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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