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03 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 BEST BEST & KRIEGER LLP 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 RVPUBT AQV135913 LAW OFFICES OF BEST BEST & KRIEGER LLP 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. RVPUBIDMV155913 LAW OFFICES OF BEST BEST 6 KRIEGER LLP (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 RVPUBM4V155913 -2- LAW OFFICES OF BEST BEST 6 KRIEGER LLP 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. RVPUBIDMV\55913 -3- LAW OFFICES OF BEST BEST S KRIEGER LLP" 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 RVPUBIDMV53913 -4- LAW OFFICES OF BEST BEST 6 KRIEGER LLP 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 RVPUBEIMV155913 -5- LAW OFFICES OF BEST BEST & KRIEGER LLP 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 RVPUBIDMV155913 -6- LAW OFFICES OF BEST BEST 6 KRIEGER LLP 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 RVPUBIDMV\55913 -7- LAW OFFICES OF BEST BEST & KRIEGER LLP 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. RVPUB\DMV53913 -8- LAW OFFICES OF BEST BEST 6 KRIEGER LLP (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 RVPUBMSA55913 -9- LAW OFFICES OF BEST BEST & KRIEGER LLP 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. RVPUBEMV155913 -10- LAW OFFICES OF BEST BEST 6 KRIEGER LLP 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. RVPUB\DMV155913 -11- LAW OFFICES OF BEST BEST & KRIEGER LLP §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 RVPUBIDMV155913 -12- LAW OFFICES OF BEST BEST & KRIEGER LLP 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. RVPUBOMV\55913 -13- LAW OFFICES OF BEST BEST 6 KRIEGER LLP (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) RVPUBIDMV155913 -14 LAW OFFICES OF BEST BEST & KRIEGER LLP (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.) RVPUB\DMV55913 -15- LAW OFFICES OF BEST BEST 6 KRIEGER LLP (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) RVPUB\DMV\53913 -16- LAW OFFICES OF BEST BEST & KRIEGER LLP (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 RVPUB\DMV\55913 -17- LAW OFFICES OF. BEST BEST & KRIEGER LLP 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: AVPUBIDMW5913 -18- LAW OFFICES OF BEST BEST & KRIEGER LLP (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 RVPUBIDMV133913 -19- LAW OFFICES OF BEST BEST 6 KRIEGER LLP 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, RVPUB1DMV\35913 -20- LAW OFFICES OF BEST BEST & KRIEGER LLP 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 RVPUB1DMV155913 -21- LAW OFFICES OF BEST BEST S KRIEGER LLP 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 RVFUB\D.'VIV'155913 -22- LAW OFFICES OF BEST BEST S KRIEGER LLP 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 RVPUB\DMV‘55913 -23- LAW OFFICES OF BEST BEST 6 KRIEGER LLP 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, RVPUHNDMV155913 -24- LAW OFFICES OF BEST BEST 6 KRIEGER LLP 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. RVPUB\DMV\55913 -25- LAW OFFICES OF BEST BEST & KRIEGER LLP 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. RVPUBIDM't75913 -26- LAW OFFICES OF BEST BEST 6 KRIEGER LLP 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 RtPUBIDMV155913 -27- LAW OFFICES OF BEST BEST 6 KRIEGER LLP 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. RVPUBTIMV155913 -28- LAW OFFICES OF BEST BEST S KRIEGER LLP § 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. RVPLB\DMV155913 -29- LAW OFFICES OF BEST BEST & KRIEGER LLP 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: RVPUB\DMV\55913 -30- LAW OFFICES OF BEST BEST & KRIEGER LLP (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. RVPLBIDMN35913 -31- LAW OFFICES OF BEST BEST b KRIEGER LLP (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 RVPUBIDMV\55913 -32- LAW OFFICES OF BEST BEST 6 KRIEGER LLP 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. RVPUB1DMV\559I3 -33- LAW OFFICES OF BEST BEST 6 KRIEGER LLP (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. RVPUSIDMW5913 -34- LAW OFFICES OF BEST BEST S KRIEGER LLP §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 RVPUB\DMVOS913 -35- LAW OFFICES OF BEST BEST S KRIEGER LLP 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. RVPUB\DMV135913 -36- LAW OFFICES OF BEST BEST 6 KRMGER LLP "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 RVPUBIDMV155913 -37- LAW OFFICES OF BEST BEST 6 KRIEGER LLP 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 RVPUBIDMV155913 -38- LAW OFFICES OF BEST BEST S KRIEGER LLP 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. RVPUB1pMV135913 -39- LAW OFFICES OF BEST BEST & KRIEGER LLP 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: RVPI1131DMV\55913 -40- LAW OFFICES OF BEST BEST & KRIEGER LLP (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. RVPUMDMV\55913 -41- LAW OFFICES OF BEST BEST 6. KRIEGER LLP §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. RVPVB\DMV\55913 -42-