HomeMy WebLinkAbout17 - Finance Committee - CorrespondenceReceived After Agenda Printed
April 26. 2016
Item No. 17
From: Harp, Aaron
Sent: Tuesday, April 26, 2016 11:38 AM
To: Brown, Leilani
Subject: FW: Agenda Item 17 and Brown Open Meeting Law
From: cano securities-law.com [mailto:cano@securities-law.com]
Sent: Tuesday, April 26, 2016 11:31 AM
To: Kiff, Dave; Duffield, Duffy; Dixon, Diane; Muldoon, Kevin; Curry, Keith; Selich, Edward; Petros, Tony; Peotter, Scott
Cc: Harp, Aaron
Subject: Re: Agenda Item 17 and Brown Open Meeting Law
Dear Mr. Kif£
You are indeed correct about the Brown Act. I am objecting to the waiver of Council Policy A-6, the City's own
open meeting policy.
At to the first item:
a) Waive City Council Policy A -6 relating to how a Council Member can place an item on the regular City
Council Meeting Agenda;
This appears to be a permanent amendment to the Council Policy Manual. While Section D-3 of the Policy
Manual Provides, "Nothing in this policy shall prevent any individual member of the Council, the City
Manager, or City Attorney from suggesting to the Council manual revisions at other times during the
year." Isn't it prudent governance to have the opportunity for study and comment when amending something as
important as the Council Policy Manual and not just minimal notice and placement at the end of the Meeting
Agenda.
The other items on the Agenda are:
b) Confirming the Mayor's appointment of a new chairperson to the Finance Committee;
c) Removing Council Member Curry from the Finance Committee; and, if approved, consider:
d) Confirming the Mayor's appointment of a new Council Member to the Finance Committee; and removing
the newly appointed Council Member's citizen advisor appointee from the Finance Committee
Again, is it prudent governance to have minimal notice and study for changes in the composition of the Finance
Committee, just 2 days in advance of the Finance Committee meeting when something as important and the
management, amortization, and handling of the City's unfunded pension liability is being considered by the
Finance Committee.
Kristin M. Cano
On April 25, 2016 at 8:31 PM "Kiff, Dave" <DKif[@newportbeachca.gov> wrote:
Ma'am -
You might be misunderstanding something. Nothing in the Brown Act was or will be
waived. The waiver has to do with a local Council policy, which can indeed be waived with
four votes.
The Brown Act is State law, and in this case is being fully met - it requires 72 hours' notice of
the agenda item, a clear description of the matter being considered, an opportunity for public
comment, and a public vote.
Dave Kiff
City Manager
Sent from my iPad
On Apr 25, 2016, at 8:06 PM, cano securities-law.com <canoksecurities-law.com> wrote:
Dear Mr. Kiff and Members of the City Council:
I was reviewing the Agenda for the City Council Meeting to be held on April 26,
2016 and noted the Item 17:
At the Request of Council Member Peotter, Consider Waiving Council Policy A-6
(Open Meeting Policies) so that the City Council May Consider Whether to: (1)
Confirm the Mayor's Appointment of a New Chairperson to the Finance
Committee; (2) Remove Council Member Curry from the Finance Committee;
and (3) if Council Member Curry is Removed from the Finance Committee: (a)
Confirm the Mayor's Appointment of a New Council Member to the Finance
Committee; and (b) Remove the Newly Appointed Council Member's Citizen
Advisor Appointee from the Finance Committee (no staff report is provided with
this item)
a. Waive City Council Policy A -6 relating to how a Council Member can place
an item on the regular City Council Meeting Agenda; and, if approved, consider:
b. Confirming the Mayor 's appointment of a new chairperson to the Finance
Committee;
c. Removing Council Member Curry from the Finance
d. Committee; and, if approved, consider:
e. Confirming the Mayor 's appointment of a new Council Member to the Finance
Committee; and removing the newly appointed Council Member's citizen advisor
appointee from the Finance Committee.
I would like an explanation of why, anything as important as blanket waiver of
the Brown Act Open Meeting requirements and removal of the Chairperson of the
Finance Committee and appointment of new member to the Finance Committee,
or, in fact, any matter to do with the Finance Committee and our City's finances
would be pushed through with a such a waiver of the Brown Open Meeting Act.
The Brown Open Meeting Act is sacrosanct in California government and should
not be lightly waived, particularly when it comes to municipal finances.
Section A-6, Open Meeting Policies, requires council members to request an item
be considered at a council meeting. At the following meeting, the council votes to
consider the item and at the meeting after that the issue is set for decision. This
requires a lot more than 5 days public notice
As a long standing resident and homeowner in this community, I object to
waiving any provision of the Brown Open Meeting Act, particularly when it
relates to our City's finances. Such a waiver might be appropriate for an item such
as,'what color to paint the fence at the Dog Park, but it is beyond the pale when it
comes to this City's Finance Committee and our City's finances..
Kristin M. Cano
789 Avocado Ave.
Corona del Mar