HomeMy WebLinkAboutCC Resolution 7472 (Brown Act Guidelines)RESOLUTION NO. 7472
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL ESTABLISHING GUIDELINES FOR COMPLIANCE
WITH A.B. 2674 AMENDMENTS TO THE OPEN MEETING
REQUIREMENTS OF THE BROWN ACT
WHEREAS, the State Legislature has recently enacted Assembly
Bill 2674, which will become effective January 1, 1987, and which
amends the open meeting requirements of the Brown Act (Government
Code sections 54950-54961); and
WHEREAS, the new open meeting requirements will apply to all
legislative bodies of the City as that term is or may from time
to time be defined in the Brown Act, including sections 54952,
54952.2, 54952.3 and 54952.5 thereof; and
WHEREAS, the City Council wishes to establish guidelines for
the uniform implementation of the new Brown Act amendments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of San Rafael hereby adopts the following policies and
procedures applicable to open meetings of all legislative bodies
of the City, as that term is or may from time to time be defined
in the Brown Act, including sections 54952, 54952.2, 54952.3, and
54952.5 thereof:
1. Posting of Agendas. Agendas for all meetings shall be
posted at least 72 hours before a regularly -scheduled meeting or
24 hours before a special meeting. The agendas shall be posted
inside the entrance to the San Rafael Public Library, located at
Fifth Avenue and E Street in San Rafael.
2. Posting Book. The clerk or secretary of each
legislative body shall cause to be kept a Posting Book into which
the person posting the agenda for any regular or special meeting
of that body shall enter a certification stating the date and time
of posting of the agenda for such meeting. The Posting Book
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shall be available for public inspection in the office of the
custodian of the minutes of the legislative body.
3. Description of Agenda Items. The agenda shall give the
time and location of the meeting. Each item listed for
discussion on the agenda shall include a description of the item
sufficient to enable members of the general public to determine
the general nature or subject matter of the item. For land use
items, the location or street address, or if none, then the
assessor's parcel number, of the property shall be given. If an
item involves a contract, the agenda shall briefly describe the
nature of the contract.
4. Procedure for Adding Agenda Items. Each legislative
body is prohibited from acting upon any item which did not appear
on the posted agenda for the meeting, unless one of the three
following conditions exist:
(a) The members determine by a majority vote that an
emergency situation, as defined by Government Code section
54956.5, exists. Notice of an emergency meeting shall be
given as prescribed by Government Code section 54956.5.
(b) The members determine by at least a two-thirds
vote, or if less than two-thirds of the members are present,
by a unanimous vote of those members present, that the need
to take action arose subsequent to the agenda being posted
as specified above.
(c) 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.
Any motion made under subsection (a) or (b) of this
paragraph shall describe the nature of the emergency situation or
late disclosure of need, and the need for any late additions
shall be substantiated in the minutes of the meeting.
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5. Procedure for Public Discussion. Members of the public
shall be allowed to speak on any item which appears on the agenda
for a regular meeting. In addition, each legislative body shall
provide time at a designated point in regular meetings for
members of the public to address the body on any matter, within
the subject matter jurisdiction of the body, which does not
appear on the agenda. If discussion or action is required by the
body on any matter not appearing on the agenda, the presiding
officer of the legislative body shall refer the matter to staff,
or shall agendize it for a later meeting of the body. The
presiding officer may impose reasonable limits on the total
amount of time allocated for public testimony on particular
issues, and the amount of time allocated for each speaker.
6. Notwithstanding paragraph 5, the agenda for a City
Council meeting need not provide an opportunity for the public to
address the Council on any item that has already been considered
by a committee composed exclusively of Councilmembers, at a
public meeting wherein all interested members of the public were
afforded the opportunity to address the committee on the item,
unless the Council determines that the item has been
substantially changed since the committee heard the item.
I, Jeanne M. Leoncini, Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and
regularly introduced and adopted at a regular meeting of the
Council of said City on Monday , the 15th day of
December , 19_U , by the following vote, to wit:
Ayes: Councilmembers: Breiner, Frugoli, Nave & Mayor Mulryan
Noes: Councilmembers: None
Absent: Councilmembers: Russom
JEANN 'K. LEONCINI,ity C erk
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