HomeMy WebLinkAbout06-12-2014 Council Agenda Special Meeting Notice 8:30 AM SupplementR f CTIVED
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Agenda ltem: Special Meeting
Date: 6ltzlt4
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Supplemental lnformation Packet
Agenda Related ltems - Special Mtg
Supplemental Packet Date: June LL,2OL4
Item(sl
RESOLUTION TO AMEND THE RULES OF PROCEDURE FOR THE CITY COUNCIL
BY ADOPTING A TWO MINUTE TIME LIMIT FOR SPEAKERS ON THE CONSENT
CALENDAR, DISCUSSION CALENDAR ITEMS, AND MATTERS NOT ON THE
AGENDA, AND A TOTAL TIME LIMIT OF EIGHT MINUTES PER DAY FOR EACH
INDIVIDUAL SPEAKER
Supplemental lnformation:
Any agenda related public documents received and distributed to a majority of the City Councilafterthe
Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as
needed. The Supplemental Packet is available for public inspection in the City Clerk's Office, 2600
Fresno Street, during normal business hours (main location pursuant to the Brown Act, G.C. 54957.5(21.
ln addition, Supplemental Packets are available for public review at the City Council meeting in the City
Council Chambers, 2600 Fresno Street. Supplemental Packets are also available on-line on the City
Clerk's website.
Americans with Disabilities Act (ADA):
The meeting room is accessible to the physically disabled, and the services of a translator can be
made available. Requests for additional accommodations for the disabled, sign language interpreters,
assistive listening devices, or translators should be made one week prior to the meeting. Please call
City Clerk's Office aL 62L-765O. Please keep the doorways, aisles and wheelchair seating areas open
and accessible. lf you need assistance with seating because of a disability, please see Security.
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, TO AMEND THE RULES OF
PROCEDURE FOR THE CITY COUNCIL BY ADOPTING A
TWO MINUTE TIME LIMIT FOR SPEAKERS ON THE
CONSENT CALENDAR, DISCUSSION CALENDAR ITEMS,
AND MATTERS NOT ON THE AGENDA, AND A TOTAL
TIME LIMIT OF EIGHT MINUTES PER DAY FOR EACH
INDIVIDUAL SPEAKER
WHEREAS, on May 9, 2013, Council adopted the Rules of Procedure of the City
Council in Resolution No. 2013-65, to establish rules for the conduct of its proceedings;
and
WHEREAS, Council desires to amend the Rules of Procedure, to adopt a two
minute time limit for each speaker wishing to address the Council on the Consent
Calendar, items for discussion on the Agenda, and on matters not on the Council
Agenda; and
WHEREAS, Council also desires to set a total amount of time limit of eight
minutes per day, for each individual speaker when addressing the Council at a meeting;
and
WHEREAS, the time limits are in the interests of the Council's conduct of
business of the City.
NOW, THEREFORE, BE lT RESOLVED by the Council of the City of Fresno as
follows:
SECTION 1. This resolution is adopted, amending Rule No. 10 of the Rules of
Procedure of the City Council, as set forth in the attachment.
SECTION 2. The Rules of Procedure, as revised, in Attachment A, shall be the
Rules of Procedure of the City Council.
SECTION 3. The procedures are in addition to, and not in place of, applicable
ordinances and statutes. ln the event of conflict between any part of this resolution and
applicable ordinances and statutes, the latter shall govern.
ilt
Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval:
1of2
Resolution No.
SECTION 4, This resolution shall become effective and in full force upon final
passage.
CLERK CERTIFICATION
STATE OF CALTFORNTA )
COUNTY OF FRESNO ) ss.
crTY oF FRESNO )
l, WONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held
on the day of
AYES :NOES :
ABSENT :
ABSTAIN :
,2014.
Mayor Approval:
Mayor Approval/No Return:
Mayor Veto:
Council Override Vote:
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY:
Tei Yukimoto [Date]
Assistant City Attorney
Attachments: Rule No. 10 as Amended
Rules of Procedures as Revised
TY:elb [65022elbity] Reso. 061114
WONNE SPENCE, CMC
City Clerk
BY:
2014
2014
2014
2014
Deputy
2of2
a.
b.
c.
RULE NO. 10
PUBLIC COMMENT
Citizens have the right to present grievances or offer suggestions for the
betterment of municipal affairs at any regular meeting of the Council.l
At any special meeting of the Council, the public has a right to speak on any item
listed on the Council Special Meeting Agenda within the time limits described
below. The public shall not have the right to address the Council on matters not
listed on the Council Special Meeting Agenda.
The public has a right at every regular meeting to provide oral testimony in
accordance with the Brown Act and Charter Section 506, subject only to the
following:
1. Action ltems.
(a) Each speaker shall limit his/her remarks on any action item listed
on a Council Agenda to threeltwol minutes (hereinafter "public
comment period").2 Workshops are placed on the agenda as "non-
action items" and do not require a specific public comment period
prior to or during Council's consideration of the Workshop.
(b) The public comment period may be extended by the Presiding
Offícer subject to a vote of the majority of Councilmembers present.
(c) ln situations where more than 20 people wish to speak on an item,
the Presiding Officer, subject to a vote of the majority of
Councilmembers present, may place reasonable limits on the public
comment period, including a specific time limit for the total
presentation. Such time limits shall allow for full discussion of the
item by interested parties or their representative(s). The purpose of
this limitation is to ensure the Council can address its agenda and
avoid repetitious presentations.
2. Consent Calendar.
(a) ltems on the Consent Calendar are considered routine, not
controversial, and are treated as one agenda item. Public
comment on the Consent Calendar shall be limited to three[two']
minutes per speaker, and comments shall be limited to discussion
of those items on the Consent Calendar.
1 Charter S 506.
'Fresno Municipal Code $ 2-912.
(b)A Councilmember may remove ("pull") a specific item from the
Consent Calendar for separate discussion. Councilmembers may
also record a "rìo" vote or abstention as to one more items on the
Consent Calendar in advance of the vote. Council may then enact
the Consent Calendar by one motion.
Items removed for separate discussion by a Councilmembers will
be heard under "Contested Consent," where members of the public
shall be afforded to
be heard on those items.
3.Scheduled and Unscheduled Communications.
A member of the public may address the Council on any item of
interest within the subject matter jurisdiction of the Council, under
Scheduled or Unscheduled Communications. Public comment
shall be limited to three[two] minutes. The Presiding Officer or
Council may limit the total testimony under this section of the
agenda to one hour. Councilmembers may ask follow up questions
of any speaker and make brief comments at that time.
Scheduled Communications are provided as a courtesy and matterof convenience to the public. Requests for Scheduled
Communications are to be submitted to the City Clerk at least
10 days in advance on the form provided by the City Clerk's office.
To maintain orderly conduct of Council meetings, a speaker may
address the Council under either Scheduled or Unscheduled
Communications, but not both. The Council President, in
consultation with the City Attorney, may deny a request for a
Scheduled Communication, if the communication has become
repetitive.
Council may not take action on Scheduled and Unscheduled
Communications except to place the matter on a future agenda.
(a)
(c)
(c)
(b)
d.
e Council's conduct of the business of the
ddress the Council is
eiqht mi nutes_per dav.l
Speakers shall confine their remarks to those which are relevant to the subject
under consideration and are encouraged to present new evidence and points of
view not previously considered, to avoid repetition of statements made by
previous speakers.
Each person addressing the Council shall step up to the microphone, give his/here.
name and address the Council in an audible tone of voice for the record.s
f . ln addition to oral testimony, any person may petition the Council. Petitions and
other matters shall be in writing, signed by the petitioners or persons presenting
them. All petitions shall be made part of the official records kept by the City
Clerk.
g. Consistent with the Americans with Disabilities Act, alternative methods of
addressing the Council shall be allowed for persons with disabilities.4
'Fresno Municipal Code $ 2-312.
o Fresno Municipal Code $ 2-312.
RULES OF PROCEDURE
FOR THE GITY GOUNCIL
OF THE
CITY OF FRESNO
June _,2014*
Resolution No.2013-65
Amended Resolution No. 2014-
TABLE OF CONTENTS
Page Nos.
RULE NO. 1
Effect of Rules... .....................1
RULE NO. 2
Election of Council President and Acting President ...............1
RULE NO. 3
Duties of Council President and Acting President. .................2
RULE NO. 4
Council President to Serve as Presiding Officer ....................2
RULE NO. 5Meetings .........3
RULE NO. 6
Council Agenda... ...................4
RULE NO. 7
Order of Business.............. ....................5
RULE NO. 8
Voting Process... ....................6
RULE NO. 9
Quorum, Majority Votes, and Supermajority Votes ................6
RULE NO. IO
Public Comment .....................7
RULE NO. II
Written Correspondence ........9
RULE NO. 12
Order and Decorum ......... ........... ,. 1 0
RULE NO. 13
Disclosure of Conflict of lnterest ..........11
RULE NO. 14Motions ................12
RULE NO. 15Reconsideratíon ...................13
RULE NO. 16
Public Hearings.. ..................14
RULE NO. 17
Quasi-Judicial Hearings and lndividual Contacts ................. 15
RULE NO. 18Continuances.......... ................ 15
RULE NO. 19
Priority of Business .............. ................15
RULE NO. 20
Councilmember Reports and Comments......... ....16
RULE NO. 2I
Closed Sessions ..................16
RULE NO. 22
Questions of Order and Appeals to Rulings of Chair ...........17
RULE NO. 23
Boards, Commissions, and Committees of the Council .......18
RULE NO. 24
Mayoral Committee Appointments......... ..............18
RULE NO. 25
Council Appointments of Councilmembers to Committees ......... ......... 19
RULE NO. 26
News Media .........19
RULE NO. 27
Access to the Dais........ .......20
RULES OF PROCEDURE FOR
THE CITY COUNCIL OF THE CITY OF FRESNO
RULE NO. 1
EFFECT OF RULES
These Rules of Procedure shall govern the conduct of all Fresno City Council
meetings and related board meetings. Unless superseded or prohibited by state
or city law, these Rules may be suspended by the affirmative vote of two-thirds of
the entire membership of the Council. The suspension shall be in effect for the
duration of one meeting only.
To the extent a matter is not covered by these Rules, the rules of parliamentary
procedure of the Council shall be governed by the Rosenberg's Rules of Order,
but if not addressed therein, by Robefts Rules of Order, Newly Revised. lt is
understood that neither may violate mandatory Charter, the Fresno Municipal
Code ("FMC"), or statutory provisions that may govern a particular matter.
lf any rule contained herein is in conflict with the provisions of the Charter or
FMC, such rule shall be deemed invalid or modified to conform to the Charter or
FMC. Such invalidity shall not affect other rules contained herein which can be
given effect without the invalid rule, and to this end these rules are severable.l
RULE NO. 2
ELECTION OF COUNCIL PRESIDENT AND ACTING PRESIDENT
The officers of the Council shall consist of the President of the Council (Council
President) and Acting President. A Councilmember must have served on the
Council for at least one year to be eligible to serve as Council President. Each
year at the first meeting in January, the Council shall select a Council President
and Acting President on a rotational basis.
The Councilmember who served as Acting President the previous year shall
serve as Council President. The Councilmember whose District Number
immediately follows that of the Council President, by increasing numerical order,
shall serve as Acting President.
Whenever the office of Council President or Acting President rotates to a
Councilmember who is not eligible to hold office or who desires not to serve, the
office shall rotate to the next eligible Councilmember by Council District, in
increasing numerical order. Any vacancy in office shall also be filled in the same
b.
c.
a.
b.
c.
' Fresno Municipal Code g 2-318.
fashion, by rotating the office to the next eligible Councilmember by Council
District, in íncreasing numerical order.
RULE NO. 3
DUTIES OF COUNCIL PRESIDENT AND ACTING PRESIDENT
a. ln addition to serving as Presiding Officer at Council meetings, it shall be the duty
of the Council President:
1. To sign all instruments requiring execution or agreement by the Council.2. To serve as the chief spokesperson and representative for the Council for
matters before the public, the state and federal governments, and the City
Administration.3. To develop an Annual Calendar of events to include, but not restricted to
Council meetings, recesses, special meetings, holidays, etc.4. To delegate by administrative directive any of the duties assigned to the
Council President.5. To assist in preparing the Council meeting agenda.
b. lt shall be the duty of the Acting President:
1. To serve with the Council President as spokesperson and representative
for the Council.2. To assist the Council President in anticipating issues and problems
deserving or in need of special meetings.3. ln the absence of the Council President, the Acting President shall
exercise the duties and powers of the Council President.
RULE NO.4
COUNCIL PRESIDENT TO SERVE AS PRESIDING OFFICER
a. The Council President shall be the Presiding Officer of the Council. ln the
absence of the Council President, the Acting President shall preside over the
Council. ln the absence of the Acting President, the City Clerk shall preside over
the election of a temporary chair, who will preside until the return of one of the
regular officers.
b. lt shall be the duty of the Presiding Officer:
1. To open all meetings of the Council at the appointed hour by taking the
chair and calling the Council to order.2. To call for the approval of the minutes.3. To maintain order and proper decorum.
4. To announce the business before the Council in the order prescribed by
these rules.5. To receive and submit all matters properly brought before the Council, to
call for votes upon the same, and to announce the results.6. To make known all Rules of Procedure when so requested, and to decide
all questions of order, subject to an appeal of the Council.7. To preside at all closed sessions of the Council.8. To perform such other duties as may be required by law or as may pertain
to such office.
RULE NO.5
MEETINGS
a. Regular meetings of the Council will be held each Thursday at 8:30 a.m. in the
Council Chambers of City Hall. The time, date, or place of a regular meeting may
be altered as published in the CouncilAgenda.
b. Each year, at the second regular meeting in January, Council shall adopt its
annual calendar of regular meetings. The calendar may be amended by Council
minute resolution.
c. Special meetings of the Council may be called at any time by the Council
President or, in his/her absence, by the Acting President. A special meeting may
also be called by four members of the Council. A minimum of twenty-four hours
notice of any special meeting shall be given in accordance with the Ralph M.
Brown Act ("Brown Act").2
d. All meetings of Council shall be held in open session unless expressly authorized
as closed sessions under the Brown Act.3
e. Emergency meetings may be held upon a finding by a majority vote of the
Council that an emergency situation exists due to work stoppage, a crippling
disaster, or other activity that severely impairs public health or safety. Council
may convene emergency meetings without complying with the twenty-four hour
notice and posting requirement for special meetings provided that City complies
with all provisions of the Brown Acf and other applicable law.
'Government Code SS 54956. Fresno Municipal Code $ 2-302.
t Government Code SS 54954.5. Fresno Municipal Code $ 2-308.
o Government Code S 54956.5.
c.
d.
a.
b.
h.
J
RULE NO. 6
COUNCIL AGENDA
The Councilmembers, Mayor, City Manager, City Clerk, and City Attorney may
place items on a CouncilAgenda, as provided herein.
All proposed resolutions, ordinances, and contracts shall be approved as to form
by the City Attorney's Office prior to placement on the Council Agenda.
Each Councilmember shall place no more than two items on the Agenda.
Consent items and proclamations are excepted from this rule.
The general rule is to limit timed items to public hearings as defined in Rule 16.
Any requests for a timed item shall be submitted to the City Clerk by 2:00 p.m. of
the fifth business day prior to the Council meeting. This will allow for approval by
the Council President per Rule 69. Timed items may also be set at a Council
meeting.s
All reports, communications, ordinances, resolutions, contracts, and other
matters to be submitted to the Council shall be delivered to the City Clerk prior to
2:00 p.m. of the fifth business day prior to the Council meeting.
The City Clerk shall immediately arrange a list of such matters according to the
order of business as determined by these rules.
The Council President, City Clerk, City Manager, and City Attorney shall meet
prior to the printing of the final agenda to ensure the agenda is not overly
congested and that agenda items are appropriately worded to meet Brown Act
requirements. All final decisions on matters regarding the agenda shall reside
with the Council President. City Clerk shall notify affected Councilmembers or
departments of any changes prior to the issuance of the final agenda.
The City Clerk shall furnish each member of the Council, the Mayor, the City
Manager, the City Attorney, and department directors with a copy of the agenda
prior to the Council meeting as far in advance of the meeting as time permits.
No item shall be placed on the Council Agenda except in accordance with the
Brown Act,6 the Fresno Municipal Code, and these Rules.
The City Clerk shall post and prepare the Agenda in accordance with the
Brown Act.7
s Fresno Municipal Code $ 2-303(a).
t Government Code 554950 et seq.
7 Government Code SS 54950 CþCq., as amended. Fresno Municipal Code $ 2-303(b).
ô
f.
g.
RULE NO. 7
ORDER OF BUSINESS
a. The general order of business will be as follows, unless the Council President
determines that the order for a particular meeting or item needs to be modified:
1. Roll Call2. lnvocation3. Flag Salute4. Awards, proclamations, and honorary resolutions5. Approval of Minutes6. Councilmember Reports and Comments7. Announcement of removal of items by the originating party
or requests to continue itemsL Approval of Agenda9. Consent Calendar
10. Contested Consent ltems
11. Timed Hearings and Matters
12. General Administration ltems
13. Councilmember ltems
14. Closed Session
15. Closed Session Announcements
16. Joint Meetings with other agencies
17. Public Comment Period (not timed)a. Scheduledb. Unscheduled
18. Adjournment
b. The Public Comment Period includes Scheduled and Unscheduled
Communications. A speaker may request a timed item under Scheduled
Communications which will be set under Rule 10.
c. Council will generally recess from 12 noon to 1:30 p.m. for lunch.
d. A workshop may be placed on the Agenda from time to time, for informational
purposes only. During a workshop, public comment is generally not permitted,
subject to the discretion of the Presiding Officer or Council majority to open the
matter to public comment. Council may also invite one or more speakers to
address the item, with or without time limits.
e. Timed items will generally be heard at or later than the time stated on the
Agenda. Untimed items may be called by the Presiding Officer at any time during
the meeting.
é1.
b.
c.
d.
RULE NO. 8
VOTING PROCESS
Every vote taken by the Council in open session shall be by open ballot.
There shall be four methods of counting the votes of the Council: by electronic
vote; by a call of the roll of the members and a record made by the City Clerk of
the vote of each member; by a voice vote; or by unanimous consent.
The Presiding Officer shall determine the method for voting unless requested
othenivise by a member of Council or overruled by a majority of the Council.
Unless a present Councilmember states that he or she is not voting, silence shall
be recorded as an affirmative vote.8
The City Clerk shall record each vote and each abstention in the Minute Book
and announce the result to the Council.
Whenever the yes and no votes are called, a Councilmember shall not be
permitted to explain a vote or an abstention without the unanimous consent of
the Council. After the announcement of the result, a Councilmember shall not be
permitted to vote or to change a vote or an abstention, except as provided in
paragraph (g) below or in the case of a motion to reconsider as set forth in Rule
15.
Unless any Councilmember calls for separate votes in advance, any item on the
Agenda with related sub-pads shall be treated as one agenda item and voted on
in one motion. Notwithstanding FMC S 2-310(e) and Rule No. 15, if the item and
sub-parts receive sufficient votes for approval of some, but not all sub-parts, at
the immediate request of any Councilmember, the first vote shall be nullified and
Council shall then immediately, without discussion, vote on each item separately.
RULE NO. 9
QUORUM, MAJORITY VOTES. AND SUPERMAJORITY VOTES
A majority of the entire membership of the Council shall constitute a quorum.
A vote of the majority of the quorum shall be sufficient to take action except
where the Charter, FMC, or other applicable law requires a greater vote.
An Ordinance must receive at least four affirmative votes for adoption.
f
g.
a.
b.
t Fresno Municipal Code g 2-313.
d. Matters requiring a supermajority vote (at least five affirmative votes) shall be
identified as such on the Agenda, and shall include, but are not limited to:
1. Adoption of an emergency ordinance necessary for preserving the public
peace, health or safety, that contains a statement of reasons for the
urgency, may be introduced, adopted, and take effect on the same date.s
2. Adoption of a resolution of necessity for a proposed taking of property by
power of eminent domain.lo
3. Award of contract without competitive bidding if deemed by the Council to
be of urgent necessity for the preservation of life, health or property and if
such award is made by resolution declaring such facts.
4. Adoption of an appropriation amendment to the City Budget.ll
5. Council override vote of a Mayoral veto.t'
RULE NO. 10
PUBLIC COMMENT
Citizens have the right to present grievances or offer suggestions for the
betterment of municipal affairs at any regular meeting of the Council.13
At any special meeting of the Council, the public has a right to speak on any item
listed on the Council Special Meeting Agenda within the time limits described
below. The public shall not have the right to address the Council on matters not
listed on the Council Special Meeting Agenda.
The public has a right at every regular meeting to provide oral testimony in
accordance with the Brown Act and Charter Section 506, subject only to the
following:
1.Action ltems.
Each speaker shall limit his/her remarks on any action item listed
on a Council Agenda to two minutes (hereinafter "public comment
t Charter S 603.
to civit code g 1245.240.
" Charter S 1206.
t'Charter S 609.
" Charter S 506.
a.
b.
c.
(a)
(b)
(c)
period").14 Workshops are placed on the agenda as "non-action
items" and do not require a specific public comment period prior to
or during Council's consideration of the Workshop.
The public comment period may be extended by the Presiding
Officer subject to a vote of the majority of Councilmembers present.
ln situations where more than 20 people wish to speak on an item,
the Presiding Officer, subject to a vote of the majority of
Councilmembers present, may place reasonable limits on the public
comment period, including a specific time limit for the total
presentation. Such time limits shall allow for full discussion of the
item by interested parties or their representative(s). The purpose of
this limitation is to ensure the Council can address its agenda and
avoid repetitious presentations.
2.Consent Calendar.
(a)Items on the Consent Calendar are considered routine, not
controversial, and are treated as one agenda item. Public
comment on the Consent Calendar shall be limited to two minutes
per speaker, and comments shall be limited to discussion of those
items on the Consent Calendar.
A Cciuncilmember may remove ("pull") a specific item from the
Consent Calendar for separate discussion. Councilmembers may
also record a "rìo" vote or abstention as to one more items on the
Consent Calendar in advance of the vote. Council may then enact
the Consent Calendar by one motion.
Items removed for separate discussion by a Councilmembers will
be heard under "Contested Consent," where members of the public
shall be afforded up to two minutes per speaker to be heard on
those items.
Scheduled and Unscheduled Communications.
(a) A member of the public may address the Council on any item of
interest within the subject matter jurisdiction of the Council, under
Scheduled or Unscheduled Communications. Public comment
shall be limited to two minutes, The Presiding Officer or Council
may limit the total testimony under this section of the agenda to one
hour. Councilmembers may ask follow up questions of any speaker
and make brief comments at that time.
(b)
(c)
3.
to Fresno MunicipalCode g 2-912.
d.
e.
(b) Scheduled Communications are provided as a courtesy and matterof convenience to the public. Requests for Scheduled
Communications are to be submitted to the City Clerk at least
10 days in advance on the form provided by the City Clerk's office.
To maintain orderly conduct of Council meetings, a speaker may
address the Council under either Scheduled or Unscheduled
Communications, but not both. The Council President, in
consultation with the City Attorney, may deny a request for a
Scheduled Communication, if the communication has become
repetitive.
(c) Council may not take action on Scheduled and Unscheduled
Communications except to place the matter on a future agenda.
4. ln the interest of facilitating the Council's conduct of the business of the
City, the total amount of time any one individual speaker may address the
Council is eight minutes per day.
Speakers shall confine their remarks to those which are relevant to the subject
under consideration and are encouraged to present new evidence and points of
view not previously considered, to avoid repetition of statements made by
previous speakers.
Each person addressing the Council shall step up to the microphone, give his/her
name and address the Council in an audible tone of voice for the record.'u
ln addition to oral testimony, any person may petition the Council. Petitions and
other matters shall be in writing, signed by the petitioners or persons presenting
them. All petitions shall be made part of the official records kept by the City
Clerk.
Consistent with the Americans with Disabilities Act, alternative methods of
addressing the Council shall be allowed for persons with disabilities.lo
RULE NO. 1 I
WRITTEN CORRESPONDENCE
a. Any written communication relating to a matter pending, or to be brought before
the Council shall, whenever possible, be included in the agenda packet for the
meeting at which such item is to be considered. lf received after the delivery of
the agenda packet, it shall be distributed to Council as soon as practicable after
'u Fresno Municipal Code $ 2-312.
" Fresno Municipal Code g 2-312.
g.
b.
receipt. The City Clerk shall also have copies available for requests by members
of the public.
Letters of appeal from administrative or commission decisions shall be processed
under applicable provisions of the FMC or other applicable laws.
Unless othenruise required by law to be accepted by the City at or prior to a
Council meeting or hearing, no documents shall be accepted for Council review
unless they are submitted to the City Clerk at least 24 hours prior to the Council
Agenda item being heard. Nonetheless, the Presiding Officer shall retain
discretion to accept additional documents at or prior to the time the Council
Agenda item is to be heard, subject to Rule 4.b.6. The City Clerk shall note on
the Council Agenda, the 24 hour requirement for submitting documents to
Council.
RULE NO. 12
ORDER AND DECORUM
While the Council is in session, the Councilmembers must preserve order and
decorum. A Councilmember shall neither by conversation or othenryise, delay or
interrupt the proceedings or the peace of the Council nor disturb any
Councilmember while speaking or refuse to obey the orders of the Council or its
Presiding Officer, except as otherwise herein provided.lT
A Councilmember or other person properly before the Council shall address the
Presiding Officer, be recognized before proceeding, and confine remarks to the
question under discussion.ls
lf a Councilmember or other person, in speaking or othenruise, transgresses
these rules, the Presiding Officer or any Councilmember may raise a question of
order. The Presiding Officer shall then decide the question of order without
debate, subject to an appeal to the Council. ln addition, the Presiding Officer
may call for the sense of the Council on any question of order.
Whenever any person is called to order while speaking, such person shall be in
possession of the floor after the question of order is decided, and may proceed
with the matter under the discussion within the ruling made on the question of
order.
e. No person, except authorized City officials and their representatives, may be
permitted beyond the podium in the Council Chambers without the express
17 Fresno Municipal Code $ 231a@).
tu Fresno MunicipalCode g 2-312.
a.
b.
c.
d.
10
f.
consent of the Council.le
Any person who willfully engages in conduct which is designed to or is likely to
provoke others to violent or riotous behavior, disturbs the peace of the meeting
by loud and unreasonable noise, engages in other disruptive conduct which
substantially interferes with the orderly conduct of business before the Council,
and who fails, upon request of the Presiding Officer to cease such activity, shall
be forthwith barred from further attendance at such meeting unless permission to
remain and/or address the Council is granted by a majority vote of the Council. A
person violating this subsection shall be guilty of a misdemeanor.2o
The Chief of Police, or such member(s) of the Police Department as he/she may
designate, shall be sergeant-at-arms of the Council meetings, and shall be in
attendance when requested by the Presiding Officer. The sergeant-at-arms shall
carry out all orders and instructions given by the Presiding Officer for the purpose
of maintaining order and decorum at the Council meeting. Upon instructions of
the Presiding Officer, the sergeant-at-arms may place any person who engages
in conduct in violation of this Rule, under arrest, and cause him/her to be
prosecuted under the provisions of this Rule and the Fresno Municipal Code, the
complaint to be signed by the Presiding Officer.zl
RULE NO. 13
DISCLOSURE OF CONFLICT OF INTEREST
The Political Reform Act prohibits any public official from making, participating in
making, or in any way attempting to use his/her official position to influence a
governmental decision in which the public official knows or has reason to know
he or she has a financial interest.22
A public official who holds an office specified in Government Code Section
87200, and who has a disqualifying fínancial interest in a decision, shall identify
the conflict of interest or potential conflict of interest, and immediately prior to the
consideration of the matter, do all of the following:
1. Publicly identify the financial interest that gives rise to the conflict of
interest or potential conflict of interest in detail sufficient to be understood
by the public.
2. Recuse himself/herself from discussing and voting on the matter, or
othenruise acting in violation of Government Code Section 87100.
g
a.
b.
tt Fresno Municipal Code g 2-315.
'o Fresno Municipal Code g 2-314(b).
" Fresno Municipal Code g 2-314(c)." Government Code S 87100.
11
3. Leave the room until after the discussion, vote, and any other disposition
of the matter is concluded, unless the matter has been placed on the
portion of the agenda reserved for uncontested matters.23
c. Public officials who must comply with this Rule include, but are not limited to,
members of the Council, the Mayor, City Manager, City Attorney, City Controller,
City Clerk, and public officials who manage public investments.2a
a.
b.
RULE NO. 14
MOTIONS
Only Councilmembers, or duly appointed members of boards sitting with the
Council, may make Motions. Motions and amendments may be verbal, but shall
be reduced to writing, if requested by the Presiding Officer. The City Clerk shall
record all motions and read them back when requested. Upon request, the City
Attorney shall assist in the formation of motions.
There are three motions which are the most common and recurring, and are
usually subject to debate.
1. The basic motion. This motion puts forward a decision for Council
consideration. Only one basic motion may be on the floor at one time.
2. The motion to amend. This motion seeks to modify the basic motion that
is before the Council. A motion to substitute a motion with another motion
shall be treated as a motion to amend. Only one motion to amend may be
on the floor at one time.
3. The procedural motion. This motion is to address a rule of procedure,
postpone, or take some other action.
Any motion that does not receive a second shall die, and then another motion
may be made.
When there is more than one motion on the floor at the same time, the vote shall
proceed first on the last motion that is made.
The following common procedural motions shall be handled as follows:
d.
e.
" Government Code S 87105.
'o Government Code S 87200.
12
1. Motion to adjourn. This motion, if passed, requires the Council to
immediately adjourn to its next regularly scheduled meeting. lt is not
subject to debate and requires a majority vote. lt is the highest priority
motion.
2. Motion to recess. This motion, if passed, requires the Council to
immediately recess. The Presiding Officer determines the length of the
recess. lt is not subject to debate and requires a majority vote.
3. Motion to fix the time to adjourn. This motion, if passed, requires the
Council to adjourn the meeting at a specific time set in the motion. lt is not
subject to debate and requires a majority vote.
4. Motion to table. This motion, if passed, requires the discussion of the
agenda item to be halted and the agenda item placed on hold. The
motion can contain a specific time in which the item can come back to
Council. lf the motion does not contain a specific time for the return of the
item, a motion to take the item off the table will have to be taken at a
future meeting to bring it back to the Council. A motion to table or to bring
it back to the Council requires a simple majority vote.
5. Motion to continue. This motion, if passed, requires the item to be
withdrawn from the Agenda at that time and postponed either indefinitely
or to a certain time and/or date, or to a time later in that meeting, as stated
in the motion. A motion to continue is debatable and requires a simple
majority vote,
6. Friendly Amendment. This is a "request," rather than a formal motion. The
speaker asks whether the maker of the basic motion would agree to
amend the motion, as suggested. lf agreed, and if the member providing
the second also agrees, or another second is offered, then the basic
motion is replaced with the amended motion.
RULE NO. 15
RECONSIDERATION2s
A motion to reconsider any action taken by the Council may be made only on the
day such action was taken, lt may be made either immediately during the same
session, or at a recessed or adjourned session thereof. Such motion must be
made by one of the prevailing side, but may be seconded by any member, and
may be made at any time and have precedence over all other motions or while a
member has the floor; it shall be debatable. Nothing herein shall be construed to
prevent any member of the Council from making or remaking the same or any
other motion at d subsequent meeting of the Council so long as the ability to
cr.
'u Fresno MunicipalCode $ 2-310(e).
13
a.
b.
make such motion meets the requirements of applicable laws.
b. Notwithstanding this rule, when the Mayor makes a written request for Council
reconsideration in accordance with Article 3 of Chapte¡ 2 of the Fresno Municipal
Code and Charter Section 605(d), the Council shall reconsider such request.
RULE NO. 16
PUBLIC HEARINGS
Public hearings are matters which require a notice by publication or mail and are
to be heard on a set date and time.
Order of Proceedings. Generally, public hearings shall be conducted in the
following order:
Hearing Opened
Staff Report
Presentation by Proponent, Applicant or Appellant
Questions of Proponent, Applicant or Appellant by Council and/or Staff
Public Testimony
Hearing Closed
Discussion by Council
Action by Council
Notwithstanding the public comment period in Rule 10, a project or entitlement
applicanUappellant shall have such time necessary for a fair and reasonable oral
testimony or presentation in connection with the particular Noticed Public Hearing
item. In general, this time limit shall be set at 10 minutes.
No basic motions may be made until a hearing is closed for public comment.
Testimony after Closure of Hearing. Once the hearing has been closed, no
additional public testimony will be taken without a majority vote of the Council to
reopen the hearing, even in cases where the item is continued to a future date for
Council consideration. However, after the hearing has been closed, the Council
may direct questions to the applicant, or any other person who has testified
during the hearing, and receive their answers, which shall be deemed to be part
of the record of testimony at the hearing. In the event that public testimony is
reopened to allow additional information or additional speakers, the Council shall
permit a reasonable time for rebuttal.
d.
e.
14
RULE NO. 17
QUASI-JUDICIAL HEARINGS AND INDIVIDUAL CONTACTS
a. Fair hearings are required in quasi-judicial matters. Quasi-judicial hearings shall
be conducted in accordance with the principles of due process, and the City
Attorney shall advise the Council in this regard.
b. Examples of quasi-judicial hearings include applications and revocations of
variances, site plans, and conditional use permits ("CUPs"); resolutions of
necessity of eminent domain actions; appeal of competitive bid awards, card
room permit appeals.
c. Except as set forth herein, no member of the Council shall discuss or listen to
discussion of the facts of any quasi-judicial matter while such matter is pending
before the Council or any agency, board or commission thereof except at such
time as that matter comes before the Council at a Noticed Public Hearing.
d. Councilmembers shall not discuss with any member of the public the facts of any
such matter while such is pending before the Council or any agency, board or
commission.
e. Matters involving permits are pending before a City agency, board of commission
when an application for a permit has been filed with the appropriate City
department.
RULE NO. 18
CONTINUANCES
ln addition to a motion to continue as provided in Rule 14, prior to the approval of the
Agenda, any Councilmember may ask that an Agenda item be continued indefinitely or
to a future date and/or time certain. The matter shall then be continued unless the
Council, by majority vote, does not approve the request to continue.
RULE NO. 19
PRIORITY OF BUSINESS
a. The majority of the entire membership of the Council may, by motion, designate
any matter on the agenda to be a special order of business, which shall take
precedence over all other business. A special order of business action is limited
15
a,
to matters properly noticed and placed on the agenda under the Brown Act.'u
This rule does not permit the hearing of a timed item prior to the time set on the
agenda. lf Council wants to change the date of a scheduled hearing to a later
date, Council may do so without having to wait until the time set for hearing.
b. All questions relating to the priority of business to be acted upon by the Council
shall be decided without debate.
RULE NO. 20
COUNCILMEMBER REPORTS AND COMMENTS
Any Councilmember may, during the time for Councilmember reports and
comments, report on activities in representing the Council or the City, before
other governmental agencies and at public events, or direct brief questions to
other Councilmembers, the City Manager, the City Attorney, or the City Clerk.
Each Councilmember may also bring to the Council's attention any item of new
business under this portion of the agenda. Each Councilmember shall limit his or
her reports and comments to a total of three (3) minutes.
Action on any matter of business not listed on the agenda shall be deferred until
properly listed on the agenda for a subsequent Council meeting unless properly
added to the agenda due to a need for immediate action pursuant to state law.
RULE NO. 2I
CLOSED SESSIONS
a . Closed sessions may be held at any regular or special meeting for any purpose
authorized under the Brown Act in accordance with the procedures in Rule 6.
Council actions shall be governed by the Brown Act. Public comments on any
item to be heard in closed session shall be received prior to, but not necessarily
immediately prior to, a closed session. No discussions in closed session shall
take place without a quorum present.
b. Pursuant to the Brown Act,27 the City Clerk may be required to attend a closed
session of the Council and keep and enter in a minute book a record of topics
discussed and decisions made at each meeting. The confidentiality of such
minutes shall be maintained pursuant to the Brown Act.
c. Announcements of Action Taken. When required by state law, actions taken in
'u Government Code SS 54950 et seq.
" Government Code S 54957.2.
b.
16
d.
e.
closed session shall be announced in open session promptly after the closed
session. A place may be listed on the agenda for such announcements. After
closed sessions, the Presiding Officer, City Clerk, and City Attorney, shall
reconvene in open session and make any such required announcements prior to
final adjournment of the meeting.
Persons Permitted in Closed Sessions. Persons permitted in closed session
meetings are limited to: Councilmembers; the City Manager and/or Assistant City
Manager(s); the City Attorney and any other attorneys or legal consultants at the
invitation of the City Attorney; the City Clerk; and necessary City staff for the
matter being considered. No other persons may be present without the prior
approval of the Presiding Officer and the City Attorney.
Closed Session Materials. Confidential documents, including litigation
summaries, legal memoranda, and drafts of labor and real estate agreements or
term sheets, shall be made available to Councilmembers, the City Manager, and
the City Attorney by 5 p.m. on the fifth day prior to the Council meeting. The
documents shall be treated as strictly confidential. Any additional confidential
documents to be discussed in the closed session shall be clearly marked
"Confidential" and provided to the City Attorney for distribution to the
Councilmembers and City Manager no later than 24 hours prior to the closed
session.
Withdrawing Closed Session ltems. After publication of the Agenda, if Staff or the
City Attorney plans to withdraw any item from closed session discussion, that fact
shall be communicated to Councilmembers at the earliest opportunity and then
disclosed to the public prior to approval of the Agenda during the Council
meeting.
RULE NO. 22
QUESTIONS OF ORDER AND APPEALS TO RULINGS OF CHAIR
A question of order may be raised at any stage of the proceedings, except during
a calling of the roll when the ayes and noes are called for. Such question shall
be decided by the Presiding Officer, without debate, subject to an appeal to the
Council.
A ruling of the Chair shall not be subject to debate. However, the ruling may be
appealed by any two Councilmembers, one Councilmember making the appeal
and another seconding it. The question is then taken from the Chair and vested
in the Council for final decision by majority vote of the entire membership of the
Council. A tie sustains the Chair.
f.
a.
b.
17
a.
b.
RULE NO. 23
BOARDS. COMMISSIONS. AND COMMITTEES OF THE COUNCIL
Council may create a board, commission, committee of the Council, or other
body of the City by ordinance, resolution, or other formal action of the Council.
Legislative bodies created by Council are subject to the Brown Act, except for ad
hoc committees.2s
Boards, commissions, committees and similar bodies not created by Charter, by
ordinance or by resolution of the Council shall automatically terminate two years
from their creation, unless otherwise specified by the Council."
Advisory committees composed solely of less than a quorum of the Council are
either standing committees or ad hoc committees, Standing committees are
subject to the Brown Act, whereas ad hoc committees are not.
1. A standing committee is a committee that has a continuing jurisdiction over
a particular subject matter, or has a meeting schedule that is fixed by
Charter, ordinance, resolution, or formal action of the Council. A
committee with continuing subject matter jurisdiction has authority to
consider a specific subject matter on an ongoing basis. Examples include
committees'that have authority to hear and consider issues relating to
budgets, audits, contracts, and personnel matters that do not require
renewal of its authority to hear and consider such matters.to
2. An ad hoc committee is a committee that consists solely of less than a
quorum of the Council, that does not have a continuing subject matter
jurisdiction, or a meeting schedule fixed by formal action of the Council. Ad
hoc committees must have a limited term, and are charged with
accomplishing a specific task in a short period of time. Such committees
are dissolved when their specific task is completed, and are not perpetual.3l
RULE NO. 24
MAYORAL COMM ITTEE APPO I NTM ENTS
Action by the Council on requests by the Mayor for confirmation or approval of an
appointee or nominee to a public office or position shall be taken by minute
resolution confirming or not confirming the appointee or nominee.
tt Government Code S 54952.
tt Fresno MunicipalCode $ 2-902.
to 79 Ops. Cal. Atty. Gen. 69, 72-73 (1996).
tt 79 Ops. Cal. Atty. Gen. 69, supra.
18
a.
b
d.
e.
RULE NO. 25
COUNCIL APPOINTMENTS OF COUNCILMEMBERS
TO COMMITTEES
From time to time, Council appoints a Councilmember to serve on a board,
commission, committee, joint power authority, or other official body (hereinafter
"Committee.") Such appointments shall be for a two year period, unless
othenryise stated in the implementing document that formed the Committee.32
No later than the first regular meeting in February of each year, Council shall
review all the appointments as provided in a list prepared by the City Clerk. The
annual review will be conducted to fill vacancies or an expired term of office, and
to consider removal of any appointee for cause, such as for failure to keep
Council informed of the Committee's activities, or for excessive absenteeism
without good cause.
At the first regular meeting of each month, the appointed Councilmember shall
report on the activities of the Committee, including any significant projects of the
Committee before it takes place, such as issuance of bonds, matters relating to
financing, and other matters that may commit the City to a particular course of
action.
The Council President shall have the authority to appoint a designee to attend
Committee meetings and participate as a voting member of the Committee in
his/her absence, as permitted by the implementing document that formed the
Committee.
The Councilmember next in line to serve as Council President is strongly
encouraged to start attending meetings of the Committee served by the Council
President, at least six months before the expiration of the Council President's
term of office. This will give the incoming Council President an opportunity to
learn about the Committees, particularly those that deal with complex subjects,
before he/she takes office.
RULE NO. 26
NEWS MEDIA
Members of the news media covering the business
assigned to selected areas by the Presiding Officer.
a.
tt Fresno Municipal Code g 2-802.
19
of the Council may be
b.Members of the news media shall be permitted to televise and sound-record the
proceedings of the Council under such rules and conditions as the Presiding
Officer may prescribe.
Selected areas assigned to the members of the news media in the Council
Chambers shall be exclusively for the use of the news media members.
Unauthorized individuals shall not use or occupy said assigned areas.
RULE NO. 27
ACCESS TO THE DAIS
No person shall be permitted on the dais during Council meetings except for the
following: Councilmembers, the City Clerk, the City Attorney, the City Manager
and Assistant City Manager(s), the Successor Agency Executive Director (during
joint meetings), duly authorized additional members of boards sitting in joint
meetings with the Council, and on a limited basis, those who are asked to assist
the above (Deputy City Attorneys, Council Assistants, etc.). Any other person
desiring to sit on the dais may do so only by permission of the Presiding Officer.
Members of the news media shall not be permitted access to the dais during
Council meetings.
TY:elb [65024elbity] Revised 061 1 I I I 4
cr.
b.
20