HomeMy WebLinkAboutStaff Report 01 04/23/2001 City of Petaluma, California
Memorandum.
City Manager's Office,'11 English'Street Petaluma, CA 94951
(707) 778-4345 Far(707) 7784419 E-mail:citymg, LLpetaluma.ca.us
DATE: April 13, 2001
TO: Mayor and Members of the City Council
FROM: Frederick C. Stouder, City Manager
SUBJECT: Extract From Proposed Council's Rules, Policies & Procedures
Council Meeting of April 16, 2001 —Item #10
Several Councilmembers have asked for an extract or summary of;thepro_cess from the proposed City
• Council Rules,Policies-& Procedures.of how items will be placed on a,Council agenda: According to the
Proposed Petaluma City Council Rules, Policies & Procedures draft dated February 26, 2001, items can be
placed on a City Council agenda by the following means:
Section II, AGENDA (page 3)
A. Agenda,
1. The City Manager prepares a.draft agenda for each regular meeting, and
i a. May place items on the draft agenda for discussion-and/oraction,
b. Shall place an item on the draft agenda°for discussion only if requested in writing by
any Councilmember; or
c. Shall place,an item on the draft agenda:for,discussion and/or action if requested by the
Mayor'in writing:
2. Approval of Draft Agenda '
Said draft regular meetingiagenda shall be presented to the City Council for approval for the
date and time specified afcthe,preceding-Council meeting:. Approval of those matters placed
on the draft agenda "shall be by three(3) or more afffrmativeivotes: New agenda items
proposed to:be added to a draft agenda under discussion at a City Council meeting may only
be added if such new proposed agenda items are approved-:for a_-•future'agenda by a majority of
the Councilmembers present:
3. Additions:to Approved Draft-Agenda -
After the draft agenda isapproved•by the City Council and before the posting of said agenda
for the City,Council meeting in which the items will be addressed, additional items shall be
placed on said agenda when
a. The City Manager receives aletter or memo signed by two(2) Councilmembers or
receives two,(2) e-mails requesting that_°an item be,added to the agenda. Items added
• in this manner will be addressed by the Council if a majority of the Councilmembers
present at the meeting•vote to address the item.
b. The City Manager determines, with the concurrence of the City Attorney,that there is
a need 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.
. CITY OF PETALUMA, CALIFORNIA
AGENDA BILL 1 ®
Agenda Title: Discussion and Possible Action on Resolution Meeting Date: April 16, 2001.
Adopting Revised Council Rules, Policies,& Procedures .
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Department: Director: ContactPerson:: . Phone Number:
City-Manager Frederick Stouder Frederick Stoude_r 707-778:4345
Cost of Proposal: n/a Account Number: n/a
Amount Budgeted: n/a Nanie of Fund: n/a
Attachments to Agenda,Packet Item;;
1. Revised Rules, Policies & Procedures (red=lined version)
• 2. Resolution
Summary Statement:
The last revision to the Council's Rules for Proceedings was in November,of 1997.. At their Council
workshops of January 27 and February 24.:2001, the City Councilmembers conducted a comprehensive
review of the Rules and Procedures'document. The revisions are reflected in,the attached document as
underlines (new text) and strikeouts (old text). This document was provided:in draft form to the Council
on February 12`h with essentially the same revisions as shown as we,have received no additional questions
from the Council. The only changes since,February 12th are corrections of minor typographical errors. The
title has been changed to Rules. Policies and Procedures. .
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Council Priority: THIS AGENDA ITEM'IS CONSIDERED To'BE PART OF, OR NECESSARY To, ONE OR
MORE OF THE 1999-2000 PRIORITIES'ESTABLISHED BY THE CITYCOUNCIL,ON JANUARY 30, 1999 AND
MARCH 18, 2000.
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Priority(s): n/a
Recommended City Council Action/Sug,aested Motion;
Approve Resolution Adopting the Revised Rules;,Policies and Procedures.
Reviewed by Finance Director: Reviewed--by City Attorney: Approved by City Manager:
Date: Date: 4 Date:
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111!Today's Date: Revision:# and.Date Revised: File Code:
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Resolution No. N.C.S.
of th&Gity Of Petaluma, California
RESOLUTION AMENDING THE"RULES FOR PROCEEDINGS OF THE CITY
COUNCIL AND>RESCINDING RESOLUTION'NO. 97-314 N.C.S.
WHEREAS, the Petaluma City Council last reviewed the,Rules for Proceedings in
November of 1997; and
WHEREAS, at Council Workshops held on January 27;;200.1;and February 24, 2001, the
City Council conducted a comprehensive review of the Rules for Proceedings.
NOW, THEREFORE, BEFIT"RESOLVED by the`City Council of the City of Petaluma •
• that Resolution No. 97-314 N.C.S. shall be rescinded in its entirety„andthe Rules for
Proceedings, as amended, is hereby adopted.
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:bythe
Councihof the City of Petaluma at a Regular meeting on ,.2001, Approved as to
by the following vole: form:
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City Attorney
AYES:
NOES: - -
ABSENT: •
ATTEST:.
City Clerk Mayor
Resolution No. NCS
pr-
PFTALUIVIA CITY COUNCIL
RUT E S POLICIES AND
PROCEDURES
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"DRAFT"
(February 26, 2001)
rules
2/26/01
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• TABLE OF CONTENTS,
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I. MEETlNGS - --— 1
A. Regular MeetinaS - .
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B. Special Meetings
• C. Adjourned Meetings
D. Emergency Meetings 7
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E. Location . . . 2
F. Quorum , .7 •
G. Study Session 7
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II. AGENDA ' 3
A. Agenda -.Preparation of 3
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1.. Preparation of Draft Agenda
2. - Approval'ofDrafi Agenda 4
3. Additions to Approved Draft Aaenda a
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B. Order of BuSiness, - - • 4
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C. Agenda - Contents
. D. Agenda - Posting 5
E Matters Not Appearing,on the Agenda
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.. Minutes • -
1. Action Minutes . . 6
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2. Reading of Minutes . . .. . 6
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3. Comments for the Record - - 7 .
4. . Audio and Video Recordings of Meetings . , 7
G Consent Calendar • - •- 7
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III. PUBLIC PARTICIPATION ArCOUNCIL MEETINGS - • 7
• A. Public Comment . 7
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B. Permission Required/Speaker Card 8
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C. Time Limitations - Generally • 8
D. Manner of Addressing Council 9
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IV. DEBATE & DECORUM 9
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A. - Getting the Floor • 9
B. Interruptions 9
C. Points of Order . 9
D. Point of Personal Privilege . ' 9
E. Decorum and Order- Council and City Staff • 10
F. Decorum and Order -Audience 10 •
G. Enforcement of Order and Decorum 10
H. Failure to,Obey Rules of Order 10
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V. OFFICERS AND MEMBERS - 11 •
A. Presiding Officer 11
1. Designation 11
2. Duties of Presiding Officer.,, ,,, ,,,,,,;,,,,,, .:......:„11
3: Right of Appeal for'Presiding Officer Ruling -- 11
B. Vice Mayor- 1>i
C. City Clerk/Duties 12.
- D. Attendance., : .. .:. ... ... :... . .. ... . . .. .:,., :12
E. Seating.Arranaement 12
VI: PROCEDURES 12
A..• Motions 12
1, Procedure —Generally : 13
2, Precedence of Motions- 13
3, Particular Motions, Purpose, Criteria 14
(a) Motion to Adjourn '14
(b)- Motion to Recess - 14
(c) Motion`to Postpone Temporarily 14
(d) Motion for Previous:!Question (Vote Immediately) 14
(e) Motion to:Limit or Extend Debate 15
(f) Motion to Refer to Committee or Staff - -- 15
(g) Motion to,Amend .. 16 io
(h) Motion to Postpone Indefinitely 16
(i) Main Motion. .. .......,, 16
B. Ordinances .. .. .., , , . . ..... ............ ....... . 17
L Introduction 17
2. Adoption 17
3, Withdrawal of Motion 17
C. Resolutions 17
1. Adoption 17
2: Withdrawal ofResolution 18,
D. Voting 18
E. Right+to Dissent:or Protest ' • .18
F. Motion for Reconsideration 18
WT APPOINTMENTS • 19
A. Defiriition • 19
1.. Commission - 19
2. .Appointment 19
3. Recommendation 19
4. Representative 19
B. Ad Floc Commissions . _ 19
C. Councilmember Appointments and Recommendations:::,:.:. 20
D, Mayor to Act as Council Ceremonial.Representative 20,
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: Counciltnember Participation in Community Activities 20
F. Annual'Consideration 20
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G. Procedure _ . . - 20
- 1. Notification -. - 20
2. IntereSt 20
3. Availhhility 21
. 4. Term _. . 21
5. Council Reor.aanization and Confirmation of Appointments 21
• H. Procedure for Making appointments 21
I. Council Appointees Shall Report to the Council 22
J. Council Direction[to Their Representative 22
• K Attendance of City Representative at County or Regional Agencies 22
L Project- or Topic-Specific Appointments 22
M. Vacancies .
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VIII. HEARINGS • 23 . .
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A. Application and Definition ' 23
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B Rights of Interested Persons • 23
C. Presentation of Evidenc° • 73
1. Oral Evidence 23
2. Exhibits and Documents . ,, • 23
3. Communications and Petitions - - - 24
4. Staff Reports : - - 24 .=
• 5. Large Maps and Displays - .
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6. Admissible EVidence 24
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D. Evidence OutSidet
r he Hearins, 24
E. Continuances 24 • :
F. Decision . 24
G. Record of Hearina . . . 25
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DC. MISCELLA_NEOUS . 25
A. Inconsistencies , 25
B. Temporary Chance of-Rules 25
C. A Non.observance,of R.ule 25
D. Non-exclusive Rules 25
E. Review of City Council Rules 25
F. Unilateral,ComrnuniCriCns 26 •
G. Use of City Letterhead 26
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"DRAFT"'OF=CITY:COUNCIL.RULES.:P,OLICIES & PROCEDURES
February 26, 2001
I. • MEETLYGS.
A. Regular Meetings; 'The City Council shalt hold regular meetings on the first and
third Mondays of the,month at 3:00 PM unless;there is a need for a closed session
which in such case may'commerce at 2:001P1\/.;'Whenever the date fixed for any
regular meeting of the Couricit falls.upon a date designated as a holiday, such
meeting will be- held at the same hour on the next„sticceeding Monday not a
. holiday: New agendattems will not be started after 10:30 'PM without-a majority
vote of those Councilmembers present. Matters not completed by 11:00 PM will
be continued to:fhe;neat adjourned or regular meeting-.,
B. , `Special Meetmgsf. !Special meetings may"be ordered at'any time by the Mayor
whenever in his/her opinion the public business;,-nay_require it or upon the written
request of any majority of all the members of the',Cbuncil. Whenever a special
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• meeting shall be called,' written notice, of such. meeting. shall be delivered•
personally or by mail by.tie City Clerk to each' member of the-Council and to
each local newspaper of,general circulation and radio/television station requesting
notice in-writing: 'Such notice must be deliuered at least;24 hours before the time
of such meeting as specified'in the notice; The written notice may be dispensed
with as to any•COuncilmemb"erwlo; at or prior to thettime the meeting convenes,
files with the City Clerk a written waiver of notioe. The waiver may be given by
telegram. The written•notice may also be dispensed'with as to any member who
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is actuallypresentiafthe meeting at the time it,'convenes. The call and-notice shall
be posted at least'24 hours prior to the,special meeting at Petaluma City Hall in a
• location that is freely accessible to members of'the-public: The notice shall
specify the time and place of the special- .meeting and the business to be
transacted. Businessfnot in the notice:shall.-not-be considered,at such meeting:
C. Adjourned 'Meetings: The City. Council, may,adjourn any regular, adjourned
regular;;special 'or adjourned special meeting to a time-and place specified in the
• order of adjournment:' Less than a quorum may•soli adjourn from time to time If
all members are.absent fr'oinany regular or-adjourned regular-meeting the clerk or
secretary of the legislative body may declare the meeting adjourned to a stated
time and place and he/she shall cause awritten-notice of.the adjournment to be
given in the same manner •as •ptovided';in :Section 54956 for special :meetings,
unless •such notice is waived as provided for special" meetings: ,A copy of the
order or notice:,of adjournment shall be conspicuously posted on Or near the door
of the place Where the:regular, adjourned, regular, special or ;adjourned special
meeting•was held within.24'.hours:after the time of the adjournment. When a
- regular or adjourned regular meeting.is adjourned as provided in this section, the,
resulting;adjourned:regular meting:is a,regular•.ineeting for all purposes: When
an order of adjournment of any meeting fails to statethe-hour at which the
adjourned meeting is to be held,�it shall be held.at the hour specified for regular
meetings by ordinance, resolution, bylaw, or other rule.
• D-. Emergency Meetings: Emergency meetings may be called and conducted as
provided in Government Code section-5?956:5.
E: Location: All,regul ar, adjourned regular, special, and emergency meetings shall
be held in'Petaluma City Hall except when set in a,different place within the
• boundaries of the City of Petaluma, at the;„Mayor's direction.or by majority vote
of'the Council, provided-that such meetings may be conducted;,,outside of the
boundaries of the City in'those instances allowed`.by the Ralph M. Brown Act.
F. Quorum: ,A majority of the.members,:of the Council shall constitute a quorum for ,
the transaction of business, but a lesser'number than:a.quorum may adjourn•from
time to tithe.
G. Study Session' The Council,may from time,to time meet in study sessions open
to the public,and news media,the timeand place to be designated by the Mayor or
a•majority'of the Counciimembers: Notice of study sessions shall be provided and
agendas posted.as required by the•Brown.Act for any such study session. Study
:sessions shall be devoted to the exchange;of information deemed.essential before
'a regular 'council meeting. No formal vote or official action shall be taken at •
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 taktng(of:'any •
informal vote or consensus in any matter under discussion. Therparticipation of
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• the public in.such• essions shall be within-the discieiionof.the:Presiding Officer
and subject to Council concurrence and compliance with the Brown Act. Study
sessions need- not-be so designated, but may be'called idea sessions, information
sessions, workshops,retc: .
II. AGENDA.
A. Agenda
• 1. Preparation of-Draft.4.g Ada: .A. d af aaenda;shalrbe prepared by the City
Manager for each,rzaul r meeti a containing:the time.of commencement
of the meeting; the specific items' of business to be transacted and the
order thereof The Cin '\>Ianai err /al :mav olace items on the draft agenda
for discussion and/or action: Fa :shall vlace rdn,item On the di-an-agenda
for discussion:orb ,7 i ,ueSte_2 th wr:ril"a.oV. a)2v:Councilmemher: or ICI
shall place an item .on, the draft agenda for discussion and/or action if
recuested bu the Mayor hi writing, Ar Coi. cilmcraber may sec-test that
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,.- ._. nit t y to :he City 1I s:or nd-City Clerl.. Any items so
placed on the- :lands s _ _ ens;. which arc not related to
placed on u' e fi ' a for::_ r _con ;city vdte of the mombeca
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any item Pospaestst-1,,to :Lead, etda: .h oh pertain: to high
•pro:.l community ::;ca '....: C ' goals, and priorities can
by the emir .., _-.a - - .
iter: at th --first Meeting : cc dcred:
•' Other than as described abeye, _ .al' a`e nda app:o. al may be by affirmative vote
of at least three members ef the-City.Co nt:1.
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2: Aporoval of Draft Agenda Said draft regular meeting agenda shall be •
presented to the CityCounclfor approval for the date and tithe`specified
at•the preceding Council meeting. Avvroval of those matters placed on
the draft:agenda "vursuant to.Section II(A)(I) shall He by three or-more
affirmative..votes. Neiv agenda 'items vrovosed to be added to a draft
agenda under discussion at a Cite Cbiincil menthe. rriav only he:added if
Such new brbnosed agenda items are:avvroved for a>friture :agenda 'bv a
,majority of the COuncilmembers vreseiit. No additional it c- s :hall }'a
• that for any'closed sessidh item :..at-. is necessary for a scucsic or any
''item that comes-tc-th o ationtiOn of-the Cr y \1a:iaaer thc
,nccossary for 'that item '.o. Se acted =pen, as determined by the:City
Manager with en frees f °c'C y .A.otorney. •
Additions to ApprovedDraft Agenda After the draft agenda is.avvroved
bw the City Council and beforeithe-posnnz of said agenda tkzr the City'
Council-meeting in which the.itetns will be addressed' additional items,
Shall be placed on said agenda when (a) the City Ivanager receives.a
letter or mefio signed by .two Counci"nembers or receives two e=mails
reauesting that- an item be added t9 the agend Items'addeddn this
manner will be addressed by he 'Council if a-. majority of the
-Councilmen liens .resent at:the-m•etina vote to ddress the item .> the
Citv?thlanagerdetermihes with the concurrence of-ihe,City.Attorney, that
-there is aneed-for ihnt hem 'to be placed on the agenda Items added in
this manner •shall be -addressed by the Council at the - City Council
• meeting.
• Eor purposes of this section, "writing" includes e-mail: -
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B. Orde of Business:" At the timeiset 'for:each•regular meeting,-the Mayor shall call •
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the meeting to order, and the business of the Council shall be ;taken:up for
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.: be establishedt.y the City Clerk, who may.fik a;tirne for public hearings at a later
time in the meeting than-its.commencement. With the.consent:ofa majority of the
Councilmembers present, items may be taken out:of:order.
C. Agenda.- Contents: The final agenda shall specify the time and location of the
meeting. The agenda shall specify the time and location of the meeting. The
agenda shall contain, 'when required by law of when appropriate, the following
headings:
1. Roll Call ofMenibers. -
2. Pledge of Allegiance. -
3. Moment of Silence. ..
4. Public-Commen:.
5. Proclamations.
6. • Correspondence.
7. Council Continents and Liaison,Reports.
•. 8. Agenda+Changes, Additions, and Deletions.,
9. Special Orders,of?the Day.
. 10. Consent Calendar: •
11. Public Hearings, •
12. Unfinished'Business. .
13. New Business.
14. Adjourn to'ClosedrSession. . •
15. Report Out:of'Closed Session.
16. Approval:6f Proposed Agenda.
17. Adjourn.,
D. Agenda - Posting: At least 72 hours before a regular meeting, the£ity Clerk shall
post the agenda in a:;piace,accessible to the public at City'Hall.'and on web site. ' '
Whenever possible, :staff reports will be.made available, to the Council, public,
and press one (1) week=.beforethe meeting. Packet niaterials'or any supplemental
material shall be delivered to Councilmembers on a weekday by 5:30 PM,
E. Matters Not Aopearing on•thb Agenda:
1`10.action or discussion shalktake,,place on any item not appearing on the
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• _ agenda for a regular`Meeting,:as;posted,_unless: ,
• (a)' The City Council deteirriines ,by majority vote'that,an emergency
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situation exists,as.d fined.'in,GOVernment Code section 54956.5;
(b) The City Counc t.determines by a two-thirds vote;ofthe'members
of the City Council present at the meeting, or,. if less than two
thirds of the ne _abets are present, an unanimous vote, of those
rnembers resent, if'there is' a.need.to take iIhthediate action and
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that the need for action carne.to the attention of_the local agency
. subsequent lb the a genda;being;posted.
(c) The item was included'in,a::posed agenda for a prior meeting held
not-more than five (5)scalendar daYs prior to the meeting at which
the item is acted- upon: the prior meeting the item was-
;.:. .,, . continued to the meeting at which action is being'taken.
2. When:al item not on-an agenda is raised by a member ofthe public, the
City Council may briefly respond,.may ask questions for clarification,
• provide a.reference to.Staff orthe resources, or:request the.City Manager
to report back at a subsequent meeting. Furthermore; a member of the-
City Council may 'take action to place a.matter of business on a'future
agenda as permitted in Section II(A) herein.
F. Minutes: The reading of minutes ofthe,preceding meeting-maybe dispensed with .
unless required on a vo e.of.the majority of the Councilmembers present. If no
u,k objection to the-minutes is made, the sane will be deemed:apprOVed.
1. Acton Ufinutes yLrute of Civ Co�� ca me *mgs will be action minutes:
A6tion minutes wild include final motions with votes The, minutes will
also,reflect the namea o: public sveaLe:s.; Council and staffidiscussior and -i
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�� commentswill not be:included in"the.minutes,
. 2: Reading of Minutest The reading of minutes of`the preceding meeting'
may be dispensed with unless required on a vote of the majority of the
• T Councilmembers present., If•no,oblection'to the-minutes is made, the same
( willbbe'deemed approved:
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•' 3. Comments for-the Record: Ifa Councilmember desires that•a•comment be
. included:in the minutes, he or she shall be responsible for indicating that
the statement is "for the record" before Making the continents.
4. Audio and Video Recordings of Meetings:` Taped audio and video
recordings of proceedings are maintained,by the City Clerk for a period of
eight years plus the current year. Tapes are available for review at the
City Clerk'-s office. •
G. Consent Calendar: ,Items which are noncontroversial, which have been reviewed
• by the Council and'staff and which have been madeavailable to members of the
news media and the public at. Council meetings ;shall be grouped together and
listed under'theConsent Calendar: If anv Councilmember abstains-from voting on
any iteinron the Consent'Calendar due to a conflict'of interest, or otherwise. the
• Councilmember:shall,so state. and the abstention shall be recorded by the City
Cleric The Council iheluding the member'or remembers-who have abstained may
• then vote, provided that'for any-item in which..c member or members have •
abstained, it'a deemed thcit'such votes shall be recorded as an abstention for that
item. 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 time by one action of the Council unless any
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Councilmember has a question on an Item.. In that event, the Presiding Officer
may defer action on the particular matter or matters and place the same on the
regular agenda or be,considered as individual items on the consent calendar for
consideration in any order he%she deems appropriate: at which time the piiblic will
be given an opportunity to confluent on,the particularitem:.
III. PUBLIC PARTICIPATION AT COLJNCILIYIEETINGS.
A. Public Comment: Every agenda foc a regular .meeting; shall provide an
opportunity for members of the public to directly address the, legislative body on
any item of interest to the public before or during the legislative body's
• consideration of the item, that is within the subject_ matter jurisdiction of the
legislative body, provided that no action shall be taken on any item not appearing
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on the agenda unless the action is otherwise authorized by Section II(E) herein. •
'The agenda need not provide an opportunity for members of the,pdblic to address
the legislative body on anytitem that has already been•considered-by a?committee,
:composed exclusively of ine'mbers of the :legislative body, at a`public meeting
wherein.all interested members• of the public were afforded the :opportunity to
• 'address the committee on the item, before ordunng the committee's consideration
of:the item; unless the item_ has "been substantially changed since=the committee
• heard the item; as determined,by-the legislative body. Every notice for a special
meeting shall provide an.appoitunity for;`_members.ofthe public to directly address
the legislative body concerning anyitem that has been described in'the notice'for
the meeting before; or during consideration. ,of the item. No person will -be,.
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permitted to address the Council during ne public comment portion of the agenda
unless heishe is permitted; by-the Presiding Officer' or, if a member,of Council
requests.th Presiding Officer to pemiit!such person to address e:Council. If a
member onthe Council,recuests the'Presiding Officer to allow a:person to address
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the Council during public comment; the Presiding Officer shalli.petmit such
. person'to:address the Council. •
$: Permission Required/Sneaker Card:- No person other than a ;member of the •
Council or a city official will be permitted'to,address the Council"unless.he/she is
-introduced or permitted by the Presiding; Officer, or a member of the Council
requests: the Presiding Officer to permit such person to addressahe Council.
Persons'addressing the Council shall furnish the'City Clerk with^their names and
-• .addresses!by way of completing a speaker card.
C. Time Limitations - Generally; For the public comment portion of the=agenda, the
;_a umum time for this agenda item shall be fifteen (15) minutes. The,Presiding
Officer shall determine the number of persons,wishing to speak and establish time •
limits of,three (3)'m nutes'-inakimum"for":individual presentations. 'Persons who
address the Council under specific agenda items will .be limited -to ten (10)
minutes, unless specific e;ctension is approved' by a majority •of the members
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.D. Manner of Addressing{Council- Any person,aesirmg;to address the Council shall
stand and"wait tome recognised by'the'P`esiding Officer: After being:recognized, -
he/she shall:approach thetodium, state his/het name and•' city of residence or, if
not a resident of a city.'the county of:residence, for the record; and proceed to
address the Council': All remarks and questions shall be addressed to the Council
. as a whole and. not to any member t hereo_f. No que Lion shall be asked. a
Councilmember 'or ainember of the City stair without first obtaning permission
of the Presiding'Officer. .
IV. DEBATE & DECORUM. .
A. Getting the Floor: Ever Counclimembe desiri ng to speak shall first address the
.. Chair, gain redognition,by the•P'esiding Oficer, and,shall,confine himself/herself
to the question underYdehaie.
B. Interruptions: ACounciiinember, once recognized, shall not be,interrupted when
• speaking unless called to order by the Presiding Officer, unless a point of order or
personal privilege .is raised by another Councilmernber, or unless the speaker
chooses to yield to a-question,by another Counci member. If a Codhcilmember,
while speaking, is called *.o order, he/she shalh-cease.speaking until the question of
order-is deternined; if'determined to be in order,.he/she may proceed. Members
of the City staff, after r cognittion by the Presiding, Officer, shall hold the floor
until completion of"their remarks, or until ;recognition is withdrawn by the .
Presiding Officer.
' C. Poihts ofOrder: The Presiding Officer shall determine all points of'order subject
to theright of any Couneiirnember to appeal to the Council •He/She may request
an opinion of the City Clear" or Chi?Attorney ini making such determination.
Council:decision shall conclusicelydetermine such-question of order.
D. Point of Personal Privilege: The right of a Councilmemeerto address the Council -
of a question of person privileset shall •be limited to cases in which his/her
• integrity; character, or motives,are questioned, or when the welfare of the Council
is concerned. A Councilmember raising a point of personal privilege may
•
interrupt another Councilmember who has the floor subject only to the power of •
the.Presiding'Officer tto:call.him/her out of order.
E. Decorum and Order- Council and,City Staff:, While the Council is insession� the
Coundilmembers and City staff, shall preserve order and decorum.. A member
shall,.neither, by conversation or otherwise; delay or-interrupt->the proceedings or
the peace of the Council, nor disturb; any member while speaking or refuse to
obeythe,directives of the Presiding Officer.
F. Decorum and Order - Audience: ',Public members attending, Council .meetings
shall;observe the same rules of order and decorum applicable.to the Council_.and
staff Any'person making disrespeerul, impertinent or slanderous.remarks, or .
who.becomes boisterous'wlie addressing the Council or while attending;-the
Council:meeting, shall be removed-from the room if the.Sergeant-at-'Arms is so
directed by the Presiding. (Officer. Such person maybe barred from further
audience before the Council du ing tat meeting. Unauthorized remarks from the
audience, stamping of feet,whbstles,:y,ells, and similar demonstrations shall not be •
-permitted'by the Presiding Ofnber, v,ho, shall direct the Sergeant-at-Arms to
remove such offenders frommthe room.. -
G., Enforcement'of Order and:Decorumr The Chief"of Police; or such>member:of the
Police Department as:he/she,may:d'esignate, shall be Sergeant at-Arms at the City
Council meetings; and he/she shall attend meetings when requested by the
Presiding Officer.or City Manager He/She shall be available to 'respond to all
meetings immediately upon call. He%She shall• carry out all orders given by the
Presiding.O leer of Council for the purpose of maintaining order and<decorum;at
The Council meetings. AnyCouncilmember may move to require the Presiding
Officer to enforce the rules, and the affirmative vote of•a majority of the
Councilmembers'present shall require him/her'to;do so. .
H. `Failure to"Obey"Rules of Order: Rules,adopted to'expedite the transaction of the
business of the•Council in an orderly fashion are deemed to be procedural only,
and the failure to strictly observe such,rules shall not affect the jurisdiction of the
• Council or invalidate any action taken at a meeting, that is otherwise held in •
conformity with law. - •
0
V. OPFICEI S.A11 iv1ErIBERS. . •
A. Presidint Officer;
1. • Designation The Presiding Officer of all meetings of the City Council -
shall be the Mayor or„in the Mayor's absence, the Vice Mayor, who may,
for all ceremonial purposes; be called.the Vice. Mayor of the City, as
provided inSections 20 and 21 of the CityCharter. The Presiding Officer
may-introduce or second and debate any batterbefore the Council from
the chair., -Me 7n the absence of he Mayor. and`Vice Mayor, the Council
shall select, by majority vote of those present,-a:tempora y chairman who
will perform the duties of the Presiding Officer until either the Mayor or
Vice Mayor appears.
2. Duties of Preiding•Officer; Decorum and order shall be preserved by the
Presidine Officer; 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'Off+cer 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 permined by°the Presiding`Offiber to explain. '
The Presiding Orncer shall control time Of individual presentations in
"accordance with,these rules.
3. Righi of Anneal for Presiding Officer Ruling: Any member may appeal to
the,Council: from a ruling of the Presiding Officer. The member making
the appeal may state briefly the reason for same, and the Presiding Officer
may state;brieflythe basis for therulit ; 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:iuling Of the Presiding Officer
prevails; if otherwise, it is overruled.
B. Vice Mayor: The Vice Mayorshall be selected at the-first•meeting in January.and
• shall serve for a one-year term. The,selection shall be based on seniority. In the
case of newly seated Councilmemb:ers; their seniority shall be established by the
number of votes received at;the time o€:heir election. If a Councilmember does
not accep€the appointment,the member's:name shall go back to the bottom of the
seniority list. No member of the Council shall serve a second term until all other
metfibers:of the Council'have had an opportunity to serve.
C., City.ClerkfDuties: .The City.Clerk shall be the Clerk of the City Council; whose
,duties at'Council meeting s shall be as follows:
1. Call and record the names of the members present;
2. Keeg and record:all.mi u s of"the;meetings of the City Council;
3. Read and present all communications ane written, reports', proposed
• resolutionsana_,ordinances;
• 4 Record the yes and,no votes of the members 'Of. the Council do all
resolutions:anc ordinancesintroduced„and adopted; . -
. Perform such other dutie as shall be directed by the City Council. .
'The Clerk shall prepare an agenda,for.each regular or special meeting describing.
each,item oftbusiness to-be,corsidered; and Will furnish a copy of2the agenda to •
the Mayor, each Councilmember„City Manager, City Attorney and:Department
;Difectors'prior to the tree ine The .Citv'Cler. shall Rost the agenda in a public .
area ,seventy=two "(73) .hours prior to each regular and •adjourned meeting.,
Agendas for special meeting's shall be posted,twenty=four. (24) hours prior'fo the ,
meeting.
D. Attendance: Councilmembers are expected to attend all meetings of 'the City •
Council. No member shall be excused from attendance at a Council.meeting,
except upon notification'to the City Clerk or City Manager: No' member may
leave the Council,Chambers during a regular session without permission of the
Presiding'Officer,,,unless he'ror she steps dowi, because ofta coflr lot of interest.
E. 'Seating Arrangement: Members tdithe Council shall occupy the seats in the
Council Chambers assigned to them'bythe-;Mayor, bin.:any two or more members.
may exchange.seats:-by yniUtual agreement.
•
VI. PROCEDURES. . •
A. Motions: •
•
1. -Procedure.- Generally:
•
(a) Motions May be made by• any member of the Council; includintr
the Presidiae'Officer.
(b) Any member of the Council, other than the person offering the
motion, may:second a motion.
(c) Before. a motion can be considered or debated, it must be
seconded.
(d) A Counciimember wishing to :second. a motion should do so
• through a verbal request,to.the Presiding'0 racer.
(e) Once the motion has been properly made and seconded, the
Presiaine,°Officer shall open the matter for discussion offering the
first opportunity to the moving :party and, thereafter, to any
Coundiln-_ember properly recognized by the:Presiding Officer.
(f) •Once:the matterhas been fully discussed and a vote called for, no
• further discussion will be allowed, provided, however,
'Councilrtembers-maybe allowed,to;explain.their vote.
2. Precedence 'orMdtions: When a ma!: motion is before'the Council, no
motion shall be entertained except he' following which shall have
precedence, one over the other, in the followingi_order:.
(a)' Adjourn.
(b) Recess: - .
(c) Postpone temporarily or-definitely"(table).
(d) Previousauestion.
(e) Limit or extend debates.
(f) Refer to committee or staff •
• (g) Amend.: .
(h) Postpone'indefinitely,
•The-above order of preference is subject to the following restrictions:
'(a) A motion' shall not be repeated•without intervening- business or
• discussion.
(b) question has'been
A motion•shall not oe in order when the Drevious�
• ordered.
(c) A motion shall.horbeinrorder while a vote is being taken.
3. • Particular Motions::Purpose. Criteria' The purpose and salient criteria of
the above-listed motions are as follows:). -
(a) Motion.te.Adiotut
Purpose: Totem-1i. nate a meeting'
Debatable 01-An-lendable:, No, e cept?to adjourmtolanothertime•fo
which the meeting:is to be:adj'ourned:
• (b) Motion.to Recess:, • . -
Purpose: To permit an interlude in!`the rneeting
and fa seta definite time for continuing
. . the+meeting, - . .-
• Debatable or amendable:: Yes, but restricted as to time dt diitation
of.recess. •
(c) Motion to.PostDone'Temobfabilv:.
.• Purpose:, To set aside; on ia temporary 'basis, a •
• pending. main motion provided, that)it
may betaken uti:again for=consideration
during the current meeting or 'at the•
• . •next regular meeting It'is;alsoreferred
to as a-motiorT"fo lay on:,thetable.
Debatabl'eror Amendable: Itis debatable but nof amendable.
•
(d) Motion for Previous Question Pvote Immediately)'.
,Purpose: To prevent or; stop discussion On the:
pending question or questions, :and to
bring:such question or:questions;to vote"
immediately: Any . Councilmember,
When, recognized by the Presiding
()giber, 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
four (4) Councilmembers (or if less
than.:a full council is present; a vote of
two thirds •of the members present) is
necessary to sustain the motion. If the .
motion carries, the vote on the proposal
before' the Council shall be taken
immediately, without further discussion
_ provided Councilmembers may be
allowed to explain their "vote. If the
motion fails, discussion shall continue.
Debatable or Amendable: No..
(e) 'Motion:to Limit or Extend.Debate:, -
Purpose , To limit or determine the time that will
• be deyoted to discussion of a pending
motion 'or to extend. or remove
limitations already imposed on its
discussion.
Debatable )i-Amendable: Not debatable;• amendments are
. restiicted to the period of time of the
proposed-limit or'extension.
. (f) Motion to-Referto,Committee.or Staff: - _.,
Purpose: - To refer the auestion.before;the Council •
• to a,cominittee or to the City staff for .. '
the purpose:of: hvestiQating or studying
••
the proposal' and to make a report back
to the' Council. If the motion fails, .
discussion br vote on the question
• resumes: .
Debatable or Amendable: Yes.
le, . ._
(j) .Motion to Amend:
•
Purpose: To modify or change a motion that is
• being considered by the Council so that
it will express more satisfactorily the
will of the members:: If the motion
fails, discussion or vote, on, the main
motion resumes: If•the motion :passes,
then main motion should be voted on as
amended.
Debatable on Amendable: It is debatable unless, applied to an
undebatable main motion. It is
amendable.
(h) Motion to-PostnoneIndefinitelv:'
Purpose: - To prevent further discussion and
• votine on the main motion:; If the
motion fails, discussion and voting on •
the main motion resumes. If it passes,
• the subject of main motion shall not be
brought up again for the remainder of
the meeting or the next regular meeting,
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 voted.in favor of the
resolution to lay ontheatable.
Debatable;or Amendable: It is debatable but not amendable;,-
(i) MainMotion:
•
16,
Purpose'.. The ;primary proposal or question
•
• before the Council £or discussion and
• decision.
Debatable,or Amendable: Yes.
B. .Ordinances:
1. Introduction: An ordinance shall be introduced by,motion and.seconded
M
by aurerent:me^:oers of the Council ai=any'regular meeting or at a special
meeting called fat the purpose of introducing;.the ordinance. The City.
Clerk shall note the name of the .persons moying and seconding .the
proposal in,the'minutes.
The vote of the members shall determine whether The ordinance shall be
printed or;posted,:as required by Section 45 of the City Charter.
Morons introducing ordinances are deemed:lto. include waiver of full
reading and title‘ofthe•ordinance unless'otherwise specifically stated.
•' 2. Adoption` Ordinances may be'adoptedby motion,and>majority"vote of the
Councilrnembers :present except for those ordinances which require a
larger number of votes for approval. Motions to adopt ordinances are
• deemed-to 'include waiver of full reading, and title of ordinance unless
otherwisespecifically stated. • •
3. Withdrawal of Motion: 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. -
C. Resolutions:.
1. Adopt.en. .A resolution may be adopted by motion and seconded by
dif erent-.mernber s„of the Council. A.resolution,may be acted upon at the
same meeting. Resolutions may•be ;adopted on the date they are first
• presented to the It is notrequired that resolutions be read either
in full or by tide: only. It need not be published or posted unless
specifically required by law.
2. Withdrawal of Resolution: -A resoluion may be withdrawn only with the
. consent of the member_ moving and seconding its adoption, at any time
before it is acted upon bye the Council.
D'. .. Voting: ,In case;,of a tie in voteson any proposal, the proposal is considered lost.
Eyery member present when a question is
cut, mcl>'dinz°przsentar_gr• of a
• resolution for adoption, should vote either"yes" or "no." :At the beginning Of.any
agenda item where'a member has a.financ:3I interest in the qUestion within the
Meaning3of Government Codesection 8 100 (conflicts of..interest), the nature and
extent of the financial; int s shall de "disclosed int iediately and the
Councilmember. shall leave the dais thereby absenting himself/herself from
consideration of the item.
•
The City Clerk'shall record his/her vete as, an abstention. `In all other cases;
`whenever a member refuses to-vote, :the City Clerk nalll cast a vote or'yes'' for
• such,member; • •
•
A tie vote !results in a lost motion:' in such an instance, any member of the: • •
Council may Off. er a motion •for further. action. If there is no-action by an
affirmative vote, the result in nmaction.- If the matter involves an appeal and an
affirmative vote does not occur; the result is that the decision appealed stands as
•decided.bythe decision making person or'body from which•the:anpeal was taken: -
E. Right to.Dissent or Protest:. Any member of the City Council has the right to
express dissent from, or protest against; any ordinance or resolution presented,to
• or adopted'by the Council and have the reasons therefor entere&Upon the minutes - •
of the Council proceedings. "Such dissent or proresi,rust be in/writing: presented.
in respectful language, and presented to .the City Clerk 'riot later than the next
'rzwlar;rneeting following th •da:e or pa sa-ge of the action objected`to,_
'F. Motion for Reconsideration: _-Ater decision`,by the Council on any question,
except the adoption'of'aa:ordinance; any` member:who voted With the majority
•
may move a reconsideration•of anyraction at-the.•same:or next•succeeding:meeting,
and the vote'on such motion shall. be held thereoh, at the neitt succeeding" or
.regular 'meeting not less than one week thereafter, provided, however, that a •
resolution autlioriaingor relating to any contract;may;be reconsidered atanytime
111. before the final execution'thereof. If at the time of the''original decision a
Councilmember intends to later move for:reconsideration, the Councilmember
should so advise of his/her intent:at the time o£the vote=on the original motion. A
motion'to reconsider will require the same::number of votes as is required to adopt
an ordinance or resdlution. If the motion for reconsideration passes, the actual
reconsideration of the question shall be heard at the next regularly scheduled
meeting.not less than'enc.week after the vote on the motion for reconsideration.
After the actual reconsideration of the question has :once been acted upon, no
other motion for or resolution'of a reconsideration-thereofwill be'made without •
unanimous consent of the members present. In- the- case of a tie vote, the
prevailing side Or maiority of the Council will be deemed to be those
Councilmembers who voted in the negative.. •
yam. APPOINTMENTS.-
: A. Definition:
•
- 1-: Commission: For the purposes of this document, "commission" shall
mean' any' local (City); or county;, regional or other outside board,
committee, commission.,agency, ortask'force.
2. Appointment An •action- taken by a majority of`the Council for a
Councilmember to serve[as a representative or'alternate representative to a.
commission.
• 3. Recommendation An action taken 'by a majority of the Council
recommending a Councilmember as representative to county, regional or •
• other outside commission, where final appointment is made by said
• commission.
4: Representative: Official liaison, delegate and/or appointee of Council (see
• attached Exhibit "An for a detailed listing off commissions to which
Councilmembers are appointed or recommended).
B. Ad Hoc (Commission-S.- Ad:Hoc commissions'are formed, on an as-needed basis
• with a clearly defined.purpose and-term.. Ad,Hoc commissions will consist of up
•
•
•
•
to three Coundilmembers, recommended by .the_ Mayor. and concurred with
through a•inotionbythe full Council.
C. Councilmember Appointments and' Recommendations: The Mayor, with the
approval.;of''a majority of the Cbundii;nernbers present, shall make appointments
or recommendations of Courciimember representatives and alternate
representatives to local (City). and county, re=ional, and 'other outside
commissions.
. D:. "Mayor,to Act as Council. Cerer:onial`Pepresentative: The Mayor shall:act,as the
City Council s c_rei10 c!.re• i & htati eat p iblic events and f ibctidhs. In the
Mayor's absence, if the Vice 'Mayor unable to assume the responsibility; the
MVlayor'will appoint anotner,Councuitiember to assume the responsibility.
E. - Councilmember particication- Community Activities From time to time
Councilmembers may c.htoSe to'ears.Gnate in community'activities;, committees,.: •
events, and task-.forces. 'When a Councilmember participates -in these,types.of
activities; the'Councilm nib er i cung''as an interested party rather• har •acting on •
• benalr of the•City Couhcii. Acting or part cipating:on behalf of,the'City Council
is limited"to those instances when the Council has formally designated the
Councilmember asats'recresentarrve fdr,thematter:
F. Annual.Consideration Aliloca (City); County and Regional appoihtmentsshall
he considered on an annual basis Or upon vacancy.
G. 'Procedure:
'!.• Notification: By the first regular Council•meeting in January, the Mayor„
in coordination with the City Clerk, shall notify Councilniembe s', of all
upcoming .opens h gS. fo` Council. representation on local (City); county,
reaiohal;and'other outside,commissions:
2: Interest: Prior :td the second regular Council meeting in January,
•
- Councilmember: shall provideto:the Mayor a list of local•(City), county;
regional or other outside commissions;on which they shave. an interest in .
serving;•as well as•a-li'st of county; regional and other outside commissions,
• to which• they believe the City should appoint or -recommend •a •
representative.
•
3. Availability: Prior to' the second regular Council'meeting in January,
Count lnielribers. shall provide do -the `vlayor a 'schedule of their
availability to-serve on commissions:.
-4. Term: Unless: prohibited by city ordinance or controlling state law,
Councilmembers,wishing to serve -as representatives for more than one
year may'do so with--Cie concurrence of the CoUncil. Collhcilmembers
must express their 'desire tb .do so at the tithe the appointment or
recommendation'is made, at a regular Council;meeting.
Council' Reorganization..and ConfirMation, oc•• '_J nooi"— en's' At the
- second;regular'Council meeting In January,the Mayorshall appoint, with
- the approval of a majority of the Members-,oithe City Council present,
Councilmember 'appointments or recommendations for appointment to-
local (City)'; county, regional and-other outside commis ions
H.. Procedure forrMakings:4nndintments:
1. The Mayorshall notify Councilmembers about upcoming vacancies to all
local, '`aunty, and regional committee ;, commissions, agencies, and
. authoriiies..and there alternatives by Noverriber ' -of each year.
2. Councilrnember ,shall respond, with a list of–the things that each
Councilmember`.is interested in to the=Mayor byDecember 1.
3. The Mayor shall make .recommendations tb the City Council for
appointment to all local county and regional ,committees, commissions,
agencies and authorities and,"the-it alternates.by"oi before the first meeting'
in January'of each.year.
4.: B the first Counc' shall '
By 11"IneeTing in January, the City shall C11sCU5S and
make recommendations for preparation' of a, resolution identifying the
persons;theyreconm ene forfi'tling the,available.pbsitions. The resolution
shall-be adopted by the City;Councihbefore the second Council meeting in
• January'of each year. The adopted resolution shall be final based on a
majority vote.
•; 5. County andregional 'appointments whose forms do not coincide with this
scheduleshall be brought to the-City Council for:consideration.and action
•
with sufficient lead time to•• allow- timely coordination in making
Petaluma's•appdintrrients to those bodies.
Council Aboointees Shall Renort o the Council For county, and regional
appointments; afier the appoimmentsjare made, the Council representative 'shall
provide the City Council with ãd® of the previous and current agenda,-Which
shall be included in the next Council packet along with a brief summary of the
prior county or regional meeting If the meeting minutes areavailable., these shall,
suffice. A regular report- from the Council representative from any particular
Committee, commission, agency or•authority shall be listed on the regular City
CounOil-agendas as■"DiscusSibri, direction and.possible action"to the City Council
renresentativ e of the particularcommittee., commission, agency or authority!'
J. Council'Direction to Their ]Reoresentative: If any Councilmember isinclined to
g,ive direction to the Council reptesentativns to howto vote on a particular issue,
•a motion mayThe made and adonted to^give direction to the representative, anchthe
Council representative shall cast a vote,in that manner. If there is a Council
minority, the reason for the -dissenting vote shall be conveyed to the .particular
• committee, commission; agency onanthority at:thesequest.of-one,o?the minority
• 'Councilmembers. In this case, each Councilniember's vote would need- to be •
stated at the;particular meeting•W'nen voting on that issue.
_ •,
K. Attendance of City Renresentative.at County of.ReQional Agendies.. In regard to
attendance, it shall be the Gouncilmember represenfatives responsibility to Gybe....
Present at each meeting, or (2) arrange the appointed alternate to be present, or
(3) arrange for another member Of the City Council to be present. If •a
representative is absent fommore than three'consecutive meetings; notice will be
,giyen tOithe,touncil; and.,the;subject will.be ag,endized to review the appointrnent,
• L. . Proiect- or Topic-Specific Appointments:- For project or topic-specific
;appoihtments such as an ad hoc cornmittee,like the Petaluma Visitors' Program or
a Specific Plan, the Mayor shall make recommendations to the city Counaii, and
pursuant to the recommendations, the City Council shall ,discuss and give the
Council's recommendations to staff foh-preparatibn of a resolution'-filling the
•
•
•
available positions. Thenesoluiibn,sha11.6e•adapted by the.City Council, and the
decision shallbe final based on a majority vote,;; -
M. Vacancies: fUniesS. prohibited or restricted by controlling provisions of the
Petaluma City Council, should a vacancy ,occur by reason of.circumstances set
forth in Government Code sections 1770, 365,13, 36502, Council shall fill any
such Council vacannc, _chain tiny (30) days, or,within thirty (30) days call for a
special election for`tnat Purpose. The appointed successor Councilmember shall
serve until the expiration of hisrher predecessors term. With respect to other
vacancies cr e d•by way of the provisions set forth in this subsection, Council
shall.fill such vacancies'bv+appointmentwithin sixty'(60) days:
VIII. HEARLNGS. .. .
•
A. Application and Definition: The following procedural. rules shall apply to all
hearings before the Cir• Council. As used herein; the word "hearing" shall
• include all public hearings required by state 'law Cor city ordinance, and
proceedings for the revocation, suspension or reinstatement of permits, licenses,.
and franchises2 •
B. Rights ofInterestedi`Persons; On the date and at-the,time and place designated in
the.notice; the Council shall afford any interested. person or his/her authorized -
representative, or both. the opportunity to present documentary evidence, and/or
_ to present statements; ar_umenis; or contentions orally and/or in writing, subject
• to:the rules of Addressing the Council and,rules hereinafter stated.
G ;PresentationofEvidence:
1. - .
Oral EVidence All oral statements which are ,relevant to the• subject
• -natter of the• hearing •mai be considered by the Council. Oral evidence
may"oe•iaken.on oath or affirmation at the'request.of any interested party
• or his/her authorzed representative.
2: .Exhibits and Documents: Exhibits and: documents' used by the City staff
and, any ':persons participating in the hearing.',may be considered as
•. evidence.
•
•
3. . 'Communications and Petitions:: Al communications and.petitions may be
considered evidenceby the Council.
4. Staff Reports: Whenever practicable, a written staff report ;shall be
prepared, and summarized aloud as par of the staff presentation. Said
`report shall be considered as evidence.
5. Large;Mans and Disnlays Large size mabs and displays presented for use
atthe hearing shall, Whenedei practicable, be displayed;tn full view of the
• participants and. the ..audience. Said. maps or displays; or authentic.
reductions thereof.•may"be considered as evidence..
6. Admissible Evidence: The hearing:need. not be conducted;according to
tedhnical rules relating to evidence and witnesses. Anyrelevant•evidence •
sliall-be admitted lit iris the sort of widence on which responsible persons;
Fare accustomed to rely in he;conduct of serious affairs; regardless of the
existence of any cdriiinon' law 'or. statutory rule: which might make
. improper the admission;of such.ev'dence•in civil actions. 7 '
D Evidence Outside the Hearin° Any..evidence taken. ;outside, the Council
Chambers -such, as field trips,. views of the premises and discussions, with
indiwiduals;'may be considered.by the Council in-reaching_its decision. •
E. Continuances: Any•hearing held.,noticed; or ordered to be held by. the Council
-
may, byminute-action, be'-continued to any subsequent regular or adjourned •
meeting of the Council provided that if,the hearing is continued to a time:less than
twenty-four(24) hours a_1er4theitime specified in the order on notice of hearing, a
copy of the order or notice of:continuance shall' be posted outside the Council
Chamber forthwith-'following the meeting at whicn the order of continuance was
made..
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F. Decision: The Council .shall 'consider all evidence properly presented in
accordance with the rules stated herein and, unless otherwise provided by law, , •
said decision or determination;shall be made by`motion, resolution, or ordinance, •
as' appropriate. Action may be taken'thereon at a subsequent 'meeting of the
•Council, Any Councilmember whofailed`to hear portions of the hearmg and who
did not familiarize himself/herself with the minutes oreonduct thereof so as to be
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• able to publicly•stateahat he/she is familiar with.the issues,and evidence presented
at the hearing shall disqualifyHMIs-elf/her-self?Torn.diScussion-ar.voting on such
matter.
G. Record of Hearing: A verbatim mechanical recording shall be made of the oral
evidence presented at the hearing. Said recording;;together with all documents,
maps, exhibits, and displays admitted into evidence, shall be retained by the City
Clerk.for.a period of eight (8) years from?the date of the'close of the hearing. In
lieu of retaining said recording, the City Clerk may prepare a typewritten
transcript thereof which shall be retained for the same period of time.
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L X. MISCELLANEOUS. . -
A. Inconsistencies:' The Petaluma City Charter, ,the'Brown Act,or other controlling
state law shall prevail over any provisions in these rules:or,procedures which are
inconsistent.
- B. Temporary Change of Rules: Any provision. of the rules, not .governed by the
1111- Petaluma•City Charter or controlling state.law may be temporarily changed at any
meeting, and only for the meeting, by the Council with:.a four-fifths vote of the
members present The vote on any such,changes shall be taken by roll call and
entered upon.the'record.
C. A Non-observance of Rule: These Rules are adopted to expedite and facilitate the
transaction of the business of the City Council in an orderly fashion and shall be . .
deemed to be prodedural only, and the failure,to strictly observe any such Rules •
shall not affect the•jurisdiction of; or invalidate anyaction taken by the Council.
D. Non-,exclusive Rules, Rules set forth are not exclusive and do not limit the
inherent power and general legal authority of the Council, or of its;., Presiding
Officer, to govern'the 'conduct of City Council meetings, as may be considered
appropriate and not consistent with,these Rules from time to time or in particular
circumstances for purposes of orderly`and,effective: conduct of the affairs of the
• City.
E. Review of City Council Rules: The City Council shall review and modify, if
appropriate; the.City Council Rules atleast on a yearly basis.
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Fi. - Unilateral Communications ?:ny application or ,communication provided or
• made to ;a public official or 'employ.ee out of the presence and without the
knowledge of-other paniesin a matter undetconsideration whensucfi application
or cbinmunication•iStdesidned to influence thee official'decision or the"conduct of
that official or employee; or her officials, employees, or agencies in -order to
. obtain favored-treatment cr s_ecial corSideration to advance personal or private
interest'shail be-provided to the City Clerk twenry-four (24) hour siafte its receipt,
and the City'Clerk shall make it oart'c-the record, and the Councilmemb'ers?shall
--disclose such co nunu :ion the City Council meeting at which the matter is
'discussed. -
G :Use, of City Letterhead' With the exception of the Mayor, no City
Counbilmember shall send a letter out on City stationery unless approved by-the
Council.
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EXHIBIT "A" \ 1
!?!1
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COMMISSIONS MCLUDING.CITYCOUNCILMEMBER
REPRESENTATION AND/OR RECOMMENDATIONS FOR
• REPRESENTATION Lb ANY
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ALL CITY COMMISSIONS
Airport Commission (countil Representation)
• Animal Services Advisory-Conamittee (Council Representation) :
Bicycle Advisory Committee (Council Representation) '
Housing Advisory and Appeals Board (Board' of Building Review and .Board of
Appeals)
Disaster Council
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Historical and Cultural Preservation Committee
Library Advisory Board (council Representation) '
Personnel Board • •
Planning Commission (Council Representation)
Recreation, Music, and:Parks Commission (Council.Representation)
Senior Ciii7en Center Committee • . •
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Site Plan and ArehitectUracReview Committee
Teen Council
411
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Page 1 of 2 •
•Di:aft.F?ecommendations for City Council.Procedural Rules
City oiPetaluma,•Californin, 11 English Street, Petaluma, C4 94952
'Telephone207.778-4345 Fax 707 778-4419 Email cityhalkivci.peraluma.ca.us
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Traffic Committee (Council Representation) .•14 EN
ann.,
Tree AdvisOry Committee
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Youth Commission •
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• COUNTY
Local Agency FottratiOn CommiSsion, (LAI" CO) — Recommendation to Mayor
and COunciii3ienabets Association
Sonoma County.Transportation Agency-(Conneil Represgntation)
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Sonoma County Water Agency Water Advisory Committee .(Council.
Representation)
Sonoma County Water Agency Advisory Committee — Recommendation to
Mayor and Conncilm'ettibers' Association
-Zone 2-A AdVisory Cammittee (Council RepreSentation)
REGIONAL, STATE; AND NATIONAL.
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Bay AreaAit Quality Mariageniett Distictl(CouncitRepresentation)
Golden Gate Bridge District • • -
Marin/Sonoma Mosquito & Vector Control-JDiStriCt
Noi'th Bay Watershed Association (COtincilRepresentation)
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North Coast Rail Authority
Sonoma Matin Area Rail Transportation Commission;,(Councif Representation)
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Fag.2 of 2
Draft Recommendations for City Council-ProcidilfralRziks
City of Petaluma,:Caljornia, 1 I English Street,i•Petaluma, CA 94952 • •
Telephone 107 778-4345 FarI707 778-4419 •Erimitcityhall@ci.petaltima.ca.us
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