HomeMy WebLinkAboutAGENDA REPORT 2003 0618 CC REG ITEM 09HTO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
ITEM 01- 4 .
A_f?proVej . AdD
2eso ZooZ - Zol 5��
P` ��'?
Deborah S. Traffenstedt, ATCM /City Clerk :-TI>5T-
June 11, 2003 (CC Meeting of 6/18/03)
SUBJECT: Consider Resolution Adopting Revised Rules of Procedure for
Council Meetings and Related Functions and Activities and
Rescinding Resolution No. 2002 -2016
BACKGROUND
At the City Council's regular meeting on June 4, 2003, staff was
directed to schedule the City Council's Rules of Procedure Resolution
for the June 18, 2003 agenda, so as to allow the regular meeting
start time to be amended from 6:30 p.m. to 7:00 p.m.
DISCUSSION
A draft resolution is attached (Attachment 2), which incorporates
recommended revisions to the Rules of Procedure, as shown with the
use of legislative format.
The Council's directed revision to the regular meeting start time is
reflected in Section 11.1 (Meeting Time and Schedule) on Page 21 of
the draft Rules, to revise the regular meeting start time from 6:30
p.m. to 7:00 p.m. As further directed by the Council, the effective
date of the Resolution would be August 20, 2003. Staff has made
other editorial corrections in the Rules of Procedure related to the
change in meeting start time, with the exception of the designated
time period of 10:30 p.m. for consideration of reordering of the
agenda.
Section 2.3 (Special Meeting Agenda Format) on Pages 2 and 3 of the
draft Rules was revised to clarify that not all regular items of
business may be included.
Section 2.11 (Public Hearings) on Page 6 and Section 2.12
(Presentation /Action /Discussion Items) on Pages 7 and 8 of the draft
Rules were revised pertaining to written statement cards. Staff has
found that it is not reasonable to include all of the names in the
meeting minutes of those persons submitting written statement cards.
For some projects, hundreds of written statement cards have been
submitted. Staff is recommending that no names be included in the
Honorable City Council
June 18, 2003, Regular Meeting
Page 2
minutes for written statement cards. The number in support or
opposition to an item would continue to be included. In addition,
there is a minimum two -year records retention requirement for written
statement cards, so the comments received are available for review
during this time period. Another proposed amendment to Section 2.12
(Presentation /Action /Discussion Items) on Page 7 of the draft Rules
is to include a reference to Testimony by Applicant, for those
situations when a development project related issue is scheduled
under Presentation /Action/ Discussion, and there is a logical order
to allowing the applicant to give testimony before other public
comments.
Section 2.14 (Closed Session) on Page 8 of the draft Rules was
revised to include reference to Section 54963 of the Government Code,
which was adopted by the State Legislature and became effective in
January 2003, and pertains to prohibiting disclosure of closed
session information.
Section 3.1 (Presiding Officer, Selection and Term) on Page 9 of the
draft Rules was revised to be consistent with State law revisions,
which became effective in January 2003 (Government Code and Elections
Code), pertaining to the date the Council would need to declare the
election results and select the Mayor Pro Tempore (for an even
numbered year).
Section 4.4 (Conflict of Interest) on Page 11 of the draft Rules was
revised to be consistent with Government Code Section 87105, which
was adopted by the State Legislature and became effective in January
2003, and pertains to the procedure for identifying a conflict of
interest or potential conflict of interest.
STAFF RECObMNDATION
Adopt Resolution No. 2003-
Attachment: Draft Resolution
_L A�
RESOLUTION NO. 2003-
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:
Resolution No. 2003 -
Page 2
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Proclamations and Commendations
S. 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.
Resolution No. 2003 -
Page 3
meeting agendas, although not all regular items of businesst-l:�e
mayne-t- 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 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
.r �1.dL bod
Resolution No. 2003 -
Page 4
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.
Resolution No. 2003 -
Page 5
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
A OM ell
Resolution No. 2003 -
Page 6
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 i.n
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.
..r _Li-W
Resolution No. 2003 -
Page 7
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
eppes 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 nafftes of thes n
Fia1,1" "It
�
v . �J E1j
Resolution No. 2003 -
Page 8
statement eards 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.
2.13 Announcements /Future Aqenda 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 begin no later than 11230 a.ml2:00 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
.!456:15 p.m. unless 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 :3
p.f;,i.12:00 midnight, 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 12:830 Fftid rta.m., 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.
Resolution No. 2003 -
Page 9
In accordance with Government Code Section 36801, the Council
shall meet er= �the 'T- e��yafter eertif=eati-en e-�e results -e=
ea-eh at the regularly scheduled meeting next following the
decla_r_ation of the election results pursuant to Section 10262 and
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 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 ?"
Resolution No. 2003 -
Page 10
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 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) 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
D Fq � ►, f® �'1
�e _e.% -J
Resolution No. 2003 -
Page 11
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:
the eenfliet.
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
_ . ................... - ........ - -- -- .......- ..._..._.. -- -- -.._.. _
t- iereto, 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.
ch I 'q
Resolution No. 2003 -
Page 12
(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.
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. 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.
•.• v _i.. ae J
Resolution No. 2003 -
Page 13
(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 2.9, 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
Resolution No. 2003 -
Page 14
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
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
Resolution No. 2003 -
Page 15
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.
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.
afV0 "I
Resolution No. 2003 -
Page 16
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 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.
Resolution No. 2003 -
Page 17
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 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.
C' o!�
�' � _I . _: 0
Resolution No. 2003 -
Page 18
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.
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
G, C.'►,I1i
Resolution No. 2003 -
Page 19
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 Urgencv 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.
c
Resolution No. 2003 -
Page 20
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.
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
Resolution No. 2003 -
Page 21
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 61307:00 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 resolutions.
V 1a/ '�✓ S A J A A
Resolution No. 2003 -
Page 22
PASSED AND ADOPTED this 18th day of June, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk