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NAVE & SILVER E I V E Q
MICHAEL R.NAVE ATTORNEYS AT LAW DEC 110881' EAST BAY OFFICE:
ELIZABETH H. SILVER 1220 HOWARD AVENUE. SUITE 250 EC � CIVIC CENTER COMPLEX
P.O. BOX 208 835 E. 14TH STREET
BURLINGAME. CALIFORNIA ,f ; ''r�. - '-�S�TELEPHONE:C(415)577-I
94011-0208
(415) 348.7130 REPLY TO
MEMORANDUM
TO: Richard Ambrose, City Manager DATE: 11/24/86
FROM: Elizabeth H. Silver, Assistant City Attorney
RE: Brown Act - AB2674
Pursuant to your request we have prepared procedures to be
followed by the City Council in order to comply with the recent
amendments to the Brown Act, commencing January 1, 1987 . The
enclosed Resolution is self-explanatory except for a few points
which require elaboration:
1 ) Newly-enacted §54954.3 (b) allows the Council to limit the
time each person may address the Council and the total
time allocated to public comments. If the Council wants
to do this I would suggest that this information be set
forth on the agenda (see Section 1 (e) of draft
Resolution) .
2 ) Section 2 requires the Clerk to execute a Declaration of
Posting for each agenda. This Declaration should be kept
on file, along with a copy of each agenda, in case of a
legal challenge.
3 ) AB2674 prohibits the Council from taking action on any
item not on the agenda, unless it comes within one of the
exceptions. Government Code §54954.2 . The problem this
presents is how to deal with an issue raised by a member
of the public which is not on the agenda. The draft
Resolution provides that such issues are automatically
referred to staff unless the Council determines that the
need to take action arose after the agenda was posted
( see Section 3 (b) ) .
4) If the Council votes to consider an item under Section
3 (b) of the draft Resolution, the motion or the minutes
should reflect the reason for the Council ' s
determination.
f
i
b
Memorandum
To Richard Ambrose
Re: Brown Act
November 24, 1986
Page two
As you know, AB2674 added Government Code Section 54960. 1
which provides for a judicial challenge to actions taken in
violation of certain provisions of the Brown Act: Government Code
§54953 (all meetings open, no seriatim meetings) ; §54954.2
(posting agenda; no action on item not on agenda) ; and §54956
(agenda of special meeting must be posted) . The proposed
Resolution deals with procedural matters only. Newly-enacted
Government Code §54960.1 does not require procedural guidelines.
The Council should be aware, however, that it will have the
opportunity to "cure" any action, if challenged.
As an alternative to this resolution I would suggest
incorporating the provisions of the draft resolution into
Resolution No. 5-82, which establishes rules for the conduct of
Council meetings. For instance, Section 1 and Section 2 of the
enclosed draft resolution could be included in paragraph 3 of
Resolution No. 5-82 . Section 3 and Section 5 of the draft
resolution should replace paragraph 9 of Resolution No. 5-82.
Finally, Section 4 of the draft resolution should be added at the
end of paragraph 2 of Resolution No. 5-82.
I have also prepared a similar resolution for the Planning
Commission.
Please call if you have any questions.
Elizabeth H. Silver
EHS :cw
Enclosure
cc: Larry Tong (w/encl . )
DUBLIN CITY COUNCIL
RESOLUTION NO. -86
The City Council adopts the following procedures
pursuant to and in compliance with the Ralph M. Brown Act,
Government Code 54950 et. seq.
Section 1 The City Clerk shall prepare an agenda for
all Council meetings, which shall, at a minimum include:
a) the date of the meeting;
b) the time of the meeting;
c) the location of the meeting;
d) a brief general description of each item of business
to be transacted or discussed at the meeting;
e) a specified period of time for members of the public
to address the Council on items of interest to the
public that are within the jurisdiction of the
Council including a provision that no person may
speak longer than minutes.
Section 2 At least 72 hours before each regular meeting
the City Clerk shall post a copy of the agenda at the Alameda
County Library Dublin Branch, 7606 Amador Valley Boulevard,
Dublin, California.
The Clerk shall execute a declaration of posting which
shall be filed in the office of the City Clerk.
Section 3 No action shall be taken on any item not
appearing on the agenda for a regular meeting as posted, unless :
a) the Council determines by majority vote that an
emergency situation exists, as defined in Government
Code §54956. 5;
b) the Council determines by vote of 4 out of 5 members
(or if only three members are present by a unanimous
vote) that the need to take action arose after the
agenda was posted; or
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c) the item was included in a posted agenda for a prior
meeting held within five calendar days of the meeting
at which the item is acted upon.
Section 4 Special Meetings The agenda for special
meetings shall contain the information in Section 1(a)-(d) . At
least 24 hours before each special meeting the City Clerk shall
post a copy of the agenda, including the call and notice of the
special meeting, in the manner specified in Section 2.
Section 5 When an item not on an agenda is raised by a
member of the public, the matter shall be deemed automatically
referred to staff unless the Council determines to take action
under Section 3 (b) .
PASSED, APPROVED AND ADOPTED this day of
1986 by the following vote:
AYES: COUNCILMEMBERS
NOES:
ABSENT:
Mayor
City Clerk
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DECLARATION OF POSTING
I declare under penalty of perjury that the foregoing
Agenda for the Dublin City Council meeting of
1987 was posted at
Dublin, California on the day of 1987, at
a.m./p.m.
Executed this day of 198_,
at Dublin, California.
Kay Keck
Deputy City Clerk
V.
League of California Cities R c E i YE p
r •1400 K STREET • SACRAMENTO,CA 95814 • (916)444-5790
NOV 51986
California Cities
Work Together Sacramento,- CA. C:°:' 12 r. -�--
October 6, 1986
TO: City Attorneys and City Clerks
RE: Changes in Brown Act Open Meeting Requirements
Introduction
AB 2674 (Connelly), Ch. 641 of the 1986 statutes,. which dramatically changes
The Brown Act open meeting requirements, takes effect January 1, 1987. This
new law requires local agencies to post an agenda prior to each meeting of the
legislative body, requires local agencies to provide an opportunity for the
public to address the legislative body, generally prohibits the legislative
body. from acting- on items not appearing in the agenda, and authorizes bringing
suit to void certain actions taken in violation of the Brown Act.
Because the new law raises numerous questions of interpretation, Robert
Flandrick,' City Attorney of Baldwin Park, Bell and Whittier and President of
the City Attorneys Department, appointed a committee to recommend a uniform
approach to implementing AB 2674. The members of this committee are: Steve
Amerikaner (Chair) , City Attorney_ of Santa Barbara; Bill Adams, City Attorney
of Palm Springs; George Buchanan, Senior Assistant City Attorney of Los
Angeles; Frank Gillio, City Attorney of Los Altos Hills, Millbrae and Monte
Sereno; Alice Graff, City Attorney of Hayward; Ron Johnson, Senior Chief
Deputy City Attorney of San Diego; and Ron Stein, City Attorney of Lodi .
This report is intended to help city attorneys resolve some of the
interpretive questions raised and ensure compliance with the spirit of the
Brown Act. A summary of the bill is followed by specific, practical
recommendations. The text of the bill should be carefully reviewed for
detailed provisions not covered in the summary. The recommendations at times
will propose alternative courses of action or merely identify issues which
could arise. While the bill applies to every local "legislative body,"
including certain a visory bodies such as--DT—anninq commissions, re
ferences
IVi enera a ma a nn l\, c All code section
references are to the Government Code. Because the bill requires considerable
attention to detail to ensure compliance, the Committee recommends that prior
to January 1, 1987, each city adopt written internal procedures to provide the
council and staff with guidance.
1 AT TIER ,
Z i
` Summary of AB 2674
Posting'Agendas. AB 2674 requires a city to post an agenda in a location
which is freely accessible to the public at least 72 hours before each regular
meeting of the city council . The agenda must include a brief description of
each item of business to be transacted or discussed at the meeting together
with the time and location of the meeting. The council is prohibited from
taking action on any item not appearing on,the posted agenda unless: (1) a
council majority determines that an "emergency situation," as defined, exists;
(2) the council determines by a .two-thirds vote, or by a unanimous vote if
less than two-thirds of the council members are present, that the "need to
take action on the item arose subsequent to the posting of the agenda; or (3)
the item was included in a properly posted agenda for a prior meeting
occurring not more than five days prior to the meeting at which the action is
taken and was continued to the meeting at which the action is taken. (Section
54954.2) .
Notice of each special meeting must be posted at least 24 hours prior to the
special meeting. (Section 54956).
Public Discussion. AB 2674 requires that every agenda for a regular
meeting provide an opportunity for members of the public to address the
legislative body on items of interest to the public within the body's subject
matter jurisdiction. If an item discussed by a member of the public did not
appear in the agenda, the same restrictions on council action discussed above
will apply. The council does not have to allow the public time to speak on an
item which was previously considered by a council committee if an opportunity
.for public input was afforded at the committee meeting. (Section 54954.3) .
Violations. AB 2674 authorizes any interested person to seek a judicial
determination that an action taken by the council in violation of the public
meeting or agenda posting requirements of the Brown Act is null and void.
Prior to filing a lawsuit and within 30 days of the action, the interested
person must make a demand of the council that it cure the challenged action.
If the council takes no curative action within 30 days of the demand, the
interested person must file suit within the earlier of: (1) 15 days after the
expiration of the 30-day period; (2) 15 days after receipt of written notice
from the city council of its decision to cure, or not to cure, the challenged
action; or (3) 75 days from the date the challenged action was taken.
Notwithstanding the foregoing, an action of the council cannot be determined
to be null and void if: (1) the action was taken in substantial compliance
with the Brown act; (2) the action was taken in connection with the issuance
of an evidence of indebtedness; (3) the action taken gave rise to a
contractual obligation upon which a party has, in good faith, detrimentally
relied; or (4) the action was taken in connection with the collection of any
tax. (Section. 54960.1) . _
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Kecommendations and Discussion
I-
1. New Section 54954.2 (a) provides that an agenda shall be posted in a
location that is freely accessible.to the public. What is meant by
"freely accessible"?
Since the statute does not specify locations where the agenda must be
posted, cities should take a common sense approach to what is
reasonable. If a meeting is to be held early in the week, the agenda
should not be posted only in a building which is closed on weekends.
Possible alternative locations might include a library, a supermarket,
a newspaper building or a bulletin board located outside of city hall .
The agenda should regularly be posted in the same location (or
locations) rather than rotating locations. The agenda should be
posted in a location where the agenda will remain undisturbed. While
the statute does not require the city to maintain the agenda after it
is posted, it may not. be reasonable to post the agenda in a location
where the agenda is regularly torn down before the meeting.
2. Should a record be kept of the time and location of posting of the
agenda?
The Committee recommends that each city adopt, by resolution or
otherwise, a procedure to be followed in posting agendas. The
Committee recommends that the procedure include one of two alternative
methods of keeping a record of posting. Under the first alternative,
the clerk would routinely sign a declaration of the time and place
where the agenda was posted. and keep those in his or her office for
public reference. Under the second alternative, each meeting's agenda
would include a clerk's report on the posting of the agenda, which
would be reflected in the minutes of the meeting.
3. New Section 54954.2 (a) requires that the agenda contain a brief
general description of each item of business to be transacted or
discussed at the meeting. How much detail must be included in this
description?
For the purpose of clarifying this point, the following letter was
placed in the July 3, 1986 Senate Journal at pace 6703 at the time of
the Senate floor vote on AB 2674: "The intent of subsection (a) of
Section 54954.2 [Section 5 of AB 2674] is to require local public
agencies to post agendas that contain sufficient descriptions of the
items of business to be transacted at a meeting of a council , board of
supervisors, commission, etc. , to enable members of the general public
to determine the general nature or subject matter of each agenda item,
so that they may seek further information on items of interest. It is
not the purpose of this bill to require agendas to contain the dearee
of information required to satisfy constitutional due process
requirements."
The Committee recommends that the description be reasonably calculated
to adequately inform the public. For example if the item involves a
land use decision, the agenda should include z,description of the
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a r
action proposed and the location or street address of the property in
plain English, and. if the item involves"a contract;"the::agenda should
describe the nature of the contract: Emphasis :should be placed on '
informing the public of the substance'.of the=matter 'rather than
precisely describing the contemplated council .'action. ..
4. New Section 54954.2 (a) provides that.."no action shall be taken° on
any item not appearing on the posted,agenda:- What is meant by the
phrase•"no action shall be taken"?
The Committee believes that the existingdefiniti.on of :"action taken"
should be referred to for guidance. .."-:.Government Code Section 54952.6
defines "action taken" as "a collective decisio made by a majority of
the members of a legislative ody, a collective commitment or promise
. by a majority of the members of a legislative body to mace 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.'
5. May the council simply discuss an item which was not included in the
posted. agenda if no formal "action" is taken?
The language of the statute is inconsistent on this point. New
Section 54954.2 (a) provides that the agenda must include a
description of each item of business "to be transacted or discussed."
This section then states that "[n]o action" shall be taken on any item
not appearing on the agenda, but does not explicitly extend this
prohibition to the discussion of such items. Clearly' if the council
or staff_intends_.,to .bring up an item for discussion at a me_eting, . the
item should_be included in the agenda unless-it fallt within-one of
the exceptions under Section 54954:2 -(b)'- If council members give
reports, the nature of the reports should be described in the agenda.
However, it is unclear whether the council may discuss an item which
is brought up by a member of the public and neither was described in
the agenda nor falls within one of the exceptions under Section
54954.2 (b) . Under a strict interpretation of the statute, such an
item should not be discussed. However, as a practical matter, it will
be difficult to restrain council members from responding to the
public, and such discussion is not explicitly prohibited.
6. . As stated in question 5, supra, it is unclear whether the council can
even discuss an item which is not included in the agenda but which is
raised by a member of the public. At the same time, clearly the
council cannot take "action" on such a matter. Assuming discussion is
permitted, how can the council respond to the public's concern without
running afoul of the prohibition against taking "action"?
Four alternatives are available to the council . First, the council
can simply do nothing to resolve the concern of the public. However,
council members may believe that this would make them appear to be
unresponsive to their constituents. Second, the council can adopt, in
advance, a rule whereby any matter raised by the public is
automatically referred to staff or placed on the next meeting's
agenda. Third, the prohibition on taking "action" can be construed to
refer only to substantive actions taken by the council . Under such a
construction, the council would be free to take Procedural actions
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.
such as referr_g matters to s� lacin matters on the next
agen a. ny risk that such a procedural action wou be deemed a
r prohibited "action":could be minimized by authorizing the presiding-'-*
residing- '
officer, in advance,-,.to -take such procedural action by edict.- Jourth,
the council can make a determination pursuant to Section 54954.2 (b)
that the need to take action arose after the agenda was posted (see
question 7) or that an emergency situation exists.: Upon making such a
determination, the council is free to take any appropriate :action.
7. New Section 54954.2 (b) (2) provides that the council may take action .
on an item not appearing on the agenda upon a 'determination'.by a
two-thirds vote (or .a unanimous vote if less than two-thirds of the
council are present) that °the need to take action arose° after the
agenda was posted. What does the phrase 'the need to take action
arose" mean?
Clearly if the need for action on an item was known by the council or
staff prior to posting the agenda but was not included for reasons of
scheduling convenience or oversight, the need to take action did not
arise after the agenda was posted. A more difficult question is
presented where, for example, a developer faces a conditional use-
permit approval deadline but does not seek council approval until
after the agenda for a meeting is posted. In this situation, it could
be argued that the "need" for action did not arise until after the
agenda was posted because it was not until this time that the matter
was presented to the council for action. On the other hand, it could
be argued that the underlying need to act before the deadline existed
prior to posting the agenda regardless of whether the developer had
requested council action at that time. The Committee recommends that
cities adopt the latter view, as that approach is more in harmony with
the Act's apparent intent of ensuring prior public notice of matters
to be considered at a meeting. If this latter approach is adopted,
existing ordinances which include time deadlines should be reviewed to
eliminate the hardship placed on parties who seek council action
within the deadline but whose requests were filed after the agenda was
posted. Ordinances should be revised so that the filing of an
application or request tolls any applicable deadline for a specified
period of time to enable the council to act.
To protect subdividers who request subdivision map extensions after
the agenda is posted, Government Code Sections 66452.6 (e) and 66463.5
(c) (the Subdivision Map Act) were amended by AS 2740 (Cortese) Ch.
787 of the 1986 statutes, to extend a tentative map for the time
required to process a developer's. application to extend a tentative
subdivision map or tentative parcel map.
8. New Section 54954.2 (b) (1) and (2) provides that action may be taken
on items not appearing on the posted agenda upon a "determination"
that the item arose after the time of posting or that an emergency.
situation exists. To what extent must facts be presented to support
these determinations?
The "determination requirement does not mean that formal findings
must be made, although a separate vote should be taken in making the
determination. Nevertheless, the Committee recommends that the
minutes reflect what the need for action was and why the need arose
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after the posting .o-f the agenda, or Why an emergency situation exists
Cities which'-keeplaction;`minut es :may}wish 'to establish a policy
whereby.the:;need.;for any a ate additions,�are substantiated in writing
and 'kept n the counc�l f l e r < f
9. New Section 54954'3 1a)f�provides that~the public shall be given an
opportunity to;s peak' on'"items-of.'interest to the public., Does this
include agenda'itemsT.',.�At what..point 'dur.ing the meeting must this
opportunity;to speak be;provided?
The .Committee,recommends that cities interpret this provision broadly
to provide-an ,opportunity to :speak,on 1 1 , items within the subject
matter jurisdiction .of:the council;: including agenda items. The
provision does'-.'not 'Specify Whether the opportunity to speak must be
provided prior:to;council action:on-an .item. However, -the intent of
the legislation is probably most .fully'.carried out by providing the
opportunity to,.'speak prior to council .action. This provision does not
require the council .to allow public input on each item as it comes up
during the course of a meeting. '.- Thus the Committee believes that a
city may set aside a-fixed period of time early in the meeting to
receive public comment; ' both on agenda items and other matters, and
decline to permit public comment at other times during the meeting
(except as required :for public hearings as discussed below).
The Committee believes that the determination of whether an item is
within the subject matter jurisdiction of the council is a
discretionary decision to be made by the council .
This. provision for public input is completely independent from
statutory-requirements for public hearings on particular matters (e.g.
hearings on subdivision approvals and assessment proceedings) and in'
no way affects these requirements. Public comment which is a part of
required public hearings should continue to be heard at the time the
item is before the council .
10. New Section 54954.3 (b) provides that a city may adopt regulations
governing public discussion "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.° If a city adopts
such regulations, what. may they include?
The Committee believes that these regulations may include provisions
specifying the total amount of time devoted to public input, how such
time should be allocated among speakers, at what point during the
meeting the public will be allowed to speak, time limits on
individuals,. time limits on particular items and limits on the subject
matter of discussion. The Committee suggests that each city adopt
such regulations prior to January 1, 1987, the effective date of the
statute.
11 . New Section 54960.1 provides a procedure by which actions taken in
violation of the Brown Act may be determined to be void. What types
of Brown Act violations are susceptible to a judicial determination
that the underlying action is void?
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New Section 54960.1 creates a cause of action to judicially declare '
void only those council actions taken in violation of -Sections 54953,''
54954.2 or 54956. Thus actions taken `in violation of the open meeting '
requirements, such as during seriatim meetings, can be set aside by a
court. -Similarly, actions improperly taken on items which should have
been, but were not, described in an agenda posted at .the prescribed
time may also be set aside. However, violations of Brown Act -
provisions other than those contained in the aforementioned sections,
e.g. where the council prohibits a member of the public from tape
recording a meeting (Section 54953.5), do not render the underlying
council actions subject to invalidation. Of course, these latter
violations may still be enjoined (Section 54960) or subject council.
members to criminal liability (Section 54959).
12. New Section 54960.1 authorizes any interested person to brina an
action "for the purpose of obtaining a judicial determination' that an
action taken in violation of the Brown Act 'is null and void.' Does
this provision make such a council action void ab initio?
This provision does. not clearly specify whether an action taken by .the
council in violation of the Brown Act is void ab initio or whether it
is voidable upon a finding by the court that a violation occurred.
This distinction may be quite significant in certain situations. For
example, suppose a city council. approves a general plan amendment in
violation of the Brown Act, but the action is not directly challenged
within the period prescribed by Section 54960.1. The council then
approves a development project on the property subject to the general
plan amendment. An opponent of the project then challenges the
development project approval on the grounds that it is inconsistent
with -the general plan prior to the amendment, and that the amendment
is void because it was adopted in violation -of the Brown Act. If the
amendment is deemed to be void ab initio, the development project is
inconsistent with the general plan and cannot proceed. However, if
the amendment could only be set aside if a lawsuit had been filed
within the prescribed period (which has now expired), the amendment is
valid and the development project is consistent with the general plan.
Based on the language of the statute and the legislative history, the
Committee believes that an improper council action is not void ab
initio. Section 54960.1 (a) authorizes bringing an action to obtain a
"judicial determination" that an improper action is void. The use of
the word "determination" implies that the action is not void until the
time of the determination. Further, Section 54960.1 (b) provides that
an improper council action "shall not be determined to be null and
void" if certain conditions exist. Significantly, this section does
not say "an action shall be void unless" certain conditions exist.
The legislative history of AB 2674 also supports the position that an
improper action is not void ab initio. When introduced on January 15,
1986, Section 54960.1 (a) stated, "Any action taken by a legislative
body of a local agency in violation of Section 54953 or 54954.2 is
null and void." On March 3, 1986, the bill was amended, at the
League's request, to delete the foregoing provision.
Note that Section 54960.1 (a) authorizes an action by mandamus or
injunction. The Committee believes that the most appropriate means to
- 7 -
4 declare a legislative decision void .is declaratory relief.:,..When
introduced, AB 2674 also authorized an action for declaratory relief.=';': ` : :
This authority was inexplicably dropped when the bill:was amended on
March 10, 1986.17he Legislative Counsel's Digest of AB 2674 at the time
the bill was adopted continued to state that the bill authorizes
. actions by mandamus, injunction or declaratory relief.
13. New section 54960.1 provides that,-prior to seeking �7a Judicial
determination that an improper council action is void, the complainant
must make a demand of the council to cure or correct the allegedly
improper action. The council may then cure or correct the challenged. :":'.-
action or decide not to do so. . Procedurally, how should .the council
respond to such a demand? -
The Committee recommends that upon receipt of a demand, an item with
two sub-items should be added to the next meeting's agenda. The first
sub-item should be consideration of the demand, i.e: whether the
challenged action can reasonably be said to have violated the Brown
Act. The second sub-item should be consideration of the underlying
subject matter of.the challenged action if the council decided, in
considering the demand, that the challenged action may have-violated
the Brown Act. (Alternatively, the council may want to consider the
demand at one meeting and, if it finds the demand to be valid,
consider the subject matter of the challenged action at a subsequent .
meeting. However, since an action to cure or correct must be taken
within 30 days of receipt of the demand, the council may need to take
prompt action.)
1) The first sub-item to be considered is the demand that the
council cure or correct the allegedly improper action. The
rationale for considering the demand as a separate sub-item, as
opposed to discussing the subject matter of the challenged action
at the same time, is two-fold. First, it ensures that the
council , rather than staff, makes the determination of whether a
violation may have occurred. Second, it avoids any implication
that the council , by considering the underlying matter, is
admitting that a violation took place or is waiving a possible
defense of substantial compliance. Since filing a demand is a'
preliminary step to bringing a suit, the Committee believes that
the council generally will be able to consider the demand in
closed session pursuant to Section 54956.9 on the basis that a
significant exposure to litigation exists.
In considering the demand, the council may want to take one of
two approaches. It could ask: Was there an,actual violation of
the Brown Act? Alternatively: Is there a colorable claim that
the Brown Act was violated?
2) If the council decides to act upon the demand, it should then
consider the second sub-item, i .e. whether action should be taken
on the matter considered in the allegedly improper action. The
Committee recommends that this sub-item on the agenda should not
be termed on the agenda a ratification or confirmation of the
allegedly improper action, because such terminology implies that
the action was invalid when taken and presupposes that the
council will not be influenced by public ,input to take a
- 8 -
y� �~
different -action The Committee ;therefore suggests it be termed
a "consideration
>In considering the underlying matter. .:should the council set '`
-
':aside the original action prior to taking corrective action? As
discussed in question 9 supra,`'the Committee believes that an .
action taken in violation of.the Brown .Act is not void ab initio,
so .such an action remains in effect, at .the time curative action
is being considered. However, the Committee recommends that the
council. should, not declare the original action to be void, -
_. because then any action taken; 'e.g.-,-,',the ."imposition of a fee,
would not be effective until the corrective action was taken. At
the same time, ,the council should not just ignore the fact that
' .:the original action was taken,: because this could create .
confusion if the corrective action differed in substance from the
original action. . Thus the Committee .recommends that the
corrective ordinance or resolution state that.the original action
is superseded or rescinded as of the effective date of the
corrective action. To establish a record the corrective
ordinance or resolution should also describe the original action
and why'the corrective action is being taken..
The foregoing procedure may also help cities in demonstrating
compliance with the Permit Streamlining Act (PSA) which, among
..other things, requires a city to approve or disapprove a
development project within one year of accepting the application.
Has a city complied with the PSA if an allegedly improper
approval or disapproval occurs before the one year deadline and
the corrective action occurs after the deadline? The Committee
believes that the city has complied with the PSA in this
situation, because it took an action, albeit defective, which was
not void ab initio and which was taken prior to the deadline.
In considering the underlying matter, should the council build a
new record from scratch, or can it rely on the record developed
when taking the allegedly improper action? Certainly the council
must permit new public testimony on the underlying matter. At
the same time, the Committee believes that the council can
incorporate the record of the prior meeting in support of any
findings, provided that no member of the public shows that he or
she has suffered prejudice (e.g. by not being present at the
earlier meeting and not being able to review the testimony
offered at the earlier meeting.) In allowing additional
testimony at the subsequent meeting, the council probably can
limit members of the public from repeating testimony given at the
previous meeting. However, it would be more prudent simply to
state that all previous testimony will be considered part of the
record and that such testimony need not be repeated.
14. New Section 54960.1 (c) provides that an action taken "in connection
with the collection of any tax" shall not be determined to be null and
void. How broad is the phrase "in connection with the collection of
any tax?"
- 9 -
.�..... � ...r,.�.nJ....-.xt.ti. n:T•i'-5c....-d 4c-_s).F.' rte. I. .+.p _ c�.vwr�w-.a-.�..s�� �y:..t
_. _ ._. - ..."...-. .....r- _YT t4s.cXrL.Knvr.Lxsrmn...�.x.. i..+�'.... c-YxL+•i+ia �r+.-. - n -'a•T.:.a. ....., • .r'-.r... t-.:..
...Although the st.,_,ite i s not clear, the author of .,., 2674 has indicated
that he did not intend .for _this phrase to include the collection of
any .fee or assessment or to include the A mposition of.any tax.
15'. Amended Section 54960.5 provides that a court may award court costs
and attorneys fees to the plaintiff in an action brought.pursuant to
the Brown Act where the court finds a violation. If the council
purportedly takes corrective action after the statutory deadline and
after the suit has been filed, is a court nevertheless authorized to
award attorneys fees? . ,-
If the- council takes corrective action, any previously filed suit must
be dismissed with prejudice pursuant to Section 54960.1 (d).
Accordingly, the Committee believes that a court has no authority to
award attorneys fees under this provision because no Brown Act
violation has been found. At the same time, a council's decision to
take corrective action has no effect on the authority of a court to
award attorneys .fees in an action brought pursuant to Section 54960.
AB2674.legal
- 10 -
RESOLUTION NO. 5-82
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ESTABLISHING PULES FOR THE CONDUCT OF MEETINGS
OF THE CITY COUNCIL OF THE CITY OF DUBLIN
WHEREAS, Section 36813 of the Government Code, State of California,
authorizes.'a City Council to establish rules for the conduct of its. meetings;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Dublin
hereby adopts the following rules:
1 : REGULAR MEETINGS. (a) Time. Regular meetings of the City Council
shall be .held on the first and third Monday of each month at the hour of 7:30
p.m. Whenever the day fixed for any regular meeting of the Council falls upon
a day designated as'-a holiday, such meeting may be held at the same hour .on the
next succeeding day not a holiday, on the following Monday, or cancelled.
(b) Place. All regular meetings of the Council shall be held in the place
designated by ordinance.
(c) Public'. All meetings of the Council shall be open to the public;
provided, however, the City Council may hold closed sessions as provided by
the laws of the State of California.
2. SPECIAL MEETINGS. A special meeting may be ordered at any time by
the Mayor whenever in his opinion the public business may require it or upon
the written request' of any three members of the Council . Whenever a special
meeting shall. be called, written notice of such meeting shall be delivered
personally or by mail by the City Clerk to each member of the Council and to
each local newspaper of general circulation and radio station requesting notice
in writing. Such notice must be delivered at least twenty-four hours before
the time of such meeting as specified in the notice. The order 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 by the Council . The
written notice may be dispensed with as to any member of the Council who, at
or prior to the time the meeting convenes, files with the City Clerk a written
waiver of notice:
3. AGENDA. In order to facilitate the orderly conduct of the business
of the Council , the City Clerk shall be notified no later that 11 :00 a.m. of
the Wednesday immediately preceding a regular Council meeting of all reports,
communications, ordinances, resolutions, contract documents or other matters
to be submitted to the Council at such meeting. Immediately thereafter the
City Clerk shall arrange an agenda of such matters according to the order of
business and furnish each member of the Council , the City Administrator, and
the City Attorney with a copy of the agenda prior to the Council meeting and
as far in advance of the meeting as time for preparation will permit.
The City Clerk shall mark with the word "Consent" or identify with
an asterisk those items on the agenda regarding which it can reasonably
be expected that there will be no discussion by members of the City Council ,
the City staff or interested persons in the audience. The Council shall
consider all of the items on the agenda marked "consent" at one time by
vote after a motion has been duly made and seconded. If any member of the
City Council or City staff or any interested person in the audience requests
that a consent item be removed from the list of consent items, such item
shall be taken up for consideration and disposition in the order in which
it is listed on the agenda.
Unanimous consent of the Council must be obtained before matters not
included on the Agenda may be presented to the Council , except as herein-
after provided.
4. THE PRESIDING OFFICER. The Mayor shall preside at all its meetings
and perform such other duties consistent with his office as may be imposed
by the Council . He shall be entitled to vote, but shall possess no veto
power. :He shall be recognized as the official head of the City for all' -
ceremonial purposes, by the courts for the purpose of serving civil process
and by the Governor for military purposes. In the time of public danger
or emergency, he may, with the consent of the Council , cause order to be
maintained and enforce laws.
The Mayor shall preserve strict order and decorum at all regular and
special meetings of the council . He shall state every question coming before
the Council , call for the vote, announce the decision of the Council on all
subjects and decide all questions of order, subject, however, to an appeal
to the Council , in which event a majority vote of the Council shall govern
and conclusively determine such question of order. He shall sign all
ordinances adopted by the Council during his presence. In the event of the
absence of the Mayor, the Mayor Protem shall sign ordinances as then adopted.
5. CALL TO ORDER. The Mayor, or in his absence, the Mayor Protem,
shall take the chair precisely at the hour. 'appointed for the meeting, and
shall immediately call the Council to order. In the absence of the Mayor
or Mayor Protem, the City Clerk shall call the Council to order whereupon
a temporary chairman shall be elected by the members of the Council present.
Upon the arrival of the Mayor or Mayor Protem, the temporary chairman shall
immediately relinquish the chair upon the conclusion of the business immediately
before the Council .
6. ATTENDANCE. Before proceeding with the business of the Council , the
City Clerk shall enter into the minutes the names of the members 'present or
absent. No formal roll call need be taken.
7.' QUORUM. A majority of the members of the Council shall constitute
a quorum for the transaction of business, but a lesser number than a quorum
.2.
may adjourn from time to time. The council may adjourn any regular, adjourned
.regular, special or adjourned special meeting to a time and place specified
in the order of adjournment. If all members are absent from any regular or
adjourned regular meeting, the City Clerk may declare the meeting adjourned
to a stated time and place. If he does, he shall cause written notice of
the adjournment to be given in the same manner as provided for special
meetings unless the notice is waived as provided for special meetings. A
copy. of the order or notice of adjournment shall be posted at the City Office
and other places designated by the Council within twenty-four hours after
the time of adjournment. Whenever 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 adjourn-
ment of any meeting fails to state the hour at which the adjournment meeting
shall be held, it .shall be held at the hour specified for regular meetings.
8. ORDER OF BUSINESS. - Promptly at the hour set on the day of each
regular meeting, the members of the Council , City Clerk and City Admini-
strator shall take their regular stations in the Council Chambers and the
business of the Council shall be taken up for consideration and disposition
..in the following. order except that with the unamious consent of the Council ,
matters may be taken up out of order:
1. Call to order.
2. Pledge of allegiance to the Flag.
3. Approval of Minutes of previous meeting.
4. Oral communications.
5. Written communications.
6. Consent items.
7. Unfinished business.
8. New Business.
9. Miscellaneous.
10. Matters too late for the agenda.
11. Adjournment.
9. MATTERS TOO LATE FOR THE AGENDA. Under the heading of business
entitled "Matters too late for the agenda" members of the City Council
and the City staff may present to the Council for consideration and
disposition matters regarding which information was not available for
inclusion on the Council 's agenda prior to 11:00 a.m. of the previous
Wednesday, if such matters are of such an urgent nature that consider-
ation and disposition of them cannot wait for the next regular Council
meeting. . Such matters shall require unanimous consent for presentation.
10. READING OF MINUTES. Unless the reading of: the minutes of a
council meeting is requested by a member of the Council , such minutes
may be approved without reading if the Clerk has previously furnished
each member with a copy thereof.
3
11. RULES OF DEBATE. (a) Presiding Officer may debate, The Mayor
or such other member_of the Council as may be presiding may move, second
and debate from the chair, subject only to such limitations of.debate as
are by these rules imposed upon all members. He shall not be deprived of
any of the rights and privileges of a Councilman by reason of his acting
as the Presiding Officer.
(b) . Gettin the floor. Every member desiring to speak shall address
the chair, and, upon recognition. by the Presiding Officer, shall confine
himself to the question under debate.
(c) Interruptions. ' A member once recognized shall not be interrupted
when speaking unless it be to call him to order, or as herein otherwise
provided. If a member, while speaking, be called to order, he shall cease .
speaking until the question of order be determined, and, if in order,' he
shall be permitted to proceed. _
(d) Privilege of closin . debate. The Councilman moving the adoption
of an ordinance or resolution shall have the privilege of closing the debate.
(e) Motion to reconsider: A motion to reconsider any action_ taken by
the Council may be made- at any time.
Such motion must be made by one of the prevail
i ng'si'de, bu-'. may be seconded by any member, and may be made at&-any time
and have precedence over all other motions or while a member has the floor;
it shall be debatable. Nothing herein shall be construed to prevent any
member of the Council from making or remaking the same or other motion at
a subsequent meeting of the Council .
(f) Remarks of Councilman. A Councilman may request through the Presid-
ing Officer, the privilege of having an abstract of his statement on any
subject under consideration by the Council entered in the minutes. If the
Council consents thereto, such statement shall be entered in the minutes.
(g) Synopsis of Debate. The Clerk may be directed by the Presiding
Officer with the consent of .the Council , to enter in the minutes a synopsis
of the discussion on any question coming regularly before the Council .
(h) Rules of Order. Except as otherwise provided in this resolution,
the current edition of "Roberts Rules of Order" shall govern the conduct
of the meeting of the City Council .
12. ADDRESSING THE COUNCIL. Any person desiring to address the Council
at a meeting shall first secure the permission of the Presiding Officer so
to do; provided, however, that under the following headings of business, any
qualified and interested person shall have the right to address the Council
upon obtaining recognition by the Presiding Officer.
4
(a) Written Communications. Interested persons or their authorized
representative may address the Council by written communication on any
matters concerning the City's business, or any matters over which the
Council has control . Such written communication shall be delivered to
the City Clerk no later than 11:00 A.M. of the Wednesday immediately
preceding the regular Council meeting the agenda for which such written
communication is intended.
(b) Oral Communications. Interested persons in the audience or their
authorized representatives may address the Council by oral communications
on any matters over which the Council has control ; provided, however,
that preference shall be given to those persons Who .have notified the
City Clerk in advance of their desire to speak in order that the same
may appear on the agenda of the Council :
13. ADDRESSING.THE COUNCIL AFTER MOTION MADE. After a motion is
made by the Council , no person shall address the Council without first
securing the permission of the Presiding Officer so to do.
14. MANNER OF ADDRESSING COUNCIL. Each person addressing the
Council shall stand at the podium, if one is available, and give his
name and- address in an audible tone of voice for the record. All remarks
shall be addressed to the Council as a body and not to any member thereof. '
No person, other than the Council and person having the floor, shall be
permitted to enter into any discussion, either directly or through a
member of the Council , without the permission of the Presiding Officer_
No question shall be asked a Councilman except through the presiding
officer.
15. VOTING.
(a) Members of the Council shall vote by "voice vote" on all ordinances,
resolutions and other matters unless a roll call vote is required by
law or is requested by a Council member. Silence shall be recorded as
an affirmative vote. :The Presiding Officer shall announce the result
of the vote. The clerk shall show on ordinances and resolutions the
names of Council members voting "Aye" and "No".
(b)• The vote on any matter being considered by the Council .may be
delayed by the Presiding Officer until all members of the Council present
for a meeting; and not excused as herein provided, are present at the
Council table.
(c) A member of the Council who has a conflict of interest regarding
any matter being considered by the Council shall declare the conflict and
excuse himself from participating in the Council 's deliberations and
decision regarding that matter.
16. ORDER AND DECORUM.
(a) By Council Members. While the Council is in session, the members
must preserve order and decorum, and a member shall neither by conversation
or otherwise, delay or interrupt the proceedings or the peace of the
Council nor disturb any member while speaking or refuse to obey the orders
of the Council or its Presiding Officer, except as otherwise herein provided.
5
(b) By Persons. Any person making personal , impertinent, or slanderous
remarks or who shall become boisterous while addressing the Council or who
shall by conversation or othe nrise, delay or interrupt the proceedings or
the peace of the Council or disturb any member while speaking or refuse to
obey the orders of the Council or its Presiding Officer shall be forthwith, .
by the Presiding Officer, barred from further audience before the Council ,
unless permission to continue be granted by a majority vote of the Council.
(c) Enforcement of Order and Decorum. A law enforcement officer shall
be designated as Sergeant-at-Arms of the Council meetings when requested by
the Presiding Officer. He shall carry out all orders and instructions given
at the Council meeting. Upon instruction of the Presiding Officer, it shall
be the duty of the Sergeant-at-Arms, as to any person who violates the order
and decorum of the meeting to remove and bar such person from the Council
meeting. Violation of the order and decorum of a Council meeting is a
misdemeanor.
(d) Smoking. Smoking shall, not be permitted in the Council Chambers
during the meetings of the Council .
17. SPECIAL COMMITTEES. All special committees shall be appointed by
the Presiding Officer, subject to approval of the City Council .
18. PROTESTS. Any Council member shall have the right to have the
reasons for his dissent from or protest against, any action of the Council
entered on the minutes.
19. . ADJOURNMENT. . A motion to adjourn shall always be in order and
decided without debate.
PASSED, APPROVED AND ADOPTED this 1st day of February, 1982 by the
following vote:
AYES: COUNCILMEMBERS Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder
NOES: None
ABSENT: None
Mayor
City Clerk
1
d
RESOLUTION N0. 15-82
y.:
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF .DUBLIN
AMENDING-RESOLUTION 5-82
..REGARDING RULES FOR THE CONDUCT
OF MEETINGS
WHEREAS, on February 1, 1982, the City Council adopted
Resolution No. 5-82 establishing rules for the conduct of meetings,
and .
WHEREAS,'the .Murray School District has requested that the
Council change the days of its regular meetings so they will not be
held on the same days as meetings of the Murray School District Board
of Trustees;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Dublin amends Section 1 of Resolution 5-82 as follows :
1. REGULAR MEETINGS. (a) Time. Regular meetings of the
City Council shall be held on the second and fourth Monday of each
month at the hour of 7:30 p.m. Whenever the day fixed for any regular
meeting of the Council. falls upon a day designated as a holiday, such
meeting will be held at the same hour on the next succeeding day not
a holiday.
(b) Place. All regular meetings of the Council shall be
held in the place designated by ordinance.
(c) Public. All meetings of the Council shall be open to
the public; provided, however, the City Council may hold closed
sessions as provided by the laws of the State of California.
BE IT FURTHER' RESOLVED that this Resolution will take effect
so that the next regular meeting after April 5, 1982 will take place
April 26, 1982.
PASSED, APPROVED AND ADOPTED this 15th day of March, 1982,
by the following vote.
AYES: Cm. Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder
NOES: None
ABSENT: None
Mayor
Cit Clerk
RE80LUTION NO. - 86
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************************
ESTABLISHING RULES FOR THE CONDUCT OF THE MEETINGS
OF THE CITY COUNCIL OF THE CITY OF DUBLIN
WHEREAS, on February 1, 1982, the City Council adopted Resolution No.
5-82 Establishing Rules for the Conduct of Meetings of the City Council of
the City of Dublin; and
WHEREAS, on March 15, 1982, the City Council adopted Resolution No.
15-82 amending Resolution No. 5-82 ; and
WHEREAS, on January 1, 1987, Assembly Bill 2674 amending the Ralph M.
Brown Act will become law.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin hereby adopts the following rules:
1 . REGULAR MEETINGS
a. Time. Regular meetings of the City Council shall be held on
the second and fourth Monday of each month at the hour of
7 : 30 p.m. Whenever the day fixed for any regular meeting of
the Council falls upon a day designated as a holiday, such
. meeting will be held at the same hour on the. next succeeding
day not a holiday.
b. Place. All regular meetings of the Council shall be held in
the place designated by Ordinance No. 2-82 .
C . Public . All meetings of the Council shall be open to the
public; provided, however, the City Council may hold closed
sessions as provided by the laws of the State of California.
2 . SPECIAL MEETINGS
A special meeting may be ordered at any time by the Mayor
whenever in his/her opinion the public business may require it or upon the
written request of any three members of the Council . Whenever a special
meeting shall be called, written notice of such meeting shall be delivered
personally or by mail by the City Clerk to each member of the Council and
to each local newspaper of general circulation and radio station requesting'
notice in writing. Such notice must be delivered at least twenty-four (24 )
hours before the time of such meeting as specified in the notice . The
order 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 by the Council . The written notice may be dispensed with as to
any member of the Council who, at or prior to the time the meeting
convenes, files with the City Clerk a written waiver of notice.
The agenda for special meeting shall contain the information set
forth in Section 3 . a. - d. below. At least twenty-four (24 ) hours before
Dino 1
each special meeting, the City Clerk shall post a copy of the agenda,
including the call and notice of the special meeting at the same location
identified in Section 3 below.
3 . AGENDA
In order to facilitate the orderly conduct of the business of the
Council, the City Clerk shall be notified no later than 11 :00 a.m. , of the
Wednesday immediately preceding a regular Council meeting of all reports,
communications, ordinances, resolutions, contract documents or other
matters to be submitted to the Council at such meeting. Immediately
thereafter, the City Clerk shall arrange an agenda of such matters
according to the order of business and furnish each member of the Council,
the City Manager, the City Attorney and City Department Heads with a copy
of the agenda prior to the Council meeting and as far in advance of the
meeting as time for preparation will permit.
The agenda prepared by the City Clerk shall, at a minimum,
include:
a. The date of the meeting;
b. The time of the meeting;
C. The location of the meeting;
d. A brief description of each item of business to be
transacted or discussed at the meeting;
e. A specified period of time for members of the public to
address the Council on items of interest to the public
that are within the jurisdiction of the Council,
including a provision that no person may speak longer
than five ( 5) minutes .
At least seventy-two (72 ) hours before each regular meeting,
the City Clerk shall post a copy of the agenda at the Alameda County
Library Dublin Branch, 7606 Amador Valley Boulevard, Dublin, California.
The City Clerk shall execute a declaration of posting which
shall be filed in the Office of the City Clerk.
The City Clerk shall mark with the word "Consent" or
identify with an asterisk those items on the agenda regarding which it can
reasonably be expected that there will be no discussion by members of the
City Council, the City Staff or interested persons in the audience. The
Council shall consider all of the items on the agenda marked "consent" at
one time by vote after a motion has been duly made and seconded. If any
member of the City Council or City Staff or any interested person in the
audience requests that a consent item be removed from the list of consent
items, such item shall be taken up for consideration and disposition in the
order in which it is listed on the agenda.
4 . THE PRESIDING OFFICER
The Mayor shall preside at all its meetings and perform such
other duties consistent with his/her office as may be imposed by the
Council . The Mayor shall be entitled to vote, but shall possess no veto
power. The Mayor shall be recognized as the official head of the City for
Page 2
all ceremonial purposes, by the courts for the purpose of serving civil
process and by the Governor for military purposes. In the time of public
danger or emergency, the Mayor, with the consent of the Council, cause
order to be maintained and enforce laws.
The Mayor shall preserve strict order and decorum at all regular
and special meetings of' the Council . The Mayor shall state every question
coming before the Council, call for the vote, announce the decision of the
Council on all subjects and decide all questions of order, subject,
however, to an appeal to the Council, in which event a majority vote of the
Council shall govern and conclusively determine such question of order.
The Mayor shall sign all ordinances adopted by the Council during his/her
presence. In the event of the absence of the Mayor, the Mayor Pro-Tempore
shall sign ordinances as then adopted.
5. CALL TO ORDER
The Mayor, or in his/her absence, the Mayor Pro Tempore, shall
take the chair precisely at the hour appointed for the meeting, and shall
immediately call the Council to order. In the absence of the Mayor or
Mayor Pro Tempore, the City Clerk shall call the Council to order whereupon
a temporary chairman shall be elected by the members of the Council
present. Upon the arrival of the Mayor or Mayor Pro Tempore, the temporary
chairman shall immediately relinquish the chair upon the conclusion of the
business immediately before the Council.
6 . ATTENDANCE
Before proceeding with the business. of the Council, the City
Clerk shall enter into the. minutes the names of the members present or
absent. No formal roll call need be taken.
7 . QUORUM
A majority of the members of the Council shall constitute a
quorum for the transaction of business, but a lesser number than a quorum
may adjourn from time to time. The Council may adjourn any regular,
adjourned regular, special or adjourned special meeting to a time and place
specified in the order of adjournment. If all members are absent from any
regular or adjourned regular meeting, the City Clerk may declare the
meeting adjourned to a stated time and place. If he/she does, he/she shall
cause written notice of the adjournment to be given in the same manner as
provided for special meetings unless the notice is waived as provided for
special meetings . A copy of the order or notice of adjournment shall be
posted at the City Offices and other places designated by the Council
within twenty-four (24 ) hours after the time of adjournment. Whenever 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 adjournment meeting shall be held, it shall be held
at the hour specified for regular meetings .
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8. ORDER OF BUSINESS
Promptly at the hour set on the day of each regular meeting, the
members of the Council, City Clerk and City Manager shall take their
regular stations in the Council Chambers and the business of the Council
shall be taken up for consideration and disposition in the following order
except that with the unanimous consent of the Council, matters may be taken
up out of order:
1. Call to Order
2 . Pledge of Allegiance to the Flag
3 . Oral Communications
4 . Consent Items
5. Written Communications
6. Public Hearing
7. Unfinished Business
8. New Business
9 . Matters too Late for the Agenda
10 . Closed Session
11. Adjournment
9. MATTERS TOO LATE FOR THE AGENDA
a. No actions shall be taken on any item not appearing on the
agenda for a regular meeting as posted, unless
(1 ) The City Council determines by majority vote that an
emergency situation exists, as defined in Government
Code Section 54956 . 5;
(2 ) The City Council determines by vote of four (4 ) out of
five ( 5) members (or if only three (3 ) members are
present by a unanimous vote) that the need to take
action arose after the agenda was posted;
(3 ) The item was included in a posted agenda for a prior
meeting held within five (5) calendar days of the
meeting at which the item is acted upon.
b. When an item not on an agenda is raised by a member of the
public, the matter shall be deemed automatically referred to
Staff unless the Council determines to take action under
Section 9 .a. (2 ) above.
10 . READING OF MINUTES
Unless the reading of the minutes of a Council meeting is
requested by a member of the Council, such minutes may be approved without
reading if the City Clerk has previously furnished each member with a copy
thereof.
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11. RULES OF DEBATE
a. Presiding Officer may debate. The. Mayor or such other
member of the Council as may be presiding may move, second
and debate from the chair, subject only to such limitations
of debate as are by these rules imposed upon all members .
He/she shall not be deprived of any of the rights and
privileges of a Councilmember by reason of his/her acting as
the Presiding Officer.
b. Getting the floor. Every member desiring to speak shall
address the chair, and, upon recognition by the Presiding
Officer, shall confine himself/herself to the question under
debate.
C. Interruptions . A member once recognized, shall not be
interrupted when speaking unless it be to call him/her to
order, or as herein otherwise provided. If a member, while
speaking, be called to order, he/she shall cease speaking
until the question of order be determined, and if in order,
he/she shall be permitted to proceed.
d. Privilege of closing debate. The Councilmember moving the
adoption of an ordinance or resolution shall have the
privilege of closing the debate.
e. Motion to reconsider. A motion to reconsider any action
taken by the Council may be made at any time.
Such motion must be made by one of the prevailing side, but
may be seconded by any member, and may be made at any time
and have precedence over all other motions or while a member
has the floor; it shall be debatable . Nothing herein shall
be construed to prevent any member of the Council from
making or remaking the same or other motion at a subsequent
meeting of the Council.
f. Remarks of Councilmember. A Councilmember may request
through the Presiding Officer, the privilege of having an
abstract of his/her statement on any subject under
consideration by the Council entered in the minutes . If the
Council consents thereto, such statement shall be entered in
the minutes .
g. Synopsis of Debate. The City Clerk may be directed by the
Presiding Officer with the consent of the Council, to enter
in the minutes a synopsis of the discussion of any question
coming regularly before the Council .
h. Rules of Order. Except as otherwise provided in this
resolution, the current edition of "Roberts Rules of Order"
shall govern the conduct of the meeting of the City Council .
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12. ADDRESSING THE COUNCIL
. Any person desiring to address the Council at a meeting shall
first secure the permission of the Presiding Officer to do so; provided,
however, that under the following headings of business, any qualified and
interested person shall have the right to address the Council upon
obtaining recognition by the Presiding Officer.
a. Written Communications . Interested persons or their
authorized representative may address the Council by written
communication on any matters concerning the City' s business,
or any matters over which the Council has control. Such
written communication shall be delivered to the City Clerk
no later than 11 : 00 a.m. of the Wednesday immediately
preceding the regular Council meeting for which such written
communication is intended.
b. Oral Communications . Interested persons in the audience or
their authorized representatives may address the Council by
oral communications on any matters over which the Council
has control; provided, however, that preference shall be
given to those persons who have notified the City Clerk in
advance of their desire to speak in order that the same may
appear on the agenda of the Council.
13 . ADDRESSING THE COUNCIL AFTER MOTION MADE
After a motion is made by the Council, no person shall address
the Council without first securing the permission of the Presiding Officer
to .do so.
14 . MANNER OF ADDRESSING COUNCIL
Each person addressing the Council shall stand at the podium, if
one is available, and give his name and address in an audible tone of voice
for the record. All remarks shall be addressed to the Council as a body
and not to any member thereof. No person, other than the Council and
person having the floor, shall be permitted to enter into any discussion,
either directly or through a member of the Council, without the permission
of the Presiding Officer. No question shall be asked a Councilmember
except through the Presiding Officer.
15 . VOTING
a. Members of the Council shall vote by "voice vote" on all
ordinances, resolutions and other matters unless a roll call
vote is required by law or is requested by a Councilmember.
Silence shall be recorded as an affirmative vote. The
Presiding Officer shall announce the result of the vote .
The City Clerk shall show on ordinances and resolutions the
names of Councilmembers voting "Aye" and "No" .
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b. The vote on any matter being considered by the Council may
be delayed by the Presiding Officer until all members of the
Council present for a meeting, and not excused as herein
provided, are present at the Council table.
C. A member of the Council who has a conflict of interest
regarding any matter being considered by the Council shall
declare the conflict and excuse himself from participating
in the Council ' s deliberations and decision regarding that
matter.
16. ORDER AND DECORUM
a. By Councilmembers . While the Council is in session, the
members must preserve order and decorum, and a member shall
neither by conversation or otherwise, delay or interrupt the
proceedings or the peace of the Council nor disturb any
member while speaking or refuse to obey the orders of the
Council or its Presiding Officer, except as otherwise herein
provided.
b. By Persons . Any person making personal, impertinent, or
slanderous. remarks or who shall become boisterous while
addressing the Council or who shall by conversation or
otherwise, delay or interrupt the proceedings or the peace
of the Council or disturb any member while speaking or
refuse to obey the orders of the Council or its Presiding
Officer shall be forthwith, by the Presiding Officer, barred
from further audience before the Council, unless permission
to continue to be granted by a majority vote of the Council .
C . Enforcement of Order and Decorum. A law enforcement officer
shall be designated as Sergeant-at-Arms of the Council
meetings when requested by the Presiding Officer. He/she
shall carry out all orders and instructions given at the
Council meeting. Upon instruction of the Presiding Officer,
it shall be the duty of the Sergeant-at-Arms, as to any
person who violates the order and decorum of the meeting to
remove and bar such person from the Council meeting.
Violation of the order and decorum of a Council meeting is a
misdemeanor.
d. Smoking. Smoking shall not be permitted in the Council
Chambers during the meetings of the Council.
17 . SPECIAL COMMITTEES
All special committees shall be appointed by the Presiding
Officer, subject to approval of the City Council .
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18. PROTESTS
Any Councilmember shall have the right to have the reasons for
his dissent from or protest against, any action of the Council entered on
the minutes .
19 . ADJOURNMENT
A motion to adjourn shall always be in order and decided without
debate.
PASSED, APPROVED AND ADOPTED this 22nd day of December, 1986 .
AYES:
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
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