Riverside City Council
April 22, 2025

4/10/2025
1 RiversideCA.gov1
RiversideCA.gov
SUNSHINE ORDINANCE REVIEWCity Council April 22, 2025City Attorney & City Clerk RiversideCA.gov2
•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 requirementsTHE BROWN ACT1 2 4/10/2025
2 RiversideCA.gov3
•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 commissionsSUNSHINE ORDINANCE RiversideCA.gov4
•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 dayDEFINITIONS3 4 4/10/2025
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–“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 businessDEFINITIONS RiversideCA.gov6
•12-day notice and agenda posting required for alllocal bodies•Agendas must be accessible 24 hours a day and available onlineNOTICE OF REGULAR MEETINGS5 6 4/10/2025
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•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.gov8
•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 meetingEXCUSING SUNSHINE ORDINANCE7 8 4/10/2025
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•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.gov10
Types of Meeting Bodies
Types of Meeting Bodies
Agenda publication
Agenda publication
Sunshine Excuses and Exceptions
Sunshine Excuses and ExceptionsPOLICY CONSIDERATION9
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Policy Bodyshall mean:1. The Riverside City Council;2. Board of Ethics, Board of Public Utilities, Charter Review Commission, 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 DEFINITIONLocal Bodyshall 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 LANGUAGEPROPOSED LANGUAGE RiversideCA.gov12
Proposed Notice RequirementsPolicy Bodies: 12-day notice requirement Advisory Bodies: Align with notice requirements of the Brown Act (72-Hours)AGENDA PUBLICATION 11 12
4/10/2025
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Proposed Notice RequirementsPolicy Bodies: 12-day notice requirement Advisory Bodies: Align with notice requirements of the Brown Act (72-Hours)AGENDA PUBLICATION RiversideCA.gov14
REVISE LANGUAGE to:1. Clearly define and differentiate between:Excusals: Status QuoExceptions: Changes required2. Amend Section 4.05.050(D)(1)(c)toexcept ceremonial Itemsfrom 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 exceptionswith a 72-hour notice requirement.4. Expand Section 4.05.050(D)(3)to include all closed session itemsauthorized by the Brown Act.PROPOSED AMENDMENT TO SECTION 4.05.050(D)SECTION 4.05.050(D):1. Treats Excusalsand Exceptionsas interchangeable concepts.2. Creates ambiguityin the application of the Ordinance.CURRENT ISSUERECOMMENDATION13 14 4/10/2025
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AGENCY COMPARISONOTHER PROVISIONSAGENDA NOTICE REQUIREMENTSDEFINITIONSCITYNone specifiedDraft Agenda to City Council: 5 days priorPublish: 72 Hours Meeting: Same as Brown ActLegislative Body:Same as Brown ActAnaheimItems can be added 72 hours before: - If they would benefit from prompt action - Requested by Mayor or City Council - For continuing/removing itemsPublish:7 Days for all local bodiesMeeting:Incorporates Brown Act definitionLocal Body: City Council, Commissions, CommitteesIrvineNone specifiedPublish: 12 days for City Council7 days for all other policy bodiesMeeting:Prohibit meals with a majority prior to meetingsPolicy Body:City Council, charter or ordinance created Boards and Commissions, and CommitteesPassive Body:Groups meeting with a single member of a Policy Body, the Mayor, or Department HeadAlamedaNone specifiedPublish: 72 Hours Meeting: Prohibit meals with a majority prior to meetings Policy Body:Board of Supervisors, Charter Commissions, Standing CommitteesPassive Body:Groups that meet or discuss with Mayor or Department HeadSan FranciscoNone specifiedPublish: 10 days for City Council, Redevelopment Agency, Board of Port Commissioners, and Standing CommitteesMeeting: Same as RiversideLocal Body:Same as RiversideOakland RiversideCA.gov16

CROSS-CUTTING THREADS
ENVISION 2025 STRATEGIC PLAN
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4/10/2025
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That the City Council:1. Review Title 4, (Sunshine Ordinance), and consider the Governmental Processes Committee recommendation on the proposed amendments; and2. Introduce and Subsequently Adopt the Ordinance amending Chapter 4.05 of the Riverside Municipal Code. RECOMMENDATIONS17