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HomeMy WebLinkAboutMinutes 1992-03-04 Mayor John R. Penna Council: Jack Drago Joseph A. Fernekes Gus Nicolopulos .~Roberta Cerri Teglia AGENDA ADJOURNED REGULAR MEETING CALL TO ORDER: (Cassette No. 1) ROLL CALL: Closed Session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. RECALL TO ORDER: Certification of the sufficiency 5'~ of the Referendum Against Ordinance No. 1110-92, adopted 1/22/92. MINUTES City Council Municipal Services Building Community Room March 4, 1992 VOZ.H 332 ACTION TAKEN ADJOURNED REGULAR MEETING 6:38 p.m. Mayor Penna presiding. Council present: Council absent: Drago, Fernekes, Teglia, and Penna. Nicolopulos. City Clerk Battaya informed the Council that Councilman Nicolopulos was ill and would not be in attendance. Council adjourned to a Closed Session at 6:38 p.m., to discuss: 1) a citizen complaint pursuant to GC 54957; 2) per- sonnel matter involving an employee's performance pursuant to GC 54757; 3) litigation pursuant to GC 54956(b)(a); 4) a real property transaction concerning the Mazzanti Property pursuant to GC 54956.8. Mayor Penna recalled the meeting to order at 7:20 p.m., all Council present, no action was taken. City Clerk Battaya stated that on 3/3/92 she compiled and validated the following certification of signatures which had been filed 2/21/92 with a sequential number of 2,571 signatures: 66 invalid circulatOrs counted as petition signers; 24 duplicate signatures; 25 invalid signatures due to circulator's incomplete affidavits; 3 signatures altered with liquid paper; 54 signatures not suf- ficient; i signature and address was illegible; 3 invalid used P.O. Box; and 186 were not registered voters. She stated that there were 2,209 valid referendum signatures that are greater than the 2,121 required based on the 21,210 registered voters submitted to the Secretary of State on 1/15/92 by the County Clerk for South San Francisco. 3/4/92 Page I AGENDA ACTION TAKEN 333 Certification - Continued. She requested that the Council, by Motion, accept the Certificate of Sufficiency. M/S Teglia/Fernekes - To accept the cer- tification of the sufficiency of the Referendum Against Ordinance No. 1110-92, adopted 1/22/92. Councilman Drago questioned what the pro- cess was for someone wishing to challenge the validity of signatures and circulators. City Clerk Battaya stated that was best answered by the City Attorney because once the petitions have been filed in her office it was sealed, and her understanding was that only a judge of a court could investigate the matter. City Attorney O'Toole stated that the appropriate action would be some type of litigation to challenge the certification of the Clerk, and once the litigation was filed the Court would order the petition be opened and he could check the valida- tion of the signatures. Councilman Drago read aloud the declara- tion of the circulator on the petition that the person had personally witnessed the person signing the petition. He stated that a son of one of our registered voters signed his name on a petition at a local business, and has the same first and last name as the .~ father and temporarily lives at the home of his father. He stated that the son is not a registered voter in S.S.F. - his father did not sign the petition, but was told by the petition people that that was alright. He questioned how he could know that his signature on the petition was considered valid - that this owner was actually the person who saw the person who signed this declaring it to be a genuine signature of the person signing it and had then filled out the declara- tion. He questioned if he had to get a court order to look at the petition to see who signed it. 3/4/92 Page 2 AGENDA ACTION TAKEN - 334 Certification - Continued. City Attorney O'Toole stated that he was not sure that he would know even with a court order who that signature was, or even if he could look at the signature or who it belonged to other than the affida- vit of the circulator who testified under penalty of perjury that that was the signature he witnessed. He stated that there was a procedure in the Elections Code for those individuals to request their signature be withdrawn, and if the Clerk received that type of request she would have withdrawn the signature from the petition. Councilman Drago stated that he realized that it did not affect the count of valid signatures, however, he wanted to know if that name was considered one of the valid signatures when the party is not a registered voter but signed his name the same as his father at the same address who is a registered voter and did not sign it; and both were willing to testify. He stated that he wanted to see the name of the circulator. City Attorney O'Toole stated that if Councilman Drago would share the name with him he would check to see, short of litigation, and would get back to him. He stated that the referendum was sealed after the verification, but he would get back to Councilman Drago in a day or two and advise him of the process. Councilman Drago questioned if there was a time period for challenges or if in accepting the certification, it ended the matter. City Attorney O'Toole stated that the Council was not voting on the validity of individual signature, but the cer- tification of the City Clerk, and there may very well be additional time frames that he was not prepared to respond to but would get back to him. Councilman Drago stated that he wasn't sure until this morning that there were 3/4/92 Page 3 AGENDA ACTION TAKEN - 335 Certification - Continued. Reconsideration of Ordinance No.~'3 1110-92 "An Ordinance of the /~ City Council of South San Francisco Amending Various Sections of Title 2 and Title 3 of the South San Francisco Municipal Code Relating to the Power to Appoint City Department Heads." enough valid signatures, and he did not want to belabor the point if it only meant the one name was coming off, but if this particular circulator signed peti- tions he did not witness -- would it nullify all the petitions signed by that one circulator. City Attorney O'Toole responded, not necessarily. Carried by unanimous roll call vote. Mrs. Diane Smith, 3900 Crofton Way, related that in an article in the San Mateo Times on 1/24/92 reported Mrs. Teglia's announcement of the referendum which she said would cost under $500.00, and would be paid for by her supporters and out of her own pocket. She con- tinued, and had stated that Mrs. Teglia hoped the referendum was successful and would force the Council to rescind the ordinance limiting the powers of the City Manager thus avoiding putting it to a vote. She stated that if Mrs. Teglia wanted this to be settled by a vote of the people of S.S.F., why did she suggest this oddly contradictory alternative, so when it comes to a vote which she insisted upon at whatever cost it turns out to be she can turn it around and hang the expense on the Councilmembers who would not cave into her. She staed that next there was a vote to Council that went 4-1 against Councilwoman Teglia, then we have Mrs. Teglia's referendum to overturn that vote after her referendum at a pur- ported cost of under $500.00. She stated that Mrs. Teglia hopes to use that as leverage to avoid the vote and let her have her way, if not she can then say you gentlemen were unreasonable and it was you that cost the taxpayers a ton of money for this vote. She stated that if Mrs. Teglia does not just want it both ways - she wants it all ways. She stated that the responsibility of this election lies directly with Mrs. Teglia and the voters should be aware of it tonight and keep it in mind for the future. 3/4/92 Page 4 AGENDA ACTION TAKEN- 336 Reconsideration - Continued. She stated that in 1987 when Council decided to give the power to hire and fire to the City Manager, Councilwoman Teglia did not feel that it was a deci- sion of such magnitude that it could not be decided by the elected officials of our City. She stated that she did not then ask for it to be put to a vote of the people of S.S.F., now that same pro- cess has determined that this respon- sibility should be returned to Council and Mrs. Teglia feels that it must be put to a vote of the people -- or does she. She believed that Mrs. Teglia meant what she said, she hopes the referendum will force Council to back down from their considered vote of 1/22/92. She suggested that if the Council acquiesces to Councilwoman Teglia's wish that you rescind the ordinance, you will have succumbed to her political blackmail tactic. She continued, four votes will have been cast tonight robbing 21,416 registered voters of S.S.F. of a voice in this matter that Councilwoman Teglia fought so fervently for this past month. She stated that we gained 206 registered voters during this referendum. She reminded the Council that the referendum itself was not meant to be the determining factor in this issue, and also believed that S.S.F. wants 1/10 of its registered voters - many of whom are so politically unaware that they signed the petition more than once using invalid or incomplete signatures, and many other errors outlined by Mrs. Battaya. She stated that there was considerable expense to the City for these invalid signatures along with the ones that were registered voters who were weeded out leaving some 2,200 voters Mrs. Teglia hopes to use to support her one dissenting vote on 1/22/92. She stated that she would hope the four gentlemen find the time between now and the elec- tion to persuade voters that at least this City Manager should not have the powers he enjoys today. 3/4/92 Page 5 AGENDA ACTION TAKEN. Reconsideration - Continued. She stated that that there was one lingering question about Mrs. Teglia's campaign expense filing, if she and her supporters could scrape up the needed funds for this referendum - why didn't they donate the $250.00 for the outstanding bill at the Radisson for the victory party in November. She stated that she guessed she knew who you can stiff, and for how long. Vice Mayor Teglia responded: if there is an election, if it does go to the ballot, it will be because of the vote of the Council; the referendum process allows for people to express to their Council a desire to reconsider an action short of refusing to reconsider that action, then what is left is a dictation that it be placed on the ballot for the public to decide; she did not have a problem with that, if the Council was going to make major policy changes in this City it ought to become far more political than what we are and less professional than we ought to be; she felt that was a decision for the voters to make, and she was not afraid of that decision; the referendum was not for everybody, they didn't have to solicit everybody; with respect to the $500.00, it doesn't take a lot of money to circulate a paper and those expenses, the printing and set up, was paid for by the people that wanted the opportunity to be heard and it was under $500.00 and it was not necessary for us to form a com- mittee; with respect to the dissenting vote, my dissenting vote, and people running around town making it appear to be that it is a disgruntlement, that four members of Council voted one way, one member did not and was unhappy and did not get her way - that is not the case; that she had been on the Council a long time and had come up on the end of the stick on many votes, and never went after a referendum ever, but this one is real important; that the short end of the stick was Jack Drago when he indicated that he had a major problem with the appointment of a Fire Chief, and there 3/4/92 Page 6 AGENDA ACTION TAKEN ........... 338 Reconsideration - Continued. were three persons that did not have a problem with the appointment - there were not four people opposed to that, it was the short end of the stick that started all of this and she wanted that on the record; yes she was hoping there were people out there that were concerned about what was taking place, and there were, and people were concerned and wanted to examine this further and the referendum was successful; and she felt there was a lot of license being taking with those remarks. Mrs. Smith stated that Mrs. Teglia was taking license, and she felt it was unworthy of her to keep referring back to Jack Drago and the Fire Chief appoint- ment. She stated that the question was on the job credentials of that position and the way they were interpreted and the hiring process; and for her to keep going back to that and chewing it up and chewing up that Councilman was unworthy of her. She stated that she would debate Mrs. Teglia in an open forum on the interpretation of that job credential any day of the week. She stated that one of the meeting tapes Mrs. Teglia had read that job credential and kept referring to the equivalency of the AA, and there is no equivalency - the equivalency was to the BA. Mr. Paul Tognetti, 849 Olive Ave., stated that we have a question here to vote on and one person got up here and gave her personal opinion, which she is entitled to, that is the right of free speech. He continued, however, when she makes accu- sations that are not only her personal opinion and not supported by fact, then someone has to say something. He spoke in detail of circulating the petitions, speaking to people, and that ni,e out of ten signed the petitions. He stated that he happened to know more about the Fire Dept and had worked and slept with Jack Drago 24 hours a day as a fireman, but sometimes his emotions 3/4/92 Page 7 A G E N DA A CT I O N T AK E~ 33~ Reconsideration - Continued. overrule his sound judgment. He stated that Roberta had said earlier that this here would never have happened, it should never have been dragged here in the first place and should have been done behind closed doors. He stated that it had been dragged out here and the fireworks started, and now we have reached the point where we have the petition, so you either act legally with the Attorney or whatever but don't beat a dead horse. He spoke of it being like the old Russian dictatorship policy to shoot up the vote, and seal up the ballot. He stated that the Council had the referendum, it passed, so let's get on with it and don't let the personal opinion of one woman interfere. He stated that he would be glad to debate with facts, rather than just a personal opinion. He suggested getting on with it and cut out the knit picking, and stop these insults and act like grown up people. Councilman Drago stated that Mrs. Smith was one of the few people who had gotten to the microphone and stated the facts and the issues, and not brought per- sonalities into it. He stated that he had researched the ordinance and felt the public should know some facts: the ordinance had only been in effect for five years; that the minu- tes of the meeting, and it took four meetings before it was adopted, Mayor Addiego stated that unless there was a recognizable problem, a need or justifi- cation for change, he was not enthu- siastic over this ordinance; Councilman Haffey stated he was disappointed because he was prepared to compromise on this ordinance, and was prepared to have a ratification by the Council -- exactly what we are talking about today; Mayor Addiego stated that after speaking with the consultants who were looking to hire a city manager - that was when he was ready to stay with the ordinance the way it was written -- this is how this came about. 3/4/92 Page 8 AGENDA ACTION TAKEN ,- 340 Reconsideration - Continued. He stated that Councilwoman Teglia had dragged this thing into a personality clash, it's a game to her, and he was not going to fall into that game and was going to stick to the issues to serve this City, to govern this City because he was the one held accountable. He stated that he was not afraid to be held accoun- table, and he preferred it be on the ballot but was sorry the City had to spend the dollars. He stated that he was also open to deba- tes with facts and lay off the buzz words in the papers, and was tired of every time an issue didn't go Mrs. Teglia's way - it's pay back time, and he wanted her to explain what that meant. He stated that this ordinance had not been in effect for one hundred years, only five and it had taken four meetings to effect the ordinance. He stated that Mrs. Teglia had said in those minutes that she did it reluctantly, and the third vote had been because of the con- sultants who said it would make it easier to get a city manager if they changed the ordinance; and it never went before the community. He stated that every time he gets attacked personally he was going to come back with the truth and we will see whose integrity and credibility was valid. Vice Mayor Teglia stated she did not think it was a game, but was a tragic set of circumstances. She stated that there was a time that the Council dealt with policy and matters of importance such as the budget, BART, and instead were mucking around with how to hire people, etc. She stated that five years ago the Council knew the power they held in their hands and knew the rotten reputation that was embedded in cement, and were told by the firm that to search for a qualified professional to come to the 3/4/92 Page 9 AGENDA ACTION TAKEN. 341 ' ~. Reconsideration - Continued. City, they needed a city manager form of government where he was held responsible for the actions of those below him. She continued, unless that was in place we would not get decent candidates. She requested that the Council get back to governing this City at this time by reconsidering that ordinance. She stated that there was no need to take away the powers of the City Manager, there are no other department heads up for replacement and we have time to study and act deli- berately because this was tearing the fabric of the Council of this government apart. Councilman Drago stated that Councilwoman Teglia was asking us to rescind the pre- vious action, and he wanted to refer back to the referendum petition of 1985 with 3,000 valid signatures wherein she said she could not support rescinding the action because the matter should be put before the people. Mr. Donald Arndt, 319 Spruce Ave., stated that he was against the Council doing the hiring and firing, had voted for all of the Council except John, and wanted Council input but not a final decision on who provides important services to our City. He stated that it was clear that he could not vote for the City Manager, he is not accountable to me - you are. He stated that if he had a concern or an opinion it was the Council he would bring it to for discussions among themselves and in closed session if allowed that opportunity to do so. He questioned where one drew the line so we have a city manager run type of government and the point where the Councilmembers get involved and then get out of the process. He stated that it was a problem that needs fixing - not arguing. He stated that you do not go about it by making waves and polarizing the City; you don't get it by getting signatures; you also don't do it by lying 3/4/92 Page 10 ^GEND^ ^CTION T^KE,. 342 Reconsideration - Continued. - we are going to lose our Fire Chief, we are going to go back to the old days where decisions were made in the back room and coffee shops -- that is all baloney. He questioned who had done the influencing anyway - procedures were on the books that were abused and not followed and attempted to be swept under the rug; what was supposed to work didn't, and that was what he was angry about. He stated that what was supposed to work didn't - someone was out of line and dictated their policies over and above the Council I voted for and we are all stuck between a rock and a hard place now. He stated that the previous ordinance didn't work, the current one doesn't work, and it is obvious that the current one could be abused. He stated that other cities have ordinance that work, and we have to start by getting one that is a lot closer to working and has to include the Council. He stated that his challenge to the Council was to get it right - don't fight. Vice Mayor Teglia stated that she agreed with Mr. Arndt, however, that took a group like this to sit and talk it out, but when you adopted an ordinance you only have 30 days before it takes effect and you have to get the signatures. She stated that she would like to have the Council rescind the ordinance, leave it in place, at the end of the year the Council could pass that ordinance again and in that year they could study other ordinances, have study sessions with con- sultants, and see what was needed. She stated that in reference to lying, various Councilmembers had made state- ments that they had chosen to forget, and refuted the issues of lies being told about the Fire Chief being fired and felt 3/4/92 Page 11 AGENDA ACTION TAKEN Reconsideration - Continued. the only thing protecting him was the former ordinance and the City Manager's contract. Mr. Arndt stated that he had heard all of the Council say that the Fire Chief's job was secure, and he trusted all of them, and he did hear people say we would lose the Fire Chief. Mr. Jim Claar, 717 Circle Court, stated that Councilman Drago had mentioned the cost of the election, yet the way he understood this the election would be consolidated with the countywide election and the cost would be minimal - no any $30,000.00. He stated that the School Board special election only cost $11,000- $12,000, so he wondered where the $30,000 was coming from. Councilman Drago stated he had received his figures from the City Clerk and asked her to respond. City Clerk Battaya stated that she had given an estimate to anyone who asked, and understood that Councilwoman Teglia called Warren Slocum's Office today and had been told it is a maximum of $16,000, and could be as low as $11,000 which was also her projected figure. She stated that costs for a special election had been projected by looking at the 1981 election with an one item issue at a cost of $24,000, and figuring a 30% escalation per year, $30,000 was a conservative figure. Vice Mayor Teglia stated she did call Mr. Slocum who said the printing cost was some 50~ per registered voter, and could be as low as $11,000, and as high as $12,000-13,000. She stated that she did not question that a special election could cost $30,000.00, and felt this was a process in this country where voters could speak out on something that might affect them for a number of years. She spoke of decisions made that had cost a lot of money for a lot of years, and as 3/4/92 Page 12 AGENDA ACTION TAKEN- 344 Reconsideration - Continued. a result did not feel that spending $16,000 was out of line. She stated that the Council did not have to spend a dime - it could take other action. Councilman Fernekes stated that Council had adopted the ordinance in January, and had said they would come back with a policy in selection, evaluating, and had no intention of firing department heads, but would be part of the process and have input. He stated that was very clear in the resolution, a policy for the public to see, that it would be fair in all areas with City Manager recommendations, and no one would be fired. Vice Mayor Teglia stated that Councilman Fernekes should talk to some of the mem- bers of Council and make sure they are on the same party line - who were running around right now indicating department heads who are going; and could even men- tion the department head mentioned in the conversation, but didn't feel that would be fair to that person. She stated that a resolution was just a policy, just that, it has no force or effect and Council does not have to follow it. Councilman Drago questioned the Attorney if that was true, that a resolution had no force or effect, and we don't have to abide by them. City Attorney O'Toole stated that what Councilman Teglia was referring to was that there is no criminal penalty attached to it and no financial penalty, but Council was obligated to the policies it sets and if it wishes to change it then it should be by resolution. Mayor Penna stated that the Council had changed the ordinance and set a proce- dures, so it is not a policy. City Attorney O'Toole reiterated that a resolution was a policy. Councilman Drago stated that the old 3/4/92 Page 13 AGENDA ACTION TAKEN~' 345 Reconsideration - Continued. ordinance, prior to 60 days ago, was modified by the City Manager's agreement where he gave up a portion of his power about 12 months ago when the agreement was changed to indicate the 4/5 veto by the Council and superseded the ordinance in force. City Attorney O'Toole stated that it did not supersede the ordinance, it modified it, and this happened often when the ordinance was general in nature and the Council would enact enabling legislation; an example was the personnel ordinance. Councilman Drago questioned, that if the existing ordinance stays on the books, then the City Manager has complete authority to hire and fire. City Attorney O'Toole stated that if he was talking about the Council delegating authority - yes, this was done all the time. Councilman Drago stated that the resolu- tion now steps into play beyond the ordi- nance, and the Manager had to comply with the requirements. He stated that in the resolution had the Council involved with the top three candidates and the City Manager's recommendation. City Attorney O'Toole stated that the resolution was a policy which the Council sets in numerous areas all the time. He stated that the Council adopts an ordi- nance, and then a resolution to implement the policy rather than use the ordinance which make it a law and inflexible. Mayor Penna stated that Councilwoman Teglia had said that three members of the Council had no problems with the appoint- ment -- that was not true, he did have a problem. Vice Mayor Teglia called the Mayor a liar. Councilman Drago stated that 3/4/92 Page 14 AGENDA ACTION TAKEN. 34G Reconsideration - Continued. Councilmembers were being belittled con- tinuously, and felt that a member should be censored for these remarks. Mayor Penna stated that he wanted to make it clear that he had problems with the hiring of the Fire Chief and had several questions he had written, and was told that there were not four members that would oppose that appointment. He con- tinued, so he did not pursue it until they had gone to a closed session and found there were four members - and therein lies the problems. He stated that he had repeatedly said from the podium that no department heads had anything to worry about in their job, and he wanted that communicated to the staff to let them know that their ser- vices were appreciated. He felt that was very important in view of the comments stated tonight. He stated that it had been said that its a rotten position for the City to be in, and it didn't make any sense to him to circulate a petition for a referendum and then say you want to negotiate. He stated that Mr. Arndt and others had said that it was a question that has to do with - do you want your elected officials to run the City and set policy or do you want us to be tied to a rigid rule and cannot dictate policy necessary to run the City. He continued, that left the Council with two alternatives: to fire the City Manager, and that is extreme, or control the budget and that makes it difficult because if we have no contact with the dept. heads and have to rely on the City Manager with regards to the budget we are lost as to confirming figures that are given, and the items to be cut. He reiterated history of past City Managers Birkelo and Lewis and the search conducted to hire a new manager, and one of the finalists was Mr. Armas, and two Councilmembers went to Mr. Armas 3/4/92 Page 15 AGENDA ACTION TAKEN Reconsideration - Continued. 347 and said he would be hired without the concurrence of the other three members of Council. City Manager Armas stated that that was absolutely untrue. He stated that Council made a decision and communicated that, to the consultant acting in their behalf, and conversations were limited to the consultants and he had no contact with the Council outside of the formal interview process. He stated that in 1988 following Mr. Lewis leaving the City a delegation was sent and then only did conversations take place. Discussion followed: that Mr. Lewis had been hired as City Manager; there was an article in the newspapers that dealt with a controversy 12 months previously over the appointment, etc. Vice Mayor Teglia stated that the delega- tion was supposed to be she and the Mayor, but the Mayor had hemorroids, and this was at the direction of the full Council to ask the person who was a high contender nine months before if he was still interested; and prior to that time had not met with Mr. Armas. She stated that the offer of employment to Mr. Armas was a unanimous decision by the Council because they had spent a lot of money nine months before on the recruitment, and Mr. Armas was receptive. Councilman Drago stated that he just found out who gave him the hemorroids. City Manager Armas stated that he would appreciate it, if these innuendos were going to continue, that there be some extensive research made in order to have a positive footing for the assertions. Mayor Penna stated that it did not make sense to him to have a member of the Council to do a referendum to protect the Manager's position as a City Manager and then turn around when we are ready to certify it and put it on the ballot to 3/4/92 Page 16 -. 348 AGENDA ACTION TAKEN Reconsideration - Continued. have the public make a decision binding on the Council and then come and try to negotiate. Vice Mayor Teglia stated that this was being done for the next city manager, because Mr. Armas was going to go because this was an impossible situation all the way around. Mayor Penna stated that if the public votes the referendum in the Council would not have a process and have a say or participation in the hiring process. He stated that if the public wanted that he would abide by it, but the public needs to understand that if the process goes in we will be handcuffed in making any cri- tical decisions. Vice Mayor Teglia stated that was wrong, and the only areas it dealt with ere the personnel practices of the City, and keeps the political policy making body out and not recommending their buddies for jobs. She stated that during the circulation campaign we had people out there cir- culating petitions that got phone calls that said if they had relatives in the City they better watch out if they signed the referendum. She stated that they were talking about the City Council getting involved not only with the dept. heads, but influencing the action in the City. She stated that the Council belonged making policy. Mayor Penna stated that the Council had not been involved and there had been a veto power only on dept. heads, and the process was not followed. He stated that four of the Council were saying that the process was not followed and had voted for a resolution to clarify the contract so there were no questions later which Roberta disagreed with and brought it to a referendum. Vice Mayor Teglia stated that the 3/4/92 Page 17 AGENDA ACTION TAKEN e Reconsideration - Continued. Resolution calling a Special Election to be consolidated with the 6/2/92 Primary Election on the Referendum£~O Against adoption of Ordinance No. ~ 1110-92. A RESOLUTION CALLING A SPECIAL ELECTION TO BE CONSOLIDATED WITH THE JUNE 2, 1992 PRIMARY ELECTION ON A REFERENDUM AGAINST ORDINANCE NO. 1110-92 PASSED BY THE CITY COUNCIL CONCERNING THE POWER TO APPOINT DEPARTMENT HEADS BY THE CITY COUNCIL TO BE SUBMITTED TO 343 referendum addresses the ordinance, not the resolution, and if the referendum passes it means that the Council is the policy making body with a city manager form of government where he does the hiring and firing. She stated that there was a process and the Manager didn't just go out and hire a Fire Chief. Discussion followed in the debate: if the referendum passed the resolution would not be in place, and Council would not have participation in the hiring and firing process; if the referendum passes the City Manager can appoint his secretary as Fire Chief because there are no qualifications he has to abide by; currently there is a contract with the City Manager that allows a 4/5/ veto by the Council, but if there was not a meeting, the Council could not exercise a veto as had happened; there were qualifi- cations in the job specifications that the Manager should follow; whether district elections, term limits or other measures could be added to the ballot; that the timing was not sufficient to add items because the deadline was Friday, and those item were not on the agenda; that it was a shame people had to call others names to get their point across. Motion by Vice Mayor Teglia - To repeal Ordinance No. 1110-92. Motion dies for lack of a Second. M/S Drago/Fernekes - To adopt the Resolution. RESOLUTION NO. 18-92 Vice Mayor Teglia stated that she would vote aye because her Motion to rescind the ordinance had failed. Carried by unanimous roll call vote. 3/4/92 Page 18 AGENDA ACTION TAKEN,, 350 Be Resolution - Continued. THE VOTERS OF THE CITY OF SOUTH SAN FRANCISCO Resolution calling for election t#O~ services from the County Clerk m-, for the 6/2/92 Special Election. A RESOLUTION REQUESTING COUNTY CLERK OF SAN MATEO COUNTY TO RENDER SPECIFIED ELECTION SERVICES 1. Closed Session - Continued. RECALL TO ORDER: ~DJOURNMENT: M/S Drago/Fernekes - To adopt the Resolution calling for election services from the County Clerk. RESOLUTION NO. 19-92 Carried by unanimous roll call vote. Council adjourned to a Closed Session to continued the previous discussions at 8:40 p.m. Mayor Penna recalled the meeting to order at 9:15 p.m., no action was taken. M/S Fernekes/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 9:15 p.m. RESPECTFULLY SUBMITTED, ~ttaya~ City of South San Francisco Zltrh~? Peni~q~ Mayor City of~an Franci SCO 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. 31419~. Page 19