HomeMy WebLinkAbout31-Council Office
~CI1(j OF, SAN BERNARDlcp - REQUIOT FOR COUNCIL ACOON
From: Councilman Jack Reilly Subject: Legislative Review Committee Report
Dept: Council Office
Date: April 26, 1988
Synopsis of Previous Council action:
Recommended motion:
That Minutes of Legislative Review Committee meeting held April
21, 1988 be received and filed.
~
,j:\
\ \"..
\.
\-+.-~'~
'Sig ture
,
Contact person:
Phil Arvizo
Phone:
384-5208
Supporting dete etteched:
Yes
Werd:
N/A
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (ACCT. NO.)
IACCT. DESCRIPTION)
Finance:
Council Note.:
n.oln
Agende I tem No,
~I
~
o
o
o
o
LEGISLATIVE REVIEW COMMITTEE
April 21, 1988
ATTENDEES:
councilman Jack Reilly - Chairman
Councilman Tom Minor
Acting City Administrator - Jim Robbins
Depty. City Admin/Development - Jim Richardson
Deputy City Attorney - Cynthia Grace
Planning Director - Ann Siracusa
Council Executive Assistant - Phil Arvizo
Mayor's Executive Assistant - Richard Bennecke
The Sun - Pat McGreevey (Item 3)
1.THRESHOLD FOR DISCRETIONARY REVIEW - PLANNING DEPART-
MENT. ORDINANCE IN CITY ATTORNEY'S OFFICE FOR REVIEW and
2. GREENBELT STUDY - REFERRED TO FIRE COMMISSION WITH
RECOMMENDED APPROVAL BY FIRE COMMISSION TO CHAIRMAN REILLY.
The Committee received an oral report from the Planning
Director which will be included in the General Plan and
presented to the full Council as the Implementation Policies
for Interim Land Use Decisions. Since this item was to be
presented on April 22, 1988, the Committee took no further
action on these two items.
3. RESOLUTION ESTABLISHING A STANDARD POLICY FOR PUBLIC
ACCESS TO MEETINGS OF THE STANDING AND AD HOC COMMITTEES OF
THE COMMON COUNCIL - The Committee recommended acceptance of
the recommended resolution.
Meeting adjourned.
uncilman Jack
Chairman
Legislative Review Committee
JR:~
Attch.(l)
..
o
o
o
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO.
RlSOLO'1'ION OF TBE MAYOR AND CONNON COUNCIL OF TBE CITY or
SA. BBRRARDlRO ESTABLISHING A STANDARD POLICY FOR POBLIC ACCBSS
UI'I'INGS or TBE STANDING AND AD ROC COMIUTTEES OF TBB CONNON
OUNCIL.
WHEREAS, the Ralph M. Brown Act (Government Code Section
54950 et seq.) sets forth the requirements that meetinqs of
ublic aqencies be open to the public subject to certain limited
exceptions, and
WHEREAS, Government Code Section 54952.3 provides that such
requirements do not apply to committees composed of Ie.. than a
quorum of the Common Council, and
WBEREAS, Government Code Section 54953.7 allow. the Co..on
Council to impose requirements upon itself which allow qreat.r
access than the minimal standards required by the Ralph M. Brown
Act; and
WHEREAS, it is fittinq and proper that the public be
allowed qreater access to the meetinqs of the committees of the
Common Council than would otherwise be required by state law, but
at the informal committee level it does not seem appropriate to
provide the same procedures and access as is required for full
meetinqs of the Mayor and Common Council.
ROW, TRBREFORE, BE IT RESOLVED BY TBE MAYOR AND COMMON
COONCIL or TlB CIn OF SAN BERNARDINO AS FOLLOWS,
1. Unless specifically provided otherwise by the Mayor and
Common Council, all meetinqs of the standinq and ad hoc
committees of the Common Council shall be held and conducted
pursuant to the provisions of the Ralph M. Brown Act except as
otherwise provided herein.
2-16-88
1
g,
A
o
o
o
o
1
2
3
4
5
8
7
8
9
10
IJ
12
13
14
15
18
17
18
19
20
21
~
~
24
~
~
~
~
z. Tbe ti.e and place for the reqular .eetinqs of Itandinq
o..itte.., aad of all .eetinqs of ad hoc committees, sball be
et by action of the committee involved, except that when dee.ed
ecessary by the committee chair, or by a majority of the
ommittee, the .eetinq ti.e or place .ay be adjusted te.porarily
r special .eetinqs .ay be called. Th. deter.ination of luch
hanqe shall not be considered to be a .eeting under the ter.s of
this resolution or the Ralph M. Brown Act. Notice of such
hanqes and of the ti.e and place of the .eetinqs of ad boc
ommittees, shall be qiven to any individual witb a standing
ritten request for such notice filed with the committee. Such
requests shall be valid for one year from the date of filing.
3. Except as provided in Govern.ent Code Section 54'5'.5,
an aqenda containinq a brief qeneral description of each ite. of
business to be transacted or discussed at the .eetinq Ihall be
posted in the lobby of City Ball and such otber locations as
directed by the committee at least 24 hours prior to the
commencement of a meetinq of a committee.
4. If circumstances arise requiring immediate committee
action or consideration between committee .eetings where it is
impractical to call a special meetinq, the committee members may
b. coatacted individually by telephone or in person. Any
decision arrived at from such contacts shall be noted at the next
reqular or special committee .eeting in eitber open or closed
session as dictated by the subject matter, and shall be reported
to the full Mayor and Common Council in either open or closed
session, as appropriate.
2-16-88
2
.0
o
o
o
1 5. Tb.r. shall be no requir.ment to provide on th.
2 o..itt.. agendas that members of the public may dir.ctly address
3 be co..itt....
4
5
6
7
8
9
10 he City Attorney shall determine which members of .taff or
11 thers are necessary to remain for the closed session. conduct.d
12 under the authority of Government Code Section 54956.9. De.p~t.
13 the provisions of Government Cod. Section 54956.8, th. couitt..
14 need not disclose publicly, either before or aft.r the closed
15 session, the real properties which negotiations may conc.rn, nor
16 the person or persons with whom its negotiator may negotiat.. In
17 addition, the committee may allow the person or p.rson with whom
18 the negotiator is to negotiate to attend the closed session.
19 Such attendance shall not convert a closed s.ssion into an open
20 session. Por closed sessions conducted pursuant to Government
21 ode S.ction 54956.9, the legal justification memorandum need not
22 e provided. The results of any closed session conducted by
23 ommittees shall not be announced publicly but may be reported to
24 the Mayor and Common Council either publicly or at a legally
25 established closed session of the Mayor and Common Council. No
26 minutes shall be kept of closed sessions of committees.
27
28
6. Closed sessions of committees .ay b. held for any of
the reasons specified in the Ralph M. Brown Act where th. Mayor
nd Common Council could hold a closed session. The couitt.e
shall determine which members of staff or others are n.cessary to
remain for those closed sessions conducted under the author ity of
Government Code Section 54956.7, 54956.8, 54957, and 54957.6.
2-16-88
3
1
2 54"G; 54"0.1, and 54"0.5, shall not apply to meetings of
3
4
5 adopted by the Mayor and Common Council of the City of San
e Bernardino at a
7 on the
8 vote, to vit:
9
10
11
12
13
14
15
16 of
17
18
19
20 Approved as to form
and legal contentr
21 L 1, 4.- ~
:: ~Attor~ef
.
o
24
25
26
27
28
o
o
o
7.
Tb, provisions of Government Code Sections 54959,
oaaittees of the Common Council.
I HEREBY CERTIPY that the foregoing resolution vas duly
meeting thereof, held
day of
, 1'88, by the folloving
AYESr
Council Melllbers
NAYSr
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
, 1988.
Mayor of the City of San Bernardino
2-16-88
4