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HomeMy WebLinkAbout16 - Brown Act Information Relating to Agendas0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 16 November 23, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Robin Clauson, Acting City Attorney, ext. 3131 rclauson @city.newport- beach.ca.us SUBJECT: BROWN ACT INFORMATION RELATING TO AGENDAS ISSUE: Does the description of items to be discussed on the City Council meeting agenda comply with the Brown Act? DISCUSSION: At the November 9, 2004 City Council meeting, Dolores Offing spoke on Agenda Item No. 13, relating to the proposed ordinance amending the City Zoning Code related to the Modification Permit procedures. Mrs. Otting raised concerns that Agenda Item No. 13 violated the Brown Act because as it did not contain sufficient information to inform the public of the proposed changes. Government Code Section 54954.2 requires that the posted agenda must contain a "brief general description of each item of business to be transacted or discussed at the meeting...' "A brief general description of an item generally need not exceed 20 words." Agenda Item No. 13 reads as follows: 13. CODE AMENDMENT NO. 2003 -003 — AMENDMENT TO MODIFICATION PERMIT PROCEDURES (PA 2003 -080). Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2004 - approving Code Amendment No. 2003 -003 and pass to second reading on November 23, 2004. In my opinion, the description meets the Brown Act's requirements. The description was brief and general and provided sufficient information for the public to determine the business to be discussed: an amendment to Modification Permit procedures, along with the specific reference numbers to know what amendment to ask for to review the item in more detail. The public can then obtain a copy of the staff report and amendments from the City Clerk's office or go to the City website to view the proposed amendments. Prepared & Submitted by: Robin L. Clauson, Acting City Attorney I I�a3icy -- # /( THE RALPH M. BROWN ACT: California Government Code Sections 54950 et seq. 54950• In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the 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 1.-now. The people insist on remaining informed so that they may retain control over the instruments they have created. 54954.2• (a) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an CA Codes agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall include information regarding how, to whom, and when a request for disability- related modification or accommodation, including auxiliary aids or services maybe made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting. NOTICE OF PUBLIC HEARING Code Amendment No. 2003 -003 (PA2003 -080) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of the Citv of Newport Beach for Code Amendment No. 2003 -003, An amendment to Chapter 20.93 (Modification Permits) and 20.90 (Application and Filing Fees) to revise the Required Findings Section, replace the Modifications Committee with a zoning administrator, and other associated revisions for processing a Modification Permit. NOTICE IS HEREBY FURTHER GIVEN that this project has been reviewed, and it has been determined that it is categorically exempt under Class 5 (Minor Alterations in Land Use Limitations) of the requirements of the California Environmental Quality Act. NOTICE IS HEREBY k URTHER GIVEN that said public hearing will be held on the 9th day of November, 200?, ,. tl e hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevars. Newport Beach, California, at which time and place any and all persons interested may appear and be hea : thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. rJ / LaVonne M. Harldess, City er ^ � ^ City of Newport Beach NOTICE OF PUBLIC HEARINr 11/09/04 13. CODE AMENDMENT NO. 2003 -003 — AMENDMENT TO MODIFICATION PERMIT PROCEDURES (PA 2003 -080). Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2004- second reading on November 23, 2004. approving Code Amendment No. 2003 -003 and pass to 11/23/04 4. CODE AMENDMENT NO. 2003 -003 — AMENDMENT TO MODIFICATION PERMIT PROCEDURES TO REQUIRE ADDITIONAL FINDINGS AND REPLACE THE MODIFICATIONS COMMITTEE WITH A ZONING ADMINISTRATOR (PA 2003 -080). Adopt Ordinance No. 2004 -25 approving Code Amendment No. 2003 -003.