HomeMy WebLinkAbout1988-03-02; Planning Commission; Resolution 2716f -2 li 0 0
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RESOLUTION NO. 2716
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CARLSBAD, CALIFORNIA ADOPT-
ING PLANNING COMMISSION PROCEDURES.
The Planning Commission of the City of Carlsbad hereby
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resolves as follows:
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Sections: 8
Commission Meetings are adopted: 7
The following procedure rules for the conduct of Planning
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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 PLANNING DIRECTOR I
QUORUM
CONDUCT OF BUSINESS
ORDER OF BUSINESS
CALL TO ORDER - PRESIDING OFFICER
ROLL CALL
READIXG 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 PRIVILEGE
PRIVILEGE OF CLOSING DEBATE
CALLING THE QUESTION
PROTEST AGAINST COMMISSION ACTION
PUBLIC HEARINGS - WHEN HELD
PUBLIC HEARINGS - PROCEDURE
PUBLIC HEARINGS - EVIDENCE
PLJBLIC HEARINGS - CONTINUATION
PUBLIC HEARINGS - TERMINATION OF PUBLIC TESTIMONY
PUBLIC HEARINGS - CLOSING
PUBLIC HEARINGS - REOPENING
PUBLIC HEARINGS - DECISION
REQUEST TO ADDRESS THE COMMISSION ON ITEMS OTHER THAN
LISTED PUBLIC HEARING.
ADDRESSING THE COMMISSION - SPOKESMAN FOR GROUP OF
PERSONS.
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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.
ROBERTS RULES OF ORDER,
FAILURE TO OBSERVE PROCEDURES.
55 RALPH M. BRObi ACT.
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1 REGULAR MEETINGS. The Planning Commission shall hold
regular meetings on the first and third Wednesdays of each month at the hour of 6:OO 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 Chairman 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 day not a holiday or such other time as designated by
’ I the Planning 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. 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 Chairman or by four members of the Planning 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 €or 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 Planning Director 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.
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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 reconvened,
Meetings may be adjourned by the Chairman 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 Planning Director shall declare the m.eeting 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 meetins is adjourned the
Planning Director shall post notice of such adjournment on the Council Chamber door within twenty-four hours after the time of
the adjournment.
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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 Chairman,
5 MEETINGS TO BE PUBLIC - EXCEPTIONS. All meetings of the Planning Commission shall be open to the public. Closed
sessions may be held when specifically authorized by law.
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, the Planning Director 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 one of the following conditions exist:
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(1) Upon. a deteraination by a majority vote that an emergency exists.
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(2) Upon a determination by a two-thirds vote that the need to take action arose subsequent to the agenda being posted.
(3) 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 iten
was continued to the meeting at which action is being taken ,
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followed unless the Chairman, with the consent of a majority of '
(c) The order of business established on the agenda shall be I
the Commission, permits a matter to be taken out of the regular 2
4 (d) Every agenda for a regular meeting shall provide an
3 agenda order.
6 This part of the agenda shall be limited to 15 minutes. action shall be taken on any item not appearing on the agenda: 5 Commission on items of interest to the public, provided that no opportunity for members of the public to directly address the
I1 7 CORRESPONDENCE - AVAILABILITY TO THE PUBLIC. 7 (a) Correspondence addressed to the Commission which is received
by the Planning Director or any officer or employee of the City 8 shall not be a matter of public record unless it is received and
at a Commission meeting unless requested by a majority vote of the
meeting of the Commission. Correspondence shall not be read aloud 9 filed by the Commission at a regular, special, or adjourned
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In addition, three additional copies for public inspection at the 12
(b) Sufficient copies of each correspondence shall be provided so 11
Commission.
that each Commissioner and the Planning Director will have a copy.
meeting shall be provided.
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8 CORRESPONDENCE - AUTHORITY OF PLANNING DIRECTOR. (a) The Planning Director is authorized to open and examine all
mail or other written communications addressed to the Planning Commission, except correspondence addressed to individual Planning Commission members, and to give it warranted attention to the end that all administrative business referred to in said communications and not requiring Planning Commission action may be acted upon between Commission meetings provided, that all communications and any action taken pursuant thereto shall be reported to the Planning Commission.
19 1 (b) Correspondence deemed to be of an important or urgent nature may be submitted for Commission consideration at a Planning Commission meeting. 20 I
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9 QUORUM. Four 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 Chairman, Vice Chairman or any member of the Commission shall adjourn such meeting, or if no member of the Commission is present, the Planning Director 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.
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10 CONDUCT OF BUSINESS. The time set for each regular I meeting, each member of the Commission, the Planning Director, Minutes Clerk, City Attorney and such department heads or others as have been 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:
1. Call to Order.
2. Pledge of Allegiance. 3. Roll Call.
4. Comments from the audience on items not listed
5. Continued Items.
6. Public Hearings.
7. Non Public Hearing Items. 8. Planning Commission Additional Business.
9. City Attorney Additional Business.
in the Agenda.
10. Planning Director Additional Business. 11. Approval of Minutes. 1 2 . Adjournment .
Business will be considered in the order shown abovep unless modified as provided for in this Chapter.
12 CALL TO ORDER - PRESIDING OFFICER. The Chairman, or
in his absence the Vice Chairman, shall take the chair at the hour
appointed for the meeting and shall call the Commission to order. In the absence of the Chairman and the Vice Chairman, the Planning Director shall call the Commission to order, whereupon a temporary
presiding officer shall be elected by the Commission Members
present. Upon the arrival of the Chairxan or the Vice Chairman,
the temporary presiding officer shall relinquish the chair at the conclusion of the business then before the Commission. Whenever
the term 'Chairman' is used in these rules, and the chairman is
absent, it shall apply equally to the Vice Chairman, 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 Clerk shall call the roll of the Commission Members and the names of those present shall be entered
in the minutes.
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.
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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 Planning 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 Chairman, the privilege of having an abstract of his Statement on any subject under consid-eration 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. As soon as possible after each meeting, the Minutes Clerk shall furnish a copy of the
minutes to each Commissioner, the City Manager, City Attorney, Planning Director and any other individuals designated by the City Manager.
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17 RECORDINGS OF MEETINGS. (a) The Minutes Clerk may tape record Planning Commission meetings as an aid in the preparation of the minutes. If tape recordings are made, they
shall be retained by the Xinutes Clerk until such time as the
minutes have been approved by the Commission. Upon such approval of the written minutes by the Cornmission, the Minutes Clerk may reuse 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.
(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 City Clerk's Office. 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 City Clerk 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.
25 meeting, or any portion thereof, a request therefore shall be (c) If any person wishes a record of the Planning Commission
26 filed with the City Clerk twenty-four hours prior to the meeting.
If such a request is received, the Minutes Clerk shall make 27 arrangements to make and preserve such a record at the expense of the person making the request. 28 I! PC Reso No. 2716 .6
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If any person desires to have a matter reported by a steno- grapher reporter, he may employ one directly at his expense or request that the City Clerk arrange, also at the requesting
party's expense, for a reporter. Any such request shall be made in writing at least two full working days before the meeting. The City Clerk may require a deposit before making arrangements for
any such record.
18 PRESIDING OFFICER. The Chairman of the Commmission
shall be the Presiding Officer at all meetings of the Planning
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 Commis-sioner 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 deter-mined by rnajority 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 Cornmissioner 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 or to the Planning Director or City Attorney. 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.
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23 POINTS OF ORDER. The Presiding Officer shall
determine all points of order subject to the right of any
Commissioner to request full Cornmission 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 Commis-
sioner 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 Cornmission 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: "1 would
like the minutes to show that I am opposed to this action for the following reasons.. .I'
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 time and place for a public hearing scheduled on the agenda.
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(b) Prior to all Cornmission public hearings copies of the
Commission's agenda with attachments, including the staff report,
if any, shall be available at the Office of the Planning Director
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.
(c) The order of the hearing shall be as follows unless otherwise
required by law:
1. Presentation of Staff Report.
2. Presentation by the Applicant, if any.
3. Questions from the Commission.
4. Testimony of Public.
5. Response of Applicant.
6. Termination of Public Testimony. 7. 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 applicant 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 €or
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 Planning 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 material 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
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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:
1. Exhibits and documents used by the City Staff and any
persons participating in the hearing. 2. 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 .
3. 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.
as view of the site, provided such information, to the extent it is relied upon, shall be disclosed for the
record.
4. Information obtained outside the Council Chambers, such
(c) All exhibits, reports, maps and other physical evidence placed
before the Commission shall be retained by the Secretary of the
Planning Commission as public records. Such exhibits may be released by the Secretary with the approval of the City Attorney. I
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 applicant, 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 Chamber and shall constitute notice to the public of the time and place that further evidence
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will be taken. Notice of the continuance shall be posted on or near the door of the place where the regular meeting was held within 24 hours after the time of the continuance. If the hearing
is continued to a time less than 24 houurs 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 Bearing.
33 PUBLIC HEARINGS - CLOSING, When neither the applicant, 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 a public hearing at any subsequent regular or special meeting of the Commission. No public hearing may be reopened without due and proper notice being given to the applicant and the public designating the time and place of said opening.
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 Planning Director 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.
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(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 HEARING. (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 Planning
Director 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 iten then under discussion.
(d) After a motion has been made no member of the public shall
address the Comnission 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 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 linited to a total presentation period of five minutes. Further time may be granted by majority vote of the Commission.
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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 otherlhall 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 the voting light system installed in the Council Chambers.
designates a 'Yes or Affirmative' vote, and a white light designates a vote to 'Abstain'.
A red light designates a 'No or Negative' vote, a green light
The Commission may at any time, or from time to time,
dispense with the use of the voting light system by voice vote of
the majority. In such event, voting shall be conducted by voice vote until such time as a determination is made to again use the
voting light system, or some other system.
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.
PC Reso No. 2716 .13
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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 quorum and shall be considered absent for the purpose of determining the outcome of any vote on suck 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 tinely 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 Planning Director or City Attorney. No resolution shall be prepared for presentation to the Commission unless requested by a Commissioner, the Chairman, City Manager, City Attorney or prepared by the Planning Director on his initiative.
No resolution shall be presented to the Commission unless its form has been approved by the City Attorney; this approval need not be
indicated on the resolution.
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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 Office shall call
for a second. No further action is required on a motion which
does not receive a second.
(a) When a motion is made and seconded it shall be restated by staff 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.
48 PRECEDENCE OF MOTIONS. (a) When a main motion is be- fore the Commission, no motion shall be entertained except the
following which shall have precedence, one over the other, in the
following order: 1. Adjourn.
2 . Recess.
3. Table. 4. Call for the Question.
5. Limit or extend Debate.
6. Refer to Committee or Staff.
7. Substitute.
8. Amend.
9. Postpone.
10. Minute Motion.
11. Main Motion.
(b) The order of preference in Subsection (a) is subject to the
following restrictions:
1 . 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.
2. A motion shall not be in order when the previous question
has been ordered.
3. A motion shall not be in order while a vote is being
taken.
4. A motion shall not be in order when made as an interrup-
tion of a Commissioner while speaking.
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49 PARTICULAR MOTIONS, PURPOSE AND CRITERIA. The purpose and salient criteria of the motions listed in Section 48 is as follows:
PC Reso No. 2716 .15
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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 the next 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 investi-gating 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.
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~ 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.
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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 event. If the motion
fails, discussion and voting on the main motion shall not
be brought up again until the specified date or event.
Debatable or Amendable. It is debatable but not
amendable.
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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,
approving and accepting reports, determining conformity of proposed public works projects, acquisitions or dispositions of property and the construction of ~ buildings with the adopted general plan 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.
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1 11. Main Motion.
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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 5
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before it shall be made by resolution. When necessary the reso-
lution shall contain appropriate findings and declarations.
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51 RESOLUTIONS - ADOPTION. (a) Where a particular reso-
lutioy has been prepared 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 Officer. Upon request of any
member of the Commission, the resolution shall be read by title or in full.
(b) Where a particular resolution has not been prepared a motion to direct the Planning Director to prepare the document and return
it to the Commission is in order.
(c) Where necessary, a resolution may be presented verbally in
Upon execution of such a resolution, it shall become an official
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(a) No resolution shall be presented to the Commission unless l5
action of the Commission.
approved by the City Attorney. This approval need not be I.6 indicated on the resolution itself.
17 52 CORRECTION OF DOCUMENTS. Upon occasion Resolutions or other documents are submitted in draft form or on the spot l8 amendments occur or typographical or other technical errors are found which necessitate retyping of the document; and such l9
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document .
22 applicable provisions of Federal or State law or the Carlsbad Commission meeting which is not covered by this chapter or 21 53 ROBERT'S RULES OF ORDER. If a matter arises at a
by the latest revised edition of Robert's Rules of Order. 23
Municipal Code the procedures of the Commission shall be governed
54 FAILURE TO OBSERVE PROCEDURES. The provision of these 24 11 Rules are adopted to expedite the transaction of the business of the Cornmission in an orderly fashion and are deemed to be 25 procedural only. The failure to strictly observe such rules shall
action taken at a meeting that is otherwise held in conformity 26 not affect the jurisdiction of the Commission or invalidate any
27 I/ - with law,
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1 55 RALPH M. BROWN ACT. The provisions of the Ralph M. Brown Act are incorporated herein by reference and are attached,
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c; I1 3 PASSED, APPROVED AND ADOPTED by the Planning Commission of
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March, 1988, by the following vote, to wit: 5
the City of Carlsbad at a regular meeting held the 2nd day of
AYES : Chairman McFadden, Commissioners: Marcus, Holmes, 6l Schlehuber, Schramm and Hall.
7 NOES : None.
8 ABSENT : Commissioner McBane.
9 ABSTAIN : None.
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12 CARLSBAD PLANNING COMMISSION
1311 ATTEST:
11 PLANNING DIRECTOR
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c e 3 ECTION 55
ALPH M. BROWN ACT
TABLE OF CONTENTS
Government Code Sections 54950-54961
Section 54950. Declaration of public policy
Section' 54950.5. Title of act
Section 54951. 'Local agency"
Section 54951.1. Public meetings by antipoverty organizations
Section 54951.7. 'Local agency" includes nonprofit corporations of agency
Section 54952. "Legislative body"
Section 54952.2. "Legislative body": committees with
delegated powers
Section 54952.3. "Legislative body" : advisory committees
Section 54952.5. "Legislative body": permanent boards or commissions
Section
Section
Section
Section
Section
Section
Section
Section
54952.6
54952.7.
54953.
54953.1.
54953.3.
54953.5.
54953 . 7.
54954.
Section 54954.1.
Section 54954.2.
"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
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Section 54954.3. Right of public to address legislative body
Section 54955. Adjournment of meetings
Section 54955.1. Continuance of hearing to subsequent meeting
Section 54956. Special meetings
Section 54956.5 Emergency special meetings
Section 54956.6. Fees
Section 54956.7. Licensing applications
’ Section 54956.8 Closed sessions for land negotiations
Section 54956.9 Closed sessions to confer with legal
Section 54957. Closed sessions
Section 54957.1. Public report of employment decisions
Section 54957.2. Minute book for closed sessions
counsel regarding litigation
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Section 54957.5. Agenda and other writings as public
record
Section 54957.6. Closed sessions regarding employee
compensation
Section 54957.7. Statement of reasons for closed session
Section 54957.9. Conduct of business where meeting
willfully interrupted
Section 54958. Application of chapter
Section 54959. Attendance at meeting where action taken
in violation of this chapter a
misdemeanor
Section 54960. Action against violation or threatened
violation of this chapter
Section 54960.1. Action to void action of legislative
body
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Section 54960.5. Costs and attorneys fees
Section 54961. No meeting where discriminatory admission policy
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RALPH M. BROWN ACT
Government Code Sections 54950-54961
(As of January 1, 1987)
Section 54950. 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 sene them. The people, in delegating
n 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 remaining informed so that they may retain control over the
instruments they have created.
Section 54950.5. Title of act
This chapter shall be known as the Ralph M. Brown Act.
Section 54951. "Local agencqi" -
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 meetinas by antipoverty
orqanizations
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) 142 USCS Sections 2701 et seq.].
Section 54951.7. "Local aaency" includes nonprofit
corporations .>f aqency
"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
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and which is formed to acquire, construct, reconstruct, maintain or operate any public work project.
Section 54952. "Leqislative 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 sene 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.
Section 54952.2. "Legislative body": committees with deleqated 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. "Leqislative body": advisory committees
As used in this chapter "legi-slative 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 boCy or ..
menber 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 meetinys, 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.
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The provisions of Sections 54954, 54955, 54955.1, and 54956 shall not apply to meetings under this section.
Section 54952.5. "Leqislative 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.
Section 54952.6 "Action taken"
~~
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 nay 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.
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 t3 prohibit the members of the legislative body of a local agency from giving testimony in private before a grand jury,
either as individufls or as a body.
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Section 54953.3. Reqistration not required for public attendance at meetinq
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. Recordinq proceedinqs
Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings 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 holdinq reaular meetinqs
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
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the next business day. If , by reason of fire, flood,
earthquake or other emergency, it shall be unsafe to meet in the place designated, the meeting may be held for the duration of the emergency at such place as is designated by 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 required 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 filed
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. Aqenda 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:
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(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
for a prior meeting of more than five calendar
taken on the item, and continued to the meeting
posted pursuant to subdivision (a)
the legislative body occurring not
days prior to the date action is at the prior meeting the item was
at which action is being taken.
Section 54954.3. Right of public to address legislative
body
(a) Every agenda for regular meetings shall provide an
opportunity for members of the public to directly addA ress 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 subdLvision (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 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 speaker.
Section 54955. Adjournment of meetinqs
The legislative body of a local agency may ajourn 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
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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 hearinq to subsequent meetinq
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 recontinued
to any subsequent meeting & 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 meetinqs
A special meeting may be called at any time by the presieing 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 news2aper 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 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
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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"specia1 meeting in a location that is freely
.,- accessible to members of the public.
Section 54956.5 Emerqency special meetinqs
In the case of an emergency situation involving 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 legislative 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, and 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.
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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 10 days in a public place as soon after the meeting as possible a
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. Licensinq 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 matters 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 neqotiations
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,
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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 asency from
holding a closed session for discussions regarding eminent
domain proceedings pursuant to Section 54956.9.
Section 54956.9. Closed se ssions to confer with leqal
counsel regardinq litiqation
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:
(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 agenzy is meeting only to
decide whether a closed session is authorized pursuant to paragraph (1) of this subdivision.
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(e) 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 memorandm 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 disclosuie pursuant to Section 6254.1. -
For purposes of this section, "litigation" incluc3es any
court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.
Section 54957. Closed sessions
Nothing contained in this chapter shall be const:rued 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 hy
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.
adjudicatory proceeding, including eminent domain, before a .-
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For the purposes of this section, the term "employee" shall
not include any person elected to office, or appointed to an
office by the legislative body of a local agency: provided,
however, that nonelective 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, chief 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) rnatters
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.
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 I), and shall be kept confidential. The minute book shall be
available only to members of the legislative body or, if a
violation of this chapter is alleged to have occurred at a closed session, to a court of general jurisdiction wherein
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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- Aqenda and other writinqs as public record -
(a) Notwithstanding Section 6255 or any other provision of
law, agendas of public meetings and other writings, when distributed to all, or 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 section shall not include any writing exempt from public disclosure under
Section 6253.5, 6254;or 6254.7.
(b) Writings which are publkc 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 I), 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.
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This section shall not be construed to be applicable to any writings solely because they are 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 advertisement or any other paid notice in any publication.
(f) "Writing" for purposes of this section means "writing"
as defined under Section 6252.
Section 54957.6. Closed sessions regardinq 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.
Section 549'57.7. 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 mattefs 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
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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.
Section 54957.9. Conduct of business where meeting
willfully interrupted
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 may 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 Ehapter shall apply to the
legislative body of every local agency notwithstanding the
conflicting provisions of any other state law. ..
Section 54959. Attendance at meetinq where action taken in violation of this chapter a misdemeanor
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.
Section 54960. Action aqainst violation or threatened
violation of this chapter
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.
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Section 54960.1. Action to void action of leqislative 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.
(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 front 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) The action taken was in substantial compliance
with Sections 54953, 54954.2, and 54956.
(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 mmpetitive bid, upon which a party has, in good faith, detrimentally relied.
(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.
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.meetinq 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.
(WPBRWN.87)
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