HomeMy WebLinkAboutAGENDA REPORT 1995 1018 CC REG ITEM 11Amoon", .
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ACT "::: AGENDA REPORT
712 /( / S CITY OF MOORPARK
By
ITEM-11%A qo.7
TO: The Honorable City Council
FROM: Lillian E. Hare, City Cler�x
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DATE: September 26, 1995 (CC Meeting of 10/4/95)
SUBJECT: CONSIDER REVISIONS TO THE COUNCIL RULES OF
PROCEDURE
At the City Council meeting of November 2, 1994 Councilmember
Wozniak requested that an agenda item be prepared by staff
relative to the policies and procedures for Action /Discussion
items on the City Council agenda. In response to that request,
on November 16, the Council considered appointing an Ad Hoc
Council Committee to revise the Rules of Procedure. Mayor
Lawrason and Councilmember Wozniak were assigned to the Ad Hoc
Committee. The Committee met in January and July of this year.
At the July Ad Hoc Committee meeting, the City Attorney was
present via telephone conferencing.
The following is a list of the proposed revisions to the Rules of
Procedure organized under the section number(s) to be
revised /added:
1. Section Number 2.1
Acrenda
A. The Committee discussed but determined not to amend the
section which states:
Discussion /Action items which are judged by the City
Manager to be of high priority shall be indicated by an
asterisk.
B. The Committee discussed and concurred with
Councilmember Montgomery's previous suggestion to
delete the Committee Reports section of the City
Council agenda.
C. The Committee discussed and concurred with the
suggestion by Councilmember Wozniak at the September 6
City Council meeting that the generating Councilmember
prepare a brief, written explanation including
action /recommendation to the full Council on any item
113011 7
Rules Report
September 26, 1995
Page 2
placed by him on the agenda.
2. Section Numbers 2.7, 2.9, 2.10
Rules Governing Speakers
The passing of time from one speaker to another or speaking
in place of another speaker is not allowed.
At the beginning of a continued public hearing, the Mayor
shall say that anyone who spoke at the previous public
hearing will be limited to three minutes.
Written Communication
Written communication 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
if it is a non public hearing agenda item.
Written communication relative to a public hearing item if
presented prior to the close of the business day will be
copied for the Council, applicant, and the public agenda
binder.
Written communication which is distributed during a public
meeting shall be made available for public inspection at the
meeting if prepared by the City or a member of its
legislative body, or after the meeting if prepared by some
other person in accordance with Section 54957.5 (b) of the
Brown Act.
3. Section Number 2.10
Discussion /Action Items
At the beginning of the Discussion /Action portion of the
agenda, the Mayor will announce that all speaker cards for
all items on the Discussion /Action portion of the agenda
must be received prior to the start of the first item taken
under this section of the agenda.
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Rules Report
September 26, 1995
Page 3
4. Section Number 2. (new)
Public Request for Agenda Item
The Committee determined that the public should 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.
5. Section Number 2. (new)
Proclamations
The Committee determined to limit proclamations and special
presentations to the second regular meeting of the month.
6. Section Number 2. (new)
Format for Special Meeting Agendas.
The format for Special Meeting agendas will be included in
this section. Language at the bottom of the agenda will
indicate that the public may speak regarding any item listed
on the agenda. (This is different than regular meetings
where the public may address the Council under public
comment on anything within the subject matter jurisdiction
of the Council.)
Placement of Discussion /Action Items
This section title will be revised to be
Presentations /Discussion /Action. Presentations will be
removed from the beginning portion of the agenda where it
now appears with proclamations and commendations.
Presentations to the City Council by other public agencies
or groups will be listed first under the
Presentation /Discussion /Action heading. Continued
Presentation /Discussion /Action items will appear in the
order they previously appeared, following presentations.
Rules Report
September 26, 1995
Page 4
7. Section Number 6.3
Video or audiotape, slide or similar presentation will be
disallowed unless relative to an item on the agenda. The
audio or videotape, slide or similar presentation must be
made by the person making the presentation.
The Council may limit the total amount of time allocated for
public testimony (including presentations) on particular
issues and for each speaker.
Presentations shall be limited to the subject matter
jurisdiction of the Council. Those items not germane to the
agenda will be disallowed.
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.
8. Section Number 7.12
Any Councilmember who voted with the majority may move a
reconsideration of any vote at the same meeting or request
an agenda item on the next regular meeting or request a
special meeting called to be held prior to the next regular
meeting to consider reconsideration. The agenda item to
appear on Discussion /Action as a two -part item.
For Example:
11.A. Consider Reconsideration of
Reconsideration of vote on
The following motions cannot be reconsidered (Roberts Rules
of Order) :
Adjourn, Close Nominations, Close the Polls, Consider by
Paragraph, Create a Blank, Dispense with the Reading of the
u !._°olLls
Rules Report
September 26, 1995
Page 5
go
10.
11.
12.
Minutes, Division of the Assembly or Ordering a Rising Vote
Counted, Division of the Question, Extend Time for
Consideration of Pending Question or Time for Scheduled
Adjournment of Recess, Lay on the Table, Parliamentary
Inquiry, Point of Information, Point of Order, Proceed to
the Orders of the Day, Raise a Question of Privilege,
Recess, Reconsider, Suspend the Rules, Take from the Table,
Take Up a Question Out of Its Proper Order.
Section Number 10.2
All outgoing Councilmember correspondence created on
official City letterhead will be copied to the full Council
in their reading file or by individual copy. Letters
produced by City staff for Councilmembers will be created on
official City letterhead only.
Section Number 10.3
All agenda staff reports will be provided to the full
Council with the distribution of the agenda. Any
correspondence received or written by a Councilmember at
home relative to any City business will be brought into City
Hall to be copied for the full Council.
Section Number 10. (new)
Research
Any research requested by an
results in a written response
all Councilmembers. This is
documents on file.
Section Number 11
• E
individual Councilmember that
from staff will be copied to
not meant to include copies of
This section will be deleted as it appears in Moorpark
Operating Procedures 8 (Procedures for Standing Committees).
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Rules Report
September 26, 1995
Page 6
13. Section Number (new)
soneq
The City Clerk will annually review the Rules of Procedure
with the Mayor and City Manager.
Additional Items:
In addition to the revisions to the Rules of Procedure
indicated above, the Ad Hoc Committee also recommends that
staff be directed to take the following action:
1. Develop a script for the Mayor explaining to the public
the use of speaker cards and encouraging brief comments
or an indication of support or opposition if others
have already expressed the speaker's points.
2. Develop a script for the Mayor to use immediately prior
to the discussion /action portion of the agenda to
explain that speaker cards are due for
discussion /action items before the beginning of the
discussion /action portion of the agenda.
3. Develop language for the public hearing speaker cards
that indicate that the Mayor may place a time limit on
speakers if there are many speakers for an item.
STAFF RECOMMENDATION:
The Ad Hoc Committee and staff recommend that revisions to the
Rules of Procedure be made as presented in the report and that
the final document be place on the next regular City Council
meeting agenda for receive and file action and that staff be
directed to prepare the Mayor's script and revise Speaker Cards
as outlined in the report.
Attachment: Current Rules of Procedure
RESOLUTION NO. 94 -1022
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MOORPARK, CALIFORNIA, ADOPTING
RULES OF PROCEDURE FOR COUNCIL MEETINGS
AND RELATED FUNCTIONS AND ACTIVITIES AND
RESCINDING RESOLUTION NO. 94 -1006.
WHEREAS, Section 2.04.040 of the Moorpark Municipal
Code requires that the City Council adopt Rules of Procedure
to govern the conduct of its meetings and any of its other
functions and activities; and
WHEREAS, amendments to the Brown Act which were
enacted on October 10 and 11, 1993, require changes to City
Council Rules of Procedure to bring the Rules into
conformance with the Brown Act as amended;
NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Moorpark that Rules of Procedure for City
Council Meetings and Related Functions and Activities are
hereby- adopted, to read as follows:
SECTION ONE. The Procedures of the City Council
shall be as follows:
SECTION 1. GENERAL PROVISIONS
1.1 Purpose•
The purpose and intent of the City Council in
adopting the within rul'cs shall be to provide directory
guidelines relating to the conduct of th'e public business by
the Council. In the event of any non - compliance with, or
violation of, any provision herein, such shall not be deemed
to affect the validity of any action taken, unless otherwise
specifically provided by law.
1.2 Procedures in Absence of Rules:
In the absence of a rule herein to govern a point
or procedure, Robert's Rules of Order, Newly Revised, shall
be used as a guide.
SECTION 2. ORDER OF BUSINESS
2.1 Agenda:
The Order of Business of each meeting shall be as
contained in the Agenda prepared by the City Clerk. The
Agenda shall be a listing by topic of the items of business
which shall be transacted or discussed in the following
order:
1. Call to Order
2. Pledge of Allegiance
3. - Roll Call
4. Proclamations, Commendations and Special
Presentations
5. Reordering of, and Additions to, the Agenda
6. Public Comments
7. Committee Reports
8. Consent Calendar
9. Public Hearings
10. Announcements and Future Agenda Items
11. Discussion /Action Items
12. Ordinances
13. Closed Session
(If none are scheduled to be held prior to the
Agenda deadline, then Agenda shall so
indicate)
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(3001r1r�, 014
14. 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 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 after it is posted. Agenda reports will not be
available to the general public until after distribution to
the Council.
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 arrival of .-the Mayor. In the
absence of both the Mayor and.the Mayor Pro Tem, the meeting
shall be called to order by the City Clerk. The City Clerk
shall immediately call for the selection of a temporary
Presiding Officer who shall serve until the arrival of the
Mayor or Mayor Pro Tem or until adjournment.
2.4 Roll Call /Ouorum:
Before proceeding with the business of the Council,
the City Clerk shall call the roll of the Councilmembers and
the names of those present shall be entered in the minutes.
The order of roll call shall-be alphabetical with the Mayor
called last. Unless otherwise provided kor by law, a
majority of the Council shall constitute a quorum sufficient
to do business.
r
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 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 came to the attention of the City
subsequent to the posting of the agenda, as specified in
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Government Code Section 54954.2. A two - thirds vote of the
Council, or, if less than two - thirds are present, a
unanimous vote of those who are present, is required to add
an item to the agenda.
In addition to having the opportunity to reorder
the agenda as order of business number 5, the Mayor shall
suspend the item under discussion at 10:30 p.m. in order
that the agenda may be reordered by majority vote of the
Councilmembers present and voting. The City Clerk will
notify the Mayor that the time for reordering the agenda has
arrived.
2.6 Committee Reports:
Reports to the City Council from committees of the
Council 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 or
discussion /action 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 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
_Q,.the agenda by majority vote of the Councilmembers present
and voting. The City Clerk shall hold over to the next
adjourned regular or regular meeting, tamely 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.
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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 may
abstain from voting on any consent calendar item without
requesting its withdrawal, and the City Clerk shall record
any such abstention in the minutes. An abstention shall be
considered to be a vote in favor of the motion for purposes
of determining unanimous consent.
Prior to a motion on the consent calendar, any
Councilmember may request that any item be withdrawn from
the consent agenda for separate consideration. Items
withdrawn from the consent calendar shall be considered
immediately in the order that they were withdrawn, provided
that the Councilmember who requested that an item be
withdrawn may also request that it be considered under the
discussion /action items portion of the Agenda. All such
items shall be considered at the end of discussion /action
Items• -in the order that they were withdrawn from the consent
calendar.
2.9 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 or an appeal; or (iii) the
item has been set for public hearing by the City Council.
order: Public hearings shall be conducted in the following
� 3
Staff review ,
Questions of Staff by Council
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. An applicant's
presentation shall be limited to 30 minutes with consultant
participation generally limited to answering specific
Council questions., Quasijudic -al 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.
2.10 Discussion /Action Items:
Items that involve the establishment of City policy
and items of a non - routine nature shall be placed under this
topic.
Discussion /action items shall be conducted in the
following order:
Staff Review
Questions of Staff by Council
Public Comment
Discussion by Council
Action by Council
Questions or comments from the public shall be limited
to the item under consideration and the speaker shall be
governed by the provisions of Sections 6.1 and 6.2.
Speakers will be heard in the order that their speaker cards
are received by the City Clerk for the item during which the
speaker wishes to address the Council. However, a
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proponent /applicant may be heard first during the public
comment of a discussion /action item, if so determined by the
Mayor, but no rebuttal by the proponent /applicant shall be
allowed. All speaker cards for all items must be received
prior to the beginning of the first item of the
discussion /action.portion of the agenda. A limitation of 3
minutes shall be imposed upon each speaker.
2.11 Announcements /Future Agenda Items
Any.Councilmember who has not previously requested
during.the meeting to have an item placed on a future agenda
may do -so under this topic.
2:12 =' Closed= -:Session
A Closed Session to be held at the conclusion of a
meeting shall begin no later than 11:30 -p.m. If it is
determined by the Mayor and City Manager that a Special
meeting for Closed Session is required prior to a Regular
meeting to help control the length of the Regular meeting,
it shall begin at 5:45-p.m. unless less time is anticipated
to be needed.
SECTION 3. PRESIDING OFFICER
3.1 Selection and Term:
The Mayor shall be the Presiding Officer at all
meetings of the Council, except as otherwise provided in
Section 2.3. The office of Mayor is an elective office
with a two year term.
In accordance with Government Code Section 36801,
the Council shall meet on the Tuesday after certification of
the results of each genidiral municipal election (even
numbered years) and shall also meet at the last regular
meeting in November of each odd numbered year to choose-one
of its number as Mayor Pro Tem. Each selection shall be by
three (3) or more affirmative votes, and a failure to
achieve such total of affirmative votes shall be deemed a
selection of the incumbent to remain in office. Each person
so selected shall serve until a successor is chosen (at any
time) by three (3) or more affirmative votes.
In the case of a vacancy in the office of the Mayor
for any reason, said vacancy shall be filled in compliance
with State law.
3.2 Participation of Presiding Officer:
The Presiding Officer may move, second and debate
from the chair, subject only to such limitations of debate
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as are imposed on all councilmembers. He shall be accorded
all of the rights and privileges of a councilmember.
3.3 Maintenance of Order:
The Presiding_ Officer is responsible for the
maintenance of order and decorum at all times. The head of
the City's police agency or his designee shall be ex- officio
sergeant -at -arms of the Council. He shall carry out all
orders and instructions given him by the Presiding Officer
for the purpose of maintaining order and decorum in the
Council Chambers.
3.4 Rulings Final Unless Overruled:
The Presiding Officer shall decide all questions of
interpretation of these rules, points of order, maintenance
of order or other questions of procedure requiring rulings.
Any such decision shall be final and shall be binding and
legally effective (even though clearly erroneous) for
purposes of the item under consideration, unless overridden
by a majority vote of the Councilmembers present and voting.
Any Councilmember may seek to have the Presiding Officer's
decision overridden by moving the question "Shall. the
decision of the Presiding Officer be sustained ?"
SECTION 4. CONDUCT OF COUNCILMEMBERS
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 another Councilmember.
(d) Any Councilmember called to order while he is
speaking shall cease speaking immediately until the question
of order is determined. If ruled to be in order he shall be
permitted to proceed. If ruled out of order he shall remain
silent or shall alter his remarks so as to comply with the
rules.
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(e) Councilmember shall accord the utmost courtesy
to each other, to City employees, and to the public
appearing before the Council. They shall refrain at all
times from rude and derogatory remarks ;:. abusive- comments and
statements as to integrity, motives or personalities.
(f) The right of a Councilmember to address the
Council on a question of personal privilege shall be limited
to cases in which his integrity, character, or motives are
assailed, questioned or impugned.
(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 Debate:
A Councilmember - should not 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 the 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 bf Interest:
Any Councilmember prevented from voting on an item
because of a conflict of interest shall refrain from the
discussion and vote. Such member should leave the Council
dais immediately after announcing the conflict.
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.
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(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 rules of order and decorum
applicable to the Council pursuant to Section 4.1.
(b)' Wilful conduct that is disruptive, including
but not limited to, unauthorized.remarks from the audience,
stamping of feet, whistles, yells and similar demonstrations
shall be prohibited-,by the Presiding,�Officer. Any person
who becomes wilfully disruptive while addressing the Council
or while attending the,Council meeting shall -be'removed from
the room if the sergeant= at--arm: §,- is,:so•.-directed by the
Presiding-Officer. Aggravated -cases shall be prosecuted on
appropriate;..•complai,nt signed(by =-the' Presiding Officer.
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6.2 Manner of Addressing the Council:
No person shall address the _.Council without being
recognized by the Presiding Officer. Any member of the
public desiring to address the Council shall proceed to the
podium and wait to be recognized by the Presiding Officer.
After being recognized, the speaker shall state his name and
address for the record. All remarks and questions shall be
addressed to the Chair and not to any individual
Councilmember, staff member or other person.
6.3. 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 an discussion /action item
which is on the agenda.
0061'A)
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(c) - No speaker shall be permitted to address the
Council on an item which is currently before or is under
submission for consideration by a City commission, board,
committee or officer before which the speaker should make
his presentation, until that body has completed its
deliberations and taken its final action. In case the
speaker should have followed an otherwise available- appeal
procedure, the Presiding Officer shall not allow oral
communication to the Council outside -that procedure.
(d) No speaker shall be permitted to include
charges or complaints against any employee of the City, or
any employee of a private firm or public agency providing a
contract service to the City, regardless of whether such
employee is identified in the presentation by name or by any
other reference which tends to identify the employee. All
charges or complaints. against an employee shall be submitted
to the City Manager for appropriate action, and may also be
submitted to members of the Council by written
communication.
(e). If it appears that several speakers desire to
speak regarding any item on the Agenda, the Presiding
Officer may reasonably limit the number of speakers on each
side of the issue. In this regard, preference may be given
to speakers who represent groups of persons who have
designated a spokesperson.
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 riot 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 T }me )
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 vote on the
motion is pending; or
(d) While a vote is being taken.
A motion to adjourn - -l'to another time" shall be
debatabep.-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 tq-Amend:
Such a motion shall be_debatable. only as to the
amendment. -A,motionita.-camend . 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 Le in order. A substitute
motion on the same subject shall be acceptable, and voted on
before a vote on the amendment. Amendments shall be voted
first, then the main motion as amended.
7.12 Motion Reconsideration:
Any Councilmember who voted with
move a reconsideration of any vote at the
the next regular meeting. After a motion
reconsideration has once been acted upon,
for a reconsideration thereof shall be mac
unanimous consent of the Council.
SECTION 8. VOTING:.
8.1 Restatement of the Motion:
the majority may
same meeting or at
for
no other motion
le without
Upon the request of any Councilmember, the
Presiding Officer shall verbally restate each motion
immediately prior to calling for the vote.
8.2 Voting Procedure:
In acting upon every motion, the vote shall be
taken by voice, roll call or any other method by which the
vote of each.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, with the Mayor called last.
The Clerk shall call the names of all members seated when a
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roll call vote is ordered or required. Members shall
respond 'aye', 'no' or 'abstain', provided that when a vote
is collectively taken by voice or when a method of voting
other than by voice or roll call is used, any Councilmember
not audibly and clearly responding 'no' or 'abstain' or
otherwise registering an objection shall have his vote
recorded as 'aye'.
Following the vote, the Presiding Officer shall
verbally announce whether the motion carried or was
defeated. The Presiding Officer may also publicly state the
effect of the vote for the benefit of the audience before
proceeding to the next item of business.
Any member may change his vote before the next item
of business is called.
8.3 Roll Cal-
The following matters require three affirmative
votes: a) adoption of ordinances, b) resolutions granting
franchises and c) resolutions and orders for payment of
money or- appropriation of fund; a roll call vote shall be
Used , for =these items. A roll call vote shall not be used
for any other item before the Council unless demanded by any
Councilmember. It shall not be in order for members to
explain their vote during roll call.
8.4 Failure to 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.
8.5 Tie Votesi
When no Councilmember abstains from voting, the
motion shall be lost on a tie vote. Any member who abstains
and is not considered absent shall be deemed to have
acquiesced to the motion and'the motion shall be passed on a
tie vote.
When all Councilmembers are present, a tie vote on
whether to grant an appeal from official action or on a .
quasi - judicial matter shall be considered a denial of such
appeal or matter, unless the Council takes other action to
further consider the appeal or matter. If a tie vote
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.
(A)(31.35
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SECTION 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. ,
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 Pre ared In Advance:
When an ordinance of resolution has not been
prepared in advance, the Council, by majority vote of the
members present and voting, shall instruct the City Manager
or the City Attorney to prepare it for presentation at a
specified later time in the same meeting or at a future
Council meeting.
00013(i
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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.
SECTION 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 or his designee and a
COPY of such communication shall be provided to each of the
other members.
Any written communication provided to any Council
committee shall be provided to each of the other members.
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 to be provided to the City Clerk who shall cause a copy
Of such communication to be sent to each of the other
members.
10.3 Agenda Item Communications:
Any such communication which relates to an item
pending or to be brought before the Council shall be
included in the agenda packet for the meeting at which such
item is to be considered.
'0.1 1,
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Regardless of the source, it will take a four -
fifth's majority vote of the Council to accept additional
agenda material on the day of the Council meeting at which
the item is to be considered.
All materials distributed by any person at a City
Council 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.
Letters of appeal from administrative or commission
decisions shall be processed -under applicable provisions of.
the Municipal Code or other ordinance s _. _.: :
SECTION 11. STANDING COMMITTEES
11.1 Budget and`.,
Finance Cori►mittee:
There shall'be'a standing committee'of the Council
known as the Budget and Finance Committee, -whose duties
shall be those as prescribed -in the Moorpark Municipal Code
or As othe'rViee'x`as signed ' byfthe "Couht -il. " The Committee
shall consist of two members, 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
Mayor with the approval of the Council after the selection
of the Mayor Pro Tem each year.
11.2 Other Standing Committees:
After the selection of the Mayor Pro Tem each year,
the City Council shall designate any other standing
committees it deems desirable.
11.3 Other Committees:
Other committees may be appointed by the Mayor, as
needed, with the approval of the majority of the members of
the Council.
11.4 Meeting Schedule for Stan
din Committees:
A regular meeting schedule for Standing Council
committees will be approved by minute action of the City
Council at the first regularly scheduled meeting in January
each year.
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SECTION 12. COUNCIL MEETINGS
12.1 Schedule:
In addition to regularly scheduled meetings as set
forth in Ordinance No. 85, an adjourned meeting will be held
on the second Wednesday of the month as needed. The fourth
Wednesday will only be scheduled when required Quired for meetings
With special
purposes or for a study session on a complex
issue as determined by the Mayor and the City Manager.
repealed. SECTION 13. Resolution No. 94 -1006 is hereby
PASSED AND ADOPTED this 16th day of March, 1994.
Paul W. Lawrason Jr. Mayor
ATTEST:
c: \wP51 \reports \procedur.942
—19—
C
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
STATE OF CALIFORNIA
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK _
I, Lillian E. Hare, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Resolution No. 94 -1022 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 16th ,_day of -MARCH
-1994, and _that
the same was adopted by the following vote:
AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ AND MAYOR LAW RASON
NOES: NONE
ABSENT: C_OUNCILMEMBER WOZNIAK
ABSTAIN: NONE
WITNESS my hand and the official seal of said City
this 18th day of MARCH 1994.
fti
illian E. Hare
PAUL W. LAWRASON JR. PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M. PEREZ
Mayor Mayor Pro Tem JOHN E. ember K
Councilmember Councilmember Corn'almember
Printed on Recycled pope,