Scotts Valley Municipal Code Ch. 2.28 Council Procedures

This ordinance shall be known as the "council procedure ordinance" of the city. It shall apply to all regular and special meetings of the council of the city, and in addition, Sections 2.28.240 through 2.28.280 shall apply to all meetings of and public hearings before the Scotts Valley Planning Commission. Reference to "presiding officer", "council", "councilmen" and "city clerk" in Sections 2.28.240 through 2.28.270 shall respectively mean, chairman, planning commission, commissioner and secretary of the planning commission when applied to planning commission meetings.

(Ord. 12 § 1.1, 1966)

The term "meeting" means the gathering together of a majority of the members of the council or planning commission, each member within normal hearing distance of the other, at the time and place established by ordinance or resolution for regular meetings, or at such other time and place as authorized by law for special meetings, for the purpose of acting in their official capacity as the legislative body of the city in the case of the council, and in their official capacity as the planning commission in the case of the planning commission. Unless otherwise authorized by law to be held in private, all such meetings shall be open to the public.

No other gathering of the persons who constitute the city council or planning commission, or any portion thereof, shall be considered a meeting. Any action or decision required by law to be taken or made at a meeting shall be invalid and of no force and effect if the same is not taken or made at a meeting as herein defined.

The foregoing shall not prevent less than a quorum, otherwise gathered at the time and place and for the purpose of conducting a meeting, from adjourning from time to time in accord with law until a quorum is present.

If at any time the legislature of the state or the final decision of an appellate court of said state should define a meeting of a city council or a city planning commission other than as above set forth, such legislative or final judicial definition shall thereafter supersede the definition hereinabove set forth.

(Ord. 12 § 1.2, 1966)

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

(Ord. 12 § 1.3, 1966)

All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the council at their regular meeting shall be delivered to the city clerk not later than 5:00 on the preceding Thursday. The city clerk shall prepare an agenda of all such matters according to the order of business and shall furnish each member of the council, the city administrator, the city attorney and each department head with a copy of the same prior to the council meeting. Except as otherwise provided in this chapter, no matter not included on the agenda may be presented to the council without first obtaining the unanimous consent of all councilmen present at the meeting.

(Ord. 12 § 2.1, 1966)

The business of the council shall be taken up for consideration and disposition in the following order, unless otherwise changed by order of the city council:

Call to Order (6:00 p.m.) Pledge of Allegiance Roll Call Committee Reports City Manager Report Public Comment Time Additions/Deletions to Consent Agenda Additions/Deletions to Regular Agenda Consent Agenda Regular Agenda Public Hearings (6:30 p.m.) Regular Agenda (resumed, if necessary) Future Agenda Items Closed Session (if necessary) Adjournment

The above order of business may be changed from time to time by the council. In addition, the regular order of business may, for any particular meeting, be suspended for any purpose by the presiding officer with consent of a majority of the council members present.

(Ord. 12 § 2.2, 1966; Ord. 12.3 § 1, 1978; Ord. 2.9 § 1, 1994; Ord. No. 12.7, § 1, 11-6-2013)

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

(Ord. 12 § 2.3, 1966)

A majority of all the members elected to the 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.

(Ord. 12 § 2.4, 1966)

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 clerk has previously furnished each member with a copy thereof. Notwithstanding the above, reading of the minutes may always be waived by a duly carried motion to waive the reading thereof.

(Ord. 12 § 2.5, 1966; Ord. No. 12.6, § 1, 1-20-2010)

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

(Ord. 12 § 2.6, 1966)

The presiding officer of the council shall be the mayor, or in his absence, the mayor pro tempore. He 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 tempore, the city clerk shall call the council to order, whereupon, a temporary presiding officer shall be elected by the members of the council 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. Wherever in this ordinance the term mayor is used, it shall apply equally to the presiding officer as defined in this section.

(Ord. 12 § 3.1, 1966; Ord. 12.2 § 1, 1968)

The presiding officer shall have a vote, but no veto power, and may move, second and debate from the chair. He shall preserve strict order and decorum at all regular and special meetings of the council. He shall state, or call upon the clerk to state, every question before the council on all subjects. He shall decide all questions of order, subject however to an appeal to the council or any councilman, in which event a majority vote of the council shall govern and conclusively determine such question of order. He shall have and exercise such other powers and duties as are contained elsewhere in this ordinance, and as are authorized by law.

(Ord. 12 § 3.2, 1966)

The presiding officer shall have power and authority in his discretion and without a vote of the council, to:

A. Refer any matter, whether or not on the agenda, to a committee for study and report. Such power may 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 to committee and a report rendered thereon, it may not thereafter be referred to committee a second time under this power but only by council action;

B. Set time limits on council discussion on any matter;

C. Set time limits on any communications from members of the public to the council;

D. Declare the opening and closing of public hearings;

E. 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 clerk shall set the subject matter thereof down on the agenda of the next regular or special council meeting;

F. Table any motion on any matter until the next regular or special 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 said motion;

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

(Ord. 12 § 3.3, 1966)

All ordinances shall be prepared by or under the direction of the city attorney. No ordinance shall be prepared for presentation to the council unless ordered by a majority vote of the council, or requested by the mayor or city administrator, or prepared by the city attorney on his own initiative.

(Ord. 12 § 4.1, 1966)

Before presentation to the council, all ordinances, written resolutions and contract documents shall have been approved as to form by the city attorney on his own initiative.

(Ord. 12 § 4.2, 1966)

A. 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 mayor, city administrator or city attorney may present the same and any councilman may assume the sponsorship thereof by moving that such ordinance, resolution or matter or subject be adopted; otherwise, they shall not be considered.

B. Any ordinance may be introduced by the reading of the title only. All ordinances shall be read in full at least once prior to final passage and adoption, unless the reading thereof is dispensed with by the unanimous vote of the council present at a regular meeting. Notwithstanding the above, all emergency ordinances shall be read in full prior to passage and adoption.

C. 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:

1. Be transcribed in full in the minutes; or

2. Thereafter be reduced to written form separate from the minutes, executed by the presiding officer and attested by the city clerk.

The presiding officer shall direct which final form a verbally presented resolution shall take.

D. The presiding officer shall call all motions to a vote except those which have not been seconded.

E. All motions for enactment of any ordinance, resolution or other council action which do not receive the required vote for passage shall nevertheless be entered in the minutes.

(Ord. 12 § 4.3, 1966; Ord. 12.1 § 1, 1968)

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

(Ord. 12 § 5.1, 1966)

Every council 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. 12 § 5.2, 1966)

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

(Ord. 12 § 5.3, 1966)

The councilman moving the adoption of an ordinance or resolution, or council action, shall have the privilege of closing the debate.

(Ord. 12 § 5.4, 1966)

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 adjourned session thereof. Such motion must be made by one of the prevailing side, and may be made at any time and shall have precedence over all other motions and shall be debatable. Nothing herein shall be construed to prevent any member of the council from making or remaking the same or any other motion at a subsequent meeting of the council.

(Ord. 12 § 5.5, 1966)

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. The clerk may be directed by the presiding officer, with consent of the council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the council.

(Ord. 12 § 5.6, 1966)

Except as otherwise provided in this chapter, proceedings of the council shall be governed under "Roberts' Rules of Order" on all matters pertaining to parliamentary law.

(Ord. 12 § 5.7, 1966)

No action of the council shall be invalidated nor the legality thereof affected by the failure or omission to observe or follow the within rules of debate or "Roberts' Rules of Order".

(Ord. 12 § 5.8, 1966)

General. Any person desiring to address the council shall first secure the permission of the presiding officer so to do; provided, however, that under the following headings of business, 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:

A. Written communications. Interested parties or their authorized representatives may address the council by written communication. If copies of said communications are furnished to each councilman present, such written communications need not be read aloud at the meeting unless so ordered by a majority vote of the council.

B. Oral communications. Taxpayers or residents of the city or their authorized legal representative 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.

C. Public hearings. Interested persons or their authorized representatives may address the council by reading a protest, petition, or communication relating to matters the subject of public hearing under this category, and the order of presentation and the time thereof shall be under the direction and control of the presiding officer.

(Ord. 12 § 6.1, 1966)

Each person addressing the council shall stand and give his name and address in an audible tone of voice for the record, and shall speak into the microphone provided at all times that the electronic public address system is in operation. All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and 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. No person shall address or question a council member, the city attorney, the director of public works, the city administrator or other official at the council table without the prior consent of the presiding officer.

(Ord. 12 § 6.2, 1966)

A. Written communications on a particular matter for council discussion shall be read by the council at the time of such discussion rather than under the agenda item of "written communications".

B. Written communications from the administrative staff shall not be read aloud unless requested by the writer or any councilman.

C. Anonymous communications shall not be read.

D. The presiding officer shall not permit any communication, written or oral, to be made or read where it does not bear directly on an agenda item then under discussion.

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

(Ord. 12 § 6.3, 1966)

The following general rules shall be applicable to all public hearings by the council (except hearings on appeal which are not de novo hearings), and to all public hearings by the Scotts Valley Planning Commission until such time as separate rules are adopted by ordinance for planning commission public hearings:

A. No written communication received by the council or planning commission after the close of a public hearing shall be read or considered in determining the issue in question; unless prior to the close of such hearing, the presiding officer has specifically directed that such written communication be received.

B. Referral to committee for report.

1. Subject to the limitations hereafter set forth, the presiding officer may, and on hearings de novo on appeal to the council on zoning variances, adjustments and use permits the presiding officer shall, prior to close of the hearing, refer the matter to a committee for report and recommendation. The hearing shall be continued to such date as the report is ordered filed, and at that future time the continued hearing shall be restricted solely to the point raised in the committee report, and thereafter shall be closed.

2. No matter the subject of a public hearing shall be referred to committee nor a report therefrom considered by the council or planning commission after a public hearing is closed, unless the same is reopened on rendition of the report for the limited purpose, however, of discussing the report.

3. Any matter referred to committee for report may be acted on without such report if the same is not rendered at the time required.

C. Whenever in the approval of a tentative subdivision map or building site, the granting of a zoning variance or adjustment, or of a use or architectural and site control permit, conditions are imposed or to be imposed, a reasonable opportunity shall be provided the applicant to discuss such proposed conditions and the effect thereof prior to the imposition of the same.

"Reasonable opportunity" for the purposes of this section shall mean as follows:

1. Where the matter is referred to committee prior to action thereon, the committee shall discuss any proposed conditions with a representative of applicant prior to rendition of the report. A copy of such report shall be filed with the city clerk, or secretary of the planning commission at least three days prior to the date of the continued hearing; or

2. Where the public hearing is closed and action taken directly thereon by the council or planning commission without committee report, after a motion to approve with conditions and before a second to said motion, a single representative of applicant may address the council and briefly discuss the proposed conditions; or

3. Such other reasonable method in lieu thereof as may be ordered by the presiding officer.

D. In all other respects the rules for addressing the council shall be applicable to public hearings.

(Ord. 12 § 7.1, 1966)

A. All public hearings before the city council shall commence at 6:30 p.m. on the meeting date in question or as soon thereafter as the course of business permits, regardless of position on the agenda.

B. Notwithstanding the provisions of subsection A. of this section, the presiding officer with the consent of the majority of the councilmembers present may designate an earlier or later time for commencement of a particular public hearing to be held at any succeeding meeting of the council. All public hearings shall be duly noticed as required by law.

(Ord. 12.4 §§ 1, 2, 1990; Ord. No. 12.5, § 1, 4-16-2008)

Hearings de novo on appeal shall be conducted in the same manner as required for the original hearing before the planning commission. On other than de novo hearings, no member of the public may address the council save for one speaker for the appellant and one for the respondent, with a limitation of fifteen minutes per side in total. These limitations may be modified, changed or suspended by resolution of the council at any time.

(Ord. 12 § 7.2, 1966)

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 proceedings or the pace of the council nor disturb any member while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise herein provided.

(Ord. 12 § 8.1, 1966)

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

(Ord. 12 § 8.2, 1966)

While the council is in session, any person who acts in a disorderly, contemptuous or insolent manner towards the council or any council member thereof, or who becomes boisterous while addressing the council or any council member thereof, which conduct tends to interrupt the due course of the 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 Sections 2.28.240 through 2.28.280 of this chapter, or any order of the presiding officer made in accord with the authority of this chapter shall be guilty of a misdemeanor.

(Ord. 12 § 8.3, 1966)

The chief of police of the city and his deputies, or such one of them as shall be present, shall be sergeant at arms of the council meeting. He, or they, shall carry out all orders of the presiding officer for the purpose of maintaining order and decorum at the council meetings. Upon instructions from the presiding officer, it shall be the duty of the sergeant at arms, or any of them present, to place any person who violates the order or the decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of this ordinance, the complaint to be signed by the presiding officer.

(Ord. 12.2 § 2, 1966)

Any meeting may either be terminated, or continued to another time, place and/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, no meeting shall be terminated before closing all public hearings noticed for that meeting, without first continuing said public hearings to another time, place and date. Subject to the above, 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, or both of them, 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 council.

(Ord. 12 § 9.1, 1966)