HomeMy WebLinkAboutAGENDA REPORT 1988 1207 CC REG ITEM 11G 0 7
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MOORPARK
JOHN PATRICK LANE STEVEN KUENY
Mayor ,Pai �,� City Manager
v °4 CHERYL J. KANE
ELOISE BROWN o° `�2
Mayor Pro Tern 9 City Attorney
F
JOHN GALLOWAY r-ww0WA4 PATRICK RICHARDS, A.I.C.P.
Councilmember -ats1 m Director of p
CLINT HARPER, Ph.D. 9 / o Communit Development
Councilmember o R. DENNIS DELZEIT
BERNARDO M. PEREZ 'Eo � City Engineer
Councilmember JOHN V. GILLESPIE
MAUREEN W. WALL Chief of Police
City Clerk
MEMORANDUM
TO: The Honorable City Council
FROM: Maureen W. Wall , City Clerk
DATE: December 1, 1988
SUBJECT: TEMPORARY AMENDMENTS TO THE COUNCIL' S RULES OF PROCEDURE
(RESOLUTION NO. 87-412)
In May of 1988, Council implemented temporary changes to their Rules of
Procedure to determine if those changes would result in more efficient
Council meetings. The attached memorandum indicates with underlining
and cross-hatching, added and deleted wording.
Since some time has passed and your Council has reorganized, staff
thought it would be appropriate to reconsider these temporary
amendments. After determining whether these changes effectively
streamlined the meeting process, Council might consider making the
amendments permanent by directing staff to bring back a resolution
rescinding Resolution No. 87-412 and adding/deleting section(s) as
directed, continuing with the temporary amendments as they are
presently to allow your new members additional time to evaluate the
amendment' s effectiveness, rescind the temporary amendments, or any
combination of these.
STAFF RECOMMENDATION: MOORPARK, CALIFORNIA
City Council Meeting
Direct staff as deemed appropriate. of � � 1931_
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799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
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JOHN PATRICK LANE STEVEN KUENY
Mayor PpK - City Manager
ELOISE BROWN o°;-��y CHERYL J. KANE
Mayor Pro Tern f �, City Attorney
JOHN GALLOWAY TR4POSl' PATRICK RICHARDS, A.I.C.P.
Councilmember z lorag Director of
CLINT HARPER, Ph.D. 9i�� 0" Community Development
Councilmember oq R. DENNIS DELZEIT
BERNARDO M. PEREZ Eo City Engineer
Councilmember JOHN V. GILLESPIE
Chief of Police
MAUREEN W. WALL
City Clerk THOMAS P. GENOVESE
City Treasurer
MEMORANDUM
TO: The Honorable City Council
FROM: Maureen W. Wall , City Clerk
DATE: May 16, 1988
SUBJECT: Temporary Amendments to Council ' s Rules of Procedure
At your adjourned meeting of May 11, 1988, Council directed that certain
of would temporarily amended until
sections of your Rules Procedure be
further action was taken by your Council . Those sections amended are set
forth below.
1. Section 2. 1:
Discussion/action items which are judged by the City Manager to have
critical deadlines or due dates shall be indicated by an asterisk.
2. Section 2.5:
In addition to having the opportunity to reorder the agenda as order
of business number 5, the Mayor shall suspend the item under
diJ. t VVJ1t1 10:00 order that th— a-end, may too
scussion a� aafvr� i�+.vv }.M. in ...
reordered by majority vote of the Councilmembers present and voting.
3. Section 2.7:
Speakers will be heard in the order that their speaker cards are
received by the City Clerk 5x X y3Y`/ Xvi/ Xi1 / 00X/ Y / 0)406`/ vi!/ XMO
Oi i!Xfig with an announcement made by the Mayor at the beginning of
the public comments item on the agenda indicating speaker cards will
no longer be accepted.
Also, a new sentence is added to the end of the second paragraph of
this section as follows:
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
City Council
April 18, 1988
Page Two
3. Section 2.7: (continued)
However, those persons who spoke at a regular meeting concerning a
particular item will not be allowed to address the Council at an
adjourned meeting on the same item, except_ bya unanimous vote of
the Councilmembers present and voting.
4. Adding Section 2. 13 — Closed Session:
Any Closed Session to be held at the conclusion of a meeting shall
begin no later than 12:00 midnight, except by ma_jority vote of those
Councilmembers present and voting.
In addition, the following were identified as policies which would be
followed but not placed in the Rules of Procedure.
1. Fifteen (15) minute breaks will be held at approximately 9:00 p.m.
and 11: m. , during the changing of the video tape.
2. The Mayor will workwith staff to put no more than an estimated five
or six hours of items on each agenda, with unfinished items of
business to be taken care of on the 4th Wednesday of the month, if
necessary.
3. A separate agenda for Public Hearings will be set on either the 2nd
or 4th Wednesday of the month, as scheduling and time constraints
may dictate, for any hearings estimated to take more than one (1)
hour of time.
,.
copyiv, to: City Mun3^yam.
City Attorney
RESOLUTION NO. 87-412
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MOORPARK, CALIFORNIA, ADOPTING
RULES OF PROCEDURE FOR COUNCIL MEETINGS
AND RELATED FUNCTIONS AND ACTIVITIES
WHEREAS, Section 2.04 . 040 of the Moorpark
Municipal Code requires that the City Council adopt Rules of
Procedure to govern the conduct of its meetings and any of
its other functions and activities;
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:
SECTION ONE. The Procedures of the City Council
shall be 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 non-compliance with, or
violation of, any provision herein, such shall not be deemed
to affect the validity of any action taken, unless otherwise
specifically provided by law.
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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1 . Call to Order
2 . Pledge of Allegiance
3 . Roll Call
4 . Proclamations, Commendations and
Special Presentations
5. Reordering of, and Additions to,
the Agenda
6 . Public Comments
7 . Committee Reports
8. Consent Calendar
9 . Public Hearings
10 . Comments from Councilmembers
11. Discussion/Action Items
12 . Ordinances
13. Future Agenda Items
14 . Closed Session
( If none are scheduled to be held
prior to the Agenda deadline,
then Agenda shall so indicate)
15. Adjournment
Items which require a roll call vote shall be so
noted on the agenda. Discussion/action items which are
judged by the City Manager to be of high priority shall be
indicated by an asterisk.
2. 2 Delivery of Agenda:
Barring insurmountable difficulties, the Agenda
shall be delivered ordinarily to Councilmembers each Friday
preceding the meeting to which it pertains .
The Agenda shall also be available to the general
public at the time it is delivered to the Council.
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2 . 3 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 . 4 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 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 . 5 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 .
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
action arose subsequent to the posting of the agenda, as
specified in Government Code Section 54954. 2 .
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 11 : 30 p.m. in order
that the agenda may be reordered by majority vote of the
Councilmembers present and voting.
2 . 6 Committee Reports:
Reports to the City Council from subcommittees of
the Council and by Council appointed commissions and
committees shall be placed under this topic.
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2 .7 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
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 3 minutes
shall be imposed upon each speaker . 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 .
Council members 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 .
2 . 8 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 agenda for separate consideration. Items
withdrawn from the consent calendar shall be considered
immediately in the order that they were withdrawn, provided
that the Councilmember who requested that an item be
withdrawn may also request that it be considered under the
Discussion/Action Items portion of the Agenda. All such
items shall be considered at the end of Discussion/Action
Items in the order that they were withdrawn from the consent
calendar .
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2 . 9 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 review
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
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 . 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 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 by a
majority of the Council, when deemed necessary, such as when
a person is speaking as a representative of a group or has a
graphic or slide presentation requiring more time. Quasi-
judicial hearings shall be conducted in accordance with the
principles of due process, and the City Attorney shall
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advise the City Council in this regard of any modification
of , or addition to, the conduct of the hearing set forth in
this subsection.
2 . 10 Comments from Councilmembers:
Any Councilmember may comment on any matter that
is not on the Agenda.
2 . 11 Discussion/Action Items:
Items that involve the establishment of City
policy and items of a non-routine nature shall be placed
under this topic.
2.12 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.
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.
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 and one 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 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.
If the Mayor resigns the Mayor ' s chair or his/her
chair otherwise becomes vacant, effective immediately the
Mayor pro tem shall become Mayor for the remainder of the
one year term. If the Mayor pro tem resigns the mayor pro
tem's chair or his/her chair otherwise becomes vacant, a new
Mayor pro tem shall be elected by the Council for the
remainder of the one year term.
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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 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 designee shall be ex-officio
sergeant-at-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.
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 to the item under debate.
(b) A Councilmember desiring to question the
staff shall address his question to the City Manager , City
Attorney or Department Head, as appropriate, who shall be
entitled either to answer the inquiry himself or to
designate some member of his staff for that purpose.
(c) A 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 .
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(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 out of order he
shall remain silent or shall alter his 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 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 him 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 5 minutes each time he 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:
Any Councilmember prevented from voting on an
item because of a conflict of interest shall refrain from
the discussion and vote. Such member should leave the
Council dais immediately after announcing the conflict.
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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) Wilful conduct that is disruptive,
including but not limited to, unauthorized remarks from the
audience, stamping of feet, whistles, yells and similar
demonstrations shall be prohibited by the Presiding
Officer . Any person who becomes wilfully disruptive while
addressing the 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 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.
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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 on a public hearing item 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 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 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.
(c) No speaker shall be permitted to include
charges or complaints against any employee of the City, or
any employee of a private firm or public agency providing a
contract service to the City, regardless of whether such
employee is identified in the presentation by name or by any
other reference which tends to identify the employee. All
charges or complaints against an employee shall be submitted
to the City Manager for appropriate action, and may also be
submitted to members of the Council by written
communication.
(d) If it appears that several speakers desire
to speak regarding any item on the Agenda, the Presiding
Officer may reasonably limit the number of speakers on each
side of the issue. In this regard, preference may be given
to speakers who represent groups of persons who have
designated a spokesperson.
SECTION 7 . MOTIONS
7 .1 Processing of Motions:
When a motion is made and seconded, it shall be
stated by the Presiding Officer or, at the request of the
Presiding Officer, by the City Clerk before debate . A
motion so stated shall not be withdrawn by the mover without
the consent of the person seconding it.
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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.
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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;
(b) When discussion has been ended and vote on
the motion is pending; or
(c) 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 Reconsideration:
Any Councilmember who voted with the majority may
move a reconsideration of any vote at the same meeting or at
the next regular meeting. After a motion for reconsidera-
tion 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.
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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 ascer-
tained. The vote on each motion shall then be entered in
full upon the record. The order of voting shall be the
maker of the motion, the second and then the remaining
Councilmembers alphabetically. 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 ' .
Following the vote, the Presiding Officer shall
verbally announce whether the motion carried or was
defeated. The Presiding Officer may also publicly state the
effect of the vote for the benefit of the audience before
proceeding to the next item of business.
Any member may change his vote before the next
item of business is called.
8. 3 Roll Call Voting :
The following matters, require three 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
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we
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 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
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the title, further reading is waived by unanimous 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. Any Councilmember may 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 action arose subsequent to the posting of the
agenda, as specified in Government Code Section 54954 .2.
Such resolutions shall not be presented when resolutions are
required by law, in improvement acts, zoning matters, or
force account work on public projects .
SECTION 10. WRITTEN COMMUNICATIONS
10 .1 Addressed to Council as a Whole:
The City Manager 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 marked "Information Only" .
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.
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 . 2 All Other Communications:
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 marked "Information Only" .
SECTION 11 . STANDING COMMITTEES
11 .1 Budget and Finance Committee:
There shall be a standing committee of the
Council known as the Budget and Finance Committee, whose
duties shall be those as prescribed in the Moorpark
Municipal Code or as otherwise assigned by the Council . The
Committee shall consist of two members, one of whom shall be
the Mayor or Mayor pro tem, who shall also serve as its
chairperson, and the other shall be a Councilmember
appointed by the Council after reorganization of the Council
in November of each year .
11 . 2 Other Standing Committees:
After reorganization of the Council in November
of each year , as required by Section 3.1, the City Council
shall designate any other standing committees it deems
desirable.
11 . 3 Other Committees:
Other committees may be appointed by the Mayor ,
as needed, with the consent of the majority of the members
of the Council.
SECTION TWO. Resolution Nos. 85-160, 86-329 and
86-356 are hereby repealed.
PASSED AND ADOPTED this 19thday of August
1987 .
C eas D.
Mayor of the City of Moorpark,
California
ATTEST:
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n
City er MO; f210111
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CJK/RES8700
MOORPARK
CLINT HARPER, Ph.D. STEVEN KUENY
Mayor _ City Manager
ELOISE BROWN o>p" C CHERYL J. KANE
Mayor Pro Tern F° �2 City Attorney
,JMAS C.FERGUSON JiMigi ° PATRICK RICHARDS,A.I.C.P.
Councilmember �� Director of
JOHN GALLOWAY o`f ' Community Development
Councilmember °9-��� m R.DENNIS DELZEIT
JOHN PATRICK LANE City Engineer
eo
Councilmember JOHN V. GILLESPIE
MAUREEN W.WALL Chief of Police
City Clerk THOMAS P.GENOVESE
City Treasurer
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF MOORPARK )
I, Maureen W. Wall , City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Resolution No.
87-412 was adopted by the City Council of the City of Moorpark at a
meeting held on the 19th day of August , 19 87 , and that the
same was adopted by the following vote:
AYES: Councilmembers Brown, Ferguson, Galloway, Lane and Mayor Harper.
NOES: None.
ABSENT: None.
ABSTAIN: None.
•
WITNESS my hand and the official seal of said City this 2nd day of
September 19 87
Maureen W. Wall , 1rilliiir. 46:¢N_•
City Clerk
(- •�C 1,�.�•1� "41
(seal )
1 Ep
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864