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Home My WebLink About02 Senate Bill 343ITEM #2 .'~Y`~, DATE: JULY a, zoos i ~ ~ e ~' - C o m\~~ TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: SENATE BILL 343 RECOMMENDATION That the Planning Commission receive and file this report. BACKGROUND On July 1, 2008, Senate Bill No. 343 will go into effect. Copies of the City Clerk's memorandum and SB 343 are attached for your review and information. Please note the procedures that will be required for future Planning Commission agendas. Elizabeth A. Binsack Community Development Director S:1Cdd\PCREPORT12008\SB 343.doc TUSTIN T~ ~~ ~ ~~-~ I . se {~ r Inter-Com s~, ~ ~F; DATE: JUNE 17, 2008 ~,~,~~~~~~ ,, TO: COMMISSION SECRETARY "`$`°AY 6UII.DING dUR FUTURE HONORING OUR PAST FROM: MARIA R. HUIZAR, CHIEF DEPUTY CITY CLERK SUBJECT: SENATE BILL 343 PERTAINING TO AGENDA MATERIALS On July 1, 2008, Senate Bill No. 343 will go into effect. A copy of the SB 343 is attached for your review and information. This new bill adds some mandates regarding supplemental materials that have been distributed to a majority of the City Council or Commission members after the agenda packets have been distributed. I have reviewed the mandates of Senate Bill 343 and am providing some simple guidelines to ensure that these mandates are met for each advisory body. Please note that we are asking you to implement these guidelines effective with your first agenda packet in July, 2008. . A separate binder (or folder) must be placed at your front counter (in the same location as your agenda packet). It should be labeled: Agenda Related Writings/Documents provided to a majority of fhe xx (name of your advisory body) after distribution of the xx (date of meeting) Agenda Packet. If additional materials beyond those in the regular agenda packet are distributed to advisory body members before or at the meeting, those additional materials must be inserted in this new binder in order that interested members of the public have an opportunity to review them also. 2. Be sure to date stamp the original writings/documents before placing a copy in this binder/folder. 3. A footer must be added to the front page of your agenda form that indicates: Any writings or documents provided to a majority of the xx (name of your advisory body) regarding any item on this agenda will be made available for public inspection in the xx office (or department)) located at xx (address of location) during normal business hours. If members of the public want copies of these documents, you may charge them the City's standard photocopying charges. Please let me know if you have any questions. c: Department Heads Doug Holland, City Attorney William Huston, City Manager Senate Bill No. 343 CHAPTER 298 An act to amend Section 54957.5 of the Government Code, relating to local agencies. [Approved by Governor October 5, 2007. Filed with Secretary of State October 5, 2007.] LEGISLATIVE COUNSEL'S DIGEST SB 343, Negrete McLeod. Local agencies: open meetings: documents. The Ralph M. Brown Act requires that any meeting of a legislative body of a local agency be open and public and all persons be permitted to attend. The act requires the body to post an agenda at least 72 hours before a regular meeting and provides that agendas 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 meeting of the body are public records subject to the public disclosure requirements of the California Public Records Act. This bill would provide that if a writing that is a public record under these provisions, and that relates to an agenda item for an open session of a regular meeting of the legislative body of a local agency, is distributed less than 72 hours prior to that meeting, the writing shall be Inade available for public inspection at a public office or location that the agency shall designate for this purpose. It would require each local agency to list the address of this office or location on the agendas for all meetings of the legislative body of that agency. It also would authorize a local agency to post a writing that is a public record under these provisions on the agency's Internet Web site. It would make these provisions effective on July 1, 2008. The people of the State of California do enact as follows: SECTION 1. Section 54957.5 of the Government Code is amended to read: 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 an open 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 I), and shall be made available upon request without delay. However, this section shall not include any writing 93 Ch. 298 - 2 - exempt from public disclosure under Section 6253.5, 6254, 62543, 6254.7, 6254.15, 6254.16, or 6254.22. (b) (1) If a writing that is a public record under subdivision (a), and that relates to an agenda item for an open session of a regular meeting of the legislative body of a local agency, is distributed less than 72 hours prior to that meeting, the writing shall be made available for public inspection pursuant to paragraph (2) at the time the writing is distributed to all, or a majority of all, of the members of the body. (2) A local agency shall make any writing described in paragraph (1) available for public inspection at a public office or location that the agency shall designate for this purpose. Each local agency shall list the address of this office or location on the agendas for all meetings of the legislative body of that agency. The local agency also may post the writing on the local agency's Internet Web site in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting. (3) This subdivision shall become operative on July 1, 2008. (c) 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. These writings shall be made available in appropriate alternative formats upon request by a person with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. (d) Nothing in this chapter shall be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 6253, except that no surcharge shall be imposed on persons with disabilities in violation of Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. (e) This section shall not be construed to limit or delay the public's right to inspector 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. O 93