Thousand Oaks Municipal Code Art. 1 Council Meetings and Procedures

The City Council regular meetings and/or study sessions open to the public should be held at least twice each month on Tuesdays, at such times fixed annually by resolution in the Council Chambers of City Hall in the City, or at such time and place as properly noticed pursuant to California law. If by reason of fire, flood, damage or emergency, it shall be unsafe to meet in City Hall, the meetings may be held for the duration of the unsafe situation at such other place as designated by the Mayor or, if the Mayor should fail to act, by three (3) members of the City Council. When the day for a regular meeting falls on a legal holiday, no meeting shall be held and may be rescheduled with proper notice.

(§ 1, Ord. 868-NS, eff. September 18, 1984, as amended by § 1, Ord. 1231-NS, eff. April 25, 1995, and § 1, Ord. 1421-NS, eff. December 17, 2003)

Council meetings should be adjourned on or before 12:00 a.m. (midnight). The Council meeting may continue past that hour upon affirmative vote of the majority of the Council. Upon adjournment, the remaining agenda items shall be continued to the following meeting unless otherwise directed by the Council.

Meetings may be adjourned to a time, place and date certain but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened.

(§ 1, Ord. 868-NS, eff. September 18, 1984)

The Council may meet in a study sessions at dates, times and places fixed by the City Council, in accordance with law, for the purpose of hearing staff reports and reviewing, discussing and debating matters of interest to the City.

(§ 1, Ord. 868-NS, eff. September 18, 1984, as amended by § 1, Ord. 1231-NS, eff. April 25, 1995)

Special meetings may be called at any time by the Mayor or by three (3) members of the Council on twenty-four (24) hour notice, as set forth in the Government Code, to each Councilmember and to each news media with a request for notice on file. Such notice shall be delivered personally or by any other means which ensures receipt at least twenty-four (24) hours before the time of such special meeting. The call and notice shall specify the date, time, place and the business to be transacted. No other business shall be considered at such meetings. No ordinances (other than urgency ordinances) may be adopted, nor may resolutions or orders for the payment of money be made. Such written notice may be dispensed with as to any Councilmember who is actually present at the meeting at the time it convenes.

(§ 1, Ord. 868-NS, eff. September 18, 1984, as amended by § 2, Ord. 1421-NS, eff. December 17, 2003)

All regular and special meetings of the Council shall be public. However, the Council may hold closed sessions during any meeting, from which the public may be excluded, for the purpose of considering the matters authorized by law, or with the City Attorney pursuant to the attorney-client privilege concerning pending or threatened litigation. No member of the Council, City employee or other person present during a closed session shall disclose to any person the content or substance of any discussion which took place or confidential documents presented during a closed session unless the Council shall authorize the disclosure of such information by majority vote.

(§ 1, Ord. 868-NS, eff. September 18, 1984)

An agenda shall be prepared and, as required by State law, posted for all meetings. No Council substantive action shall be taken on any matter unless that matter appears on the agenda or such non-agenda action is authorized under the Brown Act. However, for any item not appearing on the agenda, any Councilmember may briefly respond to comments or questions of the public, briefly report on their own activities, request information from staff or request the matter be placed on a future agenda.

All matters to be submitted to the Council should be delivered to the City Clerk not later than the time requested by the Clerk for such submittals.

The City Clerk shall prepare the agenda under the direction of the City Manager. The agenda and back-up material should be delivered to the Councilmembers on the Thursday evening preceding the Tuesday Council meeting to which the agenda pertains. The agenda shall be posted and accessible to members of the public per the Brown Act.

Each agenda shall contain an opportunity for the public to address the City Council on any item of interest to the public. The Mayor subject to a Councilmember’s right of appeal shall determine the time allotted to each speaker or for the entire public comments section of the meeting.

(§ 1, Ord. 868-NS, eff. September 18, 1984, as amended by § 1, Ord. 954-NS, eff. February 10, 1987, § 1, Ord. 1231-NS, eff. April 25, 1995, § 3, Ord. 1421-NS, eff. December 17, 2003, and § 1, Ord. 1711-NS, eff. 5-5-2023)

The Mayor and Mayor Pro Tem shall be selected by the Council among its members annually at one of its meetings in December of each year. In a City election year, the selection shall be made only after certification of the election results by the County. The Mayor and Mayor Pro Tem shall serve at the pleasure of the Council for a term of approximately one year, or until the next Mayor and Mayor Pro Tem selection. The Mayor Pro Tem shall act as the Mayor in the absence or disability of the Mayor.

(§ 1, Ord. 870-NS, eff. October 2, 1984, as amended by § 1, Ord. 958-NS, eff. April 21, 1987, and § 1, Ord. 1153-NS, eff. June 23, 1992)

(a) On agenda. Correspondence shall not be placed on the agenda unless it concerns matters determined by a Councilmember, City Manager or City Attorney which should be considered by the Council at a public meeting. Such correspondence need not be read aloud at a Council meeting unless requested by a majority vote of the Council.

(b) Authority of the City Manager. The City Manager is authorized to open and examine all mail or other written communications, except personal mail, addressed to the Council and to give it immediate attention to the end that all administrative business referred to in such communications, and not necessarily requiring Council action, may be acted upon between Council meetings. Copies of such correspondence shall be distributed to each member of the Council.

(§ 1, Ord. 868-NS, eff. September 18, 1984, as amended by § 2, Ord. 954-NS, eff. February 10, 1987)

A majority of the Council is sufficient to do business, and motions may be passed two (2) to one if only three (3) Councilmembers attend, but ordinances for adoption, resolutions, granting franchises, and the payment of money shall require at least three (3) affirmative votes.

(§ 1, Ord. 868-NS, eff. September 18, 1984)

(a) The City Clerk shall prepare the minutes and any directions for changes in the minutes shall be only by majority Council action and shall conform to fact.

(b) The minutes should be a clear and concise statement of the Council actions, motions made and the vote thereon.

(c) Whenever the Council acts as a quasi- judicial proceeding, such as a development permit matter, a summary of the witnesses' testimony shall be completed and included.

(d) The minutes may be approved under the consent calendar without reading if each Councilmember has received a copy.

(e) Official records and approved minutes may not be physically altered and/or items may not be "expunged." Altering or defacing approved minutes is a felony in violation of Government Code §§ 6200 and 6201.

(§ 1, Ord. 868-NS, eff. September 18, 1984, as amended by § 2, Ord. 1711-NS, eff. 5-5-2023)

The Mayor shall be the presiding officer at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and the Mayor Pro Tem, the Mayor shall appoint a temporary presiding officer from those Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tem or until adjournment. Wherever in this article the term “Mayor” is used, the term shall apply equally to the presiding officer.

(§ 1, Ord. 868-NS, eff. September 18, 1984, as amended by § 2, Ord. 870-NS, eff. October 2, 1984)

(a) Participation. The presiding officer may move, debate and vote from the chair.

(b) Seating arrangement. Following each councilmanic election and at such other times as the Mayor may deem it necessary, the Mayor shall establish the seating arrangement of the members of the Council.

(c) Processing motions. The Mayor, or such member of the City staff, as the Mayor may designate, should verbally restate each question immediately prior to calling for the vote. Following the vote, the City Clerk shall announce whether the question carried or was defeated. The Mayor may publicly explain the effect of a vote for the audience or direct a member of the City staff to do so before proceeding to the next item.

(1) Motions out of order. The Mayor may, at any time with Council approval, permit a member to introduce an ordinance, resolution or motion out of the agenda order.

(2) Division of question. If the question contains two (2) or more divisible propositions, the Mayor may, or upon the request of a member, divide the question.

(d) Precedence of motions. When a motion is pending, no motion shall be entertained except the following motions which shall have precedence in the order indicated:

(1) Motion to adjourn (not debatable). A motion to adjourn shall be in order at any time except as follows:

(i) When repeated without intervening business or discussion;

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

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

(iv) While a vote is being taken.

A motion to adjourn “to another time” is debatable only as to the time of adjourned meeting,

(2) Motion to fix hour of adjournment. This motion is to set a definite time at which to adjourn. It is undebatable and unamendable except as to the time set.

(3) Motion to table. This motion is to temporarily bypass the Subject. The motion is undebatable and shall preclude all amendments or debate of the subject under consideration. If it shall prevail, the matter may be “taken from the table” at any time prior to the end of the next regular meeting.

(4) Motion to call the question. This motion is to close debate on the main motion. It is undebatable. If the motion fails, debate is reopened. If the motion passes, Council shall vote on the main motion.

(5) Motion to amend. This motion is debatable only as to the amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not. 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.

(6) Motion to postpone. A motion to postpone indefinitely shall be fully debatable. If 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.

(e) Signing documents. The Mayor shall sign all ordinances, resolutions, contracts and other documents necessitating a signature which were adopted in that officer’s presence unless unavailable, in which case the signature of an alternate presiding officer may be used.

(f) Sworn testimony. The Mayor or the Council may require any person addressing the Council to be sworn as a witness and to testify under oath.

(§ 1, Ord. 868-NS, eff. September 18, 1984, as amended by § 2, Ord. 1231-NS, eff. April 25, 1995)

(a) Recognition to speak. Every Councilmember desiring to speak shall first address the Mayor and be recognized by such. The member shall solely discuss the question under debate, avoiding personalities and indecorous language.

(b) Questions to staff. Every Councilmember desiring to question the City staff, after recognition by the Mayor, shall address the questions to the City Manager, Assistant City Manager, City Clerk, City Attorney or appropriate department head who shall be entitled either to answer or designate a member of staff for that purpose.

(c) Interruption. A Councilmember, once recognized, shall not be interrupted when speaking unless called to order by the Mayor or a point of order or personal privilege is raised by another Councilmember. If a Councilmember, while speaking, is called to order, the member shall cease speaking until the question of order is determined. Members of the City staff, after recognition by the Mayor, shall hold the floor until the completion of their remarks or until recognition is withdrawn by the presiding officer.

(d) Points of order. The Mayor shall determine all “points of order” subject to the right of any Councilmember to appeal the Mayor’s decision to the Council. If an appeal is taken, the question shall be, “Shall the decision of the Mayor be sustained?” A majority vote of those Councilmembers present shall conclusively determine such question of order.

(e) Point of personal privilege. The right of a Councilmember to address the Council on a question of personal privilege shall be limited to cases in which the member’s integrity, character or motives are questioned. A Councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor only if the Mayor recognizes the privilege.

(f) Privilege of closing the debate. The Councilmember moving the adoption of an ordinance, resolution, or motion shall have the privilege of making the closing remarks during debate.

(g) Limitation of debate. To encourage the full participation of all members of the Council, no Councilmember or Councilmembers shall be permitted to monopolize the discussion of the question. If a Councilmember has already spoken and other Councilmembers wish to speak, the latter Councilmembers should be recognized in preference to the Councilmember who has already spoken. However, if no other Councilmembers seek recognition, the Mayor may recognize the Councilmember who has already spoken.

(§ 1, Ord. 868-NS, eff. September 18. 1984, as amended by § 3, Ord. 1231-NS, eff. April 25, 1995, and § 3, Ord. 1711-NS, eff. 5-5-2023)

(a) Manner of addressing the Council. Prior to the start of the meeting, persons wishing to address the Council shall fill out a speaker card and submit it to the City Clerk. When called upon by the Mayor, that person shall limit discussion to the subject to be discussed, and, unless further time is granted by the Council, limit their remarks to time allocated to the speaker by the Mayor. All remarks shall be addressed to the Council as a whole and not to individual staff or any member thereof. No question shall be asked of a Councilmember or of City staff without the permission of the Mayor.

(b) Spokesperson for groups of persons. In order to expedite matters and to avoid repetitious presentations whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request that a spokesperson be chosen by the group and, in case additional matters are to be presented by any other member of such group, to limit the number of such persons addressing the Council. A written statement card may be filled out and submitted to the City Clerk indicating the person's opinion in writing. Those statements will be provided to City Councilmembers and made part of the meeting record.

(c) After motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by the Council.

(§ 1, Ord. 868-NS, eff. September 18, 1984, as amended by § 4, Ord. 1231-NS, eff. April 25, 1995, and § 4, Ord. 1711-NS, eff. 5-5-2023)

(a) Councilmembers. While the Council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings nor disturb any member while speaking nor refuse to obey the orders of the presiding officer.

(b) Employees. City staff shall observe the same rules of order and decorum.

(c) Persons addressing the Council. Any person making impertinent or slanderous remarks or who becomes disruptive while addressing the Council, shall be called to order by the Mayor and if such conduct continues, may, at the discretion of the Mayor, be ordered barred from the Council Chamber during that meeting.

(d) Members of the audience. Any person in the audience who engages in disorderly conduct, such as hand clapping, stamping of feet, whistling, using profane language, yelling and similar demonstrations, which conduct disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the Mayor, shall be guilty of a misdemeanor, and upon instructions from the Mayor, it shall be the duty of the sergeant-at-arms to remove any such person from the Council Chamber and to place him/her under arrest.

(e) Decorum guidelines. At the Mayor's discretion, the following guidelines should be followed until decorum is observed:

Person(s) addressing the Council.

• 1. State: "Please speak to matters within the City's jurisdiction."
• 2. Turn off public lectern.
• 3. Quickly bang gavel loudly 2-3 times.

4. State: "Please speak to matters within this jurisdiction. Outbursts or disruptions will not be tolerated. If this behavior continues, this meeting will be recessed until decorum is observed.”

If disruption continues:

5. State: "We have a member(s) of the public who are being disruptive, therefore, I will call a recess until decorum is observed."

• 6. City Council and Staff exit to Conference Room.
• 7. Once decorum is observed.
• 8. Return to Chambers.

Member(s) of the audience.

1. Quickly bang gavel loudly 2-3 times.

2. State: "Outbursts or disruptions will not be tolerated. Please cease and desist. If this behavior continues, this meeting will be recessed until decorum is observed."

If disruption continues:

3. State: "We have a member(s) of the public who are being disruptive, therefore I will call a recess until decorum is observed."

• 4. City Council and Staff exit to Conference Room.
• 5. Once decorum is observed.
• 6. Return to Chambers.

If behavior continues after calling a recess, the individual(s) may be removed. If disruption continues, order the meeting room cleared and continue in session. Ask the sergeant-at-arms to clear the public from the Chambers. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section.

(f) Persons authorized to be within the City Council/staff dais area. No person, except members of the Council and the City staff, shall be permitted within the City Council/staff dais area without the consent of the Mayor.

(§ 1, Ord. 868-NS, eff. September 18, 1984, as amended by § 5, Ord. 1711-NS, eff. 5-5-2023)

The City Manager, Chief of Police, or such member or members of the Police Department or as the City Manager may designate, shall be sergeant-at-arms of the Council and shall carry out all orders given by the Mayor for the purpose of maintaining order and decorum. The Council may have the Mayor enforce the rules of decorum.

(§ 1, Ord. 868-NS, eff. September 18, 1984)

A motion by any Councilmember may be considered by the Council without receiving a second. Motions may be adopted by the “no objection” method unless any Councilmember prefers a voice or roll call vote. The minutes shall reflect a “no objection” vote as “unanimously carried.” Approval of the minutes should be effected only by a voice or roll call vote on the consent calendar.

(§ 1, Ord. 868-NS, eff. September 18, 1984)

A roll call vote of the Council may be registered by designating or answering “Yes” for an affirmative vote or “No” for a negative vote on the member's name being called. The Council shall follow the roll call procedure for ordinances, resolutions, 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 demands it. The result of all roll call votes shall be announced by the Mayor or Clerk and recorded in the minutes. Any member may change his/her vote before the next order of business.

(§ 1, Ord. 868-NS, eff. September 18, 1984)

Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of financial interest shall publicly state, or have the Mayor state, the disqualification in open meeting. The disqualified member should not remain in his/her seat during the debate and shall not debate or vote on such matter. A Councilmember stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

(§ 1, Ord. 868-NS, eff. September 18, 1984)

Every Councilmember should vote unless disqualified by reason of a conflict of interest. A Councilmember who abstains from voting in effect consents that a majority of the quorum may decide the question.

(§ 1, Ord. 868-NS, eff. September 18, 1984)

A lost motion is one that fails to receive the necessary number of votes to carry. Lost motions may be renewed at any subsequent Council meeting. To revive a lost motion at the same meeting, the proper action shall be a motion to reconsider.

Tie votes shall be lost motions and may be reconsidered.

(§ 1, Ord. 868-NS. eff. September 18, 1984)

A Councilmember may change his/her vote only if a request is made immediately following the announcement of the vote by the City Clerk and prior to the next item. A Councilmember who publicly announces that he/she is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw the abstention.

(§ 1, Ord. 868-NS, eff. September 18, 1984, as amended by § 5, Ord. 1231-NS, eff. April 25, 1995)

After a motion and vote by the Council, any action may be reconsidered or rescinded in the following manner:

(a) Reconsideration. This motion shall be in order at the same meeting, be amendable and debatable. Such motion can be made by any Councilmember regardless of how he/she previously voted on the matter. If the motion to reconsider passes, it overrules and cancels the prior action.

(b) Recision. A motion to rescind (repeal, cancel or nullify) prior Council action shall be in order at any meeting. Rescinding shall operate prospectively only and not retroactively to the date of the original action. It shall not adversely affect any substantial intervening legal rights which create an estoppel situation.

(§ 1, Ord. 868-NS, eff. September 18, 1984)

(a) Preparation.

(1) Ordinances. All ordinances shall be approved by the City Attorney and shall be presented to the Council only when requested by the Council, Mayor, City Manager or City Attorney.

(2) Resolutions. All resolutions shall be approved by the City Attorney. In matters of urgency, a resolution may be presented verbally in motion form, together with instructions for written preparation for later execution. Urgency resolutions should be avoided except when absolutely necessary.

(b) Prior to approval by the administrative staff. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney and shall have been reviewed for administration by the City Manager or a designated representative.

(c) Enactment of ordinances.

(1) Introduction. Ordinances shall be introduced for the first reading by motion. When ordinances, other than urgency ordinances, are altered after their introduction, they shall be adopted only at a regular or adjourned meeting held at least five (5) days after such alteration. Corrections of typographical or clerical errors shall not be considered alterations.

(2) Reading and adoption. After reading the title, full reading may be waived by a motion adopted by the unanimous vote of the Council. Ordinances shall be adopted (second reading) by motion and roll call vote at least five (5) days after introduction.

(3) Urgency ordinances. An urgency ordinance for the immediate preservation of the public peace, health or safety may be passed immediately upon its introduction and either at a regular or special meeting. It shall declare the facts constituting the urgency, and it shall be passed by four (4) affirmative votes.

(4) Publication and effective date. After its adoption, the City Clerk shall publish the ordinance or a summary at least once in a newspaper of general circulation in the City. Ordinances shall take effect on the thirty-first (31st) day following its final passage. An ordinance shall take effect immediately if it is an ordinance:

(i) Relating to an election;

(ii) Of an urgency nature;

(iii) Relating to street improvement proceedings;

(iv) Relating to taxes for the usual and current expenses of the City; or

(v) Covered by particular provisions of law prescribing the manner of its passage and adoption.

(§ 1, Ord. 868-NS, eff. September 18, 1984, as amended by § 6, Ord. 1711-NS, eff. 5-5-2023)

(a) Application of provisions: Hearing defined. The procedural rules of this section apply to hearings before the Council.

(b) Rights of interested persons. At the hearing, the Council shall afford any interested person or their authorized representative, or both, the opportunity to present evidence and statements, arguments or contentions orally and/or in writing.

(c) Presentation of evidence.

(1) Oral evidence. Oral evidence may be taken on oath or affirmation if requested by the Mayor or Council.

(2) Exhibits and documents. Documentary evidence, exhibits and documents used shall, unless otherwise directed, be considered as evidence and part of the record.

(3) Communications and petitions. All communications and petitions shall be read aloud either in full or by synopsis. A reading in full shall bemade at the request of any Councilmember. All such communications and petitions may be introduced into evidence at the discretion of the Council.

(4) Staff reports. If time provides, a written staff report should be prepared and orally reviewed as a part of the staff presentation. Such report shall be considered as evidence and part of the record.

(5) Large maps and displays. Large size maps and displays presented for use at the hearing shall be displayed in full view of the Council. When practicable, such maps or displays, or authentic reductions thereof, shall be introduced into evidence.

(6) Admissible evidence. The hearing need not be conducted according to technical rules of evidence. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Irrelevant and unduly repetitious evidence shall be excluded.

(d) Continuances. Any hearing may, by minute action, be continued to any subsequent regular or adjourned meeting.

(e) Decisions. Consistent with State law, the Council shall render a decision or determination on the matter within a reasonable period after the close of the hearing. Such decision or determination shall be by motion at a regular or adjourned meeting. Any Councilmember shall be disqualified from discussing, participating or voting on a matter who: (1) was not present during the entire hearing and did not review the written reports and submittals and view the full video of such missed portions; (2) has a conflict of financial interest in the matter; or (3) has a conflict or remote interest under Government Code Sections 1090 and 1091.

(f) Records. A verbatim mechanical recording may be made of the oral evidence presented at the hearing. Such recording, together with all documents, maps, exhibits and displays admitted into evidence, shall be retained for a period of one year after the date of the close of the hearing. In lieu of retaining such recording, a typewritten transcript thereof may be prepared which shall be retained for the same period of time.

(§ 1, Ord. 868-NS, eff. September 18, 1984, as amended by § 6, Ord. 1231-NS, eff. April 25, 1995, and § 7, Ord. 1711-NS, eff. 5-5-2023)

The Council agenda may include a consent calendar consisting of routine items. The adoption or approval of all items on the consent calendar shall be accomplished by one motion passed on a roll call vote.

(a) Confirming resolutions. Resolutions confirming the prior action of the Council may be placed on the consent calendar for adoption. The City Clerk shall record the Council vote on the resolution in accordance with the vote taken by the Council at the time the original action was taken at the prior meeting.

(b) Supporting documentation. Items on the consent calendar should be supported by documentation relative to each item.

(c) Removal of items from consent calendar. The motion to adopt the consent calendar shall not be debatable. If any Councilmember desires Council discussion or debate on any item on the consent calendar, such item shall be removed from the calendar and discussed or debated. In such case, the Council shall consider the approval or adoption of the consent calendar, as amended, with the removal of such item.

(§ 1, Ord. 868-NS, eff. September 18, 1984, as amended by § 8, Ord. 1711-NS, eff. 5-5-2023)

Council may take action by conceptual approval of a plan, project, activity, appropriation or other action which is not a final approval. Any persons, firms or corporations who expend time or funds in reliance on such approval shall do so at their own risk, and the City shall have no liability or responsibility for any detriment incurred thereby.

(§ 1, Ord. 868-NS, eff. September 18, 1984)

Except as otherwise provided in this Code, other rules adopted by the Council, or applicable provisions of State law, the procedures of the Council shall be governed by the most recent edition of Mason's Manual of Legislative Procedure.

(§ 1, Ord. 868-NS, eff. September 18, 1984, as amended by § 7, Ord. 1231-NS, eff. April 25, 1995, and § 4, Ord. 1421-NS, eff. December 17, 2003)

These rules are adopted to expedite the transaction of the business of the Council in an orderly fashion and are 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 which is otherwise held in conformity with law.

(§ 1, Ord. 868-NS, eff. September 18, 1984)

(a) Purpose. Electronic signatures are widely used in business settings, and increase efficiency and overall customer service. It allows for expedited execution of documents, cuts down on the use of paper and provides a more seamless document management process. The purpose of this section is to allow the City to utilize electronic signatures in compliance with California law and City policy.

(b) Definitions.

(1) "Electronic signature" has the same meaning as in Section 1633.2 of the California Civil Code, as may be amended.

(2) "Digital signature" has the same meaning as in Section 16.5 of the California Government Code, as may be amended.

(3) "UETA" means the Uniform Electronic Transactions Act, commencing at Section 1633.1 of the California Civil Code.

(c) Electronic signatures. Whenever a signature is required, the City may agree that an electronic signature, which includes, but is not limited to, a digital signature, satisfies that requirement, provided it is in accordance with the UETA.

(d) The use of electronic signatures shall be governed by approved City Administrative Policy.

(e) This section is intended to enable the City to use electronic signatures to the fullest extent allowed by law, and does not limit the City's ability to use electronic or digital signatures in any way.

(§ 1, Ord. 1679-NS, eff. 7-10-2020)