Agenda, special meeting, first session — Garden Grove City Council, November 15, 2022 (part 1 of 4)

AGENDA
Garden Grove City
Council
Tuesday, November 15,
2022
6:30 PM

SPECIAL MEETING -
Community Meeting
Center, 11300 Stanford
Avenue, Garden Grove,
CA 92840
Steve Jones
Mayor
Diedre Thu-Ha Nguyen
Mayor Pro Tem - District 3
George S. Brietigam
Council Member
- District 1
John R. O'Neill
Council Member - District 2
Patrick Phat Bui
Council Member - District 4
Stephanie Klopfenstein
Council Member
- District 5
Kim B. Nguyen
Council Member - District 6
COVID-19 Information
:

Members of the public can address the City Council during the public comment portion of the meeting in person or via e-mail. If you plan to attend the meeting in person, masks or face coverings are required to be worn if you are not vaccinated. If you feel ill or are showing symptoms of COVID-19, please consider submitting comments by e-mail. Instructions are available on the City's website at https://ggcity.org/city-council/meetings-participation

Meeting Assistance
:

Any person requiring auxiliary aids and services, due to a disability, to address the City Council, should contact the City Clerk's Office 72 hours prior to the meeting to arrange for accommodations. Phone: (714) 741-5040.

Agenda Item Descriptions
:

Are intended to give a brief, general description of the item. The City Council may take legislative action deemed appropriate with respect to the item and is not limited to the recommended action indicated in staff reports or the agenda.

Documents/Writings
:

Any revised or additional documents/writings related to an item on the agenda distributed to all or a majority of the Council Members within 72 hours of a meeting, are made available for public inspection at the same time (1) in the City Clerk's Office at 11222 Acacia Parkway, Garden Grove, CA 92840, during normal business hours; (2) on the City's website as an attachment to the City Council meeting agenda; and (3) at the Council Chamber at the time of the meeting.

Public Comments
:

Members of the public who attend the meeting in-person and would like to address the City Council are requested to complete a pink speaker card indicating their name and address, and identifying the subject matter they wish to address. This card should be given to the City Clerk before the meeting begins. General comments are made during "Oral Communications" and should be limited to matters under consideration and/or what the City Council has jurisdiction over.

Persons wishing to address the City Council regarding a Public Hearing matter will be called to the podium at the time the matter is being considered.

Manner of Addressing the City Council
:

After being called by the Mayor, you may approach the
podium, it is requested that you state your name for the record, and proceed to address the City Council. All remarks and questions should be addressed to the City Council as a whole and not to

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individual Council Members or staff members. Any person making impertinent, slanderous, or profane remarks or who becomes boisterous while addressing the City Council shall be called to order by the Mayor.If such conduct continues, the Mayor may order the person barred from addressing the City Council any further during that meeting.

Time Limitation
:

When any group of persons wishes to address the City Council on the same subject matter, the Mayor may request a spokesperson be chosen to represent the group, so as to avoid unnecessary repetition.At the City Council's discretion, a limit on the total amount of time for public comments during Oral Communications and/or a further limit on the time allotted to each speaker during Oral Communications may be set.

PLEASE SILENCE YOUR CELL PHONES DURING THE MEETING.

AGENDA

ROLL CALL: COUNCIL MEMBER BRIETIGAM, COUNCIL MEMBER

O'NEILL, COUNCIL MEMBER BUI, COUNCIL MEMBER KLOPFENSTEIN, COUNCIL MEMBER K. NGUYEN, MAYOR PRO TEM D. NGUYEN , MAYOR JONES

INVOCATION

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF

AMERICA

1. ORAL COMMUNICATIONS (to be held simultaneously with other legislative bodies)

2. WRITTEN COMMUNICATIONS

2.a.

Consideration of a request from the Sister City Association of Garden Grove for co-sponsorship of the 2023 Strawberry Stomp 5K on Saturday, May 27, 2023. (Estimated Sponsorship
Cost:
$13,000
) (
Action Item
)
RECESS

CONDUCT OTHER LEGISLATIVE BODIES' BUSINESS

RECONVENE

3. CONSENT ITEMS
(Consent Items will be acted on simultaneously with one motion unless separate discussion and/or action is requested by a Council Member.)

3.a.

Adoption of a Proclamation recognizing December 10, 2022, as Human Rights Awareness Day in Garden Grove. (
Action Item
)

3.b.

Adoption of a Resolution approving the 2022 Edition of the Manual of Procedure for City Council Meetings. (
Action Item
)

3.c.

Review and acceptance of the Automatic Pass-Through Water Rate Adjustment. (
Action Item
)

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3.d.

Acceptance of Project CP1285000 - Alwood Avenue - Anthony Avenue Water Improvement Project as complete. (
Action Item
)

3.e.

Acceptance of Project No. 01-2022 - Willowick Golf Course Storage Structure Demolition as complete. (
Action Item
)

3.f.

Approval of Phase II Final Tract Map No. TR-17702 and a Subdivision Improvement Agreement with New Age Brookhurst, LLC and Pan Construction, Inc., for the Property Located at the Northwest Corner of Garden Grove Boulevard and Brookhurst Street (
Action Item
)

3.g.

Approval of a Memorandum of Understanding with the County of Orange for County funding for the construction and operations of the future Central Cities Navigation Center. (
Action Item
)

3.h.

Approval of a Density Bonus Housing Agreement with Toby Nguyen and/or Phil Dong, for a five unit apartment project located at 13361 Yockey Street, Garden Grove. (
Action Item
)

3.i.

Approval to extend the agreement with All City Management Services, Inc., to provide crossing guard services through June 30, 2023. (Cost: $163,200) (
Action Item
)

3.j.

Authorize issuance of a purchase order to Irv Seaver Motorcycles for two (2) police motorcycles. (Cost: $61,000) (
Action Item
)

3.k.

Authorize issuance of a purchase order to Innovative Playgrounds Company, Inc., for new playground equipment for Magnolia Park. (Cost: $161,067.67) (
Action Item
)

3.l.

Receive and file minutes from the meetings held on October 11, 2022, and October 25, 2022. (
Action Item
)

3.m.

Receive and file warrants. (
Action Item
)

3.n.

Approval to waive full reading of ordinances listed. ( Action Item
)

4. COMMISSION/COMMITTEE MATTERS

4.a.

Acceptance of the resignation from Planning Commissioner Dale Soeffner. (
Action Item
)

5. ITEMS FOR CONSIDERATION

5.a.

First reading and introduction of an Ordinance adopting the 2022 California Building Standards Codes with modifications
Entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GARDEN GROVE AMENDING TITLE 18 OF THE GARDEN GROVE

MUNICIPAL CODE AND ADOPTING BY REFERENCE THE

FOLLOWING PRIMARY CODES WITH CERTAIN AMENDMENTS,
DELETIONS, AND ADDITIONS THERETO: CALIFORNIA BUILDING
CODE, 2022 EDITION; CALIFORNIA RESIDENTIAL CODE, 2022
EDITION; CALIFORNIA ELECTRICAL CODE, 2022 EDITION;
CALIFORNIA MECHANICAL CODE, 2022 EDITION; CALIFORNIA

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PLUMBING CODE, 2022 EDITION; CALIFORNIA ENERGY CODE,
2022 EDITION; CALIFORNIA FIRE CODE, 2022 EDITION;
CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION;
CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022
EDITION; CALIFORNIA REFERENCED STANDARDS CODE, 2022
EDITION; AND CERTAIN SECONDARY CODES INCLUDING THE
INTERNATIONAL PROPERTY MAINTENANCE CODE, 2021 EDITION,
AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; AND
THE INTERNATIONAL SWIMMING POOL AND SPA CODE, 2021

EDITION, AS PUBLISHED BY THE INTERNATIONAL CODE
COUNCIL.
(
Action Item
)

5.b.

Approval of Amendment No. 2 to the agreement with CSG
Consultant Inc., and to award a contract to Willdan Engineering to provide on-call building contractual services. (Cost: $250,000 each contract) (
Action Item
)

6. MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY

MANAGER

7. ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday, November 22, 2022, at 5:30 p.m. in the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California 92840.

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Agenda Item - 2.a.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To:

Scott C. Stiles
From:

John Montanchez
Dept.:

City Manager
Dept.:

Community Services
Subject:

Consideration of a request
from the Sister City
Association of Garden Grove
for co-sponsorship of the
2023 Strawberry Stomp 5K
on Saturday, May 27, 2023.
(Estimated Sponsorship
Cost:
$13,000
) (
Action Item
)
Date:
11/15/2022

OBJECTIVE
For the City Council to consider a written request from the Sister City Association of Garden Grove for co-sponsorship of the 2023 Strawberry Stomp 5K on Saturday, May 27, 2023.

BACKGROUND
The Sister City Association of Garden Grove (Association) is a local non-profit organization that is in good standing with the Internal Revenue Service and has been serving the Garden Grove community since 1989. Each year, the Association sends Garden Grove youth to our sister city, Anyang, South Korea, and also hosts their youth as part of their student exchange program. All proceeds from their fundraising efforts go directly toward sending students overseas and hosting the incoming exchange students.

DISCUSSION
The Association is requesting City Council approval for co-sponsorship of the 2023 Strawberry Stomp 5K on Saturday, May 27, 2023.

FINANCIAL IMPACT
Co-sponsorship for the 2023 Strawberry Stomp 5K will have an impact to the City's General Fund. The cost to provide Police and Public Works staff required to support this event has been approximately $13,000. This approximate cost is based on the two additional hours that are added to the existing street closure plans for the annual

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Strawberry Festival Parade. These expenses will be absorbed within the current Police and Public Works budgets since this is considered a legacy event.

RECOMMENDATION
It is recommended that the City Council:

Consider the Sister City Association of Garden Grove request for co-sponsorship of their 2023 Strawberry Stomp 5K on Saturday, May 27, 2023.

By: Janet Pelayo
Community Services Manager

ATTACHMENTS:

Description
Upload Date
Type
File Name
Written Request - Sister
City Association of Garden
Grove
10/28/2022
Letter
Co-Sponsorship_Request-
Strawberry_Stomp_5K_2022-
2023.pdf

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Agenda Item - 3.a.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To:

Scott C. Stiles
From:

Teresa Pomeroy
Dept.:

City Manager
Dept.:

City Clerk
Subject:

Adoption of a Proclamation
recognizing December 10,
2022, as Human Rights
Awareness Day in Garden
Grove. (
Action Item
)
Date:
11/15/2022
Attached is a Proclamation recognizing December 10, 2022, as Human Rights Awareness Day in Garden Grove recommended for adoption.

ATTACHMENTS:

Description
Upload Date
Type
File Name
Proclamation
11/8/2022
Proclamation
11-15-
22_Human_Rights_Day_-
_December_10.pdf

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PROCLAMATION
December 10, 2022 as Human Rights Day in Garden Grove
WHEREAS, on December 10, 1948, the General Assembly of the United Nations adopted the first Universal Declaration of Human rights, proclaiming that “All human beings are born free and equal in dignity and rights”; WHEREAS, since this historic declaration 73 years ago, December 10 has been recognized internationally as Human Rights Day;
WHEREAS, in 2022, Human Rights Day is focusing on how rights are the beginning of peace within societies, and a way to create a fairer society for future generations;
WHEREAS, the Universal Declaration asserts that recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace;
WHEREAS, disregard and contempt for human rights have resulted in acts which have outraged the conscience of humankind;
WHEREAS, a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people;
WHEREAS, the Universal Declaration is referred to as the authoritative definition of human rights standards and increasingly referred to as customary international law, which all countries must abide;
WHEREAS, the primary responsibility to promote respect for these rights and freedoms lies with each individual and each of us can play a major role in enhancing human rights; and
WHEREAS, the City of Garden Grove, reaffirms its faith in fundamental human rights, in the dignity and worth of every human person, in the global right to safe migration for all immigrants and refugees, in the equal rights of men and women, and has determined to promote social progress and better standards of human life.

NOW, THEREFORE BE IT PROCLAIMED that the City of Garden Grove declares December 10, 2022, to be Human Rights Day in Garden Grove, and encourages all citizens to continue a commitment to upholding freedom, democracy and human rights in our community and around the globe.

November 15, 2022

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Agenda Item - 3.b.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To:

Scott C. Stiles
From:

Teresa Pomeroy
Dept.:

City Manager
Dept.:

City Clerk
Subject:

Adoption of a Resolution
approving the 2022 Edition
of the Manual of Procedure
for City Council Meetings.
(
Action Item
)
Date:
11/15/2022

OBJECTIVE
For the City Council to adopt the attached Resolution approving the 2022 Edition of the Manual of Procedure for City Council Meetings.

BACKGROUND
The last edition of the Manual of Procedure for City Council Meetings was adopted in 2016. Recent legislation has been enacted amending the Brown Act on teleconferencing
and
disruptions
.

DISCUSSION
The attached 2022 edition of the Manual of Procedures for City Council Meetings reflects current City Council meeting practices and includes amendments to the Brown Act for public meetings, particularly the provisions of AB 2449
and
SB 1100
.

AB 2449 - Teleconferencing.

AB 2449 adds Govt. Code section 54953(f) to the Brown Act and provides that a councilmember can teleconference into a meeting without noticing the location on the agenda or making the location available for public participation for either “just cause” or “emergency circumstances.”
However, at least a quorum of the Council (50% + 1)
must attend the meeting in person from a single location that is identified on the agenda and open to the public.

The meeting must be broadcast by two-way audio
visual means.

A councilmember can participate remotely under either of the following circumstances:

1. Just Cause
– defined as a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to

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participate remotely; a contagious illness that prevents a member from attending in person; a need related to a physical or mental disability defined in the Government Code that is not otherwise accommodated as a reasonable accommodation under the ADA; or travel while on official business of the Council or another state or local agency.

2. Emergency Circumstances
– defined as a physical or family medical emergency
that prevents a member from attending in person.

A councilmember who elects to participate remotely for just cause may not do so no more than two times per calendar year. The councilmember must notify the Council of the need to teleconference due to just cause at the earliest opportunity possible, including at the start of a regular meeting, and must include a general description of the circumstances relating to their need to appear remotely during the meeting. A councilmember does not need the Council’s approval to teleconference for just cause.

However, if the meeting is not broadcast by way of two-way audio visual, the councilmember could not attend for just cause.

If a councilmember desires to participate remotely due to emergency circumstances, this request must be approved by the Council for the meeting at which the councilmember desires to participate via teleconference. The Council must request a general description of the circumstances relating to the need to appear remotely, which generally does not need to exceed 20 words, nor shall it require the councilmember to disclose any medical diagnosis, disability, or other personal medical information that is otherwise protected by law. The Council may take action on a councilmember’s request at the earliest opportunity, and if the request does not allow sufficient time to place the item on the posted agenda, then the Council may take action at the beginning of the meeting to consider the request. A councilmember must make a separate request for each meeting he or she wishes to participate remotely.

If a councilmember participates remotely for either just cause or emergency circumstances, a number of additional requirements apply, as follows:

The in-person Council meeting must provide at least one of the following as a means by which the public may remotely hear, visually observe the meeting, and remotely address the Board:

1. A two-way audiovisual platform – An online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function; or

2. A two-way telephonic service and a live webcasting of the meeting – A two- way telephone service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.

Webcasting refers to a streaming video broadcast online or on television using streaming media technology to distribute a single content source to many simultaneous listeners and viewers.

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The remote councilmember must participate through both audio and visual technology.

Before any action is taken, the remote councilmember must disclose at the meeting whether any other adults are present in the room and the nature of the member’s relationship with any such individuals.

The meeting agenda must identify and provide the opportunity for persons to attend and address the Council directly (in real time).

A councilmember cannot participate in meetings solely by teleconference either for just cause or emergency circumstances for more than three consecutive months or 20% of the regular meetings for the Council within a calendar year or, if the Council meets fewer than 10 times per calendar year, then no more than two meetings per year.

No action can be taken in the event of a disruption that prevents the Council from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the City’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, until public access is restored.

This option sunsets on January 1, 2026.

SB 1100 - Removal of Individuals Disrupting a Meeting.

SB 1100 adds Government Code Section 54957.95 to the Brown Act. Under SB 1100, the Mayor, or his or her designee, is now expressly authorized to remove an individual for disrupting a Council meeting. An individual’s behavior is deemed “disruptive” if it actually disrupts, disturbs, impedes, or otherwise renders infeasible the orderly conduct of the meeting. Before a person can be removed, however, the Mayor generally must warn the person that that their behavior is disruptive and that continued disruption may result in the person’s removal. However, no prior warning is required if the person is engaging in behavior that constitutes use of force or a true threat of force against someone.

FINANCIAL IMPACT
There is no financial impact.

RECOMMENDATION
It is recommended that the City Council:

Adopt the attached Resolution approving the 2022 Edition of the Manual of Procedure for City Council Meetings.

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ATTACHMENTS:

Description
Upload Date
Type
File Name
Resolution
10/21/2022
Resolution
11_15_2022_Reso_City_Council_manual_of__procedure.docx
Exhibit A - 2022
CC Manual of
Procedure
11/8/2022
Exhibit
2022_City_Council_Manual_of_Procedure_CA_Rev_11-15-

22.docx
Redlined Copy -
2022 CC Manual
of Procedure
11/8/2022
Exhibit
2022_City_Council_Manual_of_Procedure_CA_Rev_11-15-
22_Redlined_PDF.pdf

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GARDEN GROVE CITY COUNCIL
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE ADOPTING THE MANUAL OF PROCEDURE (2022 EDITION)

WHEREAS, the Council of the City of Garden Grove desires to update its procedural manual and comprehensively cover all matters concerning council meetings, including procedures for participation of Council Members and the general public during the same; and
WHEREAS, heretofore the City Council has passed resolutions which concern some of the same matters to be covered in the revised manual of procedure prepared by the City's staff.

NOW, THEREFORE, be it resolved that the City Council does hereby repeal Resolution No. 9339-16, and does hereby adopt the Manual of Procedure, City Council Meetings (2022 Edition), which is attached hereto as Exhibit "A" and the contents of which are incorporated herein by reference.

Adopted this 11th day of November 2022.

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MANUAL OF PROCEDURE

CITY COUNCIL MEETINGS

2022 Edition

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TABLE OF CONTENTS
Page
No.

A. MEETINGS
A-1 Regular Meetings ---------------------------------------------- 1 A-2 Adjourned Meetings ------------------------------------------- 1 A-3 Special Meetings ----------------------------------------------- 1 A-4 Meetings to be Public ------------------------------------------ 2 A-5 Attendance ----------------------------------------------------- 3 A-6 Teleconferencing ------------------------------------------------ 3 A-7 Quorum -------------------------------------------------------- 3 B. AGENDA
B-1 Agenda, Preparation of ---------------------------------------- 4 B-2 Order of Business --------------------------------------------- 4 B-3 Agenda Contents ---------------------------------------------- 4 C. PRESIDING OFFICER
C-1 Mayor to Preside ----------------------------------------------- 7 C-2 Powers and Duties of Presiding Officer ----------------------- 7 D. ADDRESSING THE COUNCIL
D-1 Written Correspondence -------------------------------------- 8 D-2 Right to Address Council -------------------------------------- 9 D-3 Public Hearings ------------------------------------------------- 9 D-4 Oral Communications ------------------------------------------ 9 D-5 Manner of Addressing Council -------------------------------- 9 D-6 Time Limitation ------------------------------------------------ 10 D-7 Improper Remarks -------------------------------------------- 10 E. DEBATE AND DECORUM
E-1 Obtaining the Floor -------------------------------------------- 10 E-2 Questions to Staff --------------------------------------------- 10 E-3 Interruptions --------------------------------------------------- 11 E-4 Points of Order ------------------------------------------------ 11 E-5 Point of Personal Privilege ------------------------------------ 11 E-6 Remarks of Council Members and Synopsis of Debate ------ 11 E-7 Decorum and Order, Council and City Staff ------------------ 12 E-8 Decorum and Order, Audience -------------------------------- 12 E-9 Enforcement of Decorum ------------------------------------- 13 E-10 Failure to Observe Rules of Order ---------------------------- 13 F. MOTIONS
F-1 Presentation of Motions --------------------------------------- 13 F-2 Second Required ---------------------------------------------- 13

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TABLE OF CONTENTS
Page
No.

F-3 Precedence of Motions ---------------------------------------- 13 F-4 Particular Motions, Purpose and Criteria --------------------- 14

G. VOTING
G-1 Voting Procedure ---------------------------------------------- 16 G-2 Change of Vote ------------------------------------------------ 17 G-3 Failure to Vote/Abstentions ----------------------------------- 17 G-4 Conflict of Interest -------------------------------------------- 17 G-5 Reconsideration and Rescission of Prior Action -------------- 17 H. MINUTES
H-1 Preparation of Minutes ---------------------------------------- 18 H-2 Minutes of Hearings ------------------------------------------- 18 H-3 Reading of Minutes -------------------------------------------- 18 I. ORDINANCES, RESOLUTIONS AND CONTRACTS
I-1 Preparation of Ordinances, Resolutions and Contracts ------ 19 I-2 Prior Approval by Administrative Staff ----------------------- 19 I-3 Enactment of Ordinances ------------------------------------- 20 I-4 Adoption of Resolutions --------------------------------------- 21 J. HEARINGS
J-1 Application and Definition ------------------------------------- 21 J-2 Rights of Interested Persons ---------------------------------- 21 J-3 Presentation of Evidence -------------------------------------- 22 J-4 Evidence Outside the Hearing -------------------------------- 24 J-5 Continuances -------------------------------------------------- 25 J-6 Decision -------------------------------------------------------- 25 J-7 Record of Hearing --------------------------------------------- 25

RESOLUTION INDEX 26

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A. MEETINGS
A-1. REGULAR MEETINGS
The City Council shall hold Regular Meetings on the second and fourth Tuesdays of each month at 6:30 p.m., or 5:30 p.m. if a Closed Session or Study Session is scheduled, in the Community Meeting Center, 11300 Stanford Avenue, Garden Grove; or at such other time or location 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 Community Meeting Center, the meetings may be held for the duration of the emergency at such other place as is designated by the Mayor or by four members of the City Council. When the day of any Regular Meeting falls on a legal holiday, as provided in the Municipal Code, no meeting shall be held on such holiday, but a Regular Meeting shall be held at the same hour on the following business day or as it shall be scheduled by the City Council in advance.

A-2. ADJOURNED MEETINGS
Any Regular or Adjourned Regular Meeting may be adjourned to a time, place and date specified in the order of adjournment, but not beyond the next Regular Meeting. If no time is stated in the order of adjournment, it shall be the same time as for Regular Meetings. Once adjourned, the meeting may not be reconvened. An Adjourned Regular Meeting is a Regular Meeting for all purposes.

A-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, by mail, or by email written notice to each Council Member. The City Clerk shall provide a Notice and Call of the Special Meeting to each local newspaper of general circulation, radio or television station requesting notice in writing by email. Such notice must be both posted and delivered personally, by Fax, email 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

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meetings. No ordinances, other than urgency ordinances, may be adopt ed.

The compensation of the City Manager or exempt executive employees may not be discussed or voted upon. Resolutions, urgency ordinances or orders for payment of money may only be approved at a Special Meeting if the notice of the particular meeting specifies the business to be transacted.

A-4. MEETINGS TO BE PUBLIC
All Regular, Adjourned, and Special Meetings of the City Council shall be open and public, provided however, that the City Council may hold Closed Sessions from which the public may be exclu ded for the consideration of the following subjects:

(a) Personnel Matters
To consider the appointment, employment, or dismissal of a public officer or employee; or to hear complaints or charges brought against such officer or employee by another public officer, person, or employee, unless such officer or employee requests a public session. The City Council may exclude from any such Closed S ession during the examination of a witness any or all other witnesses in the matter being investigated.

(b) Attorney-Client Matters
To consider proposed, threatened, or pending litigation to which the City is a party.

(c) Labor Negotiations
To consider and discuss with designated representatives and employee organizations, matters relative to labor negotiations including, but not limited to, such items as salaries, salary schedules and fringe benefits.

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(d) Real Property Negotiations
To consider and discuss instructions to the City’s real property negotiator(s) concerning price and /or terms of payment pertaining to the sale, purchase, or lease of real property.

(e) To consider and deal with such other matters as may be authorized by law.

(f) The City Council may request City officers or employees to be present at any Closed Session.

A-5. ATTENDANCE
Council Members are expected to attend all meetings of the City Council. If a Council Member is absent without City Council permission from all Regular City Council meetings for 60 days c onsecutively from the last Regular Meeting attended, the office becomes vacant and shall be filled as any other vacancy.

A 6. TELECONFERENCING
Council Members may participate in Council meetings via teleconference subject to compliance with the requirements of the Brown Act (particularly Govt. Code Section 54953). Council Members wishing to teleconference must notify the Mayor and the City Clerk of the desire or need to attend the meeting via teleconference at the earliest opportunity possible to enable the City Clerk to comply with agenda posting requirements pursuant to the Brown Act (Govt.

Code Sections 54950 et seq.).

A-7. QUORUM
The City Council consists of seven members - one of which is the Mayor. Four members of the City Council shall constitute a quorum and shall be sufficient to transact regular business. If less than four Council Members appear at a Regular Meeting, any member, or the City Clerk if all members are absent, may adjourn the meeting to a stated day and hour. The City Clerk shall cause

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a written notice of the adjournment to be delivered personally to each Council Member at least twenty-four hours before the Adjourned Meeting.

B. AGENDA
B-1. AGENDA, PREPARATION OF
An agenda shall be prepared for each Regular Meeting containing the specific items of business to be transacted and the order thereof. Items of business may be placed on the agenda by the City Manager, his representative, the City Attorney or by a majority vote of the City Council. Individua l City Council Members may place items for discussion on the agenda under “Matters from City Council Members”. Agenda items shall be delivered to the City Manager and/or City Clerk. The City Clerk shall thereafter prepare the agenda under the direction o f the City Manager. The agenda, together with all reports pertaining thereto, shall be delivered to the Council Members no later than the 72 hours preceding the Regular Meeting. The agenda shall be made available to the public as soon as practicable , not later than 72 hours preceding the Regular Meeting. No matters other than those listed on the agenda shall be finally acted upon by the City Council.

B-2. ORDER OF BUSINESS
At the time set for each Regular Meeting, the Council Members, City Clerk, City Manager, City Attorney and such Department Heads as have been requested to be present, shall take their regular places. The Mayor shall call the meeting to order and the business of the City Council shall be taken up for consideration and disposition in the order set forth in Section B-3, except that with the consent of the Council Members present, the Mayor may request that items be taken out of order.

B-3. AGENDA CONTENTS
The Agenda shall contain the title headings and shall be conducted in the order and manner as set forth below:

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(a) ROLL CALL
The City Clerk shall call the roll of the Council Members and the names of those present and absent shall be entered in the minutes.

(b) CLOSED SESSION
All Closed Session items shall be listed on the Agenda and considered pursuant to the Brown Act.

(d) PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF

AMERICA

(e) PRESENTATIONS
The City Council shall from time to time recognize individuals and organizations and present awards or Certificates of Appreciation.

(f) ORAL COMMUNICATIONS COMBINED WITH OTHER LEGISLATIVE

BODIES - PUBLIC
The City Council shall consider Oral Communications from the audience simultaneously with the Successor Agency, the Garden Grove Sanitary District, and other legislative bodies meeting at the same meeting time.

(g) WRITTEN COMMUNICATIONS – PUBLIC
Written communications provided to the City Clerk prior to public meetings and in lieu of attending a meeting for the purpose of addressing the City Council shall be provided to the Mayor and City Council Members.

(h) WRITTEN COMMUNICATIONS - REQUESTS
The City Council shall consider Written Communications from the public and from other agencies. The Agenda shall list written communications

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requiring City Council action, including a copy or a brief summary of the request.

(i) CONSENT ITEMS
Consent Items are acted on simultaneously with one motion unless separate discussion and/or action is requested by a Council Member.

Some of the typical consent items are: proclamations; claims; City Council minutes; bond exonerations; approval of plans and specifications and authorization to advertise for bids; approval of final progress payments, time extensions and acceptance of contracts; bid awards for amounts less than $250,000; approval of certain agreements; report of City accounts; conference attendance (as budgeted); personnel transactions such as leave of absence, employment recommendations, reclassifications; some routine resolutions; waiver of full reading of Ordinances listed for adoption; and any other item that may be considered routine or of a follow-up nature.

(j) PUBLIC HEARINGS
The City Council shall conduct all Public Hearings in accordance with the provisions of Section J-1 through J-7.

(k) COMMISSION/COMMITTEE MATTERS
The City Council shall consider matters submitted by the Commissions, Committees, and Boards of the City.

(l) ITEMS FOR CONSIDERATION
This section is for a wide variety of matters such as consideration of ordinances for introduction, resolutions, and contracts for amounts that exceed $250,000, staff reports and recommendations.

(m) ORDINANCES PRESENTED FOR SECOND READING AND ADOPTION Ordinances are adopted through a two-step process. First, an ordinance is introduced by the adoption of a motion to pass for second reading .

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Second, the ordinance is again considered at a sub sequent meeting at least five days after introduction for final adoption. It takes four affirmative votes to pass an ordinance.

(n) MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY

MANAGER
The City Council shall consider all oral and written communications from Council Members and City Manager.

(o) ADJOURNMENT

C. PRESIDING OFFICER
C-1. MAYOR TO PRESIDE
The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Manager shall call the City 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, or until adjournment.

C-2. POWERS AND DUTIES OF PRESIDING OFFICER
(a) Participation
The Presiding Office r may move, second, debate, and vote from the Chair. He/she shall not be deprived of any of the rights and privileges of a Council Member by reason of his/her acting as Presiding Officer.

(b) Questions to be Stated
The Presiding Officer, or such member of the City staff as he/she may designate, may 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, at his/her discretion, may explain the effect of a vote to the audience, or

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he/she may direct a member of the City staff to do so, before proceeding to the next item of business.

(c) Maintaining Order and Decorum
The Presiding Officer shall be responsible for the mainte nance of order and decorum at all meetings. Any decision or ruling of the Mayor may be appealed by request of any Council Member. The Mayor shall call for roll call to see if the Chair shall be upheld. If the roll call loses, the Mayor’s decision or ruling is reversed.

(d) Signing of Documents
The Presiding Officer shall sign all ordinances, resolutions, and other documents necessitating his/her signature that were adopted in his/her presence, unless he/she is unavailable, in which case an alternate Presiding Officer may sign such documents. Additionally, certain documents are designated to be signed by the City Manager or his/her designee as it may be required by City Council resolution or minute action.

(e) Appointment of Ad Hoc Committees
The Mayor may, subject to the approval of the City Council, appoint such ad hoc committees of Council Members, City staff and private citizens, or a combination thereof as he/she deems necessary and expedient to assist and advise the City Council in its work.

D. ADDRESSING THE COUNCIL
D-1. WRITTEN CORRESPONDENCE
The City Manager or his/her designee is authorized to receive and open all mail addressed to the City Council, and he/she shall give it immediate attention so that all administrative business referred to in the communications, not necessarily requiring City Council action, may be disposed of between City Council meetings. Any communication requiring City Council action shall be placed upon the agenda, sometimes with a report and recommendation by the

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City staff. All correspondence requiring City Council action shall be answered or acknowledged as soon as practicable.

D-2. RIGHT TO ADDRESS COUNCIL
Subject to the provisions of Section D-3, D-4, and D-5, members of the public shall have the absolute right to address the City Council during Oral Communications on any consideration of items of business within the jurisdiction of the City Council other than Public Hearings, which shall be heard at the appointed time for said Public Hearing.

D-3. PUBLIC HEARINGS
Interested persons or their authorized representatives may address the City Council, while a matter is open to Public Hearing, to provide remarks or ask questions relevant to the matter under consideration.

D-4. ORAL COMMUNICATIONS
Members of the public , or their authorized representatives, may address the City Council by Oral Communications on any matter concerning municipal business over which the City Council has jurisdiction, or which is listed on the agenda, except Public Hearing items.

D-5. MANNER OF ADDRESSING COUNCIL
Any person desiring to address the City Council may be requested to fill out a card, present it to the City Clerk, and wait to be recognized by the Presiding Officer. After being recognized, they shal l approach the podium, state their name for the record, and proceed to address the City Council. All remarks and questions shall be addressed to the City Council as a whole and not to any individual member. No question shall be asked of a Council Member or a member of the City staff without first obtaining permission of the Presiding Officer.

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D-6. TIME LIMITATION
Every person addressing the City Council will be requested to limit their address to three (3) minutes or as granted by the City Council. When any group of persons wishes to address the City Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesperson be chosen to represent the group, so as to av oid unnecessary repetition. At the City Council’s discretion, a limit on the total amount of time for public comments during oral communications and/or a further limit on the time allotted to each speaker during Oral Communications may be set in order to facilitate consideration of a topic or to allow completion of a meeting with a lengthy agenda within a reasonable time.

D-7. IMPROPER REMARKS
Any person making impertinent or profane remarks or who becomes boisterous while addressing the City Council sh all be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may order the person barred from further audience before the City Council during that meeting. Any person disrupting the meeting may be warned and removed from the meeting pursuant to E-8 below.

E. DEBATE AND DECORUM
E-1. OBTAINING THE FLOOR
Every Council Member desiring to speak shall first address the Presiding Officer, gain recognition by the Presiding Officer, and limit himself/herself to the question under debate.

E-2. QUESTIONS TO STAFF
Every Council Member desiring to ask a question of the City staff shall, after recognition by the Presiding Officer, address his/her questions to the City Manager, the City Clerk, or the City Attorney. In the case of the City Manager, he/she shall either answer the inquiry himself/herself or to designate a member of the staff for that purpose.

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E-3. INTERRUPTIONS
A Council Member, once recognized, shall not be interrupted when speaking unless called to order by the Pr esiding 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/she shall cease speaking until the question of order is determined and, if determined to be in order, he/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.

E-4. POINTS OF ORDER
The Presiding Officer shall determine all points of order subject to the right of any Council Member to appeal to the City Council. He/she may request an opinion of the City Attorney in making su ch determination. If an appeal is taken, the question shall be: Shall the decision of the Presiding Officer be sustained? The City Council decision shall conclusively determine such questions of order.

E-5. POINT OF PERSONAL PRIVILEGE
The right of a Co uncil Member to address the City Council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are questioned, or where the welfare of the City Council is concerned. A Council Member raising a poin t of personal privilege may interrupt another Council Member who has the floor subject only to the power of the Presiding Officer to call him/her out of order.

E-6. REMARKS OF COUNCIL MEMBERS AND SYNOPSIS OF DEBATE
Any Council Member shall have the right to have an abstract of his/her statement and/or a synopsis of the debate on any subject under consideration by the City Council entered in the minutes. Such right shall be exercised by specific direction to the City Clerk at the City Council meeting.

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E-7. DECORUM AND ORDER, CITY COUNCIL AND CITY STAFF
While the City Council is in session, the Council Members and City staff shall preserve order and decorum. No member shall, by conversation or other delay, interrupt the proceedings or the peace of the City Council, disturb any other member while speaking, or refuse to obey the directives of the Presiding Officer.

E-8. DECORUM AND ORDER, AUDIENCE
Public members attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council and City staff. Any person making impertinent remarks while addressing the City Council may be warned by the Presiding Officer to address the City Council on the matter at hand or on matters within the subject matter jurisdiction of the City Council.

Any person disrupting the meeting while addressing the City Council or while attending the City Council meeting may be warned that their behavior is disrupting the meeting and their failure to cease may result in removal from the meeting; if the person does not cease the disruptive behavior, they can be removed from the meeting room if the Sergeant-at-Arms is so directed by the Presiding Officer. Such person may be barred from further audience before the City Council during the meeting. Disruptive behavior is conduct that actually disrupts, impedes, or otherwise renders infeasible the orderly conduct of the meeting. No prior warning to a person to be removed is required if the person is engaging in behavior that constitutes use of force or a true threat of force against any other person.

Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations that disrupt the meeting shall not be permitted by the Presiding Officer, who may direct the Sergeant-at-Arms to remove such offenders from the room after warning pursuant to E -8 above. Aggravated cases may be prosecuted on appropriate complaint signed by the Presiding Officer or a Council Member.

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E-9. ENFORCEMENT OF DECORUM
The Chief of Police, or such member of the Police Department as he/she may designate, shall be Sergeant-at-Arms of the City Council and shall attend meetings when requested by the Presiding Officer, City Manager or City Council. He/she shall be available to respond to all meetings immediately upon call. He/she shall carry out all orders given by the Presiding Officer of the City Council for the purpose of maintaining order and decorum at the City Council meetings. Any Council Member may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Council Members present shall require him/her to do so.

E-10. FAILURE TO OBSERVE RULES OF ORDER
These rules are adopted to expedite the transaction of the business of the City Council in an orderly fashion and are deemed to be procedural only. The failure to strictly observe such rules shall not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that is otherwise held in conformity with law.

F. MOTIONS
F-1. PRESENTATION OF MOTIONS
A motion is the formal statement of a proposal or question to the City Council for consideration and action. The Mayor and each Council Member have the right to present a motion.

F-2. SECOND REQUIRED
A motion by any Council Member shall not be considered by the City Council and voted on unless it receives a second.

F-3. PRECEDENCE OF MOTIONS
When a main motion is before the City Council, no motion shall be entertained except the following which shall have precedence, one over the other, in the following order:

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(a) Adjourn
(b) Recess
(c) Postpone temporarily or definitely (table)
(d) Previous question
(e) Limit or extend debate
(f) Refer to committee or staff
(g) Amend/Substitute
(h) Postpone indefinitely

The above order of preference is subject to the following restrictions:
(a) A m otion shall not be repeated without intervening business or discussion.
(b) A motion shall not be in order when the previous question has been ordered.
(c) A motion shall not be in order while a vote is being taken.

F-4. PARTICULAR MOTIONS, PURPOSE AND CRITERIA
The purpose and salient criteria of the above-listed motions is as follows:
(a) MOTION TO ADJOURN
Purpose. To terminate a meeting.

Debatable or Amendable. No, except a motion to adjourn to another time is debatable and amendable as to the time to which the meeting is to be adjourned.

(b) MOTION TO RECESS
Purpose. To permit an interlude in the meeting and to set a definite time for continuing the meeting.

Debatable or Amendable. Yes, but restricted as to time or duration of recess.

(c) MOTION TO POSTPONE TEMPORARILY
Purpose. To set aside, on a temporary basis, a pending main motion, provided that it may be taken up again for consideration during the

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current meeting or at the next Regular Meeting. It is also referred to as a motion to lay on the table.

Debatable or Amendable. It is debatable but not amendable.

(d) MOTION FOR PREVIOUS QUESTION
Purpose. To prevent or stop discussion on the pending question or questions and to bring such question or questions to vote immediately.

If the motion fails, discussion shall continue. If the motion passes, a vote shall be taken on the pending motion or motions.

Debatable or Amendable. No.

(e) MOTION TO LIMIT OR EXTEND DEBATE
Purpose. To limit or determine the time that will be devoted to discussion of a pending motion or to extend or remove limitations already imposed on its discussion.

Debatable or Amendable. Not debatable; amendments are restricted to period of time of the proposed limit or extension.

(f) MOTION TO REFER TO COMMITTEE OR STAFF
Purpose. To refer the question before the City Council to a committee or to the City staff for the purpose of investigating or studying the proposal and to make a report back to the City Council. If the motion fails, discussion or vote on the question resumes.

Debatable or Amendable. Yes.

(g) AMEND/SUBSTITUTE
Purpose. To modify or change a motion that is being considered by the City Council so that it will express more satisfactorily the will of the members. If the motion fails, discussion or vote on the main motion resumes. If the motion passes, then the main motion should be voted on as amended.

Debatable or Amendable . It is debatable unless applied to an undebatable main motion. It is amendable.

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(h) POSTPONE INDEFINITELY
Purpose. To prevent further discussion and voting on the main motion.

If the motion fails, discussion and voting on the main motion resumes.

If it passes, the subject of main motion shall not be brought up again for the remainder of the meeting or the next Regular Meeting.

Debatable or Amendable. It is debatable but not amendable.

(i) MAIN MOTION
Purpose. The primary proposal or question before the City Council for discussion and decision.

Debatable or Amendable. Yes.

G. VOTING
G-1. VOTING PROCEDURE
When any motion is in order for the question, a vote shall be taken by use of the voting board and entered in full upon the record. Motions may be passed by a simple majority of the members present at a properly quorumed meeting (3 votes are sufficient if only 4 members are present) except that the following matters shall always require four affirmative votes:
(a) Adoption of ordinances
(b) Resolutions
(c) Orders for payment of money
Eminent domain actions require a 2/3rds vote of the City Council (5 members of a 7-person City Council) in order to insure that (1) there is conclusive evidence of public necessity for the proposed project, (2) there is conclusive evidence that the property is necessary, and (3) the proposed public improvement is planned and located in the manner most compatible with the greatest public good and least public injury.

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G-2. CHANGE OF VOTE
A member may change his vote only if he/she 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.

G-3. FAILURE TO VOTE/ABSTENTIONS
Every member should vote unless disqualified for legal cause.

Self-disqualification, without approval, which results in a tie vote shall be avoided as a means of obstructing City Council action, but no Council Member shall be forced to vote. A Council Member who abstains without legal cause shall thereby consent that a m ajority of the members voting may act for him/her. Members abstaining are counted towards quorum, but they are not counted in the tally of votes. Tie votes shall be lost motions and may be reconsidered.

G-4. CONFLICT OF INTEREST
Any Council Member who feels he/she may have a conflict of interest in any matter coming before the City Council shall disclose said interest and disqualify himself/herself from discussing or voting on the matter. Where it is not clear whether such interest is of a disqualifyin g nature, the Council Member shall state the facts of the matter to the City Attorney and request an opinion regarding a conflict prior to the meeting.

G-5. RECONSIDERATION AND RESCISSION OF PRIOR ACTION
After motion and vote by the City Council, such action may be reconsidered or rescinded only in the following manner:
(a) RECONSIDERATION
A motion to set aside a vote (in essence, to reconsider) on a main motion shall always be in order at the same meeting. The motion to reconsider is amendable and debatable. Such motion can be made by any Council Member regardless of how he/she previously voted on the matter. If the motion to reconsider passes, its effect is to overrule and cancel the prior action.

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(b) RESCISSION
A motion to rescind (repeal, cancel, nullify) prior City Council action on a main motion shall be in order at any meeting of the City Council. The effect of rescinding prior City Council action shall operate prospectively only and not retroactively to the date of the original action. That is, it shall not operate to adversely affect intervening legal rights that create an estoppel situation.

(c) LOST MOTIONS
A lost motion is one that fails to receive the necessary number of votes to carry. Tie votes result in a lost motion. Lost motions may be renewed at any subsequent City Council meeting. To revive a lost motion at the same meeting, the proper action is a motion to reconsider, as discussed above.

H. MINUTES
H-1. PREPARATION OF MINUTES
The City Clerk shall have exclusive responsibility fo r preparation of the minutes, and any directions for changes in the minutes shall be made only by actions of the City Council.

H-2. MINUTES OF HEARINGS
Whenever the City Council acts in a quasi-judicial proceeding, such as hearings as defined in Section J, the minutes shall contain a synopsis of all evidence considered in the hearing.

H-3. READING OF MINUTES
Unless the reading of the minutes of a City Council meeting is ordered by a majority vote of the City Council, such minutes may be approved without reading if the City Clerk has previously furnished each Council Member with a copy.

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I. ORDINANCES, RESOLUTIONS AND CONTRACTS
I-1. PREPARATION OF ORDINANCES, RESOLUTIONS AND CONTRACTS (a) ORDINANCES
All ordinances shall be framed and approved by the City A ttorney and shall be presented to the City Council only when ordered by the City Council, or City Manager, or prepared by the City Attorney on his/her own initiative.

(b) RESOLUTIONS
It shall be considered best practice to have all resolutions framed and approved by the City Attorney; however, resolutions may be prepared for submission by any individual, group or organization. In matters of urgency, a resolution may be presented verbally in motion form, together with instructions for written preparation f or later execution.

Urgency resolutions shall be avoided except when absolutely necessary and shall be avoided entirely when such resolutions are prohibited by law.

All contracts shall be prepared or approved as to form by the City Attorney and shall be presented to the City Council only when ordered by the City Council, City Manager, City Attorney, or as may be required by law.

I-2. PRIOR APPROVAL BY ADMINISTRATIVE STAFF
All ordinances, resolutions and contract documents shall, before pre sentation to the City Council, have been approved as to form by the City Attorney and shall have been examined and approved for administration by the City Manager or his/her authorized representative, where there are substantive matters of administration involved.

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I-3. ENACTMENT OF ORDINANCES
(a) INTRODUCTION
Ordinances shall be introduced for first reading by motion. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a Regular or Adjourned Regular Meeting held at least five days after alteration. Corrections or typographical or clerical errors are not considered alterations.

(b) PASSAGE
Ordinances shall be passed (second reading) by motion and by use of the voting board. Ordinances shall not be passed within five days of their introduction, nor at other than a Regular or Adjourned Regular Meeting. Ordinances require four affirmative votes.

(c) READING
Under the Consent agenda, staff requests that the City Council waive a full reading of the entirety of the ordinance. With this motion, only the title of the ordinance need be read as a part of the introduction and adoption process.

(d) URGENCY ORDINANCE
An urgency ordinance is an ordinance for the immediate preservation of the public peace, health or safety of the city. It may be adopted immediately upon introduction either at a Regular or Special Meeting.

It must declare the facts constituting the urgency and it shall be passed by five affirmative votes.

(e) PUBLICATION
Within 15 days after its passage, the City Clerk shall cause each ordinance to be published, in accordance with state law, at least once in a newspaper of general circulation published and circulated in the city.

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(f) EFFECTIVE DATE
Ordinances take effect 30 days after their final passage. An ordinance takes effect immediately, if it is an ordinance:
(i) Relating to an election.
(ii) Of an urgency nature.
(iii) Relating to street improvement proceedings.
(iv) Relating to taxes for the usual and current expenses of the city. (v) Covered by particular provisions of law prescribing the manner of its passage and adoption.

I-4. ADOPTION OF RESOLUTIONS
Resolutions may be adopted by motion on the date they are first presented to the City Council. It is not required that resolutions be read, either in full or by title only. Resolutions require four affirmative votes.

J. HEARINGS
J-1. APPLICATION AND DEFINITION
The following procedural rules shall apply to all hearings before the City Council. As used herein the term "hearing" shall include all Public Hearings required by state law or City ordinance, and proceedings for the revocation, suspension or reinstatement of permits, licenses and franchises.

J-2. RIGHTS OF INTERESTED PERSONS
On the date and at the time and place designated in the notice, the City Council shall afford any interested person or his/her authorized representative, or both, the opportuni ty to examine and cross -examine witnesses, to present documentary evidence, to present statements, arguments, or contentions orally and/or in writing, subject to the rules on addressing the City Council and rules hereinafter stated.

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J-3. PRESENTATION OF EVIDENCE
(a) Oral Evidence
All oral statements that are relevant to the subject matter of the hearing may be considered by the City Council. Oral evidence may be taken on oath or affirmation, at the request of any interested party or his/her authorized representative.

(b) Exhibits and Documents
Exhibits and documents used by the City staff and any persons participating in the hearing may be considered as evidence.

(c) Communications and Petitions
All communications and petitions concerning the subject ma tter of the hearing shall be read aloud either in full or by synopsis thereof, provided that a reading in full shall be at the request of any Council Member. All such communications and petitions may be considered as evidence by the City Council.

(d) Staff Reports
Whenever practicable a written staff report shall be prepared and summarized aloud as part of the staff presentation. The report shall be considered as evidence.

(e) Large Maps and Displays
Large size maps and displays presented for use at the hearing shall, whenever practicable, be displayed in full view of the participants and the audience. Said maps or displays, or authentic reductions thereof, may be considered as evidence.

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to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make improper the admission of such evidence in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a decision unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.

(g) Burden of Proof and Persuasion
Regardless of the issue or issues from which the appeal is taken, and except as otherwise required by law, the burden of proof and of persuasion of any fact or issue subject to proof before the City Council shall be on the Appellant. Only the issues or conditions appealed may be considered, except when an appeal is filed by a Council Member. In the event that a Council Member appeals, the entire case is appealed.

(h) Order of Presentations
(i) If one appellant only:
- Staff presentation
- Appellant's presentation (including those opposing the decision appealed)
- Opposition presentation (including those supporting the decision appealed)
- Appellant's rebuttal (limited to addressing points raised by opposition and answering City Council inquiries)

(ii) If two appellants (one being the applicant):
- Staff presentation
- Permit applicant's presentation
- Opposition presentation and rebuttal

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- Applicant's rebuttal (limited to issues raised by the opposition and answering City Council’s inquiries)

(i) Burden of Proof on City Council Appeals:

Irrespective of the nature of the decision from which the appeal is taken, the burden of proof and of persuasion of any fact or issue subject to proof before the City Council shall remain on the permit applicant unless otherwise required by law. An appeal on one issue opens the entire case for City Council consideration.

(j) Order of Presenting Evidence on City Council Appeals:

The following order of presentation of evidence shall apply to land use hearings unless the City Council otherwise orders:
- Staff presentation and (responses to City Council questions) - Permit applicant's presentation
- Supporting presentations (if any)
- Opposition presentations (if any)
- Applicant rebuttal (limited to addressing points raised by opposition and answering City Council inquiries)

(a) When, during the hearing, the meeting is adjourned to a date, place and time certain for the specific purpose of taking visual or demonstrative evidence, such evidence may be considered; or

(b) If each Council Member shall orally report his/her observations of such outside evidence taken he/she shall be subject to examination thereon by any interested person or his/her authorized representative.

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J-5. CONTINUANCES
Any hearing being held, or noticed or ordered to be held by the City Council may, by minute action, be continued to any subsequent Regular or Adjourned Meeting of the City Council, provided a copy of the order or notice of continuance is posted outside the Council Chamber forthwith following the meeting at which the order of continuance was made.

J-6. DECISION
The City Council shall consider all evidence properly presented in accordance with the rules stated herein, and unless otherwise provided by law, shall render a decision or determination on the matter within 40 days of the close of the hearing. The decision or determination shall be by motion made and action taken thereon at a Regular or Adjourned Meeting of the City Council. Any Council Member who was not present d uring the entire hearing and has not made himself/herself familiar with the proceedings of the hearing, or who, in the opinion of the City Attorney, has a substantial conflict of interest in the matter, shall disqualify himself/herself from discussing or voting on the matter.

J-7. RECORD OF HEARING
A verbatim mechanical recording shall be made of the oral evidence presented at the hearing. The recording, together with all documents, maps, exhibits and displays admitted into evidence, shall be retained by the City Clerk for a period of two years from the date of the close of the hearing. In lieu of retaining the recording, the City Clerk may prepare a typewritten transcript thereof that shall be retained for the same period of time. The recording or transcript and evidentiary documents shall be made available for public inspection and use at reasonable times and under such reasonable conditions as may be prescribed by the City Council or the City Clerk.

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RESOLUTION INDEX

Resolution No. Date Adopted Change

####-22 11/15/22 Resolution approving an update to the Manual or Procedures for City Council Meeting

9399-16 12/13/16 Resolution approving a revision to the Manual of Procedures for City Council Meeting

8758-07 01/23/07 Resolution changing the meeting time for City Council Regular Meetings

8754-07 01/09/07 Resolution approving a revision to the Manual of Procedures for City Council Meeting

8336-01 02/13/01 Resolution of the City Council of the City of Garden Grove amending format and order of City Council
Agenda

8209-99 08/10/99 Resolution of the City Council of the City of Garden Grove establishing format and order of City Council
agenda and meeting time of Joint Economic
Development Committee (JEDC)

8193-99 06/08/99 Resolution of the City Council of the City of Garden Grove amending the Manual of Procedure (1982
edition) relating to the times of regular meetings of
the City Council

8038-97 11/25/97 Resolution of the City Council of the City of Garden Grove amending the Manual of Procedure (1982
edition) relating to City Council agenda format

7787-95 07/11/95 Resolution of the City Council of the City of Garden Grove amending the Manual of Procedure (1982
edition) relating to City Council agenda and format

7685-94 06/21/94 Resolution of the City Council of the City of Garden Grove amending the Manual of Procedure (1982
edition) relating to City Council agenda format

7671-94 04/19/94 Resolution of the City Council of the City of Garden Grove amending the Manual of Procedure (1982
edition) relating to the times of regular meetings of
the City Council

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7669-94 04/19/94 Resolution of the City Council of the City of Garden Grove amending the Manual of Procedure (1982
edition) relating to City Council agenda format

7652-94 03/01/94 Resolution of the City council of the City of Garden Grove amending the Manual of Procedure (1982
edition) relating to City Council agenda format

7620-93 11/02/93 Resolution of the City Council of the City of Garden Grove amending the Manual of Procedure (1982
edition) relating to City Council agenda format

7433-92 02/04/92 Resolution of the City Council of the City of Garden Grove amending Resolution No. 6195-82 amending
the Council rules on Council and City staff decorum
and order

7256-90 07/02/90 Resolution of the City Council of the City of Garden Grove amending Resolution No. 6195-82 adopting
the Council Rules of Procedure to establish further
procedures for Council land use hearings

7105-89 03/06/89 Resolution of the City Council of the City of Garden Grove amending the Manual of Procedure (1982
edition) relating to City Council agenda format

6195-82 02/08/82 Resolution of the City Council of the City of Garden Grove adopting Manual of Procedure (1982 edition)

6153-81 09/08/81 Resolution of the City council of the city of Garden Grove amending Manual of Procedure, City Council
meetings (1971 edition)

5659-78 10/17/78 Resolution of the City Council of the City of Garden Grove amending the Manual of Procedure (1971
edition)

5497-78 01/03/78 Resolution of the City Council of the City of Garden Grove amending the Manual of Procedure (1971
edition)

5290-77 04/04/77 Resolution of the City Council of the City of Garden Grove amending the Manual of Procedure (1971
edition)

4996-76 04/06/76 Resolution of the City Council of the City of Garden Grove amending the Manual of Procedure (1971
edition)

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4974-76 02/24/76 Resolution of the City Council of the City of Garden Grove amending the Manual of Procedure (1971
edition)

4914-75 11/11/75 Resolution of the City Council of the City of Garden Grove amending the manual of Procedure (1971
edition)

4773-75 04/22/75 Resolution of the City Council of the City of Garden Grove amending the Manual of Procedure (1971
edition)

4443-73 07/03/73 Resolution of the City Council of the City of Garden Grove amending the Manual of Procedure (1971
edition)

4442-73 07/17/73 Resolution of the City Council of the City of Garden Grove amending the Manual of Procedure (1971
edition)

4353-73 04/16/73 Resolution of the City Council of the City of Garden Grove amending the Manual of Procedure (1971
edition)

4000-71 01/05/71 Resolution of the City Council of the City of Garden Grove adopting Manual of Procedure (1971 edition)

3543-68 08/06/68 Resolution of the City Council of the City of Garden Grove establishing City Council procedures

3114-66 03/01/66 Resolution of the City Council of the City of Garden Grove establishing procedure in connection with the
re-use and destruction of tape recordings of City
Council meetings

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MANUAL OF PROCEDURE

CITY COUNCIL MEETINGS

20162022 Edition

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TABLE OF CONTENTS
Page
No.

A. MEETINGS
A-1 Regular Meetings ---------------------------------------------- 1 A-2 Adjourned Meetings ------------------------------------------- 1 A-3 Special Meetings ----------------------------------------------- 1 A-4 Meetings to be Public ------------------------------------------ 2 A-5 Attendance ----------------------------------------------------- 3 A-6 Teleconferencing ------------------------------------------------ 3 A-67 Quorum -------------------------------------------------------- 3 B. AGENDA
B-1 Agenda, Preparation of ---------------------------------------- 34 B-2 Order of Business --------------------------------------------- 4 B-3 Agenda Contents ---------------------------------------------- 4 C. PRESIDING OFFICER
C-1 Mayor to Preside ----------------------------------------------- 67 C-2 Powers and Duties of Presiding Officer ----------------------- 7 D. ADDRESSING THE COUNCIL
D-1 Written Correspondence -------------------------------------- 8 D-2 Right to Address Council -------------------------------------- 89 D-3 Public Hearings ------------------------------------------------- 89 D-4 Oral Communications ------------------------------------------ 9 D-5 Manner of Addressing Council -------------------------------- 9 D-6 Time Limitation ------------------------------------------------ 910 D-7 Improper Remarks -------------------------------------------- 910 E. DEBATE AND DECORUM
E-1 Obtaining the Floor -------------------------------------------- 10 E-2 Questions to Staff --------------------------------------------- 10 E-3 Interruptions --------------------------------------------------- 1011 E-4 Points of Order ------------------------------------------------ 1011 E-5 Point of Personal Privilege ------------------------------------ 11 E-6 Remarks of Council Members and Synopsis of Debate ------ 11 E-7 Decorum and Order, Council and City Staff ------------------ 1112 E-8 Decorum and Order, Audience -------------------------------- 1112 E-9 Enforcement of Decorum ------------------------------------- 1213 E-10 Failure to Observe Rules of Order ---------------------------- 1213 F. MOTIONS
F-1 Presentation of Motions --------------------------------------- 1213 F-2 Second Required ---------------------------------------------- 1213

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TABLE OF CONTENTS
Page
No.

F-3 Precedence of Motions ---------------------------------------- 13 F-4 Particular Motions, Purpose and Criteria --------------------- 1314

G. VOTING
G-1 Voting Procedure ---------------------------------------------- 1516 G-2 Change of Vote ------------------------------------------------ 1617 G-3 Failure to Vote/Abstentions ----------------------------------- 1617 G-4 Conflict of Interest -------------------------------------------- 1617 G-5 Reconsideration and Rescission of Prior Action -------------- 17 H. MINUTES
H-1 Preparation of Minutes ---------------------------------------- 1718 H-2 Minutes of Hearings ------------------------------------------- 18 H-3 Reading of Minutes -------------------------------------------- 18 I. ORDINANCES, RESOLUTIONS AND CONTRACTS
I-1 Preparation of Ordinances, Resolutions and Contracts ------ 1819 I-2 Prior Approval by Administrative Staff ----------------------- 19 I-3 Enactment of Ordinances ------------------------------------- 1920 I-4 Adoption of Resolutions --------------------------------------- 2021 J. HEARINGS
J-1 Application and Definition ------------------------------------- 2021 J-2 Rights of Interested Persons ---------------------------------- 21 J-3 Presentation of Evidence -------------------------------------- 2122 J-4 Evidence Outside the Hearing -------------------------------- 24 J-5 Continuances -------------------------------------------------- 2425 J-6 Decision -------------------------------------------------------- 2425 J-7 Record of Hearing --------------------------------------------- 25

RESOLUTION INDEX 26

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A. MEETINGS
A-1. REGULAR MEETINGS
The City Council shall hold Regular Meetings on the second and fourth Tuesdays of each month at 6:30 p.m., or 5:30 p.m. if a Closed Session or Study Session is scheduled, in the Community Meeting Center, 11300 Stanford Avenue, Garden Grove; or at such other time or location 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 Community Meeting Center, the meetings may be held for the duration of the emergency at suc h other place as is designated by the Mayor or by four members of the City Council. When the day of any Regular Meeting falls on a legal holiday, as provided in the Municipal Code, no meeting shall be held on such holiday, but a Regular Meeting shall be held at the same hour on the following business day or as it shall be scheduled by the City Council in advance.

A-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, by mail, or by email written notice to each Council Member, and cause the. The City Clerk toshall provide a Notice and Call of the Special Meeting to each local newspaper of general circulation, radio or television station requesting notice in writing by email. Such notice must be both posted and delivered personally, by Fax, email 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

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the business to be transacted. No other business shall be considered at such meetings. No ordinances, other than urgency ordinances, may be adopted , nor may resolutions, orders for payment of money, or to set the . The compensation of the City Manager or exempt exe cutive employees be mademay not be discussed or voted upon . Resolutions, urgency ordinances or orders for payment of money may only be approved at a Special Meeting if the notice of the particular meeting specifies the business to be transacted.

A-4. MEETINGS TO BE PUBLIC
All Regular, Adjourned, and Special Meetings of the City Council shall be open and public, provided however, that the City Council may hold Closed Sessions from which the public may be excluded for the consideration of the following subjects:

The City Council may exclude from any such Closed Session during the examination of a witness any or all other witnesses in the matter being investigated.

(b) Attorney-Client Matters
To consider proposed, threatened, or pending litigation to which the City is a party.

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(d) Real Property Negotiations
To consider and discuss instructions to the City’s real property negotiator(s) concerning price and /or terms of payment pertaining to the sale, purchase, or lease of real property.

(e) To consider and deal with such other matters as may be authorized by law.

(f) The City Council may request City officers or employees to be present at any Closed Session.

A-5. ATTENDANCE
Council Members are expected to attend all meetings of the City Council. If a Council Member is absent without City Council permission from all Regular City Council meetings for 60 days consecutively from the last Regular Meeting attended, the office becomes vacant and shall be filled as any other vacancy.

A-6. TELECONFERENCING
Council Members may participate in Council meetings via teleconference subject to compliance with the requirements of the Brown Act (particularly Govt. Code Section 54953). Council Members wishing to teleconference must notify the Mayor and the City Clerk of the desire or need to attend the meeting via teleconference at the earliest opportunity possible to enable the City Clerk to comply with agenda posting requirements pursuant to the Brown Act (Govt.

Code Sections 54950 et seq.).

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a written notice of the adjournment to be delivered personally to each Council Member at least threetwenty-four hours before the Adjourned Meeting.

B. AGENDA
B-1. AGENDA, PREPARATION OF
An agenda shall be prepared for each Regular Meeting containing the specific items of business to be transacted and the order thereof. Items of business may be placed on the agenda by the City Manager, his representative, the City Attorney or by a majority vote of the City Council. Individual City C ouncil Members may place items for discussion on the agenda under “Matters from City Council Members”. Agenda items shall be delivered to the City Manager and/or City Clerk. The City Clerk shall thereafter prepare the agenda under the direction of the Ci ty Manager. The agenda, together with all reports pertaining thereto, shall be delivered to the Council Members no later than the 72 hours preceding the Regular Meeting. The agenda shall be made available to the public as soon as practicable , not later t han 72 hours preceding the Regular Meeting. No matters other than those listed on the agenda shall be finally acted upon by the City Council.

B-3. AGENDA CONTENTS
The Agenda shall contain the title headings and shall be conducted in the order and manner as set forth below:
(a) ROLL CALL

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The City Clerk shall call the roll of the Council Members and the names of those present and absent shall be entered in the minutes.

(b) CLOSED SESSION
All Closed Session items shall be listed on the Agenda and considere d pursuant to Sections 54950 et seq. of the California Government Codethe Brown Act.

(d) PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF

AMERICA

(e) PRESENTATIONS
The City Council shall from time to time recognize individuals and organizations and present awards or Certificates of Appreciation.

(f) ORAL COMMUNICATIONS COMBINED WITH OTHER LEGISLATIVE

BODIES - PUBLIC
The City Council shall consider Oral Communications from the audience simultaneously with the Successor Agency and, the Garden Grove Sanitary District , and other legislative bodies meeting at the same meeting time.

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(h) WRITTEN COMMUNICATIONS - REQUESTS
The City Council shall consider Written Communications from the public and from other agencies. The Agenda shall list written communications requiring City Council action, including a copy or a brief summary of the request.

(hi) CONSENT ITEMS
Consent Ite ms are acted on simultaneously with one motion unless separate discussion and/or action is requested by a Council Member.

(ij) PUBLIC HEARINGS
The City Council shall conduct all Public Hearings in accordance with the provisions of Section J-1 through J-7.

(jk) COMMISSION/COMMITTEE MATTERS
The City Council shall consider matters submitted by the Commissions, Committees, and Boards of the City.

(kl) ITEMS FOR CONSIDERATION
This section is for a wide variety of matters such as consideration of ordinances for introduction, resolutions, and contracts for amounts that exceed $250,000, staff reports and recommendations.

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(lm) ORDINANCES PRESENTED FOR SECOND READING AND ADOPTION Ordinances are adopted through a two-step process. First, an ordinance is introduced by the adoption of a motion to pass for second reading .

Second, the ordinance is again considered at a subsequent meeting at least five days after introduction for final adoption. It takes four affirmative votes to pass an ordinance.

(mn) MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY

MANAGER
The City Council shall consider all oral and written communications from Council Members and City Manager.

(no) ADJOURNMENT

C. PRESIDING OFFICER
C-1. MAYOR TO PRESIDE
The Mayor shall be the Presiding Officer at all meetings of the City Council. In the abse nce of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Manager shall call the City 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, or until adjournment.

C-2. POWERS AND DUTIES OF PRESIDING OFFICER
(a) Participation
The Presiding Officer may move, second, debate, and vote from the Chair. He/she shall not be deprived of any of the rights and privileges of a Council Member by reason of his/her acting as Presiding Officer.

(b) Questions to be Stated

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The Presiding Officer, or such member of the City staff as he/she may designate, may verbally restate each question immediately p rior to calling for the vote. Following the vote the City Clerk shall announce whether the question carried or was defeated. The Presiding Officer, at his/her discretion, may explain the effect of a vote to the audience, or he/she may direct a member of the City staff to do so, before proceeding to the next item of business.

(c) Maintaining Order and Decorum
The Presiding Officer shall be responsible for the maintenance of order and decorum at all meetings. Any decision or ruling of the Mayor may be appealed by request of any Council Member. The Mayor shall call for roll call to see if the Chair shall be upheld. If the roll call loses, the Mayor’s decision or ruling is reversed.

(d) Signing of Documents
The Presiding Officer shall sign all ordinances, resolutions, and other documents necessitating his/her signature that were adopted in his/her presence, unless he/she is unavailable, in which case an alternate Presiding Officer may sign such documents. Ad ditionally, certain documents are designated to be signed by the City Manager or his/her designee as it may be required by City Council resolution or minute action.

D. ADDRESSING THE COUNCIL
D-1. WRITTEN CORRESPONDENCE

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The City Manager or his/her designee is authorized to receive and open all mail addressed to the City Council, and he/she shall give it immediate attention so that all administrative business referred to in the communications, not necessarily requiring City Council action, may be disposed of between City Council meetings. Any communication requiring City Council action shall be placed upon the agenda, sometimes with a report and recommendation by the City staff. All correspondence requiring City Council action shall be answered or acknowledged as soon as practicable.

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questions shall be addressed to the City Council as a whole and not to any individual member. No question shall be asked of a Council Member or a member of the City staff wi thout first obtaining permission of the Presiding Officer.

D-6. TIME LIMITATION
Every person addressing the City Council will be requested to limit their address to fivethree (53) minutes or as granted by the City Council. When any group of persons wishe s to address the City Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesperson be chosen to represent the group, so as to avoid unnecessary repetition. At the City Council’s discretion, a limit on the total amount of time for public comments during oral communications and/or a further limit on the time allotted to each speaker during Oral Communications may be set in order to facilitate consideration of a topic or to allow completion of a meeting with a lengthy agenda within a reasonable time.

D-7. IMPROPER REMARKS
Any person making impertinent , slanderous, or profane remarks or who becomes boisterous while addressing the City Council shall be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may order the person barred from further audience before the City Council during that meeting. Any person disrupting the meeting may be warned and removed from the meeting pursuant to E-8 below.

E-2. QUESTIONS TO STAFF

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Every Council Member desiring to ask a question of the City staff shall, after recognition by the Presiding Officer, address his/her questions to the City Manager, the City Clerk, or the City Attorney. In the case of the City Manager, he/she shall either answer the inquiry himself/herself or to designate a member of the staff for that purpose.

E-3. INTERRUPTIONS
A Council Member, once recognized, shall not be interrupted when speaking unless called to order by the Presiding Officer, unless a point of orde r 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/she shall cease speaking until the question of order is determined and, if determined to be in order, he/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.

E-4. POINTS OF ORDER
The Presiding Officer shall determine all points of order subject to the right of any Council Member to appeal to the City Council. He/she may request an opinion of the City Attorney in making such determination. If an appeal is taken, the question shall be: Shall the decision of the Presiding Officer be sustained? The City Council decision shall conclusively determine such questions of order.

E-5. POINT OF PERSONAL PRIVILEGE
The right of a Council Member to address the City Council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are questioned, or where the welfare of the City Council is concerned. A Council Member raising a point of personal privilege may interrupt another Council Member who has the floor subject only to the power of the Presiding Officer to call him/her out of order.

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E-7. DECORUM AND ORDER, CITY COUNCIL AND CITY STAFF
While the City Council is in session, the Council Members and City staff shall preserve order and decorum. No member shall, by conversation or other delay, interrupt the proceedings or the peace of the City Council, disturb any other member while speaking, or refuse to obey the directives of the Presiding Officer.

E-8. DECORUM AND ORDER, AUDIENCE
Public members attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council and City staff. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the City Council may be warned by the Presiding Officer to address the City Council on the matter at hand or on matters within the subject matter jurisdiction of the City Council.

Any person disrupting the meeting while addressing the City Council or while attending the City Council meeting may be removed from thewarned that their behavior is disrupting the meeting and their failure to cease may result in removal from the meeting; if the person does not cease the disruptive behavior, they can be removed from the meeting room if the Sergeant-at-Arms is so directed by the Presiding Officer. Such person may be barred from further audience before the City Council during the meeting. Disruptive behavior is conduct that actually disrupts, impedes, or otherwise renders infeasible the orderly conduct of the meeting. No prior warning to a person to be removed

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is required if the person is engaging in behavior th at constitutes use of force or a true threat of force against any other person.

E-9. ENFORCEMENT OF DECORUM
The Chief of Police, or such member of the Police Department as he/she may designate, shall be Sergeant-at-Arms of the City Council and shall attend meetings when requested by the Presiding Officer, City Mana ger or City Council. He/she shall be available to respond to all meetings immediately upon call. He/she shall carry out all orders given by the Presiding Officer of the City Council for the purpose of maintaining order and decorum at the City Council meetings. Any Council Member may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Council Members present shall require him/her to do so.

E-10. FAILURE TO OBSERVE RULES OF ORDER
RulesThese rules are adopted to expedite the transaction of the business of the City Council in an orderly fashion and are deemed to be procedural only , and the . The failure to strictly observe such rules shall not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that is otherwise held in conformity with law.

F. MOTIONS
F-1. PRESENTATION OF MOTIONS

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A motion is the formal statement of a proposal or question to the City Council for consideration and action. The Mayor and each Council Mem ber have the right to present a motion.

F-2. SECOND REQUIRED
A motion by any Council Member shall not be considered by the City Council and voted on unless it receives a second.

F-3. PRECEDENCE OF MOTIONS
When a main motion is before the City Council, no motion shall be entertained except the following which shall have precedence, one over the other, in the following order:
(a) Adjourn
(b) Recess
(c) Postpone temporarily or definitely (table)
(d) Previous question
(e) Limit or extend debate
(f) Refer to committee or staff
(g) Amend/Substitute
(h) Postpone indefinitely

The above order of preference is subject to the following restrictions:
(a) A motion shall not be repeated without intervening business or discussion.
(b) A motion shall not be in order when the previous question has been ordered.
(c) A motion shall not be in order while a vote is being taken.

F-4. PARTICULAR MOTIONS, PURPOSE AND CRITERIA
The purpose and salient criteria of the above-listed motions is as follows:
(a) MOTION TO ADJOURN
Purpose. To terminate a meeting.

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Debatable or Amendable. No, except a motion to adjourn to another time is debatable and amendable as to the time to which the meeting is to be adjourned.

(b) MOTION TO RECESS
Purpose. To permit an interlude in the meeting and to set a definite time for continuing the meeting.

Debatable or Amendable. Yes, but restricted as to time or duration of recess.

(c) MOTION TO POSTPONE TEMPORARILY
Purpose. To set aside, on a temporary basis, a pending main motion, provided that it may be taken up again for consideration during the current meeting or at the next Regular Meeting. It is also referred to as a motion to lay on the table.

Debatable or Amendable. It is debatable but not amendable.

(d) MOTION FOR PREVIOUS QUESTION
Purpose. To prevent or stop discussion on the pending question or questions and to bring such question or questions to vote immediately.

If the motion fails, discussion shall continue. If the motion passes, a vote shall be taken on the pending motion or motions.

Debatable or Amendable. No.

Debatable or Amendable. Not debatable; amendments are restricted to period of time of the proposed limit or extension.

(f) MOTION TO REFER TO COMMITTEE OR STAFF

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Purpose. To refer the question before the City Council to a committee or to the City staff for the purpose of investiga ting or studying the proposal and to make a report back to the City Council. If the motion fails, discussion or vote on the question resumes.

Debatable or Amendable. Yes.

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(g) AMEND/SUBSTITUTE
Purpose. To modify or change a motion that is being considered by the City Council so that it will express more satisfactorily the will of the members. If the motion fails, discussion or vote on the main motion resumes. If the motion passes, then the main motion should be voted on as amended.

Debatable or Amendable . It is debatable unless applied to an undebatable main motion. It is amendable.

(h) POSTPONE INDEFINITELY
Purpose. To prevent further discussion and voting on the main motion.

If the motion fails, discussion and voting on the main motion resumes.

If it passes, the subject of main motion shall not be brought up again for the remainder of the meeting or the next Regular Meeting.

Debatable or Amendable. It is debatable but not amendable.

(i) MAIN MOTION
Purpose. The primary proposal or question before the City Council for discussion and decision.

Debatable or Amendable. Yes.

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Eminent domain actions require a 2/3rds vote of the City Council (5 members of a 7-person City Council) in order to insure that (1) there is conclusive evidence of public necessity for the proposed project, (2) there is conclusive evidence that the property is necessary, and (3) the proposed public improvement is planned and located in the manner most compatible with the greatest public good and least public injury.

G-2. CHANGE OF VOTE
A member may change his vote only if he/she 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.

G-3. FAILURE TO VOTE/ABSTENTIONS
Every member should vote unless disqualified for legal cause.

Self-disqualification, without approval, which results in a tie vote shall be avoided as a means of obstructing City Council action, but no Council Member shall be forced to vote. A Council Member who abstains without legal cause shall thereby consent that a majority of the members voting may act for him/her. Members abstaining are counted towards quorum, but they are not counted in the tally of votes. Tie votes sh all be lost motions and may be reconsidered.

G-4. CONFLICT OF INTEREST
Any Council Member who feels he/she may have a conflict of interest in any matter coming before the City Council shall disclose said interest and disqualify himself/herself from discussing or voting on the matter. Where it is not clear whether such interest is of a disqualifying nature, the Council Member shall state the facts of the matter to the City Attorney and request an opinion regarding a conflict prior to the meeting.

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G-5. RECONSIDERATION AND RESCISSION OF PRIOR ACTION
After motion and vote by the City Council, such action may be reconsidered or rescinded only in the following manner:
(a) RECONSIDERATION
A motion to set aside a vote (in essence, to reconsider) on a main motion shall always be in order at the same meeting. The motion to reconsider is amendable and debatable. Such motion can be made by any Council Member regardless of how he/she previously voted on the matter. If the motion to reconsider passes, its effect is to overrule and cancel the prior action.

H. MINUTES
H-1. 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 actions of the City Council.

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H-2. MINUTES OF HEARINGS
Whenever the City Council acts in a quasi-judicial proceeding, such as hearings as defined in Section J, the minutes shall contain a synopsis of all evidence considered in the hearing.

I. ORDINANCES, RESOLUTIONS AND CONTRACTS
I-1. PREPARATION OF ORDINANCES, RESOLUTIONS AND CONTRACTS (a) ORDINANCES
All ordinances shall be framed and approved by the City Attorney and shall be presented to the City Council only when ordered by the City Council, or City Manager, or prepared by the City Attorney on his/her own initiative.

Urgency resolutions shall be avoided except when absolutely necessary and shall be avoided entirely when such resolutions are prohibited by law.

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(c) CONTRACTS:

All contracts shall be prepared or approved as to form by the City Attorney and shall be presented to the City Council only when ordered by the City Council, City Manager, or City Attorney , or as may be required by law.

I-2. PRIOR APPROVAL BY ADMINISTRATIVE STAFF
All ordinances, resolutions and contract documents shall, before presentation to the City Council, have been approved as to form by the City Attorney and shall have been examined and approved for administration by the City Manager or his/her authorized representative, where there are substantive matters of administration involved.

I-3. ENACTMENT OF ORDINANCES
(a) INTRODUCTION
Ordinances shall be introduced for first reading by motion. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a Regular or Adjourned Regular Meeting held at least five days after alteration. Corrections or typographical or clerical errors are not considered alterations.

(b) PASSAGE
Ordinances shall be passed (second reading) by motion and by use of the voting board. Ordinances shall not be passed within five days of their introduction, nor at ot her than a Regular or Adjourned Regular Meeting. Ordinances require four affirmative votes.

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It must declare the facts constituting the urgency and it shall be passed by five affirmative votes.

(f) EFFECTIVE DATE
Ordinances take effect 30 days after their final passage. An ordinance takes effect immediately, if it is an ordinance:
(i) Relating to an election.
(ii) Of an urgency nature.
(iii) Relating to street improvement proceedings.
(iv) Relating to taxes for the usual and current expenses of the city. (v) Covered by particular provisions of law prescribing the manner of its passage and adoption.

J. HEARINGS
J-1. APPLICATION AND DEFINITION
The following procedural rules shall apply to all hearings before the City Council. As used herein the term "hearing" shall include all Public Hearings

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required by state law or City ordinance, and proceedings for the revocation, suspension or reinstatement of permits, licenses and franchises.

J-2. RIGHTS OF INTERESTED PERSONS
On the date and at the time and place designated in the notice, the City Council shall afford any interest ed person or his/her authorized representative, or both, the opportunity to examine and cross -examine witnesses, to present documentary evidence, to present statements, arguments, or contentions orally and/or in writing, subject to the rules on addressing the City Council and rules hereinafter stated.

J-3. PRESENTATION OF EVIDENCE
(a) Oral Evidence
All oral statements that are relevant to the subject matter of the hearing may be considered by the City Council. Oral evidence may be taken on oath or affirmation, at the request of any interested party or his/her authorized representative.

(b) Exhibits and Documents
Exhibits and documents used by the City staff and any persons participating in the hearing may be considered as evidence.

(c) Communications and Petitions
All communications and petitions concerning the subject matter of the hearing shall be read aloud either in full or by synopsis thereof, provided that a reading in full shall be at the request of any Council Member. All such communications and petitions may be considered as evidence by the City Council.

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(d) Staff Reports
Whenever practicable a written staff report shall be prepared and summarized aloud as part of the staff presentation. The report shall be considered as evidence.

(f) Admissible Evidence
The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make improper the admission of such evidence in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a decision unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.

(g) Burden of Proof and Persuasion
Regardless of the issue or issues from which the appeal is taken, and except as otherwise required by law, the burden of proo f and of persuasion of any fact or issue subject to proof before the City Council shall be on the Appellant. Only the issues or conditions appealed may be considered, except when an appeal is filed by a Council Member. In the event that a Council Member appeals, the entire case is appealed.

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(ii) If two appellants (one being the applicant):
- Staff presentation
- Permit applicant's presentation
- Opposition presentation and rebuttal
- Applicant's rebuttal (limited to issues raised by the opposition and answering City Council’s inquiries)

(i) Burden of Proof on City Council Appeals:

Irrespective of the nature of the decision from which the appeal is taken, the burden of pro of and of persuasion of any fact or issue subject to proof before the City Council shall remain on the permit applicant unless otherwise required by law. An appeal on one issue opens the entire case for City Council consideration.

(j) Order of Presenting Evidence on City Council Appeals:

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- Applicant rebuttal (limited to addressing points raised by opposition and answering City Council inquiries)

J-4. EVIDENCE OUTSIDE THE HEARING
Any evidence taken outside the Council Chamber, such as field trips, views of the premises and discussions with individuals, shall not be considered by the City Council in reaching its decision except:
(a) When, during the hearing, the meeting is adjourned to a date, place and time certain for the sp ecific purpose of taking visual or demonstrative evidence, such evidence may be considered; or

J-5. CONTINUANCES
Any hearing being held, or noticed or ordered to be held by the City Council may, by minute action, be continued to any subsequent Regular or Adjourned Meeting of the City Council, provided a copy of the order or notice of continuance is posted outside the Council Chamber forthwith following the meeting at which the order of continuance was made.

J-6. DECISION
The City Council shall consider all evidence properly presented in accordance with the rules stated herein, and unless otherwise provided by law, shall render a decision or determination on the matter within 40 days of the close of the hearing. The decision or determination shall be by motion made and action taken thereon at a Regular or Adjourned Meeting of the City Council. Any Council Member who was not present during the entire hearing and has not made himself/herself familiar with the proceedings of the hearing, or who, in the opinion of the City Attorney, has a substantial conflict of interest in the matter, shall disqualify himself/herself from discussing or voting on the matter.

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J-7. RECORD OF HEARING
A verbatim mechanical recording shall be made of the oral evidence presented at the hearing. The recording, together with all doc uments, maps, exhibits and displays admitted into evidence, shall be retained by the City Clerk for a period of two years from the date of the close of the hearing. In lieu of retaining the recording, the City Clerk may prepare a typewritten transcript thereof that shall be retained for the same period of time. The recording or transcript and evidentiary documents shall be made available for public inspection and use at reasonable times and under such reasonable conditions as may be prescribed by the City Council or the City Clerk.

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RESOLUTION INDEX

Resolution No. Date Adopted Change

####-22 11/15/22 Resolution approving an update to the Manual or Procedures for City Council Meeting
9399-16 12/13/16 Resolution approving a revision to the Manual of Procedures for City Council Meeting