TO:
Honorable Mayor and Members of the City Council
THROUGH:
David N. Carmany, City Manager
FROM:
Quinn Barrow, City Attorney
SUBJECT:Title
Meeting Management - Rules of Order for City Council Meetings
ADOPT A RESOLUTION AMENDING AND RESTATING THE RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution 13-0066, “A Resolution of the Manhattan Beach City Council Amending and Restating the Rules of Order for the Conduct of City Council Meetings.”
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FISCAL IMPLICATIONS:
None.
BACKGROUND:
Periodically, and most recently on May 21, 2013 and August 13, 2013, the City Council reviewed its rules of order for the conduct of City Council meetings to facilitate effective meeting management. The Council’s consideration of the rules of order is intended to foster an environment in which more members of the public may participate in the meeting at a reasonable hour.
After public input and discussion on August 13, 2013, the City Council (1) adopted numerous motions regarding meeting management; (2) directed staff to prepare a draft resolution incorporating the adopted motions; (3) directed staff to memorialize other Council direction; and (4) directed the City Attorney to perform further research on the nature of items placed on consent calendars in other cities. The motions from the August 13, 2013 Council meeting are identified in the “Discussion” Section. The draft resolution and a redlined version are attached as Attachments 1 and 2. (Please note that the consent calendar is addressed in a separate staff report.)
An excerpt of the August 13 discussion is attached as Attachment 3. The agenda staff reports for the May 21, 2013 and August 13, 2013 council meetings are attached as Attachment 4. Resolution 12-6411, the most recent Rules of Order Resolution, is Attachment 5.
DISCUSSION:
The Council made the following motions on August 13, 2013. Section A indicates the actions taken that have been incorporated into the draft Resolution. Section B lists the additional direction that has not been incorporated into the draft Resolution. The items listed in Section B have been and can be implemented by staff without including them in the formal resolution.
A. MOTIONS INCORPORATED IN DRAFT RESOLUTION
1. A motion was made by Mayor Pro Tem Howorth, seconded by Councilmember Burton and carried (5 - 0), to continue to start Regular City Council Meetings at 6:00 p.m. with Ceremonial Matters heard first.
2. A motion was made by Mayor Pro Tem Howorth, seconded by Councilmember Burton and carried (5 - 0), that “Community Announcements” should remain early on the agenda with clarification that announcements should be for upcoming events.
3. A motion was made by Councilmember Burton, seconded by Councilmember Powell and carried (4 - 1), with Councilmember D'Errico opposed, that “Audience Participation” be limited to items not on the agenda, but within the subject matter and jurisdiction of City Council, that the total time be limited to 30 minutes and there be a carryover, second opportunity for “Audience Participation” near the end of the agenda.
4. A motion was made by Councilmember Burton, seconded by Mayor Pro Tem Howorth and carried (5 - 0), to maintain “Approval of the Agenda” at its current location.
5. A motion was made by Mayor Pro Tem Howorth, seconded by Councilmember Powell and carried (5 - 0), to move “City Manager Report” toward the beginning of the agenda, after public participation.
6. A motion was made by Councilmember Burton, seconded by Councilmember Powell and carried (5 - 0), to add another agenda item titled, “City Attorney Report” after the “City Manager Report.”
7. A motion was made by Mayor Pro Tem Howorth, seconded by Councilmember Powell and carried (5 - 0), to add a second opportunity for public comment toward the end of the agenda.
8. A motion was made by Councilmember Burton, seconded by Councilmember Powell and carried (5 - 0), to change the title of Audience Participation to Public Comments on Non-Agenda Items.
9. A motion was made by Councilmember Burton, seconded by Mayor Pro Tem Howorth and carried (5 - 0), to name the second “Audience Participation” session “Additional Public Comment.”
10. A substitute motion was made by Mayor Pro Tem Howorth, accepted by Councilmember Burton as an amendment to his original motion and carried (5 - 0), to have Council Announcements and Reports after the “City Manager’s Report” and the “City Attorney’s Report” and include AB1234 reporting (Committee and Travel Reports) and Items for Future Discussion after the Additional Public Comment.
11. A motion was made by Councilmember Powell, seconded by Mayor Pro Tem Howorth and carried (5 - 0), to rescind the 10:30 p.m. rule and the 11:00 p.m. rule (Resolution No. 12-6411 Sections 2b, c and d).
12. A motion was made by Councilmember Burton, seconded by Mayor Pro Tem Howorth and carried (5 - 0), to set a time limit for the Ceremonial Calendar between 15 and 30 minutes. Upon inquiry of the City Attorney, the Council clarified that its intent is to place a 30 minute cap on the Ceremonial Calendar.
13. A motion was made by Mayor Pro Tem Howorth, seconded by Councilmember D'Errico, to set a 15 minute total time limit per speaker, per meeting on a trial basis, excluding Public Hearings. Councilmember Burton expressed support for the motion and added that it should be done on a six-month trial basis. The motion carried (4 - 1) with Mayor Lesser, opposed.
Pursuant to Council direction given on August 13, 2013, the above motions are reflected in the draft Resolution (Attachment 1). Attachment 2 is a redline indicating the revisions to Resolution 12-6411 (Attachment 5) that the Council adopted in November 2012. In addition to reflecting Council direction, the redlined version incorporates minor cleanup language (e.g., reference to the Brown Act as it currently exists or is hereafter amended to avoid future inconsistencies) and revises language that is no longer in compliance with the Brown Act.
B. COUNCIL DIRECTION NOT INCLUDED IN THE DRAFT RESOLUTION
As noted above, the Council took additional action on matters that are not included in the draft resolution. Those items have either been implemented by staff or will be in place prior to preparation of the October 15, 2013 City Council agenda.
The Council took the following action:
a. Parking: Directed staff to implement a “Ninety-Day Pilot Program” providing free parking at the Civic Center structure after 5:00 p.m. on weeknights.
b. Estimated Time of Agenda Items: Projected times for agenda items have been added to the agenda. In addition, the "welcome" statement will include language that the times are merely an estimate.
c. Agenda Development Meetings: The Mayor and City Manager will set the Agenda in consultation with the City Clerk.
d. Draft Agenda Forecast: The draft agenda forecast, including Community Development calendar of upcoming projects, will be distributed weekly as “information only” and “subject to change.”
e. Revised Rules of Decorum: Adopted and in place.
f. Addition of Rules of Decorum and Definitions to Each Council Agenda.
g. Early Distribution of the Agenda Packet: City Council agenda packets will be posted online and eNoticed no later than noon on the Wednesday immediately preceding the Council Tuesday Regular Council Meeting and distributed to Council no later than 6:00 p.m. on that Wednesday.
h. Closed sessions will be Listed on the 6:00 Agenda Face Sheet.
i. Department Heads will be Listed on the Agenda for each Item Generated by the Applicable Department.
No additional action is needed on the above items unless the Council wishes to revisit one or more of the items.
CONCLUSION:
Staff recommends that the City Council adopt Resolution 13-0066, “A Resolution of the Manhattan Beach City Council Amending and Restating the Rules of Order for the Conduct of City Council Meetings.”
Attachments:
1. Draft Resolution No. 13-0066
2. Redlined version of Draft Resolution indicating suggested changes to Resolution No.12-6411
3. Draft Excerpt of Discussion from August 13, 2013 City Council Meeting
4. May 21, 2013 and August 13, 2013 City Council Agenda Staff Reports
5. Resolution No. 12-6411