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HomeMy Public PortalAbout72-236 ORDINANCE NO. 72-236 AN ORDINANCE OF THE CITY OF CARSON RELATING TO THE CONDUCT OF CITY COUNCIL BUSINESS AND AMENDING THE CARSON MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF CARSON HEREBY ORDAINS AS FOLLOWS: Section 1. Present Sections 2403 and 2404 of the Carson Municipal Code are hereby repea e1 d and present Section 2405 is hereby renumbered as Section 2418. r Section 2. The Carson Municipal Code is hereby amended by adopting Sections 2403 tom, inclusive, to read as follows: 2403. Council Meetings. A. Regular Meetings. Regular meetings of the City Council shall be held on the first and third Mondays of each month at the hour of 7:30 P.M., or if any such day is on a holiday, then the meeting scheduled on such day shall be held on the next succeeding day which is not a holiday. At the second meeting in April of each year, except as otherwise provided by law, the Council shall organize and select mayor and mayor pro tempore. B. Special 'Meetings'. The Council shall hold special meetings when called by order of the Council. or of t e Mayor, or in the absence of the Mayor by the Mayor Pro Tempore, or by any three members of the Council . All meetings shall be in the Council Chambers or the adjacent Council Conference Room in the City Hall unless otherwise determined by the Council; any other place of meeting shall be shown in the notice of meeting. C. Executive Sessions. Executive sessions held pursuant to law shall be subject to the provisions of Sections 2407, 24 08, 2409, subsection A of Section 2413, Section 2414, and all other applicable provisions of this chapter. All appointments which may be made by the Council in executive session to the office of mayor, mayor pro tem, councilman or other city officer, and to the several commissions and boards of the City, including ratification of such appointments as may be made by the Mayor pursuant to this Code, shall be by written secret ballot. Upon the Council's return to the open meeting following the executive session, the presiding officer shall publicly announce the action taken in executive session terminating or disposing of the matter acted upon in accordance with the action and direction of the Council. D . Notice of Meeting. Notice of all special meetings shall be given by the City Clerk to all members of the Council, to the City Attorney, to the City Administrator and to representa- tives of all newspapers and radio stations which have so requested in writing, and a copy thereof shall be posted in the lobby of the City Hall. All such notices shall be given in writing at least twenty-four hours prior to the time of such meeting and shall specify the time and place of the special meeting and the business to be transacted. Any such notice may be waived, by a member of the City Council, by filing with the City Clerk a written waiver of notice. Such waiver may be given by telegram. Attendance at the time and place specified shall be deemed a waiver of notice of such meeting. 2404. Presenting 'Matters to Council. Every Councilman, elected official, department head, Official Board, Commission or other body connected with the City Government, and every citizen, individual, corporation, committee, or cific group having reports, communications, proclamations, resolutions or any other matter of business to be presented at Council meeting, shall notify the City Administrator of the fact in writing before 12:00 noon on the Wednesday next preceding the day of such meeting. The City Administrator shall prepare an agenda including all such matters according to the Order of Business (Section 2405) and deliver to members of the Council a complete copy of such agenda not later than 5.00 o'clock P.M. on the Thursday preceding the meeting or as soon as possible thereafter. The City Clerk shall make a copy of the said agenda available Ord. No. 72-236/Page 2 of 7 to the public in her office not later than 9:00 A.M. on the first business day preceding each Council meeting. Routine or administrative matters may be presented to the Council by the City Administrator or by the City Attorney and may by consent be added to the written agenda. No matters, other than those on the printed agenda, shall be finally acted upon by the Council; provided however, that matters deemed to be emergencies by any Councilman, the City Administrator or the City Attorney, with an explanation of the emergency stated in opening meeting, may be considered and acted upon following a four-fifths vote of the Council to place said matter on the agenda for action by the Council. Any proposed resolution, ordinance, motion or item of business shall be placed upon the written agenda prior to the deadline announced or observed for the preparation thereof at the request of the Council or any individual member thereof, the City Administrator, or the City Attorney; PROVIDED, that the Council may, by vote of four-fifths of its members, direct that a particular proposed resolution, ordinance, motion or item shall not be placed upon the written agenda of any meeting during a limited period. 2405. Order of Business. All meetings of the Council shall be open to the public except as otherwise provided by law. Promptly at the hour set on the day of each regular or special meeting, the members of the Council, and unless excused by the City Council, the City Administrator, the City Clerk, and City Attorney shall take their assigned stations in the Council Chambers and the business of the Council shall be taken up for consideration and disposition in the following order, except as may be otherwise ordered by the Mayor with the approval of the Council. 1 . Call to Order 2. Flag Salute 3. Invocation 4. Roll Call 5. Approval of Agenda 6. Approval of Minutes 7. Proclamations 8. Presentations 9. Written Petitions and Communications 10. Special Orders of the Day 11. Unfinished Business 12. New Business 13. Resolutions and Ordinances 14. Demands 15. Oral Communications a. Audience b. Councilmen c. Staff 16. Adjournment Proclamations and resolutions to recognize events or activities of community wide interest will be introduced under the agenda heading of Proclamations. Proclamations may be added to the written agenda by the Mayor or by members of the City Council . Recognition by the Council through awards, certificates or verbal commendation of activities or programs of community groups or individuals will be made under the agenda heading of Presentations. Oral Communications will be the means whereby individuals or groups may present questions to the Council or present a matter that has not been made a part of the formal agenda. Oral communications from the audience will be followed by oral communications from the Council, then by members of the staff. No action will be taken by the Council on Oral Communications except as provided by Section 2404. Ord.No. 72-236/page 3of 7 2406. PresHing Officer. The Mayor, or in his absence, the Mayor Pro Tempore, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor and the Mayor Pro Tempore, the City Clerk or Deputy City Clerk shall call the Council to order, whereupon a temporary chairman shall be selected by the members of the Council present. Upon the arrival of the Mayor or Mayor Pro Tempore, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. 2407. Duties of Presiding Officer. The Presiding Officer shall open all regular and special meetings of the Council by flaking the chair and calling the members to order. He shall state each question before the Council in the order in which it is to be acted upon, recognize members entitled to the floor, state and put to vote all questions which are regularly moved or which arise in the course of the proceedings and announce the decision of the Council on all subjects. He shall decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. The Presiding Officer shall authenticate, by his signature, when necessary, all the acts, orders, and proceedings of the Council. 2408. Quorum. A majority of all the members elected to the Council shall constitute a quorum at any regular or special meeting of the Council. When there is no quorum, the Mayor Pro Tempore or any member of the Council shall adjourn such meeting, or if no member of the Council is present, the City Clerk shall adjourn the meeting. 2409. Rules of Debate and Procedure. (a) The Presiding Officer 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 of a Councilman by reason of his acting as the Presiding Officer. (b) Getting the Floor. Every member desiring to speak shall address the Chair, and, upon recognition byte Presiding Officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. (c) Interruptions. A member, once recognized, shall not be interrupted when speaking, unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permilted to proceed. (d) Closing Debate. Debate shall be closed by a motion calling for the 'previous question.' When seconded, such motion,is undebatable and if carried the pending question shall be immediately put to a vote. If the motion fails, debate may be reopened. (e) Motion. A motion shall have a second before it is properly before the City Council for demote. (f) Motion to Reconsider. A motion to reconsider any action taken by the Council may be made on the day the vote to be reconsidered was taken or at the next succeeding meeting or at a recessed or adjourned meeting thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member; it may be made at any time and have precedence over all other motions; it shall be debatable. After a motion for a recon- sideration has once been acted on, no other motion for a reconsideration thereof shall be made without unanimous consent of the Council. (g) Motions to be Stated by Presiding Officer. When a motion is made, it shal l be staffed by the Presiding O ficer a ore debate.- Any member may demand that it be put in writing. Ord.No. 72-236/Page 4 of 7 (h) Withdrawal of Motion. A motion may be withdrawn by the mover with the consent of the Council. (i) Amendments. It shall be in order to amend a motion at any time that is is properly before the Counci ut not after a call for the previous question has been moved. A motion to amend an amendment is in order, but one to amend an amendment town amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment on a different matter shall not be in order. A substitute motion on the same subject is acceptable provided that a substitute motion which merely states the converse of the main motion shall not be in order. There shall be only one amendment to a main motion pending at any time. This first degree amendment may have one amendment pending at one time. As each is voted, other amendments may be offered in succession. On a motion to amend to 'strikeout and insert, ' before the vote on the motion is taken, the paragraph to be amended shall first be read as it stands, then the words proposed to be stricken and those to be substituted shall be read, and finally the paragraph as it would stand if so amended shall be read. (j) Motion to Lay on Table. A motion to lay on the table shall preclude all amend- ments or de ate of the subject under consideration. If the motion shall prevail, the consideration of the subject may be resumed only upon a motion of a member voting with the majority and with the consent of two-thirds of the members present. (k) Motion to Postpone. A motion to postpone indefinitely is fully debatable and if the same is adopted, t e principa I question shall be declared lost. A motion to postpone to a definite time is amendable and debatable as to propriety and time set. (1) Motion to Refer. A motion to "refer" is not debatable except as to time or place of the referral.—� (m) Motion to Rescind. A motion to rescind an action if permissible pursuant to law may be made at any time, is debatable, and may be amended. (n) Motion to Adjourn. A motion to adjourn is not debatable and is in order at any time except as follows: a. When repeated without intervening business or discussion. b. When made as an interruption of a member while speaking. c. When the previous question has been ordered. ct While a vote is being taken. A motion to adjourn is debatable only as to the time to which the meeting is to be adjourned. (o) Remarks of Councilmen. Unless otherwise directed by the Presiding Officer, remarks and/or debate shall not be entered into the minutes. A Councilman may request the privilege of having an abstract of his statement on any subject under consideration by the Council entered into the minutes. If the Council consents thereto by a majority vote, such abstract shall be entered into the minutes. (p) Council Action on Certain Routine, Procedural and Unanimous Consent Matters. When a motion has been duly made and seconded on a matter which is routine or procedural, the Council unanimously concurs therein and a roll call vote is not required bylaw or this Code nor requested by any member of the Council, the presiding officer may state in substance: 'There being no objection, it is so ordered.' No objection being stated, the action shall be deemed to have been taken by unanimous voice vote of the Council and the City Clerk shall record such action in the minutes of the meeting. 2410. Addressing the Council. Any person desiring to address the Council shall first secure the permission of the Presiding Officer to do so; provided, however, that under the following headings of business, unless the Presiding Officer otherwise rules, any qualified and interested person may address the Council upon obtaining the recognition of the Presiding Officer. Ord. No. 72-236/Page 5 of 7 A. Written Communications. Interested parties or their authorized representatives may direct written communications to the Council in regard to matters then under discussion. B. Oral Communications. Taxpayers or residents of the City, or their authorized legal representatives or other interested persons, may address the Council by oral communications on any matter concerning City business, or any matter over which the Council has control at such place in the agendas as may be designated by the City Council; provided, however, that preference shall be given to those persons who notify the City Administrator in advance of their desire to speak in order that the same may appear on the agenda of the Council. C. Public Hearings and Protests. Interested persons or their authorized representatives may address the Council extemporaneously, or by read ing protests, petitions, or communications relating to zoning, sewer and street proceedings, hearings on protests, appeals and petitions, or similar matters, in regard to matters then under consideration, subject at all times to mainte- nance of order by the Presiding Officer. D. Notwithstanding the foregoing provisions of this Section 2410, the City Council by majority vote may decline to hear oral communications if the pressure of urgent City business does not permit or may terminate or continue such communications if the lateness of the hour requires it, or if necessary to maintain order. 2411 . Addressing Council After Motion is Made. When a motion is pending before the Council, no person other than a Council member shall address the Council without first securing the permission of the presiding officer to do so. 2412. Manner of Addressing Council. A. Protocol. Each person addressing the Council shall first fill out a request form to be furnished by the ity Clerk. He shall then step up to the audience microphone, state his name and address in an audible tone of voice for the record, and, unless further time is granted by the Council, shall limit his address to five minutes. All remarks shall be directed to the Council as a body and not to any member thereof. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked a Councilman except through the Presiding Officer. B. Spokesman for Group 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 spokesman be chosen by the group to address the Council, and in case additional data or argument is to be presented at the time by any other member of said group, to limit the number of persons so as to avoid unnecessary repetition. 2413. Decorum. A. By Council Members.. While the Council is in session, the members must preserve order and decorum, and a mem er shall not, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking, nor refuse to obey the orders of the Council or the Presiding Officer, except as may be otherwise provided. B. By Other Persons. Any person making personal, impertinent, or slanderous remarks or who shall become oisterous while addressing the Council may be forthwith, by the Presiding Officer, barred from further audience at said meeting before the Council, unless permission to continue be grunted by a majority vote of the Council. C. Enforcement. Any law enforcement officer on duty, or whose services are commanded by the Presiding Officer, shall be Sergeant-at-Arms of the Council meetings. He, or they, shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instructions of the Presiding Officer, it shall be the duty of the Sergeant-at-Arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of this Code, the complaint to be signed by the Presiding Officer. Ord. No. 72-236/Page 6 of 7 2414. Voting Required: Disqualification. Any disqualified member shall openly state or have the Presiding Officer announce the face and nature of such disqualification in open meeting, and shall not be subject to further inquiry. A member who is disqualified by conflict of interest in any matter shall not remain in the Chamber during the debate and vote on such matter, but shall request and be given the Presiding Officer's permission to absent himself. A member stating such disqualification shall not be counted as part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. Any member having a 'remote interest' in any matter as provided in the Government Code shall divulge the same before voting. 2415. Roll Call Vote. A roll call vote shall be taken upon the adoption of all ordinances and be entered upon the minutes of the proceedings of the Council. Upon request of any member, a roll call vote shall be taken and recorded on any vote. Whenever a recorded or roll call vote of the Council is in order, the City Clerk shall call the names of the members in alphabetic order, with the Mayor voting last in every case. 2416. Council Members to Avoid Improper Consideration of Pending or ContempTaed Matters. A. Fair Hearings. Members of the Council shall exercise care to avoid discussion or listening to a iscussion o the facts of any matter which by law requires evidence to be taken at a public hearing and findings of fact to be made by the City Council while such matter is pending before the City Council, except in a public hearing before the Council. The Council shall exercise like care as to any such matter which is pending before an agency of the City and which is expected to be the subject of public hearing by the City Council B. Open Mind. No member of the Council shall pledge or promise to vote in a certain way on any such matter. 2417. Preparation and Introduction of Ordinances, Resolutions and Other Matters. A. Preparation of Ordinances. All ordinances shall be prepared in final form by the City Attorney. Ordinances may be requested of the City Attorney by a majority vote of the Council, or requested by any member of the City Council or by the City Administrator. In addition the City Attorney may recommend ordinances on his own initiative. B. Prior Approval or Ordinances. All ordinances, resolutions and contract documents shall, before presentation tote Counci 1, have been approved as to form and legality by the City Attorney or his authorized representative, and, where there are substantive matters of administration involved, shall have been examined and approved as to such matters by the City Administrator or his authorized representative. C. Introduction and Adoption of Ordinances and Resolutions. All ordinances shall be read in full either at time of introduction or passage except when, after reading the title, further reading may be waived by regular motion and adopted by unanimous vote of all Council members present. Resolutions which have been prepared in writing and distributed to the members of the Council need not be read in full nor shall a motion waiving further reading be required after reading of the resolution nunb er and title except resolutions for the payment of money. Any member may call for a roll call vote or demand that a resolution be read in full. When a resolution has not been prepared in advance, the resolution may be presented verbally in motion form together with the instruction for the written preparation and later execution. Ord. No. 72-236/Page 7 of 7 2418. Robert's Rules of Order. In all matters and things not otherwise provided for herein, the proceedings of the Council shall be governed by "Robert's Rules of Order," 1915 revised edition. However, no ordinance, resolution, proceedings or other action d• the City Council shal I be invalidated, or the legality thereof otherwise affected, by the failure or omission to observe or follow said Rules. PASSED, APPROVED and ADOPTED this 6th day of November, 1972 , i AP E OR ATTEST: "t CITY CLERK I STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF CARSON ) I, Marilyn R. Cortina, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 72-236, passed first reading on October 16, 1972 , was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 6th day of November 1972, and that the same was so passed and adopted by the following roll call Note: AYES: COUNCILMEN: Colas, Yamamoto & Marbut. NOES: COUNCILMEN: Bridgers & Smith. ABSENT: COUNCILMEN: None. City-Clerk City of Ca on, California