HomeMy WebLinkAboutMinutes 1982-04-07Mayor 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:
- Closed Session to discuss
litigation before the Consent
Calendar.
- Add Item No. 8a. Approval of
the Amendment to the Senior
Citizens Grant.
ORAL COMMUNICATIONS
MINUTES
CITY COUNCIL
Municipal Services Building
Community Room
April 7, 1982
ACTION TAKEN
Recited.
7:35 p.m. Mayor Nicolopulos presiding.
Council present: Damonte, Acosta, Teglia,
Addiego and Nicolopulos.
Council absent: None.
The invocation was given by Pastor Eugene
Linamen of the Hillside Church of God.
AGENDA REVIEW
So ordered.
ORAL COMMUNICATIONS
Mrs. Avis Savery, 6 Iris Court, read
a statement into the record (attached
as Exhibit A) regarding "an alleged
attempt to intimidate and influence
a city employee by the Assistant City
Manager Wilson on behalf of a School
District employee.
Mr. Larry Casey, 363 Forrestview Dr.,
said he concurred with the previous
speaker and asked that the Council
consider a recommendation to refer
this matter to the Grand Jury for
investigation.
Mrs. Joy Ann Wendler, 321 Granada Dr.,
stated that the paramount issue was
the protection of every employee in
his or her job. She expressed concern
that in saying that this was an error
in judgment was a slap on the wrist,
and that the Assistant City Manager
Wilson should be removed from any
future administrative or managerial
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AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
ORAL COMMUNICATIONS
contact with the employees of South San
Francisco for their protection. She
continued, what municipal employee can
trust this man again in any capacity
relating to their job.
Mrs. Pat Martinson, 1288 Morningside
Avenue, stated that before the Oral
Communications were concluded she
wanted to be sure that Council was
going to answer Mrs. Savery's requests.
Mayor Nicolopulos said that he had
not been present at the last meeting
where the events described had taken
place. He said that the matter, in
his opinion, should be discussed in
Closed Session because it involved
a personnel matter. He said that if
there were more facts to be considered
he felt the information should not be
discussed in an open forum, however
if three Councilmembers felt differ-
ently that he would join the majority.
Ms. Sidney Behrendt, 128 Claremont Ave.,
questioned the fact that this matter
had been handled in a closed session
rather than at a regular meeting to
give the citizens input. She said
that this matter doesn't affect just
the Council but affects every citizen in
South San Francisco.
Mayor Nicolopulos said that he did
not want to bury the matter but was
disturbed with the process. He said
that everyone has the right of due
process and for that reason wanted
the matter pursued in Closed Session.
Councilman Addiego stated that he did
not have additional facts to offer and
did not see a need for further Closed
Sessions on the matter.
Mayor Nicolopulos said that this was
not the proper way to handle a dis-
ciplinary matter and did not want to
be party to a kangaroo court.
4/7/82
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^GEND^ ^CT ON T^KEU 81
ORAL COMMUNICATIONS
ORAL COMMUNICATIONS
Councilman Addiego said that if there
was a conflict of interest by Council-
man Damonte and Mayor Nicolopulos,
that it certainly should be stated
this evening.
City Attorney Rogers said that there
was not a potential conflict as
construed in the Fair Political
Reform Act of 1974 as contained in
Sections 81000 in the Government Code.
He said that salaries from government
institutions were not subject to the
Reform Act and that he had confir-
mation of that fact from the attorney
from the Fair Political Practices
Commission.
Councilman Addiego said that the
comment made was that it was an
ethical conflict which went outside
the law.
Mrs. Savory agreed with the Mayor
and said that she felt the term
"kangaroo court" was a slanderous
thing to say. She said that an
ethical conflict involved one's own
conscience.
Mayor Nicolopulos asked that the
record show that Mrs. Savory's
statement had been a personal statement.
Vice Mayor Teglia stated that the
conclusion of the Closed Sessions
as to whether or not what had taken
place was simply a not terribly
serious matter, a matter of an error
in judgment, that this was very
serious. She said that by just saying
that it was poor judgment and issue
a reprimand- was not adequate.
Mayor Nicolopulos asked if the Vice
Mayor was charging Mr. Wilson.
Councilman Addiego said that this was
not a judicial body but that it was a
legislative body which did have the
right to ask for a resignation through
the City Manager's Office when it is
proper. He said that the Body had
4/7/82
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AGENDA ACTION TAKEN
ORAL COMMUNI CATIONS
ORAL COMMUNICATIONS
made a decision in the Closed Session
and that he had to assume the Mayor
had also made a decision and asked
the Mayor to make that decision public.
Mayor Nicolopulos said that allegations
had to be proven and were not factual.
Councilman Addiego said that he was
not trying someone for a crime but
that he had a problem of management
skills and that those skills were
unsatisfactory. He said that he was
not trying to put him away, but only
to remove him from this jurisdiction -
not try him for a crime.
Mayor Nicolopulos was concerned that
Mr. Wilson had not received a proper
administration process and was
concerned with the allegations.
Councilman Acosta said that the
civil service system must work for
those at the top and the bottom of
City employment. He said that there
had been an administrative hearing
and that through that process it
came forward that there was a question
of judgment but there was no intimi-
dation of Mr. Haffey. He said that
if Mr. Haffey had felt the~e was
intimidation he should have come
forward, not in the newspaper, but
in the administrative hearing. He
spoke of the moral and legal rights
in detail.and said that when he had heard
that the statement was going to be
read by Vice Mayor Teglia, he had
said don't do it wait until the Mayor
returns. He said that it had been
mentioned in the newspapers~the
Grand Jury to investigate, and said
that if the people wanted' to pursue
that process then they should go
forward with that process. He said
that he had no problem with the Grand
Jury. He said that there was no
additional evidence and he felt that
this was a closed subject as far as
the Council was concerned.
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AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
ORAL COMMUNICATIONS
He said that in questions of judgment
one mistake did not necessitate hanging
and he said that he did not mean that
literally.
Mayor Nicolopulos stated that his
wife did not work for Mr. Damonte
but was employed by the School District.
Vice Mayor Teglia said that with
respect to the administrative hearings
that these had been held in closed
session and that the subject statement
and the positions of various members
of Council had been reflections of
what had taken place. She said that
she had read her statement at the
prior meeting because that was the
first legal meeting where it could
be done. She said that with respect
to the administrative hearings as to
whether or not an intimidation
attempt did or did not take place,
she said that perhaps the intimidation
did not take place. She said that
she was concerned with the attempt
and she said that she did not find
that type of action acceptable in
the Manager's office.
Mayor Nicolopulos said he would like
to see this matter handled in a
different form than this, however
if three members of Council did not
agree then he would go along with the
majority.
Vice Mayor Teglia asked if the Mayor
was suggesting holding another Closed
Session on this matter.
Mayor Nicolopulos said charge the
man and let him have his due process.
Vice Mayor Teglia said that the
Council had interviewed everyone but
the victim.
4/7/82
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AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
CLOSED SESSION:
RECALL TO ORDER:
CONSENT CALENDAR
Minutes of the Special Meeting of
12/29/81, Special Meeting of 12/30/81
Special Meeting of 1/6/82, Regular
Meeting of 1/6/82, Adjourned Regular
Meeting of 1/7/82, Special Meeting of
1/11/82, Special Meeting of 1/13/82,
Special Meeting of 1/19/82, Special
Meeting of 1/20/82, Regular Meeting
of 1/20/82, Special Meeting of
1/27/82, Special Meeting of 2/3/82,
Regular Meeting of 2/3/82, Special
Meeting of 2/10/82, Regular Meeting
of 2/17/82, Special Meeting of
2/24/82, Special Meeting of 3/1/82,
Regular Meeting of 3/3/82, Special
Meeting of 3/10/82.
Staff Report 4/7/82 recommending by
Motion to deny and refer the follow-
ing claims to the City's Insurance
Adjuster and to the Office of City
Attorney: 1) Claim as filed by
Jessup Law Firm on behalf of
Tafavalu Taliloa alleging mali-
cious prosecution; 2) Claim as
filed by Alfred and Irene Bartetta
alleging damages sustained from an
inadequate drain system; 3) Claim
as filed by Marvin K. Lewis, Esq.,
ORAL COMMUNICATIONS
Councilman Acosta said that Vice Mayor
Teglia was violating the rules and
regulations, when Council gets involved
with a classified employee the rules
say that it is the prerogative of the
City Manager's office to interview the
classified employee. He said that he
was not about to take the rules and
regulations and civil service and throw
those out the window for any political
reasons.
Council adjourned to a Closed Session
at 8:10 p.m.
The meeting was recalled to order at
8:20 p.m., all Council present, no
action taken.
CONSENT CALENDAR
Approved.
4/7/82
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AGENDA ACTION TAKEN 85
CONSENT CALENDAR
2. Staff Report - Continued.
on behalf of Grover Cleveland
Reece, by and through his guard-
ian at litem, Michelle Reece
alleging injuries sustained as
the result of acts of negligence
by the City of South San Francisco;
4) Claim as filed by William
Stryker alleging damages result-
ing from the oye~flow of a creek.
Staff Repor~ 4/7/82 recommending
by Motion to award the bid for
microfilm services to Bay
Mi crofi 1 m.
Staff Report 4/7/82 recommending
by Motion to accept the Oak Avenue
and Chestnut Avenue frontage
improvements constructed by the
California Water Services Company.
Staff Report 4/7/82 recommending
adoption of a Resolution for
regulations of street light rates.
A RESOLUTION REQUESTING THE
CALIFORNIA PUBLIC UTILITIES
COMMISSION TO CHANGE ITS REGU-
LATIONS CONCERNING STREET LIGHTING
APPROVAL OF BILLS
6. Approval of the Regular Bills
of 4/7/82.
CONSENT CALENDAR
Vice Mayor Teglia requested discussion
of Claim No. 1 and 2 during a Closed
Session.
So ordered.
Approved.
Approved.
RESOLUTION NO. 38-82
M/S Addiego/Teglia - Consent Calendar
be approved.
Carried by unanimous voice vote,
Councilman Damonte abstained on the
vote of the claim by Mr. Bartetti.
APPROVAL OF BILLS
M/S Damonte/Addiego - To approve the
Regular Bills.
Councilman Addiego questioned the
bill from Jim Allessandro for $1,200
and the NOISE bill for $750. He
stated that in the prior year when the
annual membership renewal came up for
payment that he had gone on record to
not pay any future renewal fees. He
asked that the City Manager investigate
4/7/82
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AGENDA ACTION TAKEN 86
APPROVAL OF BILLS
6. Approval of the Regular Bills
of 4/7/82 - Continued.
COMMUNITY DEVELOPMENT
Staff Report 4/7/82 recommending
adoption of an Ordinance which
deals with uses permitted, required
setbacks, and development standards
in the PCM Planned Zone District;
1) Motion to waive further reading
of the Ordinance; 2) Motion to
adopt the Ordinance.
2nd Reading/Adoption
AN ORDINANCE ADDING SECTIONS
20.66.045 AND 20.66.090 AND AMEND-
ING 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
ITEMS FROM STAFF
Discussion of a policy regarding
the historical fire bell to be
displayed at the Municipal
Services Building.
APPROVAL OF BILLS
the two bills and report to Council.
Carried by unanimous voice vote,
Councilman Addiego did not participate
or vote in the matter of the claim of
Brentwood Market.
Vice Mayor Teglia requested the City
Manager to contact Dr. Garbel and ask
his opinion on the usefullness of the
NOISE renewal.
COMMUNITY DEVELOPMENT
City Clerk Battaya read the entire
title of the Ordinance.
M/S Damonte/Addiego - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Damonte/Addiego - To pass the
Ordinance.
ORDINANCE NO. 894-82
Carried by unanimous voice vote.
ITEMS FROM STAFF
Vice Mayor Teglia stated that this
was an outgrowth of the retirees
reception and that the pictures of
the retired Fire Chiefs would be
hung and the fire bell installed.
M/S Acosta/Teglia - To install the
fire bell and hang the Fire Chief
pictures.
Carried by unanimous voice vote.
4/7/82
Page 8
AGENDA ACTION TAKEN
ITEMS FROM STAFF
ITEMS FROM STAFF
8a.
Approval of the Amendment to
the Senior Citizens Grant.
City Manager Birkelo said that this
was an outreach program into the
Philippine community that would reach
400 people.
M/S Teglia/Damonte - To authorize
the City Manager to execute the
amendment.
Carried by unanimous voice vote.
ITEMS FROM COUNCIL
ITEMS FROM COUNCIL
Councilman Addiego:
Spoke of the Resource Rally and asked
if the City Manager would have City
departments participate in the
program.
GOOD AND WELFARE
GOOD AND WELFARE
No one chose to speak.
CLOSED SESSION:
Council adjourned to a Closed Session
to discuss labor relations at 8:40 p.m.
RECALL TO ORDER:
The meeting was recalled to order at
ll:O0 p.m., all Council present, no
action taken.
M/S Damonte/Acosta - That the meeting
be adjourned.
Carried by unanimous voice vote.
ADJOURNMENT:
Time of adjournment ll:02 p.m.
RESPECTFULLY SUBMITTED,
APPROVED:
a A. Battaya, Cit~;/Clerk
City of South San Francisco
ol opul os, Ma~'6r
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.
4/7/82
Page 9
COMMENTS TO CITY COUNCIL
by Avis Savery
April 7, 1982
EXHIBIT A 4/7/82 Minutes
.88
At the adjourned City Council meeting held at City Hall last
Wednesday evening, an issue was brought up under "Items from Council",
concerning an alleged attempt to intimidate and influence a city
employee by the Ass't. City Manager, on behalf of a School District
employee.
A statement was read by Vice-Mayor Teglia, who also made a
motion to instruct the City Manager to obtain the Ass't. City
Manager's resignation effective immediately. Council deadlocked with
a 2-2 vote.
Councilman Addiego also made some comments about the situation
and then made a motion for a "Vote of No Confidence," which ended with
another 2-2 vote.
I believe this is a serious situation, one which affects the public
confidence in government and with individual elected and appointed
officials. I also believe there are serious issues of conflict of
interest involved.
I'm not a lawyer, and not qualified to ascertain if there is or
is not a lega.!' conflict of interest. But I am not addressing a legal
conflict of interest. I am addressing a po.tential or possibl~ ethical
conflict of interest.
The regularly scheduled first and third Wednesday City Council
meetings are televised, and therefore, draw a large viewer audience.
This viewing audience has the right to know, first-hand, what their
Council's action has been on this matter, and what further action the
Council may take. I therefore respectfully request that tonight, the
South San Francisco City Council do ~the following:
l) that Vice-Mayor Teglia read her March 31 statement regarding this
situation.
2) that this Council again make the two motions made at the March 31
meeting, specifically:
a) the motion asking the city manager to obtain the
resignation of the Ass't. City Manager, and, if that
motion fails or is deadlocked...
b) the second motion, requesting a vote of "No Confidence
in the Ass't. City Manager."
3) that Councilman Damonte not participate in the vote due to a
possible ethical conflict of interest, in that he is alledged
to have participated in the previously described situation.
4) that Mayor Nicolopulos not participate in the vote, in that his
wife is an employee of the school district, and works for
Councilman Damonte in his role as principal at Los Cerritos
Elementary School. Therefore, Mayor Nicolopulos may have a
4/7/82
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Avis Savery: Comments to Council
April 7, 1982
2of2
potential ethical conflict of interest.
I would like to leave you with a couple quotes from recent newspaper
articles:
From the April 2, 1982, San Francisco Progress, "San Mateo Assistant
District Attorney Lee Port said she is not sure about city regulations,
but nothing like that could be done by County officials."
From the April 7, 1982 Enterprise-Journal editorial entitled, "Short-
Changed in 'Influence' Try", the following quote, "Conflict of Interest
in government is a serious matter. It's pervasiveness being brought to
light almost daily."
At the end of the editorial, referring to the South San Francisco
incident, "And of course the citizens of the community were short-changed
as a result."
Again, I respectfully ask that City Council accept and act on my
requests. As a resident of this city, I don't want to be short-changed
any more.
4/7/82
Page 11