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HomeMy WebLinkAboutMinutes 1994-11-16Mayor Joseph A. Fernekes Council: Jack Drago John R. Penna Roberta Cerri Teglia Robert Yee MINUTES City Council City Council Conference Room City Hall November 16, 1994 217 AGENDA ADJOURNED REGULAR MEETING CALL TO ORDER: (Cassette No. 1) ROLL CALL: 1. Closed Session: pursuant to GC 54957.6, to meet with its designated representatives - Acting City Manager, Director of Personnel, City Attorney and IEDA Representative Craig Jory on labor relations matters and the employee organizations are AFSCME, Police, Fire, Operating Engineers, Man- '--- agement and Confidential Group and Public Safety Managers; pursuant to GC 54957, to consider per- sonnel matters on the City Manager recruitment. Councilman Penna Arrived: Councilman Penna Left the Meeting: Councilman Penna Arrived: RECALL TO ORDER: RECESS: RECONVENE: ALL TO ORDER ACTION TAKEN ADJOURNED REGULAR MEETING 4:15 p.m. Mayor Fernekes presiding. Council Present: Drago, Teglia, Yee and Fernekes. Council Absent: Penna. Council adjourned to a Closed Session at 4:16 p.m. to discuss the items noticed. Councihnan Penna arrived at the meeting at 4:24 p.m. Councihnan Penna lea the meeting at 5:20 p.m. Councilman Penna arrived at the meeting at 6:10 p.ln. Mayor Fernekes recalled the meeting to order at 6:50 p.m., all Council was present, no action was taken. Mayor Fernekes recessed the meeting at 6:51 p.m. in order to reconvene the meeting at 7:00 p.m. at 400 B Street for the joint meeting with the School District Trustees. Mayor Fernekes reconvened the meeting at 7:10 p.m., all Council was present. S.S.F. Unified School District Boardmembers pres- ent: Braschi, Latham, Von Schell and Hoch. 11/16/94 Page l AGENDA ACTION TAKEN Discussion regarding Joint Facilities Use Agreement and Spruce Gymnasium Agreement. .5- I t91 S.S.F. Unified School District Boardmembers ab- sent: None. Councilwoman Teglia stated the Mayor asked her to make comments on this subject, in that they were both members of the School Liaison Subcommittee. She related: there was a concurrence from the Council for this joint meeting, due to the high de- gree of frustration the Council 'Subcommittee has; the Liaison Subcommittee has worked well for 16 years on the joint use agreement; this Subcommittee has been working over 9 months on the agreement, the Board's members have changed on the Subcom- mittee and there are different messages coming on existing levels of program participation, which has led to much confusion; requests for information from the School District have been ignored and has resulted in the whole Subcommittee not being on the salne wave length; it has resulted in a need for a written request on something for the respective bodies to recognize a request; the Subcommittee was getting no where slowly and felt it was time for discussions by the elected ofl'icials to discover com- mon ground and then have staff hammer out the proposal; without commonality the staff will floun- der, because the effort has not been good for the Board nor the City; the City had only agreed to pay $10,000 more tbr use of the swimming pool for summertime; the third party issue is a sore point; there is a question of what the District wants for sports fees and everyone wants to know, because we have day care, and it is still a question of whether the District wants to take over the day care pro- grams; do not know the effect on the agreement fi'om the bond issue to be put to the voters this spring; the question of the City purchasing Spruce Gym has not been discussed; there has not been ac- knowledgement tbr the expenditure each year of $138,000 tbr the police program and the others are the crossing school guard program and maintenance of the fields; so there is $300,000.00 the City spends annually that is not recognized; renovation of the gym was made possible by the City accessing $225,000.00 and there is an agreement that sets parameters for use in recognizing the two invest- ments; the City is of the opinion they are subsidizing the District and a fl'ank talk is needed for a mutual joint use agreement to be effected. School Board Trustee Latham stated he was a mem- ber of the Liaison Subcommittee and it would be 11/16/94 Page 2 AGENDA ACTION TAKEN 2.__. Discussion- Continued. 11/16/94 Page 3 difficult to address all of the many issues brought upby Councilwoman Teglia at this time. The Subcomcommittee met and talked over these prob- lems and them turned over to the staff to work them out - but nothing seems to have developed along that line. He did not basically know where the problem is, but thought they needed to identity what the problem is and, once that is identified, we will have a kind of laundry list. He asked what the two bod- ies perceived as the lnajor problems. Councilman Drago felt there was an uncooperative attitude on the Board's part, as illustrated by the cre- ation of the new redevelopment area to provide funding for the undergrounding of BART, and not being able to meet face to face, which he felt could be done as elected officials without posturing be- cause we serve the same people. Another issue is the Avalon School problem - with quibbling over the trees and who is paying for the parcels. It seems both sides continue to posture and those barriers have to be broken. You force people like me to say, if you want to pla~, hardball, change parks. The Liaison Subcommittee should not have to do that and should be able to work it out. He did not feel the bodies could hide behind the Subcommittee nor staff, a rneeting should be called when things can't be worked out and don't drag it out for 9 inonths. Mayor Fernekes felt the real issue that is frustrating, fi'om the Council's point of view, is that we want COlnpletion of this agreement and we do not want to come back year after year to negotiate. We have been dealing on a multi-year basis and it seems this is the stumbling block - with 9 months having passed, we have to start again for a one year agree- ment. He did not want to come back year after year and, all of a sudden, be asked what he would be willing to pay for the day care program. Yet, we still do not have the figures. This was why he voiced his fl'ustration at a public meeting. We keep waiting. We have asked tbr two years if you would be inter- ested in selling the Spruce Gym but have yet to hear a response. Discussion followed: School District Liaison Member Latham remembered saying in Subcommit- AGENDA Discussion- Continued. ACTION TAKEN - 220 tee meetings, the School District was not interested in selling the Gym; Superintendent of Schools Rigg did not believe there is any writing on the subject but the District had said no; Mayor Fernekes stated Dr. Rigg said he put that out in a report; Trustee Latham suggested that the break down could have come from the Council not making a formal request to purchase the Spruce Gym, then the staff and Board would have responded; the Board was only looking for negotiations for this year, because of the bond issue, and later look at it and then get into a long term agreement; it was the School District that resolved the Avalon tree problem by taking over that responsibility; the District had responded to the impact report through the formal process; President Hoch reminded the Council of procedures to be followed in declaring land surplus and land was not for sale until it had gone through that process; the gym was still being used by the School District and was not a facility they intended to sell, as Mayor Fernekes should know, having been a School Board Trustee; the School District had leased out part of the Gym; why hadn't Dr. Rigg or the Subcom- mittee told the Council they were not interested in selling Spruce Gym; Trustee Von Schell apologized for the District's lack of communication on the Spruce Gym not being for sale; the District had undergone a study to declare surplus property and Spruce Gym was not in the report; the Board could only act as a full Board, the Subcommittee brings things to the full Board for consideration and is not a negotiating Body; Councilwoman Teglia was con- cerned with the nasty articles in the newspapers about the current negotiations - while for 15 years there had been a JPA without newspaper articles; the District was looking for support on the bond issue from the City to improve some of their facilities and. if it is successful, they will accept a long term JPA: if the bond does not pass, the City will not have an agreement; three months ago there was an offer fi'om Dr. Rigg saying the District was ready to sign off on the present agreement, with the agreed upon modification, yet nothing has come forward from the City; Mayor Fernekes brought it up at a couple of Council meetings, with unanimous support of Council, to ratify the agreement and the Acting Manager was to relay that to the School District's staff; with a year agreement, July 1st through June 30th, the City could not deal with the fields and clay care programs; the School District did not want to be tied to a tine year agreement that might not 11/16/94 Page 4 AGENDA ACTION TAKEN 221' Discussion- Continued. 11/16/94 Page 5 serve their needs and, at the same time, cut academ- ic programs; the issue ofthe issue of cost recovery and the District not supplying data to the City; an understanding was needed on public access, child care programs, acquisition of the Spruce Gym and lastly the agreement fi)r the Spruce Gym; Acting City Manager Mattel had pres- ented the informa- tion to City staff in meetings; Councilman Penna was concerned that the communi- ty would stiffer fi'om a one year JPA agreement, which has not been effected in nine months; the District needs $30,000,000 to fix the buildings; police liaison program; the City had assessed a parcel tax tbr the storm water program but the District has to go to the voters tbr money and get a 2/3 majority; $100,000,000 is what is needed by the District, however, it was felt the public would only go for $30,000,000; Subcommittee should try to knock out the JPA agreement the first week in Janu- ary; President Hoch wanted to see a study done if the District was going to take over the child care program, however, that will take 90 days; the District's Business Manager did work on cost recov- ery and that can be made available at the next Sub- committee meeting; Board Trustee Von Schell asked that she be appointed to the Subcommittee and get this done; Vice Mayor Yee wanted the JPA extended to December, a year from now, and to work out a new agreement and a new attitude; if figures proved that the District was not getting its faiar shake then the Vice Mayor would support a change or perhaps hire a third party to see where the imbal- ance is; it has been the direction of the Council to not take positions on measures, however, there have been people speaking pro and con at a Council meeting on a measure; does the Education Code require recreation space at schools; the only change in the agreement is that the City agrees to pay $10,000.00 for the swimming pool; concern over third party usage of the pool; the District has just received the Spruce Gym agreement this week; President Hoch is afraid the area of discussion is going beyond the Brown Act; etc. Mrs. Joy Ann Windier questioned: doeg the agree- ment for Spruce Gym have third party people pay to use it after 4:00 p.m.; is there a charge on City time by the School District; School District President Hoch responded in the affirmative. AGENDA ACTION TAKEN Discussion - Continued. 11/16/94 Page 6 Mrs. Windier felt that the public is charged twice for the renovation of $225,000 the City paid and then being charged again on City time and asked the District to look at that. The second point is that, in the best of times, it is difficult to pass a bond issue when it is a new tax. The District has the Spruce Gym and other assets that would bring a great deal of money. She felt that asking for a bond issue with a lot of assets was a mistake. Assistant Superintendent-Business Services Fox stated they had not been provided an executed copy of the Spruce Gym Agreement, as their copy is only executed by the City, and wanted all pages signed. The agreement says that the City may utilize the gym fi'om 9:00 a.m. to 4:00 p.m., but that does not mean that the City has the right to provide that to third parties. Third parties are not cities and City liabilities are only tbr City use. Acting City Manager Mattel stated she had a copy of the agreement with a letter to the District to execute the two originals and return to the City. She stated the original resolution was in existence. Assistant Superintendent-Business Services Fox stated he was unable to find an agreement signed by both parties but found minutes where the Board authorized the agreement being executed - $10,000.00 was paid and the City assumed it was accepted. Superintendent of Schools Rigg stated minutes show that a resolution was passed and authorized execution of the agreement, st) the intent was there. Mrs. Marge Blank, 343 Forrestview Dr., stated she did not believe the Council had come to resolve this issue: the City spends about $300,000 on the police liaison program and maintenance; Mr. Fox will not give her a ball park figure on what the District spends, but do we spend close to what the City spends; you don't have the number there or you don't want to give it to her; it appears the City wants to acquire the Spruce Gym; she cared about the Spruce Gym and the JPA and the issues should be resolved by June; she was not in agreement with the City buying the Spruce Gym; she remembers a Trustee saying that someone should research selling property piece meal, other than at Ponderosa - which was being used as a rental; etc. AGENDA ACTION TAKEN 22 Discussion- Continued. 11/16/94 Page 7 Mr. Jim Keegan, 1244 Crestwood Dr., questioned if the Council seriously wanted to buy the Spruce Gyln. Mayor Fernekes stated that was asked by the Sub- committee of the District Members and when an answer was received it would then come back to the Council for discussion. Councilwoman Teglia stated this idea went back quite a ways and the Council has changed, however, Councihnelnbers continue bringing that to the liaison group. This particular Council has not discussed it as a Council but this is a concern from a prior Council. Mr. Keegan questioned why the City would want to buy it when they have a joint agreement and can use it without buying it. Discussion followed: Councilman Penna would only be in favor of the purchase it the City did not have a joint agreement; Mr. Keegan questioned if the City was going into general obligation bonds to pay for the purchase, because it would not be within the budget; Mr. Keegan noted that the City did not have the money tbr the Orange Park Expansion and felt the whole thing should be put to rest; the Spruce Gym is located in the redevelopment target area and there are funds that can be used; the earlier Council idea was to acquire the Gym and the space behind it and make it a recreation and cultural arts facility; President Hoch again felt this discussion was in violation of the Brown Act; under the Brown Act there were nc) restrictions, because it was an opportunity for the public to speak; etc. Mrs. Mina Richardson questioned if the amount of the bond had been determined and what amount would be assessed each taxpayer. Discussk)n fi)llowed: the issue of the bond itself is not agendized and cannot be discussed; to go with the agreement to June 30th; Trustee Latham wanted to see continuation of the agreement agendized on December 8th and the third party issue, so there would not be a violatk)n of the Brown Act; consen- sus of Council for the JPA to be extended to 6/30/95. M/S Teglia/Yee - To ac[journ the Council meeting. AGENDA ACTION TAKEN 224 kDJOURNMENT: Carried by unanimous voice vote. Time of adjournlnent was 9:30 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. Jo.~6plYA. l~,rn}kes, Ma~ov C'.~y of S~ta Sa~cisco The entries of this Council meeting show the actk)n taken by the City Council to dispose of an item. Oral communica- tions, 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. 11/16/94 Page 8