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HomeMy WebLinkAboutMinutes 1992-02-26 Mayor John R. Penna Council: Jack Drago Joseph A. Fernekes Gus Nicolopulos "'~berta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION: AGENDA REVIEW kAL COMMUNICATIONS MINUTES City Council Municipal Services Building Community Room February 26, 1992 VoL 3i0 ACTION TAKEN 7:31 p.m. Mayor Penna presiding. Council present: Council absent: Drago, Fernekes, Nicolopulos, Teglia, and Penna. None. The colors were presented by Boy Scout Troop #281, and the Pledge was recited. Rev. Joseph Landi, St. Veronica's Church, gave the invocation. AGENDA REVIEW City Manager Armas stated that there were no changes to the Agenda. ORAL COMMUNICATIONS Mr. Jack S. Gray, 554 Railroad Ave., stated that two weeks ago the Basque Cultural Center had their annual celebra- tion and complained of the lack of parking, fights in the parking lot, and lack of response from the police for this function. He stated that the same traf- fic problems were evident the next day and he had asked Ofc. Metcalf to issue parking citations, the owners had been cooperative in having their patrons move their vehicles, however, they were still there two hours later and the Officer refused to issue citations. He stated that the vehicles were parked from Spruce clear to Orange Ave. Park, Magnolia clear to Baden grocery. He stated that he realized that the Basque Center was asking for an extension, but he did not see how this was going to ease the parking problems. He presented pic- tures of the parking situation to the Council and a police report. 2/26/92 Page i AGENDA ACTION TAKEN - )RAL COMMUNICATIONS ~OMMUNITY FORUM CONSENT CALENDAR 1. Motion to approve the Minutes of the Regular Meeting of 2/12/92. 2. Motion to confirm expense claims ~ol~ of 2/26/92. ADMINISTRATIVE BUSINESS 3. Certification of the sufficiency of the Referendum Against Ordinance No. 1110-92, adopted 1/22/92. 4. Reconsideration of Ordinance No. 1110-92 "An Ordinance of the City Council of South San Francisco 311 ORAL COMMUNICATIONS Mr. George Bernal, 550 Railroad Ave., stated that he also had pictures of the next door property which stored chemi- cals, flamables, insecticides and so forth, and he felt that with these people blocking the fire lane with their vehicles, and in the event of a fire - people could die. He suggested that when the Council allowed the Basque people to use next door for parking, that a security guard be employed. Vice Mayor Teglia questioned if the mediation program had been employed, and if not to include that information in the report to Council. Mr. Bernal stated that he had met with the City Manager and his Assistant in November, and had suggested that a traf- fic count be done, but nothing had come of it. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. Confirmed in the amount of $1,118,392.09. M/S Fernekes/Teglia - To approve the Consent Calendar. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS City Clerk Battaya stated that the cer- tification had not been completed and there was a request on the agenda to con- tinue the meeting to 3/4/92 for con- sideration of Items 3 through 6. She stated that 2,563 signatures were in the process of being verified. 2/26/92 Page 2 AGENDA ACTION TAKEN '---~DMI N ISTRATI VE BUSINESS 4. Reconsideration - Continued. 0 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." Resolution calling a Special Election to be consolidated with the 6/2/92 Primary Election on the Referendum Against adoption of Ordinance No. 1110-92. A RESOLUTION CALLING A SPECIAL ELECTION TO BE CONSOLIDATED WITH THE JUNE 2, 1992 PRIMARY ELECTION ON A REFERENDUM AGAINST ORDINANCE NO. 1110-92 PASSED BY THE CITY COUNCIL CONCERNING THE POWER TO APPOINT DEPARTMENT HEADS BY THE CITY COUNCIL TO BE SUBMITTED TO THE VOTERS OF THE CITY OF SOUTH SAN FRANCISCO Resolution calling for election services from the County Clerk for the 6/2/92 Special Election. e A RESOLUTION REQUESTING COUNTY CLERK OF SAN MATEO COUNTY TO RENDER SPECIFIED ELECTION SERVICES Report on traffic control on Hillside Boulevard. 312 ADMINISTRATIVE BUSINESS City Engineer Van Dohren spoke of the changes made due to the work on Hillside by the County in regard to stop signs, and the concerns over removal of the signs at Hillside & Irving, Kearney & Irving, and Jefferson & Hillside by the County as part of the approved plan. He stated that staff had secured a traffic consultant who had looked at the plans for that area and the result of that report was to remove all the stop signs on Hillside between Irving and Lincoln and retain the right turn lane from Lincoln onto Hillside Blvd. Mayor Penna questioned the volume of 2/26/92 Page 3 AGENDA ACTION TAKEN '--'kDMINISTRATIVE BUSINESS 7. Report - Continued. 313 ADMINISTRATIVE BUSINESS traffic, and the number of accidents in the report since 1988. Mr. Roger Young, C/REM Engrs., explained the method engineers used to evaluate the need for stop signs, and the accidents that occur through the use of stop signs. He stated that the traffic did not warrant stop signs, and if stop signs were put back at Kearny and Irving it would create rear-end accident problems there. He stated that he felt that allowing no left turns on Lincoln to Hillside would minimize the problems. Discussion followed: whether the speed limit entered into the traffic equations; how the engineers could estimate acci- dents before a new feeder was opened; Councilman Drago believed that stop signs also slowed down traffic; Mr. Young felt they were a nuisance rather than an accident deterrent; whether the consultant had read letters from concerned resi- dents; that there were turn lanes in-all eastbound directions; that the police had been informed on the traffic flow, and were in concurrence with the engineer's recommendation. Councilman' Nicolopulos stated that there had always been complaints on truck speeding on Hillside, and wondered if the consultant felt that would diminish vehicle speed with the new road. Mr. Young stated that the traffic signals would be controlled, and that would help the situation. Councilman Drago suggested a 3-6 month review be made by staff to correct the situation if this doesn't work after it is turned over to the City. City Engineer Van Dohren stated that the County was in the process of turning the road over to the City within six weeks to four months, so anything the Council did 2/26/92 Page 4 AGENDA ACTION TAKEN ~ADMINISTRATIVE BUSINESS 7. Report - Continued. 314 ADMINISTRATIVE BUSINESS would be predicated on when that happened. Ms. Jan Pont, 111 Belmont Ave., requested that more stops signs be put up in the area in spite of what she had heard. She stated that the lack of accidents was due to the stop signs. She stated that there were very few speed signs posted, and as one came up Hillside Blvd. the first sign one saw was 25 mph past Linden and Hillside; coming west was 35 mph past Chestnut going towards Colma; going east- bound from Chestnut the first sign is 25 mpr curbside by the residential, but not by or on the new portion of the buffer which does not have a speed sign. She stated that there was not enough notifi- cation that there was a school zone or that there was a fire station on the new portion of Hillside. She stated that the fire station on Baden Ave. had fire lanes marked on the street, and she questioned why the new fire station did not have the same markings for public notifications to stop in the event of an emergency. She stated that right now there was only the one three way flashing light at Francisco Blvd. Dr. at the fire station, and she felt there should be more signs to avoid accidents. Vice Mayor Teglia stated that the new road was not yet complete, so the signs were not yet completed by the County, but when it was done the City could augment those signs. Ms. Eva Pitts, 905 Hemlock Ave., stated that in 1976 before the sign went up she was broadsided there and almost killed at that intersection, now the stop sign was down and she almost got it again because trucks park there and block the view. Mr. John Beckman, 1357 Hillside Blvd., 2/26/92 Page 5 ~ GENDA ACTION TAKEN 315 --~ADMINISTRATIVE BUSINESS 7. Report - Continued. ADMINISTRATIVE BUSINESS refuted the staff report because he felt it was the poorest installation of a stop sign which could not be seen, and caused the accidents. He questioned the history of accidents before the stop sign was erected, because the intersection had poor visibility, and he now understood there was no left turn coming out of Linden - yet, that had been that way for a-long time and they still do it going at high speeds. He stated that if the stop sign was put in properly there would not be accidents, however, there had to be police enforcement. He stated that he was concerned about the nursery school and children getting in and out of the driveway and crossing the street. He presented a petition to Council to preserve the stop sign and install a better warning and stop sign system for the children that walk across Lincoln. Ms. Pont questioned if it was possible to restrict the large trucks from going down Hillside, such as dump truck and dirt haulers. City Engineer Van Dohren stated that he believed the City could through a maximum load limit sign. Vice Mayor Teglia thought that had been discussed at one time, and they were unable to control that traffic. Discussion followed: on left turns; that the traffic count was only taken on Tuesday evening and Monday morning; the number of vehicles using it as a roadway; Councilman Nicolopulos felt that a serious and more thorough study should be made on the residents concerns. Consensus of Council - to direct staff to do a further study, meet with the resi- 2/26/92 Page 6 AGENDA ACTION TAKEN .- 316 ~DMINISTRATIVE BUSINESS 7. Report - Continued. RECESS: RECALL TO ORDER: LEGISLATIVE BUSINESS e Motion to adopt an ordinance esta~.,^~ blishing the formation of a ~ Conference Center Authority - ~/ continued from the 2/12/92 meeting. 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 dents of the area and iron out concerns, and determine if restrictions could be put on the use of the road by trucks. Council adjourned to a recess at 8:37 p.m. Mayor Penna recalled the meeting to order at 8:47 p.m, all Council present. LEGISLATIVE BUSINESS City Attorney O'Toole stated that this ordinance was introduced on 1/22/92, and had been continued until tonight so the full Council could vote on the matter. Conference Center Director Carl pointed out that the Conference Center Board was recommending approval by the Council. Mayor Penna questioned the status of leases for parking with the hotels, and the flooding problem that was reoccurring. City Attorney O'Toole stated that the leases were with the Holiday, the Radisson, and the Travel Lodge to obli- gate parking, and a master agreement was anticipated prior to occupancy. He stated that he had received information this week that the parties had agreed to the terms and were close to signing the agreement. Councilman Drago questioned if the ordi- nance gave the Executive Director control over the parking agreements and the only one responsible for it, because the ordinance says the Council or the Authority will not interfere with the duties. City Attorney O'Toole stated that section 9 was anticipated to deal with the ser- vices and not the obligations for land or parking agreements, which would be done by the Council or the Authority. He 2/26/92 Page 7 aGENDA ACTION TAKEN ~_EGISLATIVE BUSINESS 8. Motion - Continued. 317 LEGISLATIVE BUSINESS stated that that section read that the authority to execute the contract is approved by the Council in the annual budget for the Authority. Councilman Drago questioned if there were any costs for the anticipated parking. City Manager Armas stated that there had been discussion at one time of leasing a satellite lot about a mile away, but that had been set aside when the satellite lot was committed to the project. Mr. Fred Brovold, Roger Foote & Assoc., stated that his firm had investigated the flooding problem and prepared a report which he described in detail. Discussion followed: the engineer's report; location of sump pump; storm drains; elevations; ground water conditions. Ms. Diane Smith, 3900 Croften Way, read the attached letter into the record which posed many questions. Conference Center Director Carl responded to questions posed by Ms. Smith: that the debt service was being paid by Measure C funds; money in the treasury to date for FY 1989-90 $692,421, and FY 1990-91 was $1,151,014, and through 12/30/91 $614,091; that the figures in the study were approximately $20,000 higher; that the Peat Marwick figure was $1,186,196; that the use permit limited the occupancy to 1,200 people; that that there were no bookings to date, and contacts were in the works which she was excited about; that local businesses booking the center would not be staying at the hotels, using the restaurants in the hotels, or using the audio and visual equipment and other services provided; that the term "without cost to the taxpayer" was based on occupancy and revenue generated by Measure C which was estimated at 2/26/92 Page 8 2/26/92 318 I am wondering what constitutes a conflict of interest sufficient to preclude a council member from voting on an issue? Obviously, if one owned a hotel or two, it might be assumed there was a conflict. But what if a hotel chain or two or three believes it owns or has a controlling interest in a council member's vote by virtue of sizeable campaign contributions? Would that call into question that council member's ability to cast a vote not affected by the contribution? I refer specifically to the election campaign contributions in Nov.-Dec. 1991 to Councilwoman Teglia of: $500 from Radisson $640 from Holiday Inn $406 from Grosvenor $330 from Comfort Suites $1876 TOTAL Ms. Teglia's Election Night Party at the Radisson at a reported cost of $250, and which is being shomm as an accrued expense as of December 31, 1991-if it remains unpaid today - might be considered by some as an additional contribution. I entertained just 22 people for dinner a few years back at Brentwood Lodge and recall the tab was close to $600. If reports (and I was not there) of open bar and a live band for Ms. Teglia's campaign celebrants only came to $250, I would encourage everyone to use the Radisson and ask for the Victory Party Rate and terms of deferred payment! While we are on the subject of hotels, there appears to be $23,190.00 in loans outstanding against MEASURE C, itself, specifically $8680.00 from Radisson, $6640.00 from Moliday amd $7870.00 from Grosvenor. At 0% imterest from 1989! I would like to address a few questions in determining if the spirit of MEASURE C (at no cost to the tax payer) is being honored - as described on the ballot when voted for in good faith by a 2/3 majority of the people. Is the salary currently paid Sandra Carl paid out of Measure C funds? Is her salary considered a part of "creating a facility...", the term used in Measure C? Is Ms. Carl a per diem consultant or on SSF payroll with benefits? What has been cost for Conference Director thus far? How paid? What was cost of financial analysis by Peat, Marwick? Paid for out of Measure C funds? If not, how paid? Did Peat, Marwick's project8ion for fiscal '90-'91 prove accurate? What was the one-time loan from the General Fund of $375,677 for FY 1989- 90? Has this been repaid to the General Fund with Measure C Funds? (The $2.50 per room occupancy tax which is going to pay for everything!) 2/26/92 Page 8a What is the "debt service" which will run through fiscal year 2012-20137 How do you incur debt when you have pledged that "a conference center will be created at not cost to local ta×payers"? Measure C stated the facility could accomodate up to 1500 people. An 11/19/91 news article says !200. Which is it? Was a study conducted prior to Measure C to determine if "small" trade shows are being turned away by other facilities because their numbers did not meet booking requirements? Or did consultant just assure you that this facility will attract the smaller groups (that may or may not actually exist)? Have any of the additional 300 rooms that have been approved but not yet built (in 1989) now been built? I have read nothing about it. Let me guess~ Those additional rooms, each carrying a $2.50 a day surcharge probably figured in some part in the public's voting for this pie-in-the-sky measure. In fiscal 1993-94 your projection estimates an ending balance of $6,931.00. That is pocket change. You couldn't build a half of the little gazebo on Westborough Greens, bandied about as part of the cost of upgrading the Greens, for that! If fiscal '91 and '92 have not exceeded the projections, and I understand they have not, it is "'wipe-out" time in '93-'94. Unless, of course, you have some explanation that makes better sense than the material I have seen to date. I look at "no expense to the taxpayer" as never dipping into the General Fund, which you already have, and never borrowing money against revenues that may or may not materialize! In the October 9, 1991 Staff Report Conference Center Director refers to "sorely needed meetin§ space". What substantiation? Another study? By whom? Reference is also made to conference attendees spending money in the city's businesses. What business in SSF might interest a convention visitor? A relaxing hour spent in the Price Club check-out line on a Visitor's Pass? I hope I don't sound over essimistic because I am not. Overly, that is. I think you may have the plot for a movie here. Perhaps "Field of Dreams"...(build it and they will come...) Or how about "Dances With Facts" uith a local all-star cast? Diane S. Smith 3900 Crofton Way So. SF. CA Quote: "Let us have faith that Right makes Might, and in that faith, Let us, to the end, dare to do our duty as we understand it."-- Abraham Lincoln I think over the years that quote has been reversed to Might making Right - but it still does not. 2/26/92 Page 8b AGENDA ACTION TAKEN ~.EGISLATIVE BUSINESS ~8. Motion - Continued. 320 LEGISLATIVE BUSINESS $1,100,000; there had been a start-up loan of $375,000 from the General Fund in FY 1989-90, and an interest payment of $37,000 was paid in 1989, and then $25,000 was paid and the balance of the principle was $187,500 and would be paid from Measure C funds, as well as her own salary. Councilman Drago stated that he had believed that the full amount of the loan would be paid in one payment, and not be strung out. He stated that that had been his concern - a tight budget, where $60,000 interest payment would be crucial to the operations. Discussioh followed: operating costs; revenue by year; financial reports had been presented to Council most recently in October. City Attorney O'Toole stated that during the course of the campaign Councilwoman Teglia contacted his office and asked whether or not he thought there would be a conflict of interest if she accepted campaign contributions from certain busi- nesses in the City. He continued, at that time before she accepted the contri- butions he indicated to her that he did not think a conflict of interest would exist, and the basis of that opinion was Section 84308 of the Political Reform Act which specifically exempts campaign contri- butions from the conflict of interest provisions. He stated that after the filing of Councilwoman Teglia's final disclosure report for the campaign filings he contacted the Fair Political Practices Campaign Opinion Unit to get concurrence with his initial opinion. He stated that the specific contributions raised by Ms. Smith were related to the FPPC Unit and they concluded as he had earlier, that there is no conflict of interest for Councilwoman Teglia in voting on City Council matters. He stated that that was a telephone opinion from the FPPC. 2/26/92 Page 9 AGENDA ACTION TAKEN - 321 .... lEGISLATIVE BUSINESS .8. Motion - Continued. LEGISLATIVE BUSINESS Vice Mayor Teglia stated that the money had been reported in the period received, which had been the third filing. Ms. Smith stated that Mrs. Teglia's Schedule F showed an accrued expense, unpaid bills, for election night at the Radisson of $250.00 for her party. Vice Mayor Teglia stated that she owed that amount, as well as having an outstanding loan of $1,300.00 of her own funds which probably would be forgiven. Mayor Penna stated that the Council had talked about giving an appearance of a conflict of interest, and if there was an appearance then a Councilperson should stay away from voting on it. Vice Mayor Teglia stated that she had accepted the money, and the FPPC had allowed her to vote, and she intended to vote. Councilman Drago stated that last year the Council had dealt with ethics, and he was sure that it was something not illegal, but that didn't make it right if the perception is there, it is wrong and the perception is there and the Council should do something about it. Ms. Smith stated that if she went to the Radisson and entertained people she was expected to present cash or her American Express card and pay the bill. Mr. Paul Tognetti, 845 Olive Ave., stated that he had known Roberta all her life and her honor and integrity were beyond reproach and this whole charade made him laugh, so in the interests of senior citizens and good government he would pay the $250.00 on behalf of the Council- woman to end this. He stated that the whole discussion was ridiculous - we have a conference center 2/26/92 Page 10 AGENDA ACTION TAKEN LEGISLATIVE BUSINESS 8. Motion - Continued. 322 LEGISLATIVE BUSINESS that would be a money maker in the future, and the City could not stand still and was going in the right direction. Mayor Penna stated that this was not a question of who was going to pay a bill, it was a question of whether there is a conflict or an appearance of one; and whether this Council wants to react to it. He stated that Mrs. Teglia has the ability to pay the bill. Vice Mayor Teglia stated that one was allowed to carry a debt, and sometimes there were debts after an election. She stated that all of her campaign debts were paid with the exception of this one, and the hotels had been kind enough and the bill would be paid; and thanked Mr. Tognetti for his offer. Mayor Penna stated that even though it had been said that it is not something that is dishonest to do, we try to con- duct our business, and in this case $2,000 was coming from the hotels. He stated that he understand that the Councilwoman had a right to vote, however, there is a question regardless in reference to one of the bills to the Radisson for rental of the hall or whatever. Vice Mayor Teglia stated that the $250.00 was what she could afford, and other ame- nities had been extended. She stated that she had received money from different sources, however, she was not an agent for any interest in this community other than the City Council and had gone on record in protecting the revenue and services of the City. Discussion followed: that campaign contributions over $100.00 had to be ite- mized and reported; that this did not have an impact on the hotels; Mayor Penna 2/26/92 Page 11 AGENDA ACTION TAKEN --~'~EGISLATIVE BUSINESS 8. Motion - Continued. PUBLIC HEARING 977 9. Conduct Public Hearing; resolution to amend the Master Fee Schedule to reflect yearly dance premises license fees. A RESOLUTION AMENDING CHAPTER 1 OF THE MASTER FEE SCHEDULE OF THE CITY OF SOUTH SAN FRANCISCO 323 LEGISLATIVE BUSINESS was concerned with the Vice Mayor's involvement with the Conference Center and how it had been pushed, and now contributions from hotel people to her campaign and to no one else's; Mayor Penna believed she should not serve on the Conference Center Board because of her closeness; Vice Mayor Teglia stated that she had never promoted anything but the City's position often to the ire of the other Boardmembers; City Attorney reminded the Council that he represented all of the Council; Councilman Drago had requested financial projections because he felt this could put the City in a deficit position; amount of Measure C funds received to date; salary and bene- fits for the Director; that the Council should stay on top of the Conference Center budget, etc. M/S Teglia/Fernekes - To adopt the Ordinance. ORDINANCE NO. 1111-92 Carried by majority roll call vote, Councilmembers Drago and Nicolopulos voted no. PUBLIC HEARING Mayor Penna opened the Public Hearing. Police Sgt. Petrocci stated that the Council had adopted an ordinance con- cerning public rental halls, dance pre- mises, and dancing, and this resolution would move the yearly fees into the Master Fee Schedule consistent with City policy. Mayor Penna closed the Public Hearing. M/S Nicolopulos/Fernekes - to adopt the Resolution. RESOLUTION NO. 16-92 Carried by unanimous voice vote. 2/26/92 Page 12 AGENDA ACTION TAKEN .. 324 ITEMS FROM COUNCIL LO. Oral Committee reports. 11. Subcommittee report, and adoptionoj_ of resolution setting policy for recruitment, evaluation and termination of department heads - continued from the 2/12/92 meeting. A RESOLUTION OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO ADOPTING A POLICY FOR THE RECRUITMENT, EVALUATION AND TERMINATION OF DEPARTMENT HEADS ITEMS FROM COUNCIL Vice Mayor Teglia reported on a Subcommittee meeting with Willow Gardens homeowners and plans to upgrade common greens and add an assessment of $290-390 to perhaps do all of the improvements at once over an 18 month period. Mayor Penna related a complaint on not enough wheel chair access to City Hall and other buildings, and Assemblywoman Speier wanted a meeting here with the handicapped. City Manager Armas spoke of a C/CAG meeting, and a discussion followed on regional government and cities losing land use decisions which would be brought to the Council in March. Mayor Penna had suggested at the meeting that instead of having 20 governments in San Mateo County, have north, south, central, and coast cities, and rather than have 20 school districts have cities incorporate the districts into the city. Councilman Fernekes reread the resolution for the edification of the audience in the policy to be employed. Ms. Patty Shelly, 2435 Tipperary, stated that she was an elected member of the Water District, and being elected, did not envy the position Council was in today. She stated that she had been following this item in the newspapers and had talked to many people, and felt it was a tempest in a teapot - you have a City Manager that does things his way, and doesn't feel he has to follow the rules or policies set before -- talk about the tail wagging the dog. She stated that you also have a Councilperson whose got things so stirred up in this City that the storm has escalated into a tornado that threatens to destroy everything that gets in its way. She stated that she would like to address 2/26/92 Page 13 AGENDA ACTION TAKEN .- 325 iTEMS FROM COUNCIL 11. Subcommittee - Continued. ITEMS FROM COUNCIL the real issue, that they had an insubor- dinate city manager who has forgotten who he has to answer to, and the Council needed to pull together for the good of the City by serving the City and not theirselves, and get rid of the insubor- dinate employee regardless of the cost. Mr. Robert Stevens, 2435 Tipperary, stated that he still felt that the City Manager should have the absolute authority to hire and fire the subor- dinates, but there was a double sided coin. He continued, there was a situation of insubordination and possible failure to comply with his contract, and a violation of the Brown Act due to a straw vote taken on the phone. He stated that this had resulted in a divided com- munity, not by the Council, but by the hired help, and the manager may have lost the trusted confidence of the majority of Council. He stated that the Manager did not have his confidence, because he had lost his credibility. He stated that you can't have it both ways - you have a referendum, and the thing you are going to vote on tonight, and no matter what happens you are going to have a strained relationship. He suggested that the Council bite the bullet, pay off the $60,000 contract, and start collecting rent on the house you went half on, and get harmony and peace in the City. Ms. Diane Smith, 3900 Crofton, stated she concurred with the previous speakers sen- timents and opinions, and wished to compliment Councilmembers Fernekes and Drago on this resolution which was an attempt to compromise and solve this problem. She stated she was sorry Mrs. Teglia trivilized it in the newspapers by calling it window dressing, and was not sure what she meant by that. She stated that the only problem with the implemen- tation of this resolution was that it was 2/26/92 Page 14 AGENDA ACTION TAKEN - 326 ITEMS FROM COUNCIL 11. Subcommittee - Continued. ITEMS FROM COUNCIL based on a democracy, government by the people through their elected represen- tatives where four fifths of our elected representatives feel this is required. She stated that the manner in which busi- ness has been conducted more closely resembles an autocracy - one man rule with unlimited power - which she did not believe would be tolerated in S.S.F. Mr. Paul Tognetti, 845 Olive Ave., stated that he had listened to the speakers, which they had a right to do, but he did not think they knew all the facts in the case. He stated that at the last meeting Councilman Drago had read his letter to the Editor, and felt that he should read one he hoped would be published showing the other side: Councilman is defending the majority of the Council's actions, and talks about the concern of following rules and not about the selection of the Fire Chief - hog wash, nothing is further from the truth; this was to improve the firemen's morale and the mask slipped when the firemen went on public record in support of the new Chief and City Manager; that a Councilman accused the City Manager of not following rules when he has been known by the retirees of not being able to cut the emotional ties from his previous position; he had been informed to abstain from a conflict of interest emotionally on matters affecting the Fire Dept.; that the City was back in the good old boys of politics; that the City Manager did follow the rules stated in his contract; that politics should be kept out of the selection process; that people were willing to sign the referen- dum; and he had been told that the Mayor was from Grand Ave. and wants to return to the good old days when Grand Ave. called the shots for the City; an 80 year old woman said that politicians should keep out of the selection process; the Council had full control because the people had voted for them; that there had been a successful recall in Fremont 2/26/92 Page 15 A6ENDA ACTION TAKEN 32? mITEMS FROM COUNCIL 11. Subcommittee - Continued. ITEMS FROM COUNCIL because the Council was interfering with the City Manager; that if this hiring had been of any position other than Fire Chief it would not have been dragged across the front pages, it would have been kept behind closed doors; and people were embarrassed by the whole thing. Mr. Phil Weiss, 222 Brentwood, stated that this fiasco had raised a large con- cern in his neighborhood over pro- fessionalism in City government - which had been the case in Chicago and New York where they are highly politicized, and we don't feel that it is appropriate for the Council to make those decisions. He stated that the people wanted the most qualified candidate for Fire Chief and any other position and not a politi- cal appointee. Mr. Jake Jones, 12 E1Campo, stated that he was a fifty year resident and remem- bered the old days too when Mrs. Teglia's father got a job during the old days. He stated that he had worked with the Fire Dept. and on many elections, and in 1970 there was a group called VTN being con- sidered to help run the City. He stated that they had formed the United Taxpayers of S.S.F. that had firefighters and other City employees involved to save the Fire Dept. because other cities were farming out safety services to VTN. He stated that petitions workers said they wanted to also do away with the Fire Chief when the man got the job legitimately, and a petition was successfully cir- culated and as a result we have a fine Fire Dept. today. Vice Mayor Teglia stated that this thing had become more convoluted, when it started with one event that did not go well, and there was an attempt to change the entire structure of government by deleting language in the Muni. Code on the power to hire and fire. She stated 2/26/92 Page 16 A G E N D A A C T I O N T A K E,N 328 ITEMS FROM COUNCIL 11. Subcommittee - Continued. ITEMS FROM COUNCIL that she did not believe the Council should go back to that form of govern- ment where the Council was deeply involved, and that was what the petition was based on. She stated that the event that took place was the hiring of a Fire Chief. She stated that the proposed reso- lution lists out ad infinitum a variety of tasks the Manager would have to follow which did not change many things. She stated that she believed that the Manager did adhere to, or substantially adhered to the policies. She stated that the Council had been informed beginning in August and there had not been any concerns up to the time of the selection was going to be made - which was done, not in writing, but we were informed. She stated that in city manager form of government the manager hires and fires and was held responsible for that perfor- mance. She felt that taking that power away and giving it to political bodies was the way it used to be, and the current system had safeguards such as if they were opposed they could by a 4/5 vote oppose the hiring or firing - which had not been done. She stated that the Council had become angry, and that was where the insubordination charge came in, and there was a vote to fire the Manager. She stated that there were not 3 members that felt he had violated his contract - and now we are going to change the pro- cess. She believed that the Manager had not caused this, but the Council. She stated that the Council had a Fire Chief they could not touch because it is sen- sitive, and the Fire Dept. believes him to be professional and want to protect him. She stated that everyone believed that by passing the ordinance it freezes everything, yet this whole thing could be too expensive politically, so they are blaming it on the Manager who was a 2/26/92 Page 17 AGENDA ACTION TAKEN - 329 'ITEMS FROM COUNCIL 11. Subcommittee - Continued. ITEMS FROM COUNCIL competent man being torn apart to make the Council look okay. She stated that she had called the reso- lution window dressing because the Council did not need more power - they have a lot, and this would make a Council form of government when the Council is not qualified to make those judgments. She stated that this was just a policy that the Council did not have to follow. She stated that the Manager was held in check by the Council with its 4/5 veto power. She stated that there were no positions to be filled, and suggested the Council take its time and have a workshop among resource people to work out a city manager form of government that will work for this city. Councilman Drago stated that he had earlier documented everything with respect to the subject, and did not use smoke screens. He felt it was ironic that Mr. Birkelo had operated under the system proposed on 1/22/92 and he had been hired under that system and the recommendation was made by Mr. Birkelo. He stated that the Council had just voted to take a department head out from under the authority of the City Manager and placed her under the Authority which Roberta sits on and is a voting member. He stated that the Subcommittee had attempted to answer the concerns of the community on the hiring practices and it was a great step forward. He stated that the letter in the newspaper had been co- authored by Councilman Fernekes, however, they had neglected to print his name. He stated that the other was a paid ad he had put in because he felt people were being mislead by the good old days. He stated that he did not feel that one person who does not have ties to the com- munity and has an average tenure of five years should hire department heads who 2/26/92 Page 18 AGENDA ACTION TAKEN - 330 TEMS FROM COUNCIL ~1. Subcommittee - Continued. ITEMS FROM COUNCIL set policy every day - when the Council stayed and lived with the mistakes made. He stated that he hoped there were not enough signatures on the referendum because it would prolong this until June and spend $30,000 the City could not afford, however, he felt it should go on the ballot. He stated that the Council hired the City Manager and the City Attorney, yet they could not hire the department heads. Vice Mayor Teglia stated that the Director was hired by the City Manager to operate the center, and Councilman Drago had been opposed to that and we moved in the direction of an Authority being established which took her out of City employment. She stated that she had got- ten a message tonight that she was not going to be on the Authority. Mayor Penna stated that he did not believe that the Council should hire and fire department heads, but believed that they should be involved in the process which the contract called for. He stated that he questioned if the night the Manager asked if they wanted a meeting called - did he know who the appointment would be. City Manager Armas stated that he had indicated at that time that he would sub- mit a resume, but had been close to hiring. Discussion followed: there was a pro- cess, a clause in the contract that said when the Manager was ready to appoint he would call a closed session; it said that a closed session would be held; Councilman Nicolopulos felt the whole thing was a fiasco and should be let go; that Mayor Penna had not voted for the budget because that was the only way the Council controlled the department heads who only responded to the City Manager, etc. 2/26/92 Page 19 AGENDA ACTION TAKEN ~ 331 11. Subcommittee - Continued. M/S Drago/Fernekes - To adopt the Resolution. RESOLUTION NO. 17-92 Carried by majority roll call vote, Vice Mayor Teglia voted no. GOOD AND WELFARE GOOD AND WELFARE No one chose to speak. CLOSED SESSION CLOSED SESSION 12. Closed Session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. Council adjourned to a Closed Session at 11:20 p.m, to discuss a real property transaction concerning the Mazzanti Property pursuant to GC 54956.8; and a citizen complaint pursuant to Government Code 54957. RECALL TO ORDER: Mayor Penna recalled the meeting to order at 12:23 p.m., all Council was present, no action was taken. Adjourn the meeting to Wednesday, 3/4/92, 7:00 p.m., Municipal Services Building, Community Room, 33 Arroyo Drive, for Items 3, 4, 5 and 6 after sufficiency of referen- dum signatures have been determined by the City Clerk. M/S Drago/Fernekes - To adjourn the meeting to Wednesday, 3/4/92, 6:30 p.m., Municipal Services Building, Community Room, 33 Arroyo Dr., for Items 3, 4, 5, and 6 after sufficiency of referendum signatures have been determined by the City Clerk; and a Closed Session pursuant to Government Code. Carried by unanimous voice vote. ADJOURNMENT: RESPECTFULLY SUBMITTED, Barbara A. Battaya, C~ City of South San Francisco Time of adjournment was 12:23 a.m. John~enna, ~tt,v, gr -- City of S~cisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 2/26/92 Page 20