CC 2016-03-08_09d Resolution Amending Council Policies
MEMORANDUM
TO: CITY COUNCIL
FROM: DIANNE THOMPSON, CITY MANAGER
SUBJECT: ADOPTION OF A RESOLUTION APPROVING AMENDMENTS TO THE
POLICY/PROCEDURE FOR CONDUCTING CITY COUNCIL BUSINESS
DATE: MARCH 8, 2016
RECOMMENDATION:
It is recommended the City Council adopt a Resolution amending the Policy/Procedure
for Conducting City Council Business (Policy #2) contained in the City Council
Operations Manual.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no impact to financial or personnel resources.
BACKGROUND:
At the City Council meeting of January 26, 2016, the Council reviewed the City’s current
policies and procedures relating to the conduct of Council business and directed that
amendments to Policy #2 be prepared as follows: allowing two members of the City
Council to request an item be placed on a future agenda; to update the provisions for
calling a special meeting so it is consistent with State law; and to add criteria and
guidelines for the scope of Agenda topics.
ANALYSIS OF ISSUES:
Council Member Items
Council directed staff to prepare an amendment to Section 7.A. of Policy #2 to allow a
Council Member to request an item of business be placed on a future agenda with the
concurrence of at least one other Council Member. The recommended amendment to
Section 7.A. is as follows:
7.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
direct request that staff to place a matter of business on a future agenda.
Any request to place a matter of business on a future agenda requires the
concurrence of at least one other Council Member.
Item 9.d. - Page 1
CITY COUNCIL
ADOPTION OF RESOLUTION APPROVING AMENDMENTS TO THE
POLICY/PROCEDURE FOR CONDUCTING CITY COUNCIL BUSINESS
FEBRUARY 9, 2016
PAGE 2
Special Meetings
Council directed staff to prepare an amendment to Section 1.C. of Policy #2 in order to
make the language consistent with State law. The recommended amendment to
Subsection 1.C. is as follows:
1.C. Special adjourned meetings and study sessions of the City Council A
special meeting may be called at any time by the presiding officer or by a
majority vote of the City Council.
Scope of Agenda Topics
Council requested staff prepare guidelines or criteria regarding the scope of agenda
topics, particularly for issues that may be outside of the City’s jurisdiction. There are
criteria set forth in Policy #8 entitled “Guidelines for Council Direction on Items From
Appointed Boards and Committees” of the City Council Operations Manual (Attachment
1), which can also be applied in Policy #2. The recommended language to be added to
Section 6 (Agendas) is as follows:
B. The purpose of the agenda is to provide a framework within which Council
meetings can be conducted and to effectively implement the approved
Council Goals, Long Term Financial Plan and Budget, Critical Needs
Action Plan and also work programs, objectives, and business of the City
as established by the City Council. Agenda items also include
recommendations to the City Council from advisory bodies, public hearings
for land use and zoning actions or appeals, awarding bids, contracts,
agreements, and adoption of resolutions and ordinances establishing
various City regulations or policies. Agenda items will be within the policy
context established by the Council, the scope of existing work programs,
and within the jurisdiction of the City.
For items that are of a regional, State, or Federal nature, including but not
limited to proposed legislation, the item may be placed on the City Council
agenda if it meets any of the following criteria:
1. Items that will result in any direct significant financial impact to
the City;
2. Items that involve new regulations, requirements or other
impacts that will result in a significant impact to staff workload or
adversely impact Arroyo Grande businesses or citizens;
3. Items that will create or increase a fee, tax or other charge to
Arroyo Grande residents;
4. Items of a controversial nature that have been frequently
reported in the media and have resulted in vocal opposition from
the public and/or diverse vocal opinions from interest groups
and the public;
5. Items involving issues that the City Council has received a
significant number of comments or correspondence from
members of the community.
Item 9.d. - Page 2
CITY COUNCIL
ADOPTION OF RESOLUTION APPROVING AMENDMENTS TO THE
POLICY/PROCEDURE FOR CONDUCTING CITY COUNCIL BUSINESS
FEBRUARY 9, 2016
PAGE 3
ALTERNATIVES:
The following alternatives are provided for City Council consideration:
1. Adopt a Resolution approving amendments to the Policy/Procedure for
Conducting City Council Business;
2. Modify and approve amendments to the Policy/Procedure for Conducting City
Council Business;
3. Retain the current Policy/Procedure for Conducting City Council Business; or
4. Provide other direction.
ADVANTAGES:
Amendments to the City’s policies will ensure that they are consistent with State law and
the goals and objectives of the City Council. Policy #2 provides consistent procedural
guidelines for conducting City Council business in an effective and efficient manner.
DISADVANTAGES:
There are no disadvantages identified relating to the amendment of Policy #2.
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, March 3, 2016 and the Agenda
and staff report were posted on the City’s website on Friday, March 4, 2016.
ATTACHMENT:
1. Policy #8 - Guidelines for Council Direction on Items From Appointed
Boards and Committees
Item 9.d. - Page 3
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 City Council 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, 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; amended by Resolution No. 4548 adopted on
September 24, 2013, and amended by Resolution No. 4698 adopted on
November 10, 2015, 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 __ day of 2016.
Item 9.d. - Page 4
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.d. - Page 5
2. POLICY/PROCEDURE FOR
CONDUCTING CITY COUNCIL BUSINESS
11/10/15 03/08/16
EXHIBIT A
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. Speeial adjourned meetings and study sessions of the City Couneil A
special meeting may be called at any time by the presiding officer or 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.
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
Item 9.d. - Page 6
Policy I Procedure For Conducting City Council Business
Page2
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.
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.
Item 9.d. - Page 7
Policy I Procedure For Conducting City Council Business
Page3
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.
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 9.d. - Page 8
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. The purpose of the agenda is to provide a framework within which Council
meetings can be conducted and to effectively implement the approved
Council Goals. Long Term Financial Plan and Budget. Critical Needs
Action Plan and also work programs. objectives. and business of the City
as established by the City Council. Agenda items may also include. but
not be limited to. recommendations to the City Council from advisory
bodies. public hearings for land use and zoning actions or appeals.
awarding bids. contracts. agreements. and adoption of resolutions and
ordinances establishing various City regulations or policies. Agenda items
will be within the policy context established by the Council. the scope of
existing work programs. and within the jurisdiction of the City.
For items that are of a regional, State. or Federal nature. including but not
limited to proposed legislation. the item may be placed on the City Council
agenda if it meets any of the following criteria:
1. Items that will result in any direct significant financial impact to the City;
2. Items that involve new regulations. requirements or other impacts that
will result in a significant impact to staff workload or adversely impact
Arroyo Grande businesses or citizens;
3. Items that will create or increase a fee. tax or other charge to Arroyo
Grande residents;
4. Items of a controversial nature that have been frequently reported in
the media and have resulted in vocal opposition from the public and/or
diverse vocal opinions from interest groups and the public;
5. Items involving issues that the City Council has received a significant
number of comments or correspondence from members of the
community.
~ C. Agendas shall be posted on a bulletin board, publicly accessible, in
City Hall and/or the Council Chamber, and posted on the City website.
Item 9.d. - Page 9
Policy I Procedure For Conducting City Council Business
Page 5
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 direct request that staff ta-place §_matter of business on a future
agenda. Any request to place a matter of business on a future agenda
requires the concurrence of at least one other Council Member.
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.d. - Page 10
ATTACHMENT 1
8. GUIDELINES FOR COUNCIL DIRECTION ON ITEMS FROM
APPOINTED BOARDS AND COMMITTEES
9/11/12
After each election year, the City Council appoints members of the City Council to
serve on regional and local boards and committees that request Council
representation. Appointees represent the City on these various boards and
committees and are granted authority to make decisions in the best interest of the City
of Arroyo Grande, as well as the general public and interests served by the specific
agency. However, it is appropriate to seek City Council input and/or direction on items
meeting criteria that has been established by the City Council. The following
guidelines outline the criteria and process.
1. When time permits prior to an item scheduled to be voted on by a board or
committee that a member of the City Council has been appointed to by the City
Council, City Council Members are advised to place items on the City Council
agenda for direction and/or input if they meet any of the following criteria:
a. Items that will result in a one-time or annual direct financial impact to the
City of over $10,000.
b. Items that involve new regulations, requirements or other impacts that
will result in a significant impact to staff workload or adversely impact
Arroyo Grande businesses or citizens.
c. Items that will create or increase a fee, tax or other charge to Arroyo
Grande residents.
d. Items of a controversial nature that have been frequently reported in the
media and have resulted in vocal opposition from the public and/or
diverse vocal opinions from interest groups and the public.
e. Items involving issues that the City Council has received a significant
number of comments or correspondence from members of the
community.
2. If time permits, City Council Members are advised to brief the remainder of the
City Council on any item that may meet any of these criteria under "City Council
Reports" and request whether the City Council would like the item to be placed
on the next agenda for formal direction.
3. If an upcoming item meets any of these criteria, and there is not sufficient time
to brief the City Council under the next scheduled "City Council Reports,"
Council Members are advised to notify the City Manager or City Clerk/Director
of Information and Legislative Services to place the item on the next City
Council agenda. If there is not time available, referral of items from other
boards and committees may bypass the normal requirement for Council
Members to first place under "City Council Items" the request that the item be
Item 9.d. - Page 11
ATTACHMENT 1
placed on a future agenda. The City Manager will determine where on the
agenda the item will be placed depending upon the nature of the item.
· 4. If an item is scheduled to be decided by the board and committee prior to the
next City Council meeting, Council Members are advised to request the item be
continued until feedback from the entire City Council can be placed on an
agenda. If postponement of the item is not possible or is refused by the board
or committee, Council Members are advised to vote on the item independently
and report to the full City Council during the next "City Council Reports."
Item 9.d. - Page 12