RPVCCA_CC_SR_2011_12_20_D_Rules_ProcedureCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR &CITY CO~MEMBERS
CARLA MORREALE,CITY CLER~
DECEMBER 20,2011
CITY COUNCIL RULES OF PROCEDURE
CAROLYN LEHR,CITY MANAGER 09--
RECOMMENDATION
1)Approve amendments to the City Council Rules of Procedure as directed by the
Council at the December 6,2011 Council Meeting;and,2)Approve additional
clarifications to the City Council Rules of Procedure (Rules)suggested by Staff and/or
the City Attorney to conform the Rules to the existing practices.
DISCUSSION
On December 6,2011,the Council discussed and took action on Councilwoman
Brooks'suggested modifications to the Rules.Those amendments have been
incorporated into the attached revised Rules.In addition,Staff and the City Attorney
reviewed the Rules and made minor clarifications and modifications to the document so
that the Rules correctly reflect the existing practices.Staff has attached both a version
with tracked changes and a clean version of the Rules for Council's reference.The
correct pagination of the final document will be reflected in the Table of Contents.
A few minor typographical and grammatical corrections were made throughout the
document to allow for easier reading.The following items are the more substantive
modifications/clarifications suggested by Staff and/or the City Attorney:
1)"Assistant"City Manager was changed to "Deputy"City Manager (Section 2.6);
2)Addition of "Deputy City Manager"to Section 2.9;
3)"specified matters"changed to "the matters specified in the notice"(Section 3.4);
4)Addition of "disruptive"and "shall"to Section 4.5;
5)Deletion of "Council Discussion &Suggestion of Future Agenda Items"and
renumbering of Order of Business (Section 5.1);
6)Addition of "and/or Mayor Pro Tem"to Section 5.2;
7)Addition of "or personal"to Section 5.8;
8)Addition of "to items listed on the agenda of the special meeting"to Section 6.1 (2)(e);
9)Addition of "disrupting the meeting by"to Section 6.3;
D-1
10)Replacement of the word citizen with "person(s)"in Section 6.5;
11)Addition of the sentence "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."(Section 6.5);
12)Addition of clarifying language to Section 7.4;
13)Deletion of "publish and/or"and addition of "it"and "state"to Section 7.5;
14)Addition of "materials"to Section 8.3(2)(d);
15)Addition of the sentence "Other public speakers will follow the presentation by the
appellant and the applicant."(Section 8.3(4));
16)Deletion of language in Section 11.1 as it is similar to that present in Section 11.2;
17)Addition of "make a motion to"to Section 11.4(1);and,
18)Addition of "any of the affected parties"to Section 11.4(2)(c).
If the Council decides to make additional amendments to the Rules,Staff will
incorporate these changes as directed.
Attachments:
City Council Rules of Procedure with Tracked Changes
City Council Rules of Procedure (Clean Version)
W:ICarlalCity Council Staff Reportsl2011 -Staff Reports\20111220 SR City Council Rules of Procedure.doc
D-2
·RANCHO PALOS VERDES
CITY COUNCIL
RULES OF PROCEDURE
LAST AMENDED:December 20,2011
D-3
Table of Contents
Subject Page
1.
2.
3.
4.
5.
Authority
General Rules
2.1 Quorum
2.2 Vacancy by Unexcused Absence
2.3 Minutes of Proceedings
2.4 Right of Floor
2.5 Rules of Order
2.6 City Manager
2.7 City Attorney
2.8 City Clerk
2.9 Department Heads/Employees
Types of Meetings
3.1 Public Meetings
3.2 Regular Meetings
3.3 Adjourned Meetings
3.4 Special Meetings
3.5 Closed Session Meetings
3.6 Work Session Meetings
3.7 Media Attendance
3.8 Recess
3.9 Redevelopment Agency and Improvement Authority Business
Duties of the Mayor
4.1 Election of the Mayor
4.2 Mayor Pro Tem
4.3 Presiding Officer
4.4 Call to Order
4.5 Preservation of Order
4.6 Point of Order
Order and Preparation of Agenda
5.1 Order of Business
5.2 Agenda Preparation
5.3 Agenda Posting
5.4 Minutes
5.5 Public Comments (see Citizen's Rights in Section 6)
5.6 Public Hearings
5.7 Consent Calendar
5.8 City Council Oral Reports
5.9 Actions Limited to Posted Agenda
4
4
4
4
4
4
4
4
5
5
5
5
5
5
6
6
6
6
6
7
7
7
7
7
7
7
7
8
8
8
8
8
§,__------{Deleted:9
9
9
9
9
9
I 1413288.1
/{Formatted:Left
City Council Rules of Procedure .../
December 20,2011
Page 1
D-4
Subject Page
6.
7.
8.
9.
Citizen's Rights
6.1 Addressing the Council
6.2 Personal and Slanderous Remarks
6.3 Enforcement of Decorum
6.4 Reading of Protests
6.5 Written Communications
Ordinances,Resolutions and Contracts
7.1 Document Preparation
7.2 Document Approval
7.3 Ordinance Introduction/Adoption
7.4 Majority Vote Required
7.5 Ordinance Preservation
Procedures Regarding Public Hearings
8.1 Introduction
8.2 Staff and Written Material Presentation
8.3 Public Testimony
8.4 Council Deliberations
8.5 Council Action
Boards,Commissions and Committees
9
9
10
11
11
11
11
11
1.L_------{Deleted:2
12
12
12
12
12
12
13
l.;L_-----{Deleted:4
14
14
9.1
9.2
Mayor/City Council Committee
Citizen Boards,Commission and Committees
14
1d __------{Deleted:5
10.
11.
12.
Suspension and Amendment of These Rules
10.1 Suspension
10.2 Amendment
Miscellaneous Rules
11 .1 Motion to be Stated
11.2 Roll Call Votes
11.3 Silence
11.4 Continuance of an Item
11.5 Personal Privilege
11.6 Motion to Reconsider
Rules of Debate
12.1 Mayor as Presiding Officer
12.2 Appeals
12.3 Precedence of Motions
15
15
15
15
15
15
16
16
16
16
17
17
17
17
..:..14..:..1....,3""'2""'8"""8:..:.1 City Council Rules of Procedure
December 20,2011
Page 2
/{Formatted:Left
4-'..........
D-5
•-----Deleted:<#>Protocol for Request for
18",Information from City Staff11
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::I?:~\::~'~:-{Deleted:One Hour Rule
\,\'1 Formatted:Indent:Left:0.5"\J Formatted:Bullets and Numbering
,Deleted:Requests that Exceed the
One Hour Rule
I 1413288.1 City Council Rules of Procedure
December 20,2011
Page 3
_--{Formatted:Left
~.......",
D-6
1.AUTHORITY
RULES OF PROCEDURE
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.
These minutes shall be available to the public following approval by the Council.
2.4 Right of Floor
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.l>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 /{Deleted:Assistant
his/her absence,the .QeRut~qtY_M~l]_~_9~f_~f_~~!ll]_g__glty_M~l]_~_9~f_~h~IJ_~~~_l?!!!~!E?_.__T~~-<__-{~F_or_m_atte_d:_Le_ft ~
1413288.1 City Council Rules of Procedure .,./
December 20,2011
Page 4
D-7
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 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
The City Council shall meet in the City Council Chambers located at Fred Hesse
I &2r:!1_rl!_LJ_~!!Y.P.~!~1_~~~9J __Ij?-~m2~rl~-'?-2~-'-~~?-r~t_~C?!_~JLr~g_~J~r_!!!~~Jt~g~:_B~g~-'-~t -__--{~D_el_eted_:_c ----'
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 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 is called for,such time./__{Formatted:Left
1413288.1 City Council Rules of Procedure ....-~-------~
December 20,2011
Page 5
D-8
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.
The City Council will adjourn its meetings on or before 11 ;,QQ.,R:~_.__~_t}!=I_~l!LI1_<?~_~9-I1_~j~~r ._------{Deleted:30>==========(
new business items after 10:.1§J?_._':l!:,_~Q~E?_~~_!~_E?__t}!~1()_~iJY_2U~_E?_.Councilmember§>__~h9-<------>=D~e~le~ted=:3~0=======<
are present affirmatively vote either to extend the meeting after 11:QQ R.m.or to Deleted:Council Member
consider new business after 1O:J.§..P:!n:__~U~_~_!n~~!i_t}R~Q~_~_!?~f9-~~_~IL~n~~:H~~:~:E~I~~:::-'-'--{~D",;,e",;,leted~:",;,3=======<
on the agenda are completed,any unfinished business will be continued to the next --._--{Deleted:30
suc~eeding day,whic~is not a h?liday,§t a loc~tion to be .determined:__I~_~_Qi~y_gJ~r~~m_>=D=e=let=ed=:=r~eg~UI~ar=,a~djO~U~rn~ed~,o~r==<
or his or her deputy,will post notice of any continued heanng or other unfinished special meetingevening
business,as required by law.
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 Council members.
The notice for a special meeting must specify the subject(s)to be considered.In
accordance with Government Code Section 54956,twenty-four hours notice must be
given prior to the meeting;only the matteryeecified in the notice t}!~Y._~_~_!=I!§>-':.!-:!~~_~.Q_~L<./;:.D=e=le_te=d=:=======(
special meetings..<:~~>=D_e_le_te_d_:s.;.p_ec_ifie_d====-=<
Deleted:matters
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.
/{Formatted:Left
..L14:L1~322~8~8.:...!.1 City Council Rules of Procedure ..../
December 20,2011
Page 6
D-9
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.
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 disruptive verbal
attacks on Councilmembers,staff and/or citizens,.~~~IJ.VE1~_~~~?.t~JQJh~J~_~.rnm_mm -----{~D_el_et_ed_:_an_d ~
under discussion,and shall discourage debate between Council members and persons
addressing the Council.
//{Formatted:Left
....-I 1413288.1 City Council Rules of Procedure
December 20,2011
Page 7
D-10
The Agenda shall be prepared in accordance with the preparation procedure,as
directed by the City Manager.In consultation with the Mayor and/or Mayor Pro Tem,
each agenda item shall include an estimate of the time that should be required for the
City Council to review,consider and take action regarding that agenda item.
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.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.City Council Oral Reports
I '~i::::::~ili~:~~~~~s~{~~:~:::~~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~:::.~~{~~~~:~~~f F~~~r:c1~~~~~s~~~~
I •.".>=D=e=le=ted=:4=======<
5.2 Agenda Preparation -....Deleted:Council items previously
discussed and continued for future
action will be piaced on the City
website.A note will be placed on the
Agenda describing how and where to
find this informatlon.'Il
The Agenda shall be delivered to the Mayor and.&ouncilmember~_?!~_~22Q_~_~mmm __m_m_------{Deleted:Council Member
practicable after 5:00 p.m.on the Wednesday 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._/{Formatted:Left
1413288.1 City Council Rules of Procedure ....-'------------------'
December 20,2011
Page 8
D-11
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 ~_~J!~~9_~~r:t_R~iJ!_~~_p_~!?!i_~!:t~~_?-r:t_~!.<?~_!!!~~I_~~_!~J>'~9_~_~_rty_~~_r:t~~~_?-~<------{~D=el=eted===:.;".p=======
required by law.------{'--D_el_eted_:_h ~
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 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 Council[l:l_~_rn!?~r_h9..~------{'_D_el_eted_:~
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 Counciln}~!:l:l.~_~!:~_!~_g_~Lr~R9..r:!i_r:t_R.<?!?!i.9~!!9.r:t_~_~r~_~_~_L_Q9_l:l_r:t~!IJ:l:l~!!!!?~~~__~!_~_~_~.9l:!l~~9 <------{>=D=e=lete=d=:=======<
to provide a brief oral report on their attendance at any meetings where City funds have ------{Deleted:
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:
I 1413288.1
(a)Public Comments as provided in Section 5.5./{Formatted:Left
City Council Rules of Procedure ../'----------~
December 20,2011
Page 9
D-12
(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)
(b)
(c)
(d)
(e)
(f)
Each person addressing the Council shall step to the podium
and give their name .[2rJh~_~~g2r~~------~~:~~:~and address or city of
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.
No person,other than members of the Council and the
person having the floor,shall be permitted to enter into the
discussion.
No question shall be asked of Councilmembers or staff
except through the Mayor.
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 ~P_E?_~!9-'-.m..~~!!I}_g~J~L .--.·-·{>-D~e~let~ed~:~s~~~~~~=<
items listed on the agenda of the special meeting.------{Deleted:M
The City Council may limit the public input on any item '---------------'
based on the number of people requesting to speak,the
length of the agenda,or the business of the Council.
6.2 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,l>g2jr!9__'?igt~~r -.-.·-{Deleted:applauding,
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./.{Formatted:Left
1413288.1 City Council Rules of Procedure .....'-------------
December 20,2011
Page 10
D-13
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 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 person(s1_rn~y_~_~!?~~t~rl!!~J:l_~9-'!:1_r:D_~_t}!~_tC?__t~~_gg_~~~iL!hr2~g_~J~~_gl!X_g!~r~nC?!.-----{,-D_el_eted_:_cil_ize_n _
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 form of all ordinances and resolutions shall be approved by the City Attorney.No
ordinance shall be prepared for presentation to the Council unless ordered by a majority
vote of the Council or prepared by the City Attorney on his/her own initiative.
7.2 Document Approval
-'-14-'-1....,3~2::.::8:.:::8"'-'.1'--City Council Rules of Procedure ....-
December 20,2011
Page 11
/.{Formatted:Left
D-14
Deleted:Resolutions,m
Deleted:,
Deleted:the approval of ordinances,
resolutions or the expenditure of
funds
Deleted:majority
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 Councilmember 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
,Besolutions1 orders for the ~ai:ment of monei:,and all ordinances reguire a recorded .Deleted:An affirmative vote of at
maioritv vote of the total membership of the City Council,pursuant to?Government least three members of the Council. ---.-~shall be necessary to adopt an
Code Section 36936.An urgency ordinance must be adopted by at least ~four-fifths""--~"""ordinance or resolution
vote of the City Council,pursuant to..@overnment Code Section 36937.__{NQ.I~~MC?!!9-~.§,,-..{Deleted:er
and any other matters not involving any of the above actionSl!!~¥..~~_~c:l.().r?t~.9J~Y...s..,\::--i>=D=e=le=te=d:=e=r======<
majority vote of the Council Members who are-p.~l?.l?~!}U __m.m m..m_mm<\:'<
7.5 Ordinance Preservation \...::.',',
Following adoption of an ordinance,the City Clerk will assign it a number and ,Q9-~.UL_.._~
according to state law.All ordinances are filed and preserved in the City Clerk's Office.......
••{Deleted:publish and/or
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.
I 1413288.1
3.Oral staff report,if any,is presented by a staff member,unless ....{Formatted:Left
City Council Rules of Procedure .,./'------------'
December 20,2011
Page 12
D-15
waived by the Council.
4.Staff responds to Councilmember questions.
5.Prior to hearing public testimony or comments,.Councilmember~------{Deleted:Council member
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,
Councill!.1_~_IJ:1_~~r~_~_~_~!Lr~Jr9L~_fr2~_~!~!jr:!g __t~_~jrJ!r:!9J.RQl!@Qr:!_9_r_~g~------{~D_el_eted_:~
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)that the normal time limit for each speaker is three minutes;
(c)that repetition should be avoided;and,
(d)that 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;
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
Iy ~_~_~~~_~_~~~~~:::::::::~:~::~::~~::::::~:::~::::::~~::::~=:::::::~:::=~::::::::::::::::::::1 :::::::;t the Mayor's discretion
6.Council will generally reserve questioning of individual speakers
until after the completion of the speaker's testimony._--{Formatted:Left
I 1413288.1 City Council Rules of Procedure ..../'---------~
December 20,2011
Page 13
D-16
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.
Formatted:Indent:Left:1",
Hanging:0.5"
Formatted:Bullets and Numbering
Deleted:Council Member
_3_.__The Council will then debate and/or make motions on the matter.....~:_-_---{Formatted:Indent:Left:1"
---{Formatted·Bullets and Numbering
_4.__During Council deliberations,the Mayor will allow each ~,-,-----
.councilmember !2_~P_l?~~_()_rlg~J~rl~r_~()__~!!()_~!t:l.9 __~!.12!h~r n n n_~"""
Council~-'Il_~~r_!2_~P_l?~~_9..g_~m:__gQ~Q9J!~rrlJ?~r~_~~g_~!9_~_trJ'I{~_~()",,_,
avoid repetition.Council~!!!R~r~_m~Y.:_~_l?J:?~r!n!n~_cj_~Q_~~_~:'-::-,,"
qu~stion~of each other or debate relevant issues as part of their \.':---::{Deleted:M
deliberations.\.'{>"'D";;e;";le=ted=:=M=======<
\{~D;';;;e;';;;le;;;;ted;;;;:~M~======<
Council Action8.5
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.
I g-.2----------------Ciifzen-Soards-,-Com-missions,--an(j-Commfttees-n ----------------------n ---n ------m --------i~~!-e_leted_:_~__'
I 1413288.1
/{Formatted:Left
City Council Rules of Procedure ",/
December 20,2011
Page 14
D-17
1.Creation
The City Council may create boards,commissions,or committees to act
as advisory boards to the Council.
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
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.Councilmember~__,~,m.9.._l?!.~_.P!.E3~~Q.L m m mm_------{Deleted:Council Member
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.'--------
11.2 Roll Call Votes
Deleted: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.
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._---{Formatted:Left<...:....:c==:.:...='-'---'
1413288.1 City Council Rules of Procedure .../
December 20,2011
Page 15
D-18
I v1-1:3--------------sflence----------------------------------l'-';:-e_'et_ed_:_l1 -'
During a collective vote (Ayes and Nays),silence of any members denotes an
affirmative vote.
11.4 Continuance of an Item
1.Continuance by a Councilmember
Any Council member 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)
(b)
(c)
The need for the continuance was beyond the control of the person
requesting it,;,------{_D_el__et_ed_::....'a_nd ---'
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~.------{>=D=e=leted=:=a=nd=======<
The AArl!tl".l_ll~!':!Q~__~Q~~_t:lgJ_~~y':~~~_~!y._?ft~QU~_~__QiJYl an~of the ~-----i>=D=e=leted=:=.=======<
affected parties.or the welfare of the City's residents.-----{Deleted:C
'-----------'
11.5 Personal Privilege
The right of a Council member to address the Council on a question of personal privilege
shall be limited to cases in which the integrity,character,or motives of the
Council member is in question,or where the welfare of the Council is concerned.
11.6 Motion !Q,_~~_9g!':!~t~_€?!"------{__D..:::el:.::..et_ed_:_f ---'
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.
I 1413288.1
_--{Formatted:Left
City Council Rules of Procedure .../
December 20,2011
Page 16
D-19
3.The motion is debatable and has precedence over a pending
motion.
(Deleted:,
When a motion is before the Council,no motion shall be entertained except:
C:IUserslSynergylAooDatalLocallMicrosofllWindowslTemDorarv Internet FileslConlent.OutlooklF9GEIJQUl20111220 City Council ,/
Rules of Procedure DRAFT CD comments·DOC,mmmmm_mm __mm h __h_h hhm_hhhm .:'
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.
The Mayor may move,second,and debate from the Chair,and shall not be deprived of
any rights and privileges of a Council member.
Motion to Amend
Motion to Postpone
Motion to Table
2.
RULES OF DEBATE
3.
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.
1.
Mayor as Presiding Officer
Appeals
Precedence of Motions
12.
12.1
12.2
12.3
i:Deleted:'II
i!13.PROTOCOL TO
:::REQUEST INFORMATION FROM
iii CITY STAFF'll
:::'II
iii 13.1 One-Hour Rule'll
:::'II!i!City staff,including the City Attorney,:ii is authorized to spend approximately
:::one hour researching and responding
iii to arequest for information made by
i ::an individual Council member.This
:ii rule applies to anew body of work
i i:and does not apply to pending
i:i agenda items.'11
:::'II
iii Requests by an individual Council
:i i member for staff support should beii:made to the appropriate senior staff
: :i member,according to the nature ofii:the request and the protocol fori:i channeling communications within a!!!~ity department.'II
i !!Information that is prepared to
i i :respond to aCouncil member's
i :i request will be provided to all
:i :members of the Council.'11
A motion to amend is debatable only as it relates to the amendment.An i :i 'II••...:i :13.2 Requests that Exceed the One-
amendment that modifies the motion IS In order;however,a substitutei:i Hour Rule'll
motion is in order if the intent is changed.Amendments are voted on first;.j i i 'IIA t'.th.'".-:'ny reques requIring more an onemainmotionvoteISlast.A motion may be amended more than once With :i hour of staff time to research a
each amendment being voted on separately.There shall only be one i i problem or prepare arespons~will. ..: :need to be approved by the City
amending motion on the floor at anyone time.i i Council to ensure that staff resources
: :are allocated in accordance with
i i overall Council priorities.'II
::'II
i i Staff will notify aCouncil member if
.••••.•i i the request will require more than anAmotiontopostponeindefinitelyISdebatable.If such a motion IS : :hour of staff time.Once so notified,
~dop~ed,t~e principal question is lost.Al!l,(,W2DJQj)g_~!RQQ_C?J~_?-_9~(tr:!!!~j !~i~yC~~~~~::~~~:~:~i~:~~~~t~~
time IS subject to debate and amendment as It relates to propriety of the i an upcoming Council agenda,in
postponement and time set.i accordance with the provisions of the:Ralph M.Brown Act.'11
i 'II:The Council member desiring Council
i direction for staff research on an item
:will prepare ashort written request for
i the agenda.'II
i 'II:The City Manager will provide either
i an oral or written report on what will
:be required to conduct the research
i or respond to the request and the
i impact of the request (if any)ocw
!Deleted:W:ICity CouncillRules of.--------------------------------------------*------------------*-------------------.;---------------------------------------------"Procedure120111220 City Council
Rules of Procedure
DRAFT.DOCW:ICity CouncillRules of
Procedure120100504 City Council
Rules of Procedure.DOC
__-{Formatted:Left
~......."I 1413288.1 City Council Rules of Procedure
December 20,2011
Page 17
D-20
13.PROTOCOL TO REQUEST INFORMATION FROM CITY STAFF
13.1 One-Hour Rule
City staff,including the City Attorney,is authorized to spend
approximately one hour researching and responding to a request
for information made by an individual Council member.This rule
applies to a new body of work and does not apply to pending
agenda items.
Requests by an individual Council member for staff support should
be made to the appropriate senior staff member,according to the
nature of the request and the protocol for channeling
communications within a City department.
Information that is prepared to respond to a Council member's
request will be provided to all members of the Council.
13.2 Requests that Exceed the One-Hour Rule
Any request requiring more than one hour of staff time to research
a problem or prepare a response will need to be approved by the
City Council to ensure that staff resources are allocated in
accordance with overall Council priorities.
Staff will notify a Council member if the request will require more
than an hour of staff time.Once so notified,the Council member
may instruct the City Manager to place the request on an upcoming
Council agenda,in accordance with the provisions of the Ralph M.
Brown Act.
The Council member desiring Council direction for staff research on
an item will prepare a short written request for the agenda.
The City Manager will provide either an oral or written report on
what will be required to conduct the research or respond to the
request and the impact of the request (if any)on other work.The
Council,by a majority vote of the Council members who are
present at the meeting,will then determine whether it wishes to
have staff perform the work.The Council may choose to take no
action,in which case the matter is closed.
No change in policy or addition of a new program or service will be
made without a full staff report on the costs and impacts on other
services,programs or workload.
D-21
RANCHO PALOS VERDES
CITY COUNCIL
RULES OF PROCEDURE
LAST AMENDED:December 20,2011
D-22
Table of Contents
Subject Page
1.
2.
3.
4.
5.
Authority
General Rules
2.1 Quorum
2.2 Vacancy by Unexcused Absence
2.3 Minutes of Proceedings
2.4 Right of Floor
2.5 Rules of Order
2.6 City Manager
2.7 City Attorney
2.8 City Clerk
2.9 Department Heads/Employees
Types of Meetings
3.1 Public Meetings
3.2 Regular Meetings
3.3 Adjourned Meetings
3.4 Special Meetings
3.5 Closed Session Meetings
3.6 Work Session Meetings
3.7 Media Attendance
3.8 Recess
3.9 Redevelopment Agency and Improvement Authority Business
Duties of the Mayor
4.1 Election of the Mayor
4.2 Mayor Pro Tern
4.3 Presiding Officer
4.4 Call to Order
4.5 Preservation of Order
4.6 Point of Order
Order and Preparation of Agenda
5.1 Order of Business
5.2 Agenda Preparation
5.3 Agenda Posting
5.4 Minutes
5.5 Public Comments (see Citizen's Rights in Section 6)
5.6 Public Hearings
5.7 Consent Calendar
5.8 City Council Oral Reports
5.9 Actions Limited to Posted Agenda
4
4
4
4
4
4
4
4
5
5
5
5
5
5
6
6
6
6
6
7
7
7
7
7
7
7
7
8
8
8
8
8
8
9
9
9
9
9
City Council Rules of Procedure
December 20,2011
Page 1D-23
SUbject Page
6.
7.
Citizen's Rights
6.1 Addressing the Council
6.2 Personal and Slanderous Remarks
6.3 Enforcement of Decorum
6.4 Reading of Protests
6.5 Written Communications
Ordinances,Resolutions and Contracts
9
9
10
11
11
11
11
7.1
7.2
7.3
7.4
7.5
Document Preparation
Document Approval
Ordinance Introduction/Adoption
Majority Vote Required
Ordinance Preservation
11
11
12
12
12
8.Procedures Regarding Public Hearings 12
8.1
8.2
8.3
8.4
8.5
Introduction
Staff and Written Material Presentation
Public Testimony
Council Deliberations
Council Action
12
12
13
13
14
9.Boards,Commissions and Committees 14
9.1
9.2
Mayor/City Council Committee
Citizen Boards,Commission and Committees
14
14
10.
11.
12.
Suspension and Amendment of These Rules
10.1 Suspension
10.2 Amendment
Miscellaneous Rules
11 .1 Motion to be Stated
11.2 Roll Call Votes
11.3 Silence
11.4 Continuance of an Item
11.5 Personal Privilege
11.6 Motion to Reconsider
Rules of Debate
12.1 Mayor as Presiding Officer
12.2 Appeals
12.3 Precedence of Motions
15
15
15
15
15
15
16
16
16
16
17
17
17
17
City Council Rules of Procedure
December 20,2011
Page 2
D-24
1.AUTHORITY
RULES OF PROCEDURE
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 Council member 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 Deputy City Manager or Acting City Manager shall substitute.The
City Council Rules of Procedure
December 20,2011
Page 3
D-25
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
subsHtute.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
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 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 is called for,such time.
City Council Rules of Procedure
December 20,2011
Page 4D-26
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.
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 Councilmembers 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 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
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 the matters specified in the notice 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.
City Council Rules of Procedure
December 20,2011
Page 5
D-27
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.
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
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 Councilmembers,staff and/or citizens,shall confine debate to the item
under discussion,and shall discourage debate between Councilmembers and persons
addressing the Council.
City Council Rules of Procedure
December 20,2011
Page 6
D-28
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.Ceremonial
3.Mayor's Announcements
.4.Recycling Drawing
5.Approva:of Agenda
6.Public Comments
7.City Manager Reports
8.Consent Calendar
9.Public Hearings
10.Regular Business
11.City Council Oral Reports
12.Closed Session Report
13.Adjournment
5.2 Agenda Preparation
The Agenda shall be prepared in accordance with the preparation procedure,as
directed by the City Manager.In consultation with the Mayor and/or Mayor Pro Tem,
each agenda item shall include an estimate of the time that should be required for the
City Council to review,consider and take action regarding that agenda item.
The Agenda shall be delivered to the Mayor and Councilmembers as soon as
practicable after 5:00 p.m.on the Wednesday 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.
City Council Rules of Procedure
December 20,2011
Page 7
D-29
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 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.Councilmembers 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.
City Council Rules of Procedure
December 20,2011
Page 8
D-30
(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 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 to
items listed on the agenda of the special meeting.
(f)The City Council may limit the public input on any item
based on the number of people requesting to speak,the
length of the agenda,or the business of the Council.
6.2 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,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.
City Council Rules of Procedure
December 20,2011
Page 9D-31
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 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 form of all ordinances and resolutions shall be approved by the City Attorney.No
ordinance shall be prepared for presentation to the Council unless ordered by a majority
vote of the Council or prepared by the City Attorney on his/her own initiative.
7.2 Document Approval
City Council Rules of Procedure
December 20,2011
Page 10
D-32
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.
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
City Council Rules of Procedure
December 20,2011
Page 11
D-33
waived by the Council.
4.Staff responds to Council member questions.
5.Prior to hearing public testimony or comments,Councilmembers
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)that the normal time limit for each speaker is three minutes;
(c)that repetition should be avoided;and,
(d)that 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;
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
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 testimony.
City Council Rules of Procedure
December 20,2011
Page 12
D-34
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
Council member to speak once prior to allowing another
Council member to speak again.Councilmembers should strive to
avoid repetition.Councilmembers may be permitted to ask
questions of each other or debate relevant issues as part of their
deliberations.
8.5 Council Action
1.Council may,at this point,continue the open public hearing.
(a)This should be done if any additional information is
requested (e.g.a staff report).
(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.
9.1
BOARDS,COMMISSIONS AND COMMITTEES
Mayor/City 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
City Council Rules of Procedure
December 20,2011
Page 13
D-35
1.Creation
The City Council may create boards,commissions,or committees to act
as advisory boards to the Council.
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
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 Councilmembers 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 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.
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 Council member,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.
City Council Rules of Procedure
December 20,2011
Page 14D-36
11.3 Silence
During a collective vote (Ayes and Nays),silence of any members denotes an
affirmative vote.
11 .4 Continuance of an Item
1.Continuance by a Council member
Any Council member 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 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;
(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 Council member to address the Council on a question of personal privilege
shall be limited to cases in which the integrity,character,or motives of the
Council member 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.
City Council Rules of Procedure
December 20,2011
Page 15
D-37
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 Council member.
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 anyone 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 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.
***
W:\Carla\City Council Staff Reports\2011 -Staff Reports\Revised CC Rules of Procedure 20111220.DOC
City Council Rules of Procedure
December 20,2011
Page 16
D-38