HomeMy WebLinkAbout2015-63 - Adopting City Council Policy A-20 Relating to City Council Members’ Expression of an Official City Position or Policy and Affirming the City of Newport Beach’s Support for Diversity, Equality and InclusivenessRESOLUTION NO. 2015 -63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, ADOPTING CITY COUNCIL POLICY A -20
RELATING TO CITY COUNCIL MEMBERS' EXPRESSION OF AN
OFFICIAL CITY POSITION OR POLICY AND AFFIRMING THE CITY OF
NEWPORT BEACH'S SUPPORT FOR DIVERSITY, EQUALITY AND
INCLUSIVENESS
WHEREAS, the City of Newport Beach ( "City ") is a diverse community comprised
of people of different faiths, races; nationalities, ethnicities and sexual orientations;
WHEREAS, on July 6, 2015, Council Member Peotter sent out an email
commenting upon the United States Supreme Court's decision which held the United
States Constitution guaranteed a right to same -sex marriage;
WHEREAS, the email expressing Council Member Peotter's views on the
decision by the United States Supreme Court contained a picture of the City's Official
Seal and also referenced that he was a City of Newport Beach Council Member;
WHEREAS, the City Council for the City of Newport Beach is concerned that the
expression of private personal opinions authorized under the First Amendment may be
construed as being an official City position or policy; and
WHEREAS, the City Council for the City of Newport Beach wishes to reaffirm its
commitment to a diverse community that actively protects the rights of people of
different faiths, races, nationalities, ethnicities and sexual orientations.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council of the City of Newport Beach hereby adopts City
Council Policy A -20, which is attached hereto and incorporated by this reference, which
requires City Council Members who wish to express opinions or make statements which
are not the official policy or position of the City of Newport Beach, as determined by the
City Council, ensure that said statement or opinion cannot be construed by the public as
being a position or policy of the City of Newport Beach.
Section 2: The City Council of the City of Newport Beach hereby declares that it
is, and has been, the official policy of the City of Newport Beach to not discriminate
against any person on any basis, including, but not limited to; race, creed, color,
ethnicity, nationality, gender, age, disability, religion, marital status, or sexual
orientation. The City Council of the City of Newport Beach affirms its support for a
diverse community where its citizens, visitors, staff, and all members of the public are
treated equally and fairly without regard to their race, creed, color, ethnicity, nationality,
gender, age, disability, religion, marital status, or sexual orientation.
Resolution No. 2015 -63
Page 2 of 2
Section 3: The City Council finds the adoption of this resolution and City
Council Policy A -20 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: 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, clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section 5: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 6: The Mayor shall sign and the City Clerk shall certify the vote
adopting the passage of this resolution.
ADOPTED this 14t' day of July, 2015.
ATTEST:)
Leilani I. Brown
City Clerk
Mayor
Attachment: City Council Policy A -20
A -20
CITY COUNCIL MEMBERS
EXPRESSIONS OF OFFICIAL CITY POSITION OR POLICY
If a member of the City Council desires that a particular official City position or policy be
established or expressed on a given issue, the Council Member shall submit his /her
recommendations on said position or policy to the entire City Council in accordance with
Council Policy A -6, for evaluation and disposition as the City Council sees fit.
Any City Council Member who wishes to make a statement or opinion regarding a matter which
the City Council has not taken an official position on shall ensure that said statement or opinion
cannot be construed by the public as being an official position or policy of the City of Newport
Beach. The City Council finds this policy furthers an important public purpose by ensuring the
public does not confuse personal opinions expressed by City Council Members with official
expressions of City policy.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
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. 2015 -63 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 141h day of July, 2015, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Petros, Council Member Curry, Mayor Pro Tern Dixon,
Mayor Selich
NAYS: Council Member Peotter, Council Member Duffield, Council Member Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 15`h day of July, 2015.
City Clerk
Newport Beach, California
(Seal)