AGENDA
NOTICE AND CALL OF A SPECIAL CITY COUNCIL MEETING
Council Rules and Procedures Workshop
CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Wednesday, November 8, 2023 at 9:00 a.m.
Mailing Address: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
Mayor Lopez
ROLL CALL
Mayor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Daniel A.
Martinez (District 4)
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).
While the City Council welcomes and encourages participation in City Council meetings, adopted rules allow no more than five minutes (Resolution No. 2007-106). Members of the public interested in addressing the City Council during this Special Meeting may address the items which have been described in the notice of this Special Meeting in accordance with Government Code Section 54954.3(a).
Click this link to join the webinar:
https://us02web.zoom.us/j/84715975898?pwd=dm1FUXpWQ1c2bGQ2OVZxRWRjc1B5UT09
Webinar ID: 847 1597 5898; Passcode: 655057; or Dial: (669) 900-6833
PUBLIC COMMENTS VIA ZOOM HAVE BEEN SUSPENDED. PUBLIC COMMENT DURING THE MEETING MUST BE MADE IN-PERSON. MEMBERS OF THE PUBLIC MAY STILL VIEW THE MEETING VIA ZOOM.
REMOTE PUBLIC COMMENT IS ALSO AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BEFORE 7:00 AM THE DAY OF THE MEETING. INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COMMENT PERIOD IN THE SUBJECT LINE OF THE EMAIL. THE CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTED TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR
WRITTEN COMMENT WILL BE DISTRIBUTED TO THE CITY COUNCIL AND KEPT ON FILE AS PART OF THE OFFICIAL RECORD OF THE COUNCIL MEETING.
AGENDA
Special City Council Meeting
Council Rules and Procedures Workshop
November 8, 2023
UNFINISHED BUSINESS
1. Council Rules and Procedures Workshop. (City Attorney)
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on November 13, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA
Council Agenda:
The City Council agenda is available for public review on the City’s website at www.ci.ceres.ca.us and posted at the time and places noted above.
Related Materials:
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2220 Magnolia Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538- 5731.
Notice regarding Americans with Disabilities Act:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s office at (209) 538- 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II).
AFFIDAVIT OF POSTING
I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Monday, November 6, 2023, at the following locations in Ceres:
• Community Center Display Case – 2701 Fourth Street
__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk
{CW130096.6}
MEETING DATE: November 8, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Nubia I. Goldstein, City Attorney
SUBJECT: City Council Rules and Procedures Workshop
RECOMMENDED COUNCIL ACTION:
Staff recommends that the Ceres Cit
y Council (the “Council”) continue their review of the
summary and recommendations for changes to the Rules and Procedures (the “Handbook”) and direct staff to prepare proposed changes for future Council action.
BACKGROUND:
The City of Ceres ( “
City”) maintains a Handbook which documents currently accepted practices, rules, and processes for administration of Council matters. The Handbook sets forth expectations for Councilmember conduct and Council meeting procedures. Ceres is a “general law” city, which means it is organized and subject to California statutes and has only those powers expressly granted under the law. The Handbook is comprised of rules based on the City’s Municipal Code and the State of California Government Code.
These bodies of law outline the local laws, statutes, and regulations which govern the City.
U
pon referral by Mayor Lopez at the January 9, 2023, Council meeting, the Council met on March 22, 2023, to commence a rules and procedures workshop to provide the Council and the public with an opportunity to discuss potential changes to the Handbook.
Proposed changes were discussed for the first three chapters of the Handbook . Due to time constraints, the Council agreed to complete the workshop at a later date.
DISCUSSION:
The goal of the rules and procedures workshop is for the Council to identify topics or general areas of concern with the City’s current procedures , and to evaluate the
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
ITEM 1
{CW130096.6}
Handbook for ways to improve it. The Handbook is intended to be a guide for the Council and this workshop is an opportunity for the Council to provide City staff with the necessary feedback to clear up any confusion or ambiguity in the City’s current practice.
Below is a list of amendments and additions to Chapters I through III at Council’s request during the first Handbook workshop session.
CHAPTER I
- GENERAL, POWERS AND DUTIES:
This section is comprised of sections (A) through (I) and details the composition of the Legislative body of the Council, which includes the Mayor and four (4) Councilmembers.
This section also details the term periods, election process, and duties of the Mayor, Vice Mayor, and general duties/authority of the Council.
1. Section F - Vice Mayor Selection was amended to change the selection date from the first meeting in December to the first meeting following the certification of the election.
2. S ection G - Vacancies was added pursuant to Government Code Section 36512, to explain that a Councilmember vacancy should be filled by special election or appointment.
3. Section I - Interference in Staff Function was changed to “Council-Staff Relations” and the language was revised to clearly communicate the Council’s obligation to work through the City Manager in regard to concerns with City staff.
4. Section J - Council Position on Ballot Measure(s) or Legislative Proposals was amended to clarify the appropriate manner in which an individual Councilmember may express his or her opinions separately and apart from the Council body as a whole.
5. Section K - Council Conflicts & Liability was added to detail City Officials’ ethical duties regarding conflicts of interest pursuant to Government Code Sections 1090, 87105, 82033, 87406.3, and 53235.
CHAPTER II
- CITY COUNCIL MEETINGS:
This section is comprised of subsections (A) through (K) and details the different types of meetings held (i.e., regular, special, study sessions, etc.) and other proceedings ancillary to the adjudication of Council meetings such as voting requirements, meeting continuance or cancellation, and how to place items on the agenda.
1. Section C - Study Sessions was changed to “Workshops” at the direction of the Council.
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2. Section H - Agenda was amended to require seventy-two hours' notice to request item placement on the agenda for regular meetings, and twenty-four hours’ notice for special meetings.
3. Section I, Subsection 8 - City Council Referrals/Determination of Items for Agenda was amended to clarify the process for Councilmember referrals , including a deadline for placement on the agenda.
4. Section L - Presentations and Proclamations was added to clarify the process for requesting these actions through the City Manager.
CHAPTER III - DECORUM:
This section describes the circumstances in which a person may be removed from a Council meeting. It a lso describes the general behavior expectations of meeting participants.
This chapter was modified to conform to the Ceres Municipal Code sections governing the Rules of Civility, by separating the requirements for City representatives and members of the public and including the City’s right of enforcement against disruptive behavior pursuant to the Ceres Municipal Code Section 2.17.120 through 2.17.160 and Government Code Section 54957.95.
TELECONFERENCING POLICIES:
On October 9, 2023, the City Council approved modifications to the City’s teleconference policies to limit Zoom participation to City of Ceres staff and consultants attending a City Council meeting remotely, but prohibiting public comment via Zoom unless a City Council member is participating in the meeting via Zoom. These changes will be incorporated into the final version of the Handbook.
REMAINING CHAPTERS IV & V:
This meeting will conclude the workshop by discussing Chapter IV - Procedural Rules For Conducting Meetings Of The City Council and Chapter V - Boards, Commissions & Committees; City Representatives & Standing Committee. Staff will compile all the requested changes from the Council and prepare an agenda item for a future Council meeting for formal approval of all changes to the Handbook.
CHAPTER IV-
PROCEDURAL RULES FOR CONDUCTING MEETINGS:
This section contains subsections A through V which is comprised of various subtopics related to conducting meetings.
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TOPIC STATUTORY
AUTHORITY
POSSIBLE REVISIONS
Adoption of procedural
rules
Explains the intent behind
the procedural rules.
Govt. Code §§ 36813 Council has discretion to
amend so long as it
doesn’t conflict with the
cited authorities.
Call to order
Explains who may call the
meeting to order.
None Combine with Chapter
I(D)- Elected Mayor
Powers & Duties
Roll Call
Explains how attendance
is called at each meeting.
None Council has discretion to
amend this section in line
with best practices.
Quorum
Explains what constitutes a
quorum at a meeting.
Govt. Code §36810 Combine with Chapter II
(F)- Voting Requirements
Lack or Quorum
Describes what happens if
a quorum is not present at
a meeting.
Govt. Code § 36811 Add to “Quorum” section
and combine with Chapter
II (F)- Voting Requirements
Format for processing
public hearings/appeals
Lists the format for
conducting appeal
hearings.
None Council has discretion to
amend this section in line
with best practices.
Mayor as presiding
officer
Establishes who presides
over each meeting.
None Combine with Chapter
I(D)- Elected Mayor
Recognition to speak,
councilmember
Explains how to maintain
order amongst
None Combine with Chapter III-
Decorum
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councilmembers during a
meeting.
Addressing the city
council
Explains how to maintain
order as it relates to public
comments during council
meetings.
None Combine with Chapter III-
Decorum
Continued agenda items
Explains the method for
requesting a continuance
of an agenda item.
None Combine with “Agenda”
sections.
Public hearing closed
Sets forth the rule for
closing agenda items.
None Council has discretion to
amend this section in line
with best practices.
Division of question
Explains the Presiding
Officer’s role in clarifying
questions.
None Council has discretion to
amend this section in line
with best practices.
Withdrawal motion
States that a
Councilmember who
seconds a motion must
consent to withdrawal of it.
None Council has discretion to
amend this section in line
with best practices.
Voting
Instructions on the voting
process.
Govt. Code §§ 1090,
87105, 36936
Combine with Chapter II
(F)- Voting Requirements
Failure to Vote
Establishes what
constitutes a disqualifying
vote.
None Add to “Voting” section and
combine with Chapter II
(F)- Voting Requirements
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Abstention/recusal:
Conflict of Interest
Explains Councilmember’s
responsibility to recuse
themselves if a conflict of
interest arises.
Govt. Code § 87100 et
seq.
Combine with Chapter II
(F)- Voting Requirements
Tie Votes
Explanation of the
outcome of a tie vote.
None Combine with Chapter II
(F)- Voting Requirements
Appeal from presiding
officer’s decision
Explains the process for
appealing the presiding
officer’s decision.
None Combine with “G. Mayor
as Presiding Officer”
Parliamentary motions
and procedures for
processing of council
business
Discusses the rules of
order used for conducting
city business.
None Council has discretion to
amend this section in line
with best practices.
Summary of
Rosenberg’s basic
format for agenda item
discussion and decision
Outline of Rosenberg’s
format.
None Council has discretion to
amend this section in line
with best practices.
Summary of
Rosenberg’s common
motions
Outlines the different kinds
of motions applicable
under Rosenberg’s rules of
order.
None Council has discretion to
amend this section in line
with best practices.
ITEM 1
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Process of multiple
motions
Explains how to process
multiple motions.
None Council has discretion to
amend this section in line
with best practices.
Additional recommendations:
• Rename this section “Order of Business” and include only the relevant sections which apply to the Council meeting order of business.
• Add all sections relevant to the agenda in this chapter.
CHAPTER V- BOARDS, COMMISSIONS & COMMITTEES
This section discusses the appointment process for all members of boards, commissions, and committees other than Council members.
TOPIC AUTHORITY POSSIBLE REVISIONS
Boards, Commissions
and Committees- City
Representatives-
Standing Committee
This section provides
definitions for boards,
representatives and
committees and details the
application and
appointment process.
Govt. Code § 40605
Council has discretion to
amend so long as it
doesn’t conflict with the
cited authorities.
Inability to
attend/notification of
alternate
This section advises that a
member who is unable to
attend a meeting shall
advise the alternate
representative if
reasonably foreseeable.
None Council has discretion to
amend this section in line
with best practices.
Removal of member of
Board or Commission or
Committee or City
Representative
None Council has discretion to
amend this section in line
with best practices.
ITEM 1
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Details the process for
removing a member from a
board, commission or
committee.
ATTACHMENTS:
1. Attachment A – City Council Rules and Procedures (2018) ITEM 1
{CW129983.2}
RULES AND
PROCEDURES
January 2018
City Council
ITEM 1
Ceres City Council Rules & Procedures
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PREFACE
As provided by California Government Code Section 36813, the City Council of the City of Ceres establishes the Ceres City Council Rules and Pr ocedures contained herein. This document shall be in effect upon adoption by the City Council and shall remain in effect until such time as it is amended or new rules are adopted in the manner provided herein.
i
ITEM 1
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CERES CITY COUNCIL
RULES AND PROCEDURES
TABLE OF CONTENTS
CHAPTER I - GENERAL, POWERS and DUTIES ................................................. 1
A. Legislative Body: ..................................................................................................................... 1 B. City Council Basic Power: ........................................................................................................ 1 C. City Council: ............................................................................................................................. 1 D. Elected Mayor: .......................................................................................................................... 1 E. Vice Mayor: .............................................................................................................................. 2 F. Vice Mayor Selection: .............................................................................................................. 3 G. Rules of Procedures: ................................................................................................................. 3 H. Interference in Staff Functions: ................................................................................................ 3 I. Council Position on Ballot Measure(s) or Legislative Proposals: ............................................ 4
CHAPTER II - CITY COUNCIL MEETINGS ......................................................... 7
A. Regular Meetings: .......................................................................................................................4
B. Special Meetings: ...................................................................................................................... 7 C. WorkshopsStudy Sessions: ....................................................................................................... 7 D. Adjournment of Me etings: ....................................................................................................... 7 E. Continuance of Hearings: ......................................................................................................... 8 F. Voting Requirements: ............................................................................................................... 8 G. Cancellation of Meeting:........................................................................................................... 9 H. Agenda: ..................................................................................................................................... 9 I. Agenda Format for Regular Meetings: ..................................................................................... 9 J. Selective Components of a Regular Meeting: ........................................................................ 10 K. Commencement of Successor Agency Meetings: ....................................................................11
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CHAPTER III - DECORUM ...................................................................................16
A. Enforcement of Decorum: ....................................................................................................... 12 B. Courtesy: ................................................................................................................................. 16 C. Noise in the Lobby: ................................................................................................................. 18 D. Crowd Control in Council Chambers: .................................................................................... 19 E. Smoking: ................................................................................................................................. 19
CHAPTER IV – PROCEDURAL RULES FOR CONDUCTING MEETINGS ....20
A. Adoption of Procedural Rules:................................................................................................ 20 B. Call to Order: .......................................................................................................................... 20 C. Roll Call: ................................................................................................................................. 20 D. Quorum: .................................................................................................................................. 20 E. Lack of Quorum: ..................................................................................................................... 20 F. Format for Processing Public Hearings/Appeals: ................................................................... 21 G. Mayor as Presiding Officer: .................................................................................................... 21 H. Recognition to Speak, Councilmember: ................................................................................. 22 I. Addressing the City Council: .................................................................................................. 23 J. Continued Agenda Item: ......................................................................................................... 24 K. Public Hearing Closed: ........................................................................................................... 24 L. Division of Question: .............................................................................................................. 24 M. Withdrawal of Motion: ........................................................................................................... 24 N. Voting: .................................................................................................................................... 24 O. Failure to Vote: ....................................................................................................................... 25 P. Abstention/Recuse: Conflict of Interest: ................................................................................. 25 Q. Tie Votes: ................................................................................................................................ 25 R.
Appeal from the Presiding Officer’s Decision: ...................................................................... 25 ITEM 1
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CHAPTER IV - PROCEDURAL RULES FOR CONDUCTING MTGS. (CONT.)
S. Parliamentary Motions and Procedures for the Processing of Council Business: .................. 25 T. Summary of Rosenberg’s Basic Format for Agenda Item Discussion & Decision: ............... 26 U. Processing of Multiple Motions: ............................................................................................. 28 V. Processing of Multiple Motions: ..............................................................................................22
CHAPTER V – BOADS, COMMISSIONS & COMMITTEES .............................29
A. Boards, Commissions and Committees – City Representatives – Standing Committee: ....... 29 B. Inability to Attend/Notification of Alternate: ......................................................................... 31 C. Removal of Member of Board or Commission or Committee or City Representative: ...........25
iv.
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Ceres City Council Handbook of Rules & Procedures {CW129983.2} -1-
CHAPTER I
GENERAL, POWERS and DUTIES
A. Legislative Body:
The governing legislative body of the City of Ceres is a City Council consisting of a Mayor and four Councilmembers. The mayor is electedis elected by the qualified voters of the City at large. Starting with the November 2017, the four Councilmembers will be elected by Districts. Pursuant to the requirements of SB 415, the City Council moved to even year elections starting in November 2018. When reference to all the members of the City Council, inclusive of the Mayor and Councilmembers, is intended, use of the term “City Council” is an appropriate substitute for the term “Mayor and Councilmembers.”
B. C
ity Council Basic Power:
All powers of the City are and shall be vested in the City Council, subject to the provisions of the Ceres Municipal Code and to the Constitution and statutes of the State of California.
C. City Council:
1. Elected Mayor:
The Mayor shall hold office for a term of four years. The Mayor shall be sworn into office following certification of the general municipal election and continue in office until a successor qualifies.
2. C ouncilmembers:
Councilmembers shall hold office for a term of four years. Two Councilmember offices shall be elected at each general municipal election. Each Councilmember elected shall be sworn into office following certification of the general municipal election and continue in office until a successor qualifies.
D. Elected Mayor:
1. In addition to the powers and duties authorized by State law, the Mayor shall be recognized as the official head of the City of Ceres local government, and shall be the City’s official representative for all ceremonial functions.
2. In the time of public danger or emergency, the Mayor may, with the consent of the City Council, cause order to be maintained and enforce laws.
3. T
he Mayor shall be the Presiding Officer at all t he meetings of the City Council, and perform that duty in accordance with the rules and procedures set forth in Chapter IV.
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Ceres City Council Rules & Procedures
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4. The Mayor of the City is expected to exercise a leadership role with the other members of the City Council. To the extent that time permits, th e Mayor generally works more closely with the Ceres City Manager than other Councilmembers, being mindful that all information is shared equally with other Councilmembers. In this regard, the Mayor, working in conjunction with the City Council and the City Manager, assumes a significant role in establishing the City’s policy direction and priorities.
5. The Mayor customarily attends the regular meetings of the Mayors of Stanislaus County.
In addition, the Mayor, as well as other Councilmembers, may elect to become an active participant in the various League of California Cities groups and meetings for elected officials.
6. It is the custom and practice that the Mayor gives an annual or bi-annual “State of the City” address sponsored by the City Chamber of Commerce.
7. Under Government Code 40602 the Mayor is required to sign all warrants drawn on the City Treasury; all written contracts and conveyances; and all instruments requiring the City seal; unless the Council by ordina nce authorizes sign ature by an officer other than the Mayor.
In the City of Ceres our ordinance provisions allow warrants and checks to be signed by at least two (2) of the following persons: Mayor; Vice Mayor; City Clerk; City Treasurer; or Director of Finance. (Muni Code 3.32.010)
Contracts for supplies, equipment, and services may be signed by the City Manager or his designee. (Muni Code 3.32.010)
Therefore, the Mayor still must sign the following documents:
a) Contracts conveying, encumbering or otherwise affecti ng City property (Deeds, Trust Deeds, etc…)
b) All instruments requiring the City Seal, which would include:
(1) Ordinances
(2) Resolutions
(3) Bond related documents
(4) Contracts for the Construction of public works
8. The Mayor shall make all appointments to boards, commissions and committees with the approval of the City Council. (Govt. Code 40605)
E. Vice Mayor:
In the absence of the Mayor, the Vice Mayor shall possess and perform the power and duties of the Mayor. In that capacity, the Vice Mayor shall sign ordinances and resolutions adopted in his or her presence.
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F. Vice Mayor Selection:
The Vice Mayor shall be appointed by the City Council at the first meeting following the certification of the election. The Vice Mayor shall serve for a two yeartwo-year term at the first meeting in December. If the Vice Mayor resigns during his or her term the Council may vote to replace the Vice Mayor so long as there is a quorum . If, in any year in which an election for Mayor or Council takes place, and th e first meeting in December occurs prior to the certification of the election results, then action under this section shall be delayed to the next meeting of the City Council, either regular or special.
G. Vacancies:
If a vacancy occurs prior to the expiration of a term of office, the Cco uncil shall fill the
vacancy by appointment or special election in a manner prescribed by law.
If the Cco
uncil fills the vacancy by special election, the election shall be held on the next regularly established election date not less than one hundred fourteen (114) days from the call of the special election and the appointee shall hold office for the unexpired term of the former incumbent.
If t he Cc ouncil appoints a person, and the vacancy occurs in the first half of a term of office at least one hundred thirty (130) days prior to the next general municipal election, the person appointed shall hold office until the next general municipal election and thereafter until the newly elected incumbent is qualified. If the vacancy occurs in the first half of the term of office but less thaen one hundred thirty (130) days prior to the next general municipal election, or if the vacancy occurs in the secondtion half of the term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.
G.H. Rules of Procedures:
Th e City Council shall determine its own rules of procedures and amend them from time to time, or adopt new rules as it deems necessary. Amendment to or adoption of new City Council Rules shall be accomplished by majority vote of the entire Council membership.
H.I. I
nterference in Staff FunctionsCouncil - Staff Relations:
The City Council shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof, shall give orders to subordinates of the City Manager. No member of the City Council shall publicly criticize or censure any staff member of the City, and shall instead relay any criticism of a staff member privately through the City Manager.Council ITEM 1
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understands that the position they hold requires transparency and accountability to the public they se rve and s hall address the administrative services of the City through the City Mmanager. Inversely , City staff ’s primary function is to ta ke action promulgated by the Council as a whole through the direction of the City Mmanager. The Ccouncil is discouraged from instructing or reprimanding City staff as individual Cc ouncilm members or in a public forum. Comments or concer ns should be communicate d through the City mM anager and resolved in private.
JI. Council Position on Ballot Measure(s) or Legisla tive Proposals:
A majority vote of the entire Council membership will be require d for support or opposition of legislative proposals or ballot meas ures.Because the Council performs as a body, it is important that the public understand when an individual Ccouncil member is speaking as ai n individual and when they are speaking on behalf of the entire Council. Council members should refrain from using City letterhead, corresp ondence, or logos when expressing their opinions as an individual to the public. Council members may clarify that they did or did not support a mat ter so long as they clearly articulate th e Council ’s positions as a whole unambiguously.
K. C ouncil Con flicts & Liability
i. C onflict of Interest ( Government Code Section 87105) State laws are in place that attempt to eliminate any action by City Officials that may reflect a conflict of interest. The purpose of such laws and regulations is to ens ure that all actions are taken in the public interest.
Newly elected officials are required to file a Statement of Economic Interest (Form 700) within thirty (30) days of being sworn into office. Thereafter, elected officials are required to file an annu al Form 700. T hereafter the City Clerk will then notify elected officialsyou of theiryour filing requirements. Written permission must be obtained before posting elected officials’ home addresses or telephone numbers on the Internet.
At any time if a City Official b elieves that a potential for conflict of interest exists, he or she is encouraged to consult with the City Attorney or private legal counsel for advice. Staff may also req uest an opinion from the City Attorney regarding a City Official’ s potential conflict. Laws whi ch regulate conflicts are very complicated. Violations may result in significant penalties or fines, including criminal prosecution.
ii. P olitical Reform Act (Government Code Section 87100 et. seq.) The Political Reform Act prohibits public officials from ma king, participating in, or in any way attempting to use their official position to influence a governmental decision in which they know, or have reason to know, that they have a disqualifying confl ict of interest.
Therefore, if a public official has a con flict of interest, the official must disqualify himself or herself from acting on or participating in the decision before the City. During that discussion, the official must leave the Council Chambers or wherever the discussion is taking place.
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Economic i nter ests include interests in businesses, real property, sour ces of income , and gifts. An official has a financial interest if “it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from the effect on the publi c generally” on one or more of the economic interests of the official or a member of the official’s immediate family. Economic interest amounts vary pursuant to updat e by the Fair Political Practice Commission.
Determining whether a Councilmember has a disqualifying conflict of interest is very complicated and fact specific. Please contact the City Attorney if you suspect that you may have a conflict of interest so that a formal four -step analysis of the potential conflict can be provided.
Government Code section 87105 states that a Council or commission member who has a conflict of interest must recuse himself or herself and leave the room, unless the matter is on the Consent Calendar. After it has been determined that a conflict of interest exists u nder the Political Reform Act, the following steps must take place:
1. P ublicly identify the financial interest. This must be done in enough detail for the public to understand the economic interest that creates the conflict of interest.
Residential street addresses do not have to be disclosed.
2. R ecuse yourself from both the discussion and the vote on the matter. Recusal applies to all proceedings related to the matter.
3. L eave the room until the matter has been completed. The matter is considered complete when there is no further discussion, vote, or any other action.
Exceptions: if the matter is on the conse nt calendar, recusal is not required. Additionally, if the individual with the conflict wants to speak during public comment, he or she may do so as a private citizen . However, this is the only time he or she may be in the room while t he matter is being considered.
The Fair Political Practices Commission (“FPPC”) has published lengthy regulations and opinions on conflicts of interest that are usef ul in determining whether a particular financial interest or decision could give rise to disqualification based on a potential conflict of interest.
The FPPC also puts out informational pamphlets to assist public officials in determining what types of situations may give rise to prohibited conflicts of interest.
G
overnment Code Section 1090
Government Code section 1090 is similar to the Political Reform Act, but it applies only to City contracts in which a public official has a financial interest. The f inancial interests covered by section 1090 are different than those in the Political Reform Act. Having an interest in a contract may preclude the City from entering into the contract at all. In addition, the penalties for violating section 1090 are seve re. If a City Official believes that he or she Commented [KV1]: Should "you" be taken out?
> "If a Councilmember suspects he or she has a conflict of interest, the Councilmember should contact the City Attorney so a formal four-step analysis of the potential conflict can be provided."
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may have any financial interest in a contract that will be before the Council, the member should immediately seek advice from the City Attorney.
There are a number of other restrictions placed on Council act i ons which are highlighted in the League of California Cities Handbook. Such restrictions include prohibitions on secrecy and discrimination , as well as assurance that all City funds are spent for public purposes.
Violations of these restrictions may result in a personal liability for individual City Officials.
C onflict of Interest Forms
Annual disclosure statements are required of all Councilmembers, designated commissioners, and senior staff. These disclosure statements indicate potential conflicts of interest, including sources of income, ownership of property, and receipt of loans and gifts. Councilmembers often serve on the governing board of other local agencies as a result of appointment or delegation through the Council (e.g., ABAG, etc.). These agencies will also require the submittal of disclosure fo rms. These forms require information including income, loans, receipt of gifts, and interest in real property, among other items.
Liability
The City is a large institution offering a variety of services and may often find itself subject to legal actions through lawsuits. The City must always approach its responsibilities in a manner which reduces risk to all involved. H owever, with such a wide variety of high- profile services (e.g., police, fire) risk cannot be eliminated.
It is important to note that violations of certain laws and regulations by individual City Officials may result in that Oofficial being personally liable for damages which would not be covered by the City’s insurance. Examples may include discrimination, harassment, or fraud.
Ethics Training
(Government Code Section 53235(f))
State law requires the City to advise local officials, subject to California’s ethics education requirements, about their compliance requirements at least once a year.
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CHAPTER II
CITY COUNCIL MEETINGS
A. Regular Meetings:
Regular meetings of the City Council shall be open to the public and held on the second and fourth Mondays of every month at the hour of 6:00 p.m.
Whenever the day fixed for any regular m eeting of the City Council falls upon a day designated as a holiday, such meeting may be held at the same hour on the next succeeding day not a holiday.
B. Special Meetings:
A special meeting may be ordered at any time by the Mayor whenever the public busi ness may require it or upon the request from three members of the City Council. Only matters listed in the Notice of Special Meeting may be considered at the meeting. Whenever a special meeting shall be called, notice of such meeting shall be provided purs uant to State law. (Cal Govt. Code §54956)
C. Works hopsStudy Sessions :
The City Council may coordinate meet in a “study sessio n”workshops called as a s pecial meeting or an adjoined regular meeting for the purpose of acquiring information on a particular subject(s). Study sessions Workshops shall be open to the public. Study sessionsWorkshops are not public hearings;, however, public input will be received. The City Council may not vote or take any final action at a study sessionworkshop. The City Council may by consensus give direction to City Staff regarding matters considered in study sessionworkshops. Final action on all study sessionworkshop items shall be taken at regular or special meetings with opportunity for public comment.
Prior to the change in C ity Council meetings to 6:00 pm in 2015, Study Sessions workshops were very common. However, with the meeting time change, Council directed staff for most informational type items to be inc luded as part of the normal agenda as “Discussion Items .”.
Most in formational items will be handled under Discussion Items, however, study sessionsworkshops could still be held if the Council deems it necessary.
D. Adjournment of Meetings: (Govt. Code §54955)
1. The Ci ty Council may adjourn any regular, adjourned regular, spec ial or adjourned special meeting to a time and place specified in the motion to adjourn.
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2. Less than a quorum may adjourn any meeting.
3. If all members are absent, the City Clerk may adjourn the meeting to a stated time and place, and the notice required by Govt. Code §54956 must be given by the City Clerk.
4. When a Council meeting is adjourned to a specific time , date and place, a notice of adjournment must be posted near the door where the meeting w as held within 24-hours after the adjournment.
E. Continuance of Hearings: (Govt. Code §54955.1)
1. Any hearing being held by the City Council may by motion be continued or re-continued to any subsequent meeting of the City Council.
2. Notice of the continued hearing must be posted near the door where the meeting was held within 24-hours after the continuance.
3. If the hearing is continued to a time less than 24-hours the notice must be posted immediately following the meeting.
F. Voting Requirements:
1. Regular Motions or Resolutions. (Those for most all items of City business).
A simple majority of a quorum (two votes if only three members are present) or simple majority of the members present.
2. Resolutions or Motions Authorizing the Expenditure of Public Funds.
A majority vote of the total Council membership is required (i.e. three votes).
Govt. Code §36936
3. R egular Ordinances .
A majority vote of the total Council membership is required (i.e. three votes).
Govt. Code §36936
4. U rgency Ordinances . (Ordinances for the immediate preservation of the peace, health or safety). A 4/5 vote of the total Council membership is required. Govt. Code §36937(b)
5. I nterim Urgency Ordinances Regarding Land Use Matter s.
A 4/5 vote of the total Council membership is re quired. Govt. Code §65858
6. Motions to Add Items to Agenda.
A 2/3 vote of members present is required, or a unanimous vote if less than 2/3 of members are present.
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G. Cancellation of Meeting:
If the City Council considers and then decides to canc el a future regularly scheduled or special meeting it sho uld take such action at the ear liest prior meeting possible. If the action to cancel a meeting is taken more than one regular meeting prior to the date of the canceled meeting, the fact of any such canc ellation shall also appear as an informative item on the agenda for the meeting immediately preceding the canceled meeting date.
H. Agenda:
In order to facilitate the orderly conduct of the business of the citizens of Ceres , the City Manager shall arra nge an agenda of such matters as may have been timely provided for inclusion in the agenda. In normal circumstances the Council will be provided with a copy of the City Council agenda on the Wednesday prior to the City Council meeting. To meet this schedule the City Manager shall establish deadlines for the submi ttal of staff reports for inclusion in agendas. requests that all agenda items be submitted seve nty-two (72) hours in advance for regular meetings and twenty-four (24) hours in advance for special meetings.
I. Agenda Format for Regular Meetings:
1. Order of Business:
Promptly at the hour set for any meeting, the members of the City Council, City Manager, City Attorney, and City Clerk shall take their regular stations in the Council Chambers and the business of the City Council shall be taken up for considera tion and disposition in the following order:
a. Preliminary:
- Call to Order
- Roll Call
- Invocation
- Pledge of Allegiance
- Presentations/Ceremonial Items
- Citizen Communications to Council on Non-Agenda Items - -
- Declaration of Conflict of Interest
b. Appointments to Boards, Commissions
c. Consent Calendar (including the approval of the Minutes and Certification of Posting) d. Consideration of Item(s) Removed from the Consent Calendar e. Unfinished Business
f. Public Hearings
g. New Business
h. Discussion Items
i. Councilmember Referrals
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j. Reports:
- Mayor
- City Council
- City Manager
- City Attorney
- City Department Heads
J. Selective Components of a Regular Meeting:
The published agenda shall consist of an agenda and summary reports providing sufficient information needed for deliberation and action.
1. Invocation:
The City of Ceres has a long history of invocational pray er preceding its City Council meetings. It is the policy of the City Council that the opportunity to offer the invocation at City Council meetings shall be made equally available to representatives of all faiths.
2. C itizen Communications :
Subject to the time limits described in this document, any member of the public or their authorized representative, may address the City Council on any matter conce rning the City’s business, or any matter over which the City Council has control, whether on its posted agenda or not. Comments on items included on the agenda shall be reserved until the Council considers those items. However, the City Council is prohibit ed from extensively discussing, or taking action, on an item not appearing on its posted agenda under the provisions of the Brown Act. Any issue raised under “Citizen Communications” will therefore be limited to a determination whether it should be placed on a future agenda for discussion, action, or report. The City Council can, however, allow its member s or staff to briefly respond to statements made and to ask questions for clarification.
3. Minutes :
a. Description:
The minutes of a City Council mee ting shall be “ action minutes” which include the motions made, actions taken, and a brief summary of publ ic comments and City Council comments germane to the outcome of the item.
b. Reading of Minutes:
If each Councilmember has been furnished with a copy of the minutes prior to the meeting, the minutes may be approved without reading. If a Councilmember rais es a point of correction to the minutes of a City Council meeting, that correction may be approved at that meeting.
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c. Voting on Approval of Minutes:
City Council minutes may be approved by a majority vote of a quorum of the Council membership. Council members who were not present at the meeting for which the minutes were prepared should abstain from voting. If a quorum of Councilmembers who were present at the meeting for which th e minutes were prepared is not present, action on the minutes shall be continued to a future meeting. d. Signing of Minutes:
After their approval the minutes shall be signed by the Mayor (or the chair of the meeting) and the City Clerk.
e. Including Reasons for Dissent or Protest:
The Mayor and any Councilmember shall have the right to have the reasons for his or her dissent from or protest against, any action of the City Council entered into the minutes. In such case the me mber dissenting or protesting shall deliver to the City Clerk within five (5) days of the meeting a t wh ich action was taken a written statement of the reasons for dissent or protest. The City Clerk shall include such statement in the minutes of the meeting. Failure to submit the written statement within the time required shall be deemed a waiver of th e right to have the statement included in the minutes.
4. Approval of Agenda as Posted (or Amended) / Adding Matters to the Agenda:
a. The Brown Act requi res that the agenda for regular City Council meetings must be posted at least 7 2 hours prior to the m eeting. (Govt. Code, Section 54954.2(a)) Except in very limited circumstances, the City Council may n ot discuss or take action on any item not appearing on the posted agenda.
The posted agenda may be amended at the meeting to include statutorily defined emergency items or matters which require immediate action subject to certain required findings.
b. An emergency item is defined as a work stoppage, crippli ng activity that severely impai rs public health, safety or both, as determined by a majority vote of the entire membership of the Council (Govt. Code §54956.5)
c. M
atters requiring immediate action by the City Council may be added to the agenda by a 2/3 vot e of the Council members pres ent at the meeting if the Council finds: (i) that there is a need to t ake action immediately; and (ii) that the need to take action came to the attention of the City after the agenda was posted. (Govt. Code §54954.2(b)(2))
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5. D eclaration of Conflict of I nterest:
If a Councilmember has a conflict of interest with regard to any item on the agenda as posted (or amended) and certified, the Councilmember must declare that conflict publicly prior to consideration of the item. The circumstances creating the conflict must be stated and the Councilmember must leave the room when t he matter is under consideration and not return until after the decision is made . However, should a Councilmember have a conflict of interest on a matter which appears on the consent calendar, the Councilmember is not required to leave the room when the i tem is considered, but public disclosure of the conflict is still required.
6. Consent Calendar:
Items of a routine, non-controversial nature may be placed on the consent calendar at t he City Manager’s discretion. Consent calendar items may include the s econd reading and adoption of City ordinances. When such ordinance matters are placed on the consent calendar they shall be listed in the following manner:
“Waiver of Second Reading and Adoption of
Ordinance No. _________ (complete title of
ordinance).”
All
items may be approved by one motion and one vote. Any Councilmember , the City Manager, the City Attorney, or member of the public or their representati ve may request any item be withdrawn from the consent calendar for separate consideration in its re gular order of business. Prior to consideration of the Consent Calendar the Mayor shall advise the public that they may request removal of a matter from th e Consent Calendar for separate consideration by the Council. Prior to the approval of the Consent Ca lendar, corrections to item(s) on the Consent Calendar may be stated and corrected .
Councilmembers may register a “No” v ote on specific item(s) without rem oval from the Consent Calendar. As part of the roll call voting, the Council member wishing to vote “No” on a particular items shall indicate it as part of their roll call vote and the Clerk shall cause all items for which “no votes” have been registered to be reflected in the minutes of the meeting.
7. Unfinished Business:
Matters continued by the City Council for further consideration by the City Council.
Such matters may include formal public hearings that are continued by the City Council to a spec ific date or other matters wher e the Council desires further information or materials from City Staff prior to making a decision on the matter.
8. C
ity Council Referrals/Determination of Items for Agenda:
a. Any Councilmember may, prior to the posting of the agenda for a regular City Council meeting, bring any matter to the attention of the City Council which is not otherwise scheduled on a City Council agenda. The matter will be placed on the agenda in the Council Referral section. The sponsoring ITEM 1
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Councilmember shall give the City Manag er a brief description of the subject to be printed in the agenda, sufficient to inform the City Council and public of the nature of the referral. Any Ccouncil member may place an item on the agenda pr ior to the posting of t he agenda by bringing the matter to the attention of the City Mm anager by 5:00 p.m. on the Monday before agendas are posted. The sponsoring Councilmem ber shall give the City Mm anager a brief description of the subject to be printed on the agenda a nd the item will be placed in the referral section of the agenda. If the proposed agenda item is received after M onday at 5:00 p.m. , every effort will be made to add the proposed item to the up coming agenda. Any items received after the agend a has been posted will be added to the next agenda.
b. The City Council, after considering the referral, may do any of the following:
(1) Reject the request.
(2) Refer the matter to staff to schedule as a future City Council agenda item.
c. The Councilmember who requested the refe rral has the privilege of speaking first on the item.
d. No matter which has previously been brought before the Council under Council referral, and which a majority of the Council has declined to schedule as a future City Council agenda matter, shall be aga in brought before the Council under Council referral unless it is brought by a Council member other than the Councilmember who originally brought it.
e. The City Manager shall have the responsibility for d etermining all other matters which are placed on the agenda for the City Council meetings, including regular meetings or special meetings . In the exercise of his discretion, the City Manager shall place on the Agenda: (i) those matters which are necessary , in the judgment of the City Manager, to impleme nt the stated policies, goals, priorities or objectives of the City Council; (ii) those matters which are necessary to implement the orderly day to day functioning of City affairs; (iii) those matters w hich are required by law to be considered or determined by the City Council.
9. Appoi n
tments :
Appointments to the City Boards, Committees and Commission shall be made as described in Chapter V of this document.
10. Reports:
On the Re ports section of the agenda the Mayor, Councilmembers, City Manager, City Attorney, and City Staff shall report on all committee meetings which they have attended as the official City representative and all conferences they have attended. They may also report on various communi ty events and activities they have attended and other ma tters related to the operations of the City and the general well-being of the community.
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Reports should be brief summaries of activities and concerns and generally should not exceed three to five minutes in length. Since these matters are not on the post ed agenda, the Brown Act prohibits the City Council from making any formal decision or reaching a consensus regarding any issue that might be raised. There should be no significant discussion regarding such matters. If the City Council believes that t he matter deserves the attention of the Council, it should direct the City Manager to pl ace the matter on a future City Council agenda.
11. Closed Session:
On this portion of the agenda the City Council may discuss and decide certain types of matters which are authorized by the Brown Act to be considered in closed session. The Brown Act prescribes specific descriptions of the various types of close d session matters which must appear on the posted agenda . The Mayor should adjourn the public meeting to closed session to consider such mat ters. In doing so, it is not necessary to read the agenda description. I t is sufficient to simply refer to the numbered agenda item. The Brown Act requires that when ce rtain decisions are made in closed session those decisions must be reported to the public. Some decisions must be reported in public session immediately after conclusion of the closed session. The City Attorney will advise the City Council regarding the time and manner of publicly reporting their closed ses sion decisions.
Information provided and discussions held in closed session are confidential and must not be disclosed to the public by any persons attending the closed session unless specifica lly authorized by a majority vote of the City Council. Violat ions of this ru le of confidentiality may be punished by public censure, and may also be subject to prosecution by the District Attorney as a misdemeanor criminal violation.
K. Commencement of Successor Agency Meetings:
The City Council acts as the Successor Agency for the Former Ceres Redevelopment Agency and the Former Stanislaus-Ceres Redevelopment Commission. The Successor Agencies have a designated the start time for their meetings as 6:00 p.m. or as soon thereafter as business permits. Regular meeting s of the Successor Agency for the Former Ceres Redevelopment agency and the Successor Agency for the Former Stanislaus Ceres Redevelopment Commission are held on the same dates and times of regular meetings of the City Council.
Items for the Successor Agency for the Former Stanislaus Ceres Redevelopment Commission will customarily be heard prior to the Reports Section of the City Council meeting. The City Council meeting adjourns to the meetings of the Successor Agencies and reconvenes to the City Council Meeting. Holding a Joint Meeting of the agencies is also an option depending on the agenda of the respective agencies.
L. Prese
ntations and Proclamations
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All requests for presentations and proc lamations shall be requested through the City Manager, who will determine the appropriate time to bring back th e request to the Council for consideration. Proclamation requests shall be requested at leas t onea month before the City Council meeting in which i t is needed. Presentation requests shall be requested in the same manner as Councilmember referrals.
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CHAPTER III
DECORUM
A. E nforcement of Decorum:
The City Manager shall assign a sergeant -at-arms when necessary to attend City Council meetings for the purpose of ma intaining order and decorum in the City Council Chambers and in the lobby. Upon instructions from the Mayor, the sergeant -at-arms shall eject any member of the public present at the meeting from the City Council Chambers, whose conduct is in violation of any of the following adopted rules of order and decoru m (see Govt. Code, §36813):
1. P ersons attending meetings of the City Council shall at all times conduct themselves in a courteous manner with regard to other members of the public attending the meeting and to Councilmembers and City Staff.
2. P ersons at tending the meeting shall refrain from the use of profanity and rude or derogatory remarks.
3. N
o person attending the meeting shall engage in disorderly conduct which disturbs the peace and good order of the meeting. Continuation of such conduct after an a dmonition from the Mayor will result in removal from the Council chambers.
4. A ny person who willfully disturbs or breaks up any as sembly or meeting is guilty of a misdemeanor and will be subject to arrest. (Cal. Penal Code, §403.)
5. N othing in these rules prohibits the right of the public to criticize the policies, procedures, programs or services of the City or of the acts or omissions of members of the City Council or City staff (Cal Govt. Code §54954.3(c))
To maintain the confidence and integrity of City business in a manner which is professional and efficient, all participants of the public hearing or meeting process must comply with th e foregoing guidelines:
B.A. Courtesy:
1. Councilmembers, City Employees, and Appointed Members of Boards/Commissions:
Councilmembers, City Emp loyees, and Appointed Members of the Board/Commission, collectively (“ City Representatives”) shall accord the utmost courtesy to each other, City employees and the public appearing before the City Council, and shall refrain at all times from rude a nd derogatory remarks, public criticism of staff, remarks as to integrity, abusive comments and statements as to motives and personalities.
In addition, all City Represent atives shall comply with the guidelines detailed in the Ceres Municipal Code (“Code”) sections 2.17.040 and 2.17.050.
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2. R ules of Ci vility:
All City Representatives and members of the public are expected to comply with the Rules of Civility detailed in Code section 2.17.080.
2. C ity Emplo yees:
Employees of the City shall observe the s ame rules of order and decor um applicable to the City Council.
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3. A ppointed Members of Boards, Commissions and Com mittees:
Appointed members of Boards, Commissions and Committees of the City shall observe the same rules of order and decorum applicable to the City Council.
3. E nforcement Aagainst City Representatives :
The City has formed a Rule Committee to enforce the City’s rules of civility against City Representatives. The Committee shall be responsible for issuing admonishments, reprimands, and censures to City Representatives who violate the provisions of the rules of civility pursuant to Code sections 2.17.120 through 2.17.160.
4. E nforcement aA gainst pPublic Aattendees:
In accordance with Code section 2.17.100 and Government Code section 54957.95, disruptive behavior during a meeting may result in the removal of the individual by the Mmayor. Prior to r emoval of an ind ividual, the Mmayor shall warn the indivi dual that their be havior is disrupting the meeting and their failure to cease m ay result in their removal by the sergeant of arms as defined in Code section 2.17.090.
Di
srup tive behavior is behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders inf easible the orderly conduct of the meeting and includes, but is not limited to: (A) failure to comply with reasonable regulations adopted by the Co uncil, or (B) eEngagement in behavior that constitutes use of force or a true threat of force.
They mMayor, upon his or /her discretio n or upon the recommendation of another Ccouncilmember, may commence the removal process following the disruptive behavior of the individual member of the public.
4.5.Cell Phone Usage:
Cell phone usage is prohibited in the Council Chambers while a meeting is in session.
Noise in the Lobby:
6. Noise em anating from the lobby outside the City Council Chambers which disrupts City Council meetings shall not be permitted.
7. E
ntering/Exiting the Meeting F acility:
The designated facility for meetings and hearings contains an entrance for staff and a separate entrance for the public. For prompt and orderly seating and to ensure safe and structured exiting, all meeting partici pants shall endeav or to use the ir designated entrance/exit when attending City meetings and hearings.
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BD. Crowd Control in Council Chambers:
If the City Manager, or the City Manager’s desi gnee, anticipates in advance a large number of attend ees in the C ity Council Chambers, he or she s hall open over flow viewing. shall provide for appropriate crowd control.
If a crowd larger than the maximu m number of attendees is anticipated, the meeting shall be relocated to a more appropriate venue.
E. Smoking:
It is unlawful for any person to smoke in the City Council Chambers.
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CHAPTER IV
PROCEDURAL RULES FOR CONDUCTING MEETINGS OF THE CITY COUNCIL
A. Adoption of Procedural Rules:
These procedural rules are adopted by the City Council to assist the Council in conducting its meetings in an orderly and efficient manner. The rules are intended to facilitate and expedite a full and adeq uate considerat ion and debate, by elected officials and the public, of all matters which come before the City Council for decision. Except with respect to matters that are mandated by State law, any failure of the City Council to confirm to these rules shall not, in any instance, be deemed to invalidate the action taken.
B. Call to Order:
The meetings of the City Council shall be called t o order by the Mayor, or in the Mayor’s absence, by the Vice Mayor . In the absence of the Mayor and the Vice Mayor , the meeting shall be called to order by the most senior Councilmember present. This person shall serve as the Council’s pr esiding officer until the arrival of the Mayor or Vice Mayor , or until adjournment of the meeting.
C. Roll Call:
Before proceeding with the business of t he City Council, the City Clerk shall call the rol l of the City Council and the names of those present and those absent shall be entered into th e minutes of the meeting. The Presiding Officer shall announce that a late Councilmember has arrived for the benefit of the television audience.
D. Quorum:
Three members of the City Council shall con stitute a quorum for the transaction of business.
A major ity of a quorum shall be sufficient to pass any action taken by the City Council except on such matters, which, by law or ordinance , require a greater majority. A ll ordinances and all orders for the payment of money require at least three (3) affirmative votes.
E. Lack of Quorum:
If a majority of the City Council are absent from any meeting, the remaining members of the City Council may declare the meeting adjourned to a stated time and place and the City Clerk shall cause to be prepared a written notice of the adjournment and conspicuously post it at the entrance to the Council Chambers within 24 hours of adjournment. If all members of the City Council are absent from a regular or adjourned regular me eting, the City Clerk may adjourn the meeting to a stated time and place, and cause a notice to be posted in the same manner as above.
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F. Format for Processing Public Hearings/Appeals:
Generally, public hearings shall be conducted in the following order:
1. R egular Public Hearings : (no specific applicant or City is applicant) - Staff presentation
- Questions of staff by Councilmembers
- Hearing opened by Mayor
- Public Comments
- Hearing closed by Mayor
- Questions by Councilmembers
- Discussion by Councilmembers
- Action by City Council
2. A ppeals :
- Staff presentation
- Questions of staff by Councilmembers
- Hearing opened by Mayor
• Appellant’s comments
• Public comments
• Rebuttal by Appell ant (limited to addressing public comments) - Questions by Councilmembers of appellant or other public participants - Hearing closed by Mayor
- Discussion by Councilmembers
- Action by City Council
3. P ublic Hearing Involving a Specific Applicant
(i.e. land use matters and other matters proposed by a s pecific applicant) - Staff prese ntation & recommendations
- Questions of Staff by Councilmembers
- Hearing opened by Mayor
• Applicant’s presentation
• Comments from members of the public supportive of the matter • Comments from members of the public opposed t o the matter • Rebuttal by Applicant (limited to co mment or arguments made in opposition) - Questions by Councilmembers of Applicant or other public participants - Hearing closed by Mayor
- Discussi on by Councilmembers
- Action by City Council
G. Mayor as Presiding Officer:
The Mayor shal l be the Presiding Officer at all the meetings of the City Council. The Presiding Officer may move, second, and de bate from the Chair, subject to such limitations of debate as are imposed on all Councilmembers by th ese rules and shall not be deprived of any of the rights and privileges of a Councilmember as such Presiding Officer. The Presiding Officer shall possess no veto power.
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The Presiding Officer shall preserve strict order and decor um at all times. The Presid ing Officer may announce special rules for the consideration of a particular item on the agenda, such as, but not limited to: t he length of time persons ma y speak; require that, if desirable, a spokesperson address the Council on behalf of a group of persons; and, in the event of a hearing, provide time for arguments and rebuttals from proponents and opponents.
The Presiding Officer shall decide all ques tions of order, subject, however, to an appeal to the City Council, in which event a majority vote of t he City Council shall govern and conclusively determine such question of order. The Presiding Officer is eligible to vote on all matters coming before th e Council for decision, and shall direct the order of participation of Councilmembers. The Presiding Officer shall, in all instances, have the last chance to speak.
The Presiding Officer shall sign all ordinances and resolutions adopted by the City Council during the Presiding Officer’s presence.
H. Recognition to Speak, Councilmember:
Every C ouncilmember des iring to speak shall address the Presidin g Officer and, upon recognition by the Presiding Officer , shall confine his or her remarks to the question under debate.
1. Interruptions:
A Councilmember, once recognized, shall not be interrupted while speaking unless called to order; unless a motion to raise a point of order is raised by another Councilmember, or unless the Councilmember speaking chooses to yiel d to questions from another Councilmember.
2. C
hal lenged While Speaking:
A Councilmemb er, challenged w hile speaking, shall cease speaking until the point of order is determined. The Councilmember shall be permitted to proceed if ruled to be in order. Conversely, the Councilmember shall remain silent or alter any remarks to comply with rules of the City Council if found not to be in order.
3. Publ i
c Hearings :
Councilmembers should not speak to the merits of an issue, other than to ask questions, until the public hearing has been closed.
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I. Addressing the City Council:
1. S peaker Card and Speaker Time:
For all agenda items persons wishing to address the City Council should use Speaker Cards. After the meeting is called to order, the Presiding Officer shal l encourage those persons wishing to address the Council to complete and return to the Clerk, Speaker Cards, which list their name , address, and the matter on which they wish to be heard.
Depending upon the extent of the agenda and the number of persons de siring to speak on an issue, the Presiding Officer may, at the beginning of the hearing, limit the time for individual comments. When deemed nec essary, the Presiding Officer may allocate a longer speaker time without objection from the City Council. The foll owing time limits apply unless modified by the Presiding Officer.
Applicant/appellant - 10 minutes
Individual speakers - 5 minutes
Rebuttal by applicant/appellant - 5 minutes
Person speaking on non agenda items – 5 minutes
Each person shall stand at t he podium, if one is available, and is requested to give his or her name and address fo r the record. Al l remarks shall be addressed to the Counc il as a body and not to any member thereof. No person, other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Counci l, without the permission of the Presiding Officer. No question shall be asked of a Councilmember or a member of City staff except through the Presiding Officer.
2. O
ne Speaker at a Time:
No person, other than the person having the floor, shall be permitte d to enter into any discussion without the permission of the Presiding Officer. All discussions shall be through the Presiding Officer, and no question shall be asked of a Councilmember except through the Presiding Officer.
3. Questions and Comments from the Public:
Questions and comments from the public shall be limited to the subject under consideration, except for Citizen’s Communication on non agenda items.
4. Addressing the City Council a f
ter a Motion is Made:
No person in the audience may address t he City Council after a motion is made wi thout first securing permission to do so. Upon recognition by the Presiding Officer and permission being granted by the City Council, the person so recognized shall confine him or herself to the question under discussion.
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J. Continued Agenda Item:
It is City Council practice and policy that matters scheduled on an agenda will be heard at the meeting scheduled. When unforeseen circumstances mandate a request for con tinuance of an agenda item by an appl icant, appellant, or other interested parties, the reques t must be made to the City Council at the outset of the consideration of the item. In addition, any person intending to make a request for a continuance shall inf orm the City Clerk, in writing; as soon as possible pr ior to the meeting that such a request for continuance will be made. The City Clerk shall inform the Mayor. The City Council will consider the request f or continua nce prior to discussing the substance or merits of the agenda item. The inte rested parties m ay speak to the issue of a continuance wi thout forfeiting the right to speak later to the merits of the issue if a majority of the Council so rules. Comm ents may be presented by persons not able to attend the meeting for which the item is f inally scheduled if the City Council agrees to continue the item.
K. Public Hearing Closed:
Once a hearing is closed it is inappropriate fo r the public to speak except to a nswer an inquiry of a Councilmember addressed through the Presiding Officer. However, a public hearing may be re-opened by the Presiding Officer to hear new information.
L. Division of Question:
If the question contains two or more propositions, each of w hich is capable of standing as a complete proposition if the others are removed, the Pr esiding Officer may, and upon request of a Councilmember shall, divide the question.
M. Withdrawal of Motion:
A motion may not be withdrawn by the maker of the motion wi thout the consent of the Councilmember who seconded the motion.
N. Voting:
All votes of the City Counc il be made by roll call and the results shall be announced and recorded in the minutes by the City Clerk .
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O. Failure to Vote:
Absent a disqualificat ion under S tate law, including conflict of interes t provisions and prohibitions on participating when pe rsonal bias would prohibit a fair decisi on, it is the responsibility of every Councilmember to vote. Failure to vote that is not compelled by a legal disqualification shall constitute an affirmative vote. A Councilmember who fails to vote shall nonetheles s be cou nted towards making up a quorum, unless the failure to vote is compelled by a legal disqualification.
P. Abstention/Recuse: Conflict of Interest:
Councilmembers shall disqualify themselves and abstain from voting if they have a f inancial conflict of interest or any other disqualificatio n prescribed by law in a matter before the City Council. In such event, they may not participate in the discussion or the vote .
Councilmembers shall state the specific reason for such disqualification. Unless the matte r is on the consent calendar, the abstain ing Councilmember shall leave the Council da is until the conclusion of the agenda item. The matter will then proce ed as tho ugh the member is not present, and the member shall not be counted toward making up a quorum.
Q. Tie Votes:
All tie votes shall be de emed to be a denial of the matter that is before the Council for decision, unless the Council by a majority vote of the members present elects to continue the matter to the next Council meeting when it is reasonably known that all Council members will be present.
R. Appeal from the Presiding Officer’s Decision:
When the rules are silent, the Presiding Officer shall decide all questions of order, subject to appeal b y any Councilmember. When in doubt, t he Presiding Off icer may submit the question to the City Council. Any decision or ruling of the Presiding Officer may be appealed by request of any Councilmember. The Presiding Officer shall immediately call for a vote to determine if the Presiding Officer’s ruling shall stand.
S. Parliamentary Motions and Procedures for the Processing of Council Business:
The City Council adopts Rosenberg’s Rules of Order, as modified by the provisions stated in these rules, as the parliamentary procedures and motions to be used as a guide for conducting the City’s business at meetings of the City Council. A copy of Rosenberg’s Rules of Order is attached hereto as EXHIBIT A. Strict adherence to these suggested parliamentary procedures and motions is not required, but their use is encouraged to the extent that such use helps to promote an orderly and efficient public meeting of the City’s elected officials. No provisions in these administrative proce ssing procedures are intended to overri de State law or local ordinance provisions.
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T. Summary of Rosenberg’s Basic Format for Agenda Item Discussion and Decision:
1. A nnouncement of Agenda Item.
The Presiding Officer (P/O) should announce the age nda item nu mber and read the agenda description of the item under consideration.
2. R eports Concerning the Agenda Item.
The P/O should request report(s) on the item from City staff or other person(s) who have submitted a report to the Council on the agenda ite m.
3. Questions by Council.
The P/O should invite questions by the Council of those person(s) who have presented reports(s).
4. Public C o
mment.
The P/O should invite public comment on the agenda item, and upon the conclusion of public comment, announce that public comment has concluded. In the case of public hearings and appeals, the format in C hapter IV, F shall be followed.
5. M
otio n by City Council.
The P/O should invite a motion from any member of the Council. In most circumstances this will be a motion to approve or deny the proposed agenda item.
6. Seconding of Motion.
The P/O should determine if any member of the Council wishes to second the motion. If there is no second to the motion, the P/O shall have discretion to proceed with the motion in the absence of a second.
7. R
epeat the Motion.
The P/O, for clarity, should repeat the motion (i.e. “A motion has been made and seconded to….”)
8. D
iscussion of Motion.
The P/O should invite discussion of the motion by the City Council. - If there is no discussion the matter should proceed to a vote. - If discussion is lengthy P/O should repeat the motion.
9. C ouncil Vote.
After discussion of the Council is concluded (and no motion to amend or substitute the motion has been made) the P/O should call for the roll call vote.
10. A nnouncement of Vot e.
City Clerk should announce the result of the vote.
U. Summary of Rosenberg’s Common Motions:
1. Motion to Amend.
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Used to change or modify a motion that is before the Council. - Retains the basic motion on the floor but modifies it in some way. - Requires a second.
- Debatable.
- Simple majority.
2. Substitute Motion.
Completely discards the motion on the floor and puts a new motion before the Council. - Requires a second.
- Debatable.
- Simple majority.
3. Motion to Adjourn.
Requires immediate adjournment to the next regularly scheduled meeting. - Requires a second.
- Not debatable.
- Simple majority.
4. Motion to Recess.
Requires an immediate recess with length determined by P/O. - Requires a second.
- Not debatable.
- Simple majority.
5. M otion to Fix Time to Adjourn.
Requires adjournment at a s pecific time stated in motion. - Requires a second.
- Not debatable.
- Simple majority.
6. Motion to Table or Continue.
Requires discussion of item to be halted.
- May contain a specific time at which item can come back to Council. - Requires a second.
- Debatable.
- Simple majority.
7. M otion to Limit Debate.
Stops debat e on the item and in effect calls for a vote. - Requires a second.
- Not debatable.
- Should include a time limit.
- Requires a 2/3 vote.
8. M otion to Object to Consideration of Item.
Requires removal of item from the agenda.
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- Requires a second.
- Not debatable.
- Requires a 2/3 vote.
-
9. M otion to Suspend the Rules.
Allows Council’s existing rules to be suspended for a particular purpose. - Requires a second.
- Debatable.
- Requires a 2/3 vote.
10. M otion to Reconsider.
A llows a matter voted upon to be reopened for further debate. - A pplies only to extent existing law or ordinance provision does not prohibit reconsideration (i.e. an ordinance states that Council action on a particular type of item is final.)
- Requires a second.
- Debatable
- Requires a 2/3 vote.
- Must be made at meeting where item was voted upon or at very next meeting of Council.
- Must be made by a member who voted with the majority.
V. Processing of Multiple Motions:
1. Only three (3) motions may be on the floor simultaneously.
2. A fourth motion is out of order and would not be permitted.
3. T he Council should first consider and vote on the last motion made.
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CHAPTER V
BOARDS, COMMISSIONS & COMMITTEES
CITY REPRESENTATIVES & STANDING COMMITTEE
A. Boards, Commissions a nd Committees – City Representatives – Standing Committee:
1. D efinitions :
a. Boards, Commission and Committees:
The City Council may establish by ordinance or resoluti on all boar ds and commissions, including ad hoc committees, which shall advise the City Council and perform such other functions and duties as prescribed by the City Council. b. City Representatives:
Councilmembers and citizens may be appointed by the Ma yor to serv e on County, regional or multi -purpose agencies, committees and commissions to represent the City, with confirmation by the City Council.
c. Standing Committees:
S tanding committees are those created by ordinance or resolution of the City Counc il which have a continuing subject matter jurisdic tion or a meeting schedule fixed by formal action of t he City Council. Membership of such com mittees may consist of Council members and/or citizens who shall be appointed by the Mayor with confirmation of the Council. All standing committees are subject to the requirements of the Brown Act.
d. Ad Hoc Commit t ees:
Ad hoc committees are those commi ttees created by ordinance, resolution, or motion of the City Council which a re formed for a limited time and purpose and without any continuing subject matter jurisdiction. Such committees are not subject to the requirements of the Brown Act unless their membership includes a quorum of the City Council.
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2. Application and Appointment Process:
All members of boards, commissions and committees, except Council members, shall be appointed by the Mayor with the confirmation of the City Council, in accordance with the following procedure:
a. Vacancy, Announcement, Interview and Applicant Pool:
The City Clerk shall maintain records of membership status of boards, commissions and committees. The Clerk shall notify the Mayor of each vacancy.
When a vacancy occurs, the vacancy shall be announced at a Council meeting and invite the public to apply for the position or posi tions. The notice of vacancy shall be posted in the Ceres Courier and on the City’s website with notice of the closing date.
The final date for receipt of applications and the final date for receiving applications shall be at least one week following the M ayor’s announcement. At the meeting scheduled where the Mayor makes appointments, the City Clerk shall provide a copy of all applications received to the City Council.
b. Application Required:
No person shall be appointed to a board, commission or committ ee without filing a written application for appointment with the City Clerk prior to 5:00 p.m. on the date of the deadline for receipt of applications.
c. Scheduling of Appointment:
The City Clerk will schedule, on the regular City Council meeting agenda, as designated by the Mayor, a notice of the Mayor’s intention to make an appointment to a board, commission or committee.
d. All Applications Provided to All Councilmembers:
The City Clerk shall include in the City Council’s agenda packet for the Council meeting at which the Mayor’s appointment is scheduled, all current applications filed for appointment to the board, commission or committee desig nated in the Appointments section of the Agenda. In the event there are multiple vacancies on the same board, commission or committee the Mayor shall schedule the appointment and name the appointees of all vacant pos itions of any one board, commission or committee on the same Council meeting.
e. Applications: Current List:
A current list of applicants is established
each year. Applications may be submitted to
the City Clerk at any time between January 1 and December 31. These applications may be considered for various vacancies throughout the year; however, on December 31, any remaining applications of these persons not appointed will be void. In order to be considered in the following year, new applic ations will need to be submitted starting January 1.
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3. Councilmember Appointment:
The Mayor shall, instead of nominating, simply announce the appointment of the designated Council member as a member of a City, County, regional, multi -public agency, or other outside agency, committee or board at the time the matter is considered at the City Council meeting. If no motion is made by a Councilmember, immediately following the Mayor’s a nnouncement, to submit the Mayor’s intended appointment to formal vote of the City Council, t he Mayor’s announced appointment is deem ed approved.
B. Inability to Attend/Notification of Alternate:
If circumstances arise which prevent a member of a board, commission, or committee from attending a meeting of said body, and an alternate representative has been designated by the City, the member who will be unable to attend the meeting shall, to the extent reasonably possible, advise the alternate representative of his or her absence.
C. Removal of Member of Board or Commission or Committee or City Representative:
Any member of a board, commission or committee and any City representative or liaison to a outside agency, serve at the pleasure of the City Council, and may be removed, without cause, by a vote of not less than three (3) Councilmembers, initiated by either the Mayor or a Councilmember. Any proposed removal shall be scheduled as a Council Referral on the agenda of a regular Council meeting, with the name of the person proposed to be removed printed on the agenda.
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