CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
OCTOBER 24, 2022
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Note on Public Comments: For this meeting, members of the public had the option of attending in person or attending virtually 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 partici pating 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.
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:
Art & Lit Fest and Daly City Youth Poet Laureate
(Aileen Cassinetto, 2019-2022 San Mateo County Poet Laureate & Victoria Magbilang, DCPLA Executive Director)
San Mateo County Shared Micromobility Feasibility Study and Implementation Plan (Kim Weaver, Transportation Program Specialist, C/CAG)
Proclamation - Domestic Violence Awareness Month
(Anastasia Flores Jr., President, ALLICE Kumares and Kumpares)
Proclamation - National Breast Cancer Awareness Month
APPROVAL OF AGENDA:
It was moved by Councilmember DiGiovanni, seconded by Councilmember Sylvester and carried to approve the agenda.
PUBLIC APPEARANCES/ORAL COMMUNICATIONS:
Wayne Lee, San Mateo API Caucus President, thanked the City for hosting their inter-annual internship program. Wayne read a letter on behalf of their Board of Directors which expressed concern with the incident at City Hall involving Councilmember Manalo and Councilmember DiGiovanni. Wayne requested certain actions be taken: a thorough investigation by law enforcement; keeping the community informed of the matter; actions to be taken if there is a finding of fault; and City measures be implemented to prevent this from happening again.
Azja Ragasa referred to an altercation with Councilmember DiGiovanni while Azja was a Library Board Commissioner. Azja claimed being repeatedly threatened by Councilmember DiGiovanni during Azja’s time as commissioner and consequently asked for Councilmember DiGiovanni’s resignation from the Council.
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
OCTOBER 24, 2022
2 Anthony Yoshida expressed concerns with the community’s trust in the City due to no action being taken since the last meeting. Anthony requested Councilmember DiGiovanni step down from Council, referring to a loss of trust from constituents, and requested the Council take action to right these wrongs.
Brendan Sinclair voiced concern with aggressions by Councilmember DiGiovanni towards Councilmember Manalo, referring to the recent allegation of assault. Brendan questioned the implication of Councilmember DiGiovanni’s actions, her focus, and the example she is setting for the youth, and questioned how Councilmember DiGiovanni’s decisions shape the community.
Mabel Tai expressed concern with the opening of a cannabis shop near Skyline Plaza and its promotion of drug use to teenagers whose brains are still developing. Mabel reported on addiction to nicotine, on fake IDs being created and used to purchase cannabis, and on people smoking and vaping at Fernando Rivera and Westmoor Schools.
Dorie Paniza expressed concerned with parking problems at King Plaza Shopping Center, particularly around the Manila Oriental supermarket. Dorie requested Council’s assistance in this matter and asked for fairness with regards to parking.
Cheryll Catuar thanked Council for the City proclamation on domestic violence awareness, referred to being a survivor, and thanked the police. Cheryll reported of being subjected to harassment and intimidation after sending a letter to the City with regards to racist remarks by Councilmember DiGiovanni. Cheryll stated Councilmember DiGiovanni asked police to have Cheryll removed from the premises on two occasions. Cheryll requested Councilmember DiGiovanni respond to the allegations made against her by the community at a town hall.
Lorenzo Listana, Tenderloin Filipino Association, voiced concern with the alleged assault against Councilmember Manalo and attested to Councilmember Manalo’s work to help Filipino Veterans and low-income families. Lorenzo denounced any violence, proclaiming the alleged assault was racist and asked for Councilmember DiGiovanni’s accountability and resignation.
Elmira Lagundi, Samahang Pinoy Canon, attested to Councilmember Manalo’s work to help seniors in the community. Elmira requested further investigation into the alleged assault against Councilmember Manalo, denouncing the act as unacceptable.
Alyssa Tolentino denounced the alleged assault against Councilmember Manalo and referred to Councilmember DiGiovanni’s lack of professionalism. Alyssa denounced people in power using violence as a weapon in politics or promoting hatred and racism and called for Councilmember DiGiovanni’s resignation.
Quinn commended Councilmember DiGiovanni and Councilmember Sylvester for coming to the Franciscan Mobile Park and helping to distribute food, and expressed appreciation for the rest of the Council. Quinn denounced unsubstantiated allegations against Councilmember DiGiovanni, asked people to have compassion for her, stating a person is innocent until proven guilty.
Rudy Valentino, United Players, denounced any type of violence and stated that everyone is innocent until proven guilty. Rudy voiced support for Councilmember Manalo’s word and attested to her work with gun buybacks and efforts in stopping anti-Asian hate. Rudy supported an investigation into the matter and asked for accountability if the allegations are found to be true.
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
OCTOBER 24, 2022
3 Call-In User, the Truth, requested October 10, 2022 meeting minutes, and being an artist, reported coming up with an idea to showcase art in the City. The Truth accused Councilmember Manalo of perjury and filing a false police report, stating Councilmember DiGiovanni is free due to a lack of evidence. The Truth voiced concern with Vice Mayor Buenaventura controlling the matter to secure re-election, accused Mayor Daus-Magbual of racism, and asked the community to wake up and get educated.
Call-in User, translating for Marianne Martinez, voiced concern with the allegations made by Councilmember Buenaventura for Councilmember Manalo, questioned why Councilmember Manalo did not initially contact police, and referred to Councilmember DiGiovanni not being in police custody. Caller denounced convicting someone without proof, denounced the racism within the Council, and asked for Vice Mayor Buenaventura and Councilmember Manalo’s resignations due to a lack of trust.
David Mesa, National Filipino American Lawyers Assoc., acknowledged the accomplishments of FilAm lawyers and community members and Councilmember Manalo as the first FilAm woman voted into Daly City Council. David expressed support for Councilmember Manalo and expressed optimism that the investigation will justify appropriate disciplinary action for Council DiGiovanni.
Jamie Balandra, resident, requested further investigation of the allegations made against Councilmember DiGiovanni and asked for public announcements on how the Council plans to address this issue.
CONSENT AGENDA:
It was moved by Councilmember Sylvester, seconded by Councilmember DiGiovanni and carried to approve the consent agenda except item number 7, which was removed for discussion.
Resolutions:
Adopt Resolution for the State Lands Commission Lease - Vista Grande
Resolution 22-178, Approving And Authorizing Execution Of Lease Agreement With The State Lands Commission Regarding The Vista Grande Drainage Basin Improvement Project (Lease No. 1364)
Set Time and Place for a Public Hearing on Community Development and Housing Needs, and Authorizing the Solicitation of Request for Proposals of CDBG Funds (Set Hearing: 12/12/22)
Resolution 22-179, Setting Time And Place Of Public Hearing Re: Assessment Of Community Development And Housing Needs
Commend Angela Padilla on the Occasion of Her Retirement
Mayor Daus-Magbual read a resolution honoring Ms. Padilla on her professional accomplishments during her 38 years of service for the City of Daly City. The Council commended and thanked Ms. Padilla for her dedication, work ethic, and professionalism and wished her all the best in her retirement.
It was moved by Councilmember DiGiovanni, seconded by Councilmember Sylvester and carried by voice vote to adopt the following resolution:
Resolution 22-180, Commending Angela “Angie” Padilla on the Occasion of Her Retirement
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
OCTOBER 24, 2022
4 Adopt Memorandum of Understanding and Salary Schedule between the City of Daly City and Fire Management
Resolution 22- 181, Adopting Composite Summary Memorandum Of Understanding With The Daly City Fire Management Bargaining Unit (October 1, 2022 Through September 30, 2025)
Authorize the Purchase of Submersible Well Pump
Resolution 22-182, Authorizing Purchase Of Submersible Well Pump For The Sullivan Well
Check Registers:
Check Registers for the Month of September 2022
PUBLIC HEARINGS:
Introduction of Ordinance Adding Chapter 9.58 - Re: Unlawful Possession of Used Catalytic Converter
Acting Chief of Police Cameron Christensen provided the staff report and addressed questions on whether there are identifying parts for catalytic converters and the language on the proposed ordinance.
Councilmember Sylvester requested having a mechanism for the owner’s applied number to be engraved onto the catalytic converters to thwart theft.
It was moved by Councilmember Sylvester, seconded by Councilmember DiGiovanni and carried to open the public hearing. There were no public comments on the matter.
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 DiGiovanni introduced the ordinance:
Ordinance 1460, Adding Chapter 9.58 To The Daly City Municipal Code Regarding Unlawful Possession Of Used Catalytic Converter
COMMUNICATIONS:
Developer Selection and Authorization to Prepare an Exclusive Negotiating Agreement for 1837 Junipero Serra Blvd. Daly City, California
Director of Economic and Community Development Tatum Mothershead provided the staff report and a summary of the two development teams being considered for the agreement – JM McLennan Development and L.F. George Properties Corporation.
The d evelopment team representatives , Mr. McLe nnan and Mr. Green, addressed questions including - whether labor group(s) will be utilized in construction and operations; any community benefits from the project; whether there are plans for local hire; and the impetus for their proposed projects.
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
OCTOBER 24, 2022
5 Ken Hira, Consultant, Kosmont, addressed questions on the following: market forecast(s) for the hotel industry as society recovers from the pandemic, the capacity and vacancy rate(s) of existing hotels , and the costs for different types of construction.
The following speakers expressed support for selecting JM McLennan Development for the project.
People from the building trades were in support of owner Bob McLennan due to his engagement with the local labor groups and for signing an agreement for all -union construction of the project. Speakers listed the benefits of the project being proposed by JM McLennan including the addition of a hotel, tax revenue for the City, a conference center/event center, and a fitness facility. Individuals cited the importance of working for unions including - well-paying jobs, health benefits, safety measures and opportunities for upward social mobility. Employees, former colleagues, and community members provided testaments for Mr. McLennan on his engagement with the community, his work to h elp beautify the community , his promotion of health and fitness, his charitable donations, and his efforts to have a diverse staff.
John Medina, Sprinkler Fitters 483 Charity Garcia, resident Stella Roberts, Planet Fitness Father Ed Dura, St. Augustine Church Nick King, Glaziers Local 718 Nestor Fernandez, Telegraph Hill Neighborhood Ctr.
Greg Hardeman, IUEC Local 8 Anthony Nuanus, Int’l. Union of Painters & Allied Trades Scott Beale, UA Local 467 Jeunesse Raymundo, St. Vincent De Paul, St. Augustine Victoria Magbilang, resident Tom Trayer, SMART Local Union 104 Moises Villeda, Carpenters Local 217 Matt Russo, Elevator Constructors Local 8 Leonard Burgo, Union 217 Bryan Shields, Carpenters Local 217 Weng Tam, Carpenters Local 217 Juan Espinoza, NorCal Carpenters Isabel Pardo, UBC Nell DeLander, Union Carpenter of San Mateo Thomas Nuris Anthony Viscuso, Heat and Frost Insulators Local 16 Bart Pantoja, San Mateo Building & Construction Trade Council
Call-in User, John Daly, voiced support for unions but expressed concern for the surrounding apartments and residents near the project. John referred to the low vacancies at other hotels and recommended looking into creating a mental health clinic or sports auditorium instead.
The Council made its deliberations and s taff addressed questions. Developer representatives addressed questions on parking spaces for their respective projects.
It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried by the following roll call vote to select JM McLennan Development, via a resolution.
Ayes: Buenaventura, DiGiovanni, Manalo, Daus-Magbual
Noes: Sylvester
Resolution 22- 183, Approving Selection Of Developer And Preparation Of An Exclusive Negotiating Agreement For 1837 Junipero Serra Boulevard
Parking Variance for Day Care Center at 92 Hill Street – Variance VARC-5-22-15962
Assistant Planner Brian Paland provided the applicant’s proposal for a parking variance to allow operation of a daycare center to serve up to 80 children and employ 8 staff members.
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
OCTOBER 24, 2022
6 It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried by roll call vote to adopt the following resolution:
Resolution 22-184, Affirming Categorical Exemption (CEQA), Adopting Findings Of Fact And Imposing Conditions Of Approval On Variance (VARC-5-22-15962) For Parking Variance For Day Care Center At 92 Hill Street
Parking Variance for Restaurant Use at 6540 Mission Street – Variance VARC-5-22-15680
Mr. Paland provided the applicant’s proposal for a parking variance to allow an increase in the number of patrons (12 to 39) for indoor dining at the existing restaurant. Mr. Paland addressed questions on the building code and the occupancy rating.
Frederico Candido, King’s West Coast Pizzeria owner, requested approval of the variance, supported bringing more local businesses into the community, shared information about the family-owned Brazilian restaurant, and invited the community to try their unique dishes.
Suheil Shatara, architect, requested the number of patrons be maximized to 49 seats due to ample parking across the site.
Adilene Sanchez, King’s West Coast Pizzeria, supported approval of the item in order for the business to serve more customers in the community. Adilene reported plenty of parking around the area and supported allowing small businesses to thrive.
Sennai voiced support for the owners of King’s West Coast Pizzeria and for having in-person dining.
It was moved by Vice Mayor Buenaventura, seconded by Councilmember Manalo and carried by unanimous roll call vote to adopt the following resolution
Resolution 22-185, Affirming Categorical Exemption (CEQA), Adopting Findings Of Fact And Imposing Conditions Of Approval On Variance (VARC-5-22-15680) For Parking Variance For Restaurant Use At 6540 Mission Street
Appeal of Administrative Use Permit AUP-5-22-15728 AT&T Wireless Facility Use Permit Renewal and Modification, 1000 Crocker Avenue, Daly City (APN 004-450-130)
Mr. Paland provided the staff report and recommended denying the appeal request and uphold ing the Planning Division approval of the administrative use permit subject to modified conditions. Mr. Paland addressed questions on the location of the antenna pole and the radiofrequency emissions.
It was moved by Councilmember Sylvester , seconded by Mayor Daus -Magbual and carried, via the following roll call vote, to adopt the resolution.
Ayes: Buenaventura, Manalo, Sylvester, Daus-Magbual
Noes: DiGiovanni
Resolution 22-186, Adopting Appeal Of Administrative Use Permit (AUP -5-22-15728) Renewal And Modification Of AT&T Wireless Facility (1000 Crocker Avenue – APN 004-450-130))
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
OCTOBER 24, 2022
7 Report of Planning Commission Action Related to Zone Change ZC-09-21-015237 – Amendment to King Plaza Planned Development Zoning (PD 47)
Planning Manager Michael Van Lonkhuysen requested Council to consider further action on the matter and provided them with three options.
The following speakers urged the City to create a parking solution at King Plaza Center. Patrons voiced concern with the difficulty in locating a parking space. Individuals recommended a time limit on spaces to increase parking turnover since some vehicles park for 4 -8 hours at a time . Business owners expressed concern over the negative economic impacts as many patrons who cannot locate a parking end up leaving the plaza. While some urged the Council to make a decision at tonight’s meeting using the data provided by Planning, others supported holding a public hearing.
Gaber Shalaby, patron Tiffany Huang, patron Sunny Kwong, patron Tony Spitaleni, patron Vicky Wu, patron John B., patron Paul Lee, patron Edwin Ho, business owner David Leung, patron Joji Mercado, business owner James Barrett, business owner Simon Wu, patron Steven Suen, patron Beth Santiago, patron Manny Cabrera, patron Raymond Chung, patron Nancy F. , patron Jay, patron
Paula Deen, patron Enrique Yuan, patron Peter W. , patron IM, patron Chloe W. , patron Anthony , patron
Cathy Wang, patron Edwin Ho, patron
Janet Fogarty, Attorney for King Plaza Center, discussed the parking problems at the site and expressed concern that the conditions of approval for parking and zoning, originally approved in 1998, have not been met. Janet urged the Council to schedule the item for the next available meeting to resolve the problem.
Tammy Ho, King Plaza Center Owner, discussed how the center serves a large part of the community and relayed complaints from tenants that customers who are unable to find parking end up leaving the plaza.
Tammy urged Council to avoid any delay in coming up with a parking plan to address the issue.
John Fitzgerald, PVP Investments Attorney, reported on being in litigation with King Plaza Center with the case going to trial on November 21. John stated the easement is related to the parking issues since it allows Classic Bowling to access the parking and referred to employees taking parking spots from patrons. John requested to await the results of the trial after experts have weighed in on a parking plan for the plaza.
Matt DeVincenzi, Classic Bowling Center Manager, discussed the business’s operation in the city for 40 years, referring to it as a community center for many residents who patronize frequently. Matt requested hiring an independent parking consultant to understand the needs of all the businesses in the plaza and stated that time-limited parking would likely put Classic Bowl out of business.
James Barrett, representing Manila Oriental Market, reported on working with DBP on an agreement which will be submitted to the Planning Division prior to the next meeting. James asked the Council to review their submittal.
Mark Hudak, Attorney for DBP, voiced concern with the proposed parking management plan, questioning who prepared it and the data used to create it, and pointing out that 50% of the spaces would be off limits to bowlers. Instead, Mark proposed hiring an independent parking consultant to prepare the data and come up with an unbiased parking plan.
CITY OF DALY CITY
MINUTES – REGULAR MEETING - CITY COUNCIL
OCTOBER 24, 2022
8 The Council deliberated on the data and options given by staff, as well as the comments made by the community, and opted to hold a public hearing on the item on the first regular meeting of next month, specifically on November 14, 2022.
It was moved by Councilmember Sylvester and seconded by Councilmember DiGiovanni to set a public hearing date of November 14, 2022 to hear the item . The motion carried by unanimous roll call vote via the adoption of the following resolution:
Resolution 22-187, Setting Time And Place Of Public Hearing For Zone Change ZC-09-21-015237 Amendment To King Plaza Planned Development Zoning (PD 47)
REPORTS:
City Council
Councilmember DiGiovanni wished all a Happy Diwali, which is an Indian tradition.
Councilmember Manalo reported attendance at Housing Leadership Day (San Mateo County) to discuss housing issues and to look at ways to finance deeper affordability and low-income housing.
Mayor Daus-Magbual requested staff to look into the issue of misuse of City vehicles after receiving complaints from members of the public regarding a member of the Council. The Mayor wanted to discuss the matter for accountability and to set a precedent for the terms of City vehicle use.
Vice Mayor Buenaventura proposed having a City policy for the use of City vehicles so that it can be followed. The Vice Mayor also requested a status update on the recruitment of a City Manager.
Staff:
Interim City Manager Tom Piccolotti confirmed receipt of a public records request expressing concern regarding City vehicle use and reported updating the Council on his responsibilities in the matter.
Staff looked at the City policy and will attempt to enforce the policy concerning to any future City vehicle misuse.
City Attorney Rose Zimmerman provided an update on the recruitment process for the position of City Manager, reporting the process has been stalled due to timing, but will proceed beginning in January of next year. Until the Council begins the recruitment process again, Interim City Manager Tom Piccolotti will maintain his role.
ADJOURNMENT:
Mayor Daus-Magbual adjourned the meeting on Tuesday, October 25, 2022 at 12:42 AM in memory of DeRong Zhang.
Approved as submitted, this 14th
City Clerk
day of November , 2022.
Mayor