Delano Municipal Code Ch. 2.04 City Council

Footnotes:

--- (1) ---

State Law reference— For statutory provisions concerning the scheduling of city council meetings, see Gov. Code §§36805—36811 and 54954.

The regular meetings of the city council shall be held on the first and third Mondays of each month at the hour of 5:15 p.m. All regular meetings of the council shall be held in that certain building known and designated as the Delano City Hall, located at 1015 - 11th Avenue in the city.

(Ord. 1093 §1, 2003: Ord. 731 §1, 1979: Ord. 644 §2(part), 1974: Ord. 571 §1(part), 1972).

(Ord. No. 2011-1228, § 1, 6-6-2011; Ord. No. 2025-1363, § 2, 6-16-2025)

The council may adjourn any regular, regular adjourned, special or special adjourned meeting to a time and place specified in the order of adjournment. A copy of the notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, regular adjourned, special or special adjourned meeting was held within twenty-four hours after the time of adjournment.

(Ord. 644 §2(part), 1974: Ord. 571 §1(part), 1972).

A special meeting may be called at any time by the mayor or by three members of the city council by delivering personally or by mail written notice to each member of the council and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four 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 by the council. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the city clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes.

(Ord. 571 §2, 1972).

The city manager shall prepare an agenda of the council proceedings of all general meetings which agenda shall be prepared in accordance with the order of business and shall furnish each member of the council and the city attorney with a tentative agenda prior to the council meeting and at least twenty-four hours in advance of the meeting time.

(Ord. 571 §3, 1972).

The presiding officer of the city council shall be the mayor. The mayor and mayor pro-tem who shall be members of the city council shall serve one-year terms. The mayor and mayor pro tem shall be appointed annually by the city council at the first meeting in December. To be eligible to be mayor, a council member shall have at least one year of service on the council prior to the appointment as mayor. The mayor and mayor pro-tem are peers of and serve equally alongside each of the other council members. The mayor shall preserve strict order and decorum at all regular and special meetings of the council. The mayor shall state every question coming before the council, announce the decision of the council on all subjects and decide all questions of order, subject however, to an appeal to the council, in which event a majority vote of the council shall govern and conclusively determine such question of order. The mayor shall vote on all questions, the mayor's name being called last. The mayor pro tem shall take on the duties of the mayor during the mayor's absence.

(Ord. 1151 §1 (Exh. A), 2006: Ord. 571 §4(a), 1972).

(Ord. No. 2010-1219, § 1, 10-18-2010; Ord. No. 2011-1225, § 1, 4-18-2011)

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

(Ord. 571 §4(b), 1972).

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

(Ord. 571 § 4(c), 1972).

A majority of all the members elected to the council shall constitute a quorum at any regular or special meeting of the council.

(Ord. 571 § 4(d), 1972).

All meetings of the council shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the members of the council, the mayor, the city clerk, the city manager, and the city attorney shall take their regular stations in the council chambers, and the business of the council shall be taken up for consideration and disposition in the following order:

1. Call to order;

2. Invocation;

3. Flag salute;

4. Roll call;

5. Presentations and awards;

6. Public comment;

7. Consent agenda;

8. Public hearings;

9. Regular agenda;

10. Management reports;

11. Council statements and reports;

12. Closed session;

13. Return to general session; and

14. Adjournment.

(Ord. 996 (part), 1997: Ord. 571 § 4(e), 1972).

The clerk will read the minutes of the previous council meeting at each council meeting. Such reading of the minutes may, however, be dispensed with provided that the clerk has previously furnished each member with a copy thereof.

(Ord. 571 § 4(f), 1972).

The mayor or mayor pro tem or such other member of the council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a councilman by reason of his acting as the presiding officer.

(Ord. 571 § 4(g) (1), 1972).

Every member desiring to speak shall address the chair, and, upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language.

(Ord. 571 § 4(g) (2), 1972).

A member, once recognized, shall not be interrupted when speaking unless it is to call him to order, or as herein otherwise provided. If a member, while speaking, is called to order, he shall cease speaking until the question of order is determined, and if in order, he shall be permitted to proceed.

(Ord. 571 §4(g)(3), 1972).

The councilman moving the adoption of an ordinance or resolution may have the privilege of closing the debate.

(Ord. 571 §4(g)(4), 1972).

A councilman may request, through the presiding officer, the privilege of having a written 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. 571 §4(g)(5), 1972).

Any person desiring to address the council shall first secure the permission of the presiding officer so to do; provided, however, that under Sections 2.04.170 through 2.04.220 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. 571 §4(h)(part), 1972).

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

(Ord. 571 §4(h)(1), 1972).

Interested parties, 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 clerk in advance of their desire to speak in order that the agenda may appear on the agenda of the council.

(Ord. 571 §4(h)(2), 1972).

Interested persons or their authorized representatives may address the council, on protests, petitions or communications relating to zoning, sewer and street proceedings, hearings on protests, appeals and petitions, or similar matters, in regard to matters then under consideration, by presenting written material to the city clerk.

(Ord. 571 §4(h)(3), 1972).

After a motion is made by the council, no person shall address the council without first securing the permission to do so.

(Ord. 571 §4(h)(4), 1972).

Each person addressing the council shall stand up and shall give his name and address in an audible tone of voice for the record. All remarks shall be addressed to the council as a body and not to any member thereof. No questions shall be asked a councilman except through the presiding officer. Time limit may be established by the presiding officer.

(Ord. 571 §4(h)(5), 1972).

Any member 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. 571 §4(h)(6), 1972).

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. No council member shall absent himself from the meeting after it has been called to order without first requesting and having been granted leave to do so by the presiding officer.

(Ord. 571 §5(a), 1972).

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

(Ord. 571 §5(b), 1972).

The city manager or his 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. Any person in the audience who uses loud, boisterous or profane language at a council meeting, or language tending to bring the council, or any councilman into contempt, or any person who persistently interrupts the proceedings of the council, or refuses to keep quiet or take a seat when ordered to do so by the presiding officer, is guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in Chapter 1.16.

(Ord. 571 §5(c), 1972).

All ordinances shall be framed by the city attorney.

(Ord. 571 §6(a), 1972).

All ordinances, resolutions and contract documents shall, before presentation to the council, have been approved as to form and legality by the city attorney and reviewed by the city manager.

(Ord. 571 § 6(b), 1972).

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 city manager 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. 571 § 6(c), 1972).

Editor's note— Ord. No. 2017-1295, § 3, adopted December 4, 2017, repealed § 2.04.285, which pertained to reading of resolutions by title only and derived from Ord. No. 996, 1997.

All reports and resolutions shall be filed with the clerk and entered on the minutes.

(Ord. 571 § 6(d), 1972).

Except as otherwise provided in this article the latest edition of Rosenberg's Rules of Order shall govern the conduct of the meetings of the council.

(Ord. 571 § 6(e), 1972).

(Ord. No. 2023-1343, § 3, 5-1-2023)

A motion to adjourn shall always be in order and decided without debate.

(Ord. 571 § 6(f), 1972).

Footnotes:

--- (2) ---

Editor's note— Ord. No. 2024-1347, § 2, adopted April 2, 2024, repealed the former Art. II, §§ 2.04.320—2.04.360, and enacted a new Art. II as set out herein. The former Art. II pertained to similar subject matter and derived from Ord. 468 § 1(part), adopted 1965.

The purpose of this article is to fix compensation for the council in accordance with state law, including, without limitation, Government Code § 36516 et seq.

(Ord. No. 2024-1347, § 2, 4-2-2024)

Pursuant to Government Code § 36516, each member of the council will receive a salary of one thousand dollars per month as compensation for serving on the city council. This amount is based on the city's population of fifty-one thousand four hundred twenty-eight, as set forth by the preceding 2020 federal census.

(Ord. No. 2024-1347, § 2, 4-2-2024)

The compensation set forth in this article excludes any amounts payable to members of the council as reimbursement for actual and necessary expenses incurred in performing official council duties.

(Ord. No. 2024-1347, § 2, 4-2-2024)