Kingsburg Municipal Code Ch. 2.04 City Council

The city council shall hold regular meetings in accordance with and on the day(s) and at the time(s) and place(s) as the city council shall determine from time to time by duly adopted resolution.

(Ord. 97-04, 1997: Ord. 479, 1989: Ord. 472, 1989: Ord. 448, 1986: prior code § 21-1000)

Special meetings 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 councilperson 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 (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 councilperson who at or prior to the time the meeting convenes files with the city clerk a written waiver of notice. Such written notice may also be dispensed with as to any councilperson who is actually present at the meeting at the time it convenes.

(Amended during 5-08 supplement; prior code § 21-1001)

All regular and special meetings of the city council shall be public; provided, however, the city council may hold closed sessions during a regular or special meeting, from which the public may be excluded, for the purpose of considering the matters referred to in Section 54957 of the Government Code of the State of California.

No member of the city council, employee of the city, or any other person present during a closed session of the council shall disclose to any person the content or substance of any discussion which took place during said closed session unless the city council shall authorize the disclosure of such information by majority vote.

(Amended during 5-08 supplement; prior code § 21-1002)

A. Notwithstanding any other provisions of this Article and to comply with applicable state statutes, the procedures in this section shall apply to meetings of the Kingsburg city council and all other boards and commissions of the city.

B. Notices of all meetings, regular or special, shall be posted at the entrance to the Kingsburg City Hall, as follows: for regular meetings, at least seventy-two (72) hours prior to meeting; for special meetings, at least twenty-four (24) hours prior to meeting. The city clerk or secretary to the board or commission involved shall prepare a declaration as to such posting which shall be kept for public reference.

C. Said notice shall consist of a copy of the proposed agenda for said meeting which contains a brief description of each item of business to be transacted or discussed at said meeting. Said agenda shall follow the order of business as set forth in this section.

D. No action may be taken on any item not appearing on said posted agenda except as permitted under applicable provisions of the Brown Act. This does not preclude discussion of staff reports presented at regular meetings that provide the legislative body, board or commission with updated information on city business. If action is to be taken based upon staff reports then the subject matter should be described on the agenda unless excepted therefrom as set forth in subsection (C) above.

E. In the event any person objects to any action taken by the planning commission or any other board or commission of the city and seeks to nullify same under applicable provisions of the Brown Act, said board or commission shall provide a full and detailed confidential report to the city council and the city attorney concerning said matter.

F. The city council may adopt supplementary regulations by resolution as to such meeting procedures.

(Ord. 459, 1987: prior code § 21-1003)

A. Availability to the Public. Correspondence addressed to the city council which is received by the city clerk or any other officer or employee of the city shall not become a public record until received and filed by the council at a regular, special or adjourned meeting of the council. Correspondence received in the city clerk's office or other offices after twelve o'clock (12:00 p.m.) noon on the Thursday preceding a regular council meeting shall not be placed on the agenda unless it concerns a matter to be considered by the council at the next regular meeting or is determined by the mayor to be an urgent matter which should be brought to the immediate attention of the council. Correspondence shall not be read aloud at a council meeting unless requested by a majority vote of the council.

B. Authority of City Clerk. The city clerk is authorized to open and examine all mail or other written communications addressed to the city council and to give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring council action may be acted upon between council meetings.

(Prior code § 21-1004)

The business of the city council at its meetings shall be taken up for consideration and disposition in whatever order is set forth on the agenda for said meeting, subject to the majority vote of the council to change said order.

(Amended during 5-08 supplement; Ord. 444, 1985: prior code § 21-1005)

The city clerk shall have exclusive responsibility for preparation of the minutes. Any directions for changes in the minutes shall be made only by majority action of the city council. Minutes shall be included in the next meetings' agenda packet.

(Amended during 5-08 supplement; prior code § 21-1006)

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 councilpersons present to serve until the arrival of the mayor or mayor pro tempore or until adjournment. Wherever in this chapter the term mayor is used, it shall apply equally to the presiding officer as defined in this section.

(Prior code § 21-1008)

A. Participation. The presiding officer may move, second, debate and vote from the chair.

B. Question to be Stated. The presiding officer or such member of the city staff as he/she may designate shall verbally restate each question immediately prior to calling for the vote. Following the vote, the city clerk shall announce whether the question carried or was defeated. The presiding officer in his/her discretion may publicly explain the effect of a vote for the audience, or he/she may direct a member of the city staff to do so, before proceeding to the next item of business.

C. Signing of Documents. The presiding officer shall sign all ordinances, contracts, and other documents necessitating his/her signature which were adopted in his/her presence, unless he/she is unavailable, in which case the signature of an alternate presiding officer may be used.

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

(Amended during 5-08 supplement; prior code § 21-1009)

A. Getting the Floor. Every councilperson desiring to speak shall first address the chair, gain recognition by the presiding officer, and shall confine him/herself to the question under debate, avoiding personalities and indecorous language.

B. Questions to Staff. Every councilperson desiring to question the city staff shall, after recognition by the presiding officer, address his/her questions to the city manager, the city attorney, or any other department head, who shall be entitled either to answer the inquiry him/herself or to designate a member of his/her staff for that purpose.

C. Interruptions. A councilperson, once recognized, shall not be interrupted when speaking unless called to order by the presiding officer, unless a point of order of personal privilege is raised by another councilperson, or unless the speaker chooses to yield to a question by another councilperson. If a councilperson, while speaking, is called to order, he/she shall cease speaking until the question of order is determined and, if determined to be in order, he/she 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.

D. Points of Order. The presiding officer shall determine all points of order subject to the right of any councilperson to appeal to the council. If an appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained?" A majority vote shall conclusively determine such question of order.

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

F. Privilege of Closing Debate. The councilperson moving the adoption of an ordinance or motion shall have the privilege of closing the debate.

G. Limitation on Debate. No councilperson shall be allowed to speak more than once upon any particular subject until every other councilperson desiring to do so shall have spoken.

(Amended during 5-08 supplement; prior code § 21-1010)

A councilperson may request through the presiding officer the privilege of having an abstract of his/her 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 § 21-1011)

Any councilperson shall have the right to have the reasons for his/her dissent from, or his/her 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 the following manner: "I would like the minutes to show that I am opposed to the action for the following reasons …"

(Amended during 5-08 supplement; prior code § 21-1012)

Except as provided in this code, the city charter, other rules adopted by the city council, or applicable provisions of state law, the procedures of the council shall be governed by the latest revised edition of Robert's Rules of Order.

(Prior code § 21-1013)

Rules adopted to expedite the transaction of the business of the council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the council or invalidate any action taken at a meeting that is otherwise held in conformity with law.

(Prior code § 21-1014)

A. Manner of Addressing Council. Each person desiring to address the council shall, state his/her name and address for the record, state the subject he/she wishes to discuss, state whom he/she is representing if he/she represents an organization or other persons, and, unless further time is granted by majority vote of the council, shall limit his/her remarks to five minutes. All remarks shall be addressed to the council as a whole and not to any member thereof. No question shall be asked a councilperson or a member of the city staff without the permission of the presiding officer.

B. Spokesman for Group of Persons. 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 request that a spokesman be chosen by the group to address the council and, in case additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the council.

C. After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the council from the audience on the matter under consideration without first securing permission to do so by a majority vote of the city council.

(Prior code § 21-1015)

A. Councilpersons. 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 presiding officer. Members of the council shall not leave their seats during a meeting without first obtaining the permission of the presiding officer.

B. Employees. Members of the city staff and employees shall observe the same rules of order and decorum as are applicable to the city council, with the exception that members of the city staff may leave their seats during a meeting without first obtaining the permission of the presiding officer.

C. Persons Addressing the Council. Any person making impertinent, slanderous, or profane remarks or who becomes boisterous while addressing the council shall be called to order by the presiding officer and, if such conduct continues, may at the discretion of the presiding officer be ordered barred from further audience before the council during that meeting.

D. Members of the Audience. Any person in the audience who engages in disorderly conduct such as handclapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the presiding officer shall be guilty of a misdemeanor, and upon instructions from the presiding officer it shall be the duty of the sergeant-at-arms to remove any such person from the council chamber and to place him/her under arrest.

(Prior code § 21-1016)

The chief of police, or such member or members of the police department as he/she may designate, shall be sergeant-at-arms of the city council and shall carry out all orders given by the presiding officer for the purpose of maintaining order and decorum at the council meetings. Any councilperson may move to require the presiding officer to enforce the rules and the affirmative vote of a majority of the council shall require him/her to do so.

(Prior code § 21-1017)

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/her name being called by the city clerk, or by pressing a switch to cause a green light to show for an affirmative vote or a red light to show for 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 in the minutes as the vote.

(Prior code § 21-1019)

Any councilperson who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the presiding officer state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the councilperson affected, be decided by the other councilpersons. A councilperson who is disqualified by reason of a conflict of interest in any matter shall not remain in his/her seat during the debate and vote on such matter, but shall request and be given the permission of the presiding officer to step down from the council table and leave the council chamber. A councilperson stating such disqualification shall not be counted as part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

(Amended during 5-08 supplement; prior code § 21-1020)

Every councilperson should vote unless disqualified by reason of a conflict of interest. A councilperson who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon.

(Prior code § 21-1021)

Tie votes shall be lost motions and may be reconsidered.

(Prior code § 21-1022)

A member may change his/her vote only if he/she makes a timely request to do so immediately following the announcement of the vote and prior to the time that the next item in the order of business is taken up. A councilperson who publicly announces that he/she is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his/her abstention.

(Amended during 5-08 supplement; prior code § 21-1023)

A motion to reconsider any action taken by the council may be made only on the day such action was taken. It may be made either immediately during the same session, or at a recessed or adjoined session thereof. Such motion may be made only by one of the councilpersons who voted with the prevailing side. Nothing herein shall be construed to prevent any councilperson from making or remaking the same or any other motion at a subsequent meeting of the council.

(Prior code § 21-1024)

No ordinance shall be presented to the council unless ordered by a majority vote of the council, or requested by the mayor, or prepared by the city attorney on his/her own initiative.

(Amended during 5-08 supplement; prior code § 21-1025)

At the time of adoption of a resolution, and either at the time of introduction or passage of an ordinance, it shall be read in full except when, after reading the title, further reading is waived by a regular motion adopted by unanimous vote of the councilpersons present.

(Amended during 5-08 supplement; prior code § 21-1026)

A. Pursuant to California Government Code Section 34886, members of the city council of the City of Kingsburg, shall be elected by-district in five (5) single-member districts.

B. 1.

Beginning with the general municipal election in November 2018, members of the city council shall be elected in the electoral districts established by Section 2.04.310 and subsequently reapportioned as provided by state law. Elections shall take place "by-district" as that term is defined in California Government Code Section 34871, meaning one member of the city council shall be elected from each district, by the voters of that district alone. Each member of the city council shall serve a four-year term until his or her successor is qualified.

2. Except as provided in subdivision (4) of this section, the council member elected or appointed to represent a district must reside in that district and be a registered voter in that district, and any candidate for city council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to California Government Code Section 34882 and Elections Code Section 10227.

3. Termination of residency in a district by a council member shall create a vacancy for that council district unless a substitute residence within the district is immediately declared and established within thirty (30) days after the termination of residency.

4. Notwithstanding any other provision of this section, the members of the city council in office at the time this section takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. At the end of the term of each council member, that member's successor shall be elected on a by-district basis in the districts established in Section 2.04.310 and as provided in Section 2.04.320.

5. An appointee to fill a vacancy in the office of a city council member who was elected at large prior to the effective date of the ordinance from which this chapter is derived and continues in office pursuant to subdivision (4), may reside anywhere within the corporate boundaries of the city. If a special election is required by law to fill any portion of such term that was initially elected at large, that special election shall be conducted at-large by all the voters of the city. Upon the expiration of the original term, the council member's successor shall be elected on a by-district basis in the districts established in Section 2.04.310 and as provided in Section 2.04.320.

(Ord. No. 2018-003, § 1, 5-16-2018)

A. Five (5) members of the city council shall be elected on a "by-district" basis from the council districts as reflected in Exhibit 1 to the ordinance from which this chapter is derived, which is incorporated herein by reference. A true and accurate street-by-street description of the district boundaries reflected in Exhibit 1 shall be on file in the office of the City of Kingsburg city clerk.

B. To the extent there is a conflict between the street-by-street descriptions on file in the office of the city clerk, and the map reflected in Exhibit 1 to the ordinance codified herein, the map reflected in Exhibit 1 shall prevail.

C. The council districts specified in Exhibit 1 shall continue in effect until they are amended or repealed in accordance with law and this chapter.

(Ord. No. 2018-003, § 1, 5-16-2018)

Council members shall be elected in council districts 1, 4, and 5 beginning at the general municipal election in November 2018, and every four (4) years thereafter. Council members shall be elected in council districts 2 and 3 beginning at the general municipal election in November 2020, and every four (4) years thereafter.

(Ord. No. 2018-003, § 1, 5-16-2018)