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Home My WebLink About38.112 ORDINANCE NO. 3B. ] ] 2 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING AND REPEALING CERTAIN SECTIONS OF CHAPTER 2, ARTICLE II AND ARTICLE V OF THE SARATOGA CITY CODE RELATING TO MEETINGS AND PROCEDURES OF THE CITY COUNCIL AND PLANNING COMMISSION The City Council of the City of Saratoga does ordain as follows: Section 1: Chapter 2, Article II, Section 2-4 of the Saratoga City Code is amended in its entirety to read as follows: "Sec. 2-4. Regular meetings. The regular meetings of the city council shall be held on the first and third Wednesdays of each month unless such date be a holiday, in which case such meeting shall be held. on the day following which is not a holiday. The time of regular meetings shall be fixed by resolution of the city council, and the place of such meetings shall be the Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California." Section 2: Chapter 2, Article II, Section 2-5 of the Saratoga City Code is amended in its entirety to read as follows: "Sec. 2-5. A~endas; submitting matters not included on agenda. The city clerk shall prepare an agenda of all matters to be submitted to the city council at its regular meeting and shall furnish each member of the city council, the city manager, the city attorney and each department head with a copy of the same prior to the council meeting. The city council shall, by resolution, establish procedures and time requirements for delivery to the city clerk of reports, ordinances, resolutions, contracts, communications and other documents to be considered by the city council at its regular meetings. A copy of such procedures and time requirements shall be furnished to each department head and conspicuously posted within city hall at locations observable by members of the public. Except as otherwise provided in this article, no matter not included on the agenda may be presented to the council without first obtaining the consent of at least four (4) council members present at the meeting." Section 3: Chapter 2, Article II, Sections 2-6 and 2-7 are hereby repealed and the following provision is enacted in place thereof, to be designated as Section 2- 6, with Section 2-7 being reserved for future use: "Sec. 2-6. Order of business. -1- The business of the city council shall be taken up for consideration during its regular meetings in such order as shall be determined by resolution of the city council. The regular order of business may, for any particular meeting, be suspended for any purpose by the presiding officer with the consent of a majority of council members present at the meeting." Section 4: Chapter 2, Article II, Section 2-16 is amended in its entirety to read as follows: "See. 2-16. Procedure in considering ordinances~ resolutions and other matters requiring action by the city council. In consideration of matters requiring action by the city council, the following procedure shall be observed: (a) Ordinances, resolutions and other matters requiring action by the city council must be introduced and sponsored by a member of the city council; except that the mayor, city manager or city attorney may present the same and any council member may assume the sponsorship thereof by moving that such ordinance, resolution or other matter be adopted. (b) An ordinance may be introduced by the reading of title only. Except when, after reading the title, further reading is waived by regular motion adopted by unanimus vote of the council members present at the meeting, all ordinances shall be read in full either at the time of introduction or passage. (c) Resolutions may be presented in written or oral form. Where written, the resolution need only be read by title and number prior to action thereon, and only the motion adopting it need appear in the minutes. Where oral, the same' shall be stated in full by the moving party, and if adopted, shall either be transcribed in full in the minutes or thereafter be reduced to written form separate from the minutes, executed by the presiding officer and attested by the city clerk. (d) A motion failing to receive a second shall be deemed a rejection thereof by the city council and no further vote shall be taken thereon. (e) All motions shall be entered in the minutes, including motions failing for lack of a second, with the name of the council member making the motion and, if a vote is taken thereon, the names of the council members voting in favor of and in opposition to the motion." Section 5: Chapter 2, Article II, Section 2-17 is amended to read as follows: "Sec. 2-17. Rules of debate. The following rules shall be observed in debate in the city council: -2- (a) Presiding officer may debate. The mayor or such other member of the city council as may be acting as presiding officer may move, second and debate from the chair, subject only to such limitatins of debate as are imposed by this section upon all members. The presiding officer shall not be deprived of any of the rights and privileges of a council member by reason of being mayor or acting as presiding officer. (b) Getting the floor. Every council member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine all remarks to the question under debate. (c) Interruptions. A council member, once recognized, shall not be interrupted when speaking unless ii be on a point of order or as otherwise provided in this article. If a point of order is raised while a council member is speaking, the council member shall cease speaking until the question of order is determined and, if in order, the council member shall be permitted to proceed. (d) Closing debate. Debate on any matter may be closed upon motion adopted by a majority of council members present at the meeting. (e) Motion to reconsider. A motion to reconsider actions taken by the city council can be made only by a council member on the prevailing side, but may be seconded by any council member. A motion to reconsider the passage of an ordinance or the granting by the city council of an application or request by any person for a permit, license, right, privilege, approval or contract shall be made only during the meeting, or at a recessed or adjourned session thereof, at which the action was taken; otherwise, such motion may be made at any time. If the motion is made and adopted at a subsequent meeting, the action to be reconsidered shall be agendized for the next regular meeting of the city council unless a request for reconsideration has been included and specifically identified on the agenda for the meeting at which the motion is adopted, in which case the city council may act on the matter to be reconsidered at such meeting. Nothing herein shall extend the statute of limitations applicable to any action taken by the city council. (f) Remarks of council members entered in minutes. A council member may request the privilege of having an abstract of his statement on any subject under consideration by the city council entered in the minutes and upon the consent of a majority of council members present at the meeting, such statement shall be so entered in the minutes by the city clerk. (g) Rules of order. Except as otherwise provided in this article, proceedings of the city council shall be governed under Roberts' Rules of Order on all matters pertaining to parliamentary law. No action of the city council shall be invalidated nor the legality thereof affected by the failure or omission to observe or follow the rules of debate or Roberts' Rules of Order as provided in this section." -3- Section 6: Chapter 2, Article II, Sections 2-21, 2-22 and 2-24 are hereby repealed. Section 7: Chapter 2, Article V, Section 2-43 is amended to read as follows: "See. 2-43. Rules of procedure applicable to planning commission. In proceedings before the city planning commission, Sections 2-16(b), 2- 16(c), 2-16(d), 2-16(e), 2-17, 2-18, 2-19 and 2-20 of this Chapter shall be applicable. As so applied to the planning commission, all references therein to the city council or council member shall be deemed td mean planning commission or commissioner; all references therein to the mayor shall be deemed to mean the chairman of the planning commission; and all references therein to the city clerk shall be deemed to mean the secretary of the planning commission." Section 8: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The city counci.] of the City of Saratoga hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections~ subsections, sentences, clauses or phrases be held invalid or unconstitutional. Section 9: This ordinance shall become effective thirty (30) days from and after the date of its passage and adoption. -4- The foregoing ordinance was regularly introduced and after waiting the time required by law, was thereafter passed and adopted at a regular meeting of the City Council of the City of Saratoga on the 7Lh day of Septeraker , 1983, by the following vote: AYES: Councilmembers Clevenger,- Fanelli, Mallory and Mayor Moyles NOES: None ABSENT: Councilmember Call0n ATTEST: City Clerk The above and foregoing' is a true and correct copy ol Ordinance 3F.//e.- which ha~ been published accot~ding to law.' it j~r