Minutes of the Linda Vista Planning Committee
August 11, 2008 at Linda Vista Public Library

Special Agenda meeting on the Brown Act.

LVPG DRAFT - August 11, 2008 Minutes for the Brown Act & Council Policy 600-24

Training Session:  Meeting opened at 6:00 p.m. with LVPG Chair Donna Erickson presiding.

Members present: Bamford, Beckham, Carini, Castro, Cleary, Cole, Duncan, Erickson, Morgen, Rodriquez, Spahitz, Tomcek, Wilson and 2 guests (Jose Castro and Tom Kaye).

Members absent: Bussell, Corley, Hughes, Perwin, Riquelme, Shannon, Stang. Total people present:  16

Marianne Greene, Deputy City Attorney reported that the Brown Act is referred to as the “Open Meeting Act.”  She answered many of our questions during her presentation and  explained the Brown Act and how it affects Planning Groups. Topics covered were: 

1-What constitutes a meeting:  when a majority of the Planning Group meet at the same time and place, to hear, discuss, or deliberate on any item that is within the subject matter jurisdiction of the board or commission.

2-Avoid serial communication: do not speak with a majority of members on a subject going  before the board.  Ask “Who else on the board have you contacted.”  And tell others who else you have contacted before you start a conversation.

3-Avoid a collective concurrence:  do not have conversations in advance with a majority of the members of the Planning Group:to understand or clarify an issue; debating the pros and cons of an issue; hold briefing or informational sessions; or draft motions for advanced review.

4- Physical posting of the LVPG board meeting in a public place (library) is mandatory.

5-Agendas:       post 72 hours before the meeting; 24 hours for special meetings in a   public place, the internet is for additional notification.    Date, time and location of the meeting needs to be included. Items on the agenda need to be described-usually in 20 words. State if it is an Action or Information item.

6 -Public may comment on any non agenda matter and on all items on the agenda before a vote is taken. Public comment needs to be at the beginning of the Planning Group meeting. It is ok to set a time limit on speakers, but needs to be applied equally.  Use of Speaker slips can be used but not mandatory.  Signing in at Board meetings must be voluntary.

7-Committee Meetings need to be noticed, have the same agenda requirements as a board meeting, provide minutes, and be smaller than a quorum of the Planning Group.  Other members can attend but only as observers.  (this last point to be revisited)

8-Ad hoc committees must also conform to the Brown Act.

9-There are two types of violations of the Brown Act. 

(A)  Civil Actions:  The board has a chance to “cure and correct” items.  If the board finds that a violation did occur: the Planning Group will first nullify the action, notice the action to be revisited, and then place that item on a future agenda.

(B)   Criminal Actions:  an action was done with intent.

Meeting adjourned: 7:40 p.m.

Respectully submitted by Kathleen Morgen, recording secretary