HomeMy WebLinkAbout08 AFFIRMATION OF CITY'S COMPLIANCE WITH THE BROWN ACTAGENDA REPORT
Agenda Item
Reviewed:
City Manager
FN.nce
8
MEETING DATE: AUGUST 7, 2012
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: JEFFREY C. PARKER, CITY MANAGER
SUBJECT: AFFIRMATION OF CITY'S COMPLIANCE WITH THE BROWN ACT
SUMMARY
At the request of the Mayor, a City Council Resolution is proposed which reaffirms the
City's commitment to continued compliance with the Ralph M. Brown Act ( "Brown Act ")
notwithstanding the California Legislature's recent suspension of some of the Brown
Act's provisions relating to, among other things, preparation and posting of agendas;
disclosure in open session of items to be discussed in closed session; and the reporting
out in open session of specified actions and votes taken in closed sessions.
RECOMMENDATION
Approve Resolution 12 -73 Affirming the City's Commitment to Continued Compliance
with the Brown Act.
BACKGROUND
The State of California imposes numerous mandates on cities. Among these mandates
are provisions within the Brown Act. By law, the State is required to reimburse cities for
the cost of implementing such state mandates.
On June 27, 2012, AB 1464 and SB 1006 became effective. Combined they contain a
schedule of state mandates that are suspended for the fiscal years 2012 -2013, 2013-
2014, and 2014 -15, including several provisions of the Brown Act. The suspension of
specified state mandates, including provisions of the Brown Act, was a budget reduction
move by the State to avoid having to reimburse local agencies, including the City, for
the actual costs of implementing these state mandates.
The portions of the Brown Act that were suspended include:
• The 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.
• The inclusion on the agenda of a brief general description of all items to be
discussed in closed session.
Agenda Report — Affirmation of Continued Compliance with Brown Act
August 7, 2012
Page 2
• The disclosure in open session of any item to be discussed in closed session at
that meeting.
• In specified circumstances, the making of a report in open session of the actions
and votes taken in that meeting's closed session.
• In specified circumstances, the providing of copies to the public of closed session
documents.
Resolution 12 -73 would affirm that notwithstanding the suspension of these Brown Act
state mandates that the City will continue to abide by and implement all applicable
requirements of the Brown Act, including those which have been suspended, to ensure
that City government remains transparent, open and responsive.
Cities have been encouraged both by the Association of California Cities Orange
County and the League of California Cities to continue to abide by all applicable Brown
Act provisions and numerous cities in California have adopted resolutions similar to
Resolution 12 -73.
FISCAL IMPACT
The City will continue to incur costs associated with preparing and posting agendas and
complying with the other suspended provisions of the Brown Act without State
reimbursement. The City's total annual cost with Brown Act mandates is $38,169.
Staff will be available to address any questions.
Attachment: Resolution 12 -73.
RESOLUTION NO. 12 -73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AFFIRMING THE CITY'S
COMMITMENT TO CONTINUED COMPLIANCE WITH THE
RALPH M. BROWN ACT.
WHEREAS, the City of Tustin is a steward of public trust and resources and it is the
responsibility of the City of Tustin to represent its citizens in a transparent and open
manner consistent with the laws of the State; and
WHEREAS, a key tool in providing transparency has been the Ralph M. Brown Act
( "Brown Act "), a law that requires, among other things, that meetings of local
governments be held in public, that local governments inform the public of all meetings
and report the results of such meetings in a proactive and timely manner; and
WHEREAS, in the interests of good government and commitment to its citizens, the City
of Tustin has adhered to the spirit and letter of the Brown Act since its passage in 1953;
and
WHEREAS, Assembly Bill 1464 and Senate Bill 1006, suspended certain requirements
of the Ralph M. Brown Act for the next three fiscal years from July 1, 2012, through
June 30, 2015, as part of the State's attempt to balance its budget; and
WHEREAS, suspended portions of the Brown Act include, among other things,
requirements to prepare and post agendas of regular meetings 72 hours prior to the
regular meeting and to report on the results of a closed session meeting following its
conclusion under specified circumstances; and
WHEREAS, Assembly Bill 1464 and Senate Bill 1006 also suspended the requirement
that the State reimburse the City of Tustin for the actual costs it incurs in implementing
the suspended provisions of the Brown Act, including, but not limited to, costs
associated with the publishing and posting of the agenda and closed session meeting
reporting; and
WHEREAS, notwithstanding the suspension of these Brown Act provisions and the
funding for the City of Tustin's costs to implement these provisions, the City Council of
the City of Tustin affirms that the City shall continue to implement all applicable
requirements of the Brown Act.
THEREFORE BE IT RESOLVED by the City Council of the City of Tustin that the City
of Tustin, its City Council, appointed committees, boards and commissions and other
City government entities, shall continue to implement all applicable requirements of the
Brown Act to ensure transparent, open and responsive City government.
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PASSED AND ADOPTED by the City Council of the City of Tustin at a regular
meeting on the 7th day of August 2012.
JOHN NIELSEN
Mayor
ATTEST:
PATRICIA ESTRELLA
City Clerk Services Supervisor
APPROVED AS TO FORM:
DAVID E. KENDIG
City Attorney
869883.2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN
I, Patricia Estrella, City Clerk Services Supervisor and ex- officio Clerk of the City
Council of the City of Tustin, California, do hereby certify that the whole number of the
members of the City Council of the City of Tustin is five; that the above and foregoing
Resolution No. 12 -73 was duly passed and adopted at a regular meeting of the Tustin
City Council, held on the 7th day of August, 2012, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PATRICIA ESTRELLA
City Clerk Services Supervisor
869883.2