Loading...
HomeMy WebLinkAbout02 - Council Policy A-6TO: CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 2 December 6, 2010 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Leilani I. Brown, City Clerk 949 - 644 -3005 or Ibrown @newportbeachca.gov SUBJECT: REVISION TO COUNCIL POLICY A -6 (OPEN MEETING POLICIES) AS IT PERTAINS TO THE MEETING IN DECEMBER OF EVEN - NUMBERED YEARS. RECOMMENDATION: Adopt Resolution No. 2010 - approve the revision to Council Policy A -6 to allow the December meeting of even - numbered years to be considered a regular meeting and begin at 4:00 p.m., or as otherwise scheduled due to the demand of business, without reconvening at 7:00 p.m. DISCUSSION: Pursuant to Council Policy A -6, regular meetings of the City Council are conducted on the second and fourth Tuesdays of each month except in December when the only meeting is held on the second Tuesday. Further, regular meetings are to be conducted at 7:00 p.m. Historically during the December meeting of even - numbered years, the meeting has been ceremonial in nature in order to declare the results of the General Municipal Election, administer the Oaths of Office to the re- elected and /or newly - elected Council Members, and select the Mayor and Mayor Pro Tem. Staff is recommending that the December meeting of even - numbered years be considered a regular meeting and begin at 4:00 p.m., or as otherwise scheduled due to the demand of business, without reconvening at 7:00 p.m. This will allow adequate time to certify the General Municipal Election, swear in the incoming Council Members, and conduct City business. The change is reflected in the draft resolution. If approved, it will be implemented for the December 14, 2010 regular meeting. Submitted by: Leilani I. Brown, City Clerk Attachment: Resolution No. 2010- RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REVISING COUNCIL POLICY A -6 TO ALLOW THE DECEMBER MEETING OF EVEN - NUMBERED YEARS TO BE CONSIDERED A REGULAR MEETING AND BEGIN AT 4:00 P.M., OR AS OTHERWISE SCHEDULED DUE TO THE DEMAND OF BUSINESS, WITHOUT RECONVENING AT 7:00 P.M. WHEREAS, Section 407 of the City of Newport Beach's City Charter directs that the City hold regular meetings at least twice each month; and WHEREAS, the Charter also directs that the times and dates of the regular meetings be set by Ordinance or Resolution; and WHEREAS, Council Policy A -6 (Open Meeting Policies) directs that regular meetings of the City Council be conducted on the second and fourth Tuesdays of each month at 7:00 p.m., except in December when the only meeting is held on the second Tuesday; and WHEREAS, results of the General Municipal Election are historically certified at the December meeting of even - numbered years. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby considers the December meeting of even - numbered years to be a Regular Meeting that begins at 4:00 p.m., or as otherwise scheduled due to the demand of business, without reconvening at 7:00 p.m. BE IT ALSO RESOLVED that this change is reflected in Council Policy A -6 (Exhibit A). ADOPTED this 6th day of December, 2010. Keith D. Curry Mayor ATTEST: Leilani I. Brown City Clerk EXHIBIT A COUNCIL POLICY A -6 OPEN MEETING POLICIES RiIIN 040 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 9 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., or as otherwise scheduled due to the demand of business, for Study Session, Closed Session to follow immediatel thereafter, recess after Closed Session, 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. 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 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 in the Office of the City Clerk no later than 8:30 a.m. on the Thursday preceding the meeting, except for supplemental agenda items which will be available no 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 Clerk 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. 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. 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 The agenda for regular meetings of the City Council shall contain the following items in the order listed: Study 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 E. Contracts and Agreements F. Miscellaneous (for example: Planning Commission amendments, and permit applications) Items Removed from the Consent Calendar Oral Reports from City Council on Committee Activities Public Hearings Public Comments Continued Business Current Business Motion for Reconsideration Continued Closed Session, if necessary (report if applicable) Adjournment Agendas, budget 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 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 Amended - March 9, 2004 Amended - March 28, 2006 Amended - February 26, 2008 Amended - October 27, 2009