HomeMy WebLinkAboutMinutes 1984-07-02Mayor Mark N. Addiego
Vice Mayor Richard A. Haffey
Council:
Emanuele N. Damonte
Gus Nicolopulos
Roberta Cerri Teglia
MINUTES
City Council
City Council Conference Room
July 2, 1984
AMENDED NOTICE
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the
State of California, that the City Council of the City of South San Francisco will hold a
Special Meeting on Monday, the 2nd day of July, 1984, at 4:00 p.m., in the City Council
Conference Room, City Hall, 400 Grand Avenue, South San Francisco, California.
Purpose of the meeting:
1. Motion to set a Public Hearing date of 7/25/84 to consider the report of
sewer rental charges for 1984-85.
Motion to cancel the Public Hearing of 7/11/84 and reset the Public Hearing
for 7/25/84 for the Gateway Redevelopment Project Supplemental Draft
Environmental Impact Report.
3. Motion to cancel the Public Hearing of 7/11/84 and reset the Public Hearing
for 7/25/84 on the Amendment to the Habitat Conservation Plan.
Closed Session for the purpose of the discussion of personnel matters, labor
relations and litigation.
~City o/f~South~dd~e'g°~San Fran~4]co
Dated: June 30, 1984
A G E N D A
SPECIAL MEETING
CALL TO ORDER:
ROLL CALL:
(Cassette No. 1)
PLEDGE OF ALLEGIANCE:
Motion to set a Public Hearing date
of 7/25/84 to consider the report
of sewer rental charges for 1984-85.
ACTION TAKEN
SPECIAL MEETING
4:15 p.m. Mayor Addiego presiding.
Council present:
Council absent:
Recited.
Nicolopulos, Teglia,
and Addiego
Haffey and Damonte
M/S Nicolopulos/Teglia - To set 7/25/84
as a Public Hearing date.
Carried by unanimous voice vote.
7/2/84
Page 1
AGENDA
ACTION TAKEN
185
Motion to cancel the Public Hearing
of 7/11/84 and resent the Public
Hearing for 7/25/84 for the Gateway
Redevelopment Project Supplemental
Draft Environmental Impact Report.
Motion to cancel the Public Hearing
of 7/11/84 and reset the Public
Hearing for 7/25/84 on the Amendment
to the Habitat Conservation Plan.
M/S Nicolopulos/Teglia - To cancel the
Public Hearing of 7/11/84 and reset the
Public Hearing for 7/25/84.
Carried by unanimous voice vote.
M/S Nicolopulos/Teglia - To cancel the
Public Hearing of 7/11/84 and reset the
Public Hearing for 7/25/84.
City.Clerk Battaya stated that she would
pubhsh a cancellation notice for the
7/11/84 regular meeting per Council
direction.
She stated that a notice had been put in
front of Council with a request for a
Closed Session from the Assistant City
Attorney.
Mayor Addiego questioned if there were
other items for the Closed Session.
City Manager Birkelo stated no there were
not.
Assistant City Attorney Katz stated, "I
would like to formally state for the
record that I am requesting an oppor-
tunity to speak to you before this
meeting is concluded in Closed Session on
a personnel matter relating to the
7/29/84 memo that I received from the
City Attorney regarding my notice of ter-
mination. I am requesting this and I
want it to be an exclusive meeting absent
any other members of Staff. I base that
- if you need further offer of proof of
the record on the City Ordinance itself.
I met with the -- first of all I would
like to say for the record, I met with
the City Manager on today's date at 2:00
p.m., to discuss this matter precisely
and I was advised by him -- perhaps Walt
would like to speak for himself, that he
was not aware of any absolute right that
I had to have a Closed Session before the
City Council."
Mayor Addiego questioned the Assistant
City Attorney bringing forward an item
that did not appear on the Agenda.
7/2/84
Page 2
AGENDA ACTION TAKEN
City Clerk Battaya responded that the
meeting was noticed for personnel mat-
ters, labor relations and litigation.
City Manager Birkelo stated that if the
Council went into Closed Session he would
recommend that the Council do it not
because it agreed that the Assistant City
Attorney has any legal right to such a
hearing.
Assistant City Attorney Katz stated that
if the City Manager was going to be
stating that on the record at this time,
she would like to state on the record why
she did have a legal right to be heard by
the City Council in Closed Session.
Mayor Addiego stated that he felt clumsy
under the circumstances and was willing
to take the document with him but would
exit the meeting and it would not be
possible to hold a meeting with the City
Council.
City Clerk Battaya stated that the Brown
Act did allow an individual the right to
call for a Closed Session on a personnel
matter.
Assistant City Attorney Katz stated that
the City Ordinance allows this right for
her to make the request and was not
bringing the Brown Act into this matter.
Mayor Addiego stated that he would like
to have that explained by an independent
counsel and if the Council went into
Closed Session he would leave the
meeting.
Assistant City Attorney Katz stated that
the City Manager Ordinance stated that he
has the right to dismiss and appoint
those employees who are a part of the
competitive service. She stated that by
Ordinance her position had been excluded
from the competitive service. She again
requested a Closed Session to have her
side heard as she had submitted to the
Council in writing a formal request.. She
stated for the record that this meeting
7/2/84
Page 3
AGENDA
ACTION TAKEN
was agendized and fully noticed for a
Closed Session and documents had been
presented to the Council that she felt
pertinent to her case.
Councilwoman Teglia suggested that the
Council meet in Closed Session, take this
matter under submission and not make a
decision and go ahead with the Closed
Session for whatever other purposes
including a personnel matter she wanted
to discuss with the Council - then make a
decision about this matter.
Mayor Addiego questioned if she was
saying that the Council take the matter
under advisement in Closed Session and
not hear the Assistant City Attorney.
Assistant City Attorney Katz requested
clarification on the record - you are
denying me a Closed Session meeting with
the Council tonight.
Councilwoman Teglia stated that that
determination had not been made.
Councilman Nicolopulos requested a Closed
Session on a personnel matter and the
Assistant City Attorney may remain until
the session is concluded.
City Manager Birkelo stated that he was
not suggesting that the Council deny the
Assistant City Attorney the right to a
possible hearing, however since there is
a difference of opinion as to her legal
right in that regard the Council should
take the matter under advisement and then
let her know whether her redress is with
my office or whether she has the oppor-
tunity to meet at the convenience of the
entire Council.
Councilwoman Teglia stated that she would
like a separate attorney dealing with the
matter and advising Council.
City Manager Birkelo stated that he pro-
posed to bring an outside attorney into
the matter.
7/2/84
Page 4
AGENDA
CLOSED SESSION
4. Closed session for the purpose of
the discussion of personnel matters,
labor relations and litigation.
RECALL TO ORDER:
ADJOURNMENT:
ACTION TAKEN
z88
Assistant City Attorney Katz again
requested a Closed Session, off the
record, for the Council to hear her side.
Councilwoman Teglia questioned if there
was any problem of hearing what the
Assistant City Attorney had to say.
City Manager Birkelo stated that as long
as the Council did not in effect
recognize her legal right that the
Council was the appointed authority.
Council adjourned to a Closed Session at
4:29 p.m., to discuss a personnel matter.
Mayor Addiego recalled the meeting to
order at 4:55 p.m., all Council present,
no action taken.
Mayor Addiego stated that the City
Council had returned from its Closed
Session in regard to the personnel matter
and in regard to the request of the
Assistant City Attorney, the Council
would like to indicate to Mrs. Katz the
Council was taking the request under
advisement at this time and would like
her to continue to pursue her administra-
tive remedies with the City Manager, but
is not prepared to hear a Closed Session
at this time. He stated that any
questions that the Assistant City
Attorney might have in regard to admi-
nistrative remedies should be directed
personally to the City Manager.
M/S Teglia/Nicolopulos - To adjourn the
meeting.
Carried by unanimous voice vote.
The meeting was adjourned at 4:56 p.m.
7/2/84
Page 5
AGENDA
ACTION TAKEN
RESPECTFULLY SUBMITTED,
ttaya, ~i ty Cj~rk
City of South San Francisco
APPROVED:
Mark )q. Addieg~, Mayor.
City (of South 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.
7/2/84
Page 6