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HomeMy WebLinkAboutResolution - 96-2 RESOLUTION NO. RDA 96 2 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, CALIFORNIA, ESTABLISHING RULES OF PROCEDURE FOR THE AGRICULTURAL ADVISORY COMMITTEE OF THE RDA FOR MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES WHEREAS, the purpose of the Agricultural Advisory Committee of the Redevelopment Agency is to consider the Agency's use of eminent domain on farm land in the San Jacinto Redevelopment Project Area and to make recommendations as to the priorities of infrastructure within sub areas#1 and#2 of Amendment #1 to the San Jacinto Redevelopment Project Area. These rules will provide directory guidelines relating to the conduct of public business by or on behalf of the Committee, and in the event of any non- compliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law, and to comply with the provisions of the Brown Act. Membership in the Committee is as established by Resolution No. RDA 95-3. NOW THEREFORE, THE REDEVELOPMENT AGENCY DOES RESOLVE AS FOLLOWS: All references to gender include the masculine, feminine and neuter, and hereby adopts the following Rules of Procedure for the Committee: 1. MEETINGS 1.1 REGULAR MEETINGS The Committee shall hold meetings as necessary to fulfill the purposes described above. 1.2 ADJOURNED MEETINGS Any meeting may be adjourned to a time, place and date certain, but not beyond their next regular meeting. Once adjourned the meeting may not be reconvened. 1.3 NOTICE OF MEETINGS Posted notice is required of all meetings and shall be the responsibility of the Community Development Director. 1.4 QUORUM Unless otherwise provided for, a majority of the Committee shall be sufficient to do business and motions may be passed 2-1 if only a quorum of three (3) members attend. 1.4.1 LEGALLY REQUIRED PARTICIPATION If a majority of the members shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Committee shall select,by lot or other means of random selection, or by such impartial and equitable means as the Committee shall determine, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum. 1.5 MEETINGS TO BE PUBLIC All meetings of the Committee shall be open to the public. 2. ORDER OF BUSINESS 2.1 AGENDA The order of business of each meeting shall be as contained in the agenda prepared by the Community Development Director. The agenda shall be a listing by topics of the subjects which shall be taken up for consideration in the following order: Call to Order Public Comments Continued Items New Business Adjournment Except with majority consent of the Committee, items may not be taken out of order. Items to be considered for Committee action shall be submitted to the Community Development Director no later than two weeks prior to the meeting for consideration. Staff reports for Committee action shall be submitted to the Community Development Director no later than four days prior to the scheduled meeting. All reports shall be submitted on the proper form with complete information as to the subject matter, recommendation, fiscal impact, and contain the necessary attachments, and exhibits. 2.2 DELIVERY OF AGENDA Barring insurmountable difficulties, the agenda shall ordinarily be mailed to members. The agenda shall also be available to the general public three (3) days prior to the meeting to which it pertains. 2.3 CALL TO ORDER Before proceeding with the business of the Committee, the Community Development Director shall record the names of those members present and they shall be entered in the minutes. 2 2.4 PUBLIC COMMENTS Any person may address the Committee on any subject pertaining to business listed on the agenda during the Public Comments portion of the meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Committee during the Public Comments designation on the agenda or will be allowed as those items come up for consideration by the Committee. 2.5. APPROVAL OF MINUTES Unless requested by a majority of the Committee, minutes of the previous meeting may be approved without public reading if a copy of the minutes were previously furnished to each member of the committee, and made available to the public. Minutes shall be prepared in accordance with the agenda format and as consistent as needed for the purpose of indexing legislative history. Minutes shall contain the necessary information for auditing and providing a clean paper trail and in no event anything less than the subject matter for consideration, the fiscal impact, identify contracting firms and individuals, and the action taken. With the exception of identifying individuals addressing the Committee, and their general remarks, the comments of Committee members shall be noted only when revising or amending a matter. The minutes shall reflect only the motion and vote of the Committee unless a member notes he wishes the record to reflect the purpose of his dissenting on a matter. Abstentions by members shall be so stated along with their basis for such abstentions. 3. PRESIDING OFFICER 3.1 PRESIDING OFFICER (a) The Chairman shall be the Presiding Officer at all meetings of the Committee. In the absence of the Chairman, the Vice Chairman shall preside. In the absence of both the Chairman and Vice Chairman, the Committee shall elect a temporary presiding officer to serve until the arrival of the Chairman or the Vice Chairman or until adjournment, whichever first occurs. (b) The offices of Chairman and Vice Chairman shall be deemed vacant upon the happening of any of the following: (1) The death of the holder of such office; (2) The loss or resignation from membership on the Committee by the holder of such office; (c) At its first regular meeting after the occurrence of a vacancy created by one of the foregoing events, the Committee shall select a successor to such office. 3 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 members, and he shall not be deprived of any of the rights and privileges of'a member by reason of his acting as Presiding Officer. However, the Presiding Officer is primarily;responsible for the conduct of the meeting. If he desires to personally engage in extended debate on questions before the Committee, he should consider turning the Chair over to another member. 3.3 QUESTION OR MOTION TO BE STATED The Presiding Officer shall verbally restate or request the Community Development Director to restate each question or motion immediately prior to calling for the vote. Following the vote the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. 3.4 MAINTENANCE OF ORDER The Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair: 4. RULES, DECORUM, AND ORDER 4.1 POINTS OF ORDER The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Committee. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. 4.2 DECORUM AND ORDER - COMMITTEE MEMBERS (a) Any member desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself to the question under debate. (b) A member desiring to question the staff shall address his question to the Chair, in appropriate cases, who shall be entitled either to answer the inquiry himself or to designate some member of his staff for that purpose. (c) A member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer, unless a Point of Order is raised by another member; or unless the speaker chooses to yield to questions from another member. (d) Any member called to order while he is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he shall be permitted to proceed. If ruled to be not in order, he shall remain silent or shall alter his remarks so as to comply with the rules of the Committee. 4 (e) Members shall accord the utmost courtesy to each other, to city employees,and to the public appearing before the Committee and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. (f) Any member may move to require the Presiding Officer to enforce rules and the affirmative vote of a majority of the Committee shall require him to so act. 4.3 DECORUM AND ORDER - EMPLOYEES Members of the administrative staff and employees of the city shall observe the same rules of procedure and decorum applicable to members of the Committee. The Community Development Director shall insure that all City employees observe such decorum. Any staff members, including the Community Development Director, desiring to address the Committee 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 member or member of the public. 4.4 DECORUM AND ORDER - PUBLIC Members of the public attending Committee meetings shall observe the same rules of order and decorum applicable to the Committee. Any person making impertinent and slanderous remarks or who becomes'boisterous while addressing the Committee or while attending the Committee meeting may be ordered to leave the room by the Presiding Officer and such person may be barred from further audience before the Committee. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may order such offenders to leave the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. 4.5 ENFORCEMENT OF DECORUM As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Committee may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Committee from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. 4.6 PERSONAL PRIVILEGE The right of a member to address the Committee on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impugned. 5 4.7 CONFLICT OF INTEREST All members are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflict of interest codes adopted by the City. Any member prevented from voting because of a conflict of interest shall refrain from debate and voting. Such member may choose to leave the Committee Chambers during debate and voting on the issue. 4.8 LIMITATION OF DEBATE Members normally should speak not more than once upon any one subject until every other member choosing to speak thereon has spoken. Members shall limit their statements to five (5) minutes each time they have the floor, unless the Committee, by majority vote approves an extended period 4.9 DISSENTS, PROTESTS, AND COMMENTS Any member shall have the right to express dissent from, or protest to, or comment upon, any action of the Committee and have the reason entered in the minutes. If such dissent, protest or comment is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons..." 4.10 RULINGS OF CHAIR FINAL UNLESS OVERRULED In presiding over Committee meetings, the Presiding Officer shall refer to "Roberts Rules of Order" to decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by majority vote of the members present and voting, and shall be binding and legally effective for purposes of the matter under consideration. ADDRESSING THE COMMITTEE 5.1 MANNER OF ADDRESSING THE COMMITTEE (a) Any member of the public desiring to address the Committee shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he shall state his name and address for the record (b)All remarks and questions shall be addressed to the Chair and not to any individual member, staff member or other person. All remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. 6 (c)Any member of the Committee who has been recognized by the Presiding Officer of the Committee for such purpose may address or respond to a member of the public who has addressed the Committee pursuant thereto. Such address or response shall be exercised only once for each member of the public, shall not exceed three minutes in length, and shall be deemed to express the individual position or opinion of the member offering the same and shall not be construed to bind the Committee or the City in any manner. Unless otherwise directed by the Committee, the restrictions imposed by this Subsection (a) shall apply only to those portions of the Committee agenda during which members of the public are permitted to make public comments to the Committee. 5.2 TIME LIMITATION Any member of the public desiring to address the Committee shall limit his statement to three (3) minutes unless further time has been granted by the Presiding Officer in the individual case. 5.3 ADDRESSING THE COMMITTEE AFTER MOTION IS MADE After a motion has been made no member of the public shall address the Committee without first securing permission by a majority vote of the Committee. 5.4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS The making of public comments to the Committee by any member of the public during the "Public Comments" portion of the agenda shall be subject to the following limitations: 5.4.1 At any time, before or after the public comments is commenced, the Presiding Officer may request to direct the communication to the Community Development Director or other appropriate staff member during regular business hours, or in writing for subsequent submittal to members. 5.4.2 The Presiding Officer may limit the number of speakers heard on agenda topics at a single meeting. Those whose presentations are postponed shall be given priority at the next meeting during the "Public Comments" agenda item. 5.4.3 If it appears that several speakers desire to speak regarding a single topic, the Presiding Officer may reasonably limit the number speaking as to each side of an issue. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson. 5.4.4 No public comments shall be allowed to include charges or complaints against any employee of the City, regardless of whether such employee is identified in the presentation by name or by any other reference which tends to identify him. All charges or complaints against employees shall be submitted to the Community Development Director for appropriate action, to protect the rights of employees. 7 5.4.5 No section or subsection of these rules shall be construed as to prohibit the right of the public to the criticism of the policies, procedures, programs, or services of the city or the acts or omissions of the Committee. 5.5 PERSONS AUTHORIZED TO BE WITHIN THE DIOCESE No person except the City officials`shall be permitted within the diocese area in front of the Committee table without the invitation or consent of the Presiding Officer. 6. MOTIONS 6.1 PROCESSING OF MOTIONS When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 6.2 MOTIONS OUT OF ORDER The Presiding Officer may at any time, by majority consent of the Committee, permit a member to motion out of the regular agenda order. 6.3 DIVISION OF QUESTION If the question contains two or more divisionable propositions, the Presiding Officer may, and upon request of a member shall, divide same. 6.4 PRECEDENCE OF MOTIONS When a motion is before the Committee, no motion shall be entertained except the following, which shall have precedence in the following order: a) Adjourn b) Fix Hours of Adjournment c) Table d) Limit or Terminate Discussion e) Amend f) Postpone 6.5 MOTION TO ADJOURN (NOT DEBATABLE) A motion to adjourn shall be in order at any time, except as follows: a) When repeated without intervening business or discussion. b) When made as an interruption of a member while speaking. c) When discussion has been ended, and vote on a motion is pending, and d) While a vote is being taken. 8 _ A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned. 6.6 MOTION TO FIX HOUR OF ADJOURNMENT Such a motion shall be to set a definite time at which to adjourn and shall be undebatable and shall be unamendable except by unanimous vote. 6.7 MOTION TO TABLE A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion prevails, a vote shall be taken on the main motion. 6.9 MOTION TO AMEND A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. 6.10 MOTION TO CONTINUE Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set. 7. VOTING PROCEDURES 7.1 VOTING PROCEDURE In acting upon every motion, the vote shall be taken by manual audible means and the vote on each motion shall be entered in full upon the record. Members shall respond "aye", "nay"or "abstain", and any member not responding "no" or"abstain" or otherwise registering an objection shall have his vote recorded as "aye". The order of roll call voting shall be alphabetical with the Chair voting last. The Community Development Director shall call the names of all members seated when a roll call vote is ordered or required. 9 7.2 ROLL CALL VOTING Any question before the Committee shall not require a roll call vote unless demanded by any member. It shall not be in order for members to explain their vote during the vote. Any member may change his vote before the next order of business. 7.3 FAILURE TO VOTE Every member should vote unless disqualified for cause. 7.4 RECONSIDERATION Any member who voted with the majority may move a reconsideration of any action at the same meeting. After a motion for reconsideration has once been acted upon at the same meeting, no other motion for a reconsideration thereof shall be made without unanimous consent of the Committee at the same or subsequent meetings. 7.5 TIE VOTES Tie votes shall be lost motions.:If a tie vote results at a time when less than all members of the Committee are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Committee, unless otherwise ordered by the Committee. THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO DOES HEREBY adopt the foregoing rules and procedures to be effective immediately. APPROVED AND ADOPTED THIS 23rd day of January, 1996, by the following vote: AYES: Councilmember Cornett , Smedley, Williams , Mayor Conner NOES: None ABSENT: Councilmember Solorio ABSTAIN: None ATTEST: Approved by Pamela L. Lee DA Secre ary m nner, Chairman 10