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county, city and county, special district, school district, or political subdivision established by the
state to the public.

(ii) “Legislative body” has the same meaning as that term is used in subdivision (a) of Section
54952.

(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency
that was established by the legislative body of the city, county, city and county, special district,
school district, or political subdivision established by the state.

(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda,
except that members of a legislative body or its staff may briefly respond to statements made or
questions posed by persons exercising their public testimony rights under Section 54954.3. In
addition, on their own initiative or in response to questions posed by the public, a member of a
legislative body or its staff may ask a question for clarification, make a brief announcement, or
make a brief report on their activities. Furthermore, a member of a legislative body, or the body
itself, subject to rules or procedures of the legislative body, may provide a reference to staff or
other resources for factual information, request staff to report back to the body at a subsequent
meeting concerning any matter, or take action to direct staff to place a matter of business on a
future agenda.

(b) Notwithstanding subdivision (a), the legislative body may take action on items of business
not appearing on the posted agenda under any of the conditions stated below. Prior to discussing
any item pursuant to this subdivision, the legislative body shall publicly identify the item.

(1) Upon a determination by a majority vote of the legislative body that an emergency situation
exists, as defined in Section 54956.5.

(2) Upon a determination by a two-thirds vote of the members of the legislative body present at
the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those
members present, that 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).

(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body
occurring not more than five calendar days prior to the date action is taken on the item, and at the
prior meeting the item was continued to the meeting at which action is being taken.

(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of
subdivision (b) of Section 3 of Article I of the California Constitution.

(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local
agency’s internet website, if the local agency has one, shall only apply to a legislative body that
meets either of the following standards:

(1) A legislative body as that term is defined by subdivision (a) of Section 54952.

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