Loading...
HomeMy WebLinkAboutReso 2011-084RESOLUTION NO. 2011-084 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, after review of relevant laws and consultations with the City Clerk, the City Attorney prepazed 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 regulaz 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 and Approved as to form by /~--, ~ en R. ogins C~ Atto ey Resolution No. 2011-084 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Califomia, this 10th day of May 2011 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA i / l ~ („e,, Cheryl Cox, ay r I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2011-084 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 10th day of May 2011. Executed this 10th day of May 2011. Donna R. Norris, CMC, City Clerk Resolution No. 2011-084 Page 3 COUNCIL POLICY CTTY OF CHULA VISTA SUBJECT: PROCESS BY WHICH THE CITY POLICY EFFECTIVE COLIVCIL MAY ADD ITEMS TO A NUMBER DATE PAGE CITY COUNCIL REGULAR 111-04 OS/~0/2011 1 OF 2 MEETING AGENDA ADOPTED BY: ResolutionNo.:2011-084 DATED: OS/1!QVll AMENDED BY: Resolution No. (date of resolution) BACKGROUND Chula Vista Municipal Code Section 2.04.090.C.2., governs how items of business may be placed on a City Council regulaz 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 above, an open session vote is the preferred method of placing an item on the agenda, but this alternative process may be used fox 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 regulaz 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 regazding 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. Resolution No. 2011-084 Pag COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: PROCESS BY WHICH THE CITY POLICY EFFECTIVE COUNCIL MAY ADD ITEMS TO A NUMBER DATE PAGE CITY COUNCIL REGULAR lil-04 OS/;~f12011 2 OF 2 MEETING AGENDA ADOPTED BY: ResolutionNo.:2011-084 DATED: OS/~0/11 AMENDED BY: Resolution No. (date of resolution) Procedure: 1. A Councihnember 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 nn larer rhan 9•nn a m fve days prior to the meeting at which the item is requested to be heard (the Thursday immediately preceding a Tuesday Council meeting). (A copy of the Form is attached to the Policy, and will be available from the City Clerk; the Fonn may be revised as necessary by the City Clerk in conjunction with the City Attomey.) 2. The person submitting the Form shall indicate the item title, description, meeting date at which it is to be heard, 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. five days before the City Council meeting (the Thursday immediately prior to a Tuesday Council meeting) the City Clerk will send an a-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 (the Thursday immediately preceding a Tuesday 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. Resolution No. 2011-084 REQUEST TO ADD ITEM TO REGULAR CITY COUNCIL MEETING AGENDA* Page 5 1 2. 3. City Council Meeting Date: Type of Item: (check one) Item Title: (check one) ^ Consent ^ Action ^ Discussion Only ^ 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. 111-04. J:4Sttomey\JILLM\FORMS & POLICIES\REQLiEST TO ADD AGENDA ITEM.doc