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HomeMy WebLinkAboutResolution 8439 N.C.S. 02/05/19798439 :PLK:mi 1-5-79 Resolution No... :...........:........N. C. S RESOLUTION' ESTABLISHING RUAES FOR PROCEED OF THE CITY COUNCIL .INTRODUCED. BY, COUNCILMAN---............................. :.ROBE$T... DALY ....................................... :......................... and SECONDED BY'COUNCILMAN--- ----- -- aI ANJES h_ - T1 13BE OhI at a ................................•-----------•---------•----------...................:------------------ EPE GZAL IVleeting of the City Council of the City of Petaluma,, on the ............... 5th ................. day of........... :E'ebxuar'= = = = ....,., 0_29., BE IT RESOLVED that the rules.set.out in that certain document entitled "Rules of Operation and Procedure, Peta- luma, California" and dated February .5, 1979, are hereby adopted pursuant.to Charter Section 39;as rules of proceed- ings of the City Council. BE IT FURTHER RESOLVED that the City 'Council shall keep a, copy of said Rules on file .at all times for examiantion by the public, and shall provide _copies of °same to all interested persons, upon. payment of the applicab=le, copy fee°, therefor. BE IT FURTHER RESOLVED that future amendments to the official text of said rules may be interlined in the text there- of, for use by the public, and City staff and the City Council,. but such amendments shall'be dated'and the adopting resolution number noted therewith. under the power` and authority conferred: upon, this.Council by the Charter of said City. I hereby certify; that the foregoing Resolution was duly and regularly, introduced and 5th adopted by•the Council of the City of Petaluma on the .._._ ........ ................ day of....Eebruar_y...................................... 197.9_ ............ by the following,- votes: AYES: Councilmen Balshaw, Bond, Cavanagh, Daly, Ha"rberson, and Mayor Hilligoss.° NOES.- None. ABSENT:' ATTEST: FORM CA 2 7 /74 P'LR:kl Z-5-7:9 RU ' PROCEEDINGS 0 � _- � Y COUNCIL LES FOR F THE���:CI:T_ I MEETINGS FYLE COUNCIL'_ Rgs. NQ• 1 ul°ar meetings - Adjournment. . Reg g_ Regular. Cb;uncil, meetings shall, be held on the first and third Mondays,o'f,each month, commencing at seven p.m. When .any,;, such Monday is a legal holiday, the regular meeting thereof -shall be held on the next following day not being' a egal holiday at the"same hour. It shall be 'the .intent of the Council, to adjourn all y ":, , p • ti.ng ' e mee;' le : night. Matters meetings b e ven m. of th not xeached or completed by e.leven,p.m. will normally be continued to the, next adjo:urned,,or,regular meeting. 2.. Spec-almeetings. Special meetings may be called. .by the Mayor or by four other member of the City .Council. At;th'e request of. the, Mayo's or, four- other members of the Council, the City Clerk shall -prepare a notice of, each special meetin ;showing , the time, place and, object thereof, which notice, shall be personally served upon all of- the members f. the City .. memb it Council, or mailed to them at their. t twent, :four hours before asa known address;e ,y s;_ a� least .. _ ;g. Y p g y, b , at any- time � ,time. An:. s. _,ec.ia1 meeting ma�..�� be 'held. time or,, place upon the. unanimous, .writ:ten , consent *of all of the "triembers of, the Council.. :The only subjects ',which ( y be' a: ted' p special meeting',ot the Council ma ted' u; on at a. shall be those men1. tioned -iri th'e ,n once: thereof 3.. Adjourned meetings, Any. "meeting of the Counc may, be continued, or.Adjourned -1- from day to d'ay, or for more than one day, but not longer .than, until° • the . next regular- meeting Such adjournment shd1l `be pursuant to "the directions of the presiding ,officer, or upon voted by .a majority of those present at the. meeting to be °adjourned,. It is not necessary that a. quorum be present for the purpose of adjourning a meeting of the City, Council to a later date.. 4.. Study session. The Council: may from time to time;mee.t 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-meeaing. Study sessions shall be devoted to the exchangeof� information deemed essential before a regular Council meeting. No formal vote.or official action sh'all be taken at the study session, but members of the Council in attendance shall be entitled to express their opinions of any matter under discussion; Y providing,,, however, that nothing in this .section shall prevent a,polling of the Counci1 l or the taking of any informal Vote or consensus in;any matter under discus- si:on. :'The' participation of" the Public In, such sessions shall be within the discretion of th'e'presiding officer. Study secs -ions need not be so designated, but may be call -ed idea sessions, information sessions, etc. 5. Location,. A'l1 "meIe:t ngs of the City Council shall ,be held in the Petaluma City' Hall,,. except when a different place is unanimously agreed upon b y the Council, or provided for in these rules. r,,.- -2- II. OFFICERS AND MEMBERS, 1 Presiding .officer . designation;., The presiding ;officer of al -1 meetings of, the City Council 'shall. be "the Mayor or,, in the,Mayor's absence, the Vice President, who may', for -a1,1. ceremonial pur- poses,;be cal led _the Vice Mayor of the. City, as pro- vided in- Sections 20 and 21 of the. City Charter. The presi61°ng officer may debate -:any matter before the Council from the°`.chair. 2. Duties of presiding officer.; Decorum -,And order shall be preserved.by the presiding officer, who wi-11 also ,decide aT.1 questions of order, subject 'to appeal to the Council. If a member trans- , the rules of the Council, the presiding officer shall, or° any member may, c_al,l -him to order, in which case,, upon order of the presiding officer, such member shal'1 relinqu-ish the floor, unless permitted by the presiding," cff`icer to explain.. " 3. Selection and terms of Vice Pre`s,ident '(Vice Mayor). The Council stall elect one of. its -members as Vice - President ("Vice,'Mayor) wh'o shall serve for a period of one ea°r, or until a successor ,Y is: zelec'rtred and qualifies. No member of the Council shall -serve consecutive terms "as Vice -President (Vice Mayor) Clerk' - Duties. it• Cle T C`' y rk shall be the clerk of'the City Council, he whose duties at Council meetings shall be as follows: A. Call and record the names of the members present; B. Keep and record all, minutes of the meetings of the City .Counc:il.; C. Read and present all communications and written reports', proposed resolutions and ordinances; D. Record the aye and no votes of the members of the Council on'all resolutions and ordinances intro- duced and adopted; E. Perform such other duties as shall be directed by the City Council. The Ci,ty•Clerk shall have the authority to designate some other person to attend a meeting of the City Council and perform the duties of the Clerk, subject to disapproval by the presiding officer. 5. Temporary chairman. At any meeting at which the Mayor and Vice President (Vice Mayor) are absent, the City Clerk shall call the meeting to order and call the roll. If a quorum is present, the Council shall select, by majority vote of those present, a temporary chairman, who will perform the duties of the presiding officer until either the Mayor or Vice President (Vice Mayor) appears. 6. Seating arrangement. Members of the Council shall occupy the seats in the Council Chambers asssigned to them respectively, by the Mayor,; but any two or more members may exchange seats by mutual agreement. 7. Excusal from attendance. No member shall be excused from.attendance at a Council meeting, except upon notification- to the City Clerk. 8. Excusal during Council ession. No member may leave.the Council Chambers during a regular session without permission of the.presiding officer, unless he steps down.beca;use of a conflict of interest. 9. Preparation of agenda. The Clerk shall ;prepare an agenda for each regular or special,peeting, describing each item of business to be considered, and will furnish 'a copy of the agenda_ to the Mayor,' each Councilman,City Manager and the City Attorney, prior to the meeting.' 10. Consent calendar. Items which are noncontroversial which have been re- viewed by the Council and staff and which have been made ava-iTab,l.e to members of the news media and the public at Council meetings shall be grouped together and listed under the consent calendar. Adoption of the consent calendar will be made:by one action only of the Council. The presiding officer shall first advise the audience that the consent calendar matters shall be adopted. in toto by one action of the Council unless any Council member, or any organiiation.interested in any matter appearing on,.the consent, calendar has a question about the „same or wishes to make a,statement about the same. In that event the pres'iding,officer may defer action On, the particular matter or matters and place the ,same on.the regular agenda for consideration`in any order'he-deems'appropriate.. -5- III. CONDUCT OF BUSINESS 1. Agenda. The business of all meetings of the Council 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 members; B. Reading of minutes of proceding meeting; C. Consent calendar; D. Petition and communications; E. Public hearings; F. Reports of 'City officials; G. Introduction of ordinances, H. 'Adoption of ordinances; I. Consideration of new bus'ines's; J. Consideration of unfinished business; K. Adjournment. The reading of the minutes of the preceding meeting may be dispensed with unless required on a vote of the majority of members present. If no objection to the minutes is made, the same will be deemed approved. The order.of. the agenda shall be established by the City Clerk, who may fix a time for public hearings at a later time in the meeting than its commencement.. Any item except a public hearing noticed for a particular time maybe taken out of order upon direction of the presiding officer; unless a majority of the Council present directs otherwise. An item not upon the agenda may be added'to the agenda of any meeting, except a special meeting, by the pre- -6- siding officer, unless objected to ,by a member of the Council present. 2. Addressing Council - Generally-' At the conclusion, each regular meeting of the Coun- cil . cil; they Mayor shall ask whethe.rc anyone, present wishes to, addres's the Council on any matter pertaining to the business of' the Council or the :Ci"ty's welfare. 3. Permission' required,`- To address Council: No ,person lother than a memberof , the Council or a City" official will be permitted'to address the Council, unless he is intr-oduced.or-permitted by the presiding officer, !or a member of the Council requests the pre- siding officer to. pent such 'per"son 'to address the Council. 4. Time limit on. -addressing Council Persons who,address, the Council will bel l mited to ten minute's,,. 'unle;s`s :,spedi sic erten°s;ionis approved by a majority �'bf members present. " IV. RULES OF`COUNCIL 1. Amendment or, adoption of; rules,., The rules, of this, article may be amended ,or new 'rules adopted by resolution. 2`.' Cha nge•of' rules, of Council,. Any provision, of the rules in this article not governed by the Charter may be temporarily changed at any meet- -7- ing of the Council,'.by a majority wo,te;of all members present. T e on.°any change shall be taken by The vote such a roll call < and entered upon`, the, records., 3. Introducing an ordinance:-- Printing or posting. An ordinance or resolution 9 -hall be deemed to have been introduced when it is filed with the City. Clerk and moved and seconded by different members,.of the Council at any regular, meeting or at,a special meeting called for the purpose -of introducing th'e,ord`inance. The Clerk shall -note the name of' the persons moving and seconding the proposal; in the minutes. The Clerk shall u present a n ordinance for introduction at the proper time, at which time a vote of the members shall deter- mine whether the ordinance ,shall be printed or posted, as required, by.. Section 45 -o'f the City Charter. 4. Withdrawal of -:ordinance. An ordinance,,y y`with the consent of ma be withdrawn on1 the.members.moping and,seconding:its adoption, at any time before it. is acted upon�-by`the Council. 5. Introducinq ordinance or tesolut -Oh. 11 of`regular order. The presiding officer, may at, any, time permit a member to introduce an ordinance or resolution out Of the °regul:ar order . 6. Introducing resolution; publication or' posting,. resolution may be introduced and ;_s A econd'edy different b members of the Council and,•acted upon at the same meeting. It need not be published or posted. -8- Mr a Withdrawal of r-esoluton prior to action upon by Council. A resolution may.be withdrawn',only with the consent of the member's -moving and Iseconding"its adoption, at any time before i`t is acted upon by the Council. 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 table may be resumed only upon motion of,, a. member who 'vo'ted in, favor of the resolution to lay on the table. Reconsideration of question. After decision by'.the Council on'lany question, except the adoption of an ordinance, any, member who voted with the 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 suceeding or regular meeting not less than one week thereafter, provided, however, that°`a resolution authorizing or relating to any contract• may be, reconsid'ered-'at any time before, the final execution thereof. A ;mot- oiz to reconsider will require the same number of votes as.is required to adopt an ordinance or resolution. After .a resolution for reconsideration has once.been acted upon no other motion or reeohuti.on-for a reconsideration thereof will be made without unanimous consent of the members present. 1,0.' Tie votes on proposal. In case•of a tie in votes on any proposal; the proposal is considered lost. ME 11. Richt of appeal from pressid° riq of'ficer's rulin Any member may appeal,,to the.Council from a ruling, of the presiding officer. The member making the appeal may state briefly his reason for the same, and the presiding-offcer may state briefly -the basis for his 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, "Will the decision,of the chair be sustained?'" If a majority vote "yes;,." the ruling of the presiding officer prevails; if otherw•s„e;, it is overruled. 12. Voting. Every member ,present when a question is,put, including presentation of a resolution for adoption, should vote either "'yes,'' or "no.” Whenever a member has a financial, direct or indirect personal interest -of a noncontractual nature in the question and,has fairly disclosed the extent and mAture of his interest,_in an open meeting, the member polled, in such instances only, shall absent himself from consideration'of the item, recorded as an abstension. In all other cases, whenever a member refuses to vote, the clerk shal.J,thereupon cast a vote of "yes" for such member, 13. Right to dissent or, protest. Any member has the right to express dissent from, or 4. protest against any ordinance or.re.sol,ution,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 meeting -10- following the date or, passage of' 'the action objected to. 14. Motion to vote immediately. Any council:man,, when recognized by the presiding officer, may move to vote. immediately. Upton such, motion, if seconded,,,,,alI ��d zcussion shal:l, �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 11 to sustain the motion: If the motion carries,, the vote on the proposal before the council shall be taken immediately, without further discussion.