Article 2-10

CITY COUNCIL

(Note: For State law prescribing the number, qualifications and term of Council members, see Government Code, Sections 36501, 36502 and 36503.)

Sections:

may be rescheduled or cancelled by action of the City Council at a regular or special meeting preceding the meeting to be rescheduled or cancelled. (Amended by Ord. 71-188 § 1, 1999; Ord. No. 320, § 1.A.2.a, 11-5-2014) (Ord. No. 360, § 1(Exh. A), 12-5-2018; Ord. No. 403, § 1(Exh. A, § 2), 7-3-2024)

The City Clerk shall prepare an agenda of all matters to be submitted to the City Council at its regular meeting and shall furnish each member of the City Council, the City Manager, the City Attorney and each department head with a copy of the same prior to the Council meeting.

(Ord. No. 320, § 1.A.2.b, 11-5-2014)

The business of the City Council shall be taken up for consideration during its regular meetings in such order as shall be determined by resolution of the City Council. The regular order of business may, for any particular meeting, be suspended for any purpose by the presiding officer with the consent of a majority of Council members present at the meeting.

Before proceeding with the business of the City Council, the City Clerk or his or her deputy shall call the roll of the members. The names of those physically present shall be entered in the minutes.

(Amended by Ord. No. 340, § 1(Att. A, § 1), 7-6-2016)

The regular meetings of the City Council shall be held on the first and third Wednesdays of each month except for the first Wednesday of January. If a regular meeting day falls on a holiday, that regular meeting may be held on such business day as designated by the City Council or the meeting may be cancelled. The time of regular meetings shall be 7:00 P.M., provided, however, that the City Council may meet in closed session or with Commissions and community groups, and conduct study sessions as part of the regular meeting prior to 7:00 P.M. The place shall be at City Hall in the Saratoga City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California unless otherwise specified on the agenda for the meeting. Any regular meeting

A majority of all the members elected to the City Council shall constitute a quorum at any regular or special meeting of the Council. The presence or absence of a quorum shall be determined by the presiding officer.

(a) Any member of the City Council may, either during the course of a meeting or at any time prior to approval of the minutes for such meeting, request that the minutes contain a verbatim transcript of such portion of the meeting as specified by the Councilmember making the request.

(b) At least two days prior to each regular meeting of the City Council, the City Clerk shall furnish

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each member of the City Council a copy of the minutes of the preceding regular or special meeting. Unless a reading of the minutes of the Council meeting is requested in open meeting by a member of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each member with a copy thereof. Notwithstanding the provisions contained herein, a reading of the minutes may always be waived by a duly carried motion to waive the reading thereof.

(c) A Council member's absence from the meeting for which minutes are being approved does not prevent the member from participating in their correction or approval.

(Amended by Ord. No. 340, § 1(Att. A, § 1), 7-6-2016)

A vote by roll call shall not be required in the City Council unless a Council member specifically requests a roll call after a motion is made, and before the presiding officer calls the vote. Unless a member of the City Council audibly states he or she is not voting, his or her silence shall be, and shall be recorded as, an affirmative vote.

(Amended by Ord. No. 340, § 1(Att. A, § 1), 7-6-2016)

(a) The presiding officer of the City Council shall be the Mayor, or in his or her absence, the Mayor pro tempore (also referenced as "Vice Mayor"). He or she shall take the chair precisely at the hour appointed for the meeting and shall immediately call the City Council to order. In the absence of the Mayor or Mayor pro tempore, the City Clerk shall call the City Council to order, whereupon, a temporary presiding officer shall be elected by the Council members present. Upon the arrival of the Mayor or Mayor pro tempore, the temporary presiding officer shall immediately relinquish the chair upon the conclusion of the particular business immediately before the Council at that time. Wherein this Article the term mayor is used, it shall apply equally to the presiding officer as defined in this Section.

(b) The presiding officer of the City Council shall have a vote, but no veto power, and may move, second and debate from the chair. He or she shall not be deprived of any of the rights and privileges of a Council member by reason of acting as presiding officer. He or she shall preserve strict order and decorum at all

regular and special meetings of the City Council. He or she shall state or call upon the City Clerk to state every question before the City Council, call for the vote and announce the decision of the Council on all subjects. He or she shall decide all questions of order, subject however to an appeal to the Council by any Council member, in which event a majority vote of the Council shall govern and conclusively determine such question of order. He or she shall have and exercise such other powers and duties as are contained elsewhere in this Article and as authorized by law. The presiding officer shall have power and authority in his or her discretion and without a vote of the City Council, to do the following:

(1) Refer any matter, whether or not on the City Council agenda, for study and report. Such power shall not be exercised while a motion is on the floor covering such matter, until the motion is disposed of. Once a matter has been referred and a report rendered thereon, it shall not thereafter be referred a second time under this power but only by City Council action.

(2) Set time limits on City Council discussion on any matter.

(3) Set time limits on any communications from members of the public to the City Council.

(4) Declare the opening and closing of public hearings.

(5) Rule any motion on a subject not on the agenda as being out of order, in which case the motion shall thereafter be void and the City Clerk shall set the subject matter thereof down on the agenda of the next regular or special Council meeting.

(6) Table any motion on any matter until the next regular or special City Council meeting whenever the City Attorney advises that there is a serious question as to the validity or constitutionality of the particular proposed course of action which is the subject matter of such motion.

(7) Require any witness testifying to facts at any public hearing to be sworn before proceeding further with any such testimony.

(Amended by Ord. No. 340, § 1(Att. A, § 1), 7-6-2016; Ord. No. 383, § 1(Exh. A, § 3), 11-17-2021)

All ordinances considered by the City Council shall be prepared by or under the direction of the City Attorney. No ordinance shall be prepared for presenta-

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tion to the City Council unless directed by a majority of the City Council or requested by the City Manager or prepared by the City Attorney on his or her own initiative.

(Amended by Ord. No. 340, § 1(Att. A, § 1), 7-6-2016)

Before presentation to the City Council, all ordinances, written resolutions and contract documents shall have been approved as to form by the City Attorney or his or her authorized representative. Where there are substantive matters of administration involved, such ordinances, resolutions or contracts shall have been examined for administration by the City Manager, who shall indicate his or her approval or disapproval from an administrative standpoint at the time of presentation to the City Council.

(Amended by Ord. No. 340, § 1(Att. A, § 1), 7-6-2016)

In consideration of matters requiring action by the City Council, the following procedure shall be observed:

(a) Sponsorship of ordinances. Ordinances prepared in accordance with Section 2-10.090 and resolutions and other matters requiring action by the City Council must be introduced and sponsored by a member of the City Council; except that the City Manager or City Attorney may present the same and any Council member may assume the sponsorship thereof by moving that such ordinance, resolution or other matter be adopted.

(b) Reading of ordinances. An ordinance may be introduced by the reading of title only. All ordinances shall be read in full, either at the time of introduction or passage, except when, after reading the title, further reading is waived at the time of introduction or passage by the unanimous vote of the Council members present at the meeting.

(c) Resolutions. Resolutions may be presented in written or oral form. Where written, the resolution need only be read by title and number prior to action thereon, and only the motion adopting it need appear in the minutes. Where oral, the same shall be stated in full by the moving party, and if adopted, shall either be

transcribed in full in the minutes or thereafter be reduced to written form separate from the minutes, executed by the presiding officer and attested by the City Clerk.

(d) Motion failing to receive second. A motion failing to receive a second can proceed with consideration and a vote on the motion without a second is at the Mayor's discretion.

(e) Rejected motions and evenly split votes. The failure of passage of any motion before the City Council shall be deemed a denial of the motion; provided, however, a motion failing by reason of an evenly split vote at a meeting where four or less Council members are present shall be agendized and voted upon at the next regular meeting of the City Council at which a quorum is present. If the motion fails for any reason (including an evenly split vote) at the subsequent meeting, then the same shall at that time be deemed a final denial by the City Council of the motion.

(f) Motion for reconsideration. A motion to reconsider actions taken by the City Council can be made only by a Council member on the prevailing side, but may be seconded by any Council member.

(1) A motion to reconsider the passage of an ordinance or the granting by the City Council of an application or request by any person for a permit, license, right, privilege, approval or contract shall be made only during the meeting at which the action was taken. If the motion is adopted, the action shall either be reconsidered at that meeting or agendized for the next regular meeting of the City Council at the discretion of the City Council.

inance or the granting by the City Council of an application or request by any person for a permit, license, right, privilege, approval or contract shall be made only during the meeting at which the action was taken. If the motion is adopted, the action shall either be reconsidered at that meeting or agendized for the next regular meeting of the City Council at the discretion of the City Council.

(2) A motion to reconsider any action other than of the type described in subsection (f)(1) of this Section, may be made at any time. If a motion to reconsider any other action is made and adopted at a subsequent meeting, the action to be reconsidered shall be agendized for the next regular meeting of the City Council unless a request for reconsideration has been included and specifically identified on the agenda for the meeting at which the motion is adopted, in which case the City Council may act on the matter to be reconsidered at such meeting.

Nothing herein shall extend the statute of limitations applicable to any action taken by the City Council.

(g) [ When majority vote required. ] Resolutions, statements of policy, actions on appeals, recommenda-

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tions to other local, State or Federal policymakers, contracts, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of the City Council.

(h) Recording motions in minutes. All motions shall be entered in the minutes, including motions failing for lack of a second, with the name of the Council member making the motion and, if a vote is taken thereon, the names of the Council members voting in favor of and in opposition to the motion.

(Amended by Ord. 71-135 § 1, 1994; Ord. No. 294, § 1.C.1., 9-5-2012; Ord. No. 340, § 1(Att. A, § 1), 7-6-2016)

The following rules shall be observed in debate in the City Council:

(a) Getting the floor. Every Council member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine all remarks to the question under debate.

(b) Interruptions. A Council member, once recognized, shall not be interrupted when speaking unless it be on a point of order or as otherwise provided in this Article. If a point of order is raised while a Council member is speaking, the Council member shall cease speaking until the question of order is determined and, if in order, the Council member shall be permitted to proceed.

(c) Closing debate. Debate on any matter may be closed upon motion adopted by a majority of Council members present at the meeting.

(d) Rules of order. Except as otherwise provided in this Article, proceedings of the City Council shall be governed under procedures adopted by a resolution of the City Council and on file in the office of the City Clerk. No action affected by the failure or omission to observe or follow the rules of debate or other procedures as provided in this Section. (Amended by Ord. No. 268, § 2.A, 5-6-2009)

(a) Any person desiring to address the City Council at a City Council meeting shall first secure the permission of the presiding officer; provided, that under the following headings of business, unless the presiding officer rules otherwise, any qualified and inter-

ested person shall have the right to address the City Council upon obtaining recognition by the presiding officer:

(1) Agendized items. Members of the public may address the City Council by oral communication subject to any time limits set pursuant to Section 2-10.080(b)(3), on any item on the agenda, before or during consideration of that item.

(2) Nonagendized items. Members of the public may address the City Council by oral communication subject to any time limits set pursuant to Section 2-10.080(b)(3), on any nonagendized matter within the subject matter jurisdiction of the City Council, that is, over which the City Council has control.

(3) Public hearings. Members of the public may address the City Council, subject to any time limits set pursuant to Section 2-10.080(b)(3), relating to the matter which is the subject of the public hearing, provided that once the public hearing has closed, the public may no longer address the City Council on that matter unless the City Council reopens the public hearing.

(b) All remarks shall be addressed to the City Council as a body and not to any individual member thereof. No person, other than the City Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council without the permission of the presiding officer.

(c) The following rules shall be applicable to written communications to the City Council:

(1) Written communication to the City Council shall be distributed to the City Council at or prior to the next regular City Council meeting following receipt of the communication by the City Clerk except that written communications pertaining to a matter to be considered at a meeting other than a regular meeting shall be distributed to the City Council at or prior to that meeting. Written communications received by the City Clerk after 5:00 P.M. on the day of a City Council meeting are not required to be distributed at that meeting unless ten copies are delivered to the City Clerk at the meeting. Copies of written communications distributed to the Council shall be available for public review in the office of the City Clerk.

(2) Written communications shall not be read aloud unless requested by a council member. (Amended by Ord. 71-134 § 1, 1994; Ord. No. 268, § 2.A., 5-6-2009)

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(a) While the City Council is in session, the members must preserve order and decorum. A member shall neither, by conversation or otherwise, delay or interrupt proceedings or the peace of the City Council, nor disturb any member while speaking or refuse to obey the orders of the City Council or its presiding officer except as provided in this Article.

(b) Any person not a member of the City Council making personal, impertinent or slanderous remarks or who becomes boisterous while addressing the City Council shall forthwith be barred from further audience before the City Council, on order of the presiding officer, unless permission to continue be granted by a majority vote of the Council.

While the City Council is in session, any person who acts in a disorderly, contemptuous or insolent manner towards the City Council or any member thereof, which conduct tends to interrupt the due course of such meeting, or any member of the public in attendance who fails, on demand of the presiding officer, to comply with any rule set forth in this Article, or any order of the presiding officer made in accord with the authority of this Article, shall be guilty of a misdemeanor. The presiding officer or the City Attorney may order such person to leave the Council Chambers immediately and upon any failure or refusal to do so, such person may be arrested and taken into custody by a deputy sheriff or other police officer.

Any meeting may either be terminated or continued to another time, place or date by adjournment, regardless of whether or not all matters on the agenda or under discussion have been covered, acted on or concluded. Notwithstanding the above provision, no meeting shall be terminated before closing all public hearings noticed for that meeting, without first continuing such public hearings to another time, place and date. Otherwise, a motion to adjourn shall always be in order and decided without debate. Where a meeting is continued to a future date, if either the time or place is not stated in the order of adjournment, it shall be deemed to be at the hour and place specified for regular meetings of the City Council.

Failure to observe the rules set forth in this Article shall not invalidate any action taken which is otherwise lawful, and defective only for failure to follow the procedure outlined in this Article.

(a) Each member of the City Council shall be paid the sum of two hundred fifty dollars per month for each month during which a Council member shall hold office. Such payment is to compensate City Council members for attendance at meetings of the City Council, meetings of advisory bodies, and conferences or organized educational activities.

(b) The City Council shall, by resolution, establish a policy for the reimbursement of actual and reasonable expenses, including, but not limited to, the cost of travel, meals, lodging and registration fees for attendance at meetings or functions as the designated representative of the City Council. Such policy may be amended from time to time by a resolution of the City Council.

(Amended by Ord. 71.85 § 1, 1990; Ord. 247 § 2, 2006)

(a) The City Council may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it (or any delegee of the City Council) when issuance of the subpoenas serves a valid legislative purpose, and when the witnesses or material subpoenaed are pertinent to the subject matter of a legislative investigation, including but not limited to enforcement proceedings.

(b) The City Council, at the request of any party to an enforcement hearing, may subpoena witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary by the City Council to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees shall be borne by the party requesting the subpoena. The City Manager shall develop policies and procedures relating to the issuance of subpoenas in enforcement hearings, including the form of the subpoena and related costs.

(c) Subpoenas shall be signed by the mayor and attested by the City Clerk. They may be served in the same manner as subpoenas are served in civil actions.

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(d) If any person duly subpoenaed neglects or refuses to obey a subpoena, or, appearing, refuses to testify or answer any questions which a majority of the City Council decide proper and pertinent, the Mayor shall report the fact to a judge of the Santa Clara County Superior Court.

(e) The judge shall issue an attachment directed to the Santa Clara County Sheriff commanding him or her to attach the person, and forthwith bring him or her before the judge.

(f) On return of the attachment and production of the witness, the judge has jurisdiction.

(g) The right of a witness to purge himself or herself of the contempt and the proceedings, penalties and punishment shall be the same as if the contempt had been committed in a civil trial in a Superior Court. (Ord. No. 328, § 1(Att. A, § 1), 7-1-2015; Ord. No. 340, § 1(Att. A, § 1), 7-6-2016)

(a) No person may serve more than two terms on the Saratoga City Council.

(b) For purposes of this section:

(1) any person who is removed or has resigned from office shall be deemed to have served a full term regardless of the amount of time in office;

(2) any person who has been elected at a general municipal election to fill the unexpired term of a vacant seat on the City Council shall be deemed to have served a full term; and

(3) any person who has been appointed or elected at a special election to fill the unexpired term of a vacant seat on the City Council and served two or more years in that capacity shall be deemed to have served a full term.

(c) This section was adopted by the voters of the City of Saratoga at the November 8, 2022 election and shall not be repealed or amended except by a measure approved by a majority of the voters voting on the issue at an election legally called for that purpose. (Res. No. 22-046, § 2(Exh. B), 12-13-2022)

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