COUNCIL MEMBERS:
COUNCIL MEMBERS:
J^z^jZ^fnsay, C^/^Clifk
^aruk Takali, Mayor
PASSED AND ADOPTED at an Adjourned Regular Meeting of the City Council of the city of Marina duly held on the 7th day of April, 1994, by the following vote:
John Wilmot, Loyde Yates, Mayor Pro
Tem Jim Perrine & Mayor Zaruk
Takali .
NONE
NONE ——
EXHIBIT A
31 98
RESOLUTION NO. 98-03
8. ORDER OF BUSINESS
i
^terrine.
I
1 ATTEST:
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Marina duly held on the 20th day of January, 1998, by the following vote:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
AMENDING RESOLUTION NO. 94-15 RELATING TO THE ORDER OF BUSINESS AYES,
NOES,
ABSENT,
ABSTAIN,
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
1. 2.
3. 4.
H. GUSTAFSON, J. WIL]
J. VOCELKA.
NONE
NONE
5. 6.
7. 8.
9. 10.
11. 12.
13. 14.
CALL TO ORDER 6:00 P.M.
ROLL CALL & ESTABLISHMENT OF QUORUM
CLOSED SESSION
OPEN REGULAR SESSION - REPORT ON ANY ACTION TAKEN IN
CLOSED SESSION
MOMENT OF SILENCE (Please stand) & PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS
SPECIAL ANNOUNCEMENTS
COMMUNICATIONS FROM THE FLOOR
CONSENT AGENDA
PUBLIC HEARINGS
OTHER COUNCIL ACTION ITEMS
COUNCIL & STAFF INFORMATIONAL REPORTS
CORRESPONDENCE
ADJOURNMENT
i
The business of the Council shall be taken up for consideration and disposition in the Mowing order:
BE IT RESOLVED by this City Council of the City of Marina, that Resolution No. 94-15 is hereby amended to delete Section 8*in its entirety and is replaced by a new Section 8 to read as follows:
ioy^rOsayCity Cteri
umes K Vocelka, Mayor
EXHIBIT A
32 99
RESOLUTION NO. 99-01
WHEREAS, the City Council adopted Resolution No. 98-03 is hereby amended as follows:
8. ORDER OF BUSINESS
5. AYES, COUNCIL MEMBERS:
ATTEST:
Jo; I
I
I
RESOLUTION OF THE QTY COUNCIL OF THE CITY OF MARINA
AMENDING RESOLUTION NO. 98-03 RELATING TO THE ORDER OF BUSINESS
1. 2.
3. 4.
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
i
I
CALL TO ORDER 6:06ThMr 5:30 P.M.
ROLL CALL & ESTABLISHMENT OF QUORUM
CLOSED SESSION
OPEN REGULAR SESSION (6:30 PM) - REPORT ON ANY ACTION
TAKEN IN CLOSED SESSION
MOMENT OF SILENCE (Please stand) & PLEDGE OF ALLEGIANCE (Please remaining standing)
SPECIAL PRESENTATIONS
SPECIAL ANNOUNCEMENTS
COMMUNICATIONS FROM THE FLOOW
CONSENT AGENDA
PUBLIC HEARINGS
OTHER COUNCIL ACTION ITEMS
COUNCIL & STAFF INFORMATIONAL REPORTS
CORRESPONDENCE
ADJOURNMENT
NOES,
ABSENT,
ABSTAIN,
6. 7.
8. 9.
10. 11.
12. 13.
14. James E. Perrine, Mayor
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Marina duly held on the 5,hday of January, 1998, by the following vote:
The business of the City Council shall be taken up for consideration and disposition in the following order:
D. Cleary, H. Gustafson, L Mettee-McCutchon, K.
Nishi, and Mayor J. Perrine.
NONE
NONE
NONE z—x C )
< Junsay, City
EXHIBIT A
33 100
RESOLUTION NO. 2001-1061
2 3
-oOo-
4 BE IT RESOLVED by the city Council of the City of Marina , 5 that paragraph 2 of Resolution No. 80-71 is hereby amended to 6 show that City Council meetings should begin at 5:30 P.M. on the 7 days indicated so that said paragraph now reads as follows:
8 Regular Meetings.
9 10
11 12
13 14
15 PASSED AND ADOPTED by the City Council of the City of16 Marina at a regular meeting duly held September 18 r 2001, byon 17 the following vote:
18 AYES:
19 20 NOES; COUNCIL MEMBERS: None.
21 ABSENT: COUNCIL MEMBERS: None.
22 23
James E, Perrine, Mayor
24 ATTEST:
25 26
27 C;VtetaWRJN«fiENERAUORaN\MgEnNBS.B18
A RESOLUTION AMENDING RESOLUTION NO. 80 -’71 REGARDING THE
HOURS OF REGULAR MEETINGS OF THE CITY COUNCIL
28 LAW OFFICES OF
IT R. WELLINGTON
!.7 CA33 STREET
SUITE D
MONTEREY)
CALIFORNIA 93940
TELEPHONE
(831)373-6733
J^y/P Z ^Fimsay^xjiit^ Clerk
COUNCIL MEMBERS: J. Perrine, H. Gustafson, B.
Delgado, I. Mettee-McCutchon and M. Morrison.
"2 . Regular Meetings . The City Council shall hold
regular meetings on the first and third Tuesday of each month at the hour of 5:30 p.m. in the Council Chambers
of city Hall, 211 Hillcrest Avenue in the City, or such other place within the City limits to which said
meeting may be adjourned. If by reasons of fire, flood
or other emergency it shall be unsafe to meet in City
Hall, the meetings may be held for the duration of the
emergency at such other place as is designated by the
Mayor or, if he should fail to act, by three members of the City Council. When the day for any regular meeting
falls on a legal holiday, no meeting shall be held on
such holiday, but a regular meeting shall be held at
the same hour on the following business day.”
EXHIBIT A
34 101
RESOLUTION NO. 2009-41
WHEREAS, on March 17, 2009, the City Council discussed and received public input.
1. 2.
3. PASSED AND ADOPTED by the City Council of the city of Marina at a regular meeting duly held on the 17lhday of March 2009, by the following vote; Bruce C. Delgado, Mayor
ATTEST:
Dimitra M. Hubbard, Deputy City Clerk
WHEREAS, on December 2, 1980, the City Council of the City of Marina adopted Resolution No. 80-71 which limits the public from addressing the City Council to three (3) minutes, and;
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
REPEALING SECTION 27a OF RESOLUTION NO. 80-71 AND
APPROVING CHANGING THE THREE MINUTE LIMITATION FOR
PUBLIC COMMENTS TO FOUR (4) MINUTES
Repeal Section 27a of Resolution No. 80-71 relative to three (3) minute time limit for public comment;
Approve changing three (3) minute limitation for public comment to four (4) minutes; and
Encourage the commissions, committees and boards to do the same and go with four (4) minutes for public comment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:
AYES, COUNCIL MEMBERS: Ford, McCall, O’Connell, Delgado NOES, COUNCIL MEMBERS: Gray
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
WHEREAS, at a regular meeting of January 20, 2009 Council member Frank O’Connell requested that the council place as a future agenda item the modifying of the three minute limitation of comments made by the public on action matters, and;
EXHIBIT A
35 102
I,
ATTEST:
Anita Sharp, Acting int^City Clerk
WHEREAS, the Council has determined that on occasion the unanimous vote requirement of Paragraph 33 of the Rules and Procedures to postpone adjournment beyond 10:30 p.m. results in City Council business/matlers not being concluded during the meeting, even as to matters where interested parties have waited up to four hours for consideration;
PASSED AND ADOPTED by the City Council of the City of Marina at a regular* meeting duly held on March 1, 201 1, by the following vote:
WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80-71 Establishing the Rules and Procedures for the Conduct of Meetings of the City Council (“Rules and Procedures”); and
AYES: COUNCIL MEMBERS: Brown, Ford, O’Connell, Delgado
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Amadeo
ABSTAIN: COUNCIL MEMBERS: None
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Marina, that Paragraph 34, entitled “Amendment of Rules,” of the Rules and Procedures is hereby deleted in its entirety and replaced with anew paragraph 34 to read as follows (new language shown in italics):
RESOLUTION NO. 201 1-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA AMENDING PARAGRAPH 34 OF RESOLUTION NO. 80-71 ENTITLED “AMENDMENT OF RULES” WHEREAS, Paragraph 34 of the Rules and Procedures, entitled “Amendment of Rules,” provides that the rules may be amended by an affirmative vote of a majority of a quorum; provided, however, that where a provision of the rules require action by a super-majority, then an amendment to such a rule also requires a vote by that same super-majority; and
Bruce C. Delgado, Mayor
“34. Amendment of Rules. These rules may be amended by an affirmative vote of a majority of a quorum; provided, however, that except as to rules relating to adjournment, where a provision of these rules requires action by a specific affirmative vote which is greater than a majority of a quorum, then amendment to that rule requires the same vote required for the rule proposed to be amended.”
EXHIBIT A
36 103
i
Bruce C. Delgado, Mayor
ATTEST:
s
WHEREAS, Paragraph 33 of the Rules and Procedures, entitled “Automatic Adjournment,” provides for automatic adjournment at 10:00 p.m. except that a majority may extend adjournment to 10:30p.m., and adjournment may then be further postponed by unanimous consent; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Marina, that Paragraph 33 of the Rules and Procedures, entitled “Automatic Adjournment,” of the Rules and Procedures is hereby deleted in its entirety and replaced with a new paragraph 34 to read as follows:
WHEREAS, the Council has determined that on occasion the unanimous vote requirement of Paragraph 33 of the Rules and Procedures to postpone adjournment beyond 10:30 p.m. results in City Council business/matters not being concluded during the meeting, even as to matters where interested parties have waited up to four hours for consideration;
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on March 1, 201 1, by the following vote:
WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80-71 Establishing the Rules and Procedures for the Conduct of Meetings of the City Council (“Rules and Procedures”); and
AYES: COUNCIL MEMBERS: Brown, Ford, O’Connell, Delgado
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Amadeo
ABSTAIN: COUNCIL MEMBERS: None
RESOLUTION NO. 201 1-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
AMENDING PARAGRAPH 33 OF
RESOLUTION NO. 80-71 ENTITLED “AUTOMATIC ADJOURNMENT”
Anita Sharp,Acting^Deptd^City Clerk
“33. Automatic Adjournment. Unless otherwise adjourned, all meetings of the City Council shall automatically be adjourned at 10:00 o’clock p.m., except that a majority may by one or more motions act to extend the automatic adjournment to not later than a specified time, or for completion of a particular item or items, as specified in the motion to extend the time of adjournment.”
EXHIBIT A
37 104
RESOLUTION NO. 2011-65
!
a)
I
I
I
I
b)
c)
d)
WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80-71 Establishing the Rules and Procedures for the Conduct of Meetings of the City Council (“Rules and Procedures”); and
WHEREAS, at the regular meeting of April 5, 201 1, the City Council considered three actions to further streamline City Council meetings; and,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Marina, as follows:
1. That Paragraph 7 (a) of the Rules and Procedures, entitled “Availability to the Public,” is hereby deleted in its entirety and replaced with a new Paragraph so that the paragraph now reads as follows (new language shown in Italics}'.
That correspondence addressed to the City council which is received by the City Clerk or any other officer or employee of the city becomes a public record as soon as it is received; and,
Eliminate “correspondence” from the agenda; and
Combine special announcements and communications from the floor; and, Allow the Mayor, subject to majority vote overruling him/her, to re-arrange agenda; and,
I
WHEREAS, Paragraph 7 (a) of the Rules and Procedures, entitled “Availability to the Public,” establishes the time at which correspondence addressed to the City Council is a public record; and, WHEREAS, after discussion, the City Council approved and directed staff to place on a future agenda a resolution to make the following changes to the Rules and Procedures:
WHEREAS, Paragraph 8 of the Rules and Procedures, entitled “Order of Business and Consideration and Sequence of Agenda Items,” establishes the order of taking up business during Council meetings, thereby establishing the agenda, and a prohibition as to changing the Order of Business;
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
AMENDING RESOLUTION NO. 80-71, PARAGRAPH 7 (a) TO MODIFY THE
TIME AT WHICH CORRESPONDENCE BECOMES A PUBLIC RECORD AND PARAGRAPH 8 TO COMBINE SPECIAL ANNOUNCEMENTS AND
COMMUNICATIONS FROM THE FLOOR, ELIMINATE “CORRESPONDENCE”
FROM THE ORDER OF BUSINESS AND THE AGENDA AND ALLOW THE
MAYOR, SUBJECT TO MAJORITY VOTE OVERRULING HIM/HER, TO RE
ARRANGE AGENDA ITEMS
EXHIBIT A
38 105
i
1b)
i
j
1 i
2. That Paragraph 8 of the Rules and Procedures, as previously amended, entitled “Order of Business and Consideration of Agenda Items,” is hereby deleted in its entirety and replaced with a new Paragraph so that the Paragraph now reads as follows (changes shown in italics)'.
Resolution No, 2011-65
1. 2.
3. 4.
Call to Order 5:30 p,m. (if there is to be a Closed Session) Roll Call and Establishment of Quorum
Closed Session (if any)
Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session
Moment of Silence & Pledge of Allegiance
Special Presentations
Special Announcements and Communications from the Floor -4 Minutes Each Person pursuant to Paragraph 27 a)
Consent Agenda
Public Hearings
Other Council Action Items
Council & Staff Informational Reports
Adjournment
I
8. 9.
10. 11.
12. 5.
6. 7.
a) The business of the City Council shall be taken up for consideration and disposition in the following order (Resolution No. 99-01):
The Mayor, at his/her discretion and subject to majority vote overruling him/her, may re-arrange agenda items, provided that any items ‘pulled’ from Item 8, ‘Consent Agenda’ shall be considered following the last item of Item 10, ‘Other Council Action Items’.
“8 . Order of Business and Consideration and Sequence of Agenda Items. “a) Availability to the Public. Correspondence addressed to the City Council which is received by the City Clerk or any other officer or employee of the City becomes a disclosable public record, unless subject to an exemptions Under the California Public Records Act, as soon as it is received.
Correspondence received in the City Clerk’s office or other offices after 12:00 o’clock noon on the Wednesday preceding a regular meeting shall not be placed on the agenda unless it concerns a matter to be considered by the Council at the next regular meeting or is determined by the Mayor or the City Manager to be an urgent matter which should be brought to the immediate attention of the Council.
Correspondence shall not be read aloud at a Council meeting unless requested by a majority vote of the Council.”
EXHIBIT A
39 106
C)
3. 4.
I
!
.race C. Delgado, Mayor
ATTEST:
i
!
1 i
>
i
1. 2.
Resolution No. 20 11-65
5. 6.
7. 8.
9. Mayor Introduces the Agenda Item
City Manager/Executive Director (or designee/Council Member) Presents Staff Report
Applicant/proponent, when appropriate, up to 10 minutes (at Presiding Officer’s discretion)
City Council Clarifying Questions of Staff and
Applicant/Proponent
Brief Council Comments and Motion
Public Comments - 4 Minutes Each. Person pursuant io Paragraph 27 a)
Mayor Closes Public Hearing/Public Comments
Council Discussion
Council Vote”
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on April 19, 201 1, by the following vote:
The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:
AYES: COUNCIL MEMBERS: Amadeo, Brown, Ford, O’Connell, Delgado NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
AnitaSharp,Actin^Qeguty^ityClerk
EXHIBIT A
40 107
!
3. 4.
~BraceC/Delgado, Mayor
ATTEST:
?
Resolution No. 201 1-65
L
2. AYES: COUNCIL MEMBERS: Amadeo, Brown, Ford, O’Connell, Delgado NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None S'
ABSTAIN: COUNCIL MEMBERS: None
5. 6.
I
i
I
Mayor Introduces the Agenda Item
City Manager/Executive Director (or dcsignee/Council Member) Presents Staff Report
Applicant/proponent, when appropriate, up to 10 minutes (at Presiding Officer’s discretion)
City Council Clarifying Questions of Staff and
Applicant/Proponent
Brief Council Comments and Motion
Public Comments - 4 Minutes Each Person pursuant to Paragraph 27 a)
Mayor Closes Public Hearing/Public Comments
Council Discussion
Council Vote”
7. 8.
9. Anita Sharp, Actin^-QeputyjPity Clerk
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on April 19, 201 1, by the following vote:
c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:
EXHIBIT A
41 108
RESOLUTION NO. 2019- 107
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Marina, as follows:
WHEREAS, Paragraphs 2 and 8. a) as amended of the Rules and Procedures, entitled “Regular Meetings” and “Order of Business and Consideration and Sequence of Agenda Items,” establish the hour and the order of taking up business during Council meetings, thereby establishing the agenda, and preclude arbitrarily setting the times the Council may convene in closed and open session; and WHEREAS, after discussion and soliciting comments from the public the Council has determined that if there is to be a closed session on an Agenda for a regular meeting, the Council should convene at the hour of 5:00 p.m.; and
WHEREAS, Paragraphs 2 includes a provision requiring the vote of three members of the City Council in the event of an emergency, and in the absence of action by the Mayor, to meet as such other place than City Hall as shall be designated, and therefore passage of this Resolution shall require the affirmative vote of not less than three members of the City Council.
WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. SO- 71 Establishing the Rules and Procedures for the Conduct of Meetings of the Marina City Council (“Rules and Procedures”): and
WHEREAS, at the regular meetings of April 7, 1994 (Reso. 94-15), January 5, 1998 (Reso. 99-01), October 18, 2001 (Reso. 01-106), and April 19, 2011 (Reso. 2011-65), the City Council considered actions to further set the hours for convening City Council meetings in closed session and in open session; and
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
AMENDING RESOLUTION NO. 80-71, PARAGRAPHS 2 AND 8 a), TO MODIFY
THE HOUR AT WHICH THE CITY COUNCIL WILL CONVENE IN CLOSED
SEESION AT A REGULAR MEETING
WHEREAS, Paragraph 34 of the Rules and Procedures entitled “Amendment of Rules” provides that the rules may be amended by an affirmative vote of a majority of a quorum; providing, however, that when a provision of the rules require action by a super-majority, then an amendment to such a rule also requires a vote by that same super-majority; and
“2. Regular Meetings. The City Council shall hold regular meetings on the first and third Tuesday of each month convening at the hour of 5:00 p.m. if there is to be a closed session and convening in open session at the hour of 6:30 p.m.in the Council Chambers of City Hall, 21 1 Hillcrest Avenue in the City, or such other place within the City limits to which said meeting may be adjourned, If by reason of fire, flood or other emergency it shall be unsafe to meet in City Hall, the meetings may be held for the duration of the emergency at such other place and at such hour as is designated by the Mayor or, if he should fail to act, by three members of the City Council. When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the following business day.”
1. That Paragraph 2 of the Resolution 80-71 Establishing Rules and Procedures for the Conduct of the Meetings of the Marina City Council, as previously amended by Resolution 2001-106, entitled “Regular Meetings” is hereby deleted in its entirety and replaced with a new Paragraph 2 so that the Paragraph now reads as follows {changes shown in italics):
EXHIBIT A
42 109
“8. Order of Business and Consideration and Sequence of Agenda Items.
Bruce C. Delgado, Mayor
ATTEST:
Anita Sharp, Deputy City Clerk
Resolution No. 2019-107
Page Two
2. That Paragraph 8.a) of Resolution 80-71 Establishing Rules and Procedures for the Conduct of the Meetings of the Marina City Council, as previously amended by Resolutions 94-15, 99-01 and 2011- 65, entitled “Order of Business and Consideration and Sequence of Agenda Items,” is hereby deleted in its entirety and replaced with a new Paragraph 8.a) so that the Paragraph now reads as follows {changes shown in italics):
a) The business of the City Council shall be taken up for consideration and disposition in the following order (Resolution Nos. 94-15, 99-01 , 201 1-65 and 2019 -
1. 2.
3. 4.
8. 9.
10. 11.
12. 5.
6. 7.
Call to Order 5:00 p.m. (ifthere is to be a Closed Session) Roll Call and Establishment of Quorum
Closed Session (if any)
Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session
Moment of Silence & Pledge of Allegiance
Special Presentations
Special Announcements and Communications from the Floor - 4 Minutes Each Person pursuant to Paragraph 27 a)
Consent Agenda
Public Hearings
Other Council Action Items
Council & Staff Informational Reports
Adjournment”
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 15thDay of October 2019, by the following vote:
AYES: COUNCIL MEMBERS: Berkley, Urrutia, O’Connell, Morton, Delgado NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
EXHIBIT A
43 110
30919\001\1614953.1:81222
AGENDA
DATE 5:00 P.M. Closed Session
6:30 P.M. Open Session
REGULAR MEETING
CITY COUNCIL, AIRPORT COMMISSION,
MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK SUSTAINABLE
COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR AGENCY OF THE FORMER
MARINA REDEVELOPMENT AGENCY AND MARINA GROUNDWATER
SUSTAINABILITY AGENCY
Council Chambers
211 Hillcrest Avenue
Marina, California
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556 In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom on March 4, 2020, under the provisions of Government Code §8625 rel ated to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determined in Resolution 2022-78, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of May 31, 2022, or such time as the City Council may adopt a resolution in accordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on the City of Marina Channel and on the internet at https://accessmediaproductions.org/
PARTICIPATION
You may participate in the City Council meeting in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of this agenda. Instructions on how to access, view and participate in r emote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by using the “Raise Your Hand” feature in the webinar or by pressing *9 on your telephone keypad if joining by phone only. If you are unable to participate in real-time, you may email to [email protected] with the subject line “Public Comment Item#__ ” (insert the item num ber relevant to your comment) or “Public Comment – Non Agenda Item.” Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments received will become part of the record. Council will have the option to modify their action on items based on comments received.
AGENDA MATERIALS
Agenda materials, staff reports and background information related to regular agenda items are available on the City of Marina’s website www.cityofmarina.org. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet will be made available on the City of Marina website www.cityofmarina.org subject to City staff’s ability to post the documents before the meeting
EXHIBIT B
44 111
Agenda for City Council Meeting of DATE Page 2
30919\001\1614953.1:81222
VISION STATEMENT
Marina will grow and mature from a small town bedroom community to a small city which is diversified, vibrant and through positive relationships with regional agencies, self-sufficient. The City will develop in a way that insulates it from the negative impacts of urban sprawl to become a desirable residential and business community in a natural setting. (Resolution No. 2006-112 - May 2, 2006)
MISSION STATEMENT
The City Council will provide the leadership in protecting Marina’s natural setting while developing the City in a way that provides a balance of housing, jobs and business opportunities that will result in a community characterized by a desirable qu ality of life, including recreation and cultural opportunities, a safe environment and an economic viability that supports a high level of municipal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006)
1. CALL TO ORDER
2. ROLL CALL & ESTAB LISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)
Cristina Medina Dirksen, David Burnett, Lisa Berkley, Mayor Pro -Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado
3. PUBLIC COMMENT:
4. CLOSED SESSION: As permitted by Government Code Section 54956 et seq. , the (City Council, Airport Com missioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency) may adjourn to a Closed or Executive S ession to consider specific matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City’s Meyers -Milias- Brown Act representative.
a. Conference with Legal Counsel, Item #1
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN
CLOSED SESSION
5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
6. SPECIAL PRESENTATIONS:
a. Presentation #1
7. SPECIAL COUNCIL AND STAFF ANNOUNCEMENTS AND
8. COMMUNICATIONS FROM THE FLOORPUBLIC COMMENT: Any member of the Public or the City Council may make an announcement of special events or meetings of interest as information to Council and Public. Any member of the public may comment on any matter within the City Council’s jurisdiction which that is not on the agenda. Please state your name for the record. Action will not be taken on an items that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. City Council members or City staff may briefly respond to statements made or questions posed as permitted by Government Code Section 54954.2. In order that all interested parties have an opportunity to speak, please limit comments to a Comments are limited to a maximum of four three (43) minutes. Any member of the public may comm ent on any matter listed on this agenda at the time the matter is being considered by the City Council . Whenever possible, written correspondence
EXHIBIT B
45 112
Agenda for City Council Meeting of DATE Page 3
30919\001\1614953.1:81222
should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration.
9. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGE NCY: Background information has been provided to the Successor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these items are cons idered to be routine and non -controversial. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item a nd staff will provide a response. If discussion or a lengthy explanation is required, that item will be removed from the Consent Agenda for Successor Agency to the former Marina Redevelopment Agency remove an item from the Consent Agenda for individual consideration. If an item is pulled for discussion, it and will be placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.
10. CONSENT AGENDA: Background information has been provided to the City Council, Airport Commission, Marina Abrams B Non -Profit Corporation, and Redevelopment Agency on all matters listed under the Consent Agenda, and these These items are considered to be routine and non - controversial. All items under the Consent Agenda are normallymay be approved by one motion. Any member of Council or the public may remove an item from the Consent Agenda for individual consideration. Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will provide a response. If discussion or a lengthy explanation is required, that an item is pulled for discussion, it will be removed from the Consent Agenda and placed at the end of Other Action Items. a. ACCOUNTS PAYABLE:
(1) Accounts Payable Check Numbers XXX– ______, totaling $ b. MINUTES:
(1) DATE, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) City Council consider adopting Resolution No. 2022-, regarding . . . g. APPROVAL OF AGREEMENTS:
(1) City Council consider adopting Resolution No. 2022-, approving . . . h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS:
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) City Council consider adopting Ordinance No. 2022-, approving . . . m. APPROVE APPOINTMENTS: None
11. PUBLIC HEARINGS: For public hearings involving a quasi -judicial determination by the Council, in the Council’s discretion, the applicant/proponent of an item may be given up to ten (10) minutes to
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speak. All other persons may be given up to three (3) minutes to speak. In public hearings not involving a quasi-judicial determination by the Council, all persons may be given up to three (3) minutes to speak on the matter.
a. City Coun cil open a public hearing and consider adopting Resolution No, 2022 -, approving . . .
12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that which is requested by staff. The Succ essor Agency may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to fourMembers of the public may be given up to three (43) minutes of public commentto speak.
13. OTHER ACTION ITEMS: Action listed for e ach Agenda item is that which is requested by staff.
The City Council may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to four (4) minutes of public comment. Members of the public may be given up to three (3) minutes to speak.
Note: No additional major projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider . . .
14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. AB1234 Reports Council and staff opportunity to ask a question for clarification or make a brief report on his or her own activities as permitted by Government Code Section 54954.2.
15. ADJOURNMENT:
CERTIFICATION
I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Council Chambers Bulletin Board at 211 Hillcrest Avenue, Monterey County Library Marina Branch a t 190 Seaside Circle, City Bulletin Board at the corner of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, July 15, 2022.
___________________________________
ANITA SHARP, DEPUTY CITY CLERK
City Council, Airport Commission and Red evelopment Agency meetings are recorded on tape and available for public review and listening at the Office of the City Clerk and kept for a period of 90 days after the formal approval of MINUTES.
City Council meetings may be viewed live on the meeting nig ht and at 12:30 p.m. and 3:00 p.m. on Cable Channel 25 on the Sunday following the Regular City Council meeting date. In addition, Council meetings can be viewed at 6:30 p.m. every Monday, Tuesday and Wednesday. For more information about viewing the Council Meetings on Channel 25, you may contact Access Monterey Peninsula directly at 831-333-1267.
Agenda items and staff reports are public record and are available for public review on the City's website (www.ciytofmarina.org), at the Monterey County Marina Library Branch at 190 Seaside Circle and at the Office of the City Clerk at 211 Hillcrest Avenue, Marina between the hours of 10:00 a.m. 5:00 p.m., on the Monday preceding the meeting.
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Supplemental materials received after the close of the final agenda and through noon on the day of the scheduled meeting will be available for public review at the City Clerk’s Office during regular office hours and in a ‘Supplemental Binder’ at the meeting.
Members of the public may receive the City Council, Airport Commission and Successor Agency of the Former Redevelopment Agency Agenda at a cost of $55 per year or by providing a self -addressed, stamped envelope to the City Clerk. The Agenda is also available at no cost via em ail by notifying the City Clerk at [email protected]
ALL MEETINGS ARE OPEN TO THE PUBLIC. THE CITY OF MARINA DOES NOT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES. Council Chambers are wheelchair a ccessible. Mmeetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. Tto request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please call (831) 884-1278 or e-mail: [email protected]. Rrequests must be made at least 48 hours in advance of the meeting.
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Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg
Exhibit F
116
ii
MISSION and CORE BELIEFS
T o expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
VISION
T o be recognized and respected as the leading advocate for the common interests of California’s cities.
About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.
The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.
About the Author
Dave Rosenberg is a Superior Court Judge in Y olo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Y olo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Y olo-Solano Air Quality Management District, the Y olo County Economic Development Commission, and the Y olo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
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1 Table of Contents
About the Author ............................................................................................................ii I
ntroduction
....................................................................................................................2 Establishing a Quorum
...................................................................................................2 The Role of the Chair
......................................................................................................2 The Basic Format for an Agenda Item Discussion
........................................................2 Motions in General
.........................................................................................................3 The Three Basic Motions
................................................................................................3 Multiple Motions Before the Body
.................................................................................4 T o Debate or Not to Debate
............................................................................................4 Majority and Super-Majority Votes
...............................................................................5 Counting Votes
................................................................................................................5 The Motion to Reconsider
..............................................................................................6 Courtesy and Decorum
..................................................................................................7 Special Notes About Public Input
..................................................................................7 118
2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.
A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.
When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.
The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.
The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.
Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. T o the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.
The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.
Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:
Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.
Hence, the birth of Rosenberg’s Rules of Order.
What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.
This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:
1. R
ules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.
2. R
ules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.
3. R
ules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.
4. R
ules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
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3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain. ” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.
T enth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body. ”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.
Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings. ”
The chair usually initiates the motion in one of three ways:
1. Inviting
the members of the body to make a motion, for
example, “A motion at this time would be in order. ”
2. S
uggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings. ”
3. M
aking the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.
The Three Basic Motions
There are three motions that are the most common and recur often at meetings:
The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser. ”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.
Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.
Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.
Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.
If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).
Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.
Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.
Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.
This is done in one of three ways:
1. T
he chair can ask the maker of the motion to repeat it;
2. T
he chair can repeat the motion; or
3. T
he chair can ask the secretary or the clerk of the body to repeat the motion.
Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
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4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.
Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.
Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.
T o Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.
There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):
Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.
Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.
Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight. ” It requires a simple majority vote.
The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee. ” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.
The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year. ”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.
A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend, ” but the chair determines that it is really a “substitute motion, ” then the chair’s designation governs.
A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion. ” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.
Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.
The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.
When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser. ” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser. ” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year. ” The proper procedure would be as follows:
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5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.
Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.
Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.
Counting Votes
The matter of counting votes starts simple, but can become complicated.
Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.
If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.
What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.
Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.
In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold. ” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October. ” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.
Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question. ” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.
However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.
When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote. ” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.
Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes. ” Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.
Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.
All motions require a simple majority, but there are a few exceptions.
The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:
Motion to limit debate. Whether a member says, “I move the previous question, ” or “I move the question, ” or “I call the question, ” or “I move to limit debate, ” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.
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6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain, ” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain. ”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.
Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent. ” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.
The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.
A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.
First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.
If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.
California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.
After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting, ” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting. ” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.
How does this work in practice?
Here are a few examples.
Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting. ” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.
Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.
If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes, ” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.
Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present. ” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes, ” one “no” and one “abstain, ” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
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7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.
Call for orders of the day. This is simply another way of saying, “return to the agenda. ” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed.
Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.
Special Notes About Public Input
The rules outlined above will help make meetings very public- friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:
Rule One: T ell the public what the body will be doing.
Rule Two: Keep the public informed while the body is doing it.
Rule Three: When the body has acted, tell the public what the body did.
Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.
The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.
Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.
Can a member of the body interrupt the speaker? The general rule is “no. ” There are, however, exceptions. A speaker may be interrupted for the following reasons:
Privilege. The proper interruption would be, “point of privilege. ” The chair would then ask the interrupter to “state your point. ” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.
Order. The proper interruption would be, “point of order. ” Again, the chair would ask the interrupter to “state your point. ” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
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Comparing Rosenberg’s Ru les of Order and Robert’s Rules of Order Robert’s Rules of Order is an 714-page manual of parliamentary procedure originally published in the 19th Century by Henry M. Robert III.
Rosenberg’s Rules of Order
is a simplified and stream lined seven-page version of the rules of parliamentary procedure prepared by Superior Court Judge Dave Rosenberg, who served as a councilmember of the City of Davis, including two terms as Mayor.
See table below for comparison
Rosenberg’s Rules of Order Robert’s Rules of Order
Comparison
1. Fundamental
Structure
Set of parliamentary rules. Same
2. Quorum The minimum number of members of
the body who must be present at a
meeting for business to be legally
transacted.
Same
3. Role of the Chair It is the chair of the body who is charged with applying the rules of
conduct of the meeting.
Same
4. Format for Agenda
Item Discussion
Description of how agenda items are
processed.
More detail than is provided in
Robert’s Rules regarding conduct of
meeting.
The chair may limit the time of
public speakers.
A second is not an absolute
requirement. This is a matter left to
the discretion of the chair.
Power to limit the time of public
speakers is subject to the decision of
the body.
Robert’s Rules state that a second is
not required on small boards.
5. Motions in
General
Motions are made in a simple two-
step process. First, the chair should
recognize the member of the body.
Second, the member of the body
makes a motion.
Same
6. Motion to Amend A motion to amend takes the basic
motion that is before the body and
seeks to change it in some way.
Much more detail/process about
how to amend.
7. Substitute Motion Allows members to propose a
completely different motion as a
substitute motion.
Gives the chair discretion to rule on
whether a motion is a “motion to
amend” or a “substitute motion.”
To substitute is a type of
amendment. There are somewhat
complex rules governing how
substitutions are handled.
EXHIBIT G
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Rosenberg’s Rules of Order Robert’s Rules of Order
Comparison
8. Friendly
Amendment
Allows the common practice of a
“friendly amendment” and states that
the maker and seconder have the
right to accept it or not.
“Friendly amendments” are in
essence treated like any other
amendment, and thus more
formally.
9. Multiple Motions
Before the Body
In restricting motions to three total,
Rosenberg rejects the customary
system of “precedence of motions.”
Robert allows up to 13 ranking
motions.
10. Motion to Recess Allows the chair to determine the length of the recess.
The length is included in the motion
made by a member (amendable but
not debatable), so it is within the
control of the body.
11. Motion to Table This motion must be justified by
urgent other business and cannot be
debated.
Motion to table “until a specific
time” corresponds to Robert's
“postpone to a certain time.”
Both are debatable.
12. Motion to Limit
Debate
When a member makes this motion,
the chair can expedite matters by
treating it as a “request” rather than
as a formal motion.
The chair can inquire of the body if
there any further questions and if
there are none, then the chair can go
right to the pending motion that is on
the floor.
If one person wishes to discuss the
pending motion further, then at that
point, the chair treats it as a formal
motion, and proceeds to it.
Motion to limit debate corresponds
to Robert’s “previous question.”
It is undebatable, and cannot be
amended or have any other
subsidiary motion applied to it.
Motion brought to bring the
assembly at once to a vote on the
immediately pending question and
on such other pending questions as
may be specified in the demand.
Both require two-thirds vote of the
body.
13. Motion to Suspend
the Rules
Allows debate. Motion is not debatable.
Some rules cannot be suspended.
14. Counting Votes For a simple majority vote, “one vote more than 50% of the body is
required.”
In addressing what it means to vote
“absent,” Rosenberg leaves the
determination up to the chair.
When a quorum is present, a
majority vote is sufficient for the
adoption of any motion that is in
order.
The responsibility of announcing, or
declaring, the vote rests upon the
chair.
Any member may call for, or
demand, a count of the votes, and, if
seconded, the chair must order a
count of the votes.
15. Motion to
Reconsider
A member who voted “with the
majority” has the right to move to
reconsider at the same meeting.
If the motion to reconsider passes, “a
new original motion is in order.”
Motion can be brought at a later
meeting if rules are suspended.
A member who voted “with the
prevailing side” has the right to
move to reconsider.
If the motion to reconsider passes,
debate is resumed at the point it had
reached just before the vote was
taken.
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Rosenberg’s Rules of Order Robert’s Rules of Order
Comparison
Motion can only be brought on the
day the vote to be reconsidered was
taken, or, in the case of a multi-day
session, on the next day within the
session in which business is
conducted.
16. Courtesy and
Decorum
Need for courtesy and decorum, and
the chair’s right to cut off discussion
that is too personal, too loud, or too
crude.
Same
17. Interruptions:
Privilege
Allows interrupting to raise a
question of privilege by members of
the body.
Interruption for question of privilege
should be done only if unavoidable.
18. Interruptions:
Point of Order
Appropriate points of order relate to
anything that would not be
considered appropriate conduct of the
meeting.
Same
19. Interruptions:
Appeal
If the chair makes a ruling that a
member of the body disagrees with,
that member may appeal the ruling of
the chair to the entire body.
If the motion making the appeal is
seconded, and after debate, if it
passes by a simple majority vote,
then the ruling of the chair is deemed
reversed.
Gives a special process of debate for
those appeals that are debatable.
Some appeals cannot be debated.
20. Interruptions: Call
for the Orders of
the Day
Allows interrupting in order to bring
everyone back to the agenda.
Same
21. Interruptions:
Withdraw a
Motion
Allows a member to interrupt debate
and withdraw a motion at any time.
Once a motion has been made,
seconded and stated by the chair, it
belongs to the body itself, not to the
original maker.
If a member wishes to withdraw the
motion, the member asks permission
of the body.
Does not allow interruption for this
purpose and does not allow a
member to withdraw a motion
unilaterally.
22. Abstention and
Voting
Abstention generally does not count
towards majority vote.
As a result, a 2-2 vote plus one
abstention would mean a motion
fails.
The effect of abstention is the same
as if a member voted on the
prevailing side.
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