Administrative
Report
N.1., File # 22-4801 Meeting Date: 10/11/2022
To: MAYOR AND CITY COUNCIL
From: LUKE SMUDE, ASSISTANT TO THE CITY MANAGER
TITLE
DISCUSSION AND POSSIBLE ACTION REGARDING CITY SUNSHINE POLICIES
EXECUTIVE SUMMARY
All City business is subject to state sunshine laws codified in the California Public Records Act as well as the Ralph M. Brown Act (Brown Act). In 2001, the Redondo Beach City Council approved a resolution to go above and beyond the time threshold included in the California Public Records Act, and established a two-day window for the production of public records that are simple, routine, or otherwise readily answerable by the City Clerk’s Office.
In addition, other jurisdictions in California have established stand-alone policies (see attached) that exceed the guidelines of the Brown Act. A description of those policies will be presented at the City Council meeting. Should the Council decide to expand the City’s existing policy, staff will work to prepare the appropriate documentation and/or process improvements and return with a follow up item that will allow for consideration of approval.
BACKGROUND
As part of the strategic planning process, Council requested that staff return with a review of Sunshine Policies adopted by other jurisdictions and summarize the options for updating the Sunshine Policy for the City of Redondo Beach. At the baseline level, the City is governed by the California Public Records Act as well as the Brown Act, which both serve to promote transparency in government and provide public access to information related to the execution of City business.
On March 20, 2001, the Redondo Beach City Council adopted Resolution No. CC-0101-013, which set a two-day window for the fulfillment of simple public records requests for records already in the possession of the City Clerk’s Office. The Resolution was designed to exceed the ten-day requirement set by the California Public Records Act, but only for a narrow band of the public records requests that are received.
The Policy contains exceptions to the two-day window and describes acceptable reasons for delay including: records being housed within another department, required review by the City Attorney’s Office, a high volume of documents requested, or that the requested records are overseen by a public safety department. In each of these cases, the City seeks to comply with the ten-day policy mandated by the California Public Records Act. It should be noted that the number of public records requests received by the City each year has grown dramatically since the adoption of the policy and
N.1., File # 22-4801 Meeting Date: 10/11/2022
that volume of requests significantly impacts staff resources.
A number of California cities have elected to pursue independent Sunshine Policies that exceed the thresholds established by the Brown Act, which guarantees the public's right to attend and participate in meetings of local legislative bodies. Jurisdictions focus on a number of different business areas with their sunshine policies. Timelines for agenda publishing, access to budget information, use of electronic devices during public meetings, and information dissemination policies are the most common items addressed in these policies.
Policies have been instituted in a number of ways, including codified sunshine ordinances, less formal resolutions, or specific updates to internal policy documentation. Notable Southern California cities that have passed local sunshine provisions aimed at enhancing the Brown Act are Riverside, Manhattan Beach, and Anaheim. Riverside added a new section to their Municipal Code, Manhattan Beach created a stand-alone sunshine policy, and Anaheim passed a resolution updating their internal Council Policies.
Depending on the Council’s discussion and direction, staff will work to create the appropriate follow up policy documentation for consideration at a future Council meeting, or work to address the area of concern through improved internal processes.
COORDINATION
This report was created in coordination with the City Clerk’s Office and the City Attorney’s Office.
FISCAL IMPACT
There is no financial impact associated with the creation of this report.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
Reso - City of Redondo Beach #CC-0102-013, March 20, 2001 City of Riverside Municipal Code Section 4.01.010, 07/20/2022 City of Manhattan Beach Sunshine Policy, 11/17/2015, and Resolution 18-0028 Amending and Restating the Rules of order of the Conduct of City Council Meetings, 03/06/2018 Reso -City of Anaheim #2015-263, 10/06/2015