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HomeMy WebLinkAboutMinutes 1992-02-12 Mayor John R. Penna Council: Jack Drago Joseph A. Fernekes Gus Nicolopulos --Roberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION: PRESENTATIONS Proclamation - American Heart Month February 1992 AGENDA REVIEW ORAL COMMUNICATIONS MINUTES City Council Municipal Services Building Community Room February 12, 1992 28! ACTION TAKEN 7:31 p.m. Mayor Penna presiding. Council present: Council absent: Drago, Fernekes, and Penna. Nicolopulos, and Teglia. City Clerk Battaya stated that her Office had been notified that Councilman Nicolopulos was ill, and Vice Mayor Teglia was on vacation and unable to attend tonight's meeting. Recited. Rev. Iderda, St. Paul's Methodist Church, gave the invocation. Mayor Penna read the Proclamation aloud and presented it to Ms. Deborah Byrne, Ms. Alice Bulos, and Mr. Armando Villaneueva of the American Heart Assn. E1 Camino Branch. AGENDA REVIEW City Manager Armas stated that there were no changes to the Agenda. ORAL COMMUNICATIONS Ms. Margaret Pierson, Art Rise, announced that Art Rise would begin their 5th year of production on 2/29/92 with "The Dance and the Railroad" followed by dessert offerings. She stated that the perfor- mance would run through 2/29/92. Mr. Lyle Eklof, 212 Indio Dr., expressed his support of the power to appoint and dismiss being returned to the City Manager. He stated that he recognized that a City operation is more efficiently 2/12/92 Page 1 AGENDA ACTION TAKEN )RAL COMMUNICATIONS 51 $ 282 ORAL cOMMUNICATIONS operated when there is a complete separa- tion of duties -- that the Council sets a policy and the City Manager employs that policy. He stated that he had been satisfied over the years in following the E.J. on the City Manager's performance. He encouraged citizens to become involved in the issue and learn more about it because he was involved circulating a referendum petition which many people supported. Ms. Diane Smith, 3900 Crofton Way, stated that she had a speaker card in for Item No. 15, but chose to speak now because the subject had been introduced. She prefaced her remarks by saying that 20/20 hindsight was all a citizen had in that a citizen could not speak to the issue as it was presented at the 1/8/92 and 1/22/92 meetings. She proceeded to read her comments into the record, and asked that they be incorporated into the record of the meeting (a copy is attached and a permanent part of the record of this meeting). Mayor Penna stated that Oral Communications was for items not on the agenda and had not realized that the second and third speakers were discussing an agenda item, and if anyone else wished to address the issue they should wait for Item No. 15. Mr. Alvaro Bettucci, 609 Rocca stated that he represented the Italian American Citizens Club, and related the following: the Club had been meeting with Parks & Recreation for the Games No. 7 to be held 9/26-27/92 through the week of 10/3-4/92; there would be competitive games in bad- minton, bike racing, two types of bocci ball, bowling, golf, iO-K run, trap shooting, and volleyball; five cities from Italy had been invited to attend and participate; the games were open to all athletes of whatever age; there would be a classical performance performed by 2/12/92 Page 2 February 7, 1992 2.83 SSF City Council decided some forty-two years ago to go to a City Manager form of government. Ms. Teglia's memories handed down from her father are not unlike those of any city or state government during that period in history. Favoritism, nepotism and the quid pro quo have been partially erased from government through the natural evolution of politics and increased voter awareness. However, it is still far from perfect. As long as there is a favor to be had, there will be a taker. When a favor is bestowed, the recipient will feel beholden, and that is the intention. That's Politics and it is alive and well in South San Francisco. For Ms. Teglia, in sanctimonious, grieving tones, to tell Mr. Terran, "I can tell you...its not good, but it's called POLITICS" is laughable. In 1987 South San Francisco City Council expanded the powers of City Manager to include the hiring and firing of management personnel. Ms. Teglia tells us Walt Birkelo brought tremendous stability to this community; somehow connecting it to the hiring/firing policy. The chronology doesn't indicate that Mr. Birkelo functioned under this policy, so the stability achieved during that time must be credited to him. Jesus Armas, hired in August 1988, has performed brilliantly at hiring and firing. Employed 3½ years, he ranks 2nd or 3rd in seniority at the managerial level, contradicting Ms. Teglia's contention that this duty, given to the City Manager has brought stability to our city! Armas' tactics in filling the Fire Chief position have created turmoil in City Government and have embarrassed South San Francisco. Four out of five Council members expressed dissatisfaction with Armas' appointment and his selection methods. Much unproductive debate has ensued. When Mr. Armas announced his choice in December, he asked Council Members if a meeting would be required before Christmas. Council, believing they retained the option of a meeting before final selection, said "No" Some have said they did not believe this foreclosed the option of a meeting, it being more a holiday postponement. Mr. Drago opposed the appointment, as did Mr. Nicolopulos. Mr. Fernekes, at least after the fact, states he was uncomfortable with the process, thought more than two interviews should have been made and various other objections - the aggregate of which should have led to his expressing opposition to the appointment, but did not. Mr. Penna 2/12/92 Page 2a states he was always for the inside man, was before, is now. But ~e did not believe the 4/5 vote was there. He does not ~state what ~or who led him to believe this. Says he had some very serious concerns and voiced them. To whom? Those concerns plus his personal preference, stated at the January 8 Council meeting, should have led to his telling Armas he opposed the appointment. It did not. What a person thinks about where the votes lie, should not influence his voicing his own opinion. Apparently, both Fernekes and Penna were unduly influenced by Mr. Armas' one-on-one polling. Had they voiced their opposition to this appointment, as they now state their consciences dictated, the 4/5 AGAINST would have been there and this monumental blunder would not have occurred. 284 Mr. Penna stated he felt Mr. Armas had "orchestrated" the appointment and Assessment Center process. Mr. Armas replied that he took exception to the term "orchestrated". I cannot imagine why. It sounds positively symphonic! Mr. Armas, throughout, has made clear his inflexible viewpoint. He interpreted the Fire Chief education requirements in a way that demonstrates a defiance of regulations and is adamant on that issue. This character trait, whether you call it independent or arrogant, is not one that will be conducive to harmonious conduct of business in the future. It is also one that will not be changed by Council members individually or as a body. You educate people to know what you will tolerate. You have already given Mr. Armas his first lesson: You will tolerate a lot. And Armas has given you yours: You will tolerate a lot more! Does his refusal to give you the individual scoring by Assessors tell you nothing about the man? His assertion that "good people" would not participate in future assessments if confidentiality is not guaranteed does not square with his claim that he got the "best professionals in the field". Did two top Fire Chiefs and a Peninsula City Manager tell him. "Yeah, we'll do an evaluation but only if you keep our results secret from your Council Members."? Sounds insecure and/or underhanded, if that was the condition. Why not ask the Assessors what, if any, conditions existed? Even the so-called "compromise" arrived at in the January 15 meeting limits your objecting to an appointment "only on job performance and indications that the finalist lacks skill and ability necessary to perform the job." How can these be judged before an appointment? The education requirement is conveniently side-stepped. You hired a man to perform certain duties as City Manager. His performance has fallen short of, or egregiously exceeded your expectations. He calls it following his "philosophy". 2/12/92 Page 2b You say your philosophy should prevail. be? Which will it These fairly obvious facts should be used in deciding that Mr. Armas must be terminated, at whatever cost. That's called CUTTING YOUR LOSSES! Armas, himself has said he may not be the best man for the job. The vote on January 10, 1992 to terminate Mr. Armas' contract is baffling, in light of the insurmountable problem he presents. At least two of the NO votes belied the individuals' expressed criticism on January 8 of Armas' Fire Chief appointment. Brings to mind Mark Twain's remark, "Thunder is impressive, but its lightning that does the job!" On a final note, for Fire Fighters' Union spokesman Pieraldi to claim neutrality followed by Mr. Green's telling you can remedy this in the future, but he "prays that it will not be retroactive..." casts some doubt on that neutrality. As to Mr. Terran's "Whaddaya gonna do, change the rules now? I mean, I like the guy (Armas) for whatever reasons..." Well, Mr. Terran, Jesus Armas, the guy you like, for whatever reasons, is the one who changed the rules, so don't go blaming Council. Diane S. Smith 3900 Crofton Way So. San Francisco, CA 94080 2/12/92 Page 2c A G E N D A 6c!!o ~_ !6 K__E_~ 286 --'~RAL COMMUNICATIONS ORAL COMMUNICATIONS residents of Lucca, Italy at E1 Camino High School; and the S.S.F. Sister City Committee would hold a dinner for the athletes. He stated that since 1978 there had been discussions on naming a street Lucca, and suggested that action be taken because of the Italian dignitaries that would be in attendance during the games. Ms. Jan Pont, 111 Belmont Ave., stated that the information number on Terrabay was no longer in operation, and posed the following questions on the Project: was it true that Mr. Dean no longer owns or will be developing the land; would there be another developer if Mr. Dean did not follow through; and if so would there be new hearings; what was the financial impact on the City for maintenance; and since the playfield had been seeded and was to be turned over to the City in 90 days - would the City maintain the field. City Manager Armas responded that the City had not been notified in any manner that Mr. Dean is no longer involved in the project, however, everyone was mind- ful of the situation throughout the nation on the financing aspects and prac- tices of lending institutions. He stated that his assessment was that there would not be any activity for residential deve- lopment until the financing was clarified, and that the obligations the Council established would have to be honored by the successor to Mr. Dean and the lending institutions involved. He stated that the principle development at this point was infrastructure, such as roads, Fire Station, and the playfield adjacent to Hillside School, and that other areas that are landscaped were not the City's obligations - that Mr. Dean was obligated to take care of those. Ms. Pont questioned if the swimming pool would still be provided, and questioned 2/12/92 Page 3 AGENDA ACTION TAKEN - gRAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Motion to approve the Minutes of the Adjourned Regular Meeting of 1/15/92, Special Meeting of 1/22/92, and Regular Meeting of 1/22/92. 2. Motion to confirm expense claims~mlj of 2/12/92. 287 ORAL COMMUNICATIONS when the new extension would take place. City Manager Armas stated that the obli- gations of the project would still have to be honored during the development with the various phases of improvements, and could not answer tonight when the exten- sion would take place, but would get back to Ms. Pont. Ms. Pont questioned who had paid for the landscaping on Hillside because it was very nice, but questioned why residents questions were not being answered in the newspapers. City Manager Armas stated that the road was a County road until it was turned over to the City. Ms. Pont gave a PG&E calendar that focused on various types of trees and some seeds that she suggested be planted on Sign Hill. COMMUNITY FORUM Mayor Penna stated that there had been a delegation from Kishiwada Japan this week to finalize a sister city relationship by November of this year. He stated that the Historical Society had requested old photos and artifacts from residents that were of historical significance to the City. CONSENT CALENDAR Approved. Approved in the amount of $2,175,230.58. 2/12/92 Page 4 AGENDA ACTION TAKEN ONSENT CALENDAR ¸3. Resolution approving plans and specifications, authorizing work, and calling bids for the Aircraft Noise Insulation Project Phase VI. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR AIRCRAFT NOISE INSULATION PROJECT PHASE VI Resolution approving a budget amendment to appropriate $22,000 for the annual fee required for participation in the Bay Protection and Toxic Clean-Up Program. e e A RESOLUTION APPROVING BUDGET AMENDMENT 92-13 TO THE 1991-92 OPERATING BUDGET Motion to accept the public works improvements in the Aldenglen Subdivision as complete in accor- dance with the plans and specifica- tions. Resolution accepting dedication of a 10' public utility easement as offered on Parcel Map No. 91-282, and directing recordation. ~o~o e A RESOLUTIOLN ACCEPTING DEDICATION OF PUBLIC UTILITY EASEMENT LANDS OF TITO PARCEL MAP 91-282 Resolution approving renewal of lease agreement between the Boys and Girls Club of S.S.F. and the City for the Paradise Valley Recreation Center. A RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF SOUTH SAN FRANCISCO o Resolution awarding contract for maintenance of the Stonegate Ridge and Willow Gardens Common Greens CONSENT CALENDAR Removed from the Consent Calendar for discussion by Mayor Penna. RESOLUTION NO. 7-92 So ordered. RESOLUTION NO. 8-92 RESOLUTION NO. 9-92 2/12/92 Page 5 AGENDA ACTION TAKEN, 289 --'CONSENT CALENDAR 8. Resolution - Continued. to R.M.T. Landscape Contractors in the amount of $31,200.00 as the lowest responsible bidder. A RESOLUTION OF AWARD OF CONTRACT FOR THE STONEGATE RIDGE AND WILLOW GARDENS COMMON GREENS MAINTENANCE Resolution awarding contract for maintenance of Street and Parkway Landscape Maintenance to Environmental Care, Inc. in the amount of $66,129.46 as the lowest responsible bidder. A RESOLUTION OF AWARD OF CONTRACT FOR THE STREET AND PARKWAY LANDSCAPE AREA 10. Resolution awarding contract for maintenance of West Park 1, 2 & 3 Common Greens to Environmental Care, Inc. in the amount of $171,662.40 as the lowest respon- sible bidder. A RESOLUTION OF AWARD OF CONTRACT FOR THE WEST PARK 1, 2 & 3 COMMON GREENS MAINTENANCE Resolution approving plans and~ J~ specifications, authorizing work, and calling bids for the Aircraft Noise Insulation Project Phase VI. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR AIRCRAFT NOISE INSULATION PROJECT PHASE VI CONSENT CALENDAR RESOLUTION NO. 10-92 Removed from the Consent Calendar for discussion by Councilman Drago. Removed from the Consent Calendar for discussion by Councilman Drago. M/S Drago/Fernekes - To approve the Consent Calendar with the exception of Items 3, 9, and 10. Carried by unanimous voice vote. Mayor Penna stated that there had been questions from residents on the easements given for the 20% SFIA funding. He stated that a person who does not want to give an easement could pay the sum them- selves and could still sue the Airport. He stated that the other concern was the type of windows not covered by the program that are 3/16 to 1/4" in thickness that are stationary and do not 2/12/92 Page 6 AGENDA ACTION TAKEN 10. Resolution - Continued. Resolution awarding contract for maintenance of Street and Parkway Landscape Maintenance to Environmental Care, Inc. in the amount of $66,129.46 as the lowest responsible bidder. oOL, A RESOLUTION OF AWARD OF CONTRACT FOR THE STREET AND PARKWAY LANDSCAPE AREA Resolution awarding contract for maintenance of West Park 1, 2 & 3 Common Greens to Environmental ~00 Care, Inc. in the amount of $171,662.40 as the lowest respon- sible bidder. A RESOLUTION OF AWARD OF CONTRACT FOR THE WEST PARK 1, 2 & 3 COMMON GREENS MAINTENANCE 29O open. City Manager Armas stated that there had been complaints from residents and staff was taking a look at when they alter some of the windows -- instead of doing some and not all, do all. He stated that the engineers were overseeing the entire pro- ject, and residents should contact them with questions. Mayor Penna stated that there was con- fusion in the information being given to residents from the engineers, and asked who else they could call. City Manager Armas stated that they could call him, and he would talk to them. M/S Fernekes/Drago - To adopt the Resolution. RESOLUTION NO. 11-92 Carried by unanimous voice vote. Councilman Drago stated that Items 9 and 10 were related and questioned the term "lowest and most responsible bidder", when the City in 1986 had rejected the low bid from this same firm in that area, and there were funds the City had to put up to bail out the project from a prior contract award. He questioned why staff wanted to award the contract to this firm after the prior performance, and questioned what guaranties the City had that the job performance was going to be different than it had been. Director of Parks & Recreation Nagel stated that he was quite aware of con- cerns on the common greens maintenance, and had made it clear by addressing this in the bid package to identify the scope of work in debris pickup, times of pruning, and mowing, etc. He stated that there would be meetings with staff and the property owners on a regular basis with safeguards to clearly identify the concerns in the bid package. He stated 2/12/92 Page 7 A G E N DA ACT I O N T AK E_~ --9. and 10. Resolutions - Continued. that the contract was for a maximum of one year with an option for a second year, whereas in the past the contract had gone from year to year without going out to bid. He stated that if the contractor was not performing up to par for any cause, the City could terminate the contract by giving five days notice or for any reason the City could terminate the contract in 15 days, etc. He stated that staff had also had con- cerns when the bid results were known with a low bid contractor with a past history of non-performance six years ago. He stated that Environmental Care planned to go out there with 75 people and bring everything up to speed, and after that the firm felt that then they would have the staffing levels available to maintain it properly. He stated that Mr. Moore of Environmental Care had felt that his firm had taken a beating in 1986, they had some difficulty then, and wanted to regain their reputation in S.S.F. and were willing to take very little profit on the job to achieve this. Councilman Drago questioned if there hadn't been similar safeguards in place six years ago, and noted that this had not been under Parks & Recreation super- vision at that time. Director of Parks & Recreation Nagel stated that he did not believe they had been specific in making sure the City was monitoring the work, and yes it had been supervised by the Department of Public Works. Councilman Drago stated that he was con- cerned about the firm's poor performance, and questioned if the loop holes had been covered and engineering consulted. Director of Parks & Recreation Nagel stated that he had consulted City Engineer Van Dohren, and he had agreed 2/12/92 Page 8 AGENDA ACTION TAKEN 292 '-9. and 10. Resolutions - Continued. that the safeguards were in place. City Manager Armas stated that today the specifics contained in the bid package were more detailed on the work to be per- formed than in the past. Ms. Diane Smith stated that one of the arguments she had heard from Cagwin on not being able to perform up to expec- tations was inflation, and the amount of money they were awarded for the contract that is in place now. She stated that Environmental Care in 1986 - the amount was $247,200, and now they are going to do it for $171,662 - that is less than half, and now they are going to do a superior job for less than half when everything costs more. She felt that was quite a feat after the City had to spend thousands to clean up their job. Director of Parks & Recreation Nagel stated that all of the bids were less than in 1986, probably due to the economy, but not as dramatically less as Environmental Care. Ms. Smith reminded Council that one of the excuses from Mr. Warren for the poor work was that he had had a contract with the City for eleven years, and complained that the funding had been cut $30,000 and used that as an excuse for the level of bad work he was doing. Mr. Thomas Moore, Vice President Environmental Care, stated that the $240,000 included a project that was not included in this bid package. He stated that the question of the $30,000 in addi- tional funding was due to cutbacks in his contract in 1978 after Proposition 13, where the Company was asked to do fiscal cuts and cut a number of items out of the contract; and then was later asked to put those back in the contract without addi- tional compensation. He stated that he felt that was unusual and a cost the com- pany had to bear. 2/12/92 Page 9 AGENDA ACTION TAKEN 293 '9. and 10. Resolutions - Continued. He related: that Bob Yee was not respon- sible for the contract for it was handled by Sylvester DuPlessus and Lyle Norton; the Council at that time had determined that staff was not doing an adequate job of reviewing them as a contractor; they had agreed that they had not lived up to some of the specifications, and had let some of the landscaping fall behind; if one looked at the landscaping today one would see that the level of service and quality today is far less than the contract specifies; that his firm would have paid for the clean up cost rather than leave the job unfinished, because they did have a bond; his firm wanted to regain their reputation through this contract; they had the project from 1973-1983, and agreed not to stay on the project after 1984 because of the rela- tionship they had with the Park Department and their assertions, yet the City had an obligation to the homeowners through the assessment to supervise the work being done on the common greens - and that was not done. Councilman Drago stated that he had con- cerns with this firm's track record regardless of what was being said. Discussion followed: on the poor work performance; the exceptional low bid; guarantees that this would not happen again; staff had looked at three referen- ces on Environmental Care; that it came down to the City enforcing the specifics of the contract; the City Manager will be held accountable in one year if there are complaints from the homeowners; contrac- tor will take a video of the common greens today and again one year from now. Mr. John Cocchina stated he was one of the bidders who also took care of the Homart property, and related that the prevailing wage in 1986 was different than today. He stated that it was said that his competitor was going to come in with 75 people, and questioned where they were coming from. He felt that in six months 2/12/92 Page 10 AGENDA ACTION TAKEN 294 ........ 9. and 10. Resolutions - Continued. RECESS: RECALL TO ORDER: ADMINISTRATIVE BUSINESS 11. Resolution approving budget amendments to the 1991-1992 Operating Budget, and the 1991-1992 Capital Improvement Budget. j~/20 A RESOLUTION APPROVING BUDGET or a year this firm would make the same promise to other cities and the crews would not be there. He stated that the issue here was not the service, but the performance and bonds were not enforced that much. He recommended that the Council combine 8, 9 and 10 together, take a look at all the bidders and all their references, and award the contract to whomever will serve the City best. Councilman Drago questioned if the reason the bid had been broken up was to solicit more bidders because the City was having troubles with the total package. Director of Parks & Recreation Nagel stated that that was the intention. M/S Fernekes/Drago - To adopt the Resolution for award of contract for the Street and Parkway Landscape Area, and adopt the Resolution of award of contract for the West Park 1, 2 & 3 Common Greens Maintenance. RESOLUTION NO. 12-92 RESOLUTION NO. 13-92 Carried by unanimous voice vote. Mayor Penna asked staff for more infor- mation on what happened in 1984 on the supervision of the contract. Council adjourned to a recess at 8:35 p.m. Mayor Penna recalled the meeting to order at 8:45 p.m., all Council present. ADMINISTRATIVE BUSINESS Director of Finance Margolis related that the resolutions made adjustments to both budgets for changes that had occurred: cost of living increases; lease payments for computer; fire pumper; fixed assets; 2/12/92 Page 11 AGENDA ACTION TAKEN ..... ~DMINISTRATIVE BUSINESS .11. Resolutions - Continued. AMENDMENT 92-14 TO THE 1991-1992 OPERATING BUDGET A RESOLUTION APPROVING BUDGET ~/~0 AMENDMENT 92-6 TO THE 1991-1992 CAPITAL IMPROVEMENT BUDGET 12. CalTrain Station Location Study for Council review and comment. 295 ADMINISTRATIVE BUSINESS debt service for the Conference Center and Treatment Plant. Discussion followed: that the Conference Center portion was coming from Measure C funds; that there were two types of rent coming from the Price Club that were in and out accounting entries to show payment for the property. Mayor Penna stated that he was uncomfor- table with item 3 in the resolution on the Price Club. City Attorney O'Toole stated that the Council could exclude any item, and approve the resolution. City Manager Armas stated that this was only a paper transaction to satisfy the auditors because there were intricate accounting details. Mayor Penna stated that he wanted to see all the paper transactions because he had voted against the budget being adopted. M/S Drago/Fernekes - To adopt the Resolution approving Budget Amendment No. 92-14 with the exception of Item No. 3. RESOLUTION NO. 14-92 Carried by unanimous voice vote. M/S Fernekes/Drago - To adopt the Resolution approving Budget Amendment 92-6. RESOLUTION NO. 15-92 Carried by unanimous voice vote. Chief Planner Solomon stated that San Mateo County Transportation Authority had retained consultants to prepare an analy- sis of the locations for a CalTrain sta- tion in both S.S.F. and Brisbane and the 2/12/92 Page 12 AGENDA ACTION TAKEN · - 296 ---'kDMINISTRATIVE BUSINESS ~12. CalTrain - Continued. LEGISLATIVE BUSINESS 13. Motion to adopt an ordinance esta- blishing the formation of a Conference Center Authority. AN ORDINANCE OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO ADDING CHAPTER 2.78 TO THE MUNICIPAL CODE ESTABLISHING THE SOUTH SAN FRANCISCO CONFERENCE CENTER AUTHORITY AND GRANTING AUTHORITY FOR THE PROMOTION, OPERATION, MAINTENANCE AND MANAGEMENT OF THE SOUTH SAN FRANCISCO CONFERENCE CENTER ADMINISTRATIVE BUSINESS consultants would address the Council. He stated that staff was recommending that Council accept the study and it could be used sometime in the future to make decisions on the location which would be made in large part after deci- sions were made by S.P. or by future developers as to development of the area. Mr. Hurley summarized the report: it had identified three sites one of which was the existing Grand Ave. station, Oyster Point, and the rear of So. Linden Ave. in the southern portion of the City; they had decided to drop the So. Linden Ave. site; the best total potential for ridership was Grand Ave., but there were access problems and difficult agreements would have to be reached with S.P. (a copy of the report is on file in the Clerk's Office.) Councilman Drago stated that he and Councilman Fernekes had met as a Subcommittee and had approved the report. M/S Drago/Fernekes - To approve the study. Carried by unanimous voice vote. LEGISLATIVE BUSINESS City Attorney O'Toole stated that this ordinance had been introduced by a 3-1 vote, and was reading for adoption if the Council desires, and would take a minimum of three votes of the Council. Councilman Drago questioned why the docu- ment said the position of Conference Center Director is hereby created - when we already have one; and why are we showing it again - what is the purpose. City Attorney O'Toole stated that the Council was creating a new authority by this ordinance, and this authority was 2/12/92 Page 13 AGENDA ACTION TAKEN- 297 ~" lEGISLATIVE BUSINESS ~3. Motion - Continued. LEGISLATIVE BUSINESS now establishing the position of Conference Director rather than the City. Discussion followed: presently the Conference Center Director was hired by the City Manager and with adoption of the ordinance the authority to hire the Director would rest with the Authority. Councilman Drago stated that the ordi- nance says that the Council at its discretion may disband by a majority vote the authority, and upon dissolution the rights, duties, obligations of employees of the Center shall become employees of the City. He questioned why this was in the ordinance. City Attorney O'Toole stated that it was to assure the continued operation of the Center, and to provide some stability for the employees since the Council has the ultimate authority to terminate the authority at any time. Councilman Drago stated that he was bothered by those people becoming employees of the City if the authority was dissolved, because the original idea was to put this in the hands of private employees with no relationship to the City. He stated that he had also had a problem with the City Manager being on the authority, and with the ability to transfer funds of $10,000, and the lack of S.S.F. residents on the authority - those have been answered. He stated that he had a problem with the Council giving up control, especially with the reduced revenues and a tight budget - and at this time was not ready to support it. He stated that he would not have a problem after the building was constructed, but now to give up control before the Council sees a budget. He stated that he had found four problems, and the Board had met and changed them all, and was suspect that that this had 2/12/92 Page 14 AGENDA ACTION TAKE~,. 29Lt LEGISLATIVE BUSINESS 13. Motion - Continued. LEGISLATIVE BUSINESS been done so readily -- and questioned if there something he was missing. City Manager Armas stated that the Council for some time had expressed con- cern over the staffing costs and opera- tion expenses vs. the revenues, and the need for the Center to continue to be self sustaining operation and not affect the General Fund. He stated that at the same time the Council was reticent about approving any kind of staffing, on whether they would be City employees or contract employees. He spoke in detail of Council concerns being addressed by the Board and the end result being to establish an authority, however, if the Council was not comfor- table with it they could continue it until more Councilmembers were present in that it needed three affirmative votes. Mayor Penna stated that there were some agreements that were supposed to be signed regarding the parking arrangements for the Center, and questioned if all of those agreements had come back and were signed. City Attorney O'Toole stated that there were a number of agreements on file con- cerning the parking, there is one signed by the Radisson Inn that guarantees the parking that should be supplied on their lot, and there is another agreement on file with the Holiday Inn that indicates that their parking also is obligated. He stated that those agreements assure that all the parking required by the use per- mit is available to the City. He stated that there were still nego- tiations going on with the Travel Lodge to make a master agreement to include all of the sub-agreements we now have. Director of Conference Center Carl stated 2/12/92 Page 15 A G E N D A A C T I O N T A K E N~. 2~ ---.EGISLATIVE BUSINESS L3. Motion - Continued. ~TEMS FROM COUNCIL 14. 15. Oral Committee reports. Subcommittee report, and adoption of resolution setting policy for recruitment, evaluation and termination of department heads. A RESOLUTION OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO ADOPTING A POLICY FOR THE RECRUITMENT, EVALUATION AND TERMINATION OF DEPARTMENT HEADS LEGISLATIVE BUSINESS that it was her understanding that those agreements were still in progress, and the Travel Lodge was close to submitting it to the Holiday Inn and the Radisson. She stated that she had heard this week that their attorney wanted the specific conditions required by the use permit. Mayor Penna stated that it was time to wrap up the agreements, and he would be in favor of postponing action tonight. Councilman Drago questioned if the Director had hired any staff. Director of Conference Center Carl stated she had not, but had two persons working on an interim basis, however, there was funding for staff with the exception of herself. Mayor Penna stated that he wanted to see the agreements in place, and continued the item to the next meeting. ITEMS FROM COUNCIL Council chose not to give reports. Councilman Drago stated that a letter had appeared in the San Mateo Times that had been co-sponsored by Councilman Fernekes and himself, and the paper neglected to use Councilman Fernekes' name. He stated that it described the attempts made for a check and balance system to be in place because some major errors had occurred, and the Council felt the system had to be reevaluated. He felt that this report and resolution would be accepted to that end. Mayor Penna stated that was a clarifica- tion of the ordinance that was passed at the last meeting that allowed the Council to be involved in the hiring with a 3-2 vote of Council which had existed as a 4-1 vote, and established policy. Councilman Fernekes read the resolution 2/12/92 Page 16 AGENDA ACTION TAKEN 300 ~_EGISLATIVE BUSINESS 15. Motion - Continued. LEGISLATIVE BUSINESS in total and made comments throughout the reading for the edification of the public. Mr. Bob Stevens, 2435 Tipperary, stated he was a resident, taxpayer, and voting voter. He stated that in reading the newspapers there appeared to be a tempest in a teapot, and felt that with his strong background in management and admi- nistration made analogy of the situation as compared to private enterprise. He stated that the Board appoints the general manager to run the operation on a day-to-day operation which that person could not do without the authority and responsibility of hiring and firing. He continued, the manager be held respon- sible for the performance of his subor- dinates. He stated that in reading the Council minutes it appeared that there might be a case of insubordination - then the Council has to make a decision to ter- minate the manager as is done with Boards of Directors. He stated that the real problem was whether the Council was willing to bite the bullet, which is $60,000 and a half interest in a house. He stated that someone was passing out a petition, yet the issue was not being addressed. He stated that personally having restructured six to eight companies, felt that the absolute authority to hire and fire his subordinates should rest with the manager, however, the Council should hold him responsible and address both issues. Mr. Paul Tognetti, Retired Fire Fighter, spoke of God bless America being the envy of the world; of his friend who had returned to live in S.S.F.; and of civil wars. He stated that he was circulating a peti- tion to let the voters decide this issue 2/12/92 Page 17 AGENDA ACTION TAKEN --_EGISLATIVE BUSINESS 15. Motion - Continued. LEGISLATIVE BUSINESS for themselves, and in one case the wife had signed it and the husband would not. He stated this showed that the women were more intelligent than the men. He stated that they were asking people to read the petition and then sign it, and had had a 100% response. Ms. Diane Smith stated that in 1987 when the issue of hiring and firing came up had the Council decided that it was too important an issue for them to decide... Councilman Drago stated that he had voted against it. Ms. Smith continued, no one said, put it before the voters. She stated that on 1/22/92 when Mrs. Teglia was the lone dissent vote, she immediately announced the referendum drive, and it was also in the newspapers that it would cost under $500.00. She stated that what Mrs. Teglia did not say was, if put to a vote, it would cost a minimum of $16,000 and could go up to $25,000 or more. She continued, Mrs. Teglia also said she hoped this would force Council to rescind the vote -- and that amounts to political blackmail. She stated that when you have a 4-1 vote, and that is the majority, you don't have to have a tantrum and a referendum, because if that is the future you have a long row to hoe. Mr. Lou Dell'Angela, 460 Gardenside Ave., stated that everyone wanted the same thing - the best qualified department heads and staff for the City, and talking about what is the best process. He stated that they wanted staff to be responsible and sensitive to the com- munity and its problems. He stated that he had the petition and the letter being circulated for people to sign, and thought it was irresponsible 2/12/92 Page 18 AGENDA ACTION TAKEN '~EGISLATIVE BUSINESS 15. Motion - Continued. 302 LEGISLATIVE BUSINESS and paints an inaccurate picture of what the Council is trying to do. He stated that if one knew the process, the City Manager has a lot to do with the recruit- ment - he is in charge of the recruit- ment and candidates. He stated that when you hire department heads in excess of $80,000 a year there are a lot of appli- cants, and the City Manager pairs that down maybe to ten, and there is an assessment center organized by the Manager. He continued, when the Council comes into play, is when you get to the top three candidates and they look and see what type of person they want in the job. He stated that this was done now when the City hired the City Manager and Attorney, and obviously people must feel the Council is qualified to hire those people, because you hired them. He questioned why Vice Mayor Teglia thinks it is okay to hire the City Attorney and City Manager without the assistance of the Manager, yet not hire the department heads - what is the dif- ference. He stated that all of a sudden if you are hiring the City Manager you walk on water, but when you turn to hire the department heads, then you are political boobs - which he did not buy. He stated that there are a lot of irrespon- sible statements that people need to sort through and find out the real truth. He felt that the present process works to the advantage of certain people if they can manipulate through the City Manager because their power is in effect. He stated that he questioned the motives of Councilwoman Teglia and those that oppose the change. He stated that he believed the attempts tonight were positive and the message is that you are not political cronies, and you want to give the people qualified people. He suggested that in the final interview process, after pairing 100 to 10 applicants, and then to the assessment 2/12/92 Page 19 AGENDA ACTION TAKEN 303 .EGISLATIVE BUSINESS .L5. Motion - Continued. GOOD AND WELFARE CLOSED SESSION 16. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. RECALL TO ORDER: LEGISLATIVE BUSINESS center and oral board, that the Council interview the top 3 or 4. He stated that the City Manager should have the right to say these are the finalists I can work best with and give you their test ranges. He reiterated the need to interview the top 3 or 4 because without that you could not make a fair judgment if you are only focusing on one candidate, and you are not getting the broad view of the candidates. He felt that the resolution was positive and would work to get the best people for this City. Councilman Drago stated that the Subcommitte had asked that action not be taken in order to give the other members of Council the opportunity to add or delete before final acceptance. Mayor Penna stated that this process began with the Subcommittee over a month ago, and was a continuation of the pro- cess they were trying to come to grips with to make the ordinance work, and once that took place the Council would vote. Consensus of Council - To continue the item to the next meeting. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council entered a Closed Session at 9:50 p.m. to discuss a personnel matter. Mayor Penna recalled the meeting to order at 10:38 p.m., all Council present, no action was taken. 2/12/92 Page 20 AGENDA ACTION TAKEN .. 3O4 Motion to adjourn the meeting to Wednesday, 2/19/92, City Council Conference Room, City Hall, 400 Grand Ave., at 7:00 p.m. for the discussion of the 1991-92 Budget; Community Development Block Grant Program; and a Closed Session pursuant to Government Code. ADJOURNMENT RESPECTFULLY SUBMITTED, Barbara A. Battaya, City C.6~rk City of South San Francisco M/S Drago/Fernekes - To adjourn the meeting to Wednesday, 2/19/92, City Council Conference Room, City Hall, 400 Grand Ave., at 7:00 p.m. for the discussion of the 1991-92 Budget, Community Development Block Grant Program; and a Closed Session pursuant to Government Code. Carried by unanimous voice vote. Time of adjournment was 10:38 p.m. The entries of this Council meeting show the action taken by the City Council to dispose ---~f 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. 2/12/92 Page 21