HomeMy WebLinkAboutAgenda Report - October 16, 2013 J-01AGENDA ITEM J-01
c' �QCOUNCIL COMMUNICATION
9��FOR�
TM
AGENDA TITLE: Ordinance No. 1884 Entitled, "An Ordinance of the Lodi City Council Amending
Lodi Municipal Code Chapter 2.04 — City Council Meetings — by Repealing and
Reenacting Sections 2.04.130, 'Addressing the Council,' and 2.04.150, 'Decorum,'
in Their Entirety"
MEETING DATE:
PREPARED BY:
October 16, 2013
City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1884.
BACKGROUND INFORMATION: Ordinance No. 1884 entitled, "An Ordinance of the Lodi City Council
Amending Lodi Municipal Code Chapter 2.04 — City Council
Meetings — by Repealing and Reenacting Sections 2.04.130,
`Addressing the Council,' and 2.04.150, 'Decorum,' in Their Entirety,"' was introduced at the regular City
Council meeting of October 2, 2013.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required — one to introduce and a second to adopt the
ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introduction or at the time of passage, unless a regular motion
waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT: None.
FUNDING AVAILABLE: None required.
Ran I son
City Clerk
RJO/jmr
Attachment
Bartlam, City Manager
N:\Administration\CLERK\Council\COUNCOM\Ordinancel.DOC
ORDINANCE NO. 1884
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING
LODI MUNICIPAL CODE CHAPTER 2.04 — CITY COUNCIL
MEETINGS — BY REPEALING AND REENACTING SECTIONS
2.04.130, "ADDRESSING THE COUNCIL," AND 2.04.150,
"DECORUM," IN THEIR ENTIRETY
----------------------------------------------------------------------
----------------------------------------------------------------------
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Section 2.04.130, "Addressing the Council," is hereby repealed
and reenacted to read as follows:
2.04.130 - Addressing the Council.
A. Any interested person may, subject to the rules of procedure adopted hereunder, speak on
any item coming before the council. It shall not be required that persons wishing to speak give prior
written notice, but priority shall be given to those who have so notified the city clerk in advance.
B. After a motion is made and seconded, no person shall address the city council without first
securing permission of the council to do so.
C. Remarks by the public shall be made only from the podium. Speakers are requested but not
required to first give their names and addresses for the record. No one shall be permitted to enter
into any discussion without permission of the presiding officer.
SECTION 2. Lodi Municipal Code Section 2.04.150, "Addressing the Council," is hereby repealed
and reenacted to read as follows:
2.04.150 - Decorum.
A. Council Members. While the council is in session, the members must preserve order and
decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the
proceedings or the peace of the council nor disturb any member while speaking or refuse to obey
the orders of the council or its presiding officer, except as otherwise provided by this chapter. Any
member who, after warning by the chair, repeatedly violates these rules may be ejected for the
remainder of the meeting by two-thirds vote of the council.
B. Other Persons. Any person who utters language or engages in conduct that disrupts,
disturbs or otherwise impedes the orderly conduct of any council meeting shall be forthwith, by the
presiding officer, barred from further audience at the meeting before the council, unless permission
to continue is granted by a majority vote of the council.
C. Any violation of this section may be punished as an infraction pursuant to Section 1.08.010
of this code.
SECTION 3. No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the City
so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 4. Severability. If any provision of this ordinance or the application thereof to any person
or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the
ordinance which can be given effect without the invalid provision or application. To this end, the
provisions of this ordinance are severable. The City Council hereby declares that it would have
adopted this ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar as
such conflict may exist.
SECTION 6. This ordinance shall be published pursuant to law and shall become effective 30 days
from the date of passage and adoption.
AT CIML--O
�iRA DLSON
City Clerk
State of California
County of San Joaquin, ss.
Approved this 16th day of October, 2013
LARRY HAN$EN
COUNCIL MEMBER
I, Randi Johl-Olson, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1884 was
introduced at a regular meeting of the City Council of the City of Lodi held October 2, 2013, and was
thereafter passed, adopted, and ordered to print at a regular meeting of said Council held October
16, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, and Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Katzakian and Mayor Nakanishi
ABSTAIN: COUNCIL MEMBERS — None
further certify that Ordinance No. 1884 was approved and—signed by the Mayor on the date of its
passage and the same has been published pursuant aw.
s
DI JOH - LSON
City C er
,"—'Approved to Fo m:
D. STEPHEN SCHWABAUER
City Attorney
2