HomeMy WebLinkAbout1989-07-19; Planning Commission; Resolution 2904:' '. . II 0 0
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PLANNING COMMISSION RESOLUTION NO. 2904
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING PLANNING COMMISSION PROCEDURES.
The Planning Commission of the City of Carlsbz
resolves as follows:
, The following procedure rules for the conduct of
Commission Meetings are adopted:
Sections:
1 REGULAR MEETINGS
2 SPECIAL MEETINGS
3 ADJOURNED MEETINGS
4 STUDY SESSIONS
5 MEETINGS TO BE PUBLIC - EXCEPTIONS
6 COMMISSION AGENDA
7 CORRESPONDENCE - AVAILABILITY TO THE PUBLIC a CORRESPONDENCE - AUTHORITY OF PLANNING DIRECTC
9 QUORUM
10 CONDUCT OF BUSINESS
11 ORDER OF BUSINESS
12 CALL TO ORDER - PRESIDING OFFICER
13 ROLL CALL
14 READING OF MINUTES
15 MINUTES
16 DISTRIBUTION OF MINUTES
17 RECORDINGS OF MEETINGS
18 PRESIDING OFFICER
19 POWERS AND DUTIES OF PRESIDING OFFICER
20 GAINING THE FLOOR
21 QUESTIONS TO THE STAFF
22 INTERRUPTIONS
23 POINTS OF ORDER
24 POINT OF PERSONAL PRIVILEGE
25 PRIVILEGE OF CLOSING DEBATE
26 CALLING THE QUESTION
27 PROTEST AGAINST COMMISSION ACTION
28 PUBLIC HEARINGS - WHEN HELD
29 PUBLIC HEARINGS - PROCEDURE
30 PUBLIC HEARINGS - EVIDENCE
31 PUBLIC HEARINGS - CONTINUATION
32 PUBLIC HEARINGS - TERMINATION OF PUBLIC TESTIM
33 PUBLIC HEARINGS - CLOSING
34 PUBLIC HEARINGS - REOPENING
35 PUBLIC HEARINGS - DECISION
36 REQUEST TO ADDRESS THE COMMISSION ON ITEMS 0
37 ADDRESSING THE COMMISSION - SPOKESMAN FOR
LISTED PUBLIC HEARING.
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 REGOLUTIONG.
MOTIONS. PRECEDENCE OF MOTIONS.
PARTICULAR MOTIONS, PURPOSE AND CRITERIA.
RESOLUTIONS. RESOLUTIONS - ADOPTION.
CORRECTION OF DOCUMENTS. ROBERTS RULES OF ORDER. FAILURE TO OBSERVE PROCEDURES.
RALPH M. BROWN ACT.
10 1 REGULAR MEETINGS. The Planning Commission s
regular meetings on the first and third Wednesdays of e
11 at the hour of 6:OO PM, in the Council Chambers at the C
1200 Elm Avenue, Carlsbad, or such other place to which
12 is adjourned. If by reason of fire, flood or other emer
shall be unsafe to meet in the Council Chambers, the mee
13 be held for the duration of the emergency at such other
is designated by the Chairman of the Commission, or if
14 fail to act, by a majority of the quorum of the Commissi the day for any regular meeting falls on a legal holi
15 meeting shall be held at the same hour and place on succeeding day not a holiday or such other time as desi
16 the Planning Commission. At least 72 hours before i meeting, the agenda of the meeting shall be posted in a
17 that is freely accessible to members of the public. shall be taken on any item not appearing on the agenda.
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19 time by the Chairman or by four members of the Planning C by delivering personally or by mail written notice
20 Commissioner and to each local newspaper of general cir radio or television station having filed written request
21 notice. Such notice must be delivered personally or b
least twenty-four hours before the time of such mf
22 specified in the notice. The call and notice shall SI
time and place of the special meeting and the businc
23 transacted. No other business shall be considered
meetings. Such written notice may be dispensed with
24 Commissioner who at or prior to the time the meeting convc
with the Planning Director a written waiver of notice. Si
25 may be given by telegram. Such written notice mal dispensed with as to any Commissioner who is actually I
26 the meeting at the time it convenes. Notice of the speci'
shall be posted at least 24 hours prior to the meei
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2 SPECIAL MEETINGS. Special meetings may be cal:
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location that is freely accessible to members of the pub1
3 ADJOURNED MEETINGS. All meetings may be adjc
a time, place and date certain, but not beyond the next
meeting. Once adjourned, the meeting may not be rec
Meetings may be adjourned by the Chairman by a simple dec
thereof in the absence of a protest by any Commissioner.
may also be adjourned upon the making and seconding 0: motion in accordance with the procedures on motions establ the procedures. If a quorum is not present, less than a q~
so adjourn a meeting. If all members of the Commission arc the Planning Director shall declare the meeting adjourl stated time and place and shall cause a written noticc adjournment to be given in the same manner as provided in
2 for special meetings. When any meeting is adjourned the Director shall post notice of such adjournment on the
Chamber door within twenty-four hours after the time
ad j ournment .
4 STUDY SESSIONS. The Commission may from time adjourn to meet in study sessions. The purpose of such
shall be for hearing reports from the staff and re discussing and debating matters of interest to the Ci
official action shall be taken at a study session
participation of the public in such session shall be subjec
discretion of the Chairman.
5 MEETINGS TO BE PUBLIC - EXCEPTIONS. All meetinc, Planning Commission shall be open to the public. Closed may be held when specifically authorized by law.
6 COMMISSION AGENDA. (a) In order to facili-
orderly conduct of the business of the Commission, an agen be prepared for each regular meeting containing the specif of business to be transacted and the order thereof.
business may be placed on the agenda by the direction of of the Commission, the Planning Director or the City At,
recommendation and the specific action requested to be take Commission. At least 72 hours before a regular meeting, th
of the meeting shall be posted in a location that i: accessible to members of the public.
(b) No action shall be taken on any item not appearin5 posted agenda unless one of the following conditions exis,
(1) Upon a determination by a majority vote that an e:
Whenever feasible, each item on the agenda shall contain
exists.
(2) Upon a determination by a two-thirds vote that to take action arose subsequent to the agenc
posted.
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(3) The item was posted for a prior meeting occur more than five calendar days prior to the date a
taken on the item, and at the prior meeting the continued to the meeting at which action is beir
(c) The order of business established on the agenda :
followed unless the Chairman, with the consent of a majoril
Commission, permits a matter to be taken out of the regula
order.
(d) Every agenda for a regular meeting shall provide an opp
for members of the public to directly address the Commi
items of interest to the public, provided that no action
agenda shall be limited to 15 minutes.
taken on any item not appearing on the agenda: this par'
7 CORRESPONDENCE - AVAILABILITY TO THE PUBLIC. (a) Correspondence addressed to the Commission which is
by the Planning Director or any officer or employee of shall not be a matter of public record unless it is rece filed by the Commission at a regular, special, or adjournec of the Commission. Correspondence shall not be read a18 Commission meeting unless requested by a majority vote Commission.
(b) Sufficient copies of each correspondence shall be prc that each Commissioner and the Planning Director will havc In addition, three additional copies for public inspectic meeting shall be provided.
8 CORRESPONDENCE - AUTHORITY OF PLANNING DIRECTC (a) The Planning Director is authorized to open and exa mail or other written communications addressed to the Commission, except correspondence addressed to individual Commission members, and to give it warranted attention tc that all administrative business referred to in said commur and not requiring Planning Commission action may be ac between Commission meetings provided, that all communicat any action taken pursuant thereto shall be reported to the Commission.
(b) Correspondence deemed to be of an important or urger may be submitted for Commission consideration at a
Commission meeting.
9 QUORUM. Four members of the Commission shall cc
a quorum for the transaction of business. Less than a qt
adjourn from time to time. Where there is no quorum, the C
Vice Chairman or any member of the Commission shall adjc
Director shall adjourn the meeting. For the purpose of cor
any item subject to vote of the Commission, when a membc Commission is disqualified due to a conflict of inter
meeting, or if no member of the Commission is present, the
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presence shall not be considered in determining the prese quorum. Consideration on such item shall be deferred quorum of non-interested Commissioners are present to dis vote on them if a disqualification reduces those in atten less than a quorum.
10 CONDUCT OF BUSINESS. The time set for each
meeting, each member of the Commission, the Planning D Minutes Clerk, City Attorney and such department heads o as have been requested to be present shall take their
places in the Council Chambers. The business of the co
shall be conducted in substantially the order and in th,
herein provided.
11 ORDER OF BUSINESS. The business of the Commissi be taken up for consideration and disposition in the f order:
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Call to Order Pledge of Allegiance. Roll Call. Comments from the audience on items not 1 the Agenda. Continued Items. Public Hearings. Non Public Hearing Items. Planning Commission Additional Business.
City Attorney Additional Business. Planning Director Additional Business.
Approval of Minutes.
Ad j ournment .
Business will be considered in the order shown above, modified as provided for in this Chapter.
12 CALL TO ORDER - PRESIDING OFFICER. The Chairma his absence the Vice Chairman, shall take the chair at appointed for the meeting and shall call the Commission t In the absence of the Chairman and the Vice Chairman, the Director shall call the Commission to order, whereupon a t presiding officer shall be elected by the Commission present. Upon the arrival of the Chairman or the Vice C
the temporary presiding officer shall relinquish the chai
conclusion of the business then before the Commission. the term 'Chairmant is used in these rules, and the Cha
absent, it shall apply equally to the Vice Chairman, and
also absent, to the presiding officer elected pursuant
section.
13 ROLL CALL. Before proceeding with the busines
Commission, the Minutes Clerk shall call the roll of the Co
Members and the names of those present shall be enterec
minutes.
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14 READING OF THE MINUTES. Unless the readinl minutes of a meeting is requested by a member of the cox the minutes may be approved without reading if each membc Commission has previously been furnished with a copy the]
15 MINUTES. The minutes of the Commission shall
by the Minutes Clerk and shall be neatly typewritten and
on file in the Planning Department, with a record
particular type of business transacted set off in paragra]
proper subheads; provided that the Minutes Clerk shall be to make a record only of such business as was actually pa! by a vote of the Commission and shall not be required t
verbatimtranscript of the proceedings, and provided, furt: a record shall be made of the names and addresses of addressing the Commission, the title of the subject matter
their remarks related and whether they spoke in support
opposition to such matter.
A Commissioner may request, through the Chain privilege of having an abstract of his statement on an1 under consideration by the Commission entered in the mini
there is no objection from any member of the Commissi
statement shall be entered in the minutes.
16 DISTRIBUTION OF MINUTES. A copy of the minutc
meeting shall be furnished to each Commissioner prio~
subsequent meeting. Copies shall also be provided to Manager, City Attorney, Planning Director and any other inc designated by the City Manager.
17 RECORDINGS OF MEETINGS. (a) The Minutes Clerk record Planning Commission meetings as an aid in the prc of the minutes. If tape recordings are made, they retained by the Minutes Clerk until such time as the mini been approved by the Commission. Upon such approval of th, minutes by the Commission, the Minutes Clerk may reuse such tape recordings unless specifically requested
Commission or the City Attorney to retain such tapes at
the minutes are approved.
(b) While the Minutes Clerk has the tape recordings
Commission meetings during office hours when it I
inconvenience the ordinary operation of the Planning De] Brief or shorthand notes may be made; mechanical recordin made from said tapes; and in this connection, the Minutes further authorized to allow the recording machine to be us public for listening purposes when such machine is not : for use by the Planning Department in the ordinary functi office. The provisions of this section shall be adm according to the provisions of Section 1.20.170 of the Municipal Code.
possession, members of the public may hear tape recordinc
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(c) If any person wishes a record of the Planning co
with the Planning Department twenty-four hours prior
meeting. If such a request is received, the Minutes Cle
make arrangements to make and preserve such a record at the
of the person making the request.
meeting-, or any portion thereof, a request therefore shall
If any person desires to have a matter report( stenographer reporter, he may employ one directly at his or request that the City Clerk arrange, also at the re
party's expense, for a reporter. Any such request shall in writing at least two full working days before the meeti City Clerk may require a deposit before making arrangements such record.
18 PRESIDING OFFICER. The Chairman of the Commissi
be the Presiding Officer at all meetings of the Commission.
19 POWERS AND DUTIES OF PREGIDING OFFICER. The P Officer may move, second, debate, and vote from the Chi shall not be deprived of any of the rights and privileg
Commissioner by reason of his acting as Presiding Office
Presiding Officer or such person as he may designate may 7 restate each question immediately prior to calling for t€ Following the vote the Presiding Officer shall announce whe question carried or was defeated. The Presiding Officer ! responsible for the maintenance of order and decorum
meetings. He shall decide all questions of order and pi
subject, however, to an appeal to the Commission in which t
matter shall be determined by majority vote of the Commissi Presiding Officer shall sign all resolutions, and other dc necessitating his signature which were adopted in his 1 unless he is unavailable in which case an alternate P:
Officer may sign such documents.
20 GAINING THE FLOOR. Every Commissioner desiring 1 shall first address the Chair, gain recognition by the PI Officer, and shall confine himself to the question under avoiding reference to character and indecorous language.
21 OUESTIONS TO THE STAFF. Every Commission desiring to question the City Staff shall, after recognitio Presiding Officer, address his question to the appropriat member or to the Planning Director or City Attorney. QI shall be limited to inquiries relevant to the item.
22 INTERRUPTIONS. A Commissioner once recognized SI be interrupted when speaking unless called to order Presiding Officer, or unless a point of order or personal pr is raised by another Commissioner, or unless the speaker
to yield to a question by another Commission Member. Commissioner while speaking is called to order he shal
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speaking until the question of order is determined determined to be in order, he may proceed. Members of Staff, after recognition by the Presiding Officer, shall floor until completion of their remarks or until recogn
withdrawn by the Presiding Officer.
23 POINTS OF ORDER. The Presiding Officer shall d all points of order subject to the right of any Commiss
request full Commission ruling and the question shall be
the decision of the Presiding Officer be sustained?Il A
vote shall conclusively determine such question of order.
24 POINT OF PERSONAL PRIVILEGE. The rig1 7 Commissioner to address the Commission on a question of
privilege shall be limited to cases in which his in
Commission is concerned. A Commissioner raising a 1
9 personal privilege may interrupt another Commissioner whc floor only if the Presiding Officer recognizes the privil
10 25 PRIVILEGE OF CLOSING DEBATE. Subject to the F
11 of Section 26, the Commissioner moving the adoption of a re or motion shall have the privilege of closing debate, su
12 a Commission majority ruling that debate should continue.
13 26 CALLING THE OUESTION. A member of the Commis wishes to terminate discussion of a motion may call
14 question. If the call is seconded, the Presiding Officer s for a vote. If the call carries, the Commission shall t
15 on the motion without further discussion.
8 character or motives are questioned or where the welfari
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27 PROTEST AGAINST COMMISSION ACTION. Any Corn
his protest against any action of the Commission enterel
minutes. Such dissent or protest to be entered in the
shall be made in substantially the following manner: IrI wc the minutes to show that I am opposed to this action following reasons. . . If
shall have the right to have the reasons for his dissent
28 PUBLIC HEARINGS - WHEN HELD. (a) Wherever by Commission is required to hold a public hearing on an before it, such hearing will be held in accordance with t and procedures set forth in these rules. Nothing here prohibit or limit the Commission from holding a public he the matter before it, whether required by law or not, herein shall prohibit or limit any member of the pub addressing the Commission in accordance with the pr
provided for in these rules irrespective of whether or not
hearing is held.
(b) All public hearings shall be scheduled to begin ai certain which shall be the hour the Commission convent Commission shall hold such hearings in order, in accorda
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the schedule on the agenda at that time or as soon there
1 practicable.
2 29 PUBLIC HEARINGS - PROCEDURE. (a) The Presidin? shall announce that it is the time and place for a public
3 scheduled on the agenda.
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(b) Prior to all Commission public hearings copies Commission's agenda with attachments, including the stafl
at least twenty-four hours prior to commencement of the provided however, the Commission may allow in its discre
filing of supplemental reports which shall be made publi
commencement of the hearing. Any writing presented
Commission which has not previously been made available fc
inspection, shall be made available as soon after the me
practicable.
if any, shall be available at the Office of the Planning
9 (c) The order of the hearing shall be as follows unless c
10 required by law:
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Presentation of Staff Report.
Presentation, if any, by the Applicant (limit
minutes or at the discretion of the Presiding (
Questions from the Commission.
Testimony of Public.
Response of Applicant.
Discussion by Commission - Further Questions oj Termination of Public Testimony.
(d) The Commissioners should raise issues or concerns dl
course of a public hearing so that the applicant or the pi
an opportunity to address those issues. If a proposed (
is discussed for the first time after the public hearing i;
the Presiding Officer shall allow sufficient time to the i
to address the change or addition. Members of the generi
shall also be allowed to address the change or addition if
impacted by the proposed condition.
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Commission shall apply to persons testifying at public (e) The provisions of Section 36 and Section 37 for addre
applicable to the hearing.
a fair hearing, set longer time limits than otherwisl 23
ensuring adequate presentation of testimony and evidence t
(f) The Presiding Officer may, dependent upon the nece: 22
except that a written request to speak shall not be requ.
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30 PUBLIC HEARINGS - EVIDENCE. (a) During tl
hearing the Commission shall receive oral or written
relevant to the matter being considered which shall becom
the record. The Presiding Officer or any member of the C8
through the Presiding Officer may require any membe~
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Planning Commission to swear any person giving evidence at
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in this Resolution shall be relevant and materials to th
is necessary. Evidence received at public hearings prov 2
of the Presiding Officer or any member of the Commission,
of the hearing on the matter under consideration, if in thc
3 before the Commission; provided, however, that the 1 evidence as established by the Evidence Code for the
4 California shall be substantially relaxed in order to affo: presentation of the facts essential for judicious considel
5 the Commission of the matter which is the subject of th
hearing. Failure on the part of the Commission to strict11
6 rules of evidence or to reject matters which may be irrel
immaterial shall not affect the validity of the hearil 7 procedural errors which do not affect the substantial righ parties shall be disregarded. Any person, other than a n
8 the Commission, who wishes to direct question(s) to an witness shall submit such question(s) to the Presiding Of1
9 will ask the question(s) to the witness. The Presiding Of: at his discretion restrict the number and nature of any c
10 asked pursuant to this section.
11 (b) If there is a Staff Report it shall be considered as and shall become a part of the record of a public hearir
12 report need not be read in full as part of the Staff pres(
A synopsis of such report may be presented orally by staf:
13 to the Commission. In addition, any of the followinc presented to the Commission and, if presented, shall als
14 part of the record:
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1. Exhibits and documents used by the City Staff
2. Maps and displays presented for use at the persons participating in the hearing.
provided that, whenever practicable, they displayed in full view of the participants audience.
3. All communications and petitions concerning thc matter of the hearing provided that a readinc matters only shall be had at the reque:
Commissioner.
4. Information obtained outside the Council Chamb
as view of the site, provided such infomatioi
extent it is relied upon, shall be disclosed
record.
22 (c) All exhibits, reports, maps and other physical eviden
23 before the Commission shall be retained by the Secreta]
released by the Secretary with the approval of the City 24
Planning commission as public records. Such exhibit
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31 PUBLIC HEARINGS - CONTINUATION. At any timc
appears to the Presiding Officer or a majority of the C
through the Presiding Officer, that inadequate evidence
presented to afford judicious consideration of any matt
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the Commission at the time of a public hearing, or for ot
cause, a continuation of said hearing may be ordered to af
applicant, the public, or the City Staff adequate time to
additional evidence for the Commission's consideratio~
continuation ordered by the Commission through its I:
Officer shall be to a date certain, which said date :
publicly announced in the Council Chambers and shall cc notice to the public of the time and place that further
will be taken. No further notice is necessary. If the he
continued to a time less than 72 hours after the time spec the notice of hearing, a copy of the notice of contin hearing shall be posted immediately following the meeting the order of continuance was made. The public annoc provided for herein shall constitute notice to the appli
the public of time and place when further evidence will
by the Commission. The Commission shall also have the c
set the matter to a new hearing.
9 32 PUBLIC HEARINGS - TERMINATION OF PUBLIC TESTIMO:
10 the public has no further evidence to present, when in thc of the Presiding Officer no new public evidence is being 1
11 or when in the opinion of Presiding Officer the evi
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Public Hearing. testimony. Termination of the public testimony does not ( 12
sufficient the Presiding Officer may terminate the
matter which is the subject of the public hearing. 18
that good cause exists to hear further evidence concel
of the Commission through the Presiding Officer where il 17
this rule may be relaxed by the Presiding Officer or the
written will be accepted by the Commission; provided, howe 16
hearing closed, at which time no further evidence eithe~ has been presented, the Presiding Officer shall order tl 15
when in the opinion of the Presiding Officer sufficient the public, or the City staff have further evidence to PI 14
33 PUBLIC HEARINGS - CLOSING. When neither the a]
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34 PUBLIC HEARINGS = REOPENING. A public hearii matter once closed cannot be reopened on the date set fo
unless the Presiding Officer determines that all persons present when the hearing closed are still present. Nothin however, is intended to prevent or prohibit the reopeni:
Commission. No public hearing may be reopened without proper notice being given to the applicant and th
designating the time and place of said opening.
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24 procedures. The Commission shall then act upon the il consider all evidence properly before them in accordance ~n
documents necessary to effect the decision including fi Commission may instruct the Planning Director to return 25
35 PUBLIC HEARINGS - DECISION. (a) The Commiss
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may be appropriate to the matter. Upon return of such dc the Commission shall determine if the findings are support evidence before them at the hearing and if the dec supported by the findings and after making any changes rent decision by taking action on the documents. The Corm decision is not final until adoption of the documents.
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can represent that he has a full understanding of the ma' 6
of the oral testimony, if a recording is made, or the min he has examined all the evidence including listening to a : 5
hearing shall not participate in a decision on the mattt (b) A Commissioner who was absent from all or a part of
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36 REQUEST TO ADDRESS THE COMMISSION ON ITEMS Or
LISTED PUBLIC HEARINGS. (a) It is the policy of the Ci to permit limited presentations by members of the public
absence of objection by a majority of the Commissioners decline to permit such presentations on any particular n
public hearing agenda items. The Presiding Officer ma
~ hearing item.
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in advance of the Commission's consideration of the it Director a written request for permission to address the C 12
Commission on a nonhearing matter must file with the (b) Any person or group of persons desiring to add
13 Presiding Officer may grant consent to address.
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(c) Each person desiring to address the Commission shall the podium, state his name and address for the record, subject he wishes to discuss, state whom he is represent represents an organization or other persons, and unlesr time is granted by majority vote of the Commission, shall remarks to five minutes. All remarks shall be address Commission as a whole and not to any one member ther
Staff without obtaining permission of the Presiding offi
Presiding Officer shall not permit any communication,
written, to be made or read where it does not bear direct
agenda item then under discussion.
(d) After a motion has been made no member of the pub
address the Commission from the audience on the mati consideration without first securing permission to do majority vote of the Commission.
questions shall be asked of a Commissioner or a member of
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(e) No person shall address the Commission without first the permission of the Presiding Officer.
37 ADDRESSING THE COMMISSION - SPOKESMAN FOR
PERSONS. (a) In order to expedite matters and repetitious presentations, whenever any group of persons
address the Commission on the same subject matter, it proper for the Presiding Officer to require that a spc 1 PC RES0 NO. 2904 -12-
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chosen from the group to address the Commission. If ac
matters are to be presented by any other members of the c
Presiding Officer may limit the number of such persons z
the presentation to information not already presented by * spokesman.
(b) For items other than those set for public hearing, (
persons shall be limited to a total presentation period
minutes. Further time may be granted by majority vot
commission.
38 DECORUM AND ORDER - COMMISSION AND CITY STAFl
shall observe good order and decorum. A member shall nc
conversation or otherwise delay or interrupt the proceedir peace of the Commission nor disturb any member while spc refuse to obey the directives of the Presiding Officer.
the Commission is in session, the Commissioners and Cj
39 DECORUM AND ORDER - AUDIENCE - Members of tl
attending Commission meetings shall observe the same rules and decorum applicable to the Commissioners and City St; person making impertinent and slanderous remarks or whc boisterous while addressing the Commission or while atte
Commissionls meeting shall be removed from the roon
Sergeant-at-Arms is so directed by the Presiding Officer,
person may be barred from further audience before the Co
Unauthorized remarks fromthe audience, stamping of feet,
yells, and similar demonstrations shall not be permittt
Presiding Officer, and if such conduct continues, he sha the Sergeant-at-Arms to remove such offenders from the r
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other person as he may designate shall be Sergeant-at-Ar
40 ENFORCEMENT OF DECORUM. (a) The Police Chie
Commission. The Sergeant-at-Arms shall be available on basis for regular and adjourned meetings.
18 (b) Any member of the Commission or other person usin
19 profane, loud or boisterous language at any meeting or interrupting the proceedings of the Commission, or who I
20 carry out orders and instructions given by the Presidin for the purpose of maintaining order and decorum at the C
21 meeting, or who interrupts proceedings, shall upon conv
deemed guilty of a misdemeanor.
22
41 VOTING PROCEDURES. Voting shall be conducted 1
23 of the voting light system installed in the Council Cha
red light designates a 'No or Negative' vote, a grl
24 designates a IYes or Affirmative' vote, and a whi
designates a vote to 1Abstainf.
25 The Commission may at any time, or from time to time,
26 with the use of the voting light system by voice vol majority. In such event, voting shall be conducted by T
27 2811 PC RES0 NO. 2904 -13-
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until such time as a determination is made to again use tk 1 light system, or some other system.
2 When the Commission is voting by voice vote, a negat
shall be registered by the oral statement of 'NO' by the Cc
statement of 'YES' or 'AYE' by the Commissioner voting. 3 Member voting. Affirmative vote shall be registered by
4 42 DISOUALIFICATION FOR CONFLICT OF INTEREST
5 he shall give the facts of the matter to the City Attc Commissioner has reason to think a conflict of interest m;
6 request advice thereon prior to the meeting.
7
8
9
10
11
12
17
Any Commissioner who is disqualified from voti: particular matter by reason of a conflict of intere publicly state or have the Presiding Officer state the I such disqualification in the open Commission meetj
Commissioner who is disqualified by reason of a con
interest in any matter shall remove himself from the chamb the debate and not vote or otherwise participate on sucl or may request and be given the permission of the Presidin to step down from the Commission seat and leave the chz
Commissioner stating such disqualification shall not be c
a part of a quorum and shall be considered absent for thi
of determining the outcome of any vote on such matter.
~ 1J
14 disqualified by reason of conflict of interest. A Commiss
decide the question voted upon. 15
abstains from voting acknowledges that a majority of the q
43 FAILURE TO VOTE. Every Commissioner should vo
16
17
18
19
44 CHANGING VOTE. A Commissioner may change his
if a timely request to do so is made immediately follc announcement of the vote by the Presiding Officer and pri time the next item in the order of business is take] Commissioner who publicly announces that he is abstail voting on a particular matter shall not subsequently be a withdraw his abstention. 1
20
21
22
23
24
25
26
27
28
45 RECONSIDERATION. (a) A motion to reconsider a
taken by the Commission may be made only at the meeting sc was taken. It may be made either immediately during session, or at a recessed or adjourned sessions therec
the prevailing side. Nothing herein shall be construed t
any Commissioner from making or remaking the same or
motion at a subsequent meeting of the Commission.
motion may be made only by one of the Commissioners who \i
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~ PC RES0 NO. 2904 -14-
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1
2
3
4
5
6
7
(b) A motion to rescind, repeal, cancel or otherwise null: Commission action shall be in order at any subsequent me
prospectively and not retroactively and shall not opl adversely affect individual rights which may have veste interim.
the Commission, The effect of such action shall
46 PREPARATION OF RESOLUTIONS. All resolutions prepared by the Planning Director or City Attorney. No rt shall be prepared for presentation to the Commissio! requested by a Commissioner, the Chairman, City Manag Attorney or prepared by the Planning Director on his in: No resolution shall be presented to the Commission unless has been approved by the City Attorney; this approval nec indicated on the resolution.
8
9
10
13.
12
47. MOTIONS. (a) A motion is the formal stater proposal or question to the Commission for considera
action. Every Commissioner has the right to present a ml
motion is generally considered in the nature of dire
resolution is specifically called for by law or unless some reason for desiring the particular action forma separate instrument.
instruction, however, a motion will generally suffice
13 Presiding Officer may divide the same. (b) If the motion contains two or more divisible proposit
14
the maker without the consent of the second. 19
(e) A motion once before the Commission, may not be wit 18
Presiding Officer should restate the motion before a vot staff before a vote. After extensive discussion on a m 17
(d) When a motion is made and seconded it shall be re 16
not receive a second. for a second. No further action is required on a motion w 15
(c) If a motion is properly made the Presiding Officer s
I
20
21
22
23
24
25
26
27
48 PRECEDENCE OF MOTIONS. (a) When a main '
before the Commission, no motion shall be entertained e
following which shall have precedence, one over the othe
following order:
1. Ad j ourn .
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.
28 PC RES0 NO. 2904 -15-
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2
3
4
5
6
7
8
9
10
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12
13
14 I
10. Minute Motion.
11. Main Motion.
(b) The order of preference in Subsection (a) is subjec allowing restrictions.
1. A motion shall not be in order which repeats
made previously at the same meeting unless there
some intervening Commission action or discussil
2. A motion shall not be in order when the previous
has been ordered.
3. A motion shall not be in order while a vote taken.
4. A motion shall not be in order when mad
interruption of a Commissioner while speaking.
49 PARTICULAR MOTIONS, PURPOSE AND CRITERIA. Th
and salient criteria of the motions listed in Section follows:
1. Motion to Adjourn.
PurDose. To Terminate a Meeting.
i
15
16
17
18
19 I
20
21
22
Debatable or amendable. No, except a motion to a another time is debatable and amendable as to the which the meeting is to be adjourned.
I 2. Motion to Recess.
PurDose, To permit an interlude in the meeting and definite time for continuing the meeting.
Debatable or Amendable. Yes, but restricted as t
duration of recess.
3. Motion to Table.
Purpose. To set aside, on a temporary basis, a per motion provided that it may be taken up a consideration during the current meeting or at so regular meeting.
Debatable or Amendable. It is debatable but not ar
23 I/ 4. Motion to Call for the Question.
24
25
Pumose. To prevent or stop discussion on th
question or questions and to bring such question or
to vote immediately, If the motion passes, a votc
I taken on the pending motion or motions.
26 Debatable or Amendable. No.
27
PC RES0 NO. 2904 -16- 28
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1 5. Motion to limit or extend debate.
2
3
4
5
Purpose. To limit or determine the time that will be
to discussion of a pending motion or to extend 01
limitations already imposed on its discussion.
Debatable or Amendable. Not debatable: amendmc
restricted to period of time of the proposed 1
extension.
6 I/ 6. Motion to Refer to Committee or Staff.
7
8
9
Purpose. To refer the question before the Commiss
Committee or to the City staff for the pur
investigating or studying the proposal and to make
back to the Commission. If the motion fails, discc vote on the question resumes.
10
related to the subject of the original motion. 13
Purpose. To strike out one main motion and inserl 12
7. Substitute Motion. 11
Debatable or Amendable. Yes.
main motion in its place which may be done so long
14
15
16
17
Debatable or Amendable. The substitute motion is lef
on until Commissioners have the opportunity to pe main motion by amendments if desired. The substitu
is debatable and subject to amendment. After amendn
been offered, the substitute motion is voted upor adopted, strikes the main motion.
8. Amend.
18
19
2o I
Purpose. To modify or change a motion that considered by the Commission so that it will exp
satisfactorily the will of the members. If the motic
then the main motion should be voted on as amended<
21
22
23
24
25
Debatable or Amendable. It is debatable unless app undebatable main motion. It is amendable.
9. Motion to Postpone.
Purpose. To prevent further discussion and voting o motion until a future date or event. If the motj
up again until the specified date or event. discussion and voting on the main motion shall not I
26 // Debatable or Amendable. It is debatable but not a
27
28 PC RES0 NO. 2904 -17-
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1 II 10. Minute Motion.
J.
2
3
4
5
6
Purpose. To make a permanent record and enter minutes the action of the Commission regarding i properly before it. Such action may include, bul
limited to, recommendations to the City Council, apprc
accepting reports, determining conformity of propose works projects, acquisitions or dispositions of pro1
or such other and further action as determined
Commission which does not require a written resolu minute motion shall not substitute for a resolution.
the construction of buildings with the adopted genc
7
11. Main Motion. 8
Debatable or Amendable. Yes.
9
10
11
12
Purpose. The primary proposal or question be
Commission for discussion and decision.
Debatable or Amendable. Yes.
50 RESOLUTIONS. Formal Commission actions on i
before it shall be made by resolution. When neces
resolution shall contain appropriate findings and declar ~ 13 51 RESOLUTIONS - ADOPTION. (a) Where a p
14 be adopted by motion, second, discussion and vote. 1
resolution has been prepared and is before the Commission,
15 necessary to read the resolution by title or in full pr is identified by the Presiding Officer. Upon request of z
16 of the Commission, the resolution shall be read by ti- full.
17 (b) Where a particular resolution has not been prepared
18 to direct the Planning Director to prepare the document E it to the Commission is in order.
19 (c) Where necessary, a resolution may be presented ve
20 motion form together with instructions for written prc Upon execution of such a resolution, it shall become ar
21 action of the Commission.
22 (d) No resolution shall be presented to the Commissi approved by the City Attorney. This approval need not be
23
when properly executed, shall become the original documc 26
found which necessitate retyping of the document; and SUC'
amendments occur or typographical or other technical E 25
other documents are submitted in draft form or on
52 CORRECTION OF DOCUMENTS. Upon occasion Reso: 24
on the resolution itself.
27
28 PC RES0 NO. 2904 -18-
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53 ROBERT'S RULES OF ORDER. If a matter arir
Commission meeting which is not covered by this Chi
applicable provisions of Federal or State law or the Municipal Code the procedures of the Commission shall be by the latest revised edition of Robert's Rules of Order,
incorporated herein by reference.
54 FAILURE TO OBSERVE PROCEDURES. The provision Rules are adopted to expedite the transaction of the bus
the Commission in an orderly fashion and are deeme
procedural only. The failure to strictly observe such ru
not affect the jurisdiction of the Commission or inval:
action taken at a meeting that is otherwise held in confor
law.
55 RALPH M. BROWN ACT. The provisions of the 8 (( Brown Act are incorporated herein by reference and are a
9
10
11
12
13 Erwin, Holmes & Marcus.
PASSED, APPROVED AND ADOPTED by the Planning Commissj
City of Carlsbad at a regular meeting held on the 19th day
1989, by the following vote, to wit:
AYES : Chairman Hall, Commissioners: Schlehuber,
l4 i/ NOES : None.
1K ABSENT: Commissioner McFadden.
.LLJ II
l6 I/ ABSTAIN: None.
17
18
19 I
20 11 ATTEST:
MATTI-fEW HALL, Chairman CARLSBAD PLANNING COMMISSl
21
22 MICHAEL J. WLZMMLER
23 // PLANNING DIRECTOR
24
25
26
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28 PC RES0 NO. 2904 -19-
6. * eALPH-M.-BROWN
TABLE OF CONTENTS
L Government Code Sections 54950-54961
Section 54950.
Section ' 54950.5.
Section 54951.
Section 54951.3.
Section 54951.7.
,,
Section 54952.
Section 54952.2,
Section 54952.3.
Section 54952.5.
Section 54952.6
Section 54952.7.
Section 54953.
Section 54953.1.
Section 54953.3.
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 commit
"Legislative body": permanent board
commissions
"Action taken"
Copies of act
Meetings to be open and public
Grand jury testimony unaffected by
Registration not required for publl attendance at meeting
Section 54953.5. Recording proceedings
Section 54953.7. Local requirements
Section 54954. Rules for conduct of business: time
place for holding regular meetings
Section 54954.1. Mailed notice of meetings, on reque property owner
Section 54954.2, Agenda requirements
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Section 54954.3.
Section 54955.
Section 54955.1.
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
Right of public to address legislat
body
Adjournment of meetings
Continuance of hearing to subsequer
meeting
Special meetings
Emergency special meetings
Fees
Licensing applications
Closed sessions for 1 and negotiatic
Closed sessions to confer with leg: counsel regarding litigation
Closed sessions
Public report of employment decisic
Minute book for closed sessions
Agenda and other writings as public
record
-
Closed sessions regarding employee compensation
Statement of reasons for closed se:
Conduct of business where meeting
willfully interrupted
Application of chapter
Attendance at meeting where action
in violation of this chapter a misdemeanor
Action against violation or threatc
violation of this chapter
Action to void action of legislati1 body
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Section 54960.5. Costs and attorneys fees
Section 54961. No meeting where discriminatory admission policy
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a WLPH M. BROWN ACT
Government Code Sections 54950-54961
(As of January I, 1987)
Section 54950. Declaration of public policy
In ecacting this chapter, the Legislature finds and dec
that the public commissions,. boards and councils an
other public agencies in this State 'exist to aid i.
conduct of the people's business. It is the intent c law that their actions be taken openly and that
deliberations be conducted openly.
e
The people of this State do not yield their sovereigr the agencies which sene them. The people, in dele<
3 authority, do not give their public servants the rig
decide what is good for the people to know and what f good for them to know. The people insist on remi
informed so that they may retain control over instruments they have created.
Section 54950.5. Title of act
This chapter shall be known as the Ralph M. Brown Act.
Section 54951. 'Local agene?"
-
As used in this chapter, "local agency" means a cc city, whether general law or chartered, city and cc
town, school district, municipal corporation, disl political subdivision, or any board, commission or i thereof, or other local public agency.
Section 54951.1. Public meetinas by antipoverty
oruanizations
For the purposes of this chapter, and to the extent x consistent with federal law, the term "local agency"
include all private nonprofit organizations that r( public money to be expended for public purposes pursui
the "Economic Opportunity Act of 1964" (PL 88-452; 78 508) [42 USCS Sections 2701 et seq.].
0.
Section 54951.7. "Local auency" includes nonprofit corporations Jf agency
"Local agency" includes any nonprofit. corporation, c by one or more local agencies, any one of the membc
whose board of directors is appointed by such local ag
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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 thi
governing board,
agency, or any
S chapter, "legislati
commission, directors board or commission
ve body"
or body thereof,
means th of a loca
and shal include any board, commission, committee, or other body o
which officers of a local agency sene in their officia capacity as members and which is supported in whole or i
part by funds provided by such agency, whethey such board
commission, committee or other body is organized an 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 ar board, commission, committee, or similar multimember boc
which exercises any authority of a legislative body of local agency delegated to it by that legislative body.
Section 54952.3. "Legislative body": advisoq committees
a As used in this chapter "legislative body" also includes ar
advisory commission, advisory committee or advisory body c a local agency, created by charter, ordinance, resoluticr
member of a legislative body of a local agency.
Meetings of such advisory commissions, committees or bodie concerning subjects which do not require an examination c
facts and data outside the territory of the local agenc shall be held within the territory of the local agency ar
shall be open and public, and notice thereof must t delivered personally or by mail at least 24 hours before tf time of such meeting to each person who has requested, j
writing, notice of such meeting.
If the advisory commission, committee or body elects t
provide for the holding of regular meetinss, it shal provide by bylaws, or by whatever other rule is utilized t
that advisory body for the conduct of its business, for tt time and place for holding such regular meetings. No oths
notice of regular meetings is required.
"Legislative body" as defined in this section does nc
include a committee composed solely of members of tf
quorum of such governing body.
or by any similar formal action of a legislative body c
I governing body of a local agency which are less than
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0 The provisions of Sections 54954, 54955, 54955.1, and
shall not apply to meetings under this section.
Section 54952.5. "Legislative body": permanent boards
As used in this chapter "legislative body" also inc: but is not limited to, planning commissions, library bc
recreation commissions, and other permanent boar, commissions of a local agency.
Section 54952.6 "Action taken"
As used in this chapter, "action taken" means a collt decision made by a majority of the members of a legis:
' body, a collective commitment or promise by a majori
the members of a legislative body to make a positive negative decision, or an actual vote by a majority c
members of a legislative body when sitting as a bo entity, upon a motion, proposal, resolution, ord ordinance.
commissions
a Section 54952.7. Copies of act
A legislative body of a local agency nay require that i
of this chapter be given to-each member of the legis: body. An elected 1eg.islative body of a local agenc
require that a copy of this chapter be given to each r of each legislative body all or a majority of whose mt
are appointed by or under the authority of the e: legislative body.
Section 54953. Meetings to be open and public
All meetings of the legislative body of a local agency be open and public, and all persons shall be permitt attend any meeting of the legislative body of a
agency, except as otherwise provided in this chapter.
Section 54953.1. Grand jury testimony unaffected by ac
The provisions of this chapter shall not be constru prohibit the members of the legislative body of a
agency from giving testimony in private before a grand
either as individulls or as a body.
e
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Section 54953.3. Registration not required for public
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
I completes the document.
Section 54953.5. Recording 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 proceedinp.
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 mle 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, meetinss
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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0 the next business day. If , by reason of fire, f earthquake or other emergency, it shall be unsafe to me
the place designated, the meeting may be held for duration of the emergency at such place as is designat the presiding officer of the legislative body.
Section 54954.1. Mailed notice of meetinqs, on request of property owner
The legislative body of any district which is subject t
provisions of this chapter shall give mailed notice of
regular meeting, and any special meeting which is call least one week prior to the date set for the meeting, t
owner of property located within the district who has a written request for such notice with the legislative Any mailed notice required pursuant to this section
be mailed at least one week prior to the date set fo
meeting to which it applies except that the legislative may give such notice as it deems practical of SF meetings called less than seven days prior to the dat for the meeting..
Any request for notice filed pursuant to this section be valid for one year from the date on which it is unless a renewal request is filed. Renewal request
notice shall be filed within 90 days after January 1 of
year. Any request for notice, or renewal request, pursuant to this section shall contain a description c
property owned by the person filing the request. description may be in general terms but shall be suffj enough to readily identify such property.
The legislative body may establish a reasonable i
charge for sending such notice based on the estimatec of providing such a service.
Section 54954.2. Aqenda requirements
(a) At least 72 hours before a regular meeting legislative body of the local agency, or its designee,
post an agenda containing a brief general descripti each item of business to be transacted or discussed i
meeting. The agenda shall specify the time and locat: the regular meeting and shall be posted in a locatio1
is freely accessible to members of the public. No I shall be taken on any item not appearing on the :
agenda.
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(b) Notwithstanding subdivision (a), the legislativc may take action on items of business not appearing <
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 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 itern was
continued to the meeting at which action is being taken.
i
Section 54954.3. Riaht of public to address legislative
body
(a) Eveq agenda for regular meetings shall provide an
opportunity for members of the public 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 sub6ivision (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 meetizg
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 meetings
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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0 time. If all members are absent from any reguli adjourned regular meeting the clerk or secretary 0, legislative body may declare the meeting adjourned
stated time and place and he shall cause a written noti
the adjournment to be given in the same manner as prc in Section 54956 for special meetings, unless such not:
waived as provided for special meetings. A copy 0
order or notice of adjournment shall be conspicuously I on or near the door of the place where the reg adjourned regular, special or adjourned special meetir held within 24 hours after the time of the adjourx
When a regular or adjourned regular meeting is adjourr
provided in this section, the resulting adjourned rt meeting is a regular meeting for all purposes. Wh order of adjournment of any meeting fails to state tht
at which the adjourned meeting is to be held, it shz
held at the hour specified for regular meetin!
ordinance, resolution, bylaw, or other rule,
Section 54955.1. Continuance of hearinq to subsequent meetinq
0
Any hearing being held, or noticed or ordered to be he: a legislative body of a local agency at any meeting n
order or notice of continuance be continued or recon' to any subsequent meeting & the legislative body 1
same manner and to the same extent set forth in Sc 54955 for the adjournment of meetings; provided, that : hearing is continued to a time less than 24 hours aftc
time specified in the order or notice of hearing, a cc
the order or notice of continuance of hearing sha
posted immediately following the meeting at which the
er declaration a€ continuance was adopted or made.
Section 54956. Special meetinqs
A special meeting may be called at any time by the pre: officer of the legislative body of a local agency, 01
majority of the members of the legislative bod: delivering personally or by mail written notice tc
member of the legislative body and to each local new of general circulation, radio or television st
requesting notice in writing. The notice shall be del personally or by mail and shall be received at le:
hours before the time of the meeting as specified :
notice. The call and notice shall specify the tin place of the special meeting and the business
transacted, No other business shall be considered at meetings by the legislative body. The written.notice
the meeting convenes files with the clerk or secret, 0 dispensed with as to any member who at or prior to th
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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' special meeting in a location that is freely
r accessible to members of the public.
Section 54956.5 Emergency 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 ZQ-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:
1 (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 notifie6
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 sgecial 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
to this section.
i not meet in closed session during a meeting called pursuant
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~ll special meeting requirements, as prescribed in Se 54956 shall be applicable to a meeting called pursua
this section, with the exception of the 24-hour r: requirement.
The minutes of a meeting called pursuant to this secti list of persons who the presiding officer of the legis1
body, or designee of the legislative body, notific attempted to notify, a copy of the rollcall vote, an actions taken at the meeting shall be posted for a mi
possible - of 10 days in a public place as soon after the meeti
Section 54956.6. Fees
. No fees may be charged by the legislative body of a
agency for carrying out any provision of this chz
except as specifically authorized by this chapter.
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Section 54956.7. Licensinq applications
Whenever a legislative body of a local agency dete~ that it is necessary to discuss and determine wheth
applicant for a license or license renewal, who 1
criminal record, is sufficiently rehabilitated to obta: license, the legislative boby may hold a closed sessior
the applicant and the applicant's attorney, if any, fc
determination. If the legislative body determines,
result of the closed session, that the issuance or r( of the license should be denied, the applicant sha
offered the opportunity to withdraw the application. : applicant withdraws the application, no record shall bc
of the discussions or decisions made at the closed sc and all matters relating to the closed session sha confidential. If the applicant does not withdra,
application, the legislative body shall take action z public meeting during which the closed session is held
its next public meeting denying the application fc license but all matters relating to the closed sessic
confidential and shall not be disclosed without the CI of the applicant, except in an action by an applicar
has been denied a license challenging the denial c
license.
purpose of holding the discussion and making
Section 54956.8, Closed sessions for land neqotiation.
Notwithstanding any other provision of this chapt
legislative body of a local agency may hold a closed s8 with its negotiator prior to the purchase, sale, exc:
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or lease of real property by or for the local agency to gi\ instructions to its negotiator re~arding the price and tern of payment for the purchase, sale, exchange, or lease.
However, prior to the closed Session, the legislative boc of the local agency shall hold an open and public session j which it identifies the real property or real propertie which the negotiations may concern and the person or persor with whom its negotiator may negotiate.
For the purposes of this section, the negotiator may be member of the legislative body of the local agency.
For purposes of this section, "lease" includes renewal c
renegotiation of a lease,
. Nothing in this section shall preclude a local asency frc holding a closed session for discussions regarding eminer
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 legislative body of a local agency, based on advice of if legal counsel, from holding a closed session to confer wit1 or receive advice from, its -legal counsel regarding pendir litigation when discussion in open session concerning tho: matters would prejudice the position of the local agency : the litigation.
For pur?oses of this section, litigation shall be censiderc
(a) An adjudicatory proceeding before a cour! administrative body exercising its adjudicatory authorit: hearing officer, or arbitrator, to which the local agency : a party, has been initiated formally.
pending when any of the following circumstances exist:
(b) ( 1) A point has been reached where, in tl opinion of the legislative body of the local agency on tf advice of its legal counsel, based on existing facts a: circumstances, there is significant exposure to litigatic against the local agency: or
(2) Based on existing facts and circumstance: the legislative body of the local agenzy is meeting only 1 decide whether a closed session is authorized pursuant 1
paragraph (1) of this subdivision.
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(c) Based on existing facts and circumstances
legislative body of the local agency has decided to in: or is deciding whether to initiate litigation.
Prior to holding a closed session pursuant to this sec
the legislative body of the local agency shall
publicly to which subdivision it is pursuant. I
shall state the title of or otherwise specifically id1
the litigation to be discussed, unless the body state: to do so would jeopardize the agency's ability to effec service of process upon one or more unserved partie
that to do so would jeopardize its ability to COI
existing settlement negotiations to its advantage.
session is closed pursuant to subdivision (a), the
The legal counsel of the legislative body of the .agency shall prepare and submit to the body a memo:
stating the specific reasons and legal authority fc
closed session. If the closed session is pursua subdivision (a), the memorandum shall include the tit the litigation. If the closed session is pursua subdivision (b) or (c), the memorandum shall includ
existing facts and circumstances on which it is based< legal counsel shall submit the memorandum to the body
than one week after the closed session. The memo:
shall be exempt from disclosu?e pursuant to Section 62!
to the closed session if feasible, and in any case no
For purposes of this section, "litigation" include adjudicatory proceeding, including eminent domain, be:
court, administrative body exercising its adjudil
authority, heari3g officer, or arbitrator.
Section 54957. Closed sessions
Nothing contained in this chapter shall be constru prevent the legislative body of a local agency from hl
closed sessions with the Attorney General, dis
attorney, sheriff, or chief of police, or their resp, deputies, on matters posing a threat to the securi
public buildings or a threat to the public's right of
to public services or public facilities, or from h
closed sessions during regular or special meeti
consider the appointment, employment, evaluatic performance, or dismissal of a public employee or tc
complaints or charges brought against such employ another person or employee unless such employee requc public hearing. The legislative body also may exclud
any such public or closed meeting, during the examinat a witness, any or all other witnesses in the matter
investigated by the legislative body.
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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, 01: 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) 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 emoloyment 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.
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Section 54957.2. Minute book for closed sessiom
(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 11,
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 neec
consist of a recording of the closed session.
(b) An elected legislative body of a local agenc. require that each legislative body all or a majori whose members are appointed by or under the authority c
elected legislative body keep a minute book as presc under subdivision (a).
Section 54957.5. Aqenda and other writings as public
record ~ "_
(a) Notwithstanding Section 6255 or any other provisi law, agendas of public meetings .and other writings,
distributed to all, or a majority of all, of the membE a legislative body of a local agency by a member, ofi
' employee, or agent of such body for discussic
consideration at a public meeting of such body, are 1
records under the California Public Records Act (Chapte
(commencing with Section 6250) of Division 7 of Title soon as distyibuted, and shall be made available pursuz Sections 6253 and 6256. However, this section shal
include any writing exempt from public disclosure
Section 6253.5, 6254;or 6254.7.
(b) Writings which are public records under subdivisic
and which are distributed prior to commencement of a I meeting shall be made available for public inspectior
request prior to commencement of such meeting.
(c) Writings which are public recor5s under subdivisic
and which are distributed during a public meeting and
to commencement of their discussion at such meeting sh;
made available for public inspection prior to commenc of, and during, their discussion at such meeting.
(d) Writings which are public records under subdivisic and which are distributed during their discussian public meeting shall be made available for public inspc
immediately or as soon thereafter as is practicable.
(e) Nothing in this section shall be construed to PI
the legislative body of a local agency from charging or deposit for a copy of a public record pursuant to Sc
6257. The writings described in subdivisions (b), (c: (d) are subject to the requirements of the California 1
Records Act (Chapter 3.5 (commencing with Section f
Division 7, Title I), and subdivisions (b), (c), an shall not be construed to exempt from public inspectic
record covered by that act, or to limit the public's
to inspect any record required to be disclosed by thai
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This section shall not be constru.ed to be applicable to an- writings solely because they are properly discussed in closed session of a legislative body of the local agency
Nothing in this chapter shall be construed to require legislative body or a local agency to place any pai
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 reqarding employee compensation
(a> Notwithstanding any other provision of law, , legislative body of a local agency may hold closed session:
.with the local agency's designated representatives regardinc
, the salaries, salary schedules, compensation paid in thl form of fringe benefits of its represented and unrepresente
employees. Closed sessions of a legislative body of a loca
agency, as permitted in this section, shall be for th purpose of reviewing its position and instructing the loca
agency's designated representatives. Closed sessions, a
pennitted in this section, may take place prior to an during Consultations and discussions with representatives o
employee organizations and unrepresented employees.
For the purposes enumerated "in this section, a legislativ
body of a local agency may also meet with a stat conciliator who has intervened in the proceedings.
(b) In addition to the closed sessions authorized b subdivision (a), the legislative body, as defined b
Sections 54952, 54952.2, 54952.3, and 54952.5, of a publi agency, as defined by subdivision (c) of Section 3501, ma
hold closed sessions with its designated representatives o
mandatory subjects within the scope of representations o its represented employees, as determined pursuant to Sectio
3504.
Section 54957.7. Statement of reasons for closed session
Prior to or after holding any closed session, th
legislative body of the local agency shall state the genera reascn or reasons for the closed session, and may cite tk
statutory authority, including the specific section ar subdivision, or other legal authority under which th
session is being held. In the closed session, th legislative body may consider only those matters covered i its statement. In the case of special, adjourned, ac continued meetings, the statement shall be made as part c
the notice provided for the special, adjourned, or continue
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Eection 54957.9. Conduct of business where meeting willfully interrupted
In the event that any meeting is willfully interrupte
group or groups of persons so as to render the c
restored by the removal of individuals who are wil interrupting the meeting, the members of the legis body conducting the meeting may order the meetinc cleared and continue in session. Only matters appear
Representatives of the press or other news media, those participating in the disturbance, shall be allo attend any session held pursuant to this section. N
in this section shall prohibit the legislative bod establishing a procedure for readmitting an individl individuals not responsible for willfully disturbir orderly conduct of the meeting.
conduct of such meeting unfeasible and order cam
the agenda may be considered in such a se
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Section 54958. Application of chapter
The provisions of this Ehapter shall apply t
legislative body of every local agency notwithstandi
conflicting provisions of any other state law.
Section 54959. Attendance at meetinq where action tak violation of this chapter a misdemeanc
Each member of a legislative body who attends a meet such legislative body where action is taken in violat any provision of this chapter, with knowledge of th that the meeting is in violation thereof, is Wilt]
misdemeanor.
Section 54960. Action aqainst violation or threatened violation of this chapter
Any interested person may commence an action by mar injunction or declaratory relief for the purpose of si or preventing violations or threatened violations o chapter by members of the legislative body of a local or to determine the applicability of this chapter to i 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
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
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 actiors 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.
body and nature of the alleged vialatian- The written
I t its decision not to cure or correct the challenged 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.
Y
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0 (3) The action taken gave rise to a contrac obligation, including a contract let by campetitive upon which a party has, in good faith, detrimentally re
(4) The action taken was in connection wit] collection of any tax.
(a) During any action seeking a judici'al determi: pursuant to subdivision (a) if the court determ pursuant to a showing by the legislative body that an z alleged to have been taken in violation of Section f 54954.2, or 54956 has been cured or corrected
subsequent action of the legislative body, the action
pursuant to subdivision (a) shall be dismissed
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prejudice .
(e) The fact that a legislative body takes a subst action to cure or correct an action taken pursuant tc section shall not be construed or admissible as evider a violation of this chapter.
Section 54960.5. Costs and attorneys fees
A court may award court costs and reasonable attorne:
to the plaintiff in an action brought pursuant to S 54960 or 54960.1 where it is found that a legislative of the local agency has vialated this chapter. The and fees shall be paid by the local agency and shal
become a personal liability of any public offic employee of the local agency.
A court may award court costs and reasonable attorne:
to a defendant in any action brought pursuant to SI
54960 or 54960.1 where the defendant has prevailed final determination of such action and the court find: the action was clearly frivolous and totally lacki merit.
Section 54961. No.meetinq where discriminatory admiss
policy
No local agency shall conduct any meeting, conferen!. other function in any facility that prohibits the ami of any person, or persons, on the basis of race, re1 creed, color, national origin, . ancestry, or sex. section shall apply to every local agency as defir Section 54951, 54951.1, or 54951.7.
( WPBRWN. 87 )
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