Minutes - December 8, 2008

CITY OF DALY CITY

MINUTES – REGULAR MEETING - CITY COUNCIL

DECEMBER 8, 2008

 

            The meeting was called to order by Mayor Torres at 7:04 P.M.

 

ROLL CALL:        Councilmembers Present:

 

                              Sal Torres, Mayor

                              David J. Canepa

                              Maggie Gomez

                              Michael P. Guingona

                              Carol L. Klatt

 

                              Staff Present:

 

                              Patricia E. Martel, City Manager

                              Kerry E. Burns, Assistant City Manager

                              Rose L. Zimmerman, City Attorney

                              K. Annette Hipona, City Clerk

 

PRESENTATIONS:

 

Lions International Peace Poster Contest Awards

 

            Marian Mann presented the winners of the 2008 Lions International Peace Poster Contest.  This year’s theme was “Peace Begins with Me”.  The schools that participated were Ben Franklin, Fernando Rivera, Garnet Robertson, Holy Angels, Our Lady of Mercy and Thomas R. Policita Intermediate Schools.  Maria Oliveros, a student from Fernando Rivera Middle School is the winner for the Lions District 4C4 Peace Poster Contest for 2008-2009.  Her poster has been forwarded for competition in the multi-district.  Tonight, the awards will be given to the winners from Holy Angels School and Our Lady of Perpetual Help.  The other schools will receive their awards at the upcoming Jefferson Elementary School Board Meeting.

 

            Ms. Mann expressed appreciation for the Board Members of the Jefferson Elementary District, the Bayshore School District and City Council for supporting this project.  Sponsors for this year’s contest are Duggan’s Serra Mortuary, Lucky Chances Card Room, Serra Bowl, First National Bank of Northern California and the Proaño Family.

 

            Mayor Torres presented an award to 2nd place winner Riofa-Gean Fernandez, and 1st place winner Giselle Marston from Our Lady of Perpetual Help; and 2nd place winner Joann Bove and 1st place winner Kristen Cepriano from Holy Angels School.

 

            Mayor Torres introduced Adam Duran and Mateo Rizzo, who were in the audience.

 

APPROVAL OF MINUTES:

 

Regular Meeting of October 27, 2008

 

            It was moved by Councilmember Guingona, seconded by Councilmember Gomez and carried to approve the minutes of October 27, 2008.  Councilmember Canepa abstained on the minutes of October 27, 2008.

 

 

APPROVAL OF AGENDA:

 

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

 

 

CONSENT AGENDA

 

RESOLUTIONS:

 

Amending Agreement with First Five Commission of San Mateo County to Accept and Appropriate $75,000 in New Grant Funding for Our Second Home Program

 

            Resolution No. 08-193, Authorizing Approval of Amendment to Agreement with the First Five Commission of San Mateo County and the Appropriation of Funding for the Daly City Peninsula Partnership Collaborative Early Child Resource Center – Our Second Home

 

Accepting Notice of Completion for Generator Installation At Reservoir 5 Pump Station

 

            Resolution No. 08-194, Accepting Completion of Certain Project (Generator Installation at Reservoir 5 Pump Station)

 

Commending Mark Baker Upon His Retirement

 

            Resolution No. 08-195, Commending Mark Baker on the Occasion of his Retirement

 

Resolution Declaring Certification of Official Canvas of Votes Cast

 

            Resolution No. 08-196, Declaring the Results of the General Municipal Election Held in the City of Daly City on November 4, 2008

 

Amending Traffic Regulations

 

            Resolution No. 08-197, Establishing Traffic Regulations

 

            1.      Install Stop signs on Warwick Street at Shipley Avenue (TSR 09/25).

            2.      Designate 10 feet No Parking (red) curb along the north curb of Abbot Street, west of the school driveway and 15 feet red curb along the north curb of Abbot Street, east of the school driveway at 575 Abbot Street (TSR 09-26).

            3.      Designate 100 feet passenger loading/unloading (white) zone, 10 feet west of the school’s driveway at 575 Abbot Street.  Loading zone to be effective between 8:00 am – 8:30 am and 2:30 pm – 3:15 pm on school days. (TSR 09/27).

            4.      Modify the hours of the existing passenger loading/unloading zone in the afternoon for the time period between 1:30 and 3:00 pm on school days at 725 Southgate Avenue (TSR 09-37).

 

END OF CONSENT AGENDA

 

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

 

 

PUBLIC HEARINGS:

 

Community Development Needs and Authorizing the Solicitation of Request for Proposal of Community Development Block Grant (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.  After consideration of this input, the Council will consider adopting a resolution, which identifies funding categories with funding percentage ranges for the City’s Community Development Block Grant (CDBG) and HOME Programs for Fiscal-Year 2009-10.

 

            These funds are allocated by the Department of Housing and Urban Development (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.  In addition to the CDBG funds, the City also receives HOME funds that may be used for affordable housing development.

 

            The staff has received a written correspondent from the St. Francis Heights Association urging the City to encourage high density development near BART Stations.  It further urges the City to invest in transit and a variety of public services, such as free bus service and bicycle routes to encourage reduction in car use.

 

            The agenda report outlines the funding categories and percentage range of appropriations that are recommended for adoption for Fiscal-Year 2009-2010.

 

            Mayor Torres opened the public hearing.

 

            The following individuals expressed 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

            Holly Fulghum-Nutters, Program Manager for Project Read

 

            Tami Cardenas, representing Second Harvest Food Bank

 

            Joy Dickinson, Grants and Contracts Manager for Community Overcoming Relationship Abuse (CORA)

 

            Lois Ward, HIP Housing, 364 S. Railroad Avenue, San Mateo

            Shirley Gibson, Housing Attorney at the Legal Aid Society of San Mateo County

            Kimberly Gillette, representing Daly City Youth Health Center

 

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

 

 

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

 

 

            Resolution No. 08-198, 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 2009-2010

 

Supplemental Law Enforcement Services (SLES) Funds (Request for Continuance)

 

            Mayor Torres stated there is a request to continue this item to the meeting of January 26, 2009.

 

            It was moved by Councilmember Guingona, seconded by Councilmember Gomez and carried to continue this item to the meeting of January 26, 2009.

 

 

 

COMMUNICATIONS:

 

Use Permit and Environmental Assessment – Amended Conditions to Allow Restaurant Uses in the Commercial Center at 1000 King Drive

 

            Planning Manager Tatum Mothershead stated this is a use permit seeking to amend conditions of a previously approved use permit for a commercial center at 1000 King Drive.  The previous use permit was approved in August of 2006.  The project site is located at the northwest corner of the King Drive and Callan Boulevard intersection near the border with South San Francisco.  The property is zoned C-1 and the use permit that was approved in 2006 was strictly to allow an auto related use at the site.

 

            The applicant is seeking to put in a restaurant in the shopping center.  There was a specific condition to prohibit restaurants because restaurants have a higher parking demand.  Restaurants require one parking space per 125 square feet, where a commercial use requires one per 300 square feet.  At the time, Staff recommended restricting the restaurant use.

 

            The applicant has found a tenant, Subway Sandwich Shop that would like to locate there.  Upon further review, Staff found there is a section in the zoning ordinance that allows 20% reduction for mixed use projects and this is actually a mixed-use project.

 

            The Planning Commission recommends approval of the use permit, subject to the findings and conditions contained in the report.

 

 

 

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

 

 

 

            It was moved by Councilmember Guingona, seconded by Councilmember Gomez and carried to affirm the findings of the Planning Commission as contained in their communication on file in the Office of the City Clerk.

 

 

 

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

 

 

 

            Resolution No. 08-199, Adopting Findings of Fact on Use Permit (UP08-16) Amended Conditions to Allow Restaurant Use in Commercial Center 1000 King Drive, Daly City, California

 

            It was moved by Councilmember Guingona, seconded by Councilmember Gomez and carried to approve UP08-16, subject to Conditions of Approval.

 

 

Annual Financial Report

 

            Director of Finance and Administrative Services Donald McVey reviewed and submitted the Comprehensive Annual Financial Report for the City of Daly City for the year ended June 30, 2008.  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.

 

            Mr. McVey briefly discussed the City’s financial condition during this economic meltdown that is in front of everyone these days.  In January, staff will prepare a thorough six month review and give a more in depth presentation to the City Council.

 

            It was moved by Councilmember Klatt, seconded by Councilmember Guingona and carried to accept the report.

 

 

 

AWARD/REJECTION OF BIDS/CONTRACTS:

 

Rejection of All Bids and Authorization to Rebid 40 Ton Rooftop VAV Unit Replacement for Civic Center North

 

            Director of Public Works John Fuller reviewed the staff’s recommendation to reject all bids for the 40 Ton Rooftop VAV Unit Replacement for Civic Center North Project and authorize the Department of Public Works to solicit new bids for this project.

 

            The two low bids were considered non-responsive due to errors in their bid proposals and the highest bid exceeded funds estimated for this project.

 

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

 

 

            Resolution No. 08-200, Rejecting all Bids and Authorizing Re-Advertisement for the 40 Ton Rooftop VAV Unit Replacement for Civic Center North

 

ORDINANCES:

 

Second Reading - Ordinance No. 1342, Repealing and Replacing Certain Sections of Chapter 17.45 of the Municipal Code Re: Design Review and Repealing and Replacing Section 17.40.140 of the Municipal Code Re: Conditional Use Permit Within the Project Area                                                                                        

 

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

 

 

 

            Ordinance No. 1342, Repealing and Replacing Certain Sections of Chapter 17.45 of the Municipal Code Re: Design Review and Repealing and Replacing Section 17.40.140 of the Municipal Code Re: Conditional Use Permit Within the Project Area

 

PUBLIC APPEARANCES/ORAL COMMUNICATIONS:

 

            Emiliana B. Cabrera, 156/166 Parkview Avenue, Daly City, complained about her neighbor’s tree being too tall and is damaging her building.  She stated she called several city departments and was told they could not do anything about it because there is no tree ordinance.  She asked that the City Council adopt a tree ordinance.

 

            Marian Mann stated the Holiday Decoration Contest is underway and eighteen homeowner associations in Daly City are going to participate as well as the three in Colma.  Ms. Mann encourages everyone to take a tour around Daly City to look at the different decorations, especially those at Ravilla Court.

 

APPOINTMENTS:

 

Board/Commission Membership Committee Appointments

 

San Mateo County Mosquito Abatement District

 

            It was moved by Councilmember Gomez, seconded by Councilmember Canepa and carried to reappoint Christine Fuller to the Board of the San Mateo County Mosquito Abatement District with term expiring December 2012.

 

 

Parks and Recreation Commission

 

            It was moved by Councilmember Canepa, seconded by Councilmember Guingona and carried to reappoint Mary Tevis to the Parks and Recreation Commission with term expiring November 28, 2011.

 

 

 

Planning Commission

 

 

 

            It was moved by Councilmember Canepa, seconded by Councilmember Guingona and carried to reappoint Richard Crump to the Planning Commission with term expiring November 28, 2011.

 

 

 

REPORTS:

 

Council Committee

 

Meetings from November 10 - December 7, 2008

 

            The Council Committee reported on the Design Review Permit DR06-7 Westlake/Mission Street Mixed-Use 6800-6818 Mission Street (Klatt/Guingona)

 

City Council

 

            Councilmember Canepa wanted to recognize the Jefferson JV Football Team going 11-0 and congratulated Coach Ako Poti and Athletic Director Kevin Walker and Lou Silverman.  He also congratulated Reina who is with the Jefferson Boosters.

 

            Councilmember Gomez stated that she and Councilmember Canepa attended the celebration for the Rota Care Clinic and congratulated Rota Care Clinic on its 15 years of operation.

 

            Councilmember Klatt reported on the Christmas Tree Lighting Event and thanked the Department of Parks and Recreation for all the hard work putting it together.

 

Staff

 

            City Manager Patricia Martel reported that the City has received several reports from the vicinity of Menlo and Oceanside of bobcats roaming the streets.  Ms. Martel advised the public if they see a bobcat in the vicinity, go in the house and call the Police Department.

 

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

 

 

 

            The meeting reconvened at 9:00 P.M.

 

 

CLOSED SESSION:

 

            From the 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 Legal Counsel – Anticipated Litigation, pursuant to Government Code Section 54956.9

 

                     Significant Exposure to Litigation to Subdivision (b) of Government Code Section 54956.9

 

                     Number of Cases:            One

 

                     Council updated on current status of potential litigation.  Authority was given to City Attorney to continue negotiations.

 

ADJOURNMENT:

 

            It was moved by Councilmember Klatt, seconded by Councilmember Gomez and carried to adjourn the meeting in memory of Priscilla Benitez Satorre, William Anthony Newhoff, Sharon Fierro, Roy J. Beecher, Thelma Beecher, Ruth Fabela, Neil B. Hammermann and Joe Quigley.

 

 

                                                                                                               K. ANNETTE HIPONA     

                                                                                                                       City Clerk

 

Approved as submitted, this         12th        

 

day of               January                    , 2009.

 

                  SAL TORRES                        

                          Mayor