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)