Chapter 1
COUNCIL

Sections:

Article 1. Council Procedure

2-1.101    Regular meetings.

2-1.102    Special meetings.

2-1.103    Adjourned meetings.

2-1.104    Prohibited action.

2-1.105    Agenda.

2-1.106    Presiding officer.

2-1.107    Call to order.

2-1.108    Roll call.

2-1.109    Quorum.

2-1.110    Order of business.

2-1.111    Reading of the minutes.

2-1.112    Rules of conduct.

2-1.113    Procedural rules of order.

2-1.114    Public hearings.

2-1.115    Addressing the Council.

2-1.116    Addressing the Council after a motion is made.

2-1.117    Manner of addressing the Council.

2-1.118    Voting.

2-1.119    Decorum.

2-1.120    Disorderly conduct.

2-1.121    Special committees.

2-1.122    Filing of reports, ordinances, and resolutions.

Article 2. Legislation

2-1.201    Method of action.

2-1.202    Preparation of ordinances.

2-1.203    Prior approval by the staff.

2-1.204    Introduction and adoption.

2-1.205    Title.

2-1.206    Ordaining clause.

2-1.207    Roll call vote.

2-1.208    Majority vote required.

2-1.209    Amendments.

2-1.210    Repeals.

2-1.211    Effective date.

2-1.212    Record of ordinances.

2-1.213    Codification of ordinances.

Article 3. Qualifications

2-1.301    Qualifications for nomination for election or for appointment to the Council.

2-1.302    Qualifications to hold office on the Council.

Article 1. Council Procedure*

*    Article 1 entitled “Organization and Procedure”, consisting of Sections 2-1.101 through 2-1.126, codified from Ordinance No. 15 C-M, as amended by Ordinance Nos. 98 C-M, effective May 1, 1965, and 354 C-M, effective April 24, 1975, repealed by Ordinance No. 728-87 C-M, effective March 12, 1987.

2-1.101 Regular meetings.

(a)    Time. Regular meetings of the Council shall be held on such Tuesdays of each month at the hour of 6:30 p.m. and closed sessions, if any, shall start at 5:30 p.m., all as determined by the City Manager, with the consent of the Mayor. If the business of the Council so warrants, the City Manager, with the consent of the Mayor, may call for the Council meeting to be held at the hour of 4:00 p.m. or 4:30 p.m., or at such other time as may be deemed appropriate. The Council may cancel a regular meeting or defer it until a specified date and time by majority vote; provided, however, the Council shall meet at least once per month on a regular meeting date.

(b)    Place. All meetings of the Council shall be held in the Council Chamber in the Civic Plaza located at 275 Main Street, 4th Floor, Watsonville, California. The Council may meet at any place in the City open to the public for either an emergency or cause.

(c)    Notice. At least seventy-two (72) hours before a regular meeting, the City Clerk shall cause to be posted a Council agenda containing a brief general description of each item of business to be transacted or discussed at the meeting. The agenda shall specify the time and location of the regular meeting and shall be posted in a location or locations which are freely accessible to members of the public. No action shall be taken on any item not appearing on the posted agenda except as provided in Section 2‑1.104 of this article.

(d)    Public. All meetings of the Council shall be open to the public, except for closed sessions as provided in the Ralph M. Brown Act (Sections 54950 et seq. of the Government Code of the State).

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987, as amended by § 1, Ord. 980-25 C-M, eff. August 24, 1995, § 1, Ord. 1287-12 (CM), eff. June 21, 2012, § 1, Ord. 1290-12 (CM), eff. August 9, 2012)

2-1.102 Special meetings.

A special meeting may be called at any time pursuant to Section 408 of the Charter of the City of Watsonville and Section 54956 of the California Government Code.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987, as amended by § 1, Ord. 1287-12 (CM), eff. June 21, 2012)

2-1.103 Adjourned meetings.

Regular meetings of the Council may be adjourned to a date and time certain to continue consideration of business remaining before the Council. Regular meetings may be adjourned to closed sessions to consider matters which may legally be considered in closed session. At the conclusion of a closed session, the Council shall reconvene in public session and cause the City Clerk to record on the minutes of the meeting the official actions taken by the Council in closed session, if any.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.104 Prohibited action.

The Council shall be prohibited from taking any action on any item not appearing on the posted agenda, unless:

(a)    The Council determines by majority vote that an emergency situation exists. Each newspaper and radio or television station which is entitled to special notice shall be notified of such emergency meeting at least one hour before such meeting. No closed session shall be held during an emergency meeting. All special meeting requirements shall otherwise be applicable to an emergency meeting;

(b)    The Council determines by a two-thirds (2/3) vote of the full Council, or, if less than two-thirds (2/3) (five (5) Council members) are present, then by unanimous vote of the Council members present, that the need to take action on the item arose subsequent to the posting of the agenda; or

(c)    The item was included in a properly posted agenda for a prior meeting occurring not more than five (5) calendar days prior to the meeting at which the action is taken and was continued from such prior meeting to the meeting at which the action is taken.

(d)    “Action taken,” for the purposes of this section, shall mean either a collective decision, a collective commitment or promise to make a positive or negative decision, or an actual vote by a majority of the Council, when sitting as a body, upon a motion, proposal, order, resolution, or ordinance. “Action taken” shall not include the referral of a matter to City Staff.

(e)    “Emergency action,” for the purposes of this section, shall mean any of the following:

(1)    Work stoppage or other activity which severely impairs the public health or safety, or both, as determined by a majority of the full Council; or

(2)    A crippling disaster which severely impairs the public health or safety, or both, as determined by a majority of the full Council.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.105 Agenda.

(a)    To facilitate the orderly conduct of the business of the Council, the City Manager shall be notified no later than a time to be established by resolution of the Council of all reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Council at such meeting. Immediately thereafter the City Clerk shall prepare the agenda for such matters according to the order of business and furnish each member of the Council. the City Manager, the City Attorney, and each department head with a copy of the agenda at least seventy-two (72) hours prior to the Council meeting.

(b)    The agenda for each regular Council meeting shall set forth a brief description of each item of business to be transacted or discussed at the meeting, together with the time and location of the meeting.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.106 Presiding officer.

The Mayor shall preside at all Council meetings and perform such other duties consistent with the office as may be imposed by the Charter of the City, the Council, or by vote of the people. The Mayor shall be entitled to, and shall vote but shall possess no veto power. The Mayor shall be recognized as the official head of the City for all political, representative, and ceremonial purposes, by the courts for the purpose of serving civil processes, and by the Governor of the State for military purposes. In times of public danger or emergency, the Mayor may direct the administration of the City government through the City Manager.

The Mayor shall preserve strict order and decorum at all meetings of the Council. The Mayor shall sign all ordinances adopted by the Council during the presence of the Mayor. In the event of the absence of the Mayor, the Vice Mayor shall sign ordinances and other documents as may require the signature of the Mayor as then adopted.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.107 Call to order.

The Mayor, or in the absence of the Mayor, the Vice Mayor, shall call the Council to order at the hour appointed for the meeting. In the absence of the Mayor or Vice Mayor, the City Clerk shall call the Council to order, whereupon a temporary chairman shall be elected by the members of the Council present. Upon the arrival of the Mayor or Vice Mayor, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Council.

(§ 1, Ord. 728-87 C-M, eff, March 12, 1987)

2-1.108 Roll call.

Before proceeding with the business of the Council, a roll of the members shall be taken, and the names of those present shall be entered in the minutes.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.109 Quorum.

A majority of the entire membership of the Council shall constitute a quorum to do business, but a lesser number than a quorum may adjourn from time to time. If all of the members of the Council are absent from any regular or adjourned regular meeting, the City Clerk may declare the meeting adjourned to a stated day and hour. In such event the City Clerk shall cause written notice of the adjournment to be given in the same manner as provided in Section 2-1.102 of this article for special meetings, unless the notice is waived as provided for special meetings. Whenever a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting shall be a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting shall be held, it shall be held at the hours specified for regular meetings by Section 2-1.101 of this article.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.110 Order of business.

At the time set for each regular meeting, the members of the Council, the City Manager, the City Clerk, and the City Attorney shall take their regular seats in the Council Chamber. Unless the City Manager and City Clerk determines that a particular meeting agenda requires a different order of business or unless the order of business is changed pursuant to Section 2-1.113(b)(1), the business of the Council shall be considered and action taken in the following order:

(a)    Roll call;

(b)    Pledge of allegiance to the flag;

(c)    Oral communications (Council and public);

(d)    Consent agenda;

(e)    Public hearings and ordinances;

(f)    Unfinished business;

(g)    New business;

(h)    Requests and scheduling future agenda items;

(i)    Reports to the Council; and

(j)    Adjournment.

Oral communications shall provide an opportunity for members of the public directly to address the Council on items of interest to the public which are within the subject matter jurisdiction of the Council. No action shall be taken under oral communications, except referrals to the staff, unless action is otherwise authorized by Section 2-1.104.

The agenda need not provide an opportunity for members of the public to address the Council on any item which has already been considered by a committee composed exclusively of Council members after a public hearing, unless the matter has been substantially changed since the item was considered or heard.

The Council may establish by resolution the total amount of time allocated for public testimony on particular issues and for each individual speaker; provided, however, if more than thirty (30) minutes is, or is reasonably anticipated to be, expended on a particular agenda item, then a majority of the Council members present may establish by motion the remaining time to be allocated for public testimony and for each individual speaker.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987, as amended by § 1, Ord. 1311-14 (CM), eff. November 27, 2014)

2-1.111 Reading of the minutes.

Minutes of prior meetings shall be approved, upon the correction of errors or omissions, if any, without reading if the City Clerk has previously furnished each Council member with a copy or synopsis thereof.

(§ 1, Ord. 728.87 C.M, eff. March 12, 1987)

2-1.112 Rules of conduct.

Agenda items and other appropriate City business shall be brought before the Council in accordance with the following standards of conduct and procedure:

(a)    Announcement of items. The Mayor shall announce the topic of the agenda item.

(b)    Obtaining the floor. Any Council member wishing to speak shall first obtain the floor by being recognized by the Mayor. The Mayor shall recognize any Council member who seeks the floor when appropriately entitled to do so.

(c)    Motions. The Mayor or any Council member may bring an agenda item for vote before the Council by making a motion. Before the matter can be further considered or discussed, it shall be seconded. The Mayor, or such other Council member as may be presiding, may move, second, and debate in accordance with the procedural rules of order and shall not be deprived of any right or privilege by reason of acting as a presiding officer. Once the motion has been properly made and seconded, the matter shall be open for further discussion. The moving party shall be offered the first opportunity to speak to the motion and, thereafter, any Council member properly recognized by the Mayor. Once the matter has been fully debated and the Mayor calls for a vote, no further discussion will be allowed; provided, however, Council members may be allowed to explain their vote.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.113 Procedural rules of order.

Once a main motion is properly placed on the floor, several related motions may be employed in addressing the main motion, which shall take precedence over the main motion and, if properly made and seconded, shall be disposed of before the main motion can be acted upon.

The following motions are appropriate and may be made by the Mayor or any Council member at any appropriate time during the discussion of the main motion. They are listed in order of precedence. The first three (3) subsidiary motions are nondebatable; the last four (4) are debatable:

(a)    Subsidiary motions.

(1)    Lay on the table. Any Council member may move to lay the matter under discussion on the table. Such motion temporarily suspends any further discussion of the pending motion without setting a time certain to resume debate. It shall be moved, seconded, and passed by a majority vote. A motion to take from the table may be made at the same meeting at which the motion was placed on the table.

The agenda item which was tabled shall die, although it can be placed on a subsequent meeting agenda by any Council member, at which meeting a Council member shall move that the matter be taken from the table and seconded and passed by a majority of Council members present. The matter may then be further considered.

(2)    Move previous question. Any Council member may move to immediately bring the question being debated by the Council to a vote, suspending any further debate. The motion shall be made and seconded without interrupting one who already has the floor. A majority vote of Council members present shall be required for passage.

(3)    Limit or extend limits of debate. Any Council member may move to put limits on the length of debate. The motion shall be made and seconded and shall require a two-thirds ( 2/3) vote of the full Council to pass.

(4)    Postpone to a time certain. Any Council member may move to postpone the pending question to a time certain. Such motion continues the pending main motion to a future date as determined by the Council at the time the motion is passed. The motion shall be seconded and shall require a majority vote of the Council members present for passage.

(5)    Refer. Any Council member may move that the matter being discussed should be referred to the staff, a committee, or commission for further study. The motion shall be seconded and shall require a majority vote of the Council members present for passage. The motion may contain directions for the referral, as well as a date upon which the matter will be returned to the Council agenda. Any Council member may move at any time to require the item be returned to the agenda. The motion shall be seconded and shall require a majority vote of the Council members present for passage.

(6)    Amend. Any Council member may amend the main motion or any amendment made to the main motion. Before the main motion may be acted upon. all amendments and amendments to amendments shall first be acted upon. A motion to amend shall be seconded and shall require a majority vote of the full Council for passage. An amendment shall be related to the main motion or amendment to which it is directed. Any amendment which substitutes a new motion rather than amending the existing motion shall be out of order and may be so declared by the Mayor.

(7)    Postpone indefinitely. Any Council member may move to postpone indefinitely the motion on the floor, thus avoiding a direct vote on the pending motion and suspending any further action on the matter. The motion shall be seconded and shall require a majority vote of the full Council for passage.

(b)    Motions of privilege, order, and convenience. The following actions by the Council are to insure the orderly conduct of meetings and for the convenience of the Mayor and Council members. Such motions shall take precedence over any pending main or subsidiary motion and may or may not be debated as noted.

(1)    Call for orders of the day. The Mayor may take matters out of order to accommodate members of the public attending the meeting. Any Council member may demand that the agenda be followed in the order stated therein. No second shall be required, and the Mayor shall comply, unless the Council, by a majority vote of the Council members present, sets aside the orders of the day.

(2)    Questions of privilege. Any Council member, at any time during the meeting. may make a request of the Mayor to accommodate the needs of the Council or personal needs of a Council member for such things as reducing noise or adjusting air-conditioning, ventilation, lighting, and the like. Admissibility of the question shall be ruled on by the Mayor.

(3)    Recess. The Mayor may order a recess, and any Council member may move for a recess. The motion shall be seconded, and a majority vote of the Council members present shall be required for passage. The motion shall be debatable.

(4)    Adjourn. Any Council member may move to adjourn at any time, even though business is pending. The motion shall be seconded, and a majority vote of the Council members present shall be required for passage. The motion shall not be debatable.

(5)    Points of order. Any Council member may require the Mayor to enforce the rules of the Council by raising a point of order. The point of order shall be ruled upon by the Mayor.

(6)    Appeals. Should any Council member be dissatisfied with a ruling from the Mayor, such Council member may move to appeal the ruling to the full Council. The motion shall be seconded to put it before the Council. A majority vote in the negative or a tie vote shall sustain the ruling of the Mayor. The motion shall be debatable, and the Mayor may participate in the debate.

(7)    Division of questions. Any Council member may move to divide the subject matter of a motion which is made up of several parts in order to vote separately on each part. The motion shall require a second and a majority vote of the Council members present for passage. Such motion may also be applied to complex ordinances or resolutions.

(8)    Reconsider. A motion to reconsider any action taken by the Council may be made on the day such action was taken. Such motion may be made either immediately during the same session or at an adjourned session thereof provided the matter is properly placed on the agenda. Such motion shall be made by one of the prevailing side but may be seconded by any Council member. The motion shall be debatable. The provisions of this subsection 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 provided the matter is properly placed on the agenda.

(9)    Rescind, repeal, or annul. The Council may rescind, repeal, or annul any prior action taken with reference to any legislative or administrative matter so long as the action to rescind, repeal, or annul complies with all the rules applicable to the initial adoption, including any special voting or notice requirements or unless otherwise specified by law, and does not rescind a vested right.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.114 Public hearings.

Matters which are required to be heard at a noticed public hearing shall be conducted in the following manner:

(a)    Time for consideration. Matters noticed to be heard by the Council shall commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the matter has been completed or continued or until other disposition of the matter has been made.

(b)    Continuance of hearings. Any hearing being held or noticed or ordered to be held by the Council at any meeting of the Council, by order or notice of continuance, may be continued or recontinued to a time certain at any subsequent meeting in the manner provided in this article for adjourned meetings; provided, however, if the hearing is continued to a time less than twenty-four (24) hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of the hearing shall be posted immediately following the meeting at which the order or notice of continuance was adopted or made.

(c)    Public discussion at hearings. When a matter for public hearing comes before the Council, the Mayor shall open the public hearing. Upon opening the public hearing and before any motion is adopted related to the merits of the issue to be heard, the Mayor shall call for a staff report and thereafter inquire if there are any persons present who desire to speak on the matter which is to be heard or to present evidence respecting the matter. Any person desiring to speak or present evidence shall first be recognized by the Mayor. The person may speak or present evidence relative to the matter being heard. Members of the Council who wish to ask questions of the speakers or each other during the public hearing portion may do so but only after first being recognized by the Mayor. The Mayor shall conduct the meeting in such a manner as to afford due process.

All persons interested in the matter being heard shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the City Clerk as a part of the record of the City Clerk. Time limits may be established limiting the duration of presentations as set forth in this article. No person shall be permitted during the hearing to speak about matters or present evidence which is not germane to the matter being considered. A determination of relevance shall be made by the Mayor but may be appealed as set forth in this article.

Upon the close of the public hearing, no new evidence may be presented, except that Council members may ask questions for the purposes of clarification during the period of Council discussion.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.115 Addressing the Council.

Any person desiring to address the Council at a meeting shall first secure the permission of the Mayor to do so.

(a)    Written Communications. Interested parties, or their authorized representatives, may address the Council by written communications in regard to matters then under discussion.

(b)    Oral Communications. Residents of the City, their authorized representatives, or other interested persons may address the Council by oral communications on any matter concerning the City’s business or on any matter over which the Council has control; provided, however, preference shall be given to those persons who shall have notified the City Clerk in advance of their desire to speak in order that the same may appear on the agenda of the Council.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.116 Addressing the Council after a motion is made.

After a motion is made by a Council member, no person shall address the Council without first securing the permission of the Mayor to do so.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.117 Manner of addressing the Council.

Each person addressing the Council shall speak at the public podium after rising and stating such person’s name and address in an audible tone of voice for the record. All remarks shall be addressed to the Council as a body and not to any member thereof, nor to the audience. No person, other than a Council member and person having the floor, shall be permitted to enter into any discussion, either directly or through a Council member, without the permission of the Mayor. No question shall be asked a Council member, except through the Mayor.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.118 Voting.

(a)    Votes Mandatory. All members of the Council, when present, shall vote. Silence in a voice vote or refusal to answer in a roll call vote shall be recorded by the City Clerk as an affirmative vote. A roll call vote shall be taken upon the passage of all ordinances and resolutions. Upon the request of any Council member, a roll call vote shall be taken on any voice vote for a motion.

(b)    Disclosures of Personal Interest. When a Council member has either a contractual or non-contractual financial, direct, or indirect interest, or a conflict of interest, in any matter or question placed before the Council, including the presentation of any resolution or ordinance, such special interest or conflict of interest shall be disclosed, and the Council member so concerned shall withdraw from the discussions. Whenever a member of the Council has fairly disclosed the nature and extent of such special interest or conflict of interest in an open meeting, the Council member polled in a roll call relating to such matters may reply “abstain”, and the vote shall be recorded as an abstention. In all other cases whenever a member refuses to vote, the City Clerk shall thereupon cast a vote of “yes” for such member.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.119 Decorum.

(a)    By Council Members. While the Council is in session, the Council members shall preserve order and decorum. A Council member shall neither, by conversation or otherwise, delay nor interrupt the proceedings or the peace of the Council, nor disturb any Council member while speaking, nor refuse to obey the orders of the Mayor, except as otherwise provided in this article.

(b)    By Other Persons. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous during a Council meeting, shall be forthwith, by the Mayor, barred from further audience at such meeting before the Council, unless permission to continue shall be granted by a majority vote of the Council members present.

(c)    Violations. The Mayor may call upon the Chief of Police or any peace officer to maintain order and decorum in the Council Chamber. Any person in attendance who uses loud, boisterous, or profane language at any Council meeting or language tending to bring the Council or its members or members of the staff into contempt, or any person who persistently interrupts the proceedings of the Council or who makes personal, impertinent, or slanderous remarks, or who refuses to be seated when ordered to do so by the Mayor shall be barred from further audience before the Council, unless permission to continue shall be granted by the majority of four (4) votes of the Council.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.120 Disorderly conduct.

In the event any meeting is wilfully interrupted by a group of persons so as to render the orderly conduct of the meeting infeasible, and order cannot be restored by the removal of individuals who are wilfully interrupting the meeting, the Mayor may order the Council Chamber cleared and continue in session. Representatives of the press and other news media, except those participating in the disturbance, shall be allowed to attend the continued session.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.121 Special committees.

All special committees of less than a quorum shall be appointed by the Mayor. Such committees shall be temporary in tenure and shall automatically be discharged upon the completion of their task, or upon an order of the Mayor, or by a majority vote of the full Council.

All committees shall be appointed to serve for a defined special task to be performed within a specified period of time.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.122 Filing of reports, ordinances, and resolutions.

All reports, ordinances, and resolutions shall be entered on the minutes by title and shall be given to and filed by the City Clerk with pertinent material relating to the Council meeting.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

Article 2. Legislation*

*    Sections 2-1.201 through 2-1.214, codified from Ordinance No. 15 C-M, repealed by Ordinance No. 728-87 C-M, effective March 12, 1987.

2-1.201 Method of action.

Official actions of the Council shall be in the form of motions, resolutions, or ordinances. Motions shall be used to express the Council’s decisions on routine questions or matters of temporary importance or to refer matters to the staff and shall be moved, seconded, and adopted by a voice vote, unless a roll call is requested by a Council member. Motions shall not be used for appropriation or expenditure of funds. Resolutions shall be used to express administrative decisions of the Council of a permanent or lasting nature and shall be introduced, seconded, and adopted by a roll call vote. Resolutions shall be used to adopt the budget after the publication required by Section 1104 of the Charter. The Council may by resolution amend or supplement the adopted budget by transferring unused balances appropriated for one purpose to another, or by appropriating available revenue not yet appropriated in the budget. Ordinances shall be used to adopt legislative formal policy, laws in exercise of the police power, and in other instances required by law or the Charter of the City.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987, as amended by § 1, Ord. 1185-05 C-M, eff. March 24, 2005)

2-1.202 Preparation of ordinances.

All ordinances shall be prepared in writing by the City Attorney. No ordinance shall be prepared for presentation to the Council unless sponsored by a Council member or prepared by the City Attorney on the recommendation of the City Manager, or City Attorney, or City Clerk.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.203 Prior approval by the staff.

All ordinances, resolutions, and contract documents, before presentation to the Council, shall have been approved as to form and legality by the City Attorney. On substantive matters of administration, the City Manager shall advise the Council of staff recommendations thereon.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.204 Introduction and adoption.

(a)    The City Manager or City Attorney or City Clerk may present ordinances, resolutions, and other matters or subjects to the Council for consideration. Ordinances, resolutions, and other matters or subjects requiring action by the Council shall be introduced by a Council member.

(b)    With the sole exception of ordinances which take effect immediately upon adoption, no ordinance shall be adopted by the Council on the day of its introduction, or within six (6) days thereafter, or at any time other than at a regular or adjourned regular meeting, or until at least the title and a summary thereof have been published in the official newspaper of the City at least three (3) days prior to its final adoption.

An ordinance shall be introduced by motion upon a reading of at least the title and summary thereof. After publication as provided by the Charter of the City and this chapter, the ordinance shall be finally adopted by motion at a subsequent meeting. Publication of at least the title and a summary in the official newspaper of the City shall follow within fifteen (15) days after the final adoption, and the ordinance shall become effective after thirty (30) days from and after its final adoption. In the case of an amendment being made thereto prior to the final adoption of the ordinance, it shall not be finally adopted except at a regular or adjourned meeting held not less than six (6) days after the date the ordinance was so amended. The correction of typographical or clerical errors shall not constitute an amendment.

(c)    Any ordinance declared by the Council to be necessary as an emergency measure for preserving the public peace, health, or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least five (5) affirmative votes.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.205 Title.

Each ordinance and resolution shall be preceded by a brief title which shall indicate the subject thereof.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.206 Ordaining clause.

The ordaining clause of all ordinances adopted by the Council shall be substantially as follows: “The Council of the City of Watsonville does ordain as follows”.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.207 Roll call vote.

A roll call vote shall be taken upon the passage of all ordinances and resolutions and be entered in the minutes of the Council. Upon the request of any Council member, a roll call vote shall be taken and recorded on any other vote. Whenever a recorded or roll call vote of the Council is in order, a designated person shall call the names of the Council members in alphabetical order, except that the name of the Mayor shall be called last.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.208 Majority vote required.

No ordinance or resolution shall be passed or become effective without receiving the affirmative votes of at least four (4) members of the Council.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.209 Amendments.

The amendment of any section of an ordinance or a Code section shall be solely by the reenactment of such section at length, as amended.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.210 Repeals.

No ordinance, or section thereof, shall be repealed except by an ordinance.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.211 Effective date.

No ordinance adopted by the Council shall become effective until thirty (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;

(d)    An emergency ordinance adopted in the manner provided for in this article;

(e)    An ordinance annexing areas to the City; or

(f)    An ordinance providing for a tax levy or appropriation for the usual current expenses of the City.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.212 Record of ordinances.

A true and correct copy of all ordinances shall be kept and certified to by the City Clerk in a book marked “City Ordinances”. A copy certified by the City Clerk, or the original ordinance, shall be prima facie evidence of the contents of the ordinance and of the due passage and publication of the ordinance and shall be admissible as such in any court or proceeding.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

2-1.213 Codification of ordinances.

Any or all ordinances of the City which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, shall be compiled, consolidated, revised, indexed, and arranged as a comprehensive Municipal Code. Such Code shall not be published in the manner required for ordinances, but not less than three (3) copies thereof shall be filed for use and examination by the public in the office of the City Clerk. Subsequent amendments to sections of the Code shall be enacted in the same manner as required by this article for the amendment of ordinances generally.

Detailed regulations pertaining to any subject such as the construction of buildings, plumbing, electrical, fire, or other subjects which require extensive regulations, when arranged as a comprehensive Code, may be adopted by reference.

(§ 1, Ord. 728-87 C-M, eff. March 12, 1987)

Article 3. Qualifications

2-1.301 Qualifications for nomination for election or for appointment to the Council.

No person shall be eligible to be nominated for election or for appointment to the Council unless such person is otherwise qualified and unless such person is at the time of such nomination or appointment, a registered qualified voter of the City and shall have been, for at least thirty (30) days preceding the opening date for the filing of nomination papers or of the appointment, a resident of the City and the district of the City or of territory annexed thereto which the person seeks to represent.

(Ord. 380 C-M, eff. April 22, 1976, as amended by § 1, Ord. 829-90 C-M, eff. February 22, 1990)

2-1.302 Qualifications to hold office on the Council.

No person shall be eligible to hold office as a member of the Council unless such person continuously remains a registered voter of the Council district they represent. If during their term of office a member of the Council district they represent or ceases to be an elector of the City, their office shall immediately become vacant.

(Ord. 380 C-M, eff. April 22, 1976, as amended by § 1, Ord. 829-90 C-M, eff. February 22, 1990)