Vista Municipal Code § 2.12 City Council

Section 2.12.010 Salaries of the Mayor and Members of the City Council

A. Each Member of the City Council and the Mayor shall receive a salary, which

may be adjusted from time to time by adoption of a resolution of the City Council, and shall receive an across-the-board, annual adjustment to their respective monthly salaries in the same amount and at the same time that Management Employees receive such an adjustment. B. Salaries of the Members of the City Council and of the Mayor shall be paid at the same time and in the same manner as salaries of other officers and employees of the City. Salaries paid to the Members of the City Council and the Mayor shall be exclusive of, and in addition to, any amounts paid by the City for retirement, health and welfare benefits, or social security benefits, provided that all such benefits are made available and paid by the City for its employees, and shall be exclusive of, and in addition to, any reimbursements paid to Members of the City Council or to the Mayor for costs or expenses incurred in the conduct of official duties. Prior Code 2-12; Ord. No. 65-58, Amended 12/28/65; Ord. No. 74-2, Amended 2/6/74; Ord. No. 84-37, Amended 8/28/84; Ord. No. 86-56, Amended 11/12/86; Ord. No. 88-10, Amended 3/28/88; Ord. No. 92-9, Amended, 06/09/92; Ord. No. 96-18, Amended, 10/08/96; Ord. No. 2000-1, Amended, 04/25/00; Ord. No. 2008-1, Amended, 1/8/08; Ord. No. 2018-16, Amended, 12/11/18)

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Section 2.12.020 Reimbursement of Automobile Expenses

Prior Code 2-12A; Ord. No. 87-43, Amended 12/14/87; Ord. No. 2002-13, Amended, 03/26/02; Ord. No. 2009-8, Repealed, 4/14/09)

Section 2.12.030 Meetings and Workshops -Time and Location

A. Regular meetings of the City Council shall be held on the first Thursday and the second and fourth Tuesdays of each month except as otherwise provided below. 1. The City Council shall annually adopt one or more resolutions identifying the dates on which regular meetings shall be held. Dates not identified by the City Council shall not be regular meeting dates for any legal purpose. 2. Any scheduled regular meeting may be cancelled by the City Manager in consultation with the Mayor. 3. Regular meeting dates established by the City Council shall also be regular meeting dates for the Community Development Commission, the Buena Sanitation District, and the Successor Agency. 4. If the City Council does not adopt a resolution establishing meeting dates for a given month or calendar year, regular meetings shall be held on the first Thursday and the second and fourth Tuesdays of the month. B. All meetings of the City Council shall be held within the boundaries of the City of Vista, except as otherwise permitted by law, and shall be convened in the City Council Chambers located at 200 Civic Center Drive, Vista, California, unless a location other than the City Council Chambers is identified in a published notice or posted agenda of any meeting. C. The meetings scheduled for the second and fourth Tuesdays shall commence at 5:30 p.m., except when a closed session is required. When a closed session is required, the closed portion of the meeting shall commence prior to 5:30 p.m., at the specific time selected by the City Manager and posted on an agenda in conformance with Government Code Section 54950 et seq. In no event shall the public portion of the meeting commence prior to 5:30 p.m. D. The meetings scheduled for the first Thursday shall commence at 5:30 p.m. except when a different specific time is selected by the City Manager and posted on an agenda in conformance with Government Code Section 54950 et seq. Prior Code 2-10; Ord. No. 63-1, Amended 1/28/63; Ord. No. 63-7, Amended 4/3/63; Ord. No. 65-55, Amended 12/28/65; Ord. No. 68-27, Amended 8/6/68; Ord. No. 69-53, Amended 9/2/69; Ord. No. 71-13, Amended 7/6/71; Ord. 75-35, Amended 8/25/75; Ord. No. 78-13, Amended 3/13/78; Ord. No. 75-35; Ord. No. 78-13, Amended 3/13/78; Ord. No. 87-8, Amended 4/13/87; Ord. No. 88-42, Amended 1/9/89; Ord. No. 89-32, Amended 8/28/89; Ord. No. 90-36, Amended 8/17/90; Ord. No. 90-44, Amended, 12/17/90; Ord. No. 91-13, Amended, 5/28/91; Ord. No. 94-6, Amended, 3/08/94; Ord. No. 94-22, Amended, 10/11/94; Ord. No. 95-1, Amended, 1/10/95; Ord. No. 95-6, Amended, 6/13/95; Ord. No. 99-11, Amended, 7/13/99; Ord. No. 2003-27, Amended, 12/09/03; Ord. No. 2004-10, Amended, 10/26/04; Ord. No. 2005-23, Amended, 11/08/05; Ord. No. 2008-12, Amended, 4/8/08; Ord. No. 2018-3, Amended 4/10/18; Ord. No. 2023-6, Amended 2/28/23; Ord. No. 2023-14, Amended 12/12/2023)

Section 2.12.040 Meetings - Order of Business; Scheduling Public Hearings

A. Workshop Meetings. The regular meeting of the City Council held on the first Thursday of each month shall be designated as a “ workshop” meeting, and is intended to provide an opportunity for the City Council to discuss and deliberate upon the issues presented at greater length and in more depth than is otherwise permitted at full meetings. Subject to the approval of the agenda by the City Council for each meeting, the order in which agenda matters

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shall be presented to the City Council for any regular workshop meeting shall be as established by City Council resolution. B. Full Meetings. The regular meetings of the City Council held on the second and fourth Tuesdays of each month shall be designated as “full” meetings. Subject to the approval of the agenda by the City Council for each meeting, the order in which agenda matters shall be presented to the City Council for any regular full meeting shall be as established by City Council resolution. C. Setting Matters for Public Hearing Calendars. Any agenda matters requiring a noticed public hearing shall ordinarily be noticed for a full meeting of the City Council at a date and time certain determined by the City Manager. This section shall not be construed to prevent the City Council from conducting a noticed public hearing at any regular workshop or special meeting of the City Council. D. From time to time as it finds convenient, the City Council may approve regular or special procedures for the conduct of any City Council proceeding, not otherwise inconsistent with the requirements of any law or ordinance, upon adoption of a resolution of the City Council. E. All public testimony on public hearings shall be completed by 10:00 p.m., subject to extension by a majority vote of the City Council. Prior Code 2-14; Ord. No. 69-36, Amended 6/16/69; Ord. 89-46, Amended 1/8/90; Ord. No. 89-46, Amended, 1/8/90; Ord. No. 95-1, Amended, 02/14/95; Ord. No. 95-14, Amended, 11/28/95; Ord. No. 99- 11, Amended, 07/13/99; Ord. 2002-9, Amended, 03/29/02; Ord. No. 2003-27, Amended, 12/09/03; Ord. No. 2004-10, Amended, 10/26/04; Ord. No. 2005-23, Amended, 11/08/05; Ord. No. 2006-5, Amended, 6/13/06; Ord. No. 2008-12, Amended, 4/8/08; Ord. No. 2008-33, Amended, 12/9/08; Ord. No. 2023-6, Amended, 2/28/23)

Section 2.12.050 Agenda - Contents and Preparation

A. All reports, ordinances, resolutions, contract documents and other matters to be submitted to the City Council at their regular meetings shall be delivered to the City Manager or City Clerk not later than 5:00 p.m. on the Thursday eleven days prior to the meeting. The City Manager or City Clerk shall prepare the agenda of all such matters according to the order of business and deliver or mail to each Council Member and Department Head a complete copy of such agenda as soon as possible, but in no event later than 5:00 p.m. on the Wednesday preceding the Council meeting. The agenda shall be available to the public as soon as it has been prepared, but in no event later than allowed pursuant to the Ralph M. Brown Act, commencing with Section 54950 of the State Government Code. B. No matters other than those on the agenda shall be finally acted upon by the City Council except as pursuant to the Ralph M. Brown Act. Prior Code 2-13; Ord. No. 69-36, Amended 6/16/69; Ord. No. 87-20, Amended 6/22/87)

Section 2.12.060 Presiding Officer - Powers and Duties

A. The Mayor, or in the absence of the Mayor, the Deputy Mayor, shall be the

presiding officer and shall assume the duties as soon as election results are confirmed by Council. B. The Mayor shall preserve order and decorum at all meetings of the Council, state questions coming before the Council, announce decisions on all subjects and decide all questions of order. The Mayor’s decisions on matters of order are subject to appeal to the Council as a whole. In the event of an appeal, a majority vote shall govern and conclusively determine such question of order. The Mayor shall vote on all questions. C. The Mayor shall sign all ordinances and resolutions adopted and contracts approved by the Council at meetings at which the Mayor presides. In the absence of the Mayor,

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the Deputy Mayor shall sign the documents that were adopted and approved by the Council. In the absence of the Mayor and Deputy Mayor, the temporary Chairperson shall sign the documents that were adopted and approved during the meeting at which the temporary Chairperson presided. Prior Code 2-15; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90; Ord. No. 2012- 14, Amended 12/11/12)

Section 2.12.070 Presiding Officer - Call to Order

The Mayor, or in the absence of the Mayor, the Deputy Mayor, shall call the Council to

order. In the absence of the Mayor and the Deputy Mayor, the City Clerk or Deputy City Clerk shall call the Council to order. A temporary Chairperson shall then be elected by the Council Members present. Upon the arrival of the Mayor or the Deputy Mayor, the temporary Chairperson shall relinquish the chair at the conclusion of the business then before the Council.” Prior Code 2-16; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended 1/8/90; Ord. No. 2012-14, Amended 12/11/12)

Section 2.12.080 Entry of Roll Call in Minutes

The names of all Council Members present shall be entered into the minutes of the meeting. Prior Code 2-17; Ord. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90)

Section 2.12.090 Quorum Required

A majority of the City Council then serving shall constitute a quorum for transaction of

business. When there is no quorum, the Mayor, Deputy Mayor or any Council Member shall adjourn the meeting. If no Council Member is present, the City Clerk or Deputy City Clerk shall adjourn the meeting. A meeting adjourned without a quorum may be adjourned sine die or to a date certain. Prior Code 2-17.1; Ord. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended 1/8/90; Ord. No. 2008-32, Amended 12/9/08; Ord. No. 2012-14 Amended 12/11/12)

Section 2.12.100 Preparation of Minutes

A. The minutes of the City Council shall be kept by the City Clerk in a book with a

record of each item of business transacted set off in paragraphs with proper titles. The City Clerk shall be required to make a record only of the business that was actually passed upon by a vote of the City Council and shall not be required to record any remarks of Council Members, or of any other person except at the special request of a Council Member. A record shall be made of the names and addresses of persons addressing the City Council, the title of the subject matter to which their remarks related, and whether they spoke in support of or in opposition to such matter. B. The City Clerk shall forward a copy of the minutes of the meeting to each Council Member prior to the next regular meeting. Prior Code 2-17.2; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90)

Section 2.12.110 Reading of Minutes and Ordinances

A. Unless the reading of the minutes of a City Council meeting is requested by a

Council Member, minutes may be approved without reading.

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B. Unless the reading of an ordinance is requested by a Council Member,

ordinances may be approved without reading the text or the title. Prior Code 2-17.3; Ord. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90; Ord. No. 2008-32, Amended, 12/9/08)

Section 2.12.120 Rules of Debate

A. Presiding Officer May Debate and Vote. The presiding officer may move, second and debate from the chair, subject only to limitations of debate which are imposed on all Council Members. The presiding officer shall not be deprived of any of the rights and privileges of a Council Member by reason of serving as the presiding officer. B. Manner of Addressing Chairperson. Improper references are to be avoided. Every Council Member desiring to speak shall address the chair and upon recognition by the presiding officer, shall confine the remarks to the question under debate, avoiding all personalities and indecorous language. C. Interruptions. A Council Member, once recognized, shall not be interrupted when speaking, except to call the Council Member to order, or as otherwise provided in this chapter. If a Council Member is called to order while speaking, the Council Member shall cease speaking until the question of order is determined. If it is determined that the Council Member is in order, he/she shall be permitted to proceed. D. Rules of Order. Except as otherwise provided in this chapter, the latest edition of Robert’s Rules of Order, Revised, shall govern the conduct of the meetings of the Council. Prior Code 2-17.4; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90)

Section 2.12.130 Addressing the City Council - Request to Speak

No person shall address the City Council while the City Council is in session unless the

person has been recognized by the presiding officer and is invited to speak. Any member of the public may request recognition from the presiding officer in order to address the City Council by submitting a completed Request to Speak form to the City Clerk or the designee prior to or during the meeting. Prior Code 2-17.5; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90; Ord. No. 2002- 9, Amended, 03/29/02)

Section 2.12.140 Addressing the City Council - Recognition and Time Limits

A. Recognition. A member of the public who is recognized to speak to the City

Council shall speak from the podium designated for such purpose, and shall begin by giving his or her name and mailing address for the public record. B. Time Limits. Unless additional time is granted by order of the presiding officer or upon majority vote of the City Council, no member of the public shall address the City Council for a period longer than three minutes from the time recognized. The presiding officer shall inform the speaking member of the public when the three minute time limit has expired and thereupon the speaker shall discontinue further comment. C. If two or more members of an identified group of persons having a common interest in an agenda matter file requests to address the City Council on the matter, the presiding officer may request the group to designate one or more representatives who will address the City Council on behalf of the group on that matter. Prior Code 2-17.6; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90; Ord. No. 2002- 9, Amended, 03/29/02)

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Section 2.12.150 City Council Meetings - Order and Decorum

A. Presiding Officer. While the City Council is in session, the presiding officer at all times shall maintain order and decorum at the meeting. The presiding officer is authorized to designate any law enforcement officer attending a meeting of the City Council as a Sergeant at Arms for such meeting and may direct the officer so designated to assist the presiding officer in maintaining order and decorum at the meeting. B. City Council Members. Members of the City Council shall avoid disruption or unreasonable delay of the City Council proceedings, and shall not interrupt or disturb any other Member of the City Council who has the floor, but shall wait to be recognized by the presiding officer. Members of the City Council shall conform to the orders of the presiding officer unless, by majority vote of the City Council upon a motion and second, such orders are overruled by the City Council. C. Members of the Public. Every member of the public attending a meeting of the City Council shall observe and conform to the following rules of conduct: 1. No person shall seek or attempt to disrupt a meeting of the City Council by making any statement against the reputation, character or motive of any person. 2. No person shall seek or attempt to disrupt a meeting of the City Council by making any statement that is intended to inflame passion or anger, or is purely of a personal nature, or is defamatory, slanderous, impertinent, or profane. 3. No person shall make any noise, whistle, shout, sing, applaud, or disparage any speaker, or commit other acts, with the intent of disrupting, disturbing, or delaying the City Council proceedings. 4. No person shall bring into the place where the City Council is meeting any knife, gun, chain, rope, rock, stick, pole, board, or other material that is capable of causing harm or injury to persons, including any such materials used to support or to display any sign, placard or symbol. 5. No person shall address the City Council until having been recognized by the presiding officer. 6. Every person addressing the City Council on a matter appearing on the agenda shall avoid making repetitious or irrelevant statements to the issue being discussed. 7. Every person addressing the City Council under Opportunities for Public Comment (Oral Communications) on matters not appearing on the agenda shall avoid making statements concerning issues that are not within the subject matter jurisdiction of the City Council. 8. A person having been ruled out of order by the presiding officer shall immediately conform to the orders of the presiding officer, and to the orders of any designated Sergeant at Arms acting under authority of law or by order of the presiding officer. Any person who refuses when ordered to conform to the rules of conduct is subject to being removed from the place of the meeting of the City Council by order of the presiding officer. D. Prohibited Conduct. No person shall intentionally disrupt, disturb or interfere with the proceedings of a meeting of the City Council. A person shall be deemed to have intentionally disrupted, disturbed or interfered with the proceedings of a meeting of the City Council if the person refuses or does not come to order, after having been ruled out of order by the presiding officer, or refuses or does not comply with or obey the lawful order of any law enforcement officer engaged in restoring order upon the direction of the presiding officer of the City Council. A violation of this Subsection D is a misdemeanor which shall be punishable by a fine not to exceed $1,000, imprisonment in the county jail for up to six months, or both. Prior Code 2-17.7; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90; Ord. No. 2002- 9, Amended, 03/29/02)

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Section 2.12.160 Persons Authorized to Approach Council Table

No person, except City officials, their representatives and representatives of news

gathering agencies shall be permitted to approach the Council table without the consent of the Council. Prior Code 2-17.8; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90)

Section 2.12.170 Entry of Protests in Minutes

Any Council Member by request shall have the right to have the reasons for dissent from

or protest against an action of the Council entered in the minutes. Prior Code 2-17.9; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90)

Section 2.12.180 Roll Call Votes

A roll call vote shall be taken upon the passage of all Ordinances and orders for the

payment of money and shall be entered in the minutes of the City Council showing those Council Members voting for, those voting against, and those not voting or absent. Upon request of any Council Member, a roll call vote shall be taken and recorded on any action. Prior Code 2-17.10; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90)

Section 2.12.190 Relationship between Council and City Manager

City Council is to deal through the City Manager. The City Council and its members

shall deal with the administrative staff of the City only through the City Manager, except for the purpose of inquiry. Neither City Council nor any Council Member shall give orders to any subordinates of the City Manager. Prior Code 2-17.11; Ord. No. 69-36, Amended 6/16/69; Ord. No. 89-46, Amended, 1/8/90)

Section 2.12.200 Smoking Prohibited in Council Chambers

It shall be unlawful for any person to smoke tobacco in any form in the Council

Chambers of the City Council. Prior Code 2-10.1, Ord. No. 75-25, Amended, 5/28/75)

Section 2.12.210 Posting of “No Smoking” Area

It shall be the duty and responsibility of the Director of Public Works to post or cause to

be posted the area referred to in Section 2.12.020 as a “ No Smoking” area by placing and maintaining signs stating “ No Smoking” in conspicuous places within said area which are sufficient in size and form to communicate the intent of Section 2.12.200. Prior Code 2-10.2, Ord. No. 75-25, Amended, 5/28/75)

Section 2.12.220 Failure to Post “No Smoking” Area

Section 2.12.200 shall not be enforced unless at least one “No Smoking” sign meeting

the requirements of Section 2.12.210 is visible from all portions of said Council Chambers, and is in place at the time of the alleged violation. Prior Code 2-10.3, Ord. No. 75-25, Amended, 5/28/75)

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Section 2.12.230 Violation of Section 2.12.200 – Penalty

Any person who violates Section 2.12.200 is guilty of an infraction and upon conviction

thereof shall be punishable according to the provisions of Section 1.16.010 of this code. Prior Code 2-10.4; Ord. No. 75-25, Amended, 5/28/75)

Section 2.12.240 Ordinances, Resolutions

A. The provisions of Article 2 ( Enactment) of Chapter 2 ( Ordinances), Part 2

Legislative Body), Division 3 ( Officers), Title 4 ( Government of Cities), of the California Government Code shall not apply within the chartered City of Vista except as follows: Sections 36933 (relating to the publication of ordinances), 36936.1 (relating to the fixing of tax rates), and 36937 ( relating to the effective date of ordinances) shall continue to apply within the City as currently enacted and as they may be amended from time to time. B. The enacting clause of ordinances shall be: "The people of the chartered City of Vista do ordain as follows:" C. Resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of a quorum of the City Council. D. Ordinances receiving a four-fifths vote of the City Council at introduction shall be immediately adopted without further City Council action. Otherwise, ordinances shall not be adopted on the same day as their introduction unless one or more members of the City Council are unable to participate in the vote on an ordinance because of a declared conflict of interest, in which case a majority of a quorum shall be sufficient to immediately adopt the ordinance. Ordinances may be adopted at any regular or special meeting of the City Council. E. Procedural requirements mandated by specific state statutes constitutionally applicable to charter cities shall be followed where in conflict with the provisions of this chapter. F. Insofar as they may be applicable, the provisions of this chapter shall also apply to and be deemed incorporated into the bylaws of the Community Development Commission of the City of Vista pursuant to Health & Safety Code Section 33204, and the subordinate commissions, boards, committees and advisory bodies of the City of Vista. Ord. No. 2008-32, Added, 12/9/08; Ord. No. 2010-5, Amended, 5/11/10)

Section 2.12.250 Robert's Rules of Order

The procedures prescribed in Robert’s Rules of Order shall be modified as follows: A. A motion to reconsider an action may be made only during the same meeting that the action was taken. B. The number of votes required to rescind an action must be at least the same number of votes as were cast to approve the action being rescinded or a majority of the members of the City Council, whichever is less. C. Final action on a quasi-judicial decision can only be taken through the adoption of a resolution and not by minute order or oral announcement. Final action taken on a quasi- judicial decision cannot be reconsidered or rescinded. D. Abstentions shall be counted for purposes of determining a quorum except in the case of abstentions required by the Political Reform Act or other applicable law governing conflicts of interest. An action is approved by a majority vote consisting of more than one-half of the votes cast, excluding abstentions. No action shall be taken, however, without at least two affirmative votes. Ord. No. 2008-32, Added, 12/9/08)

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Section 2.12.260 Appointment to the San Diego Association of Governments

The City Council shall recommend and majority of the City Council shall

appoint one of its members to serve on the Board of Directors of the San Diego Association of Governments (“ SANDAG”) and two of its members to serve as a first alternate and a second alternate. The appointed members shall serve until successor members are appointed by the City Council. Ord. No. 2023-3, Added, 01/26/2023)

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Chapter 2.16

City Council Elections