Chapter 2.04 — CITY COUNCIL

Each member of the city council shall receive compensation, commencing pursuant to applicable law, on January 1, 2024, pursuant to Government Code Sections 36516 and 36516.5 and any subsequent amendments and/or substitutions thereto as follows:

A monthly salary of $950 per month, plus coverage of the councilmember under the city of Susanville's health insurance plan provided said health insurance benefits are available to and paid by the city for its employees.

(Prior code § 2.1-1; Ord. 01-872 § 2, 2001; Ord. 24-1043, 9/18/2024)

This chapter shall establish the council procedure regulations of the city. It shall apply to all regular and special meetings of the city council, and in addition, Sections 2.04.030 , 2.04.060 , 2.04.090 , 2.04.100(A) , (B) and (D) , 2.04.110 through 2.04.180 inclusive, shall apply to all meetings of the city planning commission, parks and recreation commission and airport commission. When applied to committees, "council" shall mean "commission," "councilmember" shall mean "commission member," "mayor" shall mean "chair," "mayor pro tem" shall mean "vice chair," and "clerk" shall mean "secretary." References to ordinances apply only to city council. References to "public hearings" apply only to the city council and the planning commission.

• A. "Meeting" means the gathering together of a majority of the members of the city council at the time and place established by ordinances, resolution, or motion, for regular or adjourned 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; to make decisions, commitments or promises by a majority of the council or by actual vote by a majority of the vote of the council when sitting as a body or entity upon a motion, proposal, resolutions, order or ordinance.

• B. All such meetings shall be open to the public; provided, however, the city council may hold closed sessions as authorized by state law.

• C. No other gathering of the persons who constitute the city council or any portion thereof, shall be considered a meeting.

• D. 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.

• E. If at any time the legislature of the state or the final decision of an appellate court of the State should define a meeting of the city council other than as set forth in this section, such legislative or final judicial definition shall thereafter supersede the definition set forth in this section.

• F. A majority of the full membership of the council shall constitute a quorum.

• G. A councilmember present but abstaining shall be counted for purposes of constituting a quorum.

• H. A councilmember disqualified from voting by law shall not be counted for purposes of constituting a quorum.

• (Ord. 01-872 §§ 1, 3, 2001)

Failure to observe the rules set forth in this chapter shall not invalidate any action taken which is otherwise lawful but defective only for failure to follow the procedure outlined in this chapter. (Ord. 01-872 § 3, 2001)

The city council shall hold regular meetings in the council chambers of the City Hall, 66 North Lassen Street in the city, or at such other place as may be determined by the council on the first and third Wednesdays of each month at four-thirty p.m. When the day for each regular meeting of the council falls on a holiday as defined in California Government Code Section 6700 et seq., no meeting shall be held on such holiday, but a regular meeting shall be held at four-thirty p.m. on the following day, or at such time and place as may be previously established by the council. (Ord. 01-872 § 3, 2001; Ord. 06-937 § 1, 2006; Ord. 07-943 § 1, 2007; Ord. 07-944 § 1, 2007; Ord. 20-1031 § 1, 2020)

Special meetings shall be held and noticed as set forth in Section 54956 of the Government Code, or any subsequent amendments thereto or replacements thereof. (Ord. 01-872 § 3, 2001)

• A. 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 completed, acted on or concluded. Notwithstanding the above, no meeting shall be terminated before closing all public hearings noticed for that meeting or without first continuing such 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.

• B. If less than a majority of the council appears at a regular meeting, any member or, if all members are absent, the city clerk, shall adjourn the meeting to a stated day and hour. The city clerk shall cause notice of the new date and time to be delivered to each councilmember at least three hours before the new meeting and posted at City Hall within 24 hours after the time of the adjournment.

• (Ord. 01-872 § 3, 2001)

• A. All reports, communications, ordinances, contract documents or other matters, including basic fact and matters pertinent thereto which have been submitted for the agenda should be distributed to the city council no later than 5:00 p.m. of Friday before any Wednesday meeting or 72 hours prior to any council meeting, whichever is shorter. Upon distribution to the council, the agenda materials shall become public records available to the public, except for confidential legal opinions and closed session materials. The agenda shall be posted in accordance with Government Code Section 54954.2(a) .

• B. The business of the council shall be taken up for consideration and disposition in the following order:

  1. Call meeting to order;

  2. Roll call;

  3. Approval of the agenda;

  4. Public comment regarding closed session items (if any);

  5. Closed session;

  6. Return to open session;

  7. Recess if necessary;

  8. Reconvene in open session at 5:00 p.m.;

  9. Pledge of allegiance;

  10. Invocation;

  11. Awards or presentations by the city council;

  12. Business from the floor;

  13. Consent calendar;

  14. Public hearings;

  15. Council items;

  16. New business;

  17. Susanville planning commission at 5:30 p.m.;

  18. Susanville community development agency;

  19. Susanville municipal energy corporation;

  20. Continuing business;

  21. City manager's reports;

  22. Council items;

  23. Adjournment.

The regular order of business may be changed or suspended for any purpose at any particular meeting by the mayor with the consent of the majority of the council members present. (Ord. 01-872 § 3, 2001; Ord. 06-937 § 1, 2006; Ord. 20-1025 § 1, 2020; Ord. 24-1045, 11/6/2024; Ord. 25-1049, 11/5/2025)

Whenever a public hearing must be held pursuant to any provision of law, the city council shall observe the following procedural requirements:

• A. A public hearing shall be opened by the mayor.

• B. Once opened, the city staff shall present their reports, comments and responses to council inquiries on the subject of the public hearing.

• C. Public testimony on the matter shall be invited and heard; the council and staff may comment on the public testimony.

• D. The public hearing shall be closed by the mayor.

• E. After the public hearing is closed, the city council and staff may discuss the matter, but no new information may be introduced unless the public hearing is reopened. A public hearing may only be reopened at the meeting where the public hearing occurred, and then only upon a motion of a member of the city council, approved by a majority vote, and only if all persons who spoke during the hearing are still present.

• F. The city council shall take action on the subject matter of the public hearing. (Ord. 01-872 § 3, 2001)

• A. Tape recordings, word processors, electronic aids, and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds or symbols, or combination thereof, and notes, papers, magnetic or paper tapes, magnetic or punched cards, discs or drums may be used by the city clerk for the sole purpose of facilitating the preparation of the minutes of the city council meeting and not for preserving its information content for public reference.

• B. Nothing in this section shall be construed to replace the provisions of Government Code Section 54953.5 .

• C. Unless the reading of the minutes of a council meeting is requested by a member of the council, such minutes may be approved as a consent item.

• D. No minutes or written record of closed sessions of the city council shall be kept except as required by state law or as directed by majority vote of the city council. The council shall report at a public meeting any action taken in closed session, as required by Government Code Section 54957.1 .

• (Ord. 01-872 § 3, 2001)

• A. Unless otherwise required by law, voting shall be conducted by voice vote. When a member of the council votes to "abstain," such member shall audibly state the reason for abstaining.

• B. When the council is voting by voice vote, an affirmative vote shall be registered by the oral statement of "yes" or "aye" by the councilmember voting, or by a show of hand in the case of a councilmember who is unable to speak; provided, however, that as to councilmembers who are able to speak, silence shall be recorded as an affirmative vote. A negative vote shall be

registered by the oral statement "no" or "nay" by the councilmember voting or by a show of hand in case of a councilmember who is unable to speak.

• C. Ordinances shall be voted by roll call vote as announced by the city clerk. All ordinances, resolutions and other matters submitted to the council shall be passed or defeated by a majority vote of the council unless a greater number of votes may be required by law. The word "majority" means three votes. In instances where a majority vote cannot be obtained and there have been no abstentions on the item and no additional action is taken, such matter shall automatically be added to the next agenda of the council.

• D. Any abstention shall be accompanied by a statement of the legally authorized reason for the abstention; an abstention not authorized by law shall constitute an affirmative vote.

• (Ord. 01-872 § 3, 2001)

• A. The presiding officer of the council shall be the mayor, or, when absent, the mayor pro tem.

• B. Said officer shall take the chair at the hour appointed for the meeting, and shall immediately call the council to order.

• C. In the absence of the mayor and mayor pro tem, the city clerk shall call the council to order, whereupon a temporary presiding officer shall be elected by the members of the council present.

• D. Upon arrival of the mayor or/mayor pro tem, 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 chapter the term "mayor" is used, it shall apply equally to the presiding officer as defined in this section. The mayor shall have a vote but no veto power, and may move, second and debate from the chair. In the event of the taking of a roll call for the purpose of voting or otherwise, the mayor's name shall be called last.

• (Ord. 01-872 § 3, 2001)

• A. The mayor shall sign all ordinances, resolutions, contracts, and other documents necessitating said officer's signature; shall preserve strict order and decorum at all regular and special meetings of the council; shall state, or call upon the clerk to state, the question before the council to be voted upon; shall call for the vote and announce the decision of the council on all subjects; shall decide all questions of order, subject, however, to an appeal by the council or any councilmember, in which event a majority vote of the council shall govern and conclusively determine such question or order, shall have and exercise such other powers and duties as are authorized by law.

• B. The mayor shall have power, authority and discretion, without a vote of the council to:

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

  2. Set time limits on any communication from members of the public to the council; in no event shall any individual public communications exceed five minutes without the consent of a majority of the council present;

  3. Declare the opening of a public hearing;

  4. Rule any motion on a subject not on the agenda as being out of order, in which case the motion shall thereafter be void;

  5. Table any motion on any matter until the next regular or special council meeting whenever the city attorney advises that there is a question as to the validity or constitutionality of the particular proposed course of action which is the subject matter of such motion;

  6. May require any witness testifying to facts at any adjudicatory public hearing to be sworn before proceeding further with any such testimony;

  7. Rule any speaker out of order, terminate any communication with the council from a member of the public and/or declare a recess in order to establish order to any meeting. The mayor shall not be deprived of any of the rights and privileges of a councilmember by reason of being mayor or acting as the presiding officer.

• (Ord. 01-872 § 3, 2001)

• A. Every councilmember desiring to speak shall address the chair. Upon recognition by the mayor, a councilmember shall speak only to the question under debate.

• B. A member, once recognized, shall not be interrupted when speaking except to be called to order, or as otherwise provided in this chapter. If a member is called to order while speaking, said member shall cease speaking until the question of order is determined; if in order, said member shall be permitted to proceed.

• C. The councilmember moving the adoption of an ordinance, resolution or council action shall have the privilege of being the final speaker.

• (Ord. 01-872 § 3, 2001)

• A. A motion to reconsider any action taken by the council may be made only at the meeting at which such action was taken. Such motion must be made by a member of the prevailing side. The motion shall be subject to debate. No member of the council may make or remake the same or any other motion at a subsequent meeting of the council, if the subject matter of such motion, or such motion, has been previously tabled.

• B. A motion to table takes precedence over all other motions and shall be subject to debate. When a motion to table is passed, the matter so tabled shall not again be considered by the council unless such matter is taken from the table by a majority vote of the council.

• C. A matter once tabled shall not be placed on the agenda nor discussed unless a member who had voted to table such matter requests the council to have such matter taken from the table, or requests the clerk to place such matter on the agenda for the purpose of determining whether or not such matter shall be taken from the table.

• (Ord. 01-872 § 3, 2001; Ord. 20-1027 § 1, 2020)

• A. Except as otherwise provided in this chapter, proceedings of the council shall be governed by Rosenberg's Rules of Order. In the event of a dispute concerning procedural matters not specifically covered in this chapter, the majority vote of the council shall prevail.

• B. Rules adopted to expedite the transaction of business of the council in an orderly fashion are deemed to be procedural only, and the failure to strictly observe such rules shall not affect the

jurisdiction of the council or invalidate any action taken at a meeting that is otherwise held in conformity with the law.

(Ord. 01-872 § 3, 2001; Ord. 20-1027 § 1, 2020)

• A. Any person desiring to address the council shall first obtain permission of the mayor. Unless the mayor rules otherwise, any person shall have the right to address the council upon obtaining recognition from the mayor to speak subject to the following:

  1. Public Hearings. Interested persons or their authorized representative may address the council orally or in writing relating to matters which are then subject to a public hearing. The order of presentation and the time thereof shall be under the direction and control of the mayor.

  2. Written Communications. Interested parties or their authorized representatives may address the council by written communication with regard to matter with which they are concerned and are then the subject of council discussion. When copies of such communications are furnished each councilmember present, such written communication shall not be read aloud at the meeting unless so ordered by a majority vote of the Council. Written communications from the administrative staff shall not be read aloud unless requested by the writer or any councilmember.

  3. Oral Communications.

     • a. Any person may address the council by oral communications with regard to any cityrelated matters with which such person is concerned and is then the subject of council discussion. Preference shall be given to those persons who have first notified the city in writing of their desire to speak.

     • b. Each person addressing the council shall speak into the microphone at the speaker's podium when the same are in use, shall state his or her name and address in an audible tone of voice for the record, and unless further time is granted by the mayor, shall limit the address to three minutes. All remarks shall be addressed to the council as a body, and not to any member thereof. No person other than the 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 mayor. No person shall address or question a councilmember, the city attorney, the manager, or other official without the prior consent of the mayor.

  4. Except for public comments under "business from the floor," the mayor shall not permit any communication, written or oral, to be made or submitted unless such communication addresses the agenda item then under discussion.

• B. After a motion is made by a councilmember, no person shall address the council without first securing the permission of the mayor and council to do so.

• C. Anonymous communications shall not be considered, nor placed on the agenda.

• D. When any identifiable group of persons, as opposed to the general public at large, wishes to address the council on the same agenda item, the mayor shall have the discretion to request that a spokesperson be chosen by said group to address the council. If additional issues are to be presented at the hearing by any other member of such group, the mayor may limit the number of persons and the time periods to address the council, so as to avoid unnecessary repetition of issues before the council.

• (Ord. 01-872 § 3, 2001; Ord. 24-1045, 11/6/2024)

• A. While the council is in session, all persons shall preserve the order and decorum of the session. The standards of order and decorum shall be governed by common sense.

• B. All persons must conduct themselves in a manner consistent with good taste and generally accepted standards of appropriate behavior. Any person making slanderous remarks, or who engages in conduct that interrupts the due course of the meeting shall be forthwith removed from further audience before that session of the city council by the mayor, unless permission to continue is granted by majority vote of the council.

• C. Any person who does not comply with the above rules or who otherwise disrupts the orderly course of the meeting is guilty of an infraction and may be called out of order by the mayor and barred from further audience before that session of the council.

• (Ord. 01-872 § 3, 2001)