HomeMy WebLinkAbout1992-01-06; Traffic Safety Commission; ; Review and comment upon TSC rules and proceduresCITY OF CARLSBAD
TRAFFIC SAFETY COMMISSION
STAFF REPORT
COMMISSION MEETING OF: January 6, 1992 ITEM NO._§£_
LOCATION: N.A.
INITIATED BY: Traffi c Engineer
REQUESTED ACTION: Review and comment upon TSC rules and procedures.
BACKGROUND:
DATA:
On April 2, 1990 the Traffic Safety Commission adopted TSC Resolution 90-1 that
established procedural rules.
On a yearly basis, the Traffic Safety Commission reviews the TSC rules and
procedures. The attached rules and procedures were adopted in 1990 with no
changes made in 1991. Comments and revisions, if necessary, to the existing rules
~nd procedures can be incorporated in the new resolution.
RECOMMENDATION:
Staff recommends that Resolution Number 92-1 be adopted by the Traffic Safety
Commission with appropriate revisions or additions as determined necessary by the
Traffic Safety Commission.
NECESSARY CITY COUNCIL ACTION:
No City Council action is required.
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TRAFFIC SAFETY COMMISSION RESOLUTION NO. 92-1
A RESOLUTION OF THE TRAFFIC SAFETY COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA ADOPTING TRAFFIC SAFETY
COMMISSION PROCEDURES.
The Traffic Safety Commission of the City of Carlsbad hereby resolves as follows:
The following procedure rules for the conduct of Traffic Safety Commission meetings are
adopted:
Sections:
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REGULAR MEETINGS
SPECIAL MEETINGS
ADJOURNED MEETINGS
STUDY SESSIONS
MEETINGS TO BE PUBLIC -EXCEPTIONS
COMMISSION AGENDA
CORRESPONDENCE -AVAILABILITY TO THE PUBLIC
CORRESPONDENCE -AUTHORITY OF CITY TRAFFIC ENGINEER
QUORUM
CONDUCT OF BUSINESS
ORDER OF BUSINESS
CALL TO ORDER -PRESIDING OFFICER
ROLL CALL
READING OF MINUTES
MINUTES
DISTRIBUTION OF MINUTES
RECORDINGS OF MEETINGS
PRESIDING OFFICER
POWERS AND DUTIES OF PRESIDING OFFICER
GAINING THE FLOOR
QUESTIONS TO THE STAFF
INTERRUPTIONS
POINTS OF ORDER
POINT OF PERSONAL PRIVI LEGE
PRIVILEGE OF CLOSING DEBATE
CALLING THE QUESTION
PROTEST AGAINST COMMISSION ACTION
PUBLIC HEARINGS -WHEN HELD
PUBLIC HEARINGS -PROCEDURE
PUBLIC HEARINGS -EVIDENCE
PUBLIC HEARINGS -CONTINUATION
PUBLIC HEARINGS -TERMINATION OF PUBLIC TESTIMONY
PUBLIC HEARINGS -CLOSING
PUBLIC HEARINGS -REOPENING
PUBLIC HEARINGS -DECISION
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REQUEST TO ADDRESS THE COMMISSION ON ITEMS OTHER THAN LISTED
PUBLIC HEARING .
ADDRESSING THE COMMISSION -SPOKESMAN FOR GROUP OF PERSONS.
DECORUM AND ORDER -COMMISSION AND CITY STAFF.
DECORUM AND ORDER -AUDIENCE.
ENFORCEMENT OF DECORUM.
VOTING PROCEDURES.
DISQUALIFICATION FOR CONFLICT OF INTEREST.
FAILURE TO VOTE.
CHANGING VOTE.
RECONSIDERATION .
PREPARATION OF RESOLUTIONS.
MOTIONS.
PRECEDENCE OF MOTIONS.
PARTICULAR MOTIONS, PURPOSE AND CRITERIA.
RESOLUTIONS .
RESOLUTIONS -ADOPTION.
CORRECTION OF DOCUMENTS.
ROBERT'S RULES OF ORDER.
FAILURE TO OBSERVE PROCEDURES.
RALPH M. BROWN ACT.
1 REGULAR MEETINGS. The Traffic Safety Commission shall hold regular meetings
on the first Monday of each month at the hour of 3:00 PM, in the Council Chambers at the City
Hall, 1200 Elm Avenue, Carlsbad , or such other place to which a meeting is adjourned. If by
reason of fire, flood or other emergency, it shall be unsafe to meet in the Council Chambers, the
meetings may be held for the duration of the emergency at such other places as is designated
by the Chairperson of the Commission, or if he should fail to act, by a majority of the quorum of
the Commission. When the day for any regular meeting falls on a legal holiday, such meeting
shall be held at the same hour and place on the next succeeding Monday not a holiday or such
other time as designated by the Traffic Safety Commission. At least 72 hours before a regular
meeting, th e agenda of the meeting shall be posted in a location that is freely accessible to
members of the public. No action shall be taken on any item not appearing on the agenda.
2 SPECIAL MEETINGS. Special meetings may be called at any time by the
Chairperson or by three members of the Traffic Safety Commission by delivering personally or
by mail written notice to each Commissioner and to each local newspaper of general circulation,
radio or television station having filed written request for such notice. Such notice must be
delivered personally or by mail at least twenty-four hours before the time of such meeting as
specified in the notice. The call and notice shall specify the time and place of the special
meeting and the business to be transacted. No other business shall be considered at such
meetings. Such written notice may be dispensed with as to any Commissioner who at or prior
to the time the meeting convenes files with the City Traffic Engineer a written waiver of notice.
Such waiver may be given by telegram. Such written notice may also be dispensed with as to
any Commissioner who is actually present at the meeting at the time it convenes. Notice of the
special meeting shall be posted at least 24 hours prior to the meeting in a location that is freely
accessible to members of the public.
3 ADJOURNED MEETINGS . All meetings may be adjourned to a time, place and date
certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be
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reconvened . Meetings may be adjourned by the Chairperson by a simple declaration thereof in
the absence of a protest by any Commissioner. Meetings may also be adjourned upon the
making and seconding of such a motion in accordance with the procedures on motions
established by the procedures. If a quorum is not present, less than a quorum may so adjourn
a meeting. If all members of the Commission are absent, the City Traffic Engineer shall declare
the meeting adjourned to a stated time and place and shall cause a written notice of the
adjournment to be given in the same manner as provided in Section 2 for special meetings.
When any meeting is adjourned, the City Traffic Engineer shall post notice of such adjournment
on the Council Chamber door within twenty-four hours after the time of the adjournment.
4 STUDY SESSIONS. The Commission may from time to time adjourn to meet in study
sessions. The purpose of such sessions shall be for hearing reports from the staff and reviewing,
discussing and debating matters of interest to the City. No official action shall be taken at a
study session. The participation of the public in such session shall be subject to the discretion
of the Chairperson.
5 MEETINGS TO BE PUBLIC -EXCEPTIONS. All meetings of the Traffic Safety
Commission shall be open to the public.
6 COMMISSION AGENDA. (a) In order to facilitate the orderly conduct of the business
of the Commission, an agenda shall be prepared for each regular meeting containing the specific
items of business to be transacted and the order thereof. Items of business may be placed on
the agenda by the direction of a member of the Commission, or City Traffic Engineer or the City
Attorney. Whenever feasible, each item on the agenda shall contain a staff recommendation and
the specific action requested to be taken by the Commission. At least 72 hours before a regular
meeting, the agenda of the meeting shall be posted in a location that is freely accessible to
members of the public.
(b} No action shall be taken on any item not appearing on the posted agenda unless the
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(1) The item was posted for a prior meeting occurring not more than five calendar
days prior to the date action is taken on the item, and at the prior meeting the
item was continued to the meeting at which action is being taken.
(c) The order of business established on the agenda shall be followed unless the Chairperson,
with the consent of a majority of the Commission, permits a matter to be taken out of the regular
agenda order.
(d} Every agenda for a regular meeting shall provide an opportunity for members of the public
to directly address the Commission on items of interest to the public, provided that no action
shall be taken on any item not appearing on the agenda: this part of the agenda shall be limited
to 15 minutes.
7 CORRESPONDENCE -AVAILABILITY TO THE PUBLIC.
(a) Correspondence addressed to the Commission which is received by the City Traffic Engineer
or any officer or employee of the City shall not be a matter of public record unless it is received
and filed by the Commission at a regular, special, or adjourned meeting of the Commission.
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Correspondence shall not be read aloud at a Commission meeting unless requested by a
majority vote of the Commission.
(b) Sufficient copies of each correspondence shall be provided so that each Commissioner and
the City Traffic Engineer will have a copy. In addition, three additional copies for public
inspection at the meeting shall be provided.
8 CORRESPONDENCE -AUTHORITY OF CITY TRAFFIC ENGINEER.
(a) The City Traffic Engineer is authorized to open and examine all mail or other written
communications addressed to the Traffic Safety Commission, except correspondence addressed
to individual Traffic Safety Commission members, and to give it warranted attention to the end
that all administrative business referred to in said communications and not requiring Traffic Safety
Commission action may be acted upon between Commission meetings provided, that all
communications and any action taken pursuant thereto shall be reported to the Traffic Safety
Commission.
(b) Correspondence deemed to be of an important or urgent nature may be submitted for
Commission considerati on at a Traffic Safety Commission meeting .
9 QUORUM. Three members of the Commission shall constitute a quorum for the
transaction of business. Less than a quorum may adjourn from time to time. Where there is no
quorum, the Chairperson, Vice Chairperson or any member of the Commission shall adjourn
such meeting, or if no member of the Commission is present, the City Traffic Engineer shall
adjourn the meeting. For the purpose of considering any item subject to vote of the
Commission, when a member of the Commission is disqualified due to a conflict of interest, his
presence shall not be considered in determining the presence of a quorum. Consideration on
such item shall be deferred until a quorum of non-interested Commissioners are present to
discuss and vote on them if a disqualification reduces those in attendance to less than a quorum.
1 O CONDUCT OF BUSINESS . The time set for each regular meeting, each member of
the Commission, the City Traffic Engineer, Minutes Clerk, and such department heads or others
as have be en requested to be present shall take their regular places in the Council Chambers.
The business of the Commission shall be conducted in substantially the order and in the manner
herein provided.
11 ORDER OF BUSINESS. The business of the Commission shall be taken up for
consideration and disposition in the following order:
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Call to Order
Roll Call.
Approval of Minutes
Comments from the audience on items not listed in the Agenda (Oral
Communications).
Old Business.
New Business.
Report from Traffic Safety Commission.
Report from Traffic Engineer.
Adjournment.
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Business will be considered in the order shown above, unless modified as provided for in this
Chapter.
12 CALL TO ORDER -PRESIDING OFFICER. The Chairperson, or in his absence the
Vice Chairperson, shall take the chair at the hour appointed for the meeting and shall call the
Commission to order. In the absence of the Chairperson and the Vice Chairperson, the City
Traffic Engineer shall call the Commission to order, whereupon a temporary presiding officer shall
be elected by the Commission Members present. Upon the arrival of the Chairperson or the Vice
Chairperson, the temporary presiding officer shall relinquish the chair at the conclusion of the
business then before the Commission. Whenever the term 'Chairperson' is used in these rules,
and the Chairperson is absent, it shall apply equally to the Vice Chairperson, and if he is also
absent, to the presiding officer elected pursuant to this section.
13 ROLL CALL. Before proceeding with the business of the Commission, the Minutes
8 Clerk shall call the roll of the Commission Members and the names of those present shall be
entered in the minutes.
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14 READING OF THE MINUTES. Unless the reading of the minutes of a meeting is
requested by a member of the Commission, the minutes may be approved without reading if
each member of the Commission has previously been furnished with a copy thereof.
15 MINUTES. The minutes of the Commission shall be kept by the Minutes Clerk and
shall be neatly typewritten and retained on file in the Engineering Department, with a record of
each particular type of business transacted set off in paragraphs, with proper subheads; provided
that the Minutes Clerk shall be required to make a record only of such business as was actually
passed upon by a vote of the Commission and shall not be required to make a verbatim
transcript of the proceedings, and provided, further, that a record shall be made of the names
and addresses of persons addressing the Commission, the title of the subject matter to which
their remarks related and whether they spoke in support of or in opposition to such matter.
A Commissioner may request, through the Chairperson, the privilege of having an abstract
of his statement on any subject under consideration by the Commission entered in the minutes.
If there is no objection from any member of the Commission, such statement shall be entered
in the minutes.
16 DISTRIBUTION OF MINUTES. A copy of the minutes of the meeting shall be
furnished to each Commissioner prior to the subsequent meeting. Copies shall also be provided
to the City Manager, City Attorney, City Traffic Engineer and any other individuals designated by
the City Manager.
17 RECORDINGS OF MEETINGS. (a) The Minutes Clerk may tape record Traffic Safety
Commission meetings as an aid in the preparation of the minutes. If tape recordings are made,
they shall be retained by the Minutes Clerk until such time as the minutes have been approved
by the Comm ission. Upon such approval of the written minutes by the Commission, the Minutes
Clerk may reu se or erase such tape recordings unless specifically requested by the Commission
or the City Attorney to retain such tapes at the time the minutes are approved.
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(b) While the Minutes Clerk has the tape recordings in her possession, members of the public
may hear tape recordings of the Commission meetings during office hours when it will not
inconvenience the ordinary operation of the Engineering Department. Brief or shorthand notes
may be made; mechanical recordings may be made from said tapes; and in this connection, the
Minutes Clerk is further authorized to allow the recording machine to be used by the public for
listening purposes when such machine is not necessary for use by the Engineering Department
in the ordinary function of the office. The provisions of this section shall be administered
according to the provisions of Section 1 .20.170 of the Carlsbad Municipal Code.
(c) If any person wishes a record of the Traffic Safety Commission meeting, or any portion
thereof, a request therefore shall be filed with the Engineering Department twenty-four hours prior
to the meeting. If such a request is received, the Minutes Clerk shall make arrangements to
make and preserve such a record at the expense of the person making the request.
If any person desires to have a matter reported by a stenographer reporter, he may
employ one directly at his expense.
18 PRESIDING OFFICER. The Chairperson of the Commission shall be the Presiding
Officer at all meetings of the Traffic Safety Commission.
19 POWERS AND DUTIES OF PRESIDING OFFICER. The Presiding Officer may move,
second, debate, and vote from the Chair. He shall not be deprived of any of the rights and
privileges of a Commissioner by reason of his acting as Presiding Officer. The Presiding Officer
or such person as he may designate may verbally restate each question immediately prior to
calling for the vote. Following the vote the Presiding Officer shall announce whether the question
carried or was defeated. The Presiding Officer shall be responsible for the maintenance of order
and decorum at all meetings. He shall decide all questions of order and procedure subject,
however, to an appeal to the Commission in which case the matter shall be determined by
majority vote of the Commission. The Presiding Officer shall sign all resolutions, and other
documents necessitating his signature which were adopted in his presence unless he is
unavailable in which case an alternate Presiding Officer may sign such documents.
20 GAINING THE FLOOR. Every Commissioner desiring to speak shall first address the
Chair, gain recognition by the Presiding Officer, and shall confine himself to the question under
debate, avoiding reference to character and indecorous language.
21 QUESTIONS TO THE STAFF. Every Commission Member desiring to question the
City staff shall , after recognition by the Presiding Officer, address his question to the appropriate
staff member. Questions shall be limited to inquiries relevant to the item.
22 INTERRUPTIONS. A Commissioner once recognized shall not be interrupted when
speaking unless called to order by the Presiding Officer, or unless a point of order or personal
privilege is raised by another Commissioner, or unless the speaker chooses to yield to a
question by another Commission Member. If a Commissioner while speaking is called to order
he shall cease speaking until the question of order is determined and if determined to be in
order, he may proceed. Members of the City Staff, after recognition by the Presiding Officer, shall
hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding
Officer.
23 POINTS OF ORDER. The Presiding Officer shall determine all points of order subject
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to the right of any Commissioner to request full Commission ruling and the question shall be,
"Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively
determine such question of order.
24 POINT OF PERSONAL PRIVILEGE. The right of a Commissioner to address the
Commission on a question of personal privilege shall be limited to cases in which his integrity,
character or motives are questioned or where the welfare of the Commission is concerned. A
Commissioner raising a point of personal privilege may interrupt another Commissioner who has
the floor only if the Presiding Officer recognizes the privilege.
25 PRIVILEGE OF CLOSING DEBATE. Subject to the provision of Section 26, the
Commissioner moving the adoption of a resolution or motion shall have the privilege of closing
debate, subject to a Commission majority ruling that debate should continue.
26 CALLING THE QUESTION. A member of the Commission who wishes to terminate
discussion of a motion may call for the question. If the call is seconded, the Presiding Officer
shall ask for a vote. If the call carries, the Commission shall then vote on the motion without
further discussion.
27 PROTEST AGAINST COMMISSION ACTION . Any Commissioner shall have the right
to have the reasons for his dissent from or his protest against any action of the Commission
entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in
substantially the following manner: "I would like the minutes to show that I am opposed to this
action for the following reasons ... "
28 PUBLIC HEARINGS -WHEN HELD. (a) Wherever by law the Commission is required
to hold a public hearing on any matter before it, such hearing will be held in accordance with the
rules and procedures set forth in these rules. Nothing herein shall prohibit or limit the
Commission from holding a public hearing on the matter before it, whether required by law or
not, nothing herein shall prohibit or limit any member of the public from addressing the
Commission in accordance with the procedures provided for in these rules irrespective of
whether or not a public hearing is held.
(b) All public hearings shall be scheduled to begin at a time certain which shall be the hour the
Commission convenes. The Commission shall hold such hearings in order, in accordance with
the schedule on the agenda at that time or as soon thereafter as practicable.
29 PUBLIC HEARINGS -PROCEDURE . (a) The Presiding Officer shall announce that
it is the tim e and place for a public hearing scheduled on the agenda.
(b) Prior to all Commission public hearings copies of the Commission's agenda with attachments,
including the staff report, if any, shall be available at the Office of the City Traffic Engineer at least
twenty-four hours prior to commencement of the hearing; provided however, the Commission
may allow in its discretion the filing of supplemental reports which shall be made public at the
commencement of the hearing. Any writing presented to the Commission which has not
previously been made available for public inspection, shall be made available as soon after the
meeting as practicable.
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(c) The order of the hearing shall be as follows unless otherwise required by law:
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Presentation of Staff Report.
Presentation, if any, by the Proponent (limited to 15 minutes or at the discretion
of the Presiding Officer.)
Questions from the Commission.
Testimony of Public.
Response of Proponent.
Termination of Public Testimony.
Discussion by Commission -Further Questions of Staff.
(d) The Commissioners should raise issues or concerns during the course of a public hearing
so that the applicant or the public has an opportunity to address those issues. If a proposed
condition is discussed for the first time after the public hearing is closed, the Presiding Officer
shall allow sufficient time to the proponent to address the change or addition. Members of the
general public shall also be allowed to address the change or addition if directly impacted by the
proposed condition.
(e) The provisions of Section 36 and Section 37 for addressing the Commission shall apply to
persons testifying at public hearings except that a written request to speak shall not be required.
(f) The Presiding Officer may, dependent upon the necessity for ensuring adequate presentation
of testimony and evidence to provide a fair hearing, set longer time limits than otherwise may be
applicable to the hearing.
30 PUBLIC HEARINGS -EVIDENCE. (a) During the public hearing the Commission
shall receive oral or written evidence relevant to the matter being considered which shall become
part of the record. The Presiding Officer or any member of the Commission through the
Presiding Officer may require any member of the Traffic Safety Commission to swear any person
giving evidence at the time of the hearing on the matter under consideration, if in the opinion of
the Presiding Officer or any member of the Commission, the oath is necessary. Evidence
received at public hearings provided for in this Resolution shall be relevant and materials to the
issues before the Commission ; provided , however, that the rules of evidence as established by
the Evidence Code for the State of California shall be substantially relaxed in order to afford a
full presentation of the facts essential for judicious consideration by the Commission of the matter
which is the subject of the public hearing. Failure on the part of the Commission to strictly
enforce rules of evidence or to reject matters which may be irrelevant or immaterial shall not
affect the validity of the hearing. Any procedural errors which do not affect the substantial rights
of the parties shall be disregarded. Any person, other than a member of the Commission, who
wishes to direct question(s) to an opposing witness shall submit such question(s) to the
Presiding Officer who will ask the question(s) to the witness. The Presiding Officer may at his
discretion restrict the number and nature of any questions asked pursuant to this section.
(b) If there is a Staff Report it shall be considered as evidence and shall become a part of the
record of a public hearing. Such report need not be read in full as part of the Staff presentation.
A synopsis of such report may be presented orally by staff members to the Commission. In
addition, any of the following may be presented to the Commission and, if presented, shall also
become part of the record:
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Exhibits and documents used by the City Staff and any persons participating in
the hearing.
Maps and displays presented for use at the hearing provided that, whenever
practicable, they shall be displayed in full view of the participants and the
audience.
All communications and petitions concerning the subject matter of the hearing
provided that a reading of such matters only shall be had at the request of a
Commissioner.
Information obtained outside the Council Chambers, such as view of the site,
provided such information, to the extent it is relied upon, shall be disclosed for the
record.
31 PUBLIC HEARINGS -CONTINUATION. At any time that it appears to the Presiding
Officer or a majority of the Commission through the Presiding Officer, that inadequate evidence
has been presented to afford judicious consideration of any matter before the Commission at the
time of a public hearing, or for other just cause, a continuation of said hearing may be ordered
to afford the proponent, the public, or the City Staff adequate time to assemble additional
evidence for the Commission's consideration. Any continuation ordered by the Commission
through its Presiding Officer shall be to a date certain, which said date shall be publicly
announced in the Council Chambers and shall constitute notice to the public of the time and
place that further evidence will be taken. No further notice is necessary. If the hearing is
continued to a time less than 72 hours after the time specified in the notice of hearing, a copy
of the notice of continuance of hearing shall be posted immediately following the meeting at
which the order of continuance was made. The public announcements provided for herein shall
constitute notice to the applicant and the public of time and place when further evidence will be
taken by the Commission. The Commission shall also have the option to set the matter to a new
hearing.
32 PUBLIC HEARINGS -TERMINATION OF PUBLIC TESTIMONY. When the public has
no further evidence to present, when in the opinion of the Presiding Officer no new public
evidence is being presented or when in the opinion of Presiding Officer the evidence is sufficient,
the Presiding Officer may terminate the public testimony. Termination of the public testimony
does not close the Public Hearing.
33 PUBLIC HEARINGS -CLOSING. When neither the proponent, the public, or the City
staff have further evidence to produce or when in the opinion of the Presiding Officer sufficient
evidence has been presented, the Presiding Officer shall order the public hearing closed, at
which time no further evidence either oral or written will be accepted by the Commission;
provided, however, that this rule may be relaxed by the Presiding Officer or the majority of the
Commission through the Presiding Officer where it appears that good cause exists to hear further
evidence concerning the matter which is the subject of the public hearing.
34 PUBLIC HEARINGS -REOPENING. A public hearing on any matter once closed
cannot be reopened on the date set for hearing unless the Presiding Officer determines that all
persons who were present when the hearing closed are still present. Nothing herein, however,
is intended to prevent or prohibit the reopening of the Commission. No public hearing may be
reopened without due and proper notice being given to the proponent and the public designating
the time and place of said opening.
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35 PUBLIC HEARINGS -DECISION. (a) The Commission shall consider all evidence
properly before them in accordance with these procedures. The Commission shall then act upon
the item. The Commission may instruct the City Traffic Engineer to return with the documents
necessary to effect the decision including findings as may be appropriate to the matter. Upon
return of such documents, the Commission shall determine if the findings are supported by the
evidence before them at the hearing and if the decision is supported by the findings and after
making any changes render their decision by taking action on the documents. The
Commission's decision is not final until adoption of the documents.
(b} A Commissioner who was absent from all or a part of a public hearing shall not participate
in a decision on the matter unless he has examined all the evidence including listening to a
recording of the oral testimony, if a recording is made, or the minutes, and can represent that
he has a full understanding of the matter.
36 REQUEST TO ADDRESS THE COMMISSION ON ITEMS OTHER THAN LISTED
PUBLIC HEARINGS. (a) It is the policy of the Commission to permit limited presentations by
members of the public on non-public hearing agenda items. The Presiding Officer may in the
absence of objection by a majority of the Commissioners present, decline to permit such
presentations on any particular non-public hearing item.
(b) Any person or group of persons desiring to address the Commission on a nonhearing matter
must file with the City Traffic Engineer a written request for permission to address the
Commission in advance of the Commission's consideration of the item. The Presiding Officer
may grant consent to address.
(c) Each person desiring to address the Commission shall approach the podium, state his name
and address for the record, state the subject he wishes to discuss, state whom he is representing
if he represents an organization or other persons, and unless further time is granted by majority
vote of the Commission, shall limit his remarks to five minutes. All remarks shall be addressed
to the Commission as a whole and not to any one member thereof. No questions shall be asked
of a Commissioner or a member of the City Staff without obtaining
permission of the Presiding Officer. The Presiding Officer shall not permit any communication,
oral or written, to be made or read where it does not bear directly on the agenda item then under
discussion.
(d} After a motion has been made no member of the public shall address the Commission from
the audience on the matter under consideration without first securing permission to do so by a
majority vote of the Commission.
(e) No person shall address the Commission without first securing the permission of the
Presiding Officer.
37 ADDRESSING THE COMMISSION -SPOKESMAN FOR GROUP OF PERSONS. (a)
In order to expedite matters and to avoid repetitious presentations, whenever any group of
persons wishes to address the Commission on the same subject matter, it shall be proper for the
Presiding Officer to require that a spokesman be chosen from the group to address the
Commission. If additional matters are to be presented by any other members of the group the
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Presiding Officer may limit the number of such persons and limit the presentation to information
not already presented by the group spokesman.
(b) For items other than those set for public hearing, groups of persons shall be limited to a total
presentation period of five minutes. Further time may be granted by majority vote of the
Commission.
38 DECORUM AND ORDER -COMMISSION AND CITY STAFF. While the Commission
is in session, the Commissioners and City staff shall observe good order and decorum. A
member shall neither by conversation or otherwise delay or interrupt the proceedings or the
peace of the Commission nor disturb any member while speaking or refuse to obey the directives
of the Presiding Officer.
39 DECORUM AND ORDER -AUDIENCE -Members of the public attending
Commission meetings shall observe the same rules of order and decorum applicable to the
Commissioners and City staff. Any person making impertinent and slanderous remarks or who
becomes boisterous while addressing the Commission or while attending the Commission's
meeting shall be removed from the room if the Sergeant-at-Arms is so directed by the Presiding
Officer, and such person may be barred from further audience before the Commission.
Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar
demonstrations shall not be permitted by the Presiding Officer, and if such conduct continues,
he shall direct the Sergeant-at-Arms to remove such offenders from the room.
40 ENFORCEMENT OF DECORUM. (a) The Police Chief or such other person as he
may designate shall be Sergeant-at-Arms of the Commission. The Sergeant-at-Arms shall be
available on an oncall basis for regular and adjourned meetings.
{b) Any member of the Commission or other person using vulgar, profane, loud or boisterous
language at any meeting or otherwise interrupting the proceedings of the Commission, or who
refuses to carry out orders and instructions given by the Presiding Officer for the purpose of
maintaining order and decorum at the Commission meeting, or who interrupts proceedings, shall
upon conviction be deemed guilty of a misdemeanor.
41 VOTING PROCEDURES . Voting shall be conducted by the use of a voice vote of
those Commissioners in attendance.
When the Commission is voting by voice vote, a negative vote shall be registered by the
oral statement of 'NO' by the Commission Member voting. Affirmative vote shall be registered
by the oral statement of 'YES' or 'AYE' by the Commissioner voting.
42 DISQUALIFICATION FOR CONFLICT OF INTEREST. If a Commissioner has reason
to think a conflict of interest may exist, he shall give the facts of the matter to the City Attorney
and request advice thereon prior to the meeting .
Any Commissioner who is disqualified from voting on a particular matter by reason of a
conflict of interest shall publicly state or have the Presiding Officer state the nature of such
disqualification in the open Commission meeting. A Commissioner who is disqualified by reason
of a conflict of interest in any matter shall remove himself from the chamber during the debate
and not vote or otherwise participate on such matter, or may request and be given the
permission of the Presiding Officer to step down from the Commission seat and leave the
chamber. A Commissioner stating such disqualification shall not be counted as a part of a
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quorum and shall be considered absent for the purpose of determining the outcome of any vote
on such matter.
43 FAILURE TO VOTE. Every Commissioner should vote unless disqualified by reason
of conflict of interest. A Commissioner who abstains from voting acknowledges that a majority
of the quorum may decide the question voted upon.
44 CHANGING VOTE. A Commissioner may change his vote only if a timely request
to do so is made immediately following the announcement of the vote by the Presiding Officer
and prior to the time the next item in the order of business is taken up. A Commissioner who
publicly announces that he is abstaining from voting on a particular matter shall not subsequently
be allowed to withdraw his abstention.
45 RECONSIDERATION. (a) A motion to reconsider any action taken by the
Commission 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 sessions thereof. Such
motion may be made only by one of the Commissioners who voted with the prevailing side.
Nothing herein shall be construed to prevent any Commissioner from making or remaking the
same or any other motion at a subsequent meeting of the Commission.
(b) A motion to rescind, repeal, cancel or otherwise nullify prior Commission action shall be in
order at any subsequent meeting of the Commission. The effect of such action shall operate
prospectively and not retroactively and shall not operate to adversely affect individual rights
which may have vested in the interim.
46 PREPARATION OF RESOLUTIONS. All resolutions shall be prepared by the City
Traffic Engineer or City Attorney. No resolution shall be prepared for presentation to the
Commission unless requested by a Commissioner, the Chairperson, City Manager, City Attorney
or prepared by the City Traffic Engineer on his initiative.
47. MOTIONS. (a) A motion is the formal statement of a proposal or question to the
Commission for consideration and action. Every Commissioner has the right to present a motion.
A motion is generally considered in the nature of direction or instruction, however, a motion will
generally suffice unless a resolution is specifically called for by law or unless there is some
reason for desiring the particular action formalized by separate instrument.
(b) If the motion contains two or more divisible propositions, the Presiding Officer may divide the
same.
(c) If a motion is properly made, the Presiding Officer shall call for a second. No further action
is required on a motion which does not receive a second.
(d) When a motion is made and seconded, it shall be restated by presiding Officer before a vote.
After extensive discussion on a motion, the Presiding Officer should restate the motion before
a vote.
(e) A motion once before the Commission, may not be withdrawn by the maker without the
consent of the second.
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48 PRECEDENCE OF MOTIONS. (a) When a main motion is before the Commission,
no motion shall be entertained except the following which shall have precedence, one over the
other, in the following order:
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Adjourn.
Recess.
Table.
Call for the Question.
Limit or extend Debate.
Refer to Committee or Staff.
Substitute.
Amend.
Postpone.
Minute Motion.
Main Motion.
9 (b) The order of preference in Subsection (a) is subject to the following restrictions.
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1.
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4.
A motion shall not be in order which repeats a motion made previously at the
same meeting unless there has been some intervening Commission action or
discussion.
A motion shall not be in order when the previous question has been ordered.
A motion shall not be in order while a vote is being taken.
A motion shall not be in order when made as an interruption of a Commissioner
while speaking.
49 PARTICULAR MOTIONS, PURPOSE AND CRITERIA. The purpose and salient criteria
15 of the motions listed in Section 48 is as follows:
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1. Motion to Adjourn.
Purpose. To Terminate a Meeting.
Debatable or amendable. No, except a motion to adjourn to another time is debatable
and amendable as to the time to which the meeting is to be adjourned.
2. Motion to Recess.
Purpose. To permit an interlude in the meeting and to set a definite time for continuing
the meeting.
Debatable or Amendable. Yes, but restricted as to time or duration of recess.
3. Motion to Table.
Purpose. To set aside, on a temporary basis, a pending main motion provided that it may
be taken up again for consideration during the current meeting or at some future regular
meeting.
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Debatable or Amendable. It is debatable but not amendable.
4. Motion to Call for the Question.
Purpose: To prevent or stop discussion on the pending question or questions and to
bring such question or questions to vote immediately. If the motion passes, a vote shall
be taken on the pending motion or motions.
Debatable or Amendable. No.
5. Motion to limit or extend debate.
Purpose . To limit or determine the time that will be devoted to discussion of a pending
motion or to extend or remove limitations already imposed on its discussion.
Debatable or Amendable. Not debatable; amendments are restricted to period of time
of the proposed limit or extension.
6. Motion to Refer to Committee or Staff.
Purpose. To refer the question before the Commission to a Committee or to the City staff
for the purpose of investigating or studying the proposal and to make a report back to
the Commission. If the motion fails , discussion or vote on the question resumes.
Debatable or Amendable. Yes.
7. Substitute Motion.
Purpose. To strike out one main motion and insert another main motion in its place
which may be done so long as it is related to the subject of the original motion.
Debatable or Amendable. The substitute motion is left unacted on until Commissioners
have the opportunity to perfect the main motion by amendments if desired. The
substitute motion is debatable and subject to amendment. After amendments have been
offered, the substitute motion is voted upon and, if adopted, strikes the main motion.
8. Amend.
Purpose. To modify or change a motion that is being considered by the Commission so
that it will express more satisfactorily the will of the members. If the motion passes, then
the main motion should be voted on as amended.
Debatable or Amendable. It is debatable unless applied to an undebatable main motion.
It is amendable.
9. Motion to Postpone.
Purpose. To prevent further discussion and voting on the main motion until a future date
or eve nt. If the motion fails, discussion and voting on the main motion shall not be
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brought up again until the specified date or event.
Debatable or Amendable. It is debatable but not amendable.
10. Minute Motion.
Purpose. To make a permanent record and enter into the minutes the action of the
Commission regarding any item properly before it. Such action may include, but not be
limited to, recommendations to the City Council or approving and accepting reports, or
such other and further action as determined by the Commission which does not require
a written resolution. A minute motion shall not substitute for a resolution.
Debatable or Amendable. Yes.
11. Main Motion.
Purpose. The primary proposal or question before the Commission for discussion and
decision.
Debatable or Amendable. Yes.
50 RESOLUTIONS. Formal Commission actions on all items before it shall be made
by resolution. When necessary the resolution shall contain appropriate findings and declarations.
51 RESOLUTIONS -ADOPTION . (a) Where a particular resolution has been prepared
14 and is before the Commission, it shall be adopted by motion, second, discussion and vote. It
is not necessary to read the resolution by title or in full provided it is identified by the Presiding
15 Officer. Upon request of any member of the Commission, the resolution shall be read by title or
in full.
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(b) Where a particular resolution has not been prepared a motion to direct the City Traffic
Engineer to prepare the document and return it to the Commission is in order.
(c) Where necessary, a resolution may be presented verbally in motion form together with
instructions for written preparation. Upon execution of such a resolution, it shall become an
official action of the Commission.
52 CORRECTION OF DOCUMENTS. Upon occasion Resolutions or other documents
are submitted in draft form or on the spot amendments occur or typographical or other technical
errors are found which necessitate retyping of the document; and such redraft, when properly
executed, shall become the original document.
53 ROBERT'S RULES OF ORDER. If a matter arises at a Commission meeting which
is not governed by these procedures or applicable provisions of federal or state law, including
the Ralph M. Brown Act (Government Code Sections 54950 et seq.) or the Carlsbad Municipal
Code, the procedures of the Commission shall be governed by the latest revised edition of
Robert's Rules of Order, which is incorporated herein by reference.
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54 FAILURE TO OBSERVE PROCEDURES. The provision of these Rules are adopted
to expedite the transaction of the business of the Commission in an orderly fashion and are
deemed to be procedural only. The failure to strictly observe such rules shall not affect the
jurisdiction of the Commission or invalidate any action taken at a meeting that is otherwise held
in conformity with law.
55 RALPH M. BROWN ACT. The provisions of the Ralph M. Brown Act are incorporated
herein by reference and are attached.
PASSED, APPROVED AND ADOPTED by the Traffic Safety Commission of the City of
7 Carlsbad at a regular meeting held on the ___ day of ____ , 1992, by the following
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vote, to wit:
AYE S:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
ROBERT T. JOHNSON, JR., P.E.
TRAFFIC ENGINEER
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JIM STACHOVIAK, Chairperson
CARLSBAD TRAFFIC SAFETY COMMISSION
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3 Section 54950.
4 Section 54950.5.
5 Section 54951 .
6 Section 54951 .1 .
7 Section 54951 . 7.
8 Section 54952.
9 Section 54952.2.
10 Section 54952.3.
11 Section 54952.5.
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Section 54952.6.
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Section 54952. 7.
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Section 54953. 15
16 Section 54953.1 .
17 Section 54953.3.
18 Section 54953.5.
19 Section 54953.7.
20 Section 54954.
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22 Section 54954. 1 .
23 Section 54954.2.
24 Section 54954.3.
25 Section 54955.
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Section 54955.1 .
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SECTION 55
RALPH M. BROWN ACT
TABLE OF CONTENTS
Government Code Sections 54950 -54961
Declaration of public policy
Title of act
"Local agency"
Public meetings by antipoverty organizations
"Local agency" includes nonprofit corporations of agency
"Legislative body"
"Legislative body": committees with delegated powers
"Legislative body": advisory committees
"Legislative body": permanent boards or commissions
"Action taken"
Copies of act
Meetings to be open and public
Grand jury testimony unaffected by act
Registration not required for public attendance at meeting
Recording proceedings
Local requirements
Rules for conduct of business: time and place for holding regular
meetings
Mailed notice of meetings, on request of property owner
Agenda requirements
Right of public to address legislative body
Adjournment of meetings
Continuance of hearing to subsequent meeting
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Section 54956.
Section 54956.5.
Section 54956.6.
Section 54956.7.
Section 54956.8.
Section 54956.9.
Section 54957.
Section 54957.1 .
Section 54957.2.
Section 54957.5.
Section 54957.6.
Section 54957.7.
Section 54957.9.
Section 54958.
Section 54959.
Section 54960.
Section 54960.1 .
Section 54960.5.
Section 54961 .
Special meetings
Emergency special meetings
Fees
Licensing applications
Closed sessions for land negotiations
Closed sessions to confer with legal counsel regarding litigation
Closed sessions
Public report of employment decisions
Minute book for closed sessions
Agenda and other writings as public record
Closed sessions regarding employee compensations
Statement of reasons for closed session
Conduct of business where meeting willfully interrupted
Application of chapter
Attendance at meeting where action taken in violation of this chapter
a misdemeanor
Action against violation or threatened violation of this chapter
Action to void action of legislative body .
Costs and attorneys fees
No meeting where discriminatory admission policy
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Section 54950.
RALPH M. BROWN ACT
Government Code Sections 54950-54961
(As of January 1, 1987)
Declaration of public policy
In enacting this chapter, the Legislature finds and declares that the public commissions , boards
and councils and the other public agencies in this State exist to aid in the conduct of the
people's business. It is the intent of the law that their actions be taken openly and that their
deliberations be conducted openly.
The people of this State do not yield their sovereignty to the agencies which serve them . The
7 people, in delegating authority, do not give their public servants the right to decide what is good
for the people to know and what is not good for them to know. The people insist on remain ing
8 informed so that they may retain control over the instruments they have created.
9 Section 54950.5. ntle of act
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This chapter shall be known as the Ralph M. Brown Act.
Section 54951. "Local agency"
As used in this chapter, "local agency" means a county, city, whether general law or chartered,
city and county, town, school district, municipal corporation, district, political subdivision, or any
board, commission or agency thereof, or other local public agency.
Section 54951 .1 . Public meetings by antipoverty organizations
For the purposes of this chapter, and to the extent not in consistent with federal law, the term
"local agency" shall include all private nonprofit organizations that receive public money to be
expended for public purposes pursuant to the "Economic Opportunity Act of 1964" (PL 88-452 ;
78 Stats 508) (41 uses Sections 2701 et seq.].
Section 54951 . 7. "Local agency" includes nonprofit corporations of agency
"Local agency" includes any nonprofit corporation, created by one or more local agencies, any
one of the members of whose board of directors is appointed by such local agencies and which
is formed-to acquire, construct, reconstruct, maintain or operate any public work project.
Section 54952. "Legislative body"
As used in this chapter, "legislative body" means the governing board, commission, directors or
body of a local agency, or any board or commission thereof, and shall include any board,
commission, committee, or other body on which officers of a local agency serve in their official
capacity as members and which is supported in whole or in part by funds provided by such
agency, whether such board, commission, committee or other body is organized and operated
by such local agency or by a private corporation.
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Section 54952.2. "Legislative body": committees with delegated powers
As used in this chapter, "legislative body" also means any board, commission, committee , or
similar multimember body which exercises any authority of a legislative body of a local agency
delegated to it by that legislative body.
Section 54952.3. "Legislative body": advisory committees
As used in this chapter "legislative body" also includes any advisory commission, advisory
committee or advisory body of a local agency, created by charter, ordinance, resolution, or by
any similar formal action of a legislative body or member of a legislative body of a local agency.
Meetings of such advisory commissions, committees or bodies concerning subjects which do
not require an examination of facts and data outside the territory of the local agency shall be held
within the territory of the local agency and shall be open and public, and notice thereof must be
delivered personally or by mail at least 24 hours before the time of such meeting to each person
who has requested, in writing, notice of such meeting.
If the advisory commission, committee or body elects to provide for the holding of regular
meetings, it shall provide by bylaws, or by whatever other rule is utilized by that advisory body
for the conduct of its business, for the time and place for holding such regular meetings. No
other notice of regular meetings is required.
"Legislative body" as defined in this section does not include a committee composed solely of
members of the governing body of a local agency which are less than a quorum of such
governing body.
The provisions of Sections 54954, 54955, 54955.1 , and 54956 shall not apply to meetings under
this section.
Section 54952.5. "Legislative body": permanent boards or commissions
As used in this chapter "legislative body" also includes, but is not limited to, planning
commissions, library boards, recreation commissions, and other permanent boards or
commissions of a local agency.
20 Section 54952.6. "Action taken"
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As used in this chapter, "action taken" means a collective decision made by a majority of the
members of a legislative body, a collective commitment or promise by a majority of the members
of a legislative body to make a positive or a negative decision, or an actual vote by a majority
of the members of a legislative body when sitting as a body or entity, upon a motion, proposal,
resolution, order or ordinance.
Section 54952. 7. Copies of act
A legislative body of a local agency may require that a copy of this chapter be given to each
member of the legislative body. An elected legislative body of a local agency may require that
a copy of this chapter be given to each member of each legislative body all or a majority of
whose members are appointed by or under the authority of the elected legislative body.
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Section 54953. Meetings to be open and public
All meetings of the legislative body of a local agency shall be open and public, and all persons
shall be permitted to attend any meeting of the legislative body of a local agency, except as
otherwise provided in this chapter.
Section 54953. 1 . Grand jury testimony unaffected by act
The provisions of this chapter shall not be construed to prohibit the members of the legislative
body of a local agency from giving testimony in private before a grand jury, either as individuals
or as a body.
7 Section 54953.3. Registration not required for public attendance at meeting
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A member of the public shall not be required, as a condition to attendance at a meeting of a
legislative body of a local agency , to register his or her name, to provide other information, to
complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance.
If an attendance list, register, questionnaire, or other similar document is posted at or near the
entrance to the room where the meeting is to be held, or is circulated to the persons present
during the meeting, it shall state clearly that the signing, registering, or completion of the
document is voluntary, and that all persons may attend the meeting regardless of whether a
person signs, registers or completes the document.
Section 54953.5. Recording proceedings
Any person attending an open and public meeting of a legislative body of a local agency shall
have the right to record the proceedin9s on a tape recorder in the absence of a reasonable
finding of the legislative body of the local agency that such recording constitutes, or would
constitute a disruption of the proceedings. •
Section 54953. 7. Local requirements
Notwithstanding any other provision of law, legislative bodies of local agencies may impose
requirements upon themselves which allow greater access to their meetings than prescribed by
the minimal standards set forth in this chapter. In addition thereto, an elected legislative body
of a local agency may impose such requirements on those appointed legislative bodies of the
local agency of which all or a majority of the members are appointed by or under the authority
of the elected legislative body.
Section 54954. Rules for conduct of business: time and place for holding regular
meetings
The legislative body of a local agency shall provide, by ordinance, resolution, by-laws, or by
whatever other rule is required for the conduct of business by that body, the time for holding
regular meetings. Unless otherwise provided for in the act under which the local agency was
formed, meetings of the legislative body need not be held within the boundaries of the territory
over which the local agency exercises jurisdiction. If at any time any regular meeting falls on
a holiday, such regular meeting shall be held on the next business day. If, by reason of fire,
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flood, earthquake or other emergency, it shall be unsafe to meet in the place designated, ~e
meeting may be held for the duration of the emergency at such place as is designated b~ the
presiding officer of the legislative body ..
Section 54954.1 . Mailed notice of meetings, on request of property owner
The legislative body of any district which is subject to the provisions of this chapter shall give
mailed notice of every regular meeting, and any special meeting which is called at least one week
prior to the date set for the meeting, to any owner of property located within the district who has
filed a written request for such notice with the legislative body. Any mailed notice requ ired
pursuant to this section shall be mailed at least one week prior to the date set for the meeting
to which it applies except that the legislative body may give such notice as it deems practical of
special meetings called less than seven days prior to the date set for the meeting.
Any request for notice filed pursuant to this section shall be valid for one year from the date on
which it is fi led unless a renewal request is filed. Renewal requests for notice shall be filed within
90 days after January 1 of each year. Any request for notice, or renewal request, filed pursuant
to this section shall contain a description of the property owned by the person filing the request.
Such description may be in general terms but shall be sufficient enough to readily identify such
property.
The legislative body may establish a reasonable annual charge for sending such notice based
on the estimated cost of providing such a service.
Section 54954.2. Agenda requirements
(a) At least 72 hours before a regular meeting, the legislative body of the local agency, or its
designee, shall post an agenda containing a brief general description of each item of business
to be transacted or discussed at the meeting. The agenda shall specify the time and location
of the regular meeting and shall be posted in a location that is freely accessible to members of
the public. No action shall be taken on any item not appearing on the posted agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items of business
not appearing on the posted agenda under any of the following conditions:
(1) Upon a determination by a majority vote of the legislative body that an emergency
situation exists, as defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the legislative body, or, if less than
two-thirds of the members are present, a unanimous vote of those members present, that the
need to take action arose subsequent to the agenda being posted as specified in subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a prior meeting of the
legislative body occurring not more than five calendar days prior to the date action is taken on
the item, and at the prior meeting the item was continued to the meeting at which action is being
taken.
26 Section 54954.3. Right of public to address legislative body
27 (a)
28
Every agenda for regular meetings shall provide an opportunity for members of the public
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to directly address the legislative body on items of interest to the public that are within the
subject matter jurisdiction of the legislative body, provided that no action shall be taken on any
item not appearing on the agenda unless the action is otherwise authorized by subdivision (b)
of Section 54954.2. However, in the case of a meeting of a city council in a city or a board of
supervisors in a city and county, the agenda need not provide an opportunity for members of the
public to address the council or board on any item that has already been considered by a
committee, composed exclusively of members of the council or board, at a public meeting
wherein all interested members of the public were afforded the opportunity to address the
committee on the item, unless the item has been substantially changed since the committee
heard the item, as determined by the council or board.
(b) The legislative body of a local agency may adopt reasonable regulations to ensure that
7 the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the
total amount of time allocated for public testimony on particular issues and for each individual
8 speaker.
9 Section 54955. Adjournment of meetings
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The legislative body of a local agency may adjourn any regular, adjourned regular, special or
adjourned special meeting to a time and place specified in the order of adjournment. Less than
a quorum may so adjourn from time to time. If all members are absent from any regular or
adjourned regular meeting the clerk or secretary of the legislative body may declare the meeting
adjourned to a stated time and place and he shall cause a written notice of the adjournment to
be given in the same manner as provided in Section 54956 for special meetings, unless such
notice is waived as provided for special meetings. A copy of the order or notice of adjournment
shall be conspicuously posted on or near the door of the place where the regular, adjourned
regular, special or adjourned special meeting was held within 24 hours after the time of the
adjournment. When a regular or adjourned regular meeting is adjourned as provided in this
section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an
order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to
be held, it shall be held at the hour specified for regular meetings by ordinance, resolution ,
bylaw, or other rule.
Section 54955.1 . Continuance of hearing to subsequent meeting
Any hearing being held, or noticed or ordered to be held, by a legislative body of a local agency
at any meeting may by order or notice of continuance be continued or re-continued to any
subsequent meeting of the legislative body in the same manner and to the same extent set forth
in Section 54955 for the adjournment of meetings; provided, that if the hearing is continued to
a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the
order or notice of continuance of hearing shall be posted immediately following the meeting at
which the order or declaration of continuance was adopted or made.
Section 54956. Special meetings
A special meeting may be called at any time by the presiding officer of the legislative body of a
local agency, or by a majority of the members of the legislative body, by delivering personally
or by mail written notice to each member of the legislative body and to each local newspaper of
general circulation, radio or television station requesting notice in writing. The notice shall be
delivered personally or by mail and shall be received at least 24 hours before the time of the
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meeting as specified in the notice. The call and notice shall specify the time and place of the
special meeting and the business to be transacted. No other business shall be considered at
these meetings by the legislative body. The written notice may be dispensed with as to any
member who at or prior to the time the meeting convenes files with the clerk or secretary of the
legislative body a written waiver of notice. The waiver may be given by telegram . The written
notice may also be dispensed with as to any member who is actually present at the meeting at
the time it convenes. Notice shall be required pursuant to this section regardless of whether any
action is taken at the special meeting.
The call and notice shall be posted at least 24 hours prior to the special meeting in a location
that is freely accessible to members of the public.
7 Section 54956.5. Emergency special meetings
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In the case of an emergency situation involving the matters upon which prompt action is
necessary due to the disruption or threatened disruption of public facilities, a legislative body
may hold an emergency meeting without complying with either the 24-hour notice requirement
or the 24-hour posting requirement of Section 54956 or both of the notice and posting
requirements.
For purposes of this section, "emergency situation" means any of the following:
(a) Work stoppage, or other activity which severely impairs public health, safety, or
both, as determined by a majority of the members of the legislative body.
(b) Crippling disaster which severely impairs public health, safety, or both, as
determined by a majority of the members of the legi.slative body.
However, each local newspaper of general circulation and radio or television station which has
requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding
officer of the legislative body, or designee thereof, one hour prior to the emergency meeting by
telephone and all telephone numbers provided in the most recent request of such newspaper
or station for notification of special meetings shall be exhausted. In the event that telephone
services are not functioning, the notice requirements of this section shall be deemed waived ,
and the legislative body, or designee of the legislative body, shall notify those newspapers, radio
stations, or television stations of the fact of the holding of the emergency meeting, the purpose
of the meeting, any action taken at the meeting as soon after the meeting as possible.
Notwithstanding Section 54957, the legislative body shall not meet in closed session during a
meeting called pursuant to this section.
All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting
called pursuant to this section, with the exception of the 24-hour notice requirement.
The minutes of a meeting called pursuant to this section, a list of persons who the presiding
officer of the legislative body, or designee of the legislative body, notified or attempted to notify,
a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum
of 1 O days in a public place as soon after the meeting as possible.
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Section 54956.6. Fees
No fees may be charged by the legislative body of a local agency for carrying out any provision
of this chapter, except as specifically authorized by this chapter.
Section 54956. 7. Licensing applications
Whenever a legislative body of a local agency determines that it is necessary to discuss and
determine whether an applicant for a license or license renewal, who has a criminal record , is
sufficiently rehabilitated to obtain the license, the legislative body may hold a closed session with
the applicant and the applicant's attorney, if any, for the purpose of holding the discussion and
making the determination. If the legislative body determines, as a result of the closed session ,
that the issuance or renewal of the license should be denied, the applicant shall be offered the
opportunity to withdraw the application. If the applicant withdraws the application, no record
shall be kept of the discussions or decisions made at the closed session and all matters relating
to the closed session shall be confidential. If the applicant does not withdraw the application ,
the legislative body shall take action at the public meeting during which the closed session is
held or at its next public meeting denying the application for the license but all mc...ters relating
to the closed session are confidential and shall not be disclosed without the consent of the
applicant, except in an action by an applicant who has been denied a license challenging the
denial of the license.
Section 54956.8. Closed sessions for land negotiations
Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold
a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real
property by or for the local agency to give instructions to its negotiator regarding the price and
terms of payment for the purchase, sale, exchange, or lease.
However, prior to the closed session, the legislative body of the local agency shall hold an open
and public session in which it identifies the real property or real properties which the negotiations
may concern and the person or persons with whom its negotiator may negotiate.
For the purposes of this section, the negotiator may be a member of the legislative body of the
local agency.
For purposes of this section, "lease" includes renewal or renegotiation of a lease.
Nothing in this section shall preclude a local agency from holding a closed session for
discussions regarding eminent domain proceedings pursuant to Section 54956.9.
Section 54956.9. Closed sessions to confer with legal counsel regarding litigation
Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based
on advice of its legal counsel, from holding a closed session to confer with, or receive advice
from, its legal counsel regarding pending litigation when discussion in open session concerning
those matters would prejudice the position of the local agency in the litigation.
For purposes of this section, litigation shall be considered pending when any of the following
circumstances exist:
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(a) An adjudicatory proceeding before a court, administrative body exercising its
adjudicatory authority, hearing officer, or arbitrator, to which the local agency is a party, has been
initiated formally.
(b) (1) 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 significant exposure to litigation against the local agency; or
(2) Based on existing facts and circumstances, the legislative body of the
local agency is meeting only to decide whether a closed session is authorized pursuant to
paragraph (1 ) of this subdivision.
(c) Based on existing facts and circumstances, the legislative body of the local agency
has decided to initiate or is deciding whether to initiate litigation.
Prior to holding a closed session pursuant to this section, the legislative body of the local agency
shall state publicly to which subdivision it is pursuant. If the session is closed pursuant to
subdivision (a), the body shall state the title of or otherwise specifically identify the litigation to
be discussed, unless the body states that to do so would jeopardize the agency 's ability to
effectuate service of process upon one or more unserved parties, or that to do so would
jeopardize its ability to conclude existing settlement negotiations to its advantage.
The legal counsel of the legislative body of the local agency shall prepare and submit to the
body a memorandum stating the specific reasons and legal authority for the closed session . If
the closed session is pursuant to subdivision (a), the memorandum shall include the title of the
litigation. If the closed session is pursuant to subdivision (b) or (c), the memorandum shall
include the existing facts and circumstances on which it is based. The legal counsel shall submit
the memorandum to the body prior to the closed session. if feasible, and in any case no later
than one week after the closed session. The memorandum shall be exempt from disclosure
pursuant to Section 6254.1 .
For purposes of this section, "litigation" includes any adjudicatory proceeding, including eminent
domain, before a court, administrative body exercising its adjudicatory authority, hearing officer,
or arbitrator.
20 Section 54957. Closed sessions
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Nothing contained in this chapter shall be construed to prevent the legislative body of a local
agency from holding closed sessions with the Attorney General, District Attorney, Sheriff, or Chief
of Police, or their respective deputies, on matters posing a threat to the security of public
buildings or a threat to the public's right of access to public services or public facilities, or from
holding closed sessions during regular or special meeting to consider the appointment,
employment, evaluation of performance, or dismissal of a public employee or to hear complaints
or charges brought against such employee by another person or employee unless such
employee requests a public hearing. The legislative body also may exclude from any such public
or closed meeting, during the examination of a witness, any or all other witnesses in the matter
being investigated by the legislative body.
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For the purposes of this section, the term "employee" shall not include any person electe o
office, or appointed to an office by the legislative body of a local agency; provided, however,'that
nonelectlve positions of city manager, county administrator, city attorney, county counsel, or a
department head or other similar administrative officer of a local agency shall be considered
employee positions; and provided, further that nonelective positions of general manager, ch ief
engineer, legal counsel, district secretary, auditor, assessor, treasurer, or tax collector of any
governmental district supplying service within limited boundaries shall be deemed employee
positions.
Nothing in this chapter shall be construed to prevent any board, commission, committee, or other
body organized and operated by any private organization as defined in Section 54952 from
holding closed sessions to consider (a) matters affecting the national security, or (b) the
appointment, employment, evaluation of performance, or dismissal of an employee or to hear
complaints or charges brought against such employee by another person or employee unless
such employee requests a public hearing. Such body also may exclude from any such public
or closed meeting, during the examination of a witness, any or all other witnesses in the matter
being investigated by the legislative body.
Section 54957 .1 . Public report of employment decisions
The legislative body of any local agency shall publicly report at the public meeting during which
the closed session is held or at its next public meeting any action taken, and any roll call vote
thereon, to appoint, employ, or dismiss a public employee arising out of any closed session of
the legislative body.
14 Section 54957.2. Minute book for closed sessions
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(a) The legislative body of a local agency may by ordinance or resolution, designate a clerk
or other officer or employee of the local agency who shall then attend each closed session of
the legislative body and keep and enter in a minute book a record of topics discussed and
decisions made at the meeting. The minute book made pursuant to this section is not a public
record subject to inspection pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 ), and shall be kept confidential. The
minute book shall be available only to members of ttie legislative body or, if a violation of this
chapter is alleged to have occurred at a closed session, to a court of general jurisdiction where in
the local agency lies. Such minute book may, but need not, consist of a recording of the closed
session.
(b) An elected legislative body of a local agency may require that each legislative body all
or a majority of whose members are appointed by or under the authority of the elected legislative
body keep a minute book as prescribed under subdivision (a).
Section 54957.5. Agenda and other writings as public record
(a) Notwithstanding Section 6255 or any other provision of law, agendas of public meetings
and other writings, when distributed to all, of a majority of all, of the members of a legislative
body of a local agency by a member, officer, employee, or agent of such body for discussion
or consideration at a public meeting of such body, are public records under the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) as soon as
distributed, and shall be made available pursuant to Sections 6253 and 6256. However, this
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section shall not include any writing exempt from public disclosure under Section 6253.5, 6254,
or 6254.7.
(b) Writings which are public records under subdivision (a) and which are distributed prior
to commencement of a public meeting shall be made available for public inspection upon request
prior to commencement of such meeting.
(c) Writings which are public records under subdivision (a) and which are distributed during
a public meeting and prior to commencement of their discussion at such meeting shall be made
available for public inspection prior to commencement of, and during, their discussion at such
meeting.
(d) Writings which are public records under subdivision (a) and which are distributed during
their discussion at a public meeting shall be made available for public inspection immediately or
as soon thereafter as is practicable.
(e) Nothing in this section shall be construed to prevent the legislative body of a local agency
from charging a fee or deposit for a copy of a public record pursuant to Section 6257. The
writings described in subdivisions (b), (c), and (d) are subject to the requirements of the
California Public Records Act (Chapter 3.5 (commencing with Section 6250), Division 7, Title 1 ),
and subdivisions (b), (c), and (d) shall not be construed to exempt from public inspection any
record covered by that act, or to limit the public's right to inspect any record required to be
disclosed by that act.
This section shall not be construed to be applicable to any writings solely because they are
14 properly discussed in a closed session of a legislative body of the local agency. Nothing in this
chapter shall be construed to require a legislative body or a local agency to place any paid
15 advertisement or any other paid notice in any publication.
16 (f) 'Writing" for purposes of this section means "writing" as defined under Section 6252.
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Section 54957.6. Closed sessions regarding employee compensation
(a) Notwithstanding any other provision of law, a legislative body of a local agency may hold
closed sessions with the local agency's designated representatives regarding the salaries, salary
schedules, compensation paid in the form of fringe benefits of its represented and unrepresented
employees. Closed sessions of a legislative body of a local agency, as permitted in this section,
shall be for the purpose of reviewing its position and instructing the local agency's designated
representatives. Closed sessions, as permitted in this section, may take place prior to and during
consultations and discussions with representatives of employee organizations and unrepresented
employees.
For the purposes enumerated in this section, a legislative body of a local agency may also meet
with a state conciliator who has intervened in the proceedings.
(b) In addition to the closed sessions authorized by subdivision (a), the legislative body, as
defined by Sections 54952, 54952.2, 54952.3, and 54952.5, of a public agency, as defined by
subdivision (c) of Section 3501, may hold closed sessions with its designated representatives on
mandatory subjects within the scope of representations of its represented employees, as
determined pursuant to Section 3504.
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Section 54957.7. Statement of reasons for closed session
Prior to or after holding any closed session, the legislative body of the local agency shall state
the general reason or reasons for the closed session, and may cite the statutory authority,
including the specific section and subdivision, or other legal authority under which the session
is being held. In the closed session, the legislative body may consider only those matters
covered in its statement. In the case of special, adjourned, and continued meetings, the
statement shall be made as part of the notice provided for the special, adjourned, or continued
meeting. Nothing in this section shall require or authorize the giving of names or other
information which would constitute an invasion of privacy or otherwise unnecessarily divulge the
particular facts concerning the closed session.
7 Section 54957.9. Conduct of business where meeting willfully interrupted
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In the event that any meeting is willfully interrupted by a group or groups of persons so as to
render the orderly conduct of such meeting unfeasible and order cannot be restored by the
removal of individuals who are willfully interrupting the meeting, the members of the legislative
body conducting the meeting niay order the meeting room cleared and continue in session. Only
matters appearing on the agenda may be considered in such a session. Representatives of the
press or other news media, except those participating in the disturbance, shall be allowed to
attend any session held pursuant to this section. Nothing in this section shall prohibit the
legislative body from establishing a procedure for readmitting an individual or individuals not
responsible for willfully disturbing the orderly conduct of the meeting.
Section 54958. Application of chapter
The provisions of this chapter shall apply to the legislative body of every local agency
15 notwithstanding the conflicting provisions of any other state law.
16 Section 54959.
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Attendance at meeting where action taken in violation of this
chapter a misdemeanor
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Each member of a legislative body who attends a meeting of such legislative body where action
is taken in violation of any provision of this chapter, with knowledge of the fact that the meeting
is in violation thereof, is guilty of a misdemeanor.
20 Section 54960. Action against violation or threatened violation of this chapter
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Any interested person may commence an action by mandamus, injunction or declaratory relief
for the purpose of stopping or preventing violations or threatened violations of this chapter by
members of the legislative body of a local agency or to determine the applicability of this chapter
to actions or threatened future action of the legislative body.
Section 54960.1 . Action to void action of legislative body
(a) Any interested person may commence an action by mandamus or injunction for the
purpose of obtaining a judicial determination that an action taken by a legislative body of a local
agency in violation of Section 54953, 54954.2, or 54956 is null and void under this section.
Nothing in this chapter shall be construed to prevent a legislative body from curing or correcting
an action challenged pursuant to this section.
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(b) Prior to any action being commenced pursuant to subdivision (a), the interested person
shall make a demand of the legislative body to cure or correct the action alleged to have been
taken in violation of Section 54953, 54954.2, or 54956. The demand shall be in writing and
clearly describe the challenged action of the legislative body and nature of the alleged violation.
The written demand shall be made within 30 days from the date the action was taken. Within 30
days of receipt of the demand, the legislative body shall cure or correct the challenged action
and inform the demanding party in writing of its actions to cure or correct or inform the
demanding party in writing of its decision not to cure or correct the challenged action. If the
legislative body takes no action within the 30-day period, the inaction shall be deemed a
decision not to cure or correct the challenged action, and the 15-day period to commence the
action described in subdivision (a) shall commence to run the day after the 30-day period to cure
or correct expires. Within 15 days of receipt of the written notice of the legislative body's
decision to cure or correct, the expiration of the 30-day period to cure or correct, or 75 days from
the date the challenged action was taken, whichever is earlier, the demanding party shall be
required to commence the action pursuant to subdivision (a) or thereafter be barred from
commencing the action.
(c) An action taken shall not be determined to be null and void if any of the following
conditions exist:
(1)
54956.
The action taken was in substantial compliance with Sections 54953, 54954.2 and
13 (2) The action taken was in connection with the sale or issuance of notes, bonds, or
other evidences of indebtedness or any contract, instrument, or agreement thereto.
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(3) The action taken gave rise to a contractual obligation, including a contract let by
15 competitive bid, upon which a party has, in good faith, detrimentally relied.
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(4) The action taken was in connection with the collection of any tax.
(d) During any action seeking a judicial determination pursuant to subdivision (a) if the court
determines, pursuant to a showing by the legislative body that an action alleged to have been
taken in violation of Section 54953, 54954.2, or 54956 has been cured or corrected by a
subsequent action of the legislative body, the action filed pursuant to subdivision (a) shall be
dismissed with prejudice.
(e) The fact that a legislative body takes a subsequent action to cure or correct an action
taken pursuant to this section shall not be construed or admissible as evidence of a violation of
this chapter.
Section 54960.5. Costs and attorneys fees
A court may award court costs and reasonable attorney fees to the plaintiff in an action brought
pursuant to Section 54960 or 54960.1 where it is found that a legislative body of the local
agency has violated this chapter. The costs and fees shall be paid by the local agency and shall
not become a personal liability of any public officer or employee of the local agency.
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A court may award court costs and reasonable attorney fees to a defendant in any action
brought pursuant to Section 54960 or 54960.1 where the defendant has prevailed in a final
determination of such action and the court finds that the action was clearly frivolous and totally
lacking in merit.
Section 54961 . No meeting where discriminatory admission policy
No local agency shall conduct any meeting, conference or other function in any facility that
prohibits the admittance of any person, or persons, on the basis of race, religious creed , color,
national origin, ancestry, or sex. This section shall apply to every local agency as defined in
Section 54951 , 54951 .1 or 54951 . 7.
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