CC RES 2012-038 RESOLUTION NO. 2012-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES AMENDING THE CITY COUNCIL RULES OF
PROCEDURE.
WHEREAS, on February 21, 2012, the City Council formed the Council Rules
and Protocol Ad Hoc Subcommittee, consisting of Mayor Misetich and Councilwoman
Brooks, which was tasked with the promulgation of comprehensive revisions to the City
Council Rules and Procedure; and,
WHEREAS, on March 20, 2012, the City Council amended the Rules of
Procedure to make changes to Section 5 (Order and Preparation of Agenda),
recognizing that in all likelihood, they would be amended again; and,
WHEREAS, the Subcommittee and the City Council have actively sought input
on the proposed revisions to the City Council Rules of Procedure from the City's
residents and from members of its advisory boards; and,
WHEREAS, the City Council now desires to amend said Rules of Procedure,
based upon this input.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the City Council Rules of Procedure are hereby revised to read
as described in the attached Exhibit `A,' which is made a part hereof by this reference.
PASSED, APPROVED and ADOPTED this 29th d f May 2012.
M yor
Attest:
(4,(14t, MB4A4th
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2012-38 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on May 29, 2012.
"AA. l ..
City Clerk
RANCHO PALOS VERDES
CITY COUNCIL
RULES OF PROCEDURE
LAST AMENDED: May 29, 2012
Resolution No. 2012-38
Exhibit A
Page 1 of 18
Table of Contents
Subject Page
1. Authority 4
2. General Rules 4
2.1 Quorum 4
2.2 Vacancy by Unexcused Absence 4
2.3 Minutes of Proceedings 4
2.4 Right of Floor 4
2.5 Rules of Order 4
2.6 City Manager 4
2.7 City Attorney 5
2.8 City Clerk 5
2.9 Deputy City Manager/Department Heads/Employees 5
3. Types of Meetings 5
3.1 Public Meetings 5
3.2 Regular Meetings 5
3.3 Adjourned Meetings 6
3.4 Special Meetings 6
3.5 Closed Session Meetings 6
3.6 Study Session Meetings 6
3.7 Media Attendance 7
3.8 Recess 7
3.9 Redevelopment Successor Agency and Improvement Authority Business 7
3.10 Civic and Other Events 7
4. Duties of the Mayor 7
4.1 Election of the Mayor 7
4.2 Mayor Pro Tem 8
4.3 Presiding Officer 8
4.4 Call to Order 8
4.5 Preservation of Order 8
4.6 Point of Order 8
5. Order and Preparation of Agenda 8
5.1 Order of Business 9
5.2 Agenda Distribution 9
5.3 Agenda Posting 9
5.4 Minutes 9
5.5 Public Comments(see Citizens' Rights in Section 6) 10
5.6 Public Hearings 10
5.7 Consent Calendar 10
5.8 City Council Oral Reports 10
5.9 Actions Limited to Posted Agenda 10
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Exhibit A
Page 2 of 18
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RULES OF PROCEDURE
1. AUTHORITY
As provided by Government Code Section 36813,the City Council hereby establishes these Rules of
Procedure for the conduct of City Council meetings. These Rules shall be in effect upon the adoption by
City Council and until such time as they are amended or new rules are adopted in the manner provided by
these Rules.
2. GENERAL RULES
2.1 Quorum
Three members of the Council shall constitute a quorum necessary to transact business. In the event a
quorum is not in attendance,the City Clerk will adjourn the meeting to a later set time.
2.2 Vacancy by Unexcused Absence
If a City Council member is absent without permission from all regular City Council meetings for 60 days
consecutively from the last regular meeting s/he attended,his/her office becomes vacant and shall be
filled as any other vacancy, as provided by Government Code Section 3 6513.
2.3 Minutes of Proceedings
An account of all public proceedings of the City Council shall be recorded by the City Clerk or his/her
designee and entered into the official minute books of the Council.The minutes shall be prepared as
expeditiously as possible and should be presented within 60 days of the meeting. Draft Minutes will be
available to the public prior to approval by the Council.
2.4 Right of Floor
Any Councilmember desiring to speak shall first be recognized by the Mayor and shall confine any
remarks to the subject under consideration.
2.5 Rules of Order
In all matters and things not otherwise provided for herein,the proceedings of the Council shall be
governed by"Rosenberg's Rules of Order." If a particular issue is not addressed by"Rosenberg's Rules
of Order,""Robert's Rules of Order"will be utilized instead; however, no ordinance, resolution,
proceedings or other action of the City Council will be invalidated,or the legality thereof affected, by the
failure or omission to observe or follow said Rules. In the event of a conflict between the City's
Municipal Code and/or these Rules of Procedure with Rosenberg's or Robert's Rules of Order,the
provisions of the City's Municipal Code,which is paramount, and/or these Rules, as applicable, shall
govern.
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Exhibit A
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2.6 City Manager
The City Manager reports to and serves at the pleasure of the City Council. The City Manager shall attend
all meetings of the Council unless excused, and in his/her absence,the Deputy City Manager or Acting
City Manager shall substitute. The City Manager may make recommendations and shall have the right to
take part in all discussions of the Council, but shall have no vote.
The duties of the City Manager are set forth in Chapter 2.08 of the Rancho Palos Verdes Municipal Code
The City Manager shall ensure that staff maintains and implements the policies and direction of the
Council in an open and transparent manner.
2.7 City Attorney
The City Attorney reports to and serves at the pleasure of the City Council. The City Attorney shall attend
all meetings of the Council unless excused, and in his/her absence,the City Attorney shall make
arrangements for a qualified substitute attorney. The City Attorney, upon request, shall give opinions,
either written or oral, on questions of law and shall act as the Council's parliamentarian.
2.8 City Clerk
The City Clerk or his/her designee shall attend all meetings of the Council unless excused by the City
Manager, and in her/his absence,the Deputy City Clerk shall substitute. The City Clerk shall record,
prepare and maintain the official record of the Council and perform other related duties as prescribed by
the Council and/or City Manager.
2.9 Deputy City Manager/Department Heads/Employees
The Deputy City Manager, Department Heads and other city employees, as directed by the City Manager,
shall attend Council meetings.
3. TYPES OF MEETINGS
3.1 Public Meetings
All meetings(except closed sessions as provided by State law)of the Council shall be open to the public.
3.2 Regular Meetings—Municipal Code Section(MC §)2.04.020
The City Council shall meet in the City Council Chambers located at Fred Hesse Community Park,29301
Hawthorne Boulevard, for all regular meetings. Regular meetings of the City Council shall be held on the
first and third Tuesday of each month at the hour of 6:00 p.m. in the Council Chambers except as follows:
1. When a Rancho Palos Verdes municipal election is conducted in the City on the first or
third Tuesday of any month,the meeting shall be held on the next succeeding day that is not a holiday.
2. When an official City holiday falls on the first or third Tuesday of any month,the
meeting shall be held on the next succeeding day that is not a holiday. Only closed sessions and study
sessions may be held between 6:00 p.m. and 7:00 p.m.,unless a regular meeting is adjourned to, or a
special meeting is called for, such time. No study session or closed session will be held during such hours
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Exhibit A
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unless the agenda is posted at least seventy-two hours prior to the meeting as required by Government
Code Section 54954.2.
The City Council will adjourn its meetings on or before 11:00 p.m. and will not consider new business
items after 10:15 p.m., unless the majority of the Council members who are present affirmatively vote
either to extend the meeting after 11:00 p.m. or to consider new business after 10:15 p.m. If the meeting
ends before all of the items listed on the agenda are completed, any unfinished business will be continued
to the next succeeding day that is not a holiday, at a location to be determined. The City Clerk, or his or
her deputy,will post notice of any continued hearing or other unfinished business, as required by law, and
promptly also post such continuation on the City's website.
3.3 Adjourned Meetings-MC § 2.04.030
Any meeting of the City Council may be adjourned to a later date,place and time, provided no
adjournment is for a longer period than the next regularly scheduled meeting.
3.4 Special Meetings-MC § 2.04.040
Special meetings may be called by the Mayor or by a majority of the Council members. The notice for a
special meeting must specify the subject(s)to be considered. In accordance with Government Code
Section 54956,twenty-four hours notice must be given prior to the meeting; only the matters specified in
the notice may be discussed at special meetings.
3.5 Closed Session Meetings—MC § 2.04.050
Closed(or executive) sessions may be held in accordance with the provisions of the Brown Act. The City
Attorney shall attend all closed sessions either in person or telephonically,unless his or her performance
is being reviewed. Closed sessions shall be presided over by the Mayor, or the Mayor Pro Tem in the
Mayor's absence,with the presentation of information by the City Attorney and/or City Manager and City
Staff with discussion and decisions by the City Council, in accordance with the provisions of the Brown
Act.
3.6 Study Sessions
The City Council shall hold a regularly scheduled and agendized Study Session between 6:00 pm and
7:00 pm at the second regularly scheduled monthly City Council meeting. The Council also may meet for
special Study Sessions called by the Mayor or the majority of the Council members. Study Sessions are
open to the public, are considered"meetings"for the purposes of the Brown Act and will be video
recorded and posted on the City's website. The primary purpose of the Study Session is to provide an
opportunity for the Council members to interact freely and informally, ask questions and discuss policy
items that are listed on the agenda for that specific Study Session. The City Council will also provide
direction to Staff regarding upcoming agenda items and tentative agendas, including prioritization of
agenda items that are listed on the agenda for that specific study session. No action shall be taken during
any Study Session unless the agenda so provides.
If a Council member wishes to have the City Council prioritize an agenda item that he or she has raised
previously as a future agenda item,then the Council member shall submit to the City Manager a one to
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Exhibit A
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two page memorandum briefly describing the proposed agenda item, including the requested action and
the rationale and facts supporting the agenda item by the deadline when items are to be submitted for
inclusion in the agenda packet for the Study Session. Once that memorandum is submitted to the City
Council,the City Council will prioritize the item for placement on a future agenda, in accordance with the
procedure discussed above.
3.7 Media Attendance
Except for closed sessions, all meetings of the City Council and City Boards, Committees and
Commissions shall be open to the media, and may be recorded by tape,radio,television, or photography,
provided such recordings do not interfere with the orderly conduct of the meetings.All City Council
meetings, except for closed sessions, shall be televised and broadcast live during the meeting whenever
possible and in accordance with the City's contract with the company providing broadcast services; a
replay shall be broadcast on the governmental access channel at least one time during the seven(7)day
period following the meeting. Archived recordings of Council meetings shall be maintained by the City
Clerk's office for a period of not less than 30 years.
3.8 Recess
Once every hour and one-half, or as Council business permits,the Council shall recess for a period of
time specified by the Mayor.
3.9 Redevelopment Successor Agency and Improvement Authority Business
Unless otherwise directed by the City Council,upon adjournment of the City Council meeting held on the
first Tuesday of each month,the City Council will meet as the Successor Agency to the Rancho Palos
Verdes Redevelopment Agency and then as the Rancho Palos Verdes Improvement Authority.
3.10 Civic and Other Events
If a quorum or more of the Members of the City Council will attend an event where City business will be
discussed, Council Members shall notify the City Attorney and either the City Clerk or City Manager so
that the event can be noticed as a City Council meeting, in accordance with the provisions of the Brown
Act, if required under the Brown Act as determined by the City Attorney. This Section is not intended to
expand the application of the Brown Act to social, ceremonial or other occasions that are set forth in
Government Code Section 54952.2. City expenditure for other invited guests(as permitted by State law)
must be approved by the City Council at a regularly scheduled City Council meeting that is held in
advance of the event.
4. DUTIES OF THE MAYOR
4.1 Election of the Mayor
The Mayor is a member of the City Council and is annually elected by majority vote of the City Council
at the first regular meeting in December or, in the case of an election year, upon certification of the
election results. The Mayor serves as Mayor at the pleasure of the City Council. As a member of the City
Council,the Mayor shall have all the powers of a member.
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4.2 Mayor Pro Tem
The Mayor Pro Tem shall be selected by a Council majority vote. The Mayor Pro Tern serves as Mayor
Pro Tern at the pleasure of the City Council.
4.3 Presiding Officer
The Mayor, if physically present, shall preside. In the Mayor's absence,the Mayor Pro Tern shall
preside. In the absence of both,the Council members present shall elect a Presiding Officer.
4.4 Call to Order
The Mayor or Mayor Pro Tern shall call the meeting to order at the hour appointed. In the absence of
both,the meeting shall be called to order by the City Clerk and those Council members present shall
proceed to elect a temporary Presiding Officer.
4.5 Preservation of Order
The Mayor shall preserve strict order and decorum,shall prevent disruptive verbal attacks by or on
Council members, staff and/or citizens, shall confine debate to the item under discussion, and shall
discourage debate between Council members and persons addressing the Council.
4.6 Point of Order
The Mayor shall determine all points of order, subject to the right of any member to appeal. If an appeal
is taken,the question shall be, "Shall the decision of the Mayor be sustained?"
5. ORDER AND PREPARATION OF AGENDA
Pursuant to the direction of the City Council from a prior Study Session held in accordance with Rule 3.6
or at another duly noticed City Council meeting,the City Manager prepares the agenda, including the
order and priority of agenda items. The City Manager will be responsible for providing an estimate of the
time that should be required for the City Council to review, consider and take action regarding each
agenda item. Care must be exercised so that the items that will be addressed on each Council agenda can
be completed within the designated four-hour time limit for City Council meetings pursuant to Section
3.2.
The City Manager shall advise Council members of the status of tentative agendas for upcoming meetings
on a weekly basis, including the need, if any,to move an item to another agenda or to add a new agenda
item due to time constraints, deadlines or other circumstances that were not anticipated at the time of the
last directive from the City Council.
All agenda items shall be accompanied by a staff report, including any recommendations from
Committees and Commissions on a particular item. To enable the City Council to make informed
decisions,the City Manager is responsible for providing staff reports to the City Council with sound,
professional recommendations supported by thorough and impartial analysis that include pertinent facts
and the pros and cons of the recommended course of action. Should occasions arise where that is not
possible,the City Manager will so advise the City Council. Should a Council member choose to prepare
a report for an agenda item that he or she has requested, it shall be submitted to the City Manager by the
same deadline that the other agenda reports are to be submitted for inclusion in the agenda packet.
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When an individual Council member wishes to place an item on a future agenda,he or she first must raise
the issue at a City Council meeting during the agenda section entitled"Future Agenda Items." No vote is
required to place an item on the agenda.However, if the City Council deems an item to be urgent,the
City Council may direct that the item be placed on the next agenda rather than having it prioritized during
an upcoming Study Session pursuant to Rule 3.6.
5.1 Order of Business
1. Call to Order, Roll Call,Pledge of Allegiance
2. Ceremonial
3. Mayor's Announcements
4. Recycling Drawing
5. Approval of Agenda
6. Public Comments
7. City Manager Reports
8. Consent Calendar
9. Public Hearings
10. Regular Business
11. Future Agenda Items
12. City Council Oral Reports
13. Closed Session Report
14. Adjournment
5.2 Agenda Distribution
The Agenda shall be delivered to the Mayor and Council members as soon as practicable on the Thursday
preceding the Tuesday meeting when that agenda will be considered. The agenda shall be posted on the
bulletin board at City Hall and on the City's website at the same time that it is distributed to Council
members. The full agenda packet, including staff reports, shall be made available to the public, in
accordance with the provisions of the Brown Act and by posting it on the City's website within 24
hours of delivery of the packets to Council members. Agenda packets shall be delivered to
Council members not later than seventy-two hours prior to the regularly scheduled meeting.
5.3 Agenda Posting
The City Clerk shall post, in a location that is freely accessible to members of the public and on the City's
website, an agenda at least 72 hours before a regular meeting. The agenda shall specify the time and
location of the meeting and contain a brief description of each item of business to be transacted or
discussed.
5.4 Minutes
Unless requested by Council, minutes may be approved without reading if the City Clerk previously
furnished a copy to each member.
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5.5 Public Comments-(see Citizens' Rights in Section 6)
During Public Comments any person may address the Council, provided that the item is within the subject
matter jurisdiction of the Council and is not otherwise on the agenda.
5.6 Public Hearings
Items requiring a Public Hearing will be published and/or mailed to property owners as required by law.
5.7 Consent Calendar
Items listed under the Consent Calendar are those items staff believes will not require Council discussion
and are considered ministerial,routine, and/or of a periodic or recurring nature. The Consent Calendar
may contain resolutions confirming prior Council action; however,the Consent Calendar is not for new
policies that have not been discussed previously by the City Council. Such items, or any item that is
anticipated to require discussion by the City Council, should be placed under the business item entitled
Regular Business.
Any member of the Council may remove an item for discussion or clarification. Items removed from the
Consent Calendar will be heard after the Regular Business section of the agenda, unless otherwise
directed by the City Council. If an item has been removed from the Consent Calendar, and a member of
the public has requested to speak to that item,the item shall be heard immediately after the Consent
Calendar.
5.8 City Council Oral Reports
City Council Oral Reports are short summaries of matters a Councilmember has attended as an elected
official of the City. The Mayor may, with the consent of the City Council, limit the time for such reports
or defer them to a future meeting,provided that the Councilmember's legal reporting obligations are met.
Council members are required to provide a brief oral report on their attendance at any meetings where
City funds have been expended. Detailed reports should be made in writing. Written reports will be
posted on the City's website. Reports should omit functions that are purely of a social or personal nature.
5.9 Actions Limited to Posted Agenda
The City Council shall not take action on any item not appearing on the posted agenda except under the
conditions permitted by Government Code Section 54954.2 (Brown Act).
6. CITIZENS' RIGHTS
6.1 Addressing the Council
1. Any person may address the Council on the following portions of the agenda:
(a) Public Comments as provided in Section 5.5.
(b) Public Hearings as provided in Section 8.
(c) All other portions of the agenda prior to the vote, if any, being taken.
2. The following shall apply:
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(a) Each person addressing the Council shall step to the podium and is requested to
give-his/her name for the record.
(b) Each speaker is limited to three minutes on Public Comments as provided in
Section 5.5. All remarks shall be directed to the Mayor and Council as a body
and not to any particular member.
(c) No person, other than members of the Council and the person having the floor,
shall be permitted to enter into the discussion.
(d) No question shall be asked of Council members or staff except through the
Mayor.
(e) These guidelines will generally apply to special meetings as well,but the City
Council reserves the right to otherwise limit or preclude Public Comments during
special meetings to items listed on the agenda of the special meeting.
(f) The City Council may limit the public input on any item based on the number of
people requesting to speak,the length of the agenda, or the business of the
Council.
6.2 Conduct of Members of the Public
No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct,
including the utterance of loud,threatening, profane or abusive language, personal, impertinent or
slanderous remarks,whistling, stamping of feet,booing or other acts which disturb, disrupt or otherwise
impede the orderly conduct of any Council meeting. Applause will be permitted, as deemed acceptable
by the Mayor, except during public hearing items.
Any person who conducts himself or herself in the aforementioned manner shall, at the discretion of the
Mayor or by a majority of the Council,pursuant to a point of order requested pursuant to Section 4.6 of
these Rules of Procedure,be barred from further audience before the Council during the meeting.
The Mayor shall request that a person who is breaching these rules of conduct be orderly and silent. If,
after receiving a warning from the Mayor, a person persists in disturbing the meeting,the Mayor shall
order the person to leave the Council meeting. If such person does not immediately remove himself or
herself,the Mayor may order any law enforcement officer who is on duty at the meeting as sergeant-at-
arms of the Council to remove the person from the Council Chambers. Alternatively,the Mayor may
recess the meeting until a law enforcement officer is able to arrive and remove the person.
6.3 Enforcement of Decorum
After issuing a verbal warning,the Mayor shall order removed from the Council Chambers any person or
persons who commit the following acts in respect to a regular or special meeting of the City Council:
1. Disorderly, contemptuous or insolent behavior toward the Council or any member
thereof,tending to interrupt the due and orderly course of said meeting.
2. A breach of the peace,boisterous conduct or violent disturbance,tending to interrupt the
due and orderly course of said meeting.
3. Disobedience of any lawful order of the Mayor which shall include an order to be seated
or to refrain from disrupting the meeting by addressing the Council from the audience.
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4. Any other unlawful interference with the due and orderly course of the meeting.
6.4 Reading of Protests
Interested persons or their representatives may address the Council for the reading of protests, petitions or
communications relating to the matter under consideration if a majority of the Council agrees that the
person should be heard. Such presentation shall be subject to the time limits that have been established
for addressing the City Council.
6.5 Written Communications
Any person(s)may submit written comments to the Council either directly or through the City Clerk or
City Manager's office and request that Council receive copies in the agenda packet provided such written
comments are received in sufficient time to include them in the agenda packet. Written communications
may consist of letters, facsimiles or messages received by electronic mail. Written communications that
are submitted after the agenda has been distributed to the City Council will be distributed to the City
Council as late correspondence.
7. ORDINANCES,RESOLUTIONS AND CONTRACTS
7.1 Document Preparation
The content and form of all ordinances and resolutions shall be approved by the City Attorney. No
ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the
Council or prepared by the City Attorney on his/her own initiative.
7.2 Document Approval
All ordinances, resolutions, and contracts shall,before being placed on the agenda,be approved as to
form and legality by the City Attorney. All documents shall be reviewed by the City Manager.
7.3 Ordinance Introduction/Adoption
A proposed ordinance will be read by title only unless a Council member disagrees that the ordinance can
be read by title only and requests a full reading. Ordinances introduced by first reading shall not be
adopted within five days of the introduction nor at other than a regular or an adjourned regular Council
meeting. If the ordinance carries an urgency clause, introduction and adoption may occur at the same
meeting. After an ordinance has been introduced for first reading, it can be placed on the Consent
Calendar for adoption at a subsequent meeting.
7.4 Majority Vote Required
Resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the
total membership of the City Council, pursuant to Government Code Section 36936. An urgency
ordinance must be adopted by at least a four-fifths vote of the City Council,pursuant to Government
Code Section 3 693 7. (NOTE: Motions and any other matters not involving any of the above actions may
be adopted by a majority vote of the Council Members who are present.)
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7.5 Ordinance Preservation
Following adoption of an ordinance,the City Clerk will assign it a number and post it according to state
law. All ordinances are filed and preserved in the City Clerk's Office.
8. PROCEDURES REGARDING PUBLIC HEARINGS
8.1 Introduction
The Mayor announces the subject of the public hearing and declares the public hearing open.
8.2 Staff and Written Material Presentation
1. Staff summary report,which shall include the findings and determinations that the City
Council is required to make, included in the agenda packet is received and filed. Written
comments(e.g. protests, etc.)are noted for the record.
2. Written material not in the agenda packet, if any, is received and filed.
3. Oral staff report, if any, is presented by a staff member, unless waived by the Council.
4. Staff responds to Councilmember questions.
5. Prior to hearing public testimony or comments,Council members are encouraged to raise
questions or identify issues of concern that they may have,which may assist members of
the public to focus their comments upon those questions or issues. However, Council
members shall refrain from stating their final position or how they intend to vote on the
issue until all public testimony has been received.
8.3 Public Testimony
1. The purpose of this section is to provide an opportunity to members of the public who
wish to testify in support of or opposition to the matter being heard.
2. The Mayor's instructions to the audience will vary and will depend upon the issue being
discussed. Generally,the instructions will follow these general guidelines:
(a) Participants must speak from the podium;
(b) The normal time limit for each speaker is three minutes;
(c) Repetition should be avoided; and,
(d) Speakers will be discouraged from reading a submission that has been copied and
is contained in the agenda materials.
3. Although the normal time limit is three minutes for each speaker,the Mayor may grant
additional time to a representative speaking for an entire group. However,this should not
discourage anyone from addressing the City Council individually.The Mayor also may
adjust the time limit for individual speakers depending upon the number of speakers who
intend to speak.
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4. The appellant or their representative speaks first and will generally be allowed ten
minutes. If the applicant is different from the appellant,the applicant or their
representative will speak following the appellant and will also be allowed ten minutes to
make a presentation. Other public speakers will follow the presentation by the appellant
and the applicant. Normally,the applicants and appellants will be limited to a three
minute rebuttal(if requested).
5. At the Mayor's discretion, staff and/or Council will answer questions posed by speakers
after the completion of the speaker's testimony.
6. Council will generally reserve questioning of individual speakers until after the
completion of the speaker's comments.
8.4 Council Deliberations
1. After the Mayor has determined that there is no more public testimony,the Council will
then deliberate on the matter.
2. The Council may ask additional questions of speakers and/or staff for clarification.
3. The Council will then debate and/or make motions on the matter.
4. During Council deliberations,the Mayor will allow each Councilmember to speak once
prior to allowing another Councilmember to speak again. Council members should strive
to avoid repetition. Council members may be permitted to ask questions of each other or
debate relevant issues as part of their deliberations.
8.5 Council Action
1. Council may, at this point,continue the open public hearing.
(a) This should be done if any additional information is requested(e.g. a staff
report), or if additional facts or issues have been raised by Council members that
were not raised by the public speakers or addressed in the staff report and that
have a bearing on the item. Members of the public shall be given additional
opportunity to comment on such new facts, information and issues at the
continued public hearing.
(b) Continuing a public hearing to a specific date does not require additional notice.
2. The Council may:
(a) Close the public hearing and vote on the item;
(b) Offer amendments or substitute motions allowing additional public comment; or
(c) Close the public hearing and continue the matter to a later date for a decision.
(NOTE: No additional reports or testimony may be received, after the public
hearing has been closed.)
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Resolution I tion No. 2012-38
Exhibit A
Page 14 of 18
9. BOARDS, COMMISSIONS,COMMITTEES AND SUBCOMMITTEES
9.1 Mayor/City Council Committee
At the first or second meeting in January of each year,the Mayor shall appoint Council members to serve
on various committees that require a Council representative.
9.2 Citizen Boards, Commissions, and Committees
1. Creation
The City Council may create boards, commissions or committees to act in an advisory capacity to
the Council.
2. Appointments
The City Council shall make appointments to citizen City boards, commissions and committees.
All committee and commission applicants will be interviewed by the City Council at a public
meeting and be appointed by a majority of the City Council to serve the term of office specified
by the City Council. Members of City boards, commissions and committees shall continue to
hold their respective appointed offices until replaced by a different individual who is appointed
by a majority vote of the City Council.At any time, on a case by case basis,the City Council may
reconsider any appointment at a public meeting.
3. Duties
Other than the Planning Commission,whose duties are specified in the Municipal Code and the
California Government Code,the primary purpose of City Boards, Commissions and Committees
is to act in an advisory capacity to the City Council.
The City Council shall provide specific direction to each commission or committee as to what
tasks or projects the City Council desires the commission or committee to accomplish in the form
of an annual workplan that is approved by the City Council,which may be amended and revised
as desired by the Council during the year. It will also define the method for said commissions or
committees to report back to the City Council on their respective accomplishments. The City
Manager shall assign a staff member to assist each commission or committee and to provide
necessary support. Should the City Manager believe that requests of staff time and City resources
are either inappropriate or excessive,the City Manager may request direction/action from the City
Council for resolution.
4. Dissolution
Except as provided by the City's Municipal Code,the City Council may dissolve an existing
board, commission, or committee if the City Council finds that the purpose of the advisory board,
committee or commission is no longer necessary or required.
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Exhibit A
Page 15 of 18
9.3 City Council Subcommittees
City Council Ad-Hoc and Standing Subcommittees may be created by the City Council from time to time
to gather information and report back to the full City Council. The City Manager shall provide staff
support as deemed appropriate by the City Council in achieving the specified goals.
City Council Subcommittees shall be composed of two City Council members.
Timely Subcommittee Reports shall be conveyed to the full City Council during the Council Oral Reports
section of the Council agenda. The City Council Ad-Hoc and Standing Subcommittees will strive to keep
all Council members and the public apprised of Council Ad-Hoc and Standing Subcommittees' actions
and accomplishments.
10. SUSPENSION AND AMENDMENT OF THESE RULES
10.1 Suspension
Except as required by State law, any provision of these Rules not already governed by the City's
Municipal Code or the California Government Code may be temporarily suspended by a two-thirds vote.
10.2 Amendment
These Rules may be amended by additions or deletions or new rules adopted by a majority vote of the
Council,provided the proposed amendment or new rules are placed on an agenda as a Regular Business
item at a duly noticed City Council meeting and the public is afforded the opportunity to comment
thereon.
11. MISCELLANEOUS RULES
1 1.1 Motion to be Stated
The City Clerk shall state all motions submitted for a vote and announce the result.
11.2 Roll Call Votes
Roll call votes shall be required for adoption of ordinances, adoption of resolutions, approval of
agreements and actions involving the payment of money. Upon demand by a Councilmember, a roll call
vote shall be taken on any motion before the Council.The Mayor Pro Tem's name shall be called second
to last, and the Mayor's name shall be called last with other members' names called at random by the City
Clerk. Members shall not be required to give explanations of their vote during roll call.
11.3 Silence
During a collective vote(Ayes and Nays), silence of any Council member(s)denotes an affirmative vote.
11.4 Continuance of an Item
1. Continuance by a Council member
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Exhibit A
Page 16 of 18
Any Councilmember may make a motion to continue an item (not subject to a deadline)to the
next agreed upon meeting. This continuance may only be approved or denied by a majority vote
of the Council.
2. Continuances Requested by Someone Not a Council member
Anyone may request a continuance of an item and the Council,by a majority vote,may grant
such a continuance.A request for a subsequent continuance may be granted by a majority vote of
the Council only if it finds that:
(a) The need for the continuance was beyond the control of the person requesting it;
(b) The need for the continuance arose after: (1)the date of the notice of public
hearing was published if the item is subject to a public hearing or; (2)the time of
the Council agenda was posted for items not subject to a public hearing; or,
(c) The continuance does not adversely affect the City, any of the affected parties, or
the welfare of the City's residents.
11.5 Personal Privilege
The right of a Councilmember to address the Council on a question of personal privilege shall be limited
to cases in which the integrity, character,or motives of the Councilmember is in question, or where the
welfare of the Council is concerned.
11.6 Motion to Reconsider
A motion to reconsider any action taken by the Council may be made in accordance with the following:
1. The motion must be made by a member of the prevailing side, although it may be
seconded by any Council member.
2. The motion must be made prior to the adjournment of the meeting at which the original
action was taken.
3. The motion is debatable and has precedence over a pending motion.
12. RULES OF DEBATE
12.1 Mayor as Presiding Officer
The Mayor may move, second, and debate from the Chair, and shall not be deprived of any rights and
privileges of a Councilmember.
12.2 Appeal
Any ruling of the Mayor may be appealed at the request of a Councilmember. The Mayor shall call for a
roll call vote to determine if the ruling is upheld by a majority vote.
12.3 Precedence of Motions
When a motion is before the Council,no motion shall be entertained except:
1 Resolution No. 2012-38
Exhibit A
Page 17 of 18
1. Motion to Amend
A motion to amend is debatable only as it relates to the amendment. An amendment that modifies
the motion is in order;however, a substitute motion is in order if the intent is changed.
Amendments are voted on first; main motion vote is last. A motion may be amended more than
once with each amendment being voted on separately. There shall only be one amending motion
on the floor at any one time.
2. Motion to Postpone
A motion to postpone indefinitely is debatable. If such a motion is adopted,the principal question
is lost.A motion to postpone to a definite time is subject to debate and amendment as it relates to
propriety of the postponement and time set.
3. Motion to Table
A motion to table is not debatable and is not subject to amendment. The purpose of a motion to
table is to temporarily bypass the item. If a motion to table is adopted,the item may be taken
from the table at any time prior to the adjournment of the next regular meeting. If the item is not
taken from the table in the time specified,the business of the item is killed.
4. Motion to Call the Question
A motion to Call the Question must get a second and is not debatable. A vote on the motion is
taken immediately by roll call. If the motion to Call the Question passes, a vote on the motion on
the floor is taken by roll call. If the motion to Call the Question fails, discussion on the motion on
the floor continues.
5. Motion to Rescind
A motion to Rescind must get a second and is debatable. The motion may be adopted by a
majority vote of the entire City Council(3 votes).
18 Resolution No. 2012-38
Exhibit A
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