Clayton Municipal Code Ch. 2.04 Council Meetings

Footnotes:

--- (1) ---

State Law reference— For statutory provisions on city council meeting, see Gov. Code Sec. 36801 et seq. and 54950 et seq.

The regular meetings of the City Council shall be held on the first and third Tuesdays of each and every month beginning at 6:00 p.m. in the meeting room of the Clayton Community Library situated at 6125 Clayton Road, Clayton, California. Whenever the Tuesday set for a regular meeting shall be a legal holiday, then said meeting shall be held on the next following day at the same time and place. The regular 6:00 p.m. starting time of a council meeting can be varied by the City Manager with the concurrence of the Mayor to commence earlier or later (but in no event past 7:00 p.m.) depending upon the volume of business for the council to consider at any given meeting, provided the City Clerk gives appropriate prior written notice of the adjusted starting time to the press and public.

(Ord. 317, 1995; Ord. 340, § 1, 1998)

A. The city clerk shall prepare an agenda of the council proceedings which agenda shall be prepared in accordance with the order of business and shall furnish each member of the council, the mayor, chief of police, city treasurer, city attorney and newspapers requesting copies of the agenda with a copy of the same prior to the council meeting, but not later than on the Monday preceding each meeting. The city clerk shall close the agenda on Wednesday of the week preceding each council meeting.

B. The City Council may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item, the City Council shall publicly identify the item. (Gov't Code Section 54954.2)

1. Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Gov't Code Section 54956.5;

2. Upon a determination by a two-thirds vote of the legislative body, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted;

3. The item was posted at least seventy-two (72) hours before the regular meeting for a prior meeting of the legislative body occurring not more than five (5) calendar days prior to the date action is taken on the item, as at the prior meeting the item was continued to the meeting at which action is being taken.

(Ord. 21 § 1 1964; Ord. 189 § 1, 1978; Ord. 325, 1996)

The presiding officer of the council 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 of the council shall govern and conclusively determine such question of order. Council may adopt by resolution other duties of the Presiding Officer.

(Ord. 21 § 2, 1964; Ord. 336, 1998)

The mayor, or in his absence, the mayor pro tem, shall take the chair at the hour appointed for the meeting, and shall immediately call the council to order. In the absence of the mayor and mayor pro tem, the city clerk shall call the council to order, where upon a temporary chairman shall be elected by the members of the council present. Upon the arrival of the mayor or mayor pro tem, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the council.

(Ord. 21 § 3, 1964)

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.

(Ord. 21 § 4, 1964)

A majority of the council constitutes a quorum for transaction of business. Less than a quorum may adjourn from time to time. When there is no quorum, the mayor, mayor pro tem, or any councilman shall adjourn such meeting, or if no councilman is present the city clerk shall adjourn the meeting.

(Ord. 21 § 5, 1964)

All meetings of the council shall be open to the public. The business of the council shall be taken up for consideration and disposition as set forth by duly adopted resolution of the City Council.

(Res. 65-92; Ord. 21 § 6, 1964; Ord. 134 § 2, 1974; Ord. 150 § 1, 1975; Ord. 189 § 2, 1978; Ord. 232 § 1, 1986; Ord. 340, § 2, 1998; Ord. 492, § 2, 2021)

Minutes of each council meeting shall be prepared by the Clerk and distributed to each council person before the next regular council meeting. Any council person may upon request have the minutes or any portion thereof read at a council meeting.

(Ord. 340, § 3, 1998)

Roberts Rules of Order, the most recent revision, will govern, unless Council, by resolution, adopts exceptions.

(Ord. 336, 1998)

Any person desiring to address the council shall first secure the permission of the presiding officer to do so; provided, however, that under the headings of business listed in Section 2.04.110 through 2.04.130, 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.

(Ord. 21 § 9(part), 1964)

Interested parties may address the council by written communications in regard to matters then under discussion.

(Ord. 21 § 9(1), 1964)

Taxpayers or residents of the City or their authorized legal representatives may address the council during the public comment period on any items within the council's jurisdiction which are not on the agenda, and at the appropriate time on the agenda regarding matters scheduled thereon for consideration by the council.

(Ord. 340, § 4, 1998)

Interested persons or their authorized representatives may address the council by reading protests, petitions, or communications relating to zoning, sewer and street proceedings, hearings on protests, appeals and petitions, or similar matters then under consideration.

(Ord. 21, § 9(3), 1964)

The Council may adopt by resolution procedures for members of the Public to address the City Council.

(Ord. 336, 1998)

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 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 repetitions before the council.

(Ord. 21, § 10(b), 1964)

Each person addressing the council shall rise and give his name and address in an audible tone of voice for the records. All remarks shall be addressed to the council as 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 councilman or a member of the administrative or legal staff present, except through the presiding officer.

(Ord. 21, § 10(c), 1964)

A. By Council Members. While the council is in session, the members must 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 refuse to obey the orders of the council or the presiding officer, except as otherwise herein provided.

B. By Persons. Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the council shall be forthwith, by the presiding officer, barred from further audience before the council, unless permission to continue be granted by a majority vote of the council.

(Ord. 21, § 11, 1964).

Any member at his request shall have the right to have the reasons for his dissent from, or protest against, any action of the council entered on the minutes.

(Ord. 21, § 12, 1964).

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 any member of the council, or the presiding officer, or prepared by the city attorney on his own initiative.

(Ord. 21, § 13(a), 1964)

All ordinances, resolutions and contract documents shall, before presentation to the council, have been approved as to form and legality by the city attorney or his authorized representative.

(Ord. 21, § 13(b)

Ordinances, resolutions, and other matters or subjects requiring action by the council must be introduced and sponsored by a member of the council, except that the mayor, city manager, or city attorney may present ordinances, resolutions and other matters or subjects to the council, and any councilman may assume sponsorship thereof by moving that such ordinances, resolutions, matters or subjects be adopted; otherwise they shall not be considered.

(Ord. 21, § 13(c), 1964; Ord. 340, § 5, 1998)

Ordinances, where required by law, and resolutions granting franchises shall be read in full prior to introduction except when further reading is waived by regular motion adopted by majority vote of the councilmen present after the reading of the title and explanation of such proposed ordinances or resolutions by city attorney or other city official or councilman presenting same. This provision shall not apply to urgency ordinances which shall be read in full.

(Ord. 21, § 13(d), 1964; Ord. 340, § 6, 1998)

The vote on all ordinances and resolutions and orders for the payment of money as well as other council votes will be entered in the minutes of the council meeting showing those council persons voting aye, those voting no, and those not voting or absent. Upon request of any council person a roll call vote shall be taken and recorded for any vote.

(Ord. 340, § 7, 1998)