HomeMy WebLinkAbout12/3/2008 - STAFF REPORTS - 5.G. 12/03/08
ITEM 5.G.
• CITY COUNCIL RULES OF PROCEDURE
Adopted by Resolution No. 21201
(February 9, 2005) .
TABLE OF CONTENTS
1. MEETINGS
1.1 Regular Meetings... . ........ ............ ......... ......... . 2
1.2 Adjourned Meetings.......... ........... ................................ . ......... 2
1.3 Special Meetings.......... ............. • ............ ............. ............ 2
1.4 Study Sessions....... ............ . ..................................................... 2
1.5 Notice of Meetings......... .................. ......... ................. ........ 2
1.6 Quorum........................ ................................................ . ............ 3
1.7 Meetings to be Public......... .................................:......................... 3
1.8 Closed Session Procedures............................................................ 4
2. ORDER OF BUSINESS
• 2.1 Agenda_.,............ ........................... ..............___........................ 5
2.2 Delivery of Agenda....... ................................................................. 6
2.3 Roll Call----......... ............... ............. . ............. . . ............... ..... 6
2.4 Approval of Minutes....... ............... ............... ................ . ......... 7
2.5 Public Hearings........ ----........... .......... . -.............. . ................ 7
2.6 Public Comments.............................................. ................ ........ 7
2.7 Consent Calendar.. .......... .......... ........... ............. 8
2.8 Presentation by Members of the Council_..............._................... 8
2.9 Tentatively Scheduled Adjournment Time.................... ........... 8
3. PRESIDING OFFICER
3.1 Presiding Officer-,........... ........ ............ ........... ......... 9
3.2 Call to Order.............. . ............. . ............ ................................. 9
3.3 Participation of Presiding Officer..................................................... 9
3.4 Question to be Stated-.............. ............. .................................... 9
3.5 Signing of Documents....... .......................... . .............. . . ...... 9
3.6 Maintenance of Order..... . .............. .................................. ........ 10
4. RULES, DECORUM, AND ORDER
4.1 Points of Order_............... ...........__..............._.......... . ............. 10
4.2 Decorum and Order- Councilmembers.......................................... 10
4-3 Decorum and Order- Employees................................................... 11
4.4 Decorum and Order- Public........................................................... 11
4.5 Enforcement of Decorum............................................................... 11
4.6 Personal Privilege............ ........................... ......................... 12 •
4.7 Conflict of Interest............................................... . . . ..................... 12
4.8 Limitation of Debate........ . . ................................ . ................. 12
4.9 Dissents and Protests..................................................................... 12
4.10 Rulings of Chair Final Unless Overruled........................................ 12
5. ADDRESSING THE COUNCIL
5A Manner of Addressing the Council................................................. 13
5.2 Time Limitation_........................................ • . . ...........................- 13
5.3 Addressing the Council After Motion is Made................................. 13
5.4 Limitations Regarding Public Comments and Reports-------_....... 13
5.5 Written Correspondence..................... • -- . ............................------. 14
5.6 Persons Authorized to be Within Platform...................................... 14
6. MOTIONS
6.1 Processing of Motions...... . .................................................... 15
6.2 Motions Out of Order...................................................................... . .15
6.3 Division of Question.............'........................................................... 15
6.4 Precedence of Motions......-_--------.................................• . ............. 15
6.5 Motion to Adjourn............................................................................ 15
6.6 Motion to Fix Hour of Adjournment................................................. 16
6.7 Motion to Table............................................................................... 16
6.8 Motion to Terminate Discussion or Call the Question..................... 16
6.9 Motion to Amend................................................................ ............ 16
6.10 Motion to Continue..............................-------------.............................. 16
7. VOTING PROCEDURE
7.1 Voting Procedure................................................................. .......... 16
7.2 Vote Required......... . .................................... . ................... 17
7.3 Roll Call Voting................................................................................ 17
7.4 Failure to Vote....................................... . • .............................. 17
7.5 Reconsideration.....------- .....................:............------.................... 17
7.6 Motion to Rescind...................... . ........................................... 18
7.7 Tie Votes...................................................... . .............................. 18
8. RESOLUTIONS
8.1 Definitions....................... • ................................. ------............ 18
8-2 Resolutions Prepared in Advance.......---................................ ..._ 19
8.3 Resolutions Not Prepared in Advance............. 19
8.4 Urgency Resolutions....................................................................... 19
9. ORDINANCES
9.1 Introduction and Adoption of Ordinances....................................... 20
9.2 Effective Date.... . . . . •...................... •. . . . . •. . ........ 20
9.3 Publishing__.....__......................_--------- .................................. 20
9-4 Urgency Ordinances............................._....................................... 20
10. STUDY SESSIONS
10-1 Schedule of Study Sessions.......................................................... 20
10.2 Purpose..................... . ............................... . . . . . . . . 21
10.3 Open to the Public............................... . . .. ............................... 21
10.4 Closed Study Session Procedures................................................ 22
10.5 Agenda........................ •. . •.......................................-....-......--.-.- 22
11. STANDING COMMITTEES
11.1 Finance Committee__............................... .......................... 22
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PURPOSE, EFFECT, AND AUTHORITY:
In the absence of a rule herein to govern a point or procedure or the making of a
motion, Robert's Rules of Order, Newly Revised, shall be used as a guide. The
purpose and intent of the City Council in adopting the within rules shall be to
provide directory guidelines relating to the conduct of the public business by or
on behalf of the City Council, and in the event of any noncompliance 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. These rules are
intended to be consistent with State law, however, in the event of any
inconsistency with State law, State law shall prevail. In the event of any
inconsistency between these rules and Robert's Rules of Order, these rules shall
control. The scope and effect of these rules -shall be -determined by the
Presiding Officer in conformity with Section 4.11 hereof.
•
1. MEETINGS: MI
1.1 REGULAR MEETINGS:
The City Council of Palm Springs shall hold regular meetings in the
Council Chamber of the City Hall, 3200 East Tahquitz Canyon Way, Palm
Springs, California, on the first and third Wednesdays of each month at
6:00 p.m. (or as amended by the City Council by Ordinance or
Resolution). When the day for any 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 day
thereafter that is not a holiday. (Gov. Code 54954)
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 SESSION:
Study sessions shall be held in conformity with Section 10.
1.5 NOTICE OF MEETINGS:
The Agenda for all regular, adjourned, and special meetings shall be
available to the general public and the City Clerk shall cause a copy
thereof to be posted at least 72 hours before a regular or adjourned
meeting or 24 hours before a special meeting on the exterior bulletin
board on the west wall of the City Council Chamber. No other notice of
regular meetings or regular study sessions is required. Mailed or
personally delivered notice to each member of the City Council and to
each local newspaper of general circulation, radio, or television station
requesting notice in writing, is required of special meetings. Mailed notice
in the manner required for special meetings and posted notice at the
place the meeting was held within 24 hours of adjournment is required of
meetings adjourned by the City Clerk. Posted notice at the place the
meeting was held within 24 hours of adjournment is required of all other
adjourned meetings. (Government Code Sections 54955 and 54956)
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1.6 QUORUM:
A majority of the Council shall be sufficient to do business and motions
may generally be passed 2-1 if only 3 attend. Certain items as specified
in Section 7.2, however, require three or four affirmative votes to carry.
1.6-1 LeqaIlV 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 other impartial and equitable means as
the Council shall determine, that number of its disqualified
members which, when added to the Councilmembers
eligible to vote, shall constitute a quorum. (Gov- Code §
87101)
1.7 MEETINGS TO BE PUBLIC:
Study Session and all regular, adjourned or special meetings of the City
Council shall be open to the public (Gov, Code § 54953), provided, how-
ever, the Council may hold closed sessions from which the public may be
excluded for the consideration of those subjects specified in the Brown
Act, principally including, but not limited to:
1.7-1 Personnel Matters:
To consider the appointment, employment, evaluation of
performance, or dismissal of a public employee, or to hear
complaints or charges brought against such employee by
another person or employee unless such employee requests
a public hearing- The term "employee" does not include
those elected to office or appointed to an office by a
legislative body, except that positions such as city manager,
city attorney, department head, or other similar
administrative officers shall be considered employees. The
Council may exclude from any such closed session during
the examination of a witness any or all other witnesses in the
matter being investigated- (Gov. Code § 54957)
1.7.2 Litigation Matters:
On the advice of legal counsel to discuss litigation when
discussion in open session would prejudice the City's
position. Litigation is considered pending when a formal
action is initiated or when legal counsel believes there is
significant exposure to litigation. A closed session may be
held to determine whether there is significant exposure to
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litigation or when the City wishes to initiate litigation. (Gov.
Code 54956.9)
Legal counsel must submit to the Council a memorandum
stating the specific reasons and legal authority For the closed
session_ If action has been filed, the memorandum must
include the title of the litigation. In all other cases, the
memorandum must include existing facts and circumstances
on which the pending litigation is based. The memorandum
should be submitted prior to the closed session if feasible,
but otherwise no later than one week after the closed
session. The memorandum is not a public record. (Gov.
Code § 54956.9)
1.7.3 Threat to Public Buildings, Services. and Facilities:
With law enforcement officials on matters posing a threat to
security'of public buildings or a threat to the public's right to
access to public services or public facilities. However,
closed sessions may not be used to discuss normal and
usual police business. (Gov. Code § 54957)
1.7.4 Negotiations for Real Property:
With any negotiator the Council has employed to purchase,
sell, exchange, or lease real property. But prior to the
closed session, the legislative body must, in open session or
by agenda posting, identify the real property about which the
negotiations are concerned and the person or persons with
whom the negotiator may negotiate. (Gov. Code § 54956.8)
1.7.5 Employee Benefits:
With the local agency's designated representatives (e.g.
labor negotiator) regarding the salaries, salary schedules, or
compensation paid in the form of fringe benefits of its
represented and unrepresented employees, or to instruct the
representative_ (Gov. Code § 54957.6)
1.8 CLOSED SESSION PROCEDURES:
Prier to or after holding any closed session, the Council must state in
open session the general reason or reasons for holding the closed
session, and may cite-the statutory authority or other legal authority under
which the session is being held. In the closed session, the Council may
consider only those matters covered in its statement. In the case of
special, adjourned, and continued meetings, the statement shall be made
as part of the notice provided for the meeting. (Gov. Code § 54957.7)
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In the case of a closed session regarding the appointment, employment,
or dismissal of a public employee, after any closed session, the body must
publicly report at that same public meeting or the next public meeting the
action it has taken and any roll call vote thereon. (Gov. Code § 54957.1)
2. ORDER OF BUSINESS
2A AGENDA:
The Order of Business of each meeting shall be as contained in the
Agenda prepared by the City Clerk, under the general direction of the City
Manager. The Agenda shall be a listing containing a brief general
description of each item of business to be transacted or discussed at the
meeting in the following order:
Call to Order
Pledge of Allegiance
Invocation
Roll Call
Presentations
Approval of the Agenda
Report of Closed Session
Public Hearings
Public Comment
Councilmember Comments and Requests
City Manager's Report
Consent Calendar
Excluded Consent Calendar
Legislative Items
Unfinished Business
New Business
Councilmember Comments and Reports
Adjournment
Items may not be taken out of order, except with the majority consent of
the Council.
The City Clerk, under the general direction of the City Manager, shall
place other agency business (Community Redevelopment Agency,
Housing Authority, etc.) in any manner for the efficient conduct of the
meeting.
2.1.1 Agenda Description:
The_agenda must include a brief general description sufficient to inform
the public of the subject matter and nature of the proposed action for each
item of business to be transacted or discussed at the meeting. Limited
discussion of matters not listed on the agenda may be permitted under
the Councilmember Comments and Requests and Councilmember
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Comments and Reports sections of the agenda but action may not be
taken on such matters. See Sections 2.6 and 2.8 for further explanation
of the-discussion permitted on such Reports and Requests items.
2.1.2 No Action on Matters Not On Agenda: Exceptions.
No action shall be taken on any item not appearing on the
posted agenda except in the following circumstances (Gov.
Code § 54954):
a) Upon a determination by a majority vote of the
Council that an emergency situation exists, as defined
in Government Code Section 54956.5;
b) Upon a determination by a two-thirds vote of the City
Council, or, if less than two-thirds of the
Councilmembers present, a unanimous vote of those
Councilmembers present, that the need to take action
arose subsequent to the agenda being posted; or
c) The item appeared on a posted agenda for a prior
Council meeting occurring not more than five calen-
dar days previously and at the prior meeting the item
was continued to the current meeting.
The facts to support the determinations in a) and b) above
shall be stated in the staff report, a supplemental staff
report, or the minutes of the meeting at which the action was
taken-
2-2 DELIVERY OF AGENDA:
Barring insurmountable difficulties, the Agenda shall ordinarily be
delivered to Councilmembers each Friday preceding the Wednesday
meeting to which it pertains.
The Agenda shall also be available to the general public and the City
Clerk shall cause a copy thereof to be posted at least 72 hours before a
regular or adjourned meeting or 24 hours before a special meeting on the
exterior bulletin board on the west wall of the City Council Chamber_
2.3 ROLL CALL:
Before proceeding with the business of the Council, the City Clerk shall
call the roll of the Councilmembers and the names of those present shall
be entered in the minutes. The order of roll call shall be alphabetical with .
the Mayor called last.
2.4 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.
2.5 PUBLIC HEARINGS:
Generally, public hearings, other than those of a quasi-judicial nature,
shall be conducted in the following order:
Staff Report
Initial Questions and Clarifications by the City Council
Hearing Opened:
Applicant (10-minute time limit)
Appellant (if different than the Applicant) (I 0-minutetime limit)
Public Testimony (3-minute time limit)
Applicant Rebuttal (2-minute time limit)
Appellant Rebuttal (2-minute time limit)
Questions and Discussion by the City Council
Action by the City Council
Questions or comments from the public shall be limited to the subject
under consideration. Councilmember questions of the staff prior to the
opening of the public hearing and of the public prior to the close of the
public hearing should be factual and seek pertinent information;
Councilmember questions and comments should not be argumentative
and Councilmembers should not get into debates with staff or those
members of the public testifying at a public hearing. Councilmembers
should not express their opinions on an item prior to the close of the
public hearing, as Councilmembers should not form or express an opinion
until after all testimony has been received.
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, but in no event less than 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
presentations requiring more time. (Gov. Code § 54954.3)
Quasi-judicial hearings shall be conducted in accordance with the
principles of due process, and the City Attorney shall advise the City
Council in this regard.
2.6 PUBLIC COMMENTS:
During the Public Comments portion of the meeting any person may
address the Council on any subject pertaining to City business, whether
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listed on the agenda or not, except at special meetings Public Comments
shall be limited to matters appearing on the agenda. All public comments
shall be on matters within the jurisdiction of the City. A limitation of 3
minutes shall be imposed upon each person so desiring to address the
Council during the Public Comments designation on the agenda. (Gov.
Code § 54954.3)
2.7 CONSENT CALENDAR:
Items of a routine nature, and non-controversial, shall be placed on the
consent calendar. All items may be approved by one blanket motion upon
unanimous consent- Under "Approval of the Agenda" any Councilmember
may request that any item be withdrawn from the consent calendar for
separate consideration. However, any Councilmember may abstain or
vote "no" from voting on any consent calendar item without requesting its
removal from the consent calendar, and the City Clerk shall be instructed
to record such abstentions in the minutes.
2.8 PRESENTATION BY MEMBERS OF THE COUNCIL:
The Mayor or any Councilmember may bring before the Council any new
business under the Councilmember Comments and Requests or Reports
portion of the Agenda. Limited discussion of such requests may be
permitted as necessary to find out what action staff is taking with respect
to the matter, or to determine if the matter should be placed on a future
Council agenda for discussion and action, if appropriate. No action may
be taken on such matters until a subsequent meeting, except upon
compliance with the provisions of Section 2.1.1.
2.8.1 Conflict of Interest:
If a Councilmember seeks to agendize a matter, and it is
found prior to the matter being heard) that such
Councilmember has, or may have, a conflict of interest such
that the Councilmember will abstain on the matter, the
matter shall not be heard until a Councilmember without a
real or potential conflict requests that the-matter be heard.
The provisions of Municipal Code Chapter 2.05 and Section
9410 of the Palm Springs Zoning Ordinance apply
concerning appeals, and the time limitations prescribed
therein.
2.9 TENTATIVELY SCHEDULED ADJOURNMENT TIME:
The tentatively scheduled adjournment time for all regular meetings and
study sessions shall be 10:00 p.m. The City Council may continue the
meeting past the 10:00 p.m- tentatively scheduled adjournment time, by a
majority vote of the City Council.
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• 3. PRESIDING OFFICER
3.1 PRESIDING OFFICER:
The Mayor shall be the Presiding Officer at all meetings of the City
Council. In the absence of the Mayor, the Mayor Pro Tem shall preside.
In the absence of both the Mayor or Mayor Pro Tem, the Council shall
elect a temporary presiding officer to serve until the arrival of the Mayor or
Mayor Pro Tem or until adjournment.
In accordance with the Palm Springs City Charter Section 302, at the first
regular City Council meeting following a general municipal election, in
which newly elected Councilmembers are sworn and seated, and at the
first regular City Council meeting following the anniversary of that date for
any year in which no general municipal election is held, the City Council
shall designate one of its members as Mayor-Pro Tempore, who shall
serve in such capacity at the pleasure of the City Council. The Mayor Pro
Tempore shall perform the duties of the Mayor during any period of the
Mayor's absence or disability.
3.2 CALL TO ORDER:
. The meeting of the Council shall be called to order by the Mayor or in his
absence by the Mayor Pro Tem. In the absence of both the Mayor and
the Mayor pro tem, the meeting shall be called to order by the City Clerk,
whereupon the City Clerk shall immediately call for the selection of a
temporary Presiding Officer.
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/she shall not be deprived of any of the rights
and privileges of a Councilmember by reason of his acting as Presiding
Officer.
3.4 QUESTIONS TO BE STATED:
The Presiding Officer shall verbally restate each question immediately
prior to calling for the vote. Fallowing the vote, the Presiding Officer shall
verbally announce whether the question carried, or was defeated. The
Presiding Officer shall 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 have
authority to sign all ordinances, resolutions, contracts, deeds, easements,
licenses, covenants, and other documents on behalf of the City, but such
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authority may be delegated to the City Manager as provided in Section
2.08.020 of the Municipal Code, and Resolution 20271, as they may be
amended from time to time.
The City Clerk, or the Deputy City Clerk in the absence of the 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 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 - 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 rules 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,
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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 the 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 member, including the City Manager,
desiring to address the City 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 wishing
to address the Council shall, before speaking, announce his/her actual
name, address and city of residence, but such address need not be
disclosed publicly if to do so would violate the privacy interests of the
speaker. Any person while addressing the Council making obscene,
slanderous, impertinent, profane, or similarly offensive and disruptive
remarks, or who engages in loud, boisterous, or other disorderly conduct,
which disrupts, disturbs, or otherwise impedes the orderly conduct of the
public meeting; and any person, while attending the Council meeting,
making unauthorized remarks from the audience, or stamping their feet,
whistling, yelling, or making similar demonstrations which disrupts,
disturbs, or otherwise impedes the orderly conduct of the public meeting,
shall, at the discretion of the Presiding Officer, or a majority of the Council,
be barred from further audience before the Council during that meeting
and/or be removed from the room by the sergeant-of-arms. Aggravated
cases shall be prosecuted on an appropriate complaint signed by the
Presiding Officer.
4.5 ENFORCEMENT OF DECORUM:
The Chief of Police shall be ex-officio sergeant-of-arms of the Council.
The Chief shall carry out all orders and instructions given by the Presiding
Officer for the purpose of maintaining order and decorum in the Council
Chamber. Upon instructions from the Presiding Officer, it shall be the duty
of the Chief of Police or his representative to eject any person from the
Council Chamber or place him under arrest or both.
• 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
resolution of the Council. Any Councilmember prevented from voting
because of a conflict of interest, shall refrain from debate and voting.
Such Councilmember shall leave City Council Chamber during debate
and voting on the issue, but shall be free to address the Council as a
private citizen on the 'matter. -
4-8 LIMITATION OF DEBATE:
As a matter of preferred protocol and courtesy to fellow members of the
Council, no Councilmember normally should speak more than once upon
any one subject until every other Councilmember choosing to speak
thereon has spoken and no Councilmember should speak for an
excessive length of time each time he has the floor, without the approval
of the Council.
4.9 DISSENTS AND PROTESTS:
Any Councilmember shall have the right to express dissent from or protest
to any action of the Council and have the reason entered in the minutes.
If such dissent or protest is desired to be entered in the minutes, this
should Ibe 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 UNLESS OVERRULED:
In presiding over City Council meetings, the Mayor, Mayor Pro Tem, or .'
temporary Presiding Officer shall 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 a majority vote of the Councilmembers present and voting,
and shall be binding and legally effective (even though clearly erroneous)
for purpose of the matter under consideration-
5. ADDRESSING THE CITY COUNCIL
5.1 MANNER OF ADDRESSING THE COUNCIL:
Speaker cards shall be available at the meeting, and persons desiring to
address the Council shall be requested to complete a card and give it to
the City Clerk PRIOR to the hearing of the item, or the beginning of the
public comment period. The City Clerk shall give all speaker cards to the
presiding officer, who shall call each person to the microphone. The
person recognized by the presiding officer shall proceed to the podium.
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-
Persons who have not completed a speaker card shall identify themselves
to the City Clerk as wishing to speak PRIOR to hearing the Item or prior to
• the beginning of the public comment-period- Those persons shall be
heard after the presiding officer has called upon all speakers who
submitted a speaker card. Such persons shall state their name and
address for the record.
5.2 TIME LIMITATION:
Unless further time has been granted by the Presiding Officer as provided
in Sections 2.5 or 5-4, any member of the public desiring to address the
Council shall limit his remarks as follows: (See 2.6) (Gov. Code, §
54954.3)
a) Three (3) minutes during public hearings;
b) Three (3) minutes during the public comment period-
6.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE:
After a motion has been made, or after a public hearing has been closed,
no person 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 oral communications to the Council by any member of the
public during the "Public Comments" portions of the agenda shall be
subject to the following limitations:
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5.4.1 At any time, before or after the oral communication is commenced,
the Presiding Officer may if he deems it preferable, direct that the
communication be made instead either 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 Except in the case of public hearings (see Section 2.5) 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.
5.4.5 No oral communication 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/her. 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.
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 sent 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 the Municipal Code, or other ordinances.
'Copies of all other communications sent to the Council will be transmitted
to them. Any matter requiring Council action shall be placed on a meeting
agenda for Council action_
5.6 PERSONS AUTHORIZED TO BE WITHIN PLATFORM:
No person except City officials shall be permitted within the platform area
in front of the Council table without the invitation or consent of the
Presiding Officer.
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• 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 person seconding it.
6-2 MOTIONS OUT OF ORDER:
The Presiding Officer may at any time, by majority consent of the Council,
permit a Councilmember 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 divisible propositions, the Presiding
Officer may, and upon request of a Councilmember shall (unless
appealed), divide the 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 Hour 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 Councilmember while
speaking,
C. When discussion has been ended, and vote on 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.
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6.6 MOTION TO FIX HOUR OF ADJOURNMENT:
A motion to fix the hour of adjournment shall be to set a definite time at
which to adjourn and shall be undebatable and shall be unamendable
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 meeting. If not taken from the table the matter shall die but may be
placed on a future agenda as a new matter.
6.8 MOTION TO TERMINATE DISCUSSION OR CALL THE QUESTION:
Such a motion shall be used to limit or close debate on, or further
amendments to, the main motion and shall be undebatable. If the motion
fails, debate shall be reopened; if the motion passes, a vote shall be taken
on the main motion.
6.9 MOTION TO AMEND:
A motion to amend shall be debatable only as to 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 PROCEDURE
7.1 VOTING PROCEDURE:
In acting upon every motion, the vote shall be taken by voice or roll call or
any other method by which the vote of each Councilmember present can
be clearly ascertained_ The vote on each motion shall then be entered in
full upon the record. The City Clerk shall vary the order of voting with the
Mayor voting last. The City Clerk shall call the names of all
Councilmembers seated when a roll call vote is ordered or required.
Councilmembers shall respond "aye," "no," or "abstain", provided that
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when a vote is collectively taken by voice or when a method of voting
other than by voice or roll call is used, any Councilmember not audibly
and clearly responding "no" or "abstain" or otherwise registering an
objection shall have his vote recorded as "aye_"
7.2 VOTE REQUIRED:
Generally, items before the Council require a majority of a quorum of
affirmative votes in order to carry. Certain motions, when specified in
state law, require a majority of the membership of the Council, or a
supermajority of four affirmative votes. (Gov. Code § 36936). For
illustrative purposes only, these requirements are as follows:
a) Three (3) votes:
i) Ordinances;
ii) Resolutions and orders for the payment of money;
iii) Contracts involving payments by City over One
Hundred Thousand Dollars ($100,000).
b) Four(4) votes:
i) Motions to condemn property;
ii) Motions to overrule a majority protest to the formation
of an assessment district;
• iii) Motions to add an item to the agenda;
iv) Urgency ordinances.
7.3 ROLL CALL VOTING:
Any question before the Council shall not require a roll call vote unless
demanded by any Councilmember. It shall not be in order for
Councilmembers to explain their vote during roll call. Any Councilmember
may change his vote before the next order of business.
7.4 FAILURE TO VOTE:
Every Councilmember should vote unless disqualified for cause_ If a
Councilmember is required to vote despite a disqualifying conflict of
interest, in order to achieve a quorum, the Councilmember shall state the
reason which shall be recorded in the minutes.
When a vote is collectively taken by voice, any Councilmember not
audibly and clearly responding "no" or "abstain" shall have his or her vote
recorded as "aye."
7.5 RECONSIDERATION:
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 either at the same meeting or at a subsequent
meeting provided that there has not been detrimental reliance on the prior
— 17 --
decision by a person affected thereby or that an action has been taken as
a part of the earlier decision'which would be impossible to undo. The
motion to reconsider must be made by a Council Member 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.
7.6 MOTION TO RESCIND:
Any Councilmember, regardless of how he voted on the item originally,
may move to rescind an action taken at a previous meeting in order to
strike ciut 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 vote and has taken action in
reliance thereon which cannot be undone.
After a motion to rescind has once been acted upon, no other motion to
rescind shall be made without unanimous consent of the Council.
7-7 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 on any matter 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 DEFIN11IONS:
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 is
(usually more temporary and transitory in nature) are accomplished by
"resolutions." The term 'resolution" in its general sense will denote any
-= 18 --
r
action taken affirmatively via a vote of the Council, other than one taken
by ordinance. As used in this City, however, three terms are in general
use to denote such (non-ordinance) actions: "resolution," "minute order,"
and "motion" (thereafter recorded by minute entry). Technically, all three
are equally as legally effective and binding; they vary only in the formality
of respective memo rialization. The most formal is referred to as a
"resolution." This, in addition to being referenced in the minutes, will be
recorded by separate document, numbered in sequence and preserved in
a separate set of books. Such 'resolutions" are used for various reasons,
such as when specifically required by law, when needed as a separate
evidentiary document to be transmitted to another governmental agency,
or where the frequency of future reference back to its contents warrants a
separate document (with the additional "whereas" explanatory material it
often recites) to facilitate such future reference and research.
A "minute order" denotes a separate document which is also maintained
in a separate set of books, under a system of sequential numbering, and
is referenced in the minutes; however, the "minute order" is drafted far
more briefly than a 'resolution" and is distinguished from a mere minute
entry only by the need, in general, to have a separate document to
facilitate certain administrative processes to which it pertains_
The "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.
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 the result declared. It shall not be necessary to read a
resolution in full or by title except to identify it.
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, such
�- 19 --
as in improvement acts, zoning matters, or force account work on public .
projects.
9- ORDINANCES
9.1 INTRODUCTION AND ADOPTION OF ORDINANCES:
Ordinances shall not be passed within five days of their introduction, nor
at other than a regular meeting or at an 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 a
majority, 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
passed only at a regular or at an adjourned regular meeting held at least
five days-after alteration. Corrections 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
Cade, shall take effect 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 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 a 4/5 majority, it may thereafter be considered and passed in
the same manner as regular ordinances.
10. STUDY SESSIONS
10.1 SCHEDULE OF STUDY SESSIONS:
The City Council shall meet in regular Study Session at those times
specified by resolution of the Council. Study Sessions shall be held in the
City Hall Council Chamber. The Study Session shall include a closed
session.
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10.2 PURPOSE:
A quorum of Councilmembers is required in order to hold a study session.
A study session of the Council shall be subject to the procedures and
limitations set forth in this Article, but shall be treated as a regular Council
meeting under the Ralph M. Brown Act (Gov. Code § 54950 et sec.), the
provisions of which shall apply with full force and effect to study sessions-
Study sessions are held for the following purposes:
a) Reviewing the agenda for the upcoming Council meeting;
b) Discussing matters to determine whether they should be on
future Council agendas;
c) Discussing matters preparatory to placing them on a future
Council agenda so that staff will know what information the
Council wishes analyzed or included in the staff report;
d) Deciding matters of an emergency nature which cannot be
held to a-future Council meeting;
• e) Meeting and conferring with City commissions, civic
organizations and City officials relative to pending City
business; and
f) Conducting minor cleanup, administrative, housekeeping,
and ministerial activities of limited consequence such as
responding to correspondence, arranging for substitute
attendance of Councilmembers and staff at meetings,
arranging to meet with boards, bodies, commissions, and
others, and similar matters-
Normally, no action will be taken on study session topics. In the event any
action is taken, for example as permitted in subsection (d) above, the
matter shall be placed on the consent calendar at the next available
Council agenda for ratification, and the matter shall be ratified, unless the
matter is removed from the consent calendar and a motion to rescind is
properly made, is in order, and is adopted in the manner provided herein.
10.3 OPEN TO THE PUBLIC:
Study Sessions shall at all times be open to the public and the news
media (Gov. Code § 54953), except for closed sessions held for those
purposes specified in the Brown Act, as more fully discussed in Section
1.7 above.
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10.4 CLOSED STUDY SESSION PROCEDURES
Prior to or after holding any closed study-session, the Council must state
in open session the general reason or reasons for holding the closed
session, and may cite the statutory authority or other legal authority under
which the session is being held. In the closed session, the Council may
consider only those matters covered in its statement. (Gov. Code §
54957.7)
In the case of a closed session regarding the appointment, employment,
or dismissal of a public employee, after any closed session, the body must
publicly report at that same public meeting or the next public meeting the
action it has taken and any roll call vote thereon. (Gov. Code § 54957.1)
10.5 AGENDA:
The City Clerk under the general direction of the City Manager shall be
responsible for preparing an agenda of items for discussion at each study
session. Just as in the case of a regular City Council meeting, no action
may be taken at a study session on an item that is not included on the
agenda_ For a full discussion of agenda requirements and exceptions see
Section 2 above.
11. STANDING COMMITTEES
11.1 FINANCE COMMITTEE:
There shall be a standing committee of the City Council known as the
Finance Committee, whose duties shall be those as prescribed in the
Palm Springs, Municipal Code or as otherwise assigned by the City
Council. The Committee shall consist of two members, one of whom shall
be the Mayor who shall also serve as its Chairman and the other shall be
a Councilmember appointed by the City Council.
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�pA,LMgA�
iy
V N
} �° ° °,r • CITY COUNCIL STAFF REPORT
c�crFORN�P
DATE: December 3, 2008 New Business
SUBJECT: COUNCIL PROCEDURES REGARDING PUBLIC COMMENTS
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
During the City Council meeting of November 19, 2008, Councilmember Weigel
requested that the City Manager place on the Council agenda a discussion regarding
Council procedures in handling and responding to public comments.
RECOMMENDATION:
Discuss and provide direction to staff as may be required.
BACKGROUND
Pursuant to the Brown Act, every agenda for a regular meeting is required to provide an
opportunity for members of the public to directly address the City Council on any item
under the subject matter jurisdiction of the body. With respect to any item which is
already on the agenda, the public must be given the opportunity to comment before or
during the Council's consideration of the item.
Consistent with this requirement, the City Council pursuant to its Rules of Procedure,
Section 2.6, adopted February 9, 2005, provides:
During the Public Comments portion of the meeting any person may
address the Council on any subject pertaining to City business, whether
listed on the agenda or not, except at special meetings Public Comments
shall be limited to matters appearing on the agenda. All public comments
shall be on matters within the jurisdiction of the City. A limitation of 3
minutes shall be imposed upon each person so desiring to address the
Council during the Public Comments designation on the agenda.
ITEM NO. —
City Council Staff Report
December 3, 2008— Page 2
Public Comments
The Brown Act generally prohibits the Council from taking action or even discussing
matters that do not appear on the posted agenda. There are exceptions to this general
rule, including the public emergency and issues that arose after the posting of the
agenda considerations. The Brown Act specifically recognizes significant practical
exceptions that allow councilmembers to be responsive to the public while performing
their duties in a transparent and public manner. These exceptions include-
1. Councilmembers and/or staff can briefly respond to statements made or
questions posed by persons who raise issues during the "public comments"
portion of the agenda;
2. A Councilmember may ask questions for clarification, make a brief
announcement, or make a brief report on the member's activities; and
3. A Councilmember or the Council "may provide a reference to staff or other
resources for factual information, request staff to report back to the body at a
subsequent meeting concerning any matter, or take action to direct staff to place
a matter of business on a future agenda."
The City Council's adopted Rules do not expressly address this issue. In the absence
of express rules governing council responses to public comments, the provisions of the
Brown Act would be applicable. The City Attorney will provide Council a briefing of
these rules at the meeting.
Douglas Holland, City Attorney
David H. Ready,ze RMManager