RPVCCA_CC_SR_2012_08_21_K_Continued_Compliance_With_Provisions_Of_Brown_ActCITY OF
MEMORANDUM
RANCHO PALOS VERDES
REVIEWED:
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
CAROL W.LYNCH,CITY ATTORNEY
AUGUST 21,2012
THE CITY'S CONTINUED COMPLIANCE WITH THE
PROVISIONS OF THE RALPH M.BROWN ACT
CAROLYN LEHR,CITY MANAGER G9-.
RECOMMENDATION:
ADOPT RESOLUTION NO.2012-_,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.
BACKGROUND
AB 1464,which was signed into law on June 27,2012,contains a schedule of state mandates
that have been suspended during the 2012-2013 budget year.By suspending certain
requirements that are applicable to California cities,as mandated by State Law,the State is no
longer obligated to reimburse the cities for the cost of complying with the suspended State
mandates,which has a corresponding positive effect on the State budget.
The Brown Act is included on the schedule that is attached to AB 1464,but AB 1464 does not
explain the nature or the extent of the suspension.In the opinion ofthe City Attomey's Office,
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 ofa 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,pior to
any closed session.(See Gov.Code §54957.7 (a).)
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•Report in open session prior to adjoumment on the actions and \Utes 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).)
Our conclusion regarding the provisions of the Act that have been suspended is based on the
reference in AB 1464 to mo prior decisions of the Commission on State I'v1andates in which the
Commission determined that the above-listed requirements of the Brown Act impose
reimbursable mandates on local governments.By referencing the Commission's decisions,the
Legislature appears to have intended to suspend only these same requirements.The remainder
of the Brown Act therefore remains in effect,and meetings of local legislative bodies must
continue to be open and public,except as otherwise provided in the Brown Act.
Senate Bill 1006,which was enacted the same dayas AB 1464,amended Section 17581 of the
Government Code by adding the following provision:"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.
It is worth noting that this suspension is not unprecedented.These same Brown Act
requirements were suspended in 1990,at which time most cities reported they would continue to
comply with all requirements of the Brown Act regardless of the suspension.Earfy reports in the
media indicate that this ~II likely be the case again.
One of the Members of the Planning Commission (Commissioner Nelson)raised this issue at a
recent Planning Commission meeting and inquired whether the City had a policy about
continuing its compliance with the provisions of the Brown Act that have been suspended.At
the last City Council meeting, the City Attomey reported on this matter to the City Council,and
the Council concurred with the City Attomey's recommendation that a resolution setting forth the
City's ongoing commitment to the suspended provisions of the Brown Act should be presented
to the City Council for approval this evening.
DISCUSSION
Over the years,the City has reiterated its commitment to transparency and conducting its
business in public in compliance with the provisions of the Brown Act.To that end,the City
physically posts agendas of upcoming meetings in accordance with the requirements of the
Brown Act and places agendas on its \Aebsite to facilitate public access to this information.In
addition,City residents and others have become accustomed to reViewing agendas for meetings
of the City Council and City Commissions and Committees as a com.enient method by which to
learn about the topics that wll be addressed at upcoming meetings.Accordingly,the attached
resolution states that the City,the City Council and all of the City's Committees and
Commissions will continue to comply with the provisions of the Brown Act that have been
suspended by the State Legislature.
FISCAL IMPACT
The cost of complying with the Brown Act and the amount of reimbursement that was received
from the State for that compliance for Fiscal Year 10-11 was slightly more than $9,000.So,it is
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estimated that the City's continued compliance with the suspended provisions of the Act without
reimbursement from the State will cost the City approximately $9,000 per year,which will be
borne by the City's General Fund.
CONCLUSION
Staff recommends that the City Council adopt the resolution that is attached to this report.
ALTERNATIVES
As an alternative to Staff's recommendation,the City Council could decline to adopt the attached
resolution.
ATTACHMENTS
Draft City Council Resolution
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RESOLUTION NO.2012-_
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 dayas 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
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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 oftheir 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.
PASSED,APPROVED,AND ADOPTED this 21 st day of August 2012.
Mayor
ArrEST:
City Clerk
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