HomeMy WebLinkAbout06 - Continuation of All Provisions of the Brown Act�EW `Rr CITY OF
NEWPORT BEACH
City Council Staff Report Agenda Item No. 6
August 14, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Clerk's Office
Leilani I. Brown, City Clerk
949 - 644 -3005, [brown (a)newportbeach ca. aov
PREPARED BY: Leilani I. Brown, City Clerk
APPROVED: A
TITLE: CONTINUATION OF ALL PROVISIONS OF THE RALPH M.
BROWN ACT
ABSTRACT:
On June 30, 2012, the Governor signed into law the Budget Act of 2012 ( "Act "),
outlining expenditures and revenues for Fiscal Year 2013. To conserve State resources
the Act implemented a three year suspension of certain State mandates, including
provisions from the Ralph M. Brown Act ( "Brown Act "). The suspended Brown Act
provisions relate to the posting of agendas and the reporting out of actions taken in
closed session. The City of Newport Beach ( "City ") and its residents rely upon the
Brown Act to maintain trust and transparency in local government. Thus, despite the
suspension, the City desires to continue to fully comply with the Brown Act.
RECOMMENDATION:
Adopt Resolution No. 2012 -74 continuing all provisions of the Brown Act.
FUNDING REQUIREMENTS:
The attached resolution continues the City's current practice and is not anticipated to
require any additional funding beyond expenses normally incurred. However, during the
suspension, the City is not eligible to any reimbursement from the State for its
compliance with the suspended provisions from the Brown Act.
DISCUSSION:
The Act contained a schedule of enumerated State mandates that the legislation
suspended for the 2012 -2013 budget year. Legislation adopted the same day as the
Act extended the suspensions in the 2012 -13 budget years to the 2013 -14 and 2014 -15
budget years. Therefore, the suspension will actually last three years.
Continuation of all Provisions of the Ralph M. Brown Act
August 14, 2012
Page 2
Included in the schedule of suspended State mandates is the suspension of several key
provisions of the Brown Act:
1. Public Noticing of Agenda: The Act suspends the requirement to post an
agenda of regular meetings 72 hours in advance.
2. Closed Session Noticing on Agenda and Reporting: The Act suspends
obligations to include a brief general description of all items to be discussed in
closed session on the agenda and the obligation to report in open session prior
to adjournment on the actions and votes taken in closed session regarding
certain subject matters. The Act also suspends the obligation to provide copies
of closed session documents.
Because compliance with these provisions of the Brown Act are State mandated
actions, local governments, like the City, were historically reimbursed for these
requirements. The Act, therefore, has the negative effect of eliminating these
reimbursements.
However, the public has become accustomed to the provisions of the Brown Act as part
of the City's responsibility to transparency and the availability of information to the
public. Continuing these measures, despite being stripped of the funding to do so,
demonstrates the City's commitment to open government.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
Continuation of all Provisions of the Ralph M. Brown Act
August 14, 2012
Page 3
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
�40� �,
Leilani Brown
City Clerk
Attachment: Resolution continuing all provisions of the Brown Act
ATTACHMENT A
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH IN SUPPORT OF CONTINUING
ALL ELEMENTS OF THE RALPH M. BROWN ACT
WHEREAS, local governments are the stewards of public trust and resources,
and it is the responsibility of these local governments to represent their residents in a
transparent and open manner consistent with the laws of the State; and
WHEREAS, a key tool in providing transparency is the Ralph M. Brown Act
( "Brown Act "), a law that requires meetings of local governments be held in public, that
local governments inform the public of all meetings and its results in a proactive
manner, among many other key provisions; and
WHEREAS, the City of Newport Beach has adhered to the spirit and letter of the
Brown Act since its passage as a commitment to its residents; and
WHEREAS, the State's Budget Act of 2012 suspended certain requirements of
the Brown Act as part of the State's attempt to balance its budget, including
requirements to post agendas of regular meetings 72 hours prior to a public meeting
and obligations to report on the results of a closed session meeting following its
conclusion; and
WHEREAS, the State's Budget Act of 2012 also suspends State reimbursements
to local governments in compliance with the Brown Act, including, but not limited to,
costs associated with agenda publishing and closed session meeting reporting; and
WHEREAS, despite the suspension of these requirements and despite the loss
of State funds to maintain compliance, the City of Newport Beach will continue to
implement all requirements of the Brown Act.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
SECTION 1: The City of Newport Beach shall continue to implement all
requirements of the Brown Act to ensure transparent, open and responsive governance
of and for the people of our City.
SECTION 2: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 141" day of August, 2012.
Nancy Gardner
Mayor
Attest:
Leilani I. Brown
City Clerk