HomeMy WebLinkAboutAgenda Packet - PR - 2002.02.21T
BURLINGAME PARKS & RECREATION COMMISSION
7:00 P.M., Thursday, February 21, 2002
Conference Room "A", City Hall, 501 Primrose Road, Burlingame
Roll Call
Dittman, Erickson, Heathcote, Kahn, Larios, Lawson, Minderman, Muller,
Youth Advisory Commissioners Martindale and Warden
2. Approval of Minutes - Approve the minutes of the January 17, 2002 meeting
3. Old Business
A. Community Recreation Facilities Update
B. Youth Advisory Committee Report
C. Senior Resources Handbook
4. Public Comments
7his is the opportrmity for members of the public to address the Commission regarding items not othersvis'e
on the agenda. The Ralph M. Brown Act prohibits the Commission from acting on any matter which is not
on the agenda. The Chairperson may limit speakers to three minutes each.
5. New Business
6. Reports
A. Capital Improvement Projects Status
I ) Trenton Tot Lot
2) Washington Park Ballfield Improvements
3) Ray Park Improvements
B. Parks and Recreation Division Reports
C. Commissioners
D. Recreation Division Revenue Report
Adioumment
Next Regular Meeting:
Thursday, March 21, 2002 - 7:00 pm at Conference Room "A", City Hall
Commissioner's Dinner, illarch 22, 2002 — DoubleTree Hotel
NOTICE., Any attendees wishing accommodations for disabilities should contact the Parks & Recreation Dept. at
(050) 558-7330 at least 24 hours before the meeting. A copy of the agenda packet is available for review at the
Recreation Center, 850 Burlingame Avenue, during normal office hours. The agendas and minutes tes are also
available on the Chv's svebsite: uvsv.burlinenme.nre.
ON
City of Burlingame - Parks & Recreation Dept.
850 Burlingame Ave., Burlingame, CA 94010
(v phone: (650) 558-7300 • fax: (650) 696-7216 Yamki ¢
t3URLINGAME recreation iOurlin ame.org � s.
_ F
MEMORANDUM,
Date: February 18, 2002
To: Parks & Recreation Commissioners
City Council
From: Randy Schwartz IJL.
Re: Monthly Report
Parks Division
I. Turf at Roosevelt School renovated and overseeded.
2. Landscape projects were completed including new landscape trees on Anza Blvd. across front the Golf
Center entrance, J lot planter box, a planting area in the rear of Washington Park near the Rec Center, and
the Bird Sanctuary.
3. The turf infield project is near completion at Washington Park. Maintenance assistance (mostly minor
post game work) from field users will be necessary in order to keep the field in excellent condition.
4. A volunteer rotation program, through different crews, has been initiated by Parks Division employees in
order to update general skills.
5. The annual pesticide audit by the County Department of Agriculture was successfully completed and all
Division pesticide applicators have completed their annual training.
6. Soccer Center field has been overseeded. It will be available for play in March.
7. Overseeded section of Dog Park reopened. Germination was good but turf remains spotty. Anecdotal
evidence from users is that keeping the area open is more important to them than establishing and
sustaining lush turf.
Recreation Division
1. New Recreation Superintendent Mike Kornder began work on February 4's.
2. Spring Registration 497 people registered for classes on the 1" day of Spring Registration.
3. Teens Open Gym for middle school students: 60 participants, Van's Skate Park Trip: 11 participants
4. After School Enrichment began with 33 classes, 291 participants
5. Adult Art Classes 143 students enrolled in painting classes for the first session.
6. Preschool began 2 new preschool classes this semester, Pal -time for Tots and Wonderful Ones. Both
classes filled immediately and have been very well received by the parents and children.
7. Adult Sports 35+ Drop -in Soccer at BHS Stadium Field on Tuesday nights averaging 40 participants
8. Seniors Senior Computer class at BHS started this session with 15 seniors and 15 student volunteers
9. BIS - 230 students participated in 7'" and 8"grade basketball this season. Nineteen of twenty-three teams
finished first or second in their league, including nine championship banners.
Upcoming activities
I. Teen Ski Trip to Bear Valley -February 23, Open Gym - BIS February 22
2. Seniors St .Francis Hotel Tour and Tea - Feb. 27, 1:45 pm
3. Special Events San lose Sharks Night - Saturday March 9; Pac Bell Tour and Lunch - March 13
4. 61° Grade BIS Basketball begins on February 19
5. Arbor Day Washington Park - March 7th
�j-
BURLINGAME PARKS AND RECREATION DEPARTMENT
Collection Report
January 2002
Recreation Division 2001-2002 Z000-2001 99-2000
J2nu2ry rnll Yin rnil Yrn rnu Yin
Key
PP1oa[am
Gross
Refunds
Current Net
(7 MONTH(
(7VMONTHI
(7 MONTH(
00
Rec. Admin.
(104.50)
(104.50)
117.75
1,178.00
3,540.15
10
Advertising
0.00
200.00
1,100.00
0.00
12
Tickets/Books
361.00
361.00
43,689.00
45,314.SO
29,861.86
13
Bldg. Rental
6,434.50
(371.00)
6.063.50
32.568.00
33,839.00
24.493.50
14
Miscellaneous
32.34
32.34
1.121.08
1,497.70
1,693.85
16
Park Permit
475.00
475.00
25.00
1.263.60
562.75
17
School0ist.
0.00
83,312.00
6.954.55
13,866.77
20
Sr. Lunch
216.98
216.98
1 2,318.41
2,421.OS
2,156.51
21
Sr. Trips
2,749.00
(10.00)
2,739.001
8,326.2S
11,497.00
6.113.35
22
ITeens
2,128.00
2,128.00
3,044.00
23
Jr. Teens-
1,750.00
(70.00)
1,680.00
12,682.25
4,240.35
1 4,314.00
24
Senior Surfers
20.00
20.00
922.00
30
Pre-school
35,642.75
35,642.75
70,610.75
71,178.34
51,653.54
31
Pre-Sch. Class•
12.409.00
12,409.00
25,661.30
40
Music
11.016.00
11,016.00
20.345.00
17,632.50
15,493.50
41
Lan . Arts"
4,890.GO
4,890.00
5,484.50
42
Dance Classes
S,454.00
5,454.00
14,159.00
16.146.00
11,795.00
43
Art Sales
0.00
36.75
654.15
854.65
44
Adult Art
21,142.50
21,142.50
46,347.00
40,339.50
35,167,04
45
Culinary
1.581.00
1.581.00
4.522.00
5,825.00
4,907.00
46
Child Art
5,780.75
5.780.75
23,170.75
35.712.50
31,762.00
47
Art Misc.
4.683.00
0 i2.00)
4,571.00
19.955.00
33,280.50
33.848.00
50
An in Park
0.00
11000.00
198.00
150.00
51
Music -Park
0.00
0.00
0.00
0.00
52
Tree Light
0.00
0.00
0.00
0.00
60
So. Int. Classes
11,358.00
11,358.00
24.077.25
37,560.00
44.761.00
61
Rtness
20,544.60
20,544.60
51,415.91
42,019.40
43.055.20
62
Sort Gass-
7,745.00
(79.00)
7,666.00
17,211.60
12,907.75
10.103.00
70
Youth Cams
254.00
254.00
27,477.30
21,439.25
24,811.50
71
Youth Trips
0.00
5,423.00
3.326.00
2,780.00
72
Athl. Cams
690.00
690.GO
11,295.00
15.876.60
24,020.00
73
Teens•
0.00
(166.00)
80
Elem. Sports
(70.00)
(70.00)
31,725.50
1 31.517.00
27.522.50
81
BIS $ orts
1 920.00
(210.00)
1,710.00
43,065.00
42,912.00
41.300.25
82
Tennis Lessons
5.202.00
5,202.00
23,175.00
193S2.00
18,550.00
83
Tennis Courts
222.75
222.75
3,652.50
3,015.00
1,784.00
84
Golf Classes
4,113.00
4,113.00
14,136.00
19,837.00
6,827.00
85
Misc. Spans
267.00
267.00
5,604.50
4,920.00
1,715.00
86
Field Lights
1.650.00
1,650.00
7,430.00
5.508.35
4,127.25
87
Softball
76.00
76.DO
10.866.00
10683.00
11,655.50
88
Basketball
350.00
350.00
5.606.00
51115.00
4,865.00
89
Volleyball
1,687.00
1.687.00
5,268.00
4,645.50
6,376.00
90
Swim Programs
2,590.00
2,590.00
13,009.00
64,057.91
0.00
91
Swim Passes
0.00
653.00
92
Pool Rentals
265.00
265.00
3.469.25
93
BAC
0.00
(291.00)
19,010.00
94
Aquatics Misc.
0.00
185.00
Totals
$175,595.67
$723,885.60
$693,974.00
$546,486.67
Less Refunds
(5922.001
Net
$174,673.67
1 $723,885.60
1 $693,974.00
1 $546,486.67
95 Galf Cards
450.00
450.00
3,600.00
$6,150.00
$0.00
$0.00
(Totals
$175.045.67
(r-H.00I
$175,123.67
$727 485 6n
$700124nn
$546 ncc a7
NLY%' r;rY=_: •31 Ond.dasses from 40,42,45 & 46)
-41 (Ind classes from 47 & 60)
. "*23(lnc. 73 from prev. Reports)
" 62 (Cmbns Mart. Arts, Boat/Sail, Skate)
90-94 (Sep. Aquatics Programs)
City of ]Burlingame - Parks & Recreation Dept.
f 850 Burlingame Ave. Burlingame, CA 94010
phone: (650) 558-7300 • Pax: (650) 696-7216 dp&
tauRIJNGAME recreation(@burlingame.org s.
3 �
lwl�z MEMORANDUM
Date: February 6, 2002
To: Burlingame City Council
Burlingame School Board �pp
From: Randy Schwartz, Director of Parks & Recreation 0�
(650)558-7307
Re: Collaborative efforts between the City of Burlingame and the Burlingame School District
At the City/School Liaison meeting last month, 1 was asked to put together a report of the collaborative efforts between
the City and District. Since the passage of Proposition 13, the Burlingame School District has periodically requested the
City of Burlingame absorb several long-standing District programs or duties. These include such items as providing
crossing -guards, maintaining athletic fields, operating after -school sports programs and conducting after -school classes
such as arts & crafts or music. The City's general fund now subsidizes these programs with approximately $150,000
annually.
In addition to proNiding crossing guards (at an annual cost to the City of $50,000), maintaining each of the District's four
athletic fields and providing recreation programs, there have been several capital improvement projects in the past seven
years where the City has contributed partial or total funding. The City has spent approximately $300,000 in the past
seven years to renovate the athletic fields at BIS and Franklin School (prior to assuming maintenance) and allow for the
installation of the Flooring at BIS' new gym.
Per City policy, the District is allowed to use the City's recreation facilities at no cost and does so on a regular basis. The
BIS Dances use the Recreation Center several times each year, as well as occasional District meetings orjob interviews.
"No Limits", a special program involving BSD and BHS students is also held at the Recreation Center. Not only does the
City offer these facilities at no cost, but absorbs the cost of the custodians, City staff and all utilities. Over the past few
years, the District has not even paid for the damage done to the facility during school dances.
Below is the data on the City's recreation programs that operate in District facilities. Please note the number of
participants and net cost to the City for each of the programs. As the District is considering charging the City rent to
provide indoor facilities for these programs, this report includes the potential fee increase that will be passed along to the
program participants. The section entitled "Other Recreation Programs" includes traditional City programs. The other
sections show program areas that began as District programs and have expanded over the years to meet the needs and
requests of the community. However, the City continues to put on certain programs at the District request. An example
of this is the Summer Day Camp program the City conducted in 2001 for the District's G.A.T.E. program.
The Parks & Recreation Department highly values the relationship between the City and District and recognizes the
tremendous contribution of facility space the District makes to the community's recreational needs. The cooperative
atmosphere between the two agencies has long been of benefit to the Burlingame Community, with thousands of students
participating in positive, healthy programs of an athletic or educational nature. Care should be taken to ensure that any
major change in this relationship is not to the detriment of the community the City and District both serve.
Q_/;
Collaborative efforts between the City of Burlingame and the Burlingame School District
February 6, 2002 — page 2
Recreation Programs Using Burlingame School District Facilities
4"/5'h Grade Sports
Panic. Practice & Game Facilities
Indoor Usage
Current Fee
Fee w/ Rental
Flag Football
107 Fields: 2 City, 3 BSD
$55
$55
Volleyball
59 Practice: City/BSD outdoor courts
$55
$93
Indoor practices C3a Frank./Wash.
33 hrs./year
Games played in BIS Gym 42
20 hrs./year
Basketball
235 5 BSD Gyms, 2 BFIS Gyms
892 hrs./year
$75
$234
No BSD money ix involved in this progranL B.SD involvement is jacilit), use only.
Annual Hours: Liticobi-234; Frmtklitt-182; McKinley-196r Roos.-98; B.LS.-182
City budget - Rev:$32,900 Program Exp:$44,600 Admin:$20,180 Net:($31,880)
60h-81h Grade Sports
Partic.
Practice & Game Facilities
Indoor Usage
Current Fee
Fee w/ Rental
Flag Football
90
Osberg Field
$70
$70
Volleyball
70
BIS Gyms
120 hrs./year
$70
$142
Basketball
370
BIS Gyms
550 hrs./year
$85
$147
Cross Country
35
Various outdoor locations
$50
$50
Track/Field
110
Osberg Field
$55
$55
Tennis
40
City or BHS Courts
$65
$65
Wrestling
14
BIS Gym
24 hrs./year
$65
$137
Bowling
5
Private facility
$40
$40
Golf
15
BGC / Mariner's
$55
$55
Girls' Lacrosse
24
Osberg Field
$65
$65
No BSD money is involved in this program District used to contribute $8,000 jor basketball referees.
City budget- Rev:$63,400 Program Exp:$77,000 Admin:$28,730 Net:($42,330)
After -School Enrichment
Partic.
Practice & Game Facilities
Indoor Usage
Current Fee
Fee w/ Rental
Arts & Crafts
450
Classrooms at all 5 elem. Schools
562 hrs/yr.
$64
S86
Languages
100
Lincoln/McKinley
120 hrs/yr.
$67
$89
Chess
156
Franklin/Lincoln/,McKinley/Roos.
180 hrs/yr.
$62
$84
Skyhawks Sports
100
Franklin/Lincoln/McKinley
(outdoors only)
$43
$43
Private Bsktball Lessons
72
Franklin Gym
80 hrs/yr.
$103
$125
No B.SD money is involved in this progr(rnL 101) involvement is facility use only.
Indoor hours per year: Frcntklin(244), Linclon (340), McKinley(100) , Roosevelt(158), Washingron(100)
City budget- Rev:$60,000 Program Exp:$44,000 Admin:$32,560 Net:($16,560)
Other Recreation Programs
Partic. Practice & Game Facilities
Indoor Usage_ Current Fee
Fee w/ Rental
Summer Basketball 306 BIS Gyms I & 2
208 hrs./yr $75
$104
Open Gym 480 BIS Gym I
16 hrs./yr Free
$2
City budget - Rev:$23,000 Program Exp:$18,800
Admin:$1,000 Net:$3,200
Police, Fire, Rec. Night 50 BIS Gyms I & 2
30 hrs./yr $20
$28
Budget - Rev:S880 Program Exp:$3,700 Admin:$2,000 Net:(S4,820) - Police/Ftre sraffrime not included
Summer Camp (at H.SD site) 112 Gym + 1 Classroom
150 hrs./yr $70/wk
$94/wk
City budget - Rev:S8,417 Program Exp:$3,110 Admin:$2,510 Net:$2,797
SUMMARY # of Participants' # Indoor Facility Hours City Budget Net
4th/5th Grade Sports 401 945
($31,880)
6th-8th Grade Sports 779 694
($42,330)
K-5 Enrichment 806 942
($16,560)
Other Programs 4488 424
$ 1.177
Totals 2,631 3,120
(S89,593)
• # of Panicitmnts includes duplimtal count
BURLINGAME PARKS AND RECREATION DEPARTMENT
Collection Report
January 2002
Recreation Division 2001-2002 2000-2001 99-2000
January COLL YTD COLL. YTD COLL.YTD
Key
Program
Gross
Refunds
Current Net
(7 MONTH)
(7 MONTH)
(7 MONTH)
00
Rec.Admin.
104.50)
(104.50)
117.75
1,178.00
3,540.15
10
Advertising
0.00
2DO.00
1100.00
0.00
12
Tickets/Books
361.00
361.00
4368900
45314.50
29 861.86
13
Bldg. Rental
6 434.SO
(371.00)
6,063.50
32,568.00
33 839.00
24,493.50
14
Miscellaneous
32.34
32.34
1121.08
1497.70
1,693.85
16
Park Permit
475.00
475.00
25.00
1 263.60
562.75
17
School Dist.
0.00
83 312.00
6,954.55
13 866.77
20
Sr. Lunch
216.98
216.98
2,318.41
2 421.05
2 156.51
21
Sr. Trips
2.749.00
(10.00)
2,739.00
8,326.25
11 497.00
6,113.35
22
Teens
2,128.00
2128.00
3,044.00
23
Jr. Teens'
1.750.00
(70.00)
1,680.00
12,682.25
4,240.35
4,314.00
24
Senior Surfers
20.00
20.00
922.00
30
Preschool
35,642.75
35,642.75
70,610.75
71.178.34
51,653.54
31
Pre-Sch. Class'
12.409.00
12 409.00
25,661.30
40
Music
11,016.00
17 016.00
20,345.00
17 632.50
15,493.50
41
Lang.Arts'*
4,690.00
4,890.00
5,484.50
42
Dance Classes
5,454.00
5,454.00
14,159.00
16 146.00
11,795.00
43
Art Sales
0.00
36.75
654.15
854.65
44
Adult Art
21 142.50
21 142.50
46,347.00
40,339.50
35,167.04
45
Culinary1.581.00
1581.00
4.522.00
5,825.00
4,907.00
46
Child Art
5,780.75
5,780.75
23,170.75
35,772.50
31.762.00
47
Art Misc.
4,683.00
(112.00)
4,571.00
19,955.00
33,280.50
33 848.00
50
Art in Park
0.00
1,000.00
198.00
150.00
51
Music -Park
0.00
0.00
0.00
0.00
52
Tree Light
0.00
0.00
0.00
0.00
60
Sp. Int. Classes
11 358.00
11 358.00
24.077.25
37 560.D0
44 761.00
61
Fitness
20 544.60
20 544.60
51.41 5.91
42 019.40
43 055.20
62
Sport Class"`
7,745.00
(79.00)
7,666.00
17,211.60
12 907.75
10,103.00
70
Youth Camps
254.00
254.00
27,477.30
21 439.25
24 811.50
71
Youth Trips
0.00
5,423.00
3,326.00
2,780.00
72
Athl. Cams
690.00
690.00
11,295.00
15,876.60
24,020.00
73
Teens'
0.00
(186.00)
80
Elem. Sports
(70.001
(70.00)
31 725.50
31,517.00
27 522.50
81
SISSports
1920.00
(210.00)
1,710.00
43,065.00
42912.00
41,300.25
82
Tennis Lessons
5,202.00
S 202.00
23 175.00
19 352.00
18 550.00
83
Tennis Courts
222.75
222.75
3 652.50
3,015.00
1,784.00
84
Golf Classes
4,113.00
4,113.00
14,136.00
19,837.00
6,827.00
8S
Misc. Sports
267.00
267.00
5,604.50
4,920.00
1,715.00
86
Field Lights
1,650.00
1,650.00
7,430.00
5,508.35
4,127.25
87
ISoftball
76.00
76.00
10,866.00
10683.00
11,655.50
88
lBasketball
350.00
350.001
5,606.00
5-115.00
4,865.00
89
Volleyball
1,687.00
1,687.001
5,268.00
4645.50
6,376.00
90
Swim Programs
2,590.00
2,590.001
13,009.00
64,057.91
0.00
91
Swim Passes
0.00
653.00
92
Pool Rentals
265.00
265.00
3,469.25
93
BAC
0.00
(291.00)
19,010.00
94
Aquatics Misc.
0.00
185.00
Totals
$175 595.67
$723 885.60
$693 974.00
5546 486.67
Less Refunds
($922.00)
Net
$174,673.67
$723,885.60
$693,974.00
$546,486.67
NM'' KEYS;, *31 (Ind.dasses from 40,42,45 & 46)
TM41 (Ind classes from 47 & 60)
"`•23(Inc. 73 from prev. Reports)
" 62 (Cmbns Mart. Arts, Boat/Sail, Skate)
90-94 (Sep. Aquatics Programs)
J .=
a
CITY OF BURLINGAME
PARKS & RECREATION DEPARTMENT
850 Burlingame Avenue, Burlingame, California 94010.2899
Telephone (650) 558-7300 Parks / Trees (650) 558-7330
Fax (650) 696.7216 E-mail: burlrec@aol.com
February 8, 2002
Burlingame Park and Recreation Commissioners
Burlingame, CA 94010
RE: ARBOR DAY
On behalf of the Burlingame Beautification Commission, I would like to invite you to our 24' annual
Arbor Day "tree Planting Program, which will be held at Washiagroa Park, 850 Burlingame
Avenue. Arbor Day Ceremonies will take place on Thursday, March 7, 2002 a1 10:00 am. with
the tree planting immediately following. As in the past, representatives from each of the schools have
been invited to participate in this program.
The Beautification Commission and I believe that this program offers a significant opportunity to
acquaint students with some of the principles of environmental conservation and at the same time
enhance a piece of public land. I hope you will attend and help us make this a successful program.
You are also invited to attend our annual Spring Garden Seminar on Saturday, March 23, 2002 at
the Burlingame Recreation Center.
Sincerely,
-Pint Richmond
Parks Superintendent
Enclosure: Map
T +.
4�� CITY o^ STAFF REPORT
'URUNGAME
TO: HONORABLE MAYOR AND CITY COUNCIL
DATE: December 18, 2001
FROM: Randy Schwartz (558-7307)
SUBMITTED
BY
APPROVED
BY
AGENDA
ITEM # _
MTG.
DATE
SUBJECT: PARKS &c RECREATION COMMISSION'S REPORT ON THE
FEASIBILITY STUDY FOR RECREATIONAL FACILITIES
RECOMMENDATION:
It is recommended that the City Council accept and consider the Community Center Recommendation report
presented by the Parks & Recreation Commission (including the report and attachments of the Teen
Recreational Facility Needs Committee) and give direction to staff on a long range plan for improving the
community's recreational facilities.
BACKGROUND:
In 1996, the City accepted a Masterplan to address the regulatory need of the Recreation Center. In 1997, the
4strooms of the existing facility were brought in line with the Americans with Disabilities Act, but other work
o the facility was postponed until funds were available.
On February 5, 2000, the City Council asked the Parks & Recreation Commission to oversee a feasibility
study to determine the best approach to adding recreational facilities in Burlingame for teenagers as well as for
the general public. DES Architects & Engineers and Callander Associates were hired to assist the
Commission with the feasibility study. DES/Callander concluded that the area in or around the southwest
comer of Washington Park was the best location for new facilities because of its proximity to Burlingame
Avenue, transportation, Burlingame High School, recreational opportunities within Washington Park, the
Burlingame Aquatic Center, etc.
During the early phases of the feasibility study, several plans were presented by the architects to show how
new facilities for teens could be added within Washington Park. Though no one plan was ever adopted or
recommended from this phase, the basic site location and rationale (impact on the neighborhood, value of park
land, preservation of the trees, intergenerational facility uses and the synergy of adjacent recreation program
areas) was established as well as the ground work for comparing the issues of dealing with a single or split
facilities. However, several issues also became clear through this process, including the lack of parking for
the existing facility, the need for parking for new facilities, traffic and safety along the Burlingame Avenue
area and the need to preserve the Lions Hall.
During this study, a citizens advisory group (Teen Recreational Facility Needs Committee) was formed to
bring the variety of community interests to the forefront. The Committee developed criteria (attached) that
r vould best meet the interests of the many different community groups, including the teenagers, senior citizens,
r he Washington Park neighbors, the Historical Society, Parks & Recreation Department programs, local
business owners, parents, etc. The Committee also gave its consensus to a plan that would fit all of the
developed criteria. The final price tag for this option (listed at $26 million) was never fully determined, with
` •• o CITY OF BURLINGAME
„a PARKS & RECREATION DEPARTMENT
850 Burlingame Avenue, Burlingame, California 94010-2899
l Telephone (650) 558-7300 • Parks / Trees (650) 558-7330�
Fax (650) 696.7216 • E-mail: burlrec@aol.com
To: Burlingame City Council
From: Parks & Recreation Commission
Date: November 16, 2001
Re: COMMUNITY CENTER RECOMMENDATION
Commission's Recommendation
The Parks & Recreation Commission voted 7-0 on November 15, 2001, to approve the following
motion:
"The Parks and Recreation Commission concurs with the recommendation of the
'Peen Recreational Facilities Committee and supports the proposed community
center location parameters and the concept sketch for locating the future
community center in the south west corner of Washington Park and additional
properties across Burlingame Ave. and fronting East Lane. The Commission
further recommends that Option #3, which would locate the future community
( center completely outside Washington Park on properties across Burlingame Ave.
and fronting East Lane, be explored as cm option and is even more responsive to
the location parameters and the interests identified by the teen facilities
committee. "
Background
For the past 18 months, the Commission has been examining the feasibility of constructing
recreational facilities for teenagers. As part of that process, the City hired consultants and the
Commission has held several public meetings on the subject.
Due to the controversial nature of the project, the Mayor and City Manager appointed 14
citizens, representing many different segments of the community, to a committee to help
examine the issue. This committee met nearly a dozen times, visited several facilities and
received much input from City staff and recreation professionals from neighboring cities. The
Committee developed criteria (see attached sheets) and reached consensus on a plan to meet the
recreational needs of teens and the Burlingame Community, at its August 16, 2001 meeting.
Attached is the Committee's report that defines the developed criteria, as well as the plan agreed
to by the Committee. A summary of the developed criteria is:
✓ New facilities for teens and seniors, plus upgrading of the existing facilities
✓ Location — proximity to Burlingame Avenue, transportation, Burlingame Aquatic
Center, Washington Park, etc.
✓ Preservation of Washington Park — maintaining or increasing the Park's acreage,
number of trees and open/passive areas
✓ Lessening the impact of the surrounding neighborhood — traffic, noise, parking, etc.
✓ Operational efficiency for recreation programs — close proximity for program areas
the missing costs being the relocation of two Washington Park tennis courts and the relocation of a majority of
e the Parks Yard. This plan is attached as Option #1.
At the conclusion of the Committee's work, the Parks & Recreation Commission held two public hearings on
the issue. During these public hearings, the Commission heard from many in support and many in opposition
of Option #1. The opposition predominately came from the tennis public (who argued the impact on the
Washington Park courts was too great) and from neighbors asking for the tennis courts not to be relocated near
their homes.
In response to the Committee's criteria, the discussions about the tennis courts and questions from the
Commissioners, the architects developed two additional options. The Commissioners are recommending
Option #1 and Option 43 to the Council, but feel that Option #3 best addresses the needs of the entire
community. Subsequently each member of the Committee has added his or her support for Option #3, a plan
that was developed after the Committee meetings concluded.
Staff agrees that Option 93 best meets the needs of the Burlingame Community. The Option adds new
facilities for teenagers and for senior citizens, improves the recreational facilities for the entire community,
addresses the current and future parking issues, eases the traffic and noise impacts of the surrounding
neighborhood, creates new open space in Washington Park, and maintains the facilities for tennis players.
While an initial look at the architect's estimate for this project of $29 million may seem excessive, the actual
cost of facility construction, $9 million, is in line with what the City spent on the Library and California Drive
Fire Station. The remainder of the costs will provide an extra acre of open land to Washington Park and 145
new parking spaces allocated to the City's recreation facilities. This proposal also eliminates the need for the
City to address approximately $3 million in seismic and fire regulatory issues with the existing Recreation
1—,enter.
ATTACHMENTS:
• Parks & Recreation Commission Report
• Options, including features and cost estimates, developed by DES Architects & Engineers
• List of Primary Interests
• Location Parameters
• Final Report of the Teen Recreational Facility Needs Committee
BUDGET IMPACT:
If Council decides to proceed with plans for a new Community Center, the budget impact will be up to
approximately $29 million. If Council decides not to proceed with plans for new facilities at this time,
approximately $3 million will be needed to bring the existing Recreation Center in line with seismic and fire
regulations. Either way, the funding will need to be part of the Capital Improvement Program prioritization
discussions.
The main components of the Committee's plan are:
✓ a 20,000 sf facility on two tennis courts in the southwest corner of Washington Park,
✓ the purchase of the property at 270 east lane to provide an additional 19,000 sf of
program space next to the Park,
✓ the relocation of the two tennis courts to the Parks Yard,
✓ the return of the Recreation Center site to open space,
✓ the purchase of properties across from the park to be used for parking, and
✓ the replacement of the Parks Yard north of Broadway.
While this plan meets all of the established criteria, and would be a great improvement over the
current recreational facility, it also leaves a couple of questions unanswered and created a small
amount of controversy. Several members of the public expressed their concerns about the tennis
courts to the Commission. These comments included the need to keep four contiguous courts,
not losing two courts and not lighting courts at Burlingame High School as compensation to the
tennis conununity. The plan also does not indicate a location or expense for the replacement of
the Parks Yard and only adds 105 new parking places to the area.
At the November 15a' Commission meeting, the architects presented a new plan (Option 93) that
was based upon the Committee's criteria, input received from the public and questions from the
Commissioners at the prior meetings. Option 43 calls for:
✓ the purchase of the same properties across from the Park as in the Committee's plan,
✓ the construction of a 32,000 sf facility in a 3-story format (one level below ground)
and a 3-level parking structure on the newly acquired property, and
✓ the return of the Recreation Center site to open space.
The Commission supports Options # I and #3, but noted that Option 43 may be more responsive
to the needs of the community than # 1. Option 93 was not developed until recently and therefore
was not available to be considered by the Committee at its meetings. At the November 15's
Commission meeting, half of the Committee members were present and each acknowledged their
support for Option #3. Some of the additional benefits of this new plan include:
none of the tennis courts are displaced, nor need replacing elsewhere in the
community,
the City does not have to move the Parks Yard to a new location as part of this
project,
more open space in the Park due to no recreational buildings within the Park,
no obstructed sight lines into the Park from the train station area, and
the addition of 145 new parking places to the area.
The Parks & Recreation Commissioners are pleased to provide this recommendation to the
Council and are available for any follow-up assistance the Council may require. At the next
Commission meeting, facilities for teens in the interim will be discussed.
The Commission would also like to acknowledge and thank the members of the Committee for
their tremendous work and service to the City.
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CITY OF BURLINGAM.E
COMMUNITY CENTER
OPTION I
1. FEATURES
• Acquire lots at Burlingame & myrtle and 270 E. lane building
■ Delete two western tennis courts
■ Build new 2 story activity & teen center bldg in park
• Renovate 270 E lane building to become arts & education facility
■ Build new parking lot at Burlingame & myrtle lot
• Build new parking spaces along railroad (east lane)
■ Provide lighting at 4 tennis courts at BHS
■ Add picnic tables near BHS tennis courts
■ Uprade & improve 2 tennis courts at BIS
■ Demo existing rec. building & replace with aprox 1 acre new park
■ Add 2 tennis courts at park yard
2. COST ESTIMATE
item
cost
I
Acquire myrtle ave
$2,750, 000
2
Relocation cost
$100,000
3
Acquire 270 E lane
$11,800;000
4
Relocation cost
$2,000,000
5
Demo 2 tennis courts
$60,000
6
Build new activity & teen center
$5,000,000
7
Renovate 270 E lane
$2,000,000
8
Build new parking lot at myrtle
$200,000
9
Build new parking spaces at RR
$50,000
10
Provide lighting at 4 BHS courts+site
$145,000
11
Upgrade 2 courts at BIS
$200,000
12
Demo existing rec bldg
$200,000
13
Build new park land
$1,500,000
14
Demolish Park yard warehouse
$50,000
15
Build 2 tennis courts and restrooms fac.
$300,000
TOTAL $26,355,000
NOTE: The price does not include land acquisition or build
a new Parks Corporate yard.
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CITY OF BURLINGAME
COMMUNITY CENTER
OPTION 3
1. FEATURES
■ Acquire lot at Burlingame & myrtle and 270 E. lane building
■ Demo 270 E lane building.
■ Build I new facility and 3 level parking garage at combined lots
■ Leave tennis courts as is
■ Demo existing rec building & replace with aprox I acre new park
2. COST ESTIMATE
item
cost
I
Acquire myrtle ave
$2,750,000
2
Relocation cost
$100,000
3
Acquire 270 E lane
$1 1,800,000
4
Relocation cost
$2,000,000
5
Demo 270 E lane
$150,000
6
Build new combined facility
$8,750,000
7
Build new parking garage
$3,200,000
8
Demo existing rec bldg
$200,000
9
Build new park land
$1,000,000
TOTAL $29,950,000
11/19/01
Callender
Associates
List of the Primary Interests that NVere Considered by the Teen Facility Committee
In addition to the obvious need to respond to the request to develop a recommendation to
provide for the recreational facility needs of teenagers, the committee members brought a
number of other interests to the discussion and formulated a decision process.
1. Preservation/enhancement of natural beauty and passive areas of Washington
Park.
2. Transportation - maximize ability to gain access on public transportation.
3. Traffic and parking - provide adequate parking to avoid undue impacts on the
adjacent neighborhood streets and minimize the traffic impacts on adjacent
single-family properties.
4. Safety - to ensure maximum level of sense of safety for all members of the public
that would utilize the facility as well as neighboring properties.
5. Preservation of historical resources - avoid any negative impact on existing
historical facilities.
6. Proximity to other team destination points - easy walking distance to other
destination points desirable to teenagers.
7. Teen ownership - ensure to provide a sense of teen ownership to maximize the
potential success of attracting and serving the targeted teens.
8. Financially responsible.
9. Operational efficiency.
10. Address the needs of those displaced i.e. tennis players.
Obviously there are any number of the additional options that could be considered.
However those options should be weighed against these various interests that were
expressed by a significant number of residents in the community during the original
public hearing process and were represented by one or more members of the 14 member
committee. For example, there certainly are both less and more expensive options that,
however, they would result in a significantly reduced response to other interests, such as
preserving or enhancing open space in Washington Park. Another obvious option of not
adding any more recreational facility square footage would be very responsive to the
interests of preserving Washington Park and being fiscally responsible it would be
completely unresponsive to the interests expressed by teens and many others for more
recreational facilities. While the committee knows and understands that there are many
members the community who will continue to believe that there are better alternatives,
they are unaware of any option that in their assessment was more responsive to the
various legitimate interest that they were asked to consider in developing the
✓ recommendation.
[ Summary of the Community Center Location Parameters
�J (As Recommended by the Teen Recreation Facility Needs Committee)
1. An increase in square footage of space, up to an additional 19,000 square feet, is
needed to better provide for the recreational facility needs of teens and other members
of the community.
2. Washington Park should not be used as the site to respond to the need for
additional square footage, however, future relocation of the existing recreational
building square footage should be in the southwest corner of the park and no greater
that 20,000 square feet.
3. Meeting the additional square footage facility needs could be achieved as part of a
campus type approach such that the square footage in excess of 20,000 square feet
should be outside the park but preferably with in 300 feet of southwest corner of
Washington park.
4. Future modifications to Washington Park to accommodate for recreational facility
needs will be done in a way that provides one acre or more additional open/passive
space in Washington Park adjacent to the core open/passive area behind the current
Rec Center.
5. Additional recreational facility needs should provide adequate parking on the
same basis as is required for all other facilities in Burlingame, but no more parking
should be placed in Washington Park. To maximize sense of safety for the public no
underground parking will be allowed. Any added parking in the neighborhood must
I be compatible with a residential neighborhood.
v 6. The additional facility space should be near other popular teenage destinations
such as Burlingame Avenue and Burlingame High School, and it should minimize the
user and vehicle traffic impact on the single-family neighborhood surrounding the
Washington Park.
7. Avoid need for additional investment of financial resources in the existing
community center, which is seen as limited in its ability to adequately meet the long-
term community recreational facility needs.
8. Provide for the community tennis demands by replacing any reduction in tennis
courts.
9. No mature trees in Washington Park should be removed, especially heritage and
redwood trees.
10. The historic features of Burlingame and Washington Park, namely the Lion's Hall
and Burlingame Square, will be preserved.
For more detailed information on the Teenage Recreational Facility Needs Committee
recommendation see the September 20, 2001 Final Report and Recommendation.
U
From: Teenage Recreational Facility Needs Committee
Ed Lanos and Charles Voltz, Co -Chairs
Subject: Final Report and Recommendation
Date: September 20, 2001
I. Background
While the idea that Burlingame should have a new Teen Center is not new, it gathered
momentum a few years ago as a result of the `Burlingame Together" conferences. Support for
the idea grew as candidates for the City Council pledged their support for a Teen Center. The idea
moved closer to fruition when'the Parks and Recreation Commission held a series of public
meetings at which it established a set of criteria, considered a number of potential sites and
commissioned a set of concrete plans from architects and consultants, most of which involved
major construction of new facilities and underground parking in Washington Park.
These plans became a matter of public controversy, mainly as to the size and location of
the proposed facilites and their potential impact on Washington Park. In early April the Mayor
appointed this Committee which represents the entire spectrum of stakeholders in the decision.
The charge to the Committee was given by the City Manager:
"The scope of the work of the committee is to develop a recommendation for
consideration by the Parks & Recreation Commission and the City Council as to
how to best provide a facility to meet the teenage recreational needs of the
community. Such a determination should include consideration as to whether it is
best to build/improve a separate building, or provide a facility space as part of a
plan for a long-term community center. In addition, consideration should be given
as to how such a facility might enhance or detract from our ability to meet the
recreational needs of the rest of the community including our senior citizens. Any
approach that would involve Washington Park needs to consider how it would fit
into the park as a whole in the long term."
With facilitation throughout by staff of the Peninsula Conflict Resolution Center, the
Committee decided to hold its meetings in public and to make its decisions by consensus. After
nine lengthy and spirited meetings, on June 1 Ith the Committee narrowed the options it wished to
consider in detail to a few potential sites, asked for detailed analysis of these options by the City's
architects and consultants, and made a Progress Report to the Mayor at the City Council meeting
on June I Sth (see Addendum I). The requested detailed analysis of the options was presented to
and reviewed by the Committee at its meeting on July 30th. At its meeting on August 16th the
Committee reached unanimous consensus on the following recommendation. Thus, what began as
"Burlingame Together" had come full circle to a `Burlingame Together" conclusion -- this time
v� including representatives of all community groups with a stake in the outcome.
1
II. The Committee's Unanimous Recommendation
There are five interrelated components to the Committee's recommendation:
1. Build a new Community Activity and Teen Center in Washington Park on
the present location of the two tennis courts nearest the Burlingame Train
Station. This building would be a two-story building of 20,000 square feet
facing Carolan Avenue. It should have a separate entrance for teens and .
contain specific facilities for teens as well as facilities that would be shared .
by all members of the community, including multi -purpose rooms, a 7,500
square foot gymnasium, a weight room, dance/aerobics classroom, and other
facilities focused on physical activities. There would be a convenient drop-
off zone in front of the building.
2. Acquire and convert the nearby .building- located at 270 East Lane into*a
Community Learning and Art Center at which would be located general
purpose meeting rooms, classrooms for classes (other than physical activity
classes), arts and crafts facilities, and offices for staff of the Parks and
Recreation Department. This building is a one-story building of about 19,000
square feet that has two entrances, one on East Lane and one on Myrtle
Avenue. A unique and valuable feature of this building is roof -top parking
for about 53 cars.'
3. Relocate the two displaced tennis courts to the space in Washington Park
currently occupied by the Parks Department maintenance yard. This
maintenance yard would be relocated to another location, preferably at or
near the City's corporation yard on North Carolan Avenue. Placing these
two tennis courts in this location would still leave ample room for whatever
equipment is needed by the Parks Department for maintenance of
Washington Park.
4. Acquire adjacent properties for surface parking needed to serve the new
combined facilities. These properties would include four older buildings
consisting of two small apartment buildings and two single-family residences
that are located on the south side of Burlingame Avenue between the so--
called "Candy Store" (former Oldsmobile dealership) and Myrtle Avenue. In
addition, the City would need to acquire the rights to 10-20 parking spaces
on the railroad right of way along East Lane.
5. Restore to green space the space now occupied by the Recreation Center
which would be tom down once the new facilities are ready for occupation.
In addition, the park space currently used as a parking lot for employees
assigned to the Park Department's maintenance yard would be restored to
green space. Taken together, these would result in a gain of approximately
one acre of passive green space to Washington Park.
' If, for any reason, this building proves unsuitable or unavailable the City should consider acquiring other
property along East Lane that could serve the same purposes.
Details of the cost estimate and parking analysis for each of the final options considered by
the Committee at its August 16th meeting are contained in the "Summary of Recreational Facility
Options and Their Elements" (Addendum U).2 Except where noted, the cost estimates are based
on data provided by the City's architects and consultants, and resulted in all of the final options
(other than Option 4) being considered to be essentially the same cost because the difference
between them was within the estimates' margin of eiior.
M. Measuring the Recommendation Against the Committee's Key Criteria
Before finalizing its consensus decision, the Committee reviewed it against the key criteria
it had established in prior meetings. In no particular order of importance these are the key criteria
and the considerations relating to them:
Transportation: The proposed Community Activity acid Teen Center and Community
Learning and Art Center are close to all foams of public transportation serving Burlingame. They
are also served by the after -school SamTrans busses that transport students from Burlingame
Intermediate School to the Burlingame Train Station and the neighborhood east of it. Because
these busses are presently fully utilized, the Committee believes that additional busses would need
to be added to accommodate the BIS students who wish to come to the Teen Center after school
but do not live near it. The Committee also suggests that the City consider additional shuttle bus
service both for teens and senior citizens.
Traffic/Parking: Providing adequate parking proved to be one of the most difficult
challenges for the Committee. The Committee used the rule -of -thumb formula of 4 parking spaces
for every 1,000 sq. feet of building space recommended by the Planning Department. There were
strong objections by some committee members to underground parking, particularly in 1
Washington Park, based on both safety and aesthetic considerations, and lesser objections to
parking structures in or near Washington Park based on the same considerations. The
Committee's recommendation provides for all surface parking except for the 53 parking spaces on
the roof of the 270 East Lane building.
Traffic along Burlingame Avenue should be improved along Burlingame Avenue between
the present Recreation Center and Myrtle Avenue, but will likely become more congested
between Myrtle Avenue and Carolan Avenue. Similarly, traffic along Carolan Avenue will be
increased and steps should be taken to mitigate that, especially during peak traffic periods relating*
to the Burlingame Train Station and Burlingame Hgh School. The Carolan Avenue location
should be better able than the present Rec Center location to handle the numerous busses that can
be expected to arrive at the facility from time to time.
Safety: A safety comfort level is important for all citizens, but particularly for individuals
with disabilities, teens, women and seniors. The central location near the Burlingame Train
Station promises to provide the kind of safety for the proposed facilities that is associated with
busy, well -lighted urban spaces. As noted above, all of the parking provided is surface parking
which most people consider the safest kind of public parking if it is well -lighted at night. Removal
2 The Committee's recommendation is designated as Option 2-C in this document. A site map of
Washington Park with the Community Activity and Teen Center'located at the two tennis courts nearest the
Burlingame Train Station is Exhibit F to Addendum II.
of the present Recreation Center will allow the Burlingame Police Department patrol cars to see
into the park area behind the Recreation Center at night, which is not now possible.
Preservation of historic sites: Both the historic Lion's Hall and the Burlingame Square
surrounding the Burlingame Train Station are preserved under the Committee's recommendation.
Preservation of green space/open space: As noted above, the Committee's
recommendation will result in the.gain of approximately an acre of green space in Washington
Park, thereby expanding the "critical mass" of quiet and peaceful space in the Park. The
availability of this space to the general public should become increasingly important as housing
density and the number of residents living in apartments, condominiums and town houses
increases. There should be no loss of mature trees in Washington Park
Proximity to other teen activities/schools: The new,facilities recommended by the
Committee are within easy walking distance of both Burlingame High School and St. Catherine's
Elementary School (7th and 8th graders). They are also easily accessible to Burlingame Avenue
and the Burlingame Library which are popular destinations for teens and their parents. The
facilities are, however, almost three miles from Burlingame Intermediate School where it is
expected that the majority of the users of the Teen Center will come from. Mercy and Mills High
Schools and Our Lady of Angels Elementary School (7th and 8th graders) are similarly distant. As
noted above, this may require providing additional transportation.
Teen ownership: The proposed Community Activity and Teen Center will provide
separate areas that teens can call their own, as well as facilities that will be shared with other
( members of the community. In addition, it is expected that the planning and operation of the Teen
v Center.vvill have significant teen involvement.
Financial cost: The total cost of this project is estimated to be about $20 million. (see
Exhbit B to Addendum II).3 This does not take into account the $2-3 million dollars that is the
estimated cost of retrofitting and remodeling the existing Recreation Center, which funds could be
applied to the cost of this project. This, however, could be offset by the cost of relocating the
Parks maintenance yard from Washington Park to the City's corporation yard or nearby location.
Operations of facility: Although the Committee understood staffs preference for a single
multi -use facility of 35,000 - 40,000 square feet, it felt that the height and bulk of such a facility
was much too large for Washington Park. But by locating one of the two proposed buildings
outside of the Park yet within a few hundred feet of the building in the Park, and providing multi-
purpose facilities within them, this would help address the staffs concerns as to operational
efficiency and programming while at the same time minimizing impacts on the passive areas of the
Park. In addition, our recommendation achieves the synergy benefit of having numerous related
recreational facillities, including all those in Washington Park and on the campus of Burlingame
Hgh School, located nearby.
City ownership/land acquisition: The proposed facilities are a combination of City -
owned and nearby privately -owned land. While the acquisition of such private property involves
3 As noted in Exhibit B to Addendum II, the cost estimate for acquisition of the 270 East Lane property
needs to be confirmed, sooner rather than later, by an independent appraisal. Similarly, the structural
soundness of the building should be confirmed by architects retained by the City.
0
Additional expense, the Committee was concemed that adding an additional 15-20,000 square foot
building (about the amount of floor space in Mollie Stone's Burlingame Store °) inside Washington
Park, with the related additonal people and parking that come with it, could upset the delicate
balance that presently exists between recreational and peaceful areas of the park. '
Replacement costslopportunity'costs: This factor refers to the replacement or
opportunity costs that would have been incurred under otherproposals if certain peaceful areas of
Washington Park had been used for other purposes or negatively impacted. However, the
Committee's recommendation would result in the gain of about an acre of peaceful green space to
Washington Park, so this now becomes a plus factor since the recovery of such prime park space
near downtown Burlingame would be worth millions of dollars in today's market.
The Committee believes and hopes.that its recommendation to relocate two tennis courts
elsewhere in the Park adequately addresses the removal of two of the four tennis courts from their
present location.
Impacton'neighborsc .The neighborhood surrounding the public areas east of Carolan
Avenue between Oak Grove and Burlingame Avenue is probably the most heavily impacted
residential neighborhood in Burlingame. Acquiring the 270 East Lane building, rather than
building new facilities in Washington Park (or neighborhood) with the same square footage,
should reduce the neighborhood impact that would otherwise occur. Only the users of that
building would change; the building itself and its roof -top parking remain the same and thereby
would not add to neighborhood impact. Locating the new recreational facilities near Carolan
Avenue will further reduce the impact of these facilities on both Washington Park and the
surrounding neighborhood.
Relocating two tennis courts to the space presently occupied by the Park Department
maintenance yard should have minimal impact on the nearby Lexington Avenue neighborhood
since these tennis courts will be adjacent to the present courts of the Peninsula Tennis Club.
Matching facility with space available (not oversized): By limiting the size of the
proposed Community Activity and Teen Center to 20,000 square feet and locating it across from
the Burlingame Train Station, the scale and footprint of the building will be compatible with
Washington Park and nearby buildings. This will provide an opportunity for architectural and
landscape design of the building and surrounding area that would make an attractive visual
statement and entry to Washington Park.
Matching facility size with programmatic expectations: The proposed Community
Activity and Teen Center and the nearby Community Learning and Art Center will, between
them, provide about 39,000 square feet of floor space for the community's indoor recreational
programs. This should be sufficient to meet the varied recreational needs of teens as well as other
Mollie Stone's Burlingame store has a 2-story height and a floor area of 18,000 sq. R in the main part of the store
with another 1,000 sq. ft in the deli area. The area of the two tennis courts on which the new Community Activity
and Teen Center would be built is about 17,000 sq. ft. That new 20,000 sq. ft. building will probably have
something close to a 15,000 sq. ft, first floor including a 7,500 sq. ft gymnasium that would have a 2-story height,
and the building would have a second floor of about 5,000 sq. R The result would be a 20,000 sq. ft. building that
would be two -stories in height for about 12,500 sq. ft. (83%) of its approximate 15,000 sq. ft. footprint. The final
configuration of the building can of course vary from these approximations by up to a few thousand square feet,
plus or minus. -
5
youth, adults and senior citizens through flexible programming and
rooms and facilities.
IV. Remaining Concerns
shared use of multi -purpose
In the course of the Committee's deliberations, a number of items came up that the
Committee felt were beyond the scope of its charge and/or matters on which consensus could
probably not be reached within our time constraints. Eventually, as a way to allow the
Committee's work to proceed, it was agreed that we would include these concerns as part of our
final report. It is important to note that while the degree to which Committee members shared
these concerns varied from a few to many members, nonetheless we felt it important to share
these concerns with the Commission and the Council.
Need For a Teen Center:. While clearly most of the Committee were convinced (albeit
for varying reasons) that there was a need for a Teen Center like the one it now recommends,
some members believed that the need for such a facility had not been adequately demonstrated
because, they felt, earlier surveys were dated and not well designed to demonstrate needs rather
than wants. A possible option that might alleviate these concerns would be if specific questions on
this issue addressed to both parents and teens were included in a professionally designed
community survey that we understand the City is contemplating conducting later this year.
Transportation to and from Teen Center: The location of the proposed Teen Center in
Washington Park is premised in part on the assumption that the large portion of Burlingame's teen
( populaton who attend school and/or reside in the northern half of the City will be able to travel to
�J and from the Teen Center conveniently. Several members of the Committee believe, while others
are skeptical, that expanding the SamTrans after -school bus service from Burlingame Intermediate
School to the Washington Park area will go a long way toward meeting this need. This question
may deserve further inquiry, as does the Committee's suggestion that a shuttle bus service for both
teens and seniors should be considered. Both these proposals would, of course, involve ongoing
operational costs that could prove significant.
Master Plan for Washington Park and Burlingame Recreational Facilities: The
Committee believes that before the City commits to funding the proposed facilities, a long-term
Master Plan should be adopted by the Parks and Recreation Commission, both for Washington
Park and for the community's overall recreational facility needs. Particular attention in the latter
Master Plan should be given to the. anticipated needs of seniors that will expand as the large Baby
Boomer generation reaches retirement age (60) beginning in 2005.
Programming Considerations: Closely related to the needs issue is the matter of the
kind of programs and activities that will be offered at the Teen Center. While the Committee'did
not feel it appropriate for it to recommend specific programs or activities, it wanted to express the
hope and expectation that programs and activities offered at the Teen Center would be (1)
designed to include individuals with disabilities and, where appropriate, accommodate their
special needs, (2) targeted at "at risk" teens (those without adult supervision during the critical
hours between 3 p.m and 6 p.m_ during school weeks) as well as at other teens; (3) designed to
strengthen and improve life -coping skills and abilities of the participating teens as well as to have
fun and enjoy each other's company; (4) informed by current research and knowledge about
effective programs in other American communities; (5) responsive to the diverse interests of
teens, including but not limited to sports, music, technology, art, drama, dance, nature and
science, fashion, 'etc.; and (6) evaluated objectively, not just by participation numbers, but by.
outcome -based criteria directed to the impact of the program on the lives of its participants. These
hopes and expectations are not meant to suggest that programs for teens should have to meet a
higher standard than recreational programs for others, for the same general approach should be
applicable to all progams offered by the Parks and Recreation Department. But these hopes and
expectations also recognize that the teenage years are critical in their personal development, and
the City should provide them with as much help and support in this process as it can.
Coordination With Other Community Teen Programs: Concerns were expressed by
members of the Committee that the various programs and activities that are available to
Burlingame teens should be coordinated so that they complement, rather than duplicate or
compete with, each other. Two examples that came up in the Committee's discussion on teens'
need for a teen -friendly space to do homework and/or computer research. Some teen members of
the committee felt that the Burlingame Library was not a teen -friendly place to do homework. It
was also noted that the library at Burlingame High School (which has a number of Internet -
connected computers) closed at 4 p.m. because the school district did not have adequaie funds to
staff it for longer periods. These two examples were viewed by the Committee as solvable
problems that with coordination, and perhaps some City funding, could reduce the amount of
space needed in theTeen Center for homework and/or computer stations.
V. Conclusion
\` 7
The Committee was able to achieve a unanimous recommendation on an issue that had
divided the community as a result of its dedication to finding a solution that would meet the needs
of everyone involved. That took hard work, comrnitment to the process, patience and persistence
and, above all, a willingness to respect the views of others and seek common ground. We found that finding the optimal solution was not a zero -sum game or a matter of having to make
compromises so much as it was an ongoing search for a win -win solution that would be best for
Burlingame -- now and for years to come. We believe and hope that is what we accomplished.
As a result of its extensive deliberations, the Committee well understands that there is no
perfect solution to the issues it struggled with, and that its recommendation is not meant to be
free from criticism. But we ask that any critics of our recommendation -- in addition to finding
fault with its particulars -- accept the same challenge and responsibility that the Committee took
on, namely, to come up with a proposed solution that meets the essential needs of the community
and reasonably accommodates the many and diverse interests involved. Only in that way can the
end result achieve the "Burlingame Together" that we all desire.
Members of the Committee
Cathy Baylock - Burlingame Historical Society Representative
Natalie Cirigliano - Youth Advisory Committee
Karen Ditman - Parks & Recreation Commission Member
Joe Galligan - Mayor and City Council Liason
Grant Giliam - BIS Student
Annamarie Holland -Daniels - Burlingame Mothers Club Representative
Frank Hunt - Senior Community Representative _
Ed Larios - Parks & Recreation Commission Chairman
Linda Lees - Burlingame School Board
L. Serenella Leoni - PARCA Representative
Sam Malouf - Neighborhood Representative
Catherine McCormack - Senior"Comn-ission
Chuck Pascal - Lions Club Representative
Charles Voltz - Washington Park Society ciety Representative
Mary Warden - Youth Advisory Committee
K
To: `
Mayor Joseph Gall►gan ., -
From:
Ed Larios and Charles Voltz, Co -Chairs
Teenage Recreational Facility Needs Committee..-.,
Subject: Committee Progress Report
Date:
June 13, 2001
1.
Introduction
At the City Council meeting on April 3, 2001, the Mayor and the City Manager
announced the appointment of the Teenage Recreational Facility Needs Committee
("Committee") whose members represented the various stakeholders who could be
affected by a decision on the kind of facility there should be and where it might be
located. On April 6, 2001, the City Manager outlined for the Committee the scope of its
work.
The Committee held its first meeting on April 18, 2001, and held subsequent meetings on
April 23, May 2, May 9, May 16, May 21, May 31, June 6 and June 1 I — for a total of 9
meetings. Each meeting lasted at least three hours, and was attended by all, or almost all,
of its members. All meetings were open to the public.
The Committee visited the San Carlos Teen Center and heard presentations from the
director of that facility as well as the director of the Red Morton Center in Redwood City.
Some members also visited City -operated teen facilities in Foster City, Redwood City
and South San Francisco.
The meetings were facilitated by staff of the Peninsula Dispute Resolution Center. This
enabled the Committee to decide, as it did at its first meeting, to make its decisions on a
consensus basis, if at all possible. While this process is more time consuming and
requires more of its participants and facilitators, it offers the prospect of decision -making
that is supported by the entire group rather than ending up with a divided majority and
minority.
The Committee worked hard and functioned effectively as a group. It received limited
input from members of the public, had extensive discussions and reviewed numerous
materials. As shown below in some detail, it was able to (1) reach a number of
agreements, (2) decide upon the key criteria and factors it would use in evaluating site
locations, and (3) narrow the options it wished to consider in detail to a few potential
sites.
11.
Committee Agreements to Date (See Addendum A)
III.
Committee's Key Criteria Regarding Location (See Addendum B)
IV.
Narrowing the Options For Detailed Consideration
During the course of its discussions, the Committee identified a number of potential sites
for a teen facility. (See Addendum Q.
At the committee's June 11's meeting, the committee decided to narrow its focus and limit
the options under present consideration to two possible sites so that that the City's
architect consultants could analyze these sites and, if a site appears to be feasible, provide
the committee with site plots, side views, total square footage, footprint and height
`
1
AonFaau� I
dimensions, amount* of parking needed and parking options, and related relevant
information.
A. Each of the two sites selected by the committee had two alternatives resulting in a
total of four options. These two sites and their, respective alternatives are:
1. Site of present Recreation Center in Washington Park
a. New facility limited to or smaller than existing building footprint, but can be
two-story building. Multi -use Community Center with separate teen area and
shared gym.
In. Same as 1(a) — except that some staff offices and adult classes (other
than those using gym facilities) and their related parking spaces, would
be relocated to a nearby satellite facility, which would need to be acquired.
2. City Parking Lot Nat Park Road, the site where the temporary library was
located.' ' . '
a. Multi -use Community Center with separate teen area and shared gym.
b. Teen Center with gym.
B. The method the committee used to narrow its consideration to the two sites it selected
for further review was a straw vote in which each member could vote to support as
many (or as few) of the several options then under consideration. The top two
candidates in this process were tentatively supported by almost everyone (I 1 or 12
votes out of 13 voting members), with a gap between the top two and the remainder.
■ The two runners-up were 1) the Washington Park tennis courts nearest Carolan and
Burlingame Avenues (6 votes), and 2) two facilities, one near BIS/Marco Polo (teen only
without gym) and one in either Washington Park or a City Parking Lot south of Howard
(multi -use community center) (6 votes).
Trailing behind were 3) an interim facility while final decisions are made and any new
facility constructed, 4) BIS tennis courts, and 5) the site on Primrose Road where the
vacant Wells Fargo Bank building is located.
From this expression of general support, the Committee decided by consensus to limit
what we would ask the architects to flesh out to these top two potential sites listed as
A 1 & 2 above.
C. The architects estimate that it will take about 4-5 weeks to prepare the requested
materials and report back to the committee. Accordingly, the committee tentatively
scheduled July 30`s as its next meeting at which it would evaluate the options in light
of the information provided by the architects.
D. While consideration of the foregoing options does not preclude the committee's
consideration of other options if these do not pan out or provide a basis for consensus,
the goal of the committee is that it will do all it can to reach a consensus
recommendation without the need for consideration of other options.
There was no discussion of whether the Park Road facility (other than the gym) should be a one or two-
story building.
01
V. Other Potential Sites Identified by the Committee (See Attachment C)
VI. Need For Further Guidance .-
Some matters arose in the course of the Committee's deliberation which the Committee
believed were beyond the scope. of what it was asked to do. These include the following:
A. The extent to which parents will be willing to have their children go to a teen facility
at either of the selected sites;
B. Assumptions regarding transportation to and from the selected sites; .
C. The potential impact of the selected sites on constituencies not represented on the
Committee; and
D. The need for a Master Plan for Parks and Recreation facilities that would meet the
recreational needs of the entire community while protecting and preserving green
open spaces in City parks. The Committee is not proposing that such a Master Plan
needs to be developed before it concludes its work, but hopes that it would be
developed before construction of any major new recreational facility.
If you would like the Committee to address any. of these matters, that would need to be
clarified for the Committee.
cc: City Manager James Nantell
1. This group wants to meet the needs of teens in our community since doing so benefits
the community as a whole.`_.
2. This group recogruzes"that teen needs include:
1. Places where they feel welcome, included, and encouraged to be themselves.
2. Structured physical, social and educational activities.
3. Unstructured, but safe time together.
3. This group recognizes that meeting teen needs benefits the community. Our hopes
would be that any teen program would:
1. Give teens a safe place to be part of a peer community and also the larger
community (e.g., through programs like community service). .
2. Prevent problems and/or allow the early identification of problems (through well -
trained staff).
4. In order to attract the targeted group, we assume programs will be designed that meet
the users' needs and have particular goals in mind. We recognize that standards and
evaluation methods (e.g., outcome -based methodology) evolve and change over time,
and we do not want teen programs to be held to different standards than those that are
used for other Burlingame recreation programs.
5. Any facility that provides services to teens should be:
a. Attractive to, and accessible and safe for, groups we're serving.
b. Integrated with surrounding area.
C. Flexible for potential usage by compatible groups in community, if facility is
multi -use.
6. Regarding Target Group
Out target group is aged I0.through 18; they live and/or got to school in Burlingame.
We recognize that typical users of a teen facility are between the ages of 10 and 15
(pre -driving) and that different programs -- or even a separate facility -- may be
needed to attract 16-18 year olds. However, we expect any facility developed to be
flexible enough to accommodate the whole age range.
7. Regarding Types of Programs
The group recognizes the need for both structured and unstructured activities that
serve physical, social, educational and emotional needs. Facilities for unstructured
activities might include room for games, computers, TV, lounge, food and a gym.
Facilities for structured activities might include classroom, private rooms for
counseling/tutoring, areas for arts and crafts and drama.
8. Regarding Teen Ownership
Regardless of the facility type, developing teen ownership will be critical to its
success and must be developed in planning stages.
4
9. Interim space for teens should be identified (possible need to lease space) .
•. Will demonstrate to community and especially the teens our commitment to
respond to their.needs;
■ Use the interim time to develop teen leadership, establish teen ownership, and
purchase equipment and programming materials;
• Consider interim option for any recreational facility that would be put out of
commission because of the new.facility; and
• Caution against use of the interim facility as a judge of ultimate use of the new
facility as it will likely be less responsive to full array of teen interests.
5
... •;-.ADDENDUM B
( Committee's Key Criteria Regarding Location
�J These criteria and factors reflect the range of interests that members of the group believe
should be taken into account in determining a location for teen facilities, and are being
used by the committee to assess the options generated. In no particular order, they are:
• Transportation
■ Traffic/Parking
• Safety
• Preservation of historic sites
Preservation of green space/open space .... .
■ Proximity to other teen activities/schools
■ Teen ownership
■ Financial cost
• Operations of facility .
• City ownership/land acquisition
■ Replacement costs/opportunity costs
Impact on neighbors
• Matching facility with space available (not oversized)
• Matching facility size with programmatic expectations
6
ADDENDUM C -
OTHER POTENTIAL SITES IDENTIFIED BY THE CONIlVIITTEE
The list below is taken from a more anotated list of suggested sites submitted by C. Voltz
I. Site Locations That Could Accommodate Facilities For Teens As Well As Others.
A.'City Parking Lot F between Highland Avenue and Lorton Avenue...
B. City Parking Lot N between Park Road and Lorton Avenue.
C. U.S. Post Office Facility between Park Road and Lorton Avenue.
D. Vacant Lot at Trousdale and El Camino Real (northeast corner)
II. Site Locations That Could Accommodate Facilities For A Teen Center
A- Franklin School Campus (adjacent to Burlingame Intermediate School)
B. Ray Park (adjacent to Lincoln School)
C. City Parking Lot H: El Camino Real and Ralston Avenue
D. Vacant Land Along Railroad Right -of -Way at California Drive South of Oak Grove
E. Commercial Center at Oak Grove and Carolan Avenue
F. Commercial Center at Adeline and El Camino
G. Private Parking Lot at South Lane and California Drive
H. Burlingame Avenue Residences Across From Tennis Courts at Myrtle Avenue
I. Burlingame High School Parking Lot - 1
J. Vacant Land Adjacent to Caltrain Tracks at Howard and Myrtle Avenues
K. Donnelly Avenue Buildings East of City Parking Structure and Parking Lot
L. Washingtop School
7
Results of a 6/11/01 Committee group brainstorming session:
I.
Rollins Road Site(s) (3)
2.
El Camino at Trousdale
3.
Combination of SE corner of Washington Park and some property across the
street. (6)
4.
ECR and Ralston Ave. parking lot
5.
Rail right of way near Oak Grove (4) ,
6.
Former Wells Fargo bank site next to Safeway (5) (Ultimately group agreed it
would not be fruitful to spend more time on this option.)
7.
Pershing Park
8.
McKinley School
9.
Bayside Park (3)
10.
BIS Tennis Courts (6)
11.
Pal Care Block
12.
Franklin School (1)
13.
Burlingame Country Club
14.
Roosevelt School
15.
Rail right of way near Broadway
16.
301 Airport
17.
Peninsula Hospital property (4)
Note: ( ) indicates number of committee members that wanted to give more serious
consideration to the option. Absence of any ( ) means 0 votes.
The matrix on the next page was developed by DES the design consultant as part of their
site selection efforts.
8
Recreational Facility Options and Their Elements
Summary of
ption
Location
Functions
Sq. Ft
Parking Spaces
;Parking Spaces
Surface/Above/Below
Est Cost
milli010A)
Needed
4 er 1000 s
I-B
Wash Pk.
All Functions (2-story)
40,000
160
40/99/21=160
$18.0
2-C*
Wash Pk.
Teens & Others (Z-story)
20,000
80
100/53/0=153
$10.0
$11.3"
270 E Ln.
Classes, Offices (&_Srs ?) _
19,000
76
$21.3s
3-D*
Wash Pk
All except teens (2-story)
20,000
80
80/0/0=80
$10.0
$10.57
Park Rd
Teen Center (2-story)
18,000
72
76/99/37=212
Less prior -140
$20.5
Net gain = 72
3-E*
Wash Pk
All except classes & offices
24,000
96
96/0/0=96
$11.0
Park Rd
(2-story)
Learning Center (2-story)$
14,000
56
89/0/63=152
$ 7 4to
Less prior -96
$18.4
Net gain = 56
4
Park Rd
All Functions (2-story)
40,000
160
20/216/121=T
Less prior -
Net gain = 1
Still 30 short
New variations on existing Options are in bold.
Note: Parking space choices are based on descending order of preference: (1) surface, (2) above -ground, (3) below
building, and (4) underground free-standing.
+ Locates Washington Park facility at site of existing Rec. Center. Alternative: Locate new building at site of 2
tennis courts nearest Carolan Ave." Estimated cost for each of these sites would be about $1 million lower due
to elimination of $1.5 million relocation expense; and parking analysis would be about the same.
' See Exh. A for parldng analysis of Option 1.
2 See Exh. A for parking analysis of Option 2-C
a See Exh. B for cost estimate for Community Center facility in Option 2-C
4 See Each. B for cost estimate of 270 E. Lane facility in Option 2-C.
6 Total cost for Option 2-C could be reduced to S20.0 million. See Exh. B at footnote 12.
6 See Exh C for cost estimate and parking analysis for Community Center facility in Option 3-D.
' See Ea h. C for cost estimate and parldng analysis for Teen Center in Option 3-D.
See Exh. D for site map of proposed Park Road Learning Center,
S See Exh. E for cost estimate and parking analysis for Community Center in Option 3-E.
10 See Exh. E for cost estimate and parking analysis for Learning Center in Option 3-E.
c c See Exh. F for site map of Washington Park Stith Community Center located at 2 tennis courts nearest Carolan Ave.
AODEg&MT
Summary of Recfeational
Facility Options and Their Elements
EJMTT A
Parking Analysis for Option 1:
Parking Spaces Needed
160
Surface parking:
Surface space at bldg
10
Lion's lot (1/2 of 60)
30
Total surface spaces
40
Above -ground parking:
Myrtle Ave. 3-level structure
99
Below -ground parking:
Under Community Center
21
Total parking spaces
160
Pa -king Analysis for Option 2-C:
Parking Spaces Needed
156
Surface parking:
Surface space at bldg
10
Lion's lot (1/2 of 60)
30
Myrtle Ave. lot ,
45
RR along East Lane
15
Total surface spaces
100
Above -ground parking:
Roof of East Lane bldg
53
Below -ground parking:
0
Total parking spaces
153
Stllnmary of Recreational Facility Options and Their•Elements
;.: EXHIBITB
Cost Estimates for Option 2-C
Cost Estimate for Community Center in Washington Park:
Community Center
New Bldg - 20,000 sq. ft. 2-story
$5.0
Business relocation
$1.5tz
Site development
$0.5
Total for Bldg
$7.0
Myrtle Ave. parking lot (45 spaces)
Property acquisition
$2.8
Business relocation
$0.1
Site development
$0.1
Total for parking lot
$3.0
Total for Building and related parking
$10.0
Cost Estimate for 270 East Lane Facility:
Property acquisition
(19,000 sq. ft @ $400/sq. ft) $7.813
Remodeling $2.0
Business relocation $1.014
Site development $0.2
Total for building $11.0
Parking along E. Lane RR (15 spaces) $0.3
Total for Building and related parking $11.3
Total for project $21.3
'2 $1.5 million relocation cost could be avoided by phasing project as follows: Phase I: Acquire 270 E. Lane, Myrtle Ave. lot, and Route 66
buildings and remodel them; Phase II: Locate temporary teen center in Route 66 building and relocate all other Rec Center functions into
270 E. Lane bldg when buildings are remodeled; Phase III: construction of new Community Center, Phase IV: Occupy new Community
Center and relinquish Route 66 building Assuming Route 66 building is not leased, it can be purchased for about S 1.8 million and Later
sold, presumably at about the same price. Net cost would be $200,000 remodeling cost. Building has 3,000 sq. ft. on ground floor and 2,000
sq. ft above. Net savings: $1.3 million, which would lower the total project cost to S20.0 million.
13 Comparable property in current market is valued between $350 and $400 per square foot. Architect estimate of $11.8 million was11')d
on sale of property in Burlingame Ave. shopping district at peak of real estate boom. Independent professional appraisal is needed betwe
any final decision
74 Architect's estimate of $2 million seems too high in view of relative ease of relocating occupant of 80% of space (a software company)
in present market.
Cost Estimates for Washington Pk Community Ctr
Parkin Analysis for Washington Pk Community Ctr
Community Center
Parking Spaces Needed
80
New Bldg - 20,000 sq. ft. 2-story
$5.0
Business relocation
$1.5
Surface parking:
Site development
$0.5
Surface space at bldg
5
Total for Bldg
$7.0
Myrtle Ave. lot
45
Lion's lot (1/2 of 60)
30
Myrtle Ave. parking lot (45 spaces)
Total surface spaces
s0
Property acquisition
$2.8
Business relocation
$0.1
Site development
$0.1
Total for parking lot
$3.0
T^`�1 for Building and related parking
LJ
$10.0
Cost Estimates for Park Road Teen Center
Parking Analysis for Park Road Teen Center
Teen Center
Parking Spaces Needed
72
New Bldg - 18,000 sq. ft. 2-story
$4.5
Site development
$0.5
Surface parking. -
Total for Bldg
$5.0
Surface space in Park Rd lot
30
Lorton Ave. lot (existing)
23
Parking under bldg (37 spaces)
$1.0
Lorton Ave. lot (new)
23
Total surface spaces
76
137 Lorton Ave. parking lot (23 spaces)
Property acquisition
$2.0
Above-groundparking:
Business relocation
$0.1
Lorton Ave. parking structure
99
Site development
$0.2
Total for parking lot
$2.3
Below -ground parking:
Under Teen Center
3715
Lorton Ave. parking structure
$2.2
Total parking spaces
212
Less existing spaces
-140
Total for Building and related parking
$10.5
Net gain
72
15 Parldng under building could be controlled by electronic card access and limited to staff employees, instructors and teens registered at
the Teen Center.
z
-'eational Facility Opfions and Their Eleidents
EXHIBIT E
inmunity Ctr
Parking Analysis for Washington Pk Community Ctr
T
Parking SpOs Needed .96
$6.0
. ........
Surfacep' parking:.' arki
Sinface space at-bl dg 10
$0.5
Ave.loc
Myrtl6'i" 45
$8.0
Lane
_East
Lion's lot (1/2 bf 60) 30
2.W
$2.8
Total surface spaces 96
$0.1
$0.1
33.0
$0.2
11.2
Parking Analysis for Park Road Learning Center
Center
Parking Spaces Needed
56
53.5
Surface parking.
M.5
Surface space in Park Rd lot
43
N.0
Lorton Ave. lot (existing)
23
Lorton Ave. lot (new)
23
;1.3
Total surface spaces
89
Above-groundpa7*jl7g:
0
;2.0
;0. 1
Below ground parking:
L_ 0.2
Under Learning Center
6316
:2.3
Total parking spaces
152
Less existing spaces
96
;7.6
Net gain
56
EXMBIT E
- -------------
2
Z)
ctronic card access and limited to stall' employees, instructors and persons registered
ii
film
06'
------------- -
SO
I
:w)
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 JV
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.
{Bleat is the purpose of the Brown Act?
Section 54950 puts it simply: "►t 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/coimnission
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 "ateeting"?
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 question about a possible "closed
session" arises, please contact this.office.
l 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 reeular 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 cm 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.
e� ?
City Boards and Commissions
Re: Ralph M. Brown Act
January 18, 2002
Page 4
What is a "study meeting"2
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 board orcommission would like to discuss the Brown Act orotheraspects ofconductinga 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 sovereignly to the agencies which serve them. The
people, to delegating authority, do not give their public servants the right to decide what is good
for the people to know and what is not good for them to know. The people insist on remaining
informed so that they may retain control over the instruments they have created.
§ 54950.5. Title
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 thaf 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
U
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) Except as authorized pursuant to Section 54953, any use of direct communication, personal
intermediaries, or technological devices that is employed by a majority of the members of the
legislative body to develop a collective concurrence as to action to be taken on an item by the
members of the legislative body is prohibited.
(c) Nothing in this section shall impose the requirements of this chapter upon any of the following: 1
(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 ofthescheduled 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
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 given to each member of each legislative body all or a
maj.ority 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
telleconferencing 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 or proceeding, and each teleconference location shall be accessible to the public. During
the teleconference, at least a quorum of the members of the legislative body shall participate from
locations within the boundaries of the territory over which the local agency exercises jurisdiction.
The agenda shall provide an opportunity for members of the public to address the legislative body
directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of 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.
§ 54953.1. Grand jury testimony by members 117)
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 tope 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.
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 multiagcncy 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 Jurisdiction with elected or appointed officials of the United
States or the State of California when a local meeting would be impractical, solely to discuss a
legislative or regulatory issue affecting the local agency and over which the federal or state officials
have jurisdiction.
(6) Meet outside their immediate jurisdiction if the meeting takes place in or nearby a facility
owned by the agency, provided that the topic of the meeting is limited to items directly related to
the facility.
(7) Visit the office of the local agency's legal counsel for a closed session on pending litigation
held pursuant to Section 54956.9, when to do so would reduce legal fees or costs.
(c) Meetings of the governing board of a school district shall be held within the district except
under the circumstances enumerated in subdivision (b), or to do any of the following:
(1) Attend a conference on nonadversarial collective bargaining techniques.
(2) Interview members of the public residing in another district with reference to the trustees'
potential employment of the superintendent of that district.
(3) Interview a potential employee from another district.
(d) Meetings of a joint powers authority shall occur within the territory of at least one of its
member agencies, or as provided in subdivision (b). However, a joint powers authority which has
members throughout the state may meet at any facility in the state which complies with the
requirements of Section 54961.
(e) If, by reason of fire, flood, earthquake, or 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.
§ 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 1 of each year. The legislative
body may establish a fee for mailing the agenda or agenda packet, which fee shall not exceed the
cost of providing the service. Failure of the requesting person to receive the agenda or agenda
Packet Pursuant to this section shall not constitute grounds for invalidation of the actions of the
legislative body taken at the meeting for which the agenda or agenda packet was not received.
§ 54954.2. Agenda 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 meetingg, 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
0
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 641 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.
(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)
(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:
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 sgtall 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
all
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 'oint 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
fjollowing:
(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.
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(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 is proposed exclusively for
operation and maintenance expenses imposed throughout the entire local agency, or exclusively for
operation and maintenance assessments proposed to be levied on 50,000 parcels or more, notice
may be provided pursuant to this subdivision or pursuant to paragraph (1) of subdivision (b) and
shall include the estimated amount of the assessment of various types, amounts, or uses of property
and the information required by subparagraphs (B) to (G), inclusive, of paragraph (2) of
subdivision (c).
(4) Notwithstanding paragraph (1), in the case of an assessment proposed to be levied pursuant to
Part 2 (commencing with Section 22500) of Division 2 of the Streets and Highways Code by a
regional park district, 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 decistonmaking process.
(e) This section shall not apply to any new or increased general tax or any new or increased 1
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.
(0 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
nonce 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
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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 ad''ournment 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 pnor 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.
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Notwithstanding Section 54957, the legislative body shall not meet in closed session during a S
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 leggislative body, or designee of the legislative body, notified or attempted to notify, a copy
of the rol]call vote, and any actions taken at the meeting shall be posted for a minimum of 10 days
in a public place as soon after the meeting as possible.
§ 54956.6. Fees
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
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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 I (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 to this section are hereby abrogated. This section is the exclusive expression of the
lawyer -client privilege for purposes of conducting closed -session meetings pursuant to this
chapter.
For purposes of this section, 'litigation" includes any adjudicatory proceeding, including eminent
domain, before a court, administrative body exercising its adjudicatory authority, hearing officer,
or arbitrator.
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For purposes of this section, litigation shall be considered pending when any of the following _ r
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 117)
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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 oint powers agency formed
pursuant to Article I (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
localagency.
§ 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
e!n loyee by another person or employee, the employee shall be given written nonce 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 Flealth 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
i closed session and the vote or abstention of every member present thereon, as follows:
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(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 parry 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) Apppproval 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 identny 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
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\J 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.
(c) 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
rom charging a fee or deposit for a copy of a public record pursuant to Section 6257.
(d) This section shall not be construed to limit or delay the public's right to inspect or obtain a
copy of any record required to be disclosed under the requirements of the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). Nothing in
this chapter shall be construed to require a legislative body of a local agency to place any paid
advertisement or any other paid notice in any publication.
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§ 54957.6. Closed 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 m 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; 1%7ultijurisdictional drug enforcement agency
54957.8. Nothing contained in this chapter shall be construed to prevent the legislative body of a
multijunsdictional 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. i
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"Mul[ijurisdictional drug law enforcement agency," for purposes of this section, means a joint
powers entity formed pursuant to Article I (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 appropnate.
(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
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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
attomey-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 injunction for the purpose of obtaining a judicial determination that an action taken
by a legislative body of a local agency in violation of Section 54953, 54954.2, 54954.5, 54954.6,
or 54956 is null and void under this section. 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 PParty 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 parry shall be required to commence the action 1
pursuant to subdivision (a) or thereafter be barred from commencing the action.
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(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.
(0 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 alleycd victim of tortious sexual conduct or child abuse unless the identity of the person
has been publicly disclosed.
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§ 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 Govemment 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.
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