HomeMy WebLinkAboutAGENDA REPORT 2019 0116 REG CCSA ITEM 09D
Item: 9.D.
D. Consider Meeting Time for Regular City Council/Successor Agency to the
Redevelopment Agency of the City of Moorpark Meetings. Staff
Recommendation: Direct staff to set the meeting time of choice by ordinance to
return at a future meeting for introduction.
CITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 1.16.2019
ACTION Approved staff
recommendation and set
meeting time for 6:30 p.m.
BY M. Benson
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Maureen Benson, City Clerk
DATE: 1/16/2019 Regular Meeting
SUBJECT: Consider Meeting Time for Regular City Council/Successor Agency to the
Redevelopment Agency of the City of Moorpark Meetings
BACKGROUND
A 7:00 p.m. start time for City Council meetings was established in 1983 by Resolution No.
83-61 and subsequently added to the Moorpark Municipal Code (MMC) by Ordinance No.
085 in 1986. In 1999 the MMC was amended by Ordinance No. 255 to set the start time for
City Council meetings by resolution and Resolution No. 99-1613 was adopted setting the
start time for 6:30 p.m. Resolution No. 2003-2102 changed the start time back to 7:00 p.m.
and in 2016 the Council approved Resolution No. 2016-3494 establishing the current start
time we follow today of 6:30 p.m.
At the December 5, 2018, regular City Council/Successor Agency to the Redevelopment
Agency of the City of Moorpark (Successor Agency) meeting, Councilmember Mikos
requested a future agenda item to discuss changing the start time for regular City
Council/Successor Agency meetings to be either 6:45 p.m. or 7:00 p.m. Section 2.04.040 of
the Moorpark Municipal Code permits the meeting time to be set by resolution of the City
Council. The City Council’s Rules of Procedure, Resolution No. 2017-3618 includes the
current meeting time in Section 11.1.
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 typically 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 or by vote of the City Council.
Item: 9.D.
396
Honorable City Council
January 16, 2019, Regular Meeting
Page 2
The Successor Agency Bylaws Resolution No. SA-2016-14 includes the current
meeting time in Article III in Section 2.
ARTICLE III – MEETINGS
2. Meeting Time and Place. The regular meeting for the Successor
Agency shall be held the first and third Wednesday of each month at 6:30 p.m. at
the Moorpark Community Center located at 799 Moorpark Avenue, unless
otherwise posted by the Secretary of the Successor Agency.
DISCUSSION
The Council’s discussion should include consideration of possibly changing the start times for
the Administration, Finance, and Public Safety Committee (Parvin/Simons), which meets at
5:45 p.m. on the first Wednesday of each month and the Community and Economic
Development Committee (Mikos/Pollock), which meets on the third Wednesday of each
month at 5:45 p.m.
Staff would need to advertise any meeting time change on the City’s website and government
channel; and to make certain that any effective date of a changed meeting time does not
impact any public hearing item for which a notice has already been published and/or
distributed. If the meeting schedule is revised, staff would present a revised City Council
Rules and Procedures resolution and a revised Successor Agency bylaws resolution at a
subsequent meeting.
The City Manager does not recommend a change from the current 6:30 p.m. start time,
because changing meetings times presents inconsistencies for the public which has become
accustomed to the current time. Also, there are staff implications with changing the start time
which as currently scheduled provide sufficient time for preparation and presentation as there
is a 90-minute window between the end of the business day and the start of the council
meeting and currently provides sufficient time for City Council committee meetings to occur
prior to City Council meetings.
Ultimately, the decision on when to start City Council meetings rests with the City Council.
Different Council members have varying commitments outside of Council meetings that
require their participation. Some demands are in support of official City business while others
are related to their personal or professional endeavors. The current construct of meeting
times being adopted by resolution provide flexibility for each council to discuss meeting times
based on the needs of the City Councilmembers. However, not having a relied upon,
consistent time established for City Council meetings causes confusion for the public and can
be disruptive to the organization. Consistency can be established by setting the meeting time
by ordinance, to create predictability for the meeting time and to mitigate the impacts of
potentially changing the time in the future. Adoption of an ordinance would not bind a future
397
Honorable City Council
January 16, 2019, Regular Meeting
Page 3
City Council’s ability to change meeting times, but would further codify the City’s commitment
to its stated City Council meeting time.
FISCAL IMPACT
There is no fiscal impact.
STAFF RECOMMENDATION
Direct staff to set the meeting time of choice by ordinance to return at a future meeting for
introduction.
Attachments: 1-Resolution No. 83-61
2-Ordinance No. 085
3-Ordinance No. 255
4-Resolution No. 99-1613
5-Resolution No. 2003-2102
6-Resolution No. 2016-3494
398
RESOLUTION NO. 83- 61
RESOLUTION OF THE CITY COUNCIL OF
MOORPARK, ADOPTING RULES OF
PROCEDURE FOR COUNCIL MEETINGS
AND RELATED FUNCTIONS AND ACTIVITIES
WHEREAS Section 2.04.040 of the 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 regulations pertaining thereto,
NOW THEREFORE, BE IT RESOLVED by the City Council
of the City of Moorpark that Rules of Procedure for City
Council meetings and related functions and activities are
hereby adopted, to read as follows:
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 or on behalf of the City
Council, and in the event of any noncom-
pliance with or violation of any provision
herein, such will not be deemed to
affect the validity of any action taken,
unless otherwise specifically provided
by law.
Section 1. MEETINGS
1.1 REGULAR MEETINGS:
The City Council of the City of Moorpark
shall hold regular meetings in the place specified
in the Municipal Code, on the first and third
Wednesdays of each month at 7:00 P.M. When the
day for a regular meeting of the Council falls on
a legal holiday, no meeting shall be held on such
holiday, but a regular meeting shall be held
at the same hour on the next succeeding day
thereafter that is not a holiday.
1.2 ADJOURNED MEETINGS:
Any meeting may be adjourned to a time,
place, and date .certain, but not beyond the next
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regular meeting. Once adjourned, the meeting may
not be reconvened.
1.3 SPECIAL MEETINGS:
Special Meetings may be called by the Mayor
or majority of Councilmembers on 24 -hour notice,
as set forth in Section 54956 of the Government
Code of the State of California. Only matters
contained in the notice may be considered and no
ordinances (other than urgency ordinances) may be
adopted.
1.4 STUDY SESSIONS:
Members of the Council may meet in a regular
Study Session at its regular meeting place on the
second Wednesday of each month at 7:00 P.M.
1.5 NOTICE OF MEETINGS:
Notice of regular meetings or regular study
sessions is not required. Mailed or personally
delivered notice is required of special meetings.
Mailed and posted notice is required of meetings
adjourned by the city clerk. Posted notice is
required of all other adjourned meetings. (Section
54955 Government Code)
1.6 QUORUM:
Unless otherwise provided for in the Municipal
Code, a majority of the Council shall be sufficient
to do business and motions may be passed 2 -1 if
only 3 attend. The following matters, however,
require three affirmative votes: a) adoption of
ordinances, b) resolutions granting franchises,
and c) orders for payment of money.
1.6.1 Legally Required Participation:
If a majority of the Council shall be dis-
qualified to vote on a matter by reason of actual
or apparent conflict of interest, the Council
shall select by lot or other means of random
selection, or by such other impartial and equitable
means as the Council shall determine, that number
of its disqualified members which, when added
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to the members eligible to vote, shall constitute
a quorum.
1.7 MEETINGS TO BE PUBLIC:
Study Sessions and all regular, adjourned or
special meetings of the City Council shall be open
to the public, provided, however, the Council may
hold executive sessions from which the public may
be excluded for the consideration of the following
subjects:
1.7.1 Personnel Matters:
To consider appointment, employment, or
dismissal of a public employee or to hear complaints
or charges brought against such person or employee
by another employee unless such employee requests
a public hearing. The Council may exclude from
any such executive session during the examina-
tion of a witness any or all other'witnesses in
the matter being investigated.
1.7.2 Attorney - Client Matters:
To consider possible or pending litigation in
which the City is or could be a party.
1.8 EXECUTIVE SESSION MINUTES:
Pursuant to Section 54957.2 of the California
Government Code, the city clerk of the City of
Moorpark may be required to attend an executive
session of the City Council and keep and enter in
a minute book a record of topics discussed and
decisions made at each meeting. The confiden-
tiality of such minutes shall be maintained
pursuant to said section of the Government Code.
Section 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 subjects which shall be taken up for consi-
deration in the following order:
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Call to Order
Flag Salute
Roll Call
Approval of Minutes
Public Comment
Hearings
Written Communications
Comment by Councilmembers
Consent Calendar
Business Session
Future Agenda Items
Adjournment
Except with majority consent of the Council, items
may not be taken out of order.
No matters other than those on the agenda
shall be finally acted upon by the Council;
provided, however, that matters not on the agenda
but deemed to be emergencies or of an urgent
nature by any Council member, the city manager,
or the city attorney, or such other matters which
shall have been discussed at the preceding study
session, may be submitted for Council consideration
and action.
2.2 DELIVERY OF AGENDA:
Barring insurmountable difficulties, the
Agenda shall ordinarily be delivered to Council -
members each Friday preceeding the Wednesday
meeting to which it pertains.
The Agenda shall also be available to the
general public at the time it is delivered to the
City Council.
2.3 ROLL CALL:
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
roll call shall be alphabetical with the Mayor
called last.
2.4 APPROVAL OF MINUTES:
Unless requested by a majority of the City
Council, minutes of the previous meeting may be
approved without public reading if the clerk has
previously furnished each Councilmember with a
copy thereof.
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2.5 PUBLIC HEARINGS:
Generally, public hearings, other than those
of a quasi - judicial nature, shall be conducted in
the following order:
Staff review
Questions of Staff by Council
Hearing opened by Mayor
If desired, hearing closed
Questions by Council
Discussion by Council
Action by Council
Questions or comments from the public shall be
limited to the subject under consideration.
Depending upon the extent of the agenda, and the
number of persons desiring to speak on an issue,
the Mayor may, at the beginning of the hearing,
limit testimony, but in no event to less than
3 minutes per individual. Any person may speak
for a longer period of time, upon approval of the
City Council, when this is deemed necessary in
such cases as when a person is speaking as a
representative of a group or has graphic or slide
presentations requiring more time.
Quasi - judicial hearings shall be conducted in
accordance with the principles of due process, and
the city attorney shall advise the City Council in
this regard.
2.6 PUBLIC COMMENTS:
Any person may address the Council of any
subject pertaining to City business, whether
listed on the agenda or not, during the Public
Comments portion of the meeting. A limitation of
3 minutes shall be imposed upon each person
so desiring to address the Council during the
first Public Comments designation on the agenda.
Members of the public may speak at greater length
at the end of the agenda. (See 5.2)
2.7 CONSENT AGENDA:
Items of routine nature, and non - controversial,
shall be placed on the consent agenda. All items
may be approved by one blanket motion upon unani-
mous consent. Prior to, or following review of,
the consent agenda by the city manager, any
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Councilmember may request that any item be with-
drawn from the consent agenda for separate consi-
deration. However, any Councilmember may abstain
from voting on any consent agenda item without
requesting its removal from the consent agenda,
and the city clerk shall be instructed to record
such abstentions in the minutes.
2.8 PRESENTATION BY MEMBERS OF THE COUNCIL:
The Mayor or any Councilmember may bring
before the Council any new business under the
Report and Requests portion of the Agenda. These
matters need not be specifically listed on the
Agenda, but formal action on such matters shall be
deferred until a subsequent Council meeting unless
deemed to be of an urgent nature or unless
discussed at the study session preceding such
Council meeting.
Section 3. PRESIDING OFFICER
3.1 PRESIDING OFFICER:
The Mayor shall be the Presiding Officer at
all meetings of the Council. In the absence of
the Mayor, the Mayor pro tem shall preside. In
the absence of both the Mayor and the Mayor pro
tem, the Council shall elect a temporary presiding
officer to serve until the arrival of the Mayor of
Mayor pro tem or until adjournment.
In accordance with Government Code Section
36801, the Council shall meet on the Tuesday after
each general municipal election and choose one of
its number as mayor and one as mayor pro tem.
Each selection shall be by three or more affir-
mative votes, and a failure to achieve such total
of affirmative votes, shall be deemed a selec-
tion of the incumbent(s) to remain in office.
Each person so selected shall serve until a
successor is chosen (at any time) by three or more
affirmative votes, provided, that at the first
regular meeting in November of each odd numbered
year, the office of mayor and mayor pro tem.
shall automatically be reconsidered by the Council.
3.2 CALL TO ORDER:
The meeting of the Council shall be called to
order by the Mayor or, in his or her absence, by the
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Mayor pro tem. In the absence of both the Mayor
and the Mayor pro tem., the meeting shall be
called to order by the City Clerk, whereupon the
City Clerk shall immediately call for the selection
of a temporary Presiding Officer.
3. 3 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, and he shall not be deprived of
any of the rights and privileges of a Councilmember
by reason of his acting as Presiding Officer.
However, the Presiding Officer is primarily
responsible for the conduct of the meeting. If he
desires to personally engage in extended debate on
questions before the Council, he should consider
turning the Chair over to another member.
3.4 QUESTION TO BE STATED:
The Presiding Officer shall verbally restate
each question immediately prior to calling for the
vote. Following the vote the Presiding Officer
shall verbally announce whether the question
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.
3. 5 SIGNING OF DOCUMENTS:
The Mayor, or Mayor pro tem., in the absence
of the Mayor, shall sign ordinances adopted by the
City Council. The City Clerk, or Deputy City
Clerk, shall attest to the signature of the Mayor
or Mayor pro tem.
3.6 MAINTENANCE OF ORDER:
The Mayor or Presiding Officer is responsible
for the maintenance of order and decorum at all
times. No person is allowed to speak who has not
first been recognized by the Chair. All questions
and remarks shall be addressed to the Chair.
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Section 4. RULES, DECORUM, AND ORDER
4.1 POINTS OF ORDER:
The Presiding Officer shall determine all
Points of Order subject to the right of any member
to appeal to the Council. If any appeal is taken,
the question shall be, "Shall the decision of the
Presiding Officer be sustained ?" in which event a
majority vote shall govern and conclusively
determine such question of order.
4.2 DECORUM AND ORDER - COUNCILMEMBERS:
a) Any Councilmember desiring to
speak shall address the Chair and, upon
recognition by the Presiding Officer, shall
confine himself to the question under debate.
b) A Councilmember desiring to question
the staff shall address his question to the
city manager or city attorney, in appropriate
cases, who shall be entitled either to answer
the inquiry himself or to designate some
member-of his staff for that purpose.
c) A Councilmember, once recognized,
shall not be interrupted while speaking
unless called to order by the Presiding
Officer; unless a Point of Order is raised
by another Councilmember; or unless the
speaker chooses to yield to questions
from another Councilmember.
d) Any Councilmember 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'to
be not in order, he shall remain silent or
shall alter his remarks so as to comply with
rules of the Council.
e) Councilmembers shall accord the
utmost courtesy to each other, to city
employees, and to the public appearing before
the Council and shall refrain at all times
from rude and derogatory remarks, reflections
as to integrity, abusive comments and state-
ments as to motives and personalities.
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f) Any Councilmember may move to
require the Presiding Officer to enforce the
rules and the affirmative vote of a majority
of the Council shall require him to so act.
4.3 DECORUM AND ORDER - EMPLOYEES:
Members of the administrative staff and
employees of the City shall observe the same rules
of procedure and decorum applicable to members of
the Council. The city manager shall insure that
all City employees observe such decorum. Any
staff members, 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.
4.4 DECORUM AND ORDER - PUBLIC:
Members of the public attending Council
meetings shall observe the same rules of order and
decorum applicable to the Council. Any person
making impertinent and slanderous remarks or who
becomes boisterous while addressing the Council or
while attending the Council meeting shall be
removed from the room if the sergeant -of -arms
is so directed by the Presiding Officer, and such
person may be barred from further audience before
the Council. Unauthorized remarks from the audience,
stamping of feet, whistles, yells and similar
demonstratons shall not be permitted by the
Presiding Officer, who may direct the sergeant -of-
arms to remove such offenders from the room.
Aggravated cases shall be prosecuted on appropriate
complaint signed by the Presiding Officer.
4.5 ENFORCEMENT OF DECORUM:
The head of the City's police agency or his
designee shall be ex- officio sergeant -of -arms of
the Council. He shall carry out all orders and
instructions given him by the Presiding Officer
for the purpose of maintaining order and decorum
in the Council Chambers. Upon instructions from
the Presiding Officer, it shall be the duty
of the sergeant -of -arms or his representative to
eject any person from the Council Chambers or
place him under arrest or both.
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As set forth in Government Code Section
54957.9, in the event that any meeting is willfully
interrupted by a group or groups of persons so as
to render the orderly conduct of such meeting
unfeasible and order cannot be restored by the
removal of individuals who are willfully inter-
rupting the meeting, the members of the Council
may order the meeting room cleared and continue in
session. Only matters appearing on the agenda may
be considered in such a session. Duly accredited
representatives of the press or other news media,
except those participating in the disturbance,
shall be allowed to attend any session held
pursuant to this section. Nothing in this section
shall prohibit the Council from establishing a
procedure for readmitting an individual or indi-
viduals not responsible for willfully disturbing
the orderly conduct of the meeting.
4. 6 PERSONAL PRIVILEGE:
The right of a member to address the Council
on a question of personal privilege shall be
limited to cases in which his integrity, character,
or motives are assailed, questioned or impugned.
4.7 CONFLICT OF INTEREST:
All Councilmembers are subject to the provi-
sions of California Law, such as Chapter 7, Title
9, of the California Government Code, relative to
conflicts of interest, and to conflicts of interest
codes adopted by the Council. Any Councilmember
prevented from voting because of a conflict of
interest shall refrain from debate and voting.
Such Councilmember may choose to leave the Council
Chambers during debate and voting on the issue.
4.8 LIMITATION OF DEBATE:
No Councilmember normally should speak more
than once upon any one subject until every other
member choosing to speak thereon has spoken. No
member shall speak for a longer time than five
minutes each time he has the floor, without the
approval of a majority vote of the Council.
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4. 9 DISSENTS AND PROTESTS:
Any member shall have the right to express
dissent from or protest to any action of the
Council and 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..."
4.10 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.
4.11 RULINGS OF CHAIR FINAL UNLESS OVERRULED:
In presiding over Council meetings, the
Mayor, Mayor pro tem, or temporary'Presiding
Officer shall decide all questions of interpreta-
tion of these rules, points of order or other
questions of procedure requiring rulings. Any
such decision or ruling shall be final unless
overridden or suspended by a majority vote of the
Councilmembers present and voting, and shall be
binding and legally effective (even though clearly
erroneous) for purposes of the matter under
consideration.
Section 5. ADDRESSING THE COUNCIL
5.1 MANNER OF ADDRESSING THE COUNCIL:
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, he shall state his 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. During a public
hearing, all remarks shall be limited to the
subject under consideration. No person shall
enter into any discussion without being recognized
by the Presiding Officer.
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5.2 TIME LIMITATION:
Any member of the public desiring to address
the Council shall limit his address to three (3)
minutes unless further time has been granted by
the Presiding Officer in the individual case, or
in accordance with Section 2. 5.
5.2.1 Exception:
A limit of three minutes is imposed during
the Public Comments portion of the agenda. (See
2.6)
5.3 ADDRESSING THE COUNCIL AFTER MOTION IS
MADE:
After a motion has been made, or after a
public hearing has been closed, no member of the
public shall address the Council without first
securing permission by a majority vote of the
Council.
5.4 LIMITATIONS REGARDING PUBLIC COMMENTS
AND REPORTS:
The making of oral communications to the
Council by any member of the public during the
Public Comments" and /or "Public F-ports and
Requests" portions of the agenda snall be subject
to the following limitations:
5. 4.1 At any time, before or after the oral
communication is commenced, the Presiding Officer
may if he deems it preferable, direct that the
communication be made instead either to the city
manager or other appropriate staff member during
regular business hours, or in writing for subse-
quent submittal to Councilmembers, pursuant
to Section 5.5.
5.4.2 No speaker shall be permitted to
address the Council on a topic which is currently
before or about to be submitted for consideration
by a City commission, board or other agency before
which the speaker should make his presentation,
until that latter body has completed its deli-
berations and taken its final action. In case the
speaker should have followed an otherwise available
appeal procedure, the Presiding Officer shall not
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allow oral communication to the Council outside
that procedure.
5.4.3 The Presiding Officer may limit the
number of speakers heard on non - agenda topics at
any single meeting. Those whose presentations are
postponed shall be given priority at the next
meeting (during the "Public Comments" or "Public
Reports and Requests" portions of the agenda).
5.4.4 If it appears that several speakers
desire to speak regarding a single topic, the
Presiding Officer may reasonably limit the number
speaking as to each side of an issue. In this
regard, preference may be given to speakers who
represent groups of persons who have designated a
spokesman.
5.4. 5 No oral communication shall be allowed
to include charges or complaints against any
employee of the City, regardless of whether such
employee is identified in the presentation by name
or by any other reference which tends to identify
him. All charges or complaints against employees
shall be submitted to the city manager for appro-
priate action, and may also be submitted to
members of the Council by written communication.
5. 5 WRITTEN CORRESPONDENCE:
The city manager is authorized to receive and
open all mail 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. A copy of such communication shall be
sent to each Councilmember marked "Information
Only."
Any communication relating to a matter
pending, or to be brought before the City Council
shall be included in the agenda packet for the
meeting at which such item is to be considered.
Letters of appeal from administrative or
commission decisions shall be processed under
applicable provisions of the Municipal Code, or
other ordinances.
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Copies of all other communications sent to the
Council will be transmitted to them.
5.6 PERSONS AUTHORIZED TO BE WITHIN PLATFORM:
No person except City officials shall be
permitted within the platform area in front of the
Council table without the invitation or consent of
the Presiding Officer.
Section 6. MOTIONS
6.1 PROCESSING OF MOTIONS:
When a motion is made and seconded,-it shall
be stated by the Presiding Officer before debate.
A motion so stated shall not be withdrawn by the
mover without the consent of the person seconding
it.
6.2 MOTIONS OUT OF ORDER:
The Presiding Officer may at any time, by
majority consent of the Council, permit a member
to introduce an ordinance, resolution, or motion
out of the regular agenda order.
6. 3 DIVISION OF QUESTION:
If the question contains two or more division -
able propositions, the Presiding Officer may, and
upon request of a member shall (unless appealed),
divide the same.
6. 4 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:
a. Adjourn
b. Fix hour of adjournment
C. Table
d. Limit or terminate discussion
e. Arne nd
f. Postpone
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6. 5 MOTION TO ADJOURN (not debatable):
A motion to adjourn 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 a
member while speaking.
C. When discussion has been ended, and
vote on motion is pending, and
d. While a vote is being taken.
A motion to adjourn "to another time" shall
be debatable only as to the time to which the
meeting is adjourned.
6.6 MOTION TO FIX HOUR OF ADJOURNMENT:
Such a motion shall be to set a definite time
at which to adjourn and shall be undebatable and
shall be unamendable except by unanimous vote.
6. 7 MOTION TO TABLE:
A motion to table shall be used to temporarilybypassthesubject. A motion to table shall be
undebatable and shall preclude all amendments or
debate of the subject under consideration. If the
motion shall prevail, the matter may be "taken
from the table" at any time prior to the end of
the next regular meeting.
6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION:
Such a motion shall be used to limit or close
debate on, or further amendment to, the main
motion and shall be undebatable. If the motion
fails, debate shall be reopened; if the motion
passes, a vote shall be taken on the main motion.
6.9 MOTION TO AMEND:
A motion to amend shall be debatable only
as to the amendment. A motion to amend an amend-
ment 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
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shall be in order, but an amendment relating to a
different matter shall not be in order. A substi-
tute 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.
6.10 MOTION TO CONTINUE:
Motions to continue to a definite time shall
be amendable and debatable as to propriety of
postponement and time set.
Section 7. VOTING PROCEDURE
7.1 VOTING PROCEDURE:
In acting upon every motion, the vote shall
be taken by voice or 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 alphabetical
with the Mayor voting last. 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 vote
recorded as 'aye'.
7.2 ROLL CALL VOTING:
Every ordinance and any resolutions or orders
for franchises or payments of money require three
affirmative votes. A roll call vote shall be used
for these changes. Any other question before the
Council shall not require a roll call vote unless
demanded by any member. It shall not be in order
for members to explain their vote during roll
call. Any member may change his vote before the
next order of business.
7.3 FAILURE TO VOTE:
Every Councilmember should vote unless dis-
qualified for cause. A Councilmember who abstains
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shall, for purpose of the item under consideration,
be considered as if absent.
7.4 RECONSIDERATION:
Any Councilmember who voted with the majority
may move a reconsideration of any action at the
same meeting or the next regular meeting. 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.
7.5 TIE VOTES:
Tie votes shall be lost motions. When all
Councilmembers are present, a tie vote on whether
to grant an appeal from official action shall be
considered a denial of such appeal, unless the
Council takes other action to further consider the
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 8. RESOLUTIONS
8.1 DEFINITIONS:
As a rule of thumb, it can be said that
legislative acts of the City Council (usually a
rule of public conduct for long -term application)
are taken by ordinance, whereas more routine
business and administrative matters (usually more
temporary and transitory in nature) are accomplished
by "resolutions ". The term "resolution" in its
general sense will denote any action taken affirma-
tively via a vote of the Council, other than one
taken by ordinance. As used in this City, however,
three terms are in general use to denote such
non- ordinance) actions: "resolution ", "minute
order ", and "motion" (thereafter recorded by
minute entry). Technically, all three are equally
as legally effective and binding; they just vary
in the formality of respective memorialization.
The most formal is referred to locally as a
resolution ". This, in addition to being referenced
in the minutes, will be recorded by a separate
document, numbered in sequence and preserved in a
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separate set of books. Such "resolutions" are
used in this City 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 (with the additional
whereas" explanatory material it often recites)
to facilitate such future reference and research.
A "minute order" as used locally denotes a
separate document which is also maintained in a
separate set of books, under a system of sequential
numbering, and is referenced in the minutes;
however, the "minute order" is drafted far more
briefly than a "resolution" and is distinguished
from a mere minute entry only by the need, in
general, to have a separate document to facilitate
certain administrative processes to which it
pertains.
The "motion" (assuming it was one which passed)
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.
8.2 RESOLUTIONS PREPARED IN ADVANCE:
Where a resolution has been prepared in
advance, the procedure shall be: motion, second,
discussion, vote pursuant to methods prescribed in
Section 7.1, and result declared. It shall not be
necessary to read a resolution in full or by title
except to identify it. Any member may require
that the resolution be read in full.
8. 3 RESOLUTIONS NOT PREPARED IN ADVANCE:
Where a resolution has not been prepared in
advance, the procedure shall be to instruct the
city manager or the city attorney to prepare a
resolution for presentation at the next Council
meeting.
8.4 URGENCY RESOLUTIONS:
In matters of urgency, a resolution may be
presented verbally in motion form together with
instructions for written preparation for later
MFM
ATTACHMENT 1
416
execution. After the resolution has been verbally
stated, the voting procedure in 8. 2 above shall be
followed.
Urgency resolutions shall be avoided except
when absolutely necessary; and shall be avoided
entirely when resolutions are required by law, in
improvement acts, zoning matters, or force account
work on public projects. Where the resolution has
been drafted in written form, either before or
during the meeting, this paragraph shall not be
deemed applicable.
Section 9. ORDINANCES
9.1 INTRODUCTION AND ADOPTION OF ORDINANCES:
Ordinances shall not be passed within five
days of their introduction, nor at other than a
regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed
immediately upon introduction and either at a
regular or special meeting. Except when, after
reading the title, further reading is waived by
regular motion adopted by unanimous vote of the
Councilmembers present, all ordinances shall be
read in full either at the time of introduction or
passage. When ordinances, other than urgencyordinances, are altered after introduction, they
shall be passed only at a regular or at an adjourned
regular meeting held at least five days after
alteration. Corrections of typographical or
clerical errors are not alterations within the
meaning of this section.
9. 2 EFFECTIVE DATE:
All ordinances, except as provided in
Section 36937 of the Government Code, shall take
effect 30 days after adoption, but may be made
operative at such later date as may be designated
in the ordinance.
9.3 PUBLISHING:
It shall be the duty of the City Clerk to
post or publish all ordinances in accordance
with Section 36933 of the Government Code
within 15 days after adoption.
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9.4 URGENCY ORDINANCES:
All urgency ordinances must receive four (4)
affirmative votes to be adopted and to become
effective immediately. If such an ordinance fails
to receive a 4/5 majority, it may thereafter be
considered and passed in the same manner as
regular ordinances.
Section 10. STUDY SESSIONS:
Study Sessions shall at all times be open to
the public and the news media, except for: a)
executive sessions held at such times pursuant to
Government Code Section 54947.6 whereat the
Council meets with its designated repres -entatives
prior to and during consultation and discussions
with representatives of employee organizations; and b) executive sessions to consider possible or
pending litigation in which the City is or couldbeaparty.
10.3 PURPOSE:
Study Sessions are not intended to constitute
a meeting of the City Council and they shall be
carried on regardless of the number of Councilmembersinattendance.
At said study sessions, no formal action shallbetaken, no motions shall be offered, no argumentsenteredinto; the sole purpose of said meetings
being to provide background information to members
of the Council and to allow Councilmembers to ask
questions and to express personal opinions. Thisshallnot, however, be deemed to apply with
respect to executive sessions referred to in
section 10.2.
10.4 AGENDA:
The city manager shall be responsible for pre-
paring an agenda of items for discussion at each
study session.
Section 11. STANDING COMMITTEES:
11.1 FINANCE COMMITTEE:
There shall be a standing committee of the
City Council known as the Finance Committee, whose
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ATTACHMENT 1
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duties shall be those as prescribed in the Moorpark
Municipal Code or as otherwise assigned by theCityCouncil, The Committee shall consist of two
members, one of whom shall be the Mayor, who shall
also serve as its Chairperson, and the other shall
be a Councilmember appointed by the City Council,
ADOPTED THIS 21st day of December , 1983
ATTEST:
21-
MAY
ATTACHMENT 1
419
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF MOORPA R K )
I, DORIS D. BANKUS , City Clerk of the City of
Moorpark, California, do hereby certify that the foregoing
Resolution No. 83 -61 was adopted by the City Council of the City of
Moorpark at a regular meeting thereof held on the 21st day of
December , 19 83 , and that the same was adopted by
the following vote, to wit:
AYES: Councilmembers Straughan, Harper, Beaulieu,
Prieto and Mayor Yancy- Sutton;
NOES: None;
ABSENT: None.
WITNESS my hand and the official seal of said City this 21st
day of December , 19 83
CITY CLERK
SEAL)
ATTACHMENT 1
420
ORDINANCE NO. 85
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING SECTION 2.04.010
OF CHAPTER 2.04 OF TITLE 2 OF THE
MOORPARK MUNICIPAL CODE, FIXING TIMES
FOR REGULAR COUNCIL MEETINGS.
THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. That Section 2.04.010 of Chapter 2.04 of
Title 2 of the Moorpark Municipal Code is hereby amended to read
as follows:
2.04.010. Time of regular meetings. The regular
meetings of the City Council shall be held on the
first and third Wednesday of each month at the hour
of seven (7:00) p.m."
SECTION 2. The City Clerk shall, within 15 days
after the passage of this ordinance, cause it to be published;
shall certify to the adoption and posting of this ordinance; and
shall cause this ordinance and its certification, together with
proof of posting, to be entered in the book of ordinances of
this City.
APPROVED AND ADOPTED this 5th day of
December , 198 6
ayor of the City of Moorpark,
California
ATTEST:
Depfity City/ Clerk
ATTACHMENT 2
421
STATE OF CALIFORNIA )
COUNTY OF VENTURA )
CITY OF MOORPARK )
Deputy
I, Inez Bryson , City Clerk of the City of
Moorpark, California, do hereby certify that the foregoing
Ordinance No. 85 was adopted by the City Council of the
City of Moorpark, as an urgency ordinance, at a
regular meeting held on the 1st day of December 19 86
by the following roll call vote:
AYES: Mayor Ferguson, Brown, Galloway, Harper and Woolard;
NOES: None;
ABSENT: None
WITNESS my hand and the official seal of said City this
5th day of December , 19 86
Deputy Citfy Clerk
ATTACHMENT 2
422
ORDINANCE NO. 255
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING SECTION 2.04.010,
MEETINGS —TIME, OF CHAPTER 2.04, TITLE
2, OF THE MOORPARK MUNICIPAL CODE
WHEREAS, the City Council
amendment to Section 2.04.010 of
the Moorpark Municipal Code is
regular City Council meeting t
resolution;
NOW, THEREFORE, THE CITY
MOORPARK DOES ORDAIN AS FOLLOWS:
has determined that an
Chapter 2.04, Title 2, of
appropriate to allow the
ime to be established by
COUNCIL OF THE CITY OF
SECTION 1. Section 2.04.010 of Chapter 2.04, Title 2,
of the Moorpark Municipal Code is hereby revised in its
entirety to read as follows:
2.04.010 Meetings —Time.
The regular meetings of the city council shall be held
on the first and third Wednesdays of each month at the time
set by resolution of the city council."
SECTION 2. If any section, subsection, sentence,
clause, phrase, part of portion of this Ordinance is for
any reason held to be invalid or unconstitutional by any
court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this
Ordinance. The City Council declares that it would have
adopted this Ordinance and each section, subsection,
sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions
be declared invalid or unconstitutional.
SECTION 3. This Ordinance shall become effective
thirty (30) days after its passage and adoption.
SECTION 4. The City Clerk shall certify to the
passage and adoption of this Ordinance; shall enter the
same in the book of original ordinances of said City; shall
make a minute of the passage and adoption thereof in the
records of the proceedings of the City Council at which the
same is passed and adopted; and shall, within fifteen (15)
ATTACHMENT 3
423
Ordinance No. 25,
Page 2
days after the passage and adoption thereof, cause the same
to be published once in the Moorpark Star, a weekly
newspaper of general circulation, as defined in Section
6008 of the Government Code, for the City of Moorpark, and
which is hereby designated for that purpose.
PASSED AND ADOPTED this
ATTEST:
2nd day of June, 1999.
P trick H nter, Mayor
Deborah S. Traffens dt, City Cler
ATTACHMENT 3
424
Ordinance No. 25:
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA
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 Ordinance No. 255 was adopted by
the City Council of the City of Moorpark at a meeting held
on the 2nd day of June, 1999, and that the same was adopted
by the following vote:
AYES: Councilmembers Evans, Harper, Rodgers, and
Wozniak
NOES: None
ABSENT: Mayor Hunter
ABSTAIN: None
WITNESS my hand and the official seal of said City this 9th
day of June, 1999.
Deborah S. Traffens edt, City Clerk
seal)
ATTACHMENT 3
425
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.
SECTION 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:
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Resolution No. 99 -1613
Page 2
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Roll Call
5. 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.
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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 Aaenda:
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.
ATTACHMENT 4
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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.
ATTACHMENT 4
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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 Hearinas:
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
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Resolution No. 99 -1613
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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
ATTACHMENT 4
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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.
ATTACHMENT 4
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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 Aaenda 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 order:
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
ATTACHMENT 4
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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.
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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 Col
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. ."
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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.
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6.2 Manner of Addressina 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 Addressina 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
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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 Processinq 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
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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)
To Table
To Limit Discussion (2/3 vote)
To Call the Question (2/3 vote)
To Suspend the Rules (2/3 vote)
Debatable_
To Postpone to a Certain Time)
To Commit or Refer to Committee
To Amend
To Postpone Indefinitely
Cannot
be
Amended
Can be
Amended
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:
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.
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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
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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 Votinq 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
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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 Voting:
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
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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.
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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.
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All materials distributed by any person during a public
meeting related to the subject matter being discussed or considered
will be made available for public inspection at the meeting if
prepared by City staff or a member of the Council, or after the
meeting, if the materials were prepared by some other person in
accordance with Section 54957.5 (b) of the Brown Act.
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 anyitems. 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:
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.
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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:
Deborah S. Traffenstedt, City Clerk
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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. Traffenste t, City Clerk
seal)
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RESOLUTION NO. 2003 -2102
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. 2002 -2016
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, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Revised Rules of Procedure for City Council
Meetings and Related Functions and Activities are hereby adopted,
to read as follows:
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.
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:
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1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Proclamations and Commendations
5. Public Comments*
6. Reordering of, and Additions to, the Agenda
Items to be pulled from the Consent Calendar shall be
identified under this section)
7. Announcements and Future Agenda Items
8. Public Hearings
9. Presentations /Action /Discussion
10. Consent Calendar
11. Ordinances
12. Closed Session
If none are scheduled to be held prior to the Agenda
deadline, then Agenda shall so indicate.)
13. 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.
2. 3 Special Meeting Agenda Format:
The order of business of special meeting agendas shall
generally be consistent with the order of business of regular
Following the Public Comments, the Council would recess to
convene the Redevelopment Agency meeting.
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meeting agendas, although not all regular items of business may be
included. Public Comments shall be included on all special meeting
agendas.
2.4 Delivery of Aaenda:
Barring insurmountable difficulties, the Agenda for regular
meetings 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 Tempore who shall
serve until the arrival of the Mayor. In the absence of both the
Mayor and the Mayor Pro Tempore, 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 Tempore or until
adjournment.
2. 6 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.
2.7 Proclamations and Commendations:
Proclamations and Commendations shall be limited to regular
Council meetings.
2.8 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
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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.
2.9 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.
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.
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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.
2.10 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 Consent Calendar, any Councilmember
may request that any item be withdrawn from the Consent Calendar
for individual consideration. Items withdrawn from the Consent
Calendar shall be considered immediately after action on the
Consent Calendar in the order that they were withdrawn, including
any items requested to be withdrawn under Section 2.8 (Reordering
of, and additions to, the Agenda).
2.11 Public Hearings:
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 Report
Questions of Staff by Council
Hearing Opened by Mayor
Testimony by Applicant
Other Public Testimony
Rebuttal by Applicant
Questions by Council
Hearing Closed by Mayor
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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, including consultant participation. 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 total number of written statement cards received in favor of or
in opposition to an item will be recorded in the minutes of the
meeting, and the written statement cards will become a part of the
official record.
2.12 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.
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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 Report
Questions of Staff by Council
Testimony by Applicant
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 for 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.
Written statement cards may be submitted in lieu of addressing
the Council. The number of cards received in favor of or in
opposition 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 total number of written statement cards received in
favor of or in opposition to an item will be recorded in the
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minutes of the meeting, and the written statement cards will become
a part of the official record.
2.13 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.
2.14 Closed Session:
A Closed Session to be held at the conclusion of a meeting
shall typically begin no later than 12:00 midnight. 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 6:15
p.m., unless more or less time is anticipated to be needed.
Section 54963 of the Government Code, and any statutes
amendatory or supplementary thereto, prohibiting disclosure of
closed session information to any person not entitled to receive
such information unless the City Council authorizes disclosure of
that information, are hereby incorporated by reference.
2.15 Adjournment:
It is the policy of the City Council that upon reaching 12:00
midnight, the City Council will not address any new agenda items,
with the exception of closed session items. Should the City
Council decide to continue to address an in- progress non - closed
session agenda item past 12:00 midnight, the following motion is in
order:
Move that the City Council meeting tonight may extend
beyond the 12: 00 midnight deadline to conclude the item
in progress.
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 2.5 (Call to
Order). The office of Mayor is an elective office with a two -year
term.
In accordance with Government Code Section 36801, the Council
shall meet at the regularly scheduled meeting next following the
declaration of the election results pursuant to Section 10262 and
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10263 of the Elections Code (completion of the canvass by the
elections official shall occur no later than the third Friday after
the election) for a 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
Tempore. 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 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 Presidinq 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 ?"
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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.
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 Col
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
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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. ."
4. 4 Conflict of Interest:
Section 87105 describes the procedure to be followed if an
official has a conflict of interest on a matter and cannot
participate in a decision. Section 87105 shall apply to the City
Council, the City Manager, City Attorney, and Planning Commission.
The official must publicly identify the financial interest (not
including the address of a personal residence), recuse himself or
herself from voting, and leave the room until after the discussion,
vote and other disposition of the matter is concluded. If the
matter is on the consent calendar, the official need not leave the
room, but must still make the required disclosure on the record and
abstain from voting. The official also may speak on the issue as a
member of the general public, during the public comment period on
that matter, solely to represent himself or herself on a matter
related to his or her personal interest. Section 87105 of the
Government Code, and any statutes amendatory or supplementary
thereto, are hereby incorporated by reference.
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.
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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.
6.2 Manner of Addressina 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
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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 2.9, 2.11,
2.12, 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
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, Audiotape, PowerPoint, Slide or Similar Presentation:
Video, audiotape, PowerPoint, slide or similar presentation
will be disallowed unless relative to an item on the agenda. The
video, audiotape, PowerPoint, 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 2.9, 2.11 and 2.12 shall apply.
Presentations shall be limited to the subject matter jurisdiction
of the Council. Those items not germane to the agenda will be
disallowed.
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
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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
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) )
Debatable:
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.
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7.4 Motion to Fix Hour of Adjournment:
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.
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.
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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
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.
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.
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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
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 Voting:
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.
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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.
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
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.
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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.
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
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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.
All materials distributed by any person during a public
meeting related to the subject matter being discussed or considered
will be made available for public inspection at the meeting if
prepared by City staff or a member of the Council, or after the
meeting, if the materials were prepared by some other person in
accordance with Section 54957.5 (b) of the Brown Act.
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.
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10.4 Research:
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.
11. COUNCIL MEETINGS
11.1 Meeting Time and Schedule:
The regular meetings of the City Council shall begin at the
hour of 7:00 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.
12. ANNUAL REVIEW
The City Clerk will annually review the Rules of Procedure
with the Mayor and City Manager.
SECTION 2. This Resolution shall become effective and
Resolution No. 2002 -2016 shall be rescinded on August 20, 2003.
The change in regular City Council meeting start time from 6:30
p.m. to 7:00 p.m. shall begin with the August 20, 2003 regular
Council meeting.
SECTION 3. 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 resoluta ns . a
PASSED AND ADOPTED this 18th day of] Jury6, 7gD3
Mayor
ATTEST:
S. ..
Deborah S. Traffenste , City Clerk
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STATE OF CALIFORNIA )
COUNTY OF VENTURA )
CITY OF MOORPARK )
ss.
I, Deborah S. Traffenstedt, City Clerk of the City of
Moorpark, California, do hereby certify under penalty of perjury
that the foregoing Resolution No. 2003 - 2102 was adopted by the City
Council of the City of Moorpark at a regular meeting held on the
18th day of June, 2003, and that the same was adopted by the
following vote:
AYES: Councilmembers Harper,
and Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
Mikos, Millhouse, Parvin,
WITNESS my hand and the official seal of said City this 21St
day of July, 2003.
Deborah S. Traffenst , City Clerk
seal)
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RESOLUTION NO. 2016-3494
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. 2012-3148
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 revision to the Rules of
Procedure is necessary to change the start time for regular City Council meetings from
7:00 p.m. to 6:30 p.m. beginning with the regular meeting of June 1, 2016.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Revised Rules of Procedure for City Council Meetings and
Related Functions and Activities are hereby adopted, to read as follows:
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 City
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.
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 may be a combined agenda for the City Council
and another public entity, including those for which the Council serves as the governing
board, and for a board or commission appointed by the City Council. When a combined
agenda is used, staff is instructed to clearly identify on the agenda which public entity or
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board or commission is considering an agenda item and any staff recommendation that
is specific for a public entity or board or commission, if different from the City Council.
The regular meeting agenda shall include all of the items of business listed
below:
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Proclamations and Commendations
5. Public Comments
6. Reordering of, and Additions to, the Agenda
Items to be pulled from the Consent Calendar shall be identified under
this section)
7. Announcements, Future Agenda Items, and Reports on
Meetings/Conferences Attended by Councilmembers and Mayor
8. Public Hearings
9.Presentations/Action/Discussion
10. Consent Calendar
11. Ordinances
12. Closed Session
13. 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.
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2.3 Special Meeting Agenda Format:
The order of business of special meeting agendas shall generally be consistent with
the order of business of regular meeting agendas, although not all regular items of
business must be included. Public Comments shall be included on all special meeting
agendas.
2.4 Delivery of Agenda:
Barring insurmountable difficulties, the agenda for regular meetings 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 Tempore who shall serve until the arrival of the Mayor. In the
absence of both the Mayor and the Mayor Pro Tempore, 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
Tempore or until adjournment.
2.6 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 or Presiding Officer
called last. Unless otherwise provided for by law, a majority of the Council shall constitute a
quorum sufficient to do business.
2.7 Proclamations and Commendations:
Proclamations and Commendations shall typically be scheduled for regular Council
meetings, but may be scheduled for a special meeting as determined appropriate by the
Mayor and City Manager.
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2.8 Public Comments:
Any member of the public may address the Council on any item within the subject
matter 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. All speaker cards for Public Comments must
be received prior to the Mayor's call for speaker cards for the Public Comments agenda
item. 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 and time permitted for
comments may 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.
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 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.
2.9 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 for separate consideration.
Items withdrawn from the Consent Calendar shall be considered immediately after action
on the balance of the Consent Calendar in agenda item order.
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
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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 6, 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 Announcements, Future Agenda Items, and Reports on Meetinqs/Conferences
Attended by Councilmembers and Mayor:
At this time, Councilmembers and the Mayor may make an announcement, request
to have an item placed on a future agenda, and provide a brief report on meetings and
conferences attended at City expense in compliance with Section 53232.3( d) of the
Government Code.
2.11 Public Hearings:
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.
Any member of the City Council who has an ex parte communication with an
applicant, property owner, developer, or other person directly affiliated with a hearing on a
permit, license, entitlement or appeal, outside of the public record, public hearing, or public
meeting process, shall disclose the information learned in this communication during the
open public hearing.
Public hearings shall be conducted in the following order:
Staff Report
Questions of Staff by Council
Hearing Opened by Mayor
Testimony by Applicant
Other Public Testimony
Rebuttal by Applicant
Questions by Council
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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. All speaker cards
for a public hearing must be presented to the City Clerk by the person wishing to speak
prior to the opening of the public hearing by the Mayor or beginning of public testimony at a
continued open public hearing. 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, including
consultant participation. 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.
In the case of an Appeal of a Planning Commission decision,the Applicant's and the
Appellant's presentations shall be limited to twenty(20) minutes each, including consultant
participation.
The Public Hearing shall be conducted in the following order:
Staff Report
Questions of Staff by Council
Testimony by Original Applicant
Testimony by Appellant
Other Public Testimony
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Appellant Rebuttal to Public Testimony
Original Applicant Rebuttal to Appellant and Other Public Testimony
Questions by Council
Hearing Closed by Mayor
Discussion by Council
Action by Council
The Appellant has the same ability to present and to rebut as the original Applicant,
but the original Applicant has the first and last word to the Council (including review of all of
the Appellant's and public's arguments prior to his final rebuttal). The proceeding is a de
novo review of the Application.
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 total number of written statement cards received in favor of or in opposition
to an item will be recorded in the minutes of the meeting, and the written statement cards
will become a part of the official record.
2.12 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 and
appointments 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 and appointments.
Discussion/Action items shall be conducted in the following order:
Staff Report
Questions of Staff by Council
Testimony by Applicant or Appellant, if applicable
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Public Comment
Rebuttal by Applicant or Appellant, if applicable
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, an
applicant/appellant shall be heard first during the public comment for a
Presentations/Action/Discussion item and shall be allowed rebuttal as the last public
comment speaker. All speaker cards for each agenda item must be received prior to the
Mayor's announcement of the public comment for each Presentation/Action/Discussion
item and call for speaker cards. A limitation of three (3) minutes shall be imposed upon
each speaker. Speaker cards must be presented to the City Clerk 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.
Written statement cards may be submitted in lieu of addressing the Council. The
number of cards received in favor of or in opposition 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 total number of written statement cards received in favor of or in opposition to an
item will be recorded in the minutes of the meeting, and the written statement cards will
become a part of the official record.
Any member of the City Council who has an ex parte communication with an
applicant, property owner, developer, or other person directly affiliated with a public
meeting required for a permit, license, entitlement or appeal, outside of the public record or
public meeting process, shall disclose the information learned in this communication during
the City Council discussion at the public meeting for the agenda item.
2.13 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 for regular
and special meetings. All items may be approved by one blanket motion by unanimous
vote of those present and voting.
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Prior to a motion on the Consent Calendar, any Councilmember may request that
any item be withdrawn from the Consent Calendar for individual consideration. Items
withdrawn from the Consent Calendar shall be considered immediately after action on the
Consent Calendar in agenda item order, including any items requested to be withdrawn
under Section 2. 9 (Reordering of, and Additions to, the Agenda). Unless an agenda item is
pulled from the Consent Calendar, and the City Council votes to defer public comments
until the Consent Calendar portion of the agenda, all other public comments on Consent
Calendar items shall occur during the Public Comments portion of the agenda.
2.14 Ordinances:
Consideration of first reading of an ordinance will initially be scheduled as either a
public hearing or action/discussion item as applicable. Following City Council approval of
first reading of an ordinance, the second reading and adoption of an ordinance shall be
scheduled under this section of the agenda. All public comments on an ordinance
scheduled under this section of the agenda shall occur during the Public Comments portion
of the agenda, unless the City Council votes to defer public comments until the Ordinances
section of the agenda.
2.15 Closed Session:
A Closed Session to be held at the conclusion of a meeting shall typically begin no
later than 12:00 midnight. 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 6:00 p.m., unless more or less time is anticipated
to be needed.
Section 54963 of the Government Code and any statutes amendatory or
supplementary thereto, prohibiting disclosure of closed session information to any person
not entitled to receive such information unless the City Council authorizes disclosure of that
information, are hereby incorporated by reference.
2.16 Adjournment:
It is the policy of the City Council that upon reaching 12:00 midnight, the City
Council will not address any new agenda items, with the exception of closed session items.
Should the City Council decide to continue to address an in-progress non-closed session
agenda item past 12:00 midnight, the following motion is in order:
Move that the City Council meeting tonight may extend beyond the 12:00
midnight deadline to conclude the item in progress.
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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. 5 (Call to Order). The office of Mayor is an elective office
with a two-year term.
In accordance with Government Code Section 36801, for even numbered years, the City
Council shall meet at the meeting at which the declaration of the election results for a
general municipal election is made pursuant to Sections 10262 and 10263 of the Elections
Code and, following the declaration of the election results and the installation of elected
officials, choose one of its number as Mayor Pro Tempore. For each odd numbered year,
the City Council shall meet at the last regular meeting in November to choose one of its
number as Mayor Pro Tempore. 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 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 if clearly
erroneous) for purposes of the item under consideration, unless overridden by a majority
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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?"
4. CONDUCT OF COUNCILMEMBERS
4.1 Decorum and Order:
a) Any Councilmember desiring to speak shall address the Presiding
Officer 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.
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 Councilmember called to order while he or she is speaking shall
cease speaking immediately until the question of order is determined. If ruled to be in
order he or she shall be permitted to proceed. If ruled out of order he or she shall remain
silent or shall alter his or her remarks so as to comply with the rules.
e) Councilmembers 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.
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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. . . ."
4.4 Conflict of Interest:
Section 87105 of the Government Code describes the procedure to be followed if an
official has a conflict of interest on a matter and cannot participate in a decision. Section
87105 shall apply to the City Council, the City Manager, City Attorney, and Planning
Commission. The official must publicly identify the financial interest (not including the
address of a personal residence), recuse himself or herself from voting, and leave the
room until after the discussion, vote and other disposition of the matter is concluded. If the
matter is on the consent calendar, the official need not leave the room, but must still make
the required disclosure on the record and abstain from voting. The official also may speak
on the issue as a member of the general public, during the public comment period on that
matter, solely to represent himself or herself on a matter related to his or her personal
interest. The announcement of the conflict of interest must be declared prior to the
initiation of Council consideration of the agenda item for which the conflict of interest exists.
Section 87105 of the Government Code, any statutes amendatory or supplementary
thereto, and any applicable regulations of the California Fair Political Practices Commission
are hereby incorporated by reference.
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.
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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 Presiding
Officer. All remarks shall be addressed to the Presiding Officer and not to any one
individual Councilmember or member of the public.
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.
6.2 Manner of Addressing the Council:
No person shall address the Council without being recognized by the Presiding
Officer. After being recognized by the Presiding Officer, any member of the public desiring
to address the Council shall proceed to the podium. The speaker shall state his or her
name for the record.All remarks and questions shall be addressed to the Presiding Officer
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.
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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 2.8, 2.11, 2.12, 6.1, 6.2, and 6.3. Written
comments from Commissioners shall be governed by the provisions of Section 10. 3.
e) A speaker that verbally complains about an employee of the City, or
any employee of a private firm or public agency providing a contract service to the City, will
be directed to contact the City's Human Resources/Risk Management Division for
assistance in documenting and resolving their complaint.
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, Audiotape, PowerPoint, Slide or Similar Presentation:
Video, audiotape, PowerPoint, slide or similar presentation will be disallowed unless
relative to an item on the agenda, and the City Clerk has been provided with no less than
24 hours notice of the video, audiotape, PowerPoint, slide or similar presentation, and has
determined the City has the appropriate equipment to view and broadcast the presentation.
The video, audiotape, PowerPoint, 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 2.8, 2.11 and 2.12 shall apply. Presentations shall be
limited to the subject matter jurisdiction of the Council. Those items not germane to the
agenda will be disallowed.
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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 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) )
Debatable:
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
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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 Adiournment:
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.
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.
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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 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 for 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:
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.
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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 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 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 order, the remaining
Councilmembers seated, with the Mayor or Presiding Officer called last 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 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 Voting:
Pursuant to Government Code 36936, resolutions, orders for the payment of money
and all ordinances require a recorded majority vote of the total membership of the city
council.
A roll call vote shall be used for all ordinances, and shall also be used for all
resolutions adopting or amending the budget, a fee, a franchise agreement, a property tax
assessment, and otherwise ordering the payment of money. All other resolutions may be
adopted by roll call vote or any other voting method by which the vote of each
Councilmember present can be clearly ascertained, so as to confirm a recorded majority
vote of the total membership of the city council (three affirmative votes). 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.
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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, except as
described below.
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.
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 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:
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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.
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.
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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, City Clerk, or other City
Manager designee. A copy of such communication shall be provided to each of the other
Councilmembers, unless such communication is personal and/or confidential and not
related to the business of the City.
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 Councitmember correspondence will be copied to the Council reading
file unless the Council is listed as receiving a 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 and has been received prior to agenda distribution, 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 or provide direction to the City Clerk for
preparation of an agenda report. All agenda staff reports will be provided to the full Council
with the distribution of the agenda. Agenda item communications (including e-mails)
received from the public after agenda distribution will be forwarded to the Council by the
City Clerk's staff by e-mail or regular mail delivery up until the close of the business day
prior to the City Council meeting.
The City Council will be informed during the staff presentation at the Council
meeting of agenda item communications received from the public, including a project
applicant, on the day of the meeting. Regardless of the source, it will take a four-fifth's
majority vote(four affirmative votes)of the Council to accept additional agenda material on
the day of the Council meeting at which the item is to be considered.
All materials distributed by any person during a public meeting related to the subject
matter being discussed or considered will be made available for public inspection at the
meeting if prepared by City staff or a member of the Council, or after the meeting, if the
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materials were prepared by some other person in accordance with Section 54957.5 (b)of
the Ralph M. Brown Act. To avoid a Brown Act violation, City Councilmembers should not
read or send electronic messages, including, but not limited to, e-mail, cellular telephone
text messages, or instant messages, during a Council meeting.
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 prior to the Council meeting, 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:
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.
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 typically 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 fora study session on a
complex issue as determined by the Mayor and the City Manager or by vote of the City
Council.
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11.2 Teleconferencing:
Pursuant to the Ralph M. Brown Act, meetings may be conducted by
teleconferencing under the conditions specified in Section 54953(b) of the California
Government Code. Because of the additional costs that may be incurred to implement the
teleconferencing technology and the requirements of Section 54953(b), including but not
limited to providing public accessibility at each teleconference location and the opportunity
for the public to speak, prior City Council approval is required for the teleconference
expense.
12. MINUTES
12.1 Action Minutes:
The City Clerk shall be responsible for preparing action minutes to record all the
actions of the City Council (motions, votes, and consensus decisions)at regular and special
meetings, consistent with Municipal Section 2.16.030, and shall schedule the completed
minutes on the Consent Calendar of either a regular or special meeting, consistent with
Section 2.13 of this resolution. City Council meeting action minutes shall include
documentation for each agenda item, including but not limited to the following:
Date, hour, and place of meeting;
Identification of regular, adjourned regular, or special meeting (and special meeting
notice language)and whether it is a joint meeting agenda with another public entity,
board, or commission;
Names of City Councilmembers and participating staff in attendance;
City Council announcements, requested future agenda items, and reports on
meetings/conferences attended by Councilmembers;
Agenda titles, staff recommendations, and record of action taken (motions, votes,
and consensus decisions);
Name(s) of staff providing the verbal staff report and documentation of verbal and
written corrections to the agenda report;
Public hearing compliance documentation;
Public speaker names, identification of support or opposition, and/or other brief
summary of comments as determined necessary by the City Clerk;
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Written statement card documentation, consistent with Sections 2.11 and 2. 12 of
this resolution;
Closed session documentation;
Adjournment time; and
City Clerk and Mayor signatures.
13. ANNUAL REVIEW
The City Clerk will annually review the Rules of Procedure with the Mayor and City
Manager.
SECTION 2. Resolution No. 2012-3148 is hereby rescinded in its entirety and
this resolution becomes effective on May 19, 2016, to achieve a regular City Council
meeting start time change beginning with the June 1, 2016, regular meeting.
SECTION 3. 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 20th day of April, 2016.
Ja ice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk w' g/
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STATE OF CALIFORNIA
COUNTY OF VENTURA ss.
CITY OF MOORPARK
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 2016-3494 was adopted by the
City Council of the City of Moorpark at a regular meeting held on the 20th day of April,
2016, and that the same was adopted by the following vote:
AYES:Councilmembers Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES:Councilmember Mikos
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 27th day of April, 2016.
Maureen Benson, City Clerk
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