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RESOLUTION NO. 23976
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. 23618.
WHEREAS, it is the intent and desireof the City Council to conductits businessin an orderly and fair manner; and
WHEREAS, there are certain basic rights of due processand opportunity to address issueswith equity, fairness, and equalprotection of the law; and WHEREAS, certain parliamentaryprocedureshave 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 proceed with the business of government in an efficient and orderly fashion; and
WHEREAS, the City Council desiresto establishuniform norms andproceduresin order to accomplish these goals.
BE IT RESOLVED by the City Council of the City of Riverside asfollows:
That the following shall be the Rulesof Procedureand Orderof Businessof the City Council, and shall govern all proceedingsof the City Council therein described, subject to the exceptions and deviations provided for in such rules.
Violation of theserulesshallnot be construedasapenaloffense, exceptingthatbreachof thepeaceor willful failureto complywith thelawful ordersof the City Councilor its presiding officer shall be punishable as misdemeanors under applicable law.
I
AUTHORITY
The Charterof the City of Riversideprovidesthat the City Council shall determineits own rules and order of business. By virtue thereof, and when not in conflict with the Charter of theCity of RiversideandtheConstitutionandlawsof theStateof California, thefollowing setof rules shall be in effectupon adoptionby the City Councilanduntil suchtime as they are 1 1
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amended or new rules adopted in the manner hereinafter provided and shall prevail to govern the orderof businessof theCity Councilof theCity of Riverside.
II
ACT IN THE PUBLIC INTEREST
A. City Councilandstaff shallrecognizethatstewardshipof thepublic interestmustbe the primary concern.
B. City Council will work for the common good of the people of Riverside.
C. City Council will assurefair and equal treatment of all persons, claims and transactions comingbeforethe City Council andBoardsand Commissions.
III
ADVOCACY
A. City Councilshallrepresentthe official policiesor positionsof the City Councilwhen designated as delegates for this purpose.
B. Whenrepresentingtheirindividualopinionsandpositions, City Councilshallexplicitly statethey do not representthe City Councilof the City, nor will they allow the inferencethat they do.
IV
DUTIES
A. DUTIES OF MAYOR; MAYOR PRO TEMPORE
The Mayor shallbe the presidingofficer at all meetingsof the City Councilandshall haveavoicein all itsproceedingsbutshallnotvoteexceptfor appointmentsto CityBoards & Commissionsor to breaka City Counciltie -votewhich existsfor anycause. TheMayor shallbe the official headof the City for all ceremonialpurposes. The Mayor shall havethe primary but not exclusiveresponsibilityfor interpretingthe policies, programsand needsof the city governmentto the people, and of informingthe peopleof any major changein policy or program. The Mayor shall advisethe City Council on all mattersof policy andpublic relations andperformsuchotherdutiesasmaybeprescribedby theCity Charter. At anytimebeforethe adjournmentof a meeting, the Mayor may, by public declarationspreadupon the minutes of the 2 r
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meeting, veto any formal actiontakenby vote of the City Council including any ordinanceor resolution, except an emergencyordinance, the annual budget or an ordinanceproposedby initiative petition. Thereupon, pending the vote to override the veto as herein provided, such ordinance, resolution or action shall be deemed neither approved nor adopted. The Mayor shall, no more thantwenty daysfollowing the veto, provide to Council members, in writing, reasons for 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 adjournedmeeting held not less than thirty days, nor more than sixty days after veto the City Council shall reconsider such 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 appointed from members of the City Council on the following ward rotational basis with eachmember serving for a term of six months: Ward 7, Ward 6, Ward 5, Ward 4, Ward 3, Ward 2, andWard 1 or asotherwisedeterminedby 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 conductthe City Council meetingsand 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 - breakingvote andCity Councilvote shallbe recordedasa negativeor "nay" vote. The Mayor ProTemporeshallnothavethepowerto vetoactsof theCity 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 Attorneyor the City Clerk. Said responsibility may include but not be limited to the distribution, collection andtabulation of anywritten evaluations; andthe calendaringof any closedsessionduring which time the evaluations shall be conducted.
The Mayor Pro Tempore shall also use their best efforts to participate in the agenda - settingmeeting, assetforth in Article IX(D) below, precedingeachCity Councilmeeting. 3 1
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B. DUTIES OF MAYOR AND COUNCIL MEMBERS
Promptly at the hour set by law on the date of eachregular meeting, the Mayor and Councilmembers shall take their regular stations in the Art Pick Council Chamber and the businessof the City Council shallbe takenup for considerationanddisposition.
C. MOTIONS TO BE STATED BY PRESIDING OFFICER
Whenamotion is made, it shallbe statedby thepresidingofficer or the City Clerk before debate.
D. DECORUM
While the City Council is in session, the members must preserve order and decorum, and amembershall not, by conversationor otherwise, delay or interrupt the proceedingsor the peace of the City Council nor disturb anymemberwhile speaking, nor refuseto obeythe ordersof the City Council, or the presiding officer, except as otherwise herein provided.
E. VOTES REQUIRED TO TAKE ACTION
Unlessahighervote is requiredby provisionsof the City Charter, the affirmative votesof at leastfour membersof the City Council shall be requiredin order for the City Council to take action on anitem of businessor the adoptionof any ordinanceor resolution, or for the making or approving of any order for thepaymentof money.
Any ordinancedeclaredby the City Council to be necessaryasan emergencymeasureas hereinafterdefinedmay be introducedand adoptedat oneandthe 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 votesof at leastfive memberssoas 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 abstainingbecauseof a disqualifying financial or other conflict of interest. The Mayor or any 4 1
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councilmemberwho is disqualified dueto a financial interestshallpublicly identify the financial interestin detail sufficientto be understoodby the public exceptthat disclosureof the exact street address of a residence is not required. As to any otherconflict of interest, themember's determinationmaybeaccompaniedbyanoralorwrittendisclosureof suchconflictof interest.
A memberwhois disqualifiedby a conflictof interestin anymattershallnotremainin the member'schairduringthediscussionandvoteonsuchmatterunlessthematterhasbeenplaced on the consent agenda.
G. PARTICIPATION ON NON- PROFIT BOARDS OF DIRECTORS AND CONFLICTS OF INTEREST.
It shallbe thepolicyof thisCouncilthattheMayorandmembersof the City Council should not serve as membersof the board of directors of a non-profit corporation which is receivingorwill bereasonablylikelyin thefuturetoseekand/orreceivefundingfromtheCity of Riversidesoasto avoidanyappearanceof aconflict of interest.
In the event that the Mayor and/or a member of the City Council serves as a non - compensated member of the board of directors of a non- profit corporation, then a contract may bemadebetweentheCity of Riversideandthenon-profit corporationprovidedthat:
The public official discloses his/ her participation on the non- profit corporation' s boardof directorsto theCity CouncilatthetimetheCity Councilis consideringthecontract with the non- profit corporation;
The public official' s interest asamember of the non-profit corporation'sboard of , directors is noted in the official minutes of the City Council meeting; and The public official disqualifies themselves from any vote, deliberation or influence on the matter before the City Council.
Furthermore, if it is determined based upon a factual analysis that the Mayor or a City Council member servesas a non -compensatedmember of the board of director of a non-profit corporation, andthat thenon-profit supportsfunctions of the City asoneof its primary purposes, thenthe public official is determinedto havea "non-interest" andmay thereforeparticipatein the deliberation and vote on the matter before it. However, the public official' s interest as a 5 1
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member of the non- profit corporation' s board of directors must be noted in the official minutes of the City Council meeting.
Further, the City Manager, City Attorney and City Clerk shall not serveas a memberof theboardof directorsof a non-profit corporationwhich is receivingor will be reasonablylikely in the future to seekand/or receivefunding from the City of Riversideso as to 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 promiseto vote in anyparticularmanneron anymatterpendingbeforeit.
V
ROLE OF THE MAYOR AND CITY COUNCIL
A. MAYOR AND CITY COUNCIL CONDUCT IN GENERAL
1. Mayor and Councilmembers shall treat everyone with courtesy.
2. Inappropriatebehavioris derogatoryanddamagestheperceptionof the City.
3. While the City Council is in sessionthe Mayor, Councilmembersand City staff shallpreservestrict orderanddecorum. Neither the Mayor nor anyCouncilmembershall delay or interrupttheproceedingsof the City Councilor interruptanymemberwhile 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 theybegin speaking.
5. Any Councilmember shall have the right to expressdissent from, or protest to, or comment upon, any action of the City Council.
6. Oncea vote is takenon 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 consensus on an issue. When this is not possible, the majority vote shallprevail. However, the City Council shallrespecttheopinion of theminority. 6 1
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7. The Mayor and City Council shall publicly sharesubstantiveinformation, which theymayhavereceivedfrom sourcesoutsidethepublic decision-makingprocessthatis relevant to amatterunderconsiderationby the City Council.
8. Allow for everyone's opinion to be heardandrespected, evenif they do not win thevoteor prevail on the issue. Strive for awin-win situationby respectingdiverseopinions.
9. Councilmemberswill allow room for dialogue. Whendiscussinganagendaitem, the City Council will allow the opportunity to dialoguewith eachotherto build consensuson an item.
10. Any memberof the City Council may move to require the presidingofficer 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's time.
2. All Councilmembershavethe opportunity to speakandagreeto disagree.
3. The City Council will avoid negative comments that could offend other Councilmembersduringpublic meetings, in thepress, or anyothertime.
4. The City Council will practicecivility anddecorumin discussionsanddebate.
5. Thepresidingofficer hasanaffirmativeduty to maintainorder. TheCity Council will honortherole of thepresidingofficer in maintainingorder.
C. MAYOR, CITY COUNCIL AND CITY MANAGER CONDUCT WITH STAFF
1. Mayor and Councilmembers should always feel free to speak directly with the City
Manager on matters of interest or concern to them.
2. The Mayor, City Council, City Manager and City Staff shall respectand adhereto the City' sform of government, which is a CharterCity operatingundera Council -Managerform of govermnent, with the City Council acting as the legislative body of the City. The City Councilis thevisionarypolicy makerandstaff is responsiblefor implementationof City Council policies.
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3. TheCity CouncildirectstheCityManagerto implementCity Councilpolicy decisionsthroughtheadministrativefunctionsoftheCity.
4. TheMayorandCityCouncilshalltreatstaffprofessionally.
5. When possible, the Mayor and City Council shouldattemptto seekanswersto questionson anitemon theagenda, fromthe City Manager, City Attorney, City Clerkor Department/DivisionHeadpriortothemeeting.
6. TheMayorandCouncilmemberswill notgetinvolvedin personnelissuesexcept duringa closedsessionwherepersonnelissuesmaybe discussedor asotherwiseappropriate concerningtheCityManager, CityAttorney, CityClerkor otherstaffappointedby theCity Council. Thisincludeshiring, firing, promoting, disciplining, andall otherformsof personnel matters.
7. If aCouncilmemberis unhappyaboutadepartmentoranemployeehe/shemay discussthesituationwiththeCityManager, AssistantCityManager, ortheCityAttorneyorCity Clerk as appropriate.
D. MAYOR AND CITY COUNCIL CONDUCT WITH THE PUBLIC
1. The Mayor andCity Council will makethepublic feel welcome.
2. The Mayor and City Council shall not be partial, prejudiced or disrespectful toward the public.
3. TheMayorandCityCouncilshouldnotmakesnappy, sarcasticcommentsto the public or to each other.
4. TheMayorandCityCouncilshalltreatmembersofthepublicequally.
5. The Mayor andCity Council membersshall makeno promisesto the public on behalfof theCity Council.
6. TheMayor andCity Councilshallnot arguewith membersof thepublic.
7. TheMayorandCityCouncilshalllistencourteouslyandattentivelyto allpublic commentsbeforethe City Council.
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E. MAYOR AND CITY COUNCIL CONDUCT WITH OTHER AGENCIES
1. The Mayor and City Council shall be clear aboutrepresentingthe City or personal interests to members of other agencies.
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 havebeenadoptedby 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 respect for other agencies' opinions and issuesand agreeto 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 membersof Boards and Commissions with appreciation and respect.
3. It hasbeenthe practice of the Mayor and City Council to not participate in Board and Commission meetings for the purpose of, and to avoid perception of, influencing the outcome of said meetings.
G. COUNCIL CONDUCT WITH STANDING CITY COUNCIL COMMITTEES
1. GovernmentCodesection54952.2 definesameetingof the legislative body of the City of Riversideandprovides certainlimitations on the attendanceof its members.
2. A memberof the City Council, who is not a memberof the standingcommittee, may attend an open and noticed meeting of a standingcommitteeof the City Council, provided that they attendonly asobserversanddo not participatein 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 pertainingto closedsessions, personnel, litigation or acquisitionof propertyitems, whendealing with the media. Providing backgroundinformation is acceptable. 9 1
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I. OBTAINING THE FLOOR
1. Any memberof theCity Councilwishingto speakmustfurtherobtainthefloor by being recognized by the presiding officer. The presiding officer must recognize any Councilmemberwho seeksthefloor whenappropriatelyentitledto do so.
2. With the concurrenceof thepresidingofficer, a Councilmemberholding the floor may addressa question to another Councilmember and that Councilmember may respond while the floor is still heldby the Councilmemberaskingthe question. A Councilmembermay 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 agendaitems prior to the meetings. Additionally, a copy of the materials, including technicalreportswill be availableto the public.
B. Staffwill be availableto answerquestionsof the City Councilprior to andduringCity Council meetings.
C. Staff will respond to questions from the public during City Council meetings when requestedto dosoby theMayor, City Council, or City Manager.
D. Staff will not arguewith the public or the City Council.
E. During City Council meetingsstaff shall turn off or switch any electronic equipmentsuch as pagers and cellular telephones to a silent mode.
F. Councilmembers and staff who participate in meetings with outsiders should be apprised of anyfollow-up correspondenceto thatparty, particularlyif thereis somecontroversy; theCity Manager and all Councilmembers should get copied on all correspondence. 10 1
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G. Staff will remain objective on issues. Staff should not be an advocate for issues unless so directed by the City Council. Rather, they should promote or assist the efforts of City Council.
H, Staffwill inform City Council assoonaspossibleof upcomingissues, particularlyissues thatwill impacttheCity significantlyandmaybe comingbeforeCity Councilonshortnotice.
I. Staff will provide each Councilmember with written notification of any meetings or discussionsrelative to any developmentproject in the Councilmember's respectiveward. Each Councilmembermay, at their option, follow up with staff regardingthe detailsof theproject and anypolicy issuesthatmaybecoiningbeforetheCity 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 Councilmembers whose ward the issue concerns.
K. The City Manager will advise management to become aware of and sensitive to potentially political or controversial issuescoming before the City Council.
L. City staff will implementall City Council policies asdirectedby the City Manager; staff will not implementany actionsfor the City without prior approvalof the City Counciland City Manager.
VII
ROLE OF THE PUBLIC
A. Members of the public attending the City Council meetings are requestedto observethe samerules anddecorum applicable to the City Council and staff.
B. All speakersmust 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.
D. If a member of the public desires to provide written correspondence ( 11 copies recommended) to the City Council, all suchmaterialsshall be given directly to the City Clerk prior to themeeting, or if during the courseof themeeting, the materialsshallbe given to the 11 1
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City staff on the dais. At no time shallthepublic enterthewell to providethe materialsdirectly to membersof the City Council.
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 meeting andshall immediately call the City Council to order. Upon the arrival of the Mayor, the Mayor Pro Temporeshall immediatelyrelinquishthe chair at the conclusionof thebusinesspresentlybeforethe City Council.
B. ROLL CALL
Before the City Council shall proceedwith the businessbeforeit, 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 course of the meeting, should the presiding officer note a City Council quorumis lacking, thepresidingofficer shallcall this factto theattentionof theCity 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 declare a recessfor a reasonableperiod of time in order to reestablisha quorum or the meeting shallbe deemedautomatically adjourned.
D. CITY COUNCIL MEETING SCHEDULE
Regular meetings of the City Council shall be held in the Art Pick Council Chamber, 3900 Main Street, Riverside, California, on the first four Tuesdaysof eachmonth, taking into considerationany 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.
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Regular meetings of the City Council shall commenceat approximately 1:00 p.m., and shall include oral communicationfrom the public followed by any closedsessions, 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 additionalperiod for oral communicationsfrom thepublic at 7:00p.m. One meeting 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, special or 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 specialmeetingby providing notice five (5) daysin 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 attend eachclosed sessionof the City Council and keep and enter in a minute book a record of topics discussed and decisions made at 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 enter in a minute book a record of the topics discussed and decisions made at the meeting. The minute book is not a public record subject to inspection pursuant to the California Public RecordsAct ( California GovernmentCodesection 6250 et seq.), and shall be kept confidential. Theminutebook shallbeavailableonly to membersof the legislativebody or, 13 1
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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 andconfidential, and the disclosureby anypersonof thetopicsor detailsof suchmattersis expresslyprohibited. If a Councihnemberfeelsit is necessary, thenpreliminarynotesmay be takenwhich shouldnot be kept as the Councilmembers permanent records. All closed session information, verbal or written, is confidential and private.
H. EMERGENCY MEETINGS.
In the caseof an emergency situation involving matters upon which prompt action is necessarydueto the disruptionor threateneddisruptionof public facilities, theCity Council may hold anemergencymeetingwithout complying with either the 24-hour noticerequirementor the 24-hourpostingrequirementof Section54956or both of thenoticeandpostingrequirement.
Each local newspaper of general circulation and radio or television station that has requestednotice of specialmeetingspursuantto Section54956shall be notified by the presiding officer of the legislativebody, or designeethereof, onehourprior 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 servicesarenot functioning, the notice requirementsof this section shall be deemedwaived, and the legislativebody, or designeeof the legislative body, shall notify thosenewspapers, radio stations, or televisionstationsof the fact of theholding of the emergencymeeting, thepurposeof the meeting, and any action taken at the meeting as soon after the meeting as possible.
During an emergencymeeting, the City Council may meet in closedsessionpursuantto Section54957if agreedto by atwo-thirdsvoteof themembersof theCity Councilpresent, or, if lessthantwo-thirds of themembersarepresent, by anunanimousvote of thememberspresent.
All special meeting requirements, asprescribed in Section 54956 shall be applicable to an emergencymeeting, with the exception of the 24-hour notice requirement. 14 1
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The minutes of an emergencymeeting, 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 aspossible.
IX
AGENDA
A. DECLARATION OF POLICY
No ordinance, resolution, or item of business shall be introduced or acted upon before the City Council at its meetingwithout 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 thoseprovidedby Statelaw andmattersof businessremaininguncompletedfrom 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 andexceptfor mattersraisedunderOral Communications) to be transactedor discussedby the City Council. For purposesof this Section, any quasi-judicial appealsshall be considered action items in accordance with California Government Code section 54952. 6 as the same now exists or hereafter may 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 Government Code section 54954.2 as the samenow 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 HearingCalendar, or suchothertime asmay be scheduled.
Eachagendaitem shallbe supportedby all relevantdocumentation, which may include but not be limited to the following asapplicable:
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a. The need therefore and the department or departments involved or affected thereby;
b. Recommendationof the City Manager, if applicable;
c. Commentsof the City Attorney, if the item involves legal issues; d. PastCity Council actionsor practices, if any, relating to suchmatter; e. Pastlegislativehistory or hearings, if any;
f. Financialbenefitsor costswhich would accrueto the City as a result of the recommended action;
g. For awards of contracts, the contracts shall be prepared and presented; h. If fundsarerequested, thebudgetarysourceof funds;
i. Person or persons to contact for further information; j. Estimated balances shall be included for appropriations from General Fund Contingency Reserveandsupplementalappropriationsfrom fund balance.
2. " Agenda" means the compilation of the descriptive titles of agenda items submitted to the City Clerk, arrangedin the sequenceestablishedin Section IX. E. hereof.
3. " Packet" meansthe Agenda and all supporting documentation.
4. " EmergencySituation" meansboth of thefollowing:
a. An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severelyimpairs public health, safety, or both, asdeterminedby a majority of the membersof the City Council.
b. A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatenedterrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergencymeetingmay endangerthepublic health, safety, or both, asdeterminedby a majority of the members of the City Council.
5. " Items Carried Over" means items uncompleted from a prior agenda of a City Council meeting.
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C. PROCEDURE FOR BRINGING MATTERS BEFORE CITY COUNCIL
1. PersonsWho May Place Matters On The Agenda
Exceptfor matterspendingbeforeanycommittee, commissionor otheradvisorybodyof theCity or theCity Council, matterspertinentto andwithin thejurisdictionof theCity maybe placedon theagendaby theMayor, anyCouncilmember, theCity Manager, City Attorneyor City Clerk.
2. SchedulingPublic HearingsMandatedBy State, Federalor Local Statute.
The City Clerk may schedulea public hearing at any available time and date in those caseswhereState, Federalor local statutemandatesthe City Councilhold apublichearing.
3. Submission of Agenda Items.
Exceptfor ItemsCarriedOver, asaconditionto placing anitem onthe Council's agenda, bytheMayor, anyCouncilmember, theCityManager, theCityAttorneyortheCityClerk, aCity Councilreportshouldbepreparedandsubmittedto the City Clerknot laterthan12:00p.m. of the fifteenth (15til) day prior to eachregular City Council meetingat which the item shall be heard.
4. Preparation of the Packet.
Not laterthan5:00p.m. twelve (12) daysprior to eachregularCity Councilmeeting, 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 Agenda.
The City Clerkshallposttheagendaof eachCity CouncilRegularor AdjournedRegular Meeting at least twelve ( 12) days in advanceof said meetingin a locationthat is freely accessible to members of the public. The City Clerk shall maintain an affidavit indicating the location, dateandtime of posting eachagenda.
6. Distribution of the Packet.
Not laterthan6:30p.m. twelve (12) daysprior to eachregularCity Councilmeeting, the City Clerkshalldistributethepacketto theMayor, eachmemberof theCity Council, theCity Manager and the City Attorney. Twelve (12) daysprior to eachregularCity Councilmeeting, 17 1
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the City Clerk shall distribute the packet to the designateddepartmentdirectors, and such other personsor institutionsasthe City Clerkshalldeemnecessaryor appropriate. Paperor electronic copies of the packet shall be made for the news media and such other organizations, agencies, institutionsor personsasmaywish to subscribeto receiptthereof, andtheCity Clerk will make the packet available electronically on the City' s webpage.
7. Failure to Meet Deadlines.
a. The City Clerk shall not, without the consent of the City Manager or City Attorney, acceptanyagendaitem orrevisedagendaitem afterthedeadlinesestablishedhereby. b. Supplemental Agenda And Related Materials Requirements For Regular Meetings Of The City Council and City Council Standing Committees. Notwithstanding the notice provisions of Section4.05.050(A) of the Riverside Municipal Code, the City Council and City Council Standing Committees, may amend or supplement a posted agenda or agenda -related materialsno laterthan72 hoursbeforea regularmeetingandonly for the following reasonsor underthe following conditions:
i) to add an item dueto an emergencyor urgency, provided the local body makesthe samefindings as required by Section 4.05.050(D) of the Riverside Municipal Code beforetaking action;
ii) to deleteor withdraw any item from a postedagendahowever, nothing hereinshalllimit theability of alocalbodyto deleteor withdrawanitemduringthemeeting; iii) to provide additional information to supplement the agenda - related material previously published with the agenda provided that the additional information was not known to staff or considered to be relevant at the time the agenda -related materials were filed.
Examplesof supplementalmaterial permitted by this Sectionarereportsrespondingto questions or requestsraisedby membersof a local body afterpostingandfiling of the twelve -dayagenda and materials, and analysesor opinions of the item by the Office of the City Attorney, any memberof the City Council, or the Mayor;
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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 continueanagendizeditem to a futureregularmeetingof thelocalbody provided that membersof the public are given an opportunity to addressthe local body on the limited questionwhetherto continuetheitem to a futuremeeting. c. Excuse Of Sunshine Notice Requirements. If an item appears on an agenda but the local body fails to meetanyof the additionalnoticerequirementsunderthis Section, thelocal body maytake actiononly if:
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, adoptsa motion determining that, upon consideration of the facts and circumstances, it was not 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, countyor othergovernmentalagencylegislationor actionor the local body's eligibility for any grant or gift; or,
c. theitem 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, andthe failure to meetany additionalnoticerequirementswasdueto:
a. the need to take immediate action, which came to the attention of the 19 1
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local body after the agendawas posted, or;
b. a software or hardware impairment as defined by Section 4.05.010(H) of the Riverside Municipal Code and such additional notice requirements are satisfied no later thanseventy-two (72) hoursbeforethedateof themeeting; or, iv) The item is a closed session item relating to ongoing, proposed or threatened litigation.
d. Action On Items Not Appearing On The Agenda. Notwithstanding subsection C) of this Section, a local body may takeactionon itemsnot appearingon apostedagendaonly 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 severely impairspublic health, safetyor both.
D. AGENDA - SETTING MEETING
1. The City Council agenda -settingmeetingnormally takesplaceon Wednesdays, andsetsthefollowing two City Councilagendas, but canberescheduled, if necessary.
2. The membersinclude the Mayor, Mayor Pro Tem, City Manager, City Attorney, City Clerk, and Assistant City Managers. In the event that any of these representatives cannot attendthemeeting, theymay sendarepresentativein theirplace.
3. The City Clerk, asthe City official who managesand publishesthe agenda, shall serve as the chairperson.
4. The role of the Mayor and Mayor Pro Tem, in addition to collaborating as team members with executive management to set the 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 used as the tracking tool.
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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 Councilitemsshouldalwaysbeconsideredapriority for scheduling.
6. Any City Councilmembermay attend at the invitation of the Mayor Pro Tem provided it does not violate quorum rules).
E. CONSENT CALENDAR
Thereshall be a consentcalendaron all regularmeeting agendason which shall be includedthosematterswhichtheMayor, Councilmembers, andCity Managerdeemto beroutine in natureandnot likely to besubjectto 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 Councilmemberswishing to ask questions concerningconsentcalendaritems shouldaskquestionsof the City Manageror staff personwho submittedthe report prior to the City Council meeting so that the needfor discussionof consent calendar items can be minimized.
F. AGENDA SEQUENCE AND ORDER OF BUSINESS
1. TheCity Councilagendais to bearrangedin the following orderandsections:
a. Workshops or Discussion Calendar.
b. Joint sessionof the City Council andall otherrelatedagenciesmeetingto receive oral communicationsfrom the public regarding closed sessionagendaitems, or matters within thejurisdiction of anysuchgoverningbodies.
c. Legislative report.
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d. Closed Sessions.
e. Public Hearings/ Land Use Appeals.
f. Brief reports on conferences, seminars and regional events; Ward updates; Councilcomments; andannouncementsof upcomingevents.
g. Ceremonial Matters.
h. Public Comments from the audienceregardingconsentcalendaritems or matterswithin thejurisdiction of the City. Public Commentfor afternoonsessionsstarting at 1:00 p.m. may occur approximately after 1:00 p.m., as agendized. Public Comment for afternoonsessionsstarting at 3:00 p.m. may occur approximately after 3:00 p.m., as agendized.
Public Commentduring an eveningsessionmay commenceapproximatelyafter 6:15 p.m., as agendized. To the extent the agenda states a specific time for public comment, the times are approximateand may be adjustedby the presiding officer to ensurean effective and efficient business meeting of the City Council. Public Comment may be provided in- person/telephonically or prior to the meeting by email/e-comment. i. Consent Calendar.
Removalof itemsfrom the ConsentCalendar, shallbe followedby onemotion 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/ Councilmeinber Communications.
m. 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
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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. City Council discussion, motion andaction.
2. Public Hearings
a. Staff comments, information and reports, followed by questions from the Mayor and Councilmembers.
b. Public commentsand information followed by questionsfrom the Mayor and Councilmembers.
c. Closure of public hearing.
d. Mayor and Council discussion, motion and action.
3. Appeals/ Quasi- Judicial Hearings.
a. Staff comments, information and reports followed by questionsfrom 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 speakon the item followed by questionsfrom the Mayor and Councilmembers. d. Closing statements by appellant/ proponent limited to addressing comments 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 andaction, no staff membernor memberof the public shall be allowed to addressthe City Council without the consent of the City Council.
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B. CONSENT CALENDAR ITEMS CALLED UP FOR DISCUSSION
The Mayor, any Councilmember, or the City Managermay request that any matter be removed from the Consent Calendar. If a matter placed on a Consent Calendar at a regular businessmeetingisremoved, it will bediscussedimmediatelyafteradoptionof theDiscussion 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 eachmatter. The presiding officer or City Clerk shall readinto the record eachitem 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 membersof the public to addressthe City Council on any issue concerningCity business, including closedsession, consentcalendaritems, or item of interest that is within the subjectmatterjurisdiction of the City (" Oral Communications").
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 matter.
5. Take action to direct staff to place a matter of business on a future agenda.
The City Council retainsthe right, by majority vote, to alterthe time allotted for public remarks. Eachpersondesiringto addressthe City Councilduring Oral Communications, City Council Discussion Items, Workshops, or Public Hearings shall fill out and file a form provided by the City Clerk. Requeststo beheardmay besubmittedto the City Clerk anytime 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 required to utilize the timing system which provides them with notice of their remaining time to complete their presentations.
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D. PUBLIC HEARINGS
The City Councilor City Clerk shall setthe time andplacefor eachpublic hearing. In theconductof thepublichearing, thepresidingofficer will directthosemakingpresentationsto avoidrepetitionin orderto permit maximuminformationto beprovidedthe City Councilwithin the time allotted to the hearing.
E. PUBLIC DISCUSSION
TheCity Councilmay, fromtimeto time, scheduleamatterfor apublicmeeting. At the scheduledtime for public discussion, the City Council may statethe amountof time to be allotted for testimony from the public.
F. TIME LIMITATION FOR PUBLIC TESTIMONY AT PUBLIC HEARINGS AND
PUBLIC DISCUSSION
The City Councilmaylimit thetotal amountof time of testimonyonparticularissuesand for each individual speaker. Presentations for other than quasi-judicial hearings, are to be limited to no more than one 3 -minute presentation. More or lesstime maybeauthorizedby 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 designated representative of an organization in opposition thereof may be allowed a ten (10) minute presentation.
The City Councilreservestheright to determinethetotal amountof time for testimony on any particular hearingmatter and/or for eachindividual speaker.
For eachand 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 activatedat the startof a presentation; a yellow light will be activatedas a warning that one minute remains; when the red light is activated, the speaker shall ceasespeaking. In the further interest of time, speakerswill be asked 25 1
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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. Speakersmay 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 regulatedby the City Manager on occasionswhenthe Council Chambercapacityis likely to be exceeded. While the City Council is in session, membersof the public shall not remain standingin the seatingareaor aislesof the Council Chamber except to addressthe City Council, and sitting on the floor shall not be permitted.
B. ALTERNATE FACILITIES FOR CITY COUNCIL MEETINGS
If the City Managerhas reasonto anticipate that the attendancefor a meeting will be substantially greaterthan the capacity of the City Council Chamberand insufficient time exists to securethe approvalof the City Council to hold the meeting at an alternatefacility, the City Manager, or his or her designee, shall make arrangements for the use of a suitable alternate facility to which suchmeetingmay be moved.
Furthermore, if, becauseof fire, flood, earthquakeor otheremergency, it would be unsafe to meetin the customarylocation, themeetingsmaybeheldfor the durationof 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 communicationavailable at the time, in a notice to media organizations who have requested written notice of meetings.
XII
PROCEDURAL MATTERS
A. PERSONS AUTHORIZED TO SIT AT TABLES
No person, except officials, officers, employeesand agentsof the City shall be permitted to sit atthe tablesin front of the City Council without the consentof the City Council. 26 1
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B. DECORUM
It is thepolicyof theCity Councilthattherightto expressone'sviewsataCity Council meeting is fundamentalto a free society; however, it is not absoluteand is subjectto valid regulations. Thepublichasaright to addresstheCity Councilatanymeetingon anysubjectthat is within the City Council's subjectmatterjurisdiction and further, the public has the right to expressits criticism of the policies, procedures, programsor servicesof the City or its actsor omissions. Wemustbalancetheright of thepublicto addresstheCity Councilwith theneedto ensure that public comment does not hinder the smooth and efficient legislative function of the City Council.
No memberof thepublic shallapproachthespeaker'spodiumwhile the City Councilis in session, unlessspecificallyrequestedto do soby thepresidingofficer. Unruly conduct, such as undue noise, hissing, profanity, insult or physical disturbancewhich disrupts, disturbs or otherwiseimpedesthe orderly conductof the Council meetingshall not be permitted. Any personmaking personal, impertinent, slanderousor profane remarksto any member of the Council, staff or generalpublic which disrupts, disturbs, or otherwiseimpedesthe orderly conductof anyCouncilmeetingshall, at the discretionof thepresidingofficer or a majorityof the Council, be barredfrom further audiencebeforethe City Council at saidmeeting, unless permissionto continuebe grantedby amajority vote of theCouncil.
C. ENFORCEMENT OF DECORUM
Any law enforcementor securityofficerson dutyor whoseservicesarecommandedby thepresidingofficer shallbe Sergeant -at -Arms of the City Councilmeetings. The Sergeant - at - Arms shall carry out all ordersandinstructionsgiven by thepresidingofficer for the purposeof maintaining order and decorum at the City Council's meetings. Upon instructions of the presidingofficer, it shall be the duty of the Sergeant -of -Arms, or any of them present, to place anypersonwho violates the order anddecorumof themeetingunderarrest, andcausethe person to be prosecutedundertheprovisionsof applicablelaw, the complaintto be signedby the presiding officer.
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D. PRECEDENCE OF MOTIONS
When a questionis 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 adjournedto considerthe unfinished business. The purpose of a motion to adjourn is to terminatethe meeting forthwith, notwithstanding that thebusinesson the agenda hasnot been completed, andnotwithstanding a time fixed for adjournmenthasnot yet arrived. A motion to adjourn shall be in order at any time, exceptas follows: ( i) When repeated without intervening businessor discussion; (ii) when made as an interruption of a Councilmember while speaking; ( iii) whenthepreviousquestionhasbeenmoved; and (iv) while avote is being taken.
2. Motion To Lay 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 anyothermotion being considered, but to precludeanyothermotion being made.
A motion to tablerequiresa second, is not amendable, andis not debatable. The foregoing shall not precludeanyCouncilmemberfrom placingthe subjecton anagendafor a laterCity Council meeting.
3. Motion to Call for The Question ( Close Debate).
The Councilmembermoving any item before the City Council, including, the adoption of an ordinanceor resolution, or the Mayor Pro Tem, shall havethe privilege of moving to closethe debateandat onceto takethe vote on the immediatelypendingquestion. Sucha 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 afforded at least one opportunity to speakon the item before closing the debate. Themakingof themotion shallnot constituteaviolation of SectionV of theserules.
4. Motion To PostponeTo A Certain Time/ Day.
A motion to postponeto time certainis amendable, andis debatableasto the propriety of postponement and as to time set in the motion. The purpose of the motion is to postpone the 28 1
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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 substitutemotion will, by its own action, eliminate the necessityto vote on the motion being substituted. If the substitutemotion fails to pass, debatewill resumeon the motion previouslybeingcontested. Onlytwo substitutemotionsshallbeonthefloor atanytime.
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 definedasamendingamotionthatis on thefloor andhasbeenseconded, by inserting or 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. Motion To Reconsider.
A motion to reconsider any action taken by the City Council must be based upon a different stateof facts and must be madenot later than the secondsucceedingofficial 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 the time such reconsideration is heard by the City Council, testimony shall be limited to the alleged factsin supportof the motion. No questionshall be twice reconsidered, exceptby unanimousconsentof the City Council, except that action relating to any contractmay be reconsideredat any time before the final execution thereof.
Thesemotionsshallhaveprecedencein the orderindicated. Any suchmotion, exceptto 29 1
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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 debatefrom the chair, subjectonly to suchlimitations of debateasareby theserulesimposedon all members, andshall notbedeprivedof anyof therightsandprivilegesasamemberof theCity Councilby reasonof acting as the presiding officer.
2. Getting the Floor: Improper References to be Avoided: Every member desiring to speakshallutilize the electroniccall deviceto gaintheattentionandpriority of thepresiding officer, andupon 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 called to order, the Councilmembershall ceasespeaking until the question of order be determined, and, if in order, shall be permitted to proceed.
4. Division of Question: 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 presiding officer may, and upon request of a Councilmember shall ( unless appealed), divide the question.
5. Withdrawal of Motion: A motion may not be withdrawn by the mover without the consentof the Councilmembersecondingit.
6. Voting: On the passageof everymotion, the vote shall be takenby electronic voting device and entered in full upon the record. If the device is inoperable, the vote shall be takenby roll call voicevoterecordedby theCity Clerk. Thepresidingofficer shallannouncethe result of the vote. No membershallbe excusedfrom voting excepton mattersinvolving the consideration of the Councilmembers own official conduct, or where a conflict of interest exists.
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F. ADDRESSING THE CITY COUNCIL
Any persondesiring to addressthe City Council shall first securethe permissionof the presidingofficerto do so. Underthefollowingheadingsof business, unlessthepresidingofficer rules otherwise, any interestedperson shall have the right to addressthe City Council in accordancewith the following conditionsand upon obtainingrecognitionby the presiding officer:
1. Speakers. Any persondesiringto providepublic commentor public testimony, shall do so in accordance with Section X. C. Eachpersonaddressingthe City Council shall step up before the City Council and may give their name and neighborhood in an audible tone of voicefor therecord. All remarksshallbeaddressedto theCity Councilasabodyandnotto any Councilmember, Mayor or staff member thereof.
2. Written Communications. Interested parties or their authorized representatives may addressthe City Council by written communicationsin regard to matters of concern to them. Communicationsreceivedby theCity Clerkpriorto closeof businessonthedaypriorto a City Councilmeetingshallbe submittedto the City Councilat themeetingif relatedto anitem which is on the agendafor thatmeeting.
3. Public Hearings. Interestedpersonsor their authorizedrepresentativesmay addressthe City Councilby readingprotests, petitions, or communicationsrelatingto matters thenunderconsideration, subjectto thetime limitationsimposedby the City Council.
4. Public Comment. Interestedpersonsmay addressthe City Council on any issue concerningCity businessduring the period assignedto Oral Communications, exceptcomments relatingto appealsbeforetheCity CouncilwheretheCity Councilmustmakeits decisionbased on the written record or setthe matter for public hearing.
G. ADDRESSING THE CITY COUNCIL AFTER MOTION MADE
When a motion is pending before the City Council, no person other than a Councilmembershall addressthe City Council without first securingthe permissionof the presiding officer or City Council to do so.
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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 StandingCommitteesof the City Council entitled Development, Community Services and Youth, Finance, Governmental Affairs, Utility Services/ Land Use/Energy Development, Public Safety, Transportation, and Mayor' s Nominating and Screening.
2. Following each election and/or appointmentto fill a City Council vacancy, reorganizationof City Council Standing Committee and regional organizationalassignments shallbeconsideredby theMayor'sNominatingandScreeningCommitteefor arecommendation to the City Council.
3. Each Standing Committee shall be comprised of three members. Each Councilmember shall serve as Chair, Vice - Chair, and Member of three Committees, respectively.
4. The Mayor' s Nominating and ScreeningCommittee shall be comprised of the Mayor who shall serve as Chair and the members of the Governmental Affairs Committee. The Mayor'sNominating andScreeningCommitteeshall assistin theboard/commissionappointment processasprovidedin SectionXIV of this resolution, recommendto the City Council (a) nomineesfor the annualCity Spirit Award, (b) structure and/ or appointments to ad hoc citizen committeesasrequestedby theCity Council, and (c) anyothermattersreferredby the City Council or board/ commission.
5. For Standing Committee and regional organization appointments, preferences of senior elected officials shall be honored. However, with five (5) affirmativevotes, the City Council may appoint a non -senior member. The Mayor and Councilmembers shall forward preferenceson StandingCommitteeassignmentsto the City Clerk to be sharedat the Mayor's Nominating and ScreeningCommitteeMeeting.
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appointments. Remainingvacantpositionsandany appointmentdeclinedby an electedofficial shall be filled by seniority of electedofficials desiring suchappointments. 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" shallbehonoredasto theelectedoffice currentlyheld.
B. REFERRAL OF MATTERS TO CITY COUNCIL STANDING COMMITTEES
1. Generally, all items agendizedfor City Council StandingCommitteesmust first bereferredby theCity Councilfor reviewandarecommendationtotheCity Councilwithin. 120 days, subjectto theexceptionssetforthbeloworasotherwisemodifiedbytheCity Council.
2. The Annual Year -End Finance Report by the Public Utilities Department is automatically referred directly to the FinanceCommittee for review and a recommendationto the City Council within 120days.
3. All SuccessorAgencyto the RedevelopmentAgencymattersare automatically referred to the Development Committee for review and a recommendation to the Successor Agency to theRedevelopmentAgency Boardwithin 120days.
4. All requestsfor commentson projectswithin 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.
5. With the concurrenceof the Committee Chairpersonand the City Manager, an itemmaybesentdirectlyto aCouncilcommitteewithoutCity Councilreferral. If amatteris 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 Councilfor actionfollowing committee review. The below guidelines shall be considered for such referrals.
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Housing and Homelessness Housing andhomelessnesssolutions Economic Development, Placemaking,
and Branding/Marketing
Economic development, placemaking and
branding/marketing
Financial Performance and Budget
City Budget, MeasureZ, performancemeasures,
audits, and other financial matters
Inclusiveness, Community
Engagement, and Governmental
Processes
City boardandcommissionstructures, ethicsandother
policy matters
Mayor' sNominating & Screening
Committee
Nominations for appointments to City boards and
commissions and City Spirit Award; and following
eachelectionand/or appointmentto fill a City Council
vacancy, reorganization of City Council Standing
Committee and regional organization assignments
Safety, Wellness and Youth Public Safety, wellnessprograms, food sourcesand 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
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Land Use, Sustainability and
Resilience
resilience
6. Board and Commissions, by majority vote, may forward mattersto any City Council Standing Committee, as appropriate. The below guidelines shall be consideredfor 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
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Branding/Marketing
Financial Performance and Budget
Commission on Disabilities Safety, Health, Wellness, and Youth Financial Performance and Budget
Board of Ethics Inclusivenessand Community Engagement
Financial Performance and Budget
Human Relations Commission Mayor' sNominating and ScreeningCommittee Financial Performance and Budget
Human Resources Board Inclusivenessand Community Engagement Financial Performance and Budget
Board of Library Trustees Safety, WellnessandYouth
Financial Performance and Budget
Commission on Aging Safety, Wellness and Youth
Financial Performance and Budget
Museum of Riverside Board Safety, Wellness, andYouth
Financial Performance and Budget
Park and. Recreation Commission Safety, Wellness, andYouth Financial Performance and Budget
Planning Commission
Land Use, Sustainability, andResilience
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. ForvacanciesontheCommunityPoliceReviewCommission, Boardof Ethics, Planning CommissionandBoardof PublicUtilities, theMayor's NominatingandScreeningCommittee shall review applications submitted and identify applicants for interview with the Mayor and City Council. The City Clerk shallnotify theCity Councilof thoseselectedfor interview. The Mayor andeachmemberof the City Councilmay addan additionalapplicantfor interview, if desired. Appointmentsshallbemadeby theMayorandCityCouncilimmediatelyfollowingthe interviews. With a full quorum, five affirmative votes are required.
B. For Citywide vacancieson any of the remaining boards and commissions, the Mayor shall recommendan applicantfor appointmentby the Mayor and City Council. For Ward - specific seats, the Councilmember for the Ward shall recommend an applicant for appointment by theMayor andCity Council. With a full quorum, five affirmative votes are required. With less than a full quorum, four affirmative votes are required.
C. For appointmentsto City Council citizen ad hoc committees, the City Council shall affirmatively selectone of the following options:
1. Option 1: The Mayor' s Nominating and ScreeningCommitteeshall review the applicationssubmittedandidentify applicantsfor interviewwith the Mayor andCity Council.
The City Clerk shallnotify the City Council of thoseselectedfor interview. TheMayor andeach member of the City Council may add an additional applicant for interview, if desired. The Mayor andCity Council shallinterview, makethe appointmentsandselecttheChair; or
2. Option 2: By formal motion, the City Council shall authorizeeachmemberof the City Council to selecta member from their Ward andthe Mayor to selecttwo at -large members.
Theadhoc committeeshallelecta Chairfrom amongits members; or
3. Option 3: By formalmotion, anyothermethodof appointmentasdesiredby the City Council.
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D. Board/commissionmembersshallmakeeveryeffort to notify the Chairpersonor his/her designeenolaterthan24hourspriorto anyregularmeetingof his/herintentnotto attendsaid meeting. A member's inability to provide 24 hours advancenotice shall not preclude the board/commissionfrom exercisingits discretionto excusesaid absenceas outlined in Section 805 of the City Charter. If a member of a board or commission absents himself/ herself from threeconsecutiveregularmeetingsof suchboardor commission, unlessby permissionof such board or commission expressedin its official minutes, or is convicted of a crime of moral turpitude, or ceasesto be a qualifiedelectorof theCity, theoffice shallbecomevacantandshall besodeclaredby the City Council.
E. TheCityClerkshallprovidequarterlyattendancereportstotheMayorandCity 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, whetherexcusedor unexcused, from more than one-third of the regularly scheduled meetings in any calendar year.
G. Resignationsfrom City boardsandcommissionsshallbe effectiveimmediatelyupon receiptby theCity Clerk, whoshallthenforwardareceivedresignationto theCity Councilfor filing. Futureeffectivedatesnotedin writingandsubmittedaspartof, or with anyresignation, shall be honored to the extent the resignee remains eligible. Withdrawal of a resignation for desiredcontinuedservicemustbesubmittedto theCity Clerkin writingandmustincludethe reason for withdrawing. TheCity Clerkshallforwardanywithdrawalto theMayorandCity Council, who may consider and approve the withdrawal. A resignation shall remain in effect notwithstandingthe submissionof a withdrawal, unlessanduntil the Mayor andCity Council approve the withdrawal.
H. A partial term of more than one year shall be considered a full term. Residents appointed mid -yearto boardsandcommissionsshallservefull termsof upto andnot -to -exceedfouryear, expiring onMarch 1Stof the correspondingyear.
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XV
COUNCIL REQUESTS
A. All Council requestsdealing with policy issuesand those requestswhich may be construedasdirection, go throughtheCity Manager, exceptfor generalinquiriesor questionsin which casethe City Councilmay go to the DepartmentHeadsor key staff in the City Manager's Office. Councilmembersmay alsodealdirectly with theCity Attorney, City Clerk or otherstaff appointedby the City Council.
B. Any requestfrom theCity Councilrequiringfundingmustgo throughtheCity Manager.
The City Managerwill respondin a timely manner.
XVI
ADMINISTRATION
A. The City Council will review and revise the City Council norms and procedures as neededor every two ( 2) years.
B. During City Councildiscussions, deliberations, andproceedings, the Mayor hasbeen 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. 23618 is herebyrepealed.
ADOPTED by the City Council this 11thdayof April, 2023.
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
ATTEST:
DO E IA GAUSE
City Clerk of the City of Riverside
I, DonesiaGause, City Clerk of the City of Riverside, California, hereby certify that the foregoingresolutionwasduly andregularlyadoptedatameetingof theCity Councilof saidCity 39 1
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atitsmeetingheldonthe1lth dayof April, 2023, by thefollowingvote, to wit:
Ayes: Edwards, Cervantes, Fierro, Conder, Plascencia, Perry, Hemenway Noes:
Abstain:
Absent:
IN WITNESS WHEREOFI havehereuntosetmy hand andaffixed the official sealof the City of Riverside, California, this 12thday of April, 2023.
CA 23- 0341
DONE IA GAUSE
City Clerk of the City of Riverside
TABLE OF CONTENTS
I. 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 PresidingOfficer 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
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A. Mayor and City Council Conduct in General 6
B. Mayor and City Council Conduct with OneAnother 7
C. Mayor, City Council andCity ManagerConductwith 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 Boardsand Commissions 9 G. CouncilConductwith StandingCity CouncilCommittees 9
H. Mayor and City Council Conductwith the Media 9
I. Obtaining the Floor 10
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
IX. AGENDA 15
A. Declaration of Policy 15
B. Definitions 15
C. ProcedureFor Bringing MattersBefore City Council 16
1. PersonsWho May PlaceMatters on the Agenda 16
2. SchedulingPublic HearingsMandatedby State,
Federal or Local Statute 17
3. Submission of Agenda Items 17
4. Preparation of the Packet 17
5. Posting of Agenda 17
6. Distribution of the Packet 17
7. Failure to Meet Deadlines 18
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. ConsentCalendarItemsCalledup for Discussion 23
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C. Communications from the Audience 23
D. Public Hearings 24
E. Public Discussion 24
F. Time Limitation for Public TestimonyatPublic Hearings and Public Discussion 24
XI. FACILITIES 25
A. Council ChamberCapacity 25
B. Alternate Facilities for City Council Meetings 25
XII. PROCEDURAL MATTERS 26
A. Persons Authorized to Sit at Tables
B. Decorum
C. Enforcement of Decorum
D. Precedence of Motions
1. Motion to Adjourn
2. Motion to Lay On the Table
3. Motion to Call for the Question ( Close Debate)
4. Motion to Postponeto aCertainTime/Day5. Motion to Substitute
6. Motion to Amend
7. Motion to Reconsider
E. Rules of Discussion
1. Presiding Officer May Debate2. Getting the Floor3. Interruptions
4. Division of Question
5. Withdrawal of Motion
6. Voting
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F. Addressingthe City Council 30
1. Speakers 30
2. Written Communications 30
3. Public Hearings 30
4. Public Comment 31
G. Addressingthe City Council After Motion Made 31
XIII. CITY COUNCIL STANDING COMMITTEES AND REGIONAL
ORGANIZATION REPRESENTATION 31
A. StandingCommittee Number, Names, Composition, and
Appointments and Regional Organization Appointments 31
B. Referralof Matters to City Council StandingCommittees 32 XIV. BOARD, COMMISSION, AND COMMITTEES 36
XV. COUNCIL REQUESTS 38
XVI. ADMINISTRATION 38
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