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CORRESPONDENCE - 11B
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06/21/2016
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CORRESPONDENCE - 11B
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As you are aware, the Brown Act creates specific agenda obligations for notifying the public <br />with a "brief description" of each item to be discussed or acted upon, in part so that the public <br />may comment on any item before Council takes action as indicated in the relevant portion of <br />Government Code Section 54954.3.(x) quoted here: <br />"Every agenda for regular meetings shall provide on opportunity for members of the <br />public to directly address the legislative body on any item of interest to the public, before <br />or during the legislative body's consideration of the item, that is within the subject <br />matter jurisdiction of the legislative body, provided that no action shall be taken on any <br />item not appearing on the agenda unless the action is otherwise authorized by <br />subdivision (b) of Section 54954.2." [... j <br />It also creates a legal remedy for illegally taken actions—namely, the judicial invalidation of <br />them upon proper findings of fact and conclusions of law. <br />Pursuant to that provision (Government Code Section 54960.1), 1 request that the City Council <br />cure and correct the illegally taken action as follows: Pull Item 11A (SECOND READING <br />ORDINANCE: ADOPTION OF CITY BUDGET FISCAL YEAR 2016-2017) from the July 21, 2016 City <br />Council Consent Calendar and continue consideration of the ordinance and the two additional <br />associated Council actions listed above until after Council has properly conducted a hearing and <br />first reading in accordance with the Ralph M. Brown Act. <br />As provided by Section 54960.1, you have 30 days from the receipt of this request to either <br />cure or correct the challenged action or inform me of your decision not to do so. If you fail to <br />cure or correct as requested, such inaction may leave me no recourse but to seek a judicial <br />invalidation of the challenged action pursuant to Section 54960.1, in which case I would also <br />ask the court to order you to pay my court costs and reasonable attorney fees in this matter, <br />pursuant to Section 54960.5. <br />Respectfully yours, <br />Jered Elmore <br />Cc Ms. Maria D. Huizar, Clerk of the Council <br />Ms. Sonia R. Carvalho, City Attorney <br />
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