HomeMy WebLinkAbout00 - Written CommentsReceived After Agenda Printed
January 31, 2015
Written Comments
January 31, 2015, Council "Planning Session" Comments
The following comments on the Newport Beach City Council special meeting agenda are submitted by:
Jim Mosher ( iimmosheravahoo.com ), 2210 Private Road, Newport Beach 92660 (949)- 548 -6229
Yesterday's California Court of Appeals opinion in the Woody's Wharf litigation (G050155)
reminds us all that the "normal" way of conducting City business in Newport Beach (and the
notion that the law is whatever the City decides it to be at a particular moment) is not always
legal or proper (including, in the Woody's Wharf case, our long- standing practice of allowing the
party who has appealed a matter to sit in judgment on it).
Although some members of the public and press had been expecting the City Council to hold a
January "planning" or "goal setting" session, the recently released agenda for the present
special meeting indicates it is intended solely as an informational exercise, in which City staff
will update the Council and public on the current status of three topic areas. Nothing in the
published agenda even remotely alerts the public to the possibility that as part of these
informational updates the Council may be asked to set or prioritize goals for the coming year, let
alone, as required by California's open meeting law, what specific topics might be discussed for
prioritization.
In the present case, I think it is especially wise that such action is not contemplated, since as of
the writing of these comments, less than 24 hours from the start of the meeting, no supporting
materials of any kind have been released. It would seem extremely imprudent to ask the
Council members to express opinions about or make commitments on matters that neither they
nor the public, who is invited to comment, have had time to prepare for or thoughtfully consider.
In that regard, when an item is listed on an agenda as an informational report, it is my
understanding that Gov. Code 54954.2(a)(2) generally limits the Council to asking questions for
clarification and that the report cannot be used as a launch pad for discussion of items not listed
on the agenda.
In view of that, I would suggest that if the Mayor or staff does wish to seek direction from the
Council as to its goals and priorities for 2015, to comply with the Brown Act two meetings will be
required: one to develop, without discussion, the list of items to be discussed and prioritized,
and a second at which the merits of the publicly- announced items are actually discussed,
deliberated and prioritized.
When and if the Council chooses to hold a meeting to develop a list of items to be considered
as goals or priorities, I have a number of items I would like to suggest. However, since
discussion at special meetings is confined to the topics listed in the notice, and since despite the
title "2015 Planning Session" the development of such a list is not listed for this meeting, this
does not seem the appropriate time or place to submit those suggestions. In addition, many of
my suggestions have to do with improving the City's laws, procedures and transparency, and
many seem far afield from the announced topics of the reports.
For the reasons stated above, I hope and trust that the Council's discussion at the present
meeting will be confined to receiving and seeking clarification of the three informational updates
announced on the agenda.