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HomeMy WebLinkAboutMinutes 1994-05-11 Mayor Joseph A. Fernekes Council: Jack Drago John R. Penna ~Roberta Cerri Teglia Robert Yee MI NU T_E.~ City Council Municipal Services Building .. Community Room May 11, 1994 284 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS "--'roclamation - National Letter Carriers' Food Drive Day day 14, 1994 Resolution Commending Arthur Tognazzini .5-0':/7 Proclamation - National Historic Preservation Week May 8-14, 1994 3'-0':]' 7 ~,GENDA REVIEW ACTION TAKEN 7:33 p.m. Mayor Fernekes presiding. Council Present: Council Absent: Drago, Penna, Teglia, Yee and Fernekes. None. The Pledge was recited. Rev. Lendi, St. Veronica's Church, gave the invo- cation. PRESENTATIONS Vice Mayor Yee read the Proclamation aloud and presented it to U. S. Postmaster Dan Martin. Mayor Fernekes read the Resolution aloud and presented it to Arthur Tognazzini. Councilman Drago read the Proclamation aloud and presented it to Historic Preservation Commissioner Feudale. Historic Preservation Commissioner Feudale stated that history doesn't belong to historians, but to all of us - through history stories passed down through generations, that tell us who we are, where we came from and enrich our lives. He stated that tomorrow night the Commission would honor students from various schools for competing in San Mateo County History Day. He stated 52 students would receive certificates for their outstanding work and he felt it was gratifying to see our schools and students so involved in history and preservation. AGENDA REVIEW City Manager Wohlenberg stated there were no 5/11/94 Page 1 AGENDA ACTION TAKEN AGENDA REVIEW REPORT OF THE CITY MANAGER ORAL COMMUNICATIONS 5/11/94 Page 2 285 AGENDA REVIEW changes to the Agenda. REPORT OF THE CITY MANAGER City Manager Wohlenberg related: he had received a notice from BART regarding current work under- way in the community; geotechnical field investiga- tions will be performed along the old S.P. right-of- way corridor, from the end of the track in Colma to the vicinity of the Tanforan Shopping Center; the work activities to take place on the soils; the work would take place Monday through Friday, from 7:00 a.m. to 6:00 p.m. He continued: the County Planning Commission held another meeting this afternoon on the Manila Avenue Church, focusing on the Negative Declara- tion, however, the item was continued to 6/8/94, to have County staff respond more fully to comments on the Neg. Dec.; City staff had submitted com- ments and had represented the Council's position of supporting the prezoning in that area; the Council's last action had been to oppose any changes in con- flict with our zoning in that area. Vice Mayor Yee asked for a copy of the comments and response to the Negative Declaration our staff submitted. City Manager Wohlenberg related future study ses- sions: 5/18/94 on storm water management ordi- nance and an update of the status of the East of 101 Area Plan, with recommendations from the Subcom- mittee; several meetings before adoption of the budget in June; 6/1/94 on a whole strategy for fin- ancing the Waste Water Treatment Plant; etc. ORAL COMMUNICATIONS Mr. Joseph Stamatis, 269 Avalon Dr., related: he was currently an officer in the Avalon/Brentwood Homeowners Assn. and, at the 1/19/94 meeting, had asked Council to support residents of Avalon/ Brentwood and Country Club Park to secure a new zoning amendment in Country Club Park to limit the number of institutions located there; the Council had voted 5-0 to support the residents there for the zoning change; after several County meetings, with letters from this Council, the County officials A~ENDA ORAL COMMUNICATIONS 5/11/94 Page 3 ACTION TAKEN- .. 2.86 ORAL COMMUNICATIONS supported this change and the residents were suc- cessful in securing a zoning amendment which plac- es a limit on the number of institutional facilities in Country Club Park at 5, 3 existing and two with valid use permits; there are 5 other institutional facilities adjourning Country Club Park in S.S.F. for a total of fourteen; he felt this was more than enough for the needs of the residents in the area. He cited concerns: there are still large parcels in the immediate area adjoining Country Club Park, including the Avalon School site; the building area specifically will soon be sold; he understood some of these parcels are being considered for institutional usages now, since the zoning change has taken place, and respectfully asked the Council for an urgency ordinance to amend the zoning for the Avalon/Brentwood area surrounding Country Club Park to match the new County zoning ordinance for Country Club Park; if an urgency ordinance is not possible then he wanted to go on record to request a moratorium on any expansion of existing facilities, or any new development in the area, other than single family residential, until a planning study could be done to control institutional type devel- opment in this zoned low density, R-l, Single Fami- ly area; although the neighborhoods have different names, they are all one area and what happens in any one area affects us all. Councilwoman Teglia requested that both items be placed on the next agenda and wanted staff to pre- pare both items so Council could go one way or the other and have total flexibility. Interim City Attorney Nave stated he could prepare a moratorium ordinance or a zoning amendment but could not do an urgency ordinance, because of State law requirements wherein it had to go before the Planning Commission. Ms. Karen Bakkan, 226 C Street, asked the Council to pass a non-smoking ordinance to include all pub- lic buildings in S.S.F. for the benefit of non-smok- ers who have to inhale secondhand smoke who work in those buildings. She asked that the proposed ordinance be expanded to include vending machines and any kind of sale of tobacco, other than those done over the counter, so they are not accessi- AGENDA ACTION TAKEN 7_87 -.-ORAL COMMUNICATIOLNS 5/11/94 Page 4 ORAL COMMUNICATIONS ble to minors. She felt it important as a community that we set values and show our children that we value non-smoking. Councilman Penna suggested agendizing, at the next meeting, a non-smoking ordinance to see if the Council wants a 100% non-smoking in the City, which will include vending machines. Councilman Drago pointed out that the Council already has an ordinance prohibiting smoking in public buildings. Councilwoman Teglia stated the ordinance currently covers all publicly owned facilities and all municipal buildings and this is going beyond that - to buildings that are in private ownership. Ms. Patricia Burke, 1700 E1 Camino Real, 21-73, cited her concerns: that the City's cost for BART is absolutely unknown to us at this time; the Colma station has already doubled in price and is not yet done; San Mateo Times article today quoted a price of $600 million plus to get Caltrain into service from Gilroy to San Francisco; this will cost tax payers $1.2 or 2 million - to go 6.5 miles; she did not believe this serves the people of San Francisco nor any of the No. County cities; she was a member of a group that wants to stop BART at Colma because of the expense; people were coming into the mobile park scaring the residents; she presented a package of information to each Councilmember; Burlingame City Attorney is going to subpoena Samtrans records to show where the money is going; this City could end up with the end of BART sitting in the middle of Hickey Blvd.; BART could use the money, up to 1997, without going to the Airport - which is called "ice tea"; there will be at least two transfers in using BART to the Airport; not all BART trains would go to the Airport - only two lines; the ridership for transportation to the Airport is 70 % from the south and only 30 % from the north; Caltrain could be extended instead of the cost of BART; she had information on real estate involv- ing BART; a subway is not going to happen in S.S.F.; she wanted to be agendized for a future meeting to discuss the matter. Councilman Penna felt it might be time to agendize A~ENDA A~!~ ~A~EN .QRAL COMMUNICATIONS COMMUNITY FORUM 5/11/94 Page 5 288 ORAL COMMUNICATIONS the item, get public input and find out the concerns of the people in the area. Vice Mayor Yee did not see a need to agendize the item, because the EIR would be before Council shortly and that would be the opportunity for public input. Councilwoman Teglia stated that it was not neces- sary for the item to be agendized, because Ms. Burke could speak at any meeting under oral com- munications. Mr. Clarence King, 217 Bruce Avenue, stated he was a former teacher and encouraged the Council to pass an ordinance eliminating smoking machines and the accessibility of cigarettes to children. Mr. Jay McCobbrey, San Mateo County Health Dept., encouraged Council efforts to protect the public health from second hand smoke and from the tobacco products industry. He proceeded to hand the City Clerk a model non-smoking ordinance. He spoke of their, program to educate people on the effects of second hand smoke and addiction to tobac- co products. COMMUNITY FORUM Councilwoman Teglia spoke of the new Brown Act: requirements of notification and posting; she had asked people wanting notification to contact the City Clerk; she wanted all such notices to be sent to the City Clerk's Office for public information at the same time they were posted; she was concerned that, if there was a slip up - the law made the Council liable for violation and not staff. Vice Mayor Yee stated he wanted to get a copy of all the Subcommittee notices relating to the meetings he attends. Councilwoman Teglia spoke of a newspaper article on diminishing revenues for the expansion of Orange Park vs. the retrofitting of City Hall and the Grand Ave. Library. Discussion followed: there had been an East of 101 meeting and the FARs had not been discussed; AGENDA ACTION TAKEN 289 . COMMUNITY FORUM ONSENT CALENDAR Motion to approve Minutes of the Adjourned Regular Meeting of 4/6/94 and Special Meeting of 4/13/94. 2. Motion to confirm expense claims of 5/11/94..~-~ ! Resolution awarding contract for specific street and parkway landscaping areas to Gachina Landscaping Management in the amount of $70,887.00 as the lowest responsible bidder. A RESOLUTION OF AWARD OF CONTRACT FOR THE STREET AND PARKWAY LANDSCAPE AREAS Resolution of award of contract for maintenance of the West Park 1, 2 and 3, Stonegate Ridge and Wil- low Gardens Common Greens to Four Seasons Land- scaping and Maintenance in the amount of $150,600 as the lowest responsible bidder. A RESOLUTION OF AWARD OF CONTRACT FOR WEST PARK 1, 2 AND 3, STONEGATE RIDGE AND WILLOW GARDENS COMMON GREENS COMMUNITY FORUM suggestion made to go back to the Airport and ask for a recirculation of the EIR; Committee authorized four studies for area ratios but felt this could not be included without a recirculation of the EIR; Coun- cilman Drago wanted the financing of Orange Park and retrofitting City Hall agendized and he wanted to be on the Committee to come up with new fi- nancing; City Hall retrofitting plans and specs and going to bid would be in October; in November would be the report on the relocation options; the Orange Park Project would come to Council in June; Councilmen Yee and Drago attending two meetings - one was Oyster Point Interchange, wherein the Pro- ject is $2 million short and the City Manager and staff are going to look at ways to make up the short- fall; the other report was on the famous permit process that goes back to last September; as of today, nothing has been done; they had asked the City Manager to come up with a solution and deal with the issue; if there was not a solution, the item would be agendized by Vice Mayor Yee and he would propose a solution. CONSENT CALENDAR Approved. Approved in the amount of $1,379,752.55. Removed from the Consent Calendar for discussion by Vice Mayor Yee. Removed from the Consent Calendar for discussion by Councilwoman Teglia. 5/11/94 Page 6 A~ENDA CONSENT CALENDAR Resolution awarding contract for specific street and parkway landscaping:areas to Gachina Landscaping Management in the amount of $70,887.00 as the lowest responsible bidder. ._~'OO A RESOLUTION OF AWARD OF CONTRACT FOR THE STREET AND PARKWAY LANDSCAPE AREAS Resolution of award of contract for maintenance of the West Park 1, 2 and 3, Stonegate Ridge and Wil- low Gardens Common Greens to Four Seasons Land- scaping and Maintenance in the amount of $150,600 as the lowest responsible bidder. ~,00 A RESOLUTION OF AWARD OF CONTRACT FOR WEST PARK 1, 2 AND 3, STONEGATE RIDGE AND WILLOW GARDENS COMMON GREENS PUBLIC HEARINGS Public Hearing - Proposed Statement of Objectives and projected use of Community Development Block Grant Funds for Fiscal Year; Conduct Public Hearing; resolution approving the Statement. ~"0~ A RESOLUTION APPROVING AND AUTHORIZ- ING THE SUBMITI~AL OF THE STATEMENT OF OBJECTIVES AND PROJECTED USE OF COM- MUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 1994-95 ACTION TAKEN . 2.90 CONSENT CALENDAR MIS Yee/Penna - To approve the Consent Calendar with the exception of Items No. 3 and 4. Carried by unanimous voice vote. Director of Parks, Recreation & Community Ser- vices Nagel stated the bids had come in previously, been rejected by Council and bid again. He stated that these were two new bids and there had been a drop in the bid price. M/S Yee/Teglia - To adopt the two Resolutions. RESOLUTION NO. 50-94 RESOLUTION NO, 51-94 Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Fernekes opened the Public Hearing. CDBG Coordinator Fragoso gave the staff report. The following representatives of non-profit organizations gave presentations: Ms. Louis Brusco, S.S.F. Womens Club; Mr. Paul Blackburn, Second Harvest Foodbank; Ms. Kathleen White, Child Care Coordinating Council; Mr. Ray Pittsinger, CID; Mr. Richard Plunkett, Friends to Parents; Ms. Sue Christensen, Shelter Network. Mayor Fernekes closed the Public Hearing. Discussion followed: that new money should be revisited where Child Care Coordinating Council gets some; measuring the success of these programs; concentrating on child programs in the future. M/S Teglia/Drago - To adopt the Resolution and allocate $1,000 to No. Peninsula Family Alterna- 5/11/94 Page 7 AGENDA _ACIIQN TAKEN PUBLIC HEARINGS ;. Public Hearing - Continued. RECESS: RECALL TO ORDER: ADMINISTRATIVE BUSINESS 6. Consideration of options for determining the City's stormwater management fees for Fiscal Year 1994- 1995. ~-O~ PUBLIC HEARINGS fives, $1,000 for Abused Women, $1,000 for Eclipse and $3,000 for Child Care Coordinating Council. RESOLUTION NO. 52-94 Carried by unanimous voice vote. Mayor Fernekes declared a recess at 9:25 p.m. Mayor Fernekes recalled the meeting to order at 9:40 p.m., all Council was present. ADMINISTRATIVE BUSINESS City Manager Wohlenberg stated that Council dir- ection had been to establish fees relating to parcel size, which the County was also looking at County- wide, but it had not yet been done. He was seeing if we could hire someone to get it done for the current fee to be imposed and discovered there was time to meet the timetable. Coordinator of Stormwater Management Plan Mitch- ell Wade gave the staff report: described the pro- posals received to do the work; timetable for Coun- cil action, in time for the tax to be put on the prop- erty tax rolls; an option was to leave the fee as it was last year and next year utilize the County's parcel figures or utilize one of the firms to develop the figures by parcel. Mr. Jake Jones, 12 El Campo, stated that last year, when this was implemented, it was the same short time line that the Council was asked to act upon. He questioned why staff could not compute the tax based on the size of the parcel, when they have had a year in which to do it, because it was not a fair tax the way it is. He questioned: how much tax had been collected last year and what staff had done with it; why a management person was needed for this job; how were the fees administered. Councilman Drago stated he had voted against this, was opposed to these parcel taxes and wanted to know what he, as a taxpayer, and the City would get for the tax. He continued, County literature says 5/11/94 Page 8 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 6. Consideration of Options - Continued. 5/11/94 Page 9 293 ADMINISTRATIVE BUSINESS they are going to raise it from $1.00 to $3.00 and their budget is going to go up. We are looking at $455,000 and he would like to ignore this and let it go away. Vice Mayor Yee stated the Council needed to step back and take a look at some questions that Coun- cilman Drago asked. He had asked his own ques- tions of the City Manager this afternoon: if we do nothing - what are the consequences; what are other people doing within our bay area; can we do some- thing less than what we are doing for the $22.00. He stated that a lot of these questions need to be answered before it is the same basic problem we heed in June 1992, where we do not have time, because it is not on the agenda to authorize the consultants and it seems we are running around. He did not see in the report why we have to charge $22.00, a lot of these things don't fit, yet we need the staff for a full year and we wait until the last minute. He questioned if this was the best we can do to meet the spirit of the law - can we charge less. He had told the City Manager he could not support the $22.00 per parcel tax as he had last year. Coordinator of Stormwater Management Plan Mitchell Wade related: the City has a resolution in place that placed fees and staff had to come back to the Council to impose the fees for the next year in time to place it on the property rolls; the $250,000 was attributable to storm drains and the rest was for her salary and the cost for the mandated services; the $22.00 fee is for the coordination of our in- volvement and documents had been produced by the County; she had been involved in the development of the brochure, video and fact sheets; had recruited students to paint the 1400 storm drains, and 60 had been painted thus far; collecting, monitoring data in the storm drains. Discussion followed: what was being done to the storm drains for $250,000 that was not previously being done; half of this money is going for the same work we have been doing; it was federally mandated to clean up the water ways; copper was the largest element in the storm drains and the levels needed to be monitored and reduced by the end of the AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 6. Consideration of Options - Continued. Resolution approving the South San Francisco Con- ference Center Authority Fiscal Year 1994-95 budget. A RESOLUTION OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO APPROVING THE CONFERENCE CENTER FISCAL YEAR 1994- 1995 BUDGET . 292 ADMINISTRATIVE BUSINESS five year plan; an ordinance had to be adopted to allow the City to go on private property to see how much they are dumping into the drains; penalties were on the civil level - $10,000, and on the crimi- nal level - $25,000; Councilman Drago had yet to see the specific program and was sure it could be related to the treatment plant; establishing rewards for the arrest of polluters; the discussion should be continued to the study session and staff will get more information together; the question to Council is do you wish to have any fee imposed on the property rolls or spend $7,000 to have figures devel- oped on the parcel size; how does Council know that the street cleaning does not comply with the man- date, because we sweep our streets once a week; if the Council did not go for the funding, then there was nothing in that account; what the plan address- es; whether each City has a coordinator; some cities are doing it in-house with other jobs; we have over 400 businesses, and may be the only city with two people other than Daly City; Mr. Jones felt this tax was circumventing Proposition 13; the bids received for the work ranged from $7,000- $150,000; this issue should have been talked about six or nine months ago; $7,000 does not satisfy the intent; this item would be before Council before 6/15/94 to set fees. Conference Center Executive Director Carl present- ed the staff report: the budget was based on one year's operation; the corporate market is 85-90% of their business and the rest is banquet market; slip- page in Jan. and Feb. in Measure C funds, so the projected T.O.T. was 59% occupancy; next year's projection is 65%. Discussion followed: a higher debt service; the debt service had been restructured; there is a loan out- standing, yet it is not shown; the loan must be paid by 6/30/98 with revenue from the lots; concern over increases to employees salaries from 2-1/2 to 4% - when City employees are being offered nothing. M/S Penna/Yee - to adopt the Resolution. RESOLUTION NO. 53-94 Carried by unanimous voice vote. 5/11/94 Page 10 A~ENDA ACTION TAKEN - 294 .-~DMINISTRATIVE BUSINESS Consideration of proposal by the Conference Center Authority that City financial support of the San Mateo County Convention and Visitors Bureau be adminis- tered by the Authority. ~-/~ RECESS: RECALL TO ORDER: ADMINISTRATIVE BUSINESS Conference Center Executive Director Carl stated the support had been raised by one of the hotel representatives on the expenditure and how it was monitored, because they worked so closely with the hospitality industry. She stated that these funds were a stand alone item, the goals of the City and the Authority are the same and she wanted Council to consider this during the budget. Councilwoman Teglia had a problem with turning over $100,000 to the Authority and felt it should be done by the Council because the amount is not a given. She stated they got the Executive Director of the Authority on the Board, which gave the Authori- ty some power. She wanted to see the criteria and the specifics from the Authority, because the Coun- cil was the Body held accountable. She was dis- turbed that the City Manager as an ex-officio mem- ber is carrying this forward. Discussion followed: in the goals and objectives in the marketing plan for the Convention Bureau the Authority needs to see the benefit of the services to our hospitality industry; the fee was paid on a quar- terly basis; need a quarterly performance evaluation; nothing wrong in telling the Convention Bureau there is going to be a criteria set up and Mrs. Carl will be strong in the process; Councilman Drago wants Authority officially noticed as the muscle (the City Agent) in their dealings with the Bureau, real- izing it is controlled by Council; Former City Attorney O'Toole to draft resolution for the next meeting, where the criteria and the funding becomes automatic - if they meet the criteria. Consensus of Council - To place a resolution on the next agenda. Mayor Fernekes declared a recess at 11:05 p.m. Mayor Fernekes recalled the meeting to order at 11:10 p.m. Councilman Penna asked that items not be consid- ered after 12:00 a.m. He stated that the 6:30 p.m. closed session meeting had been cancelled. Mayor Fernekes stated that only in an emergency would there be an early meeting, otherwise closed 5/11/94 Page 11 AGENDA ADMINISTRATIVE BUSINESS Consideration of proposal - Continued. Resolution authorizing an agreement with Arthur Anderson & Co. to conduct an audit of the disposal costs charged by Blue Line Transfer to the S.S.F. Scavenger Co. for an amount not to exceed $36,500 and amending the Operating Budget. .5'2.2.7 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR TRANSFER STATION RATE REVIEW AND APPROVING BUDGET AMEND- MENT 94-5 TO THE 1993-1994 OPERATING BUDGET ACTION TAKEN - 295 ADMINISTRATIVE BUSINESS sessions would be held at regular meetings. City Manager Wohlenberg related: Council had directed an audit be done; Subcommittee worked on this; three bids received; Councilman Yee felt Ar- thur Anderson was the best firm and Councilwoman Teglia felt that Hilton had more experience. Councilwoman Teglia related: Subcommittee had two different directions it went in; she did not have a problem with this firm, because she was delighted to be able to look into the Scavenger's books; she 3wanted to know what it costs to do business in S.S.F.; this grew out of a rate review that saved us money; concerned that Councilman Yee picked the firm the Scavenger Co. wanted to do the work; she felt all of this should be on T.V. for the public's information; etc. Vice Mayor Yee resented the implication that the Scavenger Co. made his decision for him on Coopers and Lybrand. Councilwoman Teglia felt the Scavenger Co. was working the system and, because they objected to this firm, the City may end up in Court, however, she did not mean the Scavenger Co. had bought Vice Mayor Yee; etc. Vice Mayor Yee stated he had a lot of respect for Councilwoman Teglia, had not disagreed with her selection and did not criticize her choice. He stated that there were three firms, she chose one, he chose another and the City Manager recommends picking the third choice. M/S Penna/Drago - To adopt the Resolution. RESOLUTION NO. 54-94 Ms. Beverly Boblitt stated she was delighted the City was doing the audit and had saved us $1 million on a Company that would never open their books and hoped Arthur Anderson can do that. Mr. John Puloraiser stated he was a CPA, had done extensive rate reviews and felt that all three firms are creditable. He stated that users are the client, the Scavenger Co. is the vender and Council has an 5/11/94 Page 12 AGENDA ADMINISTRATIVE BUSINESS ~. Resolution - Continued. 10. Resolution authorizing installation of 4-way stop signs at Highland Avenue and Larch Avenue. A RESOLUTION AMENDING RESOLUTION 3812 AS AMENDED WHICH ESTABLISHES CERTAIN TRAFFIC REGULATIONS IN ACCORDANCE WITH CHAPTER 11.16 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE ACTION TAKEN . 296 ADMINISTRATIVE BUSINESS obligation to the client. He did not believe Hobson was qualified to do the financial audits. Carried by majority roll call vote, Councilwoman Teglia voted no. M/S Penna/Drago - To adopt the Resolution. · RESOLUTION NO. 55-94 Carried by unanimous voice vote. 11. Further consideration of City's regulations regardin g_ junk dealers and debris box services. 12. Consideration of report and recommendation regard- ing request to create a Public Safety Managers' Rep- resentative Unit. /5~ 0 oO Councilman Penna stated he had brought this issue up, however, he only received the staff report yes- terday. He requested the Mayor appoint a Subcom- mittee, which he would be happy to serve on, and come back and report on at the next meeting. Mayor Fernekes appointed Vice Mayor Yee and Councilman Penna to the Subcommittee. City Manager Wohlenberg stated he received a request from employees that they be separated from the Management & Confidential Employees Unit to form a new unit made up of fire and police. He had gone through the procedures and notified the em- ployees in the unit and had received comments. He stated the Interim City Attorney presented an extensive staff report on case law and Court deci- sions. He stated that, based on his experience in four other cities, the City could be nurturing more division of units, however, he could see how the police could be better served. He stated, if the Council felt otherwise, it should be taken to a vote of the unit. Councilwoman Teglia suggested the remainder of the agenda be carried over and we continue with this item. Mayor Fernekes stated that this item and 14 would be taken care of and the other items would be held over to the next regular meeting. 5/11/94 Page 13 AGENDA A~TION TAKEN ADMINISTRATIVE BUSINESS 2. Consideration of report - Continued. 5/11/94 Page 14 ADMINISTRATIVE BUSINESS Ms. Boblitt asked that she be notified of any Sub- committee meetings on the junk collector issue. Police Lt. Roy Varney stated he represented those police and fire managers who want to be recognized as Public Safety managers and had sent a petition last month to the City Manager. He stated that the · existing unit contained 70 people, including secre- taries, was quite diverse and made the bargaining issues difficult. He felt the staff report did not adequately address the criteria in the Municipal Code, like the commu- nity interest of the petitioners, scaled duties and the legal rights of the employees. He stated the City Manager's recommendation is based on the conten- tion it would create an additional unit and smaller units, but isn't that what negotiations are about. He stated this would not create a negative impact on the City's operations. He stated that the other issue was the Municipal Code, since there is confusion in the calling of the election, and asked that it be waived because of the unanimous support. He continued, demands to vote on who will represent them - the Municipal Code says the ballot lays out what organizations will vote and mentions the unit. He feels the Municipal Code was misinterpreted in this regard. He stated, why do an election of the whole unit when the impact is only on the 14 people asking to be represented separately. Councilman Drago stated he was not sure of the interpretation on the election process. He stated it would seem any breaking up of the units would have to be presented to all members of the unit. He stated this was not different than giving one unit an increase and no one else, because it would seem we would have to open it up to have them vote on that raise for you alone. He personally supported the request, because it fit more in his rational and was the first step. He stated the only point he would bring out was that he did not want to see it expanded beyond the people on the petition. Councilwoman Teglia stated that it was her under- A~ENDA · --~DMINISTRATIVE BUSINESS ~.. Consideration of report - Continued. 5/11/94 Page 15 ACTION TAKEN ADMINISTRATIVE BUSINESS standing that the issue of election does not apply to the police but, rather than go ahead and do it, they brought in the fire people. She felt it was better to have a group of that size rather than the Manage- ment and Confidential Unit, but we can not allow this without an election, according to her under- standing. Interim City Attorney Nave stated that, because of the fire people, it requires a vote of the bargaining unit. Councilwoman Teglia stated that it makes more sense to have them together and could support the petition, because part of that group is going to go. Police Lt. Varney felt the Council could recognize the unit. He stated the City was bringing in a tech- nical agent, yet we cannot vote on bringing in that person. He related: this is a group with commonality; the Municipal Code talks about the election of the orga- nization, not the individuals; the only time it talks about the individuals is when it talks about the vote of two organizations; the vote should only be for who the group wants to represent them. M/S Drago/Teglia - To set an election as a separate bargaining unit. Discussion followed: Council should deal with the whole issue, because the managers should all be in one group; should not keep breaking up into smaller groups; Police Lt. Varney pointed out that the law allows units, upon commonality - such as with overtime, to have a non-adversarial approach; Coun- cilwoman Teglia related that Councilman Drago always felt this unit was unwieldy and perhaps, dur- ing the election, everyone will look at it; Mayor Fernekes felt there was consensus to have this go to election and start to combine some of the groups based on commonality; City Manager Wohlenberg felt the City would not be better served with more units; all managers should be in a group by them- selves; police have an exit law to get out of this unit; City Manager Wohlenberg felt that having secretaries in the unit was the problem and the Council should look at the whole unit; Police Lt. AGENDA ACTION TAKEN 299 -: ~DMINISTRATIVE BUSINESS 2. Consideration of report - Continued. 13. Consideration of Monthly Report on City Goals and Objectives - May, 1994. LEGISLATIVE BUSINESS 14, Motion to waive reading and introduce an ordinance creating a City Cultural Arts Commission (continued from the 4/13/94 meeting). AN ORDINANCE ESTABLISHING A CULTURAL ARTS COMMISSION PURSUANT TO CHAPTER 2.80 OF THE SOUTH SAN FRANCISCO MUNICI- PAL CODE ADMINISTRATIVE BUSINESS Varney stated, if they were successful in breaking away and the group was changed, they could rejoin the group later; Interim City Attorney Nave stated, if all the Management and Confidential Employees Unit would agree to the split, there would be una- nimity and an election would not be needed. Carried by majority roll call vote, Vice Mayor Yee voted no. The item was continued. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. M/S Drago/Penna - To waive reading, introduce the ordinance and make it a four year term. Carried by unanimous voice vote. 15. Motion to waive reading and introduce an ordinance requiring separation of recyclables by commercial and industrial customers. AN ORDINANCE AMENDING SECTION 8.16.090 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO THE SEGREGATION OF REFUSE AND RECYCLABLE GOOD AND WELFARE CLOSED SESSION 16. Closed Session - City Council to meet with its desig- nated representatives - City Manager, Director of Personnel, Fire Chief and Negotiator John Hughes, regarding labor negotiations pursuant to GC 54957.6; the employee/employer organizations are IAFF Local 1507 (Fire Fighters) and AFSCME Local 1569. RECALL TO ORDER: The item was continued. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 12:25 a.m. to discuss the items noticed. Mayor Fernekes recalled the meeting to order at 1:20 a.m., all Council was present, no action was 5/11/94 Page 16 AGENDA : ~'ECALL TO ORDER - Continued. ADJOURNMENT: ACTION taken and direction was given. TAKEN 3OO M/S Penna/Drago - To adjourn the meeting to Wednesday, 5/18/94, 7:00 p.m., City Council Con- ference Room, City Hall, for the discussion of the stormwater ordinance and East of 101 Area Plan. Carried by unanimous voice vote. Time of adjournment was 1:21 a.m. RESPECTFULLY SUBMITI'ED, APPROVED. Barbara A. Battaya, City Clerk City of South San Francisco i~l of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- '%ns, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the f-flee of the City Clerk and are available for inspection, review and copying. 5/11/94 Page 17