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HomeMy WebLinkAbout2010-12-20; City Council; MinutesMINUTES SPECIAL MEETING: CITY COUNCIL WORKSHOP DATE: December 20, 2010 TIME: 11:00 AM PLACE: Recycled Water Facility Board Room, 6220 Avenida Encinas Mayor Hall called the Special Meeting to order at 11:00 a.m. with all Council Members present: Kulchin, Packard, Douglas, Blackburn. Mayor Hall welcomed the Council and the former Mayor Bud Lewis. There was no public comment at the meeting. All materials distributed at the Special Meeting are on file in the Office of the City Clerk. Former Mayor, Bud Lewis, gave the Council some background on policies and procedures for Council conduct. He noted that communication and information should be shared with all of the Council. He advised that if Council Members represented various agencies such as NCTD or SANDAG, they must make an effort to know how the Council feels regarding policies and legislation. Mayor Hall opened the discussion to the Council Members who expressed their thoughts for the new year: • Keep an open mind and listen. • Relocate City Hall to a more central location. • Be cautious in rough economic times; think long range. At 11:45 a.m. the Mayor declared a recess. At 12:05 p.m. the Mayor and all Council Members continued the Special Meeting. Consultant Michele Tamayo spoke about the Council's excellent reputation. She asked Council what are those things most important to keep: • Constant communication, no surprises. • Work with the Mayor for requests for Council representation. • Hold workshops to discuss issues. • Take neutral positions in regional affairs. Page 1 City Council Workshop December 10, 2010 • Build regional relationships. • Reach out to communities. • Work to retain and attract businesses. • Promote diverse representation on Boards, Commissions and Committees. • Watch costs and increase revenue. • Work closely together and work out any issues one on one. • Increase education by attending conferences offered by the League of California Cities and the TLC organization. City Manager Hildabrand noted that there will be a pre-goal meeting in January 2011 and a goal setting session February 15 and 16, 2011. Mayor Hall suggested that a short summary note be sent when Council meets with business leaders. Mayor Hall adjourned the meeting at 1:12 p.m. Lorrajhe M. Wood, CMC City Clerk GO C,TY OF ^CARLSBAD www.carlsbadca.gov Memorandum December 17, 2010 To: Mayor and City Council From: City Manager I <,—••— Re: Council Protocols and Practices Attached is a draft document which contains excerpts from the Carlsbad Municipal Code as well as other past practices and previously undocumented guidelines used by the City Council, as I understand them. It was compiled as a platform for discussion at your workshop on Dec. 20th. If you think that a document of this nature would be of continuing benefit to the City Council and to future council members, we will update it and finalize it with any agreements that come out of the workshop on Dec. 20 or other information that you think would be beneficial. It can then be made available at the beginning of each year for review and update by the City Council, as needed. Thank you. Attachment (1) C: City Attorney City Clerk LH:sc City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 I 760-720-9461 fax DRAFT City of Carlsbad Council Policies and Practices This document contains excerpts from the Carlsbad Municipal Code as well as other past practices and previously undocumented guidelines for the effective and efficient operation of the City's business from a council member perspective. This manual is not meant to be a complete list of all of the important laws and regulations of the city but rather a user-friendly supplement to assist in understanding and determining the practical application of the general methods by which the City conducts its business. The hierarchy of City rules and regulations is as follows: State Constitution - State Laws for State concerns. Carlsbad municipal code - Resolution and Minute orders. Carlsbad City council polices Carlsbad administrative policies Departmental/Division policies This manual is organized as follows: I. Council Relations II. Council/Manager- Attorney Relations Appendix A Appendix B Appendix C Council Relations Mayor Responsibilities • The mayor (or in his/her absence, the Mayor Pro Tern) shall be the presiding officer at all meetings of the city council. 1.20.190 and 200 • The mayor, with the approval of the city council, shall make all appointments to boards, commissions and committees with the exception of the planning commission, and unless otherwise specifically provided by statute. 2.06.070 • Requests for council representation at public events should be directed to the Mayor, through the council secretary. The Mayor may decide to attend the event him/her self or the Mayor may assign other council members as deemed appropriate. • The city manager shall consult with Mayor on any agenda setting matters not otherwise set forth in this manual or in the City code. Council Responsibilities Confidentiality - No member of the city council, employee of the city or any other person present during a closed session of the council shall disclose to any person the content or substance of any discussion which took place during said closed session unless the city council first authorizes the disclosure of such information by a majority vote. 1.20.050 Council Meeting Items Agenda setting • Items of business may be placed on the agenda by the direction of a member of the council, the city manager or the city attorney. o Council originated items shall be submitted to the city manager by Friday, twelve days prior to the scheduled council meeting. The city manager shall promptly give copies to the other members of the city council for their review and comment. Comments must be returned to the city manager by Wednesday, seven days prior to the scheduled council meeting. The city manager shall include any such comments as a part of the agenda item. If time constraints require it the mayor may approve expedited processing for a council originated item provided copies are made available to the other members of the council, the city attorney and the city manager as soon as the item is prepared and, to the extent possible, any comments received shall be incorporated. 1.20.060 o Citizens may have an item listed on a future agenda by submitting a letter to the City Manager. Unless the Mayor, with the consent of the Council, otherwise directs, such presentations shall be limited to ten (10) minutes. Reconsideration of agenda items 1.20.390 • A motion to reconsider any action taken by the council may be made only at the meeting such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion may be made only by one of the council members who voted with the prevailing side. Nothing in this section shall be construed to prevent any council member from making or remaking the same or any other motion at a subsequent meeting of the council. • A motion to rescind, repeal, cancel or otherwise nullify prior council action shall be in order at any subsequent meeting of the council. The effect of such action shall operate prospectively and not retroactively and shall not operate to adversely affect individual rights which may have been vested in the interim. Meeting length • It is Council's policy to adjourn meetings no later than 10:00 P.M. Correspondence—Availability to the public 1.20.070 and 080 • Correspondence addressed to the city council shall not be a matter of public record unless it is received and filed by the council at a regular, special, or adjourned meeting of the council. • Correspondence shall not be read aloud at a council meeting unless requested by majority vote of the council. • Correspondence concerning a matter on an agenda for consideration by the council, which is received prior to twelve noon on Thursday preceding the meeting, shall be made a part of the agenda item. • Any agenda related writings or documents provided to the majority of the Council, Board or Commission after distribution of the Agenda packet, will be available for public inspection at the City Clerk's counter located at 1200 Carlsbad Village Drive, Carlsbad, CA 92008. In addition, a binder containing all agenda related writings and documents will be held by the Deputy City Clerk at each Council, Board or Commission meeting and available for public review. Action on items of Legislation • As a general rule, the City Council, as a body, will only take official positions on issues that have a direct impact to the city of Carlsbad or a related entity. Individual Council members may send letters on their own behalf on any issue of their choice. • As a general rule, the City Council will not take positions on State ballot propositions unless requested by the majority of the Council. • The City Council adopts from time to time a Legislative platform. The purpose of the Legislative Platform is to clearly outline the position of the City Council on priority issues and matters that impact the city's ability to operate effectively, without precluding the consideration of additional legislative and budget issues that arise during the legislative session. Letters of support or opposition that meet the intent of the platform can be sent by the Mayor without further concurrence by the Council. Council Teamwork Protocols 1. Council Members treat each other and citizens with dignity and respect. 2. Council Members give / receive feedback to another Council Member personally. 3. Council Members will focus comments on the issues, not each other. 4. Once Council makes any decision, all Council Members will respect it. 5. Council Members will be sensitive to their obligation to conduct the public's business in public. 6. Council Members will keep each other informed (i.e., no surprises, ask questions). 7. Council Members must take responsibility for utilizing the chain of command (i.e., go through the City Manager). Cowi£iL^JMIanager/Attorn€y._R_eLations Powers and Duties of the Manager and Attorney are in Appendix C Correspondence • The city manager is authorized to open and examine all mail or other written communications addressed to the city council, except correspondence addressed to individual council members, and to give it warranted attention to the end that all administrative business referred to in said communications and not requiring council action may be acted upon between council meetings; provided, that all communications and any action taken pursuant thereto shall be reported to the city council. 1.20.080 • Correspondence requiring council action shall be placed on an agenda as soon as practicable, together with a report and recommendation from the city manager. 1.20.080 • All responses to requests for information will be shared with all council members, no matter which councilmember made the original request. Questions to Staff at a Council Meeting Every council member desiring to question the city staff at a council meeting shall, after recognition by the presiding officer, address his questions to the city manager, or the city attorney, who shall be entitled either to answer the inquiry himself or to designate a member of his staff for that purpose. 1.20.220 Other Guidelines; • Any council person may, as an individual, request pertinent information on municipal affairs and citizen complaints from the city manager and from department heads through the city manager. These requests will be answered promptly. 2.12.110 • Council members shall work through the City Manager in the execution of the administrative affairs of the City. No individual council member shall give orders or instructions to any subordinates of the city manager. A vote by the majority of the City council in a properly noticed public meeting is required to direct the City Manager to do any significant work product and/or to add goals/projects to the current list. 2.12.110 • The City Attorney shall take his/her orders and instructions from the city council only when sitting in a duly convened meeting of the city council, and no individual council member shall give any orders or instructions to the city attorney. However, any council member may, as an individual, request pertinent information on municipal affairs from the city attorney. These requests will be answered promptly. 2.14.060 • With each other and with city manager/staff, the Council will criticize in private, compliment in public • Concerns about any city staff should be directed to the city manager. • Requests for work to be brought back for Council consideration may be made when an item is under discussion on the agenda or during the council comments section at the end of the meeting. • If requested through the City Manager, staff will support Mayor or a Council member in the writing of public opinion pieces, letters to the editor, or other media releases when the issue is one that the council as a group has voted upon or has otherwise indicated their support/opposition (i.e. Through the legislative platform). All media releases will be done under the name of the Mayor. These pieces cannot be used in campaign literature. • At the direction of the City Manager, staff may attend or prepare notes for Council members presentations to community groups when the purpose is to represent the City Council as a whole. No mention of the campaign, solicitation of funds, or other reference to city council elections may be made. If asked, the council member should express that they are representing the City as a council member/mayor not as candidate. No advertising for the event can mention the election or the candidacy. Council Policy Manual The city manager shall maintain a council policy manual to contain such written policies as the council may adopt. The purpose of council policies is to indicate how the council intends to rule in the future on particular matters of a recurring nature which are subject to their discretion. Policies shall be numbered and dated and shall remain in effect until rescinded. 1.20.580 Appendix A contains a list of policies that the council may want to review during the 2010-2011 fiscal year. Appendix B contains a complete list of council policies currently in effect. Appendix A Policies for future consideration: The following policies have been mentioned over the past few months as ones the City Council may be interested in discussing in the upcoming year. • RV parking in city and along Carlsbad Blvd. • Short term vacation rentals • Sign policies: for businesses; for campaign signs • Wayside Horns; quiet crossings for railroad crossings • Community Activity grants (including special events) • City as a landlord; uses of city owned property • Expenditure limit (CMC Chapter 1.24: not a council policy) • Recycled water: policy on cost relationship to potable water • Tree policy (including effect on sewer laterals) Appendix B Council Policies - Organized by Topic Internal administration 1 Adoption of Council Policy Statements 2 Travel Policy 3 Employee Education Program 6 Uniform Allowance 7 Uniform Allowance & Rental 9 Vehicle Acquisition Operation & Maintenance 14 Standing Operating Procedure for City Studies 22 Purchasing Procedures 60 Employee Computer Purchase Program 67 Contracting Procedures 72 Mobile Handheld Device 70 Insurance Requirements Parks/Rec 4 Street Trees 13 No Smoking in City Recreation Facilities 25 Parks & Rec Review of Future Park Facilities 23 Open Space Maintenance Districts 48 Naming of Parks, Facilities & Amenities in Parks Council/Citizen Items 5 Citizen of the Year 10 Agendas for City Council Meetings 11 Cable Television 19 Procedure for Creating Standing Committees 27 City Council Policy Development Process 39 Administration - Legislative Program 47 Appointments to Boards, Commissions & Committees 69 City Support of the Use of Volunteers 76 Ticket Distribution Policy 37 Special Events Liability & Risk Mgmt Requirements 28 Facility Use Regulations 75 City Government Channel Policy Planning/Development 16 Developmental Policy - Critical Planning Areas 17 Public Facilities Element of the General Plan 20 Street Naming and Addressing Policy 34 Review of Applications for Development Projects 30 Bus Stop Facilities in Major Projects 32 Public Facilities Management System (PFMS) 56 Development Agreements 44 Neighborhood Architectural Design Guidelines 43 Proposition E Excess Dwelling Unit Allocation 65 Signs on Public Property 66 Development of Livable Neighborhoods 64 Wireless Communication Facilities 40 Child Care Policies 52 Americans with Disabilities Act Transportation/Streets 15 Traffic Safety Policies and Warrants 21 Street Overlay Program 26 Vacation of Streets and Quitclaim of Easements 41 Policy on Undergrounding Overhead Utilities 63 Acceptance of Roads Finance/Fees and Revenues 24 Establish Administrative Fees 33 Financing of Public Improvements 54 Procedure for Refund of Appeal Fees 53 Administration - Unclaimed Money 49 Procurement Policy - Recycled Products 55 Public Works Contracts 74 General Fund Reserve Guidelines 61 Request for City Contributions to Grad Nite Activities Utilities 18 Relocation of Utility Facilities 35 Sewer Master Plan 42 Reclaimed Water Use 46 Solid Waste Management 50 Mandatory Recycling Program Enforcement Housing 57 Affordable Housing - Inclusionary Housing Projects 58 Sale of Affordable Housing Credits 73 City Option to Purchase Resale Affordable Housing 68 Inclusionary Housing Incentive Credit Schedule Environmental policies 29 Interim Agricultural Policy 71 Energy Conservation and Management 31 Energy Conservation Incentive Awards Program Donations/Grants 45 Sponsorships and Acceptance of Donations 51 Community Activity Funding Appendix C Powers and Duties, of the.CounciVs Appointees • Generally: administrative head of the government of the city under the direction and control of the city council, responsible for the efficient administration of all of the affairs of the city, to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed • Control, order, and give directions to all heads of departments and to subordinate officers and employees of the city under his jurisdiction through their department heads • Appoint, remove, promote and demote any and all officers and employees of the city, except the city clerk, city treasurer and city attorney, subject to all applicable personnel ordinances, rules and regulations. • Conduct studies and effect such administrative reorganization of offices, positions or units under her direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business. • Recommend to the city council for adoption such policies, measures and ordinances as she deems necessary or expedient for the health, safety or welfare of the community. • Attend all meetings of the city council unless at his request he is excused there from by the mayor individually or the city council, except when his removal is under consideration. She may take part in all matters coming before the council. • Keep the city council at all times fully advised as to the financial conditions and needs of the city and make such recommendations as he may deem desirable. • Prepare and submit the proposed annual budget and the proposed annual salary plan to the city council, with a message describing important features thereof, and be responsible for its administration after adoption. • Responsible for the purchase of all supplies, materials and equipment for all the departments or divisions of the city for which funds are provided in the annual budget, and prepare and submit to the council as of the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year. • Make investigations into the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligations of the city; further, it shall be the duty of the city manager to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city. • Exercise general supervision over all public buildings, public parks and all other public property, equipment and supplies, which are under the control and jurisdiction of the city council. • Executive manager for the municipal water district. The executive manager shall be the administrative head for the water district and report directly to the board of directors. • All officers, City Attorney and other subordinate officers shall assist the City Manager in the functions of her office. • Examine and approve for administration all agenda items coming before the City Council. City Attorney.- (Ord. NS-160 § 2,1991; Ord. 1212 § 1 (part), 1978) Chief legal officer of the city, act as the legal counsel for the municipal water district: • Advise the city council, its committees, its various boards and commissions or any city officer, when requested, upon all legal questions arising in the conduct of city business; • Prepare or revise ordinances or resolutions when so requested by the city council or by the city manager; • Make recommendations for ordinances, resolutions or other documents or procedures affecting the legal position of the city; • Give his opinion upon any legal matter or question submitted to him by the city council, any board or commission of the city, the city manager, or any other city officer; • Attend all city council meetings, unless excused by the city council, for the purpose of giving the city council any legal advice requested by its members; • Attend such meetings of other boards and commissions of the city as he shall deem necessary and proper or as the city council may direct; « Prepare for execution, or approve as to form, all contracts and instruments to which the city is a party, and approve as to form and for filing all bonds and insurance policies submitted to the city; • Make the following reports: o Immediately report the outcome of any litigation in which the city has an interest to the city manager and the city council, o Make an annual report to the city manager and the city council as of July 31st of each year of all pending litigation in which the city has an interest and the condition thereof and of the state of his office; • Enforce city laws and regulations through office hearings and court proceedings, both civil and criminal; • Review and analyze all state and federal legislation affecting the city; • Appear on behalf of the city before such legislative committees and regulatory agencies as the city council may direct; • Represent the city in all legal actions to which the city is a party and for which other arrangements for legal counsel have not been made; • Perform such other duties as may be imposed by statute, by any ordinance of the city or by other action of the city council; • Employ special counsel when City Council deems it in the best interest of the City. • All officers, City Manager and other subordinate officers shall assist the City Attorney in the functions of his office. • Approve as to form and legality all agenda items coming before the City Council. City Council Ground Rules For Internal Use Only 1. Council Members treat each other and citizens with dignity and respect. 2. Council Members give / receive feedback to another Council Member personally. 3. Council Members will focus comments on the issues, not each other. 4. Once Council makes any decision, all Council Members will respect it. 5. Council Members will be sensitive to their obligation to conduct the public's business in public. 6. Council Members will keep each other informed (i.e., no surprises, ask questions). 7. Council Members must take responsibility for utilizing the chain of command (i.e., go through the City Manager). City Council Ground Rules Annual Goal Setting Workshop, March 3,2009