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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 ,%W. �s6�Hv., ire �.ao 0 November 3, 1986 TO: CITY COUNCIL, CITY CLERK, PLANNING COMMISSION & ALL CITY BOA, & COMMI,�SIONS FROM: CITY ATTORI�Y ' C 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. -1- 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