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CC 2013-09-24_08.e. Resolution - Conducting City Council BusinessMEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER ~ SUBJECT: CONSIDERATION OF DATE: POLICY/PROCEDURE BUSINESS SEPTEMBER 24, 2013 RECOMMENDATION: · RESOLUTION AMENDING THE FOR CONDUCTING CITY COUNCIL It is recommended the City Council adopt a Resolution amending the policy/procedure for conducting City Council business in order to provide an opportunity on the agenda for Council Members to request future agenda items. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no impact on financial or personnel resources from this item. BACKGROUND: Under the current Policy/Procedure for Conducting City Council Business, a Council Member may place an item on the City Council agenda to request a formal agenda report be prepared and placed on a future agenda, direct staff to prepare a study or analysis, or request feedback from other Members of the City Council on a given subject by notifying the City Manager by 12:00 p.m. on Thursday prior to the City Council meeting. The item is then identified on the agenda along with the name of the Council Member making the request. At the September 10, 2013 meeting, Mayor Ferrara requested, and the City Council concurred, to direct staff to modify the Council agenda procedure to allow Council Members to request future agenda items at a Council Meeting without prior notification or placing the request on the agenda. ANALYSIS OF ISSUES: The recommended change to the Policy/Procedure for Conducting City Council Business will enable Council Members to make requests under the Council Member Communications portion of the agenda and that the Council Member Items portion of the agenda be removed. Therefore, prior notice will not be required. It is recommended that formal action be required to approve placing the item on a future agenda to ensure there is approval by the Council majority, which is allowed under Section 54954.2 of the Government Code. Item 8.e. - Page 1 CITY COUNCIL CONSIDERATION OF RESOLTION CHANGING THE REGULAR CITY COUNCIL MEETING TIME SEPTEMBER 24, 2013 PAGE2 Specific proposed instructions on the agenda include the following: COUNCILCOMMUNICATIONS: Any Council Member may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, Council Members may request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. Staff is also proposing to remove the City Manager Items portion of the agenda since it is seldom used. The original purpose was to provide the opportunity to seek direction on a minor item without preparing a staff report. Any announcements or seeking general feedback can be raised under Staff Communications. ALTERNATIVES: The following alternatives are provided for City Council consideration: 1. Adopt the Resolution; 2. Modify the Resolution to place a separate item for future agenda items; 3. Modify the Resolution to continue to provide for Council Member Items in addition to the proposed change so City Council Members have an option if they want to have more discussion on a request; 4. Do not change the Policy/Procedure for Conducting City Council Business; or 5. Provide staff other direction. ADVANTAGES: The change will streamline the process, make it easier for Council Members to make requests and place items on the agenda, and enable Council Members to bring up items that may arise after the agenda is published. Enabling the Council to make the request under Council Communications instead of under a separate item will help simplify and shorten the agenda. DISADVANTAGES: The primary objective of the existing process was to enable extended discussion and deliberation by the Council on items brought up by an individual Council Member. Under the revised process, discussions and deliberation will be more limited since the item will not be identified on the agenda. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, September 19, 2013 and on the City's website on Friday, September 20, 2013. No comments were received. Item 8.e. - Page 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE POLICY/PROCEDURE FOR CONDUCTING CITY COUNICL BUSINESS WHEREAS, the City Council of the City of Arroyo Grande desires to amend the Policy/Procedure For Conducting City Council Business. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY RESOLVE AS FOLLOWS: 1. The Policy/Procedure For Conducting City Council Business ("Policy/Procedure"), adopted by Resolution NO. 3264 on December 9, 1997, amended by Resolution No. 3391 adopted on August 24, 199, amended by Resolution No. 3645 on January 28, 2003, and amended by Resolution No. 3654 on February 11, 2003, amended by Resolution No. 4435, is hereby further amended as set forth in Exhibit A attached hereto and incorporated herein by this reference. 2. The City Manager is hereby authorized and directed to post copies of said Policy/Procedure in suitable places for the guidance of the public. On motion of Council Member , seconded by Council Member __ _ and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 24th day of September 2013. Item 8.e. - Page 3 RESOLUTION NO. PAGE2 TONY FERRARA, MAYOR ATTEST: KITTY NORTON, DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED TO AS FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Item 8.e. - Page 4 2. POLICY/PROCEDURE FOR CONDUCTING CITY COUNCIL BUSINESS 09/24/13 The following guidelines are to assist the City Council in the conduct of City business and are procedural only. Failure to strictly observe such procedures shall not affect the jurisdiction of the Council nor invalidate any action taken at a meeting that is otherwise held in conformance with the law. Except as otherwise provided for in this Policy, any special rule adopted by the City Council, or as otherwise provided by state statute, the procedures of the City Council meetings shall be governed by the latest revised edition of "Sturgis Standard Code of Parliamentary Procedure", as modified by Council practices. The City Attorney is designated as the parliamentarian for City Council meetings. The City Manager shall preside as the parliamentarian in the City Attorney's absence. 1. MEETINGS A. The City Council shall meet in regular session on the second and fourth Tuesday of each month. B. Business at regular sessions shall be conducted from 6:00 PM to 11 :00 PM only, unless extended by unanimous consent of the City Council Members present. C. Special adjourned meetings and study sessions of the City Council may be called by a majority vote of the City Council. · D. The order of business for the City Council shall be as arranged by the City Manager, except for matters set at a specific time by the Council. 2. ADDRESSING THE CITY COUNCIL A. Each person desiring to address the Council shall proceed to the speaker's stand upon recognition from the Mayor. The speaker shall state for the record his/her name and address. Unless further time is granted by the Mayor, (unless overruled by a majority vote of the Council), the speaker shall limit his/her remarks to three (3) minutes unless special circumstances exist. All remarks shall be pertinent to the subject at hand. All remarks must be addressed to the Council as a whole and not to any Member individually. No questions shall be asked of a Council Member or member of City staff without the permission of the Mayor. B. In order to avoid repetitious presentations and delay in the business of the Council, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request a spokesperson be chosen by the group to represent its position. The Mayor may, in his discretion, grant additional time for a speaker that has Item 8.e. - Page 5 Policy I Procedure For Conducting City Council Business Page2 been recognized or designated by a group to present comments on their behalf. C. After a motion has been made and seconded, or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so from the Mayor or a majority vote of the Council. 3. DISTURBANCE OF CITY COUNCIL MEETINGS The following procedure and format will be used by the City Council to address disruptive persons at a Council Meeting: A. The Presiding Officer shall make the following announcement: As the Presiding Officer, I am advising you that your comments have violated the City Council's rules of procedure for addressing the City Council and you are causing a serious disruption to this meeting. I must ask you to immediately cease the disturbance before further action is necessary. At this time, I am going to recess the meeting for 10 minutes. We will then reconvene our meeting. B. Recess and call for police to be present when meeting reconvenes. C. If the disturbance continues after reconvening the meeting, the Presiding Officer shall make the following announcement: As Presiding Officer, since you are continuing this disturbance, I must advise you that the Penal Code provides that every person who, without authority of law, willfully disturbs or breaks up any meeting, not unlawful in its character, is guilty of a misdemeanor. If you do not immediately cease this disturbance, I will request the police to arrest you under Penal Code Section 403. D. If the disturbance continues, request the police to come forward to make the arrest. (Government Code Section 54957.9) 4. PROCEDURES A. Council ordinances and resolutions must be reviewed in written form before binding action is taken on same. B. A Council order applies mainly as a directive to City officers or employees. It need not be in writing, as it generally applies to one specific act only. C. In the absence or inability of the Mayor and the Mayor Pro Tern to attend a meeting of the City Council, the Members present shall select one Member to temporarily preside. Item 8.e. - Page 6 Policy I Procedure For Conducting City Council Business Page3 D. A motion shall not be debated or "put to vote", unless the same is seconded. When a motion is seconded, if requested, it shall be stated by the Mayor or the City Clerk before debate. E. Upon a motion having been made and seconded, it shall be deemed to be in possession of the Council, but it may be withdrawn at any time, before decision or amendment, with the assent of a second. F. A Member called to order should relinquish the floor, unless permitted to explain; and the Council, if appealed to, shall decide on the case, but without debate. If there is no appeal, the decision of the Mayor shall be final. G. Upon demand of any Council Member, or at the discretion of the Mayor, the vote shall be by roll call, expect that the vote on all ordinances or resolutions shall be by roll call vote. H. Tie votes shall be lost motions. I. Tie votes on the appeal of a Commission/Board/Committee or staff decision sustain the action of the Commission/Board/Committee, or staff. J. Every Council Member, unless disqualified by reason of a conflict of interest or as otherwise provided by law, shall cast his/her vote upon any matter put to vote by the legislative body. K. Any Council Member who abstains from voting without a valid reason shall be deemed to have voted with the majority on that particular issue. L. A Council Member who publicly announces that he/she is abstaining from voting on a particular matter for specified reasons shall not subsequently be allowed to withdraw that abstention. M. In order to avoid any attack on the validity of Council hearings, Council Members shall avoid forming final conclusions or making commitments with proponents and opponents during any meetings, conferences, or discussions regarding the merits of the matter or issue before the body, including but not limited to, specific zoning and related land-use proposals, comprehensive planning, and like matters. N. A motion to reconsider a legislative or quasi-legislative action taken by the Council may be made only at the same meeting at which the action was taken. Quasi-judicial actions shall not be subject to a motion to reconsider. Item 8.e. - Page 7 Policy I Procedure For Conducting City Council Business Page4 5. COMMITTEES A. The Council shall appoint committees as deemed necessary for the proper conduct of City business. B. No committee shall include in its membership more than two (2) Council Members. C. The City Manager, or his/her designee, shall be an ex-officio member of all committees. 6. AGENDAS A. Agendas for the Council will be prepared by the City Manager. B. Agendas shall be posted on a bulletin board, publicly accessible, in City Hall and/or the Council Chamber, and posted on the City website. 7. COUNCIL MEMBER REQUESTS AND QUESTIONS A. Under the Council Communications portion of the meeting agenda, Council Members may ask a question for clarification, make an announcement, or report briefly on his or her activities. Subject to Council Policies and Procedures, Council Members may also request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. B. Proper action will th~n be taken by staff. 8. MISCELLANEOUS A. Items referred to departments for action by the City Council shall be routed through the City Manager's Office. B. The City Council shall occasionally review this Policy/Procedure. C. Amendments to this Policy/Procedure shall be by majority vote of the Council. Item 8.e. - Page 8