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CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
ORDINANCE NO. AN ORDINANCE OF THE CITY OF RIVERSIDE, CALIFORNIA, AMENDING CHAPTER 4.05 OF THE RIVERSIDE MUNICIPAL CODE, THE SUNSHINE ORDINANCE. The City Council of the City of Riverside, California, does ordain as follows:
Section 1: Section 4.05.010 of the Riverside Municipal Code is amended as follows:
Words or phrases in this ordinance shall be defined pursuant to the Ralph M. Brown Act, Government Code § 54950 et. seq. and the Public Records Act, Government Code § 6250 et. seq., unless otherwise specified as follows:
(A) 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, except for a Policy Body; (2) Any advisory board, commission, or task force created an appointed by the Mayor, which exists for longer than a 12-month period; and (3) Any standing committee of any Advisory Body.
(BA) Agenda shall mean the agenda of a local body which has scheduled the meeting. The agenda shall meet the requirements of Government Code § 54954.2, except that the timing requirements of this ordinance shall control. For closed sessions, the agenda shall meet the requirements set forth in Government Code § 54954.5. The agenda shall contain a brief, general description of each item of business to be transacted or discussed during the meeting and shall avoid the use of abbreviations or acronyms not in common usage and terms whose meaning is not known to the general public. The agenda may refer to explanatory documents, including but not limited to, correspondence or reports, in the agenda related material. A description of an item on the agenda is adequate if it is sufficiently clear and specific to alert a person of average intelligence and education whose interests are affected by the item that he or she may have reason to attend the meeting or seek more information on the item.
(CB) Agenda related materials shall mean the agenda, all reports, correspondence and any other document prepared and forwarded by staff to any local body, and other documents forwarded
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3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
to the local body, which provide background information or recommendations concerning the subject matter of any agenda item. Notwithstanding the foregoing, agenda related materials shall not include: 1) the written text or visual aids for any oral presentation so long as such text or aids are not substituted for, or submitted in lieu of, a written report that would otherwise be required to meet the filing deadlines of this ordinance, and 2) written amendments or recommendations from the Mayor or a member of a local body pertaining to an item contained in agenda related materials previously filed pursuant to Section 4.05.050 or Section 4.05.060. (D) Business Day shall mean any weekday, except for Saturdays, Sundays, or City- observed holidays
(EC) City shall mean the City of Riverside.
(FD) Local Body shall mean any Policy Body or Advisory Body, unless the context in which it is used clearly indicates otherwise.:
(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 subsections D.1., 2., or 3. "Local body" shall not mean any congregation or gathering which consists solely of employees of the City of Riverside.
(GE) Meeting shall mean any congregation of a majority of the members of a local body at the same time and location, including teleconference location as permitted by Government Code § 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the local body and shall also mean a meal or social gathering of a majority of the members of a local body immediately before, during or after a meeting of a local body; (1) A majority of the members of a local body shall not, outside a meeting defined in this subsection GE., use a series of communications of any kind, directly or through
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the local body.
(2) Subparagraph GE.1. shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting defined in this subsection GE. with members of a local body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the local body the comments or position of any other member or members of the local body.
(3) Nothing in this subsection GE. shall impose the requirements of this chapter upon any of the following:
(a) Individual contacts or conversations between a member of a local body and any other person that do not violate subparagraphs GE.1. and 2.; (b) The attendance of a majority of the members of a local body at a conference or similar gathering open to the public that involves a discussion of issues of general interest of the public or to public agencies of the type represented by the local body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance; (c) The attendance of a majority of the members of a local body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the local body of the local agency;
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
(d) The attendance of a majority of the members of a local body at an open and noticed meeting of another local body of the local agency, or at an open and noticed meeting of a local body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the local body of the local agency; or
(e) The attendance of a majority of the members of a local body at a purely social and ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the local body of the local agency. (HF) Notice shall mean the posting of an agenda in a location that is freely accessible to the public 24 hours a day and as additionally specified in Section 4.05.050 and Section 4.05.060. (IG) On-Line shall mean accessible by computer without charge to the user. (J) Policy Body shall mean:
(1) The Riverside City Council;
(2) Board of Ethics, Board of Public Utilities; Charter Review Committee, Community Police Review Commission, and Planning Commission; (3) Any standing committee of any Policy Body.
(KH) Software or hardware impairment means the City is unable to utilize computer software, hardware and/or network services to produce agendas, agenda related material or to post agendas on-line due to inoperability of software or hardware caused by the introduction of a malicious program (including but not limited to a computer virus), electrical outage affecting the City's computer network, or unanticipated system or equipment failure. "Software or Hardware Impairment" may also include situations when the City is unable to access the internet due to required or necessary maintenance or the installation of system upgrades that necessitates de- activating the system network; however, the City shall make reasonable efforts to avoid a delay in the preparation, distribution, or posting of agendas and agenda related material as a result of required or necessary maintenance or installation of system upgrades.
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
(LI) Standing Committee shall mean any number of members of a local body which totals less than a quorum and which has a continuing subject matter jurisdiction or a meeting schedule fixed by charter, ordinance, resolution or formal action of the local body.
Section 2: Section 4.05.030 of the Riverside Municipal Code is amended as follows:
4.05.030 Meetings to be open and public: Application of Brown Act.
All meetings of local bodies specified in Section 4.05.010(D) and Section 4.05.020 shall be open and public, to the same extent as if that body were governed by the provisions of the Ralph M.
Brown Act (Government Code § 54950) unless greater public access is required by this ordinance, in which case this ordinance shall be applicable.
Section 3: Section 4.05.040 of the Riverside Municipal Code is amended as follows:
4.05.040 Conduct of business: Time and place for meetings. (A) Every local body specified in Section 4.05.010.FD shall establish by formal action the time and place for holding regular meetings and shall conduct such regular meetings in accordance with such resolution or formal action.
(B) Regular and special meetings of local bodies specified in Section 4.05.010.FD. shall be held within the City of Riverside except to do any of the following:
. . .
(C) If a regular meeting for any local body falls on a holiday, the meeting shall be held on the next scheduled regular meeting day unless otherwise noticed as a special meeting for which notice is given at least five calendar days in advanceas required by this Chapter. . . .
Section 3: Section 4.05.050 of the Riverside Municipal Code is amended as follows:
4.05.050 - Notice and agenda requirements: Regular meetings. (A) Twelve day advance notice requirement for regular meetings of the City Council, City Council Standing Committees, and all City Boards and CommissionsPolicy Bodies. The City Council, City Council Standing Committees, and all City Boards and CommissionsAll Policy Bodies shall provide notice before any regular meeting by:
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
(1) Posting a copy or image of the agenda in a location freely accessible to the public 24 hours a day no later than 12 days before the date of the meeting; and (2) Posting a copy or image of the agenda on-line at the local body's website no later than 12 days before the date of the meeting. Notwithstanding Section 4.05.050.ED, the failure to timely post a copy or image of the agenda online because of software or hardware failure, as defined in Section 4.05.010.KH, shall not constitute a defect in the notice for a regular meeting, if the local bodyPolicy Body complies with all other posting and noticing requirements. (B) Supplemental agenda and related materials requirements for regular meetings of the Policy Bodies and Advisory Bodies City Council, City Council Standing Committees, and all City Boards and Commissions. Notwithstanding the notice provisions of Section 4.05.050.A and
4.05.050(I), the City Council, City Council Standing Committees, and all City Boards and CommissionsPolicy Bodies and Advisory Bodies may amend or supplement a posted agenda or agenda-related materials no later than 72 hours before a regular meeting and only for the following reasons or under the following conditions:
(1) To add an item due to an emergency or urgency, provided the local body makes the same findings as required by Section 4.05.050.D before taking action; (2) To delete or withdraw any item from a posted agenda however, nothing herein shall limit the ability of a local body to delete or withdraw an item during the meeting; (3) To provide additional information to supplement the agenda-related material previously published with the agenda provided that the additional information was not known to staff or considered to be relevant at the time the agenda-related materials were filed. Examples of supplemental material permitted by this section are reports responding to questions or requests raised by members of a local body after posting and filing of the 12-day agenda and materials, and analyses or opinions of the item by the Office of the City Attorney, any member of the City Council, or the Mayor;
(4) To correct errors or omissions, or to change a stated financial amount, or to clarify or conform the agenda title to accurately reflect the nature of the action to be taken on the agenda;
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
(5) To continue an agendized item to a future regular meeting of the local body provided that members of the public are given an opportunity to address the local body on the limited question whether to continue the item to a future meeting. (C) Submittal of additional documents. The Mayor, Council Members, City Manager, City Attorney, and/or City Clerk, may submit materials that are necessary to the deliberation of an agendized matter that were not available prior to the publishing of the agenda material, to the City Clerk at any time prior to an agendized matter being heard. Copies of such documents shall be made available to the public at the related meeting. Documents submitted by outside parties may be distributed to and accepted by the local body at any time prior to or during the related meeting.
Documents submitted by outside parties prior to the meeting shall be made available to the public at the related meeting. Documents submitted by outside parties at the meeting shall be made available to the public the following business day.
(D) Excuse of Sunshine Notice Requirements. If an item appears on an agenda but the local body fails to meet any of the additional notice requirements under this section, the local body may take action only if the minimum notice requirements of the Riverside City Charter and the Brown Act have been met and one of the following applies:
(1) The local body, by a two-thirds vote of those members present, adopts a motion determining that, upon consideration of the facts and circumstances, it was not reasonably possible to meet the additional notice requirements under this section and any one of the following exists:
(a) The need to take immediate action on the item is required to avoid a substantial impact that would occur if the action were deferred to a subsequent special or regular meeting; or,
(b) There is a need to take immediate action which relates to federal, state, county or other governmental agency legislation or action or the local body's eligibility for any grant or gift; or,
(c) The item relates to a purely ceremonial or commendatory action.
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
(2) If the Mayor or a Council Member, with the concurrence of two other Council Members, believes an item is urgent, which urgency is detailed, in writing, in the Council Report, and affirmed prior to its consideration by four affirmative votes of the City Council, and the failure to meet any additional notice requirements was due to: (a) Tthe need to take immediate action, which came to the attention of the local body after the agenda was posted., or; (b) A software or hardware impairment as defined by Section 4.05.010 H and such additional notice requirements are satisfied no later than 72 hours before the date of the meeting.
(E) Exceptions to the Sunshine Notice Requirements. The additional notice requirements under this section shall not apply to the following types of items, so long as the minimum notice requirements of the Riverside City Charter and the Brown Act have been met:
(1) The item relates to a purely ceremonial or commendatory action. (2) A software or hardware impairment as defined by Section 4.05.010.K occurred which prevented compliance with the additional notice requirements and the additional notice requirements were satisfied no later than 72 hours before the date of the meeting. (3) The item is a closed session item authorized by the Brown Act and all necessary agenda disclosure requirements of the Brown Act have been metrelating to ongoing, proposed or threatened litigation.
(4) The item was continued by the local body at a regularly noticed meeting to a subsequent meeting.
(FE) Action on items not appearing on the agenda. Notwithstanding subsection (D) of this section, a local body may take action on items not appearing on a posted agenda only if the matter is determined to be an emergency by a majority vote of the local body. An emergency shall be defined as a work stoppage, crippling disaster or other activity exists which severely impairs public health, safety or both.
(GF) Future meeting. Nothing in this section shall prohibit a local body from taking action to schedule items for a future meeting to which regular or special meeting notice requirements will
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3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
apply, or to distribute agenda-related materials relating to items added pursuant to Section
4.05.050.D or 4.05.050.E before or during a meeting.
(HG) Conforming a document. Nothing in this section shall prohibit the office of the City Attorney from conforming a document to comply with technical requirements as to form and legality.
(I) Three Business Day Notice and Agenda requirements for Advisory Bodies. All Advisory Bodies shall provide notice before any regular meeting by:
(1) Posting a copy or image of the agenda in a location freely accessible to the public 24 hours a day no later than 3 business days before the date of the meeting; and (2) Posting a copy or image of the agenda on-line at the local body's website no later than 3 business days before the date of the meeting. Notwithstanding Section 4.05.050.E, the failure to timely post a copy or image of the agenda online because of software or hardware failure, as defined in Section 4.05.010.K, shall not constitute a defect in the notice for a regular meeting, if the local body complies with all other posting and noticing requirements.
Section 4: Section 4.05.060 of the Riverside Municipal Code is amended as follows:
4.05.060 - Notice and agenda requirements: Special meetings. (A) Special meetings of any local bodyPolicy Body may be called at any time by the presiding officer thereof or by a majority of the members thereof. All local bodies Policy Bodies calling a special meeting shall provide notice by:
(1) Posting a copy or image of the agenda in a location freely accessible to the public at least five calendar days before the time of the meeting set forth in the agenda; and, (2) Delivering a copy or image of the agenda to each member of the local body, to each local newspaper of general circulation, and to each media organization which has previously requested notice in writing, so that a copy or image of the agenda is received at least 48 hours (excluding Saturdays, Sundays and holidays) before the time of the meeting set forth in the agenda.
Receipt of the agenda shall be presumed upon reasonable proof that delivery was made. (B) Local bodies specified in Section 4.05.010.DPolicy Bodies shall, in addition to the noticing requirements of this section, post a copy or image of the agenda for any special meeting on-
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
line at the local body'sPolicy Body’s website at least five calendar days before the time of the meeting set forth in the agenda. Failure to timely post a copy or image of the agenda online because of software or hardware impairment, as defined in Section 4.05.010.KH, shall not constitute a defect in the notice for a special meeting if the local bodyPolicy Body complies with all other posting and noticing requirements.
(C) No business other than that set forth in the agenda shall be considered at a special meeting. Each special meeting shall be held at the regular meeting place of the local body except that the City Manager may designate an alternative meeting location provided that such alternative location is specified in the agenda and that notice pursuant to this section is given at least 12 days prior to the special meeting. This 12-day notice requirement shall not apply if the alternative location is at the same address at which regular meetings of the local body Policy Body occur. (D) To the extent practicable, the presiding officer or the majority of members of any local bodyPolicy Body may cancel a special meeting by delivering notice of cancellation in the same manner and to the same persons as required for the notice of such meeting. (E) Special meetings may not be noticed on the same day as a previously scheduled regular meeting that was not noticed in compliance with this ordinance if the special meeting is called to consider any of the items that were included in the notice for such regular meeting. (F) Notwithstanding the provisions of subsection (A) through (C) above, a Special Meeting of a Policy Body may occur on less than five days' notice if the Mayor or a majority of the Council, believe an item is urgent and there is a need to take immediate action. Any such Special Meeting must comply with the Special Meeting notice requirements of the Brown Act. (G) To add additional materials or an item to a special meeting agenda after publication, subsections (C) and (D), respectively, of 4.05.050 above are to be followed and must comply with the requirements of the Brown Act.
(H) Advisory Bodies shall follow the requirements of the Brown Act for special meetings.
Section 5: Section 4.05.080 of the Riverside Municipal Code is amended as follows:
4.05.080 - Minutes and recordings.
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3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
(A) The City Council, City Council Standing Committees, Planning Commission, Board of Public Utilities (not their committees), Budget Engagement Commission (not their committees) and Community Police Review Commission (not their committees) All Policy Bodies, except for the standing committees of the Board of Ethics, Board of Public Utilities, Charter Review Committee, Community Police Review Commission, and Planning Commission, shall make a visual and audio recording of every open meeting. Any recording of any open meeting shall be a public record subject to inspection and copying and shall not be erased, deleted or destroyed for at least five years, provided that if during that five-year period a written request for inspection or copying of any recording is made, the recording shall not be erased, deleted or destroyed until the requested inspection or copying has been accomplished. Inspection of any such recording shall be provided without charge on a player or computer made available by the local body. . . .
Section 6: The City Council has reviewed the matter and, based upon the facts and information contained in the staff reports, administrative record, and written and oral testimony, hereby finds that this ordinance is not subject to CEQA pursuant to Section 15061(b)(3) (General Rule), as it can be seen with certainty that approval of the project will not have an effect on the environment.
Section 7: The City Clerk shall certify to the adoption of this Ordinance and cause publication once in a newspaper of general circulation in accordance with Section 414 of the Charter of the City of Riverside. This Ordinance shall become effective on the 30th day after the date of its adoption.
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
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ADOPTED by the City Council this _____ day of _______________, 2025.
______________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
Attest:
______________________________
DONESIA GAUSE
City Clerk of the City of Riverside
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the _____ day of _______________, 2025, and that thereafter the said ordinance was duly and regularly adopted at a meeting of the City Council on the _____ day of _______________, 2025, by the following vote, to wit:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this _____ day of _______________, 2025.
______________________________
DONESIA GAUSE
City Clerk of the City of Riverside
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