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HomeMy WebLinkAbout7777 - Procedural Rules of Council Meetingsi I RESOLUTION NO. 7777 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS WHEREAS, Section 410 of the City Charter provides that the City Council may establish rules for the conduct of its proceedings; and WHEREAS, it is appropriate and convenient to establish said procedural rules by resolution; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach: SECTION 1. Regular Meetings. The City Council shall hold regular meetings on the second and fourth Mondays in each month at the hour of 7:30 p.m. in the Council Chamber of the City Hall, 3300 Newport Boulevard, in the City, or in such other place within the City limits to which said meeting may be adjourned. If by reason of fire, flood, or other emergency, it shall be unsafe to meet in the City Hall, the meetings may be held for the duration of the emergency at such other place as is designated by the Mayor or, if he should fail to act, by four members of the City Council. When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the following business day. SECTION 2. Study Sessions. The City Council shall meet in a study session on the second and fourth Mondays in each month at the hour of 1 :30 p.m. in the Council Chamber of the City Hall, or at such other places as may be determined by the Council, for the purpose of hearing reports from the staff and reviewing, discussing and debating matters of interest to the City. Such sessions shall be open to the public and the press. No official action shall be taken at a study session; provided, however, that nothing herein shall be deemed to prevent the taking of an informal vote on any matter under discussion. The -1- • I participation of the public in such sessions shall be subject to the discretion of the presiding officer. SECTION 3. Special Meetings. Special meetings may be called at any time by the Mayor, or by four members of the City Council, by delivering personally or by mailing written notice to each Councilman and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty -four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with if all Councilmen give their written consent to the holding of such meeting, and such consent is on file in the office of the City Clerk at least 15 hours prior to such meeting. Such waiver may be given by telegram. SECTION 4. Meetings to be Public -- Exception for Executive Sessions. All regular and special meetings of the City Council shall be public; provided, however, the City Council may hold executive sessions during a regular or special meeting, from which the public may be excluded, for the purpose of considering the matters referred to in Sections 54957 and 54957.6 of the Government Code of the State of California, and to confer with legal counsel concerning anticipated or pending litigation. No member of the City Council, employee of the City, or any other person present during an executive session of the Council shall disclose to any person the content or substance of any discussion which took place during said executive session unless the City Council shall authorize the disclosure of such information by majority vote. SECTION 5. Agenda. All reports, communications, ordinances, resolutions, contract documents, or other matters -2- s I to be submitted to the Council at a regular meeting shall be delivered to the City Clerk not later than 5:00 p.m. on the Wednesday preceding the meeting. The City Clerk shall prepare the agenda of all such matters under the direction of the City Manager. The agenda shall be delivered to the Councilmen on the Thursday preceding the Monday Council meeting to which it pertains, and shall be made available to the public no later than 8:30 a.m. on the Friday preceding the meeting. SECTION 6. Council Correspondence. (a) Placing on Agenda. Correspondence received in the City Clerk's office or other offices after 10:00 a.m. on the Wednesday preceding a regular Council meeting shall not be placed on the agenda unless it concerns a matter to bo considered by the Council at the next regular meeting or is determined by the Mayor or the City Manager to be an urgent matter which should be brought to the immediate attention of the Council. Correspondence shall not be read aloud at a Council meeting unless requested by a majority vote of the Council. (b) Authority of City Clerk. The City Clerk is authorized to open and examine all mail or other written communications addressed to the City Council and to immediately give a copy to the City Manager. The City Manager shall give it immediate attention to the end that all adminis- trative business referred to in said communications and not necessarily requiring Council action may be acted upon between Council meetings, or shall prepare a staff report for the next Council meeting. SECTION 7. Order of Business. The business of the Council shall be taken up for consideration and disposition in the following order: 1. Pledge of allegiance and invocation. 2. Call to order and roll call. 3. Special presentations. 4. Approval of the Minutes. -3- 5. Waiver of reading of ordinances and 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. resolutions. Public hearings. Ordinances for adoption. Ordinances for introduction. Continued business. Current business. Consent calendar. Additional business. Oral communications from the audience. Council statements and requests. Adjournment. The order of business shall not be changed except by majority vote of the City Council. SECTION S. Preparation of Minutes. The City Clerk shall have exclusive responsibility for preparation of the minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council. SECTION 9. Reading of Minutes. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each Councilman with a copy. SECTION 10. Presiding Officer. The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, or at the Mayor's request, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Councilmen present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment. Wherever in this resolution the term Mayor is used, it shall apply equally to the Presiding Officer as defined in this section. SECTION 11. Powers and Duties of Presiding Officer. (a) Participation. The Presiding Officer may move, second, debate, and vote from the Chair. (b) Seating Arrangement for City Council. The Mayor shall, following each Councilmanic election and at such other time as he may deem it necessary, establish the seating arrangement of the members of the Council. The Mayor Pro Tempore shall always be seated immediately next to the Mayor. (c) Question to be Stated. The Presiding Officer or such member of the City staff as he may designate shall verbally restate each question immediately prior to calling for the vote. Following the vote, the City Clerk shall announce whether the question carried or was defeated. The Presiding Officer in his discretion may publicly explain the effect of a vote for the audience, or he may direct a member of the City staff to do so, before proceeding to the next item of business. (d) Signing of Documents. The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating his signature which were adopted in his presence, unless he is unavailable, in which case the signature of an alternate Presiding Officer may be used. (e) Sworn Testimony. The Presiding Officer may require any person addressing the City Council to be sworn as a witness and to testify under oath, and the Presiding Officer shall so require if directed to do so by a majority vote of the Council. SECTION 12. Rules of Debate. (a) Getting the Floor. Every Councilman desiring to speak shall first address the Chair, gain recognition by the Presiding Officer, and shall confine himself to the question under debate, avoiding personalities and indecorous language. (b) Questions to Staff. Every Councilman desiring to question the City staff shall, after recognition by the Presiding Officer, address his questions to the City Manager, the City Clerk, or the City Attorney, who shall be entitled either to answer the inquiry himself or to designate a member of his staff for that purpose. -5- (c) Interruptions. A Councilman, once recognized, shall not be interrupted when speaking unless called to order by the Presiding Officer, unless a point of order or personal privilege is raised by another Councilman, or unless the speaker chooses to yield to a question by another Councilman. If a Councilman, while speaking, is called to order, he shall cease speaking until the question of order is determined and, if deter- mined to be in order, he may proceed. Members of the City staff after recognition by the Presiding Officer shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. (d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Councilman to appeal to the Council. If an appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained ?" A majority vote shall conclusively determine such question of order. (e) Point of Personal Privilege. The right of a Councilman to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character or motives are questioned or where the welfare of the Council is concerned. A Councilman raising a point of personal privilege may interrupt another Councilman who has the floor only if the Presiding Officer recognizes the privilege. (f) Privilege of Closing Debate. The Councilman moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate. (g) Limitation of Debate. No Councilman shall be allowed to speak more than once upon any particular subject until every other Councilman desiring to do so shall have spoken. 1-8 SECTION 13. Remarks of Councilman and Synopsis of Debate. A Councilman may request through the Presiding Officer the privilege of having an abstract of his statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. SECTION 14. Protest Against Council Action. Any Councilman shall have the right to have the reasons for his dissent from, or his protest against, any action of the Council entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons..." SECTION 15. Rules of Order. Except as provided in this Code, the City Charter, other rules or practices followed by the City Council, or applicable provisions of State law, the procedures of the Council shall be governed by the latest revised edition of Roberts' Rules of Order. SECTION 16. Failure to Observe Rules of Order. Rules adopted to expedite the transaction of the business of the Council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law. SECTION 17. Addressing the Council. (a) Manner of Addressing Council. Each person desiring to address the Council shall step up to the microphone in front of the rail, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is granted bys majority vote of the Council, shall limit his remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be asked a Councilman or a member of the City staff without the permission of the Presiding Officer. (b) Spokesman for Group of Persons. In order to expedite matters and to avoid repetitious presentations, -7- whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesman be chosen by the group to address the Council and, in case additional matters are to be presented by any other member of said group, to limit the number 4 of such persons addressing the Council. (c) After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by a majority vote of the City Council. SECTION 18. Rules of Decorum. (a) Councilmen. While the Council is in session, the members must preserve order and decorum. Each Council member shall conduct himself with decorum and shall neither, by conversation or otherwise, delay nor interrupt the proceedings or the peace of the Council, nor disturb any member while speaking or refuse to obey the orders of the Presiding Officer. Members of the Council shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer. (b) Persons Addressing the Council. Any person making impertinent, slanderous, or profane remarks, or who becomes boisterous while addressing the Council, shall be called to order by the Presiding Officer and, if such conduct continues, may at the discretion of the Presiding Officer be ordered barred from further audience before the Council during that meeting. (c) Members of the Audience. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, it yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting, or refuse to comply with the lawful orders of the Presiding Officer. Upon instructions from the Presiding Officer it shall be the duty of the Sergeant -at -Arms to remove any such person from the Council Chamber and to place him under arrest. (d) Persons Authorized to be Within Rail. No person except members of the Council and the City staff shall \ be permitted within the rail without the consent of the Presiding � Officer. (e) Enforcement of Decorum. The Chief of Police, or such member or members of the Police Department as he may designate, shall be Sergeant -at -Arms of the City Council and shall carry out all orders given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meetings. Any Councilman may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require him to do so. SECTION 19. Motions -- Second Not Required. A motion by any member of the Council, including the Presiding Officer, may be considered by the Council without receiving a second. SECTION 20. Voting Procedure. Any vote of the Council, including a roll call vote, may be registered by the members by answering "Yes" for an affirmative vote or "No" for a negative vote upon his name being called by the City Clerk, or by pressing • switch to cause a green light to show for an affirmative vote or • red light to show for a negative vote upon a vote being called for by the Presiding Officer. The result of any vote registered by means of a lighting system shall be audibly announced by the City Clerk and recorded in the minutes as the vote. SECTION 21. Disqualification for Conflict of Interest. Any Councilman who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualifi- cation in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Councilman affected, be decided by the other Councilmen. A Councilman who is disqualified by reason of a It conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the Presiding Officer to step down from the Council table and leave the Council Chamber. A Councilman stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. SECTION 22. Failure to Vote. Every Councilman should vote unless disqualified by reason of a conflict of interest. A Councilman who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon. SECTION 23. Tie Vote. Tie votes shall be lost motions and may be reconsidered. SECTION 24. Changing Vote. A member may change his vote only if he makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. A Councilman who publicly announces that he is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his abstention. SECTION 25. Reconsideration. A motion to reconsider any action taken by the Council may be made only on the day such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion may be made only by one of the Councilmen who voted with the prevailing side. Nothing herein shall be construed to prevent any Councilman from making or remaking the same or any other motion at a subsequent meeting of the Council. SECTION 26. Ordinances, Resolutions and Contracts. (a) All ordinances, resolutions and contracts shall be prepared by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or requested by the Mayor, or City Manager, or preapred by the City Attorney on his own -10- r] is initiative. The Planning Commission may initiate zoning and planning ordinances. (b) Prior Approval by Administration Staff. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been aprroved as to form and legality by the City Attorney and shall have been examined and approved for administration by the City Manager or his authorized representative. SECTION 27. Reading of Ordinances and Resolutions. If a motion to waive reading of all ordinances and resolutions has been adopted at the beginning of the Council meeting, the City Clerk will read the ordinances and resolutions by title only. If any Councilman so requests, the ordinance or resolution shall be read in full. ATTEST: ADOPTED this 21st day of August , 1972. AN _ Ir TIFIED AS XTHEO IGINAL CITY CLERK OF THE CI RT BEACH DAM MAY 1 019744 -11- DDO/bc 4/1/72 7/21/72 8/3/72 5/2/74