HomeMy WebLinkAboutRS1- Development Department DEVELOPMENT DEPARTMENT
OF THE CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
REQUEST FOR COMMISSION/COUNCIL ACTION
FROM: BARBARA J.LINDSETH SUBJECT: PLACEMENT OF AGENDA
Acting Director ITEMS
DATE: January 6, 1995
-------------------------------------------------------------------------------------------------------------------------------------------
Synopsis of Previous Commission/Council/Committee Action(s):
None.
-------------------------------------------------------------------------------------------------------------------------------------------
Recommended Motion(s):
(Community Development Commission)
(Councilman Dr.Curlin's Recommendation)
MOTION: No item,which requires Council Action,may be placed on the Community Development
Commission Agenda,and the Economic Development Agency Administrator will not place
any Community Development Commission item on the Council Agenda.
z'"f
Administrator BARBARA J.LINDSETH
Acting Director
-------------------------------------------------------------------------------------------------------------------------------------------
Contact Person(s): Barbara J.Lindseth Phone: 5081
Project Area(s): N/A Ward(s): N/A
Supporting Data Attached: Memorandum dated January 6. 1995 from Councilman Dr.Curlin
FUNDING REQUIREMENTS: Amount: $ N/A Source: N/A
Budget Authority: N/A
-------------------------------------------------------------------------------------------------------------------------------------------
Commission/Council Notes:
------------------------------------------------------------------------------------------------------------------
BJL:phnt.cdc COMMISSION MEETING AGENDA
MEETING DATE: 01/09/1995
Agenda Item Number: — i
TEI_: Jan OF .95 10 :21 No .003 P .02
3A- 615 FRl 9:53 EU EUEL AGENOY FAX N0. 7148, ,413 P. 02
C I T O F gAIt g.ZRW .,AEt1) I AO
INTBROPP-10% tz*A 01n 1
Tds Timothy C. 9tainhaux,
Ageagy AdatiaidLratof, Economic Development
-FROM Council Office
_sUYJagCTi Council/Commiasion Agenda ICem for January 9, 1995
.DATEI January 6, 1995
-COPIRSt
'Please place the follaving motion on Ills Monday, January 9, 1995,
Counaii100fa�sioa Agenda&
AULIHScT•: placement of Agenda Ttera
MDT19 I NO Item, uhiah requ3ras council Action, xay be
placed on the Community Dav'clpPmaat 00mmiaal,on Amanda, and
the ECQnatnit Deve].MiAt Ageaay pd#dutstrator mill not
place any Community Development COMIeAion item on the
COMM Agenda.
F. . CURiTUR, M.D.
100iincMMU, $econd ward
C I T Y OF S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
TO: Mayor and Common Council
FROM: Dennis A. Barlow, Sr. Asst. City Attorney
DATE: January 6, 1995
RE: Meetings of the Mayor and Common Council
Although the Council sitting as the Community Development
Commission has taken a series of actions with the goal of removing
the City Attorney' s office from any role in Commission or Economic
Development Agency matters, as I told you at a recent meeting,
"this will not get you where you want to go. "
The Ralph M. Brown Act (Government Code §54950 et seq. ) as
recently amended defines a meeting as follows:
"Any congregation of a majority of the members of a
legislative body in the same time and place to hear,
discuss, or deliberate upon any item that is within the
subject matter jurisdiction of the legislative body or
that local agency to which it pertains. " (Government Code
554952. 2(x) ( 1 ) )
There is nothing in the statute or the cases that would allow
the Council to "magically" say that it is not the Council when it
is also serving as another body (e.g. the Community Development
Commission) . This is especially so since virtually all of the
items discussed by the Commission relate directly to items within
the "subject matter jurisdiction" of the City. For instance, the
Commission will often discuss the financing of a City project.
This is clearly within the "subject matter jurisdiction" of the
City. Therefore a "meeting" of the Council is taking place under
the definition contained in the Brown Act.
As you are aware, Section 55(d) of the Charter requires that
the City Attorney "shall attend meetings of the City Council . "
As a result we are compelled to attend the meetings of the
Council while sitting as the Community Development Commission and
will, of course, be sitting in our usual place.
DENNIS A..' BARLOW
DAB/js [CouncilM.Mem]