15.B.
City Council Meeting - FINAL
- Meeting Date:
- 02/03/2015
- Co-Submitter:
- Elizabeth A. Burke, City Clerk
- From:
- Michelle D'Andrea, City Attorney
Information
TITLE:
Consideration and Approval of Amendments to the Rules of Procedure
RECOMMENDED ACTION:
Discuss and possibly approve the proposed changes to Rules 7.03, 9.01, 9.02, and 10.02.
Executive Summary:
During the recent Council Budget Retreat the Council discussed proposed changes to the Rules. First, the Council gave Staff direction that they would prefer to have the same rules for public speakers in the context of agendized non-public hearing items as for speakers during public hearings. This change will remove the discretion of the Chair to allow or disallow public speakers on these topics and instead require the Chair to allow public speakers.
Second, the Rules should be amended to allow removal of citizens from the meeting only for public disturbances as required by a ruling of the Ninth Circuit Court of Appeals
Third, the Rules relating to public hearings should be clarified to indicate that the public hearing opens immediately before the Staff presentation, if there is such presentation, and closes immediately after the final required vote of Council. This rule will also be amended, consistent with direction given to Staff, to allow additional public comment on a topic if the substance of the matter has been significantly changed during the hearing.
Second, the Rules should be amended to allow removal of citizens from the meeting only for public disturbances as required by a ruling of the Ninth Circuit Court of Appeals
Third, the Rules relating to public hearings should be clarified to indicate that the public hearing opens immediately before the Staff presentation, if there is such presentation, and closes immediately after the final required vote of Council. This rule will also be amended, consistent with direction given to Staff, to allow additional public comment on a topic if the substance of the matter has been significantly changed during the hearing.
Financial Impact:
None.
Connection to Council Goal and/or Regional Plan:
Improve effectiveness of notification, communication, and engagement with residents, neighborhoods and businesses and about City services, programs, policies, projects and developments
Previous Council Decision on This:
Yes. Direction was given to Staff at the recent Council Budget Retreat.
Options and Alternatives:
1) Approve the Rules of Procedure as drafted
2) Propose different language to amend the Rules of Procedure
3) Take no action
2) Propose different language to amend the Rules of Procedure
3) Take no action
Key Considerations:
The proposed amendment to Rule 9.02 would have the effect of allowing public speakers to comment once during a public hearing, which will include the first and second read of an ordinance. Public speakers would be allowed additional comments if there was a substantial change to the proposed action. Currently our practice is to allow members of the public to repeat comments even when there is no change to the proposed action between the first and second read of an ordinance, even though this is not allowed under the current Rules.