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HomeMy WebLinkAboutHPC 1988 Proposed by-lawscrn ® 13-77 FRUITfALE AVENUE, MEMORANDUM TO FROM SUBJECT SARArOGA cAJ IFORNIA 93070 (I08J 8d7 34.38 Heritage Preservation Commission Valerie Young, Secretary to Commission DATE June 22, 1988 REVIEW AND ADOPTION OF HERITAGE COMMISSION BYLAWS One of the Heritage Commission's administrative work items for this year is the preparation and adoption of bylaws. Staff has prepared the attached draft bylaws which have been reviewed and approved by the City Attorney. These bylaws closely reflect the organization and content of the Planning Commission bylaws which were adopted last year. The Commission should be prepared to discuss the bylaws, recommend any changes or corrections, and adopt the bylaws by a motion and vote. • PROPOSED RULES AND PROCEDURES FOR MEETINGS OF THE SARATOGA HERITAGE PRESERVATION COMMISSION These rules and procedures are adopted pursuant to the authority of Ordinance No. 66. 1. MEETINGS The term "meeting" shall mean the gathering together of a majority of the members of the Saratoga Heritage Preservation Com- mission, each member within normal hearing distance of the other, at the time and place established by Resolution for regular meetings, or at such other time and place as authorized by law for special meetings, for the purpose of acting in their official capacity as members of the Saratoga Heritage Preservation Commission. Unless otherwise authorized by law to be held in private, all such meetings shall be open to the public. No other gathering of the persons who constitute the Saratoga Heritage Preservation Commission, or any portion thereof, shall be considered a meeting. Any action or decision required by law to be taken or made at a meeting shall be invalid and of no force and effect if the same is not taken or made at a meeting as herein defined. The foregoing shall not prevent less than a quorum, otherwise gathered at the time and place and for the purpose of conducting a meeting, from adjourning from time to time in accord with law until a quorum is present. Failure to observe the rules hereinafter set forth shall not invalidate any action taken which is otherwise lawful, and defective only for failure to follow the procedure outlined in these rules and procedures. 2. GENERAL ORDER AND CONDUCT OF BUSINESS Roll Call. Before proceeding with the business of the Commission, the Chairman or other presiding officer shall call the roll of the members, and the names of those physically present shall be entered in the minutes Quorum. A majority of all the members appointed to the Commission shall constitute a quorum at any regular or special meeting of the Commission. The presence or absence of a quorum shall be determined by the presiding officer. Reading of Minutes. At least two (2) days prior to each regular meeting, the Secretary shall furnish each member of the Commission a copy of the minutes of the last preceding regular or special meeting. Unless a reading of the minutes of the Commission meeting is requested in open meeting by a member of the Commission, such minutes may be approved without reading if the Secretary has previously furnished each member with a copy thereof. Notwithstanding the above, reading of the minutes may always be waived by a duly carried motion to waive the reading thereof. 1 Voting. A vote by roll call shall not be required unless a Commission member specifically requests a roll call after a motion is made and before the presiding officer calls for the vote. Unless a member of the Commission audibly states he is not voting, his silence shall be, and shall be recorded as, an affirmative vote 3. PRESIDING OFFICER, POWERS AND DUTIES The Chairman of the Commission shall be the Presiding Officer, or in his absence, the Vice -Chairman. In the absence of both Chairman and Vice -Chairman, a temporary presiding officer shall be elected by the members of the Commission present. Upon the arrival of the Chairman or Vice -Chairman, the temporary presiding officer shall immediately relinquish the chair upon the conclusion of the particular business immediately before the Commission at that time. The presiding officer shall have a vote, but no veto power, and may move, second and debate from the chair. He shall preserve strict order and decorum at all regular and special meetings of the Commission. He shall state, or call upon the Secretary to state, every question before the Commission, call for the vote, and announce the decision of the Commission on all subjects. He shall decide all questions of order, subject however to an appeal to the Commission by any Commission member, in which event a majority vote of the Commission shall govern and conclusively determine such question of order. He shall have and exercise such other powers and duties as are contained elsewhere in these rules, and as are authorized by law. The presiding officer shall have power and authority in his discretion and without a vote of the Commission, to: (a) Refer any matter, whether or not on the agenda to a committee for study and report. Such power may not be exercised while a motion is on the floor covering such matter, until the motion iz disposed of. Once a matter has been referred to committee and a report rendered thereon, it may not thereafter be referred to committee a second time under this power but only by Commission action. (b) Set time limits on Commission discussion on any matter. (c) Set time limits on any communications from members of the public to the Commission. (d) Declare the opening and closing of public hearings. (e) Rule any motion on a subject not on the agenda as being out of order, in which case the motion shall thereafter be void and the secretary shall set the subject matter thereof down on the agenda of the next regular or special Commission meeting. 4. SECRETARY, DUTIES The Secretary to the Commission need not be a Commission member, but may be a member of the staff of the City of Saratoga. Should the Secretary be a member of the City staff, he shall perform the duties of the Secretary as provided in these rules and procedures. The Secretary shall be the recording officer of the Commission and the custodian of its records, except those that are specifically 2 assigned to others. Commission records shall be available to Commission members at all reasonable times. 5 REPORTS, RESOLUTIONS 6 RECOMMENDATIONS TO THE PLANNING COMMISSION OR CITY COUNCIL (a) Reports, resolutions and recommendations to the Planning Commission or City Council may be presented in written or oral form. Where written, the resolution or recommend- ation need only be read by title and number prior to action thereon, and only the motion adopting it need appear in the minutes. Where oral, the same shall be stated in full by the moving party, and if adopted shall be transcribed in full in the minutes. (b) No motion shall die for lack of a second, and the Presiding Officer shall call all motions to a vote whether seconded or not. (c) The secretary shall report to the Commission all actions taken by the Planning Commission or City Council on recommendations sent to the Planning Commission or City Council by the Commission. (d) All motions for enactment of any resolution, recommendation or other Commission action which do not receive the required vote for passage shall nevertheless be entered in the minutes. 6. RULES OF DEBATE (a) Presiding Officer May Debate. The Chairman or such other member of the Commission as may be acting as Presiding Officer may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed upon all members. He shall not be deprived of any of the rights and privileges of a Commission member by reason of his being Chairman or acting as Presiding Officer. (b) Getting the Floor. Every Commission member desiring to speak shall address the chair, and upon recognition by the Presiding Officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. (c) Interruptions. A member, once recognized, shall not be interrupted when speakina unless it be to call hint to order, or as herein otherwise provided. If a member, while speakina, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed. (d) Privilege of Closing Debate. The Commission member moving the adoption of a resolution, or commission action, shall have the privilege of closing the debate. (e) Motion to Reconsider. A motion to reconsider any action taken by the Commission may be made only on the day such action was taken It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made by one who votes with the prevailing side, may be made at any time, shall have precedence over all other motions and shall be debatable. Nothing herein shall be construed to prevent any member of the Commission from making or remaking the same or any other motion at a subsequent meeting of the Commission. (f) Remarks of Commission Members and Synopsis of Debate. A Commission member may request, through the Presiding Officer, the privilege of having an abstract of his state- ment on any subject under consideration by the Commission entered in the minutes. If the Commission consents thereto, such statement shall be entered in the minutes. The Secretary may be directed by the Presiding Officer, with the consent of the Commission, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Commission. (g) Rules of Order. Except as otherwise provided in this ordinance, proceedings of the Commission shall be governed under "Roberts, Rules of Order" on all matters pertaining to parliamentary law. (h) Failure to Observe Rules of Order on Debate. No action of the Commission shall be invalidated nor the legality there- of affected by the failure or omission to observe or follow the within rules of debate or Roberts Rules of Order. 7. ADDRESSING THE COMMISSION (a) General. Any person desiring to address the Commission shall first secure the permission of the Presiding Officer so to do: provided, however, that under the following headings of business, unless the Presiding Officer rules otherwise, any qualified and interested person shall have the right to address the Commission upon obtaining recog- nition by the Presiding Officer: 1. Written Communications. Interested parties or their authorized representatives may address the Commission by written communication. If copies of said communi- cations are furnished each Commission member present, such written communications need not be read aloud at the meeting unless so ordered by a majority vote of the Commission. 2. Oral Communications. Taxpayers or residents of the City of Saratoga or their authorized legal representa- tive may address the Commission by oral communications on any matter concerning the business of the Commission of any matter over which the Commission has control; provided, however, that preference shall be given to those persons who may have notified the Presiding Officer in advance of their desires to speak. 4 i 3. Informal Public Hearings. Interested persons or their authorized representatives may address the Commission by reading a protest, petition, or communication relating to matters the subject of the public hearing under this category, and the order of presentation and the time thereof shall be under the direction and control of the Presiding Officer. (b) Manner of Addressing Commission. Each person addressing the Commission shall give his name and address in an audible tone of voice for the record. All remarks shall be addressed to the Commission as a body and not to any member thereof. No person, other than the Commission and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Commission without the permission of the Presiding Officer. No person shall address or question a Commission Member or other official at the Commission table without the prior consent of the Presiding Officer. (c) Particular Rules. 1. Written communications on a particular matter for Commission discussion shall be read by the Commission at the time of such discussion rather than under the agenda item of "Written Communications". 2. Written communications from the Administrative Staff shall not be read aloud unless requested by the writer of any Commission member. 3. Anonymous communications shall not be read. 4. The Presiding Officer shall not permit any communication, written or oral, to be made or read where it does not bear directly on an agenda item then under discussion. 5. After a motion is made by a Commission member no person shall address the Commission without first securing the permission of the Commission to do so. 8. INFORMAL PUBLIC HEARINGS The Committee may establish informal public hearings whenever it deems them necessary or advisable. Such hearings shall be conducted as provided in these rules. 9. DECORUM AND ENFORCEMENT (a) By Commission Members. While the Commission is in session, members must preserve order and decorum, and a member shall neither by conversation or otherwise, delay or interrupt proceedings or the peace of the Commission nor disturb any member while speaking or refuse to obey the orders of the Commission or its Presiding Officer, except as otherwise herein provided (b) By Other Persons. Any person making personal impertinent or slanderous remarks or who shall be boisterous while addressing the Commission shall be forthwith, by the Presiding Officer, barred from further audience before the Commission, unless permission to continue be granted by a majority vote of the Commission. 5 10 ADJOURNMENT Any meeting may either be terminated, or continued to another time, place and/or date by adjournment, regardless of whether or not all matters on the agenda, or under discussion have been covered, acted on or concluded. A motion to adjourn shall always be in order and decided without debate. Where a meeting is continued to a future date, if either the time or place, or either of them, is not stated in the order of adjournment, it shall be deemed to be at the hour and place specified for regular meetings of the Commission.