CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 15, 2024
February 18, 2025
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings record at the City Council Meeting. Written comment will be posted to the City website within 48 hours of the meeting. The information is posted to the agenda page on the City website, under the City Clerk department.
4. Presentations to City Council:
Any information presented to the City Council for its consideration in formats such as PowerPoint, Video, or other audio/visual media must be submitted to the City Clerk's Office no later than the Wednesday immediately prior to the City Council meeting in order to have the presentation facilitated for City Council viewing and broadcast. If presentations are submitted after that deadline, it will not be possible for them to be played or displayed during the meeting, although ten (10) hard copies may be submitted to the City Clerk for distri bution to the City Council. Documents and presentations displayed during the City Council meeting shall become part of the public record and must be submitted to the City Clerk for retention. The City Clerk’s Office will post any materials received at a City Council Meeting to the City website within 48 hours of the meeting.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 15, 2024
February 18, 2025
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings
VII. AGENDA SEQUENCE AND ORDER OF BUSINESS
Generally, the agenda sequence and order of business of a regularly scheduled City Council meeting shall determined by the City Clerk’s Office.
During the City Council Meeting the Order of Business shall be followed, unless otherwise reordered by the Presiding Officer with the
consensus of the City Council during the City
Council Meeting.
A. Call to Order: The Presiding Officer officially calls the meeting to order.
B. Roll Call: Before the City Council shall proceed with the business of the Council, the City Clerk shall call the roll of the members and the names of those present shall be entered in the minutes. The later arrival of any absentee shall also be entered in the minutes.
C. Pledge of Allegiance: Each agenda of a regularly scheduled Council meeting shall provide an item for the recital of the "Pledge of Allegiance" to both the United States flag and the California flag.
D. Innvocation: The Presiding Officer may allow a “prayer” either religious or non-religious to be given at the beginning of the meeting. Leaders from the Community are allowed to invoke a prayer of support.
E. Public Comments: Speakers shall have the right to address the City Council on any matter within the elected body's jurisdiction, subject up to a 3-minute time limit or less, depending on the number of speakers. The City Council may listen to the speaker's comments, but cannot discuss or take action on communications not on the agenda.
Non-agenda public comment may be referred to the City Manager for administrative action or placement on a subsequent agenda.
F. Proclamations and Recognition: The agenda shall provide a time when proclamations and recognition directing attention to a person, organization or event may be presented. Proclamations will be issued subject to Section XIV, E - Proclamations.
G. Presentations: The Presentations section of the agenda is for the purpose of allowing a brief (5 minutes each) opportunity at the beginning of a Council meeting for City Council to receive information from outside agencies or City staff. It is not meant for a topic that would require lengthy deliberation, debate, or action. Items may be
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 15, 2024
February 18, 2025
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings placed on the Presentation section of the agenda at the request of the City Council or City staff with the City Manager's concurrence. Approval to place a presentation on the agenda that has been requested by a community member must be obtained through the City Manager's Office.
H. Regional Boards and Committee Reports: Per Government Code Section 53232.3(d) also known as AB1234: Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of legislative body. Councilmembers are limited to five-minutes.
I. Interviews and Appointments: The agenda shall provide a time for the Mayor/City Council to interview and/or appoint members of the City Council or the public to City and/or external boards, commissions and committees.
J. Consent Calendar: Items of a routine or generally uncontested nature may be approved by the City Council in a single motion by adoption of the Consent Calendar.
The approval of the Consent Calendar shall signify the approval of each matter or recommendation
included therein: Upon request of any Councilmember, staff, or public made through the Presiding Officer, an item may be removed from the Consent Calendar for separate discussion and/or action. Each item proposed for consideration as part of the Consent Calendar shall be described on the agenda posted for the meeting.
K. Continued Public Hearings: These are items already noticed and heard a previous meeting, generally the one that occurred most recently. Items under this title usually don’t require more reporting out from staff, they are ministerial at this point and require the second reading and adoption.
L. Public Hearings: This portion of the meeting allows for a noticed public session to receive original evidence or testimony on applications regulated by this title.
Scheduled public hearings shall be commenced at 6:00 p.m. or as soon thereafter as possible. (Reference Section XI, Public Hearings)
M. Staff Reports: This portion of the meeti ng provides the City Manager and staff the opportunity to present items for City Council consideration give general comments, updates, and announcements.
N. City Manager’s Report: Provides an opportunity for the City Manager to give comments, and general announcements regarding City affairs.
O. Elected Officials Report: This portion of the meeting provides the City Council the
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 15, 2024
February 18, 2025
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings opportunity to give general comments, announcements, or informational reports on any item not on the agenda. These matters may not be discussed or deliberated.
P. City Attorney Report: At an Open Session following a Closed Session, the City Attorney must report on final action taken in Closed Session under specified circumstances. If no action was taken, that is also mentioned for recordation into the minutes.
Q. Adjournment: It is the policy of the City Council that that all evening meetings of the City Council, including special meetings and workshops, be adjourned no later than 10:30 p.m., which time is referred to as the normal time of adjournment.
VIII. AGENDA PROCESS
In order for both the City Council and City staff to be adequately prepared to discuss City business during City Council meetings, items for discussion shall be placed on the agenda in accordance with established C i t y Council agenda deadlines and in compliance with the Brown Act. Generally, items not on the agenda cannot be discussed or considered during a City Council meeting. This section of the policy discusses how to
place items ont o the agenda, agenda
setting, preparation and distribution.
A. Preparation, Distribution and Posting
1. Agenda Items: In conjunction with City staff, the City Manager and City Clerk shall have the primary responsibility for preparing the City Council agenda and placing matters on the agenda in accordance with identified City needs and scheduling.
a. In the event an item is brought to t he attention of the City Manager that requires immediate City Council attention after the agenda setting meeting and before the agenda is distributed, th e City Manager will determine the need for the item to be added to the agenda.
2. Agenda Review Meeting: Prior to release and posting of a final City Council agenda, an agenda review meeting shall be held by the City Manager with the City Attorney and the Mayor, or another me mber of the City Council designated by the Mayor, to serve in their absence. The proposed agenda shall be reviewed at this meeting.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 15, 2024
February 18, 2025
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings
3. Agenda Preparation: Not later than the T hursday prior to the City Council meeting, the City Manager Clerk is responsible for preparing the agenda packet, which shall include the agenda plus all its corresponding duplicated agenda items.
No item shall be considered if not included in the packet, except that a correction or supplement to an item already included in the packet may be considered in accordance with the Ralph M. Brown Act.
4. Agenda Distribution and Posting: Not later than the Thursday prior to the City Council meeting, the City Clerk is responsible for distributing the agenda packet to each member of the City Council. The City Clerk’s Office is responsible for postingStaff shall post each agenda packet at least 72-hours in advance of the meeting and shall post each agenda of a special meeting at least 24- hours in advance of the meeting on the official bulletin boards at City Hall, Library, Police Department, and on the City's website.
5. Non-Agenda Items Requiring Immediate Action: Matters requiring City Council action must be placed onto a Council Agenda in a timely manner in order for Council to consider the matter. In accordance with the Ralph M. Brown Act, off-agenda items requiring City Council approval will not be considered by the City Council except under the following two circumstances:
a. An emergency situation exists, as defined in the Government Code; or,
b. The City Council determines by a two-th irds (2/3) vote, or by a unanimous vote if less than two-thirds of the Council is present, that:
• There is a need for immediate action, and
• The need to take action on the item arose after the posting of the agenda.
If the City Council finds that the need to take action arose subsequent to the agenda
posting, pursuant to the criteria above, it shall make those findings by separate motion, including the fa ctual reasons supporting the findings.
The findings shall be reflected in the City Council minutes.
IX. VOTING
A. Obtaining the Floor: Any Councilmember wishing to speak must first obtain the floor by being recognized by the Presiding Officer. The Presiding Officer must recognize any Councilmember who seeks the floor when appropriately entitled to do so.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 15, 2024
February 18, 2025
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings
B. Voting Procedure: Any vote of the City Council, including a roll call vote, may be registered by the members by answering "Y es" or “Aye” for an affirmative vote, "Abstain" for an abstention, or "No" or “Nay” for a negative vote upon the member's name being called by the City Clerk; or an electronic vote may be registered by pressing the Councilmember button for an affirmative vote, an abstention, or a negative vote, upon a vote being called for by the Presiding Officer.
Following the vote, the City Clerk shall audibly announce the results of the vote by name indicating whether the item carried or was defeated. The same shall be recorded in the minutes as the vote. The Presiding Officer in his or her discretion may publicly explain the effect of a vote for the audience, or may direct a member of the staff to do so before proceeding to the next item of business.
C. Disqualification for Conflict of Interest: Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state, the nature of such disqualification in open meeting.
Where no clearly disqualifyi ng conflict of interest appears, the matter of disqualification may, at the request of the Councilmember affected, be decided by the other Councilmembers. A Councilmember who is disqualified by reason of a conflict of interest in any matter shall not remain in his or her seat during the debate and vote on such matter, but shall request and be given the permission by the Presiding Officer to step down from the Council dais. A Councilmember stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of
determining the outcome of any vote on such matter.
D. Failure to Vote: Every Councilmember should vote unless disqualified by reason of a conflict. The vote of a Councilmember who ab stains absent a disqualifying conflict of interest shall be counted with the majority vote of the quorum on the question voted upon.
E. Tie Vote: Any proposed measure that receives a tie vote from the members of the City Council shall be considered lost and may be reconsidered.
F. Changing Vote: A Councilmember may change his or her vote only if the Councilmember makes a timely request to do so immedi ately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up.
G. Reconsideration: A motion to reconsider the vote on any action taken by the City Council at either this meeting or a pr evious meeting may be made only by one of
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 15, 2024
February 18, 2025
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings the Councilmembers who voted with the prevailing side.
H. Point of Order: An interruption of a meeting to question whether rules or bylaws are being broken, such as the speaker has strayed from the motion currently under consideration.
I. Continuance of Discussion or Hearings: Any item being discussed or any public hearing at a City Council meeting may, by order, notice, or motion, be continued or tabled to any subsequent meeting.
J. Rosenberg's Rules of Order: Rosenberg's Rules of Order have been adopted by the City Council and shall apply in all cases.
K. Disclosure of Ex Parte Contacts: An "ex parte" contact or communication occurs when, prior to considering a matter on a public meeting agenda, a member or members of the City Council receives information, oral, written, or otherwise, pertaining to that matter outside the public meeting. (Reference City Council Policy No. 116- Procedure for Disclosure of Ex Parte Contacts)
L. Levine Act and SB 1439: Effective 1, 2023 Local Officials subject to SB 1439 are no longer allowed to participate in the approval of a proceeding involving a license, permit, or other entitlements for use. That may include the following if presented to the City Council, if a campaign contribution has been received from the applicant or their agents:
1. Applied for by the party;
2. Formally or informally requested by the party’;
3. A contract between the Agency and the party or a franchise granted by the agency to the party, other than a contract that is competitively bid, a labor contract, or a personal employment contract. (G.C. 84308.2)
City Councilmembers are required to disclose on record any contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding twelve (12) months to any Candidate Controlled Committees. The prohibition applies to any 12 months while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.
X.
MOTIONS
Motions are the vehicles for decision making by a body. It is normally best to have a motion before the body prior to commencing discussion of an agenda item. There are three motions that are the most common and recur often at meetings:
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 15, 2024
February 18, 2025
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings
1. The basic motion. The basic motion is the one that puts forward a decision for the body's consideration.
2. The motion to amend. If a Councilmember wants to change a basic motion that is before the body, they would move to amend it.
3. The substitute motion. If a Councilmember wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion.
Motions may be made by any member of the City Council, including the Chair. Any member of the City Council may second a motion. (Reference Rosenberg's Rules of Order for a more detailed discussion on motions in general and sample motions.)
A. Procedure for Motions: The following is the general procedure for making motions:
1. The item is presented by staff or others followed by questions and discussion by Councilmembers.
2. A Councilmember who wishes to make a motion shall first obtain the floor.
3. A Councilmember who wishes to second a motion shall do so through a request to the Chair.
4. Before a motion can be discussed, it shall be seconded.
5. Once a motion has been properly made and seconded, the Chair shall open the matter for further discussion offering the first opportunity to the moving party and, thereafter, to any Councilmember pr operly recognized by the Presiding Officer.
6. Once the matter has been fully debated and the Presiding Officer calls for a vote, no
further debate will be allowed, provided, however, any Councilmember may be allowed to explain his or her vote prior to the vote being cast.
B. Amendments to Motions: As previously discussed, when a motion is on the floor and an amendment is offered, the amendment shal l be acted upon prior to acting on the main motion. No motion of a subject other than the agenda item under consideration shall be admitted as an amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. Action shall be taken on the amended amendment prior to any
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 15, 2024
February 18, 2025
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings other action to further amend the original motion.
XI. PUBLIC HEARINGS
A. Except as provided otherwise by law, public hearings shall generally be conducted as follows:
1. Scheduled public hearings shall commence at 6:00 p.m. or as soon thereafter as possible.
2. Speakers are encouraged to complete a Speaker Request Slip; however, a Speaker Slip is not required in order to speak.
3. At the beginning of each public hearing item, the Presiding Officer shall announce the item for the public hearing, request that staff present the staff report and any other relevant evidence, and open the publ ic hearing. The presentation of the staff report prior to the formal opening of the public hearing shall not prevent its consideration as evidence. Any such evidence shall be made a part of the record of the public hearing.
4. Following the staff report and opening of the public hearing, the Presiding Officer shall thereupon call upon the proponent (if other than staff) to present his or her presentation. Thereafter, the Presiding Officer shall inquire as to whether there are
any persons present who desire to address the City Council on the matter. Any person desiring to speak or present evidence shall then make their presence known to the Presiding Officer and, upon being recognized by the Presiding Officer, may speak or present evidence relevant to the subject matter being heard.
5. The applicant/appellant, and/or their repres entative shall speak first and shall have a sufficient amount of time to do so, any portion of which may be reserved and used for rebuttal.
6. Each member of the public wishing to address the City Council, other than the applicant/appellant, shall then be allowed to address the City Council and shall have three (3) minutes to speak. Prior to declaring the public hearing open, however, when necessary because of the number of possible speakers, the Presiding Officer may establish a time limit for the entire public hearing, or establish time limits for the presentation of each individual speaker. All persons interested in the matter being heard by the City Council shall be entitled to submit written evidence or remarks,
as well as other graphic evidence. All such evidence presented shall be retained by the City Clerk as part of the record.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 15, 2024
February 18, 2025
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings
7. Councilmembers who wish to ask questions of the speakers, staff or each other, during the public hearing portion, may do so only after being recognized by the Presiding Officer in the manner set out in this policy.
8. Councilmembers should be mindful that the purpose of the public hearing is to obtain testimony, and not to debate the me rits of the item under consideration.
Councilmembers should avoid debate and expressions of personal opinion until after the close of the public hearing.
9. Following the conclusion of such questions, the Presiding Officer shall allow the applicant/appellant the opportunity for rebuttal.
10. Following the rebuttal, the Presiding O fficer shall close the public hearing and then allow each Councilmember to state his or her opinion on the item before asking for a motion to decide the matter.
11. Upon closing the public hearing by the Pr esiding Officer, no additional public testimony shall be solicited or received by the City Council without reopening the public hearing through the Presiding Officer with consensus of the City Council.
12. The Presiding Officer at all times shall conduct the public hearing in such a manner as to afford due process to all affected persons.
XII. MEETING DECORUM & CONDUCT
Meetings of the City Counc il shall be conducted in an open and orderly manner and in an environment safe for all persons in attendance to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is retained at all times. The Presiding Officer shall be responsible for ma intaining the order and decorum of meetings.
This policy is not intended to deprive any person of his or her right to freedom of expression, but only to maintain, to the extent possible and reasonable, a safe and conducive place to conduct public business.
A. Conduct:
1. Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of obscene, lewd, loud, threatening, repeatedly irrelevant or
repetitious, or abusive language, including clapping, whistling, yelling, stamping of the feet, or other acts which disturb, disrupt, impede, or otherwise render the orderly conduct of the City Council meeting infeasible. A member of the audience
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 15, 2024
February 18, 2025
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings engaging in any such conduct may, after warning by the Presiding Officer, at the discretion of the Presiding Officer or a majority of the City Council, be subject to removal from the meeting.
2. Persons in the audience will refrain from creating, provoking, or participating in any type of disturbance involving unwelcome physical contact.
3. Noise emanating from the lobby outside the Council Chambers which is audible within the Chambers shall not be permitted. The Sergeant-at-Arms is authorized to enforce this rule by requesting those in the lobby to remain silent or to leave the area.
B. Authorized & Designated Areas:
1. No person shall stand or sit in the aisles. No person shall block any doorways or exits.
2. No person except City officials shall be permitted within the platform area in front of the City Council dais without the prior consent of the Presiding Officer or City Manager.
C. Signs, Objects, or Symbolic Material:
1. Placards, signs, and posters may be brought into the Council Chambers unless such objects disturb, disrupt, impede or otherwise render the orderly conduct of the Council meeting infeasible, or bloc k the view of any other person in attendance, in which case such placard, si gn, or poster shall, at the discretion of the Presiding Officer or a ma jority of the Council, be moved to a different location or removed from the Chamber.
2. Packages, bundles, suitcases, or other large or potentially dangerous objects shall not, without the prior authorization of the Presiding Officer or City Manager, be brought into the City Council Chamber and are subject to search to determine that they do not pose a threat or as otherwise requested by the Sergeant-at- Arms.
D. Service Animals: Except as otherwise allowed by the City Council, no animals except for service animals shall be brought into the Council Chambers.
E. Photography/Videography: Photographs, audiotapes, and videotapes may be taken from the rear of the Council Chambers or from any seat within the Chambers, as long
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 15, 2024
February 18, 2025
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings as such activity does not disrupt or di sturb the audience, public speakers, Councilmembers or others on the dais, and interfere with the orderly conduct of the meeting. When a filming area has been designated by the Fire Marshal or Sergeant- at-Arms, filming shall occur in that area only. The Fire Marshal or Sergeant-at-Arms may designate an area for
credentialed media only.
F. Cellular & Electronic Devices: Persons in the audience will refrain from using cellular phones and/or pagers while the City Council meeting is in session.
XIII. ENFORCEMENT
A. Sergeant-at-Arms: The Chief of Police or designee shall be the ex-officio Sergeant-at- Arms of the City Council. The Sergeant-of-Arms shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Any Councilmember may move to require the Presiding Officer to enforce the rules upon affirmative vote of a majority of the Council.
B. Violations: Upon a violation of the Rules of Procedure and Order established herein, the procedure to enforce the rules are as follows:
1. Warning: The Presiding Officer shall first request that a person who is violating the rules cease such conduct. If, after receiving a request from the Presiding Officer, the person persists in violating the rules, the Presiding Officer shall order a recess.
The
Sergeant-at-Arms is authorized to wa rn the person that their conduct is violating the rules and that they are requested to cease such conduct. If upon resumption of the meeting the violation persists, the Presiding Officer may order another recess whereupon the Sergeant-at-Arms shall have the authority to order the person removed from the meeting and/or citied in violation of Penal Code Section 403.
2. Motion to Enforce: Any Councilmember may call a Point of Order should the City Council fail to abide by the provisions of this policy, whereupon the City Council shall
immediately act upon the Point of Order by roll call vote. If the Presiding Officer fails to enforce the Rules of Procedure and Order set forth herein, any member of the City Council may move to require the Presiding Officer to do so, and an affirmative vote of a majority of the City Council shall require the Presiding Officer to do so. If the Presiding Officer fails to carry out the will of the majority of the City Council, the majority may designate another member of the
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 15, 2024
February 18, 2025
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings City Council to act as Presiding Officer for the remainder of the meeting, for the limited purpose of enforcing the rules established herein.
3. Clearing the Room: Pursuant to Government Code section 54957.9, in the event that any meeting is willfully interrupted by a group of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of the individuals who are willfully interrupting the meeting, the Presiding Officer may order the room cleared and the meeting shall continue in session.
Only matters appearing on the agenda may be considered in such a session.
Credentialed representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to Section 54957.9.
4. Violation of California State Law: A person or persons who willfully and intentionally impair or impede the conduct of a City Council meeting by violating these Rules of Procedure and Order may be prosecuted under California Penal Code section 403, California Elections Code section 18340, or any other applicable State law for disturbing a public meeting.
XIV.
PROCEDURAL MATTERS
A. City Council Seating Arrangement: The seating arrangement of Councilmembers on the dais is at the prerogative of the Mayor. ꞏ
B. Signing of Meeting Documents: The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating official signature which were adopted in their presence, unless unavailable, in which case the signature of the Vice-Mayor may be used.
C. Proclamations: It is the policy of the City Council to issue proclamations for certain individuals, organizations, events, or causes, when such a proclamation positively impacts the community and conveys an affirmative message to residents.
1. Discretion should be used in determining whether or not to issue a proclamation.
Proclamations that are political in nature, are controversial, or that likely would not enjoy a high level of community interest and support, are discouraged.
2. It is the policy of the City Council to process requests for proclamations in the following manner:
a. Requests for proclamations will be made by any Council Member’s Office;
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 15, 2024
February 18, 2025
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings
b. The Mayor and Councilmember filing the request will confer on the language used in the proclamation, the Mayor will then direct his or her staff member to prepare the proclamation and the proclamation will be issued with all of the Council Member signatures.
c. Upon receipt of the draft proclamation language, the Mayor filing the request will direct the City Manager to place the item on a meeting agenda depending on the nature and time-sensitive nature of the request.
d. Mayor and City Councilmembers will sign all Proclamations that are to be agendized. The Mayor’s Office will have an electronic signature file or signature stamp of each Councilmember on record to be used in the event that a City Councilmember is unable or unavailable to sign the Proclamation
XV. SOCIAL MEDIA
With the ever-growing use of social media, the City Council and City staff should be aware that comments, statements, opinions, etc. are still subject to the same restrictions identified in the California Government Code, including but not limited to (the Brown Act and the Public Records Act). While the City of National City strives to maintain community involvement and transparency in its government functions, certain State and local laws must be considered and kept in mind while using social media platforms. Social m edia platforms such as Fac ebook, Twitter, and ꞏ others can be viewed by other people including other Councilmembers.
Councilmembers are encouraged to check the in formation they provide for accuracy.
Multiple Councilmembers cannot comment on the sa me conversation, as that can create a "serial meeting" of the City Council and is a direct violation of the Brown Act. If Councilmembers communicate on social media about "City business", as defined in City Administrative Policy No. 02.06, any such communication may be released to the public upon request.
Councilmembers should refrain from stating personal opinions on matters being brought before the City Council including, but not limited to: personal opinions on topics, declarations on how an official intends to vote for an item, debating with citizens on items, or presentation of the
Councilmember's argument in support or opposition of an item, as those could be considered violations of the Brown Act, which can result in criminal and civil liabilities for the official.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 15, 2024
February 18, 2025
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings Councilmembers should always maintain professionalism and common courtesy in posts and comments when commenting in their official capacity and should remain neutral in postings to prevent the interpretation that a decision has already been made outside of an open meeting, in violation of the Brown Act. Coun cilmembers should also be aware that there is inherent personal civil liability risk on all comm ents they make outside of official meetings.
For example, if a Councilmember "blocks" a social media user, or deletes a comment from a social media user, the Councilmember risks violating t he social media user's First Amendment rights.
Councilmembers should not use their official positions to make negative posts, voice personal opinions, etc. against any individual, business, ent ity, etc., as that could create negative feedback for the official and City and could potent ially subject the offici al to personal civil liability for slander, defamation of character, or other civil remedies that could be determined by a court. Councilmembers should also refrain from using aliases or having fake profiles on social networking sites.
City Councilmembers and staff shall not use any official City media site, including but not limited to the City's Facebook page, the City's Twitter accounts, or to any other City media outlet for
personal reasons or personal gain.
IV. POLICY INTERPRETATION & APPLICABILITY
The Policy and Rules of Procedure and Order set forth herein shall be liberally construed to effectuate their purpose and no ordinance, resolution, proceeding or other action of the City Council shall be invalidated, nor the legality ther eof otherwise affected, by the failure or omission of the City Council to technically comply with, obser ve, or otherwise follow such rules. Any provision of these rules not already governed by City ordinance or State law may be suspended by a majority vote of the City Council.
The rules set forth herein shall apply to all meetings of the City Council subject to the Brown Act and shall apply to the Council Chamber or any other location where a meeting subject to these rules takes place. In the event of any inconsistency between these rules and State law or regulation, State law or regulation shall apply.
IV. DEFINITIONS
Abstain To publicly refrain from voting usually because of a conflict interest.
Adjourn A privileged motion to officially close a meeting. A second is
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 15, 2024
February 18, 2025
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings required and a majority vote is required to adopt it.
Call to Order An announcement by the Presiding Officer to convene a meeting.
Consent Calendar The routine parts of the agenda which are approved without discussion or dissent.
Decorum To conduct oneself in a proper manner.
Dire Emergency When a majority of the legislative body determines that a dire emergency exists, it may call an emergency meeting (Government Code Section 54956.5(a)(2)). A dire emergency, is defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body.
Emergency Meeting When a majority of the legisl ative body determines that an emergency situation exists, it may call an emergency meeting (Government Code Section 54956.5). An emergency is defined as work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body.
Legislative Body City Councilmembers are legislators. Together, the members of the City Council constitute a
legislative body that is given
authority by the State constitution and State law to make local law.
Meeting
Includes any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, r deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.(Government Code § 54952.2(a).)
Minutes The official record of what is done at a meeting.
Motion The vehicles for decision-making by a body used with a vote to
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 15, 2024
February 18, 2025
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings indicate approval, denial, adoption, or direction.
Ordinance A City law that generally r equires two separate meetings and typically becomes effective thirty days after adoption.
Parliamentarian One who advises the Officers, Committees, and Council Members on matters regarding parliamentary procedure.
Policy The opinions, philosophy, or pr actices that are adopted by an organization.
Public Hearing Items that are publicly noticed for a specific City Council meeting date, as generally required by law, and are designed to receive separate public input on a specific matter.
Point of Order An interruption of a meeting to question whether rules or bylaws are being broken .
Presiding Officer
The officer conducting the meeting; Chair or Chairman.
Public Hearing
A noticed public session to receive original evidence or testimony on applications regul ated by this title. Scheduled public hearings shall be commenced at 6:00 p.m. or as soon thereafter as possible.
Quorum The minimum number of members who must be present at a meeting to transact business legally.
Ralph M. Brown Act The Ralph M. Brown Act, commonly known as the "Brown Act," governs meetings conducted by local legislative bodies, such as Boards of Supervisors, City Councils and School Boards. The Act represents the Legislature's determination of how the balance should be struck between public access to meetings of
multi-member public bodies on the one hand and the need for confidential candor, debate, and information-gathering on the other. The purpose of the Brown Act is to facilitate public participation in local government decisions and to curb misuse of the democratic process by secret legislation by public bodies.
Recess A period of time longer than twenty (20 ) days without a regular or special meeting of the Council.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 15, 2024
February 18, 2025
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings
Resolution A legislative or other type of action providing for the disposition of a particular item of business. Resolutions take effect upon passage by a majority vote of the City Council unless other law imposes a later effective date.
Rosenberg's Rules of Order Written rules of parliamentary procedure which govern a meeting.
Sergeant-at-Arms The Chief of Police or his or her designee shall be the ex-officio Sergeant-at-Arms of the City Council.
Special Meeting In contrast with a regular meeting, a meeting called for a particular purpose that is stated when the meeting is called.
SECTION XVIII. RELATED POLICY REFERENCES
Related Policy References
• National City Municipal Code, Chapter 2.04
• National City Municipal Code, Title 16
• Ralph M. Brown Act
• Rosenberg's Rules of Order
• City Council Policy No. 102 - City Council Meeting Times • City Council Policy No. 103 - Special Council Meetings • City Council Policy No. 105 - Off Agenda Items and Placing Non-Agenda Items on the Agenda • City Council Policy No. 106 - Preparat ion of City Council Meeting Minutes • City Council Policy No. 113 - Unauthorized Disclosure of Information Revealed in Closed Sessions
• City Council Policy No. 116 - Procedure for Disclosure of Ex Parte Contacts • Administrative Policy No. 02.06- Public Records Act Affecting Personal Electronic Devices & Accounts of City Users
Prior Policy Amendments
June 11, 2013 (Revised – removed Robert’s Rules of Order and replaced with Rosenberg’s Rules of Order) Per meeting minutes
October 8, 2013 (Resolution No. 2013-147)
April 2, 2019 (Resolution No. 2019-37)
August 18, 2020 (Resolution No. 2020-152)
October 15, 2024 (Resolution No. 2024-117
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA , AMENDING CITY COUNCIL POLICY NO. 10 4, RULES OF PROCEDURE AND ORDER FOR
CITY COUNCIL MEETINGS
WHEREAS, The City of National City (“City”) City Council Policy No. 101 requires changes to be made to the City Council Policy Manual when substantial; and WHEREAS, Staff has reviewed City Council Policy No. 104, Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending City Council Policy No. 104, Rules of Procedure and Order for City Council Meetings, ” and has proposed certain changes to Section VI, Public Mee ting Communications, Section VIII, Agenda Process, and Section XIV Procedural Matters; and
WHEREAS, After considering the proposed changes, including eliminating the option for Public Zoom Comments and updating other sections to reflect current technology, staff roles and best practices.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Authorizes updates, as set forth in Exhibit A to the Agenda Report, to the following City Council Policy:
Policy No. 104 – Rules of Procedure and Order for City Council Meetings; and Section 2: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 18th day of February, 2025.
__________________________
Ron Morrison, Mayor
ATTEST:
_________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM
_________________________
Barry J. Schultz, City Attorney
CITY COUNCIL ITEM REQUEST
The City Council Item Request Form is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council Meeting Agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future City Council Meeting Agenda for action.
Requesting Member of City Council: Council Member Rodriguez Today’s Date: Tuesday, February 11th 2025
Is this matter considered Time-Sensitive by another entity deadline? Yes
WRITTEN REQUEST
I, Council Member Rodriguez hereby request that the following item be placed on the National City Council meeting agenda for consideration on Tuesday, February 18th 2025.
A discussion on a creation of a legal defense fund in support of undocumented individuals from National City who have been detained and have legal rights for defense.
CITY COUNCIL ITEM REQUEST
The City Council Item Request Form is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council Meeting Agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future City Council Meeting Agenda for action.
Marcus Bush
Requesting Member of City Council: _____________________________________________________ February 11, 2025
Today’s Date: _______________________________________________________________________ Is this matter considered Time-Sensitive by another entity deadline? ____________________________
WRITTEN REQUEST
Marcus BushI, _______________________________, hereby request that the following item be placed on the City of National City – City Council meeting agenda for consideration. ____________________________________________________________________________________ Updating cannabis ordinance to change opening and closing times to match the state. ____________________________________________________________________________________ This request was made by Sessions by the Bay who is opening in March and has less opening hours ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ than nearby cannabis businesses nearby in Chula Vista.
No