Article I — RULES OF THE COUNCIL

The rules set forth in this Chapter are adopted and approved and shall constitute the rules of the Council governing the conduct and performance of the duties of the Council from and after the effective date hereof.

(Prior code § 2212 (part))

A.

All meetings of the Council shall be open and public, and all persons shall be permitted to attend any meeting of the Council except as otherwise provided in this Section.

B.

Regular meetings of the City Council shall be held in the Council Chambers of City Hall at five o'clock (5:00) p.m. on Tuesday of each week, except the last Tuesday of each month, on which there will be no regular meeting of the City Council.

If any regular meeting day falls on a holiday, such regular meeting shall be held on the next business day thereafter.

C.

Special meetings of the Council may be ordered at any time by the Mayor, or by five (5) members of the 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 (24) hours before the time of such meeting is specified in the notice. The order shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting by the Council. Such order shall be filed with the City Clerk and such notice shall be given by the City Clerk in the manner aforesaid. The City Clerk shall execute and file with the records of each such special meeting an affidavit setting forth the time, place and manner of giving each such notice. A copy of the order calling such special meeting and the aforesaid affidavit of the City Clerk shall be spread upon the minutes of such special meeting.

D.

The Council may adjourn any regular, adjourned or special meeting to a time and place specified in the order of adjournment. Whenever a place of meeting is not specified in an order of adjournment the same shall be held in the Council Chambers in the City Hall of the City. Whenever an order of adjournment of a regular, adjourned or special meeting fails to state the hour at which the adjourned meeting is to be held it shall be held at nine o'clock (9:00) a.m., on the day specified in the order of adjournment. All matters may be considered and passed upon at such adjourned meetings as could have been considered and passed upon at the meetings from which such adjournments were taken and shall be deemed to be a continuation of the meeting from which the adjournment was taken.

E.

If by reason of fire, earthquake or other emergency, it is unsafe to hold any meeting of the Council in the place designated, any such meeting may be held for the duration of such emergency at such place as shall be designated by the Mayor. In the event the place designated for a meeting of the Council is determined by a majority of the members of the Council to be not sufficiently large to conveniently accommodate the persons in attendance, the Council may adjourn, such meeting to be held at a place to be designated in such order of adjournment in the City other than the Council Chambers in the City Hall, or other than the place otherwise previously designated as provided in this Section at the time and place specified in the order of adjournment.

F.

Unless otherwise provided by the City Charter, the Council may hold executive sessions to consider the employment or dismissal of a public officer or employee subject to appointment or dismissal by the Council under the provisions of the City Charter or to hear complaints or charges brought against such officer or employee, unless such officer or employee requests a public hearing. The Council may exclude from any of its meetings during the examination of a witness any or all other witnesses in the matter being investigated by it.

G.

The Mayor, or in his absence the Vice Mayor, shall take the chair at the hour appointed for the meeting of the Council and shall immediately call the Council to order. In the absence of both the Mayor and Vice Mayor, the City Clerk, or an assistant City Clerk, shall call the Council to order, whereupon a Chairperson shall be elected to preside from among the members of the Council present. Said election shall proceed in the order of descending seniority of the members present in terms of service on the Council.

(Ord. C-7852 § 1, 2003; Ord. C-7594 § 1, 1999; Ord. C-7559 § 1, 1998; Ord. C-7313 § 1, 1995; Ord. C- 7061 § 1, 1992; Ord. C-6941 § 1, 1991; Ord. C-6911 § 1, 1991; Ord. C-6367 § 1, 1987; Ord. C-6324 § 1, 1986; Ord. C-6245 § 1, 1986; Ord. C-6122 § 1, 1984; Ord. C-5997 § 2, 1983; Ord. C-5961 § 1, 1983; Ord. C-5700 § 2, 1981; prior code § 2212 (Rule 1))

A.

The Mayor, or other presiding officer, shall preserve order and decorum; may object to points of order in preference to other members; and shall decide questions of order, subject to an appeal to the Council by any member, on which appeal no member shall speak more than once, unless by leave of two-thirds (⅔) of the members present.

The Mayor, or other presiding officer, shall have general direction of the Council Chamber. He shall have a right to name any member to perform the duties of the Chair, but such substitution shall not extend beyond an adjournment. He shall have the power to assign seats to the members of the City Council and may assign places to properly accredited newspaper representatives.

B.

The Mayor, or other presiding officer, shall, before ordering a roll call on any question, state the motion as it is to appear in the minutes.

(Prior code § 2212 (Rule 3))

A.

Except as set forth in this Section, the order of business of the City Council at all regular meetings shall be as follows, unless otherwise waived by consent of the Council:

Call to order by Mayor;

Roll call of the City Council by City Clerk;

Moment of silence;

Pledge of Allegiance;

Consent calendar:

a.

Approval of the minutes of previous meeting(s).

b.

The consent calendar shall be heard immediately after the pledge of allegiance, and prior to 6:30 PM.

c.

Any item removed from the consent calendar for separate action shall be heard as the first item on the regular agenda.

Ceremonials and Presentations. Ceremonials and presentations shall:

a.

Be limited to no more than three (3) ceremonials and/or presentations per City Council meeting; and

b.

Not exceed five (5) minutes per ceremonial or presentation.

Hearings;

Public Comment. The opportunity for members of the public to address the City Council on matters of public business which are not listed on the agenda but are within the subject matter jurisdiction of the City Council, which shall be conducted in accordance with the following rules:

a.

Each person desiring to address the City Council pursuant to this part of the order of business may, but is not required to, submit their name and the subject matter in writing to the City Clerk prior to the commencement of the Council meeting;

b.

All addresses to the City Council under this part shall be limited to three (3) minutes;

c.

The total number of speakers under this part shall be limited to the first ten (10) persons who have submitted their request to address the City Council on a matter not listed on the agenda in writing to the City Clerk;

d.

The total amount of time to be devoted to addresses under this part shall not exceed thirty (30) minutes unless said limit on the total amount of time is waived by consent of the City Council.

Unfinished business;

Regular agenda;

Ordinance(s);

New business:

a.

A supplemental agenda item submitted by a Councilmember shall require a separate "Statement of Urgency" explaining why the item is urgent and is required to be added after agenda is posted. If the City Council deems that a supplemental agenda item added onto the posted agenda is not urgent, the item shall be laid over to a future City Council meeting.

b.

Announcements.

Public Comment:

a.

The opportunity for those members of the public to address the City Council on nonagenda items who have not already addressed the City Council on nonagenda items at the same meeting.

Adjournment. In the event the City Council desires to adjourn to a certain hour on another day, a motion shall be made either prior to or as part of the regular motion to adjourn indicating the hour and date to which the meeting is adjourned.

B.

Without objection by the City Council, the Mayor, or other presiding officer, may use their discretion to call for any agenda item out of order for consideration and disposition, as needed, to ensure an efficient flow of the meeting.

C.

Public Comment for Agenda Items.

Each person desiring to address the City Council on an agenda item may, but is not required to, submit their name in writing to the City Clerk prior to the time that the Mayor, or other presiding officer, calls for the agenda item to be taken up for consideration. At that time, the speakers list for said agenda item will be closed and speakers will be called to speak at a time deemed appropriate by the Mayor, or presiding officer.

Where less than ten (10) members of the public submit their request to the Clerk to speak on a particular agenda item, each member of the public shall have three (3) minutes to address the City Council. Any member of the public in need of a translator pursuant to the City's Language Access Policy or accommodation pursuant to the American Disabilities Act shall have six (6) minutes.

Where more than ten (10) members of the public submit their request to the Clerk to speak on a particular agenda item, each member of the public shall have ninety (90) seconds to address the City Council. Any member of the public in need of a translator pursuant to the City's Language Access Policy or accommodation pursuant to the American Disabilities Act shall have one hundred eighty (180) seconds.

D.

The rules of parliamentary practice contained in "Robert's Rules of Order" shall govern the Council where applicable and not otherwise inconsistent with any provision of this Code or other applicable laws.

Limits of debate by the City Council. Unless waived by consent of the City Council, a member of the City Council may speak on any debatable motion for an unlimited number of times for up to five (5) minutes at a time. This Section shall not apply to the time available for a Councilmember to present an item to the City Council. This Section shall apply to the conduct of the City Councilmembers during hearings.

(ORD-22-0029 § 1, 2022; ORD-19-0021 § 1, 2019; ORD-14-0016 § 1, 2014; Ord. C-7966 § 1, 2005: Ord. C- 7594 § 2, 1999: Ord. C-7559 § 2, 1998: Ord. C-7408 § 1, 1996: Ord. C-7313 § 2, 1995: Ord. C-7061 § 2, 1992; Ord. C-6974 § 1, 1992: Ord. C-6941 § 2, 1991; Ord. C-6911 § 2, 1991; Ord. C-6720 § 1, 1990; Ord. C-6638 § 1, 1989; Ord. C-5629 § 1, 1980, Ord. C-5288 § 1, 1977; prior code § 2212 (Rule 4))

A.

No member of the Council shall be allowed to explain his vote or discuss the question while the roll is being called, and no member shall be allowed to change his vote after the vote is announced by the Mayor; provided, however, that this rule may be suspended by the affirmative votes of two-thirds (⅔) of the members of the Council present; however, any member may cast his vote and thereupon file with the City Clerk a written explanation of his vote and ask that such explanation be spread upon the minutes.

B.

Except when a conflict of interest exists and abstention is required by State law, every member of the Council who is present when a roll is called shall vote for or against the question, unless excused by a majority of the members present, prior to the calling of the roll on such question.

C.

Two (2) or more members may demand that a vote be taken by yeas and nays. The taking of a vote by yeas and nays shall not be ordered unless demanded by two (2) or more members of the Council, except upon the passage of ordinances, resolutions and special permits, and on all street proceedings and matters pertaining to public improvement and motions directing the appropriation of money.

(Ord. C-5700 § 3, 1981; prior code § 2212 (Rule 5))

A.

All committees shall be established by resolution of the City Council. The Mayor shall appoint the members of all such committees and shall designate which member of each committee shall act as Chairman and Vice Chairman. The Mayor may act as an ex officio member of all committees of which the Mayor is not an official member.

B.

Each such committee established by resolution of the City Council shall hold a meeting upon the call of the Chairman thereof, or, in case of his refusal or inability to act, upon the call of the Mayor. All committee meetings shall be public meetings, except in those instances where an executive session may properly be held under the Brown Act or other applicable law.

C.

An agenda shall be prepared containing the specific items of business to be transacted, along with a brief general description of each item to be heard at a committee meeting. Items of business shall be placed on the agenda at the direction of the Chairman, Vice Chairman, or member of such committee.

D.

All City Council Committee meetings shall end by the time listed for the next Committee meeting, Closed Session, or City Council meeting, as reflected in the published agenda.

(ORD-19-0021 § 2, 2019; ORD-11-0005 § 1, 2011; Ord. C-5607 § 1, 1980; Ord. C-5396 § 1, 1978: prior code § 2212 (Rule 6))

A.

Any appointment to any commission created by the City Charter, which is submitted by the Mayor to the City Council for confirmation, shall not be placed on the City Council's agenda for action until the matter

has first been reviewed by the City Council Standing Committee responsible for the review of Charter Commission appointments.

B.

Upon the City Clerk's receipt of the Mayor's communication to the City Council regarding any such appointment, the Clerk shall immediately transmit said communication to the Chairman and members of the City Council Standing Committee responsible for the review of Charter Commission appointments. The City Clerk shall also place a report on the City Council agenda indicating that the Mayor's communication has been received and that it has been transmitted to the committee.

C.

The City Council Standing Committee responsible for the review of Charter Commission appointments shall hold a meeting to consider and make its recommendation regarding any such appointment to the City Council within thirty (30) days from the date the Mayor's communication concerning said appointment was received by the City Clerk.

D.

This rule may be waived by the City Council at its discretion with respect to any particular appointment.

(ORD-23-0021 § 1, 2023; Ord. C-6798 § 1, 1990)

A.

All communications, requests and all documents shall be referred by the presiding officer to the proper department of the City, or to the proper Councilman Committee, or to the Councilman of the district affected, or to any other proper officer of the City, unless immediate action is taken thereon by the Council. When so referred for a report thereon, the report shall be made to the City Manager without delay; and the City Manager shall thereupon report his or her findings to the Council when, in his or her opinion, such action is necessary; otherwise, the City Manager shall act upon all matters so referred and make a return of his or her actions to the Council at the following regular session for the purpose of clearing the calendar and minute records.

B.

Subject to the relevant provisions of the Ralph M. Brown Act, no agenda item shall be heard or considered by the Council unless it is in writing, signed by the Councilmember, City officer, department director, or presiding officer of the body making the agenda request, and filed with the City Clerk prior to twelve noon (12:00) on the Monday the week before the meeting at which the agenda item is to be considered by the Council. Should a holiday occur on a Monday, the agenda item is then due prior to twelve noon (12:00) on the Friday preceding the Monday holiday. The requirement of this Subsection may be waived if a written communication is signed by three (3) Councilmembers and directed to the City Clerk requesting that a particular item be placed on an agenda for consideration and that communication is filed with the City

Clerk before twelve noon (12:00) of the Friday immediately before the Tuesday at which such agenda item is to be considered.

C.

If any matter is referred to any officer, board, commission or committee for report without specifying the date upon which such report shall be made, the City Clerk shall call the matter upon report at the first regular meeting of the Council following the expiration of ten (10) days from the date of such reference.

(ORD-08-0005 § 1, 2008; Ord. C-5261 § 1, 1976; prior code § 2212 (Rule 7))

Any proposal to create or form any citizen advisory committee, commission, board, task force or other such entity shall not be submitted for consideration and final action by the Mayor and/or City Council until a fiscal impact analysis report has been prepared by the City Manager and reviewed by the Economic Development and Finance Committee.

The fiscal impact analysis shall consist of a statement of the estimated fiscal impact and potential effect of the proposal on City revenues, and may include a recommended appropriation ceiling to limit the total amount of City resources authorized to be utilized for said entity, and may identify any appropriate public or private revenue sources.

The Economic Development and Finance Committee shall hold a noticed public meeting to review the fiscal impact analysis report within two (2) weeks from the date said matter is referred to the committee, and shall immediately thereafter submit its comments to the City Council relating to: (a) the feasibility of the cost estimates and recommended appropriation ceiling; and (b) any public or private revenue sources or enhancements that may be available; and (c) the most appropriate City or private sector resources to furnish support for the proposed board, committee, commission or task force.

(Ord. C-6581 § 1, 1989)

Any agenda item authored and submitted by any Councilmember shall state the fiscal impacts of the requested action. The item shall contain a fiscal impact statement prepared by such Councilmember, indicating whether approval of the requested action is anticipated to have a significant fiscal impact, no significant fiscal impact, or no fiscal impact. For fiscal impacts of a determinate nature, the fiscal impact statement shall include such Councilmember's estimate of increases or decreases in City expenditures or revenues that would result if the requested action was to be approved by the City Council.

(ORD-11-0006, § 1, 2-15-2011)

A.

No ordinance shall be presented to the Council or considered by it unless such ordinance has been previously ordered prepared by a motion duly and regularly adopted, or by report and with

recommendations of the ordinance committee.

B.

No proposal of amendment to any ordinance or resolution pending before the Council shall be presented to or considered by the Council unless the same is in writing, setting forth the page and line at which the amendment is to be made, stating in full the matter to be stricken or added and, in the event that the amendment consists of a substitution, stating, in full, the matter to be stricken and the matter to be substituted in lieu thereof. Such written proposal shall be filed by the City Clerk and a copy thereof spread upon the minutes of the meetings as a motion.

(Prior code § 2212 (Rule 8))

Unless otherwise prohibited by law, the Council may from time to time set fees and charges related to and arising out of the activities of the various departments of the City by resolution duly adopted by the Council in accordance with applicable provisions of law.

(Ord. C-6750 § 1, 1990)

A.

No ordinance, resolution, motion, petition, appeal, report or any other matter, thing or proceeding whatsoever, presented by any person not a member of the Council, shall be presented to or considered by the Council unless the subject matter thereof, signed by the person desiring to be heard in connection therewith, is presented, in writing, to the City Clerk before twelve o'clock (12:00) noon on the Monday of the week immediately preceding the date of the meeting at which the same is to be considered; provided, however, that the requirement of this Subsection may be waived by the Council in the exercise of its sound and reasonable discretion.

B.

No person shall address the Council without first securing the permission of the Mayor so to do; and no person, other than a member of the Council, shall speak more than once during the consideration of any one question, of whatever nature, at the same meeting, except that the person presenting the matter to the Council may speak a second time for a period not to exceed two (2) minutes, for the purpose of closing. Except for testimony at public hearings, all addresses to the Council, other than from members thereof, shall be limited to three (3) minutes. It shall be the duty of the City Clerk to keep the Mayor advised of the time consumed by each speaker and upon such advice from the City Clerk, it shall be the duty of the Mayor to strictly enforce this rule. Every person, other than a member of the Council, desiring to speak on any subject shall, standing in the place indicated for such purpose, address the presiding officer of the Council as " Mayor", and when recognized and given permission to proceed by the Mayor, may, but is not required to, first state their name and address in order that the same may be made a record in the minutes of the meeting; provided, however, that this rule, or any part thereof, may be suspended by the affirmative votes of two-thirds (⅔) of the members of the Council present.

(ORD-22-0029 § 2, 2022; Ord. C-6594 § 1, 1989; Ord. 5700 § 4, 1981; Ord. 5261 § 2, 1976; prior code § 2212 (Rule 9))

A.

Any person desiring to address the Council shall state what they wish to present and obtain permission of the Mayor before proceeding. No person shall be permitted to use lewd, vicious or personal language which disrupts the meeting under Section 2.03.140 of this Chapter, and, should they do so, it will be the duty of the Mayor, or other presiding officer, to not permit them to continue to disrupt the meeting.

B.

No member of the Council shall leave the Council chamber without permission from the Mayor.

(ORD-22-0029 § 3, 2022; Prior code § 2212 (Rule 10))

Except as otherwise provided in this Chapter, no rule contained in this Chapter shall be rescinded, modified, suspended, altered or changed except by a vote of two-thirds (⅔) of all the members of the Council, and at least one (1) days' notice, in writing, being given of the motion therefor.

(Prior code § 2212 (Rule 11))

The City Manager and the City Attorney shall attend all regular sessions of the Council, and may at any time be permitted to interpose suggestions on any matter under consideration and shall be recognized by the presiding officer for such purpose.

(Prior code § 2212 (Rule 12))