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HomeMy WebLinkAboutMinutes 1990-11-14Mayor Richard A. Haffey Council: Jack Drago Gus Nicolopulos John R. Penna Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room November 14, 1990 003 6 AGENDA ACTION TAKEN ADJOURNED REGULAR MEETING ADJOURNED REGULAR MEETING CALL TO ORDER: (Cassette No. 1) 6:35 p.m. Mayor Haffey presiding. ROLL CALL: Council present: Council Absent: Drago, Nicolopulos, Penna, Teglia, and Haffey. None. Closed Session for personnel matters, labor relations, property negotiations and litigation. Council adjourned to a Closed Session at 6:35 p.m. to discuss the items noticed. RECALL TO ORDER: Mayor Haffey recalled the meeting to order at 7:35 p.m., all Council pre- sent, no action taken. M/S Teglia/Drago - To adjourn the meeting. Carried by unanimous voice vote. ADJOURNMENT Time of adjournment was 7:36 p.m. RESPECTFULLY SUBMITTED, taya, C City of South San Francisco Ri/hard /q. ~afi~ayor City of South S/~/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. 11/14/90 Page i Mayor Richar.d A. Haffey Council: Jack Drago Gus Nicolopulos John R. Penna '-"~Roberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE PRESENTATIONS Proclamation - National Young Reader's Day ~o~ ~AGENDA REVIEW Councilwoman Teglia Requested: - Add Item 19a. Report on Magnolia Ave. Water Co. Problems. - Add Item 19b. Corridor of Chestnut and E1Camino Real Land Use Concerns. ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR 1. Motion to approve the Minutes of Regular Meeting of 10/24/90. MINUTES City Council Municipal Services Building Community Room November 14, 1990 ACTION TAKEN 7:39 p.m. Mayor Haffey presiding. Council present: Council absent: Drago, Nicolopulos, Penna, Teglia, and Haffey. None. The pledge was recited. PRESENTATIONS Councilman Nicolopulos read the Proclama- tion aloud and presented it to new City Librarian Billie Dancy, and welcomed her to City service. AGENDA REVIEW City Manager Armas stated that there were no modifications to the Agenda. So ordered. ORAL COMMUNICATIONS Ms. Maggie Pierson, Art Rise Theatre, related upcoming events: Holiday Dinner would be performed on 11/24/90 and on weekends through 12/8/90; 12/14/90 would be an open house for the community with entertainment by the Razzledazzle Group. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. 11/14/90 Page i AGENDA ACTION TAKEN CONSENT CALENDAR 2. Motion to confirm expense claims CONSENT CALENDAR Approved in the amount of $1,795,304.04. Resolution of award of contract for Shaw Road and San Mate, Avenue Pump Station Intertie Project to Shaw Pipeline Inc. in the amount of $317,605 and Shaw Road/San Mate. Ave. Pump Station Improvement Project to Union Electric Construction, Inc. in the amount of $365,000 as the lowest responsible bidders. A RESOLUTION OF AWARD OF CONTRACT (SHAW ROAD/SAN MATEO AVENUE PUMP STATIONS PROJECT) Resolution of award of contract for Aircraft Noise Insulation Phase V (b) to G.E. Chen Construction, Inc. in the amount of $427,776 as the lowest responsible bidder. RESOLUTION NO. 154-90 A RESOLUTION OF AWARD OF CONTRACT FOR AIRCRAFT NOISE INSULATION PROJECT - PHASE V(b) RESOLUTION NO. 155-90 Resolution of award of contract for Brentwood Street Light Improvement Project to Barri Electric Co. in the amount of $48,254 as the lowest responsible bidder. ~a~° A RESOLUTION OF AWARD OF CONTRACT (BRENTWOOD STREET LIGHT IMPROVE- MENTS) RESOLUTION NO. 156-90 Resolution authorizing execution of agreement with CH2M Hill to conduct a contaminated soils investigation for the Oyster Point Interchange Project. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO CONDUCT A CONTAMINATED SOILS INVESTIGATION FOR THE OYSTER POINT INTERCHANGE PROJECT RESOLUTION NO. 157-90 11/14/90 Page 2 AGENDA CONSENT CALENDAR e Resolution authorizing execution of an agreement with the Santa Clara County Transportation Agency to provide right-of-way services for the Oyster Point Interchange. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SANTA CLARA COUNTY TRANSPORTATION AGENCY FOR RIGHT-OF-WAY SERVICES FOR THE OYSTER POINT INTERCHANGE Be Resolution designating the City Manager as the Agent for the Hazard Mitigation Grant Program. ~o~° A RESOLUTION DESIGNATING THE CITY'S AGENT FOR THE HAZARD MITIGATION GRANT PROGRAM e Resolution approving budget recom- mendations for the Downtown Commercial Rehabilitation Program. A RESOLUTION APPROVING RECOMMENDATIONS FOR THE DOWNTOWN COMMERCIAL REHABILITATION PROGRAM 10. Resolution revising the current prevailing wage policy. A RESOLUTION ESTABLISHING A PREVAILING WAGE POLICY FOR CERTAIN DEVELOPMENTS IN SOUTH SAN FRANCISCO 10. Resolution revising the current prevailing wage policy. A RESOLUTION ESTABLISHING A PREVAILING WAGE POLICY FOR CERTAIN DEVELOPMENTS IN SOUTH SAN FRANCISCO CONSENT CALENDAR RESOLUTION NO. 158-90 RESOLUTION NO. 159-90 RESOLUTION NO. 160-90 Removed from the Consent Calendar for discussion by the Mayor because of receipt of a speaker card on the subject. M/S Teglia/Drago - To approve the Consent Calendar with the exception of Item No. 10. Carried by unanimous voice vote. City Attorney Armento stated that the reason this was coming before Council was because at the present time cities were involved in litigation on the prevailing wage policy. She stated that the litiga- tion was brought forward by the Associated Builders and Contractors, and proceeded to explain the issues that arose during litigation. 11/14/90 Page 3 AGENDA ACTION TAKEN 10. Resolution - Continued. She stated that the proposed revisions were additional definitions, clarifica- tions, findings, and a $250,000 thresh- hold. She stated that San Bruno was involved in the same litigation, and had revised their resolution along the same lines presented this evening. Mr. Cleveland, Assoc. Builders and Contractors, stated that they were con- cerned about this resolution, and that was why they had taken the City to task because they did not believe the City had the right to pass wage controlling legislation. He stated that they believed that the Judge would come out with a decision on 12/7/90 that should be instructive to the Council in regards to revising this resolution, and thought it hasty for the Council to make changes now when there would be more changes necessary after 12/7/90. He stated that he had looked at the revised resolution where the Attorney was trying to clean up some of the extraneous matters - which he applauded, but he felt that task was premature at this time. He stated that he violently objected to the section on the front page which was taken from a speech by Carl McCano. He did not think that the Council could equate safety with what was paid a construction worker. He stated that he was tired of being followed by Bob Gilmore of the Building Trades Council before Councils and Planning Commissions, and saying why do we have the free market place work for the construction industry when the trades constantly seek protection for jobs and salaries from elected officials. He questioned why they can't compete in the market place like every other industry, etc. He stated that because one pays greater wages it did not mean they are getting better work from the employees - it just doesn't equate. He stated that he was 11/14/90 Page 4 AGENDA ACTION TAKEN 00351 10. Resolution - Continued. talking about private organizations, privately funded projects, and all of a sudden the unions are saying we need the protection of the City of S.S.F. to guaranty our wages. He stated that if the going rate was $35 an hour prevailing wage for an electrician,just so they can be guaranteed a $75,000 a year salary - then all the auto repair shops in town will ask for the same thing from the council. He did not understand why there had to be government intrusion into the market place, which was private - not public. Mr. Robert Gilmore, Business Mgr. Bldg. Trades Council, stated that most of the workers who get hurt on the job were new with little training, and the Trades Council had out-spent ABC 50-1 to train workers on safety. He stated that in paying more wages it did not mean that all were doing the same kind of work, and making the same wage. He stated that the prevailing wage was slightly less than the union rate, etc. He stated that Mr. Cleveland was talking about people he would like to bring in here, not the local or local union workers, and not have to pay them the prevailing wage. He stated that setting aside construction workers for wage protection was not new and had been an issue since the early 1900s and the fear of others requesting the same protection had never materialized, etc. He stated that these were all temporary jobs and that was why the need for protection through pre- vailing wages. Discussion followed: competing in the market place meant anyone working in S.S.F. - wherever they came from; tem- porary workers working in town and sending their money to their homes out of the area; that this was a paper tiger argument and not valid; S.S.F. and the Bay Area have a higher standard of econo- 11/14/90 Page 5 AGENDA ....... 10. Resolution - Continued. ADMINISTRATIVE BUSINESS 11. Resolution authorizing a budget amendment of $5,000.00 for thex ~lm° Council special activity program. A RESOLUTION APPROVING BUDGET AMENDMENT 90-6 TO THE 1990-1991 OPERATING BUDGET ACTION TAKEN 00252 mic system than other parts of the U.S., and it behooves the Council to attempt to see to it that the wage standard being offered to those employees in our area was adhered to by anyone coming into the area to protect the local economy; alle- gation that ABC was not doling sufficient training; union funds for training came from the employer, whereas ABC puts up the funds; Mr. Cleveland felt that of greater importance to workers than wages was the opportunity to learn and the challenges in their work; Councilman Nicolopulos questioned if there were sta- tistics to back up Mr. Cleveland's alle- gation - and there were not. M/S Penna/Teglia - To adopt the Resolution. RESOLUTION NO. 161-90 Councilwoman Teglia stated that Council would not even have looked at this issue except for specific projects that for two plus years had not come on line, and that had set the stage for a prevailing wage. Vice Mayor Drago believed the Council did have an obligation to give its local workers the opportunity to work. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Director of Recreation & Community Services Jewell stated that there had been 11 fee waivers last year, and he expected 10 more which the $5,000 would provide for the remainder of the year. M/S Teglia/Penna - To adopt the Resolution. RESOLUTION NO. 162-90 Mayor Haffey stated that he believed that Council needed to tighten up the amount of waivers given, even though they are good causes, but thought the Park & 11/14/90 Page 6 AGENDA ACTION TAKEN 00353 --ADMINISTRATIVE BUSINESS 11. Resolution - Continued. 12. Motion to approve 710 Dubuque ast ~5o~o the location of the proposed indoor shooting range subject to the con- ditions established by the Planning Commission. ADMINISTRATIVE BUSINESS Recreation Commission should review and make recommendations on all requests. Councilman Nicolopulos stated that the Council had 10 items on the agenda that amounted to $6 million without an empha- sis put upon it, and felt the Council should have more awareness of its money. Carried by unanimous voice vote. Director of Economic & Community Development Costello stated that this was a proposal for a shooting range, and the Municipal Code requires the Council to approve the location of shooting ranges. She stated that the Planning Commission had put a number of conditions on the use permit and were recommending its appro- val. Mr. Curtis Cashen, 680 Sierra Pt. Rd. Brisbane, stated that he was the Applicant and a policeman in San Francisco. He stated that he operated a security company and a training academy, and spoke in depth on the need to train people in the use of firearms. Vice Mayor Drago questioned if there were other shooting ranges in the area. Mr. Cashen stated that Milpitas and Cotati were the closest, but there were numerous ones through out the State. Mr. Elbert Bressie, Project 101, spoke in favor of Top Gun being a business neigh- bor in the complex. Mr. Bob Borissoff, 2016 Oakdale Ave., S.F., stated that he had been involved in firearm instruction for forty years, and had trained many of the Top Gun people, and felt they and the business would be an asset to this community. Mr. Preston Jones, 1716 Almond, Walnut Creek, stated that he owned and operated 11/14/90 Page 7 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 12. Motion - Continued. 13. Resolution approving an after school sports program with the South San Francisco Unified School District. ~oO ~ ADMINISTRATIVE BUSINESS a security business, and would be a firearms instructor for the Cachens. Councilwoman Teglia questioned if there would be a hunter safety course offered for young people. Mr. Charlie Coates stated that he was employed by S.S.P.D. as a pistol range instructor, and had trained Mrs. Cashen and their employees on safety rules and precautions. He stated that he had trained over 10,000 people in the use of firearms. Vice Mayor Drago questioned why our City, when a month ago we were dealing with paint play guns and play ammo - which was denied and this seemed to be sailing through. Mr. Donald Arndt, 319 Spruce Ave., stated that he vehemently opposed this use as he had with the paint ball use. He felt that all guns should be registered, and urged the Council to vote against the use. Discussion followed: on the name Top Gun; Planning Commission intention to keep it as a low profile; the Vice Mayor wants these uses to continue to come before Council, and did not want the Code changed~ hunter safety would be offered by the Cashens; the Mayor was opposed to this use in S.S.F., even though it would be safe he would vote against it, etc. M/S Teglia/Penna - To approve 710 Dubuque as the location of the proposed indoor shooting range subject to the conditions established by the Planning Commission. Carried by majority voice vote, Vice Mayor Drago and Mayor Haffey voted no. Director of Recreation & Community Services Jewell stated that this item dealt with an after school sports program for 6th, 7th, and 8th grades, and the 11/14/90 Page 8 00255 -'~ ADMINISTRATIVE BUSINESS 13. Resolution - Continued. A RESOLUTION APPROVING IMPLEMENTA- TION OF AN AFTER SCHOOL SPORTS PROGRAM ADMINISTRATIVE BUSINESS resolution would transfer funds to allow this program to take place. He related background information wherein the City/ School District Liaison Committee was responsible for the recommendation for an after school sports program which had led to the proposal before Council. He stated that the City's responsibility would be to operate an after school sports program in various sports which would begin in January 1991. He stated that starting in Sept. 1991 the City anticipates joining the No. Peninsula Intermediate League. He stated that the School District would be taking action on this item on 11/29/90. He stated that it was proposed that the School District pay the start up costs for equipment, uniforms, replacement costs and awards which was estimated at $13,092, and would provide and maintain the facilities for the program. He stated that the City would pay the recurring costs which were estimated to be roughly $40,000. He stated that it appeared that the Boys and Girls Club appeared to be interested in operating the Paradise Valley Center six days a week beginning in January, and perhaps there could be a pilot program there at $10-15 a participant and look for grants, etc. Councilwoman Teglia stated that this was one of the several approaches from the Task Force to address what the youth in the community had become involved in. She stated that a woman Judge had recently said that S.S.F. was light years ahead in providing real programs for youth. Ms. Anne Garry, 2455 Unwin Court, Secretary of Westborough Band Boosters, stated that they used the multi-purpose room in Westborough, and questioned if 11/14/90 Page 9 !--~ ADMINISTRATIVE BUSINESS ' 13. Resolution - Continued. 14. Resolutions approving City/County Association of Governments. ~)~ A RESOLUTION AUTHORIZING EXECUTION OF THE JOINT POWERS AGREEMENT ESTABLISHING THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS A RESOLUTION DESIGNATING THE CITY/ COUNTY ASSOCIATION OF GOVERNMENTS AS THE PUBLIC AGENCY TO DEVELOP, ~ ADOPT AND UPDATE THE CONGESTION MANAGEMENT PROGRAM ADMINISTRATIVE BUSINESS this would lead to a scheduling problem with the room. Mayor Haffey stated that Mr. Fred Calianti would work with the groups through the School District so there would not be a conflict. Mr. Frank Isla stated that the latch key kids practice after school because there is no one at home for them. Mr. Don Bloat stated that the youth band practiced and performed at Westborough Jr. High, and questioned why Martin School was not used in addition to the three junior highs. Mr. Lemoge stated that the Serramonte Athletics League crosses over boundaries and runs baseball and basketball, and used Westborough Gym and the Daly City park and recreation handles it. Mayor Haffey stated that the Subcommittee had come up with this program to replace a 1970 program, and he complimented their work. M/S Teglia/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 163-90 Carried by unanimous voice vote. City Manager Armas stated that Council concerns voiced at the 9/19/90 meeting: voting rights of County representatives; JPA over local authority; that proposed agreement calls for the County to have one member as opposed to two members ori- ginally proposed. He stated that the areas of authority of the CCAG had been narrowly defined to concentrate on State mandated planning documents, and any additional functions would require a vote of 2/3 of the members representing 2/3 of the population of the County, etc. 11/14/90 Page 10 ADMINISTRATIVE BUSINESS 14. Resolutions - Continued. A RESOLUTION DESIGNATING THE CITY/ COUNTY ASSOCIATION OF GOVERNMENTS AS THE PUBLIC AGENCY OF THE SAN ~ MATEO COUNTY INTEGRATED WASTE MANAGEMENT TASK FORCE 15. Resolution confirming Statement of Costs, and directing the City Clerk to file a special assessment on the property with the County Controller for sign abatement costs ADMINISTRATIVE BUSINESS Vice Mayor Drago was concerned that the County had not taken action on this, and they had been adamant on having two votes. Mayor Haffey stated that the Council only supported the proposal if the County has one vote. Discussion followed: the plan had to be in place by June 1991; that CCAG was responsible for preparing the Waste Management Plan; that this was a cautious step towards regional government; debate on whether the JPA Board of Directors would prepare the budget; that County Planning staff was not needed; Countywide focus mandated by the State; that what- ever was passed by the JPA - the City would be bound by it; that statement was not necessarily true; cities were very nervous over this and were being very protective of their local control; Board of Directors consisted of a member from each Council, plus a member of the Board of Supervisors; that the real leverage was with the MTC, and they would have the ability to withhold funds if the Congestion Management Plan was not in place. M/S Teglia/Nicolopulos - To adopt the three Resolutions, however, S.S.F. will not support this if the Board of Supervisors has more than one vote. RESOLUTION NO. 164-90 RESOLUTION NO. 165-90 RESOLUTION NO. 166-90 Carried by unanimous voice vote. Director of Economic & Community Development Costello recited the back- ground information that had led to the need for the special assessment for the abatement of costs. 11/14/90 Page 11 AGENDA ACTION TAKEN 00258 '--ADMINISTRATIVE BUSINESS 15. Resolution - Continued. at 1045 Airport Boulevard. A RESOLUTION CONFIRMING THE STATEMENT OF COSTS FOR THE SUMMARY ABATEMENT AT 1045 AIRPORT BOULEVARD 16. Resolutions approving the Executive Management Compensation Plan, as well as the City Clerk and City Treasurer Compensation Plan - continued from the 10/24/90 meeting. A RESOLUTION SETTING A SALARY FOR~ THE CITY TREASURER A RESOLUTION SETTING A SALARY FOR~b~ THE CITY CLERK ADMINISTRATIVE BUSINESS She recommended: allowing the property owner to state any objections; adopt the resolution confirming the statement of costs, and filing a special assessment on the property for the sign abatement. Mayor Haffey invited the property owner to speak - which they chose not to do. M/S Teglia/Drago - To adopt the Resolution. RESOLUTION NO. 167-90 Carried by unanimous voice vote. City Manager Armas stated that this had been continued from the 10/24/90 meeting after a request for information on the City Clerk and City Treasurer positions. He stated that at that meeting he had recommended that the Council approve a salary increase of 4% on 7/1/90, 4-6% on 7/1/91, and 4-6% on 7/1/92 with the range predicated on the CPI for the corresponding period for the Executive Management Group and City Clerk and City Treasurer. He felt this type of adjust- ment was consistent and appropriately in line with other adjustments made through out the organization for other units that are represented in a formal capacity. He stated that it was his assessment that given the functions that are performed here as compared to other jurisdictions, he did not think we had a real good fit in terms of comparability with the cities we normally compare; and he believed that was true in both cases. He stated that the most recent precedent he was familiar with has been to extend to the elected positions the same range of increases as the department head levels, and summarily recommend percentage increases for these two positions as the others. Councilman Nicolopulos stated that the 11/14/90 Page 12 ~ ADMINISTRATIVE BUSINESS ,16. Resolutions - Continued. ADMINISTRATIVE BUSINESS report was confusing and questioned if the Council was voting on all 3 positions or are we taking this separately because he had reservations. He stated that he thought they should be done separately and he may vote for two and he may not vote for one. He questioned why it was presented like this. Mayor Haffey stated that he had requested this as one item, but there could be separate motions. He stated that he knew that the Vice Mayor had indicated by memo to the Council that he would prefer to see these items broken up, and that certainly was an option for the Council. Councilman Nicolopulos recommended that the Council exclude the Executive Management - handle that separately, and handle the City Clerk and City Treasurer separately. Councilwoman Teg)ia stated that because the process on this was apparently not to anyone's liking and there was not a great dea! of unanimity on this, she wanted to make the Motion - in fact, we take this matter and hold it in abeyance until the end of January, and we revisit it at that time hopefully with a better vehicle for resolving the issue then we have at hand at the moment. She felt that would take some consultation between the Manager and the Council as to what the appropriate vehicle will be. Vice Mayor Drago seconded the Motion. City Clerk Battaya stated that since she is an elected official and a party to this, and did not believe that a recom- mendation was necessary from the City Manager because the City Manager and the Executive Management Group are all discussed in Closed Session with the Council. She stated that by Brown Act the Council could not do that with the City Clerk and City Treasurer. 11/14/90 Page 13 AGENDA ACTION TAKEN O03GO --ADMINISTRATIVE BUSINESS 16. Resolutions - Continued. ADMINISTRATIVE BUSINESS She stated that she had put forward a staff report and had shown current figures, which were not current in what had been done by the City Manager. She stated that as an example, there was a benefit statement used by the Manager that said her health benefit was $390, yet she paid her own Kaiser in the amount of $261. She continued, in the Manager's staff report he had said that the Clerk was under her counterparts by some 12.2%, but by using that $390 it put her 3% below what it would have been using the true figures which if reflected would have shown her as 15.2% below. She believed that there was also conster- nation with department heads because of the Manager using May figures, and in all cases with department heads it is being said that they are above their counter- parts in the benchmark cities; yet all of those cities had increases between May and today, so that is not a proper or a fair figure that is being presented to the Council. Councilwoman Teglia stated that she didn't have a problem at the time Council deals with this to break out the elected officials and the Executive Management. City Clerk Battaya stated that they had always been separate because of the Brown Act. Councilwoman Teglia stated that she had asked before for staff to review elected positions, and hoped that there would be some very serious conversations between the staff and the Clerk to go over the differences and get a report. She stated that in the past Council had turned to their staff, however, she felt it best if all three positions were in fact separated, and wanted it dealt with in January as her Motion had stated. 11/14/90 Page 14 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 16. Resolutions - Continued. ADMINISTRATIVE BUSINESS Councilman Nicolopulos questioned why this was put back in the report for Executive Management - that is supposed to be dealt with in Closed Session -- even though that is the Mayor's right. He stated that this was his fourth attempt at this, and his answer had not changed. He wanted the record to show, if he is going to speak and relate what took place -- that by a 3-2 vote of the Council there was direction given that the 3-2 people did not favor this manage- ment process. He stated that information serves as a guide, but he had been against it four times because we took a survey and everyone of the executive positions were higher than the the bench- mark cities. He felt those positions had satisfactory wages, and there were few positions of long tenure - and we are losing our City Attorney in two months, and there are three or four other posi- tions that have a little tenure and that was why he was against the cost of living increase. He stated that the positions had not had enough time to be evaluated, and there is a new fill in for the City Librarian, but prior to her coming aboard we were going to grant the raise without even having the library position filled. He had said three times to the City Manager to stop on this for a year, and then he would be willing to take another evaluation. Councilman Penna stated that the Clerk's staff report said that on 12/9/87 the City Clerk had been appointed Clerk of the Redevelopment Agency, and became archivist of ten years of scrambled docu- ments which she chronicled and filed; and became responsible for agendas, minutes, resolutions without additional money for the increased workload in the Clerk's Office. He questioned why the City Manager did not provide the analysis as directed to the City Clerk and Treasurer for this meeting so they could make their 11/14/90 Page 15 ADMINISTRATIVE BUSINESS 16. Resolutions - Continued. ADMINISTRATIVE BUSINESS own statements in regards to their com- pensation -- this was not done, and he questioned why it was not done. City Manager Armas stated that he had finished the staff report Thursday or Friday of last week prior to their distri- bution, and he had notified the Clerk that the report was forthcoming. He com- mented, that you will note that she had an opportunity between the receipt of that and this to prepare her own com- ments, so obviously she had an oppor- tunity to review it. He continued, additionally, information contained in the report does speak to two different time periods which he acknowledged. He stated that the Council discussed the department heads in the summer, which corresponds to an effective date of July, so he was looking to use data that was relevant at that time; and he would not be in the position to know what had occurred since. He stated that the Council at the same time was quite involved in the summer months dealing with the Mid-Management Group, and we made a conscious decision - he and the Council in Closed Session to defer action on the department head group until there had been a conclusion reached on the mid- management personnel. He stated that with respect to the func- tions here, he thought what you read outlined those duties that are typically associated with a City Clerk. He stated that in two jurisdictions, Daly City and San Mateo, the functions are greater than those which you can include if you want - that is what represents the 12.2% dif- ferential which in the subsequent analysis he had tried to exclude those individually or collectively and had arrived at a different amount. He stated that the observation on the medical bene- fits by the Clerk was probably true, but he used what the exposure to the City could be. 11/14/90 Page 16 AGENDA ACTION TAKEN ~-- ADMINISTRATIVE BUSINESS 16. Resolutions - Continued. ADMINISTRATIVE BUSINESS Councilman Penna stated that this infor- mation was available to the City Manager several months ago, but this information was not available to the Clerk and Treasurer. City Manager Armas stated that the Santa Clara County Employee Dept. does an annual survey on all positions, and he had presented the Clerk with 1989 figures, but not the 1990 figures because they had not been presented to the Council. Councilman Penna stated that the Council had been negotiating with the department heads at least a month ago, and while the department heads are at or exceed the average in the area -- but, in this case with the elected officials they are con- siderably below, and yet the Clerk does a considerable amount of work for us on the Redevelopment Agency, and is 18% below the benchmark average and a full-time employee of the City -- he felt it should be that Council increase that salary at least to what she is asking for and the additional funds could come from the Redevelopment Agency. Mayor Haffey stated that yes, they could come from the Redevelopment Agency. City Manager Armas stated that the Council as part of the budget had adopted a cost allocation plan that looks at the functions performed by different indivi- duals to enterprise activities like the Agency, which he thought was the proper method to do it. Councilman Penna noted that Daly City's Clerk was paid extra for being Clerk of the Redevelopment Agency from an enterprise fund. City Clerk Battaya related that on Friday afternoon, as the packets were being done, she had a call from the Manager 11/14/90 Page 17 AGENDA ACTION TAKEN !'--~ ADMINISTRATIVE BUSINES.S. :16, Resolutions - Continued, ADMINISTRATIVE BUSINESS telling her that he had written his staff report -- but was still not available to my office. She stated that she did not receive it until 4:40 p.m. on Friday, and the packets were held up because of the delay. She stated that the Manager had told her that she was 12.2% down by his figures, and he was still going with the 4% general increase as was recommending for the Executive Management Group. She stated that it was a very unsatisfactory conversation, there was no communi- cation, and that had been the case in every discussion on this subject. Mayor Haffey stated that he understood that whenever compensation and salary came up, that it is a very difficult situation. Vice Mayor Drago questioned if the Motion covered all the positions or we separated these, and this was only for the execu- tive management. Councilwoman Teglia stated that the Motion covered all positions, because she hoped they could go back and give direc- tions to the Manager as to how we wish to proceed in January. She stated that with part of the group the figures were taken well over six months ago, and there were a lot of Council questions on how the survey was done. She stated that with the Clerk and Treasurer who are appar- ently dealing with more current infor- mation, we are only talking about a month and a half and they would all be dealt with separately. Vice Mayor Drago had problems with the up to date survey because that is dealing with July, and he wanted to see a uniform cut off date. He stated that Council hadn't had time to really discuss the City Clerk - and to put it politely, he felt the City Clerk was not being pro- vided with the information she was entitled to in a timely manner. He 11/14/90 Page 18 AGENDA ACTION TAKEN ~ADMINISTRATIVE BUSINESS 16. Resolutions - Continued. ADMINISTRATIVE BUSINESS stated that a survey was made in May - we received a memo three weeks ago from the Clerk wherein she requested and did not receive the survey even though the survey was in the Labor Negotiator's hands -- he stated that it just seemed like a bit of gamesmanship going on and he did not think the Council needed that kind of thing. He stated that she is an elected official - she asked for a survey - the survey was not given to her; and I don't think it was fair to her; now she has to go out and make her own survey, and now there is a conflict because she was not given the survey and given a chance to respond to the survey. He stated that he had Seconded the Motion only for the Executive Management Group, and wanted to separate the Clerk and Treasurer since we started the discussions on the salary and complete that. Councilman Nicolopulos reiterated his vote against the Executive Management, and wanted to wait another year and then review the facts. He stated that he wanted to discuss the Clerk and Treasurer separately, but the way they were shown on the agenda bothered him. Councilwoman Teglia stated that she wanted time to insure that the Clerk/Treasurer/Executive Management were all treated fairly, and did not want to deal with this tonight. Councilman Penna saw no reason why the Council could not deal with the elected officials tonight, and continue the others to January. Mayor Haffey stated that he was respon- sible for this item and supported the Manager's recommendation because he believed it was fair for all concerned. 11/14/90 Page 19 AGENDA ACTION TAKEN :r iADMINISTRATIVE BUSINESS ;16. Resolutions - Continued. ADMINISTRATIVE BUSINESS Vice Mayor Drago stated that he did not see the executive management package being settled in January - it would be more like March, and we are not talking about any retroactivity, so if it is put off and put with the executive management it will go over to the next year. Vice Mayor Drago withdrew his Second to the Motion. M/S Teglia/Dra9o - To postpone the execu- tive management package to January. Carried by majority voice vote, Councilman Nicolopulos and Mayor Haffey voted no. Councilwoman Teglia suggested that the Clerk and Treasurer be split out. M/S Teglia/Nicolopulos - To adopt a Resolution by title only to give an adjusted increase to the City Treasurer of 4% on 7/1/90, 4-6% on 7/1/91, and 4-6% on 7/1/92 depending upon the CPI. RESOLUTION NO. 168-90 Councilman Penna pointed out that the Treasurer was very successful in getting good interest rates on City money, and her salary was considerably below Daly City ($2262 @ mo.) and San Bruno ($1,483 @ mo.) with S.S.F. at $652 @ mo. He felt the compensation for the amount of work performed deserves a better compensation. Vice Mayor Drago questioned what part- time meant; what hours they work, and what were their duties. City Manager Armas stated 10-20 hours a week in other jurisdictions or more. Mayor Haffey stated that he would be in opposition to this Motion, not because of the individual or the data presented, but to him because of a sense of fairness - 11/14/90 Fage 20 AGENDA ACTION TAKEN ...... ADMINISTRATIVE BUSINESS 16. Resolutions - Continued. ADMINISTRATIVE BUSINESS and the elected officials could also wait. Carried by majority roll call vote, Councilwoman Teglia and Mayor Haffey voted no. M/S Nicolopulos/Teglia - To adopt a Resolution by title only to give an adjusted increase to the City Clerk of 4% on 7/1/90, 4-6% on 7/1/91, and 4-6% on 7/1/92 depending upon the CPI. RESOLUTION NO. 169-90 Councilman Penna questioned if the Motion to increase the Clerk's salary was going from a salary of $4,076 to $4,842 which would bring her up to par. Mayor Haffey replied that the Motion was the same as the increase for the City Treasurer. Councilman Penna stated that he would not be in favor of giving the Clerk a 4% increase when she was already 18% below what the average is of like posi- tions, and she is Clerk to the Redevelopment Agency and that Agency could pay for the additional salary. Mayor Haffey stated that in a matter of fairness he believed Council should treat all its executive management and top elected officials in the same manner; and looked to an alternative in the future for all elected officials and put it on a ballot for a pay increase for Clerk/Treasurer and Council. Councilwoman Teglia stated that it would not fly. Carried by majority roll call vote, Councilman Penna and Mayor Haffey voted no. City Attorney related that she would pre- 11/14/90 Page 21 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 16. Resolutions - Continued. LEGISLATIVE BUSINESS 17. Motion to approve Negative ~°~ Declaration No. 698; waive reading and introduce the ordinance on reduced parking standards for research and development uses - Genentech. AN ORDINANCE AMENDING SECTIONS 20.74.060 AND 20.74.070 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ALTER THE PARKING REQUIREMENTS FOR RESEARCH AND DEVELOPMENT USES RECESS: RECALL TO ORDER: (Cassette No. 2) ADMINISTRATIVE BUSINESS pare resolutions for the City Clerk and Treasurer. Vice Mayor Drago suggested in future that the Mayor appoint a Subcommittee to deal with the elected officials and discuss salaries, and go through the surveys, and then come back with a recommendation to the Council. LEGISLATIVE BUSINESS Senior Planner Morton stated that the ordinance provided a vehicle for appli- cants to be able through the use permit process to request a reduced parking standard for research and development uses. She stated that it did not reflect the Genentech request for 11/2 spaces @ 1,000 ft. of floor area, and they did want to make a presentation tonight. She stated that through the use permit process the City can look at the possi- bility of a land banking if additional parking could be provided on the site, and this was not a condition that they would hesitate to agree upon. Council adjourned to a recess at 10:20 p.m. Mayor Haffey recalled the meeting to order at 10:30 p.m., all Council present. Mr. Bill Young, Sr. Vice President at Genentech, spoke of a recent merger that had brought $600,000,000 into the treasury, and would allow them to main- tain their independence as a company traded on the NYSE and would attract new scientists to Genentech. He spoke in detail of plans for a research facility. Mr. Jon Schleuning, SR6 Partnerships, presented a slide show of the overall site and the proposed parking to accom- modate future parking with the aid of Mr. Juergen Fehr. 11/14/90 Page 22 AGENDA ACTION TAKEN LEGISLATIVE BUSINESS 17. Motion - Continued. 18. Motion to waive reading and intro- duce the ordinance on quick lube services - Spee Dee (James Siegler). AN ORDINANCE AMENDING TITLE 20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO PROVIDE FOR QUICK LUBE SERVICES LEGISLATIVE BUSINESS Mayor Haffey stated that he had pre- viously had concern to insure that people had access to the shoreline. M/S Teglia/Nicolopulos - To approve Negative Declaration No. 698, waive reading and introduce the ordinance. Mr. Jim Panek, Genentech, stated that he realized that there was a problem on the lower campus, and they had shifted the parking demand away from the lower cam- pus. He stated that they had one person to patrol the parking lot and tag viola- tors, in addition to towing employees that park wrongly. Carried by unanimous roll call vote. Senior Planner Morton stated that there was a request for reconsideration by the applicant, and additional information on the nature of the service use that dif- ferentiated it from those uses in the M-1 Zone. She stated that use, unlike the other item, there had not been a use per- mit application received or processed through the Planning Commission as they wanted to see the outcome of the zoning amendment. Mr. Bob Vasquez spoke of information and photos he had given to the City to encourage the passage of this zoning amendment. He stated that it gave full protection to the City and allows appli- cants to present their case and the City has the ability to deny it or put con- ditions of approval, etc. Councilwoman Teglia stated that she had added an item to the agenda on things happening in the corridor of Chestnut to the northern boundary of this City along both El Camino and Mission Road. She was going to ask for a report because some of the proposals may be setting precedence for how the rest of the corridor is going to go, in addition to BART, Hickey 11/14/90 Page 23 ..... ~ LEGISLATIVE BUSINESS 18. Motion - Continued. ITEMS FROM COUNCIL 19. Appointments by the Mayor with confirmation from the Council to the Library Board, and the Parking Place Commission; and appointments by the Council to the Housing Authority, and the BART Committee. LEGISLATIVE BUSINESS Extension, and updating a shopping center. She did not have a problem with this proposal, but had a problem with amending the zoning ordinance to par- ticularly allow for it in this corridor before plans were in effect for the corridor. Councilman Penna stated that this would affect the entire C-1 District, and each use would come before the City. Discussion followed: this was not Jiffy Lube; the applicant was very willing to work with the Design Review Board; the use permit would not come back to the Council after approval by the Planning Commission unless it was appealed; Council did not have control over this use; whether El Camino Real widening would affect this; if smog checks would be performed; that the services were the regular ones performed in routine main- tenance; traffic impacts; concern over amending the entire zone, etc. M/S Penna/Nicolopulos - To waive reading and introduce the ordinance. Carried by majority roll call vote, Councilwoman Teglia and Mayor Haffey voted no. ITEMS FROM COUNCIL Mayor Haffey stated that with ratifica- tion of the Council he was making recom- mendations for appointment to the Library Board and the Parking Place Commission. He stated that he had also interviewed individuals interested in the Housing Authority and the BART Committee, which was within Council purview to ratify, and had also made recommendations and requested ratification. Councilman Nicolopulos stated that he respected the Mayor, but wondered if this 11/14/90 Page 24 AGENDA ACTION TAKEN 00371 ITEMS FROM COUNCIL 19. Appointments - Continued. ITEMS FROM COUNCIL was subverting what was originally set up for the Council to do in making appointments. M/S Penna/Drago - To appoint Eloise L. Kee, to the Library and to reappoint Helen Evans and Margaret Pierson to the Library Board; and to reappoint Aldo De Tomasi to the Parking Place Commission. Carried by unanimous voice vote. M/S Teglia/Penna - To appoint Eugene Paul Terry and Andrew B. Estigoy to the Housing Authority. Vice Mayor Drago requested clarification on the number of openings on the Housing Authority. City Clerk Battaya stated that Mr. Battag)ia could not serve again, and that there were two encumbents that could serve again. Vice Mayor Drago stated that they could not then take the Mayor's recommendation, since one of the individuals put in for two committees. Councilwoman Teglia withdrew her Motion. M/S Drago/Teglia - To appoint Andrew Estigoy to the Housing Authority; and to appoint Albert Bertetta, Richard Garbarino, James J. Keegan, John Kevranian, Leo R. Mariano, and Eugene Paul Terry to the BART Committee. Carried by unanimous voice vote. M/S Drago/Teglia - To appoint those eli- gible for reappointment to the Housing Authority. Councilwoman Teglia asked if that Motion could be expanded to include all Boards and Commissions. 11/14/90 Page 2~ ITEMS FROM COUNCIL 19. Appointments - Continued. 19a. Report on Magnolia Ave. Water Company Problems. 19b. Corridor of Chestnut and E1 Camino Real Land Use Concerns. GOOD AND WELFARE CLOSED SESSION 20. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. ADJOURNMENT ITEMS FROM COUNCIL Mayor Haffey and the City Attorney pointed out that it was not on the agenda, and would have to be put on a future agenda. Motion and Second withdrawn. Councilwoman Teglia stated that it appeared that the Magnolia residents and Calif. Water will have a satisfactory solution within two weeks. She expressed concern on the land use on Chestnut wherein a property was changing hands that had to do with a proposed 92 unit condo project on the former Garden Mart site. She stated that plans for the Hickey extension, the BART Station at E1 Camino Real and Chestnut would be affected, and wanted a report from staff on what is taking place in that area. Vice Mayor Drago stated that it should be agendized at the first of the year and also look at the zoning. GOOD AND WELFARE No one chose to speak. CLOSED SESSION None held. M/S Penna/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 11:30 p.m. 11/14/90 Page 26 RESPECTFULLY SUBMITTED, Barbara A. Battaya, Ci City of South San Francisco AP PR,~V B'D. /~ , City of South .%nfrancisco / 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. 11/14/90 Page 27