CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT Meeting Date: July 17,2013

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1 CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT Meeting Date: July 17,2013 TO: Mayor & City Council Members VIA: Gus Vina, City Manager.~ FROM: Kathy Hollywood, City Clerk AlH- SUBJECT: City Council Policies and Protocol BACKGROUND: At its meeting of May 8, 2013, the City Council appointed Mayor Teresa Barh and Deputy Mayor Lisa Shaffer to a subcommittee to review and report back on City Council policies and protocols including possible changes to existing policies and creation of new policies. The purpose of the proposed changes is to ensure that the Council is able to conduct its business effectively, openly, with appropriate public input, and to organize and consolidate all policy documents for ease of access. The Subcommittee met on May 17,2013, May 30, 2013, and June 11,2013. The Subcommittee reviewed City Council Policy C003, Rules and Procedures for City Council Meeting, City Council Policy COI9, Placing Items on a City Council Agenda, City Council Policy C028, City Council Subcommittee Procedures, City Council Resolution No (A), and information from the League of California Cities and other local cities regarding teleconferencing policies, abstention votes, and public meeting protocols. At its meeting of June 19,2013, the Subcommittee presented its report and recommendations for proposed changes to existing policies as well as identified areas that should be addressed by the entire CounciL. The following actions were taken: ACTIONS TAKN ON SUBCOMMITTEE RECOMMENDATIONS: Staff 1. Staff Reports at Council meetings should be brief and high level, with more detail only if requested by CounciL.. For items pulled from the Consent agenda, staff reports wil only be given if requested by the person who pulled the item. COUNCIL CONSENSUS Last printed 7/2/13,5:42:41 PM 07/17/2013 Item #10 Page 1

2 2. Merge all policies (C003, C019) into one policy - COUNCIL CONSENSUS Agendas 3. Change the order of agenda items to consent, action items, and then non-action/informational Speakers items in order to ensure that there is time for items that require a response. Incorporate pulled consent items according to the same logic - information or action. COUNCIL CONSENSUS TO APPROVE CHANGING THE ORDER OF AGENDA ITEMS AS RECOMMENDED BUT TO KEEP THE PULLED CONSENT ITEMS POLICY AS IS 4. Limit outside presentations to 10 minutes maximum unless additional time has been requested through the City Clerk with approval by the Mayor. COUNCIL CONSENSUS 5. Create a group speaker slip to provide more time for someone representing an organized group. Individuals would have the option of signing the group slip and not speaking separately, or speaking as an individual, but not both. COUNCIL CONSENSUS TO KEEP CURRNT TIME DONATION POLICY 6. Add an option for the public to fill out a slip indicating support/oppose but do not wish to speak. Have the Clerk report on the number of slips for each position. COUNCIL CONSENSUS TO TRY ON A TRIAL BASIS Policy 7. Abstention votes are not counted in the tally although they are counted for purposes of determining a quorum. Those abstaining tacitly agree to let the majority of those voting decide the issue.. Rescind Resolution 86-08(A) (previously rescinded in 2009) COUNCIL CONSENSUS TO ADD ABSTENTION WORDING FROM RESCINDED RESOLUTION (A) AND TO INCLUDE ALLOWING FOR COUNCIL TO STATE A SHORT SENTENCE EXPLAINING THE REASON FOR ABSTAINING 8. Allow teleconferencing and establish a clear policy on how it should be done. COUNCIL CONSENSUS TO ALLOW TELECONFERENCING AS ALLOWED PER GOVERNMENT CODE 9. Designate a Parliamentarian other than the Chair who would pro-actively intervene on matters of procedure using established Council Policy and Roberts Rules of Order as a guide. COUNCIL CONSENSUS TO DESIGNATE CITY ATTORNEY AS PARLIAMENTARIAN AND TO DISCUSS PROCEDURES DURING THE CITY ATTORNEY EVALUATION PROCESS 10. Define the role of the Mayor/Chair COUNCIL CONSENSUS TO ADD THIS ITEM TO A FUTURE AGENDA FOR DISCUSSION Last printed 7/2/13,5:42:41 PM 07/17/2013 Item #10 Page 2

3 1 I. Council/Community Communication Guidelines. Approve Council/Community Communication Guidelines - COUNCIL CONSENSUS. Post in Council Chambers - COUNCIL CONSENSUS. Include in agenda - COUNCIL CONSENSUS ACTIONS TAKEN BY COUNCIL ON SUBCOMMTTEE QUESTIONS FOR DISCUSSION: 1. Should there be speaking time limits for Council Members (and if so, how long, and how firm)? NO ACTION TAKEN 2. How important is the 10:00 p.m. cut off time for Council meetings? Should the ending time be changed to 11 :00 p.m.? Should 11 :00 be the absolute end time as established by Resolution COUNCIL CONSENSUS TO KEEP POLICY AS IS WITH THE REMOVAL OF THE 11:00 P.M. ABSOLUTE END TIME 3. Where on the agenda should we place outside presentations? Should they be grouped into one meeting per month where feasible? COUNCIL CONSENSUS TO KEEP POLICY AS IS 4. How much time should a group speaker get on an agenda item? COUNCIL CONSENSUS TO LIMIT OUTSIDE PRESENTATIONS TO 10 MINUTES MAXIMUM UNLESS ADDITIONAL TIME HAS BEEN REQUESTED THROUGH THE CITY CLERK WITH APPROVAL BY THE MAYOR 5. Should we continue to allow time donations for individuals speaking on an agenda items? If so, how much? COUNCIL CONSENSUS TO KEEP CURRNT TIME DONATION POLICY 6. Should the same rules of procedure apply for meetings of the San Dieguito Water District, Encinitas Finance Authority, Encinitas Housing Authority as well as commissions and committees? COUNCIL CONSENSUS TO HAVE ALL COMMISSIONS AND COMMITTEES BE CONSISTENT WITH COUNCIL POLICIES AND PROTOCOLS 7. Should the City Attorney serve as the Parliamentarian? Ifnot, then who? COUNCIL CONSENSUS TO DESIGNATE CITY ATTORNEY AS PARLIAMENTARIAN AND TO DISCUSS PROCEDURES DURING CITY ATTORNEY EVALUATION PROCESS Council Policy C028 COUNCIL CONSENSUS TO AMEND PROPOSED CHANGES AS FOLLOWS: SECOND BULLET ITEM TO READ: "Members of ad hoc subcommittees may consult with staff and others as they deem appropriate." THIRD BULLET ITEM TO READ: "Subcommittee meetings should be conducted as public meetings with notice posted through the City's normal posting process, unless there is a compelling reason why the meeting needs to be closed. Members of the public may speak to the subcommittee agenda items before the subcommittee discussion, and may be given additional opportunity to comment at the discretion of Last printed 7/2/13,5:42:41 PM 07/17/2013 Item #10 Page 3

4 the subcommittee members. Subcommittee deliberations take place between the council members who are on the subcommittee and City staff. All meetings wil be audio recorded." Minutes COUNCIL CONSENSUS FOR THE CITY CLERK TO ADD A ONE SENTENCE STATEMENT AS TO WHY AN ITEM WAS REMOVED FROM THE CONSENT CALENDAR. Closed Session Agenda COUNCIL CONSENSUS TO ADD A BRIEF STATEMENT TO CLOSED SESSION AGENDAS AS TO THE NATURE OF THE CASE DISCUSSION: Per Council discussion and consensus, Policies C003 and CO 1 9 have been combined into one policy and all polices have been updated to include redlines representing changes recommended by the subcommittee that were not addressed at the June 19,2013, meeting and highlighted areas reflecting Council consensus items. Council concurred with subcommittee recommendations for Policy C028 with the two changes noted above. Resolution is provided to reflect the removal of the 11 :00 p.m. absolute end time and a sample draft revised agenda has been provided for council review and direction. Council Member Kranz requested that an item be placed on the agenda similar to the City of La Mesa entitled "Council Initiated Items". Under this agenda description, any Council Member may place a discussion item on the agenda for Council consideration, potential action, and/or direction. Under La Mesa's rules, no staff time may be used for the item; however, Council Members are required to provide a brief written explanation. Also, La Mesa's policy for this item requires that Council Members submit their Council initiated items to the City Clerk no later than Wednesday, 12:00 noon, prior to the Tuesday Council Meeting ofthe next week. --_.._~ FISCAL AND STAFF IMPACTS: There is no immediate fiscal impact for review of the policies. RECOMMENDATION: Discuss the policies, provide direction to staff to revise, and/or approve Policies C003 and C028; 2) rescind Policy C019; 3) adopt Resolution rescinding Resolution and reestablishing meeting times; and 4) approve the revised agenda format. ATTACHMENTS: A. City Council Policy C003, Policies and Protocols for City Council meetings - Redline B. City Council Policy C003, Rules of Procedure for City Council meetings - Current C. City Council Policy C019, Placing Items on a City Council Agenda - Current D. City Council Policy C028, City Council Subcommittee Procedures - Redline E. City Council Policy C028, City Council Subcommittee Procedures - Current F. City Council Resolution G. City Council Resolution H Sample Revised City Agenda Last printed 7/2/13,5:42:41 PM 07/17/2013 Item #10 Page 4

5 CITY OF ENCINITAS ADMINISTRATIVE MANUAL Policy Title: Policies & Protocols for City Council Meetings. Responsible Department: City Manager s Office Section: City Council Number: C003 Approved By: City Council Date Approved: 08/26/09 Revised: 03/2012 I. Placing Items on a City Council Agenda To establish the procedures by which items are added to the City Council agenda when requested by Council Members, staff or the public. A. To Add Item during a Meeting to that Meeting s Agenda To add an item to a meeting in progress, the Brown Act requires 4/5ths of the City Council (or three if there are only three present) to find that the item came to the City s attention during the previous 72 hours and there is a need to take action before the City Council s next meeting. B. To Add an Item during a Meeting to a Future Agenda 1. The Chair gives an express, oral direction to the City Manager, with the support of the majority of the Council. 2. At the request of a Council Member, the Chair, with support of the majority of the City Council, gives an express, oral direction to the City Manager. 3. At the request of a Council Member, with the support of a second Council Member, an item will be placed on a future agenda. 4. Requests from members of the audience, after being authorized to speak, may be considered under the Future Agenda Items Added by Council section of the agenda at the initiation of a Council Member with the support of a second Council member. 5. If a Council Member disagrees with the Chair s direction to the City Manager, the Council Member can make a motion to vote on the 1 P a g e 07/17/2013 Item #10 Page 5

6 addition. The vote is without City Council discussion of the merits of the item or the basis of the request. 6. The Chair may, with support of the majority of the City Council, refer items to a Commission or Subcommittee for further review. C. Process for Developing Agendas 1. The City Manager is authorized to place items on agendas that are generated by city administrative requirements, laws, or City ordinances, for example: - warrants - contract awards - appeals - adoption of ordinances - permit applications issued by Council. 2. The City Manager shall review with the Mayor, or the Deputy Mayor in the absence of the Mayor, a schedule of future agenda items. 3. The Mayor, as the person responsible for controlling City Council meetings, can add or delete matters from the upcoming agenda listing. 4. A Council Member or member of the public that disagrees with the Mayor s decision to add or delete an item from a future agenda can submit a written request to the City Clerk that the issue be placed on a future agenda under the heading: Requests for Future Consideration by the City Council. At the future meeting, the City Council will discuss and take action only on whether to place the matter on a future agenda and not the substance of the matter. D. List of Pending Agenda Items 1. The City Manager will maintain a list of pending agenda items that have been requested and agreed to, but have not yet been scheduled. 2. The list will be included as an attachment to the Council agenda with the City Manager s best estimate of when the item is likely to come before the Council. II. Council Meetings It is the intent of the City Council that rules be established for the management of Council meetings to ensure compliance with relevant laws and to conduct the public s business in an open, transparent, and efficient manner. The Council strives to ensure that business requiring Council deliberation and action is given priority in the planning and conduct of Council 2 P a g e 07/17/2013 Item #10 Page 6

7 meetings, and that the public has the opportunity to make comments and provide input on any item of interest. A. Council Members Rules of Procedure 1. Procedural Rules: All meetings of the City Council shall be conducted in an orderly manner designed to expedite the business of the City Council. Robert s Rules of Order, as applicable, will be used as a guide to resolve questions of parliamentary procedures. The City Attorney shall serve as the Parliamentarian. 2. Consent Calendar: Those matters which are considered routine by the City Manager shall be initially placed on the consent calendar. Before adopting the consent calendar, the Chair will ask members of the public and members of the City Council whether anyone wishes to add an agenda item to the consent calendar or to move a matter from the consent calendar to the regular agenda. Council will then proceed with consideration of the remaining Consent Calendar. The consent calendar will be enacted upon with one motion, and the ordinances being read by title will be waived. There will be no separate discussion of these matters. Items pulled from the consent calendar will be considered immediately following adoption of the remaining consent calendar, and staff reports will only be given if requested by the person who pulled the item. 3. Action of City Council: the City Council shall act by motion, motion to adopt resolution or motion to adopt ordinance, or may give direction by consensus. 4. Rules of Debate: Debate upon all matters pending before the City Council shall be under the direct supervision of the Chair and conducted in such a manner as to expedite the business of the City Council, subject to the procedural rules of the City Council and Robert s Rules of Order. 5. Communications from outside meetings: A City Council member shall make known to the City Council, during a public hearing, comments received (oral or written) outside the public hearing on matters pending before the City Council. This section moved to Public Hearings. 65. The use of electronic communication devices for communication by Council Members at the dais during City Council meetings is prohibited (e.g. mobile phones, smart phones, tablets for ing, text messaging, etc.) by Council members is prohibited at the dais during City Council meetings. The limitation shall not apply to 3 P a g e 07/17/2013 Item #10 Page 7

8 receipt of electronic communications in the event of an urgent family or personal matter. If, in the opinion of the Chair, a Council Member s use of an electronic device is disruptive to Council deliberations or disrespectful to the public, the Chair may request that the Council Member cease his or her use of such device. 76. Remarks by Council Members: Every Council Member desiring to speak shall so indicate using the request to speak button on the display screen or otherwise address the Chair. Upon recognition by the Chair, the Council Member shall confine remarks to the question item under consideration, avoiding remarks regarding the personalities involved and avoiding indecorous language. A Council member, once recognized, shall not be interrupted when speaking unless it is to call him/her to order. If a Council members while speaking is called to order, the Council members shall cease speaking until the question of order is determined. No Council members shall make a statement representing the City s position or policy unless supported by a motion or resolution of the City Council. 7. Abstention Votes: Unless a member of the City Council audibly votes in the negative, silence shall be recorded as an affirmative vote. An abstention shall be recorded as a vote with the majority. The Council Member abstaining may state a short sentence explaining the reason for abstaining and this sentence shall be included in the minutes. (This assumes that the abstentions are not due to a conflict of interest. In a conflict of interest, the conflicted Member leaves the room and is considered absent for purposes of both a quorum and a vote.) 8. Teleconferencing: Teleconferencing shall be allowed as per Government Code. B. Citizen Participation in Council Meetings Oral Communications 1. At each regular City Council meeting 15 minutes up to 30 minutes shall be reserved for Oral Communications. 2. The purpose of oral communications is to bring to the attention of the Council a matter or matters which do not appear on the agenda. Remarks shall be addressed to City Council as a body and not to any member of the City Council, staff or the public. State law prohibits Council action on non-agenda items because the public would be unaware prior to the meeting of any potential action. If needed, Oral Communication items will be referred to the City Manager either for resolution by administrative action or placement on a future agenda by the Chair or at the request of at least two Council Members. 4 P a g e 07/17/2013 Item #10 Page 8

9 3. White speaker s slips will be available at the back of the Council Chambers to be filled out indicating a person s wish to address the Council under the agenda title Oral Communications and the subject on which the person wishes to speak. The slips will be accepted by the City Clerk in the Council Chambers no earlier than 30 minutes before the start of the meeting. All oral communications speaker slips must be received by the Clerk by the start of oral communications. 4. The City Clerk will review the slips. The Clerk will inform the Chair of the number of slips on different subjects and of the total number of slips. The Chair will then determine the time to be allowed per speaker, not to exceed three minutes, so as not to exceed the 15 minutes allotted at the beginning of Oral Communications. If the number of speakers, at three minutes each, exceeds the 30 minute allotted time for Oral Communications, the Chair, in consultation with the Council, will determine the time allotted per speaker, extension of Oral Communications time, or continuation of remaining speakers to the end of the meeting. Any speaker who, because of the 15 minute time limitation, are not heard in the initial Oral Communications period may wait and be heard at the end of the agenda. A motion to extend the initial Oral Communications period may be made after the Chair makes the determination. 5. Donations of time from one speaker to another will not be permitted in Oral Communications. 6. Only the Chair shall respond to a speaker during Oral Communications. Discussion is not allowed under law. If a Council Member has a valid question to clarify the issue, the question will be directed through the Chair. C. Public Comment on Agenda Items 1. The public is allowed to comment on items which appear on the agenda. 2. Speaker slips will be available in the Council Chambers to be submitted by persons wishing to speak on an agenda item. The normal time allowed for a person to speak will be three minutes. Donation of time from one person to another will be permitted with up to two time donations for a maximum of 9 minutes, when speaking. The donor must be present. The Chair shall have the authority, with Council consensus, to reduce equally each speaker s time to accommodate a larger number of speakers, or to limit the total speakers time on an agenda item. 5 P a g e 07/17/2013 Item #10 Page 9

10 3. Speaker slips for agenda items will be accepted by the City Clerk in the Council Chambers from approximately no earlier than one-half hour before the meeting and up until the public testimony on the item is finished. Included on the speaker slip shall be the option for an individual to register support or opposition but do not wish to speak (individual must be present). 4. Remarks shall be addressed to City Council as a body and not to any member of the City Council, staff or the public. No person shall enter into a discussion without the permission of the Chair. No questions shall be asked of a City Council member or staff member except through the Chair. The Chair may limit interaction between Council Members and public speakers to questions of clarification. 5. If there is a group representing a common position, designation of a spokesperson is encouraged. The Chair may allot a fixed amount of time for presentations of this nature. Commonly 10 minutes. 6. Outside presentations shall be limited to 10 minutes maximum unless additional time has been requested through the City Clerk with approval by the Mayor. D. Public Hearings 1. Public Hearings are occasions specifically for the purpose of obtaining public input. 2. Speaker slips will be available in the back of the Council Chambers to be submitted by persons wishing to speak at a public hearing. 3. Speaker slips will be accepted by the City Clerk in the Council Chambers no from approximately no earlier than one-half hour before the meeting and up until the public testimony on the item is finished. 4. The normal time allowed for a person to speak in a public hearing will be three minutes. The Chair shall have the authority, with Council consensus, to reduce equally each speaker s time to accommodate a larger number of speakers, or to limit the total speakers time in a public hearing. 5. Donation of time from one person to another will be permitted with up to two time donations for a maximum of 9 minutes, when speaking in a public hearing. The donor must be present. 6 P a g e 07/17/2013 Item #10 Page 10

11 6. If there is a group representing a common position, designation of a spokesperson is encouraged. The Chair may allot a fixed amount of time for presentations of this nature. Commonly 10 minutes. E. Public Hearings on Appeals 1. Participation in Public Hearings on appeals is limited to appellant/application initial objectors, initial supporters and persons whose interests may be affected by the outcome of the hearing. Common practice is allowing speaking time of 10 minutes for both applicant and appellant with 5 minutes each for rebuttals. Note: Please see Municipal Code Section A on the time constraints for submitting material relating to Public Hearings on Appeals. F. Written Communications 1. Per Government Code Section , any agenda related writings received by a majority of the City Council within 72 hours before a regular meeting, must be distributed to all Council Members and a copy placed in the designated binder in the City s lobby. However, it is the City s practice to distribute all written correspondence received by any one Council Member to all Council Members and correspondence pertaining to an agenda item, is also placed in a binder in the lobby. 2. Written communications may also be presented to the City Clerk at City Council meetings, as part of the record of the meeting and for distribution to the City Council. G. Minutes 1. The City Clerk is instructed to prepare action minutes for each Council meeting. The City Clerk shall add a brief description /topic for oral communication speakers, add any staff direction to the minutes that was a result of oral communication requests, add a one sentence statement as to why an item was removed from the Consent Calendar, and note whether the speaker was speaking in favor or opposition to agendized items. 2. A City Council Member has the right to have entered into the minutes a brief sentence of the Council Member s reasons for dissenting from or protesting against an action of the City Council. 7 P a g e 07/17/2013 Item #10 Page 11

12 H. General Meeting Rules The City Council is pleased to have people attend Council Meetings to participate in their local government. The following rules are established in order to insure an orderly meeting where all can exercise their rights of free speech: 1. No smoking. 2. No alcohol. 3. Signs limited to 8-1/2 X 11 or smaller flexible paper without rigid support (due to safety concerns). 4. To assure that every speaker is listened to in a respectful manner, cheering, shouting or disruptive behavior shall not be tolerated. The Chair may direct appropriate remedial action if necessary. 5. In the interests of saving time, Council requests that the audience refrain from clapping for speakers. 6. No pets are allowed in Council Chambers. Service animals are permitted. I. Communication Guidelines Council Communication Guidelines Articulate own perspective with respect Focus on making informed decisions Stay on topic-current agenda item Ask questions for clarification-clarify the facts Acknowledge legitimate disagreement Respect the majority opinion Be courteous, professional and respectful Community Communication Guidelines Welcome to our Council meeting. When addressing the Council, please: Address the Council as a body, not individuals Clarify your goal/purpose at the outset Respect the three-minute time limit-stop at the buzzer Council may ask questions for clarification No dialogue with Council during oral communications Be courteous, professional and respectful 8 P a g e 07/17/2013 Item #10 Page 12

13 J. Applications of Rules to Boards, Commissions, and Committees For consistency of meeting procedures and protocol, these rules shall apply to all boards, commissions, and committees of the City of Encinitas. 9 P a g e 07/17/2013 Item #10 Page 13

14 CITY OF ENCINITAS ADMINISTRATIVE MANUAL Policy Title: Rules of Procedure for City Council meetings. Section: City Council Responsible Department: City Manager's Offce Number: C003!. Approved By: City Council Date Approved: 08/26/09 Revised: 03/2012 i. Philosophy It is the intent of the City Council that rules be established for the management of Council meetings. A. Council members' rules of procedure: 1. Procedural Rules: All meetings of the City Council shall be conducted in an orderly manner designed to expedite the business of the City Council. Robert's Rules of Order, as applicable, wil be used as a guide to resolve questions of parliamentary procedures. 2. Consent Calendar: Those matters which are considered routine by the City Manager shall be initially placed on the consent calendar. Before adopting the consent calendar, the Chair wil ask members of the public and members of the City Council whether anyone wishes to add an agenda item to the consent calendar or to move a matter from the consent calendar to the regular agenda. The consent calendar wil be enacted upon with one motion, and the ordinances being read by title wil be waived. There wil be no separate discussion of these matters. 3. Action of City Council: the City Council shall act by motion, motion to adopt resolution or motion to adopt ordinance. Upon a motion being made and seconded, discussion on the item wil be initiated by the Chair soliciting comments from each Council Member, in turn. The City Council may determine to conduct a debate on the matter. At the conclusion of a discí:ti;jion, the Chair may direct the City Clerk to reread the motion. The Chair wm then call for the vote. 07/17/2013 Item #10 Page 14

15 .. i~._j-: 4. Rules of Debate: Debate upon all matters pending before the City Council shall be under the direct supervision of the Chair and conducted in such a manner as to expedite the business of the City Council, subject to the procedural rules of the City Council and Robert's Rules of Order. 5. Communications from outside meetings: A City Council member shall make known to the City Council, during a public hearing, comments received (oral or written) outside the public hearing on matters pending before the City CounciL. 6. The use of electronic communication devices (e.g. mobile phones, smart phones, tablets for. ng, text messaging, etc.) by Council members is prohibited at the dais during City Council meetings. The limitation shall not apply to receipt of electronic communications in the event of an urgent family or personal matter. 7. Remarks by Council Members: Every Council member desiring to speak shall address the Chair. Upon recognition by the Chair, the Council member shall confine remarks to the question under consideration, avoiding remarks regarding the personalities involved and avoiding indecorous language. A Council member, once recognized, shall not be interrupted when speaking unless it be to call him/her to order. If a Council members while speaking is called to order, the Council members shall cease speaking unti the question of order is determined. No Council members shall make a statement representing the City's position or policy unless supported by a motion or resolution of the City Council. B. Citizen Participation in Council Meetings. Oral Communications 1. At each regular City Council me~ting 15 minutes shall be reserved for Oral Communications. 2. The purpose of oral communications is to bring to the attention of the Council a matter or matters which do not appear on the agenda. State law prohibits Council action on non-agenda items because the public would be unaware prior to the meeting of any potential action. If needed, Oral Communication items wil be referred to the City Manager either for resolution by administrative action or placement on a future agenda. 3. White speaker's slips wil be available at the back of the Council Chambers to be filled out indicating a person's wish to address the Council under the agenda tite "Oral Communications", and the subject on which the person wishes to speak. The slips wil be accepted by the City Clerl( in the Council Chambers..~.. j, 07/17/2013 Item #10 Page 15

16 4. The City Clerk wil review the slips. The Clerk wil inform the Chair of the number of slips on different subjects and of the total number of slips. The Chair wil then determine the time to be allowed per speaker, not to exceed three minutes, so as not to exceed the 15 minutes allotted at th.e beginning of Oral Communications. Any speakers who, because of the 15 minute time limitation, are not heard in the initial Oral Communications period may wait and be heard at the end of the agenda. A motion to extend the initial Oral Communications period may be made after the Chair makes the determination. 5. Donations of time from one speaker to another wil not be permitted in Oral Communications. 6. Only the Chair shall respond to a speaker during Oral Communications. Discussion is not allowed under law. If a Council Member has a valid question to clarify the issue, the question wil be directed through the Chair. C. Public Comment on Agenda Items 1. The public is allowed to comment on items which appear on the agenda. 2. Speaker slips wil be available in the Council Chambers to be submitted by persons wishing to speak on an agenda item. The normal time allowed for a person to speak wil be three minutes. Donation of time from one person to another wil be permitted with up to two time donations for a maximum of 9 minutes, when speaking. The donor must be present. The Chair shall have the authority, with Council consensus, to reduce equally each speaker's time to accommodate a larger number of speakers, or to limit the total speakers' time on an agenda item. 3. Speaker slips for agenda items wil be accepted by the City Clerk in the Council Chambers from approximately one-half hour before the meeting and up unti the public testimony on the item is finished. 4. Remarks shall be addressed to City Council as a body and not to any member of the City Council, staff or the public. No person shall enter into a discussion without the permission of the Chair. No questions shall be asked of a City Council member or staff member except through tile Chair. 5. If there is a group representing a common position, designation of a spokesperson is encouraged. The Chair may allot a fixed amount of time for presentations of D. Public Hearings this nature. Commonly 10 minutes. 1. Public Hearings are occasions specifically for the purpose of obtaining public input. 07/17/2013 Item #10 Page 16 ~~.

17 2. Speaker slips wil be available in the back of the Council Chambers to be submitted by persons wishing to speak at a public hearing. 3. Speaker slips wil be accepted by the City Clerk in the Council Chambers from approximately one-half hour before the meeting and up until the public testimony on the item is finished. 4. The normal time allowed for a person to speak in a public hearing wil be three minutes. The Chair shall have the authority, with Council consensus, to reduce equally each speaker's time to accommoåate a larger number of speakers, or to limit the total speakers' time in a public hearip-t:. 5. Donation of time from one person to another wil be permitted with up to two time donations for a maximum of 9 minutes, when speaking in a public hearing. The donor must be present. 6. If there is a group representing a common position, designation of a spokesperson is encouraged. The Chair may allot a fixed amount of time for presentations of E. Public Hearings on Appeals this nature. Commonly 10 minutes. 1. Participation in Public Hearings on appeals is limited to appellant/application initial objectors, initial supporters and persons whose interests may be affected by the outcome of the hearing. Common practice is allowing speaking time of 10 minutes for both applicant and appellant with 5 mimiles each for rebuttals. -~L. Note: Please see Municipal Code Section A on the time constraints for submitting material relating to Public Hearings on Appeals. F. Written Communications 1. Per Government Code Section , any agenda related writings received by a majority of the City Council within 72 hours before a regular meeting, must be distributed to all Council Members and a copy placed in the designated binder in the City's lobby. However, it is the City's practice to distribute all written correspondence received by anyone Council Member to all Council Members and correspondence is also placed in a binder in the lobby. 2. Written communications may also be presented to the City Clerk at City Council meetings, as part of the record o'~che meeting and for distribution to the City Council. 07/17/2013 Item #10 Page 17

18 G. Minutes: t The City Clerk is instructed to prepare action minutes for each Council meeting. H. General Meeting Rules The City Council is pleased to have people attend Council Meetings to participate in their local government. The following rules are established in order to insure an orderly meeting where all can exercise their rights of free speech: 1. No smoking. 2. No alcohol. 3. Signs limited to 8-1/2" X 11" or smaller flexible paper without rigid support (due to safety concerns). 4. To assure that every speaker is listened to in a respectful manner, cheering, shouting or disruptive behavior shall not be tolerated. The Chair may direct appropriate remedial action if necessary. 5. In the interests of saving time, Council requests that the audience refrain from clapping for speakers. 6. No pets are allowed in Council Chambers. Service animals are permitted. "", 07/17/2013 Item #10 Page 18

19 CITY OF ENCINITAS CITY COUNCIL POLICY Policy Title: Placing Items on a City Council Agenda Section: City Council Responsible Department: City Manager's Offce Number: C019 Approved By: City Council Date Approved: 08/26/09 Revised 3/16/11 I. Philosophy To establish the procedures by which items are added to the City Council agenda when requested by Council Members, staff or the public. II. Method A. To add item during a meeting to that meeting's agenda: To add an item to a meeting in progress, the Brown Act requires 4/5ths of the City Council (or three if there are only three present) to find that the item came to the City's attention during the previous 72 hours and there is a need to take action before the City Council's next meeting. B. To add an item during a meeting to a future agenda: 1. The Chair gives an express, oral direction to the City Manager, with the support ofthe majority the Council. 2. At the request of a Council Member, the Chair, with support of the majority of the City Council, gives an express, oral direction to the City Manager. 3. At the request of a Council Member, with the support of a second Council Member, an item wil be placed on a future agenda. 4. Requests from members of the audience, after being authorized to speak, may be considered under the "Future Agenda Items Added by Council" section of the agenda at the initiation of a Council Member with the support of a second Council member. 5. If a Council Member disagrees with the Chair's direction to the City Manager, the Council Member can make a motion to vote on the addition. The vote is without City Council discussion of the merits of the item or the basis of the request. 07/17/2013 Item #10 Page 19

20 6. The Chair may, with support of the majority of the City Council! refer items to a Commission or Subcommittee for further review. C. Process for developing agendas: 1. The City Manager is authorized to place items on agendas that are generated by city administrative requirements, laws, or City ordinances, for example: warrants contract awards appeals adoption of ordinances permit applications issued by Council. 2. The City Manager shall review with the Mayor, or the Deputy Mayor in the absence ofthe Mayor, a schedule of future agenda items. 3. The Mayor, as the person responsible for controllng City Council meetings, can add or delete matters from the upcoming agenda listing. 4. A Council Member or member of the public that disagrees with the Mayor's decision to add or delete an item from a future agenda can submit a written request to the City Clerk that the issue be placed on a future agenda under the heading: "Requests For Future Consideration by the City CounciL." At the future meeting, the City Council wil discuss and take action only on whether to place the matter on a future agenda and not the substanee of the matter. 07/17/2013 Item #10 Page 20

21 CITY OF ENCINITAS ADMINISTRATIVE MANUAL Policy Title: City Council Subcommittee Procedures Section: Council Policy Responsible Department: City Manager/City Clerk Number: C028 Approved By: City Council Originally Approved: 6/27/ SCOPE AND GOALS Last Amended: The Mayor and/or City Council periodically create ad hoc subcommittees, composed of less than a quorum of members of the City Council for a limited time and purpose, to assist with paricular matters. The purpose of this policy is to establish guidelines for ad hoc subcommttee members. 2.0 STATEMENT OF POLICY The following policy guidelines are established for Council ad hoc subcommttee members:. Ad hoc subcommttees are created to allow more in-depth consideration of complex Council issues, in order to prepare proposals for consideration by the full CounciL. Subcommttee meetings are working meetings for the Council members and staff.. Members of ad hoc subcommttees may consult with staff and others as they deem ~p'plqpriatl Subcommittee meetings should be conducted as public meetings with notice posted through the City's normal posting process, unless there is a compellng reason why the meeting needs to be closed. Members of the public may speak to the ~ubcommttee agenda items before the subcommttee discussion and may be gived additional oppoitunity to comment at the discretion of the subcommittee membersl Subcommttee deliberations take place between the Council members who are oj ihe subcommttee and City staffr All meetings wil be audio recorded... Members of the ad hoc committee are requested to sign off on any agenda report produced from work of the subcommttee. 07/17/2013 Item #10 Page 21

22 CITY OF ENCINITAS ADMINISTRA TlVE MANUAL Policy Title: City Council Subcommittee Procedures Section: Council Policy Responsible Department: Number: C028 Approved By: City Council Originally Approved: 6/27/ SCOPE AND GOALS Last Amended: The Mayor and/or City Council periodically create ad hoc subcommittees, composed of less than a quorum of members of the City Council for a limited time and purpose, to assist with particular matters. The purpose of this policy is to establish guidelines for ad hoc subcommittee members. 2.0 STATEMENT OF POLICY The following policy guidelines are established for Council ad hoc subcommittee members: o Ad hoc committees are to discuss items as directed by CounciL. o Subject matter discussions with staff shall occur only in the ad-hoc committee meetings. o Members of the ad hoc committee are requested to sign off on any agenda report produced from work of the subcommittee. 07/17/2013 Item #10 Page 22

23 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, RESCINDING RESOLUTION AND REESTABLISHING MEETING TIMES FOR REGULAR CITY COUNCIL MEETINGS WHEREAS, Government Code Section 54954(a) requires that legislative bodies set a time and location of regular meetings by ordinance, resolution or by-laws; WHEREAS, Encinitas Municipal Code Section provides for Regular City Council Meetings to begin at 6:00 p.m. WHEREAS, on October 27, 1999, City Council adopted Resolution setting the Regular City Council Meeting time to begin at 6:00 p.m. and conclude by 10:00 p.m. and if the majority of the Council votes in favor of a motion and second to extend the meeting beyond 10:00 p.m., this extension may only be made until 11:00 p.m. at which time the Council meeting wil be adjourned; alld WHEREAS, on June 19, 2013, City Council directed staff to bring back a resolution to eliminate the wording "this extension may only be made unti 11:00 p.m. at which time the Council meeting wil be adjourned". that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Encinitas, California, 1. Resolution is hereby rescinded in its entirety. 2. All Council meetings wil begin at 6:00 p.m. and conclude by 10:00 p.m. unless the majority of the Council votes in favor of a motion and second to extend the meeting beyond 10:00 p.m. PASSED, APPROVED AND ADOPTED this 17th day of July AYES: NAYS: ABSTAIN: ABSENT: ATTEST: Teresa Arballo Barth, Mayor City of Encinitas Kathy Hollywood, City Clerk 07/17/2013 Item #10 Page 23

24 . \;r RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS ESTABLISHING MEETING TIMES FOR REGULAR CITY COUNCIL MEETINGS :l ~ "f (~ Ù ~:~: ~'. ~i; J~~ WHEREAS, the Government Code Section 54954(a) requires that legislative bodies set a time and location of regular meetings by ordinance; resolution or by-laws; and WHEREAS, on October 20, 1999, City Council instructed Staff to amend, by resolution, the Regular City Council Meeting times to begin at 6:00 P.M. and conclude by 10:00 P.M.; and WHEREAS, if the majority of the Council votes in favor of a motion and second to extend the meeting beyond 10:00 P.M., this extension may only be made until which time the Council meeting wil be adjourned. 11:00 P.M. at! t~ ~ V,. : '.~. ;;) ii'. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of. Encinitas, California, that all Council meetings wil begin at 6:00 P.M. and adjourn at 10:00 P.M. wit: PASSED AND ADOPTED, on this day, October 27, 1999, with the following vote to AYES: NAYS: ABSTAIN: ABSENT: Bond, None None None ATTEST: ~l!o~"_l eborah Cervone, City Clerk Cameron, DuVivier, Guerin, Holz ~ll~,~ Sheila Cameron, Mayor, :,~ l.. RM, /3...' /17/2013 Item #10 Page 24

25 CITY COUNCIL REGULAR MEETING AGENDA JANUARY 9,2013 6:00 P.M. CITY COUNCIL CHAMBERS, 505 S. VULCAN AVENUE, ENCINITAS, CA 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS AND PROCLAMATIONS 5. ORAL COMMUNICATIONS I POSSIBLE DIRECTION TO STAFF (30 MINUTES) Maximum of three minutes per speaker - no time donations. If at least two Council members agree, direction may be given to staff to put an item on a future agenda or provide additional information to answer a question. 6. REPORT FROM CLOSED SESSION (IF HELD) 7. CHANGES TO THE AGENDA Announcements of administrative changes to the agenda, in compliance with the Brown Act. 8. CONSENT CALENDAR The recommendations on the following Consent Calendar will be enacted in one motion unless an item is removed from the Calendar. Any member of the public may remove an item by submitting a request to speak card to the City Clerk. Items removed from the Consent Calendar by a Council Member or the public will be considered immediately following the Consent Calendar. a. Approval of the Minutes of the 12/19/12 Regular Meeting. Contact Person: City Clerk Hollywood Recommended Action: Approve the Minutes. b. Approval of the Warrants List. Contact Person: Finance Manager Lundgren Recommended Action: Approve the Warrants List. 1 07/17/2013 Item #10 Page 25

26 Regular Meeting Agenda January 9, ITEMS REMOVED FROM THE CONSENT CALENDAR Staff reports will be given only if requested by the person who pulled the item. A member. of the public may speak for up to three minutes with a maximum of two time donations for a total of nine minutes (individuals donating time must be present). 10. ACTION ITEMS A member of the public may speak for up to three minutes with a maximum of two time donations for a total of nine minutes (individuals donating time must be present). a. Approval of Contract with the XYZ Corporation. Contact Person: City Clerk Hollywood Recommended Action: Approve the contract with XYZ Corporation. 11. INFORMATIONAL ITEMS A member of the public may speak for up to three minutes with a maximum of two time donations for a total of nine minutes (individuals donating time must be present). a. Report regarding XYZ Program. Contact Person: City Clerk Hollywood Recommended Action: Receive report. 12. FUTURE AGENDA ITEMS ADDED BY COUNCIL MEMBERS 13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC (d) I POSSIBLE DIRECTION TO STAFF 14. CITY MANAGER REPORTS 15. CITY ATTORNEY REPORTS 16. ADJOURNMENT CERTIFICATION I, Kathy Hollywood, City Clerk of the City of Encinitas, California, hereby certify that the foregoing agenda was posted on the City of Encinitas web site, and on the City Hall outside bulletin board located at 505 South Vulcan Avenue, Encinitas, California, on, 72 hours before this regular meeting. Kathy Hollywood, City Clerk THE NEXT CITY COUNCIL MEETING WILL BE HELD ON JANUARY 23, /17/2013 Item #10 Page 26