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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, 54956, or 54956.5 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.

(f) 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.

54960.2. Actions to determine past violations by legislative body; conditions; cease
and desist letters

(a) The district attorney or any interested person may file an action to determine the applicability
of this chapter to past actions of the legislative body pursuant to subdivision (a) of Section 54960
only if all of the following conditions are met:

(1) The district attorney or interested person alleging a violation of this chapter first submits a
cease and desist letter by postal mail or facsimile transmission to the clerk or secretary of the
legislative body being accused of the violation, as designated in the statement pertaining to that
public agency on file pursuant to Section 53051, or if the agency does not have a statement on
file designating a clerk or a secretary, to the chief executive officer of that agency, clearly
describing the past action of the legislative body and nature of the alleged violation.

(2) The cease-and-desist letter required under paragraph (1) is submitted to the legislative body
within nine months of the alleged violation.

(3) The time during which the legislative body may respond to the cease-and-desist letter
pursuant to subdivision (b) has expired and the legislative body has not provided an
unconditional commitment pursuant to subdivision (c).

(4) Within 60 days of receipt of the legislative body’s response to the cease and desist letter,
other than an unconditional commitment pursuant to subdivision (c), or within 60 days of the
expiration of the time during which the legislative body may respond to the cease and desist
letter pursuant to subdivision (b), whichever is earlier, the party submitting the cease and desist
letter shall commence the action pursuant to subdivision (a) of Section 54960 or thereafter be
barred from commencing the action.

(b) The legislative body may respond to a cease-and-desist letter submitted pursuant to
subdivision (a) within 30 days of receiving the letter. This subdivision shall not be construed to
prevent the legislative body from providing an unconditional commitment pursuant to

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