HomeMy WebLinkAboutAGENDA REPORT 1998 0715 CC REG ITEM 10GAGENDA REPORT
CITY OF MOORPARK
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, City Clerk
DATE: July 8, 1998 (CC Meeting of 7/15/98)
/qo.7
ITEM 10 Op.
CITY OF MOORPARK, CALIFORNIA
City Councii Meeting
of 1-(S •q8
ACTION: Xd Q gf e d 1e fS6 . M 1) -
1'6 " 1qq5 a 5 A r'Ym ended=
:-�:1)5-T—
SUBJECT: CONSIDER RESOLUTION NO. 98- ADOPTING REVISED RULES OF
PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND
ACTIVITIES AND RESCINDING RESOLUTION NO. 97 -1416
Background
On December 17, 1997, the City Council adopted Resolution No. 97-
1416, adopting revised Rules of Procedure for Council meetings and
related functions and activities. Since that time, questions have
been raised by Councilmembers regarding roll call rotation, how
items get on the agenda, motions to table an item /taking an item
from the table and off calendar, and number of votes required for
a general plan amendment. The Ad Hoc Committee for Council Rules
of Procedure (Mayor Hunter and Councilmember Evans) met and
directed staff to prepare a staff report for Council's
consideration of minor revisions.
Discussion
The only Ad Hoc Committee agreement on a revision to the Rules of
Procedure for Council meetings pertains to the order of the roll
call for voting. The Committee's recommendation was that the order
of the roll call be rotated for voting. Two options for the
Council's consideration of a revision to Voting Procedure are as
follows:
1. For each meeting, the order of voting would be rotated by
the City Clerk from right to left for each different item
requiring a roll call vote without regard to who makes or
seconds the motion (in other words, the first roll call
vote would begin with Councilmember Evans, the second
roll vote would begin with Councilmember Wozniak, the
third roll vote would begin with Mayor Hunter, etc.); or
DST c: \m\staffrpts \cc7- 1598.mtg -proc 0 O U
Honorable City Council
July 8, 1998
Page 2
2. For each meeting, the order of voting would be the maker
of the motion, the second, and then the order of voting
would be rotated by the City Clerk from right to left for
each different item requiring a roll call vote.
A draft resolution is attached which includes Option 1 for Voting
Procedure (which would be the easiest for staff to implement) and
other minor editorial revisions made by staff in legislative
format. One of the editorial changes includes adding language to
Section 4.4, Conflict of Interest, consistent with a requirement
identified in the 1998 Conflicts of Interests pamphlet produced by
the California Attorney General's Office (which provides a summary
of eight California laws concerning conflicts of interests for
public officials).
Staff requires further direction if any revisions are to be
included in the attached resolution pertaining to the following:
Agenda Preparation - Currently staff prepares the agenda with
review by the Mayor prior to finalizing the agenda. The
Council's Rules of Procedure do not address preparation of the
agenda, although under Section 10.3, Agenda Item
Communications, language is included regarding the procedure
if a Councilmember generates an agenda item.
Section 2.12, Public Hearings - A question was raised by Mayor
Hunter regarding whether Section 2.12 should be revised to
limit the time for public testimony at a public hearing to
five minutes. If a change is proposed to limit questions or
comments from the public to five minutes for each speaker,
staff recommends that language also be included to allow the
Council the option to extend the time beyond five minutes for
all speakers on an item with the unanimous consent of the
Councilmembers present.
Section 7. 6, Motion to Table - A question was raised at a
Council meeting whether a revision may be appropriate to
clarify if any Councilmember can move to "Take from the Table"
an item or question that was previously tabled (taken off -
calendar) by majority vote, or whether only a Councilmember
that has voted with the majority to approve a motion to "Lay
on the Table" should be allowed to introduce a motion to "Take
from the Table." Staff is also concerned that the current
language in the resolution pertaining to taking an item from
DSTc : \m\staffrpts \cc7- 1598.mtg -proc ()() UK 00
Honorable City Council
July 8, 1998
Page 3
the table at any time prior to the end of the next regular
meeting may not be consistent with Brown Act requirements, and
is suggesting that the City Attorney should be consulted
regarding any proposed revision to Section 7.6. There is also
the question of what it means to table an item off calendar
and how such item gets back on the agenda.
Section 8.3, Roll Call Voting - A question was raised
regarding the vote required for general plan adoption and
amendment. Section 65356 of the Government Code states that
the legislative body shall adopt or amend a general plan by
resolution, which resolution shall be adopted by the
affirmative vote of not less than a majority of the total
membership of the legislative body. Similar language could be
added to Section 8.3 if the Council so directs. Clarification
from the City Attorney may be appropriate, however, pertaining
to whether three affirmative votes (a majority of the total
membership) are always required for a general plan adoption or
amendment if, for example, there is a vacancy on the Council,
is it a majority of those present and voting.
Staff Recommendation
Adopt Resolution No. 98- approving revised Rules of Procedure.
Attachment: Draft Resolution
DST cAm \staffrpts \cc7- 1598.mtg -proc I
tip. () 1
RESOLUTION NO. 97 4:41698-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING REVISED RULES OF
PROCEDURE FOR COUNCIL MEETINGS AND RELATED
FUNCTIONS AND ACTIVITIES AND RESCINDING
RESOLUTION NO. 94 124697-1416
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 Geuneil "'' Hee-- Gemmittee has
fide the City Council has determined that revisions to the
Rules of Procedure and the— Geuneil has eenetirred with the
a�eeeffiffiendatienaare necessary;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Moorpark that revised 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.
1.2 Procedures in Absence of Rules:
®C20%
Resolution No. 98-
Page 2
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. Invocation
3. Pledge of Allegiance
4. Roll Call
5. Proclamations and Commendations
6. Public Comments *'
7. Reordering of, and Additions to, the Agenda
(Items to be pulled from the Consent Calendar shall
be identified under this section)
8. Announcements and Future Agenda Items
9. Public Hearings
10. Presentations /Action /Discussion Items
11. Consent Calendar
12. Ordinances
13. Closed Session
-00OZ 03
Resolution No. 98-
Page 3
(If none are scheduled to be held prior to the
Agenda deadline, then Agenda shall so indicate)
14. Adjournment
*Following the Public Comments, the Council would recess to
convene the Redevelopment Agency meeting.'
2.2 Roll Call Vote and Priority Notation on Agenda
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.
2.3 Special Meeting Agenda Format
The order of business of special meeting agendas shall be
consistent with the order of business of regular meeting agendas,
although the Invocation,', Pledge of Allegiance, and Proclamations
and Commendations may not.be included.
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.
0000210:i
Resolution No. 98-
Page 4
2.6 Invocation:
The invocation shall be offered by a local clergyman or
"Silent Prayer" shall be listed on the agenda when no one is
available to give the invocation.
2.7 Roll Call /Quorum:
Before proceeding with the business of the Council, the
City Clerk shall call the roll of the Councilmembers and the
names of those present shall be entered in the minutes. The
order of the initial roll call shall be alphabetical with the
Mayor called last. Unless otherwise provided for by law, a
majority of the Council shall constitute a quorum sufficient to
do business.
2.8 Proclamations and Commendations
Proclamations and Commendations shall be limited to the
second regular meeting of the month.
2.9 Reordering of- and Additions to, the Agenda.
Except with majority consent of the Councilmembers present
and voting, items may not be taken out of order.
At this time, Councilmembers, the City Manager, City
Attorney or City Clerk may request that any item on the Consent
Calendar be withdrawn from the consent agenda for separate
consideration. Items withdrawn from the Consent Calendar shall
be considered immediately after action on the Consent Calendar in
the order that they were withdrawn.
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.
Resolution No. 98-
Page 5
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.
2.10 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
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.
2.11 Consent Calendar:
00000r.'�()
Resolution No. 98-
Page 6
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 Calendar for separate consideration. Items withdrawn
from the Consent Calendar shall be considered immediately after
action on the Consent Calendar in the order that they were
withdrawn, including any items previously withdrawn under Section
2.8.
2.12 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
Staff review
Questions of Staff by Council
Hearing Opened by Mayor
Testimony by Applicant
Other Public Testimony
Rebuttal by Applicant
Questions by Council
00G": 07
Resolution No. 98-
Page 7
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. 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.
Written statement cards may be submitted in lieu of
addressing the Council. The number of cards received in favor of,
or in opposition to, a public hearing item under consideration
will be verbally reported to the Council by the City Clerk along
with a brief summary of specific concerns /comments listed on each
card. The verbal report will be given following the last public
speaker for the public hearing and prior to the rebuttal by the
applicant. The names of those submitting written statement cards
O00Z US
Resolution No. 98-
Page 8
will be recorded in the minutes of the meeting and the written
statement cards will become a part of the official record.
2.13 Presentations /Action /Discussion Items:
Items that involve the establishment of City policy and
items of a non - routine nature shall be placed under this topic.
Presentations to the City Council by other public agencies
or groups 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
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.
UOU�
.U�
Resolution No. 98-
Page 9
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.
Written statement cards may be submitted in lieu of
addressing the Council. The number of cards received in favor of,
or opposed to, an item being considered will be verbally reported
to the Council by the City Clerk following the last public
speaker for an item. The names of those submitting written
statement cards will be recorded in the minutes of the meeting.
2.14 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.
2.15 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 general municipal election (even numbered years)
0 00& 10
Resolution No. 98-
Page 10
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 as are imposed
on all councilmembers. He or she !shall be accorded all of the
rights and privileges of a councilmember.
3.3 Maintenance of Order:
The Presiding Officer is responsible for the maintenance
of order and decorum at all times. The head of the City's police
agency or his or her designee shall be ex- officio sergeant -at-
arms of the Council. He or she ;shall carry out all orders and
instructions given him or her by the Presiding Officer for the
purpose of maintaining order and decorum in the Council Chambers.
3.4 Rulings Final Unless Overruled:
The Presiding Officer shall decide all questions of
interpretation of these rules, points of order, maintenance of
order or other questions of procedure requiring rulings. Any
such decision shall be final and shall be binding and legally
effective (even 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
000r"111
Resolution No. 98-
Page 11
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 orherself to the item under debate.
(b) A Councilmember desiring to question the staff shall
address his or her question to the City Manager, City Attorney or
Department head, as appropriate, who shall be entitled either to
answer the inquiry himself or to designate some member of his or
her staff for that purpose.
(c) A Councilmember, once recognized, shall not be
interrupted while speaking unless called to order by the
Presiding Officer, a point of order is raised by another
Councilmember pursuant to Section 3.4 or the speaker chooses to
yield to questions from another Councilmember.
(d) Any Councilmember called to order while he or she is
speaking shall cease speaking immediately until the question of
order is determined. If ruled to be in order he or she shall be
permitted to proceed. If ruled out of order he or she shall
remain silent or shall alter his or hhor 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 or her integrity, character, or motives are assailed,
questioned or impugned.
(g) Any Councilmember may move to require the Presiding
Officer to enforce the rules. The affirmative vote of a majority
of the Council present and voting shall require or her to so act.
4.2 Limitation of Debate:
Resolution No. 98-
Page 12
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 or she has the floor, without the approval of a
majority vote of the Council present and voting.
4.3 Dissents and Protests:
Any Councilmember shall have the right to express dissent
from, or protest to, any action of the Council and to have the
reason entered in the minutes. If such dissent or protest is
desired to be entered in the minutes, this should be made clear
by language such as, "I would like the minutes to show that I am
opposed to this action for the following reasons. . .
4.4 Conflict of Interest:
Any Councilmember prevented from voting on an item because
of a conflict of interest shall refrain from the discussion and
vote. once a Councilmember determines that he or she has a
financial interest in a decision under the Political Reform Act
of 1974, necessitating is°qualificat�on, he or she must publicly
announce the economic interest which is the subject of the
potential conflict of interest, and the fact that he or she is
disqualifying himself or herself from any participation in the
decision. Such member should leave the Council dais immediately
after announcing the conflict.
SECTION S. CONDUCT OF EMPLOYEES
5.1 Decorum and Order:
(a) Members of the staff and employees of the City shall
observe the same rules of procedure and decorum applicable to
members of the Council.
(b) The City Manager shall insure that all staff members
and employees observe such decorum.
(c) Any staff member or employee, including the City
Manager, desiring to address the Council or members of the public
shall first be recognized by the Chair. All remarks shall be
Joo� 13
Resolution No. 98-
Page 13
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 -arms is so directed by the Presiding Officer.
Aggravated cases shall be prosecuted on appropriate complaint
signed by the Presiding Officer.
6.2 Manner of Addressing the Council:
No person shall address the Council without being
recognized by the Presiding Officer. 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 or her 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.
000211i
Resolution No. 98-
Page 14
(b) No speaker shall be permitted to address the Council
under "Public Comments" on a Presentations /Action /Discussion item
which is on the agenda.
(c) No speaker shall be permitted to address the Council
on an item which is currently before or is under submission for
consideration by a City commission, board, committee or officer
before which the speaker should make his or her presentation,
until that body has completed its deliberations and taken its
final action. In case the speaker 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.
6.4 Video or Audiotape, Slide or Similar Presentation
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.
0002-15
Resolution No. 98-
Page 15
SECTION 7. MOTIONS
7.1 Processing of Motions:
When a motion is made and seconded, it shall be stated by
the Presiding Officer or, at the request of the Presiding
Officer, by the City Clerk before debate. A motion so stated
shall not be withdrawn by the mover without the consent of the
person seconding it.
7.2 Division of Motion:
If the motion contains two or more divisible propositions,
the Presiding Officer may, and upon request of any Councilmember
shall, divide the same, unless a majority of the Councilmembers
present 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:
0o (J' 16
Resolution No. 98-
Page 16
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.
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.
0 U (,;k 117
Resolution No. 98-
Page 17
A motion to adjourn
shall be debatable, but only
which the meeting is adjourned.
7.6 Motion to Table:
"to another time"
as to the time to
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.
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
000215
Resolution No. 98-
Page 18
the same purpose at the same meeting, but it may be
renewed for the same purpose at an adjourned
meeting of that meeting.
7.10 Motion to Postpone to a Certain
Time:
Such a motion shall be amendable and
debatable only as to propriety of postponement and
time set.
7.11 Motion to Amend:
Such a motion shall be debatable only as
to the amendment. A motion to amend an amendment
shall be in order, but a motion to amend an
amendment to an amendment shall not be in order.
An amendment modifying the intention of a motion
shall be in order, but an amendment relating to a
different matter shall not be in order. A
substitute motion on the same subject shall be
acceptable, and voted on before a vote on the
amendment. Amendments shall be voted first, then
the main motion as amended.
7.12 Motion Reconsideration:
Any Councilmember who voted with the
majority may move a reconsideration of any vote at
the same meeting or request an agenda item on the
next regular meeting or request a special meeting
called to be held prior to the next regular meeting
to consider reconsideration. The agenda item to
appear on Action /Discussion 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 0 0 ��
Resolution No. 98-
Page 19
thereof shall be made without unanimous consent of
the Council.
SECTION 8. VOTING:
8.1 Restatement of the Motion:
Upon the request of any Councilmember, the
Presiding Officer shall verbally restate each
motion immediately prior to calling for the vote.
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 -faaker of
the ffietien, the seeend and then the refflaining
ealled— lastrotated from right to left for each item
on the agenda requiring; a roll 'call; vote. The
Clerk shall call the names of all members seated
when a roll call vote is ordered or required.
Members shall respond 'aye', 'no' or 'abstain',
provided that when a vote is collectively taken by
voice or when a method of voting other than by
voice or roll call is used, any Councilmember not
audibly and clearly responding 'no' or 'abstain' or
otherwise registering an objection shall have his
or her vote recorded as 'aye'.
Following the vote, the Presiding Officer
shall verbally announce whether the motion carried
or was defeated. The Presiding Officer may also
publicly state the effect of the vote for the
benefit of the audience before proceeding to the
next item of business.
Any member may change his or her vote
before the next item of business is called.
000220
Resolution No. 98-
Page 20
8.3 Roll Call Voting:
The following matters require three
affirmative votes: a) adoption of ordinances, b)
resolutions granting franchises and c) resolutions
and orders for payment of money or appropriation of
fund; a roll call vote shall be used for these
items. A roll 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
a00�21L
Resolution No. 98-
Page 21
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 memorial ization. The
most formal is referred to as a "resolution ", which
will be recorded by a separate document, numbered
in sequence and preserved in a separate set of
books, in addition to being referenced in the
minutes. Such "resolutions" are used for various
reasons, such as when specifically required by law,
when needed as a separate evidentiary document to
be transmitted to another governmental agency, or
where the frequency of future reference back to its
contents warrants a separate document. The
"motion" or "minute order" is a Council action
which is recorded simply by an item entry in the
minutes of the meeting at which it was
accomplished, and no separate document is made to
memorialize it. The City Clerk is empowered by
State law to furnish certified excerpts of the
minutes in order to facilitate the administrative
process to which 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,
. ()()" ,r> %
Resolution No. 98-
Page 22
except to identify it. A majority vote of the
Councilmembers present and voting will require
that the resolution be read in full.
9.3 When Not Prepared In Advance:
When an ordinance 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.
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
Resolution No. 98-
Page 23
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 or her designee and a copy of such
communication 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.
All outgoing Councilmember correspondence
will be copied to the Council reading file unless
the Council is listed as a carbon copy, in which
case each Councilmember will be provided an
individual copy. Any Councilmember who generates
any written communication related to the business
of the City, other than at City Hall, shall cause a
copy to be provided to the City Clerk for
distribution. Letters produced by City staff for
Councilmembers will be created on official City
letterhead only.
10.3 Agenda Item Communications:
Any such communication which relates to an
item pending or to be brought before the Council
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
000224
Resolution No. 98-
Page 24
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 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.
0004"215
Resolution No. 98-
Page 25
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.
SECTION 11, COUNCIL MEETINGS
11.1 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 for
meetings with special purposes or for a study
session on a complex issue as determined by the
Mayor and the City Manager.
SECTION 12. ANNUAL REVIEW
The City Clerk will annually review the Rules of
Procedure with the Mayor and City Manager.
SECTION 13. Resolution No. 97 -1276 is hereby repealed.
PASSED AND ADOPTED this day of , 1998.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
VOV02 wEa