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HomeMy WebLinkAboutSpecial Meeting Notice o o April 16, 1992 TO: RE: Special Council Meeting NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino have called a Special Meeting of the Mayor and Common Council for 12:00 p.m., Friday, April 17, 1992, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 1. Said Special Meeting shall be for the purpose of considering possible action concerning the "Arrow Vista Project/Dukes- Dukes & Associates". 2. Closed Session. MOTION: That the Mayor and Common Council recess to closed session for the following: a. to give instruction to the CitY's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: . , b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the litigation pursuant to 54956.9(b)(I), as there litigation; attorney regarding pending Government Code Section is significant exposure to o o f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(a) which has been initiated formally the City is a party. pending Section to which RACHEL KRASNEY City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF SAN BERNARDINO ) I HEREBY CERTIFY that notice of this Special Council Meeting was served by handing a copy of this notice to: on , 1992, at Server: Title: . o o City of San Bernardino INTEROFFICE MEMORANDUM R~('~!\W" J'! 1\""'1- ,. '}" '^L~r.r< '92HPR 17 P12 :07 ", TO: FROM: Ken Bender~, Executive Director DeVeloPDIE7llt Department w. R. "Bob" Bolcomb, Mayor DATE: April 17, 1992 Special Meeting of the Community Development Commission SUBJECT : COPIES: Rachel Krasney, City Clerk ------------------------------------------------------------------ I have not received personal notice of this meeting within the prescribed twenty-four hour notice. I will therefore not be attending this meeting and protest any action being taken. Furthermore, for your information and for the record, no one in my office has ever been aut ized to accept service on my behalf, for special councilor co i~ron meetings. /' /' ---7~ /'_.' , Mayor . o 0 C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM TO: James F. Penman, City Attorney FROM: Dennis A. Barlow, Sr. Asst. City Attorney DATE: April 17, 1992 RE: Notice of Special Meeting I understand that four members of the Council called a special meeting of the Mayor and Common Council and of the Community Development Commission for today at 12:00, to discuss the Dukes and Dukes project. The exact issues of the discussion are unclear. I understand the notice of the Council meeting was delivered to the Mayor prior to the 12:00 deadline yesterday but the notice of the Commission was not served until after the 12: 00 hour. The specific language relative to special meetings is found in Government Code S54956 as part of the Ralph M. Brown Act: "A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering personally or by mail written notice to each member of the legislative body and to each local newspaper of general circulation, radio or television station requesting notice in writing. The notice shall be delivered personally or by mail and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative bOdy a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. Notice shall be required pursuant to this section regardless of whether any action is taken at the special meeting. "The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public." The purpose of the Section is clearly to require that' all members of the legislative body (of which the Mayor is the presiding officer) are notified of a special meeting. This forecloses the possibility of a quorum calling a special meeting DAB/ses/Notice.mem o o ~ TO: RE: PAGE JAMES F. PENMAN, CITY ATTORNEY NOTICE OF SPECIAL MEETING 2 and taking action on an item without the knowledge and input of those who might be opposed to that cause of action. The notice must be given in writing to each member, unless he or she waives notice in writing or unless the member appears at the meeting at the time it commences. If the member appears at the meeting he or she obviously knew about the meeting he or she obviously knew about the meeting and is present. The notice requirement is satisfied. The Statute does not provide that the member may appear at the meeting to challenge the adequacy of the notice. Nor does it provide that the member may dispense with the notice. The language relating to dispensing with the notice relates to the giver of the notice which would normally be the Clerk. If the notice was not received by the Mayor in a timely manner as assumed above, and the Mayor is not present when the meeting is to commence, the meeting may not take place. If the Mayor does attend he thereby waives the inadequacy of the notice. Of course, if the notice to the Mayor of the Council portion of the meeting was timely and the Mayor does not attend, the Council may proceed to meet with the Mayor pro tempore presiding. However only Council matters as shown on the Agenda may be discussed. Outside of the closed session items, the call, which restricts what may be discussed, appeared to contain only a Commission item. In my view it cannot be reasonably argued that the Mayor could appear for the Council portion of the meeting and either not be present or challenge the notice relative to the Commission portion of the joint meeting. ~a&e. r DENNIS ARLOW ~ DAB/ses,' ice.mem