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Proposed Calpine Power Plant
aka Metcalf Energy Center

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Wednesday, January 15th, 2003 @ 3:06 PM
Subj: Brown Act Update
From: schnelson@earthlink.net

Later this afternoon Councilmember Forrest Williams will be presiding over yet another closed Metcalf Advisory Committee meeting on Calpine's private property: the site of the Metcalf Energy Center. If you look at Councilmember Williams' community calendar on his web site, there is no mention of this meeting so both the public and the press have no idea what will be discussed today.

After nearly one month I am still waiting for the promised response in writing from Councilmember Williams' office answering my inquiry about the Brown Act. I have been able to talk to a few people in City Hall and have learned that City Hall considers the meetings closed to the public. The public can only attend with permission from Calpine.

The Brown Act provides citizens a number of other important rights in addition to giving citizens the legal right to attend a meeting. Committees covered by the Brown Act must:

  • post notice and an agenda for any regular meeting (§§ 54954(a), 54954.2(a)); mail notice at least three days before regular meetings to those who request it, (§ 54954.1); post notice of continued meetings, (§ 54955.1); deliver notice of special meetings at least one day in advance to those who request it, (§ 54956); and deliver notice of emergency meetings at least one hour in advance to those who request it.. (§§ 54956, 54956.5)
  • notify the media of special or emergency meetings if requested, (§§ 54956, 54956.5); allow media to remain in meetings cleared due to public disturbance. (§§ 54957.9)
  • hold meetings in the jurisdiction of the agency except in limited circumstances, (§§ 54954(b)- (e)), and in places accessible to all, with no fee. (§ 54961(a))
  • not require a "sign in" for anyone. (§ 54953.3)
  • allow non-disruptive recording and broadcast of meetings, (§ 54953.5(a)), and let the public inspect any recording made by the agency of its open meetings. (§ 54953.5(b)) The agency may destroy recordings it made after 30 days. (§ 54953.5(b))
  • allow the public to address the covered board at regular or committee meetings on any item in the agency's jurisdiction not addressed by the agency at an earlier open meeting.. (§ 54954.3(a))
  • conduct only public votes, with no secret ballots. (§ 54954.3(c))
  • treat documents as public "without delay," if distributed to all or a majority of members of a board before or at the meeting, unless they are also exempt under the Public Records Act. (§ 54957.5)

We need to starting thinking about the implications of closed meetings if an important issue develops requiring the attention of the Metcalf Advisory Committee. How will we know? What if Calpine wants to coverup the issue? Will Calpine give us permission to attend and speak out on the issue? Will the press be allowed to attend, record, and film unannounced? Closed meetings have no place in our community. Unfortunately we do not have an effective advocate in City Hall to push for openness.

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