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HomeMy WebLinkAbout1992-05-04; Traffic Safety Commission; ; Revise the Traffic Safety Commission Procedure Rules by the Addition of a New Subsection to Section 41CI1Y OF CARLSBAD TRAFFIC SAFE1Y COMMISSION STAFF REPORT COMMISSION MEETING OF: May 4, 1992 ITEM NO. 6D LOCATION: N.A. INITIATED BY: Traffic Safety Commissioner John Fuller REQUESTED ACTION: Revise the Traffic Safety Commission Procedure Rules by the Addition of a New Subsection to Section 41 DATA: Commissioner Fuller has submitted a letter dated April 10, 1992 in which he has requested an addition to Section 41 of the -TSC Procedure Rules. Mr. Fuller is concerned when less than five members of the Traffic Safety Commission are present and a 2-2 vote occurs. A 2-2 vote currently constitutes action by the Commission and the motion fails. It is the practice of the City of Carlsbad City Council to continue an item when a 2-2 vote results. In that instance, the matter is placed on the City Council agenda when all five City Council members are present. Over the years, there have been many meetings when only three or four Traffic Safety Commissioners were present at the meeting. A minimum of three Commissioners constitutes a quorum and • the business of the Traffic Safety Commission can be conducted. Fortunately, there have been very few 2-2 votes by the Traffic Safety Commission. At least once a year, the Traffic Safety Commission reviews the TSC Procedure Rules and initiates changes, by Resolution, as appropriate. Changes to the procedures were made at the February 3, 1992 Traffic Safety Commission when the Commission adopted TSC Resolution 92-1 by a 5-0 vote. Changes can be made at other times of the year and incorporated by adopting a new resolution. TRAFFIC SAFE1Y COMMISSION Staff Report COMMISSION MEETING OF: May 4, 1992 Item NO. 6D (Continued) RECOMMENDATION: If it is the decision of the Traffic Safety Commission to incorporate the suggestion of Commissioner Fuller, staff recommends that Section 41 of the TSC Procedure Rules be written as: 41 VOTING PROCEDURES. (a) Voting shall be conducted by the use of a voice vote of those Commissioners in attendance. (b) When the Commission is voting by voice vote, a negative vote shall be registered by the oral statement of 'NO' by the Commission Member voting. Affirmative vote shall be registered by the oral statement of 'YES' or 'A YE' by the Commissioner voting. (c) A majority vote of the Commissioners present is required to pass any motion or action. Tie votes shall constitute "no action", and the matter voted upon remains before the Commission and is subject to further Commission consideration. If the Commission is unable to take action on a matter before it because of a tie vote, the Traffic Engineer shall place the item on the next regular meeting of the Commission for further consideration. Staff has attached TSC Resolution 92-2 for adoption of the Commission, incorporating the above request by Commissioner Fuller. NECESSARY CI1Y COUNCIL ACTION: No City Council action is required. J. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TRAFFIC SAFETY COMMISSION RESOLUTION NO. 92-2 A RESOLUTION OF THE TRAFFIC SAFETY COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING TRAFFIC SAFETY COMMISSION PROCEDURES. The Traffic Safety Commission of the City of Carlsbad hereby resolves as follows: The following procedure rules for the conduct of Traffic Safety Commission meetings are adopted: Sections: 1 REGULAR MEETINGS 2 SPECIAL MEETINGS 3 ADJOURNED MEETINGS 4 STUDY SESSIONS 5 MEETINGS TO BE PUBLIC -EXCEPTIONS 6 COMMISSION AGENDA 7 CORRESPONDENCE -AVAILABILITY TO THE PUBLIC 8 CORRESPONDENCE -AUTHORITY OF CITY TRAFFIC ENGINEER 9 QUORUM 10 CONDUCT OF BUSINESS 11 ORDER OF BUSINESS 12 CALL TO ORDER -PRESIDING OFFICER 13 ROLL CALL 14 READING OF MINUTES 15 MINUTES 16 DISTRIBUTION OF MINUTES 17 RECORDINGS OF MEETINGS 18 PRESIDING OFFICER 19 POWERS AND DUTIES OF PRESIDING OFFICER 20 GAINING THE FLOOR 21 QUESTIONS TO THE STAFF 22 INTERRUPTIONS 23 POINTS OF ORDER 24 POINT OF PERSONAL PRIVILEGE 25 PRIVILEGE OF CLOSING DEBATE 26 CALLING THE QUESTION 27 PROTEST AGAINST COMMISSION ACTION 28 PUBLIC HEARINGS -WHEN HELD 29 TRAFFIC SAFETY COMMISSION MEETING -PROCEDURE 30 TRAFFIC SAFETY COMMISSION MEETING -EVIDENCE 31 TRAFFIC SAFETY COMMISSION MEETING -CONTINUATION 32 TRAFFIC SAFETY COMMISSION MEETING -TERMINATION OF PUBLIC TESTIMONY 33 PUBLIC TESTIMONY -CLOSING 34 AGENDA ITEM -REOPENING 35 TRAFFIC SAFETY COMMISSION MEETING -DECISION l 2 :3 4 5 6 7 8 9 10 11 12 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 REQUEST TO ADDRESS THE COMMISSION ON ITEMS OTHER THAN LISTED PUBLIC HEARING. ADDRESSING THE COMMISSION -SPOKESMAN FOR GROUP OF PERSONS. DECORUM AND ORDER -COMMISSION AND CITY STAFF. DECORUM AND ORDER -AUDIENCE. ENFORCEMENT OF DECORUM . VOTING PROCEDURES. DISQUALIFICATION FOR CONFLICT OF INTEREST. FAILURE TO VOTE . CHANGING VOTE. RECONSIDERATION. PREPARATION OF RESOLUTIONS. MOTIONS. PRECEDENCE OF MOTIONS. PARTICULAR MOTIONS, PURPOSE AND CRITERIA. RESOLUTIONS. RESOLUTIONS -ADOPTION. CORRECTION OF DOCUMENTS. ROBERT'S RULES OF ORDER. FAILURE TO OBSERVE PROCEDURES. RALPH M. BROWN ACT. 1 REGULAR MEETINGS. The Traffic Safety Commission shall hold regular meetings 13 on the first Monday of each month at the hour of 3:00 PM, in the Council Chambers at the City Hall, 1200 Carlsbad Village Drive, Carlsbad, or such other place to which a meeting is adjourned. 14 If by reason of fire, flood or other emergency, it shall be unsafe to meet in the Council Chambers, the meetings may be held for the duration of the emergency at such other places as is 15 designated by the Chairperson of the Commission, or if he should fail to act, by a majority of the quorum of the Commission. When the day for any regular meeting falls on a legal holiday, such 16 meeting shall be held at the same hour and place on the next succeeding Monday not a holiday or such other time as designated by the Traffic Safety Commission. At least 72 hours before a 1 7 regular meeting, the agenda of the meeting shall be posted in a location that is freely accessible 18 to members of the public. No action shall be taken on any item not appearing on the agenda. 2 SPECIAL MEETINGS. Special meetings may be called at any time by the 19 Chairperson or by three members of the Traffic Safety Commission by delivering personally or 20 by mail written notice to each Commissioner and to each local newspaper of general circulation, radio or television station having filed written request for such notice. Such notice must be 21 delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Commissioner who at or prior 23 to the time the meeting convenes files with the City Traffic Engineer a written waiver of notice. 22 24 25 26 27 28 Such waiver may be given by telegram. Such written notice may also be dispensed with as to any Commissioner who is actually present at the meeting at the time it convenes. Notice of the special meeting shall be posted at least 24 hours prior to the meeting in a location that is freely accessible to members of the public. 3 ADJOURNED MEETINGS. All meetings may be adjourned to a time, place and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be TSC RESO NO. 92-2 -~---2- l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 reconvened. Meetings may be adjourned by the Chairperson by a simple declaration thereof in the absence of a protest by any Commissioner. Meetings may also be adjourned upon the making and seconding of such a motion in accordance with the procedures on motions established by the procedures. If a quorum is not present, less than a quorum may so adjourn a meeting. If all members of the Commission are absent, the City Traffic Engineer shall declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be given in the same manner as provided in Section 2 for special meetings. When any meeting is adjourned, the City Traffic Engineer shall post notice of such adjournment on the Council Chamber door within twenty-four hours after the time of the adjournment. 4 STUDY SESSIONS. The Commission may from time to time adjourn to meet in study sessions. The purpose of such sessions shall be for hearing reports from the staff and reviewing, discussing and debating matters of interest to the City. No official action shall be taken at a study session. The participation of the public in such session shall be subject to the discretion of the Chairperson. 5 MEETINGS TO BE PUBLIC -EXCEPTIONS. All meetings of the Traffic Safety Commission shall be open to the public. 6 CO MMISSION AGENDA. (a) In order to facilitate the orderly conduct of the business of the Commission, an agenda shall be prepared for each regular meeting containing the specific items of business to be transacted and the order thereof. Items of business may be placed on the agenda by the direction of a member of the Commission, or City Traffic Engineer or at the request of the pubic or other City official. Whenever feasible, each item on the agenda shall contain a staff recommendation and the specific action requested to be taken by the Commission. At least 72 hours before a regular meeting, the agenda of the meeting shall be posted in a location that is freely accessible to members of the public. (b) No action shall be taken on any item not appearing on the posted agenda unless the 16 following condition exists: 17 18 19 20 21 22 23 24 25 26 27 28 (1) The item was posted for a prior meeting occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. (c) The order of business established on the agenda shall be followed unless the Chairperson, with the consent of a majority of the Commission , permits a matter to be taken out of the regular agenda order. (d) Every agenda for a regular meeting shall provide an opportunity for members of the public to directly address the Commission on items of interest to the public, provided that no action shall be taken on any item not appearing on the agenda: this part of the agenda shall be limited to 15 minutes. 7 CORRESPONDENCE -AVAILABILITY TO THE PUBLIC. (a) Correspondence addressed to the Commission which is received by the City Traffic Engineer or any officer or employee of the City shall not be a matter of public record unless it is received and filed by the Commission at a regular, special, or adjourned meeting of the Commission. TSC RESO NO. 92-2 -3- J. 2 3 4 Correspondence shall not be read aloud at a Commission meeting unless requested by a majority vote of the Commission. (b) Sufficient copies of each correspondence shall be provided so that each Commissioner and the City Traffic Engineer will have a copy. In addition, three additional copies for public inspection at the meeting shall be provided. 8 CORRESPONDENCE -AUTHORITY OF CITY TRAFFIC ENGINEER. 5 (a) The City Traffic Engineer is authorized to open and examine all mail or other written communications addressed to the Traffic Safety Commission, except correspondence addressed 6 to individual Traffic Safety Commission members, and to give it warranted attention to the end that all administrative business referred to in said communications and not requiring Traffic Safety 7 Commission action may be acted upon between Commission meetings provided, that all communications and any action taken pursuant thereto shall be reported to the Traffic Safety 8 Commission. 9 (b) Correspondence deemed to be of an important or urgent nature may be submitted for Commission consideration at a Traffic Safety Commission meeting. 10 1 1 9 QUORUM. Three members of the Commission shall constitute a quorum for the transaction of business. Less than a quorum may adjourn from time to time. Where there is no 12 quorum, the Chairperson, Vice Chairperson or any member of the Commission shall adjourn such meeting, or if no member of the Commission is present, the City Traffic Engineer shall 13 adjourn the meeting. For the purpose of considering any item subject to vote of the Commission, when a member of the Commission is disqualified due to a conflict of interest, his 14 presence shall not be considered in determining the presence of a quorum. Consideration on such item shall be deferred until a quorum of non-interested Commissioners are present to 15 discuss and vote on them if a disqualification reduces those in attendance to less than a quorum. 16 1 O CONDUCT OF BUSINESS. The time set for each regular meeting, each member of the Commission, the City Traffic Engineer, Minutes Clerk, and such department heads or others 1 7 as have been requested to be present shall take their regular places in the Council Chambers. 18 The business of the Commission shall be conducted in substantially the order and in the manner herein provided. 19 11 ORDER OF BUSINESS. The business of the Commission shall be taken up for 20 consideration and disposition in the following order: 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 7. 8. 9. Call to Order. Roll Call. Approval of Minutes. Comments from the audience on items not listed in the Agenda (Oral Communications). Previous Business. New Business. Report from Traffic Safety Commission. Report from Traffic Engineer. Adjournment. TSC RESO NO. 92-2 -4- l 2 3 4 5 6 7 Business will be considered in the order shown above, unless modified as provided for in this Chapter. 12 CALL TO ORDER -PRESIDING OFFICER. The Chairperson, or in his absence the Vice Chairperson, shall take the chair at the hour appointed for the meeting and shall call the Commission to order. In the absence of the Chairperson and the Vice Chairperson, the City Traffic Engineer shall call the Commission to order, whereupon a temporary presiding officer shall be elected by the Commission Members present. Upon the arrival of the Chairperson or the Vice Chairperson, the temporary presiding officer shall relinquish the chair at the conclusion of the business then before the Commission. Whenever the term 'Chairperson' is used in these rules, and the Chairperson is absent, it shall apply equally to the Vice Chairperson, and if he is also absent, to the presiding officer elected pursuant to this section. 13 ROLL CALL. Before proceeding with the business of the Commission, the Minutes 8 Clerk shall call the roll of the Commission Members and the names of those present shall be entered in the minutes. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 READING OF THE MINUTES. Unless the reading of the minutes of a meeting is requested by a member of the Commission, the minutes may be approved without reading if each member of the Commission has previously been furnished with a copy thereof. 15 MINUTES. The minutes of the Commission shall be kept by the Minutes Clerk and shall be neatly typewritten and retained on file in the Engineering Department, with a record of each particular type of business transacted set off in paragraphs, with proper subheads; provided that the Minutes Clerk shall be required to make a record only of such business as was actually passed upon by a vote of the Commission and shall not be required to make a verbatim transcript of the proceedings, and provided, further, that a record shall be made of the names and addresses of persons addressing the Commission, the title of the subject matter to which their remarks related and whether they spoke in support of or in opposition to such matter. A Commissioner may request, through the Chairperson, the privilege of having an abstract of his statement on any subject under consideration by the Commission entered in the minutes. If there is no objection from any member of the Commission, such statement shall be entered in the minutes. 16 DISTRIBUTION OF MINUTES. A copy of the minutes of the meeting shall be furnished to each Commissioner prior to the subsequent meeting. Copies shall also be provided to the City Manager, City Attorney, City Traffic Engineer and any other individuals designated by the City Manager. 17 RECORDINGS OF MEETINGS. (a) The Minutes Clerk may tape record Traffic Safety Commission meetings as an aid in the preparation of the minutes. If tape recordings are made, they shall be retained by the Minutes Clerk until such time as the minutes have been approved by the Commission. Upon such approval of the written minutes by the Commission, the Minutes Clerk may reuse or erase such tape recordings unless specifically requested by the Commission or the City Attorney to retain such tapes at the time the minutes are approved. TSC RESO NO. 92-2 -5- l 2 :3 4 (b) While the Minutes Clerk has the tape recordings in her possession, members of the public may hear tape recordings of the Commission meetings during office hours when it will not inconvenience the ordinary operation of the Engineering Department. Brief or shorthand notes may be made; mechanical recordings may be made from said tapes; and in this connection, the Minutes Clerk is further authorized to allow the recording machine to be used by the public for listening purposes when such machine is not necessary for use by the Engineering Department in the ordinary function of the office. The provisions of this section shall be administered according to the provisions of Section 1.20.170 of the Carlsbad Municipal Code. 5 (c) If any pers on wishes a record of the Traffic Safety Commission meeting, or any portion 6 thereof, a req uest therefore shall be filed with the Engineering Department twenty-four hours prior to the meeting. If such a request is received, the Minutes Clerk shall make arrangements to make and preserve such a record at the expense of the person making the request. 7 8 If any person desires to have a matter reported by a stenographer reporter, he may employ one directly at his expense. 9 18 PRESIDING OFFICER. The Chairperson of the Commission shall be the Presiding 10 Officer at all meetings of the Traffic Safety Commission. 11 19 POWERS AND DUTIES OF PRESIDING OFFICER. The Presiding Officer may move, 1 2 second, debate, and vote from the Chair. He shall not be deprived of any of the rights and privileges of a Commissioner by reason of his acting as Presiding Officer. The Presiding Officer 13 or such person as he may designate may verbally restate each question immediately prior to calling for the vote. Following the vote the Presiding Officer shall announce whether the question 14 carried or was defeated. The Presiding Officer shall be responsible for the maintenance of order and decorum at all meetings. He shall decide all questions of order and procedure subject, 15 however, to an appeal to the Commission in which case the matter shall be determined by majority vote of the Commission. The Presiding Officer shall sign all resolutions, and other 16 documents necessitating his signature which were adopted in his presence unless he is unavailable in which case an alternate Presiding Officer may sign such documents. 17 20 GAINING THE FLOOR. Every Commissioner desiring to speak shall first address the 18 Chair, gain recognition by the Presiding Officer, and shall confine himself to the question under debate, avoiding reference to character and indecorous language. 19 20 21 QUESTIONS TO THE STAFF. Every Commission Member desiring to question the City staff shall, after recognition by the Presiding Officer, address his question to the appropriate 21 staff member. Questions shall be limited to inquiries relevant to the item. 22 24 25 22 INTERRUPTIONS. A Commissioner once recognized shall not be interrupted when speaking unless called to order by the Presiding Officer, or unless a point of order or personal 23 privilege is raised by another Commissioner, or unless the speaker chooses to yield to a question by another Commission Member. If a Commissioner while speaking is called to order he shall cease speaking until the question of order is determined and if determined to be in order, he may proceed. Members of the City Staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. 26 27 28 TSC RESO NO. 92-2 -6- J. 2 3 23 POINTS OF ORDER. The Presiding Officer shall determine all points of order subject to the right of any Commissioner to request full Commission ruling and the question shall be, "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively determine such question of order. 24 POINT OF PERSONAL PRIVILEGE. The right of a Commissioner to address the 4 Commission on a question of personal privilege shall be limited to cases in which his integrity, character or motives are questioned or where the welfare of the Commission is concerned. A 5 Commissioner raising a point of personal privilege may interrupt another Commissioner who has the floor only if the Presiding Officer recognizes the privilege. 6 25 PRIVILEGE OF CLOSING DEBATE. Subject to the provision of Section 26, the 7 Commissioner moving the adoption of a resolution or motion shall have the privilege of closing debate, subject to a Commission majority ruling that debate should continue. 8 26 CALLING THE QUESTION . A member of the Commission who wishes to terminate 9 discussion of a motion may call for the question. If the call is seconded, the Presiding Officer shall ask for a vote. If the call carries, the Commission shall then vote on the motion without 10 further discussion. 11 27 PROTEST AGAINST COMMISSION ACTION. Any Commissioner shall have the right 12 to have the re asons for his dissent from or his protest against any action of the Commission entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in 1 3 substantially the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons ... " 14 28 PUBLIC HEARINGS -WHEN HELD. (a) Wherever by law the Commission is required 15 to hold a public hearing on any matter before it, such hearing will be held in accordance with the rules and procedures set forth in these rules . Nothing herein shall prohibit or limit the 16 Commission from holding a public hearing on the matter before it, whether required by law or not, nothing herein shall prohibit or limit any member of the public from addressing the Commission in accordance with the procedures provided for in these rules irrespective of 18 whether or not a public hearing is held. 17 19 (b) All public hearings shall be scheduled to begin at a time certain which shall be the hour the Commission convenes. The Commission shall hold such hearings in order, in accordance with 20 the schedule on the agenda at that time or as soon thereafter as practicable. 21 29 TRAFFIC SAFETY COMMISSION MEETING -PROCEDURE. (a) The Presiding Officer shall announce that it is the time and place for the Traffic Safety Commission meeting scheduled 22 on the agenda. 2 3 (b) Prior to all Commission meeting copies of the Commission's agenda with attachments, 25 26 including the staff report, if any, shall be available at the Office of the City Traffic Engineer at least 24 twenty-four hours prior to commencement of the hearing; provided however, the Commission may allow in its discretion the filing of supplemental reports which shall be made public at the commencement of the meeting. Any writing presented to the Commission which has not previously been made available for public inspection, shall be made available as soon after the meeting as practicable. 27 28 TSC RESO NO. 92-2 -7- 1 2 3 4 5 6 (c) The order of the hearing shall be as follows unless otherwise required by law: 1. 2. 3. 4. 5. 6. 7. Presentation of Staff Report. Presentation, if any, by the Proponent (limited to 15 minutes or at the discretion of the Presiding Officer.) Questions from the Commission. Testimony of Public. Termination of Public Testimony. Discussion by Commission -Further Questions of Staff. Recommendation from the Traffic Safety Commission. (d) The Commissioners should raise issues or concerns during the course of the meeting so that 7 the applicant or the public has an opportunity to address those issues. 8 (e) The provisions of Section 36 and Section 37 for addressing the Commission shall apply to persons testifying at the meeting except that a written request to speak shall not be required. 9 10 11 (f) The Presiding Officer may, dependent upon the necessity for ensuring adequate presentation of testimony and evidence to provide a fair meeting , set longer time limits than otherwise may be applicable to the agenda item. 12 30 TRAFFIC SAFETY COMMISSION MEETING -EVIDENCE. (a) During the meeting the Commission shall receive oral or written evidence relevant to the matter being considered which shall become part of the record. Evidence received at the meeting provided for in this Resolution shall be relevant and material to the issues before the Commission; provided, however, that the rules of evidence as established by the Evidence Code for the State of California shall be substantially relaxed in order to afford a full presentation of the facts essential 13 14 15 for judicious consideration by the Commission of the matter which is the subject of the meeting. Failure on the part of the Commission to strictly enforce rules of evidence or to reject matters 16 which may be irrelevant or immaterial shall not affect the validity of the meeting. Any procedural errors which do not affect the substantial rights of the parties shall be disregarded. Any person, other than a member of the Commission, who wishes to direct question(s) to an opposing member of the public shall submit such question(s) to the Presiding Officer who will ask the question(s) to the citizen. The Presiding Officer may at his discretion restrict the number and nature of any questions asked pursuant to this section. 17 18 19 20 (b) If there is a Staff Report it shall be considered as evidence and shall become a part of the record of the meeting. Such report need not be read in full as part of the staff presentation. A 21 synopsis of such report may be presented orally by staff members to the Commission. In addition, any of the following may be presented to the Commission and, if presented, shall also 22 become part of the record: 23 24 25 26 27 28 1. 2. Exhibits and documents used by the City Staff and any persons participating in the meeting. Maps and displays presented for use at the meeting provided that, whenever practicable, they shall be displayed in full view of the participants and the audience. TSC RESO NO. 92-2 -8----- l 2 3 4 5 6 7 8 9 3. 4. All communications and petitions concerning the subject matter of the meeting provided that a reading of such matters only shall be had at the request of a Commissioner. Information obtained outside the Council Chambers, such as view of the site, provided such information, to the extent it is relied upon, shall be disclosed for the record. 31 TRAFFIC SAFETY COMMISSION MEETING -CONTINUATION. At any time that it appears to the Presiding Officer or a majority of the Commission through the Presiding Officer, that inadequate evidence has been presented to afford judicious consideration of any matter before the Commission at the time of the meeting, or for other just cause, a continuation of said meeting may be ordered to afford the proponent, the public, or the City Staff adequate time to assemble additional evidence for the Commission 's consideration. Any continuation ordered by the Commission through its Presiding Officer shall be to a date certain, which said date shall be publicly announced in the Council Chambers and shall constitute notice to the public of the time and place that further evidence will be taken. No further notice is necessary. If the meeting is continued to a time less than 72 hours after the time specified in the notice of meeting, a copy of the notice of continuance of the meeting shall be posted immediately following the meeting 10 at which the order of continuance was made. The public announcements provided for herein 11 shall constitute notice to the applicant and the public of time and place when further evidence will be taken by the Commission. The Commission shall also have the option to set the matter 12 to a new meeting. 13 32 TRAFFIC SAFETY COMMISSION MEETING -TERMINATION OF PUBLIC TESTIMONY. When the public has no further evidence to present, when in the opinion of the 14 Presiding Officer no new public evidence is being presented or when in the opinion of Presiding Officer the evidence is sufficient, the Presiding Officer may terminate the public testimony. 15 Termination of the public testimony does not close the input from the public. 16 17 33 PUBLIC TESTIMONY -CLOSING. When neither the proponent, the public, or the City staff have further evidence to produce or when in the opinion of the Presiding Officer sufficient evidence has been presented, the Presiding Officer shall order the public input closed, 18 at which time no further evidence either oral or written will be accepted by the Commission; provided, however, that this rule may be relaxed by the Presiding Officer or the majority of the Commission through the Presiding Officer where it appears that good cause exists to hear further evidence concerning the matter which is the subject of the agenda item. 19 20 21 22 23 24 25 26 27 28 34 AGENDA ITEM -REOPENING . The public input on any matter once closed cannot be reopened on the date set for meeting unless the Presiding Officer determines that all persons who were present when the meeting closed are still present. Nothing herein, however, is intended to prevent or prohibit the reopening of the Commission. No agenda item may be reopened without due and proper notice being given to the proponent and the public designating the time and place of said opening. 35 TRAFFIC SAFETY COMMISSION MEETING -DECISION. (a) The Commission shall consider all evidence properly before them in accordance with these procedures. The Commission shall then act upon the item. The Commission may instruct the City Traffic Engineer to return with the documents necessary to effect the decision including findings as may be appropriate to the matter. Upon return of such documents, the Commission shall determine if TSC RESO NO. 92-2 ~~---9- the findings are supported by the evidence before them at the meeting and if the decision is 1 supported by the findings and after making any changes render their decision by taking action on the documents. The Commission's decision is not final until consideration of the documents. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) A Commissioner who was absent from all or a part of a meeting shall not participate in a decision on the matter unless he has examined all the evidence including listening to a recording of the oral testimony, if a recording is made, or the minutes, and can represent that he has a full understanding of the matter. 36 REQUEST TO ADDRESS THE COMMISSION ON AGENDA ITEMS OTHER THAN LISTED. (a) It is the policy of the Commission to permit limited presentations by members of the public on non-agenda items. The Presiding Officer may in the absence of objection by a majority of the Commissioners present, decline to permit such presentations on any particular non-agenda item. (b) Any person or group of persons desiring to address the Commission on a non-agenda matter must file with the City Traffic Engineer a written request for permission to address the Commission in advance of the Commission's consideration of the item. The Presiding Officer may grant consent to address. (c) Each person desiring to address the Commission shall approach the podium, state his name and address fo r the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and unless further time is granted by majority vote of the Commission, shall limit his remarks to five minutes. All remarks shall be addressed to the Com mission as a whole and not to any one member thereof. No questions shall be asked of a Commissioner or a member of the City Staff without obtaining permission of the Presiding Officer. The Presiding Officer shall not permit any communication, oral or written, to be made or read where it does not bear directly on the agenda item then under discussion. (d) After a motion has been made no member of the public shall address the Commission from the audience on the matter under consideration without first securing permission to do so by a majority vote of the Commission . (e) No person shall address the Commission without first securing the permission of the Presiding Officer. 37 ADDRESSING THE COMMISSION -SPOKESMAN FOR GROUP OF PERSONS. (a) In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Commission on the same subject matter, it shall be proper for the Presiding Officer to require that a spokesman be chosen from the group to address the Commission. If additional matters are to be presented by any other members of the group the Presiding Officer may limit the number of such persons and limit the presentation to information not already presented by the group spokesman. 38 DECORUM AND ORDER -COMMISSION AND CITY STAFF. While the Commission is in sess ion, the Commissioners and City staff shall observe good order and decorum. A member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the Commission nor disturb any member while speaking or refuse to obey the directives of the Presiding Officer. TSC RESO NO. 92-2 ---"-'=-=---10- J. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 39 DECORUM AND ORDER -AUDIENCE -Members of the public attending Commission meetings shall obseNe the same rules of order and decorum applicable to the Commissioners and City staff. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Commission or while attending the Commission's meeting shall be removed from the room if the Sergeant-at-Arms is so directed by the Presiding Officer, and such person may be barred from further audience before the Commission. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the Presiding Officer, and if such conduct continues, he shall direct the Sergeant-at-Arms to remove such offenders from the room . 40 ENFORCEMENT OF DECORUM. (a) The Police Chief or such other person as he may designate shall be Sergeant-at-Arms of the Commission. The Sergeant-at-Arms shall be available on an oncall basis for regular and adjourned meetings. (b) Any member of the Commission or other person using vulgar, profane, loud or boisterous language at any meeting or otherwise interrupting the proceedings of the Commission , or who refuses to carry out orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Commission meeting, or who interrupts proceedings, shall upon conviction be deemed guilty of a misdemeanor. 41 VOTING PROCEDURES . (a) Voting shall be conducted by the use of a voice vote of those Commissioners in attendance. (b) When the Commission is voting by voice vote, a negative vote shall be registered by the oral statement of 'NO' by the Commission Member voting. Affirmative vote shall be registered by the oral statement of 'YES' or 'AYE' by the Commissioner voting. (c) A majority vote of the Commissioners present is required to pass any motion or action. Tie votes shall constitute "no action", and the matter voted upon remains before the Commission and is subject to further Commission consideration. If the Commission is unable to take action on a matter before it because of a tie vote, the Traffic Engineer shall place the item on the next regular meeting of the Commission for further consideration . 42 DISQUALIFICATION FOR CONFLICT OF INTEREST. If a Commissioner has reason to think a conflict of interest may exist, he shall give the facts of the matter to the City Attorney and request advice thereon prior to the meeting. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification in the open Commission meeting. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall remove himself from the chamber during the debate and not vote or otherwise participate on such matter, or may request and be given the permission of the Presiding Officer to step down from the Commission seat and leave the chamber. A Commissioner stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. TSC RESO NO. 92-2 -11 - 43 FAILURE TO VOTE. Every Commissioner should vote unless disqualified by reason l of conflict of interest. A Commissioner who abstains from voting acknowledges that a majority of the quorum may decide the question voted upon. 2 :3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 44 CHANGING VOTE. A Commissioner may change his vote only if a timely request to do so is made immediately following the announcement of the vote by the Presiding Officer and prior to the time the next item in the order of business is taken up. A Commissioner who publicly announces that he is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his abstention. 45 RECONSIDERATION. (a) A motion to reconsider any action taken by the Commission may be made only at the meeting such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned sessions thereof. Such motion may be made only by one of the Commissioners who voted with the prevailing side. Nothing herein shall be construed to prevent any Commissioner from making or remaking the same or any other motion at a subsequent meeting of the Commission. (b) A motion to rescind , repeal, cancel or otherwise nullify prior Commission action shall be in order at any subsequent meeting of the Commission. The effect of such action shall operate prospectively and not retroactively and shall not operate to adversely affect individual rights which may have vested in the interim. 46 PREPARATION OF RESOLUTIONS. All resolutions shall be prepared by the City Traffic Engineer. No resolution shall be prepared for presentation to the Commission unless requested by a Commissioner, the Chairperson, City Manager, City Attorney or prepared by the City Traffic Engineer on his initiative. 47. MOTIONS. (a) A motion is the formal statement of a proposal or question to the Commission for consideration and action. Every Commissioner has the right to present a motion. A motion is generally considered in the nature of direction or instruction, however, a motion will generally suffice unless a resolution is specifically called for by law or unless there is some reason for desiring the particular action formalized by separate instrument. (b) If the motion contains two or more divisible propositions, the Presiding Officer may divide the same. (c) If a motion is properly made, the Presiding Officer shall call for a second. No further action is required on a motion which does not receive a second. (d) When a motion is made and seconded, it shall be restated by presiding Officer before a vote. 22 After extensive discussion on a motion, the Presiding Officer should restate the motion before a vote. 23 24 25 26 27 28 (e) A motion once before the Commission, may not be withdrawn by the maker without the consent of the second. 48 PRECEDENCE OF MOTIONS. (a) When a main motion is before the Commission, no motion shall be entertained except the following which shall have precedence, one over the other, in the following order: TSC RESO NO. 92-2 --"-=---12- l 2 :3 4 5 6 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 . Adjourn. Recess. Table. Call for the Question. Limit or extend Debate. Refer to Committee or Staff. Substitute. Amend. Postpone. Minute Motion. Main Motion. 7 (b) The order of preference in Subsection (a) is subject to the following restrictions. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. A motion shall not be in order which repeats a motion made previously at the same meeting unless there has been some intervening Commission action or discussion. A motion shall not be in order when the previous question has been ordered. A motion shall not be in order while a vote is being taken. A motion shall not be in order when made as an interruption of a Commissioner while speaking. 49 PARTICULAR MOTIONS, PURPOSE AND CRITERIA. The purpose and salient criteria of the motions listed in Section 48 is as follows: 1. Motion to Adjourn. Purpose. To Terminate a Meeting. Debatable or amendable. No, except a motion to adjourn to another time is debatable and amendable as to the time to which the meeting is to be adjourned. 2. Motion to Recess. Purpose. To permit an interlude in the meeting and to set a definite time for continuing the meeting. Debatable or Amendable. Yes, but restricted as to time or duration of recess. 3. Motion to Table. Purpose. To set aside, on a temporary basis, a pending main motion provided that it may be taken up again for consideration during the current meeting or at some future regular meeting. Debatable or Amendable. It is debatable but not amendable. 4. Motion to Call for the Question. TSC RESO NO. 92-2 -13- l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Purpose. To prevent or stop discussion on the pending question or questions and to bring such question or questions to vote immediately. If the motion passes, a vote shall be taken on the pending motion or motions. Debatable or Amendable. No. 5. Motion to limit or extend debate. Purpose. To limit or determine the time that will be devoted to discussion of a pending motion or to extend or remove limitations already imposed on its discussion. Debatable or Amendable. Not debatable; amendments are restricted to period of time of the proposed limit or extension. 6. Motion to Refer to Committee or Staff. Purpose. To refer the question before the Commission to a Committee or to the City staff for the purpose of investigating or studying the proposal and to make a report back to the Commission. If the motion fails , discussion or vote on the question resumes. Debatable or Amendable. Yes. 7. Substitute Motion. Purpose. To strike out one main motion and insert another main motion in its place which may be done so long as it is related to the subject of the original motion. Debatable or Amendable. The substitute motion is left unacted on until Commissioners have the opportunity to perfect the main motion by amendments if desired. The su bstitute motion is debatable and subject to amendment. After amendments have been offered, the substitute motion is voted upon and, if adopted, strikes the main motion. 8. Amend. Purpose. To modify or change a motion that is being considered by the Commission so that it will express more satisfactorily the will of the members. If the motion passes, then the main motion should be voted on as amended. Debatable or Amendable. It is debatable unless applied to an undebatable main motion. It is amendable. 9. Motion to Postpone. Purpose. To prevent further discussion and voting on the main motion until a future date or event. If the motion fails, discussion and voting on the main motion shall not be brought up again until the specified date or event. Debatable or Amendable. It is debatable but not amendable. TSC RESO NO. _9~2--2~--14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 o. Minute Motion. Purpose. To make a permanent record and enter into the minutes the action of the Com mission regarding any item properly before it. Such action may include, but not be limited to, recommendations to the City Council or approving and accepting reports, or such other and further action as determined by the Commission which does not require a written resolution. A minute motion shall not substitute for a resolution. Debatable or Amendable. Yes. 11 . Main Motion. Purpose. The primary proposal or question before the Commission for discussion and decision. Debatable or Amendable . Yes. 50 RESOLUTIONS. Formal Commission actions on all items before it shall be made by resolution. When necessary the resolution shall contain appropriate findings and declarations. 51 RESOLUTIONS -ADOPTION. (a) Where a particular resolution has been prepared and is before the Commission, it shall be adopted by motion, second, discussion and vote. It is not necessary to read the resolution by title or in full provided it is identified by the Presiding Officer. Upon request of any member of the Commission, the resolution shall be read by title or in full. (b} Where a particular resolution has not been prepared a motion to direct the City Traffic Engineer to prepare the document and return it to the Commission is in order. (c) Where necessary, a resolution may be presented verbally in motion form together with instructions for written preparation. Upon execution of such a resolution, it shall become an official action of the Commission. 52 CORRECTION OF DOCUMENTS. Upon occasion Resolutions or other documents are submitted in draft form or on the spot amendments occur or typographical or other technical errors are fou nd which necessitate retyping of the document; and such redraft, when properly executed, shall become the original document. 53 ROBERT'S RULES OF ORDER. If a matter arises at a Commission meeting wh ich is not governed by these procedures or applicable provisions of federal or state law, including the Ralph M. Brown Act (Government Code Sections 54950 et seq.) or the Carlsbad Municipal Code, the procedures of the Commission shall be governed by the latest revised edition of Robert's Rules of Order, which is incorporated herein by reference. 54 FAILURE TO OBSERVE PROCEDURES. The provision of these Rules are adopted to expedite the transaction of the business of the Commission in an orderly fashion and are deemed to be procedural only. The failure to strictly observe such rules shall not affect the jurisdiction of the Commission or invalidate any action taken at a meeting that is otherwise held in conformity with law. TSC RESO NO. _9_2_-2~_ -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 55 RALPH M. BROWN ACT. The provisions of the Ralph M. Brown Act are incorporated herein by reference and are attached. PASSED, APPROVED AND ADOPTED by the Traffic Safety Commission of the City of Carlsbad at a regular meeting held on the 4th day of May, 1992, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: ROBERT T. JO TRAFFIC ENGi TSC RESO NO. 92-2 Blake, Fuller, Rifkin, Stachoviak ' n FIC SAFETY COMMISSION -16-