HomeMy WebLinkAbout01-30-2009 Supplemental Council AgendaCommunity Outreach Brainstorming
Staff Retreat January 16, 2009
Office Hours offered in the evening, so residents could speak with the Mayor or other
Councilmembers
o Coffee with the Mayor /Council at a Saratoga coffee house (change location each
time)
City Council booth at local events, like Farmers Market
Attend Commission meetings
o Could schedule visits on a quarterly or annual basis
Attend neighborhood association meetings
Visit with teens at Library or other locations
City Council Meetings in different locations throughout Saratoga neighborhoods
State of the City address
YouTube special address or meeting on YouTube
Leadership Academy
Personal invitations to attend Council Meetings for special events or presentations
City Council Facebook page
Holiday letter to residents from entire Council
Fun run or some other sport (tennis, basketball, baseball, etc.) with the Mayor /Council
Creek /Litter cleanup with the Mayor /Council
Reception with Mayor and Recreation instructors
Visit SASCC and Recreation Department programs
Visit Congress Springs Park on game day
Grand openings and ribbon cuttings
Attend start of season celebrations for youth sports groups
Town hall meetings in neighborhoods related to subjects important to that
neighborhood
Attend Career Day at local schools
Find opportunities to get involved with Faith Community
Find opportunities to get involved with West Valley College
City Clerk [Ann Sullivan]
From: Dave Anderson
Sent: Tuesday, February 03, 2009 12:22 PM
To: Chuck Page; Howard Miller; Jill Hunter; Kathleen King; Susie Nagpal
Cc: City Clerk [Ann Sullivan]; Debbie Bretschneider
Subject: Retreat Notes CUP Discussion
Attachments: 1 -30 -09 Retreat Notes about CUP 1.doc
Dear Council members;
At the conclusion of the retreat, the Mayor asked that the notes from the CUP discussion be distributed so that
they you could refer to them as a part of the agenda item on Wednesday evening. I am attaching those notes for
your review.
I am also sending them to the City Clerk and deputy for distribution at the meeting, and to make them a part of the
record.
Regards,
Dave Anderson
2/18/2009
Page 1 of 1
Public Input
Issues related to CUPs
Cost of CUPs
Discussion:
King:
Hunter:
Nagpal:
Hunter:
Livingstone:
Hunter:
King:
Miller:
City of Saratoga
Council Retreat
January 30, 2009
Item #3 Conditional Use Permit (CUP) Review
Several representatives from the Chamber of Commerce spoke about providing
an exception to enable the Chamber to be located with a frontage along Big
Basin Way.
Approval Time Uncertainty of Approval
What would be the effects on personal service use on Big Basin
with a change to the CUP process?
Are Tattoo Parlors considered "personal service
What are the commercial vacancy rates?
Does the current CUP process discourage applicants?
The costs of building restaurants could discourage their inception.
Uses currently requiring a CUP include ice cream shop and wine
tasting. The CUP process pertains to:
Allowing permitted uses; and
Providing for a review by the Planning Commission for
uses that require a Conditional Use Permit
Restaurants do well we need more mix of uses
Is there reduction in building permit activity? Will there be less
revenue coming in?
Food uses do better in bad times. More choices attract more
people.
We have to send a message that Saratoga welcomes business.
We could change the list of permitted uses
We could change the review process to make it easier,
cheaper quicker
King:
Perhaps we could change the food related (restaurants markets)
CUP to an over the counter permit:
What would that satisfy residents?
Would this support franchises?
Desire not to increase the number of nail salons
Nagpal: There is a need to structure the CUP process to obtain a greater
mix of uses.
King: Chain stores could be done right with Design Review.
Hunter: Restaurants are hurting. We need a market in the Village. She
would support:
Elimination of CUP fees
Over the counter review with adequate knowledge of
Saratoga values
If we lessen the CUP related fees, we need to know what kind of
permitted uses we want.
Nagpal: Is there a consensus on administrative review of CUPs?
Page: He favors:
Relaxing CUP process for restaurants (restaurants
contribute to downtown vitality)
Supporting the Chamber location in the Village it acts
as a visitors' center
From his perspective, a market in the Village isn't viable too
expensive to operate a market (it's a business with only 1°/0 profit
margin). It's the kind of business that would ask for subsidies to
come into the village area.
Page: Suggests having staff bring a list of possible permitted uses to the
Council (work with the chamber to develop the list). Create a task
force to create a new CUP review process.
Direction:
Make CUPs less expensive
Increase the certainty for CUP applications
Reduce the time involved in CUP review
Discuss additional specifics at the City Council meeting on February 4,
2009
SARATOGA CITY COUNCIL
RETREAT
MEETING DATE: January 30, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Christopher Riordan, AICP DIRECTOR: John F. Livingstone, AICP
SUBJECT: Review of the Mixed Use District Requirements
RECOMMENDED ACTION:
Review report and direct staff accordingly.
REPORT SUMMARY:
At the Joint City Council/Planning Commission meeting on January 12, 2009, the topics of
allowing the residential component of mixed -use projects to be "owner occupied allowing
residential and offices to be permitted uses in the CH -2 zoning district, as well as the existence of
non conforming owner occupied units in the CH -2 zoning district were discussed. An outcome
of the discussion between the City Council and Planning Commission was general support for
Municipal Code modifications to eliminate the requirement restricting the residential component
of mixed -use projects to rentals.
DISCUSSION:
Background
The Housing Element of the General Plan was updated in 2002. For the Housing Element to be
certified by the State of California, the City of Saratoga had to demonstrate how the City's share
of the Bay Area regional housing needs were met. To do this the City approved two new
policies. The first policy eased restrictions on secondary dwelling units and added incentives for
homeowners to construct them and the second policy created additional housing opportunities
through mixed -use development standards.
In 2004 the City of Saratoga's Zoning Ordinance was updated to enact the Housing Element
policies. This update included the adoption of Article 15 -58 (Mixed -Use Development
Standards). A copy of this article is included as Attachment #1. This new ordinance provided
for additional housing opportunities specified in the Housing Element and acted to preserve the
future commercial development in the City by not allowing dwelling units to exceed more than
fifty percent of the total building area of a mixed -use project.
Additional requirements included in the Mixed -Use Development Standards are 1) the residential
portion of a mixed -use project is limited to rental units prohibiting owner occupied units such as
condominiums for sale to individual owners and 2) the floor area of each individual unit is
limited to no greater than 1,250 square feet.
Page 1 of 4
Increased flexibility
Real estate professionals and developers often state the following issues to staff which act to
discourage the construction of mixed -use projects in the City:
1. By prohibiting owner occupied units it makes it difficult for developers to obtain loans to
finance the construction of mixed -use projects.
2. The mixed -use development standards limit the height of mixed -use projects to twenty -six
feet. This maximum height limits the mixed -use project to one level of retail /office with one
level of residential units above.
3. The residential portion of mixed -use projects is limited to fifty percent of the total floor area
of all buildings on a site. Increasing the allowed percentage of the residential portion of
mixed -use projects would provide increased flexibility for developers.
Discussion topics of possible changes to the Mixed -Use Development Standards
Based on comments from the January 12, 2009 Joint City Council and Planning Commission
meeting, the following changes could be made to the mixed -use development standards to
encourage the development of mixed -use projects in the City.
Increase the allowable residential portion of mixed -use projects beyond the existing fifty
percent.
Increase the allowable height of a mixed use structure beyond the existing 26 feet maximum.
Eliminate the requirement that the residential portion of a mixed -use project be limited to
rental units.
The future classification on existing non conforming owner occupied units in the CH -2 zone
district.
FISCAL IMPACTS:
None.
FOLLOW UP ACTION:
As directed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted.
ATTACHMENTS:
1. Mixed Use Development Standards
Page 2 of 4
Article 15 -58 MIXED -USE DEVELOPMENT STANDARDS
1.5- 58.010 Purposes of.Articl.e.
15- 58.020 Development standards.
Attachment #1
15- 58.010 Purposes of Article.
The purpose of the mixed -use development standards is the implementation of Program 1.1 of
the Housing Element of the General Plan. The goal is to implement this Housing Program in a
consistent manner throughout the various commercial and office zoned districts of the City. It is
further the goal of these standards to protect existing and future commercial development. (Ord.
230 2 (part), 2004)
15- 58.020 Development standards.
(a) The maximum density is twenty dwellings per net acre.
(b) The dwelling unit(s) shall be located either on the second floor or at the rear of the parcel.
(c) The dwelling unit(s) shall not comprise more than fifty percent of the total floor area of all
buildings on the site. The maximum floor area allowed may be increased by ten percent for
projects providing below market rate rental housing.
(d) Parking for both the non residential and the dwelling unit(s) shall be as specified in the
Zoning Ordinance, provided that the Planning Commission may consider shared parking in some
cases.
(e) Perimeter fencing shall be required to the maximum height allowed in the Zoning Ordinance.
(f) Each dwelling shall have private, usable outdoor space, i.e., decks, balconies, yards or patios.
(g) The maximum height of a mixed -use structure shall be twenty -six feet. Structures that are
solely non residential on a site that has mixed -use, the maximum height is as it is stated in the
underlying zoning.
(h) The design of mixed -use projects will be required to conform to the policies and techniques
of the Residential Design Handbook and any other design standards in place for the area of
application.
(i) Overall site coverage may be increased up to ten percent for projects containing deed
restricted below market rate housing units.
(j) Mixed -use projects shall have sound walls and landscape screening in order to protect the
privacy and quality of life of abutting single family residential lands uses.
(k) The residential component of a mixed -use project shall be rental. The individual dwelling
units shall range in size from eight hundred fifty square feet for one bedroom units to one
thousand two hundred fifty square feet for three bedroom units Sequent mixed -use development.
(1) Projects with multiple stories shall be reviewed to ensure that design features such as setbacks
and window placement provide adequate privacy protection.
(m) Non residential structures or parcels created or developed as part of a previous mixed -use
development or multi family development may not be redeveloped as a mixed -use development
at a greater density or intensity of use.
(n) Smaller mixed -use projects (twenty or fewer dwelling units) must pay an in lieu fee for park
construction.
Page 3 of 4
(o) In larger mixed -use projects (more than twenty dwelling units) either the developer must pay
an in lieu fee for park construction or construct common, useable open space on site at the
discretion of the Planning Commission based on the vicinity of existing public parks. (Ord. 230
2 (part), 2004)
Page 4 of 4
RECOMMENDED ACTION:
Direct Staff Accordingly.
SARATOGA CITY COUNCIL
RETREAT
MEETING DATE: January 30, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP
SUBJECT: Review the requirements for Conditional Use Permits (CUP)
REPORT SUMMARY:
Review the current Conditional Use Permit requirements.
DISSCUSSION:
Background:
Each zoning district has permitted uses and conditional uses. The permitted uses are allowed
uses that require no discretionary review. The Conditional Uses are also allowed, but only with
Planning Commission approval. Because of their unusual characteristics, conditional uses
require special consideration so that they may be located properly with respect to the objectives
of the Zoning Ordinance and with respect to their effects on surrounding properties. In order to
achieve these purposes, the Planning Commission is empowered to grant and to deny
applications for use permits and to impose reasonable conditions upon the granting of use
permits, subject to review by the City Council.
The entire zoning ordinance was updated in 1986. This included Article 15 -55 for Conditional
Use Permits. In 2006 minor changes were made to the Conditional Use section that included
changing the appeal time from 10 to 15 days and permit expiration time from 24 to 36 months to
be consistent with the rest of the code. Other than minor updates this section has not been
comprehensively looked at in over 20 years. The only other related change was to section 15-
19.050 C -H districts that made personal service businesses at the street level with primary access
from Big Basin Way a Conditional Use.
Due to the change in the economy and the availability of vacant spaces throughout the City it is a
good time to take a comprehensive look at what the Council would like to see in the future and
how the Conditional Use Permit tool can be used to accomplish that goal.
Types of permitted and conditional uses:
The following general regulations shall apply to all commercial districts in the City:
(a) Permitted uses. The following permitted uses shall be allowed in any commercial district,
Page 1 of 4
unless a use involves the operation of a business providing direct customer service (including,
but not limited to, conducting a delivery service) on -site between the hours of 1:00 A.M. and
6:00 A.M., in which event such use may be allowed upon the granting of a use permit pursuant to
Article 15 -55 of this Chapter:
(1) Retail establishments, except restaurants, markets, delicatessens, and any establishment
engaged in the sale of alcoholic beverages.
(2) Home occupations, conducted in accordance with the regulations prescribed in Article 15 -40
of this Chapter.
(3) Parking lots which comply with the standards for off street parking facilities as set forth in
Section 15- 35.020 of this Chapter.
(4) Accessory structures and uses located on the same site as a permitted use.
(b) Conditional uses. The following conditional uses may be allowed in any commercial district,
upon the granting of a use permit pursuant to Article 15 -55 of this Chapter:
(1) Restaurants.
(2) Markets and delicatessens.
(3) Any establishment engaged in the sale of alcoholic beverages.
(4) Hotels and motels.
(5) Bed and breakfast establishments.
(6) Institutional facilities.
(7) Community facilities.
(8) Game arcades.
(9) Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos
Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all
operations except the sale of gasoline and oil shall be conducted within an enclosed structure.
(10) Animal establishments, as defined in Section 7- 20.010(c) of this Code. All animal
establishments shall be subject to the regulations and license provisions set forth in Section 7-
20.210 of this Code.
(11) Public buildings and grounds.
(12) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks, transmission lines and cable television facilities.
(13) Accessory structures and uses located on the same site as a conditional use.
(14) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications.
Findings:
A use permit is not a matter of right, and the Planning Commission may deny a use permit or
impose conditions upon the granting thereof if it finds that the proposed conditional use will
adversely affect existing or anticipated uses in the immediate neighborhood, or will adversely
affect surrounding properties or the occupants thereof.
The Planning Commission may grant a use permit as applied for or in modified form if, on the
basis of the application and the evidence submitted, the Commission makes all of the following
findings:
(a) That the proposed location of the conditional use is in accord with the objectives of the
Zoning Ordinance and the purposes of the district in which the site is located.
(b) That the proposed location of the conditional use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity.
Page 2 of 4
Type
CUP in the Village
Other Areas
2008 CUP Total
Accessory
1
1
Generator
1
3
3
Day Care
2
2
Height Limit
4
4
Church
1
1
1
Restaurant
1
1
2
Sleep Center
1
1
Total
1
13
14
Type
CUP In the Village
Other Areas
2007 CUP Total
Generator
2
2
Antenna/Cell Tower
1
4
5
Accessory
1
1
Restaurant
2
2
Total
1
9
10
(c) That the proposed conditional use will comply with each of the applicable provisions of this
Chapter.
Number of Conditional Use Permits processed:
2007
2
Costs associated with a Conditional Use Permit:
A Conditional Use Permit requires a flat fee of $4,400 and a document storage fee of $300 for a
total fee of $4,700. Conditional Use permits for a restaurant typically take approximately three
months from the date the application is submitted to the Community Development Department to
Planning Commission approval.
Economic Discussion:
In the City's top 10 sales tax contributors there are two restaurants that generate 7.1% of the total
sales tax for the City. Of the top 25 sales tax contributors there are nine restaurants contributing
17.71% of the City's sales tax.
The current cost of a Conditional Use permit may be deterring new businesses from applying for
permits to fill vacant spaces, and looking to other areas or cities that do not require a use permit.
FISCAL IMPACTS:
A revision to the ordinance could be included in the advance planning work program. A budget
amendment would be required to waive or reduce fees for Conditional Use Permits to
supplement the Community Development Department budget. The Community Development
Department is a self funded department. Waiving fees may also cause an increase in use permit
applications over the average 12 per year.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
Page 3 of 4
ALTERNATIVE ACTIONS:
The Council could recommend waiving fees for Conditional Use Permits.
The Council could recommend the relaxation of the CUP requirement for restaurants or other
specific uses. This could also be limited to specific zoning districts such as the Village.
Other cities such as the City of Campbell have used this technique successfully to encourage new
business in their downtown. Possible negative impacts to allowing all restaurants to be a
permitted use would be the inability to control unwanted restaurant uses and parking impacts.
FOLLOW UP ACTION:
As directed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted.
ATTACHMENTS:
None
Page 4 of 4
1 cr
MEETING DATE:
DEPARTMENT:
PREPARED BY:
SUBJECT: Community Sustainability
OVERVIEW:
BACKGROUND:
What is Sustainability?
SARATOGA CITY COUNCIL
January 30, 2009
City Manager's Office
Barbara Powell
Assistant City Manager
2 "A better view of sustainable community
www. sustainablemeasures. com/ Sustainability /ABetterView.html, 2008.
1
AGENDA ITEM:
CITY MANAGER: Dave Anderson
D ERECTOR:
The City of Saratoga has undertaken a number of actions related to creating a more sustainable
community. This report includes:
1. A discussion of how sustainability is defined;
2. A review of measures already taken by the City of Saratoga to promote community
sustainability;
3. Some additional measures that could be taken to further long -term community
sustainability; and
4. Examples of sustainability measures underway in other local jurisdictions.
One way to define sustainability is related to the quality of life in a community whether
the economic, social and environmental systems that make up the community are providing a
healthy, productive, meaningful life for all community residents, present and future t
"Sustainability requires managing all households individual, community, national and global
in ways that ensure that our economy and society can continue to exist without destroying the
natural environment on which we all depend.
1 "An introduction to sustainability", www.sustainablemeasures .com/Sustainability /index.html,
2008.
What has Saratoga done to promote sustainability?
Economy:
Village improvements (streetscape, lighting, traffic calming)
Gateway project
Chamber support
Proposed Conditional Use Permit fee waiver
Society:
Affordable housing (Housing Element)
Community Development Block Grants (plus Council's Community Grant Program)
SASCC support
Recreation classes, sports fields, parks, trails, open space, community based theater
Artsopolis community calendar
Sheriff's Office involvement in schools (Code Red, Code Blue, Bicycle Safety)
Highway 9 Safety Improvements
CERT training
Historic property designations
City Commissions and Committees /Civic engagement
Environment:
City's "Greening" efforts (see Attachment "A
Chapters Sections of Municipal Code Related to Sustainability (see Attachment
"B Note: A report to the City Council concerning compiling/referencing these
chapters sections in a new section of the Municipal Code is forthcoming.)
Heritage Orchard Preservation
What additional measures could Saratoga undertake to promote sustainability?
General:
Create a Sustainability "Vision"
Develop Sustainability indicators and track progress
Economy:
Infrastructure /economic stimulus improvements (see Attachment "C)
Residential solar financing via City loans paid through property assessments
Grant funded projects (dependent upon state federal funding)
Additional fee waivers
Others?
Society:
Increase Council's Community Grant Program
Others?
2
Environment:
Water conservation measures (e.g. waterless urinals in City parks, upgrading old
fashioned irrigation controllers to weather station variety, and converting some turf
areas to mulch or gold fines, as we have done at El Quito Park could save over
12,000 gallons of water /year)
"Green" Infrastructure improvements (see Attachment "C" highlighted in yellow)
Purchase of additional hybrid vehicles
Environmentally friendly purchasing policy
Increased green building requirements for residential and commercial construction
Ban/fees on non biodegradable /compostable /recyclable materials (e.g. polystyrene,
other plastics)
Others?
What are other local jurisdictions doing to promote sustainability?
Attachment "D" illustrates sustainability efforts currently underway in neighboring jurisdictions.
ATTACHMENTS:
Attachment "A" City's Greening Efforts
Attachment "B" Chapters /Sections of Municipal Code
Attachment "C" Proposed Economic Stimulus Projects
Attachment "D" Other Jurisdictions' Sustainability Efforts
3
Attachment "A"
Greening the City of Saratoga
Current Environmentally friendly Projects/Programs
WASTE Nh4NAGEMENT
Funding a Household Hazardous Waste Collection Program
Entered into a new Waste Management Franchise Agreement; achieved over 60% waste
diversion rate for Saratoga
Construction Demolition Debris Recycling Program in place
Paperless City Council agenda packets
2. PEST M4NAGEMENT
Integrated Pest Management Program, providing for reduction or elimination of
chemicals to the maximum extent practicable
3. ENERGY EFFICIENCY
Working with PG &E, the City retrofitted exit lights, and replaced lighting ballasts and
light bulbs with more energy 'efficient models
Converted all traffic lights to LED
Evaluating the feasibility of converting tree lights in the Village to LED
Off Fridays conserve energy, reduce water use and reduce vehicle -miles traveled by City
employees
4. VEHICLES
Regularly replacing older City vehicles with new models to bring the City's fleet up to
date with better fuel economy (City fleet currently includes Natural Gas fueled and two
hybrid vehicles)
5. PLANNING BUILDING
Residential Design Handbook includes policies and techniques to "integrate structures
with the environment" and to "design for energy efficiency"
City Ordinance only allows one wood burning fireplace
Numerous conditions for projects concerning pest reduction and drought tolerant plants,
plus numerous storm water related requirements
Lowest priced permits for solar panels in Santa Clara County
Currently distributing Green Building checklists at planning/building counters
Building requirement for storm water to be maintained on site to maximum extent
feasible
Support for impervious paving systems
6. PUBLIC INFORILL4TION
"Go Green in Saratoga" pages on the City's website
Staff education using reusable materials (ceramic mugs instead of paper cups), turning
off lights, avoiding unnecessary printing and travel)
7. LANDSCAPING
50 trees were planted in fiscal year 2007 -08
Parks Division converting some turf areas to mulch or gold fines, such as at El
Quito Park
Started installing weather- station irrigation controllers on City medians, parks and
property (expected to result in a 30% savings in water use)
Planted drought resistant plants on City's Allendale frontage
4
8. FACILITIES
Working with our paint vendors and contractors to use paints with low Volatile Organic
Compounds (VOCs)
Looking into installing a Photovoltaic system on a City building roof within the near
future
Using more recycled content and environmentally friendly chemicals and paper products
City -wide
In process of installing two high efficiency tankless water heaters at the Senior Center
In process of replacing controls on City facility toilets with improved automatic control
flush valves (reduces water use)
Replaced copiers including "most environmentally friendly" criteria
9. GREENHOUSE GAS EMISSIONS INVENTORY
Working with Joint Venture Silicon Valley and ICLEI to prepare a baseline Greenhouse
Gas Emissions Inventory for City operations.
5
Attachment "B"
Chapters and Sections of the City of Saratoga Municipal Code that Relate to Sustainability
2 -45.95 Recycled Paper
Mandates the establishment of procedures for purchasing recycled paper and paper products, giving
preference to recycled materials when all other factors are equal.
4- 65.090 Recyclers: Quarterly Reports
Requires quarterly reports on meeting waste reduction goals.
6- 15.070 Discharge of pollutants into storm drains and watercourses.
Establishes a misdemeanor for depositing pollutants into natural waterways and storm drains.
9 -70 Transportation Demand Management
Promotes the implementation of programs to reduce traffic congestion and improve air quality in the
City.
14- 25.065 Subdivisions: Design Requirements: Creek protection easement
To protect creeks, creek banks, and associated wildlife habitats, prohibits building within a specified
area around a protected creek.
15 -16 P -C: Planned Community District
Allows for the creation of Planned Community Districts, which include smaller, less expensive
housing, in addition to dedicating space for parks and recreation uses.
15- 20.050(j) R -OS: Residential Open Space District, Development Criteria: Landscaping
In R -OS areas, gives preference to natural, indigenous, and drought- resistant plants.
15- 45.055 Residential Design Handbook.
Requires that all single family structures be built in accordance with the guidelines in the Residential
Design Handbook, which includes information on energy efficiency and promotes native vegetation
and minimizing the amount of paved surfaces.
15 -47 Water Efficient Landscapes
To promote water conservation, encourages water- efficient landscaping including programming
watering devices to account for weather patterns, using recycled water for landscape irrigation, and
grouping plants for efficient watering. Also requires that the City inform new home owners about
water efficient landscapes.
15 -48 Limitations on Wood burning Fireplaces
To improve air quality, limits installation of fireplaces in new construction, and outlaws burning
garbage, plastics, rubber, paint, and anything that might emit noxious or toxic fumes.
15 -50 Tree Regulations
Provides for the preservation of trees, which offer both scenic and climatic benefits to the City.
Requires approval for the removal of protected trees (15- 50.050), and gives the City the power to
require the planting of new trees as a condition for approving the removal of a tree (15- 50.080).
15 -52 Small Wind Energy Systems
Enables construction of small wind energy conversions systems for home, farm, and small
commercial use.
6
15 -56 Second Dwelling Units
Section 15- 56.030(d) allows additional site coverage and allowable floor area in a second dwelling
unit, if that unit is deed restricted to only be rented to below market rate households.
15- 80.030(f) Miscellaneous Regulations and Exceptions: Solar panels
Full text of 15- 80.030(f): Subject to approval by the Community Development Director, solar panels
not exceeding six feet in height may be located within any portion of a rear setback area.
15 -81 Housing Density Bonus
Provides for incentives for high- density housing that includes housing specifically set aside for
senior citizens and low income persons.
16 -72 Construction and Demolition Debris
Requires a recycling plan for construction and demolition debris for projects with more than 2,500
square feet of floor space. Plans should maximize waste diverted from landfills, and are documented,
approved, and overseen by City staff.
16- 75.030 Water Conservation Devices
Requires that all newly constructed buildings incorporate water conservation devices into plumbing
and irrigation systems.
7
Sobey Road Culvert Repair: Rehabilitation
150,000
Village Sidewalk Repairs (Sidewalk/C &G): Rehabilitation
626,000
Saratoga Sunnyvale Road ADA Curb Ramps Enhancement
57,309
Saratoga Avenue Sidewalk Project: Capacity Expansion
250,000
Quito Road Sidewalk Improvements: Capacity Expansion
250,000
Comer Drive Retaining Wall Repair: Rehabilitation
200,000
Historic Park Landscaping Improvements: Rehabilitation
37,200
Ravenswood Park Playground Upgrade Project: Rehabilitation
55,000
Wildwood Park Pedestrian Bridge Rehabilitation: Rehabilitation
125,000
Hakone Gardens Upper Moon House Foundation Repair:
Rehabilitation
125,000
Bus Stop Shelter Concrete Pads Wooden Shelters:
Enhancement
40,000
City Hall Emergency Generator Project:
Enhancement
50,000
City Compost Bins:
Green Technology
10,000
City Hall Solar Project:
Green Technology
$1,500,000
Cool Roofs:
Green Technology
164,000
High Efficiency HVAC Systems:
Green Technology
690,000
Double Pane Windows:
Green Technology
157,000
Energy Star Compliant Appliances:
Green Technology
20,000
Ceiling Insulation:
Green Technology
160,000
Motion Control Lighting:
Green Technology
8,000
Highway 9 Pedestrian Safety Improvements
Capacity Expansion
$3,700,000
PG &E De Anza Trail (Reach 3)
Capacity Expansion
700,000
Citywide Signal Upgrade Project Phase (2) (3)
Intelligent Transportation System
$1,250,000
Saratoga Ave Rehabilitation and Overlay
Rehabilitation
$1,000,000
Saratoga Accessible Pedestrian Signals
Intelligent Transportation System
300,000
Bike Pedestrian Rail Crossing between Fredericksburg
Dr Guave
Capacity Expansion
325,000
City Wide Pavement Management
Rehabilitation
4,000,000
Big Basin Way Turnaround
Enhancement
350,000
City Wide Bicycle Loops
Enhancement
175,000
Attachment "C"
Project Description
Herriman Avenue Crosswalk Improvements:
Enhancement
Type of Project Project(s) Cost
25,000
Enhancement
$2,544,630
Attachment "D"
Local Governments' Sustainability Efforts
The following programs, policies, and ordinances are currently in place or in the process of being implemented at the specified cities.
1
Campbell
Cupertino
Los
Altos
Los Gatos
Menlo
Park
Morgan
Hill
Palo
Alto
San
Carlos
Santa
Clara
Sunnyvale
Saratoga
Climate inventory
carbon footprint
Y
V
1
1,
Y
1.
y
y
y
In
process
Climate action plan
Y
Y
Y
Y
Y
1'
Y
Signed U.S. Mayors
Climate Protection
Agreement
Y
Y
1'
Y
Y
Y
1'
Y
y
Y
Climate change
and /or sustainability
task force
Y
Y
Y
Y
Y
Y
Green building policy
Y
Y
Y
Y
Y
Y
Y
Y
Y
Require GreenPoint
rating for residential
buildings
checklist
checklist
50
points
checklist
checklist
70
po
checklist
Up to 70
points
checklist
Require LEED Silver
for municipal
buildings >5,000 sq ft.
Y
Y
Y
Y
Y
Y
Y
y
Y
Green fleet policy
Y
Y
y
Y
y
Y
1'
Y
Environmental
purchasing policy
Y
1'
Water /energy
conservation
programs
Y
Y
Y
Y
Y
Y
Tree protection
Y
Y
Y
Y
Y
1'
Y
Y
Y
Y
V
Construction and
demolition ordinance
1
1,
Y
Y
Y
y
Waste diversion rate
(2006)
51%
60%
55%
65%
55%
62%
62%
47%
52%
63%
60%
Attachment "D"
Local Governments' Sustainability Efforts
The following programs, policies, and ordinances are currently in place or in the process of being implemented at the specified cities.
1
SARATOGA CITY COUNCIL
RETREAT
MEETING DATE: January 30, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP
SUBJECT: Community Development Department Advance Planning Work Program for
FY 09/10
RECOMMENDED ACTION:
Direct Staff Accordingly on the next Ordinance and/or General Plan Element to be updated.
REPORT SUMMARY:
At the request of a City Council the following report outlines the current and proposed work
program.
COMPLETED ORDINANCES:
Newsrack Ordinance
Residential Property Maintenance, (Blight Ordinance)
Various Building Code Ordinance Sections in Article 16
Party hosting Ordinance
Appeal Procedures Ordinance
CURRENT WORK PROGRAM THROUGH JUNE 2009:
Fence Ordinance
Housing Element update
Parking Ordinance to extend relaxed parking in the Village
RECENTLY DISCUSSED ORDIANCES:
On January 12, the City Council reviewed the CH -2 zoning District and as a result has
recommended to staff to bring the Mixed Use Ordinance forward to discuss at the January 30,
2009 retreat.
On January 21, 2009 the City Council providing direction to staff on updating the Heritage
Resource Inventory within the next year.
The City Council will discuss the review of the Conditional Use Permits Ordinance, and the
Review of the Mixed Use Ordinance at the retreat on January 30, 2009.
Page 1 of 3
LIST OF ORDINANCES NEEDING UPDATES:
Update of the Sign Ordinance
Review how height is defined
Noise Ordinance (It should be updated at the same time as the General Plan Noise Element)
Create a new Story Pole Ordinance
Increase Neighborhood Noticing to 500 feet on Administrative Design Review projects
Create a new requirement to place large signs on properties with pending projects
Restrict paint reflectivity in the Hillsides
Expedited Planning Process
SCVWD Stream Guidelines
Administrative ordinances: The administrative ordinances are considered to be more of an
administrative update and less time consuming or controversial than some of the other
ordinances that need to be updated.
Update of the Heritage Resource list
Update of the Nonconforming Use Section
Adopt a Toxic Gas Ordinance from the County of Santa Clara Environmental Health Department
Update Massage Ordinance to meet new State requirements
Update the Wireless Ordinance (administrative update only)
Update of miscellaneous items noted by staff and the City Attorney
GENERAL PLAN ELEMENTS:
Mandatory Elements
Housing Element currently being updated
Land Use Element Last updated 2007
Conservation Element Last updated 2007
Open Space Element Last updated 2007
Circulation Element Last updated 1999
Noise Element Last updated 1988 (Should be updated at the same time as the code section)
Safety Element Last updated 1987
Optional Elements
Seismic Safety Element Last updated 1987
Parks and Trails Master Plan Last updated 1991
Scenic Highways Element Last updated 1999
FISCAL IMPACTS:
The Village relaxed parking ordinance and associated environmental document is currently being
updated by staff. This can be accommodated under the current advance planning budget along
with the completion of the Housing Element. Both projects should be completed by late June.
Staff estimates that there will be no carry over of advance planning funds from FY 08/09 to FY
09/10. Due to the economic slow down staff is estimating approximately $140,000 in funds will
be generated for advance planning for FY 09/10. Staff estimates that updating any one general
Page 2 of 3
plan element will cost $70K to $100K. The remainder of the estimated funding for FY 09/10
would be used for the ordinance update.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTIONS:
Direct the Planning Commission to provide the City Council with a recommended list of
ordinances to be updated.
FOLLOW UP ACTION:
As directed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted.
ATTACHMENTS:
None
Page 3 of 3
ARATOGA CITY COUNCIL
MEETING DATE: January 30, 2009 AGENDA ITEM:
DEPARTMENT: City Manager CITY MANAGER: Dave Anderson
PREPARED BY: Richard Taylor, City Attorney DIRECTOR: Dave Anderson
SUBJECT: Rules of Parliamentary Procedure for City Council and Commission
Meetings
RECOMMENDED ACTION: Discuss changing the rules of parliamentary procedure for
City Council and Commission meetings from Roberts Rules of Order to a simplified
structure based on the California League of Cities' "Rosenberg's Rules of Order."
REPORT SUMMARY:
The City Code currently provides that the City follows Robert's Rules of Order in matters of
parliamentary procedure. Robert's Rules was first published in 1876 by General Henry Martyn
Robert. It has been revised and updated and, since expiration of the copyright, republished in a
number of different editions. At just over 700 pages, Robert's Rules seeks to address a wide
range of potential parliamentary circumstances. The vast majority of the rules and procedures
are geared towards legislative bodies and committees considerably larger than the City Council
and City commissions. In staff's experience the complexity of Roberts Rules can at times
frustrate, rather than facilitate, local government deliberations.
In response to concerns regarding the suitability of Robert's Rules the California League of
Cities has published greatly simplified rules of procedure developed by the State court judge
and Yolo County elected official, Dave Rosenberg. In 8 pages (attached) the pamphlet presents
a workable set of rules and procedures tailored to local government in California. If the City
Council is interested in an alternative to Robert's Rules it could consider use of Rosenberg's
Rules of Order. Alternatively it could adopt rules based on Rosenberg's Rules of Order but
tailored to Saratoga.
Changing the City's rules of procedure would require a minor amendment to the Saratoga Code
and the City Council Norms of Operation and Procedure in addition to drafting any
modifications to Rosenberg's Rules that the Council feels are appropriate for Saratoga. This is
not expected to lead to significant costs.
ATTACHMENTS:
1
Rosenberg's Rules of Order
2
Rosenberg's Rules of Order:
Simple Parliamentary
Procedures for the 21st Century
o L F EAGUE
CITIES
MISSION:
To restore and protect local control for cities through education and advocacy to enhance
the quality of life for all Californians.
VISION:
To be recognized and respected as the leading advocate for the common interests of
California cities.
About the League of California Cities
Established in 1898, the League of California Cities is a mem-
ber organization that represents California's incorporated cities.
The League strives to protect the local authority and autonomy
of city government and help California's cities effectively serve
their residents. In addition to advocating on cities' behalf at the
state capitol, the League provides its members with professional
development programs and information resources, conducts
educational conferences and research, and publishes Western
City magazine.
About Western City Magazine
Western City is the League of California Cities' monthly maga-
zine. Western City provides lively, interdisciplinary analyses of
issues affecting local governance. Its goal is to offer immediately
practical ideas, information and bigger- picture policy issues and
trends. For more information, visit www.westerncity.com.
"Rosenberg's Rules of Order" first appeared in Western City
magazine in August and September 2003.
To order additional copies of this publication, call (916) 658 -8257 or visit www.cacities.org/store.
2003 League of California Cities. All rights reserved.
About the Author
Dave Rosenberg is an elected county supervisor representing
the 4th District in Yolo County. He also serves as director of
community and intergovernmental relations, director of opera-
tions, and senior advisor to the governor of California. He has
served as a member and chair of numerous state and local
boards, both appointed and elected, and also served on the
Davis City Council for 12 years, including two terms as mayor.
He has taught classes on parliamentary procedure and has
served as parliamentarian for large and small governing bodies.
In the fall of 2003, Gov. Davis appointed Rosenberg as a judge
of the Yolo County Superior Court.
1400 K Street, Sacramento, CA 95814
(916) 658-8200
Fax (916) 658 -8240
www.cacities.org
Rosenberg's Rules of Order:
Simple Parliamentary
Procedures for the 21st Century
he rules of procedure at meetings
should be simple enough for most
people to understand. Unfortunately,
that hasn't always been the case. Virtu-
ally all clubs, associations, boards, coun-
cils and bodies follow a set of rules,
Robert's Rules of Order, which are em-
bodied in a small but complex book.
Virtually no one I know has actually
read this book cover to cover.
Worse yet, the book was written for
another time and purpose. If you are
running the British Parliament, Robert's
Rules of Order is a dandy and quite use-
ful handbook. On the other hand, if
you're running a meeting of a five
member body with a few members of
the public in attendance, a simplified
version of the rules of parliamentary
procedure is in order. Hence, the birth
of "Rosenberg's Rules of Order."
This publication covers the rules of
parliamentary procedure based on my
20 years of experience chairing meetings
in state and local government. These
rules have been simplified and slimmed
down for 21st century meetings, yet
they retain the basic tenets of order to
which we are accustomed.
"Rosenberg's Rules of Order" are sup-
ported by the following four principles:
1. Rules should establish order. The
first purpose of the rules of parlia-
mentary procedure is to establish a
framework for the orderly conduct
of meetings.
2. Rules should be clear. Simple rules
lead to wider understanding and
participation. Complex rules create
two classes: those who understand
and participate and those who do
not fully understand and do not
fully participate.
3. Rules should be user friendly. That
is, the rules must be simple enough
that citizens feel they have been able
to participate in the process.
4. Rules should enforce the will of
the majority while protecting the
rights of the minority. The ultimate
purpose of the rules of procedure is
to encourage discussion and to facili-
tate decision making by the body. In
a democracy, the majority rules. The
rules must enable the majority to
express itself and fashion a result,
while permitting the minority to also
express itself (but not dominate) and
fully participate in the process.
The Chairperson Should Take a
Back Seat During Discussions
While all members of the governing
body should know and understand the
rules of parliamentary procedure, it is
the chairperson (chair) who is charged
with applying the rules of conduct.
The chair should be well versed in those
There are exceptions to the general rule of free
and open debate on motions. The exceptions all
apply when there is a desire to move on.
by Dave Rosenberg
rules, because the chair, for all intents
and purposes, makes the final ruling on
the rules. In fact, all decisions by the
chair are final unless overruled by the
governing body itself.
Because the chair conducts the meeting,
it is common courtesy for the chair to
take a less active role than other mem-
bers of the body in debates and discus-
sions. This does not mean that the chair
should not participate in the debate or
discussion. On the contrary, as a mem-
ber of the body, the chair has full rights
to participate in debates, discussions
and decision making. The chair should,
however, strive to be the last to speak at
the discussion and debate stage, and
should not make or second a motion
unless he or she is convinced that no
other member of the body will do so.
The Basic Format for an
Agenda Item Discussion
Formal meetings normally have a written,
published agenda; informal meetings
may have only an oral or understood
agenda. In either case, the meeting is
governed by the agenda and the agenda
constitutes the body's agreed -upon road
map for the meeting. And each agenda
item can be handled by the chair in the
following basic format.
First, the chair should clearly announce
the agenda item number and should
clearly state what the subject is. The
chair should then announce the format
that will be followed.
Second, following that agenda format,
the chair should invite the appropriate
people to report on the item, including
any recommendation they might have.
The appropriate person may be the
chair, a member of the governing body,
www.cacities.org
1
2
Rosenberg's Rules of Order: Simple Parliamentary Procedure for the 21st Century
a staff person, or a committee chair
charged with providing information
about the agenda item.
Third, the chair should ask members
of the body if they have any technical
questions for clarification. At this point,
members of the governing body may ask
clarifying questions to the people who
reported on the item, and they should
be given time to respond.
Fourth, the chair should invite public
comments or, if appropriate at a formal
meeting, open the meeting to public
input. If numerous members of the pub-
lic indicate a desire to speak to the sub-
ject, the chair may limit the time of each
public speaker. At the conclusion of the
public comments, the chair should ann-
ounce that public input has concluded
(or that the public hearing, as the case
may be, is closed).
Fifth, the chair should invite a motion
from the governing body members. The
chair should announce the name of the
member who makes the motion.
Sixth, the chair should determine if any
member of the body wishes to second
the motion. The chair should announce
the name of the member who seconds
the motion. It is normally good practice
for a motion to require a second before
proceeding with it, to ensure that it is
not just one member of the body who
is interested in a particular approach.
However, a second is not an absolute
requirement, and the chair can proceed
with consideration and a vote on the
motion even when there is no second.
This is a matter left to the discretion
of the chair.
Seventh, if the motion is made and sec-
onded, the chair should make sure every-
one understands the motion. This is
done in one of three ways:
1. The chair can ask the maker of the
motion to repeat it;
2. The chair can repeat the motion; or
3. The chair can ask the secretary
or the clerk of the body to repeat
the motion.
League of California Cities
Eighth, the chair should now invite dis-
cussion of the motion by the members
of the governing body. If there is no
desired discussion or the discussion has
ended, the chair should announce that
the body will vote on the motion. If
there has been no discussion or a very
brief discussion, the vote should proceed
immediately, and there is no need to re-
peat the motion. If there has been sub-
stantial discussion, it is normally best to
make sure everyone understands the
motion by repeating it.
Debate on policy is healthy; debate on personalities
is not. The chair has the right to cut off discussion
that is too personal, too loud or too crude.
Ninth, the chair takes a vote. Simply
asking for the "ayes" and then the "nays"
is normally sufficient. If members of the
body do not vote, then they "abstain."
Unless the rules of the body provide
otherwise or unless a super- majority is
required (as delineated later in these
rules), a simple majority determines
whether the motion passes or is defeated.
Tenth, the chair should announce the
result of the vote and should announce
what action (if any) the body has taken.
In announcing the result, the chair
should indicate the names of the mem-
bers, if any, who voted in the minority
on the motion. This announcement
might take the following form: "The
motion passes by a vote of 3 -2, with
Smith and Jones dissenting. We have
passed the motion requiring 10 days'
notice for all future meetings of this
governing body."
Motions in General
Motions are the vehicles for decision
making. It is usually best to have a mot-
ion before the governing body prior to
discussing an agenda item, to help every-
one focus on the motion before them.
Motions are made in a simple two -step
process. First, the chair recognizes the
member. Second, the member makes a
motion by preceding the member's
desired approach with the words: "I
move A typical motion might be:
"I move that we give 10 days' notice in
the future for all our meetings."
The chair usually initiates the motion by:
1. Inviting the members to make a
motion: "A motion at this time
would be in order."
2. Suggesting a motion to the members:
"A motion would be in order that we
give 10 -days' notice in the future for
all our meetings."
3. Making the motion.
As noted, the chair has every right as a
member of the body to make a motion,
but normally should do so only if he or
she wishes a motion to be made but no
other member seems willing to do so.
The Three Basic Motions
Three motions are the most common:
1. The basic motion. The basic motion
is the one that puts forward a deci-
sion for consideration. A basic mot-
ion might be: "I move that we create
a five member committee to plan
and put on our annual fundraiser."
2. The motion to amend. If a member
wants to change a basic motion that
is under discussion, he or she would
move to amend it. A motion to
amend might be: "I move that we
amend the motion to have a 10-
member committee." A motion to
amend takes the basic motion that is
before the body and seeks to change
it in some way.
3. The substitute motion. If a member
wants to completely do away with
the basic motion under discussion
and put a new motion before the
governing body, he or she would
move a substitute motion." A substi-
tute motion might be: "I move a sub-
stitute motion that we cancel the
annual fundraiser this year."
Motions to amend and substitute mo-
tions are often confused. But they are
quite different, and so is their effect,
if passed.
A motion to amend seeks to retain the
basic motion on the floor, but to modify
it in some way.
A substitute motion seeks to throw out
the basic motion on the floor and substi-
tute a new and different motion for it.
The decision as to whether a motion is
really a motion to amend or a substitute
motion is left to the chair. So that if a
member makes what that member calls a
motion to amend, but the chair deter-
mines it is really a substitute motion, the
chair's designation governs.
When Multiple Motions Are Before
The Governing Body
Up to three motions may be on the floor
simultaneously. The chair may reject a
fourth motion until the three that are on
the floor have been resolved.
When two or three motions are on the
floor (after motions and seconds) at
the same time, the first vote should be
on the last motion made. So, for exam-
ple, assume the first motion is a basic
"motion to have a five member commit-
tee to plan and put on our annual fund-
raiser." During the discussion of this
motion, a member might make a second
motion to "amend the main motion to
have a 10- member committee, not a
five member committee, to plan and
put on our annual fundraiser." And per-
haps, during that discussion, a member
makes yet a third motion as a "substitute
motion that we not have an annual
fundraiser this year." The proper proce-
dure would be as follows.
Rosenberg's Rules of Order: Simple Parliamentary Procedure for the 21st Century
First, the chair would deal with the
third (the last) motion on the floor, the
substitute motion. After discussion and
debate, a vote would be taken first on
the third motion. If the substitute
motion passes, it would be a substitute
for the basic motion and would elimi-
nate it. The first motion would be moot,
as would the second motion (which
sought to amend the first motion), and
the action on the agenda item would be
complete. No vote would be taken on
the first or second motions. On the
other hand, if the substitute motion (the
third motion) failed, the chair would
proceed to consideration of the second
(now the last) motion on the floor, the
motion to amend.
If the substitute motion failed, the
chair would then deal with the second
(now the last) motion on the floor,
the motion to amend. The discussion
and debate would focus strictly on the
amendment (should the committee be
five or 10 members). If the motion to
amend passed, the chair would now
move to consider the main motion (the
first motion) as amended. If the motion
to amend failed, the chair would now
move to consider the main motion
(the first motion) in its original format,
not amended.
The challenge for anyone chairing a public meet-
ing is to accommodate public input in a timely
and time sensitive way, while maintaining steady
progress through the agenda items.
Third, the chair would now deal with
the first motion that was placed on the
floor. The original motion would either
be in its original format (five- member
committee) or, if amended, would be in
its amended format (10- member com-
mittee). And the question on the floor
for discussion and decision would be
whether a committee should plan and
put on the annual fundraiser.
To Debate or Not to Debate
The basic rule of motions is that they
are subject to discussion and debate.
Accordingly, basic motions, motions to
amend, and substitute motions are all
eligible, each in their turn, for full dis-
cussion before and by the body. The
debate can continue as long as members
of the body wish to discuss an item, sub-
ject to the decision of the chair that it is
time to move on and take action.
There are exceptions to the general rule
of free and open debate on motions. The
exceptions all apply when there is a
desire of the body to move on. The fol-
lowing motions are not debatable (that
is, when the following motions are made
and seconded, the chair must immedi-
ately call for a vote of the body without
debate on the motion):
A motion to adjourn. This motion, if
passed, requires the body to immediately
adjourn to its next regularly scheduled
meeting. This motion requires a simple
majority vote.
A motion to recess. This motion, if
passed, requires the body to immediately
take a recess. Normally, the chair deter-
mines the length of the recess, which
may range from a few minutes to an
hour. It requires a simple majority vote.
A motion to fix the time to adjourn.
This motion, if passed, requires the body
to adjourn the meeting at the specific
time set in the motion. For example, the
motion might be: "I move we adjourn
this meeting at midnight." It requires a
simple majority vote.
A motion to table. This motion, if
passed, requires discussion of the agenda
item to be halted and the agenda item to
www.cacities.org
3
4
Rosenberg's Rules of Order: Simple Parliamentary Procedure for the 21st Century
be placed on "hold." The motion may
contain a specific time in which the
item can come back to the body: "I
move we table this item until our regu-
lar meeting in October." Or the motion
may contain no specific time for the
return of the item, in which case a
motion to take the item off the table
and bring it back to the body will have
to be taken at a future meeting. A
motion to table an item (or to bring it
back to the body) requires a simple
majority vote.
A motion to limit debate. The most
common form of this motion is to say:
"I move the previous question" or "I
move the question" or "I call for the
question." When a member of the body
makes such a motion, the member is
really saying: "I've had enough debate.
Let's get on with the vote." When such
a motion is made, the chair should ask
for a second to the motion, stop debate,
and vote on the motion to limit debate.
The motion to limit debate requires a
two- thirds vote of the body. Note that a
motion to limit debate could include a
time limit. For example: "I move we
limit debate on this agenda item to
15 minutes." Even in this format, the
motion to limit debate requires a two
thirds vote of the body. A similar mot-
ion is a motion to object to consideration
of an item. This motion is not debatable,
and if passed, precludes the body from
even considering an item on the agenda.
It also requires a two- thirds vote.
Majority and Super- Majority Votes
In a democracy, decisions are made with
a simple majority vote. A tie vote means
the motion fails. So in a seven member
body, a vote of 4 -3 passes the motion. A
vote of 3 -3 with one abstention means
League of California Cities
the motion fails. If one member is ab-
sent and the vote is 3 -3, the motion
still fails.
All motions require a simple majority,
but there are a few exceptions. The
exceptions occur when the body is
taking an action that effectively cuts
off the ability of a minority of the body
to take an action or discuss an item.
These extraordinary motions require a
two- thirds majority (a super majority)
to pass:
Motion to limit debate. Whether a
member says, "I move the previous
question," "I move the question," "I
call for the question" or "I move to limit
debate," it all amounts to an attempt to
cut off the ability of the minority to dis-
cuss an item, and it requires a two- thirds
vote to pass.
Motion to close nominations. When
choosing officers of the body, such as the
chair, nominations are in order either
from a nominating committee or from
the floor of the body. A motion to close
nominations effectively cuts off the right
of the minority to nominate officers,
and it requires a two- thirds vote
to pass.
If you are running the British Parliament,
Robert's Rules of Order is a dandy and quite
useful handbook.
Motion to object to the consideration
of a question. Normally, such a motion
is unnecessary, because the objectionable
item can be tabled or defeated straight
up. However, when members of a body
do not even want an item on the agenda
to be considered, then such a motion
is in order. It is not debatable, and it
requires a two- thirds vote to pass.
Motion to suspend the rules. This
motion is debatable, but requires a two
thirds vote to pass. If the body has its
own rules of order, conduct or proce-
dure, this motion allows the body to sus-
pend the rules for a particular purpose.
For example, the body (a private club)
might have a rule prohibiting the atten-
dance at meetings by non -club mem-
bers. A motion to suspend the rules
would be in order to allow a non -club
member to attend a meeting of the club
on a particular date or on a particular
agenda item.
The Motion to Reconsider
There is a special and unique motion
that requires a bit of explanation all by
itself: the motion to reconsider. A tenet
of parliamentary procedure is finality.
After vigorous discussion, debate and
a vote, there must be some closure to
the issue. And so, after a vote is taken,
the matter is deemed closed, subject
only to reopening if a proper motion
to reconsider is made.
A motion to reconsider requires a
majority vote to pass, but there are
two special rules that apply only to
the motion to reconsider.
First is the matter of timing. A motion
to reconsider must be made at the meet-
ing where the item was first voted upon
or at the very next meeting of the body.
A motion to reconsider made at a later
time is untimely. (The body, however,
can always vote to suspend the rules
and, by a two- thirds majority, allow a
motion to reconsider to be made at
another time.)
Second, a motion to reconsider may be
made only by certain members of the
body. Accordingly, a motion to recon-
sider may be made only by a member
who voted in the majority on the origi-
nal motion. If such a member has a
change of heart, he or she may make the
motion to reconsider (any other mem-
ber of the body may second the motion).
If a member who voted in the minority
seeks to make the motion to reconsider,
it must be ruled out of order. The pur-
pose of this rule is finality. If a member
of the minority could make a motion to
reconsider, then the item could be
brought back to the body again and
again, which would defeat the purpose
of finality.
If the motion to reconsider passes, then
the original matter is back before the
body, and a new original motion is in
order. The matter may be discussed and
debated as if it were on the floor for the
first time.
Courtesy and Decorum
The rules of order are meant to create
an atmosphere where the members of
the body and the members of the public
can attend to business efficiently, fairly
and with full participation. And at the
same time, it is up to the chair and the
members of the body to maintain com-
mon courtesy and decorum. Unless the
setting is very informal, it is always best
for only one person at a time to have
the floor, and it is always best for every
Motions to amend and substitute motions are
often confused. But they are quite different, and
so is their effect, if passed.
speaker to be first recognized by the
chair before proceeding to speak.
The chair should always ensure that
debate and discussion of an agenda item
focus on the item and the policy in ques-
tion, not on the personalities of the
members of the body. Debate on policy
is healthy; debate on personalities is not.
The chair has the right to cut off discus-
sion that is too personal, too loud or
too crude.
Debate and discussion should be fo-
cused, but free and open. In the interest
of time, the chair may, however, limit
the time allotted to speakers, including
members of the body. Can a member of
the body interrupt the speaker? The
general rule is no. There are, however,
exceptions. A speaker may be interrupt-
ed for the following reasons:
Privilege. The proper interruption
would be: "Point of privilege." The chair
would then ask the interrupter to "state
your point." Appropriate points of privi-
Rosenberg's Rules of Order: Simple Parliamentary Procedure for the 21st Century
It is usually best to have a motion before the gov-
erning body prior to discussing an agenda item,
to help everyone focus.
lege relate to anything that would inter-
fere with the normal comfort of the
meeting. For example, the room may
be too hot or too cold, or a blowing
fan might interfere with a person's
ability to hear.
Order. The proper interruption would
be: "Point of order." Again, the chair
would ask the interrupter to "state your
point." Appropriate points of order
relate to anything that would not be
considered appropriate conduct of the
meeting; for example, if the chair moved
on to a vote on a motion that permits
debate without allowing that discussion
or debate.
Appeal. If the chair makes a ruling that
a member of the body disagrees with,
that member may appeal the ruling of
the chair. If the motion is seconded and
after debate, if it passes by a simple
majority vote, then the ruling of the
chair is deemed reversed.
Call for orders of the day. This is sim-
ply another way of saying, "Let's return
to the agenda." If a member believes that
the body has drifted from the agreed
upon agenda, such a call may be made.
It does not require a vote, and when the
chair discovers that the agenda has not
been followed, the chair simply reminds
the body to return to the agenda item
properly before them. If the chair fails
to do so, the chair's determination may
be appealed.
Withdraw a motion. During debate
and discussion of a motion, the maker
of the motion on the floor, at any time,
may interrupt a speaker to withdraw
his or her motion from the floor. The
motion is immediately deemed with-
drawn, although the chair may ask the
person who seconded the motion if
he or she wishes to make the motion,
and any other member may make the
motion if properly recognized.
Special Notes About Public Input
The rules outlined here help make meet-
ings very public friendly. But in addi-
tion, and particularly for the chair, it is
wise to remember three special rules that
apply to each agenda item:
Rule One: Tell the public what the body
will be doing.
Rule Two: Keep the public informed
while the body is doing it.
Rule Three: When the body has acted,
tell the public what the body did.
Public input is essential to a healthy
democracy, and community participa-
tion in public meetings is an important
element of that input. The challenge for
anyone chairing a public meeting is to
accommodate public input in a timely
and time sensitive way, while maintain-
ing steady progress through the agenda
items. The rules presented here for con-
ducting a meeting are offered as tools for
effective leadership and as a means of
developing sound public policy.
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