HomeMy WebLinkAbout(1993, 06/28) - A-10 - AmendedPROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS
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Regular Meetings. The City Council shall hold regular meetings on
the second and fourth Mondays in each month at the hour of 7:00
p.m., (except only one meeting is to be held during December in
which that meeting shall occur on the second Monday) 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 the Mayor should
fail to act, by four members on 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.
Meetings to the Public - Exception for Closed Sessions. All
regular and special meetings of the City Council shall be public
provided, however, the City Council may hold closed sessions
during a regular, special or study session meeting, and from which
the public shall be excluded, for the purposes of considering the
matters referred to in Sections 54956.7, 54956.8, 54956.9, 54957,
and 54957.6 of the Government Code of the State of California as
well as court rulings and opinions of the Attorney General of the
State of California. In summary, these laws authorize the City
Council to hold a closed session to do any of the following:
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 2:00
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 session shall be
open to the public and 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 participation of the public in such
sessions shall be subject to the discretion of the Presiding
Officer.
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 Council member 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 and shall be received at least
24 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 as to any Council member, who at or
prior to the time the meeting convenes, files with the City Clerk
a written waiver of notice. Such waiver may be given by telegram.
Such written notice may also be dispensed with as to any member
who is actually present at the meeting at the time it convenes.
Meetings to the Public - Exception for Closed Sessions. All
regular and special meetings of the City Council shall be public
provided, however, the City Council may hold closed sessions
during a regular, special or study session meeting, and from which
the public shall be excluded, for the purposes of considering the
matters referred to in Sections 54956.7, 54956.8, 54956.9, 54957,
and 54957.6 of the Government Code of the State of California as
well as court rulings and opinions of the Attorney General of the
State of California. In summary, these laws authorize the City
Council to hold a closed session to do any of the following:
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a) To consult with the Attorney General, District Attorney,
Sheriff or Chief of Police on matters posing a threat to the
security of public buildings or a threat to the public's
right of access to public services or public facilities
Section 54957);
b) To consider matters affecting the national security (Section
54957);
c) To confer with, or receive advice from, legal counsel
regarding pending litigation (Section 54956.9);
d) To meet with and instruct its designated representatives
regarding the salaries, salary schedules, compensation paid
in the form of fringe benefits of employees, and any
mandatory subject within the scope of representation of its
represented employees as determined pursuant to the
Meyers - Millas -Brown Act; and for the purpose of meeting with
the state conciliator who has intervened in the proceedings;
and
e) To consider the appointment, employment, evaluation of
performance, or dismissal of public employee to hear
complaints or charges brought against such employee by
another person or employee unless such employee requests a
public hearing. Notwithstanding any of the provisions of
this paragraph, the City Council shall not consider the
appointment to any board, commission or committee in closed •
session nor shall such appointment be voted upon by secret
ballot. (Section 54957).
Prior to any closed session, the City Council shall state the
general reason or reasons for the closed session and may cite the
statutory or other legal authority under which the session is
being held. In the closed session the City Council may consider
only those matters covered in its statement. In the case of
special, adjourned and continued meetings, the statement shall be
made as a part of the notice provided for the special, adjourned
or continued meeting. Nothing in this paragraph, however, shall
be construed to require or authorize the giving of names or other
information which would constitute an invasion of privacy or
otherwise unnecessarily divulge the particular facts concerning
the closed session.
No member of the City Council, employee of the City, or any other
person present during a closed session of the Council shall
disclose to any person the content or substance of any discussion
which took place during said closed session unless the City
Council shall authorize the disclosure of such information by
majority vote. Provided, however, the City Council shall publicly
report at the public meeting during which the closed session is
held or at its next public meeting any action taken and any roll
call vote thereon, to appoint, employ or dismiss a public employee
arising out of said closed session of the City Council.
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f) To meet and consult with its negotiator prior to the
purchase, sale, exchange or lease of real property by or for
the local agency to give instructions to its negotiator
regarding the price and terms of payment for the purchase,
sale, exchange or lease. However, prior to holding any
closed session to discuss the terms with the negotiator, the
City Council shall hold an open and public session in which
it identifies the real property or properties which the
negotiations may concern, and the person or persons with
whom its representative may negotiate.
Agenda.
a) All reports, communications, ordinances, resolutions,
contract documents, or other matters 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 Friday following the
Monday Council 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 City Council
Members on the Wednesday 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 Thursday preceding
the meeting.
b) The agenda shall contain a brief description of each item of
business to be transacted or discussed. The agenda shall be
posted on the bulletin board outside of the personnel
office, at the front of City Hall, at least 72 hours before
each regular meeting, and the City Clerk shall maintain
records of the name of the person posting the agenda, and
the date and time of posting. This information shall be
presented to the City Council by the Clerk at the meeting
for which the agenda is posted, and noted in the minutes of
the meeting.
6. Council Correspondence.
a) Placing on Agenda. Correspondence received in the City
Clerk's Office or other offices after 5:00 p.m. on the
Friday following a regular Council meeting shall not be
placed on the agenda unless it concerns a matter to be
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 Citv 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 administrative
business referred to in said communication and not
necessarily requiring Council action may be acted upon
between Council meetings, or shall prepare a staff report
for the next Council meeting.
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7. Order of Business. The business of the Council shall be taken upfortheconsiderationanddispositioninthefollowingorder:
Pledge of allegiance;
Invocation;
Special presentations;
Call to order and roll call;
Approval of Minutes;
Waiver of reading of ordinances and resolutions;
Consent Calendar;
Public hearings;
Disposition of items removed from Consent Calendar;
Public comments;
Ordinances for adoption;
Continued business;
Current business; and •
Adjournment.
The order of business shall not be changed except by majority voteoftheCityCouncil.
8. Consideration of Off- Avenda Items. No action may be taken on anoff - agenda item unless: (a) Majority of those present determine
that an emergency situation exists; or (b) two - thirds of the
members, or all of the members if less than two - thirds are
present, determine that the need to take action on the item arose
subsequent to the posting of the agenda; or (c) the item was
included in a properly posted agenda for prior meeting occurringnotmorethanfivedayspriortothemeetingatwhichtheactionistakenandthematterwascontinuedtothemeetingatwhichactionistaken. It is inevitable that subjects will be
discussed, either during the course of consideration of agendaitemsorduringpubliccomment, on which no action can be takenbecausethecircumstancesoutlinedin (a - c) above do not exist. In such event, the Mayor shall have the power to refer the matter
to staff, or to place the item on the agenda of a future meeting, or both.
9. Preparation of Minutes. The City Clerk shall have exclusive
responsibility for preparation of the minutes, and any directionsforchangesintheminutesshallbemadeonlybymajorityactionoftheCityCouncil.
10. 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 • previously furnished each Council member with a copy.
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11. 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 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 Council members present to serve
until the arrival of the Mayor or Mayor Pro Tempore.
12. Powers and Duties of Presiding Officer.
a) Participation. The Presiding Officer may move, debate and
vote from the Chair.
b) Seatin Arran ement for City Council. Following each
counci manic election, members of the City Council shall be
seated at the Council table with senior Council members
having first choice of seats. The Mayor, however, shall be
seated in the center of the Council table and the Mayor Pro
Tempore shall always be seated immediately next to and to
the right of the Mayor. In the event of equal seniority
among members of the Council, selection of Council seats
shall be made alphabetically.
c) Question to be Stated. The Presiding Officer or such member
of the City staff as he or she 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
or her discretion may publicly explain the effect of a vote
for the audience, or he or she 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 or her signature which were adopted in his
or her presence, unless he or she 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.
13. Rules of Debate.
a) Getting the Floor. Every Council member 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.
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b) Questions to Staff. Every Council member desiring to
question the City staff shall, after recognition by the
Presiding Officer, address the 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.
c) Interruptions, A Council member, once recognized, shall not
be interrupted when speaking unless called to order by thePresidingOfficer, unless a point of order or personal
privilege is raised by another Council member, or unless the
speaker chooses to yield to a question by another Council
member. If a Council member, while speaking, is called to
order, he or she shall cease speaking until the question of
order is determined and, if determined to be in order, he or
she 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 Council member
to appeal to the Council. If an appeal is taken, the
question shall be "Shall the decision of the PresidingOfficerbesustained ?" A majority vote shall conclusivelydeterminesuchquestionoforder.
e) Point of Personal Privile e. 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 are questioned or where the welfare of the
Council is concerned. A Council member raising a point of
personal privilege may interrupt another Council member who
has the floor only if the Presiding Officer recognizes the
privilege.
f) Privilege of Closine Debate. The Council member moving the
adoption of an ordinance, resolution or motion shall have
the privilege of closing debate.
g) Limitation of Debate. No Council member shall be allowed to
speak more than once upon any particular subject until every
other Council member desiring to do so shall have spoken.
14. Remarks of Council Member and S9nopsis of Debate. A Council
member may request through the Presiding Officer the privilege of
having an abstract of his or her statement on any subject underconsiderationbytheCouncilenteredintheminutes. If the
Council consents thereto, such statement shall be entered in the
minutes.
15. Protest Against Council Action. Any Council member shall have therighttohavethereasonslorhisorherdissentfrom, of his or
her protest against, any action of the Council entered in the
minutes. Such dissent or protest to be entered into 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 followingreasons....."
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c) Interruptions. A Council member, 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 Council member, or unless the speaker chooses to yield
to a question by another Council member. If a Council member,
while speaking, is called to order, he or she shall cease speaking
until the question of order is determined and, if determined to be
in order, he or she 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 Council member 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 Council member to
address the Council on a question of personal privilege shall be
limited to cases in which the integrity, character or motives are
is
questioned or where the welfare of the Council is concerned. A
Council member raising a point of personal privilege may interrupt
another Council member who has the floor only if the Presiding
Officer recognizes the privilege.
f) Privilege of Closing Debate. The Council member moving the
adoption of an ordinance, resolution or motion shall have the
privilege of closing debate.
g) Limitation of Debate. No Council member shall be allowed to speak
more than once upon any particular subject until every other
Council member desiring to do so shall have spoken.
14. Remarks of Council Member and Synopsis of Debate. A Council member may
request through the Presiding Officer the privilege of having an
abstract of his or her 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.
15. Protest Against Council Action. Any Council member shall have the right
to have the reasons for his or her dissent from, of his or her protest
against, any action of the Council entered in the minutes. Such dissent
or protest to be entered into the minutes shall be made in the following
manners "I would like the minutes to show that I am opposed to this
action for the following reasons....."
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b) Persons Addressing the Council. Each person addressing the
Council shall conduct themselves in a manner to promote
informative discussion for consideration of Council matters
and shall confine their remarks to the matters at hand. Any
person making repetitious or irrelevant remarks, or who
makes impertinent, slanderous, or profane remarks, or who
becomes boisterous, or engages in any other disorderly
conduct which disrupts, or otherwise impedes the orderly
conduct of the Council meeting 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. No person shall be
ruled out of order or barred from further audience before
the Council because of disagreement with the person's
viewpoint on a Council matter or because of the speaker's
identity.
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, 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 them 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 Council member may move to require the
Presiding Officer to enforce the rules upon affirmative vote
of a majority of the Council.
20. Motions - Second not Required. A motion by an member of the
Council, including the Presiding Officer, may L considered by the
Council without receiving a second.
21. 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 the member's
name being called by the City Clerk, or by pressing a switch to
cause a green light to show for an affirmative vote or a 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 ofgyalightingsystemshallbeaudiblyannouncedtheCityClerkand
recorded in the minutes as the vote.
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22. Disqualification for Conflict of Interest. Any Council member 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 disqualification in open meeting.
Where no clearly disqualifying conflict of interest appears, the
matter of disqualification may, at the request of the Council
member affected, be decided by the other Council members. A
Council member who is disqualified by reason of a conflict of
interest in any matter shall not remain in his or her 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. A Council member 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.
23. Failure to Vote. Every Council member should vote unless
disqualified by reason of a conflict of interest. A Council
member who abstains from voting in effect consents that a majority
of the quorum may decide the question voted upon.
24. Tie Vote. Tie votes shall be lost motions and may be
reconsidered.
25. 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.
26. Reconsideration. A motion to reconsider any action taken by the
City Council may be made only by one of the Council members who
voted with the prevailing side.
27. 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
Mana *er, or prepared by the City Attorney on his own
initiative. The Planning Commission may initiate zoning and
planning ordinances.
b) Prior Ayyroval by Administration Staff. All ordinances,
resolutions and contract documents shall, before
presentation to the Council, have been approved 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.
28. 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 Council member
so requests, the ordinance or resolution shall be read in full.
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29. Council Meeting Length. It is the intent of the City Council that
no additional item will be introduced on a City Council agenda
after the hour of 11:00 p.m. Furthermore, it is the City
Council's intent that if the item introduced and being discussed
by 11:00 p.m. is not concluded by 12:00 p.m., the Council should
adjourn the meeting to another date. The intent and purpose of
this policy is to encourage a reasonable hour in which the Council
business is discussed and to protect against fatigue in discussing
and deciding important City issues.
Adopted - August 21, 1972 Amended - March 24, 1986
Amended - November 24, 1975 Amended - January 12, 1987
Amended - November 28, 1977 Amended - May 26, 1987
Amended - July 24, 1978 Amended - November 28, 1988
Amended - September 11, 1978 Amended - August 13, 1990
Amended - November 27, 1978 Amended - October 22, 1990
Amended - October 23, 1979 Amended - June 28, 1993
Amended - February 9, 1981
Amended - June 25, 1984
Amended - October 22, 1984
Amended - June 24, 1985
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