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Continuation of all Provisions of the Ralph M. Brown Act <br />August 14, 2012 <br />Page 2 <br />Included in the schedule of suspended State mandates is the suspension of several key <br />provisions of the Brown Act: <br />1. Public Noticing of Agenda: The Act suspends the requirement to post an <br />agenda of regular meetings 72 hours in advance. <br />2. Closed Session Noticing on Agenda and Reporting: The Act suspends <br />obligations to include a brief general description of all items to be discussed in <br />closed session on the agenda and the obligation to report in open session prior <br />to adjournment on the actions and votes taken in closed session regarding <br />certain subject matters. The Act also suspends the obligation to provide copies <br />of closed session documents. <br />Because compliance with these provisions of the Brown Act are State mandated <br />actions, local governments, like the City, were historically reimbursed for these <br />requirements. The Act, therefore, has the negative effect of eliminating these <br />reimbursements. <br />However, the public has become accustomed to the provisions of the Brown Act as part <br />of the City's responsibility to transparency and the availability of information to the <br />public. Continuing these measures, despite being stripped of the funding to do so, <br />demonstrates the City's commitment to open government. <br />ENVIRONMENTAL REVIEW: <br />Staff recommends the City Council find this action is not subject to the California <br />Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will <br />not result in a direct or reasonably foreseeable indirect physical change in the <br />environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) <br />of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it <br />has no potential for resulting in physical change to the environment, directly or <br />indirectly. <br />