1 RESOLUTION NO. 6773
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RI
RESTING THE RULES PROCEDURE FOR TE STATE AMENDING AND
3 CONDUCTING OF MEETINGS OF THE CITY COUNCIL.
4 5 WHEREAS, the City Council established rules and procedures for the conducting of 6 meetings of the City Council, which were adopted by Resolution No. 3383 on March 21, 7 1989; and
8 WHEREAS, the City Council adopted Resolution No. 3949 on June 1, 1993, 9 | amending subsection D [Time Limitation] of section IV [Addressing the Council] of Resolution 10 No. 3383 by revising the time limitation for public comments; and 11 WHEREAS, the City Council adopted Resolution No. 4202 on May 7, 1996, amending 12 paragraph 5 [Legislative Matters] of subsection C [Agenda Contents] of section II [Agenda] of 13 Resolution No. 3383 by clarifying the order of the pledge of allegiance and invocation on the 14 agenda; and
15 . WHEREAS, the City Council adopted Resolution No. 5791 on January 26, 2010, amending paragraph 5 [Legislative Matters] of subsection C [Agenda Contents] of section lI 17 [Agenda] of Resolution No. 3383 by allowing the adoption of ordinances on the consent 18 calendar portion of the agenda; and
19 WHEREAS, the City Council adopted Resolution No. 6301 on July 9, 2013, clarifying 20 that oral communications shall occur prior to the consent calendar on the agenda, as 21 provided in Resolution No. 3383; and
22 WHEREAS, several provisions of the rules and procedures established in Resolution 23 No. 3383, as amended by Resolution Nos. 3949, 4202, 5791, and 6301, are outdated and 24 | need to be updated; and
25 WHEREAS, the City Council desires to update and restate the rules and procedures 26 of Resolution No. 3383, as amended by Resolution Nos. 3949, 4202, 5791, and 6301, 27 through this Resolution.
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1 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rialto 2 does hereby resolve as follows:
3 Section 1. The City Council hereby rescinds Resolution Nos. 3383, 3949, 4202, 4 5791, and 6301, and replaces them with this Resolution amending and restating the rules and procedures for the conducting of meetings of the City Council. 6 Section 2. The rules and procedures for the conducting of meetings of the City 7 Council shall be as follows:
8 I. MEETINGS
9 A. REGULAR MEETINGS
10 The City Council shall hold regular meetings on the dates and at the time and place 11 set forth in Chapter 2,02 of the Rialto Municipal Code. If by reason of fire, flood, or other 12 emergency, it is unsafe to meet in the designated location stated in Chapter 2.02 of the 13 Rialto Municipal Code, the meetings may be held for the duration of the emergency at such 14 other place as is designated by the Mayor or, if he or she fails to act, by four members of the 15 City Council.
16 B. ADJOURNED MEETINGS
17 Any meetings may be adjourned to a time, place, and date certain, but not beyond the 18 next regular meeting, Once adjourned, the meeting,may not be reconvened. 19 C. SPECIAL MEETINGS
20 Special meetings may be called at any time by the Mayor, or by three members of the 21 City Council by delivering personally or by mail written notice to each Councilmember and to 22 each local newspaper of general circulation, radio, or television station requesting notice in 23 writing. Such notice must be delivered personally or by mail at least twenty-four hours before 24 the time of such meeting as specified in the notice. The call and notice shall be considered at 25 such meetings. Such written notice may be dispensed with as to any Councilmember who, at 26 or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice. 27 Such waiver may be given by telegram. Such written notice may also be dispensed with as 28 to any Councilmember who is actually present at the meeting at the time it convenes. (Original printed on acid-free paper)
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1 D. MEETINGS TO BE PUBLIC; EXCEPTION FOR CLOSED SESSIONS 2 All regular, adjourned, and special meetings of the City Council shall be open and 3 public, provided however, the City Council may hold closed sessions from which the public 4 may be excluded for the consideration of the subjects set forth in California Government Code, Sections 54950 et seq. -- commonly known as the Ralph M. Brown Act. 6 Unless excused by the City Council, the City Administrator and the City Attorney shall 7 be present during closed sessions.
8 No member of the City Council, employee of the City, or any other person present 9| during a closed session of the Council shall disclose to any person the content or substance 10 of any discussion that took place during the closed session, unless the City Council 11 authorizes the disclosure of the information by majority vote. 12 E. ATTENDANCE
13 Councilmembers are expected to attend all meetings of the City Council, If a 14 Councilmember is absent without permission from all regular City Council meetings for 60 15 days consecutively from the last regular meeting attended, the office of said Councilmember 16 becomes vacant and shall be filled as any other vacancy. 17 F. QUORUM
18 Three members of the Council shall constitute a quorum and shall be sufficient to 19 transact regular business. If less than three Councilmembers appear at a regular meeting, 20 any member, or if all members are absent, the City Clerk, shall adjourn the meeting to a 21 stated day and hour. The Clerk shall cause a written notice of the adjournment to be 22 delivered personally to each Councilmember at least three hours before the adjourned 23 meeting,
24 Il. AGENDA
25 A. PREPARATION OF THE AGENDA
26 An agenda shall be prepared for each regular meeting containing the specific items of 27 business to be transacted and the order thereof. Items of business may be placed on the 28 agenda by any Councilmember, the City Administrator, or the City Attorney. Agenda items (Original printed on acid-free paper)
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1 shall be delivered to the City Administrator not later than 5:00 P.M. on the Wednesday preceding the regular meeting. After reviewing and approving all agenda items prepared by 3 staff, the City Administrator shall deliver the items to the City Clerk The Clerk shall thereafter prepare the agenda under the direction of the City Administrator. Whenever feasible each item on the agenda shall contain a staff recommendation and the specific action requested to 6 be taken by the Council. The agenda, together with all reports pertaining thereto, shall be 7 delivered to the Councilmembers on the Thursday evening preceding the regular meeting.
The agenda shall be made available to the public as soon as practicable and shall be posted 9 no later than 72 hours prior to the time set for the regular meeting in accordance with 10 California Government Code, Section 54954.2. Except as otherwise provided in said Section, 11 no matters other than those listed on the agenda shall be finally acted upon by the Council, 12 B. ORDER OF BUSINESS
13 At the time set for each regular meeting, the Councilmembers, City Clerk, City 14 Administrator, City Attorney and such department heads as have been requested to be 15 present, shall take their regular places in the Council Chamber. The Mayor shall call the 16 meeting to order and the business of the Council shall be taken up for consideration and 17 disposition in the order set forth in Section C, except that with consent of a majority of the 18 Council, items may be taken up out of order.
19 C. AGENDA CONTENTS
20 Invocation:
21 The Mayor shall provide for an invocation whenever practicable. 22 2. Approval of Minutes:
23 The Council shall consider the correction, if necessary, and the approval of the minutes of the last meeting. A full reading of the minutes shall not be required unless requested by a majority of the Council.
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1 Approval of Expenditures:
2 A copy of the current warrant register shall be furnished to each Councilmember with the agenda. The Council shall consider the correction, if necessary, and the approval of the 4 current payroll register and current check register.
5 4. Public hearings:
6 The Council shall conduct all public hearings in accordance with the provisions of 7 Section X.
8 5. Legislative Matters:
9 The Council shall consider the introduction and adoption of ordinance and the 10 adoption of resolutions.
The agenda shall contain the title headings and shall normally be conducted in the 12 Corder and manner as set forth below:
13 ***
14 CALL TO ORDER
15 PLEDGE OF ALLEGIANCE
16 INVOCATION
17 ROLL CALL
18 CLOSED SESSION
19 ORAL COMMUNICATIONS
20 CONSENT CALENDAR
21 NOTICE TO THE PUBLIC
22 All matters listed under Consent Calendar are considered to be routine by the City 23 Council and will be enacted by one motion in the form listed below. There will be no separate 24 discussion of these items. If discussion is required, that item will be removed from the 25 Consent Calendar and will be considered separately. Vote may be by roll call. 26 a. Approval of minutes
27 b. Approval of warrant resolutions
28 c. Authorization to call for bids
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1 d. Approval of final tract maps and acceptance of dedications 2 e. Claims against the City
3 f. Fiscal year budget appropriations/adjustments
4 g. Resolutions of appreciation/proclamations
5 h. Setting date for public hearing
6 i. Award of bids/acceptance of proposals/agreements/contracts 7 j. Adoption of ordinances after introduction, unless public hearing is required 8 k. Miscellaneous
9 PUBLIC HEARINGS
10 RESOLUTIONS
ORDINANCES
a. For adoption, when public hearing is required
13 For introduction
14 UNFINISHED BUSINESS
15 NEW BUSINESS
16 WRITTEN COMMUNICATIONS
REPORTS
18 Mayor
19 b. Council
20 c. City Administrator
ADJOURNMENI
22 ***
6. Unfinished Business:
24 The Council shall consider items of business, requiring minute action, previously 25 under consideration at a meeting within one year of the present meeting and which have been either (a) continued to the present meeting; or (b) tabled or postponed indefinitely and 27 | now requested placed on the agenda by a majority of the Council. 28 (Ortginal printed on acid-free paper)
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1 7. New Business:
2 The Council shall consider items of business, requiring minute action, which have not 3 been considered at a meeting of the Council within one year of the present meeting. 4 8. Communications:
5 The Council shall receive and consider all written communications and receive all oral communications from the public. The agenda shall list all written communications requiring 7 Council action including a brief synopsis of the contents thereof. All written and oral 8 communications shall be subject to the provisions of Section IV. 9 9. Council Requests:
10 The Council shall receive all requests of individual Councilmembers for investigation 11 and reports by the City staff, commissions, boards and committees regarding any proper 12 matters of municipal business. Said requests shall be received without the necessity of the 13 specific item or request appearing on the agenda; provided however, that no action shall be 14 taken other than referring the matter for an investigation and report. 15 10. Adjournment:
16 The meeting shall be adjourned after a motion to adjourn has been made and carried. 17 Ill. PRESIDING OFFICER
18 A. MAYOR TO PRESIDE
19 The Mayor shall be the presiding officer at all meetings of the City Council. In the 20 absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the 21 Mayor and Mayor Pro Tempore, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Councilmember present to serve until the 23 arrival of the Mayor or Mayor Pro Tempore or until adjournment. 24 B. POWERS AND DUTIES OF PRESIDING OFFICER
25 Participation:
26 The Presiding Officer may move, second, debate, and vote from the Chair. The 27 Presiding Officer shall not be deprived of any of the rights and/or privileges of a 28 Councilmember by reason of holding the position of Presiding Officer. (Original printed on acid-free paper)
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1 Questions to be stated:
2 The Presiding Officer or such member of the City Staff as he or she may designate 3 may verbally restate each question immediately prior to calling for the vote. Following the 4 vote the Presiding Officer shall announce whether the question carried or was defeated. It is 5 within the discretion of the Presiding Officer to publicly explain the effect of a vote for the 6 audience, or to direct a member of the City staff to do so, before proceeding to the next item of business.
8 Maintaining Order and Decorum:
9 The Presiding Officer shall be responsible for the maintenance of order and decorum 10 | at all meetings. The Presiding Officer shall decide all questions of order, subject, however, to 11 an appeal to the Council.
12 4. Signing of Documents:
13 The Presiding Officer shall sign all ordinances, resolutions, contracts, and other 14 documents necessitating his or her signature and which were adopted in his or her presence, 15 | unless the Presiding Officer is unavailable, in which case an alternate Presiding Officer may 16 sign such documents.
17 Appointment of Committees:
18 The Mayor may, subject to the advance approval of the Council, appoint such 19 committees of Councilmembers, City staff, and private citizens or a combination thereof as is 20 deemed necessary and expedient to assist and advise the Council in its work. 21 Sworn Testimony:
22 The Presiding Officer may require any person addressing the City Council to be sworn 23 as a witness and to testify under oath, and the Presiding Officer shall so require if directed to 24 do so by a majority vote of the Council.
25 IV. ADDRESSING THE COUNCIL
26 A. WRITTEN CORRESPONDENCE
27 The City Administrator is authorized to receive and open all mail addressed to the City 28 Council and to give it immediate attention to the end that all administrative business referred (Original printed on acid-free paper)
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1 to in said communications and not necessarily requiring Council action may be disposed of 2 between Council meetings; provided, that all communications and any action taken pursuant thereto shall be reported to the City Council. Any communication requiring Council action 4 shall be placed upon the agenda for the next regular meeting together with a report and 5 recommendation by the City staff. All correspondence shall be answered or acknowledged 6 as soon as practicable.
7 RIGHT TO ADDRESS COUNCIL
8 Subject to the provision of Section I V-C, D and E, every taxpayer, resident, or 9 interested person of the City shall have the absolute right to address the Council during 10 consideration of items under the following headings of business:
Public Hearings:
12 Interested persons or their authorized representatives may address the Council, while 13 a matter is open to public hearing, in regard to remarks or questions relevant to the matter 14 under consideration.
15 2. Communications:
16 Taxpayers or residents of the City or their authorized representatives, may address 17 the Council by oral communication on any matter concerning municipal business over which 18 the Council has influence or control.
19 In addition to the absolute right to address the Council during consideration of the 20 above item heading of business, any interested person may request permission from the 21 Presiding Officer to address the Council relevant to the subject matter under consideration. 22 Such request should, whenever practicable, be made prior to a motion being made on the 23 subject. The granting or denial of such a request by the Presiding Officer may be appealed to 24 the City Council by a member of the Council.
25 C. MANNER OF ADDRESSING COUNCIL
26 Any person desiring to address the Council shall stand and wait to be recognized by 27 the Presiding Officer, and after being recognized, shall proceed to the microphone, be 28 requested (but not required) to state their name and address for record, and proceed to (Original printed on acid-free paper)
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1 address the Council. All remarks and questions shall be addressed to the Council as a whole and not to any member thereof. No question shall be asked a Councilmember or a member 3 of the City staff without first obtaining permission of the Presiding Officer. 4 D. TIME LIMITATION
5 Every person addressing the Council shall limit their address to five (5) minutes, 6 unless further time is granted by the Presiding Officer, subject to appeal decided by a majority of the Council. When any group of persons wishes to address the Council on the 8 same subject matter, it shall be proper for the Presiding Officer to request the group to 9 designate a spokesperson so as to avoid unnecessary repetition. 10 E. IMPROPER REMARKS
11 Any person making any impertinent, slanderous, or profane remark, who becomes 12 boisterous, or who engages in any other disorderly conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of a meeting while addressing the Council shall be 14 called to order by the Presiding Officer, who within his or her discretion may order the person 15 barred from further audience before the Council during that meeting. 16 V. DEBATE AND DECORUM
17 A. GETTING THE FLOOR
18 Every Councilmember desiring to speak shall first address the Chair, gain recognition 19 by the Presiding Officer, and shall confine himself or herself to the question under debate, 20 avoiding personalities and indecorous language.
21 B. QUESTIONS TO STAFF
22 Every Councilmember desiring to question the City staff shall, after recognition by the 23 Presiding Officer, address the question to the City Administrator, the City Clerk, or the City 24 Attorney. In the case of the City Administrator, he or she may designate another member of 25 City staff to respond to the question.
26 C. INTERRUPTIONS
27 A Councilmember, once recognized, shall not be interrupted when speaking unless 28 called to order by the Presiding Officer, unless a point of order or personal privilege is raised (Original printed on acld-free paper)
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1 | by another Councilmember, or unless the speaker chooses to yield to a question by another 2° Councilmember. If a Councilmember, while speaking, is called to order, the Councilmember shall cease speaking until the question of order is determined and, if determined to be in 4 order, may proceed. Members of the City staff, after recognition by the Presiding Officer, 5 shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
D. POINTS OF ORDER
8 The Presiding Officer shall determine all points of order subject to the right of any 9 Councilmember to appeal to the Council. The Presiding Officer may request an opinion of the City Attorney in making such determination. If an appeal is taken, the question shall be, 11 "Shall the decision of the Presiding Officer be sustained?" Council decision shall conclusively 12 determine such question of order.
13 E. POINT OF PERSONAL PRIVILEGE
14 The right of a Councilmember to address the Council on a question of personal 15 privilege shall be limited to cases in which the integrity, character or motives of the 16 Councilmember are questioned, or where the welfare of the Council is concerned. A 17 Councilmember raising a point of personal privilege may interrupt another Councilmember 18 who has the floor, subject only to the power of the Presiding Officer to call him or her out of 19 | order.
20 F. REMARKS OF COUNCILMEMBERS AND SYNOPSIS OF DEBATE
21 Any Councilmember shall have the right of having an abstract of their statement 22 and/or synopsis of the debate on any subject under consideration by the Council entered in 23 the minutes. Such right shall be exercised by specific direction to the City Clerk at the 24 Council meeting.
25 G. DECORUM AND ORDER, COUNCIL AND CITY STAFF
26 While the Council is in session, the Councilmembers and City Staff shall preserve 27 order and decorum. A Councilmember shall neither by conversation or otherwise delay or 28 (Original printed on acid-free paper)
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1 interrupt the proceedings or the peace of the Council nor disturb any member while speaking 2 or refuse to obey the directives of the Presiding Officer. 3 H. DECORUM AND ORDER, AUDIENCE
4 Public members attending Council meetings shall observe the same rules of order and decorum applicable to the Council and staff. Any person making an impertinent, slanderous, or profane remark, who becomes boisterous, or who engages in any other disorderly conduct that disrupts, disturbs, or otherwise impedes orderly conduct while addressing the Council or while attending the Council meeting may be removed from the 9 room, if the sergeant-at-arms is so directed by the Presiding Officer, and such person may 10 be barred from further audience before the Council during that meeting. Unauthorized 11 remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations that 12 disrupt, disturb, or otherwise impede orderly conduct shall not be permitted by the Presiding 13 Officer, who within his or her discretion may direct the sergeant-at-arms to remove such 14 offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint 15 signed by the Presiding Officer or a member of the Council. 16 I. ENFORCEMENT OF DECORUM
17 The Chief of Police, or such member of the Police Department as the Chief may 18 designate, shall be Sergeant-at-Arms of the City Council and shall attend meetings at the 19 request of the Presiding Officer, City Administrator, or City Council. The Sergeant-at-Arms 20 shall be available to respond to all meetings immediately upon call, and shall carry out all 21 orders given by the Presiding Officer or Council for the purpose of maintaining order and 22 decorum at the Council meetings. Any Councilmember may move to require the Presiding 23 Officer to enforce the rules and the affirmative vote of a majority of the Councilmembers 24 present shall require him or her to do so.
25 FAILURE TO OBSERVE RULES OF ORDER
26 Rules adopted to expedite the transaction of the business of the Council in an orderly 27 fashion are deemed to be procedural only and the failure to strictly observe such rules shall 28 (Original printed on acid-free paper)
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1 not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is 2 otherwise held in conformity with law,
3 VI. MOTIONS
4 A. PRESENTATION OF MOTIONS
5 A motion is the formal statement of a proposal or question to the Council for 6 consideration and action. Every Councilmember has the right to present a motion. 7 B. SECOND REQUIRED
8 A second to a motion is required.
9 C. PRECEDENCE OF MOTIONS
When a main motion is before the Council, no motion shall be entertained.
The following exceptions shall have precedence, one over the other, in the following order:
13 (a) Adjourn
14 Recess
15 (c) Postpone temporarily or definitely (table)
16 (d) Limit or extend debate
17 (e) Refer to committee or staff
18 (7) Amend
19 (g) Postpone indefinitely
20 The above order of preference is subject to the following restrictions:
21 (a) A motion shall not be repeated without intervening business or 22 discussion.
23 (b) A motion shall not be in order when the previous questions has 24 been ordered.
25 (c) A motion shall not be in order while a vote is being taken. 26 D. PARTICULAR MOTIONS, PURPOSE AND CRITERIA
27 The purpose and salient criteria of the above listed motions are as follows:
28 Motion to Adjourn
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•
1 (a) Purpose: To terminate a meeting.
2 (b) A motion to adjourn is not debatable or amendable, except that 3 a motion to adjourn to another time is debatable and amendable 4 as to the time to which the meeting is to be adjourned. 5 Motion to Recess
6 (a) Purpose: To permit an interlude in the meeting and to set a 7 definite time for continuing the meeting.
(b) A motion to recess is debatable and amendable, but any such 9 debate or amendment is limited to the duration of the recess.
3. Motion to Postpone Temporarily
(a) Purpose: To set aside, on a temporary basis, a pending main 12 motion, provided that it may be taken up again for consideration during the current meting or at the next regular meeting. It is 14 also referred as a motion to table.
15 4. Motion for Previous Question
16 (a) Purpose: To prevent or stop discussion on the pending question or questions and to bring such question or questions to vote 18 immediately. If the motion fails, discussion shall continue. If the 19 motion passes, a vote shall be taken on the pending motion or 20 motions.
21 (b) A motion for the previous question is not debatable or amendable.
Motion to Limit or Extend Debate
24 (a) Purpose: To limit or determine the time that will be devoted to 25 discussion of a pending motion or to extend or remove 26 limitations already imposed on its discussion.
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1 (b) A motion to limit or extend debate is not debatable, but is 2 amendable solely as to the period of time of the proposed limit 3 or extension.
4 6. Motion to Refer to Committee or Staff
5 (a) Purpose: To refer the question before the Council to a 6 committee or to the City staff for the purpose of investigating or 7 studying the proposal and to make a report back to the Council. 8 If the motion fails, discussion or vote on the question resumes. 9 (b) A motion to refer to committee or staff is both debatable and 10 amendable.
Motion to Amend
12 (a) Purpose: To modify or change a motion that is being considered 13 by the council so that it will express more satisfactorily the will of 14 the members. If the motion fails, discussion or vote on the main 15 motion resumes. If the motion passes, then the main motion 16 should be voted on as amended.
17 (b) A motion to amend is debatable unless applied to an 18 undebatable main motion. A motion to amend is amendable. 19 8. Motion to Postpone Indefinitely
20 (a) Purpose: To prevent further discussion and voting on the main 21 motion.
22 (b) If the motion fails, discussion and voting on the main motion 23 resumes. If the motion passes, the subject of the main motion 24 shall not be brought up again for the remainder of the meeting. 25 9. Main Motion
26 (a) Purpose: The primary proposal or question before the Council 27 for discussion and decision.
28 (b) The main motion is both debatable and amendable. (Original printed on acid-free paper)
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1 VII. VOTING
2 A. VOTING PROCEDURE
3 When any motion is in order for the question, a vote thereon shall be taken by voice or 4| roll call and entered in full upon the record. Motions may be passed by a simple majority of the members present at a properly quorumed meeting (2 votes sufficient if only 3 members present); provided, however, that the following matters shall always require three affirmative 7 votes, except as otherwise required by law:
8 Adoption of Ordinances;
9 Adoption of Resolutions; and
10 3. Orders for payment of money.
11 A roll call vote shall be used for the above enactments. All other motions shall not 12 I require a roll call vote unless demanded by a Councilmember before the negative has been 13 put. It shall not be in order for members to explain their vote during the roll call. 14 B. CHANGE OF VOTE
15 A member may change his or her own vote only if a timely request to do so is made 16 immediately following the announcement of the vote and prior to the time that the next item 17 in the order of business is taken up. A Councilmember who publicly announces that he or 18 she is abstaining from voting on a particular matter subject to a public hearing, and as a result does not participate in a significant portion of such hearing, may not subsequently 20 withdraw his or her abstention.
21 FAILURE TO VOTE
22 Every member should vote unless disqualified for cause accepted by vote of the 23 Council or by opinion of the City Attorney. Self-disqualification, without approval, which 24 results in a tie vote shall be avoided as thwarting Council action, but any Councilmember 25 | who abstains shall in effect consent to the action taken by the majority. Tie votes shall be lost 26 motions and may be reconsidered.
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D. CONFLICT OF INTEREST
2 Any Councilmember who has a direct personal financial interest in any matter coming 3 before the City Council shall disclose said interest and shall disqualify himself or herself from 4 discussing or voting on said matter. Where it is not clear whether such interest is of a disqualifying nature, the Councilmember shall state the facts of the matter to the City Attorney and request an opinion thereon prior to the meeting. A Councilmember who is 7 disqualified by reason of a conflict in interest in any matter, other than on a consent calendar item that is voted upon along with the remainder of the consent calendar, may not remain in 9 his/her seat during the debate and vote on the matter, but shall request and be given the 10 permission of the Presiding Officer to step down from the council table and leave the Council Chamber. A Councilmember stating disqualification shall not be counted as a part of a 12 quorum and shall be considered absent for the purpose of determining the outcome of a vote 13 on the matter.
14 E. RECONSIDERATION AND RESCISSION OF PRIOR ACTION
15 After motion and vote by the Council, such action may be reconsidered or rescinded 16 only in the following manner:
17 1. Reconsideration.
18 A motion to set aside or reconsider a vote on a main motion shall always be in order 19 at the same meeting. The motion to reconsider is amendable and debatable. Such motion 20 can be made by any Councilmember regardless of how that member previously voted on the 21 matter. If the motion to reconsider passes, the effect thereof is to overrule and cancel the 22 prior action.
2. Rescission.
24 A motion to rescind (repeal, cancel, nullify) prior Council action on a main motion shall 25 be in order at any meeting of the Council. The effect of rescinding prior Council action shall 26 operate prospectively only and not retroactively to the date of the original action. That is, it 27 shall not operate to adversely affect intervening legal rights which create an estoppel 28 situation.
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1 3. Lost Motions,
2 A lost motion is one that fails to receive the necessary number of votes to carry. Tie 3 votes result in lost motion. Lost motions may be renewed at any subsequent Council 4 meeting. To revive a lost motion at the same meeting, the proper action is a motion to 5 reconsider, discussed above.
6 VIll. MINUTES
7 A. PREPARATION OF MINUTES
8 The minutes shall consist of a clear and concise statement of each and every Council 9 action, including the motions made and the vote thereon. Reasons for making a motion or 10 voting, Council debate, and audience reaction are generally irrelevant for purposes of the 11 minutes. Such items may be included if considered to be particularly relevant or otherwise 12 necessary, by the City Clerk in the first instance and by the Council in the final Instance. The 13 City Clerk shall have exclusive responsibility for preparation of the minutes, and any 14 directions for changes in the minutes shall be made only by action of the City Council. 15 B. MINUTES OF HEARINGS
16 Whenever the Council acts in a quasi-judicial proceeding, such as hearings as defined 17 in Section X, the minutes shall contain a synopsis of all evidence considered in the hearing, 18 including statements of persons addressing the Council. 19 C. READING OF MINUTES
20 Unless the reading of the minutes of a Council meeting is ordered by a majority vote 21 of the Council, such minutes may be approved without reading if the City Clerk has 22 previously furnished each Councilmember with a copy. 23 IX. ORDINANCES, RESOLUTIONS, AND CONTRACTS
24 A. PREPARATION OF ORDINANCES, RESOLUTIONS, AND CONTRACTS 25 1. Ordinances
26 All ordinances shall be framed by the City Attorney and shall be presented to the 27 Council only when ordered by the Mayor or any member of the Council, requested by the 28 City Administrator, or initiated and prepared by the City Attorney. (Original printed on acid-free paper)
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1 Resolutions
2 It shall be considered best practice to have all resolutions prepared by the City 3 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 for later execution. 6 3. Contracts
7 All contracts shall be prepared or approved by the City Attorney and shall be 8 presented to Council only when ordered by the Council, or submitted by the Mayor, City 9| Administrator, or City Attorney.
10 B. PRIOR APPROVAL BY ADMINISTRATIVE STAFF
11 All ordinances, resolutions, and contract documents shall before presentation to the Council, have been approved as to form and legality by the City Attorney and shall have been examined and approved for administration by the City Administrator or such authorized, 14 representative as the latter may designate, where there are substantive matters of 15 administration involved.
16 ENACTMENT OF ORDINANCES
17 1. Introduction
18 Ordinances shall be introduced for first reading by motion. When ordinances, other 19 than urgency ordinances, are altered after introduction, they shall be reintroduced for a new 20 first reading. Corrections or typographical or clerical errors shall not be considered 21 alterations.
22 Adoption
23 Ordinances shall be adopted (second reading) by motion and roll call vote. 24 Ordinances shall not be adopted within five (5) days of their introduction, nor at other than a 25 regular or adjourned regular meeting.
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1 Reading
2 Except when, after reading the title, further reading is waived by regular motion adopted by majority vote of the Councilmembers present, all ordinances shall be read in full 4 either at the time of introduction or passage.
5 4. Urgency Ordinance
6 An urgency ordinance is an ordinance for the immediate preservation of the public peace, health or safety of the City. It may be passed immediately upon introduction and 8 either at a regular or special meeting. It must declare the facts constituting the urgency and it 9 shall be passed by four affirmative votes.
10 5. Publication
11 Within 15 days after its adoption, the City Clerk shall cause each ordinance, or a 12 synopsis thereof, to be published at least once in a newspaper of general circulation 13 circulated in the city, except that when a synopsis is published, it shall be published twice. 14 6. Effective Date
15 An ordinance takes effect 30 days after its adoption, except for the following 16 ordinances which shall take effect immediately upon adoption:
17 (a) Relating to an election;
18 (b) For the immediate preservation of the public peace, health or 19 safety, containing a declaration of the facts constituting the 20 urgency, and is passed by a four-fifths vote of the City Council; 21 (c) Relating to street improvement proceedings;
22 (d) Relating to taxes for the usual and current expenses of the City; 23 or
24 (e) Covered by particular provisions of law prescribing the manner 25 of its passage and adoption.
26 D. ADOPTION OF RESOLUTIONS
27 Resolutions may be adopted by motion on the date they are first presented to the 28 Council. It is not required that resolutions be read, either in full or by title only. (Original printed on acid-free paper)
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1: X. HEARINGS
2 A. APPLICATIONS AND DEFINITION
3 The following procedural rules shall apply to all hearings before the City Council. As 4 used herein, the term "hearing" shall include all public hearings required by state law or 5 proceedings for the revocation, suspension or reinstatement of permits, licenses and 6 franchises.
7 B. RIGHTS OF INTERESTED PERSONS
8 On the date and at the time and place designated in the notice, the Council shall afford any interested person or their authorized representative, or both, the opportunity to 10 present documentary evidence, to present statements, arguments, or contentions orally 11 and/or in writing, subject to the rules on addressing the Council and rules hereinafter stated. 12 The Presiding Officer shall first ask the City Administrator, or other staff members if so 13 designated by the City Administrator, to explain the item which is the subject of the hearing. 14 Thereafter the Presiding Officer shall invite the applicant, if any, to make a presentation to 15 the Council. Following this, members of the public shall be invited to speak on the item. 16 Anyone wishing to speak shall be requested, but not required, to complete an 17 appearance card and present it to the City Clerk before speaking. On the card, the individual 18 may record his or her name and address and indicate that she or she wants to speak at the 19| public hearing (vis-a-vis the "Oral Communications" section of the agenda). On the 20 appearance card the individual shall note whether he or she will be speaking "for" or 21 "against" the item. The Presiding Officer shall call first all of those wishing to speak "for" the 22 item in the order that their cards were received. Then the Presiding Officer shall call those 23 wishing to speak "against" the item in the order that their cards were received. Finally, the 24 applicant shall be offered the opportunity for rebuttal. All comments will be limited to five (5) 25 minutes duration.
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1 C. PRESENTATION OF EVIDENCE
2 Oral Evidence
3 All oral statements which are relevant to the subject matter of the hearing may be 4 considered by the Council. Oral evidence may be taken on oath or affirmation, at the request 5 of any interested party or their authorized representative. 6 2. Exhibits and Documents
7 Exhibits and documents used by the city staff and any persons participating in the 8 | hearing may be considered as evidence.
9 Communication and Petitions
10 All communications and petitions concerning the subject matter of the hearing shall be 11 read aloud either in full or by synopsis thereof, provided that a reading in full shall be had at 12 the request of any Councilmember. All such communications and petitions may be 13 considered as evidence by the Council.
14 4. Staff Reports
15 Whenever practicable, a written staff report shall be prepared and verbally 16 summarized as part of the staff presentation. Said report shall be considered as evidence. 17 5. Large Maps and Displays
18 Large size maps and displays presented for use at the hearing shall, whenever 19 practicable, be displayed in full view of the participants and the audience. Said maps or 20 displays, or authentic reductions thereof, may be considered as evidence. 21 Admissible Evidence
22 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 24 responsible persons are accustomed to reply in the conduct of serious affairs regardless of •
25 the existence of any common law or statutory rule which might make improper the admission 26 of such evidence in civil actions. Hearsay evidence may be used for the purpose of 27 supplementing or explaining other evidence but shall not be sufficient in itself to support a 28 decision unless it would be admissible over objection in civil actions. The rules of privilege (Original printed on acid-free paper)
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1 shall be effective to the extent that they are otherwise required by statute to be recognized at 2 the hearing, and irrelevant and unduly repetitious evidence shall be excluded. 3 D. EVIDENCE OUTSIDE THE HEARING
4 Any evidence taken outside the council chambers such as field trips, views of the 5 premises and discussions with individuals, shall not be considered by the Council in reaching its decision except under the following circumstances:
7 When, during the hearing, the meeting is adjourned to a date, place and 8 time certain for the specific purpose of taking visual or demonstrative evidence, such 9 evidence may be considered; or
10 2. With the consent, either written or oral, of all interested persons, or their 11 authorized representatives, appearing at the hearing; individual Councilmembers may take 12 visual or demonstrative evidence outside the council chambers, provided, that the hearing 13| shall be continued to a date and time certain and upon reconvening in chambers, each 14 Councilmember shall orally report their observations of such outside evidence taken, and 15 said Councilmember shall be subject to examination thereon by any interested person or 16 their authorized representative.
17 All outside discussions between Councilmembers and individuals relating to the subject matter of the hearing shall be publicly disclosed. 19 E. CONTINUANCES
20 Any hearing being held, or noticed or ordered to be held by the Council may, by 21 minute action, be continued to any subsequent regular or adjourned meeting of the Council, 22 provided, that if the hearing is continued to a time less than 24 hours after the time specified 23 in the order on notice of hearing, a copy of the order or notice of continuance shall be posted 24 outside the council chambers forthwith following the meeting at which the order of 25 continuance was made.
26 Section 3. The City Clerk shall certify to the adoption of this Resolution. 27 28
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PASSED, APPROVED AND ADOPTED this 23rd day of June, 2015. 2 Mere Fide
3 4 Deborah Robertson, Mayor, City of Rialto
ATTEST:
7 Barbara A. McGee, City Clerk
PPROVEP AS TO FORI
10 Fred Galante, City Attorney
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STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) SS.
3 CITY OF RIALTO )
4 1, Barbara A. McGee, City Clerk of the City of Rialto, DO HEREBY CERTIFY that he foregoing Resolution No. 6773 was duly passed and adopted at a regular meeting of 6 | the City Council of the city of Rialto held on the 23rd day of June, 2015. 7 Upon motion of Council Member Scott, seconded by Council Member Baca Jr. 8 the foregoing Resolution No. 6773 was duly passed and adopted. 9 VOTE ON THE MOTION
10| AYES: Mayor Robertson, Council Members: Baca Jr., and Scott 11 NOES: Council Members: Palmer and O'Connell
12 ABSENT: None
13 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal o 14 the City of Rialto this 14th day of July, 2015.
15 Bales a Menu
16 17 Barbara A. McGee, City Clerk
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