Minutes - July 28, 2008

CITY OF DALY CITY

MINUTES – REGULAR MEETING - CITY COUNCIL

JULY 28, 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

                           Kelly Schott, Assistant City Attorney

                           Maria E. Cortes, City Clerk

 

PRESENTATIONS:

 

Commending Rita Meriweather for 25 Years of Volunteer Service to the Daly City Community Service Center

 

            Councilmember Torres presented a Certificate of Commendation to Rita Meriweather in recognition of 25 years of dedicated volunteer service to the Daly City Community Service Center.  Ms. Meriweather thanked the Council and introduced her family.

 

            The City Council expressed appreciation for her service to the community.

 

COUNCIL COMMITTEE REPORTS:

 

            There were no reports.

 

APPROVAL OF MINUTES:

 

            There were no minutes.

 

APPROVAL OF AGENDA:

 

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

 

CONSENT AGENDA

 

COMMUNICATIONS:

 

City Treasurer – re: Quarterly Cash and Investment Report

 

RESOLUTIONS:

 

Adopting Updated Peninsula Partnership Staff Salary Schedule with Reclassification of Peninsula Partnership Supervisor Position and Addition of Executive Director Position

 

            Resolution No. 08-112, Approving Updated Peninsula Partnership Staff Salary Schedule by Addition of Executive Director and Reclassification of Peninsula Partnership Supervisor Positions

 

Authorizing the Police Department to Use State Asset Forfeiture Funds to Purchase an Additional 30 Tasers

 

            Resolution No. 08-113, Authorizing Use of Asset Forfeiture Funds for Purchase of Tasers

 

Authorizing City Manager to Execute Professional Services Agreement for Interim Chief of Police

 

            Resolution No. 08-114, Authorizing and Approving Agreement for Interim Police Chief Services

 

Setting Time and Place of Public Hearing – re: Tobacco Retailer Permits, Hearing 08/25/08

 

            Resolution No. 08-115, Setting Time and Place of Hearing Re:  Proposed Revision to the Tobacco Retailer Permit Ordinance Chapter 8.54 of the Daly City Municipal Code (Hearing Date: August 25, 2008, Time: 7:00 P.M.)

 

Accepting and Appropriating a Grant from the Woodlawn Foundation and Authorize the City Manager to Execute the Grant Agreement

 

            Resolution No. 08-116, Approving Receipt of Grant from the Woodlawn Foundation for the Library’s Smartest Card Campaign

 

Authorizing City Manager to Execute Agreement with Pacific Gas & Electric Company to Install SmartMeter Equipment at Selected Streetlight Poles

 

            Resolution No. 08-117, Approving and Authorizing Streetlight License Agreement with Pacific Gas and Electric Company (PG&E)

 

Accepting Notice of Completion for Traffic Signal Painting 2008

 

            Resolution No. 08-118, Accepting Completion of Certain Project in the Department of Public Works (Traffic Signal Painting 2008)

 

Setting Time and Place of Public Hearing – re: Proposed Increase in Service Charges, Fees and Fines for Various Services, Permits, Inspections Charges and Enforcement Costs

 

            Resolution No. 08-119, Setting Time and Place of Public Hearing Re:  Proposed Increase in Service Charges, Fees and Fines for Various Services, Permits, Inspections, Charges and Enforcement Costs (Hearing Date: August 25, 2008, Time: 7:00 P.M.)

 

Setting Time and Place of Public Hearing – re: Introduction of an Ordinance of the City of Daly City adding a section to the Daly City Municipal Codes Re: False Alarm Fees

 

            Resolution No. 08-120, Setting Time and Place of Hearing Re:  Proposed Ordinance Adding Section 15.32.220 of Title 15 of the Daly City Municipal Code Re:  False Fire Alarm Fines (Hearing Date: August 25, 2008, Time: 7:00 P.M.)

 

Proposing New APCM Classifications of Systems Analyst and Information Services Administrator

 

            Resolution No. 08-121, Authorizing Establishment of Systems Analyst and Information Services Administrator Positions

 

Amending Traffic Regulations

 

            Resolution No. 08-122, Establishing Traffic Regulations

 

1.      Designate No Parking (Red) Zone along the north curb of Shakespeare Street (elevated portion), west of Rhine Street to the City limits.

2.      Remove the west most metered parking space on the south side of Hillcrest Drive in front of 35 Hillcrest Drive and designate 23-feet passenger loading/unloading (White) zone along the south side of Hillcrest Drive, commencing east of the crosswalk fronting 35 Hillcrest Drive.

3.      Remove 40 feet long No Parking Zone along the south curb of Gambetta Street, west of the curb return at Melissa Court.

 

END OF CONSENT AGENDA

 

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

 

PUBLIC HEARINGS:

 

Renewal of Daly City’s Local National Pollutant Discharge Elimination Safety (NPDES) Stormwater Regulatory Fee

 

            Interim Director of Public Works Patrick Sweetland stated Daly City has utilized Ordinance No. 1219, a regulatory fee to finance local specific responses to meet the federal and state mandated National Pollutant Discharge Elimination Safety (NPDES) Program since 1995.

 

            Those costs were noted as part of the recent bi-annual budget of the Street Division in the amount of $449,000.  The City focused on preventive maintenance to keep catch basins free and clear of litter and debris, abatement of litter and debris on private property, to clean, repair and maintain catch basins and implement weather response.  The fee amount is noted in the report of six predominant land uses in the community and these remain unchanged.  With Council’s concurrence, Staff will process this charge with the County Controller for inclusion in this year’s property tax roll.

 

            Mayor Klatt opened the hearing.

 

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

 

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

 

            Resolution No. 08-123, Maintaining Regulatory Fees Necessary to Fund the City’s Local Specific Stormwater Management Plan Program Activities as to the National Pollutant Discharge Elimination System (NPDES) and Authorizing their Collection on the Property Tax Roll

 

COMMUNICATIONS:

 

Major Subdivision, Use Permit and Environmental Assessment to Obtain Condominium Map Approval for Mixed-Use Project at 2665 Geneva Avenue (El Rancho Market Site)

 

            Associate Planner Michael Van Lonkhuysen reviewed the request by Margaret Berlese, Attorney, representing Fergus O’Sullivan, to obtain condominium map approval to allow 72 residential condominium units and three retail units at the building previously approved and presently under construction at 2665 Geneva Avenue, between Rio Verde and Calgary Streets. The map is a requirement of the Conditions of Approval that were adopted at that time.  This application implements the requirement that the Council imposed at the time of the project zoning approval that a condominium be approved at some point.

 

            The residential units range in size of 715 square feet to 1,564 square feet.  The commercial space range in size of 466 square feet to 1,119 square feet for the two smaller retail space and about 10,000 square feet for the larger retail space.

 

            Mr. Van Lonkhuysen reviewed the following four key Conditions of Approval:  Establish a Property Owners Association (POA), prepare a Maintenance Plan and Parking Management Plan and Affordable Housing Agreement.

 

            Councilmember Torres asked that the POA by-laws, the parking management plan and the CC&Rs be submitted at the same time to the City Attorney before the recordation of the final map.

 

            Fergus O’Sullivan, applicant, agreed with Councilmember Torres’ request.

 

            Councilmember Christensen asked if the park-in-lieu fees are still in negotiation, and Mr. Van Lonkhuysen said the park in-lieu fee is set by city code.  The code allows for some adjustments.  It is currently being negotiated, but it will not exceed the $598,000.

 

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

 

            Resolution No. 08-124, Affirming Mitigated Negative Declaration (CEQA); Adopting Findings of Fact and Imposing Conditions of Approval on Major Subdivision (SUB08-1) and Use Permit (UP08-11) to Construct a Mixed-Use Building (2665 Geneva Avenue)

 

            It was moved by Councilmember Christensen, seconded by Councilmember Gomez and carried to approve Major Subdivision SUB08-1 and Use Permit UP08-11, subject to the Conditions of Approval.

 

Approval and Adoption of Revised Joint Powers Agreement for the Housing Endowment and Regional Trust (HEART) of San Mateo County

 

            City Manager Patricia Martel stated the Housing Endowment and Regional Trust (HEART) was established in San Mateo County in 2003 as a Joint Powers Authority to fund affordable housing throughout San Mateo County.  There are twenty members of the Joint Powers Authority including the County of San Mateo.

 

            HEART has successfully invested $5.2 million towards developing new housing or preserving existing housing for nearly 500 families and leveraging $83 million in funding from outside sources since 2003.  In addition, HEART has established a $2.5 million revolving loan fund to assist with the construction of rental developments; for sale developments; and legal second units to single family residences or in-law apartments.

 

            There were several primary changes reflected in the revised JPA that occurred at the request of several member agencies.  The JPA was revised to provide greater clarification to the mission and role of HEART in the development of housing.  The revised JPA also elucidates that HEART will only assume debt if it is secured by a dedicated funding source or other security, such as real property.

 

            Since the JPA was established, it has applied to the Internal Revenue Service for 501(c)(3) tax-exempt status.  In order to comply with all the requirements to receive the destination of the 501(c)(3), specific language had to be included in the revised JPA that specified that HEART has a charitable purpose, which is to develop affordable housing.

 

            Finally the name of the JPA was changed from the Housing Endowment and Trust (HEAT) to the Housing Endowment and Regional Trust (HEART).

 

            It is recommended that the Council re-commit support for HEART by approving and adopting the revised JPA.

 

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

 

            Resolution No. 08-125, Approving and Adoption of Revised Joint Powers Agreement for Housing Endowment and Regional Trust (HEART) of San Mateo County

 

RESOLUTIONS:

 

Authorizing the Police Department to Procure Replacement Computer Aided Dispatch/Records Management System and Related Document Imaging System and Appropriation of Funds

 

            Police Captain Cory Roay reviewed and recommended that the City Council authorize the Police Department to procure an automated Computer Aided Dispatch and Records Management System (CAD/RMS) and related document imaging system from SIRE Technologies/Alpha Corporation along with associated hardware and system software from Hewlett Packard and Microsoft, other miscellaneous items, and appropriation of funds.

 

            Captain Roay discussed a number of significant and costly issues that have developed from the continuing use of the current system for CAD/RMS.  He discussed the significant advantages the RIMS CAD/RMS system from Sun Ridge Systems over the current system and the significant advantages that SIRE paperless Document Imaging System provides.  He stated adequate fund balance is available in the General Fund to complete this purchase.

 

            Discussion ensued with Staff answering Council’s questions.

 

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

 

            Resolution No. 08-126, Authorizing to Procure Replacement Computer Aided Dispatch/Records Management System (CAD/RMS) and Related Documented Imaging System and Appropriation of Funds

 

AWARD OF BIDS/CONTRACTS:

 

Authorizing Execution of Contract for Purchase and Installation of Land Management Computer Software and Related Computer Hardware in the amount of $574,668

 

            Director of Finance and Administrative Services Donald McVey stated this is an authorization to purchase Land Management (Building, Planning, Code Enforcement and Business License) software from EnerGov Solutions, and professional services, as well as Geographic Information System component to tie into our existing maps that are maintained by the Engineering Division.

 

            Director of Economic and Community Development Richard Berger explained that Economic & Community Development has been using MuniBase since 1987 to store our building permits and service request/code enforcement information.  The City also does work orders through it.  The current system does not have the Planning work, such as entitlements, use permits, design reviews and conditions of approvals in it.

 

            This new system adds a building permit module, a code enforcement module, and a planning entitlement permit module to it.  Instead of going in and out of programs, staff and customers will be able to retrieve everything on an address just by clicking it.  All the information that is in our current system will be converted into the new system so we will not lose that information.  Once under contract, it will take roughly 9 to 12 months to install.

 

            Councilmember Torres asked if we are buying the software or leasing the software.  Mr. McVey stated we are leasing all the equipment.  Councilmember Torres asked what hardware are you leasing from Hewlett-Packard.  Mr. McVey stated it is basically the server hardware and backup hardware as well as the tape media.

 

            Councilmember Christensen inquired to the transfer of data from MuniBase to the new system.  Mr. McVey stated the professional services agreement with EnerGov will provide the data conversion of the existing data into the new system.

 

            Councilmember Christensen asked what kind of public access will there be and Mr. Berger stated there would be web access with general information.

 

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

 

            Resolution No. 08-127, Authorizing Execution of Contracts for Purchase and Installation of Land Management Software and Related Computer Hardware

 

Award of Purchase Contract and Authorizing City Manager to Execute Agreement with Jefferson Union High School District for the Purchase and use of Five Ten-Passenger Vans

 

            Director of Parks and Recreation Michael Stallings stated the City received one bid for the purchase of five ten-passenger vans with flex-fuel options.  Staff recommends that the City Council award the bid to San Francisco Ford Lincoln Mercury of South San Francisco in the amount of $133,624.25 and approve the cooperative agreement with the Jefferson Union High School District for the use of the vans.

 

            The Pacific Forest and Watershed Lands Stewardship Council awarded the City and the Jefferson Union High School District grant funds in the amount of $150,000 to purchase passenger vans in support of youth programs.  This grant allows for the transportation of teens and limited intergeneration use.

 

            With approval of the Stewardship Council, two closed trailers will be purchased from the remainder of the grant to allow for transport of equipment and supplies when needed for youth activities.

 

            Councilmember Christensen asked what the flex-fuel option is.  Mr. Stallings stated these vans will be able to use alternative fuels as they become available.

 

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

 

            Resolution No. 08-128, Authorizing Execution of Purchase Contract with San Francisco Ford Lincoln Mercury for the Purchase of Five Vans and Approving a Cooperative Agreement with Jefferson Union High School District

 

PUBLIC APPEARANCES/ORAL COMMUNICATIONS:

 

            Gloriann Jones, representing Skyline Palisades Residents Association, thanked the Council for the placement of two new Port-a-Potty facilities at Palisades Park and Northridge Park.


APPOINTMENTS:

 

Board/Commission Membership-Committee Appointments

 

Personnel Board

 

            It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried to appoint Laurie Rose De Leon to the Personnel Board to fill the unexpired term of July 28, 2014.

 

REPORTS:

 

Council Committee

 

            The Council Committees reported on the following:

 

            Conceptual Review CR08-12: Use Permit UP08-8 Design Review DR08-7 Modification of a ground mounted cabinet sign to include a changing copy reader board sign (Klatt/Guingona)

            Conceptual Review CR08-11: 10 New Single Family Homes at the St. Francis Square Shopping Center (Guingona/Klatt)

            Conceptual Review CR08-4: Conceptual Review for the New Construction of a Mixed Use Development Consisting of 10 Residential Condominiums and a 753 square foot Retail Space at 6031 and 6041 Mission Street (Klatt/Guingona)

            Conceptual Review CR08-15:  Martial Arts Studio, 6135 Mission Street (Guingona/Klatt)

 

City Council

 

            Councilmember Christensen asked for a Study Session to consider the adoption of the US Conference of Mayors’ Climate Protection Agreement.  She also asked that it be agendized at a Council meeting.  There is an initiative by the Sierra Club called Cool Cities Campaign.  A number of cities in San Mateo County have signed on, including the County.  She listed the cities that signed on.

 

            Councilmember Christensen reported on new parts of the Brown Act requiring that the documents the Council receives are made available to the public at the same time.  Councilmember Christensen proposed that a Council packet be made available at the main library for public viewing in the evenings and on weekends.

 

            City Clerk Maria Cortes stated the City is working on making all the material available on-line.

 

            City Manager Patricia Martel stated it is our intent to put all our material on-line.  The reason we have avoided making additional copies of packets is that it goes against our green policy.  In the past when we left things in the library, we get little or no public viewing.  There are far more requests for documents in the City Clerk’s Office than in the library.

 

Staff

 

            City Manager Patricia Martel told residents in the Skyline and Palisades neighborhoods that the schedule for the Street Slurry Seal and Cape Seal Program for 2008 is on-line and the schedule will be updated on a regular basis.  The schedule could change due to weather conditions.  There will be disruption throughout this program in the Skyline and Palisades neighborhoods.

 

            People will receive notices alerting them when their neighborhood would be affected. They should move and keep their vehicles out of the neighborhood for the entire day while the work is being done.

 

            Ms. Martel updated the Council on Senate Bill SB1527 that is sponsored by Senator Leland Yee.  If approved by the legislator and signed by the Governor, it would allow the City to enter into negotiation for the purchase of a 13 acre parcel adjacent to the Cow Palace, which we would combine with redevelopment agency land to commence with a 37 acre mixed use project on Carter and Geneva.  It would provide a grocery store to the Bayshore neighborhood and other neighborhood retail services as well as housing

 

            Ms. Martel reported that the North County Fire Authority has sent a strike team from Daly City to assist with fighting the huge fire in the Mariposa area adjacent to Yosemite National Park.  We sent two engines, one from Station 91 and one from Station 94, along with two Battalion Chief.

 

            Ms. Martel announced that there will be a study session on August 4, 2008 at 5:30 p.m. to 7:30 p.m. with a couple of items in open session and one lengthy closed session item.

 

CLOSED SESSION:

 

            Ms. Martel announced tonight’s closed session re:  Conference with Labor Negotiator: Pursuant to Government Code Section 54957.6:  City Negotiator:  Glen Berkheimer/City Manager - Employee Organizations:  Fire Management Association has been cancelled.

 

ADJOURNMENT:

 

            It was moved by Mayor Klatt, seconded by Councilmember Guingona and carried to adjourn the meeting at 8:33 P.M. in memory of Bernice Polonsky.

 

                                                                                                              MARIA E. CORTES             

                                                                                                                       City Clerk

 

Approved as submitted, this         22nd        

 

day of               September               , 2008.

 

                  CAROL L. KLATT                

                           Mayor