[sections 2.04.010 through 2.04.110 remain unchanged]
2.04.120 Written communications.comments submitted electronically.
A. Regular Meetings. Written comments submitted electronically to tThe City Clerk is authorized to place any communication requiring Council action received at the clerk’s office prior to 124:00 noonp.m. on Monday, eight days precedingthe day of each regular Council meeting, and shall be listed on the agenda as provided for under the order of business established in this chapter. Any such communication received thereafter shall be listed on the agenda for the next regular Council meeting held thereafter. All communications shall be submitted provided to the Council with a report and recommendation by the City staffand incorporated into the record for the meeting. All correspondence shall be answered or acknowledged as soon as practicable.
B. Special Meetings. Written comments submitted electronically to the City three hours prior to each special Council meeting shall be provided to the Council and incorporated into the record for the meeting.
2.04.130 Oral communications.
All citizens requesting permission to address the City Council on any matter not contained in the agenda of a regular meeting may submit such request to the City Clerk prior to the time during the meeting at which “general public comment” is invited. The nature of the general public comment and the name of the person or persons desiring to be heard shall be clearly stated in such requests.
Such oral communications shall not be subject to debate or participation by other members of the public present at the Council meeting.
[section 2.04.130 is repealed]
[section 2.04.140 remains unchanged]
2.04.150 Consent calendar.
A. The consent calendar shall consist of the approval of minutes of previous meetings and those other items such as contracts and routine resolutions that do not necessitate a separate public hearing and that are determined in the agenda preparation process to be relatively non-controversial. The consent calendar shall be considered as one item regardless of the number of matters appearing on it and may be approved by a single vote. The Mayor or any Councilmember may remove an item from the consent calendar; such item will then be heard as an action item.
B. Councilmembers may request to have individual matters removed from the consent calendar so that they may be heard on those matters. All matters remaining on the consent calendar may be approved by a single vote. Any items removed from the consent calendar shall be considered separately in the order of their appearance on the agenda. Removed items may be heard immediately following the consent calendar or may be heard after the City Council concludes Closed Session.
[sections 2.04.160 through 2.04.200 remain unchanged]
2.04.210 Right to address the Council – Limitations.
Section 309310 of the Charter guarantees the right of citizens to present grievances at any regular meeting of the City Council; therefore, members of the publicevery person in attendance shall have the absolute right to address the Council as a whole during consideration of items under the following headings of business, upon obtaining recognition by the presiding officer. :
A. Public Hearings.Consent Calendar. Members of the public shall be heard prior to Council consideration of the consent calendar. Each speaker shall be allowed up to three minutes to address the Council concerning any and all items on the consent calendar. The Mayor or any Councilmember may then briefly respond to the speaker, or request a response from a staff member, or request discussion of an item or items on the consent calendar. Such actions shall not operate to remove an item from the consent calendar.
B. Agenda Items. Members of the public wishing to speak on an agenda item not on the Consent Calendar shall be given the opportunity to speak for up to five minutes to address the Council concerning the agenda item. Members of the public do not have the right to comment outside the scope of or unrelated to the agenda item under consideration.
C. Non-Agenda Items/General Public Comments. There will be a total of 21 minutes scheduled and titled “Public Comments” on the agenda near the beginning of the Council Meeting for members of the public to address the Council. Each speaker shall be allowed up to three minutes to address the Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the Council. In the event that more than seven individuals request to address the City Council on non-agenda items, the first seven will be heard near the beginning of the meeting. The remaining speakers will be heard near the conclusion of the meeting and granted three minutes each. In the event that all interested individuals present at the time address the City Council during the first Public Comments session, there will be no additional Public Comment session near the conclusion of the meeting. The presiding officer shall have the discretion to allow more than seven individuals to speak at the beginning of the session. An issue raised by a speaker may be referred to the City Manager. No other action may be taken by the Council at this time. Interested persons or their authorized representatives may address the Council while a matter is open to public hearing in regard to remarks or questions relevant to the matter under consideration.
D. Time Limits for Speakers Who Utilize an Interpreter. A member of the public who utilizes an interpreter to provide consecutive English language translation shall receive twice the time otherwise allotted to speak.
E. Request to Speak. Any person wishing to speak to the Council must submit to the City Clerk a request to speak prior to the close of public comment period on the item or under the general Public Comment period for non-agenda items. Requests to speak received after the close of public comment on the item will not be accepted. No person may yield speaking time to another person.
Any person who does not wish to speak to the Council but wishes to have the record reflect a position in favor of or in opposition to an agenda item may do so by indicating the same on the public comment form.
F. Group Presentations. Group presentations are not permitted on non-land use or non-adjudicatory matters.
G. Visual Presentations. The use of City equipment for visual presentations is not permitted on non-land use or non-adjudicatory matters. Documents may be submitted to the City Clerk to be provided to the Council and incorporated into the record for the meeting.
H. Land Use or Adjudicatory Matters. On land use or adjudicatory matters, project applicants or appellants, separate from public comments on the item, shall be allowed up to 15 minutes to address the Council on the matter. Project applicants or appellants that wish to show a presentation or video must make arrangements to submit the presentation to the City Clerk no later than 24 hours prior to the meeting. Project applicants or appellants are encouraged to be prepared with alternatives in the event that technical issues prevent visual presentations from being displayed on City equipment.
I. Signs. Signs and visuals may be held by members of the public, as long as they don’t block the view of other meeting attendees or otherwise interrupt or disrupt the orderly conduct of the City Council meeting.
J. Presiding Officer Authority. The presiding officer shall have the discretion to adjust provisions contained in this section, including speaker time limits, the number of speakers, and group presentation matters, subject to the right of any Councilmember to appeal to the Council.
B. Communications. Any person in attendance may address the Council by oral communications on any matter concerning municipal business over which the Council has influence or control.
C. Limited Right to Address the Council. In order to facilitate the conduct of the business of the City and to insure that comments of citizens are received by the Council at the appropriate time when matters are under consideration by the Council, rather than having such items being raised outside of the context and timing of such consideration, in addition to the absolute right to address the Council during consideration of the above item hearing of business, any interested person may request permission from the presiding officer to address the Council relevant to the subject matter under consideration. Such request should, whenever practicable, be made prior to a motion being made on the subject. The granting or denial of such a request by the presiding officer may be appealed to the City Council by a member of the Council. The presiding officer shall not permit any communication, written or oral, to be made or read where it does not bear directly on an agenda item then under discussion.
2.04.220 Addressing the Council – Co nsent required – Rules and time limits.
No person shall address or question a Councilmember, the City Attorney, the City Manager, the Director of Public Works, the Director of Planning, or other officials at the Council table without the prior consent of the presiding officer. Anonymous communications shall not be considered nor placed on the agenda. The presiding officer shall not permit any communication, written or oral, to be made or read where it does not bear directly on an agenda item then under discussion. The rules and time limits set forth in CVMC 2.04.230 and 2.04.240 shall apply to persons addressing the City Council.
2.04.230 Addressing the Co uncil – Individuals.
Each person addressing the Council on oral communications shall step up to the microphone, give his or her name and address in an audible tone of voice for the record, and shall limit his or her address to three minutes. Persons addressing the Council on items listed on the agenda shall limit their communication to five minutes, unless further time is granted by the presiding officer. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than a Councilmember and the person having the floor, shall be permitted to enter into any discussion without the permission of the presiding officer.
2.04.240 Addressing the Council – Sp okesman for a group of persons.
When any group of persons wishes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group to address the Council, and in case additional matters are to be presented at the time by any other member of such group, to limit the number of persons so addressing the Council so as to avoid unnecessary repetition before the Council.
Further, groups of persons shall be limited to a total presentation period of 30 minutes. The presiding officer shall first call for representatives of groups in favor of the matter under consideration and then for those persons in opposition to the matter under consideration, and thereafter shall allow a rebuttal time limited to five minutes to the proponents, who shall confine rebuttal remarks to answering comments made in opposition and not the introduction of new testimony. Further time may be granted at the discretion of the presiding officer, and in the case of public hearings, the presiding officer may, dependent upon the necessity for insuring adequate presentation of testimony and evidence to provide a fair hearing and due process, set longer time limitations. The decision of the presiding officer in regard to the setting of time limitations may be appealed to the Council.
2.04.250 Addressing the Council – Afte r certain procedures – Permission required.
After a public hearing has been closed and after a motion is made by the Council, no person shall address the Council without first obtaining the permission of the Council to do so. (Ord. 1486 § 2, 1973; prior code § 1.215).
[sections 2.04.220 through 2.04.250 are repealed]
[sections 2.04.260 through 2.04.320 remain unchanged]
2.04.330 Audience – Conduct during the Council MeetingDecorum and order.
Public members attending Council meetings shall observe the same rules of order and decorum applicable to the Council and staff. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council meeting shall be removed from the room if the sergeant-at-arms is so directed by the presiding officer, and such person may be barred from further audience before the Council. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the presiding officer, who shall direct the sergeant-at-arms to remove such offenders from the room.
Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer or a Councilmember. (Ord. 1486 § 2, 1973; prior code § 1.223).
2.04.340 Decorum and order – En forcement – Violation deemed misdemeanor.
A. The Chief of Police, or such member of the Police Department as he may designate, shall be sergeant-at-arms of the City Council, and he shall attend meetings at the request of the presiding officer, City Manager, or City Council. He shall be available to respond to all meetings immediately upon call. He shall carry out all orders given by the presiding officer or Council for the purpose of maintaining order and decorum at the Council meetings. Any Councilmember may move to require the presiding officer to enforce the rules, and the affirmative vote of a majority of the Councilmembers present shall require him to do so.A. Prohibition on Disorderly Behavior. Any person who engages in disorderly behavior that actually disrupts, disturbs or otherwise impedes the orderly
conduct of any City Council meeting shall, upon an order by the presiding officer or a majority of the Council, be barred from further audience before the City Council during that meeting, pursuant to the provisions of section (C), below.
B. Disorderly Behavior Defined. Disorderly behavior under subdivision (A) may include, but is not limited to, the following:
1. Speaking without being recognized by the presiding officer.
2. Continuing to speak after the a llotted time has expired or has been paused.
3. Speaking on an item at a time not desig nated for discussion by the public of that item. 4 . T h r o w i n g o b j e c t s .
5. Speaking on an issue that is not within the jurisdiction of the Council.
6. Attempting to engage the audience rather than the Council.
7. Addressing staff members directly rath er than the Council as a whole during the public comment period.
8. Refusing to modify conduct after being ad vised by the presiding officer that the conduct is disrupting the meeting, or disobeying any other lawful order of the presiding officer or a majority of the Council.
9. Engaging in behavior that constitute s a use of force or a true threat of force.
CB. Enforcement. The rules of conduct while addressing the Council set forth above shall be enforced in the following manner:
1. Call to order and warning to desist. Whenever practicable, the presiding officer or a majority of the Council shall give a warning to the person who is breaching the rules of conduct to be orderly and to comply with the rules of conduct hereunder. Such a warning shall articulate the rule of conduct being violated and the manner in which the person must comply.
A warning shall not be necessary when it would not be effective under the circumstances, including when, but not limited to, the disturbance is such that the warning cannot be heard above the noise, or the conduct of the person or persons constitutes an immediate threat to public safety, such as the throwing of objects or specific threats of harm and the apparent,
present ability to carry out such threats. A warning shall also not be necessary when an individual violates the rules of conduct more than once during a Council meeting.
2. Order barring person from meeting. A person who engages in disorderly behavior shall be barred from the remainder of that City Council meeting by the presiding officer or a majority of the Council when that person: (i) continues the disorderly behavior after receiving a warning pursuant to subdivision (C)(1); (ii) ceases the disorderly behavior upon receiving a warning pursuant to subdivision (C)(1), but later in the same Council meeting resumes such disorderly behavior; or (iii) engages in disorderly behavior and no warning is practicable under the circumstances, pursuant to subdivision (C)(1).
The continuation of disorderly behavior after receiving a warning, repeated disorderly behavior during a City Council meeting, or disorderly behavior that is so significant that a warning cannot be given, constitutes the type of behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of a City Council meeting.
1. Removal. If the person barred from the meeting does not voluntarily remove him/herself upon being instructed to do so by the presiding officer or a majority of the Council, the presiding officer or the majority of the Council may direct the Chief of Police or person designated by Chief of Police to remove that person from the Council chambers.Rules adopted to expedite the transaction of the business of the Council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law.
3. (D) The following conduct is unlawful and shall be punishable as a misdemeanor:
1. Continuing to engage in disorderly conduc t, which disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting, after receiving a warning pursuant to subdivision (C)(1) of this section.
2. Refusing to leave a City Council meeting after being directed to do so pursuant to subdivision (C)(2) of this section.
3. Returning to a City Council meeting afte r being barred, removed or directed to leave such meeting pursuant to subdivisions (C)(2) and (C)(3) of this section.
C. Any member of the Council or other person usin g vulgar, profane, loud or boisterous language at any meeting or otherwise interrupting the proceedings of the Council, or who refuses to carry out orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting, or who interrupts proceedings, shall upon conviction be deemed guilty of a misdemeanor.
D. Upon instructions of the presiding officer, it shall be the duty of the sergeant-at-arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest.
E. For the purpose of this chapter, a criminal co mplaint shall be signed by the presiding officer. (Ord. 1486 § 2, 1973; prior code § 1.224).
[sections 2.04.350 to 2.04.590 remain unchanged]