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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.
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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
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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.
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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.
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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.