RESOLUTION NO. ____-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW ADOPTING
AND ESTABLISHING RULES FOR THE CONDUCT OF ITS MEETINGS, PROCEEDINGS AND BUSINESS AND REPEALING RESOLUTION NO. 4647-2011 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The Council of the City of Barstow does hereby adopt and establish the following rules for the conduct of its meetings, proceedings, and business:
I.
MEETINGS
A. Regular Meetings. Regular meetings of the Council shall be held, without notice, on the first and third Monday of each month. The meeting shall commence at 7:00 p.m. in the Council Chambers in the City Hall of the City of Barstow located at 220 East Mountain View, Barstow, California, or at such other place as the Council may from time to time prescribe.
B. Consecutive Meetings. The City Council establishes the alternative to hold consecutive or joint meetings with other agencies that the City Council officiates as the Governing Board. Meetings will begin at the regularly scheduled meeting time of the City Council unless the City Council designates a different time when required.
C. Study Session. Study sessions may be called by a majority of the City Council at such times as the Council deems necessary. Study sessions shall be for the purpose of hearing reports from staff or other persons. No official action shall be taken at the study session.
D. Cancellation. Any meeting of the Council may be cancelled in advance by a majority vote of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have confirmed in writing their unavailability to attend a meeting.
E. Adjournment. Meetings shall adjourn at 11:00 p.m. unless a majority vote of the Council to continue past the 11:00 p.m. deadline suspends the rule.
F. Chair. The Mayor shall preside over all Council meetings. In his/her absence, the Mayor Pro-Tem shall serve as presiding officer.
G. Agenda. The Agenda shall be prepared at the direction of the City Manager and approved by the Mayor. A copy of the agenda shall be posted at least 72 hours prior to each regular meeting. In addition, a copy of the agenda with appropriate supporting documentation shall be available at City Hall during normal business hours for public inspection. All items to be placed on the City Council Agenda shall be received by the
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City Clerk by no later than 12:00 P.M. on Monday prior to the regular Council meeting on the following Monday. Members of the City Council may place items on the agenda with the concurrence of a second council member, subject to the agenda deadlines in this section.
H. Record of Proceedings. All hearings may be taped (or other process) and the minutes of such proceedings will be prepared in a summarized form. All exhibits and staff reports will be permanently maintained. An adequate record of both administrative and legislative hearing shall be prepared in contested matters, if any party makes a written request therefore, to the City Manager, prior to the day set for such hearing. The cost of such record shall be borne by the requesting party, in an amount to be set by the City Clerk; a deposit may be required in advance, in the discretion of the City Manager.
II.
ORDER OF BUSINESS
The order of business for regular, adjourned or special meetings shall be as follows:
1. Call to Order, Invocation, Pledge of Allegiance
2. Roll Call
3. Review and Approval of the Agenda
4. Presentations (if desired)
5. Consent Calendar and Consent Calendar Public Comment
6. Discussion/Action on Deferred Items
7. Public Hearing (as necessary)
8. Business of the Council/Council Committee Reports
9. Staff Reports
10. Police Chief Comments
11. Fire Chief Comments
12. City Manager/District Manager Comments
13. Business/Action Items
14. General, Non-Agenda Public Comment
15. Adjournment
Items may be placed on the Consent Calendar at the discretion of the City Manager. All items listed on the Consent Calendar are considered to be routine and will be enacted by one roll call vote. There may be separate discussions of these items when a member of the City Council requests that any specific item be removed from the Consent Calendar for separate action or a member of the audience has submitted a request to speak. Any items removed from the Consent Calendar will be considered either at the conclusion of the Consent Calendar or at such time as convenient to the Mayor and Council.
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III.
RULES OF CONDUCT
A. The City Council hereby adopts as its rules of conduct for all City Council meetings, “Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century,” (“Rules”) attached hereto and incorporated by reference herein as Exhibit “A”.
B. The attached Rules are modified to the extent that all motions shall be passed by a simple majority vote of the City Council, except where a super-majority vote is required pursuant to State law.
C. Authority of the Chair. Subject to appeal, the chair shall have the authority to prevent the misuse of the legitimate form of motions, or the abuse of privilege of renewing certain motions, to obstruct the business of the Council by ruling such motions out of order. In so ruling, the chair shall be courteous and fair and should presume that the moving party is making the motion in good faith.
D. Public Hearings. Matters which are required to be heard at a noticed public hearing shall be conducted in the following manner:
1. Time for Consideration. Matters noticed to be heard by the Council shall commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made.
2. Continuance of Hearings. Any hearing being held or noticed or ordered to be held by the Council at any meeting of the Council may, by order or notice of continuance, be continued or continued again to any subsequent meeting in the manner provided herein for adjourned meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or notice of continuance was adopted or made.
3. Public Discussion at Hearings. When a matter for public hearing comes before the Council, the Mayor shall open the public hearing. Upon opening the public hearing and before any motion is adopted related to the merits of the issue to be heard, the Mayor shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present evidence respecting the matter. Any person desiring to speak or present evidence shall make his/her presence known to the Mayor and upon evidence relevant to the matter being heard. No person may speak without first being recognized by the Mayor. Members of the Council who wish to ask questions of the speakers or each other, during the public hearing portion may do so but only after first being recognized by the Mayor. The Mayor shall conduct the meeting in such a manner as to afford due process.
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All persons interested in the matter being heard by Council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the City Clerk as part of the Clerk’s record.
Time limits may be established by the Council, limiting the duration of presentations as set forth in these rules. No person shall be permitted during the hearing, to speak about matters or present evidence which are not germane to the matter being considered. A determination of relevance shall be made by the Mayor, but may be appealed as set forth in these rules.
4. Consideration of Question by Council. After all members of the public desiring to speak upon the subject of the hearing have been given an opportunity to do so, the public hearing shall be closed by the Mayor and Council may consider what disposition they wish to make of the question or questions presented at the hearing. No member of the public shall be allowed to speak further on the questions during this period of deliberation, unless the majority of the Council vote to re-open the public hearing. Council members may also ask questions of the speakers, if so desired. At the conclusion of the Council discussion, and appropriate motion having been made and seconded, the Council shall vote on the matter.
E. Chair. The Mayor shall preside over all Council meetings. In his/her absence the Mayor pro tem shall serve as presiding officer. The Mayor may change the order of business or order for consideration of any item if convenient for the efficient conduct of the meeting.
F. Attendance by the public. Except as specifically provided by law for closed session, all meetings of the Council shall be open and public. All persons desiring to attend shall be permitted to attend any meeting. In the event any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by removal of the offending individual or individuals, the Council may order the meeting room cleared and continue in session.
Representatives of the press, unless participating in the disturbance, shall be allowed to attend such session, and nothing shall prohibit the Council from readmitting individuals not responsible for the disturbance.
G. Public Participation. Any person may speak on any item pertaining to municipal affairs during the public comment period of the meeting. The Mayor shall also permit any person to address the City Council during each agenda item. Each member of the public wishing to address the City Council shall submit a “Request to Speak” form to the City Clerk. Persons addressing the City Council shall state their name and address and direct their comments to the Mayor and not to staff, the news representatives or the audience.
SECTION 2. Resolution No. 4641-2011 is hereby repealed in its entirety.
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PASSED, APPROVED AND ADOPTED this 20th day of, June, 2022. ________________________________
Paul Anthony Courtney, Dr.,B.A.
Mayor
ATTEST:
________________________________
Andrea Flores
City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and ex officio Clerk of the City Council of the City of Barstow, DO HEREBY CERTIFY under penalty of perjury that the foregoing is a true and correct copy of Resolution No. XXXX-2022 of said City which was adopted at a regular meeting of said Council held on the 20th day of June, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Andrea Flores
City Clerk
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