Daly City OKs Landfill Retreat Plan Contract Despite Vendor Concerns

The Daly City Council kept its Coastal Commission-required Muscle Rock Landfill retreat plan on track Monday, Oct. 12, 2026, after Councilmember Pamela DiGiovanni cited the consultant's $57M legal settlement. Her bid to attach a due-diligence condition died without a second, and the Council approved the contract amendment on a voice vote. The Council also awarded an $871,000 City Hall roof replacement 5-0 and adopted a cannabis equity ordinance 4-0-1.

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• Tetra Tech Amendment No. 2 approved for landfill retreat plan; DiGiovanni abstains
• Cannabis Ordinance 1495 adopted 4-0-1 as equity program moves toward implementation
• $871,000 City Hall roof replacement awarded 5-0 to stop leaks over police electronics
• Fire officials warn of lithium-ion battery dangers during Fire Prevention Week proclamation
• Resident vows weekly comment until the Council acts further on DiGiovanni censure

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Tetra Tech Settlement Shadows Landfill Plan Vote

The basics: A planned retreat management plan maps how the city will respond to coastal erosion by managing a gradual pullback from vulnerable areas. In this case, the area is the Muscle Rock Landfill. The California Coastal Commission requires the plan.

Why it matters: The amendment keeps a state-mandated plan moving. It also covers budget overages and a contingency for responding to Coastal Commission comments. The debate tested how much scrutiny the Council expects when it renews contracts with vendors facing legal trouble elsewhere.

Where things stand: Acting Public Works Director Cosgrove walked through the contract's history:

• The Council approved the original contract on Oct. 27, 2025, for about $207,000.
• Amendment No. 1 raised the contract to $240,541.
• The draft plan went to the Coastal Commission on Sept. 8, 2026.
• Tetra Tech requested Amendment No. 2 on Sept. 22 to cover complex geotechnical and regulatory work.

Funding is available in the city's general fund capital improvement program. The record does not state the dollar amount of Amendment No. 2.

The other side: DiGiovanni pulled the item from consent to raise Tetra Tech's legal history tied to work at Hunters Point. "They recently settled for $57 million and admitted fault," said Councilmember Pamela DiGiovanni.

Staff said they had looked into the case. "The litigation was with an operating unit that is a different part of Tetra Tech than who has been helping us," said Acting Public Works Director Cosgrove. He explained that the settlement involved a Georgia unit, while the city works with the company's Oakland unit. Mayor Glenn Sylvester said the matter totaled $97M. He confirmed that staff would remain vigilant.

Decisions and stakeholder impacts: DiGiovanni moved to approve the amendment with an added condition that the director continue due diligence. That motion died for lack of a second. The Mayor then moved a clean approval, and Vice Mayor Teresa Proaño seconded it. It passed on a voice vote with one abstention (DiGiovanni); no full tally was announced. The city keeps its consultant and its timeline with the Coastal Commission. DiGiovanni's vendor-integrity concerns are now on the record, which raises the bar for staff oversight going forward.

What's next: The plan awaits Coastal Commission comments. The amendment's contingency is designed to absorb that work.

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Cannabis Equity Ordinance Clears Final Vote

Why it matters: Supporters said Ordinance No. 1495 helps the city's cannabis equity program move into implementation and secure state funding. Equity programs like this one emerged across California after Prop 64 legalized adult-use cannabis. They aim to help communities hit hardest by past drug enforcement.

Where things stand: The ordinance amends Municipal Code Chapter 5.104, which governs commercial cannabis. The Council adopted it on second reading. The record does not detail the specific text changes.

Councilmember Rod Daus-Magbual made the motion. He serves on the Cannabis Committee with Proaño, and he credited program staffer Mabel Magno. He framed equity as a path to second chances for people affected by enforcement.

"This amendment is just another important step in making sure that the program is accessible to those that it was intended to serve," said Mabel Magno, a cannabis equity program staffer.

Other members added their own perspectives:

• Proaño described non-smoking uses of cannabis.
• Councilmember Juslyn Manalo cited the generational impacts of enforcement.
• Sylvester said he was originally against cannabis businesses but praised the committee's work.

The other side: DiGiovanni abstained. She said she supports equity and medical use but had hoped the effort would go beyond cannabis.

Decisions and stakeholder impacts: The ordinance passed on a roll call vote.

• For: 4 (Sylvester, Proaño, Manalo, Daus-Magbual)
• Against: 0
• Abstain: 1 (DiGiovanni)
• Absent: 0

Prospective equity applicants stand to benefit most if the changes widen access as Magno described.

What's next: Watch for staff updates on equity program implementation and any state funding awards.

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A $871,000 Fix for a Leaking City Hall

Why it matters: The City Hall roof is nearly 30 years old and at the end of its serviceable life. Staff photos showed leaks, including some above sensitive police department electronics.

Where things stand: Cosgrove outlined the project:

• Scope: demolition, installation, drainage, flashing and walk pads
• Base award: $664,578
• Fall protection: $99,646
• Roof access ladders: $27,686
• Contract total: $791,910
• Contingency: a 10% construction contingency of $79,190 brings total authorization to about $871,000

The new roof carries a 30-year warranty.

The contract goes to Garland DBS Inc. through OMNIA Partners, a cooperative purchasing arrangement that lets public agencies use contracts that were already competitively bid. Staff's presentation also named Western Roofing as the lowest bidder. The record does not reconcile that with the Garland recommendation.

Deal math: The city budgeted $650,000 for the roof. Funds from the deferred City Hall parking lot expansion project will cover the gap. That means the parking lot project gives up money to keep the building watertight.

Decisions and stakeholder impacts: Proaño asked about the roof's age and expected lifespan. Manalo asked about local hiring; the record does not include an answer. Manalo moved the award, and Proaño seconded. The roll call vote was For: 5 (DiGiovanni, Daus-Magbual, Proaño, Manalo, Sylvester), Against: 0, Absent: 0.

What's next: Residents can ask staff whether local hiring commitments apply to the project.

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Firefighters' Warning: Lithium Batteries Burn Hot

Why it matters: A routine proclamation turned into one of the night's longest discussions. Fire officials warned that lithium-ion batteries in e-bikes, phones and electric vehicles pose a growing hazard to residents and firefighters.

Where things stand: Proaño read the National Fire Prevention Week proclamation for Oct. 4-10, 2026. This year's theme is "Safe Charging is a Superpower."

"These lithium-ion batteries are extremely dangerous," said Fire Chief Nick Gracia of the North County Fire Authority. He explained that the batteries can enter thermal runaway, a self-sustaining overheating reaction. He added that firefighting procedures are still evolving statewide. He also said crews' protective gear can't be fully cleaned after EV fires.

His advice to residents:

• Unplug devices when they are done charging.
• Avoid damaged or old batteries.
• Use UL-certified chargers.
• Dispose of batteries properly, not in the trash or a junk drawer.

A second fire official explained how to handle disposal. "You want to contact your local garbage company, such as Recology, Scavengers, whoever it may be that distributes or gets rid of your refuse," the official said.

Decisions and stakeholder impacts: Councilmembers shared personal stories and experiences from Fire Ops 101, and they asked about e-bikes in apartments. The chief urged calm. "It's more of an awareness campaign, right?" said Gracia. The Council took no vote.

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Censure Fight Returns to Public Comment

Why it matters: The censure of DiGiovanni remains a live issue. One resident has promised to bring it up at every meeting.

Where things stand: Fernando Montañez, a board member of the Kapwa Cultural Center, spoke using time yielded by Cheryl Couture and Edith Cabiles. He made several points:

• Campaign signs: He said signs for council and supervisor candidates appeared at the Sept. 28 meeting. He asked what rules and consequences apply.
• Referral request: He cited lines 4 and 5 of Resolution 2421, the January 2024 admonishment. He said those lines direct referral to the San Mateo County District Attorney and the California Fair Political Practices Commission. He asked the city attorney or city manager how to pursue that referral.
• Claims about the councilmember: He asserted that DiGiovanni had refused to apologize or take part in investigations. He also said the city spent $100,000 on investigations. These assertions are his own.

Montañez argued that the six-month period under the reinstated censure is too long. "As long as you don't do the requirements, I will come to this city council meeting, get my 2 minutes, and I will continue to do public comment until something is done," said Fernando Montañez.

Decisions and stakeholder impacts: Sylvester said the Council could not act on comments from speaker cards. "Staff has taken a note, and I'm very optimistic that they will be responsive," said Mayor Glenn Sylvester.

What's next: Expect Montañez back at upcoming meetings, and watch whether staff responds on the referral question.

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Minor Items

• Alvarado Project fundraiser: The Council approved a partnership with the Pilipino Bayanihan Resource Center (PBRC), which will serve as nonprofit sponsor for a Jan. 16, 2027, Merced Room fundraiser. The approval waives $1,125 in rental fees; the group still pays $710 in insurance and deposit.
• Fornese retirement: The Council commended Assistant Public Works Director Jeffrey Fornese for more than 30 years of service. He retires around Oct. 24.
• Filipino American History Month: The Council proclaimed October 2026 Filipino American History Month. The title changed from "Heritage" after Montañez argued that "with heritage we only celebrate culture."
• Indigenous Peoples' Day and United Against Hate Week: The Council read both proclamations; United Against Hate Week runs Oct. 18-24. No recipients were present for either.
• Skyline College: President Dr. Nate Carter asked for continued city support. He cited aging buildings and noted that more than one in five Skyline students live in Daly City or Colma.

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Looking Ahead

The third annual Top of the Hill Festival runs Oct. 17 from noon to 6 p.m. Sylvester expects 30,000 to 40,000 attendees, with free shuttles from Seton Hospital, City Hall and Jefferson High School. Other upcoming dates:

• Oct. 23: Bloomingdale's ribbon cutting
• Oct. 24: Make a Difference Day recycling at City Hall, 9:30 a.m. to 12:30 p.m.
• Oct. 24: Trunk or Treat at Westlake Park, 5:30 to 8:30 p.m.

A Small Business Commission seat remains vacant. Manalo said the City/County Association of Governments of San Mateo County (C/CAG) could choose a new executive director as soon as its next meeting.