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1 RiversideCA.gov
1 RiversideCA.gov
SUNSHINE ORDINANCE REVIEW
Governmental Processes Committee
February 5, 2025
City Clerk’s Office & City Attorney’s Office
RiversideCA.gov
2 • The Brown Act governs open meeting laws for most local governmental bodies in California (Government Code section 54950 et seq.)
• Key concepts: open and public meetings of legislative bodies; and the public’s right to attend and participate
• Discussion and action by a legislative body is limited to items listed on an agenda published at least 72 hours in advance of the meeting • The Brown Act is a set of minimum requirements
THE BROWN ACT
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3 • Adopted in 2015, added Title 4 to the Riverside Municipal Code • Sunshine Ordinance expanded the provisions of the Brown Act • Originally applied to:
– City Council and Council Committees
– Planning Commission
– Board of Public Utilities
– Community Police Review Commission
• Amended in 2017 to apply to all boards and commissions
SUNSHINE ORDINANCE
RiversideCA.gov
4 • Incorporates all definitions from the Brown Act
– “Local Body” includes
• City Council;
• Any board, commission, task force or committee established by City Charter, ordinance or by motion or resolution of the City Council;
• Any advisory board, commission or task force created and appointed by the Mayor which exists for longer than 12 months; and
• Any standing committee of any body specified above
– “Notice” refers to posting an agenda in a location accessible for 24 hours a day
DEFINITIONS
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5 – “Meeting” is any congregation of a majority of local body members to discuss items within local body subject matter • Includes series of communication among members
• Includes a meal or social gathering before, during, or after a meeting
– Meeting is NOT
• Separate communications with City staff
• Conferences, community meetings, another local body’s meeting, ceremonial events
– So long as members do not discuss local body business
DEFINITIONS
RiversideCA.gov
6 • 12-day notice and agenda posting required for all
local bodies
• Agendas must be accessible 24 hours a day and
available online
NOTICE OF REGULAR MEETINGS
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7 • Enables local body to take action on items without 12 days notice
– 72 hour minimum notice required
• Two thirds vote of members present:
– Immediate action need to avoid substantial impact;
– Immediate action relates to federal, state, county or other legislation or the local body’s eligibility for grant funds; or – Item is purely ceremonial or commendatory.
EXCUSING SUNSHINE ORDINANCE
RiversideCA.gov
8 • Mayor or a Councilmember, with concurrence of two
other Councilmembers believes the item to be urgent
– Urgency must be confirmed by four votes of Council prior to item’s consideration
– 12 days notice was not possible because:
• Need to take immediate action came to attention of the local body after the agenda was posted; or
• A software or hardware impairment occurred and notice still provided 72 hours in advance of meeting
EXCUSING SUNSHINE ORDINANCE
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9 • Closed session items relating to ongoing, proposed, or threatened litigation
• Items continued from a previous meeting
• Emergency items
– Determined by vote of the local body
– Work stoppage, crippling disaster or other severe
impairment of public health and/or safety.
EXCUSING SUNSHINE ORDINANCE
RiversideCA.gov
10 City Clerk is responsible for timely posting the agenda City Manager is tasked with administration and implementation for all local bodies
POLICY IMPLEMENTATION
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11 Types of
Meeting
Bodies
Types of
Meeting
Bodies
Agenda
publication
Agenda
publication
Sunshine
Excuses and
Exceptions
Sunshine
Excuses and
Exceptions
POLICY CONSIDERATION
RiversideCA.gov
12 Policy Body shall mean:
1. The Riverside City Council;
2. Board of Ethics, Board of Public Utilities, Citizens Police Review Commission and Planning Commission;
3. Any standing committee of any Policy Body.
Advisory Body shall mean:
1. Any advisory board, commission or task force established by City Charter, ordinance, or by motion or resolution of the City Council;
2. Any advisory board, commission or task force created and appointed by the Mayor, and which exists for longer than a 12-month period;
3. Any standing committee of any Advisory Body.
LOCAL BODY DEFINITION
Local Body shall mean:
1. The Riverside City Council;
2. Any board, commission, task force or committee which is established by City Charter, ordinance, or by motion or resolution of the City Council;
3. Any advisory board, commission or task force created and appointed by the Mayor, and which exists for longer than a 12-month period; and,
4. Any standing committee of any body specified in D.1.,2., or 3
*Local body" shall not mean any congregation or gathering which consists solely of employees of the City of Riverside.
CURRENT LANGUAGE PROPOSED LANGUAGE
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13 Proposed Notice Requirements
Policy Bodies: 12‐day notice requirement
Advisory Bodies: Align with notice requirements of the Brown Act (72‐Hours)
AGENDA PUBLICATION
RiversideCA.gov
14 REVISE LANGUAGE to:
1. Clearly define and differentiate between:
Excusals: Status Quo
Exceptions: Changes required
2. Amend Section 4.05.050(D)(1)(c) to except ceremonial Items from requiring two-thirds votes to be added after the 12-day notice period.
3. Amend Section 4.05.050(D)(2)(b) to include
software/hardware impairments as exceptions with a 72-
hour notice requirement.
4. Expand Section 4.05.050(D)(3) to include all closed session items authorized by the Brown Act.
PROPOSED AMENDMENT TO SECTION 4.05.050(D)
SECTION 4.05.050(D):
1. Treats Excusals and Exceptions as
interchangeable concepts.
2. Creates ambiguity in the application of the
Ordinance.
CURRENT ISSUE
RECOMMENDATION
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15 AGENCY COMPARISON
OTHER PROVISIONSAGENDA NOTICE REQUIREMENTSDEFINITIONSCITY None specifiedDraft Agenda to City Council: 5 days prior Publish: 72 Hours
Meeting: Same as Brown Act
Legislative Body: Same as Brown Act
Anaheim
Items can be added 72 hours before: - If they
would benefit from prompt action - Requested by
Mayor or City Council - For continuing/removing
items
Publish: 7 Days for all local bodiesMeeting: Incorporates Brown Act definition Local Body: City Council, Commissions, Committees
Irvine
None specifiedPublish: 12 days for City Council
7 days for all other policy bodies
Meeting: Prohibit meals with a majority prior to meetings Policy Body: City Council, charter or ordinance created Boards and Commissions, and Committees
Passive Body: Groups meeting with a single member of a Policy Body, the Mayor, or Department Head
Alameda
None specifiedPublish: 72 Hours Meeting: Prohibit meals with a majority prior to meetings Policy Body: Board of Supervisors, Charter Commissions, Standing Committees
Passive Body: Groups that meet or discuss with Mayor or Department Head
San Francisco
None specifiedPublish: 10 days for City Council,
Redevelopment Agency, Board of Port
Commissioners, and Standing Committees
Meeting: Same as Riverside
Local Body: Same as Riverside
Oakland
RiversideCA.gov
16 CROSS-CUTTING THREADS
ENVISION 2025 STRATEGIC PLAN
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17 That the GPC:
1. Review Title 4 of the Riversid e Municipal Code, known as the the Sunshine Ordinance, and provide direction on
potential amendments to update and streamline the
Ordinance; and
2. Request staff bring forth spec ific language recommendations along with a corresponding ordinance to the City Council for approval.
RECOMMENDATIONS
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