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12-21-1993 - Healthy Cities ProjectII It; l 0 To City Council FROM City Manager's office. SUBJECT: HEALTHY CITIES PROJECT City of West Covina Memorandum AGENDA ITEM NO. 0-1- DATE December 21, 1993 SUMMARY: At the November 2, 1993 City Council meeting Councilmember.,Manners presented a report on the "California'Healthy Cities Project" and requested that the Council consider a project for West Covina. The item before the Council conveys the vision of a Healthy City,. outlines the process involved in selecting a project and preparing the application to become a Healthy City, and approves the formation of a community steering committee to oversee the project. BACKGROUND. The concept of a Healthy City is a.product of the World Health Organization's (WHO) Healthy cities'Project which began in 1986 as a joint initiative of the health promotion and environmental health programs.in their European Office. The project was envisioned as a vehicle to achieve WHO's long-range goal of "Health for All", a strategy designed to enable all people to attain a level of:health which allows them to lead socially and economically productive lives. During the past seven years, the project has, evolved into an international movement with hundreds of cities participating on a global basis. Currently, there are three international and seventeen national networks, including.the United States, working to improve the quality of life in cities. The California Healthy Cities Project started in 1988 to .assist cities and public health agencies with their efforts to put the Healthy. Cities model in place in their communities. The concept behind the California Project is the recognition that there are community problems in cities that can best be addressed and resolved by a joint effort of community leaders, city staff, politicians, school district staff, health professionals, business leaders, and interested residents. The Healthy Cities approach provides a common ground for discussion on a variety of issues, including but not limited to: traffic, housing, tobacco/drugs, AIDS care, and mental health. Additionally, California Smoke -Free Cities is a partnership of the League of California Cities and the California Healthy Cities Project. Thirteen cities are currently designated as. Healthy Cities in California, and four have submitted letters of intent to.have a project application approved. Projects, are as varied as the communities that design them, as can be seen .in the attached project summary material. (attachment 1) THE PROCESS: TIME FRAME The average time frame between a City's attendance at a Healthy Cities Workshop, project identification phase, and finally the submission of an application for participation in the Healthy Cities.Project is nine months. Once the application is approved, completing the project could entail months or even years of work by the steering committee depending on the scope and complexity of the project. 1 . I 0 PROJECT IDENTIFICATION The first step is to form ;a community steering committee to identify a problem, discuss possible. solutions, and develop an outline to resolve the problem in a specified time frame (months or years). The steering committee of community leaders brainstorms • the types of projects that would improve the quality of life in our community,. develops a process to recruit members to work on the project, and identifies goals and objectives of 'the project. This initial process -would most likely involve service club leaders, a representative from the Chamber of Commerce, school district staff, health professionals, VISION and PTA members,. interested citizens, perhaps a City Commissioner, _.and City staff. The critical aspect of the process is the identification of the project and ways to resolve the community problem or to enhance opportunities in the community. The project identification phase will undoubtedly be the most time consuming aspect, short of the implementation phase. Healthy Cities Project staff indicated that it is extremely important to cultivate and maintain "ownership" of the project by the community steering committee. Because the community steering committee identifies the ultimate project, consideration needs to be given as to how the members of the committee are to be recruited. Committee members should be prepared to see the project through the implementation phase, therefore, the ability -to serve fora. relatively lengthy term is • important. Commitment. to the Healthy Cities goal will be -critical ins the identification; and appointment of members. The- steering committee should bey encouraged to. continue- with~ the project: and: offer oversight to the process. Based onthe. Healthy Cities. Project's past experience, the ideal working- group is. 15 - 20. people for the project's implementation phase-. CITY STAFF INVOLVEMENT The staff involvement level will vary greatly based upon the type of project that is selected. Generally, City staff will be involved in the project from inception - to completion. As a. guideline, other projects have involved three. to four City - employees with one person designated as the City's liaison. The liaison would spend approximately 5% of their time (about 104hours per year or a little over three hours a week) to facilitate the project once it has been approved. FINANCIAL COMMITMENT Figuring the cost to the City is difficult since the majority of the City's commitment would be in staff time. The staff time involved for coordination of, the s.tartup'phase for the community steering committee to the submission of the application would be approximately 80 hours or $1,700 (if an Administrative Analyst's time is used) plus materials. and clerical support. Once the project is approved, a staff liaison's time commitment is approximately 5% per year 'or $2,000. (If the project liaison requires a department head position then the estimated cost should be increased.) Additional staff time and resources would be another $4,000 - 0,000. It is anticipated that an approved project which the City was actively involved in supporting could conceivably run .in excess of $5,000 per year in materials and staff costs; not including council's time and energy commitment to the project.. • The City Council's desire to move forward with the Healthy Cities Project should not be. hampered :by the estimated financial commitment itemized above. However, we do need to consider how a project would fit into the broader work program of the City depending upon which staff member(s) are assigned. 0 2 rr.j Once the Healthy Cities Project application is approved, the City would be eligible for. up to $5, 000 in funding from the organization to apply towards project related expenses such as: fliers and promotional materials, consultant costs, or an intern position to write grant proposals for the project. Some Cities have been successful during. the second year of the project in .obtaining grants from the State or a foundation to assist .in completing the project. COMMUNITY SUPPORT Councilmember Manners and I met with Tom McGuiness of Queen of the Valley Hospital recently and discussed the Healthy Cities concept. McGuiness is very excited about the project and has agreed to participate and support the City in a joint venture. QVH's support includes staff and financial resources to develop a health related program in our community. He believes that health providers in our community will.lend,resources to .a project and .that the business community would.be very supportive in:a joint venture. Council may want: to consider, asking him: to,,. participate. on :the community . steering committee to develop the project. APPLICATION FOR PARTICIPATION The- application. packet: contains a set of. forms,- :and requires: a concise project description,, a thorough workplan-,; and:a practical. method of evaluating, the project s-.progress. (The application length is- not to exceed 10 .pages,: plus attachments•.). Once a project is identified,.staff will bring the project -back projecback to the Council for. review. and,, approval prior -.to submitting an application for.participation. CONCLUSION: The• concept of: a Healthy' City Project in: West Covina is very. attractive and would benefit'the community. Identification of.one project to 'start on.will be met with a diverse range of needs from community' groups and. leaders. It.is suggested'.that the Council consider appointing a councilmember(`s)' to.oversee the formation of a.community steering committee, and the selection ofa project to bring back to the City Council for approval. RECOMMENDATION: It is recommended that the City Council: 'a) Approve the formation of a community steer ing::committee.as outlined`in the staff report'to•develop a Healthy Cities project for West Covina; -and b) Appoint a councilmember(s) to act as,a liaison and oversee the formation -of the community steering committee; and c) Direct staff to bring back a report on the community steering committee's recommendation for a Healthy Cities. project:for Council approval. 2J y r ministrative Analyst II attachment 3 PROFILES OF CITIES PARTICIPATING P` IN THE CALIFORNIAHEALTHY CITIES PROJECT here communities lar el reflect the multi_ g Y ethnic, multi -cultural nature of the State'. as DUARTE (population 22;000) a whole. Their selection was based on their coin- In their first year as a Charter City, the Duarte Healthy mitment Jo health improvement through a corn- Cities Program promoted awareness and better. prehensive approach which includes creating and , utilization of local community health and wellness resources. A prototype bilingual Wellness Guide was maintaining a healthfulphysical, social, and eco- distributed free to every household in the city. The city nomic environment; later built upon this resource and encouraged city Each city.,.begi.ns the process with a council residents to become more health conscious in their " resolution supporting the principles ofHealthy Cities= daily life-style decisions; by holding a Kids Care Fair, a collaboration among sectors within the community co -sponsored by the City, -the Santa Teresita Hospital and improved public health through betterpublic policy. and the City of Hope National Medical "Center. In A-, Healthy<: Cities coraimittee is established and once . addition,.. an AIDS Forum' and a play, -especially consensus is, eve about which target area will' designed to share information about the. AIDS virus . receive attention first, a workplan is developed. The was held in conjunction with Kai serPermanente. Duarte profiles below, describe the varied projects undertaken used a" California Smoke -Free Cities grant to conduct by these California communities. i a public attitudes. survey on smoking and smoke -free environments. Now in their fourth year,.Duarte.'s goal is to revise and update the City's 1988 20-yearStrategic. Plan; incorporating the'Healthy City. philosophy°and - Healthy Peop1e:2000'objectives. In 1991; Duarte^.was �'ERKELEY (population;102,i24)" awarded the League ofCalifomiaCities'HelenPutnam Berkeley's Healthy Cities project is a multi -year com- Award ofExcellencein the administration categoryfor munity effort to achieve a safe, attractive and economi- their community wellness campaign: cally vital neighborhood for the Telegraph Avenue/ Southcampus area.. Adjacent to the Universityof. California, the-Southcampus area is composed of 80% E$CONDiDO:.(population 105,000.) nonIfamily' households;, 42% of persons with below- ve aeyelincomes; and` a elation consistin of PoP g The first year. of Escondido's.Healthy. Cities Program 54.% white; 9% African American, 31% Asian, 13% focuses on the development of an integrated planning.. — - rocess to assess the needs of the Latino communit Latino; and 7% other ethnic groups. By uniting resi- P y' The project, "La Vida Buena", will produce a strategic dents, businesses, property owners, churches, service providers, the City, the University and interested orga- plan which will serve as a blueprint, identifying nizations, the Southcampus area will serve as a demon- strategies to prevent illness and improve the health stration project for integrating health concerns into a status of Latinos. The City's previous experience with broad approach for improving the overall environment innovative community partnerships, tackling such - of the City. During their first year, the project will Problems as gang violence, public drinking, and drug- focus on -increasing community input and involvement related crime, will be utilized in the development of in, identifying and,coordinating both short and long- this plan..Community involvement in the project is reran projects; increasing mental health referrals and Providediaa30membercoalidon,withrepresentatives outreach services for adults;- reducing assault injuries; from the local Spanish language newspaper, interfaith and` increasing information on AIDS/HIV, crisis center, local hospitals, county.health department, city representatives, and members from the community- - at -large. 15P Over for additional cities s ; S , MONTEREY PARK (population 65,000) PASADENA. (population 131,000) en the fundamental linkbetween literacy and health, The Pasadena Healthy Cities Program has centered Monterey Park Healthy Cities Program has around the creation of•a multi -faceted planning tool r rporated health education into an adult literacy called the Quality of Life (QOL) Index. Used to measure program with themes such as correct use ofinedications performanceinsuch areas asarts and culture, education, and tobacco control. The Literacy for All of Monterey health, employment, and housing, the QOL Index Park (LAMP) serves residents learning English -as -a- identifies 65 key areas which reflect the "health" of the second -language as well as the functionally illiterate community. Results will be used as a decision -making using a 125-plus volunteer teaching staff. The program tool for the city, targeting community needs and a.. is overseen by the City Housing and Community, resources for implementing health -promoting public . Development Director and directed bythe City Literacy policy. The program consulted with a broad -based Coordinator. The Monterey Park Healthy Cities Steering. steering committee; an exploratory forum in which 150 Committee -a group representing diverse community community members participated; special interest and constituencies —provides valuable suggestions for neighborhood discussion groups; and city department health topics and themes for incorporation into the heads. The program also utilized the resources of the LAMP programs. Last year, LAMP expanded from 85 Healthy Cities Project. Model and the Healthy People to270'studentsAn-activeworksiteprojectwascreated,.. 2000 Health Objectives.:Funding was provided by, xFy endorsed; -by:, employers,; and employees;, to,improve . Kaiser-Permanente; Southern California Edison and.. „adult:,literacy=.ands:'reduce: potential health risks. This local businesses: The Index has been distributed through - year, LAMP has expanded its literacy training to include city, state; national and international networks; T.S. citizenship orientation and workshops; increasing providing a proactive model of healthy public policy. Wrtunitiesfor. participation in civic affairs. Currently, several City departments are coordinating. strategies for Index. utilization and implementation. PA`LMd 'DES ERT'°(population,49 500) . Injuryt..prevention,fiasbeenthe focus ofthe Palm Desery PMSBURG (populati6n46,500). Healthyj. Cities Prograrn,.. using a,, multi -year.: plan to- The; City' of -Pittsburg, has developed: a mule -faceted increase.personal' and`communityhealth and'safety. In approach to improve livability and reduce risks for injury. the first.yearof the program; the State Office of Traffic- and violence,. Pittsburg's Healthy Cities Program Safety. provided,over $16;000 in projectfunding for a. concentrates on enhancing motor vehicle, bicycle; and successful:: seat -belt, usage: campaign. Educational pedestriansafety. ln;addition; akey project element is to ,': presentations were made, information materials'.were decrease- gang participation and group violence. The, purchased for° on -going community: education,,, and Ctty..'s.Leisure Services brochure,: published quarterly, "Bkl`e U ucp` stgns < were purchased and, placed at, will'.be•used,Ao provide every household in the city with strategic:; street, comers: and near the exits to major.: a listing of upcoming health related activities. Providing employers. After.one year, surveys showed a 13 percentr direction to 'the program- is- a broad -based. steering increase. from 49 percent to 62. percent. In the city's committee including, representatives from the Contra second. year, the.program focus shifted to water safety Costa County Health -Department, various departments and drowning prevention. Palm Desert produced a withinthe city, educators, religious leaders, and members brochure, "How to.Use YourPool and Spa Safely" and of the community. . obtained. water, safety coloring books, imprinted the, City's name and logo, for local distribution. This year, the City's focus is on emergency/disaster preparedness including the offering of a hazard analysis by theaCity. Building Department during the month of April (designated as Earthquake Preparedness Month); coordination with local retailers to promote household emergency products; provision of educational material to teachers; and presentations to the community. ROHNERT PARK (population 35,000) Creating a'TTobacco-Free City" by the end of the decade has 'been; the, goal of. Rohnert. Park's ' Healthy 'Cities Program, with education and public relations targeted towards students, residents, the elderly, workers and the hospitality industry. Rohnert Park received $150,000 in grant funds from the State Tobacco Control Section, the first city to receive.such funds, in developing a worksite i tobacco control project. The project partnered withi private non-profit organizations —raising awareness;, creating a "Teens As Teachers" program; educating local, sports groups to discourage courage tobacco use and! volun14 removal of tobacco look -alike products at ballparks; and working with local merchants in preventing; the sale of tobacco products to persons under 18 years of; age. Rohnert Park conducted a systematic assessment of health and human service needs of youth and, families', within the community. The survey, designed to provide, a benchmark of community health and well-being,' identified youth as a primary target for health promotion projects. This year, the City will focus on youth smoking cessation classes and integration of survey results into community service planning strategies. i ROSEVILLE(population 54'1000) , One of the most impressive .outcomes of-Roseville's Healthy Cities efforts has been the development of a Vision Statement as an over -arching guide to project. values and long-term goals. Constructed as a "living" document, the Steering Committee's Vision Statement is planned to be shared with and affirmed by the community. . As a first increment in fulfilling the.,vision, Roseville's Healthy. Cities project has targeted the improvement in delivery ofhealth services to low income mothers, infants, and. children.. The project.was selected. by a vote. of the steering committee, using the California Alliance ' of Referral Services (CAIRS) taxonomy of community services as wellas data provided by the Placer County Health Officer. Over the next year, the project will work towards obtaining a permanent facility for health care delivery; conducting a needs assessment of the, mothers., in the target population;. and expanding and enhancing healthcare or other services to the targetpopulation based upon the findings and recommendations of the needs assessment i i SANTA CLARITA (population 131,000) The Santa Clarita Healthy Cities Program has focused on a commitment to provide recreational opportunities and access to open space for all its residents. In its first year, the project. involved abroad spectrum of stakeholders to develop a master plan. for the. Santa Clara River open space area. The master plan providedfor the preservation of sensitive ecological areas, including a trail system and avariety of park -related features. Community awareness - and consensus for preserving the Santa Clara River open space led to an open -space acquisition and maintenance strategy; the construction of the South Fork Trail; i i I 3 application for a State Clean Air and Transportation Improvement Act Grain for construction of the East/ West Trail; and development of a walking promotion program as a demonstration project. Santa Clarita dedicated the,SouthFork Trail inMay 1993 as part oftheir "Healthy Cities Day." This year, the City will focus on continued expansionof the trail system as well as offering resident and neighborhood training for emergency preparedness. WEST HOLLYWOOD (population 35,000) Nationally recognized for its commitment to human services, the West Hollywood Healthy Cities Program has emphasized addressing the city residents' long- term health care needs. One indicator of this commitment was the. city's direction of over $950,000 to community -based organizations that addressed a number of longterm care, issues. A:respite day care center to serve people- living with AIDS and the frail elderly has opened; staff training for the'center has been implemented, as an on -going process; and community outreach and coordination of services with existing agencies has begun. In 1991, West Hollywood received- the Conference- of Mayors. City Livability Award= —one- of.,only- five cities in: the nation so-, honored -for its: entirespectrum of AIDS, services,. including the AIDS component of the city's long term. care project. This year., West Hollywood will continue to focus on combined cultural/life-style services as well as constructing a second.41-unit affordable housing project .to accommodate the. frail. elderly and persons living with AIDS. - CHARTER CITIES: Arcata, Duarte, Long Beach, Monterey Park, Palm Desert, Pasadena, Rohnert Park, Santa Clarita, South El Monte, and West. Hollywood California Healthy Cities is a collaborative project of the California Department of Health Services and the Western Consortium for Public Health. Revised 911/93 • • JAMES R. MOORE' WILLIAM M. MARTI CORCHA PAUL FREDERIC MAR% JAMES L. MORRIS WILLIAM R. BIEL ANNE NELSON LANPHAR RICHARD A. CURNUTT WILLIAM J. CAPLAN LEONARD A. HAMPEL MICHAEL T. HORNAK JOHN B. HURLBUT, JR. JANICE L. CELOTTI MICHAEL W. IMMELL PHILIP D. KOHN MI LFORD W. DAHL. JR. JOEL D. KUPERSERG TH EODORE I. WALLACE. JR.- STEVEN A. NICHOLS RONALD P. ARRINGTON THOMAS G. BROCKINGTON RICHARD P. SIMS WILLIAM W. WYNDER M ARSHALL M. PEARLMAN' EVRIDI KI (VICKI) DALLAS ROBERT C. BRAUN RANDALL M.BABBUSH EDWARD D. SYBESMA. JR.- MARY M. GREEN THOMAS S. SALI NGER' PHILIP M. PRINCE DA "D C. LARSEN• TNOM45 J. CRANE CLIFFORD E. FR IEDEN MARK B. FRAZIER MICHAEL D. RUBIN M. KATHERINE JENSON IRA G. RIVIN' DUKE F. WAHLOUIST JEFFREY M. ODERMAN' RIC HARD G. NONTEVIDEO JOSEPH D. CARRUTH LORI SARNER SMITH STAN WOLCOTT. ERNEST W. KLATTE. III ROBE S. BOWER ELIZABETH L. HANNA OAV ID J. ALESHIRE KIM D. THOMPSON MARCIA A. FORSYTH JAYNE TAYLOR KACER� RUTAN & TUCKER ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS BANK OF THE WEST, SUITE 1400 611 ANTON BOULEVARD COSTA MESA, CALIFORNIA 92626-1998 DIRECT ALL MAIL TO: P. 0. BOX 1950 COSTA MESA, CALIFORNIA 92626-1950 TELEPHONE (714) 641-5100 (213) 625-7S86 TELECOPIER (714) 546-903S A. W. RUTAN (I800-19721 JAMES B. TUCKER, SR. (I868-1950) MILFORD W. DAHL. SR. (1919-19881 H. RODGER NOWELL (1925-19831 December 3, 1993 Honorable Mayor and City Councilmembers City of West Covina 1444 West Garvey Avenue South West Covina, California 91790 MICHAEL K. SLATTERY STEWART PRESSMAN DEBRA J. DUNN PATRICK D. -CALLA DAY ID H SCOTT R. HOCHNER PINZOHE RIC HARD K. NOWELL A. PATRICK MUFIOZ MARK SMITH FLYNN SHE ILA VAZOUEZ STEELE KATHY FORBATH ESFAHANI ELLEN S. BANCROFT DAVID B. COSGROVE FRANK W. BATTAILE AN5 VAN LIGTEN MARK A. THOMPSON MATT"EW K. ROSS JAMES G. KAY STEPHEN A. ELLIS DEB ORAN L.HUENNEKENS JEFFREY WERTHEIMER PAUL J. SIEVERS . ROBERT O. OWEN S. DANIEL MARBOTTLE ADAM N. VOLKERT DAVINA f. HARDEN JEFFREY A. GOLDFARB INA RAILEANU SANFORD SHATZ DOUGLAS B. VANDERPOOL F. KEVIN BRAZIL JOSEPH L. MAGA III LAYNE H. MELZER JANE M. ROWEN L. SKI HARRI SON THO HAS LAWSON POSEY DAN SLATER KRAIG C. KILGER JAME5 R. ROUSE SCOTT R. SANTAGATA CAROL L. DEMMLER LISA COPE DUFLOCK A PROFESSIONAL CORPORATION GARVIN F. SHALLENBE RGER DAVID J. GARIBALDI. III KC5 DEC 0 8 1993 CITY CLERK'S OFFICE CITY OF WEST COVINA Re: Brown Act Changes Regarding Closed Sessions - Effective - .April 1, 1994 Dear Mayor Jennings and City,Councilmembers: As you know, the Brown Act has been amended, effective April 1, 1994.1 A citizen has asked the Council to adopt at least a portion of those changes as soon as possible, rather than wait for April 1, 1994. The City legally may do so, either by policy or by ordinance. At the request of the City Manager, this letter reviews the Brown Act revisions regarding agendizing and reporting out of litigation closed sessions, as the perceived changes to those sections prompted the request for early adoption. As we've discussed, the purpose of the litigation closed session exception to the Brown Act is to allow a public agency the same confidential attorney -client privilege as a private business. The scope of that privilege is that set out in Government Code § 54956.9, which describes the litigation closed session exemption to the Brown Act. We have attached a copy of the Brown Act showing current language and deletions and additions. 1 The League believes some ,remaining inconsistencies between the bills will be addressed in the January 1994, clean-up legislation. FS2\482\014125-0003\2074722. 12/03/93 RUTAN & TUCKER ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS Honorable Mayor and City Councilmembers December 3, 1993 Page 2 Discussion I. BASIS FOR LITIGATION CLOSED SESSION. Before a closed session is agendized, there must be an appropriate legal basis for that closed session as set out in Gov. Code § 54956.9. That section has been amended both to limit and describe in greater detail facts and circumstances supporting a closed session for pending litigAtion.against the public agency.. A. . Existing Litigation. The amendments do not change the authority to hold a closed session to discuss existing litigation (which includes non -court "adjudicatory" proceedings such as workers compensation' hearings or arbitrations). "Existing litigation" is that which has been "formally initiated,", i.e.' by a filing with a court or administrative body. The closed session exemption for existing litigation covers settlement negotiations. (75 Ops. Cal. Atty. Gen. 14 (1992).) The Brown Act amendments also acknowledge that settlement is covered by this exception by providing that a case name need not be placed on the agenda where to do so will jeopardize settlement negotiations and in the new provisions for reporting out final settlements. B. Pending Litigation against the Public Agency. Section 54956.9(b), as amended, limits the facts and circumstances which support a "significant exposure to litigation against the public agency" and requires disclosure of certain facts and circumstances. For example, where facts and circumstances might result in litigation against the public agency but the potential plaintiff doesn't know about such facts yet, they need not be disclosed. (This is a restatement of existing law.) In contrast, where the accident or other incident is known to potential plaintiffs, the circumstances must be stated on the agenda. Similarly, a tort claim or other written evidence of pending litigation must be made available to the public upon request at that meeting when it has been distributed to a majority of the Councilmembers (and is not otherwise confidential). F52%482%014125-000312074722. 12/03/93 RUTAN & TUCKER ATTORNEYS AT LAW A PARTNER5NIP INCLUDING PROFESSIONAL CORPORATIONS Honorable Mayor and City Councilmembers December 3, 1993 Page 3 C. Litigation Which May Be Initiated By The Public Agency. There has been no change in the basis for this exception (except that 'an attorney's statement no longer is required, as discussed below) and there is no requirement that the facts and circumstances underlying the exception be stated. 11. ANNOUNCING AND AGENDIZING CJOSED SESSIONS REGARDING LITIGATION. A. Present Law. Under present law, it has not been clear whether litigation closed sessions must be agendized, although the practice in West Covina has been to do so. When agendized, the closed session has been identified by reference to the appropriate subsection of Government Code § 54956.9, i.e. § 54956.9(a) for litigation actually filed and the name of the case; § 54956.9(b) for pending litigation against the City (no names required); or (c) for litigation the City may commence (again, no names required). Within seven days of the closed session, the public agency counsel was required to submit a confidential memo setting out the factual basis for the closed session. This memo was protected from disclosure under the Public Records Act until the conclusion of the litigation. B. Amended Law. .Government Code § 5.4954.2 now requires that litigation closed sessions be agendized as described in § 54954.5 (c), which distinguishes between "existing" and "anticipated" litigation.2 The agenda item would look like this: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(a): Name of case or proceeding (or parties or case number) 2 Practically speaking, given the reporting out requirements, both a closed and open session should be agendized. FS2\482\014125-0003\2074722. 12/03/93 RUTAN & TUCKER ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS Honorable Mayor and City Councilmembers December 3, 1993 Page 4 (1) If to specify the case name would jeopardize service of processor settlement negotiations, the case name may be replaced by a statement to that effect. (2). Thus, under the new requirements, the existing BKK cases will be agendized in the same was as they now are: City of West Covina v. BKK. In contrast, when a claim has been filed or there only has been a written or oral threat of litigation, there may be "anticipated" litigation.. "Anticipated" litigation is agendized by specifying whether the City is exposed to or is considering initiating litigation and the number of cases: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (Specify number of potential cases) Initiation of litigation pursuant to subdivision (c) of Section 54956.9: (Specify number of potential cases) This closed session is based on (unless these facts are confidential or not known to plaintiffs). Facts and circumstances supporting the City's initiating litigation need not be stated on 'the agenda. (Gov. Code § 54956.9(c).) The requirement fora confidential memo from legal counsel has been deleted. As under former law, the same statement as set out on the agenda must be made orally before the closed session. (Gov. Code § 54957.7.) III. REPORTING FROM LITIGATION CLOSED SESSION. Present law does not require disclosure of the litigation matters discussed at the conclusion of each litigation closed session; to do so would defeat the purpose of the closed session in preserving the attorney -client privilege. Government Code Section 54957.1 presently requires reporting at the next meeting of any action to hire or fire a public employee. The revisions to Government Code § 54957.1 now address reporting out of closed session actions regarding approval of real FS2\482\014125-0003\2074722. 12/03/93 RUTAN 5L TUCKER • ATTORNEYS AT LAW A PARTNERSHIP INCLUOINO PROFCSSIONAL CORPORATIONS Honorable Mayor and City Councilmembers December 3, 1993 Page 5 estate agreements, disposition of tort claims, employment or dismissal of employees,, approval of a labor agreement, or two types of litigation actions. There is no requirement that discussions regarding case initiation or strategy. Please note that the amendments do not prohibit action in closed session; in fact, they acknowledge such action is appropriate but require immediate reporting 'of it. A. Approval regarding appellate review: The report must be made the same meeting as that during which the closed session was conducted and may be oral or written. The report must state any approval to defend, seek or refrain from seeking appellate review or supporting such review as amicus curiae. The adverse parties and the substance of the litigation must be identified unless the approval was to initiate an action and -such disclosure would jeopardize service or settlement. B. Approval of Settlement. The closed session approval of a final settlement of pending litigation must be reported. If the Council accepts a settlement offer signed 'by the opposing party ( and the settlement therefore is final) , that must then be reported in open session along with the substance of the agreement. Where final approval of the settlement rests with another party, the settlement (and an explanation of it) must be reported as soon as approved (presumably on the next agenda) and must be disclosed to any person who inquires about the settlement after it has become final. C. Disclosure Upon Request. In addition to disclosure upon returning to public session, the amendments require that copies of settlement documents approved in closed session be made available to those who have requested copies in advance and who are present at the time the closed session ends. (Requests may be made as part of a written request for notice of regular or special meetings or within 24 hours of the posting of the agenda.) If the agreement has been requested and approved in final form but needs retyping, then it must be provided the next day, or when substantive agreements are complete, and the Mayor or his/her designee must explain the amendments to the requester. There are a number of other changes to the Brown Act regarding its application to standing committees, descriptions of other types of closed sessions and possible remedies for violation. These are shown in the attached redlined version of the Act, and will be reviewed for April 1, 1994, or any earlier implementation date chosen by the Council. FS2\482\014125-0003\2074722. 12/03/93 V RUTAN & TUCKER ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROLES SIONAL CORPORATIONS Honorable Mayor and City Councilmembers December 3, 1993 Page 6 Please let me,know if you have questions or comtents. Very truly yours,- RUTAN & TUCKER Elizabeth L. (Hanna) Dixon ELD:sk encl FS2\482\014125-0003\2074722. 12/03/93