AVAILABILITY OF PUBLIC RECORDS:
All public record to an open session item on this agenda, whi ch 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
Special Meeting - CITY COUNCIL
AGENDA
Monday, June 3, 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/@DalyCityGov/streams, 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, June 3, 2024
PRESENTATIONS:
1. Proclamation - Jewish American Heritage Month, Jewish Community
2. Proclamation - Asian American, Native Hawaiian, and Pacific Islander Heritage Month, Myanmar Community
3. Proclamation - National Police Week May 12-18, 2024, Daly City Police Officers
4. Proclamation - Water Awareness Month, Daly City Water Wastewater Employees
5. Proclamation - Pride Month 2024
6. Fiscal Year 2025 Operating and Capital Improvement Program Budget Preview
APPROVAL OF MINUTES:
7. Regular Meeting of May 13, 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:
8. Authorize the City Manager to Approve a Purchase Agreement for a Jetter Truck Body and Related Equipment
9. Set Time and Place of Public Hearing – Notice of Intent to Lien Real Property (Set Hearing:
6/24/24)
10. Resolution of Intent to Adopt Appropriations Limitation (Gann Limit)
11. Authorize Call for Daly City Municipal Election on November 5, 2024 Consolidation with San Mateo County in the Presidential General Election and Request for Specified Election Services in Accordance with the Election Code of the State of California
Agenda – City Council
Monday, June 3, 2024
12. Authorize the City Manager to Renew the Service Agreement for Tree Maintenance Services with West Coast Arborist
13. Set Time and Place of the Public Hearing for Daly City’s National Pollutant Discharge Elimination System Program Regulatory Fee (Set Hearing: 6/24/24)
14. Set Time and Place of the Public Hearing for Proposed Turnkey Design-Build Energy Services Agreement (Set Hearing: 6/24/24)
15. Set Time and Place of the Public Hearing – Notice of Intent to Lien Real Property (Set Hearing: 6/24/24)
16. Re-Appointment of Daly City Bicycle-Pedestrian Advisory Committee Members
17. Authorize the City Manager to Execute Amendment No. 9 to Service Agreement for the Daly City Bayshore Shuttle
18. Consider Partnership with the Hui Tarava Tahitian Dance Company "Hui Fest Marché" at the Bayshore Community Center
19. Approve FY 2024-25 Project List for Road Maintenance and Rehabilitation Account Funds Authorized Under SB 1
20. Accept and Appropriate Title IIIC1 One-Time-Only Funds from the Aging and Adult Services of San Mateo County
21. Consider Partnership with the Peninsula Family Services Got Wheels! Program
22. Authorize Agreement with the Jefferson Elementary School District (JESD) for Cost Sharing of Crossing Guard Services through All City Management Services for School Year 2024/25
END OF CONSENT AGENDA
RESOLUTIONS:
23. Approve Exception to the 180-Day Waiting Period to Hire a CalPERS Retired Annuitant Teresa Abrahamsohn in Accordance with Government Code Sections 7522.56 and 21224
STAFF: Natalie Sakkal
RECOMMENDATION: Adopt Resolution by Roll Call Vote
24. A Resolution in Support of Peace and an End to the Humanitarian Crisis in Gaza
STAFF: Rose Zimmerman
RECOMMENDATION: Council Determination
Agenda – City Council
Monday, June 3, 2024
APPOINTMENTS: Board/Commission Membership Committee Appointments
REPORTS:
25. Council Committee
26. City Council
27. Staff
ADJOURNMENT:
Proclamation
Jewish American Heritage Month May 2024
WHEREAS,Jewish Americans have been an important part of the American story and have greatly contributed to all areas of American life and culture since our nation’s earliest days; and
WHEREAS,on April 20, 2006, the Federal Government proclaimed May as Jewish American Heritage Month, stating, “As a nation of immigrants, the United States is better and stronger because Jewish people from all over the world have chosen to become American citizens,” and, since then, proclamations in support of Jewish American Heritage Month have been made by Presidents of the United States annually; and WHEREAS,During Jewish American Heritage Month, communities across the United States hold events, lectures, exhibitions, cultural performances, film screenings, and other activities to celebrate Jewish American heritage and to educate the public about Jewish history, traditions, and achievements; and
WHEREAS,Jewish Americans connect to their Jewish identity in a variety of ways, such as culturally, ethnically, religiously and by following Jewish ethics and values; and WHEREAS,Jewish Americans are racially, ethnically, socially, politically, and economically diverse, with approximately 12-15 percent of Jews in the United States being individuals of color; and
WHEREAS,in the Bay Area, around 25 percent of Bay Area Jewish households include a person of color, and this increases to nearly 40 percent of households if the head of the household is younger than 35; and
WHEREAS,Daly City shares an obligation to condemn and combat antisemitism wherever it exists, to include Jewish Americans in all facets of civic life, and to stand with the Jewish American community against hatred or bigotry in our city and country.
NOW, THEREFORE, I, JUSLYN MANALO, Mayor, and members of the City Council of the City of Daly City, do hereby proclaim May 2024 as “Jewish American Heritage Month” in Daly City to celebrate Jewish Americans who contributed immeasurably to the fabric of American history, culture, science, education, and social justice, as well as observe this month with solemn remembrance.
Signed and sealed by the Mayor and City Council
of the City of Daly City this 3rd day of June 2024.
Juslyn Manalo, Mayor
Dr. Roderick Daus-Magbual, Vice Mayor
Pamela DiGiovanni, Councilmember
Teresa Proano, Councilmember
Glenn R. Sylvester, Councilmember
Proclamation
Asian American, Native Hawaiian, and Pacific Islander Heritage Month May 2024
WHEREAS,Asian American, Native Hawaiian, and Pacific Islander Heritage Month is a month to celebrate and pay tribute to the contributions of Asian Americans, Native Hawaiians, and Pacific Islanders to American history, society, and culture; and
WHEREAS,Asian American, Native Hawaiian, and Pacific Islander Heritage Month originated in a congressional bill in June of 1977. On March 28, 1979, President Carter issued Presidential Proclamation 4650, proclaiming the week beginning on May 4, 1979, as Asian/Native Hawaiian/Pacific American Heritage Week; and
WHEREAS,On May 1, 2009, President Obama issued Presidential Proclamation 8369 proclaiming May 2009 as Asian American and Pacific Islander Heritage Month; and
WHEREAS,Asian Americans, Native Hawaiians, and Pacific Islanders comprise many ethnicities and languages, and their many achievements embody the American experience; and
WHEREAS,Asian Americans, Native Hawaiians, and Pacific Islanders are leaders in all aspects of American life: government and industry, science and medicine, the arts and Armed Forces, education, and sports; and
WHEREAS,AANHPI’s are one the fastest growing ethnic populations in the nation with more than 20 million Asian Americans, Native Hawaiians, and Pacific Islanders in the United States—approximately 59,716 Asian Americans and Pacific Islanders live in the City of Daly City, which accounts for 58.2% of the population in the city.
WHEREAS,the Daly City community has benefitted through the cultural richness, diversity, and generosity of its local Asian Americans, Native Hawaiians, and Pacific Islanders with its vast diversity of languages, religions, and cultural traditions that continue to strengthen the fabric of American society.
NOW, THEREFORE, I, JUSLYN C. MANALO, Mayor, and members of the City Council of the City of Daly City, do hereby proclaim May 2024 as “Asian American, Native Hawaiian, and Pacific Islander Heritage Month” in Daly City to celebrate and pay tribute to the contributions of Asian Americans, Native Hawaiians, and Pacific Islanders to American history, society, and culture.
Signed and sealed by the Mayor and City Council
of the City of Daly City this 3rd day of May 2024.
Juslyn C. Manalo, Mayor
Dr. Rod Daus-Magbual, Vice Mayor
Pamela DiGiovanni, Councilmember
Teresa Proaño, Councilmember
Glenn R. Sylvester, Councilmember
Proclamation
NATIONAL POLICE WEEK
May 12th – 18th, 2024
WHEREAS, May 12 – 18, 2024 is National Police Week; and WHEREAS, Americans are served everyday by members of the law enforcement community. Their tireless sacrifice is an important element of what makes our communities safe and prosperous; and
WHEREAS, the 140 members of the Daly City Police Department, both sworn and non-sworn perform vital services to all members of our community. Their professional and skilled work provides a safe and inviting environment for those who choose to live, work, and play in Daly City; and WHEREAS, law enforcement is a perilous profession. We honor those who have made the ultimate sacrifice to keep our community safe. We also recognize the service of all former and retired members of the Daly City Police Department; and
WHEREAS, the members of the Daly City Police Department perform their duties in an ever-changing environment. Whether it be natural disaster or public health crisis, the Police Department adapts to the situation and its members perform their duties in an exemplary manner; and
WHEREAS, we thank the Daly City Police Department for performing their duties with dignity and respect. Their bravery and empathetic service acts as an inspiration to our community.
NOW THEREFORE, I, Juslyn C. Manalo, Mayor, and members of the City Council of the City of Daly City, do hereby proclaim May 12 – 18, 2024 as NATIONAL POLICE WEEK in the City of Daly City and commend law enforcement professionals from around the country as well as the sworn and non-sworn members of the Daly City Police Department.
Signed and sealed by the Mayor and City Council
of the City of Daly City, this 3
rd day of June 2024.
________________________________________
Juslyn C. Manalo, Mayor
________________________________________
Dr. Roderick Daus-Magbual, Vice Mayor
__________________________________________
Teresa G. Proaño, Councilmember
__________________________________________
Pamela DiGiovanni, Councilmember
__________________________________________
Glenn Sylvester, Councilmember
Proclamation
Water Awareness Month – May 2024
WHEREAS,water is a precious resource essential for all aspects of life, including human health, ecosystem sustainability, fire protection, agriculture, and economic development; and WHEREAS,clean and accessible water is not only crucial for our community's well-being but also plays a vital role in preserving our natural environment; and
WHEREAS,sustainable water management practices, including conservation and efficient use of water resources, are necessary to ensure a reliable and adequate water supply for present and future generations; and
WHEREAS,The City of Daly City through the North San Mateo County Sanitation District produces and delivers over 200 million gallons of recycled water to residents and businesses annually; and WHEREAS,raising awareness about water-related issues, such as water scarcity, pollution, and the importance of water conservation, can inspire individuals, businesses, and organizations to take action towards protecting and preserving our water resources; and
WHEREAS,educating our community members about the value of water and encouraging responsible water usage can help reduce water waste, lower utility costs, and contribute to a healthier and more sustainable future; and
WHEREAS,The City of Daly City recognizes the significance of promoting water awareness and fostering a sense of responsibility among its residents, businesses, and institutions to protect and conserve our local water resources; and
WHEREAS,during Water Awareness Month, the City of Daly City encourages all residents, businesses, schools, and community organizations to actively participate in activities and initiatives that promote water conservation, such as:
1. Organizing educational workshops, seminars, and public events to raise awareness about water- related issues and sustainable water management practices.
2. Distributing educational materials and resources to residents and businesses that provide tips and guidance on water conservation techniques.
3.Collaborating with local water utilities, environmental organizations, and educational institutions to develop and implement water conservation programs and initiatives.
4. Encouraging the use of water-efficient appliances, fixtures, and landscaping practices through incentives, rebates, or educational campaigns.
5. Engaging in community cleanup events to prevent water pollution and protect our local water bodies.
6. Encouraging schools and educational institutions to incorporate water conservation and sustainability into their curricula and activities.
NOW, THEREFORE, I, JUSLYN C. MANALO, Mayor, and the City Council of the City of Daly City, do hereby proclaim May 2024, as "WATER AWARENESS MONTH" in the City of Daly City and call upon all community members to join hands in preserving and protecting our precious water resources, and to make a conscious effort to adopt water-saving practices in their daily lives.
Signed and sealed by the Mayor and City Council
of the City of Daly City this 3rd day of June 2024.
Juslyn Manalo, Mayor
Dr. Roderick Daus-Magbual, Vice Mayor
Pamela DiGiovanni, Councilmember
Teresa Proano, Councilmember
Glenn R. Sylvester, Councilmember
Proclamation
PRIDE MONTH JUNE 2024
WHEREAS, the City of Daly City recognizes and proclaims the month of June 2024 as Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) “Pride Month” throughout Daly City; and
WHEREAS,the City of Daly City observes Pride Month annually with a Progress Pride flag raising ceremony to honor the history of the LGBTQ+ liberation movement and to support the rights of all citizens to experience equality and freedom from discrimination; and
WHEREAS, throughout history, LGBTQ+ individuals have faced discrimination, persecution, and violence simply for being who they are, and Pride Month serves as a reminder of the progress made toward equality and the work that remains to be done; and
WHEREAS, all human beings are born free and equal in dignity and rights. LGBTQ+ individuals have had immeasurable impact to the cultural, civic, and economic successes of our country; and
WHEREAS,the City of Daly City is committed to supporting visibility, dignity, and equality for LGBTQ+ people in our diverse community; and
WHEREAS,while society at large increasingly supports LGBTQ+ equality, it is essential to acknowledge that the need for education and awareness remains vital to end discrimination and prejudice; and
WHEREAS,this nation was founded on the principle that every individual has infinite dignity and worth, and the City of Daly City calls upon the people of this municipality to embrace this principle and work to eliminate prejudice everywhere it exists; and WHEREAS,celebrating Pride Month influences awareness and provides support and advocacy for Daly City’s LGBTQ+ community, and is an opportunity to take action and engage in dialogue to strengthen alliances, build acceptance, and advance equal rights.
NOW, THEREFORE, I, Juslyn C. Manalo, Mayor, and members of the City Council of Daly City hereby proclaim June 2024 as PRIDE MONTH, in the City of Daly City in support of the LGBTQ+ community and recognizing all LGBTQ residents whose influential and lasting contributions to our neighborhoods make Daly City a vibrant community in which to live, work and visit.
Signed and sealed by the Mayor and City
Council of the City of Daly City this 3rd day of
June 2024.
Juslyn C. Manalo Mayor
Dr. Roderick Daus-Magbual, Vice Mayor
Pamela DiGiovanni, Councilmember
Teresa G. Proaño, Councilmember
Glenn R. Sylvester, Councilmember
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MAY 13, 2024
--------------------------------
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/@DalyCityGov/streams to view the City Council meeting
The regular meeting was called to order by Mayor Manalo at 7:00 P.M.
ROLL CALL: Councilmembers Present:
Juslyn C. Manalo, Mayor
Roderick Daus-Magbual, Vice Mayor
Pamela DiGiovanni
Glenn R. Sylvester
Councilmember Absent:
Teresa G. Proaño
Staff Present:
Thomas J. Piccolotti, City Manager
Rose L. Zimmerman, City Attorney
K. Annette Hipona, City Clerk
Mayor Manalo recommended to move item #16 to the next meeting due to the lack of a full Council, noting Councilmember Proaño’s absence due to illness.
PRESENTATIONS:
Proclamation - Mental Health Awareness Month
(Yoko Ng, San Mateo County Behavioral Health Commissioner)
Anne Frank spoke about the trauma experienced by Jewish people which negatively affects mental health and urged others to stand up against antisemitism and anti-Zionism.
Proclamation - Older Americans Month
Proclamation - Hepatitis Awareness Month
(Richard So, SF Hep B Free Bay Area)
Manufou Liaiga-Anoa’i commended Lenna Malieitulua, a staff member of SF Hep B, as an unsung hero for providing selfless service. Malieitulua has engaged with Pacific Islander organizations in San Mateo and Alameda counties to bring awareness about the virus and testing to these communities.
Proclamation - National Public Works Week
(Richard Chiu, Public Works Director and staff of the Public Works Department)
Proclamation - National Teacher Appreciation Week, May 6-12, 2024
Proclamation – Nurses Appreciation Week, May 6-12, 2024 (Igor Mocorro, Philippine Nurses Association of Northern CA President, and fellow registered nurses Dion Ragudo Jr., Ila Romero Bansil, Shelly Sabado, Bernadette Murphy, Jay Melianio, Vicky Palomar, Pete Calixto, Evangeline Naredo)
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MAY 13, 2024
2 APPROVAL OF MINUTES:
Regular Meeting of April 22, 2024
It was moved by Vice Mayor Daus-Magbual, seconded by Mayor Manalo and carried to approve the minutes of April 22, 2024. Councilmember DiGiovanni abstained due to her absence from that meeting.
APPROVAL OF AGENDA:
Mayor Manalo continued item #16 to the next City Council meeting of Tuesday, May 28, due to the lack of a full Council. City Attorney Zimmerman clarified the item as a general resolution that does not require to have a motion for continuance.
It was moved by Councilmember DiGiovanni seconded by Vice Mayor Daus-Magbual and carried to approve the agenda.
PUBLIC APPEARANCES/ORAL COMMUNICATIONS:
Mayor Manalo provided direction for public comment to have a one-minute time for each speaker.
The following speakers urged the Council to pass a resolution in two weeks calling for an immediate bilateral ceasefire in Gaza and to follow suit of neighboring cities that have passed ceasefire resolutions. Individuals spoke about the genocide happening in Gaza for the past 7 months and saw the resolution as a symbolic stance for humanity, a call for peace, and a show of solidarity for the people of Gaza as well as Daly City’s Palestinian constituents. People advocating for the ceasefire resolution spoke about the trauma and suffering caused by the genocide, the staggering number of lives lost, mass starvation in Gaza, and the urgent need for free flow of humanitarian aid into the area. Individuals denounced the amount of US funding going to Israel and the increase of anti-Muslim hate in the US, noting that a bilateral ceasefire resolution would be a step in the right direction being that this is both a global and local issue.
Glenn Donna Sami
Jacqi Abby Ahmee
Isaac Christine Musa Tariq (CAIR-SFBA)
Angelica Sam Hibah
Manufou Liaiga-Anoa’i Alby Amber
Nichole (Anakbayan) Stephanie Jay Katt
Rami Natalie Ari
Pat Rica Justin
Leyla Nick Occhipinti Fernando
Aseel Elaine (Anakbayan) DeVante
Jomari, Anakbayan Steve Inas
Elisha Chad Priscilla
Lulu Umaya Ameena
Reno Anoa’i Jeannel (GABRIELA) Gina Yen
Ed Russ Chris
Hesham Kam
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MAY 13, 2024
3 The following speakers were opposed to passing a resolution calling for a ceasefire and urged the Council not to get involved in international matters which are outside of their purview and to vote “No” on the resolution in two weeks’ time. Individuals were opposed to a ceasefire resolution, calling it one- sided and bigoted, citing the increase of antisemitism and fears for safety amongst Zionist members of the Jewish community, and pointing out that Israel is merely defending itself against Hamas. Some speakers stated the numbers of those killed in Gaza have been exaggerated, while others denied the occurrence of a genocide in Gaza. A few speakers expressed support for a resolution that denounces and eliminates Hamas, or one that recognizes the legitimacy of Israel.
Jonathan Mintzer Matthew F Susan George
Tevel Matas Ester Sarit
Elena Fernandez Liat Dremer Melinda
Joshua Parker Hanna Senesh Yaroslav Vinogradsky
Anna Frank Josh P Inga
Eretz Yitrael
CONSENT AGENDA:
It was moved by Vice Mayor Daus-Magbual, seconded by Councilmember Sylvester and carried by roll call vote to approve the consent agenda.
Resolutions:
Set Time and Place of the Public Hearing for Daly City’s National Pollutant Discharge Elimination System Program Regulatory Fee (Set Hearing: 6/10/24)
Resolution 24-66, Setting Time And Place Of Public Hearing Re: Maintaining Adopted Regulatory Fees Necessary To Fund Local Specific Program Activities Mandated Under The Municipal Regional Stormwater NPDES Permit, And Requesting San Mateo County To Collect Such Fees
Approve Exception to the 180- Day Waiting Period to Hire a CalPERS Retired Annuitant Teresa Abrahamsohn in Accordance with Government Code Sections 7522.56 and 21224
Resolution 24-67, Authorizing The Post-Retirement Employment Of Teresa Abrahamsohn As An Assistant To The Director Of Human Resources Sooner Than 180 Days After Retirement
Authorize the City Manager to Approve a Purchase Agreement for a Truck Mounted PB Loader and Dump Body
Resolution 24-68, Approving A Purchase Agreement With Municipal Maintenance Equipment, Inc. For The Purchase Of A 2025 PB Loader
Set Time and Place of Public Hearing - Notice of Intent to Lien Real Property (Set Hearing: 6/10/24)
Resolution 24-69, Setting Time And Place Of Hearing Re: Notice Of Intent To Lien Real Property (Hearing Date: June 10, 2024, Time: 7:00 P.M.)
Check Registers:
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MAY 13, 2024
4 Check Registers for the Month of April 2024
END OF CONSENT AGENDA:
PUBLIC HEARINGS:
Proposed Increases and Updates to the Master Fee Schedule
Director of Finance and Administrative Services Tim Nevin provided the staff report on fee increases and fee updates, and addressed questions on the proposed Master Fee Schedule.
It was moved by Councilmember DiGiovanni, seconded by Councilmember Sylvester and carried to open the hearing. There were no speakers.
It was moved by Councilmember Sylvester, seconded by Vice Mayor Daus-Magbual and carried to close the hearing.
It was moved by Councilmember Sylvester, seconded by Vice Mayor Daus-Magbual and carried by unanimous roll call vote to adopt the following resolution:
Resolution 24-70, Approving Proposed Increases And Updates To The Daly City Master Fee Schedule
Approval of Benefit Assessments for Linda Vista Area for Fiscal Year 2024-25
Director of Public Works Richard Chiu provided the staff report including the proposed assessments for the Linda Vista Detention Basin and Bay Ridge Detention Basin and the projected revenue.
It was moved by Councilmember Sylvester, seconded by Vice Mayo r Daus-Magbual and carried to open the hearing. There were no speakers.
It was moved by Councilmember Sylvester, seconded by Vice Mayor Daus -Magbual and carried to close the hearing.
It was moved by Councilmember DiGiovanni , seconded by Councilmember Sylvester and carried by unanimous roll call vote to adopt the following resolution:
Resolution 24-71, Approving Engineer’s Report And Imposing A Benefit Assessment For Fiscal Year 2024-2025
City's HUD Consolidated One-Year Action Plan for Fiscal Year 2024-25
Housing Manager Betsy ZoBell provided the staff report on CDBG and HOME fund allocations from the federal government and highlighted how the funds will be used by reviewing the City’s One-Year Action Plan.
It was moved by Vice Mayor Daus- Magbual, seconded by Councilmember Sylvester and carried to open the hearing.
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MAY 13, 2024
5 Miguel Chavez, LifeMoves-Family Crossroads Program Director, spoke about the organization’s services for residents including providing shelter, meals and other essential services for up to 42 family members every night coupled with intensive case management , and highlighted their goals and achievements.
It was moved by Vice Mayor Daus- Magbual, seconded by Councilmember Sylvester and carried to close the hearing.
It was moved by Mayor Manalo, seconded by Vice Mayor Daus- Magbual and carried by unanimous roll call vote to adopt the following resolution:
Resolution 24-72, Approving The City’s One-Year Action Plan For Fiscal Year 2024-2025 (July 1, 2024, Through June 30, 2025)
REPORTS:
Council Committee
San Mateo County Mosquito and Vector Control District (Sylvester) City County Association of Governments (Manalo)
City Council
Mayor Manalo noted the acknowledgement of National Library Week, Fair Housing Month, Arab American Heritage Month and Wildfire Preparedness Month during the last month. Manalo reported on the following events: a behind the scenes tour at City Hall provided for Ben Franklin Intermediate School students, thanking staff for their coordination; the Daly City Youth Poet Laureate commencement at City Hall hosted by the DCPLA, congratulating 2024-25 Youth Poet Laureate Maxwell Espinola, first runner- up Julian Ozaeta, and all the finalists; the celebration to honor hip-hop legend Mixmaster Mike who received the Key to the City from Mayor Manalo; the Daly City Colma Chamber event honoring 60 graduating seniors with scholarship awards; the inaugural celebration of legacy businesses during Small Business Week with honorees Westlake School for the Performing Arts, Auto Sound Performance, and Fil-Am Cuisine with a performance by Vice Mayor Daus-Magbual’s daughter; the Earth Day events including a Top of the Hill clean-up and free recycling services, thanking the volunteers and staff; the When Everyone Leads training event to learn about open and collaborative leadership and also attendees Sheriff Corpus, Mayor Coleman, and Councilmember Bier; the Just Between Friends wellness event at the Cow Palace acknowledging Fire and Police staff attendance; the Senior Health and Wellness event at Doelger Center congratulating the Recreation staff, Phyllis Rizzi, and the Age-Friendly Task Force, and the Health and Wellness Fair at Pacelli Gym. Manalo noted upcoming celebrations and events in the following month: Asian American, Native Hawaiian and Pacific Islanders Heritage Month, Jewish Heritage Month, Assemblymember Ting’s Budget Town Hall on May 16; Shine Family Day in collaboration with PIT and Daly City on May 19; North County Fire Authority and Daly City Police Department’s Wildfire Awareness Event on May 20; the Memorial Day event at War Memorial Center on May 23; the annual Progress Pride flag-raising event on June 7; the Daly City Youth Committee’s 2nd annual Children’s Day celebration on June 8; the 10th anniversary Philippine flag-raising event with PBRC on June 14; and the Arts and Culture Commission’s art exhibit at City Hall featuring the work of Chris Gray on May 14.
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MAY 13, 2024
6 Vice Mayor Daus-Magbual thanked staff, the Small Business Commission and the Daly City Colma Chamber of Commerce for putting together the inaugural celebration at City Hall which honored its legacy small businesses.
Councilmember DiGiovanni acknowledged the following: the inaugural celebration from the Small Business Commission to honor businesses, the Senior Wellness Event, thanking the Recreation staff for their work, and the scholarship awards event to honor Jefferson Union High School students.
Staff
City Manager Piccolotti noted the green lighting decorating City Hall will be up during the entire month of May to commemorate Mental Health Awareness Month.
ADJOURNMENT:
Mayor Manalo adjourned the meeting at 10:29 PM in memory of Arturo Manalo Manalo.
Approved as submitted, this 28th
City Clerk
day of May , 2024.
Juslyn C. Manalo
Mayor
City Council Agenda ReportItem # _____
Meeting Date: June 3, 2024
Subject: Authorize the City Manager to Approve a Purchase Agreement for a Jetter Truck Body and Related Equipment
Recommended Action
Staff recommends that the City Council authorize the City Manager, or his designee, to execute a purchase agreement with National Auto Fleet Group for the purchase of a Jetter Truck Body and related equipment for the Department of Water and Wastewater Resources in the amount of $228,540, including sales tax.
Discussion
The Jetter truck body and related equipment will be installed on a new Ford F-650 chassis that the City acquired earlier this year. The Jetter truck provides staff with the ability to efficiently clean sewer pipes with a high-pressure water hose that will dislodge buildup and debris within the sewer pipe.
The Jetter truck will replace a unit that is twelve (12) years old and has reached the end of its life cycle. The replacement of the Jetter truck will add reliability to an important element of the Department of Water and Wastewater Resources sewer pipeline cleaning program.
The California Government Code authorizes public agencies to participate in cooperative purchasing programs, like those established by Sourcewell, while still adhering to the City's Municipal Code for the procurement of supplies, vehicles, and equipment. In this case, National Auto Fleet Group through a bid with Sourcewell is able to provide the equipment we are seeking at a competitive price so that the City can achieve the benefits of a competitive bid without the additional costs and delays associated with the standard process.
Fiscal Impact
Sufficient funds to purchase the Jetter Truck Body and related equipment in the amount of $228,540 is available in the Fiscal Year 2023-2024 Motor Vehicle Replacement Fund Account 51-315-453- 4558.
Summary/Conclusion
Staff recommends that the City Council authorize the City Manager, or his designee, to execute a purchase agreement with National Auto Fleet Group for the purchase of a Jetter Truck Body and related equipment for the Department of Water and Wastewater Resources in the amount of $228,540, including sales tax.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Authorize the City Manager to Approve a Purchase Agreement for a Jetter Truck Body and Related Equipment Meeting Date: June 3, 2024
Respectfully submitted,
Jeffery W. Fornesi Richard Chiu, Jr.
Assistant to the Director of Public Works Director of Public Works Attachments:
1. Sourcewell: National Auto Fleet Group Jetter Body Quote ID 165455NC
City Council Meeting Agenda Report Item # _____
Meeting Date: June 3, 2024
Subject: REVISED: SET TIME AND PLACE OF PUBLIC HEARING – NOTICE OF
INTENT TO LIEN REAL PROPERTY
Recommended Action
On May 13, 2024, the City Council set the time and place for a public hearing for June 10, 2024, at 7:00 p.m. – Notice of Intent to Lien Real Property.
Due to the cancellation of the regularly scheduled council meeting on June 10, 2024, it is recommended that the City Council change the set time and place for a public hearing to June 24, 2024, at 7:00 p.m. – Notice of Intent to Lien Real Property.
Background
On June 25, 2012, the City Council entered into an agreement with the County of San Mateo to impose lien assessments on real property for unpaid Business License rental property taxes. This agreement was approved by Resolution No.12- 99. Daly City Municipal Code, Chapter 5.16.050 requires that all commercial and residential real property pay a license tax based on the gross rental income collected.
Summary/Conclusion
Staff recommends that the City Council set Ju ne 24, 2024, at 7:00 p.m. as the new date and time for a public hearing – Notice of Intent to Lien Real Property.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Tim Nevin
Director of Finance and Administrative Services
City Council Agenda ReportItem # _____
Meeting Date: June 3, 2024
Subject: Resolution of Intent to Adopt Appropriations Limitation (Gann Limit) Recommended Action
Approve Resolution of Intent to adopt the City’s annual Appropriations Limitation (Gann Limit).
Background
As required by Article XIIIB of the State Constitution (Proposition 111, or the Gann Amendment), the City Council is required to adopt an annual appropriations limitation. This resolution establishes the City’s intent to adopt the Appropriations Limitation for Fiscal Year 2024-25.
Discussion
Adoption of the Appropriations Limitation will be requested at the City Council Meeting on June 24, 2024. At the time, the Department of Finance and Administrative Services will provide the calculations of proceeds of taxes and appropriations limit based on our estimates for the upcoming fiscal year. This information will be available for public inspection beginning Friday, June 7, 2024 on the City’s website at www.dalycity.org.
Appropriate notice will be posted by the Department of Finance and Administrative Services regarding the availability of the documentation.
Staff is available to provide any additional information desired by the Mayor or City Councilmembers.
Respectfully submitted,
Timothy J. Nevin
Director of Finance and Administrative Services
City Council Meeting Agenda Report Item # _____
Meeting Date: June 3, 2024
Call for Daly City Municipal Election on November 5, 2024 Consolidation with San Mateo County in the Presidential General Election and Request for Specified Election Services in Accordance with the Election Code of the State of California
Recommended Action
Approval to call for a November 5, 2024 Municipal Election for the following Elective Offices:
Member of the City Council (Full term of Four Years)
Member of the City Council (Full term of Four Years)
City Clerk (Full term of Four Years)
City Treasurer (Full term of Four Years)
Member of the City Council (Partial term of Two Years); and
Approval to request consolidation with San Mateo County in the Presidential General Election of November 5, 2024 and to render specified Election Services in accordance with the Election Code of the State of California.
Background
On February 26, 2024, the Daly City Council approved Resolution 24- 34, calling for a special election for the election of a City Council Member to fill a vacancy for the remainder of the vacated term as required by provisions of Daly City Municipal Code Section 2.04.060. 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 ninety dates from the call of the special election.
In prior elections, the Daly City Council has approved Consolidation of Municipal Elections with the County of San Mateo General Elections and requested that San Mateo render Specified Election Services in accordance with the Election Code of the State of California. The advantage of consolidating elections with the County includes lower costs for charges tallied on a shared -basis using actual expense.
Fiscal Impact
Funds have been requested in the 2024/2025 Fiscal Year Election Fund (# 01- 020-020-4256). The cost fo r services rendered by the San Mateo County Elections Office for the 2022 consolidated election was $138,023.70.
Conclusion
The County of San Mateo requires a Resolution for action by the Board of Supervisors at an upcoming Board Meeting. Staff is available to provide any additional information requested by the Mayor or City Council Members.
Respectfully submitted,
K. Annette Hipona
City Clerk
City Council Meeting Agenda ReportItem # _____
Meeting Date: June 3, 2024
Subject: Authorize the City Manager to Renew the Service Agreement for Tree Maintenance Services with West Coast Arborist
Recommended Action
Staff recommends that the City Council authorize the City Manager, or his designee, to renew the tree maintenance service agreement with West Coast Arborist (WCA) for an additional two years ending June 30, 2026.
Discussion
West Coast Arborist has been the established tree maintenance contractor for Daly City since 2015.
The current service agreement began on July 1, 2022, and is a “piggy-back” agreement that West Coast Arborist had with the City of Burlingame. The agreement is based upon unit prices for tree maintenance service that includes grid pruning, specialty trimming, tree planting, tree and stump removal, emergency response and professional arborist services.
West Coast Arborists hosts the City’s current tree inventory through their Arbor Access database and updates maintenance records of approximately 7,200 City-owned trees, with an estimated value of $19,473,450. The availability and use of Arbor Access software makes West Coast Arborist’s services unique and the only tree maintenance contractor that can provide the service level desired by Daly City.
The current agreement with West Coast Arborist expires June 30, 2024. West Coast Arborist has offered to extend the City’s current service agreement for two additional years under the same terms, conditions, and unit pricing. Staff recommends exercising the option to renew, which will secure the current price schedule for tree maintenance services for two additional years.
The service agreement with West Coast Arborist provides tree maintenance services on an as needed basis, including tree removal, stump grinding, and planting.
Fiscal Impact
Funding in the amount of $175,000 for tree maintenance service is included in the Parks Maintenance annual operating budget.
Summary/Conclusion
Staff recommends that the City Council authorize the City Manager, or his designee, to renew the tree maintenance service agreement with West Coast Arborist for an additional two years ending June 30, 2026.
Tree Maintenance Service Agreement with West Coast Arborist for FY 2025E and FY 2026E Meeting Date: June 3Page 2 of 2
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Jeffery W. Fornesi Richard Chiu, Jr.
Asst. to the Director of Public Works Director of Public Works Attachments: Extension Letter: WCA Tree Serv Agreement FY2025E & FY2026E
• Tree·Care Professionals Serving Communities Who .Care About Trees . April 1, 2024
City of Daly City
Department of Public Works
ATTN: Jeff Fornesi, Public Works Superintendent
792 Niantic Ave.
Daly City, CA 94014
RE: Tree Trimming Services Agreement - Fiscal Year 2024-2025 www.WCAINC.com
Dear Mr. Fornesi,
As the current fiscal year draws to a close, West Coast Arborists, Inc. wishes to extend our appreciation to you and your team for yet another successful year of collaboration. Together we have worked diligently to ensure that the City's urban forest continues to thrive.
The purpose of this letter is to formally express our interest in extending our existing Tree Maintenance Agreement for an additional two years, under the same terms, conditions, and unit pricing.
By maintaining these rates, we can help to ease the current financial strain, promote contractor stability and guarantee the City with quality tree care & customer service.
Thank you in advance for your consideration. We look forward to continuing the strong relationship built between us, and to maintaining quality urban tree care service. Should you have any questions or require additional information, please contact me at (800) 521-3714.
Sincerely,
Victor M. Gonzalez
Vice-President, Business Oevelopme'nt •
West Coast Arborists, Inc.
2200 E. Via Burton Street • Anaheim, CA 92806 • 714.991.1900 • 800.521.3714 • Fax 714.956.3745
City Council Agenda Report Item #
Meeting Date: June 3, 2024
Subject: Setting the Time and Place of the Public Hearing for Daly City’s National Pollutant Discharge Elimination System Program Regulatory Fee Recommended Action
It is recommended the City Council set a new time and place of a public hearing for 7:00 p.m., June 24, 2024 to review the local National Pollutant Discharge Elimination System (NPDES) Stormwater Regulatory Fee.
Background
The San Francisco Regional Water Quality Control Board reissued a consolidated Bay Area Municipal Regional Permit (MRP) in May of 2022. The permit conditions mandate numerous and costly municipal stormwater management activities over the following five years. The City/County Association of Governments continues to administer the General Program components. Each municipality is responsible for achieving specific program activities and filing an annual report on city specific and county-wide compliance activity. The City first established a stormwater fee in 1995 several years after the NPDES regulatory program was initially established in 1991 in order to finance the many new municipal activities required under to comply with this program.
Discussion
Since 1995, Daly City utilized the regulatory fee structure adopted in Ordinance No. 1219 to finance local specific activities to comply with mandated Stormwater Program requirements. This fee structure has not been amended or increased at any time in the past 28 years. This fee structure remains as follows for each Assessor Parcel Number:
Single Family/Duplex $9.80 Multi-Family (11-20 units) $36.76 Unimproved Land $4.90 Commercial/Retail/Manufacturing $56.84 Multi-Family (3-10 units) $19.60 Condominiums $4.90 On an annual basis, this local fee generates approximately $470,000. Its structure is based on the correlation between parcel size, land use and stormwater runoff, with the base fee assigned to single family/duplex parcels as they are the City’s predominant land use. To allocate costs proportionately, all other categories of use are assigned a factor compared to single family/duplex and take into account street frontage, impervious surface coverage and vehicle trips.
From its prior action, the City Council already authorized continued use of the San Mateo County Flood Control District to collect charges associated with the Countywide NPDES General Program.
Staff is available to provide any additional information desired by the Mayor or City Council members.
Setting Public Hearing: NPDES Local Program Regulatory Fee Meeting Date: June 3, 2024
Respectfully submitted,
Sibely Calles Richard Chiu, Jr.
Senior Management Analyst Director of Public Works
City Council Agenda Report Item #
Meeting Date: June 3, 2024
Subject: Setting the Time and Place of the Public Hearing for Proposed Turnkey Design- Build Energy Services Agreement
Recommended Action
It is recommended the City Council set the time and place of a public hearing for 7:00 p.m., June 24, 2024 to review a proposed turnkey design-build energy services agreement with Syserco.
Discussion
In alignment with California Code 4217.10, which reads “To help implement the policy set forth in Section 25008 of the Public Resources Code, and to extend that policy to facilities of local governments, public agencies may develop energy conservation, cogeneration, and alternate energy supply sources at the facilities of public agencies in accordance with this chapter” and Daly City's climate action plan, “The Daly City Green Vision – TEN for TWENTY”, the proposed agreement improvements will aid with energy conservation to help reduce energy use and our carbon footprint.
Improvements included in the agreement are lighting and heating, ventilation, and air conditioning (HVAC) upgrades as well as installation of photovoltaic (PV) technology at Fire Station 93, 464 Martin Street, Daly City, CA 94014.
Summary/Conclusion
Staff recommends that the City Council set the Public Hearing for 7:00 p.m. on June 24, 2024 for Proposed Turnkey Design-Build Energy Services Agreement to determine that the requirements of CA Government code 4217.10 are duly met.
Staff is available to provide any additional information desired by the Mayor or City Council members.
Respectfully submitted,
Jeffery W. Fornesi Richard Chiu, Jr.
Asst. to the Director of Public Works Director of Public Works
City Council Agenda Report Item #
Meeting Date: June 3, 2024
Subject: Setting the Time and Place of the Public Hearing – Notice of Intent to Lien Real Property
Recommended Action
Staff recommends that the City Council set the time and place of a public hearing on June 24, 2024 at 7:00pm – Notice of Intent to Lien Real Property.
Background
According to the Streets and Highways Code of the State of California, property owners are responsible for maintaining sidewalks abutting their property in such a condition that sidewalks will not endanger persons nor interfere with the public convenience.
Daly City Municipal Code Section 12.16.030 states “The owner required by Section 12.16.020 to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a safe and non-dangerous condition as required by Section 12.16.020, a person who suffers injury to or damage to person or property, the owner shall be liable to such person for the resulting damage or injury.” If the property owner does not perform the needed maintenance and repairs, the City may complete the work and, per Section 12.16.100 of the Daly City Municipal Code, place a lien on the property to recover the cost.
Summary/Conclusion
Staff recommends that the City Council set June 24, 2024, at 7:00 p.m. as the date and time for a public hearing – Notice of Intent to Lien Real Property.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Sibely Calles Richard Chiu, Jr.
Senior Management Analyst Director of Public Works
City Council Agenda ReportItem # _____
Meeting Date: June 3, 2024
Subject: Re-Appointment of Daly City Bicycle-Pedestrian Advisory Committee Members
Recommended Action
Staff recommends that the City Council approve the re-appointment of Rachel Goodman, Henry Martinez, Natasha Opfell and Alan Uy to a two-year term on the Daly City Bicycle-Pedestrian Advisory Committee (DC-BPAC) expiring on June 30, 2026.
Background
The Daly City Bicycle/Pedestrian Advisory Committee meets quarterly to review proposed pedestrian/bikeway improvement projects, project funding applications and to provide input on existing roadway/bikeway conditions affecting pedestrian and cycling activities in Daly City.
Meetings are typically held quarterly the first Wednesday of January, April, July and October at City Hall. The members are appointed for a renewable two-year term. Existing and past members included bicycle and walking enthusiasts, students, workers and commuters. Volunteers must live or work in Daly City to serve on the DC-BPAC. The Bicycle/Pedestrian Advisory Committee is supported by Public Works Engineering Division personnel who prepare meeting agendas and reports for the committee’s consideration.
The DC-BPAC bylaws approved in December of 2002 established a seven member committee with the terms for the first half of the members expiring on an even number year and the terms for the remaining half of the members expiring on an odd number year.
Discussion
The Committee consists of up to seven (7) voting members approved by the City Council. Current members include:
Member Term Expiration
Rachel Goodman June 30, 2024
Henry Martinez June 30, 2024
Natasha Opfell June 30, 2024
Alan Uy June 30, 2024
Melinda Hue June 30, 2025
Kathleen Gilbert June 30, 2025
Fernando Montanes June 30, 2025
Re-Appointment of Daly City Bicycle-Pedestrian
Advisory Committee Members
Meeting Date: June 3, 2024
Staff recommends the re-appointment of Rachel Goodman, Henry Martinez, Natasha Opfell and Alan Uy to a two-year term expiring on June 30, 2026.
Rachel Goodman works as a contract manager in San Francisco and was previously involved with WalkSF, an organization involved with making streets safer to walk for everyone who lives, commutes or visits San Francisco. She has been a Daly City resident for ten (10) years and is interested in making streets safer for everyone to walk. She was initially appointed to the DC-BPAC in January 2019.
Henry Martinez is a part-time bicycle commuter who has lived in Daly City for 19 years and previously completed the Daly City Citizens Academy. He is interested in making Daly City more pedestrian- and bicycle-friendly and has served on the DC-BPAC since 2011.
Natasha Opfell works for the Metropolitan Transportation Commission as a regional planner and is a longtime bike and pedestrian advocate in the San Francisco Bay Area, having served on Caltrans District 4’s pedestrian advisory committee. She believes that communities benefit from safe and equitable bike/ped/transit infrastructure. She has lived in Daly City for approximately four years.
Alan Uy works for San Francisco Municipal Transportation Agency (SFMTA) as a traffic engineer and is involved with implementing bike facilities and pedestrian improvements. He is a multimodal user – walking, riding his bike, taking transit and driving to get to his destinations. He has lived in Daly City for 30 years and would be able to contribute his working knowledge from his experience with the SFMTA. He has served on the DC-BPAC since January 2019 and also serves on the San Mateo County BPAC.
Fiscal Impact
There is no specific fiscal impact associated with the recommended action. The only fiscal impact of the Daly City Bicycle/Pedestrian Advisory Committee is the Public Works support staff salary cost and minimal document reproduction costs. Funding for staff’s time is included in the Public Works - Engineering Division operating budget 01-312-311-4241 for Fiscal Year 2024-25.
Summary/Conclusion
Recommend the City Council approve the re-appointment of Rachel Goodman, Henry Martinez, Natasha Opfell and Alan Uy to a two-year term on the DC-BPAC expiring on June 30, 2026.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Re-Appointment of Daly City Bicycle-Pedestrian
Advisory Committee Members
Meeting Date: June 3, 2024
Respectfully submitted,
Shirley Chan Richard Chiu, Jr.
Traffic Engineer Director of Public Works
City Council Agenda ReportItem # _____
Meeting Date: June 3, 2024
Subject: Authorization to Execute Amendment No. 9 to Service Agreement for the Daly City Bayshore Shuttle
Recommended Action
Staff recommends that the City Council authorize the City Manager, or his designee, to execute Amendment No. 9 to the service agreement with the San Mateo County Transit District (SamTrans) to operate the Daly City Bayshore Shuttle as part of SamTrans’ Shuttle Bus Program.
Background
Since 2014, the City has operated the Bayshore Shuttle in the Bayshore neighborhood using various grants to finance shuttle operations. The shuttle service connects residents within the Bayshore neighborhood to shopping, grocery, and medical destinations in Daly City and San Francisco. The Bayshore Shuttle also provides access to various regional transportation facilities including Muni and SamTrans bus stops and BART stations to which Bayshore area residents have limited access.
Many of the destinations served by the shuttle are difficult to reach by using the limited public transportation options currently available.
More recently, the City of Daly City received a Measure A grant from San Mateo County Transportation Authority (TA) and C/CAG to improve mobility options for residents of the Bayshore neighborhood. In June 2023, the TA board approved a grant in the amount of $506,250 from New Measure A Local Shuttle Program Category (Measure A Funds). In May 2024, the City/County Association of Governments of San Mateo County (C/CAG) notified staff that the Bayshore Shuttle would be recommended to receive $314,375 in Lifeline Transportation Program (LTP) grants.
Discussion
In July 2015, SamTrans contracted with a new shuttle provider. The original agreement expired on June 30, 2016. Since that time, eight amendments have been executed, each extending the agreement for another 12-month period. The current agreement ends on June 30, 2024. The term of the proposed Amendment No. 9 is for a 12-month period ending on June 30, 2025.
Fiscal Impact
The service agreement with SamTrans provides for a fee of $320,800 to operate the shuttle commencing July 1, 2024 and ending June 30, 2025. The total cost to operate the shuttle for FY 2024-25 is estimated to be $341,500 which includes $20,000 for staff time, advertising, and other miscellaneous costs.
The grant funds secured to date for Fiscal Year 2024-25 are approximately $250,125 to operate the shuttle. The remaining funds needed for Fiscal Year 2024-25 will be from the LTP grant funds to be
Authorization to Execute Amendment No. 9 to
Service Agreement for the Daly City Bayshore Shuttle
Meeting Date: June 3, 2024
approved by the C/CAG board later this month. The grants will be sufficient to operate the shuttle for FY 2024-2025. The approval of the funding agreement from C/CAG will be brought to the City Council for approval upon receipt of the funding agreement.
Summary/Conclusion
Staff recommends that the City Council authorize the City Manager, or his designee, to execute Amendment No. 9 to the service agreement with SamTrans to operate the Daly City Bayshore Shuttle as part of SamTrans’ Shuttle Bus Program.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Shirley Chan Richard Chiu, Jr.
Acting City Engineer Director of Public Works
Attachment: Rail Shuttle Bus Service Administration Agreement Amendment No. 9
SAN MATEO COUNTY TRANSIT DISTRICT
1250 San Carlos Ave. – P.O. Box 3006
San Carlos, CA 94070-1306 (650) 508-6200
Amendment No. 9
To
RAIL SHUTTLE BUS SERVICE ADMINISTRATION AGREEMENT
- DALY CITY BAYSHORE - SAN MATEO COUNTY TRANSIT DISTRICT (SamTrans Operated & Managed)
THIS AMENDMENT modifies the Rail Shuttle Bus Service Administration Agreement (“Agreement”), which was effective December 9, 2015, by and between the San Mateo County Transit District (“District” or “SamTrans”) and the City of Daly City (“Lead Organization”).
The District and the Lead Organization entered into the Agreement, whereby the Lead Organization participates in the District Shuttle Bus Services program; and
The Agreement was modified previously to extend the Agreement and adjust the contribution and payment terms; and
The last modification was memorialized pursuant to Amendment Num ber 8, which was effective July 1, 2023; and
The Agreement is set to expire on June 30, 2024; and
The Parties desire to amend the Agreement and extend the Agreement for another twelve- month period and set forth the contribution and payment terms applic able during said extension, in accordance with the terms and conditions of this Ninth Amendment.
NOW THEREFORE, IT IS AGREED to amend the Agreement as follows:
1. Section 4 of the Agreement, Term , is amended by adding the following language as the tenth paragraph:
Effective July 1, 2024, the term of the Agreement shall be extended for twelve (12) months commencing July 1, 2024 and ending June 30, 2025.
2. Section 5 of the Agreement, Maximum Contribution; Payment is amended by adding the following language as the tenth paragraph:
BOARD OF DIRECTORS 2024
MARINA FRASER, CHAIR
JEFF GEE, VICE CHAIR
DAVID J. CANEPA
MARIE CHUANG
BROOKS ESSER
RICO E. MEDINA
RAY MUELLER
JOSH POWELL
PETER RATTO
APRIL CHAN
GENERAL MANAGER/CEO
SMTRO_DC Bayshore_Amend 9_ FY25_Review Only 2
20483945.3
During the twelve (12) month extension of the Agreement, commencing July 1, 2024 and ending June 30, 2025, the District’s maximum contribution (which includes contributions from all other funding agencies involved, if any) for Shu ttle Service shall not exceed Zero Dollars ($0) or Zero percent ( 0%) of the actual total operating costs for the Shuttle Service as determined by the District.
3. Section 6 of the Agreement, Lead Organization’s Payment is amended by adding the following language as the thirteenth and fourteenth paragraphs:
During the twelve (12) month extension of the Agreement, commencing July 1, 2024 and ending June 30, 2025, Lead Organization shall pay One Hundred percent (100%) of the total actual costs of operating the Shuttle Service. Lead Organization's share shall equal Three Hundred Twenty Thousand Eight Hundred dollars ($ 320,800) in addition to Three Hundred dollars ($300) or as revised for Commute.org managed annual GTFS feed administration (projected com bined T hree Hundred Twenty-One Thousand One Hundred dollars [$321,100]), subject to a final adjustment.
A Fuel Cap and Collar element has been added to the Vendor's contract.
The estimated proportional cost projection for the term July 1, 2024 through June 30, 2025 is based on $5.20 per budgeted annual revenue hour for the Shuttle and has been included in the projected cost cited above.
Except for those changes expressly specified in this Nin th Amendment , all other provisions, requirements, conditions, and sections of the underlying Agreement , as prev iously amended, shall remain in full force and effect.
THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
SMTRO_DC Bayshore_Amend 9_ FY25_Review Only 3
20483945.3
DO NOT SIGN
IN WITNESS WHEREOF, the parties have executed this Ninth Amendment on the date first written above with the intent to be legally bound.
SAN MATEO COUNTY TRANSIT CITY OF DALY CITY
DISTRICT
By: By:
Name: Name:
Title: Title:
APPROVED AS TO FORM APPROVED AS TO FORM
SamTrans Attorney City of Daly City Attorney
City Council Agenda ReportItem # _____
Considerati
Meeting Date: June 3, 2024
Subject: Consider Partnership with the Hui Tarava Tahitian Dance Company “Hui Fest Marché” at the Bayshore Community Center
Recommended Action
Consider City partnership with the Hui Tarava Tahitian Dance Company to host “Hui Fest Marché”, a free community event, at the Bayshore Community Center on Saturday, June 29, 2024, and consider fee waivers.
Background
The Hui Tarava Tahitian Dance Company is inviting the City of Daly City to partner for its “Hui Fest Marché” on Saturday, June 29, 2024. As a partner, the City would host the event at the Bayshore Community Center and promote the event to the Daly City community.
The partnership would include the Hui Tarava Tahitian Dance Company and the City of Daly City to host a “Hui Fest Marché” within the Bayshore Community Center and the Bayshore Heights Park that draws people from our community to come together and enjoy dancing, music, and arts & crafts. There will also be a Tamure marathon, which is a Tahitian dance contest that focuses on stamina. Dancers will be split up into age categories and the last standing in each category will be declared the winner. There will be retail vendors within the Bayshore Community Center and food vendors in the Bayshore Heights Park.
Discussion
The City Council may consider becoming an official event partner and waiving fees and other requirements for the rental of the Bayshore Community Center, from 9:30am to 6pm. The chart below depicts all costs associated with the rental:
Fees: 9:30am – 6pm Non-Refundable Fees Refundable Fees
($225 per/hr x 8.5 hours) Insurance Custodial Fee
(Mandatory)+
Deposit Total
Bayshore
Community Center
$1,912.50 $147 $400 $800 $3,259.50
TOTALS $3,259.50
+This is a mandatory fee associated with all gym rentals.
As the Hui Tarava Tahitian Dance Company has already submitted payment for the $800 refundable deposit, $400 mandatory/non-refundable custodial fee and the $147 non-refundable insurance fee, the total rental fees requested to be waived amount to $1,912.50.
As the event includes food vendors, these businesses are subject to the following additional requirements:
City of Daly City Business License: All food trucks selling food in Daly City, if on a temporary basis, will need to apply for a Business License. Businesses with gross receipts $100,000 or less
Considering Partnership with the Hui Tarava Tahitian Dance Company “Hui Fest Marché” at the Bayshore Community Center
Meeting Date: June 3, 2024
are subject to a $114 business license tax. Businesses with gross receipts over $100,000 are subject to a 0.11% business license tax and $4.00 State fee.
San Mateo County Environmental Health Requirements: Please note, the following information has been provided to the Hui Tarava Tahitian Dance Company, the main Event Coordinator.
▪Mobile Food Trucks:
1. If the mobile food truck has a valid San Mateo County permit, the vendor is to provide the business name and health permit number to the Event Coordinator. The Event Coordinator will not be charged a processing fee when submitting the Temporary Event – Coordinator Application (see attached).
2. If the mobile food truck does not have a valid San Mateo County permit, the vendor is to provide a valid health permit number/sticker from another issuing agency (such as another County) and must apply for a Temporary Event Vendor Permit (see attached).
Both valid health permit number/sticker and Temporary Event Vendor Permit form must be submitted to the Event Coordinator. The Event Coordinator will be charged a processing fee of $149 per truck.
▪Food Booths:
1. General requirements: Many food booth vendors are aware of the County of San Mateo guidelines. Newer vendors may refer to the County’s Temporary Events Guidelines (see attached) as well as the Temporary Event Vendor Permit, which require:
-Proper signage
-Construction of booth guidelines – risk category 1 requires over-head protection; risk category 2 requires full enclosure with specific booth sides and floors. -Must demonstrate knowledge – Food Manager Certificate, Handler Card, or Passing Score of the Food Safety Quiz.
-Food from an approved source – Any food prepared prior to the event must be done in an approved commercial kitchen or commissary which is noted on the vendor application.
-Food protection to prevent contamination.
-Food storage
-Alternative hand washing station.
2. Food Booths Risk Category 1 (all food is prepackaged, no on-site food preparation.
Sampling is allowed if no complex food preparation is need): The Event Coordinator will be charged a processing fee of $100 per booth and must apply for a Temporary Event Vendor Permit, which must be submitted to the Event Coordinator.
Considering Partnership with the Hui Tarava Tahitian Dance Company “Hui Fest Marché” at the Bayshore Community Center
Meeting Date: June 3, 2024
3. Food Booths Risk Category 2 (Open food, on-site preparation. Food will be handled and/or prepared on site): The Event Coordinator will be charged a processing fee of $149 per booth and must apply for a Temporary Event Vendor Permit, which must be submitted to the Event Coordinator.
Summary/Conclusion
Staff recommends that the City Council provide direction to staff on event partnership and fee waivers.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Leilani Ramos Denise Brown
Assistant to the City Manager Director of Recreation Services
City Council Agenda ReportItem # _____
Meeting Date: June 3, 2024
Subject: Approve FY 2024-25 Project List for Road Maintenance and Rehabilitation Account Funds Authorized Under SB 1
Recommended Action
Recommend the City Council adopt a Resolution approving the FY 2024-25 Project List for SB 1 Road Maintenance and Rehabilitation Account Funds
Background/Discussion
SB 1 (Beall) was filed with the Secretary of State on April 28, 2017. The bill established a Road Maintenance and Rehabilitation Account (RMRA) in the State Transportation Fund that is intended to address deferred maintenance on the state highway system and the local street and road network.
As written, SB 1 requires the California Transportation Commission (CTC) adopt criteria to ensure efficient use of these funds. The RMRA funds will be provided to cities on a monthly basis along with traditional gas tax monthly disbursements, with the first distribution in January 2018.
A city or county must submit a project list and supporting documentation to the CTC each year, which means the FY24-25 project list will need to be submitted by July 1, 2024. Public Works staff recommends using the RMRA funds for the completion of the Skyline Slurry Seal, Westlake Slurry Seal, and the 2023-24 Street Resurfacing projects. The projects are identified in the City’s ten-year Capital Improvement Plan (CIP).
Fiscal Impact
The approval of this recommendation will satisfy the CTC Project List requirement to receive SB1 funds in the amount of approximately $2.7 million.
Summary/Conclusion
Recommend the City Council adopt a Resolution approving the FY 2024-25 Project List for SB 1 Road Maintenance and Rehabilitation Account Funds.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Approve FY 2024-25 Project List for Road Maintenance and Repair Account Funds Authorized Under SB 1
Meeting Date: June 3, 2024
Respectfully submitted,
Sibely Calles Richard Chiu
Senior Management Analyst Director of Public Works
Attachments: Skyline Street Slurry Seal Project Location Map Westlake Street Slurry Seal Project Location Map
2023-24 Street Resurfacing Project Location Map
Draft Resolution
SAN FRANCISCO
DALY CITYCALTRANS
DALY CITYCALTRANS
DALY CITYCALTRANS
CALTRANSDALY CITY
PROJECT LOCATION MAPCITY OF DALY CITYSAN MATEO COUNTY, CALIFORNIAPROJECT LOCATION MAPCITY OF DALY CITYSKYLINE STREET SLURRY SEALSAN MATEO COUNTY, CALIFORNIA
PROJECT LOCATION MAPCITY OF DALY CITY2022-23 WESTLAKE SLURRY SEAL
SAN MATEO COUNTY, CALIFORNIA
SAN MATEO COUNTY, CALIFORNIA
CITY OF DALY CITY
PROJECT LOCATION MAP
2023-24 STREET RESURFACING
RESOLUTION NO._______
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of Daly City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Daly City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City of Daly City, will receive an estimated $2.7 million in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the 7th year in which the City of Daly City is receiving SB 1 funding and will enable the City of Daly City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City of Daly City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City of Daly City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of Daly City maintain and rehabilitate approximately 0.7 centerline miles of street pavement throughout the City of Daly City this year and dozens of similar projects into the future; and
WHEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found that the City of Daly City’s streets and roads are in an “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “excellent” condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Daly City, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The following previously proposed and adopted projects may also utilize Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City of Daly City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
•The Westlake Street Slurry Seal project will apply surface seal to approximately 15 miles in the Westlake neighborhood (Map Attached). This project was designed in the fall/winter of 2023 and will be constructed in the summer of 2025. The useful life of the pavement treated with surface seal is approximately seven (7) years. •The Skyline Street Slurry Seal project will apply surface seal to approximately 15 miles in the Skyline neighborhood (Map Attached). This project is currently in design and will be constructed in the summer of 2025. The useful life of the pavement treated with surface seal is approximately seven (7) years.
•The 2023-24 Street Resurfacing Project will repair and overlay street segments selected from the City's 5-year Master Plan for street repair and resurfacing in coordination with the City's Pavement Management System. Work will be done on Mission St, John Daly Blvd, Avalon Dr, and Palmdale. This project was designed in FY2023 and will be constructed in the summer of 2025 . The useful life of the pavement with an overlay is approximately twenty (20) years.
PASSED AND ADOPTED by the City Council of the City of Daly City, State of California this _______ day of _______, 2024, by the following vote:
City Council Meeting Agenda ReportItem # _____
Meeting Date: June 3, 2024
Subject: Accept and Appropriate Title IIIC1 One-Time-Only Funds from the Aging and Adult Services of San Mateo County
Recommended Action
It is recommended that the City Council adopt a resolution to accept and appropriate One-Time- Only (OTO) funds of $62,757 from the San Mateo County Aging and Adult Services to the Senior and Active Adults Services fund.
Background
The Active Adult and Senior Services Unit was offered OTO Funds to serve an additional 11,750 meals from San Mateo County Aging and Adult Services for $62,757.
This grant would be in addition to a grant of $229,144 for the Congregate Nutrition Program provided by the County and previously accepted and appropriated by the City Council (Res.23- 128).
Fiscal Impact
This is a reimbursement grant with the City of Daly City incurring costs for purchases in the Congregate Nutrition Program with the County paying invoices on an ongoing basis.
Revenue will be received into Account 01-131-463-3603.
Summary/Conclusion
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Jennifer M. Der Denise M. Brown
Senior Recreation Services Supervisor Director
City Council Agenda ReportItem # _____
Considerati
Meeting Date: June 3, 2024
Subject: Consider Partnership with the Peninsula Family Services Got Wheels! Program
Recommended Action
Consider Partnership with the Peninsula Family Services (PFS) Got Wheels! Program providing residents of Daly City 70 years and older, at no cost to the resident, a membership from PFS.
Background
The Got Wheels! Program launched in the City of Daly City by PFS in 2019. In an article written in 2020 “Got Wheels! Expands on the Peninsula and Coast Side” by Theresa Myers, she explains the main reason why older adults tend to skip their medical appointments, which leads to an increase in emergency room visits and medical care expenses is due to lack of transportation. She quoted Susan Houston, who at the time was the PFS Vice President for Older Adult Services, “There is a direct link between lack of transportation and feelings of isolation in older adults.” She further states, “Studies have shown that being isolated and lonely directly affects one’s emotional, mental and physical health. This service connects people to opportunities for social services, as well as cultural and personal enrichment.”
In the past few months, the City Council adopted resolutions that support the article referenced above and our current movement to champion the steps to strengthen our Daly City Age-Friendly initiative. On February 12, 2024, the City Council became the first City in the Nation to declare loneliness as a public health issue and on April 22, 2024, the City Council accepted the Daly City Age-Friendly Action Plan, which includes the “Got Wheels” Program through PFS as a transportation resource in the City. Additionally, the Got Wheels! Program is celebrating its 5 th Year Anniversary this July and Daly City will kick-off the celebration of this milestone in partnership with PFS. On Wednesday, July 31, 2024, the Got Wheels! “Reducing Loneliness and Isolation” event will be held at the Doelger Senior Center at 1:30pm.
As of May 22, 2024, the total number of 70 years and older members enrolled in the Got Wheels! Program was 591 with Daly City having the highest number of members at 230. There is currently a waitlist for participation in the Got Wheels! Program for Daly City residents.
Fiscal Impact
The resident will be able to schedule per month, up to six (6) one-way rides or three (3) round trips with Serra Yellow Cab Company on demand, 24 hours a day, seven days a week.
The City will pay up to $24,000, through Measure Q funding, to PFS for a one-year pilot program serving up to 20 riders currently not served by the Got Wheels! Program, so that more residents 70 years and older may obtain the benefits of the services described.
Summary/Conclusion
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Consider Partnership with the Peninsula Family Services Got Wheels! Program Meeting Date:
June 3, 2024
Denise Brown Jennifer Der
Director Senior Recreation Services Supervisor
City Council Meeting Agenda ReportItem # _____
Attachments: 1. Jefferson Elementary School District Contractual Services Agreement 2024/25
2. All City Management Services, Inc Crossing Guard Agreement 2024/25 Meeting Date: June 3, 2024
Subject: Authorize Agreement with the Jefferson Elementary School District (JESD) for Cost Sharing of Crossing Guard Services through All City Management Services for School Year 2024/25
Recommended Action
Staff recommends Council approve a cost-sharing agreement with the Jefferson Elementary School District to provide crossing guard services.
Background
In previous years, the City agreed to share costs with the Jefferson Elementary School District (JESD) for crossing guard services at identified school sites. As in previous years, the Jefferson Elementary School District has agreed to cover 50% of the cost, with the City paying the remaining 50%.
Discussion
The Daly City Police Department has a contract with All City Management Services, Inc. to provide crossing guard services at 13 Jefferson Elementary School District school site locations in Daly City. The total cost of the contract for the school year 2024/2025 with All City Management is not to exceed $253,071.00. The Jefferson Elementary School District has agreed to pay for 50% of the program’s total cost, not to exceed $126,535.50. The contract will be approved by the JESD School Board at an upcoming meeting.
Fiscal Impact
Funds are available in the Police Department Operating Budget to fund the 50% portion to be covered by the City.
Summary/Conclusion
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully Submitted,
Cameron Christensen
Acting Chief of Police
1 AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated April 23, 2024 and is between the CITY OF DALY CITY & JEFFERSON ELEMENTRY SCHOOL DISTRICT (hereinafter called the "Client"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor").
WITNESSETH
The parties hereto have mutually covenanted and agreed as follows:
1. This Agreement is for a period which commences on no later than August 17, 2024 and ends on June 30, 2025 and for such term thereafter as the parties may agree upon by written amendment to this contract. Service shall begin on a best availability basis until such a time as Contractor has hired, trained and deployed Crossing Guards to all sites requested by the Client. Client agrees to provide site locations for Contractor to then assign and deploy Crossing Guards. Contractor shall assume liability for only those sites agreed to by both Contractor and the Client by written amendment stating effective date of assignment.
2. The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a “Crossing Guard”.
Contractor will perform criminal background checks and confirm employment eligibility through E- Verify on all prospective personnel. The Contractor is an independent contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the Client.
3. The Client’s representative in dealing with the Contractor shall be designated by the City of Daly City & Jefferson Elementary School District.
4. The Client shall determine the locations where Crossing Guards shall be furnished by the Contractor.
The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with the terms of this Agreement.
5. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement.
6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws of the state in which the Services are to be performed.
7. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the state in which the Services are to be performed pertaining to general pedestrian safety in school crossing areas.
2 8. Crossing Guard Services (the “Services”) shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under Client’s jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling.
9. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand-held Stop signs and any other safety equipment which may be necessary.
10. The Contractor shall at all times provide workers' compensation insurance covering its employees and shall provide and maintain liability insurance for Crossing Guard activities. The Contractor will provide to the Client a Certificate of Insurance naming the Client and its officials, officers and employees as additional insureds. Such insurance shall include commercial general liability with a combined single limit of not less than $1,000,000.00 per occurrence and in aggregate for property damage and bodily injury. Such insurance shall be primary with respect to any insurance maintained by the Client and shall not call on the Client’s insurance contributions. Such insurance shall be endorsed for contractual liability and personal injury and shall include the Client, its officers, agents and interest of the Client. Such insurance shall not be canceled, reduced in coverage or limits or non- renewed except after thirty (30) days written notice has been given to the Client.
11. Contractor agrees to defend, indemnify and hold harmless the Client, its officers, employees, agents and representatives, from and against any and all actions, claims for damages to persons or property, penalties, obligations or liabilities (each a “Claim” and collectively, the “Claims”) that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the sole negligent acts or omissions, or willful misconduct, of Contractor, its agents, employees, subcontractors, representatives or invitees.
a) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including attorney's fees incurred in connection herewith.
b) In the event the Client, its officers, agents or employees are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the sole negligence of Contractor hereunder, Contractor agrees to pay Client, its officers, agents, or employees, any and all costs and expenses incurred by the Client, its officers agents or employees in such action or proceeding, including, but not limited to, reasonable attorney's fees.
c) In the event that a court determines that liability for any Claim was caused or contributed to by the negligent act or omission or the willful misconduct of Client, liability will be apportioned between Contractor and Client based upon the parties’ respective degrees of culpability, as determined by the court, and Contractor’s duty to indemnify Client will be limited accordingly. d) Notwithstanding anything to the contrary contained herein, Contractor’s indemnification obligation to Client for Claims under this Agreement will be limited to the maximum combined aggregate of Contractor’s general liability and umbrella insurance policies in the amount of $5,000,000 (Five Million Dollars).
3 12. Either party shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party.
13. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the Client.
14. The Client agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Thirty-six Dollars and Five Cents ($36.05) per hour, per Crossing Guard during the term. Based on a minimum of thirteen (13) and upon a projected (7,020) hours of service the cost shall not exceed Two Hundred Fifty-three Thousand, and Seventy-one Dollars ($253,071.00) per year.
15. Payment is due within thirty (30) days of receipt of Contractor’s properly prepared invoice.
16. Contractor may request a price increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor’s employees would be subject. Contractor shall provide Client with 60 days-notice of its request to increase pricing. Client agrees to review and respond to said notice within 30 days of receipt.
17. The Client shall have an option to renew this Agreement. In the event this Agreement is extended beyond the end of the term set forth above, the compensation and terms for the Services shall be established by mutual consent of both parties.
18 This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions. Any amendments, modifications, or alterations to this Agreement must be in writing and signed by all parties. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect.
Sites covered for the 2024-2025 fiscal year are compensated 3.0 hours per day and are as follow:
1. E. Market/Hillside
2. Eastmoor/Mirada
3. Price/Bonnie
4. E. Market/Wyandotte
5. So. Gate/Palomar
6. Skyline/Arcadia
7. So.Gate/Westridge
8. Hanover/Whittier
9. Casa/El Dorado
10. John Daly/Park Plaza
11. John Daly/ Santa Barbara
12. Lakeshire Drive / Midvale Drive
13. Chester Street / Abbot Avenue
[SIGNATURES FOLLOW ON NEXT PAGE]
4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below.
CLIENT CONTRACTOR
City of Daly City All City Management Services, Inc.
By_____________________________ By______________________________ Signature D. Farwell, Corporate Secretary
_____________________________
Print Name and Title
Date____________________________ Date____________________________
Jefferson Elementary School District
By_____________________________
Signature
_____________________________
Print Name and Title
Date____________________________
MEMORANDUM OF UNDERSTANDING BETWEEN JEFFERSON ELEMENTARY
SCHOOL DISTRICT AND THE CITY OF DALY CITY FOR CROSSING GUARD
SERVICES
This Memorandum of Understanding entered into on July 1, 2024, between Jefferson Elementary School District (the ”District”) and the City of Daly City (the “City”), for the cost of providing Crossing Guard Services, in the amount not to exceed $253,071.
The parties, the District and the City, agree to equally share the cost of providing Crossing Guard Services at all K-8 schools in Daly City. The District and the City shall pay the provider, ACMS, the amount not to exceed $126,535.50 respectively.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as follows:
Jefferson Elementary School District City of Daly City
(the “District”) (the “City”)
By:_______________________________ By: ____________________________ Signature Signature
____ Michael Lauro ____ _____Thomas J. Piccolotti______________ Printed Name Printed Name
Assistant Superintendent City Manager
Title Title
101 Lincoln Ave., Daly City, CA 94015 333 90 th Street, Daly City, CA 94015 Tel: (650) 991-1000 Tel: (650) 991-8127
Date: Date:
City Council Meeting Agenda ReportItem # _____
Meeting Date: June 3, 2024
Subject: Approve Exception to the 180-Day Waiting Period to Hire a CalPERS Retired Annuitant Teresa Abrahamsohn in Accordance with Government Code Sections 7522.56 and 21224
Recommended Action
Staff recommends that the City Council adopt a resolution authorizing the City to employ Teresa Abrahamsohn on a temporary part-time basis in the retired annuitant position of Assistant to the Director of Human Resources sooner than the 180 day waiting period after a CalPERS retirement.
Background/Discussion
The Finance Department would like to employ Teresa Abrahamsohn on a part-time basis providing expertise in the implementation of an Enterprise Resource Planning system (ERP) and project management. Teresa Abrahamsohn retired with a CalPERS agency effective March 6, 2024 and has extensive knowledge and experience with the implementation of ERP systems.
As background individuals who have retired from CalPERS are referred to as “retired annuitants”.
Pursuant to State law, retired annuitants are only permitted to work for the City (or any CalPERS employer) without reinstating to active CalPERS membership in very limited situations, and must meet specific requirements set forth in Government Code sections 7522.56 and either 21221(h) or 21224. Among the requirements are the individual must have specialized skills that are needed to perform work of a limited duration, the individual’s employment must be limited to less than 960 hours in a fiscal year, the individual’s rate of pay must fall within the established salary range for individuals performing similar work, and the individual must not receive any other benefits or compensation besides an hourly wage. The proposed retired annuitant appointment of Teresa Abrahamsohn meets all of these requirements.
Government Code section 7522.56 also generally requires a 180-day wait period before a CalPERS retiree can be re-employed as a retired annuitant at a CalPERS covered agency, unless the individual is re-employed as a sworn firefighter or peace officer. However, a CalPERS retiree may be re- employed as CalPERS retired annuitant before the expiration of a 180-day wait period if the governing body explicitly authorizes the need to fill the position sooner. Teresa retired from the City of San Mateo effective March 6, 2024 and without the adoption of this resolution, would not be eligible to be employed as a retired annuitant until August 1, 2024.
The Finance Department has a critical need for Teresa Abrahamsohn’s services immediately and is requesting to hire Teresa as a temporary, part-time employee effective June 1, 2024 or as soon as CalPERS approves the employment.
By adopting the attached Resolution, the City will be permitted to re-employ Teresa Abrahamsohn on a temporary part-time basis in the retired annuitant position of Assistant to the Director of Human Resources, effective June 1, 2024 or as soon as CalPERS approves the employment.
As noted in the attached Resolution, the only compensation Teresa Abrahamson will receive is an hourly rate of $91.09 (Step 4 of the Assistant to the Director of Human Resources title) for any hours they work; they will receive no other employment benefits. Teresa will be limited to less than 960
City Council Agenda Report
Subject: Approve
Meeting Date: June 3, 2024
hours per fiscal year in compliance with CalPERS regulations, and will be employed at-will, so this assignment may be terminated by the City at any time.
Fiscal Impact
Funding for this position is included in the FY 2025 budget request.
Summary/Conclusion
Staff is recommending that the City Council approve exception to the 180-Day waiting period to hire a CalPERS Retired Annuitant Teresa Abrahamsohn in accordance with Government Code Sections 7522.56 and 21224.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Natalie Sakkal Timothy J. Nevin
Director of Human Resources Director of Finance & Administrative Services Attachments
1 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY,
CALIFORNIA, AUTHORIZING THE POST-RETIREMENT EMPLOYMENT OF TERESA
ABRAHAMSOHN AS AN ASSISTANT TO THE DIRECTOR OF HUMAN RESOURCES SOONER THAN 180 DAYS AFTER RETIREMENT
WHEREAS, in compliance with Government Code section 7522.56 of the Public Employees’ Retirement Law, the City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and WHEREAS, Teresa Abrahamson, CalPERS ID 9487143824 retired from the City of San Mateo in the position of Director of Human Resources, effective March 6, 2024; and WHEREAS, Government Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is September 3, 2024 without this certification resolution; and
WHEREAS, Government Code section 7522.56 provides that this exception to the 180- day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the City Council, the City of Daly City, and Teresa Abrahamsohn certify that Teresa Abrahamsohn has not and will not receive a Golden Handshake or any other retirement related incentive; and
WHEREAS, the City Council hereby appoints Teresa Abrahamsohn as an extra help retired annuitant to perform the duties of an Assistant to the Director of Human Resources for the City of Daly City under Government Code section 21224, effective June 1, 2024 or as soon as CalPERS approves the employment; and
WHEREAS, the entire employment agreement, contract or appointment document between Teresa Abrahamsohn and the City of Daly City has been reviewed by this body and is attached hereto; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the minimum base salary for this position is $78.68 per hour and the maximum base salary for this position is $95.64 per hour; and
2 WHEREAS, the hourly rate paid to Teresa Abrahamsohn will be $91.09; and WHEREAS, Teresa Abrahamsohn has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby certifies the nature of the employment of Teresa Abrahamsohn as described herein and detailed in the attached personnel appointment documents and that this appointment is necessary to fill the critically needed position of Assistant to the Director of Human Resources for the City of Daly City by July 1, 2024 because City needs the experience and skills Teresa Abrahamsohn possesses require this position be filled by someone with the special skills, experience, and organizational knowledge of Teresa Abrahamsohn by June 1, 2024 or as soon as CalPERS approves the employment.
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 Report Item #______
Meeting Date: June 3, 2024
MEMORANDUM
To: Mayor and City Council
From: Rose Zimmerman, City Attorney
CC: Thomas J. Piccolotti, City Manager
Re: Consideration of a Resolution in Support of Peace and an End to the Humanitarian Crisis in Gaza
SUMMARY
The action before the Council is to consider joining other cities and organizations in a resolution to support peace and end the humanitarian crisis in Gaza.
BACKGROUND
At the April 8, 2024, Council meeting, the Mayor appointed Vice Mayor Daus-Magbual and Councilmember Proano to an ad hoc committee to evaluate drafting a resolution calling for a ceasefire.
The committee met to discuss and review numerous resolutions from local agencies to formulate a draft resolution. After multiple meetings, the ad hoc committee decided to submit the attached resolution for the Council's consideration.
DISCUSSION
As evidenced by public comments and events within our community and the amount of time devoted to this topic at Daly City Council meetings, the Council recognizes excellent consternation in our community. Members of our community are affected by the events, and many more feel compelled to do something in the face of the humanitarian crisis.
Taking on the task of crafting a resolution, the ad hoc committee reviewed numerous adopted resolutions from other agencies. It focused on 1) supporting peace and the end of the humanitarian crisis in Gaza, 2) Acknowledging the fear, pain, and grief that members in our community are experiencing as a result of this conflict, including both those directly affected and those who have felt the ripples of this issue in Daly City indirectly and 3) Calling for an end to the humanitarian crisis in considering a permanent bilateral ceasefire.
The draft Resolution is considered an opportunity for the City Council to contribute to peace and stability in the region. By endorsing it, the Council can send a clear message of support for peace, dialogue, and humanitarianism principles.
RECOMMENDATION
Consider the draft resolution for the City Council's determination.
Attachment: Draft Resolution
RESOLUTION NO.
A RESOLUTION IN SUPPORT OF PEACE AND AN END TO
THE HUMANITARIAN CRISIS IN GAZA
WHEREAS, the City of Daly City acknowledges the suffering of the peoples of the Middle East and affirms our shared humanity; and
WHEREAS, the City of Daly City recognizes that the current crisis takes place within a long and complex history and affirms that, for a pathway to lasting peace to be developed, the root causes of the crisis will need to be addressed; and
WHEREAS, all human life is precious, and the City of Daly City has a long and proud history of standing on the side of peace, affirming our commitment to speak against injustice, and supporting collaborative dialogue; and
WHEREAS, the loss of life and displacement of people in Israel and Palest ine has directly impacted our community through both our direct connections to friends and loved ones in Israel and Gaza and our shared suffering in the face of the ongoing crisis and its ripples; and
WHEREAS, the United Nations reported more than 35,000 f atalities since the war broke out between Israel and Hamas on October 7; and
WHEREAS, the City of Daly City condemns the killing of all innocents before, during, and after October 7, and calls for the release of all hostages; and
WHEREAS, the City of Daly City recognizes the fear, anxiety, and grief of Palestinians, Gazans, and Daly City residents whose friends and loved ones have perished since October 7 or have survived with physical and psychological injuries; and
WHEREAS, millions of lives are at imminent risk from the continued hostilities and due to a lack of food and medical care; and
WHEREAS, international organizations like Amnesty International, the United Nations, the European Parliament, the World Health Organization, the U.S. Agency for International Development (USAID), the International Rescue Committee, the International Court of Justice, and many others have made calls for an end to the hostilities to prevent the further loss of civilian lives, allow entry of humanitarian aid, and comply with international humanitarian law; and
WHEREAS, on January 26, 2024, the International Court of Justice (ICJ) issued a ruling stating that Israel takes a ll possible measures to prevent acts of genocide against Palestinians and to facilitate the entry of much -needed humanitarian aid. The ICJ remains deeply concerned about the continuing loss of life and human suffering, and it is committed to promoting a peaceful resolution to the ongoing conflict; and
WHEREAS, our nation and our leaders are uniquely situated to help end the current violence peacefully.
BE IT FURTHER RESOLVED the City of Daly City condemns the recent rise in Antisemitic, anti-Israeli, Islamophobic, anti-Arab, anti-Palestinian, racist, and xenophobic hatred in our community and across the nation, including efforts to target, harass, and intimidate students,
journalists, community leaders, elected officials and others who have spoken for what they believe in; and
BE IT FURTHER RESOLVED the City of Daly City reaffirms the right to gather and protest peacefully and to do so without fear of intimidation, harassment, or retribution; and
BE IT FURTHER RESOLVED that the Daly City City Council does hereby urge our community to develop and participate in activities that foster tolerance, empathy, education, understanding of people of all backgrounds and religious faiths and promote peaceful conflict resolution among all parties and
BE IT FURTHER RESOLVED that the City of Daly City joins other cities in calling for our national government for an immediate and permanent bilateral ceasefire in Gaza, unconditional release of all hostages and civilian prisoners, the unrestricted entry of humanitarian assis tance into Gaza, the full restoration of food, water, electricity, and medical supplies to Gaza, and negotiation of a permanent, just solution to the conflict that results in lasting prosperity for all by affirming all parties right to self-determination and peaceful coexistence; and
BE IT FURTHER RESOLVED that a copy of this resolution be sent to the offices of U.S.
Representative Kevin Mullin, U.S. Senator Laphonza Butler, U.S. Senator Alex Padilla, U.S. President Joe Biden, and U.S. Vice President Kamala Harris, urging our leaders to communicate with the leaders of Israel and Gaza to take immediate action to negotiate an end to the violence in Gaza and Israel.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Daly City that it hereby approves the proposed Resolution as shown above.
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