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HomeMy WebLinkAbout2012/08/07 Item 11RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENT TO COMPLY WITH ALL PROVISIONS OF THE RALPH M. BROWN ACT AND DIRECTING THE CITY CLERK TO DISTRIBUTE THE RESOLUTION TO CERTAIN STATE OFFICIALS AND OTHERS WHEREAS, the City of Chula Vista values all provisions of the Ralph M. Brown Act, California's open meeting law; and WHEREAS, the Brown Act, found at California Government Code sections 54950, et seq., requires open and public meetings of legislative bodies of local agencies, allows members of the public to be present and to address a legislative body on issues within its subject matter jurisdiction, and requires reporting of certain actions taken during closed sessions; and WHEREAS, the Brown Act requires local governments to prepare and post agendas for public meetings at the meeting site and online; and WHEREAS, state law provides for reimbursement to local agencies of the costs associated with the state-mandated Brown Act requirements; and WHEREAS, the State of Califomia FY2012/2013 adopted budget cut the funds which reimburse local entities for the costs associated with compliance with the Brown Act for three years; and WHEREAS, as a result of the budget cuts, the State suspended certain state-mandated local programs, including those contained within the Brown Act, for the 2012-13, 2013-14 and 2014-15 fiscal years; and WHEREAS, the City of Chula Vista reaffirms and seeks reimbursement of all costs currently due to the City of Chula Vista by the state of California for compliance with the Brown Act; and WHEREAS, the City of Chula Vista supports the enforceability of all applicable rights and remedies provided in the suspended provisions of the Brown Act, including the award of attorney fees and costs to a prevailing plaintiff in such enforcement actions. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Declare its intention to maintain compliance with all provisions of the Ralph M. Brown Act, regazdless of the suspension of related mandates by the State of California; and llA-~ Resolution No. Page 2 2. Direct the City Clerk to send a copy of this resolution to California Governor Jerry Brown, Assembly Speaker John A. Perez, the California League of Cities, Assemblymember Ben Hueso, Assemblymember Marty Block, California Senator Juan Vargas and all state legislators representing the City of Chula Vista. Presented by Steve Castaneda Deputy Mayor Approved as to form by / ~' ?CSrle oogi ~~ity ttorney ~, l/~ - ~- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS SUPPORT OF CALIFORNIA SENATE CONSTITUTIONAL AMENDMENT 7 (YEE) AND DIRECTING THE CITY CLERK TO DISTRIBUTE THE RESOLUTION TO CERTAIN STATE OFFICIALS AND OTHERS WHEREAS, the City of Chula Vista values all provisions of the Ralph M. Brown Act, California's open meeting law (the "Brown Act"); and WHEREAS, the Brown Act provides for open meetings and reporting of certain actions taken in closed sessions; and WHEREAS, the Brown Act requires local governments to prepare and post agendas for public meetings at the meeting site and online; and WHEREAS, the State of California FY2012/2013 adopted budget cut the funds which reimburse local entities for the costs associated with compliance with the Brown Act for three years; and WHEREAS as a result of the budget cuts, the State suspended certain state-mandated local programs, including those contained within the Brown Act, for the 2012-13, 2013-14 and 2014-15 fiscal years; and WHEREAS, the City of Chula Vista supports public notice of meetings of legislative bodies; and WHEREAS, the City of Chula Vista supports public disclosure of certain actions taken in closed sessions, in compliance with the Brown Act; and WHEREAS, California Senator Leland Yee has proposed Senate Constitutional Amendment (SCA) 7 which would place on the statewide ballot a measure to amend the Constitution to add the following: "Each public body shall provide public notice of its meetings and shall publicly disclose any action taken;" and WHEREAS, the City Council supports the adoption of SCA 7 (Yee), to the extent that it intends to make compliance with the Brown Act a Constitutional requirement not subject to suspension by the state legislature, and recommends that the proposed amendment be narrowly tailored to that purpose so that it not be construed to require legislative bodies to disclose actions not required to be disclosed under the Brown Act. ~l~--I Resolution No. Page 2 NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Declare the City CounciPs support of SCA 7 (Yee) in California, with the recommendation that the language be revised so that it cannot be construed to require legislative bodies to disclose actions not required to be disclosed under the Brown Act; and 2. Direct the City Clerk to send a copy of this resolution to California Governor Jerry Brown, California Senator Leland Yee, Assemblymember Felipe Fuentes, Chair of the Assembly Appropriations Committee, Assembly Speaker John A. Perez, the California League of Cities, Assemblymember Ben Hueso, Assemblymember Marty Block, California Senator Juan Vargas and all state legislators representing the City of Chula Vista. Presented by Steve Castaneda Deputy Mayor Approved as to form by l~ev~, t l Honorable Mayor and City Councilmembers City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 August 6, 2012 Dear Mayor Cox, Deputy Mayor Castaneda and Councilmembers Aguilar, Bensoussan and Ramirez, I am writing in support of the adoption of Resolutions 11 A and 11 B as recommended by Deputy Mayor Castaneda. The first resolution declares the City of Chula Vista's intention to comply with all aspects of the state-suspended portions of the Brown Act, including the enforceability of all applicable rights and remedies. The second resolution declares the City of Chula Vista's support for SCA 7, a bill by Senator Leland Yee that would protect the public right to know. By supporting these resolutions, you let the public know that you are committed to open government, despite the actions of the state. Also, by adopting these resolutions you ensure that the public has the same rights and remedies available to them as before the state suspension. As a former elected official in the City of San Diego and as the current vice president of Californians Aware, I urge you to support Resolutions A and B. Thank you. Sincerely, Donna Frye