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HomeMy WebLinkAbout02-15-1994 City Council/RDA Study SessionMINOTES CITY COIINCIL/REDEVELOPMENT AGENCY STODY SESSION CITY OF LARE ELSINORE 130 SOIITH MAIN STREET LARE ELSINORE~ CALIFORNIA TIIESDAY~ FEBRIIARY 15, 1994 **,t***rr************s***r*r*aaar*rr*rrr,t***s************a*,t****t• CALL TO ORDER Mayor Washburn called the meeting to order at 3:40 p.m. DISCIISSION ITEM 1. Update on Brown Act Revisions. (F:92.1)(X:40.2) City Manager Molendyk explained that recently the City Clerk and the Assistant City Manager attended a work shop regarding the Brown Act, and as a result asked the City Attorney to schedule a Study Session with Council to review the changes. City Attorney Harper explained that the chanqes to Council are not that substantial, but there have been a siqnificant changes that will affect staff; and the action required by the Brown Act will require more staff time. He stated that it will require Council and staff to consider issues in advance with a greater lead time. City Attorney Harper reviewed the basic changes made in the Brown Act that pertain to the City Council and the Redevelopment Agency and explained that the definition of legislative body has been changed to include any commission which includes a quorum of the City Council. This clarifies the fact that any standinq committee is subject to the Brown Act and that means any commission or standing committee appointed by the Council or receiving funds from the City with a member of Council sitting on the board or committee is subject to posting notices and meetings are open to the public. There was general discussion in regard to a member of Council sitting on another committee and whether it was subject to the Brown Act. City Attorney Harper explained that if the committee is not governed by the Council then it is not the responsibility of the City to follow the Brown Act for that committee. He further explained that there can be a short term Ad Hoc Committee, appointed by Council, which would not fall under the Brown Act. City Manaqer Molendyk stated that the Lake Advisory Committee is an Ad Hoc Committee at this time, but it might be changed by Council, in the future to become a standing committee. He noted that the Council might want to consider combining the Desiqn Review Committee with the Planning Commission due to the changes in the Brown Act. Mr. Molendyk suggested that the Planninq Commission might be more objective in regard to projects, they meet on a bimonthly basis and have a good attendance, as well as the fact that the Council does not sit on that board. City Manager Molendyk stated that the DRC has not been following the original design and intent of the which was to be an old and quaint aura for the Downtown District. Mayor Washburn stated that the reason the committee was formed for Design Review was to make the process faster and easier and to represent the Downtown Area and separate it from the rest of the community. PAGE TNO CITS COU1dCIL/REDEVELOPMENT AGENC% STIIDY SESSION FEBROARY 15' 5994 City Manager Molendyk stated that he felt that the reason for the committee was to be more sensitive to the needs and design of the area and to encourage people ~o conformo Councilman Alongi stated that the Planning Commission should not have a problem with the Downtown District, since there is a guideline tm follow regarding the design requirements. Councilman Alongi stated that he would like to see someone other than Council be on the Nuisance Abatement Committee. He explained that there is still the problem with the appeal of decisions, because the person is before the same Councilman ~hat pxeviously considered his projecto Councilman Dominguez suggested that possibly the Nuisance Abatemen~ Commitfiee could be made up of people such as contractors and builderse City I+Ianager Nlolendyk stated that the Brown Act was done to be sure that tYae public qets all the informatiora in a professional way. He explained that now would be an ideal time to review the agencla format and pointed out the difficulty of doing a verbal report. He explained that it is difficult to explain this to the press. He asked that a Council Policy be developed to address format and deadlines. City Attorney Harper stated that there has to be a brief deseription o~ the items which appear on the Agenda. He explained that a one word or sentence title followed by verbal report is not adequate. He stated that there must be a brief description of the items which appear on the agenda so that the public will know what the discussion is about. City Manager Molendyk explained that it is legal for staff to sit with two Councilmembers at a time to supply information regarding the agenda items, but that it was not legal for members of Council $o talk to other members to try to influence decisions. City Attorney Harper noted that one of the changes applies to newly elected Councilmembers and that prior to taksng the oath, they will still fall under the Brown Act. City Attorney Harper explained that serial voting is strictly prohibited, and the City Manager or one of Council cannot contact Councilmembers and explain an issue and ask how they would vote ancl then use that information to make a decision. City Attorney Iiarper explained that the changes in the meeting requirements do not precYude members of Council from ~alking ~o~the public or each other as individuals. He stateci that it is still possible to attend conferences, although you cannot talk about City business. Mr. Fiarper explained that all the changes are really a codification of the legal opinions that have been reached in the past and this is just a formal action to make the legal decisions a part of the official Brown Act. City Attorney Aarper no~ed that Council is precluded from taking a secret ballot. He explained that no action may be taken by secret ballot. All votes must be public. Mr. Harper PAGE THREE CITY COIINCIL/REDEVELOPMENT AGENCY STIID% SESSION FEBRUARY.15~ 1994 explained that a vote can be written and then publicly read, as long as the name of the voter and who and what they voted for are a matter of public record as the vote is revealed. He further explained that the City is required to keep the audio ~ tapes of each meeting for a period of thirty days and make them accessible to the public. Councilman Alongi asked if the City Policy can supersede the policy set by the Brown Act if it is stronger. City Attorney Harper stated that policy could. He explained that the ability to review tapes is free of charge to the public, but the City can charge for copies. He stated that broadcastinq of ineetings is allowed as long as it does not interfere with the business of the City. Mr. Harper stated that another change which does not affect this City is the requirement to hold any meeting for the City within the jurisdiction, subject to several exceptions such as meetings with an attorney or going to visit another agency's site. City Manager Molendyk clarified that if the City were to have a work session it must be done within the City. City Attorney Harper confirmed they must be held within the City unless there is a special reason why it cannot be within the jurisdiction. Mayor Washburn questioned the ability to holc training seminars at locations such as Bear Creek or Big Bear. City Attorney Harper stated that if it was sponsored by the League of California Cities or another agency then thera would be no problem, but if it were sponsored by the City then it would have to be held in the City. City Attorney Harper noted that the Agenda still must be available 72 hours in advance of a meeting and that any item which must be added later is required to have a four-fifths vote. He explained that the item added must have an immediate need for action by City Council and the need arose after the Agenda was posted. He noted that closed sessions must be listed on the Agenda with a brief description of the subject and the results of the closed session and the vote must be disclosed to the public. Mr. Aarper explained that the Public is to be allowed input on any item and that would include work shops and study sessions as well as Council and Redevelopment Agency meetings. He suggested that on work shops and study sessions that it be acknowledged that no action will be taken. He explained that if the Public questions Council at a meeting they are allowed to respond or to ask staff for clarification, but the question cannot be discussed nor any action taken. City Attorney Harper explained that there are some changes in the requirements for Public Hearings and definitions for pending litigations which will be dealt with on a staff level. He clarified the procedures for discussion of litigation. Councilman Alongi asked where the closed sessions will be held in the new building. City Manager Molendyk stated that they would be held in the corner room in the front of the building. City Attorney Harper explained that closed sessions relating to employees is different since the employee must be noticed EAGE FOUR CITY COUNCIL/REDEVEZOPMENT 11GENCY STIIDY SESSION FEBRUARY 15, 1994 and apprised of his right to a public hearing as opposed to a closed session and i]E that procedure is not followed, then any decision made is null and void. Councilwoman Cherveny asked if the closed session were in regard ~o personnel action, would it be prudent to take minutes of those actionse City Attorney Harper stated that it would depend upon the employee and what disciplinary action was discussed. He gave an overview of personnel procedures. MOVED BY CHERVENY SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS AOTE TO ADJOURN THE CITY COUNCIL/RFDEVELOPMENT AGENCY STUDY SESSION AT 4:25 P.M, /I . WASHBURN, MAYOR AT ST: ~ VICKI KASAD, CI ~CLERK