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HomeMy WebLinkAbout1988-01-19; City Council; 9270; Transcript of City Council Meetings0 z 0 b J v 0 P +) a ,4 U F'+ O U 00 m i rn W Cl, CL i J e M V 0 G17�,OF CARLSBAD — AGENP,,� SILL AB TITLE: DEPT. HD.--- MTG. 1/19/88 TRANSCRIPT OF CITY COUNCIL MEETINGS CITY A.I.T.Y\� DEPT. CA CITY MGR:c—QP RECOMMENDED ACTION: Introduce Ordinance No. 44L -0 ITEM EXPLANATION Under existing Carlsbad Municipal Code Section 1.20.170(b), the City Clerk is allowed to tape record City Council meetings as an aid in the preparation of written minutes. The tape recordings are maintained only until such tire as the written minutes of the meeting have been approved by the City Council. The City Clerk is not authorized, to provide a transcript of any tape recording of Council meetings. State law, however, requires that there be an exception to this requirement when a court action is filed to review an action of the City Council. In that case, state law requires the City Clerk to prepare or cause to be prepared a complete record, including the transcript of the proceedings. Existing Carlsbad Municipal Code Section 1.16.010(c) which allows the City Clerk to prepare such 'transcript contradicts the above section. This amendment would eliminate this conflict and allow the City Clerk to prepare or cause to be prepared transcripts of actions taken by the City Council when a lawsuit has been filed and the action is subject to judicial review. FISCAL IMPACT The City Clerk's office may be required to expend staff time in responding to such requests, however and Carlsbad Municipal Code Chapter 1.16 allow the recover these costs from the person or entity mak` request. ENHIBIT Ordinance No. -,L 1 2 3 4 5' 6 7 8 9 10 11 12 d 13 CP U W d 14 Z 0 Z, 0 ®�Q� 15 u.U�4 } LU 16 ju 0CCCm >�rM d � 17 18 19 20 21 22 23 24 25 26 try 28 ORDINANCE NO. NS-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 1, CHAPTER 1.20 OF THE CARLSBAD MUNICIPAL CODE RELATING TO TRANSCRIPTS OF CITY COUNCIL MEETINGS. The City Council of the City of Carlsbad does ordain as follows: SECTION I: That Title 1, Chapter 1.20 of the Carlsbad Municipal Code is amended by the amendment of the second sentence of Section 1.20.170(b) to read as follows: "Except as provided for in Chapter 1.16, unless a request to prepare a transcript is timely submitted and accepted, the City Clerk is not authorized to provide a transcript of any tape recording." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published ati least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 19th day of January , 1988, and thereafter 111 2 3' 4 5 6 7 8 9 10 11 121 0 a it C14 m o"t ¢ 1�4 Z. z U, 0 °>.'� 15 m a � 0 2 Q z g vagm 16 z W >Q a 17 y U f- n 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 26th day of January 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY V T F. DO, J�., City Attorney CLA % A.., LEV725", Mayor ATTEST: ALETHA L. RAUTENKRANZ, City C erk -.13.040•--1.16.010 1.13.040 Penalties and enforcement. The penalties and enforcement provisions of the Political Reform Act of 1974, Sections 91000 through 91014 of the Government Code of the state shall apply to any violation of the provisions of this chapter. Any person who knowingly or wilfully vio- lates any provision of this chapter is guilty of a misdemeanor. For purposes of th4S chapter t:ze district attorney of the counk"_y is the civil and criminal prosecutor. (Ord. 1276 §1(part), 1985). 1.13.050 Rules of construction. The provisions of this chapter shall be construed liberally in order to accomplish the intent and purposes of this chapter and the Political Reform Act of 1974. (Ord. 1276 §1(part), 1985). Chapter 1.16 TIME LIMITS FOR JUDICIAL REVIEW Sections: 1.16.010 Time limits for judicial review. 1.16.020 Additional time limits for commencement of court proceedings. 1.16.010 Time limits for judicial review. (a) Judi- cial review of any decision of the city or of any commission, board, officer, or agent of the city may be had pursuant to Code of Civil Procedure, Section 1094.5, only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this sectioi. 2-4 (Carlsbad 5j85) 1.16.010 (b) Any such petition shall be filed not later than the ninetieth day following the date on which the decision becomes final. If there is no provision for reconsideration of the decision in any applicable provision of any statute, charter, ordinance, or rule, for the purposes of this section, the de- cision is final on the date it is made. If there is such pro- vision for reconsideration, the decision is final for the pur-- poses of this section upon the expiration of the period during which such reconsideration can be sought; provided, that if reconsideration is sought pursuant to any such provision, the decision is final for the purposes of this section on the date that reconsideration is rejected. (c) The complete record of the proceedings shall be pre- pared by the city or its commission, board, officer, or agent which made the decision and shall be delivered to the party requesting such record within ninety days after he has filed a written request therefor. A request for the preparation of the record of the proceedings shall be filed with the person designated in the final decision. Such person shall, within ten days of such request, notify the party of the estimated cost of the preparation of the requested record. The party requesting such record shall, within ten days of such notifi- cation, deposit with the person designated in the decision an amount sufficient to cover the estimated cost. If during the preparation of the record it appears that additional costs will be incurred, the party requesting such record may be no- tified and, if requested, shall deposit such additional amounts before the record will be completed. If the cost of the prep- aration of the record exceeds the amount deposited, the party requesting such record shall pay this additional amount. If the amount deposited exceeds the cost, the difference shall be returned to the party requesting such record. Upon receiving the required deposit, the person designated in the decision shall promptly prepare such record in accordance with the re- quest. Such record shall include the transcript of the pro- ceedings; all pleadings; all notices and orders; any proposed decision by a hearing officer; the final decision; all ad- mitted exhibits; all rejected exhibits in the possession of the city or its commission, board, officer, or agent; all written evidence; and any other papers in the case. (d) If the party files a request for the record as specified in subsection (c) of this section within ten days after the date the decision becomes final as provided in subsection_ (b) of this section, the time within which a petition pursuant to Code of Civil Procedure, Section 1094.5, may be filed shall be extended to not later than the thirtieth day following the date on which the record is either person- ally delivered or mailed to the party or his attorney of record, if he has one. 3 (Carlsbad 10/15/79) 1.16.020 (e) As used in this section, "decision" means any adjudi- catory administrative decision made, after hearing, suspending, dc2ioting, or dismissing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retirement benefit or allowance. (f) In making a final decision as defined in subsection (e) of this section, the city shall provide notice to the party that the time within which judicial review must be sought is governed by this section. Upon giving notice of any decision subject to this section, the person responsible to issue such decision shall include in the decision a state- ment substantially as follows: "The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Sec- tion 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any peti- tion or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day fol- lowing the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such peti- tion may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the prepara- tion of the record of the proceedings shall be filed with it (name and address of designated person) As used in this section, "party" means an officer or employee who has been suspended, demoted, or dismissed; a person whose permit or license has been revoked or whose application for a permit or license has been denied; or a person whose applica- tion for a retirement benefit or allowance has been denied. (Ord. 1203 51, 1977). 1.16.020 Additional time limits for commencement of court proceeding. Except as otherwise provided in Section 1.16.010 of this code, Sections 65860 and 66499.37 of the Government Code and Sections 21167 and 30801 of the Purlic Resources Code of the state, any legally permitted court action or proceeding to attack, review, set aside, void, annul or seek damages or compensation for any city decision or action taken pursuant to this code shall not be maintained by any person unless such action or proceeding is commenced and service of summons is effected within thirty days after the date of such decision or action. Thereafter all persons 3-1 (Carlsbad 10/15/79) 30.150--1.20.170 1.20.150 Minutes. (a) The minutes of the council shall be kept by the city clerk and shall be neatly type- written in a book kept for that purpose, with a record of each particular type of business transacted set off in paragraphs, with proper subheads; provided, that the city clerk shall be required tj make a record only if such business as was actually passed upon a vote of the council and shall not be required to make a verbatim transcript of the proceedings; and provided further, that a record shall be made of the names and addresses of persons addressing the council, the title of the subject matter to which their remarks related and whether they spoke in support of or in opposition to such matter. (b) A council member may request, through the mayor, the privilege of having an abstract of his statement on any subject under consideration by the council entered in the minutes. If there is no objection from any member of the council, such statement shall be entered in the minutes. (Ord. 1213 52 (part) , 1979) . 1.20.160 Distribution of minutes. As soon as possible after each meeting, the city clerk shall furnish a copy of the minutes to each council member, the city manager, city attorney, and any other individuals designated by the city manager. (Ord. 1213 §2(part), 1979). 1.20.170 Recordings of meetings. (a) The city clerk may tape record city council meetings as an aid in the prep- aration of the minutes. If tape recordings are made, they shall be retained by the city clerk until such time as the minutes have been approved by the city council. Upon such approval of the written minutes by the city council, the city clerk may reuse or erase such tape recordings unless specifically requested by the city council or the city attorney to retain such tapes at the time the minutes are approved. (b) While the city clerk has the tape recordings in her possession, members of the public may hear tape recordings of the city council meeting, during office hours when it will not inconvenience the ordinary operation of the clerk's office; brief or shorthand notes may be made; mechanical recordings may be made from the tapes until the minutes are approved unless the tape recording is retained according to subsection (a) of this section; and in this connection, the city clerk is further authorized to allow the recording machines to be used by the public for listening or recording purposes when such machines are not necessary for use by -the city clerk in the ordinary function of the office. The city clerk is not authorized to provide a transcript of any tape recording. The city clerk may establish rules and regulations necessary to protect the safety of the records against theft, 3-9 (Carlsbad 12/81) 1.20.180 mutilation_ or accidental damage, to prevent inspection or recording from interfering with the orderly function of the office, and to ensure that the integrity of the records is maintained. The city clerk may charge a fee to cover the cost, including labor and materials, of but not limited to providing records and administering this provision. (c) If any person wishes a record of the city council meeting, or any portion thereof, a request therefor shall be filed with the city clerk twenty-four hours prior to the meeting. If such a -request is received, the city clerk shall make arrangements to make and preserve such a record at the expense of the person making the request. (d) If any person desires to have a matter reported by a stenographer reporter, he may employ one directly at his expense or request that the city clerk arrange, also at the requesting party's expense, for a reporter. Any such request shall be made in writing at least two full working days before the meeting. The city clerk may require a deposit before making arrangements for any such record. (Ord. 1240 §1, 1981: Ord. 1213 §2(part), 1979). 1.20.180 Consent calendar. Certain items for inclusion on tk,e agenda which have been reviewed by the city manager, delivered to the city council and made available to the public prior to the council meeting, shall be grouped to- gether for action and listed under the consent calendar, when such matters are considered to be noncontroversial and in the nature of housekeeping items by the city manager, re- quiring only routine action by the council. Actions recom- mended by the city manager shall be in summary form and be a part of that item. Adoption of the consent calendar may be made by one motion approved by the council; provided, however, that the mayor should first advise the audience that the consent calendar matters will be adopted in total by one action of the council unless any council member or any individual or organization who has so requested wishes to be heard on one or more consent items. In that event, the mayor may defer action on the particular matter or matters and place them on the regular agenda for consideration in any order deemed appropriate. A request from the public to discuss an item must be filed with the city clerk in writing prior to council consideration of the consent calendar. The written agenda available to the public and to the city council shall provide the following notice of expl na- tion to the public concerning the consent calendar: "All matters listed under CONSENT CALENDAR are considered by the council to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion of these items prior to the time the 3-10 (Carlsbad 12/81)