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HomeMy WebLinkAboutAGENDA REPORT 1997 1105 CC REG ITEM 09CIgO,17 CITY OF M0DW1RX Cr' ----NIA City Camcil c. i •c • .,C j Lt.T AGENDA REPORT MOORPARR CITY OF MOORPARK, CALIFORNIA liy. City Cou cil Meeting 01 199 ACTION: % TO: The Honorable City Council . vc) FROM: Lillian E. Hare, City Clerk, BY DATE: October 21, 1997 (CC meeting 11/5/97) ` SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 97- RESCINDING RESOLUTION 97 -1276 AND ADOPTING REVISED RULES OF PROCEDURE BACKGROUND The Ad Hoc Council Rules of Procedure Committee, Mayor Hunter and Councilmember Evans, met on July 23 and October 8. Following is a recap of the items discussed and the Committee's recommendations: ITEM DISCUSSED COMMITTEE RECOMMENDATION Should all outgoing Councilmember The Committee determined that they would correspondence created on official City recommend that it should be a 16tterhead be copied to the full Council? Councilmember's right to respond privately with no copy being provided to the rest of the Council but a copy to be placed in the Councilmember's chronological file To implement this change the recommendation is to delete the following paragraph from . 10.2 of the Rules of Procedure: "All outgoing Councilmember correspondence created on official City letterhead will be copied to the full Council in their reading file or by individual copy." Should Council Policies #6 be changed to The Committee determined to recommend allow for the nomination of the complete slate that no change should be made'to the of members to a board, commission or current procedure. Mayor Hunter indicated committee prior to voting individually on he would allow more time for each nominee? inputldiscussion on nominees by the Council tittdl"12"-,1 Council Report October 21, 1997 Page 2 Should an invocation be said at the beginning of each regular Council meeting? i ,, Should it be codified that scheduling meetings with applicants/developers/vendors and making promises is not within the scope of the Commissions? Should the practice of attendance by Commissioners at City Council meetings to present their view on various planning related issues be formalized? The Committee determined to recommend that an invocation be offered at the beginning of all regular Council meetings. It was further determined that the opportunity to offer the invocation be rotated among the various denominations in the City. The City Attorney indicates that the California Attorney General concluded that a county board of supervisors could open its meetings with an invocation and the same opinion applies equally to the opening of city council meetings. She further indicates that implementation procedures must be in place so that clergy could not be selected on the basis of denomination nor any denomination be denied the opportunity to participate on the basis that they do not have a clergy. As an aside, staff noted that the County Supervisor's Agenda lists "Invocation - Silent Prayer" presumably when no one has been available to offer the invocation. Staff recommends that similar situations be handled in the same manner. The Committee determined to ask staff to seek advice from the City Attorney on this issue. Depending on what is determined by the City Attorney, Staff will or will not include this within the update and revision of 232 and 236 of the Municipal Code relative to the duties and responsibilities of the Planning and Parks & Recreation Commissions. The Committee determined to recommend that this remain an informal practice The need to attend and present their view to be determined by the Commission on a case by case basis. 1 �J 006038 Council Report October 21, 1997 Page 3 What should be the Council policy on conflict The Committee determined to recommend of interest appraisals? that one conflict of interest appraisal be allowed per year per Planning Commissioner and two per year be allowed for each Councilmember. The amount of funding for these appraisals to be a budgetary consideration determined during the budget process as the Council looks at the actual projects that are likely to be heard during the fiscal year. Cost is currently $1,000 per appraisal. Should the Council concur with this recommendation, staff will revise the Council Policy Resolution to include this item. Relative to Council correspondence, who The Committee determined to recommend responds on behalf of the City? Should all that all Councilmembers be allowed to send non ceremonial correspondence be authorized out letters on City letterhead relative to any by the full Council? correspondence they deem appropriate. How should items be referred to committee? The Committee determined to recommend lbw should items come back to the full that items be referred from approved Council? objectives; by the Council at a Council meeting; by staff, or by an individual Councilmember. The Committee felt that a consensus of the Committee should be required to send an item back to the full Council Should mass mailing provisions be reiterated The Committee determined to recommend in the Rules of Procedure? that the mass mailing provisions be provided to new Councilmembers following their election as is currently the practice: Should the Brown Act requirements for The Committee determined to recommend Citizen Committees be reiterated in the Rules that guidelines for committees be drafted by of Procedure? staff that address the requirements of the Brown Act Staff will prepare .a Moorpark Operating Procedure (MAP). Should a procedure be drafted regarding what The Committee determined to recommend are appropriate announcements at that no changes are needed to the current Council/Commission meetings? practice. Council Report October 21, 1997 Page 4 The attached resolution has been revised to show changes reflecting the recommendations of the Committee. Changes are shown in legislative format. STAFF RECOMMENDATION Adopt Resolution No.97- rescinding Resolution No. 97 -1276 and revising the Rules of Procedure and direct staff to bring back the Council Policies Resolution for revision if the conflict of interest appraisals policy and policy for referral of items to committee are approved. Attachment: 1) Draft resolution 2) Appointment Policy ( #6) i , O(M 40 RESOLUTION NO. 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. 95 -1163. 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, a Council Ad Hoc Committee has recommended revisions to the Rules of Procedure and the Council has concurred with the recommendations; 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 rules shall be to provide directory guidelines relating to the conduct of the 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. 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. 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 and Commendations 5. Reordering of, and Additions to, the Agenda 6. Public Comments 7. Announcements and Future Agenda Items 8. Public Hearings 9. Presentations /Action /Discussion Items 10. Consent Calendar 11. Ordinances 12. Closed Session (If none are scheduled to be held prior to the Agenda deadline, then Agenda shall so indicate) 13. Adjournment W Items which require a roll call vote shall be so noted on the agenda. Presentations /Action /Discussion items which are judged by the City Manager to be of high priority shall be indicated by an asterisk. -2- 006042 Special Meeting agendas will not list public comment but will carry the notation at the bottom of the agenda that the public may speak regarding any item listed on the agenda as per Section 54954.3(a) of the Government Code. 2.4 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. 2.5 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 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. , =106361WOM8 • • �{ 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 for by law, a majority of the Council shall constitute a quorum sufficient to do business. Proclamations and Commendations shall be limited to the second regular meeting of the month. Except with majority consent of the Councilmembers present and voting, items may not be taken out of order. -3- OObO43 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 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. MITT Any 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 Presentations /Action /Discussion 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. 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 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 of 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, 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. -4- €06044 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 Presentations /Action /Discussion items portion of the Agenda. All such items shall be considered at the end of Presentations /Action /Discussion items in the order that they were withdrawn from the consent calendar. FEFUMMM; _ A. 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. Public hearings shall be conducted in the following order: 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 -5- 60 (,045 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. 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. 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 on an item, the Mayor may, at the beginning of the hearing, limit testimony, but in no event to less than 3 minutes per individual. Speaker cards must be presented in person by the person wishing to speak. The passing of time from one speaker to another or speaking in place of another speaker is not allowed. An applicant's presentation shall be limited to 30 minutes with consultant participation generally limited to answering specific Council questions. 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. 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 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. Discussion /Action items shall be conducted in the following order: Staff Review Questions of Staff by Council Public Comment (AAJ 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 proponent /applicant may be heard first during the public comment of a Presentations /Action /Discussion 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 Presentations /Action /Discussion portion of the agenda. A limitation of 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. At the beginning of the Presentations /Action /Discussion portion of the agenda, the Mayor will announce that all speaker cards for all items on the Presentations /Action /Discussion portion of the agenda must be received prior to the start of the first item taken under this section of the agenda. 4 2.13 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. 2.14 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. -7- 00604'7 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 general 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. .. ., V . - W. I Wer. Wei - The Presiding Officer may move, second and debate from the chair, subject only to such limitations of debate as are imposed on all councilmembers. He shall be accorded all of the rights and privileges of a councilmember. The Presiding of order and decorum police agency or his arms of the Council. instructions given h of maintaining order Officer is responsible for the maintenance at all times. The head of the City's designee shall be ex- officio sergeant -at- He shall carry out all orders and im by the Presiding Officer for the purpose and decorum in the Council Chambers. WNWIN INT-M-WAT-4 -• 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 ?" -8- (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. (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. M 0 -.. - 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 time than 5 minutes each time he has the floor, without the approval of a majority vote of the Council present and voting. r'S' 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. ." .� 0 4 1 TLK-74 - 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. • .�'i (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. R (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. (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 -arms is so directed by the Presiding Officer. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. -10- 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. 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 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. -11- orl(li1ElCZ 1 •-• • • • �- •- • {{ - -� .l 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 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 2.7, 2.9 and 2.10 shall apply. Presentations shall be limited to the subject matter jurisdiction of the Council. Those items not germane to the agenda will be disallowed. 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. 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 t4e Councilmembers present and voting votes not to do so. • - -. -� - • 4• •� 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) To Table To Limit Discussion (2/3 vote) To Call the Question (2/3 vote) To Suspend the Rules (2/3 vote) -12- `Cannot be Amended 006052 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. Such a motion shall be to set a definite time at which to adjourn and may be amended by unanimous vote. 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 "to another time" shall be debatable, but only as to the time to which the meeting is adjourned. ORMEET-TST-739 • .. - 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. -13- 00605-3 A . Such a motion shall be used to limit the time allowed each Councilmember to peak 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. 4• •! . 8 WR !- • - V) I Such a motion shall be used to close debate on, and further amendment to, the main motion. If the motion fails, debate shall be reopened; if the motion passes, a vote shall next be taken on any previously made amendments to the main motion and finally on the main motion. 7.9 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. EPN! 4. •! •.!- Such a motion shall be amendable and debatable only as to propriety of postponement and time set. 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. roll—MV "MM Me 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 -14- ovoo 54 agenda item to appear on Discussion /Action as a two -part item, e.g., 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. 8.1 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. 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 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. -15- UCWJ t� • • �• 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 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. When all Councilmembers are present, a tie vote on ,,whether to grant an appeal from official action or on a quasi - judicial matter shall be considered a denial of such appeal or matter, unless the Council takes other action to further consider the appeal or matter. If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. SECTION 9. ORDINANCES AND RESOLUTIONS 9.1 Definition: The legislative acts of the Council (rules of public conduct for long -term 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 -16- V0ki Vvt� i , 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. REFTIMT4i 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. 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. 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. -17- Oono n`7 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. ONEWN.9 W414 @— . To •ttitt _s I •� 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 Councilmember who receives or generates 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. 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. If a Councilmember generates an agenda item, the Councilmember will prepare a brief, written explanation including action /recommendation to the full Council. All agenda staff reports will be provided to the full Council with the distribution of the agenda. 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 during a public meeting related to the subject matter being discussed or considered will be made available for public inspection -18- 000055 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 Brown Act. 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. 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. 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. 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 for meetings with special purposes or for a study session on a complex issue as determined by the Mayor and the City Manager. The City Clerk will annually review the Rules of Procedure with the Mayor and City Manager. repealed. SECTION 13. Resolution a6:z No. 95 -1163 is hereby ()OCJ()15y PASSED AND ADOPTED this 5th day of November, 1997. ATTEST: City Clerk c:myfiles \lh \reports \procedur.97 Patrick Hunter, Mayor -20- (A)COW be reviewed and subject to the approval of the City Council Budget and Finance Committee. If a member of the Budget and Finance Committee submits a Claim for Expense Reimbursement, it shall be subject to the approval of the two most senior, by tenure, members of the City Council who are not members of the Budget and Finance Committee. Section 5. POLICY 5 - REPORTS FROM APPOINTEES 1. Reports are required from appointees to the following: Area Agency on Aging Area Housing Authority Moorpark Mosquito Abatement District Ventura County Transportation Committee Air Pollution Control District Advisory Committee 2. A report shall be required for each scheduled meeting of the agency, authority, district, commission or committee and is due in written form to the City Council five (5) days following the meeting; In lieu of written report, an oral report may be presented to the Council under the public comment portion of the next regularly scheduled City Council meeting after the meeting of the agency, authority, district, etc. 3. Where the City is represented by more than one person, the appointees shall coordinate and collaborate their efforts so only one report is presented to the Council. 4. If neither the appointee nor alternate is in attendance at a meeting of the agency, authority, district, etc., or if the meeting is canceled, that will be reported to the Council by the appointee(s) as prescribed above. Section 6. POLICY 6 - ADVERTISING AND APPOINTMENT POLICY FOR CITIZEN APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES 1. At the end of each calendar year, a list will be prepared and posted at the Community Center and Library of all citizen appointive positions and their expiring term of office as well as any requirements for the position. The list shall remain posted for the month of January. 2. Not later than one month prior to the expiring term of office of a citizen appointee, the City will post a notice of the expiring term and advertise in a newspaper of local distribution for interested persons in the appointive position. 5 VOCA 3. Interested persons will be asked to submit a City Board, Commission, and Committee Application. 4. When an unscheduled vacancy occurs on the Planning Commission or Parks and Recreation Commission, notice will be posted in compliance with the Maddy Act requirements. 5. The City Clerk shall maintain a resource list of citizens who have expressed an interest in serving as appointees on advisory boards, commissions and committees and will have them complete an application. The annual assessment district mailer will include a request for persons interested in serving as a City Council appointee to contact the City Clerk. 6. A press release on every vacancy shall be prepared and sent to the Moorpark Star and all other papers of local distribution regarding an expiring or unscheduled vacancy. 7. The Moorpark Citizen -link Computer shall carry the yearly appointment list and a request for communication with the City Clerk in the event a citizen has an interest in being placed on the appointee resource list. 8. A notice regarding every vacancy shall be cablecast on the City's governmental and information channel (Channel 10) along with the request for communication with the City Clerk in the event a citizen has an interest in being placed on the appointee resource list. 9. As per Government Code Section 40605, the Mayor shall make all appointments to boards, commissions and committees. 10. The procedure for appointments shall be as follows: A. The Mayor shall solicit suggested nominees from members of the Council. B. The Mayor shall make a motion putting forth a single name to be approved for appointment. C. A second shall be required. D. The Council shall vote on each appointment individually. 6 '