1 RESOLUTION NO. 23618
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERSIDE,
CALIFORNIA, ESTABLISHING RULES OF PROCEDURE AND ORDER OF 3 BUSINESS FOR THE CITY COUNCIL OF THE CITY OF RIVERSIDE AND 4 RELATED FUNCTIONS AND ACTIVITIES AND RESCINDING ALL PRIOR ACTIONS TAKEN THERETO, AND REPEALING RESOLUTION NO. 23559. 5 6 WHEREAS, it is the intent and desire of the City Council to conduct its business in an 7 orderly and fair manner; and
WHEREAS, there are certain basic rights of due process and opportunity to address issues 8 with equity, fairness, and equal protection of the law; and 9 WHEREAS, certain parliamentary procedures have been found to be useful in order to 10 assure that the communication and process of government are fair, reasonable, and just; and 11 WHEREAS, the City has a duty to proceed with the business of government in an efficient 12 and orderly fashion; and
13 WHEREAS, the City Council desires to establish uniform norms and procedures in order 14 to accomplish these goals.
15 BE IT RESOLVED by the City Council of the City of Riverside as follows:
16 That the following shall be the Rules of Procedure and Order of Business of the City 17 Council, and shall govern all proceedings of the City Council therein described, subject to the 18 exceptions and deviations provided for in such rules. 19 20 Violation of these rules shall not be construed as a penal offense, excepting that breach of the peace or willful failure to comply with the lawful orders of the City Council or its presiding 21 22 officer shall be punishable as misdemeanors under applicable law. 23 24 AUTHORITY
25 The Charter of the City of Riverside provides that the City Council shall determine its own 26 rules and order of business. By virtue thereof, and when not in conflict with the Charter of the 27 City of Riverside and the Constitution and laws of the State of California, the following set of rules shall be in effect upon adoption by the City Council and until such time as they are amended 28 City Attorney s Umce
3900 Main Street
Riverside, CA 92522
(951) 826-5567
1 1 or new rules adopted in the manner hereinafter provided and shall prevail to govern the order of 2 business of the City Council of the City of Riverside. 3 Il
4 ACT IN THE PUBLIC INTEREST
5 A. City Council and staff shall recognize that stewardship of the public interest must be the 6 primary concern.
7 B. City Council will work for the common good of the people of Riverside. 8 C. City Council will assure fair and equal treatment of all persons, claims and transactions 9 coming before the City Council and Boards and Commissions. 10 11 ADVOCACY
12 A. City Council shall represent the official policies or positions of the City Council when 13 designated as delegates for this purpose.
14 B. When representing their individual opinions and positions, City Council shall explicitly 15 state they do not represent the City Council of the City, nor will they allow the inference that they 16 do.
17 IV
18 DUTIES
19 A. DUTIES OF MAYOR: MAYOR PRO TEMPORE
20 The Mayor shall be the presiding officer at all meetings of the City Council and shall have 21 a voice in all its proceedings but shall not vote except for appointments to City Boards & 22 Commissions or to break a City Council tie-vote which exists for any cause. The Mayor shall be 23 the official head of the City for all ceremonial purposes. The Mayor shall have the primary but 24 not exclusive responsibility for interpreting the policies, programs and needs of the city 25 government to the people, and of informing the people of any major change in policy or program. 26 The Mayor shall advise the City Council on all matters of policy and public relations and perform 27 such other duties as may be prescribed by the City Charter. At any time before the adjournment 28 of a meeting, the Mayor may, by public declaration spread upon the minutes of the meeting, veto City Attorey's Uince
3900 Main Street
Riverside, CA 92522
(951) 826-5567
2 1 any formal action taken by vote of the City Council including any ordinance or resolution, except 2 an emergency ordinance, the annual budget or an ordinance proposed by initiative petition. 3 Thereupon, pending the vote to override the veto as herein provided, such ordinance, resolution or 4 action shall be deemed neither approved nor adopted. The Mayor shall, no more than twenty days 5 following the veto, provide to Council members, in writing, reasons for the Mayor's veto. If the 6 Mayor fails to provide a written veto message within the time allotted, the original action of the 7 City Council shall stand. At any regular or adjourned meeting held not less than thirty days, nor 8 more than sixty days after veto the City Council shall reconsider such ordinance, resolution or 9 action and vote on the question of overriding the veto. Five affirmative votes shall be required for 10 its adoption or approval. The Mayor shall have no right to veto the veto override of any 11 ordinance, resolution or action.
12 In the absence of the Mayor, the Mayor Pro Tempore shall assume the duties of the 13 Mayor. The Mayor Pro Tempore shall be appointed from members of the City Council on the 14 following ward rotational basis with each member serving for a term of six months: Ward 7, 15 Ward 6, Ward 5, Ward 4, Ward 3, Ward 2, and Ward 1 or as otherwise determined by the City 16 Council. In the event the Mayor and Mayor Pro Tempore are absent, the Councilmember last 17 serving as Mayor Pro Tempore shall be assigned said role. The Mayor Pro Tempore shall 18 conduct the City Council meetings and shall vote only as a member of the City Council, not as 19 Mayor Pro Tempore. In the event of a tie-vote, the Mayor Pro Tempore shall not have a tie- 20 breaking vote and City Council vote shall be recorded as a negative or "nay" vote. The Mayor 21 Pro Tempore shall not have the power to veto acts of the City Council. 22 In addition to the duties enumerated above, the Mayor Pro Tempore shall be responsible 23 for the coordination of any special or annual evaluation of the City Manager, City Attorney or the 24 City Clerk. Said responsibility may include but not be limited to the distribution, collection and 25 tabulation of any written evaluations; and the calendaring of any closed session during which time 26 the evaluations shall be conducted.
27 The Mayor Pro Tempore shall also use their best efforts to participate in the agenda- 28 setting meeting, as set forth in Article I(D) below, preceding each City Council meeting.
City Attorney s Litce
3900 Main Street
Riverside, CA 92522
(953) 826-5567
3 1 B. DUTIES OF MAYOR AND COUNCIL MEMBERS
2 Promptly at the hour set by law on the date of each regular meeting, the Mayor and 3 Councilmembers shall take their regular stations in the Art Pick Council Chamber and the 4 business of the City Council shall be taken up for consideration and disposition. 5 C. MOTIONS TO BE STATED BY PRESIDING OFFICER
6 When a motion is made, it shall be stated by the presiding officer or the City Clerk before 7 debate.
8 D. DECORUM
9 While the City Council is in session, the members must preserve order and decorum, and a 10 member shall not, by conversation or otherwise, delay or interrupt the proceedings or the peace of 11 the City Council nor disturb any member while speaking, nor refuse to obey the orders of the City 12 Council, or the presiding officer, except as otherwise herein provided. 13 E. VOTES REQUIRED TO TAKE ACTION
14 Unless a higher vote is required by provisions of the City Charter, the affirmative votes of 15 at least four members of the City Council shall be required in order for the City Council to take 16 action on an item of business or the adoption of any ordinance or resolution, or for the making or 17 approving of any order for the payment of money.
18 Any ordinance declared by the City Council to be necessary as an emergency measure as 19 hereinafter defined may be introduced and adopted at one and the same meeting if passed by at 20 least five affirmative votes.
21 At any meeting after the adoption of the City's budget, the City Council may amend or 22 supplement the budget by motion adopted by the affirmative votes of at least five members so as 23 to authorize the transfer of unused balances appropriated for one purpose to another purpose or to 24 appropriate available funds not included in the budget. 25 F. VOTING DISQUALIFICATION
26 Neither the Mayor nor any Council member who is disqualified shall vote upon the matter 27 on which the member is disqualified. Any member shall openly state that they are abstaining 28 because of a disqualifying financial or other conflict of interest. The Mayor or any City Attorney s Unice
3900 Main Street
Riverside, CA 92522
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4 1 councilmember who is disqualified due to a financial interest shall publicly identify the financial 2 interest in detail sufficient to be understood by the public except that disclosure of the exact street 3 address of a residence is not required. As to any other conflict of interest, the member's 4 determination may be accompanied by an oral or written disclosure of such conflict of interest. A 5 member who is disqualified by a conflict of interest in any matter shall not remain in the 6 member's chair during the discussion and vote on such matter unless the matter has been placed 7 on the consent agenda.
8 G. PARTICIPATION ON NON-PROFIT BOARDS OF DIRECTORS AND CONFLICTS 9 OF INTEREST.
10 It shall be the policy of this Council that the Mayor and members of the City Council 11 should not serve as members of the board of directors of a non-profit corporation which is 12 receiving or will be reasonably likely in the future to seek and/or receive funding from the City of 13 Riverside so as to avoid any appearance of a conflict of interest. 14 In the event that the Mayor and/or a member of the City Council serves as a non- 15 compensated member of the board of directors of a non-profit corporation, then a contract may be 16 made between the City of Riverside and the non-profit corporation provided that:
17 • The public official discloses his/her participation on the non-profit corporation's 18 board of directors to the City Council at the time the City Council is considering the contract with 19 the non-profit corporation;
20 • The public official's interest as a member of the non-profit corporation's board of 21 directors is noted in the official minutes of the City Council meeting; and 22 • The public official disqualifies themselves from any vote, deliberation or influence 23 on the matter before the City Council.
24 Furthermore, if it is determined based upon a factual analysis that the Mayor or a City 25 Council member serves as a non-compensated member of the board of director of a non-profit 26 corporation, and that the non-profit supports functions of the City as one of its primary purposes, 27 then the public official is determined to have a "non-interest" and may therefore participate in the 28 deliberation and vote on the matter before it. However, the public official's interest as a member City Attorney s Umce
3900 Main Street
Riverside, CA 92522
(951) 826-5567
5 1 of the non-profit corporation's board of directors must be noted in the official minutes of the City 2 Council meeting.
3 Further, the City Manager, City Attorney and City Clerk shall not serve as a member of 4 the board of directors of a non-profit corporation which is receiving or will be reasonably likely in 5 the future to seek and/or receive funding from the City of Riverside so as to avoid any appearance 6 of a conflict of interest.
7 H. MAYOR AND COUNCIL MEMBERS TO AVOID IMPROPER CONSIDERATION OF 8 PENDING OR CONTEMPLATED MATTERS
9 Open Mind. The Mayor and Councilmembers will make every effort not to pledge or 10 promise to vote in any particular manner on any matter pending before it. 11 12 ROLE OF THE MAYOR AND CITY COUNCIL
13 A. MAYOR AND CITY COUNCIL CONDUCT IN GENERAL
14 1. Mayor and Councilmembers shall treat everyone with courtesy. 15 2. Inappropriate behavior is derogatory and damages the perception of the City. 16 3. While the City Council is in session the Mayor, Councilmembers and City staff 17 shall preserve strict order and decorum. Neither the Mayor nor any Councilmember shall delay or 18 interrupt the proceedings of the City Council or interrupt any member while speaking. 19 4. Councilmembers should use the speaker sequencing system to indicate to the 20 presiding officer that they want to speak. The presiding officer will acknowledge them before 21 they begin speaking.
22 5. Any Councilmember shall have the right to express dissent from, or protest to, or 23 comment upon, any action of the City Council.
24 6. Once a vote is taken on an issue, Councilmembers will support the law made by 25 the City Council. If a Councilmember wants an issue to be reconsidered, he/she will make a 26 motion to reconsider as provided for in Section XII of these Rules of Procedure. When possible, 27 the City Council should attempt to reach consensus on an issue. When this is not possible, the 28 majority vote shall prevail. However, the City Council shall respect the opinion of the minority.
City Attorneys Lance
3900 Main Street
Riverside, CA 92522
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6 1 7. The Mayor and City Council shall publicly share substantive information, which 2 they may have received from sources outside the public decision-making process that is relevant 3 to a matter under consideration by the City Council.
4 8. Allow for everyone's opinion to be heard and respected, even if they do not win 5 the vote or prevail on the issue. Strive for a win-win situation by respecting diverse opinions. 6 9. Councilmembers will allow room for dialogue. When discussing an agenda item, 7 the City Council will allow the opportunity to dialogue with each other to build consensus on an 8 item.
9 10. Any member of the City Council may move to require the presiding officer to 10 enforce the rules and an affirmative vote of a majority of Council members present shall be 11 required to do so.
12 B. MAYOR AND CITY COUNCIL CONDUCT WITH ONE ANOTHER
13 1. The Mayor and City Council will value each other's time. 14 2. All Councilmembers have the opportunity to speak and agree to disagree. 15 3. The City Council will avoid negative comments that could offend other 16 Councilmembers during public meetings, in the press, or any other time. 17 4. The City Council will practice civility and decorum in discussions and debate. 18 5. The presiding officer has an affirmative duty to maintain order. The City Council 19 will honor the role of the presiding officer in maintaining order. 20 C. MAYOR, CITY COUNCIL AND CITY MANAGER CONDUCT WITH STAFE 21 1. Mayor and Councilmembers should always feel free to speak directly with the City 22 Manager on matters of interest or concern to them.
23 2. The Mayor, City Council, City Manager and City Staff shall respect and adhere to 24 the City's form of government, which is a Charter City operating under a Council-Manager form 25 of government, with the City Council acting as the legislative body of the City. The City Council 26 is the visionary policy maker and staff is responsible for implementation of City Council policies. 27 3. The City Council directs the City Manager to implement City Council policy 28 decisions through the administrative functions of the City.
City Attornev s Unce
on Main Street
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(951) 826-5567
7 1 The Mayor and City Council shall treat staff professionally. 2 5. When possible, the Mayor and City Council should attempt to seek answers to 3 questions on an item on the agenda, from the City Manager, City Attorney, City Clerk or 4 Department/Division Head prior to the meeting.
5 6. The Mayor and Councilmembers will not get involved in personnel issues except 6 during a closed session where personnel issues may be discussed or as otherwise appropriate 7 concerning the City Manager, City Attorney, City Clerk or other staff appointed by the City 8 Council. This includes hiring, firing, promoting, disciplining, and all other forms of personnel 9 matters.
10 If a Councilmember is unhappy about a department or an employee he/she may 11 discuss the situation with the City Manager, Assistant City Manager, or the City Attorney or City 12 Clerk as appropriate.
13 D. MAYOR AND CITY COUNCIL CONDUCT WITH THE PUBLIC
14 1. The Mayor and City Council will make the public feel welcome. 15 2. The Mayor and City Council shall not be partial, prejudiced or disrespectful 16 toward the public.
17 The Mayor and City Council should not make snappy, sarcastic comments to the 18 public or to each other.
19 4. The Mayor and City Council shall treat members of the public equally. 20 5. The Mayor and City Council members shall make no promises to the public on 21 behalf of the City Council.
22 The Mayor and City Council shall not argue with members of the public. 23 7. The Mayor and City Council shall listen courteously and attentively to all public 24 comments before the City Council.
25 E. MAYOR AND CITY COUNCIL CONDUCT WITH OTHER AGENCIES 26 1. The Mayor and City Council shall be clear about representing the City or personal 27 interests to members of other agencies.
28 City Attorney's Umce
3900 Main Street
Riverside, CA 92522
(951) 826-5567
8 2. The Mayor and City Council shall project a positive image of the City when 2 dealing with other agencies.
3 The Mayor and individual Councilmembers can lobby or discuss with other 4 legislators, government officials or developers issues that have been adopted by the City Council 5 or are City Council policy; they should not represent themselves as the City if it is only an 6 individual issue.
7 The Mayor and City Council shall show tolerance and respect for other agencies' 8 opinions and issues and agree to disagree with them when necessary. 9 F. MAYOR AND CITY COUNCIL CONDUCT WITH BOARDS AND COMMISSIONS 10 1. The Mayor and City Council works through the board/commission chairs. 11 2. The Mayor and City Council shall treat all members of Boards and Commissions 12 with appreciation and respect.
13 3. It has been the practice of the Mayor and City Council to not participate in Board 14 and Commission meetings for the purpose of, and to avoid perception of, influencing the outcome 15 of said meetings.
16 COUNCIL CONDUCT WITH STANDING CITY COUNCIL COMMITTEES 17 1. Government Code section 54952.2 defines a meeting of the legislative body of the 18 City of Riverside and provides certain limitations on the attendance of its members. 19 2. A member of the City Council, who is not a member of the standing committee, 20 may attend an open and noticed meeting of a standing committee of the City Council, provided 21 that they attend only as observers and do not participate in any discussion. 22 H. MAYOR AND CITY COUNCIL CONDUCT WITH THE MEDIA
23 The Mayor and City Council shall never go "off the record", discuss information 24 pertaining to closed sessions, personnel, litigation or acquisition of property items, when dealing 25 with the media. Providing background information is acceptable. 26 27
28 City Attorney s Untice
3900 Main Street
Riverside, CA 92522
(951) 826-5567
9 1 I. OBTAINING THE FLOOR
2 Any member of the City Council wishing to speak must further obtain the floor by 3 being recognized by the presiding officer. The presiding officer must recognize any 4 Councilmember who seeks the floor when appropriately entitled to do so. 5 With the concurrence of the presiding officer, a Councilmember holding the floor 6 may address a question to another Councilmember and that Councilmember may respond while 7 the floor is still held by the Councilmember asking the question. A Councilmember may opt not 8 to answer a question while another Councilmember has the floor, 9 VI
10 ROLE OF CITY STAFF
11 A. City staff will provide written analysis and information on all agenda items prior to the 12 meetings. Additionally, a copy of the materials, including technical reports will be available to 13 the public.
14 B. Staff will be available to answer questions of the City Council prior to and during City 15 Council meetings.
16 C. Staff will respond to questions from the public during City Council meetings when 17 requested to do so by the Mayor, City Council, or City Manager. 18 D. Staff will not argue with the public or the City Council. 19 E. During City Council meetings staff shall turn off or switch any electronic equipment such 20 as pagers and cellular telephones to a silent mode.
21 F. Councilmembers and staff who participate in meetings with outsiders should be apprised 22 of any follow-up correspondence to that party, particularly if there is some controversy; the City 23 Manager and all Councilmembers should get copied on all correspondence. 24 G. Staff will remain objective on issues. Staff should not be an advocate for issues unless so 25 directed by the City Council. Rather, they should promote or assist the efforts of City Council. 26 H. Staff will inform City Council as soon as possible of upcoming issues, particularly issues 27 that will impact the City significantly and may be coming before City Council on short notice. 28 City Attomeys Wince
3900 Main Street
Riverside, CA 92522
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10 1 I. Staff will provide each Councilmember with written notification of any meetings or 2 discussions relative to any development project in the Councilmember's respective ward. Each 3 Councilmember may, at their option, follow up with staff regarding the details of the project and 4 any policy issues that may be coming before the City Council. 5 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 7 Councilmembers whose ward the issue concerns.
8 K. The City Manager will advise management to become aware of and sensitive to 9 potentially political or controversial issues coming before the City Council. 10 L. City staff will implement all City Council policies as directed by the City Manager; staff 11 will not implement any actions for the City without prior approval of the City Council and City 12 Manager.
13 VII
14 ROLE OF THE PUBLIC
15 A. Members of the public attending the City Council meetings are requested to observe the 16 same rules and decorum applicable to the City Council and staff. 17 B. All speakers must approach the podium when recognized by the presiding officer. 18 Members of the public shall only speak from the podium. 19 C. Members of the public shall turn off or switch any electronic equipment such as pagers 20 and cellular telephones to a silent mode while attending a City Council meeting. 21 D. If a member of the public desires to provide written correspondence (11 copies 22 recommended) to the City Council, all such materials shall be given directly to the City Clerk 23 prior to the meeting, or if during the course of the meeting, the materials shall be given to the City 24 staff on the dais. At no time shall the public enter the well to provide the materials directly to 25 members of the City Council.
26 27
28 City Attorney s Umee
3900 Main Street
Riverside, CA 92522
(951) 826-5567
11 1 VIII
2 MEETINGS
3 A. CALL TO ORDER - PRESIDING OFFICER
4 The Mayor, or in the Mayor's absence the Mayor Pro Tempore, shall take the chair at the 5 hour appointed for the meeting and shall immediately call the City Council to order. Upon the 6 arrival of the Mayor, the Mayor Pro Tempore shall immediately relinquish the chair at the 7 conclusion of the business presently before the City Council. 8 B. ROLL CALL
9 Before the City Council shall proceed with the business before it, the City Clerk shall 10 enter into the minutes the names of the Mayor and those Councilmembers present. The later 11 arrival of any absentee shall also be entered into the minutes. 12 C. QUORUM CALL
13 During the course of the meeting, should the presiding officer note a City Council quorum 14 is lacking, the presiding officer shall call this fact to the attention of the City Clerk. The presiding 15 officer shall issue a quorum call. If a quorum has not been restored within two minutes of a 16 quorum call, the Chair may declare a recess for a reasonable period of time in order to reestablish 17 a quorum or the meeting shall be deemed automatically adjourned. 18 D. CITY COUNCIL MEETING SCHEDULE
19 Regular meetings of the City Council shall be held in the Art Pick Council Chamber, 3900 20 Main Street, Riverside, California, on the first four Tuesdays of each month, taking into 21 consideration any legal holidays which may occur. There shall be no meeting on the fifth 22 Tuesday of the month. For the months of July, August and September, meetings shall occur on 23 the first and third Tuesdays of the month.
24 Regular meetings of the City Council shall commence at approximately 1:00 p.m., and 25 shall include oral communication from the public followed by any closed sessions, workshops, 26 public hearings, or other business, as necessary. Public hearings shall commence at 27 approximately 3:00 p.m. Evening sessions shall begin at approximately 6:15 p.m. and shall 28 include an additional period for oral communications from the public at 7:00 p.m. One meeting City Attorney's tice:
3900 Main Street
Riverside, CA 92522
(951) 826-5567
12 1 each month shall be reserved for City Council workshops. City Council meetings may be 2 canceled for lack of agenda items.
3 The appointed hours noted herein are set forth for the convenience of the City Council and 4 are subject to change.
5 E. ADJOURNED MEETINGS
6 The City Council may adjourn any regular, adjourned regular, special or adjourned special 7 meeting to a time and place specified in the order of adjournment as permitted by law and in 8 compliance with Chapter 4.05 of the Riverside Municipal Code. 9 F. SPECIAL MEETINGS
10 The Mayor or a majority of the City Council may call a special meeting by providing 11 notice five (5) days in advance of the meeting to the Mayor, all members of the City Council, to 12 all media outlets, and to persons having requested notification pursuant to State law. 13 G. CLOSED SESSIONS
14 The City Clerk or his/her designee shall attend each closed session of the City Council and 15 keep and enter in a minute book a record of topics discussed and decisions made at the meeting. 16 In the event of a closed session concerning personnel matters conducted in conformance with 17 California Government Code section 54957, the Mayor Pro Tempore or his/her designee shall 18 enter in a minute book a record of the topics discussed and decisions made at the meeting. The 19 minute book is not a public record subject to inspection pursuant to the California Public Records 20 Act (California Government Code section 6250 et seq.), and shall be kept confidential. The 21 minute book shall be available only to members of the legislative body or, if a violation of 22 California Government Code sections 54950 through 54962 is alleged to have occurred at a 23 closed session, to a court of general jurisdiction wherein the local agency lies. 24 All proper matters discussed during closed sessions shall be private and confidential, and 25 the disclosure by any person of the topics or details of such matters is expressly prohibited. If a 26 Councilmember feels it is necessary, then preliminary notes may be taken which should not be 27 kept as the Councilmembers permanent records. All closed session information, verbal or 28 written, is confidential and private.
City Attorney's Unce
3900 Main Street
Riverside, CA 92522
(951) 826-5567
13 1 H. EMERGENCY MEETINGS.
2 In the case of an emergency situation involving matters upon which prompt action is 3 necessary due to the disruption or threatened disruption of public facilities, the City Council may 4 hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Section 54956 or both of the notice and posting requirement. 6 Each local newspaper of general circulation and radio or television station that has 7 requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding 8 officer of the legislative body, or designee thereof, one hour prior to the emergency meeting, or, 9 in the case of a dire emergency, at or near the time that the presiding officer or designee notifies 10 the members of the City Council of the emergency meeting. This notice shall be given by 11 telephone and all telephone numbers provided in the most recent request of a newspaper or station 12 for notification of special meetings shall be exhausted. In the event that telephone services are 13 not functioning, the notice requirements of this section shall be deemed waived, and the 14 legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, 15 or television stations of the fact of the holding of the emergency meeting, the purpose of the 16 meeting, and any action taken at the meeting as soon after the meeting as possible. 17 During an emergency meeting, the City Council may meet in closed session pursuant to 18 Section 54957 if agreed to by a two-thirds vote of the members of the City Council present, or, if 19 less than two-thirds of the members are present, by an unanimous vote of the members present. 20 All special meeting requirements, as prescribed in Section 54956 shall be applicable to an 21 emergency meeting, with the exception of the 24-hour notice requirement. 22 The minutes of an emergency meeting, a list of persons who the presiding officer of the 23 City Council, or designee of the City Council, notified or attempted to notify, a copy of the roll 24 call vote, and any actions taken at the meeting shall be posted for a minimum of ten days in a 25 public place as soon after the meeting as possible.
26 27
28 City Aftomney s Uttce
3900 Main Street
Riverside, CA 92522
(951) 526-5567
14 1 IX
2 AGENDA
3 A. DECLARATION OF POLICY
4 No ordinance, resolution, or item of business shall be introduced or acted upon before the 5 City Council at its meeting without it having been published on the agenda of the meeting and 6 posted in accordance with Riverside Municipal Code Title 4 and California Government Code 7 section 54954.2(a) as the same now exist or hereafter amended. Exceptions to this rule are 8 limited to those provided by State law and matters of business remaining uncompleted from a 9 regular meeting.
10 B. DEFINITIONS
11 For purposes of this section, the terms listed herein shall be defined as follows:
12 1. "Agenda Item" means an item placed on the agenda irrespective of location (save 13 and except for matters raised under Oral Communications) to be transacted or discussed by the 14 City Council. For purposes of this Section, any quasi-judicial appeals shall be considered action 15 items in accordance with California Government Code section 54952.6 as the same now exists or 16 hereafter may be amended.
17 Each agenda item shall contain a brief general description of each item of business to be 18 transacted or discussed at the meeting in accordance with California Government Code section 19 54954.2 as the same now exists or hereafter may be amended, whether the matter is to be 20 presented in Closed Session, on the Consent Calendar, the Discussion Calendar, the Public 21 Hearing Calendar, or such other time as may be scheduled. 22 Each agenda item shall be supported by all relevant documentation, which may include 23 but not be limited to the following as applicable:
24 a. The need therefore and the department or departments involved or affected 25 thereby;
26 b. Recommendation of the City Manager, if applicable; 27 c. Comments of the City Attorney, if the item involves legal issues; 28 Past City Council actions or practices, if any, relating to such matter; City Attorney sUItce
3900 Main Street
Riverside, CA 92522
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15 1 e. Past legislative history or hearings, if any;
2 f. Financial benefits or costs which would accrue to the City as a result of the 3 recommended action;
4 g. For awards of contracts, the contracts shall be prepared and presented; 5 h. If funds are requested, the budgetary source of funds; 6 i. Person or persons to contact for further information; j. Estimated balances shall be included for appropriations from General Fund 8 Contingency Reserve and supplemental appropriations from fund balance. 9 2. "Agenda" means the compilation of the descriptive titles of agenda items 10 submitted to the City Clerk, arranged in the sequence established in Section IX.B. hereof. 11 3. "Packet" means the Agenda and all supporting documentation. 12 4. "Emergency Situation" means both of the following:
13 An emergency, which shall be defined as a work stoppage, crippling 14 activity, or other activity that severely impairs public health, safety, or both, as determined by a 15 majority of the members of the City Council.
16 b. A dire emergency, which shall be defined as a crippling disaster, mass 17 destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and 18 significant that requiring a legislative body to provide one-hour notice before holding an 19 emergency meeting may endanger the public health, safety, or both, as determined by a majority 20 of the members of the City Council.
21 "Items Carried Over" means items uncompleted from a prior agenda of a City 22 Council meeting.
23 C. PROCEDURE FOR BRINGING MATTERS BEFORE CITY COUNCIL 24 Persons Who May Place Matters On The Agenda
25 Except for matters pending before any committee, commission or other advisory body of 26 the City or the City Council, matters pertinent to and within the jurisdiction of the City may be 27 placed on the agenda by the Mayor, any Councilmember, the City Manager, City Attorney or City 28 Clerk.
City Attorney s Unce
3900 Main Street
Riverside, CA 92522
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16 1 2. Scheduling Public Hearings Mandated By State, Federal or Local Statute. 2 The City Clerk may schedule a public hearing at any available time and date in those cases 3 where State, Federal or local statute mandates the City Council hold a public hearing. 4 3. Submission of Agenda Items.
5 Except for Items Carried Over, as a condition to placing an item on the Council's agenda, 6 by the Mayor, any Councilmember, the City Manager, the City Attorney or the City Clerk, a City 7 Council report should be prepared and submitted to the City Clerk not later than 12:00 p.m. of the 8 fifteenth (15th) day prior to each regular City Council meeting at which the item shall be heard. 9 4. Preparation of the Packet.
10 Not later than 5:00 p.m. twelve (12) days prior to each regular City Council meeting, the 11 City Clerk shall prepare the packet. No item shall be considered by the City Council if not 12 included in the packet, except as provided in section 4.05.050 of the Riverside Municipal Code. 13 5. Posting of Agenda.
14 The City Clerk shall post the agenda of each City Council Regular or Adjourned Regular 15 Meeting at least twelve (12) days in advance of said meeting in a location that is freely accessible 16 to members of the public. The City Clerk shall maintain an affidavit indicating the location, date 17 and time of posting each agenda.
18 6. Distribution of the Packet.
19 Not later than 6:30 p.m. twelve (12) days prior to each regular City Council meeting, the 20 City Clerk shall distribute the packet to the Mayor, each member of the City Council, the City 21 Manager and the City Attorney. Twelve (12) days prior to each regular City Council meeting, 22 the City Clerk shall distribute the packet to the designated department directors, and such other 23 persons or institutions as the City Clerk shall deem necessary or appropriate. Paper or electronic 24 copies of the packet shall be made for the news media and such other organizations, agencies, 25 institutions or persons as may wish to subscribe to receipt thereof, and the City Clerk will make 26 the packet available electronically on the City's webpage. 27 28
City Attorney s Umee
3900 Main Street
Riverside, CA 92522
(951) 626-5567
17 1 Failure to Meet Deadlines.
2 a. The City Clerk shall not, without the consent of the City Manager or City 3 Attorney, accept any agenda item or revised agenda item after the deadlines established hereby. 4 Supplemental Agenda And Related Materials Requirements For Regular Meetings 5 Of The City Council and City Council Standing Committees. Notwithstanding the notice 6 provisions of Section 4.05.050(A) of the Riverside Municipal Code, the City Council and City 7 Council Standing Committees, may amend or supplement a posted agenda or agenda-related 8 materials no later than 72 hours before a regular meeting and only for the following reasons or 9 under the following conditions:
10 (i) to add an item due to an emergency or urgency, provided the local body 11 makes the same findings as required by Section 4.05.050(D) of the Riverside Municipal Code 12 before taking action;
13 (ii) to delete or withdraw any item from a posted agenda however, nothing 14 herein shall limit the ability of a local body to delete or withdraw an item during the meeting; 15 (iii) to provide additional information to supplement the agenda-related material 16 previously published with the agenda provided that the additional information was not known to 17 staff or considered to be relevant at the time the agenda-related materials were filed. Examples of 18 supplemental material permitted by this Section are reports responding to questions or requests 19 raised by members of a local body after posting and filing of the twelve-day agenda and materials, 20 and analyses or opinions of the item by the Office of the City Attorney, any member of the City 21 Council, or the Mayor;
22 (iv) to correct errors or omissions, or to change a stated financial amount, or to 23 clarify or conform the agenda title to accurately reflect the nature of the action to be taken on the 24 agenda time;
25 (v)
to continue an agendized item to a future regular meeting of the local body 26 provided that members of the public are given an opportunity to address the local body on the 27 limited question whether to continue the item to a future meeting. 28 City Attomey s Unice
3900 Main Street
Riverside, CA 92522
(951) 526-5567
18 1 c. Excuse Of Sunshine Notice Requirements. If an item appears on an agenda but 2 the local body fails to meet any of the additional notice requirements under this Section, the local 3 body may take action only if:
4 (i) The minimum notice requirements of the Riverside City Charter and the 5 Brown Act have been met; and,
6 (ii) The local body, by a two-thirds vote of those members present, adopts a 7 motion determining that, upon consideration of the facts and circumstances, it was not reasonably 8 possible to meet the additional notice requirements under this Section and any one of the following exists:
10 a. the need to take immediate action on the item is required to avoid a 11 substantial impact that would occur if the action were deferred to a subsequent special or regular 12 meeting; or,
13 b. there is a need to take immediate action which relates to federal, state, 14 county or other governmental agency legislation or action or the local body's eligibility for any 15 grant or gift; or,
16 c. the item relates to a purely ceremonial or commendatory action. 17 (iii) Notwithstanding the provisions of this subsection, if the Mayor or a 18 Council Member, with the concurrence of another Council Member, believe an item is urgent, and 19 the failure to meet any additional notice requirements was due to:
20 a. the need to take immediate action, which came to the attention of the 21 local body after the agenda was posted, or;
22 b. a software or hardware impairment as defined by Section 4.05.010(H) of 23 the Riverside Municipal Code and such additional notice requirements are satisfied no later than 24 seventy-two (72) hours before the date of the meeting; or, 25 (iv) The item is a closed session item relating to ongoing, proposed or 26 threatened litigation.
27 28
City Attorney s Urce
3900 Main Street
Riverside, CA 92522
(951) 826-5567
19 1 d. Action On Items Not Appearing On The Agenda. Notwithstanding subsection 2 (C) of this Section, a local body may take action on items not appearing on a posted agenda only 3 if:
4 (i) The Matter Is An Emergency, Upon a determination by a majority vote of the 5 local body that a work stoppage, crippling disaster or other activity exists which severely impairs public health, safety or both.
7 D. AGENDA-SETTING MEETING
8 1. The City Council agenda-setting meeting normally takes place on Wednesdays, 9 and sets the following two City Council agendas, but can be rescheduled, if necessary. 10 2. The members include the Mayor, Mayor Pro Tem, City Manager, City Attorney, 11 City Clerk, and Assistant City Managers. In the event that any of these representatives cannot 12 attend the meeting, they may send a representative in their place. 13 3. The City Clerk, as the City official who manages and publishes the agenda, shall 14 serve as the chairperson.
15 4. The role of the Mayor and Mayor Pro Tem, in addition to collaborating as team 16 members with executive management to set the agenda, is to track City Councilmembers' referred 17 items and ensure they are placed on the agenda. If an item is not addressed in the timeframe 18 noted, the Mayor Pro Tem will provide written notification to the City Councilmember(s) who 19 made the referral. The City Clerk's Master Meeting Calendar will be used as the tracking tool. 20 When a City Councilmember refers an item to be placed on the agenda, a 21 timeframe must be included. It will include the Councilmember's name, and the specific type of 22 item requested (action vs. discussion). City Council items should always be considered a priority 23- for scheduling.
24 6. Any City Councilmember may attend at the invitation of the Mayor Pro Tem 25 (provided it does not violate quorum rules).
26 27
28 City Attorney's vince
3000 Main Strapt
Riverside, CA 92522
(951) 826-5567
20 1 CONSENT CALENDAR
2 There shall be a consent calendar on all regular meeting agendas on which shall be 3 included those matters which the Mayor, Councilmembers, and City Manager deem to be routine 4 in nature and not likely to be subject to debate or inquiry. 5 All items for presentation on the consent calendar shall conform to the format, guidelines 6 and deadlines set out in Section B, above. On any matter not requiring immediate action, 7 Councilmembers are encouraged to utilize a Motion to Postpone to a Time/Date Certain, as 8 opposed to a Motion to Table the matter, in order to have substantive issues addressed further. 9 It is the policy of the City Council that Councilmembers wishing to ask questions 10 concerning consent calendar items should ask questions of the City Manager or staff person who 11 submitted the report prior to the City Council meeting so that the need for discussion of consent 12 calendar items can be minimized.
13 AGENDA SEQUENCE AND ORDER OF BUSINESS
14 1. The City Council agenda is to be arranged in the following order and sections:
15 a. Workshops or Discussion Calendar.
16 b. Joint session of the City Council and all other related agencies meeting to 17 receive oral communications from the public regarding closed session agenda items, or matters 18 within the jurisdiction of any such governing bodies. 19 C. Legislative report.
20 d. Closed Sessions.
21 e. Public Hearings/Land Use Appeals.
22 f. Brief reports on conferences, seminars and regional events; Ward updates; 23 Council comments; and announcements of upcoming events shall commence at 6:15 p.m. 24 g. Ceremonial Matters.
25 h. Oral communications from the audience regarding consent calendar items 26 or matters within the jurisdiction of the City. Oral Communications shall commence at 27 approximately 7:00 p.m., and may be moved or continued to later in the Council meeting at the 28 discretion of the presiding officer, with the concurrence of the City Council.
City Attorney s Umce
3900 Main Street
Riverside, CA 92522
(951) 826-5567
21 1 i. Consent Calendar.
2 Removal of items from the Consent Calendar, shall be followed by one motion for action 3 on uncontested Consent Calendar Items. Thereafter, removed consent items will be discussed 4 immediately after the Discussion Calendar.
5 j. Discussion Calendar.
6 Pulled consent calendar items, if any.
7 1. Mayor/Councilmember Communications.
8 m. Adjournment.
9 10 CONDUCT OF MEETING
11 A. ORDER OF DISCUSSION
12 The order of discussion after introduction of an item by the presiding officer will be as 13 follows:
14 Generally
15 a. Staff comments, information and reports, followed by questions from the 16 Mayor and Councilmembers.
17 b. Public comments and information followed by questions from the Mayor 18 and Councilmembers.
19 c. City Council discussion, motion and action.
20 Public Hearings
21 a. Staff comments, information and reports, followed by questions from the 22 Mayor and Councilmembers.
23 b. Public comments and information followed by questions from the Mayor 24 and Councilmembers.
25 c. Closure of public hearing.
26 d. Mayor and Council discussion, motion and action.
27 28
City Attorney sUmice
3900 Mat Street
Riverside, CA 92522
(951) 826-5567
22 1 Appeals/Quasi-Judicial Hearings.
2 a. Staff comments, information and reports followed by questions from the 3 Mayor and Councilmembers.
4 b. Appellant/proponent comments, information and reports followed by 5 questions from the Mayor and Councilmembers.
6 c. Public comments, information and reports from others wishing to speak on 7 the item followed by questions from the Mayor and Councilmembers. 8 d. Closing statements by appellant/proponent limited to addressing comments 9 made in opposition.
10 e. Closure of public testimony.
11 f. Mayor and City Council discussion, motion and action. 12 Once the agenda item is placed before the City Council for discussion, motion and action, 13 no staff member nor member of the public shall be allowed to address the City Council without 14 the consent of the City Council.
15 B. CONSENT CALENDAR ITEMS CALLED UP FOR DISCUSSION
16 The Mayor, any Councilmember, or the City Manager may request that any matter be 17 removed from the Consent Calendar. If a matter placed on a Consent Calendar at a regular 18 business meeting is removed, it will be discussed immediately after adoption of the Discussion 19 Calendar. All matters remaining on the Consent Calendar and which have not been removed 20 shall be approved by a single action, such single action to have the legal effect of individual 21 action on each matter. The presiding officer or City Clerk shall read into the record each item on 22 the Consent Calendar which has been removed
23 C. COMMUNICATIONS FROM THE AUDIENCE.
24 A portion of each agenda of a regular meeting of the City Council shall provide an 25 opportunity to members of the public to address the City Council on any issue concerning City 26 business, including closed session, consent calendar items, or item of interest that is within the 27 subject matter jurisdiction of the City ("Oral Communications"). 28 City Attomeys Unce
3900 Main Street
Riverside, CA 92522
(951) 826-5567
23 1 The Mayor and members of the City Council may:
2 Briefly respond to statements made or questions posed by members of the public. 3 2. Ask questions for clarification.
4 3. Provide a reference to staff or other resources for factual information. 5 4. Request staff to report back to the City Council at a subsequent meeting on any 6 matter.
7 Take action to direct staff to place a matter of business on a future agenda. 8 The City Council retains the right, by majority vote, to alter the time allotted for public 9 remarks. Each person desiring to address the City Council during Oral Communications, City 10 Council Discussion Items, Workshops, or Public Hearings shall fill out and file a form provided 11 by the City Clerk. Requests to be heard may be submitted to the City Clerk any time prior to the 12 conclusion of public comment on the agenda item. Each person speaking shall limit his/her 13 remarks to three (3) minutes. For each and every public speaker, the presiding officer shall be 14 required to utilize the timing system which provides them with notice of their remaining time to 15 complete their presentations.
16 D. PUBLIC HEARINGS
17 The City Council or City Clerk shall set the time and place for each public hearing. In 18 the conduct of the public hearing, the presiding officer will direct those making presentations to 19 avoid repetition in order to permit maximum information to be provided the City Council 20 within the time allotted to the hearing
21 E. PUBLIC DISCUSSION
22 The City Council may, from time to time, schedule a matter for a public meeting. At 23 the scheduled time for public discussion, the City Council may state the amount of time to be 24 allotted for testimony from the public.
25 TIME LIMITATION FOR PUBLIC TESTIMONY AT PUBLIC HEARINGS AND 26 PUBLIC DISCUSSION
27 The City Council may limit the total amount of time of testimony on particular issues and 28 for each individual speaker. Presentations for other than quasi-judicial hearings, are to be limited City Attorney s Utnice
3900 Main Street
Riverside, CA 92522
(951) 826-5567
24 1 to no more than one 3-minute presentation. More or less time may be authorized by a majority of 2 the City Council. For quasi-judicial hearings, presentations are to be limited as follows: an 3 appellant or applicant may be allowed one ten minute presentation and an additional five (5) 4 minutes for surrebuttal. A designated representative of an organization in opposition thereof may 5 be allowed a ten (10) minute presentation.
6 The City Council reserves the right to determine the total amount of time for testimony on 7 any particular hearing matter and/or for each individual speaker. 8 For each and every public speaker, the presiding officer shall be required to utilize the 9 timing system which provides them with notice of their remaining time to complete their 10 presentations. A green light on the timing system will be activated at the start of a presentation; a 11 yellow light will be activated as a warning that one minute remains; when the red light is 12 activated, the speaker shall cease speaking. In the further interest of time, speakers will be asked 13 to limit their comments to new materials and not repeat what a prior speaker said. Organized 14 groups may choose a single spokesperson who may speak for the group. Speakers may not 15 concede any part of their allotted time to another speaker. 16 XI
17 FACILITIES
18 A. COUNCIL CHAMBER CAPACITY
19 Council Chamber attendance shall be limited to the posted seating capacity thereof. 20 Entrance to the Council Chamber will be appropriately regulated by the City Manager on 21 occasions when the Council Chamber capacity is likely to be exceeded. While the City Council is 22 in session, members of the public shall not remain standing in the seating area or aisles of the 23 Council Chamber except to address the City Council, and sitting on the floor shall not be 24 permitted.
25 B. ALTERNATE FACILITIES FOR CITY COUNCIL MEETINGS
26 If the City Manager has reason to anticipate that the attendance for a meeting will be 27 substantially greater than the capacity of the City Council Chamber and insufficient time exists to 28 secure the approval of the City Council to hold the meeting at an alternate facility, the City City Attorney's Lince
3900 Main Street
Riverside, CA 92522
(951) 826-5567
25 1 Manager, or his or her designee, shall make arrangements for the use of a suitable alternate 2 facility to which such meeting may be moved.
3 Furthermore, if, because of fire, flood, earthquake or other emergency, it would be unsafe 4 to meet in the customary location, the meetings may be held for the duration of the emergency at 5 some other place specified by the City Manager or his or her designee. The change of meeting 6 site shall be announced, by the most rapid means of communication available at the time, in a 7 notice to media organizations who have requested written notice of meetings. 8 XII
9 PROCEDURAL MATTERS
10 A. PERSONS AUTHORIZED TO SIT AT TABLES
11 No person, except officials, officers, employees and agents of the City shall be permitted 12 to sit at the tables in front of the City Council without the consent of the City Council. 13 B. DECORUM
14 It is the policy of the City Council that the right to express one's views at a City Council 15 meeting is fundamental to a free society; however, it is not absolute and is subject to valid 16 regulations. The public has a right to address the City Council at any meeting on any subject that 17 is within the City Council's subject matter jurisdiction and further, the public has the right to 18 express its criticism of the policies, procedures, programs or services of the City or its acts or 19 omissions. We must balance the right of the public to address the City Council with the need to 20 ensure that public comment does not hinder the smooth and efficient legislative function of the 21 City Council.
22 No member of the public shall approach the speaker's podium while the City Council is in 23 session, unless specifically requested to do so by the presiding officer. Unruly conduct, such as 24 undue noise, hissing, profanity, insult or physical disturbance which disrupts, disturbs or 25 otherwise impedes the orderly conduct of the Council meeting shall not be permitted. Any person 26 making personal, impertinent, slanderous or profane remarks to any member of the Council, staff 27 or general public which disrupts, disturbs, or otherwise impedes the orderly conduct of any 28 Council meeting shall, at the discretion of the presiding officer or a majority of the Council, be City Attomey s Uttice
3on0 Main Strept
Riverside, CA 92522
(951) 826-5567
26 1 barred from further audience before the City Council at said meeting, unless permission to 2 continue be granted by a majority vote of the Council. 3 C. ENFORCEMENT OF DECORUM
4 Any law enforcement or security officers on duty or whose services are commanded by 5 the presiding officer shall be Sergeant-at-Arms of the City Council meetings. The Sergeant-at- 6 Arms shall carry out all orders and instructions given by the presiding officer for the purpose of 7 maintaining order and decorum at the City Council's meetings. Upon instructions of the presiding 8 officer, it shall be the duty of the Sergeant-of-Arms, or any of them present, to place any person 9 who violates the order and decorum of the meeting under arrest, and cause the person to be 10 prosecuted under the provisions of applicable law, the complaint to be signed by the presiding 11 officer.
12 D. PRECEDENCE OF MOTIONS
13 When a question is before the City Council, no motion shall be entertained except:
14 1. Motion To Adjourn.
15 A motion to adjourn requires a second and is not debatable except to set the date and time 16 to which the meeting is adjourned to consider the unfinished business. The purpose of a motion 17 to adjourn is to terminate the meeting forthwith, notwithstanding that the business on the agenda 18 has not been completed, and notwithstanding a time fixed for adjournment has not yet arrived. A 19 motion to adjourn shall be in order at any time, except as follows: (i) When repeated without 20 intervening business or discussion; (ii) when made as an interruption of a Councilmember while 21 speaking; (iii) when the previous question has been moved; and (iv) while a vote is being taken. 22 2. Motion To Lay On The Table.
23 The purpose of the motion is to terminate further consideration of the subject being 24 discussed, without qualification. The effect of the motion, if approved, is to not only end 25 discussion on any other motion being considered, but to preclude any other motion being made. 26 A motion to table requires a second, is not amendable, and is not debatable. The foregoing shall 27 not preclude any Councilmember from placing the subject on an agenda for a later City Council 28 meeting.
City Attomney suntice
301) Main Street
Riverside, CA 92522
(951) 826-5567
27 1 3. Motion to Call for The Question (Close Debate). 2 The Councilmember moving any item before the City Council, including, the adoption of 3 an ordinance or resolution, or the Mayor Pro Tem, shall have the privilege of moving to close the 4 debate and at once to take the vote on the immediately pending question. Such a motion requires 5 a second and is not debatable, and is not amendable, and shall require a two-thirds vote of 6 Councilmembers present and voting for adoption. Such a motion also requires that each 7 Councilmember be afforded at least one opportunity to speak on the item before closing the 8 debate. The making of the motion shall not constitute a violation of Section V of these rules. 9 4. Motion To Postpone To A Certain Time/Day.
10 A motion to postpone to time certain is amendable, and is debatable as to the propriety of 11 postponement and as to time set in the motion. The purpose of the motion is to postpone the 12 subject under discussion to another, specified time. 13 5. Motion to Substitute.
14 A motion to substitute the motion under consideration with another motion requires a 15 second, is not amendable and is debatable. A motion to substitute must be germane to the subject 16 and compatible with the underlying purpose of the motion under consideration; and if passed, the 17 substitute motion will, by its own action, eliminate the necessity to vote on the motion being 18 substituted. If the substitute motion fails to pass, debate will resume on the motion previously 19 being contested. Only two substitute motions shall be on the floor at any time. 20 6. Motion to Amend.
21 A motion to amend the motion under consideration requires a second, but the proposed 22 amendment must be germane, or related, to the main motion, and is debatable. A motion to 23 amend is defined as amending a motion that is on the floor and has been seconded, by inserting or 24 adding, striking out, or striking out and inserting words within the main motion. The proposed 25 amendment is voted on first, and if adopted, there is a vote on the main motion as amended. If 26 the motion fails, debate will resume on the main motion. 27 28
City Attomey 5 Umnce
gOM Main Stront
Riverside, CA 92522
(951) 826-5567
28 1 Motion To Reconsider.
2 A motion to reconsider any action taken by the City Council must be based upon a 3 different state of facts and must be made not later than the second succeeding official regular 4 meeting of the City Council. Such a motion can only be made by a member who voted with the 5 majority. The motion to reconsider must be specifically agendized as a motion for 6 reconsideration and cannot be acted upon on under Future Agenda Items. However, if the motion 7 to reconsider is made at the same Council meeting when the motion was originally adopted, it 8 does not have to be included on the agenda. At the time such reconsideration is heard by the City 9 Council, testimony shall be limited to the alleged facts in support of the motion. No question 10 shall be twice reconsidered, except by unanimous consent of the City Council, except that action 11 relating to any contract may be reconsidered at any time before the final execution thereof. 12 These motions shall have precedence in the order indicated. Any such motion, except to 13 adjourn, amend, or substitute, shall be put to a vote without discussion. 14 E. RULES OF DISCUSSION
15 1. Presiding Officer May Debate: The presiding officer may debate from the chair, 16 subject only to such limitations of debate as are by these rules imposed on all members, and shall 17 not be deprived of any of the rights and privileges as a member of the City Council by reason of 18 acting as the presiding officer.
19 2. Getting the Floor: Improper References to be Avoided: Every member desiring to 20 speak shall utilize the electronic call device to gain the attention and priority of the presiding 21 officer, and upon recognition by the presiding officer, shall confine him/herself to the question 22 under debate, avoiding all personalities and indecorous language. 23 3. Interruptions: A Councilmember, once recognized, shall not be interrupted when 24 speaking unless it be to call the person to order, or as herein otherwise provided. If a 25 Councilmember, while speaking, be called to order, the Councilmember shall cease speaking until 26 the question of order be determined, and, if in order, shall be permitted to proceed. 27 4. Division of Question: If the question contains two or more divisional propositions, 28 each of which is capable of standing as a complete proposition if the others are removed, the City Attomer s umce
3900 Main Street
Riverside, CA 92522
(951) 826-5567
29 1 presiding officer may, and upon request of a Councilmember shall (unless appealed), divide the 2 question.
3 5. Withdrawal of Motion: A motion may not be withdrawn by the mover without the 4 consent of the Councilmember seconding it.
5 6. Voting: On the passage of every motion, the vote shall be taken by electronic 6 voting device and entered in full upon the record. If the device is inoperable, the vote shall be 7 taken by roll call voice vote recorded by the City Clerk. The presiding officer shall announce the 8 result of the vote. No member shall be excused from voting except on matters involving the 9 consideration of the Councilmembers own official conduct, or where a conflict of interest exists. 10 Refusal to vote without excuse shall be an affirmative vote. 11 F. ADDRESSING THE CITY COUNCIL
12 Any person desiring to address the City Council shall first secure the permission of the 13 presiding officer to do so. Under the following headings of business, unless the presiding officer 14 rules otherwise, any interested person shall have the right to address the City Council in 15 accordance with the following conditions and upon obtaining recognition by the presiding officer:
16 1. Speakers. Any person desiring to provide public comment or public testimony, 17 shall do so in accordance with Section X.C. Each person addressing the City Council shall step 18 up before the City Council and may give their name and neighborhood in an audible tone of voice 19 for the record. All remarks shall be addressed to the City Council as a body and not to any 20 Councilmember, Mayor or staff member thereof.
21 Written Communications. Interested parties or their authorized representatives 22 may address the City Council by written communications in regard to matters of concern to them. 23 Communications received by the City Clerk prior to close of business on the day prior to a City 24 Council meeting shall be submitted to the City Council at the meeting if related to an item which 25 is on the agenda for that meeting.
26 3. Public Hearings. Interested persons or their authorized representatives may 27 address the City Council by reading protests, petitions, or communications relating to matters then 28 under consideration, subject to the time limitations imposed by the City Council.
City Attorney s Limce
3900 Main Street
Riverside, CA 92522
(951) 826-5567
30 1 4. Public Comment. Interested persons may address the City Council on any issue 2 concerning City business during the period assigned to Oral Communications, except comments relating to appeals before the City Council where the City Council must make its decision based 4 on the written record or set the matter for public hearing. 5 G. ADDRESSING THE CITY COUNCIL AFTER MOTION MADE
6 When a motion is pending before the City Council, no person other than a Councilmember 7 shall address the City Council without first securing the permission of the presiding officer or 8 City Council to do so.
9 XIII
10 CITY COUNCIL STANDING COMMITTEES AND REGIONAL
11 ORGANIZATION REPRESENTATION
12 A. STANDING COMMITTEE NUMBER, NAMES, COMPOSITION, AND 13 APPOINTMENTS AND REGIONAL ORGANIZATION APPOINTMENTS
14 1. There shall be eight Standing Committees of the City Council entitled 15 Development, Community Services and Youth, Finance, Governmental Affairs, Utility 16 Services/Land Use/Energy Development, Public Safety, Transportation, and Mayor's Nominating 17 and Screening.
18 2. Following each election and/or appointment to fill a City Council vacancy, 19 reorganization of City Council Standing Committee and regional organizational assignments shall 20 be considered by the Mayor's Nominating and Screening Committee for a recommendation to the 21 City Council.
22 3. Each Standing Committee shall be comprised of three members. Each 23 Councilmember shall serve as Chair, Vice-Chair, and Member of three Committees, respectively. 24 4. The Mayor's Nominating and Screening Committee shall be comprised of the 25 Mayor who shall serve as Chair and the members of the Governmental Affairs Committee. The 26 Mayor's Nominating and Screening Committee shall assist in the board/commission appointment 27 process as provided in Section XIV of this resolution, recommend to the City Council (a) 28 nominees for the annual City Spirit Award, (b) structure and/or appointments to ad hoc citizen City Attorney's Litice
3900 Main Street
Riverside, CA 92522
(951) 826-5567
31 1 committees as requested by the City Council, and (c) any other matters referred by the City 2 Council or board/commission.
3 For Standing Committee and regional organization appointments, preferences of 4 senior elected officials shall be honored. However, with five (5) affirmative votes, the City 5 Council may appoint a non-senior member. The Mayor and Councilmembers shall forward 6 preferences on Standing Committee assignments to the City Clerk to be shared at the Mayor's 7 Nominating and Screening Committee Meeting.
8 Initially, each elected official shall be limited to two (2) regional organizational 9 appointments. Remaining vacant positions and any appointment declined by an elected official 10 shall be filled by seniority of elected officials desiring such appointments. There shall be no 11 limitation to the number of appointments as "Alternate" to regional organizations. The provisions 12 of this section shall not apply to organizations where the City Council is not the appointing 13 authority.
14 "Seniority" shall be honored as to the elected office currently held. 15 B. REFERRAL OF MATTERS TO CITY COUNCIL STANDING COMMITTEES 16 1. Generally, all items agendized for City Council Standing Committees must first be 17 referred by the City Council for review and a recommendation to the City Council within 120 18 days, subject to the exceptions set forth below or as otherwise modified by the City Council. 19 2. The Annual Year-End Finance Report by the Public Utilities Department is 20 automatically referred directly to the Finance Committee for review and a recommendation to the 21 City Council within 120 days.
22 3. All Successor Agency to the Redevelopment Agency matters are automatically 23 referred to the Development Committee for review and a recommendation to the Successor 24 Agency to the Redevelopment Agency Board within 120 days. 25 4. All requests for comments on projects within the City's sphere of influence are 26 automatically referred to the Utility Services/Land Use/Energy Development Committee for 27 review and submission of comments to the County of Riverside or as a recommendation to the 28 City Council as time permits.
City Attorney s Utce
3900 Main Street
Riverside, CA 92522
(951) 826-5567
32 1 With the concurrence of the Committee Chairperson and the City Manager, an 2 item may be sent directly to a Council committee without City Council referral. If a matter is so 3 referred to a Council committee, the committee agenda will note such fact on the face of the 4 agenda. Such referrals are not required to be forwarded to the City Council for action following 5 committee review. The below guidelines shall be considered for such referrals. 6 7 Policy Committee Types of Items Referred to the Committee 8 9 Housing and Homelessness Housing and homelessness solutions 10 Economic development, placemaking and
11 branding/marketing
12 Economic Development, Placemaking,
13 and Branding/Marketing
14 15 City Budget, Measure Z, performance measures,
16 audits, and other financial matters
17 18 Financial Performance and Budget
19 20 Inclusiveness, Community City board and commission structures, ethics and other 21 Engagement, and Governmental policy matters
22 Processes
23 Nominations for appointments to City boards and
24 Mayor's Nominating & Screening commissions and City Spirit Award; and following 25 Committee each election and/or appointment to fill a City Council 26 vacancy, reorganization of City Council Standing
27 Committee and regional organization assignments
28 Safety, Wellness and Youth Public Safety, wellness programs, food sources and Riverside, CA 92522
(951) 826-5567
33 1 agriculture, recreation, disabilities, seniors, libraries, 2 museum, and youth activities
3 Mobility and Infrastructure Transportation, sewer, airport, utilities, and public 4 works
5 Land use, planning, development, sustainability and
6 resilience
7 Land Use, Sustainability and
8 Resilience
10 11 Board and Commissions, by majority vote, may forward matters to any City 12 Council Standing Committee, as appropriate. The below guidelines shall be considered for such 13 referrals.
14 15 BOARD/COMMISSION CITY COUNCIL COMMITTEE
16 17 Airport Commission Mobility and Infrastructure and Financial 18 Performance and Budget
19 Financial Performance and Budget
20 Budget Engagement Commission
21 Community Police Review Commission Safety, Wellness, and Youth 22 Financial Performance and Budget
23 24 Cultural Heritage Board Land Use, Sustainability, and Resilience 25 26 Economic Development, Placemaking, and
27 Branding/Marketing
28 Financial Performance and Budget
iverside, CA 925
951) 826-550
34 1 Commission on Disabilities Safety, Health, Wellness, and Youth 2 Financial Performance and Budget
3 Board of Ethics Inclusiveness and Community Engagement 4 Financial Performance and Budget
5 Human Relations Commission Mayor's Nominating and Screening Committee 6 Financial Performance and Budget
7 Human Resources Board
Inclusiveness and Community Engagement
8 Financial Performance and Budget
9 Board of Library Trustees
Safety, Wellness and Youth
10 Financial Performance and Budget
11 Commission on Aging Safety, Wellness and Youth
12 Financial Performance and Budget
13 Museum of Riverside Board Safety, Wellness, and Youth 14 Financial Performance and Budget
15 Park and Recreation Commission Safety, Wellness, and Youth 16 Financial Performance and Budget
17 Land Use, Sustainability, and Resilience
18 Planning Commission Economic Development, Placemaking, and 19 Branding/Marketing
20 Financial Performance and Budget
21 Mobility and Infrastructure
22 Board of Public Utilities Financial Performance and Budget 23 Transportation Board Mobility and Infrastructure
24 Financial Performance and Budget
25 26
27 28
City Attorney s Unce
900 Main Stree
Riverside, CA 92522
(951) 626-5567
35 1 XIV
2 BOARDS, COMMISSIONS, AND COMMITTEES
3 A. For vacancies on the Community Police Review Commission, Board of Ethics, Planning 4 Commission and Board of Public Utilities, the Mayor's Nominating and Screening Committee 5 shall review applications submitted and identify applicants for interview with the Mayor and 6 City Council. The City Clerk shall notify the City Council of those selected for interview. The 7 Mayor and each member of the City Council may add an additional applicant for interview, if 8 desired. Appointments shall be made by the Mayor and City Council immediately following the 9 interviews. With a full quorum, five affirmative votes are required. 10 B. For Citywide vacancies on any of the remaining boards and commissions, the Mayor 11 shall recommend an applicant for appointment by the Mayor and City Council. For Ward- 12 specific seats, the Councilmember for the Ward shall recommend an applicant for appointment 13 by the Mayor and City Council. With a full quorum, five affirmative votes are required. With 14 less than a full quorum, four affirmative votes are required. 15 For appointments to City Council citizen ad hoc committees, the City Council shall 16 affirmatively select one of the following options:
17 1. Option 1: The Mayor's Nominating and Screening Committee shall review the 18 applications submitted and identify applicants for interview with the Mayor and City Council. 19 The City Clerk shall notify the City Council of those selected for interview. The Mayor and each 20 member of the City Council may add an additional applicant for interview, if desired. The 21 Mayor and City Council shall interview, make the appointments and select the Chair; or 22 2. Option 2: By formal motion, the City Council shall authorize each member of the 23 City Council to select a member from their Ward and the Mayor to select two at-large members. 24 The ad hoc committee shall elect a Chair from among its members; or 25 3. Option 3: By formal motion, any other method of appointment as desired by the 26 City Council.
27 D. Board/commission members shall make every effort to notify the Chairperson or his/her 28 designee no later than 24 hours prior to any regular meeting of his/her intent not to attend said City Attorney s tunce
3900 Main Street
Riverside, CA 92522
(951) 826-5567
36 1 meeting. A member's inability to provide 24 hours advance notice shall not preclude the 2 board/commission from exercising its discretion to excuse said absence as outlined in Section 3 805 of the City Charter. If a member of a board or commission absents himself/herself from 4 three consecutive regular meetings of such board or commission, unless by permission of such 5 board or commission expressed in its official minutes, or is convicted of a crime of moral 6 turpitude, or ceases to be a qualified elector of the City, the office shall become vacant and shall 7 be so declared by the City Council.
8 E. The City Clerk shall provide quarterly attendance reports to the Mayor and City Council. 9 F. The City Clerk shall notify the Mayor for Citywide seats and the appropriate 10 Councilmember for Ward specific seats for direction to be taken in the event of either of the 11 following conditions: (a) a board/commission member is absent unexcused from three 12 consecutive regular meetings of the board/commission; or (b) a board/commission member is 13 absent, whether excused or unexcused, from more than one-third of the regularly scheduled 14 meetings in any calendar year.
15 G. Resignations from City boards and commissions shall be effective immediately upon 16 receipt by the City Clerk, who shall then forward a received resignation to the City Council for 17 filing. Future effective dates noted in writing and submitted as part of, or with any resignation, 18 shall be honored to the extent the resignee remains eligible. Withdrawal of a resignation for 19 desired continued service must be submitted to the City Clerk in writing and must include the 20 reason for withdrawing. The City Clerk shall forward any withdrawal to the Mayor and City 21 Council, who may consider and approve the withdrawal. A resignation shall remain in effect 22 notwithstanding the submission of a withdrawal, unless and until the Mayor and City Council 23 approve the withdrawal.
24 H. A partial term of more than one year shall be considered a full term. Residents 25 appointed mid-year to boards and commissions shall serve full terms of up to and not-to-exceed 26 four year, expiring on March 1st of the corresponding year. 27 28
City Attorney s Uttice
3900 Main Street
Riverside, CA 92522.
(951) 826-5567
37 1 XV
2 COUNCIL REQUESTS
3 A. All Council requests dealing with policy issues and those requests which maybe 4 construed as direction, go through the City Manager, except for general inquiries or questions in 5 which case the City Council may go to the Department Heads or key staff in the City Manager's 6 Office. Councilmembers may also deal directly with the City Attorney, City Clerk or other staff 7 appointed by the City Council.
8 B. Any request from the City Council requiring funding must go through the City Manager. 9 The City Manager will respond in a timely manner.
10 XVI
11 ADMINISTRATION
12 A. The City Council will review and revise the City Council norms and procedures as needed 13 or every two (2) years.
14 B. During City Council discussions, deliberations, and proceedings, the Mayor has been 15 designated with the primary responsibility to ensure that the City Council, staff and members of 16 the public adhere to the Council's norms and procedures. 17 BE IT FURTHER RESOLVED that Resolution No. 23559 is hereby repealed. 18 ADOPTED by the City Council this 1st day of September, 2020. 19 20
21 R. BAILEY, II
Mayor of the City of Riverside
22 Attest:
23 24
COLLEEN J. NICOL
25 City Clerk of the City of Riverside
26 27.
28 City Attorney sUmice
3900 Main Street
Riverside, CA 92522
(951) 826-5567
38 1
1, 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 4 said City at its meeting held on the 1st day of September, 2020, by the following vote, to wit:
5 6
Ayes: Councilmembers Edwards, Melendrez, Fierro, Conder, Perry, and 7 Hemenway and Councilwoman Plascencia
8 9 Noes: None
10 Absent: None
11 Abstain: None
12 13 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of 14 the City of Riverside, California, this 2nd day of September, 2020. 15 16 Thical
COLLEEN J. NICOL
17 City Clerk of the City of Riverside
18 19
20 21
22 23
24 25
26 27
28 CA 20-0769
Zity Attorney sUince
3900 Main Stree
Riverside, CA 92522
(951) 826-5567
39 1 TABLE OF CONTENTS
2 I. AUTHORITY. 1
3 II. ACT IN THE PUBLIC INTEREST 2
III. ADVOCACY .. 2
IV. DUTIES. ...2
6 A. Duties of Mayor; Mayor Pro Tempore.. ...2
7 B. Duties of Mayor and Council Members. ...4
C. Motions to Be Stated by Presiding Officer ...4
8 ). Decorum ..... ...4
E. Votes Required to Take Actior ..4
9 F. Voting Disqualification. ..4
10 G. Participation on Non-Profit Boards of Directors and Conflicts of Interest. 5 H. Mayor and Council Members to Avoid Improper Consideration 11 of Pending or Contemplated Matters. 6
12 V. ROLE OF THE MAYOR AND CITY COUNCIL 6
13 A. Mayor and City Council Conduct in General .. 6
B. Mayor and City Council Conduct with One Another 7
14 C. Mayor, City Council and City Manager Conduct with Staff 7 D. Mayor and City Council Conduct with the Public.. ..8 15 E. Mayor and City Council Conduct with Other Agencies. ...8 16 F. Mayor and City Council Conduct with Boards and Commissions ...9 G. Council Conduct with Standing City Council Committees ...9 17 H Mayor and City Council Conduct with the Media. .9
18 I. Obtaining the Floor 10
19 VI. ROLE OF CITY STAFF 10
20 VII. ROLE OF THE PUBLIC. 11
21 VIII. MEETINGS 12
22 A. Call to Order - Presiding Officer. 12
B. Roll Call... 12
23 Quorum Call.. 12
24 City Council Meeting Schedule 12
Adjourned Meetings. 13
25 F. Special Meetings. 13
G. Closed Sessions.. 13
26 H. Emergency Meetings. 14
27 28
City Attorney sUmice
3900 Main Street
Riverside, CA 92522
(951) 826-5567
40 1 IX. AGENDA 15
A. Declaration of Policy 15
2 B. Definitions. 15
C. Procedure For Bringing Matters Before City Council.. 16
1. Persons Who May Place Matters on the Agenda 16
4 2. Scheduling Public Hearings Mandated by State,
Federal or Local Statute ... 17
5 3. Submission of Agenda Items. 17
6 Preparation of the Packet 17
5. Posting of Agenda.. 17
7 Distribution of the Packet.. 17
7. Failure to Meet Deadlines 18
8 D. Agenda-Setting Meeting 20
9 E. Consent Calendar.. 21
F. Agenda Sequence and Order of Business.. 21
10 X. CONDUCT OF MEETING. 22
11 A. Order of Discussion. 22
12 Consent Calendar Items Called up for Discussion 23
Communications from the Audience. 23
13 D. Public Hearings.. 24
14 E. Public Discussion 24
F. Time Limitation for Public Testimony at Public Hearings 15 and Public Discussion 24
16 25
XI. FACILITIES
17 A. Council Chamber Capacity... 25
B. Alternate Facilities for City Council Meetings 25
18 XII. PROCEDURAL MATTERS. 26
19 26
A. Persons Authorized to Sit at Tables
B. Decorum … 26
20 C. Enforcement of Decorum 27
D. Precedence of Motions 27
21 1. Motion to Adjourn.. 27
22 2. Motion to Lay On the Table 27
3. Motion to Call for the Question (Close Debate). 28
23 4. Motion to Postpone to a Certain Time/Day 28
5. Motion to Substitute.. 28
6. Motion to Amend 28
24 7. Motion to Reconsider 29
25 E. Rules of Discussion. 29
1. Presiding Officer May Debate.. 29
26 2. Getting the Floor 29
3. Interruptions 29
27 4. Division of Question 29
5. Withdrawal of Motion 30
28 6. Voting.. 30
City Attorney's Lance
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41 1 Addressing the City Council 30
Speakers 30
2 2. Written Communications 30
3. Public Hearings 30
3 Public Comment 31
G. Addressing the City Council After Motion Made 31
4 5 XIII. CITY COUNCIL STANDING COMMITTEES AND REGIONAL ORGANIZATION REPRESENTATION 31
6 A. Standing Committee Number, Names, Composition, and 7 Appointments and Regional Organization Appointments. 31 B. Referral of Matters to City Council Standing Committees ..32 8 XIV. BOARD, COMMISSION, AND COMMITTEES .36
9 10 XV. COUNCIL REQUESTS ...... 38
11 XVI. ADMINISTRATION 38
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 City Attorney's Vince
3900 Main Street
Riverside, CA 92522
(951) 826-5567
42