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
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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