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HomeMy WebLinkAboutMinutes 1985-02-27Mayor Richard A. Haffey Vice Mayor Roberta Cerri Teglia Counci 1: Mark N. Addiego Emanuele N. Damonte Gus Nicol opulos MINUTES City Council Municipal Services Building Community Room February 27, 1985 AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE: INVOCATION: AGENDA REVIEW City Manager Birkelo requested: - Item No. 6 be removed from the Consent Calendar because further information was needed from the County. - Item No. 6a be added to the Consent Calendar, a Resolution authorizing approval and execution of an Agreement between the United States Coast Guard Air Station San Francisco and the Fire Department for emergency medical technician trainees. ORAL COMMUNICATIONS COMMUNITY FORUM ACTION TAKEN 7:32 p.m. Mayor Haffey presiding. Council present: Council absent: Nicolopulos, Addiego, Teglia, Damonte and Haffey. None. Recited. The invocation was given by Pastor Lynn Bowdish of St. Elizabeth's Episcopal Church. Mayor Haffey announced that Item No. 12, UP-84-705/Diodati had been withdrawn and he had a letter to read when the Item came before Council. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS None. COMMUNITY FORUM None. 2/27/85 Page 1 AGENDA AC T I O N T AK E N ~L~ CONSENT CALENDAR 1. Minutes of the Special Meeting of 2/13/85. Staff Report 2/27/85 recommending by Motion to approve payment of $76.52 to Deborah Rogers for alleged damage to her vehicle when a fence at Orange Memorial Park fell over onto her car. Staff Report 2/27/85 recommending by Motion to approve payment of $5§.00 to David H. Nahinu for alleged costs incurred as the result of his automobile being towed. 4. Staff ~eport 2/27/85 recommending by Mot3on to approve building per- mit determinat3on of landmarks of 2/13/85. Staff Report 2/27/85 recommending by Motion to accept as complete the Buri Burl Lighting Project in accordance with approved plans and specifications. Staff Report 2/27/85 recommending adoption of a Resolution author- izlng the County Island Fi re Protection Fee Agreement. A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION OF FIRE PROTECTION FEE AGREEMENT 6a. Staff Report 2/27/85 recommending adoption of a Resolution authorizing approval and execution of an Agreement between the United States Coast Guard Air Station San Francisco and the South San Francisco Fire Department for emergency medical technician trainees. CONSENT CALENDAR Approved. So ordered. So ordered. Approved. Approved. Removed from Agenda under Agenda Review. 2/27/85 Page 2 AGENDA ACTION TAKEN CONSENT CALENDAR 6a. Staff Report 2/27/85 - Continued. A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION OF AN AGREEMENT BETWEEN THE UNITED STATES COAST GUARD AIR STATION SAN FRANCISCO AND THE SOUTH SAN FRANCISCO FIRE DEPARTMENT FOR EMERGENCY MEDICAL TECHNICIAN TRAINEES Staff Report 2/27/85 recommending adoption of a Resolution accepting an easement for Parcel Map No. PM-84-214 (Mantegani Property). A RESOLUTION ACCEPTING DEDICATION OF A STORM DRAINAGE EASEMENT AS SHOWN ON PARCEL MAP NO. 84-214 (MANTEGANI) APPROVAL OF BILLS Approval of the Regular Bills of 2/27/85. CITY MANAGER Staff Report 2/27/85 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to adopt the the Ordinance which adds the position of Secretary to the City Manager. 2st Reading/Adoption 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 CONSENT CALENDAR RESOLUTION NO. 43-85 ° RESOLUTION NO. 44-85 M/S Addiego/Damonte - To approve the Consent Calendar. Carried by unanimous voice vote. APPROVAL OF BILLS M/S Oamonte/Nicolopulos - To approve the Regular Bills in the amount of $1,046,632.97. 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 i n its entirety. M/S Nicolopulos/Addiego - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Nicolopulos/Addlego - To adopt the Ordinance. ORDINANCE NO. 973-85 2/27/85 Page 3 AGENDA ACTION TAKEN CITY MANAGER 9. Staff Report 2/27/85 - Continued. 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" FINANCE 10. Staff Report 2/~7/85 recommending: 1) Motion to waive further reading of the Ordinance; 2} Motion to introduce an Ordinance establishing a license tax for card rooms which will provide for a tax levy for the a tax levy for the usual and current levy for the usual and current expenses of the City. 1st Reading/Introduction AN ORDINANCE ADDING SECTION 6.16.035 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE {BUSINESS LICENSE ~ TAX FOR CARD ROOMS) ~2~ (~ 11. Staff. Repor~t 2/27/85 recommend!ng adoption of a Resolution amending the Master Fee Schedule to provide for animal, card room and bingo game fees. A RESOLUTION AMENDING CHAPTER 1 OF THE MASTER FEE SCHEDULE OF THE CITY OF SOUTH SAN FRANCISCO II I I CITY MANAGER Carried by unanimous voice vote. FINANCE City Clerk Battaya read the title of the Ordinance in its entirety and stated that she had just received a memo from the Director of Finance which stated that this should be the first reading/introduction rather than first reading/adoption of the Ordinance. She stated that the minutes would reflect a motion to introduce the Ordinance which would correct the Agenda. M/S Nicolopulos/Damonte - 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. Director of Finance Lipton stated that there was a change to the Exhibit to the Resolution concerning initial and renewal processing fees which would be done if the Resolution was adopted. He stated that this Resolution would change the Master Fee Schedule to incorporate three changes: 1) animal control fees as recommended by the Board of Supervisors at their January 22, 1985 meeting; ~) annual processing fee for Bingo permits, with a change on the Exhibit Page 1-6 to stay consistent with the Civil Code on Bingo and with the original intent of the Police Department and Bingo operators of a $50.00 fee for each permit, initial or renewal and the word "shall" rather than "may" be refunded; 3) set up a processing 2/27/85 Page 4 AGENDA ACTION TAKEN FINANCE 11. Staff Report 2/27/85 - Continued. PLANNIN~ 12. Public Hearing - UP-84-705/Rich Diodati to construct a ready mix concrete facility in conjunction with two {2) adjacent concrete tilt-up office/warehouse structures with related parking and land- scaping on the northwest corner of South Linden Avenue and North Canal - An appeal of the Planning Commission's decision to contlnue~ FINANCE fee through the Police Department for card room operators in order for the operator to obtain an ID card for each employee and for the annual replacement and renewal of same. Councilman Damonte expressed concern over the fee schedule for dogs and cats. He stated that in the past Council had felt that the County fee charged to recover a lost pet was too high and that people who could not afford the fee had to leave the dog in the shelter. He questioned how the County had established the criteria for the animals fees. Deputy City Manager Lewis stated that annually the County cost had nearly met the revenues and that this year there was an average of $1~800 - 2,000 in the cost of running the programs. Councilman Damonte questioned the fees for finger printing of $20.00 for one service and $2.00 for a card. City Manager Bi rkelo stated that he would have a report on the fees to Council after input from the Police Department, M/S Teglia/Addiego - To adopt the Resolution. RESOLUTION NO. 45-85 Carried by majority voice vote. Councilman Damonte voted no. PLANNING Mayor Haffey stated that a letter had been received from Mr. Diodatl withdrawing the appeal. He read a letter into the record {which is attached and a permanent part of the record of this meeting) from Mr. Louis Tambini, dated 2/16/85, which he had requested the Mayor read into the record. 2/27/85 Page 5 February 16, 1985 Subject, Use Permit Application of Rich Diodati UP-84-705 To the Mayor and City Council, This letter is in regard to the above subject, for which my neighbors and myself are very upset. We do not want a "Ready-Mix Concrete Facility" operating within such close proximity to our homes and property. This statement is due to the fact that not all of us who live in this area could attend the December, 1984 meeting of the Plan- ning Commission of this City to discuss this business. We do not feel that this is a good location for such a business, not only for the environmental impact to myself and my neighbors, but because it will create more traffic problems between Linden Avenue, Railroad and Baden Avenues and on to Airport Blvd. It will lower the property value of our homes and land, not to mention the impact it will have on our homes with the cement trucks driving in our area. It is absolutely too close to our homes to be considered. Our town is already overflowing with industries. We do not need this problem in our neighborhood. I speak not only as a long time resident of South San Francisco but for my many neighbors who have contacted me when they received this disturbing news. We are requesting that this Permit be turned down and that ~r. Rich Diodati be told to locate his concrete facility elsewhere. 2/27/85 Page 5a We will also present a petition from neighbors who are in the 3o0' to 400' radius of this proposed Ready-Mix Concrete Plant. As our City Council, we are hoping that you will consider what this would do to our homes and property and refuse the construction of this business that will be so close to our homes. Sincerely, Mr. Louis Tambini 404 Railroad Avenue, South San Francisco, Ca. 94080 The South San Francisco Planning Department 2/27/85 Page 5b AGENDA ACTION TAKEN PLANNING 12. Public Hearing - Continued. UP-78-705 off calendar and require preparation of a scoped Environ-_c/O mental Impact Report. Staff Report 2/27/85 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Motion to deny the appeal - Letter received 2/27/85 from Mr. Diodati withdrawing the appeal. 13. Public Hearing - South Slope Geotechnical Amendment to th.e San c/~ 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 2/27/85 recommending: 1) Continue the Public Hearing and hear testimony; 2) Close the Public Hearing, 3) Ado,ption of: a) A Resolution adopting findings and statements of facts; b) A Resolution adopting a statement of overriding considerations; c) A Resolution approving and author- izing execution of an amendment to the San Bruno Mountain Area Habitat. a) A RESOLUTION ADOPTING FINDINGS AND STATEMENT OF FACTS SUPPORT- ING FINDINGS PURSUANT TO CON- SIDERATION OF FINAL ENVIRON- MENTAL IMPACT REPORT/ENVIRON- MENTAL ASSESSMENT SUPPLEMENT FOR THE SOUTH SLOPE GEOTECHNI- CAL AMENDMENT TO THE HABITAT CONSERVATION PLAN FOR SAN BRUNO MOUNTAIN (14 CAL. ADM. CODE SECTIONS 15091, 15092 AND 15096) b) A RESOLUTION ADOPTING A STATE- MENT OF OVERRIDING CONSIDERA- PLANNING Councilman Addiego stated that it was refreshing to see a neighborhood come together to protect their rightful interest and be able to get some con- sideration from the Developer, Mr. Diodati. He stated that Mr. Diodati should be commended for responding to the sensitive nature of what he was proposing in the neighborhood and the neighbors for making the Government and the Developer aware of the problem, Mayor Haffey stated that this was the continuation of the Public Hearing on the Habitat and hoped that there would not be repetitious testimony from the 2/13/85 meeting. City Planner Gorny stated that this case was continued from the 2/13/85 meeting so that additional testimony could be taken and responses to comments could be given. He proceeded with rebuttals of major com- ments made by citizens at the 2/13/85 meeting: that the project was the same as approved in the Specific Plan with the elimination of 24 dwelling units for Alternative No. 2; that benched cut slo- pes had always been included in the pro- posed development; that the visual impact of the landslide correction had been addressed in the EIR/EA and that revege- tation would be situated near bench edges to soften the visual impact; that the biological study was not inadequate and that the 1% reduction of the Mission Blue properties through landslide repair will not significantly reduce the butterflies chances of long-term survival; that the alternate of density transfer had been discussed in the EIR/EA and in the Terrabay Zoning Ordinance; that the Cotton Report had not been ignored; that the project would not result in loss of a great natural resource because 400 acres of land would be dedicated to the County as preserved habitat at Juncus Ravine above the developed portion of Terrabay. 2/27/85 Page 6 AGENDA ACTION TAKEN PLANNING 13. Publlc Hearing - Continued. Staff Report 2/27/85 - Continued. b) - Continued. TIONS 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) A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AMENDMENT TO THE SAN BRUNO MOUNTAIN AREA HABITAT CONSER- VATION PLAN TO PERMIT SITE- SPECIFIC GEOTECHNICAL REPAIRS II PLANNING Mayor Haffey invited those wishing to speak in favor of the Amendment to step to the dais. Mr. W. W. Dean, Developer of Terrabay, spoke of his frustrations tonight when over the last three years he had worked with the County, City and County Staff and various groups to effect this project and now a group here tonight was trying to destroy the project. He stated that the issue before the Council tonight was not the merits of the project, but to amend the HCP to allow the taking of a limited number of butterflies; trying to correct the geotechnical problems of the land the HCP has designated habitat. He encouraged Council to listen both to the attacks and the endorsement of the pro- ject that Council had already approved and bear in mind that the HCP was an unprecidented effort between Government officials/Developers/Environmentalists to create a way for endangered species and housing to co-exist. He stated that he had not created the landslide problems and that those landslides would be there without the development; that the deve- lopment would provide needed housing and jobs for the community. He stated that if the project was modified by Alternative No. 2, the reduc- tion of 24 units, he would be required to construct a storm drain system to divert most of the water from all of the South Slope directly to the Bay at a cost of $6,000,000. He spoke in detail of the benefits to the City of the project; extension of Hillside Boulevard; construction of a new recreation center; participation in the funding of the Oyster Point Overcrosslng; construction of a fire station, etc. He strongly urged the Council to adopt the Amendment. Mr. William Sterling, Esq.~ reinforced the arguments presented by Mr. Dean and spoke in detail of the alternatives for 2/27/85 Page 7 AGENDA ACTION TAKEN PLANNING 13. Public Hearing - Continued. PLANNING landslide repairs; protecting the environment; rebutted allegations made at the 1 ast meeting, etc. Mr. Mr. Sherman Eubanks, Visitacion Associates, stated that his organization owned the 1500 acres on San Bruno Mountain and recited the history of the mountain for the past 37 years. He rebutted the three issues cited by the opponents of the Amendment: 1) damage to butterflies; 2) appearance of benches on the slope; 3) safety of slopes. Mr. David C. Allen, 518 Magnolia Avenue, stated that he had always felt that the South Slope was the ugly side of the mountain and thought the Terrabay Development was a welcome addition which would prevent further slides on the mountain. Mr. Phillip Dowd, 100 Park Way, stated that there was a bench behind his house which had saved his house in 1982 during the severe rain storm which caused many slides. Mr. C. B. Squellate, 554 Palm Avenue~ spoke in favor of the development which he felt would minimize yearly fires and bring revenue to the City. Ms. Patricia Allen, spoke in favor of the development and stated that it would answer the need for additional homes~ ~obs and revenue for the City. Mr. Lawrence Casey, 363 Forestview Drive~ stated that at the last meeting it was his opinion that the concern voiced in opposition to the Amendment had centered around technical opposition that would make any development impossible; esthetic opposition to any visual impact; scare tactics regarding landscaping and earth- quakes; the zero option of no project. He stated that he had confidence that a well engineered pro~ect would prove to be a safe one and that the Staff Report 2/27/85 Page 8 AGENDA ACTION TAKEN PLANNING 13. Public Hearing - Continued. PLANNING answered to his satisfaction any concerns of visual impacts that would be unreaso- nable; and that benching had been included in the original agreement. He stated that in his opinion environmental extremists continue to deliberately seek to kill the Amendment and thereby thls project and if successful it was likely that this area could be developed on a piecemeal basis later on bringing higher density and less desirable projects. He urged Council to adopt the Amendment which would provide jobs, allow the City to grow by providing more housing. He stated that in 1981 a initiative which asked the voters whether or not the pro- ject should be built which had won the vote 4 to 3 in a special one issue election. Mr. E. R. Garland, 140 Valleyview Wayj spoke of having bought a home from Mr. Dean 41~ years ago with a one year guaranty, however two years later Mr. Dean was still around to answer the resi- dents needs. Mr. Angelo Garcia~ 213 Lomitas Avenuej urged the Council to approve the Amendment which would provide needed housing in the community. Mr. Howard St. Louis, stated that allowing the project to go forward would be in the best interests of the City and the taxpayers because it was a good project. Mr. Richard Diodati, Developer~ stated that within the next ten years South San Francisco would see the largest growth this City and Brisbane has ever had with office buildings, restaurants, hotels with many jobs offered. He stated that the Terrabay project was needed to pro- vide housing for the population growth anti c i pared. Mr. Tom Hunter, Business Manger of the 2/27/85 Page 9 AGENDA ACTION TAKEN 128 PLANNING 13. Public Hearing - Continued. I II PLANNING Plumbers and Steamfitters Local Union 456 stated that this project addressed taking care of the butterflies, gave jobs to the people, and now through an act of nature, if the opposition has its way, the project will disappear. He urged Council to approve the Alternative that the Staff proposed; which he felt was fair, and allow Mr, Dean to proceed with the development. Mayor Haffey invited those wishing to speak in opposition to the Amendment to step to the dais. Michael Freund, Esq., stated that he was an environmental attorney representlng Friends of Endangered Species in the litigation that is currently before the Ninth Circuit Court of Appeals. He urged Council to suspend any decision on the Amendment to the NCP until the HCP itself was declared lawful by the Court. He stated that the HCP was an admirable plece of work, however the one problem was the fate of the Mission Blue Butterfly. He spoke of the experts on capture/recapture studies, Dr. Arnold and Dr. Hafferneck, who had looked at the field study data as to the percent of Mission Blue Butterflies to be destroyed and had concluded the fact the Mission Blue was in jeopardy. Mr. Douglas Butler, 133 Adrian Avenue~ stated that if the Developer had done all work well before, why was he now requesting an Amendment to the HCP. He questioned whether the development would be a proper land use with the scaring of the land with massive benching of the land which he felt were timeless natural resources that the Council should shepherd and preserve the integrity of the slopes by voting against the Amendment. He presented a petition against benching South Slope signed by 300 people, which combined with the 2/27/85 Page 10 AGENDA ACTION TAKEN PLANNING 13. Public Hearing - Continued. PLANNING 2/13/85 petition amounted to 763 signa- tures urging the Council not to approve the Amendment. Ms. Quinby Smith, Committee to Save San Bruno Mountain, spoke in defense of complaints against her visual presen- tation at the 2/13/85 meeting. She stated that the slides were made by ordi- nary people who were not artists and drew lines to represent the visual impacts of the benching on transparencies that were placed over the slides showing the moun- tain. She spoke in detail of the revege- tation plans that would not successfully mask the benching. She stated that there were serious questions about the safety of the propo- sal and the substantial visual impacts. She stated that the Committee was con- cerned about the slide repair and had never tried to stop the project. She stated that the Committee wanted Mr. Dean to live up to his promise of a safe and attractive development which she urged the Council to pursue. Ms. Sydney Behrendt, 128 Claremont Avenue, retraced the history of the pro- ject approvals and questioned why it was that Mr. Dean had only found the monumental slide areas in November of 1983. She stated that even if the slides had been caused by the heavy rains of January 4, 1982 why did it take until November 1983 to be discovered. Ms. Jane Kemper, 1321 Hillside Boulevard~ retraced the history of the County being the Lead Agency over the development; hearings on the impact of the proposed development; concerns of the residents over the erosion; slippage and the question of stability of the South Slope in 1980 which were not answered; the ini- tiative to prohibit City services to the South Slope unless it was left in open space and that $79,000 was spent to oppose us $1,800 in support of the 2/27/85 Page 11 PLANNING 13. Public Hearing - Continued. II ACTION TAKEN PLANNING initiative. She stated that at this point the only option left to people was the referendum process. She questioned if South San Francisco resi- dents in the trades would be hired first before outsiders were hired to do the construction of the project. She stated that residents had written many letters, spoken at public meetings and signed petitions urging the Council to vote against this atrocity; protect not only the endangered species on San Bruno Mountain but the lives and property of the people who had to live under this area. She stated that permanent destruc- tion of San Bruno Mountain was not what the people wanted and urged the Council to listen to the people because five years from now would be too late. Mr. Ken Floyd, Daly City, questioned if benching would last for the lifetime of the project and if that was fifty years what would happen to the houses after that with the natural erosion of the terracing. He stated that Mr. Dean should redesign the project so that there are no houses at the bottom of the pro- posed avalanches and put the houses in other neighborhoods which would not increase the density to more than eight units per acre. He stated that planting four inch plants would not hide the benching. He urged the Council not to approve the Amendment and have Mr. Dean redesign the project to avoid future landslides and eliminate the need for a scar on the mountain. Ms. Margaret Warren, 790 Stonegate Drive, stated that Mr. Dean had used large figures to describe the improve- ments that would be made as a result of his development, however most of those improvements would only be done if the project was built which would be required to have a fire station, a roadway exten- sion, etc. She stated that the revegeta- tlon of the benched slope would not grow 2/27/85 Page 12 AGENDA ACTION TAKEN PLANNING 13. Public Hearing - Continued. PLANNING and would have to be replaced and main- tained which was costly to the homeowners. She questioned why, if Mr. Dean had done his homework, was there now a need for an Amendment to repair landslides that have been evident for years. She urged the Council to vote no on the Amendment and thereby protect the future residents of this City. Mr. Arthur Feinstein, Conservation Chairman Golden Gate Audobon Soclety~ spoke against: approval of the Amendment; benching San Bruno Mountain, etc, Mr. Dan Shattuc, Sunnyvale, urged the Council to sort out the pluses and m~nu- ses before a prudent decision could be made this evening. He spoke of the loss in California of 94% of its wet lands through development and stated that this was the only habitat left for this spe- cies and urged the Council not to allow any further encroachment of the habitat. He stated that these butterflies were not a migrating species and it was therefore imperative that the habitat not be di sturbed. Mr. Michael Addiego, 98 Irving Street~ stated that he lived across from the pro- ject and found it appaling that he and other residents had to keep coming before Council to fight these battles on the development. He stated that Mr. Dean had presented this package many years ago and had stated that everything had been taken care of even though the residents had brought up the subject of slippage. He stated that again it had not been taken care of and the Council had promised when they voted for the project that it would keep local control and give the neigh- borhood what it wanted and needed. He stated that the neighbors did not want to look at benching, instead they wanted the project to look nice and decent~ and what 2/27/85 Page 13 AGENDA ACTION TAKEN PLANNING 13. Public Hearing - Continued. PLANNING was being presented was not acceptable. organization was in agreement with the comments made earlier in support of the preservation of the habitat. He spoke in detail of the environmental disruption of the butterflies; the disappearance of open spaces; the need for housing which did not need to be built on open space; allowing a development in an unsafe area; the native american sites on the mountain which were being investigated. He urged the Council to postpone any decision until after the issue was settled in Court on the authenticity of the native american sites which would make it ille- gal to build on those sites. Mr. David Schooley, Friends of Endangered Species and the Bay Area Mountain Watch, stated that wild life and earth history were vanishing more and more every day in the Bay Area. He stated that many people had worked very hard for fifteen years to save San Bruno Mountain against develop- ment to preserve the wild life~ the history of the indians who used to llve on the mountain and to save the natural habitat of the butterflies. He spoke of the need to safeguard this area as a legacy of a living historical place for future generations. Ms. Nina H. Eloesser, 212 Lyon Streetj spoke in opposition to the Amendment of the Habitat Conservation Plan for San Bruno Mountain. She stated that amending this plan sets a tremendous precedence by destroying the Endangered Species Act; that amending the plan will allow more housing and remove habitat for the endangered species; reducing the habitat was in total opposition to the Act; etc. Mr. Charles Bonny, Serra Club, stated that building a development in a slide area was dumb, that you could not hi de benching with vegetation; that the con- 2/27/85 Page 14 AGENDA ACTION TAKEN 223 PLANNING 13. Public Hearing - Continued. II PLANNING struction workers will not be able to afford the cost of a home in the development. Ms. Leonore M. Brave, San Francisco, spoke in support of preservation of the natural wild llfe and open space and was dismayed over the impracticability of building in the slide area. She stated that she wanted to go on record as opposing the Amendment and urged the Council to wait before making a decision until the Habitat Conservation Plan was declared legal by the Court that was con- sidering the issue. She spoke with con- cern of future traffic congestion resulting from City and County develop- ments generating more trips on the freeways. Ms. Jan Pont expressed concern over whose responsibility the landslides were going to be after the development was built. She urged the Council to represent the will of the residents of this City by voting no on the Amendment. Mr. Robert A. O'Brien spoke of the poetic value of the mountain and the beauty of the butterflies. He spoke in detail of blocenosls; ecological communities; eco- systems being supported by the Endangered Species Act; extinct and 'vanishing spe- cies; that young people wanted the moun- tain to remain as it was without development. He declared San Bruno Mountain sacrosanct and thus inviolable because a rare grass grows and rare butterflies 1 ive there. Ms. Ellie Larson, Sierra Club, spoke in defense of the accuracy of the slides shown at the last meeting of the effects of the landslide correction. She stated that Mr. Thomas Reid had reviewed the slides after the last meeting and had stated that the slides were very accurate. She spoke in detail of the proposed vegetation and that the end result of that would be a man made 2/27/85 Page 15 AGENDA PLANNING 13. Public Hearing - Continued. RECALL TO ORDERt I I I I A C T I O N T A-K E N PLANNING appearance. She urged Council to look into other alternatives to benching and reject those alternatives presented tonight. Ms. Pat Martinson, 1288 Morningisde Avenue, questioned what type of plant material could be made to drape and hide the benching. Mayor Haffey closed the Public Hearing. Mayor Haffey declared a recess at 10:25 p.m. Mayor Haffey recalled the meeting to order at 10:43 p.m., all Council present. Mayor Haffey spoke of the amount of input Council had heard on this item and thanked those in attendance. He stated that he had taken a field inspection of the site. He stated that he had had three concerns, two of which had been satisfied: 1) The geotechnical safety aspects and had liked the work done by Dames & Moore in the recommendation of further detail ed boring, instrumentation to identify unex- pected developments; Was impressed that no building permits were going to be allowed in Neighborhood B, closest to the moun- tain and closest to the slides, until Dames & Moore felt that they had suf- ficient information; 2) Environmental reasonableness and that 1/10 of 1% of the population of the Mission Blue being j eopardi zed wa s envi ronmen tal 1 y rea so- nable in return for the social needs of this project; 3) Esthetics, what kind of impact would be felt on the habitation if the benching was hidden by non-natural vegetation. Mr. Tom Reid, Consultant, stated that one of the basic elements of the Habitat Conservation Plan that graded areas would be reclaimed to habitat and restored to the large mass of undlstubed lands which are conserved under the Habitat Conservation Plan for sustenance of the 2/27/85 Page 16 AGENDA ACTION TAKEN PLANNING 13. Public Hearing - Continued. CASSETTE NO. 3 PLANNING Mission Blue and all the other animals and plants which comprise the ecosystem on San Bruno Mountain. He stated that at issue was only 25 acres of disturbed land and that the potential for reestablish- ment of vegetation on the graded areas was very great. He showed slides of benched areas with revegetation and hydroseedi ng. Mr. Roger Foote, Dames & Moore, stated that the best way to mitigate the benches was to make sure they were vegetated with something similar to the rest of the pes and look for a blending of the color. Councilman Nicolopulos commended the Council and the audience on the conduct of this Public Hearing. Ne stated that during the past few weeks the Council had received 203 letters plus the 760 peti- tion signers in opposition to benching and opposition to any building on the mountain. He spoke in detail of the Special Election, October 6, 1981: the cost; the authors of the initiative; the text of the initiative; the result of the el ecti on. He spoke of the petition against benching San Bruno Mountain circulated by Mr. Butler and its contents which the Councilman refutted. He questloned how many catchment basins would be erected on the mountain and whether they would pull off enough water to minimize water flow onto Hill side. Deputy City Manager/City Engineer Yee stated that within the whole project thir- teen catchment basins would be erected to mltlgate the overfl ow. Discussion followed on the mitigation measures of reducing the surface water down the hil 1 side. Councilman Nicolopulos stated that he had looked for corroboration of the facts in this matter and felt satlsfled. 2/27/85 Page 17 AGENDA ACTION TAKEN PLANNING 13. Public Hearing - Continued. PLANNING Councilman Addlego stated that he was emotional about this issue having become involved many years ago to save the mountain when a developer greater than Mr. Dean, with more to offer, was going to give this City a development of 20,000 People. He stated that before that there had been a scheme by David Rockefeller to create one big bench on the mountain, have a plateau and dump the dirt by conveyor belt into the bay. He stated that that had been stopped by an Ordinance prohi- biting a conveyor belt from crossing the City boundaries. He stated that to stop being emotional as a public servant was to lose a human element and act as a computer. He stated that the original Dean plan was to have been sensitive to the mountain with respect to the mountain. He stated that now there was benching with visual impacts that had dominated the hearing this evening with potential ugly scaring of the mountain which had people very concerned. He stated that trading of open natural land for a benched mountain was too high of a social cost for he as a Councilman to accept. He rebutted Staff's response to the scaring of the hillside and the visual impact would be most noticeable to the people who live in this City. He stated that some years ago he had spoken to Mr. Dean and had said that he would like to see Mr. Dean cluster his development and leave some of the natural resources for future generations. He questioned that Mr. Dean's housing was meeting the needs of the community when most residents were not in the economical bracket to afford the homes. Vice Mayor Teglia stated that she had read a newspaper that had quoted the attorney for the endangered species which cited concern that the potential for development of the saddle area had not been satisfactorily explored. She stated 2/27/85 Page 18 AGENDA ACTION TAKEN 127 PLANNING 13. Public Hearing - Continued. PLANNING that in her memory the development for 20,000 people had been for the saddle area of San Bruno Mountain as being the most desireable and buildable. Councilman Damonte stated that all of his concerns had been answered during the Public Hearing. M/S Damonte/Teglia - To adopt the Resolution. RESOLUTION NO. 46-85 Carried by majority roll call vote, Addiego voted no. Vice Mayor Teglia made the following com- ments in support of her vote: 1) that the project would reverse the process of extinction; 2) that proven engineering could make this development a safe, good place to live; 3) that nothing in life comes fully guaranteed without contingen- cies that require repair; 4) convinced that the benching would not look llke Candlestick Park; 5) that with all of the State, Federal, County and City agencies looking over this project Mr. Dean would not have carte blanche over this project; 6) feels that this is a very good project which will improve the drain systems, etc. Councilman Addiego stated that the majority of Council felt very safe with the mitigation of landslides in areas of week soil. He questioned the Amendment to the Endangered Species Act~ page wherein it said that the project sponsor should investigate the availability of the landsllde insurance programs, i.e., liability for the cost of damage for future landslides on the site to on-site property and adjacent property should be clarified - he requested an explanation. City Planner Gorney stated that the pro- ject sponsor would be Mr. Dean. Mr. Dean stated that he had not investi- gated the insurance programs, however it was one of the conditions which he would do. 2/27/85 Page 19 PLANNING 13. Public Hearing - Continued. Councilman Addiego left the podium. 14. 15. Public Hearing - GP-84-27 - An Amendment to the Land Use Element of the General Plan to high density residential to medium den- sity on both sides of Miller Avenue; retain high density resi- dential on the north side of Grand Ave., and retain Planned Commercial on the west side of Spruce Ave. south of Miller Ave., in the area generally bounded by Grand, Orange, and Spruce Ave., and Tamarack Lane - Continued from the 1/23/85 and~-~ 2/13/85 meetings. Staff Report 2/27/85 recommending: 1) Continue the Public Hearing and hear testimony; 2) Close the Public Hearln~); 3) Motion to approve Negative Declaration No. No. 471; 4) Motion to adopt the Resolution. (Cassette No. 4) A RESOLUTION APPROVING GENERAL PLAN AMENDMENT GP-84-27 PURSUANT TO PLANNING COMMISSION RESOLUTION NO. 2353 - AMENDMENT TO LAND USE ELEMENT OF THE GENERAL PLAN Staff Report 2/27/85 recommending adoption of a Resolution deter- PLANNING M/S Damonte/Teglla - To adopt the Resolution. RESOLUTION NO. 47-85 roll call vote M/S Damonte/Teglia - To adopt the Resol ution. RESOLUTION NO. 48-85 Carried by majority roll call vote; Addiego voted no. Councilman Addiego left the meeting at 12:17 a.m. Mr. John J. Rolih, 1708 Hunt Dr., Burlingame, stated that he had inherited property at 544 Grand Avenue and had not understood Council action at the previous meeting on this item. He stated that his property was zoned R-3 and that he may want to develop that property to a greater density and felt this should be allowed by the Council. M/S Teglia/Damonte - To approve Negative Declaration No. 471. Carried by unanimous voice vote. M/S Teglia/Damonte - To adopt the Resolution. RESOLUTION NO. 49-85 Carried by unanimous voice vote. M/S Teglia/Damonte - To adopt the Resolution. 2/27/85 Page 20 AGENDA ACTION TAKEN PLANNING 15. Staff Report - Continued. mining that a Project Area Committee shall not be formed for the Project Redevelopment Plan. A RESOLUTION OF THE CITY OF SOUTH SAN FRANCISCO DETERMINING THAT A PROJECT AREA COMMITTEE SHALL NOT BE FORMED IN CONNECTION WITH THE SOUTH SAN FRANCISCO U.S. STEEL PLANT SITE POLICE 16. Staff ~eport 2/27/85 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to adopt an Ordinance regulatlng//^~ 2nd Reading/Adoption AN ORDINANCE ADDING CHAPTER 6.36 ENTITLED "CARD ROOMS REGULATED" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE 17. Staff ~eport 2/27/85 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to adopt an Ordinance regulating~ingo games. 2nd Reading/Adoption AN ORDINANCE REPEALING CHAPTER 6.32 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NO. 808 ENTITLED "AN ORDINANCE REGULA- TING THE CONDUCT OF BINGO GAMES IN THE CITY OF SOUTH SAN FRANCISCO" AND ADDING CHAPTER 6.32 ENTITLED "BINGO GAMES" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE COMMUNICATIONS ~ Letter from Gordon L. Kenny requesting a Public Hearing on 3/13/85 for consideration of the appeal of the Planning Commission's PLANNING RESOLUTION NO. 50-85 Carried by unanimous voice vote. POLICE City Clerk Battaya read the title of the Ordinance in its entirity. M/S Damonte/Teglia - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Damonte/Teglia - To adopt the Ordinance. ORDINANCE NO. 974-85 Carried by unanimous voice vote. City Clerk Battaya read the title of the Ordinance in its entirety. M/S Teglia/Damonte - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Damonte - To adopt the Ordinance. ORDINANCE NO. 975-85 Carried by unanimous voice vote. COMMUNICATIONS M/S Nicolopulos/Damonte - To set 3/13/85 as a Public Hearing. Carried by unanimous voice v~e~7/85 Page 21 AGENDA ACTION TAKEN COMMUNICATIONS COMMUNICATIONS 18. Letter - Continued. decision on 2/14/85 to limit the height and style of a proposed sign at 100 Arroyo Drive. IDR-S-84-171) ITEMS FROM COUNCIL ITEMS FROM COUNCIL 19. Appointments to Boards and Commissions - Parking Place and the Library Commission. M/S Haffey/Damonte - To appoint Richard P. Welker as a Parking Place Commissioner. Carried by unanimous voice vote. Mayor Haffey directed the City Manager to advertise for applicants for the Library Commi ssi on. GOOD AND WELFARE Councilman Damonte requested the City Manager draw up a response to the letters to Council on the South Slope Development. GOOD AND WELFARE No one chose to speak. CLOSED SESSION CLOSED SESSION 20. Closed Session for the purpose of the discussion of personnel mat- ters, labor relations and litiga- tion. Mayor Haffey stated the Council would not hold a Closed Session this evening. M/S Nicolopulos/Damonte - To adjourn the meeting. Carried by unanimous voice vote. ADJOURNMENT: Time of adjournment 12:29 a.m. RESPECTFULLY SUBMITTED: ~ ~att~erk APPROVED: City of South San Fr~i/~ The entries of this Council meeting show the action taken by the CitytC~n ,cil to dispose of an item. Oral communications, arguments, and commentsare recorded 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. 2/27/85 Page 22