2004-001RESOLUTION NO. 2004-1
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. 2002R-252 which amended and restated in their entirety the procedures and rules of
order for the conduct of City Council meetings, business and proceedings; and
WHEREAS, the City Council desires to further amend and restate said procedures
and rules as hereinafter set forth.
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 may be 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. Consent calendar
M. Other departmental business
N. Public hearings (if any)
O. Report on closed session actions (if required)
P. Council communications
Q. 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 mater 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,
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 subject 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.
.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 Councilmembers 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 may be 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 any time, 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.
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.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.
Disposition of the request is ruled on by the Chair. The Chair may order the removal of disorderly
persons 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 Day. 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.
.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
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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 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,
PowerpoinffM, 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 nor 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. Individuals testifying at the public hearing do not
have a right to unlimited time. The Council, either at the beginning of the hearing, or pursuant to
a motion to limit debate, may place time limits on speakers. If the public hearing involves a quasi-
judicial matter, any time limits shall be of sufficient duration to afford all parties a reasonable
opportunity to present evidence and testimony germane to the proceeding and otherwise afford 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 hav~ 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 an.y. such law or other requirement shall supersede and take precedence over the conflicting
prows~ons of this resolution.
5.03. 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.
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BE IT FURTHER RESOLVED that Resolution No. 2002R-252 be, and the same is
hereby, rescinded.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this __
AYES: Pringle, Tait,
NOES: None
ABSENT: None
ABSTAIN: None
13 day of January
McCracken, Chavez,
ATTEST:
,2004, by the following roll call vote:
Hernandez
MAYOR OF THIi~CITY'OF
ANAHEIM
47654.4
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