HomeMy WebLinkAbout2012-118 - Amending Council Policy A-6 Relating to City Council MeetingsRESOLUTION NO. 2012 -118
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING
COUNCIL POLICY A -6 RELATING
TO CITY COUNCIL MEETINGS
WHEREAS, Charter Section 409 requires regular meetings of the City Council to
be held in the Council Chambers at City Hall;
WHEREAS, Council Policy A -6 specifies that regular City Council meetings are
to be held in the Council Chambers located at 3300 Newport Boulevard in the City of
Newport Beach ( "City ");
WHEREAS, the City of Newport Beach is in the process of moving to a new City
Hall and Council Chambers location as required by Charter Section 425;
WHEREAS, Council Policy A -6 requires the City Council to hold two regular
meetings each month, except in the month of December;
WHEREAS, the voters recently approved an amendment to Charter Section 407,
which will be effective when filed with the Secretary of State, granting the City Council
flexibility in its meeting schedule for the months of August and December; and
WHEREAS, the City recognizes the value and importance of written
correspondence that is submitted to the City Council for consideration prior to a meeting
and desires to ensure correspondence is submitted to allow adequate time for City
Council consideration.
NOW, THEREFORE, the City Council of the City of Newport Beach hereby
resolves as follows:
Section 1: City Council Policy A -6 (Open Meeting Policies) shall be amended
as shown in the redline policy attached hereto and incorporated by reference.
Section 2: The City Council hereby repeals all previous resolutions, or portions
thereof, related to City Council Policy A -6 that are in conflict with this resolution.
Section 3: 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.
Section 4: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 27t" day of November, 2012.
ATTEST:
Leilani I. Brown
City Clerk
Exhibit: Council Policy A -6
(Amendment shown in strike -out)
Exhibit 1 A -6
OPEN MEETING POLICIES
PURPOSE
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 enly —T= eting-will --be --held on the second Tuesday. The
meetings shall be held in a location allowed by tile Charter. t'- CO�t�il r Of
the r�T ?00 Ale - ity- 0vpert Beams: 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. 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 Iocations 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
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Council Members on the Thursday 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 and shall be posted on the City's public website no later
than 3:30 p.m. on the Friday preceding the meeting.
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 Tuesday preceding the meeting at which the item
is to be discussed.
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
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. Except as otherwise permitted
by law, alI mail or written communications from the, public /residents/applieants shall be
submitted to the City Council bev 5:00 P.m. on the Monday immediately prior to the regular
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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
Public comments re Study Session and Closed 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 Agendas, budget
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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
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.
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
A -6
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
Amended - November 27 2012
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STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2012 -118 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 27`h day of November, 2012, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Curry, Selich, Henn, Daigle, Mayor Gardner
Absent: Rosansky
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 28th day of November, 2012.
&44 -�' Nl�--
City Clerk
Newport Beach, California
(Seal)