CC RES 2000-001 RESOLUTION NO. 2000-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES ESTABLISHING CITY COUNCIL
OPERATING RULES AND PROCEDURES AND RESCINDING
RESOLUTION NOS. 93-20, 93-68 AND 94-9
WHEREAS, on March 2, 1993, the City adopted Resolution No. 93-20
setting forth certain rules of order for conducting City Council meetings. The City
Council subsequently adopted Resolution No. 93-68 amending Section 5.1
(Order of Business) and Resolution No. 94-9 amending Section 6.2 (Disruptive
Conduct); and,
WHEREAS, the City Council now desires to clarify and expand said rules
for the procedures to be followed at City Council meetings; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
Section 1: That the Rules of Procedure as set out in Exhibit "A" attached
hereto and incorporated herein are hereby adopted as the rules and procedures
for the conduct of City Council meetings.
Section 2: That Resolution Nos. 93-20, 93-68 and 94-9 are hereby
rescinded.
PASSED, APPROVED and ADOPTED this 18th day January of Janua 2000.
L:Zvok
MAYOR
AT . ST: 1,
CI CLERK
Sta e of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
1# 40
Resolution No. 2000-01 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on January 18 000.
'k i
Cit Jerk
EXHIBIT "A"
RANCHO PALOS VERDES
CITY COUNCIL
RULES OF PROCEDURE
adopted
January 18, 2000
Resolution No. 2000-01
Table of Contents
Subject Page
1. Authority 3
2. General Rules 3
2.1 Quorum 3
2.2 Vacancy by Unexcused Absence 3
2.3 Minutes of Proceedings 3
2.4 Right of Floor 3
2.5 Rules of Order 3
2.6 City Manager 3
2.7 City Attorney 4
2.8 City Clerk 4
2.9 Department Heads/Employees 4
3. Types of Meetings 4
3.1 Public Meetings 4
3.2 Regular Meetings 4
3.3 Adjourned Meetings 5
3.4 Special Meetings 5
3.5 Closed Session Meetings 5
3.6 Work Session Meetings 5
3.7 Media Attendance 5
3.8 Recess 5
3.9 Redevelopment Agency and Improvement Authority Business 5
4, Duties of the Mayor 6
4.1 Election of the Mayor 6
4.2 Mayor Pro Tem 6
4.3 Presiding Officer 6
4.4 Call to Order 6
4.5 Preservation of Order 6
4.6 Point of Order 6
5. Order and Preparation of Agenda 6
5.1 Order of Business 6
5.2 Agenda Preparation 7
5.3 Agenda Posting �
5.4 Minutes 7
5.5 Public Comments (see Citizen's Rights in Section 6) 7
5.6 Public Hearings 7
5.7 Consent Calendar 7
5.8 Actions Limited to Posted Agenda 8
City Council Rules of Procedure
January 18, 2000
Page 1
Subject Page
6. Citizen's Rights 8
6.1 Addressing the Council 8
6.2 Personal and Slanderous Remarks 8
6.3 Enforcement of Decorum 9
6.4 Reading of Protests 9
6.5 Written Communications 9
7. Ordinances, Resolutions and Contracts 10
7.1 Document Preparation 10
7.2 Document Approval 10
7.3 Ordinance Introduction/Adoption 10
7.4 Majority Vote Required 10
7.5 Ordinance Preservation 10
8. Procedures Regarding Public Hearings 10
8.1 Introduction 10
8.2 Staff and Written Material Presentation 11
8.3 Public Testimony 11
8.4 Council Deliberation 12
8.5 Council Action 12
9. Boards, Commissions and Committees 12
9.1 Mayor/City Council Committee 12
9.2 Citizen Boards, Commission and Committees 12
10. Suspension and Amendment of These Rules 13
10.1 Suspension 13
10.2 Amendment 13
11. Miscellaneous Rules 13
11.1 Motion to be Stated 13
11.2 Roll Call Votes 13
11.3 Silence 13
11.4 Continuance of an Item 14
11.5 Personal Privilege 14
11.6 Motion to Reconsider 14
12. Rules of Debate 15
12.1 Mayor as Presiding Officer 15
12.2 Appeals 15
12.3 Precedence of Motions 15
City Council Rules of Procedure
January 18, 2000
Page 2
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 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 Councilmember 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 36513.
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.
These minutes shall be available to the public following 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 "Robert's Rules of Order." 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.
2.6 City Manager
The City Manager shall attend all meetings of the Council unless excused, and in
his/her absence, the Assistant City Manager or Acting City Manager shall substitute.
City Council Rules of Procedure
January 18, 2000
Page 3
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.
2.7 City Attorney
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 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 Department Heads/Employees
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
The 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
seven p.m. in the Council Chambers except as follows:
1. When an official 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, which 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, which is not a holiday.
Only closed sessions and work sessions may be held between six p.m. and seven p.m.
unless a regular meeting is adjourned to, or a special meeting called for such time. No
work session or closed session will be held during such hours unless the agenda is
City Council Rules of Procedure
January 18, 2000
Page 4
posted at least seventy-two hours prior to the meeting as required by Section 54954.2
of the California Government Code. No action shall be taken during any work session
held between such hours unless the agenda so provides.
3.3 Adjourned Meetings
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
Special meetings may be called by the Mayor or by a majority of the Councilmembers.
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 specified matters may be discussed at special meetings.
3.5 Closed Session Meetings
Closed 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.
3.6 Work Session Meetings
The Council may meet in work sessions called by the Mayor or the majority of the
Councilmembers. Work sessions are open to the public and are meetings for the
purposes of the Brown Act.
3.7 Media Attendance
Except for closed sessions, all meetings of the City Council and City Boards/
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.
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 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
Redevelopment Agency and then as the Improvement Authority of the City.
City Council Rules of Procedure
January 18, 2000
Page 5
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. As a member of the City Council, the
Mayor shall have all the powers of a member.
4.2 Mayor Pro Tem
The Mayor Pro Tem shall be selected by a Council majority vote.
4.3 Presiding Officer
The Mayor, if present, shall preside. In the Mayor's absence, the Mayor Pro Tem shall
preside. In the absence of both, the Councilmembers present shall elect a Presiding
Officer.
4.4 Call To Order
The Mayor or Mayor Pro Tem 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
Councilmembers present shall proceed to elect a temporary Presiding Officer.
4.5 Preservation of Order
The Mayor shall preserve strict order and decorum, shall prevent verbal attacks on
Councilmembers, staff and/or citizens, and confine debate to the item under discussion,
and shall discourage debate between Councilmembers 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
5.1 • Order of Business
1. Call to Order, Roll Call, Pledge of Allegiance
2. Proclamations, Announcements, Recycling Drawing
3. Approval of Agenda
4. Consent Calendar
5. Public Hearings
City Council Rules of Procedure
January 18, 2000
Page 6
6. Public Comments (after the first recess at approximately 8:40 PM)
7. Regular Business
8. Written Communications
9. Committee Reports
10. City Council Reports
11. City Manager Reports
12. Adjournment
5.2 Agenda Preparation
The Agenda shall be prepared in accordance with the preparation procedure as directed
by the City Manager. The Agenda shall be delivered to the Mayor and Council
members, as soon as practicable after 5:00 PM on the Thursday preceding the Tuesday
meeting.
5.3 Agenda Posting
The City Clerk shall post, in a location that is freely accessible to members of the public,
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.
5.5 Public Comments — (also see Citizen's Rights)
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 and routine. Also, the Consent
Calendar frequently contains resolutions confirming prior Council action. Any member
of the Council may remove an item for discussion or clarification. Items removed from
the Consent Calendar will be heard after the Consent Calendar section of the agenda.
City Council Rules of Procedure
January 1.8, 2000
Page 7
5.8 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:
(a) Each person addressing the Council shall step to the podium
and give their name and address or city of residence 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 Councilmembers 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.
(f) The City Council may limit the public input on any item
based on the number of people requesting to speak, length
of agenda, or the business of the Council.
6.2 Personal and Slanderous Remarks
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, applauding,
booing or other acts which disturb, disrupt or otherwise impede the orderly conduct of
any Council meeting.
City Council Rules of Procedure
January 18, 2000
Page 8
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. Any person who so disturbs, disrupts
or otherwise impedes the orderly conduct of more than two Council meetings, may be
barred from attending future Council meetings.
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 addressing the Council.
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 agree 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 citizen may submit written comments to the Council 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
City Council Rules of Procedure
January 18, 2000
Page 9
packet. Written communications may consist of letters, facsimiles or messages received
by electronic mail.
7. ORDINANCES, RESOLUTIONS AND CONTRACTS
7.1 Document Preparation
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 member disagrees that the
y y g
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
An affirmative vote of at least three members of the Council shall be necessary to adopt
an ordinance. An urgency ordinance must be adopted by at least four-fifths vote.
(NOTE: Resolutions, motions, and any other matters may be adopted by the majority
present.)
7.5 Ordinance Preservation
Following adoption of an ordinance, the City Clerk will assign it a number and p ublish
and/or post according to 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 ublic hearing
g
open.
City Council Rules of Procedure
January 18, 2000
Page 10
8.2 Staff and Written Material Presentation
1. Staff summary report and other written material 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.
4. Staff responds to Councilmember questions.
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 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) must give their name and address or city of residence before
speaking;
(c) that the normal time limit for each speaker is three minutes;
(d) that repetition should be avoided; and,
(e) that speakers will be discouraged from reading a submission
that has been copied and is contained in the agenda.
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;
4. The applicant or their representative speaks first and will generally
be allowed ten minutes. If the appellant is different from the
applicant, the appellant will also be allowed ten minutes to make a
presentation. 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
by speakers at the Mayor's discretion after the completion of the
speaker's testimony.
City Council Rules of Procedure
January 18, 2000
Page 11
6. Council will generally reserve questioning of individual speakers
until after the completion of the speaker's testimony.
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.
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).
(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.)
9. BOARDS, COMMISSIONS AND COMMITTEES
9.1 Mayor/Council Committee
At the first or second meeting in January of each year, the Mayor shall appoint
Councilmembers to serve on various committees, which require a Council
representative.
9.2 Citizen Boards, Commissions, and Committees
1. Creation
The City Council may create boards, commissions, or committees to act
as advisory boards to the Council.
City Council Rules of Procedure
January 18, 2000
Page 12
2. Appointments
The City Council shall make appointments to citizen boards, commissions
and committees. All committee and commission applicants will be
interviewed by the City Council at a public meeting.
3. Dissolution
Except as provided by the City's Municipal Code, the City Council
may dissolve an existing board, commission, or committee if the
Council finds that the purpose of the advisory board is no longer
necessary or required.
10. SUSPENSION AND AMENDMENT OF THESE RULES
10.1 Suspension
Any provision of these Rules not already governed by the City's Municipal Code or the
Government Code may be temporarily suspended by a majority vote by the Council
present.
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
introduced into the record at a prior Council meeting.
11. MISCELLANEOUS RULES
11.1 Motion to be Stated
The City Clerk shall state all motions submitted for a vote and announce the result. A
roll call vote shall be taken upon the request of any member and shall be required for
the introduction of any ordinance or expenditure of funds.
11.2 Roll Call Votes
Upon demand by a Councilmember, made before the "Nays" are called for, a roll call
vote shall be taken on the motion before the Council. 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 members denotes an
affirmative vote.
City Council Rules of Procedure
January 18, 2000
Page 13
11.4 Continuance of an Item
1. Continuance by a Councilmember
Any Councilmember may continue an item (not subject to a deadline) to
the next agreed upon meeting. This continuance may only be denied by a
majority vote of the Council.
2. Continuances Requested by Someone Not a Councilmember
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, and
(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.
(c) Continuance does not adversely affect the City 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 of 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 Councilmember.
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.
City Council Rules of Procedure
January 18, 2000
Page 14
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 Appeals
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.
12.3 Precedence of Motions
When a motion is before the Council, no motion shall be entertained except:
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. 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 undebatable and 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.
City Council Rules of Procedure
January 18, 2000
Page 15