HomeMy WebLinkAboutResolution 90-375 11/19/1990..!S
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Resolution N®. 90-375 N C.S.
of the City of Petaluma, California
RESOLUTION REVISING RiJLES OF PROCEDURE
FOR TILE PE'I'ALLJMA CITY COiJNCIL
AND IZEPEA~ING IZESOLgJTION 90-33 NCS
BE IT I2ESOI-.VED the City Council hereby adopts revised Rules for
Proceedings of the City Council. attached to this Resolution as Exhibit A;
and,
BE IT FLJR'I'IIER RESOLVED that Resolution 90-33 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hereby repealed in its entirety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) ~X~i1~~Si~1) meeting ,'-~~~ ..
on the ...---.12~.t?_.-..... day of .................~?QV~mk~~............-...-...., 19..44., by the !
following vote: .........~..: ;Y.-_ -. -
. ity tto ey
AYES: Balshaw, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: 0
ABSENT: Sobe 1
ATTEST : . .. ..... ............ -••,: ~~ --..... . -:....- ......-----•-----° L/
ity Clerk
CA 10-85 Gbuncil File ............................°---..
90-375 N.CS.
Res. Na ..........................
1 RULES FOR PROCEEDINGS OF THE CITY COUNCIL
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3 I. 1~EE~'INGS
4 1. Regular meetings -Adjournment
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6 -Regular Council meetings shall .be held on the first and third Mondays of
7 each month, commencing at three p:m. When any such Monday is a legal
8 holiday, the regular m°eeting thereof shall be held on the next following
9 day not being a legal holiday at the same hour..
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11 New agenda it_erris will not be started .after eleven p:m. without a vote of
12 the Council. Matters not reached or completed by eleven p.m. will
13 normally be continued to the next adjourned or regular meeting.
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15 2. Special meetings
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17 Special meetings may b.e called by the Mayor or by three other members
18 of the City Council. At the request of the. Mayor orthree other members
19 of the Council, the City Clerk shall prepare a notice. of each special
20 meeting,: showing the time, place anal object the;r.eof, which notice shall
21 be delivered to the Counclme-tubers at their residences at least twenty-
22 four hours before meeting time., unless Counc' members sign a waiver of
23 notice as authorized by State law.. The only subjects which maybe acted
24 upon at a special meeting of the Council shall be those mentioned in the
25 notice thereof.
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27 3. Adjourned meetings -
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29 Any meeting of~the Council may be continued or adjourned-from day to
3Q day;: or for more than one day...;-but: not longer than until the next regular
31 meeting. Such adjournment shall be pursuant to the directions of the
32 Pre i'ding.Officer,. or upon vote by a majority of those present at the
33 ~mee~ting, to be adjourned. It is not necessary that a quorum be .present
34 for the purpose of'adjourning a meeting of the City Council to a later
35 date,
a
1 ~ 4. Study e~ssio_n
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3 The Council may from time to tme'meet.in study sessions open to the
4 pub'l`ic and news media, the time and place to be designated by the
5 Mayor. Notice of such sessions will be given at the prior Council
6 meeting or by the City Clerk to those news media who have reduested
7 . notice in.writng at least twenty-four hours in advance of such. meeting.
8 Study 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 be taken. at the Study Sessions, but .members of the Council
11 in attendance shall b.e entitled to express their opinions of any matter
12 under discussion; providing; however, that nothing in this section shall
13 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
15 public in such ses'sions's'hall be within the discretion of the Presiding
16 Officer and- subject to Council concurrence. Study sessions need not'be
17 ~ so .designated', but maybe called idea.sessions, information' sessions,
18 workshops, etc.
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20 5. Location
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22 All.. Regular`' meetings of'the City council shall be held in the Petaluma
23 City. Hall, .except when a different place is agreed upon by a majority of
24 the Council or provided for in these rules.
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26 II. OFFICERS AND TVIEIVI~ERS
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28 1. Presiding officer - designation
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30 The Presiding Officer of all meetings of the City Council shall be the
31 Mayor ar, in the Mayor's absence., the Vice President, who may, for all
32 ceremonial ,purposes, be called the Vice 1Vlayor of the City, as provided
33 in Sections 20 and 21 of the City Charter. The Presiding Officer may
34 introduce or second and debate any matter before the Council from the
35 chair.
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2. Duties of Presiding Officer
Decorum and order shall be preserved by the Presiding OOfficer, who will
also decide all questions of order, subject to appeal 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 the 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. S~lectian and terms of Vice Mayor
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. Clark -Duties
The City Clerk. shall be the Clerk of the City Council, 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 Council;
C. head and present all communications and written reports,
proposed resolutions and ordinances;
D. Record the yes:and no votes of -the members of the Council on all
resolutions and ordinances introduced and adopted;
E. Perform such other duties as shall be directed by the' City Council.
The Clerk shall prepare an agenda for 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 Councilmember, 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
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1 Regular and Adjourned meeting,. Agendas for;Special meetings shall be
2 posted 24 hours prior to the meeting.
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4 5. Temporary chairman.
5 At any meeting at which the Mayor-and Vice Mayor are absent, the City
6 Clerk shall Ball. the meeting; to order and call the roll. If a quorum is
7 present, the Council.shall select, by majority vote of those present,a
8 temporary chairman,, who will perform the duties of the Presiding
9 Officer until either the Mayor or Vice Mayor appears.
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11 6. ~eating_~.rrang_emenl
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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. Exeus'al from attendance
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19 No member shall'be excused from attendance at a Council meeting,
20 except upon notification to the City Clerk or City Manager.
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22 ~$. l~xcusal during: Council session
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24 No member may leave the Council Chambers during a regular session
25 without' permission of the Presiding Officer, unless he/she steps down
26 • because of a conflict of interest.
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2$ III.. COND~JC'T O>F ~J'SIN.ESS
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30 1. A=genda
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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 applicable. •
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36 A. Roll call of members;
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1 B. Reading of minutes of preceding meeting;
2 C. Public comment;
3 D. Council. comment;
4 E. Consent calendar;,
5 F. Consideration of unfinished business;
6 G. Petition anal corr~muncations;
7 H. Public hearings;
8 I. S aff and Councl.Reports;
9 J. Consideration of New business;.
10 K. Closed Session;
11 L. Adjournment
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13 in e The. reading of theminutes 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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1$ Consent Calendar. Items which are noncontroversial, which have been
19 reviewed by the Council and staff and which have been .made available to
20 members of the news media and the public afi Council meetings shall be
21 grouped together and listed under the Consent Calendar. Adoption of
22 the Consent Calendar will be made by one action only of the Council.
23 The Presiding Officer shall first advise the audience that the Consent'
24 Calendar matters shall be adopted in to o by one' action of the.Council
25 unless any Councilmember has a question on an item. In that event, the
26 Presiding Officer-may defer action on the particular matter or matters
27 and place `the same on the regular agenda for consideration in any order
28 he/ he deems appropriate. '
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30 A~e~. nda Order The order of the agenda shall be established by the City
31 Clerk, who may fix a: time for public Bearings at a later time iri the
32 meeting than..its commencement. ,A-ny item except a~public hearing
3'3 noticed for a particular time may betaken out of order upon direction of
34 the Presiding Officer, unless a majority of the Council presents directs
35 otherwise.
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1 Agenda Posting. The agenda for a Regular or Regular Adjourned
2 meeting must be posted in a. place accessible to the public for 96
3 consecut°ve hours prior to the meeting. The posted agenda must include
4 all items to be 'transacted or discussed'.. However, there is no specific
5 prohibition 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 li ted in
8 the agenda, unless any one of the following~conditions exist:
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10 (a). Upon a de"termination :by a majority vote of the legislative body that
11 an emergency situation exists.
12 (b).~ Upon a determination by atwo-thirds vote of the legislative body.,
13 or, if less than two-thrds`of the members are present, a unanimous vote
14 of those members present, that the need to take action arose subsequent
15 to the agenda being posted.
16 (c}. The .item was posted f or a prior meeting of the legislative body
17 ~ occurring not more than five calendar days prior to the date action w;as
18 taken on the item, and at the prior meeting the item was continued to the
19 meeting gat which action is being taken,' '
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21 "Action taken" is defined under the Brown Act as;follows: 'collective decision
22 made by a majority of the members of a legislative body, a collective
23 commitment or promise by a majority of the legislative body to make a positive
24 or a negative decision; or an actual vote by a majority of the members'of the
25 leg`slaive body when sitting ;as a body or entity, upon'a:motion, proposal,
26 -.resolution, order or ordinance'. .
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28 2 Addressing Council =Public Comment
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30 The agenda will contain an item when the public may address the
31 Council. (1) Items of interest to the public and (2) Within the subject
32 matter jurisdiction of the-legislative=body,. The maximum time for this
33 agenda item shall be 15 minutes The Presiding Officer shall determine
34 the .number of persons wishing to speak and establish time limits of 5
35 minutes maximum for individual presentations.
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1 3. Permission required - To address Council
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3 No person other~than a member of'the Council or a City official will be
4 ~ permiatted to address the Council unless he is introduced or permitted. by
5 the Presiding Officer, or a mernber of `the Council requests the Presiding
6 COfficer to permit such person. to address the Council. Persons
7 addressing the Council shall furnish the City Clerk with their names and,.
S addresses.
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1`0 4. Time limit on~ad'dressing Council -Generally
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12 Persons who, address the Council. under specific agenda items will be
13 limited to .ten minutes; unless specific extension is approved by a
14 majority of members present.
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16 IV. RU'b,ES'OF COUIl1C~L .
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18 1. Amendment or a,~option of rules
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20 The rules of this` article may_ be amended or new rules adopted by
21 resolution.
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23 2, Change of rules of Council
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25 Any provision of the rules in this article not gov'erned_by the Charter may
26 be temporarily changed at any meeting of` the Council, by a majority vote
2Z_ of all members present. The vote on any such. change shall betaken by a
28 roh call and entered upon the records.
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30 3,. Introduc~.ng an ordinance - Printing' or posfing
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32 ~ An ordinance or resolutionshall be deemed to have been introduced
33 ' when ~it is filed with the City Clerk aEnd moped and seconded by different.
34 members of the C'ounci'l at any regu ar'.meeting or.at a special meeting
35 called for the purpose of introducing the ordinance. The Clerk shall
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1 note the narrre of the persons moving and seconding the proposal in the
2 minutes. .
3 The Clerk shall present an ordinance for introduction at the proper time, at
4 which time a vote of the members shall detexm e whether the ordinance
5 shall be printed or posted, as required by Section 45 of the City Charter.
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7 4. Withdrawal of ordinance
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9 An ordinance may be wi~thdrawn_ at any time before it is acted upon by
10 'the Council only with the consent of the members moving and seconding
11 its adoption.
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13 5. Introducin..g ordinance or resolution out of regular order
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15 'The Presiding Officer m'ay at any time permit a member to introduce an
16 ordinance or resolnt~gn out of the regular order.
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1$ 6. Introducing resolut`on:,~nublication. or hosting
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20 A resolution may be in roduced and. seconded by different mem-hers of
21 the Council and acted upon at the same-meeting. It need not be
22 published or posted.
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24 7. Withdrawal of resolu=tion prior to action upon by Council
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26 A resolution may be withdrawn only with the consent of the .members.
27 rnoYng and seconding ifis adoption, at :any time bef ore, it is acted upon by
2$ the .Council.
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30 8. Resolution to lay on table - Resumption
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32 A resolution to lay on the table any matter will preclude all amendments
33 or debate on the subject concerned. If t e .resolution. prevails,
34 consideration of the ~sutject of'the resolution laid on the table may be
35 resumed only upon motion of` a member°who voted in favor of the
36 - resolution to lay on the table.
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2 9.. Reconsideration of .question
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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
8 meeting not less than one week thereafter, provided, however, that a
9 resolution authorizing or relating to any contract. maybe reconsidered at
10 any time before the final execution thereof. A motion to reconsider will
11 require the same number of votes as is required to adopt an ordinance or
12 resolution. After a resolution for reconsideration has once been acted
13 upon no other motion or resolution for a reconsideration thereof will be
14 made without unanimous consent of the members present.
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16 10. Tie votes on_proposai
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18 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 Officez's ruling.
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22 Any member may appeal to the Council from a ruling of the Presiding
23 Officer. The member making the,app.eal may state briefly the reason for
24 same, and the Presiding Officer may state briefly the basis for the xuling;
25 but, there will be no debate on the appeal,, and no other member may
2b participate in the discussion. The Presiding Officer will then put the
27 question, "Will. the decision of the .chair be sustained?" If a majority vote
28 "yes" the ruling of the Presiding Officer prevails; if otherwise, it is
29 overrul°ed.
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31 12. Vo_ tiny
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33 Every member present when a question is put, including presentation of
34 a resolutionfor adoption, should vote either "yes" or "no".
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1 At the beginning of any agenda iiem where a membe has a financial
2 interest in the question within the rnea~ning :of Government Code §87100
3 - the:nature and extent of the financial interest shall.be disclosed
4 immediately and the Council member shall leave the dais thereby
5 abseritinghmself/herselffrom consideration of the item.
6 The City Clerk shall.reeord his/her vote as an abstention. In all other
7 cases, whenever a member refuses to vote, the City Clerk shall cast a
8 vote of "yes" for such member.
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10 13. :Right to dissent or rn otest
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12 Any member has the right to express dsse t from, or protest against any
13 ordnance~or. resolution presented to or adopted by the Council, and.
14 have the reasons therefor entered uponthe journal of the Council's
15 proceedings. Such dissent or protest must be in writing, couched in
16 respectful language and presented to the Council not later than the. next
17 regular meetng,following the date or passage of the action objected t'o.
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19 14. Motion to'vote immediately
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21 Any Councilmember, w-hen recognized by the Presiding. Officer,. may .
22 move to vote immediately.. Upon such motion, if seconded, all
23 discussion shall be terminated and a vote taken on the motion. A vote of
24 four Council members (or if less than a full Council is present, two
25 thirds) is necessary to sustain the motion. If the motion carries, the voce'
26 on the proposal before the Council shall be taken immediately, without
27 further discussion.
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31 ccrules/council
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33 Reso. 86-34°0 NCS 12/22/86
34 Reso.. 89-255 NCS 08/21,/89 ¶ # 1
35 Reso. 90-33 NGS, 01/1G/9.0 ~ ~ #1 & 2
36 Reso. 90-375 NCS 11/19/9..0 Pg 1 9(1 Pg 10 ~ 14 '
10-