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HomeMy WebLinkAboutMinutes 1970-12-07 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD MONDAY, DECEMBER 7, 1970 TIME: PLACE: CALL TO ORDER: PLEDGE OF ALLEGIANCE AND INVOCATION: ROLL CALL: APPROVAL OF MINUTES: CLAIMS: PARKING DISTRICT NO. I CLAIMS: TANFORAN AVE.-SHAW RD. STORM DRAINAGE ASSESS- MENT DIST. CLAIMS: PUBLIC HEARING SO. AIRPORT BLVD. IMPROVEMENT PRODUCE AVE. TO UTAH AVE.: .EOB0 8:00 p.m. Council Chambers, City Hall. The meeting was calbd to order by Mayor Ahern at 8:06 p.m. The Pledge of Allegiance to the Flag was recited and in the absence of Reverend Paul Duggan of St. Augustine's Church, no Invocation was given. Present: Absent: Councilman Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. None Mayor Ahern asked if there was a motion approving the Minutes of the special meeting of November II, 1970; regular meeting of November 16, 1970; adjourned regular meeting of November 23, 1970 and the adjourned regular meeting of November 30, 1970. City Clerk Arthur Rodondi requested that the Minutes of the adjourned regular meeting of November 30, 1970 be continued since they were not completed in time for the Council's agenda. Councilman Bertucelli moved, seconded by Councilman Borba and regul~arly carried, that the Minutes of the special meeting of November I!, 1970; regular meeting of November 16, 1970; adjourned regular meeting of November 23, 1970 be.approved and accepted and the Minutes of the adjourned regular meeting of November 30, 1970 be continued. Mayor Ahern then asked if there was a motion approving the regular claims as submitted for payment. Councilman Mammini moved, seconded by Councilman Steinkamp and regularly carried, that the claims, totaling $232,266.84,be approved for payment. Mayor Ahern asked if there was a motion approving the claims for Parking District No. I as submitted for payment. CoUncilman Steinkamp moved, seconded by Councilman Bertucelli and regularly carried, that the claims as submitted for Parking District No. 1, in the amount of $28.66, be approved for payment. Tanforan Avenue-Shaw Road Storm Drainage Assessment District Claims: (a) Claim dated November 30, 1970 of the City of South San Francisco-Special Assessment Bond Fund in the amount of $329.25 to reimburse monies advanced to the Tanforan Avenue-Shaw Road Storm Drainage Assessment District. (b) Enterprise Journal claim dated October 23, 1970 in the amount of $25.00 for Legal Advertising. (c) Wilson, Jones, Morton & Lynch claim dated November 18, 1970 in the amount of $733.00 for Legal Services rendered. Councilman Borba moved, seconded by Councilman Bertucelli and regularly carried, that the claims as submitted for Tanforan Avenue-Shaw Road Storm Drainage Assessment District be approved for payment. The next item was the Public Hearing - Notice of Hearing - South Airport Boulevard Improvement - Produce Avenue to Utah Avenue. Mayor Ahern declared the Public Hearing opened and asked if any written protests had been received. City Clerk Rodondi replied that in addition to letters which had been received earlier at the time that the matter was first considered by the City Council, copies of which were previously forwarded to them, a communication was received from the Phillips Petroleum Company under date of December 2, I970 over the signature of R. L. Taylor, San Francisco District Manager, expressing concern with regard to the restriction of left-turn move~nt of north-bound traffic into the driveway of their service station located on the west side of Airport Boulevard. He also requested correction of a drainage situation along side of their Phillips station. Mayor Ahem then asked if anyone present wished to speak on the matter. Mr. F. W. Bodinson, President of Bodinson Manufacturing Company, Inc., registered objection to the improvement work, stating' that a portion of his property was being acquired, that he would be denied ingress and egress to his place of business. City Attorney Noonan at this time explained the manner in which Mr. Bodinson's property was being acquired since it was needed for the improvement work. Mr. Bodinson replied that he was not speaking as to the legal~aspect but to the traffic hazard which would be created and which Council should be aware of. At the request of Councilman Mammini, Mr. Bodinson explained from the map of the ....... ~ ~ ...... ~mon+ ~r~ hnw fhi~ would affect his property and the traffic hazard 34J PUBLIC HEARING SO. AIRPORT BLVD. IMPROVIEMENT PRODUCE AVE. TO UTAH AVE.: (CONTINUED) RESOLUTION NO. 545'8 AUTHORIZING APPROVAL OF COOPERATIVE AGREEMENT WITH STATE - EL CAMINO REAL WIDENING BETWEEN ORANGE & CHESTNUT AVES.: RESOLUTION NO. 5459 AWARD OF CONTRACT WEED CONTROL PROGRAM: RESOLUTION NO. 5460 ENDORSING MAYORS' AND PRE-WHITE HOUSE CON- FERENCE COMMI3-rEE JOINT MEETING ON SENIOR CITI- ZENS 2/11/71: Councilman Steinkamp at this time asked Police Chief Rosano for his comments with regard to the traffic hazard to which he replied that the present traffic pattern was acute and congested and that there was a need for improvement in this area, that in order to alleviate this traffic problem, there should be provided a wider road for better flow. At the request of Councilman Mammini, Mr. William Chapman of the firm of Kirker-Chapman & Associates, Engineers for the Project, explained fromthe plans which his office had prepared concerning the proposed widening of the South Airport Boulevard and the reasons for doing it as was proposed. He explained the proposed widening of the bridge over Colma Creek, stating that the improvement was needed to handle the peak of traffic flow which now exists. Mr. Donald Grimes, 123 Francisco Drive, stated that their plant was located on Utah Avenue, that the road was hazardous in its present condition, that the traffic was heavy all day long and that there was a critical need for this improvement. He then asked if there would be stacking lanes to enter Utah Avenue to which the Mayor replied there would Mr. Stevenson, representing Phillips Petroleum Company, spoke concerning the letter which they had submitted, stating that in his opinion there was not enough room provided for a left turn into their service station, requesting the redesign of the stacking lane in front of their place of business. He also made mention of the drainage condition which existed in front of their Phillips station, the correction of which Council should con- sider as well. Mr. Chapman then explained to Mr. Stevenson that adequate provisions had been made to allow left-hand turns into their place of business, explaining this to him from the revised map which had been prepared. Mr. Stevenson had in his possession an earlier prepared map. With regard to the matter o8 d~ainage, it was pointed out that it was a result of im- provement work which had been done by the State on highway properties but that this was likewise being considered in the improvement work. Further discussion followed after which the City Attorney suggested that the Public Hearing be continued for a period of thirty days until a completed report concerning the whole project was scheduled to be received. Councilman Borba moved, seconded by Councilman Bertucelli and regularly carried, that the Public Hearing be continued until all aspects of the project were completed. The following communications received with regard to South Airport Boulevard Improvement are: Letter dated November I0, 1969 from Bodinson Manufacturing Company, Inc.; letter dated November 10, 1969 from Imperiel Motel; letter dated November 12, 1969 from Berkey Film Processing; letter dated November 12, 1969 from Holiday Inn of America; letter dated November 12, 1969 from Phillips Petroleum Company; and Royal Inns of America, Inc. dated December 4, 1970. The next item was the Inter-Office Memorandum dated November 25, 1970 from the Director of Public Works recommending adoption of the resolution approving the Cooperative Agree- ment between the City and State Division of Highways for the El Camino Real Widening be- tween Orange Avenue and Chestnut Avenue. City Attorney Noonan explained the resolution and at the request of Mayor-Ahern, Director of Public Works Louis Goss explained the emergency approval granted under a Special Act of the State Legislature and Highway Commission to include the area of Chestnut Avenue as part of the Westborough Boulevard Extension, Arroyo Drive to Chestnut Avenue. He stated that this particular agreement will provide for the lessening portion which would be south of Chestnut Avenue, north of Orange Avenue. Councilman Steinkamp introduced the resolution entitled: "A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA (BUSINESS AND TRANSPORTATION AGENCY, DEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS) - EL CAMINO WIDENING BETWEEN ORANGE AVENUE AND CHESTNUT AVENUE." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahem, Frank J. Bertucelli, William A. Borba, F. Frank Mammlni and Warren Steinkamp.' Noes, none. Absent, none. The next item was the Inter-Office Memorandum dated November 30, 1970 from the Super- intendent of Public Works submitting compilation of bids and recommendation for award of contract for the 1970-71 Weed Control. Program.. Acting City Manager Laurence Ross declared the bids received, stating that the Iow bidder was Chemical Weed and Pest Control Co., with the Iow bid of $3,901.79. He stated that he concurred in the recommendation of the Superintendent of Public Works that award be made to Chemical Weed and Pest Control Co., After an explanation by City Attorney Noonan, Councilman Bertucelli introduced the resolution entitled: "A RESOLUTION OF AWARD OF CONTRACT WEED CONTROL PROGRAM, CITY OF SOUTH SAN FRANCISCO STREET DEPARTMENT." Roil call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none, Absent, none. City Attorney Noonan explained the next resolution which supports the Mayor's Conference ooncerning Senior Citizens after which Councilman Mammini introduced the resolution en- titled; "A RESOLUTION ENDORSING THE MAYORS' AND PRE-WHITE HOUSE CONFERENCE COMMITTEE JOINT MEETING ON SENIOR CITIZenS, FEBRUARY II, 1971." Roll call vote was as follews: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5461 AUTHORIZING AGREEMENT WITH COUNTY FOR PURCHASE TAX DEEDED LAND: City:Attorney Noonan explained the next resolution which was requested by Acting City Manager Laurence Ross after which Councilman Borba introduced the resolution entitled: "A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE P_X)UNTY OF SAN MATEO (AGREEMENT TO PUR- CHASE TA)( DEEDED LAND - .05 ACRE. ADJACENT TO LOT 28, BLOCK OF CITY PARK)." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelll, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5462 City Attorney Noonan stated that the next four resolutions did not appear on the evening's AWARD OF' CONTRACT SHAW RD. agenda and the first of which awards the contract for the Shaw Road and San Mateo Avenue & SAN MATEO AVE. PUMP STATION IMPROVEMENTS & FORCE MAIN: gZ Pump Station Improvements and Force Main to McGuire and Hester, previously declared Iow bidder. Councilman Bertucelli introduced.the resolution entitled: "A RESOLUTION OF AWARD OF CONTRACT SHAW ROAD AND SAN MATEO AVENUE PUMP STATION IMPROVEMENTS.AND FORCE MAIN." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp, Noes, none. Absent, none. RESOLUTION NO. 5463 APPROVING PLANS & SPECS AUTHORIZING WORK & CALL FOR BIDS CI~ HALL AIR CONDITIONING: City Attorney Noonan stated that the next resolution was requested by the City Council for the air conditioning of City Hall after which Councilman Mammini introduced the reso- lution entitled: "A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR CITY HALL AIR CONDITIONING." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5464 APPROVING CAPITAL ASSETS PROGRAM & AUTHORIZING TRANSFER OF FUNDS: City Attorney N~nan stated that the next resolution was related to the item listed on the evening's agenda under Communications and comes at the request of the Acting City Manager for authorization to proceed with the Capital Asset Program and authorize trans- fer of funds. Councilman Steinkamp introduced the resolution entitled: "A RESOLUTION APPROVING CAPITAL ASSETS PROGRAM AND AUTHORIZING TRANSFER OF FUNDS." Roll carl vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5465 DECLARES URGENCY OF REPA I RS TO COLMA CREEK: b-o~5- City Attorney Noonan explained the next resolution which declares the urgency of Colma Creek repairs and which comes at the request of the Director of Public Works after which Councilman Mamminl introduced the resolution entitled: "A RESOLUTION PROVIDING FOR URGENCY REPAIRS TO COLMA CREEK." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. ORDINANCE NO. 608 AMENDING ORD. NO. 449 SEC. 6 - COMPETITIVE SERVICE: 2nd Reading/Adoption -OOO Mayor Ahern ordered t~e title of the ordinance read. The fitle of the ordinance was read. City Attorney Noonan then explained the ordinance and advised the Council regarding pro- cedure for adoS, ion and passage. Councilman Steinkamp moved reading of the ordinance in its entirety.be waived and that the ordinance be passed and adopted by reading title only, seconded by Councilman Mammini and passed by unanimous vote. Councilman Bertucelli moved that the ordinance entitled: "AN ORDINANCE AMENDING ORDINANCE NO. 449, AS AMENDED, SECTION 6, COMPETITIVE SERVICE," the entire reading of which has been duly waived, be ~ssed and adopted, seconded by Councilman Mammini and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. ORDINANCE NO. 609 AMENDING ORD. ~NO. 251 INCREASE IN TAXI CAB RATES: 2nd Reading/Adoption Mayor Ahern ordered the title of the ordinance read. The title of the ordinance was read. City Attorney Noonan then explained the ordinance and advised the Council regarding pro- cedure for adoption and passage. Councilman Bertucelli moved reading of the ordinance in its entirety be waived and that the ordinance be passed and adopted by reading title only, seconded by Councilman Mammini and passed by unanimous vote. Councilman Steinkamp moved that the ordinance entitled: "AN ORDINANCE AMENDING ORDINANCE NO. 251, AS AMENDED, PROVIDING FOR INCREASE IN TAXI CAB RATES," the entire reading of which has been duly waived, be passed and adopted, seconded by Councilman Mammini and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. REQUEST FOR RELEASE OF BONDS FOR COMMON GREENS IN WESTBOROUGH-WEST PARK 3A-D: The next matter to be considered was the communication dated November 17, 1970 from J. H. Snyder Company requesting release of bonds for the Common Greens in Westborough West Park 3A-D. In answer to Mayor Ahern's inquiry, Landscape Specialist John Hoffman replied that everything is in order and he recommended release of the securities. Councilman Mammini moved, seconded by Councilman Bertucelli and regularly carried, that the recommendation of the Landscape Specialist be approved and accepted. CITY PLANNER'S REPORT: The next item was the City Planner's Report to the City Council with respect to Use and Variance Requests considered on November 23, 1970. There being no objections, Mayor Ahern ordered the Report accepted and placed on file. PROPOSAL CONSTRUCTION ENGINEERING - SHAW RD. & SAN MATEO AVE. PUMP STATION IMPROVEMENTS & FORCE MAIN: CITY HALL AIR CON- DITIONING MATTER: CHANGE ORDER NO. 3 FINALL ACCEPTANCE & NOTICE OF COMPLETION 1970 STREET IMPROVE- MENT PROJECT: ¥ AWARD OF CONTRACT FIRE HOSE: MEMORANDUMS OF UNDER- STANDING LOCAL 1569 AFSC&ME, AFL-CIO; SO. S.F. POLICE DEPT.; LOCAL 1507 FED. FIRE FIGHTERS AFL-CIO: P-ooo JET NOISE REPORT: MONTHLY REPORTS: CLAY AVENUE STORM DRAIN MODIFICATION: The next item was the Inter-Office Memorandum dated November 24, 1970 from the Director of Public Works recommending acceptance of the proposal of Jenks and Adamson, Consulting Sanitary & Civil Engineers, for construction engineering services for the Shaw Road and San Mateo Avenue Pump Station Improvements and Force Main. Accompanying Was!the communication dated November 19, 1970 from Jenks and Adamson sub- mitting proposal for field engineering and inspection services for subject project. Councilman Steinkamp moved, seconded by Councilman Bertucelli and regularly carried, that the recommendation of the Director of Public Works be approved and accepted. The next matter for Council's consideration was the Inter-Office Memorandum dated November 24, 1970 from the Director of Public Works submitting plans and specifications for air conditioning the Council Chambers as prepared by Bentley Engineers and requesting authorization to advertise for bids for this project. $1[a~ethis matter had been concluded under Resolutions, no further Council action was required. The next item was the Inter-Office Memorandum dated November 27, 1970 from theDirector of Public Works requesting approval of Change Order No, 3 in the amount of $1,988.65 to Freeman-Sondgroth Construction Company contract; advis;[ng of work completion; and re- questing authorization to file a Notice of Completion. Councilman Steinkamp moved, seconded by Councilman Mammini and regularly carried, that the recommendation of the Director of Public Works be approved and accepted and authori- zation be granted to file Notice of Completion. The Inter-Otfice Memorandum dated November 16, 1970 from Assistant Fire Chief Brauns submitting compilation of bids and recommendation of award - 800' - I I/2" and 2000' - 2 I/2" Fire Hoses, was the next matter for Council's attention. Acting City Manager Laurence Ross declared the bids received, ~ating that the lowest bidder was Halprin Supply Company with the bid of $4,351,60 and that he concurred in the recommendation of the Assi~ant Fire Chief. COuncilman Bertucelli moved, seconded by Councilman Mamminl and regularly carried, that the recommendation of Assistant Fire Chief Brauns and Acting City Manager Ross be approved and accepted. The next thme items listed on the evening's agenda concerning the Memorandums of Under- standing with the Local 1569 AFSC&ME, AFL-CIO; South San Francisco Police Department; and Local 1507 of the Federated Fire Fighters AFL-CIO were considered under the commu- nication dated December 3, 1970 as addressed to the City Council from Acting City Manager Laurence Ross. Acting City Manager Ross stated that since October 28, 1970 when Council had directed him and Mr. Frank Gillis, representative of the AFL-CIO Union, to meet and reach an agree= ment, a compromise had been reached satisfactory to Mr. Gillis and to the City con- cerning the Memorandunsof Understanding with the Local 1569 AFSC&ME ~n~ LOCa~ 1507 of the Federated Fire Fighters AFL-CIO. He requested l~nat the Memorandum of Understanding with the South San Francisco Police Department be c.mtinued pending further negotiations. Acting City Manager Ross at this time expressed this ~haflk! to the City Council in behalf of the affected employees for their consideration on this matter, Mr. Frank Gillis, representative of the Local 1569 AFSC&ME and Local 1507 Federated Fire Fighters, AFL-CIO, thanked the City Council personally for their approval of the adjustments. Councilman Bertucelli moved, seconded by Councilman Mammini and regularly carried, that the Memorandums of Understanding with Local 1569 AFSC&ME and Local 1507 of the Federated Fire Fighters AFL-CIO, be approved and accepted, and the Memcmandum of Understanding with the South San Francisco Police Department be continued. The next item was the Inter-Office Memorandum dated December 7, 1970 from the City Attorney concerning Jet Noise (S.F.I.A.) Status Report. There being no objections, Mayor Ahern ordered the Report accepted and placed on file. Councilman Mammini invited those interested to watch a program on December 17, 1970 on Channel 14, produced by the College of San Mateo, at which time the jet joise problem would be discussed, Monthly Reports were received from the follow~,ag~ Police Department - September, October 1970 Library - October 1970 There being no objections, Mayor Ahern ordered the Reports accepted and placed on file. The next item was the Inter-Office Memorandum as addressed to the Director of Public Works from Superintendent of Recreation and Parks Robert Maxey dated December I, 1970 recommending the installation of a headwall at the end of the valley gutter, a fastened metal gra~e, and a transition to an 18" underground pipe as referred to in the communi- cation dated November 25, 1970 from Mt. Grey G. Whipple, 202 Clay ~Avenue, and at no expense to the City. Councilman Steinkamp moved, seconded by Councilman Mammini and regularly carried, that the recommendation of the Superintendent of Recreation and Parks be approved and accepted. PROPOSAL FOR FIXED ASSET PROGRAM: REPORT FROM PAC I F I C F I RE RAT I NG BUREAU: The next item was the communication dated November 12, 1970 from Ledwith, Chagaris & Co., Certified Public Accountants, concerning iaitiation of a fixed asset acounting program. No further Council action was required as this matter was adopted under Resolutions. The communication dated November 18, 1970 from the Pacific Fire Rating Bureau advis!'~ng of result of grading of South San Francisco for fire insurance purposes, was the next matter for Council's attention. Acting City Manager Ross at this time stated that he would like to commend Fire Chief Marchi and the members of the Fire Department for the outstanding accomplishment in view of the tremendous re6idential and industrial growth in South San Francisco. He further explained the lower fire insurance premiums as a result of the Iow class 3 rating. Mayor Ahern reiterated Acting City Manager Ross's statements and congratulated Fire Chief Marchi and the Fire Department Personnel. MODESTO RESO. 70-1148 URGING ACTION TO ALLE- VIATE LITTER & WASTE DISPOSAL: RESOLUTION NO. 5466 URGING LEAGUE OF CALIF. CITIES & COUNTY SUPER- VISORS ASSN. TO SEEK ACTION TO ALLEVIATE LITTER PROBLEM: There being no objections, Mayor Ahern ordered the Report accepted and placed on file. The next item was the Modesto CityCouncil Resolution No. 70-1148 entitled: "A RESO- LUTION URGING THE LEAGUE OF CALIFORNIA CITIES AND THE COUNTY SUPERVISORS' ASSOCIATION OF CALIFORNIA TO SEEK ACTION TO ALLEVIATE THE PROBLEM OF LI~-rLER AND WASTE DISPOSAL CREATED BY THE SALE OF BEVERAGES IN DISPOSABLE, NON-RETURNABLE CONTAINERS." Councilman S?einkamp stated that he felt very strongly in favor of a resolution such as this, realizing that our garbage is becoming more acute and one of the major contributors is the non-returnable bottlee. He stated that he would like to introduce the resolution which, in some way, would alleviate the problem and which was entitled: "A RESOLUTION URGING LEAGUE OF CALIFORNIA CITIES .J~I~3T~COUNTY SUPER~I~SOES' ASSOCIATION OF CALIFORNIA TO SEEK ACTION TO ALLEVIATE THE PROBLEM OF LITTER AND WASTE DISPOSAL CREATED BY THE SALE OF BEVERAGES IN DISPOSABLE, NON-RETURNABLE CONTAINERS." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mamminl and Warren Steinkamp. Noes, none. Absent, none. At the request of Councilman Mammini, City Attorney Noonan stated that he would have a recommendation for the next Council meeting concerning enaction of a law at the local level. GOOD AND WELFARE: There being nothing further, Mayor Ahem asked if any member of the City Council had anything they wished to offer under Good and Welfare. Councilman Borba remarked on the recent flooding which had taken place in the City and which was caused by the outlying areas, proposed that a course of action be taken to hold ali construction not completed by October until the Spring of the following year. He remaFked on the damage which was caused from the erosion of areas to the West, particu- larly Serramonte and Daly City from which the problems were created. Discussion then followed at which time the City Attorney commented on the suits which had already been filed regarding these water damages and which named other agencies and areas as a basis for these suits. He suggested that there be considered along with this suggestion, authorization to proceed in a course of action against the contributors to the heavy siltation in the City. Discussion followed at which time the City Attorney suggested a resolution in this regard after which Councilman Mammini suggested that a second course of action be taken by the City to institute legal proceedings. RESOLUTION NO. 5467 Councilman Borba then introduced the resolution entitled: "A RESOLUTION REGARDING REGARDING CONTROL OF CONTROL OF BUILDING AND IMPROVEMENTS IN COLMA CREEK WATER SHED." BUILDING & IMPROVEMENTS IN COLMA CREEK WATER SHED Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, ~'-~/~ William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5468 CounCilman Mammini then introduced the resolution entitled; "A RESOLUTION REGARDING REGARDING ACTIONS AGAINST ACTIONS AGAINST PROPERTY OWNERS, CONTRACTORS, AGENCIES AND OTHER PARTIES (FLOOD AND PROPERTY OWNERS, CONTRAC- SILT - NOVEMBER, 1970)." TORS, AGENCIES,ETC., (FLOOD & SILT): Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren S~einkamp. Noes, none. Absent, none. At the request of Mayor Ahern, Acting City Manager Laurence Ross read the communication which had been received from the Army Corps of Engineers under date of December 7, 1970, concerning the matter of their studies with regard to Colma Creek. At the request of Mayor Ahern, Mr. Wheelis from the Army Corps of Engineers,~esent in the audience, was called upon by Mayor Ahern to answer any questions which the audience might have with regard to Colma Creek. Lengthy discussion then followed at which time, Mr. Donald Grimes, 123 Francisco Drive, commented that the City had been promised flood control measures for many. years, re- questing as to why it took so long to which Mr. Wheelis explained an outlined manner in which the Army Corpesconducts their projects. Mr. Louis Poletti, 333 El Camino Real, commenting on the communication which had been read earlier, suggested that the City use the Flood Control Provisions as prepared by Wilsey & Ham, and that the City undertake a solution to the matter of flooding. He remarked that the City could not wait for the Army Corps of Engineers because of funding and other problems which might arise sb{bhas a budget cut which could eliminate the project. GOOD AN.D WELFARE: (CONTINUED) Discussion then followed concerning the matter of silting basins in the upper regions to the West of the City after which a disoussion followed between Councilman Mammini and Mr. Wheeli$~concerning the cost of the project. DISCUSSIONS CONCERNING FLOODING IN CITY: In answer to Councilman Bertucelli, Mr. Wheelis explained why the mat~er of diversion was not brought up prior to August of this year. Mr. Arthur "Buzz" HasRns at this time explained the silting basins which he had built in projects which he had graded which eliminated most of the silting and that he was continuing to build such silting basins. Mayor Ahern at this time made mention of the meeting which had been held with Congressman McCIoskey at which time Congressman McCIoskey requested to examine the reports which had been prepared by the Corps and the firm of Wilsey & Ham which could be followed by a debate between the two agencies to adopt a course of action. He requested that in fairness to Congressman McCIoskey, that he be allowed to make his study after which he was to meet with the City shortly after J~nuary 5, 1971. A question was asked from the audience concerning the volume of storm, the matter of high tide at the same time as the flood waters are flowing from the West. In answer to Councilman Steinkamp, Mr. Wheelis explained the type of storm which the City had just suffered. A suggestion was then made by a member of the audience that the City adopt a similar plan such as was done in the City of San Mateo by the installation of flood gates which would then allow the waters to be pumped out into the Bay. Councilman Borba commented that the recent flooding was not as a result of high tides but as a result of water sheds from the upper levels. Councilman Mammini stated that the matter of flooding had been discussed for a long time and suggested that the City look to the Flood Control District to act in this area. Further discussion then followed concerning participation by the San Mateo County Flood Control District after which Mr. Berlin concurred in the placement of flood gates such as was done in San Mateo. Discussion then followed concerning the County Flood Control District, its membership, its function, and its zones. Councilman Bertucelli at this time stated that Congressman McCIoskey was promised a chance to study the reports from both the Army Corps of Engineers and the firm of Wi[sey & Ham, stating that in fairness to him, the City should allow him to make this stUdy and that after January 5, 1971, involve the San Mateo County Flood Control District and any other City or County agency in the event no results were obtained from the meeting to be held January 5, 1971. Mr. Marco Senaldi commented that he could not see any reason for the condemnation of land in the Iow-land area as proposed or the suspension of building in the area as required by the recently adopted City Ordinance. Mr. David Friedenberg,2395 Bourbon Court, stated that the residents to the West, while not suffering flood conditions, were aympathetic and interested in the flooding which was taking place in the lower portions of the City, commenting that all of the residents in the City should work together in this regard. Discussion then followed concerning the matter of liability for damages to which City Attorney Noonan explained the courses of action and the agencies which could be named in legal actions. Brief discussion then followed at which time suggestions were offered in clearing the areas affected by flood conditions and the movement of traffic. At the request of Mayor Ahern, Acting City Manager Laurence Ross explained that all City forces and equipment were out during the last flooding, that the Police Department had done everything they could and that the calls were taken and answered on the basis of priority. Mayor Ahern then stated that the meeting to be held on January 5, 1971 would be published in the newspapers in order that the public might attend. ADJOURNMENT: Mr. Grimes then expressed his thanks and those of the residents of Francisco Terrace for the concernlof Mayor Ahern and Councilman Borba who were in their neighborhood on the evening of the flooding. Councilman Mammini moved, seconded by Councilman Steinkamp and regularly carried, that the meeting be adjourned. Time of adjournment: 10:35 p.m. RESPECTFULLY SUBMITTED, ..Clerk APPROVE~D; I ~] ~ Mayor/ * The remarks contained in these Minutes are excerpts and not verbatim.