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RES-2014-043RESOLUTION NO. 2014- 043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND RESTATING THE PROCEDURES AND RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS WHEREAS, the City Council of the City of Anaheim has heretofore adopted Resolution No. 2013 -167, which amended and restated Resolution No. 2012 -042 in its entirety with respect to the procedures and rules of order for the conduct of City Council meetings, business and proceedings; and WHEREAS, the City Council desires to amend and restate said procedures and rules as hereinafter set forth for the sole purpose of adding a "City Manager Report" section to the Order of Business; in all other respects, the procedures adopted in Resolution No. 2013 -167 remain the same in this amendment and restatement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim hereby amends and restates said rules and procedures, in their entirety, in the manner hereinafter set forth. SECTION 1. MEETINGS 1.01. Regular and Special Meetings. The regular and special meetings of the City Council shall be held in the place and at the times specified in Section 1. 12.010 of the Anaheim Municipal Code. Procedures for the calling of such meetings and the adjournment thereof shall be as specified in Section 506 through 509, inclusive, of the City Charter and Chapter 9 of Division 2 of Title 5 (commencing with Section 54950) of the Government Code of the State of California, or any successor provisions thereto. 1.02. Emergency Meetings. Emergency meetings may be held by the City Council in the time, place and manner and for the purposes specified in Section 54956.5 of the Government Code of the State of California, or any successor provision thereto. 1.03. Notices and Meeting Agendas. The City Clerk shall post any public notices, agendas, and other matters required to be publicly posted pursuant to any applicable provision of law including but not limited to agendas for regular meetings and other matters required to be posted pursuant to Section 54954.2 (a), 54956, and 54956.5 of the Government Code of the State of California, or any successor provisions thereto. 1.04. Cancellation. Any meeting of the Council maybe canceled in advance by a majority vote of the Council. The Mayor may cancel a meeting when a majority of members have confirmed in writing to the City Clerk their unavailability to attend such meeting. 1.05. Chair. The Mayor shall preside over all Council meetings. In his /her absence, the Mayor Pro Tempore shall serve as presiding officer. In the absence of both the Mayor and Mayor Pro Tempore, the remaining Council members in attendance shall elect a temporary chairperson to preside at such meeting. The term "Mayor" as used herein shall mean the chairperson. The term "Council member" as used herein shall include the Mayor. 1.06. Attendance and Participation By the Public. Except as specifically provided by law for closed sessions, all meetings of the City Council shall be open and public. All persons desiring to attend shall be permitted to attend any such public meeting. Every agenda for regular meetings of the Council shall provide an opportunity for members of the public to directly address the City Council on items of interest to the public that are within the subject matter jurisdiction of the City Council or on any agenda items. No resident or property owner within the City of Anaheim shall be denied the right to be heard by the Council. Unless otherwise extended by the City Council, the amount of time for each individual speaker shall not exceed three (3) minutes. When more than three speakers desire to speak on the same subject, the City Council may impose a total time limit on the public comments on such subject and /or may restrict each individual speaker on such subject to less than three (3) minutes. Video presentations or other use of electronic or audio - visual equipment by a speaker shall be prohibited provided, however, nothing contained herein shall prohibit a speaker from presenting printed materials (including photographs, diagrams or other visual depictions) to the City Council during such speaker's public comments. The limitations contained in this Section 1.06 shall not apply to testimony given during any hearing required by law which hearing shall be governed by the provisions of Section 4 hereof. 1.07. Disruption of Meetings. Any person who makes disruptive remarks, or engages in any conduct which disrupts, disturbs or impedes the orderly conduct of any Council meeting, shall, at the discretion of the presiding officer or a majority of the City Council, be barred from further addressing the Council during that meeting and /or removed from the meeting room in accordance with the procedure set forth in Section 1. 12.017 of the Anaheim Municipal Code, or any successor provision thereto. In the event any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by removal of the offending individual or individuals, the Council may, by motion duly adopted, order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered during such session. Representatives of the press, unless participants in the disturbance, shall be allowed to attend such session, and nothing shall prohibit the Council from readmitting individuals not responsible for the disturbance. SECTION 2. REGULAR MEETING AGENDA 2.01 Order of Business The business of the Council, at its regular meetings, shall be conducted in accordance with the following order unless (i) otherwise directed by the Mayor without express objection by any member of the City Council, or (ii) approved by a 2/3 vote of the City Council: A. Call to order B. City Council workshops (if any) C. Additions or deletions to closed session agenda (if any) D. Public comments on closed session items E. Closed session F. Invocation and Flag salute G. Presentations and Recognitions H. Recess for meetings of other agencies (if any) I. Reconvene City Council meeting J. Additions or deletions to the public agenda (if any) K. Public comments (except on public hearing items) L. Council communications M. City Manager Report N. Consent calendar O. Other departmental business P. Public hearings (if any) Q. Report on closed session actions (if required) R. Council communications S. Adjournment 3. RULES OF ORDER Except as may be otherwise required or provided by law, business shall be brought before the Council in accordance with the following rules of order. 3.01. Obtaining the Floor. Any member of the Council wishing to speak must first obtain the floor by being recognized by the Chair. The Chair must recognize any Council member who seeks the floor when appropriately entitled to do so. 3.02. Motions. The Mayor or any member of the Council may bring a matter of business before the Council by making a motion or offering a resolution or ordinance for adoption, as otherwise permitted by law. Before a motion can be considered or debated, it must be seconded. Resolutions and ordinances do not require a second. Once the motion has been properly made and seconded, or the resolution or ordinance offered for adoption, the Chair shall open the matter for debate offering the first opportunity to debate to the moving or offering Council member and, 3 thereafter, to any Council member properly recognized by the Chair. Once the matter has been fully debated and the Chair calls for a vote, no further debate will be allowed, provided, however, Council members shall be allowed to explain their votes. 3.03. Nominations and Elections. Appointments by the Council to fill vacancies on the City Council pursuant to Section 503 of the City Charter, appointments to boards and commissions, the election of the Mayor Pro Tempore, and the election of other officers are conducted by an election of the Council. Any Council member may make a nomination. Nominations do not require a second. Nominations shall be closed by a motion adopted by majority vote. Nominations are voted on in the order made. Voting on nominees shall be by roll call voice vote or by electronic display device. The person receiving the highest number of affirmative votes constituting at least a majority of the total membership of the City Council is elected. Abstentions shall not be counted as affirmative votes. 3.04. Voting If voting is by voice vote, the chair shall declare the result and note for the record all "aye" votes and all "no" votes. The Council may also vote by roll call vote or visual display. Regardless of the manner of voting, the results reflecting all "ayes" and "noes" must be clearly set forth for the record. .010 Failure of Action Due to Tie Vote A tie vote results in the failure of the motion, resolution or ordinance. Only those members present at the meeting are permitted to vote. Votes cast at previous meetings are not counted. Proxy voting is not permitted. .020 Procedure Following Tie Votes and Other Failed Actions. In the event of a tie vote upon any motion, resolution or ordinance, or in the event a motion, resolution or ordinance fails to receive the minimum number of affirmative votes legally required for adoption, and no other action is taken at the same meeting with regard to such subj ect matter, the following rules shall apply with regard thereto:. .01 If such failure of action is the result of the absence of one or more members who would otherwise have been legally qualified to vote on such matter and which vote(s) could have resulted in the adoption of the motion, resolution or ordinance, the matter shall be deemed automatically continued by operation of law to the next regular meeting for further consideration. .02 If such failure of action is the result of an abstention by one or more members (whether legally required or otherwise) upon any matter previously acted upon by a lower tribunal and which action of the lower tribunal would have become final but for an appeal to or review by the City Council, the decision of the lower tribunal, including all findings of fact and /or conditions of approval contained in such decision, shall be deemed reinstated and in full force and effect by operation of law as of the date of such failure of action. In all other instances, such failure of action shall be deemed a denial of the matter, request or application by operation of law. The term 'lower tribunal' as used herein shall mean the Planning Commission, Zoning Administrator or any other commission, board, official, hearing officer or employee of the City when making a decision which, by law, would be final in the absence of an appeal to or review by the City Council. M .03 Any action by operation of law pursuant to subparagraph .02 above shall be deemed a final decision for all purposes as of the date of the vote which results in such failure of action by the City Council (subject to any rehearing procedures otherwise available) except that any action pursuant to either subparagraph .01 or .02 above shall be subject to rescission or reconsideration in the time and manner set forth in these rules. 3.05 Abstentions. All Council Members present at a meeting when a question is called for a vote should vote for or against the question unless he /she has a reason to abstain from voting. A Councilmember shall abstain from participation and voting if he /she (1) has a conflict of interest, (2) is biased or prejudiced with regard to any person or issue involved in a quasi-judicial proceeding, (3) has predetermined any of the issues involved in a quasi - judicial proceeding, or (4) has not heard or reviewed all of the testimony presented in a quasi-judicial proceeding. 3.06 Matter Not on the Agenda. No action shall be taken on any matter not appearing on the posted agenda except as otherwise authorized by law. 3.07 Procedural Rules of Order. Once the main question is properly placed on the floor, several subsidiary or privileged motion maybe employed in addressing the main question. The term "main question" as used herein shall include any main motion properly made and seconded or any resolution or ordinance which has been offered for adoption and is properly on the floor. A motion is out of order while a higher ranking motion is on the floor. Motions are listed below in descending order of precedence. .010 Motions of Privilege, Order and Convenience The following actions by the Council are to insure orderly conduct of meeting and are for the convenience of the Mayor and Council members. These motions take precedence over any pending main question or subsidiary motion and are listed in descending order of precedence. .01 Adjourn. Any Council member may move to adjourn at anytime, even if there is business pending. The motion must be seconded to be considered and a majority vote is required for passage. The motion is not debatable. .02 Recess. Any Council member may move for a recess. The motion must be seconded to be considered and a majority vote is required for passage. The motion is not debatable. .03 Question of Privilege. Any Council member, at any time during the meeting, may make a request of the chair to accommodate the needs of the Council or his/her personal needs for such things as reducing noise, adjusting air conditioning, ventilation, lighting, etc., or in order to address comments made against a council member's character. If there is no objection, the request shall be granted. If there is an objection to the request by any Council member, a motion can be made to grant the request. In the event that a motion is made, a majority vote shall be required to grant the request. The Chair may order the removal of disorderly persons 5 from the meeting, or order the chambers cleared upon motion duly adopted by the City Council in accordance with the requirements of law (see Section 1.07 above). .04. Call for Orders of the DE. Any Council member may demand that the agenda be followed in the order stated therein. No second is required and the chair must comply unless the Council, by 2/3 vote, sets aside the orders of the day. .05 Appeal. Should any Council member be dissatisfied with a ruling from the Chair, he /she may move to appeal the ruling to the full Council. The motion must be seconded to put it before the Council. A majority vote in the negative or a tie vote sustains the ruling of the Chair. The motion is debatable and the Chair may participate in the debate. .06 Division of Question. Any Council member may move to divide the subject matter of a motion which is made up of several parts in order to vote separately on each part. The motion requires a second and a majority vote for passage. This motion may also be applied to complex ordinances or resolutions. The motion is not debatable. .07 Point of Order. Any Council member may require the Chair to enforce the rules of the Council by raising a point of order. The point of order shall be ruled upon by the Chair. The motion is not debatable. .08. Suspend the Rules. Any Council member may move to suspend the rules if necessary to accomplish a matter that would otherwise violate the rules. The motion requires a second and a 2/3 vote is required for passage. The motion is not debatable. .09 Rescind. Except for votes regarding matters which are quasi-judicial in nature or matters which require a noticed public hearing, the Council may rescind any prior action taken with reference to any legislative or administrative matter so long as the action to rescind complies with all the rules applicable to the initial adoption, including any special voting or notice requirements, or unless otherwise specified or prohibited by law. The motion is debatable. .10 Reconsider. Except for votes regarding matters which are quasi - judicial in nature or matters which require a noticed public hearing, the Council may reconsider any vote taken at the same meeting to correct inadvertent or precipitant errors, or consider new information not available at the time of the vote. The motion to reconsider must be made by a Council member who voted on the prevailing side, must be seconded and requires a majority vote 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 precedence over other pending matters and any special voting requirements related thereto still apply. Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again at the same meeting. The motion is debatable. rol .020 Subsidiary Motions Subsidiary motions take precedence over the main question, and, if properly made and seconded, must be disposed of before the main question can be acted upon. Even where the main question under consideration requires a super majority vote (e.g. 2/3 or 4/5) for adoption, a subsidiary motion, unless otherwise indicated herein, requires only a majority vote for adoption. The following motions are appropriate and may be made by the Mayor or any Council member at any appropriate time during the discussion of the main question (except while a motion of privilege, order or convenience is properly under consideration). Subsidiary motions are listed below in descending order of precedence. .01 Lay on the Table. Any Council member may move to lay the question under discussion on the table. This motion temporarily suspends any further discussion of the pending question without setting a time certain to resume debate. It must be moved and seconded and passed by a majority vote. In order to bring the question back before the Council, a member must move that the question be taken from the table, which motion must be seconded and passed by a majority vote. A motion to take from the table must be made at the same meeting at which the question was placed on the table otherwise the question that was tabled dies, although it can be raised as a new question at a subsequent meeting if properly placed on the meeting agenda. This motion cannot be made or adopted when the main question is a decision required by law within a time certain. This motion is not debatable. .02 Move Previous Question. Any Council member may move to immediately bring the question being debated by the Council to a vote, suspending any further debate. The motion must be made and seconded without interrupting one who already has the floor. A 2/3 vote is required for passage. This motion is not debatable. .03 Limit or Extend Limits of Debate. Subject to considerations of due process of law in quasi-judicial hearings, any Council member may move to put limits on the length of debate. The motion must be made and seconded and requires a 2/3 vote of the Council to pass. This motion is not debatable. .04 Postpone or Continue to a Time Certain. Any Council member may move to postpone or continue the pending question to a time certain. This motion continues the pending main question to a future date as determined by the Council at the time the motion is passed. The motion must be seconded to be considered and requires a majority vote for passage. This motion is debatable. .05 Refer to Committee or Commission. Any Council member may move that the question under consideration be referred to a committee, commission or board for further study. The motion must be seconded to be considered and requires a majority vote for passage. The motion may contain directions for the committee, commission or board as well as a date upon which the matter will be returned to the Council's agenda. If no date is set for returning the item to the Council agenda, any Council member may move, at any time, to require the item be returned to a future agenda or the City Clerk may place the matter upon a future agenda upon the request of the committee, commission or board to which the matter was referred. The motion must be seconded to be considered and a majority vote is required for passage if the item is to come back at a future date certain, or in the manner required by law if the item is to be immediately discussed by the Council at 7 the time the motion to return is adopted (see Section 3.06 above). This motion is debatable. .06 Amend. Any Council member may amend the main question or any amendment made to the main question. Before the main question may be acted upon, all amendments and amendments to amendments must first be acted upon. Not more than two amendments are permitted to the main question. Amendments to amendments to amendments are not permitted. A motion to amend must be seconded to be considered and requires a majority vote for passage. An amendment must be related to the main question or amendment to which it is directed. Any substitute motion, or any amendment which substitutes a new question rather than amending the existing question, is out of order and may be so declared by the chair. This motion is debatable. .07 Postpone Indefinitely. Unless a decision on the main question is required by law within a time certain, any Council member may move to postpone indefinitely the question on the floor, thus avoiding a direct vote on the pending question and suspending any further action on the matter. The question must be seconded to be considered and requires a majority vote for passage. Any question so postponed may be returned to a future agenda by the City staff or any Council member in the manner permitted or required by law. This motion is debatable. Section 4. PUBLIC HEARINGS Matters which are required to be heard at a noticed public hearing shall be conducted in the following manner unless otherwise required by law. 4.01 Time for Consideration. Matters noticed to be heard by the Council shall commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made. 4.02 Continuance of Hearings. Any hearing being held or noticed or ordered to be held by the Council at any meeting of the Council may, by order or notice of continuance, be continued or re- continued to any subsequent meeting in the manner provided herein for adjourned meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or notice of continuance was adopted or made. 4.03. Public Testimony at Hearings. .010 Order of Testimony When a matter comes before the Council for public hearing, the Chair shall first offer time for any staff presentation or reports and then open the public hearing. Upon opening the public hearing and before any motion is adopted related to the merits of the issue to be heard, the Chair shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present evidence respecting the matter. Any person desiring to speak or present evidence shall make his/her presence known to the Chair. Evidence and testimony shall be received in the following order: (1) project applicant or issue initiator, or his or her representative, (2) proponents, (3) opponents, (4) rebuttal by applicant or initiator. .020 Recognition by Chair Upon being recognized by the Chair, a person may speak or present evidence relevant to the matter being heard. No person may speak without first being recognized by the Chair. Members of the Council who wish to ask questions of the speakers, or of each other, during the public hearing portion may do so but only after first being recognized by the Chair. The Chair shall conduct the meeting in such a manner as to afford due process. .030 Written or Graphic Evidence All persons interested in the matter being heard by the Council shall be entitled to submit written evidence or remarks, as well as other printed or graphic evidence. A copy of all such evidence presented shall be retained by the City Clerk as part of the Clerk's record. City -owned electronic or audio - visual equipment, if available, is provided as a convenience to the public during public hearings. No person shall present any video, PowerpointTM, slides, or other electronic or audio - visual display requiring use of, or connection to, any City equipment unless the City Clerk is notified thereof not less than four hours in advance and such presentation is coordinated through the City Clerk. The City shall not be responsible for providing any equipment operators. The presenter assumes the risk of any malfunction, failure or other unavailability of City equipment or software during any public hearing. Due to possible malfunction, failure or unavailability of equipment or compatible software, the presenter must be prepared to provide any graphic evidence to the City Council in printed form prior to closure of the public hearing if the presenter desires such evidence to be considered. Inability of any person to present evidence by electronic or audio - visual means for any reason shall not be deemed the denial of a fair hearing by the City Council or adequate grounds for a rehearing on such matter. .040 Time Limits on Hearings Time limits may be established by the Council, limiting the duration of presentations as set forth in these rules. No person shall be permitted to speak about matters or present evidence not germane to the matter being considered. A determination of relevance shall be made by the Chair, but may be appealed as set forth in these rules. .050 Time Limits on Speakers The following time limits shall apply to those persons wishing to present testimony at a public hearing: 01 Quasi-judicial matters: (i) Project applicant or issue initiator, or his/her /its representative: twenty (20) minutes for the initial presentation and an additional ten (10 ) minutes for rebuttal following the presentation of testimony by other members of the public as set forth in subsection .010 above. (ii) Proponents and opponents residing within the noticed area of the property which is the subject of the hearing: ten (10) minutes; such speakers shall not be allowed to defer any portion of his/her time to another speaker. (iii) All other members of the public: three (3) minutes; such speakers shall not be allowed to defer any portion of his/her time to another speaker. D .02 Legislative matters: All members of the public shall have five (5) minutes; such speakers shall not be allowed to defer any portion of his/her time to another speaker. .03 Notwithstanding the foregoing, the Chair or a Majority of Council shall have discretion to extend the time limits set forth herein in order to ensure that all interested parties are afforded due process of law. .060 Consideration of Question by Council. After all members of the public desiring to speak upon the subject of the hearing have been given an opportunity to do so, the public hearing shall be closed by the Chair and the Council may consider what disposition they wish to make of the question or questions presented at the hearing. No member of the public shall be allowed, without consent of the Chair, to speak further on the question during this period of deliberation, although the Council members may ask questions of the speakers or of the staff if so desired. .070 Rules of Order. Conduct of any public hearing shall be subject to the Rules of Order set forth in this Resolution except to the extent such rules conflict with any provision of this Section 4 or with any other express requirement of law with regard to the conduct of such hearing. Section 5. GENERAL 5.01. Authority of the Chair. Subject to appeal, the Chair shall have the authority to prevent the misuse of the legitimate form of motion, or the abuse of privilege or renewing certain motions to obstruct the business of the Council by ruling such motions out of order. In so ruling, the chair shall be courteous and fair and should presume that the moving party is making the motion in good faith. 5.02. Conflict Between These Rules and Any Laws. In the event of any conflict between the rules, procedures and other provisions specified in this resolution and any law or other requirement applicable to the conduct of any particular business or proceeding before the Council, the provisions of any such law or other requirement shall supersede and take precedence over the conflicting provisions of this resolution. 5.03. Robert's Rules of Order as a Supplement. In the event the rules of order for the conduct of Council meetings set forth in this resolution are silent with respect to a specific procedure of order, reference shall be made to Robert's Rules of Order for guidance. 5.04 Failure to Comply With Rules. The rules, procedures and other provisions specified in this resolution shall be deemed directory and not mandatory. Failure of the Council to comply with any rule, procedure or other provision specified in this resolution shall not affect the validity of any action taken by the Council nor be a basis for contesting the validity of any such action. 10 BE IT FURTHER RESOLVED that Resolution No. 2013 -167 be, and the same is hereby, rescinded. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 4th day of March , 2014, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN:None CITY OF ANAHEIM MA OR OF THE CITY OF ANAHEIM ATTEST: , ) ,I— CITY CLERK OF THE CITY OF ANAHEIM 11