Minutes - November 10, 2008

CITY OF DALY CITY

MINUTES – REGULAR MEETING - CITY COUNCIL

NOVEMBER 10, 2008

 

            The meeting was called to order by Mayor Klatt at 7:00 P.M.

 

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

 

PRESENTATIONS:

 

San Mateo County Community Recognition Award in Tobacco Control

 

            Dave Mineta, on behalf of the Tobacco Education Coalition of San Mateo County thanked the Council for its support.  Mr. Mineta introduced Derek Smith, San Mateo County Health Department from the Tobacco Education Coalition, Leona LaPinto, Supervisor of Asian American Recovery Services, Anthony Cox and Zaro Lozano, Members of the Stay Safe Youth Coalition.

 

            Derek Smith, Leona LaPinto, Anthony Cox and Zaro Lozano presented the San Mateo County Community Recognition Award in Tobacco Control to the City Council and City Attorney Rose Zimmerman in recognition of their commitment to the advocating for the health of San Mateo County residents through efforts to increase community understanding of the harms of tobacco and second hand smoke; advocating for the implementing of stricter tobacco retail licenses and non-smoking community events and researching and analyzing data for policy reform.

 

            The City Council expressed appreciation for all the work that was put in.

 

Serramonte Homeowners Association

 

            Peter Jalgunas, Serramonte Homeowners Association, stated we are here to present a check to the City in the amount of $3,500 for a monument for the Filipino American Soldiers.

 

            Susan Rojas, President of the Serramonte Homeowners Association presented a check in the amount of $3,500 to Mayor Klatt for the Filipino American Soldiers monument.

 

            Mayor Klatt thanked the Serramonte Homeowners Association for this check.

 

COUNCIL COMMITTEE REPORTS:

 

            There were no reports.

 

APPROVAL OF MINUTES:

 

Regular Meetings of September 22 and October 13, 2008

 

            It was moved by Councilmember Guingona, seconded by Councilmember Gomez and carried to approve the minutes of September 22 and October 13, 2008.

 

 

 

APPROVAL OF AGENDA:

 

 

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

 

 

CONSENT AGENDA

 

RESOLUTIONS:

 

Authorizing Daly City Fire Code Amendment Readoption and Reinsertion

 

            Resolution No. 08-185, Authorizing Daly City Fire Code Amendment Re-adoption and Reinsertion

 

Accepting Notice of Completion for City Sports Courts’ Resurfacing and Repair Project

 

            Resolution No. 08-186, Accepting Completion of Certain Project in the Department of Parks and Recreation (City Sports Courts’ Resurfacing and Repair)

 

Resolution Adopting Salary and Deferred Compensation Adjustment for City Manager

 

            Resolution No. 08-187, Adopting Salary and Deferred Compensation Adjustment for City Manager

 

Authorizing Execution of Professional Services Contract with Property and Evidence Consultants, Inc. for Police Property/Evidence Room

 

            Resolution No. 08-188, Authorizing Expenditure from California Supplemental Law Enforcement Service Grant for Records Management System for Police Property/Evidence Room

 

Setting Time and Place for Public Hearing - re: Supplemental Law Enforcement Service (SLES) Funds Hearing 12/08/08

 

            Resolution No. 08-189, Setting Time and Place for Public Hearing on Expenditure Plan for Use of Allocated Funds Under the State of California Citizens’ Option for Public Safety Program (COPS) Supplemental Law Enforcement Service Fund (SLES) Grant, Hearing 12/08/08 – 7:00 P.M.

 

Authorizing Budgetary Adjustments:

 

            Resolution No. 08-190, Authorizing Budgetary Adjustments and Appropriations for Fiscal Year 2007-2008

 

            A.     Allocation of Fuel and Tire Surcharge to Departments for the 2007-08 Fiscal Year

 

CHECK REGISTERS:

 

            Check Registers for the Month of October 2008

 

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:

 

Termination of the Commercial Vehicle Permit Parking Zone on the South Side of Pierce Street

 

            Director of Public Works John Fuller stated the south side of Pierce Street, between Edgeworth Street and Bryant Street, is currently designated for Commercial Vehicle Parking. The construction of the Monarch Village site at 165 Pierce Street will begin in November 2008 and will require the use of the Commercial Vehicle Parking fronting the property.  Once the construction is completed, the Commercial Vehicle Parking zone on Pierce will be closed to the residences.

 

            The existing Commercial Vehicle Parking zone on Callan Boulevard, between Serramonte Boulevard and Hickey Boulevard, can accommodate displaced vehicles from the loss of the Commercial Vehicle Parking zone on Pierce Street.

 

            Staff recommends that the City Council terminate the Commercial Vehicle Parking Zone on the south side of Pierce Street and adopt a resolution to revise the Commercial Vehicle Permit Parking Zones, all to take effect November 17, 2008.

 

            Mayor Klatt opened the public hearing.

 

            Tony Medrano, representing Medrano Delivery, was not opposed to terminating that Commercial Vehicle Parking Zone but was concerned about being ticketed every time he switches his vehicles either in the morning or when he returns in the evening.

 

            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 Christensen and carried by unanimous roll call vote to adopt the following resolution:

 

 

            Resolution No. 08-191, Terminating Commercial Vehicle Parking Zone on the South Side of Pierce Street

 

Zone Text Amendment and Environmental Assessment to Amend Certain Sections of the Zoning Ordinance Pertaining to the Requirements for Conceptual Review and Design Review Approval - City wide

 

            Planning Manager Tatum Mothershead gave a PowerPoint presentation and reviewed the City’s application for zone text amendment to amend certain sections of the zoning ordinance pertaining to the requirements for conceptual review and design review approval.  During budget study sessions, the proposed increases to the fees were reviewed with City Council.  On August 25, 2008, the City Council adopted the revised City fees.  The increases will bring the City closer to full costs recovery and reflect the true cost of service.

 

            A majority of the Planning application fees were increased as part of the revised City fees. Additionally, the revised fee schedule established new categories of applications with corresponding fees, which require either the creation of new processes in the Code or modification of the existing processes outlined in the Code.  This Zone Text Amendment is to address those necessary Code changes that will result in consistency between the revised planning fees and the zoning ordinance.

 

            The overall purpose of Conceptual Approval is to establish the work that is being done by the applicant is in conformance with the Agency’s legal plan.  The purpose of Design Review is to promote good design and site relationships.  Currently, all projects that are requiring design review are all processed the same way and are reviewed by the Design Review Committee. While there is a distinction in fee between ‘major’ and ‘minor’ Design Review applications, there is no distinction in process.  The revised City fees incorporated revised Design Review application fees and established a new category of Administrative Design Review.  This category would allow the approval of very minor exterior modifications to be approved by the Director of Economic and Community Development.

 

            The revised Design Review application fees will make a distinction between Major Design Review and Minor Design Review.  Major Design Review projects are those that require design review but are not processing concurrent entitlements.  Minor Design Review applications consist of applications that are processing concurrent entitlements and that may have a lesser aesthetic impact.  The City Council will retain the authority to, at its discretion, require an additional and separate review by the Design Review Committee, should they feel there will be a significant aesthetic impact, thus necessitating a more detailed design review.

 

            Councilmember Torres referred to page 6, the section regarding replacing 17.45.120, listed that major design review shall be required for the following three projects; Councilmember Torres was concerned if we needed some kind of catch all phrase other than just the three listed in the report.

 

            Mayor Klatt opened the public hearing.

 

 

 

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

 

 

 

            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 Christensen, 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 Christensen, seconded by Councilmember Gomez and carried by unanimous roll call vote to adopt the following resolution:

 

 

            Resolution No. 08-192, Affirming Categorical Exemption (CEQA), Adopting Findings of Fact on Zone Text Amendment (ZTA08-1) to Amend Certain Sections of the Zoning Ordinance Pertaining to the Requirements for Conceptual Review and Design Review Approval

 

            It was moved by Councilmember Guingona, seconded by Councilmember Torres and carried that Ordinance No. 1342 be read by title only by the City Attorney.

 

 

 

            Councilmember Guingona introduced 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

 

 

 

ORDINANCES:

 

Second Reading - Ordinance No. 1341, Adding Chapter 8.58 to the Daly City Municipal Code, Regarding Shopping Cart Management, Removal, Impound, Retrieval and Disposal

 

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

 

 

 

            Ordinance No. 1341, Adding Chapter 8.58 to the Daly City Municipal Code, Regarding Shopping Cart Management, Removal, Impound, Retrieval and Disposal

 

 

 

PUBLIC APPEARANCES/ORAL COMMUNICATIONS:

 

            Holly Montgomery, representing Serramonte Del Rey District, was concerned about the safety of the junction of Serramonte Del Rey at 699 Serramonte Boulevard.  She is in the process of getting a formal petition.  She has contacted SamTrans and the Department of Public Works for their involvement.  She has available space for signatures.

 

            The following individuals expressed appreciation for Councilmember Christensen service to Daly City:

 

            Betty Schultz, Daly City

            Gloriann Jones, representing Skyline Palisades Resident Association

            Sylvia Alvarez-Lynch, representing Neighbors for Responsible Redevelopment and Daly City Original Protective Association

            Sandor Halasz and Giuliana Halasz, Daly City

            Richard Brugger, Daly City

            Wallace Moore, Daly City

 

            Jim Strasser, Daly City expressed appreciation for City Clerk Maria Cortes’ service to Daly City.

 

            Marian Mann stated November 25th is the 15th Annual Turkey Bowl at the Serra Bowl.  Ms. Mann will send letters to the homeowners associations regarding selecting the winners of this year’s Holiday Decoration Contest.  Ms. Mann thanked Councilmember Christensen and City Clerk Maria Cortes for their service.

 

APPOINTMENTS:

 

Board/Commission Membership Committee Appointments

 

            There were no appointments.

 

REPORTS:

 

Council Committee

 

            The Council Committee reported on the following:

 

            General Plan Steering Committee (Christensen/Klatt)

            North County Fire Authority Meeting (Gomez/Klatt)

 

City Council

 

            Mayor Klatt stated last Friday was the Project Read trivia in which Daly City had several teams. The Council’s team made the first round.  Two of the Daly City’s teams won.  The Finance Information Guys won First Place and the Daly City Parks and Recreation Softball team won Third Place.  Mayor Klatt reported that the Design Charette was very informative.

 

            Councilmember Guingona congratulated Councilmember Torres on his successful run for City Council and for being the top vote getter.  Councilmember Guingona thanked Councilmember Christensen for her passion and commitment to Daly City.  Councilmember Guingona commended David Canepa on his successful bid for City Council.

 

            Councilmember Christensen thanked the people who came tonight.  It was good to hear that you were happy with the work I have done.

 

Staff

 

            City Manager Patricia Martel reported on Saturday, November 8, the City of Daly City in partnership with the San Mateo Chapter of the American Institute of Architects, held the Mission Street Urban Design Charette that focused on the future of Mission Street, during which 150 people participated.  The San Mateo Chapter of the American Institute of Architects will compile all the information that was developed at the Charette into a public document.  We will then schedule a presentation at a City Council study session.

 

ADJOURNMENT:

 

            It was moved by Councilmember Christensen, seconded by Councilmember Guingona and carried to adjourn the meeting at 8:08 P.M. in memory of Walter Riney, Virginia Bermingham, Lois Ciluffo, Diane Gee, Yan Vanderwerff and Angelina Ciucci.

 

 

 

                                                                                                               TERESA M. RICCI             

                                                                                                                Assistant City Clerk

 

Approved as submitted, this         12th        

 

day of               January                    , 2009.

 

                     SAL TORRES                     

                          Mayor