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Home My WebLink About1972-05-31; City Council; 759; Procedure Agenda Items Expedite Council MeetingsT ll E C I T Y Agenda Bill No. 'Z£f. •Referred To: Subject: ,, 0 F .Procedure for Agenda Items of Council Meetings Statement of the Matter 1) -,,-,ff, C A R L S B A D·, CAL I F'o RN I A Da t:e: May 31 , l 9 7 2 Submi tt:ed B!J :. cay Clerk Attached are sugg~stions for expediting Council Meetings. Exhibit 1 .. List qf suggestions submitted by Cmn. Chase 2. Proc•dure suggested by tha league of Caltfornia Cities re: Use of Consent Calendar 3. Proposed Policy Statement. Staff Reco·mmendations ... ·l ' ' -! I - AB No. Date: ' ' ... City Manager's Recommendation Council 0 Actidn '' '' 5-31-72 It ~as agreed that bette~ use should be madi of th~ Consent Calendar ii and that one Counci'lm·an m.eet wHh the City Manager and City Clerk : · to go over the agenda items prior to being placed on the Agenda. Cmn. Chase volunteered to mejt with the staff and ~ssist 1n setting up some guidelines. -2- ;J d i I TO: FROM: DATE: EXPEDITING COUNCIL MEETINGS ALL COUNCILMEN MAYOR DUNNE May 31, 1972 1. I believe we all agree that Council meetings are becoming much too long and steps must be ~a~en to reduce the time involved. The following procedures are presented for your consideration: A. Make maximum use of the Consent Calendar. B. Direct City Manager to personally handle items which can be considered of an administrative nature and report to Council on action taken. C. Restrict individual presentations at Public Hearings to a maximum of 5 minutes per person or a maximum of 15 minutes for a group representative, unless the Council authori2~s additional time in each specific case. All presentations must be direct, to the point and relative to the matter a€ issue. D. Each Thursday following the Agenda staff meeting, a designated Councilman, the City Manager and the City Cler~ will review the Agenda and take such action as may be necessary to consolidate, eliminate, or handle administratively, specific agenda items. 2. It is suggested also that a light system be installed at the podium to guide speakers as to the time available and remaining for their presentations. An amber light will constitute a warn:ng signal and a red light will indicate expiration of time. Cf U~d ~ M. D'UNNE, Mayor \ I t - d I f I I I I f, I ! ' -, I , : ...... I i "L' f /. t IN Arvll.t..'f-Z...IN1 .Sc,o~E-c:.'T' Ml-"".,..,,.n;., ,:... StNZ.I we N'1wl--/;) Al.<, 1+-t;aH 'f'HIIT wt H'1<l ~1-v-1--,,1-1tt.. ,r~,.,,s w111c-'1 "'lu-r;,-v,re~f' 'R..f-qv,fU-b 11 M" -/, t-. 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C.f-f-r l,v (!./\$ t-.S /NIYOt..1//,,h; Hl-ltt.,"fll """ 'I ~ A-F 'j£,-'( ~.m ht.tj/:-,vC,/~ .t' IF ,.,. lj TJ.IE-Ccv~e.u .. ~ W1Slt TH-lr1' ..,-H,s /i:INb r;F A-Pi1'/l..(),tGI/ ·IS "to 0111-AZ) V'~,-,'l"A(i f-AfoJ'i::> Wf WI.SI+ 1"0 M-lr~l-IT HA'P7t-,.J, "THt-,v 1I : '?i-R-ftAP.S WE-~t+-oLJl,,l) hf\R..t,-lt $o,lt"1/t> IN~Tt' ... v~T I .MA"1..\t;~,Z.. + C.11'( CL-t-l,IG 1o ,1t1A-J(..E-IT" lfltP?f...,,1- 5/70 EXPEDITING COUNCIL ACTION Samuel Siegel, City Attorney Artesia, La Puente, l'ico Rivera, and Walnut Many of the procedures and suggestions for expedit1.ng Council Neetings incorporated in this paper were originally set forth by Bob Michalski, a former City Attorney. The paper also reflects thoughts submitted by other City Attorneys. Although time and events heve tai~en their toll in some areas• many of the reco!lllllenda 1;ions for Expeciiti:1g Council Meetings compi-led and presented by Bob Michalski as far back as 1958 are as applicable today as they were then. SoLle will continue to be valid as long tis City Councils continue to meet as such. It is impossible to devise a complete and detailed blueprint for thoroughly streamlining and e>q>editini; the Meetings of all City Counc:rls at all times. The basic ingredient, the recruitment of an outstanding staff, must be preserved. However, there are many things that can be done t~ make Council :1eetings more efficient and expeditious and employing the .:ight approach or tool at the right time is most important. The following are four basic ingredients which are most effective in expediting council actfon. 1. A good procedural ordinance 2. A well-organized and well-prepared agenda 3. A well-informed council 4. A steady band on the gavel The Procedural Ordinance 'lhe courts recognize the presun.?tion that official duty has been regularly performed and that meetings of municipal legislative bodies have been regularly convened and conducted. This presuoption is not irrebuttab!e, l,s the first logical and most obvious.step in e~peqir,ing council action, every city council, whether in a charter or general law city, should adopt rules of procedure £or the conduct of its meetings. ,Such rules are of invaluable assistance to the council, staff and public. Among other things, they: a) Establish a guide for the efficient conduct of the meeting b) Expedite the proceedings in a fair manner c) Restrain irresponsii>iUty d) Reduce uncerta~nties .No council meeting can be expedited or proceed at all if mob rule prevails or if r.ules change from meeting to meeting dependins on the mood, caprice or ulcers of the presiding officer. The details of the rules to be followed at meetings I leave up to you and your city attorney. It goes without saying that clear, concise and explicit rules of order for the conduct 0£ a meeting are a condition precedent to a well-run meeting. After ail, municipal government is big business and there is no reasor. why it shouldn 1 t be run like big business. Rules can be short a!ld co:icise or very comprehensive. Hany cities have adopted such procedural rules. Sample G-1 l I ordinance prepared by City of Newport Beach is attached. In some cities where such ordinances have not been formally adopted, parts thereof are established by precedent and custom. Common features in procedural ordinances presently in force are: 1. Time and place of regular meetings and study sessions 2, Preparation and distribution of agenda -3. Order cf business 4. Duties of the presiding officer 5, Quorum and roll call 6, Rules of debate -parliamentary rules 7. Addressing the Council -tlme limit 8. Decorum by councilmen and others 9. Enforcement of decoruc 10, Preparation of minutes 11. Committees 12, Public Hearings 13. Supplemental Agenda Although most items on procedural ordinances are self-explanatory, some warrant more detailed comment. One of probably greater interest than legal significance is the Rules of Debate on Parliamentary Rules, Many cities distribute or have available at their meetings a brochure setting forth the procedure to be followed, explaining ·the organization of the city and identifying the council members and staff. Parliamentary Law -A word about parliamentary law. Parliamentary law cotwists of those rules of procedure which a-:e enforceable by the courts and which are applica- ble to public or private bodies or groups engaged in making declsions. Parliamentary law applies without being adopted or accepted. It arises out of the rlght of persons to appeal to the courts t9 protect thr.ir rights and administer justice. However, what procedure complies with legal or consti- tutional requirements cannot readily be determined in some instances. Many citieo,adopt, by Procedural Ordinance, Roberts' Rules of Order to govern their proceedings even though Roberts himself has stated that they are not applica- ble to legislative bodies. Other cities have set forth rules in their ptocedural ordinances or modlfied Roberts' or other rules of order, So~e cities generally follow the outline of parliamentary procedure prepare& by Paul Mason in 1958 for the League. It is extremely helpful. Strict adherence to Roberts' Rules may sometimes be more of a hindrance than an aid to expedi- tious council action and is too often the tool of obstructionists. In any event, the courts have held that aithough a municipal legislative body has adopted Roberts' Rules of Order to expedite transactions of its affairs in an orderly fashion, such rules are rrocedural,their strict observance is riot mandatory, and failure to observe them docs not itwalidnte action which is otherwise in conformity with Cha~ter or General Law requirements. City of Pasadena v. Paine (1954) 126 Ca 2d 93. G-2 f Consideration is given in Procedural Ordinances in manv cities to spelling out the effect of a;,stent:iono nnd who. n.."ly abstd1: since there _iG little law on the subject, Abot:Jntions are ::enerally not considered --------~---~ a vote and, therefore, a tie ,•ote l<ould constitute no action, The Rule of Necessity as set forth in the Dairv Valley case, 71 Cal, Rptr, 255, is often incorporated in Rules. Another area often set forth is the procedure control- ling situations where Councilmen are not present at a public hearing but are present at the time of vote on the subject matter. A recent case has ~cld that participation in a decision by a Board member who read nnd considered evidence or transcript thereof, even though he was not present uhen the evidence was produced, does not violate the requirements of due process. International Union of Ooerating Engineers v. Fair Emoloyment Practice Board, 81 Cal. Rptr. 47, Decorum or Behavior Changing times and tempos sometimes dictate a change in 1i-pproach and procedure in standard items such as the Enforcement of Decorum at Meetingo. D~corum could be from within, i.e., the conduct of the Council, or without, i.e., conduct of those in attendance, Major changes appear to be external, but in either case the adoption or modification of rules coulq be of limited value without: the Ste adv Hand on the Gavel which we 1 11 get to later. In these days of demonstrations, unrest, confrontations and general greater active involvement on the part of citizens, modification and reinforcement of this part of the procedural ordinance should be considered. Firm but fair rules of decorum or behavior during council meetinss as well as reascnable tima limits are essential to afford all citizens an opportunity ·of ·expressing without undly delaying meetings and generally affecting the cond~ct of business, Provision might be made in Ordinance for holding meetinns in other than established Council chambers -when anticipated crowd would require a larger audi~orium, Although I've heard arguments pro and con -an adequate chamber lends its~lf to better control and more expeditious meetings, ~ -which passed Assembly and io now in Senate -provides that in the event any meeting is wilfully interrupted by ~my group as to render orderly conduct unfeasible -councilmen may order the room cleared and contiuue in executive session. Press to remain, The press may be e:tcluded if they are the cause of the distrubance. If this becomes law, it should be used with the greatest of discretion. Television Coverav,e of Council l!eetings Chan~~ in Procedural Ordinance to accoreodate technological changes. More cities have had to respond to request for Television Coverage_ of "up-tight" meetings, Ordinance could enforce reasonable requirements and times for installation of television equip.::ent as well as rules for the actual televising to minilliize disruption of meeting. Conser,t Calendar One lllajor innovation of recent r-'I'i&-:f.M -to help speed things along - is the Consent Calendar. !his is a practice whereby non••controversial, routine matters, grouped together and listed undt-r whet is kno1m as a G-3 "Consent Calendar"', The adoption of the entire calendar is accomplished by one motion of Cou,!cil. If a councilman has questions or wlshcs to make a statement on any item. action may be deferred on that itc,n 011d it would be placed on the regular agenda for later consideration. Copies of Consent Calendar items should be made available to the audience and action thereon explained. Examples of items for the Consent Calendar arc: Setting ht!arings Acceptance of Improvements; Apporval of Minutes; Approval of Demands; Releases of Bonds. Staff rccor.'illlendations for action to be taken on these items should be indicated in concise form. But, most i~portant, the Procedural Ordinance should be a living document, subject to n:odification to reflect the changes in cha local society to ~hich they pertain, This flexibility must be there to reflect those changes uhich experience -trial and ar::or, if you may, -as wr::11 as new concepts and innovetions, which will further tend to expedite Council meetings. The Agenda Before each council meeting. the city clerk should prepare an agenda which is a pre-arranged outline for the conduct of regular city council meetings setting forth the order of business fo-r co1mcilmanic consideration and discussion. !he Bureau of Gove:-nmental Research at UCLA in April, 1955 prepared a report entitled: "City Council Organization and Procedures in Los f.ngeles County"• which had this to say about the agenda: "The agen:la is important for two reasons. Essentially a lasislativetool designed to aid the council in transacting business in the most expeditious and fair manner possible, a well-planned agenda·· may also be used to improve Jcouncilr.ianic public relations 1 • A systematic order of business may be the difference between haphazard wrangling, disorder. and a well- run, well-timedmeetins, Ry placing items in written form under proper categorical headings, each iteni is assured consideration and a fair allotment of time. If items are lis::ed according to a definite · pattern, all members obtain at a glance a picutre of the nu:nber and type of items wM.ch will Tequire consideration and action at the meeting. The councilman has a~ of the situtation. and She impression is .£2!!.'!£.Ved to the audience that he knows ,;hat he is ,lloinc I is not wasting time, 11ncl is familiar with his business. l'rom another standpoint, if the agenda is looked upon ns n program. possibilities of advertising council proceedinss are apparent. Councilmnnic activities are outlined, council business is described, and opectators know what is being acted upon. In thio manner, the public is informed of issues and problems facing the :ouncil. 11 G-4 I \ In £?ho-rt, the purpose of the agenda la 'IO MAKE YOU LOOK. GOOD, "So what?" you say, "Who cares?" You should care, It's not enough that you 're satisfied ii\ your own mind that you' re doing a conscientious and efficient job, the public should feel that way too, And the only wny they arc going co find out is at the council meeting, Generally, the one and only impression a'citizen gets of his elected representai:ives is'at the infrequont: council meeting he attends not to participdte in the general welfare but to lobby or filibuster for his pc~ idea, ! uctice that nowadays there is a great cm?hasis on ~otiviationnl resein:ch and study of the "public image11 , It's amazing to discover the "image" the general public hns of certain Presidential candiates, for instance, all basl;)d on half-truths, rumor!l and scraps of information, It's 1mportnnt to create n proper image, llhat image of you does the public take away from your meetings? You want to give the impression that you know whnt you're doing, that everything is under cont-rol, that justice is being done and that the. citizens' problems and money are in good hands, So, an agerida can be a help or a ha.ndicap, not only in e=<pedit1ns councj,l business, but also in building a proper public image of the council and its individual u.erobers. Don't underestimate it, An agenda can be a uonumental compilation of all the tJ:ivia ,~hich has passed through the city hall since the last meeting and thus be a millstone araund the council's neck, showing the council off as a bumbling group of incompetent nitwits, or it can be a streamlined vehicle strtpped down to bare legislative essentials -for the speedy and expeditious disposition of the city's business by a body of astute, intelligent, well-info1.111ed and selfless public servants. n1e agenda is usually prepared by the city clerk in the forlll prescribed i.n the proccdu,:al ordinance, with the assista.'\ce of the city administrative officer or city manager from matctial furnished to hie by the staff nnd £-rom· communications received since the last regula-r meeting. The a:r~ndn should be closed -several days befor.e the meeting, This rule should be adhered to strictly, What should or should not be contained in a council agenda has been the subject of many long and weary hours of discussion among council members, city managers, city clerks and city attorneys. llo,~:wer, we should always bear in mind that the pu-rpose of the agenda should be exoedite the business of the council. To this end, whatever orde-r is adopted by any particulcr city, items should be placed under a specific subject headinll or topic heading and each item should be numbered consecutively for easy ·ldcntification by th~ presidi~g officer, council ml!mbers and th~ public, The exercise of sound judgement and discretion in the ar-r.:mgeroent of items under particular classification headings can contribute greatly toward eliminating confusion, conflicts and delay. and aiding in running the m2eting as smoothly as possible, The title of cnch resolution or ordinance proposed for adoption should be set out in full accompanied by a brief explon3tion, if necessary, of the nature of t\-c ordinance or resolution. Resolutions which cau be acted upon by ~ single motion should be grouped together, In one agenda I ex~ndned, ! found that: each item was foll1lwed by a recommended action, with the suggested context nnd form of the motion to be tn11de. G-5 -----.------------.------....--------------=-- f The following is the or4er of business used inn number of cities: 1, Roll call 2, Approval of minutes of previous meeting 3, Special Orders of the Day, and Public Hearings 4, Reports of ComcltteE:a and Planning Commission 5, Resolutions and ordinances 6, Report of city manager 7. Report of officials 8. Unfinished business 9, New business 10, Written communications 11, Oral communications 12, AdJournment: 1egislative ~nd Admin1strativc matters on the A~enda Altb.ough it is important to know and· determine' what to put into an agenda, it is even more important to know what NOT to put in, If a ccuncil is reluctant to permit the auministrative officer to handle ndcinistrative matters in accordance with policy prescribed by it but demands chat all matters of city business he reviewed at public council meetings, its meetines will be a constant source of exasperation and £rust-ration to th~ staff, the co11ncil and the public. I ~ma strong advocate of the sepa~ation of policy and administration, and 1 believe thare should be a definite and recognized cleavaze between the two. One of rny re .. ent correspondents, an attorney of long experience in California tnunicipal la11, had this to say on the subject: 11 I believe the whole answer to expediting meetings is to ·persuade members of the council to refer every possible ndminist~ative matter to the city administrative officer and not become involved in dj,scussions ,,hich could be handled through that office or by departcent heads. Our meetings here the last couple of yea-rs have been very leughty due to the foct that the council has taken upon itself a very detailed analysis of matters which could have been disposed of by simply referring them to the city administrative officer and department heads and accepting theit" reports, Uhilc these administr.\tive officers are certainly not immune from criticism and do make their mistakes, I feel that generally the council is well protected if they accept the i:ecorot1endations ol: those who are qualified in matters which come within the purview of their departD1enls. If the council members could be persuaded to confine then~elvos strictly to policy matters, the time consumed at c1:1uncil meetings would be very materially reduced, It must, of course, be conceded that it !s often difficul.t to draw the line between policy and administration, but I fer.l that the members '-Jill be farther nhead in leaning awn,Y, from these mal:tets which could '-Jithin reoaon be handled by the vnriouo depa-rtments,11 G-6 1 d The distinction bet ... een policy and administration 1.s se>me?ti~es difficult to explain, but this definition u1ay be helpful. "Policy leadership is to be concerned with the generel development of the community and the program of city government, with the general level of city serv:f.ces and activity programs rather than the detailed administrative processes by which these programs arc cerried ,mt, 11 With this in mind, therefore, the council agenda should not conta ... n items which could be ha'l}dled on on administrative levels such as designation of loading zones, taxicab stands, approval of street tree removal and replacement, approval of curb cuts and location of driveways, approval of minor budgeted expenditures, issuance of licenses, and the like. It is ridiculous for a cicy council to opend its v:ilu:ible time debating whether a driveway should be 15 feet or 20 feet froru an lnterseccion, or whethor a de~d Ficus• Hitida should be replaced by an Ulmus Chinesia or whether one or two loading zones shoull.! be placed in front of J.C. Penney's, or whether one should be placed in front of Woolworths and the other in front of the Bank cf America, or vice-versa. All of these items and more can be handled by properly draft ordinances delegating the making of these decisions to appropriate administrative officers subject to the application of epprov~d forms and standards, Letters Percy Como used to have a feature on his program calledt "Letters, we get letters11 • Some council agendas, unfortunately• feature such an item. Most citizens in attempting to solve their proplems like to write ''directly to the top, 11 In Palo Alto, one of the duties of the • city manager as oet out in thel"Palo Alto Munici'pol Code, is "to receive and open all mail addressed to the city council and give immediate attention to the end that all administrative business referred to in said communications and not necessn~ily requiring councilmanic action may be disposed·of between council meetings, providing that all actions taken pursuunt to such communications shall be reported to the city council at :.ts nel-t regular meeting thereafter." Certainly if letters are to be placed 011 the. agenda• copies should be sent to each councilmen before the meeting und the agenda should so indicate. Qldcl< action can then be taken on them at the meeting, I strongly recommend that your city manager or administrative officer be given similar authority to handle your correspondence in a manner which ~11 dispose of it. expeditiously withou.t on the oth<:lr hand, cluttering up the council agenda, He can refer matters to the appropriate departments for disposition and report to the council as to tho action which has been taken, If 1 in•factt any letters require council action, these can be placed 011 the agenda together with an accompanying item in the ndroinistx-nt\ve officer's report witi.:: recolllJ:lendation as to their disposition. Any very complimentarJ lettei.s shouldt o.: course, be read loud and clear at an open council meeting to demonstrnte that the city and city officials sometimes, althoush infrequently t do perform in an intelligent and efficient manner. G-7 Distribution :md Study of Agenda The agenda should be sent or be delivered to each councilman several days prior to the meeting, It should also be distributed to department heads, the press, and any citizen or group on request. Copies should, of course, be available in the council chamber during the meeting. With the agenda, each councilman should receive copies of ordinances and resolutions, other than those of a routine nature, which are proposed to be adopted, and reports of the city manager and other interested departments on matters which are to be considered by t:he council. lhese reports are a vltal part of the preparation for the council meeting, Through these reports, which may be as lengthy or as detailed as the occasion demands, the council is given the necessary information \\pon which it can act inteiligently and expeditiously. These reports should be read. They should not only be read but if :my questions arise in the minds of the councilmen, they should be quick to call upon any member of the administrative staff for additional information or. for any explanations which are neccssacy. I guarantee they won't be told: "There's no reason for what we're doing --it's just our policy," A councilman should by nature be curious and inquisitive. He should never take action on anything which he does not understand or for which he has· not received an intelligent explanatk'l, The members of the staff are ·ready and willing to give him that e::,.planation ii: he ~"ill only call on them. This he should do vri.or to the council meeting. Please don't ·play "Percy Mason" at the Council meeting --you may not have his success, If you throw curves at your staff at the meeting, don't be sut'prised if they hit them out of the park. I am not afraid of being called upon by any councilman to explain any action which I recommend or •al}y opinions which I have given. However, this can he done much :i:ore ~asily and in greeter detail in private, over the telephone, or through a personal interview, than at a public council meeting, Remember, that when you are elected, the people whom you ~epresent feel that you have been struck with the holy spirit and with the knowledge of the ages and that you know all things \>'1th regard to municipal governme,,t, This is a pose which you must necessarily assume at all council meetings and the members of your staff will cooperate in maintaining that pose and projecting that im:ige if you will only ask· their assistance, The purpose of this Institute is to give you a smattering of knowledge and help you. to become and act like an informed councilman. You can participate intelligently in the discussions at the council meetings if prior thereto you have consulted with the members of the staff who are best informed about the subject in question, An Infonned Council -Pre-Council HeetinP.s So, a.council must be informed. In firj opinion, the best method of becoming informed is at a pre-council study session, We are now flirting with the Ralph H, Brown Act or so-called "Secret Meeting Law" which, in its strict interpretation, would prohibit membeTs of the council from G-8 getting together in a group uith the administrative staff to obtain necessary background information on a municipal problem. Under a recent broad and strict interpretation of the Secret Mee:ting Law, \ill councilmen must live in a vacuum and cannot obtain information from either their .fellow councilmen or frot'l members of the staff in a group, but must be 'briefed individually or wait until the council meeting at which time they must, perforce, reveal their ignorance (42 OP.AG 61). However, if they hesitate to reveal their ignor,mce as all of •JS in our p:z:ide would, they must then vote blindly upon matters which may be of very vital concern to the owner of an individual piece of property to the city as a whole, I believe that such a statute, or at least such an interpretation of the statute, is unrealistic, In the only appellate court c1;;se dealing with the Brown Act, Adler v. Citv Council (1960) 184 CA 2d 763, the court said: "It seems quite evident that the language of the Brown Act vas not directed at anything less than a~ meeting of the city council oi· one of the city's subordinate agencies. If it were. no practical line could be drawn, 11 In l1olding that a meeting between the Planning Commission and a prospective applicant for rezoning did not violate the Brown Act, the court cities from a ruling of the Attorney General in 32 OP,, AG 240 as follows: "At page 241 it said: 1 Local agencies may do and perform much of their work through committees. Public agencies usually have a number of standing collllllittees and frequently.appoint special· committees to investigate and report concernin~ specific matters. Such comnittees are mere instruu~ntalities of the governing c.gency and their deterr.iinaticns are.not the determinations of the agency. The agency may not dele'gafo its powers to a committee. Only when an1 if the agency ratifies and approves the act of one of its committees does it become the act of the agency.' At 242: 1 Ordinarily, a committee is ·composed of less than a quorum of the legislative body that has created it. In those cases the findings of such a cowmittee have riot been deliberated upon by a quorum of the legislative body and the necessity :;.s well as opportunity for ful:l: public · delib~ration by the le~islative bodv still remains. '1'hus,' the public's ris::hts under t:he secret meeting law arc protected.' Therefore, meetings of committees of local agencies where such committees cousist of less than a qllorum of the members of the legislative body are not cover1::d by the act.11 The act has been aroended since this opinion was rendered and the Attorney General has ruled that it no longer applies but I believe it is still tbe law and is a clear indication that the Cou::to will give the Act a rl!asom1ble nnd rati!)nal intepretation. However, it is the opinion and advice of your City Attorney which !lhould be sought and followed in these as well as other legnl m:1tters. G-9 I think it should be apparent to any ir,telligent person making an honest appraisal of the problem that one of the most effective ways of expediting council meetings is the holding of study or conference, or informal sessions open to the public and press st which the city manager or administrative officer would have the opportunity to explain to the members of the council the background and circumstances surrounding various· matters which will be presented to them. I firmly beli~ve that if any' group of men want to :railroad or "fix" any piece of l~gislation then can do so with or without the Ralph M. Brown Act, 'Ihe California Attorney General I s Office has, in recent years, rendered several oplnions in this area of meetings as they relate to the Ralph M. Brown Act, l-Olere regularly scheduled lunchon meetings between councils of two adjoui:ning cities and civic association representatives of nearby unincorporate4 communities were held to discuss common municipal p~oblems, the Attorney General in 1964 (43 Ops Atty Gen 36) rules the pro·Jisions of the Brown Act ~1ould apply. The public would be entitled to proper notice and the Tight to attend "because of the admitted importance to the people of the area of the matter discussed by a majority of the members of the legislative bodies" these regularly held meetings. Social attendance by a roajority of the council at luncheons or dinners by local service clubs was distinguished from the above weetings. ~tive Sessions If prope~ty used, executive sessions as provided for by State law, could expedite council meetings in addition to affording the prot~ction intended by these statutes. The government Code restricts these sessions to matters of appointment, employment or dismissal of an officer or employee, hearing complaints against an officer or employee unless a public hearing is req1Jested, and also matters affecting national security, 'Zhese are to be held only during regular and special meetings. 'Ihe addition of Section 54957,6, in 1968, extended executive sessions to include negotiations regarding salaries, fringe benefits, etc., with representatives of employees, The statutory limits of these executive sessions were e~tended by case law to include matters of ~itigatio~ in which a city is engaged. Sacramento Newspaper Guild Case (1967), where the Sacramento Board of Supervisors had luncheon roeeting· at the Elks Club with the County Counsel, Director of Welfare, members of the Central Labor Council, and others to discuss strike of ,..~cial workers. It was held that it was a violation of the Brat•m Act, since selected members of the public were present, and excluding the rest. 'Ihe case, however, did establish the right of a local agency to confer privately with their attorney under conditions where the attorney-client privilege uould apply. Executive ses6ions r.oncerning labor negotiations and attorney-client ntatters have been interpreted as being exempt from requirement that executive sessions be held only during regular or special meetings. G-10 ----------&----~---- f d , The holding of executive sessions ns provided for in the Ralph H. Bro1m Act received attention from the Attorney General's Office in the following opinions: 43 Ops Atty Gen 79 (1964) -Time and Place of Executive Sessions. This opinion stated that "local agencies may hold 'executive sessions only during 1:egular or special meetings for which adequate notice had been given. 11 The situtation which gave rise to this Opinion was one where a school board president phones three of the other four board members to notify them of a meeting to discuss rehiring of the school principal. Proper notice for special meetings where executive sessions of this type would be proper is set out in Section 54956 of the Government Code, 44 Ops Atty Gen 147 (1!164) -Hinutes of E:i-:ecut:l.ve Sessions. "Minutes of executive sessions on oersonnel matters are not available for public inspection. 11 The Opinion went on to state that "it is solely t~ithin the discretion-of the majority of the governing board as to whether all or any portion of the minutes other than the formal action of the board shall be made pcbli c," As basis for this ruling was indicated to be the fact that although an employee has the right to reque:st a public hearing (Govt. Code Sec. 54957) he does not have a similar right as to requesting a closed meeting, The latter is solely within the · d:f:.scretion of the governing board. 46 Ops Atty Gen 34 (1965) -Who May attend Executive Sessions. The guestioa of whether the press should be permitted to attend personnel sessions resulted in the above Opinion by the Attorney General that "neither members of the press nor other spectators may be admitted to closed executive sessions of a local agency," An exception, however, would be witnesses who are required to testify. Any other spectators, especially the press, would result ill defeating the purpose of a closed or secret session. The right .of an individual to request a public hearing as provided in the Government Code was emp~asized. Col:ltlittePs of the Council Many cities establish commlttees composed of one or two councilmen and staff members to investigate matters in specific areas and make reco:nme::ndations to the Council as a "hole, These are either in the fom of standing colDlllittees relating to specific topics or are created as the need arises. This committee syst~ra is an excellent means of providing the rest of the Council with invaluable background information as well as en5wcrs to questions. This· is often not possible to accomplish at council meetings and thus provides an effective expediter for ~ore streamlined and knowledgeable roeetin&s, It also affords councilmen an opportunity to specialize in certain areas. llow does the Brown Act apply to these committee meetings? Section 54952.3 of the Government code, added in 1968, excludes from the Brown Act comm:Lttet-s solely of members of the council which are less than a quorum. G-11 ' . : j I r I j. \ It does, however, include other types of advisory bodies created by the local agency. It is important, however, that these committees report to the Council not only thei-r findings but also considerations and facts which gave rise to these findings. L Strong lland on the Gavel -The Council Meeting No matter how perfect the order of business and no matter how much time and care is spent in the .reparation of a strenm-1ined agenda, with all meat and no £at, and no matter how much time has been spent in the preparatton of the meeting, all is fo~ naught if the conduct of the meeting is nv~ in the hands of a good, strong, presiding officer. A good presiding officer an keep the discussion on the subject, close off unnecessary discussion and can really expedite council business. A poor one can make a verit3ble shambles of the best planned and organized council agenda, Tha mayor should keep the meeting going at a good pace. There is no reaflon nhy a council meeting cannot be expeditious and efficient as well ao democratic. Most agendas have an item "Oral ColliI11unications 11 or "Hearing from any person wishing to be heard. 11 The mayor should permit participation of Che public in the proceedings in accordance with the tules adopted by the council. When no time limit on debate is mandatory either by ordinance, resolution, or charter, he should limit debate to pertinent remarks and can expedite business by channeling discussion in the proper direction. 'Iime should not be misted arguing how much time n citizen can have -let him talk. Again, Maintain the l:nage. This is an excellent opportunity to pro1t0te public relations --which may be defined as not treating the public like your relations. lle should enforce ,the rule that questions are to be directed to the chair and no questious are to be directed to any individual councilm&n by anyone in the audience.; He should give each matter a full hearing but not an excessive one. Due process does not require that evidence be repeated over and over again or that a citizen have o~o, three, or four hearings; public hearings should be scheduled on the agenda in a spot which will serve the convenience of both the council and the public. lt is my personal opinion that it is poor policy to advance an item on the agenda or change the order of business to accomodate the operation of the council until their particular item comes up in its proper order. This has a certain cooling effect on any hotheads in a protesting group. Furthermore, the Ralph M. Brown Act says the people have a right to "know" what is going on and to "remain informed. 11 Well let them sit there so they can "knou 11 and be "informed'' about something else than thoae stop signs, set hack variances or condemned trees. 'Ihe Tigl1t of the people not only to get informed at council meetings but. also to take i.hi:; inforn:ation with the1u in the form of tape recordings was the subject of the case of Nevens v, Citv of Chino (1965) 233 Cal. App. 2d 775. The matter at iGsue was a regulation adopted by tl1e City Council that no tape recorder or mechanical device for the pui-pose of obtaining tapes or recordings of council proceedings be pennitted in the Council chamber. 111e D.C.A. held that this action was "coo arbit-rary, capricious, restricti'Ve and \lnreasonable." Judicilll notice was taken of the development of the noiseless and battery-operated G-12 " d devices, The court felt th.it an actio11 of the type in question exceeded the right of the City Council to adopt and enforce such rules and regulations as are necessary to protect it at public meetings. (Govt Co1e, Sec, 36813). It was further stated that "accuracy in reporting transactions of a public governing body should never be pe11alized." A good presiding officer should be able to sense ~hen it will be impossible for any action to be taken 011 a certain matter and ,~hen action should be postponed, the matter referred to either a standing or special committee, or referred to the administrative staff for further stµdy. Visual Aida In the presentation of matters to the council by the staff or in the discussion of contested matters at hearings, etc. , I strongly recommend the use of maps and cha1·ts as visual aids. These maps and charts should be prepared in bold, visible colors, should be put up before the meeting and shouJ.d be located where they can be seen and easily referred to by memberu of the council, staff and of th~ public, Some cities also use slides and viewgraphs. En route to the meeting, plense take a look at the site of improveme11ts and property involved in zoning matters, This, too, expedites a council meeting. The City Attorncv Now a word for the city attorney, THE WATCH DOG OF THE COUNCIL. Please, Mr. Mayor and members of the Council, consult with and confide in your city ~ttorney before making any ~ew or radical suggestions about the method of expenditure of city funds or before recommending novel ordinances to raise additional revenues or to control a particularly obnoxious situation, or imposing unusual conditions in variances. As was said in the case of Osburn v. Stone, (1915) J.70 Cal, 480, 484 in which a taxpayer maintained ar. action against the mayors and members of the council of an unincorporated city to compel them to pay into the city treasury for the benefit of the taxpayers and property owners of the city the a1t0unt of the e:iqiendittires illegally made by them fron1 the funds of the city: ' "Their modes or procedure in all i:tatters of expenditure are pointed out with particularity. They are given by law a legal advisor and if not are fully empowered to employ one, There is no occasion whatsoever for their takin:,; any step uithout such advice. There is no reason for their ever t:1aldng anv illegal exoenditure of the public 1 s money." I repeat, again, if you have any ideas about how money zan be raised or should be spent, or any ideas about what type of ordinances can be adopted to control a particular situation, please, before recommenling the adoption of such ordinances or projects consult with your city attorney: Ile won 1 t say "Absolutely no," to you, believe me, He will attempt to .issist you in solving your problem if there is nny possible solution, and incidentally save you embarrassment which may result in hnving to advise you before the pub Uc, and the press, that your idea is illegal. Remember, if he 1 s good enough to hire• he 1 s good enough to listen to, He toe, can help you maintain that icase of a statesman. G-13 ORDINANCE NO. __ _ .i\N ORDINANCE OF THE CITY OF NEUPOF.T BEACH REPEALING CHAPTER 2. 04 OF THE NEWPORT BEf.Cll MUNICIPAL CODE . RELATING 'IO TUIE Al~D PLACE OF COUNCIL MEETINGS AND ADDING Clu\FT3R 1,24 TO SAID CODE CONCERNING CITY 90UNCIL PROCEDURE The City Council of the City of Newport Beach does ordain as follons: SECTION 1. Chapter 2,0/~ of the Newport Beach Municipal Code entitled "Time and Place of Council Meetings" is repealed, SECTION 2. Chapter 1. 24 is added to the Newport Beach Municipal Code to read: "Chapter 1. 24 CITY COUHCIJ. PROCEDURE Sections: 1.24.010 1.24.020 1.24,030 1.24.040 ·i.24.050 1,24.060 1.24.070 1.24.080 1.24.090 1.24.100 1.24,110 1.24 .120 l,24,130 1.24.140 -1.24.150 1.24.160 l.24.170 . -i::~q:180 1.24.190 ·1.24.200 1.24.210 1,24.220 l,?.4,230 1,24.240 1.24.250 1,24.260 ).,24.270 l.24.280 Regular Meetings Study Sessions Special Meetings Meetings to be Public --Exception £Qr Executive Sessions, Agenda Council Correspondence Order of Business Preparation of Minutes. Reading of Ninutes Presiding Officer Powers and Duties of Presiding Officer Rules of Debate Remarks of Councilman and Synopsis of Debate. Protest Against Council Action. Rules·of Order · Failure to Observe Rules of Order Adressing the Council Rules of Decorum Enforcement of Decorum Motions --Second Not Required Voting Procedure Disqualification for Conflict of Interest 1-·::111ure to Vote Tie Vote Changing Vote Reconsideration Ordinances, ruooluticns and contracts Reading of Ordinances and Resolutions G-.14 d 1.24.010 Regular Mc>et.ings. The City Council shall hold regular meetings on the second and fourth Mondays in eacb month at the hour of 7.'30 pm. in the Council Chamber or the City Hall, 3300 Newport Boulevard, in the City, or in such other place within the · City limits to which said meeting may be adjourned, If by reason of fire, flood, or other emergency, it: shall be unsafe to meet in the City Hall, the meetings moy be held for the duration of the emeriency at such other place as is desiganted by the Mayor or, if he should fail tc act, by four members of the City Council. ~~1en the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regufor meeting shall be held at the same hour on the following business day. 1. 21,. 020 Study Sessions. The City Council shall meet i:n a study session on the second and fourth Mondays in each lll0t1th at the hour of 1.30 pm. in the Council Chamber of the City Hall, or at such other places as may be determined by the Council, for the purpose of hearing reports from the staff and reviewing, d:l.scussing and debating matters of interest to the City, Such sessions shall be open to the public and the press. No official action shall be taken at a study session; provided, lu,waver, that · nothing herein shall be deemed to prevent the taking of an informal vote on any matter under discussion, The participation of the public in such sessions shall be subject to the discretion of the presiding officer. 1. 24. 030 Special Meetings. Special meetings may be called at any time by the Mayor, or by four members of the City Council, by delivering personally or by mail written notice to each Councilman and to each +ocal newspaper of ge,1eral circulation, radio or televioion station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such aeeting as specified in the notice. The call and notice shall specify the time and place of the special n1eeting and t:hc business to be transacted, No other business shall be considered at such meetings. Such written notice may be dispensed with a!l to any Councilman who at or prior to the time the meeting convenes files with the City Clerk a written waiver of notice. Such vaiver may be given by teleeram, Such written notice l!llly also be dispensed with as to any Councilman who is actually present at the meeting at the time it convenes. 1.24.040 Meetings to be Public --Exception for Executive Sessions. All regular and special meetings of the City Council shall be public; provided, however, the City Council may hold eY.ccutive eessions during a regular or special meeting, from which the public may be excluded, for the purpose of considering the tn~tters referred to in Section 54957 of the Government Code of the State of California. No member of the City Council, employee of the City, or any other person present during 1111 executive session of the Council shall disclose to ;my parson the content or substance of any discussion which took place during sairl executive session unless the City Council shall authorize the disclosure of such information by majority vote. G-15 1,24.050 AP,enda All reports, communications, ordinances, resolu~ions, contract docu:nents, or other matt~rs to be submitted to the Council at a regular meeting shall be delivered to the City Clerk not later than 12 o'clock noon on the Thursday preceding the meeting. The City Clerk shall prepare the llgenda of all such matters under the direction of the City Hanager. The agenda shall be delivered to the Counci1111en on the Friday preceding the Honday Council meeting to which it pertains and shall be made available to the public no later than 8,30 am, on the day of the meeting. 1,24.060 Council Correspondence (a) Availabilitv to the Public. Correspondence addressed to the City Council which is 1·eceived by the City Clerk or any other officer or employee of the City shall not become a public record until received and filed by the Council at a r~gular, special or adjourned meeting of the Council. Correspondence received in the City Clerk's office or other offices after i2 o'clock noon on the Thursday preceding a regular Council u1eeting shall not be placed on the agenda unless it concerns a ttatter to be considered by the council at the next regular meeting or is determined by the Nayor or the City Manager to be an urgent matter which should be brought to the immediate attention of the Council. Correspondence shall not be r.ead aloud at a Council meeting unless requested by a majority vote of the Council, (b) Authority of City Mann~er, The City Manager is authorized to open and examine all mail or other written communications addressed to the City Council and to give it immediate attention to the end that all adminfotrative business referred to in said cot:m1unic11tions and not neccosarily requiring Council action may be acted upon between Council meetings, 1,24.070 Order of Business. The business of the Council shall be tak~n up for consideration and disposition in the following order: l. Pledge of Allegiance and Invocation. 2. Call to Order and P.oll Call, 3, Approval of the Minutes. 4. Special Presentations. 5. Public Hearings, 6, Ordinances for Introduction. 7. Ordinances for Adoption. 8. Resolutions for Adoption. 9. Current Business. 10. Additional Business, 11, Co:nmunications -Referrals. 12. Claims for Damages. 13, Budget Amendments 14. Licenses nnd Pertni ts 15. Co:r.munications --Advisory. 16. Council Statements and Requests, 17, Oral Communications frot:1 lhe Audience, 18, Adjournt:1ent. The order of business shall not be changed except by majority vote 0£ the City Council. G-15 ....... ---~--- 1.21,.080 Prepnrntion of Minutes. •The City Cl.erk shall hnve exclusive responsibility for preparation of the minutes, nnd any di1·ections for chongeo in the minutes sl1all be made only by majority nction of the City Council. · ~.Q2Q. Reading of Minutes. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, such minutes mny be app:roved withou.: reading if the City Clerk has previously furnished each Councilman with a cC1py. 1, 24,100 R,residing Officer. The Hayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the ~tayor • the Mayor Pro Te1:ipore shall preside. In the absence. of bot.h the Mayor and Mayor Pro Tempore, the City Clerk. shall call the Council to order, whc:reupon a temporary Presiding Officer shall be elected by the Co\\ncilmen present to serve until the arrival of the ~ayer or Mayor P-ro Tempore or until adjournment, Wherever in this chapter the term Mayor is used, it shall apply equally to the Presiding Officer as defined in this section, 1.24.110 Powers and Duties 0£ Presiding Officer. (a) Participation. The Presiding Officer may move, second, debate and vote from the Chair, (b) Seating Arrangement f:>r Citv Council. 'Ihe Mayor spall, followins each Councilmanic election nnc'l at such other time as he may deem it; necessa_ry ,. establish the seating arrangement of the members of the Council. The Hay or Pro Tempo re shall always be seated itnmcdiately neKt to the Mayor. ~<?) Question to be Stnted, Tlte Presiding Officer or such metnbcr of the City staff ns he may designate shall verbally restate each question' iminediately· prior to calling for the vote. Following the vot~ the City Clerk shall announce whether the question carried or was defeated, The Presiding Officer in his discretion may publicly explain the effect of n vote for the audience, or he may direct a member of the City staff to do so, before proceeding to the next item of business. (d) Signing of Documents. The :eresiding Officer shnll sign all ordinances, resolutions, contracts, and other documc11ts necessitating his signatura \lhich were adopted in his presence, unless he is unavaiJ.nble, in which case the signature of an alternate Preoiding Officer may be used, (e) S,:orn Testimony. The Presiding Officer may require nny person addressing the City Council to be sworn as n witness and to testify under oath, nnd the Presiding Officer shall so require if directed to do so by a majority vote of the Council. 1.24.120 Rules of Debate, (n) Getting the Floor. Every Councilmnn desiring to epeak shnll rirst address the Chair, snin recognition hy the Presiding Officer, nnd shall confine himself to the ques:ion under debnte, avoiding personnlitieo and indecorous lnnguai;e. G-17 ... (b) Questions to Staff:~ . tvcry Council.':lan des:!.ring to question the City staff shall, after reco~nition by the Presiding Officer, address his questionG to the City Hnnagcr, · the City Clcri,, or the City Attorney, uho shall be entitled eit!1er to a1'swer the inquiry himself or to designate a member of his otnff for that purpose. (c) .!m.£.!ruptions. A Councilman, once recognfacd, shall not be interrupted when 2pcnking unless called to order by the Presiding Officer, unless a point of order 01.· personal privilege is raised by another Councilman, or unless the speaker chooses to yield to a question by another Councilm:m. lf a Councilman, while speaking, is called t~ order, he shall cease speaking until the question of order is dct:er1,1ined and, if determined to be i,1 order, he may proceed. Members of the City staff after recognition by the Prcisidins Officer shall l1old the floor until completion of their remarks or until recognticn is withdrawn by the Presiding Officer, (d) Points of Order, The Presiding C>ff:!.ccr shall determine all points of ordei· subject to the right of any Councilman to appea_l to t!le Council. If an appeal is taken, t~e question shall be, 1 Shall the decision of the Presiding Officer by sustained? 1 A majority vote shall c::>nclusively determine such question of order. (e) Point of Pc~sonal Privilege Tho right of a councilman to address the Council on n question of personal privilege shllll be lit'dtcd to cases in which his integrity, character or raotives are questioned or where the welfare of the Council is concerned, A Councilman raising a point of personal privilege may interrupt another Councilman who has the floor only if the Presiding Officer recognizes the privilege. (f) Priviler.e of Closiun Debate The Councilman moving the adoption of an ordinance, resolution or motion shall have t:he privilege cf closing debate, (g) Limitation of Debate Ho Councilman shall be allowed to speak more than once upon any partic~lar subject until cvcry other Council- man desil•ing to do so shall have spol~cn. 1.24.130 Remarks of Councilman and Svnopsis of D~bat~ A Co1mcilrJan May request through the Presiding Office-r the privilege of having an nbstmct of his statcn:ent on any subject und~r consideration by the Council entered in the minutes. If the Council consent:; thereto, such s·tlltamE!nt shall be entered in the minutes. 1.24.!-'10 Protest Against Council Action. Any Councilman shall have tl1c right to have the reasons for his dissent from, or his protest agninst, any nction of the Council entered in the r.dnutes, Such dissent: or protest to be entered in the minutes shall be made in the followinn mnnncr: 'I would like the minutt:is to show that I nm opposed to thio action for the following reasons, •• '. 1.24.150 Rulen of Order Er.capt as provided in this Codu, the City Charte::, otherrul.cs adopted by the City Council, or applicable provisions of State lnw 1 the procedures of the Council shall be governed by the latest revised edition of Robert's Rule~ of Order. 1. 24,160 Failure to Observe Rules of Ordnr. Rules adopted to expedite the transaction of the business of the Council in an orderly fasM.on at:e deemed to be procedural only and the failure to otrictly G•lU d ' ; • • • -,I ,. ~ • i... . . . ' • . " . observe such :;ules shall not affect the.jurisdiction of the Council or invalidate any action taken at a meeting that is othP.rwise held in conformity "With law. 1.24.170 Addressing the Council (a) Manner of Addressing Council, Each person desirfog to address the Council s1101l st:ep up to tile microphone in front of the rail, state his name and ndd1:css for the record, state the subject he wishes to discuss, state whom he i!l representing if he represents an organization or other persons, and unless further cice is granted by ruajo:ity vote of the Council, shall limit his rcl!larks to five (5) .ui.1ut:es. All remarks shall be addressed to the Council as a ·whole and not to any memlJcr thereof, No question shall be asked a Councilman or~ mcm~cr of the City staff without. the permission of the Presiding Officer. (b) Spokesman for Group cf Persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to addrl!SS the Council on che 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 aaditional matters are to be pregented by any other member of said group, to limit the number of such_pcrsons address- ing the Council. (~) After Motion. After a mot~on has been made or a public hear- inc hss been closed, no member of the public shall address the Council from the aud:.l.ence on the matter under consideration without first securing permission to do so hy a majority vote of the City Council. 1.24.180 Rules of Decorum (a) Councilmen, While the Council is in session,· the members must preserve order and decorum, and a membe-:: shall neither by conversation or othcndse 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 Presid- ing Officer, Hembers of the Council shall not leave theii-seats during a m,1eting without first obtai.ning the permission of the ?residing Officer, (b) Em 1,loyees, ~!embers of the City staff and employees shall observe the same rules of order and decorum as are applicable to the City Council, with the exception that members of the City staff may lMve their seats during a meeting without first obtaining the permission of the Presiding Officer. (c) Persons Addressing the Council. Any person making impertiuent:, slanderous, or pl:'ofnna reID:irks or who becomes boisterous while addres&lng the Council shall be c3lled to order by the Presiding Officer nnd, if ouch conduct: cont:f.nuc-s, may at t:he discretion of the Presiding officer, be ordered barred from further at!dience before the Counc:ll during that meeting, (d) J:!!!pners of the Audience. Any pe~son in the audience who engages in disord-::rly conduct such as ha.ndclapping, stntaµing of feet, whistling using p1:of<m: J.:Mguage, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the me::cting, or who refuses to comply with the lawful orders of the PrMi<!ing Officer shall be guilty of a l"liBdemeanor, and upon instruct'lons from the Presiding Officer it shall be the duty of the Sergcnnt at Ams to remove any such person from the Council Chamber and to plnce him under arrest. G-19 -j (e) Persons Authorized to be Within Rail. No person except members of the council and the City staff shall bs permitted within the rail without the Consent of the Presiding Officer. 1.24.190 Enforcement of Decorum. The Chief of Police, or c~1ch member or members of the Police Department as he may designate, shall be Sergeant: at Arms of Che City Council and shall carry out all orders given by the Presiding Officer for the purpose of w,intaining order and decorum at the Council meetings. Any Councilman may move to require the P.cesid:f.ng OUicer to enforce the rules and the affirmative vote of a majority of the Council shall require him to do so. 1.24.200 i-!oti.on --Second Not Required. A motion b}• ~ny member of the Council, including the Presiding Officer, may be consldered by the Council without receiving a second. 1.24.210 Voting Procedure, Any vote of the Council, including a roll call' vote, rn:1y be regigtered by the members by answering 'Yes' for an affirmative vote or 'No' for a negative vote upon his name being called by the City Clerk, or ~y pressing a switch to cause a green light to show for an affirmative vote or a red light to show ior a negative vote upon a vote being called for by the Presiding Officer, The result of any vote registered by means of a lighting systo2m shall by auUib].y announced by the City Clerk and recorded in the minutes as the vote. b.~ Disqualification for Conflict of Interest. Any Councilman who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification in open meeting. Where no clearly dinqualifying conflict of interest appears, the matter of disqualification may, at the request of the Councilman affected, be decided by the other Councilmen. A Councilman who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall requ~st and be given the permission of the Presiding Officer to step down trom the Council table and leave the Council Chamber, A Councilman stat~ng such disqualification shall not be ccunted as a part of a quorum and shall be considered absent for the purpcse of determining the outcome of any vote on such matter. 1.24.230 Pailure to Vote. Every Councilman should vote unless disqualified by reason of a conflict of interest. A Councilman who abstains from voting in effect consents that a majority of the quorum may de~i3e the question voted upon. 1.24.240. mny be reconsidered. Tie Vote, Tie votes shall be lost motions nnd 1. 24. 250 Changing Vote. A meinber may change his vote only if he makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to t:h.:! tiMe t,h,at.,.- ne'ltt item in the order of business is taken up. A Councilman who publicly announces that he is abstaining from voting on a particular matter shall not subsequently be al1011cd to withdraw his abstention. G-20 , .. l. 211. 260 Reconsideration. A motion to rccomli<!er any action taken by the Council may be made only on the day such action was taken, It may be either immediately during the same session, or at a recessed or adjourned .session thereof, Such motion may be made only by one of the Councilmen 11ho voted with the prevail:1.ng side. Nothing herein shall be construed to prevent any Councilman from making or remakiniz the same or any other motion at a subsequent meeting of the Council. Ordinances, Resoltuions and Contracts. (a) All ordinances shall be prepared by the City Attorney, No ordinance shall be prepared for presentation to t:he Council unless ordered by a majority vote of the Council, or request by the Mayor or City Munager, or. pr~pared.bY the City Attorney on his own initiative. (b) Prior Avprova.l by Administrati'7e Stafi. All ordinances, resolutions and contract documents shall, befo1.e presentation to the Council, have been approved as to form and legality by the City Attorney and shall have been examined and approved for administrntion by the City Manager or his authorized representative. 1,24.280 Reading of Ordinances and Resolutions. At the time of adoption of an ordinance or a resolution, it shall be read in full unless, after the reading of the title thereof, the further Feading thereof is waived by unanimous consent of the Councilmen present. Such consent may be expressed by a statement by the Presiding Officer that 'if there is no objection, the further reading of the ordinance or resolution shall be waived'. If any Councilman so -requests, the ordinance or resolution shall be read in full." SECTION 3. 1bis ordinance shall be published once in the official newspaper of the City, 3nd the same shall be effective 30 days afl:er the date of i~s adoption. This ordi.nance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the ___ day of ______ ._, 1967, and was adopted on the ____ day of ______ , 1967, by the following vote, to wit: AYES, COUNCILMEN: _______ _ NOES I COUNCILMEN: _______ _ ABSENT COUNCIUIEN: ______ _ ATTEST: City Clerk Mayor G-21 :]