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Daly City City Council
September 26, 2022

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Minutes
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September 26, 2022
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Daly City City Council
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CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 26, 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.

*** Councilmember Buenaventura made amendments to the minutes at the regular meeting of 10/10/ 22.

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:

Tom Piccolotti, Interim City Manager
Rose L. Zimmerman, City Attorney
K. Annette Hipona, City Clerk

PRESENTATIONS:

Proclaiming Week of October 9-15, 2022 as National Fire Prevention Week (Sean Kavanaugh, Deputy Fire Chief, North County Fire Authority)

APPROVAL OF MINUTES:

Regular Meeting of September 12, 2022

It was moved by Councilmember DiGiovanni, seconded by Mayor Daus-Magbual and carried to approve the minutes of September 12, 2022.

APPROVAL OF AGENDA:

***Vice Mayor Buenaventura referred to an allegation of assault made by Councilmember Manalo against fellow Councilmember Pamela Digiovanni . Vice Mayor Buenaventura requested for the continuance of items on the agenda , voicing concern that the current situation may call into question decisions that are made by the involved Councilmembers.

Councilmember Manalo made an allegation of assault against Councilmember DiGiovanni, referring to an incident that occur red at City Hall and in which Councilmember Manalo was later hospitalized. Councilmember Manalo requested the continuance of item #3 on the agenda.

Councilmember DiGiovanni denied the allegation of assault and incident and claimed that the allegation was politically motivated. Councilmember DiGiovanni referred to being bullied during the past months by supporters of her colleagues.

CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 26, 2022
2 Mayor Daus-Magbual requested for the continuance of item #3 to the next regular City Council meeting of October 10, 2022.

Councilmember Sylvester concurred with the request to continue item #3, requested to pull item #5 for further discussion, and approve the rest of the consent agenda.

CONSENT AGENDA:

It was moved by Councilmember DiGiovanni, seconded by Mayor Daus-Magbual and carried to approve the consent agenda except item #3, which was continued to October 10, 2022, and item #5, which was removed for discussion.

Resolutions:

Adopt Resolution in Support of the Caution Against Racially and Exploitative Non -Emergencies (CAREN) Act

The item was continued to the regular meeting of October 10, 2022.

Adopt Resolution in Support of Mickelson Therapy Pool

Resolution 22-156, Supporting the Reopening of the Mack E. Mickelson Therapy Pool

Commend Jose Corea on the Occasion of his Retirement

The Council commended Mr. Corea on the occasion of his retirement and thanked him for his years of service. Mr. Corea thanked the Council and staff for the recognition.

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

Resolution 22-157, Commending Jose Corea on the Occasion of His Retirement

Set Time and Place for a Public Hearing on the Appeal of Administrative Use Permit AUP- 5-22- 15728 (Wireless Facility Use Permit Modification (AT&T)) at 1000 Crocker Avenue

Resolution 22- 158, Setting Time And Place Of Public Hearing Regarding Appeal Of Administrative Use Permit AUP-5-22-15728 (Wireless Facility) At 1000 Crocker Avenue

Accept Final Subdivision Improvements for the Habitat Geneva Development Located at 3001 Geneva Avenue

Resolution 22- 159, Accepting Subdivision Improvements For Major Subdivision ( SUB-1-19- 13832) For The Habitat Geneva Development – 3001 Geneva Avenue

Adopt Memorandum of Understanding and Salary Schedule between the City of Daly City and Teamsters Local 856 Safety Inspectors Unit

CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 26, 2022
3 Resolution 22- 160, Adopting Composite Summary Memorandum Of Understanding With Teamsters Local 856 Safety Inspectors Unit (August 1, 2022 To July 31, 2025)

Adopt Memorandum of Understanding and Salary Schedule between the City of Daly City and Teamsters Local 856 Police Assistants Unit and Approval of Proposed Revision of the Police Assistant II Job Specification

Resolution 22- 161, Adopting Composite Summary Memorandum Of Understanding With Teamsters Local 856 Police Assistants Unit (September 1, 2022 through August 31, 2022)

Resolution 22-162, Adopting Revised Job Specifications Of Police Assistant II And Reassignment Of The Community Services Officer From Range D027 To Range D030 Of The Teamsters Police Assistants Salary Schedule

Adopt Memorandum of Understanding and Salary Schedule between the City of Daly City and Teamsters Local 856 Clerical/Technical Unit, Approval of Proposed Revision of the Permit Assistant Job Specification and Assignment of Permit Assistant II to Range 37Z of the Teamsters Clerical Technical Salary Schedule

Resolution 22- 163, Adopting Composite Summary Memorandum Of Understanding With Teamsters Local 856 Clerical Technical Unit (September 1, 2022 Through August 31, 2025)

Resolution 22-164, Adopting Revised Job Specifications And Assignment Of Permit Assistant I I To Range 37Z Of The Teamsters Clerical Technical Salary Schedule

Adopt Memorandum of Understanding and Salary Schedule between the City of Daly City and International Union of Operating Engineer s Stationary Engineers Local 39 Operating Engineers Unit

Resolution 22-165, Adopting Composite Summary Memorandum Of Understanding With The International Union Of Operating Engineers, Stationary Engineers, Local 39 Operating Engineers Unit (Effective September 1, 2022 Through August 31, 2025)

Adopt Memorandum of Understanding and Salary Schedule between the City of Daly City and International Union of Operating Engineers Stationary Engineers Local 39 Plant Maintenance Unit

Resolution 22-166, Adopting Composite Summary Memorandum Of Understanding With The Plant Maintenance Association Unit (September 1, 2022 to sunset August 31, 2025)

Adopt Memorandum of Understanding and Salary Schedule between the City of Daly City and Economic Community Development Professional Staff Association (ECDPSA)

Resolution 22-167, Adopting Composite Summary Memorandum Of Understanding With The Economic And Community Development Professional Staff Association (October 1, 2022 through September 30, 2025)

END OF CONSENT AGENDA

CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 26, 2022
4 COMMUNICATIONS:

Response to the San Mateo County Civil Grand Jury Report "The Other Water Worry: Is Your Water Provider Prepared for the Big One?

It was moved by Vice Mayor Buenaventura, seconded by Mayor Daus -Magbual and carried to continue the item to the regular meeting of October 10, 2022.

Developer Selection and Authorization to Prepare an Agreement to Negotiate Exclusively for 1837 Junipero Serra Blvd. Daly City, California

It was moved by Mayor Daus -Magbual, seconded by Vice Mayor Buenaventura and carried to continue the item to the regular meeting of October 10, 2022.

ORDINANCES:

Second Reading, Ordinance No. 1459, Amending the Zoning Map Re: Planned Development Standards - PD-60 B – Westlake

Councilmember Manalo left the meeting at 7:38 PM. Councilmember DiGiovanni recused herself from voting on the item due to a conflict of interest.

Tom Nuris was in in favor of the project. After seeing the site empty for so long, Mr. Nuris urged the Council to approve the project which will make dynamic use of the property to enhance the community.

Call-In User_2 reported seeing a public comment for item #3 which was not heard. The caller said the Westlake project was a mistake and will have negative impacts on traffic congestion and noise.

It was moved by Councilmember Sylvester, seconded by Mayor Daus-Magbual and carried by the following roll call vote to adopt Ordinance 1459:

Ayes: Buenaventura, Sylvester, Daus-Magbual
Noes: None
Recused: DiGiovanni

Absent: Manalo

Ordinance 1459, Amending The Daly City Zoning Map By Amending Ordinance No. 1316 Re:

Planned Development Standards For PD-60B (Westlake Shopping Center)

Councilmember DiGiovanni rejoined the meeting at 7:44 PM.

PUBLIC APPEARANCES/ORAL COMMUNICATIONS:

Call-In User, Brian Shields, Carpenters Local 217, spoke about the need for labor standards and a policy that will secure the working class of Daly City. Without such standards and policies in place, the construction force is systematically abused through wage theft, lack of workers comp, and safety violations.

Mr. Shields offered to answer questions that the Council may have.

CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 26, 2022
5 Call-In User_3, John Daly, stated the League of Women Voters should not have held a forum since two candidates were missing. John pushed for a m ental health resources budget , commended AHMC for purchasing Seton, requested a tow n hall to address the candidates and address racism , and listed qualifications needed to become a Councilmember.

Call-In User_1, Norm, requested response and feedback from management and Council to work together with the community on building a safer Daly City. Norm noted the lack of video for the A rts & Culture Commission meeting to showcase artists’ work. Norm requested working on de-escalation training for law enforcement with Councilmember Sylvester and requested the City to work with the community.

Simon Liang, L ocal 217 Member, noted the benefits of being a part of a union which included having stable work, good pay for employees and safety standards for employees.

Karen voiced concern over two parcels in Daly City – 50 Lynvale Ct. and 20 Skyline Dr . Karen requested the parcels be rezoned to Open Space so that in the event of their purchase, construction would be allowed on those parcels. Karen asked for the necessary steps for rezoning the parcels.

REPORTS:

Council Committee

Commute.org/CCAG (DiGiovanni)
Peninsula Clean Energy (PCE) (Daus-Magbual)

Mayor Daus-Magbual announced that he and Vice Mayor Buenaventura will be sitting on the Library and Recreation Ad Hoc Committee.

City Council

Councilmember DiGiovanni acknowledged the Latinx heritage celebration at Gellert Park and thanked the Recreation Department for their work. Councilmember DiGiovanni acknowledged the 1st annual UPAASF event and commended Lisa Gino, Odette, the alumni and the vendors for their work.

Councilmember DiGiovanni greeted all of those who celebrate the Jewish New Year, known as Rosh Hashanah. Councilmember DiGiovanni thanked Victoria Magbilang, Jefferson High students and Dragonfly for their Daly City mural.

Councilmember Sylvester attended a program at the CalCities meeting but will defer his report to the next meeting in which he will address Prop. 47 and report on establishing a task force to consider and review catalytic converter thefts and retail thefts.

Mayor Daus-Magbual acknowledged the Latino Heritage Month event at Gellert Park as a great in-person celebration. Mayor Daus-Magbual thanked Jefferson High’s GrizzArt art students, Victoria Magbilang, Bay Area Mural Program, and Dragonfly for the Daly City mural located at City Mitsubishi; the Mayor hopes to honor them in person. Mayor Daus-Magbual acknowledged the success of the UPAASF event and thanked all the organizers including Lisa Gino, Ben Menor, the artists and the vendors.

CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
SEPTEMBER 26, 2022
6 Staff:

Interim City Manager Tom Piccolotti thanked the Mayor for forming the Library and Recreation Ad Hoc Committee and reported on staff currently working on presentations for the committee.

ADJOURNMENT:

Mayor Daus-Magbual adjourned the meeting at 8:23 PM in memory of Dr. Tomas Mariano.

Approved as submitted, this 10th
City Clerk
day of October , 2022.

Mayor

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