CC - Item 5A - Procedures for Preparations of Agendas• •
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, INTERIM CITY MANAGER GA;-Ger.:
DATE: AUGUST 28, 2007
SUBJECT: PROCEDURES FOR PREPARATION OF AGENDAS
SUMMARY
On several occasions, City Council members and staff have made inquiries and/or
questioned the current procedure for constructing agendas in advance of a City Council
meeting. The proposed ordinance is meant to address these concerns.
The current code provisions for setting and preparing City Council meeting agendas is
found in Section 2.04.050 of the Rosemead Municipal Code ("RMC"). The current
provision sets forth an insufficient amount of time for staff to receive important reports
and communications, review such documents, and utilize them to construct and deliver
agendas to the City Council and the public.
The current language of Section 2.04.040 states that any person "having any reports,
communications or other matters to be presented at a Council meeting shall notify the
City Clerk of that fact and the subject thereof in writing before noon of the Thursday
preceding the day of such meeting, whereupon the City Clerk shall prepare an agenda
setting forth such matters and the nature thereof Furthermore, the current Section
2.04.050 provides that "[t]he City Clerk shall, not later than Friday preceding such
meeting, cause one copy thereof to be delivered to each councilmember." Thus, the
current code provision essentially (and in practice) gives only one day for staff to
receive reports and communications, review them, and then construct an agenda
accordingly. The short time frame set forth in the current Section 2.04.050 places a
difficult administrative burden on staff and provides a relatively short time for staff to
confer with the City Manager, Mayor, and Council members, prior to preparing and
delivering an agenda for City Council meetings.
Consequently, staff has prepared an ordinance to provide for a greater amount of lead
time for reviewing materials and preparing agendas. The proposed ordinance, which
would replace the current one, would require that all items originating from staff be
submitted to the City Manager at least 8 days prior to the City Council meeting. All
items originating from City Council members are likewise required to be submitted no
later than 8 days prior to the City Council meeting. The City Manager, in consultation
with the Mayor, will then have 5 days to construct the agenda before delivering the
agenda to City Council members and posting the agenda to the public.
APPROVED FOR CITY COUNCIL AGENDA:
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City Council Meeting
August 28, 2007
Page 2 of 2
The proposed ordinance recognizes that special circumstances, occasions and needs
will necessitate that staff and the City Council members deliver reports and
communications for the agenda later than 8 days before the City Council meeting. In
such circumstances, the City Manager and Mayor may approve items for late inclusion
or determine that the items be placed on the agenda of a subsequent meeting. In any
event, a majority of City Council members may always request that an item be placed
on the agenda.
The proposed ordinance was prepared following a review of procedural ordinances
adopted by other public entities, many of which have adopted similar rules and
procedures. These rules are meant to ease the administrative burden which the current
short time frames create, and are meant to enhance the efficiency and decorum of City
Council meetings.
Staff Recommendation
Staff recommends that the City Council hold the noticed public hearing, receive public
comment, receive City Council input, and introduce Ordinance No. 855
LEGAL REVIEW
This staff report and the attached ordinance have been reviewed and approved by the
City Attorney.
Submitted by:
T 0 NNY 6-a-
Bonny Garcia
City Attorney
Attachment A - Ordinance No. 855
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ORDINANCE NO. 855
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AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, RELATING TO
PROCEDURES FOR PREPARATION OF AGENDAS.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.04.050 of Chapter 2.04 of Title 2 of the Rosemead
Municipal Code is hereby amended and restated to read as follows:
2.04.050 Preparation of agendas for meetings.
The City Manager, in cooperation with the Mayor, shall prepare the agenda
for each meeting of the City Council. In preparation of such agenda, the
following shall apply:
A. All items originating from the staff shall be submitted to the City
Manager at least eight (8) days prior to the City Council meeting.
B. Any member of the City Council who wishes to may submit items
for the agenda to the City Manager at least eight (8) days preceding
the scheduled regular meeting.
C. Members of the public may submit items for the agenda in
accordance with regulations formulated by the City Manager.
D. The agenda shall be closed to additional items eight (8) days prior
to the City Council meeting. Items submitted by staff or a member
of the City Council after the time that the agenda is closed to
additional items may, at the City Manager's and Mayor's discretion,
be approved for late inclusion on the agenda or may be considered
for the next or subsequent regular meeting of the City Council.
E. The City Manager, in consultation with the Mayor, shall arrange a
list of the matters to be brought before the City Council and shall
construct the agenda pursuant to such list. The construction of the
agenda shall be subject to final approval by the Mayor. Any item
requested by a majority of the members of the City Council shall be
included on the agenda.
F. All items submitted after the printing of the agenda and approved
as an item for the agenda in accordance with subsections D and E
of this section shall be printed as an addendum to the agenda, and
must be in compliance with the Ralph M. Brown Open Meeting Act,
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G. The agenda and any addendum to the agenda must be delivered to
the City Council no later than seventy-two (72) hours prior to the
regular scheduled meeting or twenty-four (24) hours prior to a
special meeting.
H. No matter may be considered by the City Council other than those
matters on the agenda and any addendum to such agenda, except
as provided by applicable provisions of law.
This section shall not apply to oral communications from the
audience when a City Council meeting is in session.
J. The City Manager may formulate such regulation(s) as necessary
to implement this section.
SECTION 2. This ordinance shall go into effect and be in full force and operation
from and after thirty (30) days after its final passage and adoption.
SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this ordinance, is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance. The City Council
hereby declares that it would have adopted this ordinance, and each section,
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective
of the fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. The City Clerk shall certify as to the adoption of this ordinance and
shall cause the same to be published within fifteen (15) days of the adoption and
shall post a certified copy of this ordinance, including the vote for and against the
same, in the Office of the City Clerk, in accordance with Government Code
Section 36933.
PASSED AND ADOPTED this day of August, 2007.
John Tran
Mayor
ATTEST:
Nina Castruita
City Clerk
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