CC RES 2012-057RESOLUTION NO. 2012 -57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES ADOPTING A POLICY THAT THE CITY WILL CONTINUE
TO COMPLY WITH THE REQUIREMENTS OF THE BROWN ACT THAT
HAVE BEEN SUSPENDED FOR THREE YEARS BY THE STATE OF
CALIFORNIA, AS SET FORTH IN AB 1464 AND SB 1006.
WHEREAS, in 1953, the League of California Cities collaborated with the
California Newspaper Publishers Association and Assembly Member Ralph M. Brown to
draft and secure the passage of the State's local government open meeting law, now
known as the Ralph M. Brown Act ( "the Brown Act "); and
WHEREAS, at the time of the enactment of the Brown Act, many cities already
required open city meetings accessible to the public, and the Brown Act simply extended
that requirement to thousands of local agencies, including many special districts, school
districts, etc., that had not adopted similar policies; and
WHEREAS, many cities in California have been pioneers in achieving greater
transparency in government, adopting local open government policies and involving their
residents in the affairs of their cities; and
WHEREAS, independent of the requirements of state law, many city governments
across California, including the City of Rancho Palos Verdes, have an unquestioned
commitment to transparency and openness in city operations and government; and
WHEREAS, in 2004 the League of California Cities ( "League ") proudly supported
Proposition 59, a constitutional amendment that passed with 83% of the vote, which
guarantees the right of public access to meetings of governmental bodies and writings of
government officials; requires that statutes and rules furthering public access shall be
broadly construed, or narrowly construed if limiting public access; and further requires
future statutes and rules limiting access to contain findings that justify the necessity of
those limitations; and
WHEREAS, the State legislature recently passed AB 1464, a budget trailer bill
signed into law on June 27, 2012, which contains a schedule of state mandates that are
suspended during the 2012 -2013 budget year, including certain provisions of the Brown
Act; and
WHEREAS, it is apparent that the purpose of the mandate suspension is to
comply with the requirements of Proposition 1A, which was adopted in 2004 and was
strongly supported by the League, that the State Legislature must suspend mandates for
which it refuses to reimburse local governments; and
WHEREAS, Senate Bill 1006, which was enacted the same day as AB 1464,
amended Section 17581 of the Government Code by adding the following language: "All
state - mandated local programs suspended in the Budget Act for the 2012 -13 fiscal year
shall also be suspended in 2013 -14 and 2014 -15." The suspension will therefore last 3
years; and
WHEREAS, the State's dire fiscal condition has led to the suspension of certain
provisions of the Brown Act; and
WHEREAS, the Brown Act Committee of the League's City Managers Department
has concluded that the suspension extends to the following provisions of the Brown Act:
Preparation and posting at least 72 hours before a regular meeting of an agenda
that contains a brief general description of each item of business to be transacted or
discussed at the meeting. (See Gov. Code § 54954.2(a).)
Inclusion on the agenda of a brief general description of all items to be discussed
in closed session. (See Gov. Code § 54954.2(a).)
Disclosure of each item to be discussed in closed session in an open meeting,
prior to any closed session. (See Gov. Code § 54957.7 (a).)
Report in open session prior to adjournment on the actions and votes taken in
closed session regarding certain subject matters. (See Gov. Code §§ 54957.1(a)(I) -(4), (6);
54957.7 (b).)
Provide copies to the public of certain closed session documents. (See Gov.
Code § 54957.1 (b) -(c).)
WHEREAS, the Brown Act Committee advises there is precedent for this
suspension when the state took similar action in 1990 during a similar financial crisis and
that during that time most cities continued to comply with the requirements of the Brown
Act; and
WHEREAS, many city governments in California, including the City of Rancho
Palos Verdes, enjoy a comparatively high level of public support and confidence because
of their record of commitment to transparency and openness; and
WHEREAS, the Brown Act Committee has concluded that the suspended
provisions are central to the Act and that noncompliance with those provisions would
unquestionably degrade transparency and erode public support of city government:
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Rancho
Palos Verdes that the City of Rancho Palos Verdes hereby adopts a policy that the City of
Rancho Palos Verdes and its City Council and City Commissions and Committees shall
continue to comply with the above - referenced requirements of the Brown Act, which have
been suspended by the State Legislature for fiscal years 2012 -13, 2013 -14 and 2014 -15.
Resolution No. 2012 -57
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PASSED, APPROVED, AND ADOPTED this 21St day of August 2012.
Ma or
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2012 -57 was duly and regularly passed and adopted by the said
City Council at a regular meeting held on August 21, 2012.
City Clerk
Resolution No.2012 -57
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