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The Brown Act and item F1 on the Council's 16 April Agenda

From: domainremoved <PETER>
Date: Tue, 16 Apr 2013 09:29:14 -0700


 Item F1 on the 16 April agenda has been posted as follows:

F1. Consideration of a Mixed-Use Development Proposal at 500 El Camino Real, including
options for the project review process.

  The Brown Act requires that the agenda posting clearly identify the matter that the elected body is going to discuss and potentially act upon.

 Section 54954.2. (a) (1) At least 72 hours before a regular meeting, the
legislative body of the local agency, or its designee, shall post an
agenda containing a brief general description of each item of
business to be transacted or discussed at the meeting, including
items to be discussed in closed session. A brief general description
of an item generally need not exceed 20 words.

The Attorney General provides this further opinion:

"The Act makes it clear that discussion items must be placed on the agenda, as well as items which may be the subject of action by the body."

Given that there is no mention or reference to the Specific Plan in the posted F1 agenda topic this would seem to preclude the Council from discussing any changes or modifications to the Specific Plan during their deliberations on item F1.

Peter Carpenter

Received on Tue Apr 16 2013 - 09:29:57 PDT

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