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HomeMy WebLinkAbout11/18/1996 BAKERSFIELD Randy Rowles, Chair Irma Carson Jacquie Sullivan Staff: Trudy Slater NOTICE OF A SPECIAL MEETING LEGISLATIVE AND LITIGATION COMMITTEE Monday, November 18, 1996 4:30 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue Bakersfield, CA AGENDA 1. ROLL CALL 2. APPROVAL OF OCTOBER 8, 1996 SPECIAL MEETING MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS 6. NEW BUSINESS A. ORDINANCE AMENDING CHAPTER 2.04 REGARDING COUNCIL MEETINGS 7. ADJOURNMENT November 15, 1996 Trudy Slater~_A'dministrative Analyst TS:jp FILE COPY BAKERSFIELD Alar{"Cand~, C-~f'~nager Randy Rowles, Chair Staff: Trudy Slat/er Irma Carson / Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Special Meeting Tuesday, October 8, 1996 5:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order 5:45 p.m. Members present: Councilmembers Randy Rowles, Chair; and Irma Carson Member absent: Jacquie Sullivan 2. APPROVAL OF JULY 25, 1996 SPECIAL MEETING MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS None Agenda Summary Report Legislative and Litigation committee October 8, 1996 Page -2- 6. NEW BUSINESS A. POSITIONS ON LEAGUE OF CALIFORNIA CITIES RESOLUTIONS The Committee discussed each of the 14 proposed League of California Cities resolutions. After reviewing information provided, including department head input, the Committee made decisions on 11 of the resolutions, and recommending that the other 3 be moved to the full Council for determination. The Committee supported Resolutions 4, 5, 8, 9, 10, 11, 12, and 13; remained neutral on Resolutions 1, 2, and 3; and forwarded to Council for determination Resolutions 6, 7, and 14. 7. ADJOURNMENT The meeting adjourned at 6:30 p.m. Staff Attendees: Assistant City Manager John W. Stinson and Administrative Analyst Trudy Slater Public Attendees: None ADMINISTRATIVE REPORT TO: Honorable Mayor and City Council DEPARTMENT HEAD FROM: Judy K. Skousen, City Attorney CITY ATTORNEY DATE: October 11, 1996 CITY MANAGE - ~R_~~ SUBJECT: Ordinance amending Chapter 2.04 of the Bakersfield Municipal Code relating to Council Meetings. RECOMMENDATION: The City Attorney recommends the proposed ordinance be given first reading and ( * n'ed to the Legislation and Litigation Committee. BACKGROUND: This proposed ordinance is a result of several City Council referrals to the City Attorney's Office concerning Chapter 2.04 regarding Council meetings. Several months ago the Council directed our office to resolve the conflict in this Chapter regarding who may recognize a member of the public audience to speak after a public hearing had been closed. Another referral requested a clarification regarding exactly what constituted "firs~ reading" of an ordinance. A referral some years ago requested the Chapter to be brought into compliance with the Brown Act. In reviewing the Chapter, we found that although the actual practice of the City Council had been changed to comply with the Brown Act, the Code sections had not been modified to be consistent with the Council's current practice. Over the years since this Chapter was last amended there are other areas where Council practice has changed but the ordinance has not been modified. For simplicity, the proposed ordinance repeals the old Chapter 2.04 in its entirety and adopts a new chapter 2.04, although many of the old sections are retained verbatim and many are retained with minor changes to better clarify the meaning. Attached is a list of the proposed changes, a copy of the current Chapter and a copy of the proposed new ordinance. If'you have any questions I will be happy to answer them. JKS\bsb~neg * ttachment /' ' S :, C 0 ~CR.'u~D MD~. P.~T~C OU~Cl~, L ',~D Octt~cr 11. 1996. ll:lgam AD,~NISTRATIVE REPORT Page 2 , FOLLOWING IS A LIST OF THE CHANGES PROPOSED TO BE MADE TO CHAPTER 2.04: 2.v4.010 Tune and Place of Meetings: -The language is modified to be consistent with current practice, i.e. instead of' meeting each Wednesday, the Council establishes an annual regular meeting schedule by resolution each year. 2.04.020: Same 2.04.030: Same 2.04.040 Agenda · The proposed ordinance makes no changes to this section but Council may desire to include more specifics regarding whether and how a member of the public can place in item on the agenda for council discussion. 2.04.050: Same 2.04.060: Same 2.04.070 Order of Business: This section was modified to reflect the order of the agenda as is currently prepared to comply with the Brown Act that public statemerks be made prior to any council action, and to award bids through the consent calender which change was instituted some time ago to expedite council meetings. - The proposed ordinance reflects only changes necessary to bring the Code into consistency with the current xice of the Council. However, another option available would be to allow the City Manager to establish the order of the agenda as he believes best and in compliance with any applicable laws. If' Council desires such an amendment, please advise and I will be happy to draft the language. Please remember the current ordinance requires a two-thirds vote to change the order of the agenda, thus an ordinance to amend the order of the agenda will also require a two- thirds vote. You will also need to deride whether to retain that requirement for a two-thirds vote to change the order of the agenda once the agenda has been posted. 2.04.080 Consent calendar: Paragraphs A and B were not changed except to change councilman to councilmember. A new paragraph C was added to codify the practice of abstentions for conflict of interest for certain items on the consent calendar. Paragraph C was changed to paragraph D but otherwise was not changed. Council may want to determine whether the City should continue to keep tape recordings of the meeting in perpetuity. This was added in 1991 when the Council went to action only minutes. 2.04.090 Correspondence: This section was deleted in its entirety. In the past all correspondence to the City Council was placed on the agenda, perhaps to call the Council's attention to that correspondence, but not for any legal reason. The provision currently in the Code which states that such correspondence does not become a public record until received by the Council at a council meetiftg violates the Public Records Act and is not complied with today. Currently correspondence is not placed on the agenda (,.. unless it pertains to an item on the agenda. Other correspondence is simply placed in the Councilmembers boxes. O~:totxr I1, 1996. ll:lgam ~ADblINISTRATIVE REPORT Page 3 ~.' ('"' ~. 100 and 2.04.110 Public Statements and Other Public Statements: These two sections were combined into one section with paragraphs A and B of 100 and A of 110 combined into one paragraph A. This paragraph was modified to bring it into compliance with the Brown Act and current practice. The part dealing with public hearings was renumbered as 2.04.110 as its own section. These paragraphs were also modified to resolve the conflict regarding who can recognize a member of the public to speak. The old Code provided in one place this be done by the presiding officer, in another by the entire Council and in yet another by any member of the Coundl. I resolved the conflict by providing that this decision would be made by the presiding officer. A councilmember can recognize members of the public only with the permission of the presiding officer. If Council desires something different, please advise and I will make the changes. It is important, however that the Code be consistent. Further, please remember that if the Council disagrees with the decision of the presiding officer, they may always overrule his decisions by a majority vote of the Council. The requirement that a person wishing to address the Council provide his address was deleted as such requirement violates the Brown Act. Persons can volunteer such information but only in very rare circumstances can we require it.· Paragraph A 2 of the old 110 was modified to comply with current law which only allows the Council to prohibit libel or slanderous statements in addition to the prohibition against discussing matters not within the jurisdiction of the City Council. Paragraph B 3 of 110 was deleted as it was covered above. Minor grammatical changes were made to the remaining portion of that section. Paragraph D 7 was deleted. This paragraph provided that the 15 minute time limits did not apply to General Plan Amendments initiated by the city. It appears to be the current practice to impose the 15 minute time limits on all public hearings and to do so is legal. 2.04.120 Same 2.04.130 Same 2.04.140 Same 2.04.150 Ordinances, Resolutions, Motions and Contracts. This section was left the same except for paragraph D which is modified to clari~ what constitutes first reading. Because we are a Charter city and no contrary provision is contained in the Charter, our city is not required to have both an introduction and a later adoption. We could delete that requirement entirely if you so choose. However, it is my legal opinion that if you retain both an introduction (first reading) and later adoption (second reading) you may not make substantial changes to the ordinance between the two. This was added to the proposed ordinance. 2.04.170 Same rKS/LCM/bsb (._ o~c~u~.~.~n~co~c~.,~ ~?~ O~:u:~er il, 1996. ll:19am ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2.04 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO COUNCIL MEETINGS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 2.04 of the Bakersfield Municipal Code is hereby amended to read as follows: 2.04.010 Time and r)lace. The regular meetings of the city council shall be held at seven p.m. in the council chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, on such days as are set annually by rasolutio~t of the city council. Workshop meetings and closed sessions, as authorized by the Ralph M. Brown Act (Govemrnent Code Sections 54950 et seq.), may be held at five fifteen p.m. as part of any regular or special n-=cting of the council, provided the same appear on the agenda for such meeting. 2.04.020 Authority_ and _r)umose. These rules of procedure are adopted pursuant to a.uthority of the Constitution of the state and Section 19 of the Charter of the city for the purpose of promoting uniformity, clarity and efficiency in the dispatch of public business. 2.04.030 Parliamentary_ law. Except as provided in this chapter, the city Charter, or council policy, parliamentary law as set forth in Robert's Rules of Order, current edition, shall govern. A. There shall be prepared an agenda for each meeting of the city council which agenda shall be in accordance with the order of business. B. The preparation of the agenda and its distribution shall be as directed by the council. 2.04.050 Duties of presldina_ officer. The duties of the presiding officer shall be: A. To open the session at the time at which the body is to meet by taking the chair and calling the members to order, B. To annourx:e the business before the body in the order in which it is to be acted upon; C. To recognize the members entitled to the floor;, D. To state and put to vote all questions which are regularly moved or which necessarily adse in the course of the 13'oceedings, and to announce the result of the vote; E. To preserve order and decorum; F. To restrain the members and the public when engaged in debate within the rules of order and decorum; G. To deride all points of ord,, subject to appeal, unless when in doubt the presiding officer prefers to submit the question to the decision of the body;, H. To enforce all laws and regulations applicable to the council sessions; I. Generally to guide and direct the proceedings of the body, subject to the control and will 'of the body;, J. To carry out any other duties as specified in the city Charter. 2.04.060 Serqeant at arms. A. Them shall be a sergeant at arms, who shall be a uniformed member of the police department. B. The sergeant at arms shall be in attendance at all regular sessions, and shall, under the direction of the presiding officer, maintain order on the floor of the Council Chambers. 2.04.070 Order of business. A. At the time set f~ regular meeting of the city council, the members of the legislative body and the administrative staff shall take their regular stations in the council chambers, and the business of the council shall be taken up for consideration and disposition in the following order:. "2" "'-' 1. Invocation; 2. Pledge of Allegiance; 3. Roll call; 4. Closed session action; $. Presentations; $. Public statements; 7. Appointments; 8. Consent calendar;, g. Hearings; 10. Reports; 11. Deferred business; 12. New business; 13. Council statements; t4. Adjournment. B. Changes in the order of business at the noticed meeting can be accomplished by a two-thirds affirmative vote of the council. 2.04.080 Consent calendar. A. The consent calendar is comprised of one or more items of routine nature which may be approved at one time by affirmative roll call vote. B. Any coundlmember may remove any item or items from the consent calendar to be voted upon separately from all other items on said consent calendar. C, Any councilmember may declare a conflict of Interest, Indicate the cause of the conflict and request the city clerk to record their abstention from the vote on any item or items on the consent calendar. That councilmember's vote on the consent calendar shall be recorded only for those Items for which that councilmember did not declare a conflict* and the City Clerk shall record the abstention for the remaining Issues. D. .The minutes of the previous council meeting, which shall be action-style minutes, may be approved as part of the consent calendar. Meetings shall also be recorded on audio tape, which shall be preserved by the city clerk in perpetuity. Section 2.04.090 of the Bakersfield Municipal Code regarding correspondence to the City Council is hereby repealed and deleted. -3- 2.04.100 public Statements A. Any person may address the council on any item of Interest to the public, that is within the subject matter jurisdiction of the city council during the Public Statement portion of the meeUng, provided however, persons wishing to address the council regarding a matter set for public hearing at that meeUng shall make their comments during the public hearing on that matter. Persons desiring to speak during the Public Statement portion of the meeUng or on any matter on the agenda not set for public hearing shall fill out and return to the city clerk, the speaker's card provided by the city clerk and shall list their name and the topic they wish to address. Comments by the public during the Public Statements portion of the agenda are limited to three (3) minutes for each person. B, No person shall address the council until recognized by the mayor or presiding officer. Councilmembers who wish to allow a member of the audience to speak at Umes other than the public statements portion of the agenda or after a public hearing has been closed may do so with the permission of the presiding officer. Persons desiring to comment on a matter on the agenda not set for public hearing may speak during the public statements portion of the agenda or with the permission of the presiding officer speak at the Ume that matter is called on the agenda. C. Any person addressing the council making slanderous or defamatory remarks may forthwith be barred by the presidlng officer from speaking further before the council during that meeting. D. Persons given pen'nission to address the coundl shall advance to the rostrum, state their name, whom they are representing if they represent other persons, the subject matter they wish to discuss. Unless otherwise determined by the council, the presiding officer shall determine whether the subject matter is within the subject matter jurisdiction of the city council and the time allowed for presentation. E. Ni remarks shall be addr~ to the council as a body and not to any member thereof. No question shall be asked a councilmember of a member of the administration or legal staff, except through the presiding officer. 2.04.110 Hearinqs. A. Hearings. Scheduled hearings on zoning matters, annexations, public improvement districts, appeals, and other hearings are to be conducted in the following ordec. 1. Presentation by opponents, limited to fifteen minutes; provided, however, additional time may be granted by the presiding officer;, -4- 2. Presentation by proponents, with the time limits specified in subdivision 1 of this subsection, and such equivalent additional time as may have been. granted to opponents; 3. Where a headng is the result of an appeal, the order of presentation shall be reversed and the appellant shall proceed first; the time limits provisions of subdivision 1 of this subsection shall apply;, 4. Summation by both sides limited to fi~e minutes each; provided, however, both sides may be granted additional time by the presidlng officer;, The public hearing Is closed by the presiding officer;, Council discussion and council decision; 7. Whenever a scheduled hearing or headngs have not c~3'4~nenced prior to ten p.m., the council shall decide whether to continue such matter(s) to the next regular meeting of the council or to proceed that evening with such matter(s); provided, however, no hearing shall be commenced after eleven p.m. As to any hearing not commenced prior to eleven p.m., the presiding officer shall open such hearing and continue the matter to the next regular meeting of the coundl. Each hearing so continued shall be placed on the agenda for such next regular meeting above any other hearing scheduled for such meeting. B. Si:x:~~ for Group of Persons. In ada' to expedite matters and avoid repetitious presentations, whenever any group of persons wishes to address the council on the same subject matter, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the council, and in the event additional matters are to be presented at the time by any other member having like views as the group, to limit the number of such persons addressing the council and limit the time for each person. 2.04.120 Rules of debate. A. Presiding 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 as a councilmember by reason of their acting as the presiding officer. B. Getting the Floor -- Improper References To Be Avoided. Every member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall discuss only the question under debate, avoiding all personalities and indecorous language. -5- C. Interruptions. A member, once recognized, shall not be interru~,,._ when speaking unless called to order, or as other,vise provided in this section. If a member, while speaking, is called to order, said member shall cease speaking until the question of order is determined, and, if in order, shall be permitted to proceed. O. Privilege of Closing Debate. The coundlrnember moving ~ adoption of an ordinance or resolution shall have the privilege of closing the debate. E. Remarks of Mayor. The mayor may express views on any subject for consideration by the council and may file any written recommendations with the clerk. 2.04.130 Any member may state the reason for dissent from or protest against any action of the coundl. 2.04.14~ persons authorized to be within rail. No person, except city officials, their representatives, and representatives of news gathering agencies, shall be permitted within the rail in front of the Council Chamber without the express consent of the presiding officer. _ 2.04.150 Ordinances. resolutions, motions and contracts. A. Preparation of Ordinances. All ordinances shall be prepared by the city attorney. No ordinance shall be prepared for presentation to the council unless ordered by a majority vote of the council, or requested in writing by any member of the council, the presiding officer or the city manager, or prepared by the dty attorney on her or his own initiative. B. Prior Approval By Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the council, have been approved as to form and legality by the city attorney or authorized representative, and shall have been examined and 'approved for the administration by the city manager or authorized representative, where there are substantive matters of administration involved. C. Introduction F(x Passage or Approval. Ordinances, resolutions, and other matters or subjects requiring action by the council must be introduced and sponsored by a member of the council, except that the mayor, city manager, or city attorney may present ordinances, resolutions, and other matters or subjects to the council, and any councilmember may assume sponsorship thereof by moving that such ordinances, resolutions, matters or subjects be adopted; otherwise they shall not be considered. D. All ordinances, except emergency ordinances as set forth in Sections 23 and 24 of the Charter, shall be placed on a city council agenda as "New Business" or "Public Hearings" for first reading at least one week prior to adoption, o6- ".. and shall not require reading nor other action, and such listing on the agenda alone shall be deemed to constitute first reading. Minor alterations, but not changes In ' substance, may be made by council action or staff recommendation between said Initial publication and adoption. 2.tM. 160 Reserved. 2.04.170 A motion to ad'joum shall always be in o~der and decided without debate. SECTION This Ordinance shall be posted in acc~dance with the. Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. -7-