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HomeMy WebLinkAboutMinutes 1992-05-28 Mayor John R. Penna Council: Jack Dra9o Joseph A. Fernekes .__.(Open Seat) ~oberta Cerri Teglia AGENDA ADJOURNED REGULAR MEETING CALL TO ORDER: (Cassette No. 1) ROLL CALL: Interviews of applicants for the unexpired Council term of Gus Nicolopulos. MINUTES City Council Municipal Services Building Community Room May 28, 1992 131 ACTION TAKEN ADJOURNED REGULAR MEETING 7:13 p.m. Mayor Penna presiding. Council present: Council absent: Drago, Fernekes, Teglia, and Penna. None. Mayor Penna stated that the purpose of the meeting was to complete interviews of candidates to fill the unexpired term of Councilman Nicolopulos, and if the Council failed to appoint then a special election would be called. He reiterated the selection process for interview times for candidates. He stated that there was some confusion over what took place at the last meeting where some people wanted to speak under Good and Welfare. He continued, he had said Good and Welfare and no one spoke, and he had gone into Closed Session. He stated that here would be Good and Welfare tonight and whoever still wanted to speak could do so. He related that Mr. Michael DeZordo had withdrawn his candidacy. Vice Mayor Teglia stated that she wanted to make a 5 minute presentation because she was unable to attend last night's meeting due to circumstances beyond her control. She stated that she had com- ments in reference to herself and Measure D in response to last night's meeting. Mayor Penna stated that Council would interview the candidates, go through the selection process, and then the Vice Mayor could make her statement which would be followed by Good and Welfare. 5/28/92 Page i A6ENDA ACTION TAKEN- 132 Interviews - Continued. Vice Mayor Teglia stated that last night's Good and Welfare had been on the Agenda and she thought the Mayor had stood up and said we had enough of it, and after the Closed Session the Mayor allowed people to speak. Mayor Penna stated that he had said Good and Welfare and hearing none had gone to a Closed Session. He stated that he had checked with the City Manager and City Attorney and they had agreed that he had said Good and Welfare. He apologized if he had made a mistake last night. Council interviewed Mr. Donald Arndt. Vice Mayor Teglia posed the following three questions: 1) is it not true that three weeks ago you asked for an appoint- ment to a past member of the Council, wherein you indicated that you were to be the next appointment to the City Council; 2) is it not true that two weeks ago you sat in my living room and indicated that Mr. Lou Dell'Angela would be nominated, but would not receive sufficient votes and you would then be nominated to the City Council, and reminded him that there was a witness who would also sign an affidavit; 3) is it not true that for the sake of appearances, that because of your close personal involvement with Councilman Fernekes that a deal has been cut whereby his face can be saved and Councilman Drago will nominate you and he will second you. Councilman Drago stated that the last statement was an outright lie - he had never said that. Mr. Arndt stated that he was very active on the D Measure, and the conversation he had with Mrs. Teglia was the indica- tion that we talked about Measure D because he had worked on the No on D situation because the Council had not decided to make a resolution that didn't have the Council to not do the hiring and firing. He stated that he was a strong 5/28/92 Page 2 AGENDA Interviews - Continued. ACTION TAKEN' 133 believer in a process where the Council should be included in, but the job of making those decisions on the seven department heads in our City is not a role the Council should make in any way. He stated that he knew there were enough votes for another candidate for this office and he had stressed the fact that he thought that the only way this was going to work was that there be a unani- mous decision on whomever was appointed. Vice Mayor Teglia stated that that was not the statement Mr. Arndt had made when he came to her house, which was a lengthy discussion where he finally came to the real purpose of why he was there - to solicit her support as well. Mr. Arndt replied, absolutely not, he was not there to solicit her support. Vice Mayor Teglia stated that she would have the affidavits for Mr. Arndt and the Council. Further questioning ensued by individual Councilmembers of Mr. Arndt. Council interviewed Mr. Pedro Gonzales, and Mr. A1 Waters. Mr. Waters stated that after reading com- ments in the newspapers about district elections he felt this process was a farce, as well as for the Council to decide what was good for the community and set themselves up as Gods. He stated that the proposition before the Board, which he felt was racial, and chose to withdraw his application. Council interviewed Mr. Caesar Churchwell, and Mr. Elmon Elmore. Mayor Penna complimented the many appli- cants on their presentations, and said that the Council would now nominate, second, and vote on the nominees. Councilman Drago stated that he had 5/28/92 Page 3 134 ACTION TAKEN AGENDA Interviews - Continued. really been impressed with the class and knowledge of the candidates, and the pro- cess gave the candidate the opportunity for the public to see them. He stated that he hoped those that were not nomi- nated would not become discouraged, and he encouraged them to apply for boards and commissions so their talents could be utilized by this City. Mayor Penna reiterated Councilman Drago's comments. Councilman Fernekes thanked the can- didates for coming forward and for their suggestions. Vice Mayor Teglia also thanked them and noted the courage it took to go through the process. She stated that some of the candidates had a great deal to offer, and she hoped they would consider running for Council. She stated that she knew it was hard to run for Council and to crack this City because 15 years ago she didn't even con- sider that a woman had never sat on this Council, had run, lost, and came smack up against some brick walls. She stated that it was the first time in her life that she came up against some prejudice and some ideas of a woman's place, where she should be, and whether she could do the job. She stated that it was the first time in her life that wanting to go for something wasn't enough, that there were perceptions outside, but you can't give up and must learn from each time. She stated that women were against her when she first ran because they thought she should be home making raviolis - which she could make, but the second time she ran they became her strongest advocates. She urged the applicants to convince the people through a good election campaign, and learn from their mistakes by getting behind a serious candidate, and if you don't make it try again. 5/28/92 Page 4 AGENDA ACTION TAKE'N 135 ~"iECESS: IECALL TO ORDER: 1. Interviews - Continued. ~OOD AND WELFARE Council declared a recess at 9:08 p.m. Mayor Penna recalled the meeting to order at 9:20 p.m., all Council was present. Councilman Fernekes nominated Bob Yee for the position of Councilman, which was Seconded by Vice Mayor Teglia. Councilman Drago questioned if a person was nominated and there was not a second, could that person be renominated again. Mayor Penna replied yes, we will continue to nominate and renominate until there was a deadlock. Motion and Second carried by majority roll call vote, Councilman Drago voted no. Mayor Penna stated that Bob had now been elected to the City Council for the next 18 months. GOOD AND WELFARE Vice Mayor Teglia stated that she was called this morning by many people telling her about the remarks at last night's meeting that were aimed at her and others at Measure and their efforts. She stated that she went in today and listened to the Clerk's tape of last night's meeting. She offered her perspective of the points raised last night: Councilman Drago's comments on the San Mateo Times editorial which urged voters to vote no on Measure D which ignored the fact that there was a 4-1 vote of the Council -- it was not ignored, 2,200 people signed the peti- tion; the sign says return City Hall to the people -- that is exactly what this referendum has done, but it has returned it to all the people, not just the good old buddies at the Grand Ave. coffee shop; with respect to the Measure D Committee being a controlled committee -- the State of Calif. requires a statement 5/28/92 Page 5 AGENDA ACTION TAKEN- 136 "--'~OOD AND WELFARE GOOD AND WELFARE of organization, in this case for a primarily formed committee opposed to a measure because they want to know who is behind it and if you hold elected office that must be indicated, as well as, be reported in her own individual filing to show that the office holder has a strong interest and influence on the committee; the committee in favor is also a controlled committee with three Councilmembers and should also have registered as a controlled committee especially in view of two paid political ads with their names and one Councilman's phone number for a fund raiser. She continued her perspectives: pieces of political literature put out by that Committee had the names of all three Councilmen, and if she was the nasty per- son you and your cronies had made her out to be she would have turned them in to the FPPC, but was suggesting that they amend their statement of organization; suggest you stop making snide remarks because our Committee has complied with the law as a controlled committee; people in glass houses shouldn't throw stones, and when the next set of disclosures are filed, there should be an amendment filed because three members of this Council have been indirectly, at least very influentially involved in the yes on Measure D campaign; a number of comments were made about the brochure, and the Committee was thrilled with the comments because ten members composed the brochure to present their best answers to the questions, and appeal to the intelligence of the voters and stand by what was said in the brochure; there was no intent to mislead the people in the brochure; had a good bargain on the brochure, paid $270 for the typographer to set it up, $150 to prepare the plates for the printer, printing was one as an in-kind service; the total cost was the same as the other Committee paid for extra signs; Gene Mullin had obtained his research from the 5/28/92 Page 6 AGENDA ACTION TAKEN 137 '--'~OOD AND WELFARE GOOD AND WELFARE League of Calif. Cities on there being 80% of Calif. cities having a City Manager form of government with the Manager doing the hiring and firing, and 20% being City Administrators and others that do not hire and fire Dept. Heads; on the Council endorsing the Measure - no, it has not; the minutes of 3/11/92 dealt with the appointment of a Council Subcommittee to prepare an argument, and there was discussion that if one voted for the Subcommittee to be formed it did not mean you accepted the product of that Committee's work and ends by saying City Attorney O'Toole stated that direction had been given by the Mayor to form the Committee and the argument would come back to the Council for approval; now if that vote had come back and there had been a majority vote recorded and became official -- it never came back to the City Council which the Committee had pointed out in the brochure; if it was the position of the City Council and arrived at outside of a public meeting it would be a violation of the Brown Act, and she didn't think they did that - they signed it as individuals; if the argument had come back it would have had a healthy debate because there were blatant misrepresentations and she had called the City Attorney, who had given her a copy of the election law because if there is a misrepresentation in an argu- ment it can be challenged through an attorney filing a writ of mandate which would cost $3,000, so the brochure addressed it instead; questions and insinuations that she hadn't signed the argument because maybe she was hiding her involvement -- that was not true, because the Committee picked five people that had worked the hardest on the campaign which was documented in the press; that this was her personal referendum -- not true, there were 2,600 people who signed the petition and it belongs to them; that a lot of the fire fighters live outside of this City and should not participate -- 5/28/92 Page 7 AGENDA ACTION TAKEN 138 ~OOD AND WELFARE GOOD AND WELFARE fire fighters live one-half of their lives in this City by virtue of being fire fighters, and people needing their service didn't care if they live here or not. She stated that there were comments that because this was a controlled committee we collect money, and put out hit pieces. She stated that there were hit pieces that hit her squarely, and there was one that used the name of a well known and respected Department Head, and she had gone in and asked if he had authorized the use of his name and knew it was going out. She stated that Jim had said no. She stated that on the back of their literature was a whole list of supporters for Measure D, and she wondered if they knew their name was going to be on a hit list. Mayor Penna asked the City Attorney when Mr. Yee would be sworn in. City Attorney O'Toole stated that it would be appropriate to do it at the next meeting. Councilman Drago responded to Vice Mayor Teglia's remarks: there is a saying that people who live in glass houses should answer the doorbell; he could not believe that the impression was not being made that we would no longer have a city manager form of government - that is absolutely false, it will still exist; that 80% of cities have a city manager form of government -- no one is questioning that, but does the manager do the hiring and firing in those cities; that the City Council has not endorsed this Measure -- the very fact that the names are there out front, and if you said the Council did not officially endorse it - he could buy that because of the filing deadline there wasn't time; we can play back and forth on words, and those two items are misrepresentations; 5/28/92 Page 8 AGENDA ACTION TAKEN. 139 ~OOD AND WELFARE GOOD AND WELFARE there are many different types of city manager forms of government; he did not buy her reason for not signing the argument. Mayor Penna ruled Mr. Tognetti out of order, and stated that when the Councilman was through speaking Mr. Tognetti could have the floor. Councilman Drago stated that he felt Mrs. Teglia's name should have been on the argument. He stated that they had made their points, and now it was time for the electorate to decide. Discussion followed between Councilmembers Drago and Teglia on city manager form of government, and why Vice Mayor Teglia did not sign the argument. Councilman Fernekes stated that the sta- tistics on city manager form of govern- ment were probably correct, but as Councilman Drago said, the question was the process. He stated that he thought the process used was very similar to the resolution just adopted to establish that process. He staed that it was not any ordinance, but the process that was used which includes Council input, as well as, the recommendation of the City Manager. He stated that one of the cities next door, Daly City, has a city manager form of government where Council is involved in the selection of department heads. Vice Mayor Te§lia stated that in S.S.F. the Council was involved prior to 1987 in hiring department heads, and there were good appointments, and there were some very bad appointments. She stated that San Bruno's Manager was a City Administrator and it was a city manager form of government. She stated that when this all started she had asked the Council not to take action, because emotions were rampant at the 5/28/92 Page 9 AGENDA ACTION TAKEN . 140 "--~OOD AND WELFARE GOOD AND WELFARE time, and to study other cities. Councilman Drago stated that he was sure that when the survey was done it included S.S.F. and San Bruno, and when this was all over he was going to research how many Councils were involved in the hiring and firing process. Mr. Tognetti apologized for his earlier outburst but Councilmember Drago's com- ments had made him explode, because anyone knowing of his honesty and integrity would never become involved in anything dishonest. He stated that they had so many working on the petition, that when they found they could only have five signatures they rewarded the hardest workers by making them signees of the argument. He stated that the Council had made a good selection, but when only two people had come forward he had put in his appli- cation but did not need the job. Councilman Drago stated that normally during an appointment, second and vote there was an opportunity for a unanimous vote - that opportunity wasn't given him, and he felt it should be. M/S Fernekes/Teglia - To renominate Bob Yee to fill the unexpired Council term. Carried by unanimous voice vote. Councilman Fernekes stated that he found it unfortunate that this forum was used to - he would not say attack, but the questions that were used to embarrass one of the candidates. He stated that that bothered him and he didn't think this was the appropriate form to do that, even though we can ask any questions that we wish. He stated that it was unfortunate and not right for the person who was before us, and it just seemed that this 5/28/92 Page 10 AGENDA ACTION TAKEN ~_ 141 ---fOOD AND WELFARE e Resolution calling a special election in the event the Council chooses not to appoint an Interim GOOD AND WELFARE one person seemed to be isolated and all the other candidates when they came before us - those questions were not asked and that was the Councilperson's prerogative. Vice Mayor Teglia stated that this was the only forum for that because she had had calls saying so and so had it sewed up, and a lot of stuff has been going on in the last few months. She stated that she hoped that now the Council would get back to business, but in fact the questions she asked were very relevant to that individual, and tomorrow she would give an affidavit to the Mayor who will file it with the City Clerk and incor- porate it into the record. She stated that she felt that was important to know and no other candidate put themselves in that position. Mr. Gene Mullin congratulated Bob Yee, and stated that he felt that the Council had made an excellent choice. He stated that the source of the data on city manager form of government was from the League of Calif. Cities. He stated that he had worked as a consultant in Sacramento when the issue arose, and he had posed the question to the officials there, and their response was that the city manager form of government has the hiring and firing as opposed to a city administrator or other type of government. Councilman Drago stated that even if Measure D passes, we will still fall under the criteria. Mr. Mullin replied no, he had asked the question and in those 80%, the hiring and firing rests solely with the appointed city manager. No action was taken due to the appoint- ment of Bob Yee to Council. 5/28/92 Page 11 AGENDA ACTION TAKEN 142 e Resolution - Continued. City Councilmember. A RESOLUTION CALLING A SPECIAL ELECTION TO BE CONSOLIDATED WITH THE NOVEMBER 3, 1992 GENERAL ELECTION TO FILL THE COUNCIL VACANCY POSITION PURSUANT TO GOVERNMENT CODE 36512 Closed Session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. ADJOURNMENT: Council chose not to hold a Closed Session. M/S Drago/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 10:05 p.m. ~ESPECTFULLY SUBMITTED, Barbara A. Battaya, City CK_~qrK City of South San Francisco ~l°'~' sMa~Y~anci sc~- 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. 5/28/92 Page 12