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HomeMy WebLinkAboutResolutions 89-255 N.C.S. 08/21/1989 Resolution N®. 89-255 N.C.S. of the City of Petaluma, California RESOLUTIOPd REVISIPTG RULES OF PROCEDURE FOR THE PETALUNIA CITY COU1dCIL A1dD REPEALIPiG RESO. 86-340 1VCS BE IT RESOLVED the City Council hereby adopts revised Rules for Proceedings of the City Council attached to this resolution as Exhibit A. BE IT FURTHER RESOLVED that Resolution 86-340 NCS is hereby repealed in its entirety. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (~o~t~~~~ ,g• on the ..-..-.2.1-s.t.----.... day of .....................August......................, 1989.., byt~the ' ~,.~ following vote: L._.v.- --•- ---- ------------------•---•- •tt Att rney AYES: Woolsey, Cavanagh, Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligos NQES: ~ ABSENT:Ten r ~ ''~ 4 ` ATTEST: .---- --- • ................... ... ... ...... .- --........................ ..........- .-~ ..... -- -....-----........ ---- ••"•'•"-•---•-• City Clerk Mayor Council File......--------......-----..-.--.. ' ~'~ ~ CA 10-85 Rcs. No....H9,-.25.5........ N.C.S. 1 RULES FOR PROCEED'ING;S OF THE CITY COUNCIL 2 3 I. MEE'I'I1V`G`:S . 4 1. Regular meetings -Adjournment 5 6 Regular Council meetings hall be held on the first and third Mondays of 7 each month, commencing at seven-thirty p:m.: When any such Monday is s a 1'egal holiday, tfie: regular meeting thereofshall be held on the next 9 following day not :being a legal' holiday of t'he same hour. 10 11 It shall be the intent of the Council to adjourn all meetings by eleven p.m. 12 of the meeting night. Matters .not reached or completed by eleven p.m. 13 ~ will norm. ally be continued to the next adjourned or regular meeting. 14 15 2. ~necial m~eeti-n~s~ 16 17 Special meetings may becalled by the Mayor or by three other members 18 of the -City Council. At'the request of the 1Vlayor or three other members 19 of the Council, the City Clerk shall prepare a notice of each special r 20 meeting, ahowng the time, place: anal object t ereof, which notice shall be 21 delivered to the Councilmembers at their residences at least twenty--four 22 hours before-meeting time, unless Cou cilmernbers sign a waiver of 23 notice as auth:orized'by State law, The only subjects which may be acted 24 upon a a special meeting of the Council shall.be those mentioned in the 25 ~ notice thereof. 26 27 3. Adjourned meetings 28 29 :Any meeting of the Counc may be continued or adjourned from day to 3o day., or for more than one day, but n'o longer than~until the next, regular 31 meeting. Such adjournment shal be pursuant to the directions of the 32 ~ Presiding Officer, or upon vote ,by a majority of those present at the 33 meeting to be adjourned. It is not n:ecessa.ry that a quorum be present for 34 the purpose of adjourning a meeaing of the City Council to a later date, 35 36 Exhibit A 1 of 10 pages 4. Study session The Council may from time to time meet in.study sessions open to the public and news media, the time and place to be designated by the Mayor, Notice of such sessions will be given at the prior Council meeting. or by the City Clerk to those news media who have requested notice in writing at least twenty-four hours in advance of such meeting. Study sessions shall be devo"t~ed to the exchange of information deemed essential before a regular Council meeting: No formal vote or official action shallbe taken at the Study 'Sessions, but members of the Council in attendance=shall be entitled to express, their opinions of any matter under discussion; ,providing, however, that nothing: in this section shall prevent a polling of the Council or the taking of any riformal vote or consensus in any matter under discussion. The participation of the public in such sessions shall be.within the discretion of the Presiding Officer and subject to Council concurrence. Study sessions need not be so designated., but may be called idea sessions, information sessions; workshops, etc. 5. Loca ion All Regular meetings of the City .council shall be held in the Petaluma City Hall, except when a different place is agreed upon by a majority of the Council or providedfor in these rules. II. OFFICERS AND MEIVI~ERS 1. Presiding officer -designation The Presiding Officer of all meetings of the City Council shall be the 'Mayor or, in the Mayor's absence, the Vee President, who may, for all ceremonial purposes, be called the Vice Mayor of the City,.. as provided in Sections 20 and 21 of the City Charter. The Presding.Officer may introduce or second and debate any matter before the Council from the chair. Exhibit A 2 of 10 pages; 2'. Duties of Presiding Officer Decorum and :order shall b;e preserved by the Presiding Officer, who will also decide all questions of order, subject to appear to the Council. If a member transgresses the rules. of the Council, the Presiding Officer shall, or any member may, call him/her to order; in which case, upon order of t`he Presiding Officer., such member shall relinquish the floor, unless permitted by the; Presiding Officer'to explain. The Presiding Officer shall control time of individual presentations in accordance with these rules. 3. Selection and terms of Vice M~~yor The Council shall elect one of its members as Vice Mayor who shall serve for a period of one year or until a successor is selected and qualifies. No member of the Council shall serve consecutive terms as Vice Mayor. 4. Clerk -Duties The City Clerk shawl be the Clerk of the City Council, whose duties at Council meetings hall be as follows: A. Call and record, the names of the members present; B. Keep and record aYll minutes of the meetings of the City Council; C. Read and' present all communications and written reports, proposed resoi.utions and ordina-races; D. Record the yes and no: votes ,of the members of the Council on all resohutions arid' ordinances introduced and adopted; E. Perform such other duties as sball be directed by the City C'ouncl.. The Clerk shag prepare an agendafor each regular or special meeting describing each item of business to be considered, and will furnish a copy of the agenda to the Mayor, each Counclmember, City Manager, City Attorney and Department Heads, prior to the meeting. The City Clerk shall post the agenda in a public area 96 hours prior to each Regular and Adjourned meeting. Agendas for Special meefings shall be posted 24 hours prior to the meeting. Exhibit A 3 of 10 pages 5. Temnorar~ chairman At any meeting at which the Mayor and Vice Mayor are absent, the City Clerk shall call the meet"ing to order and call the roll, If a quorum is pre-sent, the Council shall. select, 6y majority vote of those present a temporary chairman, who will perform the dutie of the Presiding Officer until either the 1Vlayor or Vice 1Vlayoi appears. 6. Seatin~arrangeme t Members of the, Council shall occupy the seats in the Council Chambers assigned to the' by the Mayor; but any two or more members may exchange seats by mutual agreement 7. Exeusal from attendance No member shall be excused from attendance at a Council meeting, except upon. no ification to the City Clerk or City Manager. 8. Excusal during Council session No member may leave the Council Chambers during a regular session without permission of the Presiding Officer, unless he/she steps down because of a conflict of interest:. III. CONY»<JC'Y' OF ~JSINESS 1. Agenda The business of all meetings of the C'ounc'il will be transacted in the order set out upon the .agenda, and shall include the following 'items of business, as applicable. A: Roll call of mem~b.ers; B. Reading of minutes of preceding meeting; C. Public comment; Exhibit A 4 of 10 pages D. Council comment; E. Consent calendar; F. Consideration of unfinished business; G. Petition and commun-icatons; H. Public hearings; I. Staff and Council Reports; J. C'onsiderat,on. of New business; K. Closed Session; L. Adjournment Minutes The read°ing of the minutes of the preceding meeting maybe dispensed with u~nle,ss required on a vote of `the majority of members present. If no objection to the minutes- is made, the same will be deemed approved., Consent. Calendar Items which are noncontroversial, which have been reviewed' by the Counc'1 and staff and' which have been made available, to members of the news media and'th'e public at Council meeting shall be grouped togefher and listed under the Consent. Cale-radar. Adoption of the: Consent Calendar wild be made by one action only of the Council. The Presiding Officer shall first advise fhe audience that the Consent Calendar mat"tern shall be adopted in toto by o-ne action of the Council unless any Counclmember has a question on~an i,te,rim. In that event, the Presiding', Officer may defer action .on the pa'rtieular matter or matters and place the same on the regular agenda for consideration in any order he/she deems appropriate: Agenda Order The order of the agenda shall be established by the City Clerk, who may fix,~a time for public hearings at a;later time 'i_n the meeting than its commencement. Any item except a public hearing noticed fora particular time maybe taken. out of order upon direction of the Presiding .Officer, unless a majority of the Council presents directs otherwise. Exhibit A 5 of to pages: ,Agenda PoStiri~ The agenda for a,Regular or Regular Adjourned meeting must :be posted in a place accessible to the public for 96 consecutive hours prior to the meeting. The posted agenda must include all, items to be 'transacted or d'i'scussed'. However; there is no specific prohibition.of diseuss~on. of items' not on the agenda. The City Council. is propilited from taking any action on any item not 1-fisted in the agenda, unless anyone of the follow-rig condi"tions exist: (a). Upon, a determination by a majority vo e of the legislative body that an emergency situation exists. (b). Upon a determination by a two-t?hi~r'ds vote of the legislative body; or, if less than'two-thirds of the members are present, a unanimous voce of those members present,. that the need to take action. arose subsequent to the agenda beng'posted. (c). The item was posted for a prior meeting of the legislative body occurrngriot.more than five calendar days prior to the date action was taken o,ri the item., and at the prior meeting the item was continued to the meeting atwhic~h action i~s being taken. "Action taken" is defined under the Brown Act as follows: 'col_lective decision made by a major y of the members of a legislative body, a co lectve commitment or promise by a majority of the legislative body to make a positive or a negative decision, or an actual vote: by a majority of the members of the legislative body when fitting as a body or entity, upon a motion, proposal, resolution, order or ord°riance'. 2. Addressing Council -Public Comment The agenda will contain an item when the public may address the Council..(1) Items of interest to the public and {2) W~thri the sub.~ect :matter jursdict-ion of the legislative body. The maximum time for this. agenda'tem shal'1 be 1`5 minutes. `The P "residing Officer shal'1 determine the number of persons wishingto~sp:eak and establish time limits .of 5 minutes maximum'f'or individual presentations. Exhibit A 6 of 10 pages 3. Permission required - To address Council No person other than a member of the. Council or a City official will be permitted to address the Council unless he is introduced or perm-fitted by the Presiding Officer, or a member of the Council requests the Presiding Officer to permit such person to address the Council. Persons addressing the Council shall furnish the City Clerk with their names and addresses. 4. Time limit on addressing Council - Generally Persons who address the Council under specific agenda items will be .limited to ten minutes, unless specific extension is approved by a majority of members present. IV. RIJi.ES OF COUNCIL. Amendment or adopfon of rules The rules of. this article may be amended or new rules adopted by resolution. 2. Change of rules of Council Any provision of the rules in thus article not governed by the Charter may be temporarily changed at any meeting of the Council, by a majority vote of all members present. The vote o~n any such change. shall be taken by a roll call and .entered upon the record`s. 3. Introducing an ordinance - Prn>ting or posting An ordinance or resolution shaATl be deemed to have been introduced when it i filed with the City Clerk and moved and seconded by different members of the Council at any regular meeting or at a special meet'.ng called°for the purpose of iritroducin,g the ordinance. The Clerk shall note the name of the persons moving and se'eonding the proposal in the minutes. Exhibit A 7 of 10 ,pages The Clerk shall' present an ordinance f'or introduction at the proper time, at ' which time a vote of the members shall determine whe her the. ordinance s all be printed or posted, as required by Section 45 of the City Charter. 4. Withdrawal of ordinance An ordinance may be withdrawn at any time before it is acted upon by the Council only with the consent of the members moving and seconding its adoption. 5. Introducing .ordinance or resolution out. of regular order The Presiding Officer may at any time -permit a member to introduce an ordinance or resolution out of the regular order. 6. Introducirg resolution`;,~ublication orpostin~ A resolution may b.e introduced and seconded by different members of the Council and acted upon at the same .meeting. It need not be published or pos ed. 7. Withdrawal of .resolution prior to act°on upon b~y Council A resolution maybe withdrawn only with the consent of the members moving and seconding its adoption, at any time before it is acted upon by the. Council. 8. Resolution to lay on table -Resumption A resolution to lay on the table any matter will preclude all. amendments or debate on the subject concerned. If the resolution prevails, consideration of the subject of the resolution laid.on the ta'b'le may be resumed gnly upon motion of a memberwho voted in favor of the resolution o lay on the table. Exhibit A. 8 of 10 pages 9; Reconsideration of question After decision by the Council on any question, except the adoption of an ordinance, any memher who voted with th'e majority may move a reconsideration of any action at the. same or next succeeding, meeting, and the vote shall be held thereon, at the next succeeding or regular meeting not less than one week thereafter, provided, however, that a resolution authorizing or relating to .any contract maybe reconsidered at any time before the~final execution thereof. A motion to reconsider will require the. same number of votes as is required to adopt an ordinance or resolution. After a resof'utionfor reconsideration has once been acted upon no other motion or resolution for a reconsideration thereof will be made without unanimous conseni of the members present. 1.0. Tie votes on'proposal Incase of a tie inwotes on any proposal, the proposal is considered lost. 11. R'~i~ht of annealfrorn Presiding Officer's ruling. Any member may appeal to the Council from a.ruing of the Presiding Officer. The member making fhe appeal may state briefly the reason for same, and .the Presiding Officer may state briefly the basis for the ruling; but, there will.be no debate on the appeal,. and no other member may participate in the discussion. The Presiding Officer will then put the question, "W'il'l. the decision of fhe chair be sustained?" If a majority vote "yes" the ruling of the Presiding Officer prevails; if otherwise, it is overruled. 12. V in Every member presentwhen a question is put, including presentation of a resolution for adoption, should vote either "yes" or "n". Exhibit A 9 of 10 pages. At the beginning of any agenda item where a member has a financial inte-rest in the question within the meaning of Government Code 87100 the ~na~~ture and extent of the financ~i~al ~~i~~nte;res;t~shall be disclosed immediately and the Council member shall leave the dais thereby absenting hi'rnseTf/he,rseIf from consideration of the item. The City Clerkahal`l reeo_rdhs/herwote a~s an abstention. "In all other cases, whenever a member refuses to vote, the City Clerk shall cast a vote of "yes" for;such member. 13. Right to dissent or protest Any member has the r'gh to express dissent from, or protest against any ordinance or resolution presented to or adopted by the Council, and have the reasons therefor entered' upon the journal of the Council's proceedings. Such dissent or protest must be in writing, couched in respectful language and presented to the Council not later than the next regular mee ng following the date or passage of the action objected to. 14. Motion to vote immediate-ly A'ny Counclmember; when recognized by the Presiding Dfficer; may .move to vote immediately. Upon such motion, if seconded, all discussion shall be terminated and a vote taken on the motion. A vote of five Council members (or if less than a full Council is present., two thirds). is necessary t9 sustain the motion. If the m'o ion carries.;. .the vote on the proposal before the Council sha~Tl be taken immediately, without further discussion. cerules/elect Exhibit A 10 of 10 pages