Shasta Lake Municipal Code Ch. 2.04 City Council

The city council shall be the legislative body with exclusive and original jurisdiction to interpret and govern all matters described and/or set forth within the city of Shasta Lake interim general plan and all ordinances, resolutions, codes, and other regulatory directives adopted previously by this council by reference, or currently applicable to any activity, event, request, forbearance and/or issue raised of any nature within the boundaries of the city of Shasta Lake.

(Ord. 93-13)

Each member of the city council shall be entitled to a stipend (salary) and benefits as follows:

A. Each member shall receive a salary of nine hundred fifty dollars ($950.00) per month;

B. Each city council member shall be eligible to participate in the health, welfare and retirement programs of the city.

1. A city council member may choose to become a part of the city's health care plan. The city will pay one hundred (100%) percent of the premium that it pays for management employees including dental and vision premiums for the city council members only.

2. If a council member chooses to cover a spouse or family member they may do so, however the council member will reimburse the city for any additional costs of any selection in excess of self-coverage only as indicated above.

(Ord. 06-176 § 1: Ord. 06-172 § 1: Ord. 02-144 § 1: Ord. 93-10 § 1)

(Ord. No. 23-299, § 2, 9-5-2023)

Regular meetings of the city council of the city of Shasta Lake shall be held, without further notice, at such location as specified by resolution establishing the day, time, or location for meetings of the city council.

(Ord. 97-80 § 1: Ord. 93-07 § 1)

A. All meetings will be conducted and all business carried out during the course of all meetings in accordance with all applicable city, county, state, and federal laws and regulations to the best ability of the city council members.

B. All meetings will be conducted in accordance with the following rules of conduct:

1. Obtaining the Floor. Any member of the council wishing to speak must first obtain the floor by being recognized by the chair. The chair must recognize any council member who seeks the floor when appropriately entitled to do so.

2. Motions. The mayor or any member of the council may bring a matter of business before the council by making a motion. Before the matter can be considered or debated, it must be seconded. Once the motion has been properly made and seconded, the chair shall open the matter for debate offering the first opportunity to debate to the moving party and, thereafter, to any council member properly recognized by the chair. Once the matter has been fully debated and the chair calls for a vote, no further debate will be allowed, provided however, council members may be allowed to explain their vote.

3. Voting. All council members present at a meeting when a question comes up for a vote, shall vote for or against the measure unless he or she is disqualified from voting and abstains because of such disqualification. If the vote is a voice vote, the chair shall declare the result and note for the record all "aye" votes and all "no" votes. The council may also vote by roll call vote, ballot or voting machine. Regardless of the manner of voting, the results reflecting all "ayes" and "noes" must be clearly set forth for the record.

4. Procedural Rules of Order. Once the main motion is properly placed on the floor, several related motions may be employed in addressing the main motion. These motions take precedence over the main motion, and if properly made and seconded, must be disposed of before the main motion can be acted upon. The following motions are appropriate and may be made by the mayor or any council member at any appropriate time during the discussion of the main motion. They are listed in order of precedence. The first three subsidiary motions are nondebatable; the last four are debatable.

a. Lay on the Table. Any council member may move to lay the matter under discussion on the table. This motion temporarily suspends any further discussion of the pending motion without setting a time certain to resume the debate. It must be moved and seconded and passed by a majority vote. In order to bring the matter back before the council, a member must move that the matter be taken from the table, seconded, and passed by a majority. A motion to take from the table must be made at the same meeting at which it was placed on the table or at the next regular meeting of the council. Otherwise the motion that was tabled dies, although it can be raised later as a new motion.

b. Move Previous Question. Any council member may move to immediately bring the question being debated by the council to a vote, suspending any further debate. The motion must be made and seconded without interrupting one who already has the floor.

c. Limit or Extend Limits of Debate. Any council member may move to put limits on the length of debate. The motion must be made and seconded and requires two-thirds vote of the council to pass.

d. Postpone to a Time Certain. Any council member may move to postpone the pending question to a time certain. This motion continues the pending main motion to a future date as determined by the council at the time the motion is passed. The motion must be seconded and requires a majority vote for passage.

e. Commit or Refer. Any council member may move that the matters being discussed should be referred to a committee or commission for further study. The motion must be seconded and requires a majority vote for passage. The motion may contain directions for the committee or commission, as well as a date upon which the matter will be returned to the council's agenda. If no date is set for returning the item to the council agenda, any council member may move, at any time, to require the item be returned to the agenda. The motion must be seconded and a majority vote is required for passage if the item is to come back at a future date certain.

f. Amend. Any council member may amend the main motion or any amendment made to the main motion. Before the main motion may be acted upon, all amendments and amendments to amendments must first be acted upon. A motion to amend must be seconded and requires a majority vote for passage. An amendment must be related to the main motion or amendment to which it is directed. Any amendment which substitutes a new motion rather than amending the existing motion is out of order and may be so declared by the chair.

g. Postpone Indefinitely. Any council member may move to postpone indefinitely the motion on the floor, thus avoiding a direct vote on the pending motion and suspending any further action on the matter. The motion must be seconded and requires a majority vote for passage.

(Res. 93-45 § 1)

The following actions by the council are to insure orderly conduct of meetings and for the convenience of the mayor and council members. These motions take precedence over any pending main or subsidiary motion and may or may not be debated as noted.

A. Call for Orders of the Day. Any council member may demand that the agenda be followed in the order stated therein. No second is required and the chair must comply unless the council, by two-thirds vote, sets aside the orders of the day.

B. Question of Privilege. Any council member, at any time during the meeting, may make a request of the chair to accommodate the needs of the council or his or her personal needs for such things as reducing noise, adjust air conditioning, ventilation, lighting, etc. Admissibility of question is ruled on by the chair.

C. Recess. Any council member may move for a recess. The motion must be seconded and a majority vote is required for passage. The motion is debatable.

D. Adjourn. Any council member may move to adjourn at any time, even if there is business pending. The motion must be seconded and a majority vote is required for passage. The motion is not debatable.

E. Point of Order. Any council member may require the chair to enforce the rules of the council by raising a point of order. The point of order shall be ruled upon by the chair.

F. Appeal. Should any council member be dissatisfied with a ruling from the chair, he or she may move to appeal the ruling to the full council. The motion must be seconded to put it before the council. A majority vote in the negative or a tie vote sustains the ruling of the chair. The motion is debatable and the chair may participate in the debate.

G. Suspend the Rules. Any council member may move to suspend the rules if necessary to accomplish a matter that would otherwise violate the rules. The motion requires a second and a two-thirds vote is required for passage.

H. Division of Question. Any council member may move to divide the subject matter of a motion which is made up of several parts in order to vote separately on each part. The motion requires a second and a majority vote for passage. This motion may also be applied to complex ordinances or resolutions.

I. Reconsider. Except for votes regarding matters which are quasi-judicial in nature or matters which require a noticed public hearing, the council may reconsider any vote taken at the same session, but no later than the same or next calendar day, to correct inadvertent or precipitant errors, or consider new information not available at the time of the vote. The motion to reconsider must be made by a council member who voted on the prevailing side, must be seconded and requires a majority vote for passage, regardless of the vote required to adopt the motion being reconsidered. If the motion to reconsider is successful, the matter to be reconsidered takes no special precedence over other pending matters and any special voting requirements related thereto still apply. Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again at the same meeting.

J. Rescind, Repeal or Annul. The council may rescind, repeal or annul any prior action taken with reference to any legislative matter so long as the action to rescind, repeal or annul complies with all the rules applicable to the initial adoption, including any special voting or notice requirements or unless otherwise specified by law.

K. Authority of the Chair. Subject to appeal, the chair shall have the authority to prevent the misuse of the legitimate form of motions, or the abuse of privilege of renewing certain motions, to obstruct the business of the council by ruling such motions out of order. In so ruling, the chair shall be courteous and fair, and should presume that the moving party is making the motion in good faith.

(Res. 93-45 § 2)

Matters which are required to be heard at a noticed public hearing shall be conducted in the following manner.

A. Time for Consideration. Matters noticed to be heard by the council shall commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made.

B. Continuance of Hearings. Any hearing being held or noticed or ordered to be held by the council at any meeting of the council may, by order or notice of continuance, be continued or re-continued to any subsequent meeting in the manner provided herein for adjourned meetings; provided, that if the hearing is continued to a time less than twenty-four (24) hours after the time specified in the order of notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or notice of continuance was adopted or made.

C. Public Discussion at Hearings. When a matter for public hearing comes before the council, the mayor shall open the public hearing. Upon opening the public hearing and before any motion is adopted related to the merits of the issue to be heard, the mayor shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present evidence respecting the matter. Any person desiring to speak or present evidence shall make his or her presence known to the mayor and upon being recognized by the mayor, the person may speak or present evidence relevant to the matter being heard. No person may speak without first being recognized by the mayor. Members of the council who wish to ask questions of the speakers or each other, during the public hearing portion may do so but only after first being recognized by the mayor. The mayor shall conduct the meeting in such a manner as to afford due process.

All persons interested in the matter being heard by council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the city clerk as part of the clerk's record. Time limits may be established by the council, limiting the duration of presentations as set forth in these rules. No person shall be permitted during the hearing, to speak about matters or present evidence which are not germane to the matter being considered. A determination of relevance shall be made by the mayor, but may be appealed as set forth in these rules.

D. Consideration of Question by Council. After all members of the public desiring to speak upon the subject of the hearing have been given an opportunity to do so, the public hearing shall be closed by the mayor and the council may consider what disposition they wish to make of the question or questions presented at the hearing. No member of the public shall be allowed, without consent of the mayor, to speak further on the question during this period of deliberation, although the council members may ask questions of the speakers if so desired. At the conclusion of council discussion, and appropriate motion having been made and seconded, the council shall vote on the matter.

(Res. 93-45 § 3)

A. At the first regular meeting of December of each year, the city council will choose one council member to act as mayor and one member to act as mayor pro tempore of the city council, to serve until the first regular meeting of December of the succeeding year.

B. The mayor of the city council shall preside over, preserve order and decorum, and announce each action of the city council at all meetings. Motions shall be made in accordance with Section 2.04.040(B)(2) of this chapter.

(Ord. 06-177 § 1 (part); Ord. 00-120 § 1: Res. 93-45 § 4)

A. The agenda for the meeting shall consist of a consent calendar, with those items which, in the city clerk's opinion, do not require discussion (individual items of business, and itemization of current projects and subjects) with reports of progress or no progress to report), and a period of time for comment by the city council, staff, and public.

B. The item of business, and supporting material, will be placed on the agenda for each meeting under the direction of the mayor and/or the city manager.

C. All items of business, including supporting material, which will be placed on the agenda for the following regular meeting of the city council, must be delivered to the city clerk by twelve noon on Wednesday before the next meeting.

D. Subject to the provisions of Government Code Section 54954.2, after posting of the agenda, no additional items are to be added before the next regular meeting except items determined by the mayor and/or city manager to be of an emergency nature.

E. With the exception of city officials and employees, persons requesting a place on the agenda must state, in writing, the matter which they wish to discuss, including a substantial statement outlining the information which they intend to present to the city council. This request must be given to the city clerk no later than Wednesday prior to the regular meeting as set forth in previous items.

F. Those persons having an item of business on the agenda, and wishing to have the item continued to a subsequent meeting must, by written request to the city clerk prior to the meeting, request the continuance, stating the reasons for the request.

G. The clerk will assemble all requests or appearances on the agenda so that all similar matters will be placed as one item on the agenda and be heard at the same time at a regular meeting of the city council. Notice shall be given to those persons having a place on the agenda, the meeting date and approximate time their matter will be heard.

H. The agenda containing a brief general description of each item of business, shall be posted seventy-two (72) hours before a regular meeting in a conspicuous location accessible to the public, and shall contain the time and location of the regular meeting. Citizens or organizations wishing copies for their use shall be charged the fees adequate to cover the cost of providing copies; if mailed there will be a charge for the necessary postage. The agenda with supporting material, will be prepared and distributed to all officers, city council members, and administrative staff normally in attendance at regular meetings by four p.m. each Friday before the next regular meeting and shall be available at City Hall for review by the public before the regular meeting.

I. At all meetings of the city council, other than formal public hearings, those persons recognized by the mayor to address the city council, subject to the discretion of the mayor, must each present different and relevant information.

J. The clerk shall keep the records of the proceedings of the meetings.

K. The clerk will publish legal advertisements, and will give public notice of meetings as follows: (a) regular meetings: mailed notice to property owners with written requests on file one week prior to the meetings; (b) special meetings: mailed notice to property owners with written request on file one week prior to the meeting, or such notice as it deems practical, of special meetings called less than seventy-two (72) hours prior to the date for the meeting; (c) adjourned meetings: notice shall be given in the same manner as for special meetings.

(Ord. 06-177 § 1 (part); Res. 93-45 § 5)