This chapter establishes City Council procedures. It applies to all regular and special meetings of the City Council, while sitting as the City Council or as another legal body that does not have independent procedural rules. In addition, Sections
2.12.020,
2.12.030,
2.12.050, and
2.12.070 through
2.12.160 apply to all meetings and public hearings before all City boards and commissions created pursuant to this municipal code.
The meanings of the terms "Mayor," "City Council," "Councilmember,"
and "City Clerk" include the corresponding positions of other boards
and commissions when this chapter applies to them.
(Ord. 825 § 2, 1990; Ord. 2003-999 § 1; Ord. 2008-1073 § 1)
A. For
purposes of this chapter, "meeting" means the gathering together of
three or more members of the City Council, or a majority of the total
members of a board or commission, at the time and place established
by ordinance, resolution, or motion for regular or adjourned meetings,
or at such other time and place authorized by law for special or emergency
meetings, so that the members may act in their official capacities
to make decisions, commitments or promises. The term also includes
all meanings given to it by legislative or final appellate court definitions.
B. All
meetings must be open and public, with the exception that the City
Council may hold closed sessions from which the public may be excluded
when specifically authorized by the laws of the State of California.
This chapter incorporates the Ralph M. Brown Act (
Government Code
Section 54950 et seq.) by reference and all provisions herein shall
be construed in a manner consistent with its terms.
C. "Quorum"
means three or more members of the City Council or a majority of the
total members of a board or commission. If a quorum is present, regular
business may be transacted.
D. Councilmembers
are expected to attend all City Council meetings. If, without permission,
a Council-member fails to attend all regular City Council meetings
for 60 consecutive days after the last regular meeting the Councilmember
attended, that office becomes vacant and will be filled as any other
vacancy.
E. If less than a quorum is gathered at the time and place and for the purpose of conducting a meeting, the Councilmembers who are present must adjourn under Section
2.12.050.
F. A Councilmember
who is present at a meeting but abstains from one or more votes will
be counted for purposes of constituting a quorum.
G. A Councilmember
who is disqualified from voting by law will not be counted for purposes
of constituting a quorum. If a Councilmember with a disqualifying
interest is legally required to vote under the rule of necessity,
their participation shall be counted towards the quorum.
(Ord. 825 § 2, 1990; Ord. 2003-999 § 1; Ord. 2008-1073 § 1)
The failure to observe the procedures in this chapter does not
invalidate any action that is otherwise lawful and is defective only
for failure to follow the procedure.
(Ord. 825 § 2, 1990; Ord. 2003-999 § 1; Ord. 2008-1073 § 1)
A. Unless
otherwise specified by resolution, the City Council must hold regular
meetings on the first and third Wednesdays of each month at an hour
to be set by resolution. Regular meetings will be held in the Council
Chambers at City Hall, 825 Imperial Beach Boulevard, Imperial Beach,
or at another place within the City limits to which the meeting may
be adjourned.
B. When
the day for any regular meeting falls on a legal holiday, no meeting
will be held that day.
C. The
Mayor or any three members of the City Council may call a special
meeting at any time by delivering written notice to each Councilmember
and to each local newspaper of general circulation, radio and television
station that requests notice. The delivery must be made at least 24
hours before the meeting time specified in the notice. The notice
must be posted at least 24 hours prior to the special meeting in a
location that is freely accessible to members of the public.
1. The
notice must specify the time and place of the special meeting and
the business to be transacted.
2. No
business other than the business specified in the notice may be considered
at the special meeting.
3. Written
notice to any Councilmember may be dispensed with if, at, or prior
to the time the meeting convenes, the Councilmember files with the
City Clerk a written waiver of notice.
4. Proper
notice is deemed received by any Councilmember who is actually present
at the meeting at the time it convenes.
(Ord. 825 § 2, 1990; Ord. 2003-999 § 1; Ord. 2008-1073 § 1)
A. A meeting
may be terminated or continued to another time, place, or date by
adjournment, regardless of whether or not all matters on the agenda
or under discussion have been acted on or concluded. No meeting may
be terminated before all public hearings for that meeting are closed
or continued to another time, place and date. A motion to adjourn
is always in order and must be decided without debate.
B. No meeting
may be adjourned to a date beyond the next regular meeting. When a
meeting is continued to a future date, if either the time or place
is not stated in the order of adjournment, it is deemed to be at the
time or place specified for regular meetings of the Council.
C. If less
than a quorum appears at a regular meeting, the present Councilmembers
must adjourn the meeting to a stated day and time. If no Councilmembers
are present, the City Clerk must adjourn the meeting to a stated day
and time. The City Clerk must deliver written notice of an adjournment
to each Councilmember at least three hours before the adjourned meeting
is held and must post the notice within 24 hours after the adjournment.
D. Once
adjourned, a meeting may not be reconvened.
(Ord. 825 § 2, 1990; Ord. 2003-999 § 1; Ord. 2008-1073 § 1)
A. All
agenda items must be filed with the City Clerk by noon on the Wednesday
preceding the regular meeting. All reports, communications, ordinances,
contract documents, and other matters to be submitted to the City
Council must be delivered to the City Clerk by 5:00 p.m. on the Wednesday
preceding the regular meeting. Whenever feasible, each item on the
agenda must contain a staff recommendation and the specific action
requested of the City Council. The agenda must be made available to
the public when it is made available to the City Council.
B. No matters
other than those listed on the agenda may be finally acted upon by
the City Council. How-ever, matters not on the agenda may be submitted
for City Council consideration and action pursuant to state law or
under any of the following conditions:
1. Upon
a determination by a majority vote of the City Council that an emergency
situation exists, as defined in
Government Code Section 54956.5;
2. Upon
a determination by a two-thirds vote of the City Council, or if less
than two-thirds of the Councilmembers are present, a unanimous vote
of those Councilmembers present, that there is an immediate need to
take action and that the need to take action came to the City's attention
after the agenda was posted; or
3. The
item was posted for a prior meeting of the City Council, which occurred
not more than five calendar days before, and at that prior meeting,
the item was continued to the meeting at which action is being taken.
C. The
regular order of business may be changed or suspended for any purpose
at any meeting by majority vote.
(Ord. 825 § 2, 1990; Ord. 2003-999 § 1; Ord. 2008-1073 § 1)
A. The
minutes are a clear and concise statement of each and every City Council
action, including the motions made and the votes on them. The reasons
for a motion, voting, Council debate, and audience comments and reactions
are generally irrelevant for purposes of the minutes. The City Clerk
determines the scope and format for the minutes of all meetings, including
those of boards and commissions, and has exclusive responsibility
for preparing the minutes. Changes in the minutes may be made only
by action of the City Council.
B. Minutes
may be approved without a reading if the City Clerk has previously
furnished each Councilmember with a copy.
C. Records
of each closed session of the City Council must be kept as required
by state law.
(Ord. 825 § 2, 1990; Ord. 2003-999 § 1; Ord. 2008-1073 § 1)
A. The
Mayor is the presiding officer at all City Council meetings. In the
absence of the Mayor, the Mayor pro tempore is the presiding officer
and shall perform all duties of the Mayor under this chapter in the
Mayor's absence. In the absence of the Mayor and the Mayor pro tempore,
the City Clerk will call the Council to order, and the Councilmembers
who are present will elect a temporary presiding officer, who will
serve until the arrival of the Mayor or Mayor pro tempore or until
adjournment.
B. The
Mayor must sign all ordinances and resolutions. All other documents
shall be signed by the Mayor or the Mayor's designee as determined
by the action of the City Council. The Mayor must preserve strict
order and decorum at all regular and special meetings of the Council.
The Mayor must state, or call upon the Clerk to state, every question
before the City Council, call for the vote, and announce the decision
of the City Council on all subjects. The Mayor decides all questions
of order, including recess or adjournment of the meeting; however,
if any Councilmember appeals a decision, a majority vote of the City
Council will govern and conclusively determine that question of order,
including recess or adjournment.
C. The
Mayor has the power, authority, and discretion to do the following
without a vote of the City Council:
1. Set
time limits on City Council discussions of any matter;
2. Set
time limits on communications from members of the public to the City
Council. No member of the public may address the City Council for
more than three minutes on any agenda item without the consent of
the Mayor;
3. Declare
the opening of public hearings;
4. Rule
that any motion on a subject not on the agenda is out of order, in
which case the motion becomes void;
5. Table
any motion on any matter until the next regular or special City Council
meeting, whenever the City Attorney advises that there is a question
as to the validity or constitutionality of a proposed course of action;
6. Require
that any witness testifying to facts at any public hearing be sworn
before proceeding further with testimony;
7. Rule
any speaker out of order, terminate any person's communication with
the City Council, or declare a recess in order to establish order
at any meeting;
8. Move,
second, and debate, subject only to the limitations of debate that
are imposed on all Councilmembers;
9. Open,
recess and close all Council meetings.
D. The
Mayor may not be deprived of any of the rights and privileges of a
Councilmember by reason of being Mayor or acting as the presiding
officer.
E. The
Mayor has and may exercise all other powers and duties as are authorized
by law.
(Ord. 825 § 2, 1990; Ord. 838 § 1, 1991; Ord. 2003-999 § 1; Ord. 2008-1073 § 1)
A. The
term "hearing" includes all public hearings required by federal, state
or local law, employee disciplinary proceedings, and proceedings for
the revocation, suspension, or reinstatement of permits, licenses,
and franchises.
B. Public
hearings are conducted in the following order:
1. Hearing
opened by the Mayor;
3. Public
comments received;
4. Hearing
closed by majority vote;
5. Deliberation
by the City Council; and
6. Action
taken by majority vote.
C. At the
time and place designated in the notice, the City Council must afford
any interested person or that person's authorized representative,
or both, the opportunity to present witnesses, documentary evidence,
statements, arguments or contentions, orally or in writing, subject
to the rules in this chapter.
D. All
statements, documents, exhibits, communications, petitions, maps,
and other items submitted at the hearing may be considered by the
City Council as evidence and, in that event, retained as part of the
record. Whenever practical, a written staff report must be prepared
and presented as part of the staff presentation. Evidence may not
be taken outside the Council Chambers and may not be considered by
the City Council, except when, during the hearing, the meeting is
adjourned to a particular place and time for the purpose of taking
visual or demonstrative evidence.
E. If a
Councilmember is absent for a hearing that is continued to a subsequent
meeting, that Councilmember may participate in the matter at the subsequent
meeting, if otherwise qualified, upon stating for the record that
the Councilmember has listened to the tape recording of the prior
portions of the hearing, reviewed the written record and is prepared
to participate.
F. Any
hearing may, by minute action, be continued to any subsequent regular
or adjourned meeting of the City Council in compliance with the laws
of the State of California.
(Ord. 825 § 2, 1990; Ord. 2003-999 § 1; Ord. 2008-1073 § 1)
A. When
a motion is made, a vote on the motion must be taken by voice, roll
call, or voting device and entered in full upon the record.
B. A Councilmember's
vote may be changed only upon a timely request to do so immediately
following the announcement of the vote by the City Clerk and before
the next item in the order of business is taken up.
C. All
ordinances and any resolutions for the expenditure of City funds or
matters relating to elections must be adopted by a majority vote of
the full City Council, unless a greater number of votes is required
by law.
D. When
a majority vote cannot be obtained and one or more Councilmembers
is absent, that matter will automatically be added to a future agenda
so that it can be considered at least once by the City Council with
all Councilmembers present.
E. All
other resolutions and motions may be approved by a majority vote of
the quorum, unless law requires a greater number.
(Ord. 825 § 2, 1990; Ord. 93-876 § 2; Ord. 2003-999 § 1; Ord. 2008-1073 § 1)
A. Every
Councilmember desiring to speak must address the Mayor and, upon recognition
by the Mayor, must confine comments to the question under debate and
avoid personal and indecorous language.
B. A Councilmember,
once recognized, may not be interrupted when speaking, except for
a call to order. If called to order while speaking, a Councilmember
must cease speaking until the question of order is determined. If
the Councilmember is determined to be in order, the Councilmember
may proceed.
C. The
Councilmember moving the adoption of an ordinance, resolution, or
Council action has the privilege of closing the debate.
(Ord. 825 § 2, 1990; Ord. 2003-999 § 1; Ord. 2008-1073 § 1)
A. No motion
may be debated or voted upon unless it has received a second. Only
one motion may be considered by the City Council at any time.
B. A motion
to reconsider an action by the City Council may only be made at the
meeting at which that action was taken. A Councilmember on the prevailing
side must make such a motion. The motion may be made whenever no other
motion is pending. The motion takes precedence over all other motions
and is subject to debate. If the action to be reconsidered was a public
hearing item, it must be renoticed as originally required and considered
at a future meeting, unless a finding is made by a majority vote that
all of the interested members of the public who were present are still
present in the Council Chambers.
C. Any
Councilmember may make or remake a motion at a City Council meeting,
except when the subject matter of the motion has been tabled.
D. A motion
to table takes precedence over all other motions and is subject to
debate. When a motion to table is passed, the matter may not be considered
by the City Council again unless the matter is removed from the table
by a majority vote.
E. Once
tabled, a matter may not be placed on the agenda or discussed unless
a Councilmember who voted to table the matter requests that the matter
be removed from the table or requests the City Clerk to place the
matter on the agenda for the purpose of determining whether or not
the matter should be removed from the table.
(Ord. 825 § 2, 1990; Ord. 2003-999 § 1; Ord. 2008-1073 § 1)
Any Councilmember may have the reasons for that Councilmember's
dissent from or protest against any action of the City Council entered
in the record and the minutes.
(Ord. 825 § 2, 1990; Ord. 2003-999 § 1; Ord. 2008-1073 § 1)
A. Except
as otherwise provided in this chapter, proceedings of the City Council
are governed by common sense and good taste. If a dispute concerning
procedural matters is not specifically covered in this chapter, the
majority vote of the quorum prevails, and Rosenberg's Rules of Order
may be used as a guide when there is such a dispute. Any procedural
decision of the Mayor may be overruled by a majority vote of the quorum.
B. Rules
adopted to expedite the transaction of the City Council's business
in an orderly fashion are deemed to be procedural only, and the failure
to strictly observe those rules does not affect the jurisdiction of
the City Council or invalidate any action taken at a meeting that
is otherwise held in conformity with the law.
(Ord. 825 § 2, 1990; Ord. 2003-999 § 1; Ord. 2008-1073 § 1; Ord. 2014-1148 § 1)
A. Any
person desiring to address the City Council must first obtain permission
from the Mayor. Unless the Mayor rules otherwise, any person may address
the City Council upon obtaining permission from the Mayor, subject
to the following:
1. Public Hearings. Interested persons and their authorized representatives may address the City Council orally or in writing regarding matters which are then subject to a public hearing under Section
2.12.090.
2. Non-Hearing
Matters. Interested parties and their authorized representatives may
address the City Council orally or in writing regarding matters with
which they are concerned and which are then the subject of City Council
discussion. When copies of written communications are furnished to
each Councilmember present, the communications will not be read aloud
at the meeting unless so ordered by a majority vote. Written communications
from the administrative staff will not be read aloud unless requested
by a Councilmember.
3. Public
Comment. A person may address the City Council during public comment
regarding any matter with which the person is concerned. The City
Council may not discuss any matter not on the agenda or take any action
except to refer that matter to a future agenda.
4. Written
Notice. All speakers must give written notice to the City Clerk, in
a form approved by the City Council, which will be entered in the
meeting minutes.
5. Addressing
the Council. Each person addressing the City Council must speak into
the microphone at the speaker's podium, state his or her name and
address in an audible tone for the record, and, unless further time
is granted by the Mayor, limit the address to three minutes. All remarks
must be addressed to the City Council as a body and not to any individual
Councilmember. No person other than the City Council and the person
having the floor may enter into any discussion, either directly or
through a Councilmember, without the permission of the Mayor.
6. Limitation
to Agenda Item. Except during public comment, the Mayor may not permit
any communication, written or oral, to be made or submitted unless
the communication addresses the agenda item then under discussion.
7. Consent
Required. No person may address or question a Councilmember, the staff,
or any other person without the prior consent of the Mayor.
8. Anonymous
Communications. Anonymous communications may not be considered or
placed on the agenda.
9. Group
Communications. When an identifiable group of persons, as opposed
to the public at large, wishes to address the City Council on the
same agenda item, the Mayor may request that a spokesperson be chosen
by the group to address the City Council. If additional issues are
to be presented at the hearing by any other member of the group, the
Mayor may limit the number of persons and the speaking time, so as
to avoid the unnecessary repetition of issues. The amount of time
given to the spokespersons of any group shall be determined by the
Mayor based on the numbers of persons present that the spokesperson
is representing, the complexity of the issue and the time constraints
of the Council's meeting agenda, typically no longer than 10 minutes.
10. Time Limits. The Mayor may limit a person's speaking time to a reasonable
period (typically three minutes for individuals) so that the business
of the City Council is performed expeditiously and unnecessary repetition
is avoided. The Mayor's allotment of time to any speaker may be increased
or decreased by a majority vote of the quorum. Further time may be
granted to the person addressing the City Council by the Mayor or
by a majority vote of the City Council from a person or persons who
are present when the speaker addresses the City Council for no more
than a total of six minutes. Individuals donating their time waive
their individual time to speak on the matter.
11. Additional Opportunity to Address the Council. Subject to the needs
of the City Council to expeditiously perform its business and to avoid
repetitive testimony, a person may be permitted by the Mayor to address
the City Council more than once on any particular item. No person
may address the City Council more than once on an item until all persons
present and wishing to address the City Council have been provided
the opportunity to do so. The Mayor may limit a person's additional
speaking time and may not permit repetitive testimony from any person.
(Ord. 825 § 2, 1990; amended during republication; Ord. 838 § 1, 1991; Ord. 2003-999 § 1; Ord. 2008-1073 §
1; Ord. 2008-1075 § 7)
A. While
the City Council is in session, all persons must preserve the order
and decorum of the session. A Councilmember may not delay or interrupt
the proceedings or the peace of the City Council, disturb any Councilmember
while speaking, or refuse to obey the orders of the City Council or
the Mayor, except as otherwise provided in this chapter.
B. Any
person who disrupts or impedes the orderly conduct of a City Council
meeting by making personal, impertinent, or slanderous remarks, by
becoming boisterous while addressing the City Council, or by engaging
in any other disorderly conduct will be immediately barred from further
audience before that session of the City Council by the Mayor, unless
permission to continue is granted by a majority vote.
C. Any
person who disrupts or impedes the orderly conduct of a City Council
meeting by acting in a disorderly, contemptuous, or insolent manner
toward, or by becoming boisterous while addressing the City Council,
a Councilmember, or a staff member is subject to the criminal penalties
of this code. Any person who fails, on demand of the Mayor, to comply
with any lawful order is subject to the criminal penalties of this
code. When any person acts to disrupt the meeting or impedes the orderly
conduct of the meeting, the Mayor or the City Council may recess the
meeting until order can be restored.
D. The
City Manager may designate one or more appropriate persons to act
as sergeants-at-arms to carry out all orders and instructions given
by the Mayor for the purpose of maintaining order and decorum at the
City Council meeting. Upon instruction from the Mayor, it is the duty
of the sergeant-at-arms to place any person who violates the order
and decorum of the meeting under arrest and cause that person to be
prosecuted under this code. The Mayor or another appropriate person
who is present must sign the complaint.
(Ord. 825 § 2, 1990; Ord. 2003-999 § 1; Ord. 2008-1073 § 1)
If less than a quorum is present at a meeting, the attendance
of absent Councilmembers may be compelled by a subpoena that is signed
by the Councilmember presiding over the Councilmembers constituting
less than a quorum. A subpoena may issue only upon a majority vote
of the Councilmembers convening for the purpose of issuing the subpoena.
A Councilmember must obey a subpoena and participate in good faith
in the meeting to which the Councilmember is subpoenaed, so that the
essential business of the City Council may be conducted. A Councilmember
who fails to obey a subpoena or to participate in the meeting is subject
to the criminal penalties of this code.
(Ord. 825 § 2, 1990; Ord. 2003-999 § 1; Ord. 2008-1073 § 1)