HomeMy WebLinkAbout12-129 - Resolutions RESOLUTION NO. 12-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA ADOPTING A POLICY TO
CONTINUALLY COMPLY WITH ALL THE REQUIREMENTS OF
THE BROWN ACT DURING THE STATE OF CALIFORNIA'S
THREE-YEAR SUSPENSION OF STATE MANDATES AS
CONTAINED IN AB 1464 AND SB 1006
WHEREAS,in 1953 the League 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 meetings act, now known as the Brown Act; and
WHEREAS, at the time of the enactment of the Brown Act, many city charters 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,the cities of California have been pioneers in achieving greater transparency
in government, adopting local open government policies and involving tens of thousands of citizens
in the affairs of their cities; and
WHEREAS, independent of the requirements of state law, city governments across
California have an unquestioned commitment to transparency and openness in city operations and
government; and
WHEREAS, in 2004 the League proudly supported Proposition 59, a constitutional
amendment that passed with 83%of the vote that guarantees the right of public access to meetings
of government bodies and writings of government officials; requires that statutes and rules furthering
public access shall be broadly construed, or narrowly construed if limiting access; and further
requires future statutes and rules limiting access to contain findings 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 the Brown Act; and
WHEREAS, it is apparent that the purpose of the mandate suspensions is to comply with
the requirements of 2004 Proposition 1A, strongly supported by the League, that the 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 the
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 the Brown Act
mandate; 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,city governments in California enjoy such 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 in city government.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga that a policy be adopted to continually faithfully comply with all of the requirements of
the Brown Act during this three year suspension.
Please see the following page for
formal adoption,certcation and signatures
Resolution No. 12-129 - Page 2 of 3
PASSED, APPROVED, AND ADOPTED this I"day of August 2012.
AYES: Alexander, Buquet, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
[! nn s Michael, Ma r 7
ATTEST:
e•
ice C. Reynolds, City Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, do
hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City
Council of the City of Rancho Cucamonga, at a Regular Meeting held on the 1t day of August 2012.
Executed this 2nd day of August 2012 at Rancho Cucamonga, California.
L
Iff
ice C. Reynolds, S cretary
Resolution No. 12-129 - Page 3 of 3