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MINUTES City of San LcandroS:'!ly Council Spccial Meeling-Decen~)cr 9, 2002 Page 5 Larry NorrYl 2532 Williams Streetl addressed the City Council regarding statements he feels should have been included in the minutes of Novelnher 4, 2002 and stated he expected the minutes to be verbatim. 5. CITY MANAGER AND CITY ATTORNEY REPORTS AND COMMENTS City Manager Jellllanis addressed the matter of the senior care facility heing proposed on Scenicview Drive. Mr. Jennanis stated he and the City Attorney have researched the issuc and Cound there arc State regulations which preclude the City from interfering with the establishment of care facilities in residential areas and which do not require notification to the City of the estah]islunent of such facilities. City AttOlllCY Randolph confinned State statute defines these types of uses as residential uses, which allows the City no control over their zoning. Ms. Randolph stated there is little recourse for the City except to ask the Legislature to change the law. Mr. lermanis stated Assemhlymember Ellen Corhett called him and indicated she would discuss the issue with State officials. Mr. Jellllanis has suggested to Mrs. Busch that she lorward copies ofthe petition Si.6'llatures she has gathered to Assemblymember Corbett and to the property owner so he is made aware oC the concerns of the neighhoring residents. City Manager lermanis addressed the matter of the public hearing on November 4, 2002 regarding the former I ]ohener propeliy. To clear up the confusion regarding the minutes of the meeting, Mr. Jcnnanis stated a verbatim transcript had been requested. City Clerk Marian Handa confirmed a verhatim transcript oC the heating has been completed, and is availahle through the City Clerk's Officc or the Planning Division. Councilmember Loeffler expressed concelll regarding the process for distributing the verbatim transcript. Mayor Young echoed Councilmember Loeffler's concelll. Mr. Jennanis acknowledged the oversight, stating the verbatim transcript of the hearing should have been attached to the action minutes of the lnecting and recommending the transcript be presented to the Council at its next meeting. Mr. Jellllanis stated he believed the draft minutes of the meeting accurately reflected the Council's direction to staff with regard to the project. Mr. Jellllanis noted one of the items included in the Council's action was the condition that the project was not to proceed until there was authorization by the Army Corps of Engineers. The City has received written approval from the Corps to allow certain aspects of the development to proceed. Mr. Jemlanis stated it is important to note the deternlination regarding the alnount of wetlands at the site and where and when development can proceed lies sole]y within the jurisdiction of the Anny Corps of Engineers, and the Corps will continue to monitor the project. ]n the motion adopted by Council on November 4, 2002, the Council instructed staff to return with recommendations for sharing infi)fmation with the community, how tax increment dollars will be allocated through the budget process and when the City will ohtain control of Eden Road [rom the County. The motion adopted hy Council approving the project also included all the conditions recommended by the Planning Commission, including regulating the types ofvehiclcs to be used and reducing traffic on Davis Street. Mr. Jermanis mentioned the Redevelopment Agency is not providing any financial assistance to McMahon Development Company.