Needles Municipal Code Art. 2 VI Public Access To Meetings

2-12 Posted Agenda Required--Exceptions 2-13 Posting Times And Places For Required Agenda 2-14 Public Address At Meetings 2-15 Special Meetings--Notice Requirements 2-16 Emergency Situation Defined--Emergency Meetings 2-17 Closed Sessions 2-18 Public Participation

2-12 Posted Agenda Required--Exceptions

1. The city council of the city and the legislative body, as defined in Government Code Section 54952, of all local agencies, the members of which legislative bodies are appointed completely or partly by the city council or its designee shall at least seventy-two hours before a regular meeting post an agenda containing a brief 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.
2. Notwithstanding subsection (a) of this section, the city council or other legislative body may act 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 city council or other legislative body that an emergency situation exists, as defined in subsection (b) (5) of this section; 2. Upon a determination by a two-thirds vote of the city council or other legislative body if less than two-thirds of the members are present, a unanimous vote of those members present, that the need to take action arose subsequent to the agenda being posted as specified in subsection (a) of this section; 3. The item was posted pursuant to subsection (a) of this section 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. (Ord. No. 285-AC.)

2-13 Posting Times And Places For Required Agenda

The times and places for posting the required agenda for the city council and other local legislative bodies area set forth in Exhibit “A,” attached to the ordinance codified in this chapter, which is on file in the office of the city clerk. (Ord. No. 285-AC.)

2-14 Public Address At Meetings

1. The city council of the city and legislative bodies of all local agencies, the members of which legislative bodies are appointed completely or partly by the city council shall, with respect to every agenda for regular meetings, 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 not action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subsection (b) of section 2-12 of this article. However, in the case of a meeting of the city council, the agenda need not provide an opportunity for members of the public to address the council or board on any item that has already been considered by a committee, composed exclusively of members of the council, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, unless the item has been substantially changed since the committee heard the item, as determined by the council.
   2. The city council and the legislative bodies of local agencies may adopt reasonable regulations to ensure that the intent of subsection (a) of this section is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on issues and for each individual speaker. Regulations for public participation at meetings of the city council are set forth in section 2-18. (Ord. No. 285-AC)

2-15 Special Meetings--Notice Requirements

1. A special meeting may be called at any time by the presiding officer of the city council or legislative bodies of local agencies, the members of which legislative bodies are appointed completely or partly by the city council, or by most of the members of the city council or such legislative bodies, by delivering personally or by mail written 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 twenty-four 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. 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 city council or legislative body, a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member who is 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.
   2. The call and notice shall be posted at least twenty-four hours prior to the special meeting in a location that is freely accessible to members of the public. (Ord. No. 285-AC)

2-16 Emergency Situation Defined--Emergency Meetings

1. 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, the city council and the legislative body of all local agencies, the members of which legislative bodies are appointed completely or partly by the city council, may hold an emergency meeting without complying with either the twenty-four-hour notice requirement or the twenty-four-hour posting requirement of section 2-15 or both of the notice and posting requirements.

For 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 city council or other legislative body; 2. Crippling disaster which severely impairs public health, safety or both, as determined by most of the members of the city council or other legislative body. 2. However, each local newspaper of general circulation and radio or television station which has requested notice of special meetings pursuant to section 2-15 shall be notified by the presiding officer of the city council or other 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. If telephone services are not functioning, the notice requirements of this section shall be deemed waived, and the city council or other legislative body, or designee thereof, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible. 3. Notwithstanding Section 54957 of the Government Code, the city council or other legislative body shall not meet in closed session during a meeting called pursuant to this section. 4. All special meeting requirements, as prescribed in section 2-15 shall be applicable to a meeting called pursuant to this section, except for the twenty-four-hour notice requirement. 5. The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the city council or other legislative body, or designee thereof, notified or attempted 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. (Ord. No. 285-AC)

2-17 Closed Sessions

Prior to holding any closed session, the city council, and the legislative body, as defined in Government Code Section 54952, of all local agencies the members of which legislative bodies are appointed completely or partly by the city council, shall state the general reason or reasons for the closed session and shall cite the statutory authority, including the specific section and subsection, or other legal authority under which the session is being held. In the closed session, the city council or other legislative body may consider only those matters covered in its statement. In the case of special, adjourned and continued meetings, the statement shall be made as part of the notice provided for the special, adjourned or continued meeting. Nothing in this section shall require or authorize the giving of names or other information which would constitute an invasion of privacy or otherwise unnecessarily divulge the particular facts concerning the closed session. (Ord. No. 285- AC)

2-18 Public Participation

The city council adopts the following regulation respecting public participation at city council meetings:

1. A member of the public that wishes to place on the agenda a matter directly related to the business of the city council shall do so as follows: 1. The substance of the matter must be set forth in written or typed form describing the matter with reasonable particularity.
   2. The writing must be delivered to the city clerk, during working hours, at City Hall, before noon on the Monday preceding the Saturday on/or before which the agenda must be posted.
   3. Presentations, if any, shall be limited to ten minutes in duration with five minutes for questions and answers.
2. A member of the public that wishes to address the city council regarding items on the agenda may do so subject to the following: 1. The address to the city council shall not exceed three minutes in length; 2. The address to the city council shall be made when the item is taken up by the city council.
3. Neither these regulations nor the requirements of California’s Government Code Section 54954.2 shall preclude the taking of testimony at regularly scheduled meetings on matters not on the agenda which any member of the public may wish to bring before the legislative body of the local agency, as long as no action is taken by the legislative body on these matters at the same meeting at which the testimony is taken.
4. Nothing in these regulations shall be deemed to limit further discussion on the same subject matter at a subsequent meeting.

HISTORY Amended by Ord. 529-AC on 8/23/2011