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Home My WebLink About1979-10-02; City Council; 5738-1; Amendment to City Council Procedure Ordinance/CITY OF' CARLSBPJ) _. AGENDA BILL NIO,_�' �Y.� ^ �� Initial: `- Dept. Hd . DATE: October 2, 1979 _ C. Atty DEPARTMENT; -City Attorney C. 14gr. Sizbjea i �- AMENDMENT TO CITY COUNCIL PROCEDURE ORDINANCE Statement of the Mattor Chapter 1.20 of the Carlsbad Municipal Code contains detailed rules of procedures for the City Council. In particular, Section 1.20.290 does not,allow members of the public to address the Council on nonpublic hearing i o sp eak is filed with t e a written requestp i ems unl unless t the Clerk in advance of the Council's consideration of the item (a copy of Section 1.20.290 is attached). Without exception, notwithstanding the failure to file a timely request, the Council has allowed people to speak -- in some cases to the extent of inviting public hearing -type input on the matter. If the Council wishes to continue that practice, you -should amend Section 1.20.290 to so provide. Attached is an ordinance which would amend -that section to allow the City Council by unanimous consent to waive the requirement for filing a request to speak. In view of the actual practice, the Council may wish to consider other alternatives, such as eliminating the requirement entirely. In that event, you should return the matter for the preparation of an appropriate document. Exhibit Section 1.20.290 of the Carlsbad Municipal Code. Ordinance No. AQ r) , Recommendation If the City Council concurs, your action is to introduce Ordinance No. �a Council Action: 10-2-79 Council continued the matter to the next meeting when a full Council is present. 10-16-79 Council introduced Ordinance 1222, amending the Municipal Code to pr.dide for a waiver of the requirement of filing a request to address Council. 11-6-79 Council adopted Ordinance 1222. 1'.� , . 240--l.20.290 until completion of their remarks or until recognition is withdrawn by the presiding officer. (Ord, 1213 §2(part), 19,79) . 1.20.240 Points of order.. The presiding officer shall determine all points of order subject to the right of any council member to request full council. ruling, and the ques- tion shall be, "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively determine such question of order, (Ord. 1213 92(part), 1979). 1.20.250 Point of personal privilege. The right o,f a council member to address the council on a question of per- sonal privilege shall be limited to cases in which his integrity, character or motives are questioned or where the welfare of the council is concerned. A council member raising a point of personal privilege may interrupt another council member who has the floor only if the presiding officer recognizes the privilege. (Ord. 1213 §2(part), 1979) . 1.20.260 Privilege of closing debate. Subject to the provisions of Section 1.20.270, the council member moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate, subject to a council majority ruling that debate should continue. (Ord. 1213 52(part), 1979). 1.20.270 Calling the question. A member of the council who wishes to terminate discussion of a motion may call for the question. If the call is seconded, the presiding officer shall ask for a vote. If the call carries, the council shall then vote on the motion without further discussion. (Ord. 1213 i2(part), 1979). 1.20.280 Protest against council action. Any council member shall have the right to hive the reasons for his dissent from or his protest against any action of the council entered in the minutes, Such dissent or protest to be entered in the minutes shall be made in substantially the following manner: "I would like the minutes to show that I am opposed to this action for the following rea- sons..."' (Ord. 1213 §2(part), 1979). 1.20.290 Request to address the council on items other than listed public hearing. (a) It is the policy of the council to permit limited presentations by members of the public on nonpublic hearing agenda items. The presiding officer may in the absence of objection by a majority of the council members present, decline to permit such pre- sentations on any particular nonpublic -hearing item, 3-12 (Carlsbad 4/15/79) 1.21.300--1.20.310, (b) Any person or group of persons desiring to address the council on a nonhearing matter must file a written re•- qudst for nermission to address the council which muss: be filed with the city clerk in advance of the council's con- sideration of that item. (c) Each person desiring to address the council shall approach the podium, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and unless further time is granted by majority vote of the council, shall limit his remai.ks to five minutes. All remarks shall be addressed to the-, council as a whole and not to any member thereof. No questions shall be asked of a council member or a member of the city staff without ob- taining permission of the presiding officer. The presiding officer shall not permit any communication, oral or written, to be made or read where it does not bear directly on the agenda item then under discussion. (d) After a motion has been made, no member of the public shall. address the council from the audience on the matter under consideration without first securing permission to do so by a majority vote of the city council. (e) No person shall address the council without first securing the permission of the presiding officer. (Ord. 1213 52(part), 1979). 1.20.300 Addressing the council --Spokesman for group of persons. (a) In order to expedite matters and to 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 require that a spokesman be chosen from the group to address the council. if additional matters are to be presented by any other mem- bers of the group, the presiding officer may limit the number of such persons and limit the presentation to information not already presented by the group spokesman. (b) For items o':.her than those listed on the agenda for public hearing, groups of persons shall be limited to a total presentation period of ten minutes. The presiding officer shall first call for representatives of groups in favor of the matter under consideration and then for those persons in opposition to the matter under consideration, and thereafter shall allow a rebuttal time limited to five minutes to the proponents who shall confine rebuttal remarks to answering comments made in opposition and not the introduction of new testimony. Further time may be granted by majority vote of the council. (Ord. 1213 52(part), 1979). 1.20.310 Decorum and order --Council and city staff. While the council is in session, the council members and city staff shall observe good order and decorum. A member 3-13 (Carlsbad 4/15/79) 1 2'' 3. 4 5 6 7 '8 9 10 11 20. 21, 22' 23 24 25 26 27 28 ORDINANCE NO. 1222 AN ORDINANCE OF 2 CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 1, CHAPTER 1.20, BY THE AMENDMENT OF SECTION 1.20.290 TO PROVIDE FOR A WAIVER OF THE REQUIREMENT OF FILING A WRITTEN REQUEST TO ADDRESS THE COUNCIL. The City Council of the City of Carlsbad, California hereby ordains as follows: SECTION 1: That Title 1, Chapter 1.20, Section 1.20.290 of the Carlsbad Municipal Code is amended by the amendment of Subsection (b) by the addition of the following: "The presiding officer, with the unanimous consent of the Council, may allow a person who has not filed such a request to address the Council." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 16th day of October il 1979 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 6th day of November, 1979 by the following vote, Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler None None ONALD C. PACKARD, Mayor ATTEST: ALETIiA L. RAUTENKRANZ, City C] k (SEAL) to wit: AYES: NOES: ABSENT: