REPORT TO THE CITY COUNCIL
June 11, 2015
FROM: OLIVER BAINES, III, Council President
City Council Offices
SUBJECT
Title
***BILL NO. B-21 - (Intro 6/4/2015) (For adoption) - Adding Sections 2-803 and 2-603 to the Fresno Municipal Code (FMC), relating to boards and commissions and posting legal notices
Body
RECOMMENDATION
It is recommended that the Fresno City Council adopt adding Sections 2-803 and 2-603 to the Fresno Municipal Code relating to boards and commission and the posting of legal notices on the City Clerk’s website to ensure the public has an opportunity to be informed of agenda items, minutes, and matters scheduled before “Brown Act” boards and commissions. In addition the posting of legal notices will ensure there is a centralized place that the public may review such postings.
EXECUTIVE SUMMARY
The City of Fresno has numerous boards and commissions that allow for our residents to participate in the governance of our community. A few of the boards and commissions are subject to the Ralph M. Brown Act, which is also known as the California Open Meeting Law that grants the right of the public to attend and observe the inner workings on government as either an appointed member of the board or commission or a citizen.
The addition of these two sections to the Fresno Municipal Code, 2-803 and 2-603 would help to enhance that openness by ensuring that citizens have all the needed materials in advance of a board or commission meeting, so that they can help inform the process or better understand the process and its desired outcomes.
In addition a number of legal postings are required by local, state or federal regulations to ensure early notification of a pending legislative action, availability of funds, or review of certain policy documents. Those legal postings are traditionally done in the Fresno Bee and if a second publication is required by law in The Business Journal, however not everyone subscribes to these publications. These legal notices are typically found in the classified sections are in smaller font than normal news print. While traditional home newspaper delivery may be declining as more readers opt to read there news on a computer or tablet, we as a City have not evolved to offer a central location to find all legal notices such as our website and this measure would establish using the City Clerk’s page as the one place residents could review all legal postings.
BACKGROUND
With the City of Fresno having numerous boards and commissions that allow for our residents to participate in the governance of our community and a few of the boards and commissions are subject to the Ralph M. Brown Act, which is also known as the California Open Meeting Law it is important that the public have access to materials that provide the background of the inner workings on government at all times. Having the materials posted on the City Clerk’s page as the central hub would be best and provide the community one location to find all boards and commissions agenda and related materials.
In addition the City Clerk will and should be responsible for ensuring that the all “Brown Act” Boards and Commissions agendas are posted and available 24 hours a day 7 days a week. Currently the City Clerk posted agendas in two glass cases located on the second floor just outside the clerk’s office which only provides public access on during the hours City Hall is open, and a small glass case located outside the first floor. In addition some meetings agendas are posted on large unsecured board and may or may not comply with the Ralph M. Brown Act on postings of agendas which are the boards that provide the public 24 hour access 7 days a week. As a result working with the City Clerk and the City Attorney as well as the administration, a new secured glass kiosk has been ordered and will be installed to ensure compliance.
ENVIRONMENTAL FINDINGS
This is not a project for CEQA purposes.
LOCAL PREFERENCE
Not applicable because this is not a contract for goods or services.
FISCAL IMPACT
There will be no direct fiscal impact as the City Clerk’s office already performs the function of providing oversight of city records and agenda management.
Attachment: Ordinance