AVAILABILITY OF PUBLIC RECORDS:
All public record to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the City Clerk’s Office, City Hall located at 333 90 th Street, Daly City, CA during normal business hours, at the same time that the public records are distributed or made available to the legislative body.
CITY OF DALY CITY
Regular Meeting - CITY COUNCIL
AGENDA
Monday, February 12, 2024 - 7:00 PM
City Hall Council Chambers – 2nd Floor
City Hall 333 – 90th Street
Daly City, CA 94015
To watch the live telecast:
https://www.youtube.com/DalyCityVideoMeetings, https://www.dalycity.org/agendas, or Comcast Channel 27
Public Participation:
There are three ways to submit public comments: (1) submit written comments by meeting day, (2) submit written comments during the meeting, and (3) attend the meeting in person.
1. To submit written comments by meeting day, please email [email protected] and include “Public Comment” in the subject line. All written comments received by 4:00 pm on meeting day will be provided to the City Council prior to the meeting.
Please note: Any emailed comments received after 4:00 p.m. on the meeting date are not guaranteed to be received by the City Council prior to the meeting. Comments are not read aloud into the record.
2. During the meeting, you may visit www.dalycity.org/agendas to submit comments using the Public Comment form to address the City Council on a specific item, or during the public comment period, and such comments are delivered to the City Council and City Staff during the meeting, and may be read into the record at the time they are received.
3. To speak at the meeting in person, please complete a Speaker Card located at the entrance to the Council Chamber and submit it to a Staff Member as early in the meeting as possible.
Persons with disabilities who require auxiliary aids or services in attending or participating in this meeting should call the office of the City Clerk at (650) 991-8078 as soon as possible.
CALL TO ORDER:
PLEDGE TO THE FLAG:
ROLL CALL:
Agenda – City Council
Monday, February 12, 2024
PRESENTATIONS:
1. Age-Friendly Strategic Plan - Alfredo Vergara-Lobo, Principal, Vergara-Lobo Associates
2. Proclamation - Black History Month, Opal Fuller, Daly City Food Services Coordinator
3. DCPLA Grant to the Daly City Public Library, Clayton Koo, Director, Daly City Public Library Associates
APPROVAL OF MINUTES:
4. Regular Meeting of January 22, 2024
APPROVAL OF AGENDA:
PUBLIC APPEARANCES/ORAL COMMUNICATIONS:
NOTE: Speakers are limited to two minutes, unless modified by the Mayor. The Council cannot take action on any matter raised under this item.
CONSENT AGENDA
All items listed on the Consent Agenda are considered to be routine and may be approved by one roll call vote of the City Council. There shall be no separate discussion of the matters on the Consent Agenda unless requested by a member of the City Council. If discussion is required, that item will be removed from the Consent Agenda and will be considered separately at the end of the Agenda.
Resolutions:
5. Accept and Appropriate a $10,300 Grant from the Daly City Public Library Associates
6. Resolution Authorizing State of California Cannabis Equity Act Grant Funding
7. Accept and Appropriate Fiscal Year 2024 Mid-Year Operating Budget Adjustments
8. Accept and Appropriate Fiscal Year 2024 Mid-Year Capital Improvement Program Budget Adjustments
9. Reallocation of PLHA funds to Midway Village
END OF CONSENT AGENDA
COMMUNICATIONS:
10. Resolution to Declare Loneliness a Public Health Crisis
Agenda – City Council
Monday, February 12, 2024
STAFF: Leilani Ramos
RECOMMENDATION: Adopt Resolution by Roll Call Vote
11. City Council Vacancy and Discussion of Next Steps
STAFF: Rose Zimmerman
RECOMMENDATION: Information Only
Council Determination
ORDINANCES:
12. Second Reading, Ordinance No. 1470, Amending Title 6 of the Daly City Municipal Code Re:
Animal Control
STAFF: Rose Zimmerman
RECOMMENDATION: Adopt Ordinance by Roll Call Vote
APPOINTMENTS: Board/Commission Membership Committee Appointments
REPORTS:
13. Council Committee
14. City Council
15. Staff
ADJOURNMENT:
Proclamation
BLACK HISTORY MONTH 2024
WHEREAS, February is officially celebrated as Black History Month to honor the achievements of African Americans in general, as well as their ongoing role in the development of the United States, and their contributions to the City of Daly City in particular; and
WHEREAS, in 1926 historian and author Dr. Carter G. Woodson, who is known as the father of Black History Studies, introduced Negro History Week to resist racism and to highlight the role Blacks have played in the development of civilization; and WHEREAS, in 1992, the City of Daly City began honoring African Americans by observing Juneteenth, the oldest known celebration commemorating the ending of slavery in the United States, and over time, the Juneteenth commemoration grew into a celebration of Black History Month; and
WHEREAS, African Americans residing in Daly City have contributed to the betterment of our community through their skills, volunteerism, strength and vitality, civic pride, business ventures, artistic and music expressions, and art instruction, by way of visual arts, recorded and live music, and other cultural evolution breakthroughs; and
WHEREAS, this year, 2024, the national theme is “Black Americans & The Arts” which spotlights the insurmountable palette of strengths from which Black artists have used art to preserve history and community memory, and artistic and cultural movements such as the New Negro, Black Renaissance (1920s & 30s), Black Arts Movement (1960s), and Hip-Hop (birthed 1973 – Bronx, New York).
WHEREAS, in honoring Black History, life, and culture in America, Daly City will host its annual event with this year’s theme being, “Kustawi!" meaning “Thrive On!”, while featuring history and artifacts by the Domini Hoskins Black History Pop- Up Museum, Black artists, music presentations by The Kalimba King, Carl Winters, art display by Daly City art instructor Al Olson and other event treats including soulful southern appetizers, and community presentations. The community is invited to this free event, which will be held Saturday February 24, 2024, from 11:00am – 1:30pm, at Daly City’s City Hall.
NOW, THEREFORE, I, JUSLYN C. MANALO, Mayor, and members of the City Council of Daly City, do hereby proclaim February 2024 as BLACK HISTORY MONTH in Daly City and encourage all citizens to expand insight, celebrate, and support Black history and culture.
Signed and sealed by the Mayor and City Council of
the City of Daly City this 12th day of February 2024.
Juslyn C. Manalo, Mayor
Roderick Daus-Magbual, Vice Mayor
Pamela DiGiovanni, Councilmember
Glenn R. Sylvester, Councilmember
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
JANUARY 22, 2024
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Note on Public Comments:
To provide public comments, members of the public have the option to- 1) attend in person, 2) email the City Clerk, or 3) submit comments through the public comment portal on the City’s website. Persons with disabilities who require auxiliary aids or services in attending or participating in this meeting are instructed to call the office of the City Clerk at 991-8078 prior to the meeting.
Visit https://www.youtube.com/@DalyCityVideoMeetings/streams to view the City Council meetings
The regular meeting was called to order by Mayor Manalo at 7:08 P.M.
ROLL CALL: Councilmembers Present:
Juslyn C. Manalo, Mayor
Roderick Daus-Magbual, Vice Mayor
Raymond A. Buenaventura
Pamela DiGiovanni
Councilmember Absent:
Glenn R. Sylvester
Staff Present:
Thomas J. Piccolotti, City Manager
Rose L. Zimmerman, City Attorney
K. Annette Hipona, City Clerk
PRESENTATIONS:
Commendation - Pacific Islands Together (PIT) Christmas Giveaway (Reyna Meafua, PIT Founder)
Proclamation - National Gun Violence Survivors Week
APPROVAL OF MINUTES:
Regular Meeting of January 8, 2024
It was moved by Councilmember DiGiovanni, seconded by Vice Mayor Daus-Magbual and carried to approve the minutes of January 8, 2024.
APPROVAL OF AGENDA:
It was moved by Vice Mayor Daus-Magbual, seconded by Councilmember Buenaventura and carried to approve the agenda.
CONSENT AGENDA:
It was moved by Councilmember DiGiovanni, seconded by Council Buenaventura and carried to approve the consent agenda with the exception of item #8.
Communications:
Accept the Fiscal Year 2023 Annual Comprehensive Financial Report
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
JANUARY 22, 2024
2 Resolutions:
Authorize the City Manager to Execute an Addendum Agreement with the South San Francisco Unified School District
Resolution 24-14, Authorizing Execution Of An Addendum Agreement With South San Francisco Unified School District For The Afterschool Youth Recreation Program At Junipero Serra Elementary School
Approve Recommended Position Changes in the Library Department and the Department of Recreation Services
Resolution 24-15, Approving Position Changes In The Library Department And The Department Of Recreation Services (Administrative Assistant II To Administrative Assistant III)
Approve Salary Reassignments for Specific Executive Management Positions
Resolution 24-16, Approving Salary Reassignment For The Fire Chief, Deputy Fir e Chief And Chief Of Police Positions
Adopt Resolution Authorizing Execution of Amendment to the Employment Agreement of the City Manager
City Attorney Rose Zimmerman provided the staff report including the terms for the two -year extension of the City Manager’s contract, the b ase compensation, and proposed increases in salary. The Council provided deliberations on the item and staff was asked to address how the proposed salary increase compared to the rest of the County.
Brent Turner attested to City Manager Piccolotti’s reputation in the community as someone who helps people. Turner mentioned the competitive market for City Managers and believed that Piccolotti would be the best person in that capacity due to his knowledge of health, safety, infrastructure and his years of experience.
Sharon Keenan noted a big change in the City Council and the City Manager and noted the salary escalating far too fast and far too high. Keenan urged the Council to step back and think about the matter, and referred to the City Manager being paid more than the President of the United States.
Ray Keenan voiced concern with the lack of urgency in garbage not being picked up for three months after Keenan reported it to the City Manager and being told it would be taken care of the same day.
It was moved by Councilmember Buenaventura, seconded by Vice Mayor Daus-Magbual and carried by the following roll call vote to adopt the resolution:
Ayes: Daus-Magbual, Buenaventura, Manalo
Noes: DiGiovanni
Absent: Sylvester
Resolution 24-17, Authorizing Execution Of Amendment To The Employment Agreement Of City The Manager Thomas J. Piccolotti
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
JANUARY 22, 2024
3 Acceptance of Public Access Easement from Giusep pe Ruggiero, Trustee of the Ruggiero Family Revocable Trust, Subject to Exception No. 5, at 400 Castle Street
Resolution 24-18, Approving Acceptance Of The Public Access Easement At 400 Castle Street
Approve the Use of Federal Asset Forfeiture Funds to Purchase an Unmanned Ground Vehicle for the Police Department
Resolution 24-19, Authorizing Use Of Federal Asset Forfeiture ( DEA) Funds To Purchase An Unmanned Ground Vehicle For The Police Department
Authorize the City Manager to Approve a Purchase Agreement for a 2024 TYMCO Model 600 Street Sweeper
Resolution 24-20, Approving A Purchase Agreement With TYMCO, Inc . For A 2024 TYMCO Model 600 Street Sweeper
Check Registers
Check Registers for the Month of December 2023
END OF CONSENT AGENDA
COMMUNICATIONS:
Resolution Admonishing Councilmember DiGiovanni
City Attorney Zimmerman provided the staff report, presenting a summary timeline for the investigation of Councilmember DiGiovanni’s alleged acts of abuse, harassment and bullying. Zimmerman summarized the investigation report’s findings including 21 corroborated accounts of abuse, harassment and bullying by DiGiovanni against the City Manager and City staff , and the course of recommended actions if the resolution was passed. The City Council directed the City Attorney to prepare a Resolution of Admonishment of Councilmember DiGiovanni in lieu of censure proceedings.
Councilmember Buenaventura and Vice Mayor Daus-Magbual, members of the Ethics Committee, reported on the committee’s review of a memo from the City Manager that was sent to the Council regarding unprofessional conduct by Councilmember DiGiovanni towards staff, and the Ethics Committee’s subsequent recommendation for an independent investigation. Mayor Manalo denounced the mistreatment of City employees and noted the importance of having a safe place in the workplace.
Ruth McHale, resident, spoke in support of Councilmember DiGiovanni, noting the lack of fairness as the City Council was three against one. McHale questioned the allegations of misusing City vehicles and noted that infractions may be exaggerated. McHale spoke about the remarkable work Councilmember DiGiovanni has done for the Police and Fire Departments, and the teachers of Daly City over the years.
Brent Turner supported the independent report ’s findings and made a suggestion for Councilmember DiGiovanni to have counseling, or to resign. Turner stated the allegations of antisemitism against the Council by Councilmember DiGiovanni were inappropriate. Turner managed to stop another
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
JANUARY 22, 2024
4 activist from harassing staff and the Council during the Zoom meetings and encouraged that person to disassociate from DiGiovanni.
Fernando Montanes supported the independent report as a first step towards accountability for Councilmember DiGiovanni and expressed concern with the lack of remorse from DiGiovanni regarding the allegations against her. Montanes noted DiGiovanni ha d n ot taken the opportunity to address the misconducts and asked her to address the hypocri sy of using City vehicles for personal use with the taxpayers’ money.
Councilmember DiGiovanni referred to the report and allegations against her , stating it was politically motivated. DiGiovanni stated she was not given enough time to prepare a rebuttal, noting the report was redacted and statements were not taken under oath. DiGiovanni stated the Ethics Committee has a conflict of interest being made up by members of the Council. DiGiovanni stated she did not receive due process during the investigation and requested giving Councilmember Sylvester , who was not present at the meeting, an opportunity for input.
Zimmerman addressed questions regarding who was present when the Closed Session meeting of January reconvened, whether there was a quorum at that meeting, and whether the investigation report will have an unredacted version.
Mayor Manalo stated there were no antisemitic sentiments from the Council.
It was moved by Councilmember Buenaventura, seconded by Vice Mayor Daus -Magbual and carried by the following roll call vote to adopt the resolution with the amendment to refer this matter to the San Mateo County District Attorney’s Office and the California Fair Political Practices Commission.
Ayes: Buenaventura, Daus-Magbual, Manalo
Noes: DiGiovanni
Absent: Sylvester
Resolution 24-21, Admonishing Councilmember Pamela DiGiovanni
Finding of Public Convenience and Necessity PCN -2-23-16098 to Sell Alcoholic Beverages for Off - Site Consumption at Seafood City at 1420 Southgate Avenue
Assistant Planner Brian Paland provided the staff report for applicant Seafood City’s request for a PCN in order to obtain a liquor license for their grocery store at the subject site. Paland addressed questions on the square footage of the store, the percentage of alcohol being sold at the store, whether the previous grocery store at the site held a similar license, and the crime statistics on site.
It was moved by Mayor Manalo, seconded by Councilmember Buenaventura and carried by unanimous roll call vote to adopt the following resolution:
Resolution 24-22, Adopting Findings In Response To An Application For A Type 21 Liquor License – Seafood City – 1420 Southgate Avenue
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
JANUARY 22, 2024
5 PUBLIC HEARINGS:
General Plan Amendment GPA -04-21-14998, Planned Development PD -04-21-14997, Major Subdivision SUB -04-21-14999, Design Review DR -04-21-15000, and Development Agreement – Serramonte Del Rey Campus Redevelopment
Mayor Manalo spoke with President Salahuddin of the Jefferson Union High School District (JUHSD) earlier with a request to move this item to a date uncertain. More time was necessary to give JUHSD opportunity to meet with individuals in the community and with labor unions, acknowledging Bryan Shields of Carpenters Local 217. Mayor Manalo supported JUHSD’s request for continuance of this item.
Nancy Lacsamana, Community Garden Alliance, referred to a letter sent by Pacifica Social Justice, one of the groups supporting the community garden and opposing the current development, as it violated environmental concerns. Lacsamana noted t he project not meet ing timing requirements for inclusionary units, not distributing inclusionary units throughout the development, and being planned for predominantly market rate units.
Nick Occhipinti, former JUHSD Trustee, was opposed to the project noting that information is being withheld, that the Brown Act is being violated, and adopting an urgency ordinance would break Civil Rights laws. Occhipinti urged the Council not to serve corporate interests and to preserve the garden, which is supported by the native community and the almost 5,000 who signed a petition.
It was moved by Mayor Manalo, seconded by Vice Mayor Daus-Magbual and carried to continue this item by unanimous roll call vote.
Introduction of Ordinance Amending Title 6 of the Daly City Municipal Code re: Animal Control
Assistant to the City Manager Leilani Ramos provided the staff report including the updates to the Animal Control Ordinance provided by the San Mateo County Board of Supervisors. Staff addressed questions on whether there is an appeal process for an animal that is designated as vicious.
It was moved by Councilmember DiGiovanni, seconded by Vice Mayor Daus-Magbual and carried to open the public hearing. There were no speakers on this matter.
Mayor Manalo moved for the City Attorney to read the ordinance by title only.
Councilmember Buenaventura introduced the following ordinance:
Ordinance 1470, Amending Title 6 Of The Daly City Re: Animal Control
APPOINTMENTS:
It was moved by Vice Mayor Daus-Magbual, seconded by Mayor Manalo and carried by unanimous roll call vote to re-appoint Ray Satorre to the Planning Commission.
It was moved by Councilmember Buenaventura, seconded by Mayor Manalo and carried by unanimous roll call vote to appoint Fernando Montanes to the Recreation Commission.
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
JANUARY 22, 2024
6 REPORTS:
City Council
Mayor Manalo invited everyone to the first Lunar New Year event at City Hall on Saturday, February 10th from 10AM-12PM and acknowledged Daly City’s own Lion Dance Troupe who will perform at the event. Manalo reported on the delegation visit from Sister City Izumisano, Japan and thanked Marie and Serramonte for their collaboration in creating the well-known Senshu towel from Izumisano. Manalo welcomed everyone to the State of the City on Monday, March 18th at 6PM at Daly City Hall. Manalo thanked and acknowledged long-standing Personnel Commissioner Tita Perla Ibarrientos and PBRC staff Liza Rebortura, who were present at the meeting.
Staff
City Manager Piccolotti thanked the Council for their continued confidence in extending his employee contract and noted a section in the contract in which the City Manager has the option to defer the approved salary increases based on the City’s financial forecast.
ADJOURNMENT:
Mayor Manalo adjourned the meeting at 9:40 PM.
Approved as submitted, this 12th
City Clerk
day of February , 2024.
Juslyn C. Manalo
Mayor
City Council Meeting Agenda ReportItem # _____
Meeting Date: February 12, 2024
Subject:Accepting and Appropriating a $10,300 Grant from the Daly City Public Library Associates
Recommended Action
It is recommended the City Council accept a grant of $10,300 from the Daly City Public Library Associates and appropriate this amount for new furniture for the Serramonte Main Library and VOX Books for children.
Background/Discussion
The Daly City Public Library Associates (DCPLA) has received a $7,300 donation in honor of Gordon L. King to fund new public computer furniture at the Serramonte Main Library. This new furniture will add needed individual workspaces for visitors. It will match the existing furniture and is expected to last for many decades.
An additional $3,000 from the Nora Roberts Foundation is also being given for the purchase of VOC Books. VOX Books combine picture books, chapter books, and non-fiction titles with audio recordings in an all-in-one read-along designed to capture a child’s attention and make learning and literacy development fun.
Fiscal Impact
The $10,300 grant revenue from the Daly City Public Library Associates was not anticipated in the current Fiscal Year budget. These grant funds were received and will be expended in Fiscal Year 2024-25.
Summary/Conclusion
Staff is available to provide any additional information desired by the Mayor or City Council.
Respectfully submitted,
Chela Anderson
Library Director
City Council Agenda ReportItem # _____
Meeting Date: February 12, 2024
Subject: Resolution Authorizing State of California Cannabis Equity Act Grant Funding Recommendation
Approve the attached Resolution Authorizing State of California Cannabis Equity Act Grant Funding, authorizing the City Manager execute the grant agreement with the Governor’s Office of Business and Economic Development.
Background
In 2016, California voters enacted Proposition 64, intended to create a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of non-medical cannabis, and to tax the cultivation and retail sale of cannabis for non-medical use.
In November 2018, Daly City voters approved a business license tax on all cannabis businesses of up to ten percent of gross receipts in anticipation of the future allowance of cannabis sales.
In October 2019, the City Council adopted an ordinance (“Cannabis Ordinance”) which authorized commercial cannabis activities and established a process for permitting and regulating commercial cannabis activities in Daly City.
In August 2023, while approving the most recent cannabis Zone 7, City Council suggested the City adopt an equity program related to cannabis.
In December 2023, City staff applied for the State of California Cannabis Equity Grant funding Type 1 – solely to be used for the purpose of conducting an equity assessment and/or developing a local equity program.
By January 2024, City staff was notified of Daly City’s Type 1 award of $75,000.
Discussion
Daly City’s equity goals as related to cannabis are a worthy endeavor to providing opportunities to those most impacted by the drug war in their lives. The City recognizes the need to assist those who are attempting to navigate the regulatory process while dealing with the consequences of their legal and socio-economic challenges. Developing a comprehensive upward mobilization plan for equity eligible people throughout Daly City is a priority for the City, including the provision of economic opportunity to persons that have been impacted by the war on drugs. With this grant, City staff aim to follow the California Cannabis Equity Act (2018): A local equity program means a program that focuses on inclusion and support of individuals and communities in California’s cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization as evidenced by the City’s equity assessment.
Resolution Authorizing State of California Cannabis Equity Act Grant Funding Meeting Date: February 12, 2024
A thorough equity assessment will be conducted by third-party contractors and under grant guidelines, will be paid no more than $40,000. The assessment would chauffeur a data-driven approach to developing and implementing social equity while identifying individuals and communities directly impacted by the War on Drugs. Equity participants should be defined as those directly impacted by the War on Drugs, either with prior federal, state, or local cannabis conviction(s) and/ or a parent/guardian or spouse/domestic partner of an individual with a prior cannabis-related conviction (these include arrest(s) for cannabis-related convictions where cannabis was used as pretext for a stop or investigation). Developing an effective and long-lasting equity framework requires all parties to have a mutual comprehension and explanation of health and social equity. This assessment with a shared understanding of health and social equity can focus on various priorities, such as access to cannabis wealth creation and workforce development, community investment, healing and wellness, and other aspects outlined by stakeholders in the assessment. This assesses current practices, identifying challenges facing Daly City in its implementation of an equitable cannabis permitting program, and potential solutions based on best practices.
A successful assessment would articulate which populations or communities have been affected by discriminatory practices and identify who would most benefit from an equity program i.e. the underserved and underinvested demographics. Preliminary recommendations driven by the equity assessment will help guide the City to support an equitable cannabis industry, including some that require significant time, investment, and risk mitigation. The assessment may also set up the criteria for participants in an expungement program. The community and public will have the opportunity to provide feedback and input on the assessment driven recommendations. The City will continue its community driven collaborative process to shape the City’s Equity Program, informed by additional data analysis, stakeholder feedback, and evaluation of policy and legal implications.
Multi-Departmental Coordination. The Police Department will assist in providing necessary data on arrests made during the drug war. When such data is not available, San Mateo County Sheriff Department may have arrest records data needed to identify social justice inequities among individuals and communities.
Regarding staff time associated with the compilation and review of data, it is estimated the Police Department will require several hours depending on if the data is easily available electronically.
Arrests made before 2009 may not be electronically available. Regulatory and legal review will take several hours depending on barriers identified and data collected. Additionally, the Economic Development Specialist will undertake this 12- month long-plus endeavor that will require several hours per month for planning, research, and obtaining community feedback through townhalls and focus groups, as well as development time to build the framework for the program.
SUGGESTED TIMELINE for the completion of the cannabis equity assessment:
Months 1-2: Planning and Research
Define the goals and objectives of the equity assessment or local equity program development.
Assemble a task force comprising community members, government representatives, legal experts, and other stakeholders.
Conduct an initial assessment of the current state of cannabis equity in the community, including demographic data, economic indicators, and existing cannabis businesses.
Resolution Authorizing State of California Cannabis Equity Act Grant Funding Meeting Date: February 12, 2024
Months 3-4: Stakeholder Engagement
Organize public forums, town halls, and focus groups to gather input from community member and stakeholders.
Engage with cannabis businesses, advocacy groups, and industry experts to understand their perspectives and needs.
Months 5-6: Legal and Regulatory Review
Review existing cannabis regulations and ordinances.
Identify legal barriers to equity and propose regulatory changes.
Months 7-8: Drafting the Equity Assessment Report or Program Framework Compile data from the assessment and stakeholder input to create a comprehensive report.
Draft the framework including eligibility criteria, licensing considerations, and support services.
Months 9-10: Public Review and Feedback
Release the draft equity assessment report and local equity program framework for public review.
Gather feedback from public and stakeholders through hearings, surveys, or other mechanisms.
Months 11-12: Revision and Approval
Revise the equity assessment report and program framework based on feedback.
Present the final assessment and program framework to government authorities for approval.
Ongoing: Implementation and Monitoring
Implement the approved equity program and recommendations outlined in the assessment.
Establish a monitoring and evaluation system to track the effectiveness and impact of the equity program. Adjust program and regulations based on ongoing assessments and feedback.
Fiscal Impact
The Cannabis Equity Act Grant Type 1 Funding is $75,000. The grant term ends October 31, 2025, by which all grant funds must be expended. After both parties sign the agreement, the turn-around time for a check to be disbursed is approximately four (4) weeks.
Authorizing resolutions must be received by GO-Biz no later than March 25, 2024, and all grant agreements must be signed by April 1, 2024. Quarterly reports due to the State start in October 2024 giving City staff ample ramp-up time to start spending the funds.
The Cannabis Equity Act Grant Type 2 Funding is $250,000 and must be applied for only after an equity program has been implemented and running.
Conclusion
Staff recommends that City Council approve the attached Resolution Authorizing State of California Cannabis Equity Act Grant and adopt a process for permitting and regulating commercial cannabis
Resolution Authorizing State of California Cannabis Equity Act Grant Funding Meeting Date: February 12, 2024
business operations with an equity lens to create the infrastructure in communities that have historically lacked equitable and inclusive access to the cannabis industry.
Staff is available to provide any additional information desired by the Mayor and Councilmembers.
Respectfully submitted,
Maybelle Manio Tatum Mothershead
Economic & Community Development Economic & Community Development Specialist Director
Attachment
Resolution Authorizing State of California Cannabis Equity Act Grant Funding
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY
AUTHORIZING STATE OF CALIFORNIA CANNABIS EQUITY ACT GRANT FUNDING WHEREAS, the members of the California Legislature have recognized the need for cannabis equity grant funding; and
WHEREAS, funding has been provided to the Governor’s Office of Business and Economic Development to provide grant funds to local governments; and WHEREAS, City of Daly City supports the development of a local equity program; and WHEREAS, City of Daly City has determined that it will use grant funds from the Governor’s Office of Business and Economic Development to conduct a cannabis equity assessment and/or assist the development of a local equity program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Daly City that the City Manager is authorized to execute by electronic signature on behalf of City of Daly City the grant agreement with the Governor’s Office of Business and Economic Development, including any extensions or amendments thereof and any subsequent grant agreement with the Governor’s Office of Business and Economic Development in relation thereto.
BE IT FURTHER RESOLVED that any liability arising out of the performance of this grant agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The Governor’s Office of Business and Economic Development and the State of California disclaim responsibility for any such liability.
I hereby certify the foregoing to be a true copy of a Resolution adopted by the City Council of Daly City, California, at a regular meeting thereof held on the day of , 2024, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
MAYOR OF THE CITY OF DALY CITY
City Council Agenda ReportItem #
Meeting Date: February 12, 2024
Subject: Accept and Appropriate Fiscal Year 2024 Mid-Year Operating Budget Adjustments
Recommended Action
It is recommended that the City Council accept and appropriate Fiscal Year 2024 mid-year operating budget adjustments.
Background
The Fiscal Year 2024 Operating budgets were adopted by the City Council on June 12, 2023. The FY 2024 mid-year budget review is an opportunity for staff to recommend budget adjustments to reflect changes in revenue and expenditure estimates based on performance through the first half of FY 2024.
Discussion
After a review of financial activity from July 1, 2023, through December 31, 2023, City staff identified some needs for budget adjustments as summarized in Attachment A. Staff is recommending an increase in General Fund budgeted expenditures by a total of $159,838, which includes increases of $40k for Measure Q Recreation services and supplies, and $119,838 for other services and supplies, program costs, and capital outlay. Proposed adjustments to the General Fund budgeted revenues equate to an increase of $1,594,284 in taxes and interfund transfers.
Staff recommends adjustments to expenditures in other Non-General Fund budgets that equate to approximately $517k for other services and supplies. Proposed adjustments in revenues in Non-General Fund budgets equate to an increase of $9,885 in the Housing Set Aside Fund and a decrease of $4,965 for the Water Fund for interfund transfers.
Fiscal Impact
FY 2024 General Fund budgeted expenditures will increase $159,838 and General Fund budgeted revenues will increase $1,594,284. FY 2024 other City Funds will see an overall increase in budgeted expenditures of $517k and an increase in budgeted revenues of $4,920.
Summary/Conclusion
Staff recommends the City Council adopt a resolution to approve the recommended budget adjustments for FY 2024 as outlined in Attachment A. Staff is available to provide any additional information desired by the Mayor or City Council Members.
Respectfully submitted,
Timothy J. Nevin
Director of Finance and Administrative Services
Attachment A: FY 2024 Mid-Year Operating Budget Adjustments
Attachment A: FY 2024 Mid-Year Operating Budget Adjustments Fund Org Key Expense Type Amount
01 General Fund Services and Supplies 92,000
Measure Q Services and Supplies 40,000
Program Costs 25,743
Other Charges 2,095
General Fund Total 159,838
41 Water Fund Other Charges 172,000
53 PBX Telephone System Capital Outlay 20,000
55 Information Services Fund Services and Supplies 325,000 676,838
Fund Org Key Revenue Type Amount
01 General Fund Taxes 1,334,343
Interfund Transfer 259,941
General Fund Total 1,594,284
11 Housing Set Aside Fund Interfund Transfer 9,885
41 Water Fund Interfund Transfer (4,965)
Total Revenues 1,599,204
FY 2024 Mid-Year Budget Adjustment Revenue Break Down
FY 2024 Mid-Year Budget Adjustment Expenditure Break Down Total Expenditures
City Council Agenda ReportItem # _____
Meeting Date: February 12, 2024
Subject: Accept and Appropriate Fiscal Year 2024 Mid-Year Capital Improvement Program Budget Adjustments
Recommended Action
It is recommended that the City Council accept and appropriate Fiscal Year 2024 Capital Improvement Program (CIP) budget adjustments.
Background/Discussion
The Fiscal Year 2024 Capital Improvement Program (CIP) budget was adopted by the City Council on June 12, 2023. As part of the mid-year update, staff has identified several projects that should be added, modified, and/or removed. Using the criteria previously established to identify CIP projects, a number of projects have been identified and are submitted for approval. In the attachment provided, you will find the description and justification for each project that is being presented for approval and inclusion in the CIP.
The projects that are being recommended for approval are:
•Mission Street Transit Hub & Bus Shelter Painting and LED Lighting Upgrade: This project is near completion, and $75,000 can be returned to the General Fund Balance. •Fire Station 91 Roof Replacement: This project is near completion, and $110,000 can be returned to the General Fund Balance.
•Mission Hills Dog Park Design: There is a big need for a fenced dog park in Daly City, and the Parks Master Plan identified an area at Mission Hills Park that would be suitable for a dog park. The request is to allocate $85,000 from the General Fund to prepare a design for a dog park at Mission Hills Park.
•Traffic Signal/Streetlight Improvements: The decorative light poles on School Street from Highway 280 to Mission Street have deteriorated at the base and have been taken down for safety reasons. New streetlights are needed, and additional General Fund in the amount of $200,000 needs to be appropriated to the Traffic Signal/Streetlight Improvements project account.
•Fire Station 93 HVAC System and Energy Upgrades: During review of the Fire Station 93 HVAC System project, staff determined that additional energy upgrades should be included in the project. The request is to rename the Fire Station 93 HVAC System project to Fire Station 93 HVAC System and Energy Upgrades project and also appropriate additional
Subject: Accept and Appropriate Fiscal Year 2024 Mid-Year Capital Improvement Program Budget Adjustments
Meeting Date: February 12, 2024
General Fund in the amount of $227,500 to the renamed Fire Station 93 HVAC System and Energy Upgrades project account.
•Mussel Rock Alternative Study: The next phase of study for Mussel Rock is to obtain geotechnical data and identify alternatives for a long-term solution. An amount of $650,000 from the Solid Waste Franchise Fee CIP Set Aside needs to be appropriated to the Mussel Rock Miscellaneous Waste Mitigation/Stabilization project account. •C/CAG Smart Corridor: City/County Association of Governments of San Mateo County (C/CAG) is requesting that Daly City manage the construction of the Northern Cities Smart Corridor – Daly City/Colma. At the January 8, 2024 City Council meeting, the City Council authorized the City Manager to execute the funding agreement with C/CAG for the construction phase of the Smart Corridor project, and cost incurred by the City will be reimbursed by C/CAG. The amount of $5,800,000 will be budgeted from C/CAG Smart Corridor Program Reimbursement.
Future unanticipated CIP budget adjustments will be presented to Council on an as-needed basis.
Fiscal Impact
Staff has carefully selected the appropriate funds for each project while trying to minimize negative impacts to the General Fund. If approved, the amounts needed would be a net total of $327,500 in General Fund Funding, $650,000 in Solid Waste Franchise Fee CIP Set Aside and $5,800,000 in C/CAG Smart Corridor Program Reimbursement.
Summary/Conclusion
Staff recommends the City Council adopt a resolution to approve and appropriate the recommended budget adjustments for Fiscal Year 2024 Capital Improvement Program budget as outlined in Attachment A. Staff is available to provide any additional information desired by the Mayor or City Council Members.
Respectfully submitted,
Timothy J. Nevin Richard Chiu, Jr.
Director of Finance and Administrative Services Director of Public Works Attachment A:Fiscal Year 2024 Mid-Year Capital Improvement Program Budget Adjustments
Attachment A:
FY 2024 Mid Year Capital Improvement Program Budget Adjustments Project Name Description Justification
Amount
Requested
Funding
Source
Mission Street Transit Hub & Bus Shelter
Painting and LED Lighting Upgrade
Project is near completion. Remaining
funds can be returned to General Fund
balance
Excess in funds $ (75,000) General Fund
Fire Station 91 Roof Replacement
Project is near completion. Remaining
funds can be returned to General Fund
balance
Excess in funds $ (110,000) General Fund
Project Name Description Justification
Amount
Requested
Funding
Source
Mission Hills Dog Park Design To prepare a design for a dog park at Mission Hills Park
The Parks Master Plan has identified a
need for a fenced dog park at the
Mission Hills Park
$ 85,000 General Fund
Traffic Signal/Streetlight Improvements
To replace the decorative light poles on
School Street from Highway 280 to Mission
Street.
New streetlights are needed to
replace the decorative light poles that
were taken down due to safety
reasons
$ 200,000 General Fund
Fire Station 93 HVAC System and Energy
Upgrades
Request to rename the Fire Station 93
HVAC System project to Fire Station 93
HVAC System and Energy Upgrades project
and appropriate an additional $227,500 to
the renamed Fire Station 93 HVAC System
and Energy Upgrades project account.
After reviewing the project, staff
determined that additional energy
upgrades need to be included
$ 227,500 General Fund
Mussel Rock Alternative Study Obtain geotechnical data and identify alternatives for a long term solution
An additional phase is needed for this
project to identify long-term solutions $ 650,000 Solid Waste Franchise Fee
C/CAG Smart Corridor
City/County Association of Governments
of San Mateo County (C/CAG) is requesting
that Daly City manage the construction of
the Northern Cities Smart Corridor – Daly
City/Colma
City Council authorized the City
Manager to execute the funding
agreement at he January 8, 2024 City
Council meeting.
$ 5,800,000
C/CAG Smart
Corridor Program
Reimbursement
FY 2024 Mid-Year Budget Adjustment-Return of Funds/Surplus FY 2024 Mid-Year Budget Adjustment Requested Appropriations
City Council Agenda ReportItem # _____
Meeting Date: February 12, 2024
Subject: Reallocation of PLHA funds to Midway Village
Recommended Actions
Approve reallocation of $486,230 in Permanent Local Housing Allocation Funds from 493 Eastmoor to Midway Village Phase 2.
Background
In June of 2022 the City Council approved an allocation of $2,917,380 in Permanent Local Housing Allocation (PLHA) funds for the Core Companies’ affordable housing project at 493 Eastmoor. Since that time, the Core Companies has worked diligently to secure additional subsidy financing required to fully fund the development costs of their project. Unfortunately, the project still needs significant additional subsidy financing before it can proceed to construction. Currently, the developer is seeking funding from the National Housing Trust Fund, and anticipates a hearing a response to their proposal in May of 2024 making the earliest possible construction start date of May, 2025.
In Spring of 2023, MidPen Housing approached the City with a request for subsidy financing to assist in the redevelopment of Midway Village. This 4-phase project, approved per Council Resolution #20-98, will result in the transformation of a 150 -unit former public housing project to a 555 -unit affordable housing development that will provide studios, 1, 2, 3 and 4 bedroom homes to families, seniors, and special needs individuals and households including existing residents. The redeveloped Midway Village will include community rooms, childcare facilities, outdoor play spaces, onsite parking, open spaces and updated infrastructure. The modernized development will utilize the most current energy efficient building materials, mechanical systems and design elements.
Midway Village Phase 2 includes 113 affordable homes and will serve households with incomes ranging from 15% to 60 % of area median income (AMI). The community includes 28 units reserved for those eligible for the Housing for Healthy California (HHC) program, which targets homeless individuals in need of substantial health care support, which will be provided by San Mateo County Health. Forty-six (46) units will also be reserved for existing Midway Village residents who will move from units that are nearly 50 years old into the brand-new building. Phase 2 will be providing a brand-new, state-of-the-art child care center on its ground floor for Peninsula Family Service, the operator of the licensed child care currently onsite.
The PLHA program was created in response to SB 2, which was signed by Governor Brown in 2017 and will provide a permanent revenue source to Daly City for a wide variety of affordable housing activities. So far, the City’s annual allocations have ranged from $438,780 to $875,455.
Annual allocations must be committed and expended within 58 months of the allocation date, or the State can rescind the funding. The City’s first year allocation was $511,821 and after deductions for administrative costs, a total of $486,230 is available for investment in affordable housing.
City Council Agenda Report
Subject: Reallocation of PLHA Funds to Midway Village Redevelopment Meeting Date: February 12, 2024
Discussion
Reallocation of the City’s first year PLHA allocation will help complete the subsidy financing for Midway Village Phase 2, enhancing its competitiveness for an application this spring for tax credits and tax-exempt bonds, which, if awarded, would allow project to begin construction of the next 113 units in winter, 2025. The Year 1 PLHA funds transferred from 493 Eastmoor can be replaced with future year PLHA funds or Housing Trust funds, resulting in no net shortfall to the project.
If the transfer of $486,230 in PLHA funds from 493 Eastmoor to Midway Village is approved, the funds would be offered to MidPen in the form of a loan with a one percent interest rate. MidPen would be required to sign and record an affordability covenant requiring that 54 units be reserved for households with incomes at or below 60 percent of the area median and at rents affordable to households at this income level. Table 1 shows the current income limits and rent levels for households at 60 percent AMI. These are adjusted annually. As a condition of the funding, the City would carry out annual compliance monitoring.
Table 1
Midway Village
Income Limits and Affordable Rents
Household 60 % AMI
Size Income Limit
1 $ 78,000
2 $ 89,200
3 $100,400
4 $111,500
5 $120,500
Unit 2023
Type 60 % AMI Rent
Studio $1,951
1-Bedroom $2,091
2-Bedroom $2,509
3-Bedroom $2,898
4-Bedroom $3,234
Staff has prepared the following loan documents to memorialize the terms and conditions of providing PLHA funds to Mid Pen:
•Loan and Regulatory Agreement Between the City of Daly City and MP Midway Associates 2, L.P.
•Secured Promissory Note
City Council Agenda Report
Subject: Reallocation of PLHA Funds to Midway Village Redevelopment Meeting Date: February 12, 2024
•Deed of Trust
•Declaration of Affordability Covenant
The firm of Devine & Gong, an affordable housing financial consulting firm, was retained to prepare an underwriting analysis for the proposed funding. That analysis concluded that when all funding sources are confirmed, the Midway Village project appears to be financially viable and ready to provide quality affordable housing for the life of the affordability covenant.
Recommendation
Approve the reallocation of $486,230 in PLHA funds from 493 Eastmoor to Midway Village redevelopment and authorize the City Manager or his designate to sign all documents related to a loan of $486,230 in PLHA funds from the City to MidPen.
Respectfully submitted,
Lenelle Suliguin Tatum Mothershead
Senior Management Analyst ECD Director
Attachments:
•Loan and Regulatory Agreement Between the City of Daly City and MP Midway Associates 2, L.P. •Secured Promissory Note
•Deed of Trust
•Declaration of Affordability Covenant
City Council Meeting Agenda ReportItem # _____
Meeting Date: February 12, 2024
Subject: Adopt a Resolution Declaring Loneliness a Public Health Crisis Recommended Action
Adopt a Resolution Declaring Loneliness a Public Health Crisis.
Background
United States Surgeon General, Dr. Vivek Murthy, has issued “Our Epidemic of Loneliness and Isolation: The U.S. Surgeon General’s Advisory on the Healing Effects of Social Connection and Community,” which highlights the public health crisis of loneliness, isolation, and lack of connection, emphasizing the significant impact on mental, physical, and societal health.
San Mateo County has witnessed a rise in residents experiencing isolation, with 45% expressing difficulty in 2022. The percentage of residents who did not have someone to turn to in the past month if they needed or wanted help increased from 2004 (13.1%) to 2022 (16.1%). According to the County of San Mateo, men, adults with lower education or income levels, Asians, Pacific Islanders, Hispanics, LGBTQ+ respondents and residents of North County more often report they do not have a social connection network. National studies have further identified that race and ethnicity can contribute to the effects of loneliness, isolation, and lack of connection.
The City of Daly City is an immigrant community – more than half of our population is foreign born, highlighting the diverse composition of this community. Daly City is extremely diverse, so we must be responsive to all community member needs.
Additionally, national research underscores that older immigrants who relocate to another country are particularly susceptible to loneliness, attributed in part to shifts in language, cultural norms, social networks, and experiences of racism and/or discrimination. Daly City residents aged 65 or older make up almost 20% of our population, which is larger than the population cohort of children under 18. Throughout the pandemic, it became evident that the senior population in Daly City were experiencing isolation, and for some it was the first time in their lives they were experiencing loneliness.
Discussion
Loneliness has a profound impact on health and is comparable to smoking 15 cigarettes a day. It leads to poor health outcomes according to the U.S. Surgeon General Dr. Vivek Murthy, including an increased risk of heart disease, stroke, dementia, depression, and a higher likelihood of premature death.
The Surgeon General's Advisory on ‘Our Epidemic of Loneliness and Isolation’ provides a comprehensive framework for a National Strategy to Advance Social Connection, outlining six foundational pillars to address this critical issue:
City Council Agenda Report
Subject: Adopt a Resolution Declaring Loneliness a Public Health Crisis Meeting Date: February 12, 2024
1. Strengthening Social Infrastructure: Designing environments that promote connection, establishing community connection programs, and investing in institutions that bring people of all ages together;
2. Enacting Pro-Connection Public Policies: Supporting policies at the national, state, local, and tribal levels that enhance community connection, such as accessible public transportation and paid family leave;
3. Mobilizing the Health Sector: Assessing patients for the risk of loneliness and intervening, recognizing the health implications of social isolation;
4. Reforming Digital Environments: Critically evaluating technology use to ensure that digital interactions do not detract from meaningful and healing connections;
5. Deepening Our Knowledge: Establishing a robust research agenda to better understand the causes and consequences of social disconnection and the effectiveness of efforts to boost connection; and
6. Cultivating a Culture of Connection: Fostering a culture that promotes positive everyday interactions and norms to enhance relationships.
Social connection is recognized as a key factor in building individual resilience and improving community well-being, with potential benefits for population health, community safety, prosperity, and civic engagement.
Fiscal Impact
None.
Summary/Conclusion
Through Mayor Juslyn C. Manalo’s leadership recognizing that loneliness, isolation, and lack of connection exists in Daly City, the City Council may consider becoming one of the first cities in the nation to adopt a Resolution Declaring Loneliness a Public Health Crisis and begin taking steps as a unified community to build stronger social connections.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Leilani Ramos
Assistant to the City Manager
Attachment: “Our Epidemic of Loneliness and Isolation: The U.S. Surgeon General’s Advisory on the Healing Effects of Social Connection and Community”
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY
DECLARING LONELINESS A PUBLIC HEALTH CRISIS IN THE CITY OF DALY CITY,
COUNTY OF SAN MATEO
WHEREAS, United States Surgeon General, Dr. Vivek Murthy, has issued “Our Epidemic of Loneliness and Isolation: The U.S. Surgeon General’s Advisory on the Healing Effects of Social Connection and Community,” which highlights the public health crisis of loneliness, isolation, and lack of connection, emphasizing the significant impact on mental, physical, and societal health; and
WHEREAS, the physical and mental health consequences of poor or insufficient connection are profound, including an increased risk of heart disease, stroke, dementia, depression, and a higher likelihood of premature death; and WHEREAS, in San Mateo County in 2022, 45% of residents expressed they were experiencing difficulty with isolation and loneliness. The percentage of residents who didn’t have someone to turn to in the past month if they needed or wanted help increased from 2004 (13.1%) to 2022 (16.1%). Men, adults with lower education or income levels, Asians, Pacific Islanders, Hispanics, LGBTQ+ respondents and residents of North County more often report they do not have a social connection network; and
WHEREAS, national studies have further identified that race and ethnicity can contribute to the effects of loneliness, isolation, and lack of connection. The City of Daly City is an immigrant community – more than half of our population is foreign born, highlighting the diverse composition of this community; and
WHEREAS, national research underscores that older immigrants who relocate to another country are particularly susceptible to loneliness, attributed in part to shifts in language, cultural norms, social networks, and experiences of racism and/or discrimination; and WHEREAS, loneliness and isolation disproportionately impact older adults, contributing to social isolation, loneliness, and poor health outcomes. Daly City residents aged 65 or older make up almost 20% of our population, which is larger than the population cohort of children under 18. Throughout the pandemic, it became evident that the older adult and senior population in Daly City were experiencing isolation, and for some it was the first time in their lives they were experiencing loneliness; and WHEREAS, the Surgeon General's Advisory on Our Epidemic of Loneliness and Isolation provides a comprehensive framework for a National Strategy to Advance Social Connection, outlining six foundational pillars to address this critical issue; and WHEREAS, social connection is recognized as a key factor in building individual resilience and improving community well-being, with potential benefits for population health, community safety, prosperity, and civic engagement; and
WHEREAS, Daly City will become one of the first cities in the nation to adopt a Resolution Declaring Loneliness a Public Health Crisis and begin taking steps as a unified community to build stronger social connections.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Daly City that it does hereby acknowledge the importance of addressing loneliness and isolation as a critical public health concern in the City of Daly City, County of San Mateo, recognizing that social connection is essential for the health and well-being of our residents.
I hereby certify the foregoing to be a true copy of a Resolution adopted by the City Council of Daly City, California, at a regular meeting thereof held on the day of , 2024, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
MAYOR OF THE CITY OF DALY CITY
1 CITY OF DALY CITY MEMORANDUM
From: Rose Zimmerman, City Attorney
To: Mayor and City Council
Thomas J. Piccolotti, City Manager
Date: February 9, 2024
Subject: City Council Vacancy and Discussion Next Steps
----------------------------------------------------------------------------------------------------------------------------
BACKGROUND
Councilmember Raymond Buenaventura informed the City that effective February 2, 2024, he would resign as Councilmember for the City of Daly City. He confirme d that decision in writing to the City Clerk on February 2, 2024.
As a resu lt of his resignation, there is now a vacancy in the Council seat. Government Code §36512 sets out the procedure to fill a City Council vacancy. Section 36512 allows a city to enact an ordinance that allows a person appointed to fill a vaca ncy on the city council to hold office until the date of a special election, which shall immediately be called to serve the remainder of the term.
Daly City Municipal Code Section 2.04.060 r equires that a special election be called upon a vacancy on the City Council. The Code states: “Special election to fill vacancy - A person appointed to fill a vacancy on the city council holds office only until the date of a special election which shall i mmediately be called to fill the remainder of the term. Such a special election may be held on the date of the next regularly scheduled election to be held throughout the City in not less than one hundred fourteen days from the call of the special election.”
Council may appoint someone to fill a Council vacancy, but only until the special election date.
DISCUSSION
Special Election
The Daly City Municipal Code requires that a special election be called upon a vacancy on the Council. Daly City enacte d DC Municipal Code section 2.04.060, which provides that a person appointed to fill a vacancy on the city council holds office until t he date of a special election.
The special election will be held on the date of the next regularly scheduled municipal election to be held throughout the city, not less than 114 days from the call of the special election. The next regularly scheduled general election is November 5, 2024.
2 Appointment By City Council to Fill Vacancy
The Council may appoint someone to fill the Council vacancy, but only until the special election date. The Council appointment may fill the vacant seat for the remaining eight months of the term until the Special Election. The Council may consider a qualified resident of the City to serve the term until the Special Election.
There is no specified process to solicit individuals for appointment. The City Council may make a direct appointment or establish a formal procedure to interview candidates and decide on an appointment for the remaining t erm. The only criteria are that the person appo inted must be a member of the public who legally resides within the City limits and is registered to vote (Government Code section 36502).
The City Council can nominate individuals or go through an application and interview process. If the City Council o pts to fill the vacancy by appointment and hold interviews, the Brown Act requires the entire City Council to conduct the interviews in open session.
If the Council wishes to proceed with an application and i nterview process, staff requests the Council authorize staff to a procedure to initiate applications from interested persons, set a due date for all applications, and schedule a follow-up meeting for consideration of the applications by the City Council. Staff can prepare a sample application and timeline for review upon direction from the Council.
Take No Action Option for Appointment
Although not reflected in the statute, the last option is to take no action to fill the vacancy and to wait for the Special Election.
CONCLUSION
Council Determination:
1. Call Special Election to be consolidated with General Election at next regularly scheduled City Council meeting; and
2. Provide direction to City staff to initiate an appointment process for applications and interviews or other steps as determined by the City Council for consideration at a future meeting or
3. Take no action on appointment or
4. Provide alternative direction to staff.
Staff is available for any questions desired by the Mayor or City Council.
1 ORDINANCE NO. 1470
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DALY CITY AMENDING TITLE 6 OF THE DALY CITY RE: ANIMAL CONTROL
The City Council of the City of Daly City, DOES ORDAIN as follows:
SECTION 1. Title 6 of the Daly City Municipal Code is amended to be entitled and numbered to read as follows:
Title 6
ANIMAL CONTROL
Chapter 6.04 Animal Control
Chapter 6.08 Prohibitions and Nuisances
Chapter 6.10 Violation and Penalty
Chapter 6.12 Horse Stables
SECTION 2.Chapter 6.04 of the Daly City Municipal Code is hereby repealed and replaced and numbered to read as follows:
CHAPTER 6.04 ANIMAL CONTROL
6.04.010 – Definitions
The following words and phrases, when used in this Chapter shall have the meaning set forth below:
"Animal Control Officer" – any Person designated as the Animal Control Program Manager for the County, as well as the head of the County’s animal control contractor and their duly authorized officers or deputies. In the event the County has no animal control contractor to provide animal control officers, or in cases of emergency in which additional animal control officers are needed, “animal control officer(s)” may include Persons so designated by the Animal Control Manager.
"Animal Control Program" – that program established by the County and participating cities, and the Program’s animal control contractor(s), if any, which contractor is specifically charged with regulating and enforcing laws dealing with animal control within the participating jurisdictions. Animal Control Program includes the Licensing Program. "Animal Control Program Manager" - that Person employed by the County to oversee the Animal Control Program or designee.
"Animal Control Shelter" - A San Mateo County facility operated by the County, or by another public entity, an accredited, tax-exempt humane non-profit organization contracted with the County, or a for-profit business contracted with the County for the purpose of impounding, sheltering, adopting, or euthanizing seized, stray, distressed, homeless, abandoned, or unwanted animals.
2 “Caretaker” - any Person 18 years of age, or older, who has assumed responsibility for the care, custody, or control of an animal(s).
"Dangerous Animal" - any animal, except a trained animal assisting a peace officer engaged in law enforcement duties, that constitutes a danger to Persons or animals, and/or demonstrates any of the following behavior(s):
(a) behavior that results in bodily harm that is less serious than a “Severe Injury”, or constitutes a substantial threat of bodily harm to a Person; or (b) an attack on another animal which results in an injury that is sufficient to require veterinary care even if not received.
An animal which has been declared by an out of this County jurisdiction as "potentially dangerous," "dangerous," "vicious," or any other similar designation, may be deemed a Dangerous or Vicious animal for the purposes of this Chapter, as determined by an Animal Control Officer. “Health Officer” - that Person so designated by the County of San Mateo. “Humane Officer” - any Person who is qualified and appointed pursuant to California Corporations Code Section 14502, and who is an employee of the County and designated as such by the County or an employee of a society for prevention of cruelty to animals or humane society that has contracted with the County of San Mateo to provide animal control services. "Licensing Program” - that program within San Mateo County Health Department, including but not limited to, any County contractor specifically charged with regulating and selling animal licenses in the County of San Mateo.
“Owner" - any Person 18 years of age or older who:
(a) holds the license to the animal; or
(b) if the animal is not licensed, is legally entitled to possession of the animal; or (c) has exercised primary responsibility for the care of the animal for thirty (30) or more consecutive calendar days.
“Person” – means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof.
“Severe injury" - Any physical injury to a human caused by an animal attack that involves tooth derived muscle tears, disfiguring wounds or laceration(s), multiple bites requiring sutures, broken bones and/or requires corrective surgery.
“Service Animal” - any animal defined as such by federal or state law.
3 "Vicious Animal" - any animal, except a trained animal assisting a peace officer engaged in law enforcement duties, which meets any or all of the following criteria:
(a) Any animal that, at the time of the attack, is already designated as a Dangerous Animal and/or is the subject of a Dangerous Animal permit, and which is found to have engaged in any of the following:
(1) behavior that results in bodily harm, or constitutes a substantial threat of bodily harm, to a Person; or
(2) an attack on another animal which results in an injury that is sufficient to require veterinary care, whether or not received.
(b) Any animal that inflicts Severe Injury to or kills a Person. (c) Any animal which cannot be safely maintained with a Dangerous Animal permit. (d) Any animal designated by another governmental jurisdiction as, “dangerous”, "vicious", or any other similar designation, if that prior designation is based on behavior which would meet the definition of Vicious Animal under this Chapter, as determined by an Animal Control Officer.
6.04.020 - Animal Control Program.
(a) The Animal Control Program is responsible for the enforcement of this Chapter.
The duties of the Animal Control Program shall include, but not be limited to, the following:
(1) Provide animal control, sheltering services, and a rabies control program to carry out and enforce all provisions of this Chapter and California Health & Safety Code section 121690, and keep such records as may be required by law or contract.
(2) Enforce the provisions of this Chapter and all applicable state and local laws relating to the care, treatment, and impounding of animals, and specifically to issue citations and to make arrests for violations of the provisions of this Chapter and related state laws, to the extent authorized by law. (3) Impound animals found to be in violation of this Chapter in the interest of protecting public health and safety.
(4) Investigate animals pursuant to this Chapter or applicable state law and, if deemed appropriate, designate any such animals as Dangerous or Vicious pursuant to this Chapter.
(5) Impound animals which are in imminent or ongoing danger, or which are in need of safekeeping in order to protect the health and safety of the animal. (6) Impound animals that are causing a threat to public safety.
4 (7) Where authorized under the law, to enter upon any premises upon which any animal is kept in order to seize or impound of any animal if reasonable cause exists to believe that such animal is being kept or has behaved in violation of the provisions of this Chapter.
(8) To remove and dispose of the carcass of any animal(s) found on any public right of way, except freeways or other areas maintained by Caltrans. (9) Quarantine animals under the direction of the County Health Officer to ensure public health and safety.
(10) Euthanize and/or dispose of animal(s) humanely and in accordance with the law.
(11) Place for adoption, when appropriate, properly impounded animals if such animals are not redeemed after due notice to known Owners in accordance with the law.
(12) Provide and hold vaccination clinics in strategic locations throughout the County pursuant to Health and Safety Code 121690.
(13) Provide or make available at low cost, spay/neuter surgeries to dogs, cats, and rabbits.
(14) Provide for issuance of an animal license for a period not to exceed the term of the anti-rabies vaccination, as provided by state law. (15) To collect any fees or charges provided for in this Chapter for the licensing, impounding and/or keeping of any animal, or for the enforcement of this Chapter.
(b) Animal Control Officers qualified under Penal Code section 830.9, who are either employees of the County designated as such by the County, or employee(s) of and designated as such by a society for prevention of cruelty to animals or humane society which has contracted with the County to provide animal control services, shall have the authority to issue citations and/or notices to appear in court, and obtain and execute search warrants to the maximum extent allowed by law, for violations of state and local animal control laws. Animal Control Officers shall have the authority provided by state law including, but not limited to, that described by Penal Code section 830.9. Animal Control Officers must complete Penal Code section 832 training.
(c) Those employees of a society for prevention of cruelty to animals or humane society under contract with the County to provide animal control services, who have been appointed and qualify as humane officers under California Corporations Code section 14502, or its successor statute, shall have the authority to issue citations and/or notices to appear in court, and obtain and execute search warrants, to the maximum extent allowed by law, for violations of state and local animal control laws.
5 (d) The County may contract for animal control services to be performed countywide, including within cities, provided agreement is made with the participating jurisdictions.
6.04.030 - Rabies Vaccinations.
(a) Every dog or cat Owner shall ensure their animal is vaccinated for rabies by a licensed veterinarian in the manner prescribed or approved by state law and the State of California Department of Public Health, after the dog or cat attains the age of three (3) months of age and/or within ten (10) calendar days of acquiring an unvaccinated animal. This vaccination shall be obtained prior to issuing a license for the dog or cat. In addition, proof of vaccination shall be provided by the Owner or veterinarian to the Licensing Program or the County’s animal control contractor. (b) Every veterinarian who vaccinates or causes or directs to be vaccinated in the County any dog, or cat with rabies vaccine shall certify that such animal has been vaccinated. Every veterinarian shall submit to the licensing authority a copy of the County-approved rabies vaccination form, within ten (10) calendar days of the beginning of each month, for any dog or cat which they vaccinate or direct to be vaccinated with anti-rabies during the previous month. An Animal Control Officer or animal licensing staff shall have the right to inspect records of rabies vaccinations during normal business hours.
(c) Upon receipt of a written request from a licensed veterinarian to exempt a microchipped pet from receiving a one or three-year vaccination, for medical reasons, the County Health Officer and/or designee shall review the basis for the request for exemption and approve or/deny said request.
6.04.040 - Dog and Cat Licenses.
(a) Licensing requirements for dogs and cats shall be as follows:
(1) An annual license shall be obtained, and an annual license fee shall be paid by the Owner for every dog or cat over the age of three (3) months owned or kept in unincorporated San Mateo County, and all cities within the County which adopt this Chapter. Said annual license fee shall be first due when the animal reaches three (3) months of age or within sixty (60) calendar days after the dog or cat is acquired, and due on the expiration date of the rabies vaccination and each year thereafter.
(2) New residents shall have sixty (60) calendar days in which to acquire such license.
(3) Persons renewing their license shall have thirty (30) calendar days following their due date before being found delinquent and assessed a late penalty. (4) The fee for such license shall be as set forth in section 6.04.350 of this Chapter. The fee paid for the licensing of altered dogs and cats shall be less than said license fee for unaltered cats or dogs upon presentation of the proper
6 certification. The license fee paid by Persons over the age of 60 shall be at a discount.
(5) An Owner may obtain a three-year license for a cat or dog by submitting to the Licensing Program adequate proof of a three-year rabies vaccination of the animal to be licensed and payment of the applicable fees, as set forth in section 6.04.350 of this code.
(6) Any Person who fails to pay such license fee after said fee is due or said dog or cat is required to be licensed, in addition to paying any past due license fee(s), may also be required to pay a late fee in accordance with Section
6.04.350 of this Chapter or may receive an administrative citation.
(7) A license shall be obtained, but no license fee shall be payable, by the Owner of any dog being raised, trained or used as a Service Animal, or for dogs that have served as a member of the armed forces of the United States of America, or any dog used by a local law enforcement agency for the purposes of law enforcement.
(8) Animals with microchip implants or other permanent identification acceptable to the Animal Control Program are not exempt from the mandatory licensing requirements.
(b) The licensing provisions in this Chapter are not applicable to the following:
(1) Dogs or cats used for diagnostic purposes or research, the use having been approved by the California State Department of Health Services pursuant to section 1666 of the Health and Safety Code.
(2) Dogs or cats used for teaching purposes in recognized educational institutions. (3) Dogs or cats owned by veterinarians licensed by the State and kept on the premises used by said veterinarians in their practice.
(c) Tags for dogs and cats shall be issued as follows:
(1) The Licensing Program shall procure and, when licensing fee is paid, issue a lifetime tag which shall bear the number of the license. A record shall be kept with the name of the Owner together with a description of the dog or cat for which the license is issued and the number of the license, and a tag shall be provided to such Person upon payment for such license as provided by this Chapter.
(2) Whenever a tag has been lost or stolen, the Owner of the animal may request a duplicate tag upon payment of the required fee.
(3) The Owner of a licensed dog or cat shall affix such tag to a suitable collar, which collar shall remain on the dog or cat at all times.
7 (4) When an animal has been designated as a Service Animal, the Owner may obtain a lifetime service tag and shall be required to follow the requirements in Section 6.04.030 (a). Said tag will replace a regular dog license. (5) The Owner or operator of any kennel, animal breeding facility, pet shop, or any place or establishment where animals are sold, adopted, or given away shall keep a permanent record of the name, address, and phone number of the purchaser of any dog or cat, along with the breed, color, sex, and age of each animal sold, adopted, or given away and shall forward such information to Animal Control services within thirty (30) calendar days thereafter. An Animal Control Officer, County representative, or employee of the County’s animal control contractor shall have the right to inspect such records during normal business hours, with forty-eight (48) hours prior notice to the Owner or operator.
6.04.050 - Public Protection from Dogs.
(a) No Owner or possessor of a dog shall cause or allow such dog to bite, or physically threaten or harass any person unless necessary to protect the physical safety of a Person.
(b) Every Owner or possessor of a dog shall prevent such dog from causing injury to another animal while such animal is lawfully upon public or private property. The failure of the Owner of a victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor in any attack.
(c) No Owner or possessor of a dog shall command or provoke such dog to attack, sic or threaten a Person unless such action is necessary to protect the physical safety of a Person.
(d) No Owner or possessor of a dog that resides in another county and is found to have violated this section shall thereafter allow such dog to be brought into San Mateo County unless the dog is fully enclosed in a vehicle and passing through to another location without stopping at any public or private premises within the County.
6.04.060 - Prohibited Conduct.
No Owner or other Person having care, custody or control of any animal shall cause or permit it to do any of following:
(a) To be upon any public street, sidewalk, park, school ground, any public property, or upon any unenclosed premises in this jurisdiction unless:
(1) the animal is properly licensed, if such licensing is necessary hereunder; and (2) the animal is controlled by a chain, lead rope, or leash, which is connected to the animal’s collar, saddle, harness, or halter. This latter requirement is not applicable to cats, or to service animals under the complete control of the Owner or Caretaker.
8 An electric or invisible fence does not constitute an enclosure for the purposes of this requirement.
(b) To trespass upon any private property without the consent of the owner thereof, and to knowingly permit the animal to remain upon the property, or to habitually continue to trespass thereon.
(c) To suffer or permit such animal to habitually bark or meow or otherwise act to disturb the peace of any citizen or to be a public nuisance. (d) To be without proper and adequate food, water, shelter, care, and attention.
(e) No Person shall possess within San Mateo County any animal designated by another jurisdiction as “potentially dangerous”, “dangerous”, or “vicious,” or other designation based on the animal’s potential danger to humans and/or animals, without previously notifying Animal Control and receiving express written permission from the Animal Control Manager for the animal’s presence or residence in San Mateo County. A failure to receive prior permission is in itself a sufficient basis for an Animal Control Officer or peace officer to seize and impound such animal.
(f) Subsection (a)(2) of this section shall not be applicable to cats.
6.04.070 - Protection of Animals in Motor Vehicles.
(a) No Person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of said animal due to heat, cold, lack of adequate ventilation, lack of water, or other circumstances that could reasonably be expected to cause suffering, disability, or death of said animal. (b) An Animal Control Officer, Humane Officer or peace officer may remove an animal from a motor vehicle if the animal’s safety reasonably appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. An Animal Control Officer, Humane Officer or peace officer is authorized to take all steps that are necessary for the removal of such animal from the motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort has been made to locate the Owner or other Person responsible.
(c) If an animal is removed from a motor vehicle as set forth herein, the removing officer shall, if deemed necessary by the officer, take it to an animal shelter, veterinary hospital, or other place of safekeeping.
(d) An Animal Control Officer or peace officer who removes an animal from a motor vehicle shall, in a conspicuous location on or within the motor vehicle, leave written notice bearing their name and office, and the address of the location where the animal can be claimed. The animal may be released to the Owner only after payment of all fees that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.
9 (e) Nothing in this section shall preclude prosecution under both this section and California Penal Code Section 597 or any other provision of state or local law.
6.04.080 - Release from Confinement.
No Person other than the Owner, or person authorized by the Owner of the animal shall release any animal from any confinement, vehicle, or restraint unless such release is necessary for the immediate health and safety of the animal. This section shall not apply to Animal Control Officers, Humane Officers, and/or peace officers.
6.04.090 - Declaration of Dangerous Animal.
(a) No Person shall knowingly keep, have, maintain, sell, trade, or let for hire an animal designated as Dangerous under this Chapter without obtaining a Dangerous Animal permit from the Animal Control Officer. The animal Owner shall comply with all conditions of the Dangerous Animal permit including, but not limited to, all requirements of section 6.04.100 of this Chapter. Any animal which is determined to be Dangerous under this Chapter and for which a permit has not been obtained shall be surrendered to an Animal Control Officer, peace officer, or a County animal control contractor agency for appropriate disposition, which may include humane euthanasia.
(b) In determining whether or not an animal shall be designated as Dangerous, the Animal Control Officer, peace officer, or hearing officer may consider any relevant facts and circumstances, including but not limited to:
(1) the alleged attacking animal’s prior history.
(2) the alleged attacking animal’s Owner(s) ability to comply with this Chapter, and/or compliance with any prior Dangerous Animal permits held by the alleged attacking animal’s Owner(s).
(3) whether any of the animals involved were previously deemed by a governmental jurisdiction as “potentially dangerous, “dangerous”, “vicious” or any other similar designation.
(c) In determining whether or not an animal shall be designated as Dangerous, the Animal Control Officer, peace officer, or hearing officer, may consider the following mitigating factors:
(1) Whether at the time of the injury, attack or molestation, the Person or animal suffering the injury, attack or molestation:
(i) provoked, tormented, teased, abused or assaulted the animal, thereby causing or contributing to the alleged behavior;
(ii) committed a willful trespass or other tort upon the private property of the Owner or Caretaker of the animal in the presence of the animal;
10 (iii) threatened or committed an unjustified attack or assault against the Owner, Caretaker or other Person in control of the animal in the presence of the animal
(2) Any other mitigating factor relevant to whether the animal poses a threat to public health or safety. The failure of the Owner or Person in control of a victim animal to have the victim animal on a leash shall not, in itself, constitute a mitigating factor in any attack.
(d) The unwillingness of a victim or a particular witness to testify at a hearing shall not prevent designation of an animal as a Dangerous Animal, as long as sufficient evidence exists to support the designation.
(e) In the event that an Animal Control Officer or peace officer determines it necessary to protect the health or safety of the public, or of any animal, they may immediately impound any animal according to the procedures set forth in this Chapter. (f) If an Animal Control Officer or peace officer has investigated and determined that an animal is Dangerous, the Animal Control Officer or peace officer shall deliver written notice of such determination to the Owner of the animal pursuant to section 6.04.260. (g) Should the Owner of the animal wish to contest the Dangerous Animal designation, the Owner may request a hearing, which hearing shall be conducted according to the procedures set forth in section 6.04.150 of this Chapter. The Owner shall submit a written request for a Dangerous Animal hearing to the Animal Control Officer within seven (7) calendar days of the written notification by the Animal Control Officer and/or peace officer that the animal has been declared dangerous.
(1) Should the animal Owner not submit a request for an administrative hearing within the required timeframe, the administrative hearing process shall be deemed waived, the Dangerous Animal designation will be final, and the animal Owner shall obtain a Dangerous Animal permit within seven (7) calendar days of the written notification that the animal has been declared Dangerous.
(2) If the animal Owner requested a hearing and the hearing officer confirms the determination that the animal is Dangerous, the Owner must obtain the Dangerous Animal permit and meet the conditions required by such permit, within seven (7) calendar days of notice of such decision, unless the time is extended by an Animal Control Officer.
(3) If an animal is designated as Dangerous, but the Owner fails to obtain a Dangerous Animal permit within the required timeframe, the animal will be deemed abandoned, and will be subject to disposition as deemed appropriate, including potential euthanasia by the County’s animal control contractor, at the discretion of the Animal Control Officer, peace officer or City or County representative. If not already impounded, the animal will be promptly impounded. The Owner of the animal shall be responsible for all costs of impoundment of the animal incurred prior to such abandonment.
11 (h) If after investigation by an Animal Control Officer or peace officer, that officer determines that the animal is not Dangerous, the victim or an Owner of a victim animal may appeal that determination, within seven (7) calendar days of notice of the decision given pursuant to section 6.04.260, by submitting to the Animal Control Officer or peace officer a written request for a hearing and paying the required fee. The Animal Control Officer or peace officer shall prepare a written report documenting its reasons for determining the animal not Dangerous and shall include evidence it has considered for and against the designation in its report. The hearing shall be conducted according to the procedures set forth in section 6.04.150 of this Chapter.
(i) No animal designated by the County as a Dangerous Animal may be transferred to a new place of residence or to a new Owner or Caretaker without prior written approval of the Animal Control Program Manager. Prior to the relocation, a written request for the relocation must be delivered to the Animal Control Program Manager and the County’s animal control contractor, if any, at least 30 calendar days prior to the relocation.
(j) If an Animal Control Officer declares an animal as Dangerous which has already been declared Potentially Dangerous or Dangerous by another jurisdiction located outside of the County of San Mateo, the Owner of such animal must obtain and comply with a Dangerous Animal permit at least seven (7) calendar days prior to moving the animal into the County. The animal shall not reside in the County of San Mateo until the Dangerous Animal permit has been issued by the Animal Control Program and the Owner meets the conditions of said permit. (k) A permit issued under this section is subject to renewal annually. An annual inspection of the location where the animal resides will be performed by an Animal Control Officer. Inspections may occur at any reasonable hour and will occur at least annually. The fee for such permit and inspection shall be as set forth in section
6.04.350 of this Chapter. Fees shall not be refundable. If the registered Owner fails to pay the permit fee and/or comply with the requirements of the permit within ten (10) calendar days of the annual inspection date, the permit may be revoked and the animal may be impounded for appropriate disposition, as determined by an Animal Control Officer, peace officer, County contracted agency or City designee, including humane euthanasia.
(l) A Dangerous Animal designation is a designation that remains with that animal for its lifetime, unless terminated as provided by this subsection. A Dangerous Animal designation may be terminated if all of the following criteria have been met, as determined by an Animal Control Officer or peace officer and the Animal Control Program Manager and/or City designee:
(1) The Owner has complied with all Dangerous Animal Permit requirements for a period of three (3) years and the animal has not been found to have committed any violations of the requirements of the permit, or of this Chapter, or any other applicable animal control laws, for the duration of that period.
12 (2) The animal has remained current on all rabies or similar required vaccinations and has remained current on its licensing and paid all fees for the duration of the three (3) year period.
If an animal Owner disputes a finding that the Dangerous Animal designation will not be terminated, the animal Owner may request an administrative hearing to be held according to the procedures set forth in section 6.04.150 of this Chapter.
6.04.100 - Dangerous Animal Permit Requirements.
(a) Any Owner of a Dangerous Animal shall ensure compliance with the following rules and regulations which shall be mandatory requirements for any Dangerous Animal permit:
(1) When the animal is off the property of its Owner, ensure that the animal is not kept upon any unenclosed premise unless said animal is leashed and muzzled with a cage or basket muzzle, or any other muzzle approved by the Animal Control Officer. The leash shall not exceed four (4) feet in length and having a minimum tensile strength of 300 pounds and shall be under the direct control and supervision of the Owner or a Person of such age, size, and strength as can easily control such animal. Extraordinary care shall be taken by the Owner and/or Caretaker to ensure that such restraint is sufficient to control the animal in a manner which it will not endanger other Persons or animals.
(2) Ensure said animal is never kept on any unenclosed premises even if tethered, tied or staked.
(3) Ensure said animal is kept in a fenced yard, kennel, dog run or other enclosure, sufficient to prevent the escape of the animal or entry of young children, as approved by the Animal Control Officer or peace officer. An electric or invisible fence is not an acceptable means of enclosure for the purpose of this requirement.
(4) Maintain the animal so that it is not a threat to any mail carrier, sanitation worker, meter Person, or other Person who has the lawful right to enter the property.
(5) Ensure that all structures used to confine the animals are locked with a key or combination lock when such animals are within the fenced yard, kennel, run or enclosure.
(6) Regularly inspect the fenced yard, kennel, dog run or enclosure to ensure that it is secure to maintain the animal and keep young children out. (7) Allow inspections by any Animal Control Officer or peace officer at any reasonable hour of the premises or premises upon which the animal is maintained.
(8) Pay permit and property inspection fees as set forth in section 6.04.350 of
13 this Chapter within (10) ten calendar days of the permit issuance or renewal. (9) Obtain and post approved sign(s) from the Animal Control Program after payment of a non-refundable fee as set forth in Section 6.04.350 of this Chapter. Sign(s) shall be conspicuously posted in a manner visible to the public at all entrances to the property where the animal is kept, warning Persons of the presence of a Dangerous Animal as directed by the Animal Control Officer or peace officer. Such sign(s) must be surrendered in the event of the revocation of the permit, death of animal, or approved relocation of the animal.
(10) Advise all members who reside in the same household and on the same premises of the conditions established by the permit for keeping or maintaining said Dangerous Animal.
(11) Ensure said animal wears, at all times, a separate Dangerous Animal tag issued by the Animal Control Program in addition to complying with license requirements as defined in Section 6.04.040 of this Chapter. (12) Ensure said animal be microchipped and inform the Animal Control Officer with the microchip number within thirty (30) calendar days from the date the Dangerous Animal permit was issued.
(13) Within forty-five (45) calendar days from the date the Dangerous Animal Permit was issued, unless this period is extended by the Animal Control Program Manager or city representative at their sole discretion, said animal shall be spayed or neutered by a California licensed veterinarian, at Owner expense, and within those forty-five (45) days, the Owner shall also present written proof to the Animal Control Officer that the surgery was performed.
In the event an animal cannot be safely altered, due to a medical reason, the Owner shall present the Animal Control Program Manager and Animal Control Officer with a written request from a California licensed Veterinarian stating the medical reason(s) that the animal should not be altered. The County Health Officer or designee will approve or deny the request. If said request is denied, the animal shall be altered by a California licensed veterinarian within fifteen (15) calendar days from the date of notification that the request was not approved, and within those fifteen (15) calendars days provide such written proof to the Animal Control Officer that the surgery was performed.
(14) Notify an Animal Control Officer and the Animal Control Program Manager of the animal's death within twenty-four (24) hours and produce the animal's body for verification upon request.
(15) Notify an Animal Control Officer and the Animal Control Program Manager immediately in the event the animal becomes lost, stolen, or escapes from its fenced yard, kennel run, or enclosure. (16) Pay all reoccurring of additional fees within ten (10) calendar days of service of the invoice or annual permit. Non-payment of fee may result in
14 the permit being revoked unless a payment plan has been approved by the County or City.
(17) Comply with all other permit conditions or requirements imposed by an Animal Control Officer, peace officer, or hearing officer pursuant to this Chapter.
(18) Comply with all local and state laws regarding the care, use, control, and maintenance of animals.
(b) Any Owner of a Dangerous Animal shall ensure compliance with the following additional requirements, if directed to do so by an Animal Control Officer, peace officer and/or hearing officer:
(1) Prove financial responsibility by posting a bond or certificate of insurance for an amount of three hundred thousand dollars ($300,000) per animal within thirty (30) calendar days from the date of the Dangerous designation.
Bond or certificate of insurance will be provided to the Animal Control Program Manager annually prior to expiration of said bond or certificate. (2) Provide private behavioral and obedience training to the animal, at the Owner’s expense and within the time set forth by the hearing officer or an Animal Control Officer following the issuance of a Dangerous Animal permit. Proof of participation, a report of behavioral assessment, and/or a certificate of satisfactory completion from an animal behaviorist or organization approved by an Animal Control Officer shall be provided to the Animal Control Officer and Animal Control Program Manager within seven (7) calendar days following the completion of the mandatory training, but not more than ninety (90) calendar days from the date of the Dangerous designation.
(3) Comply with any other permit requirements determined to be reasonably necessary to protect the public’s health or safety and/or the health or safety of other animals.
(c) No more than two Dangerous Animals may be kept by any Person(s) at any one household, residence, business, or other location, without prior written approval of the designee of the appropriate jurisdiction.
6.04.110 - Revocation or Modification of Dangerous Animal Permit. (a) Any Dangerous Animal permit issued pursuant to this Chapter may be revoked or modified by the inclusion of additional requirements or otherwise, if the Animal Control Officer or peace officer has reasonable cause to believe any of the following to be true:
(1) The dangerous animal Owner or any Person to whom the Owner has given care, custody, or control of the animal has violated any local or state laws relating to the keeping, care or use of any animals.
15 (2) The Owner or any Person to whom the Owner has given care, custody, or control of the animal has violated any Dangerous Animal permit conditions, or any requirement imposed by the Animal Control Officer, peace officer, or hearing officer.
(3) The Owner or any Person to whom the Owner has given care, custody, or control changed the location of his/her residence or his/her place of business or sells, assigns, transfers, donates, leases, or otherwise disposes of the animal for which the permit was issued without first notifying an Animal Control Officer as outlined in Section 6.04.090
(4) The Owner or any Person to whom the Owner has given care, custody or control of the animal has changed the residence or premises where the animal is maintained without first complying with the guidelines set forth in Section 6.04.090
(5) The Owner or any Person to whom the Owner has given care, custody, or control of the animal is unable or unwilling to comply with the conditions of the Dangerous Animal permit.
(b) In the event that it is reasonably necessary to protect the public or an animal’s health and safety, the Animal Control Officer or peace officer may impound or cause to be impounded the animal while an investigation is taking place. (c) If, after investigation, the Animal Control Officer or peace officer concludes that there is probable cause to believe that one or more of the above conditions for revocation or modification of the permit has occurred, the officer shall deliver written notice of revocation or modification to the Owner. Said notice shall specify the grounds of revocation or modification of the permit. Should the Owner of the animal wish to contest the revocation or modification of the permit, the Owner may request an administrative hearing to be held before a hearing officer, as designated by the Animal Control Program Manager, within seven (7) calendar days of receiving the notice of revocation. Said administrative hearing date shall be not less than seven (7) calendar days or no more than (20) twenty calendar days after the date the request for hearing is received by the Animal Control Manager. The administrative hearing shall be conducted as set forth in section 6.04.150 of this chapter. The hearing officer conducting the hearing may either modify the terms of the permit or revoke the permit.
Any party to the hearing has the right to appeal the administrative hearing decision to the San Mateo County Superior Court by filing a Petition for a Writ of Administrative Mandate pursuant to California Code of Civil Procedure, Section 1094.5 and 1094.6.
(d) Upon written notice by the Animal Control Officer, peace officer, or hearing officer, if a hearing was held, if any modifications to a Dangerous Animal permit are made, the Owner shall immediately comply with such modified permit requirements.
16 (e) Upon written notice from an Animal Control Officer, peace officer or hearing officer of the revocation of a Dangerous Animal permit, the Owner of such animal shall within two (2) calendar days of such notification, surrender said animal to an Animal Control Officer. The Dangerous Animal shall be impounded and humanely euthanized unless the County designee or City designee has approved a different disposition. At the sole discretion of the appropriate City or County representative, such animal may be permanently removed from the County of San Mateo to another jurisdiction with written approval from that jurisdiction.
6.04.120 - Possession of Animals After Revocation of Dangerous Animal Permit.
No Person who has been determined to be in possession of or had Ownership of a Dangerous Animal for which a permit has been revoked under this chapter shall be granted any Dangerous Animal permit for a period of three years following such determination or revocation.
6.04.130 - Declaration of Vicious Animals.
(a) No Person shall keep, have, maintain, sell, trade, or let for hire an animal which has been designated as Vicious under the provisions of this Chapter. (b) If an Animal Control Officer and/or peace officer has investigated and determined that an animal is Vicious, the Animal Control Officer or peace officer shall deliver written notice of such determination to the Owner of the animal. Service of notice shall be made in accordance with section 6.40.260 subdivision (a) of this Chapter.
An Animal Control Officer and/or Peace Officer shall immediately impound the animal, or cause to be impounded, the animal according to the procedures set forth in Section 6.04.160 of this Chapter. The animal shall be deemed abandoned and shall be humanely euthanized unless the County designee or City designee has approved a different disposition or unless the Owner timely requests an administrative hearing.
(c) In determining whether an animal shall be designated Vicious, in addition to any other facts and circumstances of the incident(s), the applicable decision-maker may consider the following potentially mitigating factors.
(1) Whether at the time of the injury, attack or molestation, the Person or animal suffering the injury, attack, or molestation:
(i) provoked, tormented, teased, abused, or assaulted the animal, thereby causing or contributing to the alleged behavior
(ii) committed a willful trespass or other tort upon the private property of the Owner or Caretaker of the animal; and/or
(iii) threatened or committed an unjustified attack or assault against the Owner, Caretaker, or other Person in control of the charged animal.
The failure of the Owner or other Person in control of a victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor in any attack.
17 (2) Whether the Owner is willing and able to comply with the conditions of a Dangerous Animal permit, and whether the animal can be safely maintained on a Dangerous Animal permit considering the nature of the attack and cooperativeness and abilities of the Owner.
(d) The decision-maker may also consider, among any other relevant facts and circumstances, the following factors:
(1) whether any of the animals involved were previously deemed by any governmental jurisdiction as, "dangerous", "vicious", or any other similar designation, and/or the animal Owner’s prior compliance or lack thereof with any applicable Dangerous Animal permit requirements or this Chapter; (2) the attacking animal’s history of attacks, bites or threatening behavior; (3) whether the animal demonstrated such aggressive behavior that it is reasonable to conclude that the animal cannot be safely maintained with a Dangerous Animal permit; and
(4) whether the Owner is unable or unwilling to comply with the conditions of a Dangerous Animal permit.
(e) Should the Owner of the animal wish to contest the Vicious Animal designation, the Owner may request an administrative hearing to be conducted according to the procedures set forth in section 6.04.150 of this Chapter. The Owner shall submit a written request for a Vicious Animal hearing to the Animal Control Officer within seven (7) calendar days of the written notification by the Animal Control Officer and/or peace officer that the animal has been declared Vicious. (f) Should the Owner not submit a request for an administrative hearing within the required timeframe, the administrative hearing process shall be deemed waived, the Vicious Animal designation will be considered final for purposes of exhaustion of administrative remedies, and the animal will be subject to disposition by the Animal Control Officer, peace officer, or City or County designee. The Owner shall lose all rights of Ownership and control of the animal, and the animal will be subject to humane euthanasia, unless another disposition is deemed appropriate by a City and/or County designee, without further notice to the Owner. (g) The unwillingness of a victim or a particular witness to testify at a hearing shall not prevent designation of an animal as Vicious as long as sufficient evidence exists to support the designation.
(h) If after investigation, an Animal Control Officer and/or peace officer determines that the animal is not Vicious, the Officer will prepare a written decision upon request by any victim suffering physical injury or an Owner of a victim animal, either of whom may appeal that determination. Any victim suffering physical injury as a result of the attack, or Owner of a victim animal, may appeal the determination that an animal is not Vicious by submitting, within seven (7) calendar days of the service of the decision pursuant to section 6.04.260, a written request to the Animal Control Officer for an administrative hearing and paying the required
18 fee as set forth in Section 6.04.350 of this Chapter. The administrative hearing shall be conducted according to the procedures set forth in section 6.04.150 of this Chapter.
6.04.140 - Providing False Information.
It shall be unlawful for a Person to willfully and knowingly provide false or misleading information to Animal Control Program staff, including but not limited to an Animal Control Officer, peace officer, Animal Control Program Manager, and/or hearing officer regarding animal ownership, licensing, rabies vaccination, medical treatment and condition, and/or any other matter pertaining to the enforcement of state or local law.
6.04.150 - Administrative Hearing Procedures.
(a) Administrative hearings held under this Chapter shall be conducted by a hearing officer or designated representative appointed by the Director or designee of the San Mateo County Health Department. Any city contracting with the County for animal control services may elect to utilize the services of any San Mateo County designated hearing officer to conduct hearings on behalf of the city pursuant to that city's animal control ordinances. The hearings shall be scheduled no less than seven (7) calendar days and no more than fifteen (15) calendar days from the receipt of the request for the hearing unless the hearing officer finds good cause for continuance.
(b) The Animal Control Officer or peace officer conducting the investigation shall provide their investigation report and any evidence gathered by the officer to the Animal Control Program Manager or designee no less than 72 hours prior to said administrative hearing. The Animal Control Program Manager or designee will promptly provide the report to the parties to the case, including the Owner of the subject dog and the Owner of the victim dog.
(c) The administrative hearing shall be conducted in an informal manner consistent with due process of law. Any party may be represented by counsel. The parties may present relevant evidence including witnesses. The strict rules of evidence shall not be applicable. Any relevant evidence, including but not limited to hearsay evidence, may be admitted if it is the sort of evidence on which reasonable Persons are accustomed to rely on in the conduct of serious affairs. The hearing officer shall decide the matter based on preponderance of the evidence presented at the hearing.
The administrative hearing shall be recorded, and all documentary evidence submitted at the administrative hearing shall be preserved by the Animal Control Program Manager for a period of no less than two years. Any party may arrange for a court reporter to be present. Any party desiring the presence of a court reporter shall make all necessary arrangements and shall be responsible for payment of all costs.
(d) The hearing officer may exclude disorderly or disruptive Persons from the hearing or make other orders as necessary to ensure the fair and orderly conduct of the administrative hearing.
19 (e) The hearing officer may decide all issues for or against the Owner(s) of the involved animal(s) even if the Owner(s) fail to appear at the hearing. (f) Within seven (7) calendar days of the administrative hearing, the hearing officer shall render a written decision, which shall be final for the purposes of exhaustion of administrative remedies upon the date of mailing. The Animal Control Program Manager or designee shall mail the written decision and affidavit/certificate of mailing showing the date of mailing, on behalf of the hearing officer, by first class mail, postage prepaid. The decision will be mailed to the Owner of the alleged Dangerous or Vicious Animal, the victim or Owner of the victim animal, and the investigating Animal Control Officer or peace officer.
(g) If the animal is designated Dangerous, the Owner must apply for and obtain a Dangerous Animal permit as provided by this Chapter within seven (7) calendar days of the decision letter in order to maintain the animal and the Owner must comply with all mandatory Dangerous Animal permit rules and regulations as defined in section 6.04.120 of this Chapter. A hearing officer may impose additional permit requirements as set forth in this Chapter. (h) If the animal is designated Vicious, the Owner of such animal shall lose all rights of ownership and control of the animal, and the animal will be subject to humane euthanasia, unless another disposition is deemed appropriate by a City and/or County designee, without further notice to the Owner. An animal designated as Vicious will be held at the animal shelter for a minimum of seven (7) calendar days from the date of the hearing officer's decision, prior to any proposed euthanasia. (i) Unless the hearing officer for good cause otherwise determines, the party requesting the administrative hearing is liable for all costs related to such hearing. A determination by the hearing officer that the animal is not dangerous or vicious shall constitute good cause.
(i) Hearing officer decisions are appealable to the San Mateo County Superior Court by filing a Petition for Writ of Administrative Mandate pursuant to California Code of Civil Procedure, Section 1094.5 and 1094.6.
(k) The procedures and/or definitions pertaining to potentially dangerous and vicious dogs set forth in the California Food and Agricultural Code Chapter 9, beginning with section 31601, are not adopted and do not apply within San Mateo County. As authorized by Food and Agricultural Code section 31683, the County has adopted its own program for regulation of dangerous and vicious dogs as contained in this Chapter.
6.04.160 - Animals to Be Impounded.
(a) The Animal Control Program may impound any animal kept or found under conditions that constitute a violation of this Chapter or other state or local law. The animal's Owner shall be responsible for all costs incurred or fees applicable with respect to such impoundment and maintenance in the shelter.
20 (b) An Animal Control Officer or peace officer may impound or cause to be impounded an animal when there is reasonable cause to believe that such animal posed, or poses, a threat to the public’s health and safety, or the health and safety of another animal. The animal may remain impounded for a period not to exceed fifteen (15) calendar days in order to investigate, and to determine whether or not said animal is Dangerous or Vicious as defined by this Chapter. In calculating the fifteen (15) calendar days, the first day of impoundment is not included. If an animal is not impounded within fifteen (15) calendar days after an investigation began, the Animal Control Officer or peace officer shall make a determination whether or not the animal is Vicious or Dangerous and shall notify the Owner of said animal as soon as reasonably practical thereafter.
(c) Within twenty-four (24) hours of the impoundment of any animal, the impounding Animal Control Officer shall serve the Owner of the animal with notice of the impoundment.
(d) No impounded animal may be redeemed unless and until any required license fee and/or other applicable charges and fees have been paid. In the event such animal is not redeemed within the time set forth by State law, it shall be deemed abandoned and may be adopted, transferred to a rescue, or disposed of in the manner determined by the Animal Control Program. The Animal Control Program shall issue to the Owner or Person responsible of the care, custody, and control of said animal a receipt showing an itemized description and the amount of the fee(s) paid.
(e) The Animal Control Program shall keep a record of all animals impounded, which record shall include a description of the animal, the date of its receipt, the date and manner of disposal, the name of the Person redeeming, adopting, or purchasing, the fees, and/or charges related to the animal. Said records shall be kept for a period of seven (7) years.
6.04.170 - Stray Animals.
Any Person who finds or picks up a stray or lost animal shall report the same to the Animal Control Shelter within twenty-four hours thereafter and shall release such animal to the Animal Control Shelter upon demand.
6.04.180 - Epidemics.
The San Mateo County Health Officer may determine and declare that rabies or other contagious diseases are epidemic or that other health and safety hazards exist among dogs or other animals within the County. Upon the making of such a declaration, the Health Officer shall prepare and promulgate such orders, rules, and regulations as are necessary for appropriate control of all the animals concerned within the County. Said rules and regulations of the Health Officer may include, but are not limited to, impoundment, quarantine, vaccination, or destruction. It shall be the duty of the Animal Control Officers to assist the Health Officer in carrying out such rules and regulations.
21 6.04.190 - Bite Reporting Requirements.
(a) Any Owner or other Person who is responsible for the care, custody, or control of an animal that bites a human or other animal shall provide their name and current residence address and telephone number and shall present their driver's license or other form of identification and any information regarding any rabies vaccination for the biting animal to the person bitten or the Owner of the animal bitten. If the Person bitten is a minor, the Owner or Person in control of the biting animal shall provide the required information to the parent or guardian of the minor. (b) In addition to the above requirements, it shall be the duty of any Person having knowledge of any animal which has bitten a human being or other animal within the County to immediately, in no case later than the end of the next calendar day, report the bite to an Animal Control Officer or peace officer and to furnish as much information as possible, including date, time and location of bite, description of animal or Person bitten, name and license number of the biting animal, and rabies vaccination history of the biting animal.
6.04.200 - Administrative Citations.
(a) Should an Animal Control Officer, Humane Officer or peace officer determine that a Person has violated any provision this Chapter, that enforcement officer shall have authority to issue and serve notice of an administrative citation as set forth in section
6.04.260, to the Person violating the Chapter.
(b) Each administrative citation shall contain the following information:
(1) The name and address of the Owner or other Person to be cited. (2) The date(s) of the violation.
(3) The address or a specific description of the location where the violation occurred.
(4) The section, subsection, and/or provision of this Chapter violated by the Person cited and a description of that violation.
(5) A prohibition of the continuation or repetition of the violation described in the administrative citation.
(6) If applicable a description of the potential consequence(s) should the violation continue or be repeated.
(7) Either:
i) The amount of the administrative fine charged and to be paid by the Person cited as a result of the violation; or
22 ii) A notice to correct a certain violation within a reasonable time, and the amount of an administrative fine that may occur if the violation is not corrected or remedied by the date specified.
(8) A description of the procedure to pay the fine, to include the time period for and place of payment, and the process by which the County may collect any unpaid amount owed.
(9) A description of the administrative citation review process, including the time within which the administrative citation may be appealed and how to appeal the administrative citation, including any form to do so. (10) The name and signature of the citing Animal Control Officer, Humane Officer or peace officer or County designee.
(c) An administrative citation may be any format, including letter, which conveys the information set forth above.
6.04.210 - Appeal of Administrative Citation.
(a) A recipient of an administrative citation may contest the citation including, but not limited to, on the basis that the underlying violation did not occur, or that recipient is not the party responsible for the violation and thus was the improper recipient of the administrative citation. The recipient must contest the citation on the form provided by the Animal Program Manager or Animal Control Officer and file the appeal with the Animal Control Program Manager within twelve (12) calendar days from the date of service of the administrative citation. Any appeal not timely filed will be rejected.
(b) The appeal shall contain the following provided by the Person appealing the citation:
(1) The name, mailing address, and telephone number of the party requesting the appeal;
(2) A copy of the administrative citation or a reference number thereto; (3) A statement of the grounds for the contest, including a description of the evidence to be presented in support of the contest and copies of any statements or documents to be submitted at the hearing in support of the appeal.
(4) The signature of the appealing party;
(5) A deposit of the fine assessed as set forth in the citation(s), to be refunded if the appeal is successful.
(c) Should an appeal be properly and timely requested, the requesting party shall be provided a hearing before a hearing officer to be held pursuant to the procedures set forth in section 6.04.150 as applicable. The Animal Control Program shall notify
23 the Person requesting the appeal hearing of the time and place set for the hearing pursuant to section 6.04.260.
6.04.220 - Payment of Administrative Fines.
(a) In the absence of an appeal by the recipient of the administrative citation, the Person cited shall pay the administrative fine in full within thirty (30) calendar days from the date of service of the notice of citation. In the event of an appeal, after which the violation is upheld, if not already paid, the fine shall be paid in full within ten (10) calendar days after the date that the decision of the hearing officer was served on the recipient.
(b) Payment of any fine shall not excuse the failure to correct the violation, nor shall it bar further enforcement of the same or any similar violation or any other violation by any applicable means.
(c) Failure to pay any fines assessed within the guidelines set forth in this Chapter will result in a late charge pursuant to section 6.04.230, which will be collected by the Animal Control Program Manager.
6.04.230 - Amount of Administrative Fines.
(a) Any Person issued an administrative citation for a violation of, and pursuant to, this Chapter shall be assessed and pay a fine as follows:
(1) One hundred dollars ($100) for a first citation.
(2) Two hundred dollars ($200) for a second citation for the same violation within a one-year period.
(3) Five hundred ($500) for each additional citation for the same violation within a one-year period.
6.04.240 - Misdemeanor Violations.
(a) A Person violating any provision of this Chapter shall be guilty of an infraction except as otherwise specifically provided.
(b) A Person violating any provision of section 6.04.050, subsection (a) of section
6.04.090 or subsection (a) of section 6.04.130 of this Chapter shall be guilty of a misdemeanor.
(c) This section shall not limit any other available criminal, civil or administrative remedies. Any or all applicable remedies shall remain available for violation of the provisions of this Chapter.
6.40.250 - Violation of Chapter a Public Nuisance; Remedies Cumulative.
24 (a) Violation of this Chapter is a public nuisance subject to any and all applicable civil, administrative, and criminal remedies, according to the provisions and procedures set forth in this Chapter and other applicable state and local law. (b) This section is not intended to limit any other available criminal, civil or administrative remedies. Any or all applicable administrative, civil and /or criminal remedies shall be available for violation of the provisions of this Chapter. (c) Each day a violation continues shall constitute a separate violation.
6.40.260 - Service of Documents and Notices.
(a) Unless otherwise specified herein, the appropriate representative of the Animal Control Program shall provide any required notice or service of documents in the one of the following manners: (1) by personal delivery to the Person to be notified or served; or (2) by posting on the property at the address where the subject animal is licensed or the Owner of such animal resides; or (3) by depositing in the United States Mail, in a sealed envelope, first class postage prepaid, and addressed to such Person to be notified or served at their last-known business or residence address or as the same appears in the last equalized County assessment roll. Service by mail shall be deemed complete at the time of deposit in the United States Mail receptacle and shall include a declaration or affidavit of service which shall include notice of the date mailed. If agreed in writing by the Person to be served, notices or documents may be served electronically at the address provided by the Person to be served, to be effective upon being sent.
(b) Failure to receive any notice specified herein does not affect the validity of proceedings conducted hereunder.
6.04.270 - Field Return Fee.
A fee shall be charged for any animal impounded by a representative of the Animal Control Program and returned by an Animal Control Officer in the field to the Owner or Person who is responsible for the care, custody, or control of the animal. The fee charged shall be paid by the Owner or Person who is responsible for the care, custody, or control of said animal. Such fee shall be set forth in Section 6.04.350.
6.04.280 - Redemption and Spay/Neuter Fee.
(a) Upon redemption of any impounded unaltered animal, the Person responsible for the care, custody or control of any animal will be required to pay a spay or neuter fee in the amount of $100.00 in addition to the impound fees imposed under Section
6.04.350 of this Chapter. Such fee shall be refundable upon proof of spay and neuter of the animal within thirty (30) calendar days following the date of redemption. (b) Any unaltered animal impounded twice or more within a three-year period shall be altered at a cost to be paid by the Owner/Caretaker or person responsible for the care, custody, or control of said animal prior to redemption. At the option of the Owner/Caretaker or Person responsible for the care, custody, or control of said
25 animal, required spaying or neutering may be performed by a private veterinarian within thirty (30) calendar days.
(c) Any Owner or Caretaker of an impounded animal subject to mandatory spay/neuter under Subsection (b) of this Section may appeal this requirement by submitting a written request for an administrative hearing to the Animal Control Program Manager. The administrative hearing will be conducted according to the provisions of Section 6.04.150 of this Chapter.
(e) The Animal Control Program Manager may waive any County or City fee for County or City spay/neuter, vaccination or impoundment of an animal, if the animal is a feral or stray cat and the Person bringing the animal to the shelter agrees that the Person shall have no rights in the animal or any right to direct or control treatment or disposition of the animal by the Animal Control Program which will retain sole discretion in determining the disposition of the animal, which may include but not be limited to treatment and/or adoption, or euthanasia.
6.04.290 - Quarantine Fee.
A quarantine fee, as set forth in Section 6.04.350, shall be paid by the Owner or Caretaker of any animal involved, or potentially involved, in a bite. Such quarantine fee is in addition to any other fees charged set forth in Section 6.04.350 of this Chapter to recover costs incurred by the Animal Control Program for the sheltering and caring for the quarantined animal.
6.04.350 - Schedule of Fees and Charges.
This Section 6.04.350 sets forth the fees for the Animal Control Program and Licensing Program. No animal shall be released to its Owner, or other person responsible for the care, custody, or control of the animal, unless applicable fees have been paid.
Animal Control and Licensing fees and charges established by this code are as follows:
(a) License Fees
DOGS
Unaltered dog
1-year license $55.00
3-year license $160.00
Unaltered dog Senior Pet Owner (over 60 yrs.)
1-year license $23.00
3-year license $64.00
Altered dog
1-year license $25.00
3-year license $70.00
Altered dog Senior Pet Owner (over 60 yrs.)
26 1-year license $10.00
3-year license $25.00
Misc. dog fees
Late fee $20.00
Duplicate tag $10.00
CATS
Unaltered cat
1-year license $20.00
3-year license $55.00
Unaltered cat Senior Pet Owner (over 60 yrs.)
1-year license $12.00
3-year license $31.00
Altered cat
1-year license $8.00
3-year license $19.00
Altered cat/ Senior Pet Owner (over 60 yrs.)
1-year license $5.00
3-year license $12.00
Misc. cat fees
Late fee $7.00
Duplicate tag $5.00
(b) Redemption Charges
Type A & B (large or medium size animals — horses, cows, hogs, sheep, etc.) Impound cost $100.00
Board cost per day $30.00
Trailering cost (per use) $100.00
Type C (dogs, and cats)
Impound Costs — First Impound
Altered — licensed, wearing tag $40.00
Unaltered — licensed, wearing tag $65.00
Altered — unlicensed, no tag $55.00
Unaltered — unlicensed, no tag $85.00
Impound Costs — Second Impound
Altered — licensed, wearing tag $90.00
Unaltered — licensed, wearing tag $125.00
27 Altered — unlicensed, no tag $105.00
Unaltered — unlicensed, no tag $140.00
Impound Costs — Third Impound
Altered — licensed, wearing tag $135.00
Unaltered — licensed, wearing tag $155.00
Altered — unlicensed, no tag $155.00
Unaltered — unlicensed, no tag $180.00
Impound Costs — Fourth Impound
Altered — licensed, wearing tag $180.00
Unaltered — licensed, wearing tag $215.00
Altered — unlicensed, no tag $200.00
Unaltered — unlicensed, no tag $240.00
Impound Costs — Fifth Impound and up
Altered — licensed, wearing tag $225.00
Unaltered — licensed, wearing tag $260.00
Altered — unlicensed, no tag $245.00
Unaltered — unlicensed, no tag $285.00
Board charges (per day)
Altered — dogs/ $25.00
Unaltered — dogs/ $35.00
Altered — cats $16.00
Unaltered — cats $22.00
Type D (small size animals, e.g., birds, hamsters, or other) Impound cost $20.00
Board cost $10.00
(c) Surrender, Euthanasia and DOA (Dead on Arrival) Disposal Fees Dog — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Cat — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Rabbit/Small Animal
Surrender $40.00
Euthanasia $30.00
DOA Disposal $15.00
28 Litter of Three or more
Surrender $50.00
Euthanasia $40.00
DOA Disposal $20.00
Bird/Fowl
Surrender $20.00
Euthanasia $15.00
DOA Disposal $20.00
All Other Companion Animals (Reptiles, Amphibians, etc.) Surrender $25.00
Euthanasia $25.00
DOA Disposal $20.00
Farm Animals
Surrender $60.00
Euthanasia: Under 100 pounds $60.00
Over 100 pounds $125.00
DOA Disposal: Under 100 Pounds $30.00
Over 100 pounds $100.00
(d) Other Animal Control Fees
Quarantine Fee $60.00
Dangerous Animal Permit (DAP) Fee $300.00
DAP Inspection Fee $100.00
DAP Signage $15.00
Field Retrieval/Return Fee $40.00
Breeding Permit Fee $150.00
Fancier Permit and/or Exotic Pet Fee $100.00
Return Check Fee $25.00
Service Dog Application Processing Fee $50.00
(e) Miscellaneous Fee Provisions
(1) The Animal Control Program, and/or Licensing Program, may establish license discounts for recognized animal rescue organizations. (2) License fees include a one dollar ($1) annual surcharge on all licenses for the animal population trust fund.
(3) At the discretion of the Animal Control Program Manager, a payment plan for all fees outstanding may be permitted upon a showing of good cause. If a Person is in compliance with an agreed upon payment plan, their outstanding balance shall never be considered “nonpayment” as that term is used in this Chapter.
29 (4)The animal control fees for any animal related service not specified in this section shall be reviewed by the Chief of Health or their designee for reimbursement of costs. The Chief of Health or their designee shall have the authority to determine the fee charged for said services. The fee charged shall be paid by the Owner or Caretaker of the animal(s) for which said service(s) have been provided.
(5)Each calendar year, the Animal Control Program Manager shall designate one month as an amnesty period for payment of cat and dog license late fees and for compliance with section 6.04.020 of this Chapter, as provided herein. During the amnesty period, applicants for cat and dog licenses shall not be assessed any late penalty fee or any other penalty for failure to obtain such license or pay any applicable license fee, notwithstanding sections
6.04.040 and 6.04.350 of this Chapter.
(6)All revenue derived from the fees, fines, forfeitures, and penalties related to the enforcement of this ordinance shall be used to offset the cost of enforcement and administration of this Chapter.
(7)If the Animal Control Program Manager determines that payment of any fees by the Owner or Caretaker for an impounded animal would cause extreme financial difficulty to the Owner or Caretaker, and that it is in the best interests of the County to allow release of the animal upon these terms, the Animal Control Program Manager may, at their discretion, set up a payment plan or waive all or part of the fees incurred for the animal.
SECTION 3.Chapter 6.08, 6.12, 6.16, 6.20, 6.22, 6.24, and 6.28, are hereby repealed in their entirety.
SECTION 4. Severability. If any section, subsection, provision or part of this Ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this Ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this Ordinance are severable.
SECTION 5. Environmental Determination. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15378, that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a project as provided by the Act, in that it does not have a potential for resulting in a detrimental physical change in the environment, directly or ultimately, as provided in Title 14, Section 15378(a), and that it is also exempt under the definition of "project" in Section 15378(b)(3) in that it concern general policy and procedure making.
30 SECTION 6.Publication and Effective Date. Pursuant to the provisions of Government Code Section 36933, a summary of this ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary, and (2) post it in the City Clerk’s Office a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the City Clerk shall (1) publish the summary and (2) post in the City Clerk’s Office a certified copy of the full text of this ordinance along with the names of those City Council members voting for and against this ordinance or otherwise voting. This ordinance shall become effective on January 1, 2020.
Introduced this 22 nd day of January , 2024.
Passed and adopted as an Ordinance of the City of Daly City at a regular meeting of the City Council of the City of Daly City held on the day of , 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
MAYOR OF THE CITY OF DALY CITY