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Minutes - December 10, 2007

CITY OF DALY CITY

MINUTES – REGULAR MEETING - CITY COUNCIL

DECEMBER 10, 2007

 

            The meeting was called to order by Mayor Klatt at 7:22 P.M.

 

PLEDGE TO THE FLAG:

 

            Vaughn Jones led the Pledge to the Flag.

 

ROLL CALL:     Councilmembers Present:

 

                           Carol L. Klatt, Mayor

                           Judith A. Christensen

                           Maggie Gomez

                           Michael P. Guingona

                           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

 

COUNCIL COMMITTEE REPORTS:

 

Solid Waste/Recycling Committee

 

            The Council Committee (Torres/Christensen) reported on the Solid Waste/Recycling Committee Meeting.

 

APPROVAL OF MINUTES:

 

Regular Meetings of September 24, 2007 and October 8, 2007

 

            It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried to approve the minutes of September 24, 2007 and October 8, 2007.  Councilmember Guingona abstained on the minutes of September 24, 2007.

 

APPROVAL OF AGENDA:

 

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

 

CONSENT AGENDA

 

            Mayor Klatt requested that Item 11, Commending Mohinder P. Sharma Upon His Retirement be taken at the end of the Consent Agenda.

 

RESOLUTIONS:

 

Authorizing New Position of Police Intern II at Range H109

 

            Resolution No. 07-208, Authorizing Establishment of Police Intern II Position to the Police Department for Fiscal Year 2006-2008

 

Authorizing Execution of Professional Services Contract with Brown & Caldwell for Reservoir 2B Expansion Project

 

            Resolution No. 07-209, Approving and Authorizing Execution of Professional Services Agreement with Brown and Caldwell

 

Authorizing Execution of a Lease Agreement with ADT Security Services, Inc. for the Use of Office Space on the Ground Floor at Civic Center North (350 – 90th Street)

 

            Resolution No. 07-210, Authorizing Execution of Lease Agreement with ADT Security Services and the City of Daly City (350 – 90th Street, Daly City, California)

 

Authorizing the City Manager to Execute a Renewal Lease with 355 Gellert Boulevard, LLC for the Continued Operations of the Daly City Business Center at 355 Gellert Boulevard, Suite 230

 

            Resolution No. 07-211, Authorizing Execution of Lease Between the City of Daly City and 355 Gellert Blvd., LLC Re: Business Center

 

Authorizing Execution of an Extension of Lease Agreement with the State of California, Department of General Services for the Rental of the Second Floor at Civic Center North (350 – 90th Street)

 

            Resolution No. 07-212, Authorizing Execution of Lease with the State of California, Department of Health Services (350 – 90th Street, Daly City, California)

 

Authorizing Resident Manager Agreement for Lawson Hall at 135 Accacia Street

 

            Resolution No. 07-213, Authorizing Execution of Lease and Resident Manager Agreement for a Portion of Lawson Hall (Apartment)

 

Acceptance and Appropriation of the California Association Food Banks Food Stamp Outreach Program Stipend from Santa Clara/San Mateo County Second Harvest Food Bank                                               

 

            Resolution No. 07-214, Approving Budget Transfer to Appropriate Funding from the Santa Clara/San Mateo County Second Harvest Food Bank

 

Authorizing Updated City Credit Card Authorization and Increase in Credit Line with First National Bank

 

            Resolution No. 07-215, Authorizing an Increase in the Line of Credit to $55,000 for the City of Daly City  Corporation MasterCard and Update Credit Card Authorization

 

Adopting a Resolution Directing City Lobbyist to Request State Legislators to Draft Legislation Declaring the 1-A District Agricultural Association, Commonly Known as the “Cow Palace” As Surplus Property

 

            Resolution No. 07-216, Directing City Lobbyist to Request State Legislators to Draft Legislation Declaring the 1-A District Agricultural Association, a State Agency of the California Department of Food and Agriculture’s Division of Fairs and Expositions, Commonly Referred to as the “Cow Palace” As Surplus Property

 

Commending Mike Huculak Upon His Retirement

 

            Resolution No. 07-217, Commending Michael Huculak on the Occasion of His Retirement

 

Accepting Notice of Completion for Emergency Floor Repairs at the War Memorial Community Center and John Daly Library

 

            Resolution No. 07-218, Accepting Completion of Certain Project in the Department of Public Works (Emergency Floor Repairs at the War Memorial Community Center and John Daly Library)

 

Accepting Notice of Completion for War Memorial Community Center

 

            Resolution No. 07-219, Accepting Completion of Certain Project in the Department of Public Works (War Memorial Community Center and John Daly Library)

 

Authorizing Submittal of Applications for Transportation Development Act, Article 3 (TDA) Grant Funds for Certain Pedestrian Improvements

 

            Resolution No. 07-220, Authorizing Submission of a Grant Applications to the Transportation Development Act, Article 3 (TDA) Re: Pedestrian and Bicycle Improvement Projects (Fiscal Year 2008-2009)

 

CHECK REGISTERS:

 

            Check Registers for the Month of November 2007

 

END OF CONSENT AGENDA:

 

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

 

RESOLUTIONS:

 

Commending Mohinder P. Sharma Upon His Retirement

 

            Mayor Klatt announced that City Engineer Mohinder Sharma is retiring after twenty-one years of service.  Mayor Klatt read the resolution commending Mr. Sharma upon his retirement.

 

            The Council expressed appreciation to Mr. Sharma for his dedicated service.  Mr. Sharma thanked the Council.

 

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

 

            Resolution No. 07-221, Commending Mohinder P. Sharma on the Occasion of His Retirement

 

PUBLIC HEARINGS:

 

Approving Fifth Amendment to the Franchise Agreement for Integrated Waste Management Services with Allied Waste and Setting Maximum Collection Rates – A. Consideration of New Rates for Solid Waste Services and B. Approving Fifth Amendment (Cont’d. from 11/26/2007)

 

            Director of Finance and Administrative Services Donald McVey summarized the action for Council and addressed some of the comments brought up at the previous public hearing by both, Council and members of the public regarding the size of the containers, adequate public education, liquidated damages, vacation credit and mandatory recycling.  The City is trying to deal with the Compliance Order from the Integrated Waste Management Board of the State of California.  We are also trying to improve our recycling program and improve customer service in relation to the collection of garbage, recycling and yard waste.

 

            Mr. McVey summed up the presentation by stating they made a concerted effort to try to craft a program that would meet some significant concerns in the community that would ultimately be successful.  We have tried to incorporate new programs to help with recycling and make it as convenient for everybody as possible so those folks that are not recycling now will recycle.  We have also incorporated everything we can to encourage improved performance by the contractor and to impose penalties if it does not occur.

 

            Gerald Colvin, Daly City, commented on the wording in the notice of public hearing.

 

            Mrs. O’Rourke, Daly City, was still concerned about the inserts in garbage cans that are used in San Jose and the 10 gallon containers that are used in San Mateo that was not addressed.

 

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

 

            Resolution No. 07-222, Setting New Maximum Collection Rates for Solid Waste, Recyclable Materials and Green Waste Material Collection

 

            Resolution No. 07-223, Amending Resolution No. 97-16 Pertaining to Solid Waste Collection and Disposal Rates, Expanding the Commercial and Multi-family Recycling Program and Implementing a Residential Greenwaste Collection Program Pursuant to Franchise Agreement for Integrated Waste Management Services (Amendment No. 5 to Integrated Waste Management Franchise Agreement)

 

Community Development and Housing Needs and Authorizing the Solicitation of Request for Proposal of CDBG Funds

 

            Housing and Community Development Supervisor Betsy ZoBell stated tonight’s Council will be conducting a public hearing to obtain citizen input on Housing and Community Development needs in Daly City.  This input will help the Council as it determines the best use of federal community development and housing funds for Fiscal-Year 2008-09.

 

            In addition, this year the City is required to prepare and submit a Five-Year Consolidated Plan to the Department of Housing and Urban Development (HUD).  Community Development Block Grant funds are allocated by HUD and are intended to be used primarily to benefit low and moderate-income residents and may be used for a variety of activities including housing, public services, infrastructure and economic development.  The City also receives an allocation of federal HOME funds that may be used for housing activities.

 

            Staff has received written correspondence from the Human Investment Project (HIP) that describes the on-going problem of housing affordability in Daly City among renters and increasing homeowners facing foreclosure.

 

            In addition to tonight’s hearing and as we begin to prepare our Five-Year Consolidated Plan, Staff is conducting surveys of both Daly City residents and various providers of public services in order to ascertain current and emergency needs.  The results of these surveys will be included in the Five-Year Consolidated Plan.

 

            Mayor Klatt opened the public hearing.

 

            The following individuals expressed their appreciation to the Council for their support and presented a brief description of services they provide to assist the citizens of Daly City:

 

            Rosa Guerra, representing Shelter Network

            Barbara Jwanouskos, Grants Coordinator for Second Harvest Food Bank

            Susie Shanahan, Outreach Coordinator at Rebuilding Together Peninsula

 

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

 

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

 

            Resolution No. 07-224, Approving and Adopting Funding Categories with Funding Percent Ranges for the City’s Community Development Block Grant Entitlement and the City’s HOME Fund for Fiscal Year 2008-2009

 

Second Reading – 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 – A. Resolution Declaring Findings that Amendments or Modifications are Reasonably Necessary for Local Climactic, Geological or Topographical Conditions and B. Adopt Ordinance

 

            City Attorney Rose Zimmerman stated this is the second reading for adoption of Ordinance No. 1336 amending Title 15 of the municipal code.  State law requires the adoption of a resolution declaring findings and amendments that are reasonably necessary for the local climate, geological and topographical conditions of Daly City.

 

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

 

            Resolution No. 07-225, Declaring its Findings Re: Amendments or Modifications to California Building Code, 2007 Edition, International Existing Building Code, 2006 Edition, International Property Maintenance Code, 2007 Edition, California Mechanical Code, 2007 Edition, California Plumbing Code, 2007 Edition, California Electrical Code, 2007 Edition, California Fire Code, 2007 Edition, and California Energy Code, 2007 Edition, that are Reasonably Necessary for Local Climatic, Geological or Topographical Conditions

 

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

 

COMMUNICATIONS:

 

Annual Financial Report

 

            Director of Finance and Administrative Services Don McVey reviewed and submitted the Comprehensive Annual Financial Report for the City of Daly City for the year ended June 30, 2007.  The report includes all funds and account groups for the City of Daly City as well as the activities of the Daly City Redevelopment Agency and the North San Mateo County Sanitation District.

 

            The City Council contracted for an independent audit of the books of accounts, financial records and transactions of City departments, divisions and functions by the firm of Maze and Associates, Certified Public Accountants.  The audit is complete and the firm's unqualified opinion has been included in the document.

 

            It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried to accept the Comprehensive Annual Financial Report for Fiscal-Year 2006-07.

 

AWARD/REJECTION OF BIDS:

 

Sidewalk, Driveway, Curb and Gutter Improvements 2008

 

            Interim Director of Public Works Patrick Sweetland recommended that the City Council accept all bids, waive minor irregularities, and award a construction contract to J.J.R. Construction, Inc. of San Mateo in the amount of $71,675.  Staff 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 contract documents.

 

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

 

            Resolution No. 07-226, Authorizing Execution of Contract Re:  Sidewalk, Driveway, Curb and Gutter Improvements 2008

 

PUBLIC APPEARANCES/ORAL COMMUNICATIONS:

 

            Z.S. ‘Goldy’ Goldenberg, Daly City was concerned that the parking lot at the Westlake Shopping Center is a disaster and there is no security.  He was also concerned about the lack of parking at the shopping center on the weekends.

 

            Gloriann Jones, representing Skyline/Palisades Residential Association was concerned about a communiqué written from Mike Peterson of the Street Division to Betty Shultz in response to her request for information regarding the removal of a garbage can from the corner of Skyline Drive and Westmoor Avenue.  She was also concerned about SPRA not being included in the decision to remove the can.

 

            Marian Seiki, Daly City stated she spoke before the Council in 2006 requesting a four-way stop sign at Zita Manor, Eastmoor Avenue and Alta Manor, which was denied by the Traffic Safety Committee.  It has been one year since her request, and she asked what she has to do to get a four-way stop sign at this intersection.

 

            Marian Mann, Daly City, spoke on the 8th Annual Holiday Decorations and Colma’s 2nd Annual Holiday Decoration Contest.  She announced that the awards will be distributed at the January 14, 2008 City Council meeting.

 

APPOINTMENTS:

 

Board/Commission Membership/Committee Appointments

 

            There were no appointments.

 

REPORTS:

 

Council Committee

 

            The Council Committees reported on the following:

 

            Conceptual Review CR07-11 – Conceptual Review for the Establishment of a Concrete and Asphalt Recycling Plant on Property Located on the East Side of Carter Street, Between Geneva Avenue and Martin Street (Guingona/Klatt)

            Daly City General Plan Steering Committee Meeting (Christensen/Klatt)

            Design Review Permit DR04-26 Accacia/Velasco – 12 New Single-Family Homes (Guingona/Klatt/Martel)

            Mission Street Committee:  Landmark Project – Financing (Klatt/Guingona)

 

City Council

 

            Councilmember Torres stated the issue of a stop sign at Zita Manor and Eastmoor Avenue is more of a public safety issue and suggested assigning a subcommittee the task to see whether there is cause for a stop sign at this location.

 

            Councilmember Christensen reported on an annual event she attended this weekend at the Broadmoor Presbyterian Church in celebration of the culture of Scotland and the holidays.

 

Staff

 

            There were no reports.

 

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

 

            The meeting reconvened at 9:30 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):

 

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 Gomez, seconded by Mayor Klatt and carried to adjourn the meeting in memory of Philip Scalice, Maureen Ross, Kathy Hausia, Dorothy Maggio, and Frank Powers.

 

                                                                                                                 MARIA E. CORTES          

                                                                                                                       City Clerk

Approved as submitted, this         11th        

 

day of               February                  , 2008.

 

                  CAROL L. KLATT                

                          Mayor