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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