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HomeMy WebLinkAboutItem 8.1 ResoCCMtgGovConductRules (2) e e CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 14, 1994 SUBJECT: Resolution Governing Rules of Conduct of Meetings A/A" of the Dublin city Council · .1\.. Report Prepared by Kay Keck, Ci ty Clerk " '....J:r" i ./ EXHIBITS ATTACHE~: ~ Resolution No. 145-86 ~ Draft Resolutin Amending Resolution No. 145-86 RECOMMENDATION 77. ..r/":1) (It'f 2) Discuss Provide direction to staff FINANCIAL STATEMENT: None DESCRIPTION: In December of 1986, the city council adopted a Resolution which established the rules for the conduct of meetings of the city Council. Included in these rules was the establishment of a starting time of 7:30 p.m., for all regular meetings which are held on the 2nd and 4th Mondays of each month. In December of 1993, Councilmember Houston requested that staff place this item on a future agenda in order to allow the Council to discuss the possibility of changing the starting time of regular city Council meetings to an earlier time. The Dublin Housing Authority, comprised of all members of the city Council plus 2 tenant commissioners, is scheduled to hold its regular meetings on the 4th Monday of each month, beginning at 6:30 p.m. Although DRA is scheduled to meet on a monthly basis, during calendar year 1993, only 5 regular meetings were held. In addition, one special meeting was held at Arroyo Vista. The regular meetings typically last from 15 to 25 minutes. Dublin Information, Inc. (the city's non-profit corporation), is comprised of all members of the City Council plus the City Manager and Assistant city Manager. The Bylaws for OIl call for regular meetings on the 4th Monday in October of each year to begin at 7:30 p.m. DII meetings typically are held just prior to the Council meeting and generally last just a few minutes. If the Council desires to change the time for regular Council meetings, Staff should be directed to prepare an amendment to the Bylaws for DII accordingly. This resolution would be presented to the OIl Board of Directors for adoption at their annual meeting in October. staff recommends that the city council discuss the starting time for regular meetings of the City council and if a change is desired, adopt the attached resolution. ---------------------------------------------------------------------- ITEM NO. -.S .1 COPIES TO: CITY CLERK FILE ~ - ". .. ........ RESOLUTION NO. l45 - 86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************** ESTABLISHING RULES FOR THE CONDUCT OF THE MEETINGS OF THE CITY COUNCIL OF THE CITY OF DUBLIN WHEREAS, on February 1, 1982, the City Council adopted Resolution No. 5-82 Establishing Rules for the Conduct of Meetings of the City Council of the City of Dublin; and WHEREAS, on March 15, 1982, the City Council adopted Resolution No. 15-82 amending Resolution No. 5-82; and WHEREAS, on January 1, 1987, Assembly Bill 2674 amending the Ralph M. Brown Act will become law. NOH, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby adopts the following rules: 1. REGULAR MEETINGS a. Time. Regular meetings of the City Council shall be held on the second and fourth Monday of each month at the hour of 7:30 p.m. Whenever the day fixed for any regular meeting of the Council falls upon a day designated as a holiday, such meeting will be held at the same hour on the next succeeding day not a holiday. c. Place. All regular meetings of the Council shall b~held in ~ the place designated by Ordinance No. 2-8~~~-$! ~ It~ ~ ;. -., Public. All meetings of the Council shall be open to the public; provided, however, the City Council may hold closed sessions as provided by the laws of the State of California. b. 2. SPECIAL MEETINGS A special meeting may be ordered at any time by the Mayor whenever in his/her opinion the public business may require it or upon the written request of any three members of the Council. Whenever a special meeting shall be called, written notice of such meeting shall be delivered personally or by mail by the City Clerk to each member of the Council and to each local newspaper of general circulation and radio station requesting notice in writing. Such notice must be delivered at least twenty-four (24) hours before the time of such meeting as specified in the notice. The order shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the Council. The written notice may be dispensed with as to any member of the Council who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice. The agenda for special meeting shall contain the information set forth in Section 3. a. - d. below. At least twenty-four (24) hours before Page 1 - ':.. each special meeting, the City Clerk shall post a copy of the agenda, including the call and notice of the special meeting at the same location identified in Section 3 below. 3 . AGENDA In order to facilitate the orderly conduct of the business of the Council, the City Clerk shall be notified no later than 11:00 a.m., of the Wednesday immediately preceding a regular Council meeting of all reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council at such meeting. Immediately thereafter, the City Clerk shall arrange an agenda of such matters according to the order of business and furnish each member of the Council, the City Manager, the City Attorney and City Department Heads with a copy of the agenda prior to the Council meeting and as far in advance of the meeting as time for preparation will permit. The agenda prepared by the City Clerk shall, at a minimum, include: the City Clerk Library Dublin a. The date of the meeting; b. The time of the meeting; c. The location of the meeting; d. A brief description of each item of business to be transacted or discussed at the meeting; e. A specified period of time for members of the public to address the Council on items of interest to the public that are within the jurisdiction of the Council, including a provision that no person may speak longer than five (5) minutes. At least seventy-two (72) hours before each regular meeting,) - shall post a copy of the agenda at the Alameda County l:liffJIl Branch, 7606 Amador Valley Boulevard, Dublin, California. 7~' {) 0 ~he City C~erk shall e~ecute a declaration of posting WhiChlA~~S' ln the Offlce of the Clty Clerk. j~oq The City Clerk shall mark with the word "Consent" or identify with an asterisk those items on the agenda regarding which it can reasonably be expected that there will be no discussion by members of the City Council, the City Staff or interested persons in the audience. The Council shall consider all of the items on the agenda marked "consent" at one time by vote after a motion has been duly made and seconded. If any member of the City Councilor City Staff or any interested person in the audience requests that a consent item be removed from the list of consent items, such item shall be taken up for consideration and disposition in the order in which it is listed on the agenda. shall be filed 4. THE PRESIDING OFFICER The Mayor shall preside at all its meetings and perform such other duties consistent with his/her office as may be imposed by the Council. The Mayor shall be entitled to vote, but shall possess no veto power. The Mayor shall be recognized as the official head of the City for , Page 2 . . all ceremonial purposes, by the courts for the purpose of serving civil process and by the Governor for military purposes. In the time of public danger or emergency, the Mayor, with the consent of the Council, cause order to be maintained and enforce laws. The Mayor shall preserve strict order and decorum at all regular and special meetings of the Council. The Mayor shall state every question coming before the Council, call for the vote, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. The Mayor shall sign all ordinances adopted by the Council during his/her presence. In the event of the absence of the Mayor, the Mayor Pro-Tempore shall sign ordinances as then adopted. 5. CALL TO ORDER The Mayor, or in his/her absence, the Mayor Pro Tempore, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor or Mayor Pro Tempore, the City Clerk shall call the Council to order whereupon a temporary chairman shall be elected by the members of the Council present. Upon the arrival of the Mayor or Mayor Pro Tempore, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. . 6. ATTENDANCE Before proceeding with the business of the Council, the City Clerk shall enter into the minutes the names of the members present or absent. No formal roll call need be taken. 7. QUORUM A majority of the members of the Council shall constitute a quorum for the transaction of business, but a lesser number than a quorum may adjourn from time to time. The Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. If all members are absent from any regular or adjourned regular meeting, the City Clerk may declare the meeting adjourned to a stated time and place. If he/she does, he/she shall cause written notice of the adjournment to be given in the same manner as provided for special meetings unless the notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be posted at the City Offices and other places designated by the Council within twenty-four (24) hours after the time of adjournment. Whenever a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjournment meeting shall be held, it shall be held at the hour specified for regular meetings. Page 3 e e ~. ORDER OF BUSINESS Promptly at the hour set on the day of each regular meeting, the members of the Council, City Clerk and City Manager shall take their regular stations in the Council Chambers and the business of the Council shall be taken up for consideration and disposition in the following order except that with the unanimous consent of the Council, matters may be taken up out of order: 1. Call to Order 2. Pledge of Allegiance to the Flag 3. Oral Communications 4. Consent Items 5. Written Communications 6. Public Hearing 7. Unfinished Business 8. New Business 9. Matters too Late for the Agenda 10. Closed Session 11. Adjournment 9. MATTERS TOO LATE FOR THE AGENDA a. No actions shall be taken on any item not appearlng on the agenda for a regular meeting as posted, unless (1) The City Council determines by majority vote that an emergency situation exists, as defined in Government Code Section 54956.y;.Z (2) The City Council determines by vote of four (4) out of five (5) members (or by a unanimous vote of the members of the Council if only 4 or only 3 members are present) that the need to take action arose after the agenda was posted; (3) The item was included in a posted agenda for a prior meeting held within five (5) calendar days of the meeting at which the item is acted upon. b. When an item not on an agenda is raised by a member of the public, the matter shall be deemed automatically referred to Staff unless the Council determines to take action under Section 9.a.(2) above. 10. READING OF MINUTES Unless the reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each member with a copy thereof. Page 4 ,e .:e "........ 11. RULES OF DEBATE a. Presiding Officer may debate. The Mayor or such other member of the Council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed upon all members. He/she shall not be deprived of any of the rights and privileges of a Councilmember by reason of his/her acting as the Presiding Officer. b. Getting the floor. Every member desiring to speak shall address the chair, and, upon recognition by the Presiding Officer, shall confine himself/herself to the question under debate. c. Interruptions. A member once recognized, shall not be interrupted when speaking unless it be to call him/her to order, or as herein otherwise provided. If a member, while speaking, be called to order, he/she shall cease speaking until the question of order be determined, and if in order, he/she shall be permitted to proceed. d. privilege of closing debate. The Councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. e. ~lotion to reconsider. A motion to reconsider any action taken by the council may be made at any time. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a member has the floori it shall be debatable. Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or other motion at a subsequent meeting of the Council. f. Remarks of Councilmember. A Councilmember may request through the presiding Officer, the privilege of having an abstract of his/her statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. g. Synopsis of Debate. The City Clerk may be directed by the presiding Officer with the consent of the Council, to enter in the minutes a synopsis of the discussion of any question coming regularly before the Council. h. Rules of Order. Except as otherwise provided in this resolution, the current edition of "Roberts Rules of Order" shall govern the conduct of the meeting of the City Council. page 5 ,e ,e 12. ADDRESSING THE COUNCIL Any person desiring to address the council at a meeting shall first secure the permission of the Presiding Officer to do so; provided, however, that under the following headings of business, any qualified and interested person shall have the right to address the Council upon obtaining recognition by the presiding Officer. a. Written Communications. Interested persons or their authorized representative may address the Council by written communication on any matters concerning the City's business, or any matters over which the council has control. Such written communication shall be delivered to the City Clerk no later than 11:00 a.m. of the Wednesday immediately preceding the regular Council meeting for which such written communication is intended. b. Oral Communications. Interested persons in the audience or their authorized representatives may address the Council by oral communications on any matters over which the Council has control; provided, however, that preference shall be given to those persons who have notified the City Clerk in advance of their desire to speak in order that the same may appear on the agenda of the Council. 13. ADDRESSING THE COUNCIL AFTER HOTION MADE After a motion is made by the Council, no person shall address the Council without first securing the permission of the presiding Officer to do so. 14. MANNER OF ADDRESSING COUNCIL Each person addressing the Council shall stand at the podium, if one is available, and give his name and address in an audible tone of voice for the record. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Council and 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. No question shall be asked a Councilmember except through the Presiding Officer. 15. VOTING a. Members of the Council shall vote by "voice vote" on all ordinances, resolutions and other matters unless a roll call vote is required by law or is requested by a Councilmember. Silence shall be recorded as an affirmative vote. The Presiding Officer shall announce the result of the vote. The City Clerk shall show on ordinances and resolutions the names of Councilmembers voting "Aye" and "No". Page 6 e . b. The vote on any matter being considered by the Council may be delayed by the Presiding Officcr until all mcmbers of the Council prcsent for a meeting, and not excused as hcrein provided, are present at the Council table. c. A member of the Council who has a conflict of interest regarding any matter being considered by the Council shall declare the conflict and excuse himself from participating in the Council's deliberations and decision regarding that matter. 16. ORDER AND DECORUM a. By Councilmembers. While the Council is in session, the members must preserve order and decorum, and a member shall neither by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Councilor its Presiding Officer, except as otherwise herein provided. b. By Persons. Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Councilor who shall by conversation or otherwise, delay or interrupt the proceedings or the peace of the Councilor disturb any member while speaking or refuse to obey the orders of the Councilor its presiding Officer shall be forthwith, by the presiding Officer, barred from further audience before the Council, unless permission to continue to be granted by a majority vote of the Council. c. Enforcement of Order and Decorum. A law enforcement officer shall be designated as Sergeant-at-Arms of the Council meetings when requested by the presiding Officer. He/she shall carry out all orders and instructions given at the Council meeting. Upon instruction of the Presiding Officer, it shall be the duty of the Sergeant-at-Arms, as to any person who violates the order and decorum of the meeting to remove and bar such person from the Council meeting. Violation of the order and decorum of a Council meeting is a misdemeanor. d. Smoking. Smoking shall not be permitted in the Council Chambers during the meetings of the Council. 17. SPECIAL COHNITTEES All special committees shall be appointed by the Presiding Officer, subject to approval of the City Council. Page 7 ... e "e 18. PROTESTS Any Councilmember shall have the right to have the reasons for his dissent from or protest against, any action of the Council entered on the minutes. 19. ADJOURNMENT A motion to adjourn shall always be in order and decided ~ithout debate. 20. RULES AVAILABLE FOR PUBLIC REVIEW A copy of this Resolution shall be available at all meetings of the Council for review by the public. PASSED, APPROVED AND ADOPTED this 22nd day of December, 1986. AYES: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery NOES: None ABSENT: None ~~ ~j?/. A~ - 0d~C. City ,....J~ ~rk .l:'age 8 e e RESOLUTION NO. - 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN **************** AMENDING RESOLUTION NO. 145-86 ESTABLISHING RULES FOR THE CONDUCT OF MEETINGS OF THE DUBLIN CITY COUNCIL WHEREAS, on December 22, 1986, the city council adopted Resolution No. 145 - 86 Establishing Rules for the Conduct of Meetings of the city council of the city of Dublin; and WHEREAS, this Resolution established the starting time for all regular meetings of the City council to begin at 7:30 p.m.; and WHEREAS, the Council desires to change the starting time of all regular City Council meetings to begin at p.m. NOW, THEREFORE, BE IT RESOLVED that effective with the regularly scheduled City council meeting of , 1994, this new time shall be in effect. BE IT FURTHER RESOLVED that the city Clerk shall be directed to immediately notify all interested parties of this change. PASSED, APPROVED AND ADOPTED this 14th day of February, 1994, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk