HomeMy WebLinkAboutAGENDA REPORT 1991 0717 CC REG ITEM 08NiTEu n, No
MOORPARK
799 Moorpark Avenue Mo� rpark, Cali+ornia 93021
M E M O R A N D U M
TO: The Honorable City Counci_,
FROM: Lillian E. Kellerman, City Clerk
DATE: July 10, 1991 (CC Meeting 7/19/91)
SUBJECT: RULES OF PROCEDURE
BACKGROUND
(805) 529 -6864
OORPARK, CALIFORNIA
City Co ncfl Meefing
of - -2-- 199
By
W
At the City Council meeting of .Tune 19, 1991, the Council
considered changes to the current Ruses of Procedure as well as the
implementation of certain practices with the objective of
shortening the length of Council meetings. Council direction was
to bring back a resolution amendin,ai the Rules of Procedure for
adoption at this meeting.
The existing Rules of Procedure with the proposed amendments is
attached. Amendments encompass the :hanges, and certain practices
which could be appropriately added to the Rules of Procedure,
discussed and receiving Council c(.,ncurrence at the June 19th
meeting. Additionally, amendments have been included that reflect
the changes to the Rules of Procedure necessitated by the new
Elected Mayor's position and certain "housekeeping" amendments
needed to reflect current practice or to correct typos. Text
proposed for addition to the Rules c,' Procedure is hi- lighted and
deletions are lined through.
The added first paragraph under 10.2 of the Rules of Procedure will
be reviewed by the City Attorney. 'This language conforms to the
current practice of routing mall addressed to an individual
Councilmember and /or the Mayor.
RECOMMENDATION
Adopt the proposed Rules of Procedur, Resolution No. 91—,-'/-V.
Attachments:
1) Proposed resolution.
2 ) Excerpt from draft minutes of ,71 tle 1 c) , 1991.
PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONT(;OMi
HOY E. T LLEY JR JOHN E WOZNIAK
Mayor Mayor Pro Tem Councilmembe
Cou nc- �r-iember Cou nc it membe r
RESOLUTION NC.
A RESOLUTION OF THE CIT) COUNCIL OF THE
CITY OF MOORPARK, CALIFORNIA, ADOPTING
RULES OF PROCEDURE FOR COUNCIL MEETINGS
AND RELATED FUNCTIONS AND ACTIVITIES AND
RESCINDING RESOLUTION Nf, 87 -47.2.
WHEREAS, Section 2.04.040 of the Moorpark Municipal
Code requires that the City Council adopt Rules of Procedure
to govern the conduct of its meetings and any of its other
functions and activities;
NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Moorpark that RulE•s of Procedure for City
Council Meetings and Related Functions and Activities are
hereby adopted, to read as follow:
SECTION ONE. The Procedures of the City Council
shall be as follows:
SECTION 1. GENERAL PROVISIONS
1.1 Purpose:
The purpose and intent c.f the City Council in
adopting the within rules shall L,e to provide directory
guidelines relating to the conduct of the public business by
the Council. In the event of and non - compliance with, or
violation of, any provision herein, such shall not be deemed
to affect the validity of any act ion 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 Ct-der, Newly Revised, shall
be used as a guide.
SECTION 2. ORDER OF BU,'-]--NESS
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 topi, of the items of business
which shall be transacted or disc-,issed in the following
order:
1. Call to Order
2. Pledge of Allegiar �e
3. Roll Call
4. Proclamations, Com,nendatians and Special
Presentations
5. Reordering of, anc- Additions to, the Agenda
6. Public Comments
7. Committee Reports
8. Consent Calendar
9. Public Hearings
10. Comments from Coun,�ilmembers
11. Discussion /Action tems
12. Ordinances
13. Future Agenda Item
14. Closed Session
(If none are scheduled to be held prior to the
Agenda deadline, tYen Agenda shall so
indicate)
15. Adjournment
Items which require a roll call vote shall be so
noted on the agenda. Discussion /action items which are
judged by the City Manager to be Of high priority shall be
indicated by an asterisk.
2.2 Delivery of Ayendaa
Barring insurmountable difficulties, the Agenda
shall be delivered ordinarily to :ouncilmembers each Friday
preceding the meeting to which it pertains.
The Agenda shall also be available to the general
public at -t -he --tie it is delivered -te the ���l after
ti..
_1.
2.3 Call to Order:
The meeting of the Council shall be called to order
by the Mayor or, in his or her absence, by the Mayor Pro Tem
who shall serve until the arriva of the Mayor. In the
absence of both the Mayor and the-= Mayor Pro Tem, the meeting
shall be called to order by the ('ity Clerk. The City Clerk
shall immediately call for the selection of a temporary
Presiding officer who shall serves until the arrival of the
Mayor or Mayor Pro Tem or until adjournment.
2.4 Roll Call/ uorumr�
Before pro ing with t:.he business of the Council,
the City Clerk shal ce the roll of the Councilmembers and the
names of those present shall be entered in the minutes. The
order of roll call shall be alphabetical with the Mayor
called last. Unless otherwise provided for by law, a
majority of the Council shall constitute, a quorum sufficient
to do business.
2.5 Reordering of, and Additions to, the Agenda.
Except with majority consent of the Councilmembers
present and voting, items may not be taken out of order.
Any Councilmember, the {ity 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 situat'on or when the need to take
action arose subsequent to the pasting of the agenda, as
specified in Government Code Section 54954.2.
In addition to having tt�e opportunity to reorder
the agenda as order of business number 5, the Mayor shall
suspend the item under discussion at 31, p.m. in
order that the agenda may be reordered by majority vote of
e Councilmembers present and votina. Tfi
2.6 Committee Reports,:
Reports to the City Council from committees of the
Council n t
4 V�
shall be placed under this topic
2.7 Public Comments:
Any member of the public may address the Council on
any subject within the jurisdiction of the City Council
which is not listed on the Agenda as a public hearing item.
Speakers will be heard in the order that their speaker cards
are received by the City Clerk prior to the Call to Order of
the meeting. A limitation of 3 minutes shall be imposed
upon each speaker. By majority vote of the Councilmembers
present and voting, the number of speakers shall be limited
at any single meeting. The speaker shall be governed by the
rules of Sections 6.1, 6.2 and t�.3. Councilmembers shall
reserve their comments and responses until the end of the
public comments period.
Speakers may be heard cat greater length at the end
of the agenda by majority vote c;f 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 yublic comments period of the
next meeting.
2.8 Consent Calendar:
Minutes of previous City Council meetings, items of
a routine nature and items recommended to be received and
filed shall be placed on the consent calendar. All items
may be approved by one blanket motion by unanimous vote of
those present and voting. However, a Councilmember ma
abstain from voting on any consent calendar item withouy
t
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 jt, be considered under the
Discussion /Action Items portion ot: 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.
2.9 Public Hearings:
Items shall be placed under this topic if (i) a
public hearing is required by law; (ii) the item is the
consideration of an application <:r an appeal; or (iii) the
item has been set for public heating by the City Council.
Public hearings shall h#� conducted in the following
order:
Staff review
Questions of Staff by C<- unc i l
Hearing Opened by Mayor
Testimony by Applicant.
Other Public Testimony
Rebuttal by Applicant
Questions by Council
Hearing Closed by Mayor
Discussion by Council
Action by Council
Any public hearing which is continued from one
meeting to another shall be placed first on the Agenda under
Public Hearings, and if more than one, shall appear in the
same order as shown on the previous Agenda. The order of
the Agenda under Public Hearings may not be changed, except
with the unanimous consent of the Councilmembers present.
Questions or comments from the public shall be
limited to the item under consideration and the speaker
shall be governed by the provisions of Sections 6.1 and 6.2.
Depending upon the extent of the Agenda and the number of
persons desiring to speak of an item, the Mayor may, at the
beginning of the hearing, limit testimony, but in no event
to less than 3 minutes per individual. Any per-son may speak
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conducted in accordance with the principles of due process,
and the City Attorney shall adv;se the City Council in this
regard of any modification of, rr addition to, the conduct
of the hearing set forth in thi.! subseiz- t:ion.
2.10 Comments from Councilmembers:
Any Councilmember may (_omment on any matter that is
not on the Agenda.
2.11 Discussion /Actiori_Items
Items that involve the establishment of City policy
and items of a non - routine natul shall. be placed under this
topic.
2.12 Future Agenda Items
Any Councilmember who h.is not previously requested
during the meeting to have an it -m placed on a future agenda
may do so under this topic.
...:..::...:
Clone a A..=
SECTION 3. PRESIDING__ O}, F ICER
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
- ThG ` l�f faun r F �- �'�.�.� `• _ __ » .:;:- _ ... ,- .:,_ .- .
In accordance with Goveryxment Code Section 36801,
the Council shall meet on the Tuesday after certification of
the results of each general munic:pal election (even
numbered years) and shall also me('t 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) of more affirmative votes,
and a failure to achieve such tot, -1 of affirmative votes
shall be deemed a selection of tho incumbent to remain in
office. Each person so selecte(I laa l l !: rve ;inti 1 a
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successor is chosen (at any rim.) by three (3) or more
affirmative votes.
3.2 Participation of iresiding Officer:
The Presiding Officer may move, second and debate
from the chair, subject only to such limitations of debate
as are imposed on all councilmembers. He shall be accorded
all of the rights and privilege:: of a councilmember.
3.3 Maintenance of Orcier:
The Presiding Officer is responsible for the
maintenance of order and decorum at all times. The head of
the City's police agency or his Designee shall be ex- officio
sergeant -at -arms of the Council. He shall carry out all
orders and instructions given him by the Presiding Officer
for the purpose of maintaining cder and decorum in the
Council Chambers.
3.4 Rulings Final Unless-Overruled:
The Presiding Officer sriaii decide all questions of
interpretation of these rules, p,Ants of order, maintenance
of order or other questions of pr*ocedure requiring rulings.
Any such decision shall be final and shall be binding and
legally effective (even though cnearly erroneous) for
purposes of the item under consideration, unless overridden
by a majority vote of the Counci members present and voting.
Any Councilmember may seek to ha,,,e the Presiding Officer's
decision overridden by moving th" question "Shall the
decision of the Presiding Office be sustained ?"
SECTION 4. CONDUCT OF c'OUNCILMEMBERS
4.1 Decorum and Order
Ii A
3.2 Participation of iresiding Officer:
The Presiding Officer may move, second and debate
from the chair, subject only to such limitations of debate
as are imposed on all councilmembers. He shall be accorded
all of the rights and privilege:: of a councilmember.
3.3 Maintenance of Orcier:
The Presiding Officer is responsible for the
maintenance of order and decorum at all times. The head of
the City's police agency or his Designee shall be ex- officio
sergeant -at -arms of the Council. He shall carry out all
orders and instructions given him by the Presiding Officer
for the purpose of maintaining cder and decorum in the
Council Chambers.
3.4 Rulings Final Unless-Overruled:
The Presiding Officer sriaii decide all questions of
interpretation of these rules, p,Ants of order, maintenance
of order or other questions of pr*ocedure requiring rulings.
Any such decision shall be final and shall be binding and
legally effective (even though cnearly erroneous) for
purposes of the item under consideration, unless overridden
by a majority vote of the Counci members present and voting.
Any Councilmember may seek to ha,,,e the Presiding Officer's
decision overridden by moving th" question "Shall the
decision of the Presiding Office be sustained ?"
SECTION 4. CONDUCT OF c'OUNCILMEMBERS
4.1 Decorum and Order
(a) Any Councilmember desiring to speak shall
address the chair and, upon recognition by the Presiding
Officer, shall confine himself to the item under debate.
(b) A Councilmember desiring to question the staff
shall address his question to the City Manager, City
Attorney or Department head, as appropriate, who shall be
entitled either to answer the inquiry himself or to
designate some member Of his staff for that purpose.
(c) A Councilmember, once recognized, shall not be
interrupted while speaking unless called to order by the
Presiding Officer, a point of order is raised by another
Councilmember pursuant to Section 3..4 or the speaker chooses
to yield to questions from anothe=r Councilmember.
(d) Any Councilmember .`alled 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 remark: so as to comply with the
rules.
(e) Councilmember shalj 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, :.haracter_, or motives are
assailed, questioned or impugned
(g) Any Councilmember may move to require the
Presiding Officer to enforce the rules. The affirmative
vote of a majority of the Council present and voting shall
require him to so act.
4.2 Limitation of Debat¢.�:
A Councilmember should n «..)t speak
upon any one item until every other member
thereon has spoken. No member shall speak
than 5 minutes each time he has the floor,
approval of a majority vote of tht Council
voting.
4.3 Dissents and Protests:
more than once
choosing to speak
for a longer time
without the
present and
Any Councilmember shall have the right to express
dissent from, or protest to, any action of the Council and
to have the reason entered in the minutes. If such dissent
or protest is desired to be entered in the minutes, this
should be made clear by language such as, "I would like the
minutes to show that I am opposed to this action for the
following reasons. ."
4.4 Conflict of Intere:E; -t:
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.
SECTION 5. CONDUCT OF EMPLOYEES
5.1 Decorum and Order:
(a) Members of the staff and employees of the City
shall observe the same rules of procedure and decorum
applicable to members of the Council.
(b) The City Manager shall insure that all staff
members and employees observe such decorum.
(c) Any staff member or employee, including the
City Manager, desiring to address the Council or members of
the public shall first be recognized by the Chair. All
remarks shall be addressed to the Chair and not to any one
individual Councilmember or member of the public.
SECTION 6. CONDUCT OF THE PUBLIC
6.1 Decorum and Order:
(a) Members of the public attending Council
meetings shall observe the same riles of order and decorum
applicable to the Council pursuan to Section 4.1.
(b) Wilful conduct that is disruptive, including
but not limited to, unauthorized aemarks 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 s so directed by the
Presiding Officer. Aggravated ca; ;es shall be prosecuted on
appropriate complaint signed by the Presiding Officer.
6.2 Manner of Addressinii_ the Council:
IRE
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 ether person.
6.3 Limitations on Addressinct the Council:
The making of oral communications to the Council by
any member of the public during the "Public Comments"
portion of the Agenda shall be - ibject to the following
limitations:
(a) No speaker shall bty permitted to address the
Council on a public hearing item which is not on the Agenda
but which has been scheduled or s under submission for a
public hearing before the Counci
(b) No speaker shall be permitted to address the
Council on an item which is currently before or is under
submission for consideration by a City commission, board,
committee or officer before which the speaker should make
his presentation, until that bode has completed its
deliberations and taken its final action. In case the
speaker should have followed an otherwise available appeal
procedure, the Presiding Officer shall not allow oral
communication to the Council out -,Ae 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 pre. : : ;entation by name or by any
other reference which tends to identify the employee. All
charges or complaints against an !Mployee shall be submitted
to the City Manager for appropria-:e action, and may also be
submitted to members of the Counc: L. by written
communication.
(d) If it appears that r,everal speakers desire to
speak regarding any item on the Ac4enda, the Presiding
Officer may reasonably limit the rumber of speakers on each
side of the issue. In this regar,, preference may be given
to speakers who represent groups persons who have
designated a spokesperson.
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SECTION 7. MOTIONS
7.1 Processing of Motions:
When a motion is made and seconded, it shall be
stated by the Presiding Officer or, at the request of the
Presiding Officer, by the City Clerk before debate. A
motion so stated shall not be withdrawn by the mover without
the consent of the person seconding it.
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 anc votinq votes not to do so.
7.3 Precedence of Motions:
When a motion is before the Council, no motion
shall be entertained except the following, which shall have
precedence in the following order
The ordinary motions rank as follows, and
any of them (except to amend) can be made
while one of a lower order is pending,
but none can supersede one of a higher
order. Motions to limit: discussion, to
call the question and tc; suspend the
rules require a two- thir.ls vote; all
other motions require care y i majority
vote:
Not _Debatable:
To
Fix the
Time of Adjournment )
To
Adjourn
(when unqualified) ) Cannot
To
Table
) be
To
Limit Discussion
(23 vote) ) Amended
To
Call the
Question (2/3 vote) )
To
Suspend
the Rule (2/3 vote) )
Debatable:
To Postpone to a Ceitain Time )
To Commit or Refer «o Committee ) Can be
To Amend ) Amended
To Postpone Indefin tely )
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The Motion to Reconsid(�r: the motion can
be made when any other motion is before
the assembly, but cannc,t be acted upon
until the business then before the
assembly is disposed ot; when called up,
it takes precedence over a11. r?ther
motions, except to adjourn, and to fix
the time to which to aciourn.
Motions incidental to those before the
assembly take precedence over them and
must be acted upon firs *:.
7.4 Motion to Fix Hour of Adjournment:
Such a motion shall be ra.o set a definite time at
which to adjourn and may be amenled by unanimous vote.
7.5 Motion to Adjourn:
Such a motion shall be n carder at any time, except
as follows:
(a) When repeated withf)ut intervening business or
discussion;
(b) When made as an inlerruptz.on of another
Councilmember while speaking;
(c) When discussion ha, 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 t:i_r< tD which the meeting is
adjourned.
7.6 Motion to Table:
Such a motion shall be used to temporarily bypass
the subject and shall preclude ali amendments or debate of
the subject under consideration. If the motion prevails,
the item may be "taken from the t,tble'l at any time prior to
the end of the next regular meeting,
7.7 Motion to Limit .)is(: °ussion
Such a motion shall be u:;.ed to limit the time
allowed each Councilmember to peal' to, or to appoint a time
at which discussion shall clos( tho -, -;uestion of the main
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motion and any previously made amendment to the main motion.
If a motion to limit the time al ':owed 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 spo�er..
7.8 Motion to Call the Question:
Such a motion shall be rased 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 mrtiom.
7.9 Motion to Suspend the Rules:
Such a motion shall be ..sed to suspend these rules
of procedure and shall include a statement of the purpose of
the suspension. If the motion fc-lils, the motion shall not
be renewed for the same purpose ;t the same meeting, but it
may be renewed for the same purpose at �n adjourned meeting
of that meeting.
7.10 Motion to Postponf..to a Certain Time:
Such a motion shall be .;mendable and debatable only
as to propriety of postponement nd 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, btit an amendment relating to
a different matter shall not be �n order. A substitute
motion on the same subject shall be acceptable, and voted on
before a vote on the amendment. Amendments shall be voted
first, then the main motion as amended.
7.12 Motion Reconsideration:
Any Councilmember who vcP'::.ed with
move a reconsideration of any vot- at the
the next regular meeting. After g motion
reconsideration has once been actad upon,
for a reconsideration thereof sha 1 he may
unanimous consent of the Council
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the majority may
same meeting or at
for
no other motion
le without
SECTION 8. VOTING:
8.1 Restatement of .th,, Motion:
Upon the request of and Councilmember, the
Presiding Officer shall verbally restate each motion
immediately prior to calling for the vote.
8.2 Votin Procedure:
In acting upon every motion, the vote shall be
taken by voice, roll call or any other method by which the
vote of each Councilmember present can be clearly
ascertained. The vote on each motion shall then be entered
in full upon the record. The order of voting shall be the
maker of the motion, the second and then the remaining
Councilmembers alphabetically, = :. >::::
The Clerk shall call the names of allhmembers 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 objecti(,n 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 h -. 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 cal_R vote shall not be used
for any other item before the Council unless demanded by any
Councilmember. It shall not be it order for members to
explain their vote during roll -a t.
8.4 Failure to Vote:
Every Councilmember should vote unless disqualified
for cause. A Councilmember who ak stains from voting on an
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item because of being disqualif`i�d shall be considered as if
absent.
8.5 Tie Votes:
When no Councilmember abstains from voting, the
motion shall be lost on a tie vote. Any member who abstains
and is not considered absent sha;..l be deemed to have
acquiesced to the motion and the motion shall be passed on a
tie vote.
When all Councilmembers are present, a tie vote on
whether to grant an appeal from official action or on a
quasi - judicial matter shall be considered a denial of such
appeal or matter, unless the Council takes other action to
further consider the appeal or matter. If a tie vote
results at a time when less than all members of the Council
are present, the matter shall automatically be continued to
the agenda of the next regular meeting of the Council,
unless otherwise ordered by the council,
SECTION 9. ORDINANCES AND RESOLUTIONS
9.1 Definition:
The legislative acts of the Council (rules of
public conduct for long -term app ication) 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 memorial ization.
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 �i par.ticul.ar action
pertains.
�l
9.2 When Prepared in ,�dvanCE>
All ordinances shall b- read Ln full either at the
time of introduction or passage unless, after reading the
title, further reading is wa:ivei by unanimous vote of the
Councilmembers present and vot:i q.
When a resolution has been prepared in advance, it
need not be read in full or by title, except to identify it.
Any Councilmember may require that the resolution be read in
full .
9.3 When Not Prepared n_,Advgnce:
When an ordinance of resolution has not been
prepared in advance, the Counci.1,, by majority vote of the
members present and voting, shaai instruct the City Manager
or the City Attorney to prepare it for presentation at a
specified later time in the samr meeting or at a future
Council meeting.
9.4 Urgency Resolutions:
A resolution may be presented verbally in motion
form, together with instructions for written preparation for
later execution, in an emergency situation or when the need
to take action arose subsequent ':.o the posting of the
agenda, as specified in Government Code Section 54954.2.
Such resolutions shall not be presented when resolutions are
required by law, in improvement.,,jcts, zoning matters, or
force account work on public pra ects.
SECTION 10. WRITTEN_COMMUNICATIONS
10.1 Addressed to Coun�:. ilas a Whole:
The City Manager or dOsighee 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 busi:,,ess referred to in said
communications, and not necessar:�l_y requiring Council
action, may be disposed of betwee�t Council meetings. The
City Manager shall cause a copy (:)l'. such communication to be
sent to each Councilmember.
10.2 All Other Wi tt n _ommunications:
✓ � ������t c� f,� ,;� ?: ' � �''� cG � �.� Vic' ����
i1 17 X ,
Any Councilmember who receives any written
communication on any subject related to the business of the
City, whether or not received at city Hall, shall cause a
Any such communication which relates to an item
pending or to be brought before the Council shall be
included in the agenda packet fore the meeting at which such
item is to be considered.
TO
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Letters of appeal from administrative or commission
decisions shall be processed under applicable provisions of
the Municipal Code or other ordinance.
SECTION 11. STANDING COMMITTEES
11.1 Budget and Finance Committee:
There shall be a standing committee of the Council
known as the Budget and Finance Committee, whose duties
shall be those as prescribed in t.tie Moorpark Municipal Code
or as otherwise assigned by the C <:)uncil. The Committee
shall consist of two members, one of whom shall be the Mayor
or Mayor Pro Tem, who shall also verve as its chairperson,
and the other shall be a Councilmember annointed by the
11.2 Other Standing Committees
After 4:- ne -Geune l— in - Nevember -e-f
— theeie or� �f t}
y .'g
Md .... r --v fi n':eackz :�ea� the Cit Council shall deli nate
any other standing committees .t leems desirable.
11.3 Other Committees
Other committees may be ippointed by the Mayor, as
needed, with the eensent approval of the majority of the
members of the Council.
-1-/ --
COVNCT m9]kT'I
NGS
... .............
�� be
city
repealed. SECTION TWO. Resolut is -r H,). 1t7-412 is hereby
1991.
PASSED AND ADOPTED thi: _ day of
�
ATTEST:
City Clerk
-1
Mayor of the City of Moorpark,
Cal fornia
MINUTES -OF THE CITY COUNCIL
Moorpark, California Page
June 19, 1991
Mayor Lawrason alsc commented oitthe excellence of
the Gang Meeting..
AT THIS POINT in the meeting a :recess was declared. The
time was 9:15 p.m.
The meeting reconvened a 11):35 p.m.
11. ACTION /DISCUSSION ITEMS:
A. Consider a Report Regarding City Council Rules of
Procedure Related to Meeting Conduct. Staff
Recommendation: Direct staff as deemed
appropriate.
Ms. Kellerman defer r-ed the staff report.
The Council concurr(-d to make the following changes
to the rules of pro,7edure:
Section 2.5 - Reordering of the agenda to take
place at 10:30 p.m, The City Clerk to notify the
Council that the } i~ e for reordering the agenda has
arrived.
Section 2.7 - Those persons who spoke at a regular
meeting concerning :i particular item will not be
allowed to address the Council at an adjourned
meeting on the same item, except by a 4/5 vote of
the Councilmembers resent and voting.
Section 2.9 - An pplicant's presentation to be
limited to 30 minut(:s with consultant participation
generally limited o answering specific Council
questions.
Section 2.13 - losed Session held at the
conclusion of a mee inc shall begin no later than
11:30 p.m.
The Council conctirr-1 cn the following practices:
1) City Council reeting: to start promptly at
7:00 p.m.
2) Special meet.in(�s for Closed Session to begin
at 5:45 p.m.
MINUTES OF THE CITY COUNCIL
Moorpark., California page 10
14 F une 19, 1991
3) Standing Courjcil committee meetings (except
for Affordabljz Housing) to be scheduled for
Monday afternr ions .
4) Breaks to be limited to one 15 minute break to
be held at 9: 5 p.m.
5) Regardless of the source, it will take a super
majority vot( of the Council to accept
additional agenda material on the day of the
Council meetiitq it which the item is to be
considered.
6) The City Attorney to be present at 4:00 p.m.
on the lst and 3rd Wednesday of the month to
be available ! -or meetings with staff and /or
Council committees.
7) Brief written reports from the City Attorney.
and /or City Manager regarding Closed Session
items for discussion will be provided to the
Council prior 'o the Closed Session.
8) If upon revie�, of the agenda, the Mayor or
City Manager determined that a study session
is needed for 1 complex issue, such will be
scheduled or, tle 4th Wednesday of the month.
9) Continue with
meeting on the
as needed and
schedule meeti
required.
the practice of an adjourned
second Wednesday of the month
use the fourth Wednesday to
igs for special purposes when
MOTION_ Councilmember Montgomery moved and Mayor
Lawrason seconded a motion to authorize the Mayor to work
with staff to bring back ::A resolution incorporating the
Council procedures as disc. ussed and concurred upon by the
Council, for adoption at t:he meeting of July 17, 1991 and
to institute the new procedures and practices with the
next meeting. The moti.cn car.ri.ed by unanimous voice
vote.
B. Consider the Matter of Allowing Auto Body Repair
and Painting in Commercial Zones within the City.
Staff Recommendation: Direct staff as deemed
appropriate.
Mr. Richards gave thf staff report.