TO:Andrew P. Powers, City Manager
FROM:Tracy M. Noonan, City Attorney
Laura B. Maguire, City Clerk
DATE:March 14, 2023
SUBJECT: City Council, Boards, Committees, and Commissions Meeting Procedures Revisions
RECOMMENDATION:
1. Adopt resolution revising Standards of Operation governing conduct of City Council and City Standing Boards, Committees, and Commissions, and rescinding Resolution Nos. 2001-129 and 2011-066.
2. Adopt resolution revising Guidelines for Public Input at City Council meetings and rescinding Resolution No. 2011-067.
3. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance amending various sections of Title 1 Chapter 8 of the Thousand Oaks Municipal Code regarding City Council Meeting Procedures.
4. Find that this is not a project under the California Environmental Quality Act.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time required to prepare the report is included in the Adopted FY 2022-23 General Fund Budget.
BACKGROUND:
Standards of Operation provide guidance to the City Council, Board, Committee, and Commission (BCC) members, and staff in managing meetings, including procedural matters, meeting management protocol, press relations, committee assignments, relationships, quorums, and confidential information. City Council Standards of Operation were initially adopted in August 1989 and were revised in April 1991, January 1996, September 2004, and October 2011.
Guidelines for Public Input at City Council meetings provide standards for receiving input from the public during City Council meetings. The guidelines were initially adopted in April 1995 and were revised in June 1996, February 1997, March 2003,
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4 and October 2011.
Municipal Code Chapter 8 of Title 1 outlines City Council Meetings and Procedures. The procedures were initially adopted on September 18, 1984, and were revised on October 2, 1984, February 10, 1987, April 21, 1987, June 23, 1992, April 25, 1995, December 17, 2003, and July 10, 2020.
DISCUSSION/ANALYSIS:
The Standards of Operation and Guidelines for Public Input Resolutions, and City Council Meeting Procedures Ordinance (Attachment Nos. 1-3) should be periodically reviewed and updated to reflect current practices and procedures, and to align with legislative changes. Staff recommends changes and/or clarifications to both of the resolutions and the ordinance. These revisions reflect either changes in law or memorialization of City Council practice.
The following is a summary of the more substantive changes to the resolutions and ordinance:
Standards of Operation Resolution
1. Provides for the Mayor’s discretion to continue public comment period until later in the meeting, based on the overall number of speakers remaining at 6:45 p.m., without the concurrence of City Council. This update provides consistency between the Standards of Operation Resolution and Sections 2 and 8 of the Public Input Resolution.
2. Removes specific reference to “technological” posted meetings and simply refers to meetings posted per the Brown Act, thus if changes are made to the Brown Act, the resolution will still be in compliance.
3. Updates guidance on submittal of speaker and written statement cards to include remote participation, clarifies that a person’s identifier may be used instead of name, and clarifies supplemental packets are posted electronically on the website as required by new State law.
4. Establishes a revised policy to provide for a two-step process for City Councilmembers to request that an item be considered at a future meeting under the City Council Issues/Recommendations section of the agenda.
5. Removes reference to and rescinds Resolution No. 2001-129 which discusses availability of contracts for review. This is obsolete as contracts are now regularly included in the posted agenda packet pursuant to the requirements of the Brown Act.
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4 A survey of cities regarding the manner in which City Councilmembers place items on the agenda was recently conducted via the City Clerk Listserv. Ninety-nine percent of respondents reported using a two-step process: 1) Councilmembers submit their initial request in writing pursuant to the agenda scheduling calendar as an agenda item. The question of whether to agendize the matter and direct staff to prepare a report will then be voted by City Council. And, 2) If a majority of City Council supports the request, City Manager will determine when to place the item on a future agenda based on the time necessary to complete the research, staff workload considerations, and the effect on City Council established priorities.
Public Input Resolution
Provides for the Mayor to use discretion based on overall number of public comment speakers remaining at 6:45 p.m. to continue comment period until later in the meeting, deleting the phrase “with concurrence of City Council.” This update provides consistency between Sections 2 and 8 of the resolution and the Standards of Operation Resolution.
City Council Meeting Procedures Ordinance
Section 1-8.106 – Removes posting requirements to be more fluid to allow for changes in the Brown Act.
Section 1-8.110 – Amends Code to reflect current practice and to include language stating that altering or defacing approved minutes is prohibited as set forth in the Government Code and punishable by imprisonment and/or fine.
Section 1-8.113 – Amends Code to encourage full participation of all City Councilmembers during questions and debate of a subject, including limiting the number of questions at a time by individual Councilmembers.
Section 1-8.114 – Amends Code to reflect current practice for addressing the City Council.
Section 1-8.115 – Amends Code to include decorum guidelines for City Council meetings and reflect correct terminology. Revisions also comply with recently adopted State legislation.
Section 1-8.124 – Amends Code to further clarify the effective date of an ordinance.
Section 1-8.125 – Amends Code to reflect correct terminology regarding the method in which a City Councilmember views a missed portion of a meeting.
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4 Section 1-8.126 – Amends Code to reflect current practice for Consent Calendar items.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
A. Create a more equitable, accessible, safe, welcoming, and inclusive government and community regardless of race, color, ethnicity, religion, sex, physical or mental ability, sexual orientation, gender identity and expression, age, language, education, and/or socio-economic status.
B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.
Attachments:
Attachment #1 – Standards of Operation Resolution
Attachment #2 – Guidelines for Public Input Resolution
Attachment #3 – City Council Meeting Procedures Ordinance CCD:610-10\cr\H:\COMMON\Council\StdsofOp\2023\031423 Mtg procedures Staff Report.docx