CC/RDA/CUA REG MIN AUG 19 - Laserfiche WebLink

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Motion/second by Mayor Chastain/CM Yzaguirre to approve Consent Calendar Item 10. Motion failed with CM Toro, Mayor Pro Tempore Mitchell, CM Suchil and CM De La Rosa voting "No" and CM Yzaguirre, Mayor Chastain, CM Oliva voting "Yes". Mayor Chastain asked for direction and clarification from City Attorney Derleth as to what can be done in this case when there is a contract in question and the result of the vote is contrary to direction given in closed session. City Attorney Derleth explained that the result is contrary to the direction that was given out of the last closed session and performance evaluation and the contract negotiation there is an issue with respect to the City Manager agreement it was pending an extension based upon the review process that you have been undergoing since the spring so if there are issues with respect to the raise, members should still address the extension of the agreement and leave the salary in place and then will need to return to closed session for some understanding of where the direction has changed. Motion/second by CM Yzaguirre/Oliva to reconsider and approve the item less the salary raise. City Attorney Derleth further clarified the intent of his previous statement was not to go into closed session tonight as it is not on the agenda. City Attorney Derleth was directed from closed session, which is not confidential information, to prepare an amendment as presented. The suggestion was since Council can return items onto the agenda at any time, therefore if there is a lack of clarity as it appears, in the direction provided, council should go back and deliberate the labor negotiation portion, if that is what the Council chooses to do, pursuant to the Brown Act and it would be properly agendized, everyone would know what the conversation would be about and it would take place confidentially as required by law. Motion carried with CM Suchil voting "No" (15) Agreement/Mathis & Associates — Approve Request to Amend Existing Professional Services Agreement with Mathis & Associates for Development of City Council Norms and Ethics Policy in an Amount Not to Exceed $50,000, Approve Additional Scope of Work, and Extending Term of Contract to June 30, 2009 and Approve City Manager to Execute corresponding Professional Services Agreement. Public Comment: The following citizens addressed the council: John N. Anaya spoke against the item. City Attorney Derleth clarified the motion to deny staff's recommendation to amend Dr. Mathis's contract to a total not to exceed that would leave the City Manager with his authority to spend $25,000 wrap it up and report to council . Motion/second by CM Toro/Suchil to deny amendment for up to $50,000. Motion failed with CM Toro/De La Rosa/Oliva voting "NO", Mayor Chastain, Mayor Pro Tempore Mitchell, and CM Yzaguirre voting "YES" and CM Suchil abstaining. 2008 AUG 19 REG CC/RDA/CUA MEETING - 6 -