[Ord. 1205, 11-6-1996; Ord. No. 1827, 12-3-2025]
(A) 
The City Council shall hold regular meetings at a date and time established by City Council resolution.
(B) 
The regular meeting place of the City Council shall be in the City Council Chambers at 100 Civic Center Drive, unless such other location is noticed on the agenda.
(C) 
When the day for any regular meeting falls on a legal holiday 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.
(D) 
The City Council may hold adjourned or special meetings at such other place as may be established in the notice of the adjourned or special meeting. In event of an emergency, meetings may be held at any place designated pursuant to Government Code Section 54956.5.
[Ord. 1205, 11-6-1996]
Special meetings may be called at any time by the Mayor, or by three members of the City Council, directing the City Clerk/Deputy City Clerk to prepare and to deliver personally, or by mail, written notice of the special meeting to each council member and to each local newspaper of general circulation, radio or television station having filed written request for such notice. Such notice shall be delivered personally or by mail at least 24 hours before the time of such meeting as specified in the notice. The call and notice shall also be posted at least 24 hours prior to the special meeting on the public information board located in front of the council chambers. 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 council member who at or prior to the time the meeting convenes files with the City Clerk/Deputy City Clerk a written waiver of notice. Such waiver may be given by telegram or facsimile. Such written notice may also be dispensed with as to any council member who is actually present at the meeting at the time it convenes. The City Clerk/Deputy City Clerk shall give the notices required by this section upon direction by the Mayor or the members of the council calling the special meeting.
[Ord. 1205, 11-6-1996]
(A) 
Notwithstanding anything in this code to the contrary, the City Council may hold an emergency meeting pursuant to and in accordance with the provisions of Section 54956.5 of the California Government Code.
(B) 
If by reason of fire, earthquake, flood or other emergency, it is unsafe to meet in the council chambers, the meetings may be held for the duration of the emergency at a place designated by the Mayor, or Mayor Pro Tem if the Mayor is unavailable, or if he/she fails, or be unable, to act, by the City Manager. Notice of the meeting place shall be given to the members of the City Council, the City Manager, the City Attorney, the City Clerk/Deputy City Clerk and to the local media that have filed with the City Clerk/Deputy City Clerk a written request for notice of special meetings, by most rapid means of communication available at the time. The failure of a person to receive notice shall not affect the jurisdiction of the City Council.
[Ord. 1205, 11-6-1996]
All meetings may be adjourned to a time, place and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. Meetings may be adjourned by the Mayor by a simple declaration thereof in the absence of a protest by any council member. Meetings may also be adjourned upon the making and seconding of such a motion in accordance with the procedures on motions established by this subchapter. If a quorum is not present, less than a quorum may adjourn a meeting. If all members of the council are absent, the City Clerk/Deputy City Clerk may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be given in the same manner as provided in § 30.31 for special meetings. When any meeting is adjourned, the City Clerk/Deputy City Clerk shall post notice of such adjournment on the council chamber door within 24 hours after the time of the adjournment, unless sooner notice is required by law. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting meeting is a regular meeting for the purpose of transacting business.
[Ord. 1205, 11-6-1996]
(A) 
All meetings of the City Council shall be open to the public provided however, the City Council may hold closed sessions pursuant to state law.
(B) 
City council members who are disqualified from participation with respect to a matter to be discussed in closed session shall be excluded from the closed session and shall not knowingly receive any confidential communications with respect thereto.
[Ord. 1205, 11-6-1996]
All meetings shall be held within the boundaries of the city except when a meeting outside the city boundaries is authorized by Government Code Section 54954(d) or (b) . If a meeting is to be held outside of the boundaries of the city, the posted agenda or notice calling the meeting shall state the place of the meeting and the statutory ground for the meeting outside of the city.
[Ord. 1205, 11-6-1996]
(A) 
Three members of the council shall constitute a quorum for the transaction of business. Motions may be passed by a majority of the quorum but ordinances and resolutions granting franchises or authorizing the payment of money require at least three affirmative votes. Less than quorum may adjourn from time to time. Where there is no quorum, the Mayor, Mayor Pro Tem or any member of the council, in the absence of the Mayor or Mayor Pro Tem, shall adjourn such meeting, or if no member of the council is present, the City Clerk/Deputy City Clerk shall adjourn the meeting.
(B) 
When a member of the council is disqualified due to a financial conflict of interest from making, participating in making or using his/her position to influence a governmental decision, his/her presence shall not be considered in determining the presence of a quorum, with respect to the particular governmental decision. If disqualification due to a financial conflict of interest reduces those in attendance to less than a quorum, the meeting need not be adjourned but, without need for any formal action by the council, consideration on the item shall be deferred or continued until a quorum is present of council members without disqualifying conflicts of interest. If more than a quorum of the City Council are disqualified because of a conflict of interest, then the City Clerk/Deputy City Clerk shall determine by lot from among the disqualified members the member or members who will be permitted to participate in order to achieve a quorum. This division shall be applied in a manner which is consistent with Government Code Sections 1090 et seq. and Government Code Sections 81000 et seq. and any regulations lawfully adopted pursuant thereto.
[Ord. 1205, 11-6-1996]
(A) 
The City Manager or his/her designee shall prepare an agenda for each council meeting. Items of business may be placed on the agenda at the direction of a member of the council, the City Manager or the City Attorney.
(B) 
The agenda shall contain information relating to the time and place of the meeting, the order of business and a brief general description including the specific action requested to be taken by the council, of each item of business to be transacted or discussed at the meeting. The description of items to be discussed in closed session may be done by substantially complying with provisions of Government Code Section 54954.5. The agenda shall also contain information relating to special services available to persons with disabilities to permit those persons to participate in City Council meetings. The agenda may contain other information deemed necessary by the City Manager or City Attorney.
(C) 
The agenda may indicate a time certain for consideration of an item. Council members may request a time certain by filing a written request with the Mayor which request will be accommodated to the extent feasible in light of the business to be conducted. If a time certain is indicated, consideration of the item shall not occur before the specified time, but may be commenced after the specified time.
(D) 
The City Manager shall be responsible for establishing the process for preparation of the agenda, agenda reports, and packets or books of documents relevant to matters of business listed on the agenda. All items listed on the agenda other than presentations, oral communications and closed session items shall have a corresponding agenda report included in the agenda packet. The agenda packet shall include all written material delivered or to be delivered, to all or majority of the city council members with respect to an item listed on the agenda. The agenda and agenda packet shall be delivered to the council members on the Friday preceding the regular meeting or such earlier time as the Manager deems appropriate. The agenda packet shall be made available to the public as soon thereafter as practicable. In order to facilitate public access to the agenda packet, the City Clerk/Deputy City Clerk shall place a copy of the agenda packet for public inspection in city hall.
(E) 
Before presentation to the City Manager for inclusion on an agenda, all ordinances, resolutions and contract documents shall have been approved as to form and legality by the City Attorney or Attorney's authorized representative.
(F) 
Before presentation to the City Council, all agenda items requesting action, other than agenda items placed by the City Attorney, shall have been examined and approved for administration by the City Manager or the Manager's representative, where there are substantive matters of administration involved. The City Manager may refer any agenda item to the City Attorney for a report and recommendation, before the matter is placed on an agenda.
(G) 
The City Manager or City Clerk/Deputy City Clerk, or an employee designated by the Manager or Clerk, shall post the agenda on a publicly accessible place at city hall at least 72 hours before a regular council meeting. The person posting the agenda shall prepare and file with the City Clerk/Deputy City Clerk a signed declaration of the time and place of posting and a certified copy of the posted agenda. Except as provided in division (I) of this section, no business shall be transacted or matter discussed at the meeting on any item not appearing on the posted agenda. Questions for clarification, providing a reference to staff or other resources for factual information, or directions by the Mayor or the Council to refer a matter to staff for report or to place a matter on a future agenda shall not constitute prohibited action or discussion.
(H) 
The order of business established on the agenda shall be followed unless the presiding officer permits a matter to be taken out of the regular agenda order. The City Manager at the time of preparation of the agenda may indicate, or the presiding officer at a meeting may establish time limits for consideration of any agenda item in order that city business is conducted in an orderly manner with due regard for public input.
(I) 
An agenda shall be prepared and posted for adjourned meetings in the same manner as for regular meetings, unless the adjourned meeting is five or fewer days from the date of the original meeting and the items considered are limited to those listed on the agenda of the prior meetings. If the matters to be considered at an adjourned meeting are limited to those stated on the agenda of the prior meeting, then the agenda of the prior meeting may suffice as the agenda for an adjourned meeting.
(J) 
The City Council may discuss or take action on items of business not appearing on the posted agenda under any of the following conditions:
(1) 
An item has been continued by the Council to a date certain from a properly posted agenda at a meeting held five days or less before the date action is taken on the item:
(2) 
Upon a determination by a two-thirds vote of the Council, or if less than two-thirds of the members are present, a unanimous vote of those present that there is a need to take immediate action and that the need for action came to the attention of the city after the agenda was posted;
(3) 
Upon a determination by a majority vote of the Council that an emergency exists. For purposes of this subdivision "emergency" means a crippling disaster, work stoppage or other activity which severely impairs public health or safety where prompt action is necessary due to the disruption or threatened disruption of public facilities.
[Ord. 1205, 11-6-1996]
(A) 
The City Clerk/Deputy City Clerk shall give the mailed notice of regular and special meetings as required by Government Code Section 54954.1. The City Clerk/Deputy City Clerk shall charge an annual fee in an amount determined by the Clerk to reasonably cover the cost of the preparing, copying and mailing the notice.
(B) 
The City Clerk/Deputy City Clerk shall mail an agenda to each person who has filed a request therefore. The agenda may be mailed at the time the agenda is posted. Written requests shall be valid for one year and shall be filed according to procedures in the City Manager's office. The City Clerk/Deputy City Clerk shall charge an annual fee in an amount determined to cover the reasonably estimated cost of copying and mailing the agenda. The inadvertent failure of the Clerk to mail an agenda, or the failure of any person to receive the agenda, shall not deprive the City Council of jurisdiction of constitute grounds to invalidate any action.
(C) 
The City Clerk/Deputy City Clerk shall be responsible for the posting of all notices required by this chapter or by the Ralph M. Brown Act, unless otherwise specifically stated in this chapter.
[Ord. 1205, 11-6-1996]
(A) 
The Mayor, or in the Mayor's absence, the Mayor Pro Tem is the presiding officer at all meetings of the city Council. If the Mayor or Mayor Pro Tem are both absent from a meeting, the remaining members shall choose a temporary presiding officer of the meeting. Upon the arrival of the Mayor or the Mayor Pro Tem, the temporary presiding officer shall relinquish the chair at the conclusion of the business then before the Council. Whenever the term "presiding officer" or "mayor" is used in this chapter, and the Mayor is absent, it shall apply equally to the Mayor Pro Tem, and if the Mayor Pro Tem is also absent, to the presiding officer elected pursuant to this section.
(B) 
The presiding officer is not deprived of any of the rights and privileges of a council member by reason of being the presiding officer. The presiding officer may move, second, debate, and vote from the chair.
(C) 
The presiding officer shall be responsible for the maintenance of order and decorum at all meetings. The presiding officer shall decide all questions of order and procedure, under this chapter or the Ralph M. Brown Act subject, however, to an appeal to the Council. Any council member may as a point of personal privilege request that the presiding officer enforce the rules of procedure, order and decorum.
(D) 
Any member of the City Council may appeal any direction, instruction or determination of the presiding officer regarding order or procedure to the City Council for a determination, in which case the matter shall be determined by the majority of the quorum, including the presiding officer.
(E) 
Prior to any final ruling on a matter of order or procedure, the presiding officer or any member of the City Council may request the assistance of the City Attorney regarding the matter.
[Ord. 1205, 11-6-1996]
At the time set for each regular meeting, each member of the 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 places in the council chambers. The business of the council shall be conducted in substantially the order and in the manner provided on the agenda, and shall include an appropriate number of recesses, including lunch and dinner recess. The presiding officer shall endeavor to conduct the meeting in an orderly, even-handed and businesslike manner.
[Ord. 1205, 11-6-1996]
The Mayor or in his or her absence the Mayor Pro Tem shall take the chair at the hour appointed for the meeting and shall call the council to order. In the absence of the Mayor and Mayor Pro Tem, the City Clerk/Deputy City Clerk shall call the council to order, whereupon a temporary presiding officer shall be elected by the council members present.
[Ord. 1205, 11-6-1996]
Before proceeding with business of the council, the City Clerk/Deputy City Clerk shall call the roll of the council members and the names of those present shall be entered in the minutes.
[Ord. 1205, 11-6-1996]
Unless the reading of the minutes is requested by a majority of the quorum, the minutes may be approved without reading if the Clerk has furnished each member of the council with a copy thereof before the meeting. If the minutes have not been so distributed, approval of those minutes shall automatically be deferred to the next meeting.
[Ord. 1205, 11-6-1996]
(A) 
The minutes of the council meetings, except closed sessions, shall be kept by the City Clerk/Deputy City Clerk. The minutes shall be an action record of each particular type of business transacted. A semi-verbatim or verbatim transcript of the proceedings will not be required.
(B) 
A council member may request the privilege of having an abstract of his or her statement on any subject under consideration by the council entered in the minutes. If there is no objection from any member of the council, such statement shall be entered in the minutes.
[Ord. 1205, 11-6-1996]
As soon as possible after each meeting, the City Clerk/Deputy City Clerk shall furnish a copy of the minutes to each council member, the City Manager, City Attorney, and any other individuals designated by the City Manager.
[Ord. 1205, 11-6-1996]
(A) 
The City Clerk/Deputy City Clerk shall tape record City Council meetings as an aid in the preparation of the minutes. The tapes shall be retained for a period of two calendar years at which time approval from the City Attorney must be obtained before the tapes are reused or erased.
(B) 
While the City Clerk/Deputy City Clerk has possession of the tape recordings, the tape recordings shall be subject to inspection pursuant to the California Public Records Act. Members of the public may hear tape recordings of the City Council meetings during office hours when it will not inconvenience the ordinary operation of the Clerk's Office. Mechanical recordings may be made from the tapes under procedures established by the City Clerk/Deputy City Clerk. The Clerk shall allow city tape recording or playing machines to be used by the public, free of charge, for listening or recording purposes when such machines are not necessary for use by the City Clerk in the ordinary function of the office. The City Clerk/Deputy City Clerk is authorized to adopt administrative rules, regulations or procedures for the implementation of this section, including without limitation procedures to safeguard the tape recordings against theft, mutilation or accidental damage, to prevent inspection or recording from interfering with orderly function of the office, and to ensure that integrity of the records is maintained. Except as otherwise prohibited by law, the City Clerk/Deputy City Clerk may charge a fee sufficient to cover and which does not exceed the cost, including labor and materials, of, but not limited to, providing records and administering this provision.
(C) 
If any person desires to have a matter reported by a stenographer reporter, the person may employ one directly at his or her expense. The City Clerk/Deputy City Clerk may make reasonable accommodations in order to assure such reporter is seated in such a position at the meeting as to permit accurate recording of the proceedings.
(D) 
Any person may film, video tape, photograph or audio tape a City Council meeting in the absence of a reasonable finding by the City Council that the recording cannot continue without noise, illumination or obstruction of view that constitutes or would constitute a persistent disruption of the proceedings. City Council meetings may be broadcast or cablecast by a person utilizing equipment installed in the council chambers pursuant to a contract approved by the City Council, or by any other person provided that the broadcast or cablecast by such other person can be accomplished without noise, illumination, or obstruction of view that constitutes or would constitute a persistent disruption of the proceedings.
[Ord. 1205, 11-6-1996]
(A) 
Certain items for inclusion on the agenda which have been reviewed by the City Manager, delivered to the City Council and made available to the public prior to the council meeting, shall be grouped together for action and listed under the consent calendar, when such matters are considered to be noncontroversial or routine in nature. The actions recommended by the City Manager shall be summarized in the agenda statement for each item on the consent calendar. The consent calendar items may be approved by a single motion. Before adoption of the consent calendar the Mayor shall first determine whether any member of the Council, City Staff or the audience desires to remove an item for comment or discussion. In that event, the Mayor may defer action on the particular matter or matters and place them on the regular agenda for consideration in any order deemed appropriate. A request from the public to comment on an item must be filed with the City Clerk/Deputy City Clerk in writing prior to Council consideration of the consent calendar. Any member of the City Council may record a negative vote or an abstention on a consent calendar item without removing the item for discussion by so noting before or after a motion to approve the consent calendar is on the floor.
(B) 
The written agenda available to the public and to the City Council shall provide an explanation to the public concerning the consent calendar which reads substantially as follows:
"All items listed on the consent calendar are considered to be routine matters or are considered formal documents covering previous City Council instruction. The items listed on the consent calendar may be enacted in the form listed below by one motion and a second. There will be no separate discussion of the consent calendar items unless members of the City Council, the city staff or the public request discussion on specific consent calendar items at the beginning of the meeting. Public requests to discuss consent calendar items must be filed with the City Clerk/Deputy City Clerk before the consent calendar is called."
[Ord. 1205, 11-6-1996]
A council member desiring to speak shall first request and gain recognition by the presiding officer. This may be done by either a verbal request or a recognition light-button system.
[Ord. 1205, 11-6-1996]
A council member desiring to question the city staff shall, after recognition by the presiding officer, address his or her questions to the City Manager, the City Attorney, or to an appropriate staff member.
[Ord. 1205, 11-6-1996]
(A) 
After gaining recognition from the presiding officer a council member shall confine his/her comments to the issue under discussion, avoiding reference to character and indecorous language. Members of the Council should limit his/her remarks on any particular item of discussion to five minutes or less.
(B) 
A council member, 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 council member, or unless the speaker chooses to yield to a question by another council member. If a council member while speaking is called to order, he/she shall cease speaking until the question of order is determined and, if determined to be in order, he/she may proceed.
(C) 
Members of the city staff, after recognition by the presiding officer, shall hold the floor until completion of his/her remarks or until recognition is withdrawn by the presiding officer.
[Ord. 1205, 11-6-1996]
The presiding officer shall determine all points of order subject to the right of any council member to request full council ruling. The question on the ruling shall be, "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively determine such question of order. The presiding officer may participate in the vote on the motion.
[Ord. 1205, 11-6-1996]
The right of a council member to address the Council on a question of personal privilege shall be limited to cases in which the council member's integrity, character or motives are directly impinged or however the welfare of the Council is concerned. A council member raising a point of personal privilege may interrupt another council member who has the floor only if the presiding officer recognizes the privilege.
[Ord. 1205, 11-6-1996]
Subject to the provisions of § 30.55, the council member moving the adoption of an ordinance, resolution or motion shall have the privilege of speaking last on an item under debate.
[Ord. 1205, 11-6-1996]
A member of the Council who wishes to terminate discussion of a motion may call for the question. If the call is seconded, the presiding officer shall ask for a vote. If the call carries, the Council shall then vote on the pending motion without further discussion.
[Ord. 1205, 11-6-1996]
Any council member shall have the right to have the reasons for his/her dissent from or his/her protest against any action of the 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. 1205, 11-6-1996; Ord. 1358, 12-17-2003]
(A) 
It is the policy of the Council to permit limited presentation by members of the public on nonpublic hearing agenda items. The amount of time allocated to speakers on a particular item shall be established by presiding officer, but in no event shall be in excess of three minutes unless a greater time limit is approved by the City Council. Unless further time is granted by majority vote of the Council, the speaker shall limit his/her remarks to the time limit established by the presiding officer.
(B) 
Any person desiring to address the Council on a matter not formally scheduled for public hearing must file a written request for permission to address the Council which must be filed with the City Clerk/Deputy City Clerk in advance of the Council's consideration of that item. The presiding officer, with the consent of the Council, may allow a person who has not filed such a request to address the Council.
(C) 
Each person desiring to address the Council shall approach the podium, state his/her name and address or area of the city in which he/she lives for the record, and state whom he/she is representing if he/she represents an organization or other persons. All remarks shall be addressed to the Council as a whole and not any member thereof. No questions shall be asked of a council member or a member of the city staff without obtaining the permission of the presiding officer. The presiding officer shall not permit any communications oral or written, to be made or read where it does not bear directly on the agenda item then under discussion.
(D) 
No person shall address the Council without first securing the permission of the presiding officer.
(E) 
After a motion has been made, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so from the presiding officer which permission shall be subject to approval by a majority vote of the City Council.
[Ord. 1205, 11-6-1996; Ord. 1358, 12-17-2003]
(A) 
Every agenda for a council meeting shall provide a period for members of the public to address the Council on items of city business that are not on the agenda but are within the subject matter jurisdiction of the City Council.
(B) 
Speakers shall be limited to three minutes each. Anyone desiring to speak shall reserve time at the meeting by filing a written request with the City Clerk/Deputy City Clerk in advance of the time stated on the agenda for oral communications. Speakers will be called in the order reserved within the available time. The presiding officer with the consent of the Council may, if time permits allow persons to speak who have not filed a written request to reserve time.
(C) 
Each person desiring to address the Council shall approach the podium, state his/her name and address for the record, state matter of city business he/she wishes to discuss, and state whom he/she is representing if he/she represents an organization or other persons. All remarks shall be addressed to the Council as a whole and not to any member thereof. No questions shall be asked of a council member or a member of the city staff without obtaining the permission of the presiding officer. The presiding officer shall not permit any communication, oral or written, to be made or read where it does not bear on a matter of city business which is within the subject matter jurisdiction of the City Council.
(D) 
No action or discussion shall occur on any item raised during oral communications, except for matters requiring immediate attention which are added to the agenda. Members of the City Council may briefly respond to statements made or questions posed by persons speaking during oral communications. Members of the City Council may also ask a question for clarification, or provide a reference to staff or other resources for actual information, or request a report back from the City Manager, or his/her staff, or the City Attorney at a subsequent meeting. Matters requiring City Council action may be referred to the City Manager for placement before the City Council at a later date upon direction by the presiding officer or at the request of any member of the Council.
[Ord. 1205, 11-6-1996]
While the Council is in session the council members and city staff shall observe good order and decor. A member of the City Council or city staff shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council, nor disturb any member while speaking.
[Ord. 1205, 11-6-1996]
Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the City Council and staff and shall comply with the provisions of § 30.60.
[Ord. 1205, 11-6-1996]
(A) 
Unauthorized remarks from the audience or members thereof, stamping of feet, unruly applause, whistles, yell, and raucous demonstrations shall not be permitted by the presiding officer. If such conduct continues after directions by the presiding officer to cease, the presiding officer may order such offenders to leave the meeting room. If a person fails to leave as ordered the person shall be removed from the meeting room by the sergeant-at-arms upon direction by the presiding officer.
(B) 
Any person willfully disrupting the proceedings of the Council, and who continues to do so after being directed by the presiding officer to cease or being ruled out of order by the presiding officer, or who otherwise refuses to carry out directions or instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting, may be ordered by the presiding officer to leave the meeting room. If the person fails to leave as ordered, the person shall be removed from the meeting room by the sergeant-at-arms upon direction by the presiding officer.
(C) 
It is an infraction punishable pursuant to § 30.99 of this code for any person who once has been ordered removed from the meeting room, thereafter to disrupt the same or any subsequent meeting in the manner described in division (A) or (B) above.
(D) 
The presiding officer shall not find a person in violation of division (A) or (B) solely because the statements made by the person criticize the policies, procedures, programs or services of the city, or the acts or omissions of the City Council.
(E) 
The chief of police or such member of the police department as the chief may designate shall be sergeant-at-arms of the City Council and shall attend meetings at the request of the presiding officer, City Manager, or City Council. The sergeant-at-arms shall be available to respond to all meetings immediately upon call. The sergeant-at-arms shall carry out all instructions given by the presiding officer or City Council for the purpose of maintaining order and decorum at the Council meetings. The performance of the duties of the sergeant-at-arms pursuant to this section shall be official duties of the purposes of Penal Code Section 148.
(F) 
In addition to the provisions of this section, the presiding officer, with consent of the City Council, may invoke the remedies and procedures established by Government Code Section 54957.9.
[Ord. 1205, 11-6-1996]
(A) 
Voting shall be conducted by the use of the voting light system installed in the council chambers. A red light designates a "no or negative" vote, a green light designates a "yes or affirmative" vote, and a white light designates a vote to "abstain".
(B) 
The Council may at any time, or from time to time, dispense with use of the voting light system by voice vote of the majority. In such an event, voting shall be conducted by voice vote until such time as a determination is made to again use the voting light system or some other system.
(C) 
When the Council is voting the voice vote, a negative vote shall be registered by the oral statement of "no" by the council member voting. Affirmative vote shall be registered by the oral statement of "yes" or "aye" by the council member voting.
[Ord. 1205, 11-6-1996]
If a council member has reason to believe he/she has a conflict of interest with respect to a governmental decision he/she may give the full facts of the matter to the City Attorney and request advice thereon. The request for advice should be submitted to the City Attorney sufficiently in advance of the meeting to allow the City Attorney a reasonable opportunity to analyze the facts stated and the applicable law and to seek appropriate assistance from the Fair Political Practices Commission. Any response by the City Attorney shall be in writing, if time permits, and delivered to each council member before the meeting in question. Oral responses shall be stated on the public record. If a determination whether it is reasonably foreseeable that a financial interest would be affected by a governmental decision depends on the advice of an appraiser or similar professional, except an attorney, the City Attorney may retain such professional at city expense. Nothing in this section shall be deemed to preclude the member or the City Attorney from seeking assistance or advice on a conflict of interest matter from the Fair Political Practices Commission.
[Ord. 1205, 11-6-1996]
Every council member should vote unless disqualified by reason of conflict of interest. A council member who abstains from voting acknowledges that a majority of the quorum may decide the question voted upon.
[Ord. 1205, 11-6-1996]
(A) 
Tie votes or a vote lacking the required number of affirmative votes shall constitute "no action," and the matter voted upon remains before the Council and is subject to further Council consideration. If the City Council is unable to take action on a matter before it because of a tie vote or the lack of the required number of votes, the City Clerk/Deputy City Clerk shall place the item on the next regular meeting of the City Council for further consideration. If after subsequent consideration, the vote remains tied or the requisite number of affirmative votes is not obtained, the vote shall be deemed to result in a failure of the pending motion or a denial of the requested action.
(B) 
Subsection (A) shall not apply to votes in which all members of the City Council participate, unless a member abstains for reasons other than a conflict of interest, or to votes on matters from which a council member is disqualified from participation by operation of state law, in which event a tie vote or vote lacking the requisite number of affirmative votes shall be deemed to result in a failure of the pending motion or a denial of the requested action.
[Ord. 1205, 11-6-1996]
A council member may change his/her vote only if a timely request to do so is made immediately following the announcement of the vote by the City Clerk/Deputy City Clerk and prior to the time the next item in the order of business is taken up. A council member who publicly announces that he or she is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw the abstention.
[Ord. 1205, 11-6-1996]
(A) 
A motion to reconsider any action taken by the 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 council members who voted with prevailing side. Nothing in this section shall be construed to prevent any council member from making or remaking the same or any other motion at a subsequent meeting of the Council.
(B) 
A motion to rescind, repeal, cancel or otherwise nullify prior council action shall be in order at any subsequent meeting of the Council and may be made by any council member. The effect of such action shall operate prospectively and not retroactively and shall not operate to adversely affect rights which may have been vested in interim without notice and an opportunity to be heard having been given to the affected party or parties.
[Ord. 1205, 11-6-1996]
(A) 
Wherever by law the City Council 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 in this chapter shall prohibit or limit any member of the public from addressing the Council in accordance with the procedures provided for in this chapter, irrespective of whether or not a public hearing is being held.
(B) 
Public hearings shall be scheduled to begin at a time certain which shall be the hour the Council convenes or such other time as may be stated on the agenda. The Council shall hold public hearings in the order scheduled on the agenda at the time stated, or as soon thereafter as practicable. The presiding officer, with the consent of the Council and for good cause, may alter the scheduled order of public hearings. Time certain public hearing items shall have priority over other matters set for consideration at a time certain. If the hearing is continued to a time less than 24 hours after the time specified in the notice of such hearing a notice of continuance shall be posted immediately after the meeting at the place designated for such postings.
[Ord. 1205, 11-6-1996]
(A) 
The presiding officer shall announce that it is the time and place for a public hearing scheduled on the agenda.
(B) 
Prior to all City Council public hearings, copies of the Council's agenda with attachments, including the staff report, if any, shall be available at the office of the City Clerk/Deputy City Clerk at least 24 prior to commencement of the hearing; provided however, the Council may allow in its discretion the filling of supplemental reports which shall be made public at the commencement of the hearing.
(C) 
The order of the hearing shall be as follows unless otherwise required by law:
(1) 
Presentation of staff and/or advisory commission report.
(2) 
Presentation by the City Clerk/Deputy City Clerk of previously filed written correspondence or petitions.
(3) 
Questions from the Council.
(4) 
Presentation by the applicant, if any.
(5) 
Testimony of people in favor and people in opposition.
(6) 
Rebuttal by applicant of facts presented during other testimony.
(7) 
Further questions from Council.
(D) 
After rebuttal by the applicant no further public testimony shall be permitted, except direct responses to questions by a council member if permitted by the presiding officer. The presiding officer may order the testimony of persons in favor or in opposition in any manner deemed appropriate by the presiding officer.
(E) 
If the matter is on appeal from a decision of a city commission, the appellant shall speak before the applicant, if any, and shall be entitled to rebuttal after the applicant.
(F) 
The provisions of § 30.56 for addressing the Council shall apply to persons testifying at public hearings except that:
(1) 
A written request to speak shall not be required;
(2) 
An applicant shall have 20 minutes, including rebuttal time;
(3) 
An appellant, if any, shall have 20 minutes including rebuttal time.
(G) 
The presiding officer may, with the consent of the Council, dependent upon the necessity for ensuring adequate presentation of testimony and evidence to provide a fair hearing, set longer or shorter time limits than otherwise allowed by this chapter.
(H) 
If a public hearing cannot be reasonably concluded in light of other business to be conducted and the number of persons desiring to present testimony, the hearing may be continued to another date or dates by presiding officer.
[Ord. 1205, 11-6-1996]
(A) 
During the public hearing, the Council shall receive oral or written evidence relevant to the matter being considered which shall become part of the record. The presiding officer, or any member of the Council through the presiding officer, may require the City Clerk/Deputy 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 Council, the oath is necessary. Evidence received at public hearings 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 law for judicial proceedings in the State of California shall be substantially relaxed in order to afford a full presentation of the facts essential for judicious consideration by the Council of the matter which is the subject of public hearings. Failure on the part of the City Council to strictly enforce rules of evidence or to reject matters which may irrelevant or immaterial shall not affect the validity of the hearing. Any procedural errors which do not affect the substantial rights of the parties shall be disregarded. The Council may order the City Clerk/Deputy City Clerk to issue and the Chief of Police of his representative to serve subpoenas for attendance of any witnesses or for production of any records at a Council meeting with respect to any duly scheduled hearing.
(B) 
If there is a staff report, it shall be considered as evidence and shall become part of the record of a public hearing. Such report need not be read in full as part of the staff presentation. A synopsis of such report may be presented orally by staff members to the Council. In addition, any of the following may be presented to the City Council and, if presented, shall also become part of the record:
(1) 
Exhibits and documents used by the city staff and any person participating in the hearing;
(2) 
Maps and displays presented for use at the hearing; provided that, whenever practicable, they shall be displayed in full view of the participants and the audience;
(3) 
All communications and petitions concerning the subject matter of the hearing; provided that, a reading of such matters only shall be had at the request of a council member;
(4) 
Information obtained outside the council chambers, such as a view of the site, provided such information, to the extent it forms the basis for finding in a quasi-adjudicative matter, shall be disclosed for the record.
(C) 
All exhibits, reports, maps and other physical evidence placed before the Council shall be retained by the City Clerk/Deputy City Clerk. Such exhibits may be released by the Clerk with the approval of City Attorney. Items that are large, perishable, bulky or otherwise difficult to store may be returned to the person submitting the item provided that a photographic or videotape record of the item is retained by the City Clerk/Deputy City Clerk.
[Ord. 1205, 11-6-1996]
At any time that it appears to the presiding officer, or a majority of the 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, or for other just cause, a continuation of said hearing may be ordered to afford the applicant, the applicant's opponents, or the city staff adequate time to assemble additional evidence for the Council's consideration. Any continuation ordered by the Council through its presiding officer shall be to a date certain, which said date shall be publicly announced in the council chamber and shall constitute notice to the public 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 Planing 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/or appellant and to all members of the public of the time and place when further evidence will be taken by the Council. The Council shall also have the option to set the matter to a hearing de novo.
[Ord. 1205, 11-6-1996]
When neither the applicant, public members in attendance, nor the city staff have further evidence to produce, or when, in the opinion of a majority of the Council or of the presiding officer with the consent of the Council, 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 Council; provided, however, that this rule may be relaxed by the presiding officer or a majority of the 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. 1205, 11-6-1996]
A public hearing on any matter once closed cannot be reopened on the date set for hearing unless the presiding officer determines that all persons who were present when the hearing closed are still present. Nothing in this section, however, is intended to prevent or prohibit the reopening of public hearing at any subsequent regular or special meeting of the 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 said reopening.
[Ord. 1205, 11-6-1996]
(A) 
The City Council shall consider all evidence properly before them in accordance with this chapter. Unless the documents are presented as part of the staff report, the Council shall then indicate its intended decision and instruct the City Attorney to return with the documents necessary to effect that decision including findings as may be appropriate to the matter. Upon return of such documents, the Council shall determine if the findings are supported by the evidence before it at the hearing, and if the decision is supported by the findings, and after making any changes render its decision by taking action on the documents. The City Council's decision is not final until approval of the documents.
(B) 
A council member who was absent from all or part of a public hearing on matters for which a public hearing is required by law shall not participate in a decision on the matter unless he or she has examined all the evidence including listening to a recording of the oral testimony and can represent that he or she has a full understanding of the matter.
[Ord. 1205, 11-6-1996]
(A) 
A motion is the formal statement of a proposal or question to the Council for consideration and action. Every council member has the right to present a motion. A motion is generally not be considered as a legislative or quasi-judicial action of the Council, but is in the nature of direction or instruction, however, a motion will generally suffice unless a resolution or ordinance is specifically called for by law or unless there is some reason for desiring the particular action formalized by separate instrument. Resolutions or ordinances may be introduced or adopted by appropriate motion.
(B) 
If a motion contains two or more divisible propositions, the presiding officer may divide the same.
(C) 
If a motion is properly made, the presiding officer shall call for a second. No further action is required on a motion which does not receive a second.
(D) 
When a motion is made and seconded, it shall be restated by the presiding officer, or the City Clerk/Deputy City Clerk upon request by the presiding officer, before a vote.
(E) 
A motion once before the Council may not be withdrawn by the maker without the consent of the second.
[Ord. 1205, 11-6-1996]
(A) 
When a main motion is before the Council, no motion shall be entertained except the following which shall have precedence, one over the other, in the following order:
(1) 
Adjourn;
(2) 
Recess;
(3) 
Table;
(4) 
Previous question (calling the question);
(5) 
Limit or extend debate;
(6) 
Refer to committee or staff;
(7) 
Amend;
(8) 
Postpone;
(9) 
Main motion.
(B) 
The order of preference in division (A) is subject to the following restrictions:
(1) 
A motion shall not be in order which repeats a motion made previously at the same meeting unless there has been some intervening Council action or discussion. A motion shall not be in order to revive a previous motion previously defeated at the meeting, or to rescind or otherwise change the nature of a motion previously approved at the meeting, unless a motion to reconsider is first made and approved.
(2) 
A motion shall not be in order when the previous question has been ordered.
(3) 
A motion shall not be in order while a vote is being taken.
(4) 
A motion shall not be in order when made as an interruption of a council member while speaking.
[Ord. 1205, 11-6-1996]
The purpose and salient criteria of the motions listed in § 30.75 is as follows:
(A) 
Motion to adjourn:
(1) 
Purpose. To terminate a meeting;
(2) 
Debatable or amendable. No, except a motion to adjourn to another time is debatable and amendable as to the time to which the meeting is to be adjourn.
(B) 
Motion to recess:
(1) 
Purpose. To permit an interlude in the meeting and to set a definite time for continuing the meeting.
(2) 
Debatable or amendable. Yes, but restricted as to time for continuing the meeting.
(C) 
Motion to table:
(1) 
Purpose. To set aside, on a temporary basis, a pending main motion: provided that, it may be taken up again for consideration during the current meeting or at the next regular meeting;
(2) 
Debatable or amendable. It is debatable but not amendable.
(D) 
Motion for previous question ("calling the question"):
(1) 
Purpose. To prevent or stop discussion on the pending question or questions and to bring such question or questions to vote immediately. If the motion passes, a vote shall be taken on the pending motion or motions:
(2) 
Debatable or amendable. No.
(E) 
Motion to limit or extend debate:
(1) 
Purpose. To limit or determine the time that will be devoted to discussion of a pending motion or to extend or remove limitations already imposed on its discussion.
(2) 
Debatable or amendable. Not debatable; amendments are restricted to period of time of the proposed limit or extension.
(F) 
Motion to refer to committee or staff:
(1) 
Purpose. To refer the question before the Council to a committee or to the city staff for the purpose of investigating or studying the proposal and to make a report back to the Council. If the motion fails, discussion or vote on the question resumes.
(2) 
Debatable or amendable. Yes.
(G) 
Amend:
(1) 
Purpose. To modify or change a motion that is being considered. An amendment may be in any of the following forms: to "add" or "insert" certain words or phrases: to "strike out certain words or phrases and to add other": to "substitute" certain words, phrases or actions on the same subject matter as the one pending; to "divide the question" into two or more questions so as to get a separate vote on particular points. A motion to amend shall relate to the subject of the main motion. A motion to amend by substitution shall not be used to change the nature of the main motion. If the motion to amend passes, then the main motion should be voted on as amended.
(2) 
Debatable or amendable. It is debatable unless applied to an undebatable main motion. It is amendable. A motion to amend an amendment is not further amendable.
(H) 
Motion to postpone (continue):
(1) 
Purpose. To prevent further discussion and voting on the main motion until a future date or event. If the motion fails, discussion and voting on the main motion resumes. If it passes, the subject of the main motion shall not be brought up again until the specified date or event.
(2) 
Debatable or amendable. It is debatable but not amendable.
(I) 
Main motion:
(1) 
Purpose. The primary proposal or question before the Council for discussion and decision:
(2) 
Debatable or amendable. Yes.
[Ord. 1205, 11-6-1996]
All legislative action undertaken by the City Council shall generally be by means of an ordinance or resolution. Legislation of a permanent nature which is to remain in force until amended or repealed, which establishes rights and obligations and the failure to comply with which may result in a penalty, shall be by ordinance.
[Ord. 1205, 11-6-1996]
All ordinances shall be prepared or approved by the City Attorney. No ordinance shall be presented to the Council unless the City Attorney has approved the ordinance.
[Ord. 1205, 11-6-1996]
(A) 
The first item of business on the consent calendar shall be a motion to waive the reading of the text of ordinances after the reading of the title. If that motion passes unanimously then ordinances presented at the meeting for introduction or adoption shall not be read in full unless, after the reading of the title a reading of the text is requested by a majority of the Council. If a majority of the council members so requests the ordinance shall be read in full.
(B) 
After the reading of the title, an ordinance may be introduced by a motion approved by the affirmative vote of three members of the Council.
(C) 
When an ordinance is altered after introduction, it shall be re-introduced prior to adoption. Correction of typographical or clerical error are not alterations within the meaning of this subsection.
(D) 
Not sooner than five days after introduction, an ordinance shall be returned to the City Council for consideration of adoption. Adoption shall be by motion approved by the affirmative vote of at least three members of the Council.
(E) 
The City Attorney is designated as the official responsible for preparing summaries of ordinances or approving summaries prepared by the City Clerk/Deputy City Clerk. When requested by the City Clerk/Deputy City Clerk, the City Attorney shall prepare a summary of an ordinance for publication pursuant to the provisions of Government Code Section 39633. If approved by the City Attorney, the title of an ordinance may serve as the summary.
(F) 
The provisions of this section are intended to supplement the provisions of California Government Code Section 36931 et seq. relating to enactment of ordinances. Urgency ordinances may be adopted at the time of introduction pursuant to the provisions of the Government Code.
[Ord. 1205, 11-6-1996]
(A) 
In most cases, a resolution is little more than a formal motion set forth in a formal document. In some matters, such as an assessment proceeding, general plan amendment or the granting or denial of variance, a resolution is required. A resolution should be required under any circumstances where it is desirable that the action be formally recorded in the office of the City Clerk as a numbered document which can be used for future reference. Legislative actions as set forth in § 30.77 should be by ordinance or resolution.
(B) 
Resolutions appropriating or ordering the payment of money shall be adopted only upon the affirmative vote of at least three members of the Council.
(C) 
Resolutions fixing the rate of taxes to be levied or the amount of revenue required to be raised by taxation shall be published in the same manner and within the same time as ordinances are required to be published.
[Ord. 1205, 11-6-1996]
(A) 
Where a particular resolution has been prepared and is before the Council, it shall be adopted by motion, second, discussion and vote. It is not necessary to read the resolution by title or in full, provided it is identified by the presiding officer. Upon request of a majority of the quorum a resolution shall be read in full.
(B) 
Where a particular resolution has not been prepared, a motion to direct the City Attorney to prepare the document and return it to the Council is ordered.
(C) 
Where necessary, a resolution may be presented verbally in motion form together with instructions for written preparation. Upon preparation and execution of such a resolution, it shall become an official action of the Council without the need for further City Council action.
[Ord. 1205, 11-6-1996]
(A) 
The provisions of this chapter are intended to supplement the provisions of the Ralph M. Brown Act with respect to matters not covered by the Act or which are the subject of local regulation under the Act. To the extent of any conflict between the provisions of this chapter and the Act, the provisions of the Act shall prevail.
(B) 
If a matter arises at a council meeting which is not covered by this chapter or applicable provisions of federal or state law or the Indio City Code, the latest revised edition of The Standard Code of Parliamentary Procedure may be used as a guide for resolution of the particular procedural issue raised to the extent that such rules are applicable to meetings of a legislative body of a city.
(C) 
The City Clerk/Deputy City Clerk shall provide a copy of this chapter and of the Ralph M. Brown Act to each person elected to serve as a member of the City Council who has not assumed the duties of office.
[Ord. 1205, 11-6-1996]
(A) 
The City Manager or his or her designated representative, is authorized to open and examine all mail or other written communications addressed to the City Council, except correspondence addressed to individual council members, and to give it warranted attention to the end that all administrative business referred to in said communications and not requiring City Council action may be acted upon between council meetings: provided, that all communications and any action taken pursuant thereto shall be reported to the City Council. The City Manager may keep, distribute, copy or direct the keeping, distribution, or copying of such mail or other written communications as the Manager deems necessary or appropriate for the efficient conduct of city business.
(B) 
The City Manager's office and City Clerk's office shall coordinate with respect to mail received by the City Clerk's office in order to effectively accomplish the purposes of this section.
(C) 
Correspondence concerning a matter on an agenda for consideration by the Council, and received by the City Manager's office or City Clerk's office prior to twelve noon two days before delivery of agenda packages to City Council members, shall be made a part of the agenda item package. A copy of correspondence received after that time shall be delivered to each council member as soon as feasible before the meeting, or at the meeting, and a copy shall be filed with the City Clerk/Deputy City Clerk as soon as practicable after receipt. Such correspondence shall be a part of the record of the meeting, but generally shall not be read aloud at a council meeting unless directed by the Mayor with the consent of the City Council. Correspondence delivered to the City Clerk/Deputy City Clerk, or two members of the City Council, at a meeting shall be part of the record; upon request by any member of the City Council such correspondence may be read aloud or paraphrased by the City Clerk/Deputy City Clerk in lieu of oral testimony by the person submitting the letter. In the preparation of the record of a meeting, the city is not required to keep duplicate copies of a document.
(D) 
Correspondence requiring or requesting Council action on a subject matter within its jurisdiction shall be placed on an agenda as soon as practicable, together with a report and recommendation from the City Manager.
(E) 
The City Manager may establish administrative policies to implement the provisions of this section.
[Ord. 1205, 11-6-1996]
(A) 
Routine correspondence addressed to the City Council which is received by individual council members, the City Manager, the City Clerk/Deputy City Clerk or any other officer or employee of the city shall not be a matter of public record unless it is received and filed by the Council or any member thereof at a regular, special, or adjourned meeting of the Council or is kept and used by the city in the course of city business.
(B) 
Correspondence received by the Mayor or individual members of the City Council containing evidence relevant to an administrative or quasi-judicial hearing shall be delivered by the member to the City Clerk/Deputy City Clerk for distribution to all members of the City Council at or before the hearing. Petitions of residents received by the Mayor or members of the City Council relating to matters scheduled for a City Council meeting shall be delivered to the City Clerk/Deputy City Clerk upon receipt for distribution to the City Manager and other members of the City Council. Compliance with this section shall not be necessary with respect to correspondence or petitions that indicate distribution to all members of the City Council.
(C) 
Nothing in this section shall be construed to require distribution of other correspondence or disclosure of information protected by the deliberative process privilege.
[Ord. 1205, 11-6-1996]
In order to assure timely compliance with Government Code Section 54957.5 agendas of public meetings and any other writings, when distributed to all, or a majority of all, of the members of the legislative body of the city by a member of the city staff or by a member of the city staff on behalf of any person in connection with a matter subject to discussion or consideration at public meeting of the shall be made available for public review at the Clerk's office. This section shall not apply to any writing exempt from public disclosure under Section 6253.5, 6254, or 6254.7 of the Government Code.
[Ord. 1205, 11-6-1996]
(A) 
No member of the City Council, city officer or employee of the city or any other person present during a closed session of the Council shall disclose to any person the content or substance of any information presented or discussion which took place during the closed session unless the City Council first authorizes the disclosure of such information by the affirmative vote of three members.
(B) 
Except when disclosure is mandated by state or federal law, no member of the City Council, officer or employee of the city or any other person shall disclose to any person the content or substance of any confidential or privileged communication relating to matters of city business, received under circumstances where the confidential or privileged nature of the communication is reasonably conveyed or understood, unless the disclosure is first authorized by the affirmative vote of three members of the City Council.
(C) 
Divisions (A) and (B) shall not apply to:
(1) 
Confidential disclosures to other officers or employees of the city;
(2) 
Disclosures to members, officers or employees of other governmental agencies, where the disclosure is in confidence and is necessary for furtherance of official city business;
(3) 
Disclosures necessary to report a crime or violation of law to a responsible enforcement agency;
(4) 
Disclosures by the City Attorney, City Manager or the city's designated negotiators when such disclosures are deemed necessary by such person to accomplish the official business of the city pursuant to directions obtained during the closed session.
(D) 
Pursuant to Government Code Section 1098, no member of the City Council or officer or employee of the city shall use confidential information received in the course and scope of their office or employment for private financial gain. Such use of confidential information constitutes a violation of Government Code Section 1098, a misdemeanor.
(E) 
Members of the City Council who violate divisions (A) or (B) may be subject to censure upon the affirmative vote of three members of the City Council.
(F) 
Other officers or employees of the city who violate divisions (A) or (B) may be subject to disciplinary action be the appointing authority.
[Ord. 1205, 11-6-1996]
The City Manager shall maintain a council policy manual to contain such written policies as the Council may adopt. The purpose of council policies are to indicate how the Council intends to rule in the future on particular matters of a recurring nature which are subject to their discretion. Policies shall be numbered and dated and shall remain in effect until rescinded.
[Ord. 1205, 11-6-1996]
(A) 
The failure to strictly observe the procedural provisions of this subchapter shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law so long as the requisite number of council members have agreed to the particular action. To the extent that this subchapter establishes requirements that are more retroactive than the Ralph M. Brown Act, or other provisions of state statute applicable to meetings of the City Council, the provisions of this subchapter shall prevail.
(B) 
A failure on the part of any person to register a timely objection of an alleged violation of the procedures of this subchapter shall constitute a waiver of all such objections. An objection shall be deemed be timely only if it is made during the meeting, proceeding or public hearing to which the alleged violation relates. Nothing in this section shall preclude the City Council from taking any action deemed appropriate by the Council to cure a violation or alleged violation of the procedures of this subchapter that is brought to its attention.
(C) 
The procedural provisions of this subchapter establishing duties of city officers or employees are directory in nature and shall not be deemed to create a mandatory duty the breach of which could result in liability to the city or to the officer or employee pursuant to state or other law.
[Ord. 1205, 11-6-1996]
Where no specific appeals procedure exists for an appeal, any decision of a commission, committee or person which substantially affects the rights, duties or privileges of an aggrieved person, such decision may be appealed to the City Council by filing a written notice of appeal with the City Clerk/Deputy City Clerk within ten calendar days of the date of the decision. Fees, if any, for filing an appeal shall be established by resolution of the City Council. The decision of the City Council shall be final.
[Ord. 1205, 11-6-1996]
Whenever the requirement of this code or other law require that hearings with regard to a particular matter be conducted pursuant to a specific procedure, the provisions of the law establishing the requirements shall prevail over this chapter to the extent of any inconsistency.
[Ord. 1205, 11-6-1996]
Whenever any law requires that testimony presented to the City Council be under Oath or affirmation, the persons presenting such testimony shall be sworn in by the City Clerk/Deputy City Clerk or the Mayor.