|
284
<br />Brown Act
<br />City Manager Benest advised the Adjourned Meeting this evening is being
<br />held to review amendments to the Brown Act which will become effective
<br />on January 1, 1987. Mr. Benest stated members of the Boards and Com-
<br />missions, for the City of Colton, have been invited so that they will
<br />be informed of these new amendments. Mr. Benest concluded our City
<br />Clerk, Helen Ramos, will make the presentation.
<br />Mrs. Ramos reported Section 54943, of the Government Code, requires
<br />that all meetings of "legislative bodies" be open and public, which
<br />applies to meetings of the City -Council where a quorum of its members
<br />are present -to discuss the public's business. It also applies to any
<br />advisory •group created by a formal act of the City Council and to any
<br />multi -member board of committee which exercises authority delegated to
<br />it by the City Council, or which is a permanent board of commission;
<br />however, the Act specifically exempts from coverage any advisory body
<br />comprised of less than a quorum of the legislative body.
<br />Mrs. Ramos then- read the 10 boards/commissions/committees which would
<br />fall under the requirements of AB 2674, recommending that the City
<br />Council so designate then by resolution. Mrs. Ramos also advised
<br />there are two committees - Centennial Committee and South La Cadena
<br />Advisory Committee - which do not meet the three criteria looked at by
<br />Staff -and would therefore be exempt.
<br />Mrs. Ramos advised AB 2674, which takes effect January 1, 1987, requires
<br />local agencies to post an agenda 72 hours prior to each regular meeting,
<br />and 24 hours prior to a special meeting, of the City Council, Planning,
<br />or other commissions subject to the Brown Act, requires local agencies
<br />to provide an opportunity for the public to address the legislative
<br />body, generally prohibits the legislative body from acting on items
<br />not appearing on the agenda, and authorizes bringing suit to void cer-
<br />tain actions taken in violation of the Brown Act.
<br />Mrs. Ramos spoke about two different workshops she had attended regard-
<br />ing implementation of AB 2674, stating that in both workshops, the
<br />recommendation for implementation was to have each City Council adopt,
<br />by resolution or otherwise, a procedure to be followed. Staff has re-
<br />searched the implementation requirements and proposes that the Council
<br />Meetings Manual of Procedure, prepared by the City Clerk and adopted by
<br />resolution of the City Council in 1975, be amended to incorporate the
<br />new law.
<br />Mrs. Ramos continued the City Council has created and made appointments
<br />to many boards, commissions and committees by ordinance, resolution and
<br />minute action. Staff is studying the various advisory groups to deter-
<br />mine which would fall under the application of the Ralph M. Brown Act,
<br />and, in particular, AB 2674, looked at the following criteria:
<br />1. The board, commission, committee was formally created by the City
<br />Council, by ordinance, resolution -or minute action.
<br />2. The members of the creat.e.d group were appointed by the City Council.
<br />3. The formally created group exercises authority delegated to it by
<br />the City Council and serves in an advisory capacity to the City
<br />Council.
<br />Mrs. Ramos said following presentation
<br />Council.Meetings Manual of Procedure,
<br />questions and discussion.
<br />of the proposed amendments to th
<br />Staff will open the matter up for
<br />Mrs. Ramos concluded Staff recommends Council adoption of Resolution No.
<br />R-184-86, designating and exempting boards, commissions and committees
<br />with regard to specific requirements of AB 2674, and Resolution No. R-
<br />185-86, amending the Council Meetings Manual of Procedure to conform to
<br />the new Brown Act requirements of AB 2674, effective January 1, 1987.
<br />Mrs. Ramos then outlined the amendments to the Council Meetings Manual
<br />of Procedure that will conform to the requirements of AB 2674, discuss-
<br />ing in detail those amendments that pertain to the preparation, con-
<br />tents and posting of agendas, rights of public to speak, etc.
<br />16 1986
<br />
|