Chapter 2.04 COUNCIL MEETINGS

The city council shall hold regular meetings on the day and time set by resolution of the city council. (Ord. 1499 §1, 1993: Ord. 880 §1(part), 1976: Ord. 828 §1(part), 1974: Ord. 605 §1(part), 1966: prior code §2.1(1)).

2.04.020 Place of meetings.

All meetings of the city council shall be held in the council chambers in the City Hall located on Merchant Street, between Walnut Street and Lovers Lane, in the city; provided, however, the city council may adjourn to any other location within the city. On such adjournment, the city clerk shall cause to be posted on the door of the council chambers a notice of the other location of the meeting and the time thereof. (Ord. 880 §1 (part), 1976: Ord. 828 §1(part), 1974: Ord. 605 §1(part), 1966: prior code §2.1(2)).

2.04.030 Agenda.

All reports, ordinances, communications, resolutions, contract documents or other matters to be submitted to the council at their regular meeting shall be delivered to the city manager not later than one p.m. on the preceding Wednesday. The city clerk shall prepare the final agenda of all such matter according to the order of the council, the city manager, the city attorney, and each department head not later than seven p.m. on the Friday preceding each council meeting. The final agenda shall be available to the public not later than five p.m. on the day of the meeting and in the council chambers during each meeting. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(1)).

2.04.040 Matters not on agenda.

No matters other than those on the agenda shall be finally acted upon by the council; provided, however, that matters deemed to be emergencies or of an urgent nature by any councilman, the city manager, or the city attorney, with an explanation of the emergency or urgency stated in open council meeting may, with the consent of the majority of the council, be considered and acted upon by the council. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(2)).

2.04.050 Order of business.

At the time and place set, the council shall convene and the agenda items shall be considered in the order established by resolution of the city council, except that, with the majority vote of the council members present, agenda items may be considered out of order. (Ord. 1499 §2, 1993: Ord. 1301 §1, 1987: Ord. 1231 §1, 1984: Ord. 985 §1, 1978: Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(3)).

2.04.060 Call to order.

The mayor or, in his absence, the vice mayor, shall take the chair precisely at the hour designated for the meeting and shall call the council to order. In the absence of the mayor and the vice mayor, and the failure of the mayor to appoint a temporary chairman, the city clerk shall call the council to order, whereupon a temporary chairman shall be elected by the councilmen present. Upon the arrival of the mayor or the vice mayor, the temporary chairman or the vice mayor shall relinquish the chair upon the conclusion of the business immediately before the council. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(4)).

2.04.070 Presiding officer duties.

A. The mayor or, in his absence, the vice mayor, or in their absence the temporary chairman, shall be the presiding officer of the council and shall assume his place and duties as such immediately following his election. He shall preserve strict order and decorum at all meetings of the council, announce its decision on all subjects and decide all questions of order, subject, however, to an appeal to the council as a whole, in which event a majority vote shall govern and conclusively determine such question of order. He shall vote on all questions, his name being called last.

B. The presiding officer shall sign all ordinances and resolutions adopted and contracts approved by the council at meetings at which he is in attendance.

C. The presiding officer shall determine the seating of the council at the council table. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(5)).

2.04.080 Roll call and voting call.

Before proceeding with the business of the council, the city clerk shall call the roll of the councilmen and the names of those present shall be entered in the minutes. Upon a change in the councilmen due to election or appointment, roll call and voting call shall be alphabetical, excepting the presiding officer, who shall be called or shall vote last. Thereafter, the councilmen called first in roll call or voting call during the council meetings held the previous month shall be called just prior to that of the presiding officer. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(6)).

2.04.090 Reading of minutes.

Unless the reading of the minutes of a council meeting is requested by a majority of the city council, such minutes may be approved without reading if the clerk has previously furnished each councilman with a copy thereof. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(7)).

2.04.100 Consent calendar.

Items of a routine noncontroversial nature may be placed in the consent calendar portion of the agenda and shall be acted upon as if all such items were one. Second readings of ordinances, resolutions of support, letters of commendation, etc., may be placed on the consent calendar at the discretion of the city manager or direction of the presiding officer. Any councilman may, by simple request, have a consent calendar item brought before the council for a separate vote. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2 (part), 1966: prior code §2.2(8)).

2.04.110 Rules of debate.

A. Presiding Officer May Debate and Vote. The presiding officer may move, second and debate from the chair subject only to such limitations of debate as are imposed by these rules on all councilmen, and shall not be deprived of any of the rights and privileges of a councilman by reason of his acting as the presiding officer.

B. Getting the Floor – Improper References to be Avoided. Every councilman desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all indecorous language and reference to personalities.

C. Interruptions. A councilman once recognized, shall not be interrupted when speaking unless it is to call him to order, or as otherwise provided in this chapter. If a councilman, 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.

D. 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 side, but may be seconded by any councilman and may be made at any time and have precedence over all other motions, or while a councilman has the floor. It shall be debatable. Nothing in this section shall be construed to prevent any councilman from making a motion to rescind such action at a subsequent meeting of the council. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(9)).

2.04.120 Addressing the council.

Any person desiring to address the council shall first secure the permission of the presiding officer to do so; provided, however, that under the following headings of business, unless the presiding officer rules otherwise, any qualified and interested person shall have the right to address the council upon obtaining recognition by the presiding officer:

A. Public Hearings. Interested persons or their authorized representatives may address the council in regard to matters then under consideration.

B. Oral Communications. Taxpayers or residents of the city, or their authorized legal representatives, may address the council by oral communications on any matter concerning the city’s business or any matter over which the council has control; provided, however, that preference shall be given to those persons who may have notified the city manager in advance of their desire to speak, setting forth the nature of the communication, in order that they may appear on the agenda of the council. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2 (10)).

2.04.130 Manner of addressing council – Time limit.

A. Individuals. Each person addressing the council shall step to the microphone in the front of the council, shall give his name and address in an audible tone of voice for the records, and, unless further time is granted by the presiding officer, shall limit his address to three minutes. All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than a councilman and the person having the floor, shall be permitted to enter into any discussion without the permission of the presiding officer.

B. Spokesman for Group of Persons. When 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 a spokesman be chosen by the group to address the council, and in case additional matters are to be presented at the time by any other member of said group, to limit the number of persons so addressing the council, so as to avoid unnecessary repetition before the council. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(11)).

2.04.140 Addressing the council after motion made.

After a public hearing has been closed and after a motion is made by the council, no person shall address the council without first securing the permission of the council to do so. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(12)).

2.04.150 Silence constitutes affirmative vote.

Unless a councilman states that he is abstaining, silence shall be recorded as an affirmative vote. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(13)).

2.04.160 Decorum.

A. Councilmen. While the council is in session, the councilmen must preserve order and decorum, and no councilman shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the council nor disturb any councilman while speaking, or refuse to obey the orders of the council or of the presiding officer, except as otherwise provided in this chapter.

B. Other Persons. Any person who engages in conduct or speech that delays, interrupts, impedes, or disrupts the orderly conduct of a Council meeting may forthwith, by the presiding officer, be barred from further audience at said meeting before the Council, unless permission to continue is granted by a majority vote of the Council. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(14)).

(Ord. 1853, Amended, 03/26/2013)

2.04.170 Sergeant-at-arms.

The chief of police or his authorized representative shall be ex officio sergeant-at-arms of the council. He shall carry out all orders and instructions given him by the presiding officer for the purpose of maintaining order and decorum in the council chamber. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(15)).

2.04.180 Entering remarks in minutes.

A councilman 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. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(16)).

2.04.190 Council mail processing.

The city manager is authorized to receive and open all mail addressed to the city council or presiding officer and give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring councilman action may be disposed of between council meetings; provided, that all actions taken pursuant to such communications shall be reported to the city council thereafter. Any communications requiring council action will be reported to the city council at its next regular meeting together with a report and recommendation of the city manager. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 60S §2(part), I966: prior code §2.2(17)).

2.04.200 Committees.

From time to time the mayor may, subject to approval of the council, appoint such committees of councilmen, private citizens, or both as he deems desirable and necessary to assist and advise the city council in its work. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(18)).

2.04.210 Representatives to other bodies.

When any member or members of the council are appointed by the mayor to represent the city on county, area, district or state boards, committees or commissions, such appointed member or members shall be the duly authorized representatives and spokesmen for the city council on or before such bodies and no other councilman shall speak in behalf of the city council or hold himself out to represent the city council before such bodies under penalty of public censure by a majority vote of the entire council. Nothing in this section shall prevent a councilman at any council meeting from discussing the comments made or position taken by such appointee. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord: 605 §2(part), 1966: prior code §2.2(19)).

2.04.220 Method of action.

Any action by the Council may be taken by means of an ordinance, resolution, or motion. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(20)).

(Ord. 1853, Amended, 03/26/2013)

2.04.230 Ordinance – Preparation.

All ordinances, except ordinances initiated by the electors of the city under the provisions of the Government Code, shall be prepared in writing by the city attorney. No ordinance shall be prepared for presentation to the council unless ordered by a majority vote of the council or presented by the city manager, or the city attorney. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(21)).

2.04.240 Ordinance – Administrative approval.

All ordinances, except ordinances initiated by the electors of the city under the provisions of the Government Code, resolutions and contract documents, before presentation to the council shall have been approved as to form by the city attorney or his authorized representative, and, where substantive matters of administration are involved, shall have been examined for administration by the city manager or his authorized representative. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(22)).

2.04.250 Ordinance – Introduction.

Ordinances, resolutions, and other matters or subjects requiring action by the council must be introduced by a member of the council, except that the city manager or city attorney may present ordinances, resolutions or other matters or subjects to the council for consideration. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2 (23)).

2.04.260 Ordinance – Reading by title only.

The city clerk shall read an ordinance or resolution by title only unless any member of the council requests that the ordinance or resolution be read in its entirety, in which case the city clerk shall read the ordinance or resolution in its entirety. (Ord. 1393 §1, 1989: Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(24).

2.04.270 Rules of order.

Any matters of Council procedure not covered in this chapter shall be subject to the rules and procedures of Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century. (Ord. 880 §2(part), 1976: Ord. 828 §2(part), 1974: Ord. 605 §2(part), 1966: prior code §2.2(25)).

(Ord. 1853, Amended, 03/26/2013)