City of Camarillo
AGENDA REPORT
Date: February 13, 2008
To: Honorable Mayor and City Councilmembers
From: Jerry Bankston, City Manage
Submitted by: Gail Doi, Deputy City Manager
Subject: Amendment to Policy 1.05, City Council Meetings
SUMMARY
The Policy Committee reviewed Policy 1.05, related to the conduct of Council meetings, and recommended an amendment to City Council.
DISCUSSION
Policy 1.05, City Council Meetings, provides a guide for Council meeting proceedings.
During its review, the 2007 Policy Committee determined that most of Policy 1.05 continues to be applicable and consistent with current practice. There are, however, certain substantive provisions that the Policy Committee recommended for revision. In addition, the Committee recommended removal of language that is either redundant or incorporated by reference.
Throughout the review process, the Policy Committee consulted with the City Attorney's office for guidance in the development of the proposed amendment. The recommended substantive revisions to Policy 1.05 are as follows:
1. Section C. Presiding Officer: Add Vice Mayor as the presiding officer in the Mayor's absence. (To provide for designation of the Mayor's alternate.)
2. Section E.3.a. Public Participation: Remove request for public speaker's statement of address. (To provide for privacy of personal information.)
3. Section E.4. Public Participation: Add City Clerk reading of non-verbal speaker cards into the record. (To provide an efficient method of informing Councilmembers and audience.)
4. Section F.1. Public Hearings: Add 7:30 p.m. session as time set for public hearings. (To provide for scheduling consistent with current practice.) IVA
Policy 1.05
February 13, 2008
5. Section F.2.b. Public Hearings: Add Councilmember disclosure of personal meetings or contacts outside the public hearing with the applicant, its representatives, or other organized groups, on the public hearing matter. (To promote transparency in the open meetings and decision-making process.)
6. Section F.2.c. Public Hearings: Add Councilmember disclosure of significant relevant information received outside of the public hearing, on the public hearing matter. (To promote transparency in the open meetings and decision-making process.)
Section G.3.a. Voting: Add Councilmember statement of reason for legal conflict of interest abstention; add exit from dais/room; specify that abstention will be recorded as an absence; and specify that abstention will be treated as a non- vote. (To clarify conflict of interest abstention proceedings and recordation of voting, consistent with current practice.)
8. Section G.3.b. Voting: Change all other abstentions to treatment as an "Aye" vote. (To discourage non-conflict of interest abstentions and to provide for a resolution of tie votes.)
The Policy Committee is recommending the amendment to Policy 1.05, City Council Meetings, as presented in the attachments. Because of the significant restructuring of the policy, a shaded version of the existing policy has been provided in lieu a redlined version.
BUDGET IMPACT
None.
RECOMMENDATION
A MOTION to adopt the amendment to Policy 1.05, City Council Meetings.
ATTACHMENTS
Policy 1.05: Proposed; Existing
Finance Review: KN
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PROPOSED AMENDMENT
TO CITY COUNCIL 2-13-08
City of Camarillo
CITY COUNCIL POLICY
Section: City Council
Subject: City Council Meetings
Number: 1.05
Date Adopted: December 1988
Last Amended: January 22, 2003
PURPOSE
To establish guidelines for conducting City Council meetings.
POLICY
A. Meeting Times
1 The Council meets on the second and fourth Wednesday of each month unless the public is otherwise noticed.
The Council meeting begins at 5:00 p.m. in the Council Chambers. A recess is taken at 6:00 p.m., at which time a Council study session or other activity may be convened. The Council meeting reconvenes in the Council Chambers at 7:30 p.m.
Rules of Order
Council meetings are conducted in manner generally consistent with Roberts Rules of Order and comply with state law.
C. Presiding Officer
The Mayor is the presiding officer at Council meetings. In the Mayor's absence, the Vice Mayor is the presiding officer.
D. Quorum
Three members of the Council constitute a quorum. On most matters, a majority of the quorum is sufficient for the Council to take action. However, on some matters, as provided by applicable law, a vote of the majority of the total membership or greater is required for the Council to take action.
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Public Participation
1. Members of the public may address the City Council on regular agenda items, on items set for public hearing, and on non-agenda matters (public comments).
Speaker cards for both verbal and non-verbal communication are available in the Council Chambers. Cards should be filled out and given to the City Clerk prior to start of the meeting.
3. Members of the public will be called to speak in the order in which their cards were submitted and under the appropriate item on the agenda. a. Each speaker should be asked, but is not required, to give his or her name for the record.
b. Speakers are limited to three minutes each. At the Mayor's discretion, a speaker's time limit may be extended.
4. The City Clerk will read non-verbal comment cards into the record under the appropriate item on the agenda.
5. The Council will hear public comments on non-agenda items during the 7:30 p.m. session for a maximum of 20 minutes. If additional speakers wish to address the Council following the 20-minute time period, further comments will be taken following completion of action on all other agenda items.
Members of the public may also submit written communications at a Council meeting.
Public Hearings
1. Public hearings are scheduled during the 7:30 p.m. session, unless otherwise legally advertised.
2. Public hearings will be conducted as follows:
a. Staff will first present a staff report summarizing the matter, followed by Council questions.
b. Unless otherwise disclosed in the agenda materials or disclosed by the public during the public hearing, Councilmembers must disclose any personal meetings or contacts with the applicant, its representatives, or other organized groups regarding the subject matter of the hearing.
Adopted 1.5, December 1998
Amended June 23, 1999
Amended 1.05, January 22, 2003
IVoiAi.os 4
c. Unless otherwise included in the agenda materials or presented during the public hearing, Councilmembers should disclose any significant relevant information received from members of the public outside of the public hearing.
d. The public hearing will be opened by the Mayor.
e. An applicant who desires to speak is then permitted to make a presentation to Council.
f. Members of the public are permitted to speak next on the matter. g. The City Clerk will read non-verbal comment cards into the record.
h. Following public comments, the applicant is given an opportunity for closing comments.
The Mayor will close the public hearing.
Staff will respond to questions raised during the public hearing, as well as any additional Council questions.
k. Council deliberation will follow without further input from the applicant or the public, unless specifically requested by Council.
G. Voting
1. A vote may be by consensus, voice vote, or electronic voting machine. 2 Each Councilmember should vote on matters requiring a decision of the Council.
3. Abstentions:
a. Legal Conflict of Interest — the Councilmember must announce the reason for such conflict and leave the dais/room. Such abstention will be recorded as an absence and treated as a non-vote. b. All other abstentions will be treated as an "Aye" vote.
H. Decorum
1. While in session, Councilmembers must preserve order and proper decorum at all times.
2. Members of the public who disrupt or impede the orderly conduct of a Council meeting will be removed by the Sergeant-at-Arms.
Adopted 1.5, December 1998
Amended June 23, 1999
Amended 1.05, January 22, 2003
iviA.05 5
EXISTING WITH SHADED TEXT NOT
INCLUDED IN PROPOSED AMENDMENT
City of Camarillo
CITY COUNCIL POLICY
Section: City Council Date Adopted: December 1988
Last Amended: January 22, 2003
Subject: City Council Meetings
Number: 1.05 Page 1 of 6
PURPOSE
To establish rules of order and procedures for conducting City Council meetings.
POLICY
City Council meetings shall be conducted in a anner consistent h the rules of order and procedures set forth herein.
The Council shafl have the authority o waive provisions of the procedures established herein unless he procedure is required by law.
Failure of the Council to follow the procedures set
or otherwise affect any action of the Council.
fo herein shall no nval
D. This Policy is established pursuant to, and intended to comply with, the Ralph M.
Brown Act (Government Code §§ 54950-54962). The Brown Act shall supersede any conflicting provisions of this Policy 1.05.
RULES OF PROCEDURE
A. Meeting Times
Regular meetings of the City Council shall be on the second and fourth Wednesdays of the month at 5:00 p.m. in the City Hall Council Chambers, Camarillo, California. Whenever the date for holding a meeting falls on a holiday, the meeting shall be held on the next business day unless otherwise ordered by the Council. Normally, a recess is taken at 6:00 p.m., with the meeting reconvening at 7:30 p.m.
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B. Quorum
Three members of the Council shall constitute a quorum. On most matters, a majority of the quorum is sufficient for the Council to take action. However, on some matters as provided by applicable law, a vote greater than a majority of the quorum is required for the Council to take action.
Public Participation at Meetings
Members of the public may address the City Council at a regular or special Council meeting, in accordance with the following:
1. Public Hearings.
a. Staff shall present its report on the matter before the Council. b. The public hearing shall then be opened by the Mayor. c. If an applicant desires to speak, he/she shall then be permitted to make a presentation to the Council.
d. Members of the public shall then be permitted to speak on the matter. A speaker will submit to the City Clerk a Public Comment Card indicating the topic or the item and who will speak; however, failure to present a card shall not prevent a person from addressing the Council with the consent of the Council.
(1) Members of the public will each be limited to a maximum of three minutes speaking time.
(2) The Mayor, with the consent of the Council, may extend a speaker's time.
Each speaker shall be asked to give his or her name and address for the record.
A member of the public may submit a Non-Verbal Comment Card indicating his/her support or opposition to an item in lieu of speaking. Written comments may be submitted for the record, but will not be read aloud.
g. The applicant shall be given an opportunity for closing comments following public comment.
ft If there is a large number of, persons for or against the matter, the Mayor may request that a spokesperson be appointed.
Adopted 1.5, December 1998
Amended June 23, 1999 IVolA1.05
Amended 1.05, January 22, 2003 Page 2 of 6
hich is not on the agenda
once on that item during a given
e consent of e City Council, may
the same speaker.
Adopted 1.5, December 1998
Amended June 23, 1999
Amended 1.05, January 22, 2003
IV0A1.05 8
A speaker commentingo
shall only be permitted to be hear
meeting. The Mayor,
permit addi 0 onat corn
eht
i. The Mayor shall close the public hearing.
Staff shall respond to questions raised during the public hearing. k. There shall be no public input once the Council starts deliberation on the matter before them, unless the Council requests specific information from either staff or the public.
Non-Agenda Items - Public Comments.
a. Members of the public desiring to discuss an item not on the agenda shall submit to the City Clerk prior to the meeting, a card indicating the nature of the item and who will speak; however, failure to present a card shall not prevent a person from addressing the Council, with the consent of the Council.
b. embers
etermination of whetheran itei
be made alto
ess the
ction
Council only on items'
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c. Each speaker shall be asked to give his/her name and address for the record.
d. The Council will hear public comments regarding non-agenda items during the 7:30 p.m. session for a maximum 20-minutes. If additional speakers wish to address the Council on non-agenda items after expiration of the 20-minute time period, the Public Comment period will be continued until after the completion of action on all other agenda items.
e. Each speaker addressing the Council during the Public Comments portion of the meeting shall be limited to three (3) minutes, unless the time is extended by the Mayor with the consent of the Council.
Agenda Items - Public Comments Other Than Matters Set for Public Hearing.
a. Members of the public desiring to discuss an item on the agenda other than a matter set for a public hearing shall submit to the City Clerk a Public Comment Card indicating the topic or the item and who will speak; however, failure to present a card shall not prevent a person from addressing the Council with consent of the Council. b. The Council will hear public comments on any item on the agenda at the time the agenda item is reviewed by the City Council or during the public comment period.
c. Each speaker shall be asked to give his/her name and address for the record.
d. Speakers addressing the Council on agenda items shall be limited to three (3) minutes unless the time is extended by the Mayor with the consent of the Council. Speakers are limited to one comment period per topic at a given meeting.
e. A member of the public who is present but does not wish to address the Council may submit a Non-Verbal Comment Card indicating his/her support or opposition to an item.
D. Written Communications
Members of the public may submit written communications to the Council on any matter concerning the City's business.
The Council shall decide whether to refer the item to a co placed on a future agenda or receive and file it.
ittee have the tte
Rules of Procedure
1. Presiding Officer. As used in these rules, "Presiding Officer" shall mean the Mayor or such other Councilmember as may be presiding at the meeting.
Debate.
Presidiriq Officer. The Presiding Officer may debate from the chair after all other members have had the opportunity to speak, subject only to such limitations of debate as are imposed on all members by these rules. The Presiding Officer shall not move or second an Adopted 1.5, December 1998
Amended June 23, 1999
Amended 1.05, January 22, 2003
IVA .05
9 item unless no other member has or will move or second the item Except as provided otherwise in these rules, the Presiding Officer shall be entitled to vote from the chair and shall not be deprived of any of the rights and privileges of a Councilmember by reason of his/her acting as the Presiding Officer.
Councilmembers: Councilmembers desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine their remarks to the question under debate, avoiding personal references and indecorous language.
c. Interruptions: A Councilmember, once recognized, shall not be interrupted when speaking unless it is to call him/her to order. If a member, while speaking, is called to order, he/she shall cease speaking until the question of order is determined, and, if in order, he/she shall be permitted to proceed.
d. Closing Debate: Any Councilmember may move for the close of debate. The Presiding Officer shall immediately take a vote thereon without debate on the motion to close debate or further debate on the item under discussion.
Decorum.
a. By Councilmembers: While the Council is in session, the Councilmembers must preserve order and decorum, and a
Councilmember shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any other Councilmember while speaking or refuse to obey the orders of the Council or its Presiding Officer.
b. By the Public: Any member of the public who makes disruptive remarks, or who disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting shall be removed forthwith by the Sergeant-at-Arms at the direction of the Presiding Officer and barred from further audience before the Council at that meeting unless permission to continue is granted by a majority vote of the Council.
Enforcement: The Chief of Police, or such member or members of the Police Department as he/she may designate, shall be Sergeant- at-Arms of the Council meetings. He/she, or they, shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting.
Adopted 1.5, December 1998
Amended June 23, 1999
Amended 1.05, January 22, 2003
IVIA 1.05 10
4. Voting.
Each Councilmember shall vote on matters requiring a decision of the Council. The vote may be by consensus, voice vote, or electronic voting machine. Each Councilmember shall vote unless he/she has publicly stated a conflict of interest in which case the Councilmember shall abstain.
If a Member abstains because of a legal conflict of interest, he/she is not counted as part of the quorum and is not deemed to be voting.
If a Member abstains for reasons other than a legal conflict, then the abstention shall be treated in the following manner:
f there is a majority vote by the Councilmembers vvho did vote, then the abstention shall be counted with the majority.
If there is no majority vote by the Councilmembers who did vote, then the abstention shall not be counted as a vote.
5. Robert's Rules of Order. Procedural issues not addressed in this policy shall follow the guidelines of Robert's Rules of Order.
No Effect on Council Action. These procedural guidelines are meant to generally regulate the orderly progression of the City Couricil meetings.
Departing from these rules, or failing to follow them, will not affect any action taken by the City Council.
Adopted 1.5, December 1998
Amended June 23, 1999
Amended 1.05, January 22, 2003
IVIiA 1,05 11