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HomeMy WebLinkAboutResolution No. 94-R60RESOLUTION N0. 94—R60 A JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ESTABLISHING UPDATED RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL AND AGENCY MEETINGS AND RESCINDING ALL PREVIOUS RESOLUTIONS CONCERNING RULES OF ORDER. WHEREAS, It has become evident that the heretofore established rules of order for the conduct of City and Agency and Authority meetings have a great need to be updated in order to be consistent, and WHEREAS, This requires that Resolutions numbers 94-C80, 93 -Cl 01, 92 -C40,92 -C29,94 - R24, 2 -C40,92 -C29,94 - R24, 93-R44 and 92-R19, be rescinded, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. MEETING TIMES The regular meetings of the City Council and Redevelopment Agency of the City of Azusa shall be on the first and third Mondays of each month 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 Auditorium of the City of Azusa unless otherwise ordered by the City Council. The City Council may adjourn a regular meeting to stated future date and time, or it may call a special meeting, provided that proper notice to the public has been made as provided by law. SECTION 2. AGENDA A. A written agenda shall be prepared for each regular and adjourned regular meeting of the City Council and Redevelopment Agency. B. The agenda shall be posted not less than 72 hours in advance of the regular or adjourned regular meeting to which it relates. C. 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. D. The agenda must contain a brief general description of each item of business to be transacted or discussed at the meeting and a statement of staffs recommended action. E. 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. F. In addition to other notice requirements, the call and notice of a special meeting shall be posted at the locations specified in subparagraph C. Where feasible, an agenda shall be prepared for the special meeting in accordance with the procedures described in the paragraph. G. Agenda policy as established by the City Council allows any council member of the City Council to add items to the agenda. 0 0 RESOLUTION NO. 94-x60 PAGE 2 OF 7 H. In accordance with Government Code Section 54956.5, the Council shall not take any action on any item which does not appear on the posted agenda except as follows: 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 that 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 made, a statement of facts upon which the determination is based shall be included in the minutes supporting the action taken. 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. I. 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. SECTION 3. PUBLIC PARTICIPATION A. AGENDA PLACEMENT AND TIME LIMITS Public participation shall be immediately after the ceremonial portion of the City Council meeting and before adoption of the consent calendar portion of the agenda. Public participation shall be limited to one (1) hour. Each person addressing the City Council during the Public Participation portion of the agenda shall be limited to five (5) minutes in which to speak. All possible efforts shall be made to facilitate and accommodate public input. B. ITEMS PLACED IN PUBLIC PARTICIPATION SECTION OF AGENDA A person desiring to place items within the scope of Government CodeSection 54954.3, in the Public Participation Section of the agenda shall submit a request, in writing, to the City Clerk by 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 noon on the preceding Wednesday) stating the nature of the agenda item in as much detail RESOLUTION NO. 94-R60 PAGE 3 OF 7 C. PUBLIC PARTICIPATION AGENDA ITEMS 1. After the Mayor calls the item for consideration and, if needed, the staff report is presented, the Mayor shall call on the person(s) who placed the item on the agenda. 2. There shall be no public input once the Council starts deliberation on the agenda item unless the Council requests additional information. 3. Each person is limited to address the City Council once per meeting and only in the public participation portion of the agenda, except for Public Hearings, or for a scheduled item that directly pertains to a specific individual or group. D. NON -AGENDA ITEMS FOR PUBLIC PARTICIPATION 1. A person desiring to discuss an item not on the Public Participation of 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. A person may address the City Council only on items within 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. 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 as directed by a majority of the Council: 1. Pledge to the Flag 2. Invocation 3. Ceremonial 4. Public Participation 5. Consent Calendar 6. Special Call Items 7. Community Redevelopment Agency 8. Industrial Development Authority 9. Public Financing Authority 10. Ordinances/Special Resolutions 11. Scheduled Items, i.e., Public Hearings, etc. 12. Other Business/City Council 13. Adjournment SECTION 5. CONSENT CALENDAR DEFINED A. Those items proposed for the City Council Agenda which are deemed to be routine by the City Administrator and the City Clerk shall be aggregated to comprise a separate section on the Agenda and shall include, but not be limited to, the following items: • RESOLUTION NO. 94-R60 PAGE 4 OF 7 1. Approval of minutes 2. City Treasurer's Report 3. Budget Amendment Resolutions 4. Check Register Resolutions 5. Notices of Completion 6. Planning Commission Resolutions 7. Approvals of final Tract Maps/Parcel Maps 8. Approvals of Annexations 9. Acceptance of Grant Deeds/Grants of Easement 10. Approvals of Leases and Agreements 11. Bid Awards 12. Calls for Bids 13. Resolutions of Intent of Calling for Hearings 14. Consideration of Claims filed against the City 15. Appointments/Resignations/OtherPersonnel Actions 16. Resolutions concerning Records scheduled for Destruction 17. Requests for Proclamations or special recognition 18. Receive and file or refer correspondence 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 aloud at a Council Meeting the Consent Calendar items as listed on the agenda or read aloud at a Council meeting the staff reports or recommendations for Consent Calendar items. 2. The Mayor will first ask the Council members and staff if there is a request 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 if any items shall be removed from the Consent Calendar. 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 section under SPECIAL CALL ITEMS. If the item is removed, the procedures of Section 3.0 apply. 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 who wishes to speak must first obtain the floor by being recognized by the Mayor. The Mayor must recognize any Councilmember who appropriately seeks the floor when 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 respective votes. 0 0 RESOLUTION N0. 94—R60 PAGE 5 OF 7 C. Voting, Every Councilmember 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 or more 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 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 Motion. The First three subsidiary motions are non -debatable; the last four are debatable. (a) Lay 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 certain time 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 a 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. (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 the one who already has the floor. A majority vote of the quorum present is required for passage. (c) Limited 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) Posttune to a Certain Time, Any Councilmember may move to postpone debate and action on the motion to a date and certain time. (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. RESOLUTION NO. 94—R60 PAGE 6 OF 7 (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. Motions of Privileae. Order and Convenience The following actions by the Council are to ensure 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 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 rasing 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 to 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. 0 0 RESOLUTION NO. 94-R60 PAGE 7 OF 7 (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. SECTION T ESTABLISHING A NORMATIVE STRUCTURE FOR COUNCIL MEETINGS A. Recognizing that it is of critical importance that the public's business be conducted in an efficient and timely manner, and that a Councilmember's ability to effectively deal with agenda issues diminishes as meetings proceed to an advanced night hour, the following parameters are hereby established. 1. Regular City Council meetings shall end no later than 10:30 p.m. 2. When required, closed sessions shall begin no later than 10:10 p.m. and shall conclude no later than 10:25 p.m. 3. Each meeting shall adjourn no later than 10:30 p.m.; any unfinished business shall be held over to the next regular or adjourned meeting. 4. The above notwith- standing, a meeting may be extended past 10:30 p.m. upon vote of the City Council and only if absolutely required because of timing and/or emergency requirements of the business at hand. SECTION 8, COUNCIL AUTHORITY The Council shall have the authority to waive provisions of this Resolution unless the procedure is required by law. Failure of the Council to follow the procedure established by this Resolution shall not invalidate or otherwise affect any action of the Council. RESOLUTION PASSED AND ADOPTED this 7th day of November , 1994. 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 7th day of Nov. , 1994, by the following vote of the Council: AYES: COUNCILMEMBERS/DIRECTORS: HARDISON, MADRID, NARANJO, BEEBE NOES: COUNCILMEMBERS/DIRECTORS: ALEXANDER ABSENT: COUNCILMEMBERS/DIRECTORS: NONE