HomeMy WebLinkAboutAGENDA REPORT 1992 0506 CC REG ITEM 08MireM ER- NY.
MOORPARK
799 Moorpark Avenue Moorpark, California 93021
M E M O R A N D U M
(805) 529 -6864
MOOR ?ARK, CALIF017MA
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ACTION I:
By %!f
TO: Honorable City Council
FROM: Mary K. Lindley, Assistant to the City Manager' `
DATE: April 21, 1992 (May 6 City Council Meeting)
SUBJECT: Consider State Legislative Bills Concerning the
Brown Act
Summary
There are currently two bills before the State Legislature that
present concerns for cities, SB 1538 (Kopp) and AB 3476 (Burton).
Both of these bills would amend the Brown Act and, if adopted, will
impact City Council meetings and the meetings of other public
agencies and committees. Staff is requesting that the City Council
consider opposing both SB 1538 and AB 3476, in their current forms.
Background
The Brown Act generally requires that the meetings of the
legislative bodies of local agencies be conducted openly, with
specified exceptions. Among other things, the Act makes certain
notice requirements concerning public meetings and makes it a
misdemeanor for a member of a legislative body to attend a meeting
where a violation occurs with knowledge of the fact that the
meeting violates the Act.
In their current form, SB 1538 and AB 3476 would impact City
meetings in the following ways:
SB 1538
- requires that attorney- client advice be given in open
sessions.
applies all of the Brown Act provisions to civic
PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR.
Mayor Mayor Pro Tern Councilmember Councilmember Councilmember
Brown Act Legislation
April 21, 1992
Page 2
committees which make recommendations to the legislative
body but which are not created by the legislative body.
AB 3476
requires immediate reporting of actions taken in closed
session, including notice of issues that will
disadvantage citizens in ongoing negotiations.
requires that copies of all agenda packet material be
distributed prior to meetings.
requires a court to award attorney fees where a
legislative body has violated the Act.
SB 1538 and AB 3476
requires taping all closed sessions.
The League of California Cities is working with Assembly Member
Burton (AB 3476) who has expressed a willingness to make changes to
his bill that would address the concerns and needs of the agencies
subject to the Brown Act. The bill is scheduled to be heard by the
Assembly Ways and Means Committee. Cities are asked to urge
Assembly Member Burton and the members of the Ways and Means
Committee to continue to work with the League to amend AB 3476 to
remove the offending provisions.
Senate Bill 1535 was approved by the Senate Local Government
Committee on March 27. It is scheduled to be heard by the Senate
Rules Committee next. Cities are asked to contact the Senate Rules
Committee members and urge them to vote "no" on this bill.
Staff Recommendation
Staff recommends that the Council direct the Mayor to send letters
to the appropriate State legislators:
1) Urging continued work on AB 3476 by the Assembly Ways and
Means Committee to remove offending provisions, and
2) Expressing the City's opposition to AB 1538 and urge the
Senate Rules Committee to vote "no" on the bill.