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HomeMy WebLinkAboutStaff Report 10 06/18/2001 Item No. 10 June 18, 2001 Resolution Adopting Revised. Council Rules, Policies and Procedures M Has Been Rescheduled to Monday, June 25, 2001 • M SAI 2GU 0 • PETALUMA CITY COUNCIL RULES, POLICIES AND PROCEDURES S • "DRAFT" (February 26, 2001) rules 2/26/0 I (fink) TABLE OF CONTENTS • I. MEETINGS - 1 A: Regular Meetings 1 B. Special Meetings 1 C. Adjourned Meetings T D. Emergency Meetings 2 E. Location. 2 F. Quorum 2 G. Study Session - _ 2 IL AGENDA 3 A. Agenda -Preparation of 3 1. Preparation of Draft Agenda 3 2. Approval of Draft Agenda. 4 3. Additions to Approved Draft Agenda 4 B. Orderof Business 4 C. Agenda- Contents 5 • D. Agenda- Posting 5 E. MattersNot Appearing,on the Agenda 5 F. Minutes 6 1. Action Minutes 6 2. Reading of Minutes 6 3. Comments for the Record _ 7 4. Audio and Video Recordings,ofMeetings 7 G. Consent Calendar 7 III. PUBLIC PARTICIPATION AT COUNCIL MEETINGS 7 A. Public Comment 7 B. Permission Required/Speaker Card 8 C. Time-Limitations - Generally 8 D. Manner of Addressing Council 9 IV. DEBATE & DECORUM g 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 S V. OFFICERS AND MEMBERS 11 • A. Presiding Officer 11 1. Designation 11 2. Duties of Presiding Officer 1.1 3. Right of Appeal for Presiding Officer Ruling 11 B. Vice Mayor 11 • C. City Clerk/.Duties 12 D. Attendance 12 E. Seating Arrangement 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 • (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 of Resolution 18 D. Voting 18 E. Right to Dissent or Protest 18 F. Motion for Reconsideration 18 VII. APPOINTMENTS 19 A. Definition 19 1. Commission 19 2, Appointment 19 3. Recommendation 19 4. Representative 19 B. Ad Hoc Commissions 19 C. Councilmember Appointments and Recommendations 20 D. Mayor to,Act as Council Ceremonial Representative 20 E. Councilmember Participation in Community Activities 20 • F. Annual Consideration 20 ii G. Procedure 20 1. Notification 20 2. Interest • 20 • 3. Availability 71 4. Term 21 5. Council Reorganization 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 atiCounty or Regional Agencies 22 L Project-nor Topic-Specific Appointments 22 M. Vacancies 23 VIII. HEARINGS 23. A. Application and Definition - 23 B. Rights of Interested Persons 23 C. Presentation of Evidence 23 1. Oral Evidence 2. Exhibits and Documents 23 3. Communications and Petitions 24. 4. Staff Reports 24 5. Large Maps'and:Displays 24 6. Admissible Evidence 24 • D. Evidence Outside the Hearing 24 E. Continuances 24 F. Decision 24 G. Record of Hearing 25 IX. MISCELLANEOUS 75 • A. Inconsistencies . 25 B. Temporary Change of Rules 75 C. A Non-observance of Rule 25 D. Non-exclusive Rules 25 E. Review of City Council Rules 25 F. Unilateral Communications 26 G. Use of City Letterhead 26 • • iii "DRAFT" OF CITY COUNCIL RULES,POLICIES:& PROCEDURES • February 26, 2001 MEETINGS. A. Regular Meetings: The City Council shall hold regular meetings on the first and third Mondays of the month at 3:00 PM unlessthere is a need for a closed session which in such case may commence at 2:00 PM. Whenever the date fixed for any regular meeting of the Council falls upon a date designated as a holiday, such meeting will be held at the same hour on the next succeeding Monday not a holiday. Nev agenda items 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 the next adjourned or regular meeting. B. Special Meetings: Special meetings may be ordered at any time by the Mayor whenever in his/her opinion the public business may require it or upon the written request of any majority of all the members of the Council. Whenever a special meeting shall be called, written notice of such meeting shall be delivered personally or by mail by the City Clerk to each member of the Council and to • each local newspaper of general circulation and radio/television station requesting notice in writirig. Such notice must be delivered 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 Councillnember who, at or prior to the time the meeting convenes, files with the'City Clerk a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with.as to any member who is actually present at the 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. Business not in the notice shall not be considered at such meeting. C. Adjourned Meetings: The City Council may adjourn any regular, regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all meinbers are absent from any regular or adjourned regular meeting the clerk or secretary of the legislative body may declare the meeting adjourned to a stated 1 time and place and he/she shall .cause a written notice of the adjournment to be given in the same manner as provided 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 meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the 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 54956.5. E. Location: All regular, 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. Brot Act. F. Quorum: A•majorityof the members of the Council shall constitute a quorum for the transaction of business; but a lessernumber than a quorum_may adjourn from time to time. G. Study Session: The Council may from time to time meet,in:study-sessions open ., to the public-and-news media, the time'and place to be designated by the Mayor or a.majority of the Councilmembers. 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 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 taking of any informal vote or consensus in any matter under discussion. The participation of • 7 • the public in such sessions shall be within the discretion of the Presiding Officer and subject to Council concurrence arid compliance with the Brown Act. Study sessions need not be so designated, but may be called idea sessions, information sessions, workshops, etc. IL AGENDA. A. .Agenda 1. Preparation of Draft Agenda: A draft agenda;shall be prepared by the City Manager for each regular meeting containing the time of commencement • of the meeting, the specific items of business to be transacted and the order thereof The City Manager (a) may,place items: on the draft agenda for discussion and/or action; (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. r • •- :- • -I.: • ' the reques e-t-he-Ei , ..s . • - . pia -• - -• - .- pen majority vo - - . of the City Council. In order for an:item to be placed on a draft agenda for b-y e-i-• . only-be-put-an-the-draft agenda for discussion unless agreed unanimously = b • • of at 4- .,three members of the City Council. 3 2. Approval of Draft Agenda: Said draft regular meeting agenda shall be • presented to the City Council for approval for the date and time specified at the preceding Council meeting. Approval of those matters placed on the draft agenda pursuant to 'Section II(A)(1) shall be by three or more affirmative votes.. 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 Counc'ilihemhers present. No additional items shall-be a•"• = provided in Section II(E) herein provided item that comes to the atts ttha - • - e.nGi-I. . .. -o ,... - •' .fib. _ __ "o " •-c' ence of the City Attorney-.. 3. Additions to Approved Draft Agenda: After the draft agenda is approved by the City Council and before the posting of said agenda for the City Mr Council meeting in winch the items will be addressed, additional items shall be placed on said agenda when (a) the City Manager receives a letter or memo 'signed by two Councilmembers or receives two 'e=mails requesting that an nem 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 nem: (b) the City Manager determines, vvith 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. For purposes of this section,."writing" includes e-mail. • B. Order of Business: At the time set for each regular meeting, the Mayor shall call the meeting to order; and the business of the Council shall' be taken up for • 4 • consideration;and disposition in the order set forth. The order of the agenda shall be.established by the City Clerk, who may fix a time for public hearings at a later time in the meeting than its commencement. With the consent of a 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 or when appropriate, the following headings: 1. Roll Call of Members. 2. Pledge of Allegiance. 3. Moment of Silence.. 4. Public Comment. 5. Proclamations. 6. Correspondence. 7. Council Comments 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 Closed Session. 15. Report Out of Closed Session. 16. Approval of Proposed Agenda. 17. Adjourn. D. Agenda - Posting: At least 72 hours before a regular meeting, the City Clerk shall post the agenda in a place 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 before the meeting. Packet materials or any supplemental material shall be delivered to Councilmembers on a weekday by 5:30 PM. E. Matters Not Appearing on the Agenda: 5 • 1. No action or discussion shall take place on any item not appearing on the agenda for a regular meetingas posted, unless: • (a) The City Council determines by majority vote that an emergency situation exists as,defined in.Government Code section 54956.5; (b) The City Council determines by a two-thirds vote of the members of the City Council present at the meeting„ or, if less than two thirds of the members are present, an unanimous vote: of those members present, if there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted. (c) The item was included in a posted agenda for a prior meeting held not more than five (5) calendar days prior to the meeting at which the item is acted upon and at the prior meeting the item was continued to the meeting;at-which action is being taken. 2. When an item not on,an agenda is raised by a member of the public, the City Council may briefly respond, may ask questions for clarification, • provide a reference to staff or the 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,1I(A)herein. F. Minutes: The reading of minutes of the preceding meeting may dispensed with unless required on a vote of the majority of the Councilmembers present. If no objection to the minutes.is made, the same will be deemed approved. 1. Action Minutes: Minutes of City Council meetings will be action minutes. Action minutes will include final motions with votes. The minutes will also:refiect the names of,public speakers. Council and staff discussion and comments will not be.included in the minutes. 2. Reading of Minutes; The reading of minutes of the preceding meeting may be dispensed with unless required on a vote of the majority of the Councilmembers present. If no objection to the minutes is;made, the same will be deemed approved. • 6 3. Comments for the Record: If a 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 comments. 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 made available to members of the news media 'and the public at Council meetings shall be grouped together and listed under the Consent Calendar. If any Councilmember abstains from voting on any item ondhe Consent Calendar clue to.a conflict of interest, or otherwise, the Councilmember shall so state, and the abstention shall be recorded by the City Clerk The Council, including the member or members who have abstained may then vote, provided that for any item in which a member or members have abstained, it s. deemed that 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 toto by one action of the Council unless any 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 public will be given an opportunity to comment on the-particular item. III. PUBLIC PARTICIPATION AT COUNCIL MEETINGS. A. Public Comment: Every agenda for 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 7 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 public to address • the legislative body on any item that has already been considered by a committee, composed exclusively Of members 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:or during 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 opportunity-for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of the item. No person will be permitted to address the Council during the public comment portion ofthe agenda unless he/she is permitted by the Presiding Officer or, if a member of Council. requests the Presiding Officer to permit'such person to address the Council. If'a member of the Council requests the Presiding Officer to allow a.person to address the Council during public comment, the Presiding Officer shall peiinit such person to address the Council. B. Permission Required/Speaker 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 address the 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 maximum 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) minutes maxin um for individual presentations. Persons who address the Council 'under specific agenda items will be limited to ten (10) minutes, unless specific extension is approved by a majority of the members present. 8 • D. Manner of Addressing Council: .Any person desiring to address the Council shall stand and wait to be recognized by the Presiding Officer. After being recognized, he/she shall approach the podium, state his/her 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 thereof. No question shall be asked a Councilmember or a member of the City staff without first obtaining permission of the Presiding Officer. IV. DEBATE & DECORUM. A. Getting the Floor: Every Councilmember desiring to speak shall first address the Chair, gain recognition by the Presiding Officer, and shall confine himself/herself to the question under dehate. B. Interruptions: A Councilmember, 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 Councilmember, or unless the speaker chooses to yield to a question by another Councilmember. If a Councilmember, while speaking, is called to order,-he/she shall cease speaking until the question of order is determined; if determined to be in order, he/she may proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks, or until recognition is withdrawn by the • Presiding Officer. C. Points of Order: The Presiding Officer shall detef nine all points of order subject to the right of any Councilnteinber to appeal to the Council. He/She may request an opinion of the City Clerk or City Attorney in making such determination. Council decision shall conclusively determine such question of order. D. Point of Personal Privilege: The right of a Councilmember to address the Council of a question of person privilege 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 • 9 interrupt another Councilmember who has the floor subject only to the power of the Presiding Officer to call him/her out of order. • E. Decorum and Order - Council and City Staff: While the Councihis in session, the Councilmembers 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, not disturb any member while speaking or refuse to obey the 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 disrespectful, impertinent or slanderous .remarks, or who becomes boisterous while 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 may be barred from further audience before the:Council;during that meeting. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the Presiding Officer, who shall direct the Sergeant-at-Arms to • remove such offenders from the room. G. Enforcement of Order and Decorum: The Chief of Police, or such member of the Police-Department as he/she may designate, 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 Officer of Council for the purpose Of maintaining order and;decorum at the Council meetings. Any Councilmember 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. • 10 • V. OFFICERS AND MEMBERS. A. Presiding 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 in Sections,20 and 21 of the City Charter. The Presiding Officer may introduce or second and debate any matter before the Council from the chair. The In the absence of the Manor and Vice Mayor, the Council shall select, by majority vote of those present, a temporary chairman who will perform the duties of the Presiding, Officer until either the Mayor or Vice Mayor appears. 2. Duties,of Presiding Officer: Decorum and order shall be preserved by the Presiding: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 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. Right of Appeal 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 briefly the basis for the ruling;, but, there will be no debate on the appeal, and no other member may participate in the discussion. The Presiding Officer will then put the question, "Will the decision of the chair be sustained?" If a majority vote "yes" the ruling of the Presiding Officer prevails; if otherwise, it is overruled. B. Vice Mayor: The Vice Mayor shall 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 Councilmembers, their seniority shall be established by the 11 number of votes received at the time of their election. If a Councilmember does not accept 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 • members of the Council have had`anopportunity to serve. C. City'Clerk/Duties: The City.Clerloshall be the Clerk of the City Council, whose duties at Council meetings shall be follows: 1. Call and record the names of the members present; 2. Keep and record alhminutes'of the meetings of the City Council; 3. Read and present all communications and written reports, proposed resolutions and ordinances; 4. Record the yes and no "votes of the members of the Council on all resolutions and ordinances introduced_and adopted; 5. 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 Directors prior to the meeting. The City Clerk shall post•the agenda in a public area seventy-two (72) hours prior to each regular and adjourned meeting. Agendas for special,meetings shall be posted twenty-four (24) hours prior to 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; unlesshe or she steps down because of a conflict of interest. E. Seating Arrangement: Members of the' Council shall occupy' the. seats in the Council Chambers assigned to then by'the Mayor, but any two or more members may exchange seats by mutual agreement. VI. PROCEDURES. A. Motions: • f. Procedure - Generally: (a) Motions may be made by any member of the Council, including the Presiding 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 Councilmember wishing to second a motion should do so through a verbal request to the Presiding Officer. (e) Once the motion has been properly made and seconded, the Presiding Officer shall open the matter for discussion offering the first opportunity to the moving-party and, thereafter, to any Councilmember properly recognized by the Presiding Officer. (f) Once the matter has been fully discussed and a vote called for, no further discussion will be allowed, provided, however, • Councilmenibers may be allowed to explain their vote. 2. Precedence of Motions: When a main motion is before the Council, no motion shall be entertained except the following which shall have precedence, one over the other, in the following order: (a) Adjourn. (b) Recess. (c) Postpone temporarily or definitely (table). (d) Previous question. (e) • Limit or extend debate. (f) Refer to committee or staff. (g) Amend. (li) 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. 13 • (b) A motion shall not bean order when the previous question has been • ordered. (c) A motion shall not be imorder 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 to Adjourn: Purpose: To terminate a meeting. Debatable:or 'Amendable: No, except to adjourn-to another time to which the meeting is to be adjourned. (b) Motion to Recess: Purpose: To permit an interlude in the meeting and to set a definite time:for continuing the meeting. Debatable or Amendable: Yes, but restricted-as to time or duration of recess. (c) Motion to Postpone Temporarily: • Purpose:. To set aside, on a temporary basis, a pending main motiOn .provided that it may be taken up again.forconsideration during the current: meeting' or at the next regular meeting. It is also referred to as amotion to lay on-the table. Debatable or Amendable: It is debatable but not amendable. (d) Motion for Previous Question (Vote Immediately): Purpose: To prevent or stop discussion on the pending question or questions and to bring such question or questions to vote immediately. Any Councilmembet, when recognized by the Presiding Officer, may move to vote immediately. Upon such motion, '.if seconded, all • 14 • 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 devoted to discussion of a pending motion or to extend or remove limitations already imposed on its discussion. Debatable or Amendable: Not debatable: amendments are • restricted to the period of time of the , proposed limit or extension. (f) Motion to Refer to Committee or Staff: Purpose: To refer the question before the Council to a committee or to the City staff for the purpose of investigating or studying the proposal and to make a report back to the Council. If the motion fails, discussion or vote on the question • resumes. Debatable or Amendable: yes. 15 (g) 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 or Amendable`. It is debatable unless applied to an undebatable main motion. It is amendable. (h) Motion to Postpone Indefinitely: Purpose: To prevent further discussion and voting 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 do 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 on the table. Debatable).*Amendable: It is debatable but?not amendable. (i) Main Motion: 16 • Purpose: The priinaty proposal or question before the Council for discussion and decision. Debatable or Amendable: Yes. B. Ordinances: 1. Introduction: An ordinance shall be introduced by motion and seconded by different members of the Council at any regular meeting or at a special meeting called for the purpose of introducing the ordinance. The City Clerk shall note the name of the persons moving 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. Motions introducing ordinances are deemed to include waiver of full reading and title of the ordinance unless-otherwise specifically stated. 2. Adoption: Ordinances may be adopted by motion and majority vote of the Councilmembers 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 otherwise specifically 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. Adoption: A resolution may be adopted by motion and seconded by different members 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 Council. It is not required that resolutions be read either in full or by title only. It need not be published or posted unless specifically required by law. 17 2. Withdrawal of.Resolution: A resolution maybe withdrawn only with the • consent of the members moving and seconding its adoption, at any time before it is acted upon by the Council. D. Voting: In case of a tie in votes on any proposal, the proposal is considered lost. Every member present when a question is put, including presentation of a resolution for-adoption, should vote either "yes" or "no!' At the beginning of any agenda item where a member has a financial interest in the question within the. . meaning of Government Code section 87100,(conflicts of interest), the nature and extent of the financial interest shall be disclosed immediately and the Councilmember shall leave the dais thereby absenting himself/herself from consideration of the item. The City Clerk shall record his/her vote as an abstention. In all other cases, whenever a member refuses to vote, the City Clerk shall cast a,vote of`eyes" for . such member. • A. tie vote results in a lost motion. In such an instance, any member of the • Council may offer a motion for further action. If there is no action by an. affirmative vote, the result in no action. If the matter involves an appeal, and an affirmative vote does not occur; the result is that the decision appealed stands as decided by the decision-making person or-body from Which the appeal 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 entered upon the-minutes of the Council proceedings. Such dissent or protest must be imwriting, presented in respectful language, :and presented to the City Clerk not later than the next regular-meeting following the date or:passage of the action-objected to. F. Motion for Reconsideration: After decision by the Council on any question, except the adoption of an ordinance; any member who voted with the majority may move reconsideration of any action:at the same or next succeeding meeting, and the vote on such motion shall be held thereon, at- the next succeeding or regular. meeting not less than one week, thereafter; provided, however, that a • resolution authorizing or relating to any contract may be.reconsidered at any time 18 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 of the vote on the original motion. A motion to reconsider will require the' number of votes as is required to adopt an ordinance or resolution. If the motion for reconsideration passes, the actual reconsideration of the question shall be heard at the next regularly scheduled meeting not less than one 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 thereof will be made without unanimous consent of the members present. In the case of a tie vote, the prevailing side or majority of the Council will be deemed to be those Councilmembers who voted in the negative., VII. 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, or task 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 "A" for a detailed listing of commissions to which Councilmembers are appointed or recommended). B. Ad Hoc Commissions: Ad Hoc commissions are formed on an as-needed basis with a clearly defined purpose and term. Ad Hoc commissions will consist of up •• 19 to three Councilmembers, recommended by the Mayor and concurred with through a motion by the full Council. • C. Councilmember Appointments and Recommendations: The Mayor, with the approval of a majority of the Councilinenibers present; shall make appointments or recommendations of • Councilmember representatives and alternate representatives to local (City) and county, regional, and other outside commissions. D. Mayor to Act as Council Ceremonial.Representative: The.Mayor shall act as the. • City Council's ceremonial representative at public events and functions. In the Mayor's absence, if the Vice.Mayor is unable to assume the responsibility, the Mayor will appoint another Councilmember to assume the responsibility. E. Councilmember Participation in Community Activities: From time to time, t Councilmembers may choose to participate in community activities; committees, events, and task forces. 'When a Councilmember participates in these types of activities, the Councilmember is acting as an interested party rather than acting on behalf of the City Council. Acting or participating on behalf of the City'Council 0 is limited to those instances when the Council has forth-ally designated the Councilmember as its representative for the matter. F. Annual Consideration: All local (City), County and Regional appointments shall be considered on an annual basis or upon vacancy. G. Procedure: 1. Notification: By the first regular Council meeting in January, the Mayor, in coordination with the City Clerk, shall notify Councilmembers of all upcoming openings for Council representation on local (City), county, regional and other outside-commissions. 2. Interest: Prior to the second, regular Council meeting in January, Councilmembers shall provide to the:Mayor a.list of local (City), county, regional or other outside commissions on which they have an interest in serving: as well as a list of county; regional and other outside commissions to which they believe the City should appoint or recommend a representative. • 20 3. Availability: Prior to the second regular Council meeting in January, Councilmembers shall provide to the Mayor 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 the concurrence of the Council. Councilmembers must express their desire to do so at the time the appointment or recommendation is made, at a regular Council meeting. 5. Council Reorganization and Confirmation of Appointments: At the second regular Council meeting in January, the Mayor shall appoint, with the approval of a majority of the members of the City Council present, Councilmember appointments or recommendations for appointment to local.(City),:county, regional and other outside commissions. H. Procedure for Making Appointments: 1. The Mayor shall notify Councilmembers about upcoming vacancies to all • local, county, and regional committees: commissions, agencies, and authorities and their alternatives by"'November I of each year. 2. Councilmembers shall respond, with a list of the things that each Councilmember is interested in, to the Mayor by December 1. 3. The Mayor shall make recommendations to the City Council for appointment to all focal, county and regional committees, commissions, agencies and authorities and their alternates by or before the first meeting ' in.January of each year. 4. By the first Council meeting in January, the City Council shall discuss and make recommendations for preparation of 'a resolution identifying the persons they recommend for filling the available positions. The resolution shall be adopted by the City Council before the second Council meeting in January of each year. The adopted resolution shall be final based on a majority vote. 5. County and regional appointments whose terms do not coincide with this • schedule shall be brought to the City Council for consideration and action 21 with sufficient lead time to allow timely coordination in making Petaluma's appointments to those bodies. i I, Council Appointees Shall Report to the Council: For county and regional appointments; after the appointments are.made, the Council representative shall provide the City Council with a copy 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 are available, 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 Council agendas as "Discussion; direction and possible action to the City.Council representative of the particular committee;commission,agency or authority:'' J. Council Direction to Their Representative: If any Councilmetuber-is inclined to give direction to the Council representative as to how to vote.on a'particulars issue, a motion maybe made and-adopted'to give direction to the representative, and the 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 or(authority at the request of one of the minority - Councilmembers. In this case,, each Councilmember's vote would need to be stated at the particular meeting when voting,on-.that issue. K. Attendance of City Representative at County or Regional Agencies: In-regard to attendance, it shall be the Councilnieinber'representative's responsibility to (1) be present at each meeting,,or (2) arrange for the appointed,alternate to,bepresent, or (3) arrange for another member of the City Council to be present. If a representative' is absent for more than three consecutive meetings, notice will be given to the Council,and the subject wilhbe agendized to review the appointment. L. Project- or Topic-Specific Appointments: For project or topic-specific appointments such'as an ad hoc committee like the Petaluma Visitors' Program or .a'Specific Plan, the Mayor shall make recommendations to the City Council, and pursuant to the recommendations, the City Council shall discuss and give the Council's recommendations to staff for preparation of a resolution filling the • Z2 available positions. The resolution shall be"adopted by the.City Council, and the decision shall be final based on a majority vote. M. Vacancies: Unless 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, 36513, 36502,, Council shall fill any such Council vacancy within thirty (30) days, or within thirty (30) days call for a special election for that purpose. The appointed successor Councilmember shall serve until the expiration of his/her predecessor's term. With respect to other vacancies created by way of the provisions set forth in this subsection, Council shall fill such vacancies by appointment within sixty(60) days. VIII. HEARINGS. A. Application and Definition: The following procedural rules shall apply to all hearings before the City Council. As used herein, the word "hearing" shall include all public hearings required by state law or city ordinance, and • proceedings for the revocation, suspension or reinstatement of permits, licenses, and franchises. B. Rights of Interested 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, arguments, or contentions orally and/or in writing, subject to the rules of Addressing the Council and rules hereinafter stated. C. Presentation of Evidence: 1. Oral Evidence: All oral statements which are relevant to the subject matter of the hearing may be considered by the Council. Oral evidence may be taken on oath or affirmation at the request of any interested party or his/her authorized 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. • 23 3. Communications and Petitions: All communications.and petitions may be considered as evidence by the Council. • 4. Staff Reports: Whenever practicable, a written staff report shall be prepared and summarized aloud as part of the staff presentation. Said report shall be considered:as evidence. 5. Large Mapsand-Displays: Large size:maps and displays,presented for use at the hearing shall, whenever practicable, be displayed,in 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 technical rules relating to evidence and witnesses. Any relevant evidence shall,be admitted it ifis the sort of evidence on which responsible persons are accustomed-to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence in civil actions. D. Evidence Outside the Hearing: Any evidence taken outside the 'Council Chambers such as field trips, views of the premises and discussions with • individuals, may be considered.by theCouncil in reaching its decision: E. Continuances: Any hearing held, noticed, or ordered to be held by the Council may, by minute action, be continued to any subsequent regular or adjourned meeting of the Council provided that if the:hearing is continuedto a time less than twenty-four.(24)thous after the time 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 which the order of continuance was made.. 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 who failed to hear portions of the hearing and who did not familiarize himself/herself with the minutes or conduct thereof so as to be 24 • able to publicly state that he/she is familiar with the issues and evidence presented at the hearing shall disqualify himself/herself from discussion or 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:sarr e period of time. IX. 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 Petaluma City Charter or controlling state l'aw 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 procedural only, and the failure to strictly observe any such Rules shall not affect the jurisdiction of, or invalidate any action 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 at least on a yearly basis. 25 F. Unilateral Communications: Any application or communication provided or made to a public official or employee out of the presence and without the • knowledge'of other parties in a matter under consideration when such application or communication is designed to influence the official decision or theconduct of that official or employee, or other officials, employees, or agencies in order to obtain favored treatment or special consideration to advance personal or private. interest shall be provided to the City Clerk;twenty-four (24) hours after'its receipt, and the City Clerk shall make it part of the record, and the Councilmembers'shall disclose such-communication at the City Council meeting at which the matter is discussed. G Use of City Letterhead: With the exception of the Mayor, no City Councilmember shall send a letter out on City stationery unless approved by the Council. • • • 26 EXHIBIT "A" • • COMMISSIONS INCLUDING CITY COUNCILMEMBER REPRESENTATION AND/OR RECOMMENDATIONS FOR REPRESENTATION IF ANY ALL CITY COMMISSIONS Airport Commission(Council Representation) Animal Services Advisory Committee (Council Representation) Bicycle Advisory Committee (Council Representation) Housing Advisory and Appeals Board (Board of Building Review and Board of Appeals) Disaster Council Historical and Cultural Preservation Committee Library Advisory Board (Council Representation) Personnel Board Planning Commission (Council Representation) Recreation, Music, and Parks Commission (Council Representation) Senior Citizen Center Committee Site Plan and Architectural Review Committee Teen Council • Page 1 of 2 Draft Recommendations for City Council Procedural Rules City of Petaluma, California, II English Street, Petaluma, CA 94952 Telephone 707 778-4345 Fax 707 778-4419 Email cityhall(a)ci.petaluma.ca.us Traffic Committee(Council Representation) Tree Advisory Committee • Youth Commission COUNTY. Local Agency Formation Commission (LAFCQ) Recommendation to Mayor and Councilmembers' Association Sonoma County Transportation Agency (Council Representation) Sonoma County .Water Agency Water Advisory Committee (Council Representation) Sonoma County Water Agency Advisory Committee — Recommendation to Mayor and Councilmembers' Association Zone 2-A Advisory Committee (Council Representation) • REGIONAL, STATE, AND NATIONAL Bay Area Air Quality Management District (Council Representation) Golden Gate Bridge District Marin/Sonoma Mosquito & Vector Control District North Bay Watershed Association (Council Representation) North Coast Rail Authority Sonoma Marin Area.Rail Transportation Commission (Council Representation) Page;2 of 2 • Draft Recommendations for City Council Procedural Rules City of Petaluma, California, 11 English Street, Petaluma, CA 94952 Telephone 707 778-4345 Fax 707 778=4419'Email'cityhall @ci.petalumaca.us: