HomeMy WebLinkAbout11/14/1996 BAKERSFIELD
Randy Rowles, Chair
Irma Carson
Jacquie Sullivan
Staff: Trudy Slater
NOTICE OF A SPECIAL MEETING
LEGISLATIVE AND LITIGATION COMMITTEE
Thursday, November 14, 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 7, 1996 Tru~dministrative Analyst
TS:jp
BAKERSFIELD
Alar("Cand~y, ~~nager Randy Rowles, Chair
Staff: Trudy Sl,,~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 Corfimittee
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
FROM: Judy K. Skou~en, City Attorney CITY ATI'ORNg¥
DATE: October 11, 1996 crrY
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
( * fred 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 heating had been closed. Another referral requested a clarification regarding exactly what constituted "first
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. Ifyou have any questions I will be happy to answer them.
JKS\bsb~neg
A )tachment
Oct~cr 11. 1996. ll:lgam '
ADMLNISTRATIVE REPORT Page 2
FOLLOWING IS A LIST OF THE CHANGES PROPOSED TO BE MADE TO CHAPTER 2.04:
'-.o4.010 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
Z04.030: 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 lin 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 statemer~ts 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
..rice of the Council. However, another option available would be to allow the City Manager to establish the order
~fthe 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 decide 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 meeting 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.
Octo~r 11. 1996. ll:19zm
: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 Council. 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 currem 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 heatings 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 clarify 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~:d~er I1, 1996. ll:19am
ORDINANCE NO.
AN ORDINANCE AMENOING 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 olace.
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 resoluticm of the city council. Workshop meetings and closed
sessions, as authorized by the Ralph M. Brown Act (Government Code Sections
54950 et seq.), may be held at five fifteen p.m. as part of any regular or special
meeting of the council, provided the same appear on the agenda for such meeting.
2.04.020 Authority and pur0ose.
These rules of procedure are adopted pursuant to a.u~hority of the
Constitution of the state and Section 19 of the Charter of the city for [he 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 agerx:ia and its distribution shall be as directed
by the council.
2.04.050 Duties of _oresidin_o officer. ("-"
The duties of the ~esiding 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~ 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 i~'oceedings, and to announce the result of the
vote;
E. To 13'eserve 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 order, 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 Sergeant 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 for 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;
$. Presentatione;
$. Public statements;
7. Appointments;
8. Consent calendar;,
$. Hearings;
10. Reports;
11. Deferred business;
12. New business;
13. Council statements;
14. Adjournment.
B. Changes in the order of business at the noticed meeting can be
accomplished by a two-~irds 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 councilmember 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 meeting, provided however, pemons wishing to
address the council regarding a matter set for public hearing at that meeting shall
make their comments during the public hearing on that matter. Persons desidng to
speak during the Public Statement portion of the meeting or on any matter on the
agenda not set for public hearing shall fill out and retum 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 porlJon 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 times 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 dudng the public statements portion of the agenda or
with the permission of the presiding officer speak at the time that matter is called
on the agenda.
C. Any person, addressing the council making slanderous or
defamatory remarks may forthwith be barred by the presiding officer from speaking
further before the council during that meeting.
D. Persons given permission 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. All remarks shall be add~ to the coundl as a body and not to any
member thereof. No question shall be asked a councilrnembe~ of a member of the
administration or legal staff, except through the presiding officer.
2.04.110 ~.
A. Hearings. Scheduled hearings on zoning matters, annexations, public
improvement districts, appeals, and other hearings are to be conducted in the following
orden
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 five minutes each; provided,
however, both sides may be granted additional time by the presiding officer;,
5. The public hearing is closed by the presiding officer;,
Council discussion and council decision;
7. Whenever a scheduled hearing or hearings have not coTa~m<~d 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 presidlng officer shall open such hearing and continue the matter to
the next regular meeting of the council. Each hearing so continued shall be placed on the
~ .... agenda for such next regular meeting above any other hearing scheduled for such
~ meeting.
B. Spok~ for Group of Persons. In order 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 depdved 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~se 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.
D. Privilege of Closing Debate. The councilmember moving the 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 council.
Persons authorized to be within rail,
2.04.140 _
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
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. NI 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 For 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 subiects 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.
nances except emergency ordinances as set forth in
D. All ordi , . " w
· ns 23 and 24 of the Charter, shall be placed on a c,ty council agenda as Ne
Secfio _ ,, ....... -,---,,.-- ~:--. ,.~adinn at least one week prior to adoption,
E~usines~" or I-'UOllC r~eanng~ ~.,;. ,-,
-6-
and shall not require reading nor other action, and such listing on the agenda alone
shall be deemed to constitute flint reading. Minor alterations, but not changes in
substance, may be made by council action or staff recommendation between said
Initial publication and adoption.
2.04.170
A motion to ad'Rum shall always be in order and decided without debate.
SECTION 2.
This Ordinance shall be posted in accorda~ with the Bakersfield Municipal Code
and shall become effective thirty (30) days from and after the date of its passage.
-7-