Chapter 2.04
CITY COUNCIL MEETINGS*

Sections:

2.04.010    Purpose and intent of provisions – Policy manual.

2.04.020    Meetings – Time and place.

2.04.030    Meetings – Adjournment.

2.04.040    Meetings – Special – Notice required – Waiver of notice.

2.04.050    Workshops.

2.04.060    Meetings and conferences open to the public – Exceptions.

2.04.070    Attendance.

2.04.080    Quorum.

2.04.090    Agenda – Submission of items – Preparation – Effect.

2.04.100    Items not on posted agenda.

2.04.110    Items requiring approval for form, legality or administration.

2.04.120    Written communications.

2.04.130    Oral communications.

2.04.140    Order of business.

2.04.150    Consent calendar.

2.04.160    Mayor to preside.

2.04.170    Presiding officer powers and duties.

2.04.180    Call to order – Presiding officer.

2.04.190    Roll call.

2.04.200    Reading of minutes.

2.04.210    Right to address the Council – Limitations.

2.04.220    Addressing the Council – Consent required – Rules and time limits.

2.04.230    Addressing the Council – Individuals.

2.04.240    Addressing the Council – Spokesman for a group of persons.

2.04.250    Addressing the Council – After certain procedures – Permission required.

2.04.260    Councilmembers – Getting the floor.

2.04.270    Councilmembers – Questions to staff.

2.04.280    Councilmembers – Interruptions prohibited – Exceptions.

2.04.290    Points of order – Determination.

2.04.300    Point of personal privilege.

2.04.310    Councilmembers – Right to enter statement or synopsis of debate in minutes.

2.04.320    Councilmembers – Decorum and order to be preserved.

2.04.330    Audience – Decorum and order.

2.04.340    Decorum and order – Enforcement – Violation deemed misdemeanor.

2.04.350    Hearings – Conduct generally.

2.04.360    Hearings – Evidence to be presented.

2.04.370    Hearings – Evidence taken outside chambers considered when.

2.04.380    Hearings – Continuances.

2.04.390    Hearings – Decisions and determinations.

2.04.400    Hearings – Recordings to be made – Transcriptions.

2.04.410    Minutes – Records to be kept – Form and contents.

2.04.420    Minutes – Councilmembers’ remarks entered when.

2.04.430    Minutes – Synopsis of discussion entered when.

2.04.440    Minutes – Delivery to councilmembers and other officers.

2.04.450    Motions – Presentation generally – Resolutions required when.

2.04.460    Motions – Order of precedence.

2.04.470    Motions – Purpose and criteria described.

2.04.480    Legislative action to be by ordinance or resolution when.

2.04.490    Ordinances – Preparation.

2.04.500    Ordinances and resolutions – Prior approval required when.

2.04.510    Ordinances and resolutions – Introduction and sponsorship required when – Readings – Amendment.

2.04.520    Ordinances – Title.

2.04.530    Ordinances – Ordaining clause.

2.04.540    Ordinances – Effective date of adoption.

2.04.550    Voting – Procedure generally.

2.04.560    Voting – Changes permitted when.

2.04.570    Reconsideration or rescission of prior action – Procedure generally.

2.04.580    Repealed.

2.04.590    Repealed.

*    For Charter law regulating City Council meetings, see City Charter §§ 306 – 318; for statutory provisions concerning City Council meetings, see Gov. Code §§ 36805 – 36811.

2.04.010 Purpose and intent of provisions – Policy manual.

It is the purpose of this chapter to establish rules for the organization of the City Council and procedures for the conduct of meetings of the City Council, as well as Council conferences. It is the intent of the City Council, by the adoption of this chapter, to establish such rules and procedures to facilitate the conduct of Council meetings and conferences, and to establish a Council policy manual to be adopted by resolution of the City Council. The Council may, from time to time, adopt by resolution necessary or desirable policies to implement the procedures established herein, and such policies shall be maintained in such Council policy manual, a copy of which shall be on file in the office of the City Clerk. Such manual shall also contain all rules and policies adopted pursuant to other provisions of this code. (Ord. 1486 § 2, 1973; prior code § 1.201).

2.04.020 Meetings – Time and place.

Pursuant to the provisions of Section 306 of the Charter, the Council shall hold regular meetings in the Council chambers of the Civic Center Complex, 276 Fourth Avenue in the City, or in such other place as may be determined by the Council, on the first, second, third, and fourth Tuesday of each month at 4:00 p.m. When the day for any regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday.

It shall be the general policy of the City Council to cancel any meetings in the last week of June and the first week of July, the Tuesday following the Thanksgiving holiday, the week following Easter, the Tuesday following Labor Day, and the week of Christmas and New Year’s. Any of these meetings may be reinstituted if necessary by a majority of the Council. (Ord. 3129 § 1, 2009; Ord. 2697 § 1, 1997; Ord. 2444 § 1, 1991; Ord. 2322 § 1, 1989; Ord. 2249 § 1, 1987; Ord. 2226 § 1, 1987; Ord. 2200 § 1, 1987; Ord. 2192 § 1, 1987; Ord. 2127 § 1, 1985; Ord. 2062 § 1, 1984; Ord. 1637 § 1, 1975; Ord. 1576 § 1, 1974; Ord. 1486 § 2, 1973; prior code § 1.202(1)).

2.04.030 Meetings – Adjournment.

Any meeting 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 presiding officer by a simple declaration thereof in the absence of a protest by any member of the Council. Meetings may also be adjourned upon the making and seconding of such a motion in accordance with the procedures on motions established by this chapter. (Ord. 1486 § 2, 1973; prior code § 1.202(2)).

2.04.040 Meetings – Special – Notice required – Waiver of notice.

Special meetings may be called any time by the Mayor, or by three members of the City Council, by delivering personally or by mail written notice to each Councilmember and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must 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 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 Councilmember 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 Councilmember who is actually present at the meeting at the time it convenes. The call and notice shall be posted at least 24 hours prior to the special meeting in a location freely accessible to the public. Neither the notice nor posting requirements shall apply to an emergency special meeting authorized by Government Code Section 54956.5. However, during a meeting called pursuant to such section, the City Council shall not meet in closed session pursuant to Government Code Section 54957. (Ord. 2185 § 1, 1987; Ord. 1486 § 2, 1973; prior code § 1.202(3)).

2.04.050 Workshops.

A. The Mayor may announce, or the Council on majority vote may direct, at any regular Council meeting, the convening of a Council workshop on the first Thursday of the month, and in such event, the Council shall conduct a Council meeting on said first Thursday of the month at 4:00 p.m. in the Council Chambers in the Civic Center Complex, Administration Building, at 276 Fourth Avenue, unless otherwise noticed. Said meeting shall be known as a “Council workshop,” and shall be conducted in a “workshop” context according to the rules, policies, and guidelines herein set forth in this section.

B. The primary purpose of the Council workshop meeting shall be to address matters which are primarily of a planning character or other matters which require extensive deliberation of such length, duration or complexity as to be not conveniently capable of being addressed at the regular Tuesday Council meetings. Notwithstanding the foregoing, other matters may be addressed which, in the opinion of the City Manager, have some aspect of urgency to them or should be addressed at such meeting in subsequent Tuesday City Council meeting.

C. Notice requirements for special Council conferences, other than Council workshops noticed in the manner herein provided, shall be the same as those for special Council meetings.

D. At such Council workshops or special conferences, the City Council may require the attendance of members of any boards and commissions or members of the administrative staff for the purpose of discussing those items that appear on the Council conference agenda.

E. Council workshop meetings shall be deemed a regular City Council meeting for all intents and purposes, and the City Council shall have the full authority to take any and all actions which the City Council is otherwise authorized by law or Charter to take at meetings.

F. The City Clerk, unless otherwise directed by the City Council, may limit the record of Council workshop meetings to a record of actions taken (“action minutes”) by the Council. (Ord. 3137 § 1, 2009; Ord. 2444 § 2, 1991; Ord. 1486 § 2, 1973; prior code § 1.202(4)).

2.04.060 Meetings and conferences open to the public – Exceptions.

All regular and special meetings of the City Council, all regular and special conferences of the City Council and the meetings of all commissions and boards established by the City Council shall be open to the public. At all regular Council meetings, all citizens shall have the right to personally or through counsel present grievances or offer suggestions for the betterment of municipal affairs, in accordance with the limitations provided by this chapter to establish reasonable regulation of said meetings. Public participation at special meetings of the City Council or regular or special Council conferences shall be limited by Council action, and no citizens may be heard at such meetings or conferences unless permission is granted or requested by the City Council. Pursuant to the provisions of the laws of the state, the City Council may hold executive sessions from which the public may be excluded for the consideration of the following subjects:

A. Personnel Matters. To consider appointment, employment, or dismissal of a public officer, person or employee or to hear complaints or charges brought against an officer or employee, unless such officer or employee requests a public hearing. The Council may exclude from any such executive session during the examination of a witness any or all other witnesses in the matter being investigated; and to consider matters of labor negotiations with employee associations or unions;

B. Attorney-Client Matters. To consider proposed or pending litigation to which the city is a party;

C. Security Efforts for the Public and Public Employees. To meet with the chief of police and other law enforcement officers on matters relating to security efforts for the public, public employees and public buildings. (Ord. 1486 § 2, 1973; prior code § 1.202(5)).

2.04.070 Attendance.

Councilmembers are expected to attend all meetings of the city council. If a councilmember absents himself without permission from all regular city council meetings for 30 days consecutively from the last regular meeting he attends, his office becomes vacant and shall be filled as any other vacancy. (Ord. 1486 § 2, 1973; prior code § 1.203).

2.04.080 Quorum.

Three members of the council shall constitute a quorum and shall be sufficient to transact regular business. If less than three councilmembers appear at a regular meeting, any member, or if all members are absent, the city clerk, shall adjourn the meeting to a stated day and hour. The clerk shall cause a written notice of the adjournment to be delivered personally to each councilmember at least three hours before the adjourned meeting. (Ord. 1486 § 2, 1973; prior code § 1.204).

2.04.090 Agenda – Submission of items – Preparation – Effect.

A. Preparation and Delivery of Agenda. An agenda shall be prepared for each regular meeting, including council workshop meetings, containing a brief general description of each item of business to be transacted or discussed.

1. Delivery to City Clerk. Summary of agenda items shall be delivered to the city clerk not later than noon, 12 days preceding the regular meeting. Agenda items, i.e., background and requests for particular actions or reports, shall be delivered to the city manager not later than 5:00 p.m. on the Wednesday preceding the regular meeting. The clerk shall thereafter prepare the agenda under the direction of the city manager.

2. Delivery to Council. The agenda, together with all reports, resolutions and ordinances pertaining thereto, shall be delivered to councilmembers on the Thursday preceding the regular meeting.

B. Posting and Public Availability of Agenda. The agenda shall be posted at least 72 hours before the regular meeting in a location freely accessible to the public, and be made available to the public as soon as practicable.

C. Contents of Agenda.

1. The agenda shall specify the time and location of the regular meeting.

2. Items of business shall be placed on the agenda at the direction of the city manager; city attorney; city clerk; a majority of the council; or a council-approved board, commission or committee, upon an affirmative vote of a majority of the entire membership of said body directing same.

3. For items to be considered as a public hearing at any city council meeting, including council workshop meetings, staff shall notice and council shall address the public hearing at the beginning hour of the meeting at which the public hearing will be considered, or as soon thereafter as the council’s agenda may permit in its due course.

4. The agenda shall provide a section for members of the public to directly address the council on items of interest to the public within the subject matter jurisdiction of the council.

5. The agenda shall provide a section entitled “mayor’s report,” which section shall be reserved for reports of the mayor to the city, the staff or the public on matters of city business. If there is any written material which is the subject matter of a mayoral report, the mayor or his designee shall make a diligent effort to provide the city clerk with a copy of said written material in sufficient advance time to permit the inclusion of same into the agenda, and related material, for delivery to the council.

6. The agenda shall provide a section entitled “council comments” for councilmembers to directly address the city, staff, or the public on items of interest (“council comments”) to the councilmember. If there is any written material which is the subject matter of council comments, the sponsoring councilmember shall make a diligent effort to provide the city clerk with a copy of said written material in sufficient advance time to permit the inclusion of same into the agenda, and related material, for delivery to the council.

D. Agenda Package Material. Whenever feasible, each item on the agenda shall contain a staff recommendation and the specific action requested to be taken by the council.

E. Prohibition of Action – Exceptions. No matters other than those listed on the agenda shall be acted upon by the council, except as provided in CVMC 2.04.100.

1. A direction by the council to refer a matter not on the posted agenda raised by a member of the council or of the public to staff for a report, or to place a matter on a future agenda, shall not constitute action. (Ord. 2634 § 2, 1995; Ord. 2444 § 3, 1991; Ord. 2426 § 1, 1990; Ord. 2185 § 2, 1987; Ord. 1486 § 2, 1973; prior code § 1.205(1)).

2.04.100 Items not on posted agenda.

The city council may take action upon items of business not on the posted agenda upon a determination:

A. By a majority vote that an emergency situation, as defined by Government Code Section 54956.5, exists; or

B. By a two-thirds vote, or if less than two-thirds of the members are present, a unanimous vote of those members present, that the need to take action arose subsequent to the agenda being posted; or

C. The item was posted for a prior meeting of the city council occurring not more than five calendar days prior to the date action is taken, and at the prior meeting, the item was continued to the meeting at which action is being taken. (Ord. 2185 § 3, 1987; Ord. 1486 § 2, 1973; prior code § 1.205(2)).

2.04.110 Items requiring approval for form, legality or administration.

All ordinances, resolutions and contract documents shall, before presentation to the council, have been approved as to form and legality by the city attorney or his authorized representative, and shall have been examined and approved for administration by the city manager or his authorized representative where there are substantive matters of administration involved. (Ord. 1486 § 2, 1973; prior code § 1.205(3)).

2.04.120 Written communications.

The city clerk is authorized to place any communication requiring council action received at the clerk’s office prior to 4:00 p.m. on Monday, eight days preceding each council meeting, and shall be listed on the agenda as provided for under the order of business established in this chapter. Any such communication received thereafter shall be listed on the agenda for the next regular council meeting held thereafter. All communications shall be submitted to the council with a report and recommendation by the city staff. All correspondence shall be answered or acknowledged as soon as practicable. (Ord. 2634 § 2, 1995; Ord. 2426 § 2, 1990; Ord. 2185 § 4, 1987; Ord. 1486 § 2, 1973; prior code § 1.205(4)).

2.04.130 Oral communications.

All citizens requesting permission to address the city council on any matter not contained in the agenda of a regular meeting may submit such request to the city clerk prior to the time during the meeting at which “oral communications” are invited. The nature of the oral communication and the name of the person or persons desiring to be heard shall be clearly stated in such requests. Such oral communications shall not be subject to debate or participation by other members of the public present at the council meeting. (Ord. 2634 § 2, 1995; Ord. 1486 § 2, 1973; prior code § 1.205(5)).

2.04.140 Order of business.

At the time set for each regular meeting, the councilmembers, city clerk, city manager, city attorney and such department heads as have been requested to be present shall take their regular places in the council chamber. The mayor shall call the meeting to order and the business of the council shall be taken up for consideration and disposition in the order set by resolution, except that with consent of a majority of the council, items may be taken up out of order. All business brought before the council will be promptly attended to; provided, that upon the request of any councilmember, the same shall be referred to the proper official for investigation before any action shall be taken thereon by the council as a whole. The agenda shall contain the title headings and shall be conducted in the order as set forth by resolution of the city council. (Ord. 1731 § 1, 1977; Ord. 1506 § 1, 1973; Ord. 1486 § 2, 1973; prior code § 1.206).

2.04.150 Consent calendar.

A. Items for inclusion on the agenda which have been reviewed by the city manager and staff and determined to not require special council consideration, mailed to the council for study, and which are made available to the public prior to and at council meetings shall be grouped together for action by the city council. Staff recommendations on the action to be taken for said items shall be indicated in a concise and summary form. These matters shall be listed under what is to be known as the “consent calendar” in the order of business as indicated in CVMC 2.04.140. Adoption of the consent calendar may be made by a simple motion approved by the city council; provided, however, that the presiding officer shall first advise the audience that the consent calendar matters will be so adopted, in total, by one action of the council, unless any council member or any individual or organization interested in one or more consent calendar items has any question or wishes to make a statement relative to such an item. In that event, the presiding officer may defer action on the particular matter or matters and place the same on the agenda for consideration in such order as he deems appropriate.

B. It is understood that the motion for approval of items on the consent calendar encompasses therein a waiver of the requirement of reading of the text of ordinances and resolutions contained therein, at a direction that the reading of the text be waived and that the heading only be read and, in the case of ordinances, that such ordinance be placed on second reading and adopted.

C. The written agenda available to the public and to the city council shall provide the following notice of explanation to the public concerning the consent calendar:

All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion of these items prior to the time the council votes on the motion unless members of the council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Mayor, state their name, address and Consent Calendar item number.

(Ord. 2442 § 1, 1991; Ord. 2426 § 3, 1990; Ord. 2116 § 1, 1985; Ord. 1486 § 2, 1973; prior code § 1.207).

2.04.160 Mayor to preside.

The mayor shall be the presiding officer at all meetings of the city council. In the absence of the mayor, the mayor pro tempore or the city clerk shall call the council to order, whereupon a temporary presiding officer shall be elected by the councilmembers present to serve until the arrival of the mayor or mayor pro tempore or until adjournment. (Ord. 1486 § 2, 1973; prior code § 1.208).

2.04.170 Presiding officer powers and duties.

A. Participation. The presiding officer may move, second, debate, and vote from the chair. He shall not be deprived of any of the rights and privileges of a councilmember by reason of this action as presiding officer.

B. Questions to Be Stated. The presiding officer or such member of the city staff as he may designate may verbally restate each question immediately prior to calling for the vote. Following the vote, the presiding officer shall announce whether the question carried or was defeated. The presiding officer in his discretion may publicly explain the effect of a vote for the audience, or he may direct a member of the city staff to do so, before proceeding to the next item of business.

C. Maintaining Order and Decorum. The presiding officer shall be responsible for the maintenance of order and decorum at all meetings. He shall decide all questions of order subject, however, to an appeal to the council.

D. Signing of Documents. The presiding officer shall sign all ordinances, resolutions, contracts, and other documents necessitating his signature which were adopted in his presence, unless he is unavailable, in which case an alternate presiding officer may sign such documents.

E. Appointment of Committees. The mayor may, subject to the advance approval of the council, appoint such committees of councilmembers, city staff and private citizens, or a combination thereof, as he deems necessary and expedient to assist and advise the council in its works. (Ord. 1486 § 2, 1973; prior code § 1.209).

2.04.180 Call to order – Presiding officer.

The mayor, or in his absence the mayor pro tempore, 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 the mayor pro tempore and the failure of the mayor to appoint a temporary presiding officer, the city clerk or his assistant shall call the council to order, whereupon a temporary presiding officer shall be elected by the councilmembers present. Upon the arrival of the mayor or the mayor pro tempore, the temporary presiding officer shall relinquish the chair at the conclusion of the business then before the council. (Ord. 1486 § 2, 1973; prior code § 1.210).

2.04.190 Roll call.

Before proceeding with the business of the council, the city clerk shall call the roll of the councilmembers and the names of those present shall be entered in the minutes. (Ord. 1486 § 2, 1973; prior code § 1.211).

2.04.200 Reading of minutes.

Unless the reading of the minutes of a council meeting is requested by a majority of the city council, such minutes shall be approved without reading if the city clerk has previously furnished each councilmember with a copy thereof. (Ord. 1486 § 2, 1973; prior code § 1.212).

2.04.210 Right to address the council – Limitations.

Section 310 of the Charter guarantees the right of citizens to present grievances at any regular meeting of the city council; therefore, every person in attendance shall have the absolute right to address the council during consideration of items under the following headings of business, upon obtaining recognition by the presiding officer:

A. Public Hearings. Interested persons or their authorized representatives may address the council while a matter is open to public hearing in regard to remarks or questions relevant to the matter under consideration.

B. Communications. Any person in attendance may address the council by oral communications on any matter concerning municipal business over which the council has influence or control.

C. Limited Right to Address the Council. In order to facilitate the conduct of the business of the city and to insure that comments of citizens are received by the council at the appropriate time when matters are under consideration by the council, rather than having such items being raised outside of the context and timing of such consideration, in addition to the absolute right to address the council during consideration of the above item hearing of business, any interested person may request permission from the presiding officer to address the council relevant to the subject matter under consideration. Such request should, whenever practicable, be made prior to a motion being made on the subject. The granting or denial of such a request by the presiding officer may be appealed to the city council by a member of the council. The presiding officer shall not permit any communication, written or oral, to be made or read where it does not bear directly on an agenda item then under discussion. (Ord. 1486 § 2, 1973; prior code § 1.213).

2.04.220 Addressing the council – Consent required – Rules and time limits.

No person shall address or question a councilmember, the city attorney, the city manager, the director of public works, the director of planning, or other officials at the council table without the prior consent of the presiding officer. Anonymous communications shall not be considered nor placed on the agenda. The presiding officer shall not permit any communication, written or oral, to be made or read where it does not bear directly on an agenda item then under discussion. The rules and time limits set forth in CVMC 2.04.230 and 2.04.240 shall apply to persons addressing the city council. (Ord. 1486 § 2, 1973; prior code § 1.214).

2.04.230 Addressing the council – Individuals.

Each person addressing the council on oral communications shall step up to the microphone, give his or her name and address in an audible tone of voice for the record, and shall limit his or her address to three minutes. Persons addressing the council on items listed on the agenda shall limit their communication to five minutes, unless further time is granted by the presiding officer. All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than a councilmember and the person having the floor, shall be permitted to enter into any discussion without the permission of the presiding officer. (Ord. 2322 § 1, 1989; Ord. 1486 § 2, 1973; prior code § 1.214(1)).

2.04.240 Addressing the council – Spokesman for a group of persons.

When any group of persons wishes to address the council on the same subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group to address the council, and in case additional matters are to be presented at the time by any other member of such group, to limit the number of persons so addressing the council so as to avoid unnecessary repetition before the council. Further, groups of persons shall be limited to a total presentation period of 30 minutes. The presiding officer shall first call for representatives of groups in favor of the matter under consideration and then for those persons in opposition to the matter under consideration, and thereafter shall allow a rebuttal time limited to five minutes to the proponents, who shall confine rebuttal remarks to answering comments made in opposition and not the introduction of new testimony. Further time may be granted at the discretion of the presiding officer, and in the case of public hearings, the presiding officer may, dependent upon the necessity for insuring adequate presentation of testimony and evidence to provide a fair hearing and due process, set longer time limitations. The decision of the presiding officer in regard to the setting of time limitations may be appealed to the council. (Ord. 1486 § 2, 1973; prior code § 1.214(2)).

2.04.250 Addressing the council – After certain procedures – Permission required.

After a public hearing has been closed and after a motion is made by the council, no person shall address the council without first obtaining the permission of the council to do so. (Ord. 1486 § 2, 1973; prior code § 1.215).

2.04.260 Councilmembers – Getting the floor.

Every councilmember desiring to speak shall first address the chair, gain recognition by the presiding officer, and shall confine himself to the question under debate. (Ord. 1486 § 2, 1973; prior code § 1.216).

2.04.270 Councilmembers – Questions to staff.

Every councilmember desiring to question the city staff shall, after recognition by the presiding officer, address his questions to the city manager, the city clerk, or the city attorney. In the case of the city manager, he shall be entitled to answer the inquiry himself or to designate a member of his staff for that purpose. (Ord. 1486 § 2, 1973; prior code § 1.217).

2.04.280 Councilmembers – Interruptions prohibited – Exceptions.

A councilmember, once recognized, shall not be interrupted when speaking unless called to order by the presiding officer, unless a point of order or personal privilege is raised by another councilmember, or unless the speaker chooses to yield to a question by another councilmember. If a councilmember, while speaking, is called to order, he shall cease speaking until the question of order is determined, and if determined to be in order, he 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. 1486 § 2, 1973; prior code § 1.218).

2.04.290 Points of order – Determination.

The presiding officer shall determine all points of order subject to the right of any councilmember to appeal to the council. He may request an opinion of the city attorney in making such determination. If an appeal is taken, the question shall be, “Shall the decision of the presiding officer be sustained?” Council decision shall conclusively determine such question of order. (Ord. 1486 § 2, 1973; prior code § 1.219).

2.04.300 Point of personal privilege.

The right of a councilmember to address the council on a question of personal privilege shall be limited to cases in which his integrity, character or motives are questioned, or where the welfare of the council is concerned. A councilmember raising a point of personal privilege may interrupt another councilmember who has the floor, subject only to the power of the presiding officer to call him out of order. (Ord. 1486 § 2, 1973; prior code § 1.220).

2.04.310 Councilmembers – Right to enter statement or synopsis of debate in minutes.

Any councilmember shall have the right of having an abstract of his statement and/or a synopsis of the debate on any subject under consideration by the council entered in the minutes. Such right shall be exercised by specific direction to the city clerk at the council meeting. (Ord. 1486 § 2, 1973; prior code § 1.221).

2.04.320 Councilmembers – Decorum and order to be preserved.

While the council is in session, the councilmembers and city staff shall preserve order and decorum. A member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the council, nor disturb any member while speaking or refuse to obey the directives of the presiding officer. (Ord. 1486 § 2, 1973; prior code § 1.222).

2.04.330 Audience – Decorum and order.

Public members attending council meetings shall observe the same rules of order and decorum applicable to the council and staff. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the council or while attending the council meeting shall be removed from the room if the sergeant-at-arms is so directed by the presiding officer, and such person may be barred from further audience before the council. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the presiding officer, who shall direct the sergeant-at-arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer or a councilmember. (Ord. 1486 § 2, 1973; prior code § 1.223).

2.04.340 Decorum and order – Enforcement – Violation deemed misdemeanor.

A. The chief of police, or such member of the police department as he may designate, shall be sergeant-at-arms of the city council, and he shall attend meetings at the request of the presiding officer, city manager, or city council. He shall be available to respond to all meetings immediately upon call. He shall carry out all orders given by the presiding officer or council for the purpose of maintaining order and decorum at the council meetings. Any councilmember may move to require the presiding officer to enforce the rules, and the affirmative vote of a majority of the councilmembers present shall require him to do so.

B. Rules adopted to expedite the transaction of the business of the 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.

C. Any member of the council or other person using vulgar, profane, loud or boisterous language at any meeting or otherwise interrupting the proceedings of the council, or who refuses to carry out orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meeting, or who interrupts proceedings, shall upon conviction be deemed guilty of a misdemeanor.

D. Upon instructions of the presiding officer, it shall be the duty of the sergeant-at-arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest.

E. For the purpose of this chapter, a criminal complaint shall be signed by the presiding officer. (Ord. 1486 § 2, 1973; prior code § 1.224).

2.04.350 Hearings – Conduct generally.

Any witnesses offering evidence or testimony in public hearings as allowed in this chapter may be placed under oath and subject to cross-examination at the request of any member of the council or parties interested in the matter which is the subject of the hearing. When the hearing involves a determination by the council of any question of fact, the evidence or testimony must be relevant or material to the fact or facts at issue. The presiding officer shall determine all questions as to relevancy and materiality. Hearsay evidence shall be admissible in hearings, but the fact that evidence is hearsay may affect the weight to be given to the evidence by the council in reaching a determination of any question of fact. Failure on the part of the city council to strictly enforce rules of evidence and reject certain matters which may be irrelevant or immaterial shall not be sufficient to constitute reversible error on the part of the city council, if basic procedural due process is granted to all parties and a fair hearing has been conducted. Errors which do not affect substantial rights will be disregarded, and no presumption of prejudicial error is raised by the failure to strictly adhere to procedural requirements. (Ord. 1486 § 2, 1973; prior code § 1.225(1)).

2.04.360 Hearings – Evidence to be presented.

The following evidence may be presented at hearings:

A. Oral Evidence. All oral statements which are relevant to the subject matter of the hearing may be considered by the council. Oral evidence may be taken on oath or affirmation at the request of any interested party or his authorized representative.

B. Exhibits and Documents. Exhibits and documents used by the city staff and any persons participating in the hearing may be considered as evidence.

C. Communications and Petitions. All communications and petitions concerning the subject matter of the hearing shall be read aloud either in full or by synopsis thereof; provided, that a reading in full shall be had at the request of any councilmember. All such communications and petitions may be considered as evidence by the council.

D. Staff Reports. Whenever practicable a written staff report shall be prepared and read aloud as part of the staff presentation. Said report shall be considered as evidence.

E. Maps and Displays. Large size maps and displays presented for use at the hearing shall, whenever practicable, be displayed in full view of the participants and the audience. Said maps or displays, or authentic reductions thereof, may be considered as evidence.

F. Admissible Evidence. The hearing need not be conducted to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a decision unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded. (Ord. 1486 § 2, 1973; prior code § 1.225(2)).

2.04.370 Hearings – Evidence taken outside chambers considered when.

Any evidence taken outside the council chambers, such as field trips, views of the premises and discussions with individuals, shall not be considered by the council in reaching its decision, except under the following circumstances:

A. When, during the hearing, the meeting is adjourned to a date, place and time certain for the specific purpose of taking visual or demonstrative evidence, such evidence may be considered; or

B. With the consent, either oral or written, of all interested persons or their authorized representatives appearing at, or demonstrative evidence outside, the council chambers; provided, that the hearing shall be continued to a date and time certain, and upon reconvening in the chambers, each councilmember shall orally report his observations of such outside evidence taken, and he shall be subject to examination thereon by any interested person or his authorized representative. (Ord. 1486 § 2, 1973; prior code § 1.225(3)).

2.04.380 Hearings – Continuances.

Any hearing being held, or noticed or ordered to be held by the council, may, by minute action, be continued to any subsequent regular or adjourned meeting of the council; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance shall be posted outside the council chambers forthwith following the meeting at which the order of continuance was made. No hearing shall be continued for a period of more than 40 days; provided, however, that the council may continue hearings from time to time within said 40-day period; and provided further, hearings may be continued by consent of the moving party for a period beyond said time limit. (Ord. 1486 § 2, 1973; prior code § 1.225(4)).

2.04.390 Hearings – Decisions and determinations.

The council shall consider all evidence properly presented in accordance with the rules stated herein and, unless otherwise provided by law, shall render a decision or determination on the matter within 40 days of the close of the hearing; provided, that the moving party may consent to a continuance for a greater period of time for decision. Said decision or determination shall be by motion made and action taken thereon at a regular or adjourned meeting of the council. Any councilmember who was not present during the entire hearing or who, in the opinion of the city attorney, has substantial conflict of interest in the matter shall disqualify himself from discussing or voting on said matter; provided, however, a councilmember who was in attendance for a substantial portion of the hearing and who has reviewed the testimony by listening to the mechanical recording of the testimony and examining any evidence that has been presented may upon a representation of full understanding of the matter under consideration be allowed to vote. (Ord. 1486 § 2, 1973; prior code § 1.225(5)).

2.04.400 Hearings – Recordings to be made – Transcriptions.

A verbatim mechanical recording shall be made of the oral evidence presented at the hearing. Said recording, together with all documents, maps, exhibits and displays admitted into evidence, shall be retained by the city clerk for a period of one year from the date of the close of the hearing. In lieu of retaining said recording, the city clerk may prepare a typewritten transcript thereof which shall be retained for the same period of time. Said recording or transcript and evidentiary documents shall be made available for public inspection and use at reasonable times and under such reasonable conditions as may be prescribed by the city clerk; provided, however, that any party requesting transcriptions of hearings shall be required to pay sufficient fees to cover the cost of transcribing the hearings and to pay any other fees as prescribed by ordinance. (Ord. 1486 § 2, 1973; prior code § 1.225(6)).

2.04.410 Minutes – Records to be kept – Form and contents.

The minutes of the council shall be kept by the city clerk and shall be neatly typewritten in a book kept for that purpose, with a record of each particular type of business transacted set off in paragraphs with proper subheads; provided, that the city clerk shall be required to make a record only of such business as was actually passed upon by a vote of the council and shall not be required to make a verbatim transcript of the proceedings; and provided further, that a record shall be made of the names and addresses of persons addressing the council, the title of the subject matter to which their remarks related and whether they spoke in support of or in opposition to such matter. The city clerk shall have exclusive responsibility for preparation of the minutes, and any directions for changes in the minutes shall be made only by action of the city council. (Ord. 1486 § 2, 1973; prior code § 1.226(1)).

2.04.420 Minutes – Councilmembers’ remarks entered when.

A councilmember may request, through the presiding officer, the privilege of having an abstract of his statement on any subject under consideration by the council entered in the minutes. If the council consents thereto, such statement shall be entered in the minutes. (Ord. 1486 § 2, 1973; prior code § 1.226(2)).

2.04.430 Minutes – Synopsis of discussion entered when.

The clerk may be directed by the presiding officer, with the consent of the council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the council. (Ord. 1486 § 2, 1973; prior code § 1.226(3)).

2.04.440 Minutes – Delivery to councilmembers and other officers.

As soon as possible after each council meeting, the city clerk shall cause a copy of the minutes thereof to be forwarded to each councilmember, the city manager, other officers of the city and department heads. (Ord. 1486 § 2, 1973; prior code § 1.226(4)).

2.04.450 Motions – Presentation generally – Resolutions required when.

A motion is the formal statement of a proposal or question to the council for consideration and action. Every councilmember has the right to present a motion. A motion is generally not to be considered as a legislative action of the council but is in the nature of direction or instruction; however, a motion will generally suffice unless a resolution is specifically called for by law or unless there is some reason for desiring the particular action formalized by separate instrument. 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 or the grant or denial of variances, a resolution is required. A resolution should be required under any circumstances where the action, even though of a temporary nature, is desired to be formally recorded in the office of the city clerk and becomes a numbered document which can be used for each reference. Legislative actions as set forth in CVMC 2.04.480 should be by ordinance or resolution. If the motion contains two or more divisible propositions, the presiding officer may and upon request of a councilmember shall, unless appealed, divide the same. (Ord. 1486 § 2, 1973; prior code § 1.227).

2.04.460 Motions – Order of precedence.

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. Postpone temporarily or definitely (table);

4. Previous question;

5. Limit or extend debate;

6. Refer to committee or staff;

7. Substitute;

8. Amend;

9. Postpone;

10. Main motion.

B. The above order of preference is subject to the following restrictions:

1. A motion shall not be repeated without intervening business or discussion;

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. (Ord. 1486 § 2, 1973; prior code § 1.228).

2.04.470 Motions – Purpose and criteria described.

The purpose and salient criteria of the motions listed in CVMC 2.04.460 above are 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 adjourned.

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 or duration of recess.

C. Motion to Postpone Temporarily.

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. It is also referred to as a motion to lay on the table;

2. Debatable or amendable: It is debatable but not amendable.

D. Motion for Previous 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. Substitute Motion.

1. Purpose: To strike out one main motion and insert another main motion in its place, which may be done so long as it is related to the subject of the original motion;

2. Debatable or amendable: The substitute motion is left unacted on until councilmembers have the opportunity to perfect the main motion by amendments, if desired. The substitute motion is debatable and subject to amendment. After amendments have been offered, the substitute motion is voted upon and, if adopted, strikes the main motion.

H. Amend.

1. Purpose: To modify or change a motion that is being considered by the council so that it will express more satisfactorily the will of the members. If the motion 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.

I. Postpone Indefinitely.

1. Purpose: To prevent further discussion and voting on the main motion. 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 for the remainder of the meeting or the next regular meeting;

2. Debatable or amendable: It is debatable but not amendable.

J. Main Motion.

1. Purpose: The primary proposal or question before the council for discussion and decision;

2. Debatable or amendable: Yes. (Ord. 1486 § 2, 1973; prior code § 1.229).

2.04.480 Legislative action to be by ordinance or resolution when.

All legislative action undertaken by the city council shall 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. All matters of a special or temporary nature or authorizing an action on the part of the presiding officer, member of the council or members of the administrative staff shall be by resolution. (Ord. 1486 § 2, 1973; prior code § 1.230).

2.04.490 Ordinances – Preparation.

All ordinances, except ordinances initiated by the electors of the city pursuant to the provisions of Section 1003 of the Charter, shall be prepared in writing by the city attorney. No ordinance shall be prepared for presentation to the council unless ordered by a majority vote of the council or requested in writing by the city manager or prepared by the city attorney on his own initiative. (Ord. 1486 § 2, 1973; prior code § 1.231).

2.04.500 Ordinances and resolutions – Prior approval required when.

All ordinances, except ordinances initiated by the electors of the city pursuant to the provisions of Section 1003 of the Charter, and all resolutions and contract documents shall be approved as to form by the city attorney before presentation to the council, and where substantive matters of administration are involved, shall have been examined for administration purposes by the city manager or his authorized representative. All ordinances and resolutions shall indicate the sponsoring or presenting authority thereon. (Ord. 1486 § 2, 1973; prior code § 1.232).

2.04.510 Ordinances and resolutions – Introduction and sponsorship required when – Readings – Amendment.

A. Ordinances, resolutions and other matters or subjects requiring action by the council must be introduced and sponsored by a member of the council, except that the city manager or the city attorney may present the ordinances, resolutions or other matters or subjects to the council for consideration.

B. With the sole exception of ordinances which take effect upon adoption referred to in this chapter, no ordinance shall be passed by the council on the day of its introduction or within five days thereafter or at any other time than at a regular or special meeting.

C. In accordance with Section 311 of the Charter of the city, at the time of the adoption of an ordinance or resolution, the text of said ordinance or resolution shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by the unanimous consent of the councilmembers present; provided, however, that if in conjunction with the motion introducing ordinances and offering resolutions at the time of adoption, the moving councilmember includes a motion to waive the text or the reading of the text and to read the heading or title only. Said motion to waive shall be deemed to have received unanimous consent of the councilmembers present, and the city clerk shall so record in the minutes of the council meeting that unanimous consent to the waiver of the reading of the text of an ordinance or resolution was duly obtained. No second shall be required to a motion introducing an ordinance or offering a resolution.

D. A proposed ordinance may be amended between the time of its introduction and the time of its final passage, providing its general scope and original intention are retained. The correction of typographical or clerical errors shall not constitute an amendment within the meaning of this section. (Ord. 1486 § 2, 1973; prior code § 1.233).

2.04.520 Ordinances – Title.

Each ordinance shall be preceded by a brief title which shall indicate the subject purport thereof. (Ord. 1486 § 2, 1973; prior code § 1.234).

2.04.530 Ordinances – Ordaining clause.

The ordaining clause of all ordinances adopted by the council shall be substantially as follows: “The Council of the City of Chula Vista does ordain as follows:”; and the ordaining clause of all ordinances adopted by the people shall be: “The People of the City of Chula Vista do ordain as follows:”. (Ord. 1486 § 2, 1973; prior code § 1.235).

2.04.540 Ordinances – Effective date of adoption.

No ordinance adopted by the council shall become effective until 30 days from and after the date of its adoption, except the following which shall take effect upon adoption:

A. An ordinance calling or otherwise relating to an election;

B. An improvement-proceeding ordinance adopted under some law or procedural ordinance;

C. An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation, or levying the annual tax upon property, or adopting a budget;

D. An emergency ordinance adopted in the manner provided for in Section 311 of the Charter;

E. An ordinance annexing areas to the city;

F. An ordinance providing for a tax levy or appropriation for the usual current expenses of the city. (Ord. 1486 § 2, 1973; prior code § 1.236).

2.04.550 Voting – Procedure generally.

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 an amber light designates a vote to “abstain.” When a member of the council votes to “abstain,” he must audibly state his reason for abstaining, and in the event he fails to make any such statement, his silence shall be recorded as an affirmative vote, although he may have designated his vote by the use of the amber light.

B. Every member should vote unless disqualified for cause accepted by vote of the council or by the opinion of the city attorney. Self-disqualification without approval which results in a tie vote shall be avoided as thwarting council action, but no councilmember shall be forced to vote. A councilmember who abstains shall in effect consent that a majority of the quorum may act for him. Tie votes shall be lost motions and may be reconsidered.

C. A councilmember who has a direct personal financial interest in any matter coming before the city council shall disclose said interest and shall disqualify himself from discussing or voting on said matter. Where it is not clear whether such interest is of a disqualifying nature, the councilmember shall state the facts of the matter to the City Attorney and request an opinion thereon prior to the meeting.

D. The Council may at any time, or from time to time, dispense with the 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.

E. When the Council is voting by voice vote, unless a member states that he is abstaining from voting and gives his reasons therefor, his silence shall be recorded as an affirmative vote. A negative vote shall be registered by the oral statement of “no” by the Councilmember voting. Upon roll call on any voice vote taken, silence by any Councilmember when his name is called constitutes a “yes or affirmative” vote.

F. All ordinances, resolutions and other matters submitted to the Council shall be passed or defeated by a majority vote of the Council, unless a greater number of votes may be required by law. The word “majority” shall mean three affirmative votes for purposes of approval, or three negative votes for purposes of denial. In instances where a majority vote cannot be obtained and no additional action is taken, such matter shall automatically be added to the next agenda of the Council. (Ord. 1486 § 2, 1973; prior code § 1.237).

2.04.560 Voting – Changes permitted when.

A member may change his vote only if he makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. (Ord. 1486 § 2, 1973; prior code § 1.238).

2.04.570 Reconsideration or rescission of prior action – Procedure generally.

After motion and vote by the Council, such action may be reconsidered or rescinded only in the following manner:

A. A motion to set aside a vote (to reconsider) on a main motion shall always be in order at the same meeting. The motion to reconsider is amendable and debatable. Such motion can be made by any Councilmember regardless of how he previously voted on the matter. If the motion to reconsider passes, the effect thereof is to overrule and cancel the prior action.

B. A motion to rescind (repeal, cancel, nullify) prior Council action on a main motion shall be in order at any meeting of the Council. The effect of rescinding prior Council action shall operate prospectively only and not retroactively to the date of the original action. That is, it shall not operate to adversely affect intervening legal rights which create an estoppel situation.

C. A lost motion is one that fails to receive the necessary number of votes to carry. Tie votes result in a lost motion. Lost motions may be renewed at any subsequent Council meeting. To revive a lost motion at the same meeting, the proper action is a motion to reconsider discussed in this section.

D. Any member shall have the right to have his reasons for his dissent from, or protest against, any action of the Council entered in the minutes. (Ord. 1486 § 2, 1973; prior code § 1.239).

2.04.580 Councilmembers – Compensation.

Repealed by Ord. 2444 § 4, 1991. (Ord. 2240 § 1, 1987; Ord. 2183 § 1, 1986; Ord. 2133 § 1, 1985; Ord. 2093 § 1, 1984; Ord. 2060 § 1, 1984; Ord. 2014 § 1, 1982; Ord. 1963 § 1, 1981; Ord. 1929 § 1, 1980; Ord. 1886 § 1, 1979; Ord. 1871 § 1, 1979; Ord. 1794 § 1, 1978; Ord. 1730 § 1, 1977; Ord. 1660 § 1, 1976; Ord. 1515 § 1, 1974; prior code § 1.240).

2.04.590 Mayor – Compensation.

Repealed by Ord. 2444 § 4, 1991. (Ord. 2240 § 1, 1987; Ord. 2183 § 1, 1986; Ord. 2133 § 1, 1985; Ord. 2093 § 1, 1984; Ord. 2060 § 1, 1984; Ord. 1963 § 1, 1981; Ord. 1929 § 1, 1980; Ord. 1886 § 1, 1979).