Chapter 2.04
CITY COUNCIL

Sections:

2.04.010    Meetings – Location.

2.04.020    Meetings – Time – Adjourned meetings.

2.04.030    Meetings – Agenda.

2.04.040    Meetings – Duties of presiding officer.

2.04.050    Meetings – Rights of presiding officer.

2.04.060    Meetings – Open to the public.

2.04.070    Meetings – Order of business.

2.04.080    Meetings – Rules.

2.04.090    Passage of ordinances.

2.04.100    Manner of addressing the council.

2.04.110    Order.

2.04.120    Addressing the council after a motion is made.

2.04.130    Enforcement of order.

2.04.140    Quorum.

2.04.150    Council vacancies – Procedure for filling – Term of appointments.

2.04.160    Approval of minutes.

2.04.170    Compensation of mayor and council.

2.04.010 Meetings – Location.

All official meetings of the council shall be held in the main room of the City Hall, which room is designated as the council chamber of the city, or at such other place as a majority of the city council may designate in its order of adjournment of any regular meeting or its call and notice of a special meeting. (Ord. 1496 § 1, 1996: prior code § 2-3.01)

2.04.020 Meetings – Time – Adjourned meetings.

A. Regular meetings of the council shall be held in the council chambers on the second and fourth Tuesdays of each month at such time as established by resolution of the city council. The council may adjourn any such regular meeting to a certain date which shall be specified in the order of adjournment, and, when so adjourned, such adjourned meeting shall be a regular meeting for all purposes.

B. Such adjourned meeting may likewise be adjourned, and, when so adjourned, shall be a regular meeting for all purposes. In the event any order of adjournment of a regular meeting fails to state the hour at which such adjourned meeting shall be held, such adjourned meeting may be validly held on the date specified in the order of adjournment if held at seven thirty p.m. Special and adjourned regular meetings of the council may be held on Saturdays, and Saturdays, or any part thereof, are deemed not to be holidays for the purposes of holding adjourned regular or special meetings of the council.

C. Members of the council in actual attendance shall be recorded present regardless of their answer or failure to answer the roll call.

D. In the absence of all the members of the council from any regular meeting or adjourned regular meeting, the city clerk may declare such meeting postponed and adjourned to a stated day and hour and shall thereupon deliver, or cause to be delivered, personally to each member of the council a written notice of such adjournment at least three hours before the time to which such regular or adjourned regular meeting has been adjourned. (Ord. 1576 § 1, 1999: prior code § 2-3.02)

2.04.030 Meetings – Agenda.

Prior to each council meeting every city official, board, commission, or other municipal body having any report, communication, or other matter for submission to the council shall notify the city clerk of that fact in advance of the meeting, whereupon the city clerk shall arrange for such items to be placed upon the agenda. (Ord. 1576 § 2, 1999: prior code § 2-3.03)

2.04.040 Meetings – Duties of presiding officer.

The presiding officer shall preserve order at all regular and special meetings of the council. He shall state every question coming before the council, announce the decision of the council on all subjects and decide all questions of order, subject, however, to an appeal to the council, in which event a majority vote of the council shall govern and conclusively determine such question of order. (Prior code § 2-3.04)

2.04.050 Meetings – Rights of presiding officer.

The mayor, mayor pro tempore, or such other member of the council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are imposed by this chapter on all members and shall not be deprived of any of the rights and privileges of a councilman by reason of his acting as the presiding officer. (Prior code § 2-3.05)

2.04.060 Meetings – Open to the public.

All meetings of the council shall be open to the public. (Ord. 1576 § 3, 1999: prior code § 2-3.06)

2.04.070 Meetings – Order of business.

A. Subject to review by the city attorney as to the legal requirements, the order of business for all council meetings shall be determined by adopted resolutions of the council.

B. The presiding officer of the council may alter the adopted order of business of any meeting of the council for good cause and where no other member of the city’s legislative body or the public will be unduly prejudiced by such alteration. (Prior code § 2-3.07)

2.04.080 Meetings – Rules.

The following rules shall govern the meetings of the council and its transaction of business:

A. Oral Communications. Any person may address the council on any matter concerning the city’s business or on any matter over which the city has control; provided, however, preference shall be given to those who may have notified the presiding officer in advance of their desire to speak. There shall be a three minute limit on all speakers. This time limit shall not apply to public hearing items where the property interests of the speaker are affected. Except as provided in this section, no person shall be permitted to address the council unless authorized by a four-fifths vote of all its members.

B. Acquiring the Floor. Every member of the council desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language.

C. Interruptions. A member once recognized shall not be interrupted when speaking unless it shall be to call him to order. He shall cease speaking until the question of order shall be determined, and, if in order, he shall be permitted to proceed.

D. Privilege of Closing Debate. The councilman moving the adoption of an ordinance, motion, or resolution or a majority of the council shall have the privilege of closing the debate.

E. Motions. No motion shall be put until it is seconded. When seconded it shall be stated by the mayor or presiding officer before debate. Upon request of the chair or any councilman, every motion shall be reduced to writing. After a motion is stated by the chair, it shall be deemed in the possession of the council, but it may be withdrawn at any time before decision or amendment by the councilman originating such motion or the second thereto. No motion shall be withdrawn by the original maker without the consent of the second.

F. Motions Under Debate. When a motion is under debate, the only motions in order shall be:

1. To adjourn;

2. To table until later in the meeting;

3. To postpone to a certain day;

4. To postpone indefinitely;

5. To adjourn to a certain day;

6. To refer; or

7. To amend.

All such motions shall have precedence in the order herein arranged, the first four to be decided without debate.

G. Amendments. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different subject entirely shall not be in order. A motion to amend an amendment shall be in order but to amend an amendment to an amendment shall not be entertained.

H. Motion to Reconsider. A motion to reconsider any action taken by the council may be made only on the day such action was taken. It may be made either immediately during the same session or at a recessed or adjourned session thereof. Such motion shall be made by one of the prevailing side but may be seconded by any member and may be made at any time and have precedence over all other motions or while a member has the floor. It shall be debatable. The provisions of this section shall not be construed to prevent any member of the council from making or remaking the same or any other motion at a subsequent meeting of the council.

I. Remarks of Councilmember. 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.

J. Synopsis of Debates. The city 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.

K. Adjournment. A motion to adjourn the council shall always be in order except:

1. When a member is in possession of the floor;

2. While the ayes and nays are being called;

3. When the members are voting; or

4. When adjournment was the last preceding motion.

L. Amendment Motion to Adjourn. A motion simply to adjourn cannot be amended, but a motion to adjourn to a given time may be and shall be open to debate.

M. Suspension of Rules. The rules may be suspended by the unanimous vote of the councilmen present and may be amended by a majority vote of the members elect in the same manner as ordinances are amended.

N. Robert’s Rules. Upon questions arising not covered by this section, Robert’s Rules of Order shall govern unless a majority of the council shall deem otherwise. The majority of the council may at any time adopt additional rules for a certain meeting, or a certain purpose only, providing no conflict is raised with the rules created in this chapter. (Ord. 1576 § 4, 1999; prior code § 2-3.08)

2.04.090 Passage of ordinances.

Ordinances may be introduced by reading the title only. Except in urgency cases, copies of all ordinances shall be sent in advance of their introduction to each member of the council and to the city manager. When submitted for final passage, all ordinances shall be read in full unless the reading thereof is dispensed with by unanimous consent of the council members present. (Ord. 1576 § 5, 1999: prior code § 2-3.09)

2.04.100 Manner of addressing the council.

Each person addressing the council shall stand and give his/her name in an audible tone of voice and provide his/her address either audibly and/or in writing for the records. All remarks shall be addressed to the council as a body and not to any members thereof. No person, other than the council, shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the presiding officer. (Ord. 1576 § 6, 1999: prior code § 2-3.10)

2.04.110 Order.

Order shall be maintained while the council is in session. No person shall disrupt, disturb or otherwise impede the meeting whether by words or action. Any person who so disrupts, disturbs, or impedes a meeting may be ejected and shall not be allowed to return without permission granted by a majority of the city council. (Ord. 1744 § 4 (part), 2013: prior code § 2-3.11)

2.04.120 Addressing the council after a motion is made.

After a motion is made by the council, no person shall address the council without first securing the permission of the entire council so to do. (Prior code § 2-3.12)

2.04.130 Enforcement of order.

The chief of police, or such members of the police department as he may designate, shall be sergeant at arms of the council meetings. He shall carry out all orders and instructions given him by the presiding officer for the purpose of maintaining order in the council chamber. Upon instructions of the presiding officer, it shall be the duty of any police officer present to remove any person who disrupts, disturbs, or impedes a council meeting and place such person under arrest. (Ord. 1744 § 4 (part), 2013: prior code § 2-3.13)

2.04.140 Quorum.

In the event a quorum should not be present at any meeting of the council and there is important business to be transacted or disposed of without delay, any two members of the council may cause a written notice of those facts to be served personally upon the absent members, together with a request for their immediate attendance. Thereupon it shall be the duty of such absent members to attend the meeting at once, unless prevented by sickness or death in the immediate family. (Prior code § 2-3.14)

2.04.150 Council vacancies – Procedure for filling – Term of appointments.

Pursuant to the provisions of Section 36512 of the California Government Code, a person appointed to fill a vacancy on the council shall hold office for the unexpired term of the former incumbent. (Ord. 1719 § 1, 2010: prior code § 2-3.14.2)

2.04.160 Approval of minutes.

As soon as possible after each council meeting the city clerk shall send copies of the minutes of such meeting to each member of the council at his residence. Thereafter the reading of such minutes at any following meeting may be dispensed with, and they may be approved without any further proceeding. Their approval shall be authenticated by the signature of the presiding officer, attested by the city clerk. (Ord. 1576 § 7, 1999: prior code § 2-3.15)

2.04.170 Compensation of mayor and council.

Pursuant to Section 36516 of the Government Code of the state, each member of the council, including the mayor, shall receive as compensation a salary of six hundred and fifty dollars ($650.00) per month.

Pursuant to Section 36516.1 of said Government Code, the mayor shall receive as compensation an additional three hundred dollars ($300.00) per month.

Any amounts paid to the mayor or members of the council for reimbursements pursuant to Section 36514.5 of said Government Code or for retirement and health and welfare benefits shall not be included in determining salary pursuant to this section. (Ord. 1620 § 1, 2002; prior code § 2-3.16)