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2) Distinction between motion and resolution: <br /> <br />a) <br /> <br />In most cases a resolution is little more than <br />a formal motion set forth in a separate written <br />document. In a few matters such as assessment <br />procedures or rezonings, a resolution is required. <br /> <br />b) <br /> <br />Motions will generally suffice unless a resolution <br />is specifically called for by law, or unless <br />there is some reason for desiring the particular <br />action formalized by separate instrument. <br /> <br />3) May be made by mayor. <br /> <br />11. DUE PROCESS <br /> <br /> In quasi-judicial functions or hearings, the Council <br />should permit limited cross-examination; cannot be biased; cannot <br />have predetermined the matter; should use discretion about field <br />trips; should disclose all information upon which decision is to <br />be based; need not administer oaths; and should limit hearsay. <br /> <br />12. DISCRETION <br /> <br />ordinance <br />standards <br /> <br />The Council may not grant special exemptions from <br />requirements except in accord with "variance" procedures; <br />and criteria must be certain. <br /> <br />13. RELATIONSHIP OF COUNCIL TO ELECTO~ <br /> <br /> It ~ be remembered, that the cou~qilmen are elected <br />by all of the people to serve as representatives of all of the people; <br />authority and responsibility for legislative enactments are vested <br />in the Council. California follows the Council type of government <br />where it is the function of the representatives to do that which in <br />their best judgment is proper. California does not follow the <br />"Town Meeting" type of government where the people legislate. <br />Therefore, the council has authority to limit debate on any subject <br />and to act in good faith regardless of the view points of limited <br />minorities. The purpose of council meetings is for the council to <br />debate openly on particular matters, to hear public expression <br />thereon, and to inform the public of what the council is doing. No <br />council is infallible and it is proper that public opinion be sought, <br />but no councilman can permit his judgment to become subservient <br />to the criticism of council meeting attendants. Conversely, <br />councilmen should remember that they are servants of the people, <br />not free agents, in administering the affairs of government. <br /> <br />a) <br /> <br />It is the responsibility of the Chair to control <br />public debate so that repetitive or irrelevant re- <br />marks are not made; so that everyone has had a <br />chance to speak before others speak for a second <br />time; and to expedite the business at hand. <br /> <br />-7- <br /> <br /> <br />