CITY OF DALY CITY
MINUTES - SPECIAL MEETING - CITY COUNCIL
NOVEMBER 12, 2024
Visit https://www.youtube.com/@DalyCityGov/streams to view the City Council meeting The special meeting was called to order by Mayor Manalo at 7:06 P.M.
ROLL CALL: Councilmembers Present:
Juslyn C. Manalo, Mayor
Roderick Daus-Magbual, Vice Mayor
Pamela DiGiovanni
Teresa G. Proaño
Glenn R. Sylvester
Staff Present:
Thomas J. Piccolotti, City Manager
Rose L. Zimmerman, City Attorney
K. Annette Hipona, City Clerk
PRESENTATIONS:
Proclamation - Daly City Police Department Appreciation Day (Acting Chief Cameron Christensen, City of Daly City)
Teresa Yanga, the widow of Rolando Yanga, expressed their family's gratitude to Daly City Police for their hard work in solving the case of Rolando's killing in such an expeditious manner. Teresa Yanga acknowledged Detective Reininger, Detective Reyes, Sergeant Poti, and Technician Waterman.
APPROVAL OF MINUTES:
Regular Meeting October 28, 2024
It was moved by Councilmember DiGiovanni, seconded by Councilmember Sylvester and carried to approve the minutes of October 28, 2024.
APPROVAL OF AGENDA:
It was moved by Councilmember Sylvester, seconded by Councilmember DiGiovanni and carried to approve the agenda.
PUBLIC APPEARANCES/ORAL COMMUNICATIONS
Brent Turner acknowledged the Daly City Police for their great service, congratulated the City Council candidates who were re-elected into office, and acknowledged community events by the City.
Turner wanted to ensure the City is being represented well during events referring to the Italian flag- raising ceremony.
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.
CITY OF DALY CITY
MINUTES - SPECIAL MEETING - CITY COUNCIL
NOVEMBER 12, 2024
Dr. Spira, who was an emergency physician at Seton Hospital, expressed concern with Seton Hospital's poor service for the community, particularly from NES Health which contracted with Seton's Emergency Department. Dr. Spira spoke about the hospital's unethical practices including making physicians choose between emergency and ICU patients, not paying physicians' backpay, and the general poor treatment of staff and patients.
Bob Quinn congratulated the Councilmembers who ran in the election, requested to have the call- in option restored for public comments during meetings, requested the sound for Channel 26 be restored, and congratulated the Daly City Police Department. Quinn requested information from the Vice Mayor on an investigation by the Police Department and District Attorney pertaining to a situation between Councilmembers.
CONSENT AGENDA:
It was moved by Mayor Manalo, seconded by Vice Mayor Daus-Magbual and carried to approve the consent agenda by unanimous roll call vote.
Resolutions:
Adopt Resolution to Amend Recurrent and Part-time Hourly Rates Schedule in Accordance with City Council Adopted Minimum Wage
Resolution 24-161, Adopting Amendment To Recurrent And Part-Time Hourly Rates Schedule Amend Traffic Regulations to: (1) Extend the existing 13-ft. No Parking (red) Zone 7 ft. east on the north side of Pierce Street, east of Bryant Street (TSR 25/05); (2) Install 4-ft. red zone in front of the fire hydrant at 151 Frankfort Street (TSR 25/13); and (3) Install 25-ft red zone across from 152 Edgemont Drive (TSR25/15)
Resolution 24-162, Establishing Traffic Regulations
Approve the FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Application Resolution 24-163, Approving Fiscal Year 2024 Edward Byrne Memorial Justice Assistance Grant Program Application For Purchase Of A Message Board Trailer Adopt Resolution to Increase Settlement Authority for the City Manager, City Attorney for General Liability and Human Resources Director for Workers Compensation Claims Resolution 24-164, Authorizing Increase Settlement Authority For The City Manager And City Attorney For General Liability And Human Resources Director For Workers Compensation Claims Authorize the City Manager to Execute a First Amended Use Agreement with the Brisbane School District
Lesolution 24-165, Authorizing Execution Of A First Amended Use Agreement With Th Brisbane School District For The Afterschool Youth Recreation Program And Enrichment Classes A Panorama Elementary School
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MINUTES - SPECIAL MEETING - CITY COUNCIL
NOVEMBER 12, 2024
Approve Recommended Staffing Changes in the Department of Recreation Services Resolution 24-166, Approving Staffing Changes In The Department Of Recreation Services Approve Update to the Build a Dream Scholarship Program Policy, Application and Process Resolution 24-167, Approving Updates To Build A Dream Scholarship Policy Within The Department Of Recreation Services
Set Time and Place for a Public Hearing on Community Development and Housing Needs, and Authorizing the Solicitation of Request for Proposals of CDBG Funds (Set Hearing: 12/9/24) Resolution 24-168, Setting Time And Place Of Public Hearing Re: Assessment Of Community Development And Housing Needs
END OF CONSENT OF AGENDA
PUBLIC HEARINGS:
General Plan Amendment GPA-8-24-16606 and Zone Change ZC-8-24-16607 - Revised Draft Housing Element Adoption and Initial Implementation Measures (Continued from 10/28/24) Planning Manager Michael Van Lonkhuysen introduced AHMC, the property owner of Seton Hospital. David Batista, AHMC Executive Vice President, provided information on AHM's profile, its history of restoring community hospitals, and land use FAQs regarding Seton Medical Center and AHMC. David Nieh, AGI Avant CEO, spoke about AGI's vision for developing a wellness community on the parcel(s) adjacent to Seton and the potential benefits from the developments.
Batista and Nieh addressed questions on the following: how their project will affect Seton Hospital, the communication between AHMC and Seton staff on priorities, anticipated improvements to Seton, whether AGI and/or AHMC has contacted the City for development prior to the City's Housing Element Plan, AHMC and AGI's intentions for building, project timeline, updates to the development phases, clarifying their goal of "generating economics to sustain the hospital", whether AGI will be responsible for the capital investment, whether AGI has utilized local labor in its projects, whether AHMC and AGI's vision are based on existing models, whether there are any guarantees by AHMC and AGI, whether the objective of the project is to benefit Seton's future and success, whether emergency services staff was paid by AHMC for the last 2 months, and guarantees for continuing services at Seton.
Van Lonkhuysen addressed questions regarding the proposed parcels adjacent to the Seton, the terms of the purchase agreement, whether conditions can be placed in the Housing Element on the zoning for certain parcels, and whether there is a shortfall with regard to the number of units in the Housing Element.
City Attorney Rose Zimmerman provided clarification on the need for the urgency ordinances in order to have a certified Housing Element for Daly City. Currently, the City is in non-compliance which could result in a high risk of litigation by the State and Attorney General, sanctions leading to escalating penalty fees, and the application of the "builder's remedy" provision. Zimmerman also provided information on the lawsuit filed by Attorney General Bonta against the property owner of Seton, AHMC. 3 CITY OF DALY CITY
MINUTES - SPECIAL MEETING - CITY COUNCIL
NOVEMBER 12, 2024
It was moved by Councilmember Sylvester, seconded by Mayor Manalo and carried to re-open the public hearing.
Dr. Robert Perez, Seton, expressed concerns with the current litigation against AHMC, not having the proper backup or facilities to perform critical services, the failure of AHMC to inform the DOJ about major changes to the hospital, AHMC's lack of transparency and poor track record, ER doctors who have not been paid by hospital, and Seton's hospital safety grade (Leapfrog) declining from "A" to "C." Dr. Spira expressed concern with AHMC, referring to the neglected state of Seton and its poor management of the hospital, its closing of the Coastside facility, its firing of more than 30 CNAs before Christmas, and AHMC's actions causing a non-existent morale amongst hospital staff.
Sharif Adam, Seton Nurse, voiced concern with the poor treatment of nurses and medical professionals by AHMC such as changing health benefits and protections for staff without notice. Adam relayed staff's lack of trust in AHMC, particularly with AHMC trying to lowball union employees during negotiations and their lack of communication with staff.
Dr. Meiwen Wu, Seton, expressed concern with the changes that have taken place at Seton over the past years, particularly with AHM's priorities after taking over ownership. Wu does not see health care nor patient care being prioritized and noted times when there was no access to drinking water or shortages in basic medical supplies for patients and staff.
It was moved by Councilmember Sylvester, seconded by Councilmember DiGiovanni and carried to close the public hearing.
Mayor Manalo thanked everyone who came to speak on the item.
Staff addressed questions on the following: whether the Housing Element can be approved without including the parcels adjacent to Seton, whether HCD is aware of the litigation involving AHMC, whether rezoning the adjacent parcels would affect the zoning for Seton Hospital, whether conditional zoning can be applied to the Housing Element, and clarification on the "builder's remedy" provision.
The Council deliberated the information received from staff and the community, the need to adopt a Housing Element, the consequences for Daly City not having a certified Housing Element, and the responsibility of the Council to make hard decisions. City Attorney Zimmerman provided direction for motions required for the resolution and four urgency ordinances and the votes required to pass them.
It was moved by Mayor Manalo, seconded by Councilmember Sylvester and carried by the following roll call vote to adopt the resolution:
Ayes: Daus-Magbual, Proaño, Sylvester, Manalo
Noes: DiGiovanni
Resolution 24-169, Adopting General Plan Amendment GPA-8-24-16606 (Revised Housing Element And Initial Implementation Measures), Adopting Citywide Objective Design Standards, And Certifying Addendum #2 To The General Plan Environmental Impact Report 4 CITY OF DALY CITY
MINUTES - SPECIAL MEETING - CITY COUNCIL
NOVEMBER 12, 2024
It was moved by Mayor Manalo, seconded by Vice Mayor Daus-Magbual and carried by the following roll call vote to adopt the urgency ordinances:
Ayes: Daus-Magbual, Proaño, Sylvester, Manalo
Noes: DiGiovanni
Ordinance 1474, An Urgency Ordinance Of The City Council Of The City Of Daly City Amending The Daly City Zoning Map By Rezoning Certain Parcels Located At 1900 Sullivan Avenue And 1500 Southgate Avenue, Daly City From Sullivan Corridor - Hospital (SC-Hosp) To Sullivan Corridor Residential High Density (SC - R-H)
Ordinance 1475, An Urgency Ordinance Of The City Council Of The City Of Daly City Amending The Daly City Zoning Map By Amending Ordinance No. 1308 Re: Planned Development Standards For PD-59A (APN 003-224-100) 6401 Mission Street, Daly City Ordinance 1476, An Urgency Ordinance Of The City Council Of The City Of Daly City Amending Title 17. Re: Zoning Ordinance Amending Chapters 17.04, 17.08, 17.09 17.12, 17.21, 17.45,
17.58, And Adding Chapter 17.60 Re: Airport Land Use Compatibility Ordinance 1477, An Urgency Ordinance Of The City Council Of The City Of Daly City Amending The Daly City Zoning Map By Amending Ordinance No. 1424 Re: Planned Development Standards For PD-57B (APN 091-247-080) 525 Serramonte Boulevard, Daly City REPORTS:
Council Committee
Mayor Manalo expressed her wish to create two Ad Hoc Council Committees. Manalo appointed Vice Mayor Daus-Magbual and herself to the Land Acknowledgement Ad Hoc Committee to honor the native peoples of this land, and appointed Councilmember Proaño and herself to the Women's Ad Hoc City Council
Mayor Manalo attended the following events: the inaugural Italian flag-raising ceremony, thanking City Manager Piccolotti for his leadership and acknowledging Vice Consul of Italy Gammicchia and Vice President of the Board of Supervisors Canepa; BART's Filipino American History Month celebration and 52-year anniversary where Manalo was a panelist; the Employee Halloween Costume Contest at City Hall; the Halloween celebration at Serramonte Mall with Supervisor Canepa; Autumn Fest Doelger's Senior Center's Pancake Breakfast, acknowledging Daly City's firefighters, Daly City Police Department and Opal Fuller from Recreation; the DCPLA's Art & Lit Fest acknowledging the young artists and creatives; the Passion to Profit Conference at the Cow Palace convening businesses and entrepreneurs; the Veteran's Day celebration at the War Memorial honoring all Veterans, thanking City Manager Piccolotti and City staff, with special guest Pete, a Filipino WWII Veteran, who is 100 years old; and the annual Mayoral Walk in collaboration with the Daly City Colma Chamber of Commerce and Serramonte Marketing Director Marie, featuring a tour of local businesses Crunch Fitness, Dave & Busters, Ziba Beauty, and the soon to be open Jagalchi, and thanking City Manager Piccolotti, Economic Development Specialist Manio, and the President of the Chamber of Commerce Nuris for joining the walk. Manalo looked forward to the Police vs. Fire Basketball Game at the War Memorial on November 24, and thanked all staff who have continuously put their effort in the City's events. 5 CITY OF DALY CITY
MINUTES - SPECIAL MEETING - CITY COUNCIL
NOVEMBER 12, 2024
ADJOURNMENT:
Mayor Manalo adjourned the meeting at 9:53 PM in memory of Manuel and Stella Lopez.
Approved as submitted, this _ 25th Kennette flipona
City Clerk
day of November _ 2024.
Juslyn C. Manalo
Mayor
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