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HomeMy WebLinkAboutMinutes 1986-02-26Mayor Roberta Cerri Teglia Vice Mayor Mark N. Addiego Counci 1: John "Jack" Drago Richard A. Haffey Gus Nicolopulos MINUTES City Council Municipal Services Building Community Room February 26, 1986 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 26th day of February, 1986, at 7:00 p.m., in the Municipal Services Building, Community room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Staff Report 2/26/86 recommending adoption of a joint Resolution of the City Council of the City of South San Francisco and the Redevelopment Agency of the City of South San Francisco as amended and supplemented (Budget Rent A Car). A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO AS AMENDED AND SUPPLEMENTED (BUDGET RENT A CAR) ® Closed Session for the purpose of the discussion of personnel matters, labor relations and litigation. j;~erta Cerri Teglia, City of South San Franci Dated: February 20, 1986 AGENDA SPECIAL MEETING CALL TO ORDER: (Cassette No. 1) ROLL CALL: Staff Report 2/26/86 recommending adoption of a joint Resolution of the City of South San Francisco and the Redevelopment Agency of the City of South San Francisco as amended and supplemented (Budget ACTION TAKEN SPECIAL MEETING 7:12 p.m. Mayor Teglia presiding. Council present: Council absent: Nicolopulos, Haffey, Addiego, Drago and Teglia. None. Herman Fitzgerald, Esq., stated that this was an amendment and a supplement to a Resolution pertaining to the Budget Rent A Car property that had been adopted 8/28/85. He stated that action was required because of the change in the 2/26/86 Page i AGENDA ACTION TAKEN 1. Staff Report - Continued. Rent A Car). JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO AS AMENDED AND SUPPLEMENTED (BUDGET RENT A CAR) Closed Session for the purpose of the discussion of personnel matters, labor relations and litigation. alignment of the Gateway Extension Roadway and that action had previously been taken for the other three properties. He stated that eminent domain proceedings had been filed the week before and the Court had granted the city's request for possession of the property effective 4/10/86 and the contract, he thought, would be awarded April 9th and construc- tion would begin the next day. He stated that negotiations with the property owners were on-going and that there were no objections from the property owners on the process. M/S Haffey/Drago - To adopt the Resolution. RESOLUTION NO. 43-86 Carried by unanimous roll call vote. City Clerk Battaya stated that Council had before them her request for a Closed Session for a personnel matter. City Attorney Rogers stated that if the personnel session was noticed and if the Council wished to go into a Closed Session it could go into the Closed Session to discuss the performance, the hiring, firing or discipline of an employee. City Clerk Battaya asked that the request for a Closed Session be changed to that of potential litigation. City Attorney Rogers stated that if the Council wanted to go into Closed Session for litigation it should go in among themselves. He stated that he did not recommend that the Council go into a Closed Session to discuss litigation with someone who is a potential litigant against the City. Councilman Drago questioned how the Council would know what the litigation concerned if it was not heard in Closed Session. 2/26/86 Page 2 AGENDA ACTION TAKEN O ~ -~ ~ 2. Closed Session - Continued. City Attorney Rogers stated that there was no litigation pending of which he was aware and there had been no papers served against the City. Vice Mayor Addiego stated that if someone was going to share some information, something that might be pending litiga- tion, the Council could simply hold the Closed Session and take in that infor- mation. He stated that the Council would not be in a position to respond until it had its own private Closed Session with the City Attorney. City Attorney Rogers stated that the bot- tom line was: does the Council want to talk to the City Clerk on a problem that she has. He suggested that the Council appoint a Subcommittee to talk to the City Clerk and her Attorney, along with the City Manager and City Attorney to find out the essence of the problem and then have the Subcommittee come back to Council in a Closed Session. Vice Mayor Addiego stated that the Council could invite anyone into a Closed Session as long as the subject matter fell within the expressed boundaries. Mayor Teglia stated that that the advise of the City Attorney was not to go into Closed Session with the City Clerk and she felt comfortable in following the City Attorney's opinion. City Attorney Rogers stated that he was advising the Council to refrain from discussing, among themselves, anything that has to do with potential litigation against the City when the person on the other side of the case is in there. Mayor Teglia stated that there was another Attorney in the audience working for the City. William Kay, Esq, Whitmore, Kay, Stevens, special counsel to the City, stated that he would support the City 2/26/86 Page 3 AGENDA ACTION TAKEN 2. Closed Session - Continued. CLOSED SESSION: RECALL TO ORDER: Attorney's position and felt that the Council would probably be violating the Brown Act in having the Closed Session. Vice Mayor Addiego stated that if the subject area was personnel it would then be appropriate for the Council to meet with the City Clerk in Closed Session. City Attorney Rogers stated that if the discussion centers on the City Clerk the Council could not have it; if it centers on the reorganization of the City Clerk's Office you can't have it; if it centers on discipline, evaluation of performance, the hiring or firing of an employee, then the Council could hold it for those limited purposes. Vice Mayor Addiego stated that with that delineation, then perhaps the City Clerk knows if she needs to have a Closed Session, because he thought the Council would be bound to follow along those lines. City Attorney Rogers stated that his understanding from a discussion with the City Clerk was that he had told her that if she was going to have a Closed Session for the reorganization of her office - she could not do it. She then said, well then I want it for litigation, which was the first he had heard about litigation. Mayor Teglia stated that Council was going into a Closed Session, at 7:25 p.m., for the purpose of discussing labor relations and that if in Closed Session the Council wished to invite the City Clerk into the session that was their prerogative. The City Clerk was invited into the Closed Session. Mayor Teglia recalled the meeting to order at 7:53 p.m., all Council present, no action was taken. 2/26/86 Page 4 AGENDA ACTION TAKEN ADJOURNMENT: M/S Haffey/Addiego - To adjourn the meeting. Carried by unanimous voice vote. Time 7:54 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City of South San Francisco q~oberta Cerri Teglia, 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 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. 2/26/86 Page 5 Mayor Roberta Cerri Teglia Vice Mayor Mark N. Addiego Counci 1: John "Jack" Drago Ri chard A. Haffey Gus Nicolopulos AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE: INVOCATION: AGENDA REVIEW: / C. Manager Birkelo requested: ~ - Add Item 7a. Adoption of a Resolution authorizing execution of an agreement with Home Savings of America to administer its Deferred Compensation Program. Mayor Teglia requested: - Add Item 7b. Adoption of a Resolution honoring the second annual Women's Hall of Fame of San Mateo County. <5~ ORAL COMMUNICATIONS COMMUNITY FORUM MINUTES City Council Municipal Services Building Community Room February 26, 1986 ACTION TAKEN 7:50 p.m. Mayor Teglia presiding. Council present: Council absent: Nicolopulos, Addiego, Drago, Haffey and Teglia. None. The pledge of allegiance was recited. Reverend Steve Martin, Hillside Church of God, gave the invocation. So ordered. So ordered. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM ~/c~ Councilman Nicolopulos spoke of a letter from a concerned resident that cited the following concerns: 1) Two pampas Grass bushes in front of 544 Grand Ave. that were in need of trimming; 2) Damage to the sidewalk at 310 Chestnut Ave. due to roots of a City tree; 3) Double parked vehicles in driveways blocking the sidewalk on Grand Avenue between Spruce and Orange Avenue; 4) Muddy conditions surrounding link fence along Orange Avenue. 2/26/86 Page I AGENDA ACTION TAKEN U~ CONSENT CALENDAR Minutes of the Special Meeting of 2/12/86 and the Regular Meeting of 2/12/86 and the Adjourned Regular Meeting of 2/19/86. ® ® Staff Report 2/26/86 recommending by Motion to approve payment of $410.00 to Michael D. McMillen who alleged damage to his vehicle when struck by a City vehicle. Staff Report 2/26/86 recommending adoption of a Resolution approving a budget for use of the Foundation Program received from the State of California. A RESOLUTION APPROVING A BUDGET FOR USE OF "FOUNDATION PROGRAM" MONIES RECEIVED FROM THE STATE OF CALIFORNIA DURING FISCAL YEAR 1985-86 AND ORDERING SAID FUNDS TO BE SET ASIDE IN A SPECIAL ACCOUNT TO INSURE THEIR USE SOLELY FOR "FOUNDATION PROGRAM" ITEMS Staff Report 2/26/86 recommending adoption of a Resolution to award the bid for labor and installation of playground equipment at Orange Memorial Park picnic area, Winston Manor No. i Park and Paradise Valley Park to John Clay Landscape in the amount of $10,289.00 as the lowest responsible bidder. A RESOLUTION OF AWARD OF CONTRACT PLAYGROUND INSTALLATION - ORANGE MEMORIAL PARK-PICNIC AREA WINSTON MANOR #1 PARK AND PARADISE VALLEY PARK PROJECT NO. PR-85-4, BID NO. 1709 Staff Report 2/26/86 recommending adoption of a Resolution to award the bid for playground equipment acquisition for Orange Memorial Park-Picnic Area, Winston Manor #1 Park and Paradise Valley Park CONSENT CALENDAR Approved. So ordered. Removed from the Consent Calendar for discussion by Vice Mayor Addiego. RESOLUTION NO. 44-86 2/26/86 Page 2 AGENDA ACTION TAKEN S CONSENT CALENDAR 5. Staff Report - Continued. (Project No. PR-85-4, Bid #1708) to Columbia Cascade Timber Co. in the amount of $33,828.71 as the lowest responsible bidder. A RESOLUTION OF AWARD OF CONTRACT PLAYGROUND ACQUISITION - ORANGE MEMORIAL PARK - PICNIC AREA, WINSTON MANOR #1 PARK, AND PARADISE VALLEY PARK PROJECT NO. PR-85-4, BID NO. 1708 ® Staff Report 2/26/86 recommending adoption of a Resolution that designates and consolidates pre- cincts, polling places, precinct election officers and other related matters. A RESOLUTION PROVIDING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION IN THE CITY OF SOUTH SAN FRANCISCO ON THE 8TH DAY OF APRIL 1986, DESIGNATING AND CONSOLIDATING PRECINCTS, DESIGNATING POLLING PLACES, APPOINTING PRECINCT ELECTION OFFICERS AND OTHER RELATED MATTERS Staff Report 2/26/86 recommending adoption of a Resolution approving plans and specifications, author- izing the work and calling bids for the Gateway Assessment District No. ST-82-2, Phase II - Gateway Blvd. Extension. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE GATEWAY ASSESSMENT DISTRICT NO. ST-82-2, PHASE II - GATEWAY BOULEVARD EXTENSION __ 7a. Staff Report 2/26/86 recommending adoption of a Resolution author- izing execution of an agreement CONSENT CALENDAR RESOLUTION NO. 45-86 5'397 RESOLUTION NO. 46-86 RESOLUTION NO. 47-86 2/26/86 Page 3 AGENDA ACTION TAKEN CONSENT CALENDAR CONSENT CALENDAR 7a. Staff Report - Continued. with Home Savings of America to administer its Deferred Compensa- ti on Program. A RESOLUTION APPROVING AND AUTHOR- IZING THE EXECUTION OF A DEFERRED COMPENSATION SERVICE AGREEMENT RESOLUTION NO. 48-86 7b. Adoption of a Resolution for the Women's Hall of Fame of San Mateo County. A RESOLUTION HONORING THE SECOND ANNUAL WOMEN'S HALL OF FAME OF SAN MATEO COUNTY RESOLUTION NO. 49-86 M/S Addiego/Nicolopulos - to approve the Consent Calendar with the exception of Item No. 3. Carried by unanimous voice vote. e Staff Report 2/26/86 recommending adoption of a Resolution approving a budget for use of the Foundation Program received from the State of Cal i forni a. ~'0-~ ~ ~'1~ I A RESOLUTION APPROVING A BUDGET FOR USE OF "FOUNDATION PROGRAM" MONIES RECEIVED FROM THE STATE OF CALIFORNIA DURING FISCAL YEAR 1985-86 AND ORDERING SAID FUNDS TO BE SET ASIDE IN A SPECIAL ACCOUNT TO INSURE THEIR USE SOLELY FOR "FOUNDATION PROGRAM" ITEMS Vice Mayor Addiego questioned how these State funds would impact the budget. City Librarian Goodrich stated that this was the third year that the State funds had been received which at Council direc- tion were used to supplement the purchase of equipment for the libraries. M/S Addiego/Haffey - To adopt the Resolution. RESOLUTION NO. 50-86 Carried by unanimous voice vote. APPROVAL OF BILLS APPROVAL OF BILLS e Approval of the Regular Bills of 2/26/86. ~m/Z~ M/S Haffey/Nicolopulos - To approve the Regular Bills of 2/26/86 in the amount of $3,252,772.78. Carried by unanimous voice vote. Vice Mayor Addiego did not vote or participate in the vote of Brentwood Market. 2/26/86 Page 4 AGENDA ACTION TAKEN CITY MANAGER e Staff Report recommending: 1) Adoption of a Resolution amending the Employee Classification Plan; 2) Adoption of a Resolution amending the Budget of the City of South San Francisco (in reference to Deputy City Clerk)' ~c29_ ~ A RESOLUTION AMENDING SOUTH SAN FRANCISCO EMPLOYEE CLASSIFICATION PLAN A RESOLUTION AMENDING THE SOUTH SAN FRANCISCO EMPLOYEE BUDGET CITY MANAGER Coordinator of Personnel Services and Labor Relations McCartney stated that there were two proposed Resolutions: one to amend the employee classification plan; and the other was to amend the 1985-86 Budget. Mayor Teglia stated that there was reali- zation of the fact that there was going to be a need for detailed discussions with the City Clerk regarding her office and the reorganization of that office. She requested that Councilman Drago and Vice Mayor Addiego serve on a Subcommittee of the Council to meet with the City Clerk and to thoroughly excor- ate this matter and then come back to the Council with information and a recommen- dation. City Clerk Battaya questioned if the Council was going to act upon the Resolutions before the Subcommittee had investigated the matter. Mayor Teglia stated that she believed that the Council was acting on this -- what we are talking about is the reorga- nization of the Clerk's Ofice after the fact. City Clerk Battaya stated that she wanted to go on record as being in objection to the two Resolutions being adopted by the Council. Mayor Teglia stated that the first Resolution had to do with the deletion of the class specification of the position of Deputy City Clerk. M/S Addiego/Haffey - To adopt the Resolution. RESOLUTION NO. 51-86 Carried by unanimous voice vote. M/S Addiego/Haffey - To adopt the Resolution amending the Budget. 2/26/86 Page 5 AGENDA ACTION TAKEN CITY MANAGER 9. Staff Report - Continued. CITY MANAGER Councilman Drago stated that since a Subcommittee had been established, perhaps Item 3 in the second Resolution , to move the funds in the budget from per- sonnel services to contract service, was not of an emergency nature and should be removed from the Resolution until the Subcommittee worked out the matter with the City Clerk. Mayor Teglia questioned if that would in any way tie the Clerk's hands in getting personnel in her Office. City Manager Birkelo stated that it might - that it could defer the other movements that are associated with the Resolutions. Mayor Teglia stated that her understanding was that the salary that was currently scheduled for that office, the benefits that were currently sche- duled for those employees, those monies were being left in tact in the Clerk's budget. City Manager Birkelo stated that that was true. He stated that the Resolution proposes just to move it from salaries and wages and certain benefit accounts into contractual services account, but if the Council had not made up its mind that it wanted th Clerk to operate her cleri- cal services in that manner, then item 3 should be removed from the Resolution. Vice Mayor Addiego questioned if the City Clerk was in an interim position and needed to contract for services on a tem- porary basis, was the current budget going to allow her to do that. City Manager Birkelo stated that on an interim basis he probably could work out, administratively, some way to charge the account. Councilman Drago stated that the Subcommittee could probably get the 2/26/86 Page 6 AGENDA ACTION TAKEN --CITY MANAGER 9. Staff Report - Continued. COMMUNITY DEVELOPMENT & ADMINISTRATION 10. Staff Report 2/26/86 in reference to the appeal of the Planning Commission decision regarding outdoor storage of equipment at 280 Wattis Way in the M-2 Industrial Zone District in accordance with Ordinance 962, as extended, and Title 20 of the South San Francisco Municipal Code (Dennis P. Mason, President, Scaffold Mart); requesting a Motion to deny the appeal - continued from the 1/22/86 CITY MANAGER matter settled by the next regular meeting. City Clerk Battaya questioned if she was going to be working alone in her office, in that the Resolution removed the two people from her Office. Mayor Teglia stated that the Clerk had requested that the people be removed from her office and because she need staff the budget would be left in tact with all monies for salaries and personnel bene- fits. City Clerk Battaya questioned if this meant that she could go out and hire on her own with the employees having all of the benefits that any other City employee had. Councilman Haffey stated that that was one of the things that the Subcommittee was going to discuss, but in the interim there would be sufficient funds and the Clerk would not have to work in the Office alone. Vice Mayor Addiego and Councilman Haffey withdrew their Motion and Second. M/S Addiego/Haffey - To adopt the Resolution amending the Budget with the removal of Item No. 3. RESOLUTION NO. 52-86 Carried by unanimous roll call vote. COMMUNITY DEVELOPMENT & ADMINISTRATION Planning Director Smith stated that if the Council was going to uphold the appeal that it require that in order to meet the General Plan condition, that this be properly screened a lean-to, made of fire-resistive metal panels in a color to match the building walls - which are a cream color. 2/26/86 Page 7 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT & ADMINISTRATION 10. Staff Report - Continued. and 2/12/86 meetings. 11. 12. Public Hearing - The Gateway Assessment District No. ST-82-2 1985 Refunding Bonds, Series 86-A - Continued from 2/12/86. Staff Report 2/26/86 recommending: 1) Open the Public Hearing and hear testimony; 2) Clerk to accept written waivers of protest and challenge; 3) Request that the matter be continued to the next 3/12/86 meeting. Hearing - Genstar Development Inc., Broadmoor Homes, Northern California Division for a one-year time extension for Tentative Subdivision Map SA-83-81/RPD-79-12, (Lot 4, St. Francis Terrace, Appian Way and Gellert Boulevard - con- tinued from the 1/22/86 meeting. Staff Report 2/26/86 recommending: 1) Hear testimony; 2) Motion to deny the request for a one-year time extension for Tentative Subdivision Map SA-83-81/RPD-79-12 - request for a two month extension to 4/23/86. COMMUNITY DEVELOPMENT & ADMINISTATION Mr. Mark D. Hudah, 216 Park, Burlingame, expressed appreciation to Staff for having effected the screening solution. Councilman Nicolopulos stated that he hoped that Staff was going to do the General Plan clean-up of Policies in this particular regard. City Attorney Rogers made the suggestion that if the Council wanted to uphold the appeal, then the Council should do so based upon the findings. M/S Addiego/Drago - To uphold the appeal if the property is screened as the Staff Report indicated. Carried by unanimous voice vote. Mayor Teglia opened the Public Nearing. Consensus of Council - To continue the item to the 3/12/86 meeting. M/S Nicolopulos/Addiego - To continue the item to 4/23/86. Carried by unanimous voice vote. 2/26/86 Page 8 AGENDA ACTION TAKEN RECREATION & COMMUNITY SERVICES 13. Staff Report 2/26/86 recommending: 1) Motion to waive further reading of an Ordinance; 2) Motion to adopt an Ordinance establishing the Youth Commission. 2nd Reading/Adoption AN ORDINANCE ADDING TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE <~/~ CHAPTER 2.62 ENTITLED "YOUTH COMMI SS ION" ~'~ ~ TECHNICAL & MAINTENANCE SERVICES Public Hearing - Of intention to vacate a highway easement adjacent to and easterly of E1 Camino Real between Kaiser Hospital and Macy's Warehouse. Staff Report 2/26/86 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Adoption of a Resolution. A RESOLUTION ORDERING THE VACATION OF A HIGHWAY EASEMENT ADJACENT TO, AND EASTERLY OF, EL CAMINO REAL BETWEEN KAISER HOSPITAL AND MACY'S WAREHOUSE RECREATION & COMMUNITY SERVICES City Clerk Battaya read the title of the Ordinance in its entirety. M/S Haffey/Drago - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Haffey/Drago - To adopt the Ordinance. ORDINANCE NO. 999-86 Carried by unanimous voice vote. Consensus of Council - To hold interviews for the applicants for the Youth Commission and the Historical Commission on 3/29/86. TECHNICAL & MAINTENANCE SERVICES Mayor Teglia opened the Public Hearing. City Manager Birkelo stated that this was excess property left on the realignment to E1 Camino Real, adjacent to the lumber yard and nursery, which was now being proposed to be abandoned so it could be incorporated into the existing lots. Mayor Teglia invited those wishing to speak in favor of the vacation to step to the dais -- no one chose to speak. She then invited those wishing to speak against the vacation to step to the dais - no one chose to speak and she closed the Public Hearing. Councilman Drago questioned who owned the land where the easement was located. City Manager Birkelo stated that it was a Highway right-of-way that had been aban- doned and had become a part of the various lots adjacent to it. He stated that a sewer line would be formed to bring the sewer line across the area for the benefit of the property owners. /26/~6 age ~ AGENDA (~ ACTION TAKEN TECHNICAL & MAINTENANCE SERVICES 14. Staff Report - Continued. ITEMS FROM STAFF ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 15. Closed Session for the purpose of the discussion of personnel mat- ters, labor relations and litiga- tion. ADJOURNMENT TECHNICAL & MAINTENANCE SERVICES M/S Haffey/Drago - To adopt the Resolution. RESOLUTION NO. 53-86 Carried by unanimous voice vote. ITEMS FROM STAFF No one chose to speak. ITEMS FROM COUNCIL Vice Mayor Addiego expressed concern that the interior of Council chambers might be over designed and asked that some one look into the situation. Councilman Nicolopulos questioned when the reception desk was going to be installed. Councilman Drago stated that he had received many letters from people con- cerned over Channel 42 going off the air and that Channel 40 would be viewed instead. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council chose not to have a Closed Session. M/S Haffey/Nicolopulos - to adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 8:36 p.m. 2/26/86 Page 10 AGENDA ACTION TAKEN RESPECTFULLY SUBMITTED, ~taya<-~~ City ClX' City of South San Francisco -R.o~l~rta Cerri reglia, MaWr 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 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. 2/26/86 Page 11