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HomeMy WebLinkAboutAGENDA REPORT 1985 0116 CC REG ITEM 08B ��� /D. =~��, RESOLUTION NO. 85- 160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES; AND REPEALING RESOLUTION NO. 83-61, ADOPTED DECEMBER 21, 1983. 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 regulations pertaining thereto; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Moorpark that Rules of Procedure for City Council meetings and related functions and activities are hereby adopted, to read as follows: PURPOSE The purpose and intent of the City Council in adopting the within rules shall be to provide directory guidelines relating to the conduct of the public business by or on behalf of the City Council, and in the event of any non- (\ cumpliaoce with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law. SECTION 1. MEETINGS 1. 1 REGULAR MEETINGS: The City Council of the City of Moorpark shall hold regular meetings in the place specified in the Municipal Code, on the first and third Mondays of each month at 7:00 p.m. When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the next succeeding day thereafter that is not a holiday. 1.2 ADJOURNED MEETINGS: Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. 1.3 SPECIAL MEETINGS: Special Meetings may be called by the Mayor or majority of Councilmembers on 24-hour notice, as set forth in Section 54956 of the Government Code of the State of California. Only matters contained in the notice may be considered and no ordinances (other than urgency ordinances) may be adopted. -1- 1.4 STUDY SESSIONS: Members of the Council may meet in a Study Session at any regular, adjourned regular, special or adjourned special meeting, at the regular meeting place and at such times as designed by the City Council. The City Manager shall be responsible for preparing an agenda of items for dis- cussion at each such Study Session. 1.5 NOTICE OF MEETINGS: Notice of regular or adjourned regular meetings is not required. Mailed or personally delivered notice is required of special meetings. Notice and posted notice is required of meetings adjourned by the City Clerk. 1.6 QUORUM: Unless otherwise provided for in the Municipal Code, a majority of the Council shall be sufficient to do business and motions may be passed 2-1 if only 3 attend. The following matters, however, require three affirmative votes: a) adoption of ordinances, b) resolutions granting franchises, and c) resolutions and orders for payment of money. 1.6.1 Legally Required Participation: If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection, or by such other impartial and equitable means as the Council shall determine, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum. 1.7 MEETINGS TO BE PUBLIC: All regular, adjourned regular, special or adjourned special meetings of the City Council shall be open to the public; provided, however, the Council may hold closed sessions from which the public may be excluded for the consideration of the following subjects: 1. 7. 1 Personnel Matters: To consider appointment, employment, or dismissal of a public employee, or to hear complaints or charges brought against such person or employee by another employee unless such employee requests a public hearing. The Council may exclude from any such closed session during the examination of a witness any or all other witnesses in the matter being investigated. 1. 7.2 Attorney-Client Matters; To consider possible or pending litigation in which the City is or could be a party. -2- 1.8 CLOSED SESSION MINUTES: Pursuant to Section 54957.2 of the California Government Code, the City Clerk of the City of Moorpark may be required to attend a closed session of the City Council and keep and enter in a minute book a record of topics discussed and decisions made at each meeting. The confidentiality of such minutes shall be maintained pursuant to said section of the Govern- ment Code. SECTION 2. ORDER OF BUSINESS 2. 1 AGENDA: The Order of Business of each meeting shall be as contained in the Agenda prepared by the City Clerk. The Agenda shall be a listing by topic of the subjects which shall be taken up for consideration in the following order: 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes 5. Proclamations/Commendations/Special Presentations 6. Public Comments 7. Public Hearings 8. Ordinances/Resolutions ( 9. Comments from Councilmembers 10. Staff Reports - Recommended Action Items 11. Staff Reports - Informational Items 12. Consent Calendar 13. Future Agenda Items 14. Adjournment Except with majority consent of the Council, items may not be taken out of order. No matters other than those on the agenda shall be finally acted upon by the Council; provided, however, that matters not on the agenda, but deemed to be emergencies or of an urgent nature by any Councilmember, the City Manager, or the City Attorney, or such other matters which shall have been discussed at a preceding study session, may be submitted for Council consideration and action. 2.2 DELIVERY OF AGENDA: Barring insurmountable difficulties, the Agenda shall be delivered ordinarily to Councilmembers each Friday preceding the meeting to which it pertains. The Agenda shall also be available to the general public at the time it is delivered to the City Council. -3- 2.3 CALL TO ORDER: The meeting of the Council shall be called to order by the Mayor or, in his or her abosence, by the Mayor pro tem. In the absence of both the Mayor and the Mayor pro tem, the meeting shall be called to order by the City Clerk, whereupon the City Clerk shall immediately call for the selection of a temporary Presiding Officer. 2.4 ROLL CALL: Before proceeding with the business of the Council, the City Clerk shall call the roll of the Councilmembers and the names of those present shall be entered in the minutes. The order of roll call shall be alpha- betical with the Mayor called last. 2.5 APPROVAL OF MINUTES: Unless requested by a majority of the City Council, minutes of the previous meeting may be approved without public reading if the clerk has previously furnished each Councilmember with a copy thereof. 2.6 PUBLIC HEARINGS: Generally, public hearings, other than those of a quasi-judicial nature, shall be conducted in the following order: ( Staff review \ Questions of Staff by Council Hearing opened by Mayor Public Testimony Questions by Council Hearing Closed by Mayor Discussion by Council Action by Council Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue, the Mayor may, at the beginning at the hearing, limit testimony, but in no event to less than 3 minutes per individual. Any person may speak for a longer period of time, upon approval by a majority of the City Council, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has graphic or slide presentations requiring more time. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard. 2. 7 PUBLIC COMMENTS Any person may address the Council on any subject pertaining to City business, whether listed on the agenda or not, during the Public Comments portion of the meeting. A limitation of 3 minutes shall be imposed upon each person so desiring to address the Council during the first Public Comments designation on the agenda. Members of the public may speak at greater length at the end of the agenda upon approval, by a majority of the City Council. (See 5. 2) -4- ` . 2.8 CONSENT CALENDAR: Items of routine nature, and non-controversial, shall be placed on the consent calendar. All items may be approved by one blanket motion upon unanimous consent. Prior to, or following review of, the consent calendar by the City Manager, any Councilmember may request that any item be withdrawn from the consent agenda for separate consideration. However, any Councilmember may abstain from voting on any consent calendar without requesting its removal from the consent calendar, and the City Clerk shall be instructed to record such abstentions in the minutes. 2.9 PRESENTATION BY MEMBERS OF THE COUNCIL: The Mayor or any Councilmember may bring before the Council any new business under the Comments from Councilmembers portion of the Agenda. These matters need not be specifically listed on the Agenda, but formal action on such matters shall be deferred until a subsequent Council Meeting unless deemed to be of an urgent nature, or unless discussed at a study session preceding such Council Meeting. SECTION 3. PRESIDING OFFICER 3. 1 PRESIDING OFFICER: The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor pro tem shall preside. In the absence of both the Mayor and the Mayor pro tem, the Council shall elect a temporary presiding officer to serve until the arrival of the Mayor or Mayor pro tem or until adjournment. In accordance with Government Code Section 36801, the Council shall meet on the Tuesday after certification of the results of each general municipal election (even numbered years) , and shall also meet at the last regular meeting in November of each odd numbered year, and shall choose one of its number as Mayor and one as Mayor pro tem. Each selection shall be by three or more affirmative votes, and a failure to achieve such total of affirmative votes shall be deemed a selection of the incumbent(s) to remain in office. Each person so selected shall serve until a successor is chosen (at any time) by three or more affirmative votes. 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 Council- members, and he shall not be deprived of any of the rights and privileges of a Councilmember by reason of his acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he desires to engage personally in extended debate on questions before the Council, he should consider turning the Chair over to another member. 3. 3 QUESTION TO BE STATED: The Presiding Officer or the City Clerk shall verbally restate each question immediately prior to calling for the vote. Following the vote the Presiding Officer shall verbally announce whether the question 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. -5- . . DOCUMENTS: 3.4 SIGNING OF � ' . The Mayor, or Mayor pro tem in the absence of the Mayor, shall sign ordinances, resolutions, agreements and other writings as directed by the City Council. The City Clerk, or Deputy City Clerk, shall attest to the signature of the Mayor or Mayor pro tem' 3.5 MAINTENANCE OF ORDER: The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair. SECTION 4. RULES, DECORUM AND ORDER: 4. 1 POINTS OF ODDER: The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. 4.2 DECORUM AND ORDER - COUNCILMEMBERS: / (a) Any Councilmember desiring to speak shall address the Chair \ and, upon recognition by the Presiding Officer, shall confine himself to the question under debate. (b) A Councilmember desiring to question the staff shall address his question to the City Manager or City Attorney, in appropriate cases, 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, unless a Point of Order is raised by another Councilmember, or unless the speaker chooses to yield to questions from another Councilmember. (d) Any Councilmember called to order while he is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order he shall be permitted to proceed. If ruled to be not in order he shall remain silent or shall alter his remarks so as to comply with rules of the Council. (e) Councilmembers shall accord the utmost courtesy to each other, to city employees, and to the public appearing before the Couocil, and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. (f) Any Councilmember may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require him to so act. -6- . - / 4.3 DECORUM AND ORDER - EMPLOYEES: ` Members of the administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall insure that all City employees observe such decorum. Any staff members, 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 Couocilmemher or member of the public. 4.4 DECORUM AND ORDER - PUBLIC: Members of the public attending Council Meetings shall observe the same rules of order and decorum applicable to the Council. Any person making impertinent and malicious remarks, or who becomes boisterous while addressing the Council, or while attending the Council Meeting, shall be removed from the room if the sergeant-of-arms is so directed by the Presiding Officer, and such person may be barred from further audience before the Council. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeant-of-arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. 4.5 ENFORCEMENT OF DECORUM: / � The head of the City's police agency or his designee shall be ex-officio sergeant-of-arms of the Council. He shall carry out all orders and instructions given him by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Upon instructions from the Presiding Officer it shall be the duty of the sergeant-at-arms or his representative to eject any person from the Council Chambers or place him under arrest or both. As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. 4.6. PERSONAL PRIVILEGE: The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impugned. -7- l 4.7 CONFLICT OF INTEREST: All Councilmembers are subject to the provisions of California Law, such as Chapter 7, Title 9 of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Council. Any Councilmember prevented from voting because of a conflict of interest shall refrain from debate and voting. Such Councilmember may choose to leave the Council Chambers during the debate and voting on the issue. 4.8 LIMITATION OF DEBATE: No Councilmember normally should speak more than once upon any one subject until every other member choosing to speak there n has spoken. No member shall speak for a longer time than five minutes each time he has the floor, without the approval of a majority vote of the Council. 4.9 DISSENTS AND PROTESTS: Any member shall have the right to express dissent from or protest to any action of the Council and 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. 10 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. 4. 11 RULINGS OF CHAIR FINAL UNLESS OVERRULED: In presiding over Council Meetings, the Mayor, Mayor pro tem or temporary Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the Councilmembers present and voting, and shall be binding and legally effective (even though clearly erroneous) for purposes of the matter under consideration. SECTION 5 ADDRESSING THE COUNCIL 5. 1 MANNER OF ADDRESSING THE COUNCIL: Any member of the public desiring to address the Council shall pro- ceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he shall state his name and address for the record. All remarks and questions shall be addressed to the Chair and not to any individual Councilmember, staff member or other person. During a public hearing all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. -8- • 5.2 TIME LIMITATION: Any member of the public desiring to address the Council shall limit his address to three (3) minutes, unless further time has been granted by the Presiding Officer in the individual case, or in accordance with Sections 2.6 and 2.7. (NOTE: Section 2.7 imposes a limit of three (3) minutes during the Public Comments portion of the Agenda) . 5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE: After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission by a majority vote of the Council. 5.4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS: The making of oral communications to the Council by any member of the the public during the "Public Comments" portion of the Agenda shall be subject to the following limitations: (a) At any time, before, during or after Public Comments is commenced, the Presiding Officer may, if he deems it preferable, direct that the communication be made instead either to the City Manager or other appropriate staff member during regular business hours, or in writing for subsequent sub- mittal to Councilmembers, pursuant to Section 5.5. (b) No speaker shall be permitted to address the Council on a topic which is currently before or about to be submitted for consideration to a City Commission, board or other agency before which the speaker should make his presentation, until that latter body has completed its deliberations and taken its final action. In case the speaker should have followed an otherwise available appeal procedure, the Presiding Officer shall not allow oral communication to the Council outside that procedure. (c) The Presiding Officer may limit the number of speakers heard on non-agenda topics at any single meeting. Those whose presentations are postponed shall be given priority at the next meeting (during the "Public Comments" portion of the Agenda) . (d) If it appears that several speakers desire to speak regarding a single topic, the Presiding Officer may reasonably limit the number speaking as to each side of an issue. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson. (e) No oral communication shall be allowed 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 com- plaints against said employee(s) shall be submitted to the City Manager for appropriate action, and may also be submitted to members of the Council by written communication. -9- ' .. . . / 5.5 WRITTEN CORRESPONDENCE The City Manager is authorized to receive and open all mail addressed to the Council as a whole and give it immediate attention to the end that all administrative business referred to in said communica- tions, and not necessarily requiring Council action, may be disposed of between Council Meetings. A copy of such communication shall be sent to each Councilmember marked "Information Only." Any communication relating to a matter pending, or to be brought before the City Council shall be included in the agenda packet for the meeting at which such item is to be considered. Letters of appeal from administrative or commission decisions shall be processed under applicable provisions of the Municipal Code, or other ordinances. Copies of all other communications sent to the Council will be transmitted to them. 5.6 PERSONS AUTHORIZED TO BE WITHIN PLATFORM: No person except City officials shall be permitted within the platform area in front of the Council table without the invitation or consent of the Presiding Officer. SECTION 6. MOTIONS 6.1 PROCESSING OF MOTIONS: When a motion is made and seconded, it shall be stated by the Presiding Officer or City Clerk before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 6.2 MOTIONS OUT OF ORDER: The Presiding Officer may at any time, by majority consent of the Council, permit a member to introduce an ordinance, resolution or motion out of the regular agenda order. 6.3 DIVISION OF QUESTION: If the question contains two or more divisionable propositions, the Presiding Officer may, and upon request of a member shall, divide the same, unless a majority of the Council votes not to do so. 6.4 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; -10- / \ the Previous Question requires a two-thirds vote, the others only a majority: Not Debatable To Fix the Time to which to Adjourn. ) To Adjourn (when unqualified) . ) Cannot For the Orders of the Day. ) be To Lay on the Table. ) Amended The Previous Question (2/3 Vote). ) Debatable: To Postpone to a Certain Time. ) To Commit or Refer. ) Can be Top Amend. ) Amended To Postpone Indefinitely. ) The motion to Reconsider can be made when any other question is before the assembly, but cannot be acted upon until the business then before the assembly is disposed of, when, if called up, it takes precedence of all other motions, except to adjourn, and to fix the time to which to ndjouru. Ques- tions incidental to those before the assembly take precedence of them and must be acted upon first. 6.5 MOTION TO ADJOURN (not debatable) : ( A motion to adjourn 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 a member while speaking; (c) When discussion has been ended, and vote on motion is pending; and (d) While a vote is being taken. A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned. 6. 6 MOTION TO FIX HOUR OF ADJOURNMENT: Such a motion shall be to set a definite time at which to adjourn and shall not be debatable and shall not be amended, except by unanimous vote. 6. 7 MOTION TO TABLE: A motion to table shall be used to temporarily bypass the subject. A motion co table shall not be debatable and shall preclude all amendments or debate of the subject under coneidecacioo' If the motion shall prcvail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. / 6.8 MOTION TO LIMIT OR TERMINATE DISCD333I00: ` Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall not be debatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 6.9 MOTION TO AMEND: A motion to amend 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. 6' 10 MOTION TO CONTINUE: Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set. SECTION 7 VOTING PROCEDURE 7. 1 VOTING PROCEDURE: ( In acting upon every motion, the vote shall be taken by voice or 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 alpha- betical with the Mayor voting last. The Clerk shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond 'aye' , 'no' or/abotain/ , provided that when a vote is collectively taken by voice or when a method of voting other than by voice or roll call is used, any Councilmember not audibly and clearly responding 'no' or 'abstain' or otherwise registering an objection shall have his vote recorded as 'aye' . 7.2 ROLL CALL VOTING: Every ordinance and any resolutions or order for franchises or payments of money require three affirmative votes. A roll call vote shall be used for these items. Any other questions before the Council shall not require a roll call vote unless demanded by any member. It shall not be in order for members to explain their vote during roll call. Any member may change his vote before the next order of business. 7. 3 FAILURE TO VOTE: Every Councilmember should vote unless disqualified for cause. A Councilmember who abstains shall, for purpose of the item under con- sideration, be considered as if absent. -12- . . . ^ 7.4 RECONSIDERATION: Any Councilmember who voted with the majority may move a reconsidera- tion of any action at the same meeting or 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 Council. 7.5 TIE VOTES: Tie votes shall be lost motions. When all Councilmembers are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal, unless the Council takes other action to further consider the 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 8. RESOLUTIONS 8. 1 DEFINITIONS: As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more temporary and transitory in nature) are accomplished by "resolutions". The term "resolution" in its general sense will denote any action taken affirmatively via a vote of the Council, other than one taken by ordinance. As used in this City, however, three terms are in general use to denote such (non-ordinance) actions: "reolutions", "minute order" and "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 locally as a "resolution". This, in addition to being referenced in the minutes, will be recorded by a separate document, numbered in sequence and preserved in a separate set of books. Such "resolutions" are used in this City 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 (with the additional "whereas" explanatory material it often recites) to facilitate such future reference and research. The "motion" or "minute order" (assuming it was one which passed) 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. 8.2 RESOLUTIONS PREPARED IN ADVANCE: Where a resolution has been prepared in advance, the procedure shall be: Motion, second, discussion, vote pursuant to methods prescribed in -13- Section 7. 1, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may require that the resolution be read in full. 8.3 RESOLUTIONS NOT PREPARED IN ADVANCE: Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or the City Attorney to prepare a resolution for presentation at the next Council Meeting, or at the end of the meeting. 8.4 URGENCY RESOLUTIONS: In matters of urgency, a resolution may be presented verbally in motion form, together with instructions for written prepration for later execution. After the resolution has been verbally stated, the voting procedure in 8.2 above shall be followed. Urgency resolutions shall be avoided except when absolutely necessary, and shall be avoided entirely when resolutions are required by law, in im- provement acts, zoning matters, or force account work on public projects. Where the resolution has been drafted in written form, either before or during the meeting, this paragraph shall not be deemed applicable. SECTION 9. ORDINANCES 9. 1 INTRODUCTION AND ADOPTION OF ORDINANCES: Orinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by unanimous vote of the Councilmembers present, all ordinances shall be read in full either at the time of introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alter- ations within the meaning of this section. 9.2 EFFECTIVE DATE: All ordinances, except as provided in Section 36937 of the Govern- ment Code, shall take effect 30 days after adoption, but may be made operative at such later date as may be designated in the ordinance. 9.3 PUBLISHING: It shall be the duty of the City Clerk to post or publish all ordinances in accordance with Section 36933 of the Government Code within 15 days after adoption. • -14- ` ^ ( 9,4 URGENCY ORDINANCES: All urgency ordinances must receive four (4) affirmative votes to be adopted and to become effective immediacely. If such an ordinance fails to receive a 4/5 majority, it may thereafter be considered and passed in the same manner as regular ordinances. SECTION 10 STANDING COMMITTEES 10. 1 BUDGET AND FINANCE COMMITTEE: There shall be a standing committee of the City Council known as the Budget and Finance Committee, whose duties shall be those as prescribed in the Moorpark Municipal Code or as otherwise assigned by the City Council. The Committee shall consist of two m=mbero , one of whom shall be the Mayor or Mayor pro tem, who shall also serve as its chairperson, and the other shall be a Councilmember appointed by the City Council. 10.2 OTHER STANDING COMMITTEES: After reorganization of the Council in November of each odd numbered year, as required by Section 3. 1 , the City Council shall designate any other standing committees it deems desirable. 10.3 OTHER COMMITTEES: Other committees may be appoionted by the Mayor, as needed, with the consent of the majority of the members of the Council. ; and BE IT FURTHER RESOLVED, that Resolution No. 83-61, entitled: RESOLUTION OF THE CITY COUNCIL OF MOORPARK, ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES adopted December 21, 1983, is hereby repealed. PASSED, APPROVED AND ADOPTED this 16th day of January, 1985. Mayor of the City of Moorpark, California ATTEST: City Clerk (SEAL) -15-