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Minutes - June 25, 2007

            The meeting was called to order by Mayor Gomez at 7:05 P.M.

 

ROLL CALL:     Councilmembers Present:

 

                           Maggie Gomez, Mayor

                           Michael P. Guingona

                           Carol L. Klatt

                           Sal Torres

 

                           Councilmembers Absent:

 

                           Judith A. Christensen

 

                           Staff Present:

 

                           Patricia E. Martel, City Manager

                           Kerry E. Burns, Assistant City Manager

                           Rose L. Zimmerman, City Attorney

                           Maria E. Cortes, City Clerk

 

            City Manager Patricia Martel announced that Councilmember Christensen is absent due to illness.

 

PRESENTATIONS:

 

CDBG Subgrantees: Human Investment Project (HIP) and Samaritan House

 

            The following CDBG sub-grantees gave a presentation on the services they provide:

 

            Laura Fanucchi of the Human Investment Project (HIP) Housing

            Sharon Peterson, Director of Operations for Samaritan House

            Rashida Blake, Director of Safe Harbor Shelter

 

            Carla Campos, resident at Safe Harbor Shelter spoke on her experience at the shelter.

 

COUNCIL COMMITTEE REPORTS:

 

            There were no reports.

 

APPROVAL OF MINUTES:

 

Regular Meetings of April 9 and April 23, 2007

 

            It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried to approve the minutes of April 9 and April 23, 2007.  Councilmember Guingona abstained on the minutes of April 23, 2007.

 

APPROVAL OF AGENDA:

 

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

 

CONSENT AGENDA

 

RESOLUTIONS:

 

Authorizing Approval of License Agreement with Westlake School for the Performing Arts at Doelger Art Center for July 1, 2007 through June 30, 2008                                                                               

 

            Resolution No. 07-108, Approving Execution of License with the Westlake School for the Performing Arts (Doelger Art Center, 200 Northgate Avenue, Daly City, California)

 

Authorizing Approval of License Agreement with Musicart Studio Inc. at Doelger Art Center for July 1, 2007 through June 30, 2008                                                                                                                      

 

            Resolution No. 07-123, Approving Execution of License with the Musicart Studio Inc. (Doelger Art Center, 200 Northgate Avenue, Daly City, California)

 

Accepting and Appropriating Grant Funds to Provide a Community Assessment and Authorizing the City Manager to Execute a Contract Between the City of Daly City and Mills-Health Services

 

            Resolution No. 07-109, Approving Receipt of Funds from Mills-Peninsula Health Services for the Daly City Access/Daly City Peninsula Partnership Program and Authorizing Appropriation of Funds to the Senior Services Budget

 

Accepting and Appropriating Grant Funds from the County of San Mateo Aging and Adult Services for Nutrition, General Program Support, and Disease Prevention and Authorizing the City Manager to Execute a Contract Between the City of Daly City and the County of San Mateo Aging and Adult Services

 

            Resolution No. 07-110, Accepting a Grant from the San Mateo County Aging and Adult Services Department and Authorizing Appropriation of Grant Funds (Congregate Nutrition, Disease Prevention, Family Caregiver Support and General Program)

 

Adopting Proposed New Classification Senior Library Office Assistant (APCM)

 

            Resolution No. 07-111, Approving Amendment to the Library Department Budget for Fiscal Years 2006-2007 and 2007-2008

 

Approving Subgrantee Agreements Under Community Development Block Grant Program

 

            Resolution No. 07-112, Approving and Authorizing Execution of Contractual Agreements for Community Service Programs Under Community Development Block Grant Program (Fiscal Year 2007-2008)

 

Commending Van Beane, Secretary Treasurer of the Teamsters Local #85

 

            Resolution No. 07-113, Commending Van Beane

 

Commending Mike Meals, 9th District International Representative, Electrical Workers

 

            Resolution No. 07-114, Commending Mike Meals

 

Commending Frank Aguerre, Business Manager, Electrical Workers Local #617

 

            Resolution No. 07-115, Commending Frank Aguerre

 

Authorizing Budgetary Adjustments

 

            Resolution No. 07-116, Authorizing Budgetary Adjustments and Appropriations for Fiscal Year 2006-2007

 

            A.     Accepting and Appropriating Grant Funds in the Amount of $28,084 from the California Department of Conservation to Promote Beverage Container Recycling in Daly City

 

END OF CONSENT AGENDA

 

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

 

PUBLIC HEARINGS:

 

Consideration of Water Rate Adjustments for Fiscal Year 2007/2008: A. Resolution Confirming Report on Water Rates and Meter Charges for Fiscal Year 2007/2008 (Resolution 06-144)

 

            Director of Water and Wastewater Resources Patrick Sweetland gave a PowerPoint presentation on the City’s infrastructure and its components.

 

            Mr. Sweetland stated the outline of material presented this evening is consistent with the June 11th Water Rate Subcommittee meeting that was attended by Mayor Gomez and Councilmember Klatt.  At the June 11th meeting, Staff reviewed the Council’s previously authorized rate increases set forth under Resolution No. 06-144.  Staff is recommending no change to the 9% basic and 10% volume increase slated to take effect July 1st in order to meet the operating expenses and reserve requirements to fund capital improvements.

 

            Tonight’s public hearing has been duly noticed and published.  The City mailed 22,576 individual notices to water customers in conformance with Proposition 218.  The City has received 137 letters in protest from the 22,576 letters.

 

            Mr. Sweetland summarized the basic rate charge and volume charge modifications as outlined in the Agenda Report.

 

            Discussion ensued with Mr. Sweetland answering Council questions.

 

            Mayor Gomez opened the public hearing.

 

            Dan Sullivan, representing Pointe Pacific Homeowners, asked whether the water rates are based on future use or past performance.  Mr. Sweetland said they are based on projections of future use.

 

            Andre Belarmino, spoke in favor of the proposed increase.  Mr. Belarmino also submitted a letter in favor.

 

            Pedro Lacanlale, spoke in opposition of the increase.  He asked if the chemical used in the water is approved by the Department of Health.

 

            It was moved by Councilmember Torres, seconded by Councilmember Klatt 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. 07-117, Ratifying Water Rate Adjustments in Water Rates and Meter Charges for Large Meters (Fiscal Year 2007-2008)

 

Renewal of Daly City’s Local National Pollutant Discharge Elimination Safety (NPDES) Stormwater Regulatory Fee

 

            Director of Water & Wastewater Resources Patrick Sweetland stated this public hearing has been duly noticed and published.  This deals with the regulatory fees to finance the Daly City local current NPDES program.  We have sustained no increases in that rate.  Staff is requesting no increase in the current rate.  It will finance Daly City’s local specific NPDES stormwater activities in the amount of $449,000 as detailed in staff’s memo.

 

            Mayor Gomez opened the public hearing.

 

            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. 07-118, Maintaining Regulatory Fees Necessary to Fund the City’s Local Specific Stormwater Management Plan Program Activities as to the National Pollutant Discharge Elimination System (NPDES) and Authorizing their Collection on the Property Tax Roll

 

COMMUNICATIONS:

 

Major Subdivision SUB06-5 to Subdivide One Lot into Five Lots for Single Family Detached Homes – 1616 Annie Street

 

            Senior Planner Tatum Mothershead gave a PowerPoint presentation on the project site and reviewed the application by James Fogarty and Gery Nartin to subdivide a 15,000 square foot lot into five parcels for the purpose of constructing single family detached homes on each lot at the southwest corner of Annie Street and Washington Street.  The existing house on the site will be demolished prior to recording the final subdivision map.

 

            The Planning Commission reviewed Major Subdivision SUB06-5 on June 5, 2007 and is forwarding a recommendation of approval, subject to the conditions contained in the agenda report.

 

            A discussion ensued with Ms. Mothershead answering Council's questions and concerns.  Issues of concerns were the homes being built too close together, and the size of each home.

 

            It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried to concur with the Categorical Exemption under CEQA requirements.

 

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

 

            Resolution No. 07-119, Adopting Findings of Fact Following Planning Commission Recommendation Re: Major Subdivision (SUB06-5) Located at 1616 Annie Street (Daly City, California)

 

            It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried to approve Major Subdivision (SUB06-5).

 

RESOLUTIONS:

 

Appropriations Limitation for Fiscal Year 2007-2008

 

            Director of Finance and Administrative Services Donald McVey> stated as required by Article XIIIB of the State Constitution, the City must adopt an appropriations limitation every year.  Mr. McVey> reviewed the calculations establishing the proceeds of taxes and appropriations limitation for fiscal year 2007-2008 as outlined in the Agenda Report.

 

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

 

            Resolution No. 07-120, Establishing City’s Appropriations Limitation for Fiscal Year 2007-2008

 

AWARD OF BIDS/CONTRACTS:

 

Street Slurry Seal 2007-08 and Southgate Avenue Bike Lanes

 

            Director of Public Works Peter Gleichenhaus reviewed the project and recommended that the City Council accept all bids, waive minor irregularities, and award a construction contract to Valley Slurry Seal Company of West Sacramento in the amount of $655,377.  He further recommends that the City Council authorize the City Manager to award the contract to the next lowest responsible bidder, if the awarded bidder fails to execute the bid documents.

 

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

 

            Resolution No. 07-121, Authorizing Execution of Construction Contract with Valley Slurry Seal Co. of West Sacramento, California (Street Slurry Seal 2007-2008 and Southgate Avenue Bike Lanes)

 

Radar Speed Display Boards

 

            Chief of Police Gary McLane requested that the City Council authorize the Police Department to approve a bid award from the acceptable low bidder, Kustom Signals, Inc. in the amount of $61,174.12 for fourteen RADAR speed display boards.

 

            Bid requests were sent to eight vendors and three bids were received.  The lowest bidder did not meet the minimum required specifications.  The lowest bidder that met the minimum required specifications was Kustom Signals, Inc.

 

            There is no fiscal impact to the City as it is all purchased with grant funding from the California Office of Traffic Safety.

 

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

 

            Resolution No. 07-122, Authorizing Execution of Contract with Kustom Signals, Inc. (Radar Speed Display Boards)

 

PUBLIC APPEARANCES/ORAL COMMUNICATIONS:

 

            Sylvia Alvarez-Lynch, representing Neighbors for Responsible Redevelopment, expressed concern regarding her constitutional freedom of speech and rights being violated as well as violating Robert’s Rules of Order and the Brown Act Section 54954.3 at last month’s meeting when she expressed her displeasure with eminent domain powers and the microphone being turned off several times.

 

            Gloriann Jones representing the Skyline Palisades Residential Association expressed concern about the right turn lane from Westmoor Avenue to southbound Highway 35/Skyline Highway being blocked.  A large wooden City sign has blown over and remains unreadable to this day.  Ms. Jones stated the residents are concerned with the seriously slow traffic at this intersection.  The lane has been blocked for almost a month.  There is no work in progress.  She asked when will the work begin and when will it be finished?

 

            City Manager Patricia Martel stated we are working with CalTrans on this issue and expect work to commence shortly.  We need to keep the barricades up.  I was unaware of the sign falling over.  I will send someone out to take care of it.  We want to move forward as quickly as possible with this project but we are subject to some of CalTrans’ delays.

 

            Annette Hipona, representing Original Daly City Protective Association, expressed concern regarding some people being allowed to speak over the two-minute limit and some people are not allowed to speak over the two-minute limit.

 

APPOINTMENTS:

 

Board/Commission Membership-Committee Appointments

 

            There were no appointments.

 

REPORTS:

 

Council Committee

 

            The Council Committees reported on the following:

 

            Design Review Permit DR07-5 – 500-D South Hill Blvd., 2nd Story Addition to Single Family Residence (Torres)

            Pacific Plaza Phase III DDA (Gomez)

            Five-Year Implementation Plan for the Mission Street-Junipero Serra Boulevard Commercial Business District Redevelopment Project (Guingona/Martel)

            Residential Zoning Revisions Committee (Guingona)

 

City Council

 

            Mayor Gomez congratulated Arthur Ono on reaching his 100th Birthday.

 

Staff

 

            City Manager Patricia Martel reported on the recent E-Waste Collection in the front parking lot of City Hall this past weekend.  Ms. Martel announced that the City will be hosting a Household Hazardous Waste Event this coming weekend.  The County of San Mateo has put a limitation of 200 reservations for this weekend’s event, and they have reached their limit.  We will be having another household hazardous waste collection on Saturday, September 8, 2007 at City Hall.

 

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

 

            The meeting reconvened at 9:30 P.M.

 

CLOSED SESSION:

 

   A.     Conference with Labor Negotiator:

 

            City Negotiator:                     Glen Berkheimer and Jeff Scafaro

            Employee Organization:         All Bargaining Units/Unrepresented Employees

 

            Conference with Labor Negotiator regarding labor negotiations pursuant to section 54957.6 of the Government Code.  Council authorized City negotiator to continue negotiations with all bargaining units.

 

ADJOURNMENT:

 

            It was moved by Councilmember Torres, seconded by Councilmember Klatt and carried to adjourn the meeting in memory of Gus Sola, Vincent Indriolo and Ngan Lee and the nine Firefighters from Charleston, South Carolina.

 

                                                                                                                 MARIA E. CORTES          

                                                                                                                     City Clerk

 

Approved as submitted, this         24th     

 

day of               September            , 2007.

 

               MAGGIE A. GOMEZ            

                       Mayor