CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
MAY 23, 2022
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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:
Proclaiming May 2022 as Older Americans Month
(Perla Ibarrientos and Phyllis Rizzi, Age Friendly Task Force)
Proclaiming May 2022 as Jewish American Heritage Month
(Al and Myra Herpe; David Zetzer, Recreation Services Supervisor; Rachel Goodman, Bike/Pedestrian Advisory Committee)
Fiscal Year 2023 Operating and Capital Improvement Budget Preview (Tim Nevin, Director of Finance and Administrative Services; Richard Chiu, Director of Public Works; Tom Piccolotti, Director of Water & Wastewater Services; Anthony Tofiga, Senior Management Analyst)
APPROVAL OF MINUTES:
Regular Meeting of May 9, 2022
It was moved by Councilmember Sylvester, seconded by Councilmember Manalo and carried to approve the minutes of May 9, 2022.
APPROVAL OF AGENDA:
It was moved by Councilmember Manalo, seconded by Councilmember Sylvester and carried to approve the agenda.
CONSENT AGENDA:
It was moved by Councilmember Sylvester, seconded by Councilmember DiGiovanni and carried to approve the consent agenda, except items #9, 11, 12 and 13, which were pulled for further discussion.
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
MAY 23, 2022
2 Resolutions:
Authorizing City Manager to Execute an Agreement with the South San Francisco Unified and Jefferson Elementary School Districts
Resolution 22-71, Authorizing Execution Of Use Agreements With South San Francisco Unified School District And Jefferson Elementary School District To Continue The Afterschool Youth Recreation Program (School Years 2022-23 and 2023-24)
Authorizing City Manager to Approve a Purchase Agreement for One (1) 2023 TYMCO Model 600 Street Sweeper
Resolution 22-72, Approving A Purchase Agreement With TYMCO, Inc. For One 2023 TYMCO Model 600 Street Sweeper
Resolution of Intent to Adopt Appropriation Limitation (Gann Limit)
Resolution 22-73, Adopt Appropriations Limitation For The Fiscal Year 22-23 on June 27, 2022
Approving Parcel Map SUB-04-19-014002 for the City Property Located at the Northeast Corner of Westlake Avenue and Junipero Serra Boulevard
Resolution 22- 74, Approving Parcel Map For SUB -04-19-14002 For Property Located At Northeast Corner Of Westlake And Junipero Serra Boulevard
Authorizing American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Fund (SLFRF) Allocation Agreements for Small Business Assistance
Economic Development Specialist Brandon Phipps reported on the $830,000 funding that was allocated for small business support through the ARPA and SLFRF funds. Mr. Phipps addressed questions on whether only local businesses qualify for the grants, what happens to any backfill funding, where businesses can apply for the assistance, and the administrative cost for the funding entity (San Mateo Credit Union) to distribute grants.
It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried by voice vote to adopt the following resolution:
Resolution 22-75, Authorizing American Rescue Plan Act State And Local Fiscal Recovery Fund Allocation Agreement For Small Business Assistance
Authorizing City Manager to Execute a Tree Maintenance Service Agreement with West Coast Arborist for Fiscal Year 2022-2023 in an Amount not to Exceed $175,000
Resolution 22-76, Authorizing Tree Maintenance Service Agreement With West Coast Arborist, Inc. For Fiscal Year 2022-2023
Adoption of a Resolution to Accept and Appropriate the California State Library Targeted State Funded Grant for $2,000,000 for the Serramonte Library and Bayshore Library Projects
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
MAY 23, 2022
3 The Council thanked and commended Mr. Chiu and Public Works staff for their efforts in obtaining the $2,000,000 grant for the City’s public libraries in Serramonte and Bayshore.
It was moved by Councilmember DiGiovanni, seconded by Councilmember Sylvester and carried by voice vote to adopt the following resolution:
Resolution 22- 77, Accepting And Appropriating The California State Library Targeted State Funded Grant For $2,000,000 For The Serramonte Library And Bayshore Library Projects
Adoption of a Resolution to Accept and Appropriate the California Department of Parks and Recreation Specified Grant for $4,000,000 for the Margate Park Improvements Project
The Council commended and thanked Assemblymember Phil Ting and his office for their support of Daly City and their role in allocating the $4,000,000 grant. Mr. Chiu and Public Works staff were recognized for their efforts in securing the grant for Margate Park in Daly City.
It was moved by Councilmember Manalo, seconded by Councilmember Buenaventura and carried by voice vote to adopt the following resolution:
Resolution 22- 78, Accepting And Appropriating The California Department Of Parks And Recreation Specified Grant For $4,000,000 For The Margate Park Improvements Project
Approving American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Fund (SLFRF) Allocation Agreement for Immigrant Relief
Mr. Phipps reported on the Council previously approving $820,000 in funding for immigrant relief which was allocated from ARPA and SLFRF funds. Staff selected Mission Asset Fund, an independent legal entity and non-profit public benefit corporation, to distribute cash assistance to low and/or moderate- income immigrant households in Daly City of no more than $400 each month for up to 24 months.
It was moved by Councilmember Manalo, seconded by Vice Mayor Buenaventura and carried by voice vote to adopt the following resolution:
Resolution 22-79, Authorizing American Rescue Plan Act State And Local Fiscal Recovery Fund Allocation Agreement For Immigrant Relief
Check Registers
Check Registers for the Month of April 2022
END OF CONSENT AGENDA
PUBLIC HEARINGS:
Approval of Benefit Assessments for Linda Vista Area for Fiscal Year 2022-23
City Engineer Kevin Fehr requested approval of the benefit assessments for the Linda Vista Detention Basin ($151.13) and Bay Ridge Detention Basin ($100.46) and addressed questions on whether unincorporated areas of Daly City are subject to the assessments.
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
MAY 23, 2022
4 Mayor Daus-Magbual opened the public hearing. There were no speakers on this matter.
It was moved by Councilmember Sylvester, seconded by Councilmember DiGiovanni and carried to close the public hearing.
It was moved by Councilmember Sylvester, seconded by Councilmember DiGiovanni and carried by unanimous roll call to adopt the following resolution:
Resolution 22-80, Approving Engineer’s Report And Imposing A Benefit Assessment For Fiscal Year 2022-2023
COMMUNICATIONS:
Use Permit UPR-05-22-015688 — Extension of Existing Use Permit Allowing Temporary New Auto Storage at 607 Carter Street
Planning Manager Michael Van Lonkhuysen presented a request by applicant Syufy to extend the use permit granted in 2017 for a duration of five years. The Council and Mr. Vierra of Syufy discussed concerns regarding the length of the extension, the challenges of the site, and whether a 5-year extension is a disincentive for development. Mr. Vierra requested a 3-year term with 1-year renewals after initial term.
The Council discussed concerns with the length of the extension, how the extension affects the site and the Bayshore neighborhood, the lack of progress of development on the site and the desired updates on development progress.
It was moved by Vice Mayor Buenaventura to approve a 2-year term and to revisit annually after the initial term, for a total of 5 years . The motion was seconded by Councilmember Sylvester and carried by unanimous roll call vote to adopt the following resolution, as amended.
Resolution 22-81, Adopting Findings Of Fact And Imposing Conditions Of Approval - Use Permit UPR-05-22-015688, Allowing The Continuation Of Temporary New Auto Storage At 607 Carter Street
Mixed-Use Building at 7310 Mission Street - Use Permit UPR -04-22-15650 and Design Review DR-04-22-15651 (Permit Renewal)
Assistant Planner Brian Paland presented a request to renew a permit that was granted in 2020 for the construction of a 17-unit, 4-story mixed-use apartment building; the construction timeline was impacted by COVID restrictions. Staff addressed questions on the proposed number of parking spaces for the project, whether there were enough parking spaces and the amount of mechanical parking that would be utilized.
Nick, a member of the public, supported new development in the City with consideration to parking requirements and recognized the City for encouraging rebuilding the parking lot at the JUHSD workforce housing site. Nick was concerned with the precise plan for a 1,000-unit housing development in Serramonte and its impacts on parking congestion, and urged for a scaling down of the project.
It was moved by Councilmember Manalo, seconded by Vice Mayor Buenaventura and carried by the following roll call vote to adopt the resolution:
Ayes: Buenaventura, DiGiovanni, Manalo, Daus-Magbual
Noes: Sylvester
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
MAY 23, 2022
5 Resolution 22-82, Adopting Findings Of Fact And Imposing Conditions Of Approval On Renewal Of Approved Expired Use Permit UPR-04-22-15650 And Design Review DR-04-22-15651 For A Mixed- Use Building At 7310 Mission Street
ORDINANCES:
Second Reading, Ordinance No. 1458, Adding Chapter 9.56 to the Daly City Municipal Code Re: Police Acquisition and Use of Military Equipment
Assistant City Attorney Kelly Schott provided clarification for the ordinance and confirmed that any acquisition and use of military equipment by the Police Department would have to come before Council and be approved. The ordinance would also establish a Military Equipment Use Policy for the department, which is required by State law.
Nick, a member of the public, referred to AB 481 and supported providing transparency on inventory of mi litary equipment required by local police departments. Nick urged passing a resolution banning future use and acquisition of any military equipment , supported demilitarizing the police in response to the uptick in hate crimes, and urged shifting resources towards mental health and education.
Call-in User1, the Public, questioned in what circumstance would military equipment be needed and whether it is a show of force over others. The Public referred to one fallen officer over the course of many years in the City, recognizing this as a testament to the community.
Glenn, a member of the public, questioned how militarizing the Police helps anything and what circumstance necessitates this action. Glenn opposed the ordinance, stating it criminalizes the most vulnerable communities, and requested justice for Roger Allen.
Discussion continued between the Council, Ms. Schott and Acting Police Chief Ca meron Christensen. Issues included - procuring the use of military equipment under exigent circumstance without Council approval, concerns raised with acquiring or using certain equipment (i.e. weaponized aircrafts) over the civilian population, whether the City can request assistance from the National Guard in a time of need, which equipment(s) is currently available to police officers, scenarios that may require assistance from mutual aid agencies and use of military equipment, and how adopting a policy would provide the City more control and oversight.
It was moved by Councilmember Sylvester, seconded by Councilmember DiGiovanni and carried by the following roll call vote to adopt the ordinance:
Ayes: Buenaventura, DiGiovanni, Manalo, Sylvester
Noes: None
Abstained: Daus-Magbual
Ordinance 1458, Adding Chapter 9.56 To The Daly City Municipal Code Regarding Police Acquisition And Use Of Military Equipment
PUBLIC APPEARANCES/ORAL COMMUNICATIONS:
Call-in User 1, a member of the public, referred to the budget and stated citizens are at the top. The caller referred to Governor Newsom signing police reform laws and questioned whether they, along with
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
MAY 23, 2022
6 body-worn cameras, have been implemented in the police force to build trust. The caller declared veterans, firefighters and EMT’s as community heroes.
Maybelle, a member of the public, commended the Council for their service and the topics covered at tonight’s agenda . Maybelle addressed the importance of youth workforce programs to eradicate generational poverty, social inequities and to prepare young people with skills, resources and networking wherewithal; she urged Council to allocate funding for these programs.
REPORTS:
Council Committee
Bay Area Water Supply & Conservation Agency (BAWSCA) (Manalo)
City Council
Councilmember DiGiovanni attended JUHSD’s tour of their staff and teacher housing and commended the district’s work on this project. Councilmember DiGiovanni joined the pancake breakfast at the Franciscan with the CERT team and City Firefighters. Councilmember DiGiovanni attended Pacific Islands Together’s (PIT) Shine Event at Jefferson High School to celebrate the cultures of the community and the Jefferson Elementary School District’s event to celebrate honor-students.
Mayor Daus-Magbual joined a tour of the JUHSD workforce housing and commended the school board members and staff. The Mayor attended the Franciscan’s pancake breakfast and PIT’s Shine celebration, commending both events. Mayor Daus-Magbual recognized Library Board of Trustee Lauren Daus for bringing her students to the Mayor’s Office at City Hall and thanked Leilani Ramos and Charlie Morrow. The Mayor took part in UCSF’s Pacific Islander event and shared his experiences as Mayor and talked about the underrepresentation of Asian Americans in leadership roles. The Mayor attended Skyline College’s CIPHER hip hop learning community graduation where he gave opening remarks. The Mayor thanked the City of San Carlos for hosting the Council of Cities and thanked his Councilmembers for representing the City in different capacities through their participation at various events and committees.
Councilmember Manalo attended the Cal Cities Leadership Summit in Sacramento which featured various workshops. Councilmember Manalo attended the Cal Cities Board meeting and shared input as an API Councilmember; the African Caucus, the Latino Caucus, the API Caucus and the LGBTQ Caucus were all in attendance to ensure all their voices were heard. Councilmember Manalo attended the Jefferson Elementary School District’s Student of the Year Event to honor students of the year who had an impact on their schools and communities.
ADJOURNMENT:
Mayor Daus-Magbual adjourned the meeting at 11:40 PM in memory of Jose "Pepe" E.
Reymundo, Constancia Topenio and Lay Vongphouthone.
Approved as submitted, this 13th
City Clerk
day of June , 2022.
Mayor