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AGENDA
JOINT CITY COUNCIL /PLANNING CONIIiSSION MEETING
TUESDAY, FEBRUARY 16, 1988
HAGIC JWP - GENIE ROOM
6:00 P.M.
6:00 p.m. - 7:00 p.m.
7:00 p.m.
Dinner
■
Draft Hazardous taste Management Pran (AB
2918,Tanner
Presentation from County of San Bernardino
Appeal Procedure
o Look back over last two years
o Look forward
o Methods for Improving Appeal Reporting
Inclusion of Precedents
City Council/Plaming Commission Goals
o Quality Development
o Council purpcse my be different than
Commission by Design, e.g., Design vs
Economic Consideration
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STAFF REPORT
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DATE: February 16, 1988
TO: embers the of the City Council and Chairman and
embers oP the Planning Coowission
FRO 1i r Brad Buller, City Planne-
SU j/ �BERNARDINp 0 COUNTY DI HAZARDOUS WASTE MANAGEMENT PLAN
ACTI N REQUESTED: Following a brief presentation by County staff, there
w e an oppor unity for discussion of the San Bernardino County Draft
Hazardous Waste Management Plan. It would be appropriate to ma a an
lnrormal request o County staff to delete Subarea 15 of the Industrial
Specific Plan from the proposed Hazardous Facilities Overlay Zone (a
copy of the plan and a brief cover letter from the County is attached).
BACKGROUND: This informal workshop is in addition to formal legal
requ remen s of the Tanner Plan process as required by AB 2948. A
summary of informal and formal Tanner process actions follows.
SCHEDULE OF ACTIONS ON THE PLAN: After six months of intense effort.
a,uunh ura, ,. naza rauus ■a sLe nano emenL plan was
completed an approve y e zen v sory amyl ee on ecm er 14.
1987. Beginning in February, County staff will meet informally with
titles in a series of informational meetings such as this.
This meetings will be in addition. to formal public hearings by the
County on the Draft Plan and on the Environmental Impact Report. The
public hearing schedule will be completed by March 31, 1988, including a
hearing on March 21, 1988, 7:00 p.m., at Alta Loma High School.
By September 30, 1988, the County Board of Supervisors will vote on
adoption of the Plan and the titles will also vote on the plan which
must be approved by 503 of the cities in the County with 50% of the
urban population.
After the County Plan has been adopted by the County Board of
Supervisors and has been accepted by the State, the cities will be asked
to implement the plan AB 2948 offers incentives and penalties to
encourage cities to adopt the County Plan and incorporate its sections
into City General Plans, Ordinances and Policies. For this reason, the
law provides for City representation on the Citizen Advisory
Co oittee. In addition, the County convtned a technical committee and
asked City staff to participate. City- County cooperation is necessary
for the plan to succeed.
TO: CITY COUNCIL 8 PLANNING COMMISSION
RE: SB CO. DRAFT HAZARDOUS WASTE PLAN
February 16, 1988
Page 2
ANALYSIS:
Effects of the Plan on the City: The emphasis of the plan is on siting
cr era or azar dus Was; acuities, as well as on the management of
hazardous materials.
siting Criteria: Heavy industrial zones in the County, as well as
wwMin cities are proposed for inclusion in a Hazardous Waste Facility
Overlay Zone. Siting criteria in the Draft Plan indicates that the
heavy industrial area within the City should be excluded from the_
Overlay Zone (Exhibits IA, 1B and 2).
ically, Subarea 15 of the Industrial Specific Plan, a Heavy
rial Zone, is included in the proposed County Hazardous Waste
ty Overlay Zone. However, the County prison is also proposed to
:ated in Subarea 15 in the vicinity of 4th Street and Etiwanda.-
The prison would house an "immobile population' and require a
1 health risk analysis for any proposed hazardous waste facility
d within a one mite radius of the prison. The one mile radius
ement would affect virtually all of Subarea 15. Therefore, it
be reasonable to exclude Subarea 15 from the Hazardous Waste
ty Overlay Zone (Exhibit 3)
Management of Hazardous Waste Facilities: The Plan also includes
sec ons an a mandgenent of azar ous substances. The Plan
acknowledges existing state and federal law on hazardous waste and
materials management. In most instances, State taw designates the
County as the responsible local agency for management of hazardous waste
and hazardous substances. However, successful management of hazardous
materials will require cooperation with Cities.
The City will be requested to adopt policies and ordinances to support
and assist %,th hazardous waste management, including the identification
and regulation of businesses which store, use and generate hazardous
materials. The Plan proposes attachment of an information disclosure
form to Business License applications. The Plan also would require
consultation with the County at the design phase for new projects which
would store, use or generate hazardous substances.
A detailed summary of the effects of the Plan on the City is discussed
in the 'Technical Review of the Draft Hazardous Waste Management Plano
which is attached.
Because the cities will be asked to vote on approval of the plan and
then to locally implement the plan, this workshop with County staff
should focus on the effect of the plan on the City.
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TO: CITY COUNCIL 8 PLINKING LOMMISSION
RE: SB CO. CRAFT HAZARDOUS WASTE PLAN
February 16, 1988
Page 3
Attachments: Exhibits SA, iB - Proposed Hazardous Waste Overlay Zone:
East and West Valley x
Exhibit 2 - San Bernardino County Hazardous Waste Overlay
Zone, Rancho Cucamonga Vicinity
Exhibit 3 - Industrial Specific Plan Subarea 15 Prison
Site /1 Mile Radius
Technical Review of the San Bernardino County Draft
Hazardous Waste Manag®znt Plan
Letter of Transmittal from County to City Regarding Draft
Plan -
San Bernardino County Draft Hazardous Waste Management
Plan
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HAZARDOUS WASTE OVERLAY ZOA/E
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TECHNICAL REVIEW OF THE DRAFT HAZARDOUS WASTE RVAGEMENT PLAN
There are 16 sections plus three appendices of the Draft Hazardous Waste
Management Plan. Some sections directly effect the City. These
include:
o Waste Generation Levels, Facility Inventory, and Needs
Assessment (Section III)
o Siting of Specified Hazardous Waste Facilities (Section V)
o Review Requirements for Hazardous Waste Generators and
Hazardous Msteriais Handlers (Section VI)
e Storage Regulations (Including home occupancy restrictions.
Section VII)
o Household Hazardous Waste (Section IX)
o Transportation (Section XI) ' +--
o Emergelcy Response Procedures (Section XII)
o Contaminated Sites (Section XIII)
o On -going Data Collection and Analysis Program (Section XVI)
+F Fuliowing is a sumrary of the effects of key sections of the plan on the
•. City.
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` NEED (Section III):
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y, An assessment oust demonstrate need prior to siting a facility. With
the data currently available for waste generation in San Bernardino
County, there appears to be a need far:
o A transfer station which would include the capability for
stabilization.
o A small used oil recovery facility.
However, through a JPA mechanism, the County of San Bernardino is a
member of the Southern California Hazardous Waste Management Authority
which includes Santa Barbara, Ventura, Riverside, Orange, Imperial and
San Diego Counties, as well as the City of Los Angeles. The County of
Los Angeles is not part of the Joint Powers Agreement.
In the County Plan, the need of the entire region may be used in a needs
assessment for a facility However, the mwbers have also agreed to a
'fair share" concept that *every city and county in the region will
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TECh•NICAL REVIEW OF. DRAFT
r HAZARDOUS WASTE PLAN
Page 2
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accept res%onsibility for the management of hazardous wastes in an
Fs" amount eropor:lonal to the hazardous wastes generated within the city or
*, county.
• Needs Issues: Is the language of the plan sufficiently explicit to:
0 Limit the number of treatment facilities in the County?
o Limit the type and size or a facility which might be located
in the City?
SITING CRITERIA (Chapter V):
✓r This is potentially the most controversial section of the County Plan.
It identifies general arnav which are suitable for siting hazardous
waste facilities based on demonstrated need as explained above. An
overlay zone identifies areas within the County which meet the
environmental constraints for siting hazardous waste facilities.
Constraints include criteria such as:
r e distance to residences
o distance to immobile populations
0 depth to ground water
o protection for drinking eater supply
0 nearness to seismic fault zones
0 protection from flood hazard
o protection from usable slopes and soils
0 protection for air quality
o protection of prime agricultural land
o access to safe travel routes
Additional constraints which must be considered include:
0 availeb111ty of emergency services
o availability of needed infrastructure
0 compatibility with adjacent land uses
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TECHNICAL REVIEW OF DRAFT
HAZA:DOUS WASTE PLAN
Page 3
These constraints would restrict any repository to the desert portions
of the County: They would restrict treatment facilities to industrial
zones in the valley area, to Rancho Cucamonga, the,Heavy Industrial
Zone, east of the I -15 freeway, Industrial Specific Plan, Subarea 15, is
included.
Under the plan, five types of facilities would be permittable in a Heavy
Industrial Zone:
1. Trans°er /storage stations
2. Treatment facilities
3. Re:ycling facilities
4. Solidification or stabilization facilities
S. Incineration facilities
GG` Sitiny Issues: The siting requirements in the plan as written do not
prcva clear mechanism for excluding some types of treatment
t facilities, except application of the above criteria or that an area be
entirely excluded from the plan. Because of clear zoning
incompatibility, the City previously requested that all the industrial
area within the Industrial Specific Plan be excluded oxcept Subarea 15,
y, the Heavy Industrial Zone.
As the Industrial Specific Plan 1s currently written, no hazardous waste
facility would be permitted in Subarea 15, with the possible exception
>> of a transfer /storage station with or without a stabilization
faculty. A transfer station could have the appearance of a large
warehouse plus above ground storage tanks and silos.
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Facilities which would not now be permitted in Subarea 15 include a
hazardous waste incineration facility, a waste oil recycling facility,
or a treatment facility. An incineration facility would appear to be
unsuitable based on air quality considerations. Neither a recycling
facility or a treatment facility appear to be compatible with the
surrounding uses A waste oil recycling facility would be similar to an
oil refinery or petro - chemical plant. A treatment facility for liquid
wastes could be expected to have the appearance of a municipal sewage
treatment facility.
REVIEW REQUIREMENTS FOR HAZARDOUS WASTE GENERATORS AND WARDOUS
(Section
Increasingly business and industry store or use hazardous materials in
their operation. Some also generate hazardous wastes, The County
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TECHNICAL REVIEW OF DRAFT
HAZARDOUS WASTE PLAN
Page 4
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Department of Environmental Health Sdrvices and the Fire D'.stricts are
respons!ble for regulating most of these uses. The County Plan would
provide alditional regulation. The cooperation of the City is required
for effective identification of all businesses Match store and use °
hazardous ma•erfsls or generate hazardous waste.
For the City, the purposes of identification of users and generators of
hazardous materials is to be sure that:
a the business or industry is in the proper base zone
o proper design criteria has been net
o necessary perm!'; have been or will be obtained
o information is disclosed about hazardous waste contamination
of a site prior to developeent
o adequate conditions have been met to ensure that public
health and safety are protected.
Review Issues: The County Plan would add criteria for hazardous
ma er affs--a-W hazardous waste to ether zoning considerations. This
would add a major category to the envi ;oruoental review proced,
When the County Health and Safety Code rewires a Business .r f a new
or modified business, the City should require •he comp'r of the
Business Plan prior to the start of operations. The ample +a, cation of
this action would require rinor changes In permit applications for new
businesses.
The County Plei requires screening to identify changes which introduce
or increase hazdraaus materials into en operation. Implementation of
this goal requires identification of the nature of the business or of a
lessee or sub - lenses through a mechanism such as a husinesi license,
building permit, home occupation permit and /or land use permit. It
might require the introduction of an occupancy permit for all husiness
and Industrial users. (See 'Program for Hazardous Nasto Generators°,
below.)
STORAGE REGULATIONS (Section VIO:
In addition to the regulation of underground storage, the County Plan
would also regulate above ground storage. It would also prohibit the
storage of hazardous materials in residential areas for use in home
occupations
TECHNICAL REVIEW OF`DRAFT
HAZA3000S WASTE PLAN
puye $
Story a Issues: Storage regulations would be an addition to the County
e}l Tth an a .ty Code which the City would be expected to adopt by
reference. Implementation would require a disclosure statement from an
applicant for a home occupation permit, as well as periodic site
inspections.
PROGRAM FOR HAIARODUS WASTE GENERATORS, INCLUDING SHALL QUANTITY
titNLRAIURS napter :
Tho S ate has entered into an agreement with the County for the
regulation of all hazardous waste ggenerators in the County. The process
of identification of generators 1s in progress, but a more adeouste
screening process reeds to be developed.
the County plan requires that the County of San Bernardi io use r "he
business licenso application and renewal to screen businesses �.o
determined whether they handle hazardous substances, "and it sr, uhetner
they have obtained the necessary permits., Implementation the--- - -
County to develop an agreement with the incorporated cities
o Use of the business license.as a disclosure ddcua.,
o Development of a'uniform disclosure form
o Sharing information between City and County
o Related regulatory irocedures, ircludlag planning and
building permit applications.
Identification and regulation of hazardous waste generators will
contribute to the health and safety of the community. The County role
will be prinarily to regulate the use, storage and generation of
hazardous substances. The City role will be primarily identification of
businesses which use, store or generate hazardous substances.
Generator Issues: Identification and regulation of businesses which
s ore, use or generate hazardous waste raises several issues, including:
o Whether the business license is the appropriate local
mechanism for this purpose
o Whether an occupancy permit for business and industry would
be a better mechanism
o The cost of identification and regulation
o Assessment of fees to cover the costs
0 Allocation of fees between City and County
TECHNICAL REVIEW OF DRAFT
HAZARDOUS WASTE PLAN
Page 6
As used by the City, the business license is primarily a tax
mechanism. Several cities, for example Redlands. Barstow and Carson,
Include a questfonnaire with the business license application and with
the annual renewal applications. The questionnaire form requests
information about the use, storage or generation of hazardous
materials. The questionnaire functions as a disclosure document and may
be used for regulatory purposes. To be most effective, the City should
adopt the questionnaire form designed by the County.
Because non - compliance with regulations may result in increased risks to
community health and safety, a mechanism is needed to keep a business
from operating until all requirements have been met and to close down
the business or industry if it fails to maintain safe operation. Should
the City require an occupancy permit for this and other regulatory
purposes? Should there also be a schedule of fines for non - compliance?
In order to pay the posts of regulation of storage, use and generation
of hazardous material, a fee system will be necessary. According to the
County Plan, the County will set appropriate fees. However, if the
business is located in the City, the City should also levy fees to
recover costs of ad3inistering the program. The amount of the fee could
be in proportion to the amount of hazardous materials stored, used or
generated. It could be added to the business license fee.
Since responsibilities will be shared by the County and the City, a
Memorandum of Understanding between the County and the City could be
executed to clarify the responsibilities of each jurisdiction and the
associated costs.
Identification and regulation is not limited to City business license
and /or an occupancy permit procedures. It also involves planning and
building permit application procedures, including environmental review
and design review, as well as inspection programs and policies. Changes
in these procedures may be changed as a matter of policy or as a result
of formal changes in the General Plan and the Development Code
HOUSEHOLD HAZARD WASTE (Section IX):
The County Plan incorporates the County sponsored Household Hazardous
Waste Collection program. The County Plan recognizes the significant
community benefit of the Mouselold Hazardous Haste Collection program.
The County Plan also recognizes that government agencies should be
subject to the same rules as private business. Therefore, a Household
Hazardous Waste collPctirn center will be operated as a small quantity
generator and come under sm311 quantity generator regulations.
Household Hazardous Waste Issues: The City has been supportive of the
Household azar ous waste Go I lec tton program. There is one co lection
center in the City, which is located at the Etiwanda Fire Station.
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TECHNICAL REVIEW OF DRAFT.
HALIRDOUS WASTE PLAN '
Page 7
TRANSPORTATION (Chapter XI):
The County goal is to ensure the safe transportation of hazardous
materials in and through the ,County. 4 Cities' also' have the right to
restrict travel to adequate 'traniportation'corridors.
Transportation Issues: Should the City adopt restrictive routes for the
raansporta o"f hazardous materials? Should the Plan address the risk
of upset of hazardous materials In transit through the County, as well
as the ability of local agencies to respond in the event of upset on the
highway (also see below).
EMERGENCY RESPONSE (Section X1I):
This section discusses emergency response programs which are already in
place as required ty law. It also discusses the Business Plan required
of each business which handles at any one time more than 500 pounds, 55
gallons, or 200 cubroc feet (compressed gas) of a hazardous material. -
Emerggency Response Issues: Is the City required to file a business
pT7—
Cities are not specifically mentioned in the 'Emergency Respponse
Notification Summary'. The 46 member Inter - Agency Hazardous Maste
Response Team formed in October, 1984 is comprised of police, fire and
environmental health personnel. How does City staff interact with this
team?
CONTAMINATED SITES (Section Mill:
State law (AB 3750, Cortese) requires that sites contaminated with
hazardous waste be listed by the State and that an applicant for
development sign a statement indicating whether the project is located
on a site which appears on the list.
Contaminated Sites Issues: There are a few such sites in the City. The
oun y Pjan wouid go TuFrEher and require that:
o The current status of the site be determined
o if the site has not been cleaned up, then a plan for site
clean -up must be filed with the County prior to development.
DATA COLLECTION AND ANALYSIS (Section XVI):
The County Plan goal is to provide an information retrieval system
consolidating data from all hazardous waste and hazardous materials
programs.
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TECHilCAL-,REV1EY OF DRAMM "*, x U;
HAZAMOUS'WASIE PL;W,
Page 8
Data Collection Issues: This program should include inter-agency
cooperation, incluaing City access to and contribution of information.
SLHUY:
The County is circulating the Draft San Bernardino County 1Wardous
Waste Management Plan for the purpose early review and comment.
Review and comment Is especially needed of for or the sensitive issue of
hazardous waste facility siting and also needed on issues regarding the
identification and regulation of businesses which store, use and
generate hazardous materials.
January 8, 1988
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CITY OF RANUHO CUCAAIONGA
MEMORA DUM
DATE: February 16, 1988
T0: or and Members of the City Council
FR Brad Buller, City Planner
SUB ECT: APPEALS OF PLANNING COMISSI04 DECISIONS 1986 AND 1987
During the period of January 1986 to December 1987, a total of 22
appeals were considered by the City Council. Eight appeals we— heard
in 1986 and fourteen appeals heard in 1987. Of the 22 appeals, the City
Council approved 43 percent of the appeals. Of the 22 appeals, 34
percent dealt with the question of undergrounding of which half of.thea
were approved to delete the undergrounding requirements.
The attached graphic. illustrates the comparison between the appeils
heard and acted upon by the City Council during 1986 and 1987. In 1986,
the City Council heard 8 appeals and overturned the Commission 69
percent of the time or 5 1/2 of the 8 appeals. In 1987, the City
Council heard 14 appeals and overturned the Comission 29 percent of the
time or 4 out of the 14. It is clear that in 1987 the number of appeals
almost doubled and the City Council was supporting the Commission on a
majority of those appeals
It should also be noted that during 1986, the Planning Commission
reviewed 293 items of which only 8 (eight) or 2.7 percent sere
appealed During 1987 the Planning Commission reviewed 383 items or
•hich only 14 (fourteen) or 3.65 percent were appealed. Attached to
list of those projects that were appealed during 1986 and 1987.
Attachments
cc: Lauren Wasserman
Jack Lam
Russ Maguire
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PPEALS
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UPHELD ® OVERTURN D REFER BACK
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APPEALS 1966 AND 1967
Hearin Date
o pPea Project Description Appehled Issues Vote
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2/5/86
OR 85-28, Haven Ave Food
Loading Zone
4 -0 -1
B��`
Court Virginia Darc, HVC
Location and Design
approve appeal
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Foothill and Haven
6/4/86
OR 85-53, Anderson, NWC
Meandering sidewalk
3.2, approve
Sixth We Turner
and utility under-
appeal
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grounding
6/4/86
Tr 12902, Woodleid Pacific
Trail location and
4 -1 deny
Ni
W/s Hermosa, N/o Hillside
utility underground
appeal on Trail
ing
location but
approve,wa,�ver, -.
of under-
grounding
8/20/86
CUP 84-14, Veterans of
Revocation of CUP
3 -0 -1,
�
Foreign Wars
approve appeal,
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1 abstained
10/1/86
CUP 86-12, Western Services
Overnight parking
5 -0 refer
Co , Industrial Area
of vehicles
it back to PC
11/86
DR 86-14, Haven Ave
Utility
4 -1
Investors, E/s Haven,
Undergrounding
approve appeal
S/o Civic Center Drive
12/3/86
OR 86-26, Barton, S/s Arrow
utility
3 -2
E/o Utica
undergrounding and
deny appeal
store drain
12/17/86
TT 10349, Walton
Equestrian Trail
3 -1,
W/s Sapphire at Thoroughbred
approve appeal,
1 abstained
1987
1/7/87
PM 10237, Barton Develop
Utility
3 -2
S/s Arrow, E/o Utica
Undergrounding
deny appeal
1/7/87
Terra Vista Cul- de-sac
Fencing vs no
5 -0
Fencing
fencing for side
approve appeal
on cul -de -sacs
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APPEALS 1986 AND 1967
Page 2
He�ar�ing Date
to
o, pp` A
Project Descripttor
Appealed Issues
Vote
4/1/87
Tree Removal Permit 87 -01
Tree Removal for
E -0
Xunes 3 Co., S/s Foothill,
billboard
deny appeal
E/c Helms Avenue
visibility
5/6/87
TT 13116, Friedman Homes
Orientation of
4 -0,
NEC Archibald and Carrari
homes onto Carrari,
deny appeal,
horse trails, and
1 abstained
the keeping of
horses
6/3/87
VAR 85-08 (Amended),
Maximum height
4 -1
Spietnagel, 5327 Carrow Ave.
of antenna
deny appeal
8/19/87
TT 13063, Citation Homes
East Ave street-
4 -0,
E/s East Ave at Catalpa
scope and tree
deny appeal,
removal
1 absta:ned
9/2/87
OR 87 -20 Sixth St, Turner
utility
4 -1
Ltd.,NEC Turner and Sixth
Undergrounding
deny appeal
9/16/87
PM 59 -96, David Bowden
Utility
4 -0 -1
S/s Willson, E/o Haven
Undergro- ending
approve appeal
9/16/87
TT 13476, William
Grading, Tree
5 -0
Properties Consultant,
Removal and Utility
deny appeal
NEC Hellman and Tryon
Und- rgrounding
10/21/87
OR 87 -26, J. Bermant Develop
Landscaping and
5 -0
SEC Arrow and Rochester
irrigation of
deny appeal
freeway r.o.w.
10/21/87
TT 13541, Allmark
Completion of
3 -2
H/o Redhill Country Club
Sierra Vista
approve appeal
Drive at Sierra Vista
(Modified
Conditions)
10/21/87
Tree Removal Permit 87-43
Tree Removal
5 -0
Bencomo, 9538 Gala Avenue
approve appeal
11/4/87
OR 87-44, Intrastate
Building Materials
4 -1
Financial, SEC Haven Ave
approve appeal
and Civic Center Drive
11/4/87
TT 13063 - Citation Homes
Tree Removal
4 -0,
E/s East Avenue at Catalpa St
deny appeal,
S/a Highland
1 abstained
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Cny OF
f ' RAN m aXANIGNrA ;
w ' L977
I " AGENDA
JOINT CITY COUNCIL /PLANNING COMMISSION MEETING
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TU -SDAY, FEBRUARY 16, 1988
MAGIC .AMP - GENiE ROOM
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+' 6:00 P.N.
6:00 p.m. - 7:00 p.m. Dinner
7:00 p.m. Draft MMrdDUS taste IhnageMt Plan (AB
2948,Tanner)
E;
P Presentation from County of San Bernardino
f13 Appeal Procedure
o Look bact over last two years
o Look forward
o Methods for Improving Appeal Reporting
Inclusion of Precedents
City Council /Planning Commission Goals
o Quality Development
o Council purpose may be different than
Commission y Design, e.g., Design vs
Economic Consideration
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CITY OF RANCHO CUCAb1GNGA
STAFF REPORT
DATE: February 16, 1988
TO: Figyor an", Members of the City Council and Chairman and
n e embers of the Planning Commission
Brad Buller, City Planner
SAN BERNARDINO COUNTY DRAFT MAZARDOU3 WASTE MANAGEMENT PLAN
ACTION REQUESTED: Following a brief presentation by County staff, there
wwTTT elan opyortunfty for discussion of the San Bernardino County Oraft
Hazardous Waste Management Plan. It would be appropr ate o ma a in
inform request o County staff ro delete Subarea 15 of the Industrial
Specific Plan from the prnposed Hazardous Facilities Overlay Zane (a.�
copy of the plan and a brief cover letter from the County Is attached).
BACKGROUND: This informal workshop is in addition to formal legal
=rem,rem,.ots of the Tanner Plan process as required by AB 2948. A
summary of Informal and formal Tanner process actions follows.
SCHEDULE OF ACTIONS ON THE PLAN: After six months of intense effort,
e San Bernardino Coun Urdft Hazardous Waste Management Plan was
comp e e an approve y e zen sory omm ee on ecem er 14,
1987. Beginning in February, County staff will meet informally with
cities in a series of informational meetings such as this.
This r"tings will oo in addition to formal public hearings by the
County on the Draft Plan and on the Environmental Impact Report. The
public hearing schedule will he completed by March 31, 1908, including a
hearing on March 21, 1988, 7:00 p.m., at Alta Lama High School.
By Septamber 30, 1988, the County Board of Supervisors will vote on
adoption of the Plan and the cities will also vote on the plan which
must be approved by 50% of the titles in the County with 50% of the
urban population.
After the County Plan has been adopted by the Cc mty Board of
Supervisors and has been accepted by the State, the cities will be asked
to implement the Plan. AB 2948 offers Incentives and penalties to
encourage cities to adopt the County Plan and incorporate its sections
into City General Plans, Ordinances and Policies. For this reason, the
law provides for City representation on the Citizen Advisory
Committee In addition, the County convened a technical committee and
asked City staff to participate. City- County cooperation is necessary
for the plan to succeed.
W,
'silo
To. CITY -COUNCIOSAANNI06 N .
SB CO. DRAF-,'.'HAZM
RE: OUS34ASTE PLAN'
February 16,
Page 3
Attachments: Exhibits' 1A 111 - Proposed Hazardous Waste Overl3y,Zone-
East and Vast Valley
Exhibit 21'- San Bernardino County Hazardous Waste Uverlay
Zone, Rancho Cucamonga'Vicinity
Exhibit 3 - Industrfal-Specific Plan Subarea 15 Prison
Site /1 Mile Radius
Technical Review of the San Bernardino County Draft
Hazardous Waste Management Plan
Letter of Transmittal frOM County to City Regarding Draft
Plan
San Bernardino County Draft Hazardous Waste Management
Plan
TO: CITY COUNCIL-6 PLANNING COMMISSION
RE: SB CO. DRAFT HAZARDOUS WASTE PLAN
February 16, 1968
Page 2
ANALYSIS:
Effects of the Plan on the City: The emphasis of the plan is on siting
cr era or azar ous waste acillties, as well as on the management of
hazardous materials.
S1tiag Criteria: Heavy industrial zones In the County, as wa,l as
w7min cities are piopesed for inclusion in a Hazardous Waste Facility
Overlay Zone. Siting criteria to the Draft Plan indicates that the
heavy industrial area within the City should be excluded from the
Overlay Zone (Exhibits IA, iB and 2)
Specifically, Subarea 15 of the Industrial Specific Plan, a Heavy
Industrial Zone, Is included to the proposed County Hazardous Waste
Facility Overlay Zane. however, the County prison is also proposed to
be located in Subarea 15 to the vicinity of 4th Street and Etiwanda_.
Avenue. The prison would house an •immobile population" ind require a
located within risk
one mile lradius of hopprison. hazardous The o waste
requirement would affect virtually all of Subarea 15. Therefore, it
would be reasonable to exclude Subarea 15 from the Hazardous Waste
Facility Overlay Zone (Exhibit 3)
Mon ement of Hazardous Waste Facilities: The Plan also includes
sec on one managemen o TiazaFdous substances. The plan
acknowledges existing state and federal law on hazardous wastz and
materials management. In most instances, State law deslgnatos the
County as the responsible local agency for management of hazardous waste
and hazardous substances. However, successful management of hazardous
materials will require cooperation with Cities.
The City will be requested to adopt policies and ordinances to support
and assist with hazardous waste management, including the identification
and regulation of businesses wh! store, use and generate hazardous
materials. The Plan proposes al achmei L of an information disclosure
form to Business License application: The Plan also would require
consultation with the County at the design phase fcr new projects which
would store, use or generate hazardous substances.
A detailed summery of the effects of the Plan on the City 1s discusscd
in th e 'Technical Review of the Draft Hazardous Waste Management Plan'
which is attached.
Because the cities will be asked to vote on approval of the plan and
then to locally implement the plan, this workshop with County sL•ff
should focus on the effect of the plan on the City.
BB:MB:ko
i
c i
M NA-ZARDOUS WASTE OVERLAY ZoVC
77
KRAFT tvvarrvH
CITY OF MEM,
RANCHO CUCAMONCA Trlu,
r ILly
RANNM DRISICN EXH!Brr, I R SCALDAME_
.,
;,or.,
I K.
K.
1
TECHNICAL REVIEW OF THE DRAFT HAZARDOUS WASTE MANAGEMENT PLAN
There are 16 sections plug three appendices of the Draft Hazardous Waste
Management Plan. Sore sections directly effect the City. These
include:
Waste Generation Levels, Facility Inventory, and Needs
Assessment (Section III)
o Siting of Sptclfind Hazardous Waste Facilities (Section Y)
o Review Requirmcnts for Hazardous Waste Generators and
Hazardous Materials Handlers (Section YI)
o Storage Regulations (Including home occupancy restrictions. -
Section VII)
n Household Ha- ardous Waste (Section IX)
o Transportation (Section XI)
o Emergency Rtsoonse Procadures (Section "I)
o Ca tamlrated Sites (section d.li)
o On -gocng Data Collet.tlo,. and Analysis P,•ograa (Section XVI)
Following is a summary of the effects of key sections of the plan on the
city.
., NEED (Section III):
An asscssment must demonstrate need prior to siting a facility. With
the date currently available for waste generation in San Bernardino
County, there appears to be a need for:
o A transfer station which would include the capability for
stabilization.
o A small used oil recovery facility.
However, through a JPA mechanism, the County of San Bernardino 1s a
member of the Southern California Hazardous Waste Management Authority
which Includes Santa Barbara, Ventura, Riverside. Orange, Imperial and
San Die•�o Counties, as well as the City of Los Angeles The County of
Los Angeles 1s not part of the Joint Powers Agreement.
In the Ccinty Plan, the need of the entire region may be used in a needs
assessment for a facility. However, the members have dlso agreed to a
•fair share' concept that "every city and county in the region will
■
14
K' Y• v
TENNICAL'REVIEN.QF GRAFT
Page 2
accept responsibility for' the management of hazardous wastes in an
amount Rroportional to the hazardous wastes generated within the city or
county, ,+
Needs Issues: Is the language of the plan sufficiently explicit to:
o Limit the number of treatment facilities in the County?
o Limit the type and size of a facility which might be located
to the City?
SITING CRITERIA (Chapter V):
This is potentially the most controversial se. cfon of the County Plan.
It identifies general areas which are sultab,c for siting hazardous
waste facilities based on demonstrated need as explained above. An
overlay zone identifies areas within the County which meet the
environmental constraints for siting hazardous waste facilities. _
Constraints include criteria such as:
o distance to residences
o distance to immobile populations
o depth to ground water
o protection for drinking water supply
o nearness to seismic fault zones
o protection from flood hazard
o protection from usable slopes and soils
o protection for air quality
o protection of prime agricultural land
o access to safe travel routes
Additional constraints which must be considered include:
o availability of emergency services
o availability of needed Infrastructure
o compatibility with adjacent land uses
I
r� TEChNICAL REVIEW N
HAZARDOUS WAASTE PLAN
Page 3
These constraints would restrict any repository to the desert portions
of the County. They would restrict treatment facilities to industrial
zones in the valley area. In Rancho Cucamonga, the Heavy Industrial
Zone, east of the I -15 freeway, Industrial Specific Plan, Subarea 15, is
included.
Under the plan, five types of facilities would be permutable in a Heavy
Industrial Zone:
1. Transfer /storage stations
2. Treatment facilities
3. Recycling facilities
4. Solidification or stabilization facilities
S. Incineration facilities
Siting Issues: The siting requirements in the plan as written do not
provide —clear mechanism for excluding some types of treatment
facilities, except application of the above criteria or that an area be
entirely excluded from the plan. Because of clear zoning
incompatibility, the City previously requested that all the industrial
area within the Industrial Specific Plan be excluded except Subarea 15,
the Heavy Industrial Zone.
As the Industrial Specific Plan is currently written, no hazardous waste
facility would be permitted in Subarea 15, with the possible exception
of a transfer /storage station with or without a stabilization
facility A transfer station could have the appearance of a large
warehouse plus above ground storage tanks and silos.
Facilities which would not now be permitted In Subarea 15 include a
hazardous waste incineration facility, a waste oil recycling facility,
or a treatment facility. An incineration facility would appear to be
unsuitable based on air quality considerations. Neither a recycling
facility or a treatment facility appear to be compatible with the
surrounding uses. A waste oil recycling facility would be similar to an
oil refinery or petro - chemical plant. A treatment facility for liquid
wastes could be expected to have the appearance of a municipal sewage
treatment facility.
Increasingly business and industry store or use hazardous materials to
their operation Some also generate hazardous wastes. The County
TECHNICAL- �REVIEW aOF,ORAFT
HAZARDOUS WASTE`PLAN
Page 4
Department of Environmental Health Services and the Fire Oistricts are
responsible for regulating most of these uses. The County Plan w. „•rn
provide additional regulation. The cooperation of the City is reo•.r,•
for effective identification of all businesses which store an aif
hazardous materials or generate hazardous waste.
For the City, the purposes of identification of users and generators of
hazardous materials is to be sure that:
o the business or industry is in the proper base zone
o proper design criteria has been met
o necessary permits have been or will be obtained
o information is disclosed about hazardous waste contamination
of a site prior to development
o adequate conditions have been met to ensure that public's
health and safety are protected.
_Y Review Issues: The County Plan would add criteria for hazardous
materials and hazardous waste to other zoning considerations. This
5 would add a major category to the environmental review procedure.
F
When the County Health and Safety Code requires a Business Plan of a new
or modified business, the City should require the completion of the
Business Plan prior to the start of operations. The implementation of
this action would require minor changes in permit applications for new
ousinesses.
The County Plan requires screening to identify changes which introduce
or increase hazardous materials into an operation. Implementation of
this goal requires identification of the nature of the business or of a
lessee or sub- lessee through a mechanism such as a business license,
building permit, home occupation permit and /or land use permit. It
might require the introduction of an occupancy permit for all business
and industrial users. (See 'Program for Hazardous Waste Generators',
below.)
STORAGE REGULATIONS (Section V11):
In addition to the regulation of underground storage, the County Plan
would also regulate above ground storage. It would also prohibit the
storage of hazardous materials in residential areas for use in home
occupations
r
TECHNICAL REVIEW OF DRAFT
HAZARDOUS WASTE PLAN
Page 5
Storage Issues: Storage regulations would be to addition to the County
ea an ety Code which the City would Le expected to adopt by
reference. Implementation would require a disclosure statement from an
applicant for a Lome occupation permit, ds well as periodic site
inspections.
PROGRAM FOR HAZ.iRDOUS WASTE GENEP.ATORS, INCLUDII:G SMALL QUANTITY
M. r;UI18T5 —[L aD er
The State has entered into an agreement with the County for the
regulation of all hazardous waste generators in tje nounty. The process
of identification of generators is in progress, but a more adequate
screening process needs to be developed.
The -ounty Plan requires that the County of San Dernara }no jise the
business license application and renewal to screen businesses to
determined whether they handle hazardous substances, and if so, whether
they have obtained the necessary permits. Implmenta"on requires the,.,. _
County to develop an agreement with the incorporated cities for:
o Use of the business license as a disclosure document
o Development of a uniform disclosure form
o Sharing information between City and County
o Related regulatory procedures, including planning and
building permit applications.
Identification and regulation of hazardous waste generators will
contribute to the health and safety of the community. The County role
will be primarily to regulate the use, storage and generation of
hazardous substances. The City role will be primarily identification of
bus.nesses which use, store or generate hazardous substances.
Generator Issues: Identification and regulation of businesses which
s ore, use or generate hazardous waste raises several issues, including:
o Whether the business license is the appropriate local
mechanism for this purpose
o Whether an occupancy permit for business and industry would
be a better mechanism
o The cost of identification and regulation
o Assessment of fees to cover the costs
0 Allocation of fees between City and County
1a v -, P. -'
TECHNICAL REVIEW OF DRAFT
HAZARDOUS WASTE PLAN
Page 6
As used by the City, the business license 1s primarily a tax
mechanism. Several cities, for example Redlacends, Barstow and Carson,
include a questionnaire with the business linse application and with
the annual renewal applications. The questionnaire form requests
information about the use, storage or generation of hazardous
materials. The questionnaire functions as a disclosure document and may
be used for regulatory purposes. To be most effective, the City should
adopt the questionnaire form designed by the County.
Because non - compliance with regulations may result In increased risks to
community health and safety, a mechanism 1s needed to keep a business
from operating until all requirements have been met and to close dotin
the business or industry if it fails to maintain safe operation. Should
the City require an occupancy permit for this and other regulatory
purposes? Should there also be a schedule of lines for non - compliance?
In order to pay the costs of regulation of storage, use and generation
of hazardous material, a fee system will be necessary. According to.the�
County Plan, the County will set appropriate fees. However, if the
business 1s located in the City, the City should also levy fees to
recover costs of administering the program. lire amount of the fee could
be in proportion to the amount of hazardous materials stored, used or
generated. It could be added to the business license fee.
Since responsibilities will be shared by the County and the City, a
Memorandum of Understanding between the County and the City could be
executed to clarify the responsibilities of each jurisdiction and the
associated costs.
identification and regulation 1s not limited to City business license
and /or an occupancy permft procedures. It also involves planning and
building permit application procedures, including environmental review
and design review, as well as inspection programs and policies. Changes
in these procedures may be changed as a matter of policy or as a result
of formal changes in the General Plan and the Development Code.
HOUSEHOLD HAZARD WASTE (Section I%):
The County Plan incorporates the County sponsored Household Hazardous
Waste Collection program. the County Plan recognizes the significant
community benefit of the Household Hazardous Waste Collection program.
The County Plan also recognizes that government agencies should be
subject to the same rules as private business. Therefore, a Household
Hazardous Waste collection center will be operated as a small quantity
generator, and come under small quantity generator regulations.
HouseholdHazardous Waste Issues: The City has been supportive of the
use o azar pus as e collection program. There is one collection
center in the City, which is located at the Etiwanda Fire Station
TECHNICAL REVIEW OF DRAFT
HAZARDOUS WASTE PLAN
Page 7
TRANSPORTATION (Chapter XI):
The County goal is to ensure: the safe transportation of hazardous
materials in and through tha County. Cities also hive the right to
restrict travel to adequate transportation corridors.
Transportation Issues: Should the City adopt restrictive routes for the
ransportaEioo ofTiarlaus materials? Should the Plan address the risk
of upset of hazardous materials in transit through the County, as well
as the ability of local agencies to respond In the event of upset en the
highway (also see belm).
EMERGENCY RESPONSE (Section X11):
piece stvequiredubyelaww..erit emergency discussesothe Businessare
Planalready
red
of each business which handles at any one time more than 500 pounds, 55
gallons, or 200 cubic feet (compressed gas) of a hazardous material. .:
Eger p an enc Response Issues: Is the City required to file a business Res pp
Notification not
5ummary"- ficaThe 46 mentioned Inter-Agency oHazardo s Este and
Response Team environmental health
personnel. How does City staff Interact with o
withthis
team?
CONTAMINATED SITES (Section XIII):
r Cortese) requires that sites contaminates with
State law (AD 3750,
hazardous waste be listed by the State and that an applicant for
development sign a statement indicating whether the project is located
on a site Alch appears on the list.
Con
tami d S
nateites Issues: There are a few such sites in the City. The
T,aun y an wou go —suer and rtquire that:
o The current status of the site be determined
o If the site has not been cleaned up, then a plan for site
clean -up must be filed with the County prior to development.
DATA COLLECTION AND ANALYSIS (Spection XVI):
The consolidating data from all hazardous nw waste information
hazardous retrieval
matesystem
iall$
programs.
Page ,8
' rrI
Data Collection Issues: This Program should include inter- agency
cooperation, Including City access to and contribution of informattcn.
SUMWY:
The County is circulating the Draft San Bernardino County Hazardous
Waste HanaQement Pltn for, the purpose of early review' and comment.
Review and comment is; especially needed for the sensitive Issue of `
hazardous waste facility siting and also needed on issuei regarding the
Identification and regulation of businesses which store, use and
generate hazardous materials.
January S. 1988
HB:ko
CITY OF RAiINCF.O CUCAAiONGA
MEMORANDUM
DATE: February 16, 1988 '
TO: or and Members of the City Council
0 r ad Buller city Planner
f0. -
SUB ECT: APPEALS OF PLAWIING COMMISSION DECISiDNS 1986 AND 1537
During the period of January 1986 to December 1987, a t3ta) Of 22
appeals we.°e considered lip the City council. Eight appeals were heard
in 1936 and fourteen appeals heard'in.1987. Of -the 22 appeals,- the - City
Council approved 43 percent of the appeals. - Of;'the 2, appeal z; 34
percent dealt with the question of undergrounding cf which half of them
were approved to delete the undergrounding requirements., • "�
The attached graphic illustrates the comparison Aatwaen the appeals
heard and acted upon by the City Council during 1986 and 1937. In 1986,
the City Councft heard 8 appeals and overturned the Coamission 69
percent of the time or 5 L /.2 of the $ appeals. In 1981, the, City
council heard 14 apppeals and overturned the Commission 29 percent of the
time or 4 out of tha 14, it is ttear that 1n 1987 tho` number of appeals
almost doubled and the city Council was supporting the Commission on a
majority of those appeals.
It should also be noted that during 1986, the Planning Commission
reviewed 293 items of which only 8 (eigh:) or 2.7 percent were
2ppealed. During 1987 the Planning Comissiun reviewed 383 item of
listhofnthose (fourteen)
that ware5appealed during appealed. 86 and 19tjachad is a
Attachments
cc: Lruren Wasserman
Jack Last
Puss Maguire
.t°
4�
APPEALS
'
Of Plamkib Commission Decisions
1980 - lGal
M UPHELD ISM ovEnruRN E= REFER BACK
S"m Oly canal ftnulm
W."
1.
y
APPEALS 1966 AND 1987
Hearin Date
- o ppea
Project Description
Appealed Issues
Vote
1986
2/5/86
OR 85-28, Haven Ave Food
Loading Zone
4 -0 -1
Court Virginia Dare, NNC
Location and Design
approve appeal
Foothill and Haven
6/4/86
Dt. 85-53. Anderson, NWC
Meandering sidewalk
3 -2, approve
Sixth W/o Turner
and utility under-
appeal
grounding
-
6/4/86
lo Pacific
o
sa, W/o Hillside
W Hermosa,
utility underground
appeal n Trail
/s
ing
location but
approve waiver
of under -
grounding
8/20/86
CUP 84-14, Veterans of
Revocation of CUP
approve appeal.
Foreign Mars
. abstained
10/1/86
CUP Western
1 et
ofovehiclesarY.ing
back to PC
10/1/86
OR 86-14, Haven Ave
I�vt: tors, E/s Havon,
'.Ulndergrounding
approve appeal
S/o Civic Center Drive
12/3/86
DR 86-26, Barton, S/s Arrow
E/o Utica
Utility
undergroundin9 and
3 -2
oeny appeal
storm drain
12/17/86
TT 10349, Walton
Equestrian Trail
3 -1,
approve appeal,
W/s Sapphire at Thoroughbred
I abstained
1/7/87 PH 10237, Barton Develop Utility 3 -2
S/s Arrow, E/o Utica Undergrounding deny appeal
1/7/87 Terra Vista Cul- de-sac Fencing for side approve appeal
Fencing on cul-de -sacs
.., Me . ,�aA`��.,dr ."�`ur ti• .. i" ,.,ice
uwomc a
E:VT. BEST 5, KRI OER `
Felruaty , 1988
j+1
TO: Bu
FROM:TrBEcr �, uarECett.
Attached is an undated version of the Brown Act. -, ,
which incorporates all amendments that went into effect
January 1, 1988
t
sa• ;
__•e wy r.
' �.. ,;,` {,'_+;,fir- i _ _ _
_ t - ;r-�:....,s.w.
-APPEALS
1986 AND 1967
Paye 2
Hearin
Date
o ppea Protect Descri tlon
Appealed Issues
Vote
r;
4/1/87
Tree Removal Permit 87 -q1
Tree Removal for
5 -0
5
Kunes d Co., S/s Foothill,
billboard
deny appeal
y
E/o Heles Avenue
visibility
C
5/6/87
TT 13116, Friedman Homes
Orientation of
4 -0,
NEC Arcaibald and Corrarl
homes onto Carrari,
deny appeal,
horse trails, and
1 abstained
the keeping of
horses
6/3/87
VAR 86-M (Amended),
Maximmi height
4 -1
Spietnagel, 5327 Carrow Ave.
of antenna
deny appeal
8/19/87
TT 13063, Citation Hors
East Ave street-
4 -0,
E/s East Ave at Catalpa
scape and tree
deny appeal,
removal
1 abstained
4,—
9/2/87
OR 87 -70 Sixth St, Turner
Utility
4 -1
Ltd.,NEC Turner and Sixth
Undergrounding
deny appeal
9/16/87
PM 59 -96, David Bowden
Utility
4 -C -i
S/s Willson, E/o Haven
Lrrdergrounding
approve appeal
9/16/87
TT 13476, William
Grading, Tree
5 -D
Properties Consultant,
Removal and Utility
deny appeal
NEC Hellman and Tryon
Undergrounding
10/21/87
DR 87 -26, J. eermant Devtlop
Landscaping and
5 -0
SEC Arrow and Rochaster
irrigation of
deny appeal
freeway r.o.w.
10/21/87
TT 13541, Allmark
Completion of
3 -2
N/o Redhill Country Club
Sierra Vista
approve appeal
Drive at Sierra Vista
(Modified
Conditions)
10/21/87
Tree Removal Permit 87 -43
Tree Removal
5 -0
Bencomo, 9538 Gala Avenue
approve appeal
11/4/87
DF. 87-44, Intrastate
Handing Materials
4 -1
Financial, SEC Haven Ave
approve appeal
and Civic Center Drive
11/4/81
IT 13063 - Citation Homes
Tree Removal
4 -0,
E/s East Avenue at Catalpa St
deny appeal,
S/o Highland
1 abstained
,
r
Z4
.41
u mne o
t. ES Bw r-ST KRI GER
Y
Ferq 8, /1988
r cc TO: PUBi C ta, FF.OM: RESZ jMS rr KRIErti L T -
Attached is an undated version of the Brown Act _
which incorporates all amendments that went into effect �-.--
January 1, 1988.
fd� `
CC
?(i- Z :.
G
gvA Pte'
r
•
I
ri
i
IA* 0 1,I<r. G.
BEST BEST 6 KRIEGER
TDE 1988 BROWN ACT
Page
Policy of act
1
Coverage of act
2-5
All meetings open
5
Agenda
9- 10" _
Exceptions (closed sessions)
(a) License Applications
16
(b) Real Property Transactions
17
(c) Pending Litigation
17 -20
(d) Public Safety
20
(a) Employment Decisions
21-22
(f) Salaries; salary sc' _'•%les
25
Reporting before and after ck. .. session
19,22,26
Rege ar meeting
7 -8
Adjourned meeting
11 -12
Special meeting
13 -15
Criminal penalty
27
Civil penalty, costs a fees
30 -31
c
• r4 ,
ii
,s
THE BROWN ACT
(Government Code Sections 54950 et aeq•)
Effective January 1, 1988
5$ 4950. Declaration Intenti Sovereignty
In enacting this chq�ter, the Legislature finds and
declares that the public commissions, boards and councils
and the other public agencies in this State exist to aid in
the conduct of the people's business. It is the intent of
the law that their actions be Osten ipenly and that their
deliberations be conducted openly.
The peopla of this State do not yield their sover-
eignty to the agencies which serve them. The people, in
delegating authority, do not give their public servants the
right to decide what is good for the people to know and what
Is not good for them to know. The people insist on remain-
ing informed so that they may retain control over the
instruments they have created.
554950.5. Title of Act
This chapter Shall be known as the Ralph M. Brawn
Act.
55 0951. Local Agency_ , Definitlon ,
As used in this chapter, 'local agency" means a
county, city, whether general law or chartered, city and
�c county, town, school district, municipal corporation, dis-
trict, yo /itical subdivision, or any board, commission or
s
agency thereof, or other local public agency.
554951.1. Local Agencyl Private Nonprofit Organizations
Included
For the purposes of this chapter, and to the extent
not inconsistent with federal law, the term 'local agency" +�^
shall include all private nonprofit organizations that
re::eive public money to bo expended for public purposes
pursuant to the 'Economic opportunity Act of 19640 (P.L.
88 -452; 78 Stat. 508).
554951.7. Local Agency as Including Nonprofit Corporation
APPOintel by Public Agency to Acquire, Construct, Naintain
or operatd Public Work Project
0 "Local agency" includes any nonprofit corporation,
created by one or more local agencies, any one of the
members of whose board of directors is appointed by such
local agencies and which is formed to acquire, construct,
reconstruct, maintain or operate any public work project-
0
-2-
r Y-
554952.
r
Legislative Body, Definition
As used in this chapter, "legislative body" means
the governing board, commission, directors or body of a
r local agency, or any board or commission thereof, and shall
F include any board, commission, committee or other body on
M
y� which officers of a local agency serve in their official
ms
capacity as members and which is supported in whole or in
part by funds provided by such agency, whether such board,
•i.
commission, committee or other body is organized and
operated by such local agency or by a private corporation.
54$ 952.2. "Legislative Body" as Includino Body with
Delegated Authority
' As used in this chapter, "legislative body" also
•
means any board, commission, committee, or similar multi-
, member body which exercise any authority of a legislative
body of a local agency delegated to it by that legislative
tiv body.
• 54$ 952.3. "Legislative Body" as Includis..i dvisory Bodies
As used in this chapter, "legir -ative body" also
includes any advisory commission, advisory committee or
• advisory body of a local agency, created by charter, ordi-
nance, resolution, or by any similar formal action of a
legislative body or member of a legislative body of a local
• agency.
-3-
i
Meetings of such advisory commissions, committees
or bodies concerntng subjects which do not require an ezaml-
nation of facts and data outside the territory of the local
agency shall be held within the territory of the local
• agency and shall be open and public, and notice thereof must
be delivered personally or by mail at least 24 hours before
the time of such meeting to each parson who has requested,
• in writing, notice of such meeting.
If the advisory commission. .,ommittea or body
elects to provide for the holding of regular meetings, it
• shall provide by bylaws, or by whatever other rule is
utilized by that advisory body for the conduct of its busi-
ness, for the time and place for holding such regular
meetings. No other notice of regular meetings is required.
-Legislative body' as defined in this section does
not include a committee composed solely of members of the
governing body of a local agency which are less than a
quorum of such governing body.
The provisions of Sacticne 54954, 54955, 54955.1
• and $4956 shall not apply to meetings under this section.
55 4952.5. Legislative Body as Ircluding Permanent Boards or
w commissions of Local Agencies
As used in this chapter, 'legislative body' also
Includes, but is not limited to, planning commissions,
• library boarder recreation commissions, and other permanent
boards or commissions of a local agency-
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S54952.6. 952.6. Action Taken, Definition
As used in this chapter, 'action taken" means a
collective decision made by a majority of the members of a
legislative body, a collective commitment or promise by a
majority of the members of a legislative body to make a
positive or a negative decision, or an actual vote by a
majority of the members of a legislative body when sitting
as a body or entity, upon a motion, proposal, resolution,
order or ordinance.
554952.7. Copies of Chapter to Members of Leaialative Bow
of Local Agencies
A legislative body of a local agency may require
that a copy of this chapter be given to each member of the
legislative body. An elected legislative body of a local
agency may require that a copy of this chapter be given to
each member of each legislative body all or a majority of
whose members are appointed by or under the authority of the
elected legislative body.
554953. Meetings to be open and Fublict Attendance
All meetings of the legislative body of a local
agency shall be open and public, and all persons shall ba
permitted to attend any meeting of the legislative body of a
local agency, except as otherwise provided in this chapter.
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554953.1. Testimony of Members Before Grand Jur
The rrovisiona of this chapter shall not be con-
strued to prohibit the members of the legislative body of a
local agency from giving testimony in private before a grand
jury, either as individuals or as a body.
�:.
554953.3. RResgiatution Etc Not to be Required as
Condition for Attendance by Member of Public at Meetings
A member of the public shall not be required, as a
� condition to attendance at a meeting of a legislative body"- � -
`3 cf a local agency, to register his or her name, to provide
questionnaire, or otherwise
other information, to complete a
to fulfill any condition precedent to his or her attendance.
If an attendance list, register, questionnaire, or
other similar document is posted at or near the entrance to
the room where the meeting is to be held, or is circulated
to toe persons present during the meeting, it shall state
clearly that the signing, registering, or completion of the
document is voluntary, and that all persong may attend the
meeting regardless of whether a person signs, rogistets, or
completes the dezument.
i
•
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.;, 5C� 953.5. Right to Record Proceedings
r-
y Any person attending an open and public meeting of
" a legislative body of a local agents shall have the right to
F
t,. record the proceedings on a tape recorder in the absence of
ly a reasonable finding of the legislative body of the local
,f e, agency that such recording constitutes, or would conaticute,
i€ a disruption of the proceedings.
S54953.7. Access to Meetings Beyond Mlnimal Standards
Notwithstanding any other prov /lion of law, 1.300-
rlative bodies of local agencies may impose requirements upon.-,-..
themselves which allow greater access to their meetings than
!'
prescribed by the minimal standards set forth In this
chapter. In addition thereto, an elected legislative body
of a local agency may impose such requirements on those
•- appointed legislative bodies of the local %n ^ncy of which
r all or a majority of the membors are app�-,..Luu by it under
the authority of the elected legislative body.
$54954. Rules for Conduct of Business: Time and Place For
Holding Regular Meetings
The legislative body of a local agency shall
provide, by ordinance, resolution, bylaws, or by whatever
other rule is required fo: the conduct of business by that
body, the time for holding regular meetings. Unless other-
wise provided for in the act under which the local agency as
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i
fotmed, eoetings of the legislative body need not be held
within the boundaries of the territory over which the local
agency exercises jurisdiction. if at any time any regular
meeting falls on a holiday, such regular meeting shall be
held on the next business day. If, by reason of fire,
flood, earthquake or other emergency, it shall be unsafe to
meet in the place designated, the meetinga may be held for
the duration of the emergency at such place as is designated -
by the presiding officer of the legislative body.
554954.1. Mailed Notice of Meetings on Request Therefore
Charge
The legislative body of any district which is
S subject to the provisions of this chrptcr shall give mailed
notice of every regular meeting, and any special meeting
which is called at least one week prior to the date set for
! the meeting, to any owner of property located within the
diatrlct who has filed a written request for such notice
with '.he legislative body. July mailed notice required
• purv.ant to this section shall be maned at least one week
prior to tho date set for tho meeting to which it applies
except that the legislative body may give such notice as it
• deems practical of special meetings called leas than seven
days prior to the date set for the meeting.
Any request for notice filed pursuant to than
• section shtll be valid for one year from the date on which
4
_e
it is filed unless a renewal request is filed. Renewal
requests for notice shall be :Sled within 90 days after
January 1 of each year. Any request for notice, or renewal
request, filed pursuant to this section shall contain a
description of the property owned by the person filing the
request. Such description may be in general terms but shall
be sufficient to readily identify such property.
The legislative body may establish a reasonable
annual charge for sending such notice based on the estimated
cost or providing such a service.
50950_2 Agendas Pcstingt Action on Other lta[tecs
(a) At least 72 hours before a regular meeting,
the legislative body of the local agency, or its designee,
f shall post an agenda containing a brief general description
of each item of business to be transacted or discussed at
t` the meeting. The agenda shall specify the time and location
of the regular meeting and shall be posted in a location
that is f:eely accessible to members of the public. No
i
action Shall be taken on any item not appearing on the
poste: agenda.
(b) Notwituatanding subdivision (a), the
legislative body may take action on items of buniness not
a,jWaring on the posted agenda under any of the following
conditions:
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(1) Upon a determination by a majority vote
of the legislative body that an emergency situation exists,
as defined in Section 58956.5.
(2) Upon a 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 the need to take action arose subsequent to
the agenda being posted as specified in subdivision (a).
(3) The item was posted pursuant to
subdivision (a) for a prior Meeting of the legislative body
occurring not more than give 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
$54956.3. Opportunity for Public to Address Leqislative
eodyr Regulations
(a) Every agenda for regular meetings shall
provide an opportunity for members of the public to directly
address the legislative body on items of interest to the
public that are vithin 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 authorised by subdivision (b) of Section
54954.2. However, in the case of a meeting of a city
council in a city or a board of supervisors in a city and
I
county, the agenda need Lot 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 or board, 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 h the item, as
determined by the council or board.
(b) The legislative body of a local agency may
adopt reasonable regulations to ensure that the intent of
subdivision (a) 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.
! 5j 4955. adjournment of Meotiroe
The legislative body of a local agency may adjourn
any regular, adjourned regular, special or adjourned special
• meeting to a time and place specified in the order of
adjournment. Less than a quorum may so adjourn from time to
time. If all members are absent from any regular or
• adjourned regular meeting the clerk or secretary of the
legislative body may declare the meeting adjourned to a
stated time and place and he shall cause a written notice of
• the adjournment to be given in the same manner as provided
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In Section 54956 for special meetings, unless such notice is
waived as provided for special meetings. A copy of the
- order or notice of adjournment shall be conspicuously posted
on or near the doer of the place where the regular,
adjourned regular, special or adjourned special meeting was
held within 24 hours after the time of the adjournment.
When a regular or adjourned regular meeting is adjourned as
provided in this section, the resulting adjourned regular
meeting is a regular meeting for all purposes. When an
order of adjournment of any meeting fails to :Cate the hour
at which the adjourned meeting is to be held, it shall be �'�- -- ^•
held at the hour specified for regular meetings by ordi-
nance, resolution, bylaw or other rule.
554955.1. Continuance of (fearing to Subsequent Meeting
Any hearing being held, or noticed or ordered to be
hold, by a legislative body of a local agency at any meeting
may by order or notice of continuance be continued or ceeon-
tinued to any subsequent meeting of the legislative body in
the same manner and to the aame extent set forth in Section
54955 for the adjournment of meetings) provided, that if the
hearing is continued to a time lesa than 24 hours after the
time specified in the order or notice of hearing, a copy of
the order or notice of continuance of hearing shall be
posted immediately following the meeting at which the order
or declaration for continuance was adopted or made.
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S, 5$ 4956. Special Meetings; G11; Notice
+" A sp,.eciaF meeting may be called at any time by the
presiding officer of the legislativo body of a local agency, !,
r or by a majority of the members of the legislative body, by
y
delivering personally or by mail written notice to each
r�
member of the legislative body and to each Local newspaper
• of general circulatica, radio or television station request
3 ing notice in writing. The notice shall be delivered per-
sonally or by mail and shall be received at least 24 houro
before the time of the meeting as specified in the notice.�'=h°--- -
The call and notice shall specify the time and place of the
f' special meeting and the business to ". transacted. No other
business shall be considered at these meetings by the legis-
lative 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 bcdy a
written waiver of notice. The vaivec may be given by
telegram. The written notice may also be dispensed with as
to any member who is actually present at the meeting at the
time it convenes. Notice shall be requ.red pursdart to thlc
section regardless of whether anv actior. 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 '
Y freely accessible to members of the public.
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j;- 554956.5 FStergeney N�etinas in Fmez9ency Situations
in the case of en emergency situation - nvolving
matter& upon which prompt action is uecessazy duo to the
. "z
disruption or threatened disruption of public facilities, a
w, legislative body may hold an emergency meeting without
complying with either the 24-hour notice requirement or the
� 24 -hour posting requirement of Section 56956 or both of the
'.; notice and posting requirements.
r
For purposes of this section, *emergency situation
smeans any of the followings
(a) Work stoppage or other activity which severely
i. impairs public health, safety, or both, as determined by a
majority of the members of the legislative body.
(b) Crippling disaster which severely impairs
public health, safety, or both, as determined by a majority
4P of the members of the legislative body.
However, each local newspaper of general circu-
lation and radio or television station shich has requested
. notice of special meetings pursuant to Section 54356 ¢hall
be notified by tho presiding officer of the legislative
body, or designee thereof, one hour prior to the emergency
I
t meeting by telephone and all telephone numbers provided in
the most <scent request of such newspaper or station for
notification of special meetings shall be exhausted. In the
event that telephone services are not functioning, the
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notice requirements of this section shall be deemed waived,
and the legislative body, or designee of the legislative
body, shall notify those newspapers, radio stations, or
television stationa of the fact of the holding of the
emergency meeting, the purpose of the meeting, and any
action taken at the meeting es soon after the meeting as
possible.
Notwithstanding Section 549 57, the legislative body -
' shall not meet in closed session during a meeting called
`= pursuant to this section.
� All special meeting requirements, as proscribed in-._
F+ Section 54956 shall be applicable to a meeting called
pursuant to this section, With the dxceytion of the 24 -hour
notice requirement.
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 attempted to notify, a copy of the rollcall
vot4, and any actions taken at the meeting shall be posted
• for a minimum of 10 days in a public plaeo as soon after the
meeting an possible.
545 956.6. Pees
No fees may be chargod by the legislative body of a
local agency for carrying out any provision of this chapter,
except as specifically cuthoriaed by this chapter.
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i
5d� 956.7. ClaaedSOSSiOnsl License Applicationst
Rehabilitated Criminals
Whenever a legislative body of a local agency
determines that it is necessary to discuss and determine
whether an applicant for a license or license renewal, who
'9
4 has a criminal record, is sufficiently rehabilitated to
obtain the license, the legislative body may hold a closed
'-' session with the applicant and the applicant's attorney, if
any, for the purpoae of holding the discussion and making
the determination. If the legislative body determines, as.a� _
result of the closed session, that the issuance or renewal
' of the license should be denied, the applicant shall be
•
offered the opportunity to withdraw the application. it the
applicant withdraws the application, no record shall be kept
of the discussions or decisions made at the closed session
'* and all matters relating to the closed session shall be con-
`" fidential. If the applicant does not withdraw the applica-
tion, the legislative body shall take action at the public
, meeting during which the cloaed session is held or at its
next public meeting denying the application for the license
but all matters relating to the closed session are confiden-
tial and shall not be disclosed without the consent of the
applicant, except in an action by an applicant who has been
denied a license challenging the denial of the license.
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S4S 956.8. Real Property Transactions; Closed Meeting With
Negotiator
Notwithstanding any other provision of this
chapter, a legislative body of a local agency may hold a
closed sesnion with its negotiator prior to thn purchase,
sale, exchange, or lease of real property by or for the
local agency to give instructions to its negotiator regard-
ing the price and terms of payment for the purchaae, sale,
exchange, or lease.
However, prior to the closed session, the legisla-
tive body of the local agency shall hold an open and public
session in which it identifies the teal property or real
properties which the negotiations may concern and the person
t or persons with whom its negotiator may negotiate.
For the purpose of this section, the negotiator may
be a member of the legislative body of the local agency.
For purposes of this section, "lease" includes
renewal or renegotiation of a lease.
Nothing in this section shall preclude a local
agency from holding a closed session for discussions regard-
ing eminent domain proceedings pursuant to Section 54956.9.
a §54956.9. Pending Litigation; Closed Session; Abrogation of
Privilege; Notice; Memorandum
Nothing in this chapter shall be construed to
prevent a legislative body of a local agency, based on
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•
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■
advice of its legal counsel, tram holding a closed session
�F to confer with, or receive advice from, its legal counsel
3x regarding pending litigation when discussion in open session
41 those matters would prejudice the position of the
`!'' ' local agency in the litigation.
1
For purposes of this chapter, all expressions of
:7 the lawyer - client privilege other than those provided in
this section are hereby abrogated. This section is the
v."
q exclusive expression of the lawyer- client privilege for
t1 purposes of conducting closed- session meetings pursuant to
c;
this chapter. For purposes of this section, litigation
�Z shall be considered pending when any of the following
circumstances exist:
(a) An adjudicatory proceeding before a court,
administrative body exercising its adjudicatory authority,
hearing officer, or arbitrator, to which the local agency is
a party, has been initiated formallyt
(b) (1) A point has been reached where, in the
opinion of the legislative body of the local agency on the
advice of its legal counsel, based on existing facts and
oircumstanres, there is a significant exposure to litigation
against the local agency; or
(2) Based on existing facts and circum-
stances, the legislative body of the local agency is meeting
only to decide whether a closed session is authorized
pursuant to paragraph (1) of this subdivision;
H-
(c) eased on existing facts and circumstances, the
legislative body of the local agency has decided to initiate
or is deciding whether to initiate litigation.
Prior to holding a closed session pursuant to this
section, the legislative body of the local agency shall
V_
e state publicly to which subdivision it is pursuant. If the
session is dosed pursuant to subdivision (a), the body
a-
1 shall state the title of or otherwise specifically identify
the litigation to be discussed, unless the body states that
` to do so would jeopardize the agency's ability to effectuate
service of process upon one or more unserved parties, or
that to do so would jeopardize its ability to conclude
existing settlement negotiations to its advantage.
O The legal counsel of the legislative body of the
local agency shall prepare and submit to the body a memor-
andum stating the specific reasons and legal authority for
the closed session. If the closed session is pursuant to
subdivision (a), the memorandum shall include the title of
the litigation. if the closed session is pursuant to sub -
w division (b) or (c), the memorandum shall include the
existing facts and circumstances on which it is based. The
legal counsel shall submit the memorandum to the body prior
to the closed session if feasible, and in any case no later
than one weak after the closed session. The memorandum
shall be oxempt from disclosure pursuant to Section b151.1.
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For purposes o1 this section, "iltigation' inclubes
any adjudicatory proceeding, including eminent domain,
before a court, administrative body exercising its adjudica-
tcry authority, heeling officer, or arbitrator.
Exclusion of Nitnesae■
C$• S�C957. Closs�ns
Nothing contained in this chaplet shall be eon'
c
" a local agency
strued t° prevent the legislative body Of
•'� lcom holding closed snssions with the attorney General,
district attorney, shecif•d, or chief of police, or their
Posing a threat to the Y�
�`= respective deputies, on matters P° slit's
i _
security Of public buildings •ac a threat to the
.4 right of access to public eewices °a pcyularlorispeciel °
from holding closed sesaiensintmen[, employment, evaluation
meeting to consider the appointment, to ea evaluation
to heat
of performance or dismissal of a public amp Y
complaints or charges brought against such employee
another person or employee unless such employee requests a
public hearing. The legislative body also may exclude LreC'
any such public or closed meeting, during the examination of
i
a witness, any or all other witnesses in the matter being
investigated by the legislative body-
For the purposes of this section, the term
-employee' shall not include any person elected to otfica,
employ of a local
or appointed to an office by the legislative body
agencyt pLOV�,,d, however, that nonslective positions of
•
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s�
city manager, county administrator, city attorney, county
counsel, or a department head or other similar administra-
tive officer of a local agency shall be considered employee
positional and provided further, that nonelective positions
of general manager, chief engineer, legal counsel, district
.`,• secretary, anditur, assessor, treasurer or tax collector of
1
any governmental district supplying services within limited
- boundaries shall be deemed employee positions.
Nothing in this chapter shall be construed to
prevent any board, commission, comittss or other body
organized and operated by any private organization as
defined in Section 54954 from holding closed sessions to
consider (a) matters affecting the national security, or
w (b) the appointment, employment, evaluation of performance
or dismissal of an employee or to hear complaints or charges
brought against such employee by a"ther person or emplov'e
unless such employee requests a public hearing. Such body
also may exclude from any such public or closed moeting,
during the examination of a witness, any or all other wit -
ntrses in the matter being investigated by the legislative
body.
. $54957_:. Cloati Sessional Public Report of Employment
Decisions
The legislat.ve tody of any local agency shall
publicly report at the public meeting during which the
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closed aession is held or at its ne)t public meeting any
action taken, and any roll call vote thereon, to IPPOint,
employ or dismiss a public employee arising out of any
closed 8e80ion of the legislative body.
r,
a5Cg57.2. Ninute Book Record of Closed Seasionsr In— It) .on
(a) The legislative body of a local agency may, by
ordina:,ca or resolution, designate a clerk or other officer
J or employed of the local agency who shall then attend each
S
closed session of the legislative body and keep and enter in
ya minute book a record of topics discussed and decisions
made at the meeting. The minuto book m,ide pursuant to this
section is not a public record subject to inspection pur-
suant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1),
and shalt be kept confidential. The minute book shall be
available only to members of the legislative body or, if a
violation of this chapter is alleged to have occurred at a
closed cession, to a court of general jurisdiction wherein
the local agency 1108. Such minute book may, but need not,
consist of a recording of the closed session.
(b) An elected legislative body of a local agency _
may require that each legislative body all or t majority of
whose members are appointed by or under the authority of the
elected legislative body keep a minute book as prescribed
�A under subdivision. (a).
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wa
56£ 957.5. Agendas and Other Writings Distributed for
Discussion or Consideration at Public Heetingsr Public
E Recordsi Insaectiont Closed Sessions
(a) K.�twithstanding Section 6255 or any other pro-
visions of law, agendas of public meetings and other
writings, when distributed to all, or a majority of all, of
! the members of a legislative body of a local agency by a
3 member, officer, employee, or agent of such body for discus-
; sion or consideration at a public meeting of such body, arc
public records under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of
c
Title 1) as soon as distributed, and shall be made available
! pursuant to Se�lions 6253 and 6255. However, thlP. sact :un
shall not include a:y writing exempt from public d"c au:a
under H000 0.1 6253.5, 6230, or f2.1 7.
y (b) Writings which are ouollc records cn ?er r.ubdi-
vision (a) and which are distributed prior to commencement
of a public meeting shall be sade available for public
w Inspection upon request prior to commencement of such
meeting.
(c) Writings which are public records under sub-
division (a) and which are distributed during a public
meeting and prior to commencement of their discussion at
such meeting shall be made available for public inspection
O prior to commencement of, and during, their discussion at
such meeting.
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(d) Writings which am public records under sub-
division (a) and which are distributed during their dis-
cussion at a public meeting shall be made available fur
*� public inspection immediately or as soon thereafter As is
�- practicable.
{' (e) Nothing in this section uhall be construed to
Y prevent the legislative body of a local agency from charging
a fee or deposit for a copy of a public record pursuant to
Section 6257. The writings d *scribed in subdivisions (b),
(c), and (d) are subject to the ccquirements of the Cali -
j lornia public Records Act (Chapter 3.5 (commencing with
Section 6250), Division 7, Title 1), and subdivisions (b),
(c), and (d) shall not be construed to exempt from public
inspection any record covered by that act, or to limit the
public's right to inspect any record requtred to be dis-
closed by that act. This section shall not be construed to
be applicable to any writings solely because they are
properly discussed in a closed session of a legislative body
of the local agency. Nothing in this chapter shall be
construed to require a legislative body or a local agency to
place any paid advertisement or any other paid notice in any
publication.
(!) "Writing" for purposes of this section means
"writing" as defined under Section 6252.
Y
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5p5 957.6. Closed b-' io, " Le9ielative BoeY oC Local
'41 A enciest Salaries Salary Schedules or Fringe Seneeitsp
Mandatory Sub acts
i
(a) Motwithatanding any other provisi -n of law, A
t
legislative body of a local agency may hold closed sessions
with the local agency's designated representatives regarding
2 66 the salaries, salary schedules, or compensation paid in the
R, Corm of fringe benefits of its represented and unrepresented
u employees. Closed sessions of a legislative body of a local
" agency, as permitted in this section, shall be for the
�4
purpose of reviewing its position and instructing the local
i agency's designated representatives. Closed sessions, as
r permitted in this section, may take plane prior to and
during consultationa and discussions with represantatives of
employee organizations and unrepresented employees.
For the purposes enumeratLd in this section, a
legislative body Of a local agency may also meet with a
state conciliator whn has intervened in the proceedings.
(b) In addition to the ClOLed sessions authorized
by subdivision (a), the legislative body, as defined by
Sections 54952, 54952.2, 54952.3, and 54952.5, of a public
agency, as defined by subdivision (c) of Section 3501, may
hold closed sessions with its designated representatives on
fi
mandatory subjects within the scope Of representation of its
represented employees, as determined pursuant to Section
3504.
•
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°lam
5C� 957.7. Closed Sessions; Statement of Rsasone and Legal
A_uthoritYt Scope of Coverage; Notice
Prior to or after holding any closed session, the
gi
legislative body of the local agency shall state the general
M reason or reasons for the closed session, and may cite the
statutory authority, including the specific section and sub -
,
division, or other legal authority under which the session
is being held. In the closed session, the 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
0 in this section shall require or autho Ise the giving of
nines or other information which would constitute an
invasion of privacy or otherwise unneciisearily divulge the
particular facts concerning the closed session.
X57__9. Authorisation to Clear Room Where Meetirg
• Willfully Interrupted, Etc.
In the event that any meeting is willfully inter-
rupted by a group or groups of persons so as to render the
i orderly conduct of such meeting unfeasible and order cannot
be restored by the removal of individuals who are willfully
interrupting the meeting, the members of the legislative
A body conducting the mooting may order the meeting room
i
!r
E
'i
1&. cleared and continue in sesrien. only matters appearing on
a
the agenda may bp considered in such a session. Aepreaenta-
M
tivea of the press or other news media, except those Parti-
cipating in the disturbance, shall be &)lowed to attend any
• session hold pursuant to this section. Nothing in this
section shall prohibit the legislative body from establish -
h' ing a procedure fo: readmitting an individual oe individuals
• not responblble for willfully disturbing the orderly conduct-
of the meeting.
,y
;—
• 5549sa. Application of Chapter
The provisions of this chapter shall apply to the
z legislative body of every local agency notwithstanding the
• conflicting provisions of any other state law-
554959.
Penalty for Unlawful Heeting
0 Pach eembar of a legislative Wdy who attends a
meeting of such legislative body where action is taken in
violation of any provision of this chapter, with knowledge
• of the fret that the meeting is in violation thereof, is
guilty of a misdemeanor.
s
n
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4
55 4960. Action to Prevent Violations or Determine
Applicability of chaotvr
Any interested person may commence an action by
mandamus, injunction or declaratory relief 2or the purpose
of stopping or preventing violations or threatened viola-
tions of this chapter by members of the legislative body of
a local agency or to determine the applicability of this
chapter to amnions or threatened future action of the legis-
lative body.
554960.1 Unlawful Action by Leaialative Bodvi Action for
tundamua or Injurctloni Prerequie tea
(a) Any interested person may commence an action
oy mandamus or injunction for the purpose of obtaining a
judicial determination that an action taken by a legislative
body of a local agency in violation of Section 54953,
54954.2, or 54956 is null and void under this section.
Nothing in this chapter shall be construed to prevent a
legislative body from curing or correcting an action
CIS challenged pursuant to this section.
(b) Prior to any action being commenced pursuant
to subdivision (a), the interested person shall make a
demand of the legislative body to cure or correct the action
alleged to have been taken in violation of Section 54953,
54954.2, or 54956. The demand shall be in writing and
clearly describe the challenged action of the legislative
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body and nature of the alleged violation. The written
demand shall be made within 30 days from the date the action
was taken. Within 30 days of rwa.ipt of the demand, the
legislative body shall cure or correct the' challenged action
and inform the demanding party in writing of its actions to
cure or correct or inform the demanding party in writlag of
its decision not to cure or correct the challenged action.
If the legislative body takes no action within. the 30 -day -
period, the inaction shall be deemed a decision not to cure
or correct the challenged action, and the 15 -day period to
commence the action described in subdivision (a) shall
commence to run the day after the 30 -day period to cure or
correct expires. Within 15 days of receipt of the written
notice of the legislative body's decision to cure or
correct, the expiration of the 30 -day period to cure or
correct, or not to cure or correct, within 15 days of or
within 75 days from the data the challunged action was
taken, whichever is earlier, the demanding party shall be
required to commence the action pursuant to subdivision (a)
or thereafter be barred from commencing the action.
(c) M action taken shall not be determined to be
null and void if any of the following conditions exists
(1) The action taken was in substantial
compliance with Sections 54953, 56954.7, and 54956.
(2) The action taken was In connection with
the sale or iosuanee of notes, bonds, or other evidences of
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e
indebtedneso or any contract, instrument, or agreement
thereto.
(3) The action taken gave rise to a
r,
?Y, contractual obligation, including a contract let by
40 competitive bid, upon which a party has, in good faith,
z
detrimentally relied.
(4) The action taken was in connection a.th
m:
• the collection of any tau.
i�
(d) During any action seeking a judicial
C, determination pursuant to subdivision (a) if the court
U..
� determines, pursuant to a showing by the legislative body -�
V that an action alleged to have been taken in violation of
i
Section 54953, 54954.2, .n 54956 has been cured or corracted
• by a subsequent action of the legislative body, the action
filed pursuant to subdivision (a) chall be dismissed with
prejudice.
• (e) The fact that a legislative body takes a
subsequent action to cure or correct an action taken
pursuane to this section shall not be construed or
• admissible as evidence of a violation of this chapter.
54g 960.5. Costs and Attorney Pees
• A court may award court costs and reasonable
attorney fees to the plaintiff in an action brought pursuant
to Section 54960 or 54960.1 where it is found that a
• legislative body of the local agency has violated this
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M
chapter. The costs and fees shall be paid by the !coal
agency and shall not become a personal liabil.ty of any
public officer or employee of the local agency.
A court may award court coats and reasonable
attorney fees to a defendant in any action brought pursuant
to Section 54960 or $4960.1 where the defendant Me
prevailed in a final determiution of such action and the
court finds that the action wre clearly frivolous and
totally lacking in merit.
•i 554961. Meeting Placeao ;Liroriminatory Admission Policies -�--
i No local agency shall conduct any meeting, confer-
ence, or other function in any facility that prohibits the
• admittance of any person, or persons, on the basis of rata,
religious creed, color, national origin, ancestry, or sex.
This section shall apply to every local agency as defined in
!► Section 54951, 54951.1, or 54951.7.
54962. Closed Session by-Lee�ialative Bodv Prohlbitod
Except a.% axpressl*/ authorized by this chapter, no
closed session may be held uy any legislative body of any
local agency.
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