Attach A - 6-28-22 Staff Report.pdf — Rialto City Council, July 12, 2022

City of Rialto
Legislation Details (With Text)
File #: Version: 122-596 Name:

Status:Type: Resolution Agenda Ready
File created: In control:6/21/2022 City Council
On agenda: Final action:6/28/2022
Title: Request City Council to Adopt Resolution No.7934 Adopting Updated Rules and Procedures for the Conduct of City Council Meetings.
(ACTION)
Sponsors:

Indexes:

Code sections:

Attachments: 1. Attach 1 - Reso 6773.pdf, 2. Attach 2 - Legislative Draft.pdf, 3. Resolution - Final.pdf, 4. Attach 4 - Rosenbergs Rules.pdf
Action ByDate Action ResultVer.

For City Council Meeting June 28, 2022
TO: Honorable Mayor and City Council
APPROVAL: Marcus Fuller, City Manager
FROM: Marcus Fuller, City Manager
Barbara A. McGee, City Clerk
Eric Vail, City Attorney
Request City Council to Adopt Resolution No.7934 Adopting Updated Rules and Procedures for the Conduct of City Council Meetings.
(ACTION)

BACKGROUND
The City Council previously established Rules and Procedures for the conduct of the City Council Meetings which were most recently adopted by Resolution No. 6773 on June 23, 2015. A copy of Resolution No. 6773 is included as Attachment 1. This last Resolution superseded and replaced the rules and procedures originally adopted by Resolution No. 3383 on March 21, 1989, as later amended by Resolution No’s. 3949, 4204, 5791 and 6301.

Periodically, it is necessary to review these rules and procedures to ensure conformance to current laws and regulations, or to modify the manner of conducting public meetings as the City Council may desire.

ANALYSIS/DISCUSSION
The City Council has given general direction to the City Manager to update the rules and procedures last adopted in 2015, and desires to adopt updated rules and procedures for the conduct of City Council meetings as identified in the proposed Resolution. A summary of the substantive changes of the Sections identified in the Rules and Procedures are provided herein. A copy of a legislative draft City of Rialto Printed on 7/1/2022Page 1 of 6
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the Sections identified in the Rules and Procedures are provided herein. A copy of a legislative draft (redline) showing all changes to the current Rules and Procedures is provided as Attachment 2, and a copy of the proposed Resolution for adoption is included as Attachment 3.

Section I (Meetings)
The scheduling of adjourned or special meetings, attendance and quorum now refer to the applicable Government Code sections rather than restating state law.

Section II (Agenda)
Order of Business (Agenda Contents) has been revised to reflect the following order:
· Call to Order
· Roll Call
· Closed Session
· Pledge of Allegiance
· Invocation
· Presentations/Proclamations
· Report of Closed Session
· Public Comments
· Acceptance of the Agenda
· Consent Calendar
· Public Hearings
· General Business
· Council Reports
· Direction regarding Future Agenda Items
· Adjournment
Consent Calendar
The prior Resolutions adopting the rules and procedures did not specifically establish a limit on the dollar value of an item that can or cannot be included on the Consent Calendar; however, past practice has limited the dollar value of an item that can be included for approval on the Consent Calendar at $50,000.

On October 12, 2021, the City Council adopted Ordinance No. 1662 updating the City’sPurchasing Ordinance and increased the City Manager’s signature authority to $100,000. The rules and procedures of many cities allow for all the ministerial and routine action items involving approval of contracts, purchase orders, and agreements to be approved in omnibus fashion on a consent calendar. Customary practice is also to allow approval by action on a consent calendar contracts and purchases of any amount provided the item is funded with budget previously appropriated by the City Council. This practice reserves for separate discussion under “General Business” the action items requiring careful deliberation and policy direction given by the City Council.

The City Manager is recommending that the updated rules and procedures allow that the Consent Calendar include all ministerial type items of any contract or purchase amount, with no specific limiting dollar amount. Specifically, items that involve approval of contracts or purchases of any amount may be included on the Consent Calendar provided funds are budgeted and appropriated for City of Rialto Printed on 7/1/2022Page 2 of 6
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amount may be included on the Consent Calendar provided funds are budgeted and appropriated for by the City Council.

The Order of Business allows for public comments prior to the City Council’s acceptance of the agenda. To the extent that a member of the public has comments or concerns on an item included on the Consent Calendar, this will allow for a Council Member to request that item to be pulled from the Consent Calendar for separate discussion and action at the time the agenda is accepted by Council.

The Council also has full discretion to pull for separate discussion and action any or all items listed on the Consent Calendar.

The proposed Resolution provides the following guidance regarding items included in the 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 Officer 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 Presiding Officer or any Council Member may abstain from voting or vote "no" on any individual consent 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 items in the minutes. Agenda items of a complex nature, items previously removed, 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.

Section III (Presiding Officer)
This section defines the Mayor as the “PresidingOfficer,”or in the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both, the City Clerk will call to order the meeting, and a temporary Presiding Officer will be elected by the Council Members present. This definition is not changing.

Signing of Documents now refers to the Rialto Municipal Code section 2.48.130 in that the Council may delegate with any action approved by Council the execution of all documents by the City Manager. This follows the Council’sprior adoption of Ordinance No. 1592 in 2017 that amended a section of the prior Purchasing Ordinance (RMC 2.48.072) that expressly authorized the City Manager to execute various types of contracts, including all contracts approved by Resolution or Minute Order by the City Council.

Section IV (Addressing the Council)
Closed Session Communication
The rules and procedures were updated to include reference to fact that members of the public can City of Rialto Printed on 7/1/2022Page 3 of 6
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The rules and procedures were updated to include reference to fact that members of the public can make public comment prior to the Closed Session on any items listed on that agenda.

Public Hearings
This section has been expanded to provide clear guidance on the conduct of public hearings. It is being recommended that the City’sprior practice of allowing five (5) minutes per public speaker be reduced to three (3) minutes consistent with the practice at many local agencies and cities. The following Table provides a listing of the public speaking time allowed by various area cities.

City Time Allowed to Speak
Chino 5 minutes
Colton 3 minutes
Fontana 3 minutes
Grand Terrace 3 minutes
Highland 3 minutes
Ontario 3 minutes (total not to exceed 30 min.)
Rancho Cucamonga 5 minutes (total not to exceed 60 min.) Redlands 3 minutes
San Bernardino 3 minutes (total not to exceed 60 min.)
Upland 5 minutes (Public Hearings) 3 minutes (All
other items)
Yucaipa 3 minutes
As shown, of the 11 sampled cities, 8 cities allow for 3 minutes maximum during Public Hearings.

It is further recommended that the applicant (or appellant for appeals) be provided up to ten (10) minutes for a presentation (or additional time at discretion of Presiding Officer), with a rebuttal allowed up to five (5) minutes (or additional time at discretion of Presiding Officer).

The Rules and Procedures also ensure for legal due process, in that the City Attorney can determine that the demands of due process require that additional time be provided to the public speaker(s).

This clause is found in Section IX (Hearings) in subsection B (Rights of Interested Persons).

General Public Comments
It is recommended that the City’sprior practice of allowing five (5) minutes per public speaker on each individual “TabItem”(General Business) be revised to be consistent with the customary practice of many local agencies and cities. The proposed Resolution would allow for one public comment session following fallowing the City Attorney’s report of Closed Session and the City Council’s acceptance of the agenda. In this public comment session, each member of the public will be provided up to three (3) minutes to speak on any and/or all items on the agenda (excluding Public Hearing items), or, on any item not listed on the agenda that are municipal affairs within the City of Rialto Printed on 7/1/2022Page 4 of 6
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Hearing items), or, on any item not listed on the agenda that are municipal affairs within the jurisdiction of the City. The Table above lists the amount of public speaking time allowed by various area cities (noting that for Upland the time limit is three (3) minutes for items other than Public Hearings).

Consistent with the practice followed by many local agencies and cities, additional time will be allowed for public speakers requiring translation services, and in cases where there are numerous speakers on the same topic, the time limit may be reduced to two (2) minutes.

As shown in the Table, of the 11 sampled cities, 9 cities allow for 3 minutes maximum during public comments on non-Public Hearing items.

Section V (Debate and Decorum)
No substantive changes.

Section VI (Motions)
Section C (Precedence of Motions) and Section D (Particular Motions, Purpose and Criteria), of the current Rules and Procedures is being eliminated and revised to “Parliamentary Procedure” with reference given to the manner of making motions to the Rosenberg’s Rules of Parliamentary Procedures (the “Rules”), included asAttachment 4.

Section VII (Voting)
Section D (Conflict of Interest) is being deleted as this policy is now codified in Rialto Municipal Code section 2.48.450 and all parties having a proposed contract or agreement with the City are required to submit disclosure notices in accordance with Rialto Municipal Code section 2.48.510. Further, it is important to ensure compliance with current FPPC regulations and not have any conflicting guidance given in the Council’s Rules and Procedures.

Section E (Reconsideration and Rescission of Prior Action) is being revised to eliminate reference to rescission.

Section VIII (Minutes)
No substantive changes.

Section IX (Ordinances, Resolutions, and Contracts)
The City Attorney has recommended this section be deleted as these procedures are adequately covered by statute in the Government Code.

Section X (Hearings)
Section B (Rights of Interested Persons) has been revised to eliminate reference to time limit for public speakers as that subject is covered elsewhere, and due process rights have been City of Rialto Printed on 7/1/2022Page 5 of 6
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public speakers as that subject is covered elsewhere, and due process rights have been emphasized.

Section C (Presentation of Evidence) and Section D Evidence Outside the Hearing”has been revised into one Section C “Evidence Obtained Outside the Hearing.” The proposed Resolution will supersede Resolution No. 6773 setting forth new Rules and Procedures for the conduct of meetings of the City Council.

ENVIRONMENTAL IMPACT
The proposed action does not meet the definition of a project as defined by Section 15378 California Environmental Quality Act (CEQA). A “Project”means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and excludes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

GENERAL PLAN CONSISTENCY
The request is consistent with Guiding Principle 3A of the Rialto General Plan: our city government will lead by example, and will operate in an open, transparent, and responsive manner that will meet the needs of the citizens and is a good place to do business.

LEGAL REVIEW
The City Attorney has reviewed and recommends approval of this staff report and Resolution.

FINANCIAL IMPACT
Operating Budget Impact
There is no fiscal impact associated with the recommended action

RECOMMENDATION
Staff recommends the City Council adopt the Resolution adopting Updated Rules and Procedures for the Conduct of City Council Meetings.

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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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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:

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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:
* * *

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
* * *

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.

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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.

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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.

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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

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RESOLUTION NO ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIALTO, STATE OF CALIFORNIA, ADOPTING UPDATED

RULES AND PROCEDURES FOR THE CONDUCT OF CITY
COUNCIL MEETINGS.

WHEREAS, the City Council previously established rules and procedures for the conduct of City Council meetings which were adopted by Resolution No. 6773 on June 23, 2015, superseded and replaced the rules and procedures originally adopted in Resolution No. 3383 on March 21, 1989, as previously amended by Resolution Nos. 3949, 4202, 5791, and 6301; and WHEREAS, the City Council desires to adopt updated rules and procedures for the conduct of meetings by means of this resolution.

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 No . 6773 and replaces and supersedes it with this Resolution setting forth the rules and procedures for the conduct of meetings of the City Council.

Section 2. The rules and procedures for the conduct 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 Presiding Officer or, if he or she fails to act, by four members of the City Council.

B. ADJOURNED MEETINGS
Any meeting may be adjourned to a time, place, and date ce rtain as provided for in Government Code section 54955.

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C. SPECIAL MEETINGS
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, special , and emergency meetings of the City Council shall be open and public, provided however, the City Council 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 Manager and the City Attorney shall be present during closed sessions.

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 attended, the office of said Councilmember beco mes vacant, as provided for in Government Code section 36513, and shall be filled as any other vacancy.

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II. AGENDA
A. PREPARATION OF THE AGENDA
An agenda shall be prepared for each regular meeting containing t he specific items of business to be transacted and the order thereof. Items of business may be placed on the agenda by any Councilmember, the City Manager, or the City Attorney . Agenda items shall be delivered to the City Manager 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 Manager shall deliver the items to the City Clerk . The Clerk shall thereafter prepare the agenda under th e direction of the City Manager. 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 th e 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 Cali fornia 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 Councilmembe rs, City Clerk, City Manager, City Attorney, and such department heads as have been requested to be present, shall take their regular places in the Council Chamber. The Presiding 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 below, except that with consent of a majority of the Council, items may be taken up out of order. * * *

CALL TO ORDER

ROLL CALL

CLOSED SESSION

PLEDGE OF ALLEGIANCE

INVOCATION
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PRESENTATIONS / PROCLAMATIONS

REPORT OF CLOSED SESSION

PUBLIC COMMENTS

ACCEPTANCE OF THE AGENDA

CONSENT CALENDAR

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARINGS

GENERAL BUSINESS

COUNCIL REPORTS

DIRECTION RE FUTURE AGENDA ITEMS

ADJOURNMENT
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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 general 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 Officer or any Council Memb er may request that any item be withdrawn from the consent calendar for separate consideration under the "Items Removed from the Consent Calendar". However, the Presiding Officer or any Council Member may abstain from voting or vote "no" on any individual consent 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 items in the minutes. Agenda items of a complex 1 2
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nature, items previously removed, 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
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 Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore s hall 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 Councilme mber present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment.

B. POWERS AND DUTIES OF PRESIDING OFFICER

1. Participation:

The Presiding Officer may move, second, debate, and vote from the Chair. The Presiding Officer shall not be deprived of any of the rights and/or privileges of a Councilmem ber 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 th e vote the Presiding Officer shall announce whether the question carried or was defeated. It is within the discretion of the Presiding Officer to publicly explain 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. 1 2
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3. Maintaining Order and Decorum:

The Presiding Officer shall be responsible for the maintenance of order and decorum at all meetings. The Presiding Officer shall decide all questions of order , subject, however, to an appeal to the Council.

4. Signing of Documents:

Except as provided below, t he Mayor shall sign all ordinances, resolutions, contracts, and other documents necessitating their signature and which were adopted in their presence, unless the Mayor is unavailable, in which case the Mayor Pro Tempore shall sign such documents. Pursuant to Rialto Municipal Code section 2.48.130, t he 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 contract s 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.

IV. ADDRESSING THE COUNCIL
A. RIGHT TO ADDRESS COUNCIL
Members of the public shall have the right to address the Council before 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.

2. Public Hearings:

Interested persons or their authorized representatives may address the Council, while a matter is open to public hearing by oral or written communication, regarding remarks or questions 1 2
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relevant to the matter under consideration. Due consideration will be given to the due process rights of applicants, supporters and opponents of projects when determining the appropriate amount 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 will provide instruction at the meeting, shall be conducted in the following order:
 Presentation of the Staff Report
 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.

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address before beginning their comments. Multiple items may be addressed in the speaker’s opportunity but should be focused to fit within the limited time provided. The City encourages speakers 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.
b. General Public Comment : During the Public Comment period members of the public may address the City Council on items that are not listed on the agenda and that are municipal affairs within the jurisdiction of the City . The Presiding Officer 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 the regular meeting the time for general public comments. Pursuant to the Brown Act, the City Council may n ot 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 questio ns 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.

B. MANNER OF ADDRESSING COUNCIL
Any person desiring to address the Council shall stand and wait to be recognized by th e Presiding Officer, and after being recognized, shall proceed to the microphone, be requested (but not required) to state their name and address for 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 member of the City staff without first obtaining permission of the Presiding Officer.
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C. TIME LIMITATION
Every person addressing the Council shall limit their address to three (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 w ishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request the group to designate a spokesperson to 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 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.

D. IMPROPER REMARKS
Any person who becomes 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 called to order by the Presiding Officer, who within his or her discretion may order the person 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 Presiding Officer , gain recognition by the Presiding Officer, 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 Manager, the City Clerk, or the City Attorney. In the case of the City Manager, he or she may designate another member of City staff to respond to the question.
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C. INTERRUPTIONS
A Councilmember, once recognized, shall not be interrupted when speaking unless called to order by the Presiding Officer, unless a point of order or personal privilege is raised by another 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 Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

D. POINTS OF ORDER
The Presiding Officer shall determine all points of order subject to the right of any 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, "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 C ouncilmember to address the Council 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 Councilmember 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 o f having an abstract of their statement and/or synopsis of the debate on any subject under consideration 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 otherwise delay or interrupt the 1 2
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proceedings or the peace of the Council nor distu rb any member while speaking or refuse to obey the directives of the Presiding Officer.

H. DECORUM AND ORDER, AUDIENCE
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 room, if the sergeant-at-arms is so directed 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 disrupt, 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 shall be prosecuted on appropriate complaint signed by the Presiding Officer or a member of the Council.

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 Counci l and shall attend meetings at the request of the Presiding Officer, City Manager , 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 purpose of maintaining order and 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 st rictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law,
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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.

C. PARLIAMENTARY PROCUDRE
For the purpose of conducting City Counc il and Commission meetings, the City will following Rosenberg’s Rules of Parliamentary Procedure (“Rules” ) as may be amended from time to time. These Rules shall be for the general guidance of the City Council and its Commissions and strict adherence to them shall not be required, nor shall fail ure to strictly adhere to the Rules invalidate an action of the City Council or Commission.

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 present at 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.

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B. CHANGE OF VOTE
A member may change his or her own vote only 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. TIE 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 act ion„ 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. RECONSIDERATION OF PRIOR ACTION
After motion and vote by the Council, such action may be reconside red by 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 th at member previously voted on the matter. If the motion to reconsider passes, the effect thereof is to overrule and cancel the prior action.

1. Lost Motions,
A lost motion is one that fails to receive the necessary number of votes to carry. Tie votes result in lost motion. Lost motions may be subject of a motion to reconsider as provided above.

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 instance. The City Clerk shall have exclusive 1 2
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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.

IX. HEARINGS
A. APPLICATIONS AND DEFINITION
The following procedural rules shall apply to all hearings before the City Council. As used herein, the term "hearing" shall include all public hearings required by state law or the Rialto Municipal Code.

B. RIGHTS OF INTERESTED PERSONS
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 present documentary evidence, to presen t statements, arguments, or contentions 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 Manager , or other staff members if so designated by the City Manager, to present the staff 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.

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her name and address and indicate that she or she wants to speak at the publi c hearing. On the appearance card the individual may 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 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.

C. EVIDENCE OBTAINED OUTSIDE THE HEARING
Any evidence obtained outside of the public hearing, such as site visits and discussions with individuals, shall be publicly disclosed 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 ___, 2022.

Deborah Robertson, Mayor, City of Rialto

ATTEST:

Barbara A. McGee, City Clerk

APPROVED AS TO FORM:

Eric 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. ____ was duly passed and adopted at a regular meeting of the City Council of the city of Rialto held on the ___ day of ____, 2022.

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 set my hand and the Official Seal o the City of Rialto this ____ day of ____, 2022.

Barbara A. McGee, City Clerk

Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg

ii
MISSION and CORE BELIEFS
T o expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

VISION
T o be recognized and respected as the leading advocate for the common interests of California’s cities.

About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.

The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.

About the Author
Dave Rosenberg is a Superior Court Judge in Y olo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Y olo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Y olo-Solano Air Quality Management District, the Y olo County Economic Development Commission, and the Y olo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
1 Table of Contents
About the Author ............................................................................................................ii Introduction ....................................................................................................................2 Establishing a Quorum ...................................................................................................2 The Role of the Chair ......................................................................................................2 The Basic Format for an Agenda Item Discussion ........................................................2 Motions in General .........................................................................................................3 The Three Basic Motions ................................................................................................3 Multiple Motions Before the Body .................................................................................4 T o Debate or Not to Debate ............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes ................................................................................................................5 The Motion to Reconsider ..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input ..................................................................................7 2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.

A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.

When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.

The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.

The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.

Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. T o the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.

The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.

Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:

Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.

Hence, the birth of Rosenberg’s Rules of Order.

What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.

This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:

1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.

2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.

3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.

4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain. ” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.

T enth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body. ”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.

Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings. ”
The chair usually initiates the motion in one of three ways:

1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order. ”

2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings. ”

3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.

The Three Basic Motions
There are three motions that are the most common and recur often at meetings:

The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser. ”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.

Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.

Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.

Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.

If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).

Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.

Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.

Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.

This is done in one of three ways:

1. The chair can ask the maker of the motion to repeat it;

2. The chair can repeat the motion; or

3. The chair can ask the secretary or the clerk of the body to repeat the motion.

Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.

Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.

Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.

T o Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.

There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):

Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.

Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.

Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight. ” It requires a simple majority vote.

The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee. ” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.

The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year. ”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.

A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend, ” but the chair determines that it is really a “substitute motion, ” then the chair’s designation governs.

A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion. ” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.

Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.

The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.

When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser. ” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser. ” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year. ” The proper procedure would be as follows:
5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.

Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.

Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.

Counting Votes
The matter of counting votes starts simple, but can become complicated.

Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.

If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.

What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.

Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.

In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold. ” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October. ” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.

Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question. ” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.

However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.

When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote. ” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.

Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes. ” Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.

Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.

All motions require a simple majority, but there are a few exceptions.

The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:

Motion to limit debate. Whether a member says, “I move the previous question, ” or “I move the question, ” or “I call the question, ” or “I move to limit debate, ” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.
6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain, ” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain. ”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.

Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent. ” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.

The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.

A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.

First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.

If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.

California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.

After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting, ” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting. ” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.

How does this work in practice?
Here are a few examples.

Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting. ” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.

Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.

If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes, ” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.

Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present. ” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes, ” one “no” and one “abstain, ” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.

Call for orders of the day. This is simply another way of saying, “return to the agenda. ” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed.

Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.

Special Notes About Public Input
The rules outlined above will help make meetings very public- friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:

Rule One: T ell the public what the body will be doing.

Rule Two: Keep the public informed while the body is doing it.

Rule Three: When the body has acted, tell the public what the body did.

Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.

The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.

Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.

Can a member of the body interrupt the speaker? The general rule is “no. ” There are, however, exceptions. A speaker may be interrupted for the following reasons:

Privilege. The proper interruption would be, “point of privilege. ” The chair would then ask the interrupter to “state your point. ” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.

Order. The proper interruption would be, “point of order. ” Again, the chair would ask the interrupter to “state your point. ” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
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Rialto City CouncilJuly 12, 2022

Rialto City Council
July 12, 2022