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Resolution Number 15-08-04-03 RESOLUTION NO. 15-08-04-03 L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A CITY COUNCIL POLICY CONCERNING RULES OF ORDER AND PROCEDURE FOR CITY COUNCIL, COMMISSION, COMMITTEE AND BOARD MEETINGS WHEREAS, the City Council of the City of San Juan Capistrano wishes to adopt certain rules of order and procedure in order to ensure that government is conducted in the City of San Juan Capistrano in an orderly, fair and open way, and that the rights of the people to speak and be heard on matters of public interest are protected. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby resolve as follows. SECTION 1. The City Council hereby adopts the accompanying (Exhibit A) Rules of Order and Procedures for City Council, Commission, Committee and Board Meetings. SECTION 2. This Resolution shall take effect immediately upon its adoption. PASSED APPROVED, AND ADOPTED this 41h day of August 2015. DEREK REEVE, MAYOR ATTES MAR IS, CITY LERK L� 1 8/4/2015 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 15-08-04-03 was duly adopted by the City Council of the City of San Juan Capistrano at the Special meeting thereof, held the 4'" day of August 2015, by the following vote: AYE COUNCIL MEMBERS: Allevato, Ferguson, Perry, Patterson and Mayor Reeve NOE COUNCIL MEMBERS: None ABSEN' COUNCIL MEMBERS: None MARIA�MO fZIS, City erk 2 8/4/2015 CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL MEETINGS 1 of 13 8104115 130 PURPOSE The purpose of this policy is to set forth rules of order and procedures relating to City Council Meetings, in order to ensure that government is conducted in the City of San Juan Capistrano in an orderly, fair and open way, and that the rights of the people to speak and be heard on matters of public interest are protected. SCOPE This policy applies to the City Council, Successor Agency, Housing Authority, and any other affiliated entity (now or later established) comprised, in whole or in part, by a majority of the City Council. This policy also applies to any Commission, Committee, or Board of the City. PROCEDURE I. CITY COUNCIL MEETING PREPARATION A. Deadline for Filing Items to Be Presented at Regular City Council Meetings. All items submitted for the City Council agenda must be in writing. The deadline for submitting an item to the City Clerk is 12:00 p.m., 15 days prior to the regular City Council meeting at which the item is to be presented. B. Placing an Item on the Agenda by a Council Member. Any Council Member may place an item on a future agenda, by requesting(under Council Action Items) such placement, accompanied by a brief written explanation. C. Posting of the Agenda. The regular City Council meeting agenda shall be posted at 5:00 p.m. on the Wednesday before the Tuesday Council meeting. However, it may be reposted when it is necessary to add an item to the Agenda, up until 72 hours before the City Council meeting as provided for by law. D. Agenda Posting Locations. A complete copy of the City Council agenda shall be posted: (1) on the outdoor bulletin board at City Hall, 32400 Paseo Adelanto; (2) at the Library, 31495 EI Camino Real; (3) at the Community Center, 25925 Camino del Avion; and (4) on the City's website. EXHIBIT A CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL MEETINGS 2 of 13 8104115 130 E. Delivery and Distribution of Agenda Packets. The City Council agenda packets are prepared by the City Clerk's Office. Barring unavoidable difficulties or holidays, the Agenda packets will be distributed to members of the City Council the Wednesday evening preceding the Tuesday City Council Meeting. F. Backup Material for Agenda Items. Except in emergencies, each Agenda item shall be composed of the City Council Agenda Report cover sheet and all backup material needed for the City Council to take its action. II. CITY COUNCIL MEETING ORDER OF BUSINESS A. Order of Business. The order of business for regular meetings of the City Council shall be: Closed Session Roll Call Oral Communications Closed Session Open Session Roll Call Pledge of Allegiance Invocation Report of Closed Session Introductions/Presentations Oral Communications Public Hearings Administrative Items Consent Calendar Items Removed from the Consent Calendar Ordinances Council Action Items City Council Reports Adjournment III. CITY COUNCIL MEETING PROCESS AND GENERAL POLICIES A. Reordering Agenda Items. The Mayor may, unless overruled by a majority of the City Council, reorder items on the Agenda to accommodate the public or to address other concerns. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY U Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL MEETINGS 3 of 13 8104115 130 B. Review of Remaining Agenda Items. At the hour of 8:00 p.m., the City Council will review the remaining Agenda items and make a decision regarding which items will be considered before the 9:00 p.m. curfew and which items will be continued to the next meeting. C. City Council Meeting Curfew. The City Council Meeting curfew is 9:00 p.m. A four-fifths vote of the Council is required to extend a meeting beyond that hour. D. Presentations. Presentations shall be scheduled as necessary to recognize persons or groups, or to promote events. All presentation requests shall be forwarded to the Mayor. The Mayor will review the requests and determine whether any recognition will be given and what form that recognition will take (for example, Certificate of Appreciation, Certificate of Commendation, Proclamation). E. City Council Minutes. Minutes shall be submitted for approval and/or correction U in draft form on the Consent Calendar at a subsequent regular Cit Council q g Y Meeting. The minutes shall conform to the City's Minutes Policy. F. Notification of Meeting Absences. Members of the City Council shall notice the City Clerk when they are unable to attend a City Council Meeting, including the reason for such absence. Unless an emergency prevents it, the Councilmember shall notify the City Clerk in writing. IV. CITY COUNCIL MEETING RULES OF ORDER A. Obtaining the Floor. Any Council Member wishing to speak must first obtain the floor by being recognized by the Mayor. The Mayor must recognize any Council Member who seeks the floor when that Council Member is appropriately entitled to do so. B. Council Member Comment. Each Council Member shall be allowed an initial opportunity to speak on an Agenda item. Following the comments by all members of the City Council, the Mayor may provide additional rounds of comments for each Council Member. C. Motions/Discussion. Motions shall be governed by Rosenberg's Rules of Order, as set forth below. A motion to limit debate is not in order, unless each member of the City Council has spoken once. Council Members may be allowed to explain their vote. Council participation during the presentation of public testimony or staff reports shall be limited to questions asked at the conclusion of the testimony. No general discussion should be permitted, nor shall CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY i Subject: Effective Policy � Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL MEETINGS 4 of 13 8104115 130 opinions/positions be presented by City Councilmembers, until the testimony has been completed. Council discussion not relevant to the matter should be reserved for the City Council Report portion of the Agenda. Comments inconsistent with the aforementioned should be ruled out of order by the Mayor. D. Voting. (1) It is the policy of the City Council that all members present at a meeting fully participate in the discussion of a matter and shall vote for or against a motion, unless disqualified by conflict of interest or other legal reason as provided in this Section. (2) If the vote is a voice vote, the Mayor or City Clerk shall declare the result and note for the record all yes votes, no votes and abstentions/recusals. The Council may also vote by roll call or ballot. Regardless of the manner of voting, the results reflecting all yes, no, abstention/recusal votes and the Council Members who cast them must be clearly set forth for the record. To be adopted, a motion requires the affirmative yes vote of a majority of the quorum present, unless a higher vote is required by statute, ordinance, or resolution. (3) If a member is disqualified from voting, the member shall not participate in the consideration of the matter, shall not be counted for the purpose of the quorum, and shall leave the dias during the consideration of the matter; provided, however, that if the matter is being considered on the Consent Calendar and has not been removed from Consent Calendar, the Council Member may remain on the dias and disclose the reason for disqualification. A disqualified Council Member may speak on the matter as a private citizen, but only to the extent allowed by the Regulations of the Fair Political Practices Commission, (4) For any abstention that is not legally required, the abstention shall be considered concurrence in the motion being voted on and the City Clerk shall record the Council Member's abstention as an affirmative"yes" vote. (5) A tie vote means no action has been taken. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL MEETINGS 5 of 13 8104115 130 E. Procedural Rules of Order. The City Council hereby adopts the latest version of Rosenberg's Rules of Order(2011 ed.), which is incorporated by reference herein, as such Rules may be amended and updated from time to time. In the event of any inconsistency between Rosenberg's Rules of Order and any statute or City ordinance or resolution (including these policies), such statute, ordinance, resolution (including these policies) shall prevail. The failure of the City Council to comply with such Rules shall not invalidate any action taken by the City Council. F. Rules of Decorum for Councilmembers (1) While the City Council is in session, all Councilmembers shall preserve order and decorum. No Councilmember shall delay or interrupt the proceedings of the Council or disturb any member of the public while he or she is properly recognized and addressing the City Council. (2) Discussion by Councilmembers must relate to the subject matter at hand and shall be relevant and pertinent to allow for the expeditious disposition and resolution of the business before the City Council. (3) While the City Council is in session, Councilmembers shall not engage in any abusive or vulgar language and shall avoid personal attacks on any other member of the City Council, staff or the public; nor shall they publicly impugn the integrity or honesty of such individuals while the City Council is in session. (4) Once recognized by the Mayor, a Councilmember shall not be interrupted when speaking unless called to order by the Mayor, unless a point of order or personal privilege is raised by another Councilmember, or unless the speaker chooses to yield to a question by another member of the Council. If a Councilmember is called to order, that Councilmember shall cease speaking immediately until the question of order is determined; and, if determined to be in order, he or she shall proceed. (5) Any Councilmember may move to require the Mayor to enforce the rules of decorum and order, and the affirmative vote of a majority of the City Council shall require the Mayor to do so. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL MEETINGS 6 of 13 8104115 130 V. PUBLIC PARTICIPATION IN COUNCIL MEETINGS A. Audience Decorum. Members of the audience shall not engage in disorderly conduct that disturbs, disrupts, impedes, or otherwise renders the orderly conduct of the City Council meeting unfeasible or interferes with the ability of other members of the public who are properly recognized from addressing the City Council during oral communication portion of the agenda. A member of the audience engaging in such conduct shall, at the discretion of the Mayor or a majority of the Council Members, be subject to removal from that meeting. B. Request to Speak Form. Members of the public may address the City Council during Oral Communication and/or before consideration of any agenda item; however, no person shall address the Council without first being recognized by the Mayor. Any person wishing to speak, whether during Oral Communication or on an agenda item, shall be requested to first complete an Oral Communication or Request to Speak form and submit this form to the City Clerk before the Mayor calls for Oral Communication or calls the particular agenda item. C. Purpose. The purpose of addressing the City Council is to communicate formally with the Council regarding matters that relate to Council business or citizen concerns within the subject matter jurisdiction of the City Council. Persons addressing the City Council on an agenda item shall confine their remarks to the matter under consideration by the Council. D. Speaker Decorum. Each person addressing the City Council shall do so in an orderly manner and shall not engage in conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of the Council meeting. Any person who so disrupts the meeting shall, at the discretion of the Mayor or a majority of the Council Members,be subject to removal from that meeting. E. Time Limit. In the interest of fairness to other persons wishing to address the City Council and to other individuals or groups having business before the City Council, each speaker shall limit his or her comments to three minutes. If a large number of people (generally twenty or more) wish to address the City Council, the Mayor may alter this three minute time rule. Such alterations may include, but shall not be limited to: (1) reducing the three minute time period; (2) requesting audience members to select a spokesperson to present their comments in a single presentation; CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL MEETINGS 7 of 13 8/04/15 130 (3) requesting members of the audience to indicate their support for a particular viewpoint by some other means (i.e., raising their hand, standing up, indicating on a request to speak form, etc.); or (4) for the Oral Communications section of the agenda only (i.e., non- agendized matters), establishing a time period (for example, 30 minutes) over which speakers would be required to speak following other agendized items. Consideration should, at all times, be given to balancing the free speech rights of members of the audience with the ability of the City Council to conduct the business activities of the City. F. Speak Only Once. Second opportunities for the public to speak on the same issue will not be permitted unless mandated by state or local law. G. Addressing the Council. Comment and testimony are to be directed to the Mayor. Dialogue between and inquiries from citizens at the lectern and individual Council Members, members of staff, or the seated audience is not permitted. Council Members seeking to clarify testimony or gain additional information should direct their questions through the Mayor. H. Yielding of Time. It is understood that a person making a request to speak does so on his or her own behalf. For this reason and to guarantee all persons an ample opportunity to be heard, all speakers will be recognized for the same amount of time. No speaker will be allowed to yield part or all of his time to another, and no speaker will be credited with time requested but not used by another. I. Oral Communications (1) Non Public Hearing Items. The Agenda shall, at a single time prior to City Council action, provide an opportunity for Oral Communications upon all non-public hearing items noticed on the agenda or which may have been added pursuant to law. The Oral Communications may address any matter within the jurisdiction of the City, whether listed as non-public hearing items on the agenda and/or matters not specifically listed on the agenda. A member of the public who wishes to speak under Oral Communications will be asked to fill out an Oral Communication Request to Speak form and submit it to the City Clerk before the Mayor calls for Oral Communications. If such member of the public wishes to remain anonymous, such member shall be entitled to do so. Persons may speak CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL MEETINGS 8 of 13 8104115 130 under Oral Communications for a maximum of three minutes and shall not be allowed to defer any portion of their time to any other person. State law prohibits the City Council from discussing or taking action on any item not listed on the Agenda unless the Council makes a determination that an urgency exists and that the need to take immediate action on the item arose subsequent to the final posting of the Agenda. Councilmembers or staff members may provide brief response to comments when recognized by the Mayor for the purpose of doing so. (2) Public Hearing/Appeal Agenda Items. At Public Hearings, the property owner or the applicant has the burden of proof and, therefore, shall be allowed fifteen minutes for an initial presentation and an additional ten minutes for rebuttal following the other comments on the matter. The Mayor may allow more time if required to provide due process for the property owner or applicant. An appellant, other than the property owner or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property that is the subject of the Public Hearing, may have up to ten minutes to speak and shall not be allowed to defer any portion of their time to other speakers. All other members of the public may speak during the Public Hearing for a maximum of three minutes and shall not be allowed to defer any portion of their time to other speakers. If a large number of members of the public wish to address the City Council on a public hearing or appeal item, the Mayor may take an action contained in Section V.(E), above. J. Violation of the Rules of Decorum. Upon violation of one or more of the rules of decorum established in Items A or D above, the procedure to enforce the rules shall be as follows: (1) Warnings. The Mayor shall first request that a person who is violating the rule to cease such conduct. If, after receiving a request from the Mayor, the person persists in violating a rule, the Mayor shall issue a second warning. If, after receiving such warnings, the person persists in violating a rule, any peace officer who is present at the meeting when the violation occurs shall be authorized and directed by the Mayor to warn the person that his or her conduct is violating a rule and that he or she is requested to G cease such conduct. If, after two warnings, the person persists in violating a rule, the Mayor may order a recess of the meeting. If, upon resumption of the meeting the violation persists by such person, the Mayor shall order another recess, whereupon the Mayor shall have the authority to ask any CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL MEETINGS 9 of 13 8104115 130 peace officer to remove the person from the meeting and/or to cite the person as being in violation of Penal Code Section 403. (2) Motion to Enforce. If the Mayor fails to enforce the rules of decorum set forth herein, any Council Member may move to require the Mayor to do so, and an affirmative vote of a majority of the Council shall require the Mayor to do so. If the Mayor fails to carry out the will of the majority of the Council in this matter, the majority may designate another Council Member to act as Mayor for the limited purpose of enforcing the rules of decorum established herein. (3) Clearing the Room. Pursuant to the Ralph M. Brown Act (Government Code Section 54957.9), in the event that any meeting is willfully interrupted by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of the individuals who are willfully interrupting the meeting, by a majority vote of the City Council, the meeting room may be ordered cleared and the meeting shall continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to Government Code Section 54957.9. The Mayor may re-admit an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. (4) Violation of the California Penal Code. A person or persons who substantially impair(s) the conduct of a City Council meeting by knowingly and intentionally violating these rules of decorum may be prosecuted under Penal Code Section 403 for disturbing a public meeting. Every person who violates Penal Code Section 403 is guilty of a misdemeanor. VI. PUBLIC HEARINGS A. Process and Procedures The City Council conducts Public Hearings on applications, projects, and other matters as required to provide due process of law. The following information outlines the process under which Public Hearings will be conducted. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL MEETINGS I 10 of 13 8104115 130 (1) Staff will review the application/project/matter, will prepare a staff report, and may make a recommendation or propose alternatives to the City Council prior to the Public Hearing. (2) A notice of the Public Hearing will be posted, published, and mailed as required by law. (3) The members of the City Council will receive the staff report for the application/project/matter in the Agenda packet prior to the meeting. This provides the Council with an opportunity to study the staff report, which will become part of the hearing record, and to become familiar with the project prior to the Public Hearing. (4) When the Public Hearing is called, staff will summarize the application/project/matter as contained in the staff report or request a continuance to a future meeting. The City Council may ask questions for clarification. City Council shall not express an opinion or position on the application prior to the conclusion of the public hearing. If a City Council member has spoken to any party or member of the public regarding a public hearing item, or has visited the subject property, the City Councilmember should briefly summarize such conversation and acknowledge the site visit. (5) Once the Public Hearing is opened, the applicant/property owner is entitled to present the application/project/matter in person or through a representative. (6) Following this presentation, members of the general public may speak, in the order in which they turned in their Request to Speak forms. (7) Once all members of the general public have spoken, the applicant/property owner will be provided an opportunity to rebut any testimony or evidence provided by opponents or by staff. The rebuttal shall be limited to answering or refuting testimony of opponents or staff. (8) Following each presentation, members of the City Council may question the speakers. (9) Following rebuttal, the item is then before the City Council for discussion and clarification. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY U Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL MEETINGS 11 of 13 8/04/15 130 (10) When all parties have been heard and there are no additional requests to speak, the Mayor may close the Public Hearing and/or any member of the Council may make a motion to: a. Continue the Public Hearing to a date certain to allow for further study/discussion; or b. Close the Public Hearing and do one of the following (1) approve the application/project/matter as submitted, (2) conditionally approve the application/project/matter with certain revisions, (3) deny the application/project/matter, or (4) deny the application/project/matter without prejudice (this action will allow applicant to refile without waiting a specified time period and will permit the waiver of the required fees). (11) The applicant or property owner may withdraw the application/project/matter at any time before a vote is taken by the City Council. B. Mayor's Guidelines for the Conduct of Public Hearings (1) The Mayor states "This is the time for the Public Hearing on Agenda item #_' (describe generally from Agenda). (2) The Mayor opens the Public Hearing by calling on the City Manager for the Staff Report. The City Manager will then call on the appropriate staff member to give the report. Council Members may ask clarifying questions of staff. (3) The Mayor calls on: a. applicant/property owner and asks him to state his name and address for the record, b. members of the general public, called in the order that they submitted their Request to Speak forms, CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy ' Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL MEETINGS 12 of 13 8104115 130 C. the applicant/proponent for rebuttal, d. staff for any closing clarification. Following each presentation, the Council may question the speakers. (4) The Mayor declares that the Public Hearing is closed and states: "The issue is now before the City Council for discussion." (5) The Mayor calls upon individual Council Members who request recognition to speak. (6) Following discussion, the Mayor or any Council Member may make a motion to: a. Continue the Public Hearing to a date certain to allow for further i discussion or study; or b. Close the Public Hearing and, unless other options are available under the statute/ordinance, do one of the following: (1) approve the application/project/matter as submitted; (2) conditionally approve the application/project/matter with certain revisions; (3) deny the application/project/matter; or (4) deny the application/project/matter without prejudice (this action will allow applicant to refill without waiting a specified time period and without repaying all of the required fees). (7) The Council votes on the motion. VII. COUNCIL POWERS A. Role of the Mayor (1) The Mayor is responsible for conducting the meeting and should not actively participate in discussion. The Mayor should reserve comment until all of the Council Members have spoken. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL MEETINGS 13 of 13 8104115 130 (2) All comment should be directed to the Mayor. Cross talk between Council Members should be ruled out of order by the Mayor. B. Council Seating Order. The Council seating order shall be at the discretion of , the Mayor. C. Selection of City Council Officers. At the first regular City Council Meeting in December of each year, the City Council shall select from among its members a Mayor and Mayor Pro Tempore to serve for the following year. The Mayor and Mayor Pro Tempore shall take office immediately following such reorganization. Each shall serve in their respective roles until their successor is appointed, until they are no longer serving on the City Council, or until replaced by a vote of the City Council. In the Mayor's absence, the Mayor Pro Tem shall be the presiding i officer at City Council meetings. In the absence of the Mayor and Mayor Pro fTem, the remaining City Councilmembers shall select the presiding officer from U amongst themselves. VIII. COUNCIL AUTHORITY The City Council shall have the authority to waive provisions of the procedures established by this policy unless the procedure is required. Failure of the Council to follow these procedures shall not invalidate or otherwise affect any action of the Council. f