Chapter 2.04
COUNCIL1
Sections:
2.04.020 Meetings of the council.
2.04.040 Reading of resolutions and ordinances.
2.04.050 Agenda and consideration of unlisted matters.
2.04.060 Use of tape recordings of city proceedings.
2.04.070 Procedures and penalties for councilmember disclosing closed session matters.
2.04.080 Disclosure of confidential communication prohibited.
2.04.090 Ex parte communications.
2.04.100 Policy creation, amendment, or deletion.
2.04.010 Rules of order.
Robert’s Rules of Order shall be the authority governing the council on all controversial points not especially provided for by law, or by this code. [Ord. 210 N.S. § 1-701, 1952].
2.04.020 Meetings of the council.
Regular meetings of the council shall be held on the first and third Wednesdays of every month at the hour of 6:00 p.m., in the council chambers, City Hall, or at such other location within the city as designated by the council.
A special meeting may be called at any time by the mayor or by a majority of the councilmembers, by delivering personally or by mail written notice to each councilmember and to each local newspaper, radio or television station requesting notice in writing. Such notice shall be received at least 24 hours before the time of such meeting. The call and notice shall specify the time and place of the meeting and the business to be transacted. No other business shall be considered at such meeting. Such written notice may be dispensed with as to any councilmember who at or before the meeting files with the city clerk a written waiver of notice. Said waiver may be given by telegram or by facsimile transmission. Such notice may also be dispensed with as to any member who is present at the meeting at the time it convenes. Notice required hereunder is required regardless of whether any action is taken at the special meeting. The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. [Ord. 1953 N.S. § 1, 1994; Ord. 1832 N.S. § 1, 1992; Ord. 1812 N.S. § 1, 1991; Ord. 1806 N.S. § 1, 1991; Ord. 1774 N.S. § 1, 1991; Ord. 1491 N.S., 1985; Ord. 832 N.S., 1975; Ord. 210 N.S. § 1-702, 1952].
2.04.040 Reading of resolutions and ordinances.
The verbatim reading of a resolution or ordinance, either at its introduction or after its publication, shall be presumed to have been waived by the unanimous vote of all councilmembers entitled to vote thereon, in all cases in which the complete text of the resolution or ordinance has been supplied to each such councilmember in advance of its introduction. Otherwise, and upon request of any councilmember entitled to vote thereon, the resolution or ordinance shall be read. Where the text has been supplied in advance, and reading has been requested by a councilmember, such may be accomplished by a reading of the main features and a summarization of the details, unless such councilmember making the request requires a verbatim reading. The city clerk shall, by date and signature, authenticate and identify a true counterpart of the resolution or ordinance on which the verbatim reading has been waived. [Ord. 846 N.S. § 1, 1975; Ord. 483 N.S., 1964].
2.04.050 Agenda and consideration of unlisted matters.
(a) Order of Agenda. The city manager shall prepare, circulate and post in conformity with the provisions of the Ralph M. Brown Act and council policy, not less than 72 hours before any regular and special council meetings, an agenda, which shall list and describe the items to be considered at the meeting.
(b) Emergency Meetings. Agendas for emergency situations as defined by Section 54956.5 of the California Government Code shall comply with noticing prescribed in Section 54956.5.
(c) Request. Any councilmember may place items on the agenda by requesting the city manager to do so by 12:00 noon on Wednesday of the week preceding a regular council meeting, and three days in advance of any special meeting, except that special meetings called during any meeting of the council shall have those items on the agenda for which request has been made in open council meeting without further request. The city manager may also place items on the agenda which he or she deems of interest to the council.
(d) Public Comment.
(1) The city council may adopt a policy or policies to ensure that the public will be provided an opportunity to address the city council, and other legislative bodies of the city, on matters on the agenda and on matters not on the agenda that are within the subject matter jurisdiction of the legislative body.
(2) The city council, and other legislative bodies of the city, shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the city council and other legislative bodies of the city.
(e) Minutes shall be prepared following all council meetings and shall provide a record of when and where a meeting took place, who was present, type of meeting, what was considered, and any action taken and the vote or abstention on that action of each member present for the action pursuant to California Government Code Section 54953(c)(2).
(f) Reportable actions taken by council in closed session shall be reported when council next convenes in open session in compliance with the Ralph M. Brown Act. [Ord. 23-001 § 2, 2023; Ord. 21-025 § 2, 2021; Ord. 01-08 § 1, 2001; Ord. 1953 N.S. § 2, 1994; Ord. 1832 N.S. § 2, 1992; Ord. 1812 N.S. § 2, 1991; Ord. 1806 N.S. § 2, 1991; Ord. 1774 N.S. § 2, 1991; Ord. 1556 N.S. § 1, 1986; Ord. 1493 N.S., 1985; Ord. 1338 N.S. § 1, 1983; Ord. 1101 N.S. § 1, 1979; Ord. 1047 N.S. § 1, 1978; Ord. 920 N.S. § 1, 1977; Ord. 847 N.S. § 1, 1975; Ord. 541 N.S., 1966].
2.04.060 Use of tape recordings of city proceedings.
Any person who desires to audit or copy a tape recording of city proceedings shall comply with the following regulations and pay in advance the following fees:
(a) Such person shall arrange in advance with the director of administrative services, or authorized deputy, the time, manner and city employee who shall supervise the auditing or copying. In order to safeguard the integrity of the tape and city equipment, a city employee shall supervise such process. The city shall accommodate such process to the fullest extent it is able, consistent with the general demands otherwise on city services and personnel.
(b) Any copying, retaping, or duplicating shall be allowed only if proper equipment by qualified persons, in the judgment of the city’s employee, is used. If city materials are to be employed, the actual cost thereof, as established by the city, shall also be paid to the city in advance.
(c) Where a transcription of all or a portion of any proceeding is required, the city’s determination of the cost of transcription shall be paid in advance, unless the person requiring the record provides, with city approval, the person who shall do the transcribing, unless otherwise ordered by a court. The city shall charge the actual cost of making any transcription.
(d) The director of administrative services, or authorized deputy, shall compute in advance, in addition to the above charges, the estimated personnel cost to the city of supervisory personnel and shall collect the same in advance. When the actual supervisory service reaches the estimated time, and further service is required, additional estimated payment or payments shall be paid in advance.
(e) Nothing contained in this section shall require payment on account of audits or transcripts requested by city officers or employees or for the city’s benefit. [Ord. 1300 N.S. § 1, 1982].
2.04.070 Procedures and penalties for councilmember disclosing closed session matters.
In the event an allegation is made that a councilmember has disclosed or revealed a confidential communication or information discussed during a duly held closed session of the council, the procedure for dealing with such allegation, and penalties which may be imposed if such allegation is found to be true, are as follows:
(a) The allegation shall be brought before the council by a councilmember as a discussion item on a regular agenda.
(b) If, after presentation and discussion of the item, the council determines by a vote of at least four of its members that there is reasonable cause to believe the allegation to be true, the council shall direct delivery to the alleged offending councilmember, by personal service, of the allegation in sufficient written detail to fairly apprise him/her of the allegation. Such written notice shall include notification of time and place of a council hearing on the allegation, in no event sooner than 20 days following delivery of the notice.
(c) The council hearing shall proceed in the following manner:
(1) The council shall present oral and/or documentary evidence in support of the allegation; the alleged offending councilmember may cross-examine any witness presented by the council.
(2) The alleged offending councilmember may present oral evidence, documentary evidence, and/or argument on his/her behalf. The council may cross-examine any witness presented by the alleged offending councilmember.
(3) The council and the alleged offending councilmember may be represented at the hearing by an attorney or other chosen representative; provided, that at least four members of the council, not including the alleged offending councilmember, shall be present at all times during the hearing.
(4) Formal rules of evidence shall not apply. Any evidence reasonably offered to prove or disprove the allegation or offered in mitigation of or explanation of the alleged acts shall be heard and considered.
(5) At the conclusion of the hearing, the council shall discuss the matter and make its decision. The alleged offending councilmember may not participate in either such discussion or decision. A decision shall be by vote of at least four of its members. The decision shall include a brief statement of proceedings had, findings of fact, conclusion reached on the truth or falsity of the allegations, and action, if any, to be taken.
(d) If the council concludes that the allegation is false, it shall take no further action. If the council concludes that the allegation is true, the council may:
(1) Publicly admonish the offending councilmember; or
(2) Direct prosecution under PGMC 2.04.080; or
(3) Take no action.
(e) Nothing herein shall be construed to prevent the council from directing prosecution under PGMC 2.04.080 without first following the procedures herein set out. [Ord. 1369 N.S. § 1, 1983].
2.04.080 Disclosure of confidential communication prohibited.
(a) It is unlawful for any person who is present at a duly held closed session of the city council to reveal or disclose any confidential communication or information discussed during such closed session; provided, however, that disclosure made with authorization of the city council and to further the interests of the city council relative to matters which were subject of a closed session, shall be proper and lawful.
(b) Violation of this section is an infraction, and may be enforced pursuant to Chapter 1.16 PGMC. [Ord. 08-006 § 8, 2008; Ord. 1369 N.S. § 2, 1983].
2.04.090 Ex parte communications.
(a) General Purpose. Constituents and members of the public have reasonable expectations allowing them to engage elected officials on matters of community concern that are often controversial such as land use matters. At the same time, interested persons also have a right to know factors a councilmember may consider related to making adjudicatory decisions. The purpose of this section is to clarify the nature and extent of rules, procedures and limits that apply to communications that occur on matters pending before, or are likely to come before, the city council.
(b) Definitions. As used in this section, the following terms shall be given the definitions set forth below:
(1) Adjudicatory Decisions. Adjudicatory decisions relate to evaluations or judgments where the city council – acting in a judicial capacity – is charged with applying legal standards to a factual situation. These often arise in discretionary land use entitlement matters, personnel actions, appeals or other matters affecting vested rights or interests of named individuals or specific properties. Elements of due process are often mandated by law. Adjudicatory issues are at times characterized as quasi-judicial matters. Communications pertaining to adjudicatory decisions are subject to disclosure requirements by this section.
(2) Ex Parte. “Ex parte” is a Latin term that refers to unilateral contact made by one person or “party” without notice or knowledge of other persons or parties who may have an interest in the same matter. Ex parte contacts are substantive oral or written communications that occur outside of noticed meetings or hearings. Ex parte communications also include written materials that are not distributed to all councilmembers or that are not otherwise included in the administrative record of the proceeding.
(3) General Communications. General communications include materials that clearly indicate they have also been forwarded to the city manager or city clerk for inclusion in the public record; general communications are not ex parte communications and do not require disclosure by this section. Communications exclusively between councilmembers or between councilmembers and city staff, counsel or city-retained consultants are deemed to not require disclosure by this section. Information gained by councilmembers via their attendance at noticed public meetings before subordinate board and commissions does not require disclosure by this section.
(4) Legislative Decisions. Legislative decisions relate to the city council’s law-making, rulemaking and policy functions. These matters include enactment or promulgation of ordinances, zoning, general plan amendments, policies and procedures. These are at times characterized as quasi-legislative matters. Communications pertaining to legislative decisions do not require disclosure by this section.
(5) Pending Adjudicatory Decisions. The term “pending” shall mean any adjudicatory or quasi-judicial matter that has been submitted to the city by way of application, variance, appeal or other process that will require decision by the city council, but for which a final decision has not yet been made. Matters are pending at the time an application has been filed.
(c) Contacts Related to Legislative Matters. Members of the city council may discuss pending or proposed decisions freely with constituents or the public. No disclosure or record of those contacts or communications is necessary.
(d) Contacts Related to Adjudicatory Matters. Adjudicative decisions must be fair and enable interested parties to have meaningful opportunities to prepare and be heard. Undisclosed ex parte contacts by councilmembers allow a perception that information may not be available to others, including interested parties. Appearances may suggest fairness is lacking, or a bias may exist.
This section allows councilmembers to meet with constituents or members of the public to discuss pending adjudicative decisions but requires all councilmembers make complete disclosures for each ex parte contact or communication. A contact or communication, and related disclosures, shall not be deemed grounds for disqualification unless the councilmember determines the nature of the contact is such that it is not possible for that councilmember to reach an impartial decision on the item.
The city manager shall endeavor to identify tentative or regular agenda items that involve adjudicatory decisions, but failure to identify an item as such shall not affect the validity of actions taken by the city.
(e) Contacts Related to Mixed Matters That Include Both Adjudicatory and Legislative Decisions. At times a matter can involve a mixture of both adjudicatory and legislative decisions. For those matters, disclosures are required for each ex parte contact or communication.
(f) Ex Parte Disclosure Requirements. Councilmembers shall adhere to the following protocols for ex parte contacts or communications requiring disclosure by this section:
(1) Where information of a specific nature is received by a councilmember through contacts outside the record and the information is not already on the record, the member shall disclose the contact and its substance on the record prior to the commencement of the hearing to which such contact relates.
(2) No councilmember shall make, participate in making, or in any way attempt to use their official position to influence a city decision about which the member has knowingly had an ex parte contact or communication that has not been disclosed in accord with this section.
(3) Ex Parte Contacts After a Hearing. Ex parte contacts or communications after a public hearing is closed and before a final decision is rendered are prohibited.
(g) Ex Parte Disclosure Process. Identification of ex parte contacts or communications is intended to inform all members of council, parties and public of information pertaining to the city decision. Disclosures may be made orally or by written submission and shall ordinarily occur following staff presentation on the matter. Disclosures must include:
(1) Identify the nature of the contact;
(2) Identify the person(s) making the contact;
(3) Briefly summarize substantive information conveyed; and
(4) Provide copies of significant written materials.
Ex parte disclosures shall be made a part of the administrative record.
(h) No Individual Right of Action. Nothing in this section shall be construed to create a remedy or right of action by a party or member of the public.
(i) Procedural Protections. Nothing in this section shall be construed to limit any procedural protection a party or member of the public may be entitled to by law, based upon the facts and law that pertain to any specific proceeding. [Ord. 21-010 § 2, 2021].
2.04.100 Policy creation, amendment, or deletion.
Council policies shall be created, amended, or deleted only by council resolution. [Ord. 23-009 § 2, 2023].
Elections – See Article 8 of the charter. Meetings – See California Government Code § 54950 et seq.