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Home My WebLink About07 - Amendments to City Council Policy A-6 (Open Meeting Policies)CITY OF NEWPORT BEACH - City Council Staff Report June 9, 2015 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Leilani I. Brown, City Clerk — (949) 644 -3005, (brown @newportbeachca.gov PREPARED BY: Leilani I. Brown, City Clerk PHONE: (949) 644 -3005 TITLE: Amendments to City Council Policy A -6 (Open Meeting Policies) ABSTRACT: City Council Policy A -6 (Open Meeting Policies) is being proposed for amendments to change the manner in which items are placed on a City Council agenda, change the order of the agenda, and allow the Mayor to have the discretion to change the order of business. RECOMMENDATION: Adopt Resolution No. 2015 -46, A Resolution of the City Council of the City of Newport Beach, California, Adopting Amended City Council Policy A -6. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: At the May 12, 2015, City Council meeting, the City Council requested that City Council Policy A -6 (Open Meeting Policies) be amended to change the current method in which Council Members can add items to the agenda (Section C.3). Staff discussed alternatives with Mayor Selich and Mayor pro Tern Dixon and has suggested shortening the process from one that requires 3 meetings to get to a robust discussion about a topic to two. It does, however, obligate Council members to communicate a week in advance to ensure that their topic makes it onto the agenda. The proposal has been outlined in Exhibit 1 of Resolution No. 2015 -45 for the City Council's consideration. In addition, staff is recommending that City Council Policy A -6 be amended to change the order of business pertaining to presentations. The proposal is to move presentations from Regular Meeting to Study Session. However, if no Study Session is scheduled, presentations shall be conducted during the Regular Meeting. Lastly, staff is proposing to give the Mayor discretion relative to changing the order of business to allow for greater efficiency in City Council operations. These proposed changes are also outlined in Exhibit 7 -1 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: Description Attachment A - Resolution 7 -2 ATTACHMENT A RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING AMENDED CITY COUNCIL POLICY A -6 WHEREAS, the City of Newport Beach ( "City ") is governed, in part, by its Charter, Municipal Code and adopted City Council Policies; WHEREAS, the City Council adopted City Council Policy A -6 (Open Meeting Policies) to ensure compliance with the Ralph M. Brown Act and to promote full citizen participation in the discussions and decisions of their elected and appointed representatives; and WHEREAS, the City desires to amend City Council Policy A -6 to change the means by which an individual City Council Member may add an item to the City Council agenda, and to give the Mayor discretion to re- organize the agenda to ensure efficient operation of City government. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby amends City Council Policy A -6 as shown in Exhibit 1, which is attached hereto and incorporated herein by reference. Section 2: All prior versions of City Council Policy A -6 that are in conflict with the amendments adopted by this resolution are hereby repealed. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 5: Except as expressly modified in this resolution, all other City Council Policies, sections, subsections, sentences, terms, clauses and phrases set forth in the Council Policy Manual shall remain unchanged and shall be in full force and effect. 7 -3 Section 6: The City Council finds the adoption of this resolution and the amendment of City Council Policy A -6 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 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 9,h day of June, 2015. Edward D. Selich Mayor ATTEST: Leilani I. Brown, City Clerk Attachment: Exhibit 1 - Amended City Council Policy A -6 2- 7 -4 *.VVW . 01 OPEN MEETING POLICIES PURPOSE W. 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 held on the second Tuesday. The meetings shall be held in a location allowed by the Charter. 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. or as otherwise scheduled due to the demand of business. 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 provided to the City Council Members on the Thursday preceding the Tuesday Council meeting to which it pertains. 7 -5 W. 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. 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 City's website, as well as at the entrance to the City Council Chambers, 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. 3. items may be placed on a City Council agenda in the following 4:RaR4;er- A member of the City Council may place an item (s) on the City Council agenda for discussion by submitting a title or topic sufficient to satisfy the requirements of the Brown Act on or before 5:0012.m. on the Tuesday preceding the meeting at which the item is to be discussed. When requested, the City Attorney shall assist a City Council Member with the drafting of an agenda title or topic to ensure consistency with the Brown Act. These items will appear under the section of the agenda titled, "Matters which Council Members have asked to be placed on a Future A eg nda." At the Council meeting, if a majority of the City Council wishes to examine the issue, staff will prepare an appropriate report and return the item to the City Council with greater detail for discussion and /or action. Additionally, the City Manager ma3place an item(s) on the agenda in the course of operating the City, 7 -6 W. 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. CK�11 C�11.1[K�]f 7si�Js,I DID Low 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 permitted 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 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 Current Business Presentations (will be placed on the Regular Meeting agenda if no Study Session is scheduled Public Comments, including public comments about items on the Closed Session agenda. Closed Session - After Study Session - Council Chambers Conference Room Recess Reconvene at 7:00 p.m. for Regular Meeting 7 -7 M. Roll Call Closed Session Report Pledge of Allegiance Invocation Notice to the Public City Council Announcements (non- discussion item) Matters Wwhich Council Members W have asked to be Pplaced on a Future Agenda Public Comments on Consent Calendar 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 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 Motions for Reconsideration M. Continued Closed Session, if necessary (report if applicable) Adjournment The Mayor shall have the discretion to change the order of business. Council Members may change the order of business The order of w „ ^' ^^ shall 4iothe ,.L.....ged 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 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 7 -9 W. Amended - November 27, 2012 Amended - January 8, 2013 Amended - May 14, 2013 Amended - June 9, 2015 7 -10