HomeMy WebLinkAboutResolution 90-033 N.C.S. 01/16/1990~~- - JAN ~ 61990 2 "
R~SOIUtI®11 Nom. 90-33 N.C.~.
of the City of Petaluma, California
RESOLUTION REVISING RULES OE PROCEDURE
FOR THE PETALUMA CITY COUNCIL
ANI3 REPEALING RESOLU'T'ION 89-255 NCS
BE IT RESOLVED the City Council hereby adopts revised Rules for
Proceedings of the City Council attached to this Resolution as Exhibit A;
and
BE IT FURTHER RESOLVED that Resolution 89-255 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hereby repealed in its entirety.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 ~ ~~~'Approv as to
Council of the City of Petaluma at a (Regular) (A~~~ meeting J ) form
on the ....16 t h ss......... day of --------...~7 azt~.ta.xy ................................ 19.9.Q.., by the ,,~, ~ _j
following vote: '
~ City ~torney
AYES: Tencer, Woolsey, Cavanagh, Balshaw, Davis, Vice Mayor Sobel
NOES: ~ Mayor Hilligoss
ABSENT: 0 ~ ~ ~
ATTEST: -.._ ..: .:.. . ......:... ..... .. ... . ...~~' ....--- .'~~.1
City Clerk Mayor
Council Filepp.....-.._..........° .............
CA 10-85 Res. No.......Z.O.-33,,,,,,,,, N.C.S.
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RULES FOR.PROCBEDING,S O'F THE CITY COUNCIL
I. M'EE'TIN`G'S ~ -
1. Regular meetings -Adjournment
Regular Council meetings shall be held o~n the;first and third'Mondays of
each month, commencing at s'even~~p,.m. When any such Monday':is a legal
holiday, the regular meeting tfiereof'shall.be held:on the.next following'
day not being a'legal; holiday at the s"ame hour.. ,
W~e shall not start a new'agenda tiem, after eleven p.m. without.a vote of
the Council-. Matters no,t reached or comp eted by eleven p.m. will
normally be continued to the next adjourned or regular meeting.
2. Sneciafi meetings -
Special mee.tin"gs:may be called bythe Mayor or by three other members
of the City Co.uncil~.~ At the request of;tlie,M'ayor or three other members
..~
of t'he Council, th,e Gty Clerk s-hall prepare a notice of each special
meeting, showng,the time, place and-object thereof, which. notice shall
- be delivered to'the Councilmembers at their residences at least twenty-
fo,ur hours before meetng time, unless Councilrnembers sign a waiver of
notice as authorized'by. State law. The only subjects which may-be acted
upon at a special,meetng of the Council:'shal`l be those mentioned in the
notice thereof. -
3. A.djou'rned m-eetngs _ , ~ .
Any meeting of the Council may b.e continued or adjourned from~day to
day, or for.more than one day, but:n'ot-longer~ahan until the next regular
meeting. Such adjournment shall lje pursuant to. the directions ~of the
Pre iding Officer, or' upon vote by a majority of those present at the
rmeeting.to be adjourned. It is not necessary.that aquorum be present -
for'the purpose of adjourning a meeting of°the City Councilto a later
date.-
Exhibit A ', 1
~1 4. Study session
2=
3 The Council may from time to time meet in study sessions open to the
4 public and news media, the. time and place to be designated by the
<5 1Vlayor. Not-ice of'such sessioHS wl'1 be given..at t e prior Council
6 meeting or by the City Clerk to those news media who have requested
7 notice inwriti.ng at least twee y-four hours in advance of such meeting..
s S udy sessions shall be devoted to the exchange' of information deemed
9 essential before a,regular Council meeting. No formal vote or official
10' action shall betaken at the Study Sessions, but. members of the Council
11: in attendance sha1T be: entitled to express their opinions of any matter
1z under discussion; providing, however., that nothing in this section shall
1`3 prevent a polling of the Council or the taking of any informal vote or
14 consensus' in any matter under discussion. The ..participation of the
1.5 public in such sessions shall be within the discretion of the Presiding
16 Officer aHd aubj`e;ct to Council concurrence. Study sessions need not be
17 so designated,, but maybe called idea sessions, information sessions,
1.8 workshops,. etc.
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20 5. Location
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22 A11 Regular rn'eetings of the City council _shall.be held in the Petaluma
2'3 Cty.H_al-l, except when a different place ins agreed upon by a majority of
24 the Council or provided f'or in these rules.
25
2.6 II. OFFICERS AND 1VIE1Vd~'ERS
27
28 1. Presidin~.offieer -designation
29
3o The: Presiding Officer of all meetings of the City Council shall be the
31 Mayor or, in the Mayor's abseHCe, the Vice President, who may,., for all
32 cer.emon~ial purposes, be called the Vice Mayor of .the City, as provided
33 in Sections 20-aHd 21 of the City Charter. The Presiding Officer may
34 introduce or second and debate any matter before the CouHCi from the
3 5 chair....
3`6
Exhibi A 2
1 2. Duties of Pre~s'ding Officer
2; Decorum.and order shall be preserved by the Presiding Officer, who will
3 also decide all questions of order; subject to appeal to the Council. If a
4 ~ member transgresse the rules of the Council, the Presiding Officer
5 shall, or any member may, call .him./her to order, in which case, upon
6, order of the Presiding Officer, such member shall relinquish the floor,
7' unless permitted by the Presiding Officer to explain. The Presiding
s Officer shall control time of individual presentations in accordance with
9 these rules.
Zo
11 3. Se ection and terms of Vice Mayor
1.2.
13 'The Council shall elect one of its members~as Vice Mayor who shall
14: serve for a period of one year or until a successor is selected and
15 qualifies. No member of the Council shall serve consecutive terms as
~6 Vice- Mayor..
17
18 4. Clerk - TDutes
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20 The City Clerk:shall be the Clerk of the City Council, whose duties at
21 Council meetings shall be as follows:
22
23 A. Call and record the names of the :members present;
24 B. Keep and record all minutes of the meetings of the City Council;
25 C. Read and present-all communications and written reports,
26 proposed resolutions and ordinances;
27 D. Record the yes and novotes of the members of the Council on all
28 resolutions and ordinances introduced and adopted;
2;9 E. Perform ouch other duties as shall be .directed by the City Council.
30
31 The Clerk shall prepare an agenda for each regular or special meeting
32 describing each item of ,business to b.e considered, and will furnish a
33 copy~of the agenda to the Mayor,. each Councilmember, City Manager,
34 City Attorney and Department Heads, prior to the. meeting. The City
35 Clerk,shall post the agenda in a public area 96 hours prior to each
Exhibit A 3
1 Regular and Adjourned meeting. A.gendasfor Special meetings shall be
~2 posted.24 hQurs~prior to the meeting:
3
4, 5. Temporary chairman
5 At any meeting at which.: the Mayor and Vice 1Vlayor are absent, the City
6 Clerk shall call the meeting to order and call the roll. If a quorum is
7 present; th:e Council shall select, by majority vote of those present a ,
8 temporary chairman; who will perform the duties of the Presiding
9 Officer until etherthe Mayor or Vice 1Vlayor appears.
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11 6. Seatin ag rr.ange~ment
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13 Members of the Council shall occupy the seats in the Council Chambers
14 assigned to them by the Mayor; but any two or more members may
15 exchange seats by mutual agreement
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17 7. Excusal from attendance
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19 No member shall be excused from atteridance at a Council meeting,
20 except upon notification to the City Clerk or City Manager.
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2.2 8. Excusal_during Council session
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24 No member may leave the Council Chambers .during a regular session
25 wit°hout permission of the Presiding Officer, unless he/she steps down
26 because of a conflict. of interest.
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28 -III. CONI3gJC'I' OF BUSIIVES`S
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30 1. Agenda
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32 The business, of all meetings of the Council will be transacted in the
33' order set out upon the agenda, and shall include the following items of
34 business, as ap.pl-icab e.
3 5;
3'6 A. Roll call of members;
Exhibit A 4
1 B. Reading of minute 'of preceding meeting;
2 C. Public comment;
3': D. Council comment;
4, E. Consent calendar; '
5 F. Consideration of unfinished business;
6 G. Pe ition and communications;
7 H. Public hearings';
$ I. Staff and Council Reports;
9 J~: Consideratori of New business,;
10 K. Closed Session;
11 L. Adjournment .
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13 1Vlinutes The reading of the minutes of the preceding meeting may be
14 dispensed with unless required on a vote of the majority of members
15 present. If no objection to the minutes is, made,'the same will be deemed
16 approved.
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18 Consent Calendar I ems which are noncontroversial, which have been _
19 reviewed by the Council and staff and which. have been made available to
20 members of th_e news media and the pubic at Council meetings shall be
21 grouped together and listed.under the C:o,nsent Calendar.. Adoption: of
22 the Consent Calendar~will be-made by one action only of the Council.
23 The Presiding Officer shah~first advise the audience that the Consent
24 Calendar matters shall be adopted in toto: by one action of the Council
25 unless any Co.uncilmemher has a question on ;an item. In that event, the
26 Presiding Officer may defer action on the particular matter or matters
z7 and place the same on the regular agenda for consideration in any order
28 he/she deems appropriate.
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30 Agenda Or.:der The order of the agenda. shall be established by the City
31 Clerk, who may fix.. a time for public hearings at a later time in the
32 meeting than;its commencement. Any item except a public hearing.
33 noticed for a p.arti_cular time may be taken out of order upon direction of
34 the~Pres.idng Officer, unless a majority of the Council presents directs
35 otherwise.
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Exhibit A 5
1 Agenda Posting' The agenda'for aRegular or Regular Adjourned
2 meeting:must be posted in a place: accessible to the: public for 96
3 consecutive hours prior to the meeting. The posted agenda must include ~.
4 all items to be'transacted or discussed'.. However, there is no specific
5' p ohibition of discussion of items not on the agenda..
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7 The City Council is prohibited from taking any action on any item not listed in
s the agenda, unless any one of the following conditions exist:
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10 (a). Upon a determination by a majority vote of the legislative body that
11 an emergency situation exists.
12 (b);. Upon a determination by a two-thirds vote of the legislative body,
13 or, if less than two-thirds of the members are present, a unanimous vote
14 of those members present, that the need toy take action arose subsequent
1:5. to the agenda being posted.
15 (c). The. item was posted for a prior meeting of the legislative body
17 occurring not more thanfiv.e calendar days prior to the date action was
is taken on the item, anal at the prior meeting the item was-continued to the
1.9 m;e.etirig.at which action is being taken.
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z1 "Action taken" is defined under the Brown Act as,follows: 'collective decision
22 made by a.rnajority-of the~.m.embers of a legislative body, a collective
2`3 commitment or. promise by a majority .of the legislative body to make a positive
z4 or a negative decision, or an actual vote by a majority of the members of the
25 legislative body when sitting as a body or entity:, upon a motion, proposal,
26 resolution, order or ord'inance'.
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2s 2. Addressing Council -Public Comment
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3o The agenda will contain an item when the p.ub is may address tike
31 Council. (T) Items of interest to the public' and (2) Within the subject
3;2 matter jurisdiction of the legislative body. `The maximum time for this
33 agenda item shall,be 15 minutes. The: Presiding Officer shall determine
34 th`e number of persons wishing to speak_ and establish time limits of 5
3'5 minutes maximum for individual pre entations.
36
Exhibit A 6.
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3: Permission required - To address Council
N:o' person, other than a -member of the Council or a. City official will be
permitted to address the Council unless hey is introduced or pe:rmi'tted. by
the Presiding Officer. or a~m_ermbeT of the Council requests the Presiding
Officer to permit such peson to address the Council Persons
addressing tfie Council shall.furnish the City Clerk with their names and.
addre ses:
4. Time limit on.addr.essing Council - Generally
Persons who address the Council under specific agenda items will be
limited to ten minutes, unless specifirext'enson isapproved by a
majority of memberspresent.
IV. IZiJI=.ES ®F CO~IJNCI~..
1. Amendment or adoption of -rules
The rules of this article may be amended: or new riles adopted by
resolution:
2: -Change of rules of Council
Any provision of the rules in tfis article not ,governed by the Charter-may
be aemporarily changed apt any meeti 'g; of the Council, by a majority vote
of,al~l inem'bers present. The vote on any such change sha~l;l be taken`by a
roil call, and entered upon the records.
3. Introducing: an ordin~anee - Prnain~ or hosting
An,ordinance or resolution' hall b.e deemed to have been introduced.
when,itFs filed with the City Clerk and moved and seconded by different
members of the Council at any regular meeting or at a special mee ing.
called for the purpose of;intro~ucng the ordinance. 'The Clerk shall.
Exh;bi-t A 7
note the name of the persons moving and;seconding the proposal in the
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minutes..
The Clerk shall present an ordinance for introduction at the proper time, at
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which time a vote of the, members shall determine whether the ordinance
shall 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.
S. Introducing ordinance or resolution out of regular order
Thee Presiding Officer may at any time: p'erm'it a member to introduce an
ordinance or resolution; out of the regular order..
6. Introducing resolution; publication or posting
A resolutior ma_y lie introduced and seconded by different members of
the Counci and acted upon at the same me:e;ting. It need not be
gublis~hed or:posted.
7. Wit°hdrawal of resolution prior to action upon by Council
A resolution may be wi~thd'rawn only with the consent of the members
moving and seconding its adopt'ion;, at any time `before it is acted upon by
the Council.
8. Resolution today on able -~ Resump ion
Air-esoluton 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 mot_i_on of a member who voted in favor of the
resolution to lay on the table:.
Exh~ib'it A 8
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2 9. .Reconsi'd`eration of question
3' .
4 After decision by the Council on any question, except the adoption of an
5 ordinance, any member who voted with the majority may move a
6 reconsideration of any action at the' same or next succeeding meeting,
7' and the vote shall be. held thereon, at,the next succeeding or regular
meeting not leas than one week thereafter, provided, however, that a
,9 resoiutign authorizing or relating to any contract maybe reconsidered at
10 any time before the final execution thereof. A motion to reconsider will
1T require the same number of votes as is r-equired to adopt an ordinance or
12 resolution. After a resolution for r.econad:eration has once been acted
1,3 upon no other rrio:tion of resolution for a re.consideration thereof will be
14 made withoutunanmoua consent of the members present.
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16 10. Tie votes on proposal,
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1'8 In case of a tie in votes on any proposal; the-proposal is considered lost.
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20 11. Ri hg t of. appeal from Presiding Officer's ruling.
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22 Any member may appeal to the Council from, a ruling of the Presiding
2.3 Officer. The member making the appeal may state briefly the reason for
24 name, and the Presiding Officer may S ate briefly the basis for the ruling.;
25 but, there will be no debate on the appeal, ;and no other member may
26 participate in :the, discussion. The Presiding Officer will then put the
27 question, "W°ill the decision of the chair be sustained?" If a majority vote
2.8 "yes" th:e.ruing of the Presiding Officer prevails; if otherwise, it is
29 overruled.
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31 12. VO
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33 Every member present when a question is put, including presentation of
34, a resolution for adoption, shouldwote,either "yes" or''no".
Exhibit. A 9
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At the b,e°g'innng of any agenda item where a memo:er has a financial
interest in the' :question within the meaning of Government Code §8710.0
the nature and extent of the financial interest shali~be disclosed
immediately and the Council me-tuber shall leave the dais thereby
absenting himself/herself from consderatiori of the item.
The~City Clerk shall.record his/her vote as an abstention. Iri all other
cases, whenever.a,memberrefusw to,vote, the City Clerk shall cast a
vote of "yes" for such member. ~ '
13. Right to dissent or protest
Any member has the right to express dissent from, or protest against any
ordinance 'or resolufi_on 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 late than the next
regular meeting follow-ing the date or passage of the action objected to,
14. Mot-ion to vo a imnediatelX .
Any Councilrnember, when recogniae.d by the Presd-ing Officer,: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 Cou-nci`1 is presen ;two
thirds) is necessary fo~s:usta~in th:e motion, If the motion carries, the vote
on the proposal before the Council shall be taken immediately, without
ftirth`er discussion.
ccrules/counci'1
Reso. 86-3.40 NGS 12./.22/8.6
Reso. 89-2.55 NCS 08/2~~1/89 9l #1
Reso. '90-3'3 NCS ~ 01/ 16/90 9I # 1 & 2'
Exhibit A
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