HomeMy WebLinkAboutMinutes 1982-04-21Mayor 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
April 21, 1982
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government
Code of the State of California, that the City Council of the City of South San
Francisco will hold a Special Meeting on Wednesday, the 21st day of April, 1982,
at 6:30 p.m., in the Community Room, Municipal Services Building, 33 Arroyo Drive,
South San Francisco, California.
Purpose of the meeting:
Closed Session for Labor Relations.
Dated:
April 15, 1982
Gus Nicolopu~os, Mayo~'
City of South San Francisco
AGENDA
SPECIAL MEETING
PLEDGE OF ALLEGIANCE
CALL TO ORDER:
CLOSED SESSION:
RECALL TO ORDER:
ACTION TAKEN
SPECIAL MEETING
Reci ted.
6:39 p.m. Mayor Nicolopulos presiding.
Council present: Acos/ca, Teglia and
Nicolopulos.
Council absent: Addiego and Damonte.
Council adjourned to a Closed Session
at 6:40 p.m.
Councilman Damonte arrived at 6:42 p.m.
Councilman Addiego arrived at 6:45 p.m.
The meeting was recalled to order at
7:05 p.m., all Council present, no
action taken.
M/S Teglia/Acosta - That the meeting
be adjourned.
Carried by unanimous voice vote.
4/21/82
Page 1
ADJOURNMENT:
RESPECTFULLY SUBMITTED,
Time of adjournment 7:06 p.m.
APPROVED:
Barba~ra Battaya~
City of South San Francisco
~Gu-s Nicolopulos, Mayo~r
City of South San Francisco
The entries of this Council meeting show the action taken by the City Council
to dispose of the 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.
4/21/82
Page 2
Mayor Gus Nicolopulos
Vice Mayor Roberta Cerri Teglia
Council:
Ronald G. Acosta
Mark N. Addiego
Emanuele N. Damonte
AGENDA
PLEDGE OF ALLEGIANCE
CALL TO ORDER: (Cassette 1)
INVOCATION:
AGENDA REVIEW
City Manager Birkelo requested:
- Add under Items from Staff, a
request from the Santo Christo
Society for a permit for a
festival and parade.
- Add under Items from Staff, con-
sideration of modifications to
the Grand Avenue Library.
- Closed Session to discuss
litigation and personnel
matters.
PROCLAMAT I ON
GIRL SCOUT LEADER'S DAY APRIL 22, 1982
MINUTES
CITY COUNCIL
Municipal Services Building
Community Room
April 21, 1982
ACTION TAKEN
Reci ted.
7:45 p.m. Mayor Nicolopulos presiding.
Council present: Damonte, Acosta, Teglia,
Addiego and Nicolopulos.
Council absent: None.
The invocation was given by Reverend Paul
Dirdak of the Aldersgate United Methodist
Church.
AGENDA REVIEW
Vice Mayor Teglia asked why these items
had been added to the Age~daReview
rather than be placed on a future Agenda.
City Manager Birkelo stated that the
City had an architect working on the
old Police Building who would soon be
going to bid for materials and felt
that the modifications for the Library
could be tied into the same project.
He asked for direction on whether the
matter should be forwarded to the
Police Building Subcommittee for review.
He stated that $40,000 was estimated
for work outside the Library and
$20,000 for work inside the Library.
A discussion followed on Council policy
of not allowing items to be added to the
agenda under Agenda Review unless all
Council agreed to the additional items.
Consensus of Council - that the items
would be added to the Agenda.
PROCLAMATION
Vice Mayor Teglia presented the Proclama-
tion to Ms. Diane Pariani, Chairman of
the South San Francisco Girl Scout
Leaders.
4/21/82
Page 1
AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
CONSENT CALENDAR
Minutes of the Regular Meeting of
3/17/82, Adjourned Regular Meeting
of 3/24/82, Adjourned Regular Meet-
ing of 3/31/82 and the Regular
Meeting of 4/7/82.
Staff Report 4/21/82 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 Geoffrey Becker,
Esq., on behalf of Don Herauf
Construction Specialties, alleg-
ing property damage sustained as
the result of negligence of the
City in maintaining, operating
and controlling the Colma Creek
and failure to keep storm drains
operating for the purpose of
receiving flood waters; b)
Claim as filed by Jerome N. Field,
Inc., A Law Corporation, on
behalf of Daniel Fay and Carol
Fay alleging damages and substant-
ial destruction of property value
due to danger of further mud
slides; c) Claim as filed by
Mark Garfinkel alleging damages
as the result of improper design
and maintenance of storm drains
and sewers; d) Claim as filed by
Jerome N. Field, Inc., A Law
Corporation, on behalf of Edgar
Mandap, alleging damages and dim-
inution in value of property as
the result of a mud slide from
adjoining property owned in part
by the City, California Water Co.
and private property; e) Claim
as filed by Jerome N. Field, Inc.,
ORAL COMMUNICATIONS
Ms. Monika Ahajanian, PTA President of
Roger Williams School, asked that Item
No. 17 be heard after Item No. 10 as
there were children in the audience
who wished to address Council on that
item.
So ordered.
CONSENT CALENDAR
Approved.
4/21/82
Page 2
AGENDA ACTION TAKEN
CONSENT CALENDAR
2. Staff Report - Continued.
A Law Corporation, on behalf of
Ralph Joseph Leyva and Clara
Leyva, alleging the destruction
and damage of personal property as
the result of a mud slide from
adjoining property owned in part
by the City; f) Claim as filed by
Jerome N. Fi eld, Inc., A Law Cor-
poration, on behalf of Mr. and Mrs.
Ralph Leyva, Jr., alleging damages
as the result of a mud slide from
adjoining property owned in part
by the City.
e
A Resolution commending Theodore
Silvas upon his retirement with
the Police Department.
A RESOLUTION COMMENDING THEODORE
SILVAS
4. Staff Report 4/21/82 recommending
by Motion to authorize the Purch-
asing Officer to advertise for
bids for liquid chlorine for the
Water Quality Control Plan.
5. Staff Report 4/21/82 recommending
by Motion to authorize the Purch-
asing Officer to award the bid
for law enforcement safety equip-
ment to Chessire and Perez of
Monrovi a.
6. Staff Report 4/21/82 recommending
adoption of a Resolution approv-
ing plans and specifications,
authorizing the Purchasing
Officer to advertise and receive
sealed bids for the Mission and
Evergreen Storm Drainage Improve-
ments, Project No. SD-81-2.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR MISSION
AND EVERGREEN STORM DRAINAGE
IMPROVEMENTS, PROJECT NO. SD-81-2
CONSENT CALENDAR
So ordered.
RESOLUTION NO. 39-82
Approved.
Approved.
Removed from the Consent Calendar
by Vice Mayor Teglia for discussion.
4/21/82
Page 3
AGENDA ACTION TAKEN
CONSENT CALENDAR
o
Staff Report 4/21/82 recommending
adoption of a Resolution awarding
the Gel lert and Westborough
Traffic Controller Replacement
Project to Traconex of Santa Clara,
Project TR-81-1.
A RESOLUTION OF AWARD OF CONTRACT
GELLERT BOULEVARD AND WESTBOROUGH
BOULEVARD TRAFFIC CONTROLLER
REPLACEMENT PROJECT NO~ TR-81-1
Staff Report 4/21/82 recommending
adoption of a Resolution awarding
the 1981-82 Street Resurfacing Pro-
gram - Phase II to the lowest res-
ponsible bidder, Project No.
ST-81-1A to FM&L General Engineer-
ing Contractors.
e
A RESOLUTION OF AWARD OF CONTRACT
1981-82 STREET RESURFACING PROGRAM,
PHASE II, PROJECT NO. ST-81-1A
Staff Report 4/21/82 recommending
by Motion to accept the South Linden
Tract #3 Parcel Map No. PM-81-189
public improvements as complete.
e
Staff Report 4/21/82 recommending
adoption of a Resolution approv-
ing plans and specifications,
authorizing the Purchasing
Officer to advertise and receive
sealed bids for the Mission and
Evergreen Storm Drainage Improve-
ments, Project No. SD-81-2.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR MISSION
AND EVERGREEN STORM DRAINAGE
IMPROVEMENTS, PROJECT NO. SD-81-2
CONSENT CALENDAR
RESOLUTION NO. 40-82
RESOLUTION NO. 41-82
Approved.
M/S Damonte/Teglia - Consent Calendar
be approved.
Carried by unanimous voice vote.
Vice Mayor Teglia said that the report
asked authority to clean and repair the
existing line, however there was no
assurance th~ Colma and the County
were going to do anything at their end
to take care of the branches, rocks
and silt that enter the pipe. She
said that she would like to talk to
Colma about sharing the costs of repairs
to this line
Director of Public Services Yee said
that he had talked to Colma's City
Engineer who shared this City's concerns
and was willing to share the repair costs
with this City.
4/21/82
Page 4
AGENDA ACTION TAKEN ~
6. Staff Report - Continued.
APPROVAL OF BILLS
10. Approval of the Regular Bills of
4/21/82.
PUBLIC SERVICES
17.
Report on request for traffic
control at Grand and Magnolia
Avenues.
He said that he had contacted the
County Staff and asked if the County
would participate financially in the
repairs and that the answer had been
no, that the County would not partici-
pate. He recommended that the Council
or the City Manager make an appeal
to the Board of Supervisors of the
County to share in the sewer line
repair costs.
Vice Mayor Teglia advised the City
Manager and Staff to meet with the
officials in Colma to define financial
participation.
M/S Damonte/Teglia - To adopt the
Resolution.
RESOLUTION NO. 42-82
Carried by unanimous voice vote.
APPROVAL OF BILLS
Councilman Addiego questioned a bill
for $2,590 for a sprinkler for the
Municipal Services Building, and a
bill for $1,000 for services rendered.
Director of Public Services Yee said
that the Council had authorized the
sprinkler to be cemented into the
ceiling.
City Manager Birkelo said that the
services rendered were for Mr. Bob
Fields for emergency planning.
M/S Acosta/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.
PUBLIC SERVICES
4/21/82
Page 5
AGENDA ACTION TAKEN
PUBLIC SERVICES
17.
Report on request for traffic
control at Grand and Magnolia
Avenues - Continued.
PUBLIC SERVICES
Director of Public Services Yee stated
that he had made a traffic study on
the intersection of Grand and Magnolia
in response to a petition received
from the residents. He stated that
Staff had come to the conclusion
that a stop sign was not warranted
based on the criteria as set forth
by the Highway Manual. He stated
that he had met with Mrs. Reece,
Mr. Elmore, Police Chief Datzman and
the City Manager on Friday and had
outlined the report. He said that
the pros and cons had been discussed
of five different options: 1) Install
a traffic signal ($100,000); 2) Install
stop signs or portable stop signs; 3)
Increase pedestrian warnings signs;
4) Allow crossing only at Grand and
Orange Avenues or at Grand and Spruce
Avenues which have traffic signals;
5) Leave as is. He continued to
describe the results of the traffic
study in great detail. He stated
that at the conclusion of the Friday
meeting it was decided to try Option
No. 3, increased pedestrian warning
signs, which would be implemented
by the Police and the School for
a "Safe to School" program.
Mayor Nicolopulos asked if Mrs. Reece
and Mr. Elmore were the representatives
of the people who had signed the
petition.
Ms. Monika Ahajanian stated that the
two individuals were representing
themselves. She said that she was
unable to attend the meeting, however
she understood that consent had not
been given to any of the five options
presented. She stated that the
petition signers had opted for a stop
sign and thought it would be the
cheapest cost to the City. She said
that after listening to Mr. Yee she
now thought a lighted signal would
solve the problem. She stated that
Spruce School had a stop sign on each
block.
4/21/82
Page 6
AGENDA ACTION TAKEN
PUBLIC SERVICES
17. Report on request for traffic
control at Grand and Magnolia
Avenues - Continued.
RECESS:
PUBLIC SERVICES
Mr. James Elmore, 642 Commercial Ave.,
stated that the posted speed limit was
25 miles, however on any given day
the traffic flow was at a speed of
45 miles on Grand Avenue. He stated
that a stop sign would alleviate the
traffic problem and permit greater
safety for the children crossing at
that intersection. He stated that
a lighted signal would allow the
greatest protection for the children
and wondered if there were statistics
compiled on traffic citations and
accidents that have occurred at that
intersection.
A discussion followed on the five
options presented; stop signs not
being adhered to; crossing guards;
whether the children crossing the
street were being discharged from cars;
safety patrols; the Police Chief con-
ducting a night meeting at the School
to apprise the residents of the options
available; whether safety education
aided the children's safety, etc.
Ms. Pat Dickson stated that the
Reece family had assumed $17,000
from their child being hit by a car
at Grand and Magnolia. She felt that
the City should spend $100,000 for
a lighted signal so that other families
would not undergo financial and
emotional problems that the Reece
family was undergoing.
Ms. Diane Payne, Art Teacher, said
that safety education does not take
care of the problem and that she had
witnessed many near accidents because
of speeding cars.
Consensus of Council - The Police Chief
and the Director of Public Services are
to hold a meeting with the residents
to hear their concerns.
Mayor Nicolopulos declared a recess
at 8:45 p.m.
4/21/82
Page 7
AGENDA ACTION TAKEN
RECALL TO ORDER:
CITY CLERK
11.
Staff Report 4/21/82 recommending
adoption of a Resolution which
adopts a policy for the annual
rotation of Mayor and Mayor Pro
Tempore.
A RESOLUTION ADOPTING A POLICY
FOR ANNUAL ROTATION OF MAYOR
AND MAYOR PRO TEMPORE
CITY MANAGER
12. Staff Report 4/21/82 recommending:
a)
Adoption of a Resolution approv-
ing the issuance of 1982 tax
allocation notes for the Gateway
Redevelopment Project by the
Redevelopment Agency of the City
of South San Francisco;
b)
Adoption of a Resolution author-
izing execution of a repayment
agreement for the Gateway
Redevelopment Project area.
Mayor Nicolopulos recalled the
meeting to order at 8:57 p.m., all
Council present.
CITY CLERK
City Clerk Battaya stated that Council
had directed the City Attorney to draft
a Resolution for the annual rotation
of Mayor and Mayor Pro Tempore.
Councilman Acosta asked why the
Resolution read, "... continue in
their offices until no later than
the fourth Tuesday after the day of
the General Municipal Election."
City Attorney Rogers stated that the
City Clerk had been told by the County
Clerk that the official election
certification would take two to three
weeks and that the City Clerk needed
additional time for the Resolution
of election certification. He stated
that there was a provision in SB230
to extend the term of office to four
weeks after the election to allow
sufficient time for the official ballot
count.
M/S Acosta/Damonte - To adopt the
Resolution.
RESOLUTION NO. 43-82
Carried by unanimous voice vote.
CITY MANAGER
City Manager Birkelo stated that the
Council, while sitting as the Redevel-
opment Agency had agreed to defer the
repayment item. He stated that Mr. Tom
Gaffney would describe the bond sale
to take place on May 19, 1982.
4/21/82
Page 8
AGENDA ACTION TAKEN
CITY MANAGER
12. Staff Report 4/21/82 - Continued.
A RESOLUTION APPROVING THE ISSUANCE
OF 1982 TAX ALLOCATION NOTES FOR
THE GATEWAY REDEVELOPMENT PROJECT
BY THE REDEVELOPMENT AGENCY OF THE
CITY OF SOUTH SAN FRANCISCO
A RESOLUTION AUTHORIZING EXECUTION
OF A REPAYMENT AGREEMENT FOR THE
GATEWAY REDEVELOPMENT PROJECT AREA
13.
Staff Report 4/21/82 recommending
adoption of a Resolution for an
extension of a contract with San
Mateo County for Library Manage-
ment Services.
A RESOLUTION AUTHORIZING EXECUTION
OF AMENDMENT NO. 1 TO "AGREEMENT
BETWEEN CITY OF SOUTH SAN FRANCISCO
AND THE COUNTY OF SAN MATEO FOR
PROVISION OF MANAGEMENT SERVICES OF
THE SOUTH SAN FRANCISCO LIBRARY"
CITY MANAGER
Mr. Tom Gaffney, Bartel, Wells Assoc.,
Municipal Financial Consultants, dis-
cussed the process for the sale of
tax allocation notes for the Redevel-
opment Agency through a public com-
petitive sale on an open market
with the attempt to secure the lowest
interest rate possible. He said that
his firm had prepared an official
statement which described the project
and the financial plan, the overall
economic restraints of the City and
the Redevelopment Agency in a favor-
able light.
Discussion followed on individual
buyers of the bonds, one individual
buying the whole lot, maturity of the
bonds, whether members of the community
wished to invest in the future of the
City, the tax exempt status of the
bonds, etc.
M/S Damonte/Acosta - To adopt the
Resolution.
RESOLUTION NO. 44-82
Carried by unanimous voice vote.
City Manager Birkelo asked that
Resolution b) be deferred.
M/S Damonte/Acosta - To defer the
second Resolution.
Carried by unanimous voice vote.
City Manager Birkelo recommended that
the contract be continued with the
County as it was beneficial and a
savings to the City, rather than
appointing a new Library Director.
Vice Mayor Teglia asked when would be
a good time to break away from the
County.
City Manager Birkelo said that before
the end of the new contract.
4/21/82
Page 9
AGENDA ACTION TAKEN
CITY MANAGER
13. Staff Report 4/21/82 - Continued.
14. Status Report on Avalon Drive
storm drainage.
CITY MANAGER
Vice Mayor Teglia stated that she
was very interested in the City
advertising for a Library Director
before the agreement with the County
was set in concrete. She said that
she was against the City using the
County to manage the City's libraries
on a permanent basis.
Councilman Addiego asked why the City
was not looking at all options now
rather than a year from now.
City Manager Birkelo said that he
would come back before Council in
six months and go through the options
available to the City. He said that
an abrupt change in the program would
be detrimental.
Mayor Nicolopulos asked for an analysis
of the work that had been done in the
County program before a decision was
reached on the termination of the
service.
Councilman Acosta stated that the
contract read that a 90 day notice
must be given to terminate the contract.
Discussion followed on the terms of
the agreement, Staff reporting to
Council in three months with options,
etc.
M/S Acosta/Damonte - To adopt the
Resolution.
RESOLUTION NO. 45-82
Carried by unanimous voice vote.
City Manager Birkelo stated that at the
last meeting Council had referred the
following two questions to Staff on
this item: 1) Council's legal rights
and obligations in relation to this
matter; 2) The City's ability to
finance any major upgrade of that
drainage system. He said that the
information derived was that the
City had a number of areas where the
4/21/82
Page 10
AGENDA ACTION TAKEN
CITY MANAGER
14. Status Report- Continued.
Cassette 2
CITY MANAGER
drain system, based on experience
from recent rainfalls, are more serious
than the matter of Avalon Drive and
were of a higher priority when the
City adopts the Capital Improvements
Projects.
City Attorney Rogers stated that the
two questions asked of his office were:
1) Could the City deny Mr. Poletti's
request; and 2) What were the legal
ramifications. He said that if
Council was to deny Mr. Poletti's
request and base that on substantial
evidence - that installation of the
drainage pipe would have significant
adverse affects upon the environment;
or based upon some other articulable
reason that would be in the public's
interest. He said that it was doubt-
ful that the City would be exposed to
some measure of damages as a result
of a denial. He said that he antici-
pated two theories that the landowner
might assert for relief, first the
inverse condemnation; second an
action mandamus to compel the issuance
of the required permits, to have the
Court tell the City to allow the pipe
to be installed. He said that his
research revealed that the landowner
would have to allege and prove certain
elements for an inverse condemnation
action in order to collect from the
City. He said that in his opinion
an inverse condemnation action should
not be successful. He spoke at length
and said that there had not been
evidence presented that he had heard
that said that the drainage system
had actually caused damage to any
properties in the area. He said that
he did not believe that Mr. Poletti
would be denied the ~ea:s~lle use of his
property by telling Mr. 'Poletti, "no."
Vice Mayor Teglia expressed concern
with the proposed rating that was
supposed to direct water from this
site, surface-wise toward Alida
4/21/82
Page ll
AGENDA ACTION TAKEN
CITY MANAGER
14. Status Report on Avalon Drive
storm drainage - Continued.
CITY MANAGER
and that Alida comes down into a
dip. She continued, the school
grounds of St. Veronica's is
higher than the dip and immediately
slopes down toward the basement of
the church. She stated that the
residents of the area could cite
areas that flood and that if the
water was not to be directed to a
holding pond and.~ could overflow
and cause more flooding. She
asked Staff to address the flooding
problems and asked for evidence to
be given.
Councilman Damonte stated that the
interior of the Church was not level
with the outside surface.
Mr. Stamatis stated that the window
was below the stairs and that was
where the water came in and had been
pumped out by the Fire Department.
Vice Mayor Teglia stated that in
putting in the pipe there was to be
some grading which would allow water
that formally collected in the area
to run surface-wise to Alida, which
was an area that had existent flooding.
City Attorney Rogers explained that
if the Council said no to Mr. Poletti
that he did not believe Mr. Poletti
would win in a case of inverse condem-
nation. He explained in detail the
points of law involved in mandamus
proceedings. He said that the
Council needed to find out, from the
evidence supplied by the City Engineer,
whether putting this 66" drain pipe
in would make the situation worse
by having a significant adverse affect
on the environment. He stated that
whatever decision Council made should
be based upon the evidence presented.
Councilman Addiego questioned the
responsibility of the landowner
as far as changing a pattern of
draining.
4/21/82
Page 12
AGENDA ACTION TAKEN
CITY MANAGER
14. Status Report on Avalon Drive
storm drainage - Continued.
CITY MANAGER
Director of Public Services Yee said
he had seen Mr. Poletti's grading plan, It
had been to install the pipe and
the later plans showed that after the
pipe was installed, immediately
above the pipe there would be some
kind of drainage onto Alida during
overflow conditions.
Discussion followed on potential
liability on the City if the pipe was
allowed to be installed, the area
being a natural drainage flow,
altering a natural drainage flow,
impact on Alida and the basin, the
ten foot eastment for drainage on
the School District's property, etc.
Mr. Paul J. Walti, 211 Hudson Bay,
Foster City, stated that he represented
Mr. Poletti and that the pipe would
not adversely affect the services of
the system.
Mr. Louis Arata, 1 La Cruz Ave.,
Engineer, stated that the pipe as
proposed by Mr. Poletti was adequate
and more than met the basic require-
ments needed. He further stated
that the pipe would not cause adverse
affects because it would carry more
water. He stated that Mr. Poletti
was not planning to raise his property
wherein the property would drain
directly over Alida. He stated that
if the area was going to flood, the
installation of the pipe would not
add to the flooding, but would take
the water away at a faster rate
than the flow of water over the open
ground.
Mr. Joe Stamatis, 269 Avalon Drive,
agreed that water flowing from a 39"
pipe could not fill up a 66" pipe.
He stated that if the water will not
flow downstream from the 66" pipe,
then obviously the 66" pipe will not
carry the water from the 39" pipe.
4/21/82
Page 13
AGENDA ACTION TAKEN
CITY MANAGER
14. Status Report on Avalon Drive
storm drainage - Continued.
CITY MANAGER
He stated that the pipe was going to
be put in a ditch thatwas approximate-
ly 10' wide at the bottom, which varies
in width at the top 14' to 20'. He
stated that when the ditch was filled
the residents would lose the open
area that retains the water that
accumulates in the pond. He suggested
that the City purchase the property
and retain the land as a holding pond.
He spoke of the flooding in Francisco
Terrace which had been alleviated
after the 66' pipe and the holding
pond were installed.
Councilman Damonte stated that a box
culvert had been put in along Spruce
and the other repairs made to control
flooding in Francisco Terrace.
Mr. Michael Fabrey, 268 Avalon Drive,
refuted the statement made, that the
39" pipe would carry the water at a
faster rate. He stated that for the
last twenty-five years the area flooded
during a downpour and compared it with
a high pressure system dumping water
from the pipe onto Avalon Drive.
Mr. Alfred Ghiorzi, 272 Avalon Drive,
expressed concern that without the
holding pond to store the surface
water from Avalon during a storm
there would be increased incidents
of flooding. He said that there
was still evidence of debree at
272 Avalon Drive from the storm of
the past week.
Councilman Acosta said that in October
of 1980 Mr. Poletti had come before
Council requesting approval of the
pipe installation; and that at that
time Council had requested information
on the ownership of the easement. He
said that in intent, the Council had
approved the attainment of the ease-
ment and by implication, the installation
of that pipe.
4/21/82
Page 14
AGENDA ACTION TAKEN
CITY MANAGER
14. Status Report on Avalon Drive
storm drainage - Continued.
COMMUNITY DEVELOPMENT
15.
Staff Report 4/21/82 requesting
approval subject to conditions
of UP-81-609/Kirk Lassiter/Use
Permit application to establish
an auto repair, auto body and
paint priming facility at
612 Cypress Avenue.
CITY MANAGER
Councilman Addiego questioned whether
filling the pond would create water
displacement.
M/S Acosta/Damonte - To issue a
permit to install the pipe.
Discussion followed on the velocity
of the water through the pipe as
compared to the ground surface flow.
Mayor Nicolopulos expressed concern
that the storm drainage problem on
Avalon be prioritized as money became
available.
Carried by majority roll call vote,
Vice Mayor Teglia voted no.
COMMUNITY DEVELOPMENT
Mr. Phil Gorny, City Planner, stated
that in March of 1982 Council had
referred this matter back to the
Planning Commission for further
consideration. He stated that the
Planning Commission had reviewed
the case in April and had arrived at
two alternative recommendations:
1) To approve UP-81-609 subject to
all attached special and standard
conditions for a period of three
years, continuation of use to be
reconsidered after a period of one
year; 2) Deny UP-81-609 based on
findings listed in the 2/3/82 Staff
Report.
M/S Acosta/Damonte - To approve
UP-81-609 subject to all attached
special and standard conditions for
a period of three years, continuation
of use to be reconsidered after a
period of one year.
Discussion followed on tying the
use permit to the three year lease,
changing the language of the motion
and second, off-street parking.
Motion and Second were withdrawn
by Acosta and Damonte.
4/21/82
Page 15
A G E N DA A C T I 0 N TA K E N ~.L~.~
RECESS:
RECALL TO ORDER:
COMMUNITY DEVELOPMENT
15. Staff Report 4/21/82 - Continued.
Mayor Nicolopulos declared a recess
at 10:28 p.m.
Mayor Nicolopulos recalled the
meeting to order at 10:45 p.m., all
Council present.
COMMUNITY DEVELOPMENT
M/S Acosta/Teglia - To approve
UP-81-609, subject to all special and
standard conditions, with the exception
of Special Condition No. 4 amended
to read "That the Use Permit shall
remain valid for three years, unless
sooner revoked by the Planning
Commission," and the addition of
Special Conditions Nos. 11 and 12 as
follows: 11) Applicant shall not
exercise his option to renew the
lease entered between the applicant
and "Mr. Albert M. Urbine," aka
Albert M. Urile, which lease is
dated 10 February 1982 (hereinafter
"lease") without prior written
approval of the Planning Commission.
Said approval shall be given only
after a review of the applicant's
performance in adhering to all of
the conditions of this Use Permit;
12) Notwithstanding the provisions
of the lease, applicant may not
sublet or assign a lease or any
rights thereunder without the
prior written consent of the
Planning Commission.
Carried by unanimous voice vote.
Discussion followed on 6' and 8'
fences, concurrence of Council that
Staff handle the height of the fence
in a commercial zone interior.
Amended M/S Acosta/Teglia - That
the Use Permit is approved subject
to the conditions contained herein,
with the exception that Item No. 6
be amended to provide for a fence
to separate the four required parking
spaces from those spaces used by
Al's Body Shop; and that the height
of that fence shall be the maximum
legal height of up to 8'
4/21/82
Page 16
AGENDA ACTION TAKEN '~
COMMUNITY DEVELOPMENT
15. Staff Report 4/21/82 - Continued.
FIRE
16.
Staff Report 4/21/82 recommending
introduction of an Ordinance which
will provide consistency in two
similar sections of the Fire Code:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
introduce the Ordinance.
1st Reading/Introduction
AN ORDINANCE AMENDING SECTION
15.24.050 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE AND A
PORTION OF SECTION 3 OF ORDINANCE
NO. 848 ENTITLED "AN ORDINANCE
OF THE CITY OF SOUTH SAN
FRANCISCO ADOPTING THE UNIFORM
FIRE CODE, 1979 EDITION, INCLUD-
ING APPENDICES A THROUGH J, AND
THE STANDARDS, PRINCIPLES, TESTS,
METHODS, PUBLICATIONS AND SEC-
ONDARY CODES REFERRED TO THEREIN
OR ADOPTED THEREIN BY REFERENCE:
PROVIDING FOR AMENDMENT THERETO,
ISSUANCE OF PERMITS AND FEES
THEREFOR: AND REPEALING ORDIN-
ANCES 535, 654, 664, 694, 697,
716, 738 AND 746" ~/~xx/~~
PUBLIC SERVICES
17.
Report on request for traffic
control at Grand and Magnolia
Avenues.
COMMUNICATIONS
18.
Letter dated 4/2/82 from the
San Mateo County Arts Council
with a request for a review of
its State/Local Partnership
P1 an. ~j~
19.
Letter dated 4/9/82 from the
North Peninsula Neighborhood
Services Center, Inc., regarding
temporary lease of the old
COMMUNITY DEVELOPMENT
Carried by unanimous voice vote.
FIRE
City Clerk Battaya read the entire
title of the Ordinance.
M/S Teglia/Damonte - To waive
further reading of the Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Acosta - To introduce
the Ordinance.
Carried by unanimous voice vote.
PUBLIC SERVICES
Heard after Item No. 10.
COMMUNICATIONS
City Clerk Battaya stated that the
Arts Council by telephone had
requested that this item be continued
to the first regular meeting in May.
Consensus of Council - to continue
the item.
4/21/82
Page 17
AG E N DA AC T ]' 0 N TAKEN
COMMUNICATIONS
19. Letter dated 4/9/82 from the
North Peninsula Neighborhood
Services - Continued.
20.
Request from the Santo Christo
Association to allow a festival
and a parade along Grand Avenu~
also to request the City to put
flags along the parade route.
21.
Possible modifications to the
Grand Avenue Library.
(Cassette No. 3)
COMMUNICATIONS
City Manager Birkelo stated that the
North Peninsula Neighborhood had
requested temporary use of the old
police facility, with knowledge that
the duration of the use could only
be for a period of four months.
Ms. Ortensia Lopez, North Peninsula
Neighborhood Services Center, explained
that the Center needed two or three
front offices of the facility as the
current quarters in Brisbane were
too costly. She stated that the
lease in Brisbane expired on 5/16/82
and the premises would have to be
vacated as a cost saving measure.
Discussion followed on clean-up
efforts involved in the temporary
usage by the Center, the liabilities
factors that needed to be written
into the lease agreement, in lieu
fees, rent the Center was presently
paying in Brisbane, etc.
M/S Acosta/Teglia - To approve the
Neighborhood Services Center using
the Police Facility Building for
four months - ending 8/31/82, with
in lieu fees.
Carried by unanimous voice vote.
Vice Mayor Teglia questioned the
cost involved in installing the
flags along Grand Avenue.
Director of Public Services Yee stated
that it would take one truck and two
men eight hours to install and remove
the flags at a cost of $630.40.
M/S Damonte/Acosta - To allow the
parade and the installation and
removal of the flags.
Carried by majority voice vote,
Addiego voted no.
City Manager Birkelo stated that
$41,000 was anticipated for exterior
modifications: reroofing and instal-
4/21/82
Page 18
AGENDA ACTION TAKEN
COMMUNICATIONS
21. Possible modifications to the
Grand Avenue Library - Continued.
ITEMS FROM COUNCIL
Councilman Damonte:
Councilman Acosta:
GOOD AND WELFARE
CLOSED SESSION:
RECALL TO ORDER:
COMMUNICATIONS
lation, preparing cracks in walls
for painting, erect a handicapped
ramp. He stated that the inside
modifications would be $26,000:
the removal and relocation of
restrooms, painting, new staircase,
carpeting and new furniture. He
stated that these modifications could
be added to the renovation of the
Police Building, thereby using the
same architect.
Discussion followed on painting and
and new carpets on the upper floor
of City Hall, renovating the three
buildings in Civic Center.
ITEMS FROM COUNCIL
Stated that the Harbor Commission
meeting had concerned the Master
Plan having been completed for Phase I
and that bids were to be advertised.
He continued, construction would
begin in the fall and that Mr. Diodati
would install the pump station. He
stated that seven proposals had been
received for restaurants.
Requested that a letter be sent to
the Rod and Gun Club concerning the
lease agreement with the Harbor District
to establish better communications.
GOOD AND WELFARE
No one chose to speak.
Council adjourned to a Closed Session
at 11:35 p.m. to discuss labor relations
and litigation.
The meeting was recalled to order
at 12:00 a.m., all Council present,
no action taken.
M/S Acosta/Damonte - That the meeting
be adjourned to 4/28/82 at the City
Council Conference Room, City Hall,
at 4:30 p.m.
Carried by unanimous voice vote.
4/21/82
Page 19
ADJOURNMENT:
RESPECTFULLY SUBMITTED,
The meeting was adjourned at 12:01 a.m.
APPROVED:
rbara A. Battaya, City ~erk
City of South San Francisco
Gus Nicolopulos, Mayo~
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.
4/21/82
Page 20