CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 12, 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.
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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:
Tom Piccolotti, Interim City Manager
Rose L. Zimmerman, City Attorney
K. Annette Hipona, City Clerk
PRESENTATIONS:
Proclamation – Suicide Prevention Month
(Sheri Bowles, San Mateo County Suicide Committee)
Proclamation -National Preparedness Month
(Matt Peterson, Battalion Chief, North County Fire Authority)
APPROVAL OF MINUTES:
Regular Meeting of July 25, 2022 and Special Meeting of August 8, 2022
It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried to approve the minutes of July 25, 2022 and August 8, 2022.
APPROVAL OF AGENDA:
It was moved by Council DiGiovanni, seconded by Councilmember Manalo and carried to approve the agenda with the amendment to move item #27 directly after the Consent Agenda and to remove item #26 from the agenda.
CONSENT AGENDA:
It was moved by Councilmember Sylvester, seconded by Councilmember DiGiovanni and carried to approve the consent agenda except for items #7, 11, 14, and 18, which were removed for discussion.
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 12, 2022
2 Communications:
Accepting 2022 Qtr. 2 Investment Report
Resolutions:
Approving Employment Agreement of Interim City Manager
Resolution 22-138, Approving An Employment Agreement With Thomas Piccolotti To Serve As Interim City Manager
Authorizing the Interim City Manager to Execute an Agreement for Financing Two New Pierce Fire Engines
Resolution 22-139, Authorizing Execution Of An Agreement With Community Leasing Partners For The Financing Of Two New Pierce Fire Engines
Approving Consolidated Annual Performance Evaluation Report (CAPER) for the Fiscal Year (FY) 2021-22 One-Year Action Plan
Housing Coordinator Lenelle Suliguin provided the staff report for the CAPER and included a summary of the allocations and expenditures of the CDBG and CDBG-CV funds for fiscal year 2021-22.
It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried by voice vote to adopt the following resolution:
Resolution 22-140, Approving Submission To The Federal Department Of Housing And Urban Development (HUD) For Fiscal Year 2021-2022 Consolidated Annual Performance Evaluation Report For The Community Development Block Grant And Home Programs
Adopting Memorandum of Understanding and Salary Schedule between the City of Daly City and Police Officers Association
Resolution 22- 141, Adopting Composite Summary Memorandum Of Understanding With The Daly City Police Officers Association (July 1, 2022 Through June 30, 2024)
Adopting Memorandum of Understanding and Salary Schedule between the City of Daly City and Police Management
Resolution 22- 142, Adopting Composite Summary Memorandum Of Understanding With The Daly City Police Management Association (July 1, 2022 Through June 30, 2024)
Adopting Memorandum of Understanding and Salary Schedule between the City of Daly City and San Mateo County International Association of Firefighters Local 2400
Resolution 22-143, Adopting Composite Summary Memorandum Of Understanding With The San Mateo County International Association Of Firefighters Local 2400 (July 1, 2022 Through June 30, 2024)
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 12, 2022
3 Accepting and Appropriating a $5,000 Parks Pass Grant from the California State Library
Library Services Manager Chela Anderson provided the staff report for the $5,000 grant with the recommendation to appropriate the full amount for building StoryWalks.
It was moved by Councilmember Manalo , seconded by Councilmember DiGiovanni and carried by voice vote to adopt the following resolution:
Resolution 22-144, Accepting And Appropriating Grant From The California State Library’s Parks Pass Grant Program For Building StoryWalks
Approving Vehicle Maintenance and Fuel Supply Agreement Between the City of Daly City and the City of South San Francisco
Resolution 22-145, Authorizing Execution Of Agreement Between The City Of Daly City And The City Of South San Francisco For Vehicle Maintenance And Fuel Supply
Approving Proposed Police Department Staffing Change - Reclassification of Police Records Clerk II to Account Clerk II
Resolution 22-146, Approving Reclassification Of Police Records Clerk II To Account Clerk II In Range 31Z Of The Teamster Clerical Technical
Authorizing Interim City Manager to Execute a Professional Services Agreement with Park Engineering for Mission Street Streetscape Project
Senior Engineer Roland Yip provided the staff report with the recommendation to execute the agreement in an amount not to exceed $118,000.
It was moved by Councilmember Manalo , seconded by Councilmember DiGiovanni and carried by voice vote to adopt the following resolution:
Resolution 22-147, Authorizing Executi on Of Professional Services Agreement With Park Engineering To Provide Construction Inspection Services For The Mission Street Streetscape Project
Authorizing Interim City Manager to Execute a Professional Services Agreement with Placeworks, Inc. for the Preparation of the Commercial Mixed-Use Zone Development
Resolution 22-148, Authorizing Execution Of Professional Services Agreement With Placeworks, Inc. For The Preparation Of The Commercial Mixed-Use Zone Development
Approving Proposed Revisions of Various AFSCME Job Specifications; Reassignment of Senior Recreation Services Supervisor to Range X065 of AFSCME Salary Schedule and Reclassification of Librarian IIs to Librarian IIIs (Civil Service)
Resolution 22-149, Approving Proposed Revisions Of Various AFSCME Job Specifications; Reassignment Of Senior Recreation Services Supervisor To Range X065 Of AFSCME Salary Schedule And Reclassification Of Librarian II To Librarian III (Civil Service)
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 12, 2022
4 Authorizing Interim City Manager to Execute an Agreement Between the City of Daly City and the Daly City Peninsula Partnership Collaborative (DCP) to Extend the Term to Manage the Community Service Center through June 30, 2025
Resolution 22-150, Authorizing Execution Of A Three-Year Contract Extension Between The City Of Daly City And The Daly City Partnership To Manage And Operate The Community Service Center
Accepting and Appropriating Funding from the County of San Mateo for the Second Course Meal Program
Recreation Services Manager Denise Brown provided the staff report with the recommendation to accept and appropriate funding ($390,000) to subsidize the County- sponsored “Second Course” meal program from July 1, 2022 through June 30, 2023.
It was mov ed by Councilmember Manalo , seconded by Councilmember DiGiovanni and carried by voice vote to adopt the following resolution:
Resolution 22-151, Approving And Authorizing Amendment #1 To Agreement With The County Of San Mateo For The Second Course Meal Program
Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361
Resolution 22-152, 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
Check Registers
Check Registers for the Month of July 2022
END OF CONSENT AGENDA
RESOLUTIONS:
Resolution Establishing Eviction Protections Due to Nonpayment of Rent and No-Fault Evictions for Residential Tenants Where the Failure to Pay Rents Results from Income Loss Resulting From COVID-19
City Attorney Rose Zimmerman presented the staff report for the proposed resolution and discussed legislation that was signed by Governor Newsom (SB 91, AB 2179) and the Mayor’s direction to prepare a draft resolution extending eviction protections for residential tenants through December 31, 2022.
Shane Sag isi, Legal Aid Society of San Mateo County, urged the Council to consider passing stronger eviction protections for tenants and stated the proposed resolution would have minimal impacts.
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 12, 2022
5 The following speakers supported the resolution and cited the following reasons: to protect tenants from displacement and prevent homelessness; unemployment; loss of income or fixed income due to the pandemic; the high price of housing; to protect the Daly City community; stresses on families’ mental health; landlord intimidation, the lengthy time to receive rent reliefs; and the resolution’s temporary but crucial timeframe. Speakers urged the Council to approve the resolution and thanked them for their time.
Lorena Melgarejo, Faith In Action (FIA) Nicole Banks, FIA Bernadette McDonalds, FIA Ethel Rodriguez, FIA
Rosendo (for Carolina Gaborette) Wendy Cruz, FIA
Melissa Mejia Natalie Guerrero
Elena Melendez John Jimenez
Bob Banks, FIA Christopher
Ramon Quintero, Anti-Displacement Coalition
The following speakers opposed the draft resolution and cited the following reasons: the mortgages and various expenses that landlords face ; unfair burden for landlords who are also struggling during the pandemic; disincentivizes property owners to create more housing units; the resolution’s lack of legal authority and the need for more research into this legislation; and errors in the resolution. Suggestions included having tax breaks, utility and license fee discounts, and more outreach for rental property owners.
Some landlords supported assisting tenants with the application process to receive rental relief.
Vhangee Mesa Rhovy Lyn Antonio, CA Apartment Association Jennifer L. Fernando Pena, San Mateo Association of Realtors Xin Ma Paul Beaudreau
Meina Young
The Council discussed the feedback they received from the public, thanked everyone who spoke, and provided questions to staff. Ms. Zimmerman addressed questions and concerns regarding which individuals the resolution applies to; whether the resolution had any legality; the narrative and intent of the draft resolution; clarifications on legislation AB 2179; whether the resolution was too broad in scope, and whether the resolution violates any laws. The Council provided direction on additional research and data they required to make a decision.
It was moved by Councilmember DiGiovanni, seconded by Mayor Daus-Magbual to adopt the resolution. The motion failed via the following roll call vote:
Ayes: DiGiovanni, Daus-Magbual
Noes: Buenaventura, Manalo, Sylvester
It was moved by Councilmember Manalo and seconded by Vice Mayor Buenaventura to table the existing item for further research and study. Councilmember Sylvester requested to amend the motion to include an opportunity to create an ordinance instead of a resolution . Councilmember Sylvester’s amendment was not accepted into the motion. Councilmember Manalo’s motion carried via the following roll call vote:
Ayes: Buenaventura, DiGiovanni, Manalo, Daus-Magbual
Noes: Sylvester
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 12, 2022
6 PUBLIC HEARINGS:
Westlake Shopping Center Mixed -Use Building (99 Southgate Avenue) – Zone Change ZC-04- 21- 014994 and Design Review DR-04-21-014995
Councilmember DiGiovanni recused herself from the item due to its location and left the meeting at 9:20 PM. Planning Manager Michael Van Lonkhuysen presented the staff report and Kimco Westlake’s request to construct a 214-unit mixed-use building at the site previously used by Burlington Coat Factory.
Mike Strauss, Kimco Representative, addressed questions and discussed concerns including – whether construction will be done in phases; whether affordable units will be dispersed o r concentrated; whether affordable housing can be increased from 10% to 20%; whether Daly City residents are given preference for units; whether prevailing wage will be utilized; and whether they have reached out to labor groups and have plans to use labor unions in the County.
It was moved by Councilmember Sylvester, seconded by Mayor Daus-Magbual and carried to open the public hearing.
Call In User, the Public, referred to the abundance of housing in the Westlake area and Daly City.
The Public voiced concern with the existing traffic congestion on John Daly Blvd., the potentially low vacancy rates, and the proposed building blocking views of current tenants who live in Westlake Village.
Rebecca Husted, D aly City/Colma Chamber of Commerc e President, referred to the community forums that were conducted by the Chamber of Commerce to assist Kimco Bay Relations to receive feedback on the matter.
It was moved by Councilmember Sylvester, seconded by Councilmember Manalo and carried to close the public hearing.
Mr. Strauss addressed questions on the community meeting s that were conducted , on pedestrian safety improvements, and the type of retail being considered for the project . Ms. Zimmerman clarified between the first reading and second reading of the ordinance and Ms. Mothershead clarified what is being voted on tonight. Mr. Strauss gave a presentation of Kimco’s proposal and long-term goals. Mr. Strauss was open to work in good faith efforts to use prevailing wage, labor unions and a PLA for the project.
It was moved by Councilmember Sylvester, seconded by Mayor Daus-Magbual and carried by voice vote for the City Attorney to read the ordinance by title only.
Mayor Daus-Magbual introduced the following ordinance:
Ordinance 1459, Amending The Daly City Zoning Map By Amending Ordinance No. 1316 Re:
Planned Development Standards For PD60B
It was moved by Councilmember Sylvester, seconded by Councilmember Manalo and carried to adopt the resolution by roll call vote:
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 12, 2022
7 Resolution 22-153, Adopting A Mitigated Negative Declaration, Adopting Mitigation Monitoring And Reporting Program , Adopting Findings Of Fact For Zone Change Z C-04-21-014994 And Design Review DR-04-21-014995 For Westlake Shopping Center Mixed-Use Building (99 Southgate Avenue)
Councilmember DiGiovanni rejoined the meeting at 10:36 PM.
COMMUNICATIONS:
Sacred Heart Cathedral Preparatory: Marchbank Park Proposal - Phil Freed, Director of Athletics
Interim City Manager Tom Piccolotti introduced Dr. Melinda Skrade, President, Sacred Heart Cathedral. Dr. Skrade presented Sacred Heart’s proposal for the use of Marchbank Park by the school after they make extensive upgrades, enhancements and investments to the playing field. Sacred Heart also proposes an annual rental fee of the field of $100,000 for 15 years. Phil Freed, Sacred Heart A thletic Director, discussed the long-term goals with the proposed project and referred to a prior similar project - the James P. Lang Field. Dr. Skrade highlighted the benefits of having a public/private partnership and summarized the terms of agreement.
Dr. Skrade, Mr. Freed and Verde Design addressed questions on community access to the park and programs, on the cost estimate for the project ($1.8 million), on the proposed hours of use, how the hours of use will affect the community’s use, and the possibility of including a dog run.
It was moved by Councilmember Manalo, seconded by Councilmember Sylvester and carried by voice vote to agendize the item at a future meeting.
Approval of Written Response to 2021/2022 San Mateo County Civil Grand Jury Report, “A Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know”
City Attorney Rose Zimmerman presented the Grand Jury’s findings and recommendations for the City of Daly City and summarized the City’ proposed draft written response. According to Ms. Zimmerman, the City must provide a response to the Grand Jury no later than November 9, 2022.
It was moved by Councilmember DiGiovanni , seconded by Councilmember Manalo and carried by voice vote to approve the written response.
Considering Partnership with the University of the Philippines Alumni Association of San Francisco (UPAASF) "Fiesta in Daly City" Event at Gellert Park
Assistant City Manager Stephen Stolte presented the UPAASF’s proposal for partnership on the “Fiesta in Daly City” event on September 25 at Gellert Park. Mr. Stolte recommended that the City Council provide direction to staff on event partnership and fee waivers.
Liza Gino (UPAASF President), Edcelyn (Board member), and Chato Calderon (Vice President) provided background on their organization’s projects and provided information on the fiesta event at Gellert Park to celebrate the community and Filipino Cuisine.
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 12, 2022
8 It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried by unanimous roll call vote to adopt the following resolution:
Resolution 22-154, Partnering With The University Of The Philippines Alumni Association Of San Francisco “Fiesta In Daly City” Event At Gellert Park And Authorizing Waiver Of Fees And Other Requirement For Rental Of The Gellert Park Picnic Shelter
AWARD OF BIDS/CONTRACTS:
Award of Construction Contract for the Mission Street Streetscape Project
Senior Civil Engineer Roland Yip provided recommendations to accept all bids for the project and award a construction contract to Sposeto Engineering, Inc. in the amount of $1,400,529.05. Director of Public Works Richard Chiu addressed questions and ensured that the department has implemented in its practice to do outreach targeting smaller, disadvantaged, minority-owned businesses in their advertisement process. Mr. Chiu also clarified that the City, as a public agency, is required to pay prevailing wages.
It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried by unanimous roll call vote to adopt the following resolution:
Resolution 22- 155, Authorizing Execution Of Construction Contract For The Mission Street Streetscape Project
PUBLIC APPEARANCES/ORAL COMMUNICATIONS:
Lindsay Raike, CEO of Warm Water Wellness, encouraged Council to support the re-opening of the Mickelson Therapy Pool by way of a City resolution. Ms. Raike and her team collaborated with other cities and Supervisor David Canepa to seek support from the Attorney General to re-open the pool.
Call-In User 4, the Public, voiced concern about the time allotted for public commenter(s) at a previous meeting and the lack of communication or response from the City. The Public was in support of Sacred Heart School.
Call-In User6, Norm, voiced concern for not having enough funding for mental wellness and facilities, as they have major impacts on veterans and the community. Norm also requested having de- escalation training for law enforcement officers.
REPORTS:
City Council Committees: July 25 – September 12, 2022
Development Council Subcommittee (Daus-Magbual/Manalo)
Peninsula Clean Energy
(Diversity, Equity, Accessibility, and Inclusion Subcommittee) (Daus-Magbual) Cal Cities (League of Cities) (Manalo)
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 12, 2022
9 City Council
Councilmember Manalo was honored to be elected as President of the Cal Cities API Caucus and thanked Mayor Daus-Magbual for attending the swearing in ceremony. Councilmember Manalo voiced support for having a resolution for re-opening of the Mickelson Therapy Pool.
Mayor Daus-Magbual congratulated Councilmember Manalo for being elected President of the Cal Cities API Caucus and acknowledged her for representing Daly City in this capacity.
ADJOURNMENT:
Mayor Daus-Magbual adjourned the meeting on Tuesday, September 13, 2022 at 12:25 AM in memory of Gary Fox, Nancy McCarthy, Natividad P. Yuchingtat, and Jennifer Lealao.
Approved as submitted, this 26th
City Clerk
day of September , 2022.
Mayor