1 RESOLUTION NO. 23976
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERSIDE, 3 CALIFORNIA, ESTABLISHING RULES OF PROCEDURE AND ORDER OF
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. 23618. 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
8 WHEREAS, there are certain basic rights of due process and opportunity to address 9 issueswith equity, fairness, and equalprotection of the law; and 10 WHEREAS, certain parliamentary procedures have been found to be useful in order to 11 assure that the communication and process of government are fair, reasonable, and just; and 12 WHEREAS, the City has a duty to proceed with the business of government in an 13 efficient and orderly fashion; and
14 WHEREAS, the City Council desiresto establishuniform norms andproceduresin order 15 to accomplish these goals.
16 BE IT RESOLVED by the City Council of the City of Riverside asfollows:
17 That the following shall be the Rules of Procedureand Orderof Businessof the City 18 Council, and shall govern all proceedings of the City Council therein described, subject to the 19 exceptions and deviations provided for in such rules. 20 Violation of theserules shall not be construedas a penal offense, excepting that breach of 21 thepeaceor willful failure to complywith thelawful ordersof the City Councilor its presiding 22 officer shall be punishable as misdemeanors under applicable law. 23 I
24 AUTHORITY
25 The Charter of the City of Riverside provides that the City Council shall determine its 26 own rules and order of business. By virtue thereof, and when not in conflict with the Charter of 27 theCity of RiversideandtheConstitutionandlawsof theStateof California, thefollowing setof 28 rules shall be in effect upon adoptionby the City Council and until suchtime as they are torney' s Office
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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 assure fair and equal treatment of all persons, claims and transactions coming before the City Council andBoards and Commissions.
III
ADVOCACY
A. City Council shall representthe official policiesor positionsof the City Council when designated as delegates for this purpose.
B. Whenrepresentingtheir individual opinionsandpositions, City Council shall explicitly statethey do not representthe City Council of the City, nor will they allow the inferencethat they do.
DUTIES
A. DUTIES OF MAYOR; MAYOR PRO TEMPORE
The Mayor shall be the presidingofficer at all meetingsof the City Council andshall haveavoicein all its proceedingsbut shallnotvoteexceptfor appointmentsto City Boards & Commissionsor to breaka City Counciltie -votewhich existsfor anycause. TheMayor shallbe the official head of the City for all ceremonial purposes. The Mayor shall have the primary but not exclusive responsibility for interpreting the policies, programs and needs of the city governmentto the people, and of informing the people of any major changein policy or program. The Mayor shall advise the City Council on all matters of policy and public relations andperformsuchotherdutiesasmaybeprescribedby theCity Charter. At anytime beforethe adjournment of a meeting, the Mayor may, by public declaration spreadupon the minutes of the 2 1 meeting, veto any formal action taken by vote of the City Council including any ordinance or 2 resolution, except an emergency ordinance, the annual budget or an ordinance proposed by 3 initiative petition. Thereupon, pending the vote to override the veto as herein provided, such 4 ordinance, resolution or action shall be deemed neither approved nor adopted. The Mayor shall, 5 no more than twenty days following the veto, provide to Council members, in writing, reasons 6 for the Mayor' s veto. If the Mayor fails to provide a written veto message within the time 7 allotted, the original action of the City Council shall stand. At any regular or adjournedmeeting 8 held not less than thirty days, nor more than sixty days after veto the City Council shall 9 reconsider such ordinance, resolution or action and vote on the question of overriding the veto. 10 Five affirmative votes shall be required for its adoption or approval. The Mayor shall have no 11 right to veto the veto override of any 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 determinedby 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 ProTemporeshallnothavethepowerto vetoactsof theCity Council. 22 In addition to the duties enumerated above, the Mayor Pro Tempore shall be responsible 23 for the coordinationof any specialor annualevaluationof the City Manager, City Attorney or 24 the City Clerk. Said responsibility may include but not be limited to the distribution, collection 25 and tabulation of any written evaluations; andthe calendaring of any closed sessionduring which 26 time the evaluations shall be conducted.
27 The Mayor Pro Tempore shall also use their best efforts to participate in the agenda - 28 settingmeeting, assetforth in Article IX(D) below, precedingeachCity Councilmeeting. torney' s Office
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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 businessof the City Council shall be taken up for considerationand disposition. 5 C. MOTIONS TO BE STATED BY PRESIDING OFFICER
6 When a motion is made, it shall be statedby 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 10 a member shall not, by conversationor otherwise, delay or interrupt the proceedingsor the peace 11 of the City Council nor disturb any member while speaking, nor refuse to obey the orders of the 12 City Council, or the presiding officer, except as otherwise herein provided. 13 E. VOTES REQUIRED TO TAKE ACTION
14 Unless ahigher 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 anitem of businessor the adoption of any ordinanceor resolution, or for the making or 17 approving of any order for the payment of money.
18 Any ordinance declaredby the City Council to be necessaryas an emergencymeasureas 19 hereinafter defined may be introduced and adopted at one and the samemeeting if passedby 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 supplementthe budget by motion adoptedby 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 24 to 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 27 matter on which the member is disqualified. Any member shall openly state that they are 28 abstaining becauseof a disqualifying financial or other conflict of interest. The Mayor or any torney'sOffice
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councilmember who is disqualified due to a financial interest shall publicly identify the financial interestin detail sufficient to be understoodby the public exceptthat disclosureof the exact street address of a residence is not required. As to any other conflict of interest, the member's determinationmaybeaccompaniedby anoralor writtendisclosureof suchconflictof interest.
A memberwhois disqualifiedby a conflictof interestin anymattershallnot remainin the member'schairduringthediscussionandvoteonsuchmatterunlessthematterhasbeenplaced on the consent agenda.
G. PARTICIPATION ON NON- PROFIT BOARDS OF DIRECTORS AND CONFLICTS OF INTEREST.
It shallbe thepolicy of this Council that the Mayor andmembersof the City Council should not serve as members of the board of directors of a non-profit corporation which is receivingor will bereasonablylikely in thefutureto seekand/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 the City Council at the time the City Councilis consideringthe contract with the non- profit corporation;
The public official' s interest as a member of the non-profit corporation' s board 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 serves as a non -compensatedmember of the board of director of a non-profit corporation, andthat the non-profit supportsfunctions of the City asone of 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 J
I member of the non- profit corporation' s board of directors must be noted in the official minutes 2 of the City Council meeting.
3 Further, the City Manager, City Attorney and City Clerk shall not serve as a member of 4 theboardof directorsof a non-profit corporationwhich is receivingor will be reasonablylikely 5 in the future to seekand/or receivefunding from the City of Riversideso as to avoid any 6 appearance of a conflict of interest.
7 H. MAYOR AND COUNCIL MEMBERS TO AVOID IMPROPER CONSIDERATION 8 OF 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 V
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 damagesthe perception of the City. 16 3. While the City Council is in sessionthe Mayor, Councilmembers and City staff 17 shall preserve strict order and decorum. Neither the Mayor nor any Councilmember shall delay 18 or interrupt the proceedingsof 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 expressdissent 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 respectthe opinion of the minority. torney' s Office
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6 1 7. The Mayor and City Council shall publicly sharesubstantiveinformation, which 2 theymayhavereceivedfrom sourcesoutsidethepublic decision-makingprocessthatis relevant 3 to amatter under considerationby 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 respectingdiverseopinions. 6 9. Councilmembers will allow room for dialogue. When discussingan agendaitem, 7 the City Council will allow the opportunity to dialogue with eachother to build consensuson 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 eachother's time. 14 2. All Councilmembershave the opportunity to speakand agreeto disagree. 15 3. The City Council will avoid negative comments that could offend other 16 Councilmembersduring public meetings, in the press, or any other time. 17 4. The City Council will practice civility and decorum in discussionsanddebate. 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 STAFF 21 1. Mayor and Councilmembers should always feel free to speak directly with the 22 City
23 Manager on matters of interest or concern to them.
24 2. The Mayor, City Council, City Manager and City Staff shall respectand adhereto 25 the City' s form of government, which is a Charter City operatingunder a Council -Manager form 26 of government, with the City Council acting as the legislative body of the City. The City 27 Council is the visionary policy maker and staff is responsible for implementation of City Council 28 policies.
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7 1 3. The City Councildirectsthe City Managerto implementCity Councilpolicy 2 decisionsthroughtheadministrativefunctionsof theCity. 3 4. TheMayorandCity Councilshalltreatstaffprofessionally. 4 5. When possible, the Mayor and City Council shouldattemptto seekanswersto 5 questionson an item on the agenda, from the City Manager, City Attorney, City Clerkor 6 Department/Division Headprior to themeeting.
7 6. TheMayor andCouncilmemberswill not getinvolvedin personnelissuesexcept 8 duringa closedsessionwherepersonnelissuesmaybe discussedor asotherwiseappropriate 9 concerningtheCity Manager, City Attorney, City Clerkor otherstaffappointedby the City 10 Council. This includeshiring, firing, promoting, disciplining, andall otherformsof personnel 11 matters.
12 7. If a Councilmemberis unhappyabouta departmentor anemployeehe/shemay 13 discussthesituationwiththeCityManager, AssistantCityManager, ortheCityAttorneyorCity 14 Clerk as appropriate.
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15 D. MAYOR AND CITY COUNCIL CONDUCT WITH THE PUBLIC
16 1. The Mayor and City Council will make the public feel welcome. 17 2. The Mayor and City Council shall not be partial, prejudiced or disrespectful 18 toward the public.
19 3. TheMayorandCityCouncilshouldnotmakesnappy, sarcasticcommentsto the 20 public or to each other.
21 4. TheMayorandCityCouncilshalltreatmembersofthepublicequally. 22 5. The Mayor andCity Council membersshall makeno promisesto the public on 23 behalfof theCity Council.
24 6. The Mayor and City Council shall not arguewith membersof the public. 25 7. TheMayorandCity Councilshalllistencourteouslyandattentivelyto allpublic 26 commentsbefore the City Council.
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8 I E. MAYOR AND CITY COUNCIL CONDUCT WITH OTHER AGENCIES 2 1. The Mayor and City Council shall be clear aboutrepresentingthe City or personal 3 interests to members of other agencies.
4 2. The Mayor and City Council shall project a positive image of the City when 5 dealing with other agencies.
6 3. The Mayor and individual Councilmembers can lobby or discuss with other 7 legislators, government officials or developersissuesthat havebeenadoptedby the City Council 8 or are City Council policy; they should not represent themselves as the City if it is only an 9 individual issue.
10 4. The Mayor and City Council shall show tolerance and respect for other agencies' 11 opinions and issues and agree to disagree with them when necessary. 12 F. MAYOR AND CITY COUNCIL CONDUCT WITH BOARDS AND COMMISSIONS 13 1. The Mayor and City Council works through the board/commission chairs. 14 2. The Mayor and City Council shall treat all membersof Boards and Commissions 15 with appreciation and respect.
16 3. It hasbeenthe practice of the Mayor and City Council to not participate in Board 17 and Commission meetings for the purpose of, and to avoid perception of, influencing the 18 outcome of said meetings.
19 G. COUNCIL CONDUCT WITH STANDING CITY COUNCIL COMMITTEES 20 1. GovernmentCode section 54952.2 defines a meeting of the legislative body of the 21 City of Riverside and provides certain limitations on the attendanceof its members. 22 2. A member of the City Council, who is not a member of the standing committee, 23 may attend an open and noticed meeting of a standing committee of the City Council, provided 24 that they attendonly asobserversand do not participate in any discussion. 25 H. MAYOR AND CITY COUNCIL CONDUCT WITH THE MEDIA
26 1. The Mayor and City Council shall never go " off the record", discuss information 27 pertaining to closedsessions, personnel, litigation or acquisition of property items, when dealing 28 with the media. Providing background information is acceptable. torney' s Office
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3 4 I. OBTAINING THE FLOOR
5 1. Any memberof theCity Councilwishingto speakmustfurtherobtainthefloor by 6 being recognized by the presiding officer. The presiding officer must recognize any 7 Councilmember who seeksthe floor when appropriately entitled to do so. 8 2. With the concurrenceof the presiding officer, a Councilmember holding the floor 9 may address a question to another Councilmember and that Councilmember may respond while 10 the floor is still held by the Councilmember asking the question. A Councilmember may opt not 11 to answer a question while another Councilmember has the floor. 12 VI
13 ROLE OF CITY STAFF
14 A. City staff will provide written analysis and information on all agendaitems prior to the h
15 meetings. Additionally, a copy of the materials, including technical reports will be available to 16 the public.
17 B. Staff will be availableto answerquestionsof the City Councilprior to andduring City 18 Council meetings.
19 C. Staff will respond to questions from the public during City Council meetings when 20 requestedto dosoby theMayor, City Council, or City Manager. 21 D. Staff will not arguewith the public or the City Council. 22 E. During City Council meetings staff shall turn off or switch any electronic equipment such 23 as pagers and cellular telephones to a silent mode.
24 F. Councilmembers and staff who participate in meetings with outsiders should be apprised 25 of anyfollow-up correspondenceto thatparty, particularlyif thereis somecontroversy; theCity 26 Manager and all Councilmembers should get copied on all correspondence. 27 f
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10 1 G. Staff will remain objective on issues. Staff should not be an advocate for issues unless 2 so directed by the City Council. Rather, they should promote or assist the efforts of City 3 Council.
4 H. Staff will inform City Council as soon aspossible of upcoming issues, particularly issues 5 thatwill impacttheCity significantlyandmaybe comingbeforeCity Councilonshortnotice. 6 I. Staff will provide each Councilmember with written notification of any meetings or 7 discussionsrelative to any development project in the Councilmember's respectiveward. Each 8 Councilmember may, at their option, follow up with staff regarding the details of the project and 9 any policy issuesthat may be coining before the City Council. 10 J. If only one or two Councilmembers feel something is controversial or a "hot" issue and it 11 may be coming before the City Council, the City Manager will inform the Mayor and the 12 Councilmembers whose ward the issue concerns.
13 K. The City Manager will advise management to become aware of and sensitive to 14 potentially political or controversial issuescoming before the City Council. 15 L. City staff will implement all City Council policies as directed by the City Manager; staff 16 will not implement any actions for the City without prior approval of the City Council and City 17 Manager.
18 VII
19 ROLE OF THE PUBLIC
20 A. Members of the public attending the City Council meetings are requestedto observe the 21 samerules anddecorum applicable to the City Council and staff. 22 B. All speakers must approach the podium when recognized by the presiding officer. 23 Members of the public shall only speak from the podium. 24 C. Members of the public shall turn off or switch any electronic equipment such as pagers 25 and cellular telephonesto a silent mode while attending a City Council meeting. 26 D. If a member of the public desires to provide written correspondence ( 11 copies 27 recommended) to the City Council, all such materials shall be given directly to the City Clerk 28 prior to themeeting, or if during the courseof themeeting, the materialsshallbe given to the torney' s Office
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City staff on the dais. At no time shall the public enter the well to provide the materials directly 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 appointed for the meeting and shall immediately call the City Council to order. Upon the arrival of the Mayor, the Mayor Pro Temporeshall immediatelyrelinquishthe chair at the conclusion of the businesspresently before the City Council.
B. ROLL CALL
Before the City Council shall proceed with the business before it, the City Clerk shall enter into the minutes the names of the Mayor and those Councilmembers present. The later arrival of any absenteeshall alsobe enteredinto the minutes.
C. QUORUM CALL
During the 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 recess for a reasonableperiod of time in order to reestablisha quorum or the meeting shall be 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 Tuesdays of each month, taking into consideration any legal holidays which may occur. There shall be no meeting on the fifth Tuesday of the month. For the months of July, August and September, meetings shall occur on the first and third Tuesdays of the month.
12 1 Regular meetings of the City Council shall cominence at approximately 1:00 p.m., and 2 shall include oral communication from the public followed by any closed sessions, workshops, 3 public hearings, or other business, as necessary. Public hearings shall commence at 4 approximately 3:00 p.m. Evening sessions shall begin at approximately 6: 15 p.m. and shall 5 include an additional period for oral communications from the public at 7:00 p.m. One meeting 6 each month shall be reserved for City Council workshops. City Council meetings may be 7 canceled for lack of agenda items.
8 The appointedhoursnotedhereinaresetforth for the convenienceof the City Council 9 and are subject to change.
10 E. ADJOURNED MEETINGS
11 The City Council may adjourn any regular, adjourned regular, special or adjourned 12 special
13 meeting to a time and place specified in the order of adjournment as permitted by law and in 14 compliance with Chapter 4. 05 of the Riverside Municipal Code. k 15 F. SPECIAL MEETINGS
16 The Mayor or a majority of the City Council may call a special meeting by providing 17 notice five ( 5) days in advanceof the meeting to the Mayor, all members of the City Council, to 18 all media outlets, and to personshaving requestednotification pursuant to Statelaw. 19 G. CLOSED SESSIONS
20 The City Clerk or his/her designeeshall attend each closed sessionof the City Council 21 and keep and enter in a minute book a record of topics discussed and decisions made at the 22 meeting. In the event of a closed session concerning personnel matters conducted in 23 conformance with California Government Code section 54957, the Mayor Pro Tempore or 24 his/ her designee shall enter in a minute book a record of the topics discussed and decisions made 25 at the meeting. The minute book is not a public record subject to inspection pursuant to the 26 California Public RecordsAct ( California GovernmentCode section 6250 et seq.), and shall be 27 kept confidential. The minute book shall be available only to membersof the legislative body or, 28 torney' s Office
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13 1 if a violation of California Government Code sections 54950 through 54962 is alleged to have 2 occurred at a closed session, to a court of generaljurisdiction wherein the local agencylies. 3 All proper matters discussedduring closedsessionsshall be private and confidential, and 4 the disclosureby anypersonof thetopicsor detailsof suchmattersis expresslyprohibited. If a 5 Councihnemberfeelsit is necessary, thenpreliminarynotesmay be takenwhich shouldnot be 6 kept as the Councilmembers permanent records. All closed session information, verbal or 7 written, is confidential and private.
8 H. EMERGENCY MEETINGS.
9 In the case of an emergency situation involving matters upon which prompt action is 10 necessarydue to the disruption or threateneddisruption of public facilities, the City Council may 11 hold an emergencymeeting without complying with either the 24-hour notice requirement or the 12 24-hour posting requirement of Section 54956 or both of the notice and posting requirement. 13 Each local newspaper of general circulation and radio or television station that has 14 requestednotice of special meetings pursuant to Section 54956 shall be notified by the presiding 15 officer of the legislative body, or designeethereof, one hour prior to the emergencymeeting, or, 16 in the caseof a dire emergency, at or near the time that the presiding officer or designeenotifies 17 the members of the City Council of the emergency meeting. This notice shall be given by 18 telephone and all telephone numbers provided in the most recent request of a newspaper or 19 station for notification of special meetings shall be exhausted. In the event that telephone 20 servicesarenot functioning, the notice requirementsof this section shall be deemedwaived, and 21 the legislative body, or designee of the legislative body, shall notify those newspapers, radio 22 stations, or television stations of the fact of the holding of the emergencymeeting, the purpose of 23 the meeting, and any action taken at the meeting as soon after the meeting as possible. 24 During an emergencymeeting, the City Council may meet in closed sessionpursuant to 25 Section54957if agreedto by atwo-thirdsvoteof themembersof theCity Councilpresent, or, if 26 less than two-thirds of the members arepresent, by an unanimous vote of the memberspresent. 27 All special meeting requirements, as prescribed in Section 54956 shall be applicable to an 28 emergency meeting, with the exception of the 24-hour notice requirement. torney' s Office
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14 1 The minutes of an emergencymeeting, a list of personswho the presiding officer of the 2 City Council, or designeeof the City Council, notified or attemptedto notify, a copy of the roll 3 call vote, and any actions taken at the meeting shall be posted for a minimum of ten days in a 4 public place as soon after the meeting as possible.
5 IX
6 AGENDA
7 A. DECLARATION OF POLICY
8 No ordinance, resolution, or item of business shall be introduced or acted upon before the 9 City Council at its meeting without it having been published on the agendaof the meeting and 10 posted in accordance with Riverside Municipal Code Title 4 and California Government Code 11 section 54954. 2( a) as the same now exist or hereafter amended. Exceptions to this rule are 12 limited to those provided by State law and matters of businessremaining uncompleted from a 13 regular meeting.
14 B. DEFINITIONS
15 For purposes of this section, the terms listed herein shall be defined as follows:
C J
16 1. " Agenda Item" means an item placed on the agenda irrespective of location ( save 17 and except for matters raised under Oral Communications) to be transactedor discussedby the 18 City Council. For purposes of this Section, any quasi-judicial appeals shall be considered action 19 items in accordance with California Government Code section 54952. 6 as the same now exists or 20 hereafter may be amended.
21 Each agenda item shall contain a brief general description of each item of business to be 22 transactedor discussedat the meeting in accordancewith California Government Code section 23 54954.2 as the same now exists or hereafter may be amended, whether the matter is to be 24 presented in Closed Session, on the Consent Calendar, the Discussion Calendar, the Public 25 Hearing Calendar, or such other time asmay be scheduled. 26 Eachagendaitem shallbe supported .by all relevantdocumentation, which may include 27 but not be limited to the following asapplicable:
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15 1 a. The need therefore and the department or departments involved or affected 2 thereby;
3 b. Recommendationof the City Manager, if applicable;
4 C. Comments of the City Attorney, if the item involves legal issues; 5 d. PastCity Council actionsor practices, if any, relating to suchmatter; 6 e. Pastlegislative history or hearings, if any;
7 f. Financial benefits or costs which would accrue to the City as a result of 8 the recommended action;
9 g. For awards of contracts, the contracts shall be prepared and presented; 10 h. If funds are requested, thebudgetary sourceof funds; 11 i. Person or persons to contact for further information; 12 j. Estimated balances shall be included for appropriations from General 13 Fund Contingency Reserveandsupplemental appropriationsfrom fund balance. 14 2. " Agenda" means the compilation of the descriptive titles of agenda items 15 submitted to the City Clerk, arrangedin the sequenceestablishedin Section IX. E. hereof. 16 3. " Packet" means the Agenda and all supporting documentation. 17 4. " EmergencySituation" meansboth of the following:
18 a. An emergency, which shall be defined as a work stoppage, crippling 19 activity, or other activity that severely impairs public health, safety, or both, as determined by a 20 majority of the membersof the City Council.
21 b. A dire emergency, which shall be defined as a crippling disaster, mass 22 destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and 23 significant that requiring a legislative body to provide one-hour notice before holding an 24 emergencymeeting may endangerthe public health, safety, or both, as determinedby a majority 25 of the members of the City Council.
26 5. " Items Carried Over" means items uncompleted from a prior agenda of a City 27 Council meeting.
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16 I C. PROCEDURE FOR BRINGING MATTERS BEFORE CITY COUNCIL 2 1. Persons Who MU Place Matters On The Agenda
3 Exceptfor matterspendingbeforeanycommittee, commissionor otheradvisorybody of 4 theCity or theCity Council, matterspertinentto andwithin thejurisdiction of theCity maybe 5 placedon the agendaby the Mayor, any Councilmember, the City Manager, City Attorney or 6 City Clerk.
7 2. Scheduling Public Hearings Mandated By State, Federal or Local Statute. 8 The City Clerk may schedule a public hearing at any available time and date in those 9 caseswhere State, Federalor local statutemandatesthe City Council hold apublic hearing. 10 3. Submission of Agenda Items.
11 Except for Items Carried Over, as a condition to placing an item on the Council' s agenda, 12 by theMayor, anyCouncilmember, theCity Manager, theCity AttorneyortheCity Clerk, a City 13 Councilreportshouldbepreparedandsubmittedto the City Clerk not laterthan 12:00 p.m. of 14 the fifteenth ( 15t") day prior to each regular City Council meeting at which the item shall be 15 heard.
16 4. Preparation of the Packet.
17 Not laterthan5:00p.m. twelve (12) daysprior to eachregularCity Councilmeeting, the 18 City Clerk shall prepare the packet. No item shall be considered by the City Council if not 19 included in the packet, except as provided in section 4. 05. 050 of the Riverside Municipal Code. 20 5. Posting of A egnda.
21 The City Clerkshallposttheagendaof eachCity CouncilRegularor AdjournedRegular 22 Meeting at least twelve ( 12) days in advanceof said meeting in a location that is freely 23 accessible to members of the public. The City Clerk shall maintain an affidavit indicating the 24 location, dateand time of posting eachagenda.
25 6. Distribution of the Packet.
26 Not laterthan6:30p.m. twelve (12) daysprior to eachregularCity Councilmeeting, the f
27 City Clerk shalldistributethe packetto theMayor, eachmemberof the City Council, the City 28 Manager and the City Attorney. Twelve (12) daysprior to eachregularCity Councilmeeting, torney' s Office
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17 1 the City Clerk shall distribute the packet to the designateddepartmentdirectors, and such other 2 personsor institutionsasthe City Clerkshalldeemnecessaryor appropriate. Paperor electronic 3 copies of the packet shall be made for the news media and such other organizations, agencies, 4 institutionsor personsasmaywish to subscribeto receiptthereof, andtheCity Clerk will make 5 the packet available electronically on the City' s webpage. 6 7
8 7. Failure to Meet Deadlines.
9 a. The City Clerk shall not, without the consent of the City Manager or City 10 Attorney, acceptanyagendaitem orrevisedagendaitem afterthedeadlinesestablishedhereby. 11 b. Supplemental Agenda And Related Materials Requirements For Regular Meetings 12 Of The City Council and City Council Standing Committees. Notwithstanding the notice 13 provisions of Section 4.05.050(A) of the Riverside Municipal Code, the City Council and City 14 Council Standing Committees, may amend or supplement a posted agenda or agenda -related 15 materialsno laterthan72 hoursbeforea regularmeetingandonly for the following reasonsor 16 under the following conditions:
17 ( i) to add an item due to an emergencyor urgency, provided the local body 18 makes the same findings as required by Section 4.05.050(D) of the Riverside Municipal Code 19 before taking action;
20 ( ii) to deleteor withdraw any item from a postedagendahowever, nothing 21 hereinshalllimit theability of alocalbodyto deleteor withdrawanitemduringthemeeting; 22 ( iii) to provide additional information to supplement the agenda - related 23 material previously published with the agenda provided that the additional information was not 24 known to staff or considered to be relevant at the time the agenda - related materials were filed. 25 Examples of supplementalmaterial permitted by this Section are reportsresponding to questions 26 or requestsraisedby membersof a local body afterpostingandfiling of the twelve -dayagenda 27 and materials, and analyses or opinions of the item by the Office of the City Attorney, any 6 28
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18 1 ( iv) to correct errors or omissions, or to change a stated financial amount, or to 2 clarify or conform the agenda title to accurately reflect the nature of the action to be taken on the 3 agenda time;
4 ( v) to continueanagendizeditem to a futureregularmeetingof thelocalbody 5 provided that members of the public are given an opportunity to addressthe local body on the 6 limited question whether to continue the item to a future meeting. 7 ///
8 C. Excuse Of Sunshine Notice Requirements. If an item appears on an agenda but 9 the local body fails to meet any of the additional notice requirementsunder this Section, the local 10 body may take action only if.
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i) The minimum notice requirements of the Riverside City Charter and the 12 Brown Act have been met; and,
13 ii) The local body, by a two- thirds vote of those members present, adopts a 14 motion determining that, upon consideration of the facts and circumstances, it was not 15 reasonably possible to meet the additional notice requirements under this Section and any one of 16 the following exists:
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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 19 meeting; or,
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b. there is a need to take immediate action which relates to federal, state, 22 countyor othergovernmentalagencylegislationor actionor the local body's eligibility for any grant or gift; or,
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c. the item relatesto a purely ceremonialor commendatory action. 25 (
iii) Notwithstanding the provisions of this subsection, if the Mayor or a 26 Council Member, with the concurrence of another Council Member, believe an item is urgent, 27 and the failure to meet any additional notice requirementswas due to:
a. the need to take immediate action, which came to the attention of the i 28
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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 than seventy-two (72) hours before the dateof the meeting; or, iv) The item is a closed session item relating to ongoing, proposed or threatened litigation.
d. Action On Items Not Appearing; On The A egnda. Notwithstanding subsection C) of this Section, a local body may take action on items not appearingon aposted agendaonly if..
i) The Matter Is An Emergency. Upon a determination by a majority vote of the local body that a work stoppage, crippling disaster or other activity exists which severely impairs public health, safety or both.
D. AGENDA - SETTING MEETING
1. The City Council agenda -settingmeetingnormally takesplaceon Wednesdays, andsetsthefollowing two City Councilagendas, but canberescheduled, if necessary.
2. The members include the Mayor, Mayor Pro Tem, City Manager, City Attorney, City Clerk, and Assistant City Managers. In the event that any of these representatives cannot attendthe meeting, they may senda representativein their place.
3. The City Clerk, as the City official who managesand publishes the agenda, shall serve as the chairperson.
4. The role of the Mayor and Mayor Pro Tem, in addition to collaborating as team 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.
20. 1 5. When a City Councilmember refers an item to be placed on the agenda, a 2 timeframe must be included. It will include the Councilmember' s name, and the specific type of 3 item requested ( action vs, discussion). City Councilitemsshouldalwaysbeconsideredapriority 4 for scheduling.
5 6. Any City Councilmember may attend at the invitation of the Mayor Pro Tem 6 ( provided it does not violate quorum rules).
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9 10 E. CONSENT CALENDAR
11 Thereshall be a consentcalendaron all regularmeeting agendason which shall be 12 includedthosematterswhichtheMayor, Councilmembers, andCity Managerdeemto beroutine 13 in nature andnot likely to be subjectto debateor inquiry. 14 All items for presentation on the consent calendar shall conform to the format, guidelines 15 and deadlines set out in Section B, above. On any matter not requiring immediate action, 16 Councilmembers are encouraged to utilize a Motion to Postpone to a Time/ Date Certain, as 17 opposed to a Motion to Table the matter, in order to have substantive issues addressed further. 18 It is the policy of the City Council that Councilmemberswishing to ask questions 19 concerning consentcalendaritems should ask questions of the City Manager or staff person who 20 submitted the report prior to the City Council meeting so that the need for discussionof consent 21 calendar items can be minimized.
22 F. AGENDA SEQUENCE AND ORDER OF BUSINESS
23 1. The City Council agendais to be arrangedin the following order and sections:
24 a. Workshops or Discussion Calendar.
25 b. Joint sessionof the City Council and all other related agenciesmeeting to 26 receive oral communications from the public regarding closed sessionagendaitems, or matters 27 within thejurisdiction of any such governing bodies. 28 C. Legislative report. is
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21 I d. Closed Sessions.
2 e. Public Hearings/ Land Use Appeals.
3 f. Brief reports on conferences, seminars and regional events; Ward updates; 4 Council comments; and announcementsof upcoming events. 5 g. Ceremonial Matters.
6 h. Public Comments from the audienceregarding consent calendar items or 7 matters within the jurisdiction of the City. Public Comment for afternoon sessionsstarting at 8 1:00 p.m. may occur approximately after 1:00 p.m., as agendized. Public Comment for 9 afternoon sessionsstarting at 3:00 p.m. may occur approximately after 3:00 p.m., as agendized. 10 Public Comment during an evening sessionmay commence approximately after 6:15 p.m., as 11 agendized. To the extent the agenda states a specific time for public comment, the times are 12 approximate and may be adjusted by the presiding officer to ensurean effective and efficient 13 business meeting of the City Council. Public Comment may be provided in - 14 person/telephonically or prior to the meeting by email/e-comment.
I 15 i. Consent Calendar.
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16 Removal of items from the ConsentCalendar, shall be followed by one motion for action 17 on uncontested Consent Calendar Items. Thereafter, removed consent items will be discussed 18 immediately after the Discussion Calendar.
19 j. Discussion Calendar.
20 k. Pulled consentcalendaritems, if any.
21 1. Mayor/ Councilmember Communications.
22 In. Adjournment.
23 X
24 CONDUCT OF MEETING
25 A. ORDER OF DISCUSSION
26 The order of discussion after introduction of an item by the presiding officer will be as 27 follows:
28 1. Generally
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22 1 a. Staff comments, information and reports, followed by questions from the 2 Mayor and Councilmembers.
3 b. Public comments and information followed by questions from the Mayor 4 and Councilmembers.
5 C. City Council discussion, motion andaction.
6 2. Public Hearings
7 a. Staff comments, information and reports, followed by questions from the 8 Mayor and Councilmembers.
9 b. Public comments and information followed by questions from the Mayor 10 and Councilmembers.
11 C. Closure of public hearing.
12 d. Mayor and Council discussion, motion and action.
13 3. Appeals/ Quasi- Judicial Hearings.
14 a. Staff comments, information and reports followed by questions from the 15 Mayor and Councilmembers.
16 b. Appellant/ proponent comments, information and reports followed by 17 questions from the Mayor and Councilmembers.
18 C. Public comments, information andreports from others wishing to speakon 19 the item followed by questionsfrom the Mayor and Councilmembers. 20 d. Closing statements by appellant/ proponent limited to addressing 21 comments made in opposition.
22 e. Closure of public testimony.
23 f. Mayor and City Council discussion, motion and action. 24 Oncethe agendaitem is placed before the City Council for discussion, motion andaction, 25 no staff member nor member of the public shall be allowed to addressthe City Council without 26 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 Manager may request that any matter be removed from the Consent Calendar. If a matter placed on a Consent Calendar at a regular businessmeetingis removed, 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 members of the public to addressthe City Council on any issue concerning City business, including closed session, consent calendar items, or item of interest that is within the subjectmatterjurisdiction of the City (" Oral Communications").
The Mayor and members of the City Council may:
1. Briefly respondto statementsmade or questionsposedby membersof the public.
2. Ask questions for clarification.
3. Provide a reference to staff or other resources for factual information.
4. Request staff to report back to the City Council at a subsequentmeeting on any matter.
5. Take action to direct staff to place a matter of business on a future agenda.
The City Council retains the right, by majority vote, to alter the time allotted for public remarks. 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 be heard may be submitted to the City Clerk any time prior to the conclusion of public comment on the agenda item. Each person speaking shall limit his/ her remarks to three ( 3) minutes. For each and every public speaker, the presiding officer shall be required to utilize the timing system which provides them with notice of their remaining time to complete their presentations.
24 1 D. PUBLIC HEARINGS
2 The City Council or City Clerk shall set the time and place for eachpublic hearing. In 3 theconductof thepublichearing, thepresidingofficer will directthosemakingpresentationsto 4 avoid repetition in order to permit maximum information to be provided the City Council within 5 the time allotted to the hearing.
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8 9 E. PUBLIC DISCUSSION
10 TheCity Councilmay, from time to time, schedulea matterfor apublic meeting. At the 11 scheduledtime for public discussion, the City Council may statethe amountof time to be 12 allotted for testimony from the public.
13 F. TIME LIMITATION FOR PUBLIC TESTIMONY AT PUBLIC HEARINGS AND 14 PUBLIC DISCUSSION
15 The City Council may limit the total amount of time of testimony on particular issuesand 16 for each individual speaker. Presentations for other than quasi-judicial hearings, are to be limited 17 to no more than one 3 -minute presentation. More or lesstime maybeauthorizedby a majority 18 of the City Council. For quasi- judicial hearings, presentations are to be limited as follows: an 19 appellant or applicant may be allowed one ten minute presentation and an additional five ( 5) 20 minutes for surrebuttal. A designated representative of an organization in opposition thereof 21 may be allowed a ten ( 10) minute presentation.
22 The City Councilreservestheright to determinethe total amountof time for testimony 23 on any particular hearingmatter and/or for eachindividual speaker. 24 For each and every public speaker, the presiding officer shall be required to utilize the 25 timing system which provides them with notice of their remaining time to complete their 26 presentations. A greenlight on the timing system will be activated at the start of a presentation; F
27 a yellow light will be activated as a warning that one minute remains; when the red light is 28 activated, the speaker shall cease speaking. In the further interest of time, speakers will be asked tomey'sOffice
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25 1 to limit their comments to new materials and not repeat what a prior speaker said. Organized 1 2 groups may choose a single spokespersonwho may speak for the group. Speakersmay not 3 concede any part of their allotted time to another speaker. 4 XI
5 FACILITIES
6 A. COUNCIL CHAMBER CAPACITY
7 Council Chamber attendance shall be limited to the posted seating capacity thereof. 8 Entrance to the Council Chamber will be appropriately regulated by the City Manager on 9 occasionswhen the Council Chamber capacity is likely to be exceeded. While the City Council 10 is in session, members of the public shall not remain standing in the seating areaor aisles of the 11 Council Chamber except to address the City Council, and sitting on the floor shall not be 12 permitted.
13 B. ALTERNATE FACILITIES FOR CITY COUNCIL MEETINGS
14 If the City Manager has reason to anticipate that the attendancefor a meeting will be 15 substantially greaterthan the capacity of the City Council Chamber and insufficient time exists 16 to securethe approval of the City Council to hold the meeting at an alternate facility, the City 17 Manager, or his or her designee, shall make arrangements for the use of a suitable alternate 18 facility to which suchmeeting may be moved.
19 Furthermore, if, becauseof fire, flood, earthquakeor other emergency, it would be unsafe 20 to meet in the customary location, the meetingsmay be held for the duration of the emergencyat 21 some other place specified by the City Manager or his or her designee. The change of meeting 22 site shall be announced, by the most rapid means of communication available at the time, in a 23 notice to media organizations who have requested written notice of meetings. 24 XII
25 PROCEDURAL MATTERS
26 A. PERSONS AUTHORIZED TO SIT AT TABLES
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27 No person, except officials, officers, employees and agentsof the City shall be permitted 28 to sit at the tablesin front of the City Council without the consentof the City Council. tomey' s Office
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26 I B. DECORUM
2 It is thepolicy of the City Councilthattheright to expressone'sviews at a City Council 3 meeting is fundamental to a free society; however, it is not absolute and is subject to valid 4 regulations. Thepublichasaright to addresstheCity Councilatanymeetingon anysubjectthat 5 is within the City Council' s subject matter jurisdiction and further, the public has the right to 6 expressits criticism of the policies, procedures, programsor servicesof the City or its actsor 7 omissions. Wemustbalancetheright of thepublic to addresstheCity Councilwith theneedto 8 ensure that public comment does not hinder the smooth and efficient legislative function of the 9 City Council.
10 No memberof thepublic shallapproachthespeaker'spodiumwhile the City Councilis 11 in session, unlessspecificallyrequestedto do soby thepresidingofficer. Unruly conduct, such 12 as undue noise, hissing, profanity, insult or physical disturbance which disrupts, disturbs or 13 otherwise impedes the orderly conduct of the Council meeting shall not be permitted. Any 14 person making personal, impertinent, slanderous or profane remarks to any member of the 15 Council, staff or generalpublic which disrupts, disturbs, or otherwiseimpedesthe orderly 16 conductof any Councilmeetingshall, at the discretionof thepresidingofficer or a majority of 17 the Council, be barredfrom further audiencebefore the City Council at said meeting, unless 18 permission to continue be grantedby a majority vote of the Council. 19 C. ENFORCEMENT OF DECORUM
20 Any law enforcementor securityofficerson duty or whoseservicesarecommandedby 21 thepresidingofficer shallbe Sergeant -at -Arms of the City Councilmeetings. The Sergeant - at - 22 Arms shall carry out all orders and instructions given by the presiding officer for the purpose of 23 maintaining order and decorum at the City Council's meetings. Upon instructions of the 24 presiding officer, it shall be the duty of the Sergeant -of -Arms, or any of them present, to place 25 any person who violates the order and decorum of the meeting under arrest, and causethe person 26 to be prosecutedunder the provisionsof applicablelaw, the complaintto be signedby the 27 presiding officer.
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D. PRECEDENCE OF MOTIONS
When a question is before the City Council, no motion shall be entertainedexcept:
1. Motion To Adjourn.
A motion to adjourn requires a second and is not debatable except to set the date and time to which the meeting is adjournedto consider the unfinished business. The purpose of a motion to adjourn is to terminate the meeting forthwith, notwithstanding that the businesson the agenda hasnot been completed, andnotwithstanding a time fixed for adjournmenthasnot yet arrived. A motion to adjourn shall be in order at any time, except as follows: ( i) When repeated without intervening businessor discussion; (ii) when made as an interruption of a Councilmember while speaking; ( iii) when the previous question hasbeenmoved; 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 discussion on any other motion being considered, but to preclude any other motion being made.
A motion to table requires a second, is not amendable, and is not debatable. The foregoing shall not preclude any Councilmember from placing the subject on an agendafor a later City Council meeting.
3. Motion to Call for The Question ( Close Debate).
The Councilmember moving any item before the City Council, including, the adoption of an ordinance or resolution, or the Mayor Pro Tem, shall have the privilege of moving to close the debateand at onceto take the vote on the immediately pending question. 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 Councilmember be afforded at least one opportunity to speak on the item before closing the debate. The making of the motion shall not constitute a violation of SectionV of theserules.
4. Motion To Postpone To A Certain Time/ D.
A motion to postponeto time certain is amendable, and is debatableasto the propriety of postponement and as to time set in the motion. The purpose of the motion is to postpone the NN.
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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 substitute motion will, by its own action, eliminate the necessity to vote on the motion being substituted. If the substitutemotion fails to pass, debatewill resumeon the motion previouslybeingcontested. Only two 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 definedasamendinga motionthatis 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 state of facts and must be made not later than the second succeeding official regular meeting of the City Council. Such a motion can only be made by a member who 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 reconsider is made at the same Council 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 facts in support of the motion. No question shall be twice reconsidered, except by unanimous consent of the City Council, except that action relating to any contract may be reconsidered at any time before the final execution I thereof.
Thesemotions shall have precedencein the order indicated. Any suchmotion, except to 29 I
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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, subject only to such limitations of debateasareby theserules imposed on all members, and shall 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, and upon recognition by the presiding officer, shall confine him/herself to the question under debate, avoiding all personalities andindecorouslanguage.
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 Councilmember secondingit.
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 membershall be excusedfrom voting excepton mattersinvolving the consideration of the Councilmembers own official conduct, or where a conflict of interest exists.
Refusal to vote without excuse shall be an affirmative vote.
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F. ADDRESSING THE CITY COUNCIL
Any person desiring to addressthe City Council shall first securethe permission of the presidingofficer to do so. Underthefollowing headingsof business, unlessthepresidingofficer rules otherwise, any interestedperson shall have the right to addressthe City Council in accordancewith the following conditions and upon obtaining recognition by the presiding officer:
1. Speakers. Any persondesiringto providepublic commentor public testimony, shall do so in accordance with Section X. C. Eachperson addressingthe 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 Councilasabodyandnot to any Councilmember, Mayor or staff member thereof.
2. Written Communications. Interested parties or their authorized representatives may addressthe City Council by written communications in regard to matters of concern to them. Communicationsreceivedby theCity Clerkprior to closeof businessonthedayprior to a City Councilmeetingshallbe submittedto the City Councilat themeetingif relatedto anitem which is on the agendafor that meeting.
3. Public Hearings. Interested persons or their authorized representatives may addressthe City Councilby readingprotests, petitions, or communicationsrelatingto matters then under consideration, subjectto the time limitations imposed by the City Council.
4. Public Comment. Interested personsmay addressthe City Council on any issue concerning City businessduring the period assignedto Oral Communications, except comments 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.
31 XIII
1 CITY COUNCIL STANDING COMMITTEES AND REGIONAL
2 ORGANIZATION REPRESENTATION
3 A. STANDING COMMITTEE NUMBER NAMES COMPOSITION AND
4 APPOINTMENTS AND REGIONAL ORGANIZATION APPOINTMENTS
5 1. There shall be eight Standing Committees of the City Council entitled 6 Development, Community Services and Youth, Finance, Governmental Affairs, Utility 7 Services/ Land Use/Energy Development, Public Safety, Transportation, and Mayor' s 8 Nominating and Screening.
9 2. Following each election and/or appointmentto fill a City Council vacancy, 10 reorganization of City Council Standing Committee and regional organizational assignments 11 shallbe consideredby theMayor'sNominatingandScreeningCommitteefor arecommendation 12 to the City Council.
13 3. Each Standing Committee shall be comprised of three members. Each 14 Councilmember shall serve as Chair, Vice - Chair, and Member of three Committees, 15 respectively.
16 4. The Mayor' s Nominating and Screening Committee shall be comprised of the 17 Mayor who shall serve as Chair and the members of the Governmental Affairs Committee. The 18 Mayor' s Nominating and ScreeningCommittee shall assistin the board/commission appointment 19 processas provided in SectionXIV of this resolution, recommendto the City Council ( a) 20 nominees for the annual City Spirit Award, ( b) structure and/ or appointments to ad hoc citizen 21 committeesasrequestedby the City Council, and (c) anyothermattersreferredby the City 22 Council or board/ commission.
23 5. For Standing Committee and regional organization appointments, preferences of 24 senior elected officials shall be honored. However, with five (5) affirmativevotes, the City 25 Council may appoint a non -senior member. The Mayor and Councilmembers shall forward 26 preferenceson StandingCommitteeassignmentsto the City Clerk to be sharedat the Mayor's 27 Nominating and ScreeningCommittee Meeting.
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32 I appointments. Remaining vacant positions and any appointment declined by an elected official 2 shall be filled by seniority of elected officials desiring such appointments. There shall be no 3 limitation to the number of appointments as " Alternate" to regional organizations. The 4 provisions of this section shall not apply to organizations where the City Council is not the 5 appointing authority.
6 " Seniority" shall be honored asto the electedoffice currently held. 7 B. REFERRAL OF MATTERS TO CITY COUNCIL STANDING COMMITTEES 8 1. Generally, all items agendizedfor City Council Standing Committees must first 9 bereferredby theCity Councilfor reviewandarecommendationto theCity Councilwithin. 120 10 days, subjectto theexceptionssetforthbelowor asotherwisemodifiedby theCity Council. 11 2. The Annual Year -End Finance Report by the Public Utilities Department is 12 automatically referred directly to the Finance Committee for review and a recommendation to 13 the City Council within 120days.
14 3. All SuccessorAgency to the RedevelopmentAgency mattersare automatically 15 referred to the Development Committee for review and a recommendation to the Successor 16 Agency to the RedevelopmentAgency Board within 120 days. 17 4. All requestsfor comments on projects within the City' s sphereof influence are 18 automatically referred to the Utility Services/ Land Use/Energy Development Committee for 19 review and submission of comments to the County of Riverside or as a recommendation to the 20 City Council astime permits.
21 5. With the concurrence of the Committee Chairperson and the City Manager, an 22 itemmaybesentdirectlyto a Councilcommitteewithout City Councilreferral. If amatteris so 23 referred to a Council committee, the committee agenda will note such fact on the face of the 24 agenda. Suchreferralsarenot requiredto be forwardedto the City Councilfor actionfollowing 25 committee review. The below guidelines shall be considered for such referrals. 26 27
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Policy Committee
91 Types of Items Referred to the Committee
Housing and Homelessness Housing andhomelessnesssolutions Economic development, placemaking and
branding/marketing
Economic Development, Placemaking,
and Branding/ Marketing
City Budget, MeasureZ, performancemeasures,
audits, and other financial matters
Financial Performance and Budget
Inclusiveness, Community City board and commission structures, ethics and other Engagement, and Governmental policy matters
Processes
Nominations for appointments to City boards and
Mayor' sNominating & Screening commissions and City Spirit Award; and following Committee eachelection and/or appointment to fill a City Council vacancy, reorganization of City Council Standing
Committee and regional organization assignments
Safety, Wellness and Youth Public Safety, wellnessprograms, food sourcesand 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
6. Board and Commissions, by majority vote, may forward matters to any City Council Standing Committee, as appropriate. The below guidelines shall be considered for such referrals.
BOARD/ COMMISSION CITY COUNCIL COMMITTEE
Airport Commission Mobility and Infrastructure and Financial Performance and Budget
Financial Performance and Budget
Budget Engagement Commission
Community Police Review Commission Safety, Wellness, and Youth 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, Wellness and Youth
Financial Performance and Budget
Commission on Aging Safety, Wellness and Youth
Financial Performance and Budget
Museum of Riverside Board Safety, Wellness, and Youth
Financial Performance and Budget
Park and. Recreation Commission Safety, Wellness, and Youth Financial Performance and Budget
Planning Commission
Land Use, Sustainability, and Resilience
Economic Development, Placemaking, and
Branding/ Marketing
Financial Performance and Budget
Board of Public Utilities
Mobility and Infrastructure
Financial Performance and Budget
Transportation Board Mobility and Infrastructure
Financial Performance and Budget
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2 XIV
3 BOARDS, COMMISSIONS, AND COMMITTEES
4 A. For vacanciesonthe CommunityPoliceReviewCommission, Boardof Ethics, Planning 5 CommissionandBoardof Public Utilities, the Mayor's NominatingandScreeningCommittee 6 shall review applications submitted and identify applicants for interview with the Mayor and 7 City Council. The City Clerk shallnotify theCity Councilof thoseselectedfor interview. The 8 Mayor andeachmemberof the City Councilmay addan additionalapplicantfor interview, if 9 desired. Appointmentsshallbemadeby theMayor andCity Councilimmediatelyfollowing the 10 interviews. With a full quorum, five affirmative votes are required. 11 B. For Citywide vacancies on any of the remaining boards and commissions, the Mayor 12 shall recommendan applicantfor appointmentby the Mayor and City Council. For Ward - 13 specific seats, the Councilmember for the Ward shall recommend an applicant for appointment 14 by theMayor andCity Council. With a full quorum, five affirmative votes are required. With 15 less than a full quorum, four affirmative votes are required. 16 C. For appointmentsto City Council citizen ad hoc committees, the City Council shall 17 affirmatively selectone of the following options:
18 1. Option 1: The Mayor' s Nominating and Screening Committee shall review the 19 applicationssubmittedandidentify applicantsfor interview with the Mayor andCity Council. 20 The City Clerk shall notify the City Council of those selectedfor interview. The Mayor and each 21 member of the City Council may add an additional applicant for interview, if desired. The 22 Mayor and City Council shall interview, make the appointmentsand selectthe Chair; or 23 2. Option 2: By formal motion, the City Council shall authorize eachmember of the 24 City Council to selecta member from their Ward and the Mayor to selecttwo at -large members. 25 The adhoc committee shall elect a Chair from amongits members; or 26 3. Option 3: By formal motion, anyothermethodof appointmentasdesiredby the 27 City Council.
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37 1 D. Board/commissionmembersshallmakeeveryeffort to notify the Chairpersonor his/her 2 designeenolaterthan24hourspriorto anyregularmeetingof his/herintentnotto attendsaid 3 meeting. A member's inability to provide 24 hours advance notice shall not preclude the 4 board/commission from exercising its discretion to excuse said absenceas outlined in Section 5 805 of the City Charter. If a member of a board or commission absents himself/ herself from 6 threeconsecutiveregularmeetingsof suchboardor commission, unlessby permissionof such 7 board or commission expressed in its official minutes, or is convicted of a crime of moral 8 turpitude, or ceasesto be a qualifiedelectorof theCity, theoffice shallbecomevacantandshall 9 be so declaredby the City Council.
10 E. TheCity Clerkshallprovidequarterlyattendancereportsto theMayorandCity Council. 11 F. The City Clerk shall notify the Mayor for Citywide seats and the appropriate 12 Councilmember for Ward specific seats for direction to be taken in the event of either of the 13 following conditions: ( a) a board/ commission member is absent unexcused from three 14 consecutive regular meetings of the board/ commission; or ( b) a board/ commission member is 15 absent, whetherexcusedor unexcused, from more than one-third of the regularly scheduled 16 meetings in any calendar year.
17 G. Resignationsfrom City boardsand commissionsshall be effective immediatelyupon 18 receiptby theCity Clerk, who shallthenforwarda receivedresignationto the City Council for 19 filing. Futureeffectivedatesnotedin writing andsubmittedaspartof, or with anyresignation, 20 shall be honored to the extent the resignee remains eligible. Withdrawal of a resignation for 21 desiredcontinuedservicemustbe submittedto the City Clerk in writing andmust includethe 22 reason for withdrawing. The City Clerk shall forward any withdrawalto the Mayor and City 23 Council, who may consider and approve the withdrawal. A resignation shall remain in effect 24 notwithstandingthe submissionof a withdrawal, unlessanduntil the Mayor andCity Council 25 approve the withdrawal.
26 H. A partial term of more than one year shall be considered a full term. Residents appointed 27 mid -yearto boardsandcommissionsshallservefull termsof up to andnot -to -exceedfour year, c 28 expiring on March 1Stof the correspondingyear.
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COUNCIL REQUESTS
A. All Council requestsdealing with policy issuesand those requestswhich may be construedasdirection, go throughtheCity Manager, exceptfor generalinquiriesor questionsin which casethe City Council may go to the Department Headsor key staff in the City Manager's Office. Councilmembersmay also deal directly with the City Attorney, City Clerk or other staff 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 needed or every two ( 2) years.
B. During City Council discussions, deliberations, andproceedings, the Mayor has been designatedwith the primary responsibility to ensurethat the City Council, staff and members of the public adhere to the Council' s norms and procedures.
BE IT FURTHER RESOLVED that Resolution No. 23618 is hereby repealed.
ADOPTED by the City Council this 11th day of April, 2023.
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
ATTEST:
DO EIA GAUSE
City Clerk of the City of Riverside
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoingresolutionwasduly andregularlyadoptedatameetingof theCity Councilof saidCity 39 1
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at itsmeetingheldonthe11thdayof April, 2023, by thefollowing vote, to wit:
Ayes: Edwards, Cervantes, Fierro, Conder, Plascencia, Perry, Hemenway Noes:
Abstain:
Absent:
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this 12th day of April, 2023.
DONE IA GAUSE
City Clerk of the City of Riverside
CA 23- 0341
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 Presiding Officer..................................................4 D. Decorum....................................................................................................... 4 E. Votes Required to Take Action.................................................................... 4 F. Voting Disqualification................................................................................ 4 G. Participation on Non -Profit Boards of Directors and Conflicts of Interest . 5 H. Mayor and Council Members to Avoid Improper Consideration of Pending or Contemplated Matters........................................................... 6 V. ROLE OF THE MAYOR AND CITY COUNCIL.............................................................. 6 1 A. Mayor and City Council Conduct in General.............................................. 6 B. Mayor and City Council Conduct with One Another2 7
C. Mayor, City Council and City Manager Conductwith Staff.......................7 3 D. Mayor and City Council Conduct with the Public.......................................8 E. Mayor and City Council Conduct with Other Agencies ..............................8 4 F. Mayor and City Council Conduct with Boardsand Commissions..............9 G. Council Conduct with StandingCity Council Committees5 9 H. Mayor and City Council Conductwith the Media.......................................9 6 I. Obtaining the Floor.................................................................................... 10 7 VI. ROLE OF CITY STAFF.................................................................................................... 10 8 VII. ROLE OF THE PUBLIC................................................................................................... 11 9 VIII. MEETINGS 12
10 A. Call to Order - Presiding Officer
11 B. Roll Call..................................................................................................... 12 C. Quorum Call............................................................................................... 12 12 D. City Council Meeting Schedule.................................................................12 E. Adjourned Meetings.................................................................................. 13 13 F. Special Meetings........................................................................................ 13 14 G. Closed Sessions.......................................................................................... 13 H. Emergency Meetings................................................................................. 14 15 a
16 17
IX. AGENDA........................................................................................................................... 15 18 A. Declaration of Policy.................................................................................15 B. Definitions.................................................................................................. 15 19 C. ProcedureFor Bringing Matters Before City Council...............................16 20 1. PersonsWho May PlaceMatters on the Agenda ...........................16
2. Scheduling Public Hearings Mandatedby State,
21 Federal or Local Statute................................................................. 17
3. Submission of Agenda Items......................................................... 1722
4. Preparation of the Packet............................................................... 17 23 5. Posting of Agenda..........................................................................17
6. Distribution of the Packet.............................................................. 17 24 7. Failure to Meet Deadlines.............................................................. 18 D. Agenda -Setting Meeting............................................................................2025 E. Consent Calendar....................................................................................... 21 26 F. Agenda Sequence and Order of Business.................................................. 21 27 X. CONDUCT OF MEETING............................................................................................... 22 28 A. Order of Discussion................................................................................... 22 B. ConsentCalendar Items Called up for Discussion
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C. Communications from the Audience......................................................... 23 D. Public Hearings.......................................................................................... 24 E. Public Discussion....................................................................................... 24 F. Time Limitation for Public Testimony at Public Hearings and Public Discussion................................................................................ 24 XI. FACILITIES...................................................................................................................... 25 A. Council Chamber Capacity........................................................................25 B. Alternate Facilities for City Council Meetings..........................................25 XII. PROCEDURAL MATTERS............................................................................................. 26 A. Persons Authorized to Sit at Tables.......................................................... 26 B. Decorum.................................................................................................... 26 C. Enforcement of Decorum.......................................................................... 27 D. Precedence of Motions.............................................................................. 27
1. Motion to Adjourn ......................................................................... 27
2. Motion to Lay On the Table.............................. ............................. 27
3. Motion to Call for the Question ( Close Debate) ............................ 28
4. Motion to Postponeto a Certain Time/Day...................................28
5. Motion to Substitute....................................................................... 28
6. Motion to Amend.......................................................................... 28
7. Motion to Reconsider.................................................................... 29 E. Rules of Discussion.................................................................................... 29
1. Presiding Officer May Debate.......................................................29
2. Getting the Floor........................................................................... 29
3. Interruptions.................................................................................. 29
4. Division of Question..................................................................... 29
5. Withdrawal of Motion.................................................................... 30
6. Voting............................................................................................ 30 F. Addressing the City Council.....................................................................30
1. Speakers........................................................................................ 30
2. Written Communications.............................................................. 30
3. Public Hearings............................................................................. 30
4. Public Comment........................................................................... 1 1 G. Addressing the 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. Referral of Matters to City Council Standing Committees ......................32 XIV. BOARD, COMMISSION, AND COMMITTEES........................................................... 36 XV. COUNCIL REQUESTS.................................................................................................... 38 XVI. ADMINISTRATION........................................................................................................ 38 42