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Minutes - October 22, 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

                           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:

 

Commending Daly City Police Officers Norman Palaby and Albert Cisneros

 

            Mayor Gomez presented Certificates of Commendations to Daly City Police Officers Norman Palaby and Albert Cisneros for their act of heroism.  Officers Cisneros and Palaby thanked the Council.  Officer Cisneros stated on October 9th, Officer Palaby and I assisted in the rescue of two people hanging out of a burning second story window of a single-family residence.

 

CDBG Subgrantee: Shelter Network:  Family Crossroads and Maple Street Shelter

 

            City Manager Patricia Martel introduced the following Community Development Block Grant (CDBG) subgrantee:

 

            Brian Greenberg, Director of Program and Services for the Shelter Network’s two programs, the Maple Street Shelter in Redwood City, and Family Crossroads in Daly City, gave a PowerPoint presentation on their programs and services.

 

COUNCIL COMMITTEE REPORTS:

 

            There were no reports.

 

APPROVAL OF MINUTES:

 

Regular Meeting of July 9, 2007

 

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

 

APPROVAL OF AGENDA:

 

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

 

CONSENT AGENDA:

 

            Mayor Gomez stated it was requested that Item No. 2, Commending Peter Gleichenhaus Upon his Retirement, be taken at the end of the Consent Agenda.

 

COMMUNICATIONS:

 

Quarterly Cash and Investment Report

 

RESOLUTIONS:

 

Erasure of Public Safety Radio/Telephone Tape Recordings for July, August, and September of 2006

 

            Resolution No. 07-187, Authorizing Erasure by the Police Department of Routine Public Safety Radio/Telephone Tape Recordings for July, August and September of 2006

 

Setting Time and Place of Public Hearing – re:  Community Development and Housing Needs and Authorizing the Solicitation of Request for Proposal of CDBG Funds

 

            Resolution No. 07-188, Setting Time and Place of Public Hearing re:  Community Development and Housing Needs Eligible for Funding of Programs/Projects and Authorizing the Solicitation of Request for Proposals Community Development Block Grant (CDBG) Program (Fiscal Year 2008-2009) Hearing, 12/10/07 – 7:00 P.M.

 

Setting Time and Place of Public Hearing – re: Proposed Adoption of New Model Building Codes with Local Amendments

 

            Resolution No. 07-189, Setting Time and Place of Public Hearing regarding Adoption of New Model Codes Adopted by the State of California and Consideration of Amendments to Adopted Codes, Hearing 11/26/07 – 7:00 P.M.

 

Authorizing Budgetary Adjustments

 

            Resolution No. 07-190, Authorizing Budgetary Adjustments and Appropriations for Fiscal Year 2007-2008

 

            A.    Appropriation of California State Library Grant for Librarian Education and Training in the Amount of $2,037

 

END OF CONSENT AGENDA

 

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

 

RESOLUTIONS:

 

Commending Peter Gleichenhaus Upon his Retirement

 

            Mayor Gomez announced that Director of Public Works Peter Gleichenhaus is retiring after six years of service with the City of Daly City.

 

            The City Council expressed their appreciation to Mr. Gleichenhaus for his services and dedication and extended their best wishes on his retirement.

 

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

 

            Resolution No. 07-191, Commending D. Peter Gleichenhaus on the Occasion of His Retirement

 

COMMUNICATIONS:

 

Authorizing Extension of Tentative Map for Major Subdivision (SUB01-2) for an Additional 12 Months (Southside of Serramonte Boulevard between Gellert and Callan Boulevards) (Cont’d. from 10/08/07)

 

            Director of Economic and Community Development Richard Berger reviewed the City Council’s previous action to continue this matter to allow the developer to provide a detailed summary of the activities that have occurred.

 

            Mr. Berger stated attached to the agenda report is a letter from the developer describing what has been done since the tentative map was approved to prepare the site for future development.  A lot of it had to do with doing more geologic reports for slope stability.  The last report was completed in April 2007.

 

            It should be noted that the tentative map was approved initially and is the subject of the requested extension, conforms to the zoning standards established in Planned Development PD-57.  The Environmental Impact Report (EIR) that analyzed the impacts was certified by the Council in 2004 and subsequent geotechnical studies have been prepared, which were required in the EIR.  The Tentative Map is in compliance with the General Plan, zoning and CEQA.

 

            Mayor Gomez asked if the affordable housing ordinance applies to this project.  Mr. Berger stated it does.

 

            Councilmember Christensen stated this project is just south of the Serramonte Shopping Center next to McDonald’s on the steep hill.  She asked how the hill is going to be held up.

 

            Mr. Berger stated his understanding of the original proposal is that the retaining wall system involved tie-backs that run south to the neighboring property in the cemetery.  There was some difficulty in getting easements from the cemetery.  I believe since then, the developer has looked at alternative ways to try to accomplish the same thing.

 

            The developer, John Hansen, gave a brief description of the work that has been done and the additional testing that is necessary before construction.  Mr. Hansen stated at first, the Chinese Cemetery was receptive to this process, but we were never able to achieve a written agreement with them.  We are using an alternative system that does not require these tie-backs to go past the property line.

 

            Mr. Hansen said, as staff has indicated, I submitted a letter to staff on September 24, 2007.  Although there is no activity on site, there has been substantial and critical work effort going on behind the scenes to bring this project to reality.  I am present this evening to answer and augment the understanding of Council’s questions.  Mr. Hansen apologized for the lack of communication in the past and assured the Council that we will provide staff with a quarterly written report on the status of the project.

 

            Rich Brugger, President of the Cypress Point Homeowners Association, expressed opposition to the project, citing concerns regarding traffic issues and the safety of the hillside.  Mr. Brugger asked the Council to deny the extension.

 

            A lengthy discussion ensued with Staff answering Council’s questions regarding the safety of the hill and what would happen if the Council denied the extension.

 

            Councilmember Torres stated we are here tonight for the sole purpose of extending a tentative map.  As much as I may agree with Councilmember Christensen’s concerns, we are not here to discuss the safety of this project that is a separate issue.

 

            Councilmember Christensen was concerned that the project would not be coming back to the Council since it has already been approved.  She was also concerned about the tremendous burden it puts on staff to make the decision of safety.  She stated she was not confident that there is a way to hold the hill up.

 

            Ms. Zimmerman explained that this is a request for an extension of the tentative map for a major subdivision that was already approved by Council.  Engineering would have to sign off a final map before the final map goes to the City Council for approval.

 

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

 

            Resolution No. 07-192, Authorizing the Extension of Tentative Map for Major Subdivision SUB01-2 for an Additional Twelve Months Re: Subdivision Located on the South Side of Serramonte Boulevard Between Gellert Boulevard and Callan Boulevard

 

AWARD OF BIDS/CONTRACTS:

 

Mission Street/Vista Grande Avenue Traffic Signal

 

            Director of Public Works Peter Gleichenhaus recommended that the City Council accept all bids and authorize the City Manager to award a construction contract for the Mission Street/Vista Grande Avenue Traffic Signal project to the lowest responsible bidder, Mike Brown Electric Company of Cotati, in the amount of $178,780.  Staff further recommends that the Council authorize the City Manager to award the contract to the next lowest responsible bidder if the awarded bidder fails to execute the contract.

 

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

 

            Resolution No. 07-193, Authorizing Execution of Construction Contract with Mike Brown Electric Co. (Mission Street/Vista Grande Avenue Traffic Signal)

 

            Mr. Gleichenhaus thanked the Council for the opportunity to serve the City of Daly City for the past six years.

 

PUBLIC APPEARANCES/ORAL COMMUNICATIONS:

 

            There were no speakers.

 

APPOINTMENTS:

 

Board/Commission Membership-Committee Appointments

 

            There were no appointments.

 

REPORTS:

 

Council Committee

 

            The Council Committees reported on the following:

 

            Design Review Permit DR07-11 Party Playhouse Exterior Sign 56 Hill Street (Christensen/Torres)

            Design Review Permit DR07-9 – 24 Mateo Avenue – Construction of two single-family dwellings (Christensen/Torres)

            Conceptual Review CR07-6 Fortuneteller Business, 6801B Mission Street (Klatt/Guingona)

            Conceptual Review CR07-7 Coffee Shop/Roaster, Laundromat and Restaurant – 2501, 2505 and 2511 Geneva Avenue (Klatt/Guingona)

 

City Council

 

            Councilmember Christensen requested that the General Plan committee meetings be declared a community meeting so the entire Council can attend since Councilmember Klatt and I are the only two Councilmembers able to attend the General Plan Committee meeting.

 

            City Manager Patricia Martel explained the intent of the community visioning meetings is for the solicitation of community input.  The General Plan Steering Committee will have numerous opportunities over the next three years to provide input to staff and to the Council on a variety of issues related to amendments that would be generated for the General Plan.  The entire Council can attend if Council does not participate.

 

Staff

 

            City Manager Patricia Martel reported on staff’s efforts to solicit for community volunteers to participate in “Make a Difference Day”, which is Saturday, October 27th.  She informed the Council that they will be unable to distribute the door hangers due to the lack of volunteers.  However, we have them ready and will make it available to COHRA and to homeowner groups to be distributed at a future date.

 

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

 

            The meeting reconvened at 9:00 P.M.

 

CLOSED SESSION:

 

From the special 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):

 

            A.        Conference with Labor Negotiator:

            Per Government Code Section 54957.6(b)

 

            City Negotiator:                        Glenn 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 Guingona, seconded by Councilmember Torres and carried to adjourn the meeting in memory of Donald J. Campbell, William “Bill” Gfroerer, Edward Hupke and Inez Workman.

 

                                                                                                                MARIA E. CORTES          

                                                                                                                       City Clerk

 

Approved as submitted, this         14th        

 

day of               January                    , 2008.

 

 

                MAGGIE A. GOMEZ              

                          Mayor