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UP-84-705/Diodati had been withdrawn and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