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Minutes - June 11, 2009

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

 

PLEDGE TO THE FLAG:

 

            U.S. Army Staff Sgt. Kunta McGoley led the Pledge of Allegiance.

 

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

 

PRESENTATIONS:

 

Proclamation for U.S. Army Week

 

            Mayor Gomez presented a proclamation proclaiming the week of June 11-17, 2007, as United States Army Week to Staff Sgt. Kunta McGoley, Sgt. Josean Cabrera, Sgt. Deborah Stafford, Staff Sgt. Joseph Palacios and Sgt. Alan Wen.  Staff Sgt. Kunta McGoley thanked the Council.

 

Proclamation for Marie Loretta Day

 

            Mayor Gomez presented a proclamation proclaiming May 30th as Marie Loretta Day to Marie Loretta in celebration of her 90th Birthday.  Mrs. Loretta thanked the Council.

 

North Peninsula Dining Center & Project Sentinel (CDBG Subgrantees)

 

            City Manager Patricia Martel introduced the first of a series of presentations that the Sub-grantees in the Community Development Block Grant Program will be giving on the variety of services they provide to the Community.

 

            The presentations were given by Denise Kelly of the North Peninsula Dinning Center and Evan White, Fair Housing Coordinator of Project Sentinel.

 

            The following item was taken out of order.

 

APPOINTMENTS:

 

Library Board of Trustees

 

            It was moved by Councilmember Christensen, seconded by Mayor Gomez and carried to appoint Erlinda Galeon to the Library Board of Trustees with term expiring June 11, 2010.  Erlinda Galeon thanked the Council.

 

COUNCIL COMMITTEE REPORTS:

 

            There were no reports.

 

APPROVAL OF MINUTES:

 

            There were no minutes.

 

APPROVAL OF AGENDA:

 

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

 

            Mayor Gomez stated it was requested that Item No. 4, Authorizing Submittal of a Bicycle Facility Program (BFP) Grant Application for the Callan Boulevard and Southgate Avenue Bicycle Route Improvements Project, be taken at the end of the Consent Agenda.

 

CONSENT AGENDA

 

RESOLUTIONS:

 

Resolution of Intent of the City Council of the City of Daly City to Adopt Its Appropriations Limitation for the Fiscal Year 2007-2008 on June 25, 2007

 

            Resolution No. 07-93, A Resolution of Intention of the City Council of the City of Daly City to Adopt Its Appropriations Limitation for the Fiscal Year 2007-2008 on June 25, 2007 – 7:00 P.M.

 

Approving the City’s Participation in the State of California CALNET-2 Program for Telephone Voice and Data Services

 

            Resolution No. 07-94, Approving City’s Participation in the State of California CALNET-2 Program for Telecommunications Services

 

Authorizing Execution of San Mateo County Human Services Agreement with the City of Daly City Community Services Center – FY 07-2010

 

            Resolution No. 07-95, Authorizing Execution of Agreement with the County of San Mateo (Human Services Agency Office of Housing) for County General Funds to Provide Human Services Programs (Daly City Community Service Center)

 

Authorizing Submittal of a Pavement Management Technical Assistance Program Round 9 Grant Fund Application to Update the City’s Pavement Management System

 

            Resolution No. 07-96, Authorizing Submission of a Grant Application to the Metropolitan Transportation Commission (MTC) Re: Pavement Management Technical Assistance Program Grant

 

Setting Time and Place of Public Hearing – re: Amending the Limits and Work Completion Dates for the Mission Street Utilities Underground District No. 14

 

            Resolution No. 07-97, Setting Time and Place of Public Hearing to Amend the Limits and Work Completion Date for the Mission Street Utilities Underground District No. 14 (Along Mission Street from East Market Street to the Southern City limit, along County Street from East Market Street to Valley Street, and Valley Street from County Street to Mission Street), Hearing 07/09/07 – 7:00 P.M.

 

Accepting and Appropriating Grant Funds from the County of San Mateo in the Amount of $481,691 and Authorizing the City Manager to Execute a Contract between the City of Daly City (On Behalf of the Daly City Peninsula Partnership Collaborative) and the County of San Mateo Human Services Agency to Provide Partial Funding for Afterschool and Summer Literacy Programs in Daly City Elementary Schools

 

            Resolution No. 07-98, Approving and Authorizing Appropriation of Grant Funds from the County of San Mateo and Authorizing Execution of an Agreement with the County of San Mateo Human Services Agency on Behalf of the Daly City Peninsula Partnership Collaborative Program (Fiscal Years 2007/08 & 2008/09)

 

Setting Time and Place of Joint Public Hearing – re: Disposition and Development Agreement with Dewey Land Company for Pacific Plaza Phase III

 

            Resolution No. 07-99, Setting Time and Place of Joint Public Hearing of the City Council of the City of Daly City and the Governing Board of the Daly City Redevelopment Agency Re: Consideration of Proposed Disposition and Development Agreement with Dewey Land Company, Hearing 07/09/07 – 7:00 P.M.

 

Authorizing Acceptance of Offer of Dedication of a Portion of Citrus Avenue, Adjacent to Dunn-Edwards Building at 2201 Junipero Serra Boulevard

 

            Resolution No. 07-100, Accepting Offer of Dedication on Behalf of the City of Daly City Re: Public Use and Maintenance Purposes (Portion of Citrus Avenue Adjacent to Dunn Edwards Building 2201 Junipero Serra Boulevard, Daly City, California)

 

Authorization to Continue Participation in the City/County Association of Governments (C/CAG) of San Mateo County

 

            Resolution No. 07-101, Authorizing Continued Participation in the City/County Association of Governments of San Mateo County (C/CAG) and Approval of the Joint Powers Agreement and Authorizing the Mayor to Execute the Joint Powers Agreement

 

Amending Traffic Regulations

 

            Resolution No. 07-102, Establishing Traffic Regulations

 

            1.      Designate One Parking Space in front of 6644 Mission Street Passenger Loading/Unloading Zone on the West Curb of Mission Street between the Hours of 8:30 to 10:30 A.M. and 2:00 to 4:00 P.M., Monday through Fridays

            2.      Designate the Second Parking Space West of Jade Dragon’s Driveway on Garden Gateway No Parking Tow-Away Zone between the Hours of 4:00 to 8:00 A.M., Monday through Saturdays

 

Authorizing Budgetary Adjustments

 

            Resolution No. 07-103, Authorizing Budgetary Adjustments and Appropriations for Fiscal Year 2006-2007

 

            A.     Appropriation of $6,856.49 for T.R. Pollicita Field Project Received from Jefferson Elementary School District

 

CHECK REGISTERS:

 

            Check Registers for the Month of May 2007

 

END OF CONSENT AGENDA

 

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

 

RESOLUTIONS:

 

Authorizing Submittal of a Bicycle Facility Program (BFP) Grant Application for the Callan Boulevard and Southgate Avenue Bicycle Route Improvements Project

 

            Councilmember Klatt requested that this item be taken off the consent agenda to express concern about marking the bicycle lanes prior to the slurry seal project and then having to do the bicycle lanes over again since some of these streets are listed in our slurry seal project.

 

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

 

            Resolution No. 07-104, Authorizing Submitting Bicycle Facility Program (BFP) Grant Application to the Bay Area Air Quality Management District (Callan Boulevard and Southgate Avenue Bicycle Route Improvements)

 

PUBLIC HEARINGS:

 

Benefit Assessments for Linda Vista Area of Benefit Fiscal Year 2007-2008:  A. Resolution Approving Engineer’s Report and Imposing a Benefit Assessment for Fiscal Year 2007-2008

 

            Director of Public Works Peter Gleichenhaus recommended that the City Council conduct a public hearing and approve the Engineer’s Report and the Linda Vista Benefit Assessments for Fiscal Year 2007-08.

 

            Mr. Gleichenhaus gave a report on the storm water retention basins within the Linda Vista and Bay Ridge Subdivisions and reviewed the proposed assessments for fiscal years 2007-08 as outlined in the agenda report.

 

            Mayor Gomez opened the public hearing.

 

            Mayor Gomez asked if there were any speakers.  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 Klatt, seconded by Councilmember Guingona and carried by unanimous roll call vote to adopt the following resolution:

 

            Resolution No. 07-105, Approving Engineer’s Report and Imposing a Benefit Assessment for Fiscal Year 2007-2008

 

Approving Issuance of Revenue Bonds by the California Statewide Communities Development Authority for St. Ignatius College Preparatory in an Aggregate Principal Amount not to Exceed $25 Million      

 

            Director of Parks and Recreation Michael Stallings requested that the City Council conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) public hearing regarding the issuance of $25,000,000 of revenue bonds for St. Ignatius College Preparatory.

 

            In addition, the City Council is asked to adopt a resolution approving issuance of the revenue bonds by the California Statewide Communities Development Authority for the purposes of satisfying the requirements of the code.

 

            Mr. Stallings provided a brief background on the applicant, St. Ignatius College Preparatory, submitting to the Authority an application for the financing of certain applicant campus facilities through the issuance of tax-exempt obligations in an aggregate principal amount not to exceed $25 million.  The project in Daly City will utilize an amount of $250,000 of the bonds for the athletic field located at T.R. Pollicita, 550 East Market Street.

 

            Mayor Gomez opened the public hearing.

 

            Mayor Gomez asked if there were any speakers.  There were no speakers.

 

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

 

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

 

            Resolution No. 07-106, Approving the Issuance of California Statewide Communities Development Authority Revenue Bonds for the Purposes of Financing the Costs of Construction, Improvement, Renovation and Equipping of Certain Athletic Facilities and Certain Other Matters Relating Thereto

 

AWARD OF BIDS:

 

Radar and Message Speed Monitoring Trailers

 

            Chief of Police Gary McLane reviewed and requested authorization to approve a bid award to the low bidder, MPH Industries for four Radar and Message Speed Monitoring Trailers in the amount of $85,457.15.

 

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

 

            Resolution No. 07-107, Authorizing Execution of Contract with MPH Industries (Radar and Message Speed Monitoring Trailers)

 

ORDINANCES:

 

Implementation of Senate Bill 53 – Describing the Eminent Domain Program as Required by the Community Redevelopment Law:  A.  Second Reading – 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 and B.  Second Reading – Ordinance No. 1322, Adopting a Program for the Use of Eminent Domain by the Daly City Redevelopment Agency – Pursuant to Senate Bill 53, Bayshore Redevelopment Area

 

            Annette Hipona, representing Original Daly City Protection Association, spoke in opposition to the use of eminent domain for private for profit developments.

 

            Councilmember Christensen expressed opposition to the use of eminent domain.

 

            Mayor Gomez called for order and asked the public to not speak out of order during a Council meeting or they will be removed from the Chambers.

 

            It was moved by Councilmember Klatt, seconded by Councilmember Guingona and carried with Councilmember Christensen voting “No” to adopt 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 Guingona, seconded by Councilmember Klatt and carried with Councilmember Christensen voting “No” to adopt the following ordinance:

 

            Ordinance No. 1322, 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:

 

            Sylvia Alvarez-Lynch, representing Neighbors for Responsible Redevelopment expressed concerns about her comments being interrupted when Mayor Gomez used a button to shut off the podium’s microphone while she was speaking against the use of eminent domain at the City Council meeting of May 14th.  She also expressed concern about her first amendment rights and her freedom of speech being violated as well as the Constitution of the United States being violated.

 

            After Mayor Gomez informed Ms. Alvarez-Lynch that her two minutes were up and her comments were noted, Ms. Alvarez-Lynch continued to make her statement.  Mayor Gomez then told Ms. Alvarez- Lynch that she may take a seat.

 

            Mayor Gomez asked for a five minute recess at 8:15 p.m.  The meeting reconvened at 8:20 p.m.

 

            Police Officer Lilian Tashiro, President of the Daly City Police Officers Association asked Daly City to host the POA’s blood drive and hold a barbeque and shoeshine fund raiser at City Hall on Monday, June 25th from 8:00 a.m. to 2:00 p.m.

 

            City Manager Patricia Martel stated she will work with the POA to accommodate them.

 

APPOINTMENTS:

 

Appointment of Director to the Bay Area Water Supply and Conservation Agency and the Regional Finance Authority

 

            City Manager Patricia Martel stated in 2003 former Councilmember Adrienne Tissier was appointed as the first representative for Daly City to sit on both Boards of the Bay Area Water Supply and Conservation Agency and the Regional Financing Authority with term expiring on June 30, 2007.

 

            The City is now being requested to appoint a new member representing Daly City to serve a four year term as a Board Director of the Bay Area Water Supply and Conservation Agency and the Regional Financing Authority.  The new term would expire on June 30, 2011.

 

            After several attempts by Mrs. Alvarez-Lynch to ask a question on this item, Mayor Gomez told her several times to not speak out of order that she was disrupting the meeting and to leave the Council Chambers.

 

            City Attorney Rose Zimmerman stated this is an item just for a motion to appoint.  It is at the mayor’s discretion if you want to have members of the public speak.

 

            Mayor Gomez stated that members of the public do not speak on this subject.  Mayor Gomez asked that Mrs. Alvarez-Lynch be removed from the Council Chambers.

 

            It was moved by Mayor Gomez, seconded by Councilmember Klatt and carried to appoint Councilmember Michael Guingona to the Bay Area Water Supply and Conservation Agency and the Regional Financing Authority with term expiring on June 30, 2011.

 

            City Clerk Maria Cortes administered the Oath of Office to Councilmember Guingona as a Member of Board of Directors to the Bay Area Water Supply and Conservation Agency and the Regional Financing Authority.

 

REPORTS:

 

Council Committee

 

            The Council Committees reported on the following:

 

            Committee Review – Multi-Family Peninsula Habitat for Humanity Condominium Development Located at 7555 Mission Street (Christensen/Guingona)

            Conceptual Review CR07-2, Design Review DR07-3, 7199 Mission Street KFC Restaruant Remodel and Site Improvements (Klatt/Guingona)

            JESD Council Committee Re: Cost for Videotaping JESD Meetings in the Council Chambers (Guingona/Christensen)

            Conceptual Review CR07-3 – Security Fence Improvements Pacific Plaza North and South Parking Gargages (Klatt/Gomez)

            Pacific Plaza Preliminary Phase III Design (Klatt/Gomez/Martel)

 

City Council

 

            Councilmember Christensen announced that Gloria Smith Cory will be inducted into the San Mateo County Sports Hall of Fame.  The celebration is on June 21st at the San Mateo Elks Lodge sponsored by the First National Bank of Northern California.

 

            Mayor Gomez announced that Councilmember Klatt and I attended the Kops and Kids Day on Saturday.  She thanked the Daly City Police Department and Serra Bowl for the annual event.

 

            Mayor Gomez wished her mother a happy birthday, who turned 80 years old this past Saturday.

 

Staff

 

            City Manager Patricia Martel reminded the public that the City will be appointing a General Plan Steering Committee made up of residents and business representatives.  The deadline to submit applications is being extended from June 15th to June 29th.

 

            It was moved by Councilmember Christensen, seconded by Councilmember Klatt and carried to recess the meeting to sit in Closed Session.

 

            The meeting reconvened at 9:00 P.M.

 

CLOSED SESSION:

 

            From the regular meeting/closed session of the Daly City City Council the following report is provided pursuant to California Government Code Section 54957.1 (The Ralph M. Brown Act):

 

            Conference with Legal Counsel – Anticipated Litigation

 

            Significant exposure to litigation.  Meeting pursuant to Government Code Section 54956.9(b)(2) to evaluate litigation exposure; if confirmed, continued session shall commence pursuant to Government Code Section 54956.9(b)(1).

 

            The City Council met with legal counsel regarding anticipated litigation pursuant to Section 54956.9 to decide significant exposure to litigation against the City.  Upon reviewing the facts, a unanimous City Council decided based on “existing facts and circumstances” there is significant exposure to litigation which warrant a closed session under Cal. Government Code Section 54956.9(b)(1).

 

ADJOURNMENT:

 

            It was moved by Councilmember Christensen, seconded by Councilmember Klatt and carried to adjourn the meeting in memory of Lovell James, Kimberly Bronson and Edward Rose.

 

                                                                                                               MARIA E. CORTES           

                                                                                                                        City Clerk

 

Approved as submitted, this          24th    

 

day of               September            , 2007.

 

                 MAGGIE A. GOMEZ           

                        Mayor