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HomeMy WebLinkAboutMinutes 2000-06-14MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO SPECIAL MEETING JUNE 14, 2000 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE 1. Call to Order 6:41 p.m. 2. Roll Call Present: Councilmembers Gonzalez, Mullin and Penna, Mayor Pro Tem Femekes and Mayor Matsumoto Absent: None o o Entered into Closed Session: Reconvened into Open Session: Report from Closed Session: Closed Session: Pursuant to Government Code Section 54957.6, conference with Labor Negotiator Jennifer Bower for Confidential Unit 6:41 p.m. 7:07 p.m., all Councilmembers present Mayor Matsumoto reported direction given/no action taken Adjournment Motion-Penna/Second-Mullin: approved by voice vote. Submitted by: M. Payne, City,Clerk City of South San Francisco To adjourn the meeting at 7:07 p.m. Unanimously Approved: · ~_~ ~X2 to, Mayor City olk$outh San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING JUNE 14, 2000 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CALL TO ORDER: 7:30 p.m. (Cassette Tape No. 1) ROLL CALL: Present: Councilmembers Gonzalez, Mullin and Penna, Mayor Pro Tem Fernekes and Mayor Matsumoto Absent: None PLEDGE OF ALLEGIANCE: Led by Mayor Matsumoto INVOCATION: Reverend Tate Crisp, Good News Chapel PRESENTATIONS Oath of office to appointed Councilman Pedro Gonzalez given by Councilman Mullin and presentation of Certificate of Appointment. Councilman Gonzalez introduced his wife and family and thanked those who encouraged him to pursue the office of Councilmember. (Recess: 7:39 p.m. - 8:00 p.m.) AGENDA REVIEW Assistant City Manager Moss requested Agenda Item Nos. 12 and 13 be taken in reverse order, and Agenda Item No. 18 be considered after the Consent Calendar. PUBLIC COMMENTS Mr. Don Mason, 10 Arlington Drive, asked Council if they read an environmental report (untitled) that was filed with San Mateo County on November 19. He stated his objection to the three-minute time limit and reiterated his concern regarding Costco's traffic, which will generate air pollution that will affect his health. He stated he submitted a paper to the Mayor regarding his health concerns and that it was not responded to. He questioned why voters were not allowed to vote on the housing issue for the Costco site and asked who is making Council decisions. Councilman Mullin advised Mr. Mason to submit his questions to staff for a response and that Council did not initiate the referendum. With regard to the untitled environmental report, Councilman Mullin asked Mr. Mason to submit it to staff for reproduction and it will be forwarded to Council. He stated that responses will be made in a timely manner. Mr. Mason asked for clarification on the amount of revenue Costco will generate in comparison to a housing development. Due to time constraints Mayor Matsumoto advised Mr. Mason to submit his questions to staff. Ms. Jackie Williams, 242 Longford Drive, stated her opposition to the Junipero SerraJClay Avenue signalization and asked for verification that this is a dead issue. She asked if there will be an opportunity to speak regarding the amendment to the E1 Camino Corridor, and that her questions have never been addressed. City Attorney Mattas advised Council that Ms. Williams questions have been addressed in the response document, but Ms. Williams can re-address her questions during the El Camino Corridor Plan Amendment comment period. Mr. Dan Shattuc, 111 Belmont Drive, stated it was flag day and observed few flags flying in the community. He questioned the number of Costcos in the City and stated his support for transit housing, bicycle trails, and promoting South San Francisco. He submitted an environmental newspaper and an Oakland A's game voucher for Council's information. Mr. Shattuc further suggested the Scavenger Company take seniors into consideration regarding its rates, and that the garbage collectors clean-up after themselves on collection day. ITEMS FROM COUNCIL · Subcommittee Reports Councilman Penna reported on the recent Council subcommittee (Mullin/Penna) meeting with Human Resources Director Bower regarding department head salaries. He stated that he has been attending committee meetings regarding the San Mateo County Convention and Visitors Bureau interaction with hotels in the North County area and its proposed private funding structure. Mayor Pro Tem Fernekes reported on attending the June 8 C/CAG meeting and announced that Interim City Engineer Chuck was appointed to the Congestion Management Program/ Countywide Transportation Plan, Technical Advisory Committee. Councilman Gonzalez stated he has been attending numerous events, and found a two day work shop, "Strengthening Immigrant Community Involvement", to be beneficial. Councilman Mullin reported on attending a FAA simultaneous offset instrument approach landing system meeting, which will be implemented in the next two years at SFO. The system will facilitate and increase the number of planes landing in poor weather. He stated the homeless shelter committee is now focusing on a remote area on North Access Road at the SamTrans transit facility parking area, and there is currently a $500,000 funding request before the governor that was initiated by Senator Speier. Councilman Mullin reported on the bond subcommittee (Matsumoto/Mullin) meeting and direction has been given to staff to move forward on a study to look at the reconstruction of two fire stations, a new library and a community theater. REGULAR CITY COUNCIL MEETING JUNE 14, 2000 MINUTES PAGE 2 Mayor Matsumoto reported on the bond subcommittee also, and stated the number of items being looked at include a new library, open space along the BART route, and the Westborough swimming pool. She stated that further reports will be brought back to Council as the process develops. · Gun Safety Pledge Staff report presented by Chief Raffaelli. Councilman Penna stated his support for the pledge as it will improve gun safety and the educational process for gun ownership. Mayor Matsumoto stated this item came before the Council of Mayors and she brought it to the Police Chief in an effort to gain its support. Councilman Mullin stated his support for the pledge and mentioned that Smith & Wesson is being boycotted by gun shops and it recently laid off 40% of its employees. Motion-Mullin/Second-Penna: To support the pledge for code of responsible conduct. Unanimously approved by voice vote. · Community Forum Mayor Matsumoto announced the South San Francisco Farmers Market is held each Saturday at Orange Memorial Park, 9:00 a.m. - 1:00 p.m., and the Cultural Arts Commission's Annual Bonsai Exhibit is June 23 - 25, at the Municipal Services Building. Councilman Mullin announced the Black Heritage Club of South San Francisco will be holding its fourth annual Juneteenth Celebration, Saturday, June 17, at Westborough Park. The annual Bay Front Clean-Up is being held Saturday, June 17, 9:00 a.m. - 11:00 a.m., at the end of Haskins Way. Mayor Matsumoto encouraged residents to visit the new Alta Loma Park. Councilman Penna announced Bacchanal Restaurant, 265 Grand Avenue, will be featuring a series of monthly wine dinners on June 21, July 19 and August 16. CONSENT CALENDAR Motion to approve the minutes of the May 23 and 31 special meetings and May 24, 2000 regular meeting Item pulled from Consent Calendar, see below for discussion. 2. Motion to confirm expense claims of June 14, 2000 in the amount of $2,068,947.38 o Resolution No. 58-2000 approving a disposition and development agreement between the South San Francisco Redevelopment Agency, City of South San Francisco and Robert and Kathleen Giorgi REGULAR CITY COUNCIL MEETING JUNE 14, 2000 MINUTES PAGE 3 o o Motion to adopt an Ordinance No. 1268-2000, adopting a development agreement between the City of South San Francisco and Sunstream Homes for the Oak Farms Project Resolution authorizing the City of South San Francisco Public Library to join the Golden Gateway Library Network under the Library of California Item pulled from Consent Calendar, see below for discussion. Resolution of Intention to vacate the easterly portion of the Forbes Boulevard and DNA Way intersection and set a public hearing date of July 26, 2000 to consider the abandonment request Item pulled from Consent Calendar, see below for discussion. ° Resolution awarding construction contract to Acaba Construction for the Cypress and Pine Avenue Park ADA Play Area Renovations Project in an amount not to exceed $131,499 Item pulled from Consent Calendar, see below for discussion. o Motion to accept West Orange Library Parking Lot Improvements Project as complete in accordance with the plans and specifications o Resolution No. 59-2000, naming a baseball field at Alta Loma Park in honor of the late Ermen Rozzi 10. Resolution No. 60-2000, authorizing the execution of a memorandum of understanding with the South San Francisco Unified School District for the acquisition of an easement along Junipero Serra Boulevard 11. Acknowledgement of proclamations issued: Hilltop Gardeners Week, June 4 - 10, 2000 Denise Bilbaeno, induction into the 12th Annual San Mateo County Sports Hall of Fame on June 7, 2000 Councilman Gonzalez requested Item No. 1 be pulled from the Consent Calendar, Councilman Mullin requested Item No. 7 be pulled, and Councilman Penna requested Item Nos. 5 and 6 be pulled. Motion-Fernekes/Second-Mullin: To approve Consent Calendar Item Nos. 2, 3, 4, 8, 9, 10, and 11. Unanimously approved by voice vote. Consent Calendar Item No. 1: Councilman Gonzalez stated he was abstaining from voting on the May 23 and 24 minutes. Motion-Mullin/Second-Fernekes: To approve the minutes of the May 23 and 31 special meetings and May 24, 2000 regular meeting as presented. Approved by voice vote. Abstain: Councilman Gonzalez from the May 23 and 24 minutes. REGULAR CITY COUNCIL MEETING JUNE 14, 2000 MINUTES PAGE 4 Consent Calendar Item No. 5: In response to Councilman Penna, Library Director Sommer explained the Golden Gateway Library Network, which is a no fee system that connects libraries electronically and eventually will be accessible to all communities. Motion-Penna/Second-Fernekes: To approve Resolution No. 61-2000, authorizing the City of South San Francisco to join the Golden Gateway Library Network. Unanimously approved by voice vote. Consent Calendar Item No. 6: In response to Councilman Penna, Interim City Engineer Chuck explained the abandonment of property for the purpose of a Genentech employee bus shelter. Councilman Mullin recalled that Kauffmann Court, named for former City Treasurer Edward P. Kauffmann, no longer exists and suggested the name be added to the street name list for future use. Motion-Penna/Second-Mullin: To approve Resolution No. 62-2000 of intention to vacate a 3,620 square foot portion of the easterly end of Forbes Boulevard, at its intersection with DNA Way and set the date to conduct a public hearing for July 26, 2000 to consider the abandonment request. Unanimously approved by voice vote. Consent Calendar Item No. 8: In response to Councilman Mullin, Director Nagel stated that four parks are still scheduled for ADA compliance: Zamora Park, two Winston Manor Parks and the Westborough play area. He further explained that the parks will not have themes and the design of the Cypress and Pine Avenue Park is to remain the same. Motion-Mullin/Second-Fernekes: To approve Resolution No. 63-2000, awarding a construction contract in an amount not to exceed $131,499 to Acaba Construction for the Cypress and Pine Park ADA Play Area Renovations Project. Unanimously approved by voice vote. LEGISLATIVE BUSINESS 18. Waive reading and introduce an ordinance amending SSFMC Section 13.30, entitled Tree Preservation Ordinance Mayor Matsumoto stated that she had suggested the ordinance be strengthened to protect mature trees. Staff report presented by Director Nagel. In response to Councilman Gonzalez, staff indicated that the Parks Division will assist property owners who wish to trim their trees, but the City can not provide the manpower. Councilman Penna stated his support for the ordinance regarding new construction, but objected to Section 13.30.120, residential properties already developed, because it is inappropriate and a burden on the homeowner. Staff stated the provision is a recommendation not a requirement. REGULAR CITY COUNCIL MEETING JUNE 14, 2000 MINUTES PAGE 5 Mayor Matsumoto stated her support for the residential provision and that any addition that increases a homes square footage by 50% requires a tree be planted. Mayor Matsumoto and Councilman Penna discussed the City's street tree program and encouraged people to have a street tree planted. Mayor Pro Tem Fernekes reiterated that the Planning Commission and Park & Recreation Commission suggested that the provision be a recommendation, not a requirement. Councilman Mullin concurred with Councilman Penna regarding opposition to Section 13.30.120. He felt that a recommendation should not be part of an ordinance, it should either be made a requirement or be omitted entirely; a recommendation is confusing. Councilman Mullin suggested the dead trees along Junipero Serra Boulevard be replaced. He reiterated his prior request that revised documents are easier to track if the modified wording is italicized. Councilman Gonzalez concurred with Councilmembers Mullin and Penna and felt Ordinance Section 13.30.120 will be a burden. He suggested the City start a campaign to encourage residents to plant trees. Ms. Helen O'Connor, 348 Susie Way, stated that Susie Way is in need of trees and suggested the City plant the trees so that they will all be similar. By consensus of Council, Section 13.30.120 was deleted from the ordinance. Motion-Mullin/Second-Penna: To waive reading and introduce an ordinance amending the SSFMC, Section 13.30, entitled Tree Preservation, including the deleted of Section 13.30.120. Unanimously approved by voice vote. (Recess: 9:23 p.m. - 9:33 p.m.) PUBLIC HEARING (Item Nos. 12 and 13 to be considered in reverse order.) Mayor Matsumoto reconvened the Redevelopment Agency for the joint meeting. 13. Conduct a joint public hearing on the proposed Second Amendment to the El Camino Corridor Redevelopment Plan and consideration of the following: a) Resolution certifying Final SEIR, approving Redevelopment Agency's adopted mitigation monitoring program for adopted mitigation measures, and adopting statement of overriding considerations b) Resolution ruling on objections to the proposed E1 Camino Corridor Second Amendment and approving written findings in response to all written objections from property owners and affected taxing agencies c) Resolution finding the provision of low- and moderate-income housing outside of the E1 Camino Corridor Amended Project Area is of benefit to the amended project REGULAR CITY COUNCIL MEETING JUNE 14, 2000 MINUTES PAGE 6 d) Certification of Plan Amendment and Supplemental Environmental Impact Report e) Waive reading and introduce an ordinance adopting the Second Amendment to the E1 Camino Corridor Redevelopment Plan Mayor Matsumoto opened the joint public hearing for the City Council and Redevelopment Agency. Staff report and visual presentation for the Second Amendment to the E1 Camino Corridor Redevelopment Project Area Plan was given by Project Manager Beyer. City Attorney Mattas reviewed the items Council/Agency is to consider and stated that no written objections have been received regarding the plan. He further advised Council/ Agency on the procedures for the public hearing for the Second Amendment to the E1 Camino Corridor Redevelopment Plan and taking comments on the FSEIR. Project Manager Beyer updated Council/Agency on recent correspondence received from the taxing entities, including the San Mateo County Community College District, the South San Francisco Unified School District, and the County of San Mateo. Speakers: Ms. Teresa Delaurenti, 25 Treeside Court, speaking with concern, stated her family owns property at 867-861 Commercial Avenue and questioned why her property was being included in the project area. She stated that she did not receive the public hearing notice and found out about it from a neighbor. Project Manager Beyer responded that he will follow up on the noticing omission. He stated that the 800 block of Commercial Avenue was included because it fronts the Cai Water property. Ms. Delaurenti reiterated her concern stating that being in a redevelopment area will lower the value of her property and real estate disclosure must be made. A lengthy discussion ensued between Council and staff and it was explained that the redevelopment plan improvements will ultimately enhance property value. Mr. Cherian Philip, 177 Valleyview Way, speaking against the amendment and owner of 974 Brusco Way since 1997, stated his objection to being included in the project area. He stated he lost his property at South Lake Tahoe due to redevelopment and there is a direct impact economically by being included. He questioned the noticing process and felt notices should be sent out by certified mail. Project Manager Beyer reviewed the notification process and the community meetings that were held. Councilman Mullin discussed the recent Willow Gardens improvements and stated the area will continue to receive upgrades that will enhance property values. Councilman Penna concurred and stated that discussions regarding the clean-up of blight in the Willow Gardens area has been discussed since 1995. Mr. John P. Jacob, 105 Valleyview Way, speaking against the amendment and owner of 396 Susie Way since 1986, stated his objection to being included in the project area and felt the area looked fine. He suggested the City enforce its codes if there are problems. Several Councilmembers responded to Mr. Jacob's comments stating that the area has REGULAR CITY COUNCIL MEETING JUNE 14, 2000 MINUTES PAGE 7 improved due to the City's efforts in the area and reiterated previous remarks that property owners in the whole area will profit from being included in the redevelopment plan. Public hearing closed. (Cassette Tape No. 2) Councilman Penna questioned the process for excluding property at this point and staff responded that it would delay the plan a year. Councilman Mullin stated his support for the amended plan and its benefits. Mayor Matsumoto stated her support for the amendment and the social issues it addresses, such as senior housing. Councilman Penna stated his support for the amendment and agreed there may be a hardship owning property in a redevelopment area, but only initially, not later on. Mayor Pro Tem Fernekes stated his support for the amendment, the positive aspects of redevelopment, and the advantages the funds give the City as improvements proceed. Councilman Gonzalez stated his support for the amendment, how he has seen redevelopment work in other cities, and the accountability of absentee landlords in the Old Town area has led to many problems. · Staff report for the E1 Camino Corridor Supplemental Environmental Impact Report was presented by Project Planner Allison Knapp. Speakers: Ms. Jackie Williams, 242 Longford Drive, stated her concern is the traffic analyses included in several different documents (General Plan EIR, E1 Camino SEIR, and Costco EIR), that she believes to show conflicting figures for intersections at Junipero Serra/Hickey and Longford/Hickey. She asked for clarification. Ms. Arlyn Purcell, Impact Sciences, discussed the service levels at each of the intersections and stated that Longford Drive was not considered in the El Camino SEIR because it has low levels of traffic. Mr. Mike Crane, Crane Transportation Group, explained the delay calculations for the Junipero SerraJHickey intersection and the mitigation measures that will reduce delays to acceptable levels. Councilman Mullin pointed out that the consultants make conservative estimates and that they look at the worse case scenario during peak travel time. Ms. Williams stated that at some point these intersections will be combined and will be affected by the Costco traffic. Mr. Crane responded that a much larger number of cumulative impacts were studied for this EIR than the Costco EIR, and the Congestion Management Agency of C/CAG is projecting better traffic flow in the year 2010 for Interstate 280. Mrs. Sophie Mason, 10 Arlington Drive, invited Council to drive El Camino Real, between Chestnut and Hickey, on a Saturday afternoon to see how long it takes. She stated her name was spelled incorrectly in the response document and objected to the REGULAR CITY COUNCIL MEETING JUNE 14, 2000 MINUTES PAGE 8 opinion that the E1 Camino/Arlington Drive intersection was too minor to be included in the study. She reiterated her concern that a left turn lane will not be allowed at the E1 Camino/Arlington intersection when it is signalized. Mrs. Mason stated the supplemental response to comments is ambiguous and particularly Section 13F, and that she needs more than three minutes to address all of her concerns. She will submit her comments to staff directly for responses. Councilman Mullin asked for clarification on 13I-2, concreting Colma Creek, which Ms. Purcell agreed was not sufficiently responded to. He stated a concern was also 14.0-6, Pedestrian Safety, and felt the railing was an inadequate mitigation measure. Consulting Engineer Cyrus Kianpour stated the options were limited and the final recommendation was to put the barrier railing behind the curb. Councilman Mullin suggested this item be studied for a possible solution as students from E1 Camino High School will jump over the railing to cross the street. Councilman Mullin asked for clarification on 14.0-8, Off- Site Traffic Noise, and if this mitigation measure plans for the future. Ms. Purcell stated that the measures are intended to do that already, but it will be clarified. Councilman Mullin asked for an update on the archaeological work at the Chestnut/Mission Road site, and Housing & Community Development Manager Fragoso stated soil samples have been taken and a design for evaluation is being reviewed, pursuant to Federal Section 106, environmental reviews. Once the midden is located it will be registered with the State of California. She indicated that other Cai Water sites are not being investigated at this time. (Refer to Redevelopment Agency minutes for action on related resolutions.) Upon completion of discussion, City Attorney Mattas advised Council to take action on the following resolutions and ordinance: Motion-Mullin/Second-Fernekes: To approve Resolution No. 64-2000, adopting findings regarding potentially significant and significant impacts, adopting a statement of overriding considerations, and adopting a mitigation monitoring plan for the El Camino Corridor Redevelopment Plan amendment. Unanimously approved by voice vote. Motion-Fernekes/Second-Gonzalez: To approve Resolution No. 65-2000, finding that the provision of low and moderate income housing both inside and outside of the amended El Camino Corridor Redevelopment Project Area is of benefit to the E1 Camino Corridor Redevelopment Project as amended. Unanimously approved by voice vote. Motion-Gonzalez/Second-Mullin: To waive reading and introduce an ordinance of the City Council of the City of South San Francisco approving and adopting a second amendment to the Redevelopment Plan and for the E1 Camino Corridor Redevelopment Project Area. Unanimously approved by voice vote. Motion-Fernekes/Second-Gonzalez: To approve certifying the E1 Camino Corridor Redevelopment Plan Amendment. Unanimously approved by voice vote. (Recess: 11:28 p.m.- 11:35 p.m.) REGULAR CITY COUNCIL MEETING JUNE 14, 2000 MINUTES PAGE 9 Councilman Penna left his seat at 11:35 p.m. and returned at 11:46 p.m. 12. Oakmont Vistas - Consideration of Negative Declaration (ND-98-054), Planned Unit Development (PUD-98-054), Parcel Map (PM-98-054), Vesting Tentative Subdivision Map (SA-98-054) and Development Agreement (DA-98-054) to allow: 1) a 33-unit single family residential subdivision; 2) a. 173 acre single family residential lot; 3) a 4.9 acre site with uses not presently determined, and 4) a development agreement to provide maintenance assurances for the undeveloped acreage (Owner: Thomas Callan, Jr., Gilbert Anda; Applicant: John Hansen PSC) Public hearing opened. Staff report presented by Director Van Duyn. Speakers: Mr. Jerry Twentyman, 2415 B antry Lane, president of the Westborough Homeowners Improvement Association, voiced his opinion about the three minute time limit for speakers, the condition of the subdrainage system that is a concern of the neighborhood, and stated the new Oakmont Vistas homeowners association will be problematic due to its small membership. Mr. Tony Charvet, 3475 Oakmont Drive, stated his support for the project. Project Engineer Kianpour clarified Mr. Twentyman's concerns regarding the subdrainage system. He stated that existing sanitary and sewer stub-outs will be televised, inspected and pressure tested to be sure they meet today's standards. The subdrain system is difficult to assess. Public hearing closed. Councilman Mullin asked for clarification on Special Conditions of Approval No. 11 regarding the subdrainage system being inspected, repaired and replaced as necessary. A discussion of the condition ensued and Project Engineer Kianpour suggested the language of the condition be modified to state: "the subdivider shall ensure all existing subdrains within the site have been located and have been connected to the subdrainage system so they do not discharge into the adjacent property and that their location has been documented and has been submitted to the City and the homeowner's association for the permanent record." Essentially deleting the words repair and replace. He further explained that any water going to the subdrain system will be intercepted by a pumping system and diverted to a surface drainage system. Councilman Mullin asked for clarification on the property owners responsibility for the drainage and maintenance of the undeveloped parcel. Director Van Duyn stated the property owner has the initial responsibility for two years and will put in the landscaping and improvements. After two years it becomes the homeowners association's responsibility, but development of that parcel will be determined by the end of that two-year period. Councilman Penna felt the burden was not unusual to place upon a homeowners association. REGULAR CITY COUNCIL MEETING JUNE 14, 2000 MINUTES PAGE 10 Further discussion of the drainage system ensued and Director Van Duyn assured Councilman Mullin that there will be improvements to the drainage system, and confident it will not worsen. In response to concerns regarding the three minute time limit for speakers, Councilman Mullin asked that this issue be addressed by Council at a future time. Councilman Penna concurred. Councilman Gonzalez stated his concern is storm water drainage and wanted to be assured that future property owners are not affected. He noticed Parcel 3 had a ditch and Director Van Duyn stated it was the work of consultants who were running exploration tests and it was not ground failure. Mayor Matsumoto commented that it is not easy to get people to serve on a homeowners association and that her association is run by a private company. She also complimented the Police Department for their condition of approval regarding the naming of streets that are easy for children to pronounce. Mayor Matsumoto asked why the landscape plan was changed from temporary to permanent and that it now omits a pathway. Director Van Duyn stated it is not too late to modify the landscape plan and encouraged Council to make their suggestions. Mayor Matsumoto discussed the private streets lacking sidewalks and Director Van Duyn stated that one side will have the minimum standard sidewalk. Parking is not allowed on the street due to their narrow width. Mayor Matsumoto asked for assurance that the area was not susceptible to landslides and Project Engineer Kianpour stated geotechnical studies have been prepared that indicate no potential hazard. Mayor Matsumoto asked if the developer will make a contribution to the Westborough Swimming Pool Fund. Ms. Caroyn Ann Painter, DUC Housing Developers, stated $1000 per unit will be contributed to the fund. Ms. Painter requested the language for Condition No. 11 be modified. After a lengthy discussion of Condition No. 11, Council concurred to modified the wording as previously discussed. Public hearing re-opened. Ms. Esther Young, 2434 Bantry Lane, stated her concern regarding the subdrainage system, that it was not installed correctly, that no one wants to take responsibility, and it is not the responsibility of the homeowners. The drainage problem has to be revealed in real estate transactions. Public hearing closed. Councilman Mullin agreed that the subdrains are probably inadequate, but some of the drainage problems are being addressed and will be reduced by this development. Motion-Mullin/Second-Gonzalez: To approve Resolution No. 66-2000, approving Negative Declaration No. 98-054, PUD-98-054, SA-98-054, and PM-98-054 to allow development of a 33-unit single family residential subdivision, and one single family lot on a 10-acre parcel REGULAR CITY COUNCIL MEETING JUNE 14, 2000 MINUTES PAGE 11 located at the southwesterly corner of Oakmont Drive and Westborough Boulevard in the R- 1-E-P single family residential zone district, including the modification to Condition No. 11 as follows: "Special Conditions of Approval No. 11: The subdivider shall ensure all existing subdrains within the site have been located and have been connected to the subdrainage system so they do not discharge into the adjacent property and that their location has been documented and has been submitted to the City and the homeowner's association for the permanent record." Unanimously approved by voice vote. Motion-Mullin/Second-Penna: To waive reading and introduce an ordinance adopting a development agreement between the City of South San Francisco and Hansen PSC relating to development of a 33-unit single family residential subdivision, and a 10-acre parcel located at the southwesterly corner of Oakmont Drive and Westborough Boulevard in the R- 1-E-P single family residential zone district, including a two year time limit on conducting the geologic studies and the permanent landscaping be planted, rather than temporary. On the question: Councilman Mullin requested the landscape plan be brought back to Council for approval. Motion continued: Motion to include that the landscape plan be brought back to Council for approval. Unanimously approved by voice vote. Ms. Painter reiterated her offer to contribute $33,000 to the Westborough Swimming Pool Fund and Council stated their appreciation. (Recess: 12:57 p.m-l:02 a.m.) Councilman Penna left the meeting at 12:57 p.m. ADMINISTRATIVE BUSINESS Mayor Pro Tem Fernekes stated he will not participate in the discussion due to a potential conflict and stepped down from his seat. 17 Resolution accepting an increase in refuse collection rates effective July 1, 2000, as submitted by the South San Francisco Scavenger Company Staff report presented by Finance Director Steele. Councilman Mullin stated that there is a guarantee that the sewer rates will always remain 5% below the market, and that seniors receive a reduced rate by using a smaller container. He asked for the current status of AB939 50% diversion program, and Ms. Stephanie Uccelli, South San Francisco Scavengers, stated that it was at 41% in 1997, the numbers have dropped since then, but it will be at 50% when the MRF station comes on-line. REGULAR CITY COUNCIL MEETING JUNE 14, 2000 MINUTES PAGE 12 Councilman Gonzalez stated he did not like to raise fees, especially being a new Councilmember. Councilman Mullin explained that the increase is justified and in accordance with their franchise agreement. Councilman Gonzalez recalled Mr. Shattuc's comments regarding the garbage collectors picking up after themselves. Mayor Matsumoto directed staff to pass on Mr. Shattuc's comments. Motion-Gonzalez/Second-Mullin: To approve Resolution No. 67-2000, accepting an increase in refuse collection rates effective July 1, 2000, as submitted by Scavenger Company of South San Francisco. Approved by voice vote. Abstain: Mayor Pro Tem Fernekes. Absent: Councilman Penna. Mayor Pro Tern Fernekes returned to his seat. PUBLIC HEARINGS continued 14. Resolution Approving the Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for Fiscal Year 2000-2001 for the West Park 1 and 2 Parks and Parkways Maintenance District Motion-Fernekes/Second-Gonzalez: To approve Resolution No. 68-2000, approving engineer's report, confirming diagram and assessment, ordering levy of assessment for fiscal year 2000-2001 for the City of South San Francisco West Park l and 2 Parks and Parkways Maintenance District. Approved by voice vote. Absent: Councilman Penna. 15. Resolution Approving the Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for Fiscal Year 2000-2001 for the West Park 3 Parks and Parkways Maintenance District Motion-Mullin/Second-Fernekes: To approve Resolution No.69-2000, approving engineer's report, confirming diagram and assessment, ordering levy of assessment for fiscal year 2000-200l for the City of South San Francisco West Park 3 Parks and Parkways Maintenance District. Approved by voice vote. Absent: Councilman Penna. 16. Resolution Approving the Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for Fiscal Year 2000-2001 for the Willow Gardens Parks and Parkways Maintenance District. Motion-Mullin/Second-Fernekes: To approve Resolution No. 70-2000, approving engineer's report, confirming diagram and assessment, ordering levy of assessment for fiscal year 2000-2001 for the City of South San Francisco Willow Gardens Parks and Parkways Maintenance District. Approved by voice vote. Absent: Councilman Penna. (Item Nos. 17 and 18 were considered earlier on the agenda.) REGULAR CITY COUNCIL MEETING JUNE 14, 2000 MINUTES PAGE 13 ADJOURNMENT Motion-Gonzalez/Second-Fernekes: To adjourn the meeting at 1:17 p.m. Approved by voice vote. Absent: Councilman Penna. Submitted by: Sylvial~I. Payne, City City of South San Francisco Approved: 'Kar~'tsumoto, Mayor City of $.buth San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. REGULAR CITY COUNCIL MEETING JUNE 14, 2000 MINUTES PAGE 14