CHAPTER 1.20
CITY COUNCIL
SECTION:
1.20.010: Regular And Special Meetings
1.20.020: Rules And Regulations For Conducting Meetings
1.20.030: Preparation Of Agenda
1.20.040: Mayor; Selection And Duties
1.20.060: Continuity In Office; Appointments
1.20.070: Ordinances, Resolutions And Contracts
1.20.080: Reports And Resolutions Filed With Clerk
1.20.090: Salary Of Council Members
1.20.100: By-District Electoral System
1.20.110: Establishment Of City Council Electoral Districts
1.20.010 REGULAR AND SPECIAL MEETINGS:
A. Regular Meetings:
1. The city council shall hold regular meetings on the first and third Mondays of each month at a time established, and from time to time may be amended, by resolution of the city council; provided however, that the council may, at a regular meeting, by motion designate an alternative date for a regular meeting if the first or third Monday falls on a legal holiday or if sufficient conflict exists to warrant a change.
2. Regular meetings will be held in the council chambers.
3. Upon recommendation of the city manager, a regular meeting may be canceled if the mayor and mayor pro tem concur that there are no public hearings or business items requiring immediate action to be conducted at the meeting. Written notice of cancellation shall be given to each council member and to each local newspaper of general circulation. Said notice of cancellation shall be delivered personally or by mail, but shall be received at least forty eight (48) hours before the scheduled meeting time. Notice of the cancellation shall also be posted at city hall and at the council chambers forty eight (48) hours before the scheduled meeting time. (1972 Code § 2.04.010)
B. Special Meetings; Notice:
1. The mayor may call special meetings of the council whenever in his opinion the public business may require it, or at the express written request of any three (3) members of the council.
2. Whenever a special meeting is called, a notice in writing signed by the mayor or the presiding officer of the council shall be served upon each member of the council either in person or by notice left at his place of residence, stating the date and hour of the meeting and the purpose for which such meeting is called, at least twenty four (24) hours prior to the time set for holding such meeting, and no business shall be transacted thereat except as is stated in the notice. (1972 Code § 2.04.020)
1.20.020 RULES AND REGULATIONS FOR CONDUCTING MEETINGS:
A. Calling To Order: The mayor shall take the chair precisely at the hour appointed for the meeting and shall immediately call the council to order. In the absence of the mayor, the mayor pro tem, the city clerk, or his assistant 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, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the council.
B. Roll Call: Before proceeding with the business of the council, the city clerk or his deputy shall call the roll of the members, and the names of those present shall be entered in the minutes.
C. Quorum: A majority of all the members elected to the council and the mayor shall constitute a quorum at any regular or special meeting of the council. In the absence of a quorum, the presiding officer shall note the attendance and close the meeting.
D. Conduct Of Business: All meetings of the council shall be open to the public. Promptly at the hour set by resolution on the day of each regular meeting, the members of the council, the city manager and the city attorney shall take their regular stations in the council chambers, and the business of the council or council and redevelopment agency shall be taken up for consideration and disposition in the order set forth in the meeting agenda.
E. Minutes: Unless a reading of the minutes of a council meeting is requested by a member of the council, such minutes may be approved without reading if the clerk has previously furnished each member with a copy thereof.
F. Rules Of Debate: The most recent edition of "Robert’s Rules Of Order" shall govern in all matters not herein referred to.
1. Presiding Officer, Debate And Vote: The mayor 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 by these rules imposed on all members, and shall not be deprived of any of the rights and privileges of a council member by reason of his acting as the presiding officer.
2. Addressing Chair: Every member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine himself/herself to the question under debate, avoiding all personalities and improper language.
3. Interruptions: A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, is called to order, he shall cease speaking until the question of order is determined, and, if in order, he shall be permitted to proceed.
4. Privilege Of Closing Debate: The council member moving the adoption of an ordinance shall have the privilege of closing the debate.
5. 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 must be made by one of the prevailing sides, 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. Nothing herein shall 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.
6. Entering Information In Minutes:
a. Remarks Of Council Members: A council member 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.
b. Synopsis Of Debate: The clerk may be directed by the presiding officer, with consent of the council, to enter in the minutes a synopsis of the discussion of any question coming on regularly before the council.
G. Addressing Council:
1. Following Agenda:
a. Every agenda for regular meetings shall provide an opportunity for members of the public to address the council on general items of interest to the public within the subject matter jurisdiction of the council, as well as the opportunity to speak on items appearing on the agenda before or during the council’s consideration of such matters. Any person desiring to address the council shall first secure the permission of the presiding officer to do so.
b. Interested parties or their authorized representatives may address the council by written communication in regard to any matter appearing on the agenda.
2. Following Motion: After motion is made by the council, no person shall address the council without first securing the permission of the council so to do.
3. Manner; Time Limit: Each person addressing the council shall stand, and give their name and address in an audible tone of voice for the records, and unless further time is granted by the council, shall limit his address to three (3) minutes. All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the presiding officer. No question shall be asked a council member except through the presiding officer.
H. Silence Constitutes Affirmative Vote: Unless a member of the council states that they are not voting, their silence shall be recorded as an affirmative vote.
I. Abstain Vote Constituting Concurrence; Exceptions: In the event that one less than the necessary number of aye votes has been cast, then an abstain vote shall constitute concurrence, and the clerk shall set forth in the minutes that the matter was passed pursuant to this section; provided however, such abstain vote shall not constitute concurrence when the abstain vote is cast as a result of a claim of conflict of interest, stated for the record, with reasons, made prior to the vote, nor shall such abstain vote constitute concurrence when the council person was not present at a hearing and his or her presence at said hearing was legally required before he or she may render a vote thereon.
J. Decorum Of Council, Other Persons:
1. Generally:
a. Council Members: While council is in session, the members shall abide by the city council team constitution adopted via resolution in order to preserve order and decorum and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the council nor disturb any member while speaking or refusing to obey the orders of the council or its presiding officer, except as otherwise provided herein.
b. Other Persons: Any person making personal, impertinent or slanderous remarks, or who becomes boisterous while addressing the council shall be barred forthwith, by the presiding officer, from further audience before the council, unless permission to continue is granted by a majority vote of the council.
2. Enforcement: The chief of police, or such members of the police department as the chief may designate, shall be sergeant at arms of the council meeting. The chief, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meeting. Upon instructions of the presiding officer, it shall be the duty of the sergeant at arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest, and cause them to be prosecuted under the provisions of this code, the complaint to be signed by the presiding officer.
K. Members Filing Protest Against Council: Any member shall have the right to have the reasons for their dissent from, or protest against, any action of the council entered in the minutes.
L. Adjournment: A motion to adjourn shall always be in order and decided without debate. (Ord. 2010-61, 2-16-2010)
1.20.030 PREPARATION OF AGENDA:
A. Preparation; Contents:
1. In order to facilitate the orderly conduct of business of the council, in the week immediately preceding a regular council meeting, the city manager shall provide direction and assistance to the city clerk or deputy clerk in compiling all appropriate reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the council at such meeting. The city clerk or deputy clerk shall subsequently arrange an agenda of such matters and furnish each member of the council, the city manager, and the city attorney with a copy of the agenda packet prior to the council meeting as far in advance of the meeting as time for preparation will permit. Unless otherwise waived by the city manager, all matters to be included on a given agenda must be complete and submitted to the city clerk or deputy clerk by no later than twelve o’clock (12:00) noon on the Tuesday preceding the regular council meeting date.
2. The agenda for a regular meeting prepared by the city clerk or deputy clerk shall, at a minimum, include:
a. The date of the meeting;
b. The time of the meeting;
c. The location of the meeting;
d. A brief general description of each item of business to be transacted or discussed at the meeting;
e. A specified period of time for members of the public to address the council on items of interest to the public that are within the jurisdiction of the council, including a provision that no person may speak longer than three (3) minutes, and including language that the council can only briefly respond to such items with questions, refer a given item to staff, or place the item on a future agenda;
f. A specified section under which council members and staff may present reports or items of interest.
3. The city manager may direct the city clerk or deputy clerk to include items pertaining to the Gonzales redevelopment agency on a council agenda, in which case the meeting shall be duly noticed as a joint meeting of the Gonzales city council and the Gonzales redevelopment agency. All redevelopment agency items on the agenda shall be clearly marked so as to distinguish them from council items of business.
4. The city clerk shall so mark or denote "consent calendar" items on the agenda to identify those items which can reasonably be expected to generate no discussion by members of the city council, city staff or interested persons in the audience. The council shall consider all of the items on the consent calendar portion of the agenda.
B. Posting Agenda: At least seventy two (72) hours before each regular meeting, the city clerk shall post copies of the agenda in accordance with the law. Thereafter, the city clerk shall execute a declaration of posting which shall be filed in the office of the city clerk. (Ord. 2001-08, 4-2-2001)
1.20.040 MAYOR; SELECTION AND DUTIES:
A. Election:
1. The position of mayor is an elected office.
B. Duties:
1. The mayor shall preserve strict order and decorum at all regular and special meetings of the council.
2. The mayor 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.
3. The mayor shall vote on all questions, his name being called last.
4. The mayor shall sign all ordinances and resolutions adopted by the council during their presence. In the event of the absence of the mayor, the presiding officer shall sign ordinances and resolutions as then adopted.
C. Term:
1. The term of office for mayor is two (2) years. (Ord. 2010-61, 2-16-2010)
1.20.050 COMMITTEES:
A. Standing Committees: The only standing committee of the council shall be the "committee of the whole". The presiding officer of the council shall be the presiding officer of the "committee of the whole", and the rules of proceedings in the council shall be observed in the "committee of the whole" as far as the same may be applicable. (1972 Code § 2.04.190)
B. Reports Of Committees: The committees of the council shall make reports in writing, and shall return petitions, resolutions, accounts, or other papers submitted for consideration. (1972 Code § 2.04.220)
1.20.060 CONTINUITY IN OFFICE; APPOINTMENTS:
A. Deputy Pro Tem: Where no other provision is made by statute or ordinance for the contingency, in the event of the temporary absence or disability of any officer or employee of the city, the mayor may designate some other officer or employee as deputy pro tem for the office position. The person so designated as deputy pro tem shall have all the powers and duties of the officer or employee for whom he is such temporary deputy, during the time covered by such appointment by the mayor, until the return of the officer or employee to duty.
B. Vacancy In Office: To ensure continuity and avoid interruption in the administration of the city government, in the case of a vacancy in any office or position in the city government, the mayor may appoint a deputy pro tem to perform the duties of the office or position so vacant until a successor may be selected and qualified in the manner provided by law.
C. Council Appointment For Certain Officers: The positions of city manager, city clerk, city treasurer and city attorney shall be filled only by the city council. (1972 Code § 2.04.180)
1.20.070 ORDINANCES, RESOLUTIONS AND CONTRACTS:
A. Preparation Of Ordinances: All ordinances shall be prepared by the city attorney. No ordinance shall be prepared for presentation to the council unless ordered by a majority vote of the council, or requested in writing by the mayor, or prepared by the city attorney on his own initiative.
B. Prior Approval: All ordinances, resolutions and contract documents shall, before presentation to the council, have been approved as to form and legality by the city attorney.
C. Publishing: All city ordinances shall be published in a newspaper of general circulation printed and published in the city.
D. Inscription In Ordinance Book: All city ordinances shall be inscribed in the city ordinance book. (1972 Code § 2.04.210)
1.20.080 REPORTS AND RESOLUTIONS FILED WITH CLERK:
All reports and resolutions shall be filed with the city clerk and their title entered in the minutes. (1972 Code § 2.04.230)
1.20.090 SALARY OF COUNCIL MEMBERS:
Each member of the city council shall receive a salary as authorized by California Government Code section 36516, in the amount of three hundred dollars ($300.00) per month, effective as of October 1, 1985. (1972 Code § 2.04.250)
1.20.100 BY-DISTRICT ELECTORAL SYSTEM:
Pursuant to California Government Code section 34886 and the schedule established in section 1.20.120, beginning in November 2024, members of the city council shall be elected on a by-district basis from four (4) single-member council districts. The mayor shall be separately elected on a city-wide basis per section 1.20.040. The city’s by-district electoral system shall be conducted in accordance with California Government Code section 34871(c). (Ord. 2023-139, 8-7-2023)
1.20.110 ESTABLISHMENT OF CITY COUNCIL ELECTORAL DISTRICTS:
A. Pursuant to section 1.20.100, members of the city council shall be elected on a by-district basis, as that term is defined in California Government Code section 34871(c), from the four (4) council districts described as follows, which shall continue in effect until they are amended or repealed in accordance with law:
1. Council District 1 shall comprise all that portion of the city reflected on Attachment A.
2. Council District 2 shall comprise all that portion of the city reflected on Attachment A.
3. Council District 3 shall comprise all that portion of the city reflected on Attachment A.
4. Council District 4 shall comprise all that portion of the city reflected on Attachment A.
B. Members of the city council, excluding the mayor, shall be elected in the electoral districts established by this section and subsequently reapportioned pursuant to applicable state and federal law.
C. Except as provided in subsection D of this section and notwithstanding any other provision of this chapter, once this chapter is fully phased in, the member of the city council elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for city council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to California Government Code section 34882 and Elections Code section 10227. Termination of residency in a district by a member of the city council shall create an immediate vacancy for that council district unless a substitute residence within the district is established within thirty (30) days after the termination of residency.
D. Notwithstanding any other provision of this section, and consistent with the requirements of California Government Code section 36512, the members of the city council in office at the time the ordinance codified in this chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. At the end of the term of each member of the city council, excluding the separate office of mayor, that member of the city council’s successor shall be elected on a by-district basis in the districts established in this section and as provided in section 1.20.120.
E. Nothing in this section shall affect the election of the mayor, who shall remain elected on a city-wide basis, in accordance with section 1.20.040.
(Ord. 2023-139, 8-7-2023)
1.20.120 ELECTION SCHEDULE:
Except as otherwise required by California Government Code section 36512, the members of the city council shall be elected as follows: council member in Council District 2 at the general municipal election in November of 2024; council members in Districts 1 and 3 (full term) and council member in District 4 (initial two (2) year term) at the general municipal election in 2026; council members in Districts 2 and 4 at the general municipal election in 2028, and every four (4) years thereafter, as such council districts may be amended; council members in Districts 1 and 3 at the general municipal election in 2030 and every four (4) years thereafter, as such council districts shall be amended. The election schedule for the mayor is not affected by the schedule established in this section. (Ord. 2023-139, 8-7-2023)