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RESOLUTION NO ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIALTO, STATE OF CALIFORNIA, AMENDING AND
RESTATING THEADOPTING UPDATED RULES AND
PROCEDURES FOR THE CONDUCTINGCONDUCT OF
MEETINGS OF THE CITY COUNCIL MEETINGS.
WHEREAS, the City Council previously established rules and procedures for the conductingconduct of meetings of the City Council, meetings which were adopted by Resolution No. 3383 on March 21, 1989; and
WHEREAS, the City Council adopted Resolution No. 39496773 on June 1, 1993, amending subsection D [Time Limitation] of section IV [Addressing the Council] of Resolution No. 3383 by revising the time limitation for public comments; and
WHEREAS, the City Council adopted Resolution No. 4202 on May 7, 1996, amending paragraph 5 [Legislative Matters] of subsectio n C [Agenda Contents] of section II [Agenda] of Resolution No. 3383 by clarifying the order of the pledge of allegiance and invocation on the agenda; and
WHEREAS, the City Council adopted Resolution No. 5791 on January 26, 2010, amending paragraph 5 [Legislative Matters] of subsectio n C [Agenda Contents] of section II [Agenda] of Resolution No. 3383 by allowing the adoption of ordinances on the consent calendar portion of the agenda; and
WHEREAS, the City Council adopted Resolution No. 6301 on July 9, 2013, clarifying that oral communications shall occur prior to the consent calendar on the agenda, as provided in Resolution No. 3383; and
WHEREAS, several provisions of23, 2015, superseded and replaced the rules and procedures establishedoriginally adopted in Resolution No. 3383 on March 21, 1989, as previously amended by Resolution Nos. 3949, 4202, 5791, and 6301, are outdated; and need to be updated; and WHEREAS, the City Council desires to update and restate theadopt updated rules and procedures of Resolution No. 3383, as amended by Resolution Nos. 3949, 4202, 5791, and 6301, through for the conduct of meetings by means of this Resolution. resolution. 1 2
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NOW, THEREFORE, BE IT RESOLVED , that the City Council of the City of Rialto does hereby resolve as follows:
Section 1. The City Council hereby rescinds Resolution Nos. 3383, 3949, 4202, 5791, and 6301,No. 6773 and replaces themand supersedes it with this Resolution amending and restatingsetting forth the rules and procedures for the conductingconduct of meetings of the City Council.
Section 2. The rules and procedures for the conductingconduct of meetings of the City Council shall be as follows:
I. MEETINGS
A. REGULAR MEETINGS
The City Council shall hold regular meetings on the dates and at the time and place set forth in Chapter 2,.02 of the Rialto Municipal Code. If by reason of fire, flood, or other emergency, it is unsafe to meet in the designated location stated in Chapter 2.02 of the Rialto Municipal Code, the meetings may be held for the duration of the emergency at such other place as is designated by the MayorPresiding Officer or, if he or she fails to act, by four members of the City Council.
B. ADJOURNED MEETINGS
Any meetingsmeeting may be adjourned to a time , place, and date certain , but not beyond the next regular meeting, Once adjourned, the m eeting may not be reconvened as provided for in Government Code section 54955.
C. SPECIAL MEETINGS
Special meetings may be called at any time by the Mayor, or by three members of the City Council by delivering personally or by mail written notice to each Councilmember and to each local newspaper of general circulation, radio, or tele vision station requesting notice in writing. Such notice must be delivered personall y or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall be cons idered at such meetings. Such written notice may be dispensed with as to any Councilmember who, at or prior to the time the meeting convenes, files with the Ci ty Clerk a written waiver of not ice. Such waiver may be given 1 2
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by telegram. Such written notice may also be dispensed with as to any Councilmember who is actually present at the meeting at the time it convenes.
Special meetings may be called at any time as provided for in Government Code section 54956.
D. MEETINGS TO BE PUBLIC; EXCEPTION FOR CLOSED SESSIONS All regular, adjourned, and special, and emergency meetings of the City Council shall be open and public, provided however, the City C ouncil may hold closed sessions from which the public 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.
Unless excused by the City Council, the City AdministratorManager and the City Attorney shall be present during closed sessions.
No member of the City Council, employee of the City, or any other person present during a closed session of the Council shall disclose to any person the content or substance of any discussion that took place during the closed session, unless the City Council authorizes the disclosure of the information by majority vote.
E. ATTENDANCE
Councilmembers are expected to attend all meetings of the City Council ,. If a Councilmember is absent without permission from all regular City Council meetings for 60 days consecutively from the last regular meeting at tended, the office of said Councilmember becomes vacant, as provided for in Government Code section 36513, and shall be filled as any other vacancy.
F. QUORUM
Three members of the Council shall constitute a quorum and shall be sufficient to transact regular business. If less than three Councilmembers appear at a regular meeting, any member, or if all members are absent, the City Clerk, shall adjourn the meeting to a stated day and hour. The Clerk shall cause a written notice of the adjournment to be delivered personally to each Councilmember at least three hours before the adjourned meeting,as provided in Government Code section 54955. 1 2
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II. AGENDA
A. PREPARATION OF THE AGENDA
An agenda shall be prepared for each regul ar meeting containing the specific items of business to be transacted and the order thereof. It ems of business may be pl aced on the agenda by any Councilmember, the City AdministratorManager, or the City Attorney. Agenda items shall be delivered to the City AdministratorManager not later than 5:00 P.M. on the Wednesday preceding the regular meeting. After reviewing and approving all agenda items prepared by staff, the City AdministratorManager shall deliver the items to the City Clerk. The Clerk shall thereafter prepare the agenda under the direction of the City AdministratorManager. Whenever feasible each item on the agenda shall contain a staff recommendation and the specific action requested to be taken by the Council. The agenda, together with all reports pertaining thereto, shall be 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 no later than 72 hours prior to the time set for the regular meeting in accordance with California Government Code, Section 54954.2.
Except as otherwise provided in said Section, no matters other than those listed on the agenda shall be finally acted upon by the Council,
B. ORDER OF BUSINESS
At the time set for each regular meeting, the Councilmembers, City Clerk, City AdministratorManager, City Attorney , and such department heads as have been requested to be present, shall take their regular places in the Council Chamber. The MayorPresiding Officer shall call the meeting to order and the business of the Council shall be taken up for consideration and disposition in the order set forth in Section Cbelow, except that with consent of a majority of the Council, items may be taken up out of order.
C.A. AGENDA CONTENTS
1. Invocation:
The Mayor shall provide for an invocation whenever practicable. 1 2
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2. Approval of Minutes:
The Council shall consid er the correction, if ne cessary, 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.
3. Approval of Expenditures:
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 current payroll register and current check register.
4. Public hearings:
The Council shall conduct all public hearings in accordance with the provisions of Section X.
5. Legislative Matters:
The Council shall consider th e introduction and adoption of ordinance and the adoption of resolutions.
The agenda shall contain the title headings and shall normally be conducted in the order and manner as set forth below:
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CALL TO ORDER
ROLL CALL
CLOSED SESSION
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS / PROCLAMATIONS
REPORT OF CLOSED SESSION
PUBLIC COMMENTS
ACCEPTANCE OF THE AGENDA
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ROLL CALL
CLOSED SESSION
ORAL COMMUNICATIONS
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under ITEMS REMOVED FROM THE CONSENT CALENDAR Consent Calendar are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There w ill be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately. Vote may be by roll call.
a. Approval of minutes
b. Approval of warrant resolutions
c. Authorization to call for bids
d. Approval of final tract maps and acceptance of dedications e. Claims against the City
f. Fiscal year budget a ppropriations/adjustments
g. Resolutions of appreciation/proclamations
h. Setting date for public hearing
i. Award of bids/acceptance of proposals/agreements/contracts j. Adoption of ordinances after introduc tion, unless public hearing is required k. Miscellaneous
PUBLIC HEARINGS
RESOLUTIONS
ORDINANCES
a. For adoption, when public hearing is required
b. For introduction
UNFINISHEDGENERAL BUSINESS
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NEW BUSINESS
WRITTEN COMMUNICATIONS
COUNCIL REPORTS
a. Mayor
b. Council
c. City Administrator
DIRECTION RE FUTURE AGENDA ITEMS
ADJOURNMENT
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6. Unfinished Business:
The Council shall consider items of busine ss, requiring minute acti on, previously under consideration at a meeting within one year of th e present meeting and which have been either (a) continued to the present meeting; or (b) tabled or postponed indefinitely and now requested placed on the agenda by a majority of the Council.
7. New Business:
The Council shall consider items of business, requiring minute action, which have not been considered at a meeting of the Council within one year of the present meeting.
8. Communications:
The Council shall receive and consider all wr itten communications an d receive all oral communications from the public. The agenda shall list all written communications requiring Council action including a brief synopsis of the contents thereof. All written and oral communications shall be subject to the provisions of Section IV.
9. Council Requests:
The Council shall receiv e all requests of individual Counc ilmembers for investigation and reports by the City staff, commissions, boards a nd committees regarding any proper matters of municipal business. Said requests sh all be received without the nece ssity of the specific item or 1 2
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request appearing on the agenda; provided however, that no action shall be taken other than referring the matter for an investigation and report.
10. Adjournment:
The meeting shall be adjourned after a motion to adjourn has been made and carried.
C. AGENDA CONTENTS
The agenda shall contain the title headings and shall normally be conducted in the order set forth in Section B above. Following are brief genera l descriptions of certain agenda sections to provide guidance on where particular items of business should be placed on the agenda.
1. Consent Calendar
Items considered ministerial or of a routine nature, including any expenditures of an amount exceeding the City Manager’s Signature Authority set forth in Chapter 2.48 of the Rialto Municipal Code, provided funding has been appropriated and budgeted by City Council, shall be placed on the consent calendar. All items may be approved by one blanket motion upon unanimous consent. Under "Acceptance of the Agenda" the Presiding Office r or any Council Member may request that any item be withdrawn from the consent calendar for separate consideration under the "Items Removed from the Consent Calendar". However, the Presid ing Officer or any Council Member may abstain from voting or vote "no" on any individual consen t calendar item without requesting its removal from the consent calendar, and the City Clerk shall be instructed to record such "no" votes or abstentions on such individual consent calendar it ems in the minutes. Agenda items of a complex nature, items previously remove d, continued, or tabled from the Consent Calendar for additional review or analysis, or agenda items that require deliberation by the City Council with direction given to staff will be considered under General Business.
2. Public Hearings
Items for which a noticed public hearing is required by State or federal law or ordinance of the City of Rialto shall be placed under the Public Hearings agenda heading.
3. General Business
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The general business agenda heading is for all items that require Council action that are not public hearing items or are not included on the consent calendar:
III. PRESIDING OFFICER
A. MAYOR TO PRESIDE
The Mayor shall be the presiding officerPresiding 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 Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Councilm ember present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment.
B. POWERS AND DUTIES OF PRES I D I NGPRESIDING OFFICER
1. Participation:
The Presiding Officer may move, second, deba te, and vote from the Chair. The Presiding Officer shall not be deprived of any of the rights and/or privileges of a Councilmember by reason of holding the position of Presiding Officer.
2. Questions to be stated:
The Presiding Officer or such member of the City Staff as he or she may designate may verbally restate each question immediately prior to calling for the vote. Following the vote the Presiding Officer shall announce whether the questi on carried or was defeat ed. It is within the discretion of the Presiding Officer to publicly expl ain the effect of a vote for the audience, or to direct a member of the City staff to do so, before proceeding to the next item of business.
3. Maintaining Order and Decorum:
The Presiding Officer shall be responsible for the maintenance of order and decorum at all meetings. The Presiding Officer shal l decide all questions of order, subject, however, to an appeal to the Council.
4. Signing of Documents:
The Presiding OfficerExcept as provided below, the Mayor shall sign all ordinances, resolutions, contracts, and other documents necessitating his or hertheir signature and which were 1 2
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adopted in his or hertheir presence, unless the Presiding OfficerMayor is unavailable, in which case an alternate Presiding Officer maythe Mayor Pro Tempore shall sign such documents. Pursuant to Rialto Municipal Code section 2.48.130, the City Council has authorized the City Manager to sign purchase orders and contracts for supplies or services in an amount not to exceed $100,000.
Pursuant to Rialto Municipal Code section 2.24.360, the City Council has also authorized the City Manager to sign contracts and other documents, when such authority is conveyed through an approved motion or order of the Council reflected in the minutes of the meeting or by resolution.
5. Appointment of Committees:
The Mayor may, subject to the advance approval of the Council, appoint such committees of Councilmembers, City staff, and private citizens or a combination thereof as is deemed necessary and expedient to assist and advise the Council in its work.
6. Sworn Testimony:
The Presiding Officer may require any person addressing the City Council to be sworn as a witness and to testify under oath, and the Presiding Officer shall so require if directed to do so by a majority vote of the Council.
IV. ADDRESSING THE COUNCIL
A. WRITTEN CORRESPONDENCE
The City Administrator is authorized to r eceive and open all mail addressed to the City Council and to give it immediate at tention to the end that all administrative business referred to in said communications and not nece ssarily requiring Council action may be disposed of 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 shall be placed upon the agenda for the next regular meet ing together with a report and r ecommendation by the City staff.
All correspondence shall be answered or acknowledged as soon as practicable. 1 2
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B.A. RIGHT TO ADDRESS COUNCIL
Subject toMembers of the provision of Section I V-C, D and E, every taxpayer, resident, or interested person of the Citypublic shall have the absolute right to address the Council duringbefore consideration of items under the following headings of business:
1. Closed Session;
Prior to recessing to closed session, the public shall be provided the opportunity to make public comment on any items on the closed session agenda.
1.2. Public Hearings:
Interested persons or their authorized repr esentatives may address the Council, while a matter is open to public hearing , in regard to remarks or questi ons relevant to the matter under consideration. by oral or writte n communication, re garding remarks or ques tions relevant to the matter under consideration. Due consideration will be given to the due process rights of applicants, supporters and opponents of projects when deter mining the appropriate am ount of time allocated for the public hearing. Generally, public hearings, public hearings, other than those of a quasi- judicial nature for which the City Attorney w ill provide instruction at the meeting, shall be conducted in the following order:
2. Communications:
Taxpayers or residents of the City or their authorized representatives, may address the Council by oral communicat ion on any matter concerning m unicipal business over which the Council has influence or control.
In addition to the absolute ri ght to address the Council durin g consideration of the above item heading of business, any interested person may request permission from the Presiding Officer to address the Council relevant to the subject matter under cons ideration. Such request should, whenever practicable, be made prior to a motion being made on the subject. The granting or denial of such a request by the Presiding Officer may be appealed to the City Council by a member of the Council.
Presentation of the Staff Report
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Initial questions of Staff from Councilmembers.
Open the Public Hearing
Applicant (or Appellant if item is an Appeal) provides presentation (not to exceed 10 minutes unless additional time is provided at the discretion of the Presiding Officer) Public Testimony relevant to the matter (three (3) minutes per speaker) Applicant / Appellant Rebuttal (not to exceed five (5) minutes unless additional time is provided at the discretion of the Presiding Officer depending on number of public speakers and issues raised)
Close the Public Hearing
Additional questions to Staff or Applicant / Appellant from Councilmembers Discussion and Deliberation by Councilmembers
Motion for action by Council and voting.
3. Consent Calendar and General Business Items.
The Brown Act affords members of the public an opportunity to address the City Council by oral or written communicat ion before the City C ouncil acts on the item. There shall be one integrated Public Comment period during the Co uncil meeting for both non- agenda items and for Consent Calendar and General Business Items. Comment on Public Hearing items will be taken as part of the Public Hearing.
a. Comment on Agenda Items: During the Public Comment period, members of the public may address the City Council on those non-public hearing items listed on the agenda. The speaker shall indicate which agenda item or items they wish to address before beginning their comments. Multiple items may be addressed in the speaker’s opportunity but should be fo cused to fit within the limited time provided. The City encourages speake rs to submit longer comments in writing in advance of the meeting so they can be distributed to the Council and considered before the meeting. Questions may be addressed during City Staff’s presentation of the item to Council. General Public Comment: During the Public 1 2
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Comment period members of the public may address the City Council on items that are not listed on the agenda and th at are municipal affairs within the jurisdiction of the City. The Presiding Offi cer may, in the interest of efficiently conducting the business of the City in an orderly and expeditious manner, suspend and carry-over to the end of th e regular meeting the time for general public comments. Pursuant to the Brown Act, the City Council may not discuss or take action upon any item of general public comment that is not otherwise properly listed on the agenda. However, Councilmembers may ask clarifying questions of the speaker, make a brief announcement, make a brief report of their own activities, provide a reference to staff for factual information, or request staff report back to the body on the matter at a subsequent meeting.
C.B. MANNER OF ADDRESSING COUNCIL
Any person desiring to address the Council sh all stand and wait to be recognized by the Presiding Officer, and after being recognized, sha ll proceed to the microphone, be requested (but not required) to state their name and address fo r record, and proceed to 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 me mber of the City staff without first obtaining permission of the Presiding Officer.
D.C. TIME LIMITATION
Every person addressing the Counc il shall limit th eir address to five (5three (3 ) minutes, unless further time is granted by the Presiding Officer, subject to a motion of appeal by a Councilmember which appeal shall be decided by a majority of the Council upon the making and seconding of the motion . When any group of persons wishes to address the Council on the same subject matter, it shall be prope r for the Presiding Officer to re quest the group to designate a spokesperson so as to avoid unnecessary repetition.t o avoid unnecessary repetition, and the representative shall be given six (6) minutes to speak. The Presiding Officer may reduce the time to speak to two (2) minutes when there are numerous speakers. Speakers are not permitted to yield 1 2
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unused time to other speakers. This rule does not apply to Public Hearings which is instead governed by Section IV.A.2 (Public Hearings). Consistent with the Brown Act, any speaker who requires the use of a translator shall be provided with twice the allotted time.
E.D. IMPROPER REMARKS
Any person making any impertinent, sla nderous, or profane remark, who becomes boisterous, or who engages in any other disorderly condu ct that disrupts, di sturbs, or otherwise impedes the orderly conduct of a meeting while a ddressing the Council shall be called to order by the Presiding Officer, who within his or her di scretion may order the pe rson barred from further audience before the Council during that meeting.
V. DEBATE AND DECORUM
A. GETTING THE FLOOR
Every Councilmember desiring to speak shall first address the ChairPresiding Officer, gain recognition by the Presiding Office r, and shall confine himself or herself to the question under debate, avoiding personalities and indecorous language.
B. QUESTIONS TO STAFF
Every Councilmember desiring to question the City staff shall, after recognition by the Presiding Officer, address the question to the City AdministratorManager, the City Clerk, or the City Attorney. In the case of the City AdministratorManager, he or she may designate another member of City staff to respond to the question.
C. INTERRUPTIONS
A Councilmember, once recognized, shall not be interrupted when speaking unless called to order by the Presiding Officer, unl ess a point of order or personal privilege is raised by another Councilmember, or unless the speaker chooses to yield to a question by another 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 order, may proceed. Members of the City staff, after recognition by the Presiding Offi cer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. 1 2
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D. POINTS OF ORDER
The Presiding Officer shall determine all poin ts of order subject to the right of any Councilmember to appeal to the Council. The Presiding Officer may request an opinion of the City Attorney in making such determin ation. If an appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?” Council decision shall conclusively determine such question of order.
E. POINT OF PERSONAL PRIVILEGE
The right of a Councilmember to address the Counc il on a question of personal privilege shall be limited to cases in which the integrity , character or motives of the Councilmember are questioned, or where the welfare of the Council is concerned. A Councilmember raising a point of personal privilege may interrupt another Councilm ember who has the floor, subject only to the power of the Presiding Officer to call him or her out of order.
F. REMARKS OF COUNCILMEMBERS AND SYNOPSIS OF DEBATE
Any Councilmember shall have the right of havi ng an abstract of their statement and/or synopsis of the debate on any subject under cons ideration by the Council entered in the minutes.
Such right shall be exercised by specific direction to the City Clerk at the Council meeting.
G. DECORUM AND ORDER, COUNCIL AND CITY STAFF
While the Council is in session, the Councilmembers and City Staff shall preserve order and decorum. A Councilmember shall neither by conversation or othe rwise delay or interrupt the proceedings or the peace of the Council nor disturb any member wh ile speaking or refuse to obey the directives of the Presiding Officer.
H. DECORUM AND ORDER, AUDIENCE
Public members attending Counc il meetings shall observe th e same rules of order and decorum applicable to the Counc il and staff. Any person making an impertinent, slanderous, or profane remark, who becomes boisterous, or who engages in any other di sorderly conduct that disrupts, disturbs, or otherwis e impedes orderly conduct while addressing the Council or while attending the Council meeting may be removed from the room, if the sergeant-at-arms is so directed 1 2
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by the Presiding Officer, and such person may be barred from further audience before the Council during that meeting. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations that disr upt, disturb, or otherwise impede orderly conduct shall not be permitted by the Presiding Officer, who within his or her discretion may direct the sergeant-at-arms to remove such offenders from the room. Aggravated cases shal l be prosecuted on appropriate complaint signed by the Presiding Officer or a member of the Council.
I. OF DECORUM
I. ENFORCEMENT
The Chief of Police , or such member of the Police Department as the Chief may designate, shall be Sergeant-at-Arms of the City Council a nd shall attend meetings at the request of the Presiding Officer, City AdministratorManager, or City Council. The Sergeant-at-Arms shall be available to respond to all meetings immediately upon call, and shall carry out all orders given by the Presiding Officer or Council for the purpos e of maintaining order an d decorum at the Council meetings. Any Councilmember may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Councilmembers present shall require him or her to do so.
J. FAILURE TO OBSERVE RULES OF ORDER
Rules adopted to expedite the transaction of the business of the Council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the Council or inva lidate any action taken at a meeti ng that is otherwise held in conformity with law,
VI. MOTIONS
A. PRESENTATION OF MOTIONS
A motion is the formal statement of a proposal or question to the Council for consideration and action. Every Councilmember has the right to present a motion.
B. SECOND REQUIRED
A second to a motion is required.
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C. PRECEDENCE OF MOTIONS
C. When a main motion is before PARLIAMENTARY PROCUDRE
For the purpose of conducting City Council, no motion shall be entertained.
1. The and Commission meetings, the City will following exceptions shall have precedence, one over the other, in Rosenberg’s Rules of Parliamentary Procedure (“Rules”) as may be amended from time to time. These Rules shall be for the following order:
(a) Adjourn
(b) Recess
(c) Postpone temporarily or definitely (table)
(d) Limit or extend debate
(e) Refer to committee or staff
(f) Amend
(g) Postpone indefinitely
2. The above order of preference is subjectgeneral guidance of the City Council and its Commissions and strict adherence to the following restrictions:
(a) A motion shall not be repeated without intervening business or discussion.
(b) A motionthem shall not be in order when required, nor shall failure to strictly adhere to the previous questions has been ordered. (c) A motion shall not be in order while a vote is being taken.
D. PARTICULAR MOTIONS, PURPOSE AND CRITERIA
The purpose and salient criteriaRules invalidate an action of the above listed motions are as follows:
1. Motion to Adjourn
(a) Purpose: To terminate a meeting.
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(b) A motion to adjourn is not debatabl e or amendable, except that a motion to adjourn to another time is debatable and amendable as to the time to which the meeting is to be adjourned.
2. Motion to Recess
(a) Purpose: To permit an interlude in the meeting and to set a definite time for continuing the meeting.
(b) A motion to recess is debatable and amendable, but any such 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 motion, provided that it may be taken up again for consider ation during the current meting or at the next regular meeting. It is also referred as a motion to table.
4. Motion for Previous Question
(a) Purpose: To prevent or stop di scussion on the pending question or questions and to bring such question or questions to vote immediately.
If the motion fails, discussion sha ll continue. If the motion passes, a vote shall be taken on the pending motion or motions.
(b) A motion for the previous question is not debatable or amendable.
5. Motion to Limit or Extend Debate
(a) 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.
(b) A motion to limit or extend debate is not debatable, but is amendable solely as to the period of time of the proposed limit or extension.
6. Motion to Refer to Committee or Staff
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Purpose: To refer the question before the Council to a committee or to the City staff for the purpose of investigating or studying the propos al and to make a report back to theCity Council. If the motion fails, discussion or vote on the question resumes. or Commission. (a) A motion to refer to committee or staff is both debatable and amendable.
7. Motion to Amend
(a) Purpose: To modify or change a mo tion that is being considered by the 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.
(b) A motion to amend is debatable unless applied to an undebatable main motion. A motion to amend is amendable.
8. Motion to Postpone Indefinitely
(a) Purpose: To prevent further discussion and voting on the main motion.
(b) If the motion fails, discussion and voting on the main motion resumes.
If the motion passes, the subject of the main motion shall not be brought up again for the remainder of the meeting.
9. Main Motion
(a) Purpose: The primary proposal or question before the Council for discussion and decision.
(b) The main motion is both debatable and amendable.
VII. VOTING
A. VOTING PROCEDURE
When any motion is in order for the question, a vote thereon shall be taken by voice or roll call and entered in full upon the record. Motions may be passed by a simple majority of the members 1 2
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present at a properly quorumed meeting with a proper quorum (2 votes sufficient if only 3 members present); provided, however, that the following matters shall always require three affirmative votes, except as otherwise required by law:
1. Adoption of Ordinances;
2. Adoption of Resolutions; and
3. Orders for payment of money.
A roll call vote shall be used for the above enactments. All other motions shall not require a roll call vote unless demanded by a Councilmember before the negative has been put. It shall not be in order for members to explain their vote during the roll call.
B. CHANGE OF VOTE
A member may change his or her own vote onl y if a timely request to do so is made immediately following the announcement of the vote and prior to the time that the next item in the order of business is taken up. A Councilmember who publicly announces that he or she is abstaining from voting on a particular matter subject to a public hearing may not subsequently withdraw his or her abstention.
C. TOTIE VOTE
Every member should vote unless disqualified for cause accepted by vote of the Council or by opinion of the City Attorney. Self-disqualification, without approval, which results in a tie vote shall be avoided as thwarting Council action„ but any Councilmember who abstains shall in effect consent to the action taken by the majority. Tie votes shall be lost motions and may be reconsidered.
D. CONFLICT OF INTEREST
Any Councilmember who has a direct personal financial interest in any matter coming before the City Council shall disclose said interest and shall disqualify himself or herself from 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 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 1 2
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consent calendar, may not remain in his/her seat during the debate and vote on the matter, but shall request and be given the permission of the Presiding Officer to step down from the council table and leave the Council Chamber. A Councilmember stating disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of a vote on the matter.
E.D. RECONSIDERATION AND RESCISSION OF PRIOR ACTION
After motion and vote by the Council, such action may be reconsidered or rescinded only in the following manner:
1. Reconsideration.
Aby a motion to set aside or reconsider a vote on a main motion . A motion to reconsider shall always be in order at the same meeting. The motion to reconsider is amendable and debatable.
Such motion can be made by any Councilmember regardless of how that member previously voted on the matter. If the motion to reconsider passes, the effect thereof is to overrule and cancel the prior action.
2. Rescission.
A motion to rescind (repeal, cancel, nullify) prior Council action on a main motion shall be in order at any meeting of the Council. The effect of rescindi ng prior 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 which create an estoppel situation.
3.1. Lost Motions,
A lost motion is one that fails to receive th e necessary number of votes to carry. Tie votes result in lost motion. Lost motions may be renewed at any subsequent Council meeting. To revive a lost motion at the same meet ing, the proper action issubject of a motion to reconsider, discussed as provided above.
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VIII. MINUTES
A. PREPARATION OF MINUTES
The minutes shall consist of a clear and concise statement of each and every Council action, including the motions made and the vote thereon. Reasons for making a motion or voting, Council debate, and audience reaction are generally irrelevant for purposes of the minutes. Such items may be included if considered to be particularly relevant or otherwise necessary, by the City Clerk in the first instance and by the Council in the final Instanceinstance. 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 action of the City Council.
B. MINUTES OF HEARINGS
Whenever the Council acts in a quasi-judicial proceeding, such as hearings as defined in Section X, the minutes shall contain a synopsis of all evidence considered in the hearing, including statements of persons addressing the Council.
C. READING OF MINUTES
Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each Councilmember with a copy.
IX. ORDINANCES, RESOLUTIONS, AND CONTRACTS
A. PREPARATION OF ORDINANCES, RESOLUTIONS, AND CONTRACTS
1. Ordinances
All ordinances shall be framed by the City At torney and shall be presented to the Council only when ordered by the Mayor or any member of the Council, requested by the City Administrator, or initiated and prepared by the City Attorney.
2. Resolutions
It shall be considered best pr actice to have all resolutions prepared by the City Attorney.
However, resolutions may be prepared for submission by any individual, group or organization. In 1 2
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matters of urgency, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution.
3. Contracts
All contracts shall be prepared or approved by the City Attorney and shall be presented to Council only when ordered by the Council, or submitted by the Mayor, City Administrator, or City Attorney.
B. PRIOR APPROVAL BY ADMINISTRATIVE STAFF
All ordinances, resolutions, and contract documents shall before presentation to the Council, have been approved as to form and legality by the City Attorney and shall have been examined and approved for administration by the City Administrator or such authorized, representative as the latter may designate, where there are substantive matters of administration involved.
C. ENACTMENT OF ORDINANCES
1. Introduction
Ordinances shall be introduced for first r eading by motion. When ordinances, other than urgency ordinances, are altered after introduction, they shall be reintroduced for a new first reading.
Corrections or typographical or clerical errors shall not be considered alterations.
2. Adoption
Ordinances shall be adopted (second reading) by motion and roll call vote. Ordinances shall not be adopted within five (5) days of their in troduction, nor at other than a regular or adjourned regular meeting.
3. Reading
Except when, after reading the title, further reading is waived by regular motion adopted by majority vote of the Councilmembers present, all or dinances shall be read in full either at the time of introduction or passage.
4. Urgency Ordinance
An urgency ordinance is an ordinance for th e immediate preservation of the public peace, health or safety of the City. It may be passed immediately upon introduction and either at a regular 1 2
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or special meeting. It must declare the facts cons tituting the urgency and it shall be passed by four affirmative votes.
5. Publication
Within 15 days after its adoption, the City Cler k shall cause each ordinance, or a synopsis thereof, to be published at least once in a newspape r of general circulation circulated in the city, except that when a synopsis is published, it shall be published twice.
6. Effective Date
An ordinance takes effect 30 days after it s adoption, except for th e following ordinances which shall take effect immediately upon adoption:
(a) Relating to an election;
(b) For the immediate preservation of th e public peace, health or safety, containing a declaration of the fact s constituting the urgency, and is passed by a four-fifths vote of the City Council;
(c) Relating to street improvement proceedings;
(d) Relating to taxes for the usual and current expenses of the City; or (e) Covered by particular provisions of law prescribing the manner of its passage and adoption.
D. ADOPTION OF RESOLUTIONS
Resolutions may be adopted by motion on the date they are first presented to the Council. It is not required that resolutions be read, either in full or by title only.
X.IX. HEARINGS
A. APPLICATIONS AND DEFINITION
The following procedural rules shall apply to a ll hearings before the City Council. As used herein, the term "hearing" shall include all public hearings required by state law or proceedings for the revocation, suspension or reinstatement of permits, licenses and franchisesthe Rialto Municipal Code.
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B. RIGHTS OF INTERESTED PERSONS
On the date and at the time an d place designated in the notice, the Council shall afford any interested person or their authorized representative, or both, the opportunity to present documentary evidence, to present statements, arguments, or cont entions orally and/or in writing, subject to the rules on ADDRESSING THE COUNCIL and DECORUM sated above and the rules hereinafter stated.
The Presiding Officer shall first ask the City AdministratorManager, or other staff members if so designated by the City AdministratorManager, to explainpresent the item which is the subject of the hearingstaff report. Thereafter the Presiding Officer shall invite the applicant, if any, to make a presentation to the Council. Following this, members of the public shall be invited to speak on the item.
Anyone wishing to speak shall be requested, bu t not required, to comp lete an appearance card and present it to the City Clerk before speaking. On the card, the individual may record his or her name and address and indicate that she or she wants to speak at the public hearing (vis-a-vis the "Oral Communications" sec tion of the agenda).. On the appearance card the individual shallmay note whether he or she will be speaking "for" or "against" the item. The Presiding Officer shall call first all of those wishing to speak "for" the item in the order that their cards were received. Then the Presiding Officer shall call those wishing to speak "against" the item in the order that their cards were received. Finally, the applicant shall be offered the opportunity for rebuttal. All comments will be limited to five (5) minutes durationAll comments will generally be set by the Presiding Officer, except that the applicant, or their designated representative, shall not be subject to this time limitation in their initial presentation or rebuttal, or where the City Attorney states that the demands of due process require that additional time be provided to speaker. 1 2
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C. PRESENTATION OF EVIDENCE
1. Oral Evidence
All oral statements which are relevant to the subject matter of the hearing may be considered by the Council. Oral evidence may be taken on oath or affirmation, at the request of any interested party or their authorized representative.
2. Exhibits and Documents
Exhibits and documents used by the city staff and any persons participating in the hearing may be considered as evidence.
3. Communication 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 had at the request of any Councilmember. All such co mmunications and petitions may be considered as evidence by the Council.
4. Staff Reports
Whenever practicable, a written staff report sh all be prepared and verbally summarized as part of the staff presentation. Said report shall be considered as evidence.
5. 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.
6. 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 reply in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make imp roper the admission of such evidence in civil actions. Hearsay evidence may be used for th e purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a decision unless it would be admissible over 1 2
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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 hearin g, and irrelevant and unduly repetitious evidence shall be excluded.
D.C. EVIDENCE OBTAINED OUTSIDE THE HEARING
Any evidence takenobtained outside of the council chamberspublic hearing, such as field trips, views of the premisessite visits and discussions with individuals, shall not be considered by the Council in reaching its decision except under the following circumstances:
1. 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
2. With the consent, either written or oral, of all interested persons, or their authorized representatives, appearing at the hearing; individual Councilmembers may take visual or demonstrative evidence outside the council chambers, provided, that the hearing shall be continued to a date and time certain and upon reconvening in chambers, each Councilmember shall orally report their observations of such outside evidence taken, and said Councilmember shall be subject to examination thereon by any interested person or their authorized representative.
3. All outside discussions between Councilmembers and individuals relating to the subject matter of the hearing shall be publicly disclosed.
E. CONTINUANCES
Any hearing being held, or noticed or orde red to be held by the Council may, by minute action, be continued to any subsequent regular or adjourned meeting of the Council, provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order on notice of hearing, a copy of the order or notice of continuance shall be posted outside the council chambers forthwith following the m eeting at which the order of cont inuance was made by Councilmembers at the beginning of the public hearing.
Section 3. The City Clerk shall certify to the adoption of this Resolution.
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PASSED, APPROVED AND ADOPTED this _____ day of ___, 20152022.
Deborah Robertson, Mayor, City of Rialto
ATTEST:
Barbara A. McGee, City Clerk
APPROVED AS TO FORM:
Fred GalanteEric S. Vail, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF RIALTO )
I, Barbara A. McGee, City Clerk of the City of Rialto, DO HEREBY CERTIFY that he foregoing Resolution No. ____ wa s duly passed and adopted at a regular meeting of the City Council of the city of Rialto held on the ___ day of ____, 20152022.
Upon motion of __________, seconded by ______, the foregoing Resolution No. ____ was duly passed and adopted.
VOTE ON THE MOTION
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto se t my hand and the Official Seal o the City of Rialto this ____ day of ____, 20152022.
Barbara A. McGee, City Clerk