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HomeMy WebLinkAbout101-Staff Report-Ord-Reso.pdf 1 SARATOGA CITY COUNCIL MEETING DATE: April 15, 2009 AGENDA ITEM: DEPARTMENT: City Manager CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor DIRECTOR: Dave Anderson ________________________________________________________________________ SUBJECT: Proposed ordinance amending the City Code to replace the requirement for use of Roberts Rules of Order with a requirement allowing the City Council to adopt rules of procedure by resolution and clarify procedures for addressing the City Council and proposed ordinance to adopt rules of procedure. RECOMMENDED ACTIONS: (1) Open the public hearing and consider all testimony received; (2) Introduce and waive the first reading of the attached ordinance; and (3) Direct staff to place the attached ordinance and resolution on the consent calendar for adoption at the May 6, 2009 City Council meeting. SUMMARY: At its retreat in February 2009 the City Council received information concerning simplified rules of procedure for City meetings distributed by the League of California Cities. The Council agreed to use the simplified materials on a trial basis and directed staff to bring the matter before the Council following the experimental period. The attached ordinance (Attachment A) would amend the City Code to allow the Council to adopt rules of parliamentary procedure and would clarify other code provisions concerning City Council procedures. The attached resolution (Attachment B) would take effect after the effective date of the ordinance and would adopt rules of parliamentary procedure (included as an attachment to the resolution) as authorized by the ordinance. DISCUSSION: In 2003 the League of California Cities published “Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century” (written by Dave Rosenberg) as an alternative to Roberts Rules of Order (published in 1876). The simplified procedures embody the core principles of Roberts Rules in a manner tailored to meetings of City Councils and similar legislative bodies. A copy of Rosenberg’s Rules of Order is included as Attachment C. 2 The Saratoga City Code specifies that the City shall use Roberts Rules of Order for matters of parliamentary procedure. The attached ordinance would amend the Code to allow the City Council to specify the rules of parliamentary procedure. It is accompanied by a resolution that would specify a modified version of Rosenberg’s Rules of Order for use in Saratoga. The procedures attached to the resolution are those set forth in Rosenberg’s with slight modifications to reflect custom, practice, and specific code requirements in Saratoga. Per Council direction at the retreat, the modified rules provide for discussion following the public comment period and before the Chair invites a motion. These rules would apply to the City Council and all City Commissions except the Planning Commission. The City Code specifies that the Planning Commission may adopt its own rules of procedure. Accordingly, the attached resolution simply recommends that the Planning Commission adopt these rules so that there can be consistency of procedures among City Commissions. The attached ordinance would also clean up provisions of the City Code regarding methods of addressing the City Council. The amendments consolidate provisions pertaining to written communications and specify procedures for transmitting those communications to the Council. The amendments also consolidate provisions concerning public testimony and delete provisions that are inconsistent with State laws regarding open meetings. ALTERNATIVES: Continue this item to another City Council meeting to allow staff to incorporate comments from this meeting and return with an amended ordinance and/or rules of procedure as necessary. FISCAL IMPACTS: No significant fiscal impacts. ADVERTISING, NOTICING AND PUBLIC CONTACT: This matter was noticed at the time the agenda was posted. ATTACHMENTS: Attachment A – Proposed Ordinance Attachment B – Proposed Resolution (including proposed Rules of Parliamentary Procedure) Attachment C – Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century” 1 ORDINANCE NO. __________ AN ORDINANCE AMENDING ARTICLE 2-10 OF THE SARATOGA CITY CODE CONCERNING CITY COUNCIL PROCEDURES THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings A. In order to promote public participation in City decision making, it is in the public interest to have clear and understandable rules of procedure for meetings of the City Council and City Commissions. B. The City Code currently requires use of Roberts Rules of Order for all matters of parliamentary law. While these rules can be very effective for governing large assemblies, they are not tailored to local government proceedings. C. In light of recent research on effective meeting procedures and public participation it is appropriate for the City Code to provide the City with flexibility to adopt rules of procedure suited to current circumstances. D. This ordinance would replace the requirement for use of Roberts Rules of Order with a requirement allowing the City Council to adopt rules of procedure by resolution and would make other amendments to the City Code to streamline and clarify procedures for addressing the City Council. E. On April 15, 2009, the City Council conducted a public hearing at which all interested persons had an opportunity to be heard to consider the amendments that follow. SECTION 2. Adoption. A. The Saratoga City Code is hereby amended by adding the text shown in bold italics (example) and deleting the text shown in strikeout (example) in the sections listed below: 2-10.120 Rules of debate. The following rules shall be observed in debate in the City Council: (a) Getting the floor. Every Council member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine all remarks to the question under debate. 2 (b) Interruptions. A Council member, once recognized, shall not be interrupted when speaking unless it be on a point of order or as otherwise provided in this Article. If a point of order is raised while a Council member is speaking, the Council member shall cease speaking until the question of order is determined and, if in order, the Council member shall be permitted to proceed. (c) Closing debate. Debate on any matter may be closed upon motion adopted by a majority of Council members present at the meeting. (d) Rules of order. Except as otherwise provided in this Article, proceedings of the City Council shall be governed under Robert's Rules of Order on all matters pertaining to parliamentary law procedures adopted by a resolution of the City Council and on file in the office of the City Clerk. No action of the City Council shall be invalidated nor the legality thereto affected by the failure or omission to observe or follow the rules of debate or Robert's Rules of Order other procedures as provided in this Section. 2-10.130 Communications to City Council. (a) Any person desiring to address the City Council at a City Council meeting shall first secure the permission of the presiding officer; provided, that under the following headings of business, unless the presiding officer rules otherwise, any qualified and interested person shall have the right to address the City Council upon obtaining recognition by the presiding officer: (1) Regular and adjourned regular meetings. a. Written communications. Members of the public may address the City Council by written communication. If copies of such communications are furnished to each Council member present, such written communications need not be read aloud at the meeting unless so ordered by a majority vote of the City Council. b. Oral communications. 1. Agendized items. Members of the public may address the City Council by oral communication subject to any time limits set pursuant to Section 2- 10.080(b)(3), on any item on the agenda, before or during consideration of that item. 2. (2) Nonagendized items. Members of the public may address the City Council by oral communication subject to any time limits set pursuant to Section 2- 10.080(b)(3), on any nonagendized matter within the 3 subject matter jurisdiction of the City Council, that is, over which the City Council has control; provided, that preference shall be given to those persons who may have notified the City Clerk in advance of their desire to speak. 3. (3) Public hearings. Members of the public may address the City Council, subject to any time limits set pursuant to Section 2-10.080(b)(3), relating to the matter which is the subject of the public hearing, provided that once the public hearing has closed, the public may no longer address the City Council on that matter unless the City Council reopens the public hearing. (2) Special meetings. Members of the public may address the City Council at a special meeting by oral communicatio n subject to any time limits set pursuant to Section 2-10.080(b)(3), only on items agendized for that meeting, unless otherwise permitted by a majority vote of the City Council. (b) Each person addressing the City Council shall stand and give his name and address in an audible tone of voice for the record, and shall speak into the microphone provided at all times that the electronic public address system is in operation. All remarks shall be addressed to the City Council as a body and not to any individual member thereof. No person, other than the City Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council without the permission of the presiding officer. (c) The following rules shall be applicable to written communications to the City Council: (1) Written communications to the City Council shall be distributed to the City Council at or prior to the next regular City Council meeting following receipt of the communication by the City Clerk except that written communications pertaining to a matter to be considered at a meeting other than a regular meeting shall be distributed to the City Council at or prior to that meeting. Written communications received by the City Clerk after 5:00 p.m. on the day of a City Council meeting are not required to be distributed at that meeting unless ten copies are delivered to the City Clerk at the meeting. Copies of written communications distributed to the Council shall be available for public review in the office of the City Clerk. particular matter for City Council discussion shall be read by the Council at the time of 4 such discussion rather than under the agenda item of “written communications.” (2) Written communications from the City staff shall not be read aloud unless requested by the writer or any a Council member. (3) Anonymous communications shall not be read. (4) The presiding officer shall not permit any communication, written or oral, to be made or read where it does not bear directly on an agenda item then under discussion. (5) After a motion is made by a Council member, no person shall address the Council without first securing the permission of the Council to do so. SECTION 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub- paragraph, sentence, clause and phrase are held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. SECTION 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. [Continued next page] 5 The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 15th day of April, 2009, and was adopted by the following vote following a second reading on the 6th day of May, 2009: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: __________________________________ CHUCK PAGE MAYOR OF THE CITY OF SARATOGA Saratoga, California ATTEST: __________________________________ ANN SULLIVAN CLERK OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY 1 RESOLUTION NO. 09- _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING RULES OF PROCEDURE FOR THE CITY COUNCIL AND ALL CITY COMMISSIONS EXCEPT THE PLANNING COMMISSION WHEREAS, the California League of Cities (“League”) has consistently worked to promote effective local government, efficient decision-making, and informed public participation. WHEREAS, as part of these efforts the League in 2003 published “Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century.” WHEREAS, these procedures are generally comparable to those currently in use by the City Council and City Commissions and are presented in a form that is easier to understand and apply than the formal rules currently in effect in the City. WHEREAS, on May 6, 2009 the City Council amended the City Code to authorize the City Council to adopt rules of procedure. WHEREAS, this resolution adopts Rosenberg’s Rules of Order with modification to reflect custom, practice, and specific code requirements in Saratoga as the rules of procedure for the City Council and all City Commissions except the Planning Commission and further recommends that the Planning Commission adopt comparable rules. THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY RESOLVES AS FOLLOWS: 1. As of June 8, 2009, the rules of procedure for the City Council and all City Commissions except the Planning Commission shall be as set forth in Attachment A to this resolution. These procedures shall be included as an attachment to the City Council Norms of Operation and Rules of Order and Procedure for the City Council as last amended by Resolution 08-069 on November 5, 2008. 2. Under the City Code the Planning Commission is authorized to establish its own rules of procedure. Accordingly, the City Council has not adopted rules applicable to the Planning Commission but recommends that the Commission adopt the foregoing rules of procedure in order that consistent procedures be used in all City proceedings. [Continued next page] 2 PASSED AND ADOPTED by the City Council of Saratoga, State of California, this 6th day of May 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Chuck Page, Mayor ATTEST: ___________________________________ Ann Sullivan City Clerk P:\SARATOGA\RESOLUTI\Council Procedures Staff Report CC 04-15-09.doc