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HomeMy WebLinkAboutORD 83> ::. ,, •yam y/� AN ORDINANCE OF "N C iTY OP PAIX DL►SCRT, CALZI'ONUA, CSTAALISIIING PROCP.MN POR "af CO MUCT Or mEli U303 9 SECTION I The City Council of the City of Palm Covert$ California, hereby finds and declares that by reason of the increased intensity and complexity of City business, a need to adopt procedural rules for the conduct of public business is necessary. The City Council further finds and declares that increased concentrated judicial atLention to the Due Process Clauses of both the California and rederal Constitution regarding public hearings and the rights of individuals to be heard, require more detailed rules and regulations, insuring the protection of said rights. The City Council further finds and declares that it is imperative that any person having business before the City Council have a reasonable opportunity to be heard and their matter acted upon. SECTION Ts REGULAR MEETINGS The City Council shall hold regular meetings on the date, second and fourth Thursday, at the location and time as slay from time to time set forth by the Council by resolution. if by reason of fire, flood, or other emergency, it shall be unsafe to most in the regular meeting place, the meetings may be held for the duration of the emergency at such other place as is designated by the City Council. When the day for any regular meetings falls on a holiday, Christmas Eve or now Year's Eve, such meetings shall be held at the same hour and place on the next succeeding day not a holiday, or such other tiws as designated by the City Council. �. SECTION Zt SPECIAL MEETINGS Special meetings may be called at any time by the mayor or majority of Counoilpersons by delivering personally or by wail written notice to each Council person and to each person at entity having filed written request for notice of meetings. Such notice must be delivered personally or by mail at laast twenty-four (21) hours before the time of such meeting, as speciflod•in the notice. The call and notice 0 M �ru shall Opacity tin tiff me PIECE, of the "alai meting and the business to be transacted. No other business shall be eonsiderad at such meetings. Such written notice may be die- penead with as to any Council person who at or prior to the time the meeting convenas files with the City Clark a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any Council - person who is actually present at the meeting at the time it convenes. SECTION 41 STUDY SESSIONS a The Council may, from time to time, meet in study sessions, open to the public, at a time and place designated by the Mayor. Nature of such sessions will be given at the prior City Council meeting, or by the City Clerk to the local news media, at least twenty-four (24) hours in advance of such sleeting. The purpose of such a meeting shall be for hearing reports from the staff and reviewing, discussing and debating matters of interest to the City. No official action shall be taken at a study session. The participation of the public in such session shall be subject to the discretion of the presiding officer. SECTION St MEETINGS TO BE PUBLIC - EXCEPTIONS All regular and special meetings of the City Council shall be open to the public] provided, however, the City Council may hold executive sessions during a reullar or special meeting, from which the public and any person or entity having filed written request for notice of meetings may be excluded for the purpose of considering the matters, as authorised by Title S, Division 2, Part 1,'Chapter !, sections 54950 through and including 54991 of the Oovernment Code of the state of California. no masher of the City Council, employee of the City, or any other person present during an executive session of the City Council shall disclose to any person the content or substance of any discussion which took place during said rage 2. sessetive softies unless the City Council shall tuthoriso the disclosure of such intormation by majority vote. BfeCHOW d: COUlfCIL ALMA is order to facilitate the orderly conduct of the business of the City Council, the City Clerk shall be notified so•iater than 12:00 noon, Wednesday, eight (a)•days preceding a regular Council meeting, of all reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the City Council at such meeting. All matters shall be in proper form for City Council acts i at the time they are submitted to the City Clerk. Immediately thereafter, the City Clerk shall arrange a list of such matters according to the order of business and furnish each number of the City Council, the City Manager and City Attorney, and each department head, with a copy of the same prior to the Council meeting and as far in advance of the meeting as time ' for preparation will permit. No matters other than those on the agenda shall be finally acted upon by the City Council unless a member of the Council, City Manager, or City Attorney so requests. SECTION T: CONSENT CALENDAR Items which have been reviewed by the City Council and its staff and have been made available to the public may be grouped together and listed under the Consent Calendar. Actions recommended by the staff shall be in sutimary form and be a part of that item. Adoption of the Consent Calendar may be made by one motion only by the City Council; provided, however, that the presiding officer should first advise the audience that the Consent Calendar matters will be adopted is total by one action of the City Council unless any Council member or any individual or organi- sation interested in one or more Consent Calendar items wisbes to be beard. In that event, the presiding officer may defer motion on the particular matter or matters and :•'4 IS platy than as the regular agenda for consideration in any girder be down appropriate. BECTION 8: CORRESPONDENCE • AYAILADMITY TO PUBLIC Correspondents addressed to the City Council which is received by the City Clark or any other officer or employee of the City shall not be a matter of public record until received by the City Council. Correspondence received In the City Clerk'n office or other offices after 12 Noon !Wednesday, 8 days preceding a regular Council meeting, shall not be placed on the agenda unless it concerns a matt—, to be considered by the City Council at the next regular meeting, or is determined by the Mayor or the City Manager to be an urgent matter which should be brought to the immediate atten- tion of the City Council. Correspondence shall not be read aloud at a City Council meeting unless requested by a majority vote of said Council. SECTION 9: CORRESPONDENCE - AUTHORITY OF CITY !TANAGER The City Manager's office is authorized to open and examine all mail or other written communications addressed to the City Council except that correspondence marked "personal" or "confidential", and to give it warranted attention to the end that all administrative business referred to in said commnications and not requiring City Council action may be acted upon between Council meetings. SECTION 10: CONDUCT OF BUSINESS At an hour set by resolution on the day of each regular meeting, each member of the City Council, the City Yaaager, City Clerk, Deputy City Clerk, City Attorney and such department heads or others as have been requested to be present shall taken their regular itations is the council Chambers. The business of the City Council shall be conducted is substantially the order and in the meaner as herein provided and, so far as practicable, is accordance with parliamentary tales as laid down is Robert's Rules of Order (Revised); .ATE �•�� � , provided. however, that a failure to observe or enforce such rules shall in no wanner affect the regularity, validity, or legality of any action or proceedings taken by said Council, and the City Council in its discretion and in accordance with its right to govern its own proceedings, does hereby reserve the right to proceed at any times otherwise than as prescribed or indicated in said Robert's Rules of Order. 9HCTION 11t QUORUM Three (3) members of the City Council shall constitute a quorum► for the transaction of business. Notions may be passed by a majority if only three attend, but ordinances, resolutions granting franchises and payment of money require at least three (3) affirmative votes. Lass than a quorum may adjourn from time to time. Where there is no quorum, the Mayor, Vice -Mayor, or any member of the City Council shall adjourn such meeting, or if no member of said Council is present, the City Clerk shall adjourn the meeting. For the purpose of considering any item subject to vote of the City Council, when a member of said Council disqualifies himself due to conflict of interest, his presence shall not be consid- ered in determining the presence of a quorum. Consideration on such item shall be deferred until a quorum of noninterest Councilpersons is present to discuss and vote on them if the disqualification reduces those in attendance to less than a quornw. SWTION 12t ORDER OF SUBINEBS The business of the City Council shall be taken up for consideration and disposition in the following ordert she presiding officer, or a majority of the City Council, may charge the order of business at any time during the meetings however, business will be considered In the order shown above, unless modified as provided for in this section. SWTIOM 131 FRZSIDINO OFFICZR "is Mayor shall be the presiding officer at all seeetings of the City Council. In the absence of the Mayor, Y.%(.I^ K. the. riee-Mayor shall preside. In the absence of both the Mayor and Viee-Mayor, the City Clerk shall call the Council to order• whereupon a temporary presiding officer shall be elected by the Counoilpersons present to serve until the arrival of the Mayor or Vice -Mayor, or until adjournment. a14 t PRESIDING OFFICER - POWERS i DUTIES the presiding officer shall assume his place and duties Lweadiately following his election. He shall preserve order at all meetings, have the power to rea-.5nably limit the time of any citizen speaking from the floor; rtate questions coming before the City Council, announce decisions on all subjects and decide all questions of ordert subject, however, to majority vote of said Council determining questions of order. He shall vote on all motions. The Mayor shall sign all ordinances and other documents adopted and approved for his signature. by the City Council at %estings at which he is in attendance. In the event of his absence, the Vice -Mayor or Mayor pro tempore shall sign such documents as have been adopted and gpproved for their signature by said Council. In the absence of the Mayor and Vice -Mayor, the Mayor pro tesipore shall sign such documents as have been adopted and approved for his signature during the meeting at which he presided. $ACTION 15 t GAINING THE PT=R Every Council person desiring to speak shall first address the Chair, gain recognition by the presiding officer, and shall confine discussion to the question under debate, avoiding reference to character and indecorous language. SUCTION 161 QUESTIONS TO THE STAFF Every Council person desiring to question the City staff shall, after recognition by the presiding officer, address his questions to the City Manager or City Attorney, wW shall be entitled either to answer the inquiry himself at to designate a member of his staff for that purpose, Page 6. 8 MM 11 t !MTltltRMIOW A Council person once recognised shall not be inter- rupted when speaking unless called to order by the prsiding officer, or unless a point of ardor or personal privilege is raised by an --that Council person, or unless the speaker chooses to Yield to a question by another Council person. I! a Councilperson, while speaking, is called to order, he shall cease speaking until the question of order is determined and, if determined to be in order, he may proceed. Members of the City staff, after recognition by the t•rosiding officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the presiding officer. SECTION 181 POINTS OF ORDER The presiding officer shall determine all points of order subject to the right of any Councilperson to request full City Council ruling, and the question shall be, "Shall the decision of the presiding officer be sustained?" A major- ity vote shall conclusively determine such question of order. SECTION 193 POINT OF PERSONAL PRIVILEGE The right of a Councilperson to address the City Council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are questioned or where the welfare of said Council is concerned. A Councilperson raising a point of personal privilege may interrupt another Councilperson who has the floor only if the presiding officer recognises the privilege. SECTION 201 PRIVILEGE OF CLOSING DEBATE The Councilperson moving the adoption of an ordinance, resolution, or motion shall have the privilege of closing debate, subject to a City Council majority ruling that debate showlQ continue. SECTION 211 RSMARX2 07 COUNCILPERaON AND synopsis OF DZMTs A Councilperson May request through the presiding officer the privilege of having an abstract of his statement an any subject under consideration by the City Council entered Yaq- 7. in the Mautes. If said Council consents thereto, such statement shall be entered in the minutes. $=?I Ali 221 PROTEST AGAINST COUNCIL ACTION Any Councilperson shall have the right to have the reasons for his dissent from or his protest against any action of the City Council entered in the minutes. Such dissent or protest to be entered in the minutes shall be Made In substantially the following mannerr •1 would like the minutes to show that I an opposed to this action for the following reasonas . . .• SECTION 23s FAILURE TO OBSERVE RULES OF ORDER Rules adopted to expedite the transaction of the business of the City Council in an orderly fashion are deemed to be procedural only, and the failure to strictly observo such rules shall not affect the jurisdiction of said Council or invalidate any action taken at a meeting that is otherwise held in conformity with law. SECTION 24s PROPRIETY OF CONDUCT - CITY COUNCIL Members of the City Council must preserve order and decor ms and shall not by conversation or otherwise delay nor interrupt the proceedings of said Council in any way, nor disturb any other member of said Council while speaking, nor refuse to obey the orders of said Council or the pre- . siding officer, except as otherwise herein provided. SECTION 25s PROPRIETY OF CONDUCT - PROCEDURE Each person desiring to address the City Council shall approach the podium, state his name and address for the record, state the subject he wishes to discuss, state whose he Is representing if he represents an organisation or other pereons, and unless farther time is granted by majority vote of said Council, shall limit his remarks to five (5) minutes. All rems rks shall be addressed to the Council as a whole and not to any member thereof. No questions shall be asked of a Councilperson or member of the City staff without obtaining Page S . Permission of the presiding officer. Any person violating this motion while addressing the City Council shall be called to order by the presiding officer, and if such conduct con- tiawso may at the discretion of the presiding • officer be ordered barred from further audience, and if the conduct warrants, such person may be ordered removed from the Council Chambers. SECTION 26t ADDRESSING THE COUW71L SPOKESMAN FOR GROUP or PERSONS In order to expedite matters and to avoid repeti- tious presentations, whenever any group of persons wishes to address the City Council on the same subject matter, it shall be proper for the presiding officer to inquire whether or not the group has a spokesman and, if no, that he be heard with subsequent speakers in the group being limited to facts not already presented by the group spokesman. Any individual representing several other persons or group of persons should file with the City Clerk of said City written authorization from such persons to speak on their behalf. Preferably said written authorisation should be filed prior to the time of the nesting at which the individuals desire to speak, and said authorization should refer to the subject matter of the meeting. SECTION 27s ADDRESSING THE COUNCIL - MEMM3ERS OF THE AUDIENCE Any person in the audience who engages in disorderly conduct such as handclapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meet- ing, or who refuses to comply with the lawful orders of the presiding officer, shall be guilty of a nisdeneanor, and after; request from the presiding officer, the law enforcement officer present shall remove any such person from the Council Chamber and place him under arrest. page 9. l ..� • �.. !lJ6 r 44 •1 m20R a$ a !!1'IOIIC!!t0!!1'P Or ORDER Vhs Chief of folks or such member or members of !hs lolice Department as he may designate, shall attend each City CootL1 meeting as requested by the City Manager, and shall carry out all orders given by the presiding officer for the purpose of maintaining order at said Council meetings. Any Councilperson may nave to require the presiding officer to enforce the rules and the affirmative vote of a majority of the Council shall require him to do so. SECTION 291 VOTING PROCEDURES Any vote of the City Council, including a roll call vote, may be registered -by the members by answering •Yes' for an affirmative vote or "no* for a negative vote upon his name being called by the City Clerk, or by activat- ing any electronic voting equipment utilized by the City Council. The result of any vote registered by means of a lighting system shall be audibly announced by the City Clerk and recorded by the minutes as the vote. • SECTION 30s DISQUALIFICNTION FOR CONFLICT OF INTEREST Any Councilperson who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state, or have the presiding officer state, the nature of such disqualification in the open City Council meeting. inhere no clearly disqualifying conflict of interest appears, the mattar of disqualification may, at the requist of the Councilperson affected, be decided by the other Councilpersons. A Councilperson who is disqualified by reason of a conflict of interest in any matter may remain iu his seat during the debate and not vote on much matter, or may request and be given the permission of the presiding officer to step down from the Council table and leave the Cosmeil Chambers, A Councilperson stating such disqualifiea- tW shall not be counted as a part of a quorum and shall be eaisidered absent for the purpose of determining the outcome of any Mots on such matter. Page IA. S, 8Mt0N 31: FAILM TO TOMS Wery Councilperson should vote unless disqualified by reams of a conflict of interest. A Couneilperson who abstains from voting by so announcing acknowledges that a mjority of the quorum may decide the question voted upon. A Cosaeilperson who is silent or inattentive and fails to vote without stating his abstention or without being dis- qualified shall be deemed to have cast a "yes" vote. SECTION 32: TIS VOTE Tie votes shall be lost motions or "no actioc" and the matter voted upon may be subject to further City Council oonsideration. SECTION 33: CBANGINO VOTE A amber may change his vote only if he makes a timely request to do so immediately following the announce- ■ent of the vote by the City Clerk and prior to the time the next item in the order of business is taken up. A Council - person wua publicly announced that he is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his abstention. SECTION 34: RECONSIDERATION A notion to reconsider any action taken by the City Council may be made only at the meeting such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion may be made only by one of the Council persons who voted with the prevailing side. Nothing herein shall be construed to prevent any Council person from making or remarking the sane or any other motion at a subsequent meeting of the Council. SECTION 35: ORDINANCES, RESOLUTIONS A CONTRACTS All ordinances, resolutions and contracts shall either be prepared or approved by the City Attorney. No ordinance shall be prepared for presentation to the City Council unless ordered by the whole Council, the City Manager, or prepared by the City Attorney on his own initiative. All Parr 11. on ftertm t heads shall routs repents for ordinances through the City Managera IWTZ011 Set PRIOR APPROVAL By ADMINISTRATIVE STAPIP All ordinances, resolutions and contract documents shallt before presentation to the City Council, have been approved as to loss and compliance with all applicable laws by the City Attorney, and shall have been examined and approved for convenience of administrative application by the City Manager or his authorised representative. SECTION 371 READING OF ORDINANCES i RESOLUTIONS , At the time of adoption of an ordinance or resolution, the same shall be read in full unless after the reading, or having read the title further reading thereof is waived by 4/5ths consent of the Councilpersons present. Such consent may be expressed by a statement by the presiding officer that •If there is no objection, the further reading of the ordin- ance or resolution shall be waived". SECTION 38t PUBLIC HEARINGS - WHEN HELD Wherever by law the City Council is required to hold a public hearing on any matter before it, such hearing will be held in accordance with the rules and procedures set forth in this ordinance. Nothing herein shall prohibit or limit the City Council from holding a public hearing on any scatter before it, whether required by law or not, and no- thing shall prevent the City Council from hearing members of the public if a majority of said Council so determines In their discretion. OWTION 391 PUBLIC BEARINGS - OPENING After the Mayor has announced that the time has arrived for a public hearing on any scheduled agenda item suet for public hearing, the Mayor shall announce that it is the time and place for said public hearing, and shall ascer- tain whether or not anyone wishes to be heard on the agenda Page 12. • it" swear e:onsidaratior. If there are persons present wish - I" to be heardt the presiding officer shall request that these in opposition to the scatter under consideration be heard first, and said persons shall be given an opportunity to address the City Council in accordance with the provisions of Section _ through add including Section _. of this ordinance. SECTION 401 PUBLIC MRINCS - EVIDENCE RECEIVED During the public hearing, the City Council shall receive oral or written evidence relevant to the matter being considered, and the presiding officer or any member of said Council through the presiding officer may require the City Clark to swear any person giving evidence at the time of the hearing on the matter under consideration, if in the opinion of the presiding officer or any member of the City Council the oath is necessary. Evidence received at public hearinq provided for in this ordinance shall be relevant and material to the issues before said Councils provided, however, that the rules of evidence as established by the Evidence Code of the State of California shall be substantially relaxed in order to afford a full presentation Cf the facts essential for judicious consideration by the City Council of the matter which is the subject of the public hearing. The City Council say order the City Clark to issue, and the Chief of Police or his representative to serve, subpoenas for any witnesses or records necessary for the production of evidence at any duly scheduled public hearing,, as provided for herein. SECTION Its PUBLIC HEARINGS - CMIMATION At any ties that it appears to the presiding officer or a majority of the City Council through the presiding officer that inadequate evidence has been presented to afford judi- ei~ oonsideration of am matter before said Council at the time of a public hearing, a continuation of said hearing war be ordered to afford the applicant, his opponents, or the City staff adequate time to assemble additional evidence raga ) i. Ear the City Coancil•s +eonsideration. Any continuation ordsred by the City Council through its presiding officer shall be to a date certain, which date shall be publicly anaoanoed in the Council Chamber and shall oontstitute notice to the applicant and his opponent of the time and place that Further evidence will be taken. A public hearing may be con- tinued in the event the matter is to be returned to the Planning Commission for further consideration. In this event, the presiding officer shall publicly state in open Council meeting the fact that the matter has been returned to the Planning Commission for consideration and that the Council hearing will be continued to a date certain. The public announcements provided for herein shall constitute notice to the applicant and his opponents of the time and place when further evidence will be taken by the City Council. SECCTION 42% PUBLIC HEARINGS - CLOSING When neither the applicant, his opponents, or the City staff have further evidence to produce or when, in the opinion of the presiding officer or the majority of the City Council through the presiding officer, sufficient evidence has been presented, the presiding officer shall order the public hearing closed, at which time no further evidence, either oral or written, will be accepted by the City Councils provided, however, that this rule may be relaxed by the pre- siding officer or the majority of the City Council through the presiding officer where it appears that good cause exists to bear further evidence concerning the natter which is the subject of the public bearing. MWTION 431 PUBLIC KMZNGa - RDOPENINC A public hearing on any matter once closed cannot be veng sod on the date set for hearing. Nothing herein, howves, is intended to prevent or prohibit the reopening of a public hearing at any subsequent regular or special meeting of the City Council. No public bearing may be re - Page 14. M epaeed wiUmt dam and proper notice being given to the applieent and his opponents designating the time and place Oe said reopening. SICTIM 442 KINVTss The official minutes of the City Council will be kept by the City Clerk in a minute book with a record of each particular type of business transacted set off in paragraph form with proper subheads. The City Clark shall be required to make a record only of such business as wan actually passed aeon by the City Council and shall not be required to record any remarks of any members of the Council or of any other person except at the special request of a member of the Council. The City Clerk shall enter into the minutes the reasons for dissent from or protest against any action of the City Council if any member of the Council so requests. flames and addresses of persons addressing the Council, the title of the subject matter to which their remakrs are re- lated, and whether they spoke in support of or in opposition to such matter shall be entered in the minutes. SECTION 45t TAPE RECORDINGS The City Clerk will electronically record all City Council meetings as a stenographic aid, and will retain the recording tapes at least until the written minutes of the meeting are approved by said Council. The City Council may order full tapes or portions thereof retained for longer periods. On matters likely to result in litigation, tapes shall be retained for at least one year. SECTION 44t DISTRIBUTION OF MINUTES As soon as possible after each meeting, the City Clark shall furnish a copy of the minutes to each Council. - parson, the City Manager, City Attorney, each department Mad, and any other individuals designated by the City Clark or the City Manager. rage is. G: Y 811C M 411 RMZNG 0! NZNUTE9 "love the reading of the minutes of a city Council wseting to requested by a member of said Council, the minutes my be approved without reading if tho Clerk has previously f mished each member of the Council with a copy thereof. SECTION 42t The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the saose to be published once in The Post, a nowslar-r of general oircnlation, printed, published and circulated within the City of Pala Desert, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED this 14th day of August , 1975, by the City Council of Palm Desert, Cali- fornia, by the following votee AYES tIOTES t � — AWM I City prPx Desert, California ATTESTS Raw .. ;'Z erc City of Pala De ert, California Pale 1.4. Ij