CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
NOVEMBER 28, 2022
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Note on Public Comments: For this meeting, members of the Council and 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 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 7:06 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:
Daly City Public Library Associates (DCPLA) Grant to the Daly City Public Library (DCPLA Board President Trisha deVera and Executive Director Victoria Magbilang)
Update from the Pilipino Bayanihan Resource Center (PBRC) (PBRC Chairman of the Board Perla Ibarrientos)
Catalytic Converter and Retail Theft Enforcement and Prevention Efforts (Daly City Acting Chief of Police Cameron Christensen)
APPROVAL OF MINUTES:
Regular Meeting of November 14, 2022
It was moved by Councilmember DiGiovanni, seconded by Councilmember Sylvester and carried to approve the minutes of November 14, 2022.
APPROVAL OF AGENDA:
It was moved by Councilmember Sylvester, seconded by Councilmember DiGiovanni and carried to approve the agenda.
PUBLIC APPEARANCES/ORAL COMMUNICATIONS:
Grace David stated having voted for each of the current Councilmembers and requested the Council to make an equitable decision by giving Councilmember DiGiovanni the chance to serve as the next Mayor.
Grace expressed support for placing cameras in public spaces to prevent crime and theft and requested that cannabis retail stores are located beyond one block of schools.
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
NOVEMBER 28, 2022
2 Dante Abadam and Rudy Bautista expressed support for Councilmember DiGiovanni and requested the Council to give her the opportunity to become the next mayor of Daly City to share her vision and ideas.
Call-In User 1, John Daly, requested the resignations of City staff, Councilmembers, and County Supervisor. John suggested applying for CCW’s and denounced the lack of an invitation for the community to a Veteran’s Day event. John asked the Council to leave their seats.
Call-In User 2 translated for Marianne Martinez and stated citizens should have body cams and CCW’s as there is a lack of trust in the community, referring to the shooting of Roger Allen. Caller asked for the Police Department to hold public meetings and denounced the construction of more housing in the City, racist comments, and false police reports.
CONSENT AGENDA:
It was moved by Councilmember Sylvester, seconded by Councilmember DiGiovanni and carried to approve the consent agenda, with the exception of item #5, which was removed for discussion.
Resolutions:
Amend Traffic Regulations to: (1) Remove 800 -ft. Commercial Vehicle Parking Zone on the East Side of Bayshore Boulevard North of Geneva Avenue; (2) Prohibit Eastbound U-turns at San Pedro Road/Washington Street ; (3) Install Yield Sign on the South Approach of Hanover Street/Wellington Avenue ; (4) Install 35-ft No Parking (Red) Zone North of the Exit Driveway at 995 E. Market Street and (5) Install 20-ft No Parking (Red) Parking Zone South of the Exit Driveway at 995 E. Market St.
Director of Public Works Richard Chiu provided the staff report and addressed questions regarding who the Traffic Safety Committee consists of and the type of safety requests they oversee.
It was moved by Councilmember Sylvester, seconded by Councilmember DiGiovanni and carried by voice vote to adopt the following resolution:
Resolution 22-217, Establishing Traffic Regulations
Accept and Appropriate a $9,700 Grant from the Daly City Public Library Associates
Resolution 22- 218, Accepting And Appropriating Grant From The Daly City Public Library Associates
Resolution Adopting Salary Schedule and Benefits for Miscellaneous/Unrepresented Employees
Resolutions 22-219, Adopting Salary Schedule/Benefits For Miscellaneous/Unrepresented Employees Effective September 1, 2022
Resolution Adopting Salary Schedule and Benefits for Executive Management Employees
Resolution 22- 220, Adopting Salary Schedule/ Benefits For Executive Management Employees Effective October 2022
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
NOVEMBER 28, 2022
3 Appropriate Funds and Authorize the Interim City Manager to Execute a Professional Services Agreement with BKF Engineers for the City of Daly City Storm Drain Master Plan
Resolution 22- 221, Authorizing Execution Of Professional Services Agreement With BKF Engineers For The City Of Daly City Storm Drain Master Plan
Approval of an Amended and Restated Joint Exercise of Powers Agreement for the Daly City Joint Powers Financing Authority
Resolution 22-222, Authorizing The Execution Of An Amended And Restated Joint Exercise Of Powers Agreement For The Daly City Joint Powers Financing Authority
Resolution Amending Resolution No. 19-198 Related to the City's Intent to Reimburse Expenditures From the Proceeds of Clean Water State Resolving Fund Financings From the State Water Resources Board
Resolution 22-223, Amending Resolution No. 19-198 Related To The City’s Intent To Reimburse Expenditures From The Proceeds Of Clean Water State Resolving Fund Financings From The State Water Resources Board
Setting Time and Place of Public Hearing – Amendment to the City-Wide Fee Schedule (12/13/2022)
Resolution 22-224, Setting Time And Place Of Hearing Re: Proposed Amendment To The City- Wide Fee Schedule (Hearing Date: December 13, 2022, Time: 7:00 P.M.)
END OF CONSENT AGENDA
COMMUNICATIONS:
Request for Reconsideration of Special Assessment Lien at 499 Santa Barbara Avenue
City Attorney Rose Zimmerman requested tabling the item due to recent developments in the case.
It was moved by Councilmember Sylvester, seconded by Councilmember DiGiovanni and carried by voice vote to table the item.
Request for Reconsideration of Zone Change ZC -09-21-015237 — Amendment to PD 47 Planned Development Standards and Approval of Parking Management Plan for King Plaza Shopping Center (950 – 980 King Drive)
Planning Manager Michael Van Lonkhuysen presented DBP and Classic Bowl’s request for reconsideration of the approval by City Council to amend the text of Planned Development Zone 47 and the resolution to approve a parking management plan for the King Plaza Center. Staff addressed questions regarding the proper procedures for reconsideration of an item, and regarding City staff ’s and Walker Consultants’ roles in developing the plan.
Janet Fogarty, Attorney for King Plaza Center, asked the Council not to reconsider the item and referred to the previous meeting where Council held a public hearing, heard public comment from all sides,
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
NOVEMBER 28, 2022
4 and took action on the item. Janet stated the Walker Consulting report and the owner’s parking management plan were reviewed by Planning staff, and the Ho fa mily (King Plaza ’s owners) agreed with staff’s amendments to the plan, which was then presented to Council. Janet reported more than half the spaces in the lot will have unlimited time parking to demonstrate how the King Plaza owners are being good neighbors to Classic Bowl.
Mark Hudak , Attorney for DBP , requested reconsideration of the approval of the parking management plan claiming that the Council were led to believe the proposed plan was developed in coordination with and in consultation with parking consultants Walker C onsulting when that was not the case. Mark questioned who was responsible for the plan and voiced concern with shopping employees taking up all the untimed spaces. Mark supported timed spaces for the parking plan to work and requested a neutral parking consultant be hired by DBP and King Plaza to look at the parking plan.
Matt DeVincenzi, Classic Bowl Manager, expressed concern with the proposed employee lot and the lack of space to maneuver, due to trucks unloading. Matt was also concerned with towing creating more congestion within the lot if timed parking is enforced. Matt and Mark addressed questions regarding Walker Consultants’ role in the parking plan, on the redlined parking plan by DBP, and concerns on enforcement.
Tammy Ho, Owner of King Plaza Center, claimed 95% ownership of the site’s land and wanted to ensure the tenants have enough parking spaces for their businesses and customers. Tammy thanked the Council for approving the proposed parking management plan at the previous Council meeting and urged them not to reconsider this matter.
The following speakers were opposed to DBP/Classic Bowl’s request for reconsideration and urged the Council to stand by their decision from the previous meeting. Individuals stated there were no new factors being presented by DBP to justify a reconsideration. Speakers supported Tammy’s parking management plan, commended it as fair for all the businesses in King Plaza, and stressed its critical role in creating turnover on the lot. Individuals referred to all the time and effort already spent at the November 14 th public hearing and asked the Council to uphold their vote.
Dorie Paniza, PBRC James Barret, Manila Market
Onyi Hui Hua Zhen Huang
Justin Cheong Sunny Kong
Gaber Shalaby Brian Chen
Steven Suen Tony Spitaleni
Stephen Wong, King Plaza tenant Joji Mercado, King Plaza tenant Omar Guzman Connie Chan
Rich Bonomi Ken Wong
Merlin Edwards Peter Quach, Manila Market
Ernest Tse Grace David
Ted Saideh, King Plaza tenant Nancy F.
Kris Fernandes Frank Gao
Peter W. Jimmy L.
Cathy Wang Zijun Huang
Paula Dee Ms. M.
Renee C. Wilson
Call-In User 4, John Daly, asked that the owners of King Plaza and Classic Bowl are given more time to speak. John stated that the Council have not addressed the parking issues at King Plaza over the
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
NOVEMBER 28, 2022
5 years and have not responded to the community and stated Classic Bowl moving out would be a loss.
The Council deliberated the information they received and clarified information with Janet Fogarty and Mark Hudak. There was no motion to reconsider the item.
RESOLUTIONS:
Approve Lake Merced Quick -Build Design Within Daly City and Authorize Construction of the Project Within Daly City
Senior Civil Engineer Shirley Chan provided the staff report and staff recommendations and addressed questions on the time frame for the construction and whether it covers the gun range.
Call-In User 7, John Daly, voiced opposition to the project due to heavy traffic and accidents in the subject area and asked to reject the item.
It was moved by Councilmember DiGiovanni, seconded by Councilmember Sylvester, and carried by unanimous roll call vote to adopt the following resolution:
Resolution 22- 225, Approving Lake Merced Quick- Build Design Within Daly City And Authorizing Construction Of The Project Within Daly City
ORDINANCES
Second Reading, Ordinance No. 1461, Repealing and Replacing Chapters in Title 15 of the Municipal Code and Adopting Local Amendments To The Uniform Building And Fire Codes
It was moved by Councilmember Sylvester, seconded by Councilmember DiGiovanni and carried by unanimous roll call vote to adopt the following ordinance:
Ordinance 146 1, Repealing And Replacing Chapters 15.00, 15.08, 15.10, 15.14, 15.16, 15.20,
15.22, 15.24, 15.32, 15.60, & 15.65 Addition Of Chapter 15.12, Amendments To Chapter 15.64 Of Title 15 Of The Daly City Municipal Code
Second Reading, Ordinance No. 1462, Amending the Daly City Zoning Map by Amending Ordinance No. 1316 Re: Planned Development Standards for PD-47
It was moved by Council member Manalo, 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 1462, Amending The Daly City Zoning Map By Amending Ordinance No. 1255 Re: Planned Development Standards For PD-47 (King Plaza Shopping Center)
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
NOVEMBER 28, 2022
6 Second Reading, Ordinance No. 1463, Amending Chapter 2.04 of the Daly City Municipal Code Re:
Salaries of City Councilmembers
Call-In User 6 voiced opposition to the item and questioned whether the Council deserved the salary increase. The caller referred to the community being neglected for many years and caller wished to recall the Council.
It was moved by Mayor Daus -Magbual, seconded by Council member Manalo and carried by unanimous roll call vote to adopt the following ordinance:
Ordinance 1463, Amending Chapter 2.04 Of The Daly City Municipal Code Re: Salaries Of City Councilmembers
REPORTS:
Staff - City of Daly City's City Vehicle Use Policy
Interim City Manager Tom Piccolotti provided the staff report on the City’s existing policy on personal use of City vehicles and requested to update and/or clarify the policy through the City Manager’s Office or through a Council subcommittee; the updated policy would subsequently be presented to the Council. Mr. Piccolotti addressed questions on what the existing policy allows, what constitutes personal purposes vs. City business, whether usage stats are logged, limitations on use, the number of City vehicles in the pool, check-out procedures, and enforcement of violations.
Mayor Daus-Magbual provided direction to create an ad hoc subcommittee to study the City’s City Vehicle Use Policy.
ADJOURNMENT:
Mayor Daus-Magbual adjourned the meeting at 11:31 PM in memory of Vernon Nabor and Victoria Baretto.
Approved as submitted, this 13th
City Clerk
day of December , 2022.
Mayor