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HomeMy WebLinkAboutMinutes 1992-05-27 Mayor John R. Penna Council: Jack Drago Joseph A. Fernekes (Open Seat) ~--loberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION: AGENDA REVIEW City Manager Armas Requested: - Continue Item No. to 5/28/92. __blayor Penna Requested: - Continue Item No. 11 to 6/10/92 due to a potential conflict because he has a client in the neighborhood. ORAL COMMUNICATIONS MINUTES City Council Municipal Services Building Community Room May 27, 1992 ACTION TAKEN 7:30 p.m. Mayor Penna presiding. Council present: Drago, Fernekes, and Penna. Council absent: Teglia. The Pledge was recited. Rev. Johnson, Our Redeemer Lutheran Church, gave the invocation. AGENDA REVIEW So ordered. So ordered. ORAL COMMUNICATIONS Ms. Rosa Perez asked the Council to waive fees for the use of Room A and B at the MSB on 6/4/92 for the All Souls School's graduating class. Mayor Penna stated that this item came up after the posting of the agenda, and a Motion was necessary to add it to the agenda. M/S Fernekes/Drago - To add the item to the Agenda. Carried by unanimous voice voice. M/S Fernekes/Drago - To waive fees. Carried by unanimous voice vote. Mr. Michael Leddy, 116 Cuesta Dr., stated that he was much more comfortable behind 5/27/92 Page I AGENDA ACTION TAKEN -"~RAL COMMUNICATIONS ORAL COMMUNICATIONS microphones rather than in front of them. He stated that during the last several Council meetings in this room there had been allusions to the audio system, yet the problem had never been declared or defined. He stated that as an audio system designer he had analyzed the audio system and had interviewed several of the users and found a lot of unsatisfied needs to be modified, and the machine is available once the Council decided to look for the solutions. He stated that the citizens of S.S.F. have a right to have the officials they elect perform their promised duties without distraction, but there is a problem you have to take action on or decide there isn't a problem and stop wasting company time. He requested that the City Clerk not be mentioned in Council complaints because he understood that the Council decided it needed better microphones, and Mrs. Battaya consented to handle the research and purchase. He stated that as an audio expert he could attest to the excellence of the Sony BF7 microphone, and knew no other expert would challenge his opinion. He stated that Mrs. Battaya did adequate research and had made a competent purchase. He stated that a non-expert opinion was expressed in a public forum, that Ms. Battaya had made a bad purchase and is therefor somewhat to blame for the frustration with the audio system. He stated that none of this was true, and up to this point it had been a case of not knowing - but now the facts had been announced and any further expression of this opinion would be a lie. He stated that he was sorry that another individual had to suffer this indigna- tion, but Ms. Battaya will live and it was not for him to see that she was free 5/27/92 Page 2 AGENDA ACTION TAKEN- 119 )RAL COMMUNICATIONS ORAL COMMUNICATIONS from such accidents. He continued, nor was it his place to dictate the pro- fessional environment you create for your- selves when one of your colleagues went the extra mile on behalf of the group but instead of being thanked for the extra effort and commended for a job well done, she is being blamed for a perceived failure of hers when in fact that problem doesn't exist in your audio system. He stated that knowing a volunteered effort can backfire so easily, who among you would be willing to take that risk the next time. He stated that in purchasing the microphones Ms. Battaya was not acting as a City Clerk because we had elected her to handle the logistics of our public records, and not for the maintenance of public facilities. He stated that the problem was in the box and not with the people even though the Mayor didn't use the mike properly, and Councilman Fernekes mumbles. He stated that the problem in the box or design system had to be defined and if the Council wanted to fix it then call him or some other audio expert to come in and speak with each of the users, and rede- sign the system. Fire Fighter Jim Selvitella, Fire Fighters Local 1507, stated that his Union sup- ported a no vote on Measure D. Ms. Diane Smith, 3900 Crofton Way, stated that she had received a leaflet on a no vote on Measure D, and according to the campaign statement filed by Mrs. Teglia she had paid the same $250.00 for printing that she had paid for her cam- paign party. She stated that the leaflet was on slick glossy paper, and felt that it contained lies. She made reference to Mrs. Teglia calling the Mayor a liar at a public meeting, and talked at length of Mrs. Teglia's efforts on behalf of her 5/27/92 Page 3 AGENDA ACTION TAKEN- 120 )RAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Adjourned Regular Meeting of 5/6/92, and the Special Meeting of 5/13/92. 2. Motion to confirm expense claims of 5/27/92. S~ e Resolution accepting dedication of a 4' street and highway easement on Parcel Map No. 92-285, Lands of the San Francisco Basque Cultural Center, Inc. at 599 Railroad Ave. 50~ A RESOLUTION ACCEPTING AN EASEMENT FOR STREET OR HIGHWAY PURPOSES FROM THE LANDS OF THE SAN FRANCISCO BASQUE CULTURAL CENTER, INC. e Resolutions awarding contract to Community Electric, Inc. in the amount of $141,462 as the lowest responsible bidder, and approp- riating $160,000 of gas tax funds for Airport Boulevard Street Light_ Improvements. ~o~'~ A RESOLUTION OF AWARD OF CONTRACT ORAL COMMUNICATIONS referendum and the election. She stated that if people were still willing to assist Mrs. Teglia, they should vote no on the measure, but if the people were for the return of good government, they should vote yes on Measure D. She stated that the Fire Union had contributed $1,500 to the no vote cam- paign on Measure D, yet of the 83 firemen in S.S.F. only 18 live in S.S.F. She felt that the reason for the support from the firemen was the pay package and perks. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. Approved in the amount of $1,338,519.77. RESOLUTION NO. 45-92 RESOLUTION NO. 46-92 Page 4 AGENDA ACTION TAKEN 121 ]ONSENT CALENDAR 4. Resolutions - Continued. FOR THE AIRPORT BOULEVARD STREET LIGHT IMPROVEMENTS A RESOLUTION APPROVING BUDGET AMENDMENT 92-8 TO THE 1991-1992 CAPITAL IMPROVEMENT BUDGET Be Resolution authorizing an agreement with Coopers & Lybrand for audit services for the 1992, 1993 and 1994 fiscal years. _q-~7 A RESOLUTION APPROVING THE RETENTION OF COOPERS & LYBRAND TO PROVIDE AUDIT SERVICES FOR FISCAL YEARS 1992, 1993 AND 1994 0 Resolution designating C/CAG as Program Manager for San Mateo County for AB434 Funds. A RESOLUTION DESIGNATING C/CAG AS PROGRAM MANAGER FOR SAN MATEO COUNTY FOR ASSEMBLY BILL 434 FUNDS ADMINISTRATIVE BUSINESS e Resolution authorizing supplemental consulting services agreement with Corlett, Skaer & DeVoto Architects to add 53 homes to the Aircraft Noise Insulation Project - Phase vi. A RESOLUTION AUTHORIZING EXECUTION OF A SUPPLEMENTAL CONSULTING SERVICES AGREEMENT FOR AIRCRAFT NOISE INSULATION PROJECT - PHASE VI '---8. Motion to adopt an ordinance allow- ing an interim appointment, elec- CONSENT CALENDAR RESOLUTION NO. 47-92 RESOLUTION NO. 48-92 RESOLUTION NO. 49-92 M/S Fernekes/Drago - To approve the Consent Calendar. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS City Engineer Van Dohren stated that the engineering estimate for this project was greater than the construction bid and allowed 53 homes to be added to the project. M/S Fernekes/Drago - To adopt the Resolution. RESOLUTION NO. 50-92 Carried by unanimous voice vote. City Attorney O'Toole stated that this ordinance allows future Councils to make 5/27/92 Page 5 AGENDA ACTION TAKEN___. 122 ~DMINISTRATIVE BUSINESS 8. Motion - Continued. tion or special election to fill City Council vacancies. AN ORDINANCE ADDING SECTION 2.18.040 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE ALLOWING FOR AN INTERIM APPOINTMENT, ELECTION OR SPECIAL ELECTION TO FILL CITY COUNCIL VACANCIES Resolution stating the City's intent to establish a redevelopment area for the E1Camino Corridor to help off-set the costs of locating the BART extension in a subway. ~ A RESOLUTION EXPRESSING THE INTENT TO ESTABLISH A REDEVELOPMENT AREA FOR THE EL CAMINO CORRIDOR ADMINISTRATIVE BUSINESS an interim appointment if there is a vacancy that occurs on the Council. M/S Drago/Fernekes - To adopt the ordinance. ORDINANCE NO. 1114-92 Carried by unanimous voice vote. Mayor Penna stated that both he and Councilman Drago were real estate agents and by ruling of the FPPC could not par- ticipate on this item which would leave the Council without a quorum. City Attorney O'Toole stated that the resolution should be continued because the resolution dealt with the creation of a redevelopment area, but felt it was important for the Council to listen for input on other items dealing with the BART Extension. Mayor Penna stated that when the item was continued and if the Council did not appoint, there would still be a deadlock because there would still be 2 out of 4 Councilmembers that cannot vote on the item. City Attorney O'Toole stated that the Political Reform Act allowed for those types of circumstances where more than one member had a conflict, it allows for a vote to be made by one Councilmember for a majority vote of the item. He stated that a name would be drawn out of a hat for the Councilman who will vote on the decision. Mayor Penna asked if it was proper to sit on the dais and listen to the staff report. City Attorney O'Toole stated that it was because it was not dealing directly with 5/27/92 Page 6 AGENDA ACTION TAKE~i 123 DMINISTRATIVE BUSINESS 9. Resolution - Continued. ADMINISTRATIVE BUSINESS the establishment of the redevelopment area. City Manager Armas suggested Council listen to the staff presentation and pose questions with respect to BART con- figuration and how it could be undertaken in our City; and continue the resolution to the next meeting. Mayor Penna expressed strong objection to this notion that because he is a realtor he had a conflict of interest according to FPPC attorneys, that a realtor would have a potential because a redevelopment area would increase his commission through increase of property values. He stated that he believed it to be a fallacy, and a discrimination policy on behalf of realtors by the FPPC, but he would abide by it. Councilman Drago stated that Councilwoman Teglia also had a real estate license, and if we were looking at anyone with that license being eligible to vote on redevelopment area how could they ever get a quorum to vote on redevelopment. City Attorney O'Toole stated that possession of a real estate license does not disqualify a member or give rise to a potential conflict according to the FPPC, but the usage of the license gives rise to a potential conflict. He stated that he had been informed that in Mrs. Teglia's case, she has never used that license. Councilman Drago stated that he had been prepared to remove Councilmembers from the Redevelopment Agency and replace them with residents, but questioned if that would serve any purpose because any action would still have to be approved by Council. City Attorney O'Toole stated that that was a policy decision for the Council to 5/27/92 Page 7 A6ENDA ACTION TAKEN. 124 -'-~DMINISTRATIVE BUSINESS 9. Resolution - Continued. Mayor Penna Left the Podium: RECESS: RECALL TO ORDER: ADMINISTRATIVE BUSINESS make. Councilman Drago stated that the City had made some commitments to the MTC Policy Board regarding developing a new redeve- lopment area, and if we maintain a 4 member board where only 2 can vote it made him very concerned. City Attorney O'Toole stated that the members with a conflict would have to draw lots to see who would vote on the issue. City Manager Armas stated that that was under the Rule of Necessity, and one would be allowed to vote as long as it was under a random process to act on the resolution. City Attorney O'Toole stated that if the action could be approved by a simple majority of the quorum, it takes 2 votes, if it needs a majority of the legislative body it would take 3 votes. Mayor Penna stated that this was why he was upset with the system because it pro- hibited certain people from really par- ticipating in the political process, and if certain people cannot participate in the process it was excluding certain types of representation. He stated that he would pursue it through the Calif. Assn. of Realtors because he felt it should be changed. Director of Economic & Community Development Costello began giving an update on BART and some of the issues for background information. Mayor Penna left the podium at 8:08 p.m. Due to the lack of a quorum the meeting was recessed at 8:09 p.m. Mayor Penna recalled the meeting to order at 8:15 p.m., all Council present. 5/27/92 Page 8 AGENDA ACT~'ON TAKEN 125 '--~DMINISTRATIVE BUSINESS 9. Resolution - Continued. ADMINISTRATIVE BUSINESS Director of Economic & Community Development Costello stated that the decision making hearings on selecting a preferred alternative on the BART Extension had started, and tomorrow the BART Bd. will be given direction to members of the three agency committee on the preferred alignment. She stated that the preferred alignment of a subway to So. Spruce Ave. with the Hickey Blvd. Station appeared to have support, and in the next 18 months there would be con- tinual work on this to make sure there is adequate financing. She stated that if there the alternative is not selected, then it would be a less expensive one. Spoke at length: that the at-grade was the worst scenario; to continue to advocate the subway: the preferred alternative would be selected by the end of this month, but less expensive alter- natives will continue to be looked at; progress was being made on establishment of the redevelopment area and its finan- cing which will give the City more input into the alignment; concern over the alignment from Hickey to Mission because it runs adjacent to the mobile homes and Macy's Warehouse, but is in Colma; as a City we need to support a subway for that section of the alignment in Colma, and the at-grade alternative eliminated; the issue being raised of eliminating the Tanforan Station; that the savings could be used to help offset a more expensive bypass; concern over parking; the elimination of the station could have severe parking and traffic impacts on the Hickey Station, etc. Mayor Penna stated that the City had made a presentation several months ago with a win win situation in regards to redeve- lopment, and felt it was a compromise situation when we are all being nickled and dimed. He stated that Colma had Street Car 40 running through it years past and didn't seem to mind, yet now to 5/27/92 Page 9 AGENDA ACT]'ON TAKEN, 126 ~DMINISTRATIVE BUSINESS 9. Resolution - Continued. ADMINISTRATIVE BUSINESS go underground in Colma with BART when S.S.F. is faced with the possibility of having to get redevelopment funds when S.S.F.'s portion of BART was a very small amount. He stated that he was of the opinion that if the Tanforan station was eliminated, then he thought it should stop right there, and he would prefer those funds spent to extend Caltrain to Market Street which would better serve S.S.F. and we could use the money on existing redeve- lopment areas. He spoke at length: that the real pur- pose of a transportation system was to take cars off the road, and have people take public transportation to their place of employment and home; transportation was needed along the Bayshore Freeway, the 101 Corridor, the S.P. right-of-way which would be much faster to the Airport and would go all the way to Gilroy and circle the entire bay with Caltrain, etc. Councilman Drago spoke of the many hours spent in meetings on BART, and of being very close to getting what we want, and if Tanforan was eliminated there would have to be studies on the impacts on the Hickey Station. He stated that he had thought there would be 4 Councilmembers to take a position to maintain in future meetings if BART, MTC, and Samtrans insist on eliminating the Tanforan Station, then a fall back posi- tion to eliminate the Hickey Station and go subway throughout. He stated that he had managed to get that statement out to them, and they were upset, but even though he agreed with the Mayor they had to wait and see what BART was going to do. Councilman Fernekes stated that he agreed with Councilman Drago that they had to wait and see. 5/27/92 Page 10 AGENDA ACTION TAKEN~ 127 iDMINISTRATIVE BUSINESS 9. Resolution - Continued. 10. Resolution calling a special elec- tion in the event the Council chooses not to appoint an Interim City Councilmember. 11. A RESOLUTION CALLING A SPECIAL ELECTION TO BE CONSOLIDATED WITH THE NOVEMBER 3, 1992 GENERAL ELECTION TO FILL THE COUNCIL VACANCY POSITION PURSUANT TO GOVERNMENT CODE 36512 Request for sewer hookup at 226 Country Club Dr. (Frank Fabiano). "~TEMS FROM COUNCIL 2. Oral Committee reports. ADMINISTRATIVE BUSINESS City Manager Armas stated that the origi- nal BART plan for at-grade had been detrimental to this City and through staff and the Subcommittee arguing this City's alternative and suggesting revenue from establishing a redevelopment area, had been to our advantage. He stated that we should not be misled into thinking a final decision had been made on Tanforan, and we will wait until that time to further emphasize this City's position. He stated that the dollars identified for this project were coming from the Federal Government because of efforts by our legislators, and BART was competing with a light rail project in San Jose for the funds. He stated that if BART does not go through, those funds were not for Caltrain, but perhaps legislators could include it in the BART Extension. Discussion followed: that a different source of revenue had to be considered for Caltrain; no where in the BART system does it have S.S.F. at-grade, yet that has been the threat; belief that the at- grade would be eliminated; attendance at tomorrow's BART meeting by a Council- member, etc. Continued to the 5/28/92 meeting under Agenda Review. Continued to the 6/10/92 meeting under Agenda Review. ITEMS FROM COUNCIL No one chose to speak. 5/27/92 Page 11 AGENDA ACTION TAKEN. 128 ~OOD AND WELFARE GOOD AND WELFARE Mayor Penna stated that now will be good and welfare. Councilman Drago said no, he had some things to say. He related things that he first thought were a set back on Measure D, but disco- vered it was the opposite: the Judge's ruling on the Fire Battalion Chief's lawsuit against the City was that the Manager's agreement was ambiguously writ- ten or did he even need the 4/5 vote to confirm, and ruled the way he did. He stated that three observations by this Judge showed him a change was needed: the failure to recognize that your local elected City Council by a 4-1 vote on this ordinance was ignored, and it was no different than any local land use deci- sion or agreement that has nothing to do with those that live outside our com- munity; our City has survived for many years outsiders telling us what we should not do. He stated that putting aside these exter- nal influences, he was bothered by a 15 year 4th term politician so against the yes on D, and the fact that the Councilwoman is concealing her involve- ment in D by the fact of not signing the argument against D after initiating the referendum. He stated that Roberta was listed with the State as controlling the Committee and could authorize yellow hit sheets to be distributed by City employees who don't even live in the City, and yet still manage to keep her name out of the picture. He stated that he took issue with the professional brochure on misleading claims that it would do away with a city manager, which is not true, and whether the Council endorsed the yes vote when the 4 Councilmembers names were on the ballot argument; the ludicrous statement that employees could not compete for top 5/27/92 Page 12 AGENDA ACTION TAKEN_ 129 ]OOD AND WELFARE CLOSED SESSION 13. Closed Session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. RECALL TO ORDER: ;OOD AND WELFARE ADJOURNMENT 14. Request to adjourn the meeting to Thursday, 5/28/92, at 7:00 p.m., at the Municipal Building Community Room, 33 Arroyo Drive for the purpose of interviewing candidates for an interim Council appointment, and a Closed Session pursuant to Government Code. ~DJOURNMENT: GOOD AND WELFARE jobs, when he had pushed for in-house promotions since being on Council. Mayor Penna stated that Council would now go into a Closed Session. City Clerk Battaya noted that the people had not had an opportunity to speak under Good and Welfare. Mayor Penna stated that he had already called for that. CLOSED SESSION Council adjourned to a Closed Session at 8:45 p.m. pursuant to G.C. 54956.9(sc) to determine whether to initiate litigation. Mayor Penna recalled the meeting to order at 9:15 p.m., all Council present, no action was taken. GOOD AND WELFARE Mr. Jake Jones urged the audience to vote yes on Measure D and return City Hall to the people. He stated that right now there was a problem with representation of only 4 Councilmembers, and urged the Council to appoint to fill the vacancy. ADJOURNMENT M/S Drago/Fernekes - To adjourn the meeting to Thursday, 5/28/92, at 7:00 p.m., at the Municipal Services Building Community Room, 33 Arroyo Dr., for the purpose of interviewing candidates for an interim Council appoint; Resolution calling a special election for November 1992; and a Closed Session pursuant to Government Code. Carried by unanimous voice vote. Time of adjournment was 9:20 p.m 5/27/92 Page 13 ~,ESPECTFULLY SUBMITTED, Barbara A. Battaya, City Cl~p~ City of South San Francisco Mayor San Francisco 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. 5/27/92 Page 14