HomeMy WebLinkAbout17 - Council Policy A-6• CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 17
March 9, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Clerk's Office
LaVonne M. Harkless, City Clerk
949 - 644 -3005, Iharkless @city.newport- beach.ca.us
SUBJECT: REVISIONS TO COUNCIL POLICY A -6, "OPEN MEETING POLICIES" AS
IT PERTAINS TO THE ORDER OF BUSINESS FOR COUNCIL
MEETINGS
RECOMMENDATION:
Approve the revisions to Council Policy A -6.
DISCUSSION:
Background:
At the Regular Meeting of January 27, 2004, the City Council considered changes to Council
Policies A -6 and A -10 pertaining to the order of business and the time limit for comments on
Consent Calendar items. Following a discussion of the issues, the Council voted to approve the
recommended changes to the order of business as outlined in Council Policy A -6. Subsequent
to that approval and the implementation of the new order of business, on February 24, 2004, the
Council directed staff to revise Council Policy A -6 by moving the dispensation of items removed
from the Consent Calendar to the end of the agenda. The proposed change reflects that the
items removed from the Consent Calendar for discussion will be heard after "Current Business"
and prior to "Motions for Reconsideration ". Those changes are reflected in the attached policy
through the use of "redlines" & "strikeouts ".
If approved, the changes will be reflected on the Council agenda beginning with the March 23,
2004 meeting.
Environmental Review: Not applicable
Submitted by:
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LaVonne M. Harkless, City Clerk
• Attachment: Draft Policy A -6
OPEN MEETING POLICIES
PURPOSE
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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 when the only meeting
will be held on the second Tuesday. The meetings shall be held in the Council
Chambers of the City Hall, 3300 Newport Boulevard in the City of Newport
Beach. The regular meeting shall begin at 4:00 p.m. for Study Session, Closed
Session to follow immediately thereafter, recess after the report of Closed Session
items, and reconvene 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. on two Fridays before the next regular City Council meeting. The
City Clerk shall prepare this regular meeting agenda of all such matters
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under the direction of the City Manager. This agenda shall be delivered to
the City Council Members on the Wednesday preceding the Tuesday
Council meeting to which it pertains. The agenda and staff reports will be
available for the public and media at the office of the City Clerk in no
event later than 8:30 a.m. on the Thursday preceding the meeting, except
for supplemental agenda items which will be available in no event later
than 5:00 p.m. on the Friday preceding the meeting. The City Clerk shall
insure delivery of all supplemental staff reports to the Central Library
before close of business on Friday.
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 Thursday
preceding the meeting at which the item is to be discussed. These items
will appear under the section of the agenda titled, "Matters which Council
members would like placed on a future agenda for discussion, action, or
report (non- discussion item)." The City Manager shall prepare a
supplemental agenda listing all discussion items if the discussion item was
received after the cutoff time for the regular meeting agenda.
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 regular and supplemental 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.
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CLOSED SESSION AGENDA
The closed session agenda shall be prepared and posted 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
and that report shall be available for inspection and /or copying at the meeting during
which the closed session is held.
COUNCIL CORRESPONDENCE
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.
ORDER OF BUSINESS 0
The agenda for regular meetings of the City Council shall contain the following items in
the order listed:
Study Session;
Closed Session - [Refer to separate agenda from City Attorney];
Recess;
Reconvene at 7:00 p.m. for Regular Meeting;
Roll Call;
Closed Session Report (if applicable);
Pledge of Allegiance;
Invocation;
Special Presentations (if any); 0
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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 items which shall include:
A. Reading of Minutes/ Ordinances and Resolutions
B. Ordinances for introduction;
C. Ordinances for adoption,
D. Resolutions for adoption;
E. Contracts and agreements;
F. Miscellaneous actions (For example: budget amendments;
acceptance of public works projects; and permit applications);
Public Hearings;
0 Public Comments;
Oral Reports from City Council on committee activities;
Planning Commission Agenda and Oral Status Report;
Continued Business,
Current Business;
Disposition of Items Removed from the Consent Calendar;
Motion for Reconsideration;
Continued Closed Session, if necessary (report if applicable); and
Adjournment.
The order of business shall not be changed except by majority vote of the City Council.
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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 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
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
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