Carpinteria Municipal Code Ch. 2.04 City Council

Footnotes:

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For statutory provisions on council meetings, see Gov. Code § 36805 et seq. and § 54950 et seq.; for provisions on the compensation of councilmembers, see Gov. Code § 36514 et seq.

The council shall hold regular meetings at the Carpinteria City Hall, 5775 Carpinteria Avenue, Carpinteria, California, the second and fourth Mondays of every month at five thirty p.m. When the day for any regular meeting of the council falls on a legal holiday, the meeting shall not be held on such holiday, but shall be held at the same hour and place on the next succeeding day thereafter which is not a holiday.

(Ord. 485 § 1, 1993: prior code § 2100(a))

Special meetings may be called by the mayor, the city manager or the majority of the councilmembers by personally delivering, or by mail, written notice to each councilmember and each person who is required to be given notice of the meeting. The call and notice shall specify the time and place of the special meeting and the business to be transacted, and to be in accordance with Section 54956 of the Government Code. No other business shall be considered at such meeting. Such written notice may be dispensed with as provided in Government Code Section 54956.

(Prior code § 2100(b))

The council may from time to time meet in study meetings or sessions, open to the public, at the time and place designated by the mayor or city manager. Notice of the nature of such sessions will be given prior to the council meeting or by the city clerk to those persons or entities required to be given notice. The purpose of such meetings shall be for the hearing of reports of the staff or for reviewing, discussing and debating matters of interest to the city. No official action will be taken at any such study session. Participation of the public at such meetings shall be subject to the discretion of the presiding officer.

(Prior code § 2100(c))

All regular and special meetings and study sessions of the council shall be open to the public; provided, however, the council may hold executive sessions in the manner and form provided by law for such executive sessions. No member of the council, employee of the city, or persons present during executive session of the council shall disclose to any person the content or substance of any confidential discussion which took place during such executive session, unless the council votes to authorize disclosure of such information by a majority vote.

(Prior code § 2102)

Three members of the council shall constitute a quorum for the transaction of business. Motions may be passed by a majority if only three attend, but ordinances, resolutions granting franchises, and payment of money require at least three affirmative votes. Less than a quorum may adjourn from time to time. Where there is no quorum, the mayor, vice-mayor (mayor pro tempore) or any member of the council may adjourn, or if no member of the council is present, the city clerk shall adjourn such meeting. For the purpose of considering any item which is subject to the vote of the council, when a member disqualifies himself due to conflict of interest, his presence shall not be considered in determining the presence of a quorum. If by such disqualification a quorum is not present, consideration of such items shall be deferred until a quorum of noninterested councilmembers are present to discuss and vote on the matter.

(Prior code § 2101)

All reports, ordinances, resolutions, contract documents or other matters to be submitted to the council at a scheduled regular meeting shall be delivered to the city clerk no later than five p.m. on the preceding Wednesday. The city clerk shall prepare the agenda of all such matters according to the order of business and deliver or mail to each councilmember and each department head a complete copy of such agenda not later than six p.m. on the Friday preceding the meeting. The agenda shall be available to the public in the office of the city clerk at twelve noon on the Friday preceding the meeting. The provisions of this section shall be directory and not mandatory.

(Prior code § 2103)

All regular meetings of the council business shall take up for consideration and disposition matters in substantially the following order, except as may otherwise be ordered by the presiding officer or council:

A. Call to order;

B. Roll call;

C. Flag salute;

D. Introductions, proclamations, presentations;

E. Consent calendar;

F. Presentations by citizens;

G. Public hearings;

H. Consideration of any items removed from consent calendar and/or other agenda items requested to be advanced;

I. Matters continued from previous meetings;

J. Other business;

K. Reports:

1. Planning commission,

2. Community services commission,

3. City attorney,

4. City manager;

L. Matters presented by councilmembers; and

M. Adjournment.

The provisions of this section shall be directory and not mandatory.

(Prior code § 2104)

Actions recommended by the staff or the mayor to be listed in a consent calendar shall be listed in a summary form and be part of the item. Whenever an ordinance or resolution appears on the consent calendar, failure to remove such ordinance or resolution from the consent calendar shall be deemed to be approval and an affirmative vote that such ordinance or resolution shall be read by title only. Removal of an ordinance or resolution from the consent calendar without specifically requesting that the same be read in full shall be deemed to leave such ordinance or resolution on the consent calendar for approval of reading the same by title only, and approval of the consent calendar by unanimous vote shall mean that such ordinance or resolution as contained thereon shall be read by title only.

(Prior code § 2105 (part))

Whenever an ordinance appears for first reading on the consent calendar and the consent calendar shall be approved by unanimous vote, such ordinance shall be deemed to have been approved and passed for second reading, as read by title only.

(Prior code § 2105 (part))

Whenever a resolution appears on the consent calendar, and the consent calendar approved, such resolution shall be deemed approved as read by title only. Whenever an ordinance appears for second reading and adoption on the consent calendar, and the consent calendar is unanimously approved, such ordinance shall be deemed to have been unanimously adopted by vote of the council, as read by title only.

(Prior code § 2105 (part))

The city clerk, prior to the vote on the consent calendar, shall read by title each and every resolution and ordinance on the consent calendar which has not been requested to be read in full, or which has not been dropped from the entire agenda.

(Prior code § 2105 (part))

The adoption of the consent calendar may be made in one motion by the council; provided, however, that any councilmember may request that the council defer action on any matter or matters on the consent calendar and place them on the regular agenda. In such event, the presiding officer shall order that such matter (except for reading by title only as set forth in Sections 2.04.080 through 2.04.110, unless a reading in full is specifically requested) be removed from the consent calendar and be placed for consideration under Part 8 as set forth in subsection H of Section 2.04.070 of the agenda.

(Prior code § 2105 (part))

Adoption of the consent calendar and approval of the same shall constitute an affirmative vote for each and every item contained thereon.

(Prior code § 2105 (part))

Whenever the consent calendar contains any item authorizing the payment of money, entry into a franchise or the adoption or first reading of an ordinance then, in such event, the consent calendar shall be adopted only by roll call.

(Prior code § 2105 (part))

The mayor, or in his absence, the vice-mayor (mayor pro tempore) shall take the chair at the hour appointed for the meeting and shall call the council to order. In the absence of the mayor and the vice-mayor, the city clerk or his assistant shall call the council to order, whereupon a temporary chairman shall be selected by the councilmembers present. Upon the arrival of the mayor or the vice-mayor, as the case may be, the person who is then presiding shall relinquish the chair at the conclusion of the business then before the council.

(Prior code § 2106)

The presiding officer shall assume his place and duties, as such, immediately following his election. He shall preserve strict order and decorum at all council meetings, state questions coming before the council, announce its decision on all subjects and decide all questions of order; subject, however, to appeal by a councilmember to the council as a whole, in which event the majority shall govern and conclusively determine such questions of order. He may vote on all questions and on roll call his name should be called last. The mayor shall sign all ordinances and resolutions adopted and contracts approved by the council at meetings at which he is in attendance. In the event of his absence, the vice-mayor shall sign such documents as have been adopted and approved by the council at such meetings. In the absence of the mayor and the vice-mayor, the temporary chairman shall sign such documents as have been adopted and approved at the meeting at which he presided. The presiding officer controls public debate so that repetitive or irrelevant statements are not made, so that where public participation is in order everyone will have a chance to speak before other persons have a second chance to speak, to expedite business at hand and to prevent council meetings from being used as a forum for libel, slander or otherwise defamation of persons, under the cloak of the "public privilege."

(Prior code § 2107)

Before proceeding with the business of the council, the city clerk shall call the roll of the members and the names of those present shall be entered in the minutes.

(Prior code § 2108)

Every councilmember desiring to speak shall first address the chair and gain recognition by the presiding officer. Such member shall confine himself to the question under debate, avoiding reference to character and indecorous language. Every councilmember desiring to question the city staff shall, after recognition by the presiding officer, address his questions to the city manager or city attorney, who shall then be entitled to answer either for himself or designate a member of the staff for that purpose.

(Prior code § 2109)

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.

(Prior code § 2110 (part))

A councilmember, once recognized, shall not be interrupted while speaking, unless called to order by the presiding officer, or 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 shall cease speaking until the question of order is determined and, if determined to be in order, he may proceed. A councilmember, when speaking, shall speak to the subject matter of the item on the floor, and shall keep his remarks to a reasonable length. If a councilmember fails to do so, he may be called to order by a point of order.

(Prior code § 2110 (part))

Members of the council must observe order and decorum and shall not, by conversation or otherwise, delay or interrupt the proceedings of the council or in any way make or disturb any other member of the council while speaking, or refuse to obey the orders of the council or the presiding officer, except as in this chapter otherwise provided.

(Prior code § 2111)

No person shall be entitled to make an oral presentation to the council under "presentations by citizens" or at any other time or place who has not been recognized by the presiding officer.

(Prior code § 2112)

The purpose of oral presentations at council meetings, as well as written presentations, is to hear the public expression thereon and to assist the council by advising the council of facts and circumstances not otherwise known to it. The council considers that such presentations are helpful to it in arriving at its decisions. However, except where a public hearing is held or special circumstances require audience, the right to speak before the council is not a matter of right and the same may be controlled or precluded by the council. Normally, the council welcomes information and expressions of opinion from members of the public on any item which it may be considering. However, from time to time, members of the public have used the council meeting to attempt to attack and unjustly defame persons, and to use the council meetings as a public forum for publicity and defamation purposes. The council is not required to provide a public forum for such purposes. For these reasons, the provisions of Sections 2.04.240 through 2.04.270 shall apply to oral presentations.

(Prior code § 2113 (part))

A. The presiding officer or council may bar from further audience before the council at that meeting any person who:

1. Makes any personal, impertinent or defamatory remarks;

2. Becomes boisterous or disruptive while addressing the council;

3. Speaks without being recognized by the presiding officer; or

4. Violates any rules of order established by this chapter or the council.

B. The ruling of the presiding officer to bar from further audience at that meeting shall be final and conclusive, subject only to the right of appeal by any councilmember to the entire council, as provided by Section 2.04.160 of this chapter.

(Prior code § 2113(a))

It is unlawful for any person to engage in disorderly conduct, such as handclapping, stamping of feet, whistling, using profane language, yelling or similar demonstration, which conduct disturbs the peace and good order of the meeting. At the request of the presiding officer or the council, the sergeant-at-arms shall remove any such person from the council chambers or place such person under arrest, or both.

(Ord. 378 § 1 (part), 1985: prior code § 2113(b))

It is unlawful for any person to refuse to comply with the lawful orders of the presiding officer. At the request of the presiding officer or the council, the sergeant-at-arms shall remove such person from the council chambers or place such person under arrest, or both.

(Ord. 378 § 1 (part), 1985: prior code § 2113(c))

In the event that the council takes the actions specified in Sections 2.04.240 through 2.04.260, such actions may be taken by a motion adopted by the council.

(Prior code § 2113(d))

The chief of police, or in his absence, members of the police department of the city, as may be designated by the presiding officer shall attend each council meeting and shall be designated as sergeant-at-arms of the council and shall carry out all orders by the presiding officer for the purpose of maintaining order at the council meeting. In the absence of the chief of police or any member of the police department, the presiding officer may designate any person to act as sergeant-at-arms. Any councilmember may move to require the presiding officer to enforce rules and an affirmative vote of the majority of the council shall require him to do so.

(Prior code § 2117)

In order to expedite matters and avoid repetitious presentations, whenever a group of persons wish to address the council on the same subject matter, it shall be proper for the presiding officer to inquire whether or not the group has a spokesman and, if so, that he be heard with the speakers from the group following such spokesman, to be limited to facts not presented by the group spokesman.

(Prior code § 2114)

A. Each person desiring to address the council shall fill out a speaker slip, although not a requirement to provide public comment, and approach the podium, identify him- or herself for the record if desired, and state the subject which he wishes to discuss (unless he is speaking to an agenda item). Unless further time is granted by the presiding officer or majority of the council, the speaker shall limit his remarks to three minutes, and shall confine his remarks to the subject matter which he has previously stated or which is pending before the council. To efficiently manage the time available for the conduct of city business, the presiding officer may limit each speaker to a lesser amount of time to speak.

B. No person shall address the council unless he has been first recognized by the presiding officer.

C. Under agenda item F as specified in Section 2.04.070, a person speaking may be required to limit his total time as to all subjects to an aggregate of three minutes.

D. All remarks shall be made to the council as a whole, and not to any member thereof. No questions shall be asked of the councilmember or members of the city staff without first obtaining permission of the presiding officer. Any person violating this section while addressing the council shall be called to order by the presiding officer.

(Prior code § 2115)

(Ord. No. 792, § 2, 5-12-2025)

Interested parties or their authorized representatives may address the council by written communication in regard to the subject matter then under discussion.

(Prior code § 2116)

The right of a councilmember to address the council on a question of personal privilege shall be limited to cases in which the welfare of the council is concerned. A councilmember raising the point of personal privilege may interrupt another councilmember who has the floor only if the presiding officer recognizes the privilege.

(Prior code § 2118)

(Ord. No. 792, § 2, 5-12-2025)

The presiding officer shall determine all points of order subject to the right of any councilmember who requests full council ruling on the question. Points of order shall be limited to cases in which a councilmember's integrity, character or motives are questioned, or anything not considered appropriate conduct for the meeting.

(Prior code § 2119)

(Ord. No. 792, § 2, 5-12-2025)

The presiding officer shall have the privilege of closing debate, subject to council majority voting the debate should be continued.

(Prior code § 2120)

(Ord. No. 792, § 2, 5-12-2025)

If a matter contains two or more divisible propositions, the mayor may, and upon request of a councilmember, shall, unless appealed, divide the same.

(Prior code § 2121)

A. The passage of every motion shall be by voice vote or roll call and entered in full upon the record. All ordinances, resolutions granting franchise, resolutions and orders for the payment of money shall be by roll call vote. Any member of the council may demand a roll call vote on any matter before the council before the motion has been put. It shall not be in order for any councilmember to explain their vote during the roll call.

B. A vote of the council, including roll call, shall be registered by members by voting "aye" for affirmance or "nay" or "no" for negative vote, upon his name being called by the city clerk. The results of any vote shall be audibly announced by the city clerk and recorded in the minutes of the meetings as the vote.

C. Every member should vote unless disqualified for cause, but no councilmember shall be forced to vote.

(Prior code § 2122)

After the roll call has been completed but before the result of the vote is announced, a member may change his vote. A member may not change his vote after the vote has been announced unless a majority consent is obtained.

(Prior code § 2123)

A councilmember who is silent or inattentive or fails to vote without stating his abstention, or without being disqualified, shall be deemed to have cast a "yes" vote. Tie votes shall be lost motions and result in no action on the matter voted upon.

(Prior code § 2124 (part))

A councilmember who is disqualified by reason of conflict of interest shall be recorded as "absent" and a councilmember who states he is abstaining shall be recorded as "not voting."

(Prior code § 2124 (part))

A councilmember may request of the presiding officer privilege of having 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.

(Prior code § 2125)

Any councilmember shall have the right to have the reasons for his dissent or his protest to any action before the council entered in the minutes. Such dissent or protest shall be entered in the minutes and shall be made in substantially the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons …"

(Prior code § 2126)

A motion to reconsider any action taken by the council may be made only at the meeting when such action was taken. It may be made either immediately during the same session, or a recessed or adjourned session thereof. Such a motion to reconsider shall be made only by one of the councilmembers who voted with the prevailing side. Nothing in this chapter shall be construed to prevent any councilmember from making or remaking the same or another motion at a subsequent meeting of the council.

(Prior code § 2127)

In the event that any matter comes before the council requiring preliminary action to be taken, such as public hearings, or recommendation of the planning commission, three negative votes against the adoption of such action shall be deemed to be rejection of the proposed matter or item, unless the same is reconsidered or further affirmative action on the matter or item is taken at the same meeting of the council. In the event of such rejection, further consideration of the same matter or item shall require that such preliminary steps be repeated prior to taking further action on the matter or item.

(Prior code § 2128 (part))

Whenever a matter comes before the council requiring preliminary steps, such as public hearings, recommendations of the planning commission, etc., and a motion to approve the same is not approved, but only two or less votes are recorded against such approval, that matter, unless reconsidered or other affirmative action is taken at the same meeting, shall be taken up at the next regular meeting. If that matter then fails to pass at the next regular meeting, irrespective of the number of votes against the same, it shall be as if the matter were rejected, as set forth in Section 2.04.430.

(Prior code § 2128 (part))

Insofar as practicable, the business of the council shall be conducted substantially in the order and the manner provided in this chapter; provided, however, that the failure to observe or enforce such procedural rules shall in no manner affect the regularity, validity or legality of any action or proceeding taken by the council. The council, in its discretion, reserves its right to govern its own proceedings.

(Prior code § 2129)

Unless otherwise waived by unanimous consent of the council, as provided by Sections 2.04.100 through 2.04.140, the consent to read by title only by unanimous consent by the council, may be expressed by the statement of the presiding officer, in effect stating in substance: "If there is no objection, the further reading of the ordinance or resolution shall be waived." Unless a member so requests otherwise, consent to reading by title only shall be deemed to have been unanimously consented to by the council.

(Prior code § 2130)

The 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 by the rules set forth in this chapter, imposed on all councilmembers, and shall not be deprived of any of the rights and privileges of a councilmember by reason of his acting as the presiding officer.

(Prior code § 2131(a))

Except as otherwise provided in this chapter or provided by law, the most current version of Rosenberg's Rules of Order shall govern the conduct of all meetings of the council.

(Prior code § 2131(b))

(Ord. No. 792, § 2, 5-12-2025)

In the event of the use of informal procedures by the council or the failure of the council to act strictly in accordance with Rosenberg's Rules of Order, such rules shall be deemed waived by all councilmembers, unless a councilmember expresses his objections at the time when such matter is pending.

(Prior code § 2131(c))

(Ord. No. 792, § 2, 5-12-2025)

The presiding officer may at any time, by a majority consent of the councilmembers, permit a member to introduce an ordinance, matter, resolution or motion out of the regular agenda order.

(Prior code § 2131(d))

Editor's note— Ord. No. 792, § 2, adopted May 12, 2025, repealed § 2.04.510, which pertained to table of rules and derived from Prior code § 2131(e).

After the presiding officer or city clerk has announced that the time has arrived for the public hearing on any scheduled item set for public hearing, and any staff reports presented on the same, the presiding officer shall ascertain whether anyone wishes to be heard on the agenda item under consideration.

(Prior code § 2132)

During the public hearing the council shall receive all oral and written evidence relative to the matter being considered. Evidence received at the public hearings provided for in this chapter shall be relevant and material to the issues before the council; provided, however, the rules of evidence established by the Evidence Code of the state shall be substantially relaxed in order to afford full presentation of facts essential for judicious consideration of the council on the matter which is the subject of the public hearing.

(Prior code § 2133)

At any time it appears to the presiding officer or the majority of the council, through the presiding officer, that inadequate evidence has been presented to afford judicious consideration of any matter before the council at any time of a public hearing, continuation of such hearing may be ordered to afford the applicant, his opponents or the city staff adequate time to assemble additional evidence for the council's consideration. Any continuation ordered by the council through the presiding officer shall be to a date certain, which date shall be publicly announced in the council chambers and shall constitute notice to the applicant and his opponents at the time and place that such further evidence shall be taken. A public hearing may be continued in the event the matter is to be returned to the planning commission for further consideration. In such event, the presiding officer shall publicly state in open council meeting the fact that the matter has been returned to the planning commission for further consideration and that council hearing will be continued to a date certain. Public announcements provided for in this chapter, shall constitute notice to the applicant and his opponents as to the time and place for further evidence to be taken by the council.

(Prior code § 2134)

When neither the applicant nor his opponents nor the city staff have further evidence to produce, or when in the opinion of the presiding officer or the majority of the council through the presiding officer, sufficient evidence has been presented, the presiding officer shall order the public hearing closed, at which time no further written or oral evidence shall be accepted by the council; provided, however, that this rule may be relaxed by the presiding officer or the majority of the council through the presiding officer when it appears that good cause exists to hear further evidence concerning the matter which is the subject of the public hearing, but in such case no such further evidence shall be received without given due and proper notice to all persons concerned.

(Prior code § 2135)

A public hearing on any matter, once closed, cannot be reopened on the date set for hearing. Nothing in this chapter, however, is intended to prevent or prohibit the reopening of public hearing at any subsequent, regular or special meeting of the council. No public hearing may be reopened without the same notice as required for the original public hearing and due and proper notice being given to any applicants and to persons who have spoken on the subject at the previously closed public hearing, designating the time and place of such reopening.

(Prior code § 2136)

The presiding officer may require any person addressing the council to be sworn as a witness and testify under oath, and the presiding officer shall so require if directed to do so by a majority of the council.

(Prior code § 2137)

The official minutes of the city council will be kept by the city clerk in the Minute Book, with the record of each particular type of business transacted set off in the paragraph with the proper subheads. The clerk shall be required to make a record only of such business actually passed upon by the council, and it shall not be required to record the remarks of any member of the council or any other person, except as specifically provided by this chapter. Identification of persons addressing the council (where provided), the title of the subject matter to which their remarks are relating and whether they spoke in support or opposition of the matter shall be entered in the minutes. The provisions of this section shall be directory and not mandatory.

(Prior code § 2138)

(Ord. No. 792, § 2, 5-12-2025)

An ordinance is necessary to amend or repeal an ordinance, to impose criminal sanctions, or as required by statute.

(Prior code § 2139)

The council shall have the discretionary right to make investigations and hold hearings with respect to all matters within its legislative power and all matters pertaining to the administration of the business of the city, and shall have the power of subpoena as provided in Sections 37104 through 37109 of the Government Code of the state of California. The council may order the clerk and the chief of police or his representative to issue subpoenas for any witnesses or records necessary for the production of evidence at any duly scheduled meeting of the council.

(Prior code § 2140)

Editor's note— Ord. No. 646, § 4, adopted February 14, 2011, repealed § 2.04.610, which pertained to smoking at meetings prohibited—exception and derived from prior code § 2142.

Each councilmember shall be paid during his or her incumbency at the rate of nine hundred fifty dollars per month; provided, however, that any increase in compensation shall only be effective on the date of certification of a general municipal election at which time an elected councilmember takes office pursuant to Government Code Section 36516.5.

(Ord. 462 § 1, 1990: Ord. 438 § 2, 1988: Ord. 432 § 2, 1988: Ord. 400 § 2, 1986: Ord. 357 § 1, 1984: Ord. 286 § 1, 1980: Ord. 218 § 1, 1979: prior code § 2141)

(Ord. No. 783, § 2, 6-24-2024)

The legislative power of the city always has been, is, and shall remain vested solely in the council. Except as otherwise provided by statute, said legislative power has not been, is not, and shall not be delegable to any other entity, body, department or person. Except as otherwise provided by statute, no action by the city council as it may be constituted from time to time, can lawfully restrict, limit, command, compel or otherwise control, directly or indirectly, the future legislative power of the same or any other city council as it may be constituted from time to time in the future. Except as otherwise provided by statute, any acknowledgment, promise, commitment, memorandum, agreement or contract of any kind by the city council or by any predecessor of the city or the city council, purporting, directly or indirectly, to procure any legislative act by the council or to restrict, limit, command, compel or otherwise control any legislation or any provision, part or portion of any legislative act by the city council always has been, is and shall continue to be contrary to the public policy of the city and absolutely void for any purpose.

(Ord. 491 § 1 (part), 1993)

Except as specifically and expressly set forth in an ordinance duly adopted by the council, the final decision making and policy making power of the city always has been, is and shall remain nondelegable to any city official or employee or any other person and vested solely in the council, whose policy making and decision making actions are, always have been and shall continue to be taken by duly adopted motion, resolution or ordinance at a duly noticed meeting of the council and in no other manner.

(Ord. 491 § 1 (part), 1993)