08.e. Change to the Reg. City Council Mtg. TimeMEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
SUBJECT: CONSIDERATION OF CHANGE TO THE REGULAR ClTY COUNCIL
MEETING TIME
DATE: MARCH 13,2012
RECOMMENDATION:
It is recommended the City Council: 1) adopt a Resolution to change the regular City
Council meeting time to 6:00 p.m.; and 2) adopt a Resolution amending the
PolicyIProcedure for Conducting City Council Business.
IMPACT ON FINANCIAL AND PERSONNEL RESOLIRCES:
The change will reduce two hours of staff time per month for each staff member
involved in the City Council meetings.
BACKGROUND:
In 1999, the start time for regular Council meetings was changed from 7:30 p.m. to
7:00 p.m. At that time, an Ordinance was also adopted, which deleted from the
Municipal Code any specific date or time for the regular Council meeting and
substituted language stating that the time of the regular meeting shall be set by
resolution. Municipal Code Section 2.04.030 also sets forth that changes to the
meeting time must be approved by a four-fifths majority vote of the Council.
ANALYSIS OF ISSUES:
The current meeting time of 7:00 p.m. requires staff to wait two hours after City Hall
closure and the end of normal working hours for the meeting to commence. It causes
the end time of meetings to be later than necessary, which often impacts the
productivity and outcome of Council discussions and inconveniences members of the
public, staff and City Council.
The purpose of evening meetings is to make them convenient for members of the
City Council and public who work normal business hours to attend. However, staff
believes a 6:00 p.m. start time will provide ample time for most people to attend after
work. The Planning Commission previously moved their meeting time to 6:00 p.m.,
which has worked well. The proposed one-meeting delay in the effective date of the
Agenda Item 8.e.
Page 1
ClTY COUNCIL
CONSIDERATION OF RESOLTION CHANGING THE REGULAR ClTY COUNCIL
MEETING TIME
MARCH 13,2012
PAGE 2
change will provide the opportunity to ensure adequate notice is given to citizens and
interested parties.
It is recommended most closed session items be moved to the end of the meeting.
'This will assist staff by eliminating the need to prepare and distribute a separate
special meeting agenda and by avoiding the need for staff to estimate the amount of
time to allow for adequate Council deliberation of these important items. Council
expressed concerns at the last meeting regarding the need for staff participating in a
closed session item to wait until the end of the meeting. Special arrangements can
be made to schedule an earlier closed session special meeting when these
circumstances occur.
If the Council adopts the proposed Resolution to change the meeting time, it is further
recommended that the Council adopt a second Resolution amending Section l.B of
the Policies and Procedures for Conducting City Council Business for internal
consistency. As proposed, the meeting length was kept at a maximum of 5 hours
(6:OO p.m. - 11:OO p.m.), unless extended by unanimous consent of the Council
Members present.
ALTERNATIVES:
The following alternatives are provided for City Council consideration:
1. Adopt the Resolutions;
2. Modify the Resolution to select a start time of 6:30 p.m.;
3. Do not change the meeting time; or
4. Provide staff other direction.
ADVANTAGES:
The change will utilize staffs time more efficiently and reduce the problems
associated with late meetings for the public, staff and the City Council.
DISADVANTAGES:
It would make the meetings more difficult to attend for people who work late hours or
long distances from ~rroyo Grande.
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 8, 2012 and on the
City's website on 'Friday, March 9, 2012. No comments were received.
Agenda Item 8.e.
Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ESTABLISHING THE DATE AND TIME
FOR REGULAR CITY COUNCIL MEETINGS
WHEREAS, the City Council is authorized by law to establish the date and time for
regular City Council meetings; and
WHEREAS, Municipal Code Section 2.04.030 sets forth that changes to the regular City
Council meeting hour or day of the month may from time to time be approved by
resolution passed by a four-fifths majority vote of the Council; and
WHEREAS, the City Council deems it to be in the best interest of the citizens of the City
of Arroyo Grande to establish the date and time for regular City Council meetings as set
forth herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande that effective April 1, 2012, regular City Council meetings shall be held on the
second and fourth Tuesdays of each month commencing at the hour of 6:00 p.m.
On motion of Council Member , seconded by Council Member I
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of ,201 2.
Agenda Item 8.e.
Page 3
RESOLUTION NO.
PAGE 2
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, ClTY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, ClTY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, ClTY ATTORNEY
Agenda Item 8.e.
Page 4
RESOLUTION NO.
A RESOLU'TION OF THE ClTY COUNCIL OF 'THE ClTY OF
ARROYO GRANDE AMENDING 'THE POLICYIPROCEDURE
FOR CONDUCTING ClTY COUNCIL BUSINESS
WHEREAS, the City Council of the City of Arroyo Grande does desire to amend the
PolicylProcedure For Conducting City Council Business.
NOW, THEREFORE, THE ClTY COUNCIL OF THE ClTY OF ARROYO GRANDE
DOES HEREBY RESOLVE AS FOLLOWS:
1. The PolicylProcedure For Conducting City Council Business ("PolicylProcedure),
adopted by Resolution No. 3264 on December 9, 1997, amended by Resolution
No. 3391 adopted on August 24, 1999, amended by Resolution No. 3645 on
January 28, 2003,,and amended by Resolution No. 3654 on February 11, 2003,
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
PolicylProcedure 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 , 2012.
Agenda Item 8.e.
Page 5
RESOLUTION NO.
PAGE 2
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, ClTY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, ClTY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, ClTY ATTORNEY
Agenda Item 8.e.
Page 6
EXHIBIT A
2. POLICYIPROCEDURE FOR
CONDUC'TING ClTY COUNCIL BUSINESS
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.
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 ZW6:oo PM to 12
lU+&gb&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 ClTY 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 hislher name and address. Unless further time is granted
by the Mayor, (unless overruled by a majority vote of the Council), the
speaker shall limit hislher 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
Agenda Item 8.e.
Page 7
Policy I Procedure For Conducting City Council Business
Page 2
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.
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 Tem to attend a
meeting of the City Council, the Members present shall select one
Member to temporarily preside.
Agenda Item 8.e.
Page 8
Policy 1 Procedure For Conducting City Council Business
Page 3
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.
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.
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.
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.
Tie votes shall be lost motions.
Tie votes on the appeal of a Commission/Board/Committee or staff
decision sustain the action of the CommissionIBoardlCorr~mittee, or staff.
Every Council Member, unless disqualified by reason of a conflict of
interest or as otherwise provided by law, shall cast hislher vote upon any
matter put to vote by the legislative body.
Any Council Member who abstains from voting without a valid reason shall
be deemed to have voted with the majority on that particular issue.
A Council Member who publicly announces that helshe is abstaining from
voting on a particular matter for specified reasons shall not subsequently
be allowed to withdraw that abstention.
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.
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.
Agenda Item 8.e.
Page 9
Policy I Procedure For Conducting City Council Business
Page 4
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 hidher 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
I Hall and/or the Council Chamber, and posted on the Citv website.
7. COUNCIL MEMBER REQUESTS
A. 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, a Council
Member may place the request on the City Council Agenda by notifying
the City Manager by 12:OO p.m. on Thursday prior to the City Council
meeting. The request will then be identified on the Agenda along with the
name of the Council Member making the request.
B. 'The City Council may conduct limited discussion regarding the request
and provide direction, but no formal action may be taken regarding the
topic of the request.
C. If a majority of the City Council concurs with the request, staff will respond
appropriately.
D. Any City Council Member may make an announcement that does not
involve discussion or direction to staff during the Council Communications
portion of the meeting.
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.
Agenda Item 8.e.
Page 10