Costa Mesa Municipal Code Ch. III City Council Meetings and Procedures

(a) The purpose of this chapter is to provide a guide for the city council and its staff for the conduct of business and for the preparations of agenda and minutes for city council meetings.

(b) The procedural provisions regarding the conducting of council meetings and the regulations regarding the conduct of persons at those meetings set forth in this Chapter III shall also apply to meetings of the Costa Mesa Redevelopment Agency and Planning Commission; provided, however, either of said bodies may modify the procedural provisions.

(Code 1960, § 2200; Ord. No. 63-34, 8-19-63; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 85-26, § 2, 10-21-85)

The city council shall hold regular meetings in council chambers of the city hall, 77 Fair Drive, Costa Mesa, or such other place as designated by the city council. The dates and times will be set by council resolution. If by reason of fire, flood or other emergency it shall be unsafe to meet in the city hall, the meetings may be held for the duration of the emergency at such other places as are designated by the mayor, or, if he should fail to act, by three members of the city council. When the day for any regular meetings falls on a holiday, Christmas Eve or New Year's Eve, such meetings shall be held at the same hour and place on the next succeeding day not a holiday or such other time as designated by the city council.

(Code 1960, § 2201; Ord. No. 72-38, § 2 10-16-72; Ord. No. 74-31, § 2, 5-20-74; Ord. No. 75-44, § 2, 9-16-75; Ord. No. 89-9, § 2, 4-17-89)

Special meetings may be called at any time by the mayor or majority of councilmen by delivering personally or by mail written notice to each councilman and to each person or entity having filed written request for notice of meetings. 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. Such written notice may be dispensed with as to any councilman who at or prior to the time the meeting convenes files with the city clerk a written waiver of notice, which waiver may be given by telegram. Such written notice may also be dispensed with as to any councilman who is actually present at the meeting at the time it convenes.

(Code 1960, § 2202; Ord. No. 72-38, § 2, 10-16-72)

(a) The city council shall hold regular study session meetings in the first floor conference room (1A) of the city hall to hear reports from the staff and to review, discuss, and debate matters of interest to the city, except that such sessions may be cancelled by the city manager, with the concurrence of the city council, if not needed. The dates and times of these study sessions will be set by city council resolution. A regular study session meeting shall also be held in the first floor conference room (1A) one hour preceding the regular city council meeting for the purpose of receiving and reviewing any additional communications and materials submitted, after the agenda was completed and distributed, relative to items on the agenda for that evening's meeting. The mayor may also designate additional study sessions from time to time, notice to be given in the same manner as for special meetings of the city council.

(b) No official action shall be taken at a study session. The verbal participation of the public in study sessions will be governed by rules set by council resolution.

(Code 1962, § 2203; Ord. No. 63-34, 8-19-63; Ord. No. 70-26, 7-6-70; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 85-26, § 2, 10-21-85; Ord. No. 89-9, § 2, 4-17-89; Ord. No. 02-17, § 1, 8-19-02)

(a) All regular and special meetings and study sessions of the city council shall be open to the public; provided, however, the city council may from time to time adjourn from any such meeting or session into closed session to consider matters authorized in Title 5, Division 2, Part 1, Chapter 9, Sections 54950 through and including 54961 of the Government Code ("The Brown Act").

(b) It is unlawful for any member of the city council, or any employee of the city or any other person present during a closed session to disclose to any person the content or substance of any discussion which took place during such closed session on any matter legally authorized to be heard in closed session, unless the city council has authorized the disclosure of such information by majority vote.

(Code 1960, § 2204; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 73-3, § 2, 2-20-73; Ord. No. 85-26, § 2, 10-21-85)

In order to facilitate the orderly conduct of the business of the council, the city clerk shall be provided with all staff reports by the deadline set forth in the city's administrative regulation established by the city manager. To the maximum extent possible, all attachment documents, ordinances, resolutions, contracts or other matters shall be in proper form for city council action at the time they are submitted to the city clerk. The city clerk shall prepare an agenda listing such matters according to the order of business and shall furnish each member of the city council, the city manager, city attorney, and each department director with a copy of the agenda prior to the council meeting, and as far in advance of the meeting as time will permit. The city manager, at his discretion, may approve an amendment to the agenda pursuant to the guidelines established by the city's administration regulations, but by no later than the public posting of the agenda as required by the Brown Act (California Government Code Sections 54950 et seq.). In accordance with California Government Code section 549.54.2, the city council may take action on an item not listed on the agenda if it makes findings required by Government Code section 54954.2.

(Code 1960, § 2205; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 85-26, § 2, 10-21-85; Ord. No. 02-17, § 2, 8-19-02)

Items which have been reviewed by the council and its staff and have been made available to the public and to any person or entity having filed written request for notice of meetings shall be grouped together and listed under the consent calendar. Actions recommended by the staff shall be in summary form and be a part of that item. Adoption of the consent calendar may be made by one motion only by the council; provided, however, that the presiding officer should first advise the audience that the consent calendar matters will be adopted in total by one action of council unless any council member or any individual or organization interested in one or more consent calendar items wishes to be heard. In that event, the presiding officer may defer action on the particular matter(s) for discussion later during the meeting at the end of the agenda item for new business.

(Code 1960, § 2206; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 87-29, § 2, 12-7-87)

Correspondence other than that marked personal and/or confidential addressed to the city council that is received by the city clerk or any other officer or employee of the city shall be a matter of public record when received. Correspondence shall not be read aloud at a council meeting unless requested by majority vote of the council.

(Code 1960, § 2207; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 73-4, § 2, 2-20-73; Ord. No. 02-17, § 3, 8-19-02)

The city manager's office is authorized to open and examine all mail or other written communications addressed to the city council, except correspondence marked "personal" or "confidential," and to give it warranted attention to the end that all administrative business referred to in said communications and not requiring council action may be acted upon between council meetings. The city manager's office and the city clerk's office shall coordinate mail received by the city clerk's office in order to effectively accomplish the purposes of this section.

(Code 1960, § 2208; Ord. No. 72-38, § 2, 10-16-72)

At the day and hour set for each regular meeting, each member of the city council, the city manager, the city clerk and a deputy, the city attorney, and such department heads or others as have been requested to be present by the city manager shall take their regular stations in the council chambers. Subject to the provisions of section 2-59, the business of the council is to be conducted in substantially the order and in the manner as set forth in this chapter, and the parliamentary rules of Roberts Rules of Order (revised) will be used as a guide only, unless a majority of the council votes to abide strictly by such rules for a particular meeting.

(Code 1960, § 2209; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 85-26, § 2, 10-21-85)

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. Where there is no quorum, the mayor, mayor pro tempore, or any member of the council or the city clerk if no member of the council is present, shall adjourn such meeting and the city clerk shall post written notice on the door of the council chambers stating the time and date to which the meeting is adjourned. For the purpose of considering any item subject to vote of the council, when a member of the council disqualifies himself because of a conflict of interest, his presence shall not be considered in determining the presence of a quorum. Consideration of such item shall be deferred until a quorum of disinterested council members is present to discuss and vote on the item, if disqualification reduces those in attendance to less than a quorum.

(Code 1960, § 2210; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 85-26, § 2, 10-21-85; Ord. No. 03-10, § 2, 11-3-03)

The order of business at council meetings will be as established by separate resolution of the Council.

(Code 1960, § 2211; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 77-23, § 2, 6-6-77; Ord. No. 85-26, § 2, 10-21-85; Ord. No. 87-29, § 2, 12-7-87; Ord. No. 89-9, § 2, 4-17-89)

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 council present to serve until the arrival of the mayor or mayor pro tempore or unit adjournment. From time to time, the mayor may designate another council member to be presiding officer for a particular meeting, unless opposed by a majority of the council.

(Code 1960, § 2212; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 85-26, § 2, 10-21-85; Ord. No. 03-10, § 2, 11-3-03)

The presiding officer shall assume his place and duties immediately following his election. He shall preserve order at all meetings, have the power to reasonably limit the time of any citizen speaking from the floor, state questions coming before the council, announce its decision on all subjects and decide all questions of order; subject, however, to majority vote of the council determining questions of order. He shall vote on all motions. The mayor shall sign all ordinances and other documents adopted and approved by the council at meetings at which he is in attendance. In the event of his absence, the mayor pro tempore shall sign such documents as have been adopted and approved by the council.

(Code 1960, § 2213; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 03-10, § 2, 11-3-03)

Every councilman desiring to speak shall first address the chair, gain recognition by the presiding officer, and shall confine himself to the question under debate, avoiding reference to character and indecorous language.

(Code 1960, § 2214; Ord. No. 72-38, § 2, 10-16-72)

A councilman, once recognized, shall not be interrupted when speaking unless called to order by the presiding officer, or unless a point of order or personal privilege is raised by another councilman, or unless the speaker chooses to yield to a question by another councilman. If a councilman, 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. 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.

(Code 1960, § 2216; Ord. No. 72-38, § 2, 10-16-72)

The presiding officer shall determine all points of order subject to the right of any councilman to request full council ruling, and the question shall be, "Shall the decision of the presiding officer be sustained?" A majority vote shall conclusively determine such question of order.

(Code 1960, § 2217; Ord. No. 72-38, § 2, 10-16-72)

The right of a councilman to address the council on a question of personal privilege shall be limited to cases in which his integrity, character or motives are questioned or where the welfare of the council is concerned. A councilman raising a point of personal privilege may interrupt another councilman who has the floor only if the presiding officer recognizes the privilege.

(Code 1960, § 2218; Ord. No. 72-38, § 2, 10-16-72)

The councilman moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate, subject to a council majority ruling that debate should continue.

(Code 1960, § 2219; Ord. No. 72-38, § 2, 10-16-72)

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.

(Code 1960, § 2220; Ord. No. 72-38, § 2, 10-16-72)

Any councilman shall have the right to have the reasons for his dissent from or his 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 substantially the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons:…"

(Code 1960, § 2221; Ord. No. 72-38, § 2, 10-16-72)

The rules set forth in this chapter are to expedite the transaction of the council's business in an orderly fashion and deemed to be procedural guidelines only; the failure to observe or enforce such rules shall in no manner affect the jurisdiction of the council or the regularity, validity, legality, or effectiveness of any proceeding or action taken by the council that is otherwise in conformity with general law. The council expressly reserves it discretion to conduct its own proceedings otherwise than as provided in this chapter.

(Code 1960, § 2222; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 85-26, § 2, 10-21-85)

(a) Members of the council shall preserve order and decorum during a meeting.

(b) It is unlawful for any member of the council to violate any of the following rules:

(1) Members of the council shall not, by disorderly, insolent or disturbing action, speech, or otherwise, substantially delay, interrupt or disturb the proceedings of the council.

(2) Members of the council shall obey and carry out the lawful orders or directives of the presiding officer.

(Code 1960, § 2223; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 85-26, § 2, 10-21-85)

(a) Any person who engages in disorderly behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of any city council meeting shall, upon an order by the presiding officer or a majority of the city council, be barred from further audience before the city council during that meeting, pursuant to the provisions of subdivision (c), below.

(b) Disorderly behavior under subdivision (a) may include, but is not limited to, the following:

(1) Speaking without being recognized by the presiding officer.

(2) Continuing to speak after the allotted time has expired.

(3) Speaking on an item at a time not designated for discussion by the public of that item.

(4) Throwing objects.

(5) Speaking on an issue that is not within the jurisdiction of the city council.

(6) Attempting to engage the audience rather than the city council.

(7) Refusing to modify conduct after being advised by the presiding officer that the conduct is disrupting the meeting, or disobeying any other lawful order of the presiding officer or a majority of the city council.

(c) Enforcement. The rules of conduct while addressing the city council set forth above shall be enforced in the following manner:

(1) Call to order and warning to desist. Whenever practicable, the presiding officer or a majority of the city council shall give a warning to the person who is breaching the rules of conduct to be orderly and to comply with the rules of conduct hereunder. Such a warning shall articulate the rule of conduct being violated and the manner in which the person must comply.

A warning shall not be necessary when it would not be effective under the circumstances, including when, but not limited to, the disturbance is such that the warning cannot be heard above the noise, or the conduct of the person or persons constitutes an immediate threat to public safety, such as the throwing of objects or specific threats of harm and the apparent, present ability to carry out such threats. A warning shall also not be necessary when an individual violates the rules of conduct more than once during a council meeting, or continuously violates the rules of conduct council meeting after council meeting.

(2) Order barring person from meeting. A person who engages in disorderly behavior shall be barred from the remainder of that council meeting by the presiding officer or a majority of the city council when that person: (i) continues the disorderly behavior after receiving a warning pursuant to subdivision (c)(1); (ii) ceases the disorderly behavior upon receiving a warning pursuant to subdivision (c)(1), but later in the same council meeting resumes such disorderly behavior; or (iii) engages in disorderly behavior and no warning is practicable under the circumstances, pursuant to subdivision (c)(1).

The continuation of disorderly behavior after receiving a warning, repeated disorderly behavior during a council meeting, disorderly behavior at council meeting after council meeting, or disorderly behavior that is so significant that a warning cannot be given, constitutes the type of behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of a city council meeting.

(3) Removal. If the person barred from the meeting does not voluntarily remove him/herself upon being instructed to do so by the presiding officer or a majority of the city council, the presiding officer or the majority of the city council may direct the sergeant-at-arms to remove that person from the council chambers.

(d) The following conduct is unlawful and shall be punishable as a misdemeanor:

(1) Continuing to engage in disorderly conduct, which disrupts, disturbs or otherwise impedes the orderly conduct of any city council meeting, after receiving a warning pursuant to subdivision (c)(1) of this section.

(2) Refusing to leave a city council meeting after being directed to do so pursuant to subdivision (c)(2) of this section.

(3) Returning to a council meeting after being barred, removed or directed to leave such meeting pursuant to subdivisions (c)(2) and (c)(3) of this section.

(Code 1960, § 2224; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 85-26, § 2, 10-21-85; Ord. No. 14-09, § 1, 7-15-14)

Each person desiring to address the council shall approach either microphone at either podium, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he 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 the time specified by resolution of the city council. All remarks shall be addressed to the council as a whole and not to any member thereof. No questions shall be asked of a councilmember or a member of the city staff without obtaining permission of the presiding officer.

(Code 1960, § 2225; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 85, 10-21-85; Ord. No. 93-8, § 1, 4-5-93)

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 inquire whether or not the group has a spokesman and if so, that he be heard with the following speakers in the group to be limited to facts not already presented by the group spokesman.

(Code 1960, § 2226; Ord. No. 72-38, § 2, 10-16-72)

It is unlawful for any person in the audience at a council meeting to do any of the following after being called to order and warned to desist from such conduct:

(1) Engage in disorderly, disruptive, disturbing, delaying or boisterous conduct, such as, but not limited to, handclapping, stomping of feet, whistling, making noise, use of profane language or obscene gestures, yelling or similar demonstrations, which conduct substantially interrupts, delays, or disturbs the peace and good order of the proceedings of the council.

(2) Refuse to comply with a lawful order or directive of the presiding officer of the council.

The sergeant-at-arms shall have the authority to remove any such person from the council chamber and place him or her under arrest, or both.

(Code 1960, § 2227; Ord. No. 72-38, § 2, 10-16-72)

No person except members of the council and the city staff shall be permitted within the rail without the consent of the presiding officer.

(Code 1960, § 2228; Ord. No. 72-38, § 2, 10-16-72)

The chief of police or such members of the police department as he may designate shall attend each council meeting and shall be sergeant-at-arms of the city council. The sergeant-at-arms shall carry out all lawful orders given by the presiding officer for the purpose of maintaining order at the council meetings. The sergeant-at-arms shall have the authority and power to enforce the orders of the presiding officer relating to the order and conduct at council meetings and to arrest any person violating the provisions of this chapter. Any council member may move to require the presiding officer to enforce the rules of conduct and a majority vote of the council shall require him or her to do so.

(Code 1960, § 2229; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 85-26, § 2, 10-21-85)

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 upon his name being called by the city clerk, or by pressing a switch to cause a green light to show an affirmative vote or a red light to show a negative vote upon a vote being called for by the presiding officer. The result of any vote registered by means of a lighting system shall be audibly announced by the city clerk and recorded by the minutes as the vote.

(Code 1960, § 2230; Ord. No. 72-38, § 2, 10-16-72)

(a) The conflict of interest code shall apply to members of the city council and members of city commissions and boards established and appointed by city council or by law. Except as provided in subsection (c), the definitions contained in the Political Reform Act of 1974 (Government Code section 81000 et seq.; hereinafter referred to as the "act"), the regulations and any amendments to the act or regulations, shall be incorporated herein by this reference.

(b) The members of city council and members of city commissions and boards established and appointed by city council or by law are public officials that are deemed to make, or participate in making, decisions which may foreseeably have a material effect on a financial interest.

(c) For purposes of this section, a financial interest as defined by the act shall also include an indirect investment or interest which means any investment or interest owned by a public official's spouse, children, parent, brother, or sister, or by an agent on behalf of a public official, or by a business entity or trust in which the public official, the public official's agents, spouse, children, parent, brother, or sister own directly, indirectly, or beneficially a 10% interest or greater.

(d) In the event the city attorney is requested by a member of city council, or a member of city commissions or boards established and appointed by city council or by law, to render an opinion upon the question of such public official's disqualification from making, or participating in making, of decisions which may foreseeably have a material effect on a financial interest, the city attorney, in his or her discretion, may, render a written opinion upon such question.

(e) Any council member, or member of city commissions or boards established and appointed by city council or by law, who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the presiding officer or city attorney state the nature of such disqualification in the open council, or commission or board meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the council member affected, be decided by other council members or by the city attorney. A council member who is disqualified by reason of a conflict of interest in any matter shall comply with the provisions of California Government Code section 87105 as may be amended from time to time regarding the conduct of a council member with a conflict of interest.

(f) As provided in the act (G.C. section 87101), this section does not prevent any public official from making or participating in the making of a governmental decision to the extent his/her participation is legally required for the action or decision to be made. The fact that an official's vote is needed to break a tie does not make his/her participation legally required for purposes of this subsection.

(g) For purposes of this section, a financial interest as defined by the act shall also include any campaign contribution of two hundred fifty ($250.00) or more from a contributor or the agent of a contributor in the twelve-month interval prior to the date on which the decision involving the contributor is to be made. No city council member shall accept, solicit, or direct a contribution of $250 or more from any party or his or her agent, while a proceeding involving a license, permit, or other entitlement for use is pending before city council and for three months following the date a final decision is rendered in the proceeding if the council member knows or has reason to know that the participant has a financial interest, as that term is used in the Political Reform Act of 1974, as amended (Article 1, Chapter 7, commencing with section 87100 of the California Government Code).

(Code 1960, § 2231; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 90-9, § 2, 7-16-90; Ord. No. 91-21, § 2, 8-20-91; Ord. No. 05-1, §§ 1, 2, 1-18-05)

Every councilman should vote unless disqualified by reason of a conflict of interest. A councilman who abstains from voting acknowledges that a majority of the quorum may decide the question voted upon. A councilman who is silent or inattentive and fails to vote without stating his abstention or without being disqualified shall be deemed to have cast a "yes" vote.

(Code 1960, § 2232; Ord. No. 72-38, § 2, 10-16-72)

Tie votes shall be lost motions or "no action" and the matter voted on may be subject to further council consideration.

(Code 1960, § 2233; Ord. No. 72-38, § 2, 10-16-72)

A member may change his 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 the next item in the order of business is taken up. A councilman who publicly announces that he is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his abstention.

(Code 1960, § 2234; Ord. No. 72-38, § 2, 10-16-72)

A motion to reconsider any action taken by the council may be made only at the meeting at which such action was taken. It may be made 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 herein shall be construed to prevent any councilman from making or remaking the same or any other motion at a subsequent meeting of the council.

(Code 1960, § 2235; Ord. No. 72-38, § 2, 10-16-72)

All ordinances and contracts shall be prepared by the city attorney. No ordinance shall be prepared for presentation to the council unless ordered by a councilman, the whole council, the mayor, city manager, or unless prepared by the city attorney on his own initiative. All department heads shall route requests for ordinances through the city manager.

(Code 1960, § 2236; Ord. No. 72-38, § 2, 10-16-72)

All ordinances, resolutions and contract documents shall, before presentation to the council, have been approved as to form and compliance with all applicable laws by the city attorney or his authorized representative, and shall have been examined and approved for convenience of administrative application by the city manager or his authorized representative.

(Code 1960, § 2237; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 85-26, § 2, 10-21-85)

Wherever by law the city council is required to hold a pubic hearing on any matter before it, such hearing will be held in accordance with the rules and procedures set forth in this chapter. Nothing herein shall prohibit or limit the city council from holding a public hearing on any matter before it, whether required by law or not, and nothing herein shall prohibit or limit any member of the public from addressing the council in accordance with the rules provided for in this chapter, irrespective of whether or not a public hearing is being held.

(Code 1960, § 2239; Ord. No. 72-38, § 2, 10-16-72)

After the city clerk has announced that the time has arrived for consideration of a scheduled agenda item set for public hearing, the presiding officer may ascertain whether or not anyone wishes to be heard on the agenda item under consideration. If there are persons present wishing to be heard, they will be given an opportunity to address the council in accordance with the provisions of sections 2-61 through and including 2-65 of this Code.

(Code 1960, § 2240; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 85-26, § 2, 10-21-85)

During the public hearing the council shall receive oral or written evidence relevant to the matter being considered, and the presiding officer or any member of the council through the presiding officer may require the city clerk to swear any person giving evidence at the time of the hearing on the matter under consideration, if in the opinion of the presiding officer or any member of the council, the oath is necessary. Evidence received at public hearings provided for in this chapter, shall be relevant and material to the issues before the council; provided, however, that the rules of evidence as established by the Evidence Code for the State of California shall be substantially relaxed in order to afford a full presentation of the facts essential for judicious consideration by the council of the matter which is the subject of the public hearing. The council may order the city clerk to issue and the chief of police or his representative to serve subpoenas for any witnesses or records necessary for the production of evidence at any duly scheduled public hearing as provided for herein.

(Code 1960, § 2241; Ord. No. 72-38, § 2, 10-16-72)

At any time that it appears to the presiding officer, or a majority of the council members present and voting, that inadequate evidence has been presented to afford judicious consideration of any matter before the council at the time of a public hearing, a continuation of said 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. The applicant, or a person affected by the project which requires the public hearing, may request a continuance, which the council may grant at its discretion upon deciding good cause exists. A public hearing may begin at one council meeting and be continued to and completed at another meeting. Any continuation ordered by the council through its presiding officer shall be to a date certain, which date shall be publicly announced in the council chamber and shall constitute notice to the applicant and his opponent of the time and place that further evidence will be taken.

(Code 1960, § 2242; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 85-26, § 2, 10-21-85)

When neither the applicant nor other members of the public, nor the city staff have further evidence to present, or when in the opinion of the presiding officer or the majority of the council members present and participating, sufficient evidence has been presented, the presiding officer shall order the public hearing closed, at which time no further oral or written evidence will be received by the council; provided, however, that if at any time before the council has taken action by voting on the matter the presiding officer or the majority of the council members present and participating decides that further evidence is necessary, the public hearing may be reopened. Such a reopening of the public hearing can occur at the council meeting at which the hearing began, or at any regular or special meeting to which the matter is continued.

(Code 1960, § 2243; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 85-26, § 2, 10-21-85)

By majority vote, the council may refer back to the planning commission any matter concerning which the commission has previously made a report or recommendation of the council or has taken final action which has been appealed to the council. Any such order of referral shall specify the nature of the planning commission action desired, such as holding further public hearings, making a further recommendation or report, or making a final decision on the matter, and such order may also include additional instructions for the guidance of the planning commission. Such referral will be to a specific planning commission meeting and will constitute public notice of the further proceedings.

(Code 1960, § 2244; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 85-26, § 2, 10-21-85)

The official minutes of the city council will be kept by the city clerk in a minute book with a record of each particular type of business transacted set off in paragraph form with proper subheads. The city clerk shall be required to make a record only of such business as was actually passed upon by the city council and shall not be required to record any remarks of any members of the council or of any other person except at the special request of a member of the council. the city clerk shall enter into the minutes the reasons for dissent from or protest against any action of the council if any member of the council so requests. Names and city of residence of persons addressing the council, the title of the subject matter to which their remarks are related, and whether they spoke in support of or in opposition to such matter shall be entered in the minutes.

(Ord. No. 1960, § 2245; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 06-14, § 1, 7-5-06)

The city clerk shall electronically record all regular council meetings as a stenographic aid, and will retain the recording tapes for at least one year, provided, however, that the council, city manager, or city attorney may order any tape, or portion thereof, retained for any longer period if necessary for city business.

(Code 1960, § 2246; Ord. No. 72-38, § 2, 10-16-72; Ord. No. 85-26, § 2, 10-21-85)

As soon as possible after each meeting, the city clerk shall furnish a copy of the minutes to each councilman, the city manager, city attorney, each department head and any other individuals designated by the city clerk or city manager.

(Code 1960, § 2247; Ord. No. 72-38, § 2, 10-16-72)

Unless the reading of the minutes of a council meeting is requested by a member of the council, the minutes may be approved without reading if the clerk has previously furnished each member of the council with a copy thereof.

(Code 1960, § 2248; Ord. No. 72-38, § 2, 10-16-72)

The city council shall adopt the annual budget by midnight on June 30 of each year. Until the budget has been adopted, the city council shall not appropriate any funds for expenditure during the fiscal year for which the budget is to be enacted.

(Ord. No. 06-21, § 1, 10-3-06)

If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Chapter III of Title 2, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Chapter III of Title 2 or its application to other persons. The city council hereby declares that it would have adopted this Chapter III of Title 2 and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, words, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Chapter III shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors.

(Ord. No. 14-09, § 2, 7-15-14)