Chapter 2.08
CITY COUNCIL
Sections:
2.08.010 Meetings—Time.
2.08.020 Meetings—Place.
2.08.030 Meetings—Falling on holidays—During emergencies.
2.08.040 Meetings—Adjournment—Continuance.
2.08.050 Special meetings.
2.08.060 Executive sessions.
2.08.070 Meetings—Agenda.
2.08.080 Council correspondence.
2.08.090 Order of business.
2.08.100 Meetings—Minutes— Preparation.
2.08.110 Meetings—Minutes—Reading.
2.08.120 Meetings—Presiding officer— Designation.
2.08.130 Meetings—Presiding officer—Participation.
2.08.140 Seating arrangement.
2.08.150 Procedures on questions.
2.08.160 Presiding officer—Document signing.
2.08.170 Sworn testimony.
2.08.180 Mayor and vice-mayor selection.
2.08.190 Rules of debate.
2.08.200 Councilmember’s statement—Entering in minutes.
2.08.210 Protest against council action.
2.08.220 Rules of order.
2.08.230 Failure to observe rules of order.
2.08.240 Addressing the council.
2.08.250 Rules of decorum.
2.08.260 Enforcement of decorum.
2.08.270 Voting—Procedure.
2.08.280 Conflicts of interest.
2.08.290 Failure to vote.
2.08.300 Tie vote.
2.08.310 Changing vote.
2.08.320 Action reconsideration.
2.08.330 Ordinances, resolutions and contracts.
2.08.340 Reading ordinances and resolutions.
2.08.350 Salary.
2.08.360 Filling vacancies.
2.08.370 Violation—Not a misdemeanor.
2.08.010 Meetings—Time.
The regular meetings of the city council shall be held on the first and third Mondays of each month at the hour of six-thirty p.m., at which time the council shall sit as the ex officio board of directors of the Estero municipal improvement district; provided, that if any of said meetings are not adjourned by or about twelve midnight, the council shall at a reasonable time thereafter vote on the question of whether the council meeting shall be duly adjourned over to a time, place and date certain. (Ord. 552 § 1, 2010: Ord. 165 § 1, 1978: Ord. 135 § 1, 1976: Ord. 142 § 1, 1976: Ord. 69 § 1 (part), 1972: Ord. 3 § 1 (part), 1971: prior code § 2-101)
2.08.020 Meetings—Place.
The regular meetings of the city council shall be held at 600 Foster City Boulevard, in the city. (Ord. 69 § 1 (part), 1972: Ord. 50 § 1, 1972: Ord. 3 § 1 (part), 1971: prior code § 2-102)
2.08.030 Meetings—Falling on holidays—During emergencies.
Government Code Section 54954 provides in pertinent part as follows:
“If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day. If, by reason of fire, flood, earthquake or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place as is designated by the presiding officer of the legislative body.” (Ord. 3 § 1 (part), 1971: prior code § 2-103.010)
2.08.040 Meetings—Adjournment—Continuance.
Government Code Section 54955 provides as follows:
“The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting, the clerk or secretary of the legislative body may declare the meeting adjourned to a stated time and place and he or she shall cause a written notice of the adjournment to be given in the same manner as provided in [Government Code] Section 54956 for special meetings, unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw, or other rule.”
Government Code Section 54955.1 provides as follows:
“Any hearing being held, or noticed or ordered to be held, by a legislative body of a local agency at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting of the legislative body in the same manner and to the same extent set forth in [Government Code] Section 54955 for the adjournment of meetings; 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 of hearing shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made.” (Ord. 3 § 1 (part), 1971: prior code § 2-103.020)
2.08.050 Special meetings.
Government Code Section 54956 provides as follows:
“A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering personally or by mail written notice to each member of the legislative body 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 by the legislative body. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes.” (Ord. 3 § 1 (part), 1971: prior code § 2-103.030)
2.08.060 Executive sessions.
Government Code Section 54957 provides as follows:
“Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency from holding executive sessions during a regular or special meeting to consider the appointment, employment or dismissal of a public officer or employee or to hear complaints or charges brought against such officer or employee by another public officer, person or employee unless such officer or employee requests a public hearing. The legislative body also may exclude from any such public or private meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body.
“Nothing in this chapter shall be construed to prevent any board, commission, committee, or other body organized and operated by any private organization as defined in [Government Code] Section 54952 from holding executive sessions to consider (a) matters affecting the national security, or (b) the appointment, employment or dismissal of an officer or employee or to hear complaints or charges brought against such officer or employee by another officer, person, or employee unless such officer or employee requests a public hearing. Said body also may exclude from any such public or private meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body.”
Government Code Section 54957.6 provides as follows:
“Notwithstanding any other provision of law, a legislative body of a local agency may hold executive sessions with its designated representatives prior to and during consultations and discussions with representatives of employee organizations regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of employees in order to review its position and instruct its designated representatives.”
The city council may hold an executive session with its legal counsel to discuss litigation matters, but only to the extent permitted by law. (Ord. 3 § 1 (part), 1971: prior code § 2-103.040)
2.08.070 Meetings—Agenda.
All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the council/board at a regular meeting shall be delivered to the city clerk (district secretary) not later than eight a.m., on the Monday preceding the meeting. The city clerk (district secretary) shall prepare the agenda of all such matters under the direction of the city/district manager. If the mayor/president or city/district manager determines that a matter is urgent, it may be added to the agenda thereafter. The final agenda must be posted seventy-two hours before the meeting. The agenda shall be delivered to the council/boardmembers on the Thursday preceding the Monday council/board meeting to which it pertains and shall be made available to the public immediately thereafter. (Ord. 338 § 1, 1987: Ord. 135 § 2, 1976: Ord. 131 § 1, 1976: Ord. 3 § 1 (part), 1971: prior code § 2-103.050)
2.08.080 Council correspondence.
A. Availability to the Public. Correspondence addressed to the city council which is received by the city clerk or any other officer or employee of the city shall become a public record upon receipt and being filed by the council. Correspondence received after twelve noon on the Thursday preceding a regular council meeting shall not be placed on the agenda unless it concerns a matter to be considered by the council at the next regular meeting or is determined by the mayor or the city manager to be an urgent matter. Correspondence shall not be read aloud at a council meeting unless requested by a member of the council.
B. Authority of City Manager. The city manager and mayor are authorized to open and examine all mail or other written communications addressed to the city council and to give it immediate attention to the end that all administrative business referred to in the communications and not requiring council action may be acted upon between council meetings. All such correspondence given attention by the city manager shall be referred to the mayor for information purposes. (Ord. 3 § 1 (part), 1971: prior code § 2-103.060)
2.08.090 Order of business.
A. The business of the council/board shall be taken up for consideration and disposition in the following order, with the city items coming first where appropriate:
1. Call to order;
2. Pledge of allegiance;
3. Roll call;
4. Special presentations;
5. Public;
6. Consent Calendar. All matters listed under consent calendar are considered to be routine by the city council/EMID board of directors and will be enacted by one motion unless removed by a member of the council/board, staff, or public. There will be no separate discussion on these items unless a citizen or a council/board member so requests. If discussion is required, that item will be removed from the consent calendar and will be considered separately after approval of the remaining items on the consent calendar. Vote may be by roll call.
a. Minutes,
b. Ordinances for adoption,
c. Resolutions for adoption,
d. Other;
7. Public hearings;
8. New business;
9. Reports;
10. Ordinances for introduction;
11. Resolutions for adoption;
12. Old business;
13. Communications;
14. City/district manager reports, council/board statements and requests, and council liaison reports;
15. Closed session; and
16. Adjournment.
B. The order of business shall not be changed except by majority vote of the council/board. (Ord. 599 § 1, 2016: Ord. 375 § 1, 1990: Ord. 338 § 2, 1987: Ord. 135 § 3, 1976: Ord. 90 § 1, 1974: Ord. 3 § 1 (part), 1971: prior code § 2-103.070)
2.08.100 Meetings—Minutes—Preparation.
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 majority action of the city council. (Ord. 3 § 1 (part), 1971: prior code § 2-103.080)
2.08.110 Meetings—Minutes—Reading.
Unless the reading of the minutes of a council meeting is ordered by a member of the council, such minutes may be approved without reading if the city clerk has previously furnished each councilman with a copy. (Ord. 3 § 1 (part), 1971: prior code § 2-103.090)
2.08.120 Meetings—Presiding officer— Designation.
The mayor shall be the presiding officer at all meetings of the city council. In the absence of the mayor, the mayor pro tempore shall preside. In the absence of both the mayor and mayor pro tempore, the city clerk shall call the council to order, whereupon a temporary presiding officer shall be elected by the councilmen present to serve until the arrival of the mayor or mayor pro tempore or until adjournment. Wherever in this chapter “mayor” is used, it applies equally to the presiding officer as defined in this section. (Ord. 3 § 1 (part), 1971: prior code § 2-103.100)
2.08.130 Meetings—Presiding officer— Participation.
The presiding officer may move, second, debate and vote from the chair. (Ord. 3 § 1 (part), 1971: prior code § 2-103.110(a))
2.08.140 Seating arrangement.
The mayor shall, following each councilmanic election, and at such other time as he or she may deem it necessary, establish the seating arrangement of the members of the council. The mayor pro tempore shall always be seated immediately next to the mayor. (Ord. 3 § 1 (part), 1971: prior code § 2-103.110(b))
2.08.150 Procedures on questions.
The presiding officer or such member of the city staff as he or she may designate shall verbally restate each question immediately prior to calling for the vote. Following the vote the city clerk shall announce whether the question carried or was defeated. The presiding officer in his or her discretion may publicly explain the effect of a vote for the audience, or he or she may direct a member of the city staff to do so, before proceeding to the next item of business. (Ord. 3 § 1 (part), 1971: prior code § 2-103.110(c))
2.08.160 Presiding officer—Document signing.
The presiding officer shall sign all ordinances, resolutions, contracts and other documents necessitating his or her signature which were adopted in his or her presence, unless he or she is unavailable, in which case the signature of an alternate presiding officer may be used. (Ord. 3 § 1 (part), 1971: prior code § 2-103.110(d))
2.08.170 Sworn testimony.
The presiding officer may require any person addressing the city council to be sworn as a witness and to testify under oath, and the presiding officer shall so require if directed to do so by a majority vote of the council. (Ord. 3 § 1 (part), 1971: prior code § 2-103.110(e))
2.08.180 Mayor and vice-mayor selection.
The council shall meet annually to elect one of its members to serve as mayor and one to serve as vice-mayor. The election of the mayor and vice-mayor shall be by majority of the council conducted in public session.
In the years in which there is not a general municipal election, the reorganizational meeting shall be held during the first regular meeting of the council held in December.
In the years in which there is a general municipal election, the reorganizational meeting shall be held during the first regular meeting of the council held in December immediately after approval of the canvass of returns and the installation of the newly elected members of the council. (Ord. 532 § 1, 2006: Ord. 290 § 1, 1984: Ord. 284 § 1, 1984: Ord. 178 § 1, 1979: Ord. 101 § 1, 1974: Ord. 73 § 1, 1973: prior code § 2-103.110(f))
2.08.190 Rules of debate.
A. Getting the Floor. Every councilmember desiring to speak shall first address the chair, gain recognition by the presiding officer, and shall confine himself or herself to the question under debate, avoiding personalities and indecorous language.
B. Questions to Staff. Every councilmember desiring to question the city staff shall, after recognition by the presiding officer, address his or her questions to the member of the staff, through the chair, from whom the information is desired.
C. Interruptions. 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 or she shall cease speaking until the question of order is determined, and, if determined to be in order, he or she 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.
D. Points of Order. The presiding officer shall determine all points of order subject to the right of any councilmember to appeal to the council. If an appeal is taken, the question shall be: “Shall the decision of the presiding officer be sustained?”. A majority vote shall conclusively determine such question of order.
E. 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 or her 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 only if the presiding officer recognizes the privilege.
F. Privilege of Closing Debate. The councilmember moving the adoption of any matter shall have the privilege of closing debate upon any debatable motion.
G. Limitation of Debate. No councilmember shall be allowed to speak more than once upon any particular subject until every other councilmember desiring to do so has spoken. (Ord. 3 § 1 (part), 1971: prior code § 2-103.120)
2.08.200 Councilmember’s statement—Entering in minutes.
A councilmember may request through the presiding officer the privilege of having an abstract of his or her 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. 3 § 1 (part), 1971: prior code § 2-103.130)
2.08.210 Protest against council action.
Any councilmember shall have the right to have the reasons for his or her dissent from, or his or her protest against, any action of the council entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in the following manner: “I would like the minutes to show that I am opposed to this action for the following reasons . . . ”. (Ord. 3 § 1 (part), 1971: prior code § 2-103.140)
2.08.220 Rules of order.
Except as provided in this code, other rules adopted by the city council or applicable provisions of state law, the procedures of the council shall be governed by the latest revised edition of Robert’s Rules of Order. (Ord. 3 § 1 (part), 1971: prior code § 2-103.150)
2.08.230 Failure to observe rules of order.
Rules adopted by this chapter are intended to expedite the transaction of the business of the council in an orderly fashion, are deemed to be procedural only, and the failure to observe such rules shall not affect the jurisdiction of the council or invalidate any action taken at a meeting that is otherwise in conformity with law. (Ord. 3 § 1 (part), 1971: prior code § 2-103.160)
2.08.240 Addressing the council.
A. Manner of Addressing Council. Each person desiring to address the council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his or her name and address for the record, state the subject he or she wishes to discuss, state who he or she is representing if he or she represents an organization or other persons and, unless further time is granted by majority vote of the council, shall limit his or her remarks to three minutes. The city council may vary the time limit for any speaker, if it deems this necessary.
B. Spokespersons for Groups of Persons. In order to expedite matters and to avoid repetitious presentations, whenever 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 spokespersons be chosen by the group to address the council and, in case additional matters are to be presented by any other member of the group, to limit the number of persons addressing the council.
C. After Motion. After the chair has called for the vote or a public hearing has been closed, no member of the public shall address the council from the audience on the matter under consideration without first securing permission to do so by a majority vote of the city council. (Ord. 600 § 1, 2016: Ord. 3 § 1 (part), 1971: prior code § 2-103.170)
2.08.250 Rules of decorum.
A. Councilmembers. While the council is in session, the members must preserve order and decorum, and a member shall neither by conversation nor otherwise delay or interrupt the proceedings or the peace of the council nor disturb any member while speaking nor refuse to obey the orders of the presiding officer. Members of the council shall not leave the council chamber during a meeting without first obtaining the permission of the presiding officer.
B. Employees. Members of the city staff shall observe the same rules of order and decorum as are applicable to the city council, with the exception that members of the city staff may leave the council chamber during a meeting without first obtaining the permission of the presiding officer.
C. Willful Interruptions. Government Code Section 54957.9 provides as follows:
“In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.” (Ord. 3 § 1 (part), 1971: prior code § 2-103.180)
2.08.260 Enforcement of decorum.
The chief of police, or such member or members of the police department as he or she may designate, shall be sergeant-at-arms of the city council and shall carry out all orders given by the presiding officer 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 council shall require him to do so. (Ord. 3 § 1 (part), 1971: prior code § 2-103.190)
2.08.270 Voting—Procedure.
Any vote of the council, including a roll call vote, may be registered by the members by answering “yes” for an affirmative vote or “no” for a negative vote or “abstain” upon his name being called by the city clerk. The presiding officer may call for unanimous consent and, if there is no objection, the vote shall be recorded as unanimous. (Ord. 3 § 1 (part), 1971: prior code § 2-103.200)
2.08.280 Conflicts of interest.
Councilmen are prohibited by statute from being interested in any contract made by the city, unless such interest is remote and specific steps are taken to assure disclosure, all as provided by statute. (Ord. 3 § 1 (part), 1971: prior code § 2-103.210)
2.08.290 Failure to vote.
Every councilman should vote unless disqualified by reason of a conflict of interest. A councilman who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon. (Ord. 3 § 1 (part), 1971: prior code § 2-103.220)
2.08.300 Tie vote.
Tie vote shall be lost motions and may be reconsidered. (Ord. 3 § 1 (part), 1971: prior code § 2-103.230)
2.08.310 Changing vote.
A member may change his vote or withdraw his abstention and 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. 3 § 1 (part), 1971: prior code § 2-103.240)
2.08.320 Action reconsideration.
A motion to reconsider any action taken by the council may be made only in the meeting at which such action was taken. It may be either immediately during the same session or at a recessed or adjourned session thereof. Such motion may be made only by one of the councilmen who voted with the prevailing side. Nothing in this section shall be construed to prevent any councilman from making or remaking the same or any other motion at a subsequent meeting of the council. (Ord. 3 § 1 (part), 1971: prior code § 2-103.250)
2.08.330 Ordinances, resolutions and contracts.
A. All ordinances shall be reviewed by the city attorney. No ordinance shall be prepared for presentation to the council unless ordered by a majority vote of the council, or request by the mayor or city manager, or prepared by the city attorney on his own initiative.
B. Prior Approval by Administrative 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 and shall have been examined and approved for administration by the city manager or his authorized representative. (Ord. 3 § 1 (part), 1971: prior code § 2-103.260)
2.08.340 Reading ordinances and resolutions.
Except when, after reading the title, further reading is waived by regular motion adopted by unanimous vote of the councilmen present, all ordinances shall be read in full either at the time of introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. Any councilman may require that a resolution be read in full. (Ord. 3 § 1 (part), 1971: prior code § 2-103.270)
2.08.350 Salary.
Each member of the city council shall receive a salary of four hundred ninety-six dollars per month upon the commencement of a new term of office for any councilmember, and shall be reimbursed for reasonable expenses incurred by the councilmember in the performance of duties imposed upon the councilmember by law or in the course of business on behalf of the city authorized by the city council. (Ord. 547 § 1, 2009: Ord. 441 § 1, 1997: Ord. 381 § 1, 1991: Ord. 373 § 1, 1990: Ord. 341 § 1, 1987: Ord. 301 § 1, 1985: Ord. 3 § 1 (part), 1971: prior code § 2-104)
2.08.360 Filling vacancies.
In the event of a vacancy on the council, the council shall within thirty days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. Such a special election shall be held on the next regularly established election date not less than seventy-four days from the call of the special election. A person appointed or elected to fill a vacancy shall hold office for the unexpired term of the former incumbent. (Ord. 145 § 1, 1976: Ord. 97 § 1, 1974: prior code § 2-106-001)
2.08.370 Violation—Not a misdemeanor.
A violation of any provision of this chapter shall not constitute a misdemeanor, unless the applicable section of this chapter specifically so provides. (Ord. 3 § 1 (part), 1971: prior code § 2-105)