HomeMy WebLinkAboutRES CC 1997 1399 1997 1105RESOLUTION NO. 97 -1399
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA DIRECTING THE PLANNING COMMISSION TO STUDY,
SET A PUBLIC HEARING AND PROVIDE A RECOMMENDATION TO THE
CITY COUNCIL PERTAINING TO REVISIONS TO CHAPTER 2.36 OF
THE MOORPARK MUNICIPAL CODE, RELATING TO THE PLANNING
COMMISSION AND ITS POWERS AND DUTIES.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the Planning Commission is hereby directed to
study, set a public hearing, and provide a recommendation to the
City Council pertaining to revisions to the City of Moorpark
Municipal Code Chapter 2.36 relating to the Planning Commission and
its powers and duties.
SECTION 2. That the City Clerk shall certify to the passage
and adoption of this resolution.
PASSED, APPROVED, AND ADOPTED THIS 5th DAY/0-F\ NOVEMBER, 1997.
ATTEST:
\ Lillian Hare, City
atrick/ Hunter, Mayor
Cilf!iL•Z]
2.36.010
Chapter 236 of real property,construction,law,zoning and architecture,
or related subjects.
PLANNING COMMISSION* C. No members of the planning commission shall hold
any other remunerative office or position with the city.
Sections: D. Each commissioner shall serve at the pleasure of
2.36.010 Created. his or her nominating councilmember or his or her succes-
2.36.020 Membership—Term of office. sor. (Ord. 33 § 1 (pan), 1984)
236.030 Qualification.
2.36.040 Removal of members. 2.36.040 Removal of members.
236.050 Absence from meetings. Any member of the planning commission may be
2.36.060 Resignation of members. removed by either of the following:
2.36.070 Ineligibility of coundlmembers. A. A majority vote of the legislative body;
2.36.080 Organization. B. Absence from free(3)consecutive regular meetings
2.36.090 Powers and duties. without formal consent of the commission shall be deemed
2.36.100 Regular meetings. to constitute the resignation of the commissioner and the
2.36.110 Compensation. position declared vacant (Ord. 33 § 1 (part), 1984)
• prior Minute hinny:Ord.2. 2.36.050 Absence from meetings
A. If a member of the planning commission shall be
2.36.010 Crated. absent from three(3)successive regular meetings of the
A planning commission for the city is established with commission,without cause,the office of such member shall
membership,powers and duties as provided in this chapter be deemed to be vacant and the term of such member ipso
and by statutes of the state. (Ord. 33 § I (pan), 1984) facto terminated and the secretary of the planning commis-
sion shall immediately inform the city council of such
236.020 Membership—Term of office. termination.
A. The planning commission shall consist of five(5) B. An absence due to illness or an unavoidable absence
members,to be appointed by the city council.Each member from the city and written notice thereof to the secretary
of the city council shall have the right to nominate one of the planning commission on or before the day of any
(1)member to the commission and the tam of the commis- regular meeting of the commission shall be deemed absence
siona shall be for a period of two(2)years.The appoint- for cause. (Ord. 33 § I (pact), 1984)
meat,or reappointment,as the case may be, shall occur
at the reorganization meeting of the city council held every 2.36.060 Resignation of members.
even-numbered year.If a vacancy shall occur otherwise Any member of the planning commission may resign
than by expiration of a tam,it shall be filled by nomination from the commission.The resignation by the commissioner
by the respective councilmember for the unexpired portion shall be in writing and shall he deemed effective immediate-
of such term.The tam of the ex officio or advisory mem- ly upon receipt by the city clerk regardless of the date
ban shall correspond to their respective terms of office. specified in the resignation.The city desk shall immediately
B. Nothing in this chapter is intended to preclude the inform the city council of any such vacancy by causing
reappointment of any planning commissioner upon the a copy of the resignation to be sent to each councilmember.
expiration of his or her tam. (Ord.33 § 1 (part), 1984) (Ord. 93 § 1, 1988)
2.36.030 Qualifications. 2.36.070 Ineligibility of councilmembers.
A. The members of the commission shall be residents No member of the city council shall be eligible for
and registered voters of the city.When a person serving membership on the planning commission. (Ord. 33 § 1
on the city planning commission ceases to be a resident (pan), 1984)
of the city, the city councilmember responsible for the
nomination shall declare vacant such person's position on 2.36.080 Orgao6ation.
the planning commission and shall nominate another eligible A. At the first regular meeting in January of each year,
person to the unexpired tam of such former member. the planning commission shall elect its chairman from
B. Members of the commission shall,where possible, among the appointed members for the term of one(1)year
be selected on the basis of special knowledge in the fields and, subject to other provisions of law, may create and
fill such other offices as it may determine.
25
2.36.080
B. The commission shall hold regular bimonthly meet- Chapter 2.40
logs as determined by the commission at its first meeting
in January of each year,such determination to include the REDEVELOPMENT AGENCY
dates,time and place of such meetings.
C. The commission may hold such additional adjourned Sections:
or special meetings as may be called in accordance with 2.40.010 Statutory authority.
the provisions of the Government Code. 2.40.020 Designated,
D. If any regular meeting falls on a holiday, it shall
be held on the next scheduled business day and all meetings 2.40.010 Statutory authority.
otherwise scheduled or noticed to he held on a regular meet- Pursuant to Section 33101 of the Community Redevelop-
ing day falling on a holiday shall be held at the meeting menu Law,there is a need for the redevelopment agency
of the next business day without the necessity of any other created by Section 33100 of said Law to function in the
or fuller notice. (Ord. 33 § I (part), 1984) city and said agency shall be known as the redevelopment
agency of the city and shall transact business and exercise
2.36.090 Powers and dates. its powers under the community redevelopment law.(Ord.
The planning commission shall have power,except as 87 § 1, 1987)
otherwise provided by law, to:
A. Recommend to the proper office plans for the regu- 2.40.020 Deslpated.
lation of the fun=growth,development and beautification Pursuant to Section 332W of the Community Redevelop-
of the city in respect to its public and private buildings meat law,the city council declares itself to be the agency
and works,streets,schools,parks,grounds and vacant lots; provided for in Section 2.40.010 of this chapter and all
B. Recommend to the proper office of the mmnicipality, of the rights, powers, duties, privileges and immunities
plans,consistent with the fume growth and development vested by the Community Redevelopment Law in a redevel-
of the city, in order to secure sanitation, proper service opwent agency shall be,and are,vested in the city council.
of all public utilities,shipping and transportation facilities; The city council finds that by saving as the agency,the
C. Make recommendations to any public authorities public interest is saved and the public safety and welfare
or persons with reference to the location of any proposed are promoted in an effective manna.(Ord 87§2, 1987)
buildings,structures or worts;
D. Recommend to the council approval,conditional
approval or disapproval of temative maps of proposed subdi-
visions of land.The council designates the planning com-
mission as its advisory agency with respect to the design
and improvement of proposed subdivisions.Every such
map or plat shall,prior to its final approval or disapproval
by the council,be submitted to the commission for action
thereon:
E. Do such other things as shall be necessary to carry
out the provisions of this chapter and the provisions of
the Conservation and Planning Act of the state,amendments
or any act substituted therefor.(Ord 33§ 1 (part). 1984)
2.36.100 Regular mating.
A regular meeting as provided by law or by ale of the
planning commission,or any regularly advertised public
hearing, shall be deemed a regular meeting. (Ord 33 §
1 (part), 1984)
2.36.110 Compensation
Members of the planning commission shall receive
compensation for their attendance at each meeting of the
commission as deemed appropriate by the city council by
resolution. (Ord. 33 § I (part), 1984)
26
RESOLUTION NO. PC-91-252
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF MOORPARK, CALIFORNIA,
ADOPTING RULES OF PROCEDURE FOR
COMMISSION MEETINGS AND RELATED FUNCTIONS
AND ACTIVITIES .
WHEREAS, Section 2 . 04 . 040 of the Moorpark Municipal Code
requires that the City Council adopt Rules of Procedure to govern
the conduct of its meetings and any of its other functions and
activities; and
WHEREAS, the City Council has adopted said Rules of Procedure and
has directed the Planning Commission to adopt Rules of Procedures
that are consistent with those as adopted by the City Council ;
NOW, THEREFORE, BE IT RESOLVED, by the Planning
Commission of the City of Moorpark that Rules of Procedure for
Commission Meetings and Related Functions and Activities are
hereby adopted, to read as follows :
SECTION ONF. The Procedures of the Commission shall be
as follows :
SECTION 1. GENERAL. PROVISIONS
1 . 1 Purpose:
The purpose and intent of the Commission in adopting
these rules shall be to provide directory guidelines relating to
the conduct of the public business by the Commission. In the
event of any non-compliance with, or violation of, any provision
herein, such shall not be deemed to affect the validity of any
action taken, unless otherwise specifically provided by law.
1 .2 Prnredurpq in Ahatnreof R1i1Pq:
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 .
Resolution No. PC-91-252
SFCTION 2.. CEDER_OF BUSINESS
2 . 1 Agenda:
The Order of Business of each meeting shall be as
contained in the Agenda prepared by the Secretary to the
Commission. The Agenda shall be a listing by topic of the items
of business which shall be transacted or discussed in the
following order:
1. Call to Order
2 . Pledge of Allegiance
3 . Roll Call
4 . Proclamations, Commendations and Special
Presentations
5 . Reordering of, and Additions to, the Agenda
6 . Approval of Minutes
7 . Public Comments
8 . Consent Calendar
9 . Public Hearings
10 . Discussion Items
11 . Staff Comments
12 . Commission Comments
13 . Future Agenda Items
14 . Adjournment
-2-
Resolution No. PC-91-252
2 .2 Delivery of Agenda:
Barring insurmountable difficulties, the Agenda shall be
delivered ordinarily to Commissioners each Thursday preceding the
meeting to which it pertains .
The Agenda shall also be available to the general
public after it is posted. Agenda reports will not be available
to the general public until after distribution to the Commission.
2 . 3 Call to_ Order:
The meeting of the Commission shall be called to order
by the Chairman or, in his or her absence, by the Vice-Chairman
who shall serve until the arrival of the Chairman. In the
absence of both the Chairman and the Vice-Chairman, the meeting
shall be called to order by the Secretary to the Commission. The
Secretary to the Commission shall immediately call for the
selection of a temporary Presiding Officer who shall serve until
the arrival of Vice-Chairman or until adjournment.
2 .4 Roll ('all/Quorum:
Before proceeding with the business of the Commission,
the Secretary to the Commission shall call the roll of the
Commission and the names of those present shall be entered in the
minutes. The order of roll call shall be alphabetical with the
Chairman called last . Unless otherwise provided for by law, a
majority of the Commission shall constitute a quorum sufficient
to do business .
2 . 5 Reord ring of,_and.Additions__tn.,. the Agenda:
Except with majority consent of the Commissioners
present and voting, items may not be taken out of order.
Any Commissioner, the City Manager, the City Attorney,
Director of Community Development or the Secretary to the
Commission may bring to the attention of the Commission new items
of business which can be placed on the agenda by majority vote
for discussion and action in the event of an emergency situation
or when the need to take action arose subsequent to the posting
of the agenda, consistent with applicable State law.
-3-
Resolution No. PC-91-252
In addition to having the opportunity to reorder the
agenda as order of business number 5, the Chairman shall suspend
the item under discussion at 11 : 30 p.m. in order that the agenda
may be reordered by majority vote of the Commissioners present
and voting. The Secretary to the Commission will notify the
Chairman that the time for reordering the agenda has arrived.
2 . 6 Public Cnmmenr4:
Any member of the public may address the Commission on
any subject within the jurisdiction of the Commission which is
not listed on the Agenda as a public hearing item. Speakers will
be heard in the order that their speaker cards are received by
the Secretary to the Commission prior to the Call to Order of the
meeting. A limitation of 3 minutes shall be imposed upon each
speaker. By majority vote of the Commission present and voting,
the number of speakers shall be limited at any single meeting.
The speaker shall be governed by the rules of Sections 6 . 1, 6 . 2
and 6 .3 . Commissioners shall reserve their comments and
responses until the end of the public comments period.
Speakers may be heard at greater length at the end of
the agenda by majority vote of the Commissioners present and
voting. The Secretary to the Commission shall hold over to the
next adjourned regular or regular meeting, timely submitted
speaker cards of speakers who were not heard during the public
comments period, and those speakers shall be given priority in
the order that their speaker cards were originally received
during the public comments period of the next meeting.
Speakers at a regular meeting will not be allowed to
address the same subject at an adjourned meeting of the regular
meeting at which they spoke, except by a four-fifth' s majority
vote of the Commission.
2 .7 Consent Calendar-
Minutes of previous Commission meetings, items of a
routine nature and items recommended to be received and filed
shall be placed on the consent calendar. All items may be
approved by one blanket motion by unanimous vote of those present
and voting. However, a Commissioner may abstain from voting on
any consent calendar item without requesting its withdrawal, and
the Secretary to the Commission shall record any such abstention
-4-
•
Resolution No. PC-91-252
in the minutes . An abstention shall be considered to be a vote
in favor of the motion for purposes of determining unanimous
consent .
Prior to a motion on the consent calendar, any
Commissioner may request that any item be withdrawn from the
consent agenda for separate consideration. Items withdrawn from
the consent calendar shall be considered immediately in the order
that they were withdrawn, provided that the Commissioner who
requested that an item be withdrawn may also request that it be
considered under the Discussion/Action Items portion of the
Agenda. All such items shall be considered at the end of
Discussion/Action Items in the order that they were withdrawn
from the consent calendar.
2 . 8 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 Commission.
Public hearings shall be conducted in the following
•
order:
Staff review
Questions of Staff by Commission
Hearing Opened by Chairman
Testimony by Applicant
Other Public Testimony
Rebuttal by Applicant
Questions by Commission
Hearing Closed by Chairman
Discussion by Commission
Action by Commission
-5-
Resolution No. PC-91-252
Any public hearing which is continued from one meeting
to another shall be placed first on the Agenda under Public
Hearings, and if more than one, shall appear in the same order as
shown on the previous Agenda. The order of the Agenda under
Public Hearings may not be changed, except with the unanimous
consent of the Commissioners present .
Questions or comments from the public shall be limited
to the item under consideration and the speaker shall be governed
by the provisions of Sections 6 . 1 and 6 . 2 . Depending upon the
extent of the Agenda and the number of persons desiring to speak
of an item, the Chairman may, at the beginning of the hearing,
limit testimony, but in no event to less than 3 minutes per
individual . An applicant ' s presentation shall be limited to 30
minutes with consultant participation generally limited to
answering specific Commission questions .
2 . 9 Comments from Commissioners:
Any Commissioner may comment on any matter that is not
on the Agenda.
2 . 10 Discussion/Action Items :
Items that involve recommendations to the City Council
and items of a non-routine nature shall be placed under this
topic .
2 . 11 Future Agenda Items
Any Commissioner who has not previously requested
during the meeting to have an item placed on a future agenda may
do so under this topic.
SECTION 3 . PRESIDING OFFICER
3 . 1 Gelertinn and Term:
The Chairman shall be the Presiding Officer at all
meetings of the Commission, except as otherwise provided in
Section 2 . 3 . At its first regular meeting of December in each
year, the Commission shall select a Chairman and Vice-Chairman.
Each person so selected shall serve until the first regular
meeting of the subsequent December or unless removed sooner
-6-
Resolution No. PC-91-252
pursuant to this Section. Each selection shall be by three (3)
or more affirmative votes, and a failure to achieve such total of
affirmative votes shall be deemed a selection of the incumbent to
remain in office. Each person so selected shall serve until the
end of the one year term or until a successor is chosen (at any
time) by three (3) or more affirmative votes, whichever first
occurs.
If a vacancy in the position of Chairman occurs for
any reason except for removal of the Chairman pursuant to this
Section, the Vice-Chairman shall assume the position of Chairman
until a successor is chosen.
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 Commissioners. He or she shall be accorded all of
the rights and privileges of a Commissioner.
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 Commission. He shall carry out all orders and instructions
given him by the Presiding Officer for the purpose of maintaining
order and decorum at the Commission meeting.
3 .4 R l ; s 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 binding and (even if clearly
erroneous) for purposes of the item under consideration, unless
overridden by a majority vote of the Commissioners present and
voting. Any Commissioner may seek to have the Presiding
Officer' s decision overridden by moving the question "Shall the
decision of the Presiding Officer be sustained?"
_q_
Resolution No. PC-91-252
SECTION 4 . CONDUCT OF COMMISSIONERS
4 . 1 Decnn— nd Order:
(a) Any Commissioner desiring to speak shall
address the chair and, upon recognition by the Presiding Officer,
shall confine himself to the item under debate.
(b) A Commissioner desiring to question the staff
shall address his question to the City Manager, City Attorney or
Department head, as appropriate, who shall be entitled either to
answer the inquiry himself or to designate some member of his
staff for that purpose .
(c) A Commissioner, once recognized, shall not be
interrupted while speaking unless called to order by the
Presiding Officer, a point of order is raised by another
Commissioner pursuant to Section 3 .4 or the speaker chooses to
yield to questions from another Commissioner.
(d) Any Commissioner called to order while he is
speaking shall cease speaking immediately until the question of
order is determined. If ruled to be in order he shall be
permitted to proceed. If ruled out of order he shall remain
silent or shall alter his remarks so as to comply with the rules .
(e) Commissioners shall accord the utmost courtesy
to each other, to City employees, and to the public appearing
before the Commission. They shall refrain at all times from rude
and derogatory remarks, abusive comments and statements as to
integrity, motives or personalities.
(f) The right of a Commissioner to address the
Commission on a question of personal privilege shall be limited
to cases in which his integrity, character, or motives are
assailed, questioned or impugned.
(g) Any Commissioner may move to require the
Presiding Officer to enforce the rules. The affirmative vote of
a majority of the Commission present and voting shall require him
to so act .
-8-
Resolution No. PC-91-252
4 . 2 Jimirarinn of Debate:
A Commissioner should not speak more than once upon any
one item until every other member choosing to speak thereon has
spoken. No member shall speak for a longer time than 5 minutes
each time he has the floor, without the approval of a majority
vote of the Commission present and voting.
4 . 3 Dissents and Protests:
Any Commissioner shall have the right to express
dissent from, or protest to, any action of the Commission and to
have the reason entered in the minutes. If such dissent or
protest is desired to be entered in the minutes, this should be
made clear by language such as, "I would like the minutes to show
that I am opposed to this action for the following
reasons . . . .
4 .4 Conflict of Tnreresr :
Any Commissioner prevented from voting on an item
because of a conflict of interest shall refrain from the
discussion and vote. Such member should leave the Commission
dais immediately after announcing the conflict .
SECTION 5 . CONDUCT OF FMPJ,OYRES
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 Commission.
(b) The City Manager or assigned Department Head
shall insure that all staff members and employees observe such
decorum.
(c) Any staff member or employee, including the City
Manager, desiring to address the Commission or members of the
public shall first be recognized by the Chair. All remarks shall
be addressed to the Chair and not to any one individual
Commissioner or member of the public .
-9-
Resolution No. PC-91-252
SECTION 5. CONDI T OF THE PUBLIC
6 . 1 Decarum and_Order:
(a) Members of the public attending Commission
meetings shall observe the same rules of order and decorum
applicable to the Commission pursuant to Section 4 . 1 .
(b) Wilful conduct that is disruptive, including but
not limited to, unauthorized remarks from the audience, stamping
of feet, whistles, yells and similar demonstrations shall be
prohibited by the Presiding Officer. Any person who becomes
wilfully disruptive while addressing the Commission or while
attending the Commission meeting shall be removed from the room
if the sergeant-at-arms is so directed by the Presiding Officer.
Aggravated cases shall be prosecuted on appropriate complaint
signed by the Presiding Officer.
6 . 2 Manner of Addressing the Commission:
No person shall address the Commission without being
recognized by the Presiding Officer. Any member of the public
desiring to address the Commission shall proceed to the podium
and wait to be recognized by the Presiding Officer. After being
recognized, the speaker shall state his name and address for the
record. All remarks and questions shall be addressed to the
Chair and not to any individual Commissioner, staff member or
other person.
6 . 3 L' .s - .. .. a.. - - - ' .. the Commission:
The making of oral communications to the Commission by
any member of the public during the "Public Comments" portion of
the Agenda shall be subject to the following limitations:
(a) No speaker shall be permitted to address the
Commission on a public hearing item which is not on the Agenda
but which has been scheduled or is under submission for a public
hearing before the City Council or Commission.
(b) No speaker shall be permitted to address the
Commission on an item which is currently before or is under
submission for consideration by a Commission, board, committee or
officer before which the speaker should make his presentation,
-10-
Resolution No. PC-91-252
until that body has completed its deliberations and taken its
final action. In case the speaker should have followed an
otherwise available appeal procedure, the Presiding Officer shall
not allow oral communication to the Commission outside that
procedure .
(c) No speaker shall be permitted to include charges
or complaints against any employee of the City, or any employee
of a private firm or public agency providing a contract service
to the City, regardless of whether such employee is identified in
the presentation by name or by any other reference which tends to
identify the employee . All charges or complaints against an
employee shall be submitted to the City Manager for appropriate
action, and may also be submitted to members of the City Council
by written communication.
(d) If it appears that several speakers desire to
speak regarding any item on the Agenda, the Presiding Officer may
reasonably limit the number of speakers on each side of the
issue . In this regard, preference may be given to speakers who
represent groups of persons who have designated a spokesperson.
SRCTION 7 . MOTIONS
7 .1 Proressing of Mntinn4:
When a motion is made and seconded, it shall be stated
by the Presiding Officer or, at the request of the Presiding
Officer, by the Secretary of the Commission before debate. A
motion so stated shall not be withdrawn by the mover without the
consent of the person seconding it .
7 .2 Oiviginn of Motinn:
If the motion contains two or more divisible
propositions, the Presiding Officer may, and upon request of any
Commissioner shall, divide the same, unless a majority of the
Commissioners present and voting votes not to do so.
7 .3 Precedence of Motions:
When a motion is before the Commission, no motion shall
be entertained except the following, which shall have precedence
in the following order.
-11-
Resolution No. PC-91-252
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 .
7 . 4 Moon 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:
-12-
Resolution No. PC-91-252
Such a motion shall be in order at any time, except as
follows:
(a) when repeated without intervening business or
discussion;
(b) When made as an interruption of another
Commissioner while speaking;
(c) When discussion has been ended and vote on the
motion is pending; or
(d) While a vote is being taken.
A motion to adjourn "to another time" shall be
debatable, but only as to the time to which the meeting is
adjourned.
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 Commissioner 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 rail the Qnegtinn:
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
-13-
Resolution No. PC-91-252
next be taken on any previously made amendments to the main
motion and finally on the main motion.
7 . 9 Motion tQ 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 Moti•• • • ••• - • - _ ' •
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 Commissioner 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 reconsideration has
once been acted upon, no other motion for a reconsideration
thereof shall be made without unanimous consent of the
Commission.
-14-
Resolution No. PC-91-252
SECTION q. VOTING:
8 . 1 Restatement of the Motion:
Upon the request of any Commissioner, the Presiding
Officer shall verbally restate each motion immediately prior to
calling for the vote.
8 . 2 Voting Procedure:
In acting upon every motion, the vote shall be taken
by voice, roll call or any other method by which the vote of
each Commissioner present can be clearly ascertained. The vote
on each motion shall then be entered in full upon the record.
The order of voting shall be the maker of the motion, the
second and then the remaining s Commissioners alphabetically,
with the Chairman called last . The Clerk Secretary to the
Commission shall call the names of all members seated when a
roll call vote is ordered or required. Members shall respond
'aye' , 'no' or ' abstain' , provided that when a vote is
collectively taken by voice or when a method of voting other
than by voice or roll call is used, any Commissioner not
audibly and clearly responding ' no' or 'abstain' or otherwise
registering an objection shall have his vote recorded as ' aye ' :
Following the vote, the Presiding Officer shall
verbally announce whether the motion carried or was defeated.
The Presiding Officer may also publicly state the effect of the
vote for the benefit of the audience before proceeding to the
next item of business.
Any member may change his vote before the next item of
business is called.
8 .3 Roll Call Voting:
A roll call vote shall not be used for any item
before the Commission unless demanded by any Commissioner. It
shall not be in order for members to explain their vote during
roll call .
-15-
Resolution No. PC-91-252
S .4 Failure to Vote :
Every Commissioner should vote unless disqualified for
cause. A Commissioner who abstains from voting on an item
because of being disqualified shall be considered as if absent .
8 . 5 Tie Votes :
When no Commissioner abstains from voting, the motion
shall be lost on a tie vote. Any member who abstains and is
not considered absent shall be deemed to have acquiesced to the
motion and the motion shall be passed on a tie vote.
If a tie vote results at a time when less than all
members of the Commission are present, the matter shall
automatically be continued to the agenda of the next regular
meeting of the Commission, unless otherwise ordered by the
Commission.
SFCTTON 9 . WRITTEN_COMMUNICATIONS
9 . 1 Addressed to Commission qs a Whole:
The City Manager or designee ' s/designee is authorized
to receive and open all written communications addressed to the
Commission as a whole and give it immediate attention to the
end that all administrative business referred to in said
communications, and not necessarily requiring Commission
action, may be disposed of between Commission meetings. The
City Manager' s designee shall cause a copy of such
communication to be sent to each Commissioner.
9 . 2 All Otber Written Communications :
Any written communication received at City Hall
addressed to the Chairman and/or an individual Commissioner
shall be opened by the City Manager' s or his designee and a
copy of such communication shall be provided to each of the
other members .
Any written communication provided to any
Commission committee shall be provided to each of the other
members .
-16-
Resolution No. PC-91-252
Any Commissioner who receives any written
communication on any subject related to the business of the
City Commission, whether or not received at City Hall, shall
cause a copy to be provided to the Secretary to the Commission
who shall cause a copy of such communication to be sent to each
of the other members .
9 . 3 Agenda Item Communications:
Any such communication which relates to an item
pending or to be brought before the Commission shall be
included in the agenda packet for the meeting at which such
item is to be considered.
Regardless of the source, it will take a four-
fifth' s majority vote of the Commission to accept additional
agenda material on the day of the Commission meeting at which
the item is to be considered.
SECTION 10 . COMMITTEES
10 . 1 Committees ;
Committees may be appointed by the Chairman, as
needed, with the approval of the majority of the members of the
Commission.
SECTION 12 . COMMISSION MEETINGS
11 . 1 Schedule '
The Commission shall hold regular monthly or bi-
monthly meetings as determined by the Commission at its first
meeting in January of each year, such determination to include
the dates, time and place of such meetings as set forth in
Ordinance 33 .
-17-
ITEM iO • De
AGENDA REPORT
CITY OF MOORPARK
TO: The Honorable City Council
FROM: Lillian E. Hare, City Clerk
DATE: December 11, 1997 (CC nesting 12/17/97)
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 97- RESCINDING
RESOLUTION 97-1276 AND ADOPTING REVISED ROLES OP
PROCEDURE
BACRGRODND
The Council considered their Rules of Procedure at the Council
meeting of November 19. Staff was directed to make changes to the
resolution to reflect the Council's discussion. To implement the
Council's direction, Sections 2.1, 2.6, 2.9, 2.11, 2. 12, 10.2 and
13 have been revised and the changes shown in legislative format.
The document subsections will be renumbered when the legislative
formatting is removed in the final document.
Mayor Hunter has requested that the Council consider making two
additional changes to the Rules of Procedure as follows:
1. Change the order of business under Section 2.1, Agenda, to
reverse the order of public comments and reordering of, and
Additions to, the Agenda. This section would be rewritten to
add that during reordering, items to be pulled from the
Consent Calendar would be identified. This change would allow
the public and staff to know which items would be individually
considered by the Council.
2. Revise Section 2.3, Special Meeting Agenda Format, to state
that the order of business of special meeting agendas will be
consistent with the order of business of regular meeting
agendas. This will allow the public to comment (under the
public comment section) on items not listed on the special
meeting agenda, which is not presently allowed.
C003SE
Rules of Procedure
December 11, 1997
Page 2
If the Council concurs with the revisions requested by the Mayor in
1. and 2. above, staff will include the revisions in the Rules of
Procedure resolution.
STAFF RECOMMENDATION
Adopt Resolution No.97- rescinding Resolution No. 97-1276 and
revising the Rules of Procedure after determining whether to
include (1) revisions to the order of business relative to Public
Comment and Reordering of, and Additions to, the Agenda; and (2)
revising the format for special meeting agendas to be consistent
with regular meeting agendas.
Attachment: 1) Draft resolution
000389
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, ADOPTING RULES OF
PROCEDURE FOR COUNCIL MEETINGS AND RELATED
FUNCTIONS AND ACTIVITIES AND RESCINDING
RESOLUTION NO. 95-1163.
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, a Council Ad Hoc Committee has recommended
revisions to the Rules of Procedure and the Council has
concurred with the recommendations;
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. GENRRAT, PROVIctONN
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 Abmenrw 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.
000330
sErTION 7, 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:
1. Call to Order
2. I1'tv'OORtion
2. Pledge of Allegiance
3. Roll Call
4. Proclamations and Commendations
5. Reordering of, and Additions to, the Agenda
6. Public Comments
7. Announcements and Future Agenda Items
8. Public Hearings
9. Presentations/Action/Discussion Items
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 z . . _ . . . . . , . • - , . .
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.
000331
2.3 Special Meeting Agenda Forma
Special Meeting agendas will not list public comment but
will carry the notation at the bottom of the agenda that the
public may speak regarding any item listed on the agenda as per
Section 54954.3 (a) of the Government Code.
2.4 Delivery of Agandp:
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.. Tnzaaa icnt
The invocation shag boo*fin& 2.1ccal clirrxg ihee et,-"Silent
Praplu^'° listed` the agen4a vhe1 no one iso flaiishie to floet......
the. invocation4
2.6 Bell CAtl/Ouorum:
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.
2.7 proclamations Md rnmmendatinn.
Proclamations and Commendations shall be limited to the
second regular meeting of the month.
2.8 Reordering of. and Additions to he Agenda.
-3-
000332
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 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 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.
Speakers at a regular meeting will not be allowed to
address the same subject at an adjourned meeting of the regular
-4-
000393
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 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
Presentations/Action/Discussion items portion of the Agenda.
All such items shall be considered at the end of
Presentations/Action/Discussion items in the order that they
were withdrawn from the consent calendar.
2.11 public Heeringe:
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
-5-
G00334
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. At the beginning of a
continued public hearing, the Mayor shall say that anyone who
spoke at the previous public hearing will be limited to three
minutes.
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. 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 presentation shall be
limited to 30 minutes with consultant participation generally
limited to answering specific Council questions. 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. Theater of cards receivved in favor
of, or in opposition tore;-aa.public. hearing...,item;under
consideration viil, bee verbally reported. to the"•council by the
city Clerk along with a brilitamaary of spec £o
concerns/comments listed on *tar card. They verbal: report will
be given following the Las public speaker for the public
h uprior to the.rebuttal',byr theilapplicant•. The.names of
eari
,written statement cards mill ttneoordect in
the minutest of tire Sting and the written, statement' cards will
become,- a part of the official record.
2.12 presentations/Action/n1 srliacinn
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
-6-
00039:
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 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 besubmitte E lieu of
addressing Council. Th. number of earthignicekst..in' favor
of* or opposed to an itin being;considered will Witt titeverbally
reported for the Council byxthee citye Clarke following.the last
public speaker for an Milk!fir names aft thoes subftittiuy
written etatesent cards eta he recorded, in the minutes at the
rating*
-7-
c0033b'
2. 13 Zumgynoemmitialearagadatema
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 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.
SECTION 3. PRESIDING OFFTYFR
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 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 particijatton of Presiding Offiror:
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
-8-
000397
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?"
SFCTTON ¢. CONDUCT OF O M I .NgNR .Rc
4.1 J1arnrum 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.
(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) 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 integrity, character, or motives are assailed,
questioned or impugned.
-9-
000398
(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 Deba e:
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 J1iwnts and Prntpntq:
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 Snnftirt 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.
SECTIONS. CD1WDSZT_Dz_EKELQyzza
5. 1 Decorum and Ordar:
(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.
-10-
000399
SRCTION 4. CONnUCT 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 Mapper of Addressing the rnnnril :
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.
6.3 Jimitatlnna nn AAdrnaaing the rnnnril :
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
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
c00400
Officer shall not allow oral communication to the Council
outside that procedure.
(d) 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.
(e) 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 nr Similar Praaantrtiam
Video or audiotape, slide or similar presentation will
be disallowed unless relative to an item on the agenda. The
audio or videotape, slide or similar presentation must be made
by the person or agency making the presentation. The Council
may limit the total amount of time allocated for presentations
on particular issues and for each speaker. The same
limitations that govern speakers under Sections 2.7, 2.9 and
2.10 shall apply. Presentations shall be limited to the subject
matter jurisdiction of the Council. Those items not germane to
the agenda will be disallowed.
SECTION 7. MOTIONS
7. 1 processing of Mntinn :
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.
-12-
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 nebataPl7 e:
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) )
Pebrtahin:
To Postpone to a Certain Time )
To Commit or Refer to Committee ) Can be
To Amend ) Amended
To Postpone Indefinitely )
The Motion to Reconsider: the motion can
be made when any other motion is before
the assembly, but cannot be acted upon
until the business then before the
assembly is disposed of; when called up,
it takes precedence over all other
motions, except to adjourn, and to fix
the time to which to adjourn.
Motions incidental to those before the
assembly take precedence over them and
must be acted upon first.
7.4 Motion to Fix Hour of Adjournment:
Such a motion shall be to set a definite time at
which to adjourn and may be amended by unanimous vote.
-13-
0004Q2
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 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 TThlq:
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 T•imit niaruaaign:
Such a motion shall be used to limit the time
allowed each Councilmember to peak 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 Snapnn4 the Ru1eq:
Such a motion shall be used to suspend these rules
of procedure and shall include a statement of the purpose of
-14-
000403
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 - ertain 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 Mntinn 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. The
agenda item to appear on Discussion/Action 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.
$RCTION a. VOTTNJ :
8.1 Restatement of the Mntinn:
Upon the request of any Councilmember, the
Presiding Officer shall verbally restate each motion
immediately prior to calling for the vote.
8.2 Voting Prncedura:
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
-15-
000404
ascertained. The vote on each motion shall then be entered
in full upon the record. The order of voting shall be the
maker of the motion, the second and then the remaining
Councilmembers alphabetically, with the Mayor called 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' .
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 fund; 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 Vntp:
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 Vnt.A:
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
-16-
00040Z
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.
SRCTION 9. ORDIN N oc AND R Cnr flIONC
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.
9.3 d, - . Not Prepared In Advance:
When an ordinance of resolution has not been
prepared in advance, the Council, by majority vote of the
members present and voting, shall instruct the City Manager
-17-
00040€
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 Rrcenry Rnan1 'tinns:
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.
SECTION 10. WRITTEN COMMUNISATIONS
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 Wri n o +ni a ions:
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 designee and a
copy of such communication shall be provided to each of the
other members.
Any Councilmember who receives vs y=.+«uL... 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 crested
will be copied to the tut*
Council i., thwis reading file +.a by individual ..op, unless
tar Council•;is listt as, a Carbon, cope isr which^ case each
council amber;will beprovided-an ind vidua% copy. Any
anintaluteitborOltho goneratat arty written nenn niestien
-18-
000407
relate* tee* business of the city, other than et City
Rail, shalt caa 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 m o ni a ion
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.
-19-
000408
10.4 nasnnrch
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.
SRCTTON 11. COUNCIL M ETIN c
11.1 Srhndule:
In addition to regularly scheduled meetings as set
forth in Ordinance No. 85, 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.
crrTTON 12. ANNUAL REVIEW
The City Clerk will annually review the Rules of
Procedure with the Mayor and City Manager.
SECTION 13. Resolution No. 05 1161 9-7+42/6 is
hereby repealed.
PASSED AND ADOPTED this 5th day of November, 1997.
Patrick Hunter, Mayor
ATTEST:
City Clerk
o:myfiles\1h\reports\proceaur.97
-20-
000409
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of
perjury that the foregoing Resolution No. 97 -1399 was adopted by the City Council of the City of
Moorpark at a meeting held on the 5' day of November, 1997, and that the same was adopted by the
following vote:
AYES: Councilmembers Evans, Teasley, Wozniak and Mayor Hunter
NOES: Councilmember Perez
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 14th day of November, 1997.
Lillian E. Hare, CMC
City Clerk