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HomeMy WebLinkAboutRES NO 116-90RESOLUTION NO. 116-90 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIR?~ P~EQUIRING THE OBSERVANCE OF ALL PROVISIONS OF THE BROWN ACT AND SUPPORTING STATE LEGISLATION REINSTATING ALL PROVISIONS OF 'r~BROWN ACT. WHEREAS, Chapter 459 of the Statutes of 1990, added Section 17581 to the California Government Code, which provides that no local agency shall be required to implement any statute if the statute has been determined to require reimbursement by the California Constitution, and if the statute has been identified in the state Budget Act as one for which reimbursement is not provided for the fiscal year; and WHEREAS, the "open meetings act" (Ch. 641, Stats. 1986) was identified in the 1990-91 Budget Act as one for which reimbursement will not be provided for the 1990-91 fiscal year; and WHEREAS, Chapter 641, statutes of 1986, includes the seventy-two (72) hour advance posting requirement, the prohibition against taking action on non-agenda items, the requirement of an opportunity for public comment at meetings, the authority for mandate actions to invalidate actions taken in violation of the Brown Act, the twenty-four (24) hour advance posting requirement for special meetings, the posting require- ments for emergency meetings and provisions for attorneys fees and costs in actions to enforce the Brown Act; and WHEREAS, it is important to this Council that the Council and all City legislative bodies continue to conduct the public's business in compliance with the provisions of the Ralph M. Brown Act; and WHEREAS, the foregoing provisions of the Brown Act do not create a financial burden on the City of Bakersfield. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. That all provisions of the Brown Act, including the mandates contained in chapter 641, statutes of 1986, shall be followed by the City Council and all other boards, commissions and agencies of the City of Bakersfield to which the Brown Act is applicable. 2. That the Council of the City of Bakersfield supports action by the State Legislature reinstating all provisions of the Ralph M. Brown Act. 3. That certified copies of this resolution shall be sent by the City Clerk to area representatives in the State Legislature. .......... o0o .......... I HE~RRY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on AUG 2 2 lgg§ , by the following vote: AYES; COUNCILMEMBERS: EDWARDS. ~)eMONO. SMITH, SRUNNI. PETERSON. McOERMO]/. SALVABGIO NOES; COUNCILMEMBERS ASSENT COUNCILMEMBERS: ~/o~' ~ ABSTAIN: COUNCILMEMBERS' Council of the City of Bakersfield the APPROVED AUG 2 2 1990 CL~R~CE E. MAYOR of the City of Bakersfield APPROVED as to form: ~r~ :. s_...,u~..m~./ ) c~T¥ ATTO~J3.~of ~,:~e c~ty of ~er~f~d LCM/meg - BROWACT. RES 8/15/90