HomeMy WebLinkAboutStaff Report 4.H 06/01/2015Agenda Item #4.H
DATE: June 1, 2015
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TO: Honorable Mayor and Members of the City Council
FROM: John C. Brown, City Manager
SUBJECT: Resolution Approving Temporary Suspension of City Council Rules, Policies and
Procedures Regarding Teleconferencing
RECOMMENDATION
It is recommended that the City Council consider adopting the attached Resolution to
Temporarily Change the City Council Rules, Policies and Procedures Regarding
Teleconferencing.
BACKGROUND
The City Council has adopted the City Council Rules, Policies and Procedures to dictate the
conduct of its meetings, including the development and ordering of the agenda, the participation
of the members, and exceptions. Rules regarding the agenda, including how items may be added
after a proposed agenda has been approved, are found in Section II. Section II also addresses
what constitutes a quorum, and provides for remote (teleconferenced) attendance of members
under certain circumstances.
Rule II (A) (3) states that after the draft agenda is approved by the City Council, the City
Manager shall place items on the agenda when he determines, with the concurrence of the City
Attorney, a need exists for that item to be placed on the agenda. Items added in this manner shall
be addressed by the Council at the City Council meeting. Rule II (G) allows City Council
members who are more than 50 miles outside City limits to participate in meetings via telephone,
provided applicable notice requirements of the Brown Act have been met.
Pertinent to the Council's consideration of this item are two other provisions of the Rules,
Policies and Procedures, both found in Section IX. Rule IX (B) allows for Temporary Changes
of the Rules, and states that any provisions of the rules not governed by the City Charter or
controlling State law may be temporarily changed at any meeting, for only that meeting, by a 4/5
vote of the Council members present. Rule IX (C) recognizes the Rules are adopted to expedite
and facilitate the transaction of City Council business, and provides they are deemed to be
procedural only - such that failure to strictly observe any Rule shall not affect the jurisdiction of
or invalidate any action taken by the Council.
DISCUSSION
Mayor Glass will be unable to attend the June 15th Council, for medical reasons, and has
requested that he be allowed to participate in the meeting by teleconference from his home,
which is within the fifty mile limit specified by Rule I (G) (Attachment 2). That request was
made after the City Council approved the tentative agenda for the June 1, 2015 meeting. Rule IX
(B) allows the Council to approve that request, with a 4/5 vote of the members present, although
a strict interpretation of the rule would require the vote to occur at the same meeting the change
is effective; June 15, 2015. As Rule IX (C) allows for deviation without invalidating Council
actions thus taken, the Council can choose to approve on June 1, 2015 changing the distance
requirement for telephonic participation for Mayor Glass, for the June 15, 2015 meeting.
This item has been added to the agenda for June 1, 2015 pursuant to Rule II (A) (3) as the
Mayor's request must be considered prior to the June 15, 2015 meeting. Approving the Change
on June 1, 2015 will allow the City Clerk to prepare an agenda for the June 15th Council meeting
that properly lists the teleconferencing notice, and for Mayor Glass to post an agenda at his
residence 72 hours in advance of the meeting, to satisfy Brown Act requirements. The attached
resolution approves the Temporary Change for the June 15, 2015 meeting.
FINANCIAL IMPACTS
None.
ATTACHMENTS
1. Resolution
2. Written request from Mayor Glass
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ATTACHMENT 1
RESOLUTION APPROVING TEMPORARY CHANGE OF CITY COUNCIL RULES,
POLICIES AND PROCEDURES REGARDING TELECONFERENCING
WHEREAS, the City Council adopted Rules, Policies and Procedures on January, 28,
2002 and last amended them October 18, 2004; and
WHEREAS, Rule II (A) (1) requires the City Manager to prepare a draft agenda for each
regular meeting; and
WHEREAS, Rule II (A) (2) requires a majority vote of the City Council to approve the
draft agenda at the preceding meeting, and the City Council approved the draft agenda for the
regular meeting of June 1, 2015 on May 18, 2015; and
WHEREAS, Rule II (A) (3) allows the City Manager to place items on the agenda when
he determines, with the concurrence of the City Attorney, a need exists for that item to be placed
on the agenda; and
WHEREAS, Rule II (G) establishes the ability of Councilmembers to participate in a
Council meeting by teleconference, when they are at least fifty miles outside of City limits; and
WHEREAS, Rule IX (B) allows for a Temporary Change to the Rules, Policies and
Procedures provided the Change is approved by at least a 4/5 of the Council members present;
and
WHEREAS, Rule IX (C) provides that deviations from the Rules shall not invalidate
actions thus taken; and
WHEREAS, Mayor Glass is unable to physically attend the June 15, 2015 Council
meeting and has requested a Temporary Change of the Rule II (G) to allow him to teleconference
from within Petaluma City limits; and
WHEREAS, consideration of the Mayor's request is necessary prior to the June 15, 2015
meeting so that proper noticing of teleconferenced attendance can be given pursuant to the
Brown Act; and
WHEREAS, the Mayor's request was received after the draft agenda for the June 1,
2015 meeting was approved by the City Council; and
WHEREAS, the City Manager and City Attorney have determined and concurred that
need exists to place the Mayor's request on the June 1, 2015 agenda.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
that Rule II (G) concerning teleconferencing is temporarily changed to read as follows:
"Council members may participate in Council meetings by teleconference, provided that
the Ralph M. Brown Act and other applicable provisions of state law are complied with. "
BE IT FURTHER RESOLVED that such temporary change shall only be effective for
the regular City Council meeting of June 15, 2015.
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ATTACHMENT 2
From: Dave Glass [mailto:daveglass @comcast.net]
Sent: Tuesday, May 19, 2015 9:06 PM
To: Crump, Katie
Subject: Seeking the ability to participate by telephone from my home for the June 15th city council
meeting due to surgery which will make it difficult for me to attend in person.
Please consider this a request from the Mayor to have the city manager add to the June 1St agenda
a change in council rules temporarily suspending the Council rules regarding teleconferencing
on a one -time basis for the June 15th meeting. As I will be having surgery on June 3rd and
anticipate it to be very difficult to travel without assistance I would prefer the opportunity to
participate in the June 15th meeting on a one time basis from my home by telephone. All aspects
of the Brown Act will be complied with. Thank you for your assistance in this matter.
Sincerely,
David Glass
Mayor City of Petaluma
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