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HomeMy WebLinkAboutMinutes 1992-05-13 Mayor John R. Penna Council: Jack Dra9o Joseph A. Fernekes __(Open Seat) Roberta Cerri Teglia MINUTES City Council ' Municipal Services Building Community Room May 13, 1992 073 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 13th day of May 1992, at 7:15 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Presentation of Police and Fire Public Safety Awards. Dated: May 7, 1992 Barbara A. Battaya~k City of South San Francisco AGENDA 1CALL TO ORDER: (Cassette No. 1) ROLL CALL: 1. Presentation of Police and Fire Public Safety Awards. ADJOURNMENT: ACTION TAKEN 7:18 p.m. Mayor Penna presiding. Council present: Council Absent: Drago, Fernekes, Teglia, and Penna. None. Fire Chief Stark presented the following individual Public Safety Awards to: Mr. Koehler of PKS Towing; Mr. George Morris and Terry Aglugub of Rotary Plaza; Mr. Steve Firpo of Western TV Cable; Mrs. Diana Byers of McDonalds; Ms. Jackie Paramore of McDonalds; and Fire Capt. Ronald Francesconi. Police Chief Datzman presented the following individual Public Safety Awards to: Deputy District Attorney Robert Foiles; Detective Chuck Zetterholm; Makena Escheverria and Robert Coorod; Detective Doug McCool and Detective Robert Collins; Mr. Steven J. Rogers; and Officer Robert Eastman. M/S Fernekes/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:31 p.m. 5/13/92 Page i AGENDA ACTION TAKEN O74 ~ESPECTFULLY SUBMITTED, City of South San Francisco AIN~OUFD. C~~.~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. 5/13/92 Page 2 Mayor John R. Penna Council: Jack Drago Joseph A. Fernekes Gus Nicolopulos ---Roberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION: PRESENTATIONS Proclamation - Water Awareness Month May 1992 ~-0~ ~ -~roclamation - National Preservation Week May 10-16, 1992 S~i7 Proclamation - Emergency Medical Services Week May 10-16, 1992 ~ Resolution Commending Gloria Maltoni AGENDA REVIEW Mayor Penna Requested: - Hear Item 14 and 15 after the Consent Calendar. - Hear Item 13 after Item 15. ORAL COMMUNICATIONS MINUTES City Council Municipal Services Building Community Room May 13, 1992 075 ACTION TAKEN 7:48 p.m. Mayor Penna presiding. Council present: Council absent: Drago, Fernekes, Teglia, and Penna. None. The Pledge was recited. Rev. Nagy, Our Redeemer Lutheran Church, gave the invocation. PRESENTATIONS Councilman Drago read the Proclamation aloud and presented it to Mr. Carl Ekstrum, California Water Co. Mayor Penna read the Proclamation aloud and presented it to Historic Preservation Commissioner Victor Feudale. Councilman Fernekes read the Proclamation aloud and presented it to Fire Chief Stark. Vice Mayor Teglia read the Resolution aloud and presented it to Ms. Maltoni. Ms. Maltoni thanked the Council for allowing her to serve the community. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Mr. Don Dubois, 2217 Delvin, stated that he and his wife had bought their home in S.S.F. 26 years ago because it was integrated with people of many cultures. 5/13/92 Page i 076 ACTION TAKEN' AGENDA ---)RAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Regular Meeting of 4/8/92, Adjourned Regular Meeting of 4/15/92, Special Meeting of 4/22/92, and Regular Meeting of 4/22/92. Motion to confirm expense claims of 5/13/92. ~1~ ORAL COMMUNICATIONS He stated that the top priority in the City at the moment was Measure D, and filling the vacant Council seat, but asked the Council to put an item on the next agenda for action on a resolution to be sent to the President of the U.S., Leadership of both parties, and the San Mateo County Congressional Representatives. He stated that the thrust of the letter and resolution was to urge all segments of the national political system to elevate the needs of our cities and the citizens of our urban areas to the highest priorities of our land. He spoke of an article in the Weekly Newsmagazine entitled "This Land Is Your Land" in reference to the L.A. riots, and gave it to the City Manager for infor- mation on a response. He also gave the City Manager a letter to Police Chief Datzman from he and his wife that put forth questions on police prac- tices, the documentation of complaints, and what training programs are in effect to keep officers up-to-date with varying cultures, values, and ethnic groups that he wanted answered. Mayor Penna asked the City Manager to respond at the next meeting. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. Confirmed in the amount of $1,426,206.13. 5/13/92 Page 2 AGENDA ACTION TAKEN 077 CONSENT CALENDAR .3. Resolution approving plans and specifications, and advertising bids for City Hall exterior paint- ing. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE CITY HALL EXTERIOR PAINTING 0 Resolution approving plans and ~5-0~0 specifications, and calling for bids for City Hall and Grand Avenue Library Drainage Project. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR CITY HALL AND GRAND AVENUE LIBRARY DRAINAGE PROJECT Resolution awarding contract for Aircraft Noise Insulation Project Phase VI to G. E. Chen Construction in the amount of $1,348,650 as the lowest responsible bidder. RESOLUTION OF AWARD OF CONTRACT FOR AIRCRAFT NOISE INSULATION PROJECT PHASE VI Motion to adopt an ordinance on the Airport Boulevard Underground ~5-/~7 Utility District No. 2. .5-~o 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 Resolution authorizing grant appli- cation for Calif. State Library Services and Construction Act funds in the amount of $20,750.00. 5~2~ A RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION FOR LIBRARY SERVICES AND CONSTRUCTION ACT FUNDS CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilman Drago. RESOLUTION NO. 38-92 Removed from the Consent Calendar for discussion by Mayor Penna. ORDINANCE NO. 1112-92 RESOLUTION NO. 39-92 5/13/92 Page 3 AGENDA ACTION TAKEN 078 ~"--CONSENT CALENDAR m Resolution designating the San Mateo County Environmental Health Services Division as the Solid Waste Local Enforcement Agency. A RESOLUTION DESIGNATING THE SAN MATEO COUNTY ENVIRONMENTAL HEALTH SERVICES DIVISION AS THE SOLID WASTE LOCAL ENFORCEMENT AGENCY ON BEHALF OF SOUTH SAN FRANCISCO 0 Resolution approving budget amend- ment to the 1991-92 CDBG Operating Budget. A RESOLUTION APPROVING BUDGET AMENDMENT 92-19 TO THE 1991-1992 OPERATING BUDGET PLACING $26,000.00 INTO THE RENTAL REHABILITATION INCOME ACCOUNT Resolution approving plans and specifications, and advertising bids for City Hall exterior paint- ing. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE CITY HALL EXTERIOR PAINTING Be Resolution awarding contract for S~$" Aircraft Noise Insulation Project Phase VI to G. E. Chen Construction in the amount of $1,348,650 as CONSENT CALENDAR RESOLUTION NO. 40-92 RESOLUTION NO. 41-92 M/S Fernekes/Drago - to approve the Consent Calendar with the exception of Items No. 3 and 5. Carried by unanimous voice vote. Councilman Drago noted that in reference to the unreinforced masonry item on the agenda, he wanted to make sure that in going out for bids for the painting of City Hall, that it would not conflict with any possible retrofitting. City Manager Armas stated that he did not believe it would, given the price magni- tude of the retrofitting and its funding. M/S Drago/Fernekes - To adopt the Resolution. RESOLUTION NO. 42-92 Carried by unanimous voice vote. Mr. Mike Premenko, 102 Greenwood Dr., stated that this program had been pro- moted as being without cost to the pro- perty owner, but there is a hidden cost 5/13/92 Page 4 079 ACTION TAKEN AGENDA Resolution - Continued. the lowest responsible bidder. RESOLUTION OF AWARD OF CONTRACT FOR AIRCRAFT NOISE INSULATION PROJECT PHASE VI for large front windows that the program will not replace as long as they are 1/4" thick. He stated that the architect came out and stated that the front window would not be replaced, because it was 1/4", however, the sliding glass door will be replaced at no cost to him; and questioned why this was true. He stated that he had gone to the engineer and had been told that this bid came in under the estimate, and wondered if that was because they were not replacing large front windows. He stated that he wanted his home to be uniform with as much noise reduction as possible, and did not want the project to be held up, but was concerned on why they could not have their front window replaced. Mayor Penna asked the City Engineer if there was a study showing why 1/4" win- dows were not being replaced. City Engineer Van Dohren stated that the architect and the accoustical engineer determined that in many cases replacing the front windows will not decrease the noise levels in the house and would have the same noise levels as not replacing the front windows. He stated that in front of this house were shrubs and the plane and sight of the windows will not be affected by replacing the front window. He stated that they had made the deci- sion and felt it would not affect the accoustics and esthetics of the house. He stated that they had just so much money and wanted it to go as far as it could. He stated that 1/4" windows would be replaced with two pieces of glass which caused the noise reduction through the use of double paned windows. Vice Mayor Teglia stated if they were to replace the 1/4" front window with double paned glass they would be decreasing the noise. She stated that the goal was to decrease the inside noise levels to 45 through insulation. She stated that this 5/13/92 Page 5 AGENDA ACTION TAKEN' 080 P 5. Resolution - Continued. had been brought to the Council after she precinct walked in the last election because the program had been established with no cost, and the Council had not selected out windows. She stated that the homeowners had the option to replace the front windows at their cost through the program. Discussion followed: that the policy was not to replace garage windows - only in living spaces; that the consultants were compiling guidlines which included the esthetics in replacing windows and doors and the final draft had been received on Monday, and would be available to anyone at the end of the week; to leave the option open until the report had been reviewed to see if it was warranted to establish a policy to include front win- dows of this nature because otherwise the insulation was meaningless because noise penetrated the dwelling; that the favorable bids allowed for 53 more homes to be insulated; that homes owners were being invited to participate at their own expense; that the Council should not alter their priorities; that staff was scheduling a meeting with residents in the Brentwood/Avalon area next month to talk to residents about trade-offs with the desired results, such as owner par- ticipation at their expense; whether the residents were being advised on what win- dows and doors were not being replaced in the program; whether there were con- tingency funds available to handle win- dows not covered; that changes during the construction would call for a change order, however, changes could be done during the design process; that the Council had to review policies on the program so that they were even handed; that the Council Subcommittee should review the report and get back to Council; whether this window could be added in to the program at a later time, etc. M/S Teglia/Drago - To adopt the Resolution with the base bid of 200 5/13/92 Page 6 AGENDA ACTION TAKEN~ 081 5. Resolution - Continued. PUBLIC HEARINGS 14. Public Hearing - Conduct Public Hearing; adopt resolution approving Statement of Objectives and use of CDBG Funds for FY 1992-93. ~O~q A RESOLUTION APPROVING AND AUTHORIZING THE SUBMITTAL OF THE STATEMENT OF OBJECTIVES AND PRO- JECTED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 1992-93 homes. RESOLUTION NO. 43-92 Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Penna opened the Public Hearing. Director of Economic & Community Development Costello stated that this was the second of two public hearings on the CDBG funds, and the staff report included the objectives for next year and the pro- posed use of the funds. She stated that the primary use of the funds was to continue existing programs, and to expand the Neighborhood Services House Helpers Program for weatherization in the downtown target area, etc. She stated that because there were more requests than funding, the Council Subcommittee and staff had reviewed the public services activities and developed recommendations to not fund any of the new programs. She stated that the recommendations for the Redevelopment Agency had been approved at tonight's meeting for Shared Housing, Shelter Network, and the Metropolitan Hotel. Ms. Ann Torres, Director of Leo Ryan Intergenerational Child Development Center, stated that the Agency provided social services and parent education for low income families. She stated that they handled cocaine babies that were now pre-school age and parents who need coun- seling, and their budget could not cover these services without City aid. She asked the Council to reconsider their 'decision and fund this service agency. Ms. Jan Smith, Poplar Center, thanked the Council for their consideration of their application for funding, and even 5/13/92 Page 7 AGENDA ACTION TAKEN 082 14. Public Hearing - Continued. RECESS: RECALL TO ORDER: though not approved, the Council could help by encouraging the City and local businesses to contact them for jobs their clients could do. Mayor Penna closed the Public Hearing. Vice Mayor Teglia stated that she hated to see the family service agency dropped, and questioned if there was any other funding source to help them. She stated that this money had been intended to be seed money, yet many agencies had become dependent upon the funds. Director of Economic & Community Development Costello stated that they had looked at redevelopment funds, but it could not be used for anything other than the creation of affordable housing. Councilman Drago stated that the Subcommittee had felt that to fund new service agencies would take away from on- going agencies that were filling the bill right now with the economic conditions. Vice Mayor Teglia suggested reducing agencies funding by $500 to fund this family services agency in some degree. Discussion followed: that the CDBG funding did not reflect those agencies funded by the Redevelopment Agency; that the administrative costs had increased on the CDBG Program, etc. M/S Drago/Teglia - To adopt the Resolution. RESOLUTION NO. 44-92 Carried by unanimous voice vote. Mayor Penna declared a recess at 8:47 p.m., and encouraged the audience to watch a 12 minute film on how the CDBG funds were spent. Mayor Penna recalled the meeting to order at 9:08 p.m., all Council was present. 5/13/92 Page 8 AGENDA ACTION TAKEN. 083 .... PUBLIC HEARINGS 15. Public Hearing - Conduct Public Hearing; Motion to adopt urgency interim ordinance prohibiting noise sensitive land use in the land use to the east of US 101. AN INTERIM URGENCY ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO ESTA- BLISHING A ZONING AND BUILDING MORATORIUM; PROHIBITING NOISE SENSITIVE LAND USES IN THE AREAS TO THE EAST OF US HIGHWAY 101 WHICH MAY BE IN CONFLICT WITH THE PREPARATION OF A CONTEMPLATED AREA PLAN AND IS TO BE EFFECTIVE IMMEDIATELY PURSUANT TO CALIFORNIA GOVERNMENT CODE PUBLIC HEARINGS City Clerk Battaya read the title of the ordinance in its entirety. Mayor Penna opened the Public Hearing. Chief Planner Solomon stated that this item had been before the Council on 4/8/92, was referred back to the Planning Commission for a standard zoning ordi- nance, and is returning at the request of Mayor Penna. He stated that this prohibition on noise sensitive land uses could last as long as two years, but this ordinance was only for 45 days and could be extended by State law. He stated that if the urgency interim ordinance was adopted, it would prohibit noise sensite landuses for the lands to the east of US101. He stated that this would create a 45 day prohibi- tion on processing permits for noise sen- sitive landuses, and the urgency ordinance would require a 4/5 vote, as well as, as extension in the future of the time period. Mr. Doug Thomas, Kohl Company, stated that his company had one of the proper- ties adversely affected by this ordi- nance. He stated that this was the third time in the past 9 month that he had spo- ken on the matter, and had also been opposed to the agreement with the Airport. He staated that he believed that the home owners were entitled to get their homes insulated, but not at the expense of his rights or the Council having to give up their land use decisions. She spoke in detail of the benefits to the City if they allowed housing east of 101. He stated that he wanted to make sure the City received a copy of his attornies' letter, Washburn, Briscoe & McCarthy, dated 5/13/92, and that it be a part of the record of the Public Hearing. Mayor Penna closed the Public Hearing. 5/13/92 Page 9 AGENDA ACTION TAKi~N 084 ~'-'~UBLIC HEARINGS 15. Public Hearing - Continued. LEGISLATIVE BUSINESS 13. Motion to introduce and adopt an 5/~3 urgency ordinance for an interim appointment to Council until November 1992 with a special elec- tion to follow. AN URGENCY ORDINANCE ADDING SECTION 2.18.040 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE ALLOWING FOR AN PUBLIC HEARINGS Vice Mayor Teglia stated that the Council was not taking away Mr. Thomas' rights, but were eliminating housing, however, any other use out there could be brought to the City. Mayor Penna stated that he had asked for this item to be reagendized, because at the last meeting he had had it postponed because Councilman Nicolopulos was not present. He stated that now Mr. Nicolopulos was not on the Council and wanted to go forward with the item, and hoped that there would be an unbiased EIR so that there would be a clear under- standing of the proper uses for that area. Councilman Fernekes reiterated that the Developers could still talk to staff about various developments pertaining to their property. City Manager Armas stated that the mora- torium would establish a prohibition on a certain type of use, and if deemed appropriate could be lifted in the future. M/S Teglia/Fernekes - To waive reading of the ordinance. Carried by unanimous voice vote. M/S Teglia/Fernekes - To adopt the Ordinance. ORDINANCE NO. 1113-92 Carried by unanimous voice vote. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. Mrs. Irene Mann, 103 Fir Ave., stated that she and her husband had resided at the same address for 41 years, and would express she and her husband's opinions. She asked the Council to appoint a person to fill the unexpired term on the Council, and let the City get on with 5/13/92 Page 10 AGENDA ACTION TAKEN. 085 Motion - Continued. INTERIM APPOINTMENT, ELECTION OR SPECIAL ELECTION TO FILL CITY COUNCIL VACANCIES the many important business meeting and things to take care of, and things could not stand still. She suggested the name of Mr. Lou Dell'Anglea, and felt that he had all of the qualifications for a Councilperson, in adition to having served the City as Planning Director for five years. She stated that some people lean towards an election, and Mr. Dell'Angela had run for election twice and had there been three seats open at the last election would be sitting on the Council today. She stated that to appoint someone for six months and then call an election was not only insulting, but expensive for anyone. She stated that Mr. Dell'Angela attends many meetings and gives positive remarks on what is going on. She asked the Council to appoint him for the unex- pired term. Councilman Drago stated that this ordi- nance had not passed last time, and if there were not four votes tonight for the urgency ordinance then the comments are not needed and were mute. He stated that only if the ordinance was passed would there be a six month appointment and an election, and he felt that most of the discussion should be on Item No. 12. Vice Mayor Teglia stated that people speaking on Items 12 or 13 might have an effect on Council and might not. Mayor Penna stated that the process had been started, and would be completed, however, the purpose of Item No. 13 was the urgency ordinance on an appointment, and that would only be done if the ordi- nance was passed. Mr. Larry Ng stated that he had run for Council at one time, and did not believe there should be a special election, but an appintment. He stated that he believed that Mr. Lou Dell'Angela should be the person appointed because he had finished third in the last election. 5/13/92 Page 11 A 6 E N D A A C T I O N T A K E N 086 ~"'_EGISLATIVE BUSINESS 13. Motion - Continued. LEGISLATIVE BUSINESS Mr. Bob Stevens, 2435 Tipperary Ave., stated that there had been a lot of dissention amongst the Council for some time, and felt tonight was the time to fish or cut bait. He stated that he agreed that Mr. Dell'Angela should be appointed as stated by Mrs. Mann, or con- tinue and have more dissention. He stated that it was time for the City to pull together acting as a team, and stop acting wishy-washy and show some gungho spirit and do it. Mr. A1 Waters stated that he had spoken at the last meeting on the Council appointing a person of color, and chose to read a poem entitled "What Happened to a Dream Deferred." He spoke of the exclusion of people of color from meaningful political par- ticipation in S.S.F. and many States of the Union when there were 55.3% of people of color in S.S.F., and children's need for role models in government which the Council could give them through an appointment. Mr. Art Senares asked the Council to exercise their option and make an appointment to fill the vacancy created by the retirement of Mr. Nicolopulos. He stated that he stood here tonight asking Council to knock on the door of opportunity and show courage by making an appointment from the minority community. He stated that it took courage to take a stand on an issue that is potentially controversial in favor of what is good for the community, rather than putting it to an election. He stated that for the Council to make an interim appointment and have an election was like Pontius Pilot washing his hands of the whole issue 2,000 years ago and the lion in the Kingdom of Oz who cowers at the sight of his shadow. He stated his confidence that the Council would show courage and look beyond his color and into the heart of a community that 5/13/92 Page 12 AGENDA ACTION TAKEN 087 _EGISLATIVE BUSINESS 13. Motion - Continued. LEGISLATIVE BUSINESS longs for representation in City govern- ment. He felt that the Council would show courage to step beyond the unmasked boundaries of this national origin and enter a community of citizens whose energies and talents are willing to be tapped by the decision making government of S.S.F. He stated that future children will remember this historic appointment of a minority to the City Council. Dr. Paula Bagasao stated that she had a consulting firm that dealt with educa- tion, human resources, affirmative action, diversity and equal employment opportunities. She stated that she supported an appoint- ment to fill the unexpired term, and recommended that the appointment process used involve multiple criteria to include the following objectives: achieve ethnic diversity; achieve capacity to serve the diverse population which is over 50%; one set of qualifications for all candidates applied equally across the board; and all affirmative action policies and plans in S.S.F. be employed in the recruitment of all candidates in the appointment. She stated that if those policies she had described were followed she believed there would be equal treatment with social justice and practicality because now the Council seats were not filled by people of color. She also believed the appointment should be for the unexpired term. She stated that she had noted con- cern during the last election that a minority might fill the seat when it was important to have a Council that shows the diversity of the community. She stated that S.S.F. could not afford to be out of step with the Nation or the Nation's ills would catch up with S.S.F. as was evidenced recently, and spoke at length of the myths relating to the appointment of minorities. 5/13/92 Page 13 A G E N D A AC T I O N T AK E ~ 088 ?--LEGISLATIVE BUSINESS 13. Motion - Continued. LEGISLATIVE BUSINESS Vice Mayor Teglia questioned why Ms. Bugasao had never run for office when she was so articulate and obviously qualified, and could speak to the community. Ms. Bagasao stated that she might in future but wanted to see what this com- munity had to offer. She stated that she did not see diversity yet at the top leadership and a reciprocal response to what she is, and she did have a par- ticular office she wanted to run for in the future. Ms. Diane Smith stated that she was in support of an appointment to fill the unexpired term of Gus Nicolopulos, and noted frustrations people experience when they feel they lack a voice in the government they support with their tax dollars. She stated that in the past few weeks the emotions had run from bewilder- ment to an outright sense of betrayal - you think that your constituents don't trust you, but they don't trust what they don't understand. She stated that at the last meeting speakers for minority repre- sentation on Council spoke of insuf- ficient funds to mount a succesful campaign and their right of a represen- tative. She spoke of the expense of running an election campaign: Mrs. Teglia spent $11,747, and got 808 more votes than Mr. Lou Dell'Angela; Mr. Fernekes spent $12,770 and got 507 votes ahead of Mr. Dell'Angela. She stated that if any of the Council had run 5 months ago and had run the race that Lou did with the small margin between Lou and the two winners - and was the logical choice to fill the vacancy that exists today. She felt that the clamor today for justice in filling the vacancy was also justified. She stated that one would think that the people who were interested in being applicants today would have run for elec- 5/13/92 Page 14 -. 089 AC T ]' 0 N T AK E N AGENDA LEGISLATIVE BUSINESS 13. Motion - Continued. LEGISLATIVE BUSINESS tion in November, and suggested that they would not give a hoot for it six months from now. She stated that if the Council felt Mr. Dell'Angela was suitable for the office, then they should spend the $16,000 an election would cost on other more important things and make an appointment tonight. She urged the Council to do the right thing tonight for S.S.F. and appoint Mr. Dell'Angela. Mr. Juan Mendoza, 834 Olive Ave., stated that he spoke as an American who believed in the American dream, and wanted to work to fulfill the American ideals. He stated that the media had brought into living rooms the recent racial strife, and it was obvious that we had not reached the ideals. He stated that it was unfortunate that Americans in S.S.F. did not feel that they were a part of the political process in running their City. He urged Council to listen to the Americans in the audience who had spoken at the last two meetings, who spoke strongly for numerous community leaders in the City, and urged the Council to appoint a minority to fill the vacancy. He spoke of the minorities that had been appointed to Boards and Commissions which he noted had not caused strife or controversy. Mayor Penna questioned the options in the ordinance: appoint a Councilmember to fill the vacancy; appoint an interim Councilmember until a special election is held; leave the position vacant and call a special election in 90 days; and the ordinance required a 4/5/ vote, and if not passed, would it come back as a regu- lar ordinance at the next meeting; if an appointment was not made by the 31st, then a special election must be called. City Attorney O'Toole responded: the ordinance codified the 3 options available to the Council for this and all 5/13/92 Page 15 ^GE,D^ ^CT O, 'r^ Eu- 090 ~LEGISLATIVE BUSINESS 13. Motion - Continued. LEGISLATIVE BUSINESS future appointments when a vacancy occurs on the Council; Options I and 3 are State law now and available whether or not you adopt this ordinance; by including them in the Municipal Code we are making sure that those options are part of the ordi- nance, as well as an interim appointment. Mayor Penna stated that the Council was considering Item No. 13, even though they had heard comments on Items #13 and #12. Councilman Fernekes stated that it was unfortunate that this ordinance had not been in place for the Council to act on quicker for an interim appointment, as well as calling an election. Vice Mayor Teglia wanted to remind the public and those minority members that had come forward to speak that she did not believe that the Council refuses to see color on the Council. She stated that fifteen years ago there was a terri- fic black lady, Patsy Hilliard, who was very much respected and loved in the com- munity, and because of her husband's pro- motion had moved to a distant State. She felt that Mrs. Hilliard would have been elected Council instead of herself had she chose to run for election. She stated that there had been a gentleman names Weslay Slade who served on the Planning Commission, as did Patsy, who was also tremendously talented but did not chose to run for Council. She felt it was important for any group to field a candidate that have something to offer the entire community. She felt this com- munity was fair and had been a melting pot for years. She stated that she believed in the elective process where a candidate reached out to the public and responded to questions on how the indivi- dual would think and face issues as a Councilmember. M/S Fernekes/Drago - To waive reading of the ordinance. 5/13/92 Page 16 AGENDA ACTION TAKEN ~LEGISLATIVE BUSINESS 13. Motion - Continued. .-_ADMINISTRATIVE BUSINESS 12. Discuss and act on options to fill the unexpired Council term of Councilman Nicolopulos who resigned 5/1/92: a) Resolution calling a Special Election on 11/3/92; and b) Establish the appointment process. A RESOLUTION CALLING A SPECIAL ELECTION TO BE CONSOLIDATED WITH THE NOVEMBER 3, 1992 GENERAL ELECTION TO FILL THE COUNCIL VACANCY PURSUANT TO GOVERNMENT CODE 36512 5-1 5.3 091 LEGISLATIVE BUSINESS Carried by unanimous voice vote. M/S Fernekes/Drago - To adopt the ordinance. Motion and Second failed by a roll call vote, Vice Mayor Teglia voted no. City Attorney O'Toole stated that it would now be appropriate to entertain a motion to introduce the ordinance and strike the urgency clause. He stated that this would strike the interim appointment clause and an appointment would be for the full eighteen months. M/S Fernekes/Drago - To introduce the ordinance striking the urgency clause. Carried by majority roll call vote, Vice Mayor Teglia voted no. ADMINISTRATIVE BUSINESS Ms. Patti Shelley stated that she did remember a minority that had served on the Council at one time who was Ron Acosta, who was elected, was quite popu- lar, and a nice man. She stated that there had been much discussion on an appointment by various people, but where were they during discussions on vital projects to the City - Mr. Dell'Angela was there. She stated that these meetings were opportunities for individuals to speak and allow the public to judge that individual's true involvement and integrity even when there is nothing to be gained. She stated that there were twenty-five opportunities per year for potential candidates to be heard on what they want to see accomplished, and surely it is not hatched a few months before election, yet that is the pattern the community sees. She stated that Mr. Dell'Angela had often spoken at Council and Planning Commission 5/13/92 Page 17 AGENDA ACTION TAKEN 092 ADMINISTRATIVE BUSINESS 12. Discussion - Continued. ADMINISTRATIVE BUSINESS meetings, stating his views which were not always popular, and always gives his best. She felt that television was an excellent way for the household bound who were now and again interested to tune in for an occasional laugh or a good long cry. She stated that serious contenders should not be at home waiting for a seat to open on Council, and a sharing of ideas at meetings gave the opportunity for visibility for voters to have an insight into the political philosophies of individuals. She stated that the people did make a choice last November, and if three seats had been open Mr. Dell'Angela would be on the Council now. Dr. Bagasao stated that several people had voiced a preference for an appoint- ment and had named their candidate. She stated that if there was an appointment process then the qualifications for that appointment should be carefully deli- neated, and she would like to participate in that process. Mr. Jake Jones, 12 E1Campo Dr., stated that his family had come to S.S.F. in 1898 and this City had always been known as a melting pot with everyone being American - not minorities. He stated that not only did the people need to get a candidate, they had to get the people out to vote, and it was not a question of minorities. He stated that Mr. Estigoy had made a very good showing but he could not get the people out to vote because when it comes to candidacy you must get the City combined. He felt that the Council should appoint the individual who received the highest third vote in the November election. Mr. Paul Saroff, 762 Park Way, felt that if the Council should appoint it should be a fair process equal to everybody, 5/13/92 Page 18 AGENDA ACTION TAKEN- 093 '~DMINISTRATIVE BUSINESS ~2. Discussion - Continued. ADMINISTRATIVE BUSINESS even though he liked Mr. Dell'Angela. he stated that we were all Americans and not minorities, and whoever was appointed would later have to go out and be elected. Mayor Penna felt that the Council could not select only on the basis of minority or non-minority without going through a process. He stated that he was an American of Italian extraction with parents that came here early in the cen- tury, and were considered a minority but were not afraid to go out and do what they had to do to contribute to the com- munity. He stated that his grandfather had been instrumental in establishing the Sons of Italy, and he was very proud of that fact. He stated that instilled within him was pride in his heritage, because you bring your culture with you to contribute to everyone. He stated that with the exception of Afro-Americans who had been torn from their families and enslaved in this country everyone else had come to America free of choice. He stated that in all races there were blacks and whites because the people had traveled a lot and mixed a lot. He stated that the Council had to use its resources in appointing to Boards and Commissions to teach and groom these people for future elections. He stated that both he and the Vice Mayor had lost elections and knew what winning and losing felt like. He asked the Council if they wanted to appoint and fill the unexpired term, and if so the process to be employed. Councilman Drago stated that this was very difficult for him because every face he saw in the audience was a friend, and he wanted to open this up to everyone. He stated that right now the Council was involved in an election that costs a lot of money, and he was for an appointment 5/13/92 Page 19 AGENDA ACTION TAKEN, 09,4 !'--~DMINISTRATIVE BUSINESS 12. Discussion - Continued. ADMINISTRATIVE BUSINESS for the full eighteen months without an election. He stated that he was also for nomination of the person who was the top vote getter in the last election who was not elected. He stated that he would like a ballot measure to make this a charter city and increase the number of Council seats from 5 to 7, as well as a measure to establish district elections. He felt this would offer greater opportunity for citizens to serve on the Council and he felt a broader base of participation in govern- ment, and would not spread the Council so thin in serving on committees and lesson the opportunity for special interest groups to have control with a greater involvement of the entire community in the decision making process. He felt that this could work and was in favor of district elections where a candidate only had to convince his district to win an election. Councilman Fernekes stated that he believed the Council could go for an election because it must be an open and fair process allowing all the citizens to apply, and there were some merits in appointing the person who came in third. He related that people said if there were three seats open the person would have been elected, however, he didn't believe that was known because if there were three seats it could have been different. He stated that the only requirements in the appointment process was to be 18 years of age and a registered voter, and he did not believe in a direct appoint- ment just because they came in third. Vice Mayor Teglia stated that nothing was more open and competitive than an election where people presented them- selves and the voters select their repre- sentatives, and she did not agree with the Council interviewing with that pro- cess and putting themselves between this 5/13/92 Page 20 A G E N D A A C T I O N T A K E.N 095 qDMINISTRATIVE BUSINESS 12. Discussion - Continued. ADMINISTRATIVE BUSINESS vacancy and the electorate. She stated that if it was going to be open people should put their candidacy up and commun- icate with this City at the election which is a time tried process which democracy is based on. Councilman Fernekes related that Mr. Bonalanza died just after taking office, and the Council went to an election to fill the vacancy. He staed that he was concerned with the period between now and the November elec- tion in the event something happened to one of the existing Council, and wanted a fifth member appointed. Mayor Penna stated that an appointment now would be for the full unexpired term. Majority consensus - To go for an appointment, Vice Mayor Teglia was not in agreement. Councilman Fernekes suggested: give the applicants a period of time to submit applications; pick a date to close appli- cations; conduct interviews hopefully on TV; the decision process; if no decision, an election is called. Consensus of Council - establish that the application deadline would end 5/22/92 at 5:00 p.m., interviews would be scheduled on 5/26/92 and 5/28/92 at 7:00 p.m.,; the meetings will be televised at the MSB; interview questions will be developed at the next meeting. Councilman Drago wanted discussion of becoming a charter city put on the next meeting. City Manager Armas stated that that was a complex procedure and staff would bring information to the Council next month. Vice Mayor Teglia stated that before 5/13/92 Page 21 A6ENDA ACTION TAKEN--- 096 '--~DMINISTRATIVE BUSINESS 12. Discussion - Continued. lO. Unreinforced Masonry Building Ordinance update; Motion to accept the report and provide direction to staff - continued from 4/22/92 meeting. ~'o~ ADMINISTRATIVE BUSINESS Council got into that subject, which could be controversial and not well received by the community. She stated that she wanted to know the deadline for a measure for the November ballot to see if the City even wanted to go in that direction because you basically reconstruct the entire government of your City. She stated that there could also be an advisory measure on district elec- tions to see if the community wanted to go in that direction. Discussion followed: on finding out the pros and cons of a charter city vs. a general law city; that a charter city did not have a seven member body, etc. City Attorney O'Toole stated that the resolution calling a special election will appear on each agenda until the 5/31/92 deadline in the event the Council did not select an appointee to fill the vacancy. Director of Economic & Community Development Costello stated that the Council had fulfilled State mandates in identifying URM buildings, and had requested additional information after holding various hearings on the hazards. She stated that the property owners were required to submit an engineering analy- sis by 5/92, and tonight's report gave an overview of the results of that engi- neering analysis which she proceeded to described. Discussion followed: that public funding had been looked at for funding and that had been exhausted; what the State Codes would be 2 to 3 years from now on URM buildings, as well as its effect on the engineering analysis; that reexamination of the standards were done after a major earthquake; most URM Codes had been adopted to preclude local jurisdictions from enacting their own laws; that the State law was to conduct an inventory, 5/13/92 Page 22 AGENDA ACTION TAKEN 097 ,DMINISTRATIVE BUSINESS _0. Unreinforced Masonry Building - Continued. ADMINISTRATIVE BUSINESS and the City had to decide if they wanted to do more; looking at URM modifications being required upon transfer of ownership; when was the City going to address the library and City Hall; reserving one time revenues for URM modi- fications; if lesser degrees of URM modi- fications were applied to historic resources; that URM buildings were old by definition, but historic buildings had lesser restrictions; the City had not used historic standards for City Hall and the library; that these URM standards were for safety. Ms. Lupe Gavidia, 225 Grand Ave., spoke of the hardship this $80,000 retro- fitting placed on her hardworking mother and family in their family business and home. She stated that dozens of busi- nesses were in the same position, and this would make downtown a ghost town. She stated that it was a terrible thing to have everything you always worked for taken away from you - which was what was being proposed for her and her neighbors. She stated that City Hall and the Library would cost over $1,000,000 to retrofit and the Council would probably have to raise taxes to provide the funds, and she was sure this would lead to a recall of Council. She stated that she did not have a problem if the work was only done after a change of ownership, but done on a voluntary basis - it was like a condem- nation of her building. Mr. Alan Askar, 7031~ Linden Ave., stated that the property owners were also con- cerned about the safety issues, and the biggest problem had always been the lack of funds. He stated that the City would spread their cost over the entire popula- tion of the City. He stated that the $80,000 for the family of the woman that just spoke would be devastating and pro- hibitive. He stated that there were no funds in the private sector for retro- 5/13/92 Page 23 AGENDA ACTION TAKEN. 098 ~DMINISTRATIVE BUSINESS 10. Unreinforced Masonry Building - Continued. ADMINISTRATIVE BUSINESS fitting because they realize that the retrofitting would not save the building. He stated that he thought there was an answer to this last year in Assembly Bill 1963 that required retrofitting at the time of sale, but the blll was dead now even though it was well received. He stated that his mother was in her mid 70s and if she didn't live to the seven or ten year time frame, well under the scenario that you do not include inheri- tance through the line of sanguinity, then at some time they would be forced to sell the building. He stated that the Assembly Bill had been gutted with an added straight forward retrofit your building, as well as adding other things to defeat the bill. He stated that it should be done when there was money there to do it, and appreciated staff's cooperation, and sup- ported the retrofitting being done upon the transfer of the property. Ms. Freda Berger questioned what efforts had been made to contact the four owners that had not responded. Director of Economic & Community Development Costello stated that letters had been mailed. Chief Building Inspector Baca stated that when there had been no response he had tried to obtain a phone number from the telephone company, and when there were unlisted numbers they had again sent letters. Ms. Berger stated that she had tried to contact Mr. Baca on two occasions, and he had not called her back, yet he had put in the report that she did not respond. M/S Drago/Fernekes - To accept the report. 5/13/92 Page 24 AGENDA ADMINISTRATIVE BUSINESS 10. Unreinforced Masonry Building - Continued. i ~ayor Penna Returned to the Podium: 11. Responses to public inquiries raised during Oral Communications; Motion to revise the City Council Handbook. O99 ACTION TAKEN ADMINISTRATIVE BUSINESS Carried by majority voice vote, Mayor Penna did not take part in the discussion or vote. M/S Drago/Fernekes - To direct staff to continue working with the owners. Carried by majority voice vote, Mayor Penna did not take part in the discussion or vote. M/S Fernekes/Drago - To conduct a workshop and bring a report to Council. Carried by majority voice vote, Mayor Penna did not take part in the discussion or vote. Director of Economic & Community Development related that the workshop would be held on 6/15/92 from 4:00-6:00 p.m. Mayor Penna returned to the podium. City Manager Armas stated that this was in response to Council direction and language had been drafted for consideration. Councilman Dra9o stated that the question had been, why do you pick and choose when you want to answer and when you don't, and the language still allowed the Mayor to put staff on the spot to answer. Vice Mayor Teglia stated that she pre- ferred that the answer was accurate by responding at the next meeting, rather than satisfy someone at the podium and perhaps be wrong. M/S Drago/Fernekes - To revise the City Council Handbook. Carried by unanimous voice vote. 5/13/92 Page 25 AGENDA ~[TEMS FROM COUNCIL 16. Oral Committee Reports. GOOD AND WELFARE 17. Closed Session for the purpose of discussion of personnel matters, labor relations, property negotiations and litigation. ~DJOURNMENT: ACTION TAKEN lO0 ITEMS FROM COUNCIL Mayor Penna related that at the last Round Table meeting there had been a una- nimous vote to have the Airport provide sufficient funds for all cities for home insulation by the year 2,000. He stated that SFIA was expanding flights and there was a 400 page report in response to that. City Manager Armas stated that there had been a lot of comments on the draft EIR on the expansion, and staff was reviewing the document. Councilman Fernekes asked if something could be done about the microphones. City Clerk Battaya stated that she had brought in a person from Sony who had met with Mr. Firpo and Mr. Huley, and at the next meeting or shortly thereafter would bring in some other microphones for a demonstration. Mayor Penna stated that he understood that it had to do with the equalizer which was a low tone - and he had a soft voice. GOOD AND WELFARE No one chose to speak. The Council chose not to hold a Closed Session. M/S Teglia/Fernekes - To adjourn the meeting to 5/20/92, at 7:00 p.m., City Council Chambers, City Hall, for the pur- poses noted in the agenda, as well as review of candidate process, and a Closed Session. Carried by unanimous voice vote. Time of adjournment was 11:45 p.m. 5/13/92 Page 26 101 ACTION TAKEN AGENDA RESPECTFULLY SUBMITTED, 'Barbara A. Battaya, City C4/erk City of South San Francisco ~.x. P e~n~. Mayor City o~n 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. 5/13/92 Page 27