HomeMy WebLinkAboutORD 3488ORDINANCE NO. 3488
ORDINANCE OF THE COUNCIL OF T'ifECI'rY OF PALO ALTO
REPEALING CHAPTER 2. 04 OF THE PAirO ALTO MUNICIPAL
CODE AND ADOPTING A NEW CHAPTER 2.04 REGARDING
COUNCIL ORGANIZATION AND PROCEDURE
'!'he Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 2.04 of the Palo Alto Municipal Code is hereby
repealed.
SECTION 2. Chapter 2.04 ia hereby added to the Palo Alto Munici
pal Codeto read as follows:
See Exhibit "A" attached hereto and incorporated
herein by this reference.
SECTION 3. The Ccluncil finds that none of the provisj,ons of this
Ol'dinance wifl have a Gignif icant erwiromflerttal imp,act ~
SECTION 4., 'J.1his ordinance shall become effective upon the corn-
mencement()t-t]1e thirty··first day after its adoption.
INTRODUCED: November 21, 1983
PASSED: December 5, 1983
AYES: Bechtel t Cobb, Eyerly, Fazzino, Fletcher, Klein, Levy, Renzel,
Witherspoon
NOES: None
ABSTENTIONS: None
ABSENT: None
APPROVED:
c ~JeJ[~
APPROV AS TO FORM:
~.£~~ ~ C~ty Attorney
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CHAPTER 2.04
COUNCIL O.P..GANIZATlON AND PROCEDURE
Sections~
2.04.010
2 .• o<1.o:w
2.(.!4.030
2.04.040
2.04.045
2.04.0SO
2.04.055
2.04.060
2.04,065
2~04.070
2.04.080
2.04.090
2.04.110
2.04.110
2.04.130
2.04.160
2.04.1'70
2.04~180
2.04.190
2&04.200
2.04.210
2.04.220
2~04.230
2~04.240
2 .. 04.250
2.04.260
2.04.280
2.04.300
2.04.310
2.04.320
2.04.330
2.04.340
2~04.:..50
2.04.360
2.04.370
2.(\4.380
2.04.390
2.04.395
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CHAPTER 2 .• 0 4
COUNCIL O-RGANIZATION AND PROCEDURE
Regular: meeting.
Special meetings.
Meetings to be public.
Quorum.
8lection of Mayor and Vice Mayor.
Agenda
Emergency or urgency matters.
Order of business
Time specification of items.
Duties of presiding officer.
Call to order -presiding officer
Roll ca.ll o
Procedural rules.
l~ddre.ssing the council~
Addressing the council -time limit.
Decorum of councilmernbers and visitors.
Enfo~cement of decorum.
Smoking, food and drink prohibitited in council
cham~ers and council conference room.
Persons authorized to be within council and staff area.
P~cparation of minutes.
council not to interfere in administrative service.
City manager authorized to process council mail.
Standing committees -special committees.
Standing committee procedural rules~
Committee on finance and public wo~ks.
Committee on policy and procedures.
Council representatives on various public bodies.
Method of action.
Preparation of ordinances.
Prior approval of ordinances by administrative staff.
Introducing ordinances and resolutions for passage
and approval.
Title of ordinance~
Ordaining clause.
Vote by voice yote, or roll call, or electronic voting
device.
Vote required on ordinances, resolutions, and election
of Mayor and Vice Mayor.
Signature by presiding officer, attestation and filing
of ordinances and resolutions~
Expense allowance for councilmembers.
Salary of councilmembers.
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2 .. 04.010 &egt.Uar Reet!ag. The council of the city of Palo
Alto shall hold regular meetinqs on the first four Mondays of each
month, at seven-thirty p.m. in the council chambers of the City Hall,
250 Hamilton Avenue, in said city unless the council chambers shall be
determined by a ~ajority vote of the council to be inad~quate or un
available for a aeeting, in which event the council may designate some
other suitable place in the city for the conduct of the meeting.. The
determination to hol.d the Jleeting at a place other than the council
chambers may be ~ade by the mayor prior to the regular meeting date,
provided that notice of the change in place for conduct of the meeting
shall be published prior to the meeting in a newspaper of general cir
culation published in the city, setting forth the reasons for the
change, and a copy of th~ notic~ shall be posted on the council chamber.
door for at least twenty-four hours prior to the time scheduled for the
meeting and d uri. n.g the meeting. If the counc i.l adjout"ns its meeting
from the council chambers to adother place, notice to adjourn and the
new pla.ce for holding the meeting shall be posted on the council
chamber door during the time the meeting is being held.
l.O.ft .. 020 Special a.eetings.. Provided that legal requirements
for ghd.ng notice of Special Meeting can be met, special meetings
called for other than regular meeting days shall be scheduled by a
majority of the Council present and voting at a regular meting. Not
withst~ndin~.i this provision, a special meeting may be called at any
time by ~he mayor or by a majority of the members of the city council,
by delivering personally cr by mail written notice to each member of
the city council amd to each local n.e~,spaper of general ch:cula}·: :~c'J~~,
radio or television station requesting notice in writing. Such notice
must be delivered personally or by mail at least tl#'enty-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 transactede No other business shall be considered
~.t such meetin9 by the 1~ islative body. Such writ ten not ice JGay be
dispensed with as to any member vho at or prior to the time the meeting
convenes files with the city cler~ a written waiver of notice. Such
waiver may be given by telegram. Su~h written notice may also be dis
pensed with as to any councilmeaber who is actually present at the
meeting at the tiae it convene-s. The failure to receive any mailed
notice shall not iapair the validity of any action taken at such
special meeting.
2.040.0ltl Jleetioge to be public.. All reqular and special
meetings of the city councilt the city council sitting as a committee
of the whole, and of all standing committees of the city council shall
be open to the public; provided, however, that closed sessions may be
held from which the public may be excluded, for tt:e consideration of
the following subjects:
(1) Personnel ~atters, i.e.:
(a) The appointment or dismissal of a public employee, and
(b) The bringing of complaints or charges again3t a public
employee unless the employee requests a public hearing ..
The presiding officer may exclude from any closed ses-
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{ 2 )
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sion during the examination of a witness any or all
other witnesse:s in the matter being i.nvestigated. For
pur-poses of this subsection, the term "employee" shall
not. include any person appointed to an office by the
city council, e~cepting the city manager~ city attorney,
city clerk and city controller, or other p~rson acting
in a similar administrative pcsitioni
security matters,
public's right of
facilities;
:i ~e., matters posing a thred,t
access to public services or
to the
public
( 3} Employe:r.-employee re 1 at ions 1 i.e. , s~ss ions with designated
representatives prior to and during consultations and discus
sions with representatives of employee organizations regard
ing salaries ~md \ol'orking conditions of employees in or:dcr to
review its position and to instruct its designated represen
tat.ivesi
( '1) Lit ig.3t ion, Doth pending and threatened, and whether prose
cuted by or against the city.
2 .. 04 .. 040 Quoru:a.. (a} A m.=.tjor: it)' of the ccunc i 1 shall const i-
tute a quorum for the transaction of business, but a less number may
adjourn from time to time and may compel by a notice the attendance of
absent members refusing or neglecting to attend such meetings9 Dis·
obedience of the notice may be punished at the df,~cretion of the
council by a fine as is deemed proper. The notice may be by any means
giving actual notice to appear, and may be given by the city clerk or
any person authorized by the council.
(b) When th-ere is no quorum, the mayor or· vice mayor, or any
councilmember shall adjourn such meeting, or if no councilmember is
present, the city clerk shall adjourn the meeting.
2.04.045 Election of Kayor and Vice Rayor.. In accordance
with the Charter at the first meeting in January each year, t~e council
shall elect one of its members as mayor and one as vice mayor~ The
election of mayor and vice mayor shall be by a vote of a majority of
members of the council. The mayor shall be seated and assume the
duties of pcesiding officer iaunediately following the election of mayor
and before the election of the vice mayor.
2 .. 0,.050 Agenda. (a) The City Clerk shall be noti·fied not
later than twelve noon on the preceding Wednesday of the titles of all
agenda items to be sublllitted to the council at its regular meeting ..
All reports, ordinances, r~~sol uti.ons, contracts, documents or other
matters and supporting mat~rials in sufficient quantity for full packet
distribution shall be delivered to the city clerk not later than twelve
noon on the pre,!ed ing ~rhursday. The city clerk shall prepare the
agenda of all such matters according to the order of business (Sectlon
2. 04.060) numbering each item consecutively. A complete copy o,f such
agenda and the aforesaid supporting materials shall be delivered or
mailed to each councilmember and each depar:tment head so as to reach
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' ' the recipient not later than seven p.&. on the Thursday preceding each
council meeting9 The ~genda and materials, including any letters from
councilmembers to their co.lleaques conc~rni ng agenda i te11s t shall be
available to the public, all newspapers of general circulation ~ithin
the City, and in the office of the city clerk, and ~hall be delivered
to all city libraries, except the Children's Lib~ary, by nine a.m. on
the ~riday preceding each council meetin9,. tU'Jtl posted in the council
chambers duJ: inq each meeting. Copies of the agenda !lay be obtained
during business hours on the Friday preceding the m~~ting and the day
of the meeting at the office of the city clerk, at all city libraries,
except the Children's Library, and in the council chambers during each
meeting. The ci t~l clerk shall cause a digest of t,he agenda t•:> be
published in a newspaper of gener.al circulation at J.east twenty-four
hours before each meeting.
2 .. 04.055 Eaergency o:r UI"91Hlcy aatters. No rnatter.s other than
those on the agenda shall be finally acted upon by the co unci 1; pro
vided, however, that emergency ordinances as defined in Section
2.04e330 (e) and matters deemed to be emergencies o:c of an urgent
na tut·(~ by an)' counc ilmember, the city manager or the city at tor.ney,
with an explanation of the ~mergency or urgency stated in open council
meeting may, with the consent of the majority of the council be con
sidered o1nd acted upon by the counc:i.l. Provided further that this
section shall not apply to matters taken from the table as provided for
inS 2.04s110(6).
2 .. 04.060 order of business.. (a} .~'~.t seven-thirty p.m .. on the
day of each regular meeting, t.he city councilrnembers, ci.ty clerk, city
attorney, city manager, city controller 1 and such department h~ads as
have been requested to be present, shall take their regular stations in
the council chamber, and the business of the council shall be taken up
for consideration and di-sposition in the following order; except, that
with a vote of a majority of the councilaembers present, matters may be
taken up out of order, and except as provided in subsection (b);
(1) Roll call;
(2) Oral communications upon iteMs not appearing elsewhere on the
council's agenda .. This period shall be limited to five minutes per
speaker1
(3) Approval of minutes of previous meetin9(s)r
(4) Special order.s of the day1 ·
( 5) Consent Calendar. I teas may be placed
calendar by any council-appointed officer whenever,
judgment, such items are expected to be routinely
discussion or debate.
upon the consent
in such officer~s
approved without
The consent calendar shall be voted upon as one itea, and the vote
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shall not affect the validity of the action taken upon any such indivi-·
dual item. Any councilmember may requrest that an individual item be
removed from the consent calendar in which case the item shall be con-
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' sidered at the end of the agenda item in which it would have otherwise
appeared. No discussion or debate shall be permit ted upon items UJ:.X)O
the consent calendar~ however, any councilmember may request that such
member's vote be recorded z.s other than aye on any indhr idual item
without removing the same from the consent calendar.
The consent calendar shall be in two parts, as follows:
(i) Items recommended for referral to any city agency, body,
committee, board~ commission or officer
(ii) All other items
(6) Agenda changes, additionsr and deletionsi
(7) Unfinished business;
(8) Public hearings~
(9) Reports of cornmitteesjcommissionsr
{10) Resolutions;
( 11 ) Ordinances;
(12) Reports of officialsJ
(13) Council matters;
(14) Adjournment.
(b) Items to be cons ide red after· 10; 30 p ~ m. At ten-thirty p.m.
the ~ity council shall determine by vote whether it will commence any
new items after eleven p.m. If the council votes to commence new
items, it shall determine which specific iteNs will be taken up.
(c) Scheduling of closed session. Closed sessions shall be
scheduled to the extent possible and appropriate prior to regul~lr or
special council meetings.
(d) Meeting adjourned sine die. When a regular meeting is ad
journed sine die (without a day), all unfinished items will be listed
under unfinished business on the next regular council meeting agenda:
except, that where deemed necessary, the city clerk, with the city
manager's concurrence, may place those business items in a different
-order on the agenda.
(e) Meeting adjourned to date certain.
adjourned to another regular meeting night,
be listed in their original order after roll
designated regular meeting.
When a regular meeting is
all unfinished items will
call on the agenda of such
(f) Continued items. When an item on the agenda is continued to
a subsequent meeting, such item will be listed under unfinished busi-
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ness on such agenda unless the council by majority vote chooses to
place such item in a different location on such agenda or unless the
city clerkr with the city roanager 9 s concurrence, deems it necessary to
place such item at a different location on such agenda.
2.04.065 TiM specificatioa of itES&o The city manager, with
prior approval of the mayor, is authorized to designate upon the agenda
of the city council, and the city clerk shall publish in the Agenda
Digest, items that shall be taken up at a specific time during the
course of the rueeting. Upon said hour, the council may suspend consid
eration of the item then under discussion, or may complete considera
tion of such item, and then must c1..1mmence consideration of such ite~
for which time is specified, without further action to take said item
out of order upon the agenda~
2-904.0./0 Duties of pr*!aiding officerG (a) ln the absence <)f
the mayor, the vice mayor shall be the presiding officer of the ~oun
cil~ The presiding officer shall preserve strict order and decorum at
all meetings of the council, announce its decision on all subjects and
decide all questions of order~ subject, however, to an appeal to the
council. The presiding officet' f:,hall vote em all questions as other
members of the council~
{b) In the event the vice mayor is absent, the mayor shall have
the x:ight to na.me any member. of tha coun(:il to perform the duties of
presiding officer, but such substitution shall not extend beyond an
adjournment, except as provided for. in (c) below.
(c) All ordinances, resolutions, and other such documents adopted
and contracts approved by the council at a meeting shall be signed by
the presiding officer of that meeting~
2 .. 04.080 Call to order -presiding offic:er. The mayor, the
vice mayor, or the temporary presidin9 officer appointed by the mayor,
shall take the chair at the hour appointed for the meeting, and shall
call the council to order. In the absence of the mayor and the vice
mayor, and failiJ~:·e of the mayor to appoint a temporary presiding
officer, the city clerk or the assistant city clerk, shall call the
council to order, whereupon a temporary presiding officer shall be
elected by a majority of the councilmembers present. Upon the arrival
of the mayor or the vice mayor, the temporary presiding officer ahall
relinquish the chair at the conclusion of the business then before the
council.
2 .. 04.090 Boll call. Before p·r:oceeding with the business of
th~ council, the city clerk shall call the roll of the councilmembers
and the names of those present and those absent shall be entered in the
minutes.
2.04.110 Procedural Rules.
(A) Precedence of mot1ons9 When a motion is before the council,
no motion shall be entertained except~
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(1) Fix the time to which to adjourn
{2) Adjourn
(3) Take a recess
(4) Raise a question of privilege
(5) Call for the Orders of the Day
(6) Lay on the table
(7} Previous question (close debate)
(B) Limit or extend limits of debate
(9) Postpone to a certain time (postpone definitely)
( 10) Refer to Committee
(11) Amend
(12} Postpone indefinitely
(13) Take from the table
These mot ions shall have precedence
except that a motion to recom:dder
motions.
{B) Processing of motions
in the order indicated above,
shall have precedence over all
( 1 ) Fi>: the time to which to adjourn. A mot ion to fix the
time to which to adjourn requires a second, is amendable and is debat
able only as to the time to which the meeting is adjourned. The pur
pose is to set a time for continuation of the meeting.
(2) Motion to adjourn requires a second and is not debatable
except to set the time to which the meeting is adjourned. A motion to
adjourn shall be in order at any time, except as follows~ (a) when
repeated without intervening business or discuss ion 1 ( b} when made as
an interruption of a member while speaking; (c) when the previous
question has been ordered; and (d) while a vole is being ta.'ten.
( 3} Motion to take a recess. A motion to take a recess
requires a second, is amendable,. but is not debatable~ Purpose is to
interrupt the meeting~
( 4) Motion to raise a question of personal privilege. The
right of a councilmember to address the council on a question of per
sonal privilege shall be limited to cases in which the councilmember•s
integrity, character or motives ar~ questioned, or to where the welfare
of the council is concerned; the maker of the mot1on may interrupt
another speaker if the presiding officer recognizes the ~'~privilege."
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The motion does not require a second, is not amendable and is not
debatable.
( 5} Motion to call for the orders of the day.. A moti.on to
call for the orders of th~ 1ay does not require a second, is nat &nend
able, and is not debatable~ Purpose is to require adherence to the
agenda.
{6) Motion to lay on the table. Purpose is to interrupt
business for more urgent business. A motion to lay on the table re
quires a second, is not amendable and is not debatable. It shall pre
clude all amendments or debate of the subject under con$ideration. If
the intent is to postpone indefinitely, a motion to postpone indefi
nitely should be used in place of this motion~ If the motion prevails,
and the subject is tabled, the matter may be Ntaken from the tabl~M at
any time prio:.:: to the end of the next regular meeting in accordance
with 2~04.110 {B) (13). The foregoing shall not preclude any council
member agendizing the subject for a later city council meeting.
( 7) Motion for pre~1i0~1S question., A motion for pre\1ious
question requires a second, is not debat.able and is not a.mendable. It
applies to all previous motions on the subject unless otherwise speci
fied by the maker of the motion. lf motion for previous question
fails, debate is reopened~ if motion for previous question passes, then
vote on the pendin9 motion. Motion for previous quest.ion requires a
two-thirds' vote of those councilmembers present and voting~ Purpose
is to close debate on pending motion.
(8) Motion to limit ar extend debate. A motion to limit or
extend debate requires a second, is amendable and is not debatable.
The motion requires a two-thirds vote of those councilmembers present
and votin9. Purpose is to limit or extend debate.
(9) Motion to postpone to a certain time. A motion to pos.t
pone to a certain time is amendable, and is debata!.Jle as to pt'opriety
of postponement and time aet. Purpose is to postpone to another 1
specified time.
( 10) Motion to refer to a City agency, body, colftmittee,
board, commission or officer. A faction to refer requires a second, is
amendable, and is debatable only as to the propriety of taferri.ng. The
substan~e of the subject being referred shall not be discus~ed at the
time the motion to refer i.s made. Purposo of the motion is to send
subject to another city agenc:y·, body, commi..ttee, board, col'QJi'liss ion or
officer for further study ana report. back to council, at which time:
subj~ct is fully debated.
(11) Motion to amend. A motion to amend requires a second,
is amendable, and is debatable only when the motion to which it applies
i:$ debatable. A motion to amend an amendment is in order, but one to
amend an amendment to an amendment is not. An amendment modifying a
motion is in order but an amendment raising an independent questi-.>n or
one that is not germane to the main motion sha.ll not be in order.
Amendments take precedence over the main motion and the motion to post-
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pone indefinitely. Amendment~ to amendments are voted fir:st, then the
amendment, then the main motion as amended.
( 12) f'.\otion to postpone indefinitely. A motion to postpone
indefinitely requires a second, is not amendable, and is debatable. If
the motion is adopted, the principal question shall be declared lost.
The purpose of the motion to postpone indefinitely is to avoid a direct
vote on the main motion. Its correct use is when the intent is to not
·vote on the matter at all. It should not be confused with the motion
to lay an the table, which is a means of temporarily bypassing a sub
ject.
( 13) Mot ion to take from the table. A motion to take from
the table may be made at any time prior to the end of the next regular
meeting following the meeting at which the item was tabled. It should
be made at a t:i.me when there is no business before the council,, Put·
pose is to consider business previously laid aside in favot of mm::e
urgent business~ A motion to take from the table requires a sacond, is
not debatable, and is not amendable.
( i) Presiding officer to state motion. When a mot.ion is
made and seconded, it shall be stated by the presiding officer before
debate. The presiding officer shall restate the mot1on prior to
voting.
( i i) Presiding officer m~.y debate and vote. The presiding
off :leer may move, second and debate from the chair, subject only to
such limitations of debate as are by these rules imposed on all coun
cilrnembers. The presiding officer shall not be deprived of any of t~e
rights and privileges of a councilmember.
(iii} Division of question. If the question contains two or
more divisional propositions; each of which is capable of standing as a
complete proposition i£ the others are removed, the presiding officer
may, and upon request of a member shall ('mless appealed), divide the
same~
(iv} Withdrawal of-motion. A motion may not be withdrawn by
the mover without the consent of the councilmember seconding it.
(v) Change of vote. Councilmembsrs may change their votes
before the next order of business~
(vi) Voting~ On the passage of every motion, the vote shall
be taken by voice or roll call or electroe1ic voting device and entereo
in full upon the record.
(vii) Silence constitutes affirmative vote. Councilmembers
who are silent during a voice vote shall have their vote recorded as an
affirmative vote, except when individual councilmembers have stated in
advance that they will not be voting.
(viii) Failu:r:e to vote~ It is the responsibility of every
counc ilrnember to vote unless disqualified for cause accepted by the
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council or by opinion of the city attorney. No councilmember can be
compelled to vote~
{ix) The abstainer, in effect, "consents• that a majority of
the quorum may act for him. or her.
(x:) Tie votes.. Tie votes may be reconsidered during the
time permitted by subsection (xii) of this section on motion by any
member of the council voting aye or nay durin9 the original vote ..
Before a motion is made on the next item on the agenda, any member of
the council may make a motion to continue the matter to another date.
Any continuance hereunder shall suspend the running of any time in
which action of the city council is required by law.. Nothing here.in
shall be constt:ued to p1~event any councilmember from agendh:ing a
matter which resulted in a tie vote fo~ a subsequent meeting~
(xi) Motion to reconsider. A motion to reconsider any action
taken by the council may be made only during the meeting or adjourned
meeting ther.:eof when the action was taken.. A motion to reconsider
requires a second, is debatable and is not amendable.. Such motion must
be made by one of the prevailing side, but may be seconded by any
<~o1.mcU.rnember. A motion to reconsider may be made at any time and
shall have precedence over ~11 other motions, or while a councilmember
has the floort providing no rights have intervened to create an estop
pel.. Purpose is to bring back matter for review. If a motion to
reconsider fails, it may not itself be reconsidered. Reconsideration
may not be moved more than once on the same motion~ Nothing herein
~hall be construed to prevent any councilmember from making a motion to
rescind such action at a subsequent meeting of the council.
{xii} Appeal from decision of presiding officer. When the
ru.les are silent, the presiding officer shall decide ~.11 questions of
order, subject to appeal by a councilmember. When in do1.~bt, the
presiding officer m~y submit the question to the council, in which case
~ majority vote shall prevail. Any decision or ruling of the presiding
officer may be appealed by request of any member. The presiding
officer shall call for a roll call or electronic voting devise vote to
determine if the presiding officer's ruling shall be upheld. If said
vote passes or results in a tie vote, the presiding officer's ruling
shall stand$ If sa!d vote fails, the decision or ruling of the presid
ing officer is reversed.
(xiii) Getting floor1 improper references to be avoided. Every
council member desiring to s.pealc shall address the chair and, upon
recognition of the presiding otfice, every councilmember shall be con
fined to the question unde-r debate, avoiding ;,.11 indecorous language
and referen~e to personalities.
(xiv) Interruptions. Except for being called to order, a
councilmember once rec09nized, shall not b·e .interr\lpted when speaking,
except as otherwise provided for in these rules. A councilmember
called to order while speaking shall cease speaking until the question
of order is determined, and, if in order, said councilmembet· shall be
permitted to proceed.
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.1 .. 04.120 Md:cessin·g the council. Any person desiring to
address the council shall first secure the permission of the presiding
officer so to do; provided, however 1 that under the following hearings
of business, unless the presiding officer rules otherwise, any quali
fied and interested person shall have the right to address the council
upon obtaining recognition by the presiding officer. No person, other
than a councilmember and the person having the floor, shall be permit
ted to enter into any discussion without the permission of the presid
ing officer-.
( 1) Public hearings. Interested persons or their authorized
representatives may address the council in regard to matters then under
consideration.
( 2) OraJ. communications. Any person who has notified t.h~~ City
Cler-k that they wish to address Council shall be recognized by the
presiding officer during Oral Communications or during agenda items on
any matter concerning the city's business, or any matter over whi.ch the
council has control; provided, however, that during the Oral Communica
tions portion of the agenda, only items not on the agenda for that
meeting may be addressed. All remar·ks shall be addressed to the
council as a body and not to any member thereof. Councilmembers shall
not enter into debate or discussion with speakers under Oral Communica
tions. It shali. be the prerogative of the presidin•::J offi.cer to say
that the City Manager will respond at a later date&
2 .. 04.1.30 Addressi119 the Council tiae liait. (a) Indivi-
duals,. Persons wishing to address the council shall step up to the
microphone in the front of the rail, give their name and address in an
audible tone of voice fot· the record, and unless further time is
granted by the presiding officerp their remarks shall not exceed fiv~
minutes. In the case of a hearing required by law, sufficient addi
tional time shall be granted to allow an adequate presentation~
(b) Spokesperson for a group of persons. When any group of
persons wishes to address the council on the same subject matter, it
shall be proper for the presiding officer to request that a spokes
person be chosen by the group to address the council.
{c) Public 9 s opportunity to speak.. The public shall have the
opportunity to speak prior to final action~
{d) Addressing the council after motion made. F'ollowtng the time
for public L1put and once the matter is returned to the council no
person shall address the council without first securing the permission
of the council so to do, subject to approval of the council's legal
adviser with respect to any haa~ing required by law.
2.0-1 .. 160 Decorus of councilaelabers a.nd visitors. (a) While
the council is in session, the councilmembers must preserve order and
deco::um ~ and no councilmember shall, by conversation or otherwi!$e,
delay or interrupt the proceedings or the peace of the council nor
disturb any councilmember while speaking, or refuse to obey the orders
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of the council or other presiding officer, except as otherwise herein
provided.
(b) Any person makin9 offensi\•e, insulting, threatening, inso
lent, slanderous, or obscene remarks or who shall become boisterous or
who shall make threats against any person or against public order and
security while in the council chamber shall be forthwith, by the
presiding officer, barred from further audience at the meeting before
the council, unless pet'mission to continue be granted by a 111ajority
vote of the council.
2 .. 04.170 :lnforce.ent of decortD~e The chief of police O"C the
repce~sentative of the chief of police shall be ex officio sergeant-at
arms of the council. The ex officio se!'geant-at-arms shall ca·rry out
all orders and instructions given him by the presiding officer for the
p1.n::pose of maintaining .order and dec~1rum in the council chamber. Any
person in the audience who violates any provision of subsection (b) of
Sect ion 2.. D 4. 1 60 shall be deemed guilty of a misdemeanor, a11d upon
conviction thereof, shall be punished by a fine of not more than one
hundred dollars, or by imprisonment in the county jail for a period of
nQt more than thirty days, or by both such fine and imprisonment. Upon
instructions of the presiding officer, it shall be the duty of the ex
off .icio se:r.:gean t-at-arms ot· any pol ice officer pr-esent to eject any
such person from the council chambers or place him or her under arrest#
or both.
2.04 .. 180 S.OkiQ9, food and drink prohibited iD council chaabers
and council con:~oerence rooa.. It shall be unlawful for any person to
smoke in the council chambers or to bring food a.r.d drink into the
council chambers at any time$ Smoking, food ~nd drink is prohibited in
the council conference room during Cit.Y Council or Council Standing
Com.rnitteesf meetings. Smoking shall be prohibited during closed
sessions of the City Council wherever they are held.
2.04.190 Peraooa autborixed to be witbio council and staff
area. No person, except city officials,. their representatives, and
representatives of newsgathering a9encies, shall be permitted within
the Council and staff area~
1.04 .. 200 PreparatiOD of ainatea... (a) Method of keeping
minutese The minutes of the council shall be kept by the city clerk·
and shall be neatly typewritten in a book kept for that purpose, with a
recor-d of each particular type of business transacted set off in para
graphs, with proper subheads. The city clerk shall make a record
together with $ense minutes as provided hereafter, of all business
discussed at regular or special meetings of the council. The minutes
shall not be a verbatim transcript of the proceedings. A record ehall
be made of the names and addresses of persons audressinq the council,
together with a brief summary of their remarks indicating whether they
spoke in support of or in opposition to such matter.
(b) Sense minutes. Sense minutes include all actions taken and a
short synopsis of the remarks of such councilmembe~s, staff and members
of the public as speak upon a particular matter unaer discussion.
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(c) Delivery of minutes. As soon as possible after each council
meeting the c1 ty clerk~ s off ice shall cause a copy of the minutes
thereof to be forwarded to each councilmember, the city manager, other
officers and department heads of the city, all newspapers of general
circulatio11 within the city, and be made available to the public at the
front counter in the clerk's off ice, the table and bullet i.n board in
the council chambers, and all city libraries, except. the Children's
Library.
(d) Approval of council minutes. At the meeting following publi
cation, counc ~ 1 minutes shall be agend ized by the c i.ty clerk for the
council, s approval. Corrections to the minutes shall be made at the
meE"r i ng. Counc i lmem.bers may submit their correct i<Jns in writing or
verbally to ti'Hl ci.ty clerk's office before the time of the meeting.
'l'he city clerk shall dis:tribute a ~;1ritten copy 1,>f all corrections
rG>ce i ved d lu· i ng reg ula:c business hout' s to all counc ilmembers at th~
meeting.
2.04.210 Council not to interfere in adainist~ative service
Neither the counc i 1 nor any of its corr1mi t.tees o·c members shall direct,
req<.H~st or at tempt to influence, either. directly or ind i r.ectly, the
al:)pointrr.ent of an';r' person to oft ice or employment by the city manager
or in any manner interfere with the city manager or prevent the city
manager from e~erc1s1ng individual judgment in the appointment of
officers and employees in the administrative service. Except for the
purpose of inquiry 1 the council and its members shall deal with the
administrative service solely throw;Jh the c:ity manager, and neither. the
council nor any member thereof shall give orders to any of the subordi
nates of the city manager, either publicly or privately.
2.04.-220 City IIIM&Dager aothoriaed to process council aail.
Any written communication, except anonymous correspondence, books, and
publications, dddressed to the city council shall be reproduced and
distributed to the city council. Those items not reproduced shall be
circulated to councilmembers~ The city manager is authorized to
receive and open all mail addressed to the city council an.d give it
immediate attention to the end that all administrative business
referred to in such comaunications and not necessarily requ1r1ng
council action may be disposed of between council meetings, provided
that councilmembers shall receive, in the next council packet after
receipt of any such communication addressed to the city council, a copy
of the communication with a notation on it advising councilmembers that
staff will respond; andt provided furtherP that, in a subsequent
council packet~ councilmembera ~hall ceceive a copy of any such staff
response and that all actions taken pursuant to such communications
shall be reported to the city council thereafter.
2.04.230 StaDdtng ccaaitteea special ~.tttees.. (a) Not
later than the second regular meeting of the council in January, the
mayor shall appoint two standing committees, consisting of four membet·s
each from the members of the council. The mayor shall appoint each
councilmember to onl1· one standing committee and shall appoint the
chairman of ea.ch committee. The mayor., or the vice mayor at the
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request of the mayor, may act as an ex officio, voting member of each
committee.
{b) The standing C(.)Jn.i'li t t.,ees shall !Je designated., respectively,
commit tee on f ina nee and public workR and commit tee on pol icy and
procedures, and shall meet at seven-thirty p.m~ in the city hall on the
day established by PAHC 2.04.240~
{c) All council members shall be encouraged to attend meetings of
committees of which they are not members, but only committee .f.'l.em'bers or
ex officio committee memb~rs shall vote in comt11ittee· in accordance with
section (9)o
(d) In add i t.ion to ~tand in.g corr..m.i ttees the mayot· may, subject to
appr·oval of the COIJncilr app<-Jint such other special committees of
councilmembers, private citizens or both as deemed desirable and
necessary to assist and advise the city council in its work~
2 .. 04.240 St.andh~ ~ittH prtl-Cedural rules~ {a} Regular
ro.e·et ings & Each stand irsg commit tee shall meet once per month on the it'
designated meeting night at seven-th i :cty p. rn. .~t the city hall" The
pol icy and procedllr~H> coJT>.m it tee shall meet on the first Tuesday of each
month and the finance and public works corn.rni ttee shall meet on the
second Tue!:Jday of each rnon th. When additional meetings are necessary,
the chairman of each committee may call a special meeting as provided
in this code.
{b) Special meet:l.ngs. SpEH~ial meetings of standing committees
may be called by the chairman with the consent of a majority of the
committeet s members, but a special meeting so calle-d shall be held at
city hall, or othet' locations if appropriate 1 and forty-eight hours'
notice must be given to every councilmembar.
(c) Quorum. A majority of the committee memberships shall con
stitute a quorum.
(d) Referrals. Refel'rals to the standing commit tees shall be
made uy the cou.ncil. Ite•s :!Qay be withdrawn from the committee and
taken up for consideration by the council at any council meeting with
the consent of a majority of the council.
(e) Function of committees. The purpose and intent of committee
meetings i,s to provide for more thorough and detailed discussion ana
study of procpective or current council agenda items with a full and
complete airing of all sentiments and expressions of o:e,dnion on city
problems by both the council and the public, to the end that council
action will be expedited. Actions of the committee shall be advisory
and recommendatory only~
(f) Minutes. The office of the city clerk shall be responsible
for the preparation and distribution to the council o! the minutes of
standing commit tee meetings, The minutes need not be verbatim but
shall reflect the sense of the discussion and any rE:<commendation made
with respect to each subject considered in commit.tee.. The minutes
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shall be delivered to all councilmembers before the council meeting at
which the committQe'e recommendations are to be discussed.
(9) Report of committee. The. minutes of each committee meeting
shall ser.ve as the report to t.he counc i 1. Any member may write a
separate report.
(h) Agenda. The c'1airpei:"son of each standing conunittee shall
pr:epare the agenda for committee meetings, the sequence of study being,
within reasonable limits of practicality, the same as the sequence of
referral.
(i) Conduct of standing committee meetings. The chairman of each
committee may conduct meetings with as much informality as is consis
tent with council parliamentary rules, which shall also be in effect in
c.:ommitter:;; mE}etings. 'l'he view:-:> of interested pt·ivo.t(~ citizen13 ru.ay be
heard in committN-: meetings; but in no cr.1se shall a committee meeting
be used as a substitute for public hearings required by law. In the
event that a comrni ttee has under study a proposal that will later be
subject of a required public hear. ing r the committee shall make no
recommendation unt i 1 after th~; public hearing o
2.04 .. 250 (!olulitte~ on finance and. public \'fOrks. rt shall be
the duty of the committee on finance and public works to consider and
make recommendations on matters referred to it by the council relating
to public works, lltilities, fin~nce, budget, appropriations, audits,
capital improvement fund, assessroent districts, and general obligation
bond issues.
2 .. 04,.260 Ca..ittee on policy and p.roceda~.:es. lt shal.i be the
duty of the committee on pol icy and procedures to consider and make
recommendations on matters referred to it by the council relatint:; to
parliamentary and administrative proceduresf planning and zoning,
traffic and parking, intergovernmental relath.1ns, parks, 1 ibren:ies,
recreational facilities, and all hum~n services.
2.904.280 CoDDCil repreaeatati•ea oa ya.rioua public bodies.
when any member or meinbers of the council are appointed by the mayor to
represent the city o~ county, area, district or state boards, commit
tees or commissions, such appointed aember or members shall be the duly
authorized representatives and spokespersons for the city council on o~
before such bodies and no other councilmember shall speak as the coun··
cil 1 s representative and in behalf of the city council before such
bodies unde·r penalty of public censure by a majority vote of the entire
council. Nothing herein shall prevent a councilmember fro~ appearing
before such body as a private citizen~
2.04.300 lletbod of •etioa. Legislative action shall be taken
by the council only by means of an ordinance or resolution.
2.04.310 Preparatiori of ordiuacea. ~11 ordinances, except
ordinances initiated by the electors of the city under the provisions
of Article VI, Section 2 of the Charter, shall be prepared in writing
by the city attorney. No ordinance shall be prepared for presentation
<. .. • to the council unless ordered by a majority vote of the council or
requested in writing by the city Nanager, or prepared on the initiativ~
of and by the city attorney.
2 .. 04.320 Prior approwal of ot:dinueea by aldainiatrati••
staff. All ordinances, except ordinances initiated by the electot·s
of the city under the p~ovisions of Article VI,.. Section 2 of the
Charter, resolutions and contract docwa.:~nts, before presentation to the
council, shall have been approved as. to fot11 by the city attorney or
the ci t.y attorney; s authorized r-epresentative, and, where substantive
matters of administration are involved shall ha:ve been exa.lllined for
admission by the city manager or the city manager's authorized
representative.
2.,04.330 lntf."ocb:aeing ordift&llce& ADd. x:eaolutiona for puaage aad
approval.. (a) Councilrnember to Sf'-onsor. Ordinances~ resolution~.,
and other matters or subjects requiring action by the council must be
introduced and sponsored by a me.mber of the council, er.cept: that the
city tuanager or city attor-ney may present ordinances, resolutions or
other. matters or subjects to the council for consideration~
( b} Second reading of ordinance. Wi_th t.he sole except ion of
ordinances which take effect upon adoptic.m referred to in this chapter-,.
no ordinance ,shall be passed by the council on the day of its intr:oduc
tion nor within ten days thereafter, nor at any other time than at a
regular or special meeting.
{a) Atnendm-ants.. A proposed ord iru;mce mi!ty be amended between the
time of its introduction and the time of its final passage, prr.Jviding
its general scope and original intention are retained. The correction
of typographical or clerical errors shall not constitute an amendment
within the meanin9 of this section.
(d) Reading of ordinance title. Ordinances and r~solutions may
be introduced and passed by reading the title only, and shall be read
in full only when re,~uested by a majority of the council!llemb~rs.
(e) Emergency ordinances preserving public peace, health safety.
Any ordinance declared by the council to be necessary as an eMergency
measure for preserving the public peace, heal~h or safety, and contain~
ing a statement of the reasons f.or it:J urgency, eay be irtt,;oduced and
adopted at one and the sa.e meeting if passed by a vote of four-fifths
of the councilmembers present.
2 • 06 • 340 ~~ tle ·Of OrdiMD&.."e ..
ed by a brief title which shall
thereof.
Each ordinance shall be preeed
indicate the subject and purpose
2.04.350 ordaiDiDg olauae. The ordaini119 clause of all ordi
nances adopted by tbe co1.1ncil shall be substantially as follot~a: 11Tbe
Council of the City of Palo Alto does ordain as follows,• and the
ord.aining clause of all ordinances adopted by the people shall be, •The
People of the City of Palo Alt~ do ordain as f~llovs.•
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2.04 .. :360 Vote by voice vote~, or roll call or electroaic .-otiDCJ
device. Any vote of the col\nc i 1 may be made by voice vote, roll
call, r,:,r: e !ectronic voting device. The presiding officer shall state
the manner. in which the vote is to be taken. Wh~nevet" a recorded or
roll call vote of the council is i.n ordm:·, the na:roes of the council
members shall be listed in alphabetical order.
2. 04. 370 Vote required on ordirumcea ~ aDd reaolatioas, aac1
election of aayor and vice aayor. No ordinance or resolution shall
be introduced or passed, no appointment made, no offi.cer removed, and
no contract shall be awarded without the affirmative vote of a majo~i~y
of the members of t::he council. The electi.oD of mayor: and vice may)r
shall be b}' a vote of a maj<..>ci ty of the members of the counci 1. AU
other ac:t ion c•f the city cou~w i l r unh~ss s uhj (·)C t to other stat ub)ry •')t'
cons t, i tut ional requi.'.cements, shall be deemed pas~>ed upon rcce i vi ng a
majority vote of all councilmembers present and voting.
2 .. 04 .. 375 Effective date of or.dinecea.. No ordinance adopted
by the council shall become effective until the commencement of the
thirty-first day after the date of its adoption, except the following
which shall be effective upon adoption:
(1) An ordinance calling or otherwise t"elating to an election~
(2) An improvement proceeding ordinance adopted under some law or
procedural ordinance;
( 3) An ordinance declaring the amount of money necess~ry to be
raised by taxation~ or fixing the rate of taxation, or levy
ing the annual tax upon. property, or adopting a budget;
(4) An emerg~ncy ordinance adopted in the manner provided for in
this chapter;
(5) An ordinance annexing areas to the city1 or
(6) An ordinance providing for tax levy or appropriation for the
usual current expenses of the city.
An ord in~nce adopted after midnight but during a meeting which
commenced that same e~J"ening shall be deemed to have been adopted upon
the earlier of the two calendar days. Adoption of an ordinance at an
adjourned meeting shall be deemed to be adopted upon the calendar date
at which the adoption actually occurred. In computing time under this
section, the date of adoption shall not be counted.
2.04.380 Siga&t:ure by aayor presiding offi.C4!r, attest&tioa aad
filing of ordiaaacea and resolutiona. All ordinances and resolutions
adopted by the city council shall be signed by the officer pr~siding at
the council meeting at which they were adopted, attested by the city
clerk and filed in the office of the city clerk.
2.04.390 bpeiUe allowa.oce for COGACiJaeabers.. The city
council, by resolution, may adopt. a travel and expense policy providing
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•• • a schedule for expense allowances for its members and an aaount shall
be included in the city council budget to reimburse members of the city
council for expenses incurred in their service as members of the city
council. Notwithstanding the above, the Mayor shall receive one
hundred and fifty dolla·r:s per month for expenses and the Vice Mayor
shall receive one hundred dollars per month for e)l;penses incurred i''
filling these offices.
2.04.395 Salary of cooncil.aesbera. The salary of a council
member shall be four hundred dollars per month.
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