The city council finds and declares that by reason of the increased
intensity and complexity of city business, a need to adopt procedural
rules for the conduct of public business is necessary. The city council
further finds and declares that increased concentrated judicial attention
to the due process clauses of both the California and Federal Constitutions
regarding public hearings and the rights of individuals to be heard,
require more detailed rules and regulations, insuring the protection
of the rights. The city council further finds and declares that it
is imperative that any person having business before the city council
have a reasonable opportunity to be heard and have his matter acted
upon. The provisions of this chapter shall apply to every appointed
body whether it is established by ordinance, resolution, or otherwise.
In the event any provision of this chapter conflicts with a specific
provision of an ordinance or resolution establishing a specific appointed
body or the appointed body's bylaws, such specific provision shall
control.
(Ord. 83 § 1, 1975; Ord. 1415, 7/11/2024)
Except as otherwise set by city council resolution, the city
council shall hold regular meetings on the date of second and fourth
Thursday, at the location and time as may from time to time be set
forth by the council by resolution. If by reason of fire, flood, or
other emergency, it is unsafe to meet in the regular meeting place,
the meetings may be held for the duration of the emergency at such
other place as is designated by the city council. When the day for
any regular meeting falls on a holiday, Christmas Eve or New Year's
Eve, such meeting shall be held at the same hour and place on the
next succeeding day not a holiday, or such other time as designated
by the city council.
(Ord. 83 § 2, 1975; Ord. 1334 § 3, 2018)
Special meetings may be called at any time by the mayor or majority
of councilpersons by delivering personally or by mail written notice
to each councilperson and to each person or entity having filed written
request for notice of meetings. Such notice must be delivered personally
or by mail at least twenty-four hours before the time of such meeting,
as 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 such meetings. Such written
notice may be dispensed with as to any councilperson who at or prior
to the time the meeting convenes files with the city clerk a written
waiver of notice. Such waiver may be given by telegram. Such written
notice may also be dispensed with as to any councilperson who is actually
present at the meeting at the time it convenes.
(Ord. 83 § 3, 1975)
The council may, from time to time, meet in study sessions,
open to the public, at a time and place designated by the mayor. The
nature of such sessions will be given at the prior city council meeting,
or by the city clerk to the local news media, at least twenty-four
hours in advance of such meeting. The purpose of such a meeting shall
be for hearing reports from the staff and reviewing, discussing and
debating matters of interest to the city. No official action shall
be taken at a study session. The participation of the public in such
session shall be subject to the discretion of the presiding officer.
(Ord. 83 § 4, 1975)
All regular and special meetings of the city council shall be open to the public; provided, however, the city council may hold executive sessions during a regular or special meeting, from which the public and any person or entity having filed written request for notice of meetings may be excluded for the purpose of considering the matters, as authorized by Title
5, Division 2, Part 1, Chapter 9, Sections 54950 through and including 54961 of the
Government Code of the state.
No member of the city council, employee of the city, or any
other person present during an executive session of the city council
shall disclose to any person the content or substance of any discussion
which took place during the executive session unless the city council
authorizes the disclosure of such information by majority vote.
(Ord. 83 § 5, 1975)
In order to facilitate the orderly conduct of the business of
the city council, the city clerk shall be notified no later than twelve
noon Wednesday, eight days preceding a regular council meeting, of
all reports, communications, ordinances, resolutions, contract documents
or other matters to be submitted to the city council at such meeting.
All matters shall be in proper form for city council action at the
time they are submitted to the city clerk. Immediately thereafter,
the city clerk shall arrange a list of such matters according to the
order of business and furnish each member of the city council, the
city manager and city attorney, and each department head, with a copy
of the same prior to the council meeting and as far in advance of
the meeting as time for preparation will permit. No matters other
than those on the agenda shall be finally acted upon by the city council
unless a member of the city council, the city manager, or city attorney
so requests. Any matter to be acted on not otherwise on the agenda
and not posted at least seventy-two hours before such regular meeting,
shall be placed on the agenda for action only in accordance with Section
54954.2(b) of the
Government Code. Any item upon which action is proposed
to be taken and a request for consideration to place on the agenda
in accordance with the aforementioned
Government Code Section, shall
be provided to all members of the city council, the city manager and
city attorney, as early as possible prior to said meeting.
A topic will be included on the agenda upon request made by
any council member in open meeting when supported by at least one
other council member. Staff may seek clarification of topic scope
from the requesting council members, to be supplied in writing. The
item will normally be heard no sooner than the second meeting after
the request and any needed clarification.
(Ord. 83 § 6, 1975; Ord. 610 § 1, 1990; Ord. 1371 § 1, 2021)
Items which have been reviewed by the city council and its staff
and have been made available to the public may be grouped together
and listed under the consent calendar. Actions recommended by the
staff shall be in summary form and be a part of that item. Adoption
of the consent calendar may be made by one motion only by the city
council; provided, however, that the presiding officer should first
advise the audience that the consent calendar matters will be adopted
in total by one action of the city council unless any council member
or any individual or organization interested in one or more consent
calendar items wishes to be heard. In that event, the presiding officer
may defer action on the particular matter or matters and place them
on the regular agenda for consideration in any order he deems appropriate.
(Ord. 83 § 7, 1975)
Correspondence addressed to the city council which is received
by the city clerk or any other officer or employee of the city shall
not be a matter of public record until received by the city council.
Correspondence received in the city clerk's office or other
offices after twelve noon Wednesday, eight days pre-ceding a regular
council meeting, shall not be placed on the agenda unless it concerns
a matter to be considered by the city council at the next regular
meeting, or is determined by the mayor or the city manager to be an
urgent matter which should be brought to the immediate attention of
the city council.
Correspondence shall not be read aloud at a city council meeting
unless requested by a majority vote of the council.
(Ord. 83 § 8, 1975)
The city manager's office is authorized to open and examine
all mail or other written communications addressed to the city council
except that correspondence marked "personal" or "confidential," and
to give it warranted attention to the end that all administrative
business referred to in the communications and not requiring city
council action may be acted upon between council meetings.
(Ord. 83 § 9, 1975)
At an hour set by resolution on the day of each regular meeting,
each member of the city council, the city manager, city clerk, deputy
city clerk, city attorney and such department heads or others as have
been requested to be present shall take their regular stations in
the council chambers. The business of the city council shall be conducted
in substantially the order and in the manner as provided in this chapter
and, so far as practicable, in accordance with parliamentary rules
as laid down in Robert's Rules of Order (Revised); provided, however,
that a failure to observe or enforce such rules shall in no manner
affect the regularity, validity, or legality of any action or proceedings
taken by the council, and the city council in its discretion and in
accordance with its right to govern its own proceedings, reserves
the right to proceed at any time otherwise than as prescribed or indicated
in Robert's Rules of Order.
(Ord. 83 § 10, 1975)
Three members of the city council shall constitute a quorum
for the transaction of business.
Motions may be passed by a majority if only three attend, but
ordinances, resolutions granting franchises and payment of money require
at least three affirmative votes. Less than a quorum may adjourn from
time to time. Where there is no quorum, the mayor, vice-mayor, or
any member of the city council shall adjourn such meeting, or if no
member of the council is present, the city clerk shall adjourn the
meeting. For the purpose of considering any item subject to vote of
the city council, when a member of the council disqualifies him or
herself due to conflict of interest, his or her presence shall not
be considered in determining the presence of a quorum.
Consideration on such item shall be deferred until a quorum
of noninterest councilpersons is present to discuss and vote on them
if the disqualification reduces those in attendance to less than a
quorum.
(Ord. 83 § 11, 1975)
The business of the city council shall be taken up for consideration
and disposition in the order set out by the council.
The presiding officer, or a majority of the city council, may
change the order of business at any time during the meeting; however,
business will be considered in the order shown above, unless modified
as provided for in this section.
(Ord. 83 § 12, 1975)
The mayor shall be the presiding officer at all meetings of
the city council. In the absence of the mayor, the vice-mayor shall
preside. In the absence of both the mayor and vice-mayor, the city
clerk shall call the council to order, whereupon a temporary presiding
officer shall be elected by the councilpersons present to serve until
the arrival of the mayor or vice-mayor, or until adjournment.
(Ord. 83 § 13, 1975)
The presiding officer shall assume his or her place and duties
immediately following his or her election. He or she shall preserve
order at all meetings, have the power to reasonably limit the time
of any citizen speaking from the floor, state questions coming before
the city council, announce decisions on all subjects and decide all
questions of order; subject, however, to majority vote of the council
determining questions of order. He or she shall vote on all motions.
The mayor shall sign all ordinances and other documents adopted and
approved for his or her signature by the city council at meetings
at which he or she is in attendance. In the event of his or her absence,
the vice-mayor or mayor pro tempore shall sign such documents as have
been adopted and approved for their signature by the council. In the
absence of the mayor and vice-mayor, the mayor pro tempore shall sign
such documents as have been adopted and approved for his or her signature
during the meeting at which he or she presided.
(Ord. 83 § 14, 1975)
Every councilperson desiring to speak shall first address the
chair, gain recognition by the presiding officer, and shall confine
discussion to the question under debate, avoiding reference to character
and indecorous language.
(Ord. 83 § 15, 1975)
Every councilperson desiring to question the city staff shall,
after recognition by the presiding officer, address his or her questions
to the city manager or city attorney, who shall be entitled either
to answer the inquiry him or herself or to designate a member of his
or her staff for that purpose.
(Ord. 83 § 16, 1975)
A councilperson once recognized shall not be interrupted when
speaking unless called to order by the presiding officer, or unless
a point of order or personal privilege is raised by another councilperson,
or unless the speaker chooses to yield to a question by another councilperson.
If a councilperson, while speaking, is called to order, he or she
shall cease speaking until the question of order is determined and,
if determined to be in order, he or she may proceed. Members of the
city staff, after recognition by the presiding officer, shall hold
the floor until completion of their remarks or until recognition is
withdrawn by the presiding officer.
(Ord. 83 § 17, 1975)
The presiding officer shall determine all points of order subject
to the right of any councilperson to request full city council ruling,
and the question shall be: "Shall the decision of the presiding officer
be sustained?" A majority vote shall conclusively determine such question
of order.
(Ord. 83 § 18, 1975)
The right of a councilperson to address the city council on
a question of personal privilege shall be limited to cases in which
his or her integrity, character, or motives are questioned or where
the welfare of the council is concerned. A councilperson raising a
point of personal privilege may interrupt another councilperson who
has the floor only if the presiding officer recognizes the privilege.
(Ord. 83 § 19, 1975)
The councilperson moving the adoption of an ordinance, resolution,
or motion shall have the privilege of closing debate, subject to a
city council majority ruling that debate should continue.
(Ord. 83 § 20, 1975)
A councilperson may request through the presiding officer the
privilege of having an abstract of his or her statement on any subject
under consideration by the city council entered in the minutes. If
the council consents thereto, such statement shall be entered in the
minutes.
(Ord. 83 § 21, 1975)
Any councilperson shall have the right to have the reasons for
his or her dissent from or his or her protest against any action of
the city council entered in the minutes. Such dissent or protest to
be entered in the minutes shall be made in substantially the following
manner: "I would like the minutes to show that I am opposed to this
action for the following reasons: . . ."
(Ord. 83 § 22, 1975)
Rules adopted to expedite the transaction of the business of
the city council in an orderly fashion are deemed to be procedural
only, and the failure to strictly observe such rules shall not affect
the jurisdiction of the council or invalidate any action taken at
a meeting that is otherwise held in conformity with law.
(Ord. 83 § 23, 1975)
Members of the city council must preserve order and decorum
and shall not by conversation or otherwise delay nor interrupt the
proceedings of the council in any way, nor disturb any other member
of the council while speaking, nor refuse to obey the orders of the
council or the presiding officer, except as otherwise provided in
this chapter.
(Ord. 83 § 24, 1975)
Each person desiring to address the city council shall approach
the podium, state his or her name and address for the record, state
the subject he or she wishes to discuss, state whom he or she is representing
if he or she represents an organization or other persons, and unless
further time is granted by majority vote of the council, shall limit
his or her remarks to three minutes. All remarks shall be addressed
to the council as a whole and not to any member thereof. No questions
shall be asked of a councilperson or member of the city staff without
obtaining permission of the presiding officer. Any person violating
this section while addressing the city council shall be called to
order by the presiding officer, and if such conduct continues, may
at the discretion of the presiding officer be ordered barred from
further audience, and if the conduct warrants, such person may be
ordered removed from the council chambers.
(Ord. 83 § 25, 1975; Ord. 1242 § 1, 2012)
A. Public
Comment Period. Each speaker is limited to three minutes per agenda
item during the public comment period, unless the time is adjusted
by the presiding officer to accommodate the number of speakers and
the length of the agenda.
B. Public
Hearings. The public may comment on individual public hearing items
within the three-minute time limit. The applicant or appellant will
be provided up to ten minutes to make their presentation. The applicant
or appellant will be provided with an opportunity to make closing
comments for up to three additional minutes.
(Ord. 1415, 7/11/2024)
In order to expedite matters and to avoid repetitious presentations,
whenever any group of persons wishes to address the city council on
the same subject matter, it shall be proper for the presiding officer
to inquire whether or not the group has a spokesperson and, if so,
that he or she be heard with subsequent speakers in the group being
limited to facts not already presented by the group spokesperson.
Any individual representing several other persons or group of persons
should file with the city clerk written authorization from such persons
to speak on their behalf. Preferably the written authorization should
be filed prior to the time of the meeting at which the individuals
desire to speak, and the authorization should refer to the subject
matter of the meeting.
(Ord. 83 § 26, 1975)
Any person in the audience who engages in disorderly conduct
such as handclapping, stamping of feet, whistling, using profane language,
yelling, and similar demonstrations, which conduct disturbs the peace
and good order of the meeting, or who refuses to comply with the lawful
orders of the presiding officer, is guilty of a misdemeanor, and after
request from the presiding officer, the law enforcement officer present
shall remove any such person from the council chambers and place him
or her under arrest.
(Ord. 83 § 27, 1975)
The chief of police or such member or members of the police
department as he or she may designate, shall attend each city council
meeting as requested by the city manager, and shall carry out all
orders given by the presiding officer for the purpose of maintaining
order at the council meetings. Any councilperson may move to require
the presiding officer to enforce the rules and the affirmative vote
of a majority of the council shall require him or her to do so.
(Ord. 83 § 28, 1975)
Any vote of the city council, including a roll call vote, may
be registered by the members by answering "yes" for an affirmative
vote or "no" for a negative vote upon his or her name being called
by the city clerk, or by activating any electronic voting equipment
utilized by the city council. The result of any vote registered by
means of a lighting system shall be audibly announced by the city
clerk and recorded by the minutes as the vote.
(Ord. 83 § 29, 1975)
Any councilperson who is disqualified from voting on a particular
matter by reason of a conflict of interest shall publicly state, or
have the presiding officer state, the nature of such disqualification
in the open city council meeting. Where no clearly disqualifying conflict
of interest appears, the matter of disqualification may, at the request
of the councilperson affected, be decided by the other councilpersons.
A councilperson who is disqualified by reason of a conflict of interest
in any matter shall remove him or herself from the council chamber.
A councilperson stating such disqualification shall not be counted
as a part of a quorum and shall be considered absent for the purpose
of determining the outcome of any vote on such matter.
(Ord. 83 § 30, 1975; Ord. 1242 § 2, 2012)
Every councilperson should vote unless disqualified by reason
of a conflict of interest. A councilperson who abstains from voting
by so announcing acknowledges that a majority of the quorum may decide
the question voted upon. A councilperson who is silent or inattentive
and fails to vote without stating his abstention or without being
disqualified is deemed to have cast a "yes" vote.
(Ord. 83 § 31, 1975)
Tie votes shall be lost motions or "no action" and the matter
voted upon may be subject to further city council consideration.
(Ord. 83 § 32, 1975)
A member may change his or her vote only if he or she makes
a timely request to do so immediately following the announcement of
the vote by the city clerk and prior to the time the next item in
the order of business is taken up. A councilperson who publicly announces
that he or she is abstaining from voting on a particular matter shall
not subsequently be allowed to withdraw his or her abstention.
(Ord. 83 § 33, 1975)
A motion to reconsider any action taken by the city council
may be made only at the meeting such action was taken. It may be made
either immediately during the same session, or at a recessed or adjourned
session thereof. Such motion may be made only by one of the councilpersons
who voted with the prevailing side. Nothing in this section shall
be construed to prevent any councilperson from making or remarking
the same or any other motion at a subsequent meeting of the council.
(Ord. 83 § 34, 1975)
All ordinances, resolutions and contracts shall either be prepared
or approved by the city attorney. No ordinance shall be prepared for
presentation to the city council unless ordered by the whole council,
the city manager, or prepared by the city attorney on his or her own
initiative. All department heads shall route requests for ordinances
through the city manager.
(Ord. 83 § 35, 1975)
All ordinances, resolutions and contract documents shall, before
presentation to the city council, have been approved as to form and
compliance with all applicable laws by the city attorney, and shall
have been examined and approved for convenience of administrative
application by the city manager or authorized representative.
(Ord. 83 § 36, 1975)
At the time of adoption of an ordinance or resolution, the same
shall be read in full unless after the reading, or having read the
title, further reading thereof is waived by four-fifths consent of
the councilpersons present. Such consent may be expressed by a statement
by the presiding officer that "If there is no objection, the further
reading of the ordinance or resolution shall be waived." The printing
of the full ordinance or resolution title on the face of the agenda
shall satisfy the aforementioned requirements.
(Ord. 83 § 37, 1975; Ord. 1400 § 1, 2023)
Wherever by law the city council is required to hold a public
hearing on any matter before it, such hearing will be held in accordance
with the rules and procedures set forth in this chapter. Nothing in
this chapter shall prohibit or limit the city council from holding
a public hearing on any matter before it, whether required by law
or not, and nothing shall prevent the city council from hearing members
of the public if a majority of the council so determines in their
discretion.
(Ord. 83 § 38, 1975)
After the mayor has announced that the time has arrived for a public hearing on any scheduled agenda item set for public hearing, the mayor shall announce that it is the time and place for the public hearing, and shall ascertain whether or not anyone wishes to be heard on the agenda item under consideration. If there are persons present wishing to be heard, the persons shall be given an opportunity to address the city council in accordance with the provisions of Section
2.36.250 through and including Section
2.36.270 of this chapter.
(Ord. 83 § 39, 1975; Ord. 1415, 7/11/2024)
During the public hearing, the city council shall receive oral
or written evidence relevant to the matter being considered, and the
presiding officer or any member of the council through the presiding
officer may require the city clerk to swear any person giving evidence
at the time of the hearing on the matter under consideration, if in
the opinion of the presiding officer or any member of the city council
the oath is necessary. Evidence received at public hearing provided
for in this chapter shall be relevant and material to the issues before
the council; provided, however, that the rules of evidence as established
by the
Evidence Code of the state shall be substantially relaxed in
order to afford a full presentation of the facts essential for judicious
consideration by the city council of the matter which is the subject
of the public hearing. The city council may order the city clerk to
issue, and the chief of police or his representative to serve, subpoenas
for any witnesses or records necessary for the production of evidence
at any duly scheduled public hearing, as provided for in this chapter.
(Ord. 83 § 40, 1975)
At any time that it appears to the presiding officer or a majority
of the city council through the presiding officer that inadequate
evidence has been presented to afford judicious consideration of any
matter before the council at the time of a public hearing, a continuation
of the hearing may be ordered to afford the applicant, his or her
opponents, or the city staff adequate time to assemble additional
evidence for the city council's consideration. Any continuation ordered
by the city council through its presiding officer shall be to a date
certain, which date shall be publicly announced in the council chambers
and shall constitute notice to the applicant and his or her opponent
of the time and place that further evidence will be taken. A public
hearing may be continued in the event the matter is to be returned
to the planning commission for further consideration. In this event,
the presiding officer shall publicly state in open council meeting
the fact that the matter has been returned to the planning commission
for consideration and that the council hearing will be continued to
a date certain. The public announcements provided for in this section
shall constitute notice to the applicant and his or her opponents
of the time and place when further evidence will be taken by the city
council.
(Ord. 83 § 41, 1975)
When neither the applicant, his or her opponents, or the city
staff have further evidence to produce or when, in the opinion of
the presiding officer or the majority of the city council through
the presiding officer, sufficient evidence has been presented, the
presiding officer shall order the public hearing closed, at which
time no further evidence, either oral or written, will be accepted
by the city council; provided, however, that this rule may be relaxed
by the presiding officer or the majority of the city council through
the presiding officer where it appears that good cause exists to hear
further evidence concerning the matter which is the subject of the
public hearing.
(Ord. 83 § 42, 1975)
A public hearing on any matter once closed cannot be reopened
on the date set for hearing unless the presiding officer can and has
determined that none of the parties involved in such hearing have
left the council chambers. Nothing in this chapter, however, is intended
to prevent or prohibit the reopening of a public hearing at any subsequent
regular or special meeting of the city council. No public hearing
may be reopened without due and proper notice being given to the applicant
and his or her opponents designating the time and place of the reopening
unless reopened in accordance with this section at the same meeting.
(Ord. 83 § 43, 1975; Ord. 1242 § 3, 2012)
The official minutes of the city council will be kept by the
city clerk in a minute book with a record of each particular type
of business transacted set off in paragraph form with proper subheadings.
The city clerk shall be required to make a record only of such business
as was actually passed upon by the city council and shall not be required
to record any remarks of any members of the council or of any other
person except at the special request of a member of the council. The
city clerk shall enter into the minutes the reasons for dissent from
or protest against any action of the city council if any member of
the council so requests. Names and addresses of persons addressing
the council, the title of the subject matter to which their remarks
are related, and whether they spoke in support of or in opposition
to such matter shall be entered in the minutes.
(Ord. 83 § 44, 1975)
The city clerk will electronically record all city council meetings
as a stenographic aid, and will retain the recording tapes at least
until the written minutes of the meeting are approved by the council.
The city council may order full tapes or portions thereof retained
for longer periods. On matters likely to result in litigation, tapes
shall be retained for at least one year.
(Ord. 83 § 45, 1975)
As soon as possible after each meeting, the city clerk shall
furnish a copy of the minutes to each councilperson, the city manager,
city attorney, each department head, and any other individuals designated
by the city clerk or the city manager.
(Ord. 83 § 46, 1975)
Unless the reading of the minutes of a city council meeting
is requested by a member of the council, the minutes may be approved
without reading if the clerk has previously furnished each member
of the council with a copy thereof.
(Ord. 83 § 47, 1975)