Minutes - September 8, 2008

CITY OF DALY CITY

MINUTES – REGULAR MEETING - CITY COUNCIL

SEPTEMBER 8, 2008

 

            The meeting was called to order by Mayor Klatt at 7:00 P.M.

 

ROLL CALL:     Councilmembers Present:

 

                           Carol L. Klatt, Mayor

                           Maggie Gomez

                           Sal Torres

 

                           Councilmember Absent:

 

                           Judith A. Christensen

                           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 reported that Councilmember Guingona is stuck in traffic and will get here as soon as he can.  Councilmember Christensen called but did not say what she was doing.  We have one unexcused absence.

 

PRESENTATIONS:

 

National Preparedness Month

 

            Councilmember Torres presented a proclamation proclaiming September 2008 as National Preparedness Month to Community Disaster Preparation Coordinator Matt Lucett.  Mr. Lucett thanked the Council for their continued support.  He emphasized that people should build a kit, have a plan and get involved.

 

            Mr. Lucett announced that they are working with the County Office of Emergency Services this Saturday, September 13th from 10:00 a.m. to 2:00 p.m. on Emergency Preparedness Day.

 

Certificate of Achievement for Excellence in Financial Reporting

 

            Mayor Klatt presented a Certificate of Achievement for Excellence in Financial Reporting to Director of Finance and Administrative Services Donald McVey.  Mayor Klatt stated the Certificate of Achievement for Excellence in Financial Reporting for the year ending June 30, 2007 has been awarded to Daly City by the Government Finance Officers Association of the United States and Canada for its Comprehensive Annual Fiscal Report.  The Certificate is the highest form of recognition in the area of governmental accounting and financial reporting.

 

            Mr. McVey thanked the Council and the City Manager for their support.  Mr. McVey expressed his appreciation to his outstanding staff for their hard work.

 

            City Manager Patricia Martel and the Council expressed appreciation for Mr. McVey’s leadership and staff’s hard work.

 

            Mayor Klatt introduced David Mineta, President of the Jefferson Union High School District.

 

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 Christensen and carried to approve the agenda.

 

CONSENT AGENDA

 

            Mayor Klatt stated that Item No. 4, Resolution Opposing Proposition 7, The Solar and Clean Energy Act for 2008 would be taken at the end of the Consent Agenda.

 

RESOLUTIONS:

 

Approving Memorandum of Agreement between the Second Harvest Food Bank of Santa Clara and San Mateo Counties and the City of Daly City to Provide “Operation Brown Bag”

 

            Resolution No. 08-151, Approving Memorandum of Agreement Between Second Harvest Food Bank with Counties of Santa Clara and San Mateo (Operation Brown Bag)

 

Approving Memorandum of Agreement between the Jefferson Union High School District and the City of Daly City to Provide Teen Services

 

            Resolution No. 08-152, Approving Memorandum of Agreement Between Jefferson Union High School District and City of Daly City

 

Authorizing City Manager to Execute Professional Services Agreement with URS Corporation for Mussel Rock Landfill Site Monitoring

 

            Resolution No. 08-153, Authorizing Execution of Professional Services Agreement with URS Corporation of Oakland, California Re: Mussel Rock Landfill Site Monitoring (Fiscal Years 2008-2010)

 

CHECK REGISTERS:

 

            Check Registers for the Month of August 2008

 

END OF CONSENT AGENDA

 

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

 

RESOLUTIONS:

 

Resolution Opposing Proposition 7, The Solar and Clean Energy Act for 2008

 

            City Manager Patricia Martel recommended that the City Council adopt a resolution opposing Proposition 7, the Solar and Clean Energy Act of 2008, which is on the November 2008 ballot.

 

            A coalition that includes local governments, renewable energy providers, environmentalists, business and labor leaders has opposed the Solar and Clean Energy Act of 2008.  For cities, the most significant issues with this initiative are: if passed, this measure would significantly erode local control over permitting of new power plants.  The measure will also undermine the ability of municipally owned and operated utilities to determine the power portfolio appropriate for the customers.

 

            Members of the coalition, opposed to Proposition 7, support efforts to move toward renewable supplies of power, environmental and energy experts warn that this measure as written could actually thwart clean power development by establishing legal barriers to renewable development and could result in huge rate increases for all consumers.

 

            The League of California Voters Board of Directors voted unanimously to oppose Proposition 7 and urged all California municipalities to follow suit.

 

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

 

            Resolution No. 08-154, Opposing Proposition 7

 

PUBLIC HEARINGS:

 

Ordinance Authorizing Recovery of Costs by Special Assessments

 

            City Attorney Rose Zimmerman stated this is an introduction of an ordinance in an effort to clean up our code enforcement and cost recovery provisions of the City’s municipal code.

 

            This ordinance would allow the City Attorney’s Office the authority to process special assessment liens for outstanding administrative costs, assessments penalties and fees to be recorded at the County Assessor’s Office and shall serve a priority tax lien.

 

            Each lien prior to recording would require the authorization of the City Council prior to the recordation with the County.

 

            Staff recommends that the City Council introduce an ordinance authorizing recovery of abatement costs by special assessment.

 

            Mayor Klatt opened the public hearing.

 

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

 

            It was moved by Councilmember Torres, seconded by Councilmember Gomez and carried that Ordinance No. 1340 be read by title only by the City Attorney.

 

            Councilmember Torres introduced the following ordinance:

 

            Ordinance No. 1340, Adding Section 8.16.450 of Title 8 of the Daly City Municipal Code Re: Recovery of Costs by Special Assessment

 

ORDINANCES:

 

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

 

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

 

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

 

Second Reading – 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

 

            David Mineta, representing Asian American Recovery Services, thanked the Council for their support on this issue and support of our young people.  He looks forward to working with Daly City.

            Kali Cheung, representing San Mateo County Youth Leadership Institute, spoke in support of this issue.

 

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

 

PUBLIC APPEARANCES/ORAL COMMUNICATIONS:

 

            There were no speakers.

 

APPOINTMENTS:

 

Board/Commission Membership-Committee Appointments

 

            There were no appointments.

 

REPORTS:

 

Council Committee

 

            There were no reports.

 

City Council

 

            There were no reports.

 

Staff

 

            There were no reports.

 

            Mayor Klatt welcomed back Joe Kay, a resident of the Bayshore area.

 

ADJOURNMENT:

 

            It was moved by Councilmember Gomez, seconded by Councilmember Torres and carried to adjourn the meeting at 8:35 P.M. in memory of Richard Bridges, Ita Cisneros, Fairfield Councilman Matt Garcia, and Martinez Police Sergeant Paul Starzyk.

 

 

 

                                                                                                                 MARIA E. CORTES          

                                                                                                                       City Clerk

 

Approved as submitted, this         13th        

 

day of               October                   , 2008.

 

 

                 CAROL L. KLATT                  

                          Mayor