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Item 21 Staff Report Adopt Ordinance Amending in its Entirety Section 2.20.020 of the Town Code to Address Willfull Interruptions of Meetings and Rules for Conductf MEETING DATE: 11/06/99 ITEM NO. COUNCIL AGENDA REPORT DATE: October 19, 2000 TO: MAYOR AND TOWN COUNCIL FROM: ORRY P. KORB, TOWN ATTORNEYO, SUBJECT ADOPT ORDINANCE AMENDING IN ITS ENTIRETY SECTION 2.20.020 OF THE TOWN CODE TO ADDRESS WILLFUL INTERRUPTIONS OF MEETINGS AND RULES FOR CONDUCT RECOMMENDATION: 1. Adopt ordinance that was introduced at the Council meeting of October 16, 2000. 2. Instruct the Clerk to either: (a) publish the ordinance within 15 days after adoption, or (b) publish a summary no more than 15 days after adoption (if summary published before adoption). DISCUSSION: On October 16, 2000 the Council introduced Attachment 1, which adds language to Town Code Section 2.20.020 prohibiting willful interruptions of meetings of the Town Council. Attachments: 1. Ordinance PREPARED BY:jRRY P. KORB, TOWN ATTORNEY OPK:LMB/wp IN:\ATYIDECOR.TCR] Reviewed by anager Revised: 10/19/00 3:13 pm Reformatted: 7/19/99 File# 301-05 ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING IN ITS ENTIRETY SECTION 2.20.020 TO ADDRESS WILLFUL INTERRUPTIONS OF MEETINGS AND RULES FOR CONDUCT THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 2.20.020 is amended in its entirety to read as follows: Sec. 2.20.020. Same —Interruptions and rules for conduct. (a) Understanding that the purpose of the meetings of the Town Council is to conduct the people's business for the benefit of all the people, in the event that any meeting of the Town Council is willfully interrupted by a person or group of persons so as to render the orderly conduct of the meeting impossible, the Mayor, Vice -Mayor or any other member of the Town Council acting as the chair, may order the removal of the person or persons responsible for the disruption and bar them from further attendance at the Council meeting, or otherwise proceed pursuant to Government Code § 54957.9 or any applicable penal statute or Town ordinance. For purposes of these rules "willfully interrupt" includes, but is not limited to, doing any of the following after being directed by the chair to cease and being warned that continuing to do so will be a violation of law: (1) Addressing the Town Council without first being recognized. (2) Persisting in addressing a subject or subjects other than that before the Town Council. (3) Repetitiously addressing the same subject. (4) Continuing to speak after the allotted time has expired. (5) Failing to relinquish the podium when directed to do so. (6) As a speaker, interrupting or attempting to interrupt members of the Town Council or members of the Town staff. (7) From the audience, interrupting or attempting to interrupt, a speaker, members of the Town Council or members of the Town staff, or shouting or attempting to shout over a speaker, members of the Town Council or members of the Town staff, or displays such as clapping, stamping, loud talking, hissing and booing. (8) Violations of rules of conduct established by the Town Council. (b) The Town Council may establish rules for the conduct of its proceedings by resolution. (c) Nothing in this section or any rules of conduct that may be adopted by the Town Council shall be construed to prohibit public criticism of the policies, procedures, programs or services of the Town or of the acts or omissions of the Town Council or Town staff. (d) Any person who violates any of the provisions of this Section 2.20.020 shall be guilty of a misdemeanor. (e) If any subsection, sentence, clause or phrase of this Section 2.20.020 is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The Town Council hereby declares that it would have passed this Section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more subsections, sections, clauses or phrases had been declared invalid or unconstitutional. SECTION II This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 2000 and adopted by the following vote as an Ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on , 2000. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\ATY1DECORUM.ORD n n ORDINANCE 2074 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING IN ITS ENTIRETY SECTION 2.20.020 TO ADDRESS WILLFUL INTERRUPTIONS OF MEETINGS AND RULES FOR CONDUCT THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 2.20.020 is amended in its entirety to read as follows: Sec. 2.20.020. Same —Interruptions and rules for conduct. (a) Understanding that the purpose of the meetings of the Town Council is to conduct the people's business for the benefit of all the people, in the event that any meeting of the Town Council is willfully interrupted by a person or group of persons so as to render the orderly conduct of the meeting impossible, the Mayor, Vice -Mayor or any other member of the Town Council acting as the chair, may order the removal of the person or persons responsible for the disruption and bar them from further attendance at the Council meeting, or otherwise proceed pursuant to Government Code §54957.9 or any applicable penal statute or Town ordinance. For purposes of these rules "willfully interrupt" includes, but is not limited to, doing any of the following after being directed by the chair to cease and being warned that continuing to do so will be a violation of law: (1) Addressing the Town Council without first being recognized. (2) Persisting in addressing a subject or subjects other than that before the Town Council. (3) Repetitiously addressing the same subject. (4) Continuing to speak after the allotted time has expired. (5) Failing to relinquish the podium when directed to do so. (6) As a speaker, interrupting or attempting to interrupt members of the Town Council or members of the Town staff. (7) From the audience, interrupting or attempting to interrupt, a speaker, members of the Town Council or members of the Town staff, or shouting or attempting to shout over a speaker, members of the Town Council or members of the Town staff, or displays such as clapping, stamping, loud talking, hissing and booing. (8) Violations of rules of conduct established by the Town Council. rTh n (b) The Town Council may establish rules for the conduct of its proceedings by resolution. (c) Nothing in this section or any rules of conduct that may be adopted by the Town Council shall be construed to prohibit public criticism of the policies, procedures, programs or services of the Town or of the acts or omissions of the Town Council or Town staff. (d) Any person who violates any of the provisions of this Section 2.20.020 shall be guilty of a misdemeanor. (e) If any subsection, sentence, clause or phrase of this Section 2.20.020 is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The Town Council hereby declares that it would have passed this Section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more subsections, sections, clauses or phrases had been declared invalid or unconstitutional. SECTION II This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on October 16, 2000 and adopted by the following vote as an Ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on November 6, 2000. This Ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Pirzynski, Mayor Steve Blanton. NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Steve Blanton MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA SAMarLyn Town Council Minutes November 6, 2000 Redevelopment Agency Los Gatos, California SITE APPLICATION TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE ON PROPERTY ZONED BR-2 1/2. Carried unanimously. WILLFUL INTERRUPTIONS OF MEETINGS/RULES FOR CONDUCT/ORDINANCE 2074 (21.12) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Ordinance 2074 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING IN ITS ENTIRETY SECTION 2.20.020 TO ADDRESS WILLFUL INTERRUPTIONS OF MEETINGS AND RULES FOR CONDUCT. Carried unanimously. CAPITAL IMPROVEMENT PROGRAM/QUARTERLY REPORT '(22.09) Motion by Mrs Lubeck, seconded by Mr. Hutchins, that Council accept and file informational report on the quarterly status of the Capital Improvement Program. Carried unanimously. VERBAL COMMUNICATIONS General Town Review: Ray Davis, resident, gave a general review of the Town Council and spoke concerning Item 21. SAFE ROUTES TO SCHOOL GRANT/RESOLUTION 2000-133 (23.41) The following people made a presentation regarding Safe Routes to School: Barbara Nesbit, spoke in support of traffic control for Daves Ave.safety. Ray Davis, resident spoke about ladder striping for the painted crosswalk. Erin Garner, 15936 Barry Lane, Monte Sereno, spoke in support of Safe routes to School Grant. Doug and Sherri McNeil, 17413 Pleasant View Ave, showed graphs and traffic patterns at the Daves, Farley, Winchester intersection. Marc Jensen, 120 Oak Rim Way, #1, supported the grant application for Safe Routes to School. Philip Levine, 15813 Poppy Lane, spoke in support of traffic safety at Daves and Winchester. No one else from the audience addressed this issue. Motion by Mr. Pirzynski, seconded by Mr. Hutchins, that Council adopt Resolution 2000-133 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO SUBMIT THE ATTACHED APPLICATION FOR A SAFE ROUTES TO SCHOOL GRANT TO DEVELOP AND IMPLEMENT A TRAFFIC CALMING/SPEED REDUCTION PLAN FOR WINCHESTER BOULEVARD IN THE VICINITY OF DAVES AVENUE. Carried unanimously. PUBLIC HEARINGS MURAL PROJECT/LOS GATOS MAIN STREET BRIDGE (24.28) Mayor Blanton announced that this was the time and place so noted for public hearing to consider approving the Arts Commission recommendation to proceed with the Los Gatos Main Street Bridge TC: D 11: MM 110600 4 PROOF OF PU CATION (2015.5 C.C.P.) State of California County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and not party to or interested in the above entitled matter. I am the principal clerk of the printer of the: Los Gatos Weekly -Times, 245 Almendra Avenue, Los Gatos, California, 95o3i, a newspaper of general circulation, printed every Wednesday in the City of San Jose, State of California, County of Santa Clara, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Santa Clara, State of California, Case Number 83631 dated May 27, 1952 that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said Newspaper and not in any supplement thereof on the following dates, to Wit: IJ�,ptairo I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: -i.t \/1.M N f ,_oZ at San Jose, California I Kathy W ghtson Filing Stamp PROOF OF PUBLICATION ORDINANCE 2074 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING IN ITS ENTIRETY SECTION 2.20.020 TO ADDRESS WILL- FUL INTERRUPTIONS OF MEET- INGS AND RULES FOR CON- DUCT THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN AS FOL- LOWS: SECTION I Section 2.20.020 is amended in its entirety to read as follows: Sec. 2.20.020. Same -Interruptions and rules For conduct. i(a) Understanding that the 1 purpose of the meetings of the r Town Council is to conduct the people's business for the ben- , efit of all the people, in the event that any meeting of the Town Council is willfully inter- rupted by a person or group of persons so as to render the orderly conduct of the meeting impossible, the Mayor, Vice - Mayor or any other member of the Town Council acting as the chair, may order the removal of the person or persons respon- sible for the disruption and bar them from further attendance at the Council meeting, or oth- erwise proceed pursuant to Government Code §54957.9 or any applicable penal statute or Town ordinance. For purposes of these rules "willfully inter- rupt" includes, but is not limit- ed to, doing any of the follow- ing after being directed by the chair to cease and being warned that continuing to do so will be a violation of law: 1. Addressing the Town Council without first being recognized. 2. Persisting in addressing a subject or subjects other than that before the Town Council. 3. Repetitiously addressing the same subject. 4. Continuing to speak after the allotted time has expired. 5. Failing to relinquish the podi- um when directed to do so. 6. As a speaker, interrupting or attempting to interrupt mem- bers of the Town Council or members of the Town staff. Z From the audience, inter- rupting or attempting to inter- rupt, a speaker, members of the Town Council or members of the Town staff, or shouting or attempting to shout over a speaker, members of the Town Council or members of the Town staff, or displays such as clapping, stamping, loud talk- ing, hissing and booing. 8. Violations of rules of con- duct established by the Town Council. (b) The Town Council may establish rules for the conduct of its proceedings by resolu- tion. (c) Nothing in this section or any rules of conduct that may be adopted by the Town Council shall be construed to prohibit public criticism of the policies, procedures, programs or services of the Town or of the acts or omissions of the Town Council or Town staff. (d) Any person who violates any of the provisions of this Section 2.20.020 shall be guilty of a misdemeanor. (e) If any subsection, sentence, clause or phrase of this Section 2.20.020 is for any reason held to be invalid or unconstitution- al, such decision shall not affect the validity of the remaining portions of this Section. The Town Council hereby declares that it would have passed this Section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more subsec- tions, sections, clauses or phrases had been declared invalid or unconstitutional. SECTION II This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on October 16, 2000 and adopted by the following vote as an Ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on November 6, 2000. This Ordinance takes effect 30days after it is adopted. COUNCIL MEMBERS: AYES: Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Pirzynski and Mayor Blanton. NAYS: ABSENT: ABSTAIN: SIGNED: /s/ Steve Blanton/ MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove/ CLERK OF THE TOWN OF L05 GATOS LOS GATOS, CALIFORNIA (Pub LG 11/15/00)