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RESOLUTION NO. 23618
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERSIDE,
CALIFORNIA, ESTABLISHING RULES OF PROCEDURE AND ORDER OF
BUSINESS FOR THE CITY COUNCIL OF THE CITY OF RIVERSIDE AND
RELATED FUNCTIONS AND ACTIVITIES AND RESCINDING ALL PRIOR ACTIONS TAKEN THERETO, AND REPEALING RESOLUTION NO. 23559.
WHEREAS, it is the intent and desire of the City Council to conduct its business in an orderly andfair manner; and
WHEREAS, therearecertainbasicrights of dueprocessandopportunity to addressissues with equity, fairness, and equalprotection of the law; and WHEREAS, certain parliamentary procedureshave been found to be useful in order to assure that the communication and process of government are fair, reasonable, and just; and WHEREAS, the City has a duty to proceedwith the businessof government in an efficient and orderly fashion; and
WHEREAS, the City Council desiresto establishuniform norms and proceduresin order to accomplish these goals.
BE IT RESOLVED by the City Council of the City of Riverside asfollows:
That the following shall be the Rules of Procedure and Order of Business of the City Council, and shall govern all proceedings of the City Council therein described, subject to the exceptions and deviations provided for in such rules.
Violation of theserules shall not be construedasa penal offense, exceptingthat breachof the peace or willful failure to comply with the lawful orders of the City Council or its presiding officer shall be punishable as misdemeanors under applicable law.
I
AUTHORITY
The Charterof the City of Riverside provides that the City Council shall determineits own rules and order of business. By virtue thereof, and when not in conflict with the Charter of the City of Riverside and the Constitution and laws of the State of California, the following set of rules shall be in effect upon adoptionby the City Council anduntil suchtime asthey are amended 1 1
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or new rules adopted in the manner hereinafter provided and shall prevail to govern the order of businessof the City Council of the City of Riverside.
II
ACT IN THE PUBLIC INTEREST
A. City Council and staff shall recognize that stewardshipof the public interest must be the primary concern.
B. City Council will work for the commongood of thepeopleof Riverside.
C. City Council will assurefair and equal treatment of all persons, claims and transactions coming before the City Council andBoards and Commissions.
III
ADVOCACY
A. City Council shall represent the official policies or positions of the City Council when designated as delegates for this purpose. i
B. When representing their individual opinions and positions, City Council shall explicitly statethey do not representthe City Council of the City, nor will they allow the inferencethat they IV
DUTIES
A. DUTIES OF MAYOR; MAYOR PRO TEMPORE
The Mayor shall be the presiding officer at all meetingsof the City Council and shall have a voice in all its proceedings but shall not vote except for appointments to City Boards & Commissionsor to break a City Council tie -vote which exists for any cause. The Mayor shall be the official head of the City for all ceremonial purposes. The Mayor shall have the primary but not exclusive responsibility for interpreting the policies, programs and needs of the city governmentto the people, andof informing the peopleof anymajor changein policy or program.
The Mayor shall advisethe City Council on all matters of policy and public relations and perform suchother duties asmay be prescribedby the City Charter. At any time before the adjournment of ameeting, the Mayor may, by public declarationspreadupon the minutes of the meeting, veto 2 11
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any formal action takenby vote of the City Council including any ordinanceor resolution, except an emergency ordinance, the annual budget or an ordinance proposed by initiative petition.
Thereupon, pending the vote to override the veto asherein provided, suchordinance, resolution or action shall be deemed neither approved nor adopted. The Mayor shall, no more than twenty days following the veto, provide to Council members, in writing, reasonsfor the Mayor's veto. If the Mayor fails to provide a written veto message within the time allotted, the original action of the City Council shall stand. At any regular or adjournedmeetingheld not lessthan thirty days, nor more than sixty days after veto the City Council shall reconsidersuch ordinance, resolution or action and vote on the question of overriding the veto. Five affirmative votes shall be required for its adoption or approval. The Mayor shall have no right to veto the veto override of any ordinance, resolution or action.
In the absence of the Mayor, the Mayor Pro Tempore shall assume the duties of the Mayor. The Mayor Pro Tempore shall be appointedfrom membersof the City Council on the following ward rotational basis with each member serving for a term of six months: Ward 7, Ward 6, Ward 5, Ward 4, Ward 3, Ward 2, and Ward 1 or as otherwise determinedby the City Council. In the event the Mayor and Mayor Pro Tempore are absent, the Councilmember last serving as Mayor Pro Tempore shall be assigned said role. The Mayor Pro Tempore shall conduct the City Council meetings and shall vote only as a member of the City Council, not as Mayor Pro Tempore. In the event of a, tie -vote, the Mayor Pro Tempore shall not have a tie - breaking vote and City Council vote shall be recorded as a negativeor " nay" vote. The Mayor Pro Tempore shall not havethe power. to veto actsof the City Council.
In addition to the duties enumerated above, the Mayor Pro Tempore shall be responsible for the coordinationof any specialor annualevaluationof the City Manager, City Attorney or the City Clerk. Said responsibility may include but not be limited to the distribution, collection and tabulation of any written evaluations; andthe calendaring of any closed sessionduring which time the evaluations shall be conducted.
The Mayor Pro Tempore shall also use their best efforts to participate in the agenda - setting meeting, assetforth in Article IX( D) below, preceding eachCity Council meeting. 3 1
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B. DUTIES OF MAYOR AND COUNCIL MEMBERS
Promptly at the hour set by law on the date of each regular meeting, the Mayor and Councilmembers shall take their regular stations in the Art Pick Council Chamber and the businessof the City Council shall be takenup for considerationanddisposition.
C. MOTIONS TO BE STATED BY PRESIDING OFFICER
When a motion is made, it shallbe statedby the presiding officer or the City Clerk before I debate.
D. DECORUM
While the City Council is in session, the members must preserve order and decorum, and a membershall not, by conversationor otherwise, delay or interrupt the proceedingsor the peaceof the City Councilnor disturbanymemberwhile speaking, nor refuseto obeytheordersof the City Council, or the presiding officer, except asotherwise herein provided.
E. VOTES REQUIRED TO TAKE ACTION
Unlessa higher vote is requiredby provisions of. the City Charter, the affirmative votes of at least four membersof the City Council shall be required in order for the City Council to take actionon anitem of businessor the adoptionof anyordinanceor resolution, or for themaking or approvingof any order for thepaymentof money.
Any ordinancedeclaredby the City Council to be necessaryas an emergencymeasureas hereinafterdefinedmay be introducedandadoptedat one andthe samemeetingif passedby at least five affirmative votes.
At any meeting after the adoption of the City's budget, the City Council may amendor supplementthe budgetby motion adoptedby the affirmative votes of at leastfive membersso as to authorize the transfer of unused balances appropriated for one purpose to another purpose or to appropriate available funds not included in the budget.
F. VOTING DISQUALIFICATION
Neither the Mayor nor any Council member who is disqualified shall vote upon the matter on which the member is disqualified. Any member shall openly state that they are abstaining because of a disqualifying financial or other conflict of interest. The Mayor or any L;
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councilmemberwho is disqualified dueto a financial interest shall publicly identify the financial interest in detail sufficient to be understoodby the public exceptthat disclosure of the exact street address of a residence is not required. As to any other conflict of interest, the member' s determinationmay be accompaniedby anoral or written disclosureof suchconflict of interest. A member who is disqualified by a conflict of interest in any matter shall not remain in the I member's chairduringthe discussionandvoteon suchmatterunlessthematterhasbeenplaced on the consent agenda.
G. PARTICIPATION ON NON- PROFIT BOARDS OF DIRECTORS AND CONFLICTS nV TXTmUnUcm
It shall be the policy of this Council that the Mayor and members of the City Council should not serve as members of the board of directors of a non- profit corporation which is receiving or will be reasonablylikely in the future to seekand/or receivefunding from the City of Riverside so asto avoid any appearanceof a conflict of interest.
In the event that the Mayor and/or a member of the City Council serves as a non - compensatedmemberof the board of directorsof a non-profit corporation, then a contractmay be made between the City of Riverside and the non-profit corporation provided that:
The public official discloses his/ her participation on the non- profit corporation' s board of directorsto the City Council at the time the City Council is consideringthe contractwith the non- profit corporation;
The public official' s interest as a member of the non- profit corporation' s board of directorsis notedin the official minutesof the City Council meeting; and The public official disqualifies themselvesfrom any vote, deliberation or influence on the matter before the City Council.
Furthermore, if it is determinedbasedupon a factual analysisthat the Mayor or a City Council member serves as a non - compensated member of the board of director of a non- profit corporation, andthat the non-profit supportsfunctions of the City asoneof its primary purposes, then the public official is determined to have a " non- interest" andmay therefore participate in the deliberation and vote on the matter before it. However, the public official' s interest as a member 5 11
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of thenon-profit corporation'sboardof directorsmustbe notedin the official minutesof the City Council meeting.
Further, the City Manager, City Attorney and City Clerk shall not serve as a member of theboardof directorsof anon-profit corporationwhich is receiving or will be reasonablylikely in the future to seekand/or receivefunding from the City of Riversidesoasto avoid any appearance of a conflict of interest.
H. MAYOR AND COUNCIL MEMBERS TO AVOID IMPROPER CONSIDERATION OF
PENDING OR CONTEMPLATED MATTERS
Open Mind. The Mayor and Councilmembers will make every effort not to pledge or promise to vote in any particular manner on any matter pending before it.
UT
ROLE OF THE MAYOR AND CITY COUNCIL
A. MAYOR AND CITY COUNCIL CONDUCT IN GENERAL
1. Mayor and Councilmembersshall treat everyonewith courtesy.
2. Inappropriatebehavioris derogatoryanddamagestheperceptionof the City.
3. While the City Council is in session the Mayor, Councilmembers and City staff shall preserve strict order and decorum. Neither the Mayor nor any Councilmembershall delay or interrupttheproceedingsof the City Council or interrupt anymemberwhile speaking.
4. Councilmembers should use the speaker sequencing system to indicate to the presiding officer that they want to speak. The presiding officer will acknowledge them before they begin speaking.
5. Any Councilmember shall have the right to express dissent from, or protest to, or comment upon, any action of the City Council.
6. Oncea vote is taken on an issue, Councilmemberswill supportthe law madeby the City Council. If a Councilmember wants an issue to be reconsidered, he/ she will make a motion to reconsider as provided for in Section XII of these Rules of Procedure. When possible, the City Council should attempt to reach consensuson an issue. When this is not possible, the majority vote shall prevail. However, the City Council shall respectthe opinion of the minority. 0 1
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7. The Mayor and City Council shall publicly share substantiveinformation, which they may havereceived from sourcesoutside the public decision-making processthat is relevant to amatter under considerationby the City Council.
8. Allow for everyone's opinion to be heard and respected, even if they do not win the vote or prevail on the issue. Strive for awin- win situation by respectingdiverse opinions.
9. Councilmembers will allow room for dialogue. When discussingan agendaitem, the City Council will allow the opportunity to dialogue with eachother to build consensuson an item.
10. Any member of the City Council may move to require the presiding officer to enforce the rules and an affirmative vote of a majority of Council members present shall be required to do so.
B. MAYOR AND CITY COUNCIL CONDUCT WITH ONE ANOTHER
1. The Mayor and City Council will value eachother' stime.
2. All Councilmembershave the opportunity to speakandagreeto disagree.
3. The City Council will avoid negative comments that could offend other Councilmembersduring public meetings, in thepress, or any othertime.
4. The City Council will practice civility and decorum in discussionsanddebate.
5. The presiding officer has an affirmative duty to maintain order. The City Council will honor the role of the presiding officer in maintaining order.
C. MAYOR, CITY COUNCIL AND CITY MANAGER CONDUCT WITH STAFF
1. Mayor andCouncilmembersshould always feel free to speakdirectly with the City Manager on matters of interest or concern to them.
2. The Mayor, City Council, City Manager and City Staff shall respect and adhereto the City' s form of government, which is a CharterCity operatingundera Council -Managerform of government, with the City Council acting asthe legislative body of the City. The City Council is the visionary policy maker andstaff is responsiblefor implementationof City Council policies.
3. The City Council directs the City Manager to implement City Council policy decisionsthroughthe administrativefunctions of the City. 7 1
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4. The Mayor and City Council shall treat staff professionally.
5. When possible, the Mayor and City Council should attempt to seek answers to questions on an item on the agenda, from the City Manager, City Attorney, City Clerk or Department/Division Head prior to the meeting.
6. The Mayor and Councilmembers will not get involved in personnel issues except during a closed sessionwhere personnel issues may be discussedor as otherwise appropriate concerning the City Manager, City Attorney, City Clerk or other staff appointed by the City Council. This includes hiring, firing, promoting, disciplining, and all other forms of personnel matters.
7. If a Councilmemberis unhappy about a departmentor an employeehe/shemay discussthe situation with the City Manager, Assistant City Manager, or the City Attorney or City Clerk as appropriate.
D. MAYOR AND CITY COUNCIL CONDUCT WITH THE PUBLIC
1. The Mayor and City Council will make the public feel welcome.
2. The Mayor and City Council shall not be partial, prejudiced or disrespectful toward the public.
3. The Mayor and City Council should not make snappy, sarcastic comments to the public or to each other.
4. The Mayor and City Council shall treat membersof the public equally.
5. The Mayor and City Council members shall make no promises to the public on behalf of the City Council.
6. The Mayor and City Council shall not arguewith members of the public.
7. The Mayor and City Council shall listen courteously and attentively to all public commentsbefore the City Council.
E. MAYOR AND CITY COUNCIL CONDUCT WITH OTHER AGENCIES
1. The Mayor andCity Council shallbe clearaboutrepresentingthe City or personal interests to members of other agencies.
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2. The Mayor and City Council shall project a positive image of the City when dealing with other agencies.
3. The Mayor and individual Councilmembers can lobby or discuss with other legislators, governmentofficials or developersissuesthat have beenadoptedby the City Council or are City Council policy; they should not representthemselvesas the City if it is only an individual issue.
4. The Mayor and City Council shall show tolerance and respectfor other agencies' opinions andissuesandagreeto disagreewith them when necessary.
F. MAYOR AND CITY COUNCIL CONDUCT WITH BOARDS AND COMMISSIONS
1. The Mayor and City Council works through the board/commission chairs.
2. The Mayor and City Council shall treat all. members of Boards and Commissions with appreciation and respect.
3. It hasbeenthe practiceof the Mayor and City Council to not participatein Board and. Commissionmeetingsfor the purposeof andto avoid perceptionof influencing the outcome of said meetings.
G. COUNCIL CONDUCT WITH STANDING CITY COUNCIL COMMITTEES
1. GovernmentCodesection54952.2 defines a meeting of the legislative body of the City of Riverside andprovides certainlimitations on the attendanceof its members.
2. A member of the City Council, who is not a member of the standing committee, may attend an open and noticed meeting of a standing committee of the City Council, provided that they attendonly asobserversanddo not participate in any discussion.
H. MAYOR AND CITY COUNCIL CONDUCT WITH THE MEDIA
1. The Mayor and City Council shall never go " off the record", discuss information pertaining to closedsessions, personnel, litigation or acquisition of property items, when dealing with the media. Providing background information is acceptable. 66 1
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I. OBTAINING THE FLOOR
1. Any memberof the City Council wishing to speakmust further obtain the floor by being recognized by the presiding officer. The presiding officer must recognize any Councilmember who seeksthe floor when appropriately entitled to do so.
2. With the concurrenceof the presiding officer, a Councilmember holding the floor may addressa question to another Councilmember and that Councilmember may respond while the floor is still held by the Councilmember asking the question. A Councilmember may opt not to answer a question while another Councilmember has the floor.
VI
ROLE OF CITY STAFF
A. City staff will provide written analysis and information on all agenda items prior to the meetings. Additionally, a copy of the materials, including technical reports will be available to the public.
B. Staff will be availableto answerquestionsof the City Council prior to and during City Council meetings.
C. Staff will respond to questions from the public during City Council meetings when requestedto do soby the Mayor, City Council, or City Manager.
D. Staff will not arguewith the public or the City Council.
E. During City Council meetings staff shall turn off or switch any electronic equipment such as pagers and cellular telephones to a silent mode.
F. Councilmembers and staff who participate in meetings with outsiders should be apprised of any follow-up correspondenceto that party, particularly if thereis somecontroversy; the City Manager and all Councilmembers should get copied on all correspondence.
G. Staff will remain objective on issues. Staff should not be an advocate for issues unless so directedby the City Council. Rather, they should promote or assistthe efforts of City Council.
H. Staff will inform City Council as soon aspossible of upcoming issues, particularly issues that will impact the City significantly andmay be coming before City Council on short notice. 10 ke
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I. Staff will provide each Councilmember with written notification of any meetings or discussionsrelative to any development project in the Councilmember's respective ward. Each Councilmember may, at their option, follow up with staff regardingthe details of the project and anypolicy issuesthat may be comingbeforethe City Council.
J. If only one or two Councilmembers feel something is controversial or a "hot" issue and it may be coming before the City Council, the City Manager will inform the Mayor and the I Councilmembers whose ward the issue concerns.
K. The City Manager will advise management to become aware of and sensitive to potentially political or controversialissuescoming beforethe City Council.
L. City staff will implement all City Council policies as directedby the City Manager; staff i
will not implementany actionsfor the City without prior approvalof the City Council and City Manager.
VII
ROLE OF THE PUBLIC
A. Members of the public attendingthe City Council meetingsare requestedto observethe j samerules and decorum applicable to the City Council and staff.
B. All speakers must approach the podium when recognized by the presiding officer.
Members of the public shall only speakfrom the podium.
C. Members of the public shall turn off or switch any electronic equipment such as pagers and cellular telephonesto a silent mode while attending a City Council meeting. j D. If a member of the public desires to provide written correspondence ( 11 copies i
recommended) to the City Council, all such materials shall begiven directly to the City Clerk prior to themeeting, or if during the courseof themeeting, thematerialsshallbe given to the City staff on the dais. At no time shall the public enter the well to provide the materials directly to membersof the City Council.
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VIII
MEETINGS
A. CALL TO ORDER - PRESIDING OFFICER
The Mayor, or in the Mayor' s absence the Mayor Pro Tempore, shall take the chair at the hour appointedfor the meetingand shall immediatelycall the City Council to order. Upon the arrival of the Mayor, the Mayor Pro Tempore shall immediately relinquish the chair at the conclusionof thebusinesspresentlybeforethe City Council.
I B. ROLL CALL
Before the City Council shall proceed with the business before it, the City Clerk shall enter into the minutes the names of the Mayor and those Councilmembers present. The later arrival of any absenteeshall alsobe enteredinto the minutes.
C. QUORUM CALL
During the courseof the meeting, shouldthe presiding officer note a City Council quorum is lacking, the presiding officer shall call this fact to the attentionof the City Clerk. The presiding officer shall issue a quorum call. If a quorum has not been restored within two minutes of a quorum call, the Chair may declarearecessfor a reasonableperiod of time in order to reestablish a quorum or the meeting shall be deemedautomatically adjourned.
D. CITY COUNCIL MEETING SCHEDULE
Regularmeetingsof the City Council shallbe held in theArt Pick Council Chamber, 3900 Main Street, Riverside, California, on the first four Tuesdays of each month, taking into consideration any legal holidays which may occur. There shall be no meeting on the fifth Tuesday of the month. For the months of July, August and September, meetings shall occur on the first and third Tuesdays of the month.
Regular meetings of the City Council shall commence at approximately 1:00 p.m., and shall include oral communication from the public followed by any closed sessions, workshops, public hearings, or other business, as necessary. Public hearings shall commence at approximately 3:00 p.m. Evening sessionsshall begin at approximately 6:15 p.m. and shall include an additional period for oral communicationsfrom the public at 7:00 p.m. One meeting 12 1
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each month shall be reserved for City Council workshops. City Council meetings may be canceled for lack of agenda items.
The appointedhoursnotedhereinaresetforth for the convenienceof the City Council and are subject to change.
E. ADJOURNED MEETINGS
The City Council may adjourn any regular, adjourned regular, specialor adjourned special meeting to a time and place specified in the order of adjournment as permitted by law and in compliance with Chapter 4. 05 of the Riverside Municipal Code.
F. SPECIAL MEETINGS
The Mayor or a majority of the City Council may call a special meeting by providing notice five ( 5) days in advanceof the meeting to the Mayor, all membersof the City Council, to all media outlets, andto personshaving requestednotification pursuantto Statelaw.
G. CLOSED SESSIONS
The City Clerk or his/her designeeshall attendeachclosedsessionof the City Council and keepand enterin a minute book a recordof topics discussedanddecisionsmadeat the meeting.
In the event of a closed session concerning personnel matters conducted in conformance with California Government Code section 54957, the Mayor Pro Tempore or his/ her designee shall enterin a minute book a record of the topics discussedand decisionsmadeat the meeting. The minute book is not a public record subject. to inspection pursuant to the California Public Records Act ( California Government Code section 6250 et seq.), and shall be kept confidential. The minute book shall be available only to members of the legislative body or, if a violation of California Government Code sections 54950 through 54962 is alleged to have occurred at a closedsession, to a court of generaljurisdiction wherein the local agencylies.
All proper mattersdiscussedduring closedsessionsshall be private and confidential, and the disclosureby any personof the topics or details of suchmattersis expresslyprohibited. If a Councilmember feels it is necessary, then preliminary notes may be taken which should not be kept as the Councilmembers permanent records. All closed session information, verbal or written, is confidential and private.
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H. EMERGENCY MEETINGS.
In the case of an emergency situation involving matters upon which prompt action is necessarydueto the disruptionor threateneddisruptionof public facilities, the City Council may hold an emergencymeeting without complying with either the 24-hour notice requirementor the 24-hour postingrequirementof Section54956or both of thenotice andpostingrequirement.
Each local newspaper of general circulation and radio or television station that has requestednotice of special meetingspursuantto Section54956 shall be notified by the presiding officer of the legislative body, or designeethereof, onehour prior to the emergencymeeting, or, in the caseof a dire emergency, at or nearthe time that the presiding officer or designeenotifies the members of the City Council of the emergency meeting. This notice shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice requirements of this section shall be deemed waived, and the legislative body, or designeeof the legislative body, shall notify thosenewspapers, radio stations, or television stationsof the fact of the holding of the emergencymeeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.
During an emergency meeting, the City Council may meet in closed session pursuant to Section54957if agreedto by atwo-thirds vote of themembersof the City Council present, or, if lessthantwo-thirds of the membersarepresent, by anunanimousvote of the memberspresent.
All special meeting requirements, asprescribed in Section 54956 shall be applicable to an emergencymeeting, with the exception of the 24-hour notice requirement.
The minutes of an emergency meeting, a list of personswho the presiding officer of the City Council, or designeeof the City Council, notified or attemptedto notify, a copy of the roll call vote, and any actions taken at the meeting shall be posted for a minimum of ten days in a public place as soon after the meeting as possible.
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IX
AGENDA
I A. DECLARATION OF POLICY
No ordinance, resolution, or item of business shall be introduced or acted upon before the City Council at its meeting without it having beenpublishedon the agendaof the meeting and posted in accordance with Riverside Municipal Code Title 4 and California Government Code section 54954. 2( a) as the same now exist or hereafter amended. Exceptions to this rule are limited to thoseprovided by State law and matters of businessremaining uncompleted from a regular meeting.
B. DEFINITIONS
For purposes of this section, the terms listed herein shall be defined as follows:
1. " Agenda Item" means an item placed on the agenda irrespective of location ( save and except for matters raised under Oral Communications) to be transactedor discussedby the City Council. For purposesof this Section, any quasi-judicial appealsshall be consideredaction items in accordance with California Government Code section 54952. 6 as the same now exists or hereaftermay be amended.
Each agenda item shall contain a brief general description of each item of business to be transactedor discussedat the meeting in accordancewith California GovernmentCode section 54954.2 as the same now exists or hereafter may be amended, whether the matter is to be presented in Closed Session, on the Consent Calendar, the Discussion Calendar, the Public Hearing Calendar, or such other time asmay be scheduled.
Each agendaitem shall be supportedby all relevant documentation, which may include but notbelimited to thefollowing asapplicable:
a. The need therefore and the department or departments involved or affected thereby;
b. Recommendation of the City Manager, if applicable;
C. Commentsof the City Attorney, if the item involves legal issues; d. PastCity Council actions or practices, if any, relating to suchmatter; 15 1
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e. Pastlegislative history or hearings, if any;
f. Financial benefits or costswhich would accrueto the City asa result of the recommended action;
g. For awards of contracts, the contracts shall be prepared and presented; h. If funds arerequested, the budgetarysourceof funds;
i. Person or persons to contact for further information; j. Estimated balances shall be included for appropriations from General Fund ContingencyReserveand supplementalappropriationsfrom fund balance.
2. " Agenda" means the compilation of the descriptive titles of agenda items submittedto the City Clerk, arrangedin the sequenceestablishedin SectionIX. E. hereof.
3. " Packet" meansthe Agendaandall supportingdocumentation.
4. " Emergency Situation" meansboth of the following:
a. An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severelyimpairs public health, safety, or both, as determinedby a majority of the members of the City Council.
b. A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergencymeetingmay endangerthe public health, safety, or both, asdeterminedby a majority of the membersof the City Council.
5. " Items Carried Over" meansitems uncompletedfrom a prior agendaof a City Council meeting.
C. PROCEDURE FOR BRINGING MATTERS BEFORE CITY COUNCIL
1. PersonsWho May Place Matters On The A egnda
Except for matterspending before any committee, commissionor other advisory body of the City or the City Council, matters pertinent to and within the jurisdiction of the City may be placedon theagendaby the Mayor, anyCouncilmember, theCity Manager, City Attorney or City Clerk.
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2. Scheduling Public Hearings Mandated By State, Federal or Local Statute.
The City Clerk may schedulea public hearing at any available time and datein those cases where State, Federalor local statutemandatesthe City Council hold apublic hearing.
3. Submission of Agenda Items.
Except for Items CarriedOver, asa condition to placing an item on the Council' s agenda, by the Mayor, any Councilmember, the City Manager, the City Attorney or the City Clerk, a City Council report shouldbe preparedandsubmittedto the City Clerk not later than 12:00 p.m. of the fifteenth ( 15th)
dayprior to eachregular City Council meeting atwhich the item shallbe heard.
4. Preparation of the Packet.
Not later than 5:00 p.m. twelve (12) daysprior to eachregularCity Council meeting, the City Clerk shall prepare the packet. No item shall be consideredby the City Council if not included in the packet, except as provided in section 4. 05. 050 of the Riverside Municipal Code.
5. Posting of A egnda.
The City Clerk shall post the agendaof each City Council Regular or Adjourned Regular Meeting at least twelve ( 12) daysin advanceof saidmeetingin alocationthat is freely accessible to members of the public. The City Clerk shall maintain an affidavit indicating the location, date and time of posting each agenda.
6. Distribution of the Packet.
Not later than 6:30 p.m. twelve ( 12) daysprior to eachregularCity Council meeting, the City Clerk shall distribute the packetto the Mayor, eachmemberof the City Council, the City Manager and the City Attorney. Twelve ( 12) days prior to eachregular City Council meeting, the City Clerk shall distribute the packet to the designateddepartmentdirectors, and such other personsor institutions asthe City Clerk shall deemnecessaryor appropriate. Paper or electronic copies of the packet shall be made for the news media and such other organizations, agencies, institutions or personsasmay wish to subscribeto receipt thereof, and the City Clerk will make the packet available electronically on the City' s webpage. 17 1
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7. Failure to Meet Deadlines.
a. The City Clerk shall not, without the consent of the City Manager or City Attorney, acceptany agendaitem or revised agendaitem afterthe deadlinesestablishedhereby. b. Supplemental Agenda And Related Materials Reauirements For Repu. lar Meetinizs Of The City Council and City Council Standing Committees. Notwithstanding the notice provisions of Section 4. 05. 050( A) of the Riverside Municipal Code, the City Council and City Council Standing Committees, may amend or supplement a posted agenda or agenda - related materials no later than 72 hours before a regular meeting and only for the following reasonsor under the following conditions:
i) to add an item due to an emergencyor urgency, provided the local body makes the same findings as required by Section 4.05.050(D) of the Riverside Municipal Code before taking action;
ii) to delete or withdraw any item from a posted agendahowever, nothing herein shall limit the ability of alocal body to deleteor withdraw anitem during the meeting; iii) to provide additional information to supplement the agenda - related material previously published with the agendaprovided that the additional information was not known to staff or considered to be relevant at the time the agenda - related materials were filed. Examples of supplementalmaterial permitted by this Section are reports respondingto questionsor requests raisedby membersof a local body after posting andfiling of thetwelve -day agendaandmaterials, andanalysesor opinions of the item by the Office of the City Attorney, any member of the City Council, or the Mayor;
iv) to correct errors or omissions, or to change a stated financial amount, or to clarify or conform the agendatitle to accurately reflect the nature of the action to be taken on the agenda time;
v) to continue an agendizeditem to a future regular meeting of the local body provided that members of the public are given an opportunity to addressthe local body on the limited questionwhetherto continuethe item to a future meeting.
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C. Excuse Of Sunshine Notice Requirements. If an item appears on an agenda but the local body fails to meet any of the additionalnotice requirementsunder this Section, the local body may take action only if-
i)
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i) The minimum notice requirements of the Riverside City Charter and the Brown Act have been met; and,
ii) The local body, by a two-thirds vote of those memberspresent, adopts a motion determiningthat, uponconsiderationof the factsandcircumstances, it wasnot reasonably possible to meet the additional notice requirements under this Section and any one of the following exists:
a. the need to take immediate action on the item is required to avoid a substantial impact that would occur if the action were deferred to a subsequent special or regular meeting; or,
b. there is a need to take immediate action which relates to federal, state, county or other governmentalagencylegislation or action or the local body's eligibility for any grant or gift; or,
c. the item relatesto apurely ceremonialor commendatoryaction. iii) Notwithstanding the provisions of this subsection, if the Mayor or a Council Member, with the concurrence of another Council Member, believe an item is urgent, and the failure to meet any additional notice requirementswas due to:
a. the need to take immediate action, which came to the attention of the local body after the agendawas posted, or;
b. a softwareor hardwareimpairment asdefinedby Section4.05.010 H of the Riverside Municipal Code and such additional notice requirements are satisfied no later than seventy-two (72) hoursbefore the dateof the meeting; or, iv) The item is a closed session item relating to ongoing, proposed or threatened litigation.
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d. Action On Items Not Appearing On The A egnda. Notwithstanding subsection C) of this Section, a local body may take actionon itemsnot appearingon a postedagendaonly if.
i) The Matter Is An Emergency. Upon a determinationby a majority vote of the local body that a work stoppage, crippling disasteror other activity existswhich severelyimpairs public health, safetyor both.
D. AGENDA - SETTING MEETING
1. The City Council agenda -setting meeting normally takes place on Wednesdays, andsetsthe following two City Council agendas, but canberescheduled, if necessary.
2. The members include the Mayor, Mayor Pro Tem, City Manager, City Attorney, City Clerk, and Assistant City Managers. In the event that any of these representatives cannot attend the meeting, they may senda representative in their place.
3. The City Clerk, as the City official who managesand publishes the agenda, shall serve as the chairperson.
4. The role of the Mayor and Mayor Pro Tem, in addition to collaborating as team memberswith executive managementto setthe agenda, is to track City Councilmembers' referred items and ensure they are placed on the agenda. If an item is not addressed in the timeframe noted, the Mayor Pro Tem will provide written notification to the City Councilmember(s) who made the referral. The City Clerk' s MasterMeeting Calendarwill be usedasthe tracking tool.
5. When a City Councilmember refers an item to be placed on the agenda, a timeframe must be included. It will include the Councilmember' s name, and the specific type of item requested ( action vs. discussion). City Council items should alwaysbe consideredapriority for scheduling.
6. Any City Councilmember may attend at the invitation of the Mayor Pro Tem provided it does not violate quorum rules).
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E. CONSENT CALENDAR
There shall be a consent calendar on all regular meeting agendason which shall be included thosematterswhich the Mayor, Councilmembers, and. City Manager deemto be routine in natureandnot likely to be subjectto debateor inquiry.
All items for presentation on the consent calendar shall conform to the format, guidelines and deadlines set out in Section B, above. On any matter not requiring immediate action, Councilmembers are encouraged to utilize a Motion to Postpone to a Time/ Date Certain, as opposed to a Motion to Table the matter, in order to have substantive issues addressed further.
It is the policy of the City Council that Councilmembers wishing to ask questions concerningconsentcalendaritems should ask questionsof the City Manageror staff personwho submitted the report prior to the City Council meeting so that the need for discussionof consent calendar items can be minimized.
F. AGENDA SEQUENCE AND ORDER OF BUSINESS
1. The City Council agendais to be arrangedin the following order and sections:
a. Workshops or Discussion Calendar.
b. Joint sessionof the City Council and all other related agenciesmeeting to receive oral communications from the public regarding closed sessionagendaitems, or matters within thejurisdiction of any suchgoverning bodies.
C. Legislative report.
d. Closed Sessions.
e. Public Hearings/ Land Use Appeals.
f. Brief reports on conferences, seminars and regional events; Ward updates; Council comments; andannouncementsof upcoming eventsshall commenceat 6:15p.m. g. Ceremonial Matters.
h. Oral communications from the audience regarding consent calendar items or matters within the jurisdiction of the City. Oral Communications shall commence at approximately 7:00 p.m., andmay be moved or continuedto later in the Council meeting at the discretion of the presiding officer, with the concurrenceof the City Council. 21 1
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i. Consent Calendar.
Removal of items from the ConsentCalendar, shallbe followed by one motion for action on uncontested Consent Calendar Items. Thereafter, removed consent items will be discussed immediately after the Discussion Calendar.
j. Discussion Calendar.
k. Pulled consentcalendaritems, if any.
1. Mayor/ Councilmember Communications.
In. Adjournment.
X
CONDUCT OF MEETING
A. ORDER OF DISCUSSION
The order of discussionafter introduction of an item by the presiding officer will be as follows:
1. Generally
a. Staff comments, information and reports, followed by questions from the Mayor and Councilmembers.
b. Public comments and information followed by questions from the Mayor and Councilmembers.
C. City Council discussion, motion andaction.
2. Public Hearings
a. Staff comments, information and reports, followed by questionsfrom the Mayor and Councilmembers.
b. Public comments and information followed by questions from the Mayor and Councilmembers.
C. Closure of public hearing.
d. Mayor and Council discussion, motion and action.
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3. Appeals/ Quasi- Judicial Hearings.
a. Staff comments, information and reports followed by questions from the Mayor and Councilmembers.
b. Appellant/ proponent comments, information and reports followed by questions from the Mayor and Councilmembers.
C. Public comments, information andreports from otherswishing to speakkon the item followed by questionsfrom the Mayor and Councilmembers. d. Closing statementsby appellant/proponentlimited to addressingcomments made in opposition.
e. Closure of public testimony.
f. Mayor and City Council. discussion, motion andaction.
Oncethe agendaitem is placed before the City Council for discussion, motion and action, no staff membernor member of the public shall be allowed to addressthe City Council without the consentof the City Council.
B. CONSENT CALENDAR ITEMS CALLED UP FOR DISCUSSION
The Mayor, any Councilmember, or the City Manager may request that any matter be removed from the Consent Calendar. If a matter placed on a Consent Calendar at a regular businessmeeting is removed, it will be discussedimmediately after adoption of the Discussion Calendar. All matters remaining on the Consent Calendar and which have not been removed shall be approved by a single action, such single action to have the legal effect of individual action on each matter. The presiding officer or City Clerk shall read into the record each item on the Consent Calendar which has been removed.
C. COMMUNICATIONS FROM THE AUDIENCE.
A portion of each agenda of a regular meeting of the City Council shall provide an opportunity to members of the public to addressthe City Council on any issue concerning City business, including closed session, consent calendar items, or item of interest that is within the subjectmatterjurisdiction of the City (" Oral Communications"). 23 1
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The Mayor and members of the City Council may:
1. Briefly respondto statementsmadeor questionsposedby membersof thepublic.
2. Ask questions for clarification.
3. Provide a reference to staff or other resources for factual information.
4. Requeststaff to report back to the City Council at a subsequentmeetingon any I matter.
5. Take action to direct staff to place a matter of business on a future agenda.
The City Council retains the right, by majority vote, to alter the time allotted for public remarks. Each person desiring to addressthe City Council during Oral Communications, City Council Discussion Items, Workshops, or Public Hearings shall fill out and file a form provided by the City Clerk. Requeststo be heardmay be submittedto the City Clerk any time prior to the conclusion of public comment on the agenda item. Each person speaking shall limit his/her remarks to three ( 3) minutes. For each and every public speaker, the presiding officer shall be requiredto utilize the timing systemWhichprovidesthem with notice of their remaining time to complete their presentations.
D. PUBLIC HEARINGS
The City Council or City Clerk shall setthe time andplace for eachpublic hearing. In the conductof the public hearing, the presiding officer will direct thosemaking presentationsto avoid repetition in order to permit maximum information to be provided the City Council within the time allotted to the hearing.
E. PUBLIC DISCUSSION
The City Council may, from time to time, schedulea matter for a public meeting. At the scheduledtime for public discussion, the City Council may statethe amount of time to be allotted for testimony from the public.
F. TIME LIMITATION FOR PUBLIC TESTIMONY AT PUBLIC HEARINGS AND
PUBLIC DISCUSSION
The City Council may limit the total amount of time of testimony on particular issuesand for each individual speaker. Presentations for other than quasi- judicial hearings, are to be limited 24 1
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to no more than one 3 -minute presentation. More or lesstime may be authorizedby amajority of the City Council. For quasi- judicial hearings, presentations are to be limited as follows: an appellant or applicant may be allowed one ten minute presentation and an additional five ( 5) minutes for surrebuttal. A designatedrepresentativeof anorganizationin oppositionthereofmay be allowed a ten ( 10) minute presentation.
The City Council reservestheright to determinethe total amountof time for testimonyon any particular hearing matter and/or for eachindividual speaker.
For each and every public speaker, the presiding officer shall be required to utilize the timing system which provides them with notice of their remaining time to complete their presentations. A greenlight on the timing systemwill be activated at the startof a presentation; a yellow light will be activated as a warning that one minute remains; when the red light is activated, the speaker shall cease speaking. In the further interest of time, speakers will be asked to limit their comments to new materials and not repeat what a prior speaker said. Organized groups may choose a single spokespersonwho may speak for the group. Speakers may not concede any part of their allotted time to another speaker.
XI
FACILITIES
A. COUNCIL CHAMBER CAPACITY
Council Chamber attendanceshall be limited to the posted seating capacity thereof Entrance to the Council Chamber will be appropriately regulated by the City Manager on occasionswhen the Council Chamber capacity is likely to be exceeded. While the City Council is in session, members of the public shall not remain standing in the seatingarea or aisles of the Council Chamber except to address the City Council, and sitting on the floor shall not be permitted.
B. ALTERNATE FACILITIES FOR CITY COUNCIL MEETINGS
If the City Manager has reasonto anticipate that the attendancefor a meeting will be substantially greater than the capacity of the City Council Chamber and insufficient time exists to securethe approval of the City Council to hold the meeting at an alternatefacility, the City 25 1
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Manager, or his or her designee, shall make arrangements for the use of a suitable alternate facility to which suchmeeting may be moved.
Furthermore, if, becauseof fire, flood, earthquakeor otheremergency, it would be unsafe to meetin the customarylocation, the meetingsmay be held for the duration of the emergencyat someother place specified by the City Manager or his or her designee. The change of meeting site shall be announced, by the most rapid means of communication available at the time, in a I noticeto mediaorganizationswhohaverequestedwrittennoticeof meetings.
XII
PROCEDURAL MATTERS
A. PERSONS AUTHORIZED TO SIT AT TABLES
No person, except officials, officers, employees and agentsof the City shall be permitted to sit atthe tablesin front of the City Council without the consentof the City Council.
B. DECORUM
It is the policy of the City Council that the right to expressone's views at a City Council meeting is fundamental to a free society; however, it is not absolute and is subject to valid regulations. The public hasaright to addressthe City Council at any meeting on any subjectthat is within the City Council' s subject matter jurisdiction and further, the public has the right to express its criticism of the policies, procedures, programs or services of the City or its acts or omissions. We must balancethe right of the public to addressthe City Council with the needto ensure that public comment does not hinder the smooth and efficient legislative function of the City Council.
No member of the public shall approachthe speaker's podium while the City Council is in. session, unless specifically requestedto do soby the presiding officer. Unruly conduct, such as undue noise, hissing, profanity, insult or physical disturbance which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting shall not be permitted. Any person making personal, impertinent, slanderousor profane remarks to any member of the Council, staff or general public which disrupts, disturbs, or otherwise impedes the orderly conduct of any Council meeting shall, at the discretion of the presiding officer or a majority of the Council, be 26 1
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barred from further audience before the City Council at said meeting, unless permission to continue be grantedby a majority vote of the Council.
C. ENFORCEMENT OF DECORUM
Any law enforcementor security officers on duty or whose servicesare commandedby the presiding officer shall be Sergeant -at -Arms of the City Council meetings. The Sergeant - at - Arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order anddecorumat the City Council'smeetings. Upon instructions of the presiding officer, it shall be the duty of the Sergeant -of -Arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest, and cause the person to be prosecutedunder the provisions of applicable law, the complaint to be signed by the presiding officer.
D. PRECEDENCE OF MOTIONS
When a question is before the City Council, no motion shall be entertainedexcept:
1. Motion To Adjourn.
A motion to adjourn requires a second and is not debatable except to set the date and time to which the meeting is adjourned to consider the unfinished business. The purpose of a motion to adjourn is to terminate the meeting forthwith, notwithstanding that the businesson the agenda hasnot beencompleted, and notwithstanding a time fixed for adjournmenthasnot yet arrived. A motion to adjourn shall be in order at any time, except as follows: ( i) When repeated without intervening businessor discussion; (ii) when made as an interruption of a Councilmember while speaking; ( iii) when the previous questionhasbeenmoved; and (iv) while avote is being taken.
2. Motion To Lav On The Table.
The purpose of the motion is to terminate further consideration of the subject being discussed, without qualification. The effect of the motion, if approved, is to not only end discussionon any other motion being considered, but to preclude any other motion being made.
A motion to table requires a second, is not amendable, and is not debatable. The foregoing shall not preclude any Councilmember from placing the subjecton an agendafor a later City Council meeting.
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3. Motion to Call for The Question Close Debate).
The Councilmembermoving any item before the City Council, including, the adoption of anordinanceor resolution, or the Mayor Pro Tem, shall havethe privilege of moving to closethe debateand at onceto take the vote on the immediately pending question. Such a motion requires a second and is not debatable, and is not amendable, and shall require a two- thirds vote of Councilmembers present and voting for adoption. Such a motion also requires that each Councilmemberbe affordedat leastoneopportunityto speakon the item beforeclosingthe debate. The making of the motion shall not constitute a violation of Section V of these rules.
4. Motion To PostponeTo A Certain Time/Day.
A motion to postponeto time certainis amendable, and is debatableasto the propriety of postponement and as to time set in the motion. The purpose of the motion is to postpone the subject under discussion to another, specified time.
5. Motion to Substitute.
A motion to substitute the motion under consideration with another motion requires a second, is not amendable and is debatable. A motion to substitute must be germane to the subject and compatible with the underlying purpose of the motion under consideration; and if passed, the substitute motion will, by its own action, eliminate the necessity to vote on the motion being substituted. If the substitute motion fails to pass, debatewill resume on the motion previously being contested. Only two substitutemotions shall be on the floor at any time.
6. Motion to Amend.
A motion to amend the motion under consideration requires a second, but the proposed amendment must be germane, or related, to the main motion, and is debatable. A motion to amendis definedasamendinga motion that is on the floor andhasbeenseconded, by insertingor adding, striking out, or striking out and inserting words within the main motion. The proposed amendment is voted on first, and if adopted, there is a vote on the main motion as amended. If the motion fails, debate will resume on the main motion. 7 1
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7. Motion To Reconsider.
A motion to reconsider any action taken by the City Council must be based upon a different state of facts and must be made not later than the second succeedingofficial regular meeting of the City Council. Sucha motion can only be madeby a memberwho voted with the majority. The motion to reconsider must be specifically agendized as a motion for reconsideration and cannot be acted upon on under Future Agenda Items. However, if the motion to reconsideris made at the sameCouncil meeting when the motion was originally adopted, it does not have to be included on the agenda. At thetimesuchreconsiderationisheardby theCity Council, testimony shall be limited to the alleged facts in support of the motion. No question shall be twice reconsidered, exceptby unanimousconsentof the City Council, exceptthat action relating to any contractmay be reconsideredat any time before the final executionthereof.
These motions shall have precedence in the order indicated. Any such motion, except to adjourn, amend, or substitute, shall be put to a vote without discussion.
E. RULES OF DISCUSSION
1. Presiding Officer May Debate: The presiding officer may debate from the chair, subjectonly to suchlimitations of debateasareby theserules imposedon all members, and shall not be deprived of any of the rights andprivileges asa memberof the City Council by reasonof acting as the presiding officer.
2. Getting the Floor: Improper References to be Avoided: Every member desiring to speak shall utilize the electronic call device to gain the attention and priority of the presiding officer, and upon recognition by the presiding officer, shall confine him/herself to the question underdebate, avoiding all personalitiesandindecorouslanguage.
3. Interruptions: A Councilmember, once recognized, shall not be interrupted when speaking unless it be to call the person to order, or as herein otherwise provided. If a Councilmember, while speaking, be calledto order, the Councilmembershall ceasespeakinguntil the question of order be determined, and, if in order, shall be permitted to proceed.
4. Division ofQuestion: If the question contains two or more divisional propositions, each of which is capable of standing as a complete proposition if the others are removed, the 29 1
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presiding officer may, and upon request of a Councilmember shall ( unless appealed), divide the I question.
5. Withdrawal of Motion: A motion may not be withdrawn by the mover without the consentof the Councilmember secondingit.
6. Votiniz: On the passage of every motion, the vote shall be taken by electronic voting device and enteredin full upon the record. If the device is inoperable, the vote shall be takenby roll call voice vote recordedby the City Clerk. The presiding officer shall announcethe result of the vote. No member shall be excusedfrom voting except on matters involving the consideration of the Councilmembers own official conduct, or where a conflict of interest exists.
I Refusal to vote without excuse shall be an affirmative vote.
F. ADDRESSING THE CITY COUNCIL
Any persondesiring to addressthe City Council shall first securethe permission of the presiding officer to do so. Under the following headingsof business, unlessthe presiding officer rules otherwise, any interested person shall have the right to addressthe City Council in accordancewith thefollowing conditionsanduponobtainingrecognitionby thepresidingofficer:
1. Speakers. Any person desiring to provide public commentor public testimony, shall do so in accordance with Section X. C. Each person addressingthe City Council shall step up before the City Council andmay give their nameandneighborhoodin an audible tone of voice for the record. All remarks shall be addressedto the City Council as a body and not to any Councilmember, Mayor or staff member thereof.
2. Written Communications. Interested parties or their authorized representatives may addressthe City Council by written communicationsin regardto mattersof concernto them.
Communicationsreceivedby the City Clerk prior to closeof businesson the day prior to a City Council meeting shall be submittedto the City Council at the meeting if relatedto an item which is on the agendafor that meeting.
3. Public Hearings. Interested persons or their authorized representatives may addressthe City Councilby readingprotests, petitions, or communicationsrelating to mattersthen under consideration, subjectto the time limitations imposedby the City Council. 30 1
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4. Public Comment. Interested personsmay addressthe City Council on any issue concerningCity businessduring the period assignedto Oral Communications, except comments relating to appealsbefore the City Council where the City Council must make its decision based on the written record or setthe matter for public hearing.
G. ADDRESSING THE CITY COUNCIL AFTER MOTION MADE
When amotion is pending before the City Council, no personother than a Councilmember shall addressthe City Council without first securingthe permission of the presiding officer or City Council to do so.
XIII
CITY COUNCIL STANDING COMMITTEES AND REGIONAL
ORGANIZATION REPRESENTATION
A. STANDING COMMITTEE NUMBER. NAMES. COMPOSITION. AND
APPOINTMENTS AND REGIONAL ORGANIZATION APPOINTMENTS
1. There shall be eight Standing Committees of the City Council entitled Development, Community Services and Youth, Finance, Governmental Affairs, Utility Services/Land Use/Energy Development, Public Safety, Transportation, andMayor' s Nominating, and Screening.
2. Following each election and/or appointment to fill a City Council vacancy, reorganization of City Council Standing Committee and regional organizational assignmentsshall be consideredby the Mayor' s Nominating and ScreeningCommittee for a recommendationto the City Council.
3. Each Standing Committee shall be comprised of three members. Each !.
Councilmembershall serveasChair, Vice -Chair, andMember of three Committees, respectively.
4. The Mayor' s Nominating and Screening Committee shall be comprised of the Mayor who shall serve as Chair and the members of the Governmental Affairs Committee. The Mayor' s Nominating and ScreeningCommittee shall assistin the board/commission appointment process as provided in Section XIV of this resolution, recommend to the City Council ( a) nominees for the annual City Spirit Award, ( b) structure and/ or appointments to ad hoc citizen 31 1
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committees as requestedby the City Council, and ( c) any other matters referred by the City I Councilor board/commission.
5. For Standing Committee and regional organization appointments, preferences of senior elected officials shall be honored. However, with five ( 5) affirmative votes, the City Council may appoint a non -senior member. The Mayor and Councilmembers shall forward preferences on Standing Committee assignmentsto the City Clerk to be shared at the Mayor' s Nominating and ScreeningCommittee Meeting.
Initially, each elected official shall be limited to two ( 2) regional organizational appointments. Remaining vacant positions and any appointment declined by an elected official shall be filled by seniority of elected officials desiring such appointments. There shall be no limitation to the number of appointments as " Alternate" to regional organizations. The provisions of this section shall not apply to organizations where the City Council is not the appointing authority.
Seniority" shallbe honoredasto the electedoffice currentlyheld.
B. REFERRAL OF MATTERS TO CITY COUNCIL STANDING COMMITTEES
1. Generally, all items agendizedfor City Council StandingCommitteesmust first be referredby the City Council for review and a recommendationto the City Council within 120 days, subjectto the exceptionssetforth below or asotherwisemodified by the City Council.
2. The Annual Year -End Finance Report by the Public Utilities Department is automatically referred directly to the Finance Committee for review and a recommendation to the City Council within 120days.
3. All SuccessorAgency to the Redevelopment Agency matters are automatically referred to the Development Committee for review and a recommendation to the Successor Agency to the Redevelopment Agency Board within 120 days.
4. All requestsfor commentson projects within the City' s sphereof influence are automatically referred to the Utility Services/Land Use/Energy Development Committee for review and submission of comments to the County of Riverside or as a recommendation to the City Council astime permits.
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5. With the concurrence of the Committee Chairperson and the City Manager, an item may be sentdirectly to a Council committeewithout City Councilreferral. If a matter is so referred. to a Council committee, the committee agenda will note such fact on the face of the agenda. Suchreferralsarenot requiredto be forwardedto the City Council for actionfollowing committee review. The below guidelines shall be considered for such referrals.
Policy Committee Types of Items Referred to the Committee Housing and Homelessness Housing andhomelessnesssolutions Economic development, placemaking and
branding/marketing
Economic Development, Placemaking,
and Branding/Marketing
City Budget, Measure Z, performance measures,
audits, and other financial matters
Financial Performance and Budget
Inclusiveness, Community City board and commission structures, ethics and other Engagement, and Governmental policy matters
Processes
Nominations for appointments to City boards and
Mayor' s Nominating & Screening commissions and City Spirit Award; and following Committee eachelection and/or appointment to fill a City Council vacancy, reorganization of City Council Standing
Committee and regional organization assignments
Safety, Wellness and Youth Public Safety, wellnessprograms, food sourcesand 33 1
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agriculture, recreation, disabilities, seniors, libraries, museum, and youth activities
Mobility and Infrastructure Transportation, sewer, airport, utilities, and public works
Land use, planning, development, sustainability and
resilience
Land Use, Sustainability and
Resilience
6. Board and Commissions, by majority vote, may forward matters to any City Council Standing Committee, as appropriate. The below guidelines shall be considered for such referrals.
BOARD/ COMMISSION CITY COUNCIL COMMITTEE
Airport Commission
Budget Engagement Commission
Mobility and Infrastructure and Financial
Performance and Budget
Financial Performance and Budget
Community Police Review Commission Safety, Wellness, andYouth Financial Performance and Budget
Cultural Heritage Board Land Use, Sustainability, andResilience Economic Development, Placemaking, and
Branding/ Marketing
Financial Performance and Budget
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Commission on Disabilities Safety, Health, Wellness, and Youth Financial Performance and Budget
Board of Ethics Inclusiveness and Community Engagement
Financial Performance and Budget
Human Relations Commission Mayor' sNominating and Screening Committee Financial Performance and Budget
Human Resources Board Inclusiveness and Community Engagement Financial Performance and Budget
Board of Library Trustees Safety, Wellness andYouth
Financial Performance and Budget
Commission on Aging Safety, Wellness andYouth
Financial Performance and Budget
Museum of Riverside Board Safety, Wellness, and Youth
Financial Performance and Budget
Park and Recreation Commission Safety, Wellness, and Youth Financial Performance and Budget
Planning Commission
Land Use, Sustainability, and Resilience
Economic Development, Placemaking, and
Branding/ Marketing
Financial Performance and Budget
Board of Public Utilities
Mobility and Infrastructure
Financial Performance and Budget
Transportation Board Mobility and. Infrastructure
Financial Performance and Budget
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xIv
BOARDS, COMMISSIONS, AND COMMITTEES
A. For vacancieson the Community Police Review Commission, Board of Ethics, Planning Commission and Board of Public Utilities, the Mayor' s Nominating and Screening Committee shall review applications submitted and identify applicants for interview with the Mayor and City Council. The City Clerk shall notify the City Council of those selectedfor interview. The Mayor and eachmember of the City Council may add an additional applicant for interview, if desired. Appointmentsshallbe madeby the Mayor andCity Council immediately following the interviews. With a full. quorum, five affirmative votes are required.
B. For Citywide vacancies on any of the remaining boards and commissions, the Mayor shall recommend an applicant for appointment by the Mayor and City Council. For Ward - specific seats, the Councilmember for the Ward shall recommend an applicant for appointment by the Mayor and City Council. With a full quorum, five affirmative votes are required. With less than a full quorum, four affirmative votes are required.
C. For appointments to City Council citizen ad hoc committees, the City Council shall affirmatively selectone of the following options:
1. Option 1: The Mayor' s Nominating and ScreeningCommittee shall review the applications submitted and identify applicants for interview with the Mayor and City Council.
The City Clerk shall notify the City Council of thoseselectedfor interview. The Mayor and each member of the City Council may add an additional applicant for interview, if desired. The Mayor and City Council shall interview, make the appointmentsandselectthe Chair; or
2. Option 2: By formal motion, the City Council shall authorizeeachmember of the City Council to selecta member from their Ward andthe Mayor to selecttwo at -large members.
The adhoc committee shall elect a Chair from amongits members; or
3. Option 3: By formal motion, any other methodof appointmentasdesiredby the City Council.
D. Board/commission members shall make every effort to notify the Chairperson or his/her designeeno. later than 24 hours prior to any regular meeting of his/her intent not to attendsaid 36 1
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meeting. A member' s inability to provide 24 hours advance notice shall not preclude the board/commission from exercising its discretion to excuse said absenceas outlined in Section 805 of the City Charter. If a member of a board or commission absents himself/ herself from three consecutive regular meetings of such board or commission, unless by permission of such board or commission expressed in its official minutes, or is convicted of a crime of moral turpitude, or ceasesto be a qualified elector of the City, the office shall become vacant and shall be sodeclaredby the City Council.
E. The City Clerk shall provide quarterly attendancereports to the Mayor and City Council.
F. The City Clerk shall notify the Mayor for Citywide seats and the appropriate Councilmember for Ward specific seats for direction to be taken in the event of either of the following conditions: ( a) a board/ commission member is absent unexcused from three consecutive regular meetings of the board/ commission; or ( b) a board/ commission member is absent, whether excused or unexcused, from more than one-third of the regularly scheduled meetings in any calendaryear.
G. Resignations from City boards and commissions shall be effective immediately upon receipt by the City Clerk, who shall then forward a receivedresignationto the City Council for filing. Future effective datesnoted in writing andsubmittedaspart of, or with anyresignation, shall be honored to the extent the resignee remains eligible. Withdrawal of a resignation for desiredcontinuedservicemust be submittedto the City Clerk in writing and must include the reason for withdrawing. The City Clerk shall forward any withdrawal to the Mayor and City Council, who may consider and approve the withdrawal. A resignation shall remain in effect notwithstanding the submission of a withdrawal, unless and until the Mayor and City Council approve the withdrawal.
H. A partial term of more than one year shall be considered a full term. Residents appointedmid -year to boardsand commissionsshall servefull terms of up to andnot -to -exceed four year, expiring on March 1St
of the corresponding year.
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XV
COUNCIL REQUESTS
A. All Council requests dealing with policy issues and those requests which may be construedas direction, go through the City Manager, except for general inquiries or questions in which casethe City Council may go to the DepartmentHeadsor key staff in the City Manager's Office. Councilmembersmay also deal directly with the City Attorney, City Clerk or other staff appointed by the City Council.
B. Any requestfrom the City Council requiring funding must go through the City Manager.
The City Managerwill respondin a timely manner.
XVI
ADMINISTRATION
A. The City Council will review and revise the City Council norms and proceduresasneeded or every two (2) years.
B. During City Council discussions, deliberations, and proceedings, the Mayor has been designatedwith the primary responsibility to ensurethat the City Council, staff and membersof the public adhere to the Council' s norms and procedures.
BE IT FURTHER RESOLVED that Resolution No. 23559 is hereby repealed.
ADOPTED by the City Council this 1st dayofStptember,
Attest:
COLLENN NICOL
City C16rk_ofthe City of Riverside
W
WIULIAIVI R. BAILEY,
Mayor of the City of Ri-,
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I, Colleen J. Nicol, City Clerk of the City of Riverside, California, hereby certify that the foregoing resolution was duly and regularly adopted at a meeting of the City Council of said City at its meeting held on the 1st day of September, 2020, by the following vote, to wit:
Ayes: Councilmembers Edwards, Melendrez, Fierro, Conder, Perry, and Hemenway and Councilwoman Plascencia
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereuntosetmy hand and affixed the official sealof the City of Riverside, California, this 2nd day of September, 2020.
CA 20- 0769
39 COLD E9J. NICOL
CityClerkOftheCityof Riverside
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TABLE OF CONTENTS
II. AUTHORITY...................................................................................................................... 1 II. ACT IN THE PUBLIC INTEREST.................................................................................... 2 III. ADVOCACY...................................................................................................................... 2 IV. DUTIES............................................................................................................................... 2 A. Duties of Mayor; Mayor Pro Tempore....................................................... 2 B. Duties of Mayor and Council Members ...................................................... 4 C. Motions to Be Statedby Presiding Officer ................................................. 4 D. Decorum...................................................................................................... 4 E. Votes Required to Take Action ....................................... 4 F. Voting Disqualification............................................................................... 4 G. Participation on Non - Profit Boards of Directors and Conflicts of Interest. 5 H. Mayor and Council Members to Avoid Improper Consideration of Pending or Contemplated Matters.......................................................... 6 V. ROLE OF THE MAYOR AND CITY COUNCIL............................................................. 6 A. Mayor and City Council Conduct in General .............................................. 6 B. Mayor and City Council Conduct with One Another ................................. 7 C. Mayor, City Council and City Manager Conduct with Staff ...................... 7 D. Mayor and City Council Conduct with the Public ...................................... 8 E. Mayor and City Council Conduct with Other Agencies ............................. 8 F. Mayor and City Council Conduct with Boards and Commissions ............. 9 G. Council Conduct with. StandingCity Council Committees ........................ 9 H. Mayor and City Council Conduct with the Media ...................................... 9 I. Obtaining the Floor................................................................................... 10 I VI. ROLE OF CITY STAFF................................................................................................... 10 VII. ROLE OF THE PUBLIC.................................................................................................. 11 VIII. MEETINGS....................................................................................................................... 12 A. Call to Order - Presiding Officer............................................................... 12 B. Roll Call.................................................................................................... 12 C. Quorum Call.............................................................................................. 12 D. City Council Meeting Schedule................................................................12 E. Adjourned Meetings................................................................................. 13 F. Special Meetings....................................................................................... 13 G. Closed Sessions......................................................................................... 13 H. Emergency Meetings................................................................................. 14 Ex
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IX. AGENDA 15
A.
A. Declaration of Policy................................................................................. 15 B.
B. Definitions................................................................................................. 15 C.
C. ProcedureFor Bringing Matters Before City Council.............................. 16 D. Precedence of Motions.............................................................................
1. PersonsWho May Place Matters on the Agenda ..........................16
1. Motion to Adjourn .........................................................................
2. SchedulingPublic Hearings Mandatedby State,
2. Motion to Lay On the Table..........................................................
Federal or Local Statute................................................................ 17
3. Motion to Call for the Question ( Close Debate) ...........................
3. Submission of Agenda Items......................................................... 17
4. Motion to Postpone to a Certain Time/ Day..................................
4. Preparation of the Packet............................................................... 17
5. Motion to Substitute......................................................................
5. Posting of Agenda......................................................................... 17
6. Motion to Amend.........................................................................
6. Distribution of the Packet.............................................................. 17
7. Motion to Reconsider...................................................................
7. Failure to Meet Deadlines............................................................. 18 E.
D. Agenda -SettingMeeting........................................................................... 20 E. Consent Calendar...................................................................................... 21 F. Agenda Sequence and Order of Business ................................................. 21 X. CONDUCT OF MEETING.............................................................................................. 22 A. Order of Discussion................................................................................... 22 B. ConsentCalendarItems Called up for Discussion .................................... 23 C. Communications from the Audience......................................................... 23 D. Public Hearings......................................................................................... 24 E. Public Discussion...................................................................................... 24 F. Time Limitation for Public Testimony at Public Hearings and Public Discussion............................................................................... 24 XI. FACILITIES...................................................................................................................... 25 A. Council Chamber Capacity....................................................................... 25 B. Alternate Facilities for City Council Meetings ......................................... 25 XII. PROCEDURAL MATTERS............................................................................................. 26 A. Persons Authorized. to Sit at Tables......................................................... 26 B. Decorum................................................................................................... 26 C. Enforcement of Decorum......................................................................... 27 D. Precedenceof Motions............................................................................. 27
1. Motionto Adjourn ......................................................................... 27
2. Motionto Lay On the Table.......................................................... 27
3. Motionto Call for the Question ( Close Debate) ........................... 28
4. Motionto Postponeto a CertainTime/Day.................................. 28
5. Motionto Substitute...................................................................... 28
6. Motionto Amend......................................................................... 28
7. Motionto Reconsider................................................................... 29 E. Rules of Discussion................................................................................... 29
1. Presiding Officer May Debate ....................................................... 29
2. Getting the Floor.......................................................................... 29
3. Interruptions................................................................................. 29
4. Division of Question.................................................................... 29
5. Withdrawal of Motion................................................................... 30
6. Voting............................................................................................ 30 41 1
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F. Addressing the City Council.................................................................... 30
1. Speakers....................................................................................... 30
2. Written Communications............................................................. 30
3. Public Hearings............................................................................ 30
4. Public Comment........................................................................... 31 G. Addressing the City Council After Motion Made .................................... 31 XIII. CITY COUNCIL STANDING COMMITTEES AND REGIONAL
ORGANIZATION REPRESENTATION......................................................................... 31 A. Standing Committee Number, Names, Composition, and
Appointments and Regional Organization Appointments ....................... 31 B. Referral of Matters to City Council Standing Committees ...................... 32 XIV. BOARD, COMMISSION, AND COMMITTEES........................................................... 36 XV. COUNCIL REQUESTS................................................................................................... 38 XVI. ADMINISTRATION....................................................................................................... 38 42