Resolution-PC 2000-143'~ ~
RESOLUTION NO. PC2000-143
A RESOLUTION OF THE ANAHEIM CITY PLANNING
COMMISSION ADOPTING PROCEDURES AND RULES OF
ORDER FOR THE CONDUCT OF PLANNING COMMISSION
MEETINGS.
WHEREAS, Section 904 of the Anaheim City Charter authorizes the Anaheim City
Planning Commission to prescribe its rules and regulations, consistent with the Charter and subject to
the approval of the City Council; and
WHEREAS, the Commission wishes to prescribe procedures and rules of order for
the conduct of its meetings.
NOW, THERE~ORE, BE IT RESOLVED that the Planning Commission hereby
prescribes the procedures and rules of order attached to this Resolution as Exhibit A, which is
incorporated herein, subject to, and effective upon, approval by the City Council.
BE IT FURTHER RESOLVED that any previous Planning Commission actions
relating to procedures and rules of order be, and the same are hereby, rescinded.
THE FOREGOING RESOLUTION a te t e Planning Commission meeting
of December 18, 2000.
~
CHAIRPEF2S N~ AHEIM CITY PLANNING COMMISSION
ATTEST: •
~ ~Q.c,~.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City
Planning Commission held on December 18, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES,
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: VANDERB'ILT
ABSTAIN: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
~~,.~ , 2001.
~ S~~Q,~.a..i ~c~.~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
ADOPTED BY PLANNING COMMISSION: 1~ , 2000
,~pa ~
APPROVED BY CITY COUNCIL: ~~ti 4 ,~80Q
CR4978PK.doc -1- ~'C2000-143
DECEMBER 18, 2000
CITY OF ANAHEIM PLANNING COMMISSION MINUTES
~
B, a) CEQA EXEMPTION SECTION 15061 (b)(3)
b) ADOPTION OF A RESOLUTION PRESCRIBING PROCEDURES
AND RULES OF ORDER FOR THE CON~UCT OF PLANNING
COMMISSION MEETWGS: City-initiated (Planning Department),
200 South Maheim Boulevard, Anaheim, CA 92805, requests lhat
Planning Commission a) adopt a resolution prescribing procedures
and rules of order for the conduct of Cpmmission meetings; and b)
fonvard the procedures and rules of order to the City Council and
request that the Council, by motfon, approve said procedures and
rules.of order as prescribed by the Planning Commission.
Approved
Recommended
adoption of resolution
approving procedures
and rules of prder to
Ciry Council
(Vote: 6-0,
Commissioner
Vanderbilt absent)
ACTION: Commissioner Brlstol offered a motion, seconded by
Commissioner Napoles and MOTION CARRIED (Commissioner
Vanderbiit absent), that the Anaheim City Planning Commission does
hereby concur with staff that the proposed project falis within the
definition of CEQA Exemption Section 15061 (b)(3), as deFned in the
California Environmental Qualily Act (CEQA) Guidelines and is,
therefore, categorically exempt from the requirements to prepare
additional environmental documentation.
~
C
Commissipner Bristol offered a motion, second by Commission Arnold
and MOTION CARRIED (Commissioner Vanderbilt absent), that the
Anaheim Ciry Planning Commission does hereby adopt a resolution
(altached to the December 18, 2000, Planning Commission staff
report) prescribing procedures and rules of order for the conduct oF
Commission meetings; and that the Council, by motion, approve sald
procedures and rules of order as recommended by the Planning
Commission.
PROCEDURES RESOLUTION NO. PC2000-143
SR7873GM.DOC
Greg McCafferty, Senior Planner, introduced this item by explaining that on November 20,
2000, the Commission held a workshop to consider establishing procedures and rules of
order for the conduct of its meetings. The Commission received input from siaff for
Incorporation into a procedures resolution. Staff then incorporated Commission's
requested changes as well as a provision regarding Council Policy No. 124 which govems
requests for work by the Commission intended to ensure the efficient, orderly and
economical operation of the Ciry. Staff requests Commisslon adopt a resolution
prescribing procedures and rules of order for the conduct of the Commission meetings and
that Commission recommend to City Council, by motion, approval of procedures and ru~es
of order as recommended by Commission.
12-16-00
Page 4
O[Lce of
CITY ATTOHNEY
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~~''"` .~a-~~,.~„ ~ ~f ~ G . r ~ -
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CI'i'X OF ANAHEIM, CALIFORNIA -{,~,~
200 South Anaheim Boulevazd, Suite 356
Anaheim, California 92805
.,.. Telephone:
714/765•5169
FAX:
~ ~714/765-5123
www.enaheim.net
January 23, 2001
T0: CITY MANAGER/CZTY COUNCIL
FROM: CITY ATTORNEY'S OFFICE
AE: CITY COUNCIL REVI£W OF PLANNING COMMISSION RESOLUTION
ESTA&LISHZNG PROCEDURES AND RULES OF ORDER
That the City Council, by motion, approve the attached
Resolution of the Anaheim City Planning Commission adopting procedures
end rules of order for the conduct of Planning Commission meetings.
BACECGROUND IN~'ORi~1ATSON AND ANAI,YSZS:
Section 4D9 of the Anahein City Charter authorizes the
Anaheim City Planning Commission to prescribe its rules and regulations,
consistent with the Charter and subject to the approval of the City
Council. On December 18, 2000, the Planning Commission adopted
Resolution No. PC2000-153 (the "Resolution") setting forth its
procedures and rules o~ order, and requested that the Resolution be
submitted to the City Council for approval. A copy of the Resolution i~
attached roi your review.
The Resolution is modeled on the City Council procedures
resolution, modified to reflect ihe Planning Commission's functions and
the provisions in the Anaheim Municipal Code relating to tie votes by
the Commission. In addition, the Resolution establishes a consent
calendar procedure for Report and Recommendation (non-public hearing)
items similar to the City Council's consent calendar.
Please ca11 me if you have any questions.
Very truly yours,
JACK L. WHITE, CZTY ATTORNEY
BY 1(2~ 0~`9'r-.~
~ SELMA J. MANN
Assistant City Attorney
c: Joel Fick
~ ~ ~ 3666).1
. 'e
PLANNING COMMISSION PROCEDURES AND RULES OF ORDER
I. .
MEETINGS
A. Regular and SAecial Meetinas. The regular and special
meetings of the City of Anaheim Planning Commission (hereinafter
"Commission") shall be held in the place and at the times as
established from time to time by duly adopted motion of the
Commission. Procedures for the calling of such meetings and the
adjournment thereof shall be as specified in Chapter 9 af
Division 2 of Title 5(commencing with Section 59950 of the
Government Code of the State of California, or any successor
provision thereto.
B. Emeraencv Meetinqs. Emergency meetings may be held by
the Commission in the time, place and manner and for the purposes
speczfied in Section 54956.5 of the Government Code of the State
of California, or any successor provision thereto.
C. Notices and Meetina Aaendas. The City Clerk or her
designee shall post any public not9ces, agendas, and other
matters required to be publicly posted pursuant to any applicable
provision of law including but not limited to agendas for regular
meetings and other matters required to be posted pursuant to
Sections 55959.2(a), 54954.5, 54956, and 54956.5 of the
Government Code of the State of California, or any successor
provisions thereto.
~. Cancellation. Any meeting of the Commission may be
canceled in advance by a majority vote of the Commission.
E. uorum. Four or more members o~ the Commission shall
constitute a quorum for the purpose of conducting business.
F. Chairperson. A chairperson shall be elected annually
by the Commission and shall preside over all Commission meetings.
A vice-chairperson shall be elected annually by the Commission
and shall serve as presiding officer in the absence of the
chairperson. In the absence of the chairperson and vice-
chairperson, the remaining Commission members in attendance shall
elect a temporary chairperson to preside at such meeting.
__ _ __ EXHIBIT A _ _ ___. - --- _---
~~~~~
G. Ll ~
meetings of the Commission sha11 be open and public. All persons ~
desiring to attend shall be permitted to attend any meeting,:_. ,~
Every agenda for regular meetings of the Commission shall provide
an opportunity for members of the public to directly address the
Commission on items of interest to the public that are within the
subject matter jurisdiction of the Commission. Every:agenda for
a special meeting of the Commission shall provide an opportunity
for members of the public to directly address the Commission on
items which are the subject of the special meeting_ Members of
the public shall not be allowed to speak during deliberations by
the Commission. Unless otherwise waived by the chairperson of
the Commission, the total amount of time allocated for public
testimony for a particular issue not set for public hearing shall
not exceed ten (10) minutes and the amount of time for each
individual speaker shall not exceed three (3) mi.nutes provided,
however, that said time limitations shall not apply to testimony
given during any hearing required by law.
H. Disruption of Meetinqs. The Commission may order the
removal from the meeting room of any individual or individuals
who willfully disrupt or attempt to disrupt any meeting. In the
event any meeting is willfully interrupted by a group or groups
of persons so as to render the orderly conduct of the meeting
unfeasible and order cannot be restored by removal of the
offending individual or individuals, the Commission may order the
meeting room cleared and continue in session. Only matters
appearing on the agenda may be considered during such session.
Representatives of the press, unless participants in the
disturbance, shall be allowed to attend such session, and nothing
shall prohibit the Commission ~rom readmitting individuals not
responsible for the disturbance.
IZ.
ORDER OF BUSINESS
The business of the Planning Commission, at its regular
meetings, shall be conducted in accordance with the following
order unless (i) otherwise directed by the Chairperson without
express objection by any member of the Planning Commission, or
(ii) approved pursuant to Paragraph III G(a) 9 hereof:
A. CALL TO ORDER
B. PLANNING COMMISSION MORNING WORKSHOP
C. RECESS TO AFTERNOON SESSION
_ _ ._
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D. RECONVENE PLANNING COMMISSION MEETING
E. FLAG SALUTE , _
F. CLOSED SESSION (IF ANY)
G. REPORT ON CLOSED SESSION ACTZONS (IF ANY) °
H. ITEMS INITIATED BY THE POBLIC/ORAL COMMUNICATIONS
I. CONSENT CALENDAR
J. PLANNING COMMISSION PUBLIC HEARING ITEMS
K. OTHER BOSINESS
U. PLANNING COMMISSION COMMENTS
M. ADJOURNMENT
III.
RULES OF ORDER
Except as may be otherwise required or provided by law,
including, without limitation, the provisions of Chapter 18.03 of
the Anaheim Municipal Code, business shall be brought before the
Commission in accordance with tne following rules of order.
A. Obtainina the Floor. Any member of the Commission
wishing to speak must first obtain the floor by being recognized
by the chaiz. The chair must recognize any Commission member who
seeks the floor when appropriately entitled to do so.
B. Motions. Any member of the Commission, including the
chairperson, may bring a matter of business before the Commission
by making a motion or offering a resolution for adoption. Before
a motion can be considered or debated, it must be seconded.
Resolutions do not require a second. Once the motion has been
properly made and seconded, the chair shall open the matter for
debate offering the first opportunity to debate to the moving
party and, thereafter, to any Commission member progerly
recognized by the chair. Once the matter has been fully debated
and the chair calls for a vote, no further debate will be
allowed, provided, however, Commissa.on members shall be allowed
to explain their vote.
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C. Nominations and Elections. Selection oi the
chairperson and vice-chairperson shall be by election of the
Commission. Any Commission member may make a nomination.
Nominations do not require a second. Nominations shall be closed
by a motion adopted by majority vote. Nominations are voted on
in order made. Unless a motion is adopted to elect by plurality,
the person receiving the highest number of affirmative,votes
constituting at least a majority of those voting (excluding
abstentions) is elected.
D. Votina. If voting is by voice vote, the Secretary of
the Planning Commission or her designee shall declare the result
and note for the record all "aye" votes and all "no" votes. The
Commission may also vote by roll call vote or visual display.
Regardless of the manner of voting, the results reflecting all
"ayes" and "noes" must be clearly set forth for the record.
The Consent Calendar shall include matters before the
Commission, other than general discussion items, which do not
require a public hearing. Items on the Consent Calendar will be
acted on by one roll call vote unless members of the Commission,
staff or the public request the item to be discussed and/or
removed from the Consent Calendar for separate action.
A tie vote results in the failure of the motion or
resolution. If the P~anning Comr.iission is unable to act upon any
matter at any meeting due to a tie vote among its members, the
Planning Commission may, by motion duly adopted, refer such
matter to the City Council without further action or
recommendation. In the absence of the adoption of such a motion
by the Planning Commission, the matter shall ~e deemed
automatically continued to the next reqular meeting of the
Planning Commission for further consideration.
Where a Commission decision is requized by law, a tie vote
is neither an approval nor denial and the matter is still before
the Commission for action. Only those members present at the
meeting are permitted to vote. A Commission member who is
attending the meeting in conformance with the teleconferencxng
provisions of the Brown Act shall be considered present at a
meeting. Votes cast at previous meetings are not counted. Proxy
voting is not permitted.
Unless otherwise required by law, and except as set forth in
these procedures, affirmative votes by a majority of the
Commission members present and voting (excluding legally required
abstentions) shall be required to adopt a motion or resolution,
provided that a minimum of three affirmative votes shall be
4
required. In the event a motion or resolution receives more
affirmative than negative votes but fails to receive the minimum
number of affirmative votes legally required for adoption, the ,
following guidelines shall apply with regard thereto:
1. If such failure of action is the result of the
absence of one or more members who would otherwise have been
legally qualified to vote on such matter and which vote(s)
could have resulted in the adoption of the motion or
resolution, the matter may be continued to a future meeting
for further consideration.
2. If such failure of action is the result of an
abstention by one or more members (whether legally required
or otherwise), such matter shall be deemed denied by
operation of law without further action; provided, however,
that if such abstention(s) was (were) required pursuant to
the Political Reform Act of the State of California
(Government Code Section 81000 et seq.) or other applicable
law, one or more of the abstaining members shall be legally
entitled to vote on such matter to the extent permitted by
applicable law.
3. Any action by operation of law pursuant to
subparagraph 2 above shall be deemed a final decision of the
Commission for all purposes (subject to any appeal
procedures otherwise available) except that any action
pursuant to either subparagraph 1 or 2 above shall be
subject to rescission or reconsideration in the time and
manner set forth in these rules.
Notwithstanding the foregoing, if the Planning Commission
fails ta take action upon any matter within fozty (40) days
followino completion of the public hearing upon such matter,; or,
if no public hearing is requirad, within forty (40) days
following the date of first consideration of such matter by the
Commission, the matter shall, upon the expiration of,the fortieth
day, be deemed automatically referred to the City Council wi~hout
action or recommendation for such further proceedings as may be
required by law.
E. Abstentions. All Commission members present at a
meeting when a questions comes up for a vote should vote for or
against the measure unless he/she has a reason to abstain from
voting. A Commission member shall abstain from participation and
voting if he/she has a legal conflict of interest.
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F. Matter Not on the Aaenda. No
any matter not appearing on the posted
authorized by law.
action shall be taken on
agenda except as otherwise
G. Procedural Rules of Order. Once the main question zs
properly placed on the floor, several subsidiary or privileged
motions may be employed in addressing the main question. The
term "main question" as used herein shall include any main motion
properly made and seconded or any resolution which has been
offered for adoption and is properly on the floor. A motion is
out of order while a higher ranking motion is on the floor.
Motions are listed below in order of precedence.
1. Motions of PrivileQe, Order and Convenience. The
following actions are to insure orderly conduct of ineetings
and are for the convenience of the Commission members.
These motions take precedence over any pending main question
or subsidiary motion and are listed in descending order of
precedence.
a. Adiourn. Any Commission member may move to
adjourn at any time, even if there is business pending.
The motion must be seconded and a majority vote is
required for passage. The motion is not debatable.
b. Recess. Any Commission member may move for a
recess at any time. The motion must be seconded and a
majority vote is required for passage. The motion is
not debatable.
c. Ouestion of Privileae. Any Commission
member, at any time during the meeting, may make a
request of the chair to accommodate the needs of the
Commission or his/her persona:l needs for such things as
reducing noise, adjusting air conditioning,
ventilation, lighting, etc. Disposition of the request
is ruled on by the chair.
d. Call for Orders of the Dav. Any Commission
member may demand that the agenda be followed in the
order stated therein. No second is required and the
chair must comply unless the Commission, by 2/3 vote,
sets aside the ozders of the day.
e. Apoeal. Should any Commission member be
dissatisfied with a ruling from the chair, he/she may
move to appeal the ruling to the full Commission. The
motion must be seconded to put it before the
6
Commission. A majority vote in the negative oz a tie
vote sustains the ruling of the chair. The motion is
debatable and the chair may participate in the debate.
f. Division of Ouestion. Any Commission member
may move to divide the subject matter of a motion which
is made up of several parts in order to vote separately
on each part. The motion requires a second and a
majority vote for passage. This motion may also be
applied to complex ordinances for or resolutions. The
motion is not debatable.
g. Point of Order. Any Commission member may
require the chair to enforce the rules of the
Commission by raising a point of order. The point of
order shall be ruled upon by the chair. The motion is
not debatable.
h. Susoend the Rules. Any Commission member may
move to suspend the rules if necessary to accomplish a
matter that would otherwise violate the rules. The
motion requires a second and a 2/3 vote is required for
passage. The motion is not debatable.
i. Rescind, Repeal or Annul. The Commission may
rescind, repeal or annul any prior action taken with
reference to any legislative or administrative matter
so long as the action to rescind, repeal or annul
complies with all the rules applicable to the initial
adoption, including any special voting or notice
requirements or unless otherwise specified by law. The
motion is deba.table.
j. Reconsider. The Commission may reconsider
any vote taken at the same meeting, but no later than
the same or next calendzr day, to corzect inadvertent
or precipitant errors, or consider new information not
available at the time of the vote. The motion to
reconsider must be made by a Commission member who
voted on the prevailing side, must be seconded and
requires a majority vote for passage, regardless of the
vote required to adopt the motion being reconsidered.
If the motion to reconsider is successful, the matter
to be reconsidered takes no special precedence over
othez pending matters and any special voting
requirements related thereto still apply. Except
pursuant to a motion to reconsider, once a matter has
been determined and voted upon, the same matter cannot
7
be brought up again at the same meeting. The motion is
debatable.
2. Subsidiarv Motions. Subsidzary motions take
precedence over the main questions, and zf propezly,made and
seconded, must be disposed of before the main question can
be acted upon. Even where the main question under
consideration requires a super majority vote (e.g. 2/3 or
4/5) for adoption, a subsidiary motion, unless otherwise
indicated herein, requires only a majority vote for
adoption. The following motions are appropriate and may be
made by the Chairperson or any other Commission member at
any appropriate time during the discussion of the main
question (except while a motion of privilege, order or
convenience is properly under consideration). Subsidiary
motions are listed below in descending order of precedence.
a. Lav on the Table. Any Commission member may
move to lay the questzon under discussion on the table.
This motion temporarily suspends any further discussion
of the pending questions without setting a time certain
to resume debate. It must be moved and seconded and
passed by a majority vote. In order to bring the
question back before the Commission, a member must move
that the question be taken from the table, whieh motion
must be seconded and passed by a majority vote. A
motion to take from the table must be made at the same
meeting at which the question was placed on the table
or at the next regular meeting of the Commission;
otherwise the question that was tabled dies, although
it can be raised later as a new question. This motion
cannot be made or adopted when the main question is a
deczsion required by law within a time certain. This
motion is not debatable. -
b. Move Previous Ouestion. Any Commission
member may move to immediately bring the question being
debated by the Commission to a vote, suspending any
further debate. The motion must be made and seconded
without interrupting one who already has the floor. A
2/3 vote is required for passage. This motion is not
debatable.
c. Limit or Extend Limits of Debate. Subject to
considerations of due process of law in quasi-judicial
hearings, any Commission member may move to put limits
on the length of debate. The motion must be made and
6
seconded and requires a 2/3 vote of the Commission to
pass. This motion is not debatable.
d. Postoone to a Time Certain. Any Commission
member may move to postpone or continue the pending
question to a time certain. This motion continues the
pending main question to a future date as determined by
the Commission at the time the motion is passed. The
motion must be seconded and requires a majority vote
for passage. This motion is debatable.
e. Amend. Any Commission member may amend the
main question or any amendment made to the main
question. Before the main question may be acted upon,
all amendments and amendments to amendments must first
be acted upon. Not more than two amendments are
permitted to the main question. Amendments to
amendments to amendments are not permitted, A motion
to amend must be seconded and requires a majority vote
for passage. An amendment must be related to the main
question or amendment to which it is directed. Any
substitute motion, or any amendment which substitutes a
new question rather than amending the existing
questzon, is out of order and may be so declared by the
chair. This motion is debatable.
f. Postoone Indefinitelv. Unless a decision on
the main question is required by law within a time
certain, any Commission member may move to postpone
indefinitely the question on the floor, thus avoidinq a
direct vote on the pending q~~2stion and suspending any
further action on the question. The question must be
seconded and requires a majority vote for passage. Any
question so postponed-may be returned to a future
agenda by the City staff or any Commission member in
the manner permitted or required by law. This motion
is debatable.
H. Commission Reauests for Staff Work. Planning
Commission requests for work to be performed by staff shall be by
motion and shall comply with the procedures of Council Policy No_
124, entitled Board And Commission - Staff Work, dated September
13, 1988, or any successor policy thereto.
I. Authoritv of the Chair. Subject to appeal, the chair
shall have the authority.to prevent the misuse of the legitimate
form of motions, or the abuse of privilege or renewing certain
notions to obstruct the business of the Commission by ruling such
9
motions out of order. In so ruling, the chair sha11 be courteous
and fair and should presume that the moving party is making the
motion in good faith.
IV.
PUBLIG HEARINGS
Matters which are required to be heard at a noticed
public hearing shall be conducted in the following manner unless
otherwise required by law.
A. Time for Consideration. Matters noticed to be heard by
the Commission shall cocnmence at the time specified in the notice
of hearing, or as soon thereafter as is reasonably possible, and
shall continue until the same has been completed or until other
disoosition of the matter has been made.
B. Continuance of Hearinqs. Any hearing being held or
noticed or ordered to be held by the Commission at any meeting of
the Commission may, by order or notice of continuance, be
continued or recontinued to any subsequent meeting in the manner
provided herein for adjourned meetings; provided, that if the
hearing is continued to a time less than 24 hours after the time
specified in the order or notice of hearing, a copy of the order
or notice of continuance of hearing shall be posted immediately
following the meeting at which the order or notice of continuance
was adopted or made.
C. Public Discussion at Hearings. All testimony received
during any public hearing shall be upon oath or affirmation
administered by the City Clerk. When a matter comes before the
Commission for public hearing, the Chair shall first offer time
for any staff presentation or reports and then open the public
hearing. Upon opening the public hearing and before any motion
is adopted related to the merits of the issue to be heard, the
Chair shall inquire if there are any persons present who desire
to speak on the matter which is to be heard or to present
evidence respecting the matter. Any person desiring to speak or
present evid=_nce shall make his/her presence known to the Chair.
Evidence and testimony shall be received in the following order:
(1) project applicant or issue initiator, or his or her
representative, (2) proponents, (3) opponents, (4) rebuttal by
applicant or initiator. Upon being recognized by the Chair, a
person may speak or present evidence relevant to the matter being
heard. No person may speak without first being recognized by the
Chair. Members of the Commission who wish to ask questions of
the speakers, or of each other, during the publzc heazing portion
10
may do so but only after first being recognized by the Chair.
The Chair shall conduct the meeting in such a manner zs to afford
due process. . _.
All persons interested in the matter being heard by the
Commission shall be entitled to submit written evidence or
remarks, as well as other graphic evidence. Al1 such evidence
presented shall be retained by the Secretary of the Planning
Commission or her designee as part of the record. Time limits may
be established by the Commission, limiting the duration of
presentations as set forth in these rules. No person shall be
permitted to speak about matters or present evidence not germane
to the matter being considered. A determination of relevance
shall be made by the Chair, but may be appealed as set forth in
these rules.
Individuals testifying at the public hearing do not
have a right to unlimated time. The Commission, either at the
beginning of the hearing, or pursuant to a motion to limit
debate, may place time limits on speakers. If the public hearing
involves a quasi-judicial matter, any time limits shall be of
sufficient duration to afford all parties a reasonable
opportunity to present evidence and testimony germane to the
proceeding and otherwise afford due process of law.
D. Consideration of Ouestion by Commission. After all
members of the public desiring to speak upon the subject of the
hearing have been given an opportunity to do so, the public
hearing shall be closed by the Chair and the Commission may
consider what disposition they wish to make of the question or
questions presented at the hearing. No member of the public
shall be allowed, without consent of the Chair, to speak further
on the question during this period of deliberation, although the
Commission members may ask questions of-the speakers or of the
staff if so desired.
E. Rules of Order. Conduct of any public hearing shall be
subject to the Rules of Order set forth in this Exhibit A except
to the extent such rules conflict with any provision of this
Paragraph IV or with any other express requirement of 1aw with
regard to the conduct of such hearing.
F. Documentarv Evidence. If relevant and material
matter offered in evidence is included in a document containing
other matter, the party offering it sha11 designate the portion
so of~ered. At the discretion of the chairperson, the relevant
and material matter may be read into the zecord or copies thereof
received as an exhibit. Other parties shall be given an
11
opportunity ta examine such a document and to offer in evidence
other portions thereof which they believe to the be material and
relevant. -- -
V.
GENERAL
A. Conflict Between These Rules and Anv Laws. In the
event of any conflict between the rules, procedures and other
provisions specified herein and any law or other requirement
applicable to the conduct of any particular business or
proceeding before ~the Commission, the provisions of any such law
or other requirement sha11 supersede and take precedence over the
conflicting provisions hereof.
B. Failure to Comolv with Rules. The rules, procedures
and other provisions specified herein shall be deemed directory
and not mandatory. Failure of the Commission to comply with any
rule, procedure or other provisions specified herein shall not
affect the validity of any action taken by the Commission nor be
a basis for contesting the validity of any such action.
C. Parliamentarian. The City Attorney of the City of
Anaheim or his designated representative shall be the
parliamentarian of the Commission and shall rule on all questions
of procedure and application of these rules of order when
requested to do so by the chair or the Commission.
37542.1\smann\Decemhez 12, 2000
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12