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HomeMy WebLinkAboutAGENDA REPORT 1999 1006 CC REG ITEM 10FTO: F:V-1T67VV DATE: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council rMM IO - F • C1, i'Y OF �700RPkRK, CALIFORNIA Gay Council .Nleeting of Q , 4 )1, -, n'1ka 19 ic1 all- BY: Deborah S. Traffenstedt, City Clerk September 30, 1999 (CC Meeting of 10/6/99) SUBJECT: Consider Revisions to City Council Policies Resolution and City Council Rules of Procedure for Council Meetings Resolution BACKGROUND At the City Council's September 1, 1999 meeting, Councilmember Evans requested that the City Council's adopted policies and rules be reviewed regarding the procedure for citizen appointments to boards, commissions and committees. DISCUSSION Resolution No. 98 -1509 is included as Attachment 1 and Resolution No. 99 -1613 is included as Attachment 2 to this report. Policy No. 5 in Resolution No. 98 -1509 addresses appointments to Boards, Commissions and Committees. Subsection 10 of Policy 5 states the procedure for appointments. The modification requested by Councilmember Evans would be to add another step in the appointment procedure to require the Mayor to list all of the names of those persons he intends to appoint, and in the order he intends to use for the motion for appointment. Councilmember Evans is also requesting that language be added to Policy 5 to require that following the Mayor's announcement of all names to be nominated, the appointment item be tabled until the end of the Presentation /Action /Discussion section of the agenda, to allow Councilmembers the time to consider the proposed appointments prior to voting. If appointments are to be placed first under the Presentation /Action /Discussion section of the agenda, Section 2.13 of the Rules of Procedure for Council meetings will also need to be revised (currently presentations and continued agenda items are required to be listed first). 0004 2 Honorable City Council September 30, 1999 Page 2 STAFF RECObMNDATION Direct staff to bring back draft resolutions, incorporating City Council recommended revisions, for consideration at the October 20, 1999 regular meeting. Attachments: 1. Resolution No. 98 -1509 2. Resolution No. 99 -1613 0 004,3 ATTACHMENT I RESOLUTION NO. 98 -1509 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING COUNCIL POLICIES AND RESCINDING RESOLUTION NO. 98 -1454 WHEREAS, it is advantageous for the City Council to have a compilation of its policies; and WHEREAS, the City Council has directed that its policies be compiled and adopted as a resolution; and WHEREAS, on April 15, 1998, the City Council adopted Resolution No. 98 -1454 adopting Council Policies; and WHEREAS, the City Council has determined that a revision to Policy 6, City Council Standing Committees, and minor editorial corrections are required; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE THAT COUNCIL POLICIES ARE HEREBY ADOPTED TO READ AS FOLLOWS: SECTION 1. POLICY 1 - STREET NAMING All street names shall be approved by the City Council subject to the concurrence of the County Fire Department. The following criteria shall be used: North /South streets shall be designated as avenues or roads; East /West streets as streets or drives; and cul- de -sacs as circles, courts or places. SECTION 2. POLICY 2 - REPAYMENT DOCUMENTS FOR VILLA CAMPESINA DEFERRED LOANS The City Manager is authorized to execute all deferred loan repayment documents for Villa Campesina Affordable Housing Development (Tract 4147). SECTION 3. POLICY 3 - MEETING AND CONFERENCE EXPENSE On various occasions it will be necessary for City Officials, elected and appointed, and staff to attend meetings outside the City or County on City business. Such occasions fall basically into three categories: 1. Meetings /Seminars /Training Sessions which do not require overnight. accommodations; 000��, Resolution No. 98 -1509 Page 2 2. Conferences /Training Sessions requiring overnight accommodations, or which require an expenditure exceeding $250.00; 3. Travel for regular /special meetings. A. Meetings /Seminars /Training Sessions (one day and return) 1. The costs of registration, meals, parking and mileage are allowable City expenses. Attendance at City expense shall be subject to the advance approval of the City Manager. 2. An individual proposing to attend at City expense shall file a rough -draft copy of the Claim for Reimbursement of Travel Expenses with the City Manager at least 24 hours prior to the date of attendance. 3. The City Manager shall not approve such attendance unless funds have been appropriated and are available for the subject purpose. 4. Wherever possible, registration fees will be paid in advance by the City. The individual attending shall advance all other necessary costs. 5. Upon return to the City, the individual attending shall complete the Claim for Reimbursement of Travel Expense, in final form, and submit it to the City Manager for reimbursement. B. Conferences /Training Sessions (Requiring Lodging) 1. The costs of registration, lodging, meals, parking and mileage are allowable City expenses. Attendance at City expense shall be subject to the advance approval of the City Manager, if funds have been appropriated for the travel. Otherwise, it shall require approval and an appropriation of funds by the City Council. 2. The individual attending shall file a rough -draft copy of the Claim for Reimbursement of Travel Expenses with the City Manager, at least one week 0004 Resolution No. 98 -1509 Page 3 prior to the City Council Meeting preceding the date of the Conference /Training Session. 3. The City Manager shall determine whether funds have been appropriated and are available for said proposed expenditure and shall either approve /disapprove the travel or refer to the City Council and recommend attendance /non- attendance based on the availability of funds, proposed content of the meeting and other meetings in the same general subject area which may be scheduled later during the budget year. 4. After approval by the City Manager or City Council, staff will, if possible, make advance arrangements to pay registration and lodging fees and to make an advance payment in the amount not to exceed 1000 of the balance of the estimated cost. 5. Upon return to the City, the individual attending shall complete the Claim for Reimbursement of Travel Expenses, in final form with supporting receipts or cash tickets, and submit it within 10 days of their return to the City Manager for reimbursement, or refund of any overage. Total receipts for meals and associated tips will be honored up to $50.00 per day based on the following limits of $10.00 for breakfast, $15.00 for lunch and $25.00 for dinner. Meals can be combined. 6. The traveler may receive a per diem allowance for meals plus tips. The per diem allowance shall conform to the currently allowed Internal Revenue Service (IRS) allowance for California cities. It shall be prorated when appropriate. 7. When the individual attending an approved conference is accompanied by his or her spouse or another companion, the allowable cost for lodging shall be only that which would be allowed if the individual were traveling alone. The lodging and all other expenses of the spouse or traveling companion are personal and not reimbursable by the City. 00040E Resolution No. 98 -1509 Page 4 C. Staff Travel - Regular /Special Meetings Staff assigned or directed by the City Manager to attend area meetings, or special meetings which are scheduled from time to time during the regular course of business, shall be reimbursed for actual mileage, meals and other appropriate expenses on an actual cost basis. Staff members receiving a travel allowance will be reimbursed for actual mileage for trips on City business outside of the six county area (Santa Barbara, Ventura, Los Angeles, San Bernardino, Riverside, and Orange). Mileage will be calculated from the City as point of departure to the destination. Mileage expense for the use of a personal vehicle for travel shall be at the rate currently allowed by the Internal Revenue Service provided, however, that the total expense of said travel shall not exceed the combined total of the round -trip air fare to the destination, plus the private vehicle mileage expense to and from the airport and appropriate parking fees. Attendance at a special meeting, for which funds are not appropriated, in Sacramento /Washington, D.C. or other City at which attendance by the City of Moorpark is deemed urgent, and which occurs at a time which precludes advance approval by the Council as a whole, may be authorized by the Mayor and one other member of the City Council, subject to the ratification of the expense and appropriation of funds at the next regular Council Meeting. D. Council and Commissioner Expenses The travel and expense reimbursement of members of the Council, the Planning Commission, and the Parks, and Recreation Commission shall be governed by the same rules contained in this policy with the following exception. The certified Claim for Expense Reimbursement form shall be reviewed and subject to the approval of the City Council Budget and Finance Committee. If a member of the Budget and Finance Committee submits a Claim for Expense Reimbursement, it shall be subject to the approval of the two most senior, by tenure, members of the City Council who are not members of the Budget and Finance Committee. 00040.` Resolution No. 98 -1509 Page 5 SECTION 4. POLICY 4 - REPORTS FROM APPOINTEES 1. Reports are required from appointees to the following: Area Agency on Aging Area Housing Authority Moorpark Mosquito Abatement District Ventura County Transportation Committee Air Pollution Control District Advisory Committee 2. A report shall be required for each scheduled meeting of the agency, authority, district, commission or committee and is due in written form to the City Council five (5) days following the meeting; In lieu of a written report, an oral report may be presented to the Council under the public comment portion of the next regularly scheduled City Council meeting after the meeting of the agency, authority, district, etc. 3. Where the City is represented by more than one person, the appointees shall coordinate and collaborate their efforts so only one report is presented to the Council. 4. If neither the appointee nor alternate is in attendance at a meeting of the agency, authority, district, etc., or if the meeting is canceled, that will be reported to the Council by the appointee(s) as prescribed above. SECTION 5. POLICY 5 - ADVERTISING AND APPOINTMENT POLICY FOR CITIZEN APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES 1. At the end of each calendar year, a list will be prepared and posted at the Community Center and Library of all citizen appointive positions and their expiring term of office as well as any requirements for the position. The list shall remain posted for the month of January. 2. Not later than one month prior to the expiring term of office of a citizen appointee, the City will post a notice of the expiring term and advertise in a newspaper of local distribution for interested persons in the appointive position. 0004,;3 Resolution No. 98 -1509 Page 6 3. Interested persons will be asked to submit a City Board, Commission, and Committee Application. 4. When an unscheduled vacancy occurs on the Planning Commission or Parks and Recreation Commission, notice will be posted in compliance with the Maddy Act requirements. 5. The City Clerk shall maintain a resource list of citizens who have expressed an interest in serving as appointees on advisory boards, commissions and committees and will have them complete an application. The annual assessment district mailer will include a request for persons interested in serving as a City Council appointee to contact the City Clerk. 6. A press release on every vacancy shall be prepared and sent to the Moorpark Star and all other papers of local distribution regarding an expiring or unscheduled vacancy. 7. The Moorpark Internet Home Page shall carry the yearly appointment list and a request for communication with the City Clerk in the event a citizen has an interest in being placed on the appointee resource list. 8. A notice regarding every vacancy shall be cablecast on the City's governmental and information channel (Channel 10) along with the request for communication with the City Clerk in the event a citizen has an interest in being placed on the appointee resource list. 9. As per Government Code Section 40605, the Mayor shall make all appointments to boards, commissions and committees. 10. The procedure for appointments shall be as follows: A. The Mayor shall solicit suggested nominees from members of the Council. B. The Mayor shall make a motion putting forth a single name to be approved for appointment. C. A second shall be required. D. The Council shall vote on each appointment individually. 000402.09 Resolution No. 98 -1509 Page 7 SECTION 6. POLICY 6 - CITY COUNCIL STANDING COMMITTEES 1. Standing Committees The Council Standing Committees shall be: Budget and Finance Affordable Housing /Community Development Economic Development Public Works, Facilities and Solid Waste Transportation and Streets Each committee shall consist of two Council members and a designated alternate. One member of the Budget and Finance Committee shall be the Mayor or Mayor Pro Tem. This does not preclude both the Mayor and Mayor Pro Tem from serving on this committee at the same time. The Budget and Finance Committee shall serve as the Mobilehome Hardship Review Panel, along with the mobilehome park owner, in compliance with Section 5.52.140.B of the Moorpark Municipal Code; however, if the Mayor is not a member of the Budget and Finance Committee, then the Mobilehome Hardship Review Panel shall consist of the Mayor and the Mayor Pro Tem along with the mobilehome park owner. 2. Committee Appointments With the approval of the majority of the members of the City Council, the Mayor shall make all appointments to Standing Committees of the City Council, including the designated alternate. The appointments shall be made at the first regularly scheduled meeting in January of each year. 3. Alternates to Committees To avoid potential Brown Act violations of having more than two City Councilmembers consider an item at the committee level, each City Councilmember should determine: a) pursuant to applicable provisions of the Political Reform Act, if a potential conflict of interest exists (consult with the City Attorney if necessary); b) although there is no conflict of interest. under the Political Reform Act, there is a desire to avoid an appearance of conflict; or c) if for other reasons a decision is made not to participate. If a Councilmember should so determine/ decide not to participate, then that City 0 004 0 Resolution No. 98 -1509 Page 8 Councilmember shall contact the designated alternate to serve in his /her place for that item. If the City Councilmember determines /decides not to continue participating after having been involved in Committee discussions of a specific item, he /she should contact the City Attorney to determine if the alternate can serve on the Committee for that item. If an alternate has a conflict or otherwise is not available, the Mayor shall serve or request another City Councilmember to serve. 4. Ad Hoc Committee Items shall be assigned to Standing Committees whenever possible. If not so assigned, at the Mayor's discretion, an Ad Hoc Committee shall be formed. Ad Hoc Committees are not generally subject to the provisions of the Brown Act unless composed of members other than less than a quorum of the legislative body. 5. Assigned Staff Budget and Finance - Assistant City Manager Affordable Housing /Community Development - Director of Community Development Economic Development - Assistant City Manager Public Works, Facilities and Solid Waste - Public Works Director Transportation and Streets - Public Works Director The City Manager may designate an alternate and /or substitute as determined necessary. 6. Meeting Schedule A regular meeting schedule for Standing Committees shall be approved by minute action of the City Council at the first regularly scheduled meeting in January each year. 7. Agenda and Reports out of Committee. The assigned staff person to a Council Committee will prepare an agenda for the Committee meetings. In addition, the staff person will provide action minutes to the full Council within seventy -two (72) hours of the Council Committee meeting showing the Committee's recommendation. 0004v:i Resolution No. 98 -1509 Page 9 Concurrence with the staff's recordation of Committee recommendation(s) to the full Council will be completed prior to the adjournment of the Committee meeting in order to accurately report to the full Council via the action minutes. Action minutes will not formally be approved by the Committee. 8. Committee Assignments The City Manager shall maintain a list of specific assignments for each Standing Committee. The list shall be distributed to the Mayor, City Council and City Staff each calendar quarter (January, April, July and October). 9. Items Referred to Committee Items may be referred to Committee from City Council approved objectives; by the Council at a Council meeting; by staff; or by an individual Councilmember. 10. Items Referred to the Full Council from Committee A consensus of the Committee is required to send an item back to the full Council. A consensus relative to a recommendation on the item need not have been reached. SECTION 7. POLICY 7 - PROCESS FOR PREPARATION OF INITIAL DRAFTS OF ORDINANCES BY CITY DEPARTMENTS (If the draft ordinance is initiated by the Planning Commission or Parks & Recreation Commission, the process may deviate from that outlined here.) 1. Step One - Staff confers with the City Attorney at a scheduled meeting after first determining if the City Manager wants to participate. Staff will bring any sample ordinance to the meeting. City Attorney to determine lead time (Step One to Step Six), except when the City Manager determines that staff priorities or Council direction require adjustment of the lead time, but generally a minimum of two weeks in most instances will be required -- possibly longer depending upon the length, complexity of the ordinance and quality of the sample ordinances. Agenda deadlines should be considered in 0 004? Resolution No. 98 -1509 Page 10 determining lead time. The meeting with the City Attorney shall be scheduled on the first Wednesday afternoon of the month by contacting the Executive Secretary. 2. Step Two - Staff confers with City Clerk for codification determination and section number confirmation. 3. Step Three - Staff drafts the ordinance for content and format and if necessary reviews with City Manager during the drafting process. 4. Step Four - City Manager reviews draft ordinance. S. Step Five - Modem draft ordinance to City Attorney. (Contact the City Attorney's office to determine what type of word processing file must be created to modem the file.) 6. Step Six - City Attorney reviews for content and form; makes changes in legislative format and returns draft ordinance, making comments if required. Management staff, to the Management Analyst and Associate Planner level, who are authorized by the Department Head, may seek input directly from the City Attorney. 7. Step Seven - Staff reviews changes made by City Attorney, if any, and discusses with City Attorney and City Manager as needed. Meeting with City Attorney to be scheduled on the first Wednesday afternoon of the month. 8. Step Eight - Recognize and reconcile differences. If differences cannot be reconciled, talk to the City Manager, if still unable to reconcile differences, write the staff report to recognize the points of disagreement. 9. Step Nine - If needed, schedule public hearing after City Attorney and City Manager have approved the draft ordinance. 000433 Resolution No. 98 -1509 Page 11 SECTION 8. POLICY 8 - TEMPORARY USE PERMIT FEE WAIVERS 1. Once each calendar year, a City of Moorpark organization having non - profit status may apply for and be granted a temporary use permit fee waiver for one event. 2. The Director of Community Development shall waive a Temporary Use Permit Fee pursuant to this Policy after an eligible organization has submitted: a) a completed temporary use permit application; b) a request for fee waiver; and c) proof of non - profit status. 3. Examples for which Temporary Use Permits are issued are special events such as Christmas tree sales, promotional parking lot sales, church carnivals, Country Days and sidewalk sales. 4. The Temporary Use Permit shall be issued for a single event of less than thirty (30) consecutive days in duration. SECTION 9. POLICY 9 - NON- PROFIT ORGANIZATIONS ANNUAL FACILITY RESERVATION POLICY 1. Once each calendar year, a City of Moorpark organization having a non - profit status, may reserve the Arroyo Vista Recreation Center OR the Moorpark Community Center to hold one (1) event with only direct staff costs being charged to that organization. 2. Those events which qualify shall be of a nature whereby the benefit of the event will serve the community and /or involve all those City residents who are interested in this event. Examples for which these procedures may apply include citywide events by Girl or Boy Scouts, service organization events, including fund - raising activities, and special events, such as Country Days, which have a direct benefit to City residents. 3. Regular organizational meetings or activities shall not qualify for this reduced fee. 4. Direct staff costs shall be defined as hourly staff costs, including all personnel benefit costs required for the event. 0®44 ;_1 Resolution No. 98 -1509 Page 12 S. The Director of Community Services shall waive the standard rental fees pursuant to these procedures after an eligible organization has submitted: a) a completed Facility Reservation Form; b) a request for fee waiver; and c) proof of non - profit status. 6. One -time events shall further be defined as an event for one day per calendar year, not to exceed twelve (12) hours. 7. City staff shall maintain a record of each organization's request for the one - time -event fee, and shall notify the organization if they have already used their one - time -event option within a calendar year. SECTION 10. POLICY 10 - GUIDELINES FOR THE USE OF THE CITY'S SOCIAL SERVICES ACCOUNT 1. Each Councilmember and the City Manager is authorized to expend funds as the need may arise and receive reimbursement for said expenditures from the City's Social Services Account up to an amount not to exceed $200 per occurrence when said individual has made this determination. 2. When said expenditure is made, the individual will cause the reimbursement request to be placed on the City Council's next regular meeting agenda for approval by the City Council. SECTION 11. POLICY 11 - REFUNDS FOR BUSINESS REGISTRATION The City will not issue refunds for business registration permits. SECTION 12. POLICY 12 - FLAG ETIQUETTE 1. The Flag of the United States of America and the Flag of the State of California will be displayed at each municipal facility which has an appropriate flagpole. 2. The National and State Flags are to be displayed daily from the start of the business day through the close of the business-day during the normal work week. Flags may be flown 24 hours per day if appropriately lighted. 0004 Resolution No. 98 -1509 Page 13 3. Flag etiquette allows the flag to be displayed during inclement weather provided it is made of all weather material (such as the flags the City uses). If it rains after raising of the flag, the flag will remain on the pole. If it is raining prior to raising the flag, the flag will not be raised; however, it may be raised later, weather permitting, and remain until close of the business day. 4. Flags will be flown at half -staff when ordered by the President or the Governor of the State as follows: President, Ex- President or President elect Vice President, the Chief Justice or retired Chief Justice of the United States or the Speaker of the House of Representatives Associate Justice of the Supreme Court; a Secretary of an executive or military department; a former Vice President; or Governor of a State, territory or possession. Member of Congress By order of the President 30 days 10 days Day of death to day of interment Day of death and day following Period to be prescribed By order of the Governor; Day of death to day at the death of any local of interment public safety officer killed in the line of duty. S. Flags will be flown at half -staff from the day of death to the day of interment for any currently seated Member of the City 0004433ti Resolution No. 98 -1509 Page 14 Council, Member of the City Council Elect or any previously seated Member of the City Council. 6. Flags will be flown at half -staff from the day of death to the day of interment for any currently serving City Manager or City Department Head. 7. Flags will be flown at half -staff from the day of death to the day of interment for any City employee killed in the line of duty. 8. When a flag is no longer fit for display, it will be destroyed in a dignified way such as by an American Legion Post at Flag Disposal Ceremonies on Flag Day (June 14) each year. 9. It is the responsibility of the Community Services Department or the service contractor of an offsite municipal building (such as City Engineering /Building & Safety) to display the National and State Flags at municipal facilities in accordance with the pamphlet "Our Flag" published by the Joint Committee on Printing United States Congress by authority of House Concurrent Resolution 361, 100th Congress (includes Title 36, Chapter 10 of the United States Code). 10. The City Manager or his designee is to determine at what location(s) flags are to be flown 24 hours and for ceremonial purposes. SECTION 13. POLICY 13 - CONFLICT OF INTEREST APPRAISAL 1. Conflict of Interest Appraisals shall be allowed as provided below: A. Two conflict of interest appraisals shall be allowed per year per Councilmember. B. One conflict of interest appraisal shall be allowed per year per Planning Commissioner. C. One conflict of interest appraisal shall be allowed per year'per for the City Manager. D. One conflict of interest appraisal shall be allowed per year for the Director of Community Development. 0004"`; Resolution No. 98 -1509 Page 15 2. The amount of funding for conflict of interest appraisals shall be a budgetary consideration determined during the budget process as the Council looks at actual projects that are likely to be considered during the following fiscal year. SECTION 14. POLICY 14 - SEXUAL HARASSMENT PURPOSE The purpose of this policy is to define City policy with regard to sexual harassment and to establish procedures to deal with sexual harassment in the work place. 1. Policy It is the policy of the City to promote and maintain a work environment which is free from sexual harassment. The City is committed to vigorously enforcing this policy. To this end, guidelines which include disciplinary action including termination, have been established to support this policy. 2. Procedure A. Definition of Sexual Harassment Unwelcome sexual advances (either verbal or physical), requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1. Submission to such conduct is either an explicit or implicit term or condition for or of employment (e.g., promotion, salary increase, transfer, etc.); or 2. An employment decision is based on an individual's acceptance or rejection of that conduct; or 3. The conduct has the purpose or effect of substantially interfering with an individual's work performance, or creating an intimidating, hostile or offensive work environment. 4. Examples of such conduct include but are not limited to: a. Unwanted sexual advances; 000423 Resolution No. 98 -1509 Page 16 b. Visual conduct including but not limited to: leering, making sexual gestures or movements, displaying of sexually suggestive objects or pictures, cartoons or posters; C. Verbal conduct including but not limited to: making or using derogatory comments, epithets, slurs, jokes, sexual advances or propositions; d. Verbal abuse of a sexual nature, graphic verbal commentaries about an individual's body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes, voice mail or E -mail messages, or invitations. e. Physical assaults of a sexual nature, such as, rape, sexual battery, molestation, or attempts to commit these assaults. f. Intentional physical conduct that is sexual in nature, such as, touching, pinching, patting, grabbing, brushing against another's body, or poking another's body. B. Management Responsibility Sexual harassment, whether committed by City supervisors or employees, is specially prohibited as being unlawful and against stated City policy. In addition, the City will not tolerate sexual harassment of City employees by non - employees, such as elected or appointed officials, volunteers, vendors or members of the public. C. Policy Implementation 1. It is the responsibility of Administrators, Department Managers, Supervisors and employees to make sure that their facility or facilities are in compliance with this Policy. All employees are accountable for compliance. 2. Employees who have complaints or who witness sexual harassment must report such conduct using the complaint procedure outlined in D. below. 3. It is the responsibility of the City's Personnel Director 0004u9 Resolution No. 98 -1509 Page 17 to provide guidance, investigate charges of impropriety and recommend appropriate action. All complaints must be investigated. The City Manager and City Attorney will provide guidance and assistance in proper handling of any allegations. D. Complaint Procedure Any employee who believes that the actions or words of a supervisor, co- worker, or non - employee such as elected or appointed official, volunteer, vendor or member of the public, constitute unlawful harassment, has a responsibility to act, report or complain as soon as possible, in accordance with the policy set forth below. The procedure identifies actions an employee may take and establishes the persons with whom an employee may appropriately report allegations of sexual harassment. 1. Any employee who believes he or she is being harassed should politely but firmly confront the harassing party and demand that the behavior or action cease immediately. If practical, the complaining employee should have a witness present for the discussion and should document the date, the content of the discussion and the harassing party's response and reaction. 2. The employee should report any instance of unlawful harassment to his /her supervisor or manager. 3. If the complaint involves a manager or supervisor, the employee can go directly to the Personnel Director. 4. If the complaint involves the Personnel Director, the complainant shall report the complaint directly to the City Manager. S. If the complaint involves the City Manager, the complainant shall report the complaint to the Personnel Director. 6. Investigation of the complaint will normally include conferring with the parties involved, apparent witnesses and the City Attorney. All involved employees shall be guaranteed an impartial and fair investigation. OV 4iiO Resolution No. 98 -1509 Page 18 7. If the investigation reveals that the complaint is valid, prompt attention and disciplinary action designed to stop the harassment immediately and to prevent its recurrence will be taken. E. Non - retaliation 1. The City recognizes that the question of whether a particular action or incident is a purely personal, social relationship without a discriminatory employment effect requires an impartial determination based on all facts in this matter. Any employee bringing a sexual harassment complaint or assisting in the investigation of such a complaint in good faith will not be adversely affected in terms and conditions of employment, nor discriminated against or discharged because of the complaint. 2. A record of a sexual harassment complaint brought in good faith will not be included in the employee's personnel file if the complaint is found to be unwarranted after conducting an investigation. If a complaint is found to be a malicious false accusation, the employee who brought forth the complaint will be subject to disciplinary action. SECTION 15. This Council Policies resolution shall be updated from time to time as needed but not less often than following each General Municipal Election beginning in 1998. The revised resolution will be presented to the City Council for review and adoption. SECTION 16. Resolution 98 -1454 is hereby rescinded. PASSED AND ADOPTED THIS 2"d day if $eptemb 1998. ck Hurft�r, Mayor ATTEST: Deborah S. Traffens edt, City Cle 0004:;. Resolution No. 98 -1509 Page 19 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 98 -1509 was adopted by the City Council of the City of Moorpark at a meeting held on the 2nd day of September, 1998, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Perez, Teasley, Wozniak and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 11th day of September, 1998. Deborah S TraffenstE (seal) 00044;, Ct , AITACHMEW 2- RESOLUTION NO. 99 -1613 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING REVISED RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES AND RESCINDING RESOLUTION NO. 98 -1495 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 determined that revisions to the Rules of Procedure are necessary; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Moorpark that revised Rules of Procedure for City Council Meetings and Related Functions and Activities are hereby adopted, to read as follows: SECTION 1. GENERAL PROVISIONS 1.1 Purpose: The purpose and intent of the City Council in adopting the within rules shall be to provide directory guidelines relating to the conduct of the public business by the Council. In the event of any noncompliance 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. 1.2 Procedures in Absence of Rules: 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. SECTTON 2. ORDER OF BUSINESS 2.1 Agenda: The Order of Business of each meeting shall be as contained in the Agenda prepared by the City Clerk. The Agenda shall be a listing by topic of the items of business which shall be transacted or discussed in the following order: 00044 -3 Resolution No. 99 -1613 Page 2 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Roll Call S. Proclamations and Commendations 6. Public Comments* 7. Reordering of, and Additions to, the Agenda (Items to be pulled from the Consent Calendar shall be identified under this section) 8. Announcements and Future Agenda Items 9. Public Hearings 10. Presentations /Action /Discussion Items 11. Consent Calendar 12. Ordinances 13. Closed Session (If none are scheduled to be held prior to the Agenda deadline, then Agenda shall so indicate.) 14. Adjournment 2.2 Roll Call Vote and Priority Notation on Agenda: Items, which require a roll call vote, shall be so noted on the agenda. Presentations /Action /Discussion items, which are judged by the City Manager to be of high priority, shall be indicated by an asterisk. * Following the Public Comments, the Council would recess to convene the Redevelopment Agency meeting. 000444 Resolution No. 99 -1613 Page 3 2.3 Special Meeting Agenda Format: The order of business of special meeting agendas shall be consistent with the order of business of regular meeting agendas, although the Invocation and Proclamations and Commendations may not be included. 2.4 Delivery of Agenda: Barring insurmountable difficulties, the Agenda shall be delivered ordinarily to Councilmembers each Friday 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 Council. 2.5 Call to Order: The meeting of the Council shall be called to order by the Mayor or, in his or her absence, by the Mayor Pro Tem who shall serve until the arrival of the Mayor. In the absence of both the Mayor and the Mayor Pro Tem, the meeting shall be called to order by the City Clerk. The City Clerk shall immediately call for the selection of a temporary Presiding Officer who shall serve until the arrival of the Mayor or Mayor Pro Tem or until adjournment. 2.6 Invocation: The invocation shall be offered by a local clergy member or "Silent Moment of Reflection" shall be listed on the agenda when no one is available to give the invocation. 2.7 Roll Call /Quorum: Before proceeding with the business of the Council, the City Clerk shall call the roll of the Councilmembers and the names of those present shall be entered in the minutes. The order of the initial roll call shall be alphabetical with the Mayor called last. Unless otherwise provided for by law, a majority of the Council shall constitute a quorum sufficient to do business. 2.8 Proclamations and Commendations: Proclamations and Commendations shall be limited to regular Council meetings. ®®044J Resolution No. 99 -1613 Page 4 2.9 Reordering of, and Additions to, the Agenda: Except with majority consent of the Councilmembers present and voting, items may not be taken out of order. At this time, Councilmembers, the City Manager, City Attorney or City Clerk may request that any item on the Consent Calendar be withdrawn from the consent agenda for separate consideration. Items withdrawn from the Consent Calendar shall be considered immediately after action on the Consent Calendar in the order that they were withdrawn. Any Councilmember, the City Manager, the City Attorney or the City Clerk may bring to the attention of the Council new items of business for discussion and action in the event of an emergency situation or when the need to take immediate action comes to the attention of the City subsequent to the posting of the agenda, as specified in Government Code Section 54954.2. A two - thirds vote of the Council, or, if less than two- thirds are present, a unanimous vote of those who are present, is required to add an item to the agenda. In addition to having the opportunity to reorder the agenda as order of business number 5, the Mayor shall suspend the item under discussion at 10:30 p.m. in order that the agenda may be reordered by majority vote of the Councilmembers present and voting. The City Clerk will notify the Mayor that the time for reordering the agenda has arrived. 2.10 Public Comments: Any member of the public may address the Council on any subject within the jurisdiction of the City Council which is not listed on the Agenda as a public hearing or Presentations/ Action /Discussion item. Speakers will be heard in the order that their speaker cards are received by the City Clerk prior to the Call to Order of the meeting. A limitation of three (3) minutes shall be imposed upon each speaker. Speaker cards must be presented in person by the person wishing to speak. The passing of time from one speaker to another or speaking in place of another speaker is not allowed. No speaker will be allowed to speak after all speaker cards are called. By majority vote of the Councilmembers 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. Councilmembers shall reserve their comments and responses until the end of the Public Comments period. 000446 c Resolution No. 99 -1613 Page 5 Speakers may be heard at greater length at the end of the agenda by majority vote of the Councilmembers present and voting. The City Clerk 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 Council. 2.11 Consent Calendar: Minutes of previous City Council 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 Councilmember may abstain from voting on any Consent Calendar item without requesting its withdrawal, and the City Clerk 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 may request that any item be for separate consideration. Calendar shall be considered Consent Calendar in the order any items previously withdraw 2.12 Public Hearings: Consent Calendar, any Councilmember withdrawn from the Consent Calendar Items withdrawn from the Consent immediately after action on the that they were withdrawn, including n under Section 2.8. 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 City Council. Public hearings shall be conducted in the following order: Staff review Questions of Staff by Council Hearing Opened by Mayor Testimony by Applicant 00 0 4 1 . "9 I Resolution No. 99 -1613 Page 6 Other Public Testimony Rebuttal by Applicant Questions by Council Hearing Closed by Mayor Discussion by Council Action by Council 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 Councilmembers 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. A limitation of five (5) minutes shall be imposed upon each speaker at the initial public hearing. Depending upon the extent of the Agenda and the number of persons desiring to speak on an item, the Mayor may at the beginning of a continued public hearing limit testimony, but in no event to less than three (3) minutes per individual. Speaker cards must be presented in person by the person wishing" to speak. The passing of time from one speaker to another or speaking in place of another speaker is not allowed. An applicant's initial presentation shall be limited to twenty (20) minutes, with consultant participation generally limited to answering specific Council questions. Subsequent presentations by an applicant shall be limited to ten (10) minutes. Quasijudicial hearings shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard of any modification of, or addition to, the conduct of the hearing set forth in this subsection. Written statement cards may be submitted in lieu of addressing the Council. The number of cards received in favor of, or in opposition to, a public hearing item under consideration will be verbally reported to the Council by the City Clerk along with a brief summary of specific concerns /comments listed on each card. The verbal report will be given following the last public speaker for the public hearing and prior to the rebuttal by the applicant. The names of those submitting written statement cards will be 00044 Resolution No. 99 -1613 Page 7 recorded in the minutes of the meeting and the written statement cards will become a part of the official record. 2.13 Presentations /Action /Discussion Items: Items that involve the establishment of City policy and items of a non - routine nature shall be placed under this topic. Presentations to the City Council by other public agencies or groups will be listed first under the Presentations /Action/ Discussion heading. Continued Presentations /Action /Discussion items will appear in the order they previously appeared, following presentations. Discussion /Action items shall be conducted in the following order: Staff Review Questions of Staff by Council Public Comment Discussion by Council Action by Council 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. Speakers will be heard in the order that their speaker cards are received by the City Clerk for the item during which the speaker wishes to address the Council. However, a proponent /applicant may be heard first during the public comment of a Presentations /Action /Discussion item, if so determined by the Mayor, but no rebuttal by the proponent /applicant shall be allowed. All speaker cards for all items must be received prior to the beginning of the first item of the Presentations/ Action/ Discussion portion of the agenda. A limitation of three (3) minutes shall be imposed upon each speaker. Speaker cards must be presented in person by the person wishing to speak. The passing of time from one speaker to another or speaking in place of another speaker is not allowed. No speaker will be allowed to speak after all speaker cards are called. At the beginning of the Presentations /Action /Discussion portion of the agenda, the Mayor will announce that all speaker cards for all items on the Presentations /Action /Discussion portion of the agenda must be received prior to the start of the first item taken under this section of the agenda. 00049 Resolution No. 99 -1613 Page 8 Written statement cards may be submitted in lieu of addressing the Council. The number of cards received in favor of or opposed to an item being considered will be verbally reported to the Council by the City Clerk following the last public speaker for an item. The names of those submitting written statement cards will be recorded in the minutes of the meeting. 2.14 Announcements /Future Agenda Items: Any Councilmember who has not previously requested during the meeting to have an item placed on a future agenda may do so under this topic. 2.15 Closed Session: A Closed Session to be held at the conclusion of a meeting shall begin no later than 11:30 p.m. If it is determined by the Mayor and City Manager that a Special meeting for Closed Session is required prior to a Regular meeting to help control the length of the Regular meeting, it shall begin at 5:45 p.m. unless less time is anticipated to be needed. 2.16 Adjournment: It is the policy of the City Council that upon reaching 11:30 p.m., the City Council will not address any new agenda items, with the exception of closed session items. Should the City Council continue to address an in- progress non - closed session agenda item past 12:00 midnight, the following motion is in orAer: Move that the City Council meeting tonight may extend beyond the 12:00 midnight deadline to conclude the item in progress. SECTION 3. PRESIDING OFFICER 3.1 Selection and Term: The Mayor shall be the Presiding Officer at all meetings of the Council, except as otherwise provided in Section 2.3. The office of Mayor is an elective office with a two -year term. In accordance with Government Code Section 36801, the Council shall meet on the Tuesday after certification of the results of each general municipal election (even numbered years) and shall also meet at the last regular meeting in November of each odd numbered year to choose one of its number as Mayor Pro Tem. Each selection shall be by three (3) or more affirmative votes, and a failure to achieve such total of affirmative votes shall be deemed ®0U4�So Resolution No. 99 -1613 Page 9 a selection of the incumbent to remain in office. Each person so selected shall serve until a successor is chosen (at any time) by three (3) or more affirmative votes. In the case of a vacancy in the office of the Mayor for any reason, said vacancy shall be filled in compliance with State law. 3.2 Participation of Presiding Officer: The Presiding Officer may move, second and debate from the chair, subject only to such limitations of debate as are imposed on all councilmembers. He or she shall be accorded all of the rights and privileges of a councilmember. 3.3 Maintenance of Order: 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 or her designee shall be ex- officio sergeant -at -arms of the Council. He or she shall carry out all orders and instructions given him or her by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. 3.4 Rulings Final Unless Overruled: 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 shall be binding and legally effective (even though clearly erroneous) for purposes of the item under consideration, unless overridden by a majority vote of the Councilmembers present and voting. Any Councilmember may seek to have the Presiding Officer's decision overridden by moving the question "Shall the decision of the Presiding Officer be sustained ?" SECTION 4. CONDUCT OF COUNCILMEMBERS 4.1 Decorum and Order: (a) Any Councilmember desiring to speak shall address the chair and, upon recognition by the Presiding Officer, shall confine himself or herself to the item under debate. (b) A Councilmember desiring to question the staff shall address his or her question to the City Manager, City Attorney or Department head, as appropriate, who shall be entitled either to answer the inquiry or to designate some member of his or her staff for that purpose. 0004:,'x. Resolution No. 99 -1613 Page 10 (c) A Councilmember, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer, a point of order is raised by another Councilmember pursuant to Section 3.4 or the speaker chooses to yield to questions from another Councilmember. (d) Any Coi speaking shall cease order is determined. permitted to proceed. silent or shall alter rules. zncilmember called to order while he or she is speaking immediately until the question of If ruled to be in order he or she shall be If ruled out of order he or she shall remain his or her remarks so as to comply with the (e) Councilmember shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the Council. 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 Councilmember to address the Council on a question of personal privilege shall be limited to cases in which his or her integrity, character, or motives are assailed, questioned or impugned. (g) Any Councilmember may move to require the Presiding Officer to enforce the rules. The affirmative vote of a majority of the Council present and voting shall require the Presiding Officer to so act. 4.2 Limitation of Debate: A Councilmember 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 five (5) minutes each time he or she has the floor, without the approval of a majority vote of the Council present and voting. 4.3 Dissents and Protests: Any Councilmember shall have the right to express dissent from, or protest to, any action of the Council 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. . ." 00045,? Resolution No. 99 -1613 Page 11 4.4 Conflict of Interest: Any Councilmember prevented from voting on an item because of a conflict of interest shall refrain from the discussion and vote. Once a Councilmember determines that he or she has a financial interest in a decision under the Political Reform Act of 1974, necessitating disqualification, he or she must publicly announce the economic interest which is the subject of the potential conflict of interest, and the fact that he or she is disqualifying himself or herself from any participation in the decision. Such member should leave the Council dais immediately after announcing the conflict. SECTION 5. CONDUCT OF EMPLOYEES 5.1 Decorum and Order: (a) Members of the staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. (b) The City Manager 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 Council or members of the public shall first be recognized by the chair. All remarks shall be addressed to the chair and not to any one individual Councilmember or member of the public. '' SECTION 6. CONDUCT OF THE PUBLIC 6.1 Decorum and Order: (a) Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council pursuant to Section 4.1. (b) Willful 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 willfully disruptive while addressing the Council or while attending the Council 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. 00045-3 Resolution No. 99 -1613 Page 12 6.2 Manner of Addressing the Council: No person shall address the Council without being recognized by the Presiding Officer. Any member of the public desiring to address the Council shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, the speaker shall state his or her name and address for the record. All remarks and questions shall be addressed to the chair and not to any individual Councilmember, staff member or other person. 6.3 Limitations on Addressing the Council: The making of oral communications to the Council 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 Council under "Public Comments" on a public hearing item which is on the agenda or which is not on the Agenda but which has been scheduled or is under submission for a public hearing before the Council. (b) No speaker shall be permitted to address the Council under "Public Comments" on a Presentations/ Action /Discussion item, which is on the agenda. (c) No speaker shall be permitted to address the Council on an item which is currently before or is under submission for consideration by a City commission, board, committee or officer before which the speaker should make his or her 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 Council outside that procedure. (d) The Chair or other member of the City's Planning Commission and Park and Recreation Commission may submit written comments or verbally address the Council on any item for which that body has completed its deliberations and taken its final action, for the purpose of explaining the Commission's recommendation. The speaker shall be governed by the provisions of Sections 2.10, 2.12, 2.13, 6.1, 6.2, and 6.3. Written comments from Commissioners shall be governed by the provisions of Section 10.3. (e) 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 0004,`1 U Resolution No. 99 -1613 Page 13 employee shall be submitted to the City Manager for appropriate action, and may also be submitted to members of the Council by written communication. (f) 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. 6.4 Video or Audiotape, Slide or Similar Presentation: Video or audiotape, slide or similar presentation will be disallowed unless relative to an item on the agenda. The audio or videotape, slide or similar presentation must be made by the person or agency making the presentation. The Council may limit the total amount of time allocated for presentations on particular issues and for each speaker. The same limitations that govern speakers under Sections 2.7, 2.9 and 2.10 shall apply. Presentations shall be limited to the subject matter jurisdiction of the Council. Those items not germane to the agenda will be disallowed. SECTION 7. MOTIONS 7.1 Processing of Motions: 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 City Clerk before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 7.2 Division of Motion: If the motion contains two or more divisible propositions, the Presiding Officer may, and upon request of any Councilmember shall, divide the same, unless a majority of the Councilmembers present and voting votes not to do so. 7.3 Precedence of Motions: When a motion is before the Council, 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 00045- ; - '. '. if...A4lV<A+_:. -� I� y.�f�i 4f F.e _ .. .. •t.�..Sk,: -'. - .'f' . -� Resolution No. 99 -1613 Page 14 discussion, to call the question and to suspend the rules require a two - thirds vote; all other motions require only a majority vote: Not Debatable: 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) lnahat-ahI a. 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 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. 7.4 Motion to Fix Hour of Adjournment: I Such a motion shall be to set a definite time at which to adjourn and may be amended by unanimous vote. 7.5 Motion to Adjourn: 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 Councilmember while speaking; (c) When discussion has been ended and a vote on the motion is pending; or (d) While a vote is being taken. 0004%# . k Resolution No. 99 -1613 Page 15 A'motion to adjourn "to another time" shall be debatable, but only as to the time to which the meeting is adjourned. 7.6 Motion to Table: 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. 7.7 Motion to Limit Discussion: Such a motion shall be used to limit the time allowed each Councilmember to speak to, or to appoint a time at which discussion shall close on, the question of the main 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. 7.8 Motion to Call the Question: 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. 7.9 Motion to Suspend the Rules: 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. 7.10 Motion to Postpone to a Certain Time: Such a motion shall be amendable and debatable only as to propriety of postponement and time set. 7.11 Motion to Amend: 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 00045V J Resolution No. 99 -1613 Page 16 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. 7.12 Motion Reconsideration: Any Councilmember who voted with the majority may move a reconsideration of any vote at the same meeting or request an agenda item on the next regular meeting or request a special meeting called to be held prior to the next regular meeting to consider reconsideration of any vote.' The agenda item shall appear on Presentation /Action /Discussion as a two -part item, e.g., Consider Reconsideration of Reconsideration of vote on After a motion for reconsideration has once been acted upon, no other motion for a reconsideration thereof shall be made without unanimous consent of the Council. SECTION 8. VOTING 8.1 Restatement of the Motion: Upon the request of any Councilmember, the Presiding Officer shall verbally restate each motion immediately prior to calling for the vote. 8.2 Votina 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 Councilmember 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, in rotating alphabetical order, the remaining members seated, for each item on the agenda requiring a roll call vote. The Clerk 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 Councilmember not audibly and clearly responding 'no' or 'abstain' or otherwise registering an objection shall have his or her 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 0004 5 3 i Resolution No. 99 -1613 Page 17 benefit of the audience before proceeding to the next item of business. Any member may change his or her vote before the next item of business is called. 8.3 Roll Call Votin The following matters require three (3) affirmative votes: a) adoption of ordinances, b) resolutions granting franchises and c) resolutions and orders for payment of. money or appropriation of funds; a roll call vote shall be used for these items. A roll call vote shall not be used for any other item before the Council unless demanded by any Councilmember. It shall not be in order for members to explain their vote during roll call. 8.4 Failure to Vote: Every Councilmember should vote unless disqualified for cause. A Councilmember who abstains from voting on an item because of being disqualified shall be considered as if absent. 8.5 Tie Votes: When no Councilmember 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. When all Councilmembers are present, a tie vote on whether to grant an appeal from official action or on a quasi - judicial matter shall be considered a denial of such appeal or matter, unless the Council takes other action to further consider the appeal or matter. If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. SECTION 9. ORDINANCES AND RESOLUTIONS 9.1 Definition: The legislative acts of the Council (rules of public conduct for long -term application) are taken by ordinance. Routine business and administrative matters (usually more temporary and transitory in nature) are accomplished by "resolution," "minute order" or "motion" (thereafter recorded by minute entry). Technically, all three are equally as legally (1004%59 JP Resolution No. 99 -1613 Page 18 effective and binding; they just vary in the formality of respective memorialization. The most formal is referred to as a "resolution," which will be recorded by a separate document, numbered in sequence and preserved in a separate set of books, in addition to being referenced in the minutes. Such "resolutions" are used for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document. The "motion" or "minute order" is a Council action which is recorded simply by an item entry In.the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. The City Clerk is empowered by State law to furnish certified excerpts of the minutes in order to facilitate the administrative process to which a particular action pertains. 9.2 When Prepared in Advance: All ordinances shall be read in full either at the time of introduction or passage, unless, after reading the title, further reading is waived by a majority vote of the Councilmembers present and voting. When a resolution has been prepared in advance, it need not be read in full or by title, except to identify it. A majority vote of the Councilmembers present and voting will require that the resolution be read in full. 9.3 When Not Prepared in Advance: '' When an ordinance or resolution has not been prepared in advance, the Council, by majority vote of the members present and voting, shall instruct the City Manager or the City Attorney to prepare it for presentation at a specified later time in the same meeting or at a future Council meeting. 9.4 Urgency Resolutions: A resolution may be presented verbally in motion form, together with instructions for written preparation for later execution, in an emergency situation or when the need to take immediate action came to the attention of the City subsequent to the posting of the agenda, as specified in Government Code Section 54954.2. A two - thirds vote of the Council, or, if less than two - thirds are present, a unanimous vote of those who are present, is required to add a resolution to the agenda. Such resolutions shall not be presented when resolutions are required by law, in improvement acts, zoning matters, or force account work on public projects. 000460 Resolution No. 99 -1613 Page 19 SECTION 10. WRITTEN COMMUNICATIONS 10.1 Addressed to Council as a Whole: The City Manager or designee is authorized to receive and open all written communications addressed to the Council as a whole and give it immediate attention to the end that all administrative business referred to in said communications, and not necessarily requiring Council action, may be ,disposed of between Council meetings. The City Manager shall- cause a copy of such communication to be sent to each Councilmember. 10.2 All Other Written Communications: Any written communication received at City Hall addressed to the Mayor and /or an individual Councilmember shall be opened by the City Manager or his or her designee and a copy of such communication shall be provided to each of the other members. Any Councilmember who receives any written communication on any subject related to the business of the City, whether or not received at City Hall, shall cause a copy to be provided to the City Clerk who shall cause a copy of such communication to be sent to each of the other members. All outgoing Councilmember correspondence will be copied to the Council reading file unless the Council is listed as a carbon copy, in which case each Councilmember will be provided an individual copy. Any Councilmember who generates any written communication related to the business of the City, other than at City Hall, shall cause a copy to be provided to the City Clerk for distribution. Letters produced by City staff for Councilmembers will be created on official City letterhead, only. 10.3 Agenda Item Communications: Any such communication, which relates to an item pending or to be brought before the Council shall be included in the agenda packet for the meeting at which such item is to be considered. If a Councilmember generates an agenda item, the Councilmember will prepare a brief, written explanation including action/ recommendation to the full Council. All agenda staff reports will be provided to the full Council with the distribution of the agenda. Regardless of the source, it will take a four - fifth's majority vote of the Council to accept additional agenda material on the day of the Council meeting at which the item is to be considered. 000401 i Resolution No. 99 -1613 Page 20 All materials distributed by any person during meeting related to the subject matter being discussed or will be made available for public inspection at the prepared by City staff or a member of the Council, or meeting, if the materials were prepared by some other accordance with Section 54957.5 (b) of the Brown Act. a public considered meeting if after the person in Written communication for a non - public hearing agenda item presented at the meeting for reading will be acknowledged by the Mayor but not read. The Mayor will note general content, and whether the content of the communication is in opposition or support of an agenda item. Written communication relative to a public hearing item, if presented prior to the close of the business day, will be copied for the Council, applicant, and the public agenda binder. The public shall tender a written request to the City Manager and /or the Mayor regarding the placement on the agenda of any items. The City Manager and Mayor will then discuss and determine the appropriateness of the requested item being placed on a future agenda. Letters of appeal from administrative or commission decisions shall be processed under applicable provisions of the Municipal Code or other ordinance. 10.4 Research: 11 Any research requested by an individual Councilmember that results in a written response from staff will be copied to all Councilmembers. This is not meant to include copies of documents on file. SECTION 11. COUNCIL MEETINGS 11.1 Meeting Time and Schedule: The regular meetings of the City Council shall begin at the hour of 6:30 p.m. on the first and third Wednesday of each month. In addition to regularly scheduled meetings as set forth in Section 2.04.010 of the Municipal Code, an adjourned meeting will be held on the second Wednesday of the month as needed. The fourth Wednesday will only be scheduled when required for meetings with special purposes or for a study session on a complex issue as determined by the Mayor and the City Manager. 0 0044 I Resolution No. 99 -1613 Page 21 SECTION 12. ANNUAL REVIEW The City Clerk will annually review the Rules of Procedure with the Mayor and City Manager. SECTION 13. This resolution shall become effective and Resolution No. 98 -1495 is hereby rescinded, upon the effective date of Ordinance No. 255, amending Section 2.04.010 of the Municipal Code and allowing the time of the regular meetings of the City Council to be set by resolution of the City Council. SECTION 14. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified Resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 19th day of May, 1999. atrick Hunter, Mayor ATTEST: G. Deborah S. Traffenstedt, City Clerk Is 0004E :a i Resolution No. 99 -1613 Page 22 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 99 -1613 was adopted by the City Council of the City of Moorpark at a meeting held on the 19th day of May, 1999, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said ,City this 24th day of May, 1999. Deborah S. Traffenstedt, City Clerk- (seal) 0004Ei