HomeMy WebLinkAboutMinutes 1985-11-13 Chairman Richard A. Halley
Board of Directors:
Roberta Cerri Teglia
Mark N. Addiego
--Emanuele N. Damonte
Gus Nicolopulos
MINUTES
Park Recreation and Parkway District
Municipal Services Building
Community Room
November 13, 1985
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the
State of California, that the members of the City Council of the City of South San
Francisco ex-officio members of the Board of Directors of the South San Francisco
Recreation and Park District, will hold a special meeting on Wednesday, the 13th day of
November, 1985 at 7:20 p.m., in the Municipal Services Building, Community Room, 33
Arroyo Drive, South San Francisco, California.
Purpose of the meeting:
1. Approval of the Minutes of the Special Meeting of 10/23/85.
Dated:
e
Staff Report 11/23/85 recommending adoption of a Resolution approving grants
of easement from City of South San Francisco Park Recreation and Parkway
District to Pacific Gas & Electric Company and Pacific Bell - Oyster Point
Boulevard and Oyster Point Marina.
Ri or
Ex-Officio Chairn~/of the
South San Franci~c6'Park Recreation
and Parkway District
November 7, 1985
AGENDA
ACTION TAKEN
SPECIAL MEETING
SPECIAL MEETING
CALL TO ORDER: (Cassette No. 1)
7:23 p.m. Chairman Haffey presided.
ROLL CALL:
Boardmembers present:
Boardmembers absent:
Nicolopulos,
Addiego, Teglia,
Damonte and
Halley.
None.
1. Approval of the Minutes of the
Special Meeting of 10/23/85.
M/S Nicolopulos/Damonte - To approve the
minutes of 10/23/85.
Carried by unanimous voice vote.
®
Staff Report 11/13/85 recommending
adoption of a Resolution approving
grants of easement from City of
South San Francisco Park Recreation
and Parkway District to Pacific
Gas & Electric Co. and Pacific
Bell - Oyster Point Blvd. and
Oyster Point Marina.
Page 1
11/13/85
AGENDA ACTION TAKEN
Staff Report - Continued.
A RESOLUTION APPROVING GRANTS OF
EASEMENT FROM CITY OF SOUTH SAN
FRANCISCO PARK RECREATION AND
PARKWAY DISTRICT TO PACIFIC GAS
AND ELECTRIC COMPANY AND PACIFIC
BELL - OYSTER POINT BOULEVARD AND
OYSTER POINT MARINA
ADJOURNMENT:
RESPECTFULLY SUBMITTED,
Barbara A. Battaya,
South San Francisco Park Recreation
and Parkway District
City Manager Birkelo stated that the
Council packet had not included Exhibit 2
which was delivered to tonight's meeting
and that the descriptions of the ease-
ments were correct.
M/S Nicolopulos/Addiego - To adopt the
Resolution.
RESOLUTION NO. RPD-6
Carried by unanimous voice vote.
M/S Nicolopulos/Addiego - To adjourn the
meeting.
Carried by unanimous roll call vote.
The meeting was adjourned at 7:29 p.m.
APPROVE :
Ex-Officio Chairman/~ the South San
Francisco Park Rec e~tp2~tion and
Parkway District
The entries of this Park Recreation and Parkway District meeting show the action taken by
the District 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.
11/13/85
Page 2
Mayor Richard A. Haffey
Vi ce Mayor Roberta Cerri Teglia
Counci 1:
Mark N. Addiego
Emanuele N. Damonte
Gus Nicolopulos
MINUTES
City Council
Municipal Services Building
Community Room
November 13, 1985
AGENDA
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
PLEDGE OF ALLEGIANCE:
INVOCATION:
PRESENTATION
PROCLAMATION - ANDREW CARNEGIE'S
BIRTHDAY, NOVEMBER 25,
1985
AGENDA REVIEW
City Manager Birkelo requested:
- Stated that Item No. 8 was the
same item approved by the
Park Recreation and Parkway
District and should include
Exhibit 1.
- Add Item No. lOa. recommending
that a determination be made
that the structure at 653 Spruce
Avenue is not a landmark.
- Add Item lOb. Adoption of a
Resolution commending Emanuele
N. Damonte for his service to
the City.
- Add Item 24a. Adoption of a
Resolution accepting and
approving a M.O.U. for the SSF
International Assoc. of Fire
Fighters, Local 1507, AFL-CIO.
- Add Item No. 24b. Information
had been provided in the Council
Friday packet relating to the
General Services Surplus prop-
ACTION TAKEN
7:33 p.m. Mayor Haffey presiding.
Council present:
Council absent:
Nicolopulos, Addiego,
Teglia, Damonte and
Haffey.
None.
The pledge of allegiance was recited.
Reverend Robin Dummer, Grace Covenant
Church, gave the invocation.
PRESENTATION
City Librarian Goodrich accepted the
Proclamation and spoke in detail of the
November activities that would occur in
celebration of the birthday as the Grand
Avenue Library was a Carnegie Building.
AGENDA REVIEW
11/13/85
Page i
F
AGENDA
ACTION
TAKEN
AGENDA REVIEW
erty declaration of a property
on San Mateo Avenue close to
the San Bruno border.
- Add Item No. 18a. Discussion
on the continuation of the
Close Up Program.
Mayor Haffey requested:
- Add under Items from Council,
Reappointment of Louis
Matteucci to the Parking
Place Commission.
ORAL COMMUNICATIONS
COMMUNITY FORUM
CONSENT CALENDAR
1. Minutes of the Regular Meeting of
10/23/85.
0
Staff Report 11/13/85 recommending
by Motion to deny and refer the
following claims to the City's
Insurance Adjuster and to the
Office of the City Attorney:
a) Claim as filed by Pamela Murdoch
as conservator for her mother
Anita Leet, alleging costs for
transportation as provided by
the Paramedics to Seton Medical
Center as the result of injuries
sustained by her mother during
an altercation with a Police
Officer;
b) Claim as filed by Richard E.
McGreevy, Esq. on behalf of
AGENDA REVIEW
So ordered.
So ordered.
ORAL COMMUNICATIONS
No one chose to speak.
COMMUNITY FORUM
Councilman Nicolopulos expressed grati-
tude to the people for the vote of
confidence in his successful bid for
reelection.
He expressed appreciation to out-going
Councilman Damonte's years of service to
the City.
CONSENT CALENDAR
Approved.
So ordered.
11/13/85
Page 2
AGENDA
CONSENT CALENDAR
2. Staff Report - Continued.
Shirley E. Wood, alleging
injuries sustained as the result
of a fall on a City sidewalk.
0
Staff Report 11/13/85 recommending
by Motion to accept the Mission/
Evergreen Storm Drain Improvements
Project No. SD-81-2A as complete
in accordance with the approved
plans and specifications.
®
Staff Report 11/13/85 recommending
adoption of a Resolution approving
plans and specifications, author-
izing the work and calling bids for
the Brentwood Park/Zamora Lot
Lighting Project.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR THE
BRENTWOOD PARK - ZAMORA COURT
PLAYLOT LIGHTING PROJECT, PROJECT
NO. PR-85-3
Staff Report 11/13/85 recommending
adoption of a Resolution approving
plans and specifications, author-
izing the work and calling bi ds for
the Orange Park picnic area,
Paradise Valley Park and Winston
Manor No. I Park play equipment and
acquisition.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR ORANGE
MEMORIAL PARK - PICNIC AREA,
PARADISE VALLEY PARK, & WINSTON
MANOR #1 PARK PLAY EQUIPMENT
ACQUISITION, PROJECT PR-85-4, BID
#1697
®
Staff Report 11/13/85 recommending
adoption of a Resolution to author-
ize the Purchasing Officer to soli-
cit proposals and to select eight
ACTION TAKEN
CONSENT CALENDAR
Approved.
RESOLUTION NO. 229-85
RESOLUTION NO. 230-85
11/13/85
Page 3
A G E N D A A C T I O N T A K E N ~-~,
CONSENT CALENDAR
6. Staff Report - Continued.
used vehicles from major rental car
fi rms.
A RESOLUTION APPROVING SPECIFI-
CATIONS, AUTHORIZING THE PURCHASE
OF SUPPLIES, EQUIPMENT OR SERVICES
AND CALLING BIDS FOR EIGHT USED
VEHICLES
®
Staff Report 11/13/85 recommending
adoption of a Resolution to award
the bid for the purchase of one
Dump Truck 46000 GVW to GMC Truck &
Coach Operation who submitted the
lowest responsible bid in the
amount of $48,393.60.
A RESOLUTION OF AWARD OF CONTRACT
FOR ONE (1) DUMP TRUCK 46000 GVW
Staff Report 11/13/85 recommending
adoption of a Resolution approving
grants of easement from City of
South San Francisco to Pacific Gas
& Electric Company and Pacific
Bell - Oyster Point Blvd. and
Oyster Point Marina.
A RESOLUTION APPROVING GRANTS OF
EASEMENT FROM CITY OF SOUTH SAN
FRANCISCO TO PACIFIC GAS &
ELECTRIC COMPANY AND PACIFIC BELL -
OYSTER POINT BLVD. AND OYSTER
POINT MARINA
®
Staff Report 11/13/85 recommending
adoption of a Resolution to author-
ize the Police Department to enter
into an agreement to share an auto-
mated fingerprint identification
system with the San Francisco
Police Department.
A RESOLUTION AUTHORIZING THE SOUTH
SAN FRANCISCO POLICE DEPARTMENT TO
ENTER INTO AN AGREEMENT TO SHARE AN
AUTOMATED FINGERPRINT IDENTIFI-
CATION
CONSENT CALENDAR
RESOLUTION NO. 231-85
RESOLUTION NO. 232-85
RESOLUTION NO. 233-85
(To include Exhibit 1)
Removed from the Consent Calendar for
discussion by Councilman Addiego.
11/13/85
Page 4
AGENDA
ACTION
TAKEN
CONSENT CALENDAR
10.
Staff Report 11/13/85 recommending
by Motion to accept the West Orange
Library Parking Lot Improvements,
Project No. PB-83-4, as complete in
accordance with the approved plans
and specifications.
lOa. Staff Report 11/13/85 recommending
that a determination be made that
the structure at 653 Spruce Avenue,
owned by Mr. DeTomasi, is not a
landmark pursuant to Interim
Ordinance No. 942-84.
lOb. Adoption of a Resolution commending
Emanuele N. Damonte.
A RESOLUTION COMMENDING EMANUELE
"MIDGE" DAMONTE
®
Staff Report 11/13/85 recommending
adoption of a Resolution to author-
ize the Police Department to enter
into an agreement to share an auto- _
mated fingerprint identification ~ID~
system with the San Francisco
Police Department.
A RESOLUTION AUTHORIZING THE SOUTH
SAN FRANCISCO POLICE DEPARTMENT TO
ENTER INTO AN AGREEMENT TO SHARE AN
AUTOMATED FINGERPRINT IDENTIFI-
CATION
APPROVAL OF BILLS
11. Approval of the Regular Bills of
CONSENT CALENDAR
Approved.
Approved.
RESOLUTION NO. 234-85
M/S Teglia/Damonte - To approve the
Consent Calendar with the exception of
Item No. 9.
Carried by unanimous voice vote.
Councilman Addiego questioned the San
Francisco policy change.
Police Chief Datzman stated that with the
number of agencies involved it was not
feasible for them to enter their own
prints.
M/S Addiego/Teglia - To adopt the
Resolution.
RESOLUTION NO. 235-85
Carried by unanimous voice vote.
APPROVAL OF BILLS
M/S Nicolopulos/Teglia - To approve the
Regular Bills of 11/13/85 in the amount
of $1,797,422.56.
Carried by unanimous voice vote.
Councilman Addiego did not vote or par-
ticipate in the matter of Brentwood
Market.
11/13/85
Page 5
AGENDA
ACTION TAKEN
COMMUNITY DEVELOPMENT & ADMINISTRATION
12.
Staff Report 11/13/85 recommending
adoption of a Resolution author-
izing an amendment to the Site
Preparation Agreement between the
Price Company and the City.
A RESOLUTION AUTHORIZING EXECUTION
OF SECOND AMENDMENT TO EXHIBIT "B"
OF THE GROUND LEASE BETWEEN THE
CITY OF SOUTH SAN FRANCISCO AND THE
PRICE COMPANY
COMMUNITY DEVELOPMENT & ADMINISTRATION
City Manager Birkelo stated that a few
weeks ago he had brought to Council the
request from the Price Co. to extend the
commencement date to the lease agreement
between the City and the Company because
of permit time delays, namely BCDC, and
it would not be possible for them to
begin construction until the spring time.
He stated that the Council agreed to the
extension but Staff failed to include a
date specific that had been requested,
5/1/86, for the commencement date and
recommended that it be done at this time.
He stated that the matter with BCDC would
be resolved and Staff should be pre-
paring, in the next few days, the City's
joint application with the Price Co. for
their revised plan but reserving the
City's right to contest their jurisdic-
tion in the area so that the joint par-
ticipation in the application merely said
that as the custodian of the adjacent
lands where BCDC would like to see some
possible improvements that the City was
accepting those even if the City had
reservations at this time on jurisdiction
in the matter.
Councilman Addiego stated that it
appeared as if the City was agreeing to
the terms of the Price Club, and
questioned whether it was a blanket
agreement.
City Manager Birkelo stated that the City
would be participating, but not agreeing
that BCDC had the legal right to acquire
it - and might want to reserve the right
to a challenge. He stated that the Army
Corp. of Engineers was involved but did
not anticipate a problem.
M/S Addiego/Nicolopulos - To adopt the
Resolution.
RESOLUTION NO. 236-85
Carried by unanimous voice vote.
11/13/85
Page 6
AGENDA
ACTION TAKEN
COMMUNITY DEVELOPMENT & ADMINISTRATION
13.
Staff Report 11/13/85 recommending:
1) Motion to certify Neg. Dec. 537;
2) Motion to waive further reading
of the Ordinance; 3) Motion to
introduce the Ordinance on Subdiv-
isions; 4) Motion to waive further
reading of the Ordinance; 5) Motion
to introduce the Ordinance on ~l~l~
Development Fees.
1st Reading/Introduction
AN ORDINANCE AMENDING VARIOUS
PROVISIONS OF TITLE 19 OF THE SOUTH
SAN FRANCISCO MUNICIPAL CODE AND OF
ORDINANCE NO. 861 (SUBDIVISIONS) ll.qa
1st Reading/Introduction
AN ORDINANCE ADDING SECTION
15.08.055 ADDING SUBSECTION 302(e)
TO THE SOUTH SAN FRANCISCO
MUNICIPAL CODE PROVIDING FOR
DEVELOPMENT FEES RELATED TO THE
COST OF BRIDGES AND MAJOR THOROUGH-
FARES
COMMUNITY DEVELOPMENT & ADMINISTRATION
Director of Planning Smith stated that
the Ordinances had been prepared by the
City Attorney with input from the various
City Departments and that most of the
revisions were intended to implement
recent changes in the State Map Act. She
continued, the major changes were related
to park dedication requirements, vesting
tentative maps, the period of time for
which a tentative map was valid, and
development fees for bridges and major
thoroughfares.
Discussion followed: park dedication
flat fees; the need to provide three
acres of park area per thousand persons
residing within a subdivision unless the
amount of existing park area exceeds that
limit; the Quimby Act had been opposed by
the League of California Cities; the
rationale for the decision to reimburse
the subdivider the difference between the
amount it would have cost the subdivider
to install such improvements to serve the
subdivision only and the actual cost of
the improvements; having the Park &
Recreation Commission look over the
Ordinances before they were adopted; etc.
M/S Damonte/Addiego - To certify Negative
Declaration No. 537.
Carried by unanimous voice vote.
M/S Teglia/Damonte - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Damonte/Teglia - To introduce the
Ordinance on Subdivisions.
Carried by unanimous voice vote.
M/S Teglia/Addiego - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Addiego - To introduce the
Ordinance on Development Fees.
Carried by unanimous voice vote.
11/13/85
Page 7
AGENDA
ACTION TAKEN
COMMUNITY DEVELOPMENT & ADMINISTRATION
14.
Staff Report 11/13/85 recommending
adoption of a Resolution adopting
findings and statement of facts and
overriding considerations, and
approving execution of the Fifth
Amendment to the Owner
Participation Agreement for the
Gateway Redevelopment Project.
A RESOLUTION ADOPTING FINDINGS AND
STATEMENT OF FACTS, ADOPTING
STATEMENT OF OVERRIDING CONSIDERA-
TIONS, AND APPROVING AND AUTHOR-
IZING EXECUTION OF THE FIFTH
AMENDMENT TO THE OWNER
PARTICIPATION AGREEMENT FOR THE
GATEWAY REDEVELOPMENT PROJECT
15.
Public Hearing - UP-80-586/Mod 3,
Appeal by D. G. Patel of the
Planning Commission's decision
denying the installation of a
satellite disk antenna at an
existing motel at 170 Airport Blvd.
Staff Report 11/13/85 recommending:
1) Continue the Public Hearing and
hear testimony; 2) Close the Public
Hearing; 3) Motion to deny the
appeal - Continued from 10/23/85.
COMMUNITY DEVELOPMENT & ADMINISTRATION
Director of Planning Smith stated that
this was the Fifth Amendment to the Owner
Participation Agreement and would conform
the Oyster Point contribution formula
adopted in the fourth amendment to the
formula adopted by the City Council in
May 1985. She continued, it will also
expand the permitted number of hotel
rooms to 1,300, based upon the evaluation
of the change as addressed in the
Supplemental Final EIR certified on
8/24/85.
M/S Teglia/Nicolopulos - To adopt the
Resolution.
RESOLUTION NO. 237-85
Carried by unanimous voice vote.
Director of Planning Smith stated that
the recommendation was to deny the appeal
based on the knowledge that purpose of
the dish is not necessary for the use and
there are less intrusive methods to
achieve the stated objective of the dish;
that the dish would be obtrusive aesthe-
tically to surrounding properties; the
use would be adverse to the public health
and a threat to the surrounding
properties.
Mayor Haffey opened the Public Hearing
and invited those wishing to speak in
favor of the appeal to step to the dais.
Elladene Katz, Atty. at Law, stated that
she represented the Patel family and pro-
ceeded to argue in favor of the appeal:
that the business was a reputable motel;
that there was not an Ordinance in the
City to ban satellite disk antennas; that
a permit had been requested based on the
existing use permit; that she did not
believe that the permit was required for
the disk that was located on the proper-
ty; that the Patel family had requested a
permit as a good faith measure; that the
disk would enhance the primary use of the
property; that the Federal Government by
a constitutional act was preempted from
11/13/85
Page 8
AGENDA
ACTION TAKEN
COMMUNITY DEVELOPMENT & ADMINISTRATION
15. Public Hearing - Continued.
16.
Public Hearing - UP-85-745 -
Carroll/REM (joseph David Goldman
etal Owners) Demolition of an
existing gasoline service station
and construction of a new mini
market and Negative Declaration No.
529 at the southwest corner of E1
Camino Real and Westborough
Boulevard - appeal of the Planning
Commission decision of 10/10/85.
Staff Report 11/13/85 recommending:
1) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Motion to deny the
appeal.
COMMUNITY DEVELOPMENT & ADMINISTRATION
trying to regulate satellite antennas;
that the Planning Commission denial was
an attempt to over rule Federal Law, etc.
Mayor Haffey invited those wishing to
speak against the appeal to step to the
dais - no one chose to speak and he
closed the Public Hearing.
Discussion followed: whether there was or
was not an Ordinance on the books prohi-
biting satellite disk antennas; that it
did not violate the Federal or State
Laws; the existence of other satellite
disk antennas within the City; that the
disk had been in place for one year;
there was not an Ordinance on the books
that regulated the disks; that the origi-
nal Staff recommendation to the Planning
Commission was for approval and the
Commission had denied the disk; a
question of whether the disk was detri-
mental to health and welfare, etc.
M/S Damonte/Addiego - To uphold the
appeal.
Carried by unanimous voice vote.
Director of Planning Smith recommended
that the Council deny the appeal based on
the following findings: 1) The proposed
use would cause severe on and off traffic
circulation problems, and the sale of
convenience items would be further detri-
mental; 2) The proposed use is not
aesthetically pleasing on that site, nor
is the need for the proposed use so com-
pelling that aesthetics should be overru-
led; 3) The proposed use will be adverse
to the public health, safety, welfare,
and comfort of the community and detri-
mental to surrounding property values.
Mayor Haffey opened the Public Hearing
and invited those wishing to speak in
favor of the appeal to step to the dais.
Mr. Clifford Perry, Civil Engineer repre-
senting Chevron Oil Co. and the applicant
Mr. Zanetti, presented slides of the
11/13/85
Page 9
AGENDA
ACT I.O_N_ TAKEN.
COMMUNITY DEVELOPMENT & ADMINISTRATION
16. Public Hearing - Continued.
RECESS:
RECALL TO ORDER:
17.
Public Hearing - Shearwater
Redevelopment Project - To approve
the General Plan Amendment, Zoning
Amendment, Rezoni ng, Tentative
Subdivision Map and Specific Plan
applications (GPA-85-28, ZA-85-32,
RZ-85-79, SA-85-91, SP-85-5).
COMMUNITY DEVELOPMENT & ADMINISTRATION
proposed kiosk. He spoke in detail of
the 1986 Chevron projection: that 86% of
the people would use self serve stations;
that the station would serve 75 cars an
hour - with a capacity of 120 cars an
hour; that the new station would be
aesthetically pleasing; that the
Station's revenue should double; that the
exit driveway would be replaced, etc.
Mayor Haffey invited those wishing to
speak against the appeal to step to the
dais - no one chose to speak and he
closed the Public Hearing.
Councilman Damonte stated that the
existing station was not aesthetic and
was in favor of the new station.
Deputy City Manager/City Engineer Yee
recommended that the driveway on E1
Camino Real be shifted southward and that
he would review the plans for the
driveway.
M/S Teglia/Damonte - To uphold the appeal
and require that the other driveway be
moved southward; and adding the findings
and conditions as contained in the Staff
Report.
Carried by unanimous voice vote.
M/S Teglia/Damonte - To approve Negative
Declaration No. 529.
Carried by unanimous voice vote.
Mayor Haffey declared a recess at 9:15
p.m.
Mayor Haffey recalled the meeting to
order at 9:40 p.m., all Council present,
City Planner Gorney spoke in detail of
the actions contained in the many
Resolutions, the Ordinance, the Tentative
Subdivision Map and the amenities of
the Project which included needed housing
in the City.
11/13/85
Page 10
AG E N D A A C T I O N T A K E N -~-~
COMMUNITY DEVELOPMENT & ADMINISTRATION
COMMUNITY DEVELOPMENT & ADMINISTRATION
17.
Staff Report 11/13/85 recommending:
Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Adoption of a
Resolution of findings and state-
ment of fact; 4) Adoption of a
Resolution of statement of over-
riding considerations; 5) Adoption
of a Resolution approving the
General Plan Amendment; 6) Adoption
of a Resolution approving and
authorizing execution of an
Participation Agreement; 7) Motion
to approve the Tentative
Mr. Bill Ziebron, EIP Company Consultant,
stated that he had prepared the E.I.R.
for the Shearwater Project and proceeded
to highlight the document.
Mr. Juergen Fehr, Registered Traffic
Engineer, stated that he had authored the
traffic study for the Shearwater Project
and had looked at the traffic in the area
and had addressed the worse case con-
ditions in the area and the cumulative
build out which he proceeded to describe.
He stated that with shuttle buses and car
pools being used it would mitigate the
Subdivision Map; 8) Motion to waive ~ traffic congestion by 20%.
further reading of the Ordinance; ~'~..~
9) Motion to introduce the ~ Mayor Halley opened the Public Hearing
Ordinance. ~1-- and invited those wishing to speak in
favor of the Project to step to the dais.
A RESOLUTION ADOPTING FINDINGS AND
STATEMENT OF FACTS SUPPORTING
FINDINGS PURSUANT TO CONSIDERATION
OF THE "FINAL ENVIRONMENTAL IMPACT
REPORT FOR THE SHEARWATER
DEVELOPMENT PROJECT"
A RESOLUTION ADOPTING A STATEMENT
OF OVERRIDING CONSIDERATIONS
RELATED TO APPROVAL AND ADOPTION OF
THE SHEARWATER DEVELOPMENT PROJECT
A RESOLUTION APPROVING GENERAL PLAN
AMENDMENT GP-85-28 PURSUANT TO
PLANNING COMMISSION RESOLUTION
NO. 2364 ADOPTED THE lOTH DAY OF
OCTOBER, 1985
A RESOLUTION APPROVING AND AUTHOR-
I!ZING EXECUTION OF AN OWNER
PARTICIPATION AND DEVELOPMENT
AGREEMENT BY AND AMONG THE CITY OF
SOUTH SAN FRANCISCO, THE
REDEVELOPMENT AGENCY OF THE CITY OF
SOUTH SAN FRANCISCO AND NEVILLE H.
PRICE AND ROSEMARY C. I. PRICE
ZONE DISTRICT" TO THE SOUTH SAN
FRANCISCO MUNICIPAL CODE
Mr. Neville Price, Owner of Shearwater,
spoke in support of the project as it was
valuable because of the solid ground and
natural harbor.
Mr. John Aguillar, Homart, spoke in favor
of the Project.
Mr. Rich Diodati, President of PIBC and
the Owner of the Oyster Park, spoke in
favor of the project and its involvement
with the PIBC which was enhancing the
City. He spoke of the concern of the
Airport of the residential area being
under a flight pattern and stated that
could be mitigated by the sound design of
the future buildings.
Ms. Nancy Kelly, PIBC, stated that PIBC
encompassed the five projects and
Terrabay with involvement by Chiltern
since the organization was formed in
November of '84, to market the area on
that side of the freeway. She stated
that Shearwater would provide the
cultural center, convention center, a
marina, shopping center, retail and com-
mercial center which was important to the
City.
Mr. Boswick, San Mateo County Development
Council, congratulated the Council on the
11/13/85
Page 11
AGENDA
COMMUNITY DEVELOPMENT & ADMINISTRATION
17. Public Hearing - Continued.
ACTION
TAKEN
COMMUNITY DEVELOPMENT & ADMINISTRATION
growth with multi-use in the City and was
in support of the project.
Mayor Halley invited those wishing to
speak in opposition to the Project to
step to the dais.
Mr. Ronald Wilson, S.F.I.A., proceeded to
read a letter on Shearwater as it was
presently proposed and requested that it
be made a part of the record of this
meeting. (Said letter is attached and a
permanent part of the record of this
meeting.)
Discussion followed on the various points
covered in the letter: that Vice Mayor
Teglia wanted a copy of the noise contour
map; the actual location of 28; whether
the Airport intended to increase the use
of the shoreline, etc.
Mr. Fred Etzer presented a letter from
Brisbane which addressed the following
concerns: 1) traffic; the Oyster Point
Interchange; 3) that Brisbane wanted to
be part of the project plans.
Mr. Kenneth Floyd, Daly City, stated that
10% of the airplanes follow the flight
path and that the rest deviated and fly
over his home. He stated that the
Council could not mitigate noise from
airplanes and urged the Council to omit
residential development in the plan.
Mr. Douglas Butler stated that to approve
the project was a disservice as the noise
will not be mitigated to 45 decibles. He
stated that he lived under the gap and
that a compromise would send more trips
over his home; impact City streets;
causing gridlock conditions. He stated
that the project was too massive with a
hotel 290' and there was already a glut
of office space and hotels. He stated
that the Council should let the market
dictate and that the project should be
scaled down and work out the traffic
problems.
1/13~5
age ~z
GOOD EVENING.
ON BEHALF OF THE AIRPORTS COMMISSION OF THE CITY AND COUNTY OF
SAN FRANCISCO.
I HAVE SUBMITTED SIX COPIES OF A LETTER SIGNED BY THE
DIRECTOR OF AIRPORTS, LOUIS A. TURPEN, TO THE CITY CLERK,
REGARDING THE POSITION OF THE AIRPORT'S COMMISSION ON THE
SHEARWATER PROJECT, AS IT IS PRESENTLY PROPOSED. I REQUEST THAT
THE LETTER BE MADE A PART OF THE RECORD OF THESE PROCEEDINGS.
I WOULD LIKE TO EMPHASIZE A FEW OF THE POINTS RAISED IN
MR. TURPEN'S LETTER.
THE AIRPORT REMAINS OPPOSED TO ANY RESIDENTIAL DEVELOPEMENT
WITHIN THE SHEARWATER PROJECT. ALTHOUGH THE PROJECT AS IT IS
PRESENTLY PROPOSED REDUCES THE NUMBER OF HOUSING UNITS FROM 350
TO 300, THAT REDUCTION CANNOT RATIONALLY BE CONSIDERED A
MITIGATION OF THE SERIOUS NOISE IMPACT ON THE RESIDENTIAL USE OF
THE PROPERTY. AS THE STAFF REPORT SUBMITTED TO YOU FOR YOUR
CONSIDERATION ADMITS, THE CNEL NOISE LEVEL ON THE SHEARWATER SITE
IS 70-75 DBA. THE AIRPORTS LAND USE COMMISSION HAS DETERMINED IN
ITS AIRPORT LAND USE PLAN THAT NEW RESIDENTIAL USES SHOULD NOT BE
CONSTRUCTED IN AREAS WITH A NOISE LEVEL OF CNEL 70 DBA OR ABOVE.
IN ADDITION, THE ENVIRONMENTAL REVIEW OF THE IMPACT OF
AIRCRAFT OVERFLIGHT NOISE ON THE RESIDENTIAL USE OF THE PROPERTY
ADMITS THAT RESIDENTIAL USE OF THE SHEARWATER SITE IS
INCOMPATIBLE WITH THE NOISE ELEMENT OF THE CITY OF SOUTH SAN
FRANCISCO'S GENERAL PLAN. IN PREVIOUS HEARINGS ON THE SHEARWATER
Page 12a
-1- 11/13/85
MY NAME IS RON WILSON. I AM APPEARING HERE
PROJECT, IT HAS BEEN SUGGESTED THAT SAN FRANCISCO INTERNATIONAL
AIRPORT DEVELOP ALTERNATE DEPARTURE PATHS TO AVOID CONTINUED
OVERFLIGHT NOISE IMPACTS ON THE PROJECT AREA.
SUCH A SUGGESTION IGNORES TWO BASIC FACTS: FIRST, THE ONLY
ALTERNATIVES THAT DO NOT INVOLVE SIGNIFICANT AIRPORT BAY FILL
WILL RESULT IN INCREASING NOISE TO EXISTING RESIDENTIAL AREAS OF
SOUTH SAN FRANCISCO AND TO YOUR SISTER COMMUNITIES OF MILLBRAE,
SAN BRUNO, HILLSBOROUGH AND BURLINGAME. THE NOISE ELEMENT OF
YOUR GENERAL PLAN RECOGNIZES AND SUPPORTS THE USE OF THE
SHORELINE DEPARTURE FROM RUNWAYS 28L AND 28R AS A CRITICAL NOISE
MITIGATION MEASURE. AND YOUR NOISE ELEMENT STATES A CLEAR POLICY
THAT REDUCTION OF NOISE IN ONE COMMUNITY SHALL NOT BE
ACCOMPLISHED BY SHIFTING THE NOISE TO ANOTHER COMMUNITY.
SECOND, THE BAY CONSERVATION DEVELOPMENT COMMISSION HAS
INDICATED IN ITS COMMENTS ON THE SHEARWATER PROJECT THAT
OVERFLIGHT NOISE MITIGATION REQUIRING BAY FILL IS UNACCEPTABLE.
THE AIRPORT REMAINS COMMITTED TO THE CONTINUED, AND,
INDEED, INCREASED, USE OF THE SHORELINE DEPARTURE TO MITIGATE
OVERFLIGHT NOISE IMPACTS ON THE RESIDENTS OF SOUTH SAN FRANCISCO
AND OTHER PENINSULA CITIES. WE URGE YOU TO JOIN US IN THIS
COMMITMENT AND TO DENY RESIDENTIAL USES IN THE SHEARWATER PROJECT.
EVEN IF YOU WISH TO CONSIDER THE INCLUSION OF RESIDENTIAL
DEVELOPMENT IN THE SHEARWATER PROJECT, YOUR CONSIDERATION OF SUCH
DEVELOPMENT TONIGHT IS PREMATURE. THE ENVIRONMENTAL REVIEW OF
THE NOISE IMPACT WAS NOT BASED ON A NOISE ASSESSMENT OF THE
Pa§e 12b
-2- 11/13/85
PROJECT AREA AND THEREFORE DOES NOT MEET MINIMUM STATE
REQUIREMENTS. MORE IMPORTANT, THE NOISE STUDY REQUIRED BY
SPECIAL CONDITION 24 COMES TOO LATE IN THE ENVIRONMENTAL REVIEW
PROCESS AND WILL NOT ADEQUATELY MITIGATE THE NOISE IMPACTS ON THE
SHEARWATER RESIDENTIAL UNITS. IF YOU APPROVE THE SHEARWATER
PROJECT BEFORE THIS NOISE ASSESSMENT IS COMPLETED, YOU WILL HAVE
NO OPPORTUNITY TO DETERMINE WHETHER IT IS ECONOMICALLY FEASIBLE
TO INSULATE THE DWELLING UNITS SUFFICIENT TO MEET YOUR STATED
GOAL OF A 45 DBA INTERIOR NOISE LEVEL.
THE ENVIRONMENTAL REVIEW DOCUMENTS ALSO ADMIT THAT SINGLE
EVENT NOISE IMPACTS FROM OVERFLIGHTS CAN BE AS HIGH AS 105 DBA
AND CAN OCCUR AS OFTEN AS 300 TIMES A DAY. THE DRAFT
ENVIRONMENTAL IMPACT REPORT DESCRIBES THE IMPACT OF 105 DBA AS
EQUIVALENT TO THE NOISE OF A PILE DRIVER HEARD FROM A DISTANCE OF
ONLY 50 FEET.
THOSE DOCUMENTS, HOWEVER, STATE NO PROPOSED MITIGATION FOR
THOSE EXTREMELY HIGH NOISE EVENTS. IN FACT, THE FINAL
ENVIRONMENTAL IMPACT REPORT DOES NOT RESPOND TO AN IMPORTANT
COMMENT MADE BY MR. WINDELL PHILLIPS OF THE STATE DEPARTMENT OF
HEALTH SERVICES. MR. PHILLIPS NOTED THAT INSULATION NEEDED TO
REDUCE CNEL LEVELS FROM 70 DBA TO 45 DBA WILL REDUCE SINGLE EVENT
NOISE FROM 105 DBA TO ONLY 80 DBA, A NOISE LEVEL WHICH AWAKENS
PEOPLE AND INTERFERES WITH HEARING AND UNDERSTANDING SPEECH.
BECAUSE OF THE SEVERITY OF SINGLE EVENT NOISE FROM
OVERFLIGHTS AND BECAUSE YOUR ENVIRONMENTAL REVIEW HAS NOT
Page 12c
-3- 11/13/85
ADDRESSED SINGLE EVENT NOISE, THE NOISE STUDY I MENTIONED EARLIER
SHOULD INCLUDE AN ASSESSMENT OF SINGLE EVENT NOISE IMPACT.
WITHOUT AN ASSESSMENT OF THAT IMPACT BEFORE YOUR APPROVAL OF THE
SHEARWATER PROJECT, YOU HAVE NO BASIS FOR DETERMINING WHETHER, OR
TO WHAT EXTENT, NOISE MITIGATION MEASURES ARE FEASIBLE.
FOR THE RECORD, I SHOULD ALSO POINT OUT THAT, ALTHOUGH THE
STAFF REPORT SUBMITTED TO YOU STATES THAT THE OWNER HAS OFFERED A
NOISE EASEMENT TO SAN FRANCISCO INTERNATIONAL AIRPORT, NO SUCH
OFFER HAS BEEN CONVEYED TO THE AIRPORTS COMMISSION. IN FACT, IN
HIS COMMENTS IN THE FINAL ENVIRONMENTAL IMPACT REPORT, THE OWNER
OF THE SITE STATES THAT HE "WILL IN NO WAY CONSIDER AN EASEMENT
FOR THE BENEFIT OF THE AIRPORT, THE AIRPORT COMMISSION OR ANY OF
ITS AFFILIATES."
THE LETTER I HAVE SUBMITTED THIS EVENING ALSO DISCUSSES
SEVERAL SERIOUS INADEQUACIES IN YOUR ENVIORNMENTAL REVIEW OF THE
TRAFFIC IMPACTS OF THE PROPOSED SHEARWATER PROJECT. THE
ENVIRONMENTAL IMPACT REPORT RECOGNIZES THAT TRAFFIC WILL BECOME
GRIDLOCKED AT SEVERAL LOCATIONS IN SOUTH SAN FRANCISCO AS A
RESULT OF THE SHEARWATER PROJECT AND OTHER DEVELOPMENTS ALONG THE
EAST SIDE OF HIGHWAY 101. HOWEVER, THE REPORTS FAIL TO RESPOND
TO COMMENTS FROM STATE AGENCIES AS WELL AS INDIVIDUALS THAT THE
PROPOSED MITIGATION MEASURES ARE BASED ON OVERLY GENEROUS
ASSUMPTIONS OF EFFECTIVENESS. FOR EXAMPLE, THE METROPOLITAN
TRANSPORTATION COMMISSION COMMENTED THAT AGGRESSIVE TRAFFIC
SYSTEMS MANAGEMENT SUCH AS CARPOOLING WILL NOT NECESSARILY RESULT
Page 12d
-4- 11/13/85
IN THE SUBSTANTIAL DECREASE IN TRAFFIC ASSUMED IN THE
ENVIRONMENTAL REVIEW DOCUMENTS.
MTC'S COMMENT, AS WELL AS OTHERS CONTAINED IN THE FINAL
ENVIRONMENTAL IMPACT REPORT, INDICATE THAT THE ANALYSIS OF THE
TRAFFIC IMPACTS IS INADEQUATE. THE INADEQUACY OF THE TRAFFIC
IMPACT ANALYSIS IS COMPOUNDED BY THE SIGNIFICANT DIFFERENCE
BETWEEN THE MIX AND INTENSITY OF USES NOW PROPOSED FOR THE
SHEARWATER PROJECT AND THE ORIGINAL PROPOSAL. WE URGE YOU TO
RE-EXAMINE THE TRAFFIC IMPACTS ARISING FROM THE ADDITION OF
116,600 SQUARE FEET OF RETAIL AND RESTAURANT SPACE AND THE
INCREASE OF 300 HOTEL ROOMS BEFORE YOU APPROVE THE SHEARWATER
PROJECT.
IN CONCLUSION, THE AIRPORTS COMMISSION URGES YOU TO REJECT
THE RESIDENTIAL COMPONENT OF THE PROPOSED SHEARWATER PROJECT. WE
ALSO URGE YOU TO REQUIRE THE OWNER TO REEVALUATE THE
ENVIRONMENTAL IMPACTS, PARTICULARLY THE NOISE AND TRAFFIC
IMPACTS, IN LIGHT OF THE PROPOSED CHANGES IN THE PROJECT AND TO
RECIRCULATE THE ENVIRONMENTAL REVIEW DOCUMENTS FOR REVIEW AND
COMMENT BY THE PUBLIC.
2723E/1082S
-5-
Page 12e
11/13/85
AGENDA
ACTION
TAKEN
COMMUNITY DEVELOPMENT & ADMINISTRATION
17. Public Hearing - Continued.
(Cassette No. 3)
-- POLICE
18.
Staff Report 11/13/85 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
COMMUNITY DEVELOPMENT & ADMINISTRATION
Mrs. Avis Savory, 6 Iris Court, stated
that the City had horrendous problems in
traffic and questioned how the City could
allow this massive project to be built
which would further compound the traffic.
She stated that Developers come into the
City making big presentations and that a
as resident she felt victimized. She
stated that she was concerned about noise
pollution with proposed residential deve'
lopments. She stated that houses could
not be insulated unless the residents
never opened their window.
Ms. Eleanore Larson, San Bruno, stated
that the Shearwater site was 70-75 CNEL
Which did not coincide with Title 19 cri-
teria of 45 decibles. She stated that as
a professional she designed noise cri-
teria for private offices, TV studios and
homes to attenuate noise to between 25-30
CNEL which to accomplish needed closed
space, no windows, and a mechanical
system to run 24 hours a day. She recom-
mended that the Developer hire an
acoustical engineer to make a study of
the project.
Ms. Delores Huajardo, Burlingame, stated
that she had helped organize the Airport
noise suits as Burlingame gets 75% of
Airport flights. She stated that she was
against having residential units in the
project as the noise would be unbearable.
Ms. Linda Geyson, Burlingame, stated that
she had also been invol'ved in the law
suits and that the shoreline departure
came over Ecles where she works and that
the noise vibration was hard to mitigate.
Mayor Haffey stated that this item would
be carried over to the 11/27/85 meeting
for the new Council without any action
being taken.
POLICE
Mayor Haffey stated that due to the late-
ness of the hour this item would be
carried over to the next regular meeting.
'11/13/85
Page 13
AGENDA
ACTION TAKEN.
--- -POLICE
18. Staff Report - Continued.
introduce the Ordinance on tow
cars,
18a.
1st Reading/Introduction
AN ORDINANCE REPEALING CHAPTER 6.64
OF THE SOUTH SAN FRANCISCO
MUNICIPAL CODE AND ORDINANCE NOS.
763 AND 841 ENTITLED "TOW CAR
SERVICES" AND ADDING CHAPTER 6.64
ENTITLED "TOW CAR SERVICES
Discussion of the continuation
of the Cl'ose Up Program.
!ECHNICAL & MAINTENANCE SERVICES
21.
Staff Report 11/13/85 recommending
adoption of a Resolution approving
specifications and calling bids for
the Street and Parkway Landscape
Maintenance Services, Bid No. 1661.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR STREET
AND PARKWAY LANDSCAPE MAINTENANCE
SERVICES, BID NO. 1661
ITEMS FROM STAFF
22.
Request for a street closure for
the Fun Run on Saturday, 11/23/85,
Orange Avenue between Memorial and
Tennis Drive and Railroad Ave. from
Maple to Orange Avenues.
23.
Review of PG&E's request for right-
of-entry into City property adja-
cent to the navigable slough for
transmission line installation.
POLICE
M/S Teglia/Damonte - To continue the
Close Up Program with $25.00 per each
student.
Carried by unanimous voice vote.
TECHNICAL & MAINTENANCE SERVICES
Mayor Haffey continued the item to the
'next regul ar meeting.
ITEMS FROM STAFF
No action taken.
Discusion followed: that this would
entail new poles for transmission lines
that would be 45' high; recommendation of
a focused EIR being done; that PG&E would
be required to apply for an encroachment
permit; that PG&E should think about
undergrounding; PG&E contended that a
focused EIR was not needed and that a
pole of this voltage could not be
undergrounded, etc.
11/13/85
Page 14
AGENDA
A_C__T_I_ON TAKEN
ITEMS FROM STAFF
24.
Staff Report 11/13/85 providing
information on proposals received
for "All Risk" Insurance for City
property.
24a. Staff Report 11/13/85 recommending
adoption of a Resolution accepting
and approving a Memorandum of
Understanding between the City of
South San Francisco and the
International Association of Fire
Fighters, Local 1507, AFL-CIO for
the period of November 1, 1985
through June 30, 1988.
A RESOLUTION ACCEPTING AND APPROVING
A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SOUTH SAN
FRANCISCO AND THE INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS,
LOCAL 1507, AFO-CIO FOR THE
PERIOD NOVEMBER 1, 1985 THROUGH
JUNE 30, 1988
TECHNICAL & MAINTENANCE SERVICES
19.
Public Hearing - Proposed vacation
of a portion of a public utility
and fire access easement within ~
parcel E of the Parcel Map of s/')~
Century Plaza.
Staff Report 11/13/85 recommending:
1) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Adoption of a
Resolution.
A RESOLUTION ORDERING THE VACATION
OF A PORTION OF A PUBLIC UTILITY
AND FIRE ACCESS EASEMENT WITHIN
PARCEL "E" OF THE PARCEL MAP OF
CENTURY PLAZA
20.
Public Hearing - Proposed vacation
- portion of public services ease-
ment - Parcel 2 between James Court~oy~
and Hillside Boulevard.
Staff Report 11/13/85 recommending:
!~TEMS FROM STAFF
Information only, no discussion ensued.
M/S Teglia/Addiego - To adopt the
Resolution.
RESOLUTION NO. 239-85
Carried by unanimous voice vote.
TECHNICAL & MAINTENANCE SERVICES
Mayor Haffey opened the Public Hearing
and invited those wishing to speak in
favor and in opposition to step to the
dais - no one chose to speak and he
closed the Public Hearing.
M/S Teglia/Addiego - To adopt the
Resolution.
RESOLUTION NO. 240-85
Carried by unanimous voice vote.
Mayor Haffey opened the Public Hearing
and invited those wishing to speak in
favor and in opposition to step to the
dais - no one chose to speak and he
closed the Public Hearing.
11/13/85
Page 15
AGENDA
ACTION TAKEN
TECHNICAL & MAINTENANCE SERVICES
TECHNICAL & MAINTENANCE SERVICES
20. Staff Report - Continued.
1) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Adoption of a
Resol uti on.
A RESOLUTION ORDERING THE VACATION
OF A PORTION OF A PUBLIC SERVICE
EASEMENT WITHIN PARCEL 2 BETWEEN
JAMES COURT AND HILLSIDE BLVD.
M/S Addiego/Teglia - To adopt the
Resolution.
RESOLUTION NO. 238-85
Carried by unanimous voice vote.
ITEMS FROM COUNCIL
ITEMS FROM COUNCIL
24b. Reappointment by the Mayor of
GOOD AND WELFARE
No action taken.
GOOD AND WELFARE
No one chose to speak.
CLOSED SESSION
CLOSED SESSION
25.
Closed Session for the purpose of
the discussion of personnel
matters, labor relations and
litigation.
Council chose not to have a Closed
Session.
M/S Teglia/Addiego - To adjourn the
meeting.
Carried by unanimous voice vote.
ADJOURNMENT
Time of adjournment 12:02 a.m.
RESPECTFULLY SUBMITTED ,
City of South San Francisco
APPROVED. . , , .
City of South San FranciSco
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.
11/13/85
Page 16
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