Minutes - May 12, 2008

CITY OF DALY CITY

MINUTES – REGULAR MEETING - CITY COUNCIL

MAY 12, 2008

 

            The meeting was called to order by Mayor Klatt at 7:02 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:

 

Commending Andrew Comstock

 

            Councilmember Guingona presented a Certificate of Commendation to Andrew Comstock in recognition of his contribution to the Daly City community.

 

Introduction of Ms. Esperanza M. Tilghman, Consular Officer, American Embassy Islamabad, Pakistan

 

            Mayor Klatt introduced Ms. Esperanza M. Tilghman who is a graduate from our local schools, Ben Franklin Elementary School and Jefferson High School.  She is a Consular Officer with the American Embassy in Islamabad, Pakistan.  Ms. Tilghman gave a brief background on her education and her duties as a Consular Officer in Islamabad, Pakistan.  She stated in April 2009 she will be heading to Jerusalem to work as a Public Diplomacy Officer.  Ms. Tilghman thanked the Council and introduced her family.

 

Proclamation for Older Americans Month

 

            Councilmember Torres presented a proclamation proclaiming the month of May 2008 as Older Americans Month to Earl and Virginia Wilson and Lilia and Rudolfo Palma in appreciation and respect to all of our older Americans.  Mr. and Mrs. Wilson and Mr. and Mrs. Palma thanked the Council.

 

Proclamation for National Public Works Week

 

            Councilmember Gomez presented a proclamation proclaiming the week of May 18 - 24, 2008, as National Public Works Week to Interim Director of Public Works Patrick Sweetland.

 

COUNCIL COMMITTEE REPORTS:

 

            There were no reports.

 

APPROVAL OF MINUTES:

 

            There were no minutes.

 

APPROVAL OF AGENDA:

 

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

 

CONSENT AGENDA

 

            Mayor Klatt requested that Item No. 2, Authorizing the City Manager to Execute Two Encroachment Permits Between the San Mateo County Transit District and the City of Daly City for the Use of the SamTrans Parking Lot at D Street and Junipero Serra Boulevard and Item No. 3, Authorizing the City Manager to Execute Two Contracts and Agreements Between Butler Amusements, Inc., and the City of Daly City, Daly City Rotary Club, and Daly City Host Lions Club, be taken at the end of the Consent Agenda.

 

COMMUNICATIONS:

 

Approving Plans and Specifications, Affirming CEQA Determination and Authorizing Solicitation of Bids for Street Slurry Seal/Cape Seal 2008, Gellert Park Parking Lot, and Callan Boulevard and Southgate Avenue Bike Route

 

RESOLUTIONS:

 

Authorizing Investment of City Monies in Local Agency Investment Fund

 

            Resolution No. 08-60, Authorizing Investment of Monies in the Local Agency Investment Fund

 

Accepting and Appropriating Funds from Silicon Valley Community Foundation to Augment the Emergency Services Budget of the City of Daly City Community Services Center                                        

 

            Resolution No. 08-61, Accepting Agreement Between Silicon Valley Community Foundation and the Daly City Community Services Center

 

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

 

            Resolution No. 08-62, Approving Funds and Appropriate Funding From the Santa Clara/San Mateo County Second Harvest Food Bank

 

Adopting Composite Summary Memorandum of Understanding between the City of Daly City and Daly City Firefighters’ Union Local No. 1879

 

            Resolution No. 08-63, Adopting Composite Summary Memorandum of Understanding with the Daly City Firefighters’ Union Local 1879, International Association of Firefighters, (IAFF) (Firefighters, Fire Engineer Operators, and Fire Captains) (August 1, 2007 through July 31, 2009)

 

Adopting Composite Summary Memorandum of Understanding between the City of Daly City and A.F.S.C.M.E., Local 829

 

            Resolution No. 08-64, Adopting Composite Summary Memorandum of Understanding with AFSCME Local 829 (July 1, 2007 through June 30, 2010)

 

Amending Traffic Regulations

 

            Resolution No. 08-65, Establishing Traffic Regulations

 

1.            Designate existing passenger loading (white) zone in front of 101 Vista Grande Avenue during the hours from 9 AM to 1 PM on Sundays

 

2.            No Parking (red curb) zone along the east curb of Lake Merced Boulevard

 

3.      Designate Parking Stalls, Loading/Unloading Zone and No Parking zone west curb along Park Plaza Drive

 

END OF CONSENT AGENDA

 

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

 

RESOLUTIONS:

 

Authorizing the City Manager to Execute Two Encroachment Permits Between the San Mateo County Transit District and the City of Daly City for the Use of the SamTrans Parking Lot at D Street and Junipero Serra Boulevard

 

            Assistant to the City Manager Joseph Curran recommended that the City Council authorize the City Manager to execute an encroachment permit between the San Mateo County Transit District (SamTrans) and the City of Daly City for the use of the SamTrans’ parking lot at D Street and Junipero Serra Boulevard.

 

            The encroachment permits will allow the City, in conjunction with the Daly City-Colma Rotary Club and the Daly City/Colma Host Lions Club, to host carnivals at the site from June 10 to June 16, 2008 and October 14 to October 20, 2008.

 

            Mayor Klatt recued herself on this item as she is the Co-President of the Daly City/Colma Host Lions Club.  Councilmember Christensen recued herself as she is a member of the Daly City/Colma Host Lions Club.

 

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

 

            Resolution No. 08-66, Approving Two Encroachment Permits with San Mateo County Transit District (SamTrans) (Re: Fundraising Carnival June 10 – 16, 2008 and October 14 – 20, 2008)

 

Authorizing the City Manager to Execute Two Contracts and Agreements Between Butler Amusements, Inc., and the City of Daly City, Daly City Rotary Club, and Daly City/Colma Host Lions Club

 

            Assistant to the City Manager Joseph Curran recommended that the City Council authorize the City Manager to execute contracts and agreements with Butler Amusements, Inc. for the production and operation of two carnivals held in June and October.

 

            Mayor Klatt, as Co-President of the Daly City/Colma Lions Club, stated the Lions Club went into partnership with the Daly City/Colma Rotary Club and Daly City Parks and Recreation Department to have these Carnivals.  The money that the Lions Club receives goes into our budget for eye care for the children in this community and to send deaf children and low income families to summer camp.  The money that the Rotary Club receives is used to keep them in operation at Seton Medical Center.  I believe the City benefits from our clubs and the money it receives from these carnivals.

 

            Councilmember Christensen was concerned about the City’s liability in case of an accident or injury and wanted to make sure that the City was not making itself liable.  We need to be sure that any contract we sign protects us.

 

            In response to Councilmember Christensen’s concern, City Manager Patricia Martel stated the Council has routinely approved similar agreements in order to facilitate these annual carnivals.  The City Attorney and I will review all documents and make any changes to those documents to insure that the City is not placed in any liability as a result of this activity.

 

            Ms. Martel explained the reason the City gets involved is because SamTrans requires another public entity to enter into the encroachment permit.  The Rotary Club and the Lions Club provides a Certificate of Insurance to minimize the City’s liability.

 

            Mayor Klatt recued herself on this item as she is the Co-President of the Daly City/Colma Host Lions Club.  Councilmember Christensen recued herself as she is a member of the Daly City/Colma Host Lions Club.

 

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

 

            Resolution No. 08-67, Authorizing Contracts and Agreements Between Butler Amusements, Inc., and the City of Daly City, Daly City Rotary Club and Daly City/Colma Host Lions Club (Re: Fundraising Carnival June 12 – 15, 2008 and October 16 – 19, 2008)

 

PUBLIC APPEARANCES/ORAL COMMUNICATIONS:

 

            The following individuals expressed opposition to the Light Brown Apple Moth (LBAM) aerial spraying and urged the Council to adopt a resolution opposing LBAM spraying:

 

            Frank Egger, Fairfax

            Glen Chase, Professor Systems Management, Moss Landing

            Janice Morris, Daly City

            Linda Abbey, Burlingame

            Trude Gebin, Daly City

            Sharon Loehs, Pacifica

            Kharami Sunato, Daly City

 

            Linda Abbey submitted a petition to stop the spray, the March 2008 Fact vs. Fiction report by Harder Rosendale LBAM New Zealand and a list of coalition of twenty-three cities that passed a resolution opposing the spray.

 

            Sharon Loehs read a letter from Harvard Robins, MD, expressing opposition to the aerial spraying, and submitted a copy of an article in the Pacifica Tribune newspaper regarding the passing of a resolution to stop the spray.

 

            Councilmember Torres asked what the active ingredient is in the pesticide.  Mr. Chase stated it is a toxic synthetic pesticide pheromone that is produced in a pesticide chemical factory.

 

            Councilmember Gomez asked what kind of symptoms was reported.  Mr. Chase stated they reported symptoms of respiratory and muscle ache.  The most serious symptom was an eleven month old boy who went into respiratory failure and had to be revived.

 

            Councilmember Christensen asked if it is possible to direct staff to bring such a resolution before the Council for discussion.

 

            Sylvia Alvarez-Lynch stated that Daly City Police Officers were over worked, and are working without a contract.  Ms. Alvarez-Lynch urged the Council to settle with the police officers.

 

            Vaughn Jones, President of Skyline Palisades Resident Association, announced their spring election meeting is Saturday, May 17th at 2:00 p.m. at the Korean Central Presbyterian Church at 50 Northridge Avenue.

 

            Mr. Jones expressed his concern regarding the issuance of a permit by the Planning Department to install a monopole tower to be built at Westmoor High School.  He stated that this issue was approved without public overview and a public hearing. 

 

            He was also concerned about the City’s failure to inform the Homeowners Associations in the area and the Jefferson School District on this matter.

 

            City Manager Patricia Martel explained that the City provided a notice to property owners within 300’ of this location.  We also sent a memo to the Council outlining the action to be taken.  The reason there was no public hearing is that the proposed monopole is on public owned property.  The school district has the authorization in conjunction with the administrative use permit to make that decision.  Mr. Jones was advised that he could submit a written appeal to the Planning Commission.

 

            Councilmember Torres asked if anyone can write an appeal and Ms. Martel stated anyone within 300’.

 

            Councilmember Christensen suggested sending an email notifying the Presidents of the Homeowners Associations when something of interest is proposed as a general policy.

 

            Ms. Martel stated we can email notices to the Presidents of the respected Homeowners Association as long as there is no expectation that every member of the homeowners group that is not within 300’ will get notification.

 

APPOINTMENTS:

 

Board/Commission Membership-Committee Appointments

 

Parks and Recreation Commission

 

            It was moved by Councilmember Torres, seconded by Councilmember Gomez and carried to appoint Howard Edelman to the Parks and Recreation Commission to fill the unexpired term of Leah Berlanga.  Term expires August 28, 2009.

 

REPORTS:

 

Council Committee

 

            The Council Committee reported on the Community Development Block Grant Advisory Committee Allocation of Fiscal Year 2008-09 Community Development Block Grant Funds to Community Overcoming Relationship Abuse (CORA). (Klatt/Gomez)

 

City Council

 

            There were no reports.

 

Staff

 

            City Manager Patricia Martel announced that the Regular City Council meeting of May 26, 2008 is cancelled due to the Memorial Day holiday.  The next meeting will be held on June 9, 2008.  Ms. Martel also announced that the City Council will be holding Budget Study Sessions on June 2, June 11, June 16 and June 17 at 5:30 p.m. to 7:30 p.m.

 

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

 

            The meeting reconvened at 9:00 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 Legal Counsel – Litigation

                        Government Code Section 54956.9

                        Workers’ Compensation Litigation

                        Gary Comisky v. City of Daly City, WCAB# SF479419,

                        SF459799, SF449635, SF416623; CIV 467827

 

            City Council updated on status of case and authorized continued negotiations for final settlement.

 

            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 Torres, seconded by Councilmember and carried to adjourn the meeting in memory of Dominador Castanares, Mary V. Halverson, David Poland, Jr., Alice Gonzalez and Lilly Nethercott.

 

 

                                                                                                                 MARIA E. CORTES          

                                                                                                                       City Clerk

 

Approved as submitted, this         14th        

 

day of               July                          , 2008.

 

 

                  CAROL L. KLATT                

                          Mayor