Daly City City Council
March 28, 2022

AVAILABILITY OF PUBLIC RECORDS:

All public record to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the City Clerk’s Office, City Hall located at 333 90 th Street, Daly City, CA during normal business hours, at the same time that the public records are distributed or made available to the legislative body.

CITY OF DALY CITY
Regular Meeting - CITY COUNCIL
AGENDA
Monday, March 28, 2022 - 7:00 PM
Visit Daly City’s virtual meeting website to register to attend the virtual meeting via Zoom, watch the livestream of the meeting and view the agenda:

https://bit.ly/dalycitymar28livestream
COVID-19 ANNOUNCEMENT - PUBLIC MEETINGS

Pursuant to Government Code section 54953(e) et seq., members of the Daly City Council and staff will participate in this meeting via a teleconference. Members of the public are encouraged to watch the meeting via Livestream (City Council Meeting Livestream) at https://bit.ly/dalycitymar28livestream or on local Channel 27 (Comcast).

Public Participation:

There are two ways to submit public comment: (1) send written comments by 4:00 pm on meeting day and (2) join to speak at the meeting via Zoom.

To submit a comment in writing, please email [email protected] and write “Public Comment” in the subject line. In the body of the email, include the item number and/or title of the item as well as your comments. All comments received by 4:00 pm will be emailed to the City Council members prior to the meeting. Those comments received after 4:00 pm will be added to the record and shared with the City Council members following the public meeting. Comments are not read aloud into the record.

To speak at the meeting via Zoom, join at https://bit.ly/dalycitymar28zoom. Zoom will require an email address and name. The name entered will be visible online and will be used to notify you that it is your turn to speak. You may also join by visiting https://zoom.us/join. Enter meeting ID: 862 9294 0223, then enter email address and name. The March 28, 2022 Regular City Council meeting may also be accessed via telephone by dialing +1 669 900 6833 (Local). International numbers available: https://us02web.zoom.us/u/kAibLOyym. Enter the meeting ID: 862 9294 0223, then press #.

When you would like to speak on an item during the public comment portion of the meeting, you will need to use the “raise hand” feature in Zoom. Public comment is limited to two (2) minutes maximum, and speakers may only comment once per item. You must familiarize yourself with Zoom prior to joining the meeting. The City will not be providing technical support.

If you do not wish to speak, the City requests that you watch the livestream of the meeting on the City’s virtual meeting website at https://bit.ly/dalycitymar28livestream.

Persons with disabilities who require auxiliary aids or services in attending or participating in this meeting should call the office of the City Clerk at 991-8078 as soon as possible.

Agenda – City Council
Monday, March 28, 2022

CALL TO ORDER:

PLEDGE TO THE FLAG:

ROLL CALL:

PRESENTATIONS:

1. "Love Daly City" Citywide Community Volunteer Opportunities - Bob Eusebio II, Pastor Emeritus and Marlon Valladares, Pastor

2. Proclaiming the Week of April 3 to 9, 2022 as National Library Week in Daly City, Theresa Faapuaa, Library Board of Trustees President and Patricia de Vera, Daly City Public Library Associates Board President

APPROVAL OF MINUTES:

3. Regular Meeting of March 14, 2022

APPROVAL OF AGENDA:

CONSENT AGENDA
All items listed on the Consent Agenda are considered to be routine and may be approved by one roll call vote of the City Council. There shall be no separate discussion of the matters on the Consent Agenda unless requested by a member of the City Council. If discussion is required, that item will be removed from the Consent Agenda and will be considered separately at the end of the Agenda.

Resolutions:

4. Setting Time and Place of Public Hearing Regarding Linda Vista Area of Benefit Fiscal Year 2022-2023 Set Hearing: 5/23/2022

5. Authorizing the City Manager to Execute a One-Day Temporary License for Use of City Hall Main Parking Lot for “Love Daly City” Citywide Community Volunteer Activities

6. Approving a Joint Exercise of Powers Agreement for the Establishment of the Daly City Joint Powers Financing Authority

END OF CONSENT AGENDA

Agenda – City Council
Monday, March 28, 2022

PUBLIC HEARINGS:

7. Public Hearing - Proposed Ordinance Amending Chapter 2.58 of the Daly City Municipal Code – Small Business Commission Meeting Frequency
STAFF: Brandon Phipps

RECOMMENDATION: Open/Close Hearing
Motion for City Attorney to Read by Title Only
Councilmember Introduce Ordinance

COMMUNICATIONS:

8. Coastal Development Permit (Use Permit UPR-2-22-15536) — On-Site Movement of Landfill Waste at Mussel Rock Landfill (150 Westline Drive)
A. Findings
B. EA - Categorical Exemption
C. UPR-2-22-15536
STAFF: Michael Van Lonkhuysen

RECOMMENDATION: Adopt Resolution by Roll Call Vote

ORDINANCES:

9. Second Reading, Ordinance No. 1454, Repealing and Replacing Chapter 8.64 Re: Regulating the Use of Disposable Food Service Ware
STAFF: Rose Zimmerman

RECOMMENDATION: Adopt Ordinance by Roll Call Vote

10. Second Reading, Ordinance No. 1455, Adding Chapter 15.80 to the Daly City Municipal Code Re: Electrical Vehicle Charging Stations
STAFF: Rose Zimmerman

RECOMMENDATION: Adopt Ordinance by Roll Call Vote

PUBLIC APPEARANCES/ORAL COMMUNICATIONS:

NOTE: Speakers are limited to two minutes, unless modified by the Mayor. The Council cannot take action on any matter raised under this item.

APPOINTMENTS: Board/Commission Membership Committee Appointments

Agenda – City Council
Monday, March 28, 2022

REPORTS:

11. Council Committee

a. Council Committee Meetings March 10 - March 23, 2022

12. City Council

13. Staff

ADJOURNMENT:

Proclamation
NATIONAL LIBRARY WEEK – APRIL 3-9, 2022
WHEREAS,libraries are accessible and inclusive places that foster a sense of connection and build community; and
WHEREAS,libraries connect people to technology, providing access to broadband internet, computers, and training that are critical for accessing education and employment opportunities; and
WHEREAS,libraries offer opportunities for everyone to connect with new ideas and become their best selves through access to multimedia content, programs, and classes – in addition to books; and
WHEREAS,in times of crisis, libraries and library professionals play an invaluable role in supporting their communities both in person and virtually; and WHEREAS,libraries strive to develop and maintain programs and collections that are as diverse as the populations they serve and ensure equity of access for all; and WHEREAS,to adapt to our changing world, libraries are expanding their resources and continuing to meet the needs of their patrons; and
WHEREAS,libraries have long served as trusted and treasured institutions for all members of the community regardless of race, ethnicity, creed, ability, sexual orientation, gender identity, or socio-economic status; and WHEREAS,libraries are cornerstones of democracy, promoting the free exchange of information and ideas for all; and
WHEREAS,libraries, librarians, and library workers are joining library supporters and advocates across the nation to celebrate National Library Week.

NOW, THEREFORE, I, ROD DAUS-MAGBUAL, Mayor and members of the City Council of Daly City, do hereby proclaim April 3-9, 2022 as NATIONAL LIBRARY WEEK in Daly City. During this week, we encourage all residents to connect with their library by visiting online or in person to access resources and services.

Signed and sealed by the Mayor and City Council of the City of Daly City this 28th day of March 2022.

Roderick Daus-Magbual, Mayor
Raymond A. Buenaventura, Vice Mayor
Pamela DiGiovanni, Councilmember
Juslyn C. Manalo, Councilmember
Glenn R. Sylvester, Councilmember

CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
MARCH 14, 2022
--------------------------------
Note on Public Comments: For this meeting, members of the public were encouraged to watch the meeting via livestream and speak at the meeting via Zoom, and/or submit public comments via email to the City Clerk’s Office prior to the public meeting. Persons with disabilities who require auxiliary aids or services in attending or participating in this meeting were instructed to call the office of the City Clerk at 991-8078 prior to the meeting.

Visit https://www.youtube.com/c/DalyCityVideoMeetings to view videos of the City Council meetings

The meeting was called to order by Mayor Daus -Magbual at 7:00 P.M. by video conference call pursuant to Governor Gavin Newsom’s Executive Order N-29-20.

ROLL CALL: Councilmembers Present:

Roderick Daus-Magbual, Mayor
Raymond A. Buenaventura, Vice Mayor
Pamela DiGiovanni
Juslyn C. Manalo
Glenn R. Sylvester

Staff Present:

Shawnna Maltbie, City Manager
Rose L. Zimmerman, City Attorney
K. Annette Hipona, City Clerk

PRESENTATIONS:

DCPLA Grant for U.S. State Books and a Rigamajig Building Kit to the Daly City Public Library (Patricia deVera, Board President, Daly City Public Library Associates)

APPROVAL OF MINUTES:

Regular Meeting of February 28, 2022

It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried to approve the minutes of February 28, 2022.

APPROVAL OF AGENDA:

It was moved by Mayor Daus-Magbual to approve the agenda.

CONSENT AGENDA:

It was moved by Councilmember DiGiovanni, seconded by Councilmember Sylvester and carried to approve the consent agenda with the exception of items #3, 4 and 9.

Communications:

2021 Qtr. 4 Investment Report

CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
MARCH 14, 2022
2 Director of Finance and Administrative Services Tim Nevin addressed questions on investments for the North San Mateo County Sanitation District and the City. Staff will correspond with the local investment pool to ensure there are no funds invested int o Russia, China, or any other countries that negatively impact Ukraine.

It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried by voice vote to accept the report.

Resolutions:

Accepting two $30,000 Grants from the National Fitness Campaign

Recreation Services Manager Denise Brown recommended acceptance of two $30,000 grants from the National Fitness Campaign (NFC) for two Fitness Courts at two City parks – Westlake Park and Lincoln Park. Ms. Brown presented a video displaying NFC’s goal to make fitness easily accessible to neighborhood communities. Gloria Cox, NFC Partnership Development Manager, addressed questions about inclusivity, accessibility, the trademark layout of the Fitness Courts, and the availability of Fitness Courts at other sites.

It was moved by Councilmember DiGiovanni, seconded by Councilmember Manalo and carried by voice vote to adopt the following resolution:

Resolution 22-38, Accepting Two $30,000 Grants From The National Fitness Campaign For Two Fitness Courts

Accepting and Appropriating a $9,000 Grant from the Daly City Public Library Associates

Resolution 22-39, Accepting And Appropriating Grant From The Daly City Public Library Associates

Setting Time and Place for a Public Hearing to Consider Zone Change ZC-01-22-15477 Establishing Zoning Location Standards for Smoke Shops and Tobacco Stores

Resolution 22-40, Setting Time And Place Of Public Hearing For Zone Change Z C-01-22-15477 Establishing Zoning Location Standards For Smoke Shops And Tobacco Stores

Setting Time and Place for a Public Hearing to Consider One-Year HUD Action Plan for Fiscal Year 2022-23

Resolution 22-41, Setting Time And Place Of Public Hearing On Daly City’s One-Year Action Plan For Fiscal Year 2022-2023 Under The Community Development Block Grant And HOME Programs

Setting Time and Place for a Public Hearing to Consider HOME ARP Allocation Plan

Resolution 22-42, Setting Time And Place Of Public Hearing To Consider Daly City’s HOME ARP Allocation Plan

CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
MARCH 14, 2022
3 Annual Delegation of Authority to City Treasurer to Invest City Funds

City Treasurer Daneca Halvorson addressed questions and confirmed that funds within the state’s pooled money investment account have no direct exposure to Russia and will ensure the County’s pooled investments have no exposure to Russia.

It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried by voice vote to adopt the following resolution:

Resolution 22-43, Renewing Delegation Of Investment Authority To The City Treasurer

Check Registers:

Check Registers for the Month of February 2022

END OF CONSENT AGENDA

PUBLIC HEARINGS:

Public Hearing - Proposed Ordinance Repealing and Replacing Chapter 8.64 - Regulating the Use of Disposable Food Service Ware by Food Facilities

Assistant to the City Manager Leilani Ramos presented the proposed municipal code amendments to align the City’s ordinance with new state laws AB 1276 and AB 1200. AB 1200 prohibits the sale or distribution of single -use foodware comprised of paper or other plant -based natural fiber that contains intentionally added per - and polyfluoroalkyl substances (PFAS). PFAS requirements go into effect January 1, 2023 while the City’s new regulation requiring food facilities to transition to non-plastic natural fiber-based alternatives go into effect October 1, 2022.

Eun-Soo Lim, Office of Sustainability, and Ms. Ramos addressed questions on the toxicity of PFAS to human health, whether any measures regarding PFAS have been taken at the federal level, and whether any outreach to businesses has been done regarding the new laws.

Mayor Daus-Magbual opened the public hearing. There were no speakers on this item.

It was moved by Vice Mayor Buenaventura, seconded by Councilmember Manalo and carried to close the public hearing.

It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried for the City Attorney to read the ordinance by title only. Councilmember Manalo introduced the ordinance.

Ordinance 1454, Repealing And Replacing Chapter 8.64 Of The Daly City Municipal Code Regulating The Use Of Disposable Food Service Ware By Food Facilities

Public Hearing - Proposed Ordinance Amending Chapter 2.16 of the Daly City Municipal Code Re:

Arts and Cultural Commission

Mayor Daus-Magbual recused himself from the item. Assistant City Manager Stephen Stolte

CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
MARCH 14, 2022
4 provided background of the discussions between Arts and Culture Commissioners regarding their duties and referred to the letter sent by the commission to the City Council outlining requested changes to their duties. Mr. Stolte read the proposed duty revisions and requested the Council to consider the revisions. Mr.

Stolte addressed questions regarding commission funds and expenses and staff’s recommendation on this matter.

The City Council discussed the following issues: the commission’s role as an advisory body, the language used in the proposal, whether there should be changes to the language of the proposal , the commitment displayed by the commissioners, and the proposal’s impacts on the Arts and Culture Commission and the City Council.

Arts and Culture Commissioner Nancy Rodriguez provided clarification on the intent of their proposal. Ms. Rodriguez stated the goals of the ir proposal include keeping commissioners more accountable, widening the scope of fine art and re-defining art, providing advisory support to find ways to fund arts and culture projects, to better organize the commissioner and obtain more support, and to acknowledge the diversity in art.

It was moved by Vice Mayor Buenaventura and seconded by Councilmember Manalo to adopt the ordinance as presented.

City Manager Shawnna Maltbie addressed questions and provided clarification on the administration behind changing the policy, referring to the correspondence sent from City Manager’s Office. Ms. Maltbie stated there is no formal adopted policy for agendizing an item; the informal policy is for a Councilmember to request the Mayor to agendize the item.

Vice Mayor Buenaventura opened the public hearing. There were no speakers on this matter.

The motion failed by the following roll call vote:

Ayes: Buenaventura, Manalo
Noes: DiGiovanni, Sylvester

Public Hearing - Claim to Lien Property at 262 Crocker Avenue (APN 004-082-150)

Engineer Alexander Yuen provided background on the 48-inch-deep sinkhole discovered in front of the subject site . The City authorized contractor Kingdom Pipelines, Inc . to abate the immediate life, health and safety hazards caused by the broken sewer lateral. To recover the emergency repair fees, totaling $12,371.63, a lien was placed on the property. Mr. Yuen addressed questions on what constitutes an emergency repair and the timeline of events pertaining to the incident.

It was moved by Councilmember DiGiovanni, seconded by Councilmember Manalo and carried to open the public hearing.

Mario Flores, property owner, provided background on owning various properties in Daly City and dealing with maintenance of those properties. Mr. Flores acknowledged responsibility of the sewer repair but claimed he was not contacted by the City and did not have the opportunity to do the repairs at a more effective cost.

CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
MARCH 14, 2022
5 It was moved by Councilmember DiGiovanni, seconded by Councilmember Sylvester and carried to close the public hearing.

Director of Public Works Richard Chiu addressed questions on the City’s process in handling these types of emergency situations, on whether the City has access to property owners’ contact information, and the timeframe of events. Due to a lack of a motion, the item failed.

Public Hearing - Proposed Ordinance Amending Title 15 and Adding Chapter 15.80 of the C ity of Daly City Municipal Code by Establishing an Expedited Permit Process for Electric Vehicle Charging Stations as Required by Government Code Section 65850.7

Chief Building Supervisor Mario Sigala provided information on AB 1236, requiring jurisdictions to establish procedures for expedited, streamlined permitting of electric vehicle (EV) charging stations. Mr.

Sigala addressed questions timeframe for permitting and limitations to charging spaces. The Council thanked staff for their work on ensuring the City moves towards having more EVs in the community.

It was moved by Councilmember DiGiovanni, seconded by Councilmember Sylvester and carried to open the public hearing. There were no speakers on this item.

It was moved by Councilmember Sylvester, seconded by Councilmember DiGiovanni and carried to close the public hearing.

It was moved by Councilmember DiGiovanni, seconded by Councilmember Sylvester and carried for the City Attorney to read the ordinance by title only. Councilmember Manalo introduced the ordinance.

Ordinance 1455, Adding Chapter 15.80 To Title 15 Re “Electrical Vehicle Charging Stations” To Provide Expedited And Streamlined Permitting Process Consistent With State Law; Affirming The Planning Department’s Determination Under The California Environmental Quality Act

COMMUNICATIONS:

Status Update on the Community Wellness and Crisis Response Team for the City of Daly City Police Department

Police Captain Ronald Mussman provided an update on the City’s pilot program Community Wellness and Crisis Response Team, and acknowledged Clinician Cathy Maguire’s vital role in the team.

Captain Mussman provided information on Ms. Maguire’s extensive experience in dealing with individuals in crisis. The pilot program is a collaborative effort between the Daly City Police Department, San Mateo County Behavioral Health and Recovery Services, Star Vista, and the John W. Gardner Center.

Ms. Maguire summarized the program’s goal of responding with the safest and least restrictive plan for the client’s well-being; her priority is to support the community, especially those who are in crisis. Ms.

Maguire also provides support to individuals in crisis by following up and linking them with resources through her networks and collaborations with various County agencies.

Dr. Daryl Tilghman, Star Vista Associate Director, who provides the operational oversight of the program, acknowledged Ms. Maguire’s experience and the positive feedback the program received from the community. Dr. Jaymes Pyne, Stanford University Research Associate, presented collected data from the implementation and outcome studies they conducted to find ways to improve the response program.

CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
MARCH 14, 2022
6 The City Council expressed their support for the program, expressed the need to address mental health in the community, and commended the collaborative work being done by Ms. Maguire and the rest of the Response Team. Recommendations included having a debriefing with the police off icers involved, providing updates on the pilot program and potential expansion of the program over time . Ms. Maguire addressed questions on what other trainings, if any, she provides for new police officers.

Developer Interview and Consideration of Proposal for Hotel Parcel at 1837 Junipero Serra Boulevard

Director of Economic Community and Development Tatum Mothershead provided a summary of the February 1 5 meeting wherein the City Council received presentations and interviewed four teams interested in developing the subject parcel. Ms. Mothershead introduced LF George Properties Corp., the final team who will present tonight and be interviewed by the Council. If LF George is selected to progress to the second round, staff will work with the developer to submit a term sheet.

Albert Costa, Architect and Agent for LF George, presented two options for the development site:

Project 1 consisted of a 4-story hotel (100 units) and a 10-story residential building (200 units); Project 2, a non-hotel option, is a residential mixed-use project with 300 residential units, a community center and ground-floor retail. LF George is recommending Project 2 since the landscape has changed for hotel use due to the pandemic. Mr. Costa answered interview questions including: its hiring process and its use of union labor; fair market value for the property; the timeline for project implementation ; the company’s financial wherewithal; community and economic benefits of project; and price ranges for the units.

It was moved by Councilmember Manalo and seconded by Vice Mayor Buenaventura .

Councilmember Sylvester requested the inclusion of renditions as part of the term sheet from LF George; Councilmember Manalo accepted the amendment. The motion carried by unanimous roll call vote to adopt the following resolution, as amended.

Resolution 22-44, Selecting Developers To Progress To The Next Step For The Hotel Parcel Project At 1837 Junipero Serra Boulevard

Adopt Resolution Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361

City Attorney Rose Zimmerman provided background on AB 361 which allows continuation of remote teleconference public meetings for a period of 30 days by Council resolution. Assistant City Manager Stephen Stolte provided an update on requirements for universal masking, vaccination rates within the City and County, and COVID case trends. Mr. Stolte reported on safety precautions taken inside the City’s Council Chambers, hybrid meeting (virtual/in -person) protocols, how the City’s current policies align with other municipalities, and a tentative date of May 22 for the provision of hybrid meetings.

Staff requested City Council direction and feedback on return to in- person public meetings and a citywide masking policy. Staff addressed questions on masking policies at City libraries, on the Brown Act and whether employees were surveyed for input. The City Council supported implementing a hybrid meeting option installed for the public and requested a test run of the updated teleconferencing equipment prior to holding a hybrid meeting.

CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
MARCH 14, 2022
7 It was moved by Councilmember DiGiovanni, seconded by Councilmember Sylvester and carried by unanimous roll call vote:

Resolution 22-45, Authorizing Remote Teleconference Meetings By The City Council And All Boards, Commissions, And Standing Committees Of The City In Accordance With Assembly Bill 361 For A Period Of Thirty Days

AWARD OF BIDS/CONTRACTS:

Award of Contract for the Civic Center South Roof Project

Assistant to the Director of Public Works Jeff Fornesi recommended awarding a contract for the subject project to Garland DBS, Inc. in the amount of $256,339 and to execute the contract for $295,000 which includes contingency. Mr. Fornesi addressed questions regarding Garland DBS, Inc.

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

Resolution 22-46, Authorizing Execution Of Construction Contract With Garland/DBS, Inc. For The Civic Center South Roof Project

APPOINTMENTS:

It was moved by Councilmember DiGiovanni, seconded by Councilmember Sylvester and carried by voice vote to reappoint Teresa Faapua to the Library Board of Trustees. Councilmember Buenaventura voted “No”.

REPORTS:

Council Committee Meetings: February 14, 2022- March 9, 2022

Affordable Housing Committee (Manalo/Sylvester)
Community Development Block Grant (CDBG) (Daus-Magbual/Manalo)

City Council

Vice Mayor Buenaventura commended the Pilipino Bayanihan Resource Center (PBRC) for its planned donation drive on April 2 for Ukraine; PBRC is requesting donations of first aid kits, wheelchairs, crutches, medicines, blankets, backpacks, vitamins, etc. PBRC will pay up to $10,000 in shipping costs to send these essential items for the people of Ukraine and deliveries will tentatively be made via an organization in Poland. Councilmember Buenaventura expressed support for flying the Ukraine flag over City Hall and referred to emails requesting this of the City. Councilmember Buenaventura raised a question on whether there is a distinction between raising a flag or displaying a banner of the flag, and whether a banner can stay up for a longer period at City Hall.

Councilmember Sylvester referred to the 262 Crocker agenda item that was on tonight’s agenda.

Councilmember Sylvester requested payment be made to the vendor who provided their services at that site and questioned whether the matter can be reconsidered for negotiation and be re-agendized at a later time to recover some of the cost incurred by the City.

CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
MARCH 14, 2022
8 Councilmember DiGiovanni requested information on the process of an ad hoc Council committee and whether any action can be taken during these meetings. Councilmember DiGiovanni wished all a Happy St. Patrick’s Day and International Women’s Day; the latter honored first responders including the women of the Police and Fire Department. Council DiGiovanni acknowledged the women who are leaders in the community and City.

Councilmember Manalo reported attendance with the Arts & Culture Commission at the International Women’s Day Event and commended San Mateo County Poet Laureate Aileen Cassinetto for her poetry during the event. Councilmember Manalo reminded everyone of Daly City Public Library Associates’ St. Patrick’s Day Event. Councilmember Manalo reported there will be a vigil for the people of Ukraine on March 20
th at 5 PM with San Mateo County Supervisor David Canepa at 400 County Ctr.

Mayor Daus-Magbual reported attendance at a meeting with the staff of Peninsula Clean Energy (PCE); the meeting discussed PCE’s milestones, objectives, ways to address inequities through PCE, and the Diversity, Equity, Access & Inclusion work being done by PCE.

ADJOURNMENT:

Mayor Daus-Magbual adjourned the meeting at 11:12 PM in memory of Donna Marie Otis and Juanita Buckley.

Approved as submitted, this 28th
City Clerk
day of March , 2022.

Mayor

City Council Meeting Agenda ReportItem # _____
Meeting Date: March 28, 2022
Subject: Setting Time and Place of Public Hearing Regarding Linda Vista Area of Benefit Fiscal Year 2022-2023
Recommended Action
Set May 23, 2022 as the date for public hearing to establish the services and assessments for Linda Vista Area of Benefit for Fiscal Year 2022-2023.

Background
The City Council established the Linda Vista Area of Benefit on February 12, 1990, to provide for the maintenance of storm water detention basins and other storm facilities within the Linda Vista and Bay Ridge Subdivisions and the downstream Outfall Channel, through annual Benefit Assessments. It is necessary to re-establish each year the assessment rate for the coming fiscal year.

Discussion
Per the Government code that empowers the City Clerk to proceed, I have set the Public Hearing for the Linda Vista Assessment District for the Regular City Council Meeting of May 23, 2022, at 7:00 P.M.

All agencies, districts and parties interested will be notified by mail. The Notice of Hearing will also be posted in the Linda Vista Area of Benefit area as well as in City Hall and the public libraries.

Summary/Conclusion
Staff is available to provide any additional information desired by the Mayor or Councilmember.

Respectfully submitted,
K. Annette Hipona
City Clerk

City Council Meeting Agenda ReportItem # _____
Meeting Date: March 28, 2022
Subject: Authorize the City Manager to Execute a One-Day Temporary License for Use of City Hall Main Parking Lot for “Love Daly City” Citywide Community Volunteer Activities
Recommended Action
Authorize the City Manager to execute a one-day Temporary License for Use of City Hall Main Parking Lot for “Love Daly City” Citywide Community Volunteer Activities.

Background/Discussion
Last year, Pastors from the Ministerial Association of Daly City began discussing what their organizations could do to help the City of Daly City become a ‘City of Great Neighbors.’ They envisioned a community where people show genuine care and concern for one another, and “Love Daly City” was born.
“Love Daly City” is intended to be a volunteer movement with the vision to love Daly City so it will thrive. Community leaders believe this vision can be accomplished through an annual citywide church driven volunteer day, as well as other year-round activities. “Love Daly City” has three areas for volunteering:

1.Love: Partner with Daly City Senior Services to distribute cards created by children to encourage seniors at Doelger Senior Center.

2.Feed: Partner with Second Harvest to distribute food to those in need at Jefferson High School.

3.Clean: Partner with the City and Republic Services to clean up along Mission Street from East Market Street to the top of the Hill at John Daly Boulevard.

This year’s kick-off event is set for Saturday, April 30, 2022 from 8:00AM to 3:00PM. However, a central meeting location for all volunteers is desired. The Ministerial Association of Daly City wishes to use the City Hall main parking lot, located at 333 90th Street, as a space to share food, music, and inspiration from community leaders following the day’s citywide volunteer activities.

All are invited to volunteer and can sign up at www.lovedalycity.com.

Fiscal Impact
None.

Summary/Conclusion
Staff recommends that the City Council authorize the City Manager to execute a one-day Temporary License for Use of City Hall Main Parking Lot for “Love Daly City” Citywide Community Volunteer Activities.

Staff is available to provide any additional information desired by the Mayor or Councilmembers.

City Council Agenda Report
Subject: Authorize City Manager to execute a one-day Temporary License for Use of City Hall Main Parking Lot for “Love Daly City” Citywide Community Volunteer Activities.

Meeting Date: March 28, 2022

Respectfully submitted,
Rose Zimmerman Leilani Ramos
City Attorney Assistant to the City Manager
Attachments: Draft Temporary License for Use of Premises Agreement

TEMPORARY LICENSE FOR USE OF PREMISES
This Temporary License (“License”) is entered by and between the City of Daly City (herein called “Licensor” or “City”) and Westlake Community Baptist Church, a 501(c)(3) non-profit organization, (herein the “Licensee”).

This License is made and executed on the _____ day of ____, 2022, in Daly City, California.

WHEREAS, Licensor owns real property located at 333 90th Street, City Hall main parking lot, in Daly City, (herein the “Premises”); and
WHEREAS, Licensee wishes to conduct a church driven volunteer day on Saturday, April 30, 2022 with the vision to love Daly City so it will thrive (“Love Daly City”); and WHEREAS, “Love Daly City” will offer community members an opportunity to volunteer in three areas: Love, Feed, and Clean; and
WHEREAS, Licensee is partnering with 1) Daly City Recreation Senior Services to distribute cards created by children to encourage seniors at Doelger Senior Center [Love], 2) Second Harvest Food Bank to distribute food to those in need at Jefferson High School [Feed], and 3) the City and Republic Services to clean up along Mission Street [Clean]; and WHEREAS, Licensee wishes to use the City Hall main parking lot as a space to share food, music and inspiration from community leaders following the day’s citywide volunteer activities; and
WHEREAS, the City authorizes the use of the Premises for such activities for a limited duration; and
WHEREAS, the Parties desire to enter into this Temporary License (“License”) to allow Licensee to use the Premises in accordance with the terms and conditions set forth herein this Agreement.

Now, therefore, in consideration of the foregoing and of the mutual covenants provided herein, the parties agree as follows:

Scope of License:

1. Subject to the provisions of this License, Licensor hereby grants to Licensee the right to use the Premises on Saturday, April 30, 2022 from 7:00 a.m. until 4:00 p.m.

2. Licensee shall ensure that the Premises are free of litter and debris and shall ensure that at the end of the Temporary Use, the Premises are restored to the same condition as necessary for the City to resume parking uses.

3. Easements. No use of Licensor's Premises pursuant to this License by Licensee shall

create or vest in Licensee any easements or other ownership of property rights of any nature in the Premises. Furthermore, this License shall not constitute an assignment of such rights.

4. The Licensee and the City agree that nothing contained in this Temporary License is intended, or shall be construed as, creating or establishing a partnership or joint venture between the parties here or as designating the Licensee as the agent or representative of the City for any purpose whatsoever.

5. The parties hereto shall at all times observe and comply with, and the provisions of this License are subject to, all laws, ordinances and regulations which in any manner affect the rights and obligations of the parties hereto under this License, so long as such laws, ordinances or regulations remain in effect.

Liability, Indemnification, and Insurance.

1. The City assumes no responsibility for any property of the Licensee brought on or about the Premises, and the City is released from all liability for any loss or damage to property of Licensee sustained by reason of occupancy of the Premises.

2. Licensee agrees to indemnify, defend and hold harmless the City, their directors, officers, employees, and agents from and against any and all claims, losses, damages, expenses, judgments and costs, including attorney's fees and court costs, resulting from Licensee's use of the Premises under this License.

3. Licensee shall, at its own expense, maintain in force during the term of this License the following insurance policies:
a. General Liability Coverage. Licensee shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this License or the general aggregate limit shall be at least twice the required occurrence limit. b. Policy Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language containing the following specific components:
i. The insurance policy number.
ii. A statement that includes the following language: “The City of Daly City. including its officers, officials, employees, and volunteers, are

insureds”
iii. A statement that includes the following language:
“The insurance shall be primary as respects the insured shown in the schedule above, or if excess, shall stand in an unbroken chain of coverage excess of the Named Insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the Insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it.”
iv. A statement that includes the following language:
“The insurance afforded by this policy shall not be canceled except after thirty days prior written notice by certified mail return receipt requested has been given to the City of Daly City.”
c. Certificates of Insurance and Endorsements. Licensee shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be approved by the City Attorney and filed with the City on or before the date that Licensee may use the Property. Current certification of insurance shall be kept on file with the City at all times during the term of this License.

IN WITNESS WHEREOF, the parties have caused this License to be executed on the date shown below.

CITY OF DALY CITY
LICENSOR: LICENSEE:
__________________________ ___________________________
Shawnna Maltbie Pastor Marlon Valladares
City Manager Westlake Community Baptist Church
City of Daly City Love Daly City
Date:______________________ Date:________________________

City Council Meeting Agenda ReportItem # _____
props
Meeting Date: March 28, 2022
Subject: APPROVAL OF A JOINT EXERCISE OF POWERS AGREEMENT FOR THE ESTABLISHMENT

OF THE DALY CITY JOINT POWERS FINANCING AUTHORITY
Recommended Action
Adoption of a resolution approving a Joint Exercise of Powers Agreement for the Establishment of the Daly City Joint Powers Financing Authority.

Background/Discussion
Pursuant to the Joint Exercise of Powers Act (commencing at Government Code Section 6500), two or more public agencies by agreement may establish an agency that is separate from the members (a “joint powers authority”). Joint powers authorities may exercise any power common to the contracting parties and certain powers granted to joint powers authorities by California law.

Joint powers authorities are commonly used by California cities to provide assistance with public financings, including, among others, general fund lease financings and enterprise financings.

Staff has recommended that the City Council approve formation of a new joint powers authority, the Daly City Joint Powers Financing Authority (the “Authority”), which would be established by the City and the North San Mateo County Sanitation District, a county sanitation district organized and existing under the County Sanitation District Act (California Health and Safety Code §4700 et seq.) (the “Sanitation District”) and a subsidiary district of the City. Staff believes that a joint powers authority may be helpful with the financings for the Vista Grande Drainage Project.

Staff has caused a Joint Exercise of Powers Agreement to be prepared. The Agreement provides that the members of the City Council would act as the members of the governing board of the Authority, and that officers of the City would serve in similar capacities for the Authority.

Fiscal Impact
The City will incur minor costs to file information with the State of California related to formation of the Authority, and there will be certain non-material ongoing costs required to administer the Authority, including costs related to preparation of audited financial statements.

Summary/Conclusion
Staff recommends that the City Council adopt a resolution approving a Joint Exercise of Powers Agreement for the Establishment of the Daly City Joint Powers Financing Authority.

Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Respectfully submitted,
Thomas J. Piccolotti Rose Zimmerman
Director of Water and Wastewater Resources City Attorney

Jones Hall Draft 2-16-22
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY

AUTHORIZING THE EXECUTION OF A JOINT EXERCISE OF POWERS

AGREEMENT FOR THE ESTABLISHMENT OF THE DALY CITY JOINT

POWERS FINANCING AUTHORITY
WHEREAS, the City of Daly City (the “City”) and the North San Mateo County Sanitation District, a county sanitation district organized and existing under the County Sanitation District Act (California Health and Safety Code §4700 et seq.) (the “Sanitation District”) and a subsidiary district of the City, wish to form a joint powers authority under the provisions of Article 1 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California (the “Joint Powers Law”), for the purpose of creating a public agency that can, among other purposes authorized under the Joint Powers Law, jointly exercise any power common to the City and the Sanitation District and provide assistance to the Sanitation District and the City in connection with their financing programs; and
WHEREAS, to that end the City Council wishes at this time to approve the execution and delivery of a Joint Exercise of Powers Agreement (the “Agreement”) between the Sanitation District and the City, establishing the Daly City Joint Powers Financing Authority as a joint powers authority under the Joint Powers Law.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Daly City as follows:

Section 1. Establishment of Daly City Joint Powers Financing Authority. The City Council hereby approves the establishment of the Daly City Joint Powers Financing Authority (the “Authority”) under the Joint Powers Law, pursuant to the Agreement, in the form on file with the City Clerk. The appropriate officers of the City are hereby authorized and directed to execute, and the City Clerk is hereby authorized and directed to attest and affix the seal of the City to, the Agreement in the name and on behalf of the City.

Section 2. Authorization to Make Necessary Filings. The City Council hereby authorizes and directs the firm of Jones Hall, A Professional Law Corporation, to cause to be prepared, executed and filed any and all reports, statements and other documents as may be required in order to implement the establishment of the Authority.

Section 3.Effective Date. This Resolution shall take effect immediately upon its passage and adoption.

I hereby certify the foregoing to be a true copy of a Resolution adopted by the City Council of Daly City, California, at a regular meeting thereof held on the 21st day of March, 2022,by the following vote of the members thereof:

2 AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

CITY CLERK OF THE CITY OF DALY CITY
APPROVED:

MAYOR OF THE CITY OF DALY CITY

JOINT EXERCISE OF POWERS AGREEMENT
Daly City Joint Powers Financing Authority
This JOINT EXERCISE OF POWERS AGREEMENT (this “Agreement”) dated as of March 1, 2021, is between the CITY OF DALY CITY, a general law city duly organized and existing under the laws of the State of California (the “City”), and the NORTH SAN MATEO COUNTY SANITATION DISTRICT, a county sanitation district organized and existing under the County Sanitation District Act (California Health and Safety Code §4700 et seq.) and a subsidiary district of the City (the “Sanitation District”); W I T N E S S E T H :

WHEREAS, agencies formed under Article 1 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California (the “Joint Powers Law”) are permitted, among other things, to jointly exercise any power common to their members and provide assistance to their members in connection with the financing of public capital improvements; and
WHEREAS, the City and the Sanitation District wish to form an agency under the Joint Powers Law, to be known as the Daly City Joint Powers Financing Authority (the “Financing Authority”), for the purpose of providing an entity that can, among other things, jointly exercise any power common to the City and the Sanitation District and any additional members and provide assistance to the Sanitation District and the City and any additional members in their respective financing undertakings; NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the City and the Sanitation District do hereby agree as follows:

ARTICLE I

GENERAL PROVISIONS
Section 1.01. Parties.
(a) General. The parties to this Agreement shall be the City, the Sanitation District and each public agency that hereafter executes this Agreement, or any addenda, amendment, or supplement thereto and agrees to become a party to this Agreement, and which has not, pursuant to provisions hereof, withdrawn therefrom (collectively, the “Members”).

A party to this Agreement may be a voting Member or an Associate Member (as defined below).

The rights of any Associate Member under this Agreement shall be limited solely to those rights expressly set forth in any addenda or supplement to this Agreement.

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(b) New Members.
(i)Governing Body Approval; Application. With the approval of two- thirds (2/3rds) of the Board, any qualified public agency (as defined by Section 6500 of the JPA law) may become a party of this Agreement.

A public agency requesting membership may apply by presenting to the Board a certified resolution of the public agency approving of this Agreement.

The date and terms upon which the applying public agency will become a Member will be determined by the Board.
(ii)Associate Member. There is hereby established an “Associate Member” category of membership in the Authority, which shall be available to public agencies in the sole discretion of the Board. An entity shall become an Associate Member of the Authority by adopting one or more agreements or amendments of this Agreement on terms and conditions established by the Board. The rights of Associate Members shall be limited as set forth in such agreements or amendments of this Agreement. Except as expressly provided for by such agreements or amendments of this Agreement, Associate Members shall not have any rights otherwise granted to the other Members of the Authority by this Agreement, including but not limited to the right to vote, the right to amend this Agreement and the right to sit on committees or boards established under this Agreement.

Section 1.02. Purpose. This Agreement is entered into pursuant to the Joint Powers Law. The purpose of this Agreement is to provide for the joint exercise of any powers common to the Members, to provide assistance to the Members from time to time in connection with their financing programs, and for any other financing purposes authorized under Article 4 of the Joint Powers Law (commencing with Section 6584) (the “Bond Act”) and other applicable law.

The Members hereby agree that the Joint Powers Authority is not being formed for the purpose of providing municipal services as that term is used in the Joint Powers Law.

Section 1.03. Creation of Authority. Pursuant to the Joint Powers Law, there is hereby created a joint powers agency to be known as the Daly City Joint Powers Financing Authority (the “Joint Powers Authority”). The Joint Powers Authority is a public entity separate and apart from the Members, and shall administer this Agreement.

The Joint Powers Authority shall be deemed to be created and to exist as an entity which is authorized to transact business and exercise its powers, upon the adoption of a resolution approving the execution and delivery of this Agreement by the Board of Directors of the Sanitation District and the City Council of the City.

Section 1.04. Board.
(a) Composition of Board; Chair. The Joint Powers Authority shall be governed by a Board of Directors (the “Board”) consisting of five (5) directors. Each member of the City Council of the City shall be a member of the Board by virtue of being a member of the City Council of the City. All voting power of the Joint Powers Authority shall reside in the Board.

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The Mayor of the City shall act as the Chair of the Board. The Chair shall perform the duties normal to said office and such duties as may be imposed by the Board.

Immediately upon admission of a new Member that is not an Associate Member pursuant to Section 1.01(b), such Members shall be entitled to appoint two members of the Board.
(b) Call, Notice and Conduct of Meetings. All meetings of the Board, including without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act of the State of California (constituting Chapter 9 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California).
(c) Quorum. A majority of the members of the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. The affirmative votes of at least a majority of the Board members present at any meeting at which a quorum is present are required to take any action by the Board. (d) Time and Place of Regular Meetings. The Board shall conduct a regular meeting on _____, 2021, at the hour of ___ p.m. in the City Council chambers, 330 90th Street, Daly City, CA 94015. Thereafter, unless otherwise established by the Board by resolution, regular meetings shall be held on the same date and time as regular meetings of the City Council of the City. If the Secretary does not post an agenda for a regular meeting pursuant to Government Code Section 54954.21, then such failure to post shall be deemed to be a determination by the Chair that no items required discussion and, therefore, that the regular meeting should be cancelled, except as otherwise provided in Section 54954.2.
(e) Minutes. The Secretary shall cause to be kept minutes of the meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director and to the Members.
(f) Bylaws. The Board may adopt, from time to time, such bylaws, rules and regulations for the conduct of its meetings as are necessary for the purposes hereof.

Section 1.05. Treasurer. Pursuant to Section 6505.5 and 6505.6 of the Joint Powers Law, the person performing the functions of the treasurer of the City is hereby designated as the initial Treasurer of the Joint Powers Authority and, as such, shall perform the functions of the treasurer of the Joint Powers Authority, as such functions are set forth in Section 6505.5 of the Joint Powers Law. Pursuant to Section 6505.1 of the Joint Powers Law, the Treasurer shall have charge of, handle and have access to all accounts, funds and money of the Joint Powers Authority and all records of the Joint Powers Authority relating thereto. As treasurer of the Joint Powers Authority, the Treasurer has custody of all of the accounts, funds and money of the Joint Powers Authority from whatever source.

In the event, but only in the event, that the Treasurer holds moneys for the account of the Joint Powers Authority or the Members, the Treasurer shall verify and report in writing at least quarterly to the Board and the Members the amount of money so held, the amount of receipts since the last such report, and the amount paid out since the last such report.

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The Board, by resolution, may authorize the Treasurer to sign contracts on behalf of the Joint Powers Authority.

Section 1.06. Auditor. Pursuant to Section 6505.5 of the Joint Powers Law, the person performing the functions of the chief financial officer of the City is hereby designated as the initial Auditor of the Joint Powers Authority and, as such, shall perform the functions of the auditor of the Joint Powers Authority, as such functions are set forth in Sections 6505 and 6505.5 of the Joint Powers Law.

As auditor of the Joint Powers Authority, the Auditor shall draw warrants to pay demands against the Joint Powers Authority when the demands have been approved by the Board and shall assure that there is strict accountability of all funds and reporting of all receipts and disbursements of the Joint Powers Authority.

Section 1.07. Other Officers and Employees of the Joint Powers Authority. (a) Other Officers. In addition to the Chair, the Treasurer and the Auditor, the officers of the Joint Powers Authority shall consist of an Executive Director, a Secretary and a General Counsel, who shall consist of the City Manager, the City Clerk and the City Attorney, respectively. The deputies and assistants of such City Manager, City Clerk and City Attorney shall constitute deputies and assistants of the Executive Director, Secretary and General Counsel of the Authority, respectively. The deputies and assistants of the chief financial officer of the City shall constitute deputies and assistants of the Treasurer of the Authority.
(b) Duties of Executive Director. The Executive Director shall perform such functions as are customary in the exercise of such a position, and as may be more specifically provided by the Board from time to time. The Executive Director shall have charge of the day-to-day administration of the Joint Powers Authority and shall execute the directives of the Board. The Executive Director shall sign all contracts on behalf of the Joint Powers Authority, except as may otherwise be provided by resolution of the Board.
(c) Duties of Secretary. The Secretary shall perform such functions as are customary in the exercise of such positions, and as may be more specifically provided by the Board from time to time. The Secretary shall have charge of the records of the Joint Powers Authority and is responsible for recording the minutes of all meetings of the Board.
(d) Duties of General Counsel. The General Counsel shall perform such functions as are customary in the exercise of such positions, and as may be more specifically provided by the Board from time to time.
(e) Other Consultants and Contractors. The Board shall have the power to appoint and employ such other consultants and independent contractors as may be necessary for the purposes of this Agreement.
(f) Miscellaneous. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers' compensation and other benefits which apply to the activities of officers, agents, or employees of a public agency when performing their respective functions shall apply to

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them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement.

None of the officers, agents, or employees directly employed by the Board shall be deemed, by reason of their employment by the Board to be employed by any of the Members or, by reason of their employment by the Board, to be subject to any of the requirements of any of the Members.

Section 1.08. Bonding of Officers. From time to time, the Board may designate officers of the Joint Powers Authority having charge of, handling or having access to any records, funds or accounts or other assets of the Joint Powers Authority, and the respective amounts of the official bonds of such officers and such other persons pursuant to Section 6505.1 of the Joint Powers Law. In the event that any officer of the Joint Powers Authority is required to be bonded pursuant to this Section 1.08, such bond may be maintained as a part of or in conjunction with any other bond maintained on such person by any Member, it being the intent of this Section 1.08 not to require duplicate or over-lapping bonding requirements from those bonding requirements which are otherwise applicable to the Members.

ARTICLE II
POWERS
Section 2.01. General Powers. The Joint Powers Authority shall exercise the powers granted to it under the Joint Powers Law and other applicable laws, including but not limited to the powers set forth in the Bond Act and the powers common to each of the Members, as may be necessary to the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 2.02. As provided in the Joint Powers Law, the Joint Powers Authority is a public entity separate and apart from the Members.

Section 2.02. Restrictions on Exercise of Powers. The powers of the Joint Powers Authority shall be exercised in the manner provided in the Joint Powers Law, the Bond Act and other applicable laws, and, except for the exercise of those powers set forth in the Bond Act and such other applicable laws, shall be subject (in accordance with Section 6509 of the Joint Powers Law) to the restrictions upon the manner of exercising such powers that are imposed upon the City.

Section 2.03. Non-Liability of Members and Directors For Obligations of Authority. The debts, liabilities and obligations of the Joint Powers Authority shall not be the debts, liabilities and obligations of any of the Members. No member, officer, agent or employee of the Joint Powers Authority is individually or personally liable for the payment of the principal of or premium or interest on any obligations of the Joint Powers Authority or be subject to any personal liability or accountability by reason of any obligations of the Joint Powers Authority. Nothing herein contained relieves any such member, officer, agent or employee from the performance of any official duty provided by law or by the instruments authorizing the issuance of any obligations of the Joint Powers Authority.

In addition, no Member shall assume any liability or responsibility for any debts, liabilities or obligations which may be incurred by the other Member in connection with

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the issuance of bonds or other obligations of the Joint Powers Authority for the benefit of such other Member.

Section 2.03. Limited Control. Notwithstanding any other provision of this Agreement, no Member shall have any rights to control the operations of the any facilities owned by another Member solely as a result of the provisions of this Agreement.

ARTICLE III
CONTRIBUTION; ACCOUNTS AND REPORTS; FUNDS
Section 3.01. Contributions. All costs of administering the Authority shall be paid as set forth in Section 3.04.

The Members may, but are not required to: (a) make contributions from their treasuries for any of the purposes set forth herein, (b) make payments of public funds to defray the cost of such purposes, (c) make advances of public funds for such purposes, such advances to be repaid as provided herein, or (d) use their personnel, equipment or property in lieu of other contributions or advances.

In addition to the general provision set forth in the previous paragraph, the Members hereby expressly agree that the Joint Powers Authority may enter into one or more agreements with one or more parties to this Agreement pursuant to which such other party will agree to pay its share of the costs of a particular financing, including debt service and related costs. The Authority may require such other party to (y) secure its payment obligation with a pledge of revenues on terms acceptable to the Authority and (z) agree to fix, prescribe, revise and collect rates, fees and charges as are sufficient to pay such other party’s payment obligations under the agreement with the Joint Powers Authority and the costs of operating and maintaining related capital facilities.

Furthermore, the Members hereby expressly agree that the Joint Powers Authority may receive and accept from any source, loans, contributions, or grants, in either money, property, labor, or other things of value, for, or in aid of, the construction financing, or refinancing of public capital improvement, or any portion thereof or for the financing of working capital or insurance programs, or for the payment of the principal of and interest on bonds if the proceeds of those bonds are used for one or more of the purposes set forth herein.

Section 3.02. Accounts and Reports. To the extent not covered by the duties assigned to a trustee chosen by the Joint Powers Authority, the Treasurer shall establish and maintain such funds and accounts as may be required by good accounting practice or by any provision of any trust instrument entered into with respect to the proceeds of any bonds issued by the Joint Powers Authority. The books and records of the Joint Powers Authority in the hands of a trustee or the Treasurer shall be open to inspection at all reasonable times by representatives of any of the Members. The trustee appointed under any trust agreement shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of said trust agreement. Said trustee may be given such duties in said trust instrument as may be desirable to carry out this Agreement.

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Annual audits of the Authority’s accounts and records shall be made by an independent CPA firm, and reports shall be filed in the manner provided in Section 6505 of the California Government Code.

Section 3.03. Funds. Subject to the applicable provisions of any instrument or agreement which the Joint Powers Authority may enter into, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer shall receive, have the custody of and disburse Authority funds as nearly as possible in accordance with generally accepted accounting practices, shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement.

Section 3.04. Annual Budget and Administrative Expenses. The Board shall adopt a budget for administrative expenses, which shall include all expenses not included in any financing issue of the Authority, annually prior to July 1st of each year.

The estimated annual administrative expenses of the Authority shall be allocated by the Authority as determined by the Board.

ARTICLE IV

MISCELLANEOUS PROVISIONS
Section 4.01. Term. This Agreement shall become effective, and the Joint Powers Authority shall come into existence, on the date of execution and delivery hereof, and this Agreement and the Joint Powers Authority shall thereafter continue in full force and effect until terminated by a supplemental agreement of the City and the Sanitation District.

Section 4.02. Disposition of Assets. Upon the termination of this Agreement, all property of the Joint Powers Authority, both real and personal, including but not limited to surplus money, shall be divided between the Members in such manner as determined by the Board.

Section 4.03. Notices. Notices hereunder must in writing and will be sufficient if delivered to:

North San Mateo County
Sanitation District
153 Lake Merced Boulevard
Daly City, CA 94015
Attention: General Manager
City of Daly City
333 90th Street,
Daly City, CA 94015
Attention: City Manager
Section 4.04. Section Headings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing the language in the section referred to or to define or limit the scope of any provision of this Agreement.

Section 4.05. Law Governing. This Agreement is made in the State of California under the Constitution and laws of the State of California, and is to be so construed.

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Section 4.06. Amendments. This Agreement may be amended at any time, or from time to time, except as limited by contract with the owners of any bonds issued by the Joint Powers Authority or by applicable regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by all of the parties to this Agreement either as required in order to carry out any of the provisions of this Agreement or for any other purpose, including without limitation addition of new parties (including any legal entities or taxing areas heretofore or hereafter created) in pursuance of the purposes of this Agreement.

Section 4.07. Severability. Should any part, term or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby.

Section 4.08. Counterpart. This Agreement may be executed in counterparts and be as valid and binding as if each party signed the same copy. A faxed copy of the executed signature page shall be sufficient to cause the terms of this Agreement to become fully operative. The effective date of the Agreement shall be the latest date that the City or County executed the Agreement.

Section 4.09. Successors. This Agreement is binding upon and inures to the benefit of the successors of the respective Members. No Member may assign any right or obligation hereunder without the written consent of the other Member(s) other that are not Associate Members.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers.

CITY OF DALY CITY
By:

Authorized Officer
Dated:

Attest:

City Clerk

NORTH SAN MATEO COUNTY

SANITATION DISTRICT
By:

General Manager
Dated:

Attest:

Secretary

City Council Meeting Agenda ReportItem # _____
Meeting Date: March 28, 2022
Subject: Revisions to Chapter 2.58 of the Daly City Municipal Code – Small Business Commission Meeting Frequency
Recommended Action
Staff recommends that the City Council approve the attached revised ordinance increasing the frequency of regularly scheduled Small Business Commission meetings from six (6) to twelve (12) meetings per year.

Background
In January 2020, City Council adopted ordinance number 1435 which added chapter 2.58 to the Daly City municipal code establishing a Small Business Commission. As written in the approved ordinance, the five-member Commission holds six (6) regularly scheduled meetings per year taking place at 7pm on the second Thursday of every other month.

In late-2021, based on feedback from City Council and members of the Small Business Commission, it was indicated to staff that there was interest in increasing the frequency of Small Business Commission meetings from six (6) to twelve (12) regularly scheduled meetings per year. To confirm this interest, staff distributed a survey to Small Business Commissioners in November 2021 requesting their feedback and comment.

The results of the survey demonstrated unanimous interest from members of the Small Business Commission in increasing the frequency of regularly scheduled Small Business Commission meetings from six (6) to twelve (12) meetings per year.

Summary / Conclusion
Staff recommends that the City Council approve the attached revised ordinance increasing the frequency of regularly scheduled Small Business Commission meetings from six (6) to twelve (12) meetings per year.

Staff is available to provide any additional information desired by the Mayor and Councilmembers.

Respectfully submitted,
Brandon Phipps Tatum Mothershead
Economic Development Specialist Director of Economic and Community Development

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF DALY CITY AMENDING
SECTION 2.58.060 OF TITLE 2 OF THE DALY CITY MUNICIPAL CODE RE: SMALL BUSINESS COMMISSION MEETINGS
The City Council of the City of Daly City, DOES ORDAIN as follows:

SECTION 1. Section 2.58.060 of Chapter 2.58 of the Daly City Municipal Code is hereafter amended to read as follows:

Chapter 2.58

SMALL BUSINESS COMMISSION
Sections 2.58.060 Meetings

2.58.060 Meetings.

The small business commission shall hold a minimum of twelve (12) regular meetings in each calendar year at the City Council Chambers located in City Hall, 333 90 th Street, Daly City, California. The commission shall meet on the second Thursday of every other month (i.e., February, April, June, August, October, December) at seven p.m. of such day. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the following business day.

Three members of the commission shall constitute a quorum for the transaction of business. A majority of the quorum shall have the authority to act on any matter regularly coming before the commission. Meetings may be adjourned, or special meetings called in compliance with the provisions of the Ralph M. Brown Act (commencing with Government Code Section 54950) or as may hereafter be amended.

SECTION 2. Severability. If any section, subsection, provision or part of this Ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this Ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this Ordinance are severable.

SECTION 3. Environmental Determination. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15378, that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a project as provided by the Act, in that it does not have a potential for resulting in a detrimental physical change in the environment, directly or ultimately, as provided in Title 14, Section 15378(a), and that it is also exempt under the definition of "project" in Section 15378(b)(3) in that it concern general policy and procedure making.

SECTION 4. Effective Date and Publication: This Ordinance shall be in full force and effect thirty (30) days from and after its passage. This Ordinance shall be published according to law.

Introduced this day of , 2022
Passed and adopted as an Ordinance of the City of Daly City at a regular meeting of the City Council of the City of Daly City held on the day of , 2022, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

Absent, Councilmembers:

CITY CLERK OF THE CITY OF DALY CITY
APPROVED:

MAYOR OF THE CITY OF DALY CITY

City Council Meeting Agenda ReportItem # _____
Meeting Date: March 28, 2022
Subject: Coastal Development Permit (Use Permit UPR-2-22-15536) — On-Site Movement of Landfill Waste at Mussel Rock Landfill (150 Westline Drive) Recommended Action
Approve the Coastal Development Permit (Use Permit UPR-2-22-15536) subject to the Findings and Conditions as outlined herein.

Planning Commission Discussion
On March 1, 2022, the Planning Commission voted 4-0 (Commissioner Satorre absent) to recommend that the City Council approve Coastal Development Permit (Use Permit UPR-2-22- 15536). Commissioner Proaño asked if landfill that is being exposed over time would just be mitigated as it comes into view or if there was a more comprehensive approach to mitigating the landfill exposure issue at the site. Kevin Fehr, City Engineer, answered that the City was initiating consultant studies to determine more precisely what was going on with the landfill, but that the current scope is to mitigate the immediate condition while more in-depth studies are undertaken.

Commissioner Villanueva asked what hydroseeding is. Kevin Fehr answered that hydroseeding is process by which the contractor sprays a seed mix over the parts of the site that have become bare earth during the work to re-establish vegetation.

Background
The City has maintained the Mussel Rock Landfill in compliance with the Regional Water Quality Control Board (RWQCB) requirements since the landfill’s closure in 1978 (see Attachment A – Location Map). The site is located within an active landslide and is subject to ground movement and erosion.

In general, routine maintenance improvements and repairs are necessary at the landfill to avoid exposing and releasing buried garbage into the ocean. The City’s maintenance efforts are focused on adequate landfill cover, integrity of the site’s drainage system, structural integrity and maintenance of the seawall, erosion prevention and maintaining the maintenance access roads. Due to ground movement, natural erosion, and vegetation growth, maintenance and repair activities are required to maintain the seawall, the maintenance access roads, and the functionality of the storm drain system.

Each of these efforts is intended to maintain the landfill in accordance with all regulatory requirements. In mid-January, City staff observed that a portion of the Upper Disposal Area has been exposed and requires mitigation.

Proposed Maintenance Activities
The maintenance activities under the current proposal involve the removal of landfill waste from the upper north canyon face estimated to be on average 10 feet deep and up to 40 feet below existing grade in order to remove all waste visible on the canyon face (see Attachment B – Site Maintenance Plan). The aerial extent is estimated to 80 feet along the top of the canyon wall and 30 feet up slope,

City Council Agenda Report
Coastal Development Permit (Use Permit UPR-2-22-15536) March 28, 2022 On-Site Movement of Landfill Waste at Mussel Rock Landfill (150 Westline Drive) Page 2 and an additional are in the center of the canyon face will be excavated. With these dimensions, the estimated excavated quantity of landfill waste and soil would be approximately 1,190 cubic yards (in place). The actual quantity may vary if the bottom of waste is either deeper or less deep than the estimated average depth of 10 feet. Additional materials at the base of the north canyon adjacent to the beach area will be removed totaling up to 2,000 cubic yards (in place). A drainage swale would be constructed to guide drainage away from the upper area. Excavated materials will be disposed on-site at the disposal cell located approximately 0.25 miles to the south. The primary purpose of this removal action is to eliminate waste from the edge of the cliff. The upper area will be hydroseeded upon completion.

Coastal Development Permit
The subject site is located within the Open Space (OS) district and Resource Protection (-RP) combining district, the latter of which requires a Coastal Development Permit (CDP) for new structures. Staff has determined that a CDP is required for the proposed maintenance activities.

The purpose of the CDP is to assure that the proposed activities within the Resource Protection combining district do not create or contribute to adverse impacts to sensitive resources or geotechnically hazardous areas, nor impact coastal resources in contradiction of the Daly City Coastal Program and California Coastal Act.

Considering these mandates, staff has found the proposed maintenance activities consistent with the requirements of the Resource Protection combining district in the following ways:

1. None of the proposed maintenance activities constitute a building or structure, nor are any improvements proposed within fifty feet from a bluff edge of the bluff;

2. None of the proposed maintenance activities require permanent foundations or footings. The existing pipes that will be maintained are instead inset and/or anchored to the ground, and/or run overground, and, as such, do not constitute structures subject to further geotechnical investigation;

3. The proposed maintenance activities would not impede public access to the coastline, promontories, or scenic vistas, nor would they obstruct views to or from the coastline, promontories, or vistas. No aboveground pipes are proposed over existing trails or pedestrian access routes;

4. The proposed maintenance activities are consistent with the provisions of the Resource Protection combining district, which limit grading operations to those activities required for drainage or erosion control;

5. Any grading undertaken as part of the proposed maintenance activities will meet the standards and requirements of the State of California and City of Daly City; and

City Council Agenda Report
Coastal Development Permit (Use Permit UPR-2-22-15536) March 28, 2022 On-Site Movement of Landfill Waste at Mussel Rock Landfill (150 Westline Drive) Page 3 Environmental Assessment
The Planning Commission has reviewed the proposed maintenance activities under the requirements of the California Environmental Quality Act (CEQA) and has determined that the activities are exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301(d) – Restoration of Damaged Structures.

Findings
The Planning Commission found that the proposed Coastal Development Permit (Use Permit Use Permit UPR-2-22-15536) is in accordance with Chapter 17 of the Daly City Municipal Code. Approval of the proposed project will not be detrimental to the health, safety, morals, comfort and general welfare of persons residing or working in the vicinity. The proposed project would not be injurious or detrimental to property and improvements in the neighborhood or result in substantial environmental damage or disturbance. The Planning Commission therefore recommends that the City Council make the following findings for approval of Coastal Development Permit (Use Permit UPR-2-22-15536):

1. In accordance with Title 17 of the Daly City Municipal Code, as well as applicable State zoning enabling legislation, the City Council conducted a public hearing on March 28, 2022; notice of said hearing was by newspaper publication, and posting and first class mailing to property owners within 300 feet of the site and residents within 100 feet of the site, on March 17, 2022.

2. The City Council has reviewed the proposal under the requirements of the California Environmental Quality Act (CEQA) and has determined that the proposed maintenance activities are exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301(d) – Restoration of Damaged Structures.

3. The proposed project as a conditioned, is consistent with the Zoning Regulations Chapter

17.27, Resource Protection Combining District, and is compatible with other permitted uses listed within the zone. The project would not be detrimental to the uses within the vicinity of the project site for the following reasons:
(a) None of the proposed maintenance activities do not constitute a building or structure, nor are any improvements proposed within fifty feet from a bluff edge of the bluff; (b) None of the proposed maintenance activities require permanent foundations or footings.

The existing pipes that will be maintained are instead inset and/or anchored to the ground, and/or run overground, and, as such, do not constitute structures subject to further geotechnical investigation;
(c) The proposed maintenance activities would not impede public access to the coastline, promontories, or scenic vistas, nor would they obstruct views to or from the coastline, promontories, or vistas. No aboveground pipes are proposed over existing trails or pedestrian access routes;

City Council Agenda Report
Coastal Development Permit (Use Permit UPR-2-22-15536) March 28, 2022 On-Site Movement of Landfill Waste at Mussel Rock Landfill (150 Westline Drive) Page 4 (d) The proposed maintenance activities are consistent with the provisions of the Resource Protection combining district, which limit grading operations to those activities required for drainage or erosion control;
(e) Any grading undertaken as part of the proposed maintenance activities will meet the standards and requirements of the State of California and City of Daly City; and

4. The proposed project as conditioned will allow the City to continually assure adequate landfill cover, and will mitigate the exposed waste condition.

5. The project as conditioned meets the Daly City Coastal Element and Coastal Act Policies for Hazard Areas § 30253 (1) and (2) Standards for new development, as the improvement proposed are minor and have been designed to minimize risks to life and property in areas of high geologic, flood and fire hazard, and to assure stability and structural integrity and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that could substantially alter natural landforms along bluffs and cliffs.

Conditions of Approval
The Planning Commission recommends approval of Coastal Development Permit (Use Permit Use Permit UPR-2-22-15536) based on the following conditions as specified by each Department and Division. The City shall comply with these conditions prior to or in conjunction with any building permit issuance for the proposed improvements.

A. DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

1. The project shall be valid only in conjunction with detailed plans submitted with this project.

Any modifications required, due to the Conditions of Approval and minor changes to the plan, must be approved by the Planning Division. Major site modifications shall be treated as an amendment and shall be subject to review of the Planning Commission and City Council;

2. The use permit (Coastal Development Permit) approval granted herein shall be valid for a period of one year. If work has not commenced within this timeframe, the City shall apply for a time extension; and

RECOMMENDATION
The Planning Commission recommends that the City Council take the following actions:

1. Adopt the Findings as outlined herein;

2. Approve Use Permit UPR-2-22-15536 (Coastal Development Permit) subject to Conditions of Approval identified herein.

City Council Agenda Report
Coastal Development Permit (Use Permit UPR-2-22-15536) March 28, 2022 On-Site Movement of Landfill Waste at Mussel Rock Landfill (150 Westline Drive) Page 5 Respectfully submitted,
Michael Van Lonkhuysen Tatum Mothershead
Planning Manager Director of Economic and
Community Development
Attachments
Attachment A – Location Map
Attachment B – Site Maintenance Plan

PACIFIC
OCEAN
HIGHWAY 35
HIGHWAY 1SITE

ORDINANCE NO. 1454

AN ORDINANCE OF THE CITY OF DALY CITY REPEALING AND REPLACING CHAPTER 8.64 OF THE DALY CITY MUNICIPAL CODE REGULATING THE USE OF

DISPOSABLE FOOD SERVICE WARE BY FOOD FACILITIES
The City Council of the City of Daly City, DOES ORDAIN as follows:

SECTION 1. Findings.

The City Council finds and determines that:
(a) The production, management, and consumption associated with disposable food service ware, typically used for only a few minutes before being discarded, have significant environmental impacts, including environmental contamination; consumption of precious resources such as energy and water; emissions of greenhouse gases; air and water pollution; litter on streets; and plastic pollution in waterways and oceans. (b) Disposable food service ware constitutes a substantial portion of the litter found within City of Daly City and the rest of the Bay Area. These types of food service ware are commonly littered or blown out of trash receptacles and migrate through the storm drain system where they eventually end up in the ocean and the county’s beaches and creeks. (c) Polystyrene is a petroleum-based, lightweight plastic material commonly used as food service ware by retail food vendors. Polystyrene, often referred to by the trademark, Styrofoam, has also become a problematic environmental pollutant given its non- compostable and nearly non-reusable nature.
(d) The most effective ways to reduce the negative environmental impacts of disposable food service ware include, in order of priority, using reusable food service ware; using natural- fiber based compostable materials, many made from renewable resources such as bamboo, wheat stalk/stem, and sugarcane that do not contain toxic chemicals; and recycling food service ware. When products are reused and recycled, natural resources are spared, less energy is used for the production of new products, and premium landfill space is preserved.

When compostable products are turned into compost, they can reduce water use and lessen the need for fertilizer at the site where the compost is applied (e.g., gardens, yards, farm land, etc.), which can also lead to cost savings since less/no fertilizers need to be purchased. (e) Compostable food service ware such as cups, plates, clamshell containers, and utensils are now made from paper, sugarcane stalk, bamboo, wheat stalk/straw, and other blends of natural plant fibers. As these products degrade, they pose less of a danger to the environment.
(f) Even with the emergence of compostable plastics, which are derived from renewable biomass sources such as plants and microorganisms, there are limited certified types of compostable plastic that biodegrade in a marine environment. (g) Certain disposable food service ware, including compostable paperboard containers, may contain fluorinated chemicals, also known as per- and polyfluorinated alkyl substances (PFAS), which are synthetic chemicals commonly used in disposable food service ware to repel water and grease. Fluorinated chemicals pose a public health risk as they have been linked to serious health effects including kidney and testicular cancer, thyroid disruption, delayed puberty, and obesity.
(h) Plastics in waterways and oceans break down into smaller pieces, called microplastics, that do not biodegrade and are present in most of the world’s oceans. Microplastics consumed by marine organisms make their way into animals’ tissues and are beginning to show up in the fish that humans consume. Plastic debris also attracts and concentrates ambient

pollutants in seawater and freshwater, which can transfer to fish and other seafood that is eventually sold for human consumption.
(i) Reduction of disposable food service ware in the environment will advance compliance with federal, state, county and city clean water mandates, including the City’s Municipal Regional Stormwater Permit requirement, by helping to reduce trash and litter in stormwater discharges.
(j) Understanding the importance of and need for reducing plastic litter, the City adopted a plastic bag ban ordinance in 2012. Adopting this Ordinance will help further reduce the amount of litter entering the city’s storm drains, creeks, the bay, and the ocean. (k)The City Council adopted Ordinance No. 1451 on September 13, 2021, prohibiting the use of polystyrene based disposable food service ware by food vendors, with the mandatory provisions scheduled to become operative and subject to enforcement on October 1, 2022. (l) Recognizing the hardship caused by service ware by retail food vendors. Polystyrene, often referred to by the trademark, Styrofoam, has also become a problematic environmental pollutant given its non-compostable and nearly non-reusable nature. (m)On October 5, 2021, AB 1276 was signed into law by Governor Gavin Newsom. AB 1276 restricts the distribution of single-use foodware accessories (e.g., utensils, straws, stirrers, condiment packets, etc.) by restaurants and other food facilities. (n) On October 5, 2021, AB 1200 was also signed into law by the Governor. AB 1200 mandates that no person shall distribute, sell, or offer for sale in the state any food packaging (including single-use foodware) that contains regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS).
(o) The Ordinance includes requirements that are well aligned with many of the requirements on foodware in AB 1276 and AB 1200. However, some discrepancies exist. As such, the Ordinance must be amended to ensure alignment with requirements in both State bills.

SECTION 2. Chapter 8.64 of the Daly City Municipal Code is hereby repealed and replaced in its entirety by a new Chapter 8.64 to be numbered and entitled and to read as follows:

CHAPTER 8.64

REGULATING THE USE OF DISPOSABLE FOOD SERVICE WARE

8.64.010– Definitions.

8.64.020– Distribution of Disposable Food Service Ware Accessories.

8.64.030– Standards and Required Use of Disposable Food Service Ware.

8.64.040– Recordkeeping and Inspection.

8.64.050 - Automatic Exemptions.

8.64.060– Case-by-Case Consideration of Requests for Hardship Exemption.

8.64.070– Authorization of enforcement by San Mateo County personnel.

8.64.010 – Definitions.

For purposes of this Chapter, the following terms have the following meanings:

(a) “Aluminum Foil-based” means any Disposable Food Service Ware composed entirely of aluminum, including but not limited to aluminum tray liners, aluminum foil, and aluminum foil baskets.
(b) “Compostable” means that an item or material:

1. Meets standards for compostability from a certified/approved independent third-party approved by the County Manager or designee, in collaboration with local waste processors, haulers, and/or other entities, as needed; and/or

2. Is any variation of acceptable materials that will break down or otherwise become part of usable compost in a safe and timely manner as determined by the County Manager or designee, in collaboration with local waste processors, haulers, and/or other entities, as needed; and

3. Is Natural Fiber-based. Compostable items may include those that are made entirely of Natural Fiber or Natural Fiber-based items that are coated or lined with biologically based polymer, such as, but not limited to corn or other plant sources (e.g., compostable plastics), if certified/approved by independent third parties approved by the County Manager or designee
“Compostable” does not include items made entirely/primarily of biologically based polymer (e.g., PLA, PHA, or other compostable plastic), even if labeled or certified as compostable.
(c) “Disposable” means designed to be discarded after a single or limited number of uses and not designed or manufactured for long-term multiple reuse. (d) “Food Service Ware” means food contact products used for serving, distributing, holding, packaging, and/or transporting Prepared Food including, but not limited to plates, cups, bowls, trays, clamshell containers, boxes, utensils, straws, lids, and food contact paper (e.g., wraps, bags, tray liners, etc.). The term "Food Service Ware" includes Food Service Ware Accessories and Standard Condiment in Disposable packaging. (e) “Food Service Ware Accessories” include different types of Food Service Ware such as straws, stirrers, cup spill plugs, cup sleeves, condiment packets, utensils, cocktail sticks/picks, toothpicks, napkins, and other similar accessory or accompanying Food Service Ware used as part of food or beverage service or packaging. Detachable lids for beverage cups and food containers are not considered a Food Service Ware Accessory. (f) “Perfluoroalkyl and Polyfluoroalkyl substances (PFAS)" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (g) Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Restrictions” mean either of the following:

1. PFAS has not been intentionally added to a product or product component.

2. The presence of PFAS in a product or product component is below 100 parts per million, as measured in total organic fluorine.
(h) “Food Facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food to the public for human consumption, as defined by the California Health and Safety Code Section 113789 or successor. It includes both permanent and temporary food facilities. Public schools are exempt from the provisions of this Chapter. (i) “Food Scrap Composting Method” means (1) self-hauling of food scraps to a permitted composting facility or a transfer station that accepts food scraps that will be transferred to a permitted composting facility for on-site compost processing, (2) food scrap compost collection service provided by a curbside hauler, or (3) on-site food scrap composting. (j) “Healthcare Facilities” mean places that provide healthcare to the public. Healthcare Facilities includes, but is not limited to hospitals, clinics, outpatient care centers, nursing homes, psychiatric care centers, medical offices, hospice homes, mental health and

addiction treatment centers, orthopedic and other rehabilitation centers, urgent care, birth centers, etc.
(k) “Natural Fiber/Natural Fiber-based” means a plant or animal-based, non-synthetic fiber, including but not limited to products made from paper, sugarcane, bamboo, wheat stems/stalk, hay, wood, etc.
(l) “Non-Compostable” means not meeting the definition of Compostable set forth in this Chapter.
(m)“Polystyrene-based” means and includes expanded polystyrene, which is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). The term "polystyrene" also includes polystyrene that has been expanded or blown using a gaseous blowing agent into a solid foam (expanded polystyrene [EPS]) and clear or solid polystyrene known as oriented polystyrene. (n) “Prepackaged Food” means any properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer and prepared at an approved source.
(o) “Prepared Food” means food or beverages that undergo a cooking or food preparation technique on the Food Facility’s premises for consumption by the public. Cooking or food preparation technique includes, but is not limited to the following:

1. Cooking methods, utilizing the application of heat, such as steaming, microwaving, simmering, boiling, broiling, grilling, frying, or roasting.

2. Beverage preparation, such as blending, brewing, steeping, juicing, diluting, or pouring.

3. Food preparation techniques, such as defrosting, rinsing, washing, diluting, cutting, portioning, mixing, blending, assembling, coating, dipping, garnishing, decorating, or icing.

Prepared Food does not include raw eggs or raw, butchered meats, fish, and/or poultry sold from a butcher case, a refrigerator case, or similar retail appliance. (p) “Standard Condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, and includes different types such as ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, and sugar/sugar substitutes. (q) “Takeout Food” means Prepared Food that is purchased to be consumed off a Food Facility’s premises. Takeout Food includes Prepared Food delivered by a Food Facility or by a third-party Takeout Food Delivery Service.
(r) “Takeout Food Delivery Service” is a service for online food ordering and delivery of Prepared Food \from a Food Facility to a customer. This service can be provided directly by the Food Facility or by a third-party.
(s) “Utensils” include different types of instruments used to assist the consumption of food, specifically, forks, knives, spoons, sporks, chopsticks, and tongs.

8.64.020 – Distribution of Disposable Food Service Ware Accessories and Standard Condiment.
(a) Except as provided in Subsections (b) and (c), Food Facilities, for on-premise dining and off-premise dining (e.g., Takeout Food Delivery Service, catering off-site, etc.), shall not provide any Disposable Food Service Ware Accessories or Standard Condiment in Disposable packaging to a consumer unless the specific type of Disposable Food Service

Ware Accessory (including different types of Utensils) or specific type of Standard Condiment is requested by the consumer.
(b) Food Facilities may ask a drive-through consumer if the consumer wants a specific type of Disposable Food Service Ware Accessory (including different types of Utensils), if the item is necessary for the consumer to consume Prepared Food or to prevent spills of or safely transport Prepared Food.
(c) Disposable Food Service Ware Accessories and Standard Condiment in Disposable packaging provided by Food Facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of Disposable Food Service Ware Accessory (including different types of Utensils) or type of Standard Condiment desired without also having to take a different type of Disposable Food Service Ware Accessory or type of Standard Condiment. Food Facilities cannot distribute Disposable Utensils that are bundled or packaged together. Each type of Utensil (e.g., fork, spoon, knife, etc.) must be specifically requested by the consumer in order for a Food Facility to provide the item(s).
(d) Nothing in this Chapter shall prohibit a Food Facility from making unwrapped Disposable Food Service Ware Accessories available to a consumer using refillable self-service dispensers that dispense different types of Disposable Food Service Ware Accessories one item at a time to allow for Disposable Food Service Ware Accessories to be obtained. (e) Nothing in this Chapter shall prohibit a Food Facility from making Standard Condiment available to a consumer using refillable self-service dispensers to allow for Standard Condiment to be obtained. Food Facilities that offer Standard Condiment are encouraged to use bulk dispensers for the condiments rather than condiments packaged for single-use. (f) Takeout Food Delivery Services shall provide consumers with the option to proactively request the different types of available Disposable Food Service Ware Accessories (including different types of Utensils) and the different types of Standard Condiment from a Food Facility serving Prepared Food. The default option on the digital ordering/point-of- sale platforms of Takeout Food Delivery Services shall be that no Disposable Food Service Ware Accessories or Standard Condiment are requested.
(g) Takeout Food Delivery Services shall provide Food Facilities the ability to tailor the digital ordering/point-of-sale platforms so that Food Facilities can customize and itemize the different types of available Disposable Food Service Ware Accessories (including different types of Utensils) and the different types of available Standard Condiments for consumers to proactively select.
(h) If a Food Facility uses any Takeout Food Delivery Service, the Food Facility shall customize its menu with an itemized list and/or provide options of the different types of available Disposable Food Service Ware Accessories (including different types of Utensils) and the different types of available Standard Condiments for consumers to proactively select. Only those specific types of Disposable Food Service Ware Accessories (including different types of Utensils) or specific types of Standard Condiment proactively requested by the consumer shall be provided by the Food Facility. If a consumer does not request any Disposable Food Service Ware Accessories or Standard Condiment, no Disposable Food Service Ware Accessories or Standard Condiment shall be provided by the Food Facility for delivery of Prepared Food. Pursuant to Subsection (d), each type of Utensil (e.g., fork, spoon, knife, etc.) offered by the Food Facility shall also be listed individually, unbundled on the menu and provided by the Food Facility for delivery along with the Prepared Food only if requested by the consumer.

8.64.030 – Standards and Required Use of Disposable Food Service Ware.

(a) No Food Facility shall use Polystyrene-based Disposable Food Service Ware when providing Prepared Food.
(b) Food Facilities shall only provide Disposable straws, stirrers, utensils, and cocktail/toothpicks (and the packaging that these individual items are wrapped in, if any) that are Compostable.
(c) Nothing in this Chapter shall conflict or be construed to conflict with the Americans with Disabilities Act or any other applicable law concerning the rights of individuals with disabilities. In particular, nothing in this Chapter shall restrict, or be construed to restrict, the provision by Food Facilities of Disposable Non-Compostable straws to individuals who may request the use of Disposable Non-Compostable straws to accommodate medical needs or disabilities. Healthcare Facilities may distribute Disposable Non-Compostable straws with or without request by a patient at the discretion of the Healthcare Facility staff based on the physical or medical needs of the patient.
(d) Wherever practicable, Food Facilities shall provide Reusable Foodware in place of Disposable Foodware.
(e) Food Facilities shall use Compostable items for the below Disposable Food Service Ware when providing Prepared Food:

1. Plates

2. Bowls (of all sizes including, but not limited to soup and salad bowls)

3. Cups (of all sizes including, but not limited to beverage and accessory cups for Standard Condiments)

4. Food trays and food boats

5. Boxes

6. Hinged or lidded containers (e.g., clamshells), deli containers, and other containers used for the sale and/or distribution of Prepared Food
(f) Commencing on the effective date of this Chapter up until December 31, 2022, for the Compostable Disposable Food Service Ware listed in Subsection (d), Food Facilities shall use items that meet Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Restrictions.

To verify the PFAS Restrictions, Food Facilities shall use items that are certified/approved by independent third parties approved by the County Manager or designee, in collaboration with local waste processors and haulers, as needed.
(g) For all other Disposable Food Service Ware not listed in Subsections (b) and (d), Food Facilities shall use only Disposable Food Service Ware that can be composted by the Food Scrap Composting method utilized by the Food Facility and/or accepted for recycling by the Food Facility’s recycling collection service, unless a feasible alternative does not exist. (h) The San Mateo County Office of Sustainability shall maintain a list of approved Disposable Food Service Ware and/or references to resources that maintain regularly updated lists of products that meet the requirements detailed in Subsections (a), (b), (d), and (e) of this Section. This information shall be made public by the Office of Sustainability. If a product is not included on the approved lists, the Food Facility wishing to use a product as Disposable Food Service Ware shall establish to the City Manager or designee’s satisfaction that the product complies with the requirements detailed in Subsections (a), (b), (d), and (e).

8.64.040 – Recordkeeping and Inspection.
(a) Food Facilities shall keep complete and accurate record or documents of the purchase of the acceptable Disposable Food Service Ware evidencing compliance with this Chapter for a minimum period of three years from the date of purchase.

(b) The record shall be made available for inspection at no cost to the City/County during regular business hours by City/County employee or City/County-designated staff authorized to enforce this Chapter. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be made available at the Food Facility address.
(c) The provision of false or incomplete information, records, or documents to the City/County shall be a violation of this Chapter.

8.64.050 – Automatic Exemptions.
(a) Prepackaged Food is exempt from the provisions of this Chapter. (b) Polystyrene coolers and ice chests intended for reuse are exempt from the provisions of this Chapter.
(c) Disposable Food Service Ware that is entirely Aluminum Foil-based or recyclable glass is exempt from the provisions of this Chapter.
(d) If the County determines that a reasonably feasible Disposable Food Service Ware that complies with Section 8.64.040 (a), (b), (d), and (e) of this Chapter does not exist, these items will be exempt from the abovementioned provisions of this Chapter until the County determines that a reasonably feasible alternative is available on the market for purchase.

The County will have a current list of these exempted Disposable Food Service Ware made public by the Office of Sustainability.
(e) Temporary exemptions due to an emergency are automatic without the submission of a request for an exemption. An emergency is defined as a sudden, unexpected occurrence posing a clear and imminent danger that requires immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Examples of an emergency include, but are not limited to natural disasters, emergencies due to the release of hazardous materials, emergencies associated with loss of power and/or water, or emergency medical response.

8.64.060 – Case-by-Case Consideration of Requests for Hardship Exemption. (a)Grounds for an exemption.

An exemption from any of the provisions of this Chapter may be granted by the City Manager or designee upon demonstration by a Food Facility to the satisfaction of the City that strict application of the requirements would cause undue hardship. An “undue hardship” includes, but is not limited to the following:

1. A situation unique to the Food Facility where a suitable alternative that conforms with the requirements detailed in Section 8.64.040 (a), (b), (d), and (e) does not exist for a specific application.

2. Imposing the provisions of this Chapter would cause significant economic hardship. “Significant economic hardship” may be based on, but not limited to, demonstrating that suitable Disposable Food Service Ware is not available at a commercially reasonable price and the additional cost associated with providing the Disposable Food Service Ware is particularly burdensome to the Food Facility based on the type of operation(s) affected, the overall size of the business/operation, the number, type and location of its facilities, the impact on the overall financial resources of the Food Facility, and other factors. Reasonable added cost for a suitable item as compared to a similar item that the Food Facility can no longer use shall not by itself constitute adequate grounds to support an exemption for such item. In determining whether a significant economic hardship has been established, the City Manager or designee shall

consider the following information: ability of the Food Facility to recover the additional expense by increasing its prices; the availability of tax credits and deductions; outside funding; and other options. The City shall explore the possibility of providing financial support to impacted food facilities to the extent it is deemed financially feasible and legally authorized.
(b)Request for an exemption. A request for an exemption from the requirements of this Chapter shall include all information deemed necessary by the City to render a decision, including but not limited to documentation showing the factual support for the requested exemption. A request for an exemption may be approved by the City Manager or designee, in whole or in part, with or without conditions. The duration of the exemption, if granted, shall also be determined by the City Manager or designee. Information about the application process for requesting an exemption will be made available to the public by the Office of Sustainability.

8.64.070 Authorization of enforcement by San Mateo County personnel. (a) The City Manager or designee may enforce this Chapter. (b) The County of San Mateo, its officers, employees and agents are hereby authorized to enforce this chapter on behalf of the city, within the jurisdiction areas of this city (c)Violation of this Chapter is a public nuisance subject to all applicable civil, administrative, and criminal remedies and penalties according to the provisions and procedures contained in this ordinance code and state law including, but not limited to, an action for abatement or injunctive relief.
(d)Notwithstanding authorization of enforcement by County of San Mateo personnel in this Chapter, the violation of, or noncompliance with, any of the requirements of this Chapter or applicable provisions of this code, shall be subject to any administrative, civil, or criminal enforcement remedies available under the law and/or the City’s municipal code.

In addition, the City may enforce the violation of this Chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized by law.
(e)This Section shall not be interpreted to limit any otherwise available civil or administrative remedies under law.

SECTION 3. California Environmental Quality Act (CEQA) Finding.

This Ordinance is exempt from the environmental review requirements of CEQA pursuant to Section 15061 (b)(3) of Title 14 of the California Code of Regulations because it can be seen with certainty that there is no possibility that the provisions contained herein may have a significant effect on the environment. Further, the Ordinance is also exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308 of Title 14 of the California Code of Regulations as actions taken by regulatory agencies to assure the maintenance, restoration, enhancement of natural resources, or protection of the environment.

SECTION 4. Severability.

If any provision, section, subsection, sentence, clause, phrase, or word of this Chapter 8.64, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Chapter. The City Council hereby declares that it would have passed this Chapter, and each provision, section, subsection, sentence, clause, phrase, and word not declared

invalid or unconstitutional without regard to whether any portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.

SECTION 5. Publication and Effective Date. Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting.

This Ordinance shall be effective thirty (30) days after adoption. However, the mandatory provisions of this Ordinance shall only become operative and subject to enforcement on October 1, 2022.

Introduced this 14 th day of March , 2022
Passed and adopted as an Ordinance of the City of Daly City at a regular meeting of the City Council of the City of Daly City held on the day of , 2022, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

Absent, Councilmembers:

CITY CLERK OF THE CITY OF DALY CITY
APPROVED:

MAYOR OF THE CITY OF DALY CITY

ORDINANCE NUMBER 1455
AN ORDINANCE OF THE CITY OF DALY CITY ADDING CHAPTER 15.80 TO TITLE 15 RE “ELECTRICAL VEHICLE CHARGING STATIONS” TO PROVIDE

EXPEDITED AND STREAMLINED PERMITTING PROCESS CONSISTENT WITH STATE LAW; AFFIRMING THE PLANNING DEPARTMENT’S DETERMINATION UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the State of California and the City of Daly City has consistently promoted and encouraged the use of fuel-efficient electric vehicles; and WHEREAS, the City of Daly City wishes to advance the use of electric vehicles by all its citizens, businesses, and industries; and
WHEREAS, State of California adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and
WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels.

WHEREAS, on March 14, 2022 the City Council conducted a public hearing on the proposed Ordinance Amendment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DALY CITY DOES ORDAIN AS FOLLOWS:

SECTION 1.Chapter 15.80 is hereby added to the Daly City Municipal Code to read as follows:

Sections:

15.80.010 Purpose

15.80.020 Definitions

15.80.030 Applicability

15.80.040 Electric vehicle charging station requirements

15.80.050 Application and documents

15.80.060 Permit Review Requirements

15.80.070 Fees

15.80.080 Approval Timelines

15.80.010: Purpose
The purpose of this chapter is to promote and encourage the use of electric vehicles by adopting an expedited, streamlined permitting process for electric vehicle charging stations while protecting the public health and safety which satisfy the requirements of Assembly Bill 1236.

15.80.020: Definitions

1.Electric Vehicle Charging Station OR Charging Station. Any level of electric vehicle supply equipment station that is designed and built-in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

2.Specific, Adverse Impact. A significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

3.Applicable Time Period. Five business days after submission of the application to the city, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site. Ten business days after submission of the application to the city, if the application is for more than 25 electric vehicle charging stations at a single site.

4.Electronic Submittal. The utilization of one or more of the following: Electronic mail or email, internet, and facsimile.

15.80.030 Applicability.

1. This chapter applies to the permitting of all electric vehicle charging stations in the city.

2. Electric vehicle charging stations legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alteration are undertaken that change the size, type, or components of the charging station in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

15.80.040 Electric vehicle charging station requirements.

1. All electric vehicle charging stations shall meet all applicable health and safety standards and requirements imposed by the state and the city.

2. Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as the Underwriters Laboratories and where applicable, rules of the Public Utilities Commission regarding safety and reliability.

15.80.050 Application and Documents.

1. All documents required for submission of an electric vehicle charging stations application shall be made available on the city’s website.

2. Electronic submittal of the required permit application and supporting drawings and documentation shall be made available to all electric vehicle charging station permit

applications. An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

3. The city’s building and safety division shall adopt a checklist of all requirements with which the electric vehicle charging station shall comply to be eligible for expedited review.

The electric vehicle permit process, standard(s) and checklist(s) may substantially conform to recommendations for permitting, including the checklist and standards contained in the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicle in California:

Community Readiness Guidebook” published by the Office of Planning and Research.

15.80.060 Permit Review Requirements.

1. The building official shall implement an administrative review process to expedite approval of electric vehicle charging stations. Where the application meets the requirements of the approved checklist and standards and there are no specific, adverse impacts upon public health or safety, the building and safety division shall complete the building permit approval process, which is nondiscretionary. Review of the application for electric vehicle charging stations shall be limited to the building official’s review of whether the application meets local, state, and federal health and safety requirements.

2. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

15.80.070 Fees.

The city council may establish by resolution the fees that shall be charged for permits issued under this chapter.

15.80.080 Review Timeline
An application to install an electric vehicle charging station submitted to the building official shall be deemed complete if, after the applicable time period as defined in the definitions section of this chapter has elapsed, both of the following are true:

1. The building official has not deemed the application complete, consistanet with Daly City’s EVCS checklist,

2. Written correction notice detailing all deficiencies in the application and identifying any additional information explicitly necessary for the building official to complete a review limited to whether the electric vehicle charging station meets all health and safety requirements of local, state, and federal law.

SECTION 2. Environmental Determination. The City Council of Daly City finds and determines that the implementation of measures described in this Chapter is in furtherance police powers of the City of Daly City, and that these purposes are exempt from the provision of the California Environmental Quality Act (CEQA); Chapter 3 (commencing with Section 21100) of Division 13 of the Public Resources Code, as provided in categorical exemption Classes 1, 4, 5, 7,

8, 9, and or 21 of the CEQA Guidelines (Title 14, California Code of Regulations, Sections 15301- 15329).

SECTION 3. Severability: If any provision of the City of Daly City Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each Section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. Effective Date and Publication: Pursuant to the provisions of Government Code Section 36933, a summary of this ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary, and (2) post it in the City Clerk’s office a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the City Clerk shall (1) publish the summary and (2) post in the City Clerk’s office a certified copy of the full text of this ordinance along with the names of those City Council members voting for and against this ordinance or otherwise voting. This ordinance shall become effective thirty (30) days from and after its adoption.

Introduced this 14 th day of March , 2022
Passed and adopted as an Ordinance of the City of Daly City at a regular meeting of the City Council of the City of Daly City held on the day of , 2022, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

Absent, Councilmembers:

CITY CLERK OF THE CITY OF DALY CITY
APPROVED:

MAYOR OF THE CITY OF DALY CITY