Loading...
Ordinance No. 265ORDINANCE NO. 265 AN ORDINANCE OF THE CITY OF CYPRESS ESTABLISHING RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS Section 1. AGENDA. The City Clerk shall prepare an agenda of the Council proceedings which agenda shall be prepared in accordance with the Order of Business and shall furnish each member of the Council, the Mayor, and City Manager and City Attorney with a copy of the same prior to the Council meeting, but not later than 48 hours preceding each meeting. Matters that are not listed on the agenda shall not be presented to the Council by the City Manager except those of an urgent nature or upon unanimous consent of the Council. Section 2 DUTIES OF PRESIDING OFFICER. The Mayor shall preside at the meetings of the Council and shall preserve strict order and decorum at all regular and special meetings of the Council. The Mayor shall state every question coming before the Council announce the decision of the Council on all subjects and decide all questions of order subject, however to an appeal to the Council in whichevent a majority vote of the Council shall govern and conclusively determine such question of order Section 3. CALL TO ORDER - PRESIDING OFFICER. The Mayor or in his absence the Vice -Mayor (Mayor Pro tempore) shall take the chair precisely at the hour appointed for the meedng, and shall immediately call the Council to order In the absence of the Mayor or Vice Mayor (Mayor Pro tempore) the City Clerk shall call the Council to order, whereupon a temporary chairman shall be elected by the members of the Council present Upon the arrival of the Mayor or Vice -Mayor (Mayor Pro tempore) the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. Section 4. ROLL CALL. Before proceeding with the business of the Council the City Clerk shall call the roll of the members and Che names of those present shall be entered in the minutes. Section 5. QUORUM. A majority of the Council constitutes a quorum for the transaction of business but a lesser number may adjourn from time to time and may cancel the meeting by a notice Section 6 ORDER OF BUSINESS. All meetings of the Council shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the members of the Council the Mayor, aid City Manager the City Clerk and the City Attorney shall take their regular stations in the Council Chambers and the business of the Council shall be taken up for consideration and disposition in the following order unless otherwise changed by resolution of the Council. 1 Roll Call 2. Minutes 3. Oral Communications 4. Bid Openings 5. Action on Previous Bids 6. Public hearings 7 Written Communications 8. Deferred Business 9 Reports 10. Ordinances and Resolutions 11. Reports from Officers and Commissions 12 Oral Communications 13. Adjournment Section 7 READING OF MINUTES Unless the reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if the Clerk has previously furnished each member with a copy thereof. Minutes shall he approved by voice or roll call vote. Ordinance No. 265 Section 8. RULES OF DEBATE. (a) Presiding Officer May Debate and Vote. The Mayor or in his absence such other member of the Council as may be presiding may move, second and debate franthe chair subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilman by reason of his acting as the Presiding Officer (b) Getting the floor Improper References to be Avoided. Every neither desiring to speak shall address the Chair and upon recognition by the Presiding Officer shall confine himself to the question under debate avoiding all presonality and indecorous language. (c) Interruptions A member once recognized shall not be interrupted when speaking unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, be called to order he shall cease speaking until the question of order be determined and if in order he shall be permitted to proceed. (d) Privilege of Closing Debate. The Councilman moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. (e) Remarks of Councilman - When entered in Minutes. Any Councilman may request, through the Presiding Officer the privilege of having a written abstract of tis statement on any subject under consideration by the Council entered in the minutes If the Council consents thereto, such statement shall be entered in the minutes (f) Remarks of Mayor The mayor may express his views an any subject for consideration by the Council and may file his written recommendations with the Clerk or at his request, may have a written abstract of his statement on any subject under consideration by the Council entered in the minutes. (g) Motion to Reconsider A motion to reconsider any action taken by the Council may be made only on the day such action was taken. It 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 other motion at a subsequent meeting of the Council. (h) Rules of Order Except as otherwise provided in this chapter 'Robert's Rules of Order Revised 75th Anniversary Edition' shall govern the conduct of the meetings of the City Council. Section 9 ADDRESSING THE COUNCIL. (a) Any person desiring to address the Council shall first secure the permission of the presiding officer so to do, provided, however that under the following headings of business unless the Presiding Officer rules otherwise, any qualified and interested person shall have the right to address the Council upon obtaining recognition by the Presiding Officer 1. Written Communications Interested parties or their authorized representatives may address the Council by written communications in regard to matters then under discussion. 2 Oral Communications. Taxpayers or residents of the City or their authorized legal representatives may address the Council by oral communications on any matter concerning the City's business or any matter over which the Council has control provided, however that preference shall be given to those persons who may have notified the City Clerk in advance of their desire to speak in order that the same may appear on the agenda of the Council. 3. Public Hearings and Protests. Interested persons or their authorized representatives may address the Council by reading of protests, petitions or communications relating to zoning sewer and street proceedings hearings on protests appeal and petitions, or similar matters in regard to matters then under consideration. nrritnanra Nn 441 ii Section 10. ADDRESSING THE COUNCIL AFTER MOTION MADE. After a motion is made by the Council, no person shall address the Council without first securing the permission of the Council so to do. Section 11 MANNER OF ADDRESSED THE COUNCIL, TIME LIMIT (a) Each person addressingthe Council shall step up to the microphone in front of the lectern, shall give his name and address in an audible tone of voice for the records and unless further time is granted by the Council shall limit his address to ten minutes All remarks shall be addressed to the Council as a body and not to any member thereof No person, other than the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked a Councilman except through the Presiding Officer (b) Spokesman for Group of Persons Whenever any group of persons wishes to address the Council on the same subject matter it shall be proper for the Presiding Officer to request that a spokesman be chosen by the group to address the Council, and in case additional matters are to be presented at the time by any other member of said group to limit the number of persons so addressing the Council so as to avoid unnecessary repetitions before the Council. Section 12 DECORUM. (a) By Council Members. While the Council is in session, the members must preserve order and decorum, and a member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Council or the Presiding Officer, except as otherwise herein provided. (b) By other Persons Any persons making personal, impertinent or slanderous remarks or who shall be come boisterous while addressing the Council shall be forthwith, by the Presiding Officer barred from further aduience at said meeting before the Council unless permission to continue be granted by a majority vote of the Council. Section 13. MEMBERS MAY FILE PROTESTS AGAINST COUNCIL ACTION Any member at his request shall have the right to have the reasons for his dissent from, or protest. against any action of the Council entered in the minutes Section 14. ENFORCEPMNT OF DECORUM. The Chief of Police or such member or members of the Police Department as he may designate shall be Sergeant -At - Arms of the Council meetings Fie or they 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 it shall be the duty of the Sergeant -at -Arms or any of them present to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of this Code or state law the complaint to be signed by the Presiding Officer Section 15 ORDINANCE, RESOLUTIONS, MOTIONS AND CONTRACTS. (a) Prepara- tion of Ordinances All Ordinances shall be prepared by the City Attorney No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council or requested in writing by any member of the Council, the Presiding Officer or the City Manager or prepared by the City Attorney on his own initiative. (b) Prior Approval by Administrative Staff All ordinances resolutions and contract documents shall, before 1resentation to the Council have been approved as to form and legality by the City Attorny or his authorized representative, and shall have been examined and approved for the administation by the City Manager or his authorized representative where there are substantive matters of administration involved. (c) Intorducing for Passage or Approval. Ordinances resolutions and other matters or subjects requiring action by the Council must be introduced and sponsored by a member of the Council, except that the Mayor, City Manager, or City Attorney may present ordinances resolutions and other matters or subject to the Council, and any Councilman may assume sponsorship thereof by moving that such ordinances resolutions matters or subejcts be adopted, otherwise, they shall not be considered. Ordinance No. 265 51 Section 16 ROLL CALL VOTE. A roll call vote shall be taken upon the passage of all ordinances and resolutions and be entered upon the journal of the proceedings of the Council. Upon request of any member a roll call vote shall be taken and recorded on any vote. Whenever a recorded or roll call vote of the Council is in order the City Clerk shall call the names of the members in alphabetical order except that the name of the Presiding Officer shall be called last. Section 17 ADJOURNMENT A motion to adjourn shall always be in order and decided without debate. Section 18. REGULAR MEETINGS. The City Council shall hold regular meetings upon the 2nd and 4th Mondays of each month. The meetings shall be held in two sessions The first session shall continence at 3:00 o'clock p.m. and shall be recessed not later than 6:00 o'clock p,m. The second session shall continence at 7.30 p.m. o'clock p.m. Meetings falling upon a State Holiday shall be held upon the next succeeding night that is not a holiday Section 19 ADJOURNED MEETINGS. Any regular or adjourned regular or special meeting may be adjourned to a time certain but not beyond the next regular meeting date Section 20. SPECIAL MEETINGS Special meetings shall be held in the manner provided by and as limited by State law Section 21 PLACE OF MEETINGS. All meetings shall be held in the Council Chambers located at 5311 Orange Avenue in the event of emergency or unusual conditions any meeting may be adjourned to another date and place certain within the City Section 22. NOTICE. Notice shall be given of all meetings as required by state law Section 23 VOTING Disqualification and Abstention. No City Councilman shall be permitted to disqualify himself if such disqualification results in a tied vote unless such disqualification shall have been approved by the City Attorney or by vote of the remainder of the Council. Unexcused disqualification and abstentions shall be counted by the City Clerk as a vote in favor ofthe particular motion. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 24th day of May 1965. ATTEST /19 lC CLERK OF THE ITY OF CYPRESS STATE OF CALIFORNIA) SS COUNTY OF ORANGE ) N MAYOR OF THE CITY 'OF CYPRESS I DARRELL ESSEX, City Clerk of the City of Cypress DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the said City Council held on the 24th day of May 1965 by the following vote AYES 5 COUNCILMMEN Corzeman Hanel : ]cCarney, Wright and Noe NOES 0 COUNCILMEN None ABSENT* 0 COUNCILMEN None CI Y CLEPK OF T CITY OF CYPRESS Ordinanra Nn_ 'AS