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HomeMy WebLinkAbout2004-10-05; Senior Commission; MinutesMinutes of: SENIOR COMMISSION Time of Meeting: 9:00 A.M. Date of Meeting October 5, 2004 Place of Meeting: Senior Center CALL TO ORDER Chairperson Bicker called the Regular Meeting to order at 9:00 a.m. ROLL CALL Present: Ricker, O'Connell, and Surridge Absent: Savary PLEDGE OF ALLEGIENCE Led by Chairperson Ricker. ANNOUNCEMENTS None. APPROVAL OF MINUTES ACTION: On motion by Chairperson Ricker, the Minutes of the Regular Meeting held on September 7, 2004 were approved. AYES: Ricker, O'Connell and Surridge NOES: None ABSTAIN: ABSENT: Savary PRESENTATIONS None. APPROVAL OF AGENDA ACTION: On motion by Chairperson Ricker, the Agenda for October 5, 2004 was approved. AYES: Ricker, O'Connell and Surridge NOES: None ABSTAIN: None ABSENT: Savary CONSENT CALENDAR 1. AB #1004-1 SUMMARY REPORT Commission received, accepted and approved Summary Report of the September 7, 2004 Senior Commission Meeting. 2. AB #1004-2 RECEIPT OF DONATION To receive a donation to the Senior Center Trust Fund from the Carlsbad Senior Citizens' Association. Senior Commission Meeting October 5, 2004 Page 2 DEPARTMENT REPORTS 3. AB #1004-3 RALPH M. BROWN Susanne Parsons from the City Attorney's office spoke about the Brown Act. COMMITTEE/COUNCIL REPORTS Managers Report - Area Manager reported the September 18th Health Fair held at the Senior Center was successful. Carrillo Ranch is being filmed for a segment on HGTV for being one of the few existing historical ranch sites in California. Filming of this event will be October 5, 2004 between 1 1 :30 a.m. - 1 :30 p.m. Disabled Adult Transportation Workshop was held on September 24, 2004 Discussion included: Road Improvement, Improve Driving Testing for Seniors and Educating Seniors to become more aware of alternative transportation options. KoKo Beach is sponsoring the 1 8th Annual Golf Tournament on October 30, 2004. Proceeds will benefit the Carlsbad Senior Center. AGENDA ITEMS FOR FUTURE COMMISSION MEETING Nutrition Coordinator will speak about upcoming events. Home Meal Coordinator will update Commission on the program. Activities Coordinator will report on the new classes and programs that are coming on-line. ADJOURNMENT By proper motion, Regular Meeting of October 5, 2004 was adjourned at 9:50 a.m. AYES: Ricker, O'Connell and Surridge NOES: None ABSTAIN: None ABSENT: Savary Respectfully Submitted, Kris Westland Secretary SENIOR COMMISSION - AGENDA BILL AB#1004-1 MTG. DATE: 10-05-04 STAFF:SWENCK TITLE : SUMMARY REPORT INFO ACTION RECOMMENDED ACTION: Accept, approve and file. ITEM EXPLANATION: Attached is the Summary Report of September 7, 2004 Senior Commission Meeting. EXHIBITS: 1. September 7, 2004 Senior Commission Meeting Summary Report. September 8, 2004 TO: MAYOR LEWIS MAYOR PRO TEM FINNILA CITY COUNCIL MEMBERS KULCHIN, HALL, PACKARD FROM: RECREATION AREA MANAGER, SENIOR CENTER SUMMARY REPORT OF THE SEPTEMBER 7, 2004 SENIOR COMMISSION MEETING CONSENT CALENDAR The consent calendar was unanimously approved (3-0). 1 . AB #0904-1 SUMMARY REPORT - The Commission approved the Summary Report of the July 1 , 2004 Senior Commission meeting. 2. AB #0904-2 RECEIPT OF DONATION - The Commission received a donation of $400.00 to benefit Senior Center programs and activities. The Commission recommended acceptance by the City Manager. DEPARTMENT REPORTS^^^^•^^•oBi>««aBw^_^^_^^^^^^«_B«_«^^—i^wimim 3. AB #0904-3 APPOINT SENIOR COMMISSIONER TO THE COMMUNITY ACTIVITY GRANT REVIEW COMMITTEE - Peggy Savary volunteered to be the Senior Commission Representative to serve on the Community Grant Review Committee. This will be her 2nd year serving on this committee. LORI E. SWENCK c: City Manager Assistant City Manager Department Heads Recreation Services Manager Commission Staff Liaisons SENIOR COMMISSION - AGENDA BILL AB#1004-2 MTG. DATE: 10-05-04 STAFF:SWENCK TITLE : RECEIPT OF DONATIONS INFO ACTION RECOMMENDED ACTION: Receive donations and recommend acceptance by City Manager. ITEM EXPLANATION: The Carlsbad Senior Citizens' Association hosts Bingo every Tuesday and has graciously donated $1,000 to be used to support activities offered at the Senior Center. This contribution will be deposited into the Senior Center Trust Account #14345675651. EXHIBITS: 1. Letter to the Senior Citizens' Association. O < OO arlsbad August 18, 2004 Carlsbad Senior Citizens' Association 799 Pine Avenue Carlsbad, CA 92008 To All Concerned, The Carlsbad Senior Center thanks you for your kind donation of $1,000.00. Your generous contribution will be deposited into the Senior Center Trust Account and will be utilized to support the vast array of activities available at our center. We appreciate all that you do for the seniors of our community. Sincerely Lori E. S we nek Recreation Area Manager 799 Pine Avenue » Carlsbad, California 92008-2428 » (760) 602-4650 » FAX (760) 434-4206 SENIOR COMMISSION-AGENDA BILL AB#1004-3 MTG. DATE: 10-05-04 STAFF:SWENCK TITLE : PRESENTATION ON THE RALPH M. BROWN ACT \X\ INFO ACTION RECOMMENDED ACTION: Accept and file staff report updating the Senior Commission on the Ralph M. Brown Act. ITEM EXPLANATION: Since December of 2003, three new Commissioners have been appointed to the Senior Commission, staff recommended that an update on the Ralph M. Brown Act be presented as a refresher of the policies and procedures contained in the Act. Staff from the City Attorneys Office will give the update. Topics include the purpose of the Ralph M. Brown Act, posting and notice requirements, media notification and pubic comment. X*-' g o o CO CO EXHIBITS: 1. Ralph M. Brown Act O THE RALPH M. BROWN ACT (Government Code Section 54950, et seq.) General The Brown Act embodies the philosophy that public agencies exist for the purpose of conducting public business, and the public has the right to know how its "collaborative decisions" are being made. It represents the determination of the balance that should be struck between access on the one hand, and the need for confidential candor on the other. There is a presumption in favor of access, with exceptions for confidentiality where there has been a demonstrated need. The exceptions are construed narrowly. The Brown Act may be divided into six topics: to whom does the Act apply, what is a meeting, the agenda requirements, the public's rights, closed sessions, and consequences for violation. 1. Bodies covered by the Brown Act A. Legislative bodies of local agencies, e.g., boards, commissions, councils and committees. Also applies to person who is elected as part of body who has not yet taken office. B. Does not apply to individual decision makers, e.g., department heads, legislative bodies acting in judicial capacity, bodies created by single decision maker. C. "Local agencies" include cities, counties, school districts, special districts, municipal corporations, etc. (There is a separate law for state agencies.) Factors used in assessing "localness" include geographical coverage, duties of the agency, existence of oversight, provisions concerning membership and appointment. D "Legislative bodies" include governing bodies and their subsidiary bodies, e.g., boards, commissions, committees or other bodies of a local agency that are created by charter, ordinance, resolution or 'normal action" of a legislative body. This applies regardless of "temporary v. permanent," and "advisory v. decision making." F There is a specific exception for: "Non-standing" advisory committees that are composed of less than a quorum of the legislative body. 1. Standing committees are those whose meeting schedule is fixed by resolution or action of the body that created the committee. 2. If a legislative body designates less than a quorum of its members to meet with representatives from another body to exchange info, a separate body is not formed. However, if less than a quorum meets with another agency to perform a task, e.g., make a recommendation, a separate legislative body is formed. F. The act covers private corporations created by legislative bodies for purpose of exercising authority, entities which receive funds from a local agency where the agency appoints one of its members to the board. Mere receipt of public funds by a nonprofit corporation does not subject a nonprofit corporation or other entity to the Brown Act. 2. What is a meeting? A. Any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss or deliberate on any matter within its jurisdiction. Can include lunches, social gatherings, board retreats. B. Exemptions for: 1) conferences open to the general public which involve issues of interest to the body, 2) other public meetings, 3) meetings of other bodies under same local agency, or 4) social or ceremonial occasions, as long as a majority of the members do not discuss application of specific issues to the legislative body. C. Serial meetings are included within the Brown Act if they are for the purpose of developing a concurrence as to action to be taken. 1. Serial meeting is a series of communications (whether in person or by phone or other media), each of which individually involves less than a quorum, but which, taken as a whole, involve a majority of the board's members. Examples include meetings of board members' intermediaries, chain communications (a@b@c), and hub communications (a@b, a@c). 2. 'Concurrence as to action to be taken" includes substantive matters that are or are likely to be on board's agenda, but does not include purely housekeeping matters (e.g., times, dates and locations of upcoming meetings.) D. Individual contacts between members of the public and board members are exempt from definition of meeting. 3. Notice and Agenda Requirements A. Regular meetings are those whose time and place is set by ordinance, by-law or resolution. 1. At least 72 hours prior to meeting, must post agenda containing a brief general description (generally no longer than 20 words are required) of each action or discussion item to be considered, including items to be considered at closed sessions. Purpose is to notify members of public of items in which they may wish to participate. 2. Exceptions for three types of matters, each of which must be publicly announced before proceeding: a. Emergency (requires majority vote). b. Need for immediate action arising after publication of agenda (requires 2/3 of entire body, or if fewer than 2/3 remain, 100% of all remaining members). c. Matter which has been posted for a previous meeting which is carried over for no more than five days. 3. Agenda must contain opportunity for public testimony. May impose reasonable time limitations. Can't take action on matter raised for first time in "public comment" if item not on agenda. B. Special meetings require 24 hours notice, no business may be considered except that for which meeting was called. May be held in closed session. C. Emergency meetings (crippling disasters, strikes, public health and/or safety threats) may be called on 1 hour notice, determined by majority of body. No closed session permitted. D. Closed sessions require three types of notice— agenda, pre-closed session announcement, and post-closed session report of action taken. 1. Statutes contain "safe harbor" format for agenda requirement. 2. Special statutory requirements re: exposure to potential litigation (may post or announce). a. Facts and circumstances that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs need not be disclosed. b. Facts and circumstances that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs shall be publicly stated on the agenda or announced. c. The receipt of a claim pursuant to the Tort Claims Act or some other written communication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection. d. A statement made by a person in an open and public meeting threatening litigation must be stated on agenda or announced, e. Special requirements when a statement threatening litigation made by a person outside an open and public meeting. No closed session in absence of record of the statement prior to the meeting. f. No requirement for disclosure of written communications that are privileged and not subject to disclosure pursuant to the Public Records Act. 3. At end of closed session, must convene in open session and report on action taken, either orally or in requirements as to form of report. on action taken, either orally or in writing. Specific statutory 4. Adjournments and continuances - need not be separately posted if subsequent meeting is continued for no more than five days. However, notice of adjournment (continuance) must be posted. 5. Location of meetings - must generally be within geographic boundaries of the body's jurisdiction, except for compliance with law or court order, to inspect real property, meetings of multi agency significance, nearest available facility if body has none available, meeting with state or federal officials to discuss regulatory issues, nearby facility to discuss facility itself, visit legal counsel to reduce fees, schools may attend conferences on collective bargaining or interview potential employee from another district or interview public about superintendent. 6. Special procedures re: new or increased taxes or assessments. 4. Rights of the Public. A. Access generally means the right to be notified of items to be considered (agenda), to attend meetings of legislative bodies without identifying oneself, to record the meeting, to have access to documents distributed to members of the legislative body, not to pay for the agency's costs in complying with the Brown Act, to be free from discrimination, to provide public comment. B. Legislative bodies may provide greater public access than required by the Brown Act. 5. Permissible Closed Meetings. Narrow construction, must have express authorization. A. Personnel exception. 1. Applies to appointment, employment, evaluation, discipline or dismissal of public employee. 2. Employee may request hearing be conducted in public only if purpose is to discuss specific instances of misconduct. Employee has right to 24 hours notice of misconduct. 3. Employee does not include elected officials, independent contractors, member of legislative body. 4. Must pertain to particular employee, not employees in general. No abstract discussions re: creation of new positions, unless workload discussion involves performance of a specific employee. 5. May not be used to discuss salary. B. Pending litigation and attorney-client privilege. 1. Based on attorney client privilege, but applies only to litigation. 2. Litigation includes any adjudicatory proceeding. 3. Litigation is "pending" when any of the following circumstances exist: (a) Litigation, to which the local agency is a party, has been initiated formally. (b) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. 4. "Existing facts and circumstances" are limited to the following: (a) Facts and circumstances that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff. (b) Facts and circumstances, e.g., an accident, disaster, incident, or transaction that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs. (c) The receipt of a claim pursuant to the Tort Claims Act or some other written communication from a potential plaintiff threatening litigation. (d) A statement made by a person in an open and public meeting threatening litigation on a specific matter within the responsibility of the legislative body. (e) A statement threatening litigation made by a person outside an open and public meeting on a specific matter. 5. Pending litigation exception also includes those cases where the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. C. Real Estate Negotiation D. Labor Negotiations E. Public Security 8. Consequences of Violation. A. Criminal penalties - misdemeanor where action taken in violation of the act. B. Civil remedies — 1. Injunction, mandamus, declaratory relief 2. Action may be voided following notice to correct, which must be received within 90 days, and acted on within 30 days, lawsuit filed within 15 days. C. Attorney fees 1. Awarded against agency, not individual.