Minutes - August 25, 2008

CITY OF DALY CITY

MINUTES – REGULAR MEETING - CITY COUNCIL

AUGUST 25, 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

 

                           Councilmembers Absent:

 

                           Sal Torres

 

                           Staff Present:

 

                           Patricia E. Martel, City Manager

                           Kerry E. Burns, Assistant City Manager

                           Rose L. Zimmerman, City Attorney

                           Teresa M. Ricci, Assistant City Clerk

 

COUNCIL COMMITTEE REPORTS:

 

            There were no reports.

 

APPROVAL OF MINUTES:

 

Regular Meetings of June 9 and June 23, 2008

 

            It was moved by Councilmember Gomez, seconded by Councilmember Guingona and carried to approve the minutes of June 9, 2008 and June 23, 2008.  Councilmember Guingona abstained on the minutes of June 9, 2008.

 

APPROVAL OF AGENDA:

 

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

 

CONSENT AGENDA

 

            Mayor Klatt stated that Item No. 5, Adopting Budget Appropriation in the Amount of $199,969 for the After School Education and Safety (ASES) Program in Jefferson Elementary School District Schools, Item No. 6, Adopting Budget Appropriation in the Amount of $262,500 for the After School Education and Safety (ASES) Program in the Bayshore Neighborhood and Item No. 9, Accepting Various Grants for the Top of the Hill Improvements Project, would be taken at the end of the Consent Agenda.

 

RESOLUTIONS:

 

Accepting Office of Traffic Safety (OTS) Funding for City of Daly City-Specific DUI Enforcement Program

 

            Resolution No. 08-129, Approving Receipt of Grants from the California State Office of Traffic Safety for the Police Department (DUI Enforcement Program)

 

Accepting Office of Traffic Safety (OTS) Grant for continuing the "Avoid the 23" DUI Traffic Enforcement Program

 

            Resolution No. 08-130, Approving Receipt of Grants from the California State Office of Traffic Safety for the Police Department (“Avoid the 23” DUI Traffic Enforcement Program)

 

Authorizing City Manager to Execute Renewal of Lease Agreement with Pacific Bell Telephone Company (AT&T) for Site at Reservoir 5

 

            Resolution No. 08-131, Authorizing Renewal of Lease Agreement with Pacific Bell Telephone Company (AT&T) and the City of Daly City (Reservoir 5 at 515 Westmoor Avenue)

 

Appropriating Available Building Division Funds in the Amount of $65,000 for Digital Conversion of Microfiche Records

 

            Resolution No. 08-132, Authorizing Appropriation of Available Building Division Funds for Digital Conversion of Microfiche Records

 

Approving Two Year Extension of Continuing Custodial and Maintenance Services Agreement for North County Mental Health Center Located at 380-90th Street

 

            Resolution No. 08-133, Approving Two-Year Extension Maintenance Agreement Re:  North County Mental Health Center (380 – 90th Street, Daly City, California)

 

Setting Time and Place of Public Hearing -- re: Recovery of Costs by Special Assessment

 

            Resolution No. 08-134, Setting Time and Place of Public Hearing Re: Recovery of Costs by Special Assessment Ordinance, Hearing 09/08/08 – 7:00 P.M.

 

Adopting Composite Summary Memorandum of Understanding between the City of Daly City and the Daly City Fire Management Association

 

            Resolution No. 08-135, Adopting Composite Summary Memorandum of Understanding with the Daly City Fire Management Bargaining Unit (August 1, 2007 through July 31, 2010)

 

Accepting and Appropriating Grant Funds from the County of San Mateo Aging and Adult Services for Congregate Nutrition Program, Health Promotion/Disease Prevention Program, and County General Program Support for the Period 7/1/08 - 6/30/09

 

            Resolution No. 08-136, Accepting A Grant from the San Mateo County Aging and Adult Services Department and Authorizing Appropriation of Grant Funds for the Congregate Nutrition Program and Access Community Services/Volunteer Opportunities Program (Doelger Senior Center and Lincoln Park Community Center) (Access Community Services/Volunteer Opportunities Program)

 

Proposed Revisions to Existing Certified Tree Worker Job Specification

 

            Resolution No. 08-137, Adopting Revised Duty Statement for the Position of Certified Tree Worker

 

Proposed Revisions to Existing Police Assistant Job Specification and Proposed Job Specification for New Position of Police Assistant II

 

            Resolution No. 08-138, Adopting Revisions to Police Assistant Job Classification and Proposed New Police Assistant II Classification for the Daly City Police Department

 

Proposed Revision to the Rules and Regulations of the Classified Service as follows:

Rule XII, Sections 6, Transfers

Rule XII, Section 6(b) Transfers (Sworn Fire Personnel)

Rule XVII, Section 6, Sick Leave

Rule XVII, Section 10, Bereavement Leave

Rule XVI, Section 9, Addition of Reclassification Process

 

            Resolution No. 08-139, Amending Rule XII, Re: Transfers, Rule XVII, Re: Sick Leave and Bereavement Leave, and Rule XVI, Re:  Addition of Reclassification of the Rules and Regulations of the Classified Services

 

Authorizing Erasure of Public Safety Radio/Telephone Tape Recordings for April, May and June 2007

 

            Resolution No. 08-140, Authorizing Erasure by the Police Department of Routine Public Safety Radio/Telephone Tape Recordings for April, May and June 2007

 

Resolution Opposing Fiscally Irresponsible State Budget Decisions that Would Borrow Local Government, Redevelopment, and Transportation Funds

 

            Resolution No. 08-141, Opposing Fiscally Irresponsible State Budget Decisions that Would Borrow Local Government, Redevelopment, and Transportation Funds

 

CHECK REGISTERS:

 

            Check Registers for the Month of July 2008

 

END OF CONSENT AGENDA

 

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

 

RESOLUTIONS:

 

Adopting Budget Appropriation in the Amount of $199,969 for the After School Education and Safety (ASES) Program in Jefferson Elementary School District Schools

 

            Director of Parks and Recreation Michael Stallings stated this is a budget appropriation from the State of California Department of Education for the After School Education and Safety Program throughout the Jefferson Elementary School District.  Staff is requesting the City Council to adopt a resolution appropriating $199,969 in grant funds.

 

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

 

            Resolution No. 08-142, Approving Budget Appropriations for the After School Education and Safety Program in Jefferson Elementary School District Schools

 

Adopting Budget Appropriation in the Amount of $262,500 for the After School Education and Safety (ASES) Program in the Bayshore Neighborhood

 

            Director of Parks and Recreation Michael Stallings stated this is a budget appropriation from the State of California Department of Education for the After School Education and Safety Program in the Bayshore neighborhood.  Staff is requesting the City Council to adopt a resolution appropriating $262,500 grant funds.

 

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

 

            Resolution No. 08-143, Approving Budget Appropriations for the After School Education and Safety Program in the Bayshore Neighborhood

 

Accepting Various Grants for the Top of the Hill Improvements Project

 

            Interim Director of Public Works Patrick Sweetland stated Staff is recommending that the City Council accept the various grants totaling over $3,000,000 awarded to the Top of the Hill/Mission Street Improvement Project; appropriate the grant funding to the project and authorize the City Manager to execute the necessary funding agreements.

 

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

 

            Resolution No. 08-145, Approving Receipt of Grants from Various Programs for the Top of the Hill Improvements Project

 

PUBLIC HEARINGS:

 

Revision of City Fees, Charges and Fines

 

            Director of Finance and Administrative Services Don McVey reviewed the City’s fees, charges and fines and recommended that the City Council adopt the revised City fees, charges and fines as outlined in the agenda report.

 

            Most of the City fees, charges and fines have not been adjusted to reflect actual cost in many years.  In conformance with the City Council’s objective of increase recovery of City costs in areas where the benefit of the services is chiefly received by those requesting the service, Public Resource Management (PRM), an independent consulting firm specializing in such studies, was employed to conduct a comprehensive study of the City’s fees, including a cost allocation plan for City overhead.

 

            The new levels of City fees and charges are set at no more than 100% of cost recovery or at the lower statutory rate if one exists.  Costs were determined from the in-depth study performed by PRM.  Revenues from existing fees and charges were determined by PRM based on a five year historical average and were used to help insure that new rates would not exceed the actual costs to provide the services.

 

            Councilmember Christensen stated the fees and charges that have been raised are for very specific services that benefit the person receiving those services.  We are asking people to pay the fair amount for the services they are receiving.

 

            Mayor Klatt opened the public hearing.

 

            It was moved by Councilmember Guingona, seconded by Councilmember Christensen 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. 08-146, Adopting Revision of City Fees, Charges and Fines

 

Ordinance Adding Section 15.32.220 of Title 15 of the Daly City Municipal Code Re: Fire False Alarm Fees

 

            Director of Finance and Administrative Services Don McVey recommended that the City Council introduce an ordinance allowing for the collection of fire false alarm assessment and adopt a resolution setting those false alarm assessment amounts on the second reading of the ordinance.

 

            Mayor Klatt opened the public hearing.

 

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

 

            It was moved by Councilmember Gomez, seconded by Councilmember Christensen and carried that Ordinance No. 1338 be read by title only by the City Attorney.

 

            Councilmember Gomez introduced the following ordinance:

 

            Ordinance No. 1338, Adding Section 15.32.220 of Title 15 of the Daly City Municipal Code Re: False Alarm Penalties

 

Ordinance Repealing Chapter 8.54 of Title 8 of the Daly City Municipal Code Re: Tobacco Retailer Permit and Adding Chapter 8.54 to the Municipal Code Re: Tobacco Retailer Permits

 

            City Attorney Rose Zimmerman recommended that the City Council introduce an ordinance repealing the existing Daly City ordinance in order to be in conformance with the County of San Mateo’s ordinance.  This ordinance authorizes the County to issue business permit licensing for tobacco and authorizes the County through the Department of Public Health, Environmental Health Division to suspend permits, hold hearings for revocation and assess fines and penalties for violators.  We want to maintain consistency with the County and allow a one year permit to have annual renewals.

 

            Mayor Klatt opened the public hearing.

 

            Leonalee Pinto, representing the Asian American Recovery Services and the Stay Safe Youth Coalition, thanked the Council for the support.  She spoke in favor of charging tobacco retailers a yearly fee.

 

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

 

            It was moved by Councilmember Christensen, seconded by Councilmember Gomez and carried that Ordinance No. 1339 be read by title only by the City Attorney.

 

            Councilmember Christensen introduced the following ordinance:

 

            Ordinance No. 1339, Repealing Chapter 8.54 of Title 8 of the Daly City Municipal Code Re: Tobacco Retailer Permit and Adding Chapter 8.54 to the Municipal Code Re: Tobacco Retailer Permits

 

RESOLUTIONS:

 

Amending City Manager’s Authorization to Negotiate Emergency Storm Related Repairs Along John Muir Drive

 

            Interim Director of Public Works Patrick Sweetland stated the City Council previously authorized the City Manager to negotiate and execute a contract for emergency storm related repairs along John Muir Drive.  Based on the scope of work, staff estimated the cost of the repairs at $500,000.  However, the project refinements during the engineering and environmental planning phases have increased the scope of work and overall project cost.  The anticipated cost to complete the repairs has increased to $1.9 million.  Additionally, $200,000 would be reserved to reimburse the City of San Francisco for their direct costs incurred since the storm incident.

 

            Staff is recommending that the City Council increase authorization previously provided to the City Manager and execute a contract for emergency storm related repairs along John Muir Drive, and appropriate $908,538 from the Sanitation District fund balance to cover the cost of the anticipated repairs.

 

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

 

            Resolution No. 08-147, Approving Increase Authorization to Negotiate Emergency Storm Related Repairs Along John Muir Drive

 

Resolution Urging Governor Schwarzenegger to Sign SB 1527 (Yee), Authorizing the Sale of  13 Acres of the 1-A District Agricultural Association, Commonly Referred to as the “Cow Palace” Parcel

 

            City Manager Patricia Martel reviewed the City’s and the Redevelopment Agency’s effort to purchase land adjacent to the Cow Palace in the Bayshore area for the purpose of implementing the Bayshore Redevelopment Plan.  She also reviewed Senator Leland Yee’s efforts to move SB 1527 through the legislature.

 

            Given the budget standoff that has been in effect for at least the past six to eight weeks, the Governor has publicly indicated his intent to veto any legislation that he is sent until the legislature compromises on a new state budget.  This would essentially invalidate the work that has been undertaken relative to SB 1527.

 

            Ms. Martel stated she is seeking Council approval to adopt a resolution urging the Governor to sign into law SB 1527.  There is no nexus between the approval of the State budget and this legislation.  We feel it is very important to get the Governor to sign this legislation and allow the City’s Redevelopment Agency to negotiate with the State of California on the purchase of the land.

 

            This bill only facilitates the negotiation between the City and State of California, Department of General Services.  We have to purchase the land at fair market value.  We believe this land is an important part of the Bayshore Redevelopment Plan.  It will help bring a grocery store, a bank, restaurants and other kinds of community services to the Bayshore area.

 

            Ms. Martel requested that the City Council adopt a resolution urging the Governor to sign into law SB 1527 (Yee) authorizing the sale of 13 acres of the Cow Palace overflow parking lot parcel.

 

            Councilmember Guingona and Mayor Klatt expressed appreciation for Staff’s hard work.

 

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

 

            Resolution No. 08-148, Urging the Honorable Arnold Schwarzenegger, Governor of California, to Sign into Law SB 1527 (Yee) a Bill which Directs the Department of General Services (DGS) to Enter into Negotiations to Sell at Fair Market Value a 13-Acre Surplus Parking Lot which is a Portion of the 1-A District Agricultural Association, a State Agency of the California Department of Food and Agriculture’s (DFA) Division of Fairs and Expositions, Commonly Referred to as the Cow Palace

 

AWARD OF BIDS/CONTRACTS:

 

Compact Pick-up Trucks

 

            Director of Finance and Administrative Services Don McVey recommended that the City Council award the bid for six extended cab compact pick-up trucks to the lowest responsible bidder, San Francisco Ford Lincoln Mercury of South San Francisco in the amount of $95,344.98 to be used for parking enforcement by the police department.

 

            Two vehicles were specified with six-cylinder engines, which will provide 6,000 lb. towing capacity, and the remaining four have four-cylinder engines.  The four-cylinder engines have the highest fuel efficiency rating available in compact pick-up models.

 

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

 

            Resolution No. 08-149, Authorizing Execution of Contract with San Francisco Ford Lincoln Mercury for Compact Pick-Up Trucks

 

PUBLIC APPEARANCES/ORAL COMMUNICATIONS:

 

            There were no reports.

 

APPOINTMENTS:

 

Board/Commission Membership-Committee Appointments

 

            There were no appointments.

 

REPORTS:

 

Council Committee

 

            The Council Committees reported on the following:

 

            Finance Committee, Re:  New Auditing Standards (Gomez/Klatt)

            General Plan Steering Committee (Christensen/Klatt)

            Conceptual Review CR08-14 5951, Mission Street, Garment Manufacture and Retail (Guingona/Klatt)

 

City Council

 

            Councilmember Gomez complimented staff on the new City’s website and how you can click on the Office of Emergency Services (OES) link to sign up for the emergency alert system.

 

Staff

 

            There were no reports.

 

ADJOURNMENT:

 

            It was moved by Councilmember Gomez, seconded by Councilmember Christensen and carried to adjourn the meeting at 7:54 P.M. in memory of Joseph Fernekes, Marty Bonney, George Gonsalves, Paul Jalgunas and Harry Benavente.

 

                                                                                                                 TERESA M. RICCI           

                                                                                                                 Assistant City Clerk

 

Approved as submitted, this         13th        

 

day of               October                   , 2008.

 

 

                 CAROL L. KLATT                  

                          Mayor