CC Resolution 1982-014 Rules of Procedure& RESOLUTION? No. 62- 1?
RESOLUTION OF THE CITY uNClL OF
LA QUINTA, CALlFO??NIA, ADOPTINQ
RULES OF PROCEDURE FC? C!L ETING?
ANO RELATED UNCTIONS 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 End ny of its other funct ions and
act ivi tiCS, and regu lEt ions pertainin? thereto,
1'0. THEREFCRE, 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 act iv ties are
hereby adopted, to read, as fol lows'
PURPOSE: The purpose and intent of the City Council in
adopting the within rules shall be to provide
directory guide! meg 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 an,y provision herein, such
will not be deemed to affect the validity of any
action ta?en, unless otherwise specificallv
provided by law.
1. ME 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 7:30 P.M. When the day for a regular meeting of
the Council fal Is on a legal holiday, no meeting shall be
held on such holiday, but a regular meeting shall be held Rt
the same hour on the ne?t succeeding day thereafter that is
not a holiday.
1.2 ADQOURNED 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.
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& 1.3 SPECIAL ME?TINGS.
Special Meetinqs may be called by the Mayor or
majority of Counci Imembers on 24-hour not ice, as set forth
in 5ection 54956 of the Government Code of the State of
Ca I if or n i a. On y matter S Con t a in ed in the not i cc may be
considered and no ordinances other than urgency ordinances)
may be adopted.
1.4 STUDY SESSIO'IS.
Members of the Council may meet in a requ lar Study
Session at 11:00 a.m.in its regular place each fir?t and third
onday of each month. See 10.1)
1.5 NOTICE ETlNGS.
Notice of regular meetings or regular study sessions
is not required. Mailed or personally delivered not ice is
required of special meetings. Ma led and posted notice is
required of meetings adjourned by the city clerk. Posted
not ice is required of al other adjourned meetings.
Section 54955 Government Code)
1.6 QUO?L?.
Unless otherwise provided for in the Municipal Code, a
majority of the Council shall be sufficient to do business
and motions may be passed 2-1 if only 3 attend. The
fol lowing matters, however, require three ff irm?t I ve votes..
a) adopt ion of ordinances, b) resolutions granting
franchises and c) orders for payment of money.
1.6.1 Legally equired Participation
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 select ion, 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 B? PUBLIC.
Study Sessions and all regular, adjourned or special
meet ngs of the City Council shall be open to the pub Ii c
provided, however, the Council may hold executive sessions
from which the publI? may be excluded for the consideration
of the following subjects:
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& 1.7.1 Personnel Matters:
To consider appointment, employment, or dismissal of a
public employee or to hear complaints or charges brought
against such person or employee by another employee unless
such employee requests a public hearing. The Council may
exclude from any such executive session during the
examination of a witness any or all other witnesses in the
matter being investigated.
1.7.2 Attorney-Client Matters..
To consider possible or pending litigation in which
the City is or could be a party.
i.8 EXECUTIVB SESSION MINUTES
Pursuant to Section 957.2 of the California
Government Code, the city clerk of the City of La Quinta
may be required to attend an executive 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 said section of the Government Code.
2. 0 R D F R 0 F B U S I NE 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
Flag Salute
ROLL CALL
PUBLIC COMMENT
WRITTEN COMMUNICATIONS
CO??ENT BY COUNCIL MEMBERS
IEARINGS
CONSENT CALENDAR
Approval of Minutes
BUSINESS SESSION
ADJOURNMENT
Except with majority consent of the Council, items may not
be taken out of order.
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&* No matters other than those on the agenda shall be
finally acted upon by the Council; provided, however, that
matters not on the agenda but deemed to be emergencies or of
an urgent nature by any Imember the city manager, or
the city attorney, or such other matters which shall have
been discussed at the preceding study session, may be
submitted for Council cons iderat ion and action.
2.2 D?LlVERY OF AGENDA.
Barring insurmountable difficultie?, the Agenda shall
ordinarily be delivered to Counci Imembers each Friday
preceding the Tuesday meeting to which it pertains.
The Agenda shall also be avEi lable to the general public at
the time it is delivered to the City Council
2.3 ROLL CALL
Before proceeding with the business of the Council,
the city clerk shall cal I the roll of the Counci Imembers and
the names of those present shall be entered in the minutes.
The order of roll cal I 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 ha? previously furnished each
Counci Imember With a copy thereof.
2.5 PUBLIC HEARINGS.
Generally, public hearings, other than those of a
quasi-judicial nature, shall be conducted in the following
order:
Staff review
Questions of Staff by Council
Hearing opened by Mayor
If desired, hearing closed
Questions by Council
Discuss ion by Council
Act ion by Council
Questions or corTrnents from the public shall be limited to
the subject under cons iderat ion. 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 hear mg,
limit testimony, but in no event to less than 5 minutes per
individual. Any person may speak for a longer period of
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&time, upon approval of the City Council, when this is deemed
necessary in such cases G5 when a person is speaking as a
representative of a group or has graphic or slide
presentations requiring more time.
uasi judicial hearings shal I be conducted in accordance
with the principles of due process, End the city attorney
shall advise the City Counci in this reg?rd.
2.6 PUBLIC a3??NTs:
Any person may address the Council on any subject
pertaining to City busihess, whether listed on the agenda or
not, during the Public Cormients portion of the meeting. A
limitation of 3 minutes shall be imposed upon each person so
desiring to address the Council during the first Public
CorrTnents designation on the agenda. Members of the public
may speak at greater length at the end of the agenda. 5ee
5.2)
2.7 SENT AC?NDA
Items of rout inc 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 rev jew of, the consent agenda by the city manager,
any Counci Imember may request that any item be withdrawn
from the consent agenda for separate consideration.
However, any Counci lr?ember may abstain from voting on any
consent agenda item without requesting its removal from the
consent agenda, and the city clerk shall be instructed to
record such abstentions in the minutes.
2.8 PRESENTATl()?? BY v?BERS THE UNCIL:
The mayor or any Counci Imember may bring before the
Council any new business under the Report and Requests
portion of the Agenda. These matters need not be
specif ic?l ly I isted on the Agenda, but formal action on such
matters shall be deferred until a subsequent Council meeting
unless deemed to be of an urgent nature or unless discussed
at the study session preceding such Council meeting.
3. PRES ID INC OFFICER
3.1 PRESIDING FICER:
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 tern., the Council shall elect a
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&temporary presiding off icer to serve unt I the arrival of
the Mayor or Mayor pro tern. or until adjournment.
In accordance with Government Code Sect ion 36B01 the
Council shall meet on the Tuesday after each general
municipal elect ion and choose one of its number as mayor and
one as mayor pro tern. Each select on sha I I be by three or
more affirmative votes, and a failure to achieve such total
of affirmative votes, shal be deemed a select ion of the
incumbent(s) to remain in office. Each person so selected
s h a II serve un t i I a S u c ce 55 or i S chosen at any time) by
three or more affirmative votes, provided, that at the first
regular meeting in April of each odd numbered year, the
office of mayor and mayor pro tern. shall automatically be
reconsidered by the Council.
3.2 CALL TO O?DER:
The meeting of the ounci I shall be cal led to order by
the Mayor Cr, in his absence, by the Mayor pro tern In the
absence of both the Mayor and the Mayor pro tem. the
meeting shall be called to order by the City ClerLc,
whereupon the City Clerk shall irmiediately call for the
select ion of a temporary Presiding Officer.
3.3 PARTlCIPATI? OF PR?SIDINC FICER
The Presiding Officer may move, second, and debate
from the Chair, subject only to such limitations of debate
as are imposed on Eli Counci Imembers, and he shall not be
deprived of any of the rights and privileges of a
Counci Imember 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 U?STI? TO STATED.
The Presiding Officer shall verbally restate each
quest ion i?ediateIy prior to calling for the vote.
Following the vote the residing Officer shall verbally
announce whether the quest ion 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 i tern of business.
3.5 SIGNING L*??NTS:
The Mayor, or Mayor pro tern., in the absence of the
Mayor, shall sign ordinances adopted by the City Council.
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&The City Clerk, or Deputy City Clerk, shall attest to the
Signature of the Mayor or Mayor pro tern.
3.6 lNTENANCE OF CRDER:
The Mayor or Presiding Officer is responsible for the
maintenance of order nd decorum at Eli times. No person is
BI lowed to speak who hR5 not first been recognized by the
Chair. All questions and remarks shall be addressed to the
Cha i r.
4. R U L S, D E C OR U M, A N D 0 D E R
4.1 POINTS OF CRDER.
The Presiding Officer shall determine all Points of
Order subject to the right of any member to appeal to the
Council. If any Bppeal is taken, the question shall be,
Shall the decision of the presiding Off i?er be susteined?"
in which event a majority vote shall govern and conclusively
determine such question of order.
4.2 DECO??LE? AND CRDER COUNC I BERS
a) Any Co unc i Imember desirIng to speak shEll address
the Chair End, upon recognition by the Presiding Officer,
shall confine himself to the question under debate.
b) A Counci Imember desiring to question the staff
shall address his question to the city manager or city
attorney, in appropr i ate cases, who sha I I be ent it led either
to answer the inquiry himself or to designate some member of
his staff for that purpose.
c) A Counc i Imember once recognized, shall not be
interrupted while speaking unless cal led to order by the
Presiding Officer; unless a Point of Order is raised by
another Counci Imember; or unless the speaker chooses to
yield to questions from another Counci Imember
d) Any Counci Imember cal led 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. f ruled to be not in order, he
shall remain silent or shall alter his remarks so as to
comply with rules of the Council
e) Counci Imembers 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, ref lect ions as to
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&inte?ri ty, abusive corTrnents and statements ES to motives and
personalities
f) Any Councilmember may move to require the
Presiding Officer to enforce the rules and the affirmative
vote of a m?jority of the Counci shall require him to so
act
4.3 DEQ??? AND CF?DER LOYEE5?
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 jndividu?l
Counci Imember or member of the public.
4.4 D?C(??I? AND RD?R 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
rem?rks or who becomes boisterous wh i le addressing the
Counci? 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, yel Is and
similar demonstrations shall not be permitted by the
Presiding Officer, 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 NFORCE?NT OF
The head of the City's police agency or his designee
shall be ex-off icic sergeant-of-arms of the Counci He
shall carry out all orders and instructions given him by the
Presiding Officer for the purpose of maintaining order and
decorum in the Council Chambers. Upon instruct ions from the
Presiding Officer, it shall be the duty of the
serge?nt-of-arms or his representative to eject any person
from the Council Chambers or place him under arrest or both.
As set forth in overnment 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 unfeas ible End order cannot be restored by the
removal of individuals who are willfully interrupting the
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& 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 a I I owed to at tend 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 PERS?AL PRIVILEGE.
The right of a member to address the Council on a
question of personal privilege shall be limited to c?ses in
which his integrity, character, or motives are assailed,
questioned or impugned.
4.7 CmFLICT OF INTEREST:
All Counci Imembers are subject to the provisions of
California Law, such as Chapter 7, Title 9, of the
California overnment Code, relative to conflicts of
interest, and to conflicts of interest codes adopted by the
Council. Any Counci Imember prevented from voting because of
a conflict of interest shall refrain from debate and voting.
Such Counci Imember may choose to leave the Council Chambers
during debate and voting on he issue.
4.6 L1MITATI? OF DE?ATE:
No Counci Imember normally should speak more th2n once
upon any one subject until every other member choosing to
speak thereon h?s spoken. No member shall spe?k 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 P?OTESTS.
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
4.10 PRCCEDURES IN ABSENCE OF RULES:
In the absence of a rule herein to govern a point or
procedure, Robert's Rules of Order, Newly Rev ised, shall be
used as a guide.
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& 4.11 RULING5 OF AIR FINAL UNLESS OVERRULED:
In presiding aver Council meetings, the Mayor, Mayor
pro tem. or temporary Presiding Officer shall decide RI!
quest on S of inter p ret st ion of these r U Ic S p0 in t S of order
or 0th e r q u e 5 t On S of pro cc d U r e req U i r I n g r U I I n g 5. Any such
decis ion or ruling shall be final unless overridden or
suspended by a majority vote of the Counci Imembers present
and voting, and shall be binding and legally effective even
though clear ly erroneous) for purposes of the matter under
consideration.
5. A D D R E S S I N G T H E S 0 U N C I L
5.1 M?NER OF A?>DRESSlN? THE CX)UNCIL'.
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 sha I I state his name and address for the
record.
All remarks and questions shall be addressed to the Chair
and not to any individual Counci Imember staff member or
other person. During a public hearing, all remarks shall be
limited to the subject under consideration. No person shall
enter in?o any discussion without being recognized by the
Presiding Officer.
5.2 TIME LIMITATIC?'?.
Any member of the public desiring to address the
Council shall limit his address to five 5) minutes unless
further time has been granted by the Presiding Officer in
the individual case, or in accordance with Section 2.5.
5.2.1 E?ception.
A limit of three minutes is imposed during the Public
Corrrrent? portion of the Egenda. See 2.6)
5.3 ADDRESSl?G THE m?CIL AFTER MOTION S MADE:
After a mo t i on has been made, or after a pub I i c
hearing has been closed, no member of the pub I Ic sha I I
address the Council without first securing permission by a
majority vote of the Council.
5.4 LIMITATIONS REGARDINC PUBL!C NTS AND REPCRTS
The ma?ing of oral corTTTIuniCEt ions to the Council by
any member of the public during the Pub I ic Co?ents" andi
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&or Public Reports end Requests'? portions of the agenda
shall be subject to the fol owing I imitations.
5.4.1 At any time, before or after the oral
corryrlunication is coiwnenced, the Presiding Officer may if he
deems it preferable, direct that the Corrrflunication be made
instead either to the city manager or other appropriate
st?ff member during regular business hours, or in writing
for subsequent submi tt?l to Counci Imembers 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 cons iderat ion by a City comniss ion, board or
other agency before wh ch the speaker should make his
presentation, until that latter body has completed its
del iberat ions and taken its final act ion. In case the
speaker should have followed an otherwise available appeal
procedure, the Presiding Officer shall not allow oral
comnunicBt ion 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 Corrrnents"
or Public Reports End Requests' port ions of the genda).
5.4.4 If it appears that several speakers desire to
speak regarding a single topic, the Presiding Officer may
reasonably I Lmit 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.
5.4.5 No oral comnunication shall be allowed to
include charges or complaints against any employee of the
City, regardless of whether such employee is identified in
the presentation by name or by any other reference which
tends to identify him. All charges or complaints against
employees shall be submitted to the city manager for
appropriate action, and may also be submitted to members of
the Council by written comnunicat ion.
5.5 ITTEN Oy?RESPC?D?NCE:
The city manager is authorized to receive and open all
mail addressed to the Council as a whole and give it
imnediate attention to the end that all administrative
business referred to in said cormiunicat ions, and not
necessarily requiring Council act ion, may be disposed of
between Council meetings. A copy of such corirnunicat ion
shall be sent to each Counci member marked Information
On I y
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&Any oriynunicat ion relat ir,g 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.
Let t e r 5 of app e a I from a dm1 n I S t rat I v e or corrmi 55 ion
decIsions shall be processed under appi icable provisions o?
the Municipal Code, or other ordinances.
Copies of all other corwnunicat ions sent to the Council will
be transmitted to them.
5.6 PERSONS AUTHORIZED TO BE WITHIN PLATFO?
No person except City officials shall be permitted
Wi thin the platform area in front of the Council table
WIthout the invi tat ion or consent of the Presiding Officer.
6. MO T I ON S
6.1 PR?SSlNO OF MDTIONS:
When a motion i S made end seconded, t sh a I I 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 MOTI?S OUT OF ORDER:
The Presiding Officer may at any time, by majority
consent of the Council, permit a member to introduce
anordinance, resolution, or motion out of the regular agenda
order.
6.3 D!VISI? OF QUESTION:
If the quest ion contains two or more divisionable
propositions, the Pres I ding Officer may, Rnd upon request of
a member shall unless appealed), divide the same.
6.4 PRECEDENCE OF TIONS:
When a motion is before the Counci no motion shal
be entertained except the following, which shall have
preceden?e in the fo I I ow ng o?der
a. Adjourn
b. FI? hour of adjournment
c. Table
d. Limit or terminate discussion
a. Amend
f. Postpone
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&
6.5 MOTICN TO AD3OLRN. not deb?table)
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 to another time' shall be debatable
only as to the time to which the meetin? is adjourned.
6.6 DTI()? TO FIX IOI? OF AD?Li?N?NT:
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.? MOTIC? TO TAB\:
A motion to table shall be used to temporarily by-pass
the subject. A motion to table shall be undebatable and
shall preclude 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 TI? TO LIMIT C? TERMINAT? DISCU5SI?.
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 fa ii S, debate shall be reopened;
if the motion passes, a vote shall be taken on the main
mo t on.
6.9 TI? TO ND.
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 intent ion
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 sha I I be acceptable, and voted on
before a vote on the amendment. Amendments shall be voted
first, then the main motion as amended.
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CITY-U04
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CITYCLKDOCS-U05
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& 6.10 TI? TO TINU?.
Motions to continue to a definite time she! I be
amendable end debatable as to propriety of postponement end
time set.
7. V 0 T I N C P R 0 C E D U R E
7.1 VOTING PRCCE[)LRE
In acting upon every motion, the vote shall be taken
by voice or roll call or any other method by which the vote
of each Counci Imember 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 shat call the names of
all members seated when a roll call vote is ordered or
required. Members shall respond aye', no' or abste in'
provided that when a vote is collectively taken by voice or
when a method of voting other than by voice or roll cal I is
used, any Counci Imember not audibly and clearly responding
* no' or abstain' or otherwise registering an objection
shall have his vote recorded as aye
*7.2 ROLL CALL VOTING:
E?ery ordinance and any resolutions or o?ders for
franchises or payments of money require three ff irmative
votes. A roll call vote shall be used for these changes.
Any other quest ion before the Council shall not require 9
roll call vote unless demanded by any member. It sh?al I not
be in order for members to explain their vote during roll
call. Any member may change his vote before the next order
of business.
7.3 FAILLRE TO VOTE.
Every Counci Imember should vote unless disqualified
for cause. A Counci Imember who abstains shall' for purpose
of the i tern under cons iderat ion, be considered as if absent.
7.? RE?S?DERATI?. ji
Any Council member who voted with the rnajor;(ty may
move a r cc on S i de rat i on of en y act ion at the same meet i ng.
After a motion for reconsideration has once been acted upon,
no other mo t ion for a r e cons i de rat i on thereof S hal I be made
without unanimous consent of the Council.
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& 7.5 TIE VOTES.
Tie votes shall be lost motions. When all
Counci Imembers are present, a tie vote on whether to grant
an appeal from official act ion 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.
R E S 0 L U T I 0 N S
8.1 DEFIN?TI?S:
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 r?utine business and dministrat ive matters usually
more temporary and trans i tory in nature) are ac comp I i shed by
resolutions". 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) act ions. resolution", minute order", and
mot ion" 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 resolution". This, in addition to being referenced in
the minutes, will be recorded by a separate document,
numbered in sequence and pre5erved in a separate set of
books. Such resolutions" are used in this City for various
reasons, such ES 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 b Bc k to i t S con ten t 5 war rant 5 a sep a rate
document with the add it jona I whereas" explanatory material
it often recites) to faci I itate such future reference and
research.
A minute order" as used locally denotes a separate document
which is also maintained in a separate set of books, under a
system of sequential numbering, and is referenced in the
minutes; however, the minute order" is drafted far more
briefly than a reso I ut i on" and is distinguished from a mere
minute entry only by the need, in general, to have a
separate document to facilitate certain administrative
processes to which it pertains
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&The mot ion" assuming it was one which passed) is a Council
action which is recorded simply by an item entry in the
minutes of the meeting at which it was accomplished? and no
separate document is made to memorial i ze it.
8.2 RESOLUTICNS PREPARED IN ADVANCE..
Where a resolution has been prepared in advance, the
procedure shall be. motion, second, discussion, vote
pursuant to methods prescribed in Sect ion 7.1, and result
declared. It shall not be necessary to read a resolution in
full or by title e?cept to identify it. Any member may
require that the resolution be read in full.
8.3 RESOLUTlO??S 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 UR?ENCY RESOLUTIONS:
In matters of urgency, a resolution m?y be presentad
verbally in motion form together with instructions for
wr I t ten pr e pa rat on for I e t e r e Xe c u t i on. After the
resolution has been verbally stated, the voting procedure in
8.2 above shall be followed.
Urgency r e so I Ut i on S sh a I I be a V 0 l d e d except when a bso I ut e I y
necessary; and shall be avoided ent rely 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 CY ORDINANCES.
Ordinances shall not be passed within five days of
their introduction, nor at other than a regul?r meeting or
at an adjourned regular meeting. However, an urgency
or d nan c e may be pa 5 Se d e d i ate I y upon intro duct i on and
either at a regular or special meeting. E?cept when, after
reading the title, further reading is waived by regular
motion adopted by unanimous vote of the Counci Imembers
present, all ordinances shall be read in full either at the
time of introduction or passage. 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.
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&Corrections of typographical or clerical errors are not
alterations within the meaning of this section.
9.2 E?FECTIVE DATE.
All ordinances, except as provided in Sect ion 36937 of
the overnment Code, shall take effect 30 dEys after
adopt ion, but may be made opetat ive at such later date as
may be designated in the ordinance.
9.3 PUBLISHINC.
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.
9?4 URGENCY DlNANCES.
All urgency ordinances must receive four 4)
Eff irmat ive votes to be adopted and to become effective
irmiediately. If such an ordinance fails to receive a 4/5
majority it may thereafter be considered and passed in the
same manner as regular ordinances.
10. S T U D Y S E S S I C N S
10.1 SCHEDULE OF STUDY SESSIONS.
ose Counci Irnembeps who are able to attend Wi I I meet
in the r?gular meeting place of the Council every first and
third Monday dt 1??oQ a.m. for the purpose of reviewing the
a?enda for a Counc i I meeting and meeting and confer r i ng Wi th
City corrrflissions, civic organizations and City officials
relative to pending City business.
The time for study sessions as specified above may be
altered by the Council or by the Mayor on individual
occasions when appropr late to the convenience of the
Counci Imembers provided that when this occurs, written
not ice of the change shall be delivered per son?l ly or by
mail to each local newspaper of general circulation, radio
or television station at least 24 hours before the study
session to be held at the changed time. Each Counci Imember
shall be notified of the changed time personally or by
wh?tever means the Mayor o? city manager deem appropriate.
10.2 OPEN TO THE PUBLIC
Study Sessions shall at all times be open to the
public and the news media, except fop. executive
sessions held at such times pursuant to Government Code
Section 54947.6 whereat the Council meets with its
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&designated representatives prior to end during consultation
and discussions with representatives of employee
organizations; and b) executive sessions to consider
possible or pending litigation in which the City is or could
be a party.
10.3 PLRPOSE
Study Sessions are not intended to constitute a
meeting of the City Council and they shall be carried on
regard less of the number of Counci Imembers in attendance.
At said Study sessions, no formal action shall be taken, no
motions shall be offered, no arguments entered into; the
sole purpose of said meetings being to provide background
information to members of the Council and to allow
Counci Imembers to as? questions and to express personal
opinions. This shall not, however, be deemed to apply with
respect to executive sessions referred to in section 10.2.
10.4 AGENDA:
The city manager shall be responsible for preparing an
agenda of items for discuss ion at each study session.
11. 5 T A N D 1 N C C 0 M M J T T E E S
11.1 FINANCE ITTEE
There shail be a standing corrrnittee of the City
Council nown as the Finance Cotrrni ttee, whose duties shall
be those as prescribed in the La QUinta Municipal Code
or as otherwise assigned by the City Council. The Committee
shall consist of two members, one of whom shall be the
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&Mayor, who shall also Serve as its Chairperson, and the
other shall be a Counri Imember appointed by the City
Council
ADOPTED THIS 1st day of May, 1982.
MAYOR
ATTEST
/
CITY
APPROVED AS TO FCRM. APPROVED AS TO CC?TENT.
x
NEY ITY MANAGER
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MAY,1982-U09