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R-23-01RESOLUTION NO. R-23-01 CITY COUNCIL RULES OF PROCEDURES IT IS HEREBY RESOLVED that the City Council of the City of Fairfax, Virginia, adopts the attached rules of procedure for conducting City business. Adopted: January 10, 2023 Mayor Attest: IffirMOu'reWpom The vote on the motion to approve was recorded as follows: VOTE: Councilmember Bates Aye Councilmember Doyle Feingold Aye Councilmember Greenfield Aye Councilmember Lim Aye Councilmember Ross Aye Councilmember Stehle Aye CITY COUNCIL RULES OF PROCEDURE Rules of the City Council. A. The City Council may adopt rules, as it deems necessary and/or expedient, for the regulation of its proceedings and the transaction of its business. These rules may not conflict with requirements of the City Charter or other applicable provisions of law. B. Examples of matters which may be addressed by rules of City Council include: 1. Order of business and agenda item summary (formats - Attachments A and B). 2. Procedures for conduct of public hearings 3. Time limitation on presentations to City Council. 4. Meeting schedules. 5. Boards and Commissions appointments. 6. Tasking of staff and City Attorney. 7. Budget process. 8. City electronic devices and equipment. 9. Mayor and City Council benefits and reimbursements. II. Rules of Order. In addition to the rules of City Council, City Council hereby adopts Robert's Rules of Order Newly Revised 12th as its rules of procedure governing parliamentary matters, except as expressly modified herein. Notwithstanding anything in Robert's Rules to the contrary, however, a Motion for Reconsideration shall be proper through the next regularly scheduled meeting of the City Council. The Mayor, as chair of the meetings of the City Council, shall serve as the parliamentarian for all purposes under Robert's Rules, in consultation with the City Attorney as required. III. Mayor's Role. A. The Mayor presides over City Council meetings as the Chair. The Mayor is the head of the City government for all ceremonial purposes. B. The Mayor, in consultation with the City Manager and other City staff and the City Attorney, as applicable, prepares the proposed agenda for City Council meetings. The agenda as prepared shall be approved or modified by the City Council at the applicable City Council meeting. C. The Mayor may speak at City Council meetings. The Mayor may vote only to break a tie vote. This rule is subject to certain exceptions [i.e. closed meeting certification and as otherwise provided by applicable law]. Under limited circumstances, the Mayor may make motions regarding matters on which the Mayor is entitled to vote [e.g. closed meeting certification or motion to reconsider a matter on which the Mayor voted to break a tie]. D. The Mayor may veto ordinances and resolutions. Vetoes may be overridden by a 2/3 vote of all City Council members [i.e., 4 of 6]. E. The Mayor signs ordinances, resolutions, proclamations and other documents required by law or by action of the City Council to be signed by the Mayor. F. In the absence or disability of the Mayor, the Mayor may designate a member of the City Council to perform the mayoral duties. If the Mayor fails to designate a member, then the City Council, by a majority of those present at a lawful meeting, may choose a member of the City Council to perform the mayoral duties. A City Council member designated to serve in the absence or disability of the Mayor does not lose his or her right to vote as a Council member. IV. Quorum. A. Unless otherwise specified by the Charter or other applicable law as related to a specific action, a majority of the members [4 of 6 members] of the City Council (not simply members present) constitutes a quorum for the transaction of business. The Mayor is not considered in determining whether or not a quorum is present as the Mayor is not a member of the City Council. B. Unless otherwise provided by law, ordinances are adopted by a majority vote of the members of the City Council present at a lawful meeting. 1. Examples of ordinances ,which must be adopted by greater than a majority vote are ordinances authorizing the issuance of bonds [2/3 vote of the entire City Council, i.e. 4 of 6 votes] or selling rights in certain City property dedicated to public use [3/4 vote of the entire City Council, i.e., 5 of 6 votes]. V. Types of Meetings. A. Regular - A meeting held at the regularly scheduled day and time adopted by the Council for its regular meetings. Action may be taken and the public may speak. B. Special - May be called at the request of either the Mayor or not less than three members of Council with a minimum of three (3) business days' advance notice, except in the case of an emergency. Normally, a special meeting is called for a specific reason. Action may be taken at a special meeting and the public may speak (depending on the nature of the items being considered at such special meeting). There shall be no general public comment period at special meetings of the City Council. C. Work Session - A meeting to discuss issues and develop consensus thereon. No formal action may be taken at a work session. Work sessions may be held on the same evenings as regular and special meetings. D. Emergency — A meeting that is called to meet the definition of an "emergency" as set forth in the Virginia Freedom of Information Act and which shall be conducted in strict conformation with the requirements thereof. VI. Meeting Development Guidelines A. The first Tuesday of each month shall be reserved for work sessions, interviews, and special meetings, as necessary. The second and fourth Tuesday of each month shall be reserved for regular City Council meetings. To the extent practicable, all City Council meetings (other than scheduled retreats or other meetings necessitating different days, such as the annual budget adoption special meeting) shall occur on Tuesdays. The Mayor shall determine if additional meetings are necessary and shall schedule them, and cause them to be properly noticed, as appropriate and in accordance with applicable law. B. Meetings (except as otherwise may be required or desirable) generally shall not be scheduled to start before 7:00 p.m. C. Meetings generally shall be designed to end no later than 10:30 p.m. D. Agendas for all regular City Council meetings and work sessions, and special meetings as applicable, shall be set in accordance with subsection III.B. of these Rules of Procedure.. E. City Council meetings shall not be scheduled in August, except if absolutely required. F. City Council Meeting Calendar will serve as guidance for meetings of the 2023-2024 term (Attachment Q. Any adjustments to this calendar will be posted on the city website. VII. Agenda Item Descriptions A. There are no specific requirements for the descriptions of general agenda items. However, each description must inform the public of the nature of the item to be considered and the purpose sought to be accomplished by the item. B. Agenda item descriptions regarding ordinances and other matters requiring a public hearing shall include sufficient information to generally inform the public of the nature of the matter and the object of any such ordinance shall be clearly expressed in its title. All ordinances which repeal or amend existing ordinances shall identify by title the chapter, article and/or section to be repealed or amended and otherwise comply with applicable law. In the case of land use items, the names of the applicant, a description of the type of application, and the address and the map number of the subject property, at a minimum, must be set forth. VIII. Forms of Action A. Consent Agenda 1. Agenda items for which it is anticipated that there is no opposition, or which are of an administrative nature, may be adopted by consent. 2. Examples of items typically placed on the consent agenda include (but are not limited to): a. Introduction of ordinances and appropriation resolutions; b. Awarding of contracts; c. Adoption of minutes; and d. Appointments to boards and commissions 3. The Chair entertains a motion for adoption of the consent agenda. The Chair asks if any member of the City Council objects to handling the items on a consent agenda. If a City Council member objects, then the item is removed from the consent agenda and considered during the regular agenda. The Chair then asks whether anyone wishes to abstain to any of the items. If a member abstains, the abstention noted. The motion for adoption of the consent agenda is voted upon. 4. Agenda items that involve public hearings may not be included on the consent agenda. B. Ordinances Certain actions by the City Council (and the City as a municipal corporation), as required by the City Charter and/or other applicable law, require consideration and enactment of an ordinance, in each case following a required public hearing. 1. The procedure for introduction, consideration and enactment of ordinances (other than emergency and zoning ordinances) is as follows: a. A proposed ordinance is introduced by a member of City Council during a regular meeting (it is typically included as a consent agenda item) and is approved by an affirmative vote of the majority of the City Council members present at such meeting. A proposed ordinance may also be introduced during a special meeting when either the subject has been included in the special meeting notice or the subject has been approved by an affirmative vote of 2/3 of the City Council members present at the meeting. b. A first reading of the ordinance (upon introduction) is required, unless waived by an affirmative vote of 2/3 of the City Council members present Typically, the City Council waives the first reading (a motion so waiving is ordinarily included with the motion introducing the ordinance). Upon concurrence of a majority of the City Council members present, the City Council sets a time and date for a public hearing on the ordinance [no sooner than three days after introduction, or as otherwise required by applicable law]. c. A public hearing is held on the ordinance after publication by the City Clerk in accordance with applicable law. The City Council may direct the City Clerk to publish the full text of the proposed ordinance. d. The ordinance may be enacted upon completion of the public hearing. e. Amendments or additions to the ordinance may be made, by appropriate motion or by revisions approved by the City Attorney, at any time before adoption. f. If a proposed amendment, in the opinion of the City Attorney, introduces an entirely new subject matter or materially changes the overall purpose of the original ordinance, then the amendment must be introduced and advertised as a new ordinance. g. At the second reading of the proposed ordinance, only the title must be read unless substantive amendments or additions were made following introduction. In such case, the amendments or additions must be identified publicly prior to enactment. h. Certain ordinances are subject to special notice and advertisement requirements, different than those related to the enactment of other ordinances. 2. The procedure for adoption of emergency ordinances is as follows: a. If, in the opinion of Council, an emergency exists, an ordinance may be enacted with or without amendment during the same meeting at which it is introduced. b. The ordinance must contain a specific statement of the emergency and must be enacted by an affirmative vote of 2/3 of the City Council members present. c. An emergency is an unforeseen event or combination of circumstances the result of which requires immediate action. Use of emergency ordinances shall be extremely limited. d. No publication, hearing or specific time interval between introduction and enactment of an emergency ordinance is necessary, although the City Clerk shall endeavor to provide the maximum amount of notice practicable prior to the consideration and enactment of any emergency ordinance. e. An emergency ordinance, once enacted, is automatically repealed (and of no further, force or effect) as of the 915t calendar day following the date of its enactment. It may also be repealed at any time prior to such date by enactment of a repealing ordinance. Consecutive emergency ordinances with the same general subject matter are impermissible, unless otherwise provided by applicable law. f. The subject matter of an emergency ordinance may be reenacted utilizing the procedures governing ordinary ordinances 3. The procedure for enactment of zoning ordinances (both for ordinances associated with land use applications and for amendments to the City Zoning Ordinance) is as follows: a. Zoning map amendments may be initiated by an applicant, the Planning Commission, or the City Council. Zoning text amendments may be initiated by the City Council or the Planning Commission. In addition to the procedures set forth herein, any proposed zoning map amendments and/or zoning text amendments shall comply with applicable laws, specifically including, but not limited to, the City Zoning Ordinance and applicable provisions of the Code of Virginia. b. Proposed zoning ordinances shall considered by the Planning Commission in accordance with applicable law. The Planning Commission may recommend to the City Council that the ordinance either be approved, approved with modifications, or denied. The Planning Commission may take no action on the ordinance. c. The City Council then holds a public hearing after advertisement thereof and takes action on the proposed ordinance (and any ancillary matters/applications associated with the proposed ordinance, in the case of land use matters) utilizing the following procedures: 1. The Mayor announces the case and asks the City Clerk whether applicable notice requirements have been met. 2. The Mayor asks the Planning Director or other staff members for a brief presentation (15 minutes or less) and to provide the staff recommendation(s). 3. The Mayor opens the public hearing and requests the applicant to present his/her case, if applicable. Applicant presentations shall be brief and shall endeavor to not be duplicative of the staff presentation. 4. The Mayor invites public comment in an order determined by the Mayor. 5. The Mayor declares the public hearing closed, unless the City Council adopts a motion continuing the public hearing. 6. Councilmembers are invited to ask questions of the staff and the applicant, if applicable (City Councilmembers shall limit their questioning to 5 minutes or less, except as may be extended by the Mayor). 7. The Mayor entertains a motion concerning the zoning ordinance/land use matter and such motion is discussed. 8. The possible courses of action by the City Council are: a. Approve the ordinance/application. b. Approve the ordinance/application with modifications. c. Deny the ordinance/application. d. Defer, postpone to a date certain, or postpone indefinitely consideration of the ordinance/application. 9. If the ordinance/application is deferred or postponed and a public hearing has been held and closed, no further comments should be received from the applicant or the public during consideration of this agenda item unless specifically requested by the City Council or the passage of time or other requirement of applicable law requires readvertisement and a new public hearing. d. A zoning ordinance may not be enacted as an emergency ordinance. 4. Appropriations Ordinances or Resolutions a. Enactment of ordinances or resolutions appropriating money over $500, imposing/levying taxes or authorizing the borrowing of money require a majority vote of all members of the City Council, not simply those members present and voting. The Mayor may not vote to break a tie on any such matters. 5. Ordinances (and resolutions having the effect of ordinances) become effective upon proper enactment, and signature by the Mayor. a. If the Mayor fails to sign or veto an ordinance or resolution within 5 days, (Sundays excepted), then such ordinance or resolution shall become operative as if the Mayor signed it (unless the Mayor's term or that of the City Council expires within the five day period). b. If the Mayor vetoes an ordinance or resolution, then the City Council may reconsider it at the next regular meeting. c. An ordinance or resolution may be approved over the Mayor's veto by an affirmative vote of 2/3 of all members of the City Council, not simply those members present and voting. C. Resolutions 1. A resolution is appropriate for actions of the City Council that do not require an ordinance. It is less formal than an ordinance but more formal than a simple motion on a matter approved by the City Council. 2. In most cases, a public hearing is not required before adoption of a resolution. 3. A resolution continues in effect until it is repealed, becomes ineffective either by its terms or by law, or a subsequent resolution is passed which contradicts or changes its terms. D. Proclamations A proclamation is an act stating or causing certain matters to be published or made generally known. The Mayor, as the ceremonial head of the City government, typically causes proclamations to be prepared and reads proclamations at City Council meetings. Requests for proclamations must be made to the Mayor. E. Method and Recordation of Voting 1. The votes of the Council must be determined by yeas and nays. Voting by secret or written ballot in a public meeting is impermissible. Ordinarily, votes by the City Council shall be by recorded roll call of the members. 2. When announcing the vote, the Mayor states after each vote if there are any abstentions or absences, and identifies by name the abstaining or absent member or members of the Council. 3. The names of the Council members voting for and against each agenda item and the names of the Council members who abstain or are absent are recorded by the City Clerk. F. Abstention from Voting Abstention from voting does not constitute a negative vote. IX. City Council Appointees A. The City Council shall appoint a City Manager, City Attorney and City Clerk as required by the City Charter. B. The City Council shall annually review the job performance of the City Manager and the City Attorney on a date selected by the City Council. C. The City Council shall provide input into the annual evaluation of the City Clerk by the City Manager. The City Manager shall provide thirty (30) days' notice to the City Council prior to the City Clerk's evaluation. The City Manager shall incorporate the City Council's comments into the City Clerk's evaluation. X. Relationship with the City Attorney A. Requests for legal services, other than routine or explanatory information, by the Mayor or a City Council member or members shall be coordinated through the City Manager to the extent practicable. On matters of an individual nature, such as possible conflicts of interest, the Mayor or City Council member may contact the City Attorney directly. It shall be the policy of the City Attorney that responses to inquiries by the Mayor and the City Council shall be copied to both the Mayor and the entirety of the City Council and that "private" legal opinions shall not be provided, except in the limited instances of matters involving potential conflicts of interest or other matters as determined by the City Attorney. B. Legal services for boards, commission and committees, other than routine or required legal and explanatory services, shall be discussed by an authorized representative (normally the chair or staff representative/liaison) of the board, commission or committee, or by an appropriate City staff member, with the City Manager prior to requesting legal assistance. XI. Relationship with City Staff A. The Mayor and the City Council shall direct requests for support and conduct their liaison with the City staff through the City Manager or his/her designee; and B. The chairs of the boards, commission and committees shall direct requests for support through City staff to the City Manager or his/her designee; and 1. The City Manager shall inform the Mayor and the City Council, on a periodic basis, of requests from boards and commissions of a non -routine nature and provide guidance on possible deliverables; and 2. The City Manager or his/her designee shall coordinate such requests, including determining staff availability, establishing priorities, informing the requestor of the time requirement and other considerations relating to the response, and consideration of wider dissemination of the response(s). XII. The Virginia Freedom of Information Act (the "Act"). A. The Act applies to public bodies as defined in the Virginia Code, including the City Council and its boards, commissions, committees and subcommittees B. The Act requires that all meetings be open to the public unless the Council elects to exercise an exception listed in the Act. Meetings include work sessions during which no votes are cast or decisions are made. C. The Act requires that notice of meetings, including special or emergency meetings, be given to persons requesting notice. Notice, reasonable under the circumstance, of special or emergency meetings must be given contemporaneously within the notice given to members of the public body conducting the meeting. D. Meetings include conference telephone calls and informal assemblages of three (3) or more members of the public body. The Mayor does not count for purposes of this calculation. A chance gathering of members of a public body at any place or function where no part of the purpose is to discuss or transact public business and where the gathering or attendance was not called or prearranged to discuss or transact business is not a meeting. E. Minutes meeting the requirements of the Act must be recorded at all meetings. Unless otherwise required by law, minutes are required to be kept of meetings of boards, commissions or committees/subcommittees appointed by the City Council. XIII. Procedure to Convene and Conclude a Closed Meeting under the Act. A. Before convening a closed meeting, the Mayor and City Council must, in an open meeting duly advertised, adopt a motion stating the purpose of the closed meeting and the section or sections of the Act under which the City Council is convening the closed meeting. B. During a closed meeting, the City Council must restrict its consideration to matters specifically permitted to be discussed in closed meeting under the Act and contained within the motion convening the closed meeting. Formal action on matters discussed in closed meeting must be taken in an open meeting. C. At the conclusion of the closed meeting, the Mayor and Council must re -convene in open meeting and vote on a certification motion. D. The minutes must reflect the vote of the Mayor and each Council member on the motions entering and exiting a closed meeting. E. If the Mayor or any member believes that the City Council departed from the requirements of the certification motion, then such person must state this fact before the vote and must describe the substance of the departure. F. Failure of the certification motion to pass does not affect the validity or confidentiality of the closed meeting. ATTACHMENT A City of Fairfax, Virginia City Council Meeting Agenda Mayor Catherine S. Read City Council Billy M. Bates So P. Lim Kate G. Doyle Feingold D. Thomas Ross Jeffrey C. Greenfield Jon R. Stehle, Jr. Initially Distributed REGULAR MEETING COUNCIL CHAMBERS ROOM 100, CITY HALL ANNEX Tuesday, <DATE> 7 p.m. 1. Call the regular meeting to order. 2. Moment of Silence. 3. Pledge of Allegiance to the Flag. 4. Presentations and Proclamations. 5. General public comment (a maximum of three (3) minutes for any items not requiring a public hearing). 6. Adoption of the agenda. Action: 7. Consent agenda. a. Introduction of ordinances and appropriation resolutions; b. Awarding of contracts; c. Adoption of minutes; and d. Appointments to boards and commissions Action 8. Public hearings. Action: 9. Items not requiring a public hearing. Action: 10. Recess the regular meeting to go into a work session. 11. Work Session. ® For assistance contact 703/385-7935 (voice) 711 (TTY) Large Print/Recorded Fairfax City Council Meeting Page 2 <DATE> 12. Reconvene the regular meeting. 13. Council Comments and Committee report out (if needed). 14. City Manager report out (if needed). 15. Closed meeting (if needed). 16. Adjournment. For assistance contact 703/385-7935 (voice) 711 (TTY) Large Print/Recorded ATTACHMENT B City of Fairfax, Virginia City Council Regular Meeting NW Agenda Item # City Council Meeti TO: Honorable Mayor and Members of the City Council FROM: Robert A. Stalzer, City Manager SUBJECT: ISSUE(S): SUMMARY: FISCAL IMPACT: RECOMMENDATION: ALTERNATIVE COURSE OF ACTION: STAFF CONTACT: COORDINATION: ATTACHMENTS: ATTACHMENT C City Council Meeting Schedule for 2023-2024 term January 3, 2023 Work Session Regular Meeting January 10, 2023 January 24, 2023 Regular Meeting February 7, 2023 Work Session February 14, 2023 Regular Meeting February 28, 2023 Regular Meeting March 7, 2023 Work Session March 14, 2023 Regular Meeting March 28, 2023 Regular Meeting April 4, 2023 Work Session* April 11, 2023 Regular Meeting April 25, 2023 Regular Meeting May 2, 2023 Regular Meeting - Budget Adoption May 9, 2023 Regular Meeting May 23, 2023 Regular Meeting June 6, 2023 Work Session June 13, 2023 Regular Meeting June 27, 2023 Regular Meeting July 11, 2023 Regular Meeting & Work Session* July 25, 2023 Regular Meeting September 5, 2023 Work Session September 12, 2023 Regular Meeting September 26, 2023 Regular Meeting October 3, 2023 Work Session October 10, 2023 Regular Meeting October 24, 2023 Regular Meeting November 7, 2023 Work Session* November 14, 2023 Regular Meeting November 28, 2023 Regular Meeting December 5, 2023 Work Session December 12, 2023 Regular Meeting January 2, 2024 Work Session January 9, 2024 Regular Meeting January 23, 2024 Regular Meeting February 6, 2024 Work Session February 13, 2024 Regular Meeting February 27, 2024 Regular Meeting March 5, 2024 Work Session March 12, 2024 Regular Meeting March 26, 2024 Regular Meeting* April 2, 2024 Work Session April 9, 2024 Regular Meeting April 30, 2024 Regular Meeting* May 7, 2024 Regular Meeting - Budget Adoption May 14, 2024 Regular Meeting May 28, 2024 Regular Meeting June 4, 2024 Work Session June 11, 2024 Regular Meeting June 25, 2024 Regular Meeting July 2, 2024 Work Session July 9, 2024 Regular Meeting July 23, 2024 Regular Meeting September 3, 2024 Work Session September 10, 2024 Regular Meeting September 24, 2024 Regular Meeting October 1, 2024 Work Session October 8, 2024 Regular Meeting October 22, 2024 Regular Meeting November 12, 2024 Regular Meeting & Work Session* December 3, 2024 1Work Session December 10, 2024 Regular Meeting *Notes: April 4, 2023 Work Session — FCPS Spring Break July 11, 2023 Regular Meeting & Work Session — July 4 Work Session canceled due to 4th of July holiday. November 7, 2023 Work Session — Election Day for VA State Senate and House. March 26, 2024 Regular Meeting — FCPS Spring Break April 30, 2024 Regular Meeting — Rescheduled from April 23, 2024 due to the first day of Passover. November 12, 2024 Regular Meeting & Work Session — November 7 Work Session canceled due to Presidential Elections and City Elections.