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HomeMy WebLinkAboutMinutes 1985-02-13Mayor Richard A. Haffey Vice Mayor Roberta Cerri Teglia Council: Mark N. Addiego Emanuele N. Damonte Gus Nicolopulos MINUTES City Council Municipal Services Building Community Room February 13, 1985 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 13th day of February, 1985, at 7:00 p.m., in the Municipal ServiCes Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Dated: January 31, 1985 Closed Session for the purpose of the discussion of pecsonnel matters, labor relations and litigation. Rich ffey, City of South~San sco AGENDA SPECIAL MEETING CALL TO ORDER: ROLL CALL: (Cassette No. 1) Closed Session for the purpose of the discussion of pe.rsonnel matter~, labor relations and 1 i ti gatl on .' RECALL TO ORDER: ADJOURNMENT: ACTION TAKEN SPECIAL MEETING 7:03 p.m. Mayor Haffey presiding. Council present: Council absent: Addiego, Teglia~ Damonte and Haffey. Nicolopulos Council adjourned to a Closed Session at 7:04 p.m. to discuss the items noticed. Mayor Haffey recalled the meetlng to order at 7:30 p.m., all Council presentj no action taken. M/S Teglia/Damonte - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment 7:41 p.m. 2/13/85 Page 1 ACTION TAKEN AGENDA RESPECTFULLY SUBMITTED: Barbara A. Battaya, City ~/erk City of South San Francisco APPROVED: 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. 2/13/85 Page 2 Mayor Richard A. Haffey Vice Mayor Roberta Cerri Teglia Council: Mark N. Addiego Emanuele N. Damonte Gus Nicolopulos AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE: INVOCATION: P~ESENTATIONS PROCLAMATION - BOY SCOUTS OF AMERICA 75TH ANNIVERSARY AGENDA REVIEW City Hanager Birkelo requested: - Item No. 16 be removed from the Consent Calendar. - Item No. 19 be removed from the Consent Calendar. ORAL COMMUNICATIONS MINUTES City Councll Municipal Services Building Community Room February 13, 1985 8G ACTION TAKEN 7:31 p.m. Mayor Haffey presiding. Council present: Council absent: Addiego, Teglia, Damonte and Haffey. Nicolopulos The presentation of colors was made by Monte Verde Troop 183 and the pledge of allegiance was recited. The invocation was given by Pastor Steve Martinson of Hillside Church of God. PRESENTATIONS Mayor Haffey presented the Proclamations honoring South San Francisco Scout Leaders: Steve Satterlee, Warren Colbert, Dijay Gupta, Donald Pittman~ Donald Sowers, Dean Varni, Philip McHale, Gerald Simotas, Joel Sandoval, James Titus, Cliff Butler and Dale Olson. He also presented a Proclamation to Vincent Wright and praised the achievements of the Boy Scouts. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Mr. Jim Keegan, 1244 Crestwood Dr., requested that the Council open the Public Hearing on Item 32 and hear testi- mony and continue the item to the 2/27/85 meetingwithout closing the hearing to allow others to give input who were not in attendance tonight. Mr. Lawrence Pera, 758 Baden Avenue, spoke of being persecuted by the Police 2/13/85 Page 1 AGENDA ACTION TAKEN 8? ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Minutes of the Adjourned Regular, Meeting of 1/16/85, Special Meeting of 1/23/85, Regular Meeting of 1/23/85, Adjourned Regular Meeting of 1/30/85 and Special Meeting of 2/6/85. Staff Report 2/13/85 recommending by Motion to approve payment of $764.99 to Gary Allard/State Farm Insurance Company for alleged dama- ges to Claimant's vehicle when struck by a City Fire Truck. Staff Report 2/13/85 recommending by Motion to approve payment of $242.42 to Carrie Tronvig for alleged damages to her vehicle as the result of an incident involving a Police vehicle. e Staff Report 2/13/85 recommending by Motion to approve payment of $901.85 to Housing Authority of the County of San Mateo for alleged ORAL COMMUNICATIONS and Sheriff; that the booklet from the Chamber of Commerce had incorrect phone numbers listed; that the City was catering to the rich by putting sewer lines into the unincorporated areas of land within the City that belonged to the County; he questioned who had paid for the new sewer lines and whether a former Councilmember would benefit from the installation. Councilman Addiego stated that the impro- vements were being done at the expense of the property owners. COMMUNITY FORUM Councilman Damonte stated that he had seen the 911 system in operation in the Communications Department and requested that Staff look into sending out stickers on the program to each resident. CONSENT CALENDAR Approved. Approved. Approved. Approved. 2/[3/85 Page 2 AGENDA ACTION TAKEN CONSENT CALENDAR 4. Staff Report - Continued. damages to claimant's automobile as the result of an accident involving a Police vehicle. Staff Report 2/13/85 recommending: 1) Motion to approve the applica- tion for leave to file late claim by Blane Ashby, alleging damage to her automobile when hit by a City Fire truck; 2) Motion to approve payment of the claim in the amount of $436.10. Staff Report 2/13/85 recommending adoption of a Resolution approving plans and specifications, authorize the work and call for bids for the 1984-85 Slurry Seal Project No. ST-84-3. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR 1984-85 SLURRY SEAL PROGRAM, PROJECT NO. ST-84-3 Staff Report 2/13/85 recommending adoption of a Resolutionapproving plans and specifications, authorize the work and call for bids for the 1984-85 Street Resurfacing Project No. ST-84-2. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR 1984-85 STREET ~ESU~FACING PROGRAM, PROJECT NO. ST-84-2 Staff Report 2/13/85 recommending adoption of a Resolution author- izing execution of Supplement No. 5 to Agreement~wlth Group 4/ Architecture, Research and Planning, Inc. for their services on the Civic Center Renovation Project Phase II, Project No. PB-81-2A. CONSENT CALENDAR 1) Approved application for leave to file late claim; 2) Approved payment. RESOLUTION NO. 25-85 RESOLUTION-NO. 26-85 2113185 Page 3 AGENDA ACTION TAKEN CONSENT CALENDAR 8. Staff Report - Continued. A RESOLUTION AUTHORIZING EXECUTION AND APPROVAL OF SUPPLEMENT NO, 5 TO THE AGREEMENT TO FURNISH ARCHITECTURAL AND RELATED DESIGN SERVICES TO THE CITY OF SOUTH SAN FRANCISCO Staff Report 2/13/85 recommending adoption of a Resolution approving plans and specifications, author- ize the work and call for bids for the Civic Center Renovation Project Phase II, Project No. PB-81-2A. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR CIVIC CENTER RENOVATION - PHASE II~ PROJECT NO. PB-81-2A Staff Report 1/23/85 recommending adoption of a Resolution of Intention to vacate Industrial Way and a portion of East Grand Avenue and calls for a Public Hearing on 3/13/85. A RESOLUTION OF INTENTION TO VACATE INDUSTRIAL WAY AND A PORTION OF EAST GRAND AVENUE 11.' Staff Report 2/13/85 recommending by Motion to accept as complete the Linden and Miller Avenues Traffic Signal Modifications, Project No. TR-83-2 in accordance with approved plans and specifications. 12, Staff Report 2/13/85 recommending by Motion to accept as complete the Catch Basin Modifications Project No,~ SD-84-1 in accordance with approved plans and specifications. 13. Staff Report 2/13/85 recommending by Motion to accept as complete the East Grand Avenue Improvements Project No. ST-83-3 in accordance with approved plans and specifica- tlons. CONSENT CALENDAR RESOLUTION NO. 27-85 RESOLUTION NO. 28-85 Removed from the Consent Calendar for discussion by Councilman Addiego,' Approved. Approved. : og° Approved. 2/13/85 Page 4 AGENDA ACTION TAKEN CONSENT CALENDAR 14. Staff Report 2/13/85 recommending adoption of a Resolution amending Resolution No. 3812, as amended, which establishes certain traffic regulations in accordance with Chapter 11.28 of the South San Francisco Municipal Code which designates the intersection of Miller Avenue and Eucalyptus Avenue as an intersection at which vehicles are required to stop. A RESOLUTION AMENDING RESOLUTION NO. 3812, AS AMENDED, WHICH ESTAB- LISHES CERTAIN TRAFFIC REGULATIONS IN ACCORDANCE WITH CHAPTER 11.28 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE 15. Staff Report 2/13/85 recommending adoption of a Resolution approving the purchase of rights?f-way and authorizing the execution of Real Property Contracts. A RESOLUTION AUTHORIZING THE PURCHASE OF RIGHTS-OF-WAY FROM LOUIS J. AND NATALIA J. POLETTI AND ELIAS S. HANNA (PRODUCE AVENUE WIDENING IMPROVEMENT - PROJECT NO. ST-83-5) Staff Report 2/13/85 recommending adoption of a Resolution author- izing t~e County Island Fire Protection Fee Agreement. A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION OF A FIRE PROTECTION FEE A~REEMEN? Staff Report 2/13/85 recommending by Motion to authorize the Purchasing Officer to purchase th. rough the State of California 14 pick-up trucks and to sell the surplus vehicles by auction or seal ed bi ds. Staff Report 2/13/85 recommending adoption of a Resolution approving CONSENT CALENDAR RESOLUTION NO. 29-85 RESOLUTION NO. 30-85 Removed from Agenda under Agenda Review. Approved. /13/~5 age b AGENDA ACTION TAKEN CONSENT CALENDAR 18. Staff Report- Continued. the destruction of certain records of the Police Department. A RESOLUTION APPROVING DESTRUCTION OF CERTAIN RECORDS OF THE SOUTH SAN FRANCISCO POLICE DEPARTMENT IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 34090, 34090.6 AND PENAL CODE SECTION 832.5 19,¸ Staff Report 2/13/85 recommending by Motion to accept as complete the Buri Burl Lighting Project in accordance with approved plans and specifications. Staff Report 2/13/85 recommending adoption of a Resolution for award of contract for the Hickey-Junipero Serra Intersection Improvements Project TR-83-Ta. A RESOLUTION OF AWARD OF CONTRACT FOR THE HICKEY AND JUNIPERO SERRA BOULEVARDS INTERSECTION IMPROVEMENTS, PROJECT NO. TR-83-TA 21.¸ Adoption if a Resolution exp?ssing appreciation to Donald J. Grimes for his service to the City as a Planning Commissioner. A RESOLUTION EXPRESSING APPREC- IATION TO DONALD J. GRIMES 22. Adoption of a Resolution expressing appreciation to Robert Mantegani for his service to the City as a Planning Commissioner. A RESOLUTION EXPRESSING APPREC- IATION TO ROBERT MANTEGANI Adoption of a Resolution expressing appreciation to Edward J. Rickenbacher for his service to the City as a Recreation Commissioner. A RESOLUTION EXPRESSING APPREC- IATION TO EDWARD J. RICKENBACHER CONSENT CALENDAR RESOLUTION NO. 31-85 Removed from Agenda under Agenda Review. RESOLUTION NO. 32-85 RESOLUTION NO. 33-85 RESOLUTION NO. 34-85 RESOLUTION NO. 35-85 2/13/85 Page 6 AGENDA ACTION TAKEN CONSENT CALENDAR 24. Adoption of a Resolution expressing appreciation to John A. Tamburini for his service to the City as a Recreation Commissioner. A RESOLUTION EXPRESSING APPREC- IATION TO JOHN A. TAMBURINI 25. Adoption of a Resolution expressing appreciation to Victor Feudale for his service to the City as a Housing Authority Commissioner. A RESOLUTION EXPRESSING APPRECIATION TO VICTOR FEUDALE Adoption of a Resolution expressing a.ppreciation to Donald R. Cordo for his service to the City as a Personnel Board Commissioner. A RESOLUTION EXPRESSING APPREC- IA%ION TO DONALD R. CORDO Adoption of a Resolution expressing a,pprecla.tion to Aldo.DeTomasi for his service to the C~ty as a Personnel Board Commissioner. A RESOLUTION EXPRESSING APPREC- IATION TO ALDO DETOMASI Adoption of a Resolution expressing appreciation to Marie Peterson for her service to the City as a Library Board Commissioner. A RESOLUTION EXPRESSING APPREC- IATION TO MARIE PETERSON CONSENT CALENDAR RESOLUTION NO. 36-85 RESOLUTION NO. 37-85 RESOLUTION NO. 38-85 RESOLUTION NO. 39-85 RESOLUTION NO. 40-85 M/S Addiego/Teglia - To approve the Consent Calendar with the exception Items No. 10, 16 and 19. Carried by unanimous voice vote. 2/13/85 Page 7 AGENDA ACTION TAKEN 10. Staff Report 1/23/85 recommending adoption of a Resolution of Intention to vacate Industrial Way and a portion of East Grand Avenue and calls for a Public Hearing on 3/13/85. ~ ARESOLUTION OF INTENTION TO ~,0 VACATE INDUSTRIAL WAY AND A PORTION OF EAST GRAND AVENUE Councilman Addiego suggested, take each Board at a separate me, ting to present the incoming amd outgoing Commissioners to the residents. APPROVAL OF THE BILLS 29. Approval of the Regular Bills of 2/13/85. CITY MANAGER Staff Report 2/13/85 recommending: 1) Motion to waive further reading of the Ord{nance; 2) Motion to introduce the Ordinance which adds the position of Secretary to the City Manager. 1st Reading/Introduction AN ORDINANCE AMENDING SUBSECTION 3.12.010A(1) AND B OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SUB- SECTIONS 6(A) AND 6B OF ORDINANCE 449. ENTITLED "AN ORDINANCE RE- CREATING AND RE-ESTABLISHING A PERSONNEL SYSTEM FOR THE CITY OF SOUTH SAN FRANCISCO AND REPEALING ORDINANCE 216 AND ALL INCONSISTENT ORDINANCES" Councilman Addiego questioned if this easement was the same one that affected the Warmington Development. Deputy City Manager/City Engineer Yee stated that yes it was and that the fee owner was Homart Development Company. M/S Addiego/Damonte - To adopt the Resolution which calls for a Public Hearing on 3/13/85. RESOLUTION NO. 41-85 Carried by unanimous voice vote. Mayor Haffey stated that the presen- tations to former Board Commissioners would begin at the first meeting {n March. APPROVAL OF THE BILLS M/S Damonte/Addiego - To approve the Regular Bills in the amount of $1.090.292.31. Carried by unanimous voice vote. Councilman Addiego did not participate or vote in the matter of the claim of Brentwood Market. CITY MANAGER City Clerk Battaya read the title of the Ordinance in its entirety. M/S Damonte/Teglia - To waive further reading of the Ordinance. Carried by unanimous voice vote.' M/S Damonte/Teglia - to introduce the Ordinance. Carried by unanimous voice vote. 2/13/85 Page 8 AGENDA ACTION TAKEN -' PLANNING Staff Report 2/13/85 recommending by Motion to approve the Precise Plan to construct a chandlery building, boat yard, landscaping and related improvements on Parcel E of the Oyster Point Marina (PP-85-6/John Penna). 32. Public Hearing - South Slope Geotechnica) Amendment to the San Bruno Area Habitat Conservation Plan and Amendment RPT 2-9818 Endangered Species Act (Section lO(A) Permit Supplemental Environ- mental Impact Report and Environ- mental Assessment Draft. Staff Report recommending: 1) Open the Public Hearing and hear testi- monyi 2) Continue the Public Hearing to the Council meeting of 2/27/85 and the adoption of three Resolutions. A RESOLUTION ADOPTING FINDINGS AND STATEMENT OF FACTS SUPPORTING FINDINGS PURSUANT TO CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL ASSESSMENT SUPPLEMENT FOR THE SOUTH SLOPE GEOTECHNICAL AMENDMENT TO THE HABITAT CONSERVATION PLAN FOR SAN BRUNO MOUNTAIN (14 CAL. ADM, CODE SECTIONS 15091, 15092 AND 15096) A RESOLUTION ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS RELATED TO APPROVAL OF THE SOUTH SLOPE GEOTECHNICAL AMENDMENT TO THE HABITAT CONSERVATION PLAN AND SECTION lO(a) PERMIT (14 CAL. ADMIN. CODE .SECTION 15093) PLANNING Senior Planner Christians stated that this was a precise plan for John Penna to construct a chandlery building on Parcel E of the Oyster Point Marina which included a facility for boat repair, boat service, a display room, utility room, etc. He stated that it had storage for approximately 24 boats and 21 vehicles and recommended that Council approve PP-84-6 subject to the five findings and 4 conditions in the Staff Report. M/S Teglia/Damonte - To approve the Precise Plan with all of the conditions incorporated in the Staff Report. Carried by unanimous voice vote. Mayor Haffey stated that a question had been raised under Oral Communications by Mr. Keegan concerning the continuance of the Public Hearing. He stated that Council had had a special meeting last week on that subject and at that time it was decided by the Council to hold the Public Hearing this evening, hear testi- mony, close the Public Hearing, have Council discussion and continue the hearing to the February 27, 1985 meeting. He stated that that had been decided as a courtesy to a Councilmember who was on vacation and would have the opportunity to listen to tonight's tape during the interim and be able to vote on the item on the 27th. He questioned whether the Council wanted to go with the procedures established last week or go with Mr. Keegan's suggestion. Councilman Addiego stated that he remem- bered from the special meeting that Council would hold the vote over to the 27th, however he did not remember any other specifics on the conversation to the effect that the public portion of the meeting would be closed. He stated that in fairness to Councilman Nicolopulos there should be one last chance on the 27th for the citizens to speak again. Councilman Damonte stated that he did not see any harm in keeping the hearing open, 2/13/85 Page 9 AGENDA ACTION TAKEN PLANNING 32. Public Hearing - Continued. Staff Report 2/13/85 - Continued. A RESOLUTION APPROVING AND AUTHOR- IZING EXECUTION OF AN AMENDMENT TO THE SAN BRUNO MOUNTAIN AREA HABITAT CONSERVATION PLAN TO PERMIT SITE- SPECIFIC GEOTECHNICAL REPAIRS PLANNING however he did not want to go over the same details on the 27th that were pre- sented tonight. Mayor Haffey stated that the open hearing would be continued until the 27th and wanted to avoid repetitious testimony at the next meeting. He then opened the Public Hearing for Staff input and then listen to presentations for and then against the Amendment. City Manager Birkelo stated that there would be Staff Reports by the City and County Staff members and geotechnical and biological consultants. He stated that City Attorney Rogers would explain the substance and effect of the three Resolutions before Council; City Planner Gorny would given the City Planning Staff Report; San Mateo County Habitat Conservation Plan Manager Bill Rozar will review the lead agency's action in cer- tifying the EIREA in this matter; Dr. Roger Foot, Managing Partner Dames & Moore will present a brief summary of his firm's geotechnical assessment and recom- mendations for slope repairs; Mr. Thomas Reed, Biological Consultant, will review the EIREA findings, particularly with respect to the Habitat Conservation Plan impacts. He proceeded to review some of the past actions which had led up to the hearing tonight: In late 1980 the City and County entered into discussions relating to implementation of County and City General Plan provisions for housing deve- lopments on the lower portions of San Bruno Mountain; In 1981W. W. Dean sub- mitted Concept Plans for Terrabay Development, which were considered by the City and County jointly and separately leading up to joint City/County approval on the Concept Plan on 9/24/81. He stated that the informal and formal public hearings related to the Concept Plan generated considerable public interest, which led to the submission 0¢ 2/13/85 Page 10 AGENDA ACTION TAKEN PLANNING 32. Public Hearing - Continued. PLANNING an initiative petition and the City Council set a special election to vote on a proposal to prohibit the City from pro- viding municipal services to the South Slope of San Bruno Mountain - unless it were left in open space status. He stated that this proposal was rejected by 58% of the voters in the Special Election of 10/6/81. He stated that concurrently with con- sideration of development plans the County, the City of South San Francisco; Cities of Brisbane and Daly City together with State and Federal agencies thoroughly considered a plan to protect and enhance butterfly species on the Mountain in con- junction with allowing housing develop- ment. He continued, these discussions led to the adoption of the Habitat Conservation Plan on 11/15/82 by the South San Francisco City Council and eventually by all other agencies. He stated that in December of 1982 the City Council approved the specific plan for Terrabay which included the provision that detailed soil and geotechnic studies would be prepared at the Developer's expense and that their recommendations be implemented before any building per- mits could be issued for each phase of the Plan. He continued, the Project Sponsor was required to present satisfac- tory evidence that the project elements are designed and engineered to preclude potential problems related to group slip- page and landslides, erosion and storm drainage within the City limits. He stated that initial soils and geotech- nical work led to the formation of the joint powers authority by the City and County to construct and maintain catch- ment basins above the project to collect water and debris from upper slopes which was done June 15, 1983. He continued; further geotechnic assessment concluded that further work would be required in upper slope areas, and that some of the work needed to be done in areas which the Habitat Conservation Plan required to be 2113/85 Page 11 AGENDA PLANNING 32. Public Hearing - Continued. ACTION TAKEN PLANNING left in an undisturbed status. He stated that now the Council was being asked to approve an amendment to the Habitat Conservation Plan to allow for slope repair work on a portion of the Habitat area and to select one of the several al ternatives as the most suitable for accomplishing this. City Attorney Rogers stated that the action pending before Council wax the adoption of three resolutions: 1) A Resolution that adopts required findings and a statement of fact for those fin- dings which are required by the guideli- nes under the California Environmental Quality Act before you approve a project that is going to potentially have a significant adverse effect on the environment and the idea was to iden- ti fy those effects, to identify ways to mitigate those effects. He stated that the specific findings contained in the first resolution would be referred to as findings 1 and 3 throughout the resolu- tion and that Finding 1 was that chan. ges or alterations have been required in, or incorporated into the project which avoid or substantially_ lessen the signlficant environmental effects as identified in the final EIR supplement. He stated that Staff was not going to request that Council make finding No. 2. He stated that the third finding is that specific economic, social or other considerations make infeasible the mitigation measure or project alternatives identified in the final EIREA supplement. He stated that there were eleven alter- natives set forth in the EIREA supplement in addition to the no project alternative to be considered. He spoke in detail of the history of the project of the HCP and the function of the Habitat Plan, the effects on the mountain from landslides as defined in the Resolution. He stated that areas would change /Z3/SS Page 12 ACTION TAKEN AGENDA PLANNING 32. Public Hearing - Continued. PLANNING with this proposed project, the repair work was biological, visual and geologi- cal and that Council would be asked to make findings on the biological and the visual. He stated that the preliminary finding on the geological is that the proposed project itself is a mitigation measure and as such is not going to have a significant adverse affect geologically on the mountain. He stated that if the Council could not make the findings in the first resolution, then the second resolution made a statement of overriding con- siderations which justify the project without mitigating some of the environ- mental impacts. He continued, the idea was that the Council had to balance the benefits of the project against some of the negative effects that Council was not perhaps mitigating. He stated that it discussed what the Habitat Conservation Plan was intended to accomplish in the form of preserving endangered species and the species of concern; findings of the biological consultant included in the EIREA Supplement and his conclusions about the geotechnic repair activity and its effect on the Habitat; a drainage system to handle run off from the moun- tain to stop the flooding of the areas east of the mountain; that the project itself would repair areas of potential landslide from becoming a potential hazard in the future. He stated that the final resolution approves and authorizes the execution of an amendment to the Habitat Conservation Plan, the agreement with respect to that Plan. City Planner Gorny gave background information on City and County actions taken; that alternative No. 2 was the proposed project and cited why it was preferable; that alternative No. 4 was also acceptable and eliminated 19 dwelling units; that alternative No.'8 2/13/85 Page 13 AGENDA PLANNING 32. Public Hearing - Continued. ACTION TAKEN 99 PLANNING was marginally acceptable and eliminated 57 units; environmental impacts through biology, geology and visual; environmen- tal mitigation; geology soil s and hydro- logy; and aesthetics wherein the benched slopes should conform to the natural topography with revegetation. Mr. Bill Rozar, San Mateo County Habitat Conservation Plan Manager, gave a visual presentation of the sites of South Slope Terrabay Project, County Park, Juncus Ravine, Northeast Ridge, Guadalupe Canyon. He exhibited slides delineating major features of the project, the lineal park, Terrabay Village, Terrabay park~ fire station and recreation center which were predominantly below the major slide areas. He showed slides of Terrabay Commons which has slide area 3 above it; the commercial area, offices, restaurant, health club, hotel and tech center. He spoke of the geology which had been put into the EIR because of the landsli- des depicted which had not been known earlier and required the amendment to be passed. He stated that the City and the Board had adopted mitigation measures having to do with landslides. He stated that they were studying an EIR supplement on the mitigation measures which was the case with eleven alternatives, of which some severely impacted the project. He spoke of retaining walls proposed of 210' length and engineering back fill and the elimination of units in some of the alternatives which he described in addi- tion to the impacts on the butterflies and he detailed the alternatives. Dr. Roger Foot, Managing Partner Dames & Moore, stated that his firm had prepared a geological review of the entire deve- lopment and set up a team to include mem- bers with extensive experience with hillside engineering. He stated that data was compiled on engineering and development plans for the entire project 2/[3/85 Page [4 AGENDA PLANNING 32. Public Hearing - Continued. ACTION TAKEN PLANNING and made an independent review of the project as proposed (Alternative 2). He stated that there was potential for geotechnical problems whenever hillside development takes place and recommended methods to reduce any potential problems; questioned whether it was possible to reduce the size of some of the hillside cuts; whether there were alternative methods of creating existing landslide areas, and whether changes in road grades and number of lots could possibly reduce whatever problems exist. He stated that those recommendations and suggestions were put to the Developer and there followed an intense period during which the Developer's Engineers did a detailed and extensive review of the pro- ject to try and meet the objectives pro- posed. He stated that it resulted in a conclusion that some of the existing landslide areas could be corrected by using retaining walls and by eliminating house lots instead of by striping and reforming large areas of the hillside as proposed in alternative No. 1. He stated that it also concluded that one of the flood retention basins could be relocated to take better advantage of the natural protection which was offered by the hillside contours; that the conclusion was that some of the large cuts could be reduced in size by both revising street grades and by eliminating house lots; that these modifications were incor- porated in the alternatives in submission and it was felt that alternative was the ultimate proposed; that another result of the review was an agreement by all concerned that a detailed implemen- tation by the geotechnical aspects of the site development was essential and would include five points: 1) additional borings; 2) instrumentation of areas of the hillside prior to excavation taking place to monitor the slope behavior when the cuts are formed; 3) predeflned con- tingency measures to improve slope stabi- lity in the event that local weak areas 2/13/85 Page 15 AGENDA ACTION TAKEN PLANNING 32. Public Hearing - Continued. Cassette No. 2 PLANNING are open with agreed procedures to imple- ment these measures; 4) construction control program to monitor and check the adequacy of the site development work as performed; 5) there will be a staged program of house construction in alter- native 2 which will delay construction close to key slope cuts for at least one year to allow direct observation of slope stability before the house sites are finalized, etc. Mr. Tom Reid, Consultant to San Mateo County, stated that he had assisted in carrying out the Habitat Conservation Plan and assessing the environmental impacts of the HCP Amendment. He pro- ceeded to show slides of the aerial view of the South Slope and spoke of the endangered species of butterflies on the main ridges, steep slopes and the changes needed in the engineering plans for the impact through grading the slopes on the species and the visual effect. He pointed out the areas with landslldes; habitat area; overlay transparencies to show grading work to be done; retaining walls to be erected; taking out the native soils and putting it back in com- pacted form; revegetating the areas with species native to San Bruno Mountain and of value to the butterflies; hydro- seeding; the areas affected by the HCP Amendment; that the effect on the but- terflies from the South Slope Development was relatively small; the benching rlsing up the mountain. Mayor Haffey invited those wishing to speak for the project to step to the dais. Mr. Bill Dean, Developer for Terrabay; stated that alternative No. 2 was a refi- nement of what was approved December; 1982 and that his staff was available for questions. Mr. Robert Eppler, Project Engineer for Mr. Dean, spoke of the refinement of the 2/13/85 Page 16 AGENDA ACTION TAKEN PLANNING 32. Public Hearing - Continued. PLANNING plan; the additional work done over the past two years by Dr. Foot; the entire project concept approved within the spe- cific plan; that the alternative recom- mended was a careful balance between the needs of the environment, the demands and physical constraints of the site, and the concepts approved with the approval of the specific plan. Mr. H. Bostwick, Vice President of the San Mateo County Development Association, stated that if in the '3Os, '40s and '50s this much time had been taken for each development, there would not be a community in this City. He expressed concern over the housing problem in the whole County which was greater than any in history and needed to be addressed. He stated that 78% of the properties in San Mateo County were in parks and open space which should be divested to provide housing for young people. He stated that the business, the industrial community and the labor community felt that this project should go ahead full speed at the earliest possible moment. Mayor Halley next invited those wishing to speak against the amendment to step to the dais. Mr. Douglas Butler, 133 Adrian Avenue~ spoke of the geotechnical problems of the project as cited in the area: danger of differential settlement and soil creep on the site; areas susceptible to slope failure; the area subject to seismic ground shaking, and that most of the development would be built on cut and fill which was unstable. He stated that the Developer was pro- posing benches half way up the mountain, and retaining walls without a guaranty that such drastic measures would make the slope safe. He spoke of the tragic slope failure in Pacifica which caused the loss of lives and questioned who would be liable if this happened after development 2/13/8~ Pa9e 17 AGENDA ACTION TAKEN PLANNING 32. Public Hearlng - Continued. PLANNING was built - would it be the deep pockets of this City. He quoted a Judge's deci- sion that declared a public entity was liable for damages to adjacent property resul tlng from improvements pl armed, spe- cified or authorized by the public entity in the exercise of its governmental power. He stated that the visual effects from benching the mountain could only be called ugly and that residents would have to live with the ugly scared slopes from here on. He stated that if the amendment was approved it would further reduce the endangered species which he felt was not acceptable and that the study performed was biologically inadequate. He stated that if this amendment was defeated it would not be necessary to intrude into the habitat any further. He stated that proper land use was the issue, not whether the project was econo- mically feasible for the developer. He stated that the Public Resources Code; Section 21085 does not preclude the adop- tion of a reduced development option. He urged the City Council to vote against the amendment and stated that the deve- loper did not do the necessary geotech- nical work before planning, had therefore broken faith with the City. He urged the City to insist on a redesign and a reduc- tion in the intensity of the development; presented a petition of 463 signatures to the Council. Ms. Ellie Larson, Sierra Club Liaison Committee to Save San Bruno Mountain, stated that San Bruno Mountain was the most impressive scenic backdrop this City has and proceeded to show slides of the mountain with overlaid transparencies showing the effect of benching the moun- tain. She stated benching was not a natural contour and could not imitate a 2/13/85 Page 18 AGENDA PLANNING 32. Public Hearing - Continued. ACTION TAKEN PLANNING natural contour. She stated that Caltrans did benching, but had been prevented from benching on Route 280 past the San Francisco water shed and had been forced to follow the natural contour of the hills. She discussed the following: expected life of an engineered slope; relating the topographic map to the visual photos of the Slope; sloped and benched re- engineered transparency slides presented from different vantage points in the City; that the revegatation would not hide the benching; that an alternative had been turned down by the County that would transfer development so as to preclude the grim visual aspects of re- engineering slopes of the mountain and would allow the same number of units as alternative No. 2; urged the Council to vote against the Amendment. Ms. Quenby Smith, Committee to Save San Bruno Mountain, stated that the proposed Amendment to bench San Bruno Mountain was unsafe, unsightly and unnecessary and belied the original development approved in 1983 and sold to the community. She stated that the developer after receiving approval had found that some of the homes above the planned housing were unstable or sliding down the mountain; when the developer got around to studying the con- ditions of the site that he found that the warnings given in 1983 from the citi- zenry about slope instability were true; that now the developer would build benching on the mountainside halfway up the slopes in order to build homes underneath the landslides; she questioned this as not being the best solution to the problem; the many projects called safe by engineers that caused millions of dollars in damages to property owners; other possibility was greater use of retaining walls to avoid massive re-engineering of the slopes; that the approval of the amendment would mean the utter defacement 2/13/85 Page 19 AGENDA ACTION TAKEN PLANNING 32. Publ lC Hearing - Continued. RECESS: RECALL TO ORDER: Cassette No. 3 PLANNING of a living resource in this community; urged the Council to pursue legitimate alternatives to this Amendment. Mayor Haffey declared a recess at 10:02 p.m. Mayor Haffey recalled the meeting to order at 10:26 p.m., all Council present. Mr. Kenneth Floyd, Daly City, stated that the choice before Council was the appro- val of a short term emergency measure, that would have lasting deleterous con- sequences, or its rejection that would result in a quality neighborhood. He stated the legacy was that the Council could be known for the quality of its neighborhoods or as just another City Council that approves any developer's plans. Ms. Marguerite Young, California League of Conservation Voters, spoke of the cri- tical issue of the need to protect open space and more particularly habitat areas such as San Bruno Mountain. She stated that the members of the organization did not want benching on the mountain for the dangerous precidence it would set for endangered species. She urged Council not to say no to Terrabay, but to say no to this Amendment and take a more safe and environmentally sensitive route in the design of this project. Ms. Patricia Martinson, 1288 Morningslde Avenue, stated that the South Slope was unfit as now proposed below or on the slide areas. She expressed concern that outsiders buying the homes would think they were protected by law in the event of a landslide which would not be the case. She stated that she wanted to be on record in protest of this Amendment and that if the Council voted for it it was not voting for her. She stated that she had voted for local control of the Slope and urged the Council to take control and vote against the Amendment. 2/13/85 Page 20 AGENDA ACTION TAKEN PLANNING 32. Public Hearing - Continued. PLANNING Mr. Ralph Leyva stated that in January 1982 he lived at 52 Franklin Avenue, when a mud slide took his house off of its foundation over his two vehicles and landed in the street. He spoke of the fear he and his pregnant wife had of almost dying; the loss of all his per- sonal possessions and home; three lawsuits for recovery of damages that were unsuccessful; the great financial burden from this atrocity which he was still undergoing; the landslide in Pacifica at the same time which killed children trapped in the house; questioned how the City could safeguard against this happening when Terrabay was completed with the benching of the Slope. Mr. Carl Wimmer, 48 Franklin Avenue; stated that there had been more mud sll- des since 1982 and the residents were required to carry Federal Flood insurance on their homes which was an additional financial burden which only covered the house and garage. He stated that any dirt or landscaping, was the owner's respon- sibility. He questioned who was going to maintain the benching. Mr. Dennis Benyon, 131 Belmont Avenue~ spoke with concern over the endangered species and the pair of golden eagles that were driven from the Slope by the County and felt that housing should be built elsewhere. He stated that the wiser thing to be done was to preserve the natural habitat for future generations to can enjoy and learn to respect human nature. He stated that it was necessary to take steps to protect not only those species that are already endangered or rare, but all animals because otherwise the only place the animals can be encountered would in zoos and museums. Ms. Margaret Warren, 790 Stonegate Drive, stated that recently there had been controversy over the sign, "Industrial 2/13/85 Page 21 AGENDA ACTION TAKEN PLANNING 32. Public Hearing - Continued. Z07 PLANNING City," to preserve it and countered that with the defacing and benching of South Slope would make the sign insignificant. She stated that a developer should make as much money allowable, however that development carried with it implied risks which were his problem. Mr. Howard Wilshire, stated that he was a geologist with a PHD and represented the Committee for Green Foothills. He stated that for the last 13 years his work has focused on the effects of the human disturbance on natural soil and vegeta- tive systems. He presented a paper involving three issues: 1) the hazard of the site due to debris flows which were not mentioned in the EIR and no mitiga- tions were recommended; 2) recommen- dations for mitigating landslides were two-tiered, those in the project area were to be excavated and replaced with engineered fill and those outside the project area were to be graded and drained at the project boundary. He spoke in great detail of the potential impacts not discussed by the consultants and felt that the Supplemental EIR for modification of the HCP should be opposed as inadequate in its assessment of poten- tial impacts, etc. Mr. David Schooley, Bay Area Mountain Watch, expressed concern over the poten- tial loss of the real native open space that had been there for hundreds of years with its indian relics. He stated that the EIR was not correct, that the South Slope was a living thing; that a quiet careful watch of a place was needed to appreciate South Slope, etc. Mr. Lawrence Pera expressed concern over putting condos on the Slope with resultant landslides and suggested planting trees instead. Mayor Haffey stated that there had been three hours of testimony and hoped that 2/13/85 Page 22 AGENDA ACTION TAKEN --PLANNING 32. Public Hearing - Continued. 33. Public Hearing - GP-84-27 - An Amendment to the Land Use ?ement of t~e General Plan to Medium _~ Residential on Miller ~0~ Densl ty Avenue, retain High Density Residential on the north side of South Spruce Avenue south of Miller Avenue in the area generally bounded by Grand, Orange and Spruce Avenues and Tamarack Lane - Cont(nued from the 1/23/85 meeting. Staff Report 2/13/85 recommending: 1) Continue the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Motion to adopt a Resolution approving General Plan Amendment No. GP-84-27. A RESOLUTION APPROVING GENERAL PLAN AMENDMENT GP-84-27 PURSUANT TO PLANNING COMMISSION RESOLUTION NO. 23~3 - AMENDMENT TO LAND USE ELEMENT OF THE GENERAL PLAN POLICE 34. Staff Report 2/13/85 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to introduce an Ordinance regulating cardrooms. 1st Reading/Introduction AN ORDINANCE ADDING CHAPTER 6.36 ENTITLED "CARD ROOMS REGULATED" TO THE SOUTH SAN FRANCISCO MUNICIPAL COD~ 51 PLANNING the informatioon to be received on the 27th would not be repetitious and he con- tinued the hearing to 2/27/85. Senior Planner Christians stated that on January 23, 1985 the City Council opened the public hearing and then continued GP-84-27 to tonight's meeting to allow the Council members to individually inspect the area. Councilman Addiego stated that there was no vote on this matter previously and encouraged Council to walk through this area. He stated that he was not ready to formulate an opinion on this matter at this time. Consensus of Council - To continue to the meeting of 2/27/85. POLICE City Clerk Battaya read the title of the Ordinance in its entlrey. Police Chief Datzman stated that he had met with both card room owners and that the existing ordinance met with their approval. M/S Addiego/Teglia - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Addiego/Teglia - To introduce the Ordinance. Carried by unanimous voice vote. 2/13/85 Page 23 AGENDA ACTION TAKEN POLICE 35. Staff Report 2/13/85 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to introduce an Ordinance regulating bingo games. 1st Reading/Introduction AN ORDINANCE REPEALING CHAPTER 6.32 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NO. 808 ENTITLED "AN ORDINANCE REGULATING THE CONDUCT OF BINGO GAMES IN THE CITY OF SOUTH SAN FRANCISCO" AND ADDING CHAPTER 6.32 ENTITLED "BINGO GAMES" TO COMMUNICATIONS 36. Letter from the South San Francisco Redevelopment Agency dated 2/5/85 transmitting certain documents pur- suant to Section 33327 of the California Community Redevelopment Law on a plan for the redevelopment of the proposed South San Francisco U. S. Steel Plant Site Redevelopment Project in the City. ITEMS FROM COUNCIL 37, Appointments to Boards and Commissions - Parking Place and the Library Commission. GOOD AND WELFARE POLICE City Clerk Battaya read the title of the Ordinance in its entirety. Police Chief Datzman stated that he had contacted everyone concerned with the proposed Ordinance and the explained the 3 changes: 1) $50 annual licensing fee; 2) silent on the number of days per week; 3) records on file for inspection on the premises. M/S Damonte/Addiego - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Damonte/Addiego - To introduce the Ordinance. Carried by unanimous voice vote. COMMUNICATIONS Mayor Haffey stated that this item wa~ for information only. ITEMS FROM COUNCIL Continued to 2/27/85. GOOD AND WELFARE Mr. Lawrence Pera. 752 Baden Avenue, stated that senior citizens should speak up for their rights; young Council need~ more experience to run City; save what we have left on this planet earth; dogs run- ning wild in the City - don't let City go to dogs, preserve the City. 2/13/85 Page 24 AGENDA ACTION TAKEN CLOSED SESSION CLOSED SESSION 38. Closed Session for the purpose of the discussion of personnel mat- ters, 1 abor rel ati OhS and 1 i ti ga- ti on. Mayor Haffey stated that a Closed Session would not be held this evening. 39. Request to adjourn the meeting to Wednesday, 2/20/85, at 5:00 P.M. in the City Council Conference Room at City Hall, 400 Grand Avenue, for consideration of the proposed Historical Preservation Ordinance. M/S Damonte/Teglia - To adjourn the meeting to Wednesday, 2/20/85, at 5:00 p.m., in the City Council Conference at City Hall, 400 Grand Avenue, for con- sideration of the proposed Historical Preservation Ordinance. Carried by unanimous voice vote. ADJOURNMENT: RESPECTFULLY SUBMITTED: Time of adjournment 11:27 p.m. APPROVED: Ri chard ey, attaya A. City of South San Fram The entries of this Council meeting show the action taken by the City Cuoncil 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. 2/13/85 Page 25