Amended in Assembly March 9, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1880

Introduced by Assembly Member Irwin

February 10, 2016

begin delete An act to amend Section 35147 of the Education Code, relating to local educational agencies. end delete begin insert An act relating to state real property. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1880, as amended, Irwin. begin delete Local educational agencies: parent advisory committees: meetings. end delete begin insert State real property: reversion. end insert

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Existing law requires the Department of General Services to provide planning, acquisition, construction, and maintenance of state buildings and property, and maintain a statewide property inventory of all real property held by the state.

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This bill would authorize the Director of General Services to revert a specified parcel of state real property to the City of San Buenaventura pursuant to these provisions.

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This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Buenaventura.

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Under existing law, the meetings of school district governing boards are subject to the provisions of the Ralph M. Brown Act, which generally requires that the meetings of the governing boards of local agencies be open to the public with proper notice given, permit the recording of those meetings, prohibit legislative bodies from taking action by secret ballot and set forth other specific requirements for the conduct of those meetings. Existing law exempts the meetings of specified schoolsite councils and committees from the Ralph M. Brown Act and the Bagley-Keen Open Meeting Act, but still requires properly noticed public meetings with posted agendas.

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This bill would delete obsolete statutory references from this provision and would correct references to certain parent advisory committees that fall within this exemption. The bill would also make nonsubstantive changes.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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(a) Notwithstanding any law, the Director of
General Services shall revert the real property described in
subdivision (b) to the City of San Buenaventura.

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(b) (1) The real property to be reverted pursuant to subdivision
(a) is identified in Exhibit B of the Grant Deed to the State of
California from the City of San Buenaventura, recorded in the
County of Ventura as instrument number 20040802-0211869.

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(2) Exhibit B of the grant deed described in paragraph (1)
describes that real property as consisting of approximately 9.68
acres, and is described as beginning at the southeast corner of
said parcel of land described in deed recorded in book 4513, page
398, of official records; thence

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(A) 1st south 36˚00'00" east, 241 feet; thence

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(B) 2nd north 53˚34'00" east, 530.66 feet to the westerly line
of that linear park parcel described in that grant deed recorded
as instrument number 20030904-0335457 of official records;
thence along said westerly line for the following six courses

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(C) 3rd south 15˚01'34" east 47.18 feet to the beginning of a
non-tangent curve concave easterly, having a radius of 527.68
feet and a radial bearing of south 64˚42'54" east; thence

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(D) 4th southwesterly along said curve an arc distance of 237.74
feet through a central angle of 25˚48'51"; thence

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(E) 5th south 00˚31'45" east, 40 feet to the beginning of a
tangent curve concave westerly and having a radius of 427.68
feet; thence

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(F) 6th southerly along said curve an arc distance of 114.40
feet through a central angle of 15˚19'33"; thence

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(G) 7th south 40˚51'15" west, 473.78 feet; thence

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(H) 8th south 22˚46'13" west, 161.08 feet to a point on the
northerly line of Ventura County Transportation Commission
right-of-way, 100 feet wide, as described in a deed recorded as
instrument number 95-131254 of official records; thence along
said northerly line

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(I) 9th south 40˚51'15" west, 104.73 feet to the easterly line of
parcel 82 as shown on that map of tract 4542 recorded in book
148, page 24 of miscellaneous records (maps); thence along the
easterly line of said tract 4542 for the following seven courses

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(J) 10th north 36˚26'00" east, 307.96 feet; thence

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(K) 11th north 28˚40'59" east, 38.85 feet; thence

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(L) 12th north 36˚26'00" east, 50.38 feet; thence

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(M) 13th north 51˚19'13" west, 134.80 feet; thence

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(N) 14th north 36˚19'01" east 110.16 feet to the beginning of a
non-tangent curve concave westerly, having a radius of 150 feet
and a radial bearing of north 33˚52'13" west; thence

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(O) 15th northerly along said curve an arc distance of 242.33
feet through a central angle of 92˚33'47"; thence

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(P) 16th north 53˚34'00" east, 313 feet to the point of beginning.

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begin insert SEC. 2. end insert   

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The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the requirements to build a veterans’ home
on said parcel of land, as contained in the grant deed recorded in
the County of Ventura as instrument number 20040802-0211869,
the fact that the State of California has no plans to build a
veterans’ home on said parcel of land, and that the City of San
Buenaventura wants to explore constructing veterans’ housing on
that parcel of land at the earliest opportunity.

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SECTION 1.  

Section 35147 of the Education Code is amended
to read:

35147.  

(a) Except as specified in this section, any meeting of
the councils or committees specified in subdivision (b) is exempt
from the provisions of this article, the Bagley-Keene Open Meeting
Act (Article 9 (commencing with Section 11120) of Chapter 1 of
Division 3 of Title 2 of the Government Code), and the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of
Division 2 of Title 5 of the Government Code).

(b) The councils and schoolsite advisory committees established
pursuant to Sections 52063, 52069, 52176, and 52852, subdivision
(b) of Section 54425, Sections 54444.2 and 62002.5, and
committees formed pursuant to Section 11503, are subject to this
section.

(c) (1) Any meeting held by a council or committee specified
in subdivision (b) shall be open to the public, and any member of
the public shall be able to address the council or committee during
the meeting on any item within the subject matter jurisdiction of
the council or committee. Notice of the meeting shall be posted at
the schoolsite, or other appropriate place accessible to the public,
at least 72 hours before the time set for the meeting. The notice
shall specify the date, time, and location of the meeting, and contain
an agenda describing each item of business to be discussed or acted
upon. The council or committee may not take any action on any
item of business unless that item appeared on the posted agenda
or unless the council or committee members present, by unanimous
vote, find that there is a need to take immediate action and that the
need for action came to the attention of the council or committee
subsequent to the posting of the agenda.

(2) Questions or brief statements made at a meeting by members
of the council, committee, or public that do not have a significant
effect on pupils or employees in the school or school district, or
that can be resolved solely by the provision of information, need
not be described on an agenda as items of business. If a council
or committee violates the procedural meeting requirements of this
section, and upon the demand of any person, the council or
committee shall reconsider the item at its next meeting, after
allowing for public input on the item.

(d) Any materials provided to a schoolsite council shall be made
available to any member of the public who requests the materials
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).

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