For City Council Meeting April 9, 2024
TO: Honorable City Council
FROM: David N. Carmany, City Manager
Eric S. Vail, City Attorney
Title
Consideration of a letter in response to a Cease and Desist Letter received from the Channel Law Group. (ACTION)
RECOMMENDED ACTION:
It is recommended that the City Council:
Approve the letter in response to a Cease and Desist Letter from the Channel Law Group.
Body
BACKGROUND:
The Ralph M. Brown Act (Brown Act) is a California state law that governs the public's access to local government meetings and the decision-making process. Enacted in 1953, the act aims to ensure transparency and accountability in local government by requiring that meetings of local legislative bodies be open to the public. Under the Brown Act, agendas for meetings must be posted in advance, and members of the public have the right to attend meetings, participate in discussions, and address the governing body. The act also establishes rules regarding the conduct of meetings, including provisions for closed sessions under certain circumstances. Violations of the Brown Act can result in legal consequences, including invalidation of decisions made in violation of its provisions. Overall, the Brown Act promotes transparency, public participation, and accountability in local government processes in California.
At its January 9th Council meeting, acting upon the request of Councilmember Trujillo, the City Council voted 4 to 5 (Councilmember Baca voting no) to add consideration of a letter opposing proposed Assembly Bill 1000 to its agenda as new Tab 3. The City Council relied upon the exception in the Brown Act for items of subsequent need (Gov. Code ? 54954.2(b)(2)) because the City Council only became aware of the opportunity to submit comments by January 10, 2024 to the Local Government Committee of the California State Assembly ("LGC") regarding proposed Assembly Bill 1000. Councilmember Rafael Trujillo first learned of this opportunity on Janu...
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