Buellton Municipal Code Ch. 2.48 Open Meetings

For the purposes of this chapter, the definitions of "legislative body," "regular meeting," and "special meeting" as set forth in Section 54950 et seq., of the Government Code of the state of California shall apply.

(Prior code § 2.04.023)

At least 72 hours before a regular meeting, any legislative body of the city, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting. 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. No action shall be taken on any item not appearing on the posted agenda; provided, however, nothing in this section shall disallow the legislative body to take action on items of business not appearing on the posted agenda and under any of the conditions set forth at Section 54954.2(b) of the Government Code of the state of California.

(Prior code § 2.04.024)

Every agenda for regular meetings of any legislative body of the city shall provide an opportunity for members of the public to directly address the legislative body on items of interest to the public that are within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by Government Code Section 54954.2(b). The legislative body may adopt reasonable regulations to ensure that the intent of this section is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.

(Prior code § 2.04.025)

A special meeting may be called at any time by the presiding officer of the legislative body, 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 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.

(Prior code § 2.04.026)

A. In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24 hour notice requirement or the 24 hours posting requirement of Government Code Section 54956 or both the notice and posting requirement. For the purposes of this section, "emergency situation" means any of the following:

1. Work stoppage or other activity which severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body.

2. Crippling disaster which severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body.

B. However, each local newspaper of general circulation and radio or television station which has requested notice of special meetings pursuant to Government Code Section 54956 shall be notified by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting by telephone and all telephone numbers provided in the most recent request of such newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice requirements of this section shall be deemed waived, and the legislative body or designee of the legislative body shall notify such newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting and any action taken at the meeting as soon after the meeting as possible.

C. Notwithstanding Government Code Section 54957, the legislative body shall not meet in closed sessions during a meeting called pursuant to this section.

D. All special meeting requirements as prescribed in Government Code Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24 hour notice requirement.

E. The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or intended to notify, a copy of the roll call vote, and any actions taken at the meeting shall be posted for a minimum of ten days in a public place as soon after the meeting as possible.

(Prior code § 2.04.027)

The provisions of this chapter shall be enforceable pursuant to the provisions of Government Code Sections 54960 through 54960.5, as the sections may be amended.

(Prior code § 2.04.028)