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RESOLUTION NO. - 95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
****************
AMENDING RESOLUTION NO. 120-94
ESTABLISHING RULES FOR THE CONDUCT OF THE MEETINGS
OF THE CITY COUNCIL OF THE CITY OF DUBLIN
WHEREAS,. the Council's Rules of Conduct, as adopted by Resolution No. 120-94, are hereby
amended to change the starting time of regular City Council meetings.
NOW, THEREFORE, BE IT RESOLVED that all other previous rules related to the conduct of
meetings of the City Council are restated, as follows:
1. REGULAR MEETINGS
a. Time Regular meetings of the City Council shall be held on the second and fourth
Monday of each month at the hour of7:00 p.m. Whenever the day fixed for any regular
meeting of the Council falls upon a day designated as a holiday, such meeting will be held
at the same hour on the next succeeding day not a holiday.
b. Place Ail regular meetings of the Council shall be held at the Civic Cepter, as designated
by Ordinance.
c. Public Ail meetings of the Council shall be open to the public; provided, however, the
City Council may hold closed sessions as provided by the laws of the State of California.
2. SPECIAL MEETINGS
A special meeting may be ordered at any time by the Mayor whenever in his/her opinion the public
business may require it or upon the written request of any three members of the Council. Whenever a special
meeting shall be called, written notice of such meeting shall be delivered personally or by mail by the City Clerk
to each member of the Council and to each local newspaper of general circulation and radio/television station
requesting notice in writing. Such notice must be delivered at least twenty-four (24) hours before the time of
such meeting as specified in the notice. The notice shall specify the time and place of the special meeting and the
business to be transacted. No other business shall be considered at such meetings by the Council.
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The agenda for special meeting shall contain the information set forth in Section 3.a.-d. below. At
least twenty-four (24) hours before each special meeting, the City Clerk shall post a copy of the agenda,
including the call and notice of the special meeting at the same location identified in Section 3 below.
3. AGENDA
In order to facilitate the orderly conduct of the business of the Council, the City Clerk shall be
notified no later than 11 :00 a.m., of the Tuesday immediately preceding a regular Council meeting of all reports,
communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council at
such meeting. Immediately thereafter, the City Clerk shall arrange an agenda of such matters according to the
order of business and furnish each member of the Council, the City Manager, City Attorney, City Department
Heads and Staffwith a copy of the agenda packet prior to the Council meeting and as far in advance ofthe
meeting as time for preparation will permit.
The agenda prepared by the City Clerk shall, at a minimum, include:
a. The date of the meeting;
b. The time of the meeting;
c. The location of the meeting;
d. A brief general description of each item of business to be transacted or discussed at the
meeting;
e. A specified period of time for members of the public to address the Council on items of
interest to the public that are within the jurisdiction of the Council, including a provision
that no person may speak longer than five (5) minutes, and including language that the
Council can only briefly respond with questions, refer to Staff, or place on future agenda.
f. A specified section under which Councilmembers and Staff may present informational only
reports.
At least seventy-two (72) hours before each regular meeting, the City Clerk shall post a copy of
the agenda in the Kiosk in front of the Civic Center located at 100 Civic Plaza, Dublin, California.
The City Clerk shall execute a declaration of posting which shall be filed in the Office of the City
Clerk.
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The City Clerk shall so mark or denote "Consent Calendar" items on the agenda to identify those
items on the agenda which can reasonably be expected to generate no discussion by members of the City Council,
City Staff or interested persons in the audience. The Council shall consider all of the items on the Consent
Calendar portion of the agenda at one time by a vote after a motion has been duly made and seconded. If any
member of the City Council, City Staff or interested person in the audience requests that a consent item be
removed from the list, such item shall be taken up for consideration and disposition in the order listed on the
agenda.
4. THE PRESIDING OFFICER
The Mayor shall preside at all City Council meetings and perform such other duties consistent
with his/her office as may be imposed by the CounciL The Mayor shall be entitled to vote, but shall possess no
veto power. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the
courts for the purpose of serving civil process and by the Governor for military purposes. In the time of public
danger or emergency, the Mayor, with the consent of the Council, shall cause order to be maintained and enforce
laws.
The Mayor shall preserve strict order and decorum at all regular and special meetings of the
Council. The Mayor shall state every question coming before the Council, call for the vote, announce the
decision of the Council on all subjects and decide all questions of order, subject however, to an appeal of the
Council, in which event a majority vote of the Council shall govern and conclusively determine such question of
order. The Mayor shall sign all ordinances adopted by the Council during his/her presence. In the event of the
absence of the Mayor, the Mayor Pro Tempore shall sign ordinances as then adopted.
5. CALL TO ORDER
The Mayor, or in his/her absence, the Mayor Pro Tempore, shall take the chair precisely at the
hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor or
Mayor Pro Tempore, the City Clerk shall call the Council to order whereupon a temporary chair shall be elected
by the members of the Council present. Upon the arrival of the Mayor or Mayor Pro Tempore, the temporary
chair shall immediately relinquish the chair upon the conclusion of the business immediately before the Council.
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6. ATTENDANCE
Before proceeding with the business of the Council, the City Clerk shall enter into the minutes the
names of the members present or absent. No formal roll call need be taken.
7. QUORUM
A majority of the members of the Council shall constitute a quorum for the transaction of
business, but a lesser number than a quorum may adjourn from time to time. The Council may adjourn any
regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of
adjournment. 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. Ifhe/she does, he/she shall cause written notice of the
adjournment to be given in the same manner as provided for special meetings. A copy of the order or notice of
adjournment shall be posted in the Civic Center Kiosk and other places designated by the Council within twenty-
four (24) hours after the time of adjournment. Whenever a regular or adjourned regular meeting is adjourned as
provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an
order of adjournment of any meeting fails to state the hour at which the adjournment meeting shall be held, it
shall be held at the hour specified for regular meetings.
8. ORDER OF BUSINESS
Promptly at the hour set on the day of each regular meeting, the members of the Council, City
Clerk and City Manager shall take their regular stations in the Council Chambers and the business of the Council
shall be taken up for consideration and disposition in the following order except that with the unanimous consent
of the Council, matters may be taken up out of order:
1. Call to Order
2. Pledge of AIlegiance to the Flag
3. Oral Communications
4. Consent Calendar
5. Written Communications
6. Public Hearings
7. Unfinished Business
8. New Business
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9. Other Business (Council/Staff Informational Only Reports)/Matters too Late for the
Agenda
10. Closed Session & Report on Closed Session Items
11. Adjournment
9. MATTERS TOO LATE FOR THE AGENDA
a. No action or discussion shall take place on any item not appearing on the agenda for a
regular meeting as posted, unless
(1) The City Council determines by majority vote that an emergency situation exists,
as defined in Government Code Section 54956.5;
(2) The City Council determines by vote offour (4) out offive (5) members (or by a
unanimous vote of the members of the Council if only 4 or only 3 members are
present) that there is a need to take immediate action and that the need for action
came to the Council's attention after the agenda was posted;
(3) The item was included in a posted agenda for a prior meeting held not more than
five (5) calendar days prior to the meeting at which the item is acted upon.
b. When an item not on an agenda is raised by a member of the public, the City Council may
briefly respond, may ask questions for clarification, provide a reference to Staff or other
resources, or request Staff to report back at a subsequent meeting. Furthermore, a
member of the City Council may take action to place a matter of business on a future
agenda.
10. READING OF MINUTES
Unless the reading of the minutes ofa Council meeting is requested by a member of the Council,
such minutes may be approved without reading if the City Clerk has previously furnished each member with a
copy thereof.
11. RULES OF DEBATE
a. Presiding Officer may debate The Mayor or such other member of the Council as may be
presiding may move, second and debate from the chair, subject only to such limitations of
debate as are by these rules imposed upon all members. He/she shall not be deprived of
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any of the rights and privileges of a Councilmember by reason of his/her acting as the
Presiding Officer.
b. Getting the floor Every member desiring to speak shall address the chair, and upon
recognition by the Mayor, shall confine himself/herself to the question under debate.
c. Interruptions A member once recognized, shall not be interrupted when speaking unless it
be to call him/her to order, or as herein otherwise provided. If a member, while speaking,
be called to order, he/she shall cease speaking until the question of order be determined,
and if in order, he/she shall be permitted to proceed.
d. Privilege of closing debate The Councilmember moving the adoption of an ordinance or
resolution shall have the privilege of closing the debate.
e. Motion to reconsider A motion to reconsider any action taken by the Council may be
made at any time.
Such a motion must be made by one of the prevailing side, but may be seconded by any
member, 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 construed to
prevent any member of the Council from making or remaking the same or other motion at
a subsequent meeting of the Council.
f. Remarks of Councilmember A Councilmember may request through the Mayor, the
privilege of having an abstract of his/her statement on any subject under consideration by
the Council entered in the minutes. If the Council consents thereto, such statement shall
be entered in the minutes.
g. Synopsis of Debate The City Clerk may be directed by the Mayor with the consent of the
Council, to enter in the minutes a synopsis of the discussion of any question coming
regularly before the Council.
h. Rules of Order Except as otherwise provided in this resolution, the current edition of
"Roberts Rules of Order" shall govern the conduct of the meetings of the City Council.
12. ADDRESSING THE COUNCIL
Any person desiring to address the council at a meeting shall first secure the permission of the
Mayor to do so; provided, however, that under the following headings of business, any qualified and interested
person shall have the right to address the Council upon obtaining recognition by the Mayor.
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a. Written Communications Interested persons or their authorized representative may
address the Council by written communication on any matters concerning the City's
business, or any matters over which the Council has control. Such written communication
shall be delivered to the City Clerk no later than 11:00 a.m., of the Tuesday immediately
preceding the regular Council meeting for which such written communication is intended.
b. Oral Communications Interested persons in the audience or their authorized
representatives may address the Council by oral communications on any matters over
which the Council has control; provided, however, that preference shall be given to those
persons who have notified the City Clerk in advance of their desire to speak in order that
the same may appear on the agenda of the Council.
13. ADDRESSING THE COUNCIL AFTER MOTION MADE
After a motion is made by the Council, no person shall address the Council without first securing
the permission of the Mayor to do so.
14. MANNER OF ADDRESSING COUNCIL
Each person addressing the Council shall stand at the podium, and give his/her name and address
in an audible tone of voice for the record. Ail remarks shall be addressed to the Council as a body and not to any
member thereof. No person, other than the Council and the person having the floor shall be permitted to enter
into any discussion, either directly or through a member of the Council, without the permission of the Mayor.
No question shall be asked a Councilmember except through the Mayor.
-15. VOTING
a. Members of the Council shall vote by "voice vote" on all ordinances, resolutions and other
matters unless a roll call vote is required by law or is requested by a Councilmember.
Silence shall be recorded as an affirmative vote. The Mayor shall announce the result of
the vote. The City Clerk shall shown on ordinances and resolutions the names of
Councilmembers voting "Aye" and "No".
b. The vote on any matter being considered by the Council may be delayed by the Mayor
until all members of the Council present for a meeting, and not excused as herein
provided, are present at the Council table.
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c. A member of the Council who has a conflict of interest regarding any matter being
considered by the Council shall declare the conflict and excuse himself/herself from
participating in the Council's deliberations and decisions regarding that matter.
16. ORDER AND DECORUM
a. By Councilmembers While the Council is in session, the members must preserve order
and decorum, and a member shall neither by conversation or otherwise, delay or interrupt
the proceedings or the peace of the Council nor disturb any member while speaking or
refuse to obey the orders of the Council or Mayor, except as otherwise herein provided.
b. By Persons Any person making personal, impertinent, or slanderous remarks or who shall
become boisterous while addressing the Councilor who shall be conversation or
otherwise, delay or interrupt the proceedings or the peace of the Councilor disturb any
member while speaking or refuse to obey the orders of the Councilor the Mayor shall be
forthwith, by the Mayor, barred from further audience before the Council, unless
permission to continue is granted by a majority vote of the Council.
c. Enforcement of Order and Decorum A law enforcement officer shall be designated as
Sergeant-at-Arms of the Council meetings when requested by the Mayor. He/she shall
carry out all orders and instructions given at the Council meeting. Upon instruction of the
Mayor, it shall be the duty of the Sergeant-at-Arms, as to any person who violates the
order and decorum of the meeting to remove and bar such person from the Council
meeting. Violations of the order and decorum of a Council meeting is a misdemeanor.
d. Smoking Smoking is prohibited at all times in all City-owned facilities.
17. SPECIAL COMMITTEES/TASK FORCES
Ail special committees/task forces shall be appointed by the Mayor, subject to approval of the
City CounciL
18. COUNCILMEMBER VACANCIES
When a vacancy occurs in the office of Councilmember and the Council determines to consider
filling the vacancy by appointment, the Council will make such appointment only at a meeting at which all
remaining Councilmembers (including the Mayor) are present. This rule shall not preclude the Council from
calling a special election to fill the vacancy or from adopting an ordinance to fill the vacancy pursuant to
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GovernmentCode Section 36512 at a meeting at which one of the remaining Councilmembers (including the
Mayor) is absent.
19. PROTESTS
Any Councilmember shall have the right to have the reasons for hislher dissent from or protest
against, any action of the Council entered in the minutes.
20. ADJOURNMENT
A motion to adjourn shall always be in order and decided without debate.
21. RULES AVAILABLE FOR PUBLIC REVIEW
A copy of this Resolution shall be available at all meetings of the Council for review by the public.
PASSED, APPROVED AND ADOPTED this 23rd day of January, 1995, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
K2:A:RESORULE
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