POLICY AND PROCEDURE
Subject:
City Council Meeting and Operating Procedures (Parliamentary Procedures, Due Process, Mayor/Mayor Pro Tempore, Council Correspondence, Meetings, Agendas, and Minutes) Index: City Council
Number:
1201-11
Effective Date:
June 2, 2026 (supersedes May 5, 2026)
Prepared City Clerk
By:
Supersedes:
Policy and Procedures 1201- 1 (Mayor and Mayor Pro Tempore); 1201-2 (Meetings of the City Council); 1201-3 (Order of Business and Preparation of Minutes); 1201-4 (Council
Approved By:
City Council
Correspondence and Agenda); 1201-5 (Rules of Debate, Decorum, Voting Requirements & Procedures); 1202-2 Management/
Streamlining of City Council Meetings); and 1201-11 (City Council Meeting and Operating Procedures) PURPOSE:
To establish policies for City Council meetings and operations, including parliamentary procedures, due process, election/roles of Mayor and Mayor Pro Tem, agendas, and the preparation of minutes.
ORGANIZAT/ONS AFFECTED:
City Council
City Commissions and Committees*
*Note: Except as otherwise noted throughout this Policy, this Policy shall a/so apply to the City's Commissions and Committees. In applying this Policy to City Commissions and Committees, the term "Council" shall be interpreted to mean the name of the City Commission or Committee, the term "Mayor" shall be interpreted to mean "Chairperson", the term "Mayor Pro Tempore shall be interpreted to mean "Vice Chair': the term "Manager" shall be interpreted to mean "Director", and the term "City Clerk" shall be interpreted to mean the staff member responsible for providing support to the Commission/Committee.
REFERENCES:
The Ralph M. Brown Act, GC Section 54950, et seq.
POLICY:
Parliamentary Procedures and Due Process
The proceedings of the City Council shall be guided under the latest revised edition of "Rosenberg's Rules of Order," on all matters pertaining to parliamentary procedure, but no ordinance, resolution, proceeding or other action of the City Council shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow such rules. In the event of a discrepancy between Rosenberg's Rules of Order and this Policy and Procedure, this Policy and Procedure shall prevail.
The Mayor, with assistance from the City Attorney, is designated as the parliamentarian for City Council meetings. The City Clerk shall assist in the City Attorney's absence. Any member of the City Council or the public (pursuant to process below) may raise a point of order and/or seek the City Attorney's input on parliamentary issues, which shall then be considered by the Mayor. The City Council may override any parliamentary decision of the Mayor with a majority vote. The Mayor may interpret and apply but not amend these policies.
Points of order may be raised at any time by City Councilmembers.
Points of order may be raised by members of the public in connection with their opportunity to speak on agenda items pursuant to Section 4.6.4. The Mayor (or chair) shall rule on the point of order and/or request clarification of the law from the City Attorney and then decide and rule. If the point of order is denied by the Mayor or chair, the person making the point of order may seek a vote of the entire Council or body, which decision shall be final.
Members of the public wishing to raise points of order after their opportunity to speak may submit those points of order in writing prior to the adjournment of the meeting. Items so submitted shall be presented for consideration by the City Council in connection with its approval of the minutes of that meeting pursuant to Section 4.6 hereof. At that time the Mayor and City Council will review and decide the point of order raised and determine whether it warrants scheduling and noticing of that item for reconsideration.
It shall be understood that a member of the City Council or prospective member of the City Council may, in the course of seeking elective office, be asked to state positions on general issues that may eventually come before the Council at a later date. This policy shall in no way impair that Councilmember's right to consider the issue and vote as he/she determines is appropriate.
Ex parte communications are communications received outside of Council meetings or hearings. When the Council acts in a legislative role (for example, to adopt general plan or zoning amendments or to adopt ordinances), Councilmembers are permitted to draw upon nearly all observations and considerations they receive inside and outside the Council meeting. On the other hand, when acting in a quasi-adjudicatory role (hearing permits, revocations, and similar non-legislative decisions), the Council, as fact-finder, should limit its consideration of facts to those presented at the hearing, where all sides have the opportunity to hear and rebut testimony given by all participants. To this end, Councilmembers should avoid receiving or gathering information that might otherwise influence its consideration of the written record and any other testimony it hears through the formal hearing process, or at least disclose their receipt of that information.
Role of Mayor
The Mayor is a member of the City Council with all rights and authority of a City Councilmember together with the duties and responsibilities specifically identified in this section.
The Mayor shall act as the primary spokesperson and official representative of the City Council, unless such responsibility is delegated by the Mayor, the Mayor is unwilling or unable to act, or the duties are otherwise assigned by a majority of the City Council. The Mayor Pro Tempore shall act as Mayor in the absence, or the inability or unwillingness of the Mayor or conduct the duties of the Mayor or as assigned by a majority of the City Council.
The Mayor shall preside at all regular, adjourned regular, special and emergency meetings of the City Council, including joint meetings with commissions and committees and closed sessions.
The Mayor shall execute all official City documents, warrants and correspondence approved by the City Council.
The Mayor is authorized to issue proclamations, commendations and certificates of recognition, which may be presented at Council meetings under Special Presentations. The total time allotted to Special Presentations should, if possible, be limited to 15 minutes per meeting.
The office of Mayor does not possess formal powers or authority in excess of other members of the City Council; rather, the person serving as Mayor is to be recognized as the Chair of the Council.
The Mayor is not a member of staff, should not provide independent direction to staff or maintain a regular office at City Hall in addition to the normal policies and procedures in place for all members of the City Council.
Appointment and Role of Mayor Pro Tempore
At the first Regular City Council meeting in December of each year, the Council shall appoint from its members a Mayor Pro Tempore. The Mayor Pro Tempore shall assume office immediately. The process for electing Mayor Pro Tempore shall be as follows:
The appointment of the Mayor Pro Tempore shall rotate in the following order beginning in the first regular meeting in December 2026 and each year thereafter:
December 2026 – District 3
December 2027 – District 4
December 2028 – District 1
December 2029 – District 2
Continuous sequence with each Mayor Pro Tempore serving for the period of one year. Under normal circumstances, each member of the City Council will serve as the Mayor Pro Tempore during a four-year term of office. Of note, under normal circumstances, a member of the City Council will not serve as the Mayor Pro Tempore during the first two years in office providing an opportunity to become familiar with specific issues facing the City.
The Mayor shall act as the primary spokesperson and official representative of the City Council, unless such responsibility is delegated by the Mayor, the Mayor is unwilling or unable to act, or otherwise assigned by a majority of the City Council. The Mayor Pro Tempore shall only act as Mayor in the absence, or the inability or unwillingness of the Mayor or conduct the duties of the Mayor or as assigned by a majority of the City Council.
If both the Mayor and Mayor Pro Tempore are absent from a City Council meeting, the Council members present shall select a Councilmember from the members present to perform the functions of Mayor at that particular meeting.
Election of Chair and Vice Chair for Commissions and Committees Commissions and Committees shall elect from its members a Chair and Vice Chair at its first regular meeting occurring after Council completes its annual appointment process for Commission and Committee members and those members assume office.
The election of the Chair is conducted by the City Clerk or staff. Once the Chair is elected, the Chair immediately presides and conducts the vote on Vice-Chair.
The method of nomination is an "open nomination" solely by and from within the membership of the presently-seated Commission or Committee. Nominations will not be accepted from members of the public. No "second" is required for nomination, although sometimes one or more members will "second" a nomination to indicate support. In no event may any one member nominate more persons than there are offices to fill in the respective selection.
When it appears there are no additional nominations, the Chair will ask one (1) final time if there are additional nominations. If there is a no response, the Chair will declare nominations closed. After nominations are closed, a majority vote is required to re-open the nomination process.
Nominees are voted on in the order they are nominated. As soon as one nominee receives a majority vote of the members present and voting, the Chair will announce the person elected to serve as Vice Chair and no vote will be taken on the remaining nominee(s). Voting shall continue as indicated, in succession, until one nominee is elected.
City Council Correspondence
The City Manager, or designee, is authorized to open and examine all mail or other written communications addressed to the City Council as a body, but shall not open correspondence addressed to an individual Councilmember without their express authorization.
The City Manager may take action, or direct that action be taken, on correspondence that does not require Council action. The City Manager shall inform Council when actions are taken on matters of significance or that are likely to be of interest to the City Council.
City Council Meetings
The date, time and location of Regular Meetings of the City Council shall be established by resolution. At 11:00 p.m. at each meeting, the City Council, by majority vote, will determine whether to continue the meeting or adjourn.
At all meetings of the City Council, a majority of the Council members shall constitute a quorum for the transaction of business. In the event less than a quorum of the City Council is present, the City Clerk shall adjourn the meeting (which may include adjourning to an Adjourned Regular Meeting), post a Notice of Adjournment, and prepare minutes that reflect that the meeting was adjourned due to lack of a quorum.
The City Clerk, or Mayor, shall announce an agenda item before discussion on that item commences.
Each person desiring to address the Council is requested to submit to the City Clerk a speaker form. After being called upon by the Mayor, the speaker may proceed to the podium. The speaker may state for the record his/her name and city of residence, but shall not be required to do so. Speaker cards will not be accepted after the agenda item has been called and discussion/presentations commence. Speakers in the City Council Chambers will be heard first, followed by speakers participating via hybrid meeting options.
Members of the public may speak for three (3) minutes and project applicants and appellants (including members of an applicant's or appellant's project presentation team, when applicable) may speak for a combined total of ten (10) minutes on agenda items. At Council's request where Council is acting in a fact-finding or hearing capacity, the Mayor may grant additional time (unless overruled by a majority of Councilmembers present) to speakers on agenda items.
Speakers will be called to the podium once Staff concludes its presentation of an item and before Council begins its deliberations. Speaker cards will not be accepted once deliberations have commenced.
Speakers on non-agenda items may speak for three (3) minutes during the oral communications - public forum portion of the meeting.
At the beginning of the Consent Calendar, the City Clerk will notify the Mayor or meeting Chair of any public comments related to the Consent Calendar. Speakers will be allotted 3 minutes to speak on the Consent Calendar in its entirety. After public comments, if any, are heard, the City Council will vote on the Consent Calendar as one agenda item.
The time that a speaker devotes to responding to Council inquiries shall not be deducted from their allotted speaker time.
Members of the public may not assign their speaker time to another person.
The purpose of addressing the City Council is to communicate formally with the City Council regarding matters that relate to City Council business or citizen concerns within the subject matter jurisdiction of the City Council. Persons addressing the City Council on an agenda item shall confine their remarks to the matter under consideration by the City Council. Speakers may be asked to clarify how their comments relate to the matter at hand. Speakers may address the entire Council or individual Councilmembers, and, if allowed by the Mayor or chair, City staff.
Once recognized, members of the public shall not be interrupted when speaking unless to be called to order by the Mayor to: (i) curtail extraordinary repetition, (ii) curtail speech that is irrelevant to the City Council's subject matter jurisdiction, (iii) explain how his or her speech relates to the City's subject matter jurisdiction, or (iv) address some other point of order. If a speaker is interrupted to be called to order, the speaker shall cease speaking until the question of order is determined, and if in order, he or she shall be permitted to proceed, with additional time allotted for the time taken to determine the question of order.
In order to avoid repetitious presentations, whenever any group of persons wishes to address the Council with the same message, it shall be proper for the Mayor to request that a spokesperson be chosen by the group to represent the group's position. Speakers shall not, however, be required to abide by such a request.
To expedite Council meetings, Councilmembers are encouraged to contact Staff prior to Council meetings to obtain answers to questions and to obtain clarifications as needed.
Staff shall compose Administrative Reports in a clear and concise manner. Staff shall strive to write reports in a manner that can be easily understood by persons that do not have training in the report's subject matter.
Staff presentations at Council meetings are to be condensed to the briefest extent possible, while still providing a basic overview of the issue under consideration. Staff is encouraged to refrain from reiterating issues previously addressed in the Administrative Report. However, Staff engaged in such communications shall not use these opportunities to communicate with the members of the City Council the comments or position of any other member of the City Council on City Council business.
Disruptions Prohibited
Members of the public shall not engage in conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of the City Council meeting. Any person who so disrupts the meeting is subject to removal from the meeting.
4.7.2 All remarks and questions by a speaker shall be addressed to the City Council and not to City staff.
4.7.3 Each person who addresses the City Council shall not use loud, shouting, threatening, impertinent, slanderous, or other disruptive language to any member of the City Council, staff, or the general public. The Mayor may, at the Mayor’s option, state to the person who has used such language that such language is unwanted, unwelcome, inappropriate, and interferes with the ability of those present to listen and understand and for the City Council to orderly conduct the meeting. The speaker’s time will be held during the Mayor’s statement and the speaker will receive their full allotment of time, unless the speaker is sanctioned in a manner that results in the speaker not receiving their full allotment of time.
4.7.4 No person shall disrupt, disturb, or otherwise impede the orderly conduct of the City Council meeting. Any language or conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of the City Council meeting is prohibited, and the Mayor may impose sanctions for a violation.
4.7.5 Nothing herein shall preclude a member of the public from commenting on, questioning, or criticizing the policies, procedures, programs, or services of the City, the acts or omissions of the City Council, or the positions, statements, votes, actions, or omissions of members of the City Council.
4.7.6 The Mayor may rule that a speaker is impeding the orderly conduct of the meeting if the comment is “off topic,” or otherwise unrelated to the agenda item under consideration, or if the speaker’s conduct violates any other provision in these rules of procedure, and the speaker may forfeit their remaining time on that item.
4.7.7 No person in the audience at a City Council meeting shall engage in conduct that disrupts the orderly conduct of any meeting, including, but not limited to, the utterance of loud or threatening language, whistling, clapping, stamping of feet, speaking over or interrupting the recognized speaker, repeated waving of arms or other disruptive acts. The Mayor may allow clapping or other forms of expression during the ceremonial Proclamations and Awards portion of the session.
4.7.8 Large placards, banners, signs, flags, or other objects that have the effect of interrupting or disrupting the orderly conduct, or blocking the views of others within the Chamber, of the meeting are not permitted in the Chamber.
4.7.9 The Mayor has the authority to sanction those who violate these rules. No sanction will be issued under this rule based on the content of a person’s speech; rather, a speaker may be sanctioned as described herein if a speaker’s speech or conduct disrupts the orderly conduct of the meeting or interferes with the City Council’s ability to accomplish its business. Any person, whether in-person or who participates via phone or other service, who disrupts, disturbs, or otherwise impedes the orderly conduct of the meeting by uttering loud, shouting, threatening, impertinent, slanderous, profane, or abusive language or by engaging in any other disorderly conduct shall, at the discretion of the Mayor, or a majority of the members, be ruled “out of order” and be given at least one warning. If the person continues to violate the rules and disrupts, disturbs or otherwise impedes the orderly conduct of the meeting, the Mayor may order that person to do one or more of the following:
End their remarks, forfeit their remaining time, and be seated; Be prohibited from speaking on any further item on that meeting’s agenda; or Leave the meeting.
4.7.10 However, a person who engages in behavior that constitutes use of force or a threat of force may be removed immediately, and no warning is required.
4.7.11 If the person does not timely leave the meeting, the Mayor may order the Sheriff to remove the person from the physical meeting or order the City staff to remove the person from the remote meeting.
4.7.12 Any person removed from the City Council meeting shall be excluded from further attendance and participation in the City Council meeting for the remainder of the meeting, including all sessions of the same meeting. Attendance may be continued from any of the overflow rooms provided that the person ceases any such disorderly conduct. Any person may continue to observe a City Council meeting via a remote one-way platform. The exclusion from the meeting shall be enforced by the Sheriff in person or City staff remotely upon being so directed by the Mayor.
4.7.13 In the event that any meeting of the City Council is willfully interrupted or disrupted by a person or by a group or groups of persons so as to render the orderly conduct of the meeting unfeasible, the Mayor may recess the meeting or order the person, group or groups of persons willfully interrupting the meeting to leave the meeting or be removed from the meeting.
4.7.14 In the event that any meeting is willfully interrupted or disrupted by a person or by a group or groups of persons either in person or remotely so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of the person or persons willfully interrupting or disrupting the meeting, the Mayor may recess the meeting or order the physical and/or virtual meeting room(s) cleared and continue in session. Only matters appearing on the posted agenda may be considered in such a session and, if the meeting was being broadcast via a remote one-way platform, such broadcast shall continue. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend or remain in the meeting.
4.7.15 If any person makes discriminatory or harassing remarks (defined below as used in these rules of procedure) at a public meeting, the Mayor may take the following actions:
(1) The Mayor shall read, at Mayor’s option, the City’s definition of discrimination and harassment (discriminating or harassing remarks as defined below), into the record. The Mayor shall state that comments in violation will not be condoned, and inform the speaker that their language is unwanted, unwelcome and/or inappropriate, and that they are interfering with the ability of those present to listen and understand and for the City Council to orderly conduct the meeting.
Definition: “Discriminatory or harassing remarks” includes legally protected speech in a City Council meeting that disparages an individual or group based on their perceived race, religion, sexual orientation, ethnicity, gender, disability, etc. or other hate speech but does not rise to the level of a criminal threat or inciting violence. (2) The Mayor shall further state that any City employee who is offended or otherwise does not wish to attend due to the remarks is excused from attendance at the meeting during the remarks; and (3) The speaker’s time will be held during the Mayor’s admonishment and the speaker will receive their full allotment of time, unless the speaker’s comments continue to disturb, disrupt, or impede the orderly conduct of the meeting; and (4) The speaker will be allowed to continue after the admonishment; and (5) The Mayor may call a recess to allow staff or public to leave and/or provide de-escalation; and (6) The Mayor may request to disconnect a remote speaker who continues to disrupt the meeting after at least one warning.
4.7.16 The City is committed to a work environment free from unlawful discrimination and harassment, including sexual, racial, religious, age, disability, or any other form of discrimination or harassment.
4.7.17 The City wishes to promote civil discourse in public discussion and debate, and hereby adopts as its expression of conduct that should be aspired to by all participants in public meetings the attached “Code of Civil Discourse” from the National Conflict Resolution Center (attached hereto).
4.7.18 Prior to removing anyone from a City meeting, the Mayor (or other designated chair) shall: (i) notify the person that he/she is in violation of these rules, (ii) specify the specific behavior giving rise to that conclusion; (iii) explain all grounds for the belief that the person's conduct is in violation of law/policy and why such conduct subjects the person to expulsion; and (iv) notify the person that if the conduct continues he/she will be removed. The person receiving such notification shall be asked if he/she understands the conclusion but shall not be required to accept it.
4.7.19 Members of the public receiving notice of disruption pursuant to this section shall have the right, prior to being removed from the meeting, to ask the Mayor to consult with the City Attorney on the grounds for expulsion, and to submit a point of order on the grounds for expulsion. The City Council may override this decision pursuant to Section 4.1.2. The City Attorney shall have a duty to inform the Mayor (or other designated chair) and the public if the City Attorney believes that the Mayor's action is in violation of applicable law.
City Council Agendas
The City Manager and Mayor in conference shall be responsible for determining items to appear on City Council meeting agendas. The Mayor shall place all proclamations and ceremonial items on the agenda and the City Manager shall place all operational and business related items on the agenda. The Mayor is eligible to place additional items on the agenda in the manner identified in Section 4.8.4 below.
The standard template for City Council agendas shall be established by Council by majority vote. The City Manager shall have the authority to reorganize the template on a case-by-case basis if he/she believes that a variation in the normal order of business is appropriate.
Councilmembers may agendize items to enable them to "report out" on matters relating to their own activities, including activities pertinent to their Council-appointed positions on regional commissions, committees and boards, provided the report is informational only. If Council action is being sought, the process defined in Section 4.8.4 of this Policy shall be followed.
Two members of the City Council may propose at a Council meeting that an item be agendized for future Council discussion, consideration, and/or action. Subject to notice and hearing requirements, the item shall be agendized for a future meeting and noticed as required by law. Items agendized pursuant to this section shall appear on an agenda under the New Business portion of the agenda and the names of the Councilmembers who agendized the item shall be included with the item description. Staff Reports will only be prepared if a minimum of three members of the City Council vote affirmatively at a Council meeting to direct Staff to prepare a report.
Notwithstanding Sections 4.8.1 and 4.8.4 of this Policy, the process to review, appeal, or otherwise "call up" decisions by the Planning Commission or other subordinate City bodies shall be subject to the requirements of the San Clemente Municipal Code.
Notwithstanding Section 4.8.4, a proposal to reconsider any action taken by the City Council may be raised only at the same meeting or the next regularly scheduled meeting of the City Council after the action is taken and may be raised only by one of the Councilmembers who voted with the prevailing side. Additionally, the motion to reconsider may only be made by one of the Councilmembers who voted with the prevailing side.
The City Clerk shall be responsible for the preparation of Council meeting agendas and shall cause copies to be posted on the City Hall bulletin board(s) and City website. Regular and Adjourned Regular Meeting agendas shall be posted within the posting time requirements as set forth in State law. In the case of special meetings, agendas shall be posted as soon as practical, but in no event less than the posting time requirements as set forth in State law.
Consent Calendar items shall be comprised of items that are expected to be noncontroversial. Unless an item is removed from the Consent Calendar by a member of the Council or staff, for separate discussion and action, the Consent Calendar may be acted upon by one motion as one item.
The City Council may waive the reading in full of all Resolutions and Ordinances. The reading of Resolution titles shall be optional. The reading of Ordinance titles shall not be waived.
Members of the public may address Council concerning matters within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, during the Oral Communications portion of the agenda. Speakers may address Council once during either Oral Communications Part 1 or Part 2. Speakers shall be allotted 3 minutes in which to give his or her presentation.
City Council Minutes
The City Clerk shall have exclusive responsibility for the preparation of the minutes.
The minutes of City Council meetings shall be submitted to Council for approval/modification at a City Council meeting. Any direction for modifications to the City Council minutes shall only be made upon a majority vote of the City Council.
Minutes shall be prepared in brief concise form, in what are commonly referred to as "action minutes". Action minutes memorialize what was done at a meeting, as opposed to what was said at a meeting. An exception to this guideline is that a brief summarization of comments provided to Council by the public are to be included in the minutes. Additionally, the identity of Councilmembers who make motions, second motions, and cast votes on motions are to be included in the minutes.
Unless the reading of the minutes of a City Council meeting is ordered by a majority of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each Councilmember with a copy thereof.
The approved minutes shall be executed by the Mayor and City Clerk upon approval by the City Council and shall constitute the official record of the City Council meeting.
The City Clerk shall enter the original executed minutes into the official records of the City as a permanent document.
Closed Sessions
The City Council may hold closed sessions during duly-noticed Council meetings on issues authorized by State law.
A City Commission or Committee may hold closed sessions during duly-noticed meetings of its body on issues authorized by State law, the City Council, and the City Attorney.
No member of the City Council, employee of the City, or any person present during a closed session shall disclose to any other person the content or substance of discussion or action which took place during the session, unless a majority vote of the Council authorizes such disclosure.
Closed sessions shall be limited to members of the City Council, City Manager, City Attorney and/or City legal counsel, as well as staff members and experts designated by the City Manager or City Attorney to attend portions of Closed Sessions relating to specific issues, as permitted by law.
To the extent possible, the public will be notified prior to the time that the City Council recesses to closed session as to whether or not a public announcement of action is anticipated following the Closed Session.
Where potential plaintiffs and defendants have manifested or communicated their awareness of facts and circumstances and a legal theory connecting those facts and circumstances to potential litigation involving the City, those facts and circumstances, together with (i) the identity of potential parties or (ii) related documentation, shall be disclosed prior to a closed session to discuss anticipated litigation, in accordance with GC 54956.9.
Assignment of a City Councilmember as a Liaison to Each City Commission or Committee The City Council Liaison shall meet with the Chair and support staff of the assigned Commission or Committee to review the proposed agenda to determine consistency with the adopted work plan.
Accept requests for City Council or staff support to accomplish tasks included in the adopted work plan.
Provide an oral report of the Commission or Committee activities to the City Council during the appropriate agenda item on a regular agenda of the City Council.
The City Councilmember liaison is not expected to attend the meetings of the Commission or Committee, but rather act as a resource and conduit for improved communication.
Attachment 1