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HomeMy WebLinkAboutORD NO 1595 OBDINANCK NO. .159~. . NK~ SBRTES AH ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD RKFKALTNG CK~FTER 2.08 OF THE HUNICZPAL CODE AND FROVZDZNG A N~ CHAPTKR 2.08 PROVIDING THE ORDER OF BUSINESS AND PROCEDURE FOR CONDUCTING MEETINGS OF THE CITY COU~CTL OF THE fllTY OF BAKERSFIKLD. BE IT ORDAINED by the Council of the City of Bakersfield the Chapter 2.08, procedure of meetings, is hereby repealed and ne~ Chapter 2.08 shell read as £ollov8 Chapter 2..08 PROCXDU~ AT HKETINGS Sections: 2.08.010 Authority and Purpose. 2.08.020 Parliamentary Law. 2.08.030 A~en~ 2.08.0~0 Duties o£ Presidin~ O££1cer. 2.08.050 Sez~eant-et-anno. 2.08.060 Order o£ Business. 2.08.070 Correspondence. 2.08.080 Scheduled Public 2.08.090 Other Public 2.08.110 Rules o£ Debate. 2.08.111 Members may file protests a~atnet Council action. 2.08.112 Persons authorized to be within rail. 2.08.113 Ordinances, Resolutions, Hotions and Contracts. 2.08.114 Reports and Resolutions to be filed with Clerk. 2.08.115 AdJourn~m~t. ............... -2.08. ll~" Effective date. ~ ................................... 2.08.010 Authori~y_ .and _.Purpose. These Eules of procedure are adopted pursuant ~o authority o£ California and Section 19 of the Charter o~ the City o£ Bakersfield for the purpose o£ promo~in~ uniformity, clarity and efficiency in the d~apatch o£ public bus,ness. 2.08.020 Parliamentary.. Id_~. Except aa p~ded ~ chis o~nce, oC~to~ ~w or C~ C~Cy ~rCer, ~rl~~ 1~ aa aec ~orch ~ the ~1 o~ ~g~s~t~ve P~cedu~ 1962 Kd~C~ by Paul ~o~ s~ll g~em. ~et~ o~ ~he C~ ~c~l ~ch a~ e~ll Be tn acco~ce w~h ~e O~r o~ ~s~ss. ~ pr~a~i~ o~ ~he a~ and dimCr~buC~ 8~ll bo am d~Ced ~ cb~ ~c~l. 2.08.~0 ~Ctes of ~nsid~ O~cer. ~e duties o~ C~ a. To Ope ~ eeaatn aC the t~ aC ~ch the body ts co ~C by ~k~ the 'char and ~lli~ the ~era Co order. b. To ~n~ee cb~ ~8~ess ~ore ~e body in Cb o~r ~ich ~C lo co be acted u~n. c. ~ ~o~Lze C~ ~er8 entitled Co the ~loor. d. ~ oca~ ~d ~c ~o vote all q~sc~s which a~ n~hrly ~ed or ~lch ~ceanrtly arioe in ch c~ree of ~ p~ceed~8, and Co a~o~ce C~ result o[ C~ ~Ce. e. To preae~e o~er and ~co~. To ~aCn~ C~ ~hers and the ~blic ~n engased ~n dehce wich~ ~e riles o[ order and deco~. To deci~ ell ponce o~ o~r, 8~ecC Co a~l, ~leaa ~ ~ do~C he p~ers co ~c the queeCt~ Co the dec~at~ o~ C~ body. .... h. To ~force all laws 'and re~a~s a~licable co .... co~cLl seoe~n8. Generally Co ~de and direct the p~ceedt~e oE the bo~, eub~ecc to the c~C~l and v~ll o~ ~he bod~. 2. To carry out any other duties aa specified ~n the C~ty 2.08.050 Ser~e~,.nt-at-.erm~. ~be~e ehal:L be a oe~Aeanc-ac-I~, w~ e~ll be a ~o~d ~er of the police d~~C. ~e eer~nC-sC-a~ ohl~ be ~n acC~uce aC all n~hr 8ee8~o, and shll, ~der ~e d~ncC~on 2.08.060 Orde~ o~ BuaLnesa. AC meC~n~ o~ the C~Cy C~LI, and the a~n~etrat~ o~ ohll ~ke the C~cLl ~ere, and the bus,eeo o~ ~ for c~o~deraC~n ~d d~opoetc~ Ln ~ ~011~ o~r~ ~lesa oChe~ae ch~ed by C~ b. d. H~uceo e. Sc~duled ~bl~c S~c~n~e Cor~s~d~ce Co~c~l h. ~orCs 2. B~d ~~e end/or Action 3. ~fe~ Bua~nea8 4. N~ 1. Ad~~nC 2,08.070 Gorreop~ce. Gorreapond~ce ~ce~ved 3. Clerk or other officer of the city shall not become a public record until received and filed by the Council at a regular~ special or adjourned session of the' Council. Correspondence received in the Clerk'ts office or other offices after 12:00 otclock noon on the Thursday preceding a regular session shall not be placed on the agenda unless it is of such ·nature as refers to action of the Council at the next regular meeting or if it is of such necessity as to warrant inclusion in the correspondence to be received. Correspondence relating to scheduled Council Action or Hearings shall be referred to that particular order of business. Corre- spondence shall not be read at the session unles'~ requested by a majority vote of the Council. 2.08.080 Scheduled Public Statements. Any person may apply for 'permission to address the Council by giving advance notice of his appearance to a Councilman~ the Mayor or the City Manager. Such person shall' submit his name~ address~ subject matter~ and the estimated length of t;me of presentation. 2.08.090 Other Public Statements. a. Sub_~ect Matter and Decorum. Persons wishing to address the Council who have not given advance notice of their intention to address the Council may do so with permission of the _Presiding Officer or the Council. Any person addressing the Council making slanderous~ impertinent Or personal remarks or who shall attempt by his actions or remarks, to ridicule or disparage the Mayor~ .Council or administrative personnel may forthwith be barred by the Presiding Officer from further audience before the Council during that meeting. to address the Council shall advance to the rostrum~ state his name.and address for the records whom he is representing if he represents other persons~ the subject matter he wishes to discuss 4. and the approxtmte length of time necessary for his presentation. Unless other~tse determined by the Council, the PreOtdtn~ Of£tcer shall approve or disapprove the sub3ect matter and the time allowed £or presentation. &ll remarks shall be addressed to the Council as a body and not to any member thereof. Ho question shall be asked a Councilman or a member o£ the admtnistratton or legal staff, except through tb~ Freotdtng Officer. 1(o person wb~ a£ter returning to his seat shall address the Council from his seat in the audience, but shall return to the position in front: of the Council body and request permission to address the Council ~Curther. c. Spok~_.~m_ n for Group .of ?ersons. In order to expedite matters and avoid repetitious presentations, whenever any gcoup of persona wishes to address the Council on the same sub'lect matter~ 'it shall be proper for t:ha Pres~.dtn~ Officer to request: that a spokesman be chosen by the group to address the Council, and in the event add-l, tt.onal matters are to be presented at:: the t:ime by any other member i'mvtng like views as Che group~ to l~m'tC the n, wnher of such persons address~r~ the Council and limit the t~me for each person. d. Heartn2s J Scheduled hearings on zoning matters, annexations, public ~mprovement districts, appeals, and other hearings are to be conducted in the follow~r~ manner: .~. Presentation by proponents - limited to thirty urtnutes unless permission is sranted for additional ............... time. 2. Presentation by opponents - same as (1). 3. SunnaCton by both sides of ten minutes each. ~. Council closes public discussion, ac which time no member of the public shall address the Council .' unless specifically asked to by a member through' the Presidin§ Officer. 5. Council discussion, Council decision or submissio~ 'for deliberation. ...". 2.08.110 Rules-of' Debate. a. Presidinz'Officer may Debate and Vote. In the absence of the Mayor, the Vice-Mayor or. such other member of.the Council as may be.presiding may move, second 'and debate from the chair, subject only to such limitations of :" debate, as are 'by .these rules imposed on all members and shall' not be deprived of any of the rights and privileges of a Councilman by reason of his acting..as the Presiding Officer. b'. Getting the Floor -- Improper ~eferences. to be Avoided. Every 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 speaking unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, 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. PrivileKe of Closing Debate. The Councilman moving the adoption of an ordinance or resolution 'shall have the privilege of closing the debate. .. e..'~-m~rks of Cou~cilman -- When Entered in Minutes. Any "' c0unt-fl~fi-~ay request, through the Presiding Officer, .t/~.e. ...... privilege of having a written abstract 6f his statement on any subject under consideration by the Council entered in the minutes. f. Eemax:ks of Mayor. ?~he Mayor may express his ~iews on any subject fox: considera.~on by the Council and ,-~y file his written re~o..#,.endations.with the Clerk, ox: at his request, may have a wx:itten abstx:act of his star_o-merit on any ~ubJect under consideration by the Council, entered in the minutes. 2..08~111 Membex:s May File Protests A~ainst Council Action. Any member at his x:equest shall have the.x:ight to have the reasons for his dissent from, or protest against, any action of the Council entered on the minutes. ~.08.112 Pex:sons authorized to be within rail. No person, excep~ City officials, theix: repx:esentatives, and representatives of news-gathex:ing agencies, shall be permitted within the rail' in fx:ont ~f the Council Chamber without the express consent of the Council. 2.08.113 . Ordinances, Resolutions, Motions and Contracts. a. Prepax:ation of Ordinances. Ail ordinances shall be prepared by the City Attorney. No. ordinance .shall be prepared for px:esentat'ion to the Council unless ox:dered by a majox:ity vote of the Council, or requested in wx:iting by any membex: of the council, -~he Px:esiding'0fficer or the City Managex:, ox: prepared by the City Att0~.-ney on his owm initiative. b. Px:iox: Appx:oval by Administx:ative S~aff. Ail ordinances, resolutions and Contract documents s~all, before p~esentation to the Council, have been approved as to fora and legality by the City Attorney ox: his authox:ized x:epx:esentativ, e, and. shall have been examined and approved for the administration by the City Manage'r ox: his authox:ized repx:esentative, 'W~e ~hex:e. ax:e substan't'~ve matters of a~ministx:ation involved. c. Intx:oducin~ for Passage ox: Appx:oval. Ox:dinan~es, resolutions, end other mt~ers or subJncts requiring action by the' Gouncl! uusC be introduced end sponsored by e member of the Council, except that the Heyor, City Hanaser, or City Attorney mey present ordinances, resolutions and other matters or subjects to I~e Council, and any Councilman may assume sponsorship thereof by moving that such ordinances, resolutions, rotters or subjects be adopted; ot~ervtse, ~hey shell not be considered. d. .Rmdtn~ ,of O.r.d.i.rm. ncea Be. fore Adoption. Any ordinance presented Co ~he Council ~or adoption, my be accompanied by · resume or condensation of les contents, vhich ordinance or restnM- shell be read aC least one week before the adoption of said ordinance. This provision shall nsc apply to emerAency ordinances or to ordinances requiring lnnediaCe adoption. 2.08.11& Repot.Cs and..~e..oo.lu.t,iono co be filed .with Clerk. All reports and resolutions ~hall be filed v~th the Clerk and entered on the minutes. 2.08.115 Ad_¶ourrunent. A motion Co adjourn shell' alweys be in order end decided w~Chouc debate. 2.08.116 K£fe.c. tire date. This ordinance shall be e££ecttve thirty days £ram and after the date of its passaAe. ...........,.....------ o I HEREBY ClCI~TIFY thac the £ore~oin~ Ordinance vas passed and adopted by the Counci! o£ the (:iCy o~ Bakers£Leld aC a re~ula~ meeVtnl~ vhereo£ held on Vim 3rd ,, day o~--~M~30~, 19fX~;, by Vhe £ollovtnf~ vo~:e.° ABSEI'~rl' COUNCILMEN: ABSTAINING COUNCILMEN; -- 14arLan S. Trvtn CITY 'Cf.~ and ~x-Of~c~[o Clerk of the Council of the C~L~y of[ Bakero~eld. ~D~ Afl, art! of os tng r tnar es STATE OF C~?,TFORNIA,~ ss. County of Kern ~ MARIAN S. IRVIN, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on ........ .4..l;_h......d..a.y.....o...f....~T..a..n...u...a..~.,. ............................ ,19..6..6.... she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ..... .J...a...n..u_a...~.~,....3..~ ................................... , 19..6...6..., which ordinance was numbered .............1...5..9...5. .................. New Series, and entitled: Subscribed and sworn to before me this ...4.~..h. ..... day of .......... ..J...a..n...u...a.?.~.~ .................. 19...6...6... Notary Public in and for the County o! Kern, State of Colifornh WALTER W. SMITH 1 KERN COUNTY WALTER W. SMITH My Cornmimion Expires June B, 19~9