HomeMy WebLinkAboutResolution - 99-56 RESOLUTION NO. 99-56
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JACINTO, CALIFORNIA, PROVIDING RULES OF
PROCEDURE FOR COUNCIL MEETINGS AND RELATED
FUNCTIONS AND ACTIVITIES AND RESCINDING
RESOLUTION NUMBER 99-54
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. 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 Brown Act. All
references to gender include the masculine, feminine and neuter.
The Citv Council of the City of San Jacinto, does hereby resolve and adopt the following
Rules of Procedure:
1. MEETINGS
1.1 REGULAR MEETINGS
Commencing with the effective date of this resolution, December 16, 1999
the City Council of the City of San Jacinto shall hold regular meetings in the San Jacinto
Unified School Board Room. at 2045 South San Jacinto Avenue, San Jacinto, California,
on the first and third Thursday of each month, beginning at 7:00 p.m. If the day for the
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
Councilmcmbers 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.
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1.4 STUDY SESSIONS
fe Members of the City Council may meet in a regular Study Session in the
San Jacinto Unified School Board Room at 2045 South San Jacinto, San Jacinto, on the
fourth Thursday of each month, at 6:00 P.M., and such other times as deemed necessary.
(See Section 10.1).
1.5 NOTICE OF MEETINGS
Notice of regular meetings or regular study sessions is not required.
Mailed or personally detivcrcd 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 adiourned 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 c) 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
established by law; that number of its disqualified members which, when added to the
members eligible to vote, shall constitute a quorum.
L7 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 closed sessions from which
the public may be excluded for the consideration of the following subjects:
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 he given in open session
during the meeting at which the closed session occurred or the next public meeting. All
matters relating to the closed session shall be confidential except by consent of the
applicant or in an action by the applicant to appeal the denial.
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1.7.2 REAL PROPERTY TRANSACTIONS
fe To consider negotiations prior to the purchase, sale, exchange or
lease of real property and meet with a negotiator. Prior to such sessions the agenda must
identify the real property in question and with whom the negotiator may be negotiating,
pursuant to Government Code Section 54954.5 and 54956.8.
L7.3 LITIGATION[ MATTERS
To confer with legal counsel regarding pending litigation pursuant
to Government Code Section 54956.9 when discussion in open session would prejudice
the City's position in the litigation. Litigation is considered pending when: (a) a formal
action has been initiated; (b) there is a significant exposure to litigation; or (c) the City is
deciding whether to initiate litigation. For closed sessions held to consider litigation that
has been formally initiated, the City must publicly identify or state on the agenda the
name of the case, unless to do so would jeopardize service process or existing settlement
negotiations. For closed sessions held to consider a significant exposure to litigation or
whether to initiate litigation, the agenda must specify the number of potential cases.
1.7.4 PUBLIC SERVICE/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.
1.7.6 CLOSED SESSION MINUTES
Pursuant to Section 54957.2 of the California Government Code, the City
Clerk may be required to attend a closed 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.
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2. ORDER OF BUSINESS
Wo 2.1 AGENDA
Any Councilmember may request that a matter be placed on the agenda.
Except in urgent situations. Councilmembers should submit such request seven (7)
working days belore a meeting, along with any available supporting information. No
Councilmember, however, shall remove any item from the agenda, except an item they
requested to be placed on said 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
may be taken up for consideration in the following order-
Organization
Call to Order
Invocation
Pledge of Allegiance
Special Presentations
Public Comments
Public Hearings
City Departments
Consent Calendar
Mayor and Councilmember ReportslDiscussiuns
Closed Sessions
Adjournment
Except with majority consent of the Council. items may not he taken out of order.
Items requested by the public 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.
Council agenda requests and Staff reports for Council action shall be submitted to the
City Manager no later than ten (10) days preceding the Council 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 Friday preceding the Thursday 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.
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2.3 CALL TO ORDER
IrBefore proceeding ,vith 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 Continents 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 with a three (3) minute limitation set for each speaker.
2.5 CONSENT CALENDAR
Items of a non-controversial and routine nature shall be placed on the
consent calendar. All items may be approved by one blanket motion upon unanimous
consent. Anv Councilmember may request that any items he 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 MINUTFS
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:
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 he tinted 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.
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2.6 PL;BLIC HEARINGS ADVERTIS1 DIUNADVERTISED
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
I]caring 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
y 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 lie 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.
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3. PRESIDING OFFICER
3.1 PKESID1NG OFFICER
(a) The Mayor shall be the Presiding Officer at all meetings of the
Council. In the absence of the Mayor, the Vice Mayor shall preside. In the absence of
both the Mayor and Vice Mayor, the Council shall elect a temporary presiding officer to
serve until the arrival of the Mayor or the Vice Mayor or until adjournment, whichever
first occurs.
(b) The Council shall at its first meeting in December in even-
numbered years met to choose one of its members as Mayor and another of its members
as Vice Mayor. In years in which a general municipal election is held, the Council shall
reorganize itself at the first regular meeting following the official canvass of results of the
election, but, no later than the fourth Tuesday following the date of said general
municipal election.
Notwithstanding the reorganization following the general municipal
election, the Council may meet at any regularly scheduled evening meeting of the City
Council to choose a Mayor or Vice Mayor to serve the remainder of the current term.
(c) 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 Vice Mayor 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, lf', upon repeating the selection process for Mayor or Vice Mayor,
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 Vice Mayor shall be by
voice vote.
(f) The Mayor and the Vice Mayor shall serve at the will of the City
Council and until their successors have been duly selected pursuant
to subsection(b), (g) and (h) hereof.
(g) The offices of Mayor or Vice Mayor shall be deemed vacant upon
op the happening of any of the following:
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(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;
(4) The majority of' the Councihnembers desire to make a
change;
(5) The recall of the holder of such office.
(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.
3.2 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.
3.3 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.
3.4 SIGNING OF DOCUMENT'S
The Mayor, or Vice Mayor, 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 Vice Mayor.
3.5 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. Ali questions and remarks shall be addressed to the Chair.
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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 Councilmember 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.
4.2 DECORUM AND ORDER - COI NCILMEMBERS
(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, unnless a Point of Order is raised
by another Councilmember; or unless the speaker chooses to yield to questions from
another Councilmember.
(d) Any Councilmember tailed 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 roles of the Council.
(e) Councilmembers 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.
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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
memhers, 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 ORDF..R - PUBLIC
Members of the public attending Council meetings shall observe the same
rules of order and decorum applicable to the Council_
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 PRIVILEGF.
The right of a member to address the Council on a question if 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 will leave the Council Chambers during debate and voting on the issue.
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4.8 LIMITATION OF DEBATE
Councilmembers normally should speak not more that 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 he
made clear by language such as, "I would like the minutes to show that I am opposed to
this action for the following reasons..."
4.10 RULINGS OF CHAIR FINAL LTNLESS OVERRULED
In presiding over Council meetings, the Mayor, Vice Mayor, or temporary
Presiding Officer shall 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.
5. ADDRESSING THE COUNCIL
5.1 MANNER OF ADDRESSING THE COt]NCIL
(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 Councilmember, 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 (3)
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
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the City in any manner. Unless otherwise directed by the Council, the restrictions
imposed by Subsection (a) shall apply only to those portions of the Council agenda
during which members of the public are permitted to make public continents 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 26_
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:
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.
5.4.2 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
an issue. In this regard, preference may be given to speakers who represent groups of
persons who have designated a spokesperson.
5A.4 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, ur
services of the city or the acts or omissions of the City Council,
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5.5 WRITTE.N 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 pending matter, or to be brought before
the City Council shall be included in the agenda packet for the meeting at which such
item is to he 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 members of the Council
will be transmitted to them.
5.6 PERSONS AU"I'HIORIZED TO BF, 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.
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 he withdrawn by the mover without
the consent of the person seconding it.
6.2 MOTIONS OUT OF 01WER
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 divisional propositions, the Presiding
Officer may, and upon request of a member shall, divide same.
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6.A PRECF.DENC E 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) Ad�oum
(b) Fix Hours of Adjournment
(c) Table
(d) Limit or Terminate Discussion
(e) Amend
(fl Postpone
(g) Reopen Public Discussion
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 unamcndable except by unanimous vote.
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.
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69 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 debatable 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 shall
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
ordinances 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.
7.3 FAILURE TO VOTE
Every Councilmember should vote unless disqualified for cause.
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7.4 RECONSIDERATION
Anv 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.
7.6 MOTION TO RESCIND
Any Councilmember, regardless of how he or she voted on the item
originally, may move to rescind an action taken at a previous meeting in order to strike
out an entire motion, resolution. rule, bylaw, section, or paragraph that has been adopted
except in the following circumstances:
(a) When there has been detrimental reliance on the original decision
by a party affected thereby;
(b) When something has been done, as a result of the original decision,
which it would be impossible to undo;
(c) When the item is in the nature of a contract and the other party to
the contract has been informed of the irate and has taken action in reliance thereon which
cannot be undone.
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R. RESOLUTIONS
8.1 DEFINITIONS
As a rude of thumb, it can he 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 docwnent(with the additional "whereas"
explanatory material it often recites) to facilitate such future reference and research.
A "motion" (assuming it as 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.
9.2 RESOLUTIONS PREPARED IN ADVANCE
Where a resolution has been prepared in advance, the procedure shall be:
motion, sceond, discussion, vote pursuant to methods prescribed in Section 7.1, and result
declared. Tt 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.
S.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.
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8.4 URGENCY RESOLUTIONS
br 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 9.2 above shall be followed.
Urgency resolutions shall be avoided except when absolutely necessary,
and shall be avoided entirely when resolutions arc 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 riot be
deemed applicable.
9. ORDINANCES
9.1 INTRODUCTION AND ADOPTION OF ORDINANCES
Ordinances shall not be passed within five (5) 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 Councilmembcrs present,all
ordinances shall be read in gull, 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 (5) 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 thirty (30) days after adoption, but may be made operative at such
later date as may be designated in the ordinance.
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 fifteen (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 nails to receive 415ths
majority, it may thereafter be considered and passed in the same manner as regular
ordinances.
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10, STUDY SESSIONS
10.1 STUDY SESSIONS
Councilmembers able to attend scheduled study sessions may meet in the
San .Jacinto Unified School Board Room at 2045 South San Jacinto, San Jacinto, on the
fourth Thursday of each month (and such other times as deemed necessary) at 6:00 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 closed sessions held at such times pursuant to Government Code,
10.3 PURPOSE
Study sessions constitute a meeting of the City Council and are subject to
applicable rules and procedures.
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 closed
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.
Any Councilmember may request that a matter be placed on the agenda.
Except in urgent situations, Councilmembers should submit such requests seven (7)
working days before a meeting, along with any available supporting information. No
Councilmember, however, shall remove any item from the agenda, except an item they
.� requested to be placed on said agenda.
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11. CITY COUNCIL REPRF.SF,NTATION"SiJBCONWITTEES!TASK FORCES
11.1 SUBCOMMITTEES/'TASK FORCES
The City Council or Mayor may designate subcommittees/task forces as
necessary. No more than two (2) 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 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 if one (1) year. The
Mayor shall review these appointments annually, upon any vacancy, or as deemed
necessary for continuing necessity. Such representation will receive staff support from
other agencies, including any needs to comply with the Brown Act.
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 as deemed necessary for continuing necessity.
11.1.3 AD HOC:
The Mayor shall appoint ad hoc task forces as deemed necessary
and as such would not be required to meet requirements of the Brown Act. Such task
forces may require staff support and are not required to meet requirements of the Brown
Act. They shall serve for the period of time necessary to meet the needs as they were
originally intended.
11.21 COUNCIL SUBCOMMI fTEEA'ASK FORCE POLICIES
11.2.1 PURPOSE
The purpose of Council Subcommittees/Task Forces 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 subcommitteeltask force to review the
issues which are brought before the subcommittee/task force and provide feedback to
staff for consideration by the full Council.
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11 .2.3 POWERS
The subcommittees/task forces shall act as a tact 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/task forces shall meet as necessary, at the call
of a subconmitteeltask force member, the Council or no less than quarterly depending
upon the type of subcommittee/task force. Representative staff shall prepare an informal
agenda listing the topics to be covered at each meeting. The City Manager shall
designate the staff representation, whom shall be present at each meeting to present
information and provide follow up actions.
12. COUNCIL APPOINTED CITIZEN BOAItDSICOMMISSIONSICOMMI'l"I'L S
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 AC1'
�. 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 to cause 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 ((jovernment 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 ten (10) working
days after the release of such notice (Government Code Section 54974).
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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.
12.5 UNSCHEDULED VACANCIES
Whenever an unscheduled vacancy occurs due to resignation, death,
termination or other reason, the same noticing .vill be accomplished as for a scheduled
vacancy, within twenty (20) days of the occurrence of the vacancy. Appointment to that
vacancy shall not be made prior to ten (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 its consideration at it's next regular meeting.
12.7 INTERVIEWS
Any City Councilmcmber 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 (2) 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 appointee's name, address
and phone number for follow up. The City Cleric shall also notify unsuccessful
candidates, thanking them for their interest in serving the City of San Jacinto.
Resolution Number 99-54 is hereby rescinded.
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NOW, THEREFORE:, THF, CITY COUNCIL OF TILE• CITY OF SAN JACINTO
DOES HEREBY RESOLVE and ADOPT the foregoing amended rules and procedures
Y for the City of San Jacinto to be effective immediately.
APPROVED AND ADOPTED THIS 16th day of December, 1999.
MAYOR 017 THE CITY OF SAN JACINTO
Attest:
Pity Clerk
State of California )
County of Riverside ) ss
City of San Jacinto )
L Beti An Hynes, duly appointed City Clerk of the City of San Jacinto do hereby certify
that the foregoing Resolution Number 99-56 was duly and regularly adopted by the City
Council of the City of San Jacinto at their regular meeting held on 16 December 1999 by
the following called votes:
Ayes: Ayers, Carlson Buydos, Connor, Good and Williams
Noes: None
Absent: None
Abstain: None
Beti A Hynes
City t'lerk
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