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HomeMy WebLinkAbout08 - Open Meeting Policy A-6CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 October 27, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Leilani I. Brown, City Clerk 949 - 644 -3005, (brown @newportbeachca.gov SUBJECT: REVISION 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: The proposed changes to Council Policy A -6 — Open Meeting Policies will improve the meeting process and amend the policy to better correlate to the current version of the agenda. Some of the recommended changes include: • Giving flexibility to setting the time for study session. • Noting that the Office of the City Attorney no longer posts the closed session agenda since it is listed on the regular agenda. • Deleting the last line in the Closed Session Agenda section since it is confusing. • Indicating that the closed session is conducted after study session in the Council Chambers Conference Room. • Removing the Planning Commission Agenda and Oral Status Report section, and placing the Planning Commission Agenda staff report under Consent Calendar /Miscellaneous actions. The changes are reflected in the attached policy through the use of highlights and strikeouts. If approved, the changes will be reflected on the Council agenda beginning with the November 10, 2009 meeting. Submitted by: Leilani I. Brown, City Clerk Attachment: Draft Council Policy A -6 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 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 otherv, u.the demand of , for Study Session, Closed Session to follow immediately thereafter, recess after the repertef 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 94s ® 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 at M 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 iR 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 go- Mager shall prepare a supplemental agenda listing all discussion items if the discussion item was received after the cutoff time for the regular meeting agenda. 1 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 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 r-epert s il7fFl 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 - Recess Reconvene at 7:00 p.m. for Regular Meeting Roll Call Closed Session Report f a e7 Pledge of Allegiance Invocation Sgec-ial Presentations} 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 itemswhieh sha4l:.-,,.lud : A. B. C. D. E. F. Reading of Minutes/ Ordinances and Resolutions Ordinances for Introduction Ordinances for Adoption Resolutions for Adoption Contracts and Agreements Miscellaneous Aetiens (For example: applications) budget amendments, and permit Dispesitien of 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 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. W. 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. W2000) 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 - F ruai 26, 2008 NINE' �';� OPEN MEETING POLICIES PURPOSE COUNC: AGENDA No. 1D _a 7 2mc) A-6 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 meetin shall begin at 4:00 p.m., or as othek pcheduled due to the. demand of for Study Session, Closed Session to follow immediately thereafter, recess after the repent 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 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. LVII The agenda and staff reports will be available for the public and media a4 10 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 A ends for Discussion, Action, or Report (Non - discussion Item)." The City Manage F 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 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 s r�i l:L1 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 Reportig-applieable) Pledge of Allegiance Invocation Speeial Presentations +f-any) City Council Announcements or Matters Which Council Members Would Like Placed on a Future Agenda for Discussion, Action or Report (Non - discussion Item) A -: Consent Calendar items •-•hieh shall inelu e: 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 Aet+ens (For example: WAnning Commissivpt Ag a34 budget amendments, and permit applications) Disposition of 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 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. A -6 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 �i�t(<d rR "WM2009