HomeMy WebLinkAboutAgenda Report - July 15, 1987 (60)Fol 1 owing discussion, on motion of Mayor Pro Tempore
Snider, Reid second, Councii introduced Ordinance No. 1403
entitled, "An Ordinance of the Lodi City Council Amending
Chapter 2.04 Of The Lodi Municipal Code Relating to Order
Of Business At City Council Meetings".
Further, Council limited to five minutes, the time allowed
per non -agenda item, for comments made by the public. This
would give the City Council ample time to determine through
discussion whether the "Comments by the Public" falls into
one of the exceptions to the Brown Act (Government Code
§54950 et seq.) under Government Code §54954.2, allowing
council to take action on the item by finding either:
N,
F
F,
Ent,
5�4 Z
3
CITY COUNCIL MEETING
JULY 15, 1987
AMENEfiENTS TO THE
LODI MUNICIPAL CGDE
PROCEDURAL
ORDINANCE APPROVED
ORD. NO. 1403
INTRO.
City Attorney Stein reported on a meeting held on June 8,
1987 in Sacramento comprised of Deputy Attorney General Ted
CC -6
Prim, Mayor Evelyn Olson, City Clerk Alice Reimche, Lodi
CC -138
News Sen'tinel Reporter Julie Schmit, and City Attorney
CC -149
Ron Stein. The purpose of the meeting was to discuss a
problem that came up at the June 3, 1987 Council meeting
regarding the ability of citizens and/or council to d�scuss
non-agendaed items under the requirements of the Brown
Act. As a result of that meeting City Attorney Stein
presented a number of recommendations to the City Council
for consideration.
Fol 1 owing discussion, on motion of Mayor Pro Tempore
Snider, Reid second, Councii introduced Ordinance No. 1403
entitled, "An Ordinance of the Lodi City Council Amending
Chapter 2.04 Of The Lodi Municipal Code Relating to Order
Of Business At City Council Meetings".
Further, Council limited to five minutes, the time allowed
per non -agenda item, for comments made by the public. This
would give the City Council ample time to determine through
discussion whether the "Comments by the Public" falls into
one of the exceptions to the Brown Act (Government Code
§54950 et seq.) under Government Code §54954.2, allowing
council to take action on the item by finding either:
N,
F
F,
Ent,
5�4 Z
3
a) that there was an emergency situation, or
b) that the need to take action on an item arose subsequent
to the agenda's being posted.
Further, Council directed the City Clerk to have printed on
the agenda itself, standard language advising the public of
the five-minute time limitation; as well as standard
language advising as follows:
"The City Council cannot deliberate or take any action on a
non -agenda item unless there is factual evidence presented
to the City Council indicating that the subject brought up
by the public does fall into one of the exceptions under
Government Code §54954.2 in that (a) there is an emergency
situation, or (b) the need to take action on the item arose
subsequent to the agenda's being posted.
"Unless the City Council is presented with this factual
evidence, the City Council will refer the matter to staff
for review and placement on a future City Council agenda."
Further, Council determined that in an extreme case, to
allow for additional agenda items up to five days prior to
a city council meeting. This would require that the
additional agenda item also be posted within the
seventy-two hour limit as provided by Government Code
§54954.2, as well as included in the current agenda.
Finally, Council concurred that Council Members need to
contact the City Clerk to add any additional items or
reports under the council comments portion of the agenda,
unless thr item falls into an exception under Government
Code §54954.2.
r
TO THE CITY COUNCIL
FROM_ THE CITY MANAGER'S OFFICE
SUBJECT
C UNCIL CO DIUNICATIO
DAI'F:
July 15, 1987
Consider Amendment to the Lodi Municipal Code Procedural Ordinance
PREPARED BY:
City Attorney
RECOMMENDED ACTION: I. Amend Lodi Municipal Code §2.04.I00, copy
attached - "Order of Business" by placing item
I. " Comments by city council members" and item
J. "Comments by the public on non -agenda items", on the agenda following
item E.1 "Consent calendar", and prior to item F. "Public hearings", as
suggested in the attached ordinance.
2. Limit to five minutes, the time allowed per non -agenda item, for
comments made by the public. This would give the city council ample time
to determine through discussion whether the "comments by the public" falls
into one of the exceptions to the Brown Act \government Code §54950 et seq.)
under Government Code §54954.2 (copy attached), allowing council to take
action on the item by finding either:
a) that there wac mergency situation, or
b) that the need take action on an item
arose subsequent . the agenda's being posted.
If the city coin it determines by a unanimous vote that.(a) there
is an emergency situatio,,, or determines by a 2/3 vote, that (b) the need
to take action on an item arose subsequent to the agenda's being posted,
then the item would be placed at the end of item K. "Regular calendar" for
discussion, deliberation, and/or appropriate action. If the council
determines that the item does not fall within exceptions (a) or (b), the
mayor can refer the item to staff for a report at a subsequent council
= y
meeting.
I=
3. Have printed on the agenda itself, standard language advising the
public of the five-minute time limitation as recommended in item 2 above;
as well as standard language advising as follows:
I _
I
"The city council cannot deliberate or take any action on a
non -agenda item unless there is factual evidence presented
to the city council indicating that the subject brought. up
by the public does fall into one of the exceptions under
Government Code §54954.2 in that (a) there is an emergency
situation, or (b) the need to take action on the item arose
subsequent to the agenda's being posted.
"Unless the city council is presented with this factual
evidence, the city council will refer the matter to staff
for review and placement on a future city council agenda."
4. In an extreme case, allow for additional agenda items up to f ive days
prior to a city council meeting. This would reouire that the additional
agenda item also be posted within the seventy-two hour limit as provided by
Government Code § 54954.2, as well as included in the current agenda.
5. Advise the city council that they must contact the city clerk to add any
additional items or reports under the council comments portion of the
agenda, unless the item falls into an exception under Government Code
§54954.2.
BACKGROUND INFORMATION, On June 8, 1987, a luncheon meeting was
DISCUSSION AND ANALYSIS: held in Sacramento, comprised of Deputy Attorney
General Ted Prim, Mayor Evelyn Olson., City Clerk
Alice Reimche, Lodi News Sentinel Reporter Julie Schrrit, and City Attorney
Ron Stein. The purpose of the meeting was to discuss % problem that came up
at the June 3, 1987 Lodi City Council meetine recirding the ability of
citizens and/or council to discuss non-agenda,d items under vhe
requirements of the Brown Act. Specifically, the concern is what is the
interplay between Government Code §54954.2, THE AGENDA POSTING
REQUIREMENTS, and Government Code §54954.3 copy attached, THE OPPORTUNITY
OF THE PUBLIC TO ADDRESS A LEGISLATURE BODY on items of interest to the
public that are in subject matter jurisdiction. GC §54954.3 appears to
allow individual(s) to bring up subjects before the city council and allow
discussion, but with the caution that there can be no action taken on the
item unless there is information before the legislative body that there is
either (a) an emergency situation, or (b) that the need to take action arose
subsequent to the posting of the agenda. (GC §54954.2)
Mr. Prim cautioned our group that "action taken" not only includes the vote
by a majority of the members of a legislative body when sitting as a body or
entity; but also a positive or negative collective decision, commitment or
promise ma0e by a majority of the members of the legislative body. (GC
§54952.6, copy attached) When one looks at the language of the legislative _
intent in the Brown Act, one finds that it applies, not only to "action
taken", but also to "deliberations".
It was suggested by Mr. Prim that when a member of the public brings up an
item which does not appear on the agenda, that the council ask appropriate
questions to determine what council action is required; whether it be
referral to the staff, or that immediate action on that particular item is
required. If referral is the decision, the Mayor would refer the item to
staff, to be brought back on a future agenda. This would not be considered
"action taken". Otherwise, the council must determine by a 2/3 majority
vote that there is an immediate need to take action, and that the need arose
subsequent to the agenda being posted, and at that point, the city council
may further discuss and deliberate on the item, and take the appropriate
action.
One salient comment made by Mr. Prim was that GC §54954.3 - THE
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE LEGISLATIVE BODY was never
intended to permit members of the public to bring a citizens group to a city
council meeting for the purpose of a public hearing on an item that has not
been agendaed. Mr. Prim felt that this was not only unfair to the city
Page 2
council, but it was unfair to the
particular item was being brought
be used as a subterfuge to avoid
could therefore violate the intent,
persons not in attendance and unaware that
up. Further, Mr. Prim felt that it could
having an item listed on the agenda, and
if not the letter of ti;e Brown Act.
To avoid the problem of the citizens group taking over the floor on a
non-agendaed item, GC §54954.3 would permit a city council to pass
regulation, limiting the amount of time which an individual(s) may speak on
a non-agendaed item. For example, adapting a five-minute time limit
would give enough time for the individrial to address the subject, and to
state enough facts for the council to determine whether there is a need, to
take action immediately, because of an emergency situation, or that the need
to take action arose subsequent to the posting of the agenda, or whether it
is an item which can be referred to staff. (GC §54954.3(b), copy attached)
This time limitation would avoid the council's getting into more Char: a
minimal discussion to get the facts out on the table prior to making a
decision.
In order to avoid individuai(s) waiting for long periods of time for the
opportunity to speak under "citizens' comments on non -agenda items" , that
item could be printed on the agenda between the "consent calendar" and
''public hearings". If the council determines that there is an emergency, or
the need to take action arose after the agenda was prepared, then they can
vote to hear the item, and shift the item to the end of the regular
calendar.
The reason this two prong approach is suggested of making the initial
determination and then shifting the item to the end of the regular
calendar, past the "public hearings" items, is that the individuals who are
attending the meeting for a noticed public hearing or a regular agenda item
should be given priority, since they had followed prescribed procedures to
have their item placed on the agenda, whereas the people speaking during the
"citizens' comments" portion are just coming out from the audience with
questions and comments.
City Council Discussion of Non-Agendaed items.
As to city council members bringing up non-agendaed items under I.
"COMMENTS BY CITY COUNCIL MEMBERS", Mr. Prim was concerned about the city
council giving direction on an item, such as asking the staff to write a
letter on a piece of legislation, etc. His reasoning is that, unlike the
public, the council cannot discuss items that are not on the agenda (GC
§54954.2), unless they can determine that there is an emergency situation
or the need to take action arose after the agenda was posted. It was
therefore suggested by Mr. Prim that, if the council member has a report on
a meeting attended, or wants action on a particular item, that they give
3 '.
notice to the city clerk to place that item on the agenda. However, if the
7 .;
council is aware of an emergency situation requiring immediate action, there
would be no problem with them addressing that at the council meeting, since
it would probably fall into an exception under Government Code § 54954.2.
If the proper vote is taken, immediate action can be taken. If it is a
problem of a lessor nature, the council member could give the location of a
problem area and at that point have the Mayor refer that item to staff. The
Page 3
°_
referral +,-- staff wouid bc w-,y
action taken. I wGuld -Mt- Ube Considered
Respectfully submitted,
RONALD M. STEIN
City Attorney
attachments
cccbrnac/txta.olv
C
C
C
2.04.100 Order of business—
Assembly of officers.
P t the hour set by this chapter or other
ordinance on the day of each regular
meeting, the members of the council, the
city clerk, city manager and city attorney
shall take their regular stations in the
council chambers and the business of the
council shall be taken up for considera-
tion and disposition in the following
order. except that with the unanimous
consent of the council. matters may be
taken out of order and that the order of
business set forth in this section may be
changed from time to time by the adop-
tion of a resolution by the city_ council:
A. Roll call:
B. invocation:
C. Pledge of allegiance:
D. Presentations:
1. Awards.
2. Proclamations:
E. Reports of city manager.
I. Consent calendar:
F Public hearings:
G. Planning commission:
H. Communications (city clerk).
1. Comments by city council mem-
bers:
J. Comments by the public on non -
agenda items.
K. Regular calendar:
L. Ordinances:
M. Adjournment. (Prior code § 2-9)
2.04.110 Approval of minutes.
Unless the reading of the minutes of a
council meeting is requeste r. by a mem-
ber of the council, such minutes may be
approved without reading if the clerk has
previously furnished each memberwith a
copy thereof. (Prior code § 2-10) ,
13
O4.100
'.I)4.I20 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 thechair. subject
only to such limitations of debate as are
by these rules imposed upon all mem-
bers. He shall not be deprived of any of
the rights and privileges ofa councilman
by reason of his action as the presiding
officer.
B. Getting the Floor. Decority and
Aptness. Every memberdesiring to speak
shall address the chair, and, upon recog-
nition by the presiding officer, shall con-
fine himself to the question under debate.
avoiding all personalities and indecorous
language.
C. Interruptions. A member, once
recognized, shall not be interrupted
when speaking unless it be to call him to
order. or as otherwise provided in this
chapter. If a member, while speaking, is
called to order, he shall cease speaking
until the question of order be deter-
mined. and, if in order, he shall be per-
mitted to proceed.
D. Privilege of Closing Debate. The
councilman moving the adoption of an
ordinance or resolution Fhall have the
privilege of closing the debate.
E. Remarks of Councilman. A coun-
cilman 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.
F Rules of Order. Except as otherwise
provided in this article, "Robert's Rules
ORDINANCE NO.
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING CHAPTER 2.04 OF THE LODI MUNICIPAL CODE
RELATING TO ORDER OF BUSINESS AT CITY COUNCIL MEETINGS
BE IT ORDAINED BY THE LODI CITY COUNCIL.
SECTION 1. Lodi Municipal Code Chapter 2.04, Section 2.04.100
"Order of business --Assembly of officers", is hereby amended to read
as follows:
"At the hour set by this chapter or other ordinance on the
day of each regular meeting, the members of the council, the city
clerk, city manager and city attorney 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 out of order and that the order of
business set forth sn this section may be changed from time to
time by the adoption of an ordinance by the city council:
"A. Roll call;
B. Invocation;
C. Pledge of allegiance;
D. Presentations;
1. Awards,
2. Proclamations;
E. Consent calendar;
F. Comments by city council members;
G. Comments by the public on non -agenda items;
H. Public hearings;
I. Planning commission;
J. Communications (city clerk);
K. Regular calendar;
L. Ordinances;
M. Adjournment."
SECTION 2. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi
News Sentinel", a daily newspaper of general circulation printed and
-1-
published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
Approved this day of
EVELYN M. OLSON
Mayor
Attest:
ALICE M. REIMCHE
City Clerk
State of California
County of San Joaquin, ss.
-
I, Alice M. Reimche, City Clerk of the
City of Lodi, do hereby certify
that Ordinance No. was introduced at a regular meeting of the
City Council of the City of Lodi held
and was thereafter passed, adopted and
ordered to print at a regular
_
meeting of said Council held
by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
s
I further certify that Ordinance No.
was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
ALICE M. REIMCHE<,.
City Clerk:..
Approved as to Form
RONALD M. STEIN;_::
City Attorney'_
ordproce/txta.01v -2-
`."
§ 54952.3 CITIES, COUNTIES, ETC.
hear grievarwe kith respect to Pro;,osed
disEharge of an oral)lovee of the oluiicipal
railway syste[n Has not a -legislative
body" as defined by the statute, nor was
the hearing; a "meeting" within meaning
thereof. and thus such statute dill not -re-
quire that such bearing be public. Wilson
v. 'San Francisco Nlunicipal Ry. (1973)
105 Ca1.Hptr. 555, 2`9 C.A.3d 870,
Title 5
Meetings of a loc:,i ad-nissio:is cotr,tnit-
tee of a county- superintendent of schools
relating; to the admission of an e,ineation.
ally handicapped child in special e:lueation
classes are not subject to the Ralph 31.
Brown Act. 56 Ops.Arty.Gen. 14. 1- 101-
73.
§ 54952.5. Legislative body as including permanent boards or
mn missions of local agencies
As used in this chapter "Iegislative body" also includes, but is
not limited to, planning commissions, library boards, recreation com-
missions, and other permanent boards or commissions of a local agen-
cy.
(Added by Stats.1961, c. 1671, p. 363#, § 2.)
Historical Note
The introductory provision of $ �' of "Section 5495'_'2' is added to said code,
Suttt.lJti1, C. 1671, p. 3637, adding this to read". Both the title anti the text of
section read: the act, however, used section
Law Review Commentaries
Land deielopment and the euvironment:
Sutsiivisiou clap Act. (19-,4) 5 Pacific
I.J. IN5.
Notes of Decisions
1. In general
The SOFAK eoordiunting committee is
subyect to the oven meeting requirentents
of the Halplt M. Brown Act if, upon reso-
lution of the factual question whether it
is two subconuoittees or a single cotnntit-
tee with independent existence, duties anti
functions it is in fact a mingle coulrlittee,
but if it is in fact two subcomulittees then
the "less than a quorum" exception would
he applicable, &I Ops.Atty.Gen. Z56, 7-
1.1-91.
§ 54352.6. Action taken, definition
As used in this chapter, "action taken" means a collective deci-
sion 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 a negative decision, .or an ac-
tual 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.
(Added by Stats.1961, c. 1671, p. 3637, § 3.)
582
i
§ 54953
F 519.53. Meetings to be open and public, attendance
Crow Rerertacns
school rspultlal heattrrt, eb4ina CK -Mins to Pohle[,
as Edwitleoft Cade 1 41911.
La. Rt.ie. Coiunentarka
No. C.11(—,a melon the neva mesa Jw JS sylyes-
ter. 26 $anti Clan L.Ree. 341 (1916)
Noe.• er Nirkslo"I
3. Meetings
Secure d notert+blie eontacr to rh.h quwm d krill
rN_,CIornlrnt aper" oils ts. i•r•r el an) encs tune •u
r—te•d by PubM —,.; W. ohm centile" ►tet
planned by or Mid .rth cotktnt eawrurrrwv of 4—
d
hudn,
y IJ raldy ileac.. p.hiec% b..—. mlert J,re,C, au
indurctt) throurh •rete) or --I- srnti,rn Near
MPe^• Inc- , Membri of Retlntle+jx . I Almy d Cit)
I,( S!ockton (App. 3 Dtu 19151 lea Cat RMr. W. 171
C A M 10
Stix. rd h Port K Irkphcn,t ax toceo. rich t.a.eru
nv„•+r <d!real de,elnpnrnt .8—Yted , so—", for
C.l�nax•1) aures pulp— Or obtainer ct✓let tr.e -4-
-I I ce r oven to Motto) d that be'31 o—m'nl V4.46C
husu,ra 11-11!utid "o evottr" .nbm purse,. of P.N.
,sere.; Ito, st-rotten Ne.apwm Inc r. Memhm d
Re,J rkq,n,noV Agree y of CRY of Stoc"o9 (APq. 3 Pew.
!9651 214 Cal Rpr. %I. III CAM 95
Crxrtp of Under p9hbe eert•enrr la. crni
hende 10-1 Iteriom W .hash Meal Y.re.tme r beefy ca+m-
taira itself 1141cclietiy to Peintevtar Nitirr drcaNa. vneera-
io-r p96tic t•uunew. 5'elcl Mn N—remel, Inc t motnl.ta
d Redre,kepeernt A,#, y d City d 51-61on (App 3
Dila. 1"31 lit Cat Rpt[ 561. 171 CA M 95
MMM; tarteePx d p,etehe matwr 4. esnrx9 lin an.fryd
euclwi.rly b edho scooe by kecll ,henry of 0,Ithentinp
GOVF• N,NSENT CODE
but rather. comprehends both End eviller Stockton N*e +
papers, Inc r. Perin" of Rrei-ekVilenl Agency of Ctry
d S1trkl- (App. 3 ptu 1'.95) 214 Ca1.Rptr. Sol. 171
C A 3d 93.
{. F..rntite a+.ka. e.serd!y
Th,e ,ertr,n sod } 5+957 ,.-,,0,1 eecl-.,roil, 4 jn!N,c
donor niy awnnl —stone at ►h.h uv d nrwkcted
,icy afRCrn M emrl.eym art dnrua-t•:! -J-1 deuram,t
,.Cuero ►hen %;-.fr my kevd e..?r r.', Or en.M-.KI pt•
p.Aw,n.eier n nalwrr.! e,ry —,,,1 %1 , 4 'tel :a nau-
t„e,h., purse— roily .MI. o,r— JC;e.n n.nl ,f
the IMb,edWl eccrine• 4W, tsp,f-,cols NAJ penPrrty
"lied. T"hlec mrcuna to dominos,, filet aat;,rat rr„rt1 Sen
hxyo I'n.n , Cary (CCs.—I a 0,5 rf San Ihcrn IApp 4
INN 1911) 196 Cel 9 M 1 4e, IM C A .Id -.47
mvet,nr or Nw:d "I J,rrctrnt .nil -w- mmon,rlet of
S„ln•.,, Econe.nx tky,t.,Pr,tnt CrerP•rxei.n err vice wbyeyi
to ore's" tn«rmr rgwr,tnrnr of R." M Arc., Act,
(()0. C 1 5469% of , 41 467 Oree Ally Gm 447, 11-20-U
I. M.W I.p elvia less, r.*.A
An ei,rt•ry n,mmrtter r—led M 1h, to rti :,f aw,.rni
lore M wh rt crei .N7ser1 wpm rn.7 me, w0, re o. I �n
ck-_4 aewain to It w hteper,n M ►hall !hr Mrrt_ r 11.
Party ..•pr,eecr n+i the ntereNi 4 ow Crones 67
CIy+Ally (in I11. 1 24.44
P6. YkbtJ..0--tr ptv.91
It -,aid tin le rr41— or t). Ralph N Iki ei. Act
(1 %4930 r eeq) fur mtenter, d a nny t a al or hold .
cess rd ebne.l dacw.r.r ►,ih nr,rr+r M,tnr matte, Of
buuewas P.ndox llt1,ry them I Jnher nr [,ours ,n(,
Men rrardn,a Ihcw matter, cher, It. dxruuinna see Wei
auan.rn darn " air .n rtutned to souse Ove .
g9oxum of it. .x —I ,rdi ext 1u 1-rree'91 u icy peen
txetanr. $5 Olin Atry cin 61, 1.22 42
§ 54954-T. Agenda: posting; action on other matters
(a) At kart 72 hats before a regular meeting, the legvlisuve, body of Lila keral agency, or its
designee, shall pot an trends containing a brief general ticaerption Of rarh it,.n of inislnc•ss to be
transacted 0'
discussed at the meeting. The agenda shall specify the unle and location of the
n•i-ul:cr meeting anisFuii'be. jZ4ied in a k+cation that is freely aceesliblr to memtn•r, of the public.
metro action :hal; be taken an any item not appearing on the posted wrida.
(b) tintwithttanding wtedivaion (al, the irgulative body may take ar•twn nn iiorw of buatnesa not
appearing on the patted arenda, under any of Lhe following ccmdt, ire
(1) Upon a determination by a rnayutty vote of the legislative I -Ay that an cro rgertcy situation
exists, as defined In Section 549:,6.5
(2) Upon a determination by a twolhirds vote of the ley,•isative hod), or, if Iwa than two third,o of
the memberh are pmwvL n una M—OulTSote of thus• rnrmbere, perxent. that the need to take acte,,n
arose sub%Nuent to the agenda bring posted as Wcified in sutdivaim (a)
(3) The item was posted pursuant to subdivision (a) for a print meeting of the legiav lative terdy
occurring not more than fire calendar days prior to the date saws is taken on the itcm, and at the
prior meeting the item wan continued to the m4eting at w ch action is being taken.
(Added by stata.1986, e. G41. 15.)
54954.3, Oppurtuaity.tor puklie to address legislative body; regulations
(a) Every agenda for regular meetings stall pmrale an uppartunity for rnetn(rs of the• public to
directly address tho legislative body on items of interest to the public that are within the subject
Undertiner Indicates, changes or addtions by amondmont
132
§ 54°r6.5
GOVERNNIF:NT CODE
matter ftlri.9diclion of the legislative body, provided that no action shall be taken on any item not
appearing
2ng} on the {owevera o the
easeOftile
ng of a cn is ity council in 1, city or a board of supervisors by subdiYipion iof cin a
cit}' and county, the n enria n"d not provide an opportunity for members of the public to address the
council or a Ani on any item that hit already been considered by a committee, composed exclusively
of memM•rs of the Council Or I,cnrd, al a puhliC ILeetil,l wherein all tole rests memlxr.!of thasplxycn
were afforded the opportunity UI address elle cnmmiUrr on tile term, unless the •'
SUbFlallllally CI1anK�I , , the committer heard the item. as determined by the council or board.
Q,) The legislative M,dy of a "cal agency may 'pnrrr•imitedlto. regulatnuo+ limit ensureK thr "lel
intent of s,imwosi„n (a) is carried out. inciading, ❑(
amount of time all,rated for jrdblic testimony on particular Issues and for each individual s{/raker.
(ridded by State., r3f,, c. Cosi, ¢.6_i
1 "9s6. Swint meetings; call; notice
A fijxMlxl mrrttng may tr Wiled at any time by the prrsuling nf(irle ,•felnermKfil"tive ^`cynallv or by
1•cxl arenas. a by a ma•��rity of the mcmtxrfi Of Of
the legislative laxly, y !
stall written silt:[, lei each nvlmM•r of the leoslative troch and to each lural oc%spajx-r of general
tirralat:nn, radio nr tele -stems stati,.n requesting notice in writing The notice shall tip delivered
jxeraonally or by mad and &hall tor. rte ived at least 24 hours brfore the time of thI meeting still
e inreung as
slw,•if,ed in the notcr. 'rhe call and nonce shall specify the time ons Aered at these-IMinot-, I _v elle
r+ F,• ran,actc• tis seller Ill, cr.s fihall b• _ -
i.•I(slativr [,seas, nr ,v r?TL !I nolle, may tx• rlisp,ensed will, ass In any mcrntx•t olio al ar I'nur D+ else
ctarY Of
time the olactm� eotte
ns n++ psis s vii,}; Ue`leClerk
yse"r ? e written nob, tnayt also Ile ivptd,spa lisediwith as ver oto,
noise,. Thz a:Nrr may ix' wi y K . _.
any rnrmtx•r who is xctvaily present at the nnvrtt at the time It coovenec \nice sh:Jl M• ry:lend
pur6nant to thin section rr=gardlrss 9f whether ani arson Is titles at the lig ny m,rtinK-
The call and r..D!T-
mrmbcrF lit /
(Amen -led hY Stat..l9i'f, c.
d
Nat. d Dy Mose
Clre.,d aistyst9ne .1t:. eanteM 5
s. C.lwed Sisr••Joan +146 ritlrrne
Ii •<,9N to • e>,,i.rnn of IM Ralph N Ilr•:.n All
(I 54-50 It ar9> fTM nemtrr n( .coy C_ I u. MAd a
yon d 1,—t Awuy n+ay .,Ill nnrni. barxq m.npy I
Mn.nn prndmr tefiae Ihtm m;rO,rt .x posey minlrna
Moi rrarJnq thew mases where ehr sl,a.uwwm ere hcl.l
on atatui,t lots and rt w Plum el. in, asst sum
qurx9m d the enured .!11 not M P
merino 64 o)p. Ally lien 61. 1-11-a2
1 515&6.5. F:mrrxency rrertinxa in emrrterecy artuallooe
ot-
In the c,else ref an rm••ri'nrri y situation im'olving matters ujem wStch prompt action is necessary J of l ! an
Ur the• •1s^lepton or ehr, a".ned disruption of public facilities, A lego'latvere Grxly e:ny
erne rgrn!y rnerUng wr,hnut c,iml,lying with either the 'L4 -hour el, trio creel nlr tf•u nine We 2•i_hour
is!my.rr,la rernen r f ace, >i9r,6 or t rit o� ells -note,, an 1 . }, _.:1 - Fons
r purposes of this htrnergrlµ which xreerel.rirnfnlrti yl'uhi�„•}ccallth. .ca trey. or Mrth. an
(al on
11',.rk ,ti,ppixge ler other arvvit)
det•rminrvl by a rnajnrity of 4,.• memtK•rs of the legis!a:ive lxrty •feUmm-
�ed by a
no Crippling disaster whi:• l severely nnpair& public health. safety. or Mrth. as
mcly'rity of thmembers of elle IegtxL.tse Swdy.
pinwever, each in^al nrwspajx•, of ger,ral noble lationnafe111.d�sh:eljo l trltnntdlcdvision sby the pr.•-uhtog
requested oc'Ice I aIwcul n•,ecOr f nese hours prior to ells• eo.,-rgcncy m'.. -ting by
officer of the legislative ho' Y, or designee there<+!, l'
trlephor•r and All Lrlephnne numbers pravidlYl in the most recent r!•qucst of such newspaper or
station for notification of 6jen,d meetings shall be etx-hausted. in Illi o'vrnt that alephnur se:r•'+ces
are nit functioning tile ;nice requirem(-nta o:—tOtS 'sr7non ah:di 14 dernued wadies. and the
legislative brAy, or (fesignte of ehr Ie �•_I_tionA, Or
sj_at_i_te billy, shalt notify those rcws!'ai"' ase nfradirthe meeting
ng
and vany raction tskenstAtiOnS of tat thche tmr •tlr;' 3slsoon aftc1r the meeting astpossible.
ing. Lhe pu�
Aatariska ' ' ' Indicate deletions by amendment
1.33