"We Care for Our Residents by Working Together to
Build a Better Community for Today and Tomorrow."
ROHNERT PARK CITY COUNCIL, ROHNERT PARK FINANCING AUTHORITY (RPFA),
SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION
SPECIAL MEETING NOTICE AND AGENDA
NOTICE IS HEREBY GIVEN THAT A SPECIAL MEETING
will be held on Tuesday, February 28, 2023, at 3:00 p.m.
MEETING LOCATION:
MEETING LOCATION: CITY HALL - COUNCIL CHAMBER
130 Avram Avenue, Rohnert Park, California
PUBLIC PARTICIPATION: The Rohnert Park City Council welcomes your attendance, interest and participation at its regular meetings scheduled on the second and fourth Tuesdays of each month at 5:00 p.m. in the Council Chambers. The use of a mask or facial covering when attending the council meeting is strongly recommended, regardless of vaccination status.
Members of the public are encouraged to observe the meeting on Cable Channel 26, by visiting meeting central on our website https://www.rpcity.org/city_hall/city_council/meeting_central or on our YouTube channel at https://www.youtube.com/CityofRohnertPark PUBLIC COMMENTS: Provides an opportunity for public comment on items related to this agenda only (limited to three minutes per appearance with a maximum allowance of 30 minutes allotted per comment period, with time limits subject to modification by the City Council in accordance with the adopted City Council Protocols). Please fill out a speaker card prior to speaking.
Members of the public may also provide advanced comments by email at [email protected] Comments are requested by 11:00 a.m. on the day of the meeting, but can be emailed until the close of the Agenda Item for which the comment is submitted. The emails will not be read for the record but will be provided to Council. Please note that all e-mails sent to the City Council are considered to be public records and subject to disclosure under the California Public Records Act.
City Council/RPFA agendas and minutes may be viewed at the City’s website: www.rpcity.org.
PUBLIC HEARINGS: Council/RPFA may discuss and/or take action on any or all of the items listed on this agenda. If you challenge decisions of the City Council or the Rohnert Park Financing Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s).
RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines
specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time within which the decision may be challenged to the 90th day following the date that the decision becomes final.
SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code § 54952.3):
Members of the City Council receive no additional compensation as a result of convening this joint meeting of the City Council and the Rohnert Park Financing Authority.
CITY COUNCIL STRATEGIC PRIORITIES: The Rohnert Park City Council adopted ten strategic priorities for 2022 (listed below in no particular order):
a. Navigating through COVID-19 f. General Plan update
b. Climate change g. Infrastructure, maintenance and beautification c. Police/community relations and accountability h. Make progress on the downtown d. Services for unhoused people i. Attract housing at all levels e. Financial health j. Memorable community experiences for all
1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT SPECIAL MEETING - CALL
TO ORDER/ROLL CALL
(Elward_____ Giudice _____ Sanborn_____ Hollingsworth-Adams_____ Rodriguez_____)
2. BROWN ACT TRAINING BY CITY ATTORNEY
A. Public Comments
B. City Attorney Presentation
3. ADJOURNMENT
NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, please refer to page 1 for more details on submitting a public comment. Any item raised by a member of the public which is not on the agenda and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon.
AGENDA REPORTS & DOCUMENTS: A paper copy of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection at City Hall, 130 Avram Avenue, Rohnert Park, California 94928. Electronic copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection on
https://www.rpcity.org/city_hall/city_council/meeting_central. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will be made available for inspection at
City Hall and on our website at the same time. Any writings or documents subject to disclosure that are provided to the City Council during the meeting will be made available for public inspection during meeting and on our website following the meeting.
AMERICAN DISABILITY ACT ACCOMMODATION: Any member of the public who needs accommodations should email the ADA Coordinator at [email protected] or by calling 707-588- 2221. Notification at least 72 hours prior to the meeting will enable the ADA Coordinator to use her best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Information about reasonable accommodations is available on the City website at
https://www.rpcity.org/city_hall/departments/human_resources/a_d_a_and_accessibility_resources
CERTIFICATION OF POSTING OF AGENDA
I, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare that the foregoing agenda was posted and available for review on February 27, 2023 at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also available on the City web site at www.rpcity.org.
Executed this February 27, 2023 at Rohnert Park, California.
Sylvia Lopez Cuevas
Office of the City Clerk
Brown Act Training
City of Rohnert Park
February 28, 2023
2 Agenda
I. The Brown Act - Overview
II. Meetings
III. Improper Meetings
IV. Exceptions to Meeting Requirements
V. Closed Sessions
VI. Teleconferencing Procedures
VII. Public Access to Meetings
VIII. Brown Act Violations
I. The Brown Act-Overview
“Public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.” Gov. Code § 54950
3 4
The Brown Act
• All meetings of the
legislative body of a
local agency must be
open and public
• All persons must be
permitted to attend
any meeting
II. Meetings
Basic Rule: Meetings of legislative body are covered by the Brown Act. • What is legislative body?
– includes standing committees or commissions
– advisory committee made up of less than quorum is not “legislative body” • What is a Meeting?
– any gathering of a majority of the members of a legislative body – at the same time and location
– to hear, discuss, deliberate or take action upon any item which is within its subject matter jurisdiction
5 Types of Meetings
• Regular meetings –
Occurs on the body’s regular meeting day / time
Agenda must be posted at least 72 hours prior to the meeting (GC 54954.2(a))
• Special meetings
24 hour notice required
Called to discuss specific issue
6 Types of Meetings (Cont.)
• Emergency meetings
Can be as little as 1 hour notice to media
• Adjourned Meeting
Regular or Special meetings may be adjourned to another time Notice of Adjourned Meeting must be posted within 24 hours after meeting is adjourned
7 Emergency Meetings
• The legislative body determines a work stoppage, crippling disaster, or other activity severely impairs public health or safety.
• The legislative body determines that a “dire” emergency exists, such as mass destruction, terrorist act or threat that poses immediate and significant peril. • The special meeting provisions apply to emergency meetings, except for the 24-hour notice.
Gov. Code § 54956.5 (a) and (d)
8 Meetings- Agenda Requirements
• Post in an accessible location – City Hall, at Meeting Location, on City website.
• Must include time and place of meeting.
• Include all items to be discussed or acted upon at the meeting. • Include brief description of each item.
• Allow for public to comment before or during agenda items.
Gov. Code § 54954.2
9 Meetings- Agenda Requirements
• Agendas of public meetings are disclosable public records under the California Public Records Act and shall be made available upon request without delay and in compliance with Section 54954.2 or Section 54956, as applicable.
• If a writing is a public record related to an agenda item that is distributed to all or a majority of the body less than 72 hours before the meeting it must be made available for public inspection at the same time the writing is distributed.
• Writings that are public records and distributed to all or a majority of the body during a public meeting must still be made available for public inspection at the meeting if prepared by the local agency or a member of its legislative body.
• Writings prepared by member of the public can be made available after the meeting.
Gov. Code § 54957.5
10 Meetings-Non-Agendized Items
• Action or discussion on any item not appearing on the posted agenda is generally prohibited.
• Legislative body may only:
– Briefly respond to public statements or questions;
– Ask a question for clarification;
– Make a brief announcement;
– Make a brief report on his or her activities;
11 MeetingsNon-Agendized Items (Cont.) …
– Provide a reference to staff or other sources for factual information; – Request staff to place the matter on a future agenda and report back to the legislative body in a subsequent meeting; or
– (NEW!) Members can decide on whether to allow member to participate via teleconference due to emergency circumstances (Gov.
Code§54953(f)(2)(ii)).
12 Meetings - Adding Items to an Agenda
• A legislative body may take action on items of business not appearing on the agenda:
– When a majority decides that an emergency situation exists (i.e., work stoppage, crippling disaster, etc.).
– When two-thirds present (or all members if less than two-thirds are present) determine there is a subsequent need to take immediate action and that the need for action “came to the attention of the local agency subsequent to the agenda being posted.”
– When the item appeared on the agenda of, and was continued from, a meeting held not more than five days earlier.
Cal. Gov. Code § 54954.2(b)
13 III. Improper Meetings - Serial Meetings
Caution: “A majority of the members of a
legislative body shall not...use a series of
communications of any kind, directly or
through intermediaries, to discuss,
deliberate, or take action on any item of
business that is within the subject matter
jurisdiction of the legislative body.
Gov. Code § 54952.2(b)(1)
14 15
Improper Meetings- Serial Meetings
• Daisy Chain: If Member A contacts Member B, and
Member B contacts Member C, and so on, until a quorum
has been involved, this type of “serial meeting” may result in a violation of the Brown Act.
16 Improper Meetings - Serial Meetings
• Hub and spoke: An intermediary contacts at least a
quorum of the members to develop a collective
concurrence on action to be taken by the legislative body.
Improper Meetings - Serial Meetings
through Technology
• Use of e-mail/texts by a majority of a legislative body to discuss, deliberate, or take action on items within the body’s jurisdiction violates the Brown Act.
17 Recommendations for E-mail/Texts
• Avoid sending e-mails/texts to the whole body.
– If necessary, provide information only.
– Do not solicit a response.
• Be careful replying to e-mails/texts.
– Do not communicate your position or make a commitment on a pending matter.
– Do not direct a reply to a majority of the body.
• Think carefully before sending any e-mail/text.
– Remember, your e-mail or text can be forwarded by others to a majority of the body.
– The Internet has a long memory.
18 Limited Social Media Exception
• A member of a legislative body may engage in conversations or communications on an internet-based social media platform (e.g., Facebook or Twitter) to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body, provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves agency business. • A member of the legislative body may not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. Cal. Gov. Code § 54952.2(b)(1)(3) 19 IV. Exception to Meeting Requirements -
Non-Meetings
• A City official may:
– engage in “separate conversations or communications” outside of a meeting
– in order to “answer questions or provide information” – so long as that person “does not communicate to members of the legislative body the comments or positions of any other member or members.”
• NOTE - Individual contact on internet-based social media platform that is open and accessible to the public and related to City business is prohibited
Gov. Code § 54952.2(b)(2) and (b)(3))
20 Non-Meetings
• Individual contacts or conversations between a member and any other person (provided that person is not serving as an intermediary between other members of the legislative body).
Gov. Code § 54952.2(c)(1)
21 Non-Meetings
• Attendance by a majority of members at:
– A conference that is related to the business of the agency that is open to the public;
– Open and publicized community meetings held by another person or organization other than City;
– Purely social or ceremonial events; and
– A meeting of another legislative body.
• Members cannot discuss amongst themselves business “of a specific nature” that is within the subject matter jurisdiction of the agency.
Gov. Code § 54952.2 (c)
22 Non-Meetings
• Attendance by a majority of members at:
– An open and noticed meeting of a standing committee of that body, Provided that the members of the legislative body who are not members of the standing committee attend only as observers.
Gov. Code § 54952.2(c)(6)
23 V. Closed Sessions
Closed Sessions:
• Closed sessions are an exception to the rule that agency meetings must be open and public.
• Only topics authorized under the Brown Act may be discussed in closed session.
• The most common closed session topics are: Litigation (Existing or Potential), Real Estate Negotiations, Personnel Matters, and Labor Negotiations.
Gov. Code § 54954.3
24 Closed Sessions
• The disclosure of confidential information is prohibited unless the legislative body authorizes the disclosure of the information. •“Confidential information” means communication made in closed session that is specifically related to the basis for the closed session meeting.
Gov. Code §54963(a) and (b)
25 Who Can Attend Closed Session?
According to the California Attorney General:
1. No “semi-closed” sessions where only certain “interested” members of the public attend.
2. In general, the Commission, essential support staff, legal counsel, consultants and other persons with an official role in the item.
26 VI. Teleconferencing
Three options for teleconferencing under the Brown Act:
1. Traditional Teleconferencing Requirements
2. AB 361 – State of Emergency provisions
3. AB 2449 – Just Cause or Emergency
27 Traditional Teleconferencing
Requirements
• Agenda must be posted at all locations, with
teleconference locations specifically identified
• All teleconference locations must be open to public with public participation at each location
• Must be quorum participating from locations within agency boundaries
• Roll call votes only
28 Teleconferencing in States of Emergency
AB 361 – Emergency Teleconferencing
• Only applicable if there is a statewide state of emergency AND (1) state or local officials have
imposed/recommended social distancing measures OR
(2) meeting in person would present imminent risks to the health/safety of attendees
• Legislative Body must pass a Resolution making the
above findings
29 AB 2449 – Modified Teleconferencing
• Quorum must meet in person
• Individual members can appear remotely if either:
– “Just Cause”
– “Emergency Circumstances”
• Members may only appear remotely for 3 consecutive
months or 20% of regular meetings in a year
• If remote, must disclose whether other adults are present and the general nature of that relationship
30 AB 2449 – Modified Teleconferencing
• “Just Cause” is defined as:
i. a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely;
ii. a contagious illness that prevents a member from attending in person; iii. a need related to a physical or mental disability as defined by statute; or iv. travel while on official business of the legislative body or another state or local agency.
• May only appear remotely for “just cause” twice per year • No legislative Body action required to appear remotely for “just cause” 31 AB 2449 – Modified Teleconferencing
• “Emergency Circumstances” includes a physical or family medical emergency that prevents a member from attending in person. • Action required for remote appearance due to emergency circumstances. – Remote member must request that the Body allow them to appear remotely and the Body must take action to approve the request – This request and action to allow remote attendance can be taken as late as the beginning of the meeting
32 VII. Public Access to Meetings
• Physical Accessibility
• Meeting Documents
• Recording of Meetings
• Right to Record
• Public Participation
• Limits on Public Participation
33 Accessibility
• Members of the public cannot be required to register their names, provide other information, complete a questionnaire, or otherwise “fulfill any condition precedent” to attending a meeting.
Cal. Gov. Code § 54953.3
• No meeting or any other function can be held in a facility that prohibits attendance based on race, religious creed, color, national origin, ancestry or sex, or which is inaccessible to the disabled.
Cal. Gov. Code § 54961(a)
34 Accessibility
• A meeting may not be held where the public must make a payment or purchase in order to be present.
Cal. Gov. Code § 54961(a)
• Action by secret ballot, whether preliminary or final, is prohibited.
Cal. Gov. Code § 54953(c)
35 Accessibility – Disabled Persons
• Meetings must be held in facilities accessible to disabled persons.
Cal. Gov. Code § 54961
• Agendas must include information regarding contact information for requests for disability-related accommodations.
Cal. Gov. Code § 54954.2(a)(1)
• Agendas and other documents must be made available in “appropriate alternative formats” when requested.
Cal. Gov. Code § 54954.2(a)(1)
36 Public Participation
• A regular meeting agenda must allow an
opportunity for members of the public to
speak on any item of interest, so long as
the item is within the subject matter
jurisdiction of the legislative body.
• The public must be allowed to speak on a
specific item of business before or during
the legislative body’s consideration of it.
• Public comments at special meetings can
be limited agenda items only.
Cal. Gov. Code § 54954.3 (a)
37 Limits on Public Participation
• The legislative body may adopt reasonable regulations, including time limits, on public comments (e.g., three
minutes).
38 Limits on Public Participation
• The legislative body may remove persons from a meeting who willfully interrupt proceedings. If order still cannot be restored, the meeting room may be cleared.
• Members of the news media who have not participated in the disturbance must be allowed to continue to attend the meeting.
Cal. Gov. Code § 54957.9
39 Limits on Public Participation
• Expressions of support or opposition to matters before any legislative body (provided they are not overly disruptive) constitute protected speech.
• The legislative body cannot prohibit public criticism of policies, procedures, programs, or services of the agency or the omissions of the legislative body itself.
40 Recordings of Meetings
• Any tape or film record of a public
meeting made by or at the direction
of the local agency is subject to
inspection under the Public
Records Act; however, it may be
erased or destroyed 30 days after
the taping or recording.
• Any inspection of a video or tape
recording is to be provided without
charge on a video or tape player
made available by the local agency.
The agency may impose its
ordinary charge for copies.
Cal. Gov. Code Sections 54957.5(c) and
54953.5(b)
41 Recording of Meetings
• The public is allowed to use audio or video tape recorders or still or motion picture cameras at an open meeting, absent a
reasonable finding by the legislative body that such recording, if continued, would persistently disrupt the proceedings due to noise, illumination, or obstruction of view.
Cal. Gov. Code § 54953.5
42 VIII. Brown Act Violations
• Request to Cure/Action Invalidated
• Civil Action to Prevent Future Violations
• Costs and Attorneys’ Fees
• Criminal Charges
– . . .where the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under this chapter, is guilty of a misdemeanor.
Gov. Code Sections 54959, 54960, 54960.1
43 Civil Actions
• The district attorney or any interested person can file a civil action asking a court to:
– Stop or prevent violations or threatened violations of the Brown Act by members of a legislative body.
– Determine the applicability of the Brown Act to past actions or threatened future actions of a legislative body.
– Void certain past actions found to be in violation of the Brown Act.
Cal. Gov. Code Sections 54960, 54960.1, 54960.2
44 Opportunity to Cure
• Before filing a court action to void certain past actions, the aggrieved party must send a written “cure or correct” demand to the legislative body. • The demand must clearly describe the challenged action, the nature of the alleged violation, and the “cure” sought, and it must be sent within 90 days of the alleged violation (or 30 days if the action was taken in open session but in violation of Section 54952.2 which defines “meetings.”)
• The legislative body then has up to 30 days to cure or correct its action. If it does not act, any lawsuit must be filed within the next 15 days.
Cal. Gov. Code Section 54960.1
45 Who Can File an Action?
• An “interested person” need not be a resident within the territory of the agency.
46 CASE STUDY
Ms. Dee Veloper invites all five members of a legislative body to visit the site of her proposed development project at the same time before the upcoming meeting to discuss the project. Should they go? What if they all show up at the same time anyway?
47 CASE STUDY
After attending an interesting meeting of the County
Board of Supervisors on issues that would affect the City, the member decides to circulate the excellent summary of County actions that may affect the City, and asks each
member of the body to “Let me know what you think.”
48 CASE STUDY
Committee Member Tweet’s Facebook page has a
posting describing his desire to address a certain issue at the next meeting. Can all of Tweet’s fellow Committee
Members click the “like” button? What if less than a
majority click the “like” button?
49 CASE STUDY
Reverend Brimstone discovers that each
time he speaks about the evils of society
during the general public comment period
of City public meetings, which are televised,
he gets some new visitors to his house of
worship. During the comment period of one
meeting, he accuses the members of the
City Council and various City Committees
of being “sinners”. The presiding officer of
the meeting directs the Clerk to turn off the
power on the speaker’s microphone. Is this
OK?
50 CASE STUDY
“We learned this morning of an opportunity for a state grant,” says a member of City Staff at the meeting, “but our application has to be submitted in two days and this funding is critical to the City.
We’d like to get the go ahead tonight to prepare the application, even though it’s not on the agenda.” Can this vote take place? 51 CASE STUDY
Several City Councilmembers get together regularly for breakfast at the Dew Drop Inn. Over bowls of cereal, they begin discussing the City’s budget woes. Is this allowed? What if they discuss the State’s budget woes?
52 Avoid These Headlines
Loss of open meetings lawsuit to cost city more than
$100K in legal fees – February 25, 2020
The city of Bakersfield has agreed to pay more than $100,000 in attorneys fees after a judge ruled the City Council violated open meeting laws when it held three closed session meetings to discuss the city’s financial outlook.
The two plaintiffs in the case, First Amendment Coalition and Californians Aware, say they had very clear evidence of what was discussed during the meetings.The legal advocacy groups obtained slides that were displayed during the meetings.
The city must also record closed sessions for one year in case future Brown Act complaints emerge, according to a court ruling.
53 54
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