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HomeMy WebLinkAboutCM Continue Implementation of Brown Actcrry o:��/ Agenda Item No: 3. b Meeting Date: August 20, 2012 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Management Services Prepared by: Jim Schutz, L City Manager Approval Assistant City Manager SUBJECT: APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONTINUING FULL IMPLEMENTATION OF ALL OF 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 BACKGROUND: 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 elements of the Brown Act. The same day, Senate Bill 1006, 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" fiscal years. The suspension will therefore last three years. 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; • inclusion on the agenda of a brief general description of all items to be discussed in closed session; • disclosure of each item to be discussed in closed session in an open meeting, prior to any closed session; • reporting in open session prior to adjournment on the actions and votes taken in closed session regarding certain subject matters; and • providing copies to the public of certain closed session documents. On July 20, 2012, the League of California Cities Board of Directors adopted a resolution congratulating cities for continuing to adhere to all provisions of the Brown Act despite the State's decision to suspend certain requirements for fiscal reasons. The League's resolution mentions that "it is apparent that the purpose of the mandate suspensions is to comply with the requirements of 2004 Proposition 1A ... that the Legislature must suspend mandates for which it File No.: 61 — / Council Meeting: _ Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 refuses to reimburse local governments." Therefore, it appears that the suspension of the State mandates for a three year period is a result of the State's dire fiscal condition. Additionally, the League's resolution congratulates cities for their continued faithful compliance with the requirements of the Brown Act, and "urges the California State Legislature to comply with similar transparency requirements, including publishing all agendas and legislation no less than 72 hours before proposed action is taken." ANALYSIS: The City of San Rafael intends to conduct business as usual and to follow the requirements in the Brown Act in order to ensure that meetings are open and transparent to the public. It is recommended the City Council approve the attached Resolution adopting a policy to comply with all the requirements of the Brown Act during the State's three-year suspension of this State mandate. For the past decade, our reimbursable costs related to the above suspended provisions of the Brown Act have been in the range of $21,000 to $40,000 per year. Prior to 2002, the City received full reimbursement. Since that time, we have received only a few thousand dollars. There has not been any indication from the State regarding when they will provide funding for past reimbursement -eligible expenses. Lastly, it should be noted that the City of San Rafael has in the past, and will continue to routinely exceed the public notification and transparency requirements of the Brown Act. As a few examples, the City offers live streams and archived videos on its website of City Council, Planning Commission, and Design Review Board meetings. These meetings are also televised through the Community Media Center of Marin. The City also utilizes e -blasts, e -newsletters, town hall meetings, study sessions, standing meetings with neighborhood representatives, and other methods of outreach and transparency. RECOMMENDED ACTION: Staff recommends that the City Council adopt the attached Resolution. OPTIONS: • Approve the Resolution • Modify Resolution and/or Direct Staff to Return with Modifications ATTACHMENTS: Resolution RESOLUTION NO. 13399 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONTINUING FULL IMPLEMENTATION OF ALL OF 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, the City of San Rafael adheres fully to all the provisions of the California Ralph M. Brown Act ("Brown Act;" Government Code § 54950 et seq.), commonly known as the state law governing open meetings for local legislative bodies; and WHEREAS, Assembly Bill 1464 (the "Budget Act of 2012") and accompanying Senate Bill 1006, signed by Governor Brown and filed with the Secretary of State on June 27, 2012, suspended specific unfunded mandates under the Brown Act during the three fiscal years 2012- 2013 through 2014-2015; and WHEREAS, the City of San Rafael will continue to adhere to and comply with the Brown Act requirements in the suspended provisions despite the State's decision not to fund these statutory mandates; and WHEREAS, the specific provisions of the Brown Act impacted by the Budget Act of 2012 include the following: • 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).); and WHEREAS, the City of San Rafael has in the past, and will continue to, routinely exceed the public notification and transparency requirements of the Brown Act. NOW THEREFORE BE IT RESOLVED, the City of San Rafael shall continue to implement all provisions of the Brown Act, including those suspended by the State under the Budget Act of 2012. I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 20`h of August 2012, by the following vote, to wit: AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Esther C. Beirne, City Clerk CITY OF SAN RAFAEL U I I Z IPIM 4 1 INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA/SRCC AGENDA ITEM NO. 3.b DATE OF MEETING: 08/20/12 FROM: Jim Schutz DEPARTMENT: MS DATE: August 14, 2012 TITLE OF DOCUMENT: Approval of a Resolution of the City Council of the City of San Rafael continuing full implementation of all of 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 nature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: ,)a City Manager (*ature) APPROVED AS TO FORM: City Attorney (signOure)