HomeMy WebLinkAboutMinutes 2003-12-10 MINUTES
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
SPECIAL MEETING
December 10, 2003
MUNICIPAL SERVICES BUILDING
COMMUNITY ROOM
33 ARROYO DRIVE
1. Call to Order 6:17 p.m.
2. Roll Call Present:
o
°
(Cassette Tape No. 1)
Councilmembers Fernekes, Garbarino and
Gonzalez, Vice Mayor Green and Mayor
Matsumoto
Absent: None
Public Comments None
Interview applicants for the Housing Authority - Council interviewed the following
applicants and questions were consistent with those approved by Council in February:
· Ronald Burgess
· Frank Roman
· Albert Martin
· Harold Molumby
· Eva Cezana
Discussion and appointments to the Housing Authority
Council agreed to vote by ballot with Mr. Harold Molumby receiving the majority of votes for the
unexpired seat of Gary Smith, which is a partial term, and Mr. Ronald C. Burgess receiving the
majority of votes to fill the vacancy left by Jim Claar, which :is considered a full term.
Motion-Garbarino/Second-Femekes: To appoint Mr. Harold Molumby to the Housing Authority,
term expiring March 31, 2004 and to appoint Mr. Ronald Burgess, term expiring March 31, 2007.
Unanimously approved by voice vote.
6. Adjournment
Being no further business, Mayor Matsumoto adjourned the meeting at 6:55 p.m.
Submitted by:
~i~ ~da~P~r5 ck,~e p-~ut~t~C~ Clerk
City of South San Francisco
~%M~avor
City of South San Francisco
MINUTES
REDEVELOPMENT AGENCY
OF THE
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
December 10, 2003
MUNICIPAL SERVICE BUILDING
COMMUNITY ROOM
33 ARROYO DRIVE
CALL TO ORDER
7:00 p.m.
(Cassette Tape No. 1)
ROLL CALL
Present:
Boardmembers Fernekes, Garbarino and
Gonzalez, Vice Chair Green and Chair
Matsumoto
Absent: None
AGENDA REVIEW
PUBLIC COMMENTS
CONSENT CALENDAR
1.
2.
3.
No changes.
None.
Motion to approve the minutes of November 12, 2003
Motion to confirm expense claims of December 10, 2003 in the amount of $12,805.99
Motion to cancel regular meeting of December 24, 2003
Motion-Gonzalez/Second-Garbarino: To approve the Consent Calendar as submitted.
Unanimously approved by voice vote.
ADMINISTRATIVE BUSINESS
o
Resolution authorizing commercial rehabilitation loan agreement for the Royal Theater
Group (Group 4), 211 Linden Avenue, in an amount not to exceed $100,000
Staff Report presented by Housing and Redevelopment Manager Fragoso.
Ms. Dawn Merkes and Mr. David Schnee, 211 Linden Avenue, Group 4 Architecture
thanked Council for their time and consideration of the request of the loan and explained
the history of Group 4 in South San Francisco.
MINUTES
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
December 10, 2003
MUNICIPAL SERVICES BUILDING
COMMUNITY ROOM
33 ARROYO DRIVE
CALL TO ORDER:
7:35 p.m.
(Cassette Tape No. 1)
ROLL CALL: Present:
Councilmembers Fernekes, Garbarino and Gonzalez
Vice Mayor Green and Mayor Matsumoto
Absent: None
PLEDGE OF ALLEGIANCE:
Led by Councilman Garbarino
INVOCATION:
Reverend John Cantley, Grace Covenant Church
PRESENTATIONS
· HIP Housing - Judy Fong, Events Director, thanked Council for their participation in their
organization and presented the 2004 HIP Housing calendars to Council.
Donation from Citigroup Foundation to Project Read - presented by Citibank Vice President
Financial Center Manager Bradley C. Lai and accepted by Literacy Program Manager Holly
Fulghum-Nutters - presentation not made. Literacy Program Manager Holly Fulghum-
Nutters thanked and acknowledged Citibank for their donation of $4,000.
· A Certificate of Recognition presented J.R. Refuerzo as one of the twelve winners of the
2004 HIP Housing calendar.
Municipal Information Systems Association of California Award - presented by Mr. Ron
Kaetzel and accepted by Information Technology Director Hollis. Mr. Kaetzel explained
the criteria for winning the award and how many other cities were involved. Mayor
Matsumoto presented Mr. Kaetzel a T-shirt that made him an honorary member of the South
San Francisco Technology Department.
PUBLIC COMMENTS
None.
AGENDA REVIEW
City Manager Wilson requested that Item No. 5 be pulled from the Consent Calendar and heard
first.
o
Resolution supporting the South San Francisco Caltrain station project and to provide a
grade separation on South Linden Avenue
Public Works Director Gibbs introduced Daryl Maxi, Chief Engineer of Caltrain. Mr.
Maxi gave a brief explanation of the model displayed and gave an update on the project.
Councilman Femekes asked for an explanation of a grade separation. Mr. Maxi
responded that a grade separation eliminates collisions on a roadway or pedestrian walk
way and that the current plan includes a pedestrian overpass.
Responding to Mayor Matsumoto, Mr. Maxi explained that there would be canopy
covered shelters for passengers.
Motion Fernekes/Second-Garbarino: To approve Resolution No. 103-2003 supporting
the South San Francisco Caltrain station project and to provide a grade separation on
South Linden Avenue. Unanimously approved by voice vote.
CONSENT CALENDAR
1. Motion to approve the minutes of November 12, 19, and 25, 2003
Motion to confirm expense claims of December 10, 2003 in the amount of
$3,006,862.99
o
Resolution Nos. 104 and 105-2003 authorizing the new City Treasurer to invest City and
Redevelopment Agency funds in the Local Agency Investment Fund and authorizing the
City Manager to sign forms and the City Clerk to attest to forms required by investment
banking institutions that would be necessary for Richard A. Battaglia to invest and
transfer funds
°
Resolution No. 106-2003 accepting a donation of a television and camcorder for a value
not to exceed $1000 from Samsung Electronics to the Fire Department
o
Resolution No. 107-2003 accepting the Oak Farms Subdivision public improvements for
maintenance
o
Resolution No. 108-2003 approving the San Mateo County-wide Stormwater Pollution
Prevention Program Model Integrated Pest Management Policy
o
Resolution No. 109-2003 authorizing the submission of a joint reapplication for the
Municipal Stormwater NPDES permit dated July 2004-June 2009
°
Resolution No. 110-2003 authorizing the purchase of sculpture "Obelisk" for the Orange
Memorial Park Sculpture Garden in the amount of $18,500
10.
Resolution No. 111-2003 accepting grant funds from the California State Library and
Citigroup Foundation in the amount of $34,802
REGULAR CITY COUNCIL MEETING DECEMBER 10, 2003
MINUTES PAGE 2
11.
Resolution No. 112-2003 authorizing the acceptance of grant funding, from the San
Mateo County Health Services Agency, the Peninsula Partnership for Children, Youth
and Families, and from the Peninsula Community Foundation to support the South San
Francisco Community Partnership for the total amount of $181,682
12.
Resolution No. 113-2003 accepting funds from the Supplemental Law Enforcement
Service Fund Program in the amount of $100,000
13.
Resolution No. 114-2003 authorizing submittal of request for HOME funds from the
San Mateo County HOME Consortium in the amount of $500,000 and designating a
contact person for the City
14. Motion to cancel regular meeting of December 24, 2003
15.
Acknowledgement of proclamations issued: Sam Bonanno, 11/15/03; Gloria Castro
Larrazabal, 11/19/03; Aurelia Lemos Henriques, 12/1/03; Steven L. Ungaretti, City
employee retiree, 12/4/03; Aegis of South San Francisco, 12/5/03; and Robert Easterday,
City employee retiree, 12/10/03
Motion-Green/Second-Gonzalez: To approve Consent Calendar with the exception of
Item No. 5. Unanimously approved by voice vote.
ITEMS FROM COUNCIL
· Community Forum
· Subcommittee Reports
Councilmembers reported on attendance at community events, announced upcoming events and
fundraisers, and acknowledged members of the community for their contributions.
Councilman Gonzalez reported that he attended the Community Preservation Task Force, First
Home Homebuyers Meeting, and breakfast with Representative Tom Lantos.
Councilman Fernekes attended the housing sub-committee meeting with Councilman Gonzalez,
Eagle Scout Court of Honor and commended of Mr. and Mrs. Ng for sponsoring their annual
Thanksgiving breakfast at McDonalds.
Vice Mayor Green attended the Joint Powers Association meeting for Emergency Paramedic
Response.
Councilman Fernekes stated that he had received a complaint regarding Comcast; he passed it
on to Finance Director Steele.
Mayor Matsumoto commented on the Bay Trail and urged the public to enjoy it.
PUBLIC HEARING
16. Consideration of appeal of Planning Commission approval of residential planned unit
development permit modification and related approvals, including Mitigated Negative
Declaration, allowing a lot split and a new single dwelling at 22 Vista Court in the
REGULAR CITY COUNCIL MEETING DECEMBER 10, 2003
M1NUTES PAGE 3
Single Family Residential Zone District; PO 1-0019, PUD02-0019, SA02-0019, DR02-
0019 and MND02-0019; Owner: Frank & Nannette Diokno
Councilman Fernekes noted that he met with representatives on both sides of the issue.
Public heating opened.
Staff Report and Power Point presentation given by Chief Planner Tom Sparks.
(Copy of presentation presented to Council.)
Speakers:
Ms. Amelia Abalos, 106 Valleyview Way, speaking against the item, explained her
issues with the project on Vista Court, which included infringement of privacy, and loss
of sunlight. Ms. Abalos voiced her concerns against the Planning Commission and as to
why the project was approved. Ms. Abalos requested Council to approve the denial of
the project. (Copy of additional information presented to Council.)
Assistant City Attorney Johnson stated that the applicant and speakers are to speak only
on the issues that were brought before the Planning Commission.
Mrs. Nannette Diokno, 22 Vista Court, owner, and applicant presented the project
through a Power Point presentation. An overview of the project was given, which
included the revision to the original plan. (Copy of presentation presented to Council.)
Mr. Michael Valencia, Ross, Hackett, Dowling, Valencia & Walti Attorneys, 600 E1
Camino, San Bruno, attorney for the applicants explained how the Dioknos' conformed
to the by-laws and CC&R's of the Westborough Homeowners Association, modified the
original plan, and explained how they have a tight to sub-divide and build on their land.
Due to the number of speakers, Mayor Matsumoto requested that public comments be limited to
three minutes and that the speakers should not repeat what others have said.
The following speakers, speaking against the proposed project at 22 Vista Court,
reiterated the previous speakers concerns. Insufficient parking, obstruction of views,
loss of privacy, erosion, grading, health and safety issues with regard to landslides, and
safety during construction were added as issues of concern.
Mr. Gary Belaga, 21 Vista Court
Mr. Jamil Rey, 23 Vista Court
Mr. Frank Acob, 19 Vista Court
Mr. Dennison V. Raval, 108 Valleyview Way
Ms. Zita Rey, 23 Vista Court
Ms. Cecilia Belaga, 21 Vista Court
Mr. Donald Louie, 17 Vista Court
Mr. Alexander Desuasido, 2563 Olmstead Court
Ms. Brenda Leus, 157 Appian Way
Mr. Cesar Formoso, 111 Valleyview Way
Ms. Vivian Ramos, 25 Seville Way
REGULAR CITY COUNCIL MEETING DECEMBER 10, 2003
MINUTES PAGE 4
Mr. Gordon Loo, 22 Sunrise Court
Mr. Chito Desuasido, 26 Vista Court
Public hearing closed.
(Recess: 9:28 p.m. - 9:38 p.m.)
Vice Mayor Green asked if the original plans were altered at the request of the Planning
Commission or the neighbors. Chief Planner Sparks responded that the Planning
Commission had requested that the roof be lowered.
Mr. William Zeirbach, Engineer, Earth Systems, 47853 Warm Springs Blvd., Fremont
explained the cuts and fills of the existing slope.
Chief Planner Sparks confirmed that the property was safe to build on and that the
original developer chose not to build on the lot.
Councilman Garbarino reiterated the same concerns as Councilman Green and
questioned if the neighboring slopes were of different degrees. Chief Planner Sparks
explained that they are the same. Councilman Garbarino's comments included that the
neighbors need to deal with the Westborough Homeowners Association separately and
that their garages should not be used for storage.
Councilman Garbarino questioned why none of the neighbors spoke up at the August 6,
2003 Westborough Homeowners Association meeting. Amelia Abalos explained that
she and the neighbors attended, but that their comments were not reflected in the
minutes.
In response to Councilman Garbarino's concern regarding the slope, Teo Tan, land
surveyor and civil engineer explained how the degrees of the slope were measured and
that the slope was 42-45 degrees.
Councilman Gonzalez questioned the erosion on the property before and after the
grading. Teo Tan gave a brief explanation on how the water would be controlled on the
slope.
(Cassette Tape No.2)
Councilman Femekes asked staff what allowed the lot to be sub-divided; Chief Planner
Sparks responded that it meets all State Planning Law requirements. In response to
Councilman Femekes' question regarding the issues of safety, Chief Planner Sparks
responded that the main concerns are geology and hydrology because of the steep slope.
Assistant City Attorney Johnson explained the focus of the appeal of the Planning
Commission.
Vice Mayor Green questioned if any home built to the current standards ever slid in
South San Francisco. City Manager Wilson clarified that not since the 1970's when a
house slid off its foundation.
REGULAR CITY COUNCIL MEET1NG DECEMBER 10, 2003
MINUTES PAGE 5
In response to Councilman Garbarino's question regarding the depth of the piers, Mr.
Zeirbach explained that the piers would be between 12 and 15 feet.
Mayor Matsumoto asked for a clarification of "safety," Chief Planner Sparks explained
that the building codes provide for safe structures which include health and safety.
In response to Mayor Matsumoto's comment regarding the soils report of 2003, Chief
Planner Sparks explained that there was no substantial difference between the original
and the 2003 soils report.
Chief Planner Sparks confirmed that the water would be collected in the storm drain
system.
Vice Mayor Green questioned if general contractors have bonds in place before
construction, Chief Planner Sparks responded that the applicants would be referred to
the Engineering Department.
Councilman Femekes noted that he did not find any "findings" in the appeal.
Motion-Fernekes/Second-Gonzalez: To deny the appeal of Planning Commission
approval of residential planned unit development permit modification and related
approvals, including Mitigated Negative Declaration, allowing a lot split and a new
single dwelling at 22 Vista Court in the Single Family Residential Zone District; P01-
0019, PUD02-0019, SA02-0019, DR02-0019 and MND02-0019; Owner: Frank &
Nannette Diokno. Unanimously approved by voice vote.
ADMINISTRATIVE BUSINESS
17.
Resolution authorizing the purchase and sale agreement for the property located at 178-
190 Airport Boulevard and amending the Parking Place District budget to appropriate
funds for the acquisition
Staff Report presented by City Attorney Mattas and an explanation of the final purchase
and sale agreement was given.
Vice Mayor Green questioned what would happen if the applicant did not agree with the
agreement, City Attorney Mattas explained that the agreement could be modified at a
later date.
Motion-Gonzalez/Second-Garbarino: To approve Resolution No. 115-2003 authorizing
the purchase and sale agreement for the property located at 178-190 Airport Boulevard
and amending the Parking Place District budget to appropriate funds for the acquisition.
Unanimously approved by voice vote.
CLOSED SESSION
18.
Conference with legal counsel - anticipated litigation: significant exposure to litigation
pursuant to Subdivision (b) of Government Code Section 54956.9: one case
REGULAR CITY COUNCIL MEETING DECEMBER 10, 2003
MINUTES PAGE 6
Time entered into Closed Session:
Time reconvened into Open Session:
Report from Closed Session:
10:26 p.m.
10:55 p.m. All Councilmembers present.
Direction given/no action taken
ADJOURNMENT
Being no further business, Mayor Matsumoto adjourned the meeting at 10:55 p.m.
Submitted by:
/-
Linda Patrick, Deputy City Clerk
City of South San Francisco
App' r°Ve.a~t" um~ot o~Ma
~ , yor
City of'South San Francisco
REGULAR CITY COUNCIL MEETING DECEMBER 10, 2003
MINUTES PAGE 7