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HomeMy WebLinkAboutItem 8.5 Council Meetings Teleconferenceor 19 82 /ii � 111 DATE: TO: FROM: STAFF REPORT CITY COUNCIL July 16, 2013 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' CITY CLERK File # 610 -20 SUBJECT: Discussion of Revisions to the Rules of the Conduct of Meetings of the City Council to Allow Teleconferencing Prepared by Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Council will discuss allowing teleconferencing by its members at City Council meetings. If the City Council is supportive of teleconferencing, the City Council would need to revise its "Rules for the Conduct of Meetings of the City Council" (the Rules), Resolution No. 19 -11. FINANCIAL IMPACT: Recent upgrades to the City's telephone system and Council Chambers Control Room equipment provide the ability for teleconferencing during City Council meetings. RECOMMENDATION: Staff recommends that the City Council discuss teleconferencing by City Councilmembers at City Council meetings, and provide direction to Staff, if approved, regarding revisions to the "Rules for the Conduct of Meetings of the City Council ". F 7 Submitted By City Clerk DESCRIPTION: Reviewed By Assistant City Manager The Ralph M. Brown Act ( "Act "), which governs the conduct of City Council meetings, specifically addresses the use of teleconferencing at public meetings. Most notably, the Brown Act does not give City Councilmembers the right to participate in meetings by teleconference. Thus, it is within the City Council's discretion to determine whether or not to allow teleconferencing and under what circumstances. Government Code section 54953(b)(4), defines "teleconference" as a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Also, pursuant to Government Code section 54933, Page 1 of 2 ITEM NO. 8.5 teleconferencing is permitted subject to the following restrictions: 1) at least a quorum of the City Council must participate in the meeting from locations within the City; 2) the meeting notice and agenda must identify any teleconferencing location to be used; 3) all teleconference locations must be open and accessible to the public; 4) copies of the agenda must be posted at all teleconference locations; 5) the meeting agenda must provide an opportunity for members of the public who attend at a teleconference location to address the City Council; and 6) all votes taken during a teleconference meeting must be by roll call. If the City Council wishes to authorize teleconferencing by its members at meetings, policies governing teleconferencing would need to be set out in the Rules. For example, the policy might or might not require pre - approval by the City Council before a specific City Council meeting; and /or it might allow teleconferencing at Special Meetings but not at Regular Meetings. Such requirements can be determined by the City Council. The Rules (Attachment 1) were last updated by the City Council on February 15, 2011, and include information regarding City Council meetings, such as attendance, order of business, addressing the City Council, and political activities. Staff contacted cities in Alameda County, as well as the Town of Danville, regarding use of teleconferencing by their City Councils. Responses received are shown on Attachment 2. If the City Council agrees to allow teleconferencing by City Councilmembers at meetings, Staff would return at a future meeting with proposed changes to the Rules. NOTICING REQUIREMENTS /PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution No. 12 -13, Amending and Restating the Rules for the Conduct of Meetings of the City Council (Replacing Resolution No. 19 -11) 2. City Council Remote Participation: Alameda County Cities & Town of Danville Page 2 of 2 RESOLUTION NO. 12 - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING AND RESTATING THE RULES FOR THE CONDUCT OF MEETINGS OF THE CITY COUNCIL (REPLACING RESOLUTION NO. 19-11) WHEREAS, from time to time, the City Council amends and restates the Rules for the Conduct of Meetings of the City Council, and the Rules were last restated by Resolution No. 19 -11; and WHEREAS, the City Council wishes to amend and restate the Rules in order to add a definition of the term "political activities" to the provision prohibiting Councilmembers from engaging in political activities during meetings of the City Council. NOW, THEREFORE, BE IT RESOLVED that the Rules for the Conduct of Meetings of the City Council are amended to read as follows in their entirety: REGULAR MEETINGS a. Time Regular meetings of the City Council shall be held on the first and third Tuesday of each month at the hour of 7:00 p.m., except that Closed Session Items shall be held at 6:30 p.m. Whenever the day fixed for any regular meeting of the City 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. b. Place All regular meetings of the City Council shall be held at the Civic Center, as designated by Ordinance. C. Public All meetings of the City 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. 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 City Council. Whenever a special meeting shall be called, written notice of such meeting shall be delivered personally or by any other means by the City Clerk to each member of the City Council and to each local newspaper of general circulation and radio /television 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 notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at such meetings by the City Council. The agenda for special meetings shall contain the information set forth in Section 3.a. - f. below. At least twenty -four (24) hours before 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. Page 1 of 7 3. AGENDA In order to facilitate the orderly conduct of the business of the City Council, the City Clerk shall be notified no later than 11:00 a.m., on the Tuesday immediately preceding a regular City Council meeting of all reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the City 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 City Council, the City Manager, City Attorney, City Department Heads and Staff with a copy of the agenda packet prior to the City 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: a. The date of the meeting b. The time of the meeting C. The location of the meeting d. A brief general description of each item of business to be transacted or discussed at the meeting e. Specified period of time for members of the public to address the City Council on items of interest to the public that are within the jurisdiction of the City Council, including a provision that no person may speak longer than three (3) minutes, and including language that the City Council can only briefly respond with questions, refer to Staff, or place on a future agenda f. A specified section under which City Councilmembers and Staff may present informational only reports. At least seventy -two (72) hours before each regular meeting, the City Clerk shall post a copy of the agenda in the Kiosk in front of the Civic Center located at 100 Civic Plaza, Dublin, California. The City Clerk shall execute a declaration of posting which shall be filed in the Office of the City Clerk. The City Clerk shall so mark or denote "Consent Calendar" items on the agenda to identify those items on the agenda which can reasonably be expected to generate no discussion by members of the City Council, City Staff or interested persons in the audience. The City Council shall consider all of the items on the Consent Calendar portion of the agenda at onetime by a vote after a motion has been duly made and seconded. If any member of the City Council, City Staff or interested person in the audience requests that a consent item be removed from the list, such item shall be taken up for consideration and disposition in the order listed on the agenda. 4. PRESIDING OFFICER The Mayor shall preside at all City Council meetings and perform such other duties consistent with his/her office as may be imposed by the City 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 all ceremonial purposes. Page 2of7 The Mayor shall preserve strict order and decorum at all regular and special meetings of the City Council. The Mayor shall state every question coming before the City Council, call for the vote, announce the decision of the City Council on all subjects and decide all questions of order, subject however, to an appeal of the City Council, in which event a majority vote of the City Council shall govern and conclusively determine such question of order. The Mayor shall sign all Ordinances adopted by the City 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 City Council to order. In the absence of the Mayor or Mayor Pro Tempore, the City Clerk shall call the City Council to order, whereupon a temporary chair shall be elected by the members of the City Council present. Upon the arrival of the Mayor or Mayor Pro Tempore, the temporary chair shall immediately relinquish the chair upon the conclusion of the business immediately before the City Council. C. ATTENDANCE Before proceeding with the business of the City 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 City Council shall constitute a quorum for the transaction of business, but a lesser number than a quorum may adjourn from time to time. The City 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. A copy of the order or notice of adjournment shall be posted in the Civic Center Kiosk and other places designated by the City 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. 8. ORDER OF BUSINESS Promptly at the hour set on the day of each regular meeting, the members of the City Council, City Clerk (or Designee) and City Manager (or Designee) shall take their regular stations in the City Council Chambers and the business of the City Council shall be taken up for consideration and disposition in the following order except that with the unanimous consent of the City Council, matters may betaken up out of order: Page 3 of 7 • Call to Order (Closed Session) • Call to Order & Pledge of Allegiance to the Flag • Report on Closed Session Action • Oral Communications • Consent Calendar • Written Communications • Public Hearings • Unfinished Business • New Business • Other Business (City Council /Staff Informational Only Reports /Matters Too Late for the Agenda) • Adjournment 9. MATTERS TOO LATE FOR THE AGENDA a. No action or discussion shall take place on any item not appearing 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 54956.5; (2) The City Council determines by vote of two- thirds of the members present (i.e. four votes if five members are present and three votes if four members are present), or by a unanimous vote of the members of the City Council if only 3 members are present, that there is a need to take immediate action and that the need for action came to the City Council's attention after the agenda was posted; (3) The item was included in a posted agenda for a prior meeting held not more than five (5) calendar days prior to the meeting at which the item is acted upon and at the prior meeting the item was continued to the meeting at which the action is being taken. b. When an item not on an agenda is raised by a member of the public, the City Council may briefly respond, may ask questions for clarification, provide a reference to Staff or other resources, or request Staff to report back at a subsequent meeting. Furthermore, a member of the City Council may take action to place a matter of business on a future agenda. 10. READING OF MINUTES Unless the reading of the minutes of a City Council meeting is requested by a member of the City Council, such minutes may be approved without reading if the City Clerk has previously furnished each member with a copy thereof. 11. RULES OF DEBATE a. Presiding Officer may debate The Mayor or such other member of the City 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 City Councilmember by reason of his /her acting as the Presiding Officer. b. Getting the floor Every member desiring to speak shall address the Mayor, and upon recognition by the Mayor, shall confine himself /herself to the question under debate. Page 4 of 7 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 City Councilmember moving the adoption of an Ordinance or Resolution shall have the privilege of closing the debate. e. Motion to reconsider A motion to reconsider any action taken by the City Council may be made at any time. Such a 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 floor; it shall be debatable. Nothing herein shall be construed to prevent any member of the City Council from making or remaking the same or other motion at a subsequent meeting of the City Council. f. Remarks of City Councilmember A City Councilmember may request through the Mayor, the privilege of having an abstract of his /her statement on any subject under consideration by the City Council entered in the minutes. If the City Council consents thereto, such statement shall be entered in the minutes. g. Synopsis of Debate The City Clerk may be directed by the Mayor with the consent of the City Council, to enter in the minutes a synopsis of the discussion of any question coming regularly before the City 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 meetings of the City Council. 12. ADDRESSING THE CITY COUNCIL Any person desiring to address the City Council at a meeting shall first secure the permission of the Mayor to do so; provided, however, that under the following headings of business, any qualified and interested person shall have the right to address the City Council upon obtaining recognition by the Mayor. a. Written Communications Interested persons or their authorized representative may address the City Council by written communication on any matters concerning the City's business, or any matters over which the City Council has control. Such written communication shall be delivered to the City Clerk no later than 11:00 a.m., of the Tuesday immediately preceding the regular City Council meeting for which such written communication is intended. b. Oral Communications Interested persons in the audience or their authorized representatives may address the City Council by oral communications on any matters over which the City 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 City Council. 13. ADDRESSING THE CITY COUNCIL AFTER MOTION IS MADE After a motion is made by the City Council, no person shall address the City Council without first securing the permission of the Mayor to do so. Page 5 of 7 14. MANNER OF ADDRESSING CITY COUNCIL Each person addressing the City Council shall stand at the podium, and give his/her name and address in an audible tone of voice for the record. A Speaker Slip shall be completed in order to facilitate preparation of the minutes. All remarks shall be addressed to the City Council as a body and not to any 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 City Council, without the permission of the Mayor. No question shall be asked a City Councilmember except through the Mayor. 15. VOTING a. Members of the City Council shall vote by a "voice vote" on all Ordinances, Resolutions and other matters, unless a roll calf vote is required by law or is requested by a City Councilmember. Silence shall be recorded as an affirmative vote. The Mayor shall announce the result of the vote. The City Clerk shall show on Ordinances and Resolutions, the names of City Councilmembers voting "Aye" and "No ". b. The vote on any matter being considered by the City Council may be delayed by the Mayor until all members of the City Council present for a meeting, and not excused as herein provided, are present at the City Council dais. C. A member of the City Council who has a conflict of interest regarding any matter being considered by the City Council shall declare the conflict and excuse himself /herself from participating in the City Council's deliberations and decisions regarding that matter. 16. ORDER AND DECORUM a. By City Councilmembers While the City 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 City Council nor disturb any member while speaking or refuse to obey the orders of the City Council or Mayor, except as otherwise herein provided. b. By Persons Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the City Council or who shall by conversation or otherwise, delay or interrupt the proceedings or the peace of the City Council or disturb any member while speaking or refuse to obey the orders of the City Council or the Mayor shall be forthwith, by the Mayor, barred from further audience before the City Council, unless permission to continue is granted by a majority vote of the City Council. C. Enforcement of Order and Decorum A law enforcement officer shall be designated as Sergeant -at -Arms of the City Council meetings when requested by the Mayor. He /she shall carry out all orders and instructions given at the City Council meeting. Upon instruction of the Mayor, 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 City Council meeting. Violation of the order and decorum of a City Council meeting is a misdemeanor. d. Smoking Smoking is prohibited at all times in all City -owned facilities. 17. PROHIBITION ON POLITICAL ACTIVITIES Members of the City Council shall not engage in political activities related to local, state, or federal elections during Council meetings. For the purposes of this section, the term "political activity" shall mean an activity directed toward the success or failure of a political party, a candidate for elected office, a ballot measure, or a political group. Nothing in this Page 6 of 7 section shall prevent the City Council from considering whether or not to support or oppose a ballot measure or state or federal legislation. 18. SPECIAL COMMITTEES /TASK FORCES All special committees /task forces shall be appointed by the Mayor, subject to approval of the City Council. 19. CITY COUNCILMEMBER VACANCIES When a vacancy occurs on the City Council, in the office of City Councilmember or Mayor, and the City Council determines to consider filling the vacancy by appointment, the City Council will make such appointment only at a meeting at which all remaining City Councilmembers (including the Mayor) are present. This rule shall not preclude the City Council from calling a special election to fill the vacancy or from adopting an ordinance to fill the vacancy pursuant to Government Code Section 36512 at a meeting at which one of the remaining City Councilmembers (including the Mayor) is absent. 20. PROTESTS Any City Councilmember shall have the right to have the reasons for his/her dissent from or protest against, any action of the City Council entered in the minutes. 21. ADJOURNMENT A motion to adjourn shall always be in order and decided without debate. 22. RULES AVAILABLE FOR PUBLIC REVIEW A copy of these Rules shall be available at all meetings of the City Council for review by the public. PASSED, APPROVED AND ADOPTED this 19th day of February, 2013, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None �J Mayor ATTES City Clerk Reso No. 12 -13, Adopted 2- 19 -13, item 4.4 Page 7 of 7 ALAMEDA COUNTY CITIES & TOWN OF DANVILLE CITY COUNCIL REMOTE PARTICIPATION CITY ALLOWED VIA TELECONFERENCE PHONE? SKYPE? HOW OFTEN? Berkeley Yes Teleconference Very often Emeryville Yes Teleconference Very seldom Fremont Yes Skype Not often Hayward Yes Teleconference Not often; happened three times during last 10 years Livermore Yes Teleconference Twice in last 7 years Pleasanton Yes Teleconference Once or twice a year Danville Yes Teleconference Rarely ATTACHMENT 2