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94-038 RESOLUTION NO. 94R- 38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE PROCEDURES AND RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS AND RESCINDING RESOLUTIONS NOS. 88R-405 AND 89R-315 WHEREAS, the City Council of the City of Anaheim has heretofore adopted Resolution No. 88R-405, as amended by Resolution No. 89R-315, establishing procedures and rules of order for the conduct of City Council meetings, business and proceedings; and WHEREAS, the City Council desires to amend said procedures and rules as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim hereby amends said rules and procedures, in their entirety, in the manner hereinafter set forth. I MEETINGS A. 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 a 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. B. Emerqency Meetinqs. 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 Meetinq 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. D. 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. 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. The term "Councilmember" as used herein shall include the Mayor. F. 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 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 during any hearing required by law. G. Disruption of Meetinqs. The City Council, by duly adopted motion, 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, 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. II 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 pursuant to Paragraph III G (a) 4 hereof: A. CALL TO ORDER B. CITY COUNCIL WORKSHOPS (IF ANY) 2 C. CLOSED SESSION D. INVOCATION/FLAG SALUTE E. INTRODUCTION OF GUESTS/PRESENTATIONS F. REPORT OF FINANCIAL DEMANDS G. RECESS (FOR MEETINGS OF OTHER AGENCIES) H. CONSENT CALENDAR I. OTHER DEPARTMENTAL BUSINESS J. ZONING ADMINISTRATOR ITEMS K. PLANNING COMMISSION ITEMS L. ZONING AND LAND USE ORDINANCES M. ITEMS INITIATED BY THE PUBLIC/ORAL COMMUNICATIONS N. COUNCIL COMMENTS O. REPORT ON CLOSED SESSION ACTIONS P. PUBLIC HEARINGS Q. ADJOURNMENT III 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. Obtaininq 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 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 party and, thereafter, to any 3 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 allowed, provided, however, Councilmembers shall be allowed to explain their votes. C. Nominations and Elections. Appointments by the Council 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 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 present and 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, 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. Only those members present at the meeting are permitted to vote. Votes cast at previous meetings are not counted. Proxy voting is not permitted. In the event of a tie vote upon any motion, resolution or ordinance, or in the event a motion, resolution or ordinance receives more affirmative then negative votes but fails to receive the minimum number of affirmative votes legally required for adoption, the following rules shall apply with regard thereto: 1. 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. 2. If such failure of action is the result of an abstention by one or more members (whether legally required or otherwise), such matter shall be deemed denied by operation of law without further action; provided, however, that if such abstention(s) was (were) required pursuant to the Political 4 Reform Act of the State of California (Government Code Section 81000 et seq.) or other applicable law, one or more of the abstaining members shall be legally entitled to vote on such matter to the extent permitted by applicable law. 3. Any action by operation of law pursuant to subparagraph 2 above shall be deemed a final decision of the City Council for all purposes (subject to any rehearing procedures otherwise available) except that any action pursuant to either subparagraph 1 or 2 above shall be subject to rescission or reconsideration in the time and manner set forth in these rules. E. 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 all of the testimony presented in a quasi-judicial proceeding. F. Matter Not on the Aqenda. No action shall be taken on any matter not appearing on the posted agenda except as otherwise authorized by law. G. 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. (a) 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 Councilmembers. These motions take precedence over any pending main question or subsidiary motion and are listed in descending 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. 5 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. 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 Paragraph I G above). 4. Call for Orders of the Day. Any councilmember 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. 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 may 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 and a 2/3 vote is required for passage. The motion is not debatable. 9. 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. 6 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. (b) 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 Councilmember 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. 1. Lay on the Table. Any Councilmember 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 or at the next regular meeting of the Council. Otherwise the question that was tabled dies, although it can be raised later as a new question. 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. 2. Move Previous Question. Any Councilmember may move to immediately bring the question being debated by the Council to a 7 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. Subject to considerations of due process of law in quasi-judicial hearings, any Councilmember 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. 4. PostDone or Continue to a Time Certain. Any Councilmember 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 and requires a majority vote for passage. This motion is debatable. 5. Refer to Committee or Commission. Any Councilmember may move that the question under consideration be referred to a committee or commission (or board) 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 or the City Clerk may place the matter upon a future agenda upon the request of the committee or commission (or board) to which the matter was referred. 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 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 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 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. 7. Postpone Indefinitely. Unless a decision on the main question is required by law within a time certain, any Councilmember may move to postpone indefinitely the question on the floor, thus avoiding a direct vote on the pending question 8 and suspending any further action on the matter. The question must be seconded and requires a majority vote for passage. Any question so postponed may be returned to a future agenda by the City staff or any Councilmember in the manner permitted or required by law. This motion is debatable. IV 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. A. 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. B. Continuance of Hearinqs. 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. C. Public Discussion at Hearings. All testimony received during any public hearing shall be upon oath or affirmation administered by the City Clerk. 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. 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 9 process. All 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. All 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 Chair, 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 all parties a reasonable opportunity to present evidence and testimony germane to the proceeding and otherwise afford due process of law. D. 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 Councilmembers may ask questions of the speakers or of the staff if so desired. E. 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 Paragraph IV or with any other express requirement of law with regard to the conduct of such hearing. V GENERAL A. 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. 10 B. 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. C. Failure to ComDlv 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. BE IT FURTHER RESOLVED that Resolutions Nos. 88R-405 and 89R-315 be, and the same are hereby, rescinded. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 22nd day of March , 1994. MAY~DR OF THE CITY OF AN~EIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW: lm 6016.1\J~JHITE\March 15, 1994 11 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 94R-38 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 22nd day of March, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-38 on the 23rd day of March, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of March, 1994. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 94R-38 was duly passed and adopted by the City Council of the City of Anaheim on March 22, 1994. CITY CLERK OF THE CITY OF ANAHEIM