Minutes - April 28, 2008

CITY OF DALY CITY

MINUTES – REGULAR MEETING - CITY COUNCIL

APRIL 28, 2008

 

            The meeting was called to order by Mayor Klatt at 7:05 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:

 

“STAR” Awards

 

            City Manager Patricia Martel stated each quarter we recognize City employees who have been recipients of our Star Awards Recognition Program.  Ms. Martel introduced the following “STAR” awardees:

 

Elena Amaya, Senior Division

Jessica Diaz, Library (2)

Sue Horst, Senior Center

Susan Spector, Senior Division Volunteers

Ragina Ng, Senior Division Volunteers

Merle Sunshine, Senior Division Volunteers

Tere Massey, Senior Division Volunteers

Kent Lau, Senior Division

Peter Nguyen, Library

Mila Mendoza, Senior Division

 

            A list of all awardees is on file in the City Clerk’s Office.

 

COUNCIL COMMITTEE REPORTS:

 

            There were no reports.

 

APPROVAL OF MINUTES:

 

Regular Meetings of March 10 and March 24, 2008

 

            It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried to approve the minutes of March 10, 2008 and March 24, 2008.  Councilmember Torres abstained on the minutes of March 10, 2008.

 

APPROVAL OF AGENDA:

 

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

 

CONSENT AGENDA

 

COMMUNICATIONS:

 

City Treasurer – re: Quarterly Cash and Investment Report

 

RESOLUTIONS:

 

Setting Time and Place of Public Hearing – re: Establishing the Services and Assessments for Linda Vista Area of Benefit for Fiscal Year 2008-2009                                                                                               

 

            Resolution No. 08-53, Setting Time and Place of Public Hearing Re: Approve Engineer’s Report and to Establish the Annual Benefit Assessments for the Linda Vista Area for Fiscal Year 2008-2009, Hearing 06/09/08 – 7:00 P.M.

 

Accepting State Transportation Development Act Grants and Appropriation of Grant Funds for Crosswalk Improvements at Westmoor Avenue/Southgate Avenue and John Daly Boulevard Pedestrian Improvements

 

            Resolution No. 08-54, Authorizing Executing State Transportation Development Act (TDA) Grant and Appropriating Grant Funds in the City’s Capital Improvement Program Budget for Fiscal Year 2008-2009

 

Setting Time and Place of Public Hearing – re: Zone Change ZC08-1 and Minor Subdivision MS08-1 to Change the Zoning from I-D Interim District to R-1 Single Family Residential and to Subdivide One Lot into Two Lots in Conjunction with the New Construction of Two Single Family Residences at 140 3rd Avenue    

 

            Resolution No. 08-55, Setting Time and Place of Public Hearing Before the City Council of the City of Daly City Regarding Proposed Zone Change (ZC08-1), and Minor Subdivision (MS08-1) and Environmental Assessment (140 Third Avenue, Daly City, California) Hearing 06/09/08 – 7:00 P.M.

 

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:

 

Joint Session with the Redevelopment Agency

 

Consideration of a Disposition and Development Agreement (DDA) with Peninsula Habitat for Humanity (PHH) for the Development of a 36-Unit Residential Development Located at 7555 Mission Street    

 

            It was moved by Councilmember Guingona, seconded by Councilmember Torres and carried to table this item.

 

End of Joint Session

 

Consideration of Five-Year Consolidated Plan for FY 2008-13 and One-Year HUD Action Plan for FY 2008-09           

 

            Mayor Klatt opened the public hearing.

 

            Housing and Community Development Supervisor Betsy ZoBell requested that the City Council conduct a public hearing on the HUD Five-Year Consolidated Plan for FY 2008-2013 and the One-Year HUD Consolidated Action Plan for FY 2008-09.  She also asked the City Council to adopt a resolution approving the Five-Year and One-Year plans.

 

            The Five-Year Plan describes community development needs for Daly City and sets priorities for community development activities for the next five years.  The One-Year plan describes actual funding to be allocated to various activities for the coming fiscal year.  The City’s Five-Year Consolidated Plan and One-Year Action Plan were reviewed and recommended by the Community Development Block Grant Advisory Committee, consisting of Mayor Klatt and Councilmember Gomez, who met with Staff on March 4, 2008.

 

            The City received approximately $2,500,000 in request for a total of $1,700,000 in available block grant funds.  A summary of the Committee’s recommendations for specific activities and funding can be found as Exhibit A in the Agenda Report.  In addition to Community Development Block Grant funds for 2008-09, the City will receive a direct allocation of $498,727 in Federal HOME funds.  It is anticipated that these funds will be used to subsidize development of new affordable housing.

 

            All applicants have been notified of the Committee’s recommendations and to date, we have received one phone call from a resident whose question was about the activities undertaken by the various funded public service providers.  In addition, I received an email from North Peninsula Neighborhood Services apologizing for not being here tonight, but thanking the City for its on-going support.

 

            The following individuals expressed appreciation for the Council’s support:

 

            Diane Papan, representing John’s Closet

            Angela Bruno-Castro, representing Mental Health Association - Friendship Center

            Ann Sims, representing Bayshore Child Care, 45 Midway Drive, Daly City

            Melissa Platte, representing Spring Street Shelter, 2686 Spring Street, Redwood City

            Laura Fanucchi, representing Human Investment Project (HIP) Housing, 271 92nd Street, Daly City

            Tippy Irwin, representing Ombudsman Services, 1700 South Amphlett Boulevard, Suite 220, San Mateo

            Denise Kelly, representing North Peninsula Food Pantry, 31 Bepler Street, Daly City

            Susan Takalo, representing Second Harvest Food Bank, 531 Vista Mar, Pacifica

            Holly Fulghum-Nutters and Patty Rosado, representing Project Read, 840 West Orange Avenue, South San Francisco

            Stacey Haver, representing Legal Aid Society of San Mateo County, 521 E. 5th Avenue, San Mateo

            Rea Peterson, representing Project Sentinel, 430 Sherman Avenue, Palo Alto

 

            It was moved by Councilmember Gomez, seconded by Councilmember Torres 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. 08-56, Approving the Proposed Five-Year HUD Consolidated Plan for Fiscal Year 2008-2013 and One-Year Action Plan for Fiscal Year 2008-2009 (July 1, 2008 through June 30, 2009)

 

COMMUNICATIONS:

 

Use Permit, Design Review and Environmental Assessment to Install an 88’ Tall Monopole (Monopine) Tower for a Wireless Facility at 1050 King Drive                                                                                      

 

            Senior Planner Tatum Mothershead gave a PowerPoint presentation on the project site and reviewed applicant’s request for a use permit approval of an 88’ tall monopine pole with support equipment located at the northern end of the Public Storage Facility at the corner of King Drive and Skyline Drive.  The proposed antennas are intended to fill service area gaps within the areas of Daly City, Pacifica and South San Francisco.

 

            Clarence Chavis, representing Ridge Communications on behalf of Verizon Wireless and Russ Bentson, Engineer from Verizon Wireless, applicants, were present to answer Council’s questions regarding the proximity of the pole to residential homes, how many providers to the facility and how the pole would hold up in a wind storm.

 

            In response to Mayor Klatt’s question regarding adding a condition requiring yearly maintenance, Ms. Mothershead stated we could add a condition for maintenance.  We will have them coordinate with City staff when they do the annual inspection.

 

            It was moved by Councilmember Guingona, seconded by Councilmember Gomez and carried with Councilmember Torres voting “No” to concur with the Categorical Exemption under CEQA requirements.

 

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

 

            Resolution No. 08-57, Adopting Findings of Fact and Imposing Conditions of Approval on Use Permit (UP08-2) and Design Review (DR08-2), to Install an 88’ Tall Monopole Tower for a Wireless Facility at 1050 King Drive

 

            It was moved by Councilmember Guingona, seconded by Councilmember Gomez and carried with Councilmember Torres voting “No” to approve Use Permit UP08-2 and Design Review DR08-2, subject to the Conditions of Approval, as amended.

 

Use Permit and Environmental Assessment to Expand the Snack Shop and Retain a Service Bay at an Existing Service Station Located at 1690 Sullivan Avenue near Pierce Street                                                       

 

            Senior Planner Tatum Mothershead gave a PowerPoint presentation on the project site.  The applicant is requesting use permit approval to enlarge a snack shop at an existing gas station as well as maintain a service bay for the purpose of performing smog checks only at 1690 Sullivan Avenue near Pierce Street.

 

            The former owners applied for use permits to allow a mini-market at this location in 1983 and 1987.  Both applications were denied because of  on and off-site circulation issues.  Since these proposals were reviewed, a traffic signal at the intersection at Pierce Street and Sullivan Avenue has been installed.  In 2002 and 2005, the City Council reviewed and approved the use permit applications to expand the snack shop into three service bays.  The applicant never submitted a building permit so the use permits expired.  Since then the applicant has returned with some modified plans for your review.

 

            The proposed plans shows eight parking spaces, two of which are being provided in a parallel configuration at the northern end of the site and an additional six parking spaces are being provided at the southwest corner of the site.

 

            At the time of the previous use permit approvals, there were some requirements for signage and pavement markings to prohibit left hand turns from the driveway on Sullivan Avenue and the applicant has already incorporated those changes in the plan.  But given the senior project that was approved across Pierce Street, staff is further recommending that there not be any left turns from the Pierce Street driveway and the applicant has agreed to that condition.

 

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

 

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

 

            Resolution No. 08-58, Adopting Findings of Fact Following Public Hearing on Use Permit (UP07-14) 1690 Sullivan Avenue, Daly City

 

            It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried to approve Use Permit UP07-14, subject to the Conditions of Approval.

 

AWARD OF BIDS/CONTRACTS:

 

Contract for City Sport Courts’ Resurfacing

 

            Director of Parks and Recreation Michael Stallings recommended that the City Council approve the contract, waive minor irregularities, and award a construction contract to DRYCO, Inc. of Fremont in the amount of $112,050 for resurfacing and repair of the sport courts at Gellert, Westlake and Hillside Parks and authorize the City Manager to execute the construction contract.

 

            DRYCO, Inc. was the only bidder for $57,210.  The bid packet also included specification pages outlining additional alternative work, not included in the base bid.  DRYCO submitted proposals for the additional alternate work for a total of $54,840.  The total cost submitted by DRYCO for the work is $112,050.

 

            Discussion ensued with Mr. Stallings answering Council’s questions regarding if there are other types of material that is more durable and cost effective to use, the life expectancy and safety issues.

 

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

 

            Resolution No. 08-59, Authorizing Execution of Construction Contract with DRYCO, Inc. for City Sport Courts’ Resurfacing and Repair

 

PUBLIC APPEARANCES/ORAL COMMUNICATIONS:

 

            The following individuals spoke in support of the Daly City Police Officers and urged the Council to direct the negotiators to provide a compensation package that is fair and equal:

 

            John R. Noble, representing the Daly City Police Officers Association

            Joe Williams, Daly City Resident

            Mario Santacruz and Jose Guillermo Pinzon, representing Lisa’s Mexican Restaurant

 

APPOINTMENTS:

 

Board/Commission Membership-Committee Appointments

 

            There were no appointments.

 

REPORTS:

 

Council Committee

 

            The Council Committee reported on the General Plan Steering Committee (Christensen/Klatt/Martel)

 

City Council

 

            Councilmember Gomez attended the Office of Emergency Services Council meeting at which time they asked that the City show the “Get Ready San Mateo County” on Disaster Preparedness DVD.

 

            Councilmember Torres announced that HEART is having a luncheon on May 13th to celebrate and to invite new fund raisers to help raise money for affordable housing.

 

            Mayor Klatt commended the City’s firefighters for giving their time to work on a Rebuilding Together project this past weekend.

 

Staff

 

            There were no reports.

 

            It was moved by Councilmember Christensen, seconded by Councilmember Torres 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

            Employee Organization:            Police Officers Association/Police

                                                                        Management Association

 

Conference with Labor Negotiator regarding labor negotiations pursuant to section 54957.6 of the Government Code.  Council majority authorized City negotiators to continue negotiations with Police Officers Association/Police Management Association.

 

B.         Conference with Labor Negotiator:

            Per Government Code Section 54957.6(b)

 

            City Negotiator:                        Glenn Berkheimer

            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 negotiators to continue negotiations with all bargaining units.

 

ADJOURNMENT:

 

            It was moved by Councilmember Christensen, seconded by Councilmember Torres and carried to adjourn the meeting in memory of Jesse Nash, Lucille Herzo and Pravin Pranlal Montipara.

 

                                                                                                                 MARIA E. CORTES          

                                                                                                                       City Clerk

 

Approved as submitted, this         23rd        

 

day of               June                         , 2008.

 

                  CAROL L. KLATT                

                          Mayor