HomeMy WebLinkAboutAgenda Packet - BC - 1986.12.04N O T I C E
BURLINGAME BEAUTIFICATION COMMISSION
MEETING: DECEMBER 4, 1986
* 5:30 P.M. *
A G E N D A
I. ROLL CALL
II. MINUTES OF SEPTEMBER 4, 1986
III. COMMUNICATIONS
IV. REPORTS
A. Park Director
B. Chairman
C. Commissioners
V. OLD BUSINESS
VI. NEW BUSINESS
A. Tree Removal - 1561 Eastmoor Rd.
B. 1986 Brown Act Amendments
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November 3, 1986
TO: CITY COUNCIL, CITY CLERK, PLANNING COMMISSION &
ALL CITY BOA, & COMMI,�SIONS
FROM: CITY ATTORI�Y '
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SUBJECT: 1986 Brown /Act endments
Recently, Assembly Bill 2674, adopted as Chapter 641, placed into law
substantial amendments to the Brown Act, the open meeting law. These
amendments affect the posting and content of agendas and limit actions
which can be taken by your bodies.B ecause the Brown Act's definition
of "legislative body" is very broad, every City board and commission is
subject to these requirements.
1. Agenda Posting. The agenda is to be posted in a freely accessible
location at least 72 hours before a meeting. If a body meets on a Monday
or after a holiday the agenda should be posted where it can be seen while
City offices are closed. The library will provide a bulletin board
inside the front door solely for agendas. I recommend they be posted on
that board and on the board in the City Hall lobby.
2. Item Description. There must be a description of each item of
business to be transacted or discussed. Thus, an address should be
included if a specific property is involved, and the type of actions such
as contract or variance should be included. The intent is to inform the
public so they may be aware of the substance of the proposed action.
3. New Items. Subject to three exceptions, action cannot be taken on
items not listed on the agenda. Government Code Section 54952.6 defines
"action taken" as "a collective decision made by a majority of the members
of a legislative body, a collective commitment or promise by a majority
of the members of a legislative body to make a positive or negative
decision, or an actual vote by the majority of the members of a legis-
lative body when sitting as a body or entity, upon a proposal, resolution,
order or ordinance." If the public, staff or members of the body raise
an issue, it usually cannot be finally decided at that meeting; however,
referral to staff or similar action by the chairman does not appear to
be "action taken" and unlisted items may be disposed of to that extent.
Similarly, doing nothing about an issue raised from the floor would not
appear to be taking action as above defined.
The exceptions which allow the taking of action on unlisted items are as
follows:
(1) If the majority of the body determines that an emergency
exists.
(2) If two-thirds of the body (or unanimous if less than two-
thirds are present) vote that the need to take action arose
after the posting of the agenda.
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Page 2.
(3.) The item was on the agenda of a regular meeting held not
more than five days prior to the subject meeting and was
continued.
4. Public Discussion. Every agenda must now contain an opportunity for
the public to address the meeting on any subject within its jurisdiction.
However, no decision can be made upon a matter raised by the public unless
it meets one of the criteria for exceptions noted above (or is not "action
taken"). It should be noted that this provision does not require the
public to be allowed to speak on items which do not require an actual
public hearing when those items come up on the agenda. It only requires
that at some time in the meeting a general opportunity for comment be
provided. Rules can be adopted for limitations or controls upon public
comment. I suggest none of our bodies adopt such rules unless actual
problems arise.
5. Enforcement. The statute provides a variety of judicial remedies for
violations of the posting and taking action requirements, including
nullification of acts and attorney fees; careful adherance to the law
is therefore necessary.
This legislation is effective January 1, 1987. Please have your presiding
officer, secretary or staff servicing your body contact me if there are
any questions regarding its application.
JFC/b