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HomeMy WebLinkAboutCOW 2003-07-14 Item 4C - Ordinance - Council Operating ProceduresOriginal Sponsor: Timeline: Sponsor's Summary: Cost Impact (if knowrO I Fund Source (if known) Meeting Date 4/14/03 4/21/03 7/14/03 Meeting Date 4/14/03 4/14/03 4/14/03 7/14/03 7/14/03 COUNCIL AGENDA SYNOPSIS Meeting Date 7/14/03 Council x Admin. N/A COW Regular Meeting Initials Prepared by 1 Mayor's review 1 Council review 1 IA/ 1 ;i,:t_(/i- I G,•:C. I I 1 I I I ITEM INFORMATION CAS Number: REF 03-049 Original Agenda Date. 4/14/03 Agenda Item Title: Ordinance Setting Council Meeting Procedures This ordinance was discussed at a COW in April, where Pam Carter made several suggested changes which were included. The ordinance is ready for adoption at a Regular meeting, although a COW is a good chance to review it once again. Recommendations: Sponsor: Review ordinance Committee: Finance and Safety recommended ordinance April 8, 2003 Administration: Same as sponsor RECORD OF COUNCIL ACTION Action APPENDICES Attachments Memo from L. Lauterbach dated April 10, 2003 Draft ordinance showing changes; clean draft ordinance Finance and Safety Committee minutes 4/8/03 Memo from L. Lauterbach dated 7/10/03 Draft ordinance and final version ordinance ITEM No. 4t c To: City Council From. Lucy Lauterbach Date. July 10, 2003 Subject: Council Oneratine Procedures Ordinance The Council Operating Procedures are ready for your final review and approval. When you last considered the ordinance, you agreed to several changes suggested by the Council President. Those changes made since your last meeting are shown in the underlined (new laneuaeel and deleted language- in the draft ordinance. One of the issues that arose was in Miscellaneous Agenda Procedures on Page 6 of the ordinance. The Council had recommended in Section E of 2.04.110 that proposed ordinances be reviewed by the City Attorney take our the requirement that they be signed before they are passed, as there are some that are not signed until after passage. State law dictates that ordinances are to be signed before passage, so everyone will need to be certain that happens. In some cases it could mean the delay of an ordinance going on an agenda. It's also a good reason City Attorneys are present at Regular Meetings. One change that I inserted to match the ordinance to the way we do business is under 2.04.110 Miscellaneous Agenda Procedures. Under C2, I added "impending deadline" as a condition for putting an item directly on a Regular Meeting without going to a COW or committee first. It seems that has been the reason for more agenda additions that other reasons. If you don't agree, you can strike that new wording. Other changes were simply clarifications or inserted or deleted language to make sure our current practices are what is reflected in the Procedures. The reason this ordinance was delayed was that it must be passed in conjunction with the salary ordinance because it repeals the salary section (now moved to the salary ordinance) which must be in place before this operating procedure ordinance is passed. Thought there is not a rush on adopting this ordinance, it should be fairly quick to review and can be recommended for passage at the July 2I meeting. Hopefully we will now update this ordinance on a more regular basis. ntftixfl (Mark -up version) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, SETTING COUNCIL MEETING PROCEDURES AND REPEALING ORDINANCE NUMBERS 1311, 1345, AND 1421; AND SECTION 1 OF ORDINANCE 1770; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council has decided to alter the procedures under which it operates to provide for a more efficient and orderly governmental process; and WHEREAS, several different ordinances from various years now have portions of operating procedures that could more easily be followed in one ordinance; NOW, THEREFORE, THE CITY COUNCIL OF TUKWILA, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 2.04 of the TMC is hereby amended to read as follows: 2.04.010 Meetings Declared Open and Public All meetings of the Tukwila City Council and its committees shall be open and public and all persons shall be permitted to attend any meeting of these bodies, except as otherwise provided in Section 2 04140 2.04.020 Regular Meetings The City Council shall meet regularly on the first and third Mondays of each month at 7:00 p.m., unless an alternative starting time is published set and nntirP is ven pursuant to Sertinn 7 04 040. If at any time any Regular meeting falls on a holiday, the Council shall meet on the next business day at the same hour. The City Council shall meet at Tukwila City Hall, unless otherwise publicly announced. 2 04.030 Committee of the Whole Meetings A. The Council shall sit as a Committee on the second and fourth Monday of each month at 7:00 p m unless an alternate starting time is published, except if at any time any committee meeting falls on a holiday, the Council shall meet on the next business day at the same hour. The City Council shall meet at Tukwila City Hall, unless otherwise publicly announced. B. Meetings of the Committee of the Whole shall be held primarily for the purpose of considering current issues of the City, coordinating the work of the City Council, and Council Meeting Procedures 1 1 discussing draft ordinances, resolutions and policy issues in detail. The Committee of the Whole will have no power to take final actions including, hot not limited tn, voting on a motion, adopting ordinances or passing resolutions. C. the Committee of the Whole may meet in a retreat setting to plan their work at the beginning of the year; or at any time beneficial to in -depth deliberations by the Council. Results of the Committee of the Whole's retreats will be discussed with the Mayor and administration in order to establish and understand City goals A report summarizing the proceedings will be made available following each retreat. No official action will be taken at a retreat. 2.04.040 Special Meetings Special meetings may be called by the Mayor, or any three Councilmembers by written notice delivered by City ernpinyee(s) to each member of the Council at least 24 hours before the time specified for the proposed meeting and with public notice made pursuant tn RC'W 42.30 OSft 2.04.050 Quorum At all meetings of the City Council, four members shall constitute a quorum for the transaction of business. 2 04.060 Seating A. Members of the City Council will be seated at the Council table according to seniority of the Council, except the Council President will be seated at the right of the Mayor. B. Seniority shall be determined by: 1. Greatest consecutive number of years served. 2. Greatest consecutive number of years plu months nr years Revved prior to the current term(S) 3. Number of votes when elected. 2.04.070 Council President —Mayor Pro Tempore A. At the first Regular Meeting in January of each year, members of the City Council shall elect from their number a Council President who shall hold office at the pleasure of the Council The general policy nf council is to elect presidents in a rotating order If a varanry ncrurs in the afire of Council President, the City Council, at their net Regular Meeting shall select a new Council President tn serve the remainder nf the year B. In the absence of the Mayor, the Council President shall become the Mayor Pro Tempore and perform the duties of the Mayor except that s /he shall not have the power to appoint or remove any officer or to veto any ordinance. If a vacancy occurs in the office of the Mayor, the City Council, at their next Regular Meeting, shall elect from their number a Mayor, who shall serve until a Mayor is elected and certified at the next municipal election. 2 04.080. Presiding Officer Council Meeting Procedures 2 2 A. All Regular and Special Meetings of the City Council shall be presided over by the Mayor, or in his /her absence, by the Mayor Pro Tempore. If neither the Mayor nor the Mayor Pro Tempore is present at a meeting, the presiding officer for that meeting shall be elected by a majority of the vote of those Councilmembers present, provided there is a quorum. B. All Committee of the Whole meetings shall be presided over by the Council President. In if thethe Council President is to nnnrarily absent, 's temporary absence, the Council shall elect a Councilmember to serve in that capacity until the Council President returns. C. The City Clerk, or his /her designee will staff Regular and Special Council meetings and Committees of the Whole memings. In the absence of the Clerk, Deputy Clerk or other qualified staff member appointed by the Clerk, the Mayor or Council may appoint a staff person to act in that capacity. D. The appointment of a Councilmember as Mayor Pro Tempore shall not in any way abridge his /her right to vote on matters coming before the Council at such meeting. E. The presiding officer shall preserve strict order and decorum at all meetings of the Council. The presiding officer shall state all questions coming before the Council, provide opportunity for discussion on each item frnm--th fl nnr nn the table, and announce the decision of the Council on all subjects. Procedural decisions made by the presiding officer may be overruled by a majority vote of the Council. 2.04.090 Agenda for Regular or Special Council Meetings All items to be included on the agenda for Council consideration must be submitted to the City Clerk in full by Noon on the Wednesday preceding each Council meeting. The City Clerk shall then prepare a proposed agenda, with attachments, according to the order of business. After the proposed agenda has been approved by the Council President, or in his /her absence, by his /her designated member of the City Council, the City Clerk shall prepare the final agenda, which shall be distributed to the Mayor, Councilmembers, City Attorney and Department Heads no later than Noon on the Friday preceding the Council Meeting. A copy of the agenda and subsequent documents shall be posted on the bulletin board at City Hall A rnpy nf the fare sheet nf theAgenda will he pnsted nn the City's wehsite 2.04.100 Agenda Format The format of a Regular or Special City Council agenda shall be as follows: A. Call to Order. B. Pledge of Allegiance. C. Roll Call D. Special Presentations on key agenda items. E. Appointments and Proclamations of the Mayor. F. Citizens' Comments. To give the audience a chance to comment on items not listed on the agenda. G. Consent Agenda. Council Meeting Procedures 3 3 1. Contains all consent agenda items approved by the Council President, from a Committee of the Whole, or forwarded by unanimous committee action, and routine items such as, but not limited to, approval of minutes and approval of vouchers. No ordinances, resolutions, bid awards, or contracts over $50,000 will can be included on the consent agenda. 2. The following rules shall apply to the consent agenda. a. Any member of the City Council may, by request and without a Council vote, have any items removed from the consent agenda. That item will, by automatic procedure, be urwar d 'dylared under New Business for further discussion. b. The remaining items shall be approved by motion. H. Bid Awards. All competitive bid awards shall comply with RCW Title 39, and those that require Council approval shall include the contractor /vendor name, the project name, and the total dollar amount of the award, The award may or may not include Washington State Sales Tax. I. Public Hearings. 1. For public hearings required by City, State or Federal law or as the Council may direct. Examples may include, but not be limited to: a. LID b. Zoning c. Budget d. Revenue sharing grants e. Annexation f. Moratoria g. Quasi- judicial decisions 2. The following procedures shall apply to public hearings, except public hearings subject to TMC Chapters 18.104 to 18.116, which shall be subject to the procedures specified therein: a. The presiding officer may exercise a change in the procedures, but said decision may be overruled by a majority vote of the City Council. b. The proponent spokesman shall speak first and be allowed 15 minutes. The Council may ask questions. c. The opponent spokesman shall be allowed 15 minutes for presentation and the Council may ask questions. d. Each side shall then be allowed 5 minutes for rebuttal. e. After the proponents and opponents have used their speaking time, Council may ask further questions of the speakers, who may respond. 3. At public hearings and for issues where a p „blip meeting ic rPgnirPd nr a general audience is in 1 1 1 1 IT Council Meeting Procedures 4 4 attendance to present arguments for or against a public issue: a. A signup sheet for speakers will be available, and all citizens considering speaking will be asked to write their name and address legibly. If they speak without signing up, they will be asked to sign in after speaking. b. A person may speak for five minutes. No one may speak for a second time until everyone wishing to speak has had an opportunity to speak. c. After the speaker has used the allotted time, Council may ask questions of the speaker and the speaker may respond, but may not engage in further debate. d. Speakers should address their comments to the City Council and should not address other audience members. Nn disparaging remarks, or remarks directed to opponents will he am allnwPd e. The hearing will then be closed to public participation by the presiding officer and open for Councilmember discussion.disLussion. J. Unfinished Business. This section of the agenda shall include items of a general nature, including resolutions and ordinances previously discussed at a Council meeting. The following procedures shall apply during this section of the agenda. 1 The item will he put on the table by motion 12. The committee chair, sponsor or a designated spokesman of each item w$lmay give a presentation. 2.3 If a resolution or ordinance, the City Attorney or th unperson City Administrator may read the item by title only, or, if requested by any Councilmember, the document may be read in its entirety. A motion by Council shall rule. 4_ The Council may then question the sponsor or designated spokesman of the 1 presented item. 45..: When discussions rnnrhrde, The Council, by motion, will then dlspeltse with act upn„ the resolution, ordinance, or other item. K. New Business. This section of the agenda shall include all items of a general nature including resolutions and ordinances previously discussed at a Committee Meeting and put forward to the Regular Meeting and items that have been removed from the consent agenda. The procedures that applied during this section shall be the same as those under Unfinished Business. L. Reports. Reports on special interest items from the Mayor, City Council, staff, City Attorney, and intergovernmental representatives. M. Miscellaneous. N Fxecntiwo 0 Adjournment 2.04.110 Miscellaneous Agenda Procedures A. The City Council desires to provide adequate time for administration and staff analysis, fact finding and presentation. Council Meeting Procedures 5 5 1. Items to come before the City Council should first be placed on the agenda of the appropriate committee for discussion before they are placed on the agenda of a Regular Council Meeting. 2. All items that are not routine in nature and presented shall include a completed Council Agenda Synopsis (CAS), a staff report, and Committee Minutes. The City Clerk, or a designated person, shall be responsible for attaching a CAS number, keeping the original CAS, and an index for future reference. B. The agenda and provision for the Committee of the Whole shall be committee reports, discussion of items referred from committees, items referred by three Councilmembers, and items set by the Council President. The agenda, and any attachments, will be approved by the Council President or his /her designee, and shall be prepared by the City Clerk for distribution to the Council by 17 p Noon on Friday. C. Items may be placed directly on the agenda of a Regular Meeting when the items are approved by the Council President, and: 1. The items are routine in nature, such as approval of vouchers; proclamations; acknowledgement or receipt of petitions or documents; or discussion of claims for damages. 2. An emergency condition exists that represents a personnel hazard, impending deadline, or risk of immediate financial loss. In such instances, the CAS summary or staff memo should clearly define why the special procedure is necessary. 3. In the event the sponsor of any items to come before the City Council feels it both appropriate and beneficial to the City, s /he may bring such items directly to the Regular Meeting with the concurrence of three Councilmembers fot Council deliberation on the appi opt iaier thar item beuig placed on the agenda. D. The Council President may affix an approximate time limit for each agenda item at the time of approval of the agenda. E. All proposed ordinances and resolutions shall be reviewed by the City Attorney and bear her /his certification that they are in correct form before final passage. All accompanying documents shall be available before ordinances and resolutions can be passed. F. Resolutions of the City Council shall be signed by the Council President. G A joint resolution of the City Council and the Mayor may be proposed when: 1. The subject of the resolution is of broad City concern, and the subject contains Council policy and administrative procedure; or 2. The subject of the resolution is of a ceremonial or honorary nature. H. Joint resolutions will be subject to the voting rules in TMC, Chapter 7.04 in this ordinance and will be signed by the Mayor and Council President. The Council may provide for all Councilmembers ta_signing the joint resolution enacted under TMC, 1 Chapter 2.04.110 G. 2.04.120 Speaking Procedures A. Speaking procedure for agenda items under consideration is as follows: Council Meeting Procedures 6 6 1. A Councilmember desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine him /herself to the question under debate. Recognition of Councilmembers shall be by seniority. 2. Any member, while speaking, shall not be interrupted unless it is to call him or her to order. 3. No Councilmember shall speak a second time on the same motion before opportunity has been given each Councilmember to speak on that motion. B. Addressing the Council for items under Council discussion shall proceed as follows: 1. Any person, with the permission of the presiding officer, may address the Council, but the presiding officer shall be required to recognize speakers in the following order: a. A person designated by the presiding officer to introduce the subject under discussion. b. Those whose request to be heard is contained in the written agenda. c. Those who have submitted their request to be heard in writing or to the City Clerk before the meeting. d. Those who ask recognition from the floor. 2. In addressing the Council each person shall ctr nd advance to the podium, 1 and after recognition, give name and address, and unless further time is given by the presiding officer, shall limit his /her address to five minutes. All remarks shall be made to the Council as a body and not to any individual member, or to the audience. 3. No person shall be permitted to enter into any discussion from the floor without first being recognized by the presiding officer. 4. Any person making personal, impertinent or slanderous remarks while addressing the Council shall be barred from further audience participation by the presiding officer unless permission to continue is granted by a majority vote of the Council. 2.04.130 Voting A. Silence of a Councilmember during a voice vote shall be recorded as an affirmative vote except where such a Councilmember abstains because of a stated conflict of interest. Each member present must vote on all questions before the Council and may abstain only by reason of conflict of interest. B. A roll-call vote may be requested by the presiding officer or any member of the Council. Voting normally shall be by seniority; however, this procedure may be changed by the presiding officer. C. Confirmations of appointments by the Mayor; budget transfers; personnel levels; and formal motions, resolutions, ordinances and amendments thereto; shall require the affirmative votes of four Councilmembers. 2.04.140 Executive Sessions Council Meeting Procedures 7 7 The City Council may hold an Executive Session during a Regular Meeting, Special Meeting or Committee of the Whole meeting to consider certain matters as set forth in RCW 42.30.110. 2 04.150 Continuances. Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. 2.04.160 Adjournment A. Any Committee nf the Whole, Regular, adjourned Regular, Special or adjourned Special Meeting may be adjourned in the manner as set forth in RCW 42.30.090. g. A11 meetings nf the Council shall adjourn no later than 11:00 p.m. If the Council desires to extend the meeting, a motion shall be required of a majority plus one vote of Councilmembers present. Items not acted on by the 11:00 p.m. deadline shall be deferred to the next respective Council meeting as unfinished business, unless Council, by a majority vote of members present, determines otherwise. 2.04.170 Questions of Parliamentary Procedure Questions of parliamentary procedure not covered by this chapter shall be governed by Robert's Rules of Order, Newly Revised (latest edition). 2.04.180 Council Committees and Representatives A. There arm four standing committees of the Council consisting of three members each. The Council President shall appoint the membership of each committee and the committee chairpersons by the second Regular Meeting of each year. The chairperson for each committee shall set the schedule of meetings and cause them to be published. In the event a committee member is unable to attend a meeting, s /he may ask another Councilmember to attend in his /her place The standing committees shall consider and may make policy and legislative recommendations to the City Council on items referred to the committee by the Council President, the Council, administrative departments, boards or commissions. If budgeted in an amount less than or equal to $-.l a committee can approve a bid or negotiation award by an affirmative vote of three committee members. If a unanimous committee vote is not obtained, the award will be referred to the City Council for action. The standing committees, their scopes of authority, and the supporting City departments are as follow: 1. Transportation Committee, which shall consider matters related to transportation, transportation plans, traffic, transit, streets, street lighting, signals, street LIDs, and rights of way in coordination with the Public Works Department and Department of Community Development; 2. Utilities Committee, which shall consider matters related to water; sewer; electric power; natural gas; telephone; cable television; telecommunications; solid waste reduction, reuse and recycling; river basins; and levies in coordination with the Public Works Department. Council Meeting Procedures 8 8 3. Finance and Safety Committee, which shall consider matters related to the general fiscal and financial operations of the City; budget and financial reports; policy matters related to personnel, including but not limited to, the salary grade schedule, position classifications and salary changes in coordination with the Finance Department, Administrative Services Department, and City Administrator. They shall consider matters related to police and fire protection; the municipal court; emergency services; and animal control in coordination with the Police Department, Fire Department, Civil Service Commission, City Clerk, Library Advisory Board, Public Works Department, Lodging Tax Advisory Board, Community Oriented Policing Board, Chamber of Commerce, and Information Services. 4. Community Affairs and Parks Committee, which shall consider matters related to the planning of the physical, economic aesthetic, cultural and social development of the City, comprehensive plan, zoning code, building code, code enforcement, sign code and annexation policies, in coordination with the Department of Community Development; Human Services, Planning Commission, Hearing Examiner, and Sister Cities Committee. They shall consider matters relating to parks and park plans, recreation facilities and community activities, in coordination with the Parks and Recreation Department, the Department of onununily Development, the Arts Commission, Parks Commission, Human Services Advisory Board, and the Equity and Diversity Commission. B. The Council President may establish such ad hoc committees as may be appropriate to consider special matters that do not readily fit the standing committee structure or that require special approach or emphasis. The Council President shall appoint Council representatives to intergovernmental councils, boards and committees as needed. C. Council committees shall consider all matters referred. The committee chairpersons shall report to the Council the findings of the committee. Committees may refer items to the Council with no committee recommendation. D. Each committee chair may review and approve his /her committee agendas and will approve committee minutes before distribution. Unb ueigeted request faims shou Finance and Safety Committee members -IQ r when the committee approves unbudgeted items. 2.04.190 Filling Council Vacancies If a vacancy occurs in the office of Councilmember, the Council will follow the procedures outlined in RCW 35A.1B.050. In order to fill the vacancy with the most qualified person available until an election is held, the Council will widely distribute and publish a notice of the vacancy, the procedure and any application form for applying. The Council will draw up an application form, which contains relevant information to answer set questions posed by the Council. The application forms will be used in conjunction with an interview of each candidate to aid the Council selection of the new Councilmember. Section 2. Repealer. Section 1 of Ordinance 1770, and Ordinance Numbers 1311, 1345, and 1421 are hereby repealed. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such I 1111 so s e r Council Meeting Procedures 9 9 invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2003. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Council Meeting Procedures 10 Steven M. Mullet, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: 10 T MU7 (Final format version) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, SETTING COUNCIL MEETING PROCEDURES AND REPEALING ORDINANCE NUMBERS 1311, 1345, AND 1421; AND SECTION 1 OF ORDINANCE 1770; PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council has decided to alter the procedures under which it operates to provide for a more efficient and orderly governmental process; and WHEREAS, several different ordinances from various years now have portions of operating procedures that could more easily be followed in one ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 2.04 of the TMC is hereby amended to read as follows: 2.04.010 Meetings Declared Open and Public All meetings of the Tukwila City Council and its committees shall be open and public and all persons shall be permitted to attend any meeting of these bodies, except as otherwise provided in Section 2.04.140. 2.04.020 Regular Meetings The City Council shall meet regularly on the first and third Mondays of each month at 7:00 p.m., unless an alternative starting time is set and notice is given pursuant to Section 2.04.040. If at any time any Regular Meeting falls on a holiday, the Council shall meet on the next business day at the same hour. The City Council shall meet at Tukwila City Hall, unless otherwise publicly announced. 2.04.030 Committee of the Whole Meetings A. The Council shall sit as a Committee on the second and fourth Monday of each month at 7:00 p.m., unless an alternate starting time is published, except if at any time any committee meeting falls on a holiday, the Council shall meet on the next business day at the same hour. The City Council shall meet at Tukwila City Hall, unless otherwise publicly announced. B. Meetings of the Committee of the Whole shall be held primarily for the purpose of considering current issues of the City, coordinating the work of the City Council, and discussing draft ordinances, resolutions and policy issues in detail. The Committee of the Whole will have no power to take final actions including, but not limited to, voting on a motion, adopting ordinances or passing resolutions. C. The Committee of the Whole may meet in a retreat setting to plan their work at the beginning of the year or at any time beneficial to in -depth deliberations by the Council. Results of the Committee of the Whole's retreats will be discussed with the Mayor and administration in order to establish and understand City goals. A report summarizing the proceedings will be made available following each retreat. No official action will be taken at a retreat. 2.04.040 Special Meetings Special meetings may be called by the Mayor, or any three Councihnembers by written notice delivered by City employee(s) to each member of the Council at least 24 hours before the time specified for the proposed meeting and with public notice made pursuant to RCW 42.30.080. Council Meeting Procedures 1 1 2.04.050 Quorum At all meetings of the City Council, four members shall constitute a quorum for the transaction of business. 2 04.060 Seating A. Members of the City Council will be seated at the Council table according to seniority of the Council, except the Council President will be seated at the right of the Mayor. 13. Seniority shall be determined by: 1. Greatest consecutive number of years served. 2. Greatest consecutive number of years plus months or years served prior to the current term(s). 3. Number of votes when elected. 2.04.070 Council President Pro Tempore A At the first Regular Meeting in January of each year, members of the City Council shall elect from their number a Council President who shall hold office at the pleasure of the Council. The general policy of Council is to elect presidents in a rotating order. If a vacancy occurs in the office of Council President, the City Council, at their next Rear Meeting, shall select a new Council President to serve the remainder of the year. a In the absence of the Mayor, the Council President shall become the Mayor Pro Tempore and perform the duties of the Mayor except that s/he shall not have the power to appoint or remove any officer or to veto any ordinance. If a vacancy occurs in the office of the Mayor, the City Council, at their next Regular Meeting, shall elect from their number a Mayor, who shall serve until a Mayor is elected and certified at the next municipal election. 2 04.080 Presiding Officer A. All Regular and Special Meetings of the City Council shall be presided over by the IVrayor, or in his/her absence, by the Mayor Pro Tempore. If neither the Mayor nor the Mayor Pro Tempore is present at a meeting, the presiding officer for that meeting shall be elected by a majority of the vote of those Councilmembers present, provided there is a quorum. 13. All Committee of the Whole meetings shall be presided over by the Council President. If the Council President is temporarily absent, the Council shall elect a Councilmember to serve in that capacity until the Council President returns. C. The City Clerk, or his/her designee will staff Regular and Special Council meetings and Committees of the Whole meetings. In the absence of the Clerk, Deputy Clerk or other qualified staff member appointed by the Clerk, the Mayor or Council may appoint a staff person to act in that capacity. D. The appointment of a Counclimember as Mayor Pro Tempore shall not in any way abridge his/her right to vote on matters coming before the Council at such meeting. E. The presiding officer shall preserve strict order and decorum at all meetings of the Council. The presiding officer shall state all questions coming before the Council, provide opportunity for discussion on each item on the table, and announce the decision of the Council on all subjects Procedural decisions made by the presiding officer may be overruled by a majority vote of the Council. 2.04.090 Agenda for Regular or Special Council Meetings All items to be included on the agenda for Council consideration must be submitted to the City Clerk in full by Noon on the Wednesday preceding each Council Meeting. The City Clerk shall then prepare a proposed agenda, with attachments, according to the order of business After the proposed agenda has been approved by the Council President, or in his/her absence, by his/her designated member of the City Council, the City Clerk shall prepare the final agenda, which shall be distributed to the Mayor, Councilmembers, City Attorney and Department Heads no later than Noon on the Friday preceding the Council Meeting. A copy of the agenda and subsequent documents shall be posted on the bulletin board at City Hall. A copy of the Agenda face sheet will be posted on the City's website. council Meeting Procedures 2 2 2.04.100 Agenda Format The format of a Regular or Special City Council agenda shall be as follows: A. Call to Order. B. Pledge of Allegiance. C. Roll Call. D. Special Presentations on key agenda items E. Appointments and Proclamations of the Mayor. F. Citizens' Comments. To give the audience a chance to comment on items not listed on the agenda. G. Consent Agenda. 1. Contains all consent agenda items approved by the Council President, from a Committee of the Whole, or forwarded by unanimous committee action, and routine items such as, but not limited to, approval of minutes and approval of vouchers. No ordinances, resolutions, bid awards, or contracts over $50,000 will be included on the consent agenda. 2. The following rules shall apply to the consent agenda: a. Any member of the City Council may, by request and without a Council vote, have any items removed from the consent agenda. That item will, by automatic procedure, be placed under New Business for further discussion. b. The remaining items shall be approved by motion. H. Bid Awards. All competitive bid awards shall comply with RCW Title 39, and those that require Council approval shall include the contractor /vendor name, the project name, and the total dollar amount of the award. The award may or may not include Washington State Sales Tax. I. Public Hearings. 1. For public hearings required by City, State or Federal law or as the Council may direct. Examples may include, but not be limited to: a. LID b. Zoning c. Budget d. Revenue sharing grants e. Annexation f. Moratoria g. Quasi- judicial decisions 2. The following procedures shall apply to public hearings, except public hearings subject to TMC Chapters 18.104 to 18.116, which shall be subject to the procedures specified therein a. The presiding officer may exercise a change in the procedures, but said decision may be overruled by a majority vote of the City Council. b. The proponent spokesman shall speak first and be allowed 15 minutes. The Council may ask questions. c. The opponent spokesman shall be allowed 15 minutes for presentation and the Council may ask questions. d. Each side shall then be allowed 5 minutes for rebuttal. e. After the proponents and opponents have used their speaking time, Council may ask further questions of the speakers, who may respond. 3. At public hearings and for issues where a public meeting is required or requested and a general audience is in attendance to present arguments for or against a public issue: a. A signup sheet for speakers will be available, and all citizens considering speaking will be asked to write their name and address legibly. If they speak without signing up, they will be asked to sign in after speaking. Council Meeting Procedures 3 3 b. A person may speak for five minutes. No one may speak fax a second time until everyone wishing to speak has had an opportunity to speak. c. After the speaker has used the allotted time, Council may ask questions of the speaker and the spealcer may respond, but may not engage in further debate. d. Speakers should address their comments to the City Council and should not address other audience members. No disparaging remarks, or remarks directed to opponents will be allowed. e. The hearing will then be closed to public participation by the presiding officer and open for Councilmember discussion. J. Unfinished Business. This section of the agenda shall include items of a general nature, including resolutions and ordinances previously discussed at a Council meeting. The following procedures shall apply during this section of the agenda: 1. The item will be put on the table by motion. 2. The committee chair, sponsor or a designated spokesman of each item may give a presentation. 3. If a resolution or ordinance, the City Attorney or City Administrator may read the item by title only, or, if requested by any Councilmember, the document may be read in its entirety. A motion by Council shall rule. 4. The Council may then question the sponsor or designated spokesman of the presented item. 5. When discussions conclude, the Council, by motion, will act upon the resolution, ordinance, or other item. K. New Business. This section of the agenda shall include all items of a general nature including resolutions and ordinances previously discussed at a Committee Meeting and put forward to the Regular Meeting and items that have been removed from the consent agenda. The procedures that applied during this section shall be the same as those under Unfinished Business. L. Reports. Reports on special interest items from the Mayor, City Council, staff, City Attorney, and intergovernmental representatives. M. Miscellaneous. N. Executive Session. 0. Adjournment. 2. 04.110 Miscellaneous Agenda Procedures A. The City Council desires to provide adequate time for administration and staff analysis, fact finding and presentation. 1. Items to come before the City Council should first be placed on the agenda of the appropriate committee for discussion before they are placed on the agenda of a Regular Council Meeting. 2. All items that are not routine in nature and presented shall include a completed Council Agenda Synopsis (CAS), a staff report, and Committee Minutes. The City Clerk, or a designated person, shall be responsible for attaching a CAS number, keeping the original CAS, and an index for future reference. B. The agenda and provision for the Committee of the Whole shall be committee reports, discussion of items referred from committees, items referred by three Councilmembers, and items set by the Council President. The agenda, and any attachments, will be approved by the Council President or his/her designee, and shall be prepared by the City Clerk for distribution to the Council by 12 PM on Friday. C. Items may be placed directly on the agenda of a Regular Meeting when the items are approved by the Council President, and: 1. The items are routine in nature, such as approval of vouchers; proclamations; acknowledgement or receipt of petitions or documents; or discussion of claims for damages. Council Meeting Procedures 4 4 2. An emergency condition exists that represents a personnel hazard, impending deadline, or risk of immediate financial loss. In such instances, the CAS summary or staff memo should clearly define why the special procedure is necessary. 3. In the event the sponsor of any items to come before the City Council feels it both appropriate and beneficial to the City, s /he may bring such items directly to the Regular Meeting with the concurrence of three Councilmembers. D. The Council President may affix an approximate time limit for each agenda item at the time of approval of the agenda. E. All proposed ordinances and resolutions shall be reviewed by the City Attorney and bare her /his certification that they are in correct form before final passage. All accompanying documents shall be available before ordinances and resolutions can be passed. F. Resolutions of the City Council shall be signed by the Council President G A joint resolution of the City Council and the Mayor may be proposed when: 1. The subject of the resolution is of broad City concern, and the subject contains Council policy and administrative procedure; or 2. The subject of the resolution is of a ceremonial or honorary nature. H. Joint resolutions will be subject to the voting rules in TMC Chapter 7.04 in this ordinance and will be signed by the Mayor and Council President. The Council may provide for all Councihnembers to sign the joint resolution enacted under TMC Chapter 2.04.110 G. 2.04.120 Speaking Procedures A. Speaking procedure for agenda items under consideration is as follows: 1. A Councilmember desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine him /herself to the question under debate. Recognition of Councilmembers shall be by seniority. 2. Any member, while speaking, shall not be interrupted unless it is to call him or her to order. 3. No Councilmember shall speak a second time on the same motion before opportunity has been given each Councilmember to speak on that motion. B. Addressing the Council for items under Council discussion shall proceed as follows: 1. Any person, with the permission of the presiding officer, may address the Council, but the presiding officer shall be required to a<.., speakers in the following order: a. A person designated by the presiding officer to introduce the subject under discussion. b. Those whose request to be heard is contained in the written agenda. c. Those who have submitted their request to be heard in writing or to the City Clerk before the meeting. d. Those who ask recognition from the floor. 2. In addressing the Council each person shall advance to the podium, and after b lion, give name and address, and unless further time is given by the presiding officer, shall limit his /her address to five minutes. All remarks shall be made to the Council as a body and not to any individual member, or to the audience. 3. No person shall be permitted to enter into any discussion from the floor without first being recognized by the presiding officer. 4. Any person making personal, impertinent or slanderous remarks while addressing the Council shall be barred from further audience participation by the presiding officer unless permission to continue is granted by a majority vote of the Council. 2.04.130 Voting A. Silence of a Councilmember during a voice vote shall be recorded as an affirmative vote except where such a Councilmember abstains because of a stated conflict Council Meeting Procedures 5 5 of interest. Each member present must vote on all questions before the Council and may abstain only by reason of conflict of interest. B. A roll-call vote may be requested by the presiding officer or any member of the Council. Voting normally shall be by seniority; however, this procedure may be changed by the presiding officer. C. Confirmations of appointments by the Mayor; budget transfers; personnel levels; and formal motions, resolutions, ordinances and amendments thereto; shall require the affirmative votes of four Councilmembers. 2.04.140 Executive Sessions The City Council may hold an Executive Session during a Regular Meeting, Special Meeting or Committee of the Whole meeting to consider certain matters as set forth in RCW 42.30.110. 2.04.150 Continuances Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. 2.04.160 Adjournment A. Any Committee of the Whole, Regular, adjourned Regular, Special or adjourned Special Meeting may be adjourned in the manner as set forth in RCW 42.30.090. B. All meetings of the Council shall adjourn no Iater than 11:00 p.m. If the Council desires to extend the meeting, a motion shall be required of a majority plus one vote of Councilmembers present. Items not acted on by the 11:00 p.m. deadline shall be deferred to the next respective Council meeting as unfinished business, unless Council, by a majority vote of members present, determines otherwise. 2.04.170 Questions of Parliamentary Procedure Questions of parliamentary procedure not covered by this chapter shall be governed by Robert's Rules of Order, Newly Revised (latest edition). 2.04.180 Council Committees and Representatives A. There are four standing committees of the Council consisting of three members each. The Council President shall appoint the membership of each committee and the committee chairpersons by the second Regular Meeting of each year. The chairperson for each committee shall set the schedule of meetings and cause them to be published. In the event a committee member is unable to attend a meeting, s /he may ask another Councihnember to attend in his /her place. B. The standing committees shall consider and may make policy and legislative recommendations to the City Council on items referred to the committee by the Council President, the Council, administrative departments, boards or commissions. If budgeted in an amount less than or equal to $30,000, a committee can approve a bid or negotiation award by an affirmative vote of three committee members. If a unanimous committee vote is not obtained, the award will be referred to the City Council for action. The standing committees, their scopes of authority, and the supporting City departments are as follow: 1. Transportation Committee, which shall consider matters related to transportation, transportation plans, traffic, transit, streets, street lighting, signals, street LIDS, and rights of way in coordination with the Public Works Department and Department of Community Development. 2. Utilities Committee, which shall consider matters related to water; sewer; electric power; natural gas; telephone; cable television; telecommunications; solid waste reduction, reuse and recycling; river basins• and levies in coordination with the Public Works Department. 3. Finance and Safety Committee, which shall consider matters related to the general fiscal and financial operations of the City; budget and financial reports; policy matters related to personnel, including but not limited to, the salary grade schedule, position classifications and salary changes in coordination with the Finance Department, Administrative Services Department, and City Administrator. They shall consider matters related to police and fire protection; the municipal court; emergency services; and animal Council Meeting Procedures 6 6 control in coordination with the Police Department, Fire Department, Civil Service Commission, City Qerk, Library Advisory Board, Public Works Department, Lodging Tax Advisory Board, Community Oriented Policing Board, Chamber of Commerce, and Information Services. 4. Community Affairs and Parks Committee, which shall consider matters related to the planning of the physical, economic, aesthetic, cultural and social development of the City, Comprehensive Plan, Zoning Code, Building Code, code enforcement, Sign Code and annexation policies, in coordination with the Department of Community Development, Human Services, Planning Commission, Hearing Examiner, and Sister Cities Committee. They shall consider matters relating to parks and park plans, recreation facilities and community activities, in coordination with the Parks and Recreation Department, the Arts Commission, Park Commission, Human Services Advisory Board, and the Equity and Diversity Commission. B. The Council President may establish such ad hoc committees as may be appropriate to consider special matters that do not readily fit the standing committee structure or that require special approach or emphasis. The Council President shall appoint Council representatives to intergovernmental councils, boards and committees as needed. C. Council committees shall consider all matters referred. The committee chairpersons shall report to the Council the findings of the committee. Committees may refer items to the Council with no committee recommendation D. Each committee chair may review and approve his /her committee agenda and will approve committee minutes before distribution. An affirmative vote of three members of Finance and Safety Committee is required when the committee approves unbudgeted items 2.04.190 Filling Council Vacancies If a vacancy occurs in the office of Councilmember, the Council will follow the procedures outlined in RCW 35A.1B.050. In order to fill the vacancy with the most qualified person available until an election is held, the Council will widely distribute and publish a notice of the vacancy, the procedure and any application form for applying. The Council will draw up an application form, which contains relevant information to answer set questions posed by the Council. The application forms will be used in conjunction with an interview of each candidate to aid the Council selection of the new Councilmember. Section 2. Repealer. Section 1 of Ordinance No. 1770, and Ordinance Nos. 1311, 1345, and 1421 are hereby repealed. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE QTY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2003. ATTEST/ AUTHENTICATED: Jane E. Cantu, CMC, City Qerk APPROVED AS TO FORM BY: Office of the City Attorney Council Meeting Procedures 7 Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Steven M. Mullet, Mayor 7