Minutes - June 9, 2008

CITY OF DALY CITY

MINUTES – REGULAR MEETING - CITY COUNCIL

JUNE 9, 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

                           Sal Torres

 

                           Councilmember Absent:

 

                           Michael P. Guingona

 

                           Staff Present:

 

                           Patricia E. Martel, City Manager

                           Kerry E. Burns, Assistant City Manager

                           Rose L. Zimmerman, City Attorney

                           Maria E. Cortes, City Clerk

 

            Mayor Klatt stated that Senator Leland Yee is on his way from Sacramento and will be late.  We will hold his presentation later in the meeting.

 

PRESENTATIONS:

 

Commending Daly City Police Officer Jason Craig

 

            Councilmember Gomez presented a Certificate of Commendation to Police Officer Jason Craig in recognition of dedicated service and heroic life saving actions.  Officer Craig thanked the Council.

 

Commending Library Board of Trustees Member Richard Rocchetta

 

            Councilmember Torres presented a Certificate of Commendation to Richard Rocchetta in recognition of his faithful service to the residents of Daly City as a member of the Library Board of Trustees since his appointment on March 13, 1995.  Mr. Rocchetta thanked the Council.

 

United States Army Week

 

            Mayor Klatt presented a proclamation proclaiming the week of June 9 through June 15, 2008, as United States Army Week to Staff Sergeant Jonathan Stafford and Staff Sergeant Josean Cabrera.  Staff Sergeant Stafford introduced Sergeant First Class Pope.

 

COUNCIL COMMITTEE REPORTS:

 

            There were no reports.

 

APPROVAL OF MINUTES:

 

            There were no minutes.

 

APPROVAL OF AGENDA:

 

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

 

CONSENT AGENDA

 

RESOLUTIONS:

 

Resolution of Intent to Adopt Appropriations Limitation (Gann Limit) for Fiscal Year 2008-2009 on June 23, 2008

 

            Resolution No. 08-68, A Resolution of Intention of the City Council of the City of Daly City to Adopt its Appropriations Limitation for the Fiscal Year 2008-2009 on June 23, 2008

 

Authorization to Apply for a Grant from the California State Library for Baby Boomer Program Funding

 

            Resolution No. 08-69, Authorizing Submitting Grant Application to the California State Library for a Grant from the California State Library Under the Public Libraries and Baby Boomers Grant Program

 

Authorize the City Manager to Execute a Contract for Professional Tutoring Services with Brainfuse Online Tutoring

 

            Resolution No. 08-70, Approving Professional Services Agreement with Brainfuse Online Tutoring

 

Authorizing the Establishment of Administrative Support Technician at Range H112

 

            Resolution No. 08-71, Amending Recurrent and Part-Time Hourly Rates Schedule

 

Call for Daly City Municipal Election on November 4, 2008, Consolidation with San Mateo County in the Statewide General Election and Request for Specified Election Services in Accordance with the Election Code of the State of California

 

            Resolution No. 08-72, Requesting the County Clerk of San Mateo County to Render Specified Election Services in Accordance with the Election Code of the State of California (Consolidation of General Municipal Election with the Statewide General Election of November 4, 2008)

 

Authorizing the City Manager to Execute an Agreement with the Jefferson Elementary School District to Provide Lunches for City of Daly City Parks and Recreation Department Summer Recreation Program Sites

 

            Resolution No. 08-73, Authorizing Execution of Agreement with the Jefferson Elementary School District Re: Summer Food Service Program for Children

 

Authorizing Approval of an Amendment to the Agreement with the First Five Commission of San Mateo County and Appropriate $75,000 in New Funding for Our Second Home Program

 

            Resolution No. 08-74, 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 an Amendment to the Existing Agreement with the County of San Mateo to Accept and Appropriate $67,296 for Mental Health, Nutritional Services and Family Health Worker Services

 

            Resolution No. 08-75, Authorizing Approval of Amendment to Agreement with County of San Mateo Human Services Agency for Our Second Home Program of the Daly City Peninsula Partnership Collaborative (January 1, 2008 through June 30, 2009)

 

Authorizing Submittal of an Application to the California Department of Housing and Community Development (HCD) for Cal HOME Program Funds

 

            Resolution No. 08-76, Authorizing the Submittal of an Application to the California Department of Housing and Community Development for Funding Under the CalHome Program; the Execution of a Standard Agreement if Selected for Funding and any Amendments thereto; and any Related Documents Necessary to Participate in the CalHome Program

 

Adopting Composite Summary Memorandum of Understanding between the City of Daly City and Teamsters Local 856 Clerical Technical Bargaining Unit

 

            Resolution No. 08-77, Adopting Composite Summary Memorandum of Understanding with Teamsters Local 856 Clerical Technical Bargaining Unit (October 1, 2007 through September 30, 2010)

 

Adopting Composite Summary Memorandum of Understanding between the City of Daly City and Teamsters Local 856 Public Safety Dispatchers and Police Assistants Bargaining Unit

 

            Resolution No. 08-78, Adopting Composite Summary Memorandum of Understanding with Teamsters Local 856 Public Safety Dispatchers and Police Assistants (October 1, 2007 through September 30, 2010)


CONSENT AGENDA: Continued

 

RESOLUTIONS: Continued

 

Resolution Adopting Salary Adjustments to the Classifications of Community Development Specialist I/II and Economic Development Coordinator

 

            Resolution No. 08-79, Adopting Salary Adjustments for Community Development Specialist I/II and Economic Development Coordinator to the Economic and Community Development Department

 

Adopting Composite Summary Memorandum of Understanding between the City of Daly City and Teamsters Local 856 Safety Inspectors Bargaining Unit

 

            Resolution No. 08-80, Adopting Composite Summary Memorandum of Understanding with Teamsters Local 856 Safety Inspectors Bargaining Unit (August 1, 2007 through July 31, 2010)

 

Accepting Grant for Demonstration Projects for Sustainable Green Streets and Parking Lots for Stormwater Treatment Improvements at Serramonte Library/Gellert Park Parking Lot

 

            Resolution No. 08-81, Authorizing Accepting Grant for Demonstration Project for Sustainable Treatment Improvements at Serramonte Library/Gellert Park Parking Lot and Appropriating Grant Funds and Authorize Execution of Funding Agreement from City/County Association of Governments of San Mateo County (C/CAG)

 

Authorizing Submittal of Bicycle Facilities Program (BFP) Grant Application for Certain Bicycle Route Improvements

 

            Resolution No. 08-82, Authorizing Executing Bicycle Facility Program (BFP) Grant from the Bay Area Air Quality Management District

 

Resolution Adopting Salary and Other Health and Welfare and Fringe Benefits for Unrepresented/Miscellaneous Employees

 

            Resolution No. 08-83, Adopting Salary Schedule/Benefits for Unrepresented/Miscellaneous Employees Not Represented by an Established Bargaining Unit (September 1, 2007 Through August 31, 2010)

 

END OF CONSENT AGENDA

 

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

 


PUBLIC HEARINGS:

 

Zone Change, Minor Subdivision and Environmental Assessment 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 Third Avenue (near Castle Street)

 

            Associate Planner Michael Van Lonkhuysen reviewed the request by Hui Cong Yu to obtain a zone change and minor subdivision approval to change the zoning from I-D Interim District to R-1 Single Family Residential, and to subdivide one 5,000 square foot lot into two 2,500 square foot lots in conjunction with the new construction of two single family residences at 140 Third Avenue north of East Market Street.

 

            Discussion ensued with Staff answering Council’s questions regarding the square footage of the houses, driveway length, street parking, density and the height of the houses.

 

            Mayor Klatt opened the public hearing.

 

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

 

            It was moved by Councilmember Torres, seconded by Councilmember Gomez and carried that this project will not have a detrimental effect on the environment and instructed that a Negative Declaration be filed.

 

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

 

            Resolution No. 08-84, Adopting Findings of Fact Following Public Hearing Re:  Zone Change (ZC08-1) and Minor Subdivision (MS08-1) to Subdivide One Lot at 140 Third Avenue (Near Castle Street)

 

            It was moved by Councilmember Torres, seconded by Councilmember Gomez and carried that Ordinance No. 1337 be read by title only by the City Attorney.

 

            Councilmember Torres introduced the following ordinance:

 

            Ordinance No. 1337, Amending the Daly City Zoning Map – Rezoning from I-D Interim District to R-1 Single Family Residential Zoning at 140 Third Avenue

 

            It was moved by Councilmember Torres, seconded by Councilmember Gomez and carried to approve Zone Change ZC08-1 and Minor Subdivision MS08-1, subject to the Conditions of Approval.

 

Benefit Assessments for Linda Vista Area of Benefit Fiscal Year 2008-2009: A. Resolution Approving Engineer’s Report and Imposing a Benefit Assessment for Fiscal Year 2008-2009

 

            Interim Director of Public Works Patrick Sweetland recommended that the City Council adopt a resolution approving the Engineer’s Report and the Benefit Assessment for Fiscal Year 2008-2009.  Mr. Sweetland gave a PowerPoint presentation.

 

            Notices of this hearing have been posted, published and mailed pursuant to law.  These proceedings were undertaken pursuant to Council Resolution No. 90-55.  The Engineer’s Report was on file with the City Clerk on May 7, 2008 describing the services to be provided in Fiscal Year 2008-2009, estimate of costs to provide the services, and the basis and schedule of the assessments.  The report has been available for public inspection since that time.

 

            The Linda Vista Assessment areas are comprised of two distinct watershed drainage basins.  The annual cost of maintaining and replacing the drainage facilities is equally assessed on the benefiting lots in each drainage basin.

 

            The proposed assessment for Fiscal Year 2008-2009 per lot is $82.14 for the Linda Vista Detention Basin and $60.60 for the Bay Ridge Detention Basin.  The assessment for FY 2007-2008 per lot was $95.28 for Linda Vista and 64.26 for Bay Ridge.  The reduction in assessments is mainly due to a combination of surplus balance carried over from FY 2007-2008, and anticipated level of service provided by staff.  Such surplus balance is not expected to occur next Fiscal Year.

 

            Mayor Klatt opened the public hearing.

 

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

 

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

 

            Resolution No. 08-85, Approving Engineer’s Report and Imposing a Benefit Assessment for Fiscal Year 2008-2009

 

COMMUNICATIONS:

 

Use Permit and Environmental Assessment to Construct a New Three Story Residential Duplex at 726 Niantic Avenue (near Westlake Avenue)

 

            Associate Planner Michael Van Lonkhuysen gave a PowerPoint presentation on the project site and reviewed the applicant’s request to obtain use permit approval to construct a duplex at 726 Niantic Street.  The site is located on Niantic Avenue, between Westlake and Citrus Avenues.

 

            The property is zoned R-1/A, which allows duplexes with a use permit.  The existing home will be demolished to construct the new duplex.  The new duplex would be approximately 5,225 square feet, three stories and two-unit residential structure. 

 

            Each duplex unit will have three bedrooms and two bathrooms.  The applicant has proposed six off-street parking spaces, two in the driveway in front of the duplex and four tandem parking spaces located inside the garage.  There is one storage area for each unit.

 

            Mayor Klatt was concerned about the use of tandem parking because this is a very heavily impacted neighborhood with parking.

 

            Councilmember Torres asked if the owner was aware that the City was requiring the owner to add a provision in the lease agreement prohibiting the tenant from using the garage for anything other than a car, and that the owner would be required to enforce the provision.

 

            Patrick Mora, applicant, agreed to put the provision in the lease agreement but he was not sure if the tenant would comply.

 

            Councilmember Torres asked that a condition be added that would allow the City to enforce its use permit powers to revoke the use permit if this becomes a problem.

 

            Mayor Klatt stated we received one letter in opposition to the project.

 

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

 

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

 

            Resolution No. 08-86, Adopting Findings of Fact and Imposing Conditions of Approval on Use Permit (UP08-3), to Construct a New Duplex (726 Niantic Avenue)

 

            It was moved by Councilmember Gomez, seconded by Councilmember Torres and carried to approve Use Permit UP08-3, subject to the Conditions of Approval.

 

Use Permit and Environmental Assessment for Operation of a Therapeutic Massage Clinic Franchise at 494 Westlake Center, Suite W101

 

            Associate Planner Michael Van Lonkhuysen gave a PowerPoint presentation on the project site and reviewed the request to operate a franchise therapeutic massage establishment in the Westlake Shopping Center, located along Lake Merced Boulevard.

 

            The floor plan consists of twelve therapy stations.  The applicant has indicated that the hours of operation would be Monday through Friday, 8:00 a.m. to 10:00 p.m., Saturdays 8:00 a.m. to 6:00 p.m. and Sundays 10:00 a.m. to 6:00 p.m.

 

            The City’s municipal code, Chapter 5, also imposes additional regulations beyond the Land Use regulation that are associated with therapeutic massage establishments.

 

            Discussion ensued with the applicant, answering Council’s questions regarding the Foster City and Redwood City franchises’ revenue, type of employee uniforms, and the name of the franchise.

 

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

 

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

 

            Resolution No. 08-87, Adopting Findings of Fact and Imposing Conditions of Approval on Use Permit (UP08-4), to Operate a Therapeutic Massage Clinic Franchise at 494 Westlake Center, Suite W101

 

            It was moved by Councilmember Torres, seconded by Councilmember Gomez and carried to approve Use Permit UP08-4, subject to the Conditions of Approval.

 

PUBLIC APPEARANCES/ORAL COMMUNICATIONS:

 

            Vaughn Jones, President of the Skyline Palisades Homeowner and Resident Association, stated the association is unanimously opposed to the light brown apple moth spraying and urged the Council to pass a resolution in opposition of spraying in Daly City.

 

            Janice Morris, Daly City expressed concern that Daly City has not adopted a resolution opposing the spraying.  Ms. Morris stated the Jefferson Elementary School District has also adopted a resolution opposing the spraying.  She also expressed concerns about a study session with the California Department of Food and Agriculture excluding citizens.

 

            Mayor Klatt stated the Public Appearances/Oral Communications will continue after Senator Leland Yee’s presentation.

 

PRESENTATIONS:

 

State Budget Update

 

            State Senator Leland Yee gave a report on the State’s $15 to $20 billion budget deficit and explained that since the passage of a ballot measure several years ago, the State can no longer balance its budget off of local governments.  Senator Yee stated we have to raise revenue soon because if we do not close the budget no later than August, the State will be out of money.

 

            Senator Yee informed the Council that we will be moving the Cow Palace Bill out in another week.   We are looking at a bill in which the State of California will sell the upper parking lot.  The remaining land within the Cow Palace will be discussed by the highest level of government at a later date.  Senator Yee thanked the Daly City for its help in the revitalization of the Bayshore area.

 

            Discussion ensued with Senator Yee answering Council’s questions.

 

            Mayor Klatt thanked Senator Leland Yee for the update.

 

            Sharon Luehs invited the City Council to the State hearing in Sacramento next Tuesday, June 17th.  State Senator Carole Migden’s bill, SCR87 calling for a moratorium for any aerial spraying of the light brown apple moth.  She submitted a letter from ABHOC, signed by Ann Morris calling for the adoption of the precautionary principle and rejection of aerial spraying and wide spread use of pesticides over the Bay Area.

 

            Jennifer Rossi was opposed to the spraying and read a letter from John Connell, Director of Plan Health and Pesticides Preservation.

 

            Linda Abbey, representing Golden Years Senior Club of Colma/Daly City, submitted a petition asking to stop the spray that will start as early as August 17th.  She also submitted a list of twenty-nine cities and three counties that are in the coalition of California cities.

 

            Trude Gebin, spoke on the aerial spraying in Daly City.  She submitted a petition with 54 signatures in opposition to spray.  She read a letter from D. J. Canepa urging the Council to take legal action against the State of California if they proceed forward.  Furthermore, he is opposed to any ground spraying.

 

            Lilian Tashiro, representing the Daly City Police Officers Association, submitted a letter from former Daly City Police Officer Brian Pon in support of fair compensation.

 

            Cathy Pantazy, representing St. Francis Heights Homeowner Association, asked the City Council to join neighboring cities in banning the aerial spraying of the light brown apple moth.

 

            Esteban Toscano, Jr., representing Daly City Police Officers Association, explained that he left the department for better compensation.

 

            Cliff Valdenuez, representing Daly City Police Officers Association, explained that he left the department for better compensation.  He urged the Council to give the Daly City Police Officers a fair contract.

 

            City Manager Patricia Martel stated a month ago as a result of a closed session on labor negotiations, the City Council directed the City Manager and the negotiating team to set up another mediation session with the Police Officers Association.  We tried for six weeks to schedule a date with the Police Officers Association but they were not available.  However, they have agreed to meet this Thursday at 9:00 a.m.

 

APPOINTMENTS:

 

Board/Commission Membership - Committee Appointments

 

            There were no appointments.

 

REPORTS:

 

Council Committee

 

            The Council Committees reported on the following:

 

            Conceptual Review CR08-5 Conceptual Review for Ivy Nail and Hair Salon located at 6801A Mission Street (Klatt/Guingona)

            Conceptual Review CR08-6 Conceptual Review for a Laundromat use located at 6801B Mission Street (Klatt/Guingona)

 

City Council

 

            Councilmember Gomez reported on the Kops N Kids event she attended this Saturday.  Councilmember Gomez also reported that the San Mateo County Sheriff’s Office invited her and other Councilmembers who are on the Emergency Services Council to participate in the Emergency Vehicle Operation Course.

 

            Councilmember Christensen reported on the School Safety Patrol event she attended to honor the elementary students of the Jefferson Elementary School District and their parents, teachers and staff.

 

            Councilmember Gomez presented the School Safety Awards at the Fernando Rivera School gymnasium.

 

            Councilmember Torres reported on the Housing Endowment and Renewable Trust (HEART) Committee in San Mateo County’s efforts in raising funds to build more affordable housing in the county.  Daly City combined with the American Baptist Homes is the first city to get a $500,000 grant to build the Senior Housing at the Top of the Hill.

 

            Mayor Klatt reported that the Air District is now promoting “Spare the Air Day” everyday.  In the past, the MTC and the Air District have promoted free public transportation on the Spare the Air Day.  However, they are running out of money.  Mayor Klatt announced that June 19th is a planned Spare the Air Day so the MTC and the Air District can only do one free day this year.  It is also called Dump the Pump Day, which means you should get out of your vehicles and use public transportation.

 

            Councilmember Christensen stated at the last budget session, there was a discussion about having a study session on the Light Brown Apple Moth spraying at which time the CDFA would be making a presentation and that no other presenters would be invited.  Councilmember Christensen was concerned that the CDFA has looked at the evidence and has made up its mind to support the spraying.  Councilmember Christensen encouraged the City to invite scientists and experts on the other side of the issue so the Council can weigh the evidence on both sides and make an informed decision.

 

Staff

 

            City Manager Patricia Martel reminded the public that there will be a Household Hazardous Waste event on Saturday, June 14th at 8:30 a.m. to 12:15 p.m. in the City Hall parking lot.  However, you must make an appointment beforehand by calling the San Mateo County Environmental Health Services Department.

 

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

 

            The meeting reconvened at 11:00 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 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 majority authorized City negotiators to continue negotiations with All Bargaining Units/Unrepresented Employees.

 

ADJOURNMENT:

 

            It was moved by Councilmember Gomez, seconded by Councilmember Torres and carried to adjourn the meeting in memory of Milika Fields, Mika Rose Young, Lee Yuk Choi, Olga Ysela Padilla and Joseph Rideau.

 

                                                                                                              MARIA E. CORTES             

                                                                                                                       City Clerk

 

Approved as submitted, this         25th        

 

day of               August                     , 2008.

 

 

                  CAROL L. KLATT                

                          Mayor