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HomeMy WebLinkAbout26 - Committees & Policy A-6(1) TO: CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 26 November 27, 2012 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Clerk's Office Leilani I. Brown, City Clerk 949 - 644 -3005, [brown (a)newportbeach ca. gov PREPARED BY: Leilani I. Brown, City Clerk APPROVED: jNntt�, 0. TITLE: AMENDMENTS TO VARIOUS CITY COMMITTEES AND CITY COUNCIL POLICY A -6 (OPEN MEETING POLICIES) ABSTRACT: On September 25, 2012, the City Council adopted Resolution No. 2012 -89 establishing the Task Force on Committees ( "Task Force "). The Task Force was charged by the City Council to review the roles, responsibilities, and appointment processes of various City boards, commissions and committees. Since its formation, the Task Force has diligently worked to craft new ideas to improve existing committees' structures, roles, and duties. Based upon this work, the Task Force recommends extending the term of the City Council Committee on Tidelands Management, and amending the Coastal /Bay Water Quality Citizens Advisory Committee ( "Water Quality "), the Environmental Quality Affairs Citizens Advisory Committee ( "EQAC "), and disestablishing the Special Events Advisory Committee ( "SEAC "). The Task Force's work is on -going and, in the future, it anticipates bringing more recommendations to the City Council for its consideration, including possible revisions to the Harbor Commission. Further, City Council Policy A -6 (Open Meeting Policies) will need to be amended to reflect pending changes in the City Charter regarding the schedule and location of regular City Council meetings, and to add correspondence submission requirements. RECOMMENDATIONS: a) Adopt Resolution No. 2012 -114 extending the term of the City Council Committee on Tidelands Management. b) Adopt Resolution No. 2012 -115 amending the Coastal /Bay Water Quality Advisory Committee and reestablishing it as the Water Quality /Coastal Tidelands Management Committee. 1 Amendments to Various City Committees and City Council Policy A -6 November 27, 2012 Page 2 c) Adopt Resolution No. 2012 -116 amending the Environmental Quality Affairs Citizens Advisory Committee and reestablishing it as the Environmental Quality Affairs Committee. d) Adopt Resolution No. 2012 -117 disestablishing the Special Events Advisory Committee. e) Adopt Resolution No. 2012 -118 amending City Council Policy A -6 (Open Meeting Policies). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The Task Force is comprised of Mayor Nancy Gardner, Council Member Mike Henn, and Council Member Ed Selich. The Task Force was charged, in part, with reviewing roles and responsibilities of various City boards, commissions and committees, and reviewing appointment processes, member terms, chairmanships, regularity and location of meetings. The Task Force has completed its review of Water Quality, EQAC and SEAC, and makes the recommendations provided below. Committees City Council Committee on Tidelands Management and Coastal /Bay Water Quality Citizens Advisory Committee: The Task Force is proposing to amend the Coastal /Bay Water Quality Citizens Advisory Committee and reestablish it as the Water Quality /Coastal Tidelands Management Committee. The new committee would take up some of the work currently conducted by the City Council Committee on Tidelands Management, which is due to sunset on December 31, 2012. However, since the City Council Committee on Tidelands Management's work is not complete, the Task Force is recommending extending their term until March 31, 2013. This extension is reflected in Resolution No. 2012 -115 (Attachment A). The Water Quality /Coastal Tidelands Management Committee would be comprised of seven members appointed by the City Council and two non - voting Council Members appointed by the Mayor, subject to confirmation by the City Council. The Mayor will also appoint one of the two non - voting Council Members as the Chair of the committee. All appointments will occur in January. The seven members appointed by the City Council would serve a four -year term with a limit of two consecutive terms. The two non - voting Council Members would each serve a one -year term. The committee's focus would be to improve and preserve the Newport Beach coastline and Newport Bay as a resource for recreational use and as healthy habitats. The committee would be subject to the open meeting laws of the Ralph M. Brown Act. 2 Amendments to Various City Committees and City Council Policy A -6 November 27, 2012 Page 3 The proposed changes in membership and purpose /responsibilities from the Coastal /Bay Water Quality Citizens Advisory Committee to the Water Quality /Coastal Tidelands Management Committee are reflected in Resolution No. 2012 -116 (Attachment B). Environmental Quality Affairs Citizens Advisory Committee: The Task Force is proposing to amend the Environmental Quality Affairs Citizens Advisory Committee and to reestablish it as the Environmental Quality Affairs Committee. The Environmental Quality Affairs Committee would consist of seven members from various geographical areas of the City appointed by the City Council and two non - voting Council Members appointed by the Mayor, subject to confirmation by the City Council. The Mayor will also appoint one of the two non - voting Council Members as the Chair of the committee. All appointments will occur in January. The seven members appointed by the City Council would serve a four -year term with a limit of two consecutive terms. The two non - voting Council Members would each serve a one -year term. The committee will meet as needed to consider issues referred to the Committee by the City Council. The committee would be subject to the open meeting laws of the Ralph M. Brown Act. The change from the Environmental Quality Affairs Citizens Advisory Committee to the Environmental Quality Affairs Committee is reflected in Resolution No. 2012 -117 (Attachment C). Special Events Advisory Committee (SEAC): The Task Force is proposing to disestablish SEAC; however, in its absence, staff will conduct the initial application review process and hear presentations. Staff recommendations will then be presented to the Finance Committee who will make recommendations to the City Council. The applications will be considered by category (e.g., charity, athletic, community, etc.). The proposed disestablishment of SEAC can be memorialized with the approval of Resolution No. 2012 -118 (Attachment D). City Council Policy A -6 (Open Meeting Policies) The first City Council meeting at the new Civic Center will be held on December 11, 2012, and Charter Section 407 (Regular Meetings) and Charter Section 409 (Place of Meetings) were approved with the passage of Measure EE (Various Charter Amendments) at the November 6, 2012 General Municipal Election. Charter Section 407 states, in part, that the City Council will conduct two meetings per month except in the months of August and December when there shall be at least one regular meeting in August and one regular meeting in December. Charter Section 409 states, in part, that all regular meetings shall be held in the Council Chambers of the City Hall. 3 Amendments to Various City Committees and City Council Policy A -6 November 27, 2012 Page 4 City Council Policy A -6 currently indicates that the Council Chambers' address is 3300 Newport Boulevard in the City of Newport Beach, but will need to be amended to reflect that the meetings shall be held in a location allowed by the Charter. Both Charter Sections will go into effect as soon as the amended Charter Sections are filed with the Secretary of State sometime in December 2012. In addition, City Council Policy A -6 discusses the submission of correspondence to the City Council for meetings. To allow the City Council adequate time to review and consider submissions, written communications shall now be submitted to the City Council by 5:00 p.m. on the Monday immediately prior to the meeting. Due to the aforementioned amendments, City Council Policy A -6 requires amendments to reflect the change in City Council regular meeting locations and regular meeting schedule, and deadline for submitting correspondence. The amendment to City Council Policy A -6 is reflected in Resolution No. 2012 -119 (Attachment E). 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. IIWE0WIJNIS 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). Submitted by: �* �, Leilani I. Brown City Clerk Attachments: A. Resolution No. 2012 -114 (City Council Committee on Tidelands Management) B. Resolution No. 2012 -115 (Water Quality) C. Resolution No. 2012 -116 (EQAC) D. Resolution No. 2012 -117 (SEAC) E. Resolution No. 2012 -118 (City Council Policy A -6) N ATTACHMENTA RESOLUTION 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH EXTENDING THE TERM OF THE CITY COUNCIL COMMITTEE ON TIDELANDS MANAGEMENT WHEREAS, on March 8, 2011, the City Council of the City of Newport Beach adopted Resolution No. 2011 -26 establishing the City Council Committee on Tidelands Management ( "Committee "); WHEREAS, the City Council charged the Committee with establishing a long term vision for the tidelands, including the upper bay, lower bay, beaches and other major components; WHEREAS, on June 12, 2012, the City Council adopted Resolution No. 2012 -44 expanding the membership of the Citizens Advisory Panel from five members to eight; and WHEREAS, the important work of the Committee is not yet completed and would benefit from a short term extension. NOW, THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The term of the City Council Committee on Tidelands Management shall be extended to March 31, 2013 as provided in the attachment to this resolution, which is incorporated by reference. Section 2: The City Council hereby repeals all previous resolutions, or portions thereof, related to the City Council Committee on Tidelands Management that are in conflict with this resolution. Section 3: 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. 5 Section 4: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 27th day of November, 2012. Nancy Gardner Mayor ATTEST: Leilani I. Brown City Clerk Exhibit: Tidelands Management Committee Sheet (Amendment shown in strike -out) D Exhibit 1 CITY COUNCIL COMMITTEE ON TIDELANDS MANAGEMENT AUTHORIZATION: Established by Resolution No. 2011- 26 adopted on March 8, 2011. Amended by Resolution No. 2012 -44 adopted June 12, 2012. Amended by Resolution No. 2012 -_ adopted November 27. 2012. MEMBERSHIP: Three members of the City Council, appointed by the Mayor and ratified by the City Council. The Mayor shall identify the chair of the Committee. City staff support shall come from the City Manager's Office, and the City Attorney's Office. TERM: Term ends DeGem"^•" 2944' March 31, 2013. MEETS: As called by the chairperson. PURPOSE & RESPONSIBILITIES: The Committee shall: A. Establish long term visions for the major tidelands components, including the upper bay, lower bay, beaches and other major components. B. To establish a fee structure reflective of a modern harbor, where fair market value is obtained and applied to proper leases (in the case of commercial activities); C. To study and adopt a Tidelands Infrastructure Master Plan (TIMP); D. To research, consider, and recommend appropriate governance structures; and E. To oversee ongoing execution of the Tidelands Infrastructure Master Plan projects. F. Identify and establish a Citizens Advisory Panel (CAP) to assist the Committee, encouraging public input throughout the process. The CAP may be different for each specific area. Meetings of the Committee that involve the CAP shall be noticed, open to the public, and shall be Collaborative with all persons attending the meeting and contributing in a positive way. RECOMMENDED IMPLEMENTATION STEPS: The Committee shall generally be guided by these Implementation Steps, which were reviewed by the City Council on February 22, 2011: 7 1. Review existing General Plan policies, the Harbor Area Management Plan (HAMP), and other relevant existing documents, and finalize a vision for the ultimate goals of the management process for each of the major Tidelands components. 2. Fee and revenue issues: a. Review and finalize for recommendation to the Council as a whole, an action plan to maximize the productivity of the City's oil reserves in the most economically and environmentally advantageous manner; b. Update fees to modern schedules with modern methodologies: i. Complete the appraisal for Lido Marina Village's marina facilities; ii. Hire consultant with tidelands lease expertise to review and implement appropriate fee arrangements for all major tidelands use classifications (commercial permittees over tidelands, commercial permittees where permittees control uplands, and more); c. Determine a strategy to maximize the participation of the federal government and other governmental agencies and private stakeholders in the funding burdens associated with the Tidelands Infrastructure Master Plan. 3. Tidelands Infrastructure Master Plan. Using the Harbor Area Management Plan (HAMP) and other resources, develop a Tidelands Infrastructure Master Plan identifying projects, timing, and costs associated with items like: a. Dredging (Lower Newport Bay, Newport Slough, Newport Island, Upper Newport Bay [in 20 years], more); b. Beach replenishment (ocean beaches, in -bay beaches, more); c. Habitat protection and restoration (eelgrass, habitat restoration such as John Wayne Gulch, Santa Isabel Channel); d. Sea level rise (sea walls - private and public, street ends, ocean beach infrastructure, more); e. Harbor amenities (mooring support services areas, public docks, more); f. Water quality (selenium removal upstream and in Big Canyon wash, bacteria, trash booms, etc); and 17 g. Harbor services (law enforcement, Harbor Resources Division, more). 4. Re- examine and update fee structure based on Tidelands Facilities Master Plan needs; 5. Recommend and implement a long -term governance and/ or fund structure to ensure that: a. All tidelands are managed appropriately and reflective of the City's obligations under the tidelands trust; and b. Tidelands revenue appropriately covers tidelands expenses into the future. 6. Depending upon the area of interest and the prioritization, select a Citizens Advisory Panel (CAP) of up to eight (8) people specifically invited to attend Committee meetings and to provide their expertise on key subject areas, including but not limited to tidelands uses, harbor activities, oil field operations, water quality, governance structures, capital program development, and more. The advisory panel may change depending on the Committee's specific focus at any one time. 9 ATTACHMENT B RESOLUTION NO. 2012 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE COASTAL /BAY WATER QUALITY CITIZENS ADVISORY COMMITTEE WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended, the City of Newport Beach ( "City ") acts on behalf of the State of California as the trustee of tidelands located within the City's limits, including Newport Harbor; WHEREAS, the City has a diverse array of scenic and biological coastal resources, including, but not limited to, a small craft harbor, eight islands, sandy beach coast line and an upper bay ecological preserve; WHEREAS, the preservation and protection of the City's coastal resources is of the utmost importance to the economic vitality of the City's businesses and the health of the community; WHEREAS, the City has a long history of protecting the water quality of the harbor and ocean through the work of the Coastal /Bay Water Quality Citizens Advisory Committee and the Harbor Quality Citizens Advisory Committee before that; and WHEREAS, the City desires to amend the Coastal /Bay Water Quality Citizens Advisory Committee to increase City Council member, resident, and interested party participation and reaffirm its commitment to preserve and protect the environment and water quality. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby changes the name of the Coastal /Bay Water Quality Citizens Advisory Committee to the Water Quality /Coastal Tidelands Committee and provides it with the terms and responsibilities included in Exhibit 1, which is attached hereto and incorporated by reference. Section 2: The City Council hereby repeals all previous resolutions, or portions thereof, related to the Coastal /Bay Water Quality Citizens Advisory Committee that are in conflict with this resolution. 10 Section 3: 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. Section 4: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 27th day of November, 2012. Nancy Gardner, Mayor ATTEST: Leilani I. Brown, City Clerk Exhibit: Water Quality /Coastal Tidelands Committee Sheet 11 Exhibit 1 WATER QUALITY /COASTAL TIDELANDS COMMITTEE AUTHORIZATION: Established by Resolution No. 2012 - adopted on November 27, 2012. MEMBERSHIP: Seven members appointed by the City Council and two non- voting council members appointed by the mayor, confirmed by the City Council. The mayor will also appoint one of the two non - voting council members for an annual term as Chair of the committee. TERM: The seven members appointed by the City Council shall serve a four year term, with a limit of two consecutive terms. Council member appointees shall serve a one year term. Appointments shall occur in January. MEETINGS: Meetings shall occur at a regular time and place as called by the Chair. BROWN ACT: This committee shall be subject to the Ralph M. Brown Act, or any successor regulation. PURPOSE & RESPONSIBILITIES: It shall be the duty of the Water Quality /Coastal Tidelands Committee to: A. Advise and make recommendations to the City Council on policies, projects and programs that support and /or strengthen existing regulations to protect water quality and habitat in the bay and ocean; B. Advise and make recommendations to the City Council on policies, programs and projects that improve the water quality and habitat of Newport Bay and the ocean; C. Advise the City Council on implementation of the Tidelands Infrastructure Capital Plan in the following areas: 12 1. Sea level rise as it affects ocean beaches. 2. Ocean beach sand replenishment. 3. Other capital projects affecting the ocean beaches and tidelands not covered by other committees; D. Advise and make recommendations to the City Council on policies, programs and projects that educate the watershed's population about the value of Newport Bay and the ocean; and E. Advise on any matter referred to the Water Quality /Coastal Tidelands Committee by the City Council or City Manager. 13 ATTACHMENT C RESOLUTION NO. 2012 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE WHEREAS, the City of Newport Beach ( "City ") seeks to protect and enhance the natural environment to maintain and improve the health and enjoyment of residents and visitors; WHEREAS, the City Council previously established the Environmental Quality Affairs Citizens Advisory Committee and charged it with advising the City Council on environmental issues; and WHEREAS, the City desires to amend the Environmental Quality Affairs Citizens Advisory Committee to increase City Council member, resident, and interested party participation and reaffirm the City's commitment to protecting and enhancing the environment. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby changes the name of the Environmental Quality Affairs Citizens Advisory Committee to the Environmental Quality Affairs Committee and provides it with the terms and responsibilities included in Exhibit 1, which is attached hereto and incorporated by reference. Section 2: The City Council hereby repeals all previous resolutions, or portions thereof, related to the Environmental Quality Affairs Citizens Advisory Committee that are in conflict with this resolution. Section 3: 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. 14 Section 4: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 27th day of November, 2012. Nancy Gardner, Mayor ATTEST: Leilani I. Brown, City Clerk Exhibit: Environmental Quality Affairs Committee Sheet 15 Exhibit 1 ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE AUTHORIZATION: Established by Resolution No. 2012 - adopted on November 27, 2012. MEMBERSHIP: Seven members appointed by the City Council reflecting geographical diversity within the City, and two non - voting Council Members appointed by the Mayor, confirmed by the City Council. The Mayor will also appoint one of the two non - voting Council Members for an annual term as Chair of the Committee. TERM: The seven members appointed by the City Council shall serve a four year term, with a limit of two consecutive terms. Council Member appointees shall serve a one year term. Appointments shall occur in January. MEETINGS: Meetings shall occur at a regular time and place as called by the Chair. BROWN ACT: This Committee shall be subject to the Ralph M. Brown Act, or any successor regulation. PURPOSE & RESPONSIBILITIES: It shall be the duty of the Environmental Quality Affairs Committee to: A. Advise the City Council on policies, programs and projects that improve or detract from the environmental quality of the City, as requested by the City Council; B. Comment on Notices of Preparation, as requested by the City Council; and C. Advise on any matter referred to the Environmental Quality Affairs Committee by the City Council or City Manager. 16 ATTACHMENT D RESOLUTION NO. 2012 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DISESTABLISHING THE SPECIAL EVENTS ADVISORY COMMITTEE WHEREAS, the City of Newport Beach ( "City ") annually receives applications from local non - profit and civic oriented groups seeking financial assistance; WHEREAS, the City Council established the Special Events Advisory Committee to assist the City Council with reviewing the various applications submitted to the City; WHEREAS, the City Council appreciates and values the commitment and recommendations made by the Special Events Advisory Committee; and WHEREAS, the City Council desires to streamline the application review and award process by allowing applications to be processed directly by the City Council with the assistance of the Finance Committee and City staff. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby disestablishes the Special Events Advisory Committee and repeals all previous resolutions related to the Special Events Advisory Committee including Resolution Nos. 2012 -20, 2011 -32 and 2009 -22. Section 2: The City Manager shall create an administrative procedure for the submittal and review of grant/funding applications. The process shall include different categories of events (e.g., charity, athletic, community, etc.) and applications shall be reviewed within their category. Staff shall conduct initial review of applications and shall make recommendations to the Finance Committee. The Finance Committee shall review and revise, as necessary, staff's recommendations and present its recommendations to the City Council. The City Council shall have final decision making authority on any application. Section 3: 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. 17 Section 4: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 27th day of November, 2012. Nancy Gardner, Mayor ATTEST: Leilani I. Brown, City Clerk Wi ATTACHMENT E RESOLUTION 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING COUNCIL POLICY A -6 RELATING TO CITY COUNCIL MEETINGS WHEREAS, Charter Section 409 requires regular meetings of the City Council to be held in the Council Chambers at City Hall; WHEREAS, Council Policy A -6 specifies that regular City Council meetings are to be held in the Council Chambers located at 3300 Newport Boulevard in the City of Newport Beach ( "City "); WHEREAS, the City of Newport Beach is in the process of moving to a new City Hall and Council Chambers location as required by Charter Section 425; WHEREAS, Council Policy A -6 requires the City Council to hold two regular meetings each month, except in the month of December; WHEREAS, the voters recently approved an amendment to Charter Section 407, which will be effective when filed with the Secretary of State, granting the City Council flexibility in its meeting schedule for the months of August and December; and WHEREAS, the City recognizes the value and importance of written correspondence that is submitted to the City Council for consideration prior to a meeting and desires to ensure correspondence is submitted to allow adequate time for City Council consideration. NOW, THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: City Council Policy A -6 (Open Meeting Policies) shall be amended as shown in the redline policy attached hereto and incorporated by reference. Section 2: The City Council hereby repeals all previous resolutions, or portions thereof, related to City Council Policy A -6 that are in conflict with this resolution. Section 3: 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. 19 Section 4: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 27`h day of November, 2012. Nancy Gardner Mayor ATTEST: Leilani I. Brown City Clerk Exhibit: Council Policy A -6 (Amendment shown in strike -out) 20 Exhibit 1 A -6 OPEN MEETING POLICIES PURPOSE The Newport Beach City Council and certain Boards, Commissions and Committees are required to comply with the Ralph M. Brown Act (Brown Act). The Brown Act requires public entities to deliberate and take action, in open session. The City Council has adopted these rules to ensure compliance with the Brown Act and to promote full citizen participation in the discussions and decisions of their elected and appointed representatives. POLICY A. Regular Meetings. The City Council shall hold regular meetings on the second and fourth Tuesdays of each month except in December and August when there shall be at least one regular meeting oi4y meeting ivil �held on the second Tuesday. The meetings shall be held in a location allowed by the Charter. the Ceuneil .-w ....r.,._,. of . The regular meeting shall begin at 4:00 p.m., or as otherwise scheduled due to the demand of business, for Study Session, Closed Session to follow immediately thereafter, recess after Closed Session, and reconvene at 7:00 p.m. The December meeting of even - numbered years shall begin at 4:00 p.m., or as otherwise scheduled due to the demand of business, without reconvening at 7:00 p.m. The City Council may hold a regular meeting, special meeting, or adjourned regular or special meeting at another location within the City, or locations outside the jurisdiction of the City provided appropriate notice is given pursuant to, and the location of the meeting is consistent with, the Brown Act. When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hours on the following business day. B. All regular, special and adjourned meetings of the City Council, Boards, Commissions, and Committees created by the Charter or formal action of the City Council and which have continuing subject matter jurisdiction shall be called, noticed and conducted in compliance with the Brown Act. C. Regular City Council Meeting Agenda. 1. Staff shall provide the City Clerk with the title and recommendation of all items to be placed on a regular Council meeting agenda no later than 5:00 p.m. two Fridays before the next regular City Council meeting. The City Clerk shall prepare the regular meeting agenda of all such matters under the direction of the City Manager. This agenda shall be delivered to the City 1 21 W. Council Members on the - Thursday preceding the Tuesday Council meeting to which it pertains. The agenda and staff reports will be available for the public and media in the Office of the City Clerk and shall be posted on the City's public website no later than 3:30 p.m. on the - Friday preceding the meeting. 2. Members of the City Council may place items on the agenda for discussion by submitting a title or topic sufficient to satisfy the requirements of the Brown Act on or before 5:00 p.m. on the Tuesday preceding the meeting at which the item is to be discussed. 3. The regular meeting agenda shall contain a brief description of each item of business to be transacted or discussed and a statement that members of the public may offer testimony as to any matter on the agenda and may speak on non - agenda items during the public comment section of the agenda. The agenda shall be posted on the bulletin board outside the main entrance of City Hall, at least 72 hours before each regular meeting, and the City Clerk shall maintain records of the name of the person posting the agenda, and the date and time of posting. 4. As a general rule, members of the City Council will ask that a matter be scheduled for a report and /or discussion prior to requesting the matter be placed on the agenda for action. However, the Council may, given appropriate circumstances, vote to place a matter on a future regular meeting agenda for action without prior discussion or report. CLOSED SESSION AGENDA The closed session agenda shall be prepared by the City Attorney. The closed session agenda shall strictly conform to the format specified in the Brown Act. The City Attorney shall prepare a written report, or give an oral report, of any action taken in closed session that is required to be reported in open session by the Brown Act. The City Clerk is authorized to open and examine all mail or other written communications addressed to the City Council and to immediately give a copy to the City Manager. The City Manager shall give immediate attention to administrative business referred to in the communication that does not require Council action and may be promptly concluded or shall prepare a staff report for the next available Council meeting. Except as otherwise required by law, all mail or written communications from the public /residents /applicants shall be submitted to the City Council by 5:00 p.m. on the Monday immediately prior to the meeting 2 22 W. at which the City Council will consider the item that is the subject of the mail or written communications to allow time for the City Council to adequately consider the mail or written communications. ORDER OF BUSINESS The agenda for regular meetings of the City Council shall contain the following items in the order listed: Study Session Public comments re Study Session and Closed Session Closed Session - After Study Session - Council Chambers Conference Room Recess Reconvene at 7:00 p.m. for Regular Meeting Roll Call Closed Session Report Pledge of Allegiance Invocation Presentations Notice to the Public City Council Announcements or Matters Which Council Members Would Like Placed on a Future Agenda for Discussion, Action or Report (Non- discussion Item) Consent Calendar: A. Reading of Minutes /Ordinances and Resolutions B. Ordinances for Introduction C. Ordinances for Adoption D. Resolutions for Adoption 23 W. E. Contracts and Agreements F. Miscellaneous (for example: Planning Commission Agendas, budget amendments, and permit applications) Items Removed from the Consent Calendar Public Comments on Non - Agenda Items Oral Reports from City Council on Committee Activities Public Hearings Continued Business Current Business Motion for Reconsideration Continued Closed Session, if necessary (report if applicable) Adjournment The order of business shall not be changed except by majority vote of the City Council. PREPARATION OF MINUTES The City Clerk shall have the exclusive responsibility for preparation of the minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council. READING OF MINUTES Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, such minutes may be approved without reading if the City Clerk previously furnished each Council Member and the public binder and website with a copy. Adopted - November 13,1967 Amended - March 28,1994 Amended - June 13,1977 Amended - June 27,1994 Amended - October 25,1977 Amended - December 12,1994 0 24 Exhibit 1 Amended - February 9,1981 Amended - February 26,1996 Amended - December 9,1996 Amended - May 26,1998 Amended - November 8,1999 (eff.1/1/2000) Amended - March 14, 2000 Amended - February 27, 2001 Amended - March 27, 2001 Amended - August 28, 2001 Amended - January 27, 2004 Amended - March 9, 2004 Amended - March 28, 2006 Amended - February 26, 2008 Amended - October 27, 2009 Amended - December 6, 2010 Amended - February 22, 2011 Amended - November 27, 2012 (All- 00138]- A- 06- ^^, -'. ". "Redline 11.19.12 I:M 25