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City Council Staff Report
January 24, 2017
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave Kiff, City Manager - 949-644-3001,
dkiff@newportbeachca.gov
PREPARED BY: Dave Kiff and Tara Finnigan
PHONE: 949-644-3035
TITLE: Filming Planning Commission Meetings; Amendment to Council
Policy A-13
ABSTRACT:
This item asks the City Council to reconsider a February 23, 2016 decision related to the
potential filming (taping for later web -streaming) of Planning Commission meetings on the
City of Newport Beach's (City) website, and on Newport Beach Television (NBTV) on a
tape -delayed basis (time permitting). Staff has received a proposed cost for providing that
service from the City's NBTV contractor, Newport Beach & Company, and is seeking the
City Council's direction as to whether the City should provide funding for filming Planning
Commission meetings.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Direct staff as to whether Planning Commission meetings should be filmed and
available for viewing through the City's website; and
c) Consider an amendment to City Council Policy A-13 regarding commissioner conduct
at taped Planning Commission meetings.
FUNDING REQUIREMENTS:
The service could be incorporated into the existing NBTV professional services
agreement or negotiated into a future agreement. The current adopted budget includes
sufficient funding for providing the service. It would be expensed to the Public Information
Division's professional service account in the City Manager's Office.
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DISCUSSION:
Background
On February 23, 2016, the City Council discussed the televising of Planning Commission
meetings. The City Council weighed the cost of doing so, along with wondering whether
the decorum, pacing, and quality of the Planning Commission meetings may change as
a result of filming. In the end, the City Council voted 4-2 (Mr. Curry absent) to not move
forward with filming Planning Commission meetings at that time.
Mayor Muldoon and others have asked that the City Council consider whether it would be
appropriate to tape/film the Planning Commission meetings for later web -streaming on
the City's website.
NBTV is available to Newport Beach Time Warner Cable customers on channel 3, Cox
Communications customers on channel 852 and is live streamed through the City's
website at www.newportbeachca.gov/nbtv. The City has traditionally used the channel to
broadcast City Council meetings, some original programming and a community bulletin
board. City Council meetings and most programs are saved and available for replay
through the City's website.
Planning Commission Meetings
The Planning Commission generally meets twice per month on the Thursdays preceding
City Council meetings. There are some occasions; however, when the commission meets
one time during a month due to a lack of items to be considered. The meetings last, on
average, about 90 minutes but can be shorter or longer in length due to a meeting's
agenda topics. Planning Commission meetings are not currently broadcast on NBTV or
recorded for replay via the City's website.
Proposed Cost to Film Planning Commission Meetings
Newport Beach & Company, which is under contract to provide filming services like this,
developed a rough cost estimate in 2016 for filming Planning Commission meetings. It
should be noted that Newport Beach & Company provided a conservative cost estimate
based on filming 24, three-hour meetings annually. The estimated cost is about $4,000
per year, though this amount is still subject to negotiation with Newport Beach &
Company. If the Planning Commission meetings continue to average about 90 minutes
in length, the annual cost would, of course, be lower.
If the City Council wishes to pursue this, staff will work with Newport Beach & Company
to tape the Planning Commission meetings for later web -streaming on the City's website.
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The previous City Council expressed concerns that the pacing and tone of the Planning
Commission's meetings could change if filming occurred. Council Members also
expressed concerns there could be a tendency for Planning Commissioners to speak less
concisely/directly to the audience if the meetings were filmed. Finally, when this was
considered previously, Council Members wondered whether the change in tone would
impair the role of the Planning Commission as an appellate body for certain land -use
decisions.
If the City Council decides to move forward with filming Planning Commission meetings,
the City Council may wish to consider whether an amendment to Council Policy A-13 (as
suggested in the underlined section of Attachment A) could help in remedying these
concerns.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A - Council Policy A-13 (as proposed to be amended — amendment in
underline)
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Council Policy A-13
DECORUM AND ORDER FOR
CITY COMMISSIONS, COMMITTEES AND BOARDS
PURPOSE
To establish a policy of the City Council that governs the actions and deliberations of City
commissions, committees and boards so that their public deliberations and actions be
conducted in an atmosphere free from personal animosity and hostility.
POLICY
Each member of all City commissions, committees and boards has the duty to:
A. Respect and adhere to the American ideals of government, rule of law, principles of
public administration and high ethical conduct in the performance of public duties.
B. Represent and work for the common good of the City and not for any private interest.
C. Refuse to accept gifts of favors or promises of future benefits which might compromise
or tend to impair independent judgment or action.
D. Provide fair and equal treatment for all persons and matters coming before the
commission, committee or board.
E. Learn and study the background and purpose of important items of business before
voting.
F. Faithfully perform all duties of office.
G. Refrain from disclosing any information received confidentially concerning the
business of the City or received during any closed session of the commission,
committee or board held pursuant to state law.
H. Decline any employment incompatible with public duty.
I. Refrain from abusive conduct, personal charges or verbal attacks upon the character,
motives, ethics or morals of other members of the commission, committee or board,
City staff, or the public, or other personal comments not germane to the issues before
the body. Members are to be tolerant of all views expressed at public meetings.
J. Listen courteously and attentively to all public discussions at commission, committee
or board meetings and avoid interrupting other speakers, including other members
except as permitted by established Rules of Order.
K. Faithfully attend all sessions of the commission, committee or board unless unable to
do so for some compelling reason or disability.
L. Maintain the highest standards of public conduct by refusing to condone breaches of
public conduct by refusing to condone breaches of public trust or improper attempts
to influence legislation.
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M. Especially in regards to filmed meetings, and where an agenda item may later be
appealed to another body or involve an appeal of another decision, be cognizant of
the need to serve in a adjudicatory role and to be direct and concise in one's
comments. without arandstandina or ooeratina in a manner which may oreiudice the
rights of the parties.
MINUTES
Written minutes, upon approval of the commission, committee or board, constitute the
official record of its activities. Minutes will be prepared for all meetings by City support
staff and distributed to the entire member body for review prior to official approval.
Additions or corrections to the minutes are made at public meetings upon official
commission or board approval. Member requests for inclusion on the record of a specific
action or comment shall be recorded at the next publicly -noticed meeting.
CONFLICT OF INTEREST
No member of any board or commission created by the City Charter shall, at the time of
appointment or during the term of office, hold a position or office in another entity or
organization which imposes or creates a fiduciary duty or decision-making authority with
respect to any subject matter that is within, or related to, the jurisdiction of the board or
commission as specified by the City Charter or any ordinance adopted by the City Council.
BROWN ACT
To ensure the public is informed about official actions of public organizations, the Brown
Act specifies the requirements for noticing regular and special public meetings. The Ralph
M. Brown Act states in the strongest terms the necessity for open public meetings:
"In enacting this chapter, the legislature finds and declares that the public commissions,
boards and councils, and 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."
"The people of this State do not yield their sovereignty to the agencies which serve them.
The people, in delegating authority, do not give their public servants the right to decide
what is good for the people to know and what is not good for them to know.
The people insist on remaining informed so that they may retain control over the
instruments they have created." (Government Code, Title 5, § 54950.)
The provisions of the Brown Act are not intended to apply to meetings of less than a
quorum of the body, nor to social gatherings where no action is taken or commitment
made related to City affairs.
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APPLICATION PROCEDURES
All persons applying for a position on a City commission, committee or board shall receive
a copy of the Council Policy on decorum and order. Applicants should carefully study the
policy since commission, committee and board members are required to adhere to this
policy if appointed. Upon taking the oath of office, member appointees will agree to abide
by these rules of decorum and order. Once appointed, if a committee, commission or
board member cannot abide by these provisions, he or she should submit a letter of
resignation or be removed from office by action of the Mayor and City Council.
CONCLUSION
Actions of commissions, boards and committees have significant impact on the residents
of Newport Beach. Public participation in the democratic process is strongly supported
and actively encouraged by the Mayor and City Council. Adherence to this policy will
encourage broad public participation while ensuring meetings are conducted in the most
professional and courteous manner possible.
Adopted - May 28,1996
As proposed to be Amended — January 24, 2017
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