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HomeMy WebLinkAbout1990-04-16; Parks & Recreation Commission; 490-7; Action Only MinutesPARK & RECREATION COMMISSION - AGENDA BILL ABa^VRO -7 MTH. 4-ft-IO DEPT. Pc EL TITLE: ACTION ONLY MINUTES (ACTION) DEPT. HD. H|TY ATTY CITY MGR. RECOMMENDED ACTION: Consider the implementation of Action Only Minutes for Parks and Recreation Commission meetings and take appropriate action. ITEM EXPLANATION: On February 6, 1990, the City Council implemented a change of format in the way in which minutes of Council meetings are recorded. Originally proposed by the City Clerk, the new Action Only Minute format provides a simplified, accurate, and legal recordation of meeting proceedings. In an effort to continue the Parks and Recreation Commission meetings similar to that fashion in which Council meetings are currently conducted, the issue of Action Only minutes is being recommended by staff. The City Clerk will questions. give a presentation and respond to the Commission's EXHIBITS: 1. Memo from City Clerk dated March 22, 1990 2. Memo from City Attorney dated January 26, 1990 3. Example City Council Action Only Minutes 032 March 22, 1990 TO: KEITH BEVERLY FROM: City Clerk ACTION ONLY MINUTES I understand there is a possibility that the Parks and Recreation Commission may convert to "Action Only" Minutes. As you are aware, it is extreme!y difficult to accurately summarize and synthesize discussions and other testimony. As a result, there are instances when the minutes become a major topic of discussion. After such an occurrence at City Council, I requested advice from the City Attorney concerning legal requirements for minutes. A copy of his memo is attached. On February 6, 1990, the Council concurred with my proposal to change our format. We are now providing "action only" minutes in accordance with the legal requirements outlined in the City Attorney's memo dated January 26, 1990. Keith, I hope this helps, and please call me if I can provide additional information. Lee Rautenkranz City Clerk LR:ws 033 EXHIBIT 1 ATTACHMENT "6 January 26, 1990 TO: City Clerk FROM: City Attorney LEGAL REQUIREMENTS FOR CITY COUNCIL MEETINGS This memorandum is in response to your request for advice on the law as it applies to City Council minutes. City Clerks in general law cities are required to keep a record of the city council meeting. The two Government Code Sections which apply (36814 and 40801) are both very short and don't say anything more then that. The minutes should be kept in a book and stored in a fire proof vault. The only legal requirements for minutes is that they must reflect sufficient facts to demonstrate that the city council has complied with the law and rules by which it is governed. That means, the law requires the minutes to include only the following: 1. Date, hour and place of meeting. 2. Whether it is a regular adjourned, regular or special meeting. 3. That proper notice has been given if it is a special meeting or if public hearings are to be held. 4. The names of council members in attendance and the time of their arrival and departure. 5. A record of any action taken to include the title of all resolutions or ordinances, the text of any motions and the vote thereon. Written reports or other matters presented to the council should be referenced by name, title of author and date. 6. Oral communications should include only the name, address, subject and any disposition made by the council. 7. Public hearings should include jurisdictional facts including the time and place of the hearing and the fact that it was properly noticed, referenced to any written evidence introduced at the hearing, including statements, affidavits, reports, photographs, maps, correspondence, petitions or other matters offered to the council at the hearing. Oral testimony showing only the name and address of the person speaking and whether or not the testimony was for or against the subject. Findings should be expressly included in the minutes if they 034 EXHIBIT 2 8. have not already been prepared in ordinances or resolutions, which is what we always try to do. The time, circumstances and purpose of any recesses or adj ournments. There is no law which expressly prohibits the inclusion of additional material but, as we have discussed several times, our current minutes include a lot of extraneous material which has no legal purpose. It is appropriate for a city council to expressly direct that particular matters be included in the minutes and you should honor their wishes. However, it is my advice that nothing be included in the minutes beyond that and the legal requirements. There is a presumption in law that the City Council has properly and legally preformed its duties. Anything which helps the City's position is generally included by staff in the written materials, ordinances or resolutions. It is almost impossible for the City to be helped by the inclusion of additional material in the minutes and there are a number of examples where cities have been hurt by such material. Common sense and ancient wisdom teach us that you very rarely get in trouble for what you don't say (this memorandum is evidence that I haven't learned that lesson) and I think that should guide the preparation of the minutes. Attempts to summarize public comments, testimony or council discussions serve no useful legal purpose. Accurate summarization is very difficult to do and it introduces unnecessary potential for confusion and mistake. It is my advice that Carlsbad join the many other cities in California who follow an "action only" approach to city council minutes. Please let me know if you need any additional information. rmh VINCENT F. BIONDO, JR. City Attorney 035 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: February 6, 1990 Time of Meeting: 6:00 p.m. Place of Meeting: City Council Chambers COUNCIL MEMBERS CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m. ROLL CALL was taken by the City Clerk as follows: Present: Council Members Lewis, Kulchin, Larson, Mamaux and Pettine. Absent: None. INVOCATION was led by Pastor Mark Griffo of the Good Shepard Assembly of God Church. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. PRESENTATIONS: Mayor Lewis read and presented a proclamation to Barbara White proclaiming the month of February, 1990 as American History Month. Mayor Lewis presented a proclamation to Police Chief Vales proclaiming the week of February 11 through February 17, 1990 as National Child Passenger Safety Awareness Meek. APPROVAL OF MINUTES: {one motion) Council Members Kulchin and Mamaux stated that their approval of the December 19, 1989 minutes was for the portion of the meeting for which they were present. Minutes of the Regular Meeting held December 19, 1989, were approved as presented. Council Member Kulchin referred to Ms. Anne Mauch's request at the meeting of January 23, 1990 for various amendments to the minutes of the December 19, 1989 and January 2, 1990 minutes and noted Ms. Mauch had subsequently agreed that the following amendment to the minutes of January 2, 1990 would satisfy her request: Minutes of the Regular Meeting held January 2, 1990, were approved as amended on page 5, Item #12, by the addition of the following paragraph: "This item was continued from the December 19, 1989 Council Meeting. During that meeting, three speakers opposed the Work Plan, and three voiced qualified support." Minutes of the Regular Meeting held January 9, 1990 were approved as presented. Minutes of the Regular Meeting held January 16, 1990 were approved as presented. Lewis Kulchin Larson Mamaux Pettine 036 EXHIBIT 3 MINUTES February 6, 1990 Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR: 4. AB »10.475 - ACCEPTANCE OF IMPROVEMENTS OF HARBOR DRIVE CUL-DE-SAC - WINDSONG SHORE - CT 83-04/CP 227. Council accepted the improvements; authorized the City Clerk to record the Notice of Completion and release bonds; and directed the Utilities and Maintenance Department to commence maintaining the public street improvements constructed at Harbor Drive cul-de-sac. PUBLIC COMMENT: Mr. Dennis Meeham, 3981 Gloria Lane addressed Council concerning migrant issues. ORDINANCES FOR ADOPTIONS: 8. AB 110.467 - ESTABLISHMENT OF AUTHORITY FOR THE TRAFFIC SAFETY COMMISSION TO ADOPT PROCEDURAL RULES AND REGULATIONS. Council adopted the following Ordinance: ORDINANCE NO. 110. Amending Title 2, Chapter 2.28 Of The Carlsbad Municipal Code To Allow The Traffic Safety Commission To Adopt Its Own Rules And Regulations. PUBLIC HEARINGS 9. AB 110.479 - APPEAL OF PLANNING COMMISSION DECISION APPROVING SDP 89-2 AND SV 89-2 - PACIFIC POINT. Council Members Larson and Mamaux stated they would abstain from participation and voting on this item due to a Conflict of Interest. Council concurred with a request of the appellant and continued the item for one week. 10. AB 110.480 - LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 14. Mayor Lewis stated he had received letters from Anne Mauch dated February 6, 1990, requesting continuance of items #10 and #11. Mayor Lewis opened the duly Noticed Public Hearing at 6:35 p.m. Sheila Donovan, Hofman Planning Associates, 2386 Faraday Avenue, Suite 120, addressed Council requesting approval. Since no one else wished to address Council on the Item, Mayor Lewis closed the Public Hearing at 6:37 p.m. Council adopted the following Resolutions: (one motion) RESOLUTION NO. 90-23. Approving A Negative Declaration For Local Facilities Management Plan 14; And 037 Lewis Kulchin Larson Mamaux Pettine Lewis Kulchin Larson Mamaux Pettine Lewis Kulchin Larson Mamaux Pettine Lewis Kulchin Larson Mamaux Pettine MINUTES February 6, 1990 Page 5 COUNCIL MEMBERS PUBLIC HEARINGS - continued 14. AB 110.380 - APPEAL OF NOTICE OF VIOLATION AND ORDER TO REMOVE. The City Manager stated that the attorney representing Mrs. Bryan had submitted a letter withdrawing the appeal. He stated that staff was satisfied that they are complying and concur with the request to withdraw the appeal. Council filed the matter. HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 7:04 p.m. and reconvened at 7:11 p.m. with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: Mayor Lewis requested, and Council concurred with taking number 19 out of order and hearing it at this time. 19. AB 110.485 - AWARD OF CONTRACT FOR CONSTRUCTION OF BUENA VISTA LAGOON VISITATION AREA - PROJECT NO. 3304. Mr. Don Jackson, 260 Normandy Lane, addressed Council in favor of the item. Ms. Ramona Finnila, 4615 Trieste Drive, a member of the Northwest Quadrant Citizens Committee, addressed Council in favor of the project. Mr. Regg Antle, 1807 Kelly Street, Oceanside, representing the Buena Vista Lagoon Foundation, spoke in favor of the project. Mayor Lewis stated that Mr. Ron Wootton had submitted a form stating he was in favor of the project. Council adopted the following Resolution: RESOLUTION NO. 90-26. Transferring Funds, Accepting Bids, And Awarding A Contract For The Construction Of The Buena Vista Lagoon Visitation Area, Project No. 3304. 15. AB f10.482 - ANALYSIS OF THE INTEGRATED HASTE MANAGEMENT ACT OF 1989 (ASSEMBLY BILL 9391. Council approved the staff recommended policy positions concerning implementation of AB No. 939, as identified in Exhibit 2 of Agenda Bill No. 10,482, and directed staff to convey the City Council's position to the appropriate State or Local Agencies; and, Council directed staff to prepare a work program for the implementation of AB 939 for City Council consideration. Mayor Lewis appointed Council Member Mamaux to serve on the task force when it is formed. 038 Lewis Kulchin Larson Mamaux Pettine Lewis Kulchin Larson Mamaux Pettine Lewis Kulchin Larson Mamaux Pettine