HomeMy WebLinkAbout1988-01-19; City Council; 9270; Transcript of City Council Meetings0
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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
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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
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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)