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HomeMy WebLinkAboutMinutes 1982-03-17Mayor Gus Nicolopulos Vice Mayor Roberta Cerri Teglia Council: Ronald G. Acosta Mark N. Addiego Emanuele N. Damonte MINUTES CITY COUNCIL Municipal Services Building Community Room March 17, 1982 A G E N D A PLEDGE OF ALLEGIANCE CALL TO ORDER: (Cassette l) INVOCATION: AGENDA REVIEW City Manager Birkelo requested: - Move Item #21 before the Consent Calendar. - Closed Session before the Consent Calendar as requested by Vice Mayor Teglia to hear a personnel matter. - Remove Item #14 from the Agenda. - Remove Item #18 from the Agenda. - Add under Items from Staff, a legislative report. CLOSED SESSION: RECALL TO ORDER: 21. A request from Charles W. Getz to discuss proposed building inspections at Stonegate Home Owners Association Unit #2. ACTION TAKEN Recited. 7:40 p.m. Mayor Nicolopulos presiding. Council present: Damonte, Acosta, Teglia, Addiego and Nicolopulos. Council absent: None. The invocation was given by Pastor Gary Poovey of the Antioch Fellowship Church. Mayor Nicolopulos introduced the Govern- ment class from Mercy High School. AGENDA REVIEW So ordered. Council adjourned to a Closed Session at 7:50 p.m. The meeting was recalled to order at 8:27 p.m., all Council present, the City Manager was directed to investigate a personnel matter and report back to Council. Mr. Charles Getz, 845 Ridge Court, Past President Stonegate Home Owners Assoc. Unit #2, stated that the group had con- veyed a request for Council to assist in some inspections at Stonegate and 3/17/82 Page 1 21. A request from Charles W. Getz - Continued. proceeded to give the background for the proposal. He said that Stonegate and Westborough townhouses had been built in the same year by different developers and that litigation had ensued from the Westborough owners concerning defective conditions that were life threatening. He said that Stonegate had also filed suit against the developers and that the perfunctory inspections had turned up concerns of life threatening conditions that warrant further inspection. He said that an inspection like Westborough's was needed to cut into the construction and examine the code violations. He said that it was felt that this was crucial that the inspections be made, however the home owners would pay for the first inspections and if the problems were only those of roofs and texcote then that would take care of the inspections. He said that if however, the report indicates strong evidence from the inspection of life threatening conditions then that was expected to cost $20,000 which the homeowners do not have. He asked Doris Agee to address the financial problems the group was facing. Mrs. Doris Agee, 819 Ridge Court, retraced a dues structure of $32 a month to $144 a month, with roofs that have opened up, litigation, water standing on the roofs and new roofs must be put on top of the old roofs because the old roofs cannot be taken off. She stated that this situation was a crisis for the home owners and petitioned Council to aid the cause by directing the inspections. Mr. Noonan, Esq., said that he had been requested to attend the meeting to give information on the method by which the Westborough inspections were handled. He said that the Council had been approached in the same manner as Stonegate and that he had responded, that if some- one could show by evidence that there was a life threatening problem as 3/17/82 Page 2 AGENDA ACTION TAKEN 21. A request from Charles W. Getz - Continued. CONSENT CALENDAR Minutes of the Regular Meeting of 12/2/81, Special Meeting of 12/9/81, Special Meeting of determined by an engineering report. He said that the private parties must fund the report and the City would evaluate that report; if a risk was determined then the City would then feel obligated to undertake a sampling of the area. He continued, that there was a lawsuit in Westborough by the unit owners against the developers and the City found itself in a difficult situation. He said the City set up an administrative system of notice and hearing and inspections so that both parties, the developers and the owners, could look over the inspector's shoulders and note what was being noted and make a consolidated report at the end. He said that this was done to maintain a neutral decision and parti- cipate. He said that he had indicated to the Council that there was a lawsuit by private property owners against the developers and an inquiry by the City as to whether there are life threatening conditions that would require action. He said that in the Westborough case it was a pursuit of information by a City exercising its own powers to make that investigation with the right of any one else to view the investigation and determine facts. He said that enough information was found to show that the situation did exist. He suggested that the engineer that the home owners retain discuss with Staff, before the Staff makes a recommendation before Council, and that Council confer with the City Attorney and the private council in the Westborough case. Mr. Getz said that he agreed entirely with Mr. Noonan's remarks. City Attorney Rogers said that this issue should be discussed and decided in Closed Session in light of the Westborough litigation. CONSENT CALENDAR 3/17/82 Page 3 AGENDA ACTION TAKEN 51 CONSENT CALENDAR 1. Minutes - Continued. 12/9/82, Special Meeting of 12/16/81 and the Regular Meeting of 12/16/81. 2. Staff Report 3/17/82 recommending by Motion to authorize the Purch- asing Officer to advertise for bids for the Sign Hill tank and pump. ~_~~ 3. Staff Report 3/17/82 recommending by Motion to authorize the Purch- asing Officer to advertise for bids for law enforcement safety equipment. ~_dT~ 4. Staff Report 3/17/82 recommending adoption of a Resolution author- izing the Purchasing Officer to advertise for bids for the 1981-82 Street Resurfacing Program - Phase II, Project No. ST-81-1A.~~ A RESOLUTION AUTHORIZING THE PURCHASING OFFICER TO ADVERTISE FOR BIDS FOR THE 1981-82 STREET RESURFACING PROGRAM - PHASE II, PROJECT NO. ST-81-1A o Staff Report 3/17/82 recommending adoption of a Resolution approving the Oyster Point Business Park Parcel Map, accept dedication of Oyster Point Boulevard, approve a Subdivision Improvement Agreement and authorize acts related to recording of the map. A RESOLUTION APPROVING THE OYSTER POINT BUSINESS PARK PARCEL MAP, ACCEPT DEDICATION OF OYSTER POINT BOULEVARD, APPROVE A SUBDIVISION IMPROVEMENT AGREEMENT AND AUTHOR- IZE ACTS RELATED TO RECORDING OF THE MAP CONSENT CALENDAR Approved. Approved. Approved. Removed from the Consent Calendar by Vice Mayor Teglia for discussion. Removed from the Consent Calendar by Vice Mayor Teglia for discussion. M/S Teglia/Addiego - Consent Calendar be approved with the exception of Item 4 and 5. 3/17/82 Page 4 AGENDA ACTION TAKEN CONSENT CALENDAR Staff Report 3/17/82 recommending adoption of a Resolution author- izing the Purchasing Officer to advertise for bids for the 1981-82 Street Resurfacing Program - Phase II, Project No. ST-81-1A~(PM-81-193). A RESOLUTION AUTHORIZING THE PURCHASING OFFICER TO ADVERTISE FOR BIDS FOR THE 1981-82 STREET RESURFACING PROGRAM - PHASE II, PROJECT NO. ST-81-1A Staff Report 3/17/82 recommending adoption of a Resolution approving the Oyster Point Business Park Parcel Map, accept dedication of Oyster Point Boulevard, approve a Subdivision Improvement Agreement and authorize acts related to recording of the map. A RESOLUTION APPROVING THE OYSTER POINT BUSINESS PARK PARCEL MAP, ACCEPT DEDICATION OF OYSTER POINT BOULEVARD, APPROVE A SUBDIVISION IMPROVEMENT AGREEMENT AND AUTHOR- IZE ACTS RELATED TO RECORDING OF THE MAP ~~ APPROVAL OF BILLS 6. Approval of the Regular Bills of 3/17/82. CITY ATTORNEY Staff Report 3/17/82 recommending adoption of a Resolution limiting terms of the Housing Authority Commissioners. A RESOLUTION LIMITING TERMS OF THE HOUSING AUTHORITY COMMISSIONERS CONSENT CALENDAR Carried by unanimous voice vote. Vice Mayor Teglia asked if the $68,000 remaining in the account was sufficient for the program. Director of Public Works Yee said that the amount was sufficient. M/S Teglia/Acosta - To adopt the Resolution. RESOLUTION NO. 28-82 Carried by unanimous voice vote. Vice Mayor Teglia asked for clarification on how this tied into the total Redevel- opment picture. Director of Public Services Yee said that it was part of the subdivision agreement requirement to pay one's fair share of the cost when it was established. M/S Teglia/Acosta - To adopt the Resolution. RESOLUTION NO. 29-82 Carried by unanimous voice vote. APPROVAL OF BILLS M/S Teglia/Damonte - To approve the Regular Bills. Carried by unanimous voice vote, Councilman Addiego did not participate or vote in the matter of the claim of Brentwood Market. CITY ATTORNEY City Attorney Rogers said that Council had asked if they could limit the Housing Authority Commissioners to two consecutive terms. He said that Council had that same power in relation to all other Boards and Commissions, which were set up by Ordinance, and that 3/17/82 Page 5 AGENDA ACTION TAKEN 53 CITY ATTORNEY 7. Staff Report - Continued. COMMUNITY DEVELOPMENT Staff Report 3/17/82 recommending adoption of a Resolution approving total housing allocation for the City in the ABAG Housing Needs Report. A RESOLUTION ACCEPTING THE TOTAL HOUSING NEEDS NUMBER IN THE ABAG HOUSING NEEDS REPORT, AND REJECTING THE INCOME DISTRIBUTION ALLOCATIONS CITY ATTORNEY the Authority had been set up by Resolution and State law. He said that the Council could set up an informal policy or adopt a Resolution setting terms. Councilman Damonte said then the two terms would apply to each new appointment to the Authority. City Attorney Rogers said that he had not written the Resolution to say two terms. Councilman Addiego said that for contin- uity an effective date should be stated as to when the two terms started. Vice Mayor Teglia stated that when the two term limit had been placed on all other Boards and Commissions straws had been drawn and new staggered terms were effected for all Commissioners. She said that Council called in all the terms and reassigned the Commissioners with new first terms. Councilman Acosta said that this Resolution could be passed and then Council could make a policy decision at a later time. M/S Damonte/Acosta - To adopt the Resolution. RESOLUTION NO. 30-82 Carried by unanimous voice vote. COMMUNITY DEVELOPMENT Director of Community Development Dell'Angela stated that Council had directed that a Resolution be drawn up with the stipulation that the City rejected the income distribution allocation. M/S Acosta/Teglia - To adopt the Resolution. RESOLUTION NO. 31-82 3/17/82 Page 6 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 8. Staff Report - Continued. Staff Report 3/17/82 recommending adoption of a Resolution making determination of Property Tax Exchange as a result of the proposed annexation of Lands of Mantegani to the City. A RESOLUTION AGREEING TO ACCEPT A NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE COUNTY OF SAN MATEO 10. 11. Staff Report 3/17/82 recommending adoption of an Ordinance which amends certain sections of the Municipal Code and the Zoning Ordinance relating to Variances; 1) Motion to waive further read- ing of the Ordinance; 2) Motion to adopt the Ordinance. 2nd Reading/Adoption AN ORDINANCE AMENDING CHAPTER 20.80 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 6 OF ORDINANCE 353, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO Public Hearing - ZA-82-22/Amendments to Section 20.66 of the Municipal Code and Section 4.4 of the Zoning Ordinance dealing with uses per- mitted, required setbacks, and development standards in the PCM Planned Con~munity and Light Industrial Zone District - Continued from the 3/3/82 meeting. COMMUNITY DEVELOPMENT Carried by unanimous voice vote. Director of Community Development Dell'Angela said that the Resolution was a result of an application made by the Mantegani family to annex a one-half acre along Hillside Boulevard to the City of South San Francisco. He explained in detail that the property was part of a street right- of-way before being abandoned by the County as surplus, no taxes have been paid to the County on this property. He continued, that the $0.00 tax exchange contained in the Resolution was therefore appropriate. M/S Damonte/Addiego - To adopt the Resolution. RESOLUTION NO. 32-82 Carried by unanimous voice vote. City Clerk Battaya read the entire title of the Ordinance. M/S Teglia/Acosta - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Acosta - To pass the Ordinance. ORDINANCE NO. 893-82 Carried by unanimous voice vote. Mayor Nicolopulos declared the Public Hearing reopened. 3/17/82 Page 7 AGENDA ACT]'ON TAKEN COMMUNITY DEVELOPMENT ll. Public Hearing - Continued. Staff Report 3/17/82 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Approve Negative Declaration No. 353; 4) Motion to waive further read- ing of the Ordinance; 5) Motion to introduce the Ordinance. 1st Reading/Introduction AN ORDINANCE ADDING SECTIONS 20.66.045 AND 20.66.090 AND AMENDING CHAPTER 20.66 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTIONS 4.41, 4.44 AND 4.47 OF ORDINANCE NO. 353, ENTITLED "ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO," AS AMENDED BY ORDINANCE 518 AND 546 COMMUNITY DEVELOPMENT Director of Community Development Dell'Angela said that this matter had been continued from the 3/3/82 meeting at the request of William Phoenix, Esq. who represented Charles Hoffman. He said that the owner of the property at 519 and 523 Mayfair Avenue had expressed concern about the wall requirement specified in Section 20.66.090 of the Ordinance. He said that Staff at that time had been asked to research the requirement in relation to the construction of walls in the City. He said that a survey had been made on the height of concrete block walls and that Staff recommends that the height of the wall be six feet rather than seven feet high to be consistent with past City requirements. He said that the Ordinance had been modified to reflect a six foot wall to separate a PCM zone from a residential zone. He said that the cost of a precast wall was reasonable and that Staff recommends that the Ordinance be introduced as modified. William G. Phoenix, Esq., said that his client was happy with the six foot precast wall that would result in less expense to the owner. He said that he had written Council and had enclosed a report from an accoustical engineer with the finding that a concrete wall could produce a slight reduction in noise. He addressed the visual impacts of a concrete wall and said that both wood and green plantings on a cyclone fence would be a more attract- ive outlook than a block wall. He suggested flexibility in the Ordinance to allow an owner to erect a cyclone fence covered with ivy. A discussion followed on which type of fence was more permanent - a concrete block wall or a cyclone fence and which would best serve as a noise attenuator. 3/17/82 Page 8 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT ll. Public Hearing - Continued. RECESS: RECALL TO ORDER: FIRE 12. Staff Report 3/17/82 recommending adoption of a Resolution to partici- pate in the Fire Personnel Certifi- cation Program offered by the California State Board of Fire Services. ~w/~. A RESOLUTION TO PARTICIPATE IN THE FIRE SERVICE PERSONNEL CERTIFICATION PROGRAM OFFERED BY THE CALIFORNIA STATE BOARD OF FIRE SERVICES POLICE 13. Staff Report 3/17/82 recommending adoption of a Resolution authoriz- ing execution of an indemnity and hold harmless agreement. A RESOLUTION AUTHORIZING EXECUTION OF AN INDEMNITY AND HOLD HARMLESS AGREEMENT, AND RELEASE, BY CITY OF SOUTH SAN FRANCISCO IN FAVOR OF CITY OF SAN MATEO COMMUNITY DEVELOPMENT Mayor Nicolopulos declared the Public Hearing closed. M/S Acosta/Teglia - To approve Negative Declaration No. 353. Carried by unanimous voice vote. M/S Acosta/Damonte - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Acosta/Damonte - To introduce the Ordinance. Carried by unanimous voice vote. Mayor Nicolopulos declared a recess at 9:35 p.m. Mayor Nicolopulos recalled the meeting to order at 9:56 p.m., all Council present. FIRE M/S Acosta/Teglia - To adopt the Resolution. RESOLUTION NO. 33-82 Carried by unanimous voice vote. POLICE M/S Teglia/Addiego - To adopt the Resolution. RESOLUTION NO. 34-82 Carried by unanimous voice vote. 3/17/82 Page 9 AGENDA ACTION TAKEN PUBLIC SERVICES 14. Staff Report 3/17/82 recommending adoption of a Resolution of Intention to form the Gateway Underground Utility District and set a Public Hearing date as 4/21/82. 15. A RESOLUTION OF INTENTION TO FORM THE GATEWAY UNDERGROUND UTILITY DISTRICT~J~ Staff Report 3/17/82 recommending adoption of a Resolution to author- ize execution of a supplement to the Agreement with Group 4/ Architecture, Research and Planning, Inc. for the Design Phase of the Renovation to the former Police Building and portions of City Hall, Project No. PB-81-2. 16. A RESOLUTION AUTHORIZING THE EXE- CUTION OF SUPPLEMENT NO. 1 TO AN AGREEMENT WITH GROUP 4/ARCHITECTURE RESEARCH AND PLANNING, INC. FOR RENOVATION OF PORTIONS OF CITY HALL AND FORMER POLICE SERVICES BUILDING Staff Report 3/17/82 recommending adoption of a Resolution authoriz- ing an Agreement with the San Mateo County Flood Control District. A RESOLUTION AUTHORIZING ExEcuTION OF AN AGREEMENT WITH THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT (Cassette 2) c~_~J~ 17. Staff Report 3/17/82 giving a report on the Avalon Park Storm Drainage System. PUBLIC SERVICES Removed from the Agenda under Agenda Review by the City Manager. Director of Public Services Yee said that Council had selected Plan A of the designs presented and that this Resolution would authorize the work at a maximum fee of $69,251. M/S Damonte/Acosta - To adopt the Resolution. RESOLUTION NO. 35-82 Carried by unanimous voice vote. Director of Public Services Yee said that Council had shown a desire to continue the program and would defer reimbursement of funds if the other cities would also defer. City Manager Birkelo said that the County would schedule a meeting with the City Managers of the cities involved and that perhaps agreement could be reached on deferment. M/S Teglia/Acosta - To adopt the Resolution. RESOLUTION NO. 36-82 Carried by unanimous voice vote. Director of Public Services Yee said that this item was a followup to the 1/20/82 meeting wherein Mr. Stamatis addressed Council on a proposal by Mr. Poletti to install a 66" pipe. 3/17/82 Page 10 AGENDA ACTION TAKEN PUBLIC SERVICES 17. Staff Report - Continued. PUBLIC SERVICES He said that he had been directed to make a study which he had done and had concluded that the proposed pipe would not significantly affect the upstream or downstream drainage system and cause flooding at the end of Avalon Drive. He said that the proposed installation and extension of the 66" drainage pipe adjacent to Mr. Poletti's property should not significantly affect the flow characteristics of the existing drainage system. The 66" pipe has adequate capacity to handle the runoff from the contributing drainage area during a 10 year storm. Mr. Louis Poletti, 333 E1 Camino Real, said that he had had a civil engineer do some calculations on the pipe and had stated that the pipe was more than adequate to handle a 100 year storm. He explained in great detail where the pipe would be placed and stated that if for some reason the pipe became plugged it would do the same thing it is doing now, when the pipe can't handle the flow it will flood. A discussion followed on a pipe in an open field, why there was not a continual flow through continuous piping. Paul Walti, Esq. said that he repres- ented Mr. Poletti and in his opinion the engineering report coincided with Mr. Poletti for the installation of 66' of pipe. He said that at the 10/11/80 Council meeting there had been a discussion of the easement and the installation of the pipe. He said that it had been determined by the Council that the pipe would be in the best interest of the City and he asked the Board's consideration of the report. 3/17/82 Page 11 AGENDA ACTION TAKEN PUBLIC SERVICES 17. Staff Report - Continued. PUBLIC SERVICES Mr. Joe Stamatis, 269 Avalon Drive, spoke against the installation of the 66°1 pipe and reiterated the residents concern of heightened flooding conditions. He said that on 1/4/82 that there was two feet of water on Alida which had been stated in Mr. Yee's report. He said that if the creek bed was filled it would cause massive flooding when it now served as a holding creek and allows the drain pipe to accommodate the water. He presented pictures of the flooding on Avalon and asked that a moratorium be placed on any work being done until the downstream drainage system was upgraded to hold the water during storms. He said he asked this for the protection of the residents against damages due to flooding as a result of tampering with the creek bed. Vice Mayor Teglia said that with respect to the holding capacity in the area, it being a natural storage area, that she did not remember the engineering report addressing that point - the natural creek bed. Councilman Addiego said that the point that Mr. Stamatis raised was that of piping solid of this creek - no matter what size pipe was used in this middle section, if the downstream pipe size is under capacity, then would it not put additional pressure on the upstream. Director of Public Services Yee said that it would not because of the elevations on Alida and Ponderosa which are lower than Avalon, and in those locations the water would cause flooding before it could possibly affect any place upstream. He said that if a solid pipe of 66" goes in the impact on Avalon will not be any different now than when a new system is put in of 66" pipe. 3/17/82 Page 12 AGENDA ACTION TAKEN PUBLIC SERVICES 17. Staff Report - Continued. PUBLIC SERVICES Councilman Acosta spoke of the photos of the manhole covers and said there must be a cause for the back-up pressure. He asked if at the terminus of the pipe if there was a collection of debris that would come down from the 39" pipe that would cause this to back-up and cause the increased pressure, or was it free at this time, or was the water pressure falling down into the creek causing the water pressure to pop manhole covers. Director of Public Services Yee said that this problem was caused by the inadequate size of the 39" pipe on a slope that is very flat and shallow, with two feet of cover, and that any amount of flow or problem with the pipe would pop the manhole cover. He felt that if a parallel system was put in it would alleviate that problem. He said that as far as he knew there was never any property damage in that area, only a nuisance factor. Mr. Stamatis said there was 200' of pipe between station 700 and 900, the pipe ends at station 900 and water flows out into the creek. He said that there was so much flow of water that it cannot all flow into the pipe so it flows out of the storm drains and manhole covers. He said that the residents were concerned with the whole creek being piped and pointed out that it was City property. Director of Police Services Yee said that the City did not own the property, but had an easement to construct storm drains. He said that Mr. Poletti, the School District and the Nursery were the property owners adjacent to the open area. Mr. Stamatis reiterated that the residents were not concerned with the flow because the flow will be carried into the ditch - but if the creek is filled the water will flow down to 3/17/82 Page 13 AGENDA ACTION TAKEN 61 PUBLIC SERVICES 17. Staff Report - Continued. PUBLIC SERVICES Alida giving the problem to other residents. He said the City should either upgrade the downstream system or leave the creek bed to store water which would mitigate the flooding on the street and people's houses. Director of Public Services Yee said that the answer to that question was money, if the City had $800,000 to spend the problem could be corrected. Vice Mayor Telgia questioned the water flow in the area of Ponderosa and St. Veronica's School and wondered if that condition would be aggravated by the creek being filled. She said that there had been a near fatality recently when a stalled car had filled with water, however the tragedy had been averted. A discussion followed on whether to run the pipe solid through the area, run the pipe half way, leave half a flood plain, establish new priorities, similar areas in the City with a flooding problem, possible damage from a hundred year storm. Director of Public Services Yee said that in his opinion, based upon the engineering findings, that the City could not deny a property owner to improve on this particular section of the ditch. Councilman Damonte asked if the City Engineer had made calculations on the size of the pipe to accommodate the water flow for Mr. Poletti. Director of Public Services Yee said that he had verified the size of the pipe needed for Mr. Poletti. He said that the existing 66" pipe had been put in by Rotary Plaza and that that pipe size had been used as a base for Mr. Poletti, as the minimum size that could be used. Councilman Acosta asked if Mr. Poletti 3/17/82 Page 14 AGENDA ACTION TAKEN PUBLIC SERVICES 17. Staff Report - Continued. PUBLIC SERVICES was going to take the chance after putting in the 66" pipe and it overflows down onto Alida. Mr. Poletti said if there was a 100 year storm he didn't feel he had to take care of the deficiency downstream. Councilman Acosta said, "If you put the 66" drain pipe in there and if there is not a sufficient flood plain area and it floods over to your property and does damage - are you going to come back and sue the City of South San Francisco because we did not have adequate drainage for you downstream." Mr. Poletti said no. Councilman Acosta said, "Do you want to put that in writing some place." Councilman Damonte asked the City Attorney if the City could tell a private property owner that he could not put that pipe on his property. He said that he had heard Mr. Stamatis ask that a moratorium be placed on any building on that property, however nothing had been said about putting the pipe on the property. Mr. Stamatis said that it was his understanding that the School District had granted the creek itself, which was on school property, as an easement to the City which turned that property over to the City. He said that he was asking for a moratorium on any work in the creek until the downstream system can be upgraded. City Attorney Rogers said that has to be a factual determination for the Council based on the information from the City Engineer. He said that if there is a reason to delay any work within the drainage easement because the downstream system would have an adverse affect that must be determined. 3/17/82 Page 15 AGENDA ACTION TAKEN PUBLIC SERVICES 17. Staff Report - Continued. PUBLIC SERVICES Mr. Raymond John, Principal of Saint Veronica's School, spoke of the flooding in Francisco Terrace every four or five years and that each time the City Engineer after a storm would tell the residents that the problem had been corrected. He expressed concern with Mr. Yee's report, "... subsequently flow over the top of the 66" pipe towards Alida Way..." He said he is responsible for 335 children and that during the after- noon storms the water flowed so rapidly over Alida that a child could not walk on the sidewalks. He said that he was concerned with piecemeal type engineering -- like let's put in a 66" pipe and maybe it will work. He said that the entire drainage system needed to be looked at - mean- while he did not want to play with the lives of his school children and asked that the Council look very carefully into this situation. Mr. Poletti said that he had talked to members of the Street Department and that the only incident of flooding was when two pieces of plywood lodged in the opening of the pipe. He said that he and his son had checked the creek many times for flooding and that the water was never over the creek bed. He said the problem at St. Veronica's was not his problem or the City's and that his putting the 66" pipe in would not have any affect on Avalon. Mr. Jack Fabrey, 260 Avalon Drive, said that when the manhole covers were popping~the pond was completely full,and that after it subsided the street was full of silt. He said that the silt came up into his driveway and he had borne the expense'of the clean-up, not Mr. Poletti. Mr. Michial Fabrey, 260 Avalon Drive, reiterated the prior statements of the creek flooding and the resultant property damage. 3/17/82 Page 16 AGENDA ACT]'ON TAKEN PUBLIC SERVICES 17. Staff Report - Continued. PUBLIC SERVICES Mr. Alfred Ghiorzi, 272 Avalon Drive, said that he was not concerned with the 66" pipe but the backfill over and along side the pipe that would take away the flood plain. Mayor Nicolopulos assumed that if the pipe was adequately constructed that wouldn't happen. He said that if the project was completed Mr. Ghiorzi's problem would not occur. Mr. Ghiorzi expressed concern over what would happen to the water after the creek was filled with dirt and there was no place for the water to be stored. Director of Public Services Yee said that the pipe system would carry the flow downstream which would not necessitate a storage capacity. He said that the public believes that if a holding pond is filled then another pond will fill up. He said that he did not accept that concept. Councilman Addiego said that in that area the people have witnessed a great volume of water at times covering a great deal of ground and that that would indicate that the downstream system was inadequate. Director of Public Services Yee said that a 66" pipe is inversed or the bottom of the pipe is pretty much the same elevation as the bottom of the pond, so that there will always be water in the pipe at the same elevation as the pipe. He said that if the pond was narrowed then the pipe would take in more water to convey the water from point A to B. He said that the qu~stionwas at what point would the pipe be big enough to convey the water that is not needed in storage. 3/17/82 Page 17 AGENDA ACTION TAKEN 65 PUBLIC SERVICES 17. Staff Report - Continued. PUBLIC SERVICES Mr. Stamatis said that the pipes were inadequate for the flow of water and that this was substantiated in the Staff Report. Mr. Ghiorzi asked if in the event of another storm, would the Council be available to note the severity .of the flood damage. Paul Walti, Esq., said that it appeared Mr. Yee's report that the upstream system was adequate and became clogged and popped the manhole covers. Vice Mayor Teglia said that the 39" pipe was inadequate and that the only piece that was not inadequate was the piece between the upstream and down- stream systems which was where Mr. Poletti planned to put the pipe. She said that the entire downstream and upstream system had to be looked into. Mr. Jack Fabrey said that if would be better if Mr. Poletti left the pond as it was and then there would not be a problem for the residents. A discussion followed on the adequacy of the 66" pipe in a 100 year storm, a $40,000 retainer that Mr. Poletti was going to build at the end of the property, etc. Mr. Ron Brown said that putting in a 66" pipe would compound the flooding problems. Discussion followed on the alternatives available to alleviate the flooding problems, using Gas Tax Funds, making an in-depth study on finding, whether the flood plain was a real factor, whether the City could legally stop Mr. Poletti from installing a 66" pipe. 3/17/82 Page 18 AGENDA ACTION TAKEN 66 PUBLIC SERVICES 17. Staff Report - Continued. RECESS: RECALL TO ORDER: ITEMS FROM STAFF 18. ]8a. A request that Staff be authorized to recruit an Assessment District Engineer for the Gateway Assessment District. Discussion of recent legislation. ITEMS FROM COUNCIL 19. Discussion of the selection of Mayor and Vice Mayor and the terms of office. COMMUNICATIONS 20. A request from Westborough Junior High School PTA, that Council waive the fees for the carnival on campus on April 2, 3, 4, 1982. PUBLIC SERVICES City Attorney Rogers said that with a public easement that affects drainage the City could prevent a pipe from being laid - however, he would have to investigate the ramifications before giving a definitive answer. Mayor Nicolopulos declared a recess at 11:55 p.m. Mayor Nicolopulos recalled the meeting to order at 12:03 a.m., all Council was present. ITEMS FROM STAFF Removed from the Agenda under Agenda Review by the City Manager. Continued to a subsequent meeting by the City Manager. ITEMS FROM COUNCIL Consensus of Council - Teglia will serve as Mayor from May 1982 through May 1983 and that an interim Mayor will be selected to serve from May 1983 through November 1983. City Attorney Rogers said that he would draw up a resolution for the Mayor's rotation in April. Councilman Acosta said that the first meeting in May the Mayor' rotation would take place. COMMUNICATIONS M/S Teglia/Acosta - To waive the carnival fees. Carried by unanimous voice vote. 3/17/82 Page 19 AGENDA ACTION TAKEN COMMUNI CATIONS 21. A request from Charles W. Getz to discuss proposed building inspections at Stonegate Home Owners Association Unit #2. GOOD AND WELFARE CLOSED SESSION: RECALL TO ORDER: ADJOURNMENT: RESPECTFULLY SUBMITTED, COMMUNICATIONS Heard after the Agenda Review. GOOD AND WELFARE No one chose to speak. Council adjourned to a Closed Session at 12:12 a.m. to discuss litigation. The meeting was recalled to order at 12:20 a.m., all Council present, no action taken. M/S Acosta/Damonte - That the meeting be adjourned to 3/24/82 at the City Council Conference Room, City Hall, at 7:00 p.m. for a Closed Session to discuss labor relations guidelines. Carried by unanimous voice vote. The meeting was adjourned at 12:21 a.m. APPROVED: Barbara A. Battay6, City~f/]erk City of South San Francisco GuS Nicolopulos, M~'yor 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 presentations, 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. 3/17/82 Page 20