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Minutes - November 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

                           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

 

            Mayor Gomez introduced San Francisco Superior Court Judge Terri Jackson.

 

PRESENTATIONS:

 

Commending North County Fire Authority Strike Teams

 

            Mayor Gomez presented Certificates of Commendation in recognition of their dedicated service and heroic actions combating the Southern California firestorms to the following members of the North County Fire Authority Strike Teams:

 

                     Bobby Brand

                     Marcel Cafferata

                     Ryan Daugherty

                     Larry Huber

                     Pat Mahoney

            Joe O’Brien

            Mike Padreddii

            Kevin Park

            Greg Scoles

            Cole Stratton

 

            The Council thanked the members of the Strike Teams.

 

Commending Beatrice Jackson

 

            Councilmember Klatt presented a Certificate of Commendation to Beatrice Jackson in recognition of her retirement from the San Mateo County Probation and Health Department after 46 years of service.  Ms. Jackson thanked the Council.

 

Lions Club Peace Poster Contest Award Winners

 

            Marian Mann stated present this evening are the winners of the 2007-2008 Lions International Peace Poster Contest from Holy Angeles School.  This year’s theme was “Peace Around the World”.  Ms. Mann expressed appreciation for Council’s on-going support of our young people.

 

            Mayor Gomez presented an award and a $100 Savings Bond to 1st place winner Trisha Garcia and an award and a $50 Savings Bond to 2nd place winner Ashley Santos of the 2007-2008 Lions International Peace Poster Contest.  Mayor Gomez presented a Certificate of Appreciation from Lions Club International to Sister Leonardo Montenegro, Holy Angeles School.

 

COUNCIL COMMITTEE REPORTS:

 

            There were no reports.

 

APPROVAL OF MINUTES:

 

Regular Meetings of July 23, 2007 and September 10, 2007 and Special Meeting of August 6, 2007

 

            It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried to approve the minutes of the regular meetings of July 23 and September 10, 2007 and special meeting of August 6, 2007. Councilmember Guingona abstained on the minutes of special meeting of August 6, 2007 and regular meeting of September 10, 2007.

 

APPROVAL OF AGENDA:

 

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

 

CONSENT AGENDA

 

COMMUNICATIONS:

 

Approval of Cabaret License without Variance from Security Requirement for Roberto’s Restaurant at 3 Saint Francis Square

 

Approval of Cabaret License without Variance from Security Requirement for Lisa’s Mexican Restaurant at 6582 Mission Street

 

RESOLUTIONS:

 

Approving War Memorial Community Center Rental Fees

 

            Resolution No. 07-194, Approving Rental Fees for War Memorial Community Center

 

Authorizing Purchase of New Fire Pumper from Smeal Fire Apparatus Company in the Amount of $384,168

 

            Resolution No. 07-195, Authorizing Purchase of One Fire Pump

 

Authorizing the City Manager to Enter into a Contract with VMI, Inc. of Sunnyvale for the Installation of a New Audio and Video System for the Council Chambers

 

            Resolution No. 07-196, Approving and Authorizing Execution of Professional Services Agreement with VMI, Inc.

 

Authorizing the City Manager to Execute a Professional Services Agreement with First Vehicle Services to Provide Interim Management for the Motor Vehicles Division

 

            Resolution No. 07-197, Authorizing Professional Services Agreement to Provide Interim Management for the Motor Vehicles Division

 

Approving Final Map and Improvement Agreement for Tipperary Villas Subdivision (Southwest Corner Situated South of Washington Street/Annie Street)

 

            Resolution No. 07-198, Approving Final Map for Tipperary Villas Subdivision at Washington Street/Annie Street Intersection and Accepting the Public Utility Easements

 

Acceptance and Appropriation of Bicycle Facility Program Grant for Callan Boulevard and Southgate Avenue Bicycle Route Improvement Project

 

            Resolution No. 07-199, Authorizing Executing Bicycle Facility Program (BFP) Grant from the Bay Area Air Quality Management District

 

Accepting Notice of Completion for Mission Street Rehabilitation

 

            Resolution No. 07-200, Accepting Completion of Certain Project in the Department of Public Works (Mission Street Rehabilitation)

 

Accepting Notice of Completion for Street Resurfacing 2007-08

 

            Resolution No. 07-201, Accepting Completion of Certain Project in the Department of Public Works Street Resurfacing 2007-08

 

Establishing Traffic Regulations – Suspension of Parking Meter Enforcement in Daly City between December 1, 2007 and January 2, 2008

 

            Resolution No. 07-202, Establishing Traffic Regulations Re: Suspension of Enforcement of Parking Meters for the 2007 Holiday Season

 

Amending Traffic Regulations

 

            Resolution No. 07-203, Establishing Traffic Regulations

 

            1.      Designate a 740 Foot +/- No Parking Zone Along the South Curb of Hickey Boulevard, East of Skyline Boulevard

            2.      Install a Stop Sign on John Glenn Circle at Warwick Street

            3.      Designate an Existing 30 Foot No Parking Zone in Front of 93 Vendome Avenue at Tow-Away Zone

            4.      Designate a 20 Foot No Parking Zone Along the South Side of the Alley of the Property at 93 Vendome Avenue

 

Authorizing Budgetary Adjustments

 

            Resolution No. 07-204, Authorizing Budgetary Adjustments and Appropriations for Fiscal Year 2007-2008

 

            A.     Appropriation to Police Department Overtime in the Amount of $5,840.32 from Reimbursement for Special Detail

 

CHECK REGISTERS

 

            Check Registers for the Month of October 2007

 

END OF CONSENT AGENDA

 

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

 

PUBLIC HEARINGS:

 

Joint Session with Daly City Housing Development Finance Agency

 

            Mayor Gomez called to order the Joint Session between the City of Daly City and the Daly City Housing Development Finance Agency at 7:22 P.M., and upon roll call Commissioners Christensen, Guingona, Klatt, Torres and Gomez were recorded present.

 

Public Hearing to Consider the Issuance of Revenue Bonds for the Franciscan Mobile Home Park – A.  Resolution Supporting the Issuance of Revenue Refunding Bonds for the Franciscan Mobile Home Park

 

            Mayor Gomez stated this scheduled public hearing is being held in order to comply with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended for today’s joint public hearing.  The hearing is being conducted pursuant to a notice published on November 10, 2007 in the Peninsula Examiner.

 

            The purpose of today’s public hearing is to allow the public to voice their approval for or against the issuance by Daly City Housing Development Finance Agency of one or more series of revenue bonds, in an aggregate principal amount not to exceed $60 million, on behalf of Franciscan Park, LLC, a California limited liability company whose sole member is Corporate Fund for Housing, a nonprofit 501(c)(3) corporation, or another nonprofit 501(c)(3) corporation affiliated with or related to Corporate Fund for Housing, referred to in this hearing as the ‘Borrower’.

 

            The Bonds are being issued pursuant to a plan of financing to provide proceeds (i) to assist the Borrower in prepaying an existing loan to the Agency which will result in the refunding of all or a portion of the revenue bonds issued in 2002 by the Agency for the acquisition and improvement of The Franciscan Mobile Home Park, a 501 unit manufactured home community on approximately 73 acres located at 700 Hoffman Street in Daly City, (ii) to pay certain costs of improvements for The Franciscan Mobile Home Park, (iii) to pay the costs of issuing the bonds, and (iv) to fund necessary reserves for the bonds and The Franciscan Mobile Home Park.

 

            I, as Mayor, will chair the Joint Hearing.  We will first hear a presentation by staff and then hear public testimony.  Individuals wishing to speak on this item are requested to fill out the cards at the front, and submit them to staff.

 

            Director of Finance and Administrative Services Don McVey reviewed the Agenda Report and recommended that the City Council adopt a resolution approving the issuance of revenue refunding bonds in an amount not to exceed $60 million by the Daly City Housing Development Finance Agency to refund a portion of the bonds originally issued by the Agency in 2002 for the acquisition of the Franciscan Mobile Home Park by LINC Franciscan Limited Partnership in order to make certain improvements to the Park and provide for the payment of back property taxes.

 

            Present tonight is Hunter Johnson of LINC Housing, Rick Kiss of Piper Jaffray, Bond Underwriters, Dave Falma of Jones Hall, Disclosure Counsel, and David Brosley of Kelling, Northcross Nobriga, Financial Advisor as well as residents of the Franciscan Mobile Home Park.

 

            Discussion ensued with Staff answering Council’s questions regarding the restructuring of ownership and the effect to the bonds and homeowners if LINC goes bankrupt or becomes insolvent.  Staff also answered concerns in regards to the amount of back taxes owed.

 

            Mayor Gomez asked if there were any written comments and City Clerk Maria Cortes stated there were none.

 

            Mayor Gomez opened the public hearing.

 

            Suzy Kurucz, Chairperson of the Board of Directors and Tessa Bowers, President of the Franciscan Homeowners Association, thanked the Council and Staff for their support.

 

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

 

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

 

            Resolution No. 07-205, Approving the Execution and Delivery of the Indenture of Trust, the Loan Agreement, the Escrow Agreement, the Regulatory Agreement, the Administration and Oversight Agreement, the Bond Purchase Agreement and the Form of Offering Documents; Approving the Issuance of one or more Series of the Agency’s Revenue Refunding Bonds (Franciscan Mobile Home Park Acquisition Project) to Refund all of a Portion of the Agency’s Outstanding Mobile Home Park Revenue Bonds (Franciscan Mobile Home Park Acquisition Project) Issued in 2002 to Finance the Acquisition of the Franciscan Mobile Home Park, and to Finance Certain Improvements Thereto; and Authorizing Other Actions in Connection with the Foregoing Transactions

 

End of Joint Session

 

            It was moved by Councilmember Klatt, seconded by Councilmember Torres and carried to adjourn the Joint Session with the Daly City Housing Development Finance Agency.

 

            Mayor Gomez reconvened the remainder of the City Council Meeting at 8:08 P.M.

 

Approving Fifth Amendment to the Franchise Agreement for Integrated Waste Management Services with Allied Waste and Setting Maximum Collection Rates

 

            Director of Finance and Administrative Services Don McVey gave a PowerPoint presentation on the improvements to the solid waste franchise.  Mr. McVey stated the City has been negotiating with Allied Waste since 2004 and due to a number of changes in Allied management we had been unable to move forward and make progress in improving our program.

 

            During that time, the California State Integrated Waste Management Board has issued a Compliance Order to the City for failure to meet the diversion rates that are required by AB939. We have also received a number of customer complaints.

 

            We have been trying to accomplish three major goals: improve service, enhance recycling to meet the AB939 Mandate and a fair price for ratepayers.

 

            We engaged Hilton, Farnkopf & Hobson to help in the negotiations with Allied.  The City denied a couple of rate increase requests, denied assignment of franchise from BFI to Allied, issued a notice of default and notice of continued default.  We were able to begin significant progress when Allied submitted a new proposal for services as requested in the guidelines of Hilton, Farnkopf & Hobson.

 

            Assistant to the City Manager Joseph Curran outlined the history, goals, and the mandated changes to improve the City’s recycling program.  Mr. McVey outlined the rate setting process and service changes, the franchise terms and the additional items that can be recycled.

 

            Discussion ensued with Staff answering the Council’s concerns regarding the replacement of the old recycling bins, the size of the new containers and access to garbage can.  Staff also answered Council’s concerns regarding a credit rebate process if Allied Waste reaches its profit limit, if there are any liquidated damages as part of the agreement and does AB 939 mandate the size of the containers.

 

            Councilmember Christensen provided information on the garbage discount and utility exemption for qualified low income seniors and people with disabilities.  Councilmember Christensen requested that the filing period be opened the first year for low income seniors.

 

            Mr. McVey stated it would require a separate action by Council.  We follow the State guidelines for the Housing Assistance Program.

 

            Councilmember Christensen proposed that we send the 32 gallon container to the 12% households who use less than 6 units of water in a two month period.

 

            Mr. McVey informed the Council that we received 94 written protest letters out of approximately 23,500 accounts.

 

            Mayor Gomez opened the public hearing.  Mayor Gomez had three written comments in protest letters to the Council.

 

            Sean Pate on behalf of Bill Pate submitted a senior citizen recycler’s petition against the garbage rate increases and unsafe recycling changes.

 

            The following individuals expressed concerns regarding the rate increase, size of the containers and using inserts, improved service, the need for more education on recycling and garbage service charged when on vacation:

 

            Judy Reed

            Gloriann Jones

            Tom Dickerman, President of the St. Francis Heights Homeowners Association

            Jana Lim

            Florence Powers

            Mrs. O’Rourke

            Harry Hetzer

            Elsa Ramos, representing Southern Hills Homeowners Association

            Richard Roccheta, President of the Hillside Homeowners Improvement Association

            Milagros Alcantara

            Leanne Young

            Dan Begovich, Danco Real Estate

 

            Further discussion ensued with Staff answering the public’s concerns.

 

            Tony Boccaleoni, General Manager, Allied Waste Services stated the new services are being put into effect towards the success of the new recycling program.  The solid waste industry is changing.  It is going away from solid waste to recycling as its future.  There will be options made available.  The 40% rate increase is not for the traditional collection of the 32-gallon can.  This is for an inclusive service of the weekly collection and same day collection of trash, recyclables and yard waste.

 

            In response to Councilmember Guingona’s question regarding suspended service when on vacation, Mr. Boccaleoni was willing to work with staff to look at the pros and cons and perhaps present something to Council at a later date.

 

            City Clerk Maria Cortes stated for the record the correct total of letters received in opposition of the rate increase is 223.

 

            It was moved by Councilmember Torres, seconded by Councilmember Christensen and carried to close the public hearing.

 

            It was moved by Councilmember Torres, seconded by Councilmember Christensen and carried to continue this item to the meeting of December 10, 2007, for further review on the comments made tonight.

 

COMMUNICATIONS:

 

Variance and Environmental Assessment for a Lot Line Adjustment between Two Existing Lots Resulting in Lot Size below Permitted Minimum at 930 Brunswick Street and 121 Irvington Street

 

            Senior Planner Tatum Mothershead gave a PowerPoint presentation on the project site and reviewed the applicant’s, Ignacio Lopez, request for a variance to record a minor lot line adjustment between two existing lots located at 121 Irvington Street and 930 Brunswick Street. The lot line adjustment would allow the lot at 121 Irvington Street to have the same depth as other lots fronting Irvington Street.  The lot depth at 930 Brunswick Street would be similar to adjacent lots fronting Brunswick Street.

 

            Typically lot line adjustments are processed by staff.  The reason this is before the Council this evening is that this lot line adjustment results in both lots not conforming to the minimum lot size requirements for R-1.  R-1 for this neighborhood requires that the lot be a minimum of 2,500 square feet and the lot size at 121 Irvington Street would be 2,326 square feet and at 930 Brunswick Street would be 2,250 square feet.  This lot line adjustment while it does not create conformance to the lot size, it does not exacerbate any other non-conformities on the site.

 

            The Planning Commission recommended that the City Council approve Variance V07-2, subject to the findings and conditions in this report.

 

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

 

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

 

            Resolution No. 07-206, Affirming Categorical Exemption (CEQA), Adopting Findings of Fact and Imposing Conditions of Approval on Variance (V07-2) to Record a Lot Line Adjustment Between Two Existing Lots (930 Brunswick Street and 121 Irvington Street)

 

            It was moved by Councilmember Guingona, seconded by Councilmember Torres and carried to approve Variance V07-2, subject to the Conditions of Approval.

 

Use Permit and Environmental Assessment for Operation of a Car and Truck Rental Business with Incidental Sales at 7255 Mission Street

 

            Mayor Gomez stated this is a request to withdraw the application for a use permit.

 

            It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried to accept applicant’s request to withdraw his application.

 

Authorizing Extension of Tentative Map for Minor Subdivision MS05-3 for an additional 12 Months at 72 Mateo Avenue

 

            Senior Planner Tatum Mothershead stated the City Council approved a lot split at 72 Mateo Avenue in September 2005.  The existing lot was 8,740 square feet and the proposal was to create two lots, each of which would be approximately 4,370 square feet that would currently meet our minimum lot size standards.

 

            The applicant is requesting an extension because the property owner passed away and there were some issues in settling the estate so there have been some delays in recording the map.  Staff has reviewed the request and is recommending that the map be extended.

 

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

 

            Resolution No. 07-207, Approving Extension of Tentative Map for Minor Subdivision MS05-3 for an Additional Twelve Months Re: Subdivision Located on the West Side of Mateo Avenue Between Vale and School Streets

 

ORDINANCES:

 

First Reading of an Ordinance Adopting New Model Building Codes with Local Amendments:

2007 California Administrative Code

2007 California Building Code

2007 California Electrical Code

2007 California Energy Code

2007 California Fire Code

2007 California Mechanical Code

2007 California Plumbing Code

2007 International Property Maintenance Code

2006 International Existing Building Code

 

            City Attorney Rose Zimmerman stated for the record this was noticed and published as a public hearing.

 

            Chief Building Supervisor/Building Official Val Mandapat introduced the 2007 Edition of the California Building, Electrical, Energy, Mechanical and Plumbing Codes, including the 2006 International Property Maintenance Code and International Existing Building Code.

 

            The State of California recently published the 2007 Model Codes, which will become effective January 1, 2008.  The California codes are based on the 2006 International Building Code, International Fire Code, International Plumbing and Mechanical Code and the 2005 Edition of the National Electrical Code.

 

            By adopting the 2007 building codes, Daly City will be enforcing codes that are consistent with the State regulations.  The new codes reflect changes in technology, fire safety techniques and the building industry.

 

            Mr. Mandapat reviewed the proposed changes to the Municipal Code outlined in the Agenda Report.

 

            Deputy Fire Chief/Fire Marshall Steven Brandvold introduced the 2007 California Fire Code based on the 2006 International Fire Code.  These are companion documents to the building, mechanical and plumbing codes.  The 2007 Fire codes do not really propose any significant changes.  It is generally reformatting new sections.  The amendments proposed are essentially the current amendments that have been in place over the past several years, with no substantial changes.

 

            Mayor Gomez opened the public hearing.

 

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

 

            It was moved by Councilmember Guingona, seconded by Councilmember Torres and carried that Ordinance No. 1336 be read by title only by the City Attorney.

 

            Councilmember Guingona introduced the following ordinance:

 

            Ordinance No. 1336, Amending Title 15 of the Daly City Municipal Code, by Repealing and Adding Chapters 15.00, 15.08, 15.12, 15.14, 15.16, 15.20, 15.24, 15.28, 15.60 thereof, as Set Forth in Sections 1 through 14 herein after; Providing for Regulating the Construction, Alterations, Installation, Conversion, Repair, Moving, Demolition, Abatement, Occupancy, Equipment, Materials, Use, Height, Area, and Maintenance of all Buildings and Structures in the City of Daly City; Providing for Administrative Procedures, Issuance of Permits and Collection of Fees Therefore, Providing for Penalties for Violations and Providing for Fire Safety Regulations

 

PUBLIC APPEARANCES/ORAL COMMUNICATIONS:

 

            There were no reports.

 

APPOINTMENTS:

 

Board/Commission Membership-Committee Appointments

 

            It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried to reappoint Susan Salamy to the Planning Commission with term expiring September 11, 2010.

 

REPORTS:

 

Council Committee

 

            The Council Committees reported on the following:

 

            Conceptual Review CR07-09 Conceptual Review for the Establishment of a Car and Truck Rental Business with Incidental Sales at 7255 Mission Street (Withdrawn by Applicant) (Klatt/Gomez)

 

            Conceptual Review CR07-5 Renewal of an Existing Conceptual Review Permit (CR04-19) for the Temporary Operation of a Catering Truck Located at 6854 Mission Street (Klatt/Gomez)

 

City Council

 

            Mayor Gomez gave a report on the November 7, 2007 North County Fire Authority Board of Directors meeting.  Mayor Gomez stated she was elected Chair of the Board for 2008 and Councilmember Guingona was elected Vice-Chair.

 

            Mayor Gomez also reported on the JPA Pre-Hospital Ambulance meeting she attended.  She volunteered to be on a committee that will work with the Executive Committee on negotiations with the San Mateo County for a new ambulance contract.  We approved financial assistance to the Woodside Fire Protection District and Pacifica for their ambulance staffing programs.  We also approved a budget amendment for the hiring of a new executive director to replace the retiring director.  The new acute life support agreement ALS will be worked on by a separate committee.

 

            Councilmember Klatt reported on the Air District meeting she attended and tonight is our 2nd Spare the Air Night.

 

Staff

 

            There were no reports.

 

            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 10:30 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 Torres, seconded by Councilmember Klatt and carried to adjourn the meeting in memory of Donald Manning, Pilar Francisco, Catherine Claire Pacelli, Dr. George Riba and Virginia S. Wales.

 

 

                                                                                                                                                           

                                                                                                                       City Clerk

 

Approved as submitted, this         14th        

 

day of               January                    , 2008.

 

 

                                                                 

                          Mayor