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