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HomeMy WebLinkAbout08/05/2014 08 City Council Rules of Procedure AmendmentsBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8. For Meeting of: August 05, 2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: Proposed Amendments to the City Council's Rules of Procedure Randy Beehler, Communications & Public Affairs Director Based on direction provided by the City Council at its recent annual retreat, proposed amendments to the City Council's Rules of Procedure have been drafted in order to provide clarity regarding when the Council can take action on items that come before it. The proposed amendments are based on language found in the State of California's Open Meetings Act, which was referenced during the Council's retreat. Resolution: Ordinance: Other (Specify): Proposed Amendments to the City Council's Rules of Procedure Contract: Contract Term: Start Date: End Date: Item Budgeted: NA Amount: Funding Source/Fiscal Impact: Strategic Priority: Public Trust and Accountability Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager N/A ATTACHMENTS: Description Memorandum - Proposed Amendments to City Council Rules of Procedure City Council Rules of Procedure - Redline Version Upload Date 7/30/2014 7/30/2014 Type Cover Memo NE ED HELM To: Yakima City Council Members From: Communications & Public Affairs Director Randy Beehler Subject: Amending Council Rules of Procedure Date: Wednesday, July 30th, 2014 Council Members, Based on direction provided by the Council at its recent annual retreat, proposed amendments to the Council's Rules of Procedure (see attached) have been drafted in order to provide clarity regarding when the Council can take action on items that come before it. The proposed amendments are based on language found in the State of California's Open Meetings Act, more commonly referred to as "The Brown Act", which was named after a state legislator and adopted in 1953. The Brown Act language was reference during the Council's retreat. One of the proposed amendments to Section C. 5 of the Council's Rules of Procedure would restrict action taken by the Council during a regular business meeting to only those items that are listed on the posted agenda for any given regular business meeting. In other words, items not listed on a posted agenda but raised during a regular business meeting, under "Other Business" for instance, could not be acted on at the same meeting. This proposed amendment to the Council's Rules of Procedure, which would become subsection (a) of Section C. 5, does provide an exception to that restriction in case of an emergency that requires immediate action be taken by the City Council. The second proposed amendment to Section C. 5 of the Council's Rules of Procedure clarifies that any Council member may, under "Other Business", propose that an item or issue be referred to staff for research and review, be referred to a specific committee of the Council for research and review, and/or be added to the agenda of the next available Council regular business meeting for consideration by the full Council. A majority of the Council would have to vote in favor before any of those actions could be taken. This proposed amendment would become subsection (b) of Section C. 5 of the Council's Rules of Procedure. Section C. 5 of the Council's current Rules of Procedure restricts action taken by the Council at a special meeting to only those items listed on the posted agenda of such meeting unless the Council unanimously consents to taking action on such an item(s). It is proposed that the existing language referring to special meetings be modified only slightly for greater clarification and become subsection (c) of Section C. 5 of the Council's Rules of Procedure. Existing language that would no longer be applicable would be struck from Section C. 5 of the Council's Rules of Procedure. Please let me know if you have any questions about the proposed amendments to Section C. 5 of the Council's Rules of Procedure prior to the Council's August 5th regular business meeting. STANDARD MOTIONS AND RULES OF PROCEDURE OF YAKIMA CITY COUNCIL RevisedP''W,,,lased 1 rig,.. ?A���ru r za v.311,".,2.011,"11. STANDARD MOTIONS I. ANNEXATION PROCEDURE A. On receipt of Notice of Intention to Commence Annexation Proceedings: "I move that (date) be set as the time for a meeting with the initiating parties who signed the Notice of Intention to Commence Annexation Proceedings dated (date), those initiating parties being (Names of signers of notice)." B. At meeting with initiating parties: "I move that the annexation proposed by (names of signers of notice) be accepted by the City of Yakima and that the area to be annexed be required to assume its lawful share of the City's existing indebtedness, and that a notice of Intention to Annex be filed with the Yakima County Boundary Review Board." * C. On receipt of Petition for Annexation: "I move that the Petition for Annexation filed by (names of Petitioners), being Petition No. , be approved as meeting the requirements of law; that said Petition be referred to the Staff and Hearing Examiner for study and recommendation; and that (date) be set as the date for a public hearing by the City Council on this Petition." *Exact wording to be typed in the minutes on this Motion, I -B) It was duly moved, seconded and passed that the annexation proposed by Petition No. (Notice of Intention to Commence Annexation Proceedings) be accepted by the City of Yakima and that the area sought to be annexed be required to assume its lawful share of the City's existing indebtedness, and that a Notice of Intention to Annex be filed with the Yakima County Boundary Review Board. The above MOTION was made by , seconded by , and carried, voting aye by voice vote. II. REZONE PROCEDURE A. On receipt of recommendation from Planning Commission: "I move that (date) be set as the time for a hearing by the City Council on the matter of the rezone of certain real property as petitioned by (names of petitioners) and that the City Clerk give notice of such hearing as required by law." CCLERK/B 1 III. VACATION PROCEDURE A. On receipt of Petition for Vacation: "I move that the petition of (names of petitioners for the vacation of the (street, alley or easement), as set forth in Petition No. , be referred to the City Manager and the Planning Commission for study and recommendation." B. On receipt of recommendation from Planning Commission: "I move that a resolution be prepared setting date) as the time for a hearing by the City Council on the petition of (names of petitioners), being Petition No. W. L.I.D. PROCEDURE A. On receipt of petition for an L.LD." "I move that Petition No. , for the creation of a Local Improvement District, be referred to the City Manager and Staff for study and recommendation." V. MOTIONS APPROVING REPORTS A. On receipt of Report of City Treasurer on investments: "I move that the Report of the City Treasurer dated (date), regarding the investments of the City of Yakima, be accepted and approved." B. On receipt of Report of City Engineer on final estimates: "I move that the report of the City Engineer dated (date) with respect to the completion of the work on Public Works contracts (NAME) be approved, the work be accepted and payment of the final estimates as therein set forth is hereby authorized." VI. PROCEDURAL MOTIONS A. Amendment of proposed ordinance 1. To amend an entire section: "I move that Section of the proposed ordinance be amended to read as follows: '....' " CCLERK/B 2 2. To partially amend a section: "I move that Section of the proposed ordinance be amended by inserting the words (designate words and place to be inserted)." 3. To provide for an emergency clause: "I move that Section of the proposed ordinance be amended to read as follows: 'This ordinance is one to provide for the immediate preservation of the public peace, property, health and safety of the people of the City of Yakima, and an emergency is hereby declared to exist, and this ordinance shall be in full force and effect immediately upon its passage, approval and publication as provided by law and by the City Charter.' " 4. To provide for a 30 -day clause: "I move that Section of the proposed ordinance be amended to read as follows: 'This ordinance shall be in full force and effect 30 days after its final passage, approval and publication, as provided by law and by the City Charter.' " B. Motion suspending order of business: "I move that the established order of business be suspended, and that the Mayor call up Item of the Agenda for consideration." C. Motion for continuance of hearing: "I move that this hearing be continued to (the regular meeting of this Council to be held on) (date)." D. Motion for adjournment to specified time and place: "I move that this meeting be adjourned to (day and date), at the hour of (time a.m.-p.m.), to then meet at (place)." CCLERK/B 3 RULES OF PROCEDURE OF YAKIMA CITY COUNCIL A. ORGANIZATION 1. Election of Mayor and Assistant Mayor. The Council of the City of Yakima immediately after its election and qualification shall elect from among the members a Mayor and Assistant Mayor. 2. The Mayor is Chairman of Council Meetings. The Mayor shall preside as Chairman of all meetings of the Council and shall have the general direction of the meetings. 3. Chairman may call Member to Chair. The Mayor or any other member of the Council who may be acting as Chairman at a meeting of the Council may call any member of the Council to the Chair to occupy same temporarily and such member shall be vested with all the powers of the Chairman while so presiding. Such a substitution shall not extend beyond an adj ournment. 4. Duties of the Mayor. It shall be the general duty of the Mayor as Chairman of the Council: (a) To take the chair every day precisely at the hour for which the meeting of the Council has been called or to which the Council may have adjourned and immediately to call the Council to order, and proceed with the daily order of business. (b) To announce the business before the Council in the order in which it is to be acted upon. (c) To receive and submit in the proper manner all motions and propositions presented by the members of the Council. (d) To put to vote all questions which are properly moved, or which necessarily arise in the course of proceedings and to announce the result thereof. (e) To inform the Council when necessary, or when referred to for that purpose, on any point of order or practice. In the course of the discharge CCLERK/B 4 of this duty he shall have the right to call upon the City Attorney or any legal member of the department for advice. (f) To authenticate by his signature when necessary, or when directed by the Council, all the ordinances and resolutions, and all the acts, orders and proceedings of the Council, and entries in the official journal of the Council when the same have been approved by it. (g) To maintain order at the meetings of the Council, for which purpose he shall have the right to call upon the Chief of Police and any and all other officers of the Police Department for assistance. 5. Duties of Assistant Mayor The Assistant Mayor during the absence of the Mayor shall have and perform all the duties and functions of the Mayor. 6. Temporary Chairman. In the event of the absence of or disability of both the Mayor and the Assistant Mayor, the Council shall elect a temporary chairman to serve until the Mayor or Assistant Mayor so absent or disabled shall return or the disability shall be removed, as the case may be. In such event the temporary chairman shall have all the powers and perform the functions and duties herein assigned to the Mayor and Chairman of the Council. 7. Clerk of the Council. The Council shall appoint an officer of the City, who shall have the title of Clerk of the Council. The Clerk of the Council shall qualify in the manner provided by ordinance and shall serve at the pleasure of the Council. 8. Duties of Clerk of the Council The Clerk of the Council shall act as the secretary and recording officer for the Council and shall have the following duties: (a) To give notice of all Council meetings as hereinafter provided. (b) To attend every session of the Council, to call the roll and record the same, to read all communications, ordinances, resolutions and other papers which are ordered to be read by the chairman of the meeting and to receive and bring to the attention of the Council all messages and other communications from other sources. (c) To keep the Minutes of the regular and special proceedings of the Council and to index the same. (d) To take and keep secure Minutes of confidential Executive Sessions of the Council. CCLERK/B 5 (e) To authenticate by his signature and record in full in a book kept for that purpose all ordinances and resolutions. (f) To cause all notices of all public hearings to be held by the Council and all ordinances ordained by the Council to be published at and for the time and in the manner required by law or any order of the Council. (g) To superintend all copying and work to be done for the Council. (h) To keep and maintain a permanent record file of all documents and papers pertaining to the work of the Council and to maintain an index of all files. (i) With the Mayor to authenticate with his signature the entries in the Minutes of the Council when the same have been approved by it. To attest with his signature and the seal of the City of Yakima the signature of the Mayor upon all official documents and records where such attestation is required or is desirable and similarly to attest the signature of the City Manager upon all official documents and records authorized or directed by the Council to be signed by the Manager. (j) To permit no records or papers belonging to the Council to be taken out of his custody except temporarily, in the regular course of business by an Officer of the City of Yakima, in which event the officer removing said files shall sign a receipt for the same which shall be maintained by the Clerk until the return of such records or papers. (k) To make audio tape recordings of all City Council meetings and to retain all such audio tape recordings for no less than ninety days after the approval by the City Council of minutes of the meeting recorded on each respective tape; provided, all such tape recordings which may involve discussions and decisions or other actions which may become issues or evidence in legal actions involving the City shall be retained no less than six years from the date of the meeting. (1) To perform such other duties as may be required by these rules or by ordinance." CCLERK/B 6 B. RIGHTS AND DUTIES OF MEMBERS 1. Duty to Vote - Absentation. Every member of the Council present at a meeting where a vote is taken on any proposal shall vote thereon unless excused. A member desiring to be excused from voting may, when his name is called, make a brief statement, not ex- ceeding five minutes, giving the reasons for making such a request, and the question of excusing him shall then be decided by vote of the other members of the Council. 2. Explaining Vote. Any member of the Council desiring to explain his vote when his name is called shall be allowed a like opportunity. 3. Not to Vote unless present. No member of the Council shall be permitted to vote on any question unless he shall be present when the vote is taken and when the result is announced. No member shall give his proxy to any person whomsoever and no pairing of the vote of an absent member against the vote of a present member shall be permitted. 4. Notification of a Member's Absence from a Council Session. Members of the Council will notify the Mayor or City Clerk prior to being late or absent from a regular or special Council session. C. MEETINGS. 1. Regular Meetings -- Time of Meeting Regular meetings of the Council shall be held on the first and third Tuesdays of each month, unless otherwise changed. Meetings shall convene at 6:00 pm. 2. Study Sessions Study sessions of the City Council shall be scheduled to convene at the hour of 8:00 am. 3. Regular Meetings -- Place of Meetings. a. City Hall. Unless notice is given pursuant to Rule C.3.b. of these Rules, all regular business meetings of the Council shall be held in the City Council meeting room on the first floor of the City Hall and all study session meetings shall be held either in the City Council meeting room, or the adjoining CCLERK/B 7 conference room, on the first floor of the Yakima City Hall. However, a meeting having been convened at said place may be adjourned by the Council to any other place within the City of Yakima for the purpose of conducting a particular matter of business which may be more conven- iently conducted at such other place. b. Changed Meeting Place. Any meeting of the Council may be held at a place other than that required by Rule C.3.a. hereof on notice of a changed meeting place, which notice shall be given by an announcement at the immediately preceding meeting of such changed meeting place or by written notification by the Clerk of the Council to each Council member given no less than three days prior to the meeting to be held at the changed meeting place. 4. Special Meetings -- Call. Special meetings may be called in the manner provided by law and by the City Charter. 5. Meetings Matter Items Considered. (a) At regular business meetings of the City Council, no action shall be taken on any item(s) not appearing on the posted agenda of such meeting except and unless, by majority vote of the City Council members present, it is determined that an emergency exists and that immediate action must be taken by the City Council to address the emergency. (b) Any City Council member(s) may, under "Other Business", propose that an item(s) or issue(s) be referred to City staff for research and review, be assigned to a specific committee of the Council for research and review, and/or be added to the agenda of the next available City Council regular business meeting so that such item(s) or issue(s) can be considered by the full Council, provided that such a proposal receives a positive majority vote by the City Council members present. (c) At special meetings of the City Council, no item(s) not included on the posted agenda of such meeting may be considered or acted upon only with the unanimous consent of all members of the City Council. authority and jurisdiction of the Council may be considcrcd and acted upon at any regular mccting of the Council without prior notice thereof. At special meetings, however, no matter not included within the call and notice or waiver of notice of such mccting may be considcrcd or acted upon without the unanimous consent of all members of the Council. 6. Notice to City Manager. The Clerk of the Council shall serve upon the City Manager a copy of all notices required by these rules to be served. CCLERK/B 8 7. Quorum. Four members of the Council shall constitute a quorum thereof for the transaction of business. Except as otherwise specified by law, a majority vote of the Council members present at a meeting shall be required and shall be sufficient to transact any business before the Council. D. PROCEDURE - ORDER AND DECORUM. 1. Chairman to decide who entitled to the floor. If two or more members of the Council desire to be heard at the same time, the Chairman shall name the member who is to speak first. 2. Seating Policy The mayor shall sit in Chair #5 at the center of the dais. The mayor pro tem shall sit in Chair #4 immediately to the right of the mayor. With the exception of special circumstances (medical necessity, etc.), all other seating shall be determined by lottery following each Council election cycle. Such seating lottery shall be conducted between the 1st Council regular agenda business meeting of the year following each Council election cycle and the 2nd such meeting of the year. 3. Reading of Ordinance/Resolution Title When an ordinance or resolution is to be considered by the Council, prior to any discussion or debate, the title of the ordinance or resolution to be considered will be read aloud by the Clerk of the Council. E. PROCEDURE - MOTIONS. 1. Form of Motion. Every motion except motions to adjourn, postpone or commit, shall be reduced to writing if the chairman or any member of the Council request it, but otherwise motions may be made orally and shall be noted by the Clerk of the Council. 2. Motion to be stated or read. When an oral motion is made, it shall be stated by the chairman and when a motion is presented, it shall be handed to the Clerk of the Council and read aloud before debate. 3. Second required. CCLERK/B 9 A second to any motion of the Council shall be required. 4. Withdrawing a motion. After a motion is stated by the Chairman or read by the Clerk of the Council, it shall be deemed in the possession of the Council, but may be withdrawn at any time before division or amendment by the unanimous consent of the Council. 5. Motions in order during debate. When a question is under debate, no motion shall be received except: (a) To fix the time to adjourn. (b) To adjourn. (c) To call the Council. (d) To commit. (e) To lay on the table. (f) To postpone to a day certain. (g) To postpone indefinitely. (h) To amend. (i) To recess. 6. Motion to adjourn always in order - Exceptions. A motion to adjourn shall always be in order except when the Council is voting, and except when a previous motion to adjourn having been defeated, no intervening business has been transacted; but this rule shall not authorize any member to move an adjournment when another member has the floor. 7 Motion to table temporary only. The passage of a motion to lay on the table shall have only the effect of disposing of the matter temporarily, and the tabled matter may be taken from the table at any time by order of the Council. 8. Motions to Postpone or Commit. No motion to postpone to a day certain or indefinitely, or to commit, being decided in the negative, shall again be allowed on the same day and at the same state of a proposition. 9. Motions must be germane. No motion or proposition on a subject different from that under consideration is in order and no such motion or proposition shall be admitted under color of amendment. 10. Motions to commit or postpone preclude amendments. CCLERK/B 10 A motion to commit until it is decided shall preclude all amendments and debate on the main question, and a motion to postpone indefinitely or to a day certain, until it is decided, shall preclude all amendments on the main question. 11. Questions not debatable. Motions to adjourn to take a recess, to lay on the table, or to take from the table shall be decided without debate, and all incidental questions of order arising after any such motion is made and pending decision thereon shall be decided whether on appeal or otherwise without debate. 12. Division of question. If a question or proposition submitted to the Council contains several points, any member may have the same divided and each point considered separately; but on a motion to strike out or insert, it shall not be in order to move for a division of the question, but the rejection of a motion to strike out or insert one proposition shall not prevent a motion to strike out or insert a different proposition. F PROCEDURE - RECONSIDERATION. 1. Who may move to reconsider. It a proposition shall fail to pass on account of not having received a majority vote, any member of the Council having voted in the negative shall have the right to move for a reconsideration of such proposition. If a proposition shall pass by majority vote, any member having voted in the affirmative shall have the right to move for a reconsideration of such proposition. 2. Vote required for Reconsideration. Upon a motion to reconsider the vote on any matter, a majority of all the members of the Council shall be required to reconsider the same. 3. Time for motion to reconsider. When a question has been decided by the Council, any member voting with the prevailing side may move a reconsideration thereof, or give notice that he will make such motion within the time prescribed by the rules. In the event notice of intention to move for reconsideration is given, no further proceedings shall be had on the proposition in question until the motion for reconsideration is made and determined, or until the time for making such motion has lapsed. No motion for reconsideration shall be in order unless made before the adjournment of the next regular meeting of the Council after the meeting at which the original motion was taken. Such motion shall take precedence over all other motions and questions, except a motion to adjourn. CCLERK/B 11 G. PROCEDURE - DEBATE 1. Substitute motions. All so-called substitute motions and resolutions (except such matter as may be reported by a committee to which a proposition has been referred) shall be considered as amendments only, and shall be subject to the rules relating thereto. 2. Amendments must be germane. All amendments must relate to the same subject as the original motion, resolution, proposition or ordinance. 3. Tabling amendment - Not to prejudice motion. An amendment may be laid on the table without prejudice to the main motion or question. When an amendment proposed to any pending measure shall be laid on the table, such action shall not carry with it or prejudice such measure. 4. Committee amendments - How reported - Speaking on amendments. Amendments reported by a committee shall refer to the written measure, and shall not be inserted therein until after such amendments shall have been adopted by the Council, when they shall be properly inserted by the Clerk of the Council in the official copy thereof. A copy of the written measure with all proposed amendments entered thereon shall accompany the committee's report. On an amendment being moved, a member of the Council who has spoken to the main question may speak again to the amendment. 5. Amendments referred to committee to be reported. Whenever any measure to which an amendment is pending shall be referred to a committee, the reference shall carry with it the amendment, and such amendment shall be reported back to the Council with the measure. 6. Order of Action. If any amendment be offered, the question shall be first upon the amendment. 7. Order of Discussion/Debate After the title of an ordinance or resolution has been read (see Section D — 3 herein), the mayor will request a staff report(s), if necessary, be given. Following the staff report(s), the mayor will entertain a motion to adopt or deny the ordinance or resolution. If the motion receives a second, the mayor will restate the motion, and then invite discussion by the Council. The maker of the motion CCLERK/B 12 will be given the choice to speak first. Each Council member will then be allowed to speak once before any other Council member may speak for a second time. At such time as is reasonable, or when a "call for the question" motion is made, seconded, and approved, the mayor will close discussion/debate and the original motion will be voted on in accordance with Section H herein. H. PROCEDURE - VOTING 1. Roll call on final passage. The vote upon the final passage of all ordinances and resolutions shall be by ayes and nos given by members of the Council individually on roll call. The names of the members on such roll call shall be called alphabetically. On other questions the vote shall be taken viva voce in the manner hereinafter provided, PROVIDED that a roll call shall be ordered on the vote on any other question when demanded by any two members of the Council. Votes taken on roll call shall be recorded by the Clerk of the Council and reported to the chairman who shall announce the result. In recording votes on roll call the Clerk of the Council shall record and report those absent or not voting. 2. Voting or changing vote after decision announced. When a vote is taken on roll call on any question, no member shall be permitted to vote or to change his vote after the decision is announced by the chair. 3. Changing vote before decision announced. On any such vote any member may change his vote before the decision of the question has been announced by the chair. 4. Council members required to vote - late voting. Every member of the Council present when a question is put, or when his name is called, shall vote unless a member shall, for a special reason, be excused as hereinbefore provided, or unless he has a direct personal or pecuniary interest in the event of such question. In case the vote is on roll call, or by a division, a member entering the chamber after the question is put and before it is decided, may have the question stated, record his vote and be counted. 5. Putting the question - Division. Except as hereinbefore provided the chairman shall put questions in this form, to -wit: "As many as are in favor (as the question may be) say 'Aye'. After the affirmative vote is expressed he shall say, "As many as are opposed, say 'No'," CCLERK/B 13 If he doubts the result of the vote viva voce, or if a division be called for by any member of the Council, the Council shall divide. In such division those in the affirmative shall first rise from their seats and be counted, and afterward those in the negative. I. PROCEDURE - ORDER OF BUSINESS. 1. Roll call - Minutes of previous meeting. (a) At all meetings before proceeding to business the roll of the Council members shall be called and the names of those present and those absent shall be entered on the record. (b) Minutes of the previous meeting may be approved by any two members of the Council who attend that meeting by their signing of those minutes as being approved. 2. Agenda for meetings. The Clerk of the Council, with the assistance of the City Manager, shall prepare written agenda for each meeting as far in advance thereof as possible and shall place such agenda in the hands of each member of the Council prior to the com- mencement of the meeting. Such agenda shall be delivered to the members of the Council at least one day in advance of each meeting whenever possible. 3. Special order of business. The Council may at any time on motion supported by a majority vote of the members of the Council present proceed out of order to any item on business or return to an item already passed. 4. Audience Participation Community members are invited to address items which are not listed on the regular business meeting agenda. A guideline of three (3) minutes per speaker is in place in order to allow as much opportunity as possible for audience participation. A speaker's time may be extended at the discretion of the mayor and/or the consensus or vote of the Council. J. PROCEDURE - ADOPTION OF ORDINANCES, RESOLUTIONS AND MOTIONS. 1. Introduction and form - Working copies. Every ordinance and resolution proposed shall be introduced in writing in form for final passage and may be sponsored by any member of the Council. The Council at any time may require the Clerk of the Council, with the assistance of CCLERK/B 14 the Legal Department, to prepare working copies of proposed ordinances or reso- lutions showing what changes, if any, will be accomplished in existing ordinances or resolutions. 2. Passage on first reading. All resolutions and motions and all ordinances except those appropriating funds may be passed upon first reading, and shall take effect as provided by law and the City Charter. 3. Hearings. In all cases provided by law and in such other cases as the City Council by resolution may determine, hearings shall be had upon proposed ordinances upon the giving of proper notice, and all persons interested therein shall be given an opportunity to be heard. 4. Ordinances and resolutions adopted - Signing, deposit and publication. Upon final passage, every ordinance and resolution shall be signed by the Mayor and attested by the City Clerk under the seal of the City of Yakima and shall thereupon be deposited in the office of the City Clerk. The City Clerk shall thereupon cause the title of all ordinances to be forthwith published in the manner required by law. K. PROCEDURE - SUSPENSION OF RULES. These rules of the Council shall not be suspended without the vote of a majority of all of the members of the Council. L. PROCEDURE - ROBERT'S RULES OF ORDER. The rules of parliamentary procedure contained in Robert's Rules of Order Newly Revised for Deliberative Assemblies shall govern the Council in all matters of procedure not specifically provided for herein and to which they are applicable. M. AMENDMENT. These rules or procedures may be amended at any meeting of the Council held after not less than five days written notice of the proposal to amend the rules, upon a two-thirds vote of all of the members of the Council. N. RECORDING OF RULES. These rules and all subsequent amendments thereto shall be recorded by the City Clerk in the book kept by him/her for the recording of ordinances and resolutions and each CCLERK/B 15 member of the Council shall be furnished with a copy thereof in form convenient for reference. CCLERK/B 16