1. By Krista Whitman Assistant County Counsel May 2, 2016
Legal Requirements
By Krista Whitman
Assistant County Counsel
May 2, 2016
WELCOME

2. Community Development Department
Preparing for Meetings
Meeting with developers and opponents
Viewing project site
Receiving information outside the hearing process
Disclose contacts at CPAC meeting
May 2, 2016
Community Development Department

3. Community Development Department
Open Meeting Requirements
All CPAC meetings are covered by the Brown Act
All business must be conducted in an open and public meeting
Watch for serial meetings, particularly chains
A majority of council members may meet as long as business is not discussed, such as at a luncheon or conference
Individual contacts between a member and others are exempted, but keep in mind the duty to make a decision based on the record
All votes must be cast in public and no preliminary or votes are permitted
May 2, 2016
Community Development Department

4. Community Development Department
Public’s Right to Access Documents
All materials must be made available to the public at the same time they are made available to the Council members
Memos from County Counsel are not public documents
s to and from CPAC members are public documents
CPAC documents may become part of the administrative record in the event of litigation
May 2, 2016
Community Development Department

5. Community Development Department
Public’s Right to Participate at Meetings
The public has a right to participate at meetings, and may comment on any agenda item
The public has broad constitutional rights to comment on any subject relating to the business of the council, and no attempt should be made to restrict the content of the speech
Reasonable time limits may be imposed
Members of the public may tape or record the meeting
If a member of the public is disruptive to the extent the meeting cannot be conducted in an orderly fashion, the council may exclude the disruptive persons, or clear the room
May 2, 2016
Community Development Department

6. Community Development Department
Posting and Following the Agenda
Agendas must be posted 72 hours in advance; Posted on the County’s website and on site
The council may not consider a matter not on the posted agenda
Public comment for items not on the agenda is allowed under Public Comment. No action is allowed
May 2, 2016
Community Development Department

7. Community Development Department
Importance of the CPAC’s role
Planning Commission and Board of Supervisors always take CPAC’s recommendation into account
Planning staff desires feedback for use in environmental document and in making recommendations regarding conditions and approval
Principles of due process require that members pay attention and consider all the comments and evidence – no napping or texting while meeting!
May 2, 2016
Community Development Department

8. Community Development Department
Abstention and Disqualification
Abstention used to avoid appearance of bias
Abstention should not be used to avoid making a difficult decision
Disqualification may be required by law, generally where the action affects the member’s financial interests
Consequences of failing to disqualify oneself may involve removal from office, criminal sanctions, fines, voiding of the CPAC’s action
May 2, 2016
Community Development Department

9. Community Development Department
Appeal Procedures
Any interested person, including a CPAC, may appeal a decision of the Subdivision Review Committee, Chief Building Inspector, Zoning Administrator, or Planning Commission
Appeals may be made on final decisions only, not recommendations
Appeals must be filed not later than 10 calendar days after the date on which the act or determination appealed from is made – how to count the 10 days
No filing fee if the appeal is filed by a CPAC, if approved by a majority of CPAC members meeting in open session, and the matter of the appeal has community-wide significance as stated in the appeal form
CPAC may pre-authorize appeal at the same meeting the item is heard but an appeal form must still be filed
May 2, 2016
Community Development Department

10. Community Development Department
THANK YOU
May 2, 2016
Community Development Department