CHAPTER 2.04 - COUNCIL MEETINGS—PROCEDURAL RULES#
Footnotes: --- (1) ---
Editor's note— Ord. No. 898B, § 1, adopted April 28, 2015, repealed Ch. 2.04 in its entirety and enacted a new Ch. 2.04 to read as set out herein. Former Ch. 2.04 pertained to similar subject matter and derived from Ord. 308B, adopted in 1976; Ord. 321, adopted in 1977; Ord. 392B, adopted in 1981; Ord. 419B, adopted in 1982; Ord. 425B, adopted in 1982; Ord. 487B, adopted in 1987; Ord. 492B, adopted in 1987; Ord. 521B, adopted in 1989; Ord. 529B, adopted in 1989; Ord. 657B, adopted in 1998; Ord. 665B, adopted in 1998; Ord. No. 830B, adopted Jan. 22, 2008.
2.04.010 - Authority.#
The rules of procedure of the city council set out in this chapter are adopted pursuant to Gov. Code Section 36813 and the city's police powers as set forth at Article 11, Section 7 of the California Constitution.
(Ord. No. 898B, § 1(Exh. A), 4-28-2015)
2.04.020 - Regular meetings.#
The city council shall, by resolution, establish the day, time, and place of regular meetings of the city council. City council agendas shall be posted and mailed pursuant to the requirements of the Ralph M. Brown Act (Gov. Code § 54950 et seq.).
(Ord. No. 898B, § 1(Exh. A), 4-28-2015)
2.04.030 - Special meetings.#
Special meetings of the city council may be called as permitted by the Ralph M. Brown Act (Gov. Code § 54950 et seq.).
(Ord. No. 898B, § 1(Exh. A), 4-28-2015)
2.04.040 - Quorum.#
(a) Except where otherwise provided by law, three city councilmembers, present and qualified to act, shall constitute a quorum for the transaction of business at city council meetings.
(b) In the absence of a city council quorum, a lesser number of councilmembers may adjourn the meeting or postpone any business to a later time, provided that not less than thirty minutes have elapsed after the hour set for such meeting.
(c) In the absence of all city councilmembers at a noticed city council meeting, the city clerk shall adjourn the meeting to a stated day and hour. The city clerk shall thereafter personally serve each member with a notice of the time of such adjourned meeting.
(Ord. No. 898B, § 1(Exh. A), 4-28-2015)
2.04.050 - Disorderly conduct and decorum.#
If a meeting is willfully interrupted by any person or persons in such a way that renders the continuation of the meeting infeasible, the mayor or other presiding officer may order the offending person or persons removed or may order the city council chambers cleared and continue the meeting. Members of the press, other news media, and city staff may remain unless they participated in the willful interruption.
(Ord. No. 898B, § 1(Exh. A), 4-28-2015)
2.04.060 - Mayor; presiding officer.#
(a) The mayor shall preside over and preserve order at all meetings of the city council. In the absence of the mayor, the mayor pro-tempore shall preside. In the absence of both the mayor and mayor pro-tempore, the city councilmember with the longest continuous tenure on the city council shall preside.
(b) The mayor or other presiding officer shall decide all questions of order without debate, subject, however, to advice from the city council and city staff.
(c) The mayor or other presiding officer may move or second from the chair, and shall have the right to debate subject only to such limitations of debate as are imposed on all members, and shall be deprived of none of the rights or privileges of a councilmember by reason of his/her occupying the chair.
(Ord. No. 898B, § 1(Exh. A), 4-28-2015)
2.04.070 - Agenda.#
The city manager, in consultation with the mayor, shall prepare an agenda for each meeting of the city council, setting forth the business to be conducted and a brief description of each item of business. Agendas of all city council meetings shall be prepared and posted consistent with the Ralph M. Brown Act (Gov. Code § 54950 et seq.). The order of business of the city council shall be as specified in the agenda and may include, without limitation, any public presentations, an opportunity for citizens to address the city council, a consent agenda, public hearings, general business, and potential action items, informational items, consideration of city council resolutions and ordinances, city councilmember committee and other reports, and an opportunity for city councilmembers to request items to be placed on future agendas (city council-initiated business). The format of the agenda shall be approved by city council by resolution. The order of business of any agenda may be changed at any time by a majority vote of the city council.
(Ord. No. 994B, § 5, 6-25-2019; Ord. No. 898B, § 1(Exh. A), 4-28-2015)
2.04.080 - Minutes; preparation.#
(a) The minutes of the city council shall be kept by the city clerk and shall be neatly typewritten in a book kept for that purpose, with a record of each particular type of business transacted set off in paragraphs; provided, that the city clerk shall be required to make a record only of such business as was actually passed upon by a vote of the city council, and shall not be required to record any remarks of city councilmembers or of any other person except at the special request of a member of the city council; provided further, that a record shall be made of the names and addresses of persons addressing the city council, if provided, the title of the subject matter to which their remarks related and whether the person spoke in support of or in opposition to such matter.
(b) The city clerk shall present a draft of the minutes to the city council for review and approval at a city council meeting following the preparation of the draft minutes by the clerk.
(Ord. No. 898B, § 1(Exh. A), 4-28-2015)
2.04.090 - Public addressing the city council.#
(a) Members of the public may address the city council consistent with the Ralph M. Brown Act (Gov. Code § 54950 et seq.). The presiding officer may limit comments, testimony or debate on any matter before the city council in order to provide reasonable time for all interested parties to be heard. However, members of the public addressing the city council on any item shall generally have at least three minutes to address the city council, unless modified by the presiding officer.
(b) Whenever any group of persons wishes to address the city council on the same subject matter, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the city council and, in case additional matters are to be presented at the time by any member of such group, to limit the number of persons so addressing the city council so as to avoid unnecessary repetitions.
(Ord. No. 898B, § 1(Exh. A), 4-28-2015)
2.04.100 - Motion procedure.#
The making and handling of motions shall be governed by the presiding officer, subject to the provisions of the Chart of Procedure, attached to this chapter as Appendix A. The Chart of Procedure, attached to this chapter as Appendix A, shall govern the order and precedence of motions unless otherwise required by law.
(Ord. No. 898B, § 1(Exh. A), 4-28-2015)
2.04.110 - Majority vote.#
Except where otherwise required or authorized by law, passage of resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of the city council in favor of the item.
(Ord. No. 898B, § 1(Exh. A), 4-28-2015)
2.04.120 - Abstention.#
An abstention of a city councilmember shall be recorded where a city councilmember, either due to a conflict of interest, choice, or otherwise, does not register a vote and instead casts no vote whatsoever. An abstention shall not be considered for purposes of determining a majority vote; i.e., a motion would fail to receive a majority vote when the vote is 2-2 with one abstention.
(Ord. No. 898B, § 1(Exh. A), 4-28-2015)
2.04.130 - Nature of procedural rules.#
The procedural rules set forth in this chapter are adopted as guidelines to assist in the operation of the business of the city council. Nothing herein is intended to impose a mandatory duty upon the city council beyond that imposed by state law. Except as otherwise provided by state law, any lack of compliance with these rules shall not confer upon any person a cause of action against the city council, the city, its agents or employees, or any other person or entity. Except as otherwise provided by state law, any of the rules set forth in this chapter may be waived by majority vote of the membership of the city council.
(Ord. No. 898B, § 1(Exh. A), 4-28-2015)
2.04.140 - Filling city council vacancy.#
If a vacancy occurs in the city council, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent.
(Ord. No. 1074B, § 6, 1-9-2024; Ord. No. 898B, § 1(Exh. A), 4-28-2015)
APPENDIX A—CHART OF PROCEDURE#
| Type of Motion | Second Required | Debatable | Amenable | Priority Over Pending Motion | Reconsidered | Interrupt Speaker |
|---|---|---|---|---|---|---|
| Adjourn (sine die) | Y | Y | ||||
| Amend or substitute | Y | Y | Y | Y | Y | |
| Appeal | Y | Y | Y | Y | ||
| Limit Debate | Y | Y | Y | Y | ||
| Main Motion | Y | Y | Y | Except "table" | Y | |
| Nominations | Y | |||||
| Personal Privilege or Point of Order | Y | Y | Y | |||
| Postpone to Time Certain | Y | Y | Y | Y | Y | |
| Previous Question | Y | Y | Y | |||
| Recess or Adjourn to Time Certain | Y | Y | Y | |||
| Reconsider | Y^1 | Y^2 | ^3 | |||
| Table or Take From Table | Y | Y^4 | ||||
| Take Up Out of Order | Y | |||||
| Withdraw a Motion | ^5 | Y | Y |
"Y" indicates that this action can be taken, is necessary, is required, is permitted or is applicable.
No mark indicates that this action cannot be taken, is unnecessary, or inapplicable.
^1 May only be made by a person who voted on prevailing side; not applicable to "table" motions.
^2 If prior motion was.
^3 Except for request for later action.
^4 Highest subsidiary motion—takes precedence over all motions except adjourn and privilege.
^5 Must be voted unless no objection.
(Ord. No. 898B, § 1(Exh. A), 4-28-2015)