Loading...
HomeMy WebLinkAboutAgenda Packet - LB - 2002.02.19 URLINGA.ME PUBLIC LIBRARY JONG Board of Trustees Agenda February 19th — 4.30pm 480 Primrose Road - Board Room SUGGESTED ACTION 1.yrCALL TO ORDER 2.,AOLL CALL 3. -JARRANTS & SPECIAL FUND Approval 4. MINUTES Approval 5. CORRESPONDENCE AND ATTACHMENTS Information a. Duncan Trust Statement b. Article: Patriot Act / c. Peninsula Community Foundation d. Letter: Food Donation e. CLA/PLF Information f. Statistics: November/December g. Brown Act Information h. Easton Survey v✓ i. Legislation: PLF Saved �-j. Elegant Affair k. Flag Pole 6. FROM THE FLOOR (Public Comments) 7. REPORTS Information a. ity Librarian's Report -Escoffier b.v$ystem Advisory Report-Agendize Appointment c.,,Foundation Report - Dunbar rtVW 8. UNFINISHED BUSINESS tl Duncan Trust Status (Attachment 5a.) Discussion/Information 9. NEW BUSINESS a. Elegant Affair Fundraiser- Library Closure (Attachment 5j) Discussion V15. Patriot Act Information-City Attorney (Attachment 5b.) Information, ✓e! Flag Pole Gift-Acceptance (Attachment 5k.) Action :'Budget Report-Escoffier ---- - Information j: Strategic Planning Proposal Funding- Duncan/Special Fund Action f. Business Card Order Action �iu'. Announcements 11. Adjournment Adjourn &IRLIfiGAME 1 B U R L I N G A M f PUBLIC LIBRARY Burlingame Public Library Board of Trustees Minutes January 15, 2002 I. Call to Order The meeting of January 15, 2002 was called to order by President, Mary Herman, at 4:30 pm. II. Roll Call Trustees Present: Cecile Coar, Jane Dunbar, Mary Herman, Catherine McCormack Trustee Absent: Andrew Gurthet Staff Present: Alfred Escoffier, City Librarian Sidney Poland, Recorder City Representation: Larry Anderson, City Attorney Public Representation: Paul Constantino III. Warrants and Special Funds Trustees unanimously agreed to approve the warrants as presented. M/S/C (McCormack/Coar) IV. Minutes A. The Trustees unanimously agreed to approve the minutes of the December 11, 2001 meeting. M/S/C (Coar/McCormack) B. The Trustees unanimously agreed to approve the minutes of the December 17, 2001 meeting. M/S/C (Coar/Herman) 4 8 0 P r i m r o s e Road Burl i n g a m e • C A 9 4 0 1 0 - 4 0 8 3 Phone ( 650 ) 342 - 1038 * Fax ( 650 ) 342 - 1948 • www . pls . Iib . ca . us / pls / pls . htmi VIII. Unfinished Business A. Khe Sanh Library in Viet Nam - President Herman called for a motion to change the agenda and move Mr. Constantino's presentation to the next item of business. M/S/C (McCormack/Dunbar) 1. Mr. Constantino again presented his request to the Trustees to find a way to provide some type of assistance to the library that Global Community Services Project is planning to build in Khe Sanh, Viet Nam. 2. President Herman advised Mr. Constantino that the Trustees have agreed to give him the option of selecting appropriate reading materials from the books discharged from the Library's collection. 3. Mr. Constantino was also provided with information from the American Library Association on sister library partnerships. 4. Trustee Dunbar suggested that Mr. Constantino inquire as to the IRS standing of Global Community Services Projects. V. Correspondence - Correspondence mailed in the packets was `- reviewed. A. Oracle Gift Article - Oracle Corporation awarded a $300,000 grant to San Mateo Public Library Foundation for a new children's library program known as Project Explore. Trustee Dunbar wants to obtain more information on Oracle's grant policy and present her findings to the Foundation Board. VI. From the Floor Mr. Constantino's presentation was moved to the first part of the agenda. VII. Reports A. City Librarian's Report - Al Escoffier, the City Librarian, reviewed his report highlighting the following issues. 1. Easton Branch Renovation Project Status - The Planning Committee recently met with the Architect Hal Brandes and consultant Kathy Page to review both exterior and interior ideas for the renovation. Library Board of Trustee Minutes 2 January 15,2002 2. New Security System - The City has selected Security Solutions as the vendor to set up a central security system for all City buildings. The Library will be the first site to have the security system installed. Each employee will have a key that will also serve as an official City of Burlingame identification card. 3. Outreach Coordinator - Dan Alvarez has been appointed as the Library Outreach coordinator. A 10-hour a week assistant will soon be hired to assist Dan. B. Foundation Report - Dunbar 1. Treasurer - Mary Blythe has joined the Foundation Board and will serve as Treasurer of the organization. 2. Elegant Affair 2002 - A definite date for the Elegant Affair has not been set. However, it will be held on a Friday night beginning around 7:00pm. When the date is definite, the Foundation will request permission from the Trustees to close the Library early. VIII. Unfinished Business A. Library of Vietnam - Moved to beginning of agenda. B. Easton Status- Update discussed in City Librarian's Report. IX. New Business A. Lions Gift Acknowledgement- Trustee Herman and City Librarian, Al Escoffier, attended the Lions meeting in December. President Jack Van Etten presented the Lions wish to give a new flag pole to the newly renovated Easton Branch Library. The acceptance of this donation will be on the agenda for the next meeting. The Lions will write to the Trustees requesting that the "Lions Den" concept at the Easton Branch be preserved. B. CALTAC Membership - The Trustees unanimously agreed to join CALTAC. M/S/C (Dunbar/Coar) X. Announcements A. Gladysz Case - Larry Anderson, City Attorney, advised the Trustees on the final settlement of the City of Burlingame's civil suit against Judy Gladysz. B. Legislative Day- Legislative Day, organized by Linda Crowe Systems Director of Bay Area Library & Information System, will be held February 1, 2002 at Congressman Lantos Office. May 6th and 7th, Legislative Day will be held in Sacramento. Library Board of Trustee Minutes 3 January 15, 2002 C. Library Trustees Service Survey - The City Librarian will review and provide Trustees with suggestions. D. Duncan Trust - The City Librarian provided the Trustees with written information regarding the status of the fund. The Trustees requested that the Duncan Trust be an agenda item for the next meeting. XI. Adjournment The meeting was adjourned at 5:45pm. M/S/C (McCormack/Coar) The next meeting of the Library Board of Trustees is scheduled for February 19, 2002 at 4:30pm in the Library Conference Room. Respectfully Submitted Alfred H. Escoffier City Librarian Library Board of Trustee Minutes 4 January 15,2002 Duncan Trust Fund January 14, 2002 (Questions Regarding the Status of the Fund: 1) What is the Endowment Pool? The Endowment Pool is a group of investment managers, hired by the Foundation Investment Committee to manage the assets of the Peninsula Community Foundation. 2) How are the investments distributed in the markets? As of this date the investments are: 35% Fixed Income assets and 65% Equity investments. 3) How is the Equity Investment allocated? The Equity Investments are allocated as follows: Large Cap 40% Small Cap 6% Venture 10% International 10% 4) What is the Duncan Trust balance to date? The 4th quarter of 2001 had better results. The two-month gain was: $ 37,698. The current balance is: $ 949,102. From Vera Bennett, PCF, January 14, 2002 r }� peninsula COt7 munity foundation November 7, 2001 Board of Directors Mr. Alfred H. Escoffier Gord-n Russell,Chair Burlingame Public Library Thor,as E.Bailard Patricia Bresee 480 Primrose Road John H.Clinton,Jr. Burlingame, CA 94010-4083 Bernadine Chuck Fong, Ph.D. Susa-:Ford Char es 'Chip' Huggins Dear Al: Olivia G.Martinez,Ed.D. Linda R. Meier Fall is here. Along with the passing of the autumnal equinox comes your third Kare V.H.Olson quarter fund statement and a season of philanthropy perhaps unlike any before inNancjJ.Pedot William L.Schwartz,M.D. our great country. Donald H.Seiler Warren E. "Ned" Spieker,Jr. I hope by now you have received, under separate cover, our newly published 1999- Board Emeritus 2000 Annual Report entitled, "Portfolios of Promise: Passion for Potential Marjorie Bolton Fulfilled." On page 69 you'll find a photograph of the amazing group of people who T. lack Foster,Jr. l Hinchliffe staff Peninsula Community Foundation. I would not ordinarily call attention to my 1�A.(Thomas M.Jenkins colleagues; indeed, the Foundation's success in fulfilling our community's potential Charles B.Johnson Robert C. Kirkwood has come from consistent) keeping the focus squarely on "donors and doers." Yet William Wilson III this photo will always have special meaning to me because it was taken at 10:00 a.m. Rosemary Young on September 11, 2001. Committee Advisors Richard L.Bennett Amidst shock and disbelief, followed later by horror, grief and anger, this was the Elizabeth Obershaw only moment that day any of us was able to senile. By day's end, our team had done Marcia R.Wythes what we know how to do best: create a relief fund as a vehicle for our donors to Of Counsel respond. As I write, more than 400 donors have contributed $1,064,174.27, to join Albert J. Horn,Esq. the gifts of concerned citizens around the globe. President Sterling K. Speirn Two weeks ago in Vancouver, British Columbia, I gave a plenary speech to the annual conference of community foundations from throughout the United States, Canada, Europe, and from countries as far away as Australia. The spirit of solidarity in the room was palpable. If charity begins at home, I thought, then surely philanthropy thrives in community. An accident of history-the fact that the first community foundation was established in 1.914 in Cleveland—and the words of one of our greatest Presidents offered the perfect context for hope. I explained that it was four score and seven years ago that our forefathers brought forth on this continent a new notion, conceived in philanthropy, and dedicated to'the proposition that all connnuinities are created benevolent. Peninsula Community Foundation TEL 650.358.9369 1700 South EI Camino Real, Suite,300 Fnx 650.358.9817 San Mateo, California 94402-3049 WES www.pcf.org And here on the Peninsula and in Silicon Valley, we have ample proof that this tradition is alive — is indeed, thriving. Next month, thanks to the extraordinary generosity of PCF donors and local foundations, a brand new community health center and nonprofit campus will open its doors to serve the residents of East Palo Alto. In one of the largest grants in our history, the Foundation issued a check for $1,8 million to pay for the initial phases of this remarkable new community resource. Throughout the "Portfolios of Promise"you'll find equally remarkable stories. Lives have been touched, children nurtured, families strengthened, communities built,wounds healed, dreams realized. With your tremendous support, we are practicing the simplest acts of kindness while at the same time tackling big issues like poverty (Assets for All Alliance), literacy(Raising a Reader®), community (One East Palo Alto), and the capacity of our leading charitable corporations to achieve their mission (Organizational Capacity Grants Initiative). As part of our ongoing efforts to connect donors with causes they care about, our Center for Venture Philanthropy recently launched it third annual Venture Van series—with an amphibian twist. Forty donors, along with PCF Board, staff, and experts from the California Academy of Sciences, Peninsula Open Space Trust, Save the Bay, the Audubon Society of Santa Clara County, and Environmental Volunteers, paddled out toward Bair Island from the shores of the Marine Science Institute in Redwood Shores on a beautiful October morning. The local experts provided historical and scientific background on the restoration work of our great local treasures—the marshlands and the San Francisco Bay. We know from talking with our nonprofit partners that there is concern that the economic l downturn, followed by the events of September 11, have created an environment of increased �•/ demand for nonprofit services at a time when the resources to support charitable organizations may be constrained. To navigate this new terrain, the Foundation is co-sponsoring with local � foundations and corporations a conference entitled "Leadership in Uncertain Times: A Silicon Valley Forum."The event will be hosted by the Center for Excellence in Nonprofits on Friday, November 16 at National Semiconductor in Sunnyvale. To address potential funding stresses on local nonprofits we're asking you to partner with us to help build our Community Fund this ,year. The Fund will enable us to have resources at the ` ready when nonprofits turn to us for support. With your help, the Foundation will stand prepared to provide extra support for charitable organizations striving to maintain critical services. A grant recommendation form is enclosed. On behalf of our Board of Directors and staff, I thank you, our donors, and I salute our nonprofit leaders and practitioners, the doers. It is a privilege and an honor to work in such a charitable community, and we look to the challenges in the weeks and months and year ahead with confidence, resolve, and hope. SincerelyV-1in ini enclosures Peninsula Community Foundation TEL 650.358.9369 1700 South EI Camino Real,Suite 300 vnx 650.358.9817 San Mateo, California 94402-3049 WES www.pcf.org Peninsula Community Foundation 1012 Roger and Jean Hunt Duncan Fund peninsula Fund Activity Statement CC 't unit/foundation July 1,2001 through September 30,2001 Prepared for: Mr. Alfred H. Escoffier Burlingame Public Library 480 Primrose Road Burlingame, CA 94010-4083 Fund Activity Q-T-D Y-T-D Beginning Balance $ 975,818.86 $ 995,286.90 Contributions 0.00 0.00 Investment Income 5,447.40 16,850.42 Gain/Loss on Gifted Securities 0.00 0.00 Gain/Loss on Investments (62,901.99) (91,326.84) Interfund Contributions 0.00 0.00 Other Income 0.00 0.00 Grants (8,000.00) (8,000.00) Interfund Grants 0.00 0.00 Administration Fees (1,210.10) (3,656.31) Other Expenses 0.00 0.00 Ending Balance $ 909,154.17 $ 909,154.17 Grants Payable $0.00 Balance Available for Grants $230,075.03 Investment Allocation Asset Allocation Per Agreement: Endowment Pool 100.00% Comments Year-end is fast approaching. This is a friendly reminder to please send your grant recommendations to the Foundation by December 14th, so we can ensure your favorite charities receive their gifts by December 31st. Thank you. As always, if you have any questions regarding your statement, please call Kara Coyle, Controller, or Vera Bennett, President of Finance and Administration, at 650.358.9369. Peninsula Community Foundation 1012 Roger and Jean Hunt Duncan Fund peninsula Fund Activity Statement CC munity foundation July 1, 2001 through September 30, 2001 M Date Grantee Amount 08/29/2001 Burlingame Public Library (8,000.00) .-denotes a void/refund (8,000.00) #-denotes a canceled payment /?r RLI Lit California Libraries December 2001 A publication of the California Library Association Vol. 11 No. 11 The USA PATRIOT Act and Patron Privacy on Library Internet Terminals ithin hours after the September 11 not analogous to phone numbers, but far attacks, the FBI began serving more revealing. search warrants to major Internet Much of the Act expands the Foreign Service Providers to get information about Intelligence Surveillance Act (FISA), in r suspected electronic communications. which the standards for courts to approve sur- Within a week, police and FBI agents veillance of foreign intelligence gathering are far received tips that some suspects used less demanding than those required for libraries in Hollywood Beach and Delray approval of a criminal wiretap, which Beach, Florida. FBI agents have since requires a showing of probable cause. requested computer sign-in lists from other libraries. President Bush signed the USA What does the USA PATRIOT Act mean ""TRIOT Act into law on October 26, 2001. for libraries? law is expected to greatly increase the The upshot is that there will be a great Mary Minow is a library umber of requests for sign-in lists at many more surveillance orders, everywhere law consultant with libraries. in the country, and in turn there will be librarylaw.com. She is more requests for library records, including currently writing a book on What is the USA PATRIOT Act? Internet use records.Think of law enforce- library law for the American The USA PATRIOT Act stands for the ment as needing to enter two doors to Library Association with Uniting and Strengthening America by apprehend a suspect. Tomas Lipinski. Providing Appropriate Tools Required to Door One leads to the computer server. Intercept and Obstruct Terrorism Act of 2001. Law enforcement can find electronic tracks The legislation is broad and changes immi- through email or Internet history logs. They gration laws, tightens controls on money may have intercepted messages through laundering, and greatly expands the legal surveillance or other means. This leads to a use of electronic surveillance. particular computer terminal, date and It greatly expands the use of"roving time. wiretaps."This means that a wiretap order Door Two leads to the individual. This targeted to a person is no longer confined person could be someone using the Internet to a particular computer or telephone. in a library, particularly someone who wish- Instead, it may"rove" wherever the target es to remain anonymous. The FBI (or oth- goes, which may include library comput- ers) will want to see a library record of who ers. The new law allows a court to issue an was using the library's terminal(s) at a par- order that is valid anywhere in the U.S. ticular date and time. If the library keeps This greatly increases a library's exposure to sign-up records, law enforcement will want court orders. Further, the use of pen/trap to see those records. orders is now "technology neutral" and applies to the Internet as well as tele- Will the FBI (or other law enforcement) phones. Whereas incoming and outgoing ask to put surveillance technology on Contents phone numbers have long been available library computers? upon the mere showing that they are rele- In many cases, the surveillance tech- Inside CLA . . . . . . . . . . .2 l to an ongoing investigation, now email nology will be placed elsewhere, and lead Around California . . 3 / ; fders and URLs visited are available law enforcement directly to Door Two. Annual Report . . . . . . .4-7 under the same low standard. Civil liberties However, it is possible that the FBI will Conference . . . . . . . .8-12 advocates argued that such information is People . . . . . . . . . . . .13 (continued on page 14) Master Calendar . . . . . 16 The USA PATRIOT Act and Patron Privacy (continued from page 1) approach the library and ask to place soft- tion to afford a measure of accountability. Bottom line: Be prepared ware on library servers. Libraries should be Libraries should be aware, however, that the for an increase in FBI and sure to insist on a court order before com- sign-up procedure has considerable privacy other law enforcement plying.Note that libraries that share servers implications. If records are kept, it is best if requests for patron Internet with cities or others may not be directly precise information can be extracted (e.g. sign-up records. Staff should approached. user at Terminal#2 on November 13, 2001 refer requests to the Library at 1 p.m.)without giving out other patron's Director. The Director should Should a library cooperate with the FBI data. review procedures with the (or other law enforcement) in giving Under the California Public Records library's attorney. library Internet sign up lists? Act, the library is not required to create or Yes, but advisedly with a court order. maintain Internet use records, any more This is where the library's individual poli- than numerous other temporary records cies and procedures will become increasing- libraries may keep, such as reference query ly important. Does the library require sign- logs. Once records are created and kept, ups?If there are no sign-up lists, the however, they are subject to court orders, inquiry essentially halts. Does the library and possibly to open records requests. allow first names only, or made-up names? (Remember that it's possible these records Does it require identification?Library cards have the same privacy safeguards as circula- with addresses?Does it keep sign-up tion and registration records described records, and if so, for how long? Does it use above.) an automated system that ties library card Although libraries are not required to cre- numbers (tied to registration information) ate or maintain such records, it is definitely to Internet use? Is such information elec- not advisable to destroy the records after a tronically disengaged after use and electron- law enforcement or public request for dis- ically shredded?Is it backed up on comput- closure. In a case in New Hampshire, a er tapes? How long are backup tapes kept? father requested a school's computer inter- Search warrants are court orders, signed net logs (in this case, the electronic records by a magistrate or a judge. Libraries are of sites visited). He was concerned that the explicitly barred under Calif. Gov't. Code school library's acceptable use policy was §6267 from disclosing patron registration or inadequate. When the school did not turn circulation records, excepting staff adminis- over the logs, the father sued under the trative use, written consent by the patron, state's Right-To-Know law.The county supe- or an order from the appropriate superior rior court ordered the school to turn over court. the logs,with the user names and passwords Whether or not the law protects omitted. In January 2001, however, the Internet use records from disclosure with- Court found that the school had intention- out a court order(this includes search war- ally deleted the logs after the father filed rants) is not entirely clear. Many libraries suit. It found the school to be in contempt consider these records as an extension of of court, and ordered it to produce the registration/circulation records, in that per- remaining records and pay the father his sonally identifying information linking costs and attorney's fees. patron names with content is involved. In addition, local ordinances may Additionally, another section of the law apply. Check with the library's attorney. known as the "personal privacy" exemp- tion, provides that certain types of informa- I read that the USA PATRIOT Act allows tion may be kept confidential by a public federal agents to get court orders for the agency where the disclosure would consti- production of "business records." Does tute an unwarranted invasion of personal that include library records? privacy. Finally, library policies that protect The Act states that the FBI may apply such records, if well drafted, might protect for an order requiring the "production of Internet use records. any tangible things (including books, records, papers, documents and other Should my library use sign-ups for items) for an investigation to protect Internet terminals? If we use sign-up against international terrorism or clandes- records, are they subject to the California tine intelligence activities, provided that Public Records Act, making us at risk if such investigation of a United States person `— we destroy them? is not conducted solely upon the basis of Libraries generally decide on whether activities protected by the first amend- and how to use sign-up procedures based ment..." on the supply and demand of Internet ter- minals. Sometimes libraries want identifica- (continued on page 15) California Libraries • December 2001 14 The USA PATRIOT Act and Patron Privacy (contimied from page 14) ..� This provision is designed to get ISP efforts were largely unsuccessful, due to the records of user billing information. Library tremendous outrage and resistance from patrons who are merely accessing informa- those in the library profession. tion on Internet terminals should have The most important lesson that strong First Amendment arguments. libraries learned was the importance of Nevertheless, it's not clear whether they training the "friendly front desk clerk" and would win. Also, it should be noted that even volunteers not to hand over the infor- this "business records" provision is an mation, but to refer all inquiries, even by amendment of the FISA law, which means badged FBI agents, to the library director. that court proceedings are not open and are sealed. How is the library community respond- ing to the anti-terrorism legislation? I read that a research librarian tipped off The American Library Association the police in Florida. Can I do that, or joined with the Association of Research must I wait for them to come to me? Libraries and the Association of American If you recognize a picture in the news- Law Libraries in issuing a statement on the paper as one of your patrons, that is not proposed anti-terrorism measures. It says divulging a library record. If, on the other that libraries do not monitor information hand, you recognize a suspect's names from sought or read by library users.To the library records, you should definitely check extent that libraries "capture"usage infor- in with your attorney before deciding mation of computer logs, libraries comply whether to call the police. with court orders for law enforcement. In Broward County, Florida, the library The statement is also concerned that was issued an order by a federal grand jury the legislation, which makes it easier to to collect library records when a patron fit- access business records, may in some cases ting the description of Mohamed Atta, an apply to library circulation records. It rec- alleged terrorist leader, was seen using com- ommends that legislators keep high stan- r +ers with Internet access. The order was dard for court order regarding release of �n with specific instructions not to library records. ref ase information to anyone other than federal authorities. Where should libraries go to get guidance Recall that the vast majority of library on FBI search warrants? patrons are not terrorists, and libraries The Freedom to Read Foundation is should make all efforts to protect patron making some legal assistance available to privacy. librarians. Librarians are advised to call the ALA Office for Intellectual Freedom and Wasn't there an FBI program years ago request legal advice from Jenner& Block that sent FBI agents into libraries asking without disclosing the existence of a war- for reading habits of suspicious looking rant. For more details, see the ALA's recent- people? ly issued Alert. USA PATRIOT Act. Yes. The FBI Library Awareness Program Copyright©2001 Mary Minow was a program that ran for about 25 years, minow@stanfordalumni.org in which FBI agents tried to enlist the assis- http://Www.librarylaw.com tance of librarians in monitoring the read- ing habits of"suspicious" individuals. Such Permission to reprint for nonprofit use individuals were variously defined as people is granted.The librarylaw.com column is with Eastern European or Russian-sounding not intended to replace legal advice. For a names or accents, or coming from countries particular fact situation, consult an attor- hostile to the U.S. During the Library ney. A complete copy of this article, with Awareness Program, some FBI agents footnotes, can be found on the CLA web- wrongly claimed that they were not subject site, www.cia-net.org. to statutes protecting library records.The 1 is California Libraries • December 2001 peninsula community foundation January 31, 2002 Mr. Alfred H. Escoffier Burlingame Public Library 480 Primrose Road Burlingame, CA 94010-4083 Dear Mr. Escoffier: I am pleased to present your fund statement for the fourth quarter of 2001. Following its namesake god, Janus, January is certainly a good time to look back and to look forward. Despite the double threat of terrorism and a weakened economy in 2001, our local philanthropic traditions demonstrated amazing resiliency. We distributed grants on behalf of the Foundation and its donors totaling $63.8 million, nearly equal to 2000's record-breaking $64.2 million. We received new gifts totaling$98.2 million, off from last year's unprecedented national record of $230.3 million, and yet very close to 1999's $100.2 million in gifts. And the actual number of both grants (4,736) and gifts (4,788) set new highs in the Foundation's 37`h year. Thanks to your support, we face the challenges of 2002 with strength, hope and commitment. Our Community Fund appeal stimulated tremendous response from donors. We now have more than $537,000 committed to stabilizing our critical charities and safety net agencies as they step up to meet increased service demands in the face of revenue constraints. Thanks to The California Endowment that has provided community foundations and United Ways throughout California with special one-time funds to support agencies providing health and human services, we've added another$100,000 to the Community Fund. We are also collecting survey data from several hundred local agencies in San Mateo and Santa Clara counties to help identify precisely where direct funding assistance is necessary to maintain both quality and quantity of services for local children, families, and individuals. As this year progresses, we will keep you apprised of survey results and responses. We also continue to receive updates from our colleagues at the New York Community Trust and the United Way of New York City. Earlier this month, The September l lth Fund announced new grants of$86.4 million. The total of$154.3 million has now been awarded to help victims, families and Peninsula Community Foundation TEL 650.358.9369 1700 South EI Camino Real, Suite 300 FAx 650.358.9817 San Mateo,California 94402-3049 wee www.pcf.org communities rebuild and recover from the terrorist attacks. Here, too,we want to keep you informed, so please let us know if you would like more detailed information regarding the progress of The September 11"' Fund. You may have seen reports of the Foundation's work in the news lately. The Wall Street Journal published a story on December 27`'detailing the Center for Venture Philanthropy's Venture Van "learning journeys" for donors. And the San Jose Mercury News published an op-ed piece I wrote on January 13"in praise of new and old philanthropy. I enclose a copy of this editorial in case you missed it, and would greatly appreciate hearing your thoughts on this topic. As we begin 2002, I want to express my thanks to the outgoing Chairman of our Board of Directors, Gordon Russell. For the last two years, Gordon has lent the Foundation his passion for philanthropy and his deep commitment to community and helping those in need. I am personally indebted to him for his guidance and care for the work of the Foundation, and he has been a tremendous steward for both our Board and staff. I am also delighted to welcome our incoming board chairman,John H. Clinton,Jr., former publisher of The Times of San Mateo. John is eager to continue the Foundation's tradition of "high-engagement"with our donors and community partners. Last week he hit the ground running as he worked with donors and staff at our second"Strategies in Philanthropy" seminar at the Center for Venture Philanthropy in Menlo Park, and then joined me at a conference for the `./ CEOs and board chairmen of the 40 largest community foundations in the United States. i On behalf of our Board and staff, I thank you for your continued support and wish you and your family a prosperous and stimulating New Year. Sincerely, Ste g peirn President Enc. Peninsula Community Foundation TEL 650.358.9369 1700 South EI Camino Real, Suite 300 FAx 650.358.9817 San Mateo,California 94402-3049 WEB www.pcf.org PAGE 6P SUNDAY, JANUARY 13, 2002 >�11.�OBt,l�CCtlll',��fWB ■ ■ O,pinion The old pUmthropy' a check - sfill works By Sterling Spelm "I guess I'm not a venture phil- anthropist,"she said."But every ,. HERE in Sili- ! year my appreciation of the work con Dalley, these charities do becomes our zeal for greater,and I'm delighted that I'm innovation has not in a position to give more to my fa- only forged a"new vorites and add new ones as well." economy"it has This type of giving actually ex- a�so stimulated a emplifies three core principles of search for a"new venture philanthropy a closer re- philanthropy." Indeed,there arelationship,a long term commit- some exciting experiments under , menta and gifts that most directly way locally that may help shape and most powerfully helpp the the work of foundations in the charity do its work.In philan- coming decades.Yet,I must con- thropy-speak we call these"unre- fess that the longer I work in our stricted grants for core operating community,at the vital nexus of support."For our safety net donors and doers,the more I am providers,it's the highest form of convinced and equally inspired by giving,its the most precious re "old philanthropy." source,and it comes from annual That's why I worry when some donors. new philanthropy advocates tell us So let us now praise"checkbook that it is not good enough to"just philanthropy."It is,in fact,alive write a check"to our favorite and well at some of our most ven- charities. turesome foundations.As I write, Certainly getting involved,vol- community foundations around unteering your time and talents, the country are working with can greatly increase the personal thousands of donors,who through rewards of giving and the benefits their personal giving funds are of the charitable enterprise to our recommending literally millions of community:But the heart of every dollars in big and small checks to gift is still the heart.To answer hometown charities here and far with generosity remains one of the away. most meaningful actions we can Ultimately,we give from the take,as individuals and as fan-ii- heart and with our heads.Donors Res,to connect with our cornmuni- and the charities they support ty and express our commonality know that compassion is not the with those who serve and with enemy of strategy and that shar- those in need ing is not the opposite of investing: An elderly donor recently spoke Surely in the new era for our of how much she looked forward civil society that began on Sept.ll, to making her annual year-end we will need the best of old and gifts.This involved the gathering new philanthropy to meet the of all the direct mail solicitations challenges of the coming years.It she had received along with the will be the donors and the doers, reports or newsletters she had answering with generosity,who in- read and collected over the year spire and encourage us with re- from her existing"portfolio"of siliency,resourcefulness and re- charities.She then sat down,and solve. in what for her was something of a sacred ritual,made gifts to her Sterling Speirn is president of the growing list of favorite charities. Peninsula Community Foundation. Peninsula Community Foundation 1012 --� Roger and Jean Hunt Duncan Fund ptnir� ula Fund Activity Statement oII't'll'"t'unity foundation April 1,2001 through June 30,2001 Prepared for: Mr. Alfred H. Escoffier Burlingame Public Library 480 Primrose Road Burlingame, CA 94010-4083 Fund Activity - - Q-T-D Y-T-D Beginning Balance $ 946,404.46 $ 995,286.90 Contributions 0.00 0.00 Investment Income 5,222.23 11,403.02 Gain/Loss on Gifted Securities 0.00 0.00 Gain/Loss on Investments 25,404.42 (28,424.85) Interfund Contributions 0.00 0.00 Other Income 0.00 0.00 Grants 0.00 0.00 Interfund Grants 0.00 0.00 Administration Fees (1,212.25) (2,446.21) Other Expenses 0.00 0.00 Ending Balance $ 975,818.86 $ 975,818.86 Grants Payable $0.00 Balance Available for Grants $238,075.03 -Investment Allocation -- - Asset Allocation Per Agreement: Endowment Pool 100.00% Comments - - -- - - Last quarter we mentioned that our Investment Committee was changing the asset allocation in some of the investment pools. Those changes have now been completed and you will find the list of new managers on the enclosed page. These changes were made to increase diversification, stabilize returns and control costs. In addition, Vanguard also hired a new manager, Alliance Capital Management, for the U.S. Growth Portfolio. If you have any questions regarding the investment portfolios, please don't hesitate to call Kara Coyle, Controller, or Vera Bennett, Vice President of Finance and Administration at 650.358.9369. Donor Advised Investment Pools peninsula Target Asset Allocations communityfoundation Equity Pool Vanguard Index 500 30% Vanguard US Growth 20% *American Funds Washington Mutual Fund 20% Goldman Sachs US Equity 15% *American Funds-EuroPacific Growth Fund 15% Fixed Income Pool Vanguard Short Term Corporate 50% *PIMCO Total Return Fund 50% Merrill Lynch Intermediate Bond Fund Money Market Pool Vanguard Prime Money Market Reserve 100% Socially Responsive Pool PCF F230700 Citizens Income Fund 35% Citizens Index Fund 65% Funds invested in the Socially Responsive Pool must choose 100% allocation to the POOL *New funds Peninsula Community Foundation TEL 650.358.9369 1700 South EI Camino Real, Suite 300 FAx 650.358.9817 San Mateo, California 94402-3049 wee www.pcf.org DEC. 19.2001 3:46PM SECOND HARVEST SM 650 610 oeoe NO.379 P. 1 _ IacoJ SelutJortv to HttneerBJnce 1974 Santa Clara County 750 Curtner Avenue December 18Yth 2001 San Josh, 95125 .608.266.888 66 ph � t 408.266.9042 fax San Mateo County 1051 Bing Street 1VIS, Lisa D San Carlos,CA 94070 Burlingan)ztity Library 650,610.0800 ph 650.610,0808 fax 480 Prir�irose Road www.2ndharvest.net B f arr1L', CA 94010 www.donawfood.org v (650) 342-1948 2001 I3oHday Food Drive Receipt For Contributions Thank you for your generous donation, Hore is a summary of your organization's recent food drive activity, December 11, 2001 300 pounds of food Our thanks to you and your colleagues for your thoughtful generosity.Please call 1-800-870-FOOD or visit www.2ndharvut.net for additional food drive supplies,pick-ups or information. Note: Acknowledgement of individual financial contributions will be generated separately for all donations over$35.00. Fbr information about individual receipts,contact our Development Department at(408)266-8866. I Per IRS regulations,we hereby,stare that no goads or services were received in Exchange for this donadon, Your generous contribution is=deductible to thefull extent of the law. Please retain your canceled check or financial statementas,fitther record of this donation. Second Harvest Food Bank is a501(c)(3)corporation;federal tax identlficatiwt#94-2614101. CLA FACTS California Library Association 717 K Street, Suite 300 Sacramento, CA 95814 916-447-8541 info@cla-net.org PUBLIC LIBRARY FOUNDATION GOAL Full funding for the Public Library Foundation (PLF) program is a continuing goal of the California Library Association (CLA). In this current fiscal climate, CLA is seeking to: a. preserve the PLF funding level for public libraries in the current fiscal year at $52,970,000. b. avoid additional cuts to the PLF allocation in the 2002-03 state budget. BACKGROUND The legislation authorizing the PLF became effective July 1 , 1983. Although passed by the legislature, the state's share of PLF has never been fully funded. As an item in the state budget, the PLF allocation is subject to the extensive budget negotiation process. The resulting fluctuations in the annual allocations are reflected in PLF's funding history. The allocations for the past four years are listed below: 1997/98 $18,870,000 1998/99 $38,870,000 1999/2000 $56,870,000 2000/01 $56,870,000 2001/02 $52,970,000 In the early 1990s, PLF funding was impacted by the state's budget difficulties, moving from 55% of the authorized amount to a low of 17%. In recent years, the PLF has received steady support from the legislature, and funding levels have increased. However, the governors have reduced the augmentation levels set by the legislature, and full funding has not been achieved. In FY 2000/01, the legislature approved full funding in the state budget, but the governor vetoed it. As of this writing, we are trying to hold onto $7.9 million that the Governor is earmarking to remove from the current year's funding for PLF. We are receiving support in both state houses to retain that funding at the $52.9 million dollar level. In Governor Davis' Budget for 2002/03, he proposes to cut PLF by $11,158,000 from the current budget figure of $52,970,000. This cut would bring funding down to a level of$41,812,000. LEGISLATURE'S POLICY In passing the measure creating the Public Library Foundation program, the California Legislature found and declared that "it is in the interest of the people and of the State that there be a general diffusion of information and knowledge through the continued operation of free public libraries." The legislature further declared that "the public library is a supplement to the formal system of free public education...and a resource for continuing education and re-education beyond the years of formal education and as such deserves adequate financial support from government at all levels." ACTION REQUESTED CLA would like to thank the members of the legislature for their strong support of the Public Library Foundation, particularly the effort to save $7.9 million, in the current year budget, for the program. Our Association respectfully requests that you maintain the baseline amount of the PLF at $52,970,000 during the Budget year 2002-03, and prevent further encroachments on this much needed public service. M E M O R A N D U M CITY OF BURLINGAME `- CITY ATTORNEY DATE: January 18, 2002 TO: All City Commissions and Boards FROM: Larry E. Anderson, City Attorney U RE : Ralph M. Brown Act (Local Agency Open Meeting Law) — Government Code § 54950 and following The new year provides an opportunity to send this memorandum regarding State requirements for conducting meetings of City commissions and boards. This memo is based on earlier memos by this Office. If at any time,any commissioner or board member has any question regarding the requirements for conducting a City meeting, please do not hesitate to contact me (558-7207). Of course, this invitation applies to any legal question concerning the commission or board. What is the purpose of the Brown Act? Section 54950 puts it simply:"It is the intent of the law that their[public agencies']actions be taken openly and that their deliberations be conducted openly." What is a meeting under the Brown Act? The Brown Act defines a"meeting"of a City board or commission as any time that a quorum of a board or commission discusses issues or matters that are within the jurisdiction of the board or commission. Such a discussion could take place on a conference telephone call or even serially by a series of meeting or conversations, as well as face-to-face. A purely social or ceremonial occasion is not a "meeting," so long as a quorum of the board members or commissioners in attendance do not discuss board or commission issues. Once a discussion is labeled a"meeting,"important requirements attach to its conduct,as described below. City Boards and Commissions Re: Ralph M. Brown Act January 18, 2002 Page 2 What notice of a meeting is required(posting an agenda)? The first key step in compliance is the posting of an agenda of the upcoming meeting.' Generally,there are 3 types of meetings under the Brown Act: A) Regular meeting. This is the routine meeting that is scheduled on a monthly or bimonthly basis. Sometimes the meeting day and time is established by the City Council or by ordinance; for some boards and commissions,the day and time is set by an annual calendar by the board or commission. The agenda for the meeting must be posted at least 72 hours before the start of the meeting. B) Special meeting. This meeting is called to conduct additional business or because the board or commission was unable to meet on a regular day and time. The agenda must be posted at least 24 hours before the start of the meeting, and advance notice of at least 24 hours must also be given to board/commission members, and newspapers,radio, and television stations that have requested notice of meetings. C) Adjourned meeting. This meeting is adjourned from a regular or special meeting,so in effect,the regular or special meeting continues at the adjourned meeting. Notice of the adjournment must be posted within 24 hours of the adjournment, and advance notice of at least 24 hours must be given to newspapers,radio,and television stations that have requested notice of meetings. The posting of the agenda declares for the public exactly what will be considered and discussed at the upcoming meeting. The agenda item description should be complete and clear enough that a citizen can decide whether the item affects or interests that citizen and whether the citizen might wish to attend to either hear the discussion or present information. 'While many City boards and commissions have additional notice requirements that may involve publication in a newspaper or mailing to neighbors, those requirements are not found in the Brown Act. City Boards and Commissions Re: Ralph M. Brown Act January 18,2002 Page 3 The Brown Act provides only an extremely limited exemption to add an issue to the agenda that comes up after the agenda-posting time limit has passed. Please contact this office for legal advice if such an occasion arises. What rights do the public have to be present at a "meeting"? The right of the public to witness the proceedings at a board or commission meeting are paramount. Members of the public cannot be required to"sign in"or to comply with other special requirements (such as purchasing a meal or a ticket) to attend the meeting, and they have to be provided with adequate room to be reasonably comfortable. Most City boards and commissions cannot hold a"closed session." The right to meet without the public being present is extremely limited, and usually only the City Council and the Civil Service Commission review matters that fall within those limitations. If a question about a possible"closed session"arises,please contact this office. What right does the public have to participate in a "meeting"? The Brown Act has 2 basic requirements for public participation: A. First,the public must be allowed to speak on an issue or question that is on the board or commission's agenda before action is taken on that item. B. Second,the public must be allowed to address the board or commission on any issue or matter that is within the board or commission's jurisdiction at some point during a regular meeting, whether or not the issue or matter is on the meeting agenda. The Brown Act does not require this "public comment"requirement during special meetings; instead, the Brown Act only requires that comments on the items on the special meeting agenda be allowed. To meet these 2 requirements, the board or commission can provide for public testimony during a single comment period at the beginning of the meeting allowing testimony on both agendized and non-agendized matters. The board or commission can also separate items in different ways —for example,there can be items highlighted as"public hearings;"then,a public comment period on other times, both agendized and non-agendized. Finally, it is important to note that the board or commission cannot discuss non-agendized items raised during the"public comment period." The board or commission is limited to asking questions and briefly responding to the comments on those non-agendized items and can only discuss whether to seek further information or to set it for discussion at a future meeting. City Boards and Commissions Re: Ralph M. Brown Act January 18, 2002 Page 4 What is a "study meeting"? Generally,a study meeting is a term used for a format that focuses on a limited number of issues to encourage more in-depth discussion among board or commission members and staff. However, public comment on the study items must be received before any action is taken at a study meeting, and if no action, is going to be taken, at some point before the end of the consideration of the item. The Brown Act does not separately recognize a"study meeting,"but would simply define it as either a special, regular, or adjourned meeting. What happens if there is a lack of a quorum for a meeting? Generally, if the chair of the board or commission knows that a quorum will not be able to attend a meeting,the chair can order the meeting continued or canceled. No meeting is usually required to take this action. Notice of the continuance or cancellation should be immediately posted and notice given to those who have requested notice of the meeting. If the lack of a quorum is not determined until the meeting time, the members of the board or commission who are present should take: a formal vote to adjourn the meeting to a future date or to cancel it. Notice should then be immediately posted and notice given to those who have requested notice of the meeting. What happens if the Brown Act is violated? The Act itself provides for a variety of remedies and sanctions. First, the District Attorney can investigate alleged violations and file a criminal complaint against those who may have been involved in the violations. Jim Fox, San Mateo County DA,has been quite vigilant on these kinds of issues. Second,the decision or action can be overturned by either the City itself or a court order. The Act provides a citizen request procedure for reconsidering a decision or action taken in violation of the Brown Act,and then the right to seek court action if the request is denied. This type of sanction can frustrate a great deal of work and effort on important issues. Third, and perhaps most importantly, a violation of the Brown Act creates a high level of distrust among citizens. Public attendance and participation has become so fundamental in California local government that any attempt to frustrate these rights usually gives rise to either strong anger or cynicism and diminishes the City's ability to be an effective and trustworthy government. --� City Boards and Commissions Re: Ralph M. Brown Act January 18, 2002 Page 5 This is a very brief series of questions summarizing the Brown Act. There are many additional aspects and provisions to the Brown Act. A complete copy of the Brown Act is attached. Only one small change regarding deferred compensation discussions was made in the 2001 Legislature. If a board or commission would like to discuss the Brown Act or other aspects of conducting a public meeting, I would be pleased to attend such a discussion. cc: Mayor and Council City Manager Ralph M. Brown Act 2001 CALIFORNIA GOVERNMENT CODE SECTIONS 54950-54962 § 54950. Policy declaration 54950. 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 notgood 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 54950.5. This chapter shall be known as the Ralph M. Brown Act. § 54951. Definition of local agency 54951. 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. Definition of legislative body 54952. 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. (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 � 1 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 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. Definition of member of a legislative body 54952.1. 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. Definition of meeting 54952.2. (a) As used in this chapter, "meeting" includes any congregation of a majority of the members of a legislative body at 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) Excej)t 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. ..1 (c) Nothing in this section shall impose the requirements of this chapter upon any of the following.- (1) ollowing:(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. 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 local 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 2 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 committee 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. Definition of action taken 54952.6. 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 when sitting as a body or entity,upon a motion, proposal, resolution, order or ordinance. § 54952.7. Copies of Act; Distribution 54952.7. A legislative body of a local agency may require that a copy of this chapter be given to each 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 liven 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. Open meetings required; Teleconferencing; Secret ballots 54953. (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 and constitutional rights of the parties or 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 orproceeding, 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 a legislative body,the members 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. �- 3 § 54953.1. Grand jury testimony by members 54953.1. 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. Conditions to attendance at meetings 54953.3. 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 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. Recording meetings 54953.5. (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. Broadcasting meetings 54953.6. 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. Greater access to meetings permitted 54953.7. Notwithstanding any other provision of law,legislative bodies of local agencies may impose requirements upon themselves which allow greater access to 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. Notice of regular meetings; Boundary restrictions for all meetings 54954. (a) Each legislative body of a local agency, except for advisory committees 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. 4 Meetings of advisory committees or standing committees, for which an agenda is posted at least 72 hours in advance of the meeting pursuant to subdivision (a) of Section 54954.2, shall be considered for purposes of this chapter as regular meetings of 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. (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 'urisdiction with elected or appointed officials of the United States or the State of California wen 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 other emergency,it shall be unsafe to meet in the place designated,the meetings shall be held for the duration 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. �" 5 § 54954.1. Agenda information provided by mail; Fee 54954.1. 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 l 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 requirements; Regular meetings 54954.2. (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. 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. § 54954.3. Public's right to testify at meetings 54954.3. (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 ..� 6 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 of costs 54954.4. (a) The Legislature hereby finds and declares that Section 12 of Chapter 641 of the Statutes of 1986, authorizing reimbursement to local agencies and 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 64. 1 of the Statutes of 1986 in a complete, faithful, and uninterrupted manner. § 54954.5. Safe harbor agenda for closed sessions 54954.5. 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. t 7 (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 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 names 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 at 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) (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) 8 (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.) (f) With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: (Specify 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: 9 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) (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. New taxes and/or assessments; Procedural requirements 54954.6. (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, 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 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 the 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 10 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. 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 ollowing: (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 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. it (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 shall 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 isproposed 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, 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. -1 (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 XIIIC or XIIID of the California Constitution is not subject to the notice and hearing requirements of this section. § 54955. Adjournment 54955. The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified 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 12 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 54955.1. 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 of continuance was adopted or made. § 54956. Special meetings 54956. 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 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 convenes 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 54956.5. 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 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. 13 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 rollcall 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 54956.6. 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 session; License application of rehabilitated criminal 54956.7. 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,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. Closed session; Real estate negotiations 54956.8. 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 negotiators may negotiate. For purposes of this section,negotiators may be members of the legislative body of the local agency. For purposes of this section, "lease" includes renewal or renegotiation of a lease. 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 session; Health claims 54956.86. 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 wish 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 14 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. § 54956.87. Record Exempt; Closed Session; County Health Plan 54956.87 (a)Notwithstanding any other provision of this chapter, the records of a health plan that is licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors, whether paper records, records maintained in the management information system, or records in any other form,that relate to provider rate or payment determinations, allocation or distribution methodologies for provider payments, formulae or calculations for these payments, and contract negotiations with providers of health care for alternative rates are exempt from disclosure for a period of three years after the contract is fully executed. The transmission of the records, or the information contained therein in an alternative form,to the board of supervisors shall not constitute a waiver of exemption from disclosure, and the records and information once transmitted to the board of supervisors shall be subject to this same exemption. (b)Notwithstanding any other provision of law, the governing board of a health plan that is licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors may order that a meeting held solely for the purpose of discussion or taking action on health plan trade secrets, as defined in subdivision(c)of Section 32106 of the Health and Safety Code, shall be held in closed session. The requirements of making a public report of action taken in closed session, and the vote or abstention of every member present,may be limited to a brief general description without the information constituting the trade secret. (c)The governing board may delete the portion or portions containing trade secrets from any documents that were finally approved in the closed session held pursuant to subdivision(b)that are provided to persons who have made the timely or standing request. (d)Nothing in this section shall be construed as preventing the governing board from meeting in closed session as otherwise provided by law. (e) The provisions of this section shall not prevent access to any records by the Joint Legislative Audit Committee in the exercise of its powers pursuant to Article 1 (commencing with Section 10500)of Chapter 4 of Part 2 of Division 2 of Title 2. The provisions of this section also shall not prevent access to any records by the Department of Corporations in the exercise of its powers pursuant to Article 1 (commencing with Section 1340) of Chapter 2.2 of Division 2 of the Health and Safety Code. § 54956.9. Closed session; Pending litigation 54956.9. 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. 15 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 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 16 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. § 54956.95. Closed session; Insurance liability 54956.95. (a) Nothing in this chapter shall be construed to prevent a Joint powers agency formed pursuant to Article 1 (commencing with Section 6500)of 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'compensation 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 session; Personnel and threat to public security 54957. 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. 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. Report at conclusion of closed session 54957.1. (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: 17 (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: (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 to 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 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. (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 amendments to the 18 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 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. Minutes of closed session 54957.2. (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 jurisdiction wherein the local agency lies. Such minute book may,but need not, consist of a recording of the closed session. (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 materials; Public records 54957.5. (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 that are public records under subdivision(a) and that 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 chapter 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. 19 § 54957.6. Closed session; Labor negotiations 54957.6. (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 legislative body 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. (b) 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. § 54957.7. Announcement prior to closed sessions 54957.7. (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 session; Multijurisdictional drug enforcement agency 54957.8. 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. 20 t "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. Disruption of meeting 54957.9. 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. Act supercedes conflicting laws 54958. 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. Violation of Act; Criminal penalty 54959. 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 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. Violation of Act; Civil remedies 54960. (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 21 this section,the parry seeking discovery or disclosure shall file a written notice of motion with the 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. (ii) 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. Violation of Act; Actions declared null and void 54960.1. (a) The district attorney or any interested person may commence an action by mandamus or in unction 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. 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 correct expires. (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. 22 (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: (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, 54954.5, 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. § 54960.5. Costs and attorney fees 54960.5. 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. Discrimination; Disabled access; Fees for attendance; Disclosure of victims 54961. (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 member 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. 23 § 54962. Closed session; Express authorization required 54962. 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 be held by any legislative body of any local agency. I:\Gvt\Prim\Final\Brown Act 01 24 BURLINGAME PUBLIC LIBRARY STATISTICS FOR THE MONTH OF NOVEMBER 2001 registered Borrowers Previous month's total #Added Total Registered Burlingame Adults 13,939 111 14,050 Burlingame Children 3,959 17 3,976 Hillsborough Adults 2,217 9 2,226 Hillsborough Children 1,110 1 1,111 Non-San Mateo Co. Borrowers 1,077 23 1,100 Totals 22,302 161 22,463 Circulation Activity Main Branch Adult Print Materials 17,644 687 Children's Print Materials 9,422 1,316 AudioNisual Materials 7,274 195 Circulation Totals This month total Main 36,601 This month previous year 33,423 9.51 This month total Branch 2,477 This month previous year 2,693 -8.0 D This month Grand Total 39,078 This month previous year 36,116 8.21 Reference Activity Inter Library Loans Questions Directions Lent 3,372 Reference 2,581 286 Borrowed 2,008 Children's 1,116 742 TOTAL 5,380 Lower Level 1,277 2,873 Branch 89 91 TOTAL 5,063 3,992 Collections Main Titles Added Main Volumes Added Branch Volumes Added Adult Non Fiction 330 396 22 Children's Non Fiction 160 188 12 YA Non Fiction 1 2 1 Adult Fiction 219 279 32 Children's Fiction 76 112 18 YA Fiction 14 20 4 Cassettes 50 353 2 Compact Discs 17 17 0 Videos 35 42 8 Children's Audio 0 25 0 Children's Video 0 11 0 Children's Compact Disc 0 0 0 TOTALS 902 1,445 99 I'-- BUFFLINGAME PUBLIC LIBRARY STATISTICS FOR THE MONTH OF NOVEMBER 2001 PAGE 2 Other Material Volumes added Total Held .dult un-cataloged books 57 3,962 '-Children's un-cataloged 85 3,377 books Foreign Language un- 0 510 cataloged Deposited with the City Treasurer Main $6,992.53 Branch 325.52 Total 7,318 Other Deposits Rental 88.60 PLS Video 34.90 Photocopies 855.21 *This Figure is included in the "total main deposit". Estimated User Traffic 27,279 aily Average 974 Community Room Adult* TOTAL MEETINGS HELD: 11 ATTENDANCE: 261 Children's and Young Adult Attendance Pre-school programs 23 1,183 School-Age K-5 0 0 Book rou ies 6 6 Total 29 1,189 Internet Use One Hour Express Childrens Total 1,468 2,280 26' 3,774 BURLINGAME PUBLIC LIBRARY STATISTICS FOR THE MONTH OF DECEMBER 2001 registered Borrowers Previous month's total #Added Total Registered Burlingame Adults 14,050 94 14,144 Burlingame Children 3,976 11 3,987 Hillsborough Adults 2,226 8 2,234 Hillsborough Children 1,111 2 1,113 Non-San Mateo Co. Borrowers 1,100 5 1,105 Totals 22,463 120 22,583 Circulation Activity Main Branch Adult Print Materials 15,844 710 Children's Print Materials 7,179 825 AudioNisual Materials 7,322 124 Circulation Totals This month total Main 32,560 This month previous year 29,886 8.9 1 This month total Branch 1,882 This month previous year 1,923 2.1 D This month Grand Total 34,442 This month previous year 31,809 8.0 1 Reference Activity Inter Library Loans Questions Directions Lent 2,808 Reference 2,589 315 Borrowed 1,766 Children's 788 702 TOTAL 4,574 Lower Level 1,137 2,714 Branch 72 92 TOTAL 4,586 3,823 Collections Main Titles Added Main Volumes Added Branch Volumes Added Adult Non Fiction 224 328 12 Children's Non Fiction 21 33 3 YA Non Fiction 6 6 0 Adult Fiction 140 165 11 Children's Fiction 22 65 14 YA Fiction 7 13 3 Cassettes 16 153 2 Compact Discs 17 20 0 Videos 12 18 0 Children's Audio 0 1 0 Children's Video 0 1 0 Children's Compact Disc 0 0 0 TOTALS 465 803 45 BUR!INGAME PUBLIC LIBRARY STATISTICS FOR THE MONTH OF DECEMBER 2001 PAGE 2 Other Material Volumes added Total Held ,dult un-cataloged books 59 4,021 Children's un-cataloged 18 3,395 books Foreign Language un- 0 510 cataloged Deposited with the City Treasurer Main $5,555.71 Branch 186.90 Total $5,742.61 Other Deposits Rental $93.00 PLS Video $43.50 Photocopies* $93.75 *This Figure is included in the "total main deposit". Estimated User Traffic 21,231 Daily Average 758 Community Room Adult* TOTAL MEETINGS HELD: 5 ATTENDANCE: 758 Children's and Young Adult Attendance Pre-school programs 18 692 School-Age K-5 0 0 Book rou ies 4 4 Total 22 696 Internet Use One Hour Express Childrens Total 1,350 2,107 32 3,489 �aston branch Li6rary Services Survey Dear Neighbor: The Library has received a large donation which will be used to fix serious structural problems in our 73 year old Easton Branch. We welcome your input on services you would like to see in our remodeled building. Please answer the questions below and return this survey to the Easton Branch by February 20`h, 2002. Alfred Escoffier, City Librarian 1. In the last 6 months,how have you used the Easton Branch Library? Please check all that apply: 0 Check out books 0 Attend programs 0 Do homework 0 Check out CD's/Tapes 0 Check out videos 0 Use Internet 0 Meet a friend 0 Check out magazines 0 Use copy machine 0 Find information 0 Read newspapers&magazine 0 Other: 2. How often do you visit the Easton Branch Library? 0 At least once a week 0 At least once a month 0 Less often than once a month 3.. How much time do you usually spend on your visit? 0 15 min. or less 0 1 hour or less 0 More than 1 hour 4. How did you get to the library today? 0 Car 0 Bus 0 Walked 0 Dropped off 0 Other 5. If you are checking out or using materials today,who are they for? 0 Adults 0 Young Adults 0 Children 6. If you would like more programs at the library, please number your top 3 choices: (1, 2, 3) 0 Toddler 0 Middle School age 0 Family 0 Preschool 0 Teen 0 Not interested in programs 0 School age 0 Adult 0 Other 7. What would you like to see more of in the Branch? Please number your top 3 choices: 0 Adult fiction/mysteries 0 Adult non-fiction 0 Videos 0 Books on Tape/CD's 0 Newspapers �l Magazines 0 Music tapes/CD's 0 Young Adult books 0 Children's Books 0 Computers Additional seating 0 Other 8. If we are able to expand hours,what would be your first choice? 0 morning 0 evening 9. What is it about the Branch you value the most? Please explain: 10. What is your age? What is vour bender' 0 0 to 10 years 0 30 to 40 years 0 60 to 70 years 0 Female 0 10 to 20 years 0 40 to 50 years 0 70+years 0 Male 0 20 to 30 years 0 50 to 60 years Plan to attenda pub/c input work5hoP on Optional Information: conceptual desmon at the Easton Brandi Name: on,jaturda, y /Oa.m. toAlcon Address: Phone: May we contact you if we'd like further input? 0 Yes 0 No pvo�j asomuiid 08fi up1. riglZ uoumg uols7ag :u:4v fur-iatg ottand auzufutlmg pwinboN o2visod ------------------------------------------------------------------------------------------------------------------------------------------- azau P103 Page 1 of 1 Escoffier, Al From: Susan Negreen [snegreen@cla- Sent: Monday, February 04, 2002 6:30 PM To: CLA Listserve- CALIX Subject: NEWS FROM THE CAPITOL February 4, 2002 TO: CLA MEMBERS/ SYSTEMS/ NETWORK CONTACTS FROM: Mike Dillon, Lobbyist, Christina Dillon, Lobbyist RE: NEWS FROM THE CAPITOL GOVERNOR SIGNS "CUT BILLS" — $7.9 MILLION FOR PLF IS SAVED Many of your local papers may have reported that on Saturday, Governor Gray Davis signed SB 1xxx, which contains language to restore $7.9 million for the Public Library Foundation. You will recall that the Governor had proposed cutting $7.9 million in current year funding from the PLF and incorporated this cut into SB 1xxx. Thanks to your support, and CLA lobbying efforts, the legislature opposed the $7.9 million cut and subsequently restored the funding. The bill went down to the Governor's office with the PLF intact. We have been cautiously optimistic since the signing of the bill on Saturday, as there was minimal information available as to what the Governor's action may have been beyond the signing of the measure. (You will recall that the Governor has "line item veto" authority on this bill.) As of this morning, there was still no information available regarding his specific actions. A chaptered copy of the bill was not available to lobbyists or staff all day, and the Budget and Fiscal Committee was unable to answer the "mystery" of what had actually transpired on Saturday at the signing. Late this afternoon, we were able to receive confirmation from a senior staff member of the Governor's Office who said the bill was "untouched" and that the Governor left the bill as the Legislature had submitted to him. We thank the legislature and the Governor for their action on our behalf and look forward to working with them into the 2002-03 Budget process to save further cuts to the PLF. Please take a moment today to write your individual legislator(s) and thank them for their strong support of the public libraries and this important budget action. Susan Negreen,CAE Executive Director California Library Association snegreen@cla-net.org 916-447-8541 2/5/02 f euaunwwe B U R L I N G A M E f U B L I C LIBRARY Attachment#5J February 19, 2002 RE: Elegant Affair Fundraiser-Jane Dunbar The Burlingame Library Foundation is seeking to close the library during normal open hours on either a Friday evening or a Saturday afternoon, to prepare for the fall Elegant Affair Fundraiser. These events have been a major means of raising awareness and funds for the Foundation over the past 6 years. The Foundation's emphasis for fundraising this year will be to fund the furnishings for the Easton Branch Renovation. Jane Dunbar will present the day and times for closure for Board discussion and approval. The Board decision should then be forwarded to the City Council for their information. 4 8 0 P r i m r o s e Road Burlingame * CA 9 4 0 1 0 4 0 8 3 Phone ( 650 ) 342 - 1038 • Fax ( 650 ) 342 - 1948 • www . p1s . lib . ca . us / pls / pls . html IBURl1NGAME 1 B U R L I N G A M E PUBLIC LIBRARY Attachment #5K February 19, 2002 RE: Gift of Flag Pole to Library Trustees for Easton Branch Project The Burlingame Lions Club is offering to fund a new flagpole for the Easton Branch Library, as part of the library's renovation in 2003. Mary Herman and Al Escoffier met with the Lions Club Board of Directors last month to describe the Easton Project and to offer information on the project. The Flag Pole would be funded up to $ 2,500.00 as President Jack van Etten's President's Gift. The Lions will retain the funds until such time as they are needed for the project. The Bogd is being asked to accept or reject the gift as appropriate and useful for the project. Staff will work with the City to obtain and install an appropriate pole, which meets City code. i 4 8 0 P r i m r o s e Road • Burlingame * CA 9 4 0 1 0 4 0 8 3 Phone ( 650 ) 342 - 1038 • Fax ( 650 ) 342 - 1948 • www . pls . lib . ca . us / pls / pls . html �B(IRLINGAME 1 B U R L I N G A M f PU9LIC LIBRARY City Librarian's Report February 19, 2002 Budget Outlook At the recent City Council Study Session on the budget, an overview of City finances revealed a 16-17% downturn in revenues, due mainly to the loss of 45% of our hotel taxes (TOT), through November 2001. This translates to a $ 6 million shortfall in the General Fund for this year. This is the largest downturn in the City budget in more than 30 years. Staff has been asked to hold off on large expenditures for this current year's budget to provide a 5% reduction in operating budgets. For next year's budget preparation, we will likely be looking at reductions in operating costs as well, as the personnel costs are a fixed cost. It is hoped that the City's reserve should sustain personnel and operations until the economy recovers. The Easton Branch renovation project will.continue, since 80% of the funding is from private donations. New Voicemail and Telephone Numbers For the first time in 20 years, the library will be changing its public and staff telephone numbers. At the same time, the City is making a switch to "direct inward dialing" and is planning to have the entire city on the same exchange: 558-7____. The change is effective immediately. Previous phone numbers will automatically roll to the new numbers. Fax numbers will remain the same. New business cards and other library printed materials will reflect the new numbers as we reprint the materials. L.. 4 8 0 P r i 'm r o s e R o a d • Burlingame . C A 9 4 0 1 0 1 4 0 8 3 Phone ( 650 ) 342 - 1038 * Fax ( 650 ) 342 - 1948 • www . pls . lib . ca . us / pls / pls . html Long Range Planning This year, the Library will begin a new cycle of strategic planning for library service delivery. Staff met with consultant Jeanne Goodrich who offered a proposal to coordinate the work. Ms. Goodrich is based in Portland, Oregon and was formerly Assistant County Librarian for the Multunomah County Library System. Jeanne also served as a former director of the South San Francisco Public Library. This time the planning process has been simplified and streamlined. It still includes a strong public input component. I will be asking the Board to fund this task at the $ 10,000 level either from the Trustees Special Fund or the Duncan Trust. Planning would begin in April 2002. Easton Branch Renovation Project Status A planning session meeting with the Project Team and City Staff will be held on February 20'h. We will begin to determine the timeline for moving forward. A public survey has been sent to Burlingame schools and surrounding residents which will be due later in the month. A public input session will be held on March 9`'', 10-Noon for input on the 3 conceptual designs offered by the architect. Live Homework Help Grant The Library received a State Library grant for a pilot project on Live Homework Help via www.Tutor.com. This program is intended to assist children and young adults in grades 5-12 to gain instant access to expert tutors for a 20-minute homework help session in the library. We will be distributing PR to the local schools for this project. Upcoming Events: • 18 February, President's Day Holiday, Closed • 19 February, Library Board Meeting, 4:30 PM • 9 March, Easton Library Public Planning Session, 10 AM-Noon, Easton • 19 March, Library Board Meeting, 4:30 PM • 21 March, Foundation Board Meeting, 4:30 PM • 23 March, System Advisory Board Breakfast, Stanford Park Hotel, TBA Alfred Escoffier City Librarian L February 11, 2002 2