Minutes - October 27, 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

                           Rose L. Zimmerman, City Attorney

                           Maria E. Cortes, City Clerk

 

            City Manager Patricia Martel introduced the new Director of Public Works John L. Fuller.  Mr. Fuller thanked the City for the opportunity and was looking forward to the challenge.

 

            Ms. Martel thanked the Director of Water and Wastewater Resources Patrick Sweetland for his work while filling in as the Interim Director of Public Works.

 

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 Christensen and carried to approve the agenda.

 

CONSENT AGENDA

 

            Mayor Klatt requested that Item No. 5, Accepting Bicycle Facilities Program (BFP) Grant and Appropriating Grant Funds for the King Drive Bicycle Lanes, be taken at the end of the Consent Agenda.

 

COMMUNICATIONS:

 

City Treasurer - re: Quarterly Cash and Investment Report

 

RESOLUTIONS:

 

Setting Time and Place for Public Hearing - re: Community Development and Housing Needs and Authorizing the Solicitation of Request for Proposals of CDBG Funds, Hearing 12/08/08

 

            Resolution No. 08-175, Setting Time and Place of Public Hearing Re: Community Development and Housing Needs Eligible for Funding of Programs/Projects and Authorizing the Solicitation of Request for Proposals of Community Development Block Grant (CDBG) Program, (Fiscal Year 2009-2010) Hearing 12/08/08 – 7:00 P.M.

 

Adopting Identity Theft Protection Program for the Utility Billing Division

 

            Resolution No. 08-176, Adopting Identity Theft Protection Program for the Utility Billing Division

 

Amending Conflict of Interest Resolution - re: Designated Employees

 

            Resolution No. 08-177, Amending Daly City’s Conflict of Interest Code as to Positions

 

Approval of Agreement with ENGEO Incorporated Consulting Engineering for Design and Construction Support Services for Stormwater Bio-Swale Treatment Improvement Demonstration Project at Serramonte Library/Gellert Park Parking Lot

 

            Resolution No. 08-178, Approving and Authorizing Execution of Professional Services Agreement with ENGEO Incorporated Consulting Engineers

 

Setting Time and Place for Public Hearing - re: Termination of the Commercial Vehicle Parking Zone on the South Side of Pierce Street, Hearing 11/10/08

 

            Resolution No. 08-179, Setting Time and Place of Public Hearing to Consider Termination of Commercial Vehicle Parking Zone on the South Side of Pierce Street, Hearing 11/10/08 – 7:00 P.M.

 

Approval of a New After School Education and Safety Program Teacher Job Classification and Addition of the Classification to the Recurrent and Part Time Hourly Rates Schedule

 

            Resolution No. 08-180, Amending Recurrent and Part Time Hourly Rates Schedule

 

END OF CONSENT AGENDA

 

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

 


RESOLUTIONS:

 

Accepting Bicycle Facilities Program (BFP) Grant and Appropriating Grant Funds for the King Drive Bicycle Lanes 

 

            Interim Director of Public Works Patrick Sweetland is recommending that the City Council accept the Bicycle Facilities Grant for the King Drive Bicycle Lanes project.  The City’s application requested $38,000 in grant funds to install approximately 1.25 miles of bike lanes along King Drive from Junipero Serra Boulevard to Skyline Boulevard.  It does not eliminate or impact the existing traffic.  It is part of Daly City’s Master Plan of the Bicycle/Pedestrian Advisory Committee.

 

            Gloriann Jones, representing Skyline Palisades Resident Association, was concerned about the safety for those entering and leaving the Assisted Living Home at 501 King Drive, as well as the motorists and bicyclists in this area.  The director of the facility was concerned and was unaware of any plans for bike lanes on King Drive.

 

            Councilmember Christensen suggested increasing enforcement on this street until the bicyclists and motorists get use to it.

 

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

 

            Resolution No. 08-181, Approving Receipt of Grant from the Bay Area Air Quality Management District for the King Drive Bicycle Lanes

 

PUBLIC HEARINGS:

 

Ordinance Adopting Shopping Cart Regulations

 

            Director of Economic and Community Development Richard Berger stated that abandoned shopping carts have been an increasing problem in many communities.  These carts are a visual blight and potential hazard for pedestrians and vehicular traffic on streets, sidewalks, public and private property.  In order to regulate, remove, impound and retrieve abandoned shopping carts, the City must adopt an ordinance.

 

            In the spring, the Council Subcommittee, comprised of Councilmembers Gomez and Torres, met and directed staff to provide an ordinance to deal with this issue.  The draft ordinance places the responsibility upon stores using shopping carts to establish certain procedures to prevent abandoned shopping carts within the City.  The draft ordinance also establishes administrative fines and civil penalties of violations of this ordinance.

 

            Mr. Berger reviewed the draft ordinance’s requirements, procedures for impounding carts and imposing administrative fines and penalties as outlined in the Agenda Report.

 

            City Attorney Rose Zimmerman asked to amend the criminal penalty phase of the ordinance.  She stated the way the ordinance currently reads, it mandates the City Attorney to make any violation a misdemeanor.  That was not the intent of the ordinance; the intent was to impose civil penalties.  Ms. Zimmerman proposed that the City Attorney has the authority to prosecute in the event of a willful violation as a misdemeanor or infraction.

 

            Discussion ensued with Staff answering Council’s questions concerning the assessed fines and penalties and a pre-written script for signs on carts.

 

            Councilmember Christensen suggested numbering each cart.

 

            Mr. Berger stated each business affected needs to submit a plan on how they plan to comply with it.

 

            Mayor Klatt opened the public hearing.

 

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

 

            It was moved by Councilmember Torres, seconded by Councilmember Christensen and carried that Ordinance No. 1341 be read by title only by the City Attorney.

 

            Councilmember Gomez introduced the following ordinance:

 

            Ordinance No. 1341, Adding Chapter 8.58 to the Daly City Municipal Code, Regarding Shopping Cart Management, Removal, Impound, Retrieval and Disposal

 

COMMUNICATIONS:

 

            Councilmember Christensen recused herself from the following item as she lives within 300 feet of the project.

 

Use Permit, Design Review and Environmental Assessment for New Construction of Two Duplexes at 363 San Diego Avenue (near Vista Grande Avenue)

 

            Planning Manager Tatum Mothershead gave a PowerPoint presentation on the project site and reviewed the proposal to construct two new three-story duplexes on two existing lots at 363 San Diego Avenue, between Knowles Avenue and Vista Grande Avenue.  The property is zoned R-1A, Single-Family/Duplex.

 

            Ms. Mothershead stated there is a condition requiring the use permit to expire one year after approval if the building permit is not obtained.  The applicant has requested to modify the condition due to trouble getting financing for the project.

 

            In response to Mayor Klatt’s questions regarding the number of bedrooms and parking spaces for each unit, Ms. Mothershead stated there are three bedrooms in the upper units and five bedrooms in the lower units.  There are twelve on-site parking spaces with each unit having three spaces.

 

            Discussion ensued with the City Council expressing concerns about the number of bedrooms in each duplex, the size of the backyard and parking in this area.

 

            Bill Guan, Daly City, applicant, stated the property owner is planning to have a big family, plus she lives with her parents.  It also makes the property more valuable.

 

            Sharon Hilgera, Daly City, property owner, stated the duplexes are being built exactly the same because it is more cost efficient.  Everything meets code requirements.  She is very familiar with the parking problem in the neighborhood.  People block her driveway and people that take BART park on our street.  She felt the parking issue was the City’s concern.

 

            Councilmember Gomez suggested continuing this item in order for the owner to meet with staff to work on reducing the number of bedrooms in both duplexes.  Councilmember Guingona was in favor of reducing the bedrooms in the one duplex.

 

            It was moved by Councilmember Gomez, seconded by Councilmember Torres and carried to continue Use Permit UP08-6 and Design Review DR08-6 to the meeting of January 12, 2009.

 

Use Permit and Environmental Assessment for Overnight Pet Boarding/Kennel located in Serramonte Plaza PetSmart at 315 Gellert Boulevard

 

            Planning Manager Tatum Mothershead stated this is a use permit application for an overnight boarding kennel at the PetSmart located on the east side of Gellert Boulevard in Serramonte Plaza between Serramonte and Hickey Boulevards.  The land use designation is C-1, Commercial Retail and Office.  C-1 zoning allows kennel boarding with a use permit.  The area to be modified would be 5,530 square feet.  The proposal includes 123 dog rooms, 16 cat rooms, training and grooming rooms, and administrative area.  Ms. Mothershead gave a PowerPoint presentation of the project site.

 

            Robia Chang, Attorney representing PetSmart, asked to modify Condition No. 6 from trained associates and security to a trained associate to handle pet emergencies, and to handle the pets.  There will be no 24-hours security guard on duty.

 

            Discussion ensued with the PetSmart representatives answering Council’s questions.

 

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

 

            It was moved by Councilmember Torres, seconded by Councilmember Christensen and carried to affirm the findings of the Planning Commission as contained in their communication on file in the Office of the City Clerk.

 

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

 

            Resolution No. 08-182, Adopting Findings of Fact Following Public Hearing on Use Permit (UP08-12) 315 Gellert Boulevard, Overnight Pet Boarding

 

            It was moved by Councilmember Torres, seconded by Councilmember Christensen and carried to approve the Use Permit UP08-12, subject to Conditions of Approval.

 

Use Permit, Design Review and Environmental Assessment for Amendments to the Master Sign Program at Serramonte Shopping Center

 

            Planning Manager Tatum Mothershead stated this is a use permit application proposal to amend the Master Sign Program.  This amendment would allow the replacement of the existing pylon sign and the addition of new directional signage to the site.  Ms. Mothershead gave a PowerPoint presentation on the project site and reviewed the on-site directional signage.

 

            The existing pylon sign is 60 feet in height and 23.5 feet in width and has a reader board that operates from 6:00 A.M. to Midnight.  The original intent of this sign was to get more quality tenants to the site and basically increase sales.  Unfortunately, the cost of the sign was more than any benefit the sign could achieve.

 

            The proposed replacement pylon sign would be 53 feet in height and 20 feet in width.  It would be internally illuminated and would have independent tenant signage.  Overall the total square footage of signage would be 577 over two sides.

 

            Mayor Klatt stated there have been a lot of complaints from Village Serramonte about the existing sign.  Mayor Klatt was concerned about how bright the light is when blinking and how late the new lights will be on.

 

            Dick Barrett General Manager of Serramonte Center stated this new program is directed towards the future of Serramonte Center.  We are requesting approval of the concept because currently the Courtyard’s visibility will be non-existent.  We are going to have to effectively direct people to it as well as direct traffic away from the Gellert and Serramonte Boulevard entrance because that intersection gets jammed up.

 

            Councilmember Christensen appreciated the installation of the directional sign.

 

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

 

            It was moved by Councilmember Torres, seconded by Councilmember Christensen and carried to affirm the findings of the Planning Commission as contained in their communication on file in the Office of the City Clerk.

 

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

 

            Resolution No. 08-183, Adopting Findings of Fact Following Public Hearing on Use Permit (UP08-13) and Design Review (DR08-9) Serramonte Shopping Center Amendment of the Master Sign Program

 

            It was moved by Councilmember Torres, seconded by Councilmember Christensen and carried to approve Use Permit UP08-13 and Design Review DR08-9, subject to the Conditions of Approval.

 

Appeal of the Administrative Hearing Board’s Finding and Order of Code Enforcement Fees for 11 Miriam Street

 

            Director of Water and Wastewater Resources Patrick Sweetland briefed the Council on the background of this case. Mr. Sweetland reviewed the findings and order of the Administrative Appeals Board and recommended the City Council affirm the Board’s order to remove a non-permitted sixth unit and payment of applicable enforcement fees.  The property owner Mr. Alton Halteh is appealing the Board’s fine and enforcement fees.  He asked that he be allowed to keep the shower.

 

            Staff has informed Mr. Halteh that the $2,400 enforcement fee stated in the Agenda Report is an error.  Staff does note that Mr. Halteh remains cooperative and has evicted the tenant from the sixth unit.  The owner would like to re-coop his investment and be allowed to keep the shower in the bathroom in the sixth unit.  Staff is allowing the downstairs bathroom to remain as a half bath by the removal of the tub/shower combination.

 

            Mr. Alton Halteh asked if he could keep the shower and the bathroom.  He said he is being taxed for the six units.  He asked if the Council could lower the taxes for him.

 

            Mr. Sweetland stated the County records show this property as five units.

 

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

 

            Resolution No. 08-184, Affirming and Adopting the Findings of the Administrative Appeal Board (11 Miriam Street/195-197 Knowles Avenue, Daly City, CA)

 

PUBLIC APPEARANCES/ORAL COMMUNICATIONS:

 

            Marian Mann report that “Make a Difference Day” was great.  Ms. Mann expressed appreciation for everyone who helped make “Make a Difference Day” a great success.

 

APPOINTMENTS:

 

Board/Commission

 

            There were no appointments.

 

REPORTS:

 

Council Committee

 

Council Committee Meeting, October 13 - 26, 2008

 

            The Council Committees reported on the following:

 

            Design Review Permit DR08-03 726 Niantic Avenue – New Duplex Residential Dwelling (Guingona/Klatt)

            Conceptual Review CR08-16 Mission Donut, 6077 Mission Street (Guingona/Klatt)

 

City Council

 

            Mayor Klatt thanked the staff and all the volunteers for working on “Make a Difference Day”.

 

            Councilmember Guingona, Daly City’s representative on the Bay Area Water Supply Conservation Agency (BAWSCA) reported Daly City’s water comes from both ground water and Hetch Hetchy water purchased from the San Francisco Public Utilities Commission (SFPUC).  SFPUC and its customers have long recognized that repairs are necessary to the Hetch-Hetchy water system to continue the reliable delivery to its retail and wholesale customers.  Prior to commencing these improvements, the SFPUC commence the environmental impact study known as the Final-Program Environmental Impact Report (F-PEIR).

 

            This Thursday, the San Francisco Planning Commission will hold its first public hearing on whether to certify this Environmental Impact Report associated with the proposed $4.3 billion water system improvement program to rebuild the seismically unsafe Hetch-Hetchy water system.  Later that same evening, the SFPUC is also expected to hold a hearing on the report.

 

            The F-PEIR contains 55 responses to Daly City’s comments submitted back in October 2007.  Daly City’s staff is generally pleased that the issues brought forward in its review has been addressed satisfactorily in the final report.  However, San Francisco is recommending adoption of the phase WSIP which would limit water supply available for purchase to the San Francisco Regional Water System to 265 million gallons per day until 2018 and would require greater conservation efforts by both whole sale and retail customers. 

 

            The Bay Area Water Supply and Conservation Agency in its testimony on Thursday before the San Francisco Planning Commission and Public Utilities Commission will advocate the adoption of the water system improvement plan in order to address the seismic risk. However, the BAWSCA will also point out that there are a number of significant uncertainties ahead when planning for needed future water supplies in the region resulting from San Francisco’s proposed recommendations.  Environmental groups are expected to disagree with San Francisco’s proposed phase variance and likely advocate 265 million gallon a day limit on diversions from water sheds as opposed to limits on amounts available for purchase.

 

            Councilmember Christensen reported on the recently activated metering lights at various on-ramps on I-280.  She asked if you are having problems with it to let us know.

 

            Councilmember Christensen stated next week is Election Day.  We have 42,000 registered voters in Daly City and typically only 25% to 50% vote so please go out and Vote.  Those of you who have absentee ballots can drop them off at City Hall or at any polling place.

 

            Councilmember Torres announced the Hillcrest Gardens Senior Housing grand opening is on November 6th from 11:00 a.m. to 1:00 p.m. and on November 12th at 8:00 a.m. HEART is sponsoring a tour of the Hillcrest Gardens.

 

Staff

 

            City Manager Patricia Martel stated the Congestion Management Agency and C/CAG will be monitoring the metering lights on the I-280 on-ramps as well as the City in order to identify areas where timing is not adequate or where on-ramps are stacking up.

 

            Ms. Martel reminded the Council that next month a majority of the Council’s appointments to Boards and Commissions will expire.  Applications for Boards and Commission positions are available in the City Clerk’s Office.

 

            Ms. Martel reported on Make a Difference Day. We had a number of individuals from the public and City Staff volunteering on projects to benefit the quality of life in Daly City.  We had seven citywide projects:  litter removal on Mission Street and in the Bayshore neighborhood; graffiti paint out at different locations and refurbishment of the Gateway Garden at Lake Merced Boulevard wastewater treatment plant.  The City started two new sustainability projects: shredding documents at City Hall and a re-use exchange of household items, toys and clothing for Daly City residents.  We also had a large number of City employees at Serramonte Shopping Center with information on the services the City provides.

 

            Ms. Martel thanked the Lions Club for the barbeque after the event.

 

            Councilmember Guingona spoke in support of the re-use exchange program.  He suggested doing the re-use exchange more than once a year.

 

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

 

            The meeting reconvened at 9:30 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 – Anticipated Litigation

 

Significant exposure to litigation.  Meeting pursuant to Government Code Section 54956.9(b)(2) to evaluate litigation exposure; if confirmed, continued session pursuant to Government Code Section 54956.9(b)(1).

 

The City Council began the closed session pursuant to Government Code Section 54956.9(b)(2) to decide if there was a significant exposure to litigation against the City warranting closed session upon this matter.  Upon reviewing the facts, a unanimous City Council decided a closed session was warranted, and this matter immediately proceeded into closed session.

 

ADJOURNMENT:

 

            It was moved by Councilmember Guingona, seconded by Councilmember Torres and carried to adjourn the meeting in memory of Robert Murray, Enid Williams, Elayne Wright and Robert Panacci.

 

 

                                                                                                               TERESA M. RICCI             

                                                                                                               Assistant City Clerk

 

Approved as submitted, this         8th          

 

day of               December                , 2008.

 

 

                  CAROL L. KLATT                

                          Mayor