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HomeMy WebLinkAbout3/21/1994 PC Agenda AGENDA CITY OF DUBLIN PLANNING COMMISSION Regular Meeting - Dublin Civic Center Monday - 7:30 p.m. 100 Civic Plaza, Council Chambers March 21, 1994 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. ADDITIONS OR REVISIONS TO THE AGENDA 5. MINUTES OF PREVIOUS MEETINGS - March 7, 1994 6. ORAL COMMUNICATION - At this time, members of the audience are permitted to address the Planning Commission on any item which is not on the Planning Commission agenda. Comments should not exceed 5 minutes. If any person feels that this is insufficient time to address his or her concern, that person should arrange with the Planning Director to have his or her particular concern placed on the agenda for a future meeting. 7. WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 8.1 PA 93-062 City of Dublin Sign Ordinance Revision Project proposal to amend the Zoning Ordinance pertaining to the regulation of signs (continued from 3/7/94 meeting) . 9. NEW OR UNFINISHED BUSINESS 9.1 Changes in the Ralph M. Brown Act (Government Code Section 54950 et. seq.) 10. OTHER BUSINESS 11. PLANNING COMMISSIONERS' CONCERNS 12. ADJOURNMENT (Over for Procedures Summary) • ii/l/ .,�rT T CITY OF DUBLIN k (41,, P.O. Box 2340. Dublin, Ca:romia 94568 • City Offices. 100 Civic P.aza. Dublin, California 945E8 Fax #833: 6628 FAX TRANSMISSION COVER SHEET LIBRARY TO: FAX NUMBER: 828_9�96 ..\-- FROM: 61-Ujk.‘ 01/4-- DEPARTMENT: Planning Department DATE: ' t 1 1 '{ NUMBER OF PAGES SENT (INCLUDING COVER SHEET) : U SUBJECT: PUBLIC HEARING NOTICE COMMENTS/DIRECTIONS: PLEASE POST ON PUBLIC BULLETIN BOARD Thanks! ! ! NOTE: IF YOU ARE NOT CLEARLY RECEIVING THIS DOCUMENT, PLEASE CALL (510) 833-6610 THANK YOU. Administration (4151 833.6653 • C,ty Ccurc: 533-6605 • France (1:5; 53 66 0 • Eu lcry _sc_c:cr. (1'5' --- Code Enforcement (=15) 83. • E^gr ee^ng (115)83. €6 0 • P ar,nng _-610 Police (115) 833-6670 • 'Aor. . (-15; 833-6c630 • P.ccreat;on (1 5) 633-c6-S ram /"4. CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: March 21, 1994 TO: Planning Commissionhr FROM: Planning Staff +-t PREPARED BY: David Choy, Associate Planner SUBJECT: PA 93-062 City of Dublin Sign Ordinance Revision GENERAL INFORMATION: PROJECT: The City of Dublin proposes to revise the Zoning Ordinance relating to signs. APPLICANT: City of Dublin 100 Civic Plaza Dublin, CA 94568 ANALYSIS: This item was continued from the March 7 , 1994 , regular meeting of the Planning Commission. The Planning Commission completed review of Sections I .A. through I .G. Please refer to the Staff Report for PA 93-062, prepared and distributed for the March 7, 1994, Planning Commission meeting. Discussion is scheduled to resume with Section I .H. Banners and Flags. On March 14 , 1994 , Staff received a letter from Ronald Nahas, " requesting consideration of permitting directional signs on major arterial roads, which would direct traffic to major businesses who are not located directly on the major streets (see Attachment 1) . The Public Works Department currently permits Public Service Signs within the public right-of-way, for the general purpose of directing a substantial number of motorists to the location of certain public or private non-profit organizations (see Attachment 2) . These signs are currently restricted to non-profit businesses. Staff has concerns regarding the regulation of the number and placement of directional signs if they were allowed for all businesses. Staff recommends that the Planning Commission provide direction regarding this issue. COPIES TO: Agenda/General Files 8STF . members ITEM NO. Senior Planner PAGE ,0 6 Staff also suggests that the Planning Commission continue to provide direction by: 1) clarifying the sign issues that have been previously identified by the Sign Task Force and Staff, and 2) identifying any other sign issues that should be studied. With this direction, Staff will prepare a draft ordinance for consideration and recommendation by the Sign Task Force and the Planning Commission. FORMAT: 1) Indicate public hearing is still open and hear Staff presentation. 2) Take testimony from the public. 3) Question Staff and the public. 4) Provide Staff with direction relating to the Ordinance Amendment for PA 93-062 and continue public hearing. ACTION: Staff recommends that the Planning Commission provide Staff with direction regarding PA 93-062 City of Dublin Sign Ordinance Revision and continue the public hearing to the May 2, 1994, regularly scheduled Planning Commission meeting. ATTACHMENTS: Attachment 1: Letter from Ronald Nahas, dated received March 14, 1994 Attachment 2: City of Dublin Public Service Signs Handout 2 PAG 7i0 J CC' p14m.l0h+wl.rne5 12vS S�j. (askFavu 6"6"t,.S Rafanelli and Nahas kr.ZirIVED Real Estate Development March 11, 1994 Larry Tong M'iR 1 4 1994 Planning Director 100 Civic Plaza DUSL:N AL:\ lNINO Dublin, CA 94568 Dear Larry: Since Amador Lakes first opened in 1985, it has suffered from a lack of visibility from the main circulation roads within Dublin. As an example, during the month of February, Amador Lakes had 25 visits from prospective renters. Cotton Wood, which is located on the corner of Dougherty Road and Amador Valley Boulevard, had 85 visits from prospective renters, although Amador Lakes has a larger advertising budget and more than twice the number of units. Amador Lakes is not the only business in Dublin suffering from this lack of exposure. In my capacity as a member of the Business Development Task Force, I spoke with the owners of the Sierra Trinity Business Park. The person in charge of overseeing the management is Gina diMateo of Kemper Properties. Gina also indicated that visibility of their park was limited due to its location off Dublin Boulevard. I would like to suggest that the Sign Committee consider allowing the use of the small, blue directional signs mounted on street sign poles for Dublin businesses located off the main circulatory roads that generate vehicle trips in excess of a reasonable threshold, such as 500 trips per day. I would suggest the main circulation streets in Dublin would include San Ramon Road, Dublin Boulevard, Amador Valley Boulevard, Village Parkway and Dougherty Road. Such a modification of the sign ordinance would have benefits in terms of traffic flow as well as improving the business opportunities for those businesses located off the main streets. If the thresholds were correctly established, it would not result in the proliferation of signs throughout the City. I would very much appreciate you forwarding this request to the chairs of the Sign Committee and the Planning Commission, as appropriate. C ly, Ronald C. Nahas RCN/cvh cc: Gina DiMateo Janet Bray Anne Kent ATTACHMENT Lee Thompson ATTACHMENT _ryj. 1 BATES BOULEVARD,SUITE 200 ORINDA,CA 94563 (510)254-8800 (510)254-8860 FAX CAGE_ .Dr CITY OF DUBL IN a POLIO FOR INSTALLATION OF PUBLIC SERVICE S 1 G N S ::,:,._...,,.,,„„,:,..,:,.,,.,,„,:.:... . ..........,........,.....................:. :,:..:,,,%.:.,,,,,.:.,,,:.::.,:„...„,„ ,,..,.,:t.,..,,,,,,,3;.:.,,,,,,,,,,,,,,,,,,,,:,..,. ..„.,.„.,,;,,,„,:,. Public Service Signs are directional signs installed on permittee. The permittee is required to provide a LEGEND RESTRICTIONS: The legend of the sign Dublin City streets for the general purpose of directing a deposit covering the estimated cost of the shall be clear and easily read by vehicle operators m substantial number of motorists to the location of certain installation at the time the application is approved. normal traffic and shall be composed of letters or public or private non-profit organizations. Any excess remaining after the installation is numbers from the standard alphabet for highway Organizations located on,or visible from,major streets complete will be returned to the permittee. If the signs used by the California Department of are generally not expected to require public signing. deposit is not sufficient to cover the total cost of the Transportation. In order that the wording be clearly installation, the permittee will be billed for the visible,it is suggested that the letters be a minimum Public Service Signs will typically not be placed for balance. No further work will be performed on the of 4"high. The letters,numbers,and borders used organizations located outside the City Limits of Dublin. installation until the balance has been paid. on the sign shall be white;the background shall be dark green(or blue for health care facilities). The Public Service Signing is considered secondary in If installation by the permittee has been approved, background may contain an overprint of the importance and priority to standard traffic signs for the installation must conform to City standards and organization's identification symbol. Alternate regulatory,warning,construction,or directional will be inspected by the City. In this case,a deposit colors for lettering and background may be purposes. Normally,only one public service sign would covering the cost of inspection is to be paid by the submitted to the City Engineer for approval. In no be installed on a given approach to an intersection, permittee at the time the application is approved. case shall the sign background be yellow,red,or although multiple messages can be combined on a single orange. installation. The total number of signs to be installed An investigation fee may be charged to cover costs must be approved by the City Engineer. incurred by the City Engineer in reviewing the INFORMATION: The legend shall be limited to application. three lines generally composed of the following The following guidelines apply: information: 5. Signs must conform to the following criteria 1. Encroachment permits will be required for the unless otherwise authorized by the City Engineer: The name of the organization(maximum of tour installation of Public Service Signs in any City street words). right-of-way. Permit applications are to be submitted to SIZE:Signs must be rectangular in shape and may and approved by the City Engineer. The City be 12"x 24"or any other appropriate size The location,designation,or distance in blocks or Engineer's decision is appealable to the City Council. authorized by the City Engineer. miles(maximum of three words). 2. A$10 permit fee will be required for issuance of the CONSTRUCTION: Signs are to be constructed of A directional arrow or such other information as encroachment permit covering the installation of Public steel,aluminum,or other suitable material and shall approved by the City Engineer. Service Signs within any City street right-of-way. have sufficient strength to withstand bending or sagging under normal conditions. The sign faces FACING: Signs may be single-or double-faced. 3. All Public Service Signs and all replacement signs shall be finished with porcelain enamel,Naked All materials and workmanship and finish shall be shall be furnished by the requesting organization at no enamel,or reflective sheeting as may be required equal to that of traffic signs installed on City streets. expense to the City. depending on the sign purpose. Normal Zo 4. Unless the City Engineer approves otherwise, the construction is reflective sheeting on 0.080" 6. Each requested sign location shall be noted in the r Public Service Signs will be installed by the City aluminum. It is strongly suggested that the application for the permit. The City reserves the ^' Maintenance Crew. The cost of labor,posts,concrete, permittee contact a firm specializing in traffic right to relocate or remove any public service sign at fzshardware,and other materials necessary for the signing to construct the sign. any time in the interest of public safety or to avoid installation of Public Service Signs is to he paid by the conflict with official traffic signs. . 7. Routine Preventive maintenance (equal to that • received by official traffic signs) will be performed atnoc co st.to the t rmtt ee. at If an time u ' Pe Y a Duo Service sig.n is f ound to have deter i rated r o be and the Y nit at which r u o tme aint m enancecan v'pro tde an P ac e c taU e a 1 cane e the i w's u ill e v P PPS g bermoed. The Tl r 'tt perm ee ma pro a re lacement s' 1� YP t tat P gt his/be /h r own ex pense Pe 8. sh ot"Could a Public Service Si nbedetermined to be obsolete t obemilea 's din to the u lie t g P b o constitute a a h zard or to c eat r eahazyd u r o sco 't'ndt ton the sign • will be removed by the 't CI . Y 9. Should a place of assembly cease its operation at a Particular location, notification shall be given Uy the permittee to the City Engineer within 15 days f• IT�T after said cessation so that the sign(s) may be �l�l `��r v �� MST TES removed. In the event of non-notification within 15 j days, all signs installed for the location will be � +�� oA vF UU summarily removed. The reinstallation of the signs G�`C� �C/�� by the City will be considered a new installation, and R. ���� �,� the cost of re installation shall be borne by the p 11 , T Tn r c permittee. .[1 - 7 rL T1�.J�Y I) �'•,I') �'l �LI 10. Public Service Signs in existence at the time of O •F PUBLIC SERVIC 0�����V� �V the adoption of these guidelines shall be brought mto ��•�7�7C► 'I!� /�r���1�`�J conformance with the guidelines as soon as- s the T ► �N S� organization has Ixtcn notilied by the City L'ngincer. ITY After notification, the organization will have 180 days to rec u t es a mit e'r for r mstallat'c Y 1 Pe im replacement, relocation, or removal in conformance w'tth the procedures esta Uhshecl the in sc uideline. P g s. t If of have anyt 'test a 'tons re rdm t ' Y 9 g g Pt bltc Service Signs leas e feel ee toal tl fr c 1 to Public W orks Pl J e t D ar ment at 510 83 3 6630. P ( ) J IL'1 N h a �" \ N REGULATIONS FOR SIGNS BY ZONING DISTRICT Sign Type A R-1, R-2. H-1 C-N C-O C-1 C-2 M-1 R-S Wall See A. p p P p p p Directional Tract P CUP/ZA CUP/ZA CUP/ZA CUP/ZA CUP/ZA CUP/ZA Community ID P CUP/PC CUP/PC CUP/PC CUP/PC CUP/PC CUP/PC Identification See A. p ACUP ACUP ACUP ACUP ACUP ACUP Freestanding 20' See A. ,p p p p or less in ht. Freestanding CUP/ZA CUP/ZA CUP/ZA CUP/ZA greater than 20' in height Projecting See A. P p p p Directory See A. SDR SDR I ) Low Profile See A. SDR SDR C -V' Office Building SDR SDR SDR Master ID /_1 Service Station SDR SDR SDR L6•/ . Display Structure Shopping Center SDR SDR SDR Master ID Temporary Promo ZC ZC ZC ZC -- -- (30 Day) Temporary Promo CUP/ZA CUP/ZA CUP/ZA CUP/ZA CUP/ZA CUP/ZA (60 Day) Time/Temperature CUP/PC CUP/PC CUP/PC CUP/PC Special Easement See A. CUP/PC CUP/PC CUP/PC CUP/PC Second F/S CUP/PC CUP/PC cup/Pc cup/Pc Grand-Opening See A. ZC ZC ZC ZC ZC ZC Temp Promo Temporary off- See A. ACUP ACUP ACUP ACUP site sale or ) lease Notes: A - Business Signs not exceeding an aggregate area or twenty (20) square feet are permitted. P - Permitted SDR - Site Development Review Approval Required ACUP - Administrative Conditional Use Permit Approval Required CUP - Conditional Use Permit Approval Required (ZA = Zoning Administrator, PC = Planning Commission) ZC - Zoning Clearance CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: March 21, 1994 TO: Planning Commission FROM: Planning Staff PREPARED BY: Laurence L. Tong, Planning Director 'f SUBJECT: Changes in the Ralph M. Brown Act (Government Code Section 54950 et. seq.) RECOMMENDATION: Discuss amendments and adopt resolution DESCRIPTION: The Ralph M. Brown Act (California Government Code Section 54950 et. seq.) has been significantly amended by three bills (Assembly Bill 1426, Senate Bill 36 and Senate Bill 1140) which were signed into law on October 10, 1993. The amendments go into effect on April 1, 1994. The City Attorney has prepared a memorandum to the City Council which lists the practical impacts of the amendments of the City of Dublin. The impacts on the Planning Commission and Planning Department include: 1. the definition of "legislative body" has been expanded 2. the definition of "meeting" has been added 3. meetings may be recorded and broadcasted 4. meetings must be held within the City except in limited situations 5. the amendment provides clarification regarding the agenda and discussion of items not on the agenda 6. any written documents distributed at a public meeting must be available for public inspection The City Attorney has determined that the Planning Commission and/or Staff may present informational only items under the "Other Business" section of the agenda. Any report requiring Planning Commission action would have to be listed separately on the agenda. ITEM NO. 9.1 COPIES TO: Agenda File PAGEL_or z9 Staff recommends that the Planning Commission 1) discuss the amendments, and 2) adopt the draft resolution incorporating the required changes into the rules of procedure. ATTACHMENTS: Exhibit A: Draft resolution amending and adopting the Dublin Planning Commission Rules of Procedure Background Attachments: Attachment 1: Memorandum to City Council from City Attorney, dated March 7, 1994 -2- PC OF 10 RESOLUTION NO. 94 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN AMENDING AND ADOPTING THE DUBLIN PLANNING COMMISSION RULES OF PROCEDURE WHEREAS, the Planning Commission seeks to govern meetings and conduct hearings in a fair and effective manner and in compliance with the Ralph M. Brown Act, Government Code 54950 et. seq.; and WHEREAS, on March 21, 1994, the Planning Commission did review amendments to the Dublin Planning Commission Rules of Procedure. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission finds that the following Rules of Procedure are necessary to govern meetings and conduct hearings in a fair and effective manner and in compliance with the Ralph M. Brown Act. BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby adopt the following Rules of Procedure: REVISED 3/21/94 DUBLIN PLANNING COMMISSION RULES OF PROCEDURE I. GENERAL PROVISIONS A. These rules of procedure shall be known as the "Dublin Planning Commission Rules of Procedure." A copy of these rules, and amendments thereto, shall be filed in the offices of the Planning Department and the City Clerk for examination by the public. B. These rules, and any amendments hereto, shall be effective on the date of the adoption hereof and shall govern the meetings and conduct of hearings by the Commission. II. OFFICERS A. Election and Term of Office The Chairperson, Vice Chairperson and Secretary are elected by the majority of the Commission for a one- year term and hold office until their successors are elected or until their terms as members of the Commission expire. The officers are elected at the -1 EXHIBIT A first meeting of the Commission in December of each year. Elections, whether regular or to fill vacancies, shall be held only if at least four Commission members are present. B. Vacancies In case of any vacancy in the office of Chairperson, Vice Chairperson or Secretary, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. Persons so elected shall serve the balance of the term. C. Duties of Officers The Chairperson performs the following duties: 1. Presides at all meetings of the Commission. 2. Appoints committees and chairpersons of committees. 3. Approves the agenda prior to distribution. 4. Signs correspondence on behalf of the Commission. 5. Represents the Commission before the City Council. 6. Performs other duties necessary or customary to the office. In the event of the absence of the Chairperson or his/her inability to act, the Vice Chairperson presides in place of the Chairperson. In the event of the absence of or inability to act of both the Chairperson and the Vice Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. D. Committees The Commission or the Chairperson, upon direction of the Commission, may appoint several of its members, but fewer than a quorum, to serve as a committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commission may appoint non-members to the committee. Committees make recommendations directly to the Commission. A committee may not represent the Commission before the Council or other bodies unless it has first received the authorization of the Commission to do so. III. MEETINGS A. Regular meetings shall be held on the first and third Mondays of each month at 7:30 p.m. in the Council Chambers at the Dublin Civic Center, 100 Civic Plaza, Dublin, California. -2- _i,-.,2!P B. If the regular meeting place is unable to accommodate the meeting, the Commission may recess the meeting to another place. If the Commission anticipates that the regular meeting place will be inadequate, the Commission, or Chairperson in the event of an emergency, may order that the meeting be held in another place. C. Items for public hearing will normally be considered at the beginning of each meeting. D. Special meetings may be called by the Chairperson or a majority of the members of the Commission. E. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. F. No new public hearing item will begin after 10:30 p.m., and the meetings will be adjourned by 11:00 p.m., except under unusual circumstances where the Commission votes to hear the item or to extend the meeting for 30- minute increments. IV. VOTING A. No official action shall be transacted by less than the affirmative vote of a majority of the quorum present, and at least three affirmative votes shall be required to recommend matters to the City Council for adoption. B. A motion may refer to items by agenda number. A motion may not be withdrawn by the mover without the consent of the member seconding it. Motions on items or matters not involving a hearing may be adopted by voice vote unless any members request a roll call vote. C. Tie votes result in defeat of a motion, and unless a subsequent motion is passed regarding an item, results in its denial. Abstentions shall not be counted as either for or against a motion under any circumstances. V. AGENDA The agenda of each regular or special meeting shall, at a minimum, include: a. The date, time, and location of the meeting. b. A brief general description of each item of business to be transacted or discussed at the meeting. -3- PAGE_ .Oi?PA c. A specified period of time for members of the public to address the Commission on items of interest to the public that are within the jurisdiction of the Commission, including a provision that no person may speak longer than five (5) minutes, and including language that the Commission can only briefly respond with questions, refer to Staff, or place the item on a future agenda. The agenda of each meeting will normally include the following items: 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Additions or Revisions to the Agenda 5. Minutes 6. Oral Communications 7. Written Communications 8. Public Hearings 9. New or Unfinished Business 10. Other Business (Commission/Staff Informational Only Reports) 11. Adjournment At least 72 hours before each regular meeting, and at least 24 hours before each special meeting, the Secretary shall post a copy of the agenda at the kiosk in front of the Dublin Civic Center, 100 Civic Plaza, Dublin, California. The Secretary shall execute a Declaration of Posting which shall be filed in the Dublin Planning Department. VI. HEARING PROCEDURES A. The Chairperson shall announce the public hearing item. Commission members shall state any known conflicts of interest and shall not participate in the hearing. B. The Chairperson shall determine if the Applicant or representative is in attendance at the public hearing. If the Applicant or representative fails to attend the public hearing, the Planning Commission may take action to deny, continue, or approve the item. The item may be continued if the Planning Commission receives written notification of the Applicant's inability to attend the meeting. C. The order of presentation shall be as follows: 1) Summary Presentation by Planning Staff 2) Questions by Planning Commission 3) Comments by Applicant -4- �j 4) Comments by Other Proponents 5) Comments by Opponents 6) Rebuttal by Applicant if necessary 7) Additional Comments by Staff as appropriate D. The Chairperson or Commission shall close the public hearing and the item is turned over to the Commission for discussion and action. The audience is not permitted to make any further comments unless invited by the Commission. E. The Planning Staff shall retain copies of all documents or exhibits presented. F. All those wishing to give testimony shall identify themselves by name and address. The Chairperson may require the use of speaker slips. G. The Chairperson may limit the time for the presentation of testimony by each person and shall announce said limitation prior to any presentations. Persons may speak more than once only after obtaining permission from the Chairperson. Notwithstanding the above, the Chairperson may terminate the speaking period of any person when the time taken by the person becomes excessive or when the testimony becomes repetitious or irrelevant. H. A member of the Commission, Staff or public may ask the speaker questions only with the consent of the Chairperson. All responses and answers shall be made to the Commission through the Chairperson. I. A member of the Commission may not consider a fact not presented as part of the record unless he discloses said fact prior to the closing of the public hearing. J. No evidence shall be taken after the closing of the public hearing. The public hearing may be reopened for the taking of further evidence at the discretion of the Chairperson. K. Applause and other demonstrations are prohibited during public hearings. Such demonstrations tend to intimidate those in the audience who may have valid but opposing viewpoints. VII. DELIBERATIONS AND DECISIONS A. The Commission shall not deliberate nor make a decision on the application until the close of the public hearing. -5- PACE1 Or... b B. Deliberations and decisions shall be based on the staff report, documents and exhibits, evidence presented at hearings and stated open and notorious facts. VIII. ITEMS NOT ON THE AGENDA A. No action shall be taken on any item not appearing on the posted agenda for a regular or special meeting, unless: 1) the Planning Commission determines by majority vote that an emergency situation exists, as defined in Government Code Section 54956.5; 2) the Planning Commission determines by a two-thirds vote, or by a unanimous vote if only three members are present, that the need to take action arose after the agenda was posted; or 3) the item was included in a posted agenda for a prior meeting held within five (5) calendar days and was continued to the meeting at which the action is taken. B. When an item not on the agenda is raised by a member of the public, the Commission may briefly respond, may ask questions for clarification, may refer the item to Staff, or may request Staff to report back at a subsequent meeting, unless the Planning Commission determines to take action under Section VIII (A-2) . PASSED, APPROVED AND ADOPTED this 21st day of March, 1994 AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -6- PAGE OF • MEYERS, NAVE, RIBACK, SILVER & WILSON A Professional Law Corporation Gateway Plaza Michael R.Nave 777 Davis Street,Suite 300 Peninsula Office Steven R.Meyers San Leandro,CA 94577 Elizabeth H.Silver Telephone: (510)3514300 1220 Howard Avenue,Suite 250 Michael S.Riback Facsimile: (510)351-4,181 Burlingame,CA 94010-4211 Kenneth A.Wilson Telephone: (415)348-7130 Facsimile: (415)342-0836 Clifford F.Campbell Michael F.Rodriquez Santa Rosa Office Kathleen Faubion Wendy A.Roberts 555 Fifth Street,Suite 230 David W.Skinner Santa Rosa,CA 95401 Steven T.Mattas (� 17 ) 545-8009 Rick W.Jarvis (707) A.Nebb MEMORANDUM Reply to: Sr.a Leandro Of counsel: Andrea J.Saltzman TO: City Council DATE: March 7, 1994 FROM: Elizabeth H. Silver City Attorney RE: Amendments to Brown Act March 14, 1994, Council Meeting Report The Brown Act (Government Code § 54950 et.seq.) was amended in 1993 by four bills (AB 1426 (Burton), SB 36 (Kopp), SB 376 (Bergeson) and SB 1140 (Calderon). Except for SB 376, the amendments become effective April 1, 1994. The purpose of this memorandum is to summarize the more significant changes applicable to the City and to indicate the practical effect of the amendments on the City. A more detailed summary of the Brown Act amendments is attached. (Attachment 1.) Minor amendments to the Council's Rules for Conduct of Meetings (Resolution No. 145-86) are required by the Brown Act amendments. A proposed resolution is attached. (Attachment 2.) 1. The Definition of "Legislative Body" has been Expanded The Brown Act is applicable to a "legislative body." The definition of "legislative body" has been amended. (Gov.Code S 54952.) A "legislative body" now includes: a. The City Council; b. All commissions, committees, boards or other bodies, whether permanent or temporary, decisionmaking or PAGE I OF ? ATTACHMENT 1 TO: City Council FROM: Elizabeth H. Silver RE: Amendments to Brown Act DATE: March 7, 1994 PAGE: 2 advisory, created by ordinance, resolution or formal action of the Council. There is one exception: If a committee is an advisory committee only and composed of less than a quorum of the Council (i.e., two councilmembers), it is not a "legislative body." There is an exception to the exception: Any committee which is a "standing committee," that is, having "continuing subject matter jurisdiction" or "a fixed meeting schedule," is a "legislative body" even if composed of only two councilmembers. c. A board, commission, committee or other body that governs a private corporation that is either created by the Council to exercise delegated authority or receives funds from the City and a member of the Council sits on the board. Practical Impact i• The following City commissions, committees, task forces, etc. appear to be "legislative bodies" under the Brown Act. The staff will have to prepare notices and agendas for all meetings and otherwise follow the Brown Act provisions for meetings of these groups: -- Planning Commission -- Parks and Recreation Commission -- Senior Center Advisory Committee -- Heritage Center Task Force -- East Bay Regional Parks District Liaison Committee -- Youth Sports Liaison Committee -- Audit Review Committee* -- City Council Nominating Committee* *Although these committees are composed of less than a quorum of the Council and ordinarily would not be legislative bodies they have continuing subject matter jurisdiction and, therefore, are legislative bodies under the exception to the exception. PAGE. OF.Z TO: City Council FROM: Elizabeth H. Silver RE: Amendments to Brown Act DATE: March 7, 1994 PAGE: 3 -- Business Task Force -- Community Television Corporation -- Library Planning Task Force -- DSRSD Liaison Committee** -- City of San Ramon Liaison Committee** -- Dublin Unified School District Liaison Committee** -- Livermore Valley Leadership Group -Zon7..y Ad 1sfv -- --SrrjY.T'ack Fo�rx... 2. Newly-elected Councilmembers are Covered by Brown Act A newly-elected Councilmember is now covered by the Brown Act as soon as he or she is elected and before being sworn in to office. (Gov.Code § 54952.1.) Practical Impact Newly-elected Councilmembers must be careful not to meet with two or more of the current Councilmembers unless the meeting is noticed and otherwise in compliance with the Brown Act. 3. A Definition of "Meeting" has been Added The Brown Act did not previously define "meeting." The amendments add a definition which follows the law developed by the courts and the Attorney General. (Gov.Code § 54952.2.) A "meeting" includes: a. Any congregation of a majority of the members in the same place and at the same time to "hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction" of the Council; **Although these committees consist of less than a quorum of councilmembers, they also include other persons and, thus, do not come within the exception. r'rcc.1LOF2 TO: City Council FROM: Elizabeth H. Silver RE: Amendments to Brown Act DATE: March 7, 1994 PAGE: 4 b. Any use of direct communication, personal intermediaries, or technological devices employed by a majority to develop a "collective concurrence as to action to be taken" by members of the Council. A "meeting" does not include: a. Individual conversations with any other person; b. Attendance of a majority of the councilmembers at a conference or similar public gathering that involves discussion of issues of general interest to the public or to public agencies like the City [e.g., League of California Cities conferences], provided there is no discussion among Councilmembers of business of a specific nature within their subject matter jurisdiction; c. Attendance of a majority of the Councilmembers at an open, publicized meeting organized to address a topic of local community concern by a group other than the City [e.g., a debate sponsored by the League of Women Voters or Chamber of Commerce], with the same proviso as above; and d. Attendance of a majority of the Councilmembers at a social or ceremonial occasion, with the same proviso as above. Practical Impact This section codifies what has generally been considered to be a "meeting." In particular, this section makes it clear that a "seriatim" meeting is a violation of the Brown Act. 4. No Action May be Taken by Secret Ballot The Brown Act did not previously specifically prohibit secret ballots. Section 54953 has been amended to specifically prohibit action by secret ballot, whether preliminary or final. 5. Meetings May be Recorded and Broadcast The public may record and/or broadcast Council meetings unless the Council finds that the recording or broadcasting will disrupt the meeting. (Gov.Code §§ 54953.5, 54953.6.) {!i&c OF TO: City Council FROM: Elizabeth H. Silver RE: Amendments to Brown Act DATE: March 7, 1994 PAGE: 5 The audio tapes of meetings made by the City Clerk must be retained for 30 days before being erased. (Gov.Code S 54953.5.) 6. Meetings Must be Held Within the City Except in Limited Situations The Brown Act now specifies that meetings must be held within the territory of the City. Meetings may be held outside the territory of the City in certain situations which may be applicable to the City: a. To inspect real or personal property; b. To participate in meetings of multiagency significance; c. To meet with Federal or State official to discuss legislative or regulatory issues affecting the City; and d. To meet in a safe location due to fire, flood, earthquake or other emergency, provided notice is given to the local media as rapidly as possible. 7. The Amendments Provide Clarification Regarding the Agenda and Discussion of Items Not on the Agenda The amendments clarify that the "brief general description" of items on the agenda need not exceed 20 words. Items to be discussed in closed session must be described and the amendments provide the format which may be used. (Gov.Code §§ 54954.2, 54954.5.) The amendments clarify that, before voting to place a non- agenda item on the agenda, the Council must identify the item. As before, in order to place a new item on the agenda, the Council must vote that an emergency exists (e.g., a strike, fire, earthquake) or that there is an immediate need to take action and the need came to the Council's attention after the agenda was posted. The amendments also clarify that when a non-agenda item is raised by a member of the public, Council members may briefly respond, may ask questions for clarification and may refer the OF TO: City Council FROM: Elizabeth H. Silver RE: Amendments to Brown Act DATE: March 7, 1994 PAGE: 6 matter to staff. Councilmembers can also direct staff to place a matter on a future agenda. (Gov.Code § 54954.2.) Finally, the amendments require the notice of a special meeting to include a time for the public to address the Council concerning the items on the agenda prior to the Council taking action. (Gov.Code § 54954.3.) Practical Impact The description of closed session items on the agenda should follow the format in § 54954.5. This will require slight modification to the existing agenda format. The agenda should include an item for councilmember and staff informational reports. Any reports of an informational nature can be given at that time. Any report requiring council action would have to be listed separately on the agenda. The notice and agenda for special meetings must include a time for the public to address the Council regarding the items to be considered. 8. The Amendments Clarify the Notice and Hearing Requirements for Imposing or Increasing Taxes or Assessments The Brown Act was amended in 1992 to require notice by publication or mail and a public meeting and public hearing before imposing or increasing a general tax or special assessment. The Act has been amended (SB 376 (Bergeson), Stats. 1993, ch. 1194) to clarify these requirements. In particular, the notice provisions are not applicable to an ongoing annual assessment if it is imposed at the same or lower amount as the previous year or the assessment does not exceed an assessment formula previously approved by the voters. 9. The Amendments Clarify the Circumstances Justifying a Closed Session to Discuss Potential Litigation Against the City As before, the Council may meet in closed session with its legal counsel in three situations: (1) to discuss pending litigation, (2) where there is a significant exposure to litigation against the City due to "existing facts and circumstances", and (3) to discuss whether to initiate litigation. (Gov.Code S 54956.9.) FACE.A.OF TO: City Council FROM: Elizabeth H. Silver RE: Amendments to Brown Act DATE: March 7, 1994 PAGE: 7 The amendments specify what constitutes "existing facts and circumstances" which must be present in order to hold a closed session to discuss potential litigation against the City. The City's legal counsel must determine that there are "existing facts and circumstances," as specified in the statute. These include statements threatening litigation made in a public meeting or elsewhere; claims filed under the Tort Claims Act; "facts and circumstances" which might result in litigation against the City which are not know to a potential plaintiff, in which case the "facts and circumstances" need not be disclosed; and "facts and circumstances," such as an accident, disaster, or transaction which might result in litigation against the City which are known, in which case the agenda must include the "facts and circumstances". Practical Impact The format for listing closed sessions for litigation or potential litigation will be adjusted to conform to the amendments. 10. Closed Sessions for Personnel Matters and Labor Negotiations May be Held But Discussion of the Availability of Funds is Prohibited The Council may still meet in closed session to consider the appointment, employment, evaluation or performance or dismissal of an employee or to hear complaints or charges brought against an employee. The definition of "employee" has been revised to include an officer or an independent contractor who functions as an officer or employee. It does not include elected officials. The amendments appear to authorize discussion of an individual's compensation. (Gov. Code §§ 54957.1.) Likewise, the Council may still meet in closed session with its representatives to discuss employees' compensation. The amendments specify, however, that closed sessions for personnel or labor negotiations "shall not include discussions of a local agency's available funds, funding priorities, or budget." (Gov. Code §§ 54957, 54957.6.) OF TO: City Council FROM: Elizabeth H. Silver RE: Amendments to Brown Act DATE: March 7, 1994 PAGE: 8 11. The Council Must Report Actions Taken in Closed Sessions Under prior law, the Council was only required to report actions taken in closed session to appoint, employ or dismiss a public employee. The amendments now require that virtually all actions taken in closed session be reported and the vote thereon. When the Council meets in closed session to discuss initiating litigation, for example, the Council must report that approval was given and the particulars must be disclosed once the action is filed. If the Council approves a settlement of a pending action, it must report the substance of the agreement or, if final approval rests with the other party, the fact of approval and the substance must be disclosed to any person making inquiry. Copies of documents finally approved in closed session must be provided at the end of the closed session to persons who have made a request therefor and are present unless substantive amendments to the documents were made. The report must be made orally or in writing following the closed session. (Gov.Code § 54957.7.) Practical Impact The Council will need to reconvene in open session following all closed sessions and report any actions taken and the vote taken. My suggestion is that this be done orally and in written form. Attachment 3 is a form which may be used to record closed session actions. The agenda should include a new category following any closed sessions for "report on closed session actions taken." 12. Staff Reports and other Documents Distributed to the Council Must be Available for Inspection at the Meeting The amendments clarify that the agenda and any other writings distributed to the Council by any person at a public meeting are public records, unless otherwise exempt from disclosure pursuant to the Public Records Act, and must be available for public inspection at the meeting (or after the meeting if the documents was not prepared by staff). (Gov.Code § 54957.5.) Se_.. Z(P /\ r^ TO: City Council FROM: Elizabeth H. Silver RE: Amendments to Brown Act DATE: March 7, 1994 PAGE: 9 13. Violation of the Brown Act Requires Wrongful Intent The amendments specify that it is a misdemeanor to attend a meeting where action is taken in violation of the Act with "wrongful intent to deprive the public of information to which it is entitled" under the Act. (Gov.Code § 54959.) Prior law required knowledge of the fact that the meeting was in violation of the Act. 14. The District Attorney Mav Bring an Action to Determine an Action is Null and Void Because of Violation of the Act The amendments clarify that the District Attorney may bring an action to determine that an action taken by a legislative body is null and void because of violation of the Brown Act. Demand must first be made to correct the alleged violation. If a violation of the closed meeting requirements is found, the Court may order the legislative body to tape record its closed sessions. (Gov.Code §§ 54960, 54960.1.) Very truly yours, MEYERS, NAVE, RIBACK, SILVER &WILSON LMteteA Elizabeth H. Silver EHS:jde 114\memo\mar94\city MEYERS, NAVE, RIBACK, SILVER &WILSON MICHAEL R.NAVE A PROFESSIONAL TAW CORPORATION PENINSULA OFFICE T.MEYERS 1220 HOWARD AVE.SUITE 250 ELIZABETH H.SILVER GATEWAY PLAZA 1 MICHAEL S.RIBACK 777 DAVIS STREET.SUITE 300 TELEPHONE:MI5)0 BURLINGAME,CA 94010r21 10-025 0 KENNETH A.WILSON SAN LEANDRO,CALIFORNIA 94577 FACSIMILE(415)348-713 CLIFFORD F CAMPBELL TELEPHONE:(510)351-4300 MICHAEL F.RODRIOUEZ FACSIMILE:(510)351-44151 KATHLEEN FAUBION,AICP SANTA ROSA OFFICE WENDY A.ROBERTS DAVID W.SKINNER 555 FIFTH STREET.SUITE 230 STEVEN T.I JARVIS SANTA ROSA.CA 95401 V TELEPHONE:(707)545-8009 VERONICA A A..F.F NEBB FACSIMILE:(701)545E617 OF COUNSEL REPLY T0: ANDREA J.SALTZMAN BROWN ACT 1993 AMENDMENTS INTRODUCTION In the 1993 Legislative Session, three bills were passed containing amendments to the Brown Act, AB 1426 (Burton), SB 36 (Rolm) and SB 1140 (Calderon) . The bills have been signed by the Governor and will become effective April 1, 1994. This legislation consists of a watered down version of Senator Kopp's SB 1538 which was passed by the Legislature and vetoed by the Governor last year, an identical bill by Assembly Member Burton, and a bill by Senator Calderon that was sponsored by local government. BROWN ACT AMENDMENTS 1. Changed Definition of "Legislative Body". SB 1140 provides rprovides a new definition of "legislative body", deleting p that were confusing and contradictory, as to who is covered by the Brown Act. Under the new definition "legislative body" means: (a) The governing body of a local agency or any other local body created by state or federal statute. (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 F Lk- pr_E 0 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) A board, commission, committee, or other multimember body that governs a private corporation or entity that either: (1) 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. (2) 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 by the legislative body of the local agency. (§ 54952.) 2. Definition of Member of Legislative Body. The definition of "member of a legislative body of a local agency" is expanded to include persons who have been elected but not yet assumed the duties of office. These persons are individually liable for violation of the Brown Act prior to assuming office. (§ 54952.) 3. Definition of "Meeting" Includes All of the Following: (a) 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 of the local agency to which it pertains. (b) 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. Meetings do not include: (1) Individual contacts or conversations between a member of a legislative body and any other person; -2- PACE or AP (2) Individual attendance of a board majority at conferences that are open to the public, involving a discussion of general interest to the public or public agencies of that agency's type, provided that the majority does not discuss local agency business among themselves; (3) Attendance of a majority at a publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that the majority does not discuss business by themselves; or (4) Attendance of a majority at a purely social or ceremonial occasion, providing that no business is discussed. (S 54952.2.) 4. Video Teleconferencing. The provisions of the Brown Act permitting video teleconferencing for receipt of public comment or testimony and legislative body deliberations are now in effect indefinitely. (S 54953(b) .) 5. Secret Ballot. No legislative body shall take action by secret ballot, preliminary or final. (S 54953(c) .) 6. Recording and Broadcasting of Meetings. The Act now allows recording of meetings by still or motion picture camera in addition to audio or video recording, in the absence of a reasonable finding that the recording constitutes a persistent disruption of the proceedings. Any recording made at the discretion of the local public agency becomes a public record and may not be destroyed for 30 days after the recording, and is subject to public inspection. The new law also provides that a legislative body may not prohibit or otherwise restrict broadcast of its proceedings unless it reasonably finds that the broadcast cannot be accomplished without noise, illumination, or obstruction of view that would constitute a continuous disruption of the proceedings. (SS 54953.5, 54953.6.) 7. Location for Meetings. To properly provide for regular meetings, legislative bodies must now provide the time AND PLACE by resolution, by-laws or other rule. The new law adds a provision requiring that meetings of the "legislative body" be held within the territory of the local agency except that meetings may be outside the local agency: (a) To meet requirements of state or federal law; -3- PA E OF' (b) To inspect real or personal property which cannot be conveniently brought to the local agency; (c) To participate in meetings or discussions of multi- agency significance held within the jurisdiction of one of the participating local agencies and open and noticed by all participating local agencies as required by the Brown Act; (d) To meet in the closest meeting facility if none is available inside the local agency boundaries or at the principal office of the local agency if located outside its boundaries; (e) To meet with elected or appointed officials of the United States or the State of California where a local meeting would be impractical, solely to discuss legislative or regulatory issues affecting the local agency. A report of the substance and outcome of the meeting must be given at the next regular or special meeting held in the local agency; (f) Meetings at a facility owned by the local agency where the topic of the meeting is limited to items directly related to the facility; and, (g) To hold a closed session at the office of legal counsel on pending litigation, if the meeting reduces legal costs, and if the meeting is noticed as a special meeting. A joint powers authority ordinarily must meet within the territory of one member agency, but if members are from throughout the state, it can meet anywhere in the state. If an emergency makes it unsafe for a legislative body to meet at the regular place, the presiding officer may designate a place and notify local media by the most rapid means available. (§ 54954.) 8. Accessibility of Meeting Facilities: Public Disclosure of Victim of Abuse. The legislative body may not meet in a facility that prohibits.admittance of any person on the basis of race, religious creed, color, national origin, ancestry, or sex, or which is inaccessible to disabled persons, or when members of the public may not be present without making a purchase. No notice, agenda, announcement or report required under the Act need identify a victim or alleged victim of sexual or child abuse unless the identity of the person has been publicly disclosed. (§ 54961.) -4- 9. New Requirements for Notices of Meetings. The degree of specificity in the description required of items listed on agendas is now codified and requires a brief general description of each item of business to be transacted or discussed, which need not exceed 20 words. (§ 54954.2.) 10. Opportunity For Public Input. Agendas of special meetings, at which action is proposed to be taken are required by statute to provide an opportunity for members of the public to directly address that item prior to action being taken. This section further clarifies that the public has a constitutionally protected right to address the legislative body through criticism of the "policies, procedures, programs or services of the agency", regardless whether it implicates the performance of one or more of its employees. (§ 54954.3.) 11. Reasons for Closed sessions. Under existing law, prior to or after holding a closed session, the legislative body must state the general reason or reasons for the closed session. The new law requires that the statement be made prior to holding the closed session and may refer to that agenda. The new legislation further provides for convening of an open session after a closed session solely for the purpose of making the announcement required by law. If the closed session is held at a different place, the announcements may be made if the location is announced on the agenda and the public is allowed to be present to hear the announcements. (§ 54957.7.) 12. Closed Session Agenda Requirements. Closed session meetings must be included on a posted agenda. The new law recommends but does not require the information that should be described on a posted agenda. If the recommended information is included there is not a violation of the "brief general description" requirements of § 54954.2. (§ 54954.5.) 13. Closed Sessions For Litigation. The new law also defines the "existing facts and circumstances" that justify a closed session based on significant exposure to litigation. A closed session may be held when: (a) Facts and circumstances exist that might result in litigation against the local agency but are not yet known to a potential plaintiff or plaintiffs which are not required to be disclosed; (b) Facts and circumstances exist, including but not limited to an accident, incident, or transaction that -5- nr 2" F},_... or • might result in litigation against the local agency and that are known to a potential plaintiff or plaintiffs, provided that the facts and circumstances are specified publicly prior to the closed session; (c) A claim or other written communication has been received threatening litigation, provided the claim or communication must be available for public inspection; (d) A statement is made in open and public meeting threatening litigation; or (e) The statement is made outside an open and public meeting, but the official or employee receiving the threat has made an extemporaneous record of the communication that is available for public inspection. Prior to a closed session for litigation, the legislative body must state on the agenda, or announce the subdivision of Section 54956.9 that authorizes the closed session. (S 54956.9.) 14. Closed Sessions For Personnel. The new law provides that a closed session may not be held on complaints or charges to consider disciplinary action or dismissal of an employee Unless the employee is given written notice of the right to have a public hearing rather than a closed session. The notice must be delivered to the employee personally or by mail at least 24 hours before the time of holding the session. If the notice is not given, disciplinary action taken against the employee in the closed session is null and void. The term "employee" is now defined to include an officer or an independent contractor who functions as an officer, but does not include an elected official, member of a legislative body or other independent contractors. Discussions of available funds, funding priorities or budget is prohibited in personnel closed sessions under the new law. (5 54957.) 15. Reports of Closed Sessions. The amendments require reports after virtually every kind of closed session. A public report must be made of any action taken in closed session and the vote or abstention of every member present, specifically, with the following information: • Real Property Negotiations. If the agreement becomes final by approval of the legislative body, that approval and the substance of the agreement must be -6- PAGE OF 22 r'N /^ reported in open session at the meeting at which the closed session is held. If final approval rests with the other party, the fact of that approval and the substance of the agreement shall be disclosed upon inquiry by any person, as soon as the other party or its agent informs the local agency of its approval. • Pending Litigation. (a) Approval given to the legislative body's legal counsel in closed session, to defend, or seek or refrain from seeking appellate review or relief or to enter as an amicus curiae in any litigation must be reported in open session, identifying the adverse parties and the substance of the litigation. (b) If approval is given in closed session to initiate or intervene in an action, the report need only specify that the direction to initiate or intervene has been given and that the action, the defendants and the other particulars shall be disclosed to any person upon inquiry, once formally commenced, unless to do so would jeopardize the agency's ability to effect service of process on one or more of the parties, or jeopardize its ability to conclude existing settlement negotiations to its advantage. (c) Approval given in closed session to legal counsel, of a settlement of pending litigation, at any stage prior to or during a proceeding, shall be reported after the settlement is final, as specified below: (1) If the acceptance of an offer finalizing a settlement is given by the legislative body, it 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. (2) If final approval rests with another party, or with the court, then as soon as the settlement becomes final, the local agency shall disclose the fact of that approval and identify the substance of the agreement to any person inquiring about the matter. • Disposition of Claims By Joint Powers Insurance Agencies Or Members Thereof. Disposition of claims -7- fi:Gc.:_._- of r"\ /1 reached in closed session shall be reported immediately in a manner that identifies the name of claimant, name of the local agency claimed against, the substance of the claim and any monetary amount approved for payment and agreed to by the claimant. • Personnel Meeting. Action taken in closed session to appoint, employ, dismiss, accept the resignation of or otherwise affect the employment status of a public employee, shall be reported at the public meeting during which the closed session is held. The report shall identify the title of the position, and specify any change in compensation. The report of a dismissal or non-renewal of an employment contract shall be deferred until the first meeting following the employee's exhaustion of administrative remedies, if any. • Labor Negotiations. Approval of an agreement concluding labor negotiations 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. Required reports may be oral or written. Copies of any contract, settlement agreement or other documents finally approved in closed session must be provided at the end of the closed session to (1) a person who has made a written request within 24 hours of the posting of the agenda, or (2) who has made a standing request for notice of meeting under Section 54954.1 or 54956. Such person must be present at the time the closed session ends. The legislative body must provide such documents on the next business day to any other person. However, if the documents require retyping they need not be released until retyping is completed, provided the presiding officer of the legislative body, or designee, summarizes the substance of the amendments for the benefit of the document requestor or any other person present at the end of the closed session who requests that information. This amendment prohibits employees from commencing any action against the local agency because of a disclosure made by a legislative body in an effort to comply with this section. (§ 54957.1.) 16. Distributed Materials as Public Records. Under the existing law, writings distributed to all or a majority of the -8- members of a legislative body, by a member, officer or employee of such body for consideration at a public meeting, are public records. The new law makes such writings distributed by any person public records, and must be made available for inspection and copying "without delay". Writings distributed for closed session are exempt from public disclosure if otherwise exempt under the Public Records Act. If writings are distributed during a meeting, they must be available for public inspection immediately if prepared by the local agency, or after the meeting if prepared by some other person. Ordinary copying fees may be charged for these public records. (S 54957.5.) 17. Violations of the Brown Act. The new law provides that a member who attends a meeting where action is taken in violation of the Brown Act with wrongful intent to deprive the public of information to which it is entitled, is guilty of a misdemeanor. The old language of this Section required knowledge of the fact that the meeting was in violation. (S 54959.) 18. Enforcement of Brown Act. Under existing law, the district attorney is not expressly permitted to commence an action to determine that an action is null and void because of violation of the Brown Act. The new law allows the district attorney to bring such an action. It provides that demand must be made to correct the alleged violation within thirty days from the date the action was taken, except that if the alleged violation occurred in a closed session, demand must be made within ninety days (increased from thirty days). If violations of the closed meeting requirements of the Brown Act are found a court can order the local agency to tape record its closed sessions. (§ 54960, § 54960.1.) For further information concerning these amendments to the Brown Act, contact Michael S. Riback at (510) 351-4300. atty\msr\Brown.Act -9- P' OF