HomeMy WebLinkAboutRESO 8046RESOLUTION NO. 8046
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO ADOPTING PROCEDURAL RULES GOVERNING
THE CONDUCT OF COUNCIL MEETINGS
WHEREAS, Palo Alto Municipal Code section 2.04.100
requires the Council to establish a handbook of procedural rules
governing any aspect of the conduct of meetings and hearings for
the Council and its. standing committees, including but not
~imited to agenda requirements, the order of business, rules of
order, rul~s of evidence, closed session procedures and rules
for public participation in meetings, and
WHEREAS, the Council wishes to facilitate public
participation in Council proceedings and in order to assure
procedural fairness during meetings and hearings, and
WHEREAS, the Council desires to further expand and
implement the public's rights to participate in open government
as set forth in the Ralph M. Brown Act, Government Code section
54950, et seq.
NOW, THEREFORE, the Council of the City of Palo Alto
does hereby RESOLVE as follows:
SECTION 1. The handbook of procedural rules,
entitled "City Council Procedures: A Handbook for Council
Meetings" and attached as Exhibit "A" to this Resolution, is
hereby adopted.
SECTION 2.
1994, is repealed.
Resolution No. 7299, dated March 21,
SECTION 3. The City Clerk is hereby directed .to
make copies of the Council Procedural Rules available to the
public and to post the rules at an accessible location in the
Council Chambers, on the City's website and to make copies
available to all City libraries other than the Children's
Library. The form of the publication may be modified if
necessary or desirable.
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SECTION 4. The Council finds that there is no
possibility that the provisions of the handbook of procedural
rules will cause a significant effect on the environment, and
upon that basis finds the project exempt from the provisions of
the California Environmental Quality Act.
INTRODUCED AND PASSED: April 9, 2001
AYES: BEECHAM, BURCH, EAKINS, FAZZINO, KLEINBERG, LYTLE,
MOSSAR, OJAKIAN, WHEELER
NOES:
ABSENT:
ABSTENTIONS:
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City Council
Procedures
A Handbook
For
Council Meetings
Adopted by Council Resolution No.
April 9, 2001
City Council ,...~ocedures Handbook
TABLE OF CONTENTS
I. Public Participation in Council Meetings 1-1
A. Policy 1-1
(1) Purpose 1-1
(2) Summary of Rules 1-1
B. General Requirements 1-1
1. Accessibility 1-1
2. Presiding Officer's Permission Required 1-2
3. Recording and Identification 1-2
4. Specific Requirements and Time Limits 1-2
a) Oral Communications 1-2
b) Other Agenda Items 1-3
(1) Spokesperson for a Group 1-3
(2) Quasi-Judicial Hearings 1-3
(3) Addressing the Council after a Motion 1-3
c) Decorum 1-4
II. Council Meeting and Agenda Guidelines 11-1
A. Policy 11-1
1 .. Purpose 11-1
2. Summary of Guidelines 11-1
B. General Requirements 11-2
1. Regular Meetings 11-2
a) Attendance Required 11-2
b) Items considered after 10:30 p.m. 11-2
c) Agenda Order 11-2
d) Unfinished and Continued Business 11-5
e) Adding New Items to the Agenda 11-5
2. Special Meetings 11-6
3. Study Sessions 11-6
a) Time 11-6
b) Oral Communications and Public Comments 11-6
c) No Formal Rules 11-6
d) No Final Action 11-6
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4. Closed Sessions 11-6
a) Announcements before Closed Sessions 11-6
b) Public Comments 11-7
c) Attendance. 11-7
d) Public Reports 11-7
e) No Minutes 11-7
f) Confidentiality 11-8
Ill. Motions, Debate & Voting 111-1
A. Policy 111-1
1. Purpose 111-1
2. Summary of Rules 111-1
B. Motions 111-1
1. Types of Motions 111-1
2. Procedure 111-1
a) Get the Floor 111-1
b) State the Motion 111-1
c) Second Required 111-1
d) Motion Restated 111-1
e) Lack ofa Second 111-2
f) Discussion 111-2
g) Secondary Motions 111-2
h) Action 111-2
3. Precedence of Motions 111-2
4. Secondary Motions Defined 111-2
a) Fix the time to which to adjourn 111-2
b) Adjourn 111-3
c) Take a recess 111-3
d) Raise a question of personal privilege 111-3
e) Lay on the table 111-3
f) Previous question 111-3
g) Limit or extend debate 111-3
h) Continue to a certain time 111-4
i) Refer to a city agency,.body, committee, board,
commission or officer 111-4
j) Amend or Substitute 111-4
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C. Debate and Voting. 111-6
1. Presiding officer to State Motion 111-6
2. Presiding Officer May Debate and Vote 111-6
3. Division of Question 111-6
4. Withdrawal of Motion 111-6
5. Change of Vote 111-6
6. Voting 111-6
7. Silence Constitutes affirmative vote 111-6
8. Failure to Vote 111-6
9. Abstaining from Vote 111-6
10. Not participating 111-7
11. Tie Votes 111-7
12. Motion to Reconsider 111-7
13. Appeal from the decision of the presiding officer 111-7
14. Getting the floor; improper references to be avoided. 111-7
15. Interruptions 111-8
IV. Quasi-Judicial Hearings IV-1
A. Policy IV-1
1. Purpose IV-1
B. General Requirements IV-1
1. Quasi-Judicial Proceedings Defined IV-1
2. Restrictions on Council Communications Outside of Quasi-
Judicial Hearings IV-1
a) Identification of Quasi-Judicial Matters IV-1
b) Council to Track Contacts IV-2
c) Disclosure IV-2
d) No Contacts after Hearings IV-2
3. Written Findings Required IV-2
4. Rules of Evidence IV-2
5. Burden of Proof IV-3.
6. Council Members who are Absent During Part
of a Hearing IV-3
7. Appeals IV-3
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V. Standing Committees
A. Policy
1. Purpose
B. General Requirements
1. Quorum
2. Referrals
3. Function of Committees
4. Minutes
5. Report of Committee
6. Agenda
7. Public Participation
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V-1
V-1
8. Conduct of Standing Committee Meetings
V-1
V-1
V-1
V-1
V-1
V-2
V-2
V-2
V-2
V-2 9. Oral Communications
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City Council l""'rocedures Handbook
Introduction & Contents
This handbook describes the way the Palo Alto City Council does its business. It is
intended to accomplish two goals. First, the handbook is an information guide for
anyone doing business or appearing before the City Council. Second, the handbook is a
compilation of procedural rules that have been formally adopted by Council Resolution.
The handbook is organized in five sections.
Public Participation in Council Meetings
This section explains the basic rules for speaking to the City Council. It covers
things like when to speak, time limits, and how groups of speakers are handled.
Council Meeting & Agenda Guidelines
, This section explains the different kinds of meetings the City Council holds, what
they are for, and how the meeting agenda is prepared.
Motions, Debate & Voting
This section explains the simplified rules of parliamentary procedure the Council
follows (like Roberts' Rules of Order, but simpler!).
Quasi-Judicial Hearings
This section explains the special way the City Council handles hearings that raise
constitutional due process concerns. These are usually hearings that seriously
impact someone's life, liberty or property.
Standing Committees
This section explains how the City Council's two standing committees-Finance
and Policy & Services -operate during their own separate meetings.
If you have any questions about this handbook, please feel free to contact the City Clerk
by phone at (650) 329-2571 and e-mail at city clerk@city.palo-alto.ca.us or the City
Attorney by phone at (650) 329-2171 and e-mail at city attorney@city.palo-alto.ca.us.
City Council rrocedures Handbook
1. Public Participation in Council Meetings
A. Policy. It is the policy of the City Council to assure that members of the public
have the opportunity to speak to any regular or special meeting agenda item before ·
final action. These rules establish the rights and obligations of persons who wish to
speak during City Council meetings.
(1) Purpose. These rules are intended to enhance public participation. and
Council debate so that the best possible decisions can be made for Palo Alto. Palo
Alto has a long and proud tradition of open government and civil, intelligent public
discourse. Open government meetings must allow everyone to be heard without fear
of cheers or jeers. For these reasons, the City Council takes these rules seriously.
Disruptive or unruly behayior in violation of the law can result in removal from the
Council meeting and/or arrest and prosecution.
(2) Summary of Rules .. Every regular City Council agenda has two different
kinds of opportunities for the public to speak. The first is during Oral
Communications. This part of the meeting is provided so that the public can speak
to anything that is in the City's jurisdiction, even if there is no action listed on the
agenda. The Council allows three minutes per speaker, but limits the total time to 30
minutes per meeting. State law does not permit the Council to respond to oral
communications, but City staff may be asked to follow up on any concerns that are
raised.
The second opportunity to speak is during the public comment or public hearing
portion of Each Agenda Item. Public comments or testimony must be related to the
matter under consideration. The Council allows five minutes per speaker for most
matters. During "quasi-judicial" hearings (where the City Council is legally
required to take evidence and make impartial decisions based upon that evidence),
the applicant or appellant may have up to ten minutes at the outset and three minutes
for rebuttal at the end. These hearings are specially marked on the Council agenda.
A person who wants to speak to the Council must fill out a speaker card and
hand it in to the City Clerk. The Clerk will give the cards to the Mayor or Vice
Mayor so that the speakers can be identified and organized in an orderly way.
B. General Requirements.
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1. Accessibility. Palo Alto makes every reasonable effort to accommodate
the needs of the disabled. Any provision of these rules may be modified if
needed to provide reasonable accommodation. Persons needing assistance
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should contact: Fred Herman, ADA Director, City of Palo Alto, 650/329-
2496 (voice) or 650/328-1199 (TDD).
2. Presiding Officer's Permission Required. The presiding officer at
Council meetings (usually the Mayor or Vice-Mayor) is legally required to
"preserve strict order and decorum. ,i This is important in order to assure a
fair opportunity for everyone to participate in an open and civil setting.
a) Any person desiring to address the Council must first get the
permission of the presiding officer by completing a speaker card and
handing the card to the City Clerk.
b) The presiding officer shall recognize any person who has given a
completed card to the City Clerk.
c) No person, other than a Council Member and the person having
the floor, shall be permitted to enter into any discussion without the
permission of the presiding officer.
3. Recording and Identification. Persons wishing to address the Council
shall comply with the following:
a) Use the microphone provided for the public and speak in a
recordable tone, either personally or with assistance, if necessary.
b) State their name and address if presenting evidence in a hearing
required by law.
c) Other speakers should state their name and address, but cannot be
compelled to register their name or other information as a condition
to attendance at the meeting.
4. Specific Requirements and Time Limits.
a) Oral Communications. Oral communications shall be limited to
three minutes per speaker and will be limited to a total of thirty
minutes for all speakers combined.
(1) Oral communications may be used only to address items
that are within the Council's subject matter jurisdiction, but
not listed on the agenda.
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(2) Oral communications may not be used to address matters
where the receipt of new information would threaten the. due
process rights of any person.
(3) All remarks shall be addressed to the Council as a body
and not to any individual member.
(4) Council members shall not enter into debate or discussion
with speakers during oral communications.
(5) The presiding officer may direct that the City Manager
will respond to the person speaking and/or the Council at a
later date.
b) Other Agenda Items. Public comments or testimony on agenda
items other than Oral Communications shall be limited to a
maximum of five minutes per speaker unless additional time is
granted by the presiding officer. The presiding officer may reduce
the allowed time to less than five minutes if necessary to
accommodate a larger number of speakers.
(1) Spokesperson for a Group. When any group of people
wishes to address the Council on the same subject matter, the
presiding officer will request that a spokesperson be chosen
by the group to address the Council. Spokespersons who are
representing a group of five or more people who are present
in the Council chambers will be allowed ten minutes and will
to the extent practical be called upon ahead of individual
speakers.
(2) Quasi-Judicial Hearings. In the case of a quasi-judicial
hearing, applicants and appellants shall be given ten minutes
for their opening presentation and three minutes for rebuttal
before the hearing is closed. In the event a request is made
and the need for additional time is clearly established, the
presiding officer shall independently, or may upon advice of
the city attorney, grant sufficient additional time to allow an
adequate presentation by the applicant or appellant in a
hearing required by law.
(3) Addressing the Council after a Motion. Following the
time for public input and once the matter is returned to the
Council no person shall address the Council without first
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securing the permission of the Council so to do, subject to
approval of the City Attorney with respect to any hearing
required by law.
c) Decorum. The Palo Alto Municipal Code makes it unlawful
for any person to:
(1) Disrupt the conduct of a meeting;
(2) Make threats against any person or against public order
and security while in the Council chamber.
(3) Use the Council Chambers during meetings for any
purpose other than participation in or observation of City
Council Meetings.
Any Council Member may appeal the presiding officer's decision on a
decorum violation to the full Council. Decorum violations are punishable as a
misdemeanor and may lead to a person being removed from the Council meeting. ii .......
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11. Council Meeting & Agenda Guidelines
A. Policy. It is the policy of the Council to establish and follow a regular format for
meeting agendas~
1. Purpose. The purpose of these guidelines is to facilitate the orderly and
efficient conduct of Council business. This purpose recognizes the value of
establishing a community understanding of meeting procedures so that broad
public participation is encouraged. This purpose also recognizes that
Council Members must have a common approach to the discussion and
debate of City business so that meetings are both streamlined and thorough.
2. Summary of Guidelines. The City Council generally conducts four
different kinds of meetings. These are Regular Meetings, Special Meetings,
Study Sessions, and Closed Sessions.
Regular meetings are conducted at City Hall on the first three Monday nights of
each month, except during the Council's annual vacation. The meetings will begin
at 7:00 p.m. Regular meeting agendas must be posted outside at the Downtown
Library no later than 7:00p.m. on the preceding Friday, but it is City policy to make
every effort to complete and distribute the agenda and related reports by the
preceding Thursday.
Special meetings are "special" because the mayor or Council can call them on a
minimum of24 hours notice. Special meetings need not be held at City Hall, as long
as the alternate location is within the City. The Council makes every effort to
provide notice well in advance of 24 hours, especially when the special meeting is
for the purpose of conducting a Study Session.
Study Sessions are meetings during which the Council receives information
about City business in an informal setting. The informal study session setting is
intended to encourage in-depth presentations by City staff, and detailed questioning
and brainstorming by Council. The Council may discuss the material freely without
following formal rules of parliamentary procedure. Staff may be directed to bring
matters back for Council consideration at future meetings, but no action can be
taken. During regular study sessions, public comments are received together with
oral communications at the end of the session. During special study sessions, public
comments will be heard at the end of any Council discussion, but oral
communications will be consolidated with the oral communications section of the
regular meeting, if one follows the study session. The Decorum rules still apply to
the behavior of the Council and public.
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Closed Sessions can be part of regular or special meetings. Closed sessions are
the only kind of Council meeting that the public cannot attend. State law allows
closed sessions to discuss pending litigation, employment issues, real estate
negotiations and certain other matters. Members of the public are permitted to make
public comments on closed session matters. The Council must make a public report
after the session when ·certain kinds of actions are taken.
These are guidelines, not rules. The Council intends that City staff and Council
Members will follow these guidelines. However, these guidelines should not be
used in a way that leads to inefficiency, unfairness, or the promotion of form over
substance. State law establishes a variety of mandatory meeting rules the City must
follow in order to assure open and public government, regardless of unusual
situations and. consequences. ·
B. General Requirements.
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1. Regular meetings.
a) Attendance Required. Council Members, the City Clerk, City
Attorney, and City Manager, along with any other city officers and
department heads that have been requested to be present, shall take
their regular stations in the Council chamber at 7:00p.m. on the first,
second and third Mondays of each month, except during the
established Council vacation. iii The Council expects its members to
attend regularly and notify the City Clerk of any planned absences.
The Council may levy fines of up to $250.00 against Council
members who willfully or negligently fail to attend meetings. iv
b) Items considered after 10:30 p.m. The City Council makes every
effort to end its meetings before 11 :00 p.m. The Council also
generally does not take up new matters after 10:30 p.m. Before
10:00 p.m. the Council will decide and announce whether it will
begin consideration of any agenda items after 10:30 and, if so, which
specific items will be taken up.
c) Agenda Order. City Council agendas will be prepared by the
City Clerk and presented to the City Council in the order described
below. It is the Council's policy to hear the major items of business
first at each meeting, to the extent possible. The City Manager, with
prior approval of the Mayor, is authorized to designate upon the
agenda of the Council, and the City Clerk shall publish in the agenda
digest, items that shall be taken up first or at a specific time during
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the course of the meeting.v The City Council may take matters up
out of order upon approval by a majority vote of those present:
(1) Roll call;
(2) Special orders of the day;
(3) Oral communications, including oral communications
related to any study session that began immediately before
the regular meeting;
(4) Consent calendar. Items may be placed upon the consent
calendar by any council-appointed officer whenever, in such
· officer's judgment, such items are expected to be routinely
approved without discussion or debate. The consent calendar
shall be voted upon as one item. No discussion or debate
shall be permitted upon items upon the consent calendar;
however, any Council Member may request that their vote be
recorded as a no or not participating due to a specified
conflict of interest on any individual item.
(a) Removal of items. Any Council Member may
request that an item be removed from the consent
calendar. The Mayor will decide when during the
meeting the items will be heard. Items that are
removed may be considered immediately after the
remainder of the consent calendar has been voted
upon, unless there ·are numerous speakers, in which
case the item can be considered at the end of the
agenda item in which it would have otherwise
appeared or otherwise rescheduled.
(b) Consent calendar· categories. The consent
calendar shall be presented in four categories in the.
following order: ·
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(i) Ordinances and resolutions. The Mayor
shall read the titles of each ordinance and
resolution before Council action. The
Council may by majority vote request that the
ordinance be read in full.vi.
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(ii) Administrative matters including
contracts, appointments, approval of
applications, and any other matter. The titles
of administrative matters need not be read.
(iii) Items recommended for referral to
any city agency, body, committee, board,
commission or officer.
(iv) Approval of Council Minutes.
(v) Items recommended for consent by a
Council Committee.
(5) Agenda changes, additions, and deletions;
(6) Unfinished business;
(7) Public hearings;
(8) Reports of committees/commissions;
(9) Ordinances and Resolutions;
(I 0) Reports of officials;
(11) Council matters;
(12) Council member Questions, Comments and
Announcements. The purpose of this agenda item is to allow
Council to question staff briefly on matters upon which
Council has taken action or given direction, make general
comments as a reference to staff on factual matters of
community concern, or make brief announcements in a
manner consistent with Government Code section 54952.2.
New assignments will not be given nor will major policy
issues be discussed or considered. To the extent possible,
Council will confer with staff before raising matters under
this agenda item. This agenda item will generally be limited
to 15 minutes in length and the public may not speak to
matters discussed.
(13) Closed Sessions.
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(14) Special closed sessions will be scheduled before or
after regular or special Council meetings to the extent
possible and appropriate. Closed sessions may be scheduled
during a regular or special Council meeting, but this is
discouraged by Council.
(15) Adjournment.
d) Unfinished and Continued Business. When the Council is unable
to complete its agenda the remaining business will generally be
rescheduled as follows. Nothing in this section shall be deemed to
supersede or conflict with state law.
(1) Meeting adjourned sine die. When a regular meeting is
adjourned 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.
(2) Meeting adjourned to date certain. When a regular
meeting is adjourned to another regular meeting night, all
unfinished items will be listed in their original order after roll
call on the agenda of such designated regular meeting.
(3) Continued items. When an item on the agenda is
continued to a subsequent meeting, such item will be listed
under unfinished business 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 Clerk, with the
City Manager's concurrence, deems it necessary to place such
item at a different location on such agenda.
e) Adding New Items to the Agenda. No matters other than those
on the agenda shall be fmally acted upon by the Council. However,
emergency actions (as defmed in Government Code section 54956.5)
and matters upon which there is a lawful need to take immediate
action (as defmed in Government Code section 54954.2) may, with
the consent of two-thirds, or all members present if less than two-
thirds are present, be considered and acted upon by the Council.
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2. Special Meetings. Special meetings may be called by the Mayor or City
Council by providing a minimum of 24-hours posted notice in the manner
required by state law. To the greatest extent possible, special meetings
called for other than regular meeting days should be scheduled by a
majority of the Council present and voting at a regular meeting. vii Unlike
regular meetings, there are no circumstances that permit the City Council to
add new items to a special meeting agenda or notice~
3. Study Sessions. Study sessions are meetings during which the Council
receives information about City business in an informal setting.
a) Time. Special study sessions will be held as needed.
b) Oral Communications and Public Comments. Oral
communications and public comments will be listed together on the
agenda and heard at the end of the study session. If a meeting follows
the study session, public comments will be heard at the end of any
Council discussion, but oral communications will be consolidated
with the oral communications section of the following meeting.
c) No Formal Rules. Study sessions are intended to be conducive to
in-depth factual presentations by City staff and detailed questioning
and brainstorming by Council. The Council may discuss the material
freely without following formal rules of parliamentary procedure.
However, the general rules of decorum apply.
d) No Final Action. Staff may be directed to bring matters back for
Council consideration at future meetings, but no fmal action can be
taken.
4. Closed Sessions. Closed sessions are the only kind of Council meeting
that the public cannot observe. State law allows closed sessions to discuss
pending litigation, employment issues, real estate negotiations and certain
other matters. To the greatest extent possible, the City Attorney and City
Clerk shall use standardized .agenda descriptions that are consistent with
Government Code section 54954.5.
a) Announcements before Closed Sessions. The mayor shall
announce the item or items to be considered in closed session by
referenc~ to the appropriate agenda number or letter, or m an
alternate form that shall be provided by the City Attorney.
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b) Public Comments. Members of the public are permitted to make
public comments on closed session matters. The City Clerk shall be
present in the open session to record Council attendance and any
statements made during oral communications or by the Council.
c) Attendance. The City Manager and City Attorney, or their
designees, shall attend closed sessions unless it is necessary to
excuse them. Only such additional staff shall attend as are necessary
and then only if the legal privileges of confidentiality obtained in an
executive session are not waived.
d) Public Reports: State Law and a Palo Alto initiative require the
Council to make a public r~port after a closed session when certain
kinds of actions are taken.v111 Reports from closed sessions shall be
made by the Mayor, the Vice Mayor in the Mayor's absence, or such
other City representative as designated by the Council or its
committees. Such designated person is the only individual
authorized to make public statements concerning the closed session.
It is the policy of the City Council to inform the public of action
taken in closed session to the greatest extent possible. It is recognized, however,
that the need for confidentiality is inherent in closed sessions and that certain
matters if revealed may be a detriment to the results desired. The Council shall
publicly report: (a) any decision to appoint, employ, or dismiss a public
employee and the roll call vote thereon at its next public meeting, (b) actions
related to litigation and the roll call vote on such actions, unless the report
would, in the written opinion of the City Attorney for specifically stated reasons,
clearly jeopardize the city's ability to effectuate service of process on one or
more unserved parties or impair the city's ability to resolve the matter through
negotiation, mediation or other form of settlement. Notwithstanding the City
Attorney's written opinion, the Council may under any circumstance, by
majority vote, determine that it is in the City's best interests to disclose actions
taken in closed session related to litigation. The public report shall be given as
soon as possible, but no later than the next regular meeting, and shall include the
vote or abstention of every member present. The City Attorney's written
opinion shall be made public, along with any action taken and any vote thereon,
as soon as any litigation is concluded. The City Attorney shall record any action
and vote upon such forms as the City Attorney may deem desirable.
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e) No Minutes. No minutes of closed sessions shall be kept. The
City Attorney shall record the information necessary to comply with
state law and the Palo Alto initiative.
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f) Confidentiality. No person in attendance at a closed session may
disclose the substance or effect of any matter discussed during the
session.ix
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Ill. Motions, Debate & Voting
A. Policy. It is the policy of the Council to follow simplified rules of parliamentary
procedure for motions, debate and voting. These rules focus on the types of motions
the Council can debate and when those motions are properly used .
. 1. Purpose. The purpose of these rules to facilitate orderly and thorough
discussion and debate of Council business. These rules shall not be applied
or used to create strategic advantage or unjust results.
2. Summary of Rules. . Palo Alto does not follow Roberts Rules of Order.
See the Summary Table below.
B. Motions. A motion is a formal proposal by a Council Member asking that the
Council take a specified action. A motion must receive a second before the Council
can consider a matter. Matters returning to the Council with unanimous approval
from a standing committee will be introduced without a motion if directed by the
committee.
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1. Types of motions. There are two kinds of motions. These are the
"main" motion and any secondary motions. Only one main motion can be
considered at a tinle.
2. Procedure.
a) Get the Floor. A Council Member must receive the permission
of the Mayor (or other presiding officer) before making a motion.
b) State the Motion. A motion is made by a Council Member (the
"maker") stating his or her proposal. Longer proposals can be
written and may be in the form of a resolution.
c) Second Required. Any other Council Member (including the
presiding officer) who supports the proposal (or who simply wishes
it to be considered) may "second" the motion without first being
recognized. A motion to raise a question of personal privilege does
not require a second.
d) Motion Restated. The Mayor should restate the motion for the
record, particularly if it is long or complex.
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e) Lack of a Second. If there is no second stat(;!d immediately, the
Mayor should ask whether there is a second. If no Council Member
seconds the motion the matter will not be considered.
f) Discussion. The maker shall be the first Council Member
recognized to speak on the motion if it receives a second. Generally
Council Members will speak only once with respect to a motion. If
the Mayor or Council permits any Council Member to speak more
than once on a motion, all Council Members shall receive the same
privilege.
g) Secondary Motions. Secondary motions may be made by a
Council Member upon getting the floor.
h) Action. After discussion is complete the Council will vote on the
motion under consideration.
3. Precedence of Motions. When a motion is before the Council, no new
main motion shall be entertained. The Council recognizes the following
secondary motions which may be considered while a main motion is
pending. These motions shall have precedence in the order listed below.
This means that a secondary motion that is higher on the list will be
considered ahead of a pending secondary motion that is lower on the list:
a) Fix the time to which to adjourn;
b) Adjourn;
c) Take a recess;
d) Raise a question of privilege;
e) Lay on the table;
f) Previous question (close debate);
g) Limit or extend limits of debate;
h) Motion to continue to a certain time;
i) Refer to committee;
j) Amend or substitute;
4. Secondary Motions Defined. The purpose of the allowed secondary
motions is summarized in the following text and table.
a) Fix the time to which to adjourn. This motion sets a time for
continuation of the meeting. It requires a second, is amendable and
is debatable only as to the time to which the meeting is adjourned.
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b) Adjourn. This motion ends the meeting or adjourns it to another
time. It requires a second and is not debatable except to set the time
to which the meeting is adjourned, if applicable. A motion to
adjourn shall be in order at anytime, except as follows: (a) when
repeated without intervening business or discussion; (b) when made ·
as an interruption of a member while speaking; (c) when the previous
question has been ordered; and (d) while a vote is being taken.
c) Take a recess. This motion interrupts the meeting temporarily. It
is amendable, but is not debatable.
d) Raise a question of personal privilege. This motion allows a
Council Member to address the Council on a question of personal
privilege and shall be limited to cases in which the Council
Member's integrity, character or motives are questioned, or when the
welfare of the Council is concerned. The maker of the motion may
interrupt another speaker if the presiding officer recognizes the
"privilege." The motion does not require a second, is not amendable
and is not debatable.
e) Lay on the table. This motion is used to interrupt business for
more urgent business. A motion to lay on the table requires a
second, is not amendable and is not debatable. It shall preclude all
amendments or debate of the subject under consideration. If the
motion prevails, and the subject is tabled, the matter must be
reagendized in the future if further consideration is to be given to the
matter.
f) Previous question. This motion "calls the question" by closing
debate on the pending motion. A motion for previous question
requires a second, is not debatable and is not amendable. It applies
to all previous motions on the subject unless otherwise specified by
the maker of the motion. If motion for previous question fails,
debate is reopened; if motion for previous question passes, then vote
on the pending motion. A motion for previous question requires a
two-thirds vote of those Council Members present and voting.
g) Limit or extend debate. This motion limits or extends the time
for the Council or any Council Member to debate a motion. It
requires a second, is amendable and is not debatable. The motion
requires a two-thirds vote of those Council Members present and
voting.
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i
City Council t""rocedures Handbook
h) Continue to a certain time. This motion continues a matter to
another, specified time. It requires a second, is amendable and is
debatable as to -propriety of postponement and time set.
i) Refer to a city agency, body, committee, board, commission or
officer. This motion sends a subject to another city agency, body,
committee, board, commission or officer for further study and report
back to Council, at which time subject is fully debated. It requires a
second, is amendable, and is debatable only as to the propriety of
referring. The substance-of the subject being referred shall not be
discussed at the time the motion to refer is made.
j) Amend or substitute. This motion changes or reverses the main
motion. It requires a second, is amendable, and is debatable only
when the motion to which it applies is 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 question or one that is not
germane to the main motion shall not be in order. Amendments take
precedence over the main motion and the motion to postpone
indefinitely.
III-4
Motion Description
Fix the time to which 1 Sets a next date and time for continuation of the meeting
to adjourn
Req'd
X
Adjourn Sets time to adjourn. Not in order if (a) repeated without I X
intervening business (b) made as an interruption of a member
while speaking; (c) the previous question has been ordered; and
while a vote is beina taken
Previous question 1 Closes debate on pending motion
(close debate or "call
the
Limit or extend limits 1 Purpose is to limit or extend debate
of debate
Motion to continue to I Continues the matter to another, specified time
a certain time
Refer to committee
Amend or substitute
010404 sdl 0052694
Sends subject to another city agency, body, committee, board,
commission or officer for further study and report back to council,
at which time subiect is fullv debated
Modifies (or reverses course of) proposed action. Cannot raise
independent question. Can amend an amendment, but no
further.
III-5
X
X
X
X
City Council Procedures Handbook
Debatable Amendable I 2/3
Vote
Only as to time to I X
which the meeting is
Only to set the time to
which the meeting is
adjourned
X
Only as to propriety of
referring, not
substance of referral
X
X
X
I Only if underlying I X
motion is debatable
X
X
City Council r-rocedures.Handbook
C. Debate and Voting.
0 10404 sdl 0052694
1. Presiding officer to state motion. The presiding officer shall assure that
all motions are clearly stated before allowing debate to begin. The presiding
officer may restate the motion or may direct the City Clerk to restate the
motion before allowing debate to begin. The presiding officer shall restate
the motion or direct the City Clerk to restate the motion prior to voting.
2. Presiding officer may debate and vote. The presiding officer may move,
second and debate from the chair, subject only to such limitations of debate
as are by these rules imposed on all Council Members. The presiding officer
shall not be deprived of any of the rights and privileges of a Council
Member.
3. Division of question. If the question contains two or more divisible
propositions, each of which is capable of standing as a complete proposition
if the others are removed, the presiding officer may, and upon request of a
member shall, divide the same. The presiding officer's determination shall
be appealable by any Council Member.
4. Withdrawal of motion. A motion may not be withdrawn by the maker
without the consent of the Council Member seconding it.
5. Change of vote. Council Members may change their votes before the
next item on the agenda is called.
6. Voting. On the passage of every motion, the vote shall be taken by voice
or roll call or electronic voting device and entered in full upon the record.
7. Silence constitutes affirmative vote. Council Members who are silent
during a voice vote shall have their vote recorded as an affirmative vote,
except when individual Council Members have stated in advance that they
will not be voting.
8. Failure to vote. It is the responsibility of every Council Member to vote
unless disqualified for cause accepted by the Council or by opinion of the
City Attorney. No Council Member can be compelled to vote.
9. Abstaining from vote. The abstainer chooses not to vote and, in effect,
"consents" that a majority of the quorum of the Council Members present
may act for him or her.
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City Council r-rocedures Handbook
10. Not participating. A Council Member who disqualifies him or herself
pursuant to the Political Reform Act of 197 4 because of any financial
interest shall disclose the nature of the conflict and may not participate in the
discussion or the vote. A Council Member may otherwise disqualify him or
herself due to personal bias or the appearance of impropriety.
11. Tie votes. Tie votes may be reconsidered during the time permitted by
these rules on motion by any member of the Council voting aye or nay
during 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 herein shall be construed to prevent any Council Member from
agendizing a matter that resulted in a tie vote for a subsequent meeting.
12. Motion to reconsider. A motion to reconsider any action taken by the
Council may be made only during the meeting or adjourned meeting thereof
when the action was taken. A motion to reconsider requires a second, is
debatable and is not amendable. The motion must. be made by one of the
prevailing side, but may be seconded by any Council Member. A motion to
reconsider may be made at any time and shall have precedence over all other
motions, or while a Council Member has the floor, providing that no vested
rights are impaired. The purpose of reconsideration is to bring back the
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 shall be construed to prevent any Council
Member from making a motion to rescind such action at a subsequent
meeting of the Council.
13. Appeal from the decision of presiding officer. When the rules are silent,
the presiding officer shall decide all questions of order, subject to appeal by a
Council Member. When in doubt, the presiding officer may submit the
question to the Council, in which case a 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
device 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 said vote fails, the decision or ruling of the presiding officer is
reversed.
14. Getting the floor; improper references to be avoided. Every Council
Member desiring to speak shall address the chair and, upon recognition by
the presiding officer, every Council Member shall be confmed to the
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I City Council rrocedures Handbook
question under debate, avoiding all indecorous language and personal
attacks.
15. Interruptions. Except for being called to order, a Council Member once
recognized, shall not be interrupted when speaking, except as otherwise
provided for in these rules. A Council Member called to order while
speaking shall cease speaking until the question or order is determined, and,
if in order, said Council Member shall be permitted to proceed . .......
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City Council•focedures Handbook
IV. Quasi-Judicial Hearings
A. Policy. It is the policy of the Council to assure that the due process rights of all
persons are protected during City hearings. A "quasi-judicial" hearing is a hearing
that requires a higher level of procedural due process because of the potential impact
on life, liberty or property. Usually, quasi-judicial hearings involve a single parcel
of land and apply facts and evidence in the context of existing law. Findings must
be stated to explain the evidentiary basis for the Council's decision.
1. Purpose. These rules are intended to assure that City Council decision
making on quasi-judicial matters is based upon facts and evidence known to
all parties.
B. General Requirements.
010404 sdl 0052694
1. Quasi-Judicial Proceedings Defined. Quasi-judicial proceedings subject
to these procedural rules include hearings involving the following matters:
a) Conditional Use Permits
b) Variances
c) Home Improvement Exceptions
d) Design Enhancement Exceptions
e) Subdivisions, other than final map approvals
f) Architectural Review
. g) Assessment protest hearings
h) Other matters as determined bythe City Attorney
i) Appeals related to any of the above
j) Environmental Review relating to any of the above
2. Restrictions on Council Communications Outside of Quasi-Judicial
Hearings. It is the policy of the Council to discourage the gathering and
submission of information outside of any required hearing when such
information will impair the Council's impartiality on a quasi-judicial
decision. The following procedural guidelines are intended to implement
this policy, but shall not be construed to create any remedy or right of action.
a) Identification of Quasi-Judicial Matters. The City Attorney, in
conjunction with the City Clerk and City Manager, will identify
agenda items involving quasi-judicial decisions on both the tentative
and regular Council agendas. This identification is intended to
IV-1
010404 sdl 0052694
I
City Council r-rocedures Handbook
inform the Council, interested parties, and the public that this policy
will apply to the item.
b) Council to Track Contacts. Council Members will use their best
efforts to track contacts pertaining to such identified quasi-judicial
decision items. Contacts include conversations, meetings, site visits,
mailings, or presentations during which substantial factual
information about the item is gathered by or submitted to the Council
Member.
c) Disclosure. When the item is presented to the Council for
hearing, Council Members will disclose any contacts which have
significantly influenced their preliminary views or opinions about the
item. The disclosure may be oral or written, and should explain the
substance of the contact so that other Council Members, interested
parties, and the public will have an opportunity to become apprised
of the factors influencing the Council's decision and to attempt to
controvert or rebut any such factor during the hearing. Disclosure
alone will not be deemed sufficient basis for a request to continue the
item. A contact or the disclosure of a contact shall not be deemed
. grounds for disqualification of a Council Member from participation
in a quasi-judicial decision unless the Council Member determines
that the nature of the contact is such that it is not possible for the
Council Member to reach an impartial decision on the item.
d) No Contacts after Hearings. Following closure of the hearing,·
and prior to a final decision, Council Members will refrain from any
contacts pertaining to the item, other than clarifying questions
directed to City staff.
3. Written Findings Required. On any matter for which state law or City
ordinance requires the preparation of written fmdings, the staff report and
other materials submitted on the matter will contain findings proposed for
adoption by the Council. Any motion directly or impliedly rejecting the
proposed findings must include a statement of alternative or modified
findings or a direction that the matter under consideration be continued for a
reasonable period of time in order for staff to prepare a new set of proposed
findings consistent with the evidence which has been presented and the
decision which is anticipated.
4. Rules of Evidence. Council hearings need not be conducted according to
formal rules of evidence. Any relevant evidence may be considered if it is
the sort of evidence upon which responsible persons rely in the conduct of
IV-2
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City Council Procedures Handbook
serious affairs. The presiding officer may exclude irrelevant or redundant
testimony and may make such ·other rulings as may be necessary for the
orderly conduct of the proceedings while ensuring basic fairness and full
consideration of the issues involved. Evidentiary objections shall be deemed
waived unless made in a timely fashion before the Council. ·
5. Burden of Proof. The applicant and appellant shall bear the burden of
proof on all aspects of the action or relief they seek. The person with the
burden of proof must offer evidence to the Council to support his or her
position.
6. Council Members Who are Absent During Part of a Hearing. A Council
Member who is absent from any portion of a hearing conducted by the
Council may vote on the matter provided that he or she has watched or
listened to a video or radio broadcast, or video or audio recording, of the
entire portion of the hearing from which he or she was absent and if she or
he has examined all of the exhibits presented during the portion of the
hearing from which he or she was absent and states for the record before
voting that the Council Member deems himself or herself to be as familiar
with the record and with the evidence presented at the hearing as he or she
would have been had he or she personally attended the entire hearing.
7. Appeals. Appeals to the Council shall be conducted de novo, meaning
that new evidence and arguments may be presented and considered. All
matters in the record before any other City board, commission or official
shall be part of the record before the Council. .......
IV-3
!
City Council !Jrocedures Handbook
v. Standing Committees
A. Policy. It is the policy of the Council to use standing committees in open and
public meetings to study City business in greater depth than what is possible in the
time allotted for Council meetings.
1. Purpose. These rules are intended to enhance public participation and
committee meetmgs so that the best possible decisions can be made for Palo
Alto.
B. General Requirements. Council standing committees shall be subject to the .
following procedural rules.
010404 sdl 0052694
1. Quorum. A majority of the committee membership shall constitute a
quorum.
2. Referrals. Only the Council or City Manager shall make referrals to the
standing committees. Referrals will generally be directed to only one of the
standing committees. Items may 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, and subject to any applicable noticing
or agenda posting requirements. Council members who submit matters to
the Council which are referred to a standing committee may appear before
the standing committee to which the referral has been made in order to speak
as proponents of the matter. Standing committee meetings during which
such referrals may be considered shall be noticed as Council meetings for the
purpose of enabling the standing committee to discuss and consider the
matter with a quorum of the Council present.
3. Function of committees. The purpose and intent of committee meetings
is to provide for more thorough and detailed discussion and study of
prospective or current Council agenda items with a full and complete airing
of all sentiments and expressions of opinion on city problems by both the
Council and the public, to the end that Council action will be expedited.
Actions.ofthe committee shall be advisory recommendations only.
4. Minutes. The City Clerk shall be responsible for the preparation and
distribution to the Council of the minutes of standing committee meetings.
The minutes need not be verbatim but shall reflect the sense of the discussion
and any recommendation made with respect to each subject considered in
committee. The minutes shall be delivered to all Council Members before
V-1
;
City Coundi.Jrocedures Handbook
the Council meeting at which the committee's recommendations are to be
discussed.
5. Report of committee. The minutes of each committee meeting shall
serve as the report to the Council. Any member may write a separate report.
6. Agenda. The chairperson of each standing committee shall prepare the
agenda for committee meetings, the sequence of study being, within
reasonable limits of practicality, the same as the sequence of referral.
7. Public Participation. Public comment on agenda items will be limited
to a maximum of five minutes per speaker, or any alternate time limit
specified by the presiding officer.
8. Conduct of standing committee meetings. The chairperson of each
committee may conduct meetings with as much informality as is consistent
with Council procedural rules, which shall also be in effect during committee
meetings. The views of interested private citizens may be heard in
committee meetings, but in no case shall a committee meeting be. used as a
substitute for public hearings required by law.
9. Oral Communications. Opportunities for oral communications . shall
be provided in the same manner as Council meetings . .......
i Palo Alto Municipal Code, § 2.04.080(b).
ii Palo Alto Municipal Code, § 2.04.120(c); 2.04.150(b)
iii Palo Alto Municipal Code, § 2.04.010(b).
iv Palo Alto Municipal Code, § 2.04.050(a).
v Palo Alto Municipal Code, § 2.04.070(c)
vi Palo Alto Municipal Code, § 2.04.260(b)
vii Palo Alto Municipal Code, § 2.04.020.
viii Palo Alto Municipal Code, § 2.04.030.
ix Palo Alto Municipal Code, § 2.04.040.
V-2
010404 sdl 0052694
FROM CITY ATIORNEY
_April 9, 2001
THE HONORABLE CITY ~OUNCIL
Palo Alto, California
RE: ERRATA SHEET
ORDINANCE .. OF THE COUNCIL OF ·THE CITY OF PALO ALTO
AMENDING AND REORGANIZING CHAP.TER 2. 04 OF THE
PA·LO ALTO. MUNICIPAL CODE . [COUNCIL ORGANIZATION
AND PROCEDURE] TO ESTABLI.SH. NEW . CITY · COUNCIL
PROCEDURES
.RESOLUT.ION OF THE COUNCIL OF THE CITY OF PALO
ALTO ·ADOPTING PROCEDURAL RULES GOVERNING THE
CONDUCT OF COUNCIL MEETINGS .
Dear Members· of the Council:
This report· covers the lat~st errata sheet for ·the
Council .Procedures ordinance and resolution. ·We have found .two
glitches so far (with a little help from our friends Donna
Rogers and Emily Harrison) 1
First, the Procedures Handbook has an incorrect
reference to .moving minutes to the consent calendar. I deleted
this ·notion from the· July 2000 ordinance. but missed it in the
procedures handbook.· Second, proposed PAMC section ·2. 04 .180 has
a mistaken reference · t·o shifting Council mail handling
responsibilities bet~een the City Manager and City Clerk.
The changes are shown
APC:
Attachments
010409 ape 0052700
pages.
IA:').I:'\...II.I.:.L PIERRE CALONNE
y Attorney
ed,
6
010404 sdl 0052694
City Council Procedures Handbook
the course of the meeting. v The City Council may take matters up
out of order upon approval by a majority vote of those present:
(1) Roll call;
(2) Special orders of the day;
(3) Oral communications, including oral communications
related to any study session that began immediately before
the regular meeting;
( 4) Approval of Council Minutes
@(5) Consent calendar. Items may be placed upon the
consent calendar by any council-appointed officer whenever,
in such officer's judgment, such items are expected to be
routinely approved without discussion or debate. The
consent calendar shall be voted upon as one item. No
discussion or debate shall be permitted upon items upon the
consent calendar; however, any Council Member may
request that their vote be recorded as a no or not participating
due to a specified conflict of interest on any individual item.
(a) Removal of items. Any Council Member may
request that an item be removed from the consent
calendar. The Mayor will decide when during the
meeting the items will be heard. Items that are
removed may be considered immediately after the
remainder of the consent calendar has been voted
upon, unless there are numerous speakers, in which
case the item can be considered at the end of the
agenda item in which it would have otherwise
appeared or otherwise rescheduled.
(b) Consent calendar categories. The consent
calendar shail be presented in four categories in the
· following order:
ll-3
(i) Ordinances and resolutions. The Mayor
shall read the titles of each ordinance and
resolution before Council action. The
Council may by majority vote request that the
ordinance be read in full. vi
..
Ol0404sdl0052694
@(6)
. @(7)
ffi(8)
@(9)
®(10)
City Council Procedures Handbook
. (ii) Administrative matters including
contracts, appointments, approval of
applications, and any other matter. The titles
of administrative matters need not be read.
(iii) Items recommended for referral to
any city agency, body, committee, board,
commission or officer.
(iv) Approval of Council Minutes.
MCi v) Items recommended for consent by a
Council Cormriittee.
Agenda changes, additions, and deletion~;
Unfinished business;
Public hearings;
Reports of committees/commissions;
Ordinances and Resolutions;
_,_,ftffi~('-=1-=1.._) -----"Reports of officials;
_,_,ftB"-"-"C'-=1=2.._) __ Council matters;
@(13) Council member Questions, Comments and
Announcements. The purpose of this agenda item is to allow
Council to question staff briefly on matters upon which
Council has taken action or given .direction, make general
comments as a reference to staff on factual matters of
community concern, or make brief announcements in a
manner consistent with Government Code section 54952.2.
New assignments will not be given nor will major policy
issues be discussed or considered. To the extent possible,
Council will confer with staff before· raising matters under
this agenda item. This agenda item will generally be limited
to 15 minutes in length and the public may not speak to
matters discussed.
II-4
010404 sdl 0052694
City Council Procedures Handbook
.,_,ft31~("-"'1'-'-4.L-) --,--Closed Sessions.
00(15) Special closed sessions will be scheduled
before or after regular or special Council meetings to the
extent possible and appropriate. Closed sessions may be
scheduled during a regular or special Council meeting, but
this is discouraged by Council. ·
-'-'f-j£)=-u(=l6:<.J..) __ Adjournment.
d) Unfinished and Continued Business. When the Council is unable
to complete its agenda the remaining business will generally be
rescheduled as follows. Nothing in this section shall be deemed to
supersede or conflict with state law.
(1) Meeting adjourned sine die. When a regular meeting is
adjourned 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.
(2) Meeting adjourned to date certain. When a regular
meeting is adjourned to another regular meeting night, all
. unfinished items will be listed in their original order after roll
call on the agenda of such designated regular meeting.
(3) Continued items. When an item on the agenda is
continued to· a subsequent meeting, such item will be listed
under unfinished business 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 Clerk, with the
City Manager's concurrence, deems it necessary to place such
· item at a different location on such agenda.
e) Adding New Items to the Agenda. No matters other than those
on the agenda shall be finally acted upon by the Council. However,
emergency actions (as defined in Goverriment Code section 54956.5)
and matters upon which there is a lawful need to take immediate
action (as defined in Government Code section 54954.2) may, with
the consent of two-thirds, or all members present if less than two-.
thirds are present, be considered and acted upon by the Council.
II-5
----------~ ~~ ~---~ Th~s language implements state law forbidd~ng public agencies from requiring ·
_registration as a cond~t~on of attend~ng mee~ings. See G~v._ Code, § 54953.3. ,
compel registration as a condition to attendance at a
meeting.
(c) (c) Delivery of Minutes. As soon ~s possible
after each council meeting the city clerk shall cause a
copy o·f the minutes to be forwarded to each ·council member,
the city manager, other officers and department heads of
the-city, all newspapers of general circulation within the
city, and b.e made· available to the public at the front
couh'ter in the city' clerk,. s office, the tab.Le and .bulletin
board in the council chambers, and all city libraries,
except the Children's Libr~iy.
(d) (d) Approval of Council Minuteo .. At the meeting
following publication, council minutes shall be agendized·
by the city clerk. for the council's approval·. Corrections
to the minutes shall be made at the meeting. Council
members may submit their corrections in writing or orally
to· the city· clerk's office before the time of the meeting.
The city clerk shall distribut~ a written copy of all
co.rrections ;reced yed during regular business hours to all
council members at the meetin·g.
2. 04 .170~ · ._ Council not to interfere in administrative
service.
'Neither the. council nor any of its committees o.r
members shall direct, request or attempt to influence,
ei~her directly or indirectly, the appoint~ent of any
person to office or employm'ent by . the . city manager' or. in
any manner interfere' .with the cit'y manager or prevent the
city· manager from exercising individual judgment in the
appointment of. officers· and employees in the· administrative
service. Except for the purpose of inquiry, the council and
its members shall .deal with the administiative service
solely tl).rough the city manage·r, and neither the council
nor any member thereof shall give orders to any of. the
subordinates of the city manager, ~ither publicly or
privately.
2.04.180-2-9-G-
mail.
c;:ity manag-er authorized to proc~ss council
(a) Any written communication, except anonymous
correspondence, . books, and publications, addressed to the
council shall be reproduced and distributed to the council.
010409sdl0052692 10 .
Those items not reproduced shall be circulated to council
members.
(b) The city man9.ger is authorized to receive and
open all mail ad~ressed to the bouncil and give it
. immediate attention to the end that ~11 administrative
· business referred to in· such communications and not
necessarily requiring council action. may be disposed of
between council meetings; provided that, council members
shall receive, in the next council packet after receipt of
any such communication addressed to the council, a. copy of
the communication with a notation on i't advising counci:l
members . that staff will respond; and, provided further,
that, in a subsequent council packet, council members shall
receive a. copy of any such staff response and that all
· actions taken pursuant to such conununications shall be
reported to th~ council· thereafter.
(c) Council members ·shall retain personally or
provide copies to the city clerk of any written
communication regarding an i tern of business on a meeting ·
·agenda that is known to have been distributed to a· ma'jorit.y
6f. the council. If a public records request is made
regarding such written communica·tions, the city clerk shali
make copies of materials in his ·or her files available for
public inspection without delay, unless the record ~s
exempt from disclosure. Wri tt.en material received by the
city · cle·rk during a meeting may be made available 'for
inspection after the meeting.
2.04.190~ Standing committees -Special committees.
(a) Not later than the second regular council meeting
in January, the mayor shall appo·int two standing
committees, consisting of four members each from the
members of the council. The· mayor shall appoint each
council m~mber -to · only one standing committee and shall
appOint ·the chairperson of each committee. The mayor, or
the vice mayor at the request of the mayor, may ·act as an
ex officio, voting member of each committee when one or
more regular committee members are absent.
(b) · The standing committees shall be designated,
respectively, committee on finance and committee ·on policy ·
and services, and shall meet at 7:00 p.m. in the city hall
on the ~ay established by Section 2.04.200~.
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