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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. ,t7' x m ',v 14 0.jsr ri 1nx31 , WR g; IM 'k avow 3,11HAN W11.'V�" cft`.� Dg NDA k)Q� NO 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. Cana„ er 1 1 / 19/01 Associates ml OvOtl nism9 :r iceti'+f. cr•axi. -". T 14 i o vA%R� lo OVOB V11N V ? w - W MEW- cmr. 1�GNy j R H �y1 M ,�_`•�j y HI Til ' ,Vr Q./ 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. 11 (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 12 or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of 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. 13 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 14 section, the legislative body shall inform the member, in writing, of his or her right to have the charge or complaint heard in an open session rather than a closed session. § 54956.87. Record Exempt; Closed Session; County Health Plan 54956.87 (a) Notwithstanding any other provision of this chapter, the records of a health plan that is licensed pursuant to the Knox -Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors, whether paper records, records maintained in the management information system, or records in any other form, that relate to provider rate or payment determinations, allocation or distribution methodologies for provider payments, formulae or calculations for these payments, and contract negotiations with providers of health care for alternative rates are exempt from disclosure for a period of three years after the contract is fully executed. The transmission of the records, or the information contained therein in an alternative form, to the board of supervisors shall not constitute a waiver of exemption from disclosure, and the records and information once transmitted to the board of supervisors shall be subject to this same exemption. (b) Notwithstanding any other provision of law, the governing board of a health plan that is licensed pursuant to the Knox -Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors may order that a meeting held solely for the purpose of discussion or taking action on health plan trade secrets, as defined in subdivision (c) of Section 32106 of the Health and Safety Code, shall be held in closed session. The requirements of making a public report of action taken in closed session, and the vote or abstention of every member present, may be limited to a brief general description without the information constituting the trade secret. (c) The governing board may delete the portion or portions containing trade secrets from any documents that were finally approved in the closed session held pursuant to subdivision (b) that are provided to persons who have made the timely or standing request. (d) Nothing in this section shall be construed as preventing the governing board from meeting in closed session as otherwise provided by law. (e) The provisions of this section shall not prevent access to any records by the Joint Legislative Audit Committee in the exercise of its powers pursuant to Article 1 (commencing with Section 10500) of Chapter 4 of Part 2 of Division 2 of Title 2. The provisions of this section also shall not prevent access to any records by the Department of Corporations in the exercise of its powers pursuant to Article 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. 15 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) 16 office or employment, including litigation in which it is an issue whether an activity is outside the course and scope of the office or employment. § 54956.95. Closed session; Insurance liability 54956.95. (a) Nothing in this chapter shall be construed to prevent a 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: 17 (1) Approval of an agreement concluding real estate negotiations pursuant to Section 54956.8 shall be reported after the agreement is final, as specified below: (A) If its own approval renders the agreement final, the body shall report that approval and the substance of the agreement in open session at the public meeting during which the closed session is held. (B) If final approval rests with the other 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 18 \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. 19 § 54957.6. Closed session; Labor negotiations 54957.6. (a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency's designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation. However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives. Closed sessions of a legislative body of a local agency, as permitted in this section, shall be for the purpose of reviewing its position and instructing the local agency's designated representatives. Closed sessions, as permitted in this section, may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees. Closed sessions with the local agency's designated representative regarding the salaries, salary schedules, or compensation Paid 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 20 "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 21 this section, the parry seeking discovery or disclosure shall file a written notice of motion with the appropriate court with notice to the governmental agency which has custody and control of the tape recording. The notice shall be given pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure. (B) The notice shall include, in addition to the items required by Section 1010 of the Code of Civil Procedure, all of the following: (i) Identification of the proceeding in which discovery or disclosure is sought, the party seeking - discovery or disclosure, the date and time of the meeting recorded, and the governmental agency which has custody and control of the recording. (ii) An affidavit which contains specific facts indicating that a violation of the act occurred in the closed session. (3) If the court, following a review of the motion, finds that there is good cause to believe that a violation has occurred, the court may review, in camera, the recording of that portion of the closed session alleged to have violated the act. (4) If, following the in camera review, the court concludes that disclosure of a portion of the recording would be likely to materially assist in the resolution of the litigation alleging violation of this chapter, the court shall, in its discretion, make a certified transcript of the portion of the recording a public exhibit in the proceeding. (5) Nothing in this section shall permit discovery of communications which are protected by the 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. 22 (d) An action taken that is alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, or 54956 shall not be determined to be null and void if any of the following conditions exist: (1) The action taken was in substantial compliance with Sections 54953, 54954.2, 54954.5, 54954.6, and 54956. (2) The action taken was in connection with the sale or issuance of notes, bonds, or other evidences of indebtedness or any contract, instrument, or agreement thereto. (3) The action taken gave rise to a contractual obligation, including a contract let by competitive bid other than compensation for services in the form of salary or fees for professional services, upon which a party has, in good faith and without notice of a challenge to the validity of the action, detrimentally relied. (4) The action taken was in connection with the collection of any tax. (5) Any person, city, city and county, county, district, or any agency or subdivision of the state alleging noncompliance with subdivision (a) of Section 54954.2, Section 54956, or Section 54956.5, because of any defect, error, irregularity, or omission in the notice given pursuant to those provisions, had actual notice of the item of business at least 72 hours prior to the meeting at which the action was taken, if the meeting was noticed pursuant to Section 54954.2, or 24 hours prior to the meeting at which the action was taken if the meeting was noticed Pursuant to Section 54956, or prior to the meeting at which the action was taken if the meeting is held pursuant to Section 54956.5. (e) During any action seeking a judicial determination pursuant to subdivision (a) if the court determines, pursuant to a showing by the legislative body that an action alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, or 54956 has been cured or corrected by a subsequent action of the legislative body, the action filed pursuant to subdivision (a) shall be dismissed with prejudice. (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. 23 "4 § 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. 1:\Gvt\PrimTinat\Brown Act 01 24