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Home My WebLink About29 ORDINANCE NO. 29 AN ORDINkNCg OF TIlE CITY OF SARATO~;A ADOPTING RULES AND PROCEDURES FOR O3UI~CIL MEETINGS, CERTAIN PLANNII~G CO~{iSSION PROCEDURES, FOWERS OF PRESIDING OFFICER AND TiE ENFORC~YNT THEREOF. Tae C~.ty Council of the City.of Saratoga does hereby ordain as follows: .S_ECTION 1: NAME AND APPLICABILITY Section 1.1: This ordinance shall be knowll ms the COUNCIL PROCEDURE OPJ)INANCE of the City of S~.ratoga. It shall apply to all regul,~r and special meetings of the City Council of the City of Saratoga, and in addit'..'.on, Sections ~ and 7 shall apply to all meetings of ei!d public hearings before the Saratoga Planning Commission. Reference to "Presiding Officer", "Council", "Councilmen" and "City Clerk" in Sections 6 and 7.1 shall respectively mean.. Chairmanm Planning Comm~ssion, Commissioner and Secretary of the Planning Commission, when applied to Planning Commission meetiv~s. .Sectton 1.2: 1'us term "meeting" shall mean the gathering together of a majority cf the members of the City Co.Jncil er Planning C~mmlssiou, each member withiu nox~mal hearing distance of the others at tile time aud place established by Ordinance or Resolution for regular meetings, o3 at such other time and place as authorized by law for special meetings, fez the ,purpose of acting in their official capacity as the legislative body of the City of Saratoga in the case of the City Coun~'~' and in their official capacity as the Planning Comm~- sion in the case of the Planning ~u~sstono Unless otherwise authorized by l~w to be held in privates all such meetings shall be open to the public. No other gatherin~ of the persons l~ho cox~s~:Y.t'_xte the City Council or Plannlr~ Commission, or any pSrtien thereof~ shall be considered a meeting. A y action or decision required by law to be taken or made at e ueetID~ shall be invalid and of no force a?.d effect if ~he same is not taken or made a~ a mee'=ing as hereln defined, ~he foregoing shall not prevent less than a quorum, othez-~ise gathered at the time and place and for the purpose of conducting a meeting, from adjourning from time to time in accord with 1,T~ until a quorum is present. If at any time the Legislature of the State of California or the final .de, ciston of .an appalate-dourt of said State should define a. meati,~g of a City Council or a City PlanminE C~mnission other than as above set for~h= such iegislaZtve or final judicial definition shall thereafter super- sede the definition heroinabove set for~ho SJation 1o3: Failure to observe the rules heroinafter set forth shall. not invalidate any a~tion taken which is o~herwise lawful~ and defective only for failure to follow =he procedure outlined in this ordinance. -I- f SECT!~N 2: GE__~RAL O__.RDER A~ND CONDUCT OF...BUS INES S Section 2.1..~: AGE~A. All reports, co~nications, ordi~nces~ resolutions~ contract documents, or other ~:ters to be submitted to ~he council a~ their re~lar~et- ing s~ll be delivered to the City Clerk not later t~n 5~00 o~clock on tim preceding Thurs~y. The City Clerk s~II prepare an agen~ of all such~tters according ~o the Order of Business and shall fur- nish ~ch~mber of the ~uncil, the City A~inistrator~ the City Attoney and each deparmnt h~d with a copy of the sa~ prior the council ~eting. Except as othe~ise provided in ~hfs ordi~uce, no ~tter no~ included on the agan~ my be presented to the ~ithout first ob~aining the unan~us consent of all counci~n present a~ th~eting. Section 2.~: ORD~ OF BUSI~SS. T~ business of the council shall be taken up for consideration and disposition in the foilo~in~ order, ~nless othe~ise c~nged by resolution of the council: (1) Organization (a) Roll (b) Minutes (2) Bids and Contracts (3) Ordi~nces and Foml Resolutions (4) Subdivision and Site Approvals (5) hblic Heari~ (At 8:00 P.M. or as soon thereafter as the course of ~siness pemits, regardless of position on the agenda) (6) A~tnistrative ~tters and Reports (a) ~yor (b) Finance (c) ~uncll Co~lttee~ (d) ~parment Heads and Officers (e) City A~inistr~tor (7) C~nications (a) Written (b) Oral (8) Adj ou ~n t The above Order of Business ~y be changed from t~e to t~ by resolution of the Council. ~ addition, the regular Order of Business ~.y, for any particular~eting, be suspended for any pu~ose by the Presiding Officer ~ith consent of a mjori~y of the Council members present. S~ction 2.3: ROLL ~.' Before proceeding with the ~sinesa of ~he Council~ the City Clerk or his deputy shall call the roll of ~he ~ers, and the na~s of those physi- cally present s~ll be entered in the minutes. Section 2.4: QUOR~. A ~jority of all the m~bers elected to the C~ncil s~ll cons~itute a quorl at any regular or special ~et~ of the Council. The presence or absence of a quo~m shall be dete~ined by the ~esiding Officer. Section 2.5: ~BG OF MI~S. At leas~ ~o (2) ~ys prior to each reguhr ~eting, the Clerk shall funish each mmber of the Counc'il a copy of the minutes of the las~ preceding regular or special, meeting. Unless a reading of the minu~es of the Council~eting is requested in open~eting by a ~ber of the ¢ouncti~ such m!~tes ~y be approved without reading if the Clerk ~s previously fujished each~er with a copy thereof. Not~it~tanding the above, reading of the minu~es my always be w~ived by a duly carriedmtion to waive the reading thereof. Section 2.6: V~BG. A vote by roll call s~ll not be required unless a Council~mber specifically requests a roll call after a motion is ~de and before the Presiding Officer calls for 'the vote. Unless a m~ber of the Council audibly staten he is not vo~ing, his silence shall be, and shall be recorded as~ an affi~tive vo~e. ~ECTION 3: PRESIDING OFFICER, POWERS AND'~L~IE~ Section 3.1: MAYOR AS PRESIDING OFFICER. The Presiding Officer of the Council shall be the Mayor, or in his absencem the Mayor Pro Tempore. He shall take the chair pre- cisely at the hour appointed for the meetings and shall immediately call the Council to order. In the absence of the Mayor or Mayor Pro Tampores the City Clerk shall call the Council to order, whereupon~ a temporary PresidinE Officer stmll be elected by the members of the Council present. Upon the arrival of the Mayor or Mayor Pro Tempores the temporary Presiding Officer shall ~mmediately relinquish the chair upon the conclusion of the particular business in~edlately before the Council at that time. Wherever lu this ordinance the term Mayor is useds it shall apply equally to the Presiding Officer as de- fined in this section. Section 3.2: 'POWERS AND DUTIES OF PRESIDING OFFICER. The Presiding Officer shall have a votes but no veto powers and may moves second and debate from the chair. He shall pre- serve strict order and decorum at all regular and special meetings of the Council. He shall states~or call upon the Clerk to states every question before the Counui].~ call for the votes and announce the decision of the Council on all subjects. He shall decide all questions of orders subject however to an appeal to the Council by ~ny 8ounellmanm in which event a majority vote of the Council shall govern and conclusively dete~nine such question of order. He shall have and exercise such other powers and duties as are contained else- where in this ordl:mnces and as are authorized by law. Section. 3~3:' ADDITIONAL PO~RS. The Presiding Officer shall have power and authority in his discretion and without a vo~e of the Councilm (a) Refer any matters whether or not on the agenda, to a committee for study and report. Such power may not be exercised while a motion is on the floor covering such matters until the motion is d~sposed of. Once a matter has been referred to c~mmittee and a report rendered thereon, !t may not thereafter be referred to coL~aittee a second thee under this power but only by Council action. (b) Set time limits on Council discussion on any matter. (c) Set time limits on any coummnications from members of the public to the CounCil. (d) Declare the opening and closins of public hearings. (e) Rule any marion on a subject not on the agenda as heine out of orders in which case the motion shall thereafter be void and the Clerk shall set the subject matter thereof down on the agenda of the next regular or special Council meetins. (f) Table any motion on any matter until the next regular or special CouncilmaetinEs whenever the City Attorney advises that there is a serious question as to the validity or con- stitutionality of the particular proposed course of action which is the subject matter of said motion. (S) Require any witness testifying to facts at any public hearing to be sworn before proceeding further with any such testimony. S__ection 3.4: (RESERVED) SECTION 4: O__R_DINANCES~ RE.~OLUTIONS~ }lOTIONS/~,~D CONTRACTS 'S,e. ction 4.1: PREPAR&TION OF ORDINANCES~ All ordinau~es shall ba prepared by or ',ruder the d~reetion Of the City Ati'orney~ No ordi_-nnce shall be prepared for presentation to the Council unless ordered by a majo~ii;y vote ef the Councils or requested by the Mayor or City Admtnist~ato:, st prcpar. ed by the City Attorney on his own init'sative, SeCtion 4,2: PRIOR REVIE~I BY ADHI.~IISTtlATIVE STAFF. Before present- ation to the Councils all ordinancess wTltten resolutions and con~vac~ documents shall have been approved as to ~orm by the City Attorney or his authorl---ad. rcpres~n~atives and vhera there are substantive ma~Cers o£ administration involved shall have been exnm~n~.d ~or adm~nistraCion by the City A~c'Inistrator, ~hc shall indicate his approval or disapproval 'from an admin~strative stand- point thereo~ at the t~me_ o~ presentation to the Coun=ilo Section 4.3: INTORDU~TIOIt FOR PASSAGE OR APPROVAL (a) (Prdinancass resolut~onss and other matters or subjects requirina action by the C0unell must be introduced and sponsored by a member o£ the CounCils except that the Mayors Ci.'y Adminls~ra~o=s or City AttOrney may present the same and any Councilman may assume the spousorship thereof by rosyinS that such ordinancee resolu~ion or matfez or su.bje~t be adopted; o~herwise, they shall not be conside. red, (b) An e.r. din~_-ce may be introduced by the readin~ o£ the ti.~le only, All ordinances shall be reed in full aC least once p~ior ~o £inal passage and adoption~ uatess the readin~ thereof is dispensed with by the unanimous vote o£ the Council prea~nt at e regular mee~'in~o Notwl~hstandin~ the above, all emeraency ordinances shall be r~ad in ~ull prior to passage and adoption. (c) V~solutiens may be presented in written or oral £om, 14he_~e x~rtttcn~ ~he resolution need only be read by title and numbe~ p~ior ~o act.~.on there0n~ and only the motion adoptinZ it need appea~ in the minu2es~ Edhere orals the snm~ shall be stated in ~ull by the moving. pa;ty~ and if adopted, shall either (a) be tr~_n-cribed in £ull in ~he minutes 0r (b) thereafter be reduced to written £ozm separate £rom the min'.~es, executed by the Presid~-v~ O~£icar and attested by the City Clerks The Presidin~ OffiCer shali direc~ which ~inal £orm! a ve;bally presented resolu~ion shall take. : (d) No motion shall die for lack of a seconds and the Presidin~ Officer shall call all motions to a vote whether seconded or not, (e) All motions for enactment of any ordinances resolu- tion or other Council antion which do not receive the required vote for passage shall nevertheless be entered in the minutes. .S. ECTION 5: RUIES OF DEBATE Section, 5.1: PRBSIDING OFFICER MAY DEBATE. The MAyor or such other member of the Council as my be acting as Presiding Officer Imay moves second and debate from the chairs subject only to such limitations of debate as are by these rules imposed upon all ~mbers, He shall not be deprived of any of the rights and privileges of a Councilmon by reason of his being Nayor or acting as Presidin~ Officer. Section 5.2: GETTING THE FLOOR. Every Council member desiring to speak shall address the chair, and upon recognition by the Presiding Officer, shall corffine himself to the question under debates avoiding all personalities and indecorous language, Section 5°3: Ii~TERRUiTIONS. A members once recognizeds shall not be intert~pted when speaking unless it be to call him to order~ or as herein otherwise provided. If a bet, while speaking, be called to order he shall cease speaking until the question of order be determined~ and, if in order, he shall ba permitted to proceed, Section 5°4: PRIVILEGE 0F CLOSING DEBATE° The ~ouncilmn moving the adoption of an ordinance or ~esolution, or council action, shall have the privilege of closing the debate, Section 5,5: MOTION TO RECONSIDER, A motion to reconsider any~ action taken by the Council my be made only on the day such action was taken. It may be made either ~m~diately during the stone seasion, or at a recessed or adjourned session thereof. Such motion must be made by one of the pravatling sides and may be made at any ttn~. and shall have precedence over all other motions and shall be debatable, Nothing herein a'aal! be con° strued to prevent any rsraher o~ the Council from making or restating the s~m~ or any other motion at a subseqaent meeting of the C~uncilo Sec~ion._S..6: RENA~S OF COUNCII~-~JN AND SYNOPSIS OF DEBATE° A Counci'i~.,~n may request= through the Pres'~ding 0fficer~ the pr].vii~ge of having an abstract of his statement on any subject under consideration by the Council entered in the minutes. I~ the Council consents ~hereto~ such statement sb~ll he entered in the minutes o The Clerk may be d!reated by the Presiding Officers with consent of the Counci!~ to enter in th~ min- utss a synopsis of the diacussion on any question coming regularly before the Council, .S~qtion 5o?: RULES OF ORDER, Except as otherwise provided in this ordinance~ proceedings of the Council shall be governed under '~oborts~ Rules o~ Order" on all nkatters pertain- ing to par!i-~m~ntary law, Section. 5.8_I= FAILURE TO OBSERVE RULES OF ORDER ON DEBATE. action o~ the Council shall be invalidated nor the legality thereof affected by the failure c~ omission to obsen. e o.r. follow the within rules of debate o~' R~bertss Rules of Ord~.r, SECTION 6: ADDRESSING THE.. COUNCIL Secti0.n 6.1: GENERAL° Any person desiring to address the Council shall first secure the permission of the Presiding Officer so to do; provided however, that under the following headings of business, unless the Presiding Officer rules' otherwise, any qualified and interested person shall have the right to address the Council upon obtaining recognition by the Presiding Officer: (a) ..W. ritten Con~m~n~.cations. Interested parties or their auth- orized representatives] my address the Council by written con~m,nication. If copies of said communications are fur- nished, each CouncJl-t~n present~ such written cu~uications need not be read aloud at the meetins unless so ordered by a majority vote of .the Council. (b) Oral Co~unications. ~axpayers or residents of the City or their authorized legal representative may address the Council by oral conmunications-on any matter concerning the Cityss business, or any matter over which the Council has control; provided, however, that preference shall be given to those persons who my have notified the City Clerk in advance of their desire to speak. (c) ...Public. Hearings.. Interested persons or their authorized representatives my address the Council by reading a pro- tests petition, or co-wm,nication relating to matters the subject of public hearing under this categorys and the order of presentation .and the time thereof shall be under the direction and control of the Presiding Officer. Section 6.2: MANNER OF ADDRESSING COUNCIL. Each parson addressing the Council shall'stand and give his name and address in an audible cone of voice for the record, and shell speak into the microphone provided aC all times that the electronic public address system is h operation. All r~ks shell be ad- dressed to the Council as a body and not to any member thereof. No person, other than the Council and person hayinS the floors shall be permitted to enter into any discussion, either directly or through e m~mber of the Councils without the permission of the Presiding Officer. No person shall address or question a Council members the City Attorneys the Director of Public Workss the City Administrator or ocher official at the Council table without the prior consent of the Presiding Officer. Section 6~3: PARTICULAR RULES. (a) Written con~nunicatinns on a particular matter for Council discussion shall be read by the Council at the t4rn~ of such discussion rather than under the agenda item of '~4ritten Connnunicatio~s". (b) Written coMEanicationS from the Administ~ative Staff shall not be read aloud unless requested by the writer or any Count i ] .~ n, (c) Anonymous co~,nications shell noC be read. (d) The Presiding Officer shell not permit any cou=v~nications ~r. itten or orals co be made or read where it does not bear directly on an agenda item then under discussion. (e) After a motion is made by a Countilia-n, no person shall address the Council without first securing the permission of the Council so to do. (f) (Re~erved) .SECTION 7: PUBLIC HE,aA...I~GS SectS, on 7.1: IN GENERAL. The f~llowin'g general rules shall be applicable to all public hearings by the City Council (except hearings on appeal which are not de novo hearings) and to al1 public hearings by the Saratoga ,Planning Conmission until such trine as separate rules are adopted by ordinance for Planning Comission public hearings: (a) 'N0 written co,~,xxication considered after henrinil closed. No written communication received by the Council or Plan- ning Comission after the close of a public hearing shall be read or considered 'in determining the issue in question, unless prior to the close of such hearing the Presiding Of- ficer has specifically directed that such written cations be received. (b) Ref.erral to committee ;.fOr report. Subject to the limita- tions hereafter set forth, the Presiding Officer maT, and on hearings de novo on appeal to the Councii on zoning variances, adJus_~.~hs and use permits the Presiding Officer shall, prior to close of the hearing, refer the nmtter to a connnittee for report and reconnnendation. The hearing shall be continued to such date as the report is ordered filed, and at that future t~f~ the continued hearing shall be re- stricted solely to the point raised in the connnittee report, and thereafter shall be closed. No matter the subject of a public hearing shall be referred to comnittee nor a report therefrom considered by the Counc~_l or Planning Commission after a public hearing is closed, un- less th~ sarna is re-opened on rendJ. tion of the report for the limited purpose, however, of discussing the report. Any matter referred to co~nnittee for report may be acted on without such report if the same is not rendered at the time required. (c) Opportunity to be heard .o.n. 3~roposed conditions. Whenever in the approval of a tentative subdivision map or build- ing site, the granting of a zoning variance or adjus~nent, or of a usa or architeatural and site control permit, con- ditions are imposed or to be imposed, a reasonable opportunity shall be provided the applicant to discuss such proposed conditions and the effect thereof prior to the ~-~position of the same. "Reasonable opportunity" for the purposes of this section shell mean as follows: (1) ~here the matter is referred to tom!tree prior to action thereon, the c~uittee shall discuss any proposed conditions with a representative of app!icant prior to rendition of the report. A copy of such report shall be filed with the City Clerk or Secretary of =he Planning Ca~ission a~ least three days prior to .the date of the continued hearing, or' ..-.. (2) Where the public hearing is closed and a~tion taken directly thereon by the Council or Plaxming Cc~nis- sion without connnittee report, after e motion to approve with conditions and before a second to said motion, a single repreeentatlve of applicant my address the Council and briefly discuss the proposed conditions, ~ or (3)Such other reasonable nmthod in 1,~au thereof as ~ay be ordered by the Presiding Officer. (d) A3~p~licebi!_~Lof rules for Addressing the_.OounC~l.~ In all other respects, th~ rules for addressing the Council shall be applicable to public hearings. Section 7'.~2.* HEARINGS ON ~ FR~ P~ING o~ISSION, ~arin~s de novo on appeal sM11 be conducted in the s~ as re~tred for the o~ig~l h~ring before the Plan- ning C~ission. ~ other than de ~vo h~ringss no m~ber of the public my address the Council save for one sp~r for t~ appellant and one for the respondent~ with a l~i=ation of fifteen (15) ~nutes per side in total, These l~itations my be ~dif~ds c~ed or suspended by resolution of the C~uncil at ~y Section 8,11 BY ~C~ ~ERS, ~ile the ~uncil Is in sessions t~ ~ers rest p=ese~e order ~d deco~m, and a ~er sMll celthers by conversation or o~he~ises dehy or inter~p= proceedi~s or the peace of the ~uncil nor turb any ~ber while spiking or refuse to obey the orders of the Council oT its ~es$ding Officeys except as othe~ise heroin provided. Section..8.2: BY ~R ~ONS~ ~y person raking perso~l~ ~perti- cent o= slanderous r~rks or who s~11 beco~ bois~erous while addressing the C~ncil sMll be fort~ith~ by the Presiding Office=~ barred from further audience before the Councils unless ~;sion to con=lnue be granted by a ~jority vote of the Council, Se.~tion 8.31 COUNCIL ~, ~ile t~ Council Is ~ sessions any person who acts in-a disorderly; cont~euous or insolent ~nner t~ards the Council or any ~uncil mbe= thereors or who bec~s boisterous while add~essing Councll or any Council mmbet t~teof~ which conduct tends to inter~pt the due course of the ~et~g; or any ~mber of the public ~ attendance who failss on demnd of the ~esiding Offi.cers to c~ply ~lth any rile set forth in this ordL~ce in Section 6 or 7 thereof~ oT any order of the ~esiding Of[icer ~de in accord with the authority thin ordi~nce, s~.11 be ~il~y of a misd~meanor. Section 8.~= E;ORC~ OF DE~R~. The San~ Chra C~nty Sheriff and his daputiesa or such one of them as shall be pre- sen=, shall be Sergeant at A~ 'o[ the CounCiI ~eting. ~s or theys shall carry out aI1 orders of ~ ~esidi~ Officer for the pu~ose of ~intaining order and decor~ at the Council Upon ins=~c~$ons from the Presiding Office=s it s~11 be the duty of the Sergeant at Amss or any of th~ presents to place any person who violates the order and deco~m .of ~he ~eting under arrest~ and cause h~ to be prosecuted under the provisions of this ordin~ce~ the c~- plaint to be signed by t~ Presid~g Officer, SECTION 9: ~OaE~ ~ction )..1~ ~y ~eting my either be teminated~ or con~inued a~the= ~, place and/or ~te by adjou~nt, regard- less of ~hether or ~t all totters on the agora, or under dBcnss~.on Mve been covered, acted on or conctMed, ~o~ith- ~tandt.ng t~ abo~ea no ~e=ing shal! ba ~emi~ted before closing all public hearings noticed for tP~t meetings ~i~hout first continu3.ng said public hearings to another =~s place and date. Subjec= to the aboves a ~ion to adj~rn sha~l al~ays be in order and decided debate, Where a meeting is continued to a future dates if either the t.4jne or place, or either of them, is not stated in the order of ad]oura- monte it shall be dee-~d to be at the hour and place specified for regular meetings of the Council~ SBCTIO~ 10: CONSTITUTIONALITY_ Section 1,1: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to b~_ invalid, such decision shall not affect the validity of the r~aining portions of this ordinance. The City ~ouncil of the City of Saratoga hereby de- clares that it would have passed this ordinance and each section, sub- section, sentence~ clause and phrase thereof, irrespective of the fact that any one or more sections, subsectious, seuteuces, clauses or phrases be held invalid or unconstitutional. This ordinance was regularly introduced and after the waiting re~qufred by law was thereafter passed and adopted on the 5th day of April . , 1961, by the following vote: AYES: Brazil, Glennon, Drake, Landill, Hartman NOES: None ABSE[{~ .* .. None i"' t, f:: ',"' 1~ '-'->.~ The above snd forechine is a and . , . copy c,*, (;r¢ir:::,~c~; ::Z~_.. tma correc[ which has been ' ~-..crrY clzitK ~;; pubiisi~ed ?.ccordii-;.', t~; law. '.-t-:,' :'-':7-c-%>c,', ,/z, .. "'-,,',, ,l,*,",-':'Deputy c, it~'"~'i~rk{Date -9-