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Ordinance 2021CITY OF ALAMEDA ORDINANCE NO. 2021 New Series AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING SECTIONS 2 -116 AND 2 -117 THEREOF RELATING TO ORDER OF BUSINESS AND RULES OF ORDER FOR CITY COUNCIL MEETINGS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that: Section I . Section 2 -116 of the Alameda Municipal Code is hereby amended to read: Sec. 2 -116 Order of Business Promptly at the hour appointed for each regular meeting, the members of the Council, the City Clerk, City Attorney, City Engineer and City Manager shall assemble in the Council Chamber. There- upon, business shall be taken up for consideration and disposition in the following order: 1. Roll Call 2. Oral Communications, Agenda 3. Consent Calendar 4. Minutes 5. Special Orders of the Day 6. Written Communications 7. Hearings 8. Appeals 9. Reports and Recommendations 10. Resolutions 11. Introductions of Ordinances 12. Final Passage of Ordinances 13. Unfinished Business 14. New Business 15. Oral Communications, General 16. Adjournment -1- The foregoing order of business may be suspended at any Council meeting by a majority vote of the members in attendance. A true copy of the minutes of proceedings of regular and special meetings not theretofore approved, as the same shall be entered in the journal of proceedings, shall be mailed by the City Clerk to each Councilman at least 24 hours before regular meetings. Unless otherwise ordered by the Council, the minutes of meetings may be approved with- out a reading of the same. Section 2 . Section 2 -117 of the Alameda Municipal Code is hereby amended to read: Sec. 2 -117 Rules of Order The following definitions and rules shall govern the proceedings and order of business of the Council: 1. Under the item of business entitled, "Written Com- munications," the Council may consider and dispose of the matter raised by any such writing, and may permit the writer thereof, or his authorized representative, to address the Council on such matter. 2. The item of business entitled "Oral Communications, Agenda," is to inform the public that anyone wishing to speak on any item on the agenda or business brought up by Council members which is not on the agenda may be permitted to do so when the subject is brought up for discussion. -2- 3. Hearings shall consist of matters wherein notice and public hearings are required by law and such matters as the Council may deem necessary or desirable to schedule for public hearing. No member of the Council shall discuss or listen to.discussion of the facts of any matter which by law requires evidence to be taken at a public hearing by the City Council while such matter is pending before the City Council or any agency thereof, except in open meeting of the Council, nor shall the facts of any such matter which may probably be the subject of public hearing by the City Council be discussed outside of any Council meeting by any member thereof. 4. Ordinances for Introduction listed on the agenda shall be acted upon and introduced by usual motion and vote thereon, provided, however, that nothing herein shall be deemed to restrict the right of any member of the Council to introduce proposed legislation without necessity of such motion and vote. An ordinance may be introduced by reading its title only, and a copy thereof shall be delivered to each member of the Council prior to its final passage. Delivery may be made by leaving such copy with a Council member personally, or at the place designated by said member for leaving notices pursuant to Section 3 -7(b) of the Charter of the City, or by depositing such copy in the United States Post Office, enclosed in a sealed envelope, with postage thereon -3- f prepaid, addressed to said member's residence. 5. Under the item of business entitled, "Oral Communications, General," any person may address the Council in regard to any matter over which the Council has juris- diction or of which it may take cognizance. 6. Appeals shall be presented to the Council as re- quired by law. Persons other than parties to the appeal may speak only by permission of the Council. No member of the Council shall discuss the evidence applicable to an appeal with non - council members while such matter is pending except in open meeting of the Council. 7. Items listed under the "Consent Calendar" are considered routine and will,be enacted, approved, or adopted by one motion, unless a request for removal for discussion or explanation is received from the Council or a member of the public. 8. Prior to public discussion or Council deliberation the presiding officer or other person designated thereby shall describe the item of business before the Council. 9. Public Discussion (a) Permission Any person addressing the Council shall first secure the permission of the presiding officer. (b) Not a Debate Public discussion should not be used to elicit a debate between Council members and the public. Speakers should not be interrupted unless they are out of order. -4- (c) Time Limits Except for public hearings, no one shall speak for more than five (5) minutes without per- mission of the Council. Spokespersons may speak for fifteen (15) minutes. At public hearings the Council may establish similar or longer time limits prior to commencement of the hearing as well as establish an overall time period for the hearing. (d) Pending Motion When a motion is pending before the Council, no person other than a Council member shall address the Council without first securing the permission of the Council to do so. (e) Public discussion shall precede Council delibera- tion unless a motion to deliberate first is adopted; (public discussion may follow Council deliberation). (f) No discussion shall be permitted without approval of the Council after a motion which would terminate further deliberation has been adopted. Such permission shall be given where both a public hearing is required by law and the speaker states that he /she has evidence to give which has not yet been put into the record. 10. Council Deliberation (a) Presiding Officer may Deliberate The presiding officer may deliberate from the chair, subject only to such limitations of deliberation as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges as a member of the Council by reason of his acting as the presiding officer. -5- (b) Ge-ttina the Floor - improver References to be Avoided Every member desiring to speak shall address the Chair, and upon recognition by the presiding officer, shall confine himself to the question under deliberation, avoiding all personalities and indecorous language. (c) I_nterruptions A member, once recognized, shall not be interrupted when speaking unless it be to call said member to order, or as herein otherwise provided. If a member, while speaking, be called to order, said member shall cease speaking until the question of order be determined, and if in order, said member shall be permitted to proceed. (d) Remarks of Council Member - When Entered in Minutes Any Council member may request, through the pre- siding officer, the privilege of having a written abstract of said member's statement on any subject under considera- tion by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. (e) Motion to Reconsider A motion to reconsider any action taken by the Council may be made only on the date such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made.by one of the prevailing side, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. Nothing herein shall be MM construed to prevent any member of the Council from making or remaking the same or other motion at a subsequent meet- ing of the Council or a motion to rescind. (f) Repeal or Amendment of Action Requiring More than a Majority Vote Any ordinance or resolution which is passed and which, as part of its terms, requires more than a majority vote of the Council in order to pass a motion pursuant to such an ordinance or resolution, shall require a vote of the same percent of the Council to repeal or amend the ordinance or resolution. (g) Motion to Table A motion to lay on the table shall preclude all amendments or deliberation of the subject under consideration. If the motion shall prevail, the con- sideration of the subject may be resumed only upon a motion of a member voting with the majority. (h) Motion to Call for-Question Continue to a Date Specific A motion to call for the question or con- tinue the matter to a specific date shall preclude all amendments to or deliberation of the subject under consider- ation and is not debatable. (i) Statement of Position When a motion to call for question or table is adopted, each member of the Council may briefly state his/her position on the matter before roll call or call for the next item of business. (j) Privilege of Closing Deliberation The Council member moving the adoption of an ordinance or resolution -7- .. shall have the privilege of closing the deliberations or making the final statement. (k) Division of Question If the question contains two (2) or more divisionable propositions, the presiding officer may, and upon request of a member shall, divide the same. (1) Second Required All motions except for nomina- tions and a point of order shall require a second. (m) Miscellaneous. All other matters not covered by these rules shall be decided by a majority of the Council. Roberts Rules of Order may be used as a guide. L •v 1� 11. Meetings will be adjourned at 11:00 P.M. unless the Council adopts a motion to continue. Section 3 . This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Attest: PresiVWg Officer of the Council City Clerk -s- I I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 7th day of October, 1980, by the following vote, to wit: AYES: Councilmen Qiament, Sherratt, Stone and Tillman - 4. NOES: President Corica - 1. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 8th day of October, 1980. ity Clerk Alameda i