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88-405RESOLUTION NO. 88R-405 A RESOLUTION OF TtiE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING PROCEDURES AND RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS WHEREAS, the City Council of the City of Anaheim desires to adopt procedures and rules of order for the conduct of City Council meetings, business and proceedings. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim hereby adopts the following procedures and rules of order for the conduct of its meetings, business and proceedings. I MEETINGS A. Regular and Special ~leetings. The regular and special meetings o~ 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 Sections 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. B. 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. C. 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 Sections 54954.2 (a), 54956, and 54956.S of the Government Code of the State of California, or any successor provisions thereto. D. Cancellation. Any meeting of the Council may be cancelled in advance by a majority vote of the Council. The Mayor may cancel a meeting when a majority of members have confirmed in writing their unavailability to attend such meeting. E. 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 Councilmembers in attendance shall elect a temporary chairperson to preside at such meeting. The term "Mayor" as used herein shall mean the chairperson. F. Attendance and Participation By the Public. Except as specifically provided by law for closed sessions, all meetings of the Council shall be open and public. Ail persons desiring to attend shall be permitted to attend any 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. No resident or property owner within the City of Anaheim shall be denied the right to be heard by the Council. Unless otherwise waived by the City Council, the total amount of time allocated for public testimony on a particular issue shall not exceed ten (10) minutes and the amount of time for each individual speaker shall not exceed three (3) minutes provided, however, that said time limitations shall not apply to testimony given in any hearing required by law. G. Disruption of Meetings. The Council may order the removal from the Council Chambers of any individual or individuals who willfully disrupt or attempt to disrupt any meeting. 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 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. II ORDER OF BUSINESS The business of the Council, at its regular meetings, shall be conducted in accordance with the following order: I. CALL TO ORDER II. CLOSED SESSION III. INVOCATION/FLAG SALUTE IV. INTRODUCTION OF GUESTS/PRESENTATIONS V. APPROVAL OF MINUTES VI. REPORT OF FINANCIAL DEMANDS VII. CONSENT CALENDAR VIII. OTHER DEPARTMENTAL BUSINESS IX. ITEMS INITIATED BY THE PUBLIC/ORAL COMMUNICATIONS -2- ×. ZONING ADMINISTRATOR ITEMS XI. PLANNING COMMISSION ITEMS XII. ZONING AND LAND USE ORDINANCES XIII. COUNCIL COMMENTS XIV. PUBLIC HEARINGS XV. ADJOURNMENT II1 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. A. 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 Councilmember who seeks the floor when appropriately entitled to do so. B. 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 appropriate. 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 party and, thereafter, to any Councilmember properly recognized by the chair. Once the matter has been fully debated and the chair calls for a vote, no further debate will be altowed, provided, however, Councilmembers shall be allowed to explain their vote. C. Nominations and Elections. Appointments by the Council to boards and commissions, the election of the Mayor Pro Tempore, and tire election of other officers are conducted by an election of the Council. Any Councilmember 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. Unless a motion is adopted to elect by plurality, the person receiving the highest number of affirmative votes constituting at least a majority of those voting (excluding abstentions) is elected. D. 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. A tie vote results in the failure of the motion, -3- resolution or ordinance. Where a Council decision is required by law, a tie vote is neither an approval nor denial and the matter is still before the Council for action. If a tie vote is the result of a Councilmember's absence, the matter may be continued to a subsequent meeting for determination. Only those members present at the meeting are permitted to vote. Votes cast at previous meetings are not counted. Proxy voting is not permitted. E. Abstentions. Ali Councilmembers present at a meeting when a question comes up for a vote should vote for or against the measure unless he/she has a reason to abstain from voting. A Councilmember should abstain from participation and voting if he/she (1) has a legal conflict of interest, (2) is biased or prejudiced with regard to any person or issue involved in a quasi-judicial proceeding, (5) has predetermined any of the issues involved in a quasi-judicial proceeding, or (4) has not heard ail of the testimony presented in a quasi-judicial proceeding. F. Matter Not on the Agenda. No action shall be taken on any matter not appearing on the posted agenda unless by motion (1) a majority of the Councilmembers determine that an "emergency situation" exists as defined by state law, or (2) at least 2/3 of the total Councilmembers (or, if less than 2/5 of the total Councilmembers are present, the Councilmembers unanimously) determine that the need to take action arose subsequent to the posting of the agenda. G. Procedural Rules of Order. Once the main question is properly placed on the floor, several subsidiary or privileged motions 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 order of precedence. 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 supermajority 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 Councilmember at any appropriate time during the discussion of the main question. Motions are listed below in order of precedence. 1. Lay on the Table. Any Councilmember may move to lay the matter 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 matter back before the Council, a member -4- must move that the matter 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 it was placed on the table or at the next regular meeting of the Council. Otherwise the motion that was tabled dies, although it can be raised later as a new motion. This motion is not debatable. 2. Move Previous Question. Any Councilmember 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. 3. Limit or Extend Limits of Debate. Any Councilmember may move to put limits on the length of debate. The motion must be made and seconded and requires a 2/5 vote of the Council to pass. This motion is not debatable. 4. Postpone to a Time Certain. Any Councilmember may move to postpone 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 and requires a majority vote for passage. This motion is debatable. 5. Commit or Refer. Any Councilmember may move that the matter being discussed should be referred t'o a committee or commission for further study. The motion must be seconded and requires a majority vote for passage. The motion may contain directions for the committee or commission 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 Councilmember may move, at any time, to require the item be returned to the agenda. The motion must be seconded and a majority vote is required for passage if the item is to come back at a future date certain, or a 2/3 vote if the item is to be immediately discussed by the Council at the time the motion to return is adopted (see Paragraph III F above). This motion is debatable. 6. Amend. Any Councilmember 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 and requires a majority vote for passage. An amendment must be related to the main question or amendment to which it is directed. 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. -S- 7. Postpone Indefinitely. Any Councilmember 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 and requires a majority vote for passage. This motion is debatable. MOTIONS OF PRIVILEGE, ORDER AND CONVENIENCE The following actions by the Council are to insure orderly conduct of meetings and are for the convenience of the Mayor and Gouncilmembers. These motions take precedence over any pending main question or subsidiary motion and are listed in order of precedence. 1. Adjourn. Any Councilmember may move to adjourn at any time, even if there is business pending. The motion must be seconded and a majority vote is required for passage. The motion is not debatable. 2. Recess. Any Councilmember may move for a recess. The motion must be seconded and a majority vote is required for passage. The motion is not debatable. 3. Question of Privilege. Any Councilmember, 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. 4. Call for Orders of the Day. Any Councilmember may demand that the agenda be £ollowed 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. 5. Appeal. Should any Councilmember 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. 6. Division of question. Any Councilmember 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 ma7 also be applied to complex ordinances or resolutions. The motion is not debatable. 7. Point of Order. Any Councilmember 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. 8. Suspend the Rules. Any Councilmember may move to suspend the rules if necessary to accomplish a matter that would otherwise violate the rules. The motion requires a second arid a 2/3 vote is required for passage. The motion not debatable. 9. Rescind, Repeal or Annul. The Council may rescind, repeal or annul any prior action taken with reference to any legislative or administrative matter so long as the action to rescind, repeal or annul complies with ail the rules applicable to the initial adoption, including any special voting or notice requirements or unless otherwise specified 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, but no later than the same or next calendar day, 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 Councilmember 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. H. Authority of the Chair. Subject to appeal, the chair shall have the authority to prevent the misuse of the legitimate form of motions, 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. I. 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. 1. 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. -7- 2. 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 recontinued 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. 3. Public Discussion at Hearings. When a matter comes before the Council for public hearing, the Mayor 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 Mayor 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 Mayor. Evidence and testimony shall be received in the following order: (1) project applicant or issue initiator, or his or her representative, (2) proponents, (5) opponents, (4) rebuttal by applicant or initiator. Upon being recognized by the Mayor, a person may speak or present evidence relevant to the matter being heard. No persou may speak without first being recognized by the Mayor. 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 Mayor. The Mayor shall conduct the meeting in such a manner as to afford due process. Ali persons interested in the matter being heard by the Council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. Ali such evidence presented shall be retained by the City Clerk as part of the Clerk's record. 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 Mayor, but may be appealed as set forth in these rules. 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 ali parties a reasonable opportunity to present evidence and testimony germane to the proceeding and otherwise afford due process of law. -8- 4. Consideration of Question by Council. After ail 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 Mayor 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 Mayor, to speak further on the question during this period of deliberation, although the Councilmembers may ask questions of the speakers or of the staff if so desired. IV GENERAL A. 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. B. 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. City Council of the City of Anaheim  f November, 1988. iNAH--~ MAYOR ATTEST:~-~ CITY CLERK OF T%IE CITY OF ANAHEIM 3LW:lm 2796L -9- CLERK STATE OF CALIFORNIA ) COUNTY O~ ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-405 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 15th day of November, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 88R-405 on the 16th day of November, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of November, 1988. CIT~ ~fERK OF THE CITY (gEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-405 duly passed and adopted by the Anaheim City Council on November 15, 1988. CITY CLERK OF THE CITY OF ANAHEIM