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Home My WebLink About09. Adopt Ord-Amending the DMC Rules of Conduct for City Council Mtgs related to Public CommentneM NO. A P P j ems, V' t3 y CITY ARANAGE-13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL t FROM: OFFICE OF THE CITY MANAGER By: Gilbert A. Livas, City Manager C ZITY ATTORNEY'S OFFICE By: Yvette M. Abich Garcia, City Attorney AME SUBJECT: PROPOSED ORDINANCE AMENDMENT TO THE RULES OF CONDUCT FOR CITY COUNCIL MEETINGS RECOMMENDATION That the City Council take the following action: F-11 0161 a It#] V I] 10 F-11 k, L01:111 0• W-11 ORM N C 10 F-11 0 M 4tel a I m I 4N I SAID611 10 M I GMAPTER 1, 5EGT1Or,-.-W&-KEU1LLAT1A6 TAE RILES OF; G*1;L)11(G;T COUNCIL MEETINGS 'o meeting rules. For the City Council's consideration is an ordinance proposing to amend Downey ITTiunicipal Code Section 2105 regulating the rules of conduct for city council meetings to clarify that on- • •: public comment period is available for Consent Calendar items. If items are removed from the Consent Calendar for discussion, the Council may, but is not required to, allow additional public comments on items removed from the Consent Calendar. Otherwise, the public comment periods for agenda and non -agenda items remain unchanged. There are two additional substantive amendments to the City Council's meeting rules. Additional language was added to clarify that the Mayor has the discretion to rearrange the AMENDMENT TO THE RULES OF CONDUCT FOR CITY COUNCIL MEETINGS AUGUST 27, 2019 PAGE 2 agenda as needed for the orderly conduct of the meeting. The Ordinance was also amended to clarify that the use of placards, signs, posters, packages, bundles, suitcases and other large objects are not permitted in the Council Chambers if these items would disrupt, disturb or otherwise impede the orderly course of the meeting. There is no fiscal impact to the General Fund. A 1 valifill ► Lai I q:J :4 Lei :4 ffm Public Engagement ATTACHMENTS FAJJF ,M:?T6IWlT4n* � to] 14-20AW191TAT121 kyj M 11 M MW K4 core rz1 RM 0 M 0, Lei =P] a 9; 1 =Eel I REMEW • CouncilWHEREAS, the City of - City of Downey declares that the business of Council'the City is to be conducted in an orderly and efficient manner to facilitate thorough City Council deliberations and decision making; and WHEREAS, the City - the opinions • comments of public on matters of • - and meeting,WHEREAS, the City Council desires that all members of the public who attend the City Council meetings have their comments heard at the earliest point in the and that the public, in turn, may listento the Council discussion and deliberations on such matters without distraction or disruption; and Downey - Section ! consistent with the Ralph Brown Act, provides, among other things, that the public shall have the right to address the Council either orally or in writing on matters of City business, but such right shall be subject to reasonable rulesand regulations as adopted by ordinance • - • • n councilWHEREAS, the City Council wishes to amend the rules of conduct for city -- rs contained in Downey •.l Code Article 11, Chapterto clarify that while public commentsare permitted for • - Calendar - the City Council but is not required to allow additional public comments for items pulled from the Consent Calendar for discussion. NOW, - •`E, THE CITY COUNCILOF OF DOWNEY DOES SECTION 1. The City Council of - City of Downey - -•y amends the City of Downey •Code, Article 11, Chapter- •n 2105 to read as follows: • 1 • • •' • k Conduct at City Council meetings shall be in accordance with the following rules: (a) Unless addressing the City Council or entering or leaving the Council Chambers or other meeting place, all persons in the audience shall remain seated in the seats provided. No person shall stand or sit in the aisles or along the walls, unless permitted by the Mayor. No person shall block any doorways. ATTACHMENT 1 ORDINANCE NO PAGE 2 •) All demonstrations,s • cheering, yelling, whistling, handclapping • foot stomping which disrupts, disturbs or otherwise •-a orderly conduct of - Council meeting areprohibited. (c) No placards, signs, posters, packages, bundles, suitcases or other large objects shall be brought into the Council Chambers or other meeting place if doing so would disrupt, disturb or otherwise impede the orderly course of the meeting. (e) It is requested that all persons wishing to speak to the Council at the time designated for oral communications shall state their name, address, and the subject matter upon which they wish to speak for the record. All speakers who wish to address members of the City Council or staff must do so through the Mayor. No person shall address the Council until he or she has first been recognized by the Mayor. The decision of the Mayor to recognize or not recognize a person may be changed by order of the Council. (f) During formal public hearings, all interested parties will be allowed to address the Council. The Mayor shall request persons wishing to address the Council to signify their interest and may limit the time allowed and otherwise coordinate the hearing proceedings. The applicant shall speak after the staff report and shall have the opportunity for rebuttal. The applicant shall not be limited by the five (5) minute time limit, but shall not be repetitious nor digress from the issues before the Council. In the interest of facilitating the business of the Council, all persons addressing the Council shall be limited to five (5) minutes unless such time is extended by the Mayor for good cause. (g) There will be one oral communication section near the beginning of the City Council Agenda placed after public hearings. During this time members of the public may address the Council on any non -agenda item which is directly related to City business. Each person speaking shall be limited to five (5) minutes and the maximum time allowed for oral communication shall be thirty (30) minutes. For good cause the Mayor may extend the time for individual speakers or the maximum time for oral communications. The Mayor may rearrange the order of items on the agenda to ensure the orderly conduct of the meeting. (h) The City Council will accept public comment concerning agenda items at the time the item is considered. Individuals wishing to address an agenda item shall raise their hand at the time the title is announced by the City Clerk so that the Mayor can count the number of speakers and allocate the time for public comment on the agenda item. (i) At the time that the Consent Calendar is considered, members of the public may address the City Council on any item on the Consent Calendar. Each ORDINANCE NO. PAGE 3 person shall be limited to five (5) minutes. Once all public comments on Consent Calendar items are made, the Council shall determine which items shall be removed from the Consent Calendar. All items that had been removed will be considered by the Council after the Consent Calendar is approved. The City Council may, but is not required, to allow additional public comment on items removed from the Consent Calendar. Q) At the end of the regular City Council meeting, staff and members of the City Council may present any other business that is appropriate for City Council consideration. Unless permitted by the Brown Act, the Council may not discuss such items or take action upon them, but an individual Council Member may request that any such item be placed upon a future agenda for consideration by the Council. (k) Members of the audience shall respect the rights of others and shall not create noise or other disturbances so as to disrupt or disturb persons who are addressing the City Council, Council Members who are speaking, or otherwise impede the orderly conduct of the meeting. All persons addressing the City Council shall speak in a civil and courteous manner and shall not yell, scream, or use foul language. Speakers shall address the agenda topic to which they are speaking on and shall not be repetitive. (1) Photographs, audiotapes and videotapes may be taken from any seat within the Council Chamber or other meeting place or from the rear of the Council Chamber or other meeting place. Except when presentations are being made, photographs, audiotapes and videotapes may not be taken from the side or middle aisles or from the front of the Council Chambers as such practices disrupt and disturb the audience, public speakers and Council Members, and interferes with the orderly conduct of the meeting. Photographs, audiotapes and videotapes shall not be taken in any manner which disturbs or disrupts the audience, speakers or Council Members or otherwise disrupts the Council meeting. (m) Animals are prohibited in the council chambers, except for trained K-9 police dogs and trained service animals as defined under State and Federal law." SECTION 2. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 3. Upon the effective date of this amendment, the City Clerk is directed to place and maintain copies of the City Council meeting rules in the back of the Council Chambers for members of the public. A Is A 0 12-AxeME, SECTION 4. The City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. MOTNITOTIT-OCTUNLU-Me MARIA ALICIA DUARTE, CIVIC C ,,..ity Clerk I HEREBY CERTIFY that the foregoing Ordinance was adopted by the Ci Council of the City of Downey at a Regular Meeting held on the day of 1 2019, by the following vote, to wit: i AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: MARIA ALICIA DUARTE, CIVIC 'C'ity Clerk DRAFT ONLY -REDLINE OF THE CHANGES TO DMC SECTION 2105 SECTION 2105. RULES OF CONDUCT FOR CITY COUNCIL MEETINGS. Formatted: Font: to pt Conduct at City Council meetings shall be in accordance with the following rules: (a) Unless addressing the City Council or entering or leaving the Council Chambers or other meeting place, all persons in the audience shall remain seated in the seats provided. No person shall stand or sit in the aisles or along the walls, unless permitted by the Mayor- No person shall block any doorways. (b) All demonstrations, including cheering, yelling, whistling, handclapping and foot stomping which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting are prohibited. (c)No placards, signs, posters, packages, bundles, suitcases or other large objects shall be brought into the Council Chambers or other meeting place if doing so would disrupt, disturb or otherwise _pgq!q_thAor1de_rfy p9m5e of the meetip&_except-with the -prior authorization of the Mayor. Formatted: Font: 10 pt (d) Smoking is prohibited in the Council Chambers or other meeting place. (e) It is requested that all persons wishing to speak to the Council at the time desionated for oral communiWions shall state their name, address, and the subject matter upon which they wish to speak for the record. All speakers who wish to address members of the City Council or staff must do so through the Mayor. No person shall address the Council until he or she has first been recognized by the Mayor. The decision of the Mayor to recognize or not recognize a person may be changed by order of the Council. M During formal public hearings, all interested parties will be allowed to address the Council. The Mayor shall request persons wishing to address the Council to signify their interest and may limit the time allowed and otherwise coordinate the hearing proceedings The applicant shall speak after the staff report and shall have the opportunity for rebuttal. The applicant shall not be limited by the five (5) minute time limit, but shall not be repetitious nor digress from the issues before the Council. -In the interest of facilitating the business of the Council, all persons addressing the Council shall be limited to five (5) minutes unless such time is extended by the Mayor for good cause. (g) There will be one oral communication section near the beginning of the City Council Agenda placed after public hearings During this time members of the public may address the Council on any non -agenda item which is directly related to City business Each person speaking shall be limited to five (5) minutes pK� speaker and the maximum time allowed for oral communication shall be thirty (30) minutes. For good cause the Mayor may extend the time for individual speakers or the maximum time for oral communications. The Kavor may rearranqqLhp order of items on the acienda to ensure the orderiv conduct of the meefil1q. ATTACHMENT 2 DRAFT ONLY -REDLINE OF THE CHANGES TO DMC SECTION 2105 (h) The City Council will accept public comment concerning agenda items at the time the item is considered Individuals wishing to address an agenda item shall raise their hand at the time the title is announced by the City Clerk so that the Mayor can count the number of speakers and allocate the time for public comment on the agenda item. (i) At the time that the Consent Calendar is considered, members of the oublic may address thre- 1y_Cguncal on any item on the Consent Calendar. Each _p�f rq9_small be limited to five () minutes. embers of t e.general public or members -of -the CAy-Council may request that-ite{ass be removed. in requesting that an item be-removedl _the member of the public shall state the -specific item or -items to be removed and state -his -or -her views -on that particular item, Once allpublic comments on Consent Calendar items are made, ;such requests have n --made, the Council shall determine which items shall be removed from the Consent Calendar. All items that had been removed will be considered by the Council after the Consent Calendar is a0proved. The Cily Council may, brut is pgC„ri gquired,..tP atlow additional oublic comment on items removerl.fir—o m_lhe Consent Calendar _. near-the-conclusiort-of the ting: The individuals who -,requested the—removal of items may address -the Council -at sett Iirne_ 0) At the end of the regular City Council meeting, staff and members of the City Council may present any other business that is appropriate for City Council consideration. Unless permitted by the Brown Act, the Council may not discuss such items or take action upon them, but an individual Council Member may request that any such item be placed upon a future agenda for consideration by the Council. (k)Members of the audience shall respect the rights of others and shall not create noise or other disturbances so as to disrupt or disturb persons who are addressing the City Council, Council Members who are speaking, or otherwise impede the orderly conduct of the meeting. All persons addressing the City Council shall speak in a civil and courteous manner and shall not yell, scream, or use foul language. Speakers shall address the agenda topic to which they are speaking on and shall not be repetitive. (1) Photographs, audiotapes and videotapes may be taken from any seat within the Council Chamber or other meeting place or from the rear of the Council Chamber or other meeting place. Except when presentations are being made, photographs, audiotapes and videotapes may not be taken from the side or middle aisles or from the front of the Council Chambers as such practices disrupt and disturb the audience, public speakers and Council Members and interferes with the orderly conduct of the meeting. Photographs, audiotapes and videotapes shall not be taken in any manner which disturbs or disrupts the audience, speakers or Council Members or otherwise disrupts the Council meeting. (m) Animals are prohibited in the council chambers, except for trained K-9 police dogs and trained service animals as defined under State and Federal law, ATTACHMENT 2 Formatted: Font: pt, Not Highlight Formatted. Font: 10 pt, Not Highlight j Formatted: Font: ^10 pt l ------------ Formatted: Font: 10 pt, Not Highlight Formatted: Font: 10 pt