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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