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HomeMy WebLinkAboutMinutes 1992-01-08 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 AGENDA REVIEW ORAL COMMUNICATIONS 5'15:) MINUTES City Council Municipal Services Building Community Room January 8, 1992 OOE07 ACTION TAKEN 7:31 p.m. Mayor Penna presiding. Council present: Council absent: Drago, Fernekes, Nicolopulos, Teglia, and Penna. None. Recited. Rev. Lindquist, Grand Ave. Baptist Church, gave the invocation. AGENDA REVIEW City Manager Armas stated that there were no changes to the Agenda. ORAL COMMUNICATIONS Mr. John Beckman, 1357 Hillside Blvd., stated that the new stop sign at Lincoln and Hillside Blvd. is a great help in slowing down traffic in the area, but was concerned that there was not an appropriate approaching sign to warn motorists. He stated that he had been in contact with the City Engineer and the Police, and had been told that when the County Highway Project was completed, the sign would be removed by the City. He stated that he had been told by the Police Dept. that the stop sign caused accidents, wherein he felt that accidents were caused by speeding vehicles, improper warning of the stop sign, and poor enforcement. He stated that two schools were in the area and there was not a pedestrian lane for the children to cross, however, if the warning sign was installed it would solve both problems. 1/8/92 Page i AGENDA -ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Motion to approve the Minutes of the Adjourned Regular Meeting of 12/11/91 and the Regular Meeting of 12/11/91. 2. Motion to confirm expense claims of 12/25/91 and 1/8/92. 3. Motion to waive fees for the use of the Municipal Services Building Social Hall on 5/15/92 by the S.S.F. Community Scholarship Assn. for their annual reception of outstanding high school graduates. 4. Motion to waive fees for the use .~0~1 of the Municipal Services Building Social Hall on 3/7/92 by the S.S.F. High School Band Guild for their annual dinner dance. Bm Motion to waive fees for the use 5OHI of the Municipal Services Building Social Hall on 3/28/92 by the S.S.F. Youth Baseball Managers Assn. ~6. Resolution approving plans and spe- cifications and advertisement for ACTION TAKEN 00208 ORAL COMMUNICATIONS Mayor Penna stated that Mr. Beckman's comments were dully noted, and directed staff to investigate and get back to Mr. Beckman. Councilman Nicolopulos stated that enemy talk was when people stop talking, and asked that staff work with the gentleman. COMMUNITY FORUM Vice Mayor Teglia asked to add two items under Items from Council: to get some better information on the impact to S.S.F. on the proposed passenger facility charge; and on concerns voiced to her on the Airport Insulation Program. CONSENT CALENDAR Approved. Approved in the amount of $2,110,480.69. So ordered. So ordered. So ordered. 1/8/92 Page 2 CONSENT CALENDAR Resolution - Continued. bids for the Orange Park RestroomSO~O Facility. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE CONSTRUCTION OF ORANGE PARK RESTROOM FACILITY Resolution authorizing installation of three-way stop signs at the intersection of E1 Camp, and Indio Drives. e A RESOLUTION AMENDING RESOLUTION NO. 3812, AS AMENDED, WHICH ESTABLISHES CERTAIN TRAFFIC REGULATIONS IN ACCORDANCE WITH CHAPTER 11.28 OF SOUTH SAN FRANCISCO MUNICIPAL CODE Motion to adopt an ordinance esta-~lC} blishing limits for the concen- ~ tration of chemicals in wastewater. AN ORDINANCE AMENDING SECTION 14.08.200 ENTITLED "WATER QUALITY CONTROL" OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE Motion to adopt an ordinance regu-~)~} lating public dance halls and 5~ot dancing. 10. AN ORDINANCE AMENDING CHAPTER 6.48 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE REGULATING PUBLIC DANCE HALLS AND DANCING Motion to adopt an ordinance on 5lb~ vehicles and traffic. SIO} AN ORDINANCE RESCINDING TITLE 11 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE ENTITLED "VEHICLES AND TRAFFIC" IN ITS ENTIRETY AND SUBSTITUTING THEREFOR A NEW COMPREHENSIVE TITLE 11 ENTITLED "VEHICLES AND TRAFFIC" CONSENT CALENDAR RESOLUTION NO. 1-92 RESOLUTION NO. 2-92 ORDINANCE NO. 1107-92 ORDINANCE NO. 1108-92 ORDINANCE NO. 1109-92 1/8/92 Page 3 AGENDA ACTION TAKEN 002,10 --CONSENT CALENDAR ADMINISTRATIVE BUSINESS 11. Resolution approving a lease with Homart Development Co. for tem- porary office space for the Conference Center staff. A RESOLUTION AUTHORIZING THE LEASE OF TEMPORARY OFFICE SPACE FOR THE CONFERENCE CENTER LEGISLATIVE BUSINESS 12. Motion to adopt an ordinance for a~l~} salary increase for City Council. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AMENDING CHAPTER 2.12 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO CITY COUNCIL SALARIES CONSENT CALENDAR M/S Fernekes/Drago - To approve the Consent Calendar. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Director of Conference Center Carl related that construction of the Conference Center was under way, and it was now time for the preplanning of operations, hiring of staff, and this lease would accommodate the staff. She stated that the lease was with Homart Development Co. in their 651 Gateway building for approximately 1,600 sq. ft of office space for fifteen months for a cost of $25,000 which includes minor electric and telephone work. She stated that there was a provision for a 90 day extension if needed at the same rate. She stated that the funding would come from Measure C funds, and this had been approved by the Conference Center Board. M/S Teglia/Fernekes - To adopt the Resolution. RESOLUTION NO. 3-92 Councilman Drago questioned when staff planned to move into the new quarters. Director of Conference Center Carl stated that would be on 1/20/92. Carried by majority voice vote, Councilman Nicolopulos voted no. LEGISLATIVE BUSINESS Vice Mayor Teglia stated that she had requested this at the last meeting. She stated that the State sets limits, however, the Council had to take action because it could only be done at the beginning of a new term or lose the option for the next two years. 1/8/92 Page 4 AGENDA LEGISLATIVE BUSINESS 12. Motion - Continued. ACTION TAKEN LEGISLATIVE BUSINESS She stated that she had been contacted by 4 people, two were in favor, one felt it would have an effect on taxes, and one was concerned that if she chose to go for higher office this would go against her - she had assured her it would not. Mr. Leonard Valdivia, 220 Bonita Ave., stated that he had always had a certain respect for public spirited individuals who serve on the Council, and appreciated their sacrifices. He stated that he understood that now the salary was $3,600 a year, plus $30.00 for each Redevelopment meeting. He stated that he would almost sit on the Council for the hospital, dental, and eye care benefits because the prices one paid for that were way up there. He felt that considering the economic times, it was the wrong time for a raise. He stated that had the public known that this was coming they would have voted differently in this election. He stated that he felt it a sad commen- tary on our Fire Dept. that there is not a person there competent enough to be Fire Chief. Councilman Nicolopulos stated that he had been the only no vote on this item, and explained that because these were austere times, important items such as raises should be examined carefully and with scrutiny. Mayor Penna stated that he had received two letters opposing the raise, and others that did not feel it was unusual in that the salary had not changed in 14 years. He stated that the medical coverage had been pointed out which he thought was equivalent to $150.00 a month or he thought that was the credit a Councilmember received in lieu of the benefits, and asked for clarification. 1/8/92 Page 5 AGENDA ACTION TAKEN 00212 LEGISLATIVE BUSINESS 12. Motion - Continued. LEGISLATIVE BUSINESS City Manager Armas explained that the Council is afforded the same health and welfare benefits as the Executive Management and work force, and they can accept the benefits, forego some or all of the benefits and receive the equiva- lent - which equals $400 a month. Mayor Penna asked if the Manager had the salaries of comparable cities in the area and if they were higher than S.S.F. City Manager Armas stated that the infor- mation was not provided tonight, but he understood that more cities had availed themselves of what is permitted under State Code, and for a City such as S.S.F. with a population of 50,000-75,000 the salary can be not more than $500. Vice Mayor Teglia thought the Daly City salary was up to $1,500 which did not include benefits, and they had given themselves a car allowance without any receipts at all - which this Council does not; and San Bruno was up to $380 which was more than this Council gets. Councilman Fernekes stated that he also received two notes opposed to the raise and then phone calls with mixed reactions on whether the increase was deserved. He agreed that times were bad, although not for him and the City family with people losing their jobs. He stated that he felt uncomfortable with a raise, even though it was deserved, when people were losing their jobs. City Attorney O'Toole stated that under the Government Code the only time a salary increase can take effect is at the beginning of a new term of office, and if it is not acted upon in a short time then it will have to wait for the next elec- tion to take effect. Motion by Vice Mayor Teglia - To intro- duce the ordinance. Motion died for lack of a Second. 1/8/92 Page 6 AGENDA ACTION TAKEN 00213 - ~TEMS FROM COUNCIL .13. Oral Committee reports. 13a. Request by Vice Mayor Teglia for concurrence that staff provide information on passenger facility ~)5~ charge by SFIA. 13b. Request by Vice Mayor Teglia for concurrence that the policy of no cost to residents engaging in the noise insulation program is still in effect. ITEMS FROM COUNCIL None given. Vice Mayor Teglia expressed concern over a suggested passenger facility charge of $3.00 per passenger leaving SFIA and its impact on the noise insulation program. She stated that this would allow liberal Federal noise standards. She wanted a consensus of Council to demand from the Regional Body, which is the Airport Community Roundtable, an analysis of the impact on Peninsula cities, especially S.S.F. Councilman Nicolopulos stated that it appears that assumptions were taking place, and he wanted staff to accumulate factual data on how this would affect the City. Mayor Penna stated that he had instructed staff to attend the Roundtable meeting this evening and report back to Council. City Manager Armas recounted Council direction: that the City of S.S.F. com- municate to the Roundtable that in con- nection with the noise retardation efforts that all the Peninsula cities support, that the Roundtable be asked to analyze the consequences of imposing this type of fee by the Airport. Consensus of Council - To direct staff to ask the Roundtable to analyze the con- sequences of imposing this type of fee by the Airport on affected Peninsula cities. .ce Mayor Teglia requested information on exactly what San Francisco would have to give up, and the effect on this City. She stated that there had been discussion at the last meeting of complaints con- cerning the noise insulation program, and the engineers were making decisions on large windows not being included in the insulation program. She stated that the 1/8/92 Page 7 AGENDA ACTION TAKEN --ITEMS FROM COUNCIL 13b. Request - Continued. 14. Motion to waive further reading and introduce an ordinance relating to the power to appoint City Depart- ment Heads (requested by Councilman Drago). AN ORDINANCE OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO AMENDING VARIOUS SECTIONS OF TITLE 2 AND TITLE 3 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO THE POWER TO APPOINT CITY DEPARTMENT HEADS ITEMS FROM COUNCIL program had been promoted as being without cost to the property owners and it was not that certain things had to be paid for by the owners. She stated that as of tonight it was still going on, and she wanted consensus of Council to direct the Manager to look into this and get the program back in place. Mayor Penna pointed out that the Roundtable meetings took place in Millbrae the first Wednesday of each month, and encouraged residents to attend and give input. City Clerk Battaya read the title of the ordinance in its entirety. Mayor Penna stated that he had four speaker cards on the item, and explained that five years ago this City decided through its Council to go from an admi- nistrative management form of govern- ment, where the department heads were hired and fired by the City Council, to a full management type of government where the hiring and firing was turned over to the City Manager with the exception of the Manager and Attorney. He stated that last year Councilmembers Haffey and Drago negotiated a new contract with the pre- sent City Manager which allowed for amongst other things a veto power by the Council based on a 4-1 vote, which means that if the Council opposed a Manager appointment by a 4-1 vote then the Manager would have to look for a new appointment. He stated that this ordinance tonight if adopted was actually in conflict with the Manager's contract, and because of that it was a government policy to discuss personnel items in a Closed Session, and the speakers would have an opportunity later to speak on the item. Councilman Drago stated that he was opposed to this Closed Session at this 1/8/92 Page 8 -ITEMS FROM COUNCIL 14. Motion - Continued. CLOSED SESSION: RECALL TO ORDER: ITEMS FROM COUNCIL time, and asked that this be done publi- cally, and he would chose to sit on the podium during the session. Council adjourned to a Closed Session at 8:20 p.m Mayor Penna recalled the meeting to order at 10:10 p.m., all Council present, no action was taken. Councilman Drago stated that he had ini- tiated this action and had a lot to say on the ordinance which the Council had already heard in Closed Session, and he wanted to present his opposition to the appointment of the new Fire Chief. He made reference to the San Mateo Times article, and stated that he could not walk away from one of his colleagues' comments in the newspaper addressed at him for meddling and fooling around with the Fire Dept. He stated that it hit a nerve with him that he didn't appreciate. He stated that bringing personalities into issues was an old political ploy, but for Councilwoman Teglia to have the audacity to accuse him of meddling and fooling with the Fire Dept. was beyond his belief, because if she called his moni- toring the quality of service provided by the Fire Dept. as fooling, then he won- dered what label he would give some of the continual background dealings going on in that same department with the Councilwoman. He felt the comments were uncalled for, and hopefully before the evening was over perhaps we will see if he would be sitting out there all along on this issue. He stated that he was initiating this action because of the recent appointment of the Fire Chief by the City Manager. He felt that the position he took last year dealing with this authority was compromised and gamesmanship took place. He felt that the City Manager's contract 1/8/92 Page 9 AGENDA --ITEMS FROM COUNCIL .14. Motion - Continued. ACTION TAKEN ITEMS FROM COUNCIL was quite specific and called for a Closed Session to take place. He stated that the contract read, "prior to ten- dering an offer of employment to an individual the City Manager plans to appoint to a position the City Manager agrees to share with the Council in Executive Session information relative to that individual's qualifications for the position. While confirmation of the appointment is not required, the Council by a 4/5s vote may express its objection to this appointment in which the appoint- ment shall not be initiated by the City Manager." He stated that there were members of Council that said we voted to waive this Executive Session at the 12/12/91 Council meeting which was the last public meeting before the holidays. He continued, if this was true then why was a memo sent to Council 48 hours later from the City Manager that read, "assuming I do not hear any objections, and therefor there is no need to hold a Closed Session to discuss it, I would plan to make that announcement public next week." He stated that the very next working day he submitted a written opposition and assumed as per the memo that a Closed Session would be held -- none was held, and five days later the appointment was announced in the newspapers. He stated that he received another memo on the 20th saying the City Manager had only received two objections on the appointment, and questioned how he could know that only two Councilmembers had objected to the appointment. He assumed the other Councilmembers either called in or wrote their approval. He detailed the recruitment process: the purpose was to fill the position of the retiring Fire Chief: original deadline for filing for Fire Chief was 9/6/91 at 5:00 p.m.; 29 applications were received; 1/8/92 Page 10 AGENDA ITEMS FROM COUNCIL 14. Motion - Continued. ACTION TAKEN ITEMS FROM COUNCIL Manager sent out a memo to the Fire Dept. saying he was not satisfied with the depth of experience and qualifications of the applicant pool having filed; the filing period was then reopened to 12/1/91; a personal letter was sent out to Fire Chiefs asking them to consider filing and to seek out those in their departments they felt qualified to file; Manager then decided to let eight of the 41 applicants take part in the assessment or Oral Board, three of which were from the original applicants and five were from the extension; neither of the top two finalists had filed by the 9/6/91 deadline; the Oral Board consisted of two Fire Chiefs, a City Manager from a neigh- boring City, and the Director of Economic & Community Dev.; two Fire Dept. employees came in third and fourth; Manager elected to only invite the top two finishers for a final interview and excluded the local candidates by not taking into consideration their local knowledge and ties to our community; with the letter of recommendation, the Manager listed exceptions he had made for the appointee - he had given the appointee permission to not move into the City until 9/30/92. He stated that with a commuting Fire Chief, one should consider what would happen if a disaster or emergency occurred for then the department would be run by the very officers that were not chosen for appointment, and when questioned was told that the Rules and Regulations allowed a person to live up to 75 miles away. He felt that the most clouded exception made was the waiving of the minimum edu- cation requirement called for in the Fire Chief's specifications. He stated that it was noteworthy because approximately three weeks before the filing date the Personnel Board was requested to hold a special meeting and the only item on that 1/8/92 Page 11 AGENDA ACTION TAKEN r'-ITEMS FROM COUNCIL .14. Motion - Continued. ITEMS FROM COUNCIL agenda was the modification of the Fire Chief's specifications on the existing education requirement. He spoke of the minutes of the Personnel Board meeting of 7/30/91 which stated that there were questions concerning the urgency of the item, and the Board motioned to keep the same education requirements. He believed that this appointee's application should never have been accepted, and felt the City Manager on his own or with the con- currence from some Councilmembers had overruled the Personnel Board ruling of 7/30/91. He questioned how many failed to file because of the needed education require- ment that now would meet the requirement. He felt that this was gamesmanship, and felt the Council should return to the City policy prior to 1987 and the selec- tion and termination authority should be returned to the elected officials. He stated that he was elected to use his experience, knowledge, and judgment to inform the public as to the basis of his objection to this appointment, and would introduce the ordinance. He rescinded the Motion until the public spoke. Mr. Steve Pieraldi, President Fire Fighters Union, responded to the newspaper article that assumed that there was a morale problem and if so there was an inefficiency problem which could not happen in their line of work because in the past few years morale had soared, and there was no morale problem. He stated that the Department depended on the Council and whatever staff to give them the best possible leader, and wanted the Council to keep that uppermost in their mind in any decision made for a candidate because they were the only resource; and they wanted someone that will do an exceptional job for an exceptional City. vice Mayor Teglia questioned if the Fire 1/8/92 Page 12 AGENDA .... ITEMS FROM COUNCIL 14. Motion - Continued. ACTION T A K E N DC)2 L9 ITEMS FROM COUNCIL Dept. had any objections to the process that had taken place and the selection of a chief, because she knew they had their own methods of checking out people that are presented. Mr. Pieraldi stated that the Fire Department was not a part of this process that has been in effect up to this time, and they were not privy to having the resumes and all of the qualifications. Vice Mayor Teglia stated that she did not ask that. She stated that she knew the department checked out the candidates using their own resources, and asked if there was an objection that had been stated to him. Mr. Pieraldi stated that he had contacted other departments that these individuals had come from, and had heard nothing objectionable, however, there had not been a union meeting. Discussion followed: Councilman Drago questioned if Mr. Pieraldi had been aware of the education requirement being waived; the response was that the Fire Dept. was not a part of the process, and respected the judgment of the people making the decisions; that Mr. Pieraldi had not been present at the Personnel Board meeting. Mr. Jake Jones, 12 E1Campo Dr., stated that he had lived in S.S.F. since 1940, was very proud of the Fire Dept., and had never missed an opportunity to vote and was up here to gripe. He stated that the last two chiefs, which he had nothing against personally, but he was tired of seeing them serve some time and then sell their homes and move out of the City - he felt they did not care about the City. He stated that there were qualified people for the job that had been born and raised in the City, went through the 1/8/92 Page 13 A6ENBA ACT'fON T^~" 00220 ITEMS FROM COUNCIL 14. Motion - Continued. ITEMS FROM COUNCIL paramedics and everything else, and should have a shot at the top. He questioned what incentive they had for promotion when this appointment would do away with four promotions. He felt it was time to consider the local people - rather than just at election time. Mr. A1Dimminger, 709 Park Way, stated that he had been a resident for 65 years. He stated that it was time that the power to run our City reverts to the City Council, and as far as the power of five - namely the Hydra, a mythical monster, mentioned by one of our Councilmembers in the paper -- we elected you as our representatives, and the two most impor- tant Dept. Heads such as Police and Fire Chief should be Council decisions. He stated that there were qualified employees who knew the City and were experienced, and he was firmly supportive of hiring in-house to allow subservient positions to get ahead. Vice Mayor Teglia asked the Manager to comment on his overruling the Personnel Board. City Manager Armas explained: that in a recruitment process we outline education and experience; the language in there indicates the equivalent of it - it never specified the obligation; in the case of the Fire Chief position we relied on similar language quite sensitive of the notion of 20+ years of real live experience; with that in mind, in this instance he believed the individual will or has already satisfied the qualifica- tions of education; he did not waive or bypass regulations; he invited the best individuals to be considered; if you can demonstrate that someone inside the orga- nization is definitely superior - you can be proud of that fact, that someone has withstood competition; in his tenure he had the fortunate or unfortunate oppor- tunity to appoint many department heads, 1/8/92 Page 14 AGENDA ACTION TAKEN %TEMS FROM COUNCIL .14. Motion - Continued. ITEMS FROM COUNCIL and had given careful consideration to their qualifications when he did an open recruitment, which was the case here, it was never the intent to forego con- sideration of the in-house people which was the case in a recent appointment to give the community the benefit of con- sidering the best candidates. Vice Mayor Teglia spoke to the larger television audience because she didn't feel the people in this room would find what she had to say worthy. She related the following: the issue of whether or not the City Manager had the authority to hire and fire was something this Council faced some five years ago; at the time we were losing a veteran City Manager that had brought a tremendous amount of stability to this community; before Mr. Birkelo's tenure this City had a bad reputation for chewing up its personnel with a very quick rotational period of 6-18 months which had a detrimental affect on this community; at the time the Council became aware that competent, capable managers to fill Mr. Birkelo's position would not apply to a City with the checkered history S.S.F. had, and one of the problems was the political involvement of the Council in the day-to- day affairs of the City; Council was told to seriously consider allowing the City Manager, as Chief Executive Officer, the authority to hire and fire the management team for the smooth running of the City; the Council would hire the Manager and make him responsible for the smooth running of the City; she was the third vote of a 3-2 vote for it; she wasn't sure she liked giving up the power, wasn't sure how it would go, but thought it was the right way to go for the professionalism of this City and sup- ported it; she felt that the people that had been hired by the Manager were excellent; things were being done to erase the City's bad image; Council tried 5 years ago to take this City away from 1/8/92 Page 15 AGENDA ACTION TAKEN ~TEMS FROM COUNCIL .14. Motion - Continued. ITEMS FROM COUNCIL an era of patronism, of political meddling where a dept. head responded to five bosses, and the evaluations didn't work by the Council because they were like 5 separate bosses; the Council didn't have a gauge to evaluate the dept. heads because of the varied levels of expertise; so they were evaluated on per- sonality and politics; Council wanted to obtain the best available professionals for the position; if openings occurred in-house people could compete and promo- tions from within, however, the Council was not here to provide a crack at the gravy at the top for them. She She stated that with respect to the newspaper article she was sorry she hadn't kept her mouth shut, however, she came home two days before Christmas tired from shopping and got a call from a reporter and was told of all the things Jack was going to do to undo a process that had been in place since August which the Council had approved. She continued, to the extent that it was clear that the Fire Chief might very well be fire, not for something he had done but Jack had not met him,; tat the City Manager's job might very well be on the line at a time when this City cannot afford that kind of internal strife; when we are faced with disruption by projects that are going belly up left and right and need a mana- gement team that is familiar with those projects, is our brain trust, and has to deal with this during the coming year. She stated that when she goes to war she wants to know she has the talent behind her to back up what she needs to do in jeopardy. She stated that all that came out and she could not apologize for that because things were not true. She stated that she had made some com- ments about the good old boys and somethings they used to do, like there 1/8/92 Page 16 AGENDA ACTION TAKEN 00223 ---ITEMS FROM COUNCIL .14. Motion - Continued. ITEMS FROM COUNCIL were times when the dept. head was picked in the local coffee shop. She said we don't do those things anymore - which she was proud of. She stated that with respect to the meddling, it was well known that in the six years that Jack had been on the Council it was no secret that he was an incredible memo writer, and many of them were aimed at the Fire Department. She stated that every decision the Fire Chief made from t-shirts to caps to management meetings to equipment - it was like having a second Fire Chief. She con- tinued, everyone lived with it and made excuses - well it all came out, and she can't apologize for it and would not. She was sorry it occurred because it made things difficult for the Council. She stated that with respect to the Fire Chief appointment: one of the things was the credibility of this City; in August the Council was informed that the Manager intended to open up the selection process for professional reasons; her concern was that our own people would have an oppor- tunity to compete - that was guaranteed; she did not think they were in a position to guaranty our people just because they are our people, the top slot; there are 4 Battalion Chiefs and an Assistant Fire Chief, obviously all of them are not going to be made Chief and maybe the City needs someone other than them to be Chief because the City needs better than that; rumors were that tests were given and our people came in first - that is not true; there were 75 points between the first and the fourth, and there were two people tied for fourth; Council had allowed other Dept. Heads to put their affairs in order when they made plans to move to another community; with respect to educa- tion - that issue was brought to the Council on the AA degree and the equiva- lency; there was no objection in August from anyone; the Manager has the author- 1/8/92 Page 17 AGENDA ACTION TAKEN --ITEMS FROM COUNCIL .14. Motion - Continued. ITEMS FROM COUNCIL ity; the last recruitment that was open, a local boy had been selected; she felt that what was happening tonight was incredibly political, it was an effort to go back in time; some wanted to have more involvement in the process; she did not think this was good for the community and thought it was a real sad moment. Councilman Drago stated that Roberta com- mented on how Mr. Birkelo brought stabi- lity to this City under the ordinance being considered tonight - so if it was so impossible to work under, how could he bring stability. He stated that this same ordinance being considered was changed on a 3-2 vote, and the statistics do not back up her statements. He stated that in the last five years there was more movement in department heads under the existing condition. He stated that they were talking about two qualified people -- if you take Oakland and compare it to S.S.F. -- for a new Chief, Oakland went to Maryland, why, because there are major problems in Oakland. He stated that if he was sent a letter asking him to recommend someone, it would be very easy for him to recommend someone. He stated that someone dropped off a newspaper article with a picture of Bob Green, Fire Fighter of the Year, and at the top it said, "Great job Bob, but Jesus says you can never be Chief." He did not feel we had to go to Oakland for qualified people when there is no disaster planning in the City of Oakland. He stated that Herb Cain said it well when he said Oakland was a good place for the bay bridge to end. He continued, as far as educational requirements for Dept. Heads - if it is not important, let's pull it out -- why do we require a Masters Degree for librarians when a Fire Chief doesn't have to have an AA. He stated that there were two good people 1/8/92 P~ge 18 AGENDA ACTION TAKEN ~TEMS FROM COUNCIL 14. Motion - Continued. ITEMS FROM COUNCIL in the Dept. with 20+ years of service, that had probably been offered other jobs but like this City - and they don't have to come across the bridge. Vice Mayor Teglia questioned why an objection was not made in August when there were such qualified people in the Dept. to the Manager so he could have dealt with it, because there was either competition or not. Councilman Drago stated that this was not talking about people going out and qualifying, competing with other people that the outside boards come and rate, he was saying that if three people were qualified people, then the inside person should get the job. He stated that he was not playing politics - this is something he strongly believed in, and the reporter had quoted him correctly. He stated that our own Police Chief was hired under this proposed system and is still here, and he wanted to continue the system in-house. He stated that he was amazed that letters were sent to other cities Chiefs for recommendations while he sat on the Council with 33 years experience and had served as Chief, and he had said we have two qualified people -- it was like he didn't come off the plane with a brief- case. He stated that he had not had an opportunity to object because an Executive Session was not held to express his views. He stated that Roberta had made her com- ments in the paper and was forced to defend them now. He stated that he would have upheld the agreement if he had his day in Court, but he felt cheated, that the agreement was violated, so he had no other way to stop this other then to agendize it tonight. He stated that we have something good in our own backyard, so why go to Oakland. 1/8/92 Page 19 ~ENDA ACTION TAKEN 1TEMS FROM COUNCIL .14. Motion - Continued. ITEMS FROM COUNCIL He stated that the memo from the Manager dated 9/12/91, which he had just seen, did it for him -- how would anyone feel with receipt of this after Russ Lee and Ron Sciandri applied, "...I am not satisfied with the depth of experience and qualifications reflected..." Discussion followed on points already raised. Councilman Fernekes stated that he was still uncertain about the education requirement because the flyer said an AA degree, and questioned if that was changed or was waived. City Manager Armas stated the requirement was not waived, that there is an equiva- lency process of satisfying the education requirement which had been looked at. He stated that the candidate he selected had communicated in writing and he did not believe that the education provisions were lacking. He would also note that the purpose for going to the Personnel Board was two fold since it is not uncom- mon for the specifications to be over 10 years old. He stated that his recollec- tion was that rather than to modify them it was to clarify them because one sec- tion required a BA and elsewhere an AA, and it says that can be disregarded and he wanted consistency. He stated that the Board felt it was better to keep the status quo. Councilman Fernekes stated that Roberta had mentioned something being brought up in Closed Session. Vice Mayor Teglia stated yes, before the election because this started in August so it was in place and moving, there was a question having to do with the AA and the language in the pamphlet that mentioned equivalency. Councilman Drago stated that he had a 1/8/92 page 20 AGENDA ACTION TAKEN '-'ITEMS FROM COUNCIL 14. Motion - Continued. ITEMS FROM COUNCIL copy of the revision given to the Personnel Board on July 30th, which blocked out the education and experience - which even that would open it up to all. He stated that the Board felt adamant on the education requirement, and if it is so clear today that it is not needed, why did anyone go to the Board. Vice Mayor Teglia read the pamphlet, and said that the Council accepted the equivalency. She stated that if there was a problem it should have been expressed, and felt the lack of perfor- mance was not staff or the Manager's - it was on the part of the Council. Councilman Drago spoke of a memo from the City Manager dated a couple of days ago that responded to his questions related to educational requirements, ...In this instance the specifications were pre- sented to and subsequently approved by the Personnel Board..." He stated that they were not. He continued, ..."You will remember that about two years ago the Council modified the Rules and Regulations to permit the Personnel Board to deal with modifications to existing classifications where the Council is involved in approving the modifications for the classifications." He did not believe that was correct either. He stated that he believed that if the Council went back two years and looked at it - he could not believe this Council would give up that type of authority. He believed that it said minor modifica- tions, and he did not call the Manager's Office going to the Personnel Board to try to delete educational requirements for Dept. Heads as a minor modification. He could not believe that the Council would approve that, and fortunately the Personnel Board did not change the Rules and Regulations for the education requirement, and the Council did not abide by their decision. 1/8/92 Page 21 ~ITEMS FROM COUNCIL 14. Motion - Continued. ITEMS FROM COUNCIL He spoke in depth of having or not having a degree when one made application for an appointment, and when achieving the degree after application was made - then the applicant should not have been accepted because it cast a shadow on the whole process. Councilman Fernekes stated that he was the one who felt the Council should have input in the process, and he did not agree with a 4/5s vote and could not sup- port it. He stated that he came from a different form of government wherein the Superintendent made a recommendation which the Board accepted or rejected by a simple majority vote, and the system worked. He stated that the City needed a process that goes from one Dept. Head to the next where everyone is treated fairly, and the end result will bring in the top person. He stated that Council repre- sented the public and should have input, and with the City Manager form of government somewhere there should be a happy medium. He stated that he would support moving in that direction, and did not know if the ordinance was the correct way, but the Council needed a say in the process of hiring and firing. He stated that if there had been such a process this item would never have gone to the newspapers. He stated that he felt more people should have been interviewed, but the Manager's decision was for 2 not for 4. He felt the process should be consistent and not arbitrary where there are 2 this time, and 4 the next. He stated that he was also uncomfortable about the article reference to the Closed Session, and his recollection was that they were asked, do we need to have another meeting, and all five Councilmembers said no, not necessary 1/8/92 Page 22 A6ENDA ACT'ION TAKEN 00229 ~ITEMS FROM COUNCIL .14. Motion - Continued. ITEMS FROM COUNCIL unless there is an objection. He con- tinued, when we got the paper work to review on the candidate, then we were called and asked if we could support the Manager's recommendation. He stated that at that time he had not heard from the other Councilmembers, but there was strong opposition from one and a second one. He did not feel that he had all the facts, and that made him very uncomfor- table. He stated that he believed in the simple majority vote even though that was incon- sistent with the Manager's contract, but hopefully that could be worked out with Council input or have the Council see the candidates before being hired. He stated that he believed in pro- fessional growth, and in fairness in the recruitment process. He stated that if an individual in the department does not make it - is found lacking, then he wanted to know why, so the Council could decide what to do about it in the future. He stated that he had started at the bot- tom and had risen to the top and believed in the process. Mayor Penna stated he had always been supportive of someone from the inside being appointed after bringing people from the outside in for comparison. He stated that the brochure specifically indicated an educational requirement, and he knew there was a person on the inside that had real high qualifications in that field. He stated that he had seen the memo of September 12th and had interpreted that memo to mean that he was not looking at someone from the inside and was going to expand on the application pool to see who else was out there. He stated that in the contract nego- 1/8/92 Page 23 AGENDA ACTION TAKEN 00230 ITEMS FROM COUNCIL 14. Motion - Continued. ITEMS FROM COUNCIL tiations between Councilmembers Drago and Haffey, and the Manager it specifically called for a 4/5s vote of the Council in an Executive Session -- that never took place. He stated that it was asked by the Manager and himself in the Closed Session on whether or not we should have another session to review it, and the response was to just send a memo on the application and if we oppose it we will contact you and then if there are four people who oppose it we will call a meeting. He stated that he had some very serious concerns and voiced them, but never had the feeling there were four votes, so there was no need for calling another meeting. He stated that the Council had a divided situation that was not going to do the City or the Council any good. He stated that when he was called Christmas Eve with a party going on and was asked if he was happy with the decision, he said no, but it appears to be reasonable . He stated that the Council had to decide what direction it was going in, and so the battle has taken place, it is over, and it's time to regroup and try to come together to try to do something construc- tive for the people of S.S.F. that elected the Council. He stated that there were many things to be faced in the next several weeks, and he thought the Council should put this over to the next meeting and have more discussion. He stated that he was involved in the City Attorney recruitment and knew the inten- sive amount of time it took, which he as a businessman did not have the time to do. He stated that he was here for pleasure and to serve the City, but it should not occupy all of his time. He stated that the Council was the policy making body, and staff carried out those policies. He stated that this required more 1/8/92 />~ge 24 AGENDA ACTION TAKEN --ITEMS FROM COUNCIL .14. Motion - Continued. ITEMS FROM COUNCIL discussion on having a simple majority vote rather than the 4/5ths vote. M/S Drago/Nicolopulos - To waive reading and introduce the ordinance. Motion withdrawn. M/S Drago/Nicolopulos - To waive reading of the ordinance. Carried by unanimous roll call vote. M/S Drago/Nicolopulos - To introduce the ordinance. Vice Mayor Teglia stated that what was happening was that this was being intro- duced, there would be a second reading, and the ordinance would take effect in 30 days. She questioned if the person had been hired because this would have an affect on the appointment of the Fire Chief. City Manager Armas stated that relying on the comments made to him by Council and receiving two Council objections, he had tendered an offer of employment which the individual had accepted. He stated that if the Council was moving in a different direction we would obviously have to deal with the consequences of that if the ultimate decision is to move in another direction. He stated that in light of Council discussion he felt he needed to have a frank discussion with that individual to let him know the situation that confronts him. He stated that for the City there were some potential ramifications, and he needed to make the individual aware of that. Councilman Fernekes stated that he wanted to qualify his yes vote: he wanted to see a process; believes there needs to be a change, but the Council had two weeks 1/8/92 page 25 AGENDA i 'iTEMS FROM COUNCIL 14. Motion - Continued. ACTION TAKEN 002 2 ITEMS FROM COUNCIL before adopting the ordinance; feels that a subcommittee should be formed to deal with a simple majority vote process that he could be comfortable with, other- wise in two weeks his vote would be no. Carried by majority roll call vote, Vice Mayor Teglia voted no, and stated that this would set the City back 20 years, and didn't think that was a good process for this City. Mayor Penna asked that Councilmembers Drago and Teglia serve on the subcommittee. Councilman Drago asked the Mayor to direct the City Manager to invalidate his appointment of Fire Chief. Mayor Penna asked the City Attorney if he could do that. City Attorney O'Toole stated that the Mayor could ask what he wanted, but the City Manager had certain rights under his contract that could not be violated, but it was appropriate to ask whatever the Council wishes. Councilman Drago stated that he was asking the Mayor, in lieu of a vote, to direct the City Manager and of course would need a majority of Council to go along with it. Councilman Nicolopulos questioned parli- mentary procedure - if this was proper, since it was not on the agenda. City Attorney O'Toole thought that if the Council was going to take a vote on an issue not on the agenda, there are cer- tain provisions in the Brown Act that allow a 4/5s vote of Council to add something to the agenda if it came up after the agenda was published and is an emergency situation. He stated that given the fact that Mr. Stark is sche- 1/8/92 Page 26 AGENDA ACTION TAKEN 00233 :r"-ITEMS FROM COUNCIL .14. Motion - Continued. ITEMS FROM COUNCIL duled to begin his employment on Monday, this may very well be one of those cases but it would take a 4/5s vote of Council to agenda that tonight and a declaration of the emergency. He stated that he believed that would be the impending beginning of the employment. M/S Drago/Nicolopulos - To agendize having the City Manager rescind the ~appointment of the Fire Chief and declaring that it came up after the agenda was posted and is an emergency. Mayor Penna called for a roll call vote. Councilman Fernekes reiterated that he was uncomfortable, a process had been set, a contract had been offered and had been accepted; and there were legal rami- fications. He stated that there were all kinds of factors that were not know because if we call this special vote and rescind this it means the process starts all over again and its 3 or 4 months. He was uncomfortable, but he was hearing the majority of Council that wanted the vote, so he would vote yes. Councilman Nicolopulos questioned if there was anything illegal in what was taking place tonight. City Attorney O'Toole stated no, he did not think the Council was acting ille- gally this evening, but the City Manager had the authority to appoint and has made an appointment. He continued, what the Council is doing came up after the posting of the agenda, the other is a request to make that offer - if he does not honor the request that is another matter. Carried by majority roll call vote, Vice Mayor Teglia voted no. City Attorney O'Toole stated that now there would be a motion to request that 1/8/92 Page 27 AGENDA ACTION TAKEN ---ITEMS FROM COUNCIL 14. Motion - Continued. CLOSED SESSION: RECALL TO ORDER: ._.GOOD AND WELFARE ITEMS FROM COUNCIL the City Manager rescind his offer of employment, and there may be some legal implications to that so you should take a moment to discuss it in Closed Session before the Motion. Council adjourned to a Closed Session at 11:40 p.m., to discuss the personnel matter. Mayor Penna recalled the meeting to order at 11:52 p.m., all Council present, and stated that they had met and agreed to continue the matter to a Closed Session at 4:00 p.m. on 1/10/92 at City Hall for the Manager to provide more information. He stated that on the Subcommittee that had been formed, he had asked Fernekes to serve with Vice Mayor Teglia and report back at the next Council meeting. GOOD AND WELFARE Mr. Jake Jones thanked the Council for their vote tonight, and noted that the Council majority system had worked very well for the last 75 years and was a good system. He stated that the Council of today didn't have to hustle and bustle to get a tax base because of what their pre- decessors had done. He stated that any Councilmember that felt he didn't have the time to do the job - well, there were four others that he had polled that would do the job. Mr. Joe Terran stated that he had been a S.S.F. firefighter for 28 years and knew most of the Council personally, and there was one he had worked for for many years. He stated that the City Manager came around and for hours explained to each person personally his process for picking the Fire Chief and had written down all the firefighters comments. He stated that there were no surprises - he worked out what we wanted 1/8/92 Page 28 AGENDA ACTION TAKEN 00g$5 ~TEMS FROM COUNCIL .14. Motion - Continued. ADJOURNMENT: ITEMS FROM COUNCIL in a Fire Chief. He picked a man, all of a sudden tonight you are saying he is not qualified. He stated that he was not saying they wanted an in-house or an out-house person - only that they had gone through the process. He stated that there was little senority of employees in the City and he with Chief Datzman were two of ten employees with senority, and was concerned how the rules were being changed and games were being played. He stated that he had five or six bosses and would get one more before he retired. He stated that he was embarrassed by what was going on: there had been a process, Mr. Stark was offered the job and quit his Oakland job. He felt that the City was opening itself to libel and lawsuits. He stated that the City Manager was on the line, and he hap- pened to like him and felt he had done a good job. He asked the Council to get together and so we know what the rules are. M/S Nicolopulos/Fernekes - To adjourn the meeting to Friday, 1/10/92, at 4:00 p.m., City Hall, Council Chambers, 400 Grand Ave., for the discussion of the personnel matter. £arried by unanimous voice vote. Time of adjournment was 12:00-a.m. RESPECTFULLY SUBMITTED, ~aya, City C~l City of South San Francisco · lnhn R.'KPenna,~yor ' City of Sou~h San"~rancisco The entries of this Council meeting show the action taken by the City Council to dispose ---gf an item. Oral communications, arguments, and comments are recorded on tape. The tape lnd documents related to the items are on file in the Office of the City Clerk and are ~vailable for inspection, review and copying. 1/8/92 Page 29