HomeMy WebLinkAboutCC AG PKT 2013-12-09 #AI Cal 10 0 0 0 0 0 0 0 W. rardrAM
THRU: Jill R. Ingram, City Manager
FROM: Quinn Barrow, City Attorney
• 14 *lei 1 1zL*JA;-2 LO N-11 11 DIN K-
SUMMARY OF REQUEST:
That the City Council consider Resolution No. 6422 amending the Council's
Rules of Procedures (City Council Policy 100-3) regarding allocation of staff
resources to address emergent issues, and direct the City Clerk to insert the
maximum number of hours of staff time used for that purpose in subsection 2 of
Section 10.D.
DISCUSSION:
On October 21, 2013, the City Council held a goal setting workshop, during
which the Council discussed how staff should accommodate emergent issues
raised by individual councilmembers that fall outside the scope of the Council's
previously stated policies, goals, or objectives. The concern is that responding to
such issues will impede staff's ability to achieve those previously stated policies,
goals, or objectives. The consensus of the Council at the workshop was that the
Council's Rules of Procedure (Council Policy 100-3) should be amended to place
a cap on the amount of staff time to be spent on addressing the concerns of
individual councilmembers without consulting the entire Council. Comments
were made that the councilmember should be required to place the item on the
agenda if the estimated staff time exceeded an agreed upon amount of time,
perhaps four hours. Another city does not allow staff to spend any substantial
time at the request of an individual councilmember without first "agendizing the
item" for council discussion at a duly noticed city council meeting. That city has
the following rule, applicable for individual councilmembers placing items on the
agenda:
"As to items placed on the agenda by a Council member, no staff
time shall be incurred in connection with such item, other than
incidental time, such as reproducing correspondence or making
Agenda Item — A
minor revisions to conform a resolution provided by an outside
entity to the City's resolution format."
In another city, no staff time can be incurred in connection with a request from an
individual councilmerriber unless two councilmembers; agree, at a duly noticed
council meeting, that staff time can be incurred.
Another policy consideration for the Council is whether individual
councilmembers can direct the City Attorney to perform legal services, including
research.
A current copy of the Council's Rules of Procedure (Council Policy 100-3) is
attached for reference. The proposed amendment would revise part of Section
10 of the Rules, which pertains to the City Council's relationship with City staff.
Section 10.D currently states:
All Council Member requests for written reports or research shall be
addressed to the City Manager. The City Manager shall inform all
Council Members that a Council Member has requested informational
material. Any Council Member may request a copy of any written
material provided to the requesting Council Member. Council Members
should contact the City Manager as early as possible if they desire to
have any additional written material prior to a City Council meeting. If a
Council Member has questions, needs clarification, or needs additional
material, he/she shall advise the City Manager as early as possible before
a City Council meeting so the staff can meet his/her needs.
The proposed amendment would revise Part D to state:
1. All Council Member requests for written reports or research shall be
addressed to the City Manager. The City Manager shall inform all
Council Members that a Council Member has made such a request.
Any Council Member may request a copy of any written material
provided to the requesting Council Member.
2. If the City Manager determines that responding to a Council Member's
request for a report or research: (1) is outside the scope of the
Council's previously stated policies, goals, or objectives; and (2) would
require more than hours of staff time, then the City Manager
may place the item on a future Council Agenda for further direction
from the entire Council.
3. Council Members should contact the City Manager as early as possible
if they desire to have any additional written material prior to a City
Council meeting. If a Council Member has questions, needs
clarification, or needs additional material, he or she shall advise the
City Manager as early as possible before a City Council meeting so the
staff can meet his
• her needs.
ENVIRONMENTAL IMPACT:
No environmental review is required for this item.
LEGAL ANALYSIS:
The City Attorney has reviewed the resolution and approved it as to form.
FINANCIAL IMPACT:
There is no financial impact from the adoption of the proposed resolution.
RECOMMENDATION:
That the City Council consider Resolution No. 6422 amending the Council's
Rules of Procedures (City Council Policy 100 -3) regarding allocation of staff
resources to address emergent issues, and direct the City Clerk to insert the
maximum number of hours of staff time used for that purpose in subsection 2 of
Section 10.D.
SUBMITTED BY:
0 ' � 9
Quinn Barrow, City Attorney
Attachments:
A. Resolution No. 6422
B. Council Policy 100 -3 (current)
Page 3
NOTED AND APPROVED:
1
Ingram, -
RESOLUTION NUMBER 6422
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AMENDING THE COUNCIL RULES OF PROCEDURE (COUNCIL
POLICY 100~03) REGARDING ALLOCATION OF STAFF
RESOURCES TO ADDRESS EMERGENT ISSUES
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby amends Section 10.D of Council Policy
100-0 to read asfollows:
1. All Council Member requests for written reports or research shall be
addressed to the City K8anager, The Qty Manager shall inform all Council
K4ambam that a Council Member has made such a request. Any Council
Member may request copy of any written material provided to the requesting
Council Member.
2. If the City [Nonugar determines that responding to e Council
Member's request for a report or research: (1) is outside the scope of the
Council's previously stated puUciam, gom|s, or nbjeobwao; and (2) would require
more than hours nf staff time fora response, the Qh/ Manager may place
the item on a future Council Agenda for further direction from the entire Council.
3. Council Members should contact the City Manager as early as
possible if they desire to have any additional written material prior to a City
Council meeting. If a Council Member has quentiuns, needs darifimaUon, or
needs additional maheha|, he or she mhoU advise the City Manager as aody as
possible before a City Council meeting mo the staff can meet his or her needs.
Section 2. Except as expressly amended by this Resolution, Council Policy
100-O3 shall remain in full force and effect.
PAS8EO. APPROVED and ADOPTED by the Seal Beach City Council at o
regular meeting held on the 9th day of Der-ember , 2013 by the following vote:
AYES:
Council Members
NOES:
Council Members
ABSENT:
Council Members
ABSTAIN:
Council Members
Mayor
ATTEST:
City Clerk
STATE OFCALIFORNIA }
COUNTY OF ORANGE )8G
CITY OF SEAL BEACH }
|. Linda Devine, Qh/ Clerk of the City of Seal Benoh, do hereby ned|h/ that the
foregoing resolution is the original copy of Resolution Number 6422 on file in the
office of the City C|ark, paooed, aVpmved, and adopted by the Seal Beach Qty
Council a8a regular meeting held un the _9th __day of_1 December, 2U13.
City Clerk
Exhibit "A"
Resolution Number 6160
CITY OF SEAL BEACH
Council Policy
SUBJECT
COUNCIL RULES OF PROCEDURE
SECTION
INDEX NO.
CURRENT
REVISION
COUNCIL
CITY
REVISION
DATES
APPROVAL
MANAGER
100
03
Res #5179
Res #6160
10/27/03
Res #4792
approval
07/11/11
Res #5919
3/13/2000
N/A
11/09/09
1. SCOPE
The successful operation of a municipality requires that standards be established
to define the roles, responsibilities and expectations of the governing board and
staff in the operation of the organization. These standards will promote
communication, understanding and trust among members of the City Council, the
public and City staff concerning their roles, responsibilities and expectations, and
public participation in the process.
2. PURPOSE AND INTENT
This policy establishes rules of decorum for Council /staff interaction and
procedure for orderly conduct of City Council meetings, special meetings, and
study sessions. Due to the informal nature of workshops, study sessions and
joint meetings, the presiding officer may deviate from these rules, provided all
deviations comply with the Brown Act.
The establishment and periodic review of these City Council rules will help
protect free speech and civil discourse and facilitate the orderly, efficient conduct
of productive, issue -based City Council meetings.
3. MEETING POLICY
These rules are designed to comply with the City Charter and applicable state
law, including the Ralph M. Brown Act (Brown Act), and apply to all meetings of
the City Council and Redevelopment Agency. Unless otherwise stated,
reference to the City Council shall also include the Redevelopment Agency.
When these rules refer to the Mayor and Council Members, the term shall also
include Chair and Members of the Redevelopment Agency. Any act that the
Mayor is authorized to perform may be performed by -the Mayor Pro Tem in -the
Mayor's absence, or by the Vice Chair of the Redevelopment Agency in the
Chair's absence.
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Exhibit "A" Resolution Number 6160
City Council Meetings shall be conducted according to Article IV of the City
Charter, provisions of the Government Code that pertain to holding meetings in
public (Section 54950 - 54963; the Brown Act), and Robert's Rules of Order,
Newly Revised, if the Charter, the Brown Act or these Rules do not address a
subject.
4. ORDER OF AGENDA
A. Matters shall be heard in the order printed on the City Council
agenda. However, with Council approval, if several community members are
present to speak on that specific agenda item or if the Council otherwise
determines that it is in the public interest to change the order of -the agenda, the
Council may hear agenda items out of their prescribed order on the printed
agenda. The appropriate time to rearrange the order of the agenda is while
considering the approval of the agenda.
B. At the time the Council considers approval of the agenda, the
Council may approve a request by the City Manager to change the agenda.
C. Consent Calendar. During consideration of approval of the agenda:
1. A Council Member may remove items listed on the Consent
Calendar for individual consideration.
2. Upon request by the City Manager, City Attorney or member
of the public, the presiding officer may remove items listed on the Consent
Calendar for individual consideration.
D. At anytime during a council meeting, any Council Member may
request an item be placed on a council agenda within two regular Council
meetings. In addition, the Mayor may place items on the next council agenda at
any time that complies with the Brown Act posting of agenda requirements. All
agenda matters including ordinances, resolutions and contract documents shall,
before presentation to the Council, be 1) examined and approved as to form and
legality by the City Attorney and 2) examined and approved for administration by
the City Manager (or in his /her absence, his /her designee).
E. Reading of Minutes. Unless a member of the Council requests a
reading of the minutes, the minutes may be approved without reading if the City
Clerk has previously furnished each member with a copy. Directions for changes
in the minutes shall be made only by a majority action of the Council.
5. CLOSED SESSIONS
A. Purpose. It is the policy of the Council to conduct local government
business at open and public meetings, except in certain limited situations as
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Exhibit "A" Resolution Number 6160
authorized by California State law, for those matters properly considered within a
closed session meeting. Examples of business that may be conducted in closed
session include personnel evaluations, threats to public safety, labor
negotiations, pending litigation, real estate negotiations, and consideration of a
response to an audit report from the Bureau of State Audits.
B. Rule of Confidentialitv. The Council recognizes that breaches in
confidentiality can severely prejudice the City's position in litigation, labor
relations and real estate negotiations. Further, breaches of confidentiality can
create a climate of distrust among Council Members and can harm the Council's
ability to communicate openly in closed sessions, thereby impairing the Council's
ability to perform its official duties. Council Members shall keep all written
materials and verbal information properly provided to them in closed session in
complete confidence to ensure that the City's position is not compromised. No
mention of information in these materials shall be made to anyone other than
Council Members, or, as appropriate, the City Attorney and /or the City Manager,
except where authorized by a majority of the City Council.
C. The Council further recognizes that confidentiality of discussions
and documents are at the core of a closed session. Confidentiality is essential if
the closed session is to serve its purpose. Therefore, the Council, City Attorney,
and City Manager shall adhere to a strict policy of confidentiality of closed
sessions.
D. Breach of Rule of Confidentialitv. No person who attends a closed
session may disclose any statements, discussions, documents or votes made in
a closed session unless the Council authorizes the disclosure. Violations can be
addressed through injunctions, disciplinary action, and referral to the grand jury.
E. Closed session business shall be described on the public agenda.
Public comment on closed session items shall be allowed before convening the
closed session. After a closed session, the Council shall convene the public
meeting and publicly report certain types of actions if they were taken, and the
vote on those actions all to be consistent with the requirements of the Brown Act.
6. CITY COUNCIL MEETING RULES OF ORDER
A. Robert's Rules of Order, Newly Revised shall govern the
proceedings of the Council in all instances not addressed by the City Charter,
Brown Act or these Council Rules of Conduct.
B. Rules of Debate.
1. Presiding officer may engage in discussion and Council
votes. The presiding officer (Mayor) may move, second, and debate from the
chair, subject only to such limitations of debate as are by these rules imposed on
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Exhibit "A" Resolution Number 6160
all members and shall not be deprived of any of the rights and privileges of a
Council Member by reason for his /her acting as the presiding officer.
2. Getting the Floor -- Improper References shall be avoided.
Every person desiring to speak shall address the presiding officer, and, upon
recognition by the presiding officer, shall confine himself /herself to the question
under debate, avoiding all personalities and indecorous language.
3. Interruptions. Once recognized, a speaker shall not be
interrupted unless it is to call him /her to order, or as otherwise provided in these
rules. If a speaker is called to order, he /she shall stop speaking until the
question of order is determined, and, if in order, shall be permitted to proceed.
4. Motion to reconsider. Other than with respect to adoption of
resolutions of final actions in quasi - judicial proceedings, a Council Member may
move to reconsider action taken by the Council only on the date action was taken
or at the next subsequent meeting. This 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 motion or while a member has the floor;
it is debatable. Nothing in these rules prevents a Council Member from making
or remaking -the same motion or any other motion at a subsequent meeting of the
Council.
5. Remarks of Council Member - When Entered in Minutes. A
Council Member 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.
6. Limitation of Debate. No Council Member shall be allowed
to speak more than once upon a particular subject until each Council Member
desiring to do so have spoken.
7. Each Council Member shall limit his /her comments to 15
minutes on each item on the agenda.
7. RULES OF DECORUM
A. Remarks during Council meetings. No person shall make
slanderous, libelous, personal or profane remarks, disrupt the conduct of the
meeting, or make threats against any person or the public order.
B. The presiding officer shall use his /her discretion to enforce these
rules. Council Members and staff shall be polite. Even under tense situations,
all speakers shall refrain from the use of profanity, impolite or disrespectful
remarks and offensive gestures, either towards a Council Member, staff or the
public.
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AN11110".1
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1. The City encourages the public to participate in every public
meeting conducted by the City. Any member of the public may directly address
the Council on any item of interest to the public, or any item on the agenda,
during the portion of the agenda entitled, "Oral Communications." In addition,
any member of the public may provide testimony at any public hearing.
Consistent with the City's established policy, all comments shall be civil.
Pursuant to the Brown Act, the Council cannot take action on or discuss any item
not appearing on the posted agenda.
2. Each person desiring to address the Council shall approach
the podium and when recognized by the presiding officer shall step to the
microphone, state the subject he/she wishes to discuss, state whom he/she is
representing if he/she represents an organization or other persons, and, unless
further time is granted by majority vote of the Council, shall limit his/her remarks
to no more than 5 minutes. In certain matters, the presiding officer may limit
remarks to 3 minutes. In order to effectively enforce the time limit, the Mayor Pro
Tern shall monitor the time for each speaker and inform the Council when the
time limitation has been reached. The presiding officer shall strictly enforce the
time limit in order to ensure that all members of the public have an opportunity to
speak and that the Council is able to complete the public's business. Individual
speakers may not use the allocation of other persons. Individual speakers may
not speak twice on the same agenda item. All remarks shall be addressed to the
Council as a body, and not to any member thereof. No person other than the
speaker may speak without the permission of and through the presiding officer.
Each person will be allowed to present information to the
City Council. Any printed information is optional and shall be given to the City
Clerk and shall consist of at least 15 copies for the City Council, City Staff, and
public. The person can present a powerpoint presentation, during "Oral
Communications", if the presentation is provided to the City Clerk in advance, by
noon on the Friday before a City Council meeting. Any presentation will not
exceed the 5 minute time limit. (revised 07/11/11}
3. Speakers shall refrain from attacking the character of any
person. The presiding officer, subject to appeal to the Council, shall be the judge
of whether speakers are impugning character. (See: Rules Of Decorum -
Section 7 E.2.)
4. The presiding officer shall not recognize the same person to
speak more than once on the same subject except at the discretion of the City
Council unless that person is deemed to be able to give expert advice needed by
the Council in their deliberations.
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Exhibit "A" Resolution Number 6160
5. Spokesperson for Group of Persons. In order to expedite
matters and to avoid repetitious presentations, any group of persons wishing to
address the Council on the same subject matter is encouraged to choose a
spokesperson to address the Council.
D. Relevancy. At public hearings, speakers shall confine their
remarks to those that are relevant to the subject of the hearing. The presiding
officer, subject to appeal to the Council, shall be the judge of relevancy.
E. Members of the Audience.
1. A person in the audience who engages in disorderly conduct
such as stamping of feet, whistling, using profane language, yelling, or any other
type of demonstration, the conduct of which disturbs the peace and good order of
the meeting, or who refuses to comply with the lawful orders of the presiding
officer, shall, upon instructions from the presiding officer, be removed from the
Council Chambers by the Sergeant at Arms.
2. It is the policy of the Council that all members of the public
have the right to address the Council and that right includes the right to make
remarks that members of the Council may find critical, unpleasant, or even
offensive. The Brown Act states that the Council "shall not prohibit public
criticism of the policies, procedures, programs or services of the City or the acts
or omission of the City Council." However, the Brown Act also provides that
nothing in such provision "shall confer any privilege or protection for expression
beyond that otherwise provided by law." Moreover, the Brown Act also
recognizes it is also important that a proper standard of behavior be maintained
during meetings and that the City Council is able to complete the public's
business in a timely manner. Therefore, the public should respect the order,
procedures, and decorum of City Council meetings. Persons addressing the City
Council shall adhere to time limits.
F. City Council Remarks.
1. Council Members shall address the public and staff in a
courteous manner. 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 a
member while speaking or refuse to obey the orders of the presiding officer.
Council Members shall not leave their seats during the meeting without first
obtaining the permission of the presiding officer.
2. Each individual Council Member shall respect the
interpersonal style and individual points of view of the other Council Members
and shall respect each other's right to disagree. All Council Members shall
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Exhibit "A" Resolution Number 6160
exhibit a high degree of decorum and courtesy during the City Council meetings,
towards other Council Members, the public, and City staff.
3. Council Members may discuss non - agenda items under any
of the following exceptions. Council Members may briefly respond to statements
made or questions posed by persons once the presiding officer closes Oral
Communications. In addition, on his /her own initiative or in response to
questions posed by the public, a Council Member may ask a question for
clarification, make a brief announcement, or make a brief report on his /her own
activities. Furthermore, the Council may provide a reference to staff or other
resources for factual information, request that staff report back to the Council at a
subsequent meeting concerning any matter, or take action to direct staff to place
a matter of business on a future agenda.
4. Council Members shall not make hostile remarks. Council
Members shall not engage in debate with a member of the public at a Council
meeting. If a speaker from the public attacks a Council Member, the presiding
officer may ask the staff for input, if appropriate. If a speaker from the public
makes inflammatory or erroneous statements, after the conclusion of the public
input, the presiding officer shall then afford each Council Member the opportunity
to briefly respond.
5. Council Members shall keep open minds on all issues prior
to deliberation immediately prior to a vote. Council Members shall base their
decisions in quasi - judicial matters upon the evidence, including testimony
presented at the public hearing.
6. There shall be no "grandstanding" on any issue. In this
context, "grandstanding" means the misuse of the Council dais in a disrespectful
and inappropriate manner to state a point of view in a negative manner.
"Grandstanding" includes: personally attacking another Council Member, staff or
member of the public, walking off the Council dais or leaving any meeting in
anger or disgust; emphasizing a political point of view unrelated to the issue
before the Council solely for the purpose of playing to the audience; using the
dais for non -City business; addressing the media for political purposes rather
than addressing the Council as a body; or purposely misstating the facts of an
issue for political purposes.
7. During deliberation on any issue, each Council Member has
the right to express his /her opinions as to the issue, and be a passionate
advocate for a position or point of view. However, City policy is established by
the majority and not by any individual Council Member. Council Members who
are in the majority shall respect the right of the minority to express disagreement
with the majority. Once the decision is reached, Council Members who are in the
minority on an issue shall respect the authority of the majority.
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8. A Council Member shall retain all of his /her rights and
privileges of the dais.
G. Comments regarding City employees. Council Members shall not
make comments regarding City personnel matters. Any concerns by a Council
Member about the performance of a City employee should be discussed privately
with the City Manager. Council Members shall refrain from engaging in personal
attacks on staff at any time.
H. Employees. Members of the City staff and employees shall
observe the same rules of order and decorum applicable to the City Council.
Members of the City staff may leave their seats during a meeting without first
obtaining the permission of the presiding officer.
I. Enforcement of Decorum. The Chief of Police, or such member of
the police department as he /she may designate, shall be Sergeant at Arms of the
City Council and shall carry out all orders given by the presiding officer for the
purpose of maintaining order and decorum at the Council meetings. A Council
Mernber may move to require the presiding officer to enforce the rules and the
affirmative vote of a majority of the Council shall require him /her to do so.
J. Violation of the Rules of Decorum. Upon violation of the rules of
decorum, the established procedure to enforce the rules shall be as follows:
1. Warning. Any person making slanderous, libelous, personal
or profane remarks or who becomes boisterous during a City Council meeting
shall be called to order by the presiding officer. The presiding officer shall first
request that a person who is violating the rules cease such conduct. If, after
receiving a request from the presiding officer, the person persists in violating the
rules, the presiding officer shall order a recess. Any representative of law
enforcement who is present at the meeting when any violations occur shall be
authorized to warn the person that his /her conduct is violating the rules and that
he /she is requested to cease such conduct. If upon resumption of the meeting
the violation persists, the presiding officer shall order another recess, whereupon
the presiding officer shall have the authority to ask the law enforcement
personnel to remove the person from the meeting and /or to cite the person as
being in violation of Penal Code Section 403.
2. Motion to Enforce. If the presiding officer fails to enforce the
rules of decorurn set forth herein, any Council Member may move to require the
presiding officer to do so, and an affirmative vote of a majority of the Council
shall require the presiding officer to do so. If the presiding officer fails to carry
out the wishes of the majority of the Council in this matter, the majority may
designate another Council Member to act as presiding officer for the limited
purpose of enforcing the rules of decorum established herein.
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3. Clearing the Room. Pursuant to Government Code Section
54957.9, in the event that any meeting is willfully interrupted by a person or
groups of persons so as to render the orderly conduct of such meeting unfeasible
and order cannot be restored by the removal of the individuals who are willfully
interrupting the meeting, by a majority vote of the City Council, the meeting room
may be ordered cleared and the meeting shall continue in session.
Representatives of the press or other news media, except those participating in
the disturbance, shall be allowed to attend any session pursuant to the
Government Code Section 54957.9. Nothing in this section shall prohibit the
Council from readmitting an individual or individuals not responsible for willfully
disturbing the orderly conduct of the meeting.
4. Violation of the California Penal Code. Any person who,
without authority of law, willfully disturbs or breaks up any meeting, is guilty of a
misdemeanor and may be prosecuted under Penal Code Section 403 for
disturbing a public meeting.
HENNUE11M
A. failure to Vote. Every Council Member present will cast a vote
unless he/she disqualifies himself/herself by reason of conflict of interest.
1. In the event of a conflict of interest due to a financial interest
in the decision, a councilmember must: (i) identify the financial interest that gives
rise to the conflict in detail sufficient to be understood by the public (except that
disclosure of the exact street address of a residence is not required); (ii) publicly
state his or her recusal from the matter; and (iii) leave the room until after the
disposition of the matter unless the matter appears on a consent calendar.
2. In addition to a conflict due to financial interest, there are
other reasons to abstain, including the following: the Council Member does not
wish his/her position to become known, he/she has no preference of position on
the issue, has a common law conflict of interest, or is not in a position to vote in
favor or against a matter due to absence.
3. For purposes of action of the Council, an abstention shall
neither be counted for the majority nor for the minority and shall therefore have
the effect as though no vote were cast in result of the vote when counted. The
recorded and published vote, however, shall show the abstention.
B. Tie Vote. Tie votes shall be lost motions and may be reconsidered.
C. Changing Vote. A member may change his/her vote only if he/she
makes a timely request to do so immediately following the announcement of the
vote by the City Clerk and prior to the time that the next item in the order of
business is taken up. A Council Member who publicly announces that he/she is
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Exhibit "A" Resolution Number 6160
abstaining from voting on a particular matter may not subsequently withdraw
his/her abstention.
9. COUNCIL MEETING TIME LIMITS
A. Establishing Meeting Time Limit. The City Council shall not
consider any new agenda item after 11:00 p.m. at any meeting. No later than
10:45 p.m. the City Council shall determine by a vote thereof to continue the
meeting until the remaining agenda items are resolved, or reschedule the
remaining items to a date certain prior to, the next meeting, or continue the items
until the next meeting.
B. Final Adjournment Hour. The City Council shall adjourn any
meeting no later than 11:59 p.m. on the date of said meeting.
C. Waiver of Time Limit. The Council may waive these time limits by
majority vote.
10. CITY COUNCIL RELATIONSHIP WITH CITY STAFF
A. Article III of the City Charter provides that the City of Seal Beach
operates under the Council-Manager form of government; Article VI of the City
Charter defines the duties of the City Manager. Section 406 of the City Charter
says that neither the City Council nor any of its members shall interfere with the
execution by the City Manager of his/her duties.
B. The Council is the City's policy-making body and the City Manager
administers the Council's policies. The Council holds the City Manager
responsible for the administration of the City departments. The overall internal
administration by the City Manager is necessary in order to assure efficient and
economic operations of the various departments pursuant to the Council's
direction. The practices of each department are subject to review and control by
the City Manager.
C. Except for purposes of inquiry, the City Council and its members
shall deal with the administrative service solely through the City Manager and
shall not give orders to any subordinate of the City Manager, either publicly or
privately.
D. All Council Member requests for written reports or research shall be
addressed to the City Manager. The City Manager shall inform all Council
Members that a Council Member has requested informational material. Any
Council Member may request a copy of any written material provided to the
requesting Council Member. Council Members should contact the City Manager
as early as possible if they desire to have any additional written material prior to
a City Council meeting. If a Council Member has questions, needs clarification,
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Exhibit "A" Resolution Number 616M
or needs additional material, he/she shall advise the City Manager as early as
possible before a City Council meeting so the staff can meet his/her needs.
E. City Council agenda reports should be provided to the City Council
as early as possible before a meeting but no later than the Friday before that City
Council meeting.
F. Staff reports shall give professional input on the issue, including
areas of potential controversy and concern, shall try to present all sides of an
issue, and shall recommend areas for discussion and decision by the City
Council. Once a decision is made by the Council, it shall be fully supported,
accepted and implemented by staff.
G. Any project requested by an individual Council Member must be
authorized by the City Manager. If the City Manager deems the project to be
outside the bounds of direction or policy from the Council given at a Council
meeting, the Council Member making the request may bring the request to the
full City Council. Staff responses to requests for written information from one
Council Member shall be copied to all Council Members.
exception to the above guidelines may be staff work required in
support of a Council Member designated by the City Council to represent the City
in an intergovernmental role (e.g., membership on Joint Powers Authority), or
relative to a special assignment (e g., a special task force)
Approved by City Council November 09, 2009 by Resolution No. 5919. Modified
by City Council July 11, 2011 by Resolution No. 6160.
iWIT"
(100-03)