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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