A. 
Regular Meetings. Regular meetings of the Council shall be held without notice on the first and third Wednesday of each month. Meetings shall commence at 6:00 p.m. in the Live Oak City Council Chambers in the City Hall of the City of Live Oak located at 9955 Live Oak Blvd., Live Oak, California, or at such other place as the Council may, from time to time, prescribe. In the event a Wednesday falls upon a legal holiday, the regular meeting which otherwise would have occurred on that date shall be held on the first business day thereafter at 6:00 p.m. In the event that Christmas Eve and/or New Year's Eve falls on a Wednesday, the regular meeting which otherwise would have occurred on that day shall be held on the first business day which is not a holiday thereafter at 6:00 p.m.
B. 
Special Meetings. Special meetings of the Council may be called at any time by the Mayor or by a majority of the members of the Council by delivering personally or by mail written notice to each member of the Council and to each local newspaper of general circulation and to any radio or television station that has submitted a written request of the City Clerk for such notification. Such notice must be delivered personally or by mail at least 24 hours before the time of such meeting specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at the meeting. Written notice may be dispensed with for any member who at or prior to the time the meeting convenes files with the City Clerk a written waiver of notice. The waiver may be given by telegram or fax. Written notice shall be dispensed with for any member who is actually present at the meeting at the time it convenes.
C. 
Adjournment/Adjourned Meetings. The Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. If all members are absent from any regular or adjourned regular meeting the City Clerk may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be delivered personally to each Council member at least three hours before the adjourned meeting. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings.
D. 
Emergency Meetings. The notice requirement for a special meeting may be dispensed with under the following emergency conditions:
1. 
Work stoppage or other activity which severely impairs public health, safety, or both, as determined by a majority of the Council;
2. 
A crippling disaster which impairs public health, safety, or both, as determined by a majority of the Council.
E. 
Closed Sessions. The Council may hold closed sessions during a regular or special meeting, or at any time otherwise authorized by law, to consider or hear any matter which it is authorized by State law to hear or consider in closed session, and may exclude from any such closed session any person or persons which it is authorized by State law to exclude from such closed sessions. Any such closed session shall be appropriately agendized.
F. 
Cancellation. Any meeting of the Council may be canceled in advance of 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.
G. 
Chair. The Mayor shall preside over all Council meetings. In his or her absence, the Mayor pro tempore shall serve as presiding officer. The Council shall choose one of its members to serve as Mayor and one of its members to serve as Vice-Mayor. The Mayor and Vice-Mayor shall be selected and seated in the manner following:
In an election year in which Council members are elected, the Mayor and Vice-Mayor shall be selected and seated at such time as the election results for Council members so elected have been canvassed and certified to the Council and those results so declared by the Council. The Mayor and Mayor pro tempore so selected and seated at that time shall hold their respective offices until the first regular City Council meeting following the first Wednesday of the month in the year following the year in which they were selected and seated. The Mayor shall preserve strict order and decorum at all regular and special meetings of the Council. The Mayor shall state every question coming before the Council, announce the decision of the Council on all subjects and decide all questions of order subject, however, to an appeal to the Council in which event a majority vote of the Council shall govern and conclusively determine such question of order. The Mayor shall vote on all questions, his or her name being called last.
H. 
Attendance by the Public. Except as specifically provided by law for closed sessions, 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. Only matters appearing on the agenda may be considered during each session. Representatives of the press, unless participants in the disturbance, shall be allowed to attend such session, and nothing shall prohibit the Council from readmitting individuals not responsible for the disturbance.
(Ord. 414 § 2, 1995; Ord. 430 § 1, 1996; Ord. 550 § 1, 2014)
The business of the Council, at its meetings, shall be conducted in accordance with the following order of business:
A. 
Call to order and roll call;
B. 
Pledge of allegiance/invocation;
C. 
Presentations/proclamations;
D. 
Written communications;
E. 
Public hearings;
F. 
Bid opening;
G. 
Ordinance introduction and adoption;
H. 
Appearance of interested citizens and/or requests by the public;
I. 
Consent Calendar. The consent calendar groups together those matters which are considered to be noncontroversial and which require only routine action by the Council. Adoption of the consent calendar may be made by one motion only and by the roll call vote of the Council; provided, however, the chair shall first advise the persons in attendance that the consent calendar matters will be adopted in toto by one action of the Council unless any Council member, any member, any individual or organization interested in one or more consent calendar matters has any question or wishes to make a statement. In that event, the chair may defer action on the particular matter or matters, and the Council shall consider those matters separately;
J. 
Reports and miscellaneous;
K. 
Business from the Council; and
L. 
Adjournment.
(Ord. 414 § 2, 1995)
The City Clerk shall cause to be prepared an agenda of the Council meeting which agenda shall be prepared in accordance with the order of business as provided for in Section 2.04.020 above. A copy of said agenda shall be furnished to each member of the Council, the City Finance Director and the City Attorney at least 24 hours prior to the Council meeting.
At least 72 hours before a regular meeting the City Clerk or designee shall post the agenda which shall contain a brief general description of each item of business to be transacted or discussed at the meeting. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public. No action shall be taken on any item not appearing on the posted agenda.
Notwithstanding the above, the Council may take action on items of business not appearing on the posted agenda under any of the following conditions:
A. 
Upon a determination by a majority vote of the Council that an emergency situation exists as defined in the public meeting law (Section 54956.2(b)(1) of the Government Code);
B. 
Upon a determination by a two-thirds vote of the Council or if less than two-thirds of the Council members are present, a unanimous vote of those members present that the need to take action arose subsequent to the agenda being posted; and
C. 
The item was posted as hereinbefore required for a prior meeting of the Council occurring not more than five calendar days prior to the date action is taken on the item and at the prior meeting the time was continued to the meeting at which action is being taken.
(Ord. 414 § 2, 1995)
Business shall be brought before the Council by motion in accordance with the following standards of conduct:
A. 
Obtaining the Floor. Any member of the Council wishing to speak must first obtain the floor by being recognized by the chair. The chair must recognize any Council member who seeks the floor when appropriately entitled to do so.
B. 
Motions. The Mayor or any member of the Council may bring a matter of business before the Council by making a motion. Before the matter can be considered or debated it must be seconded. Once the motion has been properly made and seconded, the chair shall open the matter for debate offering the first opportunity to debate to the moving party and, thereafter, to any Council member properly recognized by the chair. Once the matter has been fully debated and the chair calls for a vote, no further debate will be allowed; provided, however, Council members may be allowed to explain their vote.
C. 
Voting. All Council members present at a meeting when a question comes up for a vote, shall vote for or against the measure. If the vote is a voice vote, the chair shall declare the result and note for the record all "aye" votes and all "no" votes. The Council may also vote by roll call vote, ballot or voting machine. Regardless of the manner of voting, the results reflecting all "ayes" and "noes" must be clearly set forth for the record.
D. 
Procedural Rules of Order. Once the main motion is properly placed on the floor, several related motions may be employed in addressing the main motion. These motions take precedence over the main motion, and if properly made and seconded, must be disposed of before the main motion can be acted upon. The following motions are appropriate and may be made by the Mayor or any Council member at any appropriate time during the discussion of the main motion. They are listed in order of precedence. The first three subsidiary motions are nondebatable; the last four are debatable. All subsidiary motions require a simple majority vote for passage.
1. 
Subsidiary Motions.
a. 
Lay on the Table. Any Council members including the Mayor, may move to lay the matter under discussion on the table. This motion temporarily suspends any further discussion of the pending motion without setting a time certain to resume debate. It must be moved, seconded and passed by a majority vote. In order to bring the matter back before the Council, a member must move that the matter be taken from the table, seconded and passed. A motion to take from the table must be made at the same meeting at which it was placed on the table or at the next regular meeting of the Council. Otherwise, the motion that was tabled dies, although it can be raised later as a new motion.
b. 
Move the Previous Question. Any Council member may move to immediately bring the question being debated by the Council to a vote, suspending any further debate.
c. 
Limit or Extend Limits of Debate. Any Council member may move to put limits on the length of debate.
d. 
Postpone to a Time Certain. Any Council member may move to postpone the pending question to a time certain. This motion continues the pending main motion to a future date as determined by the Council at the time the motion is passed.
e. 
Commit or Refer. Any Council member may move that the matter being discussed should be referred to a committee or commission for further study. The motion may contain directions for the committee or commission, as well as a date upon which the matter will be returned to the Council's agenda. If no date is set for returning the item to the Council agenda, any Council member may move, at any time, to require the time be returned to the agenda.
f. 
Amend. Any Council member may amend the main motion or any amendment made to the main motion. Before the main motion may be acted upon, all amendments and amendments to amendments must first be acted upon. Any amendment must be related to the main motion or amendment to which it is directed. Any amendment which substitutes a new motion rather than amending the existing motion is out of order and may be so declared by the chair.
g. 
Postpone Indefinitely. Any Council member may move to postpone indefinitely the motion on the floor, thus avoiding a direct vote on the pending motion and suspending any further action on the matter.
2. 
Motion of Privilege, Order and Convenience. The following actions by the Council are to insure orderly conduct of meetings and for the convenience of the Mayor and Council members. Those motions take precedence over any pending main or subsidiary motion and may or may not be debated as noted:
a. 
Call for Orders of the Day. Any Council member may demand that the agenda be followed in the order stated therein. No second is required and the chair must comply unless the Council, by vote, sets aside the orders of the day.
b. 
Questions of Privilege. Any Council member, at any time during the meeting, may make a request of the chair to accommodate the needs of the Council or his or her personal needs for such things as reducing noise, adjusting air conditioning, ventilation, lighting, etc. Admissibility of question is ruled on by the chair.
c. 
Recess. Any Council member may move for a recess. The motion must be seconded and a majority vote is required for passage. The motion is debatable.
d. 
Adjourn. Any Council member may move to adjourn at any time, even if there is business pending. The motion must be seconded and a majority vote is required for passage. The motion is not debatable.
e. 
Point of Order. Any Council member may require the chair to enforce the rules of the Council by raising a point of order. The point of order shall be ruled upon by the chair.
f. 
Appeal. Should any Council member be dissatisfied with a ruling from the chair, he or she may move to appeal the ruling to the full Council. The motion must be seconded to put it before the Council. A majority vote in the negative or a tie vote sustains the ruling of the chair. The motion is debatable and the chair may participate in the debate.
g. 
Suspend the Rules. Any Council member may move to suspend the rules if necessary to accomplish a matter that would otherwise violate the rules. The motion requires a second and a majority vote for passage.
h. 
Division of Question. Any Council member may move to divide the subject matter of a motion which is made up of several parts in order to vote separately on each part. The motion requires a second and a majority vote for passage. This motion may also be applied to complex ordinances or resolutions.
i. 
Reconsider. Except for votes regarding matters which are quasi-judicial in nature or matters which require a noticed public hearing, the Council may reconsider any vote taken at the same session, but no later than the same or next calendar day, to correct inadvertent or precipitant errors, or consider new information not available at the time of the vote. The motion to reconsider must be seconded and requires a majority vote for passage, regardless of the vote required to adopt the motion being reconsidered. If the motion to reconsider is successful, the matter to be reconsidered takes no special precedence over other pending matters and any special voting requirements related thereto still apply. Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again at the same meeting.
j. 
Rescind, Repeal or Annul. The Council may rescind, repeal or annul any prior action taken with reference to any legislative matter so long as the action to rescind, repeal or annul complies with all the rules applicable to the initial adoption, including any special voting or notice requirements or unless otherwise specified by law.
E. 
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.
F. 
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 be heard at the meeting specified and 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, 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 recontinued 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 the 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 or her presence known to the Mayor and upon being recognized by the Mayor, the person may speak or present 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.
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 and made a part of the Clerk's record. Time limits may be established by the Council, limiting the duration of presentations as set forth herein. 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 of such matters shall be made by the Mayor but may be appealed as set forth here and before.
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 the 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, without consent of the Mayor, to speak further on the question during this period of deliberation, although the Council members may ask questions of the speakers if so desired. At the conclusion of the Council discussion, an appropriate motion having been made and seconded, the Council shall vote on the matter.
5. 
Reports and Resolutions. All committee reports together with all resolutions shall be filed with the City Clerk and shall be entered in the minutes. Minutes of prior Council meetings nor a synopsis of said minutes, need not be read provided the City Clerk has previously furnished to each Council member a complete copy of said minutes.
6. 
Dissemination of Materials to Council. As required by law (Government Code Section 54957.5), agendas of the City Council and any other writings, when distributed to all or a majority of all members of the Council by any person in connection with a matter, the subject of discussion or consideration at a meeting of the Council, are public records under the Public Records Act and shall be made available as required by the Public Records Act, unless the writing is otherwise exempt from public disclosure under the Public Records Act. Writings which are public records and which are distributed during a public meeting of the Council shall be made available for public inspection at the meeting if prepared by the Council or a member thereof or after the meeting if prepared by some other person.
(Ord. 414 § 2, 1995)
A. 
Preservation of Order. While the Council is in session, the chair shall preserve order and decorum. No person in attendance shall either by conversation or otherwise delay or interrupt the proceedings or the peace of the Council or disturb either any Council member or any member of the public while speaking nor refuse to obey the orders of the Council or the presiding officer except as otherwise provided. Any persons making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the Council shall be handled in accordance with subsection B of this section. All persons addressing the Council shall step to the designated podium and shall give his or her name and address in an audible tone of voice for the record. All remarks shall be addressed to the Council as a body and not to any member thereof. No person other than the Council and the person having the floor shall be permitted to enter into any discussion either directly or through a member of the Council without the permission of the chair. No question shall be asked a Council member except through the chair. Every person in attendance desiring to speak shall address the chair and, upon recognition by the chair, shall confine him or herself to the question under debate avoiding all personalities and indecorous language. Any person in attendance, once recognized by the chair, shall not be interrupted when speaking unless it shall be to call him or her to order or as otherwise here and before provided. If a person, while speaking, shall be called to order he or she shall cease speaking until the question of order shall be determined and if in order he or she shall be permitted to proceed. A Council member may request, through the chair, the privilege of having a written abstract of his or her statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes.
B. 
Decorum. Consistent with Senate Bill 1100 passed by the State Legislature in 2022, starting on January 1, 2023, the Brown Act is amended to address disruptions at public local government meetings. Moving forward, consistent with SB 1100, the City of Live Oak adopts the following policy:
The Mayor and/or any Councilmember shall:
1. 
Warn the individual that their behavior is disrupting the meeting and their failure to cease their behavior may result in removal.
2. 
Order the removal of the individual if they do not "promptly" cease their disruptive behavior.
Consistent with SB 1100, the remainder of policies related to decorum at Council meetings shall also be in effect.
C. 
Civility. City of Live Oak elected officials and staff, will treat members of the public with respect and expect the same in return. The City is committed to maintaining orderly administrative processes in keeping City Council meetings and City operations in general free from disruptions. This section of the policy is intended to promote mutual respect, civility, and orderly conduct among City staff, elected officials, and the public.
D. 
Interactions. All interactions between City staff, elected officials, and members of the public shall be conducted in a respectful manner. With that in mind, the following rules shall govern interaction between the groups noted above while at City Council meetings:
1. 
Threats, including threats of violence, shall not be tolerated;
2. 
All City Council meeting attendees shall refrain from behavior that disrupts or threatens to disrupt City government operations. This includes, but is not limited to, harassment and/or intimidation of City staff, elected officials, or members of the public; the willful destruction of public property; and conduct that threatens to provoke a violent reaction or disrupts the Council meeting;
3. 
If a sign, placard, banner, and/or other similar item disturbs, disrupts, or other otherwise impedes the orderly conduct of a City Council meeting, it shall not be permitted; and
4. 
No person attending the meeting shall engage in disorderly or boisterous conduct, including, but not limited to, applause, whistling, stamping of feet, booing, or other loud noises.
(Ord. 414 § 2, 1995; Ord. 583 § 1, 2023)
A. 
Preparation of Ordinances. All ordinances shall be prepared or approved as to form by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council or requested in writing by the City Clerk/City Finance Director or designee.
B. 
Prior Approval. All ordinances and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney or authorized representative and shall have been examined and approved for the administration by the City Clerk/City Finance Director or authorized representative when there are substantive matters of administration involved.
C. 
Introducing for Passage or Approval. Ordinances, resolutions, and other matters or subjects requiring action by the Council shall be introduced and sponsored by a member of the Council; provided, however, the Mayor, City Administrator or designee, or City Attorney may present ordinances, resolutions, and other matters or subjects to the Council, and any Council member may assume sponsorship thereof by moving that such ordinances, resolutions, matters, or subjects be adopted; otherwise, they shall not be considered.
(Ord. 414 § 2, 1995)
A. 
Purpose. The citizens and businesses of Live Oak are entitled to fair, ethical and accountable local government, which will instill public confidence in the fair operation and integrity of Live Oak's City government. To this end, the Live Oak City Council has adopted a Code of Ethics and Conduct for members of the City Council and of the City's boards and commissions to assure public confidence in the integrity of local government and its effective and fair operation.
B. 
Conduct. Members of the City Council shall conduct themselves in accordance with the following ethical standards:
1. 
Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, City officials will work for the common good of the people of Live Oak and not for any private or personal interest, promoting the interests of the public and putting service to the public above service to oneself.
2. 
Comply with the Law. City officials shall comply with the Constitution, laws and ordinances of the United States, the State of California and the City of Live Oak in the performance of their public duties.
3. 
Conduct of City Officials. The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. City officials shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of councils, boards and commissions, staff, or the public.
4. 
Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good, City officials shall not use their official positions to influence government decisions in which they have a material financial interest, or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest. In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and they shall abstain from participating in deliberations and decision-making where conflicts may exist.
5. 
Gifts and Favors. City officials shall not take any special advantages of services or opportunities for personal gain, by virtue of their public office, that are not available to the public in general. They shall refrain from accepting any gifts, favors, or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.
6. 
Proper Efficient Use of Public Resources. City officials shall not use public resources which are not available to the public in general for private gain or for personal purposes not otherwise authorized by law.
7. 
Promote Democratic Participation. Inform the public and encourage active engagement in governance. Be open, transparent and responsive, and respect and assist all persons in their dealings with public organizations.
8. 
Conduct of Public Meetings. City officials shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings.
9. 
Advocacy. City officials shall represent the official policies or positions of the City Council, board, or commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, City officials shall explicitly state they do not represent their body or the City of Live Oak, nor will they allow the inference that they do. Council, board, and commission decisions shall receive the support of all City officials.
10. 
Decisions. City officials shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.
11. 
Confidential Information. City officials shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.
12. 
Strengthen Social Equality. Treat all persons with fairness, justice, equality, and respect individual differences, rights, and freedoms.
13. 
Demonstrate Personal Integrity. Adhere to the highest standards of conduct to inspire public confidence and trust in public service.
14. 
Policy Role of City Officials. City officials shall respect and adhere to the Council-Manager structure of Live Oak City government as outlined by the Live Oak Municipal Code. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, boards and commissions, and City staff resulting in the City Manager implementing those polices. Except as provided by the City of Live Oak Municipal Code, City officials shall not interfere with the administrative functions of the City or the professional duties of City staff nor shall they impair the ability of staff to implement Council policy decisions.
15. 
Independence of Boards and Commissions. Because of the value of the independent advice of boards and commissions to the public decision-making process, City officials shall refrain from using their position to unduly influence the deliberations or outcomes of board and commission proceedings.
16. 
Positive Work Place Environment. City officials shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. City officials shall recognize their special role in dealing with City employees to in no way create the perception of inappropriate direction to staff.
(Ord. 583 § 1, 2023)