Channel Law Group, LLP
CITY OF RIALTO
3383 Wilshire Blvo
Bevery tils: CA 021 2024 MAR 18 AMII: 46
Phone: (310) 347-005 RECCIVEL
www.chamelawgrup.col CITY CLERA
JULIAN K. QUATTLEBAUM, III Writer's Direct Line: (310) 982-1760 JAMIE T. HALL * [email protected]
HARLES J. MCLURKI
REGORY T. WITTAN
*ALSO Admitted in Texas
March 14, 2024
VIA U.S.P.S. CERTIFIED MAIL
AND E-MAIL
Barbara McGee, City Clerk Eric Vail, City Attorney
City of Rialto Burke, Williams & Sorensen LLP
290 W Rialto Avenue 1770 lowa Ave.., Ste. 240
Rialto, CA 92376 Riverside, CA 92507
[email protected] [email protected]
Re: Demand to Cease and Desist Violation of Brown Act
Dear City Clerk:
This firm represents Center for Community Action and Environmental Justice. I am writing because the action by the City Council taken on January 9, 2024, on "Tab 3," the consideration of a letter opposing Proposed Assembly Bill 1000, was done in violation of the Ralph M. Brown Act (Gov. Code § 54950 et seq.) ("Brown Act") because that item was not listed on the Council's agenda for that meeting and there was no applicable exception to the Brown Act's requirement that such action be included in the agenda.
On behalf of my client, I hereby demand that the City of Rialto City Council immediately cease and desist violation of the Brown Act. As you know, the Brown Act requires that "[a]t least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting." Gov. Code § 54954.2, subds. (a)(1), (a)(2). Action cannot be taken on items not included on the posted agenda. Gov. Code § 54954.2(a)(3).
It is our understanding that the Council attempted to justify taking action on this item on the basis of the exception in subdivision (b)(2) of section 54954.2 of the Government Code, which applies where "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)." The claimed need for the action did not come to the attention of the City subsequent to the posting of the agenda for the meeting, nor was there a need to take immediate City of Rialto
March 14, 2024
action. Thus, the City's action on the item, which was not included in the posted agenda for the meeting, was a violation of the Brown Act.
I respectfully request a response pursuant to subdivision (b) of section 54960.2 of the Government Code, within 30 days of your receipt of this letter, confirming the City's unconditional commitment, in accordance with subdivision (c) of section 54960.2 of the Government Code, to cease, desist from, and not repeat this violation. If the City refuses, we will have no choice but to seek a declaration by the San Bernardino Superior Court, pursuant to sections 54960(a) and 54960.2 of the Government Code, that the City Council's approval of the Tab 3 item at its January 9, 2024, Meeting was taken in violation of the Brown Act.
Thank you for your consideration of this matter. We remain hopeful this situation can be resolved without the need for litigation. I may be contacted at [email protected] if you have any questions, comments or concerns.
Sincerely,
quitter
Jamie T. Hall
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CITY CF RIALTO 2024 MAR 1S AMII: 46 CITY CL: B/C
RECL Barbara McGee
City Clerk's Office
290 W Rialto Avenue
Rialto, CA 92376
92376-643090