we are not going to use eminent domain, but we need it in the toolbox for a long time. It is not a scare tactic, it is a reality. We are not telling people that their homes will be taken. It is that the City has the power to take their homes. If the City wants to reassure people that their businesses and homes are safe, we need to remove this tool from the toolbox.
It was moved by Councilmember Guingona, seconded by Councilmember Klatt and carried with Councilmember Christensen voting “No” that Ordinance No. 1331 be read by title only by the City Attorney.
Councilmember Torres introduced the following ordinance:
Ordinance No. 1331, Adopting a Program for the Use of Eminent Domain by the Daly City Redevelopment Agency – Pursuant to Senate Bill 53, Mission Street – Junipero Serra Boulevard, Commercial Business District Area
It was moved by Councilmember Klatt, seconded by Councilmember Torres and carried with Councilmember Christensen voting “No” that Ordinance No. 1332 be read by title only by the City Attorney.
Councilmember Torres introduced the following ordinance:
Ordinance No. 1332, Adopting a Program for the Use of Eminent Domain by the Daly City Redevelopment Agency – Pursuant to Senate Bill 53, Bayshore Redevelopment Area
PUBLIC APPEARANCES/ORAL COMMUNICATIONS:
David Jay, representing the Broadmoor Property Owners Association, Broadmoor Village, expressed concern regarding the City’s request to re-zone the City-owned lot located at 836 Wildwood Avenue. He asked that the Council take into consideration the residents and find an appropriate use for this residential neighborhood.
City Manager Patricia Martel informed Mr. Jay that the City has not requested a zone change from the County and that the City’s present plan is to remove the structure only. The City will be discussing potential uses of the site and will inform the neighbors and representatives of the property owners association.
Dana Smith, representing Neighbors for Responsible Redevelopment, was concerned with the use of eminent domain for private for-profit development. She was in favor of ending the use of eminent domain.
Sylvia Alvarez-Lynch, Neighbors for Responsible Redevelopment stated she did not hear the two minute limit on any of the previous speakers. Ms. Alvarez-Lynch thanked Councilmember Christensen for voting to protect the property owners from greedy developers. She expressed her disappointment with the remaining Councilmembers for voting to continue to protect developers by keeping eminent domain. Several times Ms. Alvarez-Lynch noted the podium’s microphone being turned off.
Marian Mann apologized for the disrespect that the Council has received this evening. Ms. Mann expressed her concern regarding the loss of the hotel in Daly City.
Mayor Gomez asked for order in the Council Chambers.
Ray Satorre was in support of the hotel in Daly City and expressed disappointment on the loss of the hotel project. He was also disappointed with the remarks made by the individuals speaking against the use of eminent domain.
Annette Hipona stated that the Original Daly City Protective Association (ODCPA) does not agree with seven-story hotels blocking the views of people on Niantic Avenue. ODCPA is in favor of a hotel that provides a living wage and union jobs.
Board/Commission Membership-Committee Appointments
Library Board of Trustees
Councilmember Klatt announced that Kathleen Paulsen submitted her resignation from the Library Board.
It was moved by Councilmember Klatt, seconded by Councilmember Guingona and carried to reappoint Susan Brissenden-Smith to the Library Board of Trustees with term expiring May 14, 2010.
It was moved by Councilmember Guingona, seconded by Councilmember Klatt and carried to appoint Perla Ibarrientos to the Personnel Board with term expiring May 14, 2013. Ms. Ibarrientos thanked the Council.
It was moved by Councilmember Klatt, seconded by Councilmember Guingona and carried to reappoint Thomas Nuris to the Personnel Board with term expiring May 14, 2013.
The Council Committees reported on the following:
Residential Zoning Revisions (Christensen/Torres)
John Daly History Museum Committee Re: Review of the Revised License Agreement (Torres/Klatt/Zimmerman)
Redesign Review: 136 – 138 Station Avenue, Two Single Family Homes (Gomez/Klatt)
Conceptual Review CR07-3 – 2001 Junipero Serra Boulevard, Pacific Plaza Parking Garage Security (Gomez/Klatt)
Councilmember Torres commended Councilmember Christensen on the changes that she introduced to refine eminent domain. However, I do not believe we would ever use eminent domain as a tool. It was the noticing that killed the motion for me, not an attempt to not allow a change.
Councilmember Torres was not convinced that the battle to end eminent domain needs to be waged in Daly City, but rather in Sacramento.
Councilmember Christensen stated that she met with the Skyline Palisades Residents Association and people were concerned about the potential accidents and dangers in the Skyline area. Councilmember Christensen announced that people need to turn on their lights, slow down and drive carefully in the Skyline area because of the dense fog. Councilmember Guingona added that people should not use their bright lights.
City Manager Patricia Martel gave an update on the issue raised by a representative of the Skyline Palisades Residents Association regarding the Belcrest Lift Station. The concrete pad has been poured where the new generator will be located and the fence will be completed this week. The entire project should be completed within the next couple of weeks. We are looking at how to make the red zone smaller so we can provide four additional parking spaces in the area.
Ms. Martel reported on a meeting she attended with Patrick Sweetland between the Public Utilities Commission and the Bay Area Water Supply and Conservation Agency. A presentation on the potential water shortage that we are facing was discussed.
Director of Water and Wastewater Resources Patrick Sweetland gave a PowerPoint presentation outlining the City’s Water Conservation Program, “Flex Your Flow”.
It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried to adjourn the meeting at 8:35 P.M. in memory of Netty Alegria, William Chapman and Louis Papan.
MARIA E. CORTES
Approved as submitted, this 10th
day of September , 2007.
MAGGIE A. GOMEZ