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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 4/7/82 Page 1 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 Page 2 ^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 Page 3 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. 4/7/82 Page 4 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 Page5 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 Page 6 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 Page 7 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 Page 10 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