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Honorable City Council
April 20, 2016, Regular Meeting
Page 2
DISCUSSION
The Council's discussion should also include consideration for changing the start times or
days of the week for the Finance, Administration and Public Safety Committee
(Parvin/Pollock), which currently meets at 6:00 p.m. on the first Wednesday of each month
and the Community and Economic Development Committee (Mikos/Pollock), which currently
meets on the third Wednesday of each month at 6:00 p.m.
Staff is recommending the new start time for City Council meetings begin with the June 1,
regular meeting. Advertising the new start time will be included in the City Newsletter &
Recreation Guide, which is published in May. Staff will advertise the meeting time change on
the City's website and government channel and will make certain that any effective date of a
changed meeting time does not impact any public hearing item for which a notice has already
been published and/or distributed.
A Notice of Meeting Time Change will be disseminated to all Moorpark Commissions and
Boards, Water Works District I, Southern California Edison, The Gas Company, Moorpark
Chamber of Commerce, Building Industry Association, County of Ventura, Ventura County
Cities, and to all subscribers to "Notify Me" for Moorpark City Council meeting agendas.
STAFF RECOMMENDATION
1) Adopt Resolution No. 2016- changing the start time of regular meetings from 7:00
p.m. to 6:30 p.m. beginning with the regular meeting of June 1, 2016, and rescinding
Resolution No. 2012-2148; and
2) Direct staff regarding any change in meeting time for the Finance, Administration, and
Public Safety Committee and the Community and Economic Development Committee.
Attachment: Draft Resolution
34
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Resolution No. 2012 31182016-
Page 3
2.3 Special Meeting Agenda Format:
The order of business of special meeting agendas shall generally be consistent with
the order of business of regular meeting agendas, although not all regular items of
business must be included. Public Comments shall be included on all special meeting
agendas.
2.4 Delivery of Agenda:
Barring insurmountable difficulties, the agenda for regular meetings shall be
delivered ordinarily to Councilmembers each Friday preceding the meeting to which it
pertains.
The agenda shall also be available to the general public after it is posted. Agenda
reports will not be available to the general public until after distribution to the Council.
2.5 Call to Order
The meeting of the Council shall be called to order by the Mayor or, in his or her
absence, by the Mayor Pro Tempore who shall serve until the arrival of the Mayor. In the
absence of both the Mayor and the Mayor Pro Tempore, the meeting shall be called to
order by the City Clerk. The City Clerk shall immediately call for the selection of a
temporary Presiding Officer who shall serve until the arrival of the Mayor or Mayor Pro
Tempore or until adjournment.
2.6 Roll Call/Quorum:
Before proceeding with the business of the Council, the City Clerk shall call the roll
of the Councilmembers and the names of those present shall be entered in the minutes.
The order of the initial roll call shall be alphabetical with the Mayor or Presiding Officer
called last. Unless otherwise provided for by law, a majority of the Council shall constitute a
quorum sufficient to do business.
2.7 Proclamations and Commendations:
Proclamations and Commendations shall typically be scheduled for regular Council
meetings, but may be scheduled for a special meeting as determined appropriate by the
Mayor and City Manager.
37
I Resolution No. 2012 31482016-
Page 4
2.8 Public Comments:
Any member of the public may address the Council on any item within the subject
matter 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. All speaker cards for Public Comments must
be received prior to the Mayor's call for speaker cards for the Public Comments agenda
item. A limitation of three(3) minutes shall be imposed upon each speaker. Speaker cards
must be presented in person by the person wishing to speak. The passing of time from one
speaker to another or speaking in place of another speaker is not allowed. No speaker will
be allowed to speak after all speaker cards are called. By majority vote of the
Councilmembers present and voting, the number of speakers and time permitted for
comments may 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 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 Council.
2.9 Reordering of, and Additions to, the Agenda:
Except with majority consent of the Councilmembers present and voting, items may
not be taken out of order.
At this time, Councilmembers, the City Manager, City Attorney or City Clerk may
request that any item on the Consent Calendar be withdrawn for separate consideration.
Items withdrawn from the Consent Calendar shall be considered immediately after action
on the balance of the Consent Calendar in agenda item 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
38
Resolution No. 2012 31482016-
Page 5
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 6, 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.
2.10 Announcements, Future Agenda Items, and Reports on Meetings/Conferences
Attended by Councilmembers and Mayor:
At this time, Councilmembers and the Mayor may make an announcement, request
to have an item placed on a future agenda, and provide a brief report on meetings and
conferences attended at City expense in compliance with Section 53232.3(d) of the
Government Code.
2.11 Public Hearings:
Items shall be placed under this topic if: (i)a public hearing is required by law; (ii)the
item is the consideration of an application or an appeal; or (iii) the item has been set for
public hearing by the City Council.
Any member of the City Council who has an ex parte communication with an
applicant, property owner, developer, or other person directly affiliated with a hearing on a
permit, license, entitlement or appeal, outside of the public record, public hearing, or public
meeting process, shall disclose the information learned in this communication during the
open public hearing.
Public hearings shall be conducted in the following order:
Staff Report
Questions of Staff by Council
Hearing Opened by Mayor
Testimony by Applicant
Other Public Testimony
Rebuttal by Applicant
Questions by Council
39
Resolution No. 2042-34482016-
Page
0-,23 4S2016-
Page 6
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.
A limitation of five (5) minutes shall be imposed upon each speaker at the initial public
hearing. Depending upon the extent of the agenda and the number of persons desiring to
speak on an item, the Mayor may at the beginning of a continued public hearing limit
testimony, but in no event to less than three (3) minutes per individual. All speaker cards
for a public hearing must be presented to the City Clerk by the person wishing to speak
prior to the opening of the public hearing by the Mayor or beginning of public testimony at a
continued open public hearing. The passing of time from one speaker to another or
speaking in place of another speaker is not allowed.
An applicant's initial presentation shall be limited to twenty(20) minutes, including
consultant participation. Subsequent presentations by an applicant shall be limited to ten
(10) minutes. Quasijudicial hearings shall be conducted in accordance with the principles of
due process, and the City Attorney shall advise the City Council in this regard of any
modification of, or addition to, the conduct of the hearing set forth in this subsection.
In the case of an Appeal of a Planning Commission decision,the Applicant's and the
Appellant's presentations shall be limited to twenty(20)minutes each, including consultant
participation.
The Public Hearing shall be conducted in the following order:
Staff Report
Questions of Staff by Council
Testimony by Original Applicant
Testimony by Appellant
Other Public Testimony
40
Resolution No. 2012 31/182016-
Page 7
Appellant Rebuttal to Public Testimony
Original Applicant Rebuttal to Appellant and Other Public Testimony
Questions by Council
Hearing Closed by Mayor
Discussion by Council
Action by Council
The Appellant has the same ability to present and to rebut as the original Applicant,
but the original Applicant has the first and last word to the Council (including review of all of
the Appellant's and public's arguments prior to his final rebuttal). The proceeding is a de
novo review of the Application.
Written statement cards may be submitted in lieu of addressing the Council. The
number of cards received in favor of or in opposition to a public hearing item under
consideration will be verbally reported to the Council by the City Clerk along with a brief
summary of specific concerns/comments listed on each card. The verbal report will be
given following the last public speaker for the public hearing and prior to the rebuttal by the
applicant. The total number of written statement cards received in favor of or in opposition
to an item will be recorded in the minutes of the meeting, and the written statement cards
will become a part of the official record.
2.12 Presentations/Action/Discussion Items:
Items that involve the establishment of City policy and items of a non-routine nature
shall be placed under this topic.
Presentations to the City Council by other public agencies or groups and
appointments will be listed first under the Presentations/Action/Discussion heading.
Continued Presentations/Action/Discussion items will appear in the order they previously
appeared, following presentations and appointments.
Discussion/Action items shall be conducted in the following order:
Staff Report
Questions of Staff by Council
Testimony by Applicant or Appellant, if applicable
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I Resolution No. 2012 31482016-
Page 8
Public Comment
Rebuttal by Applicant or Appellant, if applicable
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, an
applicant/appellant shall be heard first during the public comment for a
Presentations/Action/Discussion item and shall be allowed rebuttal as the last public
comment speaker. All speaker cards for each agenda item must be received prior to the
Mayor's announcement of the public comment for each Presentation/Action/Discussion
item and call for speaker cards. A limitation of three (3) minutes shall be imposed upon
each speaker. Speaker cards must be presented to the City Clerk 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.
Written statement cards may be submitted in lieu of addressing the Council. The
number of cards received in favor of or in opposition to an item being considered will be
verbally reported to the Council by the City Clerk following the last public speaker for an
item. The total number of written statement cards received in favor of or in opposition to an
item will be recorded in the minutes of the meeting, and the written statement cards will
become a part of the official record.
Any member of the City Council who has an ex parte communication with an
applicant, property owner, developer, or other person directly affiliated with a public
meeting required for a permit, license, entitlement or appeal,outside of the public record or
public meeting process, shall disclose the information learned in this communication during
the City Council discussion at the public meeting for the agenda item.
2.13 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 for regular
and special meetings. All items may be approved by one blanket motion by unanimous
vote of those present and voting.
42
Resolution No. 2012 31482016-
Page 9
Prior to a motion on the Consent Calendar, any Councilmember may request that
any item be withdrawn from the Consent Calendar for individual consideration. Items
withdrawn from the Consent Calendar shall be considered immediately after action on the
Consent Calendar in agenda item order, including any items requested to be withdrawn
under Section 2.9 (Reordering of, and Additions to,the Agenda). Unless an agenda item is
pulled from the Consent Calendar, and the City Council votes to defer public comments
until the Consent Calendar portion of the agenda, all other public comments on Consent
Calendar items shall occur during the Public Comments portion of the agenda.
2.14 Ordinances:
Consideration of first reading of an ordinance will initially be scheduled as either a
public hearing or action/discussion item as applicable. Following City Council approval of
first reading of an ordinance, the second reading and adoption of an ordinance shall be
scheduled under this section of the agenda. All public comments on an ordinance
scheduled under this section of the agenda shall occur during the Public Comments portion
of the agenda, unless the City Council votes to defer public comments until the Ordinances
section of the agenda.
2.15 Closed Session:
A Closed Session to be held at the conclusion of a meeting shall typically begin no
later than 12:00 midnight. If it is determined by the Mayor and City Manager that a Special
meeting for Closed Session is required prior to a Regular meeting to help control the length
of the Regular meeting, it shall begin at 6:30 p.m., unless more or less time is anticipated
to be needed.
Section 54963 of the Government Code and any statutes amendatory or
supplementary thereto, prohibiting disclosure of closed session information to any person
not entitled to receive such information unless the City Council authorizes disclosure of that
information, are hereby incorporated by reference.
2.16 Adjournment:
It is the policy of the City Council that upon reaching 12:00 midnight, the City
Council will not address any new agenda items,with the exception of closed session items.
Should the City Council decide to continue to address an in-progress non-closed session
agenda item past 12:00 midnight, the following motion is in order
Move that the City Council meeting tonight may extend beyond the 12:00
midnight deadline to conclude the item in progress.
3. PRESIDING OFFICER -
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I Resolution No. 2012 31/82016-
Page 10
3.1 Selection and Term:
The Mayor shall be the Presiding Officer at all meetings of the Council, except as
otherwise provided in Section 2.5 (Call to Order). The office of Mayor is an elective office
with a two-year term.
In accordance with Government Code Section 36801, for even numbered years, the City
Council shall meet at the meeting at which the declaration of the election results for a
general municipal election is made pursuant to Sections 10262 and 10263 of the Elections
Code and, following the declaration of the election results and the installation of elected
officials, choose one of its number as Mayor Pro Tempore. For each odd numbered year,
the City Council shall meet at the last regular meeting in November to choose one of its
number as Mayor Pro Tempore. Each selection shall be by three (3) or more affirmative
votes, and a failure to achieve such total of affirmative votes shall be deemed a selection of
the incumbent to remain in office. Each person so selected shall serve until a successor is
chosen (at any time) by three (3) or more affirmative votes.
In the case of a vacancy in the office of the Mayor for any reason, said vacancy shall
be filled in compliance with State law.
3.2 Participation of Presiding Officer:
The Presiding Officer may move, second and debate from the chair, subject only to
such limitations of debate as are imposed on all councilmembers. He or she shall be
accorded all of the rights and privileges of a councilmember.
3.3 Maintenance of Order
The Presiding Officer is responsible for the maintenance of order and decorum at all
times. The head of the City's police agency or his or her designee shall be ex-officio
sergeant-at-arms of the Council. He or she shall carry out all orders and instructions given
him or her by the Presiding Officer for the purpose of maintaining order and decorum in the
Council Chambers.
3.4 Rulings Final Unless Overruled:
The Presiding Officer shall decide all questions of interpretation of these rules,
points of order, maintenance of order or other questions of procedure requiring rulings.
Any such decision shall be final and shall be binding and legally effective (even if 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
44
Resolution No. 2012 31482016-
Page 11
the Presiding Officer's decision overridden by moving the question "Shall the decision of
the Presiding Officer be sustained?"
4. CONDUCT OF COUNCILMEMBERS
4.1 Decorum and Order:
(a) Any Councilmember desiring to speak shall address the Presiding
Officer and, upon recognition by the Presiding Officer, shall confine himself or herself to the
item under debate.
(b) A Councilmember desiring to question the staff shall address his or her
question to the City Manager, City Attorney or Department head, as appropriate, who shall
be entitled either to answer the inquiry or to designate some member of his or her staff for
that purpose.
(c) A Councilmember, once recognized, shall not be interrupted while
speaking unless called to order by the Presiding Officer, a point of order is raised by
another Councilmember pursuant to Section 3.4 or the speaker chooses to yield to
questions from another Councilmember.
(d) Any Councilmember called to order while he or she is speaking shall
cease speaking immediately until the question of order is determined. If ruled to be in
order he or she shall be permitted to proceed. If ruled out of order he or she shall remain
silent or shall alter his or her remarks so as to comply with the rules.
(e) Councilmembers shall accord the utmost courtesy to each other, to
City employees, and to the public appearing before the Council. They shall refrain at all
times from rude and derogatory remarks, abusive comments and statements as to integrity,
motives or personalities.
(f) The right of a Councilmember to address the Council on a question of
personal privilege shall be limited to cases in which his or her integrity, character, or
motives are assailed, questioned or impugned.
(g) Any Councilmember may move to require the Presiding Officer to
enforce the rules. The affirmative vote of a majority of the Council present and voting shall
require the Presiding Officer to so act.
4.2 Limitation of Debate:
A Councilmember should not speak more than once upon any one item until every
other member choosing to speak thereon has spoken. No member shall speak for a longer
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I Resolution No. 2012 31482016-
Page 12
time than five (5) minutes each time he or she has the floor, without the approval of a
majority vote of the Council present and voting.
4.3 Dissents and Protests:
Any Councilmember shall have the right to express dissent from, or protest to, any
action of the Council and to have the reason entered in the minutes. If such dissent or
protest is desired to be entered in the minutes, this should be made clear by language
such as, "I would like the minutes to show that I am opposed to this action for the following
reasons. . . ."
4.4 Conflict of Interest:
Section 87105 of the Government Code describes the procedure to be followed if an
official has a conflict of interest on a matter and cannot participate in a decision. Section
87105 shall apply to the City Council, the City Manager, City Attorney, and Planning
Commission. The official must publicly identify the financial interest (not including the
address of a personal residence), recuse himself or herself from voting, and leave the
room until after the discussion, vote and other disposition of the matter is concluded. If the
matter is on the consent calendar, the official need not leave the room, but must still make
the required disclosure on the record and abstain from voting. The official also may speak
on the issue as a member of the general public, during the public comment period on that
matter, solely to represent himself or herself on a matter related to his or her personal
interest. The announcement of the conflict of interest must be declared prior to the
initiation of Council consideration of the agenda item for which the conflict of interest exists.
Section 87105 of the Government Code, any statutes amendatory or supplementary
thereto, and any applicable regulations of the California Fair Political Practices Commission
are hereby incorporated by reference.
5. CONDUCT OF EMPLOYEES
5.1 Decorum and Order:
(a) Members of the staff and employees of the City shall observe the
same rules of procedure and decorum applicable to members of the Council.
(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 Presiding
Officer. All remarks shall be addressed to the Presiding Officer and not to any one
individual Councilmember or member of the public.
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6. CONDUCT OF THE PUBLIC
6.1 Decorum and Order:
(a) Members of the public attending Council meetings shall observe the
same rules of order and decorum applicable to the Council pursuant to Section 4.1.
(b) Willful conduct that is disruptive, including but not limited to,
unauthorized remarks from the audience, stamping of feet, whistles, yells and similar
demonstrations shall be prohibited by the Presiding Officer. Any person who becomes
willfully disruptive while addressing the Council or while attending the Council meeting shall
be removed from the room if the sergeant-at-arms is so directed by the Presiding Officer.
Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding
Officer.
6.2 Manner of Addressing the Council:
No person shall address the Council without being recognized by the Presiding
Officer. After being recognized by the Presiding Officer, any member of the public desiring
to address the Council shall proceed to the podium. The speaker shall state his or her
name for the record. All remarks and questions shall be addressed to the Presiding Officer
and not to any individual Councilmember, staff member or other person.
6.3 Limitations on Addressing the Council:
The making of oral communications to the Council by any member of the public
during the "Public Comments" portion of the agenda shall be subject to the following
limitations:
(a) No speaker shall be permitted to address the Council under "Public
Comments" on a Public Hearing item, which is on the agenda, or which is not on the
agenda but which has been scheduled or is under submission for a public hearing before
the Council.
(b) No speaker shall be permitted to address the Council under "Public
Comments" on a Presentations/Action/Discussion item, which is on the agenda.
(c) No speaker shall be permitted to address the Council on an item which
is currently before or is under submission for consideration by a City commission, board,
committee or officer before which the speaker should make his or her presentation, until
that body has completed its deliberations and taken its final action. In case the speaker
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should have followed an otherwise available appeal procedure, the Presiding Officer shall
not allow oral communication to the Council outside that procedure.
(d) The Chair or other member of the City's Planning Commission and
Park and Recreation Commission may submit written comments or verbally address the
Council on any item for which that body has completed its deliberations and taken its final
action, for the purpose of explaining the Commission's recommendation. The speaker
shall be governed by the provisions of Sections 2.8, 2.11, 2.12, 6.1, 6.2, and 6.3. Written
comments from Commissioners shall be governed by the provisions of Section 10.3.
(e) A speaker that verbally complains about an employee of the City, or
any employee of a private firm or public agency providing a contract service to the City,will
be directed to contact the City's Human Resources/Risk Management Division for
assistance in documenting and resolving their complaint.
(f) If it appears that several speakers desire to speak regarding any item
on the agenda,the Presiding Officer may reasonably limit the number of speakers on each
side of the issue. In this regard, preference may be given to speakers who represent
groups of persons who have designated a spokesperson.
6.4 Video, Audiotape, PowerPoint, Slide or Similar Presentation:
Video, audiotape, PowerPoint, slide or similar presentation will be disallowed unless
relative to an item on the agenda, and the City Clerk has been provided with no less than
24 hours notice of the video, audiotape, PowerPoint, slide or similar presentation, and has
determined the City has the appropriate equipment to view and broadcast the presentation.
The video, audiotape, PowerPoint, slide or similar presentation must be made by the
person or agency making the presentation. The Council may limit the total amount of time
allocated for presentations on particular issues and for each speaker. The same limitations
that govern speakers under Sections 2.8, 2.11 and 2.12 shall apply. Presentations shall be
limited to the subject matter jurisdiction of the Council. Those items not germane to the
agenda will be disallowed.
7. MOTIONS
7.1 Processing of Motions:
When a motion is made and seconded, it shall be stated by the Presiding Officer or,
at the request of the Presiding Officer, by the City Clerk before debate. A motion so stated
shall not be withdrawn by the mover without the consent of the person seconding it.
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7.2 Division of Motion:
If the motion contains two or more divisible propositions, the Presiding Officer may,
and upon request of any Councilmember shall, divide the same, unless a majority of the
Councilmembers present and voting votes not to do so.
7.3 Precedence of Motions:
When a motion is before the Council, no motion shall be entertained except the
following, which shall have precedence in the following order.
The ordinary motions rank as follows, and any of them (except to amend) can be
made while one of a lower order is pending, but none can supersede one of a higher order.
Motions to limit discussion, to call the question and to suspend the rules require a two-
thirds vote; all other motions require only a majority vote:
Not Debatable:
To Fix the Time of Adjournment )
To Adjourn (when unqualified) ) Cannot
To Table ) be
To Limit Discussion (2/3 vote) ) Amended
To Call the Question (2/3 vote) )
To Suspend the Rules (2/3 vote) )
Debatable:
To Postpone to a Certain Time )
To Commit or Refer to Committee) Can be
To Amend ) Amended
To Postpone Indefinitely
The Motion to Reconsider: the motion can be made when any other motion is before
the assembly, but cannot be acted upon until the business then before the assembly is
disposed of; when called up, it takes precedence over all other motions, except to adjourn,
and to fix the time to which to adjourn.
Motions incidental to those before the assembly take precedence over them and must
be acted upon first.
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7.4 Motion to Fix Hour of Adjournment:
Such a motion shall be to set a definite time at which to adjourn and may be amended
by unanimous vote.
7.5 Motion to Adjourn:
Such a motion shall be in order at any time, except as follows:
(a) When repeated without intervening business or discussion;
(b) When made as an interruption of another Councilmember while speaking;
(c) When discussion has been ended and a vote on the motion is pending; or
(d) While a vote is being taken.
A motion to adjourn "to another time" shall be debatable, but only as to the time to
which the meeting is adjourned.
7.6 Motion to Table:
Such a motion shall be used to temporarily bypass the subject and shall preclude all
amendments or debate of the subject under consideration. If the motion prevails, the item
may be taken from the table at any time prior to the end of the next regular meeting.
7.7 Motion to Limit Discussion:
Such a motion shall be used to limit the time allowed each Councilmember to speak
to, or to appoint a time at which discussion shall close on, the question of the main motion
and any previously made amendment to the main motion. If a motion to limit the time
allowed each member to speak passes, no member shall thereafter speak more than two
times to the question nor longer than the time allowed at either time and no member shall
speak the second time until every member choosing to speak has spoken.
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.
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7.9 Motion to Suspend the Rules:
Such a motion shall be used to suspend these rules of procedure and shall include
a statement of the purpose of the suspension. If the motion fails, the motion shall not be
renewed for the same purpose at the same meeting, but it may be renewed for the same
purpose at an adjourned meeting of that meeting.
7.10 Motion to Postpone to a Certain Time:
Such a motion shall be amendable and debatable only as to propriety of
postponement and time set.
7.11 Motion to Amend:
Such a motion shall be debatable only as to the amendment. A motion to amend an
amendment shall be in order, but a motion to amend an amendment to an amendment
shall not be in order. An amendment modifying the intention of a motion shall be in order,
but an amendment relating to a different matter shall not be in order. A substitute motion
on the same subject shall be acceptable, and voted on before a vote on the amendment.
Amendments shall be voted first, then the main motion as amended.
7.12 Motion for Reconsideration:
Any Councilmember who voted with the majority may move a reconsideration of any
vote at the same meeting or request an agenda item on the next regular meeting or
request a special meeting called to be held prior to the next regular meeting to consider
reconsideration of any vote. The agenda item shall appear on
Presentation/Action/Discussion as a two-part item:
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.
8. VOTING
8.1 Restatement of the Motion:
Upon the request of any Councilmember, the Presiding Officer shall verbally restate
each motion immediately prior to calling for the vote.
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8.2 Voting Procedure:
In acting upon every motion, the vote shall be taken by voice, roll call or any other
method by which the vote of each Councilmember present can be clearly ascertained.The
vote on each motion shall then be entered in full upon the record. The order of voting shall
be the maker of the motion, the second and, in rotating order, the remaining
Councilmembers seated, with the Mayor or Presiding Officer called last for each item on
the agenda requiring a roll call vote. The Clerk shall call the names of all members seated
when a roll call vote is ordered or required. Members shall respond 'aye', 'no' or'abstain',
provided that when a vote is collectively taken by voice or when a method of voting other
than by voice or roll call is used, any Councilmember not audibly and clearly responding
'no'or'abstain'or otherwise registering an objection shall have his or her vote recorded as
'aye'.
Following the vote, the Presiding Officer shall verbally announce whether the motion
carried or was defeated. The Presiding Officer may also publicly state the effect of the
vote for the benefit of the audience before proceeding to the next item of business.
Any member may change his or her vote before the next item of business is called.
8.3 Voting:
Pursuant to Government Code 36936, resolutions, orders for the payment of money
and all ordinances require a recorded majority vote of the total membership of the city
council.
A roll call vote shall be used for all ordinances, and shall also be used for all
resolutions adopting or amending the budget, a fee,a franchise agreement, a property tax
assessment, and other wvise ordering the payment of money. All other resolutions may be
adopted by roll call vote or any other voting method by which the vote of each
Councilmember present can be clearly ascertained, so as to confirm a recorded majority
vote of the total membership of the city council (three affirmative votes). A roll call vote
shall not be used for any other item before the Council unless demanded by any
Councilmember. It shall not be in order for members to explain their vote during roll call.
8.4 Failure to Vote:
Every Councilmember should vote unless disqualified for cause. A Councilmember
who abstains from voting on an item because of being disqualified shall be considered as if
absent.
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8.5 Tie Votes:
When no Councilmember abstains from voting,the motion shall be lost on a tie vote.
Any member who abstains and is not considered absent shall be deemed to have
acquiesced to the motion and the motion shall be passed on a tie vote, except as
described below.
When all Councilmembers are present, a tie vote on whether to grant an appeal
from official action or on a quasi-judicial matter shall be considered a denial of such appeal
or matter, unless the Council takes other action to further consider the appeal or matter. If
a tie vote results at a time when less than all members of the Council are present, the
matter shall automatically be continued to the agenda of the next regular meeting of the
Council, unless otherwise ordered by the Council.
9. ORDINANCES AND RESOLUTIONS
9.1 Definition:
The legislative acts of the Council(rules of public conduct for long-term application)
are taken by ordinance.
Routine business and administrative matters(usually more temporary and transitory
in nature)are accomplished by"resolution,""minute order"or"motion"(thereafter recorded
by minute entry). Technically, all three are equally as legally effective and binding; they
just vary in the formality of respective memorialization. The most formal is referred to as a
"resolution," which will be recorded by a separate document, numbered in sequence and
preserved in a separate set of books, in addition to being referenced in the minutes. Such
"resolutions" are used for various reasons, such as when specifically required by law,when
needed as a separate evidentiary document to be transmitted to another governmental
agency, or where the frequency of future reference back to its contents warrants a
separate document. The "motion" or"minute order" is a Council action which is recorded
simply by an item entry in the minutes of the meeting at which it was accomplished, and no
separate document is made to memorialize it. The City Clerk is empowered by State law
to furnish certified excerpts of the minutes in order to facilitate the administrative process to
which a particular action pertains.
9.2 When Prepared in Advance:
All ordinances shall be read in full either at the time of introduction or passage,
unless, after reading the title, further reading is waived by a majority vote of the
Councilmembers present and voting.
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When a resolution has been prepared in advance, it need not be read in full or by
title, except to identify it. A majority vote of the Councilmembers present and voting will
require that the resolution be read in full.
9.3 When Not Prepared in Advance:
When an ordinance or resolution has not been prepared in advance,the Council, by
majority vote of the members present and voting, shall instruct the City Manager or the City
Attorney to prepare it for presentation at a specified later time in the same meeting or at a
future Council meeting.
9.4 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
immediate action came to the attention of the City subsequent to the posting of the
agenda, as specified in Government Code Section 54954.2. A two-thirds vote of the
Council, or, if less than two-thirds are present, a unanimous vote of those who are present,
is required to add a resolution to the agenda. Such resolutions shall not be presented
when resolutions are required by law, in improvement acts, zoning matters, or force
account work on public projects.
10. WRITTEN COMMUNICATIONS
10.1 Addressed to Council as a Whole:
The City Manager or designee is authorized to receive and open all written
communications addressed to the Council as a whole and give it immediate attention to the
end that all administrative business referred to in said communications, and not necessarily
requiring Council action, may be disposed of between Council meetings. The City
Manager shall cause a copy of such communication to be sent to each Councilmember.
10.2 All Other Written Communications:
Any written communication received at City Hall addressed to the Mayor and/or an
individual Councilmember shall be opened by the City Manager, City Clerk, or other City
Manager designee. A copy of such communication shall be provided to each of the other
Councilmembers, unless such communication is personal and/or confidential and not
related to the business of the City.
Any Councilmember, who receives any written communication on any subject
related to the business of the City, whether or not received at City Hall, shall cause a copy
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to be provided to the City Clerk, who shall cause a copy of such communication to be sent
to each of the other members.
All outgoing Councilmember correspondence will be copied to the Council reading
file unless the Council is listed as receiving a copy, in which case each Councilmember will
be provided an individual copy. Any Councilmember who generates any written
communication related to the business of the City, other than at City Hall, shall cause a
copy to be provided to the City Clerk for distribution. Letters produced by City staff for
Councilmembers will be created on official City letterhead, only.
10.3 Agenda Item Communications:
Any such communication, which relates to an item pending or to be brought before
the Council and has been received prior to agenda distribution, 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 or provide direction to the City Clerk for
preparation of an agenda report. All agenda staff reports will be provided to the full Council
with the distribution of the agenda. Agenda item communications (including e-mails)
received from the public after agenda distribution will be forwarded to the Council by the
City Clerk's staff by e-mail or regular mail delivery up until the close of the business day
prior to the City Council meeting.
The City Council will be informed during the staff presentation at the Council
meeting of agenda item communications received from the public, including a project
applicant, on the day of the meeting. Regardless of the source, it will take a four-fifth's
majority vote(four affirmative votes)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 Ralph M. Brown Act. To avoid a Brown Act violation, City Councilmembers should not
read or send electronic messages, including, but not limited to, e-mail, cellular telephone
text messages, or instant messages, during a Council meeting.
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.
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Written communication relative to a public hearing item, if presented prior to the
close of the business day prior to the Council meeting, 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.
10.4 Research:
Any research requested by an individual Councilmember that results in a written
response from staff will be copied to all Councilmembers. This is not meant to include
copies of documents on file.
11. COUNCIL MEETINGS
11.1 Meeting Time and Schedule:
The regular meetings of the City Council shall begin at the hour of 7:006:30 p.m. on
the first and third Wednesday of each month. In addition to regularly scheduled meetings
as set forth in Section 2.04.010 of the Municipal Code, an adjourned meeting will typically
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 or by vote of the
City Council.
11.2 Teleconferencing:
Pursuant to the Ralph M. Brown Act, meetings may be conducted by
teleconferencing under the conditions specified in Section 54953(b) of the California
Government Code. Because of the additional costs that may be incurred to implement the
teleconferencing technology and the requirements of Section 54953(b), including but not
limited to providing public accessibility at each teleconference location and the opportunity
for the public to speak, prior City Council approval is required for the teleconference
expense.
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12. MINUTES
12.1 Action Minutes:
The City Clerk shall be responsible for preparing action minutes to record all the
actions of the City Council (motions, votes, and consensus decisions)at regular and special
meetings, consistent with Municipal Section 2.16.030, and shall schedule the completed
minutes on the Consent Calendar of either a regular or special meeting, consistent with
Section 2.13 of this resolution. City Council meeting action minutes shall include
documentation for each agenda item, including but not limited to the following:
Date, hour, and place of meeting;
Identification of regular, adjourned regular, or special meeting (and special meeting
notice language)and whether it is a joint meeting agenda with another public entity,
board, or commission;
Names of City Councilmembers and participating staff in attendance;
City Council announcements, requested future agenda items, and reports on
meetings/conferences attended by Councilmembers;
Agenda titles, staff recommendations, and record of action taken (motions, votes,
and consensus decisions);
Name(s) of staff providing the verbal staff report and documentation of verbal and
written corrections to the agenda report;
Public hearing compliance documentation;
Public speaker names, identification of support or opposition, and/or other brief
summary of comments as determined necessary by the City Clerk;
Written statement card documentation, consistent with Sections 2.11 and 2.12 of
this resolution;
Closed session documentation;
Adjournment time; and
City Clerk and Mayor signatures.
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13. ANNUAL REVIEW
The City Clerk will annually review the Rules of Procedure with the Mayor and City
Manager.
SECTION 2. Resolution No. 2011 30712012-3148 is hereby rescinded in its
entirety and this resolution becomes effective on May 19, 2016, to achieve a regular City
Council meeting start time change beginning with the June 1 , 2016, regular meeting.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 20th day of April, 2016.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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