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HomeMy WebLinkAboutMinutes 1987-10-14Mayor Mark N. Addiego Vice Mayor John "Jack" Drago Counci 1: Ri chard A. Ha~:fey Gus Nicolopulos Roberta Cerri Teglia MINUTES City Council 000~,~ Municipal Services Building Community Room October 14, 1987 AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS Presentation by Karen Wallsten of BART, and Representatives of SamTrans on the November 1987 Ballot Issue to.o~ --extend BART into San Mateo County. ~ ACTION TAKEN 7:35 p.m. Mayor Addiego presiding. Council present: Council absent: Halley, Drago, Nicolopulos, Teglia and Addiego. None. The Pledge of allegiance was recited. Reverend Dummer, Grace Covenant Church, gave the invocation. PRESENTATIONS Mayor Addiego welcomed Karen Wallsten, BART, and Mr. Gee, SamTrans, and stated that the two were proponents of Measure K which was on the 11/3/87 Ballot. He stated that the Measure was the approval that would allow the BART extension from the Colma turnback to San Francisco International Airport. He stated that the proposed route would pass through South San Francisco, and Mr. Gee and Ms. Wallsten would present the proposed route. Mr. Gee, Director of Planning & Engineering at SamTrans, stated that SamTrans was the lead agency in this pro- ject, which when built would then be turned over to BART. He stated that there were actually two projects in one: the Colma Station, which was well under way as far as the environmental studies were concerned; and the extension of the line from Colma to the Airport, which would start where the turnback track ended. He stated that the turnback tract was proposed to be placed on S.P. property in the cemetery east of E1Camino Real, which would be underground from the abandoned S.P. pro- perty. He stated that it would continue 10/14/87 Page i AGENDA .-- PRESENTATIONS ACTION TAKEN PRESENTATIONS underground until it crossed Mission Road and E1Camino Real; the line would go under that intersection then be above ground to Macy's warehouse; it would then go underground again at the Chestnut BART Station, and stay underground under Chestnut, West Orange and Spruce Avenues and come into San Bruno to a station at Tanforan which was supposed to be at grade or an underground station. He con- tinued, it would follow the S.P. main line track at that location, and then follow the S.P. track to a point on the west side of 101 opposite the Airport terminal. He stated that this proposal was on the Ballot as Measure K in November, and if that was approved by the voters environmental studies would begin, and the process would be the same as the Colma BART Station. He communicated the following: that the Chestnut Station would be underground with parking at the location of the golf driving range; that an idea for handling the traffic was to connect up to Arroyo with E1Camino Real over the BART tracks directly into the parking lot at the Chestnut Street Station; that there would also be a secondary access from Mission Road into the station. Discussion followed: the proposed SamTrans route was to stay underground at Spruce Avenue; that the proposed station would be in back of Kaiser Hospital, bet- ween Mission Road and E1 Camino Real, rather than being located behind Macy's; there would be a parking structure erected after the number of spaces needed were defined; the transition at the Y from Colma at Mission Road into Winston Manor; that with the Colma Station Pro- ject the trail tracks would be on aban- doned S.P. land through the cemetery, which would be underground, and that same line would be extended underground through the cemetery land unto the Y, and into the abandoned S.P. line between the 10/14/87 Page 2 AGENDA PRESENTATIONS ACTION TAKEN PRESENTATIONS trailer court and other property; whether or not private property could be condemned had not been established; that the duck pond at the cemetery would not be affected; that the cost of the S.S.F. BART Station had not been established by SamTrans, etc. Ms. Wallsten, BART, stated that BART and SamTrans had been working together on the Colma Station, and if the November Measure was successful would continue working together on the project to the Airport. She stated that BART was not the lead agency on this project, but would work with the County where needed. Discussion followed: that the Contra Costa BART District was very unhappy with the proposal, and the Board of Supervisors had passed a 5 or 6 point resolution to look into the legal possi- bilities; that Measure K would authorize SamTrans to negotiate with BART, and that until that happened the City would not know the cost of the buy in, etc. Vice Mayor Drago stated that he had requested that this item be agendized for clarification because he had voted against the ~2~ sales tax proposal, many people thought that he was against BART, which was not true. He believed that a master transit system, which BART was, fulfilled the system, however, he didn't believe in widening highways and that was why he had voted against the 1~ sales tax proposal. He stated that his feeling was that it would increase ridership on CalTrain. He questioned: that if the system went through South San Francisco, would it be underground the entire length of the City. Mr. Gee stated that the exception to that would be the piece between Macy's Warehouse and Chestnut. 10/14/87 Page 3 AGENDA PRESENTATIONS ACTION TAKEN 0002, PRESENTATIONS Vice Mayor Drago questioned, if the issue was passed would South San Francisco still have control on whether a station was located in that vicinity or not. Mr. Gee stated that South San Francisco would have a major say as to where the station might be or on how the station would be designed. Vice Mayor Drago questioned, if under the SamTrans proposal any homes would be demolished and families relocated. Mr. Gee stated that if the system followed the proposal lines described then there should be no homes or families dislocated. Vice Mayor Drago questioned if there would be an increase in taxes. Mr. Gee stated that SamTrans had a 1/2~ sales tax now that was adequate to pro- vide, eventually, half of the cost for this extension to the Airport. Vice Mayor Drago stated that he could understand why the City of Millbrae would be opposed to the line, and certainly he would also be opposed if this City was at the end of the line. He stated that he wanted to make his stand very clear -- that he was not opposed to BART. Discussion followed: on whether BART was receptive to the SamTrans proposal if the Measure was approved by the voters without environmental work having been done; what control would the City have to assure that the project would be underground; that the proposal for undergrounding had been based on a 1972 study that the City had participated in; that the project would not involve any funds from the BART District, but would 10/14/87 Page 4 AGENDA ACTION TAKEN PRESENTATIONS PRESENTATIONS be financed by the existing 1/2~ sales tax and the Federal Mass Transportation Administration with funding split 50-50 between the Federal Government and SamTrans; that any litigation arising from across the Bay would not effect the funds for this project; that the cost of the proposed plan to the Airport, excluding the Colma Station, would be $500,000,000 barring escalation; that the SamTrans reserves from the 1/2¢ sales tax were $80,000,000; that the project would take 10-15 years to build; that if funds were not available, the project could be delayed or done in stages; that bonds could be used to accelerate the project; that there were no concrete guarantees that the project would be undergrounded, etc. Mayor Addiego stated that he had hoped to have opponents of the Measure present at the 10/28/87 meeting, however, that had been preempted by a meeting at the San Bruno City Hall with Supervisor Huening, and his Aide Bob Marks, Councilman Canizzaro, and Activist Les Kelting discussing the issue. Mr. Solo, 429 Commercial Ave., stated that Chestnut Avenue out to the bay was all sand, and that if the extension was over the ground the project would be less costly. He spoke in detail of using the United Railways right-of-way for the pro- ject that could even go to San Jose. Mr. Les Kelting stated that Council questioning of Mr. Gee had not yielded any positive answers, and expressed con- cern over resultant problems in traffic circulation and parking. He stated that he knew that Mi llbrae had taken a strong stand against BART being extended to the Airport. He stated that SamTrans was saying that it would take 40,000 cars off the road, 10/14/87 Page 5 A G E N D A A C T I 0 N T A K E N 00{~2~i~ ~-- PRESENTATIONS PRESENTATIONS yet they knew at the outside it would only be 20,000. He stated that he was a bit tired of all of the misrepresen- tations, and actual lies coming forward on the Measure. He stated that Mr. Gee spoke of 50% financing from the Federal Government, yet there were two Congressmen, Sharp and Miller from the East Bay, that were strongly opposing the construction of the Colma Station, in addition to their Board of Supervisors. He continued, because of that he did not believe there would be any construction for the next ten to twelve years. He stated that more important an issue was to look at the CalTrain situation, and getting to the Financial District which would generate more passengers from as far away as San Jose. He believed that a parallel transit system was not needed in this County. Mr. David Anderson stated that as a Council candidate he had walked door to door, and that part of his platform had been in support of Measure K which offered some unique opportunities for this City. He stated that six weeks ago he had sat down with Police Chief Datzman, who had agreed with him that the location of the BART Station was such that it would not draw people from 101 or 280 to park at the station. He urged the Council to look kindly on the BART Station because it would upgrade the area and offer some commercial deve- lopment and advantages to the residential areas in terms of an upgrade in property values as it had in the Concord area. Mr. Lou Dell'Angela stated that he lived in Sunshine Gardens, near the proposed station, and he disputed people saying that there would not be a problem on Mission Road. He stated that the plans 10/14/87 Page 6 AGENDA ACTION TAKEN ..... PRESENTATIONS AGENDA REVIEW ORAL COMMUNICATIONS 0002 S PRESENTATIONS included two accesses, one from Mi ssi on Road and one from E1 Camino, and that the station would create major disastrous traffic problems in the Mission Road area. He stated that the residents were not looking for a residential boom, but instead were looking to safeguard the neighborhood. AGENDA REVIEW City Manager Lewis stated that he had nothing to add or delete from the Agenda. ORAL COMMUNICATIONS Mr. Lou Dell'Angela stated that there was a problem in City Hall in terms of obtaining information. He stated that he had sent a letter to the City Manager questioning the City's budget reserves, and the response had painted an unrealistic picture of budget reserves. He stated that he was looking for liquid reserves, wherein, if the Council chose to settle a contract with an employee bar- gaining group it could be proved that there were liquid reserves available to pay for the contract. He stated that the information he had received had been very inflated at 2.3 million dollars at the end of the 1985-86 fiscal year, yet the reality was that only $800,000 was liquid. He stated that he had gone into Finance to ask to see the budget reports, as well as the Auditor's report, and had been told that the reports had been taken by the City Manager and the information was not available. He was told that he could go to the Library to see the budget report, and he could write a letter to the CPA firm to request a copy of the audit reports. He stated that he resented the atmosphere of secrecy that made it difficult for any 10/14/87 Page 7 AGENDA ORAL COMMUNICATIONS ACTION TAKEN O00 G: . ORAL COMMUNICATIONS resident to obtain information of the City. He stated that anyone in this City should be entitled to public information, and no City Manager should take it upon himself to try to censure information to the public. He stated that if the resi- dents of the City were spoon-fed or allowed to have only certain information, then his concern was that the Council would also be spoon-fed without a true picture of the financial situation of the City. He stated that he had also requested a management letter, which was part of the audit record, and had been told that he could not have the document. He stated that the letter was very important, and that it did not include any personnel matters, but did include financial infor- mation that he was entitled to - but was told by the City Manager he could not have the document. He requested the Council to inform the City Manager that he did not have the right to censure any information that was public. Councilman Haffey stated that based on the statements made, the City Manager should be directed to release all of the information, excluding litigation or per- sonnel matters, to Mr. Dell'Angela to show him how well this City was being run. Mayor Addiego requested a response from the Finance Director in reference to the letter of inquiry, and his response of an $840,000 undesignated reserve. Director of Finance McVey stated that it had been difficult to determine from the letter as to what was meant by the term City's financial reserves, but he had pointed out that this information was available in the public library. He 10/14/87 Page 8 AGENDA ACTION TAKEN ..... ORAL COMMUNICATIONS COMMUNITY FORUM ORAL COMMUNICATIONS stated that the $840,000 was undesig- nated, but he had pointed out that this information was available in the public library. He stated that the $840,000 was undesignated, but did not show the true picture of the reserve of $200,000 in working capital and the $600,000 of catastrophic reserves which were liquid assets of the City. He stated that other assets were: revitalization bonds of $350,000 that could be made liquid in a period of thirty days. Mr. Dell'Angela questioned if the Finance Director was saying that if the City settled a police employee contract, that catastrophic funds could be used - which he did not believe could be done, as they were not liquid reserves. Discussion followed: reluctance to release the management letters without permission from the CPA firm; that the City had paid for the document and it was therefore a public record; that if the CPA firm would not release the management letter, then the City could find a new CPA firm; that the reserves designated as liquid assets were still designated with a purpose; Councilwoman Teglia suggested that Council direct staff to put the pro- perty at Chestnut and Grand Aves. up for sale to improve the reserve picture; that sale of the property should be put on the next agenda; that Vice Mayor Dra§o agreed with Mr. Dell'Angela that the catastrophic reserves were designated funds and not liquid assets. Consensus of Council - To direct the City Manager to release the documents men- tioned to Mr. Dell'Angela as public documents. COMMUNITY FORUM No one chose to speak. 10/14/87 Page 9 AGENDA ACTION TAKEN O00 ,S CONSENT CALENDAR 1. Minutes of the Special Meeting of 9/9/87, and the Regular Meeting of 9/9/87. Staff Report 10/14/87 recommending by Motion to accept the Magnolia Senior Center Project No. PB-86-1 as complete in accordance with the plans and specifications. Staff Report 10/14/87 recommending by Motion to set a Public Hearing for 10/28/87 to consider a Zoning Amendment and environmental deter- mination of same to add Chapter 20.75, Recycling Regulations, to the City's Zoning Ordinance (Title 20, South San Francisco Municipal Code) pursuant to the California Beverage Container Recycling and Litter Reduction Act. Staff Report 10/14/87 requesting by Motion to set 10/28/87 as a Public Hearing to consider the appeal of the Planning Commission decision of 9/10/87 to deny UP-87-808/Lillian E. Quinn and the environmental determination of same for a gasoline service station with auto repairs in the C-1 Retail Commercial Zone District at 900 Linden Avenue in accordance with the South San Francisco Municipal Code 20.22.040. Request from Buri Buri School that the Council by Motion waive the carnival fees for their festival on 10/24/87. Staff Report 10/14/87 recommending by Motion to approve the Housing Assistance Plan Annual Goals for submittal to HUD. 7. Staff Report 10/14/87 recommending ~ adoption of a Resolution desig- CONSENT CALENDAR Approved. Removed from the Consent Calendar for discussion by Councilman Nicolopulos. Public Hearing date set for 10/28/87. Public Hearing date set for 10/28/87, and notice given that the Agenda had an incorrect date shown for the Public Hearing as 10/24/87. ~'OqIFestival fees waived. ordered. 10/14/87 Page 10 AGENDA ACTION TAKEN CONSENT CALENDAR CONSENT CALENDAR 7. Staff Report - Continued. nating polling places and election officers for the General Municipal Election to be held 11/3/87. A RESOLUTION PROVIDING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION IN THE CITY OF SOUTH SAN 'FRANCISCO ON THE THIRD DAY OF NOVEMBER 1987, DESIGNATING POLLING PLACES, APPOINTING PRECINCT ELECTION OFFICERS AND OTHER RELATED MATTERS RESOLUTION NO. 110-87 M/S Teglia/Haffey - To approve the Consent Calendar with the exception of Item 2. Carried by unanimous voice vote. ® Staff Report 10/14/87 recommending by Motion to accept the Magnolia Senior Center Project No. PB-86-1 as complete in accordance with the plans and specifications. Councilman Nicolopulos questioned if Staff felt that the project had been pro- perly completed. Deputy City Manager/City Engineer Yee stated that everything had been completed. M/S Haffey/Nicolopulos - To accept the Magnolia Senior Center Project No. PB-86-1 as complete. Carried by unanimous voice vote. APPROVAL OF BILLS APPROVAL OF BILLS ® Approval of the Regular Bills of 19 10/14/87. ~o M/S Haffey/Teglia - To approve the Regular Bills of 10/14/87 in the amount of $1,938,911.18. Carried by unanimous voice vote. COMMUNITY DEVELOPMENT & ADMINISTRATION COMMUNITY DEVELOPMENT & ADMINISTRATION Public Hearing - Consideration of Zoning Amendment ZA-87-39, to amend Chapter 20.26 of the South San Francisco Municipal Code to require Mayor Addiego opened the Public Hearing. 10/14/87 Page 11 AGENDA ACTION TAKEN 0002 COMMUNITY DEVELOPMENT & ADMINISTRATION 9. Public Hearing - Continued. a Use Permit for religious assembly use in the D-3, Downtown Commercial Zone District. Staff Report 10/14/87 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Motion to waive further reading of the Ordinance; 4) Motion to introduce the Ordinance. 1st Reading/Introduction AN ORDINANCE AMENDING CHAPTER 20.26 (DOWNTOWN COMMERCIAL DISTRICT) OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REQUIRE A USE PERMIT FOR RELIGIOUS ASSEMBLY USES 10. Staff Report 10/14/87 recommending by Motion to approve the request for a nine month extension for filing SA-85-90 for Carter Park II, Li Shan Investments. COMMUNITY DEVELOPMENT & ADMINISTRATION Director of Planning Smith chronicled the related commission actions on this item: that the Planning Commission had adopted a Resolution requesting that the Council approve the Negative Declaration No. 604 and ZA-87-39; and that the Parking Place Commission had also adopted a Resolution supporting this Zoning Amendment; that there had been two applications received for parking exceptions for this use; that this Ordinance would require a use permit for religious assembly in the D-C District based on the five findings in the staff report. Mayor Addiego invited those wishing to speak for or against the Zoning Amendment to step to the dias - no one chose to speak and he closed the Public Hearing. M/S Haffey/Teglia - To approve Negative Declaration No. 604. Carried by unanimous voice vote. M/S Teglia/Haffey - To waive further reading and introduce the Ordinance. Carried by unanimous voice vote. Director of Planning Smith stated that the moratorium on sewer permits had been lifted by the San Mateo County Sanitation District, and due to a death in the firm and some litigation involved with the company a nine months extension request of SA-85-90 which was being supported by Staff. M/S Teglia/Drago - To approve the request for a nine months extension for filing SA-85-90 for Carter Park II, Li Shan Investments. Carried by unanimous voice vote. 10/14/87 Page 12 AGENDA ITEMS FROM STAFF 11. Staff Report 10/14/87 recommending adoption of a Resolution author- izing the Mayor to appoint the Citizens Review Committee for the Downtown Revitalization Loan ~ Program. A RESOLUTION AUTHORIZING THE MAYOR TO APPOINT THE DOWNTOWN REVITALIZATION COMMERCIAL REHABILITATION ADVISORY COMMITTEE ITEMS FROM COUNCIL 12. Discussion and consideration of the adoption of a Resolution to effect a wage parity between the position of Senior Construction Inspector and that of Building Inspector as recommended by Councilman Nicolopulos at the 9/23/87 regular City Council meeting. A RESOLUTION AMENDING THE SOUTH SAN FRANCISCO EMPLOYEE CLASSIFICATION PLAN FOR THE POSITION OF BUILDING INSPECTOR ACTION TAKEN 0002 'S ITEMS FROM STAFF City Manager Lewis stated that the pur- pose of this Committee would be to work with staff to review applications and rank them in accordance with the criteria established in the Pilot Program Guidelines. He stated that the results would then be forwarded to Council with a request on which projects should be approved along with what type and the amount of assistance to be granted. M/S Teglia/Haffey - To adopt the Resolution. RESOLUTION NO. 111-87 Carried by unanimous voice vote. ITEMS FROM COUNCIL Councilman Nicolopulos stated that some time ago the Council gave Staff a direc- tive to review some classifications, spe- cifically the Public Works Inspector with the thought that the position be upgraded to another title of Senior Construction Inspector. He believed that at that time the AFSCME negotiator had brought it to Councils attention for action, which the Council later did take action based on staff, Mr. Obenhuber and AFSCME's recommendations. He stated that the reclassification was done with a 10% increase in salary. He stated that he wanted to take these classifications case by case, however, he realized that some Councilmembers had concerns that perhaps this might be setting a precedent - yet, at the time he had not been pleased with the incomplete staff report presented. He stated that it was only through the research efforts of a Councilmember that it had been found that only two or three cities had been used, rather than the practice of using five cities for the approved title change and salary increase. He felt that someone should have had some censure, but once the Council approved something, that approval was difficult to be taken back. 10/14/87 Page 13 AGENDA ITEMS FROM COUNCIL 12. Discussion - Continued ACTION TAKEN OOu . 0 ITEMS FROM COUNCIL He stated that in another category, that of Building Inspectors, he felt that the job specifications were comparable with the Senior Construction Inspector, and also worked independently and should have received the same raise. He stated that he had been forwarned that perhaps this type of action would lead to an inference that his motive was political, and he would like to set the record straight. He stated that his motive in this case was not politically motivated, but was the same identical one used by Mr. Obenhuber, staff and the AFSCME negotiator in the interest of justice, fairness and equality. He stated that he would like to make a Motion to achieve that parity between the Building Inspectors in rela- tion to the Senior Construction Inspector. He stated that the Building Inspectors, after some time, were given an oppor- tunity to ask for a reclassification, and that since June or July staff and Mr. Obenhuber had recommended a 21/2% increase, yet in the interest of justice, fairness and equality there should be parity. M/S Nicolopulos/Drago - To adopt the Resolution which puts the Building Inspectors on a parity with the Senior Construction Inspector. Vice Mayor Drago stated that someone in the past few years had so complicated the entire civil service classification system in this City, that it bordered on lunacy by classifying, reclassifying and reclassifying again with titles and descriptions. He stated that now, the Council could not compare job descrip- tions with the five benchmark cities that were designated for a comparable basis. He stated that last year staff had sub- mitted numerous title changes on new job descriptions, and many had stated there would be no change in pay. He stated that eleven months later there is a recommendation for a change in pay because the job description changed. 10/14/87 Page 14 AGENDA ITEMS FROM COUNCIL 12. Discussion - continued ACTION TAKEN ITEMS FROM COUNCIL He stated that the kicker was that the new title could not be compared to the five cities, because none of them had that title. He stated that he did not have a problem in voting for the Building Inspectors, however, he proceeded to read his notes made after the particular Resolution was passed: the state of the study does not give a true picture of the salary sche- dule, it is incomplete and favors a few employees; some persons reclassified to titles not being used in some of the benchmark cities, so that instead of the average of these five cities, which the other employees salaries are based upon, only two or even one of the highest were used, which naturally would put them ahead of the others. He felt that if the Council was going to evaluate a few of the employees on one or two cities, then they should all be eval- uated on the same one or two cities. He stated that it was not fair to those people that have common titles that can be used in the benchmark cities. He stated that he had seen the civil ser- vice system circumvented in the last couple of years from part time workers to full time workers; from unclassified to classified; from the labor force to the management force through title changes. He urged the Council to review the whole classification system of this City, to start at basic square one. He stated that he did not feel that this was the proper form for this item tonight, and did not feel that the Council should negotiate employees salaries up here tonight, because it was not fair to the employees. He stated that there was also the Code Enforcement Officer, which was also equivalent to the Building Inspector. 10/14/87 Page 15 AGENDA ACTION TAKEN ITEMS FROM COUNCIL 12. Discussion - continued ITEMS FROM COUNCIL He stated that the Consultant had used the words historical parity in all of the reevaluations except the Building Inspectors, and agreed with Councilman Nicolopulos that there was an inequity done at that time. He stated that a lot of outside people, Consultants, were making a lot of money from these surveys which were not serving the purpose, and certain employees were not receiving a benefit from the surveys. He stated that thirteen people had been hired for specific purposes in the last years, and even those titles and duties had changed within the last three years, etc. He stated that there was a method to calculate salaries when different titles were used in different cities to determine how those positions compare with this City. He stated that Mr. Obenhuber's report just complicated it and his services would be needed next year and the year after. Mayor Addiego agreed with the Vice Mayor's last statement, and thought that if the City had a system that was correct there would no longer be a need for the classification studies. He questioned whether a title or a job description should be compared to benchmark cities. City Manager Lewis stated that Mr. Obenhuber made an analysis of the job duties and titles. Discussion followed: that Councilman Nicolopulos and the Building Inspectors had gone through all City channels for the last two years to no avail, and that is why it was being discussed tonight. Councilman Haffey stated that he had some concerns about the classification process in the City, and that in regard to these particular positions staff may want to take another look at the posi- tions. He agreed with much of what Vice Mayor Drago had said, and the Council 10/14/87 Page 16 AGENDA ITEMS FROM COUNCIL 12. Discussion - continued ACTION TAKEN 000 73 ITEMS FROM COUNCIL needed to look at the five cities which the Council had set as policy. He stated that perhaps the pool that the Consultant pulled from, when all five cities do not have the same classification, was something that staff had done on its own. He believed that Council should set policy on the pool cities that were drawn from, and was extremely concerned with the precedence the Council might set by considering classifications in public as a City Council wi.th individual employees or classifications - it could cause chaos. He stated that there was no way that he could go along with it; and lastly he had a concern about collective bargaining, wherein, if action was taken by the Council, it could be opened up for litigation. He stated that there was a concern about the system, and the Council could act upon that in the near future. Discussion followed: that the ideal was to compare the five benchmark cities, that the Code Enforcement Officer posi- tion should be evaluated; calling a study session to evaluate the system and seek equity; City Manager Lewis: that taking action on the item would cause signifi- cant problems in the long run and in the short run on negotiations for the whole unit; City Attorney Armento related the following: that there would be some collective bargaining, Myers, Milias Brown, problems that would arise if the Council were to take an action, such as the one before it, and recommended against that; that the position in question was represented by a bargaining unit, and only that bargaining unit could represent and negotiate the position - an individual could not represent them- selves; that if action was taken the Council could be accused of bad faith negotiations; that provisions were spelled out in the Municipal Code, and action taken would be an aggravation of the process. 10/14/87 Page 17 AGENDA ITEMS FROM COUNCIL 12. Discussion - Continued ACTION TAKEN ITEMS FROM COUNCIL Mr. Frank McAuley stated that he repre- sented the AFSCME employees, and had taken umbrage at the comment made at the last meeting, that AFSCME did not do a good job in representing all of their members. He stated that AFSCME repre- sented over 30 classifications, and that all had been studied including the Building Inspectors. He stated that he did not want to speak against anyone getting an increase, but at the last meeting something had been said about the lower echelon and every one of the 30 positions fell into that category; and he would like to put all of them on the table for a 10% increase. He stated that Mr. Obenhuber was a pro- fessional and neither he or the Council are professionals and should trust his judgment. He stated that Mr. Obenhuber had noted in his first report the inde- pendence with which the position operated, where other positions had two senior steps above the position. He con- tinued, after the report Mr. Obenhuber had recommended a 5% increase and AFSCME had felt that the individual doing the duties warrented even greater compen- sation; Mr. Obenhuber went away and after more study recommended an additional 5% in March 1986, and recommended that the Building Inspectors be given a 292% increase because of the historical dif- ferences. He stated that the latter would be rectified in the negotiations involved, however, if he had his Committee with him tonight they would sit down and negotiate with Council. He stated that he did not think it was proper for the Council to negotiate with itself, when AFSCME was negotiating with City management in good faith. Discussion followed: on the transcript of the item at the last meeting in reference to the comment that the Building Inspectors were not represented 10/14/87 Page 18 AGENDA ITEMS FROM COUNCIL 12. Discussion - Continued. 13. Discussion of the Budget Quarterly:~0 Report. ~ ACTION TAKEN 00027L ITEMS FROM COUNCIL for whatever reason; that AFSCME did represent the Building Inspectors; that AFSCME represented all positions in the bargaining unit and the reevaluations had been one of the points in the negotiated settlement of the contract; that the City Clerk had prepared the verbatim transcript at the request of Councilman Nicolopulos; etc. Motion was removed from the floor by Councilman Nicolopulos and the Second was removed by Vice Mayor Drago. Mayor Addiego stated that any further discussion of the item would be in Closed Session. City Manager Lewis stated that the quarter ended 9-30-87, and it would take staff as much as a month to clear the accounting of that quarter and sit down and discuss that report with the Department Heads before a final report will be made to the City Council the second meeting in November. He stated that at that time he would be able to give Council the close of the prior fiscal year. Vice Mayor Drago stated that this was a matter he had asked to be agendized and did not understand why it would take two months after the Quarter close before the Council reviews the quarterly budget. He stated that he would also like to see a percentage of the expected revenues as of 9-30-87. City Manager Lewis stated that the expected revenues would be difficult to compile because they did not flow into the City on a even basis, in that some come in on an semi-annual, annual and a monthly basis. He stated that the one that was most difficult to predict of all of the revenue sources was Sales Tax, and that TOT and Sales Tax amounted to 50% of the revenues received in the City. He stated that a monthly report was received 10/14/87 Page 19 AGENDA ITEMS FROM COUNCIL 13. Discussion of the Budget Quarterly Report. Discussion of Ordinance No. 635 ACTION TAKEN 000 ., ITEMS FROM COUNCIL from the State on Sales Tax, and there were quarterly catch-up reports on one to two quarters back. He stated that the City had not yet seen Sales Tax for the Price Club. Vice Mayor Drago stated that the budget had been predicated on the City Manager's prediction of $26,498,623.00 in Revenues, yet Council had to wait through another half a year to see if the budget would be met, and there was only $300,000.00 to play with. He stated that he had concern with vacancies that would not be filled until the projections were met. City Manager Lewis stated that 75% of the budget was salary oriented and to meet the budget he had to control personnel. Discussion followed: concern that vacan- cies would take away levels of service to the public; that $1,000,000.00 had been set out for vacancy factors; in the future it should be Council direction in filling vacancies; that it was Council responsibility to fulfill the needs in services for the community; that staff had a broad interpretion of vacancy fac- tors, etc. Councilman Nicolopulos questioned whether Ordinance No. 635 had been invalidated by legal opinions of four Attorneys as reported by the news media. He stated that the City Attorney had stated at the last meeting that there were two ways in which to legally change the Ordinance. He stated that he had received a clarifi- cation on the matter from Senator Quentin Kopp on whether his opinion had invali- dated the Ordinance, and he had stated that not by him - so he felt Ordinance No. 635 was still on the books. City Attorney Armento stated that she had not read the article. She stated: that there was a provision in the Municpal Code that provides for a two term limit; 10/14/87 Page 20 AGENDA ITEMS FROM COUNCIL Discussion of Ordinance No. 635 - Continued. ACTION TAKEN 000277 ITEMS FROM COUNCIL there had been four different Attorneys that had written opinions that called that into question, by their nature opi- nions do not alter what is on the books. She stated that the only technical way to alter what was on the books was to have the Council inact an Ordinance that changes that legislation or to have a Court invalidate the application of that legislation. She continued, now tech- nically a Court could rule that you can- not apply that legislation - the Council could still leave that legislation on the books, so in a super technical sense the only way to get the legislation off the books is for the Council to change it. Councilman Nicolopulos stated that the Ordinance had been on the books for tour- teen years without a challenge, and Councilwoman Teglia was taking a posture different than the alternatives suggested. He stated that he had taken a sworn oath to uphold the law as had the rest of the Council, and was concerned about the defiance being used by Councilwoman Teglia. Councilwoman Teglia stated that she was sorry Councilman Nicolopulos was so troubled and viewed this as an act of defiance, because it was not viewed that way at all. She stated that two years ago when the two term limit was agen- dized, and even with the information the City Attorney gave, the majority of this Council decided to keep this Ordinance on the books, and she had voted against it. She stated that Councilman Nicolopulos had had the opportunity to rescind the Ordinance if so desired, and he had not. She stated that it was an unjust law and Council had no authority to pass that law, and that was the thing in question. 10/14/87 Page 21 AGENDA ITEMS FROM COUNCIL Discussion of Ordinance No. 635 - Continued Condition of sidewalks in the Down- town area. Trip to Atotonilco, Mexico Cancellation of 11/11/87 meetin~l~~ GOOD AND WELFARE ACTION TAKEN ITEMS FROM COUNCIL Councilman Nicolopulos stated that he had been in law enforcement for twenty-five years, and was concerned that a law was being defied. Councilwoman Teglia stated that some week ago she had made an observation on the appearance of the streets in the downtown area being dirty, and that tonight before the meeting she had received a telephone complaint concerning the filthy sidewalks. She questioned when the sidewalks in the downtown area were going to be steam cleaned. Deputy City Manager/City Engineer Yee stated that the sidewalks had been cleaned every night for the past couple of weeks from 10:30 P.M. on, and had received complaints that it was making too much noise for the people who live in the hotel. He stated that it was very dirty, every square inch would have to be cleaned and it would take several months. Mayor Addiego stated that there was a request from the San Mateo County Harbor District, and with Councilman Nicolopulos concurrence, he had set a tentative meeting for the 18th. He stated that he had a letter from Mr. Padreddii in reference to a trip to Atotonilco, Mexico on 11/30/87, and those wishing to go needed to make a decision bj 10/26/87 as this was a trip to formalize the Sister City affiliation. Consensus of Council - To direct the City Clerk to cancel the 11/11/87 regular meeting. GOOD AND WELFARE Jake Jones, Recreation Commission, stated that at the 2/26/87 Recreation Commission Meeting it was noted in the Minutes that 10/14/87 Page 22 AGENDA ACTION TAKEN GOOD AND WELFARE ~0o~ 000279 GOOD AND WELFARE the Magnolia Center would be used for programs only - with no rentals. He stated that this would be agendized for the Commission's November meeting, and a recommendation would be forthcoming to Council on any type of rental of Magnolia Center. He stated that it was interesting to learn that the City had $800,000.00 in uncommitted reserves, as well as the suggestion of selling the Chestnut and Grand property to add to the reserves. He stated that the acquisition of the property was done by other Councils, as well as the Westborough Building, which was using funds from Colma Creek in the amount of $360,000.00 per year from the County of San Mateo. He cited the importance of the Council having a good budget and through it to plan funds for a catastrophe. He believed the Council should have at least $5,000,000.00 in reserves, and the Council should direct Staff to set 5% of the budget aside each year to build the reserves to that figure. Mayor Addiego stated that the Council realized it needed to build up the reser- ves, however, it must also spend monies needed for services to the Community. Mr. Jones stated that he could remember when the City paid for sidewalk repairs, now if a sidewalk has to be fixed the property owner has to pay. Vice Mayor Drago stated that he understood that this building was rented out to a commercial venture as a traffic school, which was later removed, and he felt that Council should discuss and effect fees and policies for the rental of City buildings. 10/14/87 Page 23 AGENDA ~GOOD AND WELFARE CLOSED SESSION 14. Closed Session for the purpose of the discussion of personnel mat- ters, labor relations and litiga- tion. RECALL TO ORDER ADJOURNMENT: RESPECTFULLY SUBMITTED, Barbara A. Battaya, City of South San Francisco ACTION TAKEN GOOD AND WELFARE He stated that the fee for-the traffic school had been arbitrarily set by a member of staff without Council ever having discussed the fee. CLOSED SESSION Council adjourned to a Closed Session at 10:00 P.M., to discuss the items listed, as well as the Westborough Townhouse litigation. RECALL TO ORDER Mayor Addiego recalled the meeting to order at 10:32 P.M., all Council present, no action taken. M/S Haffey/Teglia - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment 10:33 P.M. APPROVED · 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. 10/14/87 Page 24