HomeMy WebLinkAboutAgenda Bill 06/25/2001 (22) JUN252001 , 9
PETALUMA C I T Y COUNCIL
RULES, POLICIES AND
• PROCEDURES
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"DRAFT"
(February 26, 2001)
rules
2/26/01 (fmk)
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TABLE OF CONTENTS
I. MEETINGS 1
A. Regular Meetings 1
B. Special Meetings 1
C. Adjourned Meetings 1
D. Emergency Meetings. 2
E. Location 2
F. Quorum 2
G. Study Session 2
II. 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. Order of Business 4
C. Agenda- Contents 5
D. Agenda-Posting 5
E. Matters Not 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 of Meetings 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 9
A. Getting the Floor 9
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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 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
1. 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 At as Council Ceremonial Representative 20
E. Councilmember Participation in Community Activities 20
F. Annual Consideration 20 •
G. Procedure 20
1. Notification 20
2. Interest 20
3. Availability 21
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 at County or Regional Agencies 92
L Project- or Topic-Specific Appointments 22
M. Vacancies 93
VIII. HEARINGS 23
A. Application and Definition 23
B. Rights of Interested Persons 73
C. Presentation of Evidence 23
1. Oral Evidence 23
2. Exhibits and Documents 73
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 25
A. Inconsistencies �5
B. Temporary Change of Rules 25
C. A Non-observance of Rule 25
D. Non-exclusive Rules - -- 75
E. Review of City Council Rules 25
F. Unilateral Communications 26
G. Use of City Letterhead 26
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. "DRAFT" OF CITY COUNCIL RULES, POLICIES & PROCEDURES
February 26, 2001
I. MEETINGS.
A. Regular Meetings: The City Council shall 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 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. New 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 andradio/television station requesting
notice in writing. 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 Councilmember 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, adjourned
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 members 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
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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. Brown Act.
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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 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 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 taking of any
informal vote or consensus in any matter under discussion. The participation of
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the public in such sessions shall be within the discretion of 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, etc.
II. 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. • - _. . _ _ :e -- ,•t 75-5 _ II - ..as .
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of at least three members of the City Council,
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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 1I(A)(1) shall be by three or more
affirmative votes. New agenda items' proposed to be added to a draft`
agenda under discussion at 0 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. • : •• .
item that comes to the attention of the City Manager after the Council,
Manager with concurrence 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 •
Council meeting in which 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 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.
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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
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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:
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No action or discussion shall take place on.any item not appearing on the
agenda for a regular meeting as 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.nieinbers
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 II(A) herein.
F. 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.
Action Minutes: Minutes of City Council meetings will be action minutes.
Action minutes will include final motions with votes. The minutes will
also reflect 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. •
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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'niaintained 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 on 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
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
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abstained, it is 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 ATCOUNCIL 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
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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 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 fora 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 permit 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/sheis
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 numberof persons wishing to speak and establish time
limits of three(3) minutes maximum 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.
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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 debate.
B. Interruptions: A Councilmember, once recognized, shall not be interrupted when
speaking unless called to order by the PresidingOfficer, 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 determine all points of order subject
to the right of any Councilmember 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
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 Council is 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, nor 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 procedufal 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.
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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 iri'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 Mayor 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 bythe Presiding Officer to explain.
The Presiding Officer shall control time of individual presentations in
accordance with'these.rules.
3. Right of Appeaf=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.
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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
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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 an opportunity to serve.
C. City Clerk/Duties: The City Clerk shall be the Clerk of the City Council, whose
duties at Council meetings shall be as follows:
1. Call and record the names of the members present;
2. Keep and record all minutes 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, unless he 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 them by the Mayor; but any two or more members
may exchange seats by mutual agreement.
VI. PROCEDURES.
A. Motions:
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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
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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,
Councilmembersmay 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.
(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.
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(b) A motion shall not be in order when the previous question has been
ordered. . •
(c) A motion shall not be in order 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 for consideration •
during the current meeting or at the
next regular meeting. It is also referred
to as a motion 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 Councilmember,
when recognized by the Presiding
Officer, may move to vote immediately.
Upon such motion, if seconded, all •
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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
thepurpose 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.
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(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 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 on the table.
Debatable or Amendable: It is debatable but not amendable.
(i) Main Motion:
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Purpose: The primary 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.
•
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•
2. Withdrawal of Resolution: A resolution may be 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: Incase 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"yes" 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'bythe 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 orresolution 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,in writing, presented
in.respectful language, and presented to the City Cleric not later than the next
regular meeting following the date or passage of 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 a 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
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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 same 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
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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 Councilmembers 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,
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
is limited to those instances when the Council has formally 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.
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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 1 of each year.
2. Councilmembers shall respond, with a list of the things that each
Councilmernberis;interested in, to the Mayor by December 1.
3. The Mayor shall make recommendations to the City Council for
appointment to all local, 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;adepted 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
Oschedule 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. •
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 Councilmember is inclined to
give direction to the Council representative as to how to vote on a particular issue,
a motion may be 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 Councilmember representative's responsibility to (1) be
present at each meeting, or (2) arrange for the appointed alternate to be present, 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 will be 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
22
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 fonthat 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 g for the revocation, suspension or reinstatement of permits, licenses,
and franchises. •
B. Rights oflnterested-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, orally and/or in writing, subject
to the rules of Addressing the•Council and ruleshereinafter 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;: Ekhibits and documents used by the City staff
and any persons participating in the hearing may be considered as
evidence.
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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 Maps.and 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 if is 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 the Council 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 continued to a time less than
twenty-four (24) hours 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 same 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 lawmay 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.
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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 the conduct 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 Councilmenibers 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.
•
•
•
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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
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Page l 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.petaluma.ca.us
Traffic Committee (Council Representation)
Tree Advisory Committee •
Youth Commission
COUNTY.
Local Agency Formation Commission (LAFCO)— 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.petaluma:ca.us