City Council Closed Session - January 2007

CITY COUNCIL
Tour of Inspection
&
Closed Session
Monday, January 8, 2007

III. Adjournment to Closed Session at City Hall
Pursuant to Government Code Section 54956 et seq. of the State of California, the City Council will adjourn to Closed Session to consider the following:

A. Labor Negotiations – Gov’t. Code Section 54957.6(a) Meet and confer with the Carmel-by-the-Sea’s Meyers-Milias Brown Act representative, City Administrator Guillen, to give direction regarding labor negotiations with the Firefighters and Police Officer Associations.

Reference:
54957.6.(a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency's designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation.

However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives.

Closed sessions of a legislative body of a local agency, as permitted in this section, shall be for the purpose of reviewing its position and instructing the local agency's designated representatives.

Closed sessions, as permitted in this section, may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees.

Closed sessions with the local agency's designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agency's available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agency's designated representative.

Closed sessions held pursuant to this section shall not include final action on the proposed compensation of one or more unrepresented employees.

For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings.

B. Property Negotiations – Gov’t. Code Section 54956.8, Between City Administrator and Carol Richmond regarding a property located on the northeast corner of Mission Street and Eighth Avenues.

Reference:
54956.8. Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.

However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its negotiators, the real property or real properties which the negotiations may concern, and the person or persons with whom its negotiators may negotiate.

For purposes of this section, negotiators may be members of the legislative body of the local agency.

For purposes of this section, "lease" includes renewal or renegotiation of a lease.

Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent domain proceedings pursuant to Section 54956.9.

Note: Carol Benton Richmond is the owner of the Carmel Ballet Academy (E/s Mission St. between 7th Av. & 8th Av.), the building next to the Scout House (N.E. Corner Mission St. & 8th Av.). At the Historic Resources Board meeting on 20 November 2006, her appeal of “the City’s determination to place an existing building located in the Residential and Limited Commercial (RC) District on the City’s Inventory of Historic Resources” was continued.

C. Public Employee Performance Evaluation - Gov’t. Code Section 54957. Title: City Administrator.

Reference:
54957.
(b) (1) Subject to paragraph (2), nothing contained in this chapter shall be construed to prevent the legislative body of a local agency from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session.

CITY COUNCIL
Regular Meeting
Tuesday, January 9, 2007

V. Announcements from Closed Session, from City Council Members and the City Administrator.

A. Announcements from Closed Session.

City Administrator Rich Guillen: “There are no announcements at this time.”