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HomeMy WebLinkAboutCOW 2003-04-14 Item 4D - Ordinance - Council Meeting ProceduresCAS Number: 03-049 Agenda Item Title: Original Sponsor: Council x Admin. I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if N/A Fund Source (if known) Meeting Date 4/14/03 Meeting Date 4/14/03 4/14/03 4/14/03 COUNCIL AGENDA SYNOPSIS Initials Meetinq Date Prepared by 'Mayor's review' Council review 1 4/14/03 LL L A. I MC. I I I I 1 I I I I I ITEM INFORMATION Original Agenda Date: 4/14/03 03 -O4 Ordinance Setting Council Meeting Procedures An ordinance amending current Council operating procedures has been drafted. Because it cleans up years of past amendments, many ordinances are repealed. The ordinances being repealed are available in Lucy's office but are not included here. Review draft ordinance Finance and Safety recommended ordinance April 8, 2003 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 4/7/03 ITEM NO. 4 a To: City Council From: Lucy Lauterbach Date: April 10, 2003 Subject: Council Oneratinn Procedures Ordinance This ordinance has been a long time in the making. The changes in the ordinance are shown here with underlines. bold (new Ian ua e and The main changes made were in updating the ordinance to reflect current practices of the Council. It has been reorganized to flow more coherently, and the compensation portion of the ordinance was removed and put into a separate ordinance. One of the issues raised in Finance and Safety's discussions was whether a proposed state law mandated setting times on agendas. That bill did not pass, so we have not included it as a mandate here. Another issue was executive sessions, which we now hold on both regular and COW meetings; language was added to specifically include COWs. A third issue was the section on bid awards. In days of old, it was the Council which apparently called for bids, but they have not done so for a very long time. Rather than amending the City Clerk or Public Work sections of the TMC, I added the provisions contractors and bids must follow (Title 39 of the RCW). It is addressed nowhere else in the TMC, and the City Attorney thought it should be. Finally, issues of policy such as speaking procedures including not addressing audience members when speakers address the Council; and committee chairs approving any meeting cancellations, are included. Other changes are clarifications or updates. If this meets with your approval, it can be forwarded to the April 21 meeting for adoption. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,WASHINGTON, SETTING COUNCIL MEETING PROCEDURES AND REPEALING SECTION 1 of ORDINANCE 1770, and ORDINANCE NUMBERS 1637, 1431, 1421 AND 1311; 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 City Council Membership and Meetings 2.04.005 City Council Members The Tukwila City Council shall he comprised of seven members, elected to 4 -year terms at hiennial municipal elections Candidates run for specific open Council positions, and are voted on at large, as provided in RCW Chapter 15A.17. City Council Meetings 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 2.04.40. 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. except 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. i• 1 1 u••,' t• •I•I Additions to current ordinance Dcicti�ua l 2.04.010 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. 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 issne problems of the City, coordinating the work of the City Council, and discussing draft ordinances, resolutions and policy issues in detail. The 4/10/03 1 Committee of the Whole will have no power to take final actions such as voting on a 'notion, adopting ordinances or passing resolutions C. The Committee of the Whole may can 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 i ii a juiut with the mayor and administration in order to establish and understand inutual city goals. A report summarizing the proceedings will be made available following each retreat Nn off ial action will he taken at a retreat. 2. 04.40 Special Meetings Special meetings may be called by the Mayor or any three Council members by written notice delivered to each member of the Council at least 24 (twenty-four) hours before the time specified for the proposed meeting. 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. Consecutive number of years plus broken service years. 3. Number of votes when elected. 11 1 i 1 s 1 i •u11 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. 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 he /she 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 04.050. Presiding officer 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 Council members present, provided there is a quorum B. All Committee of the Whole meetings shall be presided over by the Council President. In the Council President's absence, the Council shall elect a Council member to serve in that capacity until the Council President retums. 4/10/03 2 C The City Clerk, or his /her designee will staff Regular and Special Council meetings and Committees of the Whole In the absence of the Clerk, a Deputy Clerk or other qualified staff member appointed by the Clerk, Mayut, V. Cuw&i.. u) perfo.... tl.c dulico of 1.1...k at auult ...e�ti.. t,. the Mayor or Council may appoint a staff person to act in that capacity: D. The appointment of a Council Member as Mayor Pro Tempore u. Cl erk 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 nn each item from the floor, 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. Section 2 City Council Meeting Procedures I' 1 •i 1 t• 1 u•• All items to be included on the agenda for Council consideration must be submitted to the City preceding each Council or Committee of the Whole 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 the acaiu1 member of the City Council, the City Clerk shall prepare the final agenda, which shall be distributed to the Mayor, Council Members, City Attorney and Department Heads no later than 12:00 p.m. 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. Minut V picviuua 11111111.1 CC kJ f fl it Wllulc i1ILctu% bliall a aslaLlo w i l l t i,, u Clerk in full by 12:00 noon on the 1 1 1. V 2 04.100 APenda 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. Citizen's Comments. To give the audience a chance to comment on items not listed on 4/10/03 3 the agenda. G. Consent Agenda. 1. Contains all consent agenda items approved by the Council President or forwarded by unanimous committee action or from a Committee of the Whole and routine items such as, but not limited to, approval of minutes and approval of vouchers No ordinances; resolutions; hid awards; nr contracts over S50,OOQ can he included nn the cnnsent 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 forwarded 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 RCM/ Title Z 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 it bhall include, but not be limited to: a. LID b. Zoning c. Budget d. Revenue sharing grants e. Annexation f. Moratoria g. Land use actions such as short plats h. Quasi- judicial decisions 2. The following procedures shall apply to public hearings, except public hearing 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. 4/10/03 4 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 requiring a public meeting where a general audience is in attendance to present arguments for or against a public issue: a. A sign up sheet for speakers will he available, and all citizens considering speaking will he asked to write their name and address legibly_ If they speak without signing up, they will he asked to sign in after speaking, b. A person may speak for 5 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. The hearing will then be closed to public participation by Council 'notion and open for Councilmanic discussion. e. Speakers should address their comments to the City Council and should not address other audience members J. Old 1Jnfiniched_Rusiness. 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 Committee rhairpersnn_ sponsor or a designated spokesman of each item will give a presentation. 2. The Council may then question the sponsor or designated spokesman of the presented item. 3. A motion at this time will be in order: a. If a resolution or ordinance, the City Attorney or chairperson may read the item by title only, or if requested by any Council member, the document may be read in its entirety. A motion by Council shall rule. b. The Council, by motion, will dispense with the resolution or ordinance. 4/10/03 5 K. New Business. c. All other items will be dispensed with by Council motion. 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 61d- Business. L. Reports. Reports on special interest items from the Mayor, City Council, staff, City Attorney, and intergovernmental representatives. M. Miscellaneous. 7. 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), 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 Council members, 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 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 or risk of immediate financial loss. In such instances, the CAS summary or staff memo icquinnd by TMC 13. should clearly define why the special procedure is necessary. 4/10/03 6 3. In the event the sponsor of any items to come before the City Council feels it both appropriate and beneficial to the City, he or she may bring such items directly to the Regular Meeting with the concurrence of three Council members for Council deliberation on the appropriateness of that item being 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 or his certification that they are in correct form prior to its 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 this ordinance and will be signed by the Mayor and Council President. The Council may provide for all Council members signing the joint resolution enacted under 2.04.110 G. 2.04.120 Speaking Procedures A. Speaking procedure for agenda items under consideration is as follows: 1. A Council member desiring to speak shall address the chair and upon recognition by the presiding officer shall confine him/her self to the question under debate. Recognition of Council members 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 Council member shall speak a second time on the same motion before opportunity has been given each Council member 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. 4/10/03 7 Section 2.04.110_ Voting, 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 stand and, after recognition, give name and address, and unless further time is given by the presiding officer, shall limit his or her address to five minutes. All remarks shall be made to the Council as a body and not to any individual member, or to any member of 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. A. Silence of a Council member during a voice vote shall be recorded as an affirmative vote except where such a Council member 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 Council members. Section 2.04.140 Executive sessions, The City Council may hold an executive session during a regular meeting, special meeting Dr Committee of the Whole meeting to consider certain matters as set forth in RCW 42. 30.110. 7. 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. 7. 04.160 Adjournment A. Any regular, adjourned regular, special or adjourned special meeting may be adjourned in the manner as set forth in RCW 42. 30.090. 4/10/03 8 B. Council meetings 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 Council members present. Items not acted on by the 11 :00 p.m. deadline shall be deferred to the next respective Council meeting as old business, unless Council, by a majority vote of members present, determines otherwise. Section 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). ,awuu, W.wic•ONaia:,L.k •u a,ul tl•�y bIIall be up i'cnl awu1duig to t Luuc and pact a.,vc Section 3 City Council Committees 2.04.1 R0 Connell Committees and Representatives A. There are established tiic fulkowing four standing committees of the Council that shall consist 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, he /she will ask another Connell member to attend in the absent member's place. The committee chairpersons shall set the agenda of the committee meetings. 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 $25,000, 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 a,.d D 1.4) mt,nc 2. Utilities Committee, which shall consider matters related to water; sewer; electric power; natural gas; telephone; cable television; teleeommnnieatIons; solid waste rednctinq 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 4/10/03 9 4/10/03 matters related to personnel, including but not limited to, the salary grade schedule, position classifications and salary changes in coordination with the Finance Department and City Administrator; and 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 Roark Lodging, Tax Advisory Board, and Sister City Committee 3. Community Affairs and Parks Committee, which shall consider matters related to the planning of the physical, economic, economic development, aesthetic, cultural and social development of the city zoning code, building code, comprehensive plan, zoning code, code enforcement, sign code and annexation policies, pattrncut ufCuuu Dsvclopuaut, Human Services, Planning Commission, Aits Community Promotion Commission, Board of Adj"astment, and Sisk. Cities C.,uuuittL,t.,, and shall consider matters relating to parks and park plans, recreation facilities and community celebration activities, in coordination with the Parks and Recreation Department, the Department of Cnmmnnitv_Develnpment the Community Promotion Commission, and the Parks Commission. 13. 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. by tlu.l.cgula. of caul. ycau. Thca.. ag....siI..a may i..clu& tin. Fuggy vmu.y t..wain t.,c l u. tin. 1 1 u[Scatllu. 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. Committee chairpersons can may review and approve their committee agendas and will approvecommittee minutes before distribution. IInbndgeted request forma I' i..autA„ should be signed by Finance and Safety Committee members when the committee approves unbudgeted items. .1 1 1 ..1 all 1 .1 agc.. at.d ...uuu J of wuu.ullce u.cclu.ga. 2.04.190 Filling Council Vacancies If a vacancy occurs in the office of Council member, 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 Council member. 10 4 10( 03 As a 11 1 2003 2005 2606 2607 IONS ,7 x/1/02- 12/3 $3,490 *Mee $3-400 $5. POSITIONS 2,4.6 pj �.uYYO��Y UOYU, vY VlYaVO• 1/1/04- 12/31/07 $3,460 $-4,2,50 $4,675 $5,142 $5 y 0 :f u iaw .d 1!!CJit,a all 'ac pai forscparately. Section 4. Repealer. Section 1 of Ordinance 1770, and Ordinance Numbers 1617, 1431, 1471, and 1311 are berehyrepealed. Section 5 Severability If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 6 F.ffertive 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 (5) days after passage and publication as provided by law. 4/10/03 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, SETTING COUNCIL MEETING PROCEDURES AND REPEALING ORDINANCE NUMBERS 1637, 1431, 1421 AND 1311; 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: 2.04.005 City Councilmembers The Tukwila City Council shall be comprised of seven members, elected to four-year terms at biennial municipal elections. Candidates run for specific open Council positions, and are voted on at large, as provided in RCW Chapter 35A.12. 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 2.04.40. 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. except 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. 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 such as 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. The City Clerk, or his/her designee will staff each Regular and Special Council meeting and Committee of the Whole. Results of the Committee of the Whole's retreats will be discussed with the Mayor and administration in order to establish and understand mutual City goals. A report summarizing the proceedings will be made available following each retreat. No official action will be taken at a retreat. Council Meeting Procedures 1 1 2.04.40 Special Meetings Special meetings may be called by the Mayor, or any three Councilmembers by written notice delivered to each member of the Council at least 24 hours before the time specified for the proposed meeting. 2.04.050 Quorum At all meetings of the City Council, four members shall constitute a quorum for the transaction of business. 204.060 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. Consecutive number of years plus broken service years. 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. B. In the absence of the Mayor, the Council President shall become the Mayor Pro Tempore or Qerk 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 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 the Council President's absence, the Council shall elect a Councilmember to serve in that capacity until the Council President returns. C. The City Qerk, or his /her designee will staff each Regular and Special Council meeting and Committee of the Whole. In the absence of the Clerk, a Deputy Clerk or other qualified staff member appointed by the Clerk, Mayor, or Council may perform the duties of Clerk at such meeting, or 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 from the floor, 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 or Committee of the Whole 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 Council Meeting Procedures 2 2 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. 2.04100 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 or forwarded by unanimous ttee action or from a Committee of the Whole 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 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 without a formal motion. That item will, by automatic procedure, be forwarded 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, moratorium, land use actions such as short plats, 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 requiring a public meeting where a general audience is in attendance to present arguments for or against a public issue: Council Meeting Procedures 3 3 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. The hearing will then be closed to public participation by motion of the Council and open for Councilmember discussion. e. Speakers should address their comments to the City Council and should not address other audience members. No disparaging remarks, no rebuttal to opponents. 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 ttee chairperson, sponsor or a designated spokesman of each item will give a presentation. 2. The Council may then question the sponsor or designated spokesman of the presented item 3. A motion at this time will be in order: a. If a resolution or ordinance, the City Attorney or chairperson 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. b. The Council, by motion, will dispense with the resolution or ordinance. c. All other items will be dispensed with by Council motion. 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. 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 tee 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 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. Council Meeting Procedures 4 4 2. An emergency condition exists that represents a personnel hazard 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 for Council deliberation on the appropriateness of that item being 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 prior to its 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. 1-1. Joint resolutions will be subject to the voting rules in TMC B. 04190 in this ordinance and will be signed by the Mayor and Council President. The Council may provide for all Councilmembers signing the joint resolution enacted under 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 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 stand, 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. Council Meeting Procedures 5 5 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 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 Regular, adjourned Regular, Special or adjourned Special Meeting may be adjourned in the manner as set forth in RCW 42.30.090. B. Council meetings 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 old 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 —fled by Robert's Rules of Order, Newly Revised (latest edition). 2.04.180 Council Committees and Representatives A. There are established four standing committees of the Council that shall consist 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 the absent member's place. The committee chairperson shall approve of all cancelled meetings before their cancellation. The committee chairpersons shall set the agenda of the committee meetings. The standing committees shall consider and may make policy and legislative ,....endations 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 $25,000, 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. Council Meeting Procedures 6 6 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 and City Administrator; and 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, Lodging, Tax Advisory Board, and Sister City Committee. 4. Community Affairs and Parks Conunittee, which shall consider matters related to the planning of the physical, economic, economic development, aesthetic, cultural and social development of the City zoning code, building code, comprehensive plan, code enforcement, sign code and annexation policies, in coordination with the Department of Community Development; Human Services, Planning Commission, Arts Community Promotion Commission, Board of Adjustment, and Sister Cities Committee; and shall consider matters relating to parks and park plans, recreation facilities and community celebration activities, in coordination with the Parks and Recreation Department, the Department of Community Development, the Community Promotion Commission, and the Parks 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 committe s 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 rec........:...dation. D. Committee chairpersons may review and approve their committee agendas and will approve committee minutes before distribution. Unbudgeted request forms should be signed by Finance and Safety Conunittee members when the committee approves unbudgeted items. 2.04.190 Filling Council Vacancies 1f 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 1637, 1431, 1421, and 1311 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 CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2003. ATTEST/ AUTHENTICA l ED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Council Meeting Procedures 7 Steven M. Mullet, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: 7 Finance and Safety April 7, 2003 Present: Joe Duffle, Chair; Jim Haggerton, Richard Simpson Keith Haines, John McFarland, Rhonda Berry, Officer Steve Forney, Alan Doerschel, Jane Cantu, Lucy Lauterbach; Dennis Robertson Unlawful Racing Ordinance Steve and Keith talked about the problems the City has had in past years with racers using Tukwila streets to race on. Keith said they wanted to act before the warm weather starts and before S. 180`h opens. Steve said there is a subculture of kids who follow certain races. People come to watch the races, too, coming from as far as Bremerton and Silverdale. If the City can ticket a person for racing and put a SOAR (Stay out of Areas of Racing) order on them, that person can be arrested if he or she shows up again at a race. Because people come to watch the races, police want to stop the watchers, which might be an attractant for kids to race for. Richard asked if we could work with Kent, which already has an anti racing ordinance. Keith said we couldn't, according to state law. Joe asked if we could fine the racers, and Steve answered that the first ticket is a misdemeanor, and the city can impose any traffic fine if they catch the racers breaking a traffic law. The second violation has stiffer penalties. There are now groups of hundreds of cars at once on West Valley when there is a race. They pull into the 7 -11 there, and trash the parking lot with beer bottles and trash. Dennis asked if the city could impound cars, and John said he thought not. Some spelling errors need to be fixed in the draft ordinance. Recommend ordinance to COW. Replacement of Police Car Dave Haynes was rear ended while driving his police car home. The car was totaled by a drunk driver who has no insurance. A new car will cost $22,500, and needs to be purchased through the State by April 8` or April 22 Because funding is available in the 501 equipment purchase fund, Alan said the committee could approve the purchase. The City will pay only $1,000; the rest will come from insurance, though we'll try to get it repaid by the driver. Committee approval of unbudgeted car purchase. Southwest King County Chamber Contract John said it was late to get a contract from the Chamber, but that the contract was the same as last year's contract. As the Tourism Marketing branch of the Chamber is growing, the Chamber supports that function and acts as an information system for other issues as well. The scope of services was fine with the committee. Alan said the cost for the contract has not risen from $20,000 for several years. Recommend to COW and Council for approval. AC Council Operating Procedures Lucy introduced the ordinance updating the Council operating procedures. It has been organized somewhat differently, and has been updated to reflect current procedures. The committee went through the ordinance page by page, with Jane providing commentary on several pages. They talked about removing the bid section in the procedures, and about checking on whether we needed to add time to agenda items according to a new state law. Dennis wanted to be sure speaking procedures included prohibiting people addressing other people in the audience rather than the Council. Recommend ordinance to the COW and Council for approval.