HomeMy WebLinkAboutORD NO 3735ORDINANCE NO. 3 ~ ~ 5
AN ORD'INANCE AMENDING CHAPTER 2.04
OF THE BAKE,RSiFI:ELD MUNICIPAL CODE
RELATliNG 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 place.
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 resolution 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 purpose.
These rules of procedure are adopted pursuant to authority 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.
2.04.040 Agenda.
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.
by the council.
The preparation of the agenda and its distribution shall be as directed
oRiGINAL
2.04.050 Duties of presiding 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;
To announce the business before the body in the order in which it is
to be acted upon;
C.
D.
To recognize the members entitled to the floor;
To state and put to vote all questions which are regularly moved or
which necessarily arise in the course of the proceedings, 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 decide 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. There 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:
ORIGINAl.
1. Invocation;
2. Pledge of Allegiance;
3. Roll call;
4. Closed session action;
Presentations;
6. Public statements;
7. Appointments;
8. Consent calendar;
9. 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 five affirmative votes 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.
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 jqrisdiction of the city council during the Public
Statement portion of the meeting, provided however, persons wishing to address the
council regarding a matter set for public hearing at that meeting shall make their comments
ORIGIN,~L
during the public hearing on that matter. Persons desiring to speak during the Public
Statement portion of the meeting or on any matter on tt~e 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. Commen~s by the public during the
Public Statements portion of the agenda are limited to three (3)minutes for each person,
with a total of fifteen minutes in favor of any one subject and a total of fifteen minutes in
opposition of any one subject.
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 during 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 council 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 addressed 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 Hearings.
A. Hearings. Scheduled hearings on zoning matters, annexations, public
improvement districts, appeals, and other hearings are to be conducted in the following
order:
1. Presentation by opponents, limited to fifteen minutes; provided,
however, additional time may be granted by the presiding officer;
2. Presentation by proponents, with the time limits specified in
subdivision 1 of this subsecti0n, and such equivalent additional time as may have been
granted to opponents;
3. Where a hearing 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;
ORIGINAL
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;
6. Council discussion and council decision;
7. Whenever a scheduled hearing or hearings have not commenced 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 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. Spokesperson 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 re. quest
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 havinglike 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.
C. Interruptions. A member, once recognized, shall not be interrupted
when speaking unless called to order, or as otherwise 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.
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ORIGINAL
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 Members may file protests against council action.
Any member may state the reason for dissent from or protest against any
action of the council.
2.04.140 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 fron. t 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 city 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 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 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 for first reading at least
one week prior to adoption, 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.
2.04.160 Reserved.
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ORiGiNAL
2.04.170 Adjournment.
A motion to adjourn shall always be in order and decided without debate.
SECTION 2.
This Ordinance shall be posted in accordance with the Bakersfield Municipal Code
and shall become effective thirty (30) days from and after the date of its passage.
.......... 000 ..........
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on ~)V 2 O 19~
by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSO, N,iSMITH, McDERMOTT, ROWI.E$, SULUVAN, SALVAGGIO
NOES: COUNCILMEMBER /~,O~Y'~ ~
cting CITY CLERK and"~.x ~fficio (~,lerk o~f {he
Council of the City of B~kersfield '
APPROVED: N§V 2 0 1996
OND: ~'~ ~ ~ ' ~'
VICE-~¥O'R 'of the
City of Bakersfield
APPROVED AS lO FORM:
JUDY K. SKOUSEN
CITYATTORNEY
ASSISTANT CITYATTORNEY
LCM/bsb/meg
S:~COUNCIL\ORD~COUNCIL5.MTG Draft ~6
November 14, 1996
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OI-~IGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified Acting City Clerk of the City of Bakersfield; and
that on the 21 st day of November, 1996 she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3735, passed by the Bakersfield City Council at a
meeting held on the 20th day of November, 1996, and entitled:
AN ORDINANCE AMENDING CHAPTER 2.04 OF TIq~
BAKERSFIELD MUNICIPAL CODE RELATING TO COUNCIL
MEETINGS
/s/ PAMELA A. McCARTHY
Acting City Clerk of the City of B'akersfield
By: ~/~0~ AZ-?~.: ~~~.~.
'DEPUTY City Cl~rl~.'~'