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
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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
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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
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AGENDA
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ACTION TAKEN
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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
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AGENDA ACTION TAKEN
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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,
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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
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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
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AGENDA
ORAL COMMUNICATIONS
ACTION TAKEN
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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
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AGENDA ACTION TAKEN
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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