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HomeMy WebLinkAboutResolution No. 92-R1900 00 RESOLUTION NO. 92-R19 A JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, CALIFORNIA, AMENDING RESOLUTION 92-C29 REGARDING RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL AND AGENCY BOARD MEETINGS WHEREAS: The Council and Agency have previously adopted rules to govern Council and Agency Board meetings; and WHEREAS: The Council and Agency Board are desirous of amending said rules to require all participants to submit requests to speak during public participation prior to the start of the meeting; and WHEREAS: The Council and Agency Board have previously adopted Resolution 92-C29 which adopted a revised set of Rules of Order and the Council and Agency Board wish to amend Resolution 92-C29 to adopt the revised rules contained herein. THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. MEETING TIMES The regular meetings of the City Council of the City of Azusa shall be on the first and third Mondays beginning at 7:30 P.M. provided that whenever the time for holding any of the meetings falls on a holiday, the meeting shall be held on the next business day unless otherwise ordered by the Council. The sessions shall be held in the City Hall of the City of Azusa unless otherwise ordered by the City Council. SECTION 2. AGENDA A. A written agenda shall be prepared for each regular and adjourned regular meeting of the Council, Redevelopment Agency and Industrial Development Authority. B. The agenda must contain a brief general description of each item of business to be transacted or discussed at that meeting. C. Each agenda shall contain a clear statement of the time and location of the meeting as well as a statement that reports and documents relating to each agenda item are on file in the office of the City Clerk and are available for public inspection. D. The agenda shall be posted not less than 72 hours in advance of the regular or adjourned regular meeting to which it relates. E. The agenda shall be posted in a location freely accessible to the public in the City Clerk's Office, Azusa Public Library and Police Department. The person posting the agenda shall complete and sign a certificate of posting. F. In addition to other notice requirements, the call and notice of a special meeting shall be posted at the locations specified in subparagraph E. Where feasible, an agenda shall be prepared for the special meeting in accordance with the procedures described in this paragraph. G. Emergency meetings pursuant to Government Code Section 54956.5 and other applicable law can be held without complying with the agenda requirements of this paragraph. 8546.1 -1- 00 00 H. Agenda policy as established by the City Council allows the Mayor to add or delete items from the agenda. I. The Council shall not take any action on any item which does not appear on the posted agenda except as follows in accordance with Government Code Section 54956.5: 1. Emergency Situation. An emergency situation is defined as a work stoppage or other activity which severely impairs public health, safety or both, or a crippling disaster which severely impairs public health, safety, or both. Before proceeding to act upon an emergency item not appearing on the agenda, the Council shall by a majority vote determine than an emergency situation exists and that prompt action is required by the Council. The Council shall include in the minutes of its meeting the facts upon which it relied in finding the existence of an emergency situation. 2. "Subsequent Need" Items. The Council may act upon an item not appearing on the agenda if it finds, by a two-thirds vote or by a unanimous vote if less than two-thirds but more than a quorum of its members are present, that the need to take action on the non -agenda item is required because the need to act arose after the posting of the agenda. If such a determination is to be made, a statement of facts upon which the determination is based shall be included in the minutes supporting the action taken. 3. Held Over Items. Items not appearing on the posted agenda may be acted upon at a meeting if: (a) the item appeared on a properly posted agenda for a previous meeting; and (b) the previous meeting occurred not more than five calendar days prior to the date of the meeting at which the item is proposed to be considered; and (c) the item was continued from the previous meeting to the meeting at which action is proposed to be taken. SECTION 3. PUBLIC PARTICIPATION A. ITEMS TO BE PLACED ON AGENDA 1. Persons desiring to place items on the Agenda shall submit a request, in writing, to the City Clerk by 12:00 noon of the business day at least five days prior to any regularly scheduled or adjourned City Council meeting (e.g. for regular Monday meetings this would be 12:00 noon on the preceding Wednesday) stating the nature of business and as much detail as possible. 2. Person/Group will be limited to three (3) minutes maximum time to orally present their request. The person shall be allowed to speak without interruption during the three (3) minute period, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his or her 854-6.1 -2- B. C. so 00 comments. No speaker may assign their minutes to any other person. AGENDA ITEMS 1. Persons who wish to speak on an agenda item except as provided in Section 5 shall fill out a card requesting to speak on the item. 2. The card shall be submitted to the City Clerk by 7:30 p.m. on the night of the meeting. The City Clerk shall present all such requests to the Mayor prior to the time the item is called. 3. After the Mayor calls the item for consideration and the staff report is presented, the Mayor shall call on persons who have submitted a card to speak on the item. 4. Each person speaking shall be limited to a maximum of three minutes. The person shall be allowed to speak without interruption during the three minute period. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his or her comments. No speaker may assign their minutes to any other person. 5. The Mayor, with the consent of the Council, may establish a maximum period of time for public comment on an agenda item. 6. There shall be no public input once the Council starts deliberation on the agenda item unless the Council requests additional information from either Staff or the public. PUBLIC HEARINGS 1. Staff shall first present its report on the matter. The applicant, if one exists for the matter, shall then be permitted to make its presentation to the Council. 2. Members of the public shall then be permitted to speak on the matter. 3. Each person speaking shall give his or her name and address for the record. 4. Each person speaking, other than the applicant, shall be limited to three (3) minutes. The person shall be allowed to speak without interruption during the three minute period, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his or her comments. No speaker may assign their minutes to any other person. 5. Applicant shall be given an opportunity for rebuttal following public comment. 6. The Mayor, with the consent of the Council, may establish a maximum period of time for public testimony during the hearing. 8546.1 -3- 00 00 7. Mayor may ascertain if there are a good number of persons for or against the matter, and if so, to request that they appoint a spokesperson. 8. There will be no public input once the Council starts deliberation on the matter before them unless Council requests additional information from either Staff or the public. 9. The Council shall close the public hearing by motion. 10. The Council may, by motion, continue the public hearing to a specific date and time. Such motion may be made either before or after the close of the public hearing and, if made after the close of the public hearing shall automatically rescind the motion closing the public hearing. D. NON -AGENDA ITEMS - PUBLIC PARTICIPATION 1. Persons desiring to discuss an item not on the Agenda on the evening of the meeting shall submit to the City Clerk by 7:30 p.m. on the night of the meeting a card indicating the nature of the item and who will speak. 2. The City Clerk will present all such requests to the Mayor prior to the meeting. 3. Persons may address the City Council only on items pertaining to the subject matter jurisdiction of the City. A determination of whether an item is appropriate for discussion shall be made by the Mayor with the consent of the Council. 4. Council will hear the non -agenda items during the Public Participation portion of the meeting. 5. Persons addressing the Council during the Public Participation portion of the meeting shall be limited to a maximum of three (3) minutes. The person shall be allowed to speak without interruption during the three minute period, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his or her comments. 6. The portion of the meeting devoted to hearing from the public on matters not listed on the agenda shall be limited to thirty (30) minutes unless this time is extended by the Mayor with the consent of the Council. The thirty (30) minute time limit shall not apply to the items placed on the agenda by members of the public nor shall it apply to time when Councilmembers or staff members are speaking. SECTION 4. ORDER OF BUSINESS A. The business of the City Council shall be considered in substantially the following order, except as may be otherwise ordered by the Mayor or Council: 1. Pledge to the Flag 2. Invocation 3. Ceremonial 8546.1 -4- 4. Public Participation 5. Consent Calendar 6. Community Redevelopment Agency A. Public Participation (which shall Agency agenda) 7. Industrial Development Authority A. Public Participation (which shall Authority agenda) 8. Ordinances/Special Resolutions 9. Scheduled Items, i.e., Public Hearings, 10. Special Call Items 11. Other Business/City Council 12. Adjournment SECTION 5. CONSENT CALENDAR DEFINED be first on be first on etc. A. Those items on the City Council Agenda which are considered routine by the City Administrator and the City Clerk shall appear as a separate section on the Agenda and shall include, but not be limited to, the following items: 1. Approval of Minutes 2. Approval of payment of warrants by the City 3. Approval of Final Tract Maps/Parcel Maps 4. Acceptance of Grant Deeds/Grants of Easement 5. Notices of Completion for projects 6. City Treasurer's Report 7. Call for Bids 8. Bid Awards 9. Approval of records destruction 10. Approval of leases and Agreements 11. Approval of Annexations 12. Receive and File or refer correspondence 13. Planning Commission Resolutions 14. Appointments/Resignations/Personnel Actions 15. Claims against the City 16. Resolutions of Intent or Calling of Hearings 17. Requests for proclamations or special recognition B. Those items listed under the section entitled "CONSENT CALENDAR" shall be enacted with one vote in accordance with the following procedures: 1. No member of the Council Staff or public shall read out loud at a Council Meeting the Consent Calendar items as listed on the agenda or read out loud at a Council meeting the staff reports for Consent Calendar items. 2. The Mayor will first ask the Council members, staff and the public if there is anyone who wishes to remove an item from the Consent Calendar in order to speak for or against the Recommended Council Action. The Mayor with consent of Council or the council on its own motion shall have authority to decide which items shall be removed from the Consent Calendar. No member of the Council, Staff or public shall remove an item from the Consent Calendar for the purpose of reading out loud the Consent Calendar item as listed on the Agenda or reading out loud the staff report for a Consent Calendar item. Notwithstanding any other provision of this Resolution, no person may speak on a Consent Calendar item unless it is removed from the Consent Calendar. 3. The matters removed from the Consent Calendar will be considered individually at the end of the Agenda under "SPECIAL CALL ITEMS". If the item is removed, the procedures of Section 3.B apply. 8546.1 -5- 00 00 4. The entire Consent Calendar with the exception of those specially called items, shall be voted upon by roll call under one motion. SECTION 6. PARLIAMENTARY PROCEDURE FOR CITY COUNCIL MEETINGS Business shall be conducted by the Council by motion in accordance with the following standards of conduct. A. Obtaining the Floor. Any member of the Council wishing to speak must first obtain the floor by being recognized by the Mayor. The Mayor must recognize any Councilmember who seeks the floor when appropriately entitled to do so. B. Motions. The Mayor or any member of the Council may call for action on any matter before the Council by making a motion. Before the motion can be considered or debated it must be seconded. Once the motion has been properly made and seconded, the Mayor shall open the matter for debate offering the first opportunity to debate to the moving party and, thereafter, to any Councilmember properly recognized by the Mayor. Once the motion has been fully debated and the Mayor calls for a vote, no further debate will be allowed, provided however, Councilmembers may be allowed to explain their vote. C. Voting. All Councilmembers present at a meeting when a motion question comes up for a vote shall vote for or against the motion or abstain. If the vote is a voice vote, the Mayor shall declare the result and note for the record all "yes" votes and all "no" votes. The Council may also vote by roll call vote, ballot or voting machine. Regardless of the manner of voting, the results reflecting all "yes" and "no" votes must be clearly set forth for the record. In order to be adopted a motion requires the "yes" vote of a majority of the quorum present, unless the vote of three councilmembers is required by statute, ordinance or resolution. An abstention shall not be counted as a "yes" or a "no" vote but the councilmember abstaining shall be counted for the purpose of determining the quorum. A tie vote means no action has been taken. D. Procedural Rules of Order. Once the main motion is properly placed on the floor, several related motions may be employed in addressing the main motion, and if properly made and seconded, must be disposed of before the main motion can be acted upon. The following motions are appropriate and may be made by the Mayor or any Councilmember at any appropriate time during the discussion of the main motion. They are listed in order of precedence. 1. Subsidiary Motions. The first three subsidiary motions are nondebatable; the last four are debatable. (a) Lav On the Table. Any Councilmember may move to lay the matter under discussion on the table. This motion temporarily suspends any further discussion of the pending motion without setting a time certain to resume debate. In order to bring the matter back before the Council, a motion must be adopted that the matter be taken from the table. A motion to take from the table must be made at the same meeting at which it was placed on the table or at the next regular meeting of the Council. Otherwise the motion that was tabled dies, although it can be raised later as a new motion. 8546.1 -6- 00 00 (b) Move Previous Question. Any Councilmember may move to immediately bring the question being debated by the Council to a vote, suspending any further debate. The motion must be made and seconded without interrupting one who already has the floor. A majority vote of the quorum present is required for passage. (c) Limit or Extend Limits of Debate. Any Councilmember may move to put limits on the length of debate. The motion must be made and seconded and requires a majority vote of the quorum present to pass. (d) Postpone to a Time Certain. Any councilmember may move to postpone debate and action on the motion to a date and time certain. (e) Commit or Refer. Any Councilmember may move that the matter being discussed should be referred to staff, a committee or a commission for further study. The motion may contain directions for the staff, committee or commission, as well as a date upon which the matter will be returned to the Council's agenda. If no date is set for returning the item to the Council agenda, any Councilmember may move, at any time, to require the item be returned to the agenda. (f) Amend. Any Councilmember may amend the main motion or any amendment made to the main motion. Before the main motion may be acted upon, all amendments and amendments to amendments must first be acted upon. An amendment must be related to the main motion or amendment to which it is directed. Any amendment which substitutes a new motion rather than amending the existing motion is out of order and may be so declared by the Mayor. (g) Postpone Indefinitely. Any Councilmember may move to postpone indefinitely the motion on the floor, thus avoiding a direct vote on the pending motion and suspending any further action on the matter. 2. Motions of Privilege, Order and Convenience. The following actions by the Council are to insure orderly conduct of meetings and for the convenience of the Mayor and Councilmembers. These motions take precedence over any pending main or subsidiary motion and may be debated except as noted. (a) Call for Orders of the Day. Any Councilmember may demand that the agenda be followed in the order stated therein. No second is required and the chair must comply unless the Council sets aside the agenda order of the day. This motion is not debatable. (b) Question of Privilege. Any Councilmember, at any time during the meeting, may make a request of the Mayor to accommodate the needs of the Council or his/her personal needs for 8546.1 -7- 00 00 such things as reducing noise, adjusting air conditioning, ventilation, lighting, etc. Validity of question is ruled on by the Mayor. (c) Recess. Any Councilmember may move for a recess. (d) Adjourn. Any Councilmember may move to adjourn at any time, even if there is business pending. The motion is not debatable. (e) Point of Order. Any Councilmember may require the Mayor to enforce the rules of the Council by raising a point of order. The point of order shall be ruled upon by the Mayor. (f) Appeal. Should any Councilmember be dissatisfied with a ruling from the Mayor, he/she may move to appeal the ruling to the full Council. (g) Suspend the Rules. Any Councilmember may move to suspend the rules if necessary to accomplish a matter that would otherwise violate the rules. (h) Division of Question. Any Councilmember may move to divide the subject matter of a motion which is made up of several parts in order to vote separately on each part. This motion may also be applied to complex ordinances or resolutions. (i) Reconsider. Except for votes regarding matters which are quasi-judicial in nature or matters which require a noticed public hearing, the Council may reconsider any vote taken at the same meeting, but no later than the same or next meeting, to correct inadvertent or precipitant errors, or consider new information not available at the time of the vote. The motion to reconsider must be made by a Councilmember who voted on the prevailing side, must be seconded and requires a majority vote of the quorum for passage, regardless of the vote required to adopt the motion being reconsidered. If the motion to reconsider is successful, the matter to be reconsidered takes no special preference over other pending matters and any special voting requirements related thereto still apply. Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again at the same meeting. (j) Rescind, Repeal or Annul. The Council may rescind, repeal or annul any prior action taken with reference to any legislative matter so long as the action to rescind, repeal or annul complies with all the rules applicable to the initial adoption, including any special voting or notice requirements or unless otherwise specified by law. 8546.1 -8- 00 00 SECTION 7. COUNCIL AUTHORITY The Council shall have the authority to waive provisions of the procedures established by this Resolution unless the procedure is required by law. Failure of the Council to follow the procedures established by this Resolution shall not invalidate or otherwise affect any action of the Council. SECTION 8. Resolution 8620 is hereby repealed. ADOPTED AND APPROVED this6thth day of April , 1992. MAYOR I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 6th day of April 1992 by the following vote of the Council: AYES: COUNCIL MEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, NOES: COUNCIL MEMBERS: MOSES NONE /r NONE CLERK 8546.1 -9-