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CC 09-30-08D U P E RT I N O APPROVED AZINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, September 30, 2008 ROLL CALL At 5:08 p.m. Mayor Dolly Sandoval called the regular adjourned meeting to order in Conference Room A of City Hall, 10300 Torre Avenue, Cupertino, California. Present: Mayor Dolly Sandoval, Vice-Mayor Quin Mahoney, and Council members Mark Santoro, Kris Wang and Gilbert Wong. Absent: none. STUDY SESSION Guidelines for City Council meetings. Mayor Sandoval asked for suggestions and feedback from the Council members about way to streamline the City Council meetings. Wong moved and Santoro seconded to re-arrange the agenda to discuss this item after item No. 3. The motion carried with Sa~idoval and Mahoney voting no, and Council moved on to discuss the next item. 2. Discussion of ordinances related to the City Manager and City Attorney positions. The Council members asked clarifying questions about various sections of ordinances relating to the City Manager and City Attorney positions, as well as about the City Attorney's contract. The City Attorney explained that after Council had reviewed the attorney's contract in detail, he forwarded the changes to Council and asked for additional comments. When no further comments were forthcoming, he then forwarded that version of the document to Murray and Associates for their use in the City Attorney position recruitment. However, if there were technical changes or new items to add, Council could do so now. Council discussed section 2.18.040, and ~_he City Attorney explained that the text had been written when the Attorney's position was paid hourly. Council directed staff to amend the section to read as follows: September 30, 2008 Cupertino City Council 2.18.040 Attorney-Staff Relations Page 2 .~l~' ~.1+ f:.. ..1 •l.e l~:F A A 1 i. «.i lam: t. T.T.. o cl...ll e.~+ «.-i + . a r J a c :.1. ..,a: .t,e ..11.E ,,., v € 1} ~ e ,>.. .:.-...e .-.g _c_-~y ~" ^ e TM ar3 a a . ~ l l r: o ooa: ;. 11 „ ..«.e... ~ av ~ .. a a «y . ..o O _ ~ M ^ deParErr3erits . .. .-. ~ ~-._ - Y-_D- __-__«_~ _~~~~_.~1 t .. .-..-0~]: «A A t~~.-«e.. N.~«..1 r: «..e Tl..e 1~: ~.. . Periodically, but not less than once per year, the City Attorney and City Manager shall meet and confer in good faith regarding the allocation of the City Attorney 's time among City departments. Council members discussed Section 2.18.110 (D), which required that the City Attorney provide four week's written notice prior to resignation. Wang moved and Wong seconded to amend that section to require the City .attorney to provide six weeks written notice. The motion failed by the following votes: Ayes: Wang and Wong; Noes: Mahoney and Sandoval; Abstain: Santoro. Council member Santoro explained that he abstained because of the phrase "at least" a month's notice, and that in most cases the attorney would provide much lengthier notice. Council concurred to remove section 2.28.202, the City Manager's residency requirement, on the advice of the City Attorney. Discussion followed regarding Municipal Code Section 2.28.040 ~D) regarding the powers and duties of the City Manager. ~~ouncil members discussed whether the City Council should participate in the departrnent director selections, since the ordinance specified that department director dismiss~ils could be appealed to Council. The Council members concurred that they wished not t~~ participate in decisions related to hiring and firing directors, and asked staff to prepare liew wording to reflect that decision, as well as to make the language of that chapter all gerider-neutral. Discussion followed regarding the inconsistency between Municipal Code Section 2.28.090, which requires a 4/5 vote of Council to terminate the City Manager, versus Section 2.18.1 1 O, which requires a 3/5 vote+ of Council to terminate the City Attorney. Council member Santoro said that he felt the two sections should be consistent, but it was not his intent that the changes apply to the incumbent employees. The City Attorney cautioned that making changing 2.28.09(1 would affect provisions in the current City Manager's employment contract, and that the City Council may wish to grandfather in the incumbent. The Council members agreed to hold a closed session later in the evening to discuss the contractual provisions of the City Manager's position. Santoro moved and Wong seconded to change the first sentence of Section 2.28.090(A) to be the same as the first sentence in Section 2.18.10<A), with the result that terminating either the City Manager or the City Attorney would require a 3/5 vote of City Council. The motion carried with Sandoval voting no. She stated that she felt the closed session discussion should happen before Council t~~ok action on this topic. September 30, 2008 Cupertino City Council Page 3 The Council asked that these proposed chariges be put on the agenda of October 21, or as soon as the updated wording was available from the city attorney. RECESS - 6:40 p.m. to 6:48 p.m. PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor Dolly Sandoval called the regular meeting to order in the Council Chamber, l 0350 Torre Avenue, Cupertino, California, and lecl the Pledge of Allegiance. ROLL CALL Present: Mayor Dolly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Mark Santoro, Kris Wang and Gilbert Wong. Absent: ORAL COMMUNICATIONS -None NEW BUSINESS 3. Receive a presentation by the Santa Clara ti"alley Water District regarding the Permanente Creek Flood Protection Project (continued from September 16, 2008). Mayor Sandoval noted that this item is for public information only and the City Council has no role in this project. Patrick Kwok, member of the Santa Clara Valley Water District Board, said that the project would focus on flood protection, environmental enhancement, and opportunities for trails and open space. He noted that their mission tonight is to inform Council of the nature and scope of the project. Afshin Rouhani, Project Manager, distributed a packet titled, "Permanente Creek Flood Protection Project", which contained a copy of the presentation, contact information, and an overview of the project. He explained that the project goals are to: (1) Provide one- percent flood protection from the Bay to El Camino Real by 2016; (2) Address deteriorating concrete channels; and (3) Provide opportunities for environmental enhancements and trail extensions. He continued with his PowerPoint presentation highlighting the following: what are flood impacts; pictures of the Permanente Creek flooding from 1983; extensive outreach during the planning process; project alternatives; pictures of floodwalls and concrete channel widening; McKelvey Park flood detention; Rancho San Antonio Park flood detention; Blach School flood detention; other recommended project elements for future phases including Hale Bypass Channel and Hale Creek Channel Widening; identified environmental enhancement opportunities including riparian restoration and trail extension; and the project schedule. Beau Goldie, Deputy Operating Officer, and Mr. Rouhani answered questions from Council. September 30, 2008 Cupertino City Council Page 4 Keith Murphy said he wanted to know more about the process of the Clean, Safe Creeks, and Natural Flood Protection tax passed in 2000; whether that is an ongoing tax that gets renewed every few years; and what other projects could that money be used for. He also asked how cities grant money for creek trails and parks. Mr. Goldie said that the tax provides a limited amount of money to the district and it sunsets in 2016. He noted that they have specific outcomes they have to achieve: flood protection, clean, safe water in creeks and bays, healthy creek and bay ecosystems, and trails, parks, and open space. He noted that the Board staff would suspend the current enhancements work on the trail program, and will be discussing that during the April 2009 budget cycle. Mr. Goldie gave a brief update on the Calat~asas Creek Bollinger Road Bridge project. He said that they will be done with the creek work by Oct. 15 and clean-up work will be completed by Dec. 2008. Mr. Goldie provided the City Clerk with a 1'iandout titled, "Inside Permanente Creek flood protection project" which included the video presentation, as well as a bound document titled Permanente Creek Flood Protection Project Plarming Study Report. He said that the public can view these documents, as well as, video presentations and other information, by going to their website at www.valleywater.orQ and clicking on the link for "flood protection." COUNCIL REPORTS -None RECESS 7:45 p.m. to 7:53 p.m. STUDY SESSION -Conference Room A, 10300 Torre Avenue 2. Discussion of ordinances related to the City Manager and City Attorney positions (continued from earlier in the evening) City Council members continued to ask clarifying questions on various sections in the two ordinances, but no further changes were made. Guidelines for City Council meetings (continued from earlier in the evening) Wang moved and Wong seconded to hold the closed session on the contractual provisions of the City Manager's position at this time. Sandoval explained that she hoped to send some of the staff members home, and ther.~~fore would like to have the closed session as the last item. The motion failed with Warig voting Aye, Mahoney and Sandoval voting No, and Wong and Santoro abstaining. The City Council moved on to discuss guidelines for City Council meetings. Sandoval asked for suggestions to shorten the Council meetings in order to be respectful of the time of the Council members and of the public. She asked if the Council members would be willing to clear their calendars for the day after Council meetings so that items September 30, 2008 Cupertino City Council Page 5 could be held over when necessary. She also asked if there was interest in a "cut-off time" for taking up the next items- The Council members discussed their preferences and agreed that they would check on their progress throughout the meeting to determine whether they would be able to complete all the items, and if not, they v~ould provide notice early in the evening to applicants and the audience members as to which item(s) might be continued to another time. There was concurrence that although the Council members preferred not to continue items to a later date, in most cases the meetings should finish by 1:00 a.m. at the latest. CLOSED SESSION -Conference Room A, 10300 Torre Avenue At 8:40 p.m., Council went into closed session pursuant to Government Code Section 54957(b)(1), Appointment, Employment, Evaluation of Performance, Discipline or Dismissal of Public Employee, to discuss personnel issues related to the City Manager's contract. At 9:08 p.m. Council reconvened in open session. The City Attorney announced that the City Council had taken no action in closed session. Santoro moved and Sandoval seconded to rescind the earlier motion, which amended Section 2.28.090(A) to be the same as the first sentence in Section 2.18.10(A), and which would have required a 3/5 vote to terminate the City Manager. The motion carried unanimously. ADJOURNMENT At 9:10 p.m. the meeting was adjourned Kimberly Smith, ity Clerk Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.or£?. Click on Agendas 8c Minutes/City Council/ Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cupertino.or~ and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.