Loading...
HomeMy WebLinkAboutAGENDA REPORT 1998 0401 CC REG ITEM 10BTO: FROM: DATE: SUBJECT: AGENDA REPORT CITY OF MOORPARK The Honorable City Council ao'� - ';�— ITEM 10 'b 1b • CITY OF MOORP m WM ORM City Council Meeting of Apr i' I 1_ 199 8 j> i rect- -4 a ff IT? re� ve ACTION: o�vlrnav>cato rGV1�� _ i'n .01•G• tp eV�saplannrK _° mI t BY: X' 2L P�P� //� Nelson Miller, Director of Community Develop me� /" March 23, 1998 (For the City Council Meeting of April 1, 1998) Consider Chapter 2.36 of the Moorpark Municipal Code Regarding Planning Commission Powers and Duties BACKGROUND At the meeting of November 5, 1997, City Council adopted Resolution No. 97 -1399, directing the Planning Commission to review and make recommendations pertaining to revisions to the City of Moorpark Municipal Code Chapter 2.36 relating to Planning Commission powers and duties. Consideration of powers and duties was scheduled for Planning Commission meetings of December 22, 1997, January 12 & 26, 1998. Planning Commission considered powers and duties, as established in Chapter 2.36 of the Municipal Code; as well as Resolution No. 95 -1135, relating to approving authorities; and Planning Commission Rules of Procedure. DISCUSSION Planning Commission did not have any recommendations for changes to Chapter 2.36 of the Municipal Code. Planning Commission however did approve a motion to identify to the City Council issues for Council consideration regarding changes to Resolution No. 95 -1135 (copy attached), changes to the Planning Commission Rules of Procedure (copy attached), and other issues as described below. Resolution No. 95 -1135 1. Recommend that Section 3 be revised so that all Major Modifications would be reviewed and recommendations made to City Council by the Planning Commission. 2. There was discussion regarding potential change to the Note following Section 4g, which indicates that all Commercial Planned Development Permits and Industrial Planned Development Permits within three hundred feet (300') of a residential zone or use shall require City Council approval. However, there was not a consensus for changes. AWPOW &DUBPT 00U'103 Planning Commission Powers and Duties April 1, 1998 Page 2 Planning Commission Rules of Procedure 1. It was recommended that the statements regarding speaker cards recently adopted by City Council (Section 2.12 & 2.13 of the City Council rules) be incorporated into the rules, along with a statement that it was the goal of the Planning Commission to read all of the speaker cards, without any attachments, subject to the discretion of the Planning Commission. 2. It was recommended that the first sentence of the second paragraph of Section 2.6, Public Comments, which reads "Speakers may be heard at greater length at the end of the agenda by majority vote of the Commissioners present and voting ", be deleted. 3. It was recommended that Section 2.2, Delivery of Agenda, be modified to specify delivery of the agenda to Commissioners each Wednesday (rather than Thursday) preceding the meeting to which it pertains, as this reflects more recent practice. Other 1. There was discussion of attendance of Planning Commissioners at City Council meetings to respond to any City Council questions with some formalized mechanism. However, there was not Planning Commission consensus, but a question if City Council had any direction on this issue. 2. There was also discussion of review of establishments which sell alcoholic beverages by the Planning Commission. However, there was not Planning Commission consensus to recommend any changes. 3. Planning Commission discussed Park and Recreation Commission review of landscape plans for development projects, who would then make a recommendation to the Planning Commission. The majority of the Planning Commission felt that this idea should be included in the list of issues for City Council consideration, with a process to be worked out with the City Council. RECOMMENDATION Direct staff as deemed appropriate. Attachments: Chapter 2.36 of the Moorpark Municipal Code Resolution No 95 -1135 and Planning Commission Rules of Procedure AMCPOW &DUBPT Chapter 236 PLANNING COMMISSION* Sections: - 2.36.010 Created. 2.36.020 Membership —Term of office. 236.030 Qualifications. 236.040 Removal of members. 2.36.050 Absence from meetings. 2.36.060 Resignation of members. 2.36.070 Ineligibility of councilmembers. 2.36.080 Organization. 2.36.090 Powers and duties. 236.100 Regular meetings. 2.36.110 Compensation. • Prior ordinance history: Ord. 2. 2.36.010 Created. A planning commission for the city is established with membership, powers and duties as provided in this chapter and by statutes of the state. (Ord. 33 § 1 (part), 1984) 2.36.020 Membership —Term of office. A. The planning commission shall consist of five (5) members, to be appointed by the city council. Each member of the city council shall have the right to nominate one (1) member to the commission and the term of the commis- sioner shall be for a period of two (2) years. The appoint- ment, or reappointment, as the case may be, shall occur at the reorganization meeting of the city council held every even - numbered year. If a vacancy shall occur otherwise than by expiration of a term, it shall be filled by nomination by the respective councilmember for the unexpired portion of such term. The term of the ex officio or advisory mem- bers shall correspond to their respective terms of office. B. Nothing in this chapter is intended to preclude the reappointment of any planning commissioner upon the expiration of his or her term. (Ord. 33 § 1 (part), 1984) 2.36.030 Qualification& A. The members of the commission shall be residents and registered voters of the city. When a person serving on the city planning commission ceases to be a resident of the city, the city councilmember responsible for the nomination shall declare vacant such person's position on the planning commission and shall nominate another eligible person to the unexpired term of such former member. B. Members of the commission shall, where possible, be selected on the basis of special knowledge in the fields 25 2.36.010 of real property, construction, law, zoning and architecture, or related subjects. C. No members of the planning commission shall hold any other remunerative office or position with the city. D. Each commissioner shall serve at the pleasure of his or her nominating councilmember or his or her succes- sor. (Ord. 33 § 1 (part), 1984) 2.36.040 Removal of members. Any member of the planning commission may be removed by either of the following: A. A majority vote of the legislative body; B. Absence from three (3) consecutive regular meetings without formal consent of the commission shall be deemed to constitute the resignation of the commissioner and the position declared vacant. (Ord. 33 § 1 (part), 1984) 236.050 Absence from meetings. A. If a member of the planning commission shall be absent from three (3) successive regular meetings of the commission, without cause, the office of such member shall be deemed to be vacant and the term of such member ipso facto terminated and the secretary of the planning commis- sion shall immediately inform the city council of such termination. B. An absence due to illness or an unavoidable absence from the city and written notice thereof to the secretary of the planning commission on or before the day of any regular meeting of the commission shall be deemed absence for cause. (Ord. 33 § I (part), 1984) 2.36.060 Resignation of members. Any member of the planning commission may resign from the commission. The resignation by the commissioner shall be in writing and shall be deemed effective immediate- ly upon receipt by the city clerk regardless of the date specified in the resignation. The city clerk shall immediately inform the city council of any such vacancy by causing a copy of the resignation to be sent to each councilmember. (Ord. 93 § 1, 1988) 2.36.070 Ineligibility of councilmembers. No member of the city council shall be eligible for membership on the planning commission. (Ord. 33 § 1 (part), 1984) 2.36.080 Organization. A. At the first regular meeting in January of each year, the planning commission shall elect its chairman from among the appointed members for the term of one (1) year and, subject to other provisions of law, may create and fill such other offices as it may determine. 2.36.080 B. The commission shall hold regular bimonthly meet- ings as determined by the commission at its first meeting in January of each year, such determination to include the dates, time and place of such meetings. C. The commission may holdsuch additional adjourned or special meetings as may be called in accordance with the provisions of the Government Code. D. If any regular meeting falls on a holiday, it shall be held on the next scheduled business day and all meetings otherwise scheduled or noticed to be held on a regular meet- ing day falling on a holiday shall be held at the meeting of the next business day without the necessity of any other or further notice. (Ord. 33 § 1 (part), 1984) 2.36.090 Powers and duties. The planning commission shall have power, except as otherwise provided by law, to: A. Recommend to the proper office plans for the regu- lation of the future growth, development and beautification of the city in respect to its public and private buildings and works, streets, schools, parks, grounds and vacant lots; B. Recommend to the proper office of the municipality, plans, consistent with the future growth and development of the city, in order to secure sanitation, proper service of all public utilities, shipping and transportation facilities; C. Make recommendations to any public authorities or persons with reference to the location of any proposed buildings, structures or works; D. Recommend to the council approval, conditional approval or disapproval of tentative maps of proposed subdi- visions of land. The council designates the planning com- mission as its advisory agency with respect to the design and improvement of proposed subdivisions. Every such map or plat shall, prior to its final approval or disapproval by the council, be submitted to the commission for action thereon; E. Do such other things as shall be necessary to carry out the provisions of this chapter and the provisions of the Conservation and Planning Act of the state, amendments or any act substituted therefor. (Ord 33 § 1(part), 1984) 2.36.100 Regular meetings. A regular meeting as provided by law or by rule of the planning commission, or any regularly advertised public hearing, shall be deemed a regular meeting. (Ord. 33 § 1 (part), 1984) 236.110 Compensation. Members of the planning commission shall receive compensation for their attendance at each meeting of the commission as deemed appropriate by the city council by resolution. (Ord. 33 § 1 (part), 1984) 26 Chapter 2.40 REDEVELOPMENT AGENCY Sections: 2.40.010 Statutory authority. 2.40.020 Designated. 2.40.010 Statutory authority. Pursuant to Section 33101 of the Community Redevelop- ment Law, there is a need for the redevelopment agency created by Section 33100 of said Law to function in the city and said agency shall be known as the redevelopment agency of the city and shall transact business and exercise its powers under the community redevelopment law. (Ord. 87 § 1, 1987) 2.40.020 Designated. Pursuant to Section 33200 of the Community Redevelop- ment Law, the city council declares itself to be the agency provided for in Section 2.40.010 of this chapter and all of the rights, powers, duties, privileges and immunities vested by the Community Redevelopment Law in a redevel- opment agency shall be, and are, vested in the city council. The city council finds that by serving as the agency, the public interest is served and the public safety and welfare are promoted in an effective manner. (Ord. 87 § 2, 1987) RESOLUTION NO. 95-1135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,CALIFORNIA, ESTABLISHING CERTAIN PERMIT APPROVAL PROCESSES TO BE PERFORMED BY CERTAIN CITY OFFICIALS; AND THE REPEALING OF RESOLUTION NO. 88 -523 Whereas Resolution No. 88 -523 prescribes the city Officials that approve various permits; and Whereas, the City Council as well as the staff have recommended changes to said approval authority; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA, DOES RESOLVE AS FOLLOWS: MOORPARK, Section 1. Resolution No. 88 -523 is hereby rescinder}..: Section 2. Major Modifications shall be approved or disapproved by the approving authority approval or an appeal thereof, and shall be granting the original Processed as prescribed by the Zoning Code. Section 3. Where a City Council approved not been inaugurated in two years or more, and a ajortModification to that entitlement is filed prior to the expiration of the entitlement or any extension thereto, the Modification shall first be reviewed by the Planning Commission who shall forward a recommendation to the City Council in the manner stipulated by the Zoning Code. Section 4. When the City Council is cited as the a authority, the Planning Commission shall first review ewthe application and shall make appropriate recommendations to the City Council in a.manner as prescribed by the Zoning Code. Approval or disapproval shall be performed by the following city officials: ENTITLEMENT a• General Plan Adoption b• General Plan Amendment C. Zoning Code Adoption /Amendment d. Zone Change jra /res88523.sr APPROVING AUTHORITY City Council City Council City Council City Council JOeOO7 e f. 93 Residential Planned Development Permits - Commercial Planned Development Permits - Industrial Planned Development Permits - 0 Planning Commission for proposals of four units or less; City Council for proposals of more than four units. Planning Commission for proposals of less than 20,000 square feet of gross floor area; City C o u n c i l f o r proposals of 20,000 square feet or more of gross floor area. Planning Commission for proposals containing less than 20,000 square feet of gross floor area for all buildings' involved; City C o u n c i l f o r proposals of 20,000 square feet or more of gross floor area for all buildings involved. Note: For f. and g. above, all new construction, regardless of gross floor area size that is within three hundred feet (300, ) of a residential zone or use shall require City Council approval. h. Administrative Clearance i. Planning Commission Conditional Use Permit - I- Tentative and Final Tract Map k. Parcel Map and Parcel Map Waiver jra /res88523.sr D i r e c t o r o f C o m m u n i t y Development. Planning Commission. City Council. Planning Commission. X60 ' OOS 1. Lot Line Adjustment and Lot Consolidation M. Minor Modification PASSED, APPROVED, AND ADOPTED this JUNE , of 1995. D i r e c t o r o f C o m m u n i t y Development. D i r e c t o r o f Community Development. 21st day of i Paul W. rason Jr., ayor ATTEST: jra /res88523.sr W O W • ,I MOORPARK 799 Moorpark Avenue Moorpark, Cafrfomia 93021 (805) 529 -6864 STATE OF CALIFORNIA COUNTY OF VENTURA ) ss. CITY OF MOORPARK I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that . the foregoing Resolution No. 95 -1135 was adopted by the City Council of the City of Moorpark at a meeting held on the 21st day of NNE 1995, and that the same was adopted by the following vote: - AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 28th day of JUNE 1995: Lillian E. Hare City Clerk PAUL W. LAWRASON J Mayor BERNARDO M. PEREZ PATRICK HUNTER SCOTT MONTGOMERY Mayor Pro Tem Councilmember Counnilm' . t- aacuio JOHN E. WOZNIAK RESOLUTION NO. PC -91 -252 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING RULES OF PROCEDURE FOR COMMISSION MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. WHEREAS, Section 2.04.040 of the Moorpark Municipal Code requires that the City Council adopt Rules of Procedure to govern the conduct of its meetings and any of its other functions and activities; and WHEREAS, the City Council has adopted said Rules of Procedure and has directed the Planning Commission to adopt Rules of Procedures that are consistent with those as adopted by the City Council; NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Moorpark that Rules of Procedure for Commission Meetings and Related Functions and Activities are hereby adopted, to read as follows: SECTION ONE. The Procedures of the Commission shall be as follows: The purpose and intent of the Commission in adopting these rules shall be to provide directory guidelines relating to the conduct of the public business by the Commission. In the event of any non - compliance with, or violation of, any provision herein, such shall not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law. In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide. 00CIC111 Resolution No. PC -91 -252 2.1 Agenda: The Order of Business of each meeting shall be as contained in the Agenda prepared by the Secretary to the Commission. The Agenda shall be a listing by topic of the items of business which shall be transacted or discussed in the following order: 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Proclamations, Commendations and Special Presentations 5. Reordering of, and Additions to, the Agenda 6. Approval of Minutes 7. Public Comments 8. Consent Calendar 9. Public Hearings 10. Discussion Items 11. Staff Comments 12. Commission Comments 13. Future Agenda Items 14. Adjournment -3- 0 0U C 10% Resolution No. PC -91 -252 Barring insurmountable difficulties, the Agenda shall be delivered ordinarily to Commissioners each Thursday preceding the meeting to which it pertains. The Agenda shall also be available to the general public after it is posted. Agenda reports will not be available to the general public until after distribution to the Commission. The meeting of the Commission shall be called to order by the Chairman or, in his or her absence, by the Vice - Chairman who shall serve until the arrival of the Chairman. In the absence of both the Chairman and the Vice - Chairman, the meeting shall be called to order by the Secretary to the Commission. The Secretary to the Commission shall immediately call for the selection of a temporary Presiding Officer who shall serve until the arrival of Vice - Chairman or until adjournment. M. • • �� Before proceeding with the business of the Commission, the Secretary to the Commission shall call the roll of the Commission and the names of those present shall be entered in the minutes. The order of roll call shall be alphabetical with the Chairman called last. Unless otherwise provided for by law, a majority of the Commission shall constitute a quorum sufficient to do business. R re - .- _.. s.• ..- .- s•-.•_ Except with majority consent of the Commissioners present and voting, items may not be taken out of order. Any Commissioner, the City Manager, the City Attorney, Director of Community Development or the Secretary to the Commission may bring to the attention of the Commission new items of business which can be placed on the agenda by majority vote for discussion and action in the event of an emergency situation or when the need to take -4- (JOU0i13 Resolution No. PC -91 -252 action arose subsequent to the posting of the agenda, consistent with applicable State law. In addition to having the opportunity to reorder the agenda as order of business number 5, the Chairman shall suspend the item under discussion at 11:30 p.m. in order that the agenda may be reordered by majority vote of the Commissioners present and voting. The Secretary to the Commission will notify the Chairman that the time for reordering the agenda has arrived. MOVINEUM-M-1WO-1 uu -� Any member of the public may address the Commission on any subject within the jurisdiction of the Commission which is not listed on the Agenda as a public hearing item. Speakers will be heard in the order that their speaker cards are received by the Secretary'to the Commission prior to the Call to Order of the meeting. A limitation of 3 minutes shall be imposed upon each speaker. By majority vote of the Commission present and voting, the number of speakers shall be limited at any single meeting. The speaker shall be governed by the rules of Sections 6.1, 6.2 and 6.3. Commissioners shall reserve their comments and responses until the end of the public comments period. Speakers may be heard at greater length at the end of the agenda by majority vote of the Commissioners present and voting. The Secretary to the Commission shall hold over to the next adjourned regular or regular meeting, timely submitted speaker cards of speakers who were not heard during the public comments period, and those speakers shall be given priority in the order that their speaker cards were originally received during the public comments period of the next meeting. Speakers at a regular meeting will not be allowed to address the same subject at an adjourned meeting of the regular meeting at which they spoke, except by a four - fifth's majority vote of the Commission. -5- 00C,0111-1 Resolution No. PC -91 -252 Minutes of previous Commission meetings, items of a routine nature and items recommended to be received and filed shall be placed on the consent calendar. All items may be approved by one blanket motion by unanimous vote of those present and voting. However, a Commissioner may abstain from voting on any consent calendar item without requesting its withdrawal, and the Secretary to the Commission shall record any such abstention in the minutes. An abstention shall be considered to be a,vote in favor of the motion for purposes of determining unanimous consent. Prior to a motion on the consent calendar, any Commissioner may request that any item be withdrawn from the consent agenda for separate consideration. Items withdrawn from the consent calendar shall be considered immediately in the order that they were withdrawn, provided that the Commissioner who requested that an item be withdrawn may also request that it be considered under the Discussion /Action Items portion of the Agenda. All such items shall be considered at the end of Discussion /Action Items in the order that they were withdrawn from the consent calendar. • . O.- Items shall be placed under this topic if (i) a public hearing is required by law; (ii) the item is the consideration of an application or an appeal; or (iii) the item has been set for public hearing by the Commission. order: Public hearings shall be conducted in the following Staff review Questions of Staff by Commission Hearing Opened by Chairman Testimony by Applicant Other Public Testimony Rebuttal by Applicant ai Resolution No. PC -91 -252 Questions by Commission _ Hearing Closed by Chairman Discussion by Commission Action by Commission Any public hearing which is continued from one meeting to another shall be placed first on the Agenda under Public Hearings, and if more than one, shall appear in the same order as shown on the previous Agenda. The order of the Agenda under Public Hearings may not be changed, except with the unanimous consent of the Commissioners present. Questions or comments from the public shall be limited to the item under consideration and the speaker shall be governed by the provisions of Sections 6.1 and 6.2. Depending upon the extent of the Agenda and the number of persons desiring to speak of an item, the Chairman may, at the beginning of the hearing, limit testimony, but in no event to less than 3 minutes per individual. An applicant's presentation shall be limited to 30 minutes with consultant participation generally limited to answering specific Commission questions. Any Commissioner may comment on any matter that is not on the Agenda. - -- .. .. -��- Items that involve recommendations to the City Council and items of a non - routine nature shall be placed under this topic. 2.11 Future Agenda Items Any Commissioner who has not previously requested during the meeting to have an item placed on a future agenda may do so under this topic. -7- O OUO w Resolution No. PC -91 -252 .• •. - u The Chairman shall be the Presiding Officer at all meetings of the Commission, except as otherwise provided in Section 2.3. At its first regular meeting of December in each year, the Commission shall select a Chairman and Vice - Chairman. Each person so selected shall serve until the first regular meeting of the subsequent December or unless removed sooner pursuant to this Section. Each selection shall be by three (3) or more affirmative votes, and a failure to achieve such total of affirmative votes shall be deemed a selection of the incumbent to remain in office. Each person so selected shall serve until the end of the one year term or until a successor is chosen (at any time) by three (3) or more affirmative votes, whichever first occurs. If a vacancy in the position of Chairman occurs for any reason except for removal of the Chairman pursuant to this Section, the Vice - Chairman shall assume the position of Chairman until a successor is chosen. The Presiding Officer may move, second and debate from the chair, subject only to such limitations of debate as are imposed on all Commissioners. He or she shall be accorded all of the rights and privileges of a Commissioner. u_ • -•_ I • - . • .- The Presiding Officer is responsible for the maintenance of order and decorum at all times. The head of the City's police agency or his designee shall be ex- officio sergeant -at -arms of the Commission. He shall carry out all orders and instructions given him by the Presiding Officer for the purpose of maintaining order and decorum at the Commission meeting. The Presiding Officer shall decide all questions of interpretation of these rules, points of order, maintenance of order or other questions of procedure requiring rulings. Any such decision shall be final and binding and (even if -a- 000017 Resolution No. PC -91 -252 clearly erroneous) for purposes of the item under consideration, unless overridden by a majority vote of the Commissioners present and voting. Any Commissioner may seek to have the Presiding Officer's decision overridden by moving the question "Shall the decision of the Presiding Officer be sustained ?" (a) Any Commissioner desiring to speak shall address the chair and, upon recognition by the Presiding Officer, shall confine himself to the item under debate. (b) A Commissioner desiring to question the staff shall address his question to the City Manager, City Attorney or Department head, as appropriate, who shall be entitled either to answer the inquiry himself or to designate some member of his staff for that purpose. (c) A Commissioner, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer, a point of order is raised by another Commissioner pursuant to Section 3.4 or the speaker chooses to yield to questions from another Commissioner. (d) Any Commissioner called to order while he is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order he shall be permitted to proceed. If ruled out of order he shall remain silent or shall alter his remarks so as to comply with the rules. (e) Commissioners shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the Commission. They shall refrain at all times from rude and derogatory remarks, abusive comments and statements as to integrity, motives or personalities. (f) The right of a Commissioner to address the Commission on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impugned. 000=18 Resolution No. PC -91 -252 (g) Any Commissioner may move to require the Presiding Officer to enforce the rules. The affirmative vote of a majority of the Commission present and voting shall require him to so act. A Commissioner should not speak more than once upon any one item until every other member choosing to speak thereon has spoken. No member shall speak for a longer time than 5 minutes each time he has the floor, without the approval of a majority vote of the Commission present and voting. -• - _•• MZF401WEM Any Commissioner shall have the right to express dissent from, or protest to, any action of the Commission and to have the reason entered in the minutes. If such dissent or protest is desired-to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons. ." •• • • - - Any Commissioner prevented from voting on an item because of a conflict of interest shall refrain from the discussion and vote. Such member should leave the Commission dais immediately after announcing the conflict. SECTION S. CONDUCT OP PMPT.QVT7Rq (a) Members of the staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Commission. (b) The City Manager or assigned Department Head shall insure that all staff members and employees observe such decorum. (c) Any staff member or employee, including the City Manager, desiring to address the Commission or members -10- Oat "OV) Resolution No. PC -91 -252 of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Commissioner or member of the public. P-251000730"* idaillar-Iffe (a) Members of the public attending Commission meetings shall observe the same rules of order and decorum applicable to the Commission pursuant to Section 4.1. (b) Wilful conduct that is disruptive, including but not limited to, unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall be prohibited by the Presiding Officer. Any person who becomes wilfully disruptive while addressing the Commission or while attending the Commission meeting shall be removed from the room if the sergeant -at -arms is so directed by the Presiding Officer. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. No person shall address the Commission without being recognized by the Presiding Officer. Any member of the public desiring to address the Commission shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, the speaker shall state his name and address for the record. All remarks and questions shall be addressed to the Chair and not to any individual Commissioner, staff member or other person. V11 V�NFVINMFI ..- .• s.. - -- .• .- .��� -- .. The making of oral communications to the Commission by any member of the public during the "Public Comments" portion of the Agenda shall be subject to the following limitations: (a) No speaker shall be permitted to address the Commission on a public hearing item which is not on the -11- 00C1620 Resolution No. PC -91 -252 Agenda but -which has been scheduled or is under submission for a public hearing before the City Council or Commission. (b) No speaker shall be permitted to address the Commission on an item which is currently before or is under submission for consideration by a Commission, board, committee or officer before which the speaker should make his presentation, until that body has completed its deliberations and taken its final action. In case the speaker should have followed an otherwise available appeal procedure, the Presiding Officer shall not allow oral communication to the Commission outside that procedure. (c) No speaker shall be permitted to include charges or complaints against any employee of the City, or any employee of a private firm or public agency providing a contract service to the City, regardless of whether such employee is identified in the presentation by name or by any other reference which tends to identify the employee. All charges or complaints against an employee shall be submitted to the City Manager for appropriate action, and may also be submitted to members of the City Council by written communication. (d) If it appears that several speakers desire to speak regarding any item on the Agenda, the Presiding Officer may reasonably limit the number of speakers on each side of the issue. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson. When a motion is made and seconded, it shall be stated by the Presiding Officer or, at the request of the Presiding Officer, by the Secretary of the Commission before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 15 .O -12- ()OU -001A Resolution No. PC -91 -252 If the motion contains two or more divisible propositions, the Presiding Officer may, and upon request of any Commissioner shall, divide the same, unless a majority of the Commissioners present and voting votes not to do so. When a motion is before the Commission, no motion shall be entertained except the following, which shall have precedence in the following order. The ordinary motions rank as follows, and any of them (except to amend) can be made while one of a lower order is pending, but none can supersede one of a higher order. Motions to limit discussion, to call the question and to suspend the rules require a two - thirds vote; all other motions require only a majority vote: To Fix the Time of Adjournment ) To Adjourn (when unqualified) ) Cannot To Table ) be To Limit Discussion (2/3 vote) ) Amended To Call the Question (2/3 vote) ) To Suspend the Rules (2/3 vote) ) To Postpone to a Certain Time ) To Commit or Refer to Committee ) Can be To Amend ) Amended To Postpone Indefinitely ) The Motion to Reconsider: the motion can be made when any other motion is before the assembly, but cannot be acted upon until the business then before the assembly is disposed of; when called up, it takes precedence over all other -13- 000O22 Resolution No. PC -91 -252 motions, except to adjourn, and to fix the time to which to adjourn. Motions incidental to those before the assembly take precedence over them and must be acted upon first. Such a motion shall be to set a definite time at which to adjourn and may be amended by unanimous vote. Such a motion shall be in order at any time, except as follows: (a) When repeated without intervening business or discussion; (b) When made as an interruption of another Commissioner while speaking; (c) When discussion has been ended and vote on the motion is pending; or (d) While a vote is being taken. A motion to adjourn "to another time" shall be debatable, but only as to the time to which the meeting is adjourned. u . • • _ 1 -.1 FM Such a motion shall be used to temporarily bypass the subject and shall preclude all amendments or debate of the subject under consideration. If the motion prevails, the item may be "taken from the table" at any time prior to the end of the next regular meeting. 05 WO)v Such a motion shall be used to limit the time allowed each Commissioner to speak to, or to appoint a time at which discussion shall close on, the question of the main -14- 00C10021,.3 Resolution No. PC -91 -252 motion. and any previously made amendment to the main motion. If a motion to limit the time allowed each member to speak passes, no member shall thereafter speak more than two times to the question nor longer than the time allowed at either time and no member shall speak the second time until every member choosing to speak has spoken. Such a motion shall be used to close debate on, and further amendment to, the main motion. If the motion fails, debate shall be reopened; if the motion passes, a vote shall next be taken on any previously made amendments to the main motion and finally on the main motion. • U• •. . .-o• .- : -- Such a motion shall be used to suspend these rules of procedure and shall include a statement of the purpose of the suspension. If the motion fails, the motion shall not be renewed for the same purpose at the same meeting, but it may be renewed for the same purpose at an adjourned meeting of that meeting. u. . • •. store) . - - 44 WVW*7= Such a motion shall be amendable and debatable only as to propriety of postponement and time set. Such a motion shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. u. .• ..- •- .. -15- Resolution No. PC -91 -252 Any Commissioner who voted with move a reconsideration of any vote at the the next regular meeting. After a motion reconsideration has once been acted upon, for a reconsideration thereof shall be mai unanimous consent of the Commission. -u-• • •- u• •• the majority may same meeting or at for no other motion ie without Upon the request of any Commissioner, the Presiding Officer shall verbally restate each motion immediately prior to calling for the vote. 8.2 Voting Procedure: In acting upon every motion, the vote shall be taken by voice, roll call or any other method by which the vote of each Commissioner present can be clearly ascertained. The vote on each motion shall then be entered in full upon the record. The order of voting shall be the maker of the motion, the second and then the remaining s Commissioners alphabetically, with the Chairman called last. The Clerk Secretary to the Commission shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond 'aye', 'no' or 'abstain', provided that when a vote is collectively taken by voice or when a method of voting other than by voice or roll call is used, any Commissioner not audibly and clearly responding 'no' or 'abstain' or otherwise registering an objection shall have his vote recorded as 'aye'. Following the vote, the Presiding Officer shall verbally announce whether the motion carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Any member may change his vote before the next item of business is called. .. -16- Resolution No. PC -91 -252 A -roll call vote shall not be used for any item before the Commission unless demanded by any Commissioner. It shall not be in order for members to explain their vote during roll call. 8.4 Failure to Vote: Every Commissioner should vote unless disqualified for cause. A Commissioner who abstains from voting on an item because of being disqualified shall be considered as if absent. 8.5 Tie Votes: When no Commissioner abstains from voting, the motion shall be lost on a tie vote. Any member who abstains and is not considered absent shall be deemed to have acquiesced to the motion and the motion shall be passed on a tie vote. If a tie vote results at a time when less than all members of the Commission are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Commission, unless otherwise ordered by the Commission. c - - - -. E WeWoreN iiW -- F itel . Or- TEW = ... - The City Manager or designee's /designee is authorized to receive and open all written communications addressed to the Commission as a whole and give it immediate attention to the end that all administrative business referred to in said communications, and not necessarily requiring Commission action, may be disposed of between Commission meetings. The City Manager's designee shall cause a copy of such communication to be sent to each Commissioner. • .- -. •uu . •.- Any written communication received at City Hall addressed to the Chairman and /or an individual Commissioner -17- Resolution No. PC -91 -252 shall be opened by the City Manager's or his designee and a copy of such communication shall be provided to each of the other members. Any written communication provided to any Commission committee shall be provided to each of the other members. Any Commissioner who receives any written communication on any subject related to the business of the City Commission, whether or not received at City Hall, shall cause a copy to be provided to the Secretary to the Commission who shall cause a copy of such communication to be sent to each of the other members. Any such communication which relates to an item pending or to be brought before the Commission shall be included in the agenda packet for the meeting at which such item is to be considered. Regardless of the source, it will take a four - fifth's majority vote of the Commission to accept additional agenda material on the day of the Commission meeting at which the item is to be considered. 10.1 Committees: Committees may be appointed by the Chairman, as needed, with the approval of the majority of the members of the Commission. 11.1 Scha u1e. The Commission shall hold regular monthly or bi- monthly meetings as determined by the Commission at its first meeting in January of each year, such determination to -18- 000027 Resolution No. PC -91 -252 include the dates, time and place of such meetings as set forth in Ordinance 33. PASSED AND ADOPTED this 18th day of November, 1991. Chairman Michael H. Wesner Jr. ATTEST: Celia LaFleur, Secretary STATE OF CALIFORNIA ) SS COUNTY OF VENTURA ) I, Celia LaFleur, do hereby certify that 1 am the secretary of the Planning Commission of the City of Moorpark, California and that the foregoing resolution was duly adopted at a regular meeting thereof held on November 18, 1991 by the following vote: Ayes: Commissioners Torres, May, Brodsky, Miller, Wesner Noes: None ATTEST.• Celia LaFleur, Secretary -19-