Tehachapi Municipal Code Ch. 2.08 City Council

A. Regular meetings of the council shall be held on the first and third Monday of each month at a time to be determined by resolution duly adopted by the council. In case Monday falls upon a legal holiday, then the regular meeting which otherwise would have occurred on that day shall be held on the first business day thereafter at the time previously determined by resolution of the council. In case Monday falls on Christmas Eve or New Year's Eve, then the regular meetings which otherwise would have occurred on that day shall be held on the first business day thereafter at the hour determined by resolution of the council.

B. Place. All regular meetings of the council shall be held in the council chambers at City Hall, located at 115 South Robinson Street, Tehachapi, California.

(Ord. 98-09-643 § 1, 1999; Ord. 87-09-540 § 2, 1987; Ord. 357 § 1, 1970)

A. A special meeting may be called at any time by the mayor or by three members of the city council, by delivering personally or by mail written notice to each member of the city council, and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting, as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the council.

B. Such written notice may be dispensed with as to any member who, at or prior to the time the meeting convenes, files with the city clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes.

(Ord. 357 § 2, 1970)

The city clerk shall prepare an agenda of the council proceedings, which agenda shall be prepared in accordance with the order of business, and shall furnish each member of the council, the city engineer, and the city attorney with a tentative agenda prior to the council meeting and at least twenty-four hours in advance of the meeting time.

(Ord. 357 § 3, 1970)

The presiding officer of the council shall be the mayor, who shall be elected biannually at the first meeting of each even-numbered year by the council members, from among their membership, except that the outgoing mayor may not succeed himself or herself; provided, however, that should the mayor be subject to reelection during his or her term as the mayor and either not seek reelection or otherwise fail to be reelected, then the council shall elect a new mayor following the election and, thereafter, the mayor shall be elected biannually at the first meeting following an election of council members and shall be elected by the council members from among their membership, except that the outgoing mayor may not succeed himself or herself.

(Ord. 05-02-677 §1, 2005: Ord. 357 §4(a), 1970)

The mayor or, in his absence, the mayor pro tem, 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 tem, the city clerk shall call the council to order, whereupon a temporary chairman shall be elected by the members of the council present. Upon the arrival of the mayor or mayor pro tem, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the council.

(Ord. 357 §4(b), 1970)

Before proceeding with the business of the council, the city clerk shall call the roll of the members, city engineer and city attorney, and the names of those present shall be entered in the minutes.

(Ord. 357 §4(c), 1970)

A majority of all the members elected to the council shall constitute a quorum at any regular or special meeting of the council.

(Ord. 357 §4(d), 1970)

All meetings of the council shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the members of the council, the mayor, the city clerk, the city engineer, and the city attorney shall take their regular stations in the Council Chambers, and the business of the council shall be taken up for consideration and disposition in the order that the council shall establish by resolution.

(Ord. 83-12-494 §8, 1983: Ord. 357 §4(e), 1970)

The clerk will read the minutes of the previous council meeting at each council meeting. By a majority vote of the council, such reading of the minutes may be dispensed with, provided the clerk has previously furnished each council member with a copy thereof.

(Ord. 357 §4(f), 1970)

Except as otherwise provided in this chapter, the latest edition of Robert's Rules of Order shall govern the conduct of the meetings of the council.

(Ord. 357 §6(e), 1970)

A. Presiding Officer May Debate and Vote. The mayor or mayor pro tem, or such other member of the council as may be presiding, may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges of a councilman by reason of his acting as the presiding officer.

B. Getting the Floor—Improper References. Every 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.

C. Interruptions. 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 is called to order, he shall cease speaking until the question of order is determined, and if in order he shall be permitted to proceed.

D. Privilege of Closing Debate. The councilman moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.

E. Remarks of Councilmen—Entered in Minutes When. A councilman may request, through the presiding officer, the privilege of having a written 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.

(Ord. 357 § 3(g), 1970)

Any person desiring to address the council shall first secure the permission of the presiding officer so to do; provided, however, that under Sections 2.08.130 through 2.08.180, 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.

(Ord. 357 § 3(h)(part), 1970)

Interested parties or their authorized representatives may address the council by written communications in regard to matters then under discussion.

(Ord. 357 § 3(h)(1), 1970)

Taxpayers or residents of the city, or other interested parties, or their authorized legal representatives, may address the council by oral communications on any matter concerning the city's business, or any other matter over which the council has control, provided that preference shall be given to taxpayers or residents of the city of Tehachapi, or their authorized legal representatives, and to those persons who may have notified the city clerk in advance of their desire to speak, in order that the same may appear on the agenda of the council.

(Ord. 357 § 3(h)(2), 1970)

Interested persons or their authorized representatives may address the council by reading of protests, petitions, or communications relating to zoning, sewer and street proceedings, hearings on protests, appeals and petitions, or similar matters, in regard to matters then under consideration.

(Ord. 357 § 3 (h)(3), 1970)

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

(Ord. 357 § 3(h)(4), 1970)

Each person addressing the council shall stand up and shall give his or her name and state whether or not he or she resides within the city and, if he or she does not reside in the city, to give the name of the city or describe generally the unincorporated area where he or she resides. If any such person is seeking a reply to his or her comment from the city, he or she shall provide the city clerk with his or her contact information. 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 presiding officer. No question shall be asked a councilman except through the presiding officer.

(Ord. 07-01-686 § 1, 2007; Ord. 357 § 3(h)(5), 1970)

Any member shall have the right to have the reasons for his dissent from, or protest against, any action of the council entered on the minutes.

(Ord. 357 § 3(h)(6), 1970)

All ordinances shall be prepared by the city attorney.

(Ord. 357 § 6(a), 1970)

All ordinances, resolutions and contract documents shall, before presentation to the council, have been approved as to form and legality by the city attorney or his authorized representative.

(Ord. 357 § 6(b), 1970)

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 city attorney may present ordinances, resolutions and other matters or subjects to the council, and any councilman may assume sponsorship thereof by moving that such ordinances, resolutions, matters or subjects be adopted; otherwise they shall not be considered.

(Ord. 357 § 6(c), 1970)

All reports and resolutions shall be filed with the clerk and entered on the minutes.

(Ord. 357 § 6(d), 1970)

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

(Ord. 357 § 5(a), 1970)

Any person making personal, impertinent or slanderous remarks, or who becomes 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. 357 § 5(b), 1970)

A. Sergeant-at-Arms. The chief of police or his representative shall be ex officio sergeant-at-arms of the council. He shall carry out all orders and instructions given him by the presiding officer for the purpose of maintaining order and decorum in the Council Chambers.

B. Any person in the audience who uses loud, boisterous or profane language at a council meeting, or language tending to bring the council, or any councilman, into contempt, or any person who persistently interrupts the proceedings of the council, or refuses to keep quiet or take a seat when ordered to do so by the presiding officer, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the city jail for a period of not more than thirty days, or by both such fine and imprisonment. Upon instructions of the presiding officer, it shall be the duty of any police officer present to eject any such person from the Council Chambers, or place him under arrest, or both.

(Ord. 357 § 5(c), 1970)

A motion to adjourn shall always be in order and decided without debate.

(Ord. 357 § 6(f), 1970)

The salary payable to each individual councilmember of the city council shall be one hundred fifty dollars for each city council meeting attended by the councilperson but not to exceed a total salary of three hundred dollars in any given month.

(Ord. 98-08-642 § 1, 1998)