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HomeMy WebLinkAboutOrdinance 019 1 ORDINANCE NO. 19 AN ORDINANCE OF THE CITY OF ATASCADERO ADDING TITLE 2 TO THE ATASCADERO MUNICIPAL CODE ENTITLED ADMINISTRATION, AND ADDING CHAPTER 1 THERETO RELATING TO COUNCIL PROCEDURE. THE COUNCIL OF THE CITY OF ATASCADERO ORDAINS as follows : Section 1. Chapter 1 of Title 2 is added to the Atascadero Municipal Code to read as follows : TITLE 2. ADMINISTRATION Chapter 1. Council Procedure Section 2-1 .01 . Meetings. The Council shall hold regular meetings in, the Rotunda Room, Fourth Floor, Administration Building, 6500 Palma Avenue, Atasca- dero, every second and fourth Monday evening at 7 :30 p.m. and on such other days , at such other times, as may be designated in an order for a special meeting. A special meeting may be ordered in accordance with the provisions of Section 54956 of the Government Code of the State. When the day for any regular meeting of the Council falls on a legal holiday, the meeting shall not be held on such holiday but shall be held at the same hour on the next succeeding day thereafter which is not a holiday, or at such other time as shall be determined and noticed by the Council. Section 2-1 .02 . Agenda. 1 n Requests for items to appear on the Council agenda shall be presented to the City Clerk no later than 5 :OO p.m. on the Tuesday hp. preceding the day of the Council meeting. The City Clerk shall �F prepare the agenda of all such matters and cause a copy of such agenda to be made available to each Councilmember, the City Manager, the City Attorney, and each Department Head by 5 :00 p.m. on the Thursday preceding the meeting. The agenda shall be avail- able to the public in the office of the City Clerk no later than 12 :00 noon on the Friday preceding the Council meeting. In the event that regular Council meetings are held on a day other than Monday because of holidays or other reasons , then the agenda schedule shall be adjusted accordingly. 1No matters other than those on the agenda shall be finally acted upon by the Council; provided, however, matters deemed to be emergencies or of an urgent nature by any Councilmember, or by the City Manager, with an explanation of the emergency or urgency stated in open Council meeting, with the consent of the Council, G:fr 9/19/79 -1- 1?/27/79 /21/80 2/16/80 ORDINANCE NO. 19 may be considered and acted upon by the Council following its consideration of the regular agenda items . Section 2-1.03. Consent calendar. The meeting agenda of the Council shall include a consent calendar which shall consist of routine items . The adoption or approval of all items on the consent calendar shall be accomplished by one motion passed on a roll call vote. (a) Confirming resolutions . Resolutions confirming the prior action of the Council (action taken at a prior meeting) may be placed on the consent calendar for adoption. The City Clerk shall record the Council vote on the resolution in accordance with ' the vote taken by the Council at the time the original action was taken at the meeting when the matter was considered, debated, and ivoted upon. ® (b) Removal of items from consent calendar. The motion to adopt a consent calendar shall not be debatable; provided, how- ever, if any Councilmember, or staff member, desires Council dis- cussion or debate on any item of the consent calendar, such item shall be removed from the calendar and thereafter discussed or debated. In such case, the Council shall consider the approval or adoption of the consent calendar, as amended, with the removal of such item. Section 2-1.04 . Conduct of business : Public meetings. All meetings of the Council shall be open to the public; provided, however, when held in conformity with the provisions of Section 54957 of the Government Code of the State, the public shall be excluded from executive sessions held during a Council meeting. At the hour set by law on the day of the scheduled 1 regular meeting, the Councilmembers, the City Manager, the City Attorney, the City Clerk, and such other personnel as have been requested to be present by the City Manager shall take their regular stations in the Council Chamber. Section 2-1.05 . Duties of the Mayor: Vice Mayor. lThe Mayor, or in his absence the Vice Mayor, shall be the presiding officer and shall assume his place and duties as such immediately following his election. He shall preserve strict ' order and decorum at all regular meetings of the Council, state questions coming before the Council, announce its decision on all subjects, and decide all questions of order, subject, however, to an appeal to the Council as a whole, in which event a majority vote shall govern and conclusively determine such question of order. He shall vote on all questions, and on roll call his name shall be called last. -2- 0 • ' ORDINANCE NO. 19 ' The Mayor shall sign all ordinances and resolutions adopted by the Council at meetings at which he is in attendance. In the event of his absence, the Vice Mayor shall sign such documents. ' In the absence of the Mayor and Vice Mayor, the Acting Mayor shall sign such documents . Section 2-1. 06 . Call to order: Presiding officer. The Mayor, or in his absence the Vice Mayor, shall take the chair at the hour appointed for the regular meeting and shall call the Council to order. In the absence of the Mayor and the Vice Mayor, the City Clerk or his assistant shall call the Council to order, whereupon an Acting Mayor shall be elected by the. Council- members present. Upon the arrival of the Mayor or Vice Mayor, the Acting Mayor shall relinquish the chair at the conclusion of the business then before the Council . Section 2-1. 07 . Roll call. Before proceeding with the business of the Council , the City Clerk or his assistant shall call the roll of the Councilmembers . I The roll shall be called randomly, except that the name of the Mayor shall be called last. The names of each Councilmember shall be called on each roll call whether they are present or absent, and shall be entered in the minutes . Following the roll call vote, the Mayor shall declare the result. Section 2-1 .08. Roll call vote. A roll call vote shall be taken upon the passage of all ordi- nances, resolutions, and orders for the payment of money and shall be entered in the minutes of the Council showing those Councilmem- bers voting aye, those voting no, and those not voting or absent. Upon the request of ' any Councilmember, a roll call vote shall be ' taken and recorded on any vote. The call of the roll shall not be interrupted. Any member of the Council may change his or her vote before the next order of business is taken up. Section 2-1.09 . Quorum. A majority of the Council shall constitute a quorum for the transaction of business. A majority of the Council is sufficient to do business, and motions may be passed two to one if only three attend, but ordinances, resolutions granting franchises, and the payment of money require at least three affirmative votes. When there is no quorum for a regular meeting, the _Mayor, Vice Mayor, or any Councilmember shall adjourn such meeting, or, if no Council- member is present, the City Clerk shall adjourn the meeting. Section 2-1.10 . Preparation f minutes . The minutes of the Council shall be kept by the City Clerk and shall be neatly produced and kept in a file for that purpose, -3- ' ORDINANCE NO. 19 with a record of each particular type of business transacted set off in paragraphs with proper subheads; provided, however, the City Clerk shall be required to make a record only of such busi- ness as was actually passed upon by a vote of the Council and shall not be required to record any remarks of Councilmembers or of any other person; and provided, further, the City Clerk shall attempt to record the names and addresses of persons addressing the Council, the title of the subject matter to which their remarks related, and whether they spoke in support of or in opposition to such matter. Whenever the Council acts in a quasi-judicial proceeding such as in certain zoning matters and assessment matters, the City Clerk shall compile a summary of the testimony of the witnesses . Section 2-1.11. Reading of the minutes . Unless the reading of the minutes of a regular meeting is requested by a Councilmember, such minutes may be approved without reading if the City Clerk has previously furnished each Council- member with a copy thereof. Section 2-1 .12. Rules of debate (a) Presiding officer may debate and 'vote The presid- ing officer may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all Councilmembers, and shall not be deprived of any of the rights and privileges of a Councilmember by reason of his acting as the presiding officer. ' (b) Getting the floor: Improper references. Every Councilmember desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine himself or her- ' self to the question under debate, avoiding all personalities and indecorous language. ' (c) Interruptions. A Councilmember once recognized shall not be interrupted when speaking unless it 'shall be to call him or her to order or as otherwise provided by this section. If a Council- member, while speaking, shall be called to order, he or she shall cease speaking until the question of order has been determined and, if in order, he or she shall be permitted to proceed. (d) Motions to reconsider. A motion to reconsider any action taken by the Councilata regular meeting may be made only on the day such action was taken or at the next succeeding adjourned ' or regular meeting. Such a motion shall be made by one of the prevailing side but may be seconded by any Councilmember and may be made at any time. It shall be debatable. Nothing in this sec- tion shall be construed to prevent any Councilmember from making or remaking the same or another motion at a subsequent meeting of the Council. -4- ORDINANCE NO. 19 Section 2-1.13 . Addressing the Council. Any person desiring to address the Council during a regular ' meeting shall first secure the permission of the presiding officer to do so. Taxpayers or residents of the City, or their authorized legal representatives, may address the Council by oral communications on any matter concerning the City 's business or on any matter over which the Council has control; provided, however, preference shall be given to those persons who have notified the City Clerk in ad- vance of their desire to speak in order that the same may appear on the agenda of the Council. Section 2-1.14 . Manner of addressing the Council : Time limit. (a) Manner: Time. Each person addressing the Council ' shall approach the Council table and step up to the public micro- phone, if available, give his , or her name and address in an audible tone of voice for the record, and, unless further time is granted by the presiding officer, shall limit his or her address to five (5) minutes . All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than a Coun- cilmember and the person having the floor, shall be permitted to enter into any discussion without the permission of the presiding officer. (b) Spokespersons for groups of persons . 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 of such 'group, to limit the number of persons so addressing the Council so as to avoid unnecessary repetitions before the Council. Section 2-1 .15 . Silence constitutesaffirmative vote. ' Unless a Councilmember states that he or she is not voting because of a conflict of interest, his or her silence shall be recorded as an affirmative vote. Section 2-1.16 . Decorum. (a) By Councilmembers. '.chile the Council is in regular meeting, the Councilmembers shall preserve order and decorum, and no Councilmember shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council, disturb any Councilmember while speaking, or refuse to obey the orders of the Council or the presiding officer, except as provided in this chapter. -5- ORDINANCE NO. 19 (b) By other persons. Any person making personal, im- pertinent, or slanderous remarks or who shall become boisterous while addressing the Council shall be forthwith, by the presiding officer, barred from further audience at such meeting before the Council, unless permission to continue shall be granted by a majority vote of the Council . Section 2-1.17 . Enforcement of decorum. The Police Chief shall be ex officio sergeant at arms of the Council. Personally, or through his deputies, he shall carry out all orders and instructions given him by the presiding officer for the purpose of maintaining order and decorum in the Council Chamber. Any person in the audience who uses loud, boisterous, or profane language at a Council meeting, or language tending to bring the . Council or any Councilmember into contempt, or any person who per- sistently interrupts the proceedings of the Council or refuses to keep quiet or take a seat when ordered to do so by the presiding officer shall be deemed guilty of a misdemeanor. Upon instructions of the presiding officer, it shall be the duty of any police officer present to eject any such person from the Council Chamber or place him or her under arrest, or both. Section 2-1.18 . Investigations and hearings The Council shall have the discretionary right to make inves- tigations and hold hearings with respect to all matters within its ' legislative power and all matters pertaining to the administration of the business of the City, and shall have the power of subpoena as provided in Sections 37104 through 37109 of the Government Code of the State. Section 2-1 .19.+ Recordation of Council proceedings: Notice required. No person shall use a tape recorder, stenotype, or other mechanical device to record_all or any part of the proceedings of the Council, whether sitting in regular or special session, with.- out first notifying the City Clerk of his or her intention to do so at least four (4) hours prior to the time fixed for the conven- ing of such meeting. In the event a person intending to so record Council proceedings fails to give such notice, the Council may prohibit the use by him or her of a tape recorder, stenotype, or other mechanical device to record such Council proceedings. Section 2 . The provisions of this ordinance are intended to I� supersede any provision of Ordinance Nd. 2 which is in conflict r therewith. -6- ORDINANCE NO. 19 Section 3. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the ' Atascadero News , a newspaper of general circulation, printed, pub- lished and circulated in this City in accordance with Section 36933 of the Government Code; shall certify the adoption and posting of this ordinance; and shall cause this ordinance and its certifica- tion, together with proof of posting, to be entered in the Book of Ordinances of this City. Section 4. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after passage. ' The foregoing ordinance was introduced adopted, and ordered published at a meeting of the Council held on April 14 1980, by the following vote: rAyes : Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins ' Noes : None Absent: None Ro ert J. Toil ns Jr. , P2a r ATTEST M ray" . Warden, City Clerk Approved as to fo m: Approved as to content: t ' Allen Grimes, City Attorney Mu ay L Warden, City Manager -7- r r r r CERTIFICATION I hereby certify that the foregoing is a full, true, and correct copy of Ordinance No. 19 passed by the Atascadero City Council at its regular Council meeting held on April 14, 1980 r ' MU YL WARDEN, City Clerk City o Atascadero, California 1 1 r 1 r r r 1 1