CalAware Community Forum http://www.calaware.net/ This is an XML content feed of; CalAware Community Forum : Last 10 Posts Wed, 10 Mar 2010 23:20:36 +0000 Sun, 07 Mar 2010 12:14:24 +0000 http://blogs.law.harvard.edu/tech/rss Web Wiz Forums 9.53 30 www.calaware.net/RSS_topic_feed.asp CalAware Community Forum http://www.calaware.net/forum_images/head_logo.gif http://www.calaware.net/ Access to Public Meetings : Agency refusal to post agenda http://www.calaware.net/forum_posts.asp?TID=717&PID=1370#1370 Author: extraordinaryboy
Subject: Agency refusal to post agenda
Posted: 07/March/2010 at 12:14pm

Hello all. I am convening a standing committee and have asked the responsible agency to post the agenda as it is offsite from the usual regular meetings. As it is a standing committee meeting it is open to the public and subject to the Brown Act. It is a Community Advisory Committee meeting which is under a SELPA (special education local plan area). If the agenda is not posted by the responsible agency within 72 hours I would like to make sure I have fulfilled my duty under the Brown Act in requesting the agency post the agenda. Can someone help.]]> Sun, 07 Mar 2010 12:14:24 +0000 http://www.calaware.net/forum_posts.asp?TID=717&PID=1370#1370 Access to Public Records : Red Light Camera Report http://www.calaware.net/forum_posts.asp?TID=716&PID=1369#1369 Author: RogerJ
Subject: Red Light Camera Report
Posted: 07/March/2010 at 12:45am

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Terry,
To answer your question, the closest thecontract gets to specifying what information the police dept isentitled to access is contain in section 7 of Exhibit A - Scope ofServices (pgs 21-23).  It specifies details of each violation:location, date, time, no. of seconds into the red, views of front,rear of vehicle, etc.  Also, it lists that cities have access to Quarterly speedand volume reports and monthly reports using the Redflex System.

Here is the URL for an exactcopy of the report I am seeking.  It is from an intersection ofa different city, however.


http://www.highwayrobbery.net/TrcDocsBurlingameLateTimesBarCharts2009AprJuly.pdf

Asyou can see from this bar chart, that nearly all violations occurring in lane 3 after 2 seconds into red reflect right turns on red.  This number taken together with the total of all violations will give the % of right turn violations vs. straight through violations.  This and the totals of violations occurring under 1 second after light turns red will give the number of violations which do not, in fact, result in high likelihood of causing any serious accident and is the number which proponents would just as well not want divulged.

I contend that this report is accessible and even though the police say they do not access the report, the information is accessed each time they view any violation.  AND as long as the information is accessed AND the report is easily accessible, it should be accessible by me.

Your thoughts?

Roger

]]> Sun, 07 Mar 2010 00:45:37 +0000 http://www.calaware.net/forum_posts.asp?TID=716&PID=1369#1369 Access to Public Records : Red Light Camera Report http://www.calaware.net/forum_posts.asp?TID=716&PID=1368#1368 Author: RogerJ
Subject: Red Light Camera Report
Posted: 05/March/2010 at 1:11pm

Fremont'scurrent contract is attached.  The URL for the contract in PDF formatthanks to the editor of highwayrobbery.net website is
        http://www.fremontpolice.org/redlight/pdf/Redflex_Fremont_Contract.pdf
Items in the contract which relate to information available to client cities can be found:
Page 16  section 1.5 Confidential Information
Page 17  section 1.10 Enforcement Documentation
Page 21  Section 7.1 and 7.3
Page 23  Section 7.8.1, 7.8.2, and 7.8.3
I have actually talked with the traffic officer in another city who views camera videos and issues citations.  He was able to call up the report I seek (for his city) while talking with me on the phone.  No problem, just a few clicks of the mouse.  Unfortunately, my local police are not as cooperative.  Both cities are Redflex clients.  I suspect Redflex may have put the word out to not give out this information since many jurisdictions made this report available and then late last year, virtually all "clammed up."
]]> Fri, 05 Mar 2010 13:11:58 +0000 http://www.calaware.net/forum_posts.asp?TID=716&PID=1368#1368 Access to Public Records : Red Light Camera Report http://www.calaware.net/forum_posts.asp?TID=716&PID=1367#1367 Author: Terry Francke
Subject: Red Light Camera Report
Posted: 05/March/2010 at 8:34am

If I were you my next step would be to request a copy of Fremont's contract with Redflex to determine just what information the department is entitled to access from the company. Without that information I think it becomes more difficult to make your case.  Please let us know if you get a copy.]]> Fri, 05 Mar 2010 08:34:12 +0000 http://www.calaware.net/forum_posts.asp?TID=716&PID=1367#1367 Access to Public Records : Red Light Camera Report http://www.calaware.net/forum_posts.asp?TID=716&PID=1366#1366 Author: RogerJ
Subject: Red Light Camera Report
Posted: 04/March/2010 at 10:57pm

I have been denied my request for a public record.  I am trying to get a report entitled Redlight Offender Statistics from the Fremont Police.  It is accessible by the police via their on-line access to Redflex Traffic Systems database, but the police do not use it or access it, they say.  Since they do not own, use, prepare, or retain it, it is not a public record, they say.

I say, I am entitled to equal access, even if you choose not to use the report.  By the way, it is the one report where one can determine closely how many occurrences of "red-light-running" are actually right turns on red and how many occurrences are late entries in tenths of seconds.  The stats might prove embarrassing to police when it shows a majority of the $446 fines are for low speed right turns violations in fractions of a second and not for the flagrant straight-through's we want to police and penalize.

I have appealed my decision most recently with the Mayor and am awaiting another denial of my request.  I am looking for legal representation to get the police to grant my request.  I am disappointed that two public interest lawyers so far have said that I do not have a good argument, but I insist that I do.  The information is (1) available (2) easily accessible in electronic format (3) retained by the police or at least by Redflex a contractor providing police services and (4) does not contain private, personal, or confidential information.  I understand that attorney fees can be awarded for a successful appeal.

Fremont's contract with Redflex expires in June and this information would be important and timely.

Ideas?
]]> Thu, 04 Mar 2010 22:57:38 +0000 http://www.calaware.net/forum_posts.asp?TID=716&PID=1366#1366 Access to Public Meetings : Resolutions for action not on the Agenda http://www.calaware.net/forum_posts.asp?TID=715&PID=1365#1365 Author: saveourcanyon
Subject: Resolutions for action not on the Agenda
Posted: 23/February/2010 at 4:06am

Thanks!]]> Tue, 23 Feb 2010 04:06:34 +0000 http://www.calaware.net/forum_posts.asp?TID=715&PID=1365#1365 Access to Public Meetings : Resolutions for action not on the Agenda http://www.calaware.net/forum_posts.asp?TID=715&PID=1364#1364 Author: Rich McKee
Subject: Resolutions for action not on the Agenda
Posted: 23/February/2010 at 3:58am

No, the Resolutions do not need to appear on the agenda. If approved, they are simply the Commission's formal statements approving the CUP, Development Agreement & Reclamation Plan.  It should be noted that this agenda description goes far beyond the minimum required by the Brown Act.]]> Tue, 23 Feb 2010 03:58:45 +0000 http://www.calaware.net/forum_posts.asp?TID=715&PID=1364#1364 Access to Public Meetings : Resolutions for action not on the Agenda http://www.calaware.net/forum_posts.asp?TID=715&PID=1363#1363 Author: saveourcanyon
Subject: Resolutions for action not on the Agenda
Posted: 23/February/2010 at 2:35am

The Azusa Planning Commission has been holding public hearings regarding a revised conditional use permit and revised reclamation plan (for a mining operation.), a draft development agreement, and a draft EIR for the project. The agenda for the next meeting includes an item on the public hearing but does not specify that the planning commission will be taking action on 3 separate resolutions. Do these resolutions need to be agendized or is the agenda item on the public hearing sufficient? I have included the agenda item below. Thanks to in advance to anyone who responds. 

F) PUBLIC HEARINGS
1. Azusa Rock Quarry Modification to Conditional Use Permit C-89-20, Development Agreement, Revised Reclamation Plan 
Applicant: Vulcan Materials Company
Location: Existing Azusa Rock Quarry, 3901 Fish Canyon Road
(Continued from the Planning Commission meeting of February 10, 2010)
Vulcan Materials Company, Western Division (Applicant) has submitted an application to the City of Azusa for a Revised Conditional Use Permit (Modification to C-89-20), a revised Reclamation Plan and a Development Agreement to modify the existing mining areas and reclamation approach at its existing Azusa Rock Quarry. A Draft Environmental Impact Report has been prepared for this project and is available for review at the City of Azusa Library, 729 N. Dalton Avenue, and in the City Clerk’s office and the Planning Division office at 213 E. Foothill Boulevard, Azusa.


Edited by saveourcanyon - 23/February/2010 at 2:36am]]> Tue, 23 Feb 2010 02:35:16 +0000 http://www.calaware.net/forum_posts.asp?TID=715&PID=1363#1363 Access to Public Meetings : Sudden date changes of Regular Meetings http://www.calaware.net/forum_posts.asp?TID=714&PID=1362#1362 Author: Terry Francke
Subject: Sudden date changes of Regular Meetings
Posted: 17/February/2010 at 5:09am

Your opinion is shared by many others, some of whom have adopted sunshine ordinances requiring more lead time for posting agendas.]]> Wed, 17 Feb 2010 05:09:25 +0000 http://www.calaware.net/forum_posts.asp?TID=714&PID=1362#1362 Access to Public Meetings : Sudden date changes of Regular Meetings http://www.calaware.net/forum_posts.asp?TID=714&PID=1361#1361 Author: boxofpoems
Subject: Sudden date changes of Regular Meetings
Posted: 16/February/2010 at 9:16pm

In my opinion, 72 hour notice is actually insufficient for regularly scheduled meeting agenda items.  Twenty four hour notice is definitely insufficient for the public, particularly because important issues can be discussed at meetings that are considered "special," only by virtue of the fact that they are not regularly scheduled on the calendar.  This creates a "catch all" for our city, Encinitas, for example, to label every single closed session a "stand alone special meeting," solely for the purpose of giving the public less notice, only 24 hours.  The Brown Act does discuss closed sessions under Regular Council Meetings, so presumably, if legal counsel and the City Manager are aware of a case to be discussed in advance,  the closed session could and should be a part of the regularly scheduled meeting so that interested parties could have at least 72 hour notice.  Public participation should be encouraged, not discouraged.]]> Tue, 16 Feb 2010 21:16:53 +0000 http://www.calaware.net/forum_posts.asp?TID=714&PID=1361#1361