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HomeMy WebLinkAboutRES 2002 421 0211RESOLUTION NO. PC- 2002 -421 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING RESOLUTION NO. PC -99 -373 REGARDING 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 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 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 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 Resolution No. PC- 2002 -421 Page 2 3. Roll Call 4. Proclamations, Commendations and Presentations 5. Reordering of, and Additions to, the Agenda 6. Consent Calendar 7. Public Comments 8. Public Hearings 9. Discussion Items 10. Announcements or Future Agenda Items 11. Adjournment 2.2 Delivery of Agenda: Special 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 Chair or, in his /her absence, by the Vice -Chair who shall serve until the arrival of the Chair. In the absence of both the Chair and the Vice - Chair, 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 -Chair or until adjournment. 2.4 Roll Call /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 Chair called last. Unless otherwise provided for by law, a majority of the Commission shall constitute a quorum sufficient to do business. Resolution No. PC- 2002 -421 Page 3 2.5 Reordering of, and Additions to, 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. In addition to having the opportunity to reorder the agenda as order of business number 5, the Chair 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 Chair that the time for reordering the agenda has arrived. 2.6 Public Comments: 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. Resolution No. PC- 2002 -421 Page 4 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 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 report Questions of Staff by Commission Hearing Opened by Chair Testimony by Applicant Other Public Testimony Rebuttal by Applicant Questions by Commission Hearing Closed by Chair Discussion by Commission Resolution No. PC- 2002 -421 Page s Action by Commission 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 Chair 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 initial presentation shall be limited to thirty (30) minutes, with consultant participation generally limited to answering specific Commission questions. Subsequent presentations by an applicant shall be limited to ten (10) minutes. Written statement cards may be submitted in lieu of addressing the Planning Commission. The number of cards received in favor of, or in opposition to, a public hearing item under consideration will be verbally reported to the Commission by the Secretary along with a brief summary of specific concerns /comments listed on each card. The verbal report will be given following the last public speaker for the public hearing and prior to the rebuttal by the applicant. The names of those submitting written statement cards will be recorded in the minutes of the meeting and the written statement cards will become a part of the official record. 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 Planning Commission and items of a non - routine nature shall be placed under this topic. Resolution No. PC- 2002 -421 Page 5 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 Selection and Term: The Chair 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 January in each year, or at its next regular meeting following the reorganization meeting of the City Council held every even - numbered year, the Commission shall select a Chair and Vice - Chair. Each person so selected shall serve until the first regular meeting of the subsequent January, or until the next regular meeting following the reorganization meeting of the City Council held every even - numbered year, or unless removed sooner 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 Chair occurs for any reason except for removal of the Chair pursuant to this Section, the Vice -Chair shall assume the position of Chair until a successor is chosen. 3.2 Participation of Presidinq Officer: The Presiding Officer may move, second and debate from the chair, subject only to such limitations of debate as are imposed on all Commissioners. He /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 /her designee shall be ex- officio sergeant -at -arms of the Commission. He /she shall carry out all orders and instructions given him /her by the Presiding Officer for the purpose of maintaining order and decorum at the Commission meeting. Resolution No. PC- 2002 -421 Page 7 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 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 ?" SECTION 4. CONDUCT OF COMMISSIONERS 4.1 Decorum and Order: (a) Any Commissioner desiring to speak shall address the Presiding Officer 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 /her question to the Director of Community Development, as appropriate, who shall be entitled either to answer the inquiry himself or to designate some member of his /her 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 /she is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order he /she shall be permitted to proceed. If ruled out of order he /she shall remain silent or shall alter his /her 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 /her integrity, character, or motives are assailed, questioned or impugned. Resolution No. PC- 2002 -421 Page a (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 /her to so act. 4.2 Limitation 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 /she 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 Interest: Any Commissioner prevented from voting on an item because of a conflict of interest shall refrain from the discussion and vote. Once a Commissioner determines that he /she has a financial interest in a decision under the Political Reform Act of 1974, necessitating disqualification, he /she must publicly announce the economic interest which is the subject of the potential conflict of interest, and the fact that he /she is disqualifying himself /herself from any participation in the decision. Such member should leave the Commission dais immediately after announcing the conflict. SECTION 5. CONDUCT OF EMPLOYEES 5.1 Decorum and Order: (a) Members of the staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the 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. Resolution No. PC- 2002 -421 Page 9 SECTION 6. CONDUCT OF THE PUBLIC 6.1 Decorum 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) Willful conduct that is disruptive, including but not limited to, unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall be prohibited by the Presiding Officer. Any person who becomes willfully disruptive while addressing the 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 /her 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 Limitations on Addressinq 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 Planning 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 /her presentation, until that body has completed its deliberations and taken its final action. In case the speaker should have followed an otherwise available appeal procedure, the Presiding Officer shall not allow oral communication to the Commission outside that procedure. Resolution No. PC- 2002 -421 Page 10 (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 Planning Commission 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 Processinq of Motions: When a motion is made and seconded, it shall be stated by the Presiding Officer or, at the request of the Presiding Officer, by the 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 Division of Motion: 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. 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 Resolution No. PC- 2002 -421 Page ii 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 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 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. Resolution No. PC- 2002 -421 Page 12 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 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. Resolution No. PC- 2002 -421 Page 13 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. SECTION 8. 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 Commissioners alphabetically, with the Chair called last. The 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 /her vote recorded as 'aye'. Following the vote, the Presiding Officer shall verbally announce whether the motion carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Any member may change his /her 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. 8.4 Failure to Vote: Resolution No. PC- 2002 -421 Page 14 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. SECTION 9. WRITTEN COMMUNICATIONS 9.1 Addressed to Commission as a Whole: The Director of Community Development or his /her 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 Director of Community Development or his /her designee shall cause a copy of such communication to be sent to each Commissioner. 9.2 All Other Written Communications: Any written communication received at City Hall addressed to the Chair and /or an individual Commissioner shall be opened by the Director of Community Development or his /her 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. 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. Resolution No. PC- 2002 -421 Page 15 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 Chair, as needed, with the approval of the majority of the members of the Commission. SECTION 11. COMMISSION MEETINGS 11.1 Schedule: The Commission shall hold regular 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 Chapter 2.36 of the Municipal Code. SECTION 12. PROCEDURE FOR PLANNING COMMISSION COMMUNICATIONS AND /OR PRESENTATIONS TO THE CITY COUNCIL 12.1 Written Communication: The Planning Commission determined that there are times when it may be beneficial to provide a written communication to the City Council to clarify the Planning Commission's thoughts, ideas, concerns, decisions, and recommendations. The form of written communication may include, but is not limited to, letters, memoranda, minute orders, and reports, as well as majority, concurring, and minority opinions. 12.2 Flexibilitv: The Planning Commission has concluded that the process should remain flexible as to both the form of the written communication and the situations when they would be submitted. Resolution No. PC- 2002 -421 Page 16 12.3 Authorship and Review Process: The Planning Commission may direct one or two Commissioners or Staff to prepare the written communication. In most circumstances, the Planning Commission will consider the written communication for its own review and comment before it is submitted to the City Council. This may be accomplished at the following Planning Commission meeting or in conjunction with approving the meeting minutes when those projects and issues where considered. 12.4 Expedited Written Communications: When time is of the essence, the Planning Commission may direct Staff or appoint a single Commissioner and the Chair to prepare a written communication without further Planning Commission review and comment. 12.5 Attendance at City Council Meetings: The Planning Commission recognizes that there are circumstances where the City Council could benefit from the attendance of a Planning Commissioner at City Council meetings. When those circumstances arise, the Planning Commission will offer a spokesperson to attend the City Council meetings. The Planning Commission also recognizes that the City Council, or one of its members, may at any time request the presence of one or more Commissioners to attend one of its meetings. When such a request is made, the Planning Commission will respond. PASSED AND ADOPTED this 11th day of February, 2002. AYES: Vice Chair Landis, Commissioners Parvin, DiCecco and Haller, and Chair Otto NOES: ABSTAIN: ABSENT: William F. Otto, Chair ATTEST: Deborah S. Traffens edt Acting Community Development Director