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HomeMy WebLinkAboutResolution - 2194 RESOLUTION NO. 2194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, REPEALING RESOLUTION NO. 2091 AND APPROVING AMENDED RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES The purpose and intent of the City Council in amending and adopting these rules is to provide directory guidelines relating to the conduct of public business by or on behalf of the City Council, and in the event of any non-compliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law, and to comply with the new provisions of the Brown Act, effective April 1, 1994. All references to gender include the masculine, feminine and neuter. The City Council of the City of San Jacinto, does hereby resolve to adopt the following Rules of Procedure: 1. MEETINGS 1.1 REGULAR MEETINGS Commencing with the effective date of this resolution, 1, 1993 April 1, 1994, the City Council of the City of San Jacinto shall hold regular meetings at the Community Center, 625 South Pico, San Jacinto, California, on the first and third Tuesday of each month, beginning at 7:30 P.M. If the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the next succeeding business day thereafter that is not a holiday. 1.2 ADJOURNED MEETINGS Any meeting may be adjourned to a time, place and date certain, but not beyond the next regular meeting. Once adjourned the meeting may not be reconvened. 1.3 SPECIAL MEETINGS Special Meetings may be called by the Mayor or majority of Councilmembers on 24-hour notice, as set forth in Section 54956 of the Government Code of the State of California. Only matters contained in the notice may be considered and no ordinances (other than urgency ordinances) may be adopted. 1.4 STUDY SESSIONS Members of the City Council may meet in a regular Study Session at the Community Center, 625 South Pico, San Jacinto, on the fourth Tuesday of each month, at 7:30 P.M. (See Section 10.1). 1 1.5 NOTICE OF MEETINGS Notice of regular meetings or regular study sessions is not required. Mailed or personally delivered notice is required of special meetings, unless otherwise waived. Posted notice is required of meetings adjourned by the City Clerk. Posted notice is required of all other adjourned meetings and continued public hearings (Section 54955 of the Government Code). 1.6 QUORUM Unless otherwise provided for by Resolution, a majority of the Council shall be sufficient to do business and motions may be passed 2-1 if only three Councilmembers attend. The following matters, however, require three affirmative votes: a) adoption of ordinance, b) resolutions granting franchises, and e) order for payment of money. 1.6.1 LEGALLY REQUIRED PARTICIPATION If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection, or by such impartial and equitable means as the Council shall determine, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum. 1.7 MEETINGS TO BE PUBLIC Study Sessions and all regular, adjourned or special meetings of the City Council shall be open to the public, provided, however, the Council may hold executive sessions from which the public may be excluded for the consideration of the following sub j ects: 1.7.1 LICENSE(PERMIT DETERMINATIONS To consider granting a license or permit pursuant to Government Code Section 54956.7. Action of the legislative body shall be given in open session during the meeting at which the closed session occurred or the next public meeting. All matters relating to the closes session shall be confidential except by consent of the applicant or in an action by the applicant to appeal the denial. 1.7. 2 REAL PROPERTY TRANSACTIONS To consider negotiations prior to the purchase, sale, exchange or lease of real property and meet with negotiator. Must identify prior to such sessions the real property in question and with whom negotiator may be negotiating, pursuant to Government Code Section 54954.5 and 54956.8. 2 1.7. 3 ATTORNEY-CLIENT MATTERS To consider possible or pending litigation in which the City is or could be a party pursuant to Government Code Section 54956.9 and 54954.5. If action has been initiated the title of litigation must be publicly stated or posted on the agenda, including the case number, unless stated it would jeopardize the city's ability to effectuate service or process, or its ability to conclude settlement negotiations to its advantage. 1.7.4 PUBLIC SERVICES/EMPLOYMENT/LABOR NEGOTIATIONS Pursuant to Government Code Section 54954.5 and 54957 to consider matters posing a threat to public services or facilities, or the appointment, employment, evaluation of performance or dismissal of a public employee or to hear complaints or charges brought against such person or employee by another person or employee unless such employee requests a public session. The Council may exclude from any scheduled session during the examination of a witness any or all other witnesses in the matter being investigated, and to instruct representatives concerning discussions with employee organizations and unrepresented employees regarding salaries and fringe benefits. 1.7.5 MULTI-JURISDICTIONAL DRUG LAW ENFORCEMENT AGENCY Council may hold closed sessions pursuant to Government Code Section 54957.8 if applicable and necessary. 1.8 EXECUTIVE SESSION MINUTES Pursuant to Section 54957.2 of the California Government Code, the City Clerk may be required to attend an executive session of the City Council and keep and enter in a minute book a record of topics discussed and decisions made at each meeting. The confidentiality of such minutes shall be maintained pursuant to said section of the Government Code Section 54957.2. 2. ORDER OF BUSINESS 2.1 AGENDA The order of business of each meeting shall be as contained in the agenda prepared by the City Clerk. The agenda shall be a listing by topics of the subjects which shall be taken up for consideration in the following order: Cali to Order Moment of Silence for Reflection Pledge of Allegiance Special Presentations Public Comments Redevelopment Agency/Industrial Development Authority/Financing Authority Consent Calendar Continued Items 3 Public Hearings City Departments Mayor and Councilmember Repo rts(Discussions Closed Sessions Adjournment Except with majority consent of the Council, items may not be taken out of order. Items to be considered for City Council action shall be submitted to the City Manager no later than two weeks prior to the meeting for consideration. Staff reports for Council action shall be submitted to the City Manager no later than Wednesday preceding the Tuesday meeting. All reports shall be submitted on the proper form with complete information as to the subject matter, recommendation, fiscal impact, and contain the necessary attachments, exhibits and approving signatures. 2.2 DELIVERY OF AGENDA Barring insurmountable difficulties, the agenda shall ordinarily be delivered to Councilmembers each Thursday preceding the Tuesday meeting to which it pertains. The agenda shall also be available to the general public at the time it is delivered to the City Council. 2.3 CALL TO ORDER Before proceeding with the business of the Council, the City Clerk shall record the names of those Councilmembers present and they shall be entered in the minutes. 2.4 PUBLIC COMMENTS Any person may address the Council on any subject pertaining to city business not listed on the agenda during the Public Comments portion of the meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Council during the Public Comments designation on the agenda (See 5.2). Public Comments on items listed on the agenda will be allowed as those items come up for consideration by the Council. 2.5 CONSENT CALENDAR Items of routine nature, and non-controversial, shall be place on the consent calendar. All items may be approved by one blanket motion upon unanimous consent. Any Councilmember may request that any items be withdrawn from the consent calendar for separate consideration. However, any Councilmember may abstain from voting on any consent calendar item without requesting its removal from the consent calendar, and the City Clerk shall record such abstentions in the minutes. 2.5.1 APPROVAL OF MINUTES Unless requested by a majority of the City Council, minutes of the previous meeting may be approved without public reading if the City Clerk has previously furnished each Councilmember with a copy thereof. 4 Minutes shall be prepared in accordance with the agenda format and as consistent as needed for the purpose of indexing legislative history. Minutes shall contain the necessary information for auditing and providing a clean paper trail and in no event anything less than the subject matter for consideration, the fiscal impact, identify contracting firms and individuals, and the action taken. With the exception of identifying individuals addressing the Council, and their general remarks, the comments of Council shall be noted only when revising or amending a matter. The minutes shall reflect only the motion and vote of the Council unless a Councilmember notes he wishes the record to reflect the purpose of his dissenting on a matter. Abstentions by Councilmembers shall be so stated along with their basis for such abstentions. 2.6 PUBLIC HEARINGS Generally, Public Hearings, other than those of a quasi-judicial nature, shall be conducted in the following order: Staff Review Questions of Staff by Council Hearing Opened by Mayor Proponents Testimony Opponents Testimony Proponents Rebuttal Hearing Closed by Mayor to Public Testimony Questions by Council Discussion by Council Action by Council Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue. The Mayor may, at the beginning of the hearing, limit testimony to three (3) minutes per individual. Any person may speak for a longer period of time, upon approval of the City Council, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has graphic or slide presentation requiring more time. Quasi-judicial hearing shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard. In any hearings before the City Council, notice of which is to be published or posted, if the City Council, or any member thereof, or a proponent or opponent of the matter requests that any or all participants in the proceedings testify under oath or affirmation, the making of such request shall be set forth in the notice of hearing. Additionally, the notice of hearing shall state that the giving of testimony under oath or affirmation shall be voluntary as to each person wishing to be heard in the matter, and that any person who has a question or concern regarding the giving of testimony under oath or affirmation should consult an attorney of his or her own choosing and at his or her own expense. Each person testifying under oath or affirmation in any such proceedings shall, before testifying, state on the record that he or she agrees to testify under oath or affirmation in the matter and has had an opportunity to consult with an attorney of his or her own choosing in respect thereto. Notices of hearings shall be in accordance with Government Code Section 54954.6 as well as any other applicable codes. 5 3. PRESIDING OFFICER 3.1 PRESIDING OFFICER (a) The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and Mayor Pro Tem, the Council shall elect a temporary presiding officer to serve until the arrival of the Mayor or the Mayor Pro Tem or until adjournment, whichever first occurs. (b) The Council shall meet annually to choose one of its number as Mayor and another of its number Mayor Pro Tem. In the years in which a general municipal election is scheduled, such meeting shaII be held on the Tuesday after the election canvass. In the years in which no general municipal election is scheduled, such meeting shall be held on the first Tuesday of the month which falls twelve (12) months after the most recent general municipal election. (c) Selection of the Mayor and Mayor Pro Tem shall occur at a regularly scheduled evening meeting of the Council. The City Clerk shall preside at the portion of the Council meeting which is concerned with the nomination for the selection of the Mayor. (d) Nominations for the office of Mayor or Mayor Pro Tem may be made by any member of the Council and need not be seconded in order to be effective. Each selection shall be by three or more affirmative votes. In the event that no person receives three or more votes in the selection process for one or both offices, the selection process shall be repeated immediately provided, however, that the two persons receiving the highest number of votes in the preceding selection process shall be the only nominees for the office to be filled. If, upon repeating the selection process for Mayor or Mayor Pro Tem, no person has yet received three affirmative votes for such office, the Council may either repeat the selection process until the officer has been duly selected or may continue the selection to the next regular meeting of the Council. (e) Voting in the selection of Mayor and Mayor Pro Tem shall be by written ballot unless the Council, by three or more affirmative votes, determines to conduct the selection process by voice vote. If by written ballot, the vote of each member of the Council shall remain undisclosed until all votes have been cast and have been logged with the City Clerk, at which time the Clerk shall read aloud into the minutes of the Council the identity of the voting Councilmember and the name of the person for whom such member is voting. The written ballot shall be public documents and shall be retained during the selection process which is not governed by this Section 3.1. (f) Except as provided in Subsection (g) and (h) of this Section 3.1, the Mayor and Mayor Pro Tem selected pursuant hereto shall serve until the next meeting scheduled for selection of Mayor and Mayor Pro Tem pursuant to Subsection (b) of this Section 3.1, and thereafter until their successors have been duly selected. (g) The offices of Mayor and Mayor Pro Tem shall be deemed vacant upon the happening of any of the following: 6 ('1) The death of the holder of such office; (2) The loss or resignation from membership on the Council by the holder of such office; (3) The acceptance by the Council of the resignation from such office by the holder thereof. (h) At its first regular meeting after the occurrence of a vacancy created by one of the foregoing events, the Council shall select a successor to such office pursuant to the selection procedures established by this Section 3.1. 3.3 PARTICIPATION OF PRESIDING OFFICER The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Councilmembers, and he shall not be deprived of any of the rights and privileges of a Councilmember by reason of his acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he desires to personally engage in extended debate on questions before the Council, he should consider turning the Chair over to another member. 3.4 QUESTION OR MOTION TO BE STATED The Presiding Officer shall verbally restate or request the City Clerk to restate each question or motion immediately prior to calling for the vote. Following the vote the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. 3.5 SIGNING OF DOCUMENTS The Mayor, or Mayor Pro Tem, in the absence of the Mayor, shall sign ordinances, resolutions and documents necessary to the conduct of City business adopted by the City Council. The City Clerk or Deputy City Clerk shall attest to the signature of the Mayor or Mayor Pro Tem. 3.6 MAINTENANCE OF ORDER The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair. 4. RULES, DECORUM, AND ORDER 4.1 POINTS OF ORDER The Presiding Officer shall determine all Points of Order subject to the right of any Couneilmember to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. 7 4.2 DECORUM AND ORDER - COUNCILMEMBERS (a) Any Councilmember desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself to the question under debate. (b) A Councilmember desiring to question the staff shall address his question to the City Manager or City Attorney, in appropriate cases, who shall be entitled either to answer the inquiry himself or to designate some member of his staff for that purpose. (c) A Councilmember, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another Councilmember; or unless the speaker chooses to yield to questions from another Councilmember. (d) Any Councilmember called to order while he is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he shall be permitted to proceed_ If ruled to be not in order, he shall remain silent or shall alter his remarks so as to comply with the rules of the Council. (e) Councilmember- shall accord the utmost courtesy to each other, to city employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. (f) Any Councilmember may move to require the Presiding Officer to enforce rules and the affirmative vote of a majority of the Council shall require him to so act. 4.3 DECORUM AND ORDER - EMPLOYEES Members of the administrative staff and employees of the city shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall insure that all City employees observe such decorum. Any staff members, including the City Manager, desiring to address the Council or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Councilmember or member of the public. 4.4 DECORUM AND ORDER - PUBLIC Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council meeting may be ordered to leave the room by the Presiding Officer and such person may be barred from further audience before the Council. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may order such offenders to leave the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. 8 4.5 ENFORCEMENT OF DECORUM As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. 4.6 PERSONAL PRIVILEGE The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impugned. 4.7 CONFLICT OF INTEREST All Councilmembers are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflict of interest codes adopted by the City. Any Councilmember prevented from voting because of a conflict of interest shall refrain from debate and voting. Such Councilmember may choose to leave the Council Chambers during debate and voting on the issue. 4.8 LIMITATION OF DEBATE Councilmembers normally should speak not more than once upon any one subject until every other Councilmember choosing to speak thereon has spoken. Members shall limit their statements to five (5) minutes each time they have the floor, unless the Council, by majority vote approves an extended period. 4.9 DISSENTS, PROTESTS, AND COMMENTS Any member shall have the right to express dissent from, or protest to, or comment upon, any action of the Council and have the reason entered in the minutes. If such dissent, protest or comment is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons..." 9 4.10 RULINGS OF CHAIR FINAL UNLESS OVERRULED In presiding over Council meetings, the Mayor, Mayor Pro Tem, or temporary Presiding Officer shalt refer to "Roberts Rules of Order" to decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by majority vote of the Councilmembers present and voting, and shall be binding and legally effective for purposes of the matter under consideration. ADDRESSING THE COUNCIL 5.1 MANNER OF ADDRESSING THE COUNCIL (a) Any member of the public desiring to address the Council shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he shall state his name and address for the record. (b) All remarks and questions shall be addressed to the Chair and not to any individual Councitmember, staff member or other person. During a public hearing, all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. (c) Any member of the Council who has been recognized by the Presiding Officer of the Council for such purpose may address or respond to a member of the public who has addressed the Council pursuant thereto. Such address or response shall be exercised only once for each member of the public, shall not exceed three minutes in length, and shall be deemed to express the individual position or opinion of the Councilmember offering the same and shall not be construed to bind the Council or the City in any manner. Unless otherwise directed by the Council, the restrictions imposed by this Subsection (a) shall apply only to those portions of the Council agenda during which members of the public are permitted to make public comments to the Council. 5.2 TIME LIMITATION Any member of the public desiring to address the Council shall limit his statement to three (3) minutes unless further time has been granted by the Presiding Officer in the individual case, or in accordance with Section 2.6. 5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission by a majority vote of the Council. 5.4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS The making of public comments to the Council by any member of the public during the 'Public Comments" portion of the agenda shall be subject to the following limitations: 10 5.4.1 At any time, before or after the public comments is commenced, the Presiding Officer may request to direct the communication to the City Manager or other appropriate staff member during regular business hours, or in writing for subsequent submittal to Councilmembers, pursuant to Section 5.5. 5A4 2 The Presiding Officer may limit the number of speakers heard on non- agenda topics at a single meeting. Those whose presentations are postponed shall be given priority at the next meeting during the "Public Comments" agenda item. 5.4.3 If it appears that several speakers desire to speak regarding a single topic, the Presiding Officer may reasonably limit the number speaking as to each side of all issue. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson. 5.4.4 No public comments shall be allowed to include charges or complaints against any employee of the City, regardless of whether such employee is identified in the presentation by name or by any other reference which tends to identify him. All charges or complaints against employees shall be submitted to the City Manager for appropriate action, and may also be submitted to members of the Council by written communication, in accordance with Government Code Section 54957 to protect the rights of employees. 5.4.5 No section or subsection of this resolution shall be construed as to prohibit the right of the public to the criticism of the policies, procedures, programs, or services of the city or the acts or omissions of the City Council. 5.5 WRITTEN CORRESPONDENCE The City Manager is authorized to receive and open all mail addressed to the Council as a whole and give it immediate attention to the end that all administrative business referred to in said communications, and not necessarily requiring Council action, may be disposed of between Council meetings. A copy of such communication shall be provided to each Councilmember marked "Information Only". Any communication relating to a matter pending, or to be brought before the City Council shall be included in the agenda packet for the meeting at which such item is to be considered. Letters of appeal from administrative or commission decisions shall be processed under applicable provisions of City ordinances. Copies of all other communications sent to the Council will be transmitted to them. 5.6 PERSONS AUTHORIZED TO BE WITHIN THE DIOCESE No person except the City officials shall be permitted within the diocese area in front of the Council table without the invitation or consent of the Presiding Officer. 11 6. MOTIONS 6.1 PROCESSING OF MOTIONS When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 6.2 MOTIONS OUT OF ORDER The Presiding Officer may at any time, by majority consent of the Council, permit a member to introduce an ordinance, resolution, or motion out of the regular agenda order. 6.3 DIVISION OF QUESTION If the question contains two or more divisionable propositions, the Presiding Officer may, and upon request of a member shall, divide same. 6.4 PRECEDENCE OF MOTIONS When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: a) Adjourn b) Fix Hours of Adjournment c) Table d) Limit or Terminate Discussion e) Amend f) Postpone 6.5 MOTION TO ADJOURN (NOT DEBATABLE) A motion to adjourn shall be in order at any time, except as follows: a) When repeated without intervening business or discussion. b) When made as an interruption of a member while speaking. c) When discussion has been ended, and vote on a motion is pending, and d) While a vote is being taken. A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned. 6.6 MOTION TO FIX HOUR OF ADJOURNMENT Such a motion shall be to set a definite time at which to adjourn and shall be undebatable and shall be unamendable except by unanimous vote. 12 6.7 MOTION TO TABLE A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion prevails, a vote shall be taken on the main motion. 6.9 MOTION TO AMEND A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. 6.10 MOTION TO CONTINUE Motions to continue to a definite time shall be amendable and debateable as to propriety of postponement and time set. 7. VOTING PROCEDURES 7.1 VOTING PROCEDURE In acting upon every motion, the vote shall be taken by mechanical means and the vote on each motion shall be entered in full upon the record. Members shah respond "aye", "nay" or "abstain", and any Councilmember not responding "no" or "abstain" or otherwise registering an objection shall have his vote recorded as "aye". In the event of a malfunction of the mechanical voting apparatus, the order of voting shall be alphabetical with the Mayor voting last. The City Clerk shall call the names of all members seated when a roll call vote is ordered or required. 7.2 ROLL CALL VOTING Every ordinance (other than urgency ordinances) and any resolutions or orders for franchise or payment of money require three (3) affirmative votes. Urgency ordinance require four (4) affirmative votes. Any question before the Council shall not require a roll call vote unless demanded by any member. It shall not be in order for members to explain their vote during the vote. Any member may change his vote before the next order of business. 13 7.3 FAILURE TO VOTE Every Councilmember should vote unless disqualified for cause. 7.4 RECONSIDERATION Any Councilmember who voted with the majority may move a reconsideration of any action at the same meeting. After a motion for reconsideration has once been acted upon at the same meeting, no other motion for a reconsideration thereof shall be made without unanimous consent of the Council at the same or subsequent meetings. 7.5 TIE VOTES Tie votes shall be lost motions. When all Councilmembers are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal unless the Council takes other action to further consider the matter. If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. 8. RESOLUTIONS 8.1 DEFINITIONS As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more temporary and transitory in nature) are accomplished by resolutions. The term "resolution" in its general sense will note any action taken affirmatively via a vote of the Council, other than one taken by ordinance. As used in this City, however, two terms are in general used to denote such (non-ordinance) actions: "resolution", and "motion" (thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding; they vary in the formality of respective memorialization. The most formal is referred to locally as a "resolution". This, in addition to being referenced in the minutes, will be recorded by a separate document, numbered in sequence and preserved in a separate set of books. Such "resolutions" are used in this City for various reasons, such as when specifically required by law, when needed as a separate indentiary document to be transmitted to another governmental . agency, or where the frequency of future reference back to its content warrants a separate document (with the additional "whereas" explanatory material it often recites) to facilitate such future reference and research. A "motion" (assuming it was one which passed) is a Council action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. 14 8.2 RESOLUTIONS PREPARED IN ADVANCE Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Section 7.1, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may require that the resolution be read in full. 8.3 RESOLUTIONS NOT PREPARED IN ADVANCE Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or the City Attorney to prepare a resolution for presentation at the next Council meeting. 8.4 URGENCY RESOLUTIONS In matters of urgency, a resolution may be presented verbally, in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in 8.2 above shall be followed. Urgency resolutions shall be avoided except when absolutely necessary; and shall be avoided entirely when resolutions are required by law, improvement acts, zoning matters, or force account work on public projects. Where the resolution has been drafted in written form, either before or during the meeting, this paragraph shall not be deemed applicable. 9. ORDINANCES 9.1 INTRODUCTION AND ADOPTION OF ORDINANCES Ordinances shall not be passed within five days of their introduction, or at other than a regular meeting or at any adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by unanimous vote of the Councilmembers present, all ordinances shall be read in full, either at the time of introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be reintroduced only at a regular or at an adjourned meeting held at least five days after alteration. Correction of typographical or clerical errors are not alterations within the meaning of this section. 9.2 EFFECTIVE DATE All ordinances, except as provided in Section 36937 of the Government Code, shall take effect 30 days after adoption, but may be made operative at such later date as may be designated in the ordinance. 15 9.3 PUBLISHING It shall be the duty of the City Clerk to publish a summary of all ordinances in accordance with Section 36933 of the Government Code within 15 days after adoption. 9.4 URGENCY ORDINANCES All urgency ordinances must receive four (4) affirmative votes to be adopted and to become effective immediately. If such an ordinance fails to receive 4/5ths majority, it may thereafter be considered and passed in the same manner as regular ordinances. 10. STUDY SESSIONS 10.1 STUDY SESSIONS Councilmembers able to attend scheduled study sessions will meet at the Community Center, 625 South Pico, San Jacinto, on the fourth Tuesday of each month (and such other times as deemed necessary) at 7:30 P.M. for the purpose of reviewing the agenda for a City Council meeting, discussion of special subjects of immediate concern; and meeting and conferring with City Commissions, Committees, Boards; Civic Organizations; and City Officials relative to pending City business. The time for sessions as specified may be altered by the City Council or by the Mayor, on individual occasions when appropriate, to the convenience of the Councilmembers, provided that when this occurs, written notice of the change shall be provided in accordance with the standard noticing requirements. 10.2 OPEN TO THE PUBLIC Study sessions shall at all times be open to the public and the news media, except executive sessions held at such times pursuant to Government Code. 10.3 PURPOSE Study sessions are not intended to constitute a meeting of the City Council and they may be carried on regardless of the number of Councilmembers in attendance. At such study sessions, no formal action shall be taken, no motion shall be offered, nor debates entered into; the sole purpose of said meetings being to provide background information to members of the City Council and to allow Councilmembers to ask questions. This shall not, however, be deemed to apply with respect to executive sessions. 10.4 AGENDA The agenda for each study session shall be prepared and posted in accordance with the same rules applicable to regular City Council meetings. 16 Any Councilmembers may request that a matter be placed on the agenda for a study session. Except in urgent situations, Councilmembers should submit, on the appropriate form, such request seven (7) working days before a study session, along with any available supporting information. 11. CITY COUNCIL SUBCOMMITTEES 11.1 The City Council or Mayor may designate as necessary subcommittees. No more than two members of the City Council shall be appointed to a single subcommittee and any vacancy shall be filled in the same manner as the original appointment. Any staff support necessary shall be provided by the City Manager representation and/or other staff at the direction of the City Manager. 11.1.1 REPRESENTATIVE: The Mayor shall select representatives, with confirmation by the full Council, to other agency committees, who shall serve for a term of one year. The Mayor shall review these appointments annually, upon any vacancy, or as deemed necessary, for the continuing necessity. Such subcommittees will receive staff support from other agencies, including any needs to comply with the Brown Act. The representative appointments are for; Childcare, EMWD Service Area Study Committee, Gang Task Force, Groundwater Association, Riverside Transit Agency (RTA), Valley Teen Task Force, Western Riverside Council of Government (WRCOG), Community Base Council (Military Liaison). 11.1.2 STANDING: The City Council shall determine the need for and appoint Standing Subcommittees as deemed necessary. Such Subcommittees will require staff support and meet the requirements of the Brown Act and will be reviewed annually, upon any vacancy, or ad deemed necessary for continuing necessity. 11.1.3 AD HOC: The Mayor shall appoint ad hoc subcommittees as deemed necessary and as such would not be required to meet requirements of the Brown Act. 11.2 COUNCIL SUBCOMMITTEE POLICIES 11.2.1 PURPOSE The purpose of Council Subcommittees are to act as sounding boards and fact finding for the City Council on various matters concerning pertinent issues which are brought to the attention of Councilmembers or City staff. 11.2.2 POLICY It shall be the policy of each subcommittee to review the issues which are brought before the subcommittee and provide feedback to staff for consideration by the full Council. 17 11.2.3 POWERS The subcommittees shall act as a fact finding body only, and have no authority to act independently in the decision making process, but shall instead report back to the full Council. 11.2.4 PROCEDURES The subcommittees shall meet as necessary, at the call of a subcommittee member, the Council or no less than quarterly depending upon the type of subcommittee. Representative staff shall prepare an informal agenda listing the topics to be covered at each meeting. The City Manager shall designate the staff representation, who shall be present at each meeting to present information and provide follow up actions. 12. COUNCIL APPOINTED CITIZEN BOARDS XOMMISSIONSICOMMITTEES The purpose of this procedure is to outline those actions that will be taken in appointing members of the City of San Jacinto Boards, Commissions and Committees. 12.1 THE MADDY ACT The Maddy Act takes into consideration the vast and largely untapped reservoir of talent among the citizenry that is not aware of the opportunities for participation on advisory boards and commissions. For that reason, the Maddy Act was enacted for maximum public awareness of both regulatory and advisory boards and commissions open for appointments by the City Council (Government Code Section 54970). 12.2 APPOINTMENTS LIST On or before December 31 of each year the City Clerk shall cause to be posted a list of appointments of all ongoing boards, commissions and committees which are appointed by the City Council. This list must include where and when they meet, the present membership and terms of office for each member and the necessary qualifications for the position (Government Code Section 54972). 12.3 AVAILABILITY TO PUBLIC One month prior to the scheduled expiration of a board or commission term of office, the City Clerk shall give notice of such expiration and qualifications for the position in a posted notice and a press release to the newspapers of general circulation within the City. Appointment to that vacancy shall not be made prior to 10 working days after the release of such notice (Government Code Section 54974). 12.4 NOTIFICATION OF INCUMBENT The incumbent whose term is expiring will be given notice of the expiration of the term of office and requested to submit a letter requesting reappointment to an additional term if that is their desire. 18 12.5 UNSCHEDULED VACANCIES Whenever an unscheduled vacancy occurs due to resignation, death, termination or other reason, the same noticing will be accomplished as for a scheduled vacancy, within 20 days of the occurrence of the vacancy. Appointment to that vacancy shall not be made prior to 10 working days after the release of such notice (Government Code Section 54974). 12.6 SUBMISSION OF CANDIDATES TO THE COUNCIL A list of candidates requesting appointment to a term of office will be submitted to the City Council for their consideration at Ws next regular meeting. 12.7 INTERVIEWS Any City Councilmember may request a time set for interviewing candidates for appointment, at which time all Councilmembers may participate in the interview process. If more than two Councilmembers participate in the interview session, it will be an open meeting with notice given and the public invited. 12.8 FOLLOW-UP AFTER APPOINTMENTS After the City Council has appointed a candidate to fill a position, the City Clerk shall notify the new appointee, including such information as their term of office, when and where they meet and the staff member to contact if they have questions. In addition, the appropriate staff contact shall be notified of the appointees name, address and phone number for follow up. The City Clerk shall also notify unsuccessful candidates, thanking them for their interest in serving the City of San Jacinto. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY RESOLVE to adopt the foregoing amended rules and procedures for the City of San Jacinto to be effective immediately. APPROVED AND ADOPTED THIS 5th day of April, 1994, by the following vote: AYES: Hafliger, Williams, Leahy, Solorio NOES: None ABSENT: Vacant Seat ABSTAIN: ATTEST: Dave Anderson, City Clerk City Clerk Henry Hafliger, Mayor 19