CC Resolution 1991-112"@ II
RESOLUTION *
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA ADOPTING RULES OF PROCEDURE FOR COUNCIL
MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES.
WHEREAS, Section 2.04.040 of the Municipal Code requires that
the City Council adopt Rules of Procedure to govern the conduct of
its meetings and any of its other functions and activities, and
regulations pertaining thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta that Rules of Procedure for City Council meetings and
related functions and activities are hereby adopted, to read, as
follows:
PURPOSE: The purpose and intent of the City Council in adopting
the within rules 3hall be to provide directory
guidelines relating to the conduct of the public
business by or on behalf of the City Council, and in
the event of any noncompliance with or violation of
any provision herein, such will not be deemed to
affect the validity of any action taken, unless
otherwise specifically provided by law.
1. M E E T I N G S
1.1 REGULAR MEETINGS:
The City Council of the City of La Quinta shall hold regular
meetings in the place specified in the Municipal Code, on the first
and third Tuesdays of each month at 3:00 p.m. with public hearings
being scheduled for 7:00 p.m. When the day for a regular meeting of
the Council falls on a legal holiday, no meeting shall be held on
that day; rather, such meeting shall be held at the same hour on the
next succeeding day thereafter that is not a holiday.
1.2 ADJOURNED MEETINGS:
Any meeting may be adjourned to a time, place, and date
certain, but not beyond the next regular meeting. Once adjourned,
the meeting may not be reconvened.
1.3 SPECIAL MEETINGS:
Special Meetings may be called by the Mayor or majority of
Councilmembers on 24-hour notice, as set forth in Section 54956 of
the Government Code of the State of California. Only matters
BIB]
08-03-1998-U01
09:34:28AM-U01
ADMIN-U01
CCRES-U02
91-U02
112-U02
"@ 5
RESOLUTION NO. gi-112
Page Two
contained in the notice may be considered and no ordinances other
than urgency ordinances) may be adopted. Notice of special meetings
shall be posted in accordance with Section 1.5.
1.4 STUDY SESSIONS:
Members of the Council may meet in a regular Study Session
during its' regular meeting at 3:00 p.m. on the first and third
Tuesday of each month. Other Study Sessions may be called on an *as
needed'1 basis.
1.5 NOTICE OF MEETINGS. POSTING OF AGENDAS:
The City Clerk, or her designee, shall post a meeting agenda in
the following two locations at least 72 hours before each regular
meeting of the City Council, to wit: 1) on the door of the City
Council meeting room at City Mall; and 2) on the public bulletin
board located at the La Quinta Chamber of Comerce. The City
Council finds and determines that both locations are freely
accessible to the public and the Council further finds and
determines that the City is legally required to post an agenda only
at the City Hall location and this direction to post in both
locations is directory only and not mandatory. Following posting of
said agenda, the City Clerk or her designee, shall sign a
declaration of the time and place of the posting of the said agenda
and shall retain said declaration of posting as a public record as
part of the council meeting record to which the posting relates.
The provisions of this section as to place of posting and
declaration of posting shall also apply to the special meeting
posting requirements of Government Code 54956. To the extent not
required by state law, the provisions hereof are directory only.
1.6 QUORUM:
Unless otherwise provided for in the Municipal Code, a majority
of the Council shall be sufficient to do business and motions may be
passed 21 if only 3 attend. The following matters, however,
require three affirmative votes: a) adoption of ordinances, b)
resolutions granting franchises, and c) orders for payment of money.
If a majority of the Council shall be disqualified to vote on a
matter by reason of actual or apparent conflict of interest, the
Council shall select by lot or other means of random selection, or
by such other impartial and equitable means as the Council shall
determine, that number of its disqualified members which, when added
to the members eligible to vote, shall constitute a quorum.
1.7 MEETINGS TO BE PUBLIC:
Study Sessions and all regular, adjourned or special meetings
of the City Council shall be open to the public, provided, however,
the Council may hold closed sessions from which the public may be
excluded, which closed sessions shall only be held in accordance
with the provisions of the Brown Act Government Code 54950 etc.).
BIB]
08-03-1998-U01
09:34:28AM-U01
ADMIN-U01
CCRES-U02
91-U02
112-U02
"@ A
RESOLUTION NO. 91-112
Page Three
1.8 CLOSED SESSION MINUTES:
Pursuant to Section 54957.2 of the California Government Code,
the City Clerk of the City of La Quinta may be required to attend a
closed session of the City 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 Government Code.
2. 0 R D E R 0 F B U S I N E S S
2.1 AGENDA:
The Order of Business of each meeting shall be as contained in
the Agenda prepared by the City Clerk. The Agenda shall be a
listing by topic of the subjects which shall be taken up for
consideration'in the following order:
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
ANNOUNCEMENTS
PRESENTATIONS
WRITTEN COMMUNICATION
BUSINESS SESSION
CONSENT CALENDAR
STUDY SESSION
REPORTS AND INFORMATIONAL ITEMS
DEPARTMENTAL REPORTS
MAYOR AND COUNCIL MEMBERS ITEMS
PUBLIC COMMENT
COUNCIL COMMENT
PRESENTATIONS
PUBLIC HEARINGS
PUBLIC COMMENT
COUNCIL COMMENT
CLOSED SESSION
ADJOURNMENT
Except with majority consent of the Council, items may not be taken
out-of order.
2.2 DELIVERY OF AGENDA:
Barring insurmountable difficulties, the Agenda shall
ordinarily be delivered to Councilmembers each Friday preceding the
Tuesday meeting to which it pertains.
The Agenda shall also be available to the general public at the time
it is delivered to the City Council.
BIB]
08-03-1998-U01
09:34:28AM-U01
ADMIN-U01
CCRES-U02
91-U02
112-U02
"@ 5
RESOLUTION NO. 91-112
Page Four
2.3 ROLL CALL:
Before proceeding with the business of the Council, the City
Clerk shall call the roll of the Councilmembers and the names of
those present shall be entered in the minutes. The order of roll
call shall be alphabetical with the Mayor called last.
2.4 APPROVAL OF MINUTES:
Unless requested by a majority of the City Council, minutes of
the previous meeting may be approved without public reading if the
clerk has previously furnished each Councilmember with a copy
thereof.
2.5 PUBLIC HEARINGS:
Generally, public hearings shall be conducted in the following
order:
Hearing opened by Mayor
Staff presentation
Questions of Staff by Council
Public testimony opened by Mayor
Public testimony
Hearing closed
Questions by Council
Discussion by Council
Action by Council
Questions or coments from the public shall be limited to the
subject under consideration. Depending upon the extent of the
agenda, and the number of persons desiring to speak on an issue, the
Mayor may, at the beginning of the hearing, limit testimony, but in
no event to less than 5 minutes per individual, and 30 minutes total
for an applicant's total presentation. Any person may speak for a
longer period of time, upon approval of the City Council, when this
is deemed necessary in such cases as when a person is speaking as a
representative of a group or has graphic or slide presentations
requiring more time. Quasi-judicial hearings shall be conducted in
accordance with the principles of due process, and the City Attorney
shall advise the City Council in this regard.
2.6 PUBLIC COMMENT:
Pursuant to Government Code 54954.3, each agenda for a regular
meeting shall provide an item entitled Public Comment". The
purpose of such item shall be to provide an opportunity for members
of the public to directly address the City Council on items of
interest to the public that are within the subject matter
jurisdiction of the City Council. In order to assure that the
intent of Government Code 54954.3 is carried out, the following time
periods are hereby provided for public comment or discussion:
thirty 30) minutes is the tota* amount of time allocated for public
testimony on a particular issue; and three 3) minutes is the amount
of time allocated for each individual speaker.
BIB]
08-03-1998-U01
09:34:28AM-U01
ADMIN-U01
CCRES-U02
91-U02
112-U02
"@ 5
RESOLUTION NO. 91*112
Page Five
Government Code 54954.2 provides that no action shall be taken
on any item not appearing on the agenda unless the action is
authorized by Government Code 54954.2 b). On items of public
coment or discussion, any matter raised by the public which does
not specifically appear on the agenda shall1 upon direction of any
Councilmember, be automatically referred to the staff or placed on
the next meeting's agenda. It is hereby determined that such
requests or direction by a Councilmember shall not be considered
action taken by the Council on said item raised by the public.
Further, Council discussion of the matter shall not be considered
action taken.
2.7 CONSENT AGENDA:
Items of routine nature, and non-controversial, shall be placed
on the consent agenda. All items may be approved by one blanket
motion upon unanimous consent. Prior to, or following review of,
the consent agenda by the City Manager, any Councilmember may
request that any item be withdrawn from the consent agenda for
separate consideration. However, any Councilmember may abstain from
voting on any consent agenda, and the City Clerk shall be instructed
to record such abstentions in the minutes.
3. PRESIDING OFFICER
3.1 PRESIDING OFFICER:
The Mayor shall be the Presiding Officer at all meetings of the
Council. In the absence of the Mayor, the Mayor pro tern shall
preside. In the absence of both the Mayor and the Mayor pro tem,
the Council shall elect a temporary presiding officer to serve until
the arrival of the Mayor or Mayor pro tern or until adjournment.
In accordance with Government Code Section 36801, the Council
shall meet on the Tuesday after each general municipal election and
choose one of its number as mayor pro tem. Each selection shall be
by three or more affirmative votes, and a failure to achieve such
total of affirmative votes, shall be deemed a selection of the
incumbent(s) to remain in office. Each person 50 selected shall
serve until a successor is chosen at any time) by three or more
affirmative votes, provided, that at the first regular meeting in
November of each odd numbered year, the office of mayor pro tern
shall automatically be reconsidered by the Council.
3.2 CALL TO ORDER:
The meeting of the Council shall be called to order by the
Mayor or, in his absence, by the Mayor pro tern. In the absence of
both the Mayor and the Mayor pro tern, the meeting shall be called to
order by the City Clerk, whereupon the City Clerk shall immediately
call for the selection of a temporary Presiding Officer.
BIB]
08-03-1998-U01
09:34:28AM-U01
ADMIN-U01
CCRES-U02
91-U02
112-U02
"@ 5
RESOLUTION NO. 91-112
Page Six
3.3 PARTICIPATION OF PRESIDING OFFICER:
The Presiding Officer may move, second, and debate from the
Chair, subject only to such limitations of debate as are imposed on
all Councilmembers, and he shall not be deprived of any of the
rights and privileges of a Councilmember by reason of his acting as
Presiding Officer. However, the Presiding Officer is primarily
responsible for the conduct of the meeting. If he desires to
personally engage in extended debate on questions before the
Council, he should consider turning the Chair over to another member.
3.4 QUESTION TO BE STATED:
The Presiding Officer shall verbally restate each question
immediately prior to calling for the vote. Following the vote the
Presiding Officer shall verbally announce whether the question
carried or was defeated. The Presiding Officer may also publicly
state the effect of the vote for the benefit of the audience before
proceeding to the next item of business.
3.5 SIGNING OF DOCUMENTS:
The Mayor, or Mayor pro tem, in the absence of the Mayor, shall
sign ordinances adopted by the City Council. The City Clerk, or
Deputy City Clerk, shall attest to the signature of the Mayor or
Mayor pro tem.
3.6 MAINTENANCE OF ORDER:
The Mayor or Presiding Officer is responsible for the
maintenance of order and decorum at all times. No person is allowed
to speak who has not first been recognized by the Chair. All
questions and remarks shall be addressed to the Chair.
4. R U L E S, D E C 0 R U M, A N D 0 R D E R
4.1 POINTS OF ORDER:
The Presiding Officer shall determine all Points of Order
subject to the right of any member to appeal to the Council. If any
appeal is taken, the question shall be, tiShall the decision of the
Presiding Officer be sustained?" in which event a majority vote
shall govern and conclusively determine such question of order.
4.2 DECORUM AND ORDER COUNCILMEMBERS:
a) Any Councilmember desiring to speak shall address the
Chair and, upon recognition by the Presiding Officer, shall confine
himself to the question under debate.
BIB]
08-03-1998-U01
09:34:28AM-U01
ADMIN-U01
CCRES-U02
91-U02
112-U02
"@ * 5
RESOLUTION NO. 91-112
Page Seven
b) A Councilmember, once recognized, shall not be interrupted
while speaking unless called to order by the Presiding Officer;
unless a Point of Order is raised by another Councilmember; or
unless the speaker chooses to yield to questions from another
Councilmember.
C) Any Councilmember called to order while he is speaking
shall cease speaking immediately until the question of order is
determined. If ruled to be in order, he shall be permitted to
proceed. If ruled to be not in order, he shall remain silent or
shall alter his remarks so as to comply with rules of the Council.
d) Councilmembers shall accord the utmost courtesy to each
other, to city employees, and to the public appearing before the
Council and shall refrain at all times from rude and derogatory
remarks, reflections as to integrity, abusive coments and
statements as to motives and personalities.
e) Any Councilmember may move to require the Presiding
Officer to enforce the rules and the affirmative vote of a majority
of the Council shall require him to so act.
4.3 DECORUM AND ORDER EMPLOYEES:
Members of the administrative staff and employees of the City
shall observe the same rules of procedure and decorum applicable to
members of the Council. The City Manager shall insure that all City
employees observe such decorum. Any staff members, including the
City Manager, desiring to address the Council or members of the
public shall first be recognized by the Chair. All remarks shall be
addressed to the Chair and not to any one individual Councilmember
or member of the public.
4.4 DECORUM AND*ORDER PUBLIC:
Members of the public attending Council meetings shall observe
the same rules. of order* and decorum applicable to the Council. Any
person making impertinent and slanderous remarks or who becomes
boisterous while addressing the Council or while attending the
Council meeting shall be removed from the room if the
sergeant-of-arms is so directed by the Presiding Officer, and such
person may be barred from further audience before the Council.
Unauthorized remarks from the audience, stamping of feet, whistles,
yells and similar demonstrations shall not be permitted by the
Presiding officer1 who may direct the sergeant-of-arms to remove
such offenders from the room. Aggravated cases shall be prosecuted
on appropriate complaint signed by the Presiding Officer.
4.5 ENFORCEMENT OF DECORUM:
The head of the City's police agency or his designee shall be
ex-officio sergeant-of-arms of the Council. He shall carry out all
BIB]
08-03-1998-U01
09:34:28AM-U01
ADMIN-U01
CCRES-U02
91-U02
112-U02
"@ 5
RESOLUTION NO. Q1-119
Page Eight
orders and instructions given him by the Presiding Officer for the
purpose of maintaining order and decorum in the Council Chambers.
Upon instructions from the Presiding Officer, it shall be the duty
of the sergeant-of-arms or his representative to eject any person
from the Council Chambers or place him under arrest or both.
As set forth in Government Code Section 54957.9, in the event
that any meeting is willfully interrupted by a group or groups of
persons so as to render the orderly conduct of such meeting
unfeasible and order cannot be restored by the removal of
individuals who are willfully interrupting the meeting, the members
of the Council may order the meeting room cleared and continue in
session. Only matters appearing on the agenda may be considered in
such a session. Duly accredited representatives of the press or
other news media, except those participating in the disturbance,
shall be allowed to attend any session held pursuant to this
section. Nothing in this section shall prohibit the Council from
establishing a procedure for readmitting an individual or
individuals not responsible for willfully disturbing the orderly
conduct of the meeting.
4.6 PERSONAL PRIVILEGE:
The right of a member to address the council on a question of
personal privilege shall be limited to cases in which his integrity,
character, or motives are assailed, questioned or impugned.
4.7 CONFLICT OF INTEREST:
All Councilmembers are subject to the provisions of California
Law, such as Chapter 7, Title 9, of the California Government Code,
relative to conflicts of interest, and to conflicts of interest
codes adopted by the Council. Any Councilmember prevented from
voting because of a conflict of interest shall refrain from debate
and voting. Such Councilmember may choose to leave the Council
Chambers during debate and voting on the issue.
* 4.8 LIMITATION OF DEBATE:
No Councilmember normally should speak more than once upon any
one subject until every other member choosing to speak thereon has
spoken. No member shall speak for a longer time than five minutes
each time he has the floor, without the approval of a majority vote
of the Council.
4.9 DISSENTS AND PROTESTS:
Any member shall have the right to express dissent from or
protest to any action of the Council and have the reason entered in
the minutes. If such dissent or protest is desired to be entered in
the minutes, this should be made clear by language such as, I would
like the minutes to show that I am opposed to this action for the
following reasons * * I,
BIB]
08-03-1998-U01
09:34:28AM-U01
ADMIN-U01
CCRES-U02
91-U02
112-U02
"@ 5
RESOLUTION NO. 91-112
Page Nine
4.10 PROCEDURES IN ABSENCE OF RULES:
In the absence of a rule herein to govern a point or procedure,
Robert's Rules of Order, Newly Revised, shall be used as a guide.
4.11 RULINGS OF CHAIR FINAL UNLESS OVERRULED:
In presiding over Council meetings, the Mayor, Mayor pro tern or
temporary Presiding Officer shall decide all questions of
interpretation of these rules, points of order or other questions of
procedure requiring rulings. Any such decision or ruling shall be
final unless overridden or suspended by a majority vote of the
Councilmembers present and voting, and shall be binding and legally
effective even though clearly erroneous) for purposes of the matter
under consideration.
5. A D D R E S S I N G T H E C 0 U N C I L
5.1 MANNER OF ADDRESSING THE COUNCIL:
Any member of the public desiring to address the Council shall
proceed to the podium and wait to be recognized by the Presiding
Officer. After being recognized, he shall state his name and
address for the record.
All remarks and quest*ons shall be addressed to the Chair and
not to any individual Councilmember, staff member or other person.
During a public hearing, all remarks shall be limited to the subject
under consideration. No person shall enter into any discussion
without being recognized by the Presiding Officer.
5.2 TIME LIMITATION:
For time limitation applicable to public hearings and public
comment, see Sections 2.5 and 2.6.
5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE:
After a motion has been made, or after a public hearing has
been closed, no member of the public shall address the Council
without first securing permission by a majority vote of the Council.
5.4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS:
The making of oral communications to the Council by any member
of the public during the Public Comments11 and/or 1public Reports
and Requests'1 portions of the agenda shall be subject to the
following limitations:
5.4.1. At any time, before or after the oral communication
is commenced, the Presiding Officer may if he deems it preferable,
BIB]
08-03-1998-U01
09:34:28AM-U01
ADMIN-U01
CCRES-U02
91-U02
112-U02
"@ 5
RESOLUTION NO. 91-112
Page Ten
direct that the communication be made instead either to the City
Manager or other appropriate staff member during regular business
hours, or in writing for subsequent submittal to Councilmembers,
pursuant to Section 5.5.
5.4.2. No speaker shall be permitted to address the
Council on a topic which is currently before or about to be
submitted for consideration by a City commission, board or other
agency before which the speaker should make his presentation, until
that latter body has completed its deliberations and taken its final
action. In case the speaker should have followed an otherwise
available appeal procedure, the Presiding Officer shall not allow
oral communication to the Council outside that procedure.
5.4.3. The Presiding Officer may limit the number of
speakers heard on non-agenda topics at any single meeting. Those
whose presentations are postponed shall be given priority at the
next meeting during the Public Comments").
5.4.4. If it appears that several speakers desire to speak
regarding a single topic, the Presiding Officer may reasonably limit
the number speaking as to each side of an issue. In this regard,
preference may be given to speakers who represent groups of persons
who have designated a spokesman.
5.5. WRITTEN CORRESPONDENCE:
The City Manager is authorized to receive and open all mail
addressed to the Council as a whole and give it immediate attention
to the end that all administrative business referred to in said
communications, and not necessarily requiring Council action, may be
disposed of between Council meetings. A copy of such communication
shall be sent to each Councilmember marked *`Information Only."
Any communication relating to a matter pending, or to be brought
before the City Council shall be included in the agenda packet for
the meeting at which such item is to be considered.
Letters of appeal from administrative or commission decisions shall
be processed under applicable provisions of the Municipal Code, or
other ordinances.
Copies of all other communications sent to the Council will be
transmitted to them.
5.6 PERSONS AUTHORIZED TO BE WITHIN PLATFORM:
No person except City officials shall be permitted within the
platform area in front of the Council table without the invitation
or consent of the Presiding Officer.
6. M 0 T I 0 N S
BIB]
08-03-1998-U01
09:34:28AM-U01
ADMIN-U01
CCRES-U02
91-U02
112-U02
"@ 5
RESOLUTION NO. 91-112
Page Eleven
6.1 PROCESSING OF MOTIONS:
When a motion is made and seconded, it shall be stated by the
Presiding Officer before debate. A motion so stated shall not be
withdrawn by the mover without the consent of the person seconding
it.
6.2 MOTIONS OUT OF ORDER:
The Presiding Officer may at any time, by majority consent of
the Council, permit a member to introduce an ordinance, resolution,
or motion out of the regular agenda order.
6.3 DIVISION OF QUESTION:
If the question contains two or more divisional propositions,
the Presiding Officer may, and upon request of a member shall
unless appealed), divide the same.
6.4 PROCEDURE OF MOTIONS:
When a motion is before the Council, no motion shall be
entertained except the following, which shall have precedence in the
following order:
a. Adjourn
b. Fix hour of adjournment
C. Table
d. Limit or terminate discussion
e. Amend
f. Postpone
6.5 MOTION OF ADJOURN: not debatable)
A motion to adjourn shall be in order at any time, except as
follows:
a. When repeated without intervening business or discussion.
b. When made as an interruption of a member while speaking.
C. When discussion has been ended, and vote on motion is
pending, and
d. While a vote is being taken.
A motion to adjourn 1to another time" shall be debatable only as to
the time to which the meeting is adjourned.
6.6 MOTION TO FIX HOUR OF ADJOURNMENT:
Such a motion shall be to set a definite time at which to
adjourn and shall be undebatable and shall be unamendable except by
unanimous vote.
6.7 MOTION TO TABLE:
A motion to table shall be used to temporarily by-pass the
subject. A motion to table shall be undebatable and shall preclude
BIB]
08-03-1998-U01
09:34:28AM-U01
ADMIN-U01
CCRES-U02
91-U02
112-U02
"@ 5
RESOLUTION NO. 91-112
Page Twelve
all amendments or debate of the subject under consideration. If the
motion shall prevail, the matter may be taken from the table" at
any time prior to the end of the next regular meeting.
6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION:
Such a motion shall be used to limit or close debate on, or
further amendment to, the main motion and shall be undebatable. If
the motion fails, debate shall be reopened; if the motion passes, a
vote shall be taken on the main motion.
6.9 MOTION TO AMEND:
A motion to amend shall be debatable only as to the amendment.
A motion to amend an amendment shall be in order, but a motion to
amend an amendment to an amendment shall not be in order. An
amendment modifying the intention of a motion shall be in order, but
an amendment relating to a different matter shall not be in order.
A substitute motion on the same subject shall be acceptable, and
voted on before a vote on the amendment. Amendments shall be voted
first, then the main motion as amended.
6.10 MOTION TO CONTINUE:
Motions to continue to a definite time shall be amendable and
debatable as to propriety of postponement and time set.
7. V 0 T I N G P R 0 C E D U R E
7.1 VOTING PROCEDURE:
In acting upon every motion, the vote shall be taken by
electronic voting. In the event the electronic voting machine is
not functioning, the vote shall be taken by voice or roll call or
any other method by which the vote of each Councilmember present can
be clearly ascertained. The vote on each motion shall then be
entered in full upon the record. The order of voting shall be
alphabetical with the Mayor voting last. The Clerk shall call the
names of all members seated when a roll call vote is ordered or
required. Members shall respond aye', no' or abstain', provided
that when a vote is collectively taken by voice or when a method of
voting other than by voice or roll call is used, any Councilmember
not audibly and clearly responding no' or abstain' or otherwise
registering an objection shall have his vote recorded as aye'.
Every ordinance and any resolutions or orders for franchises or
payments of money require three affirmative votes. Any member may
change his vote before the next order of business.
7.2 FAILURE TO VOTE:
Every Councilmember should vote unless disqualified for cause.
A Councilmember who abstains shall, for purpose of the item under
consideration, be considered as if absent.
BIB]
08-03-1998-U01
09:34:28AM-U01
ADMIN-U01
CCRES-U02
91-U02
112-U02
"@
JI
RESOLUTION NO. gi-ii*
Page Thirteen
7.3 RECONSIDERATION:
Any Councilmember who voted with the majority may move a
reconsideration of any action at the same or following meeting.
After a motion for reconsideration has once been acted upon, no
other motion for a reconsideration thereof shall be made without
unanimous consent of the Council.
7.4 TIE VOTES:
Tie Votes shall be lost motions. When all Councilmembers are
present, a tie vote on whether to grant an appeal from official
action shall be considered a denial of such appeal, unless the
Council takes other action to further consider the matter. If a tie
vote results at a time when less than all members of the Council are
present, the matter shall automatically be continued to the agenda
of the next regular meeting of the Council, unless otherwise ordered
by the Council.
8. R E S 0 L U T I 0 N S
8.1 DEFINITIONS:
As a rule of thumb, it can be said that legislative acts of the
City Council usually a rule of public conduct for long-term
application) are taken by ordinance, whereas more routine business
and administrative matters usually more temporary and transitory in
nature) are accomplished by resolutions't. The term resolution" in
its general sense will denote* any action taken affirmatively via a
vote of the Council, other than one taken by ordinance. As used in
this City, however, three terms are in general use to denote such
non-ordinance) actions: resolution"1 minute order", and motion"
thereafter recorded by minute entry). Technically, all three are
equally as legally effective and binding; they just vary in the
formality of respective memorialization. The most formal is
referred to locally as a 1resolution". This, in addition to being
referenced in the minutes, will be recorded by a separate document,
numbered in sequence and preserved in a separate set of books. Such
resolutions" are used in this City for various reasons, such as
when specifically required by law, when needed as a separate
evidentiary document to be transmitted to another governmental
agency, or where the frequency of future reference back to its
contents warrants a separate document with the additional whereas"
explanatory material it often recites) to facilitate such future
reference and research.
A minute order" as used locally denotes a Council action which is
recorded simply by an item entry in the minutes of the meeting at
BIB]
08-03-1998-U01
09:34:28AM-U01
ADMIN-U01
CCRES-U02
91-U02
112-U02
"@ a
RESOLUTION NO. gi-ii*
Page Fourteen
which it was accomplished, and no separate document is made to
memorialize it. However, sequential numbering shall be assigned to
each motion to facilitate indexing.
8.2 RESOLUTIONS PREPARED IN ADVANCE:
Where a resolution has been prepared in advance, the procedure
shall be.* motion, second, discussion, vote pursuant to methods
prescribed in Section 7.1, and result declared. It shall not be
necessary to read a resolution in full or by title except to
identify it. Any member may require that the resolution be read in
full.
8.3 RESOLUTIONS NOT PREPARED IN ADVANCE:
Where a resolution has not been prepared in advance, the
procedure shall be to instruct the City Manager or the City Attorney
to prepare a resolution for presentation at the next Council meeting.
8.4 URGENCY RESOLUTIONS:
In matters of urgency, a resolution may be presented verbally
in motion form together with instructions for written preparation
for later execution. After the resolution has been verbally stated,
the voting procedure in 8.2 above shall be followed.
Urgency resolutions shall be avoided except when absolutely
necessary; and shall be avoided entirely when resolutions are
required by law, in improvement acts, zoning matters, or force
account work on public projects. Where the resolution has been
drafted in written form, either before or during the meeting, this
paragraph shall not be deemed applicable.
9. 0 R D I N A N C E S
9.1 INTRODUCTION AND ADOPTION OF ORDINANCES:
Ordinances shall not be passed within five days of their
introduction, nor at other than a regular meeting or at an adjourned
regular meeting. However, an urgency ordinance may be passed
immediately upon introduction and either at a regular or special
meeting. When ordinances, other than urgency ordinances, are
altered after introduction, they shall be passed only at a regular
or at an adjourned regular meeting held at least five days after
alteration.
Corrections of typographical or clerical errors are not alterations
within the meaning of this section.
BIB]
08-03-1998-U01
09:34:28AM-U01
ADMIN-U01
CCRES-U02
91-U02
112-U02
"@ II
RESOLUTION NO. 91-112
Page Fifteen
9.2 EFFECTIVE DATE:
All ordinances, except as provided in Section 36937 of the
Government Code, shall take effect 30 days after adoption, but may
be made operative at such later date as may be designated in the
ordinance.
9.3 PUBLISHING;
It shall be the duty of the City Clerk to post or publish all
ordinances in accordance with Section 36933 of the Government Code
within 15 days after adoption.
10. R U L E S D I R E C T 0 R Y
To the extent not required by state laws, these rules of
procedure shall be considered directory only; and compliance
herewith shall not be considered mandatory or jurisdictional.
APPROVED and ADOPTED THIS 17t* day of D*c'emb*r. iggiby the
following vote.
AYES: Council Members Bohnenberger, Franklin,Rushworth,Sniff &
NOES: None Mayor Pena
ABSENT: None
ABSTAIN: None
City of La Quinta, California
AT*T:
*RAL.J***yClerk
City of La Quinta, California
APPROVED AS TO FORM:
STRADLING, YOCCA, CARLSON & RAUTH
City Attorneys
BIB]
08-03-1998-U01
09:34:28AM-U01
ADMIN-U01
CCRES-U02
91-U02
112-U02