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RPVCCA_CC_SR_2012_05_01_05_Rules_Of_Procedure_Council_Commission_Committee_ProtocolCITY OF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: HONORABLE MAYOR &CITY COUNCIL MEMBERS CAROLYN LEHR,CITY MANAGER ~ MAY 1,2012 RULES OF PROCEDURE AND CITY COUNCIL AND COMMISSION/COMMITTEE PROTOCOL Project Manager:Kit Fox,AICP,Senior Administrative Analyst@ RECOMMENDATIONS 1) 2) 3) Direct that the Subcommittee offer to meet with the Planning Commission at its May 8th meeting or,alternatively,receive written testimony from the Planning Commission.The Subcommittee invites further commentary from members of other Committees and Commissions. Receive proposed revisions to the Rules of Procedure and City Council and Commission/Committee Protocol submitted by Councilman Knight,Councilman Duhovic,Mayor Pro Tem Campbell and other members of the public. Schedule a stand alone workshop for Tuesday,May 29th ,as a date to render a final decision on this treatment ofthe Proposed Rules and Protocol.Establish a deadline of Friday,May 11 th ,2012 for all written commentary on this agenda item.This deadline will offer the Subcommittee enough time to convene and to consider all commentary in order to forward a recommendation to the full Council on May 29 th • BACKGROUND On March 20,2012,the City Council discussed proposed revisions to the Rules of Procedure (Rules)and the adoption of the proposed City Council and Commission/Committee Protocol (Protocol).At that meeting,the City Council continued the proposed Rules and Protocol to the May 15,2012,City Council meeting,with the exception of Section 5 ("Order and Preparation of Agenda")of the proposed Rules,which were put in place immediately with the understanding that they could considered for further revision in the future,as determined necessary by the City Council.At the following meeting on April 3,2012,the City Council authorized the Council Rules and Protocol Ad Hoc Subcommittee (Mayor Misetich and Councilwoman Brooks)to conduct outreach to the 5-1 MEMORANDUM:Outreach for City Council and Commission/Committee Protocol May 1,2012 Page 2 City's advisory boards to introduce and receive feedback on the proposed Rules and Protocol. At the request of Planning Commission Chair Paul Tetreault,an item was placed on the Planning Commission's April 10,2012,agenda to give Commissioners an opportunity to discuss the draft Rules and Protocol in advance of the Subcommittee's outreach efforts.At that meeting,the Planning Commission provided its preliminary feedback on the proposed Protocol;continued the discussion of the Rules to its next meeting on April 24,2012;and invited the entire City Council to meet with the Planning Commission to discuss the draft Rules and Protocol.The Planning Commission subsequently took up the draft Rules at its meeting of April 24,2012.Mayor Pro Tem Campbell also submitted written suggestions for further revisions to Section 5 of the Rules as "Late Correspondence"at that evening's meeting (see discussion below). As of the date of this report,the Subcommittee had indicated that it was available to attend the Planning Commission meeting of May 8,2012 to conduct its outreach efforts.Unlike the Planning Commission,however,it is not clear that other advisory boards desire to agendize a meeting with the Subcommittee to discuss their feedback.Therefore,in the interest of efficiency,the Subcommittee decided to request of Council that.rather than schedule meetings with each Committee/Commission,written commentary and feedback would be requested instead. DISCUSSION Planning Commission Review of Rules and Protocol in Advance of Subcommittee Outreach Attached to tonight's report is a summary of the Planning Commission's recent review of the Rules and Protocol by Community Development Director Joel Rojas.He noted that the invitation made at the April 10,2012,meeting for the entire City Council to address the Planning Commission on this topic was not intended as a rejection of a meeting with the Subcommittee,but merely as an open invitation to the entire City Council to join the Subcommittee in discussing this important issue.The tentative agenda for the May 8, 2012,Planning Commission meeting includes a "placeholder"for the Subcommittee's presentation.The Planning Commission acknowledged that a joint meeting with the City Council (if desired by the City Council)could occur at the May 8,2012,Planning Commission meeting or at some other date and time of the City Council's choosing,and that such a joint meeting might be in addition to or in lieu of a study session with the Subcommittee. Planning Commission Chair Tetreault will attend tonight's meeting to answer any questions about the Planning Commission's previous discussion of this matter. 5-2 MEMORANDUM:Outreach for City Council and Commission/Committee Protocol May 1,2012 Page 3 Outreach to the City's Advisory Boards Based upon the course of action approved by the City Council on April 3,2012,it was envisioned that the Subcommittee would attend and present the draft Rules and Protocol to each to each of the City's advisory boards to solicit their collective feedback at one of their regular public meetings.As described above,the Planning Commission has taken the initiative to discuss and familiarize itself with these matters in advance of the Subcommittee's presentation,which is currently scheduled for the Planning Commission meeting of May 8,2012.To Staff's knowledge,none of the City's other advisory boards have yet discussed or agendized this matter for review. Suggested Revisions to the Rules of Procedure On Thursday,April 26th Councilman Duhovic submitted a comprehensive list of revisions to the Rules.Attached is a comparison document that depicts these proposed changes,as they relate to the Rules,which were last amended by the City Council on March 20,2012. Councilman Duhovic has reviewed this document and confirmed that it reflects his proposed language.Also,as mentioned above,Mayor Pro Tem Campbell submitted proposed revisions to Section 5 of the Rules as "Late Correspondence"at the April 24, 2012,Planning Commission meeting.A copy of Mayor Pro Tem Campbell's suggestions is also attached to tonight's report. CONCLUSION In conclusion,the Subcommittee recommends that the City Council adopt the recommendations set forth in the introductory paragraph.Staff concurs that the schedule as proposed offers an efficient and effective process for the Subcommittee to evaluate the substantial amount of information before them.Subsequently this process allows the Council to reach its best conclusions and move forward on revised Rules of Procedure and Council and Committee/Commission Protocol. Attachments: •Memorandum from Community Development Director Rojas (dated 4/25/12) •Suggestions for revisions to Section 5 of the Rules of Procedure from Mayor Pro Tem Campbell (submitted to Planning Commission on 4/24/12) •Suggestions for revisions to the Rules of Procedure from Councilman Duhovic M:\Policy Issues\Rules of Procedure\20120501_RulesofProcedure_StaffRpt.doc 5-3 CITYOF MEMORANDUM RANCHO PALOS VERDES COfVlfVlUNITY DEVELOPfVIEI'iT DEPARTIVJENT TO: FROM: DATE: SUBJECT: CAROLYN LEHR,CITY MANAGER JOEL ROJAS,COMMUNI~LOPMENT DIRECTOR APRIL 25,2012 DISCUSSION BY THE PLANNING COMMISION OF THE PROPOSED CITY COUNCIL RULES OF PROCEDURE AND PROTOCOL AND POSSIBLE DATES FOR A JOINT MEETING WITH THE CITY COUNCIL On April 3,2012,the City Council authorized the Council Rules and Protocol Ad Hoc Subcommittee (Mayor Misetich and Councilwoman Brooks)to conduct outreach to the City's advisory boards to introduce and receive feedback on the proposed City Council and Commission/Committee Protocol and City Council Rules and Procedures.At the request of Chairman Tetreault,an item was placed on the Planning Commission's April 10,2012 agenda to give Commissioners an opportunity to discuss the draft Protocol and Rules of Procedure in advance of the Subcommittee's outreach.On April 10th ,the Planning Commission provided its preliminary feedback on the proposed Protocol, continued the discussion ofthe Rules and Procedure to the April 24th meeting and invited the entire City Council to meet with the Planning Commission to discuss the draft Protocol and Rules of Procedure. On April 24th ,the Planning Commission continued its discussion of this topic by providing its preliminary feedback on the Rules of Procedure.In addition,the Planning Commission clarified that the invitation it made at its previous April 10th meeting for the entire City Council to address the Planning Commission on this topic was not intended as a rejection of a meeting with the Ad Hoc Subcommittee.It was simply meant as an invitation for the entire City Council to join the Ad Hoc Subcommittee on addressing the Planning Commission on this important issue.Noting that the City Council Subcommittee has stated that they would be available to attend the Planning Commission meeting on May 8th ,the Planning Commission agreed to add that discussion to their May 8th agenda leaving it up the Subcommittee on where that item appears on the agenda.The Planning Commission also acknowledged that an item has been placed on the City Council's upcoming May 1st agenda to discuss the Planning Commission's invitation to meet with the entire City Council and possible dates when a Council/Commission study session could occur.The Planning Commission qgreed that if the City Council wishes to have a joint meeting with the Planning Commission,said joint meeting could occur on May 8th or at some other date and time agreed upon by the City Council.Furthermore,the Commission agreed that ifthe Council agrees on May 1st to have a joint meeting with the Planning Commission,it would be up to the Council to decide whether said joint meeting would be in addition to or in lieu of a study session with the Ad Hoc Subcommittee. Planning Commission Chairman Paul Tetreault plans to attend the upcoming May 1st City Council meeting to answer any questions about the Planning Commission's discussion of this matter. 30940 HAWTHORNE BLVD./RANCHO PALOS VERDES,CA 90275-5391 PLANNING &CODE ENFORCEMENT DIVISION (310)544-5228/BUILDING &SAFETY DIVISION (310)265-7800/DEPT.FAX (310)544-5293 E-MAIL:PLANNING@RPVCOM /WWW.PALOSVERDESCOM/RPV 5-4 I /1;c-.#-( Language suggestions regarding improving Para 5 from Brian Campbell. I currently seNe 8S the Rancho Patos Verdes Mayor Pro Tern,but these are my own personal comments and they are not meant to be Interpreted as the view of the entire city council. Additionafly,my language below is not intended to be complete in regards to this paragraph but rather should be interpreted more as a synopsis of key areas of concern. Respectfully submitted for your consideration; 5.ORDER AND PREPARATION OF AGENDA The Mayor acts as the representative of the entire city council in regards'to the preparation and final approval of the Agenda.The Mayor has the same rights as any other council person,and no more,to request putting or removing an item from an agenda. With the approval of the Mayor,or if the Mayor is not available the Mayor Pro Tem,the City Manager prepares the agenda draft including the order and priority of agenda items,and the estimates of the time that should be required for the City Council to review,consider and take action regarding each agenda item. All other members of the City Council shall be made aware of tentative agendas for upcoming meetings as soon as the tentative agenda is made available to the Mayor.The City Staff shall provide staff reports to the City Council with sound,unbiased and professional recommendations on potential alternatives or courses of action regardless of Staff's own biases forthe outcome,along with pertinent and unbiased facts from various and balanced points of view and analysis to enable the City Council to make an informed decision. Any two Council members may request that an item of concern be placed on a future agenda. Any two Councilmembers may request the entire cily council to discuss removing a Staff proffered Item from a proposed future agenda.The council may do 50 with a majority vote. At all times,the city council may at the time of the "Approval of the Agenda"at a city council meeting,choose by a majority vote to remove or reorder in priority an item frorri that meeting's agenda. The City Manager is not allowed to develop any policy with the intent to place it on an upcoming agenda without the prior written approval of the city council. The City Manager and Staff are not permitted to lobby either for or against any policy or item that is on or proposed to be on a city council agenda. Per California State Law,the City Manager and 5taff are SUbject to the Brown Act and must adhere to its prOVisions just as members of the public and as the City Council is reqUired. 5-5 RANCHO PALOS VERDES CITY COUNCIL DRAFT LAST AMENDED: March 20, 2012 -1- 5-6 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 Work Study Session Meetings 6 3.7 Media Attendance 6 7 3.8 Recess 7 3.9 Redevelopment 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/Absence of the Mayor 7 4.2 Mayor Pro Tem 7 8 4.3 Presiding Officer 7 8 4.4 Call to Order 7 8 4.5 Preservation of Order 7 8 4.6 Point of Order 7 8 5. Order and Preparation of Agenda 8 5.1 Order of Business 8 9 5.2 Agenda Distribution 8 9 5.3 Agenda Posting 9 10 5.4 Minutes 9 10 5.5 Public Comments (see Citizens’ Rights in Section 6) 9 10 5.6 Public Hearings 9 10 5.7 Consent Calendar 9 10 5.8 City Council Oral Reports 9 10 5.9 Actions Limited to Posted Agenda 10 11 -2- 5-7 Subject Page 6. Citizens’ Rights 10 11 6.1 Addressing the Council 10 11 6.2 Personal and Slanderous Remarks Conduct of Members of the Public 10 11 6.3 Enforcement of Decorum 11 12 6.4 Reading of Protests 11 12 6.5 Written Communications 12 7. Ordinances, Resolutions and Contracts 12 7.1 Document Preparation 12 7.2 Document Approval 12 7.3 Ordinance Introduction/Adoption 12 13 7.4 Majority Vote Required 12 13 7.5 Ordinance Preservation 12 13 8. Procedures Regarding Public Hearings 13 8.1 Introduction 13 8.2 Staff and Written Material Presentation 13 8.3 Public Testimony 13 14 8.4 Council Deliberations 14 8.5 Council Action 14 9. Boards, Commissions, and Committees and Subcommittees 15 9.1 Mayor/City Council Committee 15 9.2 Citizen Boards, Commissions, and Committees 15 9.3 City Council Subcommittees 16 10. Suspension and Amendment of These Rules 15 16 10.1 Suspension 15 16 10.2 Amendment 15 16 11. Miscellaneous Rules 16 17 11.1 Motion to be Stated 16 17 11.2 Roll Call Votes 16 17 11.3 Silence 16 17 11.4 Continuance of an Item 16 17 11.5 Personal Privilege 17 11.6 Motion to Reconsider 17 12. Rules of Debate 17 18 12.1 Mayor as Presiding Officer 17 18 12.2 Appeals 17 18 12.3 Precedence of Motions 17 18 -3- 5-8 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 CouncilmemberCouncil 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 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. The minutes shall be prepared as expeditiously as possible, and must be presented within 45 days of the meeting. These minutes shall be Minutes will 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’ Rosenberg's Rules of Order.” However; 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 Rules of Order, the provisions of the City’s Municipal Ordinances and/or these Rules, as applicable, shall govern. 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. -4- 5-9 The duties of the City Manager shall include, but are not limited to, ensuring that City Hall operates in the best interests of the residents in and an open and transparent manner. The City Manager shall ensure that staff maintains and implements the policies and direction of the Council. 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 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 - 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 seven 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, which 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, which that 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 is called for, such time. No work session or closed session will be held during such hours unless the agenda is 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. -5- 5-10 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 CouncilmembersCouncil 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, which 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. 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 Councilmembers. 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 hoursTwenty-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 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 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 Closed sessions may be held between six p.m. and seven p.m. unless a regular meeting is adjourned to, or a special meeting is called. 3.6 Work Study Session Meetings The Council may meet in work study sessions called by the Mayor or the majority of the Councilmembers. Council members. Work Study sessions are open to the public and are meetings for the purposes of the Brown Act. 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 agendized for that specific study session. Council will also provide guidance to Staff regarding upcoming agenda items and tentative agendas. Study sessions may be held between 6:00 P.M. and 7:00 P.M., provided the agenda is posted in the manner provided by Government Code Section ___________at least 72 hours / 3 days prior to the meeting . No action shall be taken during any work study session held between such hours unless the agenda so provides. -6- 5-11 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 unreasonably interfere with the orderly conduct of the meetings. All meetings shall be televised and broadcast live during the meeting whenever possible and in accordance with the City contract with the company supplying broadcast services; a replay shall be broadcast on local TV 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 of the City. 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 by a quorum of the City Council. the Council Members shall notify 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. This does not include purely social or ceremonial occasions for which the Brown Act defines the responsibilities of elected officials. 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/Absence 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. Should the Mayor, for any reason, be, or expect to be, out of Los Angeles County for a period of 24 hours or longer, he/she shall notify the Mayor Pro Tem and the City Manager of his/her expected absence and the Mayor Pro Tem will assume the Mayor’s duties until the Mayor has notified the Mayor Pro Tem and the City Manager of his/her return to Los Angeles County. The mayor/presiding official must be physically present to conduct a council meeting; however, any other Council member may participate telephonically, in accordance with the provisions of the Brown Act. -7- 5-12 4.2 Mayor Pro Tem The Mayor Pro Tem shall be selected by a Council majority vote. The Mayor Pro Tem serves as Mayor Pro Tern at the pleasure of the City Council. 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 CouncilmembersCouncil members 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 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 on Councilmembersby or on Council members, staff and/or citizens, shall confine debate to the item under discussion, and shall discourage debate between CouncilmembersCouncil 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 With the advice of the Mayor, or if the Mayor is not available the Mayor Pro Tem, theThe City Manager prepares the agenda, including under the direction and approval of the Mayor. This shall include the order and priority of agenda items, and the estimates. 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. All other members of the City Council In the absence of the Mayor, the Mayor Pro Tem will assume this responsibility as the Council’s representative. The Mayor will provide appropriate oversight to ensure that agenda items are timely and responsive to the needs of the residents. All other Council members shall be made aware of tentative agendas for upcoming meetings on a weekly basis. 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. The City Staff shall strive to provide staff reports to the City Council with sound, professional recommendations on a course of action for all City issues, to the maximum extent practical, along with pertinent facts and analysis to enable the City Council to make an informed decision. An individual CouncilmemberIndividual Council members may request that an item of concern be placed on a future agenda. Such requests may be made to the Mayor or to the City Manager. If the Mayor and City Manager decline to place the requested item on an upcoming Council agenda, the Councilmember -8- 5-13 may make thean agenda by making such request directly to the City Council at a City Council meeting under the business item entitled “Future Agenda Items” and shall, as a courtesy, notify the Mayor in advance. A majority of the Members of the City Council must vote to place the item on a future agenda, and if that action is taken, the City Council also may"Future Agenda Items". If the request is seconded by one additional Council member, the item shall be placed on a future agenda. specify the meeting agenda upon which the item shall be placed. All agenda items shall be accompanied by a staff report. If a Councilmember prepares a report for an agenda item, it shall be submitted to the City Manager at the same time that other agenda reports are to be submitted.Should the concern be deemed an emergency item, a request may be directed to the Mayor with a request for inclusion on the next meeting agenda. The City Manager is responsible for providing staff reports with sound professional recommendations, supported by thorough and impartial analysis that includes both pros and cons regarding the recommended course of action, ready for inclusion in all Council Agenda packages. Should occasions arise where that is not possible, the City Manager will so advise the Mayor who will then decide a course of action. 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 CouncilmembersCouncil members as soon as practicable after 5:0030 p.m. on the Thursday Wednesday preceding the Tuesday meeting where that agenda will be considered. The agenda shall be posted on the bulletin board at City Hall and on the City website at the same time that it is distributed to the City Councilmembers. If the agenda is distributed to City Councilmembers after 5:30 p.m., theCouncil members. The full agenda packet, including staff reports, shall be made available to the public upon request, without delay, in accordance with the provisions of the Brown Act and by posting same 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 3 days prior to the scheduled meeting. -9- 5-14 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. 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 and the Mayor believes will not require Council discussion and are considered ministerial, routine, and/or of a periodic or recurring nature. The Consent Calendar also may contain resolutions confirming prior Council action. However,; however. the Consent Calendar is not for new policies items that have not been discussed previously by the City Council; such. 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. CouncilmembersCouncil 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. -10- 5-15 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: (a) Each person addressing the Council shall step to the podium and give their 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 CouncilmembersCouncil 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. Council; provided, however, no speaker’s time limit shall be reduced to less than two minutes. 6.2 Personal and Slanderous Remarks 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 -11- 5-16 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. 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 as may be required by law 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. -12- 5-17 7.3 Ordinance Introduction/Adoption A proposed ordinance will be read by title only unless a CouncilmemberCouncil 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 36937. (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.) 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, CouncilmembersCouncil 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, CouncilmembersCouncil members shall refrain from stating their final position or how they intend to vote on the issue until all public testimony has been received. -13- 5-18 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 Participants must speak from the podium; (b) that theThe normal time limit for each speaker is three minutes; (c) that repetitionRepetition should be avoided; and, (d) that speakersSpeakers 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. A speaker who is in attendance at the meeting and who has signed a speaker’s slip shall be permitted to assign his time to another speaker. No individual speaker shall speak for more than 15 minutes. 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 testimonycomments. 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 for up to 5 minutes prior to allowing another Councilmember to speak again. Councilmembers Council members should strive to avoid repetition. Councilmembers Council members may be permitted to ask questions of each other or debate relevant issues as part of their deliberations. Council members shall refrain from whispering or -14- 5-19 otherwise communicating with one another in an inaudible manner. All comments made by Council members should be public and made into the microphone. 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 ideas have been raised by Council members that were not raised by the public speakers or 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 ideas. (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, nor issues raised, after the public hearing has been closed.) 9. BOARDS, COMMISSIONS AND, COMMITTEES AND SUBCOMMITTEES 9.1 Mayor / City Council Committee At the first or second meeting in January of each year, the Mayor shall appoint CouncilmembersCouncil members to serve on various committees, which 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 as in an advisory capacity boards to the Council. Commissions are given the authority to act within their assigned scope of jurisdiction subject to appeal 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 appointed by a Council Majority. Committee and Commission members may be removed for cause upon a public hearing and majority vote by the Council. 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. -15- 5-20 The Council shall provide specific direction to each commission or committee as to what tasks or projects the Council desires a commission or committee to accomplish and the method for said commissions or committees to report to the 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 Council for resolution. 3.4. 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. dissolve an existing board, commission, or committee if the Council finds that the purpose of the advisory board committee or commission is no longer necessary or required. 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 Council in achieving the goals specified by the Council in creating either a City Council Ad-Hoc or Standing Subcommittee. City Council Subcommittees shall be composed of two City Council members and may include members of a Commission or Committee if deemed appropriate by the Council. Timely Subcommittee Reports shall be conveyed to the full City Council during the Council 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 majority vote of the CouncilmembersCouncil members who are 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 placed on an agenda as a Regular Business item at a noticed Council meeting, and the public is afforded the opportunity to comment thereon. -16- 5-21 11. MISCELLANEOUS RULES 11.1 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, made before the “Nays” are called for, 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 Although not in accordance with “Rosenberg’s Rules of Order,” during During a collective vote (Ayes and Nays), silence or abstention of any members member(s) denotes an affirmative vote. 11.4 Continuance of an Item 1. Continuance by a CouncilmemberCouncil member 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 denied by a majority vote of the Council. 2. Continuances Requested by Someone Not a CouncilmemberCouncil 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: -17- 5-22 1. The motion must be made by a member of the prevailing side, although it may be seconded by any Councilmember.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 Appeals 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. 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. 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 undebatablenot debatable 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. 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 -18- 5-23 -19- the floor is taken by roll call. If the motion to Call the Question fails, discussion on the motion on the floor continues. * * * 5-24 RANCHO PALOS VERDES CITY COUNCIL DRAFT LAST AMENDED: March 20, 2012 -1- 5-25 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 6 3.8 Recess 7 3.9 Redevelopment 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/Absence of the Mayor 7 4.2 Mayor Pro Tem 7 4.3 Presiding Officer 7 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 8 5.2 Agenda Distribution 9 5.3 Agenda Posting 9 5.4 Minutes 9 5.5 Public Comments (see Citizens’ Rights in Section 6) 9 5.6 Public Hearings 9 5.7 Consent Calendar 9 5.8 City Council Oral Reports 10 5.9 Actions Limited to Posted Agenda 10 -2- 5-26 Subject Page 6. Citizens’ Rights 10 6.1 Addressing the Council 10 6.2 Conduct of Members of the Public 11 6.3 Enforcement of Decorum 11 6.4 Reading of Protests 11 6.5 Written Communications 11 7. Ordinances, Resolutions and Contracts 12 7.1 Document Preparation 12 7.2 Document Approval 12 7.3 Ordinance Introduction/Adoption 12 7.4 Majority Vote Required 12 7.5 Ordinance Preservation 12 8. Procedures Regarding Public Hearings 12 8.1 Introduction 12 8.2 Staff and Written Material Presentation 12 8.3 Public Testimony 13 8.4 Council Deliberations 13 8.5 Council Action 14 9. Boards, Commissions, Committees and Subcommittees 14 9.1 Mayor/City Council Committee 14 9.2 Citizen Boards, Commissions, and Committees 14 9.3 City Council Subcommittees 15 10. Suspension and Amendment of These Rules 15 10.1 Suspension 15 10.2 Amendment 16 11. Miscellaneous Rules 16 11.1 Motion to be Stated 16 11.2 Roll Call Votes 16 11.3 Silence 16 11.4 Continuance of an Item 16 11.5 Personal Privilege 17 11.6 Motion to Reconsider 17 12. Rules of Debate 17 12.1 Mayor as Presiding Officer 17 12.2 Appeals 17 12.3 Precedence of Motions 17 -3- 5-27 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 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 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. The minutes shall be prepared as expeditiously as possible, and must be presented within 45 days of the meeting. Minutes will 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 “Rosenberg'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. In the event of a conflict between the City’s Municipal Code and/or these Rules of Procedure with Rosenberg’s Rules of Order, the provisions of the City’s Municipal Ordinances and/or these Rules, as applicable, shall govern. 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. -4- 5-28 The duties of the City Manager shall include, but are not limited to, ensuring that City Hall operates in the best interests of the residents in and an open and transparent manner. The City Manager shall ensure that staff maintains and implements the policies and direction of the Council. 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 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 - 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 seven 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. 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. -5- 5-29 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. 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 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 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. Closed sessions may be held between six p.m. and seven p.m. unless a regular meeting is adjourned to, or a special meeting is called. 3.6 Study Session Meetings The Council may meet in study sessions called by the Mayor or the majority of the Council members. Study sessions are open to the public and are meetings for the purposes of the Brown Act. 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 agendized for that specific study session. Council will also provide guidance to Staff regarding upcoming agenda items and tentative agendas. Study sessions may be held between 6:00 P.M. and 7:00 P.M., provided the agenda is posted in the manner provided by Government Code Section ___________at least 72 hours/3 days prior to the meeting . No action shall be taken during any study session held between such hours unless the agenda so provides. 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 unreasonably interfere with the orderly conduct of the meetings. All meetings shall be televised and broadcast live during the meeting whenever possible and in accordance with the City contract with the company supplying broadcast services; a replay shall be broadcast on local TV 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. -6- 5-30 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 by a quorum of the City Council, the Council Members shall notify 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. This does not include purely social or ceremonial occasions for which the Brown Act defines the responsibilities of elected officials. 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/Absence 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. Should the Mayor, for any reason, be, or expect to be, out of Los Angeles County for a period of 24 hours or longer, he/she shall notify the Mayor Pro Tem and the City Manager of his/her expected absence and the Mayor Pro Tem will assume the Mayor’s duties until the Mayor has notified the Mayor Pro Tem and the City Manager of his/her return to Los Angeles County. The mayor/presiding official must be physically present to conduct a council meeting; however, any other Council member may participate telephonically, in accordance with the provisions of the Brown Act. 4.2 Mayor Pro Tem The Mayor Pro Tem shall be selected by a Council majority vote. The Mayor Pro Tem serves as Mayor Pro Tern at the pleasure of the City Council. 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 Council members present shall elect a Presiding Officer. -7- 5-31 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 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 The City Manager prepares the agenda under the direction and approval of the Mayor. This shall include the order and priority of agenda items. The City Manager will be responsible for providing an estimate of the time required for the City Council to review, consider and take action regarding each agenda item. In the absence of the Mayor, the Mayor Pro Tem will assume this responsibility as the Council’s representative. The Mayor will provide appropriate oversight to ensure that agenda items are timely and responsive to the needs of the residents. All other Council members shall be made aware of tentative agendas for upcoming meetings on a weekly basis. Individual Council members may request that an item of concern be placed on an agenda by making such request to the City Council at a City Council meeting under the business item entitled “Future Agenda Items”. If the request is seconded by one additional Council member, the item shall be placed on a future agenda. Should the concern be deemed an emergency item, a request may be directed to the Mayor with a request for inclusion on the next meeting agenda. The City Manager is responsible for providing staff reports with sound professional recommendations, supported by thorough and impartial analysis that includes both pros and cons regarding the recommended course of action, ready for inclusion in all Council Agenda packages. Should occasions arise where that is not possible, the City Manager will so advise the Mayor who will then decide a course of action. 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- 5-32 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 after 5: 30 p.m. on the Wednesday preceding the meeting where that agenda will be considered. The agenda shall be posted on the bulletin board at City Hall and on the City website at the same time that it is distributed to the City 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 same 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 3 days prior to the 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. 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 and the Mayor 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 items 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. -9- 5-33 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: (a) Each person addressing the Council shall step to the podium and 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; provided, however, no speaker’s time limit shall be reduced to less than two minutes. -10- 5-34 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. 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 -11- 5-35 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 as may be required by law 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 36937. (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.) 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. -12- 5-36 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 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. A speaker who is in attendance at the meeting and who has signed a speaker’s slip shall be permitted to assign his time to another speaker. No individual speaker shall speak for more than 15 minutes. 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. -13- 5-37 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 for up to 5 minutes 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. Council members shall refrain from whispering or otherwise communicating with one another in an inaudible manner. All comments made by Council members should be public and made into the microphone. 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 ideas have been raised by Council members that were not raised by the public speakers or 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 ideas. (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, nor issues raised, after the public hearing has been closed.) 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, or committees to act in an advisory capacity to the Council. Commissions are given the authority to act within their assigned scope of jurisdiction subject to appeal 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 -14- 5-38 meeting and appointed by a Council Majority. Committee and Commission members may be removed for cause upon a public hearing and majority vote by the Council. 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 Council shall provide specific direction to each commission or committee as to what tasks or projects the Council desires a commission or committee to accomplish and the method for said commissions or committees to report to the 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 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 Council finds that the purpose of the advisory board committee or commission is no longer necessary or required. 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 Council in achieving the goals specified by the Council in creating either a City Council Ad-Hoc or Standing Subcommittee. City Council Subcommittees shall be composed of two City Council members and may include members of a Commission or Committee if deemed appropriate by the Council. Timely Subcommittee Reports shall be conveyed to the full City Council during the Council 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 majority vote of the Council members who are present. -15- 5-39 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 noticed Council meeting, and the public is afforded the opportunity to comment thereon. 11. MISCELLANEOUS RULES 11.1 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 Although not in accordance with “Rosenberg’s Rules of Order,” during a collective vote (Ayes and Nays), silence or abstention of any member(s) denotes an affirmative vote. 11.4 Continuance of an Item 1. Continuance by a Council Member 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 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. -16- 5-40 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. 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. 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. -17- 5-41 -18- 3. Motion to Table A motion to table is not debatable 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. 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. * * * 5-42