Loading...
HomeMy WebLinkAboutItem 8a - Unconditional Commitment Letter STAFF REPORT OFFICE OF THE CITY ATTORNEY DATE: October 21, 2025 TO: Honorable Mayor and City Council FROM: Michael J. Maurer, City Attorney SUBJECT: UNCONDITIONAL COMMITMENT UNDER THE BROWN ACT PURSUANT TO GOVERNMENT CODE SECTION 54960.2 CEQA: Not a Project Recommendation: Approve SUMMARY Approving an unconditional commitment is a “safe harbor” under the Ralph M. Brown Act (“Brown Act”) that enables public agencies to avoid the costs of unnecessary litigation. Where an interested party alleges that a violation of the Brown Act occurred, even if the allegation is disingenuous or unfounded, the City Council may approve an unconditional commitment to avoid costly litigation. An unconditional commitment is not an admission that any violation occurred; the Brown Act specifically states that an unconditional commitment may be made even if there was no violation of the law. On September 16, 2025, two members of the public, Stephanie Aikin and Laurie Thompson, sent the City Council a demand letter under the Brown Act. The letter states that they did not have an opportunity to provide public comment before the City Council considered and approved the Rules of Procedure and Decorum, at its meeting on September 2, 2025. During Public Comments, Stephanie Aikin spoke at length on the Rules of Procedure and Decorum and Laurie Thompson did not attempt to make a public comment or submit a request to speak. Therefore, the allegation that they were not given the opportunity to provide public comments is not accurate. Even though the City Council followed the law, if the individuals sending the letter were to file a lawsuit, the City would incur attorneys’ fees and costs to defend the Unconditional Commitment Letter October 21, 2025 Page 2 of 4 case. Approving the enclosed response letter avoids this outcome. It is recommended that the City Council approve the Unconditional Commitment Letter pursuant to Government Code Section 54960.2, direct the Mayor to execute the letter, and authorize its transmittal to the opposing parties. BACKGROUND The Ralph M. Brown Act (Government Code Sections 54950 et seq.) is California’s open meetings law for local government agencies. It requires the City Council to post a public agenda for all of its meetings and to limit its actions to items on the agenda. The Brown Act also requires the City Council to take public comments prior to voting on an agenda item. Each local government agency handles public comments differently. Some agencies provide for a single public comment period at the beginning of the meeting, prior to any discussion or action items. Other agencies take public comments during each item. Traditionally, the Arcadia City Council has used a hybrid approach. During the “Public Comments” period, it hears comments on all non-public hearing items, and for any item designated as a “Public Hearing”, it takes comments separately during the public hearing. On September 16, 2025, two members of the public, Stephanie Aikin and Laurie Thompson, sent the City Council a demand letter under the Brown Act. The letter states that they did not have an opportunity to provide public comment before the City Council considered and approved the Rules of Procedure and Decorum at its meeting on September 2, 2025. DISCUSSION At the meeting of September 2, 2025, the City Council made clear that public comments for all the meeting’s actions, including the Rules of Procedure and Decorum (item 10.a), would be heard during the “Public Comments” portion of the agenda. Stephanie Aikin did, in fact, make public comments on the proposed Rules of Procedure and Decorum. It is clear that she was given a proper opportunity to address the City Council and that she understood it was the appropriate time to comment on the Rules of Procedure and Decorum. If Laurie Thompson was in attendance that evening, she did not submit a public speaker card indicating her Unconditional Commitment Letter October 21, 2025 Page 3 of 4 desire to speak. Therefore, the allegation that they were not given the opportunity to provide public comments is not accurate. Because neither Ms. Aikin nor Ms. Thompson were deprived of an opportunity to address the City Council, it appears that the only alleged contention relates to the language that was within the City Council agenda packet at the time. The language stated that public comments on agenda items would be taken during discussion of the respective agenda item. However, the Brown Act does not prescribe when comments are taken (as long as they are taken before an action), and the City Council has discretion to re-order the agenda and make other procedural decisions. The fact that comments were called for during “Public Comments” is not a violation of the Act. Nonetheless, City staff has revised the agenda language to better clarify the City’s standard meeting procedures going forward. The purpose of the Brown Act is to encourage transparent government and public participation, not litigation. Under the Brown Act, an interested party may file a lawsuit in order to obtain a judicial determination that a violation occurred, but only if the interested party first makes a demand that the City Council “cease and desist” from the alleged violation. If the City Council responds to the demand by making an unconditional commitment not to repeat the alleged violation, then the interested party cannot file the lawsuit. The Brown Act specifically states that approving an unconditional commitment letter is not an admission that a violation occurred. The City may approve the letter solely to avoid litigation, even if no violation took place. The letter must be substantially the same as a form letter contained within the Brown Act. The enclosed letter follows this format (Attachment No. 1) and commits the City to continue taking public comments in compliance with the Brown Act, which it would continue to do regardless. Approving the unconditional commitment does not create any additional exposure for the City, nor does it necessitate any change in the City Council’s standard procedures. The City Council has always taken public comments prior to taking action on any agenda items. Again, this action is not an admission of fault by the City but avoids any lawsuit, credible or not. Unconditional Commitment Letter October 21, 2025 Page 4 of 4 ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), as it can be seen with certainty that it will have no impact on the environment. FISCAL IMPACT The current fiscal impact is limited to the staff costs to review the demand and prepare the Unconditional Commitment Letter. Failure to approve the letter may result in the City incurring legal defense costs, which could exceed several thousand dollars. RECOMMENDATION It is recommended that the City Council determine that this letter does not constitute a project under the California Environmental Quality Act (“CEQA”); and approve the Unconditional Commitment Letter pursuant to Government Code 54960.2, direct the Mayor to execute the letter, and authorize its transmittal to the opposing parties. Attachment No. 1: Letter of Unconditional Commitment Attachment No. 2: Demand to Cease and Desist (September 16, 2025) Attachment No. 3: September 2, 2025, City Council Regular Meeting Agenda ArcadiaCA.gov | 240 West Huntington Drive, Arcadia, CA 91007 | (626) 574 - 5403 David Fu Council Member Paul P. Cheng Council Member Michael Cao, M.D. Council Member Sharon Kwan Mayor Eileen Wang Mayor Pro Tem October 21, 2025 Laurie Thompson Stephanie Aikin c/o BRIGGS LAW CORPORATION 99 East “C” Street, Suite 203 Upland, CA 91786 To Laurie Thompson and Stephanie Aikin: The Arcadia City Council has received your cease and desist letter dated September 16, 2025, alleging that the following described past action of the legislative body violates the Ralph M. Brown Act: “[A]t your meeting on September 2, 2025, you failed to allow any public comment on Resolution No. 7652 to adopt a policy establishing Rules of Procedure and Decorum, which you considered as part of Item 10 on your agenda for that meeting.” In order to avoid unnecessary litigation and without admitting any violation of the Ralph M. Brown Act, the Arcadia City Council hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described above. The Arcadia City Council may rescind this commitment only by a majority vote of its membership taken in open session at a regular meeting and noticed on its posted agenda as “Rescission of Brown Act Commitment.” You will be provided with written notice, sent by any means or media you provide in response to this message, to whatever address or addresses you specify, of any intention to consider rescinding this commitment at least 30 days before any such regular meeting. In the event that this commitment is rescinded, you will have the right to commence legal action pursuant to subdivision (a) of Section 54960 of the Government Code. That notice will be delivered to you by the same means as this commitment, or may be mailed to an address that you have designated in writing. Sincerely, Mayor Sharon Kwan Attachment No. 1 Arcadia City Council c/o City Clerk Linda Rodriguez 240 West Huntington Drive Arcadia, CA 91 066 RECEIVED CITY OF ARCADIA SEP 2 2 2025 CITY COUNCIL 16 September 2025 99 East "C" Street, Suite 203 Upland, CA 91786 T: 909-949-7115 F: 909-949-7121 BLC File(s): 2237.00 Via E-Mail and U.S. Mail Re: Request to Cease and Desist from Further Violation of Ralph M. Brown Act Dear Arcadia City Council: On behalf of my clients, Laurie Thompson and Stephanie Aikin, I am writing to request that your agency cease and desist from further violating the Ralph M. Brown Act (Government Code Section 54950 et seq.) and provide an unconditional commitment to cease, desist from, and not repeat the violation. . In particular, Government Code Section 54954.3(a) provides as follows: "Every a.genda. for regular meetings shall provide an 9pporrimity for me.mbers of the public to directly address tlie legislative body on.-any item ofinterest to the pu_bhc, before or during the legislative body's consideration of the item, that fa within the subject matterjurisdiction of the legislative body .... " However, at your meeting on September 2, 2025, you failed to allow any public comment on Resolution No. 7652 to adopt a policy establishing Rules of Procedure and Decorum, which you considered as part of Item 10 on your agenda for that meeting; at least one member of the public expressed a desire to comment on the Resolution and was ready, willing, and able to do so during your consideration of the matter.1 Under the Brown Act, you must provide the requested unconditional commitment in accordance with Government Code Section 54960.2(c) within 30 days of receiving this request. Please notify me in writing as soon as possible to let me know whether you will be considering the unconditional commitment and; if so, when it will be considered at a public meeting. (Either or both of my client may sue before receiving your response.) Thank you for your prompt attention to this important matter. 1 Your agenda for the meeting stated'(with your emphasis): "MATTERS ON THE AGENDA sl).o.uld be address"ed 'when.the d,ty Council considers that item. Please indicate the Agenda Item Numbers(s) on th·e Speaker Car"t(Your riame wiHbe called at the appropriate time and you may proceed with your presentation within the five (5) minute time frame. The Mayor, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the City Council." Attachment No. 2 CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 2, 2025, 7:00 P.M. Location: City Council Chambers, 240 W. Huntington Drive Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (626) 574-5455. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. 根据《美国残障人法案》，需要调整或提供便利设施才能参加会议的残障人士（包括辅助器材或服务）可 与市书记官办公室联系（电话：(626) 574-5455）。请在会前 48 小时通知市书记官办公室，以便作出合理 安排，确保顺利参加会议。 Pursuant to the City of Arcadia’s Language Access Services Policy, limited-English proficient speakers who require translation services in order to participate in a meeting may request the use of a volunteer or professional translator by contacting the City Clerk’s Office at (626) 574-5455 at least 72 hours prior to the meeting. 根据阿凯迪亚市的语言便利服务政策，英语能力有限并需要翻译服务才能参加会议的人可与市书记官办公 室联系（电话：(626) 574-5455），请求提供志愿或专业翻译服务，请至少在会前 72 小时提出请求。 How to Submit Public Comment: Members of the Public who wish to submit public comment may do so using one of the following methods. Public comment is limited to the time and words allotted. 1.In-Person: Complete a Speaker Card, indicating the agenda item number and submit it to the City Clerk prior to the meeting, or simply come to the podium when the Mayor asks for those who wish to speak. Speakers are generally limited to five (5) minutes per person; any changes to the allotted time will be announced prior to the Public Comment period. At the Mayor’s discretion, the time limit may be shortened to allow speakers to address the City Council. 2.Website: Please submit your comments using our online public comment form at ArcadiaCA.gov/comment. Your comments must be received at least 30 minutes prior to the posted meeting time. 3.Email: Please submit your comments via email to CityClerk@ArcadiaCA.gov. Your comments must be received at least 30 minutes prior to the posted meeting time. Electronic submission of Public Comment is also available via the City’s website or by email as noted below. Public Comment submitted electronically will not be read into the record at the posted meeting time but are forwarded to the City Council prior to the meeting for consideration. Attachment No. 3 如何提交公众评论意见： 公众成员可以使用以下任何一种方法提交公众评论意见。请在时间和字数的限制范围内提交公众评论意见 1. 亲自出席：填写一张发言人卡片，注明议程项目编号，然后在会议开始前提交给市书记官，或者在市 长询问公众发言时，直接到讲台上发言。发言者通常每人限时五（5）分钟；如有时间调整，将在公 众评论期间之前公告。根据市长的裁量权，时间限制可能会缩短，以便发言者向市议会发言。 2. 网站：请使用以下网站中刊载的在线公众评论意见表提交您的评论意见：ArcadiaCA.gov/comment。 必须在公布的会议时间前至少提前 30 分钟提交评论意见。 3. 电子邮件：请将您的评论意见通过电子邮件发送至：CityClerk@ArcadiaCA.gov。必须在公布的会议 时间前至少提前 30 分钟提交评论意见。 亦可按照以下方法在本市网站上或通过电子邮件以电子方式提交公众评论意见。以电子方式提交的公众评 论意见不会在公布的会议期间读入记录，但会在会议开始前转交给市议会，供市议会考虑。 1. CALL TO ORDER 2. INVOCATION Reverend Jolene Cadenbach, Arcadia Congregational Church 3. PLEDGE OF ALLEGIANCE Reverend Jolene Cadenbach, Arcadia Congregational Church 4. ROLL CALL OF CITY COUNCIL MEMBERS Sharon Kwan, Mayor Eileen Wang, Mayor Pro Tem Dr. Michael Cao, Council Member Paul P. Cheng, Council Member David Fu, Council Member 5. REPORT FROM CITY ATTORNEY REGARDING CLOSED/STUDY SESSION ITEMS 6. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS 7. PRESENTATIONS a. Presentation of an adoptable dog by Kevin McManus of the Pasadena Humane Society. 8. PUBLIC COMMENTS (5-minute time limit each speaker) Any person wishing to speak before the City Council is asked to complete a Speaker Card and provide it to the City Clerk prior to the start of the meeting. Speakers are generally limited to five (5) minutes per person; any changes to the allotted time will be announced prior to the Public Comment period. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. 9. REPORTS FROM MAYOR AND CITY COUNCIL (including reports from the City Council related to meetings attended at City expense [AB 1234]). 10. CITY MANAGER a. Resolutions considering a Mayoral censure and adoption of Rules of Procedure and Decorum for the Arcadia City Council. Resolution No. 7649 to formally censure Mayor Sharon Kwan. CEQA: Not a Project Recommended Action: No Staff Recommendation Resolution No. 7652 to adopt a policy establishing Rules of Procedure and Decorum. CEQA: Not a Project Recommended Action: Adopt 11. ADJOURNMENT The City Council will adjourn this meeting to Tuesday, September 16, 2025, at 6:00 p.m. in the City Council Conference Room. Welcome to the Arcadia City Council Meeting! The City Council encourages public participation, and invites you to share your views on City business. MEETINGS: Regular Meetings of the City Council are held on the first and third Tuesday of each month at 7:00 p.m. in City Council Chambers. A full City Council agenda packet with all backup information is available at City Hall, the Arcadia Library, and on the City’s website at www.ArcadiaCA.gov. Copies of individual Agenda Reports are available via email upon request (CityClerk@ArcadiaCA.gov). Documents distributed to a majority of the City Council after the posting of this agenda will be available for review at the Office of the City Clerk, 240 W. Huntington Drive, Arcadia, California. Live broadcasts and replays of the City Council Meetings are on cable television. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described. PUBLIC PARTICIPATION: Your participation is welcomed and invited at all City Council meetings. Time is reserved at each regular meeting for those in the audience who wish to address the City Council. The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks. Where possible, please submit a Speaker Card to the City Clerk prior to your comments, or simply come to the podium when the Mayor asks for those who wish to speak, and state your name and address (optional) for the record. Please provide the City Clerk with a copy of any written materials used in your address to the City Council as well as 10 copies of any printed materials you would like distributed to the City Council. The use of City equipment for presentations is not permitted. MATTERS NOT ON THE AGENDA should be presented during the time designated as “PUBLIC COMMENTS.” In general, each speaker will be given five (5) minutes to address the City Council; however, the Mayor, at his/her discretion, may shorten the speaking time limit to allow all speakers time to address the City Council. By State law, the City Council may not discuss or vote on items not on the agenda. The matter will automatically be referred to staff for appropriate action or response or will be placed on the agenda of a future meeting. MATTERS ON THE AGENDA should be addressed when the City Council considers that item. Please indicate the Agenda Item Numbers(s) on the Speaker Card. Your name will be called at the appropriate time and you may proceed with your presentation within the five (5) minute time frame. The Mayor, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the City Council. PUBLIC HEARINGS AND APPEALS are items scheduled for which public input is either required or desired. Separate and apart from the applicant (who may speak longer in the discretion of the City Council), speakers shall be limited to five (5) minutes per person. The Mayor, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the City Council. The applicant may additionally submit rebuttal comments. AGENDA ITEMS: The Agenda contains the regular order of business of the City Council. Items on the Agenda have generally been reviewed and investigated by the City Staff in advance of the meeting so that the City Council can be fully informed about a matter before making its decision. CONSENT CALENDAR: Items listed on the Consent Calendar are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion on these items unless a member of the City Council, Staff, or the public so requests. In this event, the item will be removed from the Consent Calendar and considered and acted on separately. DECORUM: While members of the public are free to level criticism of City policies and the action(s) or proposed action(s) of the City Council or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including but not limited to, conduct that prevents other members of the audience from being heard when it is their opportunity to speak or which prevents members of the audience from hearing or seeing the proceedings. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent threat of physical harm. All persons attending the meeting are expected to adhere to the City’s policy barring harassment based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, sexual orientation, or age. The Chief of Police, or such member or members of the Police Department, shall serve as the Sergeant-at-Arms of the City Council meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding official for the purpose of maintaining order and decorum at the meeting. Any person who violates the order and decorum of the meeting may be placed under arrest and such person may be prosecuted under the provisions of Penal Code Section 403 or applicable Arcadia Municipal Code section. 欢迎参加阿凯迪亚市议会会议! 市议会鼓励公众参与，并邀请您分享对城市管理的看法。 会议：市议会定期会议于每个月第一个和第三个星期二下午七时在市议会会议厅举行。在市政厅、阿凯迪亚图书馆和市政 府网站（www.ArcadiaCA.gov）可以找到包含所有相关信息的完整市议会议程。单独的议程报告可应请求通过电子邮件索 取（CityClerk@ArcadiaCA.gov）。至于在发布该议程后向市议会多数成员分发的文件，公众可在阿凯迪亚市书记官办公 室查阅，地址：240 W. Huntington Drive, Arcadia, California。市议会会议实况将通过有线电视进行现场直播和回放。如在 以往的通知中所提示，如果您参加这次公开会议，您的图像和/或声音可能被录下并播出。 公众参与：市议会欢迎并邀请您参加市议会的所有会议。在每次定期会议上都为那些希望在会上发言的市民留出时间。市 政府要求在市议会发言的人杜绝个人攻击、诽谤、亵渎或破坏性言论。如有可能，请在发表意见之前向市书记官提交一张 发言卡，亦可在市长宣布自由发言时直接上台发言，并说出您的姓名和地址（如果您愿意），以便制作会议记录。请向市 书记官提供一份您在发言中使用的任何书面材料，以及 10 份您希望分发给市议会的任何印刷材料。不允许把市政府设备 用于准备发言内容。 议程之外的事项应当在指定的“公众评议”时间提出。在一般情况下，每位发言者将有五（5）分钟时间向市议会 陈述意见，但市长可酌情缩短发言时限，以便让所有希望发言的人都有机会发言。根据州法，市议会不得讨论或表 决未列入议程的事项。此类事项将自动转给工作人员采取适当行动或作出回应，或将其列入未来会议的议程。 列入议程的事项应当在市议会审议该事项时讨论。请在发言卡上标明事项的议程编号。在适当的时间会叫到您的名 字，您可以在五（5）分钟时限内发言。市长可酌情缩短发言时限，以便让所有希望发言的人都有机会发言。 公开听证和上诉是为需要或希望征求公众意见的事项安排的日程。除申请人外（市议会可酌情决定延长申请人的发 言时间），每位发言人的发言不得超过五（5）分钟。市长可酌情缩短发言时限，以便让所有希望发言的人都有机 会发言。申请人还可以另外提交反驳意见。 议程事项：议程包含市议会的例行议题。一般而言，由市政府工作人员在会议前对议程中的事项进行审查和调查，以便市 议会在作出决定之前能够充分了解情况。 同意日历：在同意日历上列出的事项被市议会视为例行公事，并将通过一项动议采取行动。除非市议员、工作人员或公众 提出请求，否则不会对这些事项进行单独讨论。如果有人提出请求，该事项将从同意日历中删除，单独进行审议和采取行 动。 行为规范：尽管市民可对市政府的政策和市议会或其成员的行动或拟议行动自由地提出批评，但不得出现干扰会议正常秩 序的行为，包括但不限于在别人的发言时间内阻止别人发言，或妨碍公众听到发言内容或看到议程进展状况。市民亦不得 威胁进行身体伤害或以可能被合理理解为作出身体伤害紧迫威胁的方式行事。所有出席会议的人都必须遵守市政府的反骚 扰政策，禁止基于个人种族、宗教信仰、肤色、原国籍、祖籍、身体残障、疾病、婚姻状况、性别、性取向或年龄骚扰他 人。警察局长或警察局其他成员将担任维持市议会会议秩序的保安官。保安官将执行会议主持人的一切命令和指示，以维 持会议秩序和行为规范。对任何违反会议秩序和行为规范的人可执行拘捕，并可能根据《刑法典》第 403 条或《阿凯迪亚 市政法典》相关条款提出起诉。