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HomeMy WebLinkAbout2011/05/10 Item 07CITY COUNCIL AGENDA STATEMENT ~`~~ CITY OF --- CHUTA VISTA 5/10/11, Item / ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A COUNCIL POLICY REGARDING THE PROCESS BY WHICH THE CITY COUNCIL MAY ADD ITEMS TO A CITY COUNCIL REGULAR MEETING AGENDA SUBMITTED BY: CITY ATTORN Y ~~~ CTI'Y CLERK %~~ 4/STHS VOTE: YES ^ NO SUMMARY At .the March 1, 2011 City Council meeting, the Council requested formal advice on the procedures by which Councilmembers may place an item of business on the City Council Agenda. The City Attorney presented the Council with a report and memorandum detailing the procedures during the April 19, 2011 meeting. At that time, the City Council provided input regarding the proposed procedures and requested that the City Attorney return with a formal City Council policy for the Council's consideration and approval. We have prepared a draft policy based on the prior memorandum and the Council's comments. The proposed policy is attached as Attachment 1 to this Agenda Statement, for the Council's consideration. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment because it does not involve a physical change to the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That the City Council adopt the Resolution. DISCUSSION In response to a City Council request the City Attomey analyzed state and local laws governing the process by which the Council may add an item to the City Council agenda, and the communication in which they may engage outside of an open City Council meeting in order to 7-1 5/10/11, Item Page 2 of 2 do so. Consistent with these laws a draft procedure was outlined and presented to the City Council for consideration on April 19`h. Consistent with City Council input a formal City Council policy has now been prepared and is attached hereto. The attached policy is substantially similar to the outline presented to the Council on the 19`h. The key changes that were made in response to the Council's comments include: (i) changing the request deadline to Thursday morning, rather than Wednesday afrernoon; (ii) requiring the City Clerk to distribute the request to the other Councilmembers by Thursday at 10:00 a.m.; (iii) changing the Council response deadline to Thursday at 2:00, rather than 12:00; and (iv) adding an affirmative statement that the Policy does not abrogate the Council's ability to call a special or emergency meeting, as they are authorized to do under state and local law. The Council also inquired as to whether an "outside the meeting" process should apply to City boards and commissions. After looking into this issue, and discussing the matter with staff, we recommend that the Policy be limited to the City Council. The more formal language in the Municipal Code for board and commission suggests that a formal vote in open session is contemplated. This is the process that has been used successfully in the past. Furthermore, the "outside the meeting" process is intended as an alternative to be used only when urgent matters arise. Past experience indicates that it is highly unlikely that a City board or commission would be faced with this situation due to the types of matters within their purview. If a true emergency of this type ever did arise, the City Manager or City Attorney could lawfully place the item on the next agenda with their independent authority. For these reasons, the proposed Policy has been drafted to apply to Councilmembers, only. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1), is not applicable to this decision. FISCAL IMPACT None. ATTACHMENTS 1. Proposed Council Policy Regarding the Process by which the City Council May Add Items to the City Council Regular Meeting Agenda 7-2 RESOLUTION NO. 2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A COUNCIL POLICY REGARDING THE PROCESS BY WHICH THE CITY COUNCIL MAY ADD ITEMS TO A CITY COUNCIL REGULAR MEETING AGENDA WHEREAS, at the March 1, 2011 City Council meeting, the Council requested formal advice on the procedures by which Councilmembers may place an item of business on the City Council Agenda; and WHEREAS, afrer review of relevant laws and consultations with the City Clerk, the City Attorney prepared a legal analysis and proposed draft procedures for City Council consideration and presented the Council with a report and memorandum at the April 19, 2011 meeting; and WHEREAS, at that time, the City Council provided input regarding the proposed procedures and requested that the City Attorney return with a formal City Council policy for the Council's consideration; and WHEREAS, the City Attorney has prepared the requested policy and presented it for City Council approval; and WHEREAS, the purpose of the proposed policy is to: (i) identify a procedure by which a Councilmember may request to add an item to a regular City Council meeting agenda, when the urgency of the matter does not allow time for consideration of the request in open session; and (ii) assist the Councilmembers in communicating about the request outside of an open meeting, in compliance with open meeting laws. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt a Council Policy regarding the process by which the City Council may add items to a City Council regular meeting agenda in the form presented, a copy of which is on file in the Office of the City Clerk. Presented by Approved as to form by ~~ len .Googins ~t Atto ney ~^ ~.. Glen R. Googins ity Attorpey 7-3 SUB.TECT: PROCESS BY WHICH THE CITY COUNCIL MAY ADD ITEMS TO A CITY PAGE COUNCIL REGULAR MEETING AGENDA 1OF2 ADOPTED BY: (Resolution No.) BACKGROUND Chula Vista Municipal Code Section 2.04.090.C.2., governs how items of business may be placed on a City Council regular meeting agenda. With respect to the City Council, a majority of the Councilmembers can direct it to be done. This can be accomplished in two ways: 1. At a City Council Meeting. Since a majority of the Council must act collectively to place an item on the agenda, the preferred method of doing so would be to take action at an open meeting. The Council can vote at a City Council meeting to place an item on the agenda for an upcoming meeting. This method ensures that the action complies with the Brown Act, and avoids any appearance of impropriety. 2. Outside of a City Council Meeting. Some items of business may be of such an urgent nature that there is not sufficient time to allow a public vote prior to its addition to an agenda. In these circumstances, the City Council members may communicate outside an open meeting for the limited purpose of determining whether a majority of the members agree to add an item to the agenda. No substantive discussions may take place. PURPOSE The purpose of this policy is to implement a procedure by which a majority of the Councilmembers may place an item on the agenda, without first having to vote on it in open session. As discussed below, an open session vote is the preferred method of placing an item on the agenda, but this alternative process may be used for urgent matters. Nothing in this Policy is intended to limit the City Council's authority to call a special meeting or emergency meeting, in accordance with state and local law. In addition, nothing in this Policy is intended to limit the application of the Brown Act and its requirements for open City Council decision-making and City Councilmember communications. POLICY A Councilmember who wants to request that an item of business be added to a regular meeting agenda may do so by two methods. The preferred method shall be submitting the request to the Council for vote during open session. If a majority of the Council votes in favor of agendizing the matter, it shall be placed on a subsequent agenda, as directed by the Council. If time does not permit this process to be followed, a Councilmember may submit the request to the Council by following the process detailed below. In following this Policy, all legislative body members shall continue to comply with the Brown Act, and shall not engage in communications regarding the substance of a matter to be agendized. The communications shall be restricted solely to whether or not an item shall be placed on an agenda. 7-4 SUBJECT: PROCESS BY WHICH THE CITY COUNCIL MAY ADD ITEMS TO A CITY PAGE COUNCIL REGULAR MEETING AGENDA 2OF2 ADOPTED BY: (Resolution No.) Procedure: 1. A Councilmember desiring to add an item of business to a City Council regular meeting agenda shall submit a "Request to Add Agenda Item" form (the "Form") to the City Clerk, the City Attorney and the City Manager by 9:00 a.m., at least five days prior to the meeting at which the item is requested to be heazd (e.g. the Thursday before a Tuesday Council meeting). (A copy of the Form is attached to the Policy, and will be available from the City Clerk; the Form may be revised as necessary by the City Clerk in conjunction with the City Attorney.) 2. The person submitting the Form shall indicate the item title, description, meeting date at which it is to be heazd, a description of the urgency associated with the item and all other information requested on the Form. 3. Upon receipt of the Form, and no later than 10:00 a.m. on the Thursday prior to the Council meeting, the City Clerk will send an e-mail to each of the five Councilmembers notifying them of the request and the item title, description and statement of urgency. 4. The Councilmembers shall respond to the City Clerk no later than 2:00 p.m. five days before the Council meeting. If a Councilmember does not respond by the 2:00 deadline, it shall be deemed a vote in opposition by that Councilmember. 5. If at least three members respond that they are agreeable to the item being agendized, the City Clerk will add it to the agenda and notify the City Attorney and City Manager that the item has been added. 6. If time permits, staff may assist with the preparation of any requisite resolutions, staff reports, or other materials for items added pursuant to this process. The documentation required to be delivered to the Council pursuant to CVMC Section 2.04.090.A.2. may not accompany these items, due to the shortened time associated with their submittal. 7-5 REQUEST TO ADD ITEM TO REGULAR CITY COUNCIL MEETING AGENDA** 1. City Council Meeting Date: 2. Type of Item: (check one) ^ Consent ^ Action ^ Discussion Only 3. Item Title: (check one) ^ City Council Action on (Fill-in Title) ^ City Council Discussion of (Fill-in Title) 4. Submitted on behalf of (check one): ^ Councilmember Councilmember Name: Description of Urgency: 5. Submitted by: 6. Date Submitted: **When Completed, submit to the City Clerk by 9:00 a.m. on the Thursday before the Council meeting at which the item is requested to be heard, in accordance with Council Policy No. J:\.AttomeyVILLM\FORMS & POLICIES~REQUEST TO ADD AGENDA ITEM.doc 7_6