HomeMy Public PortalAbout03 March 10, 1999 Executive76460
IVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE
AGENDA
TIME: 7:30 a.m.
DATE: Wednesday, March 10, 1999
LOCATION: University Extension
1200 University. Avenue, Suite 2
Riverside, California
Executive Committee Members
Jack van Haaster, City of Murrieta, Chairman
Dick Kelly, City of Palm Desert
Alex Clifford, City of Riverside
Ron Roberts, City of Temecula
Tom Mullen, County of Riverside
John Tavaglione, County of Riverside
Jim Venable, County of Riverside
Eric Haley, Executive Director
Comments are welcomed by the Committee. If you wish to provide comments to the
Commission, please complete and submit a Testimony Card to the Clerk of the Committee.
11.36.21
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE
UNIVERSITY EXTENSION
1200 UNIVERSITY AVENUE, SUITE 2*
RIVERSIDE, CALIFORNIA
WEDNESDAY, MARCH 10, 1999
7:30 A.M.
AGENDA**
* *Action may be taken on any items listed on the agenda.
1. CALL TO ORDER.
2. PUBLIC COMMENTS.
3. APPROVAL OF MINUTES - February 10, 1999
4. RCTC OFFICE SPACE
Staff is recommending that the Committee review and select an option for future RCTC office
space.
5 1999 RALPH M. BROWN ACT
Staff is recommending that the Committee receive and file the 1999 Ralph M. Brown Act.
6 CLOSED SESSION
Public Employee Performance Evaluation, Pursuant to Section 54957.
Title of Position: Executive Director
7. ADJOURNMENT
* Note: This location is directly across the street from the UCR Chancellor's Conference Room where the
Commission meetings are normally held.
4
AGENDA ITEM #3
RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON
Executive Committee Minutes
February 10, 1999
1. Call to Order.
The meeting of the Executive Committee was called to order by Chairman Jack van
Haaster at 8:02 a.m., at the Conference Room of the Coachella Valley Association of
Governments, 73-710 Fred Waring Drive, #200, Palm Desert, California.
Present Absent
Alex Clifford
Dick Kelly
Tom Mullen
Ron Roberts
Jack van Haaster
Jim Venable
Others In Attendance
Steve DeBaun
Eric Haley
Rick Hoffman
Naty Kopenhaver
Frank West
John Tavaglione
2 Public Comments.
There were no public comments.
3. Proposal Not To Schedule An RCTC Meeting in August.
M/S/C to recommend to the Commission that the RCTC's Committee meetings
on July 26, 1999 and the Commission meeting on August 1 1 , 1999 be
cancelled.
4. Authority for Executive Director to Budget $10,000 for Casual Employees for FY
1998/99.
Eric Haley, Executive Director, informed the Committee that the casual employees
would be temporary employees with no fringe benefits (the amount of hours to
correlate with what is allowable under PERS regulation not to provide the benefit).
They would fill job categories to assist RCTC staff with workload, transitional periods
caused by position vacancy or to assist in special train events.
Executive Committee
February 10, 1999
Page 2
M/S/C to recommend that the Commission authorize the Executive Director to
budget $10,000 to hire casual employees to assist with staff workload.
5. Classification And Salary Survey.
Commissioner Alex Clifford proposed that the list of agencies for comparison be
expanded to include the Southern California Association of Governments (SCAG) and
the Southern California Regional Rail Authority (SCRRA).
M/S/C to: 1) Include SCAG and SCRRA to the list of agencies for comparison;
and; 2) Receive and file the report on the classification and salary survey.
16. Proposal to Change the Budget and Implementation Committee Meeting Time from
3: 00 P.M. to 2: 30 P.M.
Eric Haley stated that the change in time would provide extra time for Commissioners
who are members of the CVAG Executive Board to travel back to Palm Desert for the
CVAG meeting.
M/S/C to recommend that the Commission approve .Ordinance No. 99-02,
Ordinance of the Riverside County Transportation Commission Amending the
Administrative Code to Reflect the Meeting Time Change of the Budget and
Implementation Committee.
7. Closed Session.
Steve DeBaun, Legal Counsel, announced that the Closed Session relates to the Public
Employee Performance Evaluation of the Executive Director.
The Committee then adjourned to Closed Session. After the Closed Session, no
announcements were made.
8. Adjournment.
With no other items before the Committee, the meeting was adjourned. The next
meeting will be held at 7:30 a.m., at a UCR Conference Room to be announced at a
later date, prior to the Commission meeting March 10, 1999.
Respectfully submitted,
tty4Pei&e-r(--A16-("64-j
Clerk of the Board
h
AGENDA ITEM #4
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
March 10, 1999
TO:
Executive Committee
FROM:
Naty Kopenhaver, Director of Administrative Services
THROUGH:
Eric Haley, Executive Director
SUBJECT:
RCTC Office Space
The lease for the building where the Riverside County Transportation Commission offices
are located at 3560 University Avenue in Riverside will expire on October 31, 1999. The
Commission occupies the entire building (11,680 sq. ft.). The Commission must provide
notification to the property owners, Riverside Commercial Investors (RCI), six months prior
to the expiration of the lease or by April 31, 1999, on its intention whether to renew its
lease arrangements or not.
In addition to requesting a proposal from RCI, staff also reviewed current available office
spaces within the Downtown area as well as future available space. These are presented
as follows:
OPTION 1 - 3560 University Avenue (current RCTC Office)
Staff has approached RCI, owner of the building that the Commission currently occupies,
to determine their proposal with regards to RCTC extending its lease arrangements. The
need for improvements was also discussed. Following is RCI's proposal.
+ RCI will fund the following tenant improvements
• New reception desk in entry lobby
• Three new offices
• One additional restroom
• New carpet in designated areas
• New copying room
+ Lease extension term will be from November 1, 1999 to October 30, 2009
(10 years)
+ Monthly rental rate will be $16,163.00 or $1 .45 per sq. ft. Rent will be flat
for two years. Annual adjustments in the sq. ft. rate will commence in the 3`d
year of the lease extension term and will reflect the increase in the Consumer
Price Index (CPI) for the Riverside/San Bernardino area.
The proposed rate per square foot by RCI is for a seven to ten-year lease extension. They
have indicated that the improvements requested would cost approximately $44,330 and
they are amenable to reducing the cost per square foot by five cents if the Commission
funds the improvements.
RCTC Office Space
March 10, 1999
Page 2
The Commission moved its offices to this location in 1989. At that time, there were only
thirteen RCTC employees and eight Bechtel employees, with Ca!trans occupying some office
space. Currently, RCTC has 22.5 employees and houses 10 Bechtel employees. The
offices, as they are currently arranged, do not allow for staff working on the same projects,
to be grouped together. The offices are also in need of new carpeting unless the lease is
renewed for seven to eight years. In addition, the property owners have not made any
attempt to retrofit the building for earthquake protection.
OPTION 2 - Riverside Metro Center, 3801 University Avenue, Riverside
+ This is the brick building located next to the bus terminal at 3801 University
Avenue.
+ Base rent is $1 .65 per square foot, full service. However, the Commission
must lease the entire floor, which is approximately 18,463 square foot.
+ Tenant Improvements
+ Landlord shall construct and pay for tenant improvements of up to
$10.00 per sq. ft. based on a mutually acceptable plan. Landlord shall
provide a space planner to determine the layout and to provide bid
plans.
+ Parking
+ Landlord will provide one parking spaces per 1,000 sq. ft. or (18
spaces). RCTC, including Bechtel staff support, will need 30 parking
spaces. Each space over 18 will cost the Commission $45 per space
per month.
This building is approximately nine years old, with seven floors and a parking garage
attached to the building. The parking garage is secured and this is a benefit to a number
of staff that work late hours. A more important benefit to moving into a new location is
that staff working on the same programs/projects could be grouped together.
OPTION 3 - Additional County Administrative Center Structure
At the November 1998 Property Development Committee meeting, Commissioner John
Tavaglione indicated that the County of Riverside has additional need for another building
and are looking at constructing another building. They have begun the process to determine
the feasibility and options for an additional County Administrative Center (CAC) building and
other uses for the building. Their plan is for one or two building adjoining the current CAC
for the Supervisors/Administrative offices, a public Board Room with the remaining available
space for other governmental -related agencies.
Commissioner Tavaglione, in January, has indicated that the study is under way and if the
construction of the building is approved, it would take approximately two years for it to be r
completed.
RCTC Office Space
March 10, 1999
Page 3
OPTION 4 - Construct an RCTC Office Building
The Commission has available space at the Downtown Riverside Metrolink Station for a
building. Such building could serve as a multi -governmental building to house RCTC staff,
other governmental entities such as WRCOG and Riverside SCAG, and Metrolink personnel.
Constructing such a building would, however, take away parking spaces now available to
commuters and, therefore, a parking structure would have to be constructed. If the
Commission determines to go with this option, it would probably need to bond as
constructing an office building and a parking structure would require a considerable amount
of funds.
The options above are presented to the Committee for discussion. If the Committee
recommends that the RCTC Offices be moved to a location that is not currently
constructed, RCTC must extend its lease with Riverside Commercial Investors (RCI). Based
on discussions with Rufus Barkley, an RCI partner, they cannot extend the lease for less
than two years. He indicated that his loan is up by the end of October and will need to
reapply and will not be able to secure a loan for less than two years. So, he is agreeable
to extending our lease for two years but not less than two years.
STAFF RECOMMENDATION
1. That the Committee determine and select the option for future RCTC office space.
2. If the option selected would require construction of the building, to authorize the
Executive Director to extend its lease with RCI for two years, ending in October 31,
2001.
3. To present the option selected to the Commission at its April 14th meeting.
nk
AGENDA ITEM #5
RIVERSIDE COUNTY TRANSPORTATION COMM/SS/ON
DATE:
March 10, 1999
TO:
Executive Committee
FROM:
Steve DeBaun, Legal Counsel
Naty Kopenhaver, Director of Administrative Services
THROUGH:
Eric Haley, Executive Director
SUBJECT:
1999 Ralph M. Brown Act
During the 1998 Legislative Session, a number of substantive changes were enacted
as it relates to the Brown Act. The substantive changes are as follows:
•
Subject to certain exceptions, the Act provides that the meeting of the
legislative body of a local agency must be open and public. In conducting these
public meetings, the members of the legislative body may participate by
teleconference under specific conditions.
Teleconference means a "meeting of a legislative body, the members of which
are in different locations connected by electronic means, through either audio
or video or both". Section 54953 now provides that at least a quorum of the
legislative body must participate from locations within the agency's jurisdiction,
and, thus, makes it clear that the others may participate from outside the
jurisdiction. SB 139 further specifies that local agencies are not prohibited from
providing additional teleconference locations to the public. (SB 139 (Chapter
260 of the 1998)).
Each legislative body must provide, by whatever rule is required for the conduct
of business, the time and place for holding regular meetings. In 1997, advisory
or standing committees were specifically exempted from this provision. Section
54954 now has been revised to provide that when agendas for meetings of
these committees are posted at least 72 hours in advance of the meetings, the
meetings are treated as "regular" meetings under the Brown Act.
Thus, if agendas are not posted 72 hours in advance, the meetings must be
regarded as "special" meetings which require delivery of notice at least 24
hours in advance to committee members and to those requested notice in.
writing. If agendas are posted at least 72 hours in advance, and therefore are
"regular" meetings, formal action must be taken to determine the time and place
of the meetings. (SB 139 (Chapter 260 of the Statutes of 1998)).
Closed meetings of the legislative body are permitted under the Act when
addressing very specific items, including meetings with its negotiator on real
property transactions and meetings. with designated representatives regarding
salary negotiations. (Sections 54956.8 and 54957.6, respectively.) Section
54956.8 has been revised to make it clear that before going into closed session
to discuss real property negotiations, the legislative body must identify in open
session its own negotiator and the negotiator for the other party. Section
54957.6 has been revised to similarly require identification of the agency's
designated representatives, in open session, before going into closed session to
discuss salary negotiations. (SB 139 (Chapter 260 of the Statutes of 1998)).
Further, the required agenda descriptions for closed sessions held pursuant to
Sections 54956.8 and 54957.6 must now disclose the names of the agency
negotiators and the agency designated representatives attending these closed
sessions. When a specified negotiator or designated representative is
necessarily absent from the meeting, Section 54954.5 allows a designee to
participate in these closed sessions instead. However, the name of the
designee must be announced in open session prior to the closed session. (SB
139 (Chapter 260 of the Statutes of 1998 ) and SB 1649 (Chapter 876 of the
Statutes of 1998)).
Enclosed is a copy of the 1999 Brown Act showing the new language shaded and the
repealed language lined out.
STAFF RECOMMENDATION:
Receive and file the 1999 Ralph M. Brown Act.
h 3'
THE
BROWN
ACT
1999
BestBest Rieger�
3750 UNIVERSITY AVENUE, SUITE 400 ♦ P.O. BOX 1028 ♦ RIVERSIDE, CA 92502-1028
TELEPHONE: (909) 686-1450 ♦ TELECOPIER: (909) 686-3083
RIVERSIDE + RANCHO MIRAGE
ONTARIO 4 SAN DIEGO
BRWNACT.CVR
LAW OFFICES OF
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THE 1999 BROWN ACT
As amended by Chapters 260 and 876
of the Statutes of 1998 (SB 139 and SB 1649)
(New language shaded; repealed language lined out)
Page
Policy statement 1
Coverage 1-5
Open meetings required; no secret ballots 5-6
Recording proceedings and retention of tapes 7
Meeting access, conduct and notice 7-10
Agenda requirements 10-17, 34
Late -breaking items 11
Public hearing on taxes or assessments 17-21
Adjournment, continuance, special & emergency meetings 21-24
Exceptions (closed sessions)
(a) License Applications 24-25
(b) Real Property Transactions 25-26
(c) Federally Protected Information 26
(d) Pending Litigation 26-28
(e) Joint Powers Insurance Authorities 29
(f) Public Safety/"Personnel" 29-30
(g) Reporting Out Decisions 30-34
(h) Collective Bargaining 34-36
(i) Drug Law Enforcement Agency 36-37
(j) Other Closed Sessions 37
Public meeting materials 34
Reporting before and after closed session 36
Criminal penalty 37-38
Civil penalty, costs & fees 38-42
Limits on meeting places 42
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THE RALPH M. BROWN ACT
(Government Code Sections 54950 - 54962)
§54950. Declaration. Intent: Sovereignty
In enacting this chapter, 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 taken openly and that their deliberations be conducted openly.
The people of this State do not yield their sovereignty 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 remaining informed so that they may
retain control over the instruments they have created.
§ 54950.5. Title of Act
This chapter shall be known as the Ralph M. Brown Act.
§54951. Local Agency. Definition
As used in this chapter, "local agency" means a county, city, whether
general law or chartered, city and county, town, school district, municipal
corporation, district, political subdivision, or any board, commission or agency
thereof, or other local public agency.
§54952. Legislative Body. Definition
As used in this chapter, "legislative body" means:
(a) The governing body of a local agency or any other local body
created by state or federal statute.
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(b) A commission, committee, board, or other body of a local agency,
whether permanent or temporary, decisionmaking or advisory, created by charter,
ordinance, resolution, or formal action of a legislative body. However, advisory
committees, composed solely of the members of the legislative body which are less
than a quorum of the legislative body are not legislative bodies, except that standing
committees of a legislative body, irrespective of their composition, which have a
continuing subject matter jurisdiction, or a meeting schedule fixed by charter,
ordinance, resolution, or formal action of a legislative body are legislative bodies for
purposes of this chapter.
(c) (1) A board, commission, committee, or other multimember
body that governs a private corporation or entity that either:
(A) Is created by the elected legislative body in order to
exercise authority that may lawfully be delegated by the elected governing body to
a private corporation or entity.
(B) Receives funds from a local agency and the
membership of whose governing body includes a member of the legislative body of
the local agency appointed to that governing body as a full voting member by the
legislative body of the local agency.
(2) Notwithstanding subparagraph (B) of paragraph (1), no
board, commission, committee, or other multimember body that governs a private
corporation or entity that receives funds from a local agency and, as of February 9,
1996, has a member of the legislative body of the local agency as a full voting
member of the governing body of that private corporation or entity shall be relieved
from the public meeting requirements of this chapter by virtue of a change in status
of the full voting member to a nonvoting member.
(d) The lessee of any hospital the whole or part of which is first
leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code
after January 1, 1994, where the lessee exercises any material authority of a
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legislative body of a local agency delegated to it by that legislative body whether the
lessee is organized and operated by the local agency or by a delegated authority.
§54952.1. Newly Elected Members
Any person elected to serve as a member of a legislative body who has
not yet assumed the duties of office shall conform his or her conduct to the
requirements of this chapter and shall be treated for purposes of enforcement of this
chapter as if he or she has already assumed office.
§ 54952.2. Meeting. Definition
(a) As used in this chapter, "meeting" includes any congregation of
a majority of the members of a legislative body in the same time and place to hear,
discuss, or deliberate upon any item that is within the subject matter jurisdiction of
the legislative body or the local agency to which it pertains.
(b) Except as authorized pursuant to Section 54953, any use of direct
communication, personal intermediaries, or technological devices that is employed by
a majority of the members of the legislative body to develop a collective concurrence
as to action to be taken on an item by the members of the legislative body is
prohibited.
(c) Nothing in this section shall impose the requirements of this
chapter upon any of the following:
(1) Individual contacts or conversations between a member of
a legislative body and any other person.
(2) The attendance of a majority of the members of a legislative
body at a conference or similar gathering open to the public that involves a discussion
of issues of general interest to the public or to public agencies of the type represented
by the legislative body, provided that a majority of the members do not discuss
among themselves, other than as part of the scheduled program, business of a
specified nature that is within the subject matter jurisdiction of the local agency.
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Nothing in this paragraph is intended to allow members of the public free admission
to a conference or similar gathering at which the organizers have required other
participants or registrants to pay fees or charges as a condition of attendance.
(3) The attendance of a majority of the members of a legislative
body at an open and publicized meeting organized to address a topic of local
community concern by a person or organization other than the local agency, provided
that a majority of the members do not -discuss among themselves, other than as part
of the scheduled program, business of a specific nature that is within the subject
matter jurisdiction of the legislative body of the local agency.
(4) The attendance of a majority of the members of a legislative
body at an open and noticed meeting of another body of the local agency, or at an
open and noticed meeting of a legislative body of another agency, provided that a
majority of the members do not discuss among themselves, other than as part of the
scheduled meeting, business of a specific nature that is within the subject matter
jurisdiction of the legislative body of the local agency.
(5) The attendance of a majority of the members of a legislative
body at a purely social or ceremonial occasion, provided that a majority of the
members do not discuss among themselves business of a specific nature that is
within the subject matter jurisdiction of the legislative body of the local agency.
(6) The attendance of a majority of the members of a legislative
body at an open and noticed meeting of a standing committees of that body, provided
that the members of the legislative body who are not members of the standing
committee attend only as observers.
§54952.6. 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
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when sitting as a body or entity, upon a motion, proposal, resolution, order or
ordinance.
§54952.7. Copies of Chapter to Members of Legislative Body of Local
Agencies
A legislative body of a local agency may require that a copy of this
chapter be given toeach member of the legislative body and any person elected to
serve as a member of the legislative body who has not assumed the duties of office.
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.
§54953. Meetings to be Open and Public: Secret Ballots
(a) All meetings of the legislative body of a local agency shall be open
and public, and all persons shall be permitted to attend any meeting of the legislative
body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative
body of a local agency may use teleconferencing for the benefit of the public and the
legislative body of a local agency in connection with any meeting or proceeding
authorized by law. The teleconferenced meeting or proceeding shall comply with all
requirements of this chapter and all otherwise applicable provisions of law relating to
a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be
used for all purposes in connection with any meeting within the subject matter
jurisdiction of the legislative body. All votes taken during a teleconferenced meeting
shall be by rollcall.
(3) If the legislative body of a local agency elects to use
teleconferencing, it shall post agendas at all teleconference locations and conduct
teleconference meetings in a manner that protects the statutory or constitutional
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rights of the parties and the public appearing before the legislative body of a local
agency. Each teleconference location shall be identified in the notice and agenda of
the meeting or proceeding, and each teleconference location shall be accessible to the
public. During the -teleconference, at least a quorum :of the members of the legislative
body shall~participate from locations within the boundaries of the territory over which
the`local agency exercises jurisdiction. The agenda shall provide an opportunity for
members of the public to address the legislative body directly pursuant to Section
54954.3 at each teleconference location.
(4) For the purposes of this section, "teleconference" means a
meeting of indivua legislative body, :.the mernbers:of which are in different
locations, connected by electronic means, through either audio or video, or both.
Nothing in ;this section shall prohibit .a'local agency <from providing the ;public with
additional teleconference locations.
(c) No legislative body shall take action by secret ballot, whether
preliminary or final.
§54953.1. Testimony of Members Before Grand Jury
The provisions of this chapter shall not be construed 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.
§54953.3. Registration. 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 of a local agency, to register his or her
name, to provide other information, to complete a questionnaire, or otherwise 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
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circulated to the persons present during the meeting, it shall state clearly that the
signing, registering, or completion of the document is voluntary, and that all persons
may attend the meeting regardless of whether a person signs, registers, or completes
the document.
§54953.5. Right to Record Proceedings: Retention of Tapes
(a) Any person attending an open and public meeting of a legislative
body of a local agency shall have the right to record the proceedings with an audio
or video tape recorder or a still or motion picture camera in the absence of a
reasonable finding by the legislative body of the local agency that the recording
cannot continue without noise, illumination, or obstruction of view that constitutes,
or would constitute, a persistent disruption of the proceedings.
(b) Any tape or film record of an open and public meeting made for
whatever purpose by or at the direction of the local agency shall be subject to
inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1), but, notwithstanding Section 34090, may
be erased or destroyed 30 days after the taping or recording. Any inspection of a
video or tape recording shall be provided without charge on a video or tape player
made available by the local agency.
§54953.6. Right to Broadcast Proceedings
No legislative body of a local agency shall prohibit or otherwise restrict
the broadcast of its open and public meetings in the absence of a reasonable finding
that the broadcast cannot be accomplished without noise, illumination, or obstruction
of view that would constitute a persistent disruption of the proceedings.
§54953.7. Access to Meetings Beyond Minimal Standards
Notwithstanding any other provision of law, legislative bodies of local
agencies may impose requirements upon themselves which allow greater access to
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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 agency of which all
or a majority of the members are appointed by or under the authority of the elected
legislative body.
§54954. Rules for Conduct of Business: Time and Place For Holding
Regular Meetings
(a) Each legislative body of a local agency, except for advisory
committees and —or: standing committees, shall provide, by ordinance, resolution,
bylaws, or by whatever other rule is required for the conduct of business by that
body, the time and place for holding regular meetings. Meetings of advisory
committees or standing committees, for which .an agenda is :posted at feast 72 hours
in advance :of the <rneeting pursuant to subdivision (a) of Section ;54954 2, shall be
considered for purposes of this chapter as regular meetingsof the; legislative body:
(b) Regular and special meetings of the legislative body shall be held
within the boundaries of the territory over which the local agency exercises
jurisdiction, except to do any of the following:
(1) Comply with state or federal law or court order, or attend
a judicial or administrative proceeding to which the local agency is a party.
(2) Inspect real or personal property which cannot be
conveniently brought within the boundaries of the territory over which the local
agency exercises jurisdiction provided that the topic of the meeting is limited to items
directly related to the real or personal property.
(3) Participate in meetings or discussions of multiagency
significance that are outside the boundaries of a local agency's jurisdiction. However,
any meeting or discussion held pursuant to this subdivision shall take place within the
jurisdiction of one of the participating local agencies and be noticed by all
participating agencies as provided for in this chapter.
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(4) Meet in the closest meeting facility if the local agency has
no meeting facility within the boundaries of the territory over which the local agency
;exercises jurisdiction, or at the principal office of the local agency if that office is
located outside the territory over which the agency exercises jurisdiction.
(5) Meet outside their immediate jurisdiction with elected or
appointed officials of the United States or the State of California when a local meeting
would be impractical, solely to discuss a legislative or regulatory issue affecting the
local agency and over which the federal or state officials have jurisdiction.
(6) Meet outside their immediate jurisdiction if the meeting
!takes place in or nearby a facility owned by the agency, provided that the topic of the
meeting is limited to items directly related to the facility.
(7) Visit the office of the local agency's legal counsel for a
closed session on pending litigation held pursuant to Section 54956.9, when to do
so would reduce legal fees or costs.
(c) Meetings of the governing board of a school district shall be held
within the district except under the circumstances enumerated in subdivision (b), or
to do any of the following:
(1) Attend a conference on nonadversarial collective bargaining
techniques.
(2) Interview members of the public residing in another district
with reference to the trustees' potential employment of the superintendent of that
district.
(3) Interview a potential employee from another district.
(d) Meetings of a joint powers authority shall occur within the territory
of at least one of its member agencies, or as provided in subdivision (b). However,
a joint powers authority which has members throughout the state may meet at any
facility in the state which complies with the requirements of Section 54961.
(e) If, by reason of fire, flood, earthquake, or otheremergency, it shall
be unsafe to meet in the place designated, the meetings shall be held for the duration
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of the emergency at the place designated by the presiding officer of the legislative
body or his or her designee in a notice to the local media that have requested notice
pursuant to Section 54956, by the most rapid means of communication available_ at
the time.
§ 54954.1. Mailed Notice of Meetings, on Request Therefor:. Charge
Any person may request that a copy of the agenda or a copy of all the
documents constituting the agenda packet, of any meeting of a legislative body be
mailed to that person. Upon receipt of the written request the legislative body or its
designee shall cause the requested, materials to be mailed at the time the agenda is
posted pursuant to Section 54954.2 and 54956 or upon distribution to all, or a
majority of all, of the members of a legislative body, whichever occurs first. Any
request for mailed copies of agendas or agenda packets shall be valid for the calendar
year in which it is filed, and must be renewed following January 1 of each year. The
legislative body may establish a fee for mailing the agenda or agenda packet, which
fee shall not exceed the cost of providing the service. Failure of the requesting
person to receive the agenda or agenda packet pursuant to this section shall not
constitute, grounds for invalidation of the actions of the legislative body taken at the
meeting for which the agenda or agenda packet was not received.
§54954.2. Agenda: Posting: Action or Discussion on Other Matters
(a) 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 agenda shall specify the time and
location of the regular meeting and shall be posted in a location that is freely
accessible to members of the public.
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No action or discussion shall be undertaken on any item not appearing
on the posted agenda, except that members of a legislative body or its staff may
briefly respond to statements made or questions posed by persons exercising their
public testimony rights under Section 54954.3. In addition, on their own initiative,
or in response to questions posed by the public, a member of a legislative body or its
staff may ask a question for clarification, make a brief announcement, or make a brief
report on his or her own activities. Furthermore, a member of a legislative body, or
the body itself, subject to rules or procedures of the legislative body, may provide a
reference to staff or other resources for factual information, request staff to report
back to the body at a subsequent meeting concerning any matter, or take action to
direct staff to place a matter of business on a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take
action on items of business not appearing on the posted agenda under any of the
conditions stated below. Prior to discussing any item pursuant to this subdivision,
the legislative body shall publicly identify the item.
(1) Upon a determination by a majority vote of the legislative
body that an emergency situation exists, as defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the members
of the legislative body present at the meeting, or, if less than two-thirds of the
members are present, a unanimous vote of those members present, that there is a
need to take immediate action and that the need for action came to the attention of
the local agency 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 five calendar days prior to the
date action is taken on the item, and at the prior meeting the item was continued to
the meeting at which action is being taken.
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§54954.3. Opportunity for Public to Address Legislative Body: Regulations
(a) Every agenda for regular meetings shall provide an opportunity for
members of the public to directly address the legislative body on any item of interest
to the public, before or during the legislative body's consideration of the item, that
is within 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
authorized by subdivision (b) of Section 54954.2. However, the agenda need not
provide an opportunity for members of the public to address the legislative body on
any item that has already been considered by a committee, composed exclusively of
members of the legislative body, at a public meeting wherein all interested members
of the public were afforded the opportunity to address the committee on the item,
before or during the committee's consideration of the item, unless the item has been
substantially changed since the committee heard the item, as determined by the
legislative body. Every notice for a special meeting shall provide an opportunity for
members of the public to directly address the legislative body concerning any item
that has been described in the notice for the meeting before or during consideration
of that item.
(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.
(c) The legislative body of a local agency shall not prohibit public
criticism of the policies, procedures, programs, or services of the agency, or of the
acts or omissions of the legislative body. Nothing in this subdivision shall confer any
privilege or protection for expression beyond that otherwise provided by law.
§54954.4. Reimbursement for Costs
(a) The Legislature hereby finds and declares that Section 12 of
Chapter 641 of the Statutes of 1986, authorizing reimbursement to local agencies and
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school districts for costs mandated by the state pursuant to that act, shall be
interpreted strictly. The intent of the Legislature is to provide reimbursement for only
those costs which are clearly and unequivocally incurred as the direct and necessary
result of compliance with Chapter 641 of the Statutes of 1986.
(b) In this regard, the Legislature directs all state employees and
officials involved in reviewing or authorizing claims for reimbursement, or otherwise
participating in the reimbursement process, to rigorously review each claim and
authorize only those claims, or parts thereof, which represent costs which are clearly
and unequivocally incurred as the direct and necessary result of compliance with
; Chapter 641 of the Statutes of 1986 and for which complete documentation exists.
For purposes of Section 54954.2, costs eligible for reimbursement shall only include
the actual cost to post a single agenda for any one meeting.
(c) The Legislature hereby finds and declares that complete; faithful, and uninterrupted compliance with the Ralph M. Brown Act (Chapter 9 (commencing
with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) is a
matter of overriding public importance. Unless specifically stated, no future Budget
Act, or related budget enactments, shall, in any manner, be interpreted to suspend,
eliminate, or otherwise modify the legal obligation and duty of local agencies to fully
comply with Chapter 641 of the Statutes of 1986 in a complete, faithful, and
uninterrupted manner.
§54954.5. Closed Session Agenda Descriptions
For purposes of describing closed session items pursuant to Section
54954.2, the agenda may describe closed sessions as provided below. No legislative
body or elected official shall be in violation of Section 54954.2 or 54956 if the closed
session items were described in substantial compliance with this section. Substantial
compliance is satisfied by including the information provided below, irrespective of
its format.
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(a) With respect to a closed session held pursuant to Section
54956.7:
LICENSE/PERMIT DETERMINATION
Applicant(s): (Specify number of applicants)
(b) With respect to every item of business to be discussed in closed
session pursuant to Section 54956.8:
CONFERENCE WITH REAL PROPERTY NCGOTIATOfi NEGOTIATORS
Property: (Specify street address, or if no street address, the parcel
number or other unique reference, of the real property under negotiation)
Agency negotiator: <(Specify narnes of negotiators attending ;the closed
session) (If circumstances necessitate the absence of a specified negotiator, an agent
or designee may participate in place of the absent negotiator so long as the name of
the :agent :or designee. is announced et an open session Held prior to the closed
session.);
Negotiating parties: (Specify name of party (not agent))
Under negotiation: (Specify whether instruction to negotiator will
concern price, terms of payment,; or both)
(c) With respect to every item of business to be discussed in closed
session pursuant to Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Name of case: (Specify by reference to claimant's name, names of
parties, case or claim numbers)
or
Case name unspecified: (Specify whether disclosure would jeopardize
service of process or existing settlement negotiations)
CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section
54956.9: (Specify number of potential cases)
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(In addition to the information noticed above, the agency may be
required to provide additional information on the agenda or in an oral statement prior
to the closed session pursuant to subparagraphs (B) to (E), inclusive, of paragraph (3)
of subdivision (b) of Section 54956.9.)
Initiation of litigation pursuant to subdivision (c) of Section 54956.9:
(Specify number of potential cases)
(d) With respect to every item of business to be discussed in closed
session pursuant to Section 54956.95:
LIABILITY CLAIMS
Claimant: (Specify name unless unspecified pursuant to Section 54961)
Agency claimed against: (Specify name)
(e) With respect to every item of business to be discussed in closed
session pursuant to Section 54957:
THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: (Specify name of law enforcement agency and title
of officer)
PUBLIC EMPLOYEE APPOINTMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: (Specify position title of employee being reviewed)
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
(No additional information is required in connection with a closed session
to consider discipline, dismissal, or release of a public employee. Discipline includes
potential reduction of compensation.)
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(f) With respect to every item of business to be discussed in closed
session pursuant to Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR NEGOTIATORS
Agency hegotiatordesignated:representatives. (Specify Homo names of
designated representatives attending the closed? session) (If circumstances necessitate
the absence; of a specified designated representative, an agent or designee may
participate in, place of the absent: representative so long as the name of the agent or
designee is; announced at an open session held prior to the closed session.)
Employee organization: (Specify name of organization representing
employee or employees in question)
or
Unrepresented employee: (Specify position title of unrepresented
employee who is the subject of the negotiations)
(g) With respect to closed sessions called pursuant to Section
54957.8:
CASE REVIEW/PLANNING
(No additional information is required in connection with a closed session
to consider case review or planning.)
(h) With respect to every item of business to be discussed in closed
session pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code
or Sections 37606 and 37624.3 of the Government Code:
REPORT INVOLVING TRADE SECRET
Discussion will concern: (Specify whether discussion will concern
proposed new service, program, or facility)
Estimated date of public disclosure: (Specify month and year)
HEARINGS
Subject matter: (Specify whether testimony/deliberation will concern
staff privileges, report of medical audit committee, or report of quality assurance
committee)
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(i) With respect to every item of business to be discussed in closed
session pursuant to Section 54956.86:
CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY
FEDERAL LAW
(No additional information is required in connection with a closed session
to discuss a charge or complaint pursuant to Section 54956.86.)
§54954.6. Public Hearing Required Prior to Adoption of New or Increased
General Tax or Assessment
(a) (1) Before adopting any new or increased general tax or any
new or increased assessment, the legislative body of a local agency shall conduct at
least one public meeting at which local officials shall allow public testimony regarding
' the proposed new or increased general tax or new or increased assessment in
addition to the noticed public hearing at which the legislative body proposes to enact
or increase the general tax or assessment.
For purposes of this section, the term "new or increased assessment"
does not include any of the following:
(A) A fee that does not exceed the reasonable cost of
providing the services, facilities, or regulatory activity for which the fee is charged.
(B) A service charge , or rate, or charge, unless a special
district's principal act requires the service charge, rate, or charge to conform to the
requirements of this section.
(C) An ongoing annual assessment if it is imposed at the
same or lower amount as any previous year.
(D) An assessment that does not exceed an assessment
formula or range of assessments previously specified in the notice given to the public
pursuant to subparagraph (G) of paragraph (2) of subdivision (c) and that was
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previously adopted by the agency or approved by the voters in the area where the
assessment is imposed.
(E) Standby or immediate availability charges.
(2) The legislative body shall provide at least 45 days' public
notice of the public hearing at which the legislative body proposes to enact or
increase the general tax or assessment. The legislative body shall provide notice for
the public meeting at the same time and in the same document as the notice for
public hearing, but the meeting shall occur prior to the hearing.
(b) (1) The joint notice of both the public meeting and the public
hearing required by subdivision (a) with respect to a proposal for a new or increased
general tax shall be accomplished by placing a display advertisement of at least one -
eighth page in a newspaper of general circulation for three weeks pursuant to Section
6063 and by a first-class mailing to those interested parties who have filed a written
request with the local agency for mailed notice of public meetings or hearings on new
or increased general taxes. The public meeting pursuant to subdivision (a) shall take
place no earlier than 10 days after the first publication of the joint notice pursuant to
this subdivision. The public hearing shall take place no earlier than seven days after
the public meeting pursuant to this subdivision. Notwithstanding paragraph (2) of
subdivision (a), the joint notice need not include notice of the public meeting after the
meeting has taken place. The public hearing pursuant to subdivision (a) shall take
place no earlier than 45 days after the first publication of the joint notice pursuant to
this subdivision. The public hearing shall take place no earlier than seven days after
the public meeting pursuant to this subdivision. Any written request for mailed
notices shall be effective for one year from the date on which it is filed unless a
renewal request is filed. Renewal requests for mailed notices shall be filed on or
before April 1 of each year. The legislative body may establish a reasonable annual
charge for sending notices based on the estimated cost of providing the service.
(2) The notice required by paragraph (1) of this subdivision shall
include, but not be limited to, the following:
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(A) The amount or rate of the tax. If the tax is proposed
to be increased from any previous year, the joint notice shall separately state both the
existing tax rate and the proposed tax rate increase.
(B) The activity to be taxed.
(C) The estimated amount of revenue to be raised by the
tax annually.
(D) The method and frequency for collecting the tax.
(E) The dates, times, and locations of the public meeting
and hearing described in subdivision (a).
(F) The phone number and address of an individual,
office, or organization that interested persons may contact to receive additional
information about the tax.
(c) (1) The joint notice of both the public meeting and the public
hearing required by subdivision (a) with respect to a proposal for a new or increased
assessment on real property shall be accomplished through a mailing, postage
prepaid, in the United States mail and shall be deemed given when so deposited. The
public meeting pursuant to subdivision (a) shall take place no earlier than 10 days
after the joint mailing pursuant to this subdivision. The public hearing shall take place
no earlier than seven days after the public meeting pursuant to this subdivision. The
envelope or the cover of the mailing shall include the name of the local agency and
the return address of the sender. This mailed notice shall be in at least 10-point type
and shall be given to all 'property owners proposed to be subject to the new or
increased assessment by a mailing by name to those persons whose names and
addresses appear on the last equalized county assessment roll or the State Board of
Equalization assessment roll, as the case may be.
(2) The joint notice required by paragraph (1) of this subdivision
shall include, but not be limited to, the following:
(A) The estimated amount of the assessment per parcel.
If the assessment is proposed to be increased from any previous year, the joint notice
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shall separately state both the amount of the existing assessment and the proposed
assessment increase.
(B) A general description of the purpose or improvements
that the assessment will fund.
(C) The address to which property owners may mail a
protest against the assessment.
(D) The phone number and address of an individual,
office, or organization that interested persons may contact to receive additional
information about the assessment.
(E) A statement that a majority protest will cause the
assessment to be abandoned if the assessment act used to levy the assessment so
provides. Notice must also state the percentage of protests required to trigger an
election, if applicable.
(F) The dates, times, and locations of the public meeting
and hearing described in subdivision (a).
(G) A proposed assessment formula or range as described
in subparagraph (D) of paragraph (1) of subdivision (a) if applicable and that is noticed
pursuant to this section.
(3) Notwithstanding paragraph (1), in the case of an
assessment that is proposed exclusively for operation and maintenance expenses
imposed throughout the entire local agency or exclusively for operation and
maintenance assessments proposed to be levied on 50,000 parcels or more, notice
may be provided pursuant to this subdivision or pursuant to paragraph (1) of
subdivision (b) and shall include the estimated amount of the assessment of various
types, amounts, or uses of property and the information required by subparagraphs
(B) to (G), inclusive, of paragraph (2) of subdivision (c).
(4) Notwithstanding paragraph (1), in the case of an
assessment proposed to be levied pursuant to Part 2 (commencing with Section
22500) of Division 2 of the Streets and Highways Code by a regional park district,
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regional park and open -space district, or regional open -space district formed pursuant
to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of, or
pursuant to Division 26 (commencing with Section 35100) of, the Public Resources
Code, notice may be provided pursuant to paragraph (1) of subdivision (b).
(d) The notice requirements imposed by this section shall be
construed as additional to, and not to supersede, existing provisions of law, and shall
be applied concurrently with the existing provisions so as to not delay or prolong the
governmental decisionmaking process.
(e) This section shall not apply to any new or increased general tax
or any new or increased assessment that requires an election of either of the
following:
(1) The property owners subject to the assessment.
(2) The voters within the local agency imposing the tax or
assessment.
(f) Nothing in this section shall prohibit a local agency from holding
a consolidated meeting or hearing at which the legislative body discusses multiple tax
or assessment proposals.
(g) The local agency may recover the reasonable costs of public
meetings, public hearings, and notice required by this section from the proceeds of
the tax or assessment. The costs recovered for these purposes, whether recovered
pursuant to this subdivision or any other provision of law, shall not exceed the
reasonable costs of the public meetings, public hearings, and notice.
(h) Any new or increased assessment that is subject to the notice and
hearing provisions of Article XIII C or XIII D of the California Constitution is not
subject to the notice and hearing requirements of this section.
§54955. Adjournment of Meetings
The legislative body of a local agency may adjourn any regular,
adjourned regular, special or adjourned special meeting to a time and place specified
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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 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 door 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 state the hour at which the adjourned meeting is to be held, it shall
be held at the hour specified for regular meetings by ordinance, resolution, bylaw or
other rule.
§54955.1. Continuance of Hearing to Subseauent Meeting
Any hearing being held, or noticed or ordered to be held, by a legislative
body of a local agency at any meeting may by order or notice of continuance be
continued or recontinued to any subsequent meeting of the legislative body in the
same manner and to the same extent set forth in Section 54955 for the adjournment
of meetings; provided, that if the hearing is continued to a time less 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.
§54956. Special Meetings: Call; Notice
A special meeting may be called at any time by the presiding officer of
the legislative body of a local agency, or by a majority of the members of the
legislative body, by delivering written notice to each member of the legislative body
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and to each local newspaper of general circulation and radio or television station
requesting notice in writing. The notice shall be delivered personally or by any other
means and shall be received at least 24 hours before the time of the meeting as
specified in the notice. The call and notice shall specify the time and place of the
special meeting and the business to be transacted or discussed. No other business
shall be considered at these meetings by the legislative body. The written notice may
be dispensed with as to any member who at or prior to the time the meeting con-
venes files with the clerk or secretary of the legislative body a written waiver of
notice. The waiver may be given by telegram. The written notice may also be
dispensed with as to any member who is actually present at the meeting at the time
it convenes.
The call and notice shall be posted at least 24 hours prior to the special
meeting in a location that is freely accessible to members of the public.
§54956.5. Emergency Meetings in Emergency Situations
In the case of an emergency situation involving matters upon which
prompt action is necessary due to the disruption or threatened disruption of public
facilities, a legislative body may hold an emergency meeting without complying with
either the 24-hour notice requirement or the 24-hour posting requirement of Section
54956 or both of the notice and posting requirements.
For purposes of this section, "emergency situation" means any of the
following:
(a) Work stoppage or other activity which severely 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 of the members of the legislative body.
However, each local newspaper of general circulation and radio or
television station which has requested notice of special meetings pursuant to Section
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54956 shall be notified by the presiding officer of the legislative body, or designee
thereof, one hour prior to the emergency meeting by telephone and all telephone
numbers provided in the most recent request of such newspaper or station for
notification_ of special meetings shall be exhausted. In the event that telephone
services are not functioning, the 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 stations of the fact of the holding of the
emergency meeting, the purpose of the meeting; and any action taken at the meeting
as soon after the meeting as possible.
Notwithstanding Section 54957, the legislative body shall not meet in
closed session during a meeting called pursuant to this section.
All special meeting requirements, as prescribed in Section 54956 shall
be applicable to a meeting called pursuant to this section, with the exception 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 roll call vote, and any actions taken at
the meeting shall be posted for a minimum of 10 days in a public place as soon after
the meeting as possible.
§54956.6. fees
No fees may be charged by the legislative body of a local agency for
carrying out any provision of this chapter, except as specifically authorized by this
chapter.
§54956.7. Closed Sessions. License Aoolications: 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 has a criminal record, is sufficiently rehabilitated to obtain the license,
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the legislative body may hold a closed session with the applicant and the applicant's
attorney, if any, for the purpose 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. If 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 confidential. If the
applicant does not withdraw the application, the legislative body shall take action at
the public meeting during which the closed session is held or at its next public
, meeting denying the application for the license but all matters relating to the closed
session are confidential 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.
§54956.8. 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 session with its negotiator prior to the purchase,
sale, exchange, or lease of real property by or for the local agency to grant authority
to its negotiator regarding the price and terms of payment for the purchase, sale,
exchange, or lease.
However, prior to the closed session, the legislative body of the local
agency shall hold an open and public session in which it identifies its;: negotiators,:: the
real property or real properties which the negotiations may concern, and the person
or persons with whom its rregotiator-negotiators', may negotiate.
For tl Nu,pose purposes; of this section, Ui= licgotlatvr negotiators;: may
be a-member-rnembers'of the legislative body of the local agency.
For purposes of this section, "lease" includes renewal or renegotiation
of a lease.
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Nothing in this section shall preclude a local agency from holding a
closed session for discussions regarding eminent domain proceedings pursuant to
Section 54956.9.
§ 54956.86. Closed Sessions. Legislative Body of Private Corporations:
Federally Protected Information
Notwithstanding any other provision .of this chapter, a legislative body
of a local agency which provides services pursuant to Section 14087.3 of the Welfare
and Institutions Code may hold a closed session to hear a charge or complaint from
a member enrolled in its health plan if the member does not with to have his or her
name, medical status, or other information that is protected by federal law publicly
disclosed. Prior to holding a closed session pursuant to this section, the legislative
body shall inform the member, in writing, of his or her right to have the charge or
complaint heard in an open session rather than a closed session.
§54956.9. Pending Litigation: Closed Session: Abrogation of Privilege
Nothing in this chapter shall be construed to prevent a legislative body .
of a local agency, based on advice of its legal counsel, from holding a closed session
to confer with, or receive advice from, its legal counsel regarding pending litigation
when discussion in open session concerning those matters would prejudice the
position of the local agency in the litigation.
For purposes of this chapter, all expressions of the lawyer -client privilege
other than those provided in this section are hereby abrogated. This section is the
exclusive expression of the lawyer -client privilege for purposes of conducting closed -
session meetings pursuant to this chapter.
For purposes of this section, "litigation" includes any adjudicatory
proceeding, including eminent domain, before a court, administrative body exercising
its adjudicatory authority, hearing officer, or arbitrator.
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For purposes of this section, litigation shall be considered pending when
any of the following circumstances exist:
(a) Litigation, to which the local agency is a party, has been initiated
formally.
(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 circumstances, there is a significant exposure to litigation against
the local agency.
(2) Based on existing facts and circumstances, 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.
(3) For purposes of paragraphs (1) and (2), "existing facts and
circumstances" shall consist only of one of the following:
(A) Facts and circumstances that might result in litigation
against the local agency but which the local agency believes are not yet known to a
potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed.
(B) Facts and circumstances, including, but not limited
to, an accident, disaster, incident, or transactional occurrence that might result in
litigation against the agency and that are known to a potential plaintiff or plaintiffs,
which facts or circumstances shall be publicly stated on the agenda or announced.
(C) The receipt of a claim pursuant to the Tort Claims Act
or some other written communication from a potential plaintiff threatening litigation,
which claim or communication shall be available for public inspection pursuant to
Section 54957.5.
(D) A statement made by a person in an open and public
meeting threatening litigation on a specific matter within the responsibility of the
legislative body.
(E) A statement threatening litigation made by a person
outside an open and public meeting on a specific matter within the responsibility of
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the legislative body so long as the official or employee of the local agency receiving
knowledge of the threat makes a contemporaneous or other record of the statement
prior to the meeting, which record shall be available for public inspection pursuant to
Section 54957.5. The records so created need not identify the alleged victim of
unlawful or tortious sexual conduct or anyone making the threat on their behalf, or
identify a public employee who is the alleged perpetrator of any 'unlawful or tortious
conduct upon which a threat of litigation is based, unless the identity of the person
has been publicly disclosed.
(F) Nothing in this section shall require disclosure of
written communications that are privileged and not subject to disclosure pursuant to
the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1).
(c) Based 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 state on the agenda or publicly announce the
subdivision of this section that authorizes the closed session. If the session is closed
pursuant to subdivision (a), the body 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. •
A local agency shall be considered to be a "party" or to have a
"significant exposure to litigation" if an officer or employee of the local agency is a
party or has significant exposure to litigation concerning prior or prospective activities
or alleged activities during the course and scope of that office or employment,
including litigation in which it is an issue whether an activity is outside the course and
scope of the office or employment.
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§ 54956.95. Closed Sessions: Joint Powers Insurance Authorities
(a) Nothing in this chapter shall be construed to prevent a joint
powers agency formed pursuant to Article 1 (commencing with Section 6500) of
i Chapter 5 of Division 7 of Title 1, for purposes of insurance pooling, or a local agency
member of the joint powers agency, from holding a closed session to discuss a claim
for the payment of tort liability losses, public liability losses, or workers' com-
pensation liability incurred by the joint powers agency or a local agency member of
the joint powers agency.
(b) Nothing in this chapter shall be construed to prevent the Local
, Agency Self -Insurance Authority formed pursuant to Chapter 5.5 (commencing with
Section 6599.01) of Division 7 of Title 1, or a local agency member of the authority,
from holding a closed session to discuss a claim for the payment of tort liability
losses, public liability losses, or workers' compensation liability incurred by the
authority or a local agency member of the authority.
(c) Nothing in this section shall be construed to affect Section
54956.9 with respect to any other local agency.
§54957. Closed Sessions: Discussion of an Employee/Independent
Contractor; Exclusion of Witnesses
Nothing contained in this chapter shall be construed to prevent the
legislative body of a local agency from holding closed sessions with the Attorney
General, district attorney, sheriff, or chief of police, or their respective deputies, on
matters posing a threat to the security of public buildings or a threat to the public's
right of access to public services or public facilities, or from holding closed sessions
during a regular or special meeting to consider the appointment, employment,
evaluation of performance, discipline, or dismissal of a public employee or to hear
complaints or charges brought against the employee by another person or employee
unless the employee requests a public session.
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As a condition to holding a closed session on specific complaints or
charges brought against an employee by another person or employee, the employee
shall be given written notice of his or her right to have the complaints or charges
heard in an open session rather than a closed session, which notice shall be delivered
to the employee personally or by mail at least 24 hours before the time for holding
the session. If notice is not given, any disciplinary or other action taken by the
legislative body against the employee based on the specific complaints or charges in
the closed session shall be null and void.
The legislative body also may exclude from the public or closed meeting,
during the examination of 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 include an
officer or an independent contractor who functions as an officer or an employee but
shall not include any elected official, member of a legislative body or other
independent contractors. Nothing in this section shall limit local officials' ability to
hold closed session meetings pursuant to Sections 1461, 32106, and 32155 of the
Health and Safety Code or Sections 37606 and 37624.3 of the Government Code.
Closed sessions held pursuant to this section shall not include discussion or action
on proposed compensation except for a reduction of compensation that results from
the imposition of discipline.
§54957.1. Closed Sessions: Public Report of Decisions
(a) The legislative body of any local agency shall publicly report any
action taken in closed session and the vote or abstention of every member present
thereon, as follows:
(1) Approval of an agreement concluding real estate
negotiations pursuant to Section 54956.8 shall be reported after the agreement is
final, as specified below:
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(A) If its own approval renders the agreement final, the
body shall report that approval and the substance of the agreement in open session
at the public meeting during which the closed session is held.
(B) If final approval rests with the other party ito the
negotiations, the local agency shall disclose the fact of that approval and the
substance of the agreement upon inquiry by any person, as soon as the other party
or its agent has informed the local agency of its approval.
(2) Approval given to its legal counsel to defend, or seek or
refrain from seeking appellate review or relief, or to enter as an amicus curiae l in any
form of litigation as the result of a consultation under Section 54956.9 shall be
reported in open session at the public meeting during which the closed session is
held. The report shall identify, if known, the adverse party or parties and the
substance of the litigation. In the case of approval given to initiate or intervene in an
action, the announcement need not identify the action, the defendants, or other
particulars, but shall specify that the direction to initiate or intervene in an action has
been given and that the action, the defendants, and the other particulars shall, once
formally commenced, be disclosed to any person upon inquiry, unless to do so would
jeopardize the agency's ability to effectuate service of process on one or more
unserved parties, or that to do so would jeopardize its ability to conclude existing
settlement negotiations to its advantage.
(3) Approval given to its legal counsel of a settlement of
pending litigation, as defined in Section 54956.9, at any stage prior to or during a
judicial or quasi-judicial proceeding shall be reported after the settlement is final, as
specified below:
(A) If the legislative body accepts a settlement; offer
signed by the opposing party, the body shall report its acceptance and identify the
substance of the agreement in open session at the public meeting during which the
closed session is held.
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(B) If final approval rests with some other party to the
litigation or with the court, then as soon as the settlement becomes final, and upon
inquiry by any person, the local agency shall disclose the fact of that approval, and
identify the substance of the agreement.
(4) Disposition reached as to claims discussed in closed session
pursuant to Section 54956.95 shall be reported as soon as reached in a manner that
identifies the name of the claimant, the name of the local agency claimed against, the
substance of the claim, and any monetary amount approved for payment and agreed
upon by the claimant.
(5) Action taken to appoint, employ, dismiss, accept the
resignation of, or otherwise affect the employment status of a public employee in
closed _session pursuant to Section 54957 shall be reported at the public meeting
during which the closed session is held. Any report required by this paragraph shall
identify the title of the position. The general requirement of this paragraph
notwithstanding, the report of a dismissal or of the nonrenewal of an employment
contract shall be deferred until the first public meeting following the exhaustion of
administrative -remedies, if any.
(6) Approval of an agreement concluding labor negotiations
with represented employees pursuant to Section 54957.6 shall be reported after the
agreement is final and has been accepted or ratified by the other party. The report
shall identify the item approved and the other party or parties to the negotiation.
(b) Reports that are required to be made pursuant to this section may
be made orally or in writing. The legislative body shall provide to any person who has
submitted a written request to the legislative body within 24 hours of the posting of
the agenda, or to any person who has made a standing request for all documentation
as part of a request for notice of meetings pursuant to Section 54954.1 or 54956,
if the requester is present at the time the closed session ends, copies of any
contracts, settlement agreements, or other documents that were finally approved or
adopted in the closed session. If the action taken results in one or more substantive
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amendments to the related documents requiring retyping, the documents need ;not be
released until the retyping is completed during normal business hours, provided that
the presiding officer of the legislative body or his or her designee orally summarizes
the substance of the amendments for the benefit of the document requester or any
i other person present and requesting the information.
(c) The documentation referred to in paragraph (b) shall be available
to any person on the next business day following the meeting in which the; action
referred to is taken or, in the case of substantial amendments, when any necessary
retyping is complete.
(d) Nothing in this section shall be construed to require that the
legislative body approve actions not otherwise subject to legislative body approval.
(e) No action for injury to a reputational, liberty, or other personal
interest may be commenced by or on behalf of any employee or former employee
with respect to whom a disclosure is made by a legislative body in an effort to
comply with this section.
§54957.2. Minute Book Record of Closed Sessions: Inspection
(a) The legislative body of a local agency may, by ordinance or
resolution, designate a clerk or other officer or employee of the local agency who
shall then attend each closed session of the legislative body and keep and enter in a
minute book a record of topics discussed and decisions made at the meeting. The
minute book made pursuant to this section is not a public record subject to inspection
pursuant to the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1), and shall 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 session, to a court of general juris-
diction wherein the local agency lies. Such minute book may, but need not, consist
of a recording of the closed session.
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(b) An elected legislative body of a local agency may require that each
legislative body all or a majority of whose members are appointed by or under the
authority of the elected legislative body keep a minute book as prescribed under
subdivision (a).
§ 54957.5.
Agendas and Other Writings Distributed for Discussion or
Consideration at Public Meetings Public Records: Inspection
Closed Sessions
(a) Notwithstanding Section 6255 or any other provisions of law,
agendas of public meetings and any other writings, when distributed to all, or a
majority of all, of the members of a legislative body of a local agency by any person
in connection with a matter subject to discussion or consideration at a public meeting
of the body, are disclosable public records under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and shall be
made available upon request without delay. However, this section shall not include
any writing exempt from public disclosure under Section 6253.5, 6254, or 6254.7.
(b) Writings which that are public records under subdivision (a) and
whicfrthat;are distributed during a public meeting shall be made available for public
inspection at the meeting if prepared by the local agency or a member of its
legislative body, or after the meeting if prepared by some other person.
(c) Nothing in this section shall be construed to 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.
(d) This section shall not be construed to limit or delay the public's
right to inspect or obtain a copy <of;any record required to be disclosed under the
requirements of the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1). Nothing in this chapter shall be construed to
require a legislative body of a local agency to place any paid advertisement or any
other paid notice in any publication.
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§54957.6. Closed Sessions: -Legislative Body of Local Agencies: Salaries,
Salary Schedules or Frinae Benefits: Mandatory Subjects
i
(a) Notwithstanding any other provision of law, a legislative body of
a local agency may hold closed sessions with the local agency's designated
representatives regarding the salaries, salary schedules, or compensation paid; in the
form of fringe benefits of its represented and unrepresented employees, and, for
represented employees, any other matter within the statutorily -provided scope of
representation.
However, prior to the closed session, the' le+gislativebody of the local
, agency shall hold an open and public session in which 'it identifies its.designated
representatives,
Closed sessions of a legislative body of a local agency, as permitted in
this section, shall be for the purpose of reviewing its position and instructing the local
agency's designated representatives.
Closed sessions, as permitted in this section, may take place prior to and
during consultations and discussions with representatives of employee organizations
and unrepresented employees.
Closed sessions with the local agency's designated representative
regarding the salaries, salary schedules, or compensation paid in the form of ;fringe
benefits may include discussion of an agency's available funds and funding priorities,
but only insofar as these discussions relate to providing instructions to the local
agency's designated representative.
Closed sessions held pursuant to this section shall not include final action
on the proposed compensation of one or more unrepresented employees.
For the purposes enumerated in this section, a legislative body of a local
agency may also meet with a state conciliator who has intervened in the proceedings.
lb) For purposes of this section, the term "employee" shall include an
officer or an independent contractor who functions as an officer or an employee, but
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shall not include any elected official, member of a legislative body, or other
independent contractors.
§54957.7. Closed Sessions: Statement of Reasons and Legal Authority:
Scope of Coverage: Notice
(a) Prior to holding any closed session, the legislative body of the
local agency shall disclose, in an open meeting, the item or items to be discussed in
the closed session. The disclosure may take the form of a reference to the item or
items as they are listed by number or letter on the agenda. In the closed session, the
legislative body may consider only those matters covered in its statement: Nothing
in this section shall require or authorize a disclosure of information prohibited by state
or federal law.
(b) After any closed session, the legislative body shall reconvene into
open session prior to adjournment and shall make any disclosures required by Section
54957.1 of action taken in the closed session.
(c) The announcements required to be made in open session pursuant
to this section may be made at the location announced in the agenda for the closed
session, as long as the public is allowed to be present at that location for the purpose
of hearing the announcements.
§ 54957.8. Closed Sessions: Legislative Body of a Multijurisdictional Drug
Law Enforcement Agency
Nothing contained in this chapter shall be construed to prevent the
legislative body of a multijurisdictional drug law enforcement agency, or an advisory
body of a multijurisdictional drug law enforcement agency, from holding closed
sessions to discuss the case records of any ongoing criminal investigation of the
multijurisdictional drug law enforcement agency or of any party to the joint powers
agreement, to hear testimony from persons involved in the investigation, and to
discuss courses of action in particular cases.
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"Multijurisdictional drug law enforcement agency," for purposes of this
section, means a joint powers entity formed pursuant to Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1, which provides drug law
enforcement services for the parties to the joint powers agreement.
The Legislature finds and declares that this section is within the public
interest, in that its provisions are necessary to prevent the impairment of ongoing law
enforcement investigations, to protect witnesses and informants, and to permit the
discussion of effective courses of action in particular cases.
§54957.9. Authorization to Clear Room Where Meeting Willfully Interrupted.
Eta.
In the event that any meeting is willfully interrupted by a group or groups
of persons so as to render the 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 body conducting the meeting may order the
meeting room cleared and continue in session. Only matters appearing on the agenda
may be considered in such a session. Representatives of the press or other news
media, except those participating in the disturbance, shall be allowed to attend any
session held pursuant to this section. Nothing in this section shall prohibit the
legislative body from establishing a procedure for readmitting an individual or
individuals not responsible for willfully disturbing the orderly conduct of the meeting.
§54958. Application of Chapter
The provisions of this chapter shall apply to the legislative body of every
local agency notwithstanding the conflicting provisions of any other state law.
§54959. Criminal Penalty
Each member of a legislative body who attends a meeting of that
legislative body where action is taken in violation of any provision of this chapter, and
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where the member intends to deprive the public of information to which the member
knows or has reason to know the public is entitled under this chapter, is guilty of a
misdemeanor.
§54960. Action to Prevent Violations or Determine Applicability of Chapter
(a) The district attorney or any interested person may commence an
action by mandamus, injunction or declaratory relief for the purpose of stopping or
preventing violations or threatened violations of this chapter by members of the
legislative body of a local agency or to determine the applicability of this chapter to
actions or threatened future action of the legislative body, or to determine whether
any rule or action by the legislative body to penalize or otherwise discourage the
expression of one or more of its members is valid or invalid under the laws of this
state or of the United States, or to compel the legislative body to tape record its
closed sessions as hereinafter provided.
(b) The court in its discretion may, upon a judgment of a violation of
Section 54956.7, 54956.8, 54956.9, 54956.95, 54957, or 54957.6, order the
legislative body to tape record its closed sessions and preserve the tape recordings
for the period and under the terms of security and confidentiality the court deems
appropriate.
(c) (1) Each recording so kept shall be immediately labeled with the
date of the closed session recorded and the title of the clerk or other officer who shall
be custodian of the recording.
(2) The tapes shall be subject to the following discovery
procedures:
(A) In any case in which discovery or disclosure of the
tape is sought by either the district attorney or the plaintiff in a civil action pursuant
to Section 54959, 54960, or 54960.1 alleging that a violation of this chapter has
occurred in a closed session which has been recorded pursuant to this section, the
party seeking discovery or disclosure shall file a written notice of motion with the
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appropriate court with notice to the governmental agency which has custody and
control of the tape recording. The notice shall be given pursuant to subdivision (b)
of Section 1005 of the Code of Civil Procedure.
(B) The notice shall include, in addition to the items
required by Section 1010 of the Code of Civil Procedure, all of the following:
(i) Identification of the proceeding in which
discovery or disclosure is sought, the party seeking discovery or disclosure, the date
and time of the meeting recorded, and the governmental agency which has custody
and control of the recording.
lip An affidavit which contains specific facts
indicating that a violation of the act occurred in the closed session.
(3) If the court, following a review of the motion, finds that
there is good cause to believe that a violation has occurred, the court may review,
in camera, the recording of that portion of the closed session alleged to have violated
the act.
(4) If, following the in camera review, the court concludes that
disclosure of a portion of the recording would be likely to materially assist in the
resolution of the litigation alleging violation of this chapter, the court shall, in its
discretion, make a certified transcript of the portion of the recording a public exhibit
in the proceeding.
(5) Nothing in this section shall permit discovery of
communications which are protected by the attorney -client privilege.
§54960.1. Unlawful Action by Legislative Body: Action for Mandamus or
Injunction: Prerequisites
(a) The district attorney or any interested person may commence an
action by 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, 54954.5, 54954.6, or 54956 is null and void under this section.
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Nothing in this chapter shall be construed to prevent a legislative body from curing
or correcting an action challenged pursuant to this section.
(b) Prior to any action being commenced pursuant to subdivision (a),
the district attorney or 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, 54954.5, 54954.6, or 54956. The demand shall be in writing and clearly
describe the challenged action of the legislative body and nature of the alleged
violation.
(c) (1) The written demand shall be made within 90 days from the
date the action was taken unless the action was taken in an open session but in
violation of Section 54954.2, in which case the written demand shall be made within
30 days from the date the action was taken.
(2) Within 30 days of receipt 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 writing of
its decision not to cure or correct the challenged action.
(3) 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 correctexpires.
(4) Within 15 days of receipt of the written notice of the
legislative body's decision to cure or correct, or not to cure or correct, or within 15
days of the expiration of. the 30-day period to cure or correct, 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.
(d) An action taken that is alleged to have been taken in violation of
Section 54953, 54954.2, 54954.5, 54954.6, or 54956 shall not be determined to
be null and void if any of the following conditions exist:
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(1) The action taken was in substantial compliance with
Sections 54953, 54954.2, 54954.5, 54954.6, and 54956.
(2) The action taken was in connection with the sale or
issuance of notes, bonds, or other evidences of indebtedness or any contract,
instrument, or agreement thereto.
(3) The action taken gave rise to a contractual obligation,
including a contract let by competitive bid other than compensation for services in the
form of salary or fees for professional services, upon which a party has, in good faith
and without notice of a challenge to the validity of the action, detrimentally relied.
(4) The action taken was in connection with the collection of
any tax.
(5) Any person, city, city and county, county, district, or any
agency or subdivision of the state alleging noncompliance with subdivision (a) of
Section 54954.2, Section 54956, or Section 54956.5, because of any defect, error,
irregularity, or omission in the notice given pursuant to those provisions, had actual
notice of the item of business at least 72 hours prior to the meeting at which the
action was taken, if the meeting was noticed pursuant to Section 54954.2, or 24
hours prior to the meeting at which the action was taken if the meeting was noticed
pursuant to Section 54956, or prior to the meeting at which the action was taken if
the meeting is held pursuant to Section 54956.5.
(e) During any action seeking a judicial determination pursuant to
subdivision (a) if the court determines, pursuant to a showing. by the legislative body
that an action alleged to have been taken in violation of Section 54953, 54954.2,
549.54.5, 54954.6, or 54956 has been cured or corrected by a subsequent action of
the legislative body, the action filed pursuant to subdivision (a) shall be dismissed
with prejudice.
(f) The fact that a legislative body takes a subsequent action to cure
or correct an action taken pursuant to this section shall not be construed or
admissible as evidence of a violation of this chapter.
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§54960.5. Costs and Attorney Fees
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 chapter. The costs and
fees shall be paid by the local agency and shall not become a personal liability of any
public officer or employee of the local agency.
A court may award court costs and reasonable attorney fees to a
defendant in any action brought pursuant to Section 54960 or 54960.1 where the
defendant has prevailed in a final determination of such action and the court finds
that the action was clearly frivolous and totally lacking in merit.
§ 54961. Meeting Places: Discriminatory Admission Policies: Accessibility
(a) No legislative body of a local agency shall conduct any meeting
in any facility that prohibits the admittance of any person, or persons, on the basis
of race, religious creed, color, national origin, ancestry, or sex, or which is
inaccessible to disabled persons, or where members of the public may not be present
without making a payment or purchase. This section shall apply to every local
agency as defined in Section 54951.
(b) No notice, agenda, announcement, or report required under this
chapter need identify any victim or alleged victim of tortious sexual conduct or child
abuse unless the identity of the person has been publicly disclosed.
§54962. Closed Session by Legislative Body Prohibited
Except as expressly authorized by this chapter, or by Sections 1461,
1462, 32106, and 32155 of the Health and Safety Code or Sections 37606 and
37624.3 of the Government Code as they apply to hospitals, or by any provision of
the Education Code pertaining to school districts and community college districts, no
closed session may held by any legislative body of any local agency.
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