Page 29 - 2026 Lozano Smith Brown Act Handbook

• The description must give fair notice of the essential nature of the business to
be considered.

• The public must be provided with more than just clues from which they must
then guess or surmise the essential nature of the business to be considered.

• The agenda must not be confusing, misleading or unfairly opaque.

Each distinct item of business should be separately listed on the agenda. For
example, a decision regarding the California Environmental Quality Act (“CEQA”), should be
listed as a separate action item on the agenda rather than being included within another agenda
item regarding the project at issue.

Technical errors or immaterial omissions will not prevent the agency from acting.
However, if an agenda references materials that are substantially changed after posting, the
agenda must be reviewed to ensure that the content of the agenda is still accurate, so as not to
mislead the public. The agency fulfills its agenda obligations so long as it substantially complies
with statutory requirements.

Upon request, the agenda and documents in the agenda package, must be made
available in alternative formats to persons with a disability as required by section 202 of the
Americans With Disability Act (“ADA”). To implement this requirement, the agenda must
include information regarding how, to whom, and when a request for disability-related
modification or accommodation, including auxiliary aids or services, may be made by a person
with a disability who requires a modification or accommodation in order to participate in the
public meeting. Appendix 3 contains sample agenda language.

As noted, agendas must be posted 72 hours in advance of a regular meeting and
24 hours in advance of a special meeting in a place that is freely accessible to the public, and on
the agency’s internet website. Every agenda must list the location of an office at the agency
where members of the public may inspect documents distributed to all or a majority of the
members of the legislative body. This provision is designed to provide public access to items
submitted to the legislative body after the agenda is posted (distributed less than 72 hours prior to
a regular meeting). See section C9, below, for the requirements relating to agenda documents
distributed after the agenda is posted.

(Government Code §§ 54953, 54954.2, 54954.5, 54955, 54957.5; Education Code § 35145;
Martis Camp Community Association v. County of Placer (2020) 53.Cal.App.5th 569; Olson v.
Hornbrook Community Services District (2019) 33 Cal.App.5th 502; San Diegans for Open
Government v. City of Oceanside (2016) 4 Cal.App.5th 637; San Joaquin Raptor Rescue Center
v. County of Merced (2013) 216 Cal.App.4th 1167; Sierra Watch v. Placer Cty., ((2021) 69
Cal.App.5th 1); Shapiro v. San Diego City Council (2002) 96 Cal.App.4th 904; County of El
Dorado v. Reed (1858) 11 Cal.130; 103 Ops.Cal.Atty.Gen 42 (2020).

2026 Brown Act Handbook LozanoSmith.com 17