10-156 RESOLUTION NO. 10-156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
MODIFYING ESTABLISHED RULES OF DECORUM AND PROCEDURES FOR CONDUCT
OF CITY COUNCIL MEETINGS TO ALLOW FOR ADDITIONAL COUNCILMEMBER
COMMENTS AND AGENDA APPROVAL ITEM
Whereas, the City Council of the City of Menifee has incorporated on October 1, 2008,
and after time to work with the agenda order have determined that some changes should be
made to both allow for items requested by the Council and make for a smooth orderly conduct
of the meetings, and;
Whereas, the City Council has determined that public participation in meetings is
enhanced when members of the public and Council Members utilize pre-established rules and
policies that allow the presentation of various viewpoints and perspectives on matters of
community concern; and
Whereas, the City Council from time-to-time proposes to adopt such rules and policies to
govern various City activities.
NOW, THEREFORE, the City Council of the City of Menifee does resolve and order as
follows:
SECTION 1. ADOPTION OF RULES AND POLICIES: As amendment to Policy No.
01, the City Council adopts the Modified Rules of Decorum and Procedures for Conduct of City
Council meetings as set forth in Exhibit "A", attached hereto and incorporated herein by
reference.
PASSED, APPROVED AND ADOPTED this 6th day of July, 2010
a
Wallace W. Edgerton, Mayor
Attest:
Kathy Bennett, City Clerk
Approved as to form:
Karen Feld, City Attorney
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CITY OF MENIFEE Policy No.: 01
City Council Policy Exhibit A
Subject
Effective Date: October 1,
2008
Rules of Decorum and Procedures for the Modified January 5, 2010
Conduct of City Council Meetings Modified July 6, 2010
Page 1 of 11
Purpose.
The purpose of this Policy is to establish rules of decorum and procedure for City officials, Staff,
and members of the public at all meetings of the City Council to ensure that the business of the
City is attended to thoroughly and efficiently with opportunities for orderly public participation.
Rules of Decorum and Procedure.
1. Rules for City Councilmembers.
A. Decorum: Members of the City Council shall conduct themselves in an orderly,
professional and businesslike manner to ensure that the business of the City shall 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 City Council shall maintain a polite,
respectful and courteous manner when addressing one another, the City Staff, and members of
the public during City Council meetings.
B. Role of the Presiding Officer: The Presiding Officer of the City Council, who shall
be the Mayor, or in the Mayor's absence the Vice Mayor, or in both of 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 of
decorum and procedure contained herein are observed. The Presiding Officer shall maintain
control of communication between Councilmembers and between the City Council and
members of the public. The Presiding Officer may make and second motions when no other
Council member does so.
The Presiding Officer shall serve as the parliamentarian and decide all questions of
order under these rules. Any such decision shall be final unless overriden by a majority vote of
the Councilmember's present and shall be binding and legally effective (even where clearly
erroneous)for purposes of the matter under consideration
C. Communications between City Councilmembers at Meetings:
(1) Councilmembers wishing to speak should request the floor by being
recognized by the Presiding Officer before speaking. The Presiding Officer must recognize any
Councilmember who seeks the floor when appropriately entitled to address the City Council.
(2) No Councilmember shall speak again until all Councilmembers have had
the opportunity to speak.
(3) Councilmembers shall remember that the purpose of the City Council
meeting is to conduct the business of the City. Councilmembers shall avoid repetition and shall
CITY OF MENIFEE Policy No.: 01
City Council Policy
Subject Effective Date: October 1,
2008
Rules of Decorum and Procedures for the Modified January 5, 2010
Conduct of City Council Meetings Modified July 6, 2010
Page 2 of 11
limit their comments to the subject matter at hand. Councilmembers should endeavor to express
their views without engaging in unnecessarily lengthy debates.
(4) When one Councilmember is speaking, other Councilmembers shall not
interrupt, disrupt or disturb the speaker. During questions and deliberations, the Presiding
Officer may vary the speaking sequence of Councilmembers from item to item.
(5) Communications between Councilmembers outside meetings is governed
by the Brown Act.
D. Communication with Members of the Public Addressing the Council:
(1) On specific agenda items, Councilmembers may question any person
addressing the City Council at the conclusion of that person's testimony or all public testimony
on that agenda item. A Councilmember wishing to ask questions of a member of the public
should first be recognized by the Presiding officers.
(2) Councilmembers shall not engage the person addressing the City Council
in a dialogue, but shall confine communication to a brief question and answer format conducted
through the Presiding Officer.
(3) All Council member requests to speak shall be made to the Presiding
Officer.
(4) If a member of the public addresses the City Council on a matter that is
not on the agenda (e.g., during public comment), the Brown Act does not allow Councilmembers
to engage in discussions nor deliberation of the matter. A Councilmember may do the following:
refer the matter to staff (or another source); ask for additional information or request a report
back; or give a very limited factual response. If a Councilmember so wishes, the
Councilmember may, during the Councilmember Comments portion of the meeting, request that
the matter be placed on the next agenda or respond briefly to the item.
(5) The City Council may not prohibit public criticism of the policies,
procedures, programs, or services of an agency or its acts or omissions. A speaker may not be
stopped from speaking because either the Presiding Officer or members of the City Council
disagree with the viewpoint being expressed.
2. Rules for City Staff.
A. Decorum: City Staff shall not engage in dialogue with members of the public
CITY OF MENIFEE Policy No.: 01
City Council Policy
Subject Effective Date: October 1,
2008
Rules of Decorum and Procedures for the Modified January 5, 2010
Conduct of City Council Meetings Modified July 6, 2010
Page 3 of 11
during City Council meetings and shall limit conversations between themselves as much as
possible. City Staff shall direct all comments and presentations to the City Council and/or
Presiding Officer. When addressed by a City Councilmember, Staff shall respond in a polite,
professional, and courteous manner. All requests to speak by members of the City Staff shall
be made to the Presiding Officer.
B. Role of the City Manager: The City Manager's duties during City Council
meetings include keeping a record of concerns raised by the City Council regarding direction for
future Staff action and facilitating the orderly presentation of Staff reports.
C. Role of the City Clerk: The City Clerk or his/her deputy shall keep minutes of the
open meeting; shall call and record roll call votes; and shall read ordinance titles and agenda
items as requested by the Mayor.
3. Rules for Members of the Public.
A. Wlthin the City Council Chambers:
(1) Members of the audience shall not engage in disorderly or boisterous
conduct, including the utterance of obscene, lewd, loud, threatening, repeatedly irrelevant or
repetitious, or abusive language; clapping, whistling, yelling, stamping of feet, or other acts
which disturb, disrupt, impede or otherwise render the orderly conduct of the City Council
meeting infeasible. A member of the audience engaging in any such conduct may, after warning
by the Presiding Officer, at the discretion of the Presiding Officer or a majority of the City
Council, be subject to ejection from that meeting.
(2) No person shall stand or sit in the aisles. No person shall block any
doorways or other exits.
(3) Placards, signs, and posters may be brought into the City Council
Chambers unless such objects disturb, disrupt, impede or otherwise render the orderly conduct
of the City Council meeting infeasible, or block the view of any other person in attendance, in
which case such placard, sign, or poster shall, at the discretion of the Presiding Officer or a
majority of the City Council, be moved to a different location or removed from the City Council i
Chambers. i
i
(4) Packages, bundles, suitcases or other large or potentially dangerous
objects shall not, without the prior authorization of the Presiding Officer, be brought into the City
Council Chambers and are subject to search to determine that they do not pose a threat or as
otherwise requested by the Sergeant at Arms.
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CITY OF MENIFEE Policy No.: 01
City Council Policy
Subject Effective Date: October 1,
2008
Rules of Decorum and Procedures for the Modified January 5, 2010
Conduct of City Council Meetings Modified July 6, 2010
Page 4 of 11
(5) Except as otherwise allowed by the City Council, no animals except for
service animals shall be brought into the City Council Chambers.
(6) Photographs, audiotapes and videotapes may be taken from the rear of
the Chambers or from any seat within the City Council Chambers, so long as such activity does
not disrupt and disturb the audience, public speakers and Councilmembers and interfere with
the orderly conduct of the meeting. When a filming area has been designated by the Council,
filming shall occur in that area only.
(7) Within the City Council Chambers, all cell phone and pager ringers shall
be turned off; no talking on cell phones is allowed; and all electronic equipment shall be
operated in a manner which does not emit sound or disturb other members of public or disrupt
the orderly conduct of the meeting.
(8) The Sergeant-at-Arms is authorized to enforce these rules.
B. Noise in the Lobby: Noise emanating from the lobby outside the City Council
Chambers which is audible within the City Council Chambers shall not be permitted. The
Sergeant-at-Arms is authorized to enforce this rule by requesting those in the lobby to remain
silent or to leave the area.
C. Persons Addressing the City Council:
(1) Members of the public may address the City Council during the Public
Comment Period(s) or prior to the consideration of any agenda item. Any person wishing to
speak, whether during the Public Comment Period or on an agenda item, is requested to
complete a "Speaker Request Form" and submit the form to the City Clerk prior to the calling to
order of the meeting or as soon as possible thereafter. A person who speaks on an item during
Public Comment may not make the same comment again at the time the agenda item is heard.
All those speaking shall do so from the podium.
(2) No person shall address the City Council without first being recognized by
the Presiding Officer. The person shall respond when his/her name is called from the speaker
slip, shall go to the podium, or shall raise his/her hand to indicate that he/she wishes to go to the
podium to speak. Impromptu personal points of order, comments, objections or questions shall
not be recognized, and if they persist, after the Presiding Officer has warned of the offense, a
member of the public engaging in such conduct shall, at the discretion of the Presiding Officer or
a majority of the City Council, be subject to ejection from the meeting.
(3) The purpose of addressing the City Council is to formally communicate to
the Council on matters relating to City business or citizen concerns. Persons addressing the
City Council on an agenda item shall confine the subject matter of their remarks to the particular
matter before the Council.
(4) Each person addressing the City Council shall do so in an orderly manner
CITY OF MENIFEE Policy No.: 01
City Council Policy
Subject Effective Date: October 1,
2008
Rules of Decorum and Procedures for the Modified January 5, 2010
Conduct of City Council Meetings Modified July 6, 2010
Page 5 of 11
and shall not engage in any conduct that disrupts, disturbs, or otherwise impedes the orderly
conduct of the City Council meeting. Any person who so disrupts the meeting may, after
warning by the Presiding officer, and at the discretion of the Presiding Officer or a majority of the
City Council, be subject to ejection from that meeting.
(5) Persons addressing the City Council shall address the Council as a whole
and shall not engage in a dialogue with individual Councilmembers, City Staff, or with other
members of the audience.
(6) Members of the public have the right to address the City Council at any
regular meeting on any subject that is within the City Council's subject matter jurisdiction. The
Presiding Officer may prohibit a member of the public from speaking on a matter not within the
City Council's subject matter jurisdiction.
(7) Members of the public addressing the City Council shall have three (3)
minutes to speak. All Public Comments portion of the agenda shall not exceed thirty (30)
minutes total. The City Council may, by majority vote, alter these time limits. Members of the
public should refrain from unduly repetitious comments. This rule shall not apply to the
proponents at public hearings.
(8) Members of the public addressing the City Council have the right to
request a spokesperson be chosen for a group and/or limit the number of such persons
addressing the Council whenever a group of persons wishes to address the Council on the
same subject matter. No member of the public made cede his time to speak to another.
However, when a speaker represents a large group, he/she should so indicate and request
additional time to speak from the Presiding Officer.
(9) Any public requests for Staff comment shall be made to the Presiding
Officer, who may then direct such inquiries to the City Manager or City Attorney as appropriate.
(10) No person except City officials shall be permitted within the platform area
in front of the Council dais without the prior consent of the Presiding Officer or City Manager.
(11) When a question is addressed to a specific Councilmember by a member
of the public, that question must go through the Presiding Officer. The Presiding Officer may
respond or may pause to allow another Council member to ask to be recognized. If no other
Council member does so, the Presiding Officer shall move on to the next item.
4. Enforcement of Rules.
A. Sergeant-at-Arms: The head of the City's police agency or his/her designee
shall be ex-officio Sergeant-at-Arms of the City Council. The Sergeant-at-Arms shall carry out
all orders and instructions given by the Presiding Officer for the purpose of maintaining order
and decorum in the City Council Chambers. The Sergeant-at-Arms shall enforce the rules of
CITY OF MENIFEE Policy No.: 01
City Council Policy
Subject Effective Date: October 1,
2008
Rules of Decorum and Procedures for the Modified January 5, 2010
Conduct of City Council Meetings Modified July 6, 2010
Page 6 of 11
decorum or eject any person(s) from the City Council Chambers or place the person(s) under
arrest or both, upon the direction of the Presiding Officer, or upon his or her own discretion, as
applicable.
B. Violations: Upon a violation of the rules of decorum established herein, the
procedure to enforce the rules is as follows:
(1) Warning: The Presiding Officer shall first request that a person who is
violating the rules cease such conduct. If, after receiving a request from the Presiding Officer,
the person persists in violating these rules, the Presiding Officer shall order a recess. The
sergeant-at-arms is authorized to warn the person that their conduct is violating the rules and
that they are requested to cease such conduct. If upon resumption of the meeting the violation
persists, the Presiding Officer shall order another recess, whereupon the sergeant-at-arms shall
have the authority to order the person ejected from the meeting and/or cited in violation of Penal
Code Section 403.
(2) Motion to Enforce: Any Councilmember may call a point of order should
the City Council fail to abide by the provisions of this Policy, whereupon the City Council shall
immediately act upon the point of order by roll call vote. If the Presiding Officer of the City
Council fails to enforce the rules of decorum set forth herein, 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 remainder of the meeting, for the limited purpose of
enforcing the rules of decorum established herein.
(3) Clearing the Room: Pursuant to Government Code Section 54957.9, in
the event that any meeting is willfully interrupted by a group or groups of persons so as to
render the orderly conduct of such meeting unfeasible and order cannot be restored by the
removal of the individuals who are willfully interrupting the meeting, by a majority vote of the
Councilmembers the meeting room may be ordered cleared and the meeting shall continue in
session. Only matters appearing on the agenda may be considered in such a session.
Representatives of the press or other news media, except those participating in the disturbance,
shall be allowed to attend any session held pursuant to Section 54957.9.
(4) Violation of the California Penal Code: A person or persons who willfully
and intentionally impair or impede the conduct of a City Council meeting by violating these rules
of decorum may be prosecuted under Penal Code Section 403 for disturbing a public meeting.
Every person.who violates Penal Code Section 403 is guilty of a misdemeanor.
CITY OF MENIFEE Policy No.: 01
City Council Policy
Subject Effective Date: October 1,
2008
Rules of Decorum and Procedures for the Modified January 5, 2010
Conduct of City Council Meetings Modified July 6, 2010
Page 7 of 11
5. Voting.
Any Councilmember may bring a motion to vote on an agenda matter properly seconded, either
for purposes of voting on the particular matter or for discussion. If it appears that there is
consensus of opinion among the Councilmembers on the matter to be voted upon, the Presiding
Officer may state the consensus of the City Council and ask if there is any objection. If there is
no objection, the consensus as so stated shall become the order of the City Council. Otherwise,
all votes of the City Council shall be by voice vote. After every vote, the Presiding Officer shall
declare the result, and on all but consensus votes, shall note for the record the number of votes
for or against the question. A member may change his vote only before the next order of
business.
A. Roll Call Voting: Every non-urgency ordinance and any resolution or order for
franchises or payments of money shall require three (3) affirmative votes. An urgency
ordinance and certain resolutions shall require four (4) affirmative votes (i.e. adding matters to
the agenda, Resolution of Necessity). A roll call vote shall be used in these cases with the
Mayor called last. Other questions before the Council shall not require a roll call vote unless
one is requested by a Councilmember.
B. Effect of Silence: Unless a Councilmember audibly votes in the negative,
disqualifies himself or herself or expressly declines to vote, his or her silence shall be recorded
as an affirmative vote on the matter before the Council.
C. Reconsideration: Any Councilmember who voted with the majority may move for
a reconsideration of any action at the same or next meeting.
D. Tie Votes: Tie votes shall be lost motions. The matter under consideration
resulting in a tie vote shall be continued on the agenda of the next regular meeting unless the
Council specifically provides otherwise.
E. Quorum: Unless otherwise provided in state law or the Municipal Code or
ordinances, a majority of the City Council present at a meeting shall be sufficient to do business,
i.e. if 3 Councilmembers are present, a 2-1 may be sufficient for certain matters that are not
ordinances, resolutions, franchise or orders for payment of money.
F. Legally Required Participation: If a majority of the Council were to be disqualified
to vote on a matter by reason of potential conflicts of interest, the Council may utilize the "rule of
necessity" to select by lot or other random selection that number of its disqualified members
which, when added to the members eligible to vote, shall constitute a quorum. Those chosen
may vote on the matter but may not discuss it.
6. Robert's Rules of Order.
Because Robert's Rules of Order does not directly apply to City Council meetings, Robert's
CITY OF MENIFEE Policy No.: 01
City Council Policy
Subject Effective Date: October 1,
2008
Rules of Decorum and Procedures for the Modified January 5, 2010
Conduct of City Council Meetings Modified July 6, 2010
Page 8 of 11
Rules of Order cannot be strictly followed and, as such, is not formally adopted by the City
Council. However, in the absence of an applicable state law or rule, Robert's Rules of Order,
Newly Revised, shall be used as a guide. Therefore, for purposes of expediting the transaction
of City business in an orderly fashion, the Chart of Related Motions, attached hereto as Exhibit
"A", is intended to be used by Councilmembers as a procedural guide. However, no action of
the City Council shall be invalidated or the legality thereof affected by the failure or omission to
observe or follow Robert's Rules of Order or the attached Chart of Related Motions.
7. Form and Precedence of Related Motions.
Once a main motion is properly brought before the City Council and seconded, related motions
may be employed in addressing the main motion. These motions take precedence over the
main motion and, if properly made and seconded, must be resolved before the main motion can
be acted upon. If a main motion is pending, no related motion other than those specifically
listed in the Chart of Related Motions attached hereto as Exhibit "A" may be made, and any
such motion may be declared out of-order by the Presiding Officer. These related motions may
or may not be debatable as indicated in the Chart of Related Motions.
8. City Council Agendas,
A. Order of Business: Generally, the order of business at regularly scheduled
meetings of the City Council shall be as follows, unless otherwise re-ordered by the Presiding
Officer with the consensus of the City Council:
(1) Call to Order
(2) Words of Inspiration
(3) Pledge of Allegiance
(4) Roll Call of City Councilmembers
(5) Agenda Approval or Modifications
(6) Introductions and Presentations
(7) Schedule of Future Events
(8) a. Public Comments
b. Councilmember Updates and Comments
(9) Approval of Minutes
(10) Consent Calendar
(11) Public Hearing Items
(12) Continued Items
(13) New Business
(14) City Manager Reports
(15) Matters Presented by Mayor and Councilmembers
(16) Closed Session
(17) Adjournment
CITY OF MENIFEE Policy No.: 01
City Council Policy
Subject Effective Date: October 1,
2008
Rules of Decorum and Procedures for the Modified January 5, 2010
Conduct of City Council Meetings Modified July 6, 2010
Page 9 of 11
B. Consent Calendar: Items of a routine or generally uncontested 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. Upon request of any Councilmember, or upon the request of a member of the
public made through the Presiding Officer, an item may be removed from the Consent Calendar
for separate discussion and/or action. Each item proposed for consideration as part of the
Consent Calendar, including any recommended action, shall be described on the notice and
agenda posted for the meeting.
C. Councilmember Comments: In addition to receiving comment from the public,
there is a specific item on the agenda for receiving general comments, announcements, and/or
suggestions from Councilmembers. These matters may not be discussed or deliberated, and if
they do not concern an item on the agenda, shall be handled by the Presiding Officer according
to the same procedures set forth for Public Comment. No action may be taken on such matters
without being placed on a subsequent agenda.
D. 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 is authorized to be heard or considered in closed session by State law. If a closed
session is included on the agenda, the description of the item need only identify the statutory
basis for the closed session, and need not include the specific topic which is the subject of the
closed session, unless otherwise required by law. 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. No minutes of the proceedings of the City Council during closed session are required.
There shall be no closed session during any special emergency meeting.
E. Council Agenda Packets: City Staff should assemble and distribute to each
Councilmember the agenda packet, including all agenda item materials and supporting
documentation, by 5:00 p.m., the Friday before the City Council meeting. Any supplemental
agenda item materials, exhibits, and/or other documents related to an agenda item, proposed to
be distributed after the time Councilmember agenda packets are sent, shall be distributed to
each Councilmember no later than twenty-four (24) hours prior to the Council meeting, provided
however the City Manager may distribute supplemental materials after the twenty-four (24) hour
period upon a determination of necessity.
9. Placement of Items on City Council Meeting Agenda.
A. Agenda Items: Any Councilmember, including the Presiding Officer, may bring a
matter of business properly before the City Council during Councilmember comments and
reports, to add an item to a future agenda. At that time, the Presiding Officer shall coordinate
1
CITY OF MENIFEE Policy No.: 01
City Council Policy
Subject Effective Date: October 1,
2008
Rules of Decorum and Procedures for the Modified January 5, 2010
Conduct of City Council Meetings Modified July 6, 2010
Page 10 of 11
with the City Manager or City Attorney as to the requisite time needed for City Staff to fully
research the matter(s) requested and a reasonable time in which to present the matter(s) for
City Council consideration at the next available agenda. All individual Councilmember agenda
items requested shall be placed on the future agenda at the end of New Business.
B. Other Agenda Items: The Presiding Officer and Vice Mayor, in coordination with
the City Manager shall be responsible for scheduling all other agenda items through an agenda
review meeting which shall be held on the Wednesday before the City Council Meeting.
10. Public Hearings Required by Law.
Except as provided otherwise by law, public hearings shall generally be conducted as follows:
A. At the beginning of each public hearing item, the Presiding Officer shall
announce the item for the public hearing, request that Staff present the Staff report and any
other relevant evidence, and open the public hearing. The 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.
B. Following the Staff report and opening of the public hearing, the Presiding Officer
shall thereupon call upon the proponent (if other than staff) to present his/her its presentation.
Thereafter, the Presiding Officer shall inquire as to whether there are any persons present who
desire to address the City Council on the matter. Any person desiring to speak or present
evidence shall then make their presence known to the Presiding Officer and, upon being
recognized by the Presiding Officer, may speak or present evidence relevant to the subject
matter being heard. No person may speak without first being recognized by the Presiding
Officer. It is customary for the Presiding Officer to recognize those speakers in support of the j
subject matter being heard followed by those speakers in opposition.
C. The applicants, appellant, and/or their representatives shall speak first and shall
have a sufficient time to do so, any portion of which may be reserved and used for rebuttal.
D. Each member of the public wishing to address the City Council, other than the
applicant/appellant, shall then be allowed to address the City Council and shall have three (3)
minutes to speak. Prior to declaring the public hearing open, however, when necessary because
of the number of possible speakers, the Presiding Officer may establish a time limit for the entire
public hearing, or establish time limits for the presentation of each individual speaker. All
persons interested in the matter being heard by the City Council shall be entitled to submit
written evidence or remarks, as well as other graphic evidence. All such evidence presented
shall be retained by the City Clerk as part of the Clerk's record.
CITY OF MENIFEE Policy No.: 01
City Council Policy
Subject Effective Date: October 1,
2008
Rules of Decorum and Procedures for the Modified January 5, 2010
Conduct of City Council Meetings Modified July 6, 2010
Page 11 of 11
E. Councilmembers who wish to ask questions of the speakers, staff or each other,
during the public hearing portion, may do so only after being recognized by the Presiding Officer
in the manner set out in these Rules.
F. Councilmembers 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. Councilmembers
should avoid debate and expressions of personal opinion until after the close of the public
hearing. .
G. Following the conclusion of such questions, the Presiding Officer shall allow the
applicant/appellant the opportunity for rebuttal.
H Following the rebuttal, the Presiding Officer shall close the public hearing and
then allow each Councilmember to state his/her opinion on the item before asking for a motion
to decide the matter.
I. Upon closing of the public hearing by the Presiding Officer, no additional public
testimony shall be solicited or received by the City Council without reopening the public hearing
through the Presiding Officer with consensus of the City Council.
J. The Presiding Officer at all times shall conduct the public hearing in such a
manner as to afford due process to all affected persons
11. Suspension of the Rules.
Any provision of these Rules not already governed by City ordinance or State law may be
suspended by majority vote of the City Council.
12. Interpretation and Applicability.
The rules of decorum and procedure set forth herein shall be liberally construed to effectuate
their purpose and no ordinance, resolution, proceeding or other action of the City Council shall
be invalidated, nor the legality thereof otherwise affected, by the failure or omission of the City
Council to technically comply with, observe, or otherwise follow such rules. The rules of
decorum and procedure set forth herein shall apply to the Planning Commission and other City
boards and commissions subject to the Brown Act and shall apply to the City Council Chambers
or any other location where a meeting subject to these rules takes place. In the event of any
inconsistency between these rules and state law or regulation, state law or regulation shall
apply.
I
MENIFEE.
Wallace W.Edgerton
Mayor
Fred Twyman
Mayor Pro Tem
STATE OF CALIFORNIA )
John DenverSTATE
OF RIVERSIDE ) ss
Councitmember CITY OF MENIFEE )
Darcy Kuenzi
Councilmember
Scott Mann
Counciimember I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
foregoing Resolution No. 10-156 was duly adopted by the City Council of the
City of Menifee at a meeting thereof held on the 6h day of July, 2010 by the
following vote:
Ayes: Denver, Edgerton, Kuenzi, Mann
Noes: None
Absent: Twyman
Abstain: None
T ,
s
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofinenifee.us
J