Democracy in our representative form of government requires
that the public have an opportunity to understand the government's
activities and to communicate its concerns to its elected and appointed
representatives, and that those representatives have an adequate opportunity
to consider those concerns and then act effectively and in a timely
manner. This chapter codifies the city's public policy concerning
participation in the deliberations of the city's legislative bodies,
and clarifies and supplements the Brown Act. It is an affirmation
of good government and a continued commitment to open and democratic
procedures. It is an effort to expand our residents' knowledge, participation
and trust. As procedures of government change and evolve, so also
must the laws designed to guarantee the process remains visible.
(Ord. 2076 § 1, 2023)
means a document that informs the public about a meeting,
published in advance of the meeting, which at a minimum: (1) identifies
the legislative body conducting the meeting; (2) specifies the time
and location of the meeting; and (3) lists each item of business to
be discussed or transacted and describes the proposed action for such
item.
means a complete set of materials that includes the agenda
and its relevant supporting documents.
means Government Code Sections 54950 et seq., as those sections
may be amended from time to time.
shall have the same meaning as defined in Section 54952.2
of the Government Code.
shall have the same meaning as "legislative body" as defined
in Section 54952 of the Government Code unless the definition in this
subsection applies to a broader range of boards, commissions, committees
or other bodies, and shall include the following:
The city council.
Any other board enumerated in the city code.
Any board, commission, committee, or other body created by ordinance
or resolution of the city council.
Any committee consisting of city employees that was established
by city council ordinance or resolution that specified that the meetings
of such committee were to be open and public.
means all documents regardless of form, medium or author
that are provided to members of a legislative body for their use in
considering agenda items for a meeting.
(Ord. 2076 § 1, 2023)
(a)
The
city council shall establish by resolution the time and place for
holding regular meetings for city council appointed boards and commissions
(GMC 2.18.120).
(b)
If
a meeting must be moved, canceled, continued or rescheduled for any
reason, notice of such change shall be provided to the public as soon
as is reasonably possible, including posting of a cancellation notice,
and electronically mailed notice if sufficient time permits. At no
time, less than what is required by the Brown Act.
(Ord. 2076 § 1, 2023)
(a)
Seven
days before a regular meeting of each legislative body, an agenda
containing a meaningful description of each item of business to be
transacted or discussed at the meeting shall be posted. Agendas shall
specify for each item of business the proposed action and specify
whether the item is for discussion, information, or receive-and-file
only. These time requirements shall apply to posting in bulletin boards
and on the Internet.
(1)
Notwithstanding subsection (a), items that may be agendized less
than seven days before a meeting of a legislative body include, but
are not limited to, the following:
(A)
Urgency items, where the public interest and necessity demand immediate
city council action to avoid harm to or to safeguard life, health
or property, or to mitigate severe economic impacts;
(B)
Grant opportunities;
(C)
Consideration of appeals, final maps or parcel maps or other items
requiring timely consideration pursuant to statute or ordinance;
(D)
Ceremonial items;
(E)
Closed session items as specified in the Brown Act;
(F)
Presentation and PowerPoint presented by outside agencies and/or
organizations; and
(G)
Items required to comply with timelines of other governmental agency.
(b)
A
description is meaningful if it is sufficiently clear and specific
to alert a person of average intelligence and education whose interests
are affected by the item that they may have reason to attend the meeting
or seek more information on the item. The description should be brief,
concise and written in plain, easily understood language.
(c)
The
agenda shall specify the time and location of the regular meeting
and shall be posted in a location that is freely accessible to members
of the public.
(d)
All
agendas shall be posted at the city's official posting locations,
on the city's website, and on the city's cable channel. Complete agenda
packets for each legislative body shall be posted on the city's website
to the extent fiscally and technologically feasible, and available
at the kiosk in the Glendora Public Library and Glendora city clerk's
department during normal business hours. The time for compliance with
this subsection shall be in accordance with the time of the posting
of the agenda for the meeting.
(e)
All
supporting documents regarding an agenda item must be included in
the agenda packet.
(f)
To
provide the fullest opportunity on all matters coming before the city's
legislative bodies, any staff presentations associated with an agenda
item shall be made part of the agenda packet at the time of the posting
of the agenda for the meeting.
(g)
No
action or discussion shall be undertaken on any item not appearing
on the posted agenda except that members of a city's legislative bodies
may respond to statements made or questions posed by persons exercising
their public testimony rights, to the extent of asking a question
for clarification, providing a reference to staff or other resources
for factual information, or requesting staff to report back to the
body at a subsequent meeting concerning the matter raised by such
testimony.
(h)
Notwithstanding subsection (g) the city's legislative bodies may take action on items of business not appearing on the posted agenda under any of the following conditions:
(1)
Upon a determination by a majority vote of the body that an accident,
natural disaster or work force disruption poses a threat to public
health and safety.
(2)
Upon a good faith, reasonable determination by a two-thirds vote
of the legislative body, or, if less than two-thirds of the members
are present, a unanimous vote of those members present, that: (A)
the need to; take immediate action on the item is so imperative as
to threaten serious injury to the public interest if action were deferred
to a subsequent special or regular meeting, or relates to a purely
commendatory action and (B) that the need for such action came to
the attention of the legislative body subsequent to the agenda being
posted as specified in subsection (a).
(3)
The item was on an agenda posted pursuant to subsection (a) for a
prior meeting of the legislative body occurring not more than five
calendar days prior to the date action is taken on the item, and at
the prior meeting the item was continued to the meeting at which action
is being taken.
(i)
Information
on the Sunshine Ordinance shall be provided on the city's website,
with hard copies provided free of charge upon request.
(Ord. 2076 § 1, 2023)
(a)
Agendas
of meetings and any other documents on file with the clerk of the
legislative body, when intended for distribution to all, or a majority
of all, of the members of a legislative body in connection with a
matter to be discussed or considered at an open session of a meeting
shall be made available to the public. To the extent possible, such
documents shall also be made available through the city's website.
However, this disclosure need not include any material exempt from
public disclosure under the California Public Records Act, or any
other state or federal law.
(b)
Records which are subject to disclosure under subsection (a) and which are intended for distribution to a legislative body prior to commencement of a meeting shall be made available for public inspection and copying upon request prior to commencement of such meeting, whether or not actually distributed to or received by the body at the time of the request.
(c)
Records which are subject to disclosure under subsection (a) and which are distributed during a meeting but prior to commencement of their discussion shall be made available for public inspection prior to commencement of, and during, their discussion.
(d)
Records which are subject to disclosure under subsection (a) and which are distributed during their discussion at a meeting shall be made available for public inspection immediately or as soon thereafter as is practicable.
(e)
A
legislative body may charge the direct cost of duplication for a copy
of a public record prepared for consideration at a meeting. There
shall be no charge for providing digital versions of documents (for
example, PDFs) via electronic mail.
(Ord. 2076 § 1, 2023)
The clerk or secretary of each legislative body shall record
the minutes for each regular and special meeting of the legislative
body. The minutes shall state the time the meeting was called to order,
the names of the members attending the meeting, the roll call vote
on each matter considered at the meeting, the time the board or commission
began and ended any closed session, a list of those members of the
public who spoke on each matter if the speakers identified themselves,
and the time the meeting was adjourned.
An action agenda of each meeting shall be posted to the city's
website seventy-two hours after the meeting. The officially adopted
minutes shall be posted to the city's website and made available for
inspection and copying upon request no later than ten working days
after the meeting at which the minutes are adopted.
(Ord. 2076 § 1, 2023)
The provisions of this chapter supersede other local laws. Whenever
a conflict in local law is identified the requirement which would
result in greater access to public information shall apply.
(Ord. 2076 § 1, 2023)
