Simi Valley Municipal Code Art. 1 Meetings

The regular meetings of the Council shall be held on Mondays at such times fixed annually by resolution in the Council Chambers of City Hall, or at such time and place as properly noticed pursuant to State law.

(§ 1612, S.V.M.C., as added by Ord. 81, and § 1, Res. 69-27, as amended by § 1, Ord. 468, eff. April 15, 1981; § 1, Ord. 572, eff. July 18, 1984 and § 1, Ord. No. 1199, eff. October 11, 2012)

All regular, adjourned, and special meetings of the Council, whether open or closed to the public, shall be noticed, conducted, and reported in a manner provided for, and deal only with those matters permitted by, Chapter 1 of Part 2 of Division 3 of Title 4 and Chapter 9 of Part 1 of Division 2 of Title 5 of the Government Code of the State and Division 8 of the Evidence Code of the State.

(§ 1, Res. 69-27, as amended by § 1, Ord. 452, eff. November 12, 1980, and § 1, Ord. 468, eff. April 15, 1981)

The Council may adjourn any meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or regular adjourned regular meeting, the City Clerk may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be given in the same manner as provided in Government Code Section 54956 for special meetings. A copy of the notice of the adjournment shall be conspicuously posted on or near the door of the place where the meeting was held within twenty-four (24) hours after the time of the adjournment.

(§ 2, Ord. No. 1199, eff. October 11, 2012)

A majority of the members of the Council shall be sufficient to do business, and motions may be passed by a two (2) to one vote if only three (3) members attend; provided, however, ordinances, resolutions granting franchises, and the payment of money shall require at least three (3) affirmative votes.

(§ 3, Res. 69-27)

Any matter for Council action or discussion at a regular or adjourned regular meeting of the Council shall appear on the regular agenda as a specific agenda item and shall be submitted to the City Clerk not later than 4:30 p.m. on the Wednesday preceding the meeting. Any matter not on the agenda shall be tabled until the next regular meeting, unless overridden by a four-fifths (4/5) vote of the Council.

(§ 10, Res. 69-27, as added by Res. 70-12)

All agenda and nonagenda items of the Council which have not been heard, or are not in the process of being heard, by 12:00 midnight on the evening of a regular or regular adjourned meeting of the Council shall be deferred until the next regular or regular adjourned meeting, unless overridden by a majority of the Council members at such meeting.

(§ 11, Res. 69-27, as added by Res. 71-62)

(a) The minutes shall be the concern of the Council until presented to the Council for approval. The Council may then, by motion, make such corrections as conform to fact.

(b) The minutes shall be a clear and concise statement of the action of the Council, including the motions made and the vote thereon. The reasons for making a motion, the Council debate, and the audience reaction are usually irrelevant and may be included or omitted as the Council may choose.

(c) Whenever the Council acts in a quasijudicial proceeding, such as zoning hearings, a summary of the testimony of the witnesses shall be completed and included in the minutes.

(d) The minutes shall reflect a "no objection" vote as "unanimously carried". Approval of the minutes shall be effected only by a voice vote or a roll call vote.

(§§ 5 and 9, Res. 69-27)

(a) Processing motions. When a motion is made and seconded, such motion shall be stated by the Mayor, or by the City Clerk at the direction of the Mayor, before debate. A motion once stated may not be withdrawn by the mover without the consent of the member seconding such motion and without the approval of the Council.

(b) Motions out of order. The Mayor, by a majority consent of the members of the Council, may at any time permit a member of the Council to introduce an ordinance, resolution, or motion out of the regular agenda order.

(c) Divisions of questions. If the question contains two (2) or more divisible propositions, the Mayor may, and upon the request of a member of the Council shall, unless appealed, divide the question.

(d) Precedence of motions. When a motion is before the Council, no motion shall be entertained except as follows:

(1) To adjourn the meeting;

(2) To fix the hour of adjournment of the meeting;

(3) To lay the matter on the table;

(4) For the previous question;

(5) To postpone the meeting to a certain day;

(6) To refer the matter;

(7) To amend the motion; or

(8) To postpone the matter indefinitely.

Such motions shall have precedence in the order indicated.

(e) Motions to adjourn the meeting (not debatable). A motion to adjourn the meeting shall be in order at any time, except as follows:

(1) When repeated without intervening business or discussion;

(2) When made as an interruption of a member while speaking;

(3) When the previous question has been ordered; and

(4) While a vote is being taken.

A motion to adjourn to another time shall be debatable only as to the time to which the meeting shall be adjourned.

(f) Motions to fix the hour of adjournment. The purpose of a motion to fix the hour of adjournment shall be to set a definite time at which to adjourn the meeting. Such motion shall not be debated or amended except as to the time set.

(g) Motions to table. The purpose of a motion to table a matter shall be to temporarily bypass the subject. A motion to lay on the table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be taken from the table at any time prior to the end of the next regular meeting.

(h) Motions for previous question. The purpose of a motion for a previous question shall be to close the debate on the main motion and shall be undebatable. The shouting of "Question" shall not accomplish the same thing. If the motion shall fail, the debate shall be reopened. If the motion shall pass, the Council shall vote on the main motion.

(i) Motions to amend. Motions to amend shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable. The amendment to the motion shall be voted on first; then the main motion, as amended, shall be voted on.

(j) Motions to postpone. Motions to postpone indefinitely shall be fully debatable. If a motion to postpone indefinitely is adopted, the principal question shall be declared lost. Motions to postpone to a definite time shall be amendable and debatable as to the propriety of the postponement and the time set. Motions to refer similarly shall not be debatable, except for the propriety of referring.

(§ 6, Res. 69-27)

(a) Procedure. On the passage of every motion, the vote shall be taken by voice or roll call and entered in full upon the record. Motions may be adopted by the "no objection" method, unless a Councilman prefers a voice or roll call vote.

The Council shall follow the roll call procedure for ordinances, resolutions for franchises, and orders for the payment of money. A roll call vote shall not be necessary for any other action unless a member of the Council shall demand such roll call vote.

Upon the demand of any member made before the negative has been put, the roll call shall be called for yeas and nays upon any question before the Council. It shall not be in order for members to explain their vote during the roll call. Any member may change his vote before the next order of business.

(b) Abstaining. Every member should vote unless disqualified for cause or by self disqualification and accepted by the vote of the Council or by the opinion of the City Attorney. No Councilman shall be forced to vote. The abstainer consents that a majority of the quorum may act for him.

(c) Tie votes. Tie votes shall be considered as lost motions and may be reconsidered later.

(§§ 4, 6 (part), and 9, Res. 69-27)

Any member of the Council who voted with the majority may move for a reconsideration of any action at the same meeting or have the reconsideration entered on the minutes for a vote at the next succeeding meeting providing no legal rights have intervened to create an estoppel. After a motion for a reconsideration has once been acted on, no other motion for a reconsideration thereof shall be made without unanimous consent.

(§ 6 (part), Res. 69-27)

The right of a Councilman to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are questioned or where the welfare of the Council is concerned. A Councilman may interrupt another speaker if the Mayor recognizes the privilege.

(§ 6 (part), Res. 69-27)

Any decision or ruling of the Mayor may be appealed to the Council as a whole by a request of any member of the Council. The Mayor shall call for a roll call vote to see if the chair shall be upheld. If the roll call vote loses, the decision or ruling of the Mayor shall be reversed.

(§ 6 (part), Res. 69-27)

(a) When a resolution has been prepared prior to a Council meeting and is available for presentation, the following procedure shall be used:

(1) A motion shall be made to adopt the resolution by reading the title only, if there is no objection.

(2) If there is no objection, the motion shall be seconded.

(3) There may be discussion of the motion.

(4) There shall be a voice vote.

(5) The result shall be declared.

Any member of the Council may call for a roll call vote or demand that the resolution be read in full.

(b) When a resolution has not been prepared prior to a Council meeting, the following procedure shall be used:

(1) A motion shall be made to adopt the resolution by reading the title only, if there is no objection.

(2) If there is no objection, the motion shall be seconded.

(3) If adopted, the City Attorney shall prepare such resolution for presentation to the Council.

(c) The procedure set forth in subsection (b) of this section may be waived in rush matters, and the resolution may be presented verbally in motion form, together with instructions for the written preparation thereof for later execution. In such event, the voting procedure set forth in subsection (a) of this section shall be used after the resolution has been verbally stated. This shortcut procedure should be avoided, except when it is absolutely necessary. The shortcut procedure should be avoided entirely when resolutions are required by law or for improvement acts, zoning matters, and force account work on public projects.

(d) Resolutions shall be effective upon their adoption.

(§ 7, Res. 69-27)

(a) Any ordinance may be read by title only at either or both of the first and second readings. Any member of the Council may demand a roll call vote on motions to read by title only. A vote to read the ordinance by title only shall be unanimous, otherwise the motion shall fail, and the ordinance shall be read in full.

(b) The following procedure shall be used for the passage of ordinances:

(1) A motion shall be made to introduce the ordinance for first reading. No second or vote shall be required at this time. After the first reading of an ordinance, no change may be made other than typographical errors and clerical corrections. When ordinances, other than urgency ordinances, are altered after introduction, they shall be reintroduced by a first reading.

(2) At least five (5) days after the introduction of the ordinance, the ordinance shall be again read, either in full or by title only, and shall be adopted in accordance with the following procedures:

(i) A motion shall be made to adopt the ordinance.

(ii) The motion shall be seconded.

(iii) There may be discussion of the motion.

(iv) There shall be a roll call vote.

(v) The result shall be declared based upon the number of affirmative votes required by law.

(c) If any urgency ordinance is introduced for adoption and shall fail to receive an affirmative vote of four-fifths (4/5) of the members of the Council, such ordinance shall be treated as if it had not been read as an urgency enactment. Urgency ordinances shall become effective immediately and shall thereafter be published in the manner prescribed by law.

(d) All ordinances, except urgency ordinances, shall become effective on 12:01 a.m. of the thirty-first (31st) day after their adoption and shall be published or summarized for publication and posted in the manner prescribed by law.

(§ 8, Res. 69-27, as amended by § 2, Ord. 452, eff. November 12, 1980)

The meeting agenda of the Council shall include a consent calendar which shall consist of information, purchase or bid authorizations, acceptances of bids or projects, permit approvals, routine or confirming resolutions, and other usual and routine items of business, not including ordinances. The adoption or approval of all items on the consent calendar may be accomplished by one motion passed on a roll call vote.

All items placed on the consent calendar shall be supported, as necessary, by documentation relative to each item, which documentation shall be made available to the public. The documentation shall normally be in the nature of a staff report and shall include a specific and concise recommendation relative to the requested Council action. By the approval of the consent calendar, the action recommended shall be deemed the action taken by the Council.

(§ 11, Res. 69-27, as added by Res. 75-29, as amended by § 3, Ord. 452, eff. November 12, 1980)