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01-10-2005 -0 • TO: Andrew G Pasmant, City Manager and the City Council FROM: Arnold M. Alvarez-Glasman City Attorney City of West Covina Memorandum AGENDA ITEM NO. II-B DATE January 10, 2005 SUBJECT: AMENDMENT TO WEST COVINA MUNICIPAL CODE, SECTION 2-44 RELATING TO MOTIONS FOR RECONSIDERATION AND MOTIONS TO RESCIND OR AMEND SOMETHING PREVIOUSLY ADOPTED RECOMMENDATION: It is recommended that the City Council introduce the following ordinance amending West Covina Municipal Code, Section 2-44, relating to motions to reconsider and motions to rescind or amend something previously adopted. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 2, SECTION 2-44 PERTAINING TO MOTIONS TO RECONSIDER AND MOTIONS TO RESCIND OR AMEND SOMETHING PREVIOUSLY ADOPTED '' DISCUSSION: At previous City Council meetings, Councilmember Herfert requested an analysis be made of the West Covina Municipal Code and the provisions of the Robert's Rules of Order in order to evaluate the consistency in the area of motions to reconsider. This matter was last considered by the City Council at the December 21, 2004 City Council meeting and direction was provided to the City Attorney's office to return with the appropriate amendment to the Municipal Code. The West Covina Municipal Code, Section 2-44 currently provides: Sec. 2-44. Motion to Reconsider. A motion to reconsider any action taken by the council may be made only immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a member has the floor. It shall be debatable. Nothing herein shall be construed to prevent any member of the council from making or remaking the same or any other motion at a subsequent meeting of the council. (emphasis added.) The change to Section 2-44 as requested results in deleting the language, "Nothing herein shall be construed to prevent any member of the council from making or remaking the same or any other motion at, a subsequent meeting of the council. " from this Section. If this language is removed the rules of Robert's Rules as provided in WCMC, Section 2-33 and this Section 2-44 would apply for future matters. Additionally, during last review by the City Council it was requested that the area of motions to rescind be analyzed. Language has been added which reads, "Notwithstanding the provisions of Roberts Rules of Order, any motion to rescind or motion to amend something previously adopted may only be made by a member who voted with the prevailing side. " This addresses the issue of motions to rescind and motions to amend something previously adopted. If these changes to the municipal code are adopted the following rules would apply: WC WCMC 2-44 AR AMAG 010305 i Andrew G. Pasmant, City Manager and the City Council January 3, 2005 Page 2 • Motions to Reconsider ✓ Could only be made at the same meeting or at an adjourned meeting, but could not be made at a subsequent new regular meeting. ✓ Could only be made by a member who voted with the prevailing side. ✓ Requires a simple majority vote. V • Motions to Rescind or Amend Something Previously Adopted ✓ This motion would result in a prior action being canceled or amended. ✓ Can be made at any subsequent meeting, but must be made by a member who voted with the prevailing side. (This differs from Roberts Rules of Order which allows any member to make motion.) ✓ Would require advance notice (pursuant to the Brown Act) and with prior notice requires a majority vote. FISCAL IMPACT: No direct fiscal impact, however, if a change is made limiting the method and number of motions for reconsideration, staff time would be reduced by not requiring the preparation of agenda reports in order to provide the requested information on the reconsidered matters. Prepared by: Arnold M. Alva-Glasman, City Attachment 1: Ordinance WC Robert's Rule AR AMAG 010305 ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 2, SECTION 2-44 PERTAINING TO MOTIONS TO RECONSIDER AND MOTIONS TO RESCIND OR AMEND SOMETHING PREVIOUSLY ADOPTED. WHEREAS, the City of West Covina pursuant to Chapter 2, Section 2-44 of the West Covina Municipal Code currently permits a motion to reconsider at any subsequent meeting of the City Council, and WHEREAS, the City Council of the City of West Covina desires to amend this section to delete certain language of Section 2-44 in order to apply the standards set forth in Robert's Rules of Order pertaining to motions to reconsider and as sanctioned by West Covina Municipal Code, Section 2-33, and WHEREAS, the City Council of the City of West Covina wishes to limit the manner in which motions to rescind or motions to amend something previously adopted are presented. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2, Section 2-44 of the West Covina Municipal Code is hereby amended to read as follows: Sec. 2-44. Motion to Reconsider/Motion to Rescind or Amend Something Previously Adopted. A motion to reconsider any action taken by the council may be made only immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made:by one of the prevailing side, but may be seconded by any member, and maybe made at any time and have precedence over all other motions or while a member has the floor. It shall be debatable. Notwithstanding the provisions of Roberts Rules of Order, any motion to rescind or motion to amend something previously adopted may only be made by a member who voted with the prevailing side. SECTION 2. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. APPROVED and ADOPTED this day of January 2005. Mayor Michael L. Miller ATTEST: Deputy City Clerk Susan Rush I, Susan Rush, Deputy City Clerk of the City of West Covina, do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the day of January 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Deputy City Clerk Susan Rush APPROVED AS TO FORM: City Attorney Arnold Alvarez-Glasman -- ��.� +�. iY rnn ocoata441ti JOt1NNE WAIVER Sue Rush Deputy 9 001 l U Dt;13LTt �' Clty Cierk, S, j.1,san ITZi sli Please read this oraity into the record for me. ---------------- ----------------------------- RE 1/4/05 Agenda Item B-1 Amendment to section 2-44 of the WCMC My name is Joanne Wilner, West Covina. Happy New' Year to all of you. I hope that this will be a year of peace and tranquility throughout the world, but especially here in this room. To change the Code in the manner being considered tonight would be a grave mistake. Doing so would lock into permanent place every code written, since all codes are decided by the Council. The Cities ordinances and policies would stagnate and could not be updated. i don't think this is what you really want to do. One is supposed to learn from, ones mistakes and make necessary corrections. We should not have to live with bad decisions made in the past. You are usurping the rights of each Council person to act on behalf of those citizens that elected her/him for the betterment of the City. Recently you suggested looking at the sign ordinance with intention of amending it. Probably none of you were on the Council at the time it was last amended. Assume not. Since no one was, then no one can bring up this ordinance for amendment. If you want to have any limitation on rescinding and amending, you might consider a time frame of 60 days, 6 months, or a year must lapse before any change could be suggested by any Council person. Though I am not an attorney and this report is being submitted by the city attorney, I really believe what you are attempting to do tonight is illegal.