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Brown Act Compliance Policy

Agendas

The City Manager, in cooperation with the City of Portola (City), City Council (Council), and Mayor, shall prepare an agenda for each Regular and Special meeting of the Council in accordance with the Ralph M. Brown Act (California Government Code Section 54950]. Any  Councilmember may request any item to be placed on the agenda by following the procedures laid out in the City  Council Procedures Manual. 

Any member of the public may request that a matter directly related to Council business be placed on the agenda of a regularly scheduled Board meeting, subject to the following conditions:

  1. The request must be in writing and be submitted to the City Manager, together with supporting documents and information, if any, at least fourteen business days prior to the date of the meeting;
  2. The City Manager shall be the sole judge of whether the public request is or is not a "matter directly related to District business." The public member requesting the agenda item may appeal the City Manager's decision at the next Regular Council meeting. Any Two Councilmembers may request that the item be placed on the agenda of the Board's next regular meeting.
  3. No matter which is legally a proper subject for consideration by the Council in closed session will be accepted under this policy;
  4. The Council may place limitations on the total time to be devoted to a public request issue at any meeting, and may limit the time allowed for any one person to speak on the issue at the meeting.

This policy does not prevent the Council from receiving public comments at Regular and Special meetings of the Board on matters which are not on the agenda that a member of the public may wish to bring before the Board. However, the Council shall not discuss or take action on such matters at that meeting, other than providing brief general directions to staff regarding the matter, if appropriate.

At least 72 hours prior to the time of all Regular meetings, an agenda, which includes but is not limited to all matters on which there may be discussion and/or action by the Council, shall be posted in a place that is freely accessible to members of the public (California Government Code 54954.2 (a)(1)). If the District maintains a website, the agenda shall be posted on the website for public information at the same time. All information made available to the Board (except confidential information allowed by State law per legal counsel authority) shall be available for public review prior to the board meeting.

The agenda for a Special meeting shall be posted at least 24 hours before the meeting in the same location as for Regular Meeting agendas (California Government Code Section 54956).

The City Manager of the meetings described herein shall determine the order in which agenda items shall be considered for discussion and/or action by the Council, subject to re-ordering of the agenda by the Council at the meeting.

Meetings

  1. Regular Meetings of the City of Portola, City Council shall be held on the  second and fourth Wednesday of each calendar month at 6:0 p.m. in the Council Chambers at City Hall.
  2. Special Meetings of the Council may be called by the Mayorr or by a majority of the Council by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television stations, requesting notice, in writing and posting a notice on the City's web site. The notice shall be delivered personally or by any other means 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 or discussed. No other business shall be considered by the Board at these meetings.
  3. Emergency Meetings. In the event of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, the Council may hold an Emergency Special meeting without complying with the 24-hour notice. An emergency situation means a crippling disaster which severely impairs public health, safety, or both, as determined by the Mayor or a majority of the Council. Newspapers of general circulation in the City, radio and television stations which have requested notice of Special meetings shall be notified by at least one hour prior to the emergency meeting. In the event that telephone services are not functioning, the notice requirement of one hour is waived, but the Board, or its designee, shall notify such newspapers, radio stations, or television stations of the fact of the holding of the Emergency Special meeting, and of any action taken by the Council, as soon after the meeting as possible.
    Closed session may be held during an Emergency meeting by a unanimous vote of the members present, and all other rules governing Special meetings shall be observed with the exception of the 24-hour notice. The minutes of the Emergency meeting, a list of persons the Council or designee notified or attempted to notify, a copy of the roll call vote(s), and any actions taken at such meeting shall be posted for a minimum of ten days in the City office as soon after the meeting as possible.
  4. Adjourned Meetings. The Mayor has the power to adjourn City Council meetings. 
  5. Standing Committee Meetings. The meetings of standing Committees are subject to the notice and open meeting provision of the Brown Act.

The City Clerk shall ensure that all required and appropriate information is available for the audience at meetings of the Board of Directors, and that physical facilities for said meetings are functional and appropriate for all persons.

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