Page 93 - 2026 Lozano Smith Brown Act Handbook

(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.

(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the
members of the legislative body are compensated for their appearance, and if one or more of the
members of the legislative body are also members of a legislative body as that term is defined by
subdivision (a) of Section 54952.

54954.3. Opportunity for public to address legislative body; adoption of regulations

(a)(1) Every agenda for regular meetings shall provide an opportunity for members of the public
to directly address the legislative body on any item of interest to the public, before or during the
legislative body’s consideration of the item, that is within the subject matter jurisdiction of the
legislative body, provided that no action shall be taken on any item not appearing on the agenda
unless the action is otherwise authorized by subdivision (b) of Section 54954.2.

(2)(A) Notwithstanding paragraph (1), the agenda need not provide an opportunity for members
of the public to address the legislative body on any item that has already been considered by a
committee, composed exclusively of members of the legislative body, at a public meeting
wherein all interested members of the public were afforded the opportunity to address the
committee on the item, before or during the committee’s consideration of the item.

(B) Subparagraph (A) shall not apply if any of the following conditions are met:

(i) The item has been substantially changed since the committee heard the item, as determined by
the legislative body.

(ii) When considering the item, a quorum of the committee members did not participate from a

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