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HomeMy WebLinkAboutMinutes 1992-04-22 Mayor John R. Penna Council: Jack Drago Joseph A. Fernekes Gus Nicolopulos ---Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room April 22, 1992 042 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 22th day of April 1992, at 6:30 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotiations and litigation. ~attay~rk City of South San Francisco Dated: April 16, 1992 AGENDA ]ALL TO ORDER: (Cassette No. 1) ROLL CALL: Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotiations and RECALL TO ORDER: ADJOURNMENT: ACTION TAKEN 7:04 p.m. Mayor Penna presiding. Council present: Council Absent: Drago, Fernekes, and Penna. Nicolopulos, and Teglia. Council adjourned to a Closed Session at 7:04 p.m., to discuss: S.S.F. vs. Valencia Bros. pursuant to GC 54956.9(a); To determine if litigation should be initiated based upon facts in memo from City Attorney pursuant to GC 54956.9(c); Property negotiations regarding Oyster Point Interchange Right-of-Way Acquisition pursuant to GC 54956.8. Mayor Penna recalled the meeting to order at 7:35 p.m., all Council was present, no action was taken. M/S Fernekes/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:35 p.m. 4/22/92 Page i AGENDA ACTION TAKEN 043 ~ESPECTFULLY SUBMITTED, Barbara A. Battaya, City~lerk City of South San Francisco na, MaYor~'--- th San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 4/22/92 Page 2 Mayor John R. Penna Council: Jack Drago Joseph A. Fernekes Gus Nicolopulos !"--'~oberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION: PRESENTATIONS Proclamation - Community Development Block Grant Week April 20-26, 1992 Proclamation - American Lung Association's 20th Annual Clean Air Week and Don't Drive Alone Day - May 2-8, 1992 ~-~ ~ Proclamation - Older Americans Month May 1992 ~"o~ AGENDA REVIEW City Manager Armas Requested: - Continue Item No. 7 to the next meeting in that there was not a quorum to vote on the matter due to Mayor Penna's conflict with the downtown area. MINUTES City Council Municipal Services Building Community Room April 22, 1992 O44 ACTION TAKEN 7:46 p.m. Mayor Penna presiding. Council present: Council absent: Drago, Fernekes, and Penna. Nicolopulos, and Teglia. The Pledge was recited. Rev. Lendi, St. Veronica's Catholic Church, gave the invocation. PRESENTATIONS Mayor Penna read the Proclamation aloud, and presented it to Ms. Gloria Maltoni of the Downtown Commercial Rehabilitation Committee. No one was present to receive the Proclamation and it was not read. Councilman Drago read the Proclamation aloud and presented it to Mr. Dag Alholm from the Commission on Aging. AGENDA REVIEW So ordered. Councilman Drago stated that if tonight was an example of what may occur in the future with a four member Council until an election is held, and there being too many issue on the books right now, maybe later we can discuss consideration of filling the vacant Council seat. He 4/22/92 Page I AGENDA ACTION TAKEN 045 --AGENDA REVIEW Mayor Penna stated Requested: - Continue Item No. 10 in consid- eration of Vice Mayor Teglia's absence. ORAL COMMUNICATIONS AGENDA REVIEW stated that one could see right now that business will come to a halt if this con- tinues, contrary to items in the newspaper. So ordered. City Manager Armas stated that the Vice Mayor did submit a request that the item be continued because of a family illness. Councilman Drago questioned if the City was under time restraints on the URM buildings, and we should inform people when this comes up again with Councilmembers absent, because some come with their lawyers and it is expensive for them. City Manager Armas stated that he had learned late this afternoon about the Vice Mayor, and was not in a position to do that, but would in future. ORAL COMMUNICATIONS Mayor Penna stated that he wanted to stay with the policy of speakers only iden- tifying themselves by first name. Mr. Bob Stevens, 2435 Tipperary, suggested reconsidering the first name identification and not continue it because he thought it was ludicrous. He stated that he was saddened to hear of Councilman Nicolopulos' resignation, he stated that Gus had given a lot to the City, and the City had taken a little toll on him as well, and he would be a hard man to follow. He questioned if there was an ordinance to cover this type of thing. City Attorney O'Toole stated that provi- sions concerning replacement of a coun- 4/22/92 Page 2 AGENDA ACTION TAKEN 046 )RAL COMMUNICATIONS ORAL COMMUNICATIONS cilman who resigns or leaves the Council from some illness are set forth in the State Code and allows cities and other governing boards to adopt ordinances which would give them different types of options for replacing the councilman other than an election or an appointment directly. Mr. Stevens stated, then a safe assump- tion would be that there is in place the means of accomplishing getting a replace- ment on board. He stated that he hoped that the Council would consider and appoint in Gus' place the third runner-up in last November's election to be the interim appointee to fill out what was left of his term. He stated that the voters had spoke in the last election, and the results were close, and urged the Council to make that appointment. Mayor Penna stated that there could be confusion with just a first name and with the concurrence of Council would request first and last name be identified by the speaker. Councilman Drago stated that he felt that the Mayor had acted properly based on the information he had that night, and saw nothing wrong, and he did not like to see the Mayor criticized given the information he had at that point of time. Councilman Fernekes stated that he did not have a problem. Mayor Penna stated that he had the Clerk call other cities to ask their practices in speaker identification, and some require name only or name and town, or no name and get up and speak, and no one under the Brown Act has an obligation to sign in so he understood. Mrs. Maggie Pierson, Art Rise, stated that a new production opens Friday, 4/24/92 and would run through 5/3/92. She 4/22/92 Page 3 AGENDA 3RAL COMMUNICATIONS O47 ACTION TAKEN ORAL COMMUNICATIONS stated that the play was The Effect of Gamma Rays on Man in the Moon Marigolds, and invited everyone to attend and sup- port their community theatre. Ms. Diane Smith, 3900 Crofton Way, stated that she would like to continue on questions asked at the last meeting. She stated that at the last meeting after the speaker's comments and questions regarding the infamous Planning Commission letter and the action that precipitated that letter, Mayor Penna stated that oral communications was set aside for the public to state views and not debate Council or staff. She con- tinued, questions and remarks will be duly noted and staff will respond at the next meeting. She stated that Mr. Armas said he needed to respond now, and Councilwoman Teglia said she wanted to responded when he was through. She stated that the Vice Mayor's comments were to draw Councilman Drago into the discussion which Councilwoman Teglia ini- tiated; and she continued to relate the previous meeting's conversation. She stated that after she posed questions, Councilwoman Teglia, who pri- des herself on being with the Conference Center since its inception, had no com- ment nor did the City Manager. She stated that there seemed to be some kind of pattern of a selective need to respond here. She stated that she did not know if what the Mayor said was a courtesy, but if it is a rule it is un- evenly applied, and staff can speak when it is to their advantage and can remain silent when they don't. She felt that the City Manager should have responded to any of her questions on the Conference Center he could have that evening. She asked that those questions be answered now, and she proceeded to reiterate those questions from the last meeting. 4/22/92 Page 4 AG E N DA A C T I O N TAKE N~ 048 JRAL COMMUNICATIONS ORAL COMMUNICATIONS Mayor Penna stated that in his two years on Council the policy has been to listen to a speaker, but not respond at that time. He felt that Mrs. Smith was correct, and asked the City Manager to respond on the policy. City Manager Armas stated that he had not read the Council handbook, but agreed that the practice had been inconsistent because there have been instances where the Council did respond to a speaker at that moment. He stated that in part, he thought, for fear the information being conveyed to the public may not be complete, and in other instances the Council had not commented and deferred to a later date. He proceeded to respond to Mrs. Smith's questions: with respect to the Radisson, the City did not enter into a formal lease agreement, but did extend to the Radisson owner the opportunity to use the building since it was vacant; the City received the sum of $1,000.00; the City did not give the authority to anyone to use the parking lot; when the City detected that people were using it, staff had a fence installed on the perimeter to prohibit access to the lot; no hotel other than the Radisson approached the City to use the building. Mayor Penna questioned if when the $1,000.00 was paid - was there a collec- tion problem. City Manager Armas stated that the owner had an obligation, and met that obliga- tion, and the use of the building was for a few weeks or a few months to store surplus furniture. Councilman Drago questioned if the City was aware before the fact that the storage would occur or after the fact and called for rent. 4/22/92 Page 5, AGENDA ACTION TAKEN 049 - ]RAL COMMUNICATIONS ORAL COMMUNICATIONS City Manager Armas stated that his recollection was that there was a request to use the building. He stated that he did not know if there had been an auction. Mrs. Smith stated that the monthly lease was $25,000, and the City Manager did not know how long the Radission used the pro- perty because it was an informal arrangement. City Manager Armas stated that it was a long term lease and it reflected the entire property. Mrs. Smith stated that the Manager did not know how much of the property was used, then he really had no way of knowing what should have been collected or if the $1,000 was an appropriate figure or not. City Manager Armas stated that any of the commercial storage places would not have paid the amount received. Mayor Penna stated that the point here was that the $25,000 fee we are paying for the Center is for the building and the parking lot, and the possibilities for renting that building out in the interim, and it would have been prudent for the City to investigate a proper revenue for renting out the building. He stated that short of doing that there is an appearance that possibly something else transpired here. Councilman Fernekes asked the City Manager when the $1,000.00 was received, and when he did not know, asked that the information be forwarded to Council from the Finance Director. Councilman Drago felt that a policy should be set for a response time from staff to be at the next meeting and apply that consistently, but he realized 4/22/92 Page 6 AG E N D A AC T I O N TAKE I~ 050 -RAL COMMUNICATIONS ORAL COMMUNICATIONS that they could not restrict a Councilmember from responding to any speaker. He stated that Department Heads should not respond at the time without investigating the matter, and would be speaking off the top of their heads and are liable to exposure. Mayor Penna felt that was appropriate, and staff should respond at the next meeting. Mrs. Irene Mann, 107 Fir Ave., commended Mayor Penna on the way he handled a very difficult situation at the last meeting. She stated that it was handled extremely well because when people had confidence enough to come up and express their opi- nion on controversial issue, for it is not easy for people to appear before a live audience and get mike fright, and felt this gave them a lot of confidence. She stated that she hoped that this Council would soon be able to appoint to fill the seat of someone we are all going to miss sincerely. She stated that it was demonstrated tonight that it was very difficult without a full house, and an appointment should be made without a pro- bationary period, without the person having to face an election, because the electors had confidence that you are going to select a person who is fitted for the job that you can work with. She stated that the elected Councilmember did not have to go through a probationary period, and she believed that a person could be appointed, serve their time, and establish themselves in this community as one of our well esteemed councilpersons. Mr. Tony Khorozian, 116 Aptos, expressed concern over people who keep coming for- ward and criticizing one or two Councilmembers, and felt that was not right and they should only come forward with good words. He stated that he was proud of this City and this Council. 4/22/92 Page 7 AG E N DA AC T I O N TAKEN. DS1 '--~RAL COMMUNICATIONS ORAL COMMUNICATIONS He stated that he had called the Italian Consul about this issue, and felt these people should find a job and spend their energies there. He stated that the people should not come forward to point fingers and act like the FBI. He stated that we have many problems, and the Council had to get someone in and take care of the City. He stated that if people had problems they should put it in writing and the Council could discuss it behind closed doors. He stated that Councilman Nicolopulos was good and had done a good job for many years, and if the third runner up was good, and is fair to the Council, they can appoint and get the business done. He stated that the person, everytime, came up with the same music, and he felt enough is enough, because this is a disgrace. Mayor Penna stated that this is a free society where anyone could address the Council, express their desires, wishes, frustrations, and their thoughts, and the Council listened to what the people had to say. He stated that it wasn't so much as an attack on Council, but was an indivi- dual's right to be able to express their thoughts just as Mr. Khorozian had done. He stated that it was important to keep those lines of communicataions open or it would not be a free democracy. Mr. Alan Askar expressed his appreciation for the many years of dedicated service form Councilman Nicolopulos, as well as having given many years of service as a police officer. He stated that he had nothing but respect for a person that would take that risk and that challenge. He stated that Councilman Nicolopulos should be commended for that life long dedication to S.S.F., and he wanted to thank him presonally. 4/22/92 Page 8 AGENDA ~'-'-3RAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR 1. Motion to approve Minutes of the Special Meeting of 4/8/92. 2. Motion to confirm expense claims of 4/22/92. 50 ! Resolution approving plans and specifications, and advertising bids for the 1991-1992 Street Resurfacing Program. ~o A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE 1991-1992 STREET RESURFACING PROGRAM me Resolution approving plans and specifications, and advertising bids for the Willow Gardens Walkway Repairs. ~o~ A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE WILLOW GARDENS WALKWAY REPAIRS Resolution approving Foothill Estates Final Map, accepting offers of dedication, approving Subdivision Improvement Agreement, and authorizing recordation of Final Map and related documents by ACTION TAKEN 052 ORAL COMMUNICATIONS He spoke of the Council with a limited number of members available, and his per- sonal choice for an appointment was a person who had run for the seat and had done very well, and had wide support in this community. He stated that Mr. Dell'Angela was well versed in working with matters of policy and public works, and he recommended him to the Council. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. Approved in the amount of $1,221,990.00. RESOLUTION NO. 35-92 RESOLUTION NO. 36-92 4/22/92 Page 9 - 053 ACTION TAKEN AGENDA -" CONSENT CALENDAR 5. Resolution - Continued. the Clerk. A RESOLUTION APPROVING THE FINAL MAP ENTITLED FOOTHILL ESTATES SUBDIVISION MAP AND AUTHORIZING RELATED ACTS ADMINISTRATIVE BUSINESS 6. Motion to authorize transmittal of City comments regarding BART environmental documents. ~-'~ CONSENT CALENDAR RESOLUTION NO. 37-92 M/S Fernekes/Drago - To approve the Consent Calendar. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Director of Economic & Community Devel- opment Costello stated that the environ- mental documents became available at the end of March, and the 45 day review and comment period ends May 4th. She stated that public hearings will be held next week with the Agency hearings on Tuesday and Wednesday, and on Thursday at 7:00 p.m. in S.S.F. She stated that the comments had been put together in two phases, one being the comments in the staff report, and a letter that also contains those comments which will be presented at the Agency hearing on Tuesday. She stated that staff would continue working on detailed technical comments up until the final submittal date. She stated that the staff report high- lighted the major deficiencies which would be supplemented, and found it par- ticularly deficient in describing the at- grade alternative that was proposed in January for the section between Mission and Chestnut. She stated that there was no quantitative data in the document on environmental impacts which she described in detail. She stated that they also found deficien- cies in the retained cut alternative in reference to noise impacts that were not addressed, as well as impacts on the 4/22/92 Page 10 AGENDA 'SONSENT CALENDAR 6. Motion - Continued. ACTION TAKEN 054 CONSENT CALENDAR mobile trailer park. She stated that the major deficiencies were in the areas of noise, vibration, traffic and visual impacts. She recommended that Council authorize the letter that defined the inadequacies which reinforces the desirability of the subway alternative that has fewer impacts, and is better documented. She stated that 1,200 notices had been sent out to the public in response to Council direction. She described in detail meetings with the Transportation Subcommittee, staff, and the consultants on financing issues; what kind of new revenue could be developed directly along the corridor; potential for a redevelopment agency in the area would bring $1,000,000-$2,000,000 a year with a Hickey Blvd. station; McClellan Nursery would be annexed to the City; looking at regional funding sources, and the Airport picking up a lot of the cost; looking at the cost estimates that BART had developed that were inflated; the criticalness of the need for a subway in S.S.F.; difference between a trench and a subway costs were inflated; at Spruce the subway was less critical because it was a commercial area; looking at the south of Spruce to Tanforan station being at-grade which would save $20,000,000-$30,000,000 and would offset the cost of a subway throughout the rest of the City, etc. Councilman Drago stated that he would like to see all this information available at both libraries for the public because it was very specific. He stated that it was very important and necessary for a consolidated effort from the cities, and still satisfy each of the cities concerns. He stated that Friday morning would be a critical meeting, and he felt comfortable in the consultant's numbers on the subway vs. at-grade. 4/22/92 Page 11 AGENDA - "~DMINISTRATIVE BUSINESS 6. Motion - Continued. ACTION TAKEN 055 ADMINISTRATIVE BUSINESS Councilman Fernekes stated that this week and last week had been very productive, and staff and the consultants had worked very hard in proving their worth many times over in coming up with cost alter- natives that are viable. He stated that Friday they have a meeting with Supervisor Nolan, a member of BART, and A1Teglia from MTC. Mayor Penna questioned if the meeting at the MSB required the attendance of Councilmembers. City Manager Armas stated that the impor- tant meeting for Council was the Millbrae meeting which would be in the afternoon, and he had asked the Transportation Subcommittee to attend in Council's place, and the other hearings were intended to provide input for the public at large. Mayor Penna stated that he would attend that meeting. City Manager Armas stated that he needed Council's confirmation on the concept of a redevelopment agency, so that when the Subcommittee meets they can say the Council is receptive to that. He stated that the other thing was whether the Council was willing to consider the Spruce alignment at-grade because it would reduce the deferential by a third to a half. He stated that lastly as a result of the meetings he had drafted a letter that could be submitted to the Policy Committee for consideration, and if approved it would go out over the Mayor's signature, and obviously the other cities would look at it and make modifications. Discussion followed: that the redevelop- ment agency being formed was critical to meet the revenue sharing with the Board; that the area of south Spruce was commer- cial and would not impact homes, and could be at-grade and a subway from 4/22/92 Page 12 A 6 E N D A A C T I O N T A K E N 056 ~DMINISTRATIVE BUSINESS 6. Motion - Continued. ADMINISTRATIVE BUSINESS Spruce to Mission Road; that the Subcommittee had agreed to south Spruce being at-grade to Tanforan, as well as transmittal of the letter and it was believed the other cities would also sign the letter to show unity on the BART issues; that the Subcommittee could say that this was a unanimous vote of the Councilmembers present at this meeting; that once the line goes under Spruce it has to come up because of the sewer lines; the subway was a retained cut with a roof 30' deep, maybe with a slab roof of concrete that gives the City the potential of a lineal park, develop- ment above it; that it would be out of view of the residents, and noise would be down; that San Bruno was not in a posi- tion of revenue sharing, but would sup- port the passenger facility charge so the Airport will pay for everything if the money comes into the Airport from the PFC; that San Bruno did not want their downtown divided, and where it became critical is when it leaves Tanforan; San Bruno has no objection to an at-grade configuration from south Spruce to Tanforan with a surface station in their City; the cities were in agreement that the Airport should contribute to the cost of the extension through a PFC; that the consultant was working with both cities, and felt that an at-grade from Spruce to Tanforan does not create division and enhances our case for a subway; if a vote takes place at the Roundtable on the PFC should the Mayor vote affirmatively for the Council; that the PFC had to be approved by the FAA after determining that the noise regulations are consistent with Federal law and on conditions for aircraft which are more stringent by Airport standards; PFC funds could be used by Airports for improvements, however, the FAA must make the determination that any noise regulations imposed locally are consistent with Federal regulations; that the City should express a willingness to look at a PFC, not compromise the noise 4/22/92 Page 13 AGENDA ACTION TAKEN 05'7 --~DMINISTRATIVE BUSINESS 6. Motion - Continued. Unreinforced Masonry Building ~0~ Ordinance update; Motion to accept the report and provide direction to staff. UBLIC HEARINGS Be Public Hearing - Conduct Public ~ Hearing; Motion to waive reading and introduce ordinance on for- mation of the Airport Boulevard Underground Utility District No. 2; Motion to waive electrical permit fees for electrical modifications required on private buildings due to undergrounding of utilities. AN ORDINANCE ORDERING REMOVAL OF OVERHEAD STRUCTURES, WIRES AND FACILITIES AND INSTALLATION OF UNDERGROUND WIRES AND FACILITIES IN THE AIRPORT BOULEVARD UNDERGROUND UTILITY DISTRICT NO. 2 ADMINISTRATIVE BUSINESS insulation objections outlined, and seek to have a better delineation on the dif- ferences such as how Stage III aircraft would interfer with the program; the FAA was looking at this, and they supply 80% of the funding for the program; City should concentrate on BART, and stay out of a Roundtable vote until more infor- mation was derived, etc. M/S Drago/Fernekes - To authorize transmittal of City comments regarding BART environmental documents; in favor of a redevelopment area, at-grade from south Spruce to City limits, and the letter from the four cities. Carried by unanimous voice vote. Continued to 5/13/92 meeting under Agenda Review. PUBLIC HEARINGS City Clerk Battaya read the title of the ordinance in its entirety. Mayor Penna opened the Public Hearing. Director of Public Works Parini stated that the utility company would remove the overhead wires and the poles along Airport Blvd. from Grand Ave. to Hillside Blvd. He stated that the Capital Improvement Budget included funds to install street lights with underground wires, which could be coordinated with the District, and connect the property owners' new boxes for the underground service. He stated that if the project moved forward then the financial respon- sibility would be on each property owner. He stated that protest letters had not been received on the formation of the district. Mr. Peter Griffith, PG&E, stated that 4/22/92 Page 14 AGENDA ACTION TAKEN 058 ]BLIC HEARINGS Public Hearing - Continued. ITEMS FROM COUNCIL 9. Oral Committee reports. PUBLIC HEARINGS his firm would begin the work in June, would finish with substructures in Oct. 1992, and cable pulling, installation of facilities, and removal of all existing poles could possibly take until February 1993 because the work was lengthy and the efforts would be delayed by weather. Mayor Penna stated that there was concern for existing businesses and how long they would be without parking on the street. City Manager Armas stated that in a matter of weeks staff would bring forward an award of contract, and would supply information on the schedule, as well as the impacts to the area. Mayor Penna closed the Public Hearing. M/S Drago/Fernekes - To waive reading and introduce the ordinance. Carried by unanimous voice vote. M/S Fernekes/Drago - To waive electrical permit fees for electrical modifications required on private buildings due to undergrounding of utilities. Carried by unanimous voice vote. ITEMS FROM COUNCIL Mayor Penna stated that he wanted a better speaker system for the Council which he had seen other Councils use without having to speak directly into the mike. City Manager Armas stated that new micro- phones were purchased two years ago and sometimes a person forgot to turn them on, however, that could be included in the up-coming budget. He stated that the Clerk might want to speak to a sound engineer for information on more sen- sitive mikes. 4/22/92 Page 15 A6 E N DA ACT I O N TAK E N - 059 ' '~TEMS FROM COUNCIL GOOD AND WELFARE ITEMS FROM COUNCIL Councilman Drago suggested buying one that goes around a person's neck. Mayor Penna related some things this Council was doing in light of speaker comments: Easter egg hunt at Orange Park was enjoyed by children from 3-10 years; this weekend there was a penny carnival at City Hall; Council was involved with BART, URM buildings, the TSM Board appointment, Orange Park Expansion, and noise insulation. He stated that peti- tions and letters had been received on airport noise which were appreciated by the Council, and he would be happy to speak on the subject to groups because there were a lot of misconceptions from people in the flight path. He proceeded to explain that the noise was measured by CNELs rather than decibels. He stated that people who wanted to pay the 20% themselves could petition Council to make application to the FAA for the 80% noise insulation funding, and they would not have to wait years. He stated that the 1983 noise map could jeopardize future funding for neighborhoods which made it more important for people to seek FAA funding now. Councilman Fernekes questioned where Good and Welfare was on the Agenda. City Clerk Battaya stated that she had made an error and must have skipped it out of the computer. GOOD AND WELFARE Councilman Fernekes questioned at what time the Council had to make a decision on an appointment vs. an election. City Attorney O'Toole replied, within 30 days from the date the vacancy occurred, which was May 1st, and the date the Council should take action is May 31st. 4/22/92 Page 16 AGENDA .... GOOD AND WELFARE ACTION TAKEN 060 GOOD AND WELFARE Councilman Fernekes stated that if the Council chose to go through an appoint- ment process the earliest possible time for the Council to make the decision of appointment vs. election -- it would assist them if people wanted to apply for the position. City Attorney O'Toole stated that was correct. Councilman Fernekes suggested Council schedule a meeting after May 1st to make that decision for people to submit appli- cations and start the process. He stated that if the Council waited until the next meeting on May 13th to solicit applica- tions it would not allow sufficient time for people to apply. Councilman Drago stated that he would favor an appointment rather than an election, and questioned whether they were speaking of an appointment until November or a year from November when Councilman Nicolopulos' term expires. City Attorney O'Toole stated that if the Council wanted to make an interim appointment between the date of the vacancy and the date of the next elec- tion, they must adopt an ordinance authorizing itself to do that. City Manager Armas stated that the Council could adjourn this meeting to May 6th, and discuss this topic and make a decision. Mayor Penna felt it was important for the Council to appoint someone as soon as possible, and he would not be in favor of having that person have to run for elec- tion in November and then have to run again next year. He stated that if Council could not come to agreement on an appointment, then an election should be held as soon as possible. 4/22/92 Page 17 A6ENDA ACTION TAKEN. 061 '--'300D AND WELFARE ITEMS FROM COUNCIL 10. Appointments to the Conference ~-~m~ Center Authority. 11. Appointment to Multicity TSM Advisory and Appeals Board. GOOD AND WELFARE Councilman Fernekes stated that over the past few weeks there were many rumors going around on Measure D, and one bothered him and wanted it brought to the public's attention with a legal response. He stated that people were saying that the new ordinance gave Council the authority to fire any employee. He stated that he knew this was not true, but wanted the Attorney to respond to whether the Council could fire any employee through the ordinance. City Atorney O'Toole replied, no. He stated that the new ordinance vests the City Manager to hire and fire all employees of the City except those spe- cified. He stated that what the new ordi- nance does is remove Department Heads from the list the City Mangaer has the authority to hire and fire. He stated that was the Department Heads, the City Attorney, City Clerk, and the City Treasurer. Councilman ~ernekes stated that he wanted to dispel that rumor - that this measure does not impower the City Council to fire all employees. Councilman Drago reiterated for the record and the newspapers that this ordi- nance does not give the Council authority to hire and fire any employees other than seven Department Heads, and the Council had always had the authority to hire and fire the City Manager and City Attorney. ITEMS FROM COUNCIL Continued to Adjourned Regular Meeting of 5/6/92. City Manager Armas stated that a couple of years ago when this City joined with other cities to form a Multicity TSM Agency to deal with transportation issues, implicit in the agreement was the for- mation of an advisory and appeals board. 4/22/92 Page 18 AGENDA ACTION TAKEN 062 --'TEMS FROM COUNCIL ITEMS FROM COUNCIL .1. Appointment - Continued. He stated that the intent of the Board was to be able to afford business people an opportunity to consider some of the regulations, and the Board was composed of business representatives from each city. Mayor Penna stated that he was recom- mending Carol Feuerstein from the Chamber of Commerce. M/S Drago/Fernekes - To appoint Carol Feuerstein to the Board. Carried by unanimous voice vote. CLOSED SESSION CLOSED SESSION 12. Closed Session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. Council chose not to hold a Closed Session. City Manager Armas asked if the Council wanted the adjourned meeting of 5/6/92 televised. Mayor Penna responded in the affirmative. M/S Drago/Fernekes - To adjourn the meeting to Wednesday, 5/6/92, 8:00 p.m., Municipal Services Building, Community Room, 33 Arroyo Dr. for the following purpose: 1) To make appointments to the Conference Center Authority; 2) To discuss and act on options to fill the unexpired Council term of Councilman Nicolopulos. Carried by unanimous voice vote. ADJOURNMENT: Time of adjournment was 9:35 p.m. RESPECTFULLY SUBMITTED, B~tay~a, ~ City of South San Francisco ~John R. Penn~, Mayor ~ -C'i~ey nf SokbtYn San Francisco 'he 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. 4/22/92 Page 19