CC 2015-11-10_09h Resolution_Amending Council PolicyMEMORANDUM
TO: CITY COUNCIL
FROM: DIANNE THOMPSON, CITY MANAGER
SUBJECT: CONSIDERATION OF RESOLUTION AMENDING THE
POLICY/PROCEDURE FOR CONDUCTING CITY BUSINESS
CONTAINED IN THE CITY COUNCIL OPERATIONS MANUAL
DATE: NOVEMBER 10, 2015
RECOMMENDATION:
It is recommended that the City Council adopt a Resolution amending the
Policy/Procedure for Conducting City Council Business.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is minimal impact on personnel resources from this-item.
BACKGROUND:
Currently, the City Council Operations Manual contains a "Policy/Procedure for
Conducting City Council Business" (the "Policy"). Section 2 of the Policy, entitled
"Addressing the City Council," at Subsection A, states: "The speaker shall state for the
record his/her name and address." The Brown Act requires that speakers be allowed to
speak at a public meeting regardless of whether or not the speaker chooses to provide
their name and address.
ANALYSIS OF ISSUES:
While providing one's name allows for clarity of the record and an opportunity for follow
up by the City, where appropriate, the City Council does not require speakers to provide
their name and address, and is therefore in compliance with the Brown Act. However, it
may be advisable to revise the language in the Policy to reflect the City Council's
existing practice and ensure compliance with the Brown Act. It is recommended that the
following sentence in the Policy: "The speaker shall state for the record his/her name
and address" be replaced with: "Speakers shall be asked to voluntarily state their name
for the record, but speakers will not be required to do so as a condition of attendance or
participation."
Item 9.h. - Page 1
CITY COUNCIL
CONSIDERATION OF RESOLUTION AMENDING THE POLICY/PROCEDURE FOR
CONDUCTING CITY BUSINESS
NOVEMBER 10, 2015
PAGE2
ALTERNATIVES:
1. Adopt a Resolution amending the Policy/Procedure for Conducting City Council
Business;
2. Modify and adopt a Resolution amending the Policy/Procedure for Conducting
City Council Business;
3. Do not adopt a Resolution amending the Policy/Procedure for Conducting City
Council Business; or
4. Provide direction to staff.
ADVANTAGES:
The advantage to modifying the policy would be to provide clarification to the public that
they are not required to provide their name and address and to demonstrate compliance
with the Brown Act.
DISADVANTAGES:
There are no disadvantages.
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, November 5, 2015 and the
agenda and staff report were posted on the City's website on Friday, November 6,
2015.
Item 9.h. - Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING THE POLICY/PROCEDURE
FOR CONDUCTING CITY COUNCIL BUSINESS CONTAINED
IN THE CITY COUNCIL OPERATIONS MANUAL
WHEREAS, the City Council of the City of Arroyo Grande has adopted guidelines to
assist the City Council in the conduct of City business; and
WHEREAS, such guidelines, entitled "Policy/Procedure for Conducting City Council
Business" are included in Section 2 of the City Council Operations Manual; and
WHEREAS, the Policy/Procedure for Conducting City Council Business has a
provision regarding speakers addressing the City Council and providing their name
and address; and
WHEREAS, while providing one's name allows for clarity of the record and an
opportunity for follow up by the City where appropriate, in order to clarify and codify
the City's existing practice and procedure of not requiring members of the public to
state their name and address as a condition of attendance or participation at a City
Council meeting, the City Council desires to amend Section 2.
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, 1999; amended by
Resolution No. 3645 adopted on January 28, 2003; amended by Resolution
No. 3654 adopted on February 11, 2003; amended by Resolution No. 4435
adopted on March 13, 2002; and amended by Resolution No. 4548 adopted on
September 24, 2013, 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 place 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 _th day of November 2015.
Item 9.h. - Page 3
RESOLUTION NO.
PAGE2
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
DIANNE THOMPSON, CITY MANAGER
APPROVED TO AS FORM:
HEATHER WHITHAM, CITY ATTORNEY
Item 9.h. - Page 4
EXHIBIT A
2. POLICY/PROCEDURE FOR
CONDUCTING CITY COUNCIL BUSINESS
11/10/15
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 invitation by the Mayor. Speakers shall be asked to
voluntarily state their name for the record, but speakers will not be
required to state their name as a condition of attendance or participation.
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.
Item 9.h. - Page 5
Policy I Procedure For Conducting City Council Business
Page2
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
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.
Item 9.h. - Page 6
Policy I Procedure For Conducting City Council Business
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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.
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.
Item 9.h. - Page 7
Policy I Procedure For Conducting City Council Business
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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.
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 matter of business on a future
agenda.
B. Proper action will then 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 9.h. - Page 8