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HomeMy WebLinkAboutMinutes 1996-07-24Mayor Jack Drago Council: Joseph A. Fernekes Eugene R. Mullin -Iohn R. Penna Robert Yee MINUTES City Council ¥OL, Municipal Services Building Community Room July 24, 1996 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO JULY 24, 1996 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 24th day of July 1996, at 7:10 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Presentation of Police and Fire Department Citizen Awards. Dated: July 11, 1996 City Clerk City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Presentation of Police and Fire Department Citizen Awards. ,3" / a ..~ ACTION TAKEN 7:15 p.m. Mayor Drago presiding. Council Present: Council Absent: Fernekes, Mullin, Yee and Drago. Penna. City Clerk Battaya stated Councilman Penna in- formed her Office that he was unable to attend tonight's meeting. Fire Chief Stark presented Certificates of Recogni- tion and thanked the following individuals: Mario Garcia, Hector Garcia and Bill Pastor. Police Chief Raffaelli presented Certificates of Rec- ognition and thanked the following individuals: 7/24/96 Page 1 AGENDA ACTION TAKEN ,_~ ~ Presentations - Continued. ADJOURNMENT: Cindy Yuzon, Danilo Robles, Paulette Hargrove, Rita Benjamin, Thomas Cooper, Daniel Piedmont, Kathleen Aronson and Edward Mulgrew, however, Mr. Mulgrew was not in attendance to accept his Certificate. Mayor Drago thanked all of the participating indi- viduals for becoming involved. M/S Yee/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:30 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerkc~ City of South San Francisco APPROVED. / of South San Francisco _ he entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- tions, 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. 7/24/96 Page 2 Mayor Jack Drago Council: Joseph A. Fernekes Eugene R. Mullin John R. Penna Robert Yee MINUTES City .Council Municipal Services Building Community Room July 24, 1996 VOL. ,311 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: RESENTATIONS Proclamation - Childhood Lead Poisoning Prevention Week - July 21-27, 1996 &'o~ '7 Proclamation - Spare the Air '96 - Angela Rae, MTSMA ~--O 5~ 7 Certificate of Appreciation to Genentech - Peter Sister City - Pasig, Phillipines ACTION TAKEN 7:42 p.m. Mayor Drago presiding. Council Present: Council Absent: Fernekes, Mullin, Yee and Drago. Penna. City Clerk Battaya stated Councilman Penna in- formed her Office that he was unable to attend tonight's meeting. The Pledge was recited. Rev. Cynthia Smith, San Francisco Central Metro- politan Korean Church, gave the invocation. PRESENTATIONS Vice Mayor Fernekes read the Proclamation aloud and presented it to Doris Marquand of the San Mateo County Department of Health Services. Councilman Yee read the Proclamation aloud and presented it to Angela Rae. Ms. Rae related: the excesses of air pollution from cars and tail pipes; this program will educate employees to car pool or bicycle; requires a small amount of staff time; and she needs a S.S.F. representative to get the word out to employees. Mayor Drago spoke of the $20,000 given to Genentech employees to spend in the downtown area and presented the Certificate of Appreciation to Peter Yee of Genentech. Ms. Lucy de Luna presented a plaque to Council establishing the Sister City relationship with Pasig which represented brotherhood and was signed by 12 Pasig Councilmembers. Ms. Polly Cortez stated she went to Pasig with the 7/24/96 Page 1 AGENDA A_~TION TAKEN ,_~ /.,~. PRESENTATIONS C/CAG Work Program by Richard Napier Police Citizen's Academy Program by Police Chief Raffaelli AGENDA REVIEW City Manager Wilson Requested: - Remove and continue Item 6. ORAL COMMUNICATIONS PRESENTATIONS Sister City delegation and related highlights of the trip. Mr. Napier stated he is the Executive Director of C/CAG and spoke of the Solid Waste Management Plan and other State mandated plans. Police Chief Raffaelli described the program: it is to better the relationship with the community; to work on problems within the community; this was started by Jim Cooper of the Department for people 18 years and over; there are classes on gangs and dusting for fingerprints to explain away the myths of police work; after graduation the police have friends in the neighborhoods - those having completing the program; there are two classes held within a year; he presented a short video on the Academy. AGENDA REVIEW So ordered. Mayor Drago stated he had a speaker's card from Mr. Nobis and was moving Item 14 to be heard after Oral Communications. ORAL COMMUNICATIONS Mr. Patrick Nobis, 125 Aldenglen Dr., thanked Councilman Mullin and Vice Mayor Fernekes for coming to his house and seeing what happened to his property. He apologized for the rudeness of his neighbors wherein the City Manager, while on his deck, came within a few feet of being hit by the thrown leg of a chair. He described the stress creat- ed for he and his wife because of this situation and they do not want to go out on the deck anymore. He showed a short video to show Council what hap- pened since the last meeting wherein gallons of paint were thrown on his deck, on his many flowers and landscaping, there is a broken bird feeder and paint on his hand finished furniture, on the windows and some paint inside the house and in his wife's hair. He stated the paint cans were greatly dented from the force of the impact and rocks were thrown over the fence the day after the last meeting. He spoke in detail: he made a 911 call because they 7/24/96 Page 2 ORAL COMMUNICATIONS 7/24/96 Page 3 ORAL COMMUNICATIONS broke his bedroom window with a beer bottle; there was much activity before and during the 4th of July; on his anger over these attacks; the police are walk- ing the area and continuing the patrols, but the horse is out of the barn for every police report lowers the value of his and his neighbors' homes; the City had an opportunity to put restrictions on the new devel- opment and make disclosures of what these people are going to be facing, who buy in the new develop- ment and are subject to the Willow Gardens apart- ment dwellers harassment; he asked each of the Council if, knowing what they know now, would they buy his property or any of the homes in the new development. Discussion followed: Councilman Mullin stated Mr. Nobis has a beautiful home, but it would be outside his price range, but clearly it is a situation that is intolerable; he does not think anyone would buy there and having grandchildren he would never allow them to go on the deck; he expected a report from the Police Department to alleviate these prob- lems; Councilman Yee stated he could not answer the question and asked if Mr. Nobis is the only one being attacked; Mr. Nobis stated several people got up and spoke about their attacks, there is evidence in the Police Department of others being attacked, but why is Mr. Yee not willing to answer the question - would you buy a home backed up to the apartments; Councilman Yee stated he could not answer the question because he was not aware of other homes being attacked; Mayor Drago stated there were many options, however, Mr. Nobis was against the wall and wanted the Council to demolish the buildings; Mr. Nobis stated this has been going on for six years, the City Manager, Jesus Annas, stated it would be taken care of, yet he has been ignored; he did not care if there was a wall or not, he just wanted something done; Vice Mayor Fernekes stated no, he would not live there, but at one time he was going to purchase a home at the end of the street and then, found his house; he recognizes there is a problem; Mr. Nobis asked Council to ask the question again if they are to consider another project for that area; Mr. Nobis received a letter from a concerned and outraged citizen about the Council refusal to act upon the recommendation of the Planning Commission, Police and Fire Departments to provide a protective barrier ORAL COMMUNICATIONS ADMINISTRATIVE BUSINESS 14. Status report on Willow Gardens activity (oral re~'.~'zzO 'r port). ORAL COMMUNICATIONS between Susie Way houses and the adjacent neigh- borhood; etc. ADMINISTRATIVE BUSINESS Police Chief Raffaelli stated there were strategies the police are using and are going to use in Willow Gardens, however, he was not at liberty to get into those at this time. A number of years ago we saw the area start to deteriorate and we tried to get the landlords together and sent invitations to bring them together to develop a lease, evict people creating problems in the area and have an on-site manager. A few showed up, seven were there, we talked about the lease, but we could not get them together. The police have been walking the area to make the relationship better for it is transients, different kids, which makes it difficult. He related: April to June we enlisted Code Enforce- ment, the health officer and the landlords on the trash - to use the bags and cans with lids and we ended up utilizing the City Attorney's Office with the contacts; then had a clean-up sponsored by the Department of Economic Development; on October 5th we invited all the residents, 50 showed up, and discussed the topic of malicious mischief, curfews and alcohol consumption; on November 1 lth the police had a game against the explorers; on the 30th there was a follow-up meeting and only 26 residents showed up and they saw an improvement using the foot patrols; the primary purpose is to elevate the quality of life, contact the landlords and gain the trust of the tenants; as of today all of the landlords have been contacted; and he wished someone would tell the police who is throwing things into Mr. Nobis' yard; etc. City Manager Wilson suggested: getting the Eco- nomic & Community Development Department involved and going to property owners suggesting low income leases per the police suggestion; potential ordinances involve looking at a lighting and landscaping district and upgrade the facilities; however, if the property owners are not controlling their tenants in the buildings, garbage and graffiti then, the Council could take charge and start provid- ing those services and get the necessary persons to increase the patrols and do it through the tax bills; 7/24/96 Page 4 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 4. Status report on Willow Gardens - Continued. 7/24/96 Page 5 ADMINISTRATIVE BUSINESS another approach, relatively severe, but there is merit in using someone like Bridge and acquire title to one or more buildings and put it under a non- profit professional managing firm to supply housing; there would be a balancing of revenue and debt service and although severe, it is foolproof; there are two ordinances adopted by the State that the City Attorney will discuss; the ordinances are tools to deal with the tenants and put a strong obligation on the manager/owner to deal with the tenants or face penalties and it may be that Council wants to pursue more than one option. City Attorney Mattas explained: the carrot/stick approach where the owners have chosen not to be cooperative; an urgency ordinance can be brought to the next meeting for adoption and the focus of the ordinance is to place responsibility on the property owners for the tenants activities or in association with the property and the type of nuisance that can be regulated like the sale of narcotics, prostitution, criminal gangs and activities that annoy neighbor- hood properties and are illegal activities that Mr. Nobis said happened and the ordinance gives auth- ority; either it is corrected or the City goes through an administrative process for public nuisance which can include an administrative hearing; the Code Enforcement Officer or the Police Department will build the case for the nuisance and require actions to ensure the nuisance is not continued; could impose additional lighting and fencing and require profes- sional management services; Sacramento has civil penalties up to $20,000 and it can be an assessment upon the property; if the administrative process works against the owner he can always go into Court and have it overturned; he spoke of nuisances interfering with an owner's quiet enjoyment of his property; there was such a case involving a crack house and citizens sued in Small Claims Court to evict tenants for illegal activities; should seek owners input on the draft ordinance before it comes before Council; etc. Discussion followed: having input from the neigh- borhood and having the ordinance on the second meeting in August or thereafter; this can be an urgency ordinance at the first meeting in September; there are other activities that have not been uncov- ered, for obvious reasons, that will be on-going AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 4. Status report on Willow Gardens - Continued. COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Regular Meeting of 6/26/96 and Special Meeting of 7/9/96. 2. Motion to confirm expense claims of 7/24/96. Resolution approving Parcel Map 93-300 for the Mazzanti property and accept the dedication of Tennis Drive as a public street. ,50 $~9 A RESOLUTION AUTHORIZING APPROVAL OF PARCEL MAP NO. 93-300 AND ACCEPTING DEDICATION OF TENNIS DRIVE AS A PUBLIC STREET FOR THE MAZZANTI PROPERTY Resolution of award of contract for the Slurry Seal Program to Graham Contractors, Inc. in the amount of $31,487.85 as the lowest responsible bidder..5'080 A RESOLUTION OF AWARD OF CONTRACT FOR THE SLURRY SEAL PROGRAM TO GRA- HAM CONTRACTORS, INC. IN THE AMOUNT OF $31,487.85 AS THE LOWEST RESPONSIBLE BIDDER Resolution adopting findings on SC-96-035 Burger King Corporation at the Ramada Inn, 245 S. Airport Blvd. ADMINISTRATIVE BUSINESS during this period; demand security and the ordi- nance would be a backup; etc. COMMUNITY FORUM No one chose to speak. Mr. Gus Nicolopulos read a letter that outlined he and his family's four week trip to Lucca, Italy, his reception from the Mayor of Lucca and his presenta- tion of Sister City President Farmer's letter regard- ing any future plans the City of Lucca may have regarding S.S.F. The Mayor of Italy reiterated his strong desire to maintain a close, friendly relation- ship with S.S.F. and possibly in one and a half years from now Lucca is planning for a group of dignitaries and citizens to visit S.S.F. He presented Mayor Drago with a historical book about Lucca's Sister City program from Mayor Lazzarini. CONSENT CALENDAR Approved. Approved in the amount of $1,886,965.98. RESOLUTION NO. 113-96 RESOLUTION NO. 114-96 Removed from the Consent Calendar for discussion by Councilman Mullin to record a no vote. 7/24/96 Page 6 AGENDA ACTION TAKEN 3t7 CONSENT CALENDAR Resolution - Continued. A RESOLUTION GRANTING THE APPEAL OF THE PLANNING COMMISSION DECISION RE- GARDING CONDITIONS OF APPROVAL IMPOSED ON A TYPE "C" SIGN PERMIT RE- LATED TO CASE NO. SC-96-035 Resolution amending the Joint Powers Authority Agreement with the San Mateo Cable TV Authority (SAMCAT). A RESOLUTION AMENDING THE JOINT POW- ERS AGREEMENT FOR SAN MATEO COUNTY CABLE TELEVISION AUTHORITY (SAMCAT) Resolution establishing the tax rate for generating the revenue to pay the debt service for the Municipal Services Building for fiscal year 1996-97. 3'3 77 A RESOLUTION FIXING A SPECIAL PROPERTY TAX FOR FISCAL YEAR 1996-97 Resolution authorizing execution of an Owner Partic- ipation Agreement with Robert and Kathleen Giorgi for parcel exchange and parking lot development. A RESOLUTION APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE CITY, REDEVELOPMENT AGENCY AND ROB- ERT AND KATHLEEN GIORGI FOR PARCEL NOS. 012-335-590 AND 012-335-610 (S/E CORNER OF BADEN AND LINDEN AVENUES) Resolution approving ground lease between the City and Robert and Kathleen Giorgi for property on Baden Avenue identified as Parcel No. 012-335-600. A RESOLUTION APPROVING A GROUND LEASE BETWEEN THE CITY AND ROBERT AND KATHLEEN GIORGI FOR PROPERTY ON BADEN AVENUE IDENTIFIED AS APN NO. 012- 335-600 CONSENT CALENDAR Removed from the Agenda by the City Manager. RESOLUTION NO. 115-96 RESOLUTION NO. 116-96 RESOLUTION NO. 117-96 M/S Fernekes/Mullin - To approve the Consent Calendar with the exception of Items No. 5 and 6. Carried by unanimous voice vote. 7/24/96 Page 7 AGENDA ACTIQN TAKEN -.~ I~ Resolution adopting timings on SC-96-035 Burger King Corporation at the Ramada Inn, 245 S. Airport Blvd. ~q'O ~ A RESOLUTION GRANTING THE APPEAL OF THE PLANNING COMMISSION DECISION RE- GARDING CONDITIONS OF APPROVAL IM- POSED ON A TYPE "C" SIGN PERMIT RELAT- ED TO CASE NO. SC-96-035 PUBLIC HEARINGS 13. Public Hearing - To consider RZ-96-040 and Nega- tive Declaration No. 805 previously certified - re- classification to incorporate an additional site into the Genentech Research & Development Overlay District in accordance with SSFMC Chapters 20.39, 20.40 and 20.87; Conduct Public Hearing; adopt a resolu- tion approving Mitigated Negative Declaration No. 805 and Motion to waive reading and introduce an ordinance. ~o g'? A RESOLUTION APPROVING MITIGATED NEG- ATIVE DECLARATION NO. 805 RELATED TO AN AMENDMENT TO THE ZONING MAP OF THE CITY OF SOUTH SAN FRANCISCO RE- CLASSIFYING 636 FORBES BOULEVARD FROM PLANNED INDUSTRIAL (P-I) TO PLANNED INDUSTRIAL/RESEARCH AND DEVELOPMENT DISTRICT (P-I/R&D) AN ORDINANCE OF THE SOUTH SAN FRAN- CISCO CITY COUNCIL AMENDING THE ZON- ING MAP OF THE CITY OF SOUTH SAN FRAN- CISCO BY RECLASSIFYING 636 FORBES BOU- LEVARD (APN #015-232-250) FROM PLANNED INDUSTRIAL (P-I) TO PLANNED INDUSTRI- AL/RESEARCH AND DEVELOPMENT DISTRICT (P-I/R&D) RECESS: RECALL TO ORDER: 10. Public Hearing - To consider adoption of 1996-97 Fiscal Year sewer service charges and connection fees; Public Hearing opened on 7/10/96 and contin- ued; hear testimony; resolution adopting sewer rates, resolution establishing sewer connection fees and resolution adopting report of annual sewer rent- M/S Yee/Fernekes - To adopt the Resolution. RESOLUTION NO. 118-96 Carried by majority voice vote, Councilman Mullin voted no. PUBLIC HEARINGS Mayor Drago opened the Public Hearing. City Clerk Battaya read the title of the ordinance in its entirety. Director of Economic & Community Development Van Dyun gave the staff report: this building has two different tenants; there is a design concept of the campus; there are at least two other Genentech properties that will come forward in the future for a zone change. Mayor Drago closed the Public Hearing. M/S Yee/Mullin - To adopt the Resolution. RESOLUTION NO. 119-96 Carried by unanimous voice vote. M/S Fernekes/Yee - To waive reading and introduce the ordinance. Carried by unanimous voice vote. Mayor Drago recessed the meeting at 9:20 p.m. Mayor Drago recalled the meeting to order at 9:32 p.m. and all Councilmembers were present. Mayor Drago reopened the Public Hearing. Director of Public Works Gibbs related: this would raise rates for 1996-97, however, there was not a increase in 1995-96; the rates will increase from 12%-17% in order to get the Plant operational; etc. 7/24/96 Page 8 AGENDA ACTION TAKEN PUBLIC HEARINGS 0. Public Hearing - Continued. als and charges for Fiscal Year 1996-97. A RESOLUTION ESTABLISHING SEWER RATES EFFECTIVE FY 1996-97 AND AMENDING THE MASTER FEE SCHEDULE TO INCLUDE THE RATES A RESOLUTION ESTABLISHING SEWER CON- NECTION FEES EFFECTIVE FY 1996-97 AND AMENDING THE MASTER FEE SCHEDULE TO INCLUDE THE FEES A RESOLUTION ADOPTING REPORT OF AN- NUAL SEWER RENTALS AND CHARGES FOR 1996-97 PURSUANT TO CHAPTER 14.12 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE 11. Public Hearing - To determine whether or not the public health, safety or welfare requires the formation of an underground utility district on Tennis Drive; Conduct Public Hearing; motion to waive reading and introduce the ordinance. AN ORDINANCE ORDERING REMOVAL OF OVERHEAD STRUCTURES, WIRES AND FA- CILITIES AND INSTALLATION OF UNDER- GROUND WIRES AND FACILITIES IN THE TEN- NIS DRIVE UNDERGROUND UTILITY DISTRICT PUBLIC HEARINGS Mr. Stan Davis, President of the Chamber of Com- merce, stated the Director and City Manager met a week ago with the Chamber and they feel comfort- able with the rates and asked the City to proceed with the new rates. Mayor Drago closed the Public Hearing. M/S Yee/Fernekes - To adopt the Resolution estab- lishing the sewer rates. RESOLUTION NO. 120-96 Carried by unanimous voice vote. M/S Fernekes/Yee - To adopt the Resolution estab- lishing the sewer connection fees. RESOLUTION NO. 121-96 Carried by unanimous voice vote. M/S Yee/Fernekes - To adopt the Resolution adopt- ing the annual sewer rentals and charges for 1996- 97. RESOLUTION NO. 122-96 Carried by unanimous voice vote. City Clerk Battaya read the title of the ordinance in its entirety. Mayor Drago opened the Public Hearing. Director of Public Works Gibbs related: this action will underground the wires and remove the poles; this is to be completed by 3/1/97; the City is the only property owner affected in the City of SSF; this is at no cost to the City; the money has been budgeted for the removal of the street lights; the cost is $250,000; Cable TV will do their work and the cost is $75,000 for street lights; there are no polls along the long driveway. Mayor Drago closed the Public Hearing. M/S Yee/Mullin - To waive reading and introduce the ordinance. 7/24/96 Page 9 AGENDA ACTION TAKEN PUBLIC HEARINGS 1. Public Hearing - Continued. 12. Public Hearing - To consider adoption of an increase or change in fees charged by the City for Parks, Recreation and Community Services recreation fees, Police Department tow vehicle operator permits, Economic & Community Development Dept. permits, studies, and documents and Finance Dept. reports, publications and research; Conduct Public Hearing; adopt resolution amending the Master Fee Schedule. ,~377 A RESOLUTION AMENDING THE MASTER FEE SCHEDULE OF THE CITY OF SOUTH SAN FRANCISCO ADMINISTRATIVE BUSINESS 15. Resolution repealing Resolution No. 70-96 and re- ~ stating administrative leave for the City Clerk. ~'/g~' A RESOLUTION AMENDING COMPENSATION PACKAGE FOR THE CITY CLERK WHICH RE- PUBLIC HEARINGS Carried by unanimous voice vote. Mayor Drago opened the Public Hearing. Director of Finance Brooks outlined the changes in fees by Department. Discussion followed: Councilman Yee is concerned over the late pickup fee for child care and felt it should be so much per five minute increments; there are only a few that are the violators, however, some are 45 minutes late and it makes the staff stay later or take the child to the Police Department; Councilman Mullin did not want to see the parents be monetarily penalized due to a hang up on the freeway; he feels there should be accumulated penal- ty points and the parents can be disqualified from the program and he will vote against a dollar amount; Councilman Yee suggested implementing a fee on the second or third offence; City Attorney will draft that into the resolution; two times - a verbal warning and then a fee after maybe ten min- utes; City Attorney to change per consensus of Council; Mayor Drago asked if senior meals are subsidized; Councilman Mullin wants to know who gets a comp copy of the budget; other agencies, the press and schools get comp copies; the rational for the zoning ordinance going to $25.00 from $6.00; it is due to reprinting costs; why $30.00 an hour for Finance to do research; that, for example, is for a realtor asking for computer information being refor- matted on how many businesses are in town and the number of employees; etc. Mayor Drago closed the Public Hearing. M/S Mullin/Fernekes - To adopt the Resolution. RESOLUTION NO. 123-96 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Councilman Yee asked if the resolution covered three items. City Clerk Battaya stated no, the only thing it was changing is the additional 40 hours of administrative 7/24/96 Page 10 A~ENDA A~TION TAKEN ADMINISTRATIVE BUSINESS 5. Resolution - Continued. PELS RESOLUTION NO. 70-96 7/24/96 Page 11 ADMINISTRATIVE BUSINESS leave, for the prior resolution stated she must go before the Council for the additional hours based on the hours she puts in accumulating the second 40 hours of administrative leave. She stated she is not an employee in the common sense where an employ- ee goes to the City Manager to document the fact that he spent enough time to receive the additional 40 hours. Councilman Yee asked if items 2 and 3 part of the question. City Attorney Mattas replied, it is in the sense that the resolution also repeals Resolution No. 70-96 which the Council adopted a few months ago, which was the vehicle where you conferred upon the City Clerk 2% at 55 and the one time signing bonus. From that standpoint, to have the record complete, it is appropriate to have it included in this resolution, but she would not be receiving these again through this resolution. He felt the Council should have a document that fully reflects the compensation pack- age provided to the City Clerk or any other City employee, and by having this resolution repeal a prior resolution the records, in his opinion, would be incomplete without these items being included in the resolution. So, he would recommend that it stay as written, agreeable to the issue of the administra- tive leave. He stated benefits were provided to the City Clerk that were along the lines of the Executive Management Group, but she is not a member of the Executive Group. Councilman Yee stated, so, it is the intent that what- ever the Executive Management Group gets, the City Clerk gets, such as 2%, such as vacation and whatever. City Attorney Mattas stated prior resolutions, prior to the one being repealed, have indicated that the Clerk is to receive those benefits provided to the Executive Management. The Executive Manage- ment Group can get up to 80 hours, 40 of which is discretionary and is based on the City Manager's decision. The Executive Management Group cannot cash out the additional 40, so they need to use it. The proposal before Council this evening is to con- fer upon the City Clerk 80 hours per year of admin- istrative leave and to allow her the opportunity to AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 5. Resolution - Continued. 7/24/96 Page 12 ADMINISTRATIVE BUSINESS cash that out if she chose to, so it would be different in kind than what the Executive Management Group gets. He feels there is due respect to be given the City Clerk through her elected position and, in his opinion, it is not appropriate for her to come to the City Manager to get these 80 hours, for the Council should decide - not the City Manager. So, the real issue for the Council is 1) does she automatically get 80 hours, and 2) should she be able to cash it in for the full 80 or should she be treated the same way as the Executive Management that does not allow them to cash out the full 80 hours. The third issue is that the City Manager's employment contract does allow him to cash out the full 80 hours, that was a City Council decision as part of the negotiated contract with Mr. Wilson. Councilman Yee stated the question is whether we should increase the City Clerk's compensation an additional 40 hours and whether she has the option to cash that in. City Clerk Battaya stated it was very difficult for her to take comp time and get her work finished. Councilman Yee stated the real issue here is whether the City Clerk's compensation is equitable and he has never seen any kind of study to say whether we adequately compensate or over compensate this position. If we are going to do it, let's do the prop- er thing, because he does not know if it is fair, just because the City Manager's contract is negotiated for the so-called 80 hours, that we have to give the Clerk and other people the 80 hours. Mayor Drago does not feel that the City Manager has anything to do with this for we could terminate him tonight, because that is a hazard of the job. The 40 hours was negotiated in lieu of a salary increase and he doesn't feel it is fair to bring the City Manager into this at all because that is a sepa- rate contract and he can be terminated. City Clerk Battaya stated the adopted resolution says the Clerk will come before the Council to have the additional 40 hours authorized with her providing documentation for every hour she spends at Council meetings after working all day and the Council says AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 5. Resolution - Continued. 16. Resolution requesting San Mateo County Board of Supervisors use the San Mateo County Flood Control District as the funding mechanism to support the County-wide NPDES General Program. ,5-0 fi' 7 A RESOLUTION RECOMMENDING THAT THE SAN MATEO COUNTY FLOOD CONTROL DIS- TRICT IMPOSE CHARGES FOR FUNDING COUNTY-WIDE NATIONAL POLLUTION DIS- CHARGE ELIMINATION SYSTEM (NPDES) GEN- ADMINISTRATIVE BUSINESS yes we will give you the additional 40 hours because of the hours she has labored or no Council is not going to give it to the Clerk. Or the Council can trust the Clerk's judgment and allow her to cash out that other 40 hours if she cannot take the time off - that is the issue. Councilman Yee feels the issue is whether the Clerk is properly compensated. City Clerk Battaya asked if the Council wanted her to come forward with a package showing how much underpaid she is compared to all of her counterparts in San Mateo County. Mayor Drago stated that would be good. Councilman Yee stated he would like to see, with good numbers, the total package on whether the Clerk has equitable pay or not, because he cannot make a decision tonight and say yes, let's give her 40 hours just because the City Manager gets 40 hours. If the Clerk is underpaid the Council should know about that and we should also know if she is overpaid. Vice Mayor Fernekes stated the comparison should also be on like duties, because maybe another Clerk is doing more or perhaps Barbara is doing more, so there has to be some comparison. City Manager Wilson stated staff will attempt to do it by the next meeting. Mayor Drago directed staff to compile statistics on comparable cities, populations, duties and the likes and will continue this item. Discussion followed: this will enable the County to collect the funds; there is not a change in the rates; are there any performance standards showing the bay is cleaner; that is unknown; get the new Coor- dinator of this program, Mr. Davidson, to give the Council a presentation on this program. M/S Mullin/Fernekes - To adopt the Resolution. RESOLUTION NO. 124-96 7/24/96 Page 13 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 6. Resolution - Continued. ERAL PROGRAM 17. Resolution approving job specifications, unit designa- tion and salary schedules for various positions, p-oo& A RESOLUTION APPROVING PERSONNEL CHANGES RELATED TO THE ADOPTION OF THE 1996-1997 FISCAL YEAR BUDGET ADMINISTRATIVE BUSINESS Carried by unanimous voice vote. Director of Personnel Gonzales gave the staff report outlining the changes in positions: job specs and salary range for Assistant Plant Superintendent, Storm Water Management Coordinator and Source Control Supervisor; eliminate classification WQCP Operations Supervisor; approve salary change for City Engineer; approve reclassification of Senior Engineer Technician to Development Specialist and Associate Engineer to Senior Engineer; approve job specifications and salary ranges for Personnel Tech- nician and Personnel Analyst; approve salary ranges for Fire Education Specialist, Building Maintenance Supervisor, Park Supervisor, Garage Supervisor and approve Y rating for Public Works Supervisor. Mr. White stated he is a member of the Mid-man- agement Unit and was happy these upgrades reflect the good work these people have done, however, there are two that are negative changes. The Public Works Supervisor position was looked at in 1987 and at that time it was determined by the same person that did the study that the position was un- derpaid by 16% which led to a 12% increase, yet it was represented as 5 % and now they are saying the position can make less. He feels a Y rating is not fair to the position or the individual. He has worked with these two individuals every day and regardless of what you decide they will continue to offer to you superior services and between the two are 50 years of service. His group does not feel this is a fair and equitable way to treat the employees and this item should be dropped from the list. He feels there was no need to study the position to be Y rated or that the position should make less which is not in parity with other Supervisors. Mayor Drago asked if the results of the study were made available prior to the budget study. Mr. McAuley stated the group was presented infor- mation on just specific positions in the study and they were not given the full study. During the study session the Mayor posed a question to Mr. Nagel - was there any disagreement and he said two were not in agreement because he was told at the 7/24/96 Page 14 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 7. Resolution - Continued. 7/24/96 Page 15 ADMINISTRATIVE BUSINESS time by the Department, and not the Unit, of their disagreement with Mr. Oberhuber. He stated he would rather speak under a meet and confer basis, but that was not provided their group, for they are not treated like any other Unit and were not given notice to meet and confer. He asked the Council to remove this item from the resolution for he has a problem with Mr. Oberhuber and would like to sit down with him and the Personnel Director to discuss this in detail. Mr. Richard Irli stated this action tonight would not affect him personally, but would affect his depart- ment. He believes his department has the highest reputation in this County, but would not any longer with this resolution adopted and he was ashamed. Discussion followed: Councilman Yee asked how the City got to this point; City Manager Wilson responded, the practice has been that during the fall the Department will raise issues, as far as personal compensation is concerned; he in turn will discuss it with the Personnel Director and the impacted depart- ment head on why the recommendations are being made and then decide which have merit; Mr. Oberhuber takes the document and meets with the department head and sometimes with the individual, the recommendation is brought back and again re- viewed with the Personnel Director; it is much easier to just recommend increases; this is not a personality study; what is the relative position's value in the operations and in the greater market during the 1980s and 1990s for staff periodically reviews this; City Manager stated it was brought to his attention that these issues were raised various times before his arrival and at the last budget, when he came to town, they were deferred for one year and the consultant looked at all of the Supervisors for a recommendation; the results, once determined to be acceptable are individually discussed with the employees; it is his understanding that Mr. Nagel had discussions, but no further comment was raised until late in the game by the employees who did not get an increase and they brought it forward; because of the Y rating the employee will not get less than what he is getting now and a new person coming into that category will get less; the bench- mark cities were used in this comparison; the con- AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 18. Resolution adopting the 1996-97 Operating Budget and approPriating the corresponding funds. D'/2.0 A RESOLUTION APPROVING THE FISCAL YEAR 1996-1997 OPERATING BUDGET FOR THE CITY OF SOUTH SAN FRANCISCO AND ADOPTING CORRESPONDING APPROPRIA- TIONS ADMINISTRATIVE BUSINESS sultant has the Department review the recommenda- tion; these originate from the Department Head or the Supervisor as opposed to the meet and confer; the City Manager felt it was appropriate to rec- ommended the entire consultant's report; Mayor Drago, when he first saw the recommendation, felt the consultant was overly generous in his recom- mended percentage; the City would not need these reviews or adjustments if Department Heads did not allow their employees to work outside of their job specs; City Manager stated duties change and now they have to be certified for the spraying and any number of requirements that are above and beyond the job specs; Mayor Drago stated the job specs are changed every three or four years, yet doesn't staff build those in for every employee; why the 12% and then 5 % increase discrepancy; going along with reorganization the increases could go either way; changes in the job market affect salaries; elimination of the position in the WQCP and the two superviso- ry positions in Public Works being affected; would positions being over paid show up in next year's comparison; all positions are not studied yearly; Councilman Mullin's inclination is to go along with this for this year, but he believes there is validity in the meet and confer; he is uncomfortable with benchmark cities and would like to see a broader and greater comparison; Vice Mayor Fernekes wants the questions raised studied one year from now and be a reevaluation on the Y rated position; etc. M/S Mullin/Drago - To adopt the Resolution. RESOLUTION NO. 125-96 Carried by unanimous voice vote. Finance Director Brooks spoke in detail on the balanced budget before Council and thanked the Subcommittee, his staff of Allison Freeman, Dan Mosely and Rosa Freddie for their assistance. City Manager Wilson complimented the Finance Director on the budget. M/S Fernekes/Mullin - To adopt the Resolution. RESOLUTION NO. 126-96 7/24/96 Page 16 AGENDA ACTION TAKEN ----~ ~. '~ ADMINISTRATIVE BUSINESS 8. Resolution - Cominued. 19. Information report on the Chestnut Street alignment. ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 20. Closed Session pursuant to GC 54956, conference with legal counsel on pending litigation United An- glers vs. City of S.S.F. RECALL TO ORDER: ADJOURNMENT: ADMINISTRATIVE BUSINESS Carried by unanimous voice vote. Councilman Yee stated he asked for this item, we don't need a discussion, and wants staff to go back and redefine it with a detailing map. ITEMS FROM COUNCIL Councilman Yee related: he will be on vacation from 7/31/96 through 8/11/96; on the City Clerk's survey, he wants Mr. Oberhuber to do the survey and attend the meeting for discussion; he wants copies of the Police reports taken related to Mr. Nobis and his neighbors. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 11:08 p.m. to discuss the items noticed. Mayor Drago recalled the meeting to order at 11:18 p.m., all Council was present, no action was taken and direction given. M/S Yee/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 11:19 p.m. 7/24/96 Page 17 AGENDA ACTION TAKEN ~,.~ RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. ity o ~r ~go°u~hM;~° ~ t~tncis co The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- tions, 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. 7/24/96 Page 18