HomeMy WebLinkAbout14. Adopt Ord Amending the DMC Regulating Rules of Conduct for CC Meetings11MENI'Ll
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FROM: OFFICE OF THE CITY MANAGERl
By: Gilbert A. Livas, City Manag
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At the request of Mayor Pacheco, and for the City Council's consideration, is an ordinance
proposing to amend Downey Municipal Code Section 2105 regulating the rules of conduct for
city council meetings. Specifically, the ordinance proposes a three (3) minute time period per
speaker for each of the following public comment periods: (1) non -agenda items (2) consent
calendar (3) public hearings and (4) administrative reports. Other than this change, the meeting
rules remain unchanged. This approach will assist the Mayor and Council to efficiently manage
the conduct of the meeting while still allowing members of the public to be heard on matters of
city business.
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WHEREAS, the City Council of the City of Downey declares that the business of
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 Council values the opinions and comments of the public on
matters of city business; and
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
meeting, and that the public, in turn, may listen to the Council discussion and
deliberations on such matters without distraction or disruption; and
WHEREAS, Downey City Charter Section 510, consistent with the Ralph M.
Brown Act, provides, among other things, that the public shall have the right to address
subject to reasonable rules and regulations as adopted by ordinance or resolution; and
WHEREAS, the City Council wishes to amend the rules of conduct for city
council meetings contained in Downey Municipal Code Article 11, Chapter 1 to establish
a three (3) minute time limit per speaker for public comments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOEg
VEREBY ORD4IV4S FOLLOWS:
SECTION 1. The City Council of the City of Downey hereby amends the City of
Downey Municipal Code, Article 11, Chapter 1, Section 2105 to read as
follows:
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(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
2nd foot stomping which disrupts, disturbs or otherwise impedes the orderly
conduct of the Council meeting are prohibited.
ORDINANCE NO.
PAGE 2
(c) • 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.
requested that all persons wishing • speak to the • 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
• 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
• The decision of the Mayor to recognize or not recognize a person may •^
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
• shall have the opportunity for rebuttal. The applicant shall not • limited • the
three (3) 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 •I shall •'` `• to three (3) minutes unless such
time is f'• • 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 th
public may address the Council on any non -agenda item which is directly related t
City business. Each person speaking shall •e limited to three (3) minutes and the,
maximum time allowed • • communication shall •` thirty (30) minutes. For
good cause the Mayor may extend the time for individual speakers or the maxi u
time for oral communications. The Mayor may rearrange the order of items on th
agenda to ensure the orderly conduct of the meeting.
(h) The City • will accept public • concerning agenda items at
the time the item is considered. Individuals wishing to address an agenda item may
raise their •' at the time the title is announced by the City Clerk so that the
Mayor can count the number of speakers. Each person speaking shall be limited to
three (3) minutes •` 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
person shall be limited to three (3) minutes. Once all public comments on Consent
• 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.
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
7-nd 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.
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 unconstitutio-ial.
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.
SECTION 4. The City Clerk shall certify the adoption of this Ordinance and cause the
came to be published in the manner prescribed by law.
ORDINANCE NO.
PAGE 4
APPROVED AND ADOPTED this —_ day of _, 2020.
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FTAI I a 1 *1
MARIA ALICIA DUARTE, CMC
City Clerk
I AEREBY CERTIFY that the foregoing Ordinance was adopted by the City
1-
Council of the City of Downey at a Regular Meeting held on the day of
, 2020, b� the following vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
MARIA ALICIA DUARTE, CMC
City Clerk