Loading...
2021/03/05 City Council Agenda Packet "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." ROHNERT PARK CITY COUNCIL/BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE/BUILDING APPEALS BOARD/MOBILE HOME PARK RENT APPEALS BOARD/PARK AND RECREATION COMMISSION/PLANNING COMMISSION/SENIOR CITIZENS ADVISORY COMMISSION/SISTER CITIES RELATIONS COMMITTEE SPECIAL MEETING NOTICE AND AGENDA NOTICE IS HEREBY GIVEN THAT A SPECIAL MEETING will be held on Friday March 5, 2021 Open Session: 11:00 A.M. * COVID-19 NOTICE * Consistent with Executive Orders No. N-25-20 and No. N-29-20 from the Executive Department of the State of California and the Sonoma County Health Official’s March 17, 2020 and March 31, 2020 Shelter in Place Orders, this Special Meeting will not be physically open to the public and City Councilmembers will be teleconferencing into the meeting via Zoom Video Communications software. How to observe the Meeting: To maximize public safety while still maintaining transparency and public access, me mbers of the public can observe the meeting on Cable Channel 26 or by visiting meeting central on our website https://www.rpcity.org/city_hall/city_council/meeting_central How to submit Public Comment: Members of the public may provide public comment related to this Special Meeting by sending comments to publiccomment@rpcity.org Comments are requested by 9:00 a.m. on the day of the meeting, but can be emailed until the close of the Public Comment period. Email comments should be a maximum of 350 words, which corresponds to approximately 3 minutes of speaking time. The comments will be read for the record, with a maximum allowance of 30 minutes of total public comments, subject to the Mayor’s discretion. If a comment is received after the close of the Public Comment period but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read for the record or considered in connection with the agenda item. American Disability Act Accommodations: Any member of the public who needs accommodations should email the ADA Coordinator at vperrault@rpcity.org or by calling 707-588-2221. The ADA Coordinator will use their 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 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 Section 54952.3): Members of the City Council receive no additional compensation as a result of convening this special meeting of the City Council and the Rohnert Park Financing Authority. 1. JOINT SPECIAL MEETING CALL TO ORDER 2. ROLL CALL Rohnert Park City Council Adams_____Linares_____Stafford_____Elward_____Giudice_____) Bicycle And Pedestrian Advisory Committee (Hensel ___ Bell ___ Finale ___ Rodriguez ___ (Vacant) ___) Building Appeals Board (Tatman_____Waters_____Vacant_____) Mobile Home Park Rent Appeals Board (Finnigan___ Kirby___ Bolanos-Chavira___ Taylor___ Davis___) Park And Recreation Commission (Borr_____ Chasco_____ Rico_____ Tatman_____ Thompson____) Planning Commission (Austin-Dillon_____ Blanquie____ Lam____ Orloff____ Striplen____) Senior Citizens Advisory Commission (Pekkain _____ Coffman_____ Galipeau_____ Kibwaa____Transue_____) Sister Cities Relations Committee (Altamirano _____ Borin_____ Knappman_____ Lorenz____Senyk_____) 3. BROWN ACT TRAINING BY CITY ATTORNEY A. Public Comments B. City Attorney Presentation 4. 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, after receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the record. 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: 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 writ ings 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 also be made available for inspection on our website following the day of the meeting. 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 March 3rd, 2021 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 March 3rd, 2021 at Rohnert Park, California. Sylvia Lopez Cuevas Office of the City Clerk 1 BROWN ACT BASICS The City of Rohnert Park Presented by: Sergio Rudin, Assistant City Attorney Denise Bazzano, Assistant City Attorney March 5, 2021 Note: This material is a general summary of some of the many provisions of the Brown Act. If you have any question about whether the Brown Act applies to a particular matter, we recommend that you consult with City Attorney’s office. 2 The Agenda I.PURPOSE II.BODIES COVERED III. MEETINGS IV.AGENDA REQUIREMENTS V.PUBLIC ACCESS TO MEETINGS VI. CLOSED SESSIONS VII.ENFORCEMENT 2 3 I. Purpose of the Brown Act •To guarantee the public’s right to attend and participate in meetings of local legislative bodies. 3 4 Basic Rule of the Brown Act •All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in [the Brown Act].” §54953 4 5 II.BODIES COVERED •All meetings of the legislative body of a local agency must be open and public. §54953 What is a legislative body? –The City Council; –City commissions and committees, whether permanent or temporary, decision-making or advisory, created by a formal act (with some exceptions); and –Newly elected members of a covered body, prior to being sworn into office. 5 6 What is not a legislative body? •Advisory committee made up of less than a quorum is not a “legislative body” Is ADVISORY, not decision-making; AND Includes ONLY Board Members; AND Includes LESS than a quorum; AND Does NOT have continuing subject matter jurisdiction; AND Is NOT meeting on a fixed schedule set by the Board. 6 7 III. MEETINGS •A “meeting”includes: –any gathering of a majority of the members of the body –at the same time and location to hear, discuss, deliberate or take action upon any item which is –within its subject matter jurisdiction. 7 8 8 Types of meetings •Formal Meetings ─Regular meetings: 72-hours of notice required ─Special meetings: 24-hours of notice required Only the business set forth in the notice may be considered at the meeting. Local agencies are prohibited from calling a special meeting about a local agency executive’s salary, salary schedule, or fringe benefits. ─Emergency meetings: 1 hour’s notice required The legislative body determines that a “dire” emergency exists, such as mass destruction, terrorist act or threat that poses immediate and significant peril. 9 9 Informal Meetings Prohibited •Outside of a properly noticed meeting, 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. §54952(b)(1). 10 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. 10 11 Serial Meetings •Hub and spoke: An intermediary --such as a staff member or even a developer or applicant --contacts at least a quorum of the members to develop a collective concurrence on action to be taken by the committee. 11 12 E-mail/Technology Meetings 12 13 New Brown Act Provisions Relating to Communications on Social Media •AB 992 provides that a member of a legislative body may engage in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public. •However, two members cannot discuss or interact directly with each other on the social media platform. 13 14 Tips for Email Best Practices . DO NOT send e-mails to the whole legislative body. Do not solicit a response. DO NOT reply all to e-mails. Add note to all outgoing emails that your emails should not be forwarded to other members of the legislative body. Do not communicate your position or make a commitment on a pending matter 14 15 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 committee) is by law not a meeting. §54952.2(b)-(c) 15 16 Non-Meetings* •Open and public meeting by a person or organization other than the agency (Lions Club) •Conferences open to the public •Social or ceremonial events (holiday parties) •Open and publicized meeting of body of the local agency or another legislative body •Open and publicized meeting of 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). * Provided that a majority of the members do not discuss amongst themselves business “of a specific nature” that is within the subject matter jurisdiction of the agency. 16 17 Which of the following is permissible under the Brown Act? 1.Attending a community meeting organized by the Lions Club with half of your body’s members to hear about charitable fundraising 2.Attending annual holiday party with half of your body’s members 3.Sitting together with half of your body’s members at a County Board of Supervisors meeting so that you all can share notes in preparation for an upcoming meeting on a topic of local interest. 17 18 IV. AGENDA Agenda Requirements •Agenda Posting Requirements •Agenda Description •Public Comment •Non-Agendized Items •Adding Items to an Agenda 18 19 Agenda Posting Requirements •A written agenda must be prepared for each regular or adjourned regular meeting of each legislative body. •The agenda for a regular meeting must be posted at least 72 hours before the meeting. •Notice of all meetings, including special meetings, must be posted on the local agency’s website. 19 20 20 Agenda Description Each item of business to be “transacted or discussed,” including items to be discussed in closed session, must be the subject of a “brief general description” which generally need not exceed 20 words. (Gov. Code§ 54954.2(a)(1).) 21 Non-Agendized Items •Action or discussion on any item not appearing on the posted agenda is generally prohibited. •Members 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, –Provide a reference to staff or other sources for factual information, or –Request staff to report back in a subsequent meeting. 21 22 V. Public Access to Meetings •Place must be open and accessible (ADA) •Access to agenda materials •Opportunity for Public Participation 22 23 Access to Agenda Materials •The public has the right to review agendas and other writings distributed by any person to a majority of the legislative body in connection with a matter subject to discussion or consideration at a meeting. •Exception for privileged documents. 23 24 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 body. •The public must be allowed to speak on a specific item of business before or during the body’s consideration of it. •Public comments at special meetings can be limited agenda items only. §54954.3 (a) 24 25 Teleconferencing •Meetings may be conducted by teleconferencing (i.e., any electronic audio or video connection) under the following conditions: –Agenda is posted at all teleconferencing locations and specifies all teleconference locations being used; –There is public access to all teleconference locations; –At least a quorum of the members must within the geographical boundaries of the local agency. –There is public opportunity to speak at each teleconference location; and –All votes are taken by roll call. §54953 (a) and (b) 25 26 Order N-29-20 allows public meetings to be held by video, teleconference or other electronic means during the period in which health officials have imposed or recommended social distancing measures. It further suspends numerous other Brown Act requirements, including: •to identify the physical location of members participating by teleconference •to post agendas at all teleconference locations •for a quorum of the legislative body's members to be within the jurisdiction when the meeting is taking place 26 27 Order N-29-20 still requires local legislative bodies to: •provide advance notice of and post agendas for public meetings in accordance with the Brown Act's time frames •provide information by which members of the public may observe and offer public comment •advertise and implement a procedure for receiving and resolving reasonable Americans with Disabilities' (ADA) accommodation requests. 27 28 COVID-19 Emergency Orders •EO N-63-20 suspended any statutes requiring in person hearings provided the following are satisfied: –a) Each participant in the hearing has an opportunity to participate in and to hear the entire proceeding while it is taking place and to observe exhibits; –b) A member of the public who is otherwise entitled to observe the hearing may observe the hearing using electronic means; and –c) The presiding officer satisfies all requirements of the Americans with Disabilities Act and Unruh Civil Rights Act. 28 29 Post COVID? •Unless revised, the Brown Act would resume to require the following for teleconferencing: –The legislative body approves the use; –Agenda is posted at all teleconferencing locations and specifies all teleconference locations being used; –There is public access to all teleconference locations; –At least a quorum of the members must within the geographical boundaries of the local agency. –There is public opportunity to speak at each teleconference location; and –All votes are taken by roll call. §54953 (a) and (b) 29 30 Limits on Public Participation •Expressions of support or opposition to matters before the legislative body (provided they are not 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. 30 31 Limits on Public Participation •The body may adopt reasonable regulations, including time limits, on all public comments (e.g., three minutes). §54954.3 (b)(1) •Constitution permits regulations against active disruption and interference with the meeting. 31 32 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. §54953.5 32 33 33 Role of the Presiding Officer •The Presiding Officer must set a courteous and considerate tone •Should focus discussion on merits and away from disparaging remarks or remarks related to personal characteristics of the applicant/opponents •Should guide so that the applicants/opponents/interested citizens are all treated respectfully and fairly 34 Voting Disclosure •Legislative bodies must publicly report: –any action taken; and –the vote or abstention on each action taken by each member present for the action at a meeting. §54953(c)(2) 34 35 VI. 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 and the discussions are confidential. •The agenda generally has a safe harbor description of what the closed session item is about. •Although the public may not participate in the actual closed session, they may make public comment before closed session begins. 35 36 Examples of Permissible Closed Sessions •Labor Negotiations •Existing Litigation •Anticipated Litigation •Real Property Negotiations 36 37 A member of the legislative body is following the Facebook page for a local business in the City and sees that a member of the public has commented on the page that the business owner will be speaking at the meeting of the legislative body on Sunday at 10 p.m. The member wants to correct the post by providing the correct meeting date and time but knows that a majority of the members of the legislative body also follow the Facebook page. Can the member post to the Facebook page the correct information? 37 38 Disclosure of Closed Session Info •The disclosure of confidential information is prohibitedunless 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. §54963(a) and (b) 38 39 VII. ENFORCEMENT •Government Code section 54959 makes willfully holding unauthorized meetings to deprive the public of information a misdemeanor. •Under section 54963, additional remedies in the Brown Act for violations of closed session confidentiality requirements can include: –(1) Injunctive relief to prevent the disclosure of confidential information. –(2) Disciplinary action against an employee who has willfully disclosed confidential information in violation of this section. –(3) Referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to the grand jury. •The Riverside District Attorney has also publicly opined that disclosure of confidential information can be the subject of criminal misdemeanor prosecution for violation of Government Code 1222, which is willful omission by public officer to perform duty under law. 39 40 EXPOSURE TO LEGAL CHALLENGES •Requests to Cure •Requests to Cease & Desist •Civil Actions •Costs and Attorney’s Fees §§54960, 54960.1, 54960.2, 54960.5 40 41 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. –Determine the applicability of the Brown Act to some past actions or threatened future actions. –Void certain past actions in violation of the Brown Act. §§54960, 54960.1, 54960.2 41 42 Invalidation of Actions •Invalidation is limited to actions that violate the following sections: –§54953 (the basic open meeting provision); –§§54954.2 and 54954.5 (notice and agenda requirements for regular meetings and closed sessions); –§54954.6 (tax hearings); and –§54956 (special meetings). 42 43 Costs and Attorneys’ Fees •If the court finds the legislative body violated the Brown Act, the plaintiffs may get costs and attorneys’ fees. •A public entity may get costs and attorneys’ fees if it wins only if the lawsuit was “clearly frivolous and totally lacking in merit.” 43 44 44 Questions?