Mar 8 2011

Opinion: Council’s Lack of Vote on Pool Issue is Questioned

A Letter on the Absence of a Council Vote on Termination of Swim Club Negotiations:

March 7, 2011

Dear Council Members,

The approved minutes of the Feb. 7 Council meeting state that “the Council directed the City Administrator to terminate negotiations with the Piedmont Swim Club regarding the lease of City property at 777 Magnolia Avenue and begin the process for the City to assume pool operation.”

However, there is no record of a resolution or a vote on the issue, which was noticed as an informational item only. Under Article 2.07
(c) of the City Charter, “Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the minutes…. No action of the Council, except as otherwise provided for in this Charter, shall be valid or binding unless adopted by the affirmative vote of three (3) or more members of the Council.”

Taking over operation of the pool is a major financial commitment for the City and it hardly seems appropriate for the Council to “direct” staff to this, or any other action, in the absence of a properly noticed resolution and vote. The Charter-required process would make it clear in the record what was required of the Swim Club, and thus set a clear precedent for future leases and private uses of City property, such as the one you are considering tonight.  I think it would be appropriate for the Council to go on record as to what it required of the Swim Club, allowing the community and Swim Club members to have this record of Council action.

Thank you for your consideration.

Timothy Rood
Piedmont Resident

(This letter expresses the personal opinions of the author. All statements made are the opinion of the writer and not necessarily those of the Piedmont Civic Association.)

One Response to “Opinion: Council’s Lack of Vote on Pool Issue is Questioned”

  1. Excellent point. I believe the Brown Act requires a recorded vote as well.

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