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HomeMy WebLinkAboutRES 15-6988 (RULES FOR CONDUCT OF CITY COUNCIL MEETINGS)1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 IR RESOLUTION NO. 15-6988 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: The following rules of order and decorum for the conduct of City Council meetings are hereby adopted: TABLE OF CONTENTS Page SECTION 1. SCOPE 3 SECTION 2. MEETINGS 3 2.1 Regular Meetings 3 2.2 Special Meetings 3 2.3 Special Emergency Meetings 4 2.4 Closed Sessions 4 2.5 Quorum 4 2.6 Adjourned Meetings 4 2.7 Recording of Meetings 5 SECTION 3. POSTING OF NOTICE AND AGENDA 5 3.1 Posting of Notice and Agenda 5 3.2 Location of Posting 5 3.3 Posting for Regular meetings 5 3.4 Posting for Special meetings 6 3.5 Affidavit of Posting 6 SECTION 4. AGENDA — CONTENTS 6 4.1 Description of Matters 6 4.2 Availability of Agenda 6 4.3 Limitations of Actions by Agenda 6 4.4 Submittal of Written Materials by the Public 7 SECTION 5. ORDER OF BUSINESS 7 5.1 Commencement of Meeting 7 5.2 Order of Business 7 a. Call to Order 7 b. Pledge of Allegiance 8 C. Roll Call 8 d. Report of Closed Session 8 C. Announcements 8 Page 1 of 17 15-6988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R f. Presentations g. Public Participation h. Consent Calendar i. Public Hearings j . Excluded Consent Calendar k. Municipal Matters 1. City Manager's Report in. Councilmember Comments n. Other Matters from City Council o. Adjournment SECTION 6. PUBLIC COMMENT 6.1 Public Comment 6.2 Limitations 6.3 Procedure 6.4 Written communications to Council SECTION 7. PUBLIC HEARINGS 7.1 Time for consideration 7.2 Continuance of Hearings 7.3 Conduct of Hearings 7.4 Evidence 7.5 Definition of "Ex Parte" Communication SECTION 8. PROCEDURES FOR CONDUCT OF MEETINGS 8.1 Robert's Rules 8.2 Motions 8.3 Voting 8.4 Adjournment SECTION 9. DECORUM 9.1 Rules for City Councilmembers a. Role of the Presiding Officer b. Communication with Councilmembers 9.2 Communication with Members of the Public Addressing the Council 9.3 Rules for City Staff a. Decorum b. Roles of the City Manager 9.4 Rules for the Public a. Members of the Audience b. Persons Addressing the City Council 9.5 Enforcement Page 2 of 17 8 8 8 8 8 9 9 9 9 9 9 9 10 10 10 10 10 10 10 12 12 12 12 12 13 13 13 13 13 14 14 14 15 15 15 15 15 15-6988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R SECTION 1. SCOPE. 1.1 This Resolution shall establish the procedures for the conduct of all meetings the City Council of the City of Hermosa Beach. The purpose of this Resolution is to provide t] the City Council's meeting procedures will be consistent with the Brown Act (Government C Section 54950 et seq.) and establish procedures that will be convenient for the public contribute to the orderly conduct of the City's business. The procedures herein are in additic to, and not in place of, applicable ordinances and statutes, and in the event of confli between this Resolution and applicable ordinances or statutes, the latter shall govern. SECTION 2. MEETINGS. 2.1 Regular Meetings. Pursuant to the authority set forth in Municipal Code section 2.04.010, the City Council shall conduct its Regular meetings on the 2nd and 4th Tuesdays of each month. The Regular meetings of the City Council shall commence at 6:00 p.m. Only Closed Sessions (and public comment associated therewith) and Study Sessions may be held between 6:00 p.m. and 7:00 p.m. (and no other public agenda items) unless a Regular meeting is adjourned to or a Special meeting called for that time. No Closed Session or Study Session will be held during that hour unless the posted agenda of that evening's Regular meeting indicates that such session will take place; in the absence of such notification in the agenda, the Regular meeting shall commence at the hour of 7:00 p.m. Regular meetings shall be conducted in the location set forth in Municipal Code section 2.04.020. Closed Sessions shall be conducted in the location identified in the agenda. 2.2 Special Meetings. A Special meeting may be called at any time by the Presid: Officer or by any three members of the City Council. Written notice of any such meeting in be given to all members of the City Council and to all newspapers, radio and televis: stations, or other public media of general Hermosa Beach coverage who have submitted written request to the City Clerk for such notification. Such notice may be given either personal or by mail, but must be received at least 24 hours before the time set for the Special meeting. r call and notice shall specify the time and place of the Special meeting and the business to Page 3of17 15-6988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R transacted. Such notice is not necessary for any member who submits a written waiver notice to the City Clerk at or before the time set for the meeting or for any member who is actually present at the special meeting. 2.3 Emergency Meetings. An emergency meeting may be called by the Pre Officer or by a majority of the City Council where there exists: a. a work stoppage, crippling disaster or other activity which severely impairs public health, safety or both, as determined by the City Council; or b. such other circumstances specified by State law as authorizing the conduct of an emergency meeting. Any special emergency meeting shall be called, noticed conducted in accordance with procedure set forth in State law. 2.4 Closed Sessions. The City Council may hold Closed Sessions during a Regular or Special meeting, or at any time otherwise authorized by law, to consider or hear any matter which it is authorized by State law to hear or consider in Closed Session. During Closed Session, the City Council may exclude any person or persons which it is authorized by State law to exclude from a Closed Session. The City Manager shall keep a record of action taken and the vote thereon. The City Attorney shall make such reports as are required by the Brown Act. 2.5 Quorum. Three members of the City Council shall constitute a quorum and shall be sufficient to transact business. If fewer than three Councilmembers appear at a Regular meeting, any member, or if all members are absent, the City Clerk shall adjourn the meeting to a stated day and hour. All Council actions require the affirmative votes of a majority of the quorum, with the exception of those actions required by State law to have a specific minimum number of votes. 2.6 Adjourned Meetings. The City Council may adjourn any Regular, Adjourned Regular, Special or Adjourned Special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. If all members are absent from any Regular or Adjourned Regular meeting, the City Clerk may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be delivered personally to each Councilmember. A copy of the order or notice of adjournment Page 4of17 15-6988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 7R shall be conspicuously posted on or near the door of the place where the Regular, Adjourned Regular, Special or Adjourned Special meeting was held, within twenty-four (24) hours after the time of adjournment. When a Regular or Adjourned Regular meeting is adjourned as provided herein, the resulting Adjourned Regular meeting shall be a Regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the Adjourned meeting is to be held, it shall be held at the hour specified for Regular meetings. 2.7 Recording of Meetings. All open and public meetings of the City Council shall cablecast and webcast live or videorecorded for airing on the City's government channel viewing on the City's website. In that event that technical difficulties beyond the City's control prevent the cablecasting, webcasting and/or recording of a meeting, the City Council may in its discretion decide whether or not to proceed with the meeting. SECTION 3. POSTING NOTICE AND AGENDA. 3.1 Posting of Notice and Agenda. For every Regular meeting, the City Clerk or his/her designee shall post an agenda containing a brief description of all of the items of business to be discussed at the meeting. For every Special meeting, the City Clerk or designee shall post a notice of the meeting, specifying the time and place at which the meeting will be held, and an agenda containing a brief description of all the items of business to be discussed at the meeting. The notice and agenda for a Special meeting may be combined in a single document. 3.2 Location of Posting. The notice and agenda shall be posted in a place to which the public has unrestricted access during at least normal business hours and where the notice and agenda are not likely to be removed or obscured by other posted material. Specifically, notice and agenda shall be posted at the places indicated below, and/or at such locations(s) as the City Clerk may designate: City Hall, the Police Station, and the City library. The agenda shall also be posted on the City's website. 3.3 Posting for Regular Meetings. For any Regular meeting of the City Council, the notice and agenda shall be posted no later than seventy-two (72) hours prior to the time set for the meeting. Page 5 of 17 15-6988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 99 3.4 Posting for Special Megtjgg7j. For any Special meeting of the City Council, the notice and agenda shall be posted no later than twenty-four (24) hours prior to the time set fvr the meeting. 3.5 Affidavit of Postin>?. Immediately following the posting of the notice and agenda, the City Clerk or designee shall complete an Affidavit of Posting, in a form developed by the City Clerk. The Affidavit of Posting shall indicate the time of the posting, the location(s) of the posting, and shall be signed under penalty of perjury. The City Clerk shall retain all such affidavits, together with a copy of each notice and agenda so posted, in his or her files. The affidavit notice and agenda shall be retained at least two (2) years subsequent to the date of posting, and pursuant to Government Code Section 34090, shall not be destroyed by the City Clerk thereafter without the written consent of the City Attorney. SECTION 4. AGENDA —CONTENTS. 4.1 Description of Matters. All items of business to be discussed at a meeting of the City Council shall be briefly described on the agenda. The description should contain sufficiclit detail so that a person otherwise unaware could determine the general nature or subject matter of the item by reading the agenda. Closed Session agenda items shall be described with particularity to the extent feasible without compromising the confidentiality of the Closed Session. 4.2 Availability of Agenda. The agenda of each Regular meeting shall be made available to the public not later than the Friday preceding the Council meeting. 4.3 Limitation of Actions by A egnda. No action shall be taken by the City Council on any item not appearing on a posted agenda, subject only to the exceptions listed below: a. Upon a majority determination that an "emergency situation," as defined by State law, exists. b. Upon a determination by a two-thirds (2/3) vote of the members present, or if less than two-thirds of the Members are present, by unanimous vote, that there is a Ito take immediate action and that the need to take action came to the attention of the subsequent to the agenda posting. If the City Council makes a determination pursuant to this Page 6 of 17 15-6988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?9 subsection, the minutes of the meeting at which the determination is made shall reflect what circumstances gave rise to the need to take action after the agenda was posted. C. Where the item upon which action is to be taken was included on a properly posted agenda for a prior meeting of the City Council occurring not more than five (5) calendar days prior to the date of the meeting at which action is to be taken, and at the prior meeting the item was continued to the meeting at which action is being taken. 4.4 Submittal of Written Materials by the Public, Written materials pertaining to matters listed on the agenda of a Regular City Council meeting must be submitted by noon of the Tuesday before the meeting in order to be included in the agenda packet. However, written materials received after that deadline will nonetheless be posted under the relevant agenda item on the City's website at the same time as they are distributed to the City Council and provided to the City Council and the public at the meeting. Written correspondence of a general nature to the City Council will be handled in accordance with section 6.4. SECTION 5. ORDER OF BUSINESS. 5.1 Commencement of Meeting. In the event that the posted agenda calls for a Closed Session, the Mayor or the City Attorney shall announce the intention of the City Council to recess into a Closed Session and shall state the basis therefore. Public comment shall be taken on the Closed Session agenda. At the time set for each Regular meeting, the Councilmembers, City Manager, City Attorney and City Clerk shall take their regular places in the Council Chamber. The Presiding Officer shall call the meeting to order and the business of the Council shall be taken up for consideration and disposition in the order set forth in Section 5.2 except that with the of a majority of the Council, items may be taken up out of order. 5.2 Order of Business. The order of business at meetings of the City Council shall be as follows, in accordance with the procedures specified below: a. CALL TO ORDER The Presiding Officer shall call the meeting to order. Page 7 of 17 15-6988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 �R b. PLEDGE OF ALLEGIANCE The Presiding Officer shall designate a person to lead the Pledge of Allegiance. C. ROLL CALL The City Clerk shall call the roll of the Councilmembers and the names of th present shall be entered on the minutes. The order of roll call shall be alphabetical with the Ma Pro Tempore called fourth and the Mayor called last. d. REPORT OF CLOSED SESSION The Mayor or the City Attorney shall announce the basis for the Closed Session and those actions taken as are required to be reported by the Brown Act. e. ANNOUNCEMENTS Councilmembers may make any announcements at this time. f. PRESENTATIONS This time is reserved for the reading and awarding of proclamations and commendations for members of the community, service organizations and others that have merited recognition by the Council. In addition, visiting dignitaries may be introduced at this time. g. PUBLIC PARTICIPATION Oral and written comments from members of the public are accepted here as set forth in Section 6, herein. All comments from members of the public relative to Consent Calendar items must be heard at this time unless a Councilmember agrees to remove a Consent Calendar item at the request of a member of the public made at this time. h. CONSENT CALENDAR Items of a routine nature may be approved by the City Council in a single motion by adoption of the Consent Calendar. The approval of the Consent Calendar shall signify the approval of each matter or recommendation included therein. i. PUBLIC HEARINGS The Council shall conduct all public hearings as set forth in Section 7. j. EXCLUDED CONSENT CALENDAR Page 8 of 17 15-6988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R Items removed from the Consent Calendar for discussion shall be heard at this time. k. MUNICIPAL MATTERS The Council shall take up all matters of new and old business. 1. CITY MANAGER'S REPORT This section is set aside for the City Manager to update the Council on important items initiated by staff or previously requested by the City Council. M. COUNCILMEMBER COMMENTS This portion of the meeting shall be set aside for general comments, reports of meeting attendance, requests of staff, and/or other issues of concern from members of the City Council, and brief responses to audience comments. No extensive discussion of these comments is permitted. n. OTHER MATTERS FROM CITY COUNCIL Direction from the City Council to place items of business on a future agenda shall be given at this time by a majority of the Council. No discussion, action or public comments shall be taken at this time. o. ADJOURNMENT SECTION 6. PUBLIC COMMENT. 6.1 Public Comment. During the Public Participation section of the agenda, any member of the public may address the City Council on items appearing on the Consent Calendar. Comments concerning other items on the agenda will be heard at the time the item is considered during the course of the meeting; however, they may be offered at this time if the member of the public cannot be in attendance later in the evening. Members of the public may also comment upon any other items of interest that are within the subject matter jurisdiction of the City Council at this time. Any Councilmember may request that matters addressed under Public Participation be placed for action on a subsequent agenda; however, no action shall be taken on items not appropriately placed on the agenda except in a situation as described in Section 4.3. Page 9of17 15-6988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R 6.2 Limitations. The public comment period shall be limited to no more than three (3) minutes for each speaker, unless the Presiding Officer determines that good cause exists to extend the time and doing so will not be arbitrary or unfair. The Presiding Officer also may allow additional time for the spokesperson of a group if doing so will limit the number of persons speaking and avoid repetitious presentations. 6.3 Procedure. Upon addressing the City Council, each speaker may choose to state his or her name and city of residence and then identify the subject or subjects upon which he or she intends to speak. Speakers shall address their comments or questions to the City Council as whole, and not to any particular Council or staff member or to the audience. 6.4 Written Communications to Council. Persons who wish to address an issue to the City Council for the official record may submit written material to the Council in lieu of or in addition to speaking under the Public Participation section of the meeting. Such written correspondence must be delivered to the City Clerk by noon of the Tuesday one week before the Regular Council meeting in order to be included on the agenda. SECTION 7. PUBLIC HEARINGS. Matters which are required to be heard in a noticed public hearing shall be conducted in the following manner: 7.1 Time for consideration. Matters noticed as public hearings shall commence no earlier than the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made. 7.2 Continuance of Hearings. Any public hearing being held or noticed or ordered to be held by the City Council may, by order or notice of continuance, be continued or re -continued to any subsequent meeting in the manner provided for under Section 2.6. 7.3 Conduct of Hearings. When a matter for public hearing comes before the City Council, the Presiding Officer shall open the public hearing and: a. Call for a report on noticing from the City Clerk. Page 10 of 17 15-6988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R b. Call for a report on written communications received by the Ci pertaining to the item being heard. C. With respect to quasi-judicial matters, request that each Councilmember report on any ex parte communications, as defined in Section 7.5. d. Request that staff present the staff report and any other relevant evidence. Presentation of the staff report prior to the formal opening of the public hearing shall not prevent its consideration as evidence. Any such evidence shall be made a part of the record of the public hearing. e. The Presiding Officer shall then recognize the proponents or appellants in the case, who shall be permitted ten (10) minutes to present evidence related to the matter under consideration. f. The Presiding Officer shall then recognize members of the public. No person may speak without first being recognized by the Presiding Officer. Members of the City Council who wish to ask questions of the speakers or each other during the public hearing may do so. Members should be mindful that the purpose of the public hearing is to obtain testimony, and not to debate the merits of the item under consideration. Members should avoid debate and expressions of personal opinion until after the close of the public testimony portion of the public hearing. The Presiding Officer shall conduct the hearing in such a manner as to afford due process to all affected persons. Comments from the public shall be limited to three (3) minutes per speaker for public hearings, unless the City Council affirmatively decides otherwise. g. Following public comments, the proponents or appellants may present wrap-up or rebuttal statement, not to exceed five (5) minutes in length. h. The Presiding Officer shall then close the public testimony portion of public hearing. Councilmembers may still, however, ask questions of staff or members of the public. Upon conclusion of Council deliberations and immediately prior to a motion, the Presiding Officer shall formally close the public hearing. Upon formally closing the public hearing, no additional public testimony shall be solicited or received without reopening the hearing. Page 11 of 17 15-6988 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R The hearing may not be reopened unless it is determined that no one in the audience has left the room since closure of the hearing. In the event the Presiding Officer is unable to make that finding, the hearing may not be reopened unless it is renoticed for a future meeting. i. The City Council shall then take action. 7.4 Written Evidence. All persons interested in the matter being heard by the City Council shall be entitled to submit written evidence of any kind. All such evidence presented shall be retained by the City Clerk as part of the Clerk's record. 7.5. Definition of "Ex Parte" Communication. "Ex parte communication" shall mean any oral or written communication between a member of the Council and any person, which meets all of the following requirements: (i) it is directed toward the merit or outcome of a quasi-judicial matter within the Council's jurisdiction; (ii) an application, recommendation or appeal on the matter has been submitted to the Council; (iii) the communication imparts substantive factual information which constitutes the basis of or otherwise influences the Councilmember's deliberation or decision on the matter; (iv) the information is not included in the staff report or other written materials contained in the agenda of the meeting at which the matter is to be heard or otherwise on the official record of the proceeding on the matter; and (v) the communication does not occur in a public meeting as defined in the Ralph M. Brown Act (California Government Code Section 54950, et seq.). SECTION 8. PROCEDURES FOR THE CONDUCT OF MEETINGS. 8.1 Robert's Rules. Unless otherwise specified in this Resolution or by other ordinance or resolution, meetings of the City Council will be conducted to the extent practicable in accordance with the most recently revised edition of Robert's Rules of Order. In the event of an conflict between Robert's Rules and this Resolution, the Municipal Code or of State law, the latte three sources of authority shall govern. 8.2 Motions. The Mayor or any member of the Council may bring a properl, agendized matter of business before the Council by making a motion. Before the matter can b, considered or debated it must be seconded. Once the motion has been properly made ani Page 12 of 17 15-6988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R seconded, the Presiding Officer shall open the matter for debate offering the first opportunity to debate to the moving party and, thereafter, to any Councilmember properly recognized by the Presiding Officer. Debate shall be closed upon consent of a majority of the City Council. Once the matter has been fully debated and the Presiding Officer calls for a vote, no further debate will be allowed, unless the Council overrules the Presiding Officer by a majority vote. A motion that results in a tie vote does not pass. 8.3 Voting. Every Councilmember should vote unless disqualified by reason of a financial or common law conflict of interest. A Councilmember may change his or her vote prior to the time that the Presiding Officer or City Clerk announces the outcome of the vote on the motion, and not after. 8.4 Adjournment. The City Council shall adjourn each Regular meeting by 10:30 p.m. unless a majority of the members present vote to extend the adjournment time. Notwithstanding the foregoing, any item of business commenced prior to 10:30 p.m. may be completed without the necessity of an adjournment extension vote. Upon adjournment, those items of business not completed shall be continued to the next Regular City Council meeting unless the Counc schedules the items for an Adjourned meeting to take place prior to the next meeting. SECTION 9. DECORUM. 9.1 Rules for City Councilmembers. Members of the City Council shall conduc themselves in an orderly and businesslike manner to ensure that the business of the City shal be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process of the City Council is maintained at all times. Members of the Council shall maintain a polite, respectful and courteous manner when addressing one another, City staff and members of the public during meetings. a. Role of the Presiding Officer. The Presiding Officer of the City Council, who shall be the Mayor, or in the Mayor's absence the Mayor Pro Tempore, or in their absence any other member designated by the City Council, shall be responsible for maintaining the order and decorum of meetings. It shall be the duty of the Presiding Officer to ensure that the rules Page 13 of 17 15-6988 E 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R of operation and decorum contained herein are observed. The Presiding Officer shall maintain control of communication between Councilmembers and between the Council, staff and the public. b. Communication with Councilmembers. 1) Councilmembers should request the floor of the Presiding O before speaking. 2) A Councilmember who is speaking shall attempt to avoid repetition and shall endeavor to limit his or her comments to the subject matter at hand. Councilmembers should endeavor to express their views without engaging in lengthy debates. 3) When one Councilmember is speaking, other Councilmembers shall not interrupt or otherwise disturb the speaker. 9.2 Communication with Members of the Public Addressing the Council. a. Councilmembers may, after requesting the floor of the Presiding Officer, question a person addressing the Council at the conclusion of the person's comments or upon expiration of the person's time to speak. b. Councilmembers shall not engage the person addressing the Council in a dialogue with the City Council or City staff, but shall confine communication to a question and answer format. C. If a member of the audience has addressed the Council on matters which are not on the agenda, Councilmembers shall refrain from extended discussions of the matter. If a Councilmember so wishes, the Councilmember may, during the Councilmember Comments or Other Matters portion of the meeting, direct the City Manager to place the matter on the next agenda. 9.3 Rules for City Staff. a. Decorum. City staff shall not engage in public dialogue or debate witt members of the public during public meetings. When addressed by the Council, staff shall responc in a polite and respectful manner. Page 14 of 17 15-6988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 7R b. Role of the City Manager. The City Manager's duties during Council meetings include keeping a record of concerns raised by the Council regarding matters and directions for future staff action. 9.4 Rules for the Public. a. Members of the Audience. Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City Council meeting unfeasible. A member of the audience repeatedly or continuously engaging in any such conduct shall, at the discretion of the Presiding Officer or a majority of the City Council, be subject to ejection from that meeting. b. Persons Addressing, the City Council. 1) Any person wishing to speak shall approach the speaker when called upon by the Presiding Officer. 2) No person shall address the City Council without first be recognized by the Presiding Officer. 3) Each person addressing the City Council shall do so in an orderly manner and shall not make repetitious, slanderous or irrelevant remarks, or engage in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meetings. Any person who so disrupts the meeting may, at the discretion of the Presiding Officer or a majority of the City Council, be subject to ejection from that meeting. 4) Persons addressing the City Council shall adhere to the time limit established for public comment and conclude their comments when requested to do so by the Presiding Officer. 9.5 Enforcement. a. Upon a violation of the rules of order and decorum established in 9.4 of this resolution, the procedure to enforce the rules is as follows: Page 15 of 17 15-6988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 IR 1) Warning. The Presiding Officer shall request that a person who is violating the rules of decorum cease such conduct. If after receiving a warning from the Presiding Officer, the person persists in the violation, the Presiding Officer shall order the person to leave the City Council meeting. If the person does not leave the meeting, the Presiding Officer may order any law enforcement officer who is on duty at the City Council meeting as sergeant -at -arms to remove the person from the City Council chambers. 2) Removal. Any law enforcement officer who is serving as sergeant - at -arms at the City Council meeting shall carry out the orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum. Upon instruction of the Presiding Officer, it shall be the duty of the sergeant -at -arms to remove from the City Council meeting any person who is disturbing the proceedings of the City Council. 3) Resisting Removal. Any person who resists removal by the sergeant -at -arms may be charged with any applicable ordinance or law. 4) Motion to Enforce. If the Presiding Officer of the City Council fails to enforce the rules of order and decorum set forth above, any member of the City Council may move to require the Presiding Officer to do so, and an affirmative vote of a majority of the City Council shall require the Presiding Officer to do so. If the Presiding Officer fails to carry out the will of the majority of the City Council, the majority may designate another member of the City Council to act as Presiding Officer for the purpose of enforcing the rules of order and decorum established above. 5) Clearing the Room. If a meeting of the City Council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the Presiding Officer or a majority of the City Council may exercise the authority granted in the California Government Code Section 54957.9 by ordering the meeting room cleared and continuing in session in the manner authorized by Section 54957.9 of the Government Code. Members of the press shall be permitted to remain unless they have participated in the disruption. SECTION 10. Resolution No. 12-6787 is hereby rescinded. Page 16 of 17 15-6988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?9 SECTION 11. The City Clerk shall certify to the passage and adoption of this Resoluti shall enter the same in the book of original Resolutions of said city; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council at which same is passed and adopted. PASSED, APPROVED AND ADOPTED this 28th day of July, 2015. PRESIDENT of the City Council and MAYOR of &e City of Hermosa Beach, California ATTEST: City Clerk APPROVED ASITO FORM: ity Attorney Page 17 of 17 15-6988 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 15-6988 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a Regular Meeting of said Council at the regular place thereof on July 28, 2015. The vote was as follows: AYES: DiVirgilio, Fangary, Petty, Tucker, Mayor Barragan NOES: None ABSTAIN: None ABSENT: None Dated July 28, 2015 Elaine Doerfling, City er