The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 1994 0316 CC REG ITEM 11JITEM I' - S' BACKGROUND On October 10 and 11, 1993, four bills were signed into law which make substantial changes to the Brown Act. These changes go into effect on April 1, 1994. Attached is a proposed implementation guide for the new provisions of the Brown Act which will affect noticing, posting and other procedures relative to the conduct of public meetings. Also, included for adoption, is a revised Rules of Procedure resolution and a revised MOP #8, Standing Committees. These documents have all been revised to reflect changes necessitated by the Brown Act amendments. Section 10 of the Agenda format is proposed to be changed to "Announcements and Future Agenda Items" deleting "Comments from Councilmembers" as the Brown Act amendments prohibit discussion of items not listed on the agenda. Under the amended Brown Act, Councilmembers may briefly respond to statements made or questions posed by persons exercising their public testimony rights; Councilmembers may ask for clarification, provide a reference to staff or other resources for factual information or request staff to report back to the Council at a subsequent meeting concerning any matter; and Councilmembers may direct staff to place a matter of business on a future agenda. Should there be more than one individual comment on any subject, such comments might be construed as discussion, '1 ^II A4er' - AGENDA REPORT - 1990 CITY OF MOORPARK I 1. l.. `.. TO: The Honorable City Council r 1 FROM: Lillian Hare, City Clerk DATE: March 10, 1994 (For CC Mtg of 3/16/94) SUBJECT: CONSIDER RESCINDING RESOLUTION NO. 94 -1006 AND ADOPTION OF RESOLUTION NO. 94- W,) -' CHANGING THE COUNCIL RULES OF PROCEDURE TO REFLECT IMPLEMENTATION OF BROWN ACT AMENDMENTS; APPROVAL OF BROWN ACT IMPLEMENTATION GUIDELINES AND REVISION TO MOP 8, STANDING COMMITTEES; AND APPROVAL OF MEETING SCHEDULE FOR STANDING COMMITTEES BACKGROUND On October 10 and 11, 1993, four bills were signed into law which make substantial changes to the Brown Act. These changes go into effect on April 1, 1994. Attached is a proposed implementation guide for the new provisions of the Brown Act which will affect noticing, posting and other procedures relative to the conduct of public meetings. Also, included for adoption, is a revised Rules of Procedure resolution and a revised MOP #8, Standing Committees. These documents have all been revised to reflect changes necessitated by the Brown Act amendments. Section 10 of the Agenda format is proposed to be changed to "Announcements and Future Agenda Items" deleting "Comments from Councilmembers" as the Brown Act amendments prohibit discussion of items not listed on the agenda. Under the amended Brown Act, Councilmembers may briefly respond to statements made or questions posed by persons exercising their public testimony rights; Councilmembers may ask for clarification, provide a reference to staff or other resources for factual information or request staff to report back to the Council at a subsequent meeting concerning any matter; and Councilmembers may direct staff to place a matter of business on a future agenda. Should there be more than one individual comment on any subject, such comments might be construed as discussion, The City Clerk will be meeting with those assigned to staff the Standing Committees of the Council, and with the Planning Commission and Parks & Recreation Commission at their first meetings in April. Implementation procedures adapted specifically for each Commission, will be presented and discussed. The Planning Commission and the Parks & Recreation Commission should also adopt revised Rules of Procedures at their meetings in April. It is staff's recommendation that because of the impact of staffing requirements to prepare and post agendas and prepare action minutes, etc. for standing committees, that neither Commission use standing committees. They can form ad hoc committees as needed which has been their general practice in the past. STAFF RECOMMENDATION 1. Adopt Resolution 94- approving amended Council Rules of Procedure. 2. Approve the "Implementation Guide for Amendments to the Brown Act Affecting Noticing, Posting and Other Procedures for the Conduct of Public Meetings ", dated 3/16/94. 3. Approve the Council Standing Committee Meeting (monthly) Schedule as follows with meetings to begin as close as practicable to listed starting times: 1st Monday 6:30 p.m. Community Development 2nd Monday 6:30 p.m. Budget and finance 3rd Monday 5:00 p.m. Public Works, Facilities and Solid Waste 4th Monday 5:45 p.m. Transportation and Streets 4th Tuesday 5:45 p.m. Economic Development /Affordable Housing 4. Direct Planning Commission and Parks & Recreation Commission not to form /use standing committees and adopt new rules of procedure at their meetings in April. Attachments: 1. Resolution 94 -_, Council Rules of Procedure 2. MOP #8, "City Council Committees" 3. "Implementation Guide for Amendments to the Brown Act Affecting Noticing, Posting and Other Procedures for the Conduct of Public Meetings" EVIPLEMENTATION GUIDE FOR AMENDMENTS TO THE BROWN ACT AFFECTING NOTICING, POSTING AND OTHER PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS - DATE: 3/16/94 MEETING REVISED BROWN ACT REQUIREMENT IMPLEMENTATION ACTION Regular City Format for listing of Closed Specified format will be Council Session items specified. used beginning with the April 6 agenda. Copies of contracts, Documents will be provided settlement agreements or the day following the other documents approved in meeting. The presiding Closed Session must be officer or his designee provided to the public the will orally summarize next business day unless substantive amendments. retyping is required. Substantive amendments to documents must be orally summarized. Items may not be added to the Section 2.5, Reordering of, agenda unless a two - thirds and additions to, the majority of the Council Agenda, of the Council's determines that an emergency Rules of Procedure has been exists or it is determined revised to reflect this that there is a need to take change. immediate action. No action or discussion can Section 2.10 Comments from be undertaken on an item not Councilmembers, of the on the posted agenda. Council's Rules of Procedure has been deleted to reflect this change and "Comments from Councilmembers" will be deleted from the Agenda. Section 10. of the Agenda will be revised to "Announcements and Future Agenda Items. Special City Must provide an opportunity An agenda as well as a Council for public comment. special meeting notice will be posted which will list public comment after the Call to Order, Pledge of Allegiance and Roll Call. BROWN ACT IMPLEMENTATION GUIDE - PAGE 2 MEETING REVISED BROWN ACT REQUIREMENT IMPLEMENTATION ACTION Committee Now covered by the Brown Act. An agenda will be prepared (Standing) by the Department assigned to staff each standing committee. The agenda will be posted by the City Clerk's Office 72 hours in advance of the regularly called meeting or 24 hours in advance if a committee meeting is called as a special meeting. Provisions for public comment will be provided in the same manner as for Regular and Special Council meetings. All written materials provided to committee members will be available in a binder at the meeting for the public. Extra copies of material provided by staff at the meeting will be made available to the public and material provided by someone other than staff will be made available after the meeting. (THIS PRACTICE IS STANDARD OPERATING PROCEDURE FOR COUNCIL MEETINGS.) Action minutes showing starting and ending times, Council and staff attendance and recommendations of the committee will be prepared by the Department staffing each Committee. (As there is no State statute which requires the approval of minutes, approval will not be required.) BROWN ACT IMPLEMENTATION GUIDE - PAGE 3 MEETING REVISED BROWN ACT REQUIREMENT IMPLEMENTATION ACTION Committee (Ad Not covered by the Brown Act. Hoc) Multi- agency Must be held within the A special meeting notice boundaries of one of the and an agenda will be participating agencies and prepared, posted and faxed noticed by all. to the newspapers at least 24 hrs. in advance. C:\WP5I\REPORTS\BROWN. MOP MOORPARK MOP NO. s OPERATING PROCEDURE DATE: 12-2-92 REVISED: 3 -16 -94 SUBJECT: CITY COUNCIL COMMITTEES 1. STANDING COMMITTEES The Council Standing Committees shall be: Budget and Finance Community Development Economic Development /Affordable Housing Public Works, Facilities and Solid Waste Transportation and Streets Each committee shall consist of two Council members and a designated alternate. One member of the Budget and Finance Committee shall be the Mayor or Mayor Pro Tem. This does not preclude both the Mayor and Mayor Pro Tem from serving on this committee at the same time. 2. COMMITTEE APPOINTMENTS With the approval of the majority of the members of the City Council, the Mayor shall make all appointments to Standing Committees of the City Council, including the designated alternate. The appointments shall be made at the first regularly scheduled meeting in January of each year. 3. ALTERNATES TO COMMITTEES To avoid potential Brown Act violations of having more than two City Councilmembers consider an item at the committee level, each City Councilmember should determine (1) pursuant to applicable provisions of the Political Reform Act, if a potential conflict of interest exists (consult with the City Attorney if necessary); 2) though there is no conflict of interest under the Political Reform Act, there is a desire to avoid an appearance of conflict; or 3) otherwise decides not to participate. If a Councilmember should so determine/ decide, MOP NO� 8 e PAIGE 2 4. Im the City Councilmember shall contact the designated alternate to serve in his /her place for that item. If the City Councilmember determines /decides not to continue participating after having been involved in Committee discussions of a specific item, he /she should contact the City Attorney to determine if the alternate can serve on the Committee for that item. If an alternate has a conflict or otherwise is not available, the Mayor shall serve or request another City Councilmember to serve. AD HOC COMMITTEE Items shall be assigned to Standing Committees whenever possible. If not so assigned, at the Mayor's discretion, an. Ad Hoc Committee shall be formed. ASSIGNED STAFF Budget and Finance - Deputy City Manager Community Development - Director of Community Development Economic Development /Affordable Housing - Director of Community Development Public Works, Facilities and Solid Waste - Public Works Director Transportation and Streets - Assistant to the City Manager The City Manager may designate an alternate and /or substitute as determined necessary. MEETING SCHEDULE A regular meeting schedule for Standing Committees shall be approved by minute action of the City Council at the first regularly scheduled meeting in January each year. 7. AGENDA AND REPORTS OUT OF COMMITTEE. The assigned staff person to a Council Committee will prepare an agenda for the Committee meetings. In addition, the staff person will provide action minutes to the full Council within seventy -two (72) hours of the Council Committee meeting showing the MOP NO. 8 - PAGE 3 Committee's recommendation. Concurrence with the staff's recordation of Committee recommendation(s) to the full Council will be completed prior to the adjournment of the Committee meeting in order to accurately report to the full Council via the action minutes. Action minutes will not formally be approved by the Committee. 8. COMMITTEE ASSIGNMENTS The City Manager shall maintain a list of specific assignments for each Standing Committee. The list shall be distributed to the Mayor, City Council and City Staff each calendar quarter (January, April, July and October). C: \WP51 \REPORTS \MOP.8