Staff Contact Kanika Kith, City Manager
MAYOR JOEL FAJARDO
VICE MAYOR VICTORIA GARCIA
COUNCILMEMBER MARY MENDOZA
COUNCILMEMBER MARY SOLORIO
COUNCILMEMBER PATTY LOPEZ
7+
CITY OF SAN FERNANDO
CITY COUNCIL
MEETING AGENDA
SPECIAL MEETING – 6:00 PM
TUESDAY, MAY 12, 2026
CITY HALL COUNCIL CHAMBERS
117 MACNEIL STREET
SAN FERNANDO, CA 91340
Please visit the City’s YouTube channel to live stream and watch previously recorded City Council meetings, which is also available with Spanish subtitles at:
https://www.youtube.com/c/CityOfSanFernando
In accordance with the Americans with Disabilities Act of 1990, if you require a disability-related modification/accommodation to attend or participate in this meeting, including in-person translation services, or other services please call the City Clerk Department at (818) 898-1204 or email at [email protected] at least 2 business days prior to the meeting.
SPECIAL MEETING - PUBLIC PARTICIPATION OPTIONS
WATCH THE MEETING
Live stream with audio and video, via YouTube, at: https://www.youtube.com/c/CityOfSanFernando
SUBMIT PUBLIC COMMENT IN PERSON
Members of the public may provide comments in person in the City Council Chambers during the Public Comments section of the Agenda by submitting a comment card to the City Clerk.
SUBMIT PUBLIC COMMENT VIA EMAIL
Members of the public may submit comments by email to [email protected] no later than 12:00 p.m. the day of the meeting, to ensure distribution to the City Council prior to consideration of the agenda. Comments received via email will be distributed to the City Council and made part of the official public record of the meeting.
May 12, 2025 Special CC Mtg Page 1 of 116
SAN FERNANDO CITY COUNCIL
Special Meeting Notice and Agenda – May 12, 2026
CALL-IN TO PROVIDE PUBLIC COMMENT LIVE DURING THE REGULAR MEETING Members of the public may call-in between 6:00 p.m. and 6:15 p.m. Comments will be heard in the order received, and limited to three minutes. If necessary, the call-in period may be extended by the Mayor. Note: This is audio only and no video.
Call-in Telephone Number: (669) 900-6833
Meeting ID: 833 6022 0211
Passcode: 924965
When connecting to the Zoom meeting to speak, you will be placed in a virtual “waiting area,” with your audio disabled. When it is your turn to speak, you will be identified by announcing the last four digits of your telephone number. To unmute press *6 on your phone and begin your comment.
CALL TO ORDER - SPECIAL MEETING 6:00 P.M. (OPEN SESSION)
ROLL CALL
TELECONFERENCING REQUESTS/DISCLOSURE
Recommend consideration of requests received for remote teleconference meeting participation made by members of the City’s legislative bodies, as permitted under the provisions of Assembly Bill (AB) 2449, Government Code Section 54953, and the City of San Fernando adopted Resolution No. 8215, effective March 1, 2023.
PLEDGE OF ALLEGIANCE
Led by City Clerk Julia Fritz
APPROVAL OF SPECIAL MEETING AGENDA
Recommend that the City Council approve the agenda as presented and move that all ordinances presented tonight be read in title only as authorized under Government Code Section 36934.
DECORUM AND ORDER
The City Council, elected by the public, must be free to discuss issues confronting the City in an orderly environment. Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council (SF Procedural Manual). Any person making impertinent derogatory or slanderous remarks or who becomes boisterous while addressing the City Council or while attending the City Council meeting, may be removed from the room if the Presiding Officer so directs the sergeant-at-arms and such person may be barred from further audience before the City Council.
May 12, 2025 Special CC Mtg Page 2 of 116
SAN FERNANDO CITY COUNCIL
Special Meeting Notice and Agenda – May 12, 2026
PUBLIC STATEMENTS
Members of the public may provide comments in person in the City Council Chambers during the Public Comments section of the Agenda by submitting a comment card to the City Clerk.
Members of the public may submit comments by email to [email protected] no later than 12:00 p.m. the day of the meeting to ensure distribution to the City Council and made part of the official public record of the meeting.
Members of the public may provide a live public comment by calling in between 6:00 p.m. and 6:15 p.m. CALL-IN INFORMATION: Telephone Number: (669) 900-6833; Meeting ID: 833 6022 0211; Passcode: 924965.
ADMINISTRATIVE REPORTS
1) DISCUSSION AND CONSIDERATION TO ADOPT A RESOLUTION UPDATING THE CITY COUNCIL
PROCEDURAL MANUAL, INCLUDING RELATED PROCEDURES AND ADMINISTRATIVE
PROVISIONS
Recommend that the City Council:
a. Adopt Resolution No. 8421 approving the redline edits to the City Council Procedural Manual; and
b. Provide staff with direction, as applicable.
2) DISCUSSION REGARDING THE CITY’S FORMER AGREEMENT RELATED TO DISTRICT B IN THE DOWNTOWN MALL AREA (TABLED FROM THE MAY 4, 2026 CITY COUNCIL MEETING) This item was agendized by Mayor Joel Fajardo.
City Council to receive and file the report and provide direction to staff as appropriate, and take any related action, including adoption of a resolution if deemed necessary. 3) CONTINUED DISCUSSION REGARDING DEVELOPMENT OF AN ORDINANCE ESTABLISHING
PROTOCOLS FOR THE THOROUGH AND RIGOROUS VETTING OF ANY PROPOSED SALE,
LEASING AND/OR DEVELOPMENT OF CITY-OWNED LAND WITH PRIVATE ENTITIES This item was agendized by Vice Mayor Victoria Garcia.
City Council discussion to provide staff direction to prepare a proposed ordinance like the one described that may be approved for both first and second reading by or before June 30, 2026.
May 12, 2025 Special CC Mtg Page 3 of 116
SAN FERNANDO CITY COUNCIL
Special Meeting Notice and Agenda – May 12, 2026
4) DISCUSSION AND CONSIDERATION TO ADOPT AN ORDINANCE PROHIBITING CITY
COUNCILMEMBERS FROM NOMINATING IMMEDIATE FAMILY MEMBERS TO SERVE ON
BOARDS, COMMISSIONS AND COMMITTEES AND OTHER BODIES WHOSE MEMBERS ARE
APPOINTED BY THE CITY COUNCIL
Recommend that the City Council introduce for first reading, in title only, and waive further reading of Ordinance No. 1741 titled, “An Ordinance Prohibiting City Councilmembers from Nominating Immediate Family Members to Serve on Boards, Commissions and Committees and other Bodies Whose Members are Appointed by the City Council.”
STAFF COMMUNICATION INCLUDING COMMISSION UPDATES
GENERAL CITY COUNCIL/BOARD MEMBER COMMENTS AND LIAISON UPDATES ADJOURNMENT The meeting will adjourn to the Regular Meeting of May 18, 2026.
AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting.
Dated: _________________ at: ____________
Signed By: _____________________________
Agendas and complete Agenda Packets (including staff reports and exhibits related to each item) are posted on the City’s `Internet website www.sanfernando.gov. These are also available for public reviewing prior to a meeting in the City Clerk Department. Any public writings distributed by the City Council to at least a majority of the Councilmembers regarding any item on this regular meeting agenda will also be made available at the City Clerk Department at City Hall located at 117 Macneil Street, San Fernando, CA, 91340 during normal business hours. In addition, the City may also post such documents on the City’s website at www.sanfernando.gov. In accordance with the Americans with Disabilities Act of 1990, if you require a disability-related modification/accommodation to attend or participate in this meeting, including auxiliary aids or services please call the City Clerk Department at (818) 898-1204 or [email protected] at least 48 hours prior to the meeting.
May 12, 2025 Special CC Mtg Page 4 of 116
May 12, 2025 Special CC Mtg Page 5 of 116
This Page
Intentionally
Left Blank
May 12, 2025 Special CC Mtg Page 6 of 116
May 12, 2025 Special CC Mtg Page 7 of 116
This Page
Intentionally
Left Blank
May 12, 2025 Special CC Mtg Page 8 of 116
AGENDA REPORT
CITY CLERK DEPARTMENT 117 MACNEIL ST, SAN FERNANDO, CA 91340 (818) 898-1204 WWW.SANFERNANDO.GOV REVIEW: ☒ City Clerk ☒ Director of Admin. Services ☒ City Manager To: Mayor Joel Fajardo and Councilmembers
From: Kanika Kith, City Manager
By: Julia Fritz, City Clerk
Richard Padilla, City Attorney
Date: May 12, 2026
Subject: Discussion and Consideration to Adopt a Resolution Updating the City Council Procedural Manual, Including Related Procedures and Administrative Provisions RECOMMENDATION:
It is recommended that the City Council:
a. Adopt Resolution No. 8421 (Attachment “A”) approving the redline edits to the City Council Procedural Manual (Exhibit “A” of Attachment “A”); and
b. Provide staff with direction, as applicable.
BACKGROUND:
1. On July 3, 1995, the City Council adopted the City Council Procedural Manual (“Procedural Manual”).
2. Throughout the years, in 1998, 2000, 2003, 2009, 2010, 2011, 2015, 2018, and 2019, various procedures were amended to the City Council Procedural Manual to reflect City Council direction, such as adding policies related to the “Use of City Letterhead” and establishing a procedure for “Filling Councilmember Vacancies,” among others.
3. On October 20, 2025, the City Council directed staff to bring back a redlined version of the Procedural Manual (Exhibit “A” of Attachment “A”) to the November 17, 2025 City Council meeting.
4. On November 17, 2025, the City Council directed staff to bring back the final redlined version to the January 20, 2026 City Council meeting, the City Council directed staff to provide in advance, a copy of the redline edits for review prior to bringing the item back to the January 20, 2026 City Council meeting in order to allow Councilmembers with additional time to review the proposed changes.
May 12, 2025 Special CC Mtg Page 9 of 116
Discussion and Consideration to Adopt a Resolution Updating the City Council Procedural Manual, Including Related Procedures and Administrative Provisions
5. On January 20, 2026, the City Council continued the item to a future date uncertain to allow additional updates, as requested by Mayor Fajardo.
6. On March 25, 2026, the City Clerk received final updates from Mayor Fajardo and distributed a redlined version of the Procedural Manual to all Councilmembers, providing time for review in advance of the April 6, 2026 City Council meeting.
7. On March 30, 2026, the City Clerk received suggested edits to the City Council Procedural Manual from Councilmember Mendoza (Attachment “B”).
8. On April 6, 2026, the City Council continued the item to the next regular meeting, pending receipt of the redlined version of the procedural manual.
9. On April 14, 2026, the City Clerk provided the redlined version (Exhibit “A” of Attachment “A”) of the procedural manual to the City Council via email.
10. On April 20, 2026, the City Council continued the item to the next regular meeting.
11. On May 4, 2026, the City Council continued the item to the next regular meeting and discussed including potential related procedural and administrative updates, and incorporate those changes, such as, noting that the Councilmembers are generally encouraged to avoid engaging in discussion with members of the public during public comment in order to prevent potential Brown Act concerns related to deliberation outside of agendized items.
ANALYSIS:
The Procedure Manual serves as a guide outlining the rules, policies, and practices for how the City Council conducts its business. The Procedural Manual covers meeting procedures, the roles and responsibilities of Councilmembers and staff, decision-making processes, and administrative policies designed to ensure consistency, transparency, and efficiency in city governance.
On October 20, 2025, the City Council directed staff to bring back a redlined version of Councilmember Fajardo’s proposed edits to the November 17, 2025 City Council meeting for consideration. At the November 17, 2025 meeting, the City Council directed staff to provide in advance, a copy of the redline edits for review prior to bringing the item back to the January 20, 2026 City Council meeting in order to allow Councilmembers with additional time to review the proposed changes.
As of January 15, 2026, the draft of the redline edits had not yet been shared with the City Council in advance of the January 20, 2026 staff report, as it was still undergoing additional review and finalization of proposed edits by Mayor Fajardo and the City Attorney.
May 12, 2025 Special CC Mtg Page 10 of 116
Discussion and Consideration to Adopt a Resolution Updating the City Council Procedural Manual, Including Related Procedures and Administrative Provisions
On March 25, 2026, the City Council received the finalized redlined updates to the City Council Procedural Manual for review in advance of this meeting. A brief summary of the proposed changes below updates the Procedural Manual to align with current state laws and provides additional clarifying edits, as follows:
• Incorporation of changes to the Ralph M. Brown Act (Government. Code Section 54950 et seq.) (the “Brown Act”) designed to expand accessibility to City Council meetings and other subordinate bodies of the city by expanding (i) the ability of the public to participate remotely (ii) requirements for the translation of agendas; and (iii) opportunities for non-English speakers to avail themselves of public comment translation assistance. • The incorporation and refinement of rules relating to the use of City Attorney services by Councilmembers and Councilmember engagement with City staff. • Clarification to the procedures for addressing absences and City Council vacancies. • Clarifications and modifications to procedures for the submission of agenda item requests by City Councilmembers.
• Clarification on the City Council reorganization process. • Clarification as to procedures for the reconsideration or rescinding of prior City Council action and when such reconsideration or rescission is legally permissible.
A comparative document reflecting the Current Policy versus the Proposed Updated Policy is included as Attachment “B”. The document shows updates in redline, and sections highlighted in yellow indicate significant proposed updates to the applicable section of the manual.
On March 30, 2026, the City Clerk received suggested edits to the City Council Procedural Manual from Councilmember Mendoza (Attachment “C”). The suggested updates are to Closed Session Requirements (Section 1.7); defining Super Majority (Section 1.8); moving up the written public comment deadline; and adding language to Section 17 regarding Councilmember safety as it relates to City Hall.
On May 4, 2026, the City Council continued the item to the next regular meeting and discussed including potential related procedural and administrative updates, and to incorporate those changes, such as, noting that the Councilmembers are generally encouraged to avoid engaging in discussion with members of the public during public comment in order to prevent potential Brown Act concerns related to deliberation outside of agendized items.
BUDGET IMPACT:
The proposed updates are included in the City Clerk Department work plan for the Fiscal Year 2025-2026 Adopted Budget.
May 12, 2025 Special CC Mtg Page 11 of 116
Discussion and Consideration to Adopt a Resolution Updating the City Council Procedural Manual, Including Related Procedures and Administrative Provisions
CONCLUSION:
Staff is recommending that the City Council:
a. Adopt Resolution No. 8421 (Attachment “A”) approving the redline edits to the City Council Procedural Manual (Exhibit “A” of Attachment “A”); and
b. Provide direction to staff, as applicable.
ATTACHMENT:
A. Resolution No. 8421, including:
Exhibit “A”: City Council Procedure Manual (Redlined Version) B. Comparative document reflecting the Current Policy versus the Proposed Updated Policy C. Councilmember Mendoza – suggested edits
May 12, 2025 Special CC Mtg Page 12 of 116
ATTACHMENT “A”
RESOLUTION NO. 8421
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN FERNANDO,
CALIFORNIA, AMENDING VARIOUS PROVISIONS OF THE SAN FERNANDO
CITY COUNCIL PROCEDURAL MANUAL
WHEREAS, the City Council adopted its Procedural Manual (Manual) for the Conduct of City Council Meetings in the City of San Fernando on July 3, 1995 by Resolution No. 6434, and amended the Procedural Manual on March 16, 1998 by Resolution No. 6604, on August 7, 2000 by Resolution No. 6743, on July 21, 2003 by Ordinance No. 1543, on July 20, 2009 by Resolution No. 7328, on December 7, 2009 by Resolution No. 7346, on May 3, 2010 by Resolution No. 7376, on September 19, 2011 by Resolution No. 7454, on May 4, 2015 by Resolution No. 7664, on October 19, 2015 by Resolution No. 7704, on May 7, 2018 by Resolution No. 7850, on August 20, 2018 by Resolution No. 7883, on March 18, 2019 by Resolution No. 7907; and on August 19, 2019 by Resolution No. 7916;
WHEREAS, the Manual sets forth procedures regarding the conduct of City business, including, but not limited to, regular meetings, special meetings, agendas, noticing, decorum, voting, adoption of resolutions and ordinances, minutes and reorganization, but does not thoroughly address Council committees; and
WHEREAS, the City Council desires to amend the Manual (Exhibit “A”) by revising various sections, as presented in the redline version attached to the staff report presented on May 12, 2026 under Agenda Item No. 1.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN FERNANDO DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council finds that all of the facts set forth in this Resolution are true and correct.
SECTION 2. The revised form of the Manual is attached to this Resolution as Exhibit “A” which is attached and incorporated hereto by this reference.
SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Resolution. This Resolution shall take effect and be in full force immediately.
PASSED, APPROVED AND ADOPTED by the City Council of the City of San Fernando at a regular meeting held on this ____ day of May, 2026.
______________________________
Joel Fajardo, Mayor of the City of
San Fernando
ATTEST:
____________________________________
Julia Fritz, City Clerk
May 12, 2025 Special CC Mtg Page 13 of 116
RES. NO. 8421
2 CERTIFICATION
I, Julia Fritz, City Clerk of the City of San Fernando, California, do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. 8421 which was regularly introduced and adopted by the City Council of the City of San Fernando, California, at a regular meeting thereof held on the _____ day of May 2026, by the following vote of the City Council:
AYES:
NAYS:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Fernando, California, this _____ day of May 2026.
Julia Fritz, City Clerk
May 12, 2025 Special CC Mtg Page 14 of 116
May 12, 2026
Preliminary Working Draft
PROCEDURAL MANUAL
City Council
Of the
City of San Fernando
Adopted: July 3, 1995 Resolution No. 6434
Amended: March 16, 1998 Resolution No. 6604
August 7, 2000 Resolution No. 6743
July 21, 2003 Ordinance No. 1543
July 20, 2009 Resolution No. 7328
December 7, 2009 Resolution No. 7346
May 3, 2010 Resolution No. 7376
September 19, 2011 Resolution No. 7454
Resolution No. 7664
Resolution No. 7704
Resolution No. 7850
Resolution No. 7883
Resolution No. 7907
Resolution No. 7916
May 4, 2015
October 19, 2015
May 7, 2018
August 20, 2018
March 18, 2019
August 19, 2019
May 12, 2026 Resolution No. XXXX
EXHIBIT "A"
ATTACHMENT "A"
May 12, 2025 Special CC Mtg Page 15 of 116
2 TABLE OF CONTENTS
1. CITY COUNCIL MEETINGS ................................................................................................. 1
1.1 REGULAR MEETINGS .............................................................................................. 1
1.2 ADJOURNED MEETINGS ......................................................................................... 2
1.3 SPECIAL MEETINGS ................................................................................................ 2
1.4 MEETING NOTICES (REGULAR, SPECIAL AND ADJOURNED) ................................... 2
1.5 MEETINGS TO BE PUBLIC ..................................................................................... 32
1.7 CLOSED SESSIONS CONFIDENTIALITY .................................................................. 43
1.8 QUORUM; VOTE REQUIREMENTS ....................................................................... 43
1.9 UNEXCUSED ABSENCES ....................................................................................... 54
2. AGENDA PROCEDURES AND ORDER OF BUSINESS ........................................................ 65
2.1 AGENDAS ............................................................................................................. 65
2.2 AGENDA DEADLINE .............................................................................................. 76
2.3 [RESERVED] ......................................................................................................... 98
2.4 ROLL CALL ............................................................................................................ 98
2.5 APPROVAL OF AGENDA ....................................................................................... 98
2.6 APPROVAL OF CONSENT CALENDAR .................................................................. 108
2.7 KEEPING AND APPROVAL OF MINUTES ............................................................. 108
2.8 PUBLIC HEARINGS .............................................................................................. 119
2.9 PUBLIC HEARING ITEMS ................................................................................... 1210
2.10 NON-AGENDA ITEMS ....................................................................................... 1310
2.11 CONCLUDING A MEETING VS ADJOURING (CARRYING-OVER) A MEETING ..... 1310
3. PRESIDING OFFICER .................................................................................................... 1411
3.1 PRESIDING OFFICER ......................................................................................... 1411
3.2 CALL TO ORDER; LACK OF A QUORUM ........................................................... 1411
3.3 PARTICIPATION OF PRESIDING OFFICER .......................................................... 1412
3.4 STATEMENT OF THE MOTION OR QUESTION ................................................. 1412
3.5 SIGNING OF DOCUMENTS ............................................................................... 1512
3.6 MAINTENANCE OF ORDER ............................................................................... 1512
3.7 DURATION OF MEETING .................................................................................. 1512
4. RULES, DECORUM, AND ORDER ................................................................................. 1513
4.1 POINTS OF ORDER ........................................................................................... 1513
4.2 DECORUM AND ORDER – COUNCILMEMBER .................................................. 1513
4.3 DECORUM AND ORDER – EMPLOYEES ............................................................ 1613
4.4 DECORUM AND ORDER – PUBLIC .................................................................... 1614
4.5 ENFORCEMENT OF DECORUM ......................................................................... 1714 May 12, 2025 Special CC Mtg Page 16 of 116
3 4.6 CONFLICTS OF INTEREST ................................................................................. 1714
4.7 LIMITATIONS OF DEBATE ................................................................................. 1815
4.8 DISSENTS AND PROTESTS ................................................................................ 1916
4.9 PROCEDURES IN ABSENCE OF RULES ............................................................... 1916
5. ADDRESSING THE CITY COUNCIL ................................................................................ 1916
5.1 MANNER OF ADDRESSING THE CITY COUNCIL................................................. 1916
5.2 TIME LIMITATION AND TRASLATION ............................................................... 2118
5.3 ADDRESSING THE CITY COUNCIL AFTER MOTION IS MADE ............................. 2219
5.4 WRITTEN CORRESPONDENCE .......................................................................... 2219
6. MOTIONS .................................................................................................................... 2219
6.1 POLICY OBJECTIVE .......................................................................................... 2219
6.2 OPPORTUNITY TO ASK QUESTIONS AND COMMENT BEFORE MOTIONS ......... 2319
6.5 DIVISION OF MOTION ...................................................................................... 2320
6.6 PRECEDENCE OF MOTIONS .............................................................................. 2420
6.7 MOTION TO ADJOURN (NOT DEBATABLE) ....................................................... 2420
6.8 MOTION TO FIX HOUR OF ADJOURNMENT ..................................................... 2420
6.9 MOTION TO TABLE .......................................................................................... 2421
6.10 MOTION TO CALL FOR THE PREVIOUS QUESTION ........................................... 2421
6.11 MOTION TO AMEND ........................................................................................ 2421
6.12 MOTION TO CONTINUE ................................................................................... 2521
6.13 GENERAL CONSENT ......................................................................................... 2521
7. VOTING ....................................................................................................................... 2521
7.1 VOTING PROCEDURE ....................................................................................... 2521
7.2 VOTING ............................................................................................................ 2522
7.3 [RESERVED] ..................................................................................................... 2622
7.4 RECONSIDERATION .......................................................................................... 2622
8. RESOLUTIONS ............................................................................................................. 2723
8.1 RESOLUTIONS PREPARED IN ADVANCE ........................................................... 2723
8.2 RESOLUTIONS NOT PREPARED IN ADVANCE ................................................... 2723
9. ORDINANCES ................................................................................................... 2723
9.1 ORDINARY APPROVAL OF ORDINANCES. ........................................................ 2723
10. [RESERVED] .................................................................................................... 3024
11. REORGANIZATION .......................................................................................... 3024
11.1 SELECTION OF MAYOR AND Vice-Mayor ........................................................ 3024
11.2 SELECTION OF CITY COUNCIL LIAISONS AND DELEGATES ................................ 3225
12. COMMITTEES .............................................................................................................. 3226 May 12, 2025 Special CC Mtg Page 17 of 116
4 12.1 GENERAL .......................................................................................................... 3226
12.2 PURPOSE ......................................................................................................... 3226
12.3 LIMITATIONS ON AUTHORITY .......................................................................... 3326
12.4 APPLICABLE LAWS AND REGULATIONS ............................................................ 3327
12.5 MEETING DATE AND TIME ............................................................................... 3327
12.6 QUORUM ......................................................................................................... 3327
12.7 STAFFING ......................................................................................................... 3327
12.8 AGENDAS ......................................................................................................... 3427
12.9 REPORT ON ACTIVITIES OF STANDING COMMITTEES ...................................... 3428
13. PROCEDURE FOR FILLING CITY COUNCIL VACANCIES ................................................ 3428
14. PRIORITY GOAL SETTING MEETING ............................................................................ 3529
15. OFFICIAL LETTERHEAD AND OTHER STATIONERY USE POLICIES ................................ 3629
15.1 AUTHORIZED USE OF LETTERHEAD .................................................................. 3629
15.2 UNAUTHORIZED USE OF OFFICIAL LETTERHEAD/OFFICIAL STATIONERY ......... 3630
15.3 PREP OF COMMUNICATIONS USING OFFICIAL LETTERHEAD/STATIONERY ..... 3730
15.4 COUNTERFEIT LETTERHEAD OR STATIONERY .................................................. 3731
15.5 DEFINITIONS .................................................................................................... 3731
16. STATEMENTS OF ECONOMIC INTEREST ...................................................................... 3832
16.1 FORM 700 STATEMENT OF ECONOMIC INTERESTS OVERVIEW ....................... 3832
16.2 FILING OF FORM 700 ....................................................................................... 3932 May 12, 2025 Special CC Mtg Page 18 of 116
Procedural Manual – City Council of the City of San Fernando 1
PREAMBLE
These rules are enacted pursuant to Government Code Section 36813 to provide decorum and order at City Council meetings and to promote the efficient conduct of those meetings. The rules govern the procedures of the City Council itself and the conduct of individual Councilmembers. It is also intended that the rules govern the conduct of City staff and members of the public who attend City Council meetings. In the event of a conflict between these rules of procedures and any provision of State or Federal law, including but not limited to the Ralph M.
Brown Act codified at Section 54950 et seq. of the California Government Code (the “Brown Act”), the State or Federal law controls.
The source for many guidelines is set forth beneath the text of the section.
Because circumstances may differ from one City Council meeting to the next, these rules are intended as guidelines, and are not inflexible rules. Accordingly, they may be waived at any meeting, by Motion, in accordance with Robert’s Rules of Order. Notwithstanding anything in this manual to the contrary, the failure of the City Council to strictly follow any rule(s) or procedure(s) set forth in this manual shall not operate to invalidate any action taken by the City Council, provided such action is otherwise made in compliance with applicable State or federal law and the San Fernando Municipal Code. Furthermore, in the event of any conflict or inconsistency between the procedures of this Manual and applicable State or federal law procedures or procedures set forth in the San Fernando Municipal Code, the procedures of the latter shall govern and control.
1. CITY COUNCIL MEETINGS
1.1 REGULAR MEETINGS
As prescribed by Sections 2-61 (regular meetings) and 2-62 (Location) of the San Fernando Municipal Code, regular meetings of the San Fernando City Council will be held in the San Fernando City Hall – City Council Chambers located at 117 Macneil Street, San Fernando, California, on the first and third Mondays of each month at 6:00 p.m. Whenever a regular meeting date falls upon the date of a legal holiday, the regular meeting will be held the next business day, unless otherwise ordered by the City Council. Whenever a regular meeting date falls on the day immediately preceding the date of the City’s general municipal election, the regular meeting will be held on the Wednesday day immediately following the date of the general municipal election, unless otherwise ordered by the City Council. With respect to the 2nd regular meetings the months of November and December, the City Council reserve the right to cancel such meetings outright or conduct a special meeting or adjourned regular meeting on an alternative date in lieu of the regular meeting date.
Consistent with Section 2-61 (regular meetings) of the San Fernando Municipal Code, regular meetings of the City Council of the City of San Fernando are held in the Council Chambers of the City Hall, 117 Macneil Street, San Fernando, California, on the first and third Mondays of each month at 6:00 p.m. When the day of the regular Council meeting falls on a legal holiday, the meeting will be held May 12, 2025 Special CC Mtg Page 19 of 116
Procedural Manual – City Council of the City of San Fernando 2 at the same hour on the next succeeding day that is not a holiday. The foregoing notwithstanding, the City Council will not convene for regular City Council meetings that would otherwise occur on the third Monday in December, unless the City Council, by majority vote of the body, determines in any given year that such meeting should be held. Nothing in this section shall prevent the City Council from calling any special meeting, adjourned special meeting, adjourned regular meeting or emergency meeting in the month of December that may be deemed necessary for the conduct of City business.
1.2 ADJOURNED MEETINGS
Any meeting may be adjourned (carried-over) in accordance with Government Code Section 54955. which, among other things provides that when a meeting is adjourned a copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. Government Code Section 54955 further provides that when a regular or adjourned regular meeting is so adjourned, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour or place at which the adjourned meeting is to be held, it shall be held at the hour and place specified for regular meetings by ordinance.
to a time, place and date certain, but not beyond the next regular meeting.
1.3 SPECIAL MEETINGS
Special meetings may be called at any time by the Mayor or three members of the City Council in the manner prescribed by Government Code Section 54956. by a written notice as outlined in Section 1.4 below. Only matters contained in the notice may be considered.
1.4 MEETING NOTICES (REGULAR, SPECIAL AND ADJOURNED)
Meeting agendas and related noticing for regular meetings, special meetings, emergency meetings and adjourned meetings shall be posted, publicized and otherwise disseminated in the manner prescribed under the Brown Act.
Notices for regular meetings are to be posted with the regular meeting in the manner prescribed under Section 2.3 and in accordance with State law. As prescribed by Government Code Sections 54955 and 54956, notices for special meeting or meetings that have been adjourned by the City Clerk shall be delivered to each member of the City Council and to each local newspaper of general circulation and radio or television station requesting such notice in writing. The notice shall be delivered personally via electronic delivery and shall be received at least 24 hours before the time of the meeting as specified in the notice. The City Clerk shall also comply with all other noticing and posting requirements set forth under Government Code Sections 54955 and 54956 as applicable.
May 12, 2025 Special CC Mtg Page 20 of 116
Procedural Manual – City Council of the City of San Fernando 3
1.5 MEETINGS TO BE PUBLIC
Except as otherwise permitted under the Brown Act, all meetings of the City Council shall be open to the public. All regular, adjourned, and special meetings of the City Council shall be open to the public; provided, however, the City Council may hold closed sessions for purposes outlined in the following section. (Government Code Section 54953)
1.6 CLOSED SESSIONS - MATTERS OF DISCUSSION
Section 1.5 above notwithstanding, the City Council may meet, deliberate and conduct business in closed session without members of the general public being present to the limited extent authorized under the Brown Act. The City Council shall publicly report out any action taken in closed session as prescribed under Government Code Section 54957.1. The circumstances under which the City Council may meet, deliberate and conduct business in closed session include, but are not limited to, the following examples: The City Council may hold closed sessions, from which the public may be excluded, for consideration of any item for which closed sessions are permitted by State law. The following subjects are typically conducted in closed session:
a. LICENSE/PERMIT DETERMINATION (Government Code Section 54956.7) b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
c. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code Section 54956.9(a)), Subdivision (a) of Section 54956.9) d. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Subdivision (b) of Government Code Section 54956.9(b))
e. LIABILITY CLAIMS (Government Code Section 54956.95)
f. THREAT TO PUBLIC SERVICE OR FACILITIES (Government Code Section 54957) g. PUBLIC EMPLOYEE APPOINTMENT; PUBLIC EMPLOYMENT, PUBLIC EMPLOYEE PERFORMANCE EVALUATION; OR PUBLIC EMPLOYEE
DISCIPLINE/DISMISSAL/RELEASE (Government Code Sections 54957) and 54957.6)
h. CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6).
i. PUBLIC EMPLOYMENT
ii. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
iii. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
iv. CONFERENCE WITH LABOR NEGOTIATOR (Government Code
Section 54957.6)
h. CASE REVIEW/PLANNING (Government Code Section 54957.8) i. REPORT INVOLVING TRADE SECRET (Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code)
j. Any other purpose specifically authorized by law.
May 12, 2025 Special CC Mtg Page 21 of 116
Procedural Manual – City Council of the City of San Fernando 4 The City Council shall publicly report at the public meeting during which the closed session is held any action taken and the roll call vote thereon, unless a late time is permitted for such report. In no case shall the report be delayed later than the next regular meeting of the City Council.
1.7 CLOSED SESSIONS CONFIDENTIALITY
Confidential information acquired in closed session must not be disclosed by any person, unless expressly authorized by the City Council acting as body at a meeting of the City Council. (Government Code Section 54963). The holder of the privilege for confidential information is the City Council as a body and only the City Council acting as a body at a meeting of the City Council may waive the privilege. “Confidential information” shall have the same meaning as set for under Government Code Section 54963(b). Remedies for the disclosure of confidential information include, but are not limited to, injunctive relief to prevent its disclosure; discipline against any employee who releases the information; and, if the person responsible for improperly disclosing the information is a member of the City Council, referral to the grand jury. (Government Code Section 549639(c)) All matters discussed during closed sessions shall be private and confidential. The disclosure by any person of the topics or details of such matters is prohibited, except by the City Attorney who is designated to make any disclosures required by State law.
1.8 QUORUM; VOTE REQUIREMENTS
a. Three of the City Council’s five total members shall constitute a quorum. A quorum of the City Council shall be required for the City Council to conduct a City Council meeting and transact official business.
b. Except as otherwise provided by applicable State or federal law, if a quorum or more of the City Council’s total membership is present for a vote on an item of business, motions on such items may be approved by a simple majority of the members present and participating in the vote, excluding those members who have recused themselves from a vote. Members who abstain on a motion but who do not recuse themselves shall be counted toward the quorum. c. Paragraph (b) of this Section notwithstanding, as required by Government Code Section 36936, resolutions, orders for the payment of money and all ordinances require a recorded majority vote of the total membership of the City Council (a minimum of 3 votes) to be approved. resolutions, orders for the payment of money and ordinances shall require no less than three (3) affirmative votes of the total membership of the City Council in order to be approved.
d. Paragraphs (b) and (c) of this Section notwithstanding, the following ordinances may only be approved by four-fifths supermajority vote of the City Council as required by law: (i) ordinances for the immediate preservation of the public peace, health or safety within the meaning of Government Code May 12, 2025 Special CC Mtg Page 22 of 116
Procedural Manual – City Council of the City of San Fernando 5 Section 36937(b); and (ii) interim ordinances within the meaning of Government Code Section 65858, including extensions of the same. e. To the extent any other applicable law requires approval of a City Council action by a specified supermajority vote, any such action of the City Council may only be approved if the requisite supermajority approval is achieved. f. as required by State law, urgency ordinances and urgency interim zoning ordinances within the meaning of Government Code Sections 36937 and 65858, respectively shall require a minimum of (4) affirmative votes of the City Council’s total membership to be approved. The City Council shall comply with all other applicable supermajority approval requirements prescribed by State or federal law. for certain ordinances, resolutions or motions.
1.9 UNEXCUSED ABSENCES
a. As prescribed by Government Code Section 36513, if a City Council member is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he/she attended, his/her office becomes vacant and shall be filled as any other vacancy. The foregoing notwithstanding, the City Council, in an abundance of caution, shall first consult with the City Attorney prior to declaring a City Council seat vacant and prior to filling any putative vacancy so that the City Attorney may determine whether circumstances require the City to first initiate quo warranto proceedings through the Office of the California Attorney General or undertake any other procedures that will ensure the right to declare the seat vacant is perfected.
a. If a Councilmember, without the prior permission of the City Council, is absent from all regular meetings of the City Council for 60 days consecutively from the last regular meeting he/she attended, his/her office becomes vacant and shall be filled as any other vacancy, as provided by Government Code Section 36513.
b. If a Councilmember is absent without permission for two (2) consecutive regular meetings, the City Clerk shall use his or her best efforts to send a courtesy e-mail and regular mail notice to the absent Councilmember within fourteen (14) business days of the second missed regular meeting, notifying him or her of the provisions of this policy and Government Code Section 36513. The delivery of such notice is purely a courtesy extended to members of the City Council and the failure of the City Clerk to deliver or timely deliver such notice shall not operate to prevent the Councilember’s seat from being declared vacant or to prevent the initiation of quo warranto or other proceedings if the unexcused absence persists beyond the time allowed under Government Code Section 36513.to prevent the seat of a Councilmember who has been absent without permission from all regular meetings of the City May 12, 2025 Special CC Mtg Page 23 of 116
Procedural Manual – City Council of the City of San Fernando 6 Council for 60 or more consecutive days from being declared vacant. It is the personal responsibility of each Councilmember to keep track of his or her attendances of all meetings of the City Council so to avoid vacating his or her City Council seat.
c. If a regular meeting of the City Council is cancelled or is otherwise rescheduled for any reason, the 60 consecutive days unexcused absence period shall reset for all members of the City Council.
d. Absences must be excused by the City Council acting as a body at a meeting of the City Council and may be approved by simple motion noted on the record of the proceedings approved by a majority of the members present. A Councilmember may request an excused absence before the anticipated date(s) of the absence or retroactively after the date(s) of the absence provided the 60 consecutive day time period prescribed under Government Code Section 36513 has not lapsed. Absence requests can be made by a Councilmember orally on the record of a City Council meeting or in writing.
Councilmembers shall exercise professional courtesy in considering and approving excused absence requests.
2. AGENDA PROCEDURES AND ORDER OF BUSINESS
2.1 AGENDAS
a. The order of business of each City Council meeting shall be as contained in the Agenda prepared by the City Manager. The City Council shall follow the order of business as outlined in the prepared Agenda. Items may be taken out of order by the Presiding Officer or by majority consent of the City Council. b. REGULAR MEETINGS. In the manner prescribed by Government Code Section 54954.2, agendas for regular meetings of the City Council shall be posted physically in a location that is freely accessible to members of the public and on the City’s internet website. Such posting shall occur no less than 72 hours prior to the agendized start time of the regular meeting.
c. SPECIAL MEETINGS. In the manner prescribed by Government Code Section 54956, agendas for regular meetings of the City Council shall be posted physically in a location that is freely accessible to members of the public and on the City’s internet website. Such posting shall occur no less than 24 hours prior to the agendized start time of the special meeting. Per Government Code Section 54956, a special meeting may be called by the Mayor or three (3) Councilmembers. No other items other than those appearing on the special meeting agenda may be considered or acted upon by the City Council. d. ADJOURNED MEETING. For any adjourned meeting, the City Clerk shall post such notices of adjournment as may be required by Government Code Section 54955. Except as otherwise permitted under the Brown Act, the City Clerk May 12, 2025 Special CC Mtg Page 24 of 116
Procedural Manual – City Council of the City of San Fernando 7 shall post agendas for all adjourned meetings in the manner prescribed by the Brown Act.
e. EMERGENCY MEETING . The City Council may call emergency meetings as permitted under Government Code Section 54956.5 and in accordance with the procedures set forth under the same.
f. AVAILABILITY OF AGENDA MATERIALS. While the City strives to make all non-privileged/non-confidential agenda materials available to the public at the same time the agenda is posted this may not be logistically feasible, practical or required in all circumstances. Nevertheless, non-privileged/non-confidential agenda materials including staff reports shall be made available to the public no later than the time mandated by Government Code Section 54957.5. e. ADDITIONAL AGENDA NOTICE, DELIVERY AND PUBLICATION
REQUIREMENTS. The City shall comply with all agenda notice, delivery and publication requirements set forth under Government Code Section 54954.1 and 54954.6(b) and 54956
The Agenda for all regular meetings, with all background staff reports, shall be available to the public at the meeting and 72 hours in advance of the meeting (usually on Thursday of the prior week) at the City Clerk’s office.
The Agenda may be amended in accordance with State law, prior to any meeting.
2.2 AGENDA DEADLINE
a. If a member of the public wishes to have an item placed on a City Council agenda for discussion and/or action, the request must be made: (i) orally at a meeting of the City Council during the Public Statements portion of the agenda; or (ii) by submitting a written request to a member of the City Council.
If the request is made orally during public comment, the presiding officer shall entertain motions to have the item placed on the City Council agenda for discussion and/or action at a future meeting of the City Council or solicit such other direction as the City Council may deem warranted to address or study the issue. If the request is made in writing submitted to any or all members of the City Council, any member of the City Council may elect to sponsor the item as one of his or her items to be placed under the Administrative Reports portion of the agenda, subject all rules and deadlines for the submission of City Council member items prescribed under paragraph (b) of this Section below. The City Council shall be under no obligation to agendize any item requested by a member of the public and no individual Councilmember shall be obligated to place a written request on the agenda as one of his or her items. A citizen requesting to place an item on a City Council agenda may submit a written request at any time to the City Council (or any May 12, 2025 Special CC Mtg Page 25 of 116
Procedural Manual – City Council of the City of San Fernando 8 Councilmember). The request may also be made during the public comment portion of a City Council meeting.
Items raised by the public during public comment, may be referred to staff by the City Council for follow up and possible placement on a future agenda for formal action.
A Councilmember wishing to sponsor a citizen request may place the item on an upcoming agenda under the heading “Administrative Reports.” b. When a member of the City Council wishes to have an item placed on an agenda of an upcoming City Council meeting, the following procedures shall be followed:
i. The member wishing to have an item placed on an agenda for an upcoming meeting shall provide the City Clerk with an agenda report that provides a general description of the item, the desired action and includes any other relevant written materials or information which the member would like to have considered at the meeting. The agenda report and any other supplementary material must be submitted to the City Clerk by 12:00 p.m. the Wednesday preceding the City Council meeting. Except as provided in paragraph b.ii. of this Section 2.2, all items requested to be placed on an agenda by a Councilmember shall appear on the agenda for discussion and action. No items, however, shall be placed on the agenda without an agenda report.
ii. When a matter has been agendized, considered and acted upon by the City Council, Councilmembers who voted in the minority on the matter shall respect the will of the majority and refrain from interfering with City staff’s efforts to execute the will of the majority on the matter. Nevertheless, for a period of one (1) year from the date action on the matter was taken, any Councilmember may reagendize the matter provided both of the following conditions are satisfied: (a) the matter is one that may be lawfully reagendized for rescission and/or renewed consideration; and (b) at least two other members of the City Council have agreed to cosponsor the request to re-agendize the matter. After one (1) year, the only condition for the reagendizing of the matter shall be that the matter is one that may be lawfully reagendized for rescission and/or renewed consideration. In all cases, the Councilmember(s) making the request to re-agendize a matter must follow the procedures set forth in paragraph b.i., above.
iii.
iv.iii. Nothing in this subsection b.ii, above, shall operate to prohibit a Councilmember from (a) offering opinion or otherwise
commenting upon a previously agendized matter outside of a meeting of the City Council; or (b) offering spontaneous opinion or comment on the same during that portion of the City Council agenda entitled “General City Council/Board Member Comments May 12, 2025 Special CC Mtg Page 26 of 116
Procedural Manual – City Council of the City of San Fernando 9 and Liaison Updates”, provided that no action may be taken on the matter commented upon at the meeting where such comments are made. The foregoing notwithstanding, in offering such comments, Councilmembers shall not be authorized to disclose information that is confidential where the City Council acting as a body is the holder the of privilege.
v. Items that have been previously agendized, discussed and determined by action of the City Council are discouraged from being placed on the agenda for an upcoming meeting by a Councilmember unless the Councilmember can demonstrate a change of circumstances pertaining to the item or present new information of substantial importance that was not known at the time previous City Council action occurred. In such case, the Councilmember must follow the procedures set forth in paragraph b.i above and include in the agenda report the reason for reconsideration of the item, i.e., changed circumstances, new information, etc., with supporting information. The item shall be tentatively placed on the agenda as a repeat item under the heading “Administrative Reports.” The repeat item, however, shall not be discussed nor acted upon by the City Council unless the repeat item is first approved for discussion as set forth in Section
2.5. 2.3 [RESERVED] POSTING OF NOTICE AND AGENDA
Copies of the Notice and Agenda shall be delivered and posted in accordance with State law.
a. Location of Posting – Notices and Agendas shall be posted at the following locations:Bulletin board at City Hall, 117 Macneil Street, San Fernando, California, 91340; andCity’s website: www.sfcity.org2.4 ROLL CALL A roll call of Councilmembers shall be conductedheld at the beginning of each City Council meeting by the City Clerk, who shall enter the names of those present in the minutes.
2.5 APPROVAL OF AGENDA
The agenda shall include an item entitled “Approval of Agenda” to occur immediately after “roll call.” The Chair shall entertain motions to either approve the agenda as presented or subject the reordering, continuance or removal of certain agenda items and/or the addition of items not appearing on the agenda provided that such additions shall be subject to the requirements of Government Code Section 54954(b)(2). During the “Approval of Agenda” portion of the meeting, the City Council shall determine whether to consider repeat items May 12, 2025 Special CC Mtg Page 27 of 116
Procedural Manual – City Council of the City of San Fernando 10 submitted by Councilmembers pursuant to paragraph b.2. of Section 2.2. A Councilmember may make a motion to approve the agenda as presented or make a motion to approve the agenda with the elimination of the repeat item(s) tentatively placed on the agenda under the heading “Administrative Report”. If the agenda is approved as presented, the request to consider a repeat item is deemed approved and discussion and action on that item may occur during City Council items.
2.6 APPROVAL OF CONSENT CALENDAR
Consent Calendar includes agenda items that are non-controversial or routine in nature, or have been previously discussed at length and there is group consensus.
These items are grouped together and voted on in one motion. Any Councilmember may request that an item on the Consent Calendar be removed to be discussed and considered separately.
If the Consent Calendar includes a second reading and adoption of an Ordinance, the motion to approve the Consent Calendar shall include a statement that the City Council waive full reading and adopt the ordinance by title only, unless full reading was already waived as part of the motion to approve the ordinance for first reading.
2.7 KEEPING AND APPROVAL OF MINUTES
A. The City Clerk shall keep and maintain “action minutes” for all open session City Council proceedings that concisely record the items of business addressed and the City Council vote or other handling of the matter. Reasons for making motions or voting, City Council debate and audience reaction are generally not included in the minutes. Such items may be included if considered to be particularly relevant or otherwise necessary by the City Clerk. Minutes for all public comments will indicate the name of the speaker and a concise summary of his/her comments. As the open session portion of each City Council meeting is recorded via audio or video recording and accessible on the City’s website, the City Clerk shall not be required to keep verbatim minutes of the proceedings.
Unless the reading of the minutes of prior the previous City Council meetings is requested by a majority of the City Council, such minutes may be approved without reading if the Clerk has previously furnished each Councilmember with a copy thereof. The City Clerk shall have exclusive responsibility for preparation of the minutes and any directions for changes to conform with fact shall be made by action of the City Council. The Presiding Officer shall entertain motions to approve the minutes. Consistent with Section 41 of Robert’s Rules of Order, a Councilmember’s absence from a meeting for which minutes are being approved does not prevent the member from participating in their approval.
B. Per Government Code Section 36804, “[i]f the city clerk is absent, the deputy city clerk shall act. If there is none, the mayor shall appoint one of the council members as city clerk pro tempore.”
May 12, 2025 Special CC Mtg Page 28 of 116
Procedural Manual – City Council of the City of San Fernando 11
2.8 PUBLIC HEARINGS
When a particular matter before the City Council legally requires the conduct of a public hearing, the City Council shall conduct such meeting in the manner prescribed by law and subject to whatever prior noticing may be required by law.
Except as otherwise prescribed by applicable law for the conduct of a public hearing Tthe following procedures for conducting public hearings should also be followed:
a. The Presiding Officer shall introduce the public hearing matter by title and open the public hearing.
b. At the direction of the City Manager, the appropriate staff member presents the staff report and recommendations. The City Council may pose questions to City staff.
c. If the public hearing is a quasi judicial proceeding, the applicant or appellant whose matter is before the City Council shall be afforded the opportunity to address the City Council on the matter and receive questions from the City Council before proceedings are opened up for public comment. The applicant/appellant shall remain at the speaker podium until such time as the City Council has no further questions for the applicant/appellant or City staff. d. The Presiding Officer shall open the public comment/testimony comment and testimony portion of the public hearing.
e. Councilmembers should refrain from interrupting or posing questions to members of the public while they are addressing the City Council from the speaker’s podium. members of the public during their allotted time to speak, however the The Presiding Officer may, however, interject if the person speaking becomes disruptive to the proceedings or otherwise fails to comply with meeting decorum rules or if the person speaking is discussing issues unrelated to the business at hand. Councilmembers may also interject with motions to raise points of privilege (e.g., to advise that the Councilmember cannot hear the speaker or that there is some other condition of the proceedings that is disruptive or distracting).
f. After all members of the public have been given an opportunity to comment on the public hearing matter, the Presiding Officer will announce the closing of the public comment portion of the public hearing.
g. If the public hearing is a quasi judicial proceeding, the applicant or appellant whose matter is before the City Council shall be afforded the opportunity to respond to, and/or rebut, comments made by members of the public and to make any brief closing commentsrespond to questions posed by members of the public and/or rebut or provide clarification response to comments and other assertions made by members of the public.
May 12, 2025 Special CC Mtg Page 29 of 116
Procedural Manual – City Council of the City of San Fernando 12 h. Councilmembers may also the pose additional questions to City staff and/or applicants/appellants before proceeding to step (i) below. project applicants or appellants before it begins deliberations on the matter. i. The City Council shall then deliberate on the matter until such time as the City Council is ready to entertain a motion to close the public hearing and vote on the matter.
j. If the City Council wishes to receive additional information before taking action on the matter, the City Council may move to reopen the public hearing so that the City Council may receive additional information. The City Council may also move to continue the public hearing to an upcoming meeting date so that City staff may gather additional information requested by the City Council or engage with the applicant/appellant on issues raised during the public hearing.
2.9 PUBLIC HEARING ITEMS
When applicable law requires the conduct of a public hearing as part of the City Council’s consideration and approval of a matter, the City Council shall conduct a public hearing and comply with all statutorily prescribed meeting notice and hearing procedures. Such public hearings shall allow for public comment before action may be taken on the matter and such public comment shall be separate from the public comment afforded under the Public Statements portion(s) of the agenda. Written comments submitted before the start of the public hearing shall be distributed to the City Council members. The City Council reserves the right to conduct public hearings on other non-quasi-judicial or non-ministerial matters for which public hearings are not otherwise required provided the conduct of such hearing does not conflict with any other applicable laws or does not constitute a violation of a person's right to due process or equal protection under State or federal law. The following are typical items which require the holding of a public hearing by the City Council prior to formal action:
a. Abandonment of Streets
(Amendments to Fees and Areas of Benefit)
b. Amendments to the Zoning and Ordinances which are Site Specific c. Budget Adoption
d. Conditional Use Permit Appeals
e. Franchises, Granting of
f. General Plan Amendments
g. Grant/Fund Applications When Federal/State Regulations so Mandate h. Housing and Community Development Act Funds
i. Moratorium Extensions
j. Thoroughfare Improvements
k. Underground Utility Districts, Establishment of
I. Vehicle Code Enforcement on Private Streets
m. Zoning Map Changes
n. Zone Variance Appeals
May 12, 2025 Special CC Mtg Page 30 of 116
Procedural Manual – City Council of the City of San Fernando 13 Other typical items may come before the City Council from time to time, for which State or Federal laws require the holding of a public hearing. In addition, the City Council may call for a public hearing for other items.
2.10 NON-AGENDA ITEMS
No matters other than those appearing on the posted agenda shall be acted upon by the City Council except as permitted under the Brown Act. in accordance with the procedures set forth in the Ralph M. Brown Act, codified at Section 54950 et seq. of the California Government Code. Any request to place a matter of business on a future agenda must be made in accordance with paragraph b of Section 2.2.
A proposal to create an Ad Hoc Committee for a matter or topic not directly related to the City Council's consideration and deliberation of an agendized action item must be agendized at a future meeting date before final action to create the Ad Hoc committee and to appoint its members can be taken.
2.11 CONCLUDING A MEETING VS ADJOURING (CARRYING-OVER) A MEETING PURSUANT TO GOVERNMENT CODE SECTION 54955. ADJOURNMENT
a. Closing a Meeting. To close any meeting of the City Council because all agendized business has been completed or otherwise addressed, the presiding officer shall ask the City Councilmembers present if there is any opposition to adjourning the meeting and if there is no such opposition, the presiding officer shall declare the meeting adjourned thereby closing the meeting. If there is opposition to ending the meeting, the presiding officer shall then move to adjourn (close) the meeting and if there is a second, the City Council shall vote on the motion to adjourn (close) the meeting.
b. If the City Council intends to adjourn (i.e., continue or carry-over) a meeting in the manner prescribed by Government Code Section 54955 to some date other than the next regular meeting date, the presiding officer shall ask the City Council members present if there is any opposition to adjourning the meeting to a specific date, time and location and if there is no such opposition, the presiding officer shall declare the meeting so adjourned and direct the City Clerk to satisfy all noticing requirements prescribed by Government Code Section 54955. If there is opposition to adjourning the meeting as proposed, the presiding officer shall then move to adjourn the meeting and if there is a second, the City Council shall vote on the motion to adjourn as originally proposed by the presiding officer. The presiding officer may also entertainrain motions prescribing alternatives.
To allow clarification of the record, a motion to adjourn a meeting to the next regular meeting should specify this. A motion to adjourn to an adjourned meeting shall specify the date, time and place of said adjourned meeting.
May 12, 2025 Special CC Mtg Page 31 of 116
Procedural Manual – City Council of the City of San Fernando 14
3. PRESIDING OFFICER
3.1 PRESIDING OFFICER
The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Vice-Mayor shall so preside. In the absence of both the Mayor and Vice-Mayor, the City Council shall elect a temporary Presiding Officer to serve until the arrival of the Mayor or Vice-Mayor or until adjournment.
3.2 CALL TO ORDER; LACK OF A QUORUM
a. The meeting of the City Council shall be called to order by the Mayor or if the Mayor is absent, the Vice-Mayor. In the absence of both the Mayor and the ViceMayor, the meeting shall be called to order by the City Clerk, whereupon the City Clerk shall immediately call for the selection of a temporary Presiding Officer. In the absence of a quorum of three (3) Councilmembers, the City Clerk shall call the meeting to order and declare the same adjourned to a stated day and hour. b. If, as of the posted start time of a meeting, less than a quorum of the City Council is present, those members present (or the City Clerk if no members are present) may (i) wait for a reasonable amount of time for a sufficient number of City Council members to arrive; and/or (ii) adjourn the meeting in the manner prescribed under Government Code Section 54955, including simply adjourning the meeting to the next regular meeting date. If, prior to the start time of a meeting, it is confirmed by the City Clerk that a quorum will not be achieved for the meeting, the City Clerk shall promptly post a notice of adjournment advising that the meeting has been cancelled for lack of a quorum. Such notice shall also specify whether the business of the cancelled meeting will simply be carried over to the next regular meeting date or whether such business will be carried over to an adjourned meeting within the meaning of Government Code Section 54955.
3.3 PARTICIPATION OF PRESIDING OFFICER
TAlthough the Presiding Officer is primarily responsible for the conduct of the meeting, ; however, he/she may move, second and debate from the Chair, subject only to such limitations of debate as are imposed on all Councilmembers, and shall not be deprived of any of the rights and privileges of a Councilmember by reason of being the Presiding Officer.
3.4 STATEMENT OF THE MOTION OR QUESTION QUESTION OR MOTION TO BE STATED
The Presiding Officer may shall may verbally restate each motion or question question immediately prior to commencing deliberation on the motion/question or calling for the vote on the same to ensure that all voting members understand what is being moved. Following the vote, the Presiding Officer (or City Clerk) shall announce whether the motion passed or failed, question was carried or defeated, May 12, 2025 Special CC Mtg Page 32 of 116
Procedural Manual – City Council of the City of San Fernando 15 and may summarize the action taken by the City Council before proceeding to the next item of business.
3.5 SIGNING OF DOCUMENTS
The Mayor shall sign all ordinances, resolutions and other City Council-approved legal documents that must be signed by a mayor. Except where the authority to execute a contract or other legal instrument has been delegated to the City Manager or a City Department head by ordinance or other City Council action, the Mayor shall also sign contracts for the City. and contracts approved by the City Council. In the absence of the Mayor, the Vice-Mayor shall sign all such documents as have been adopted and approved by the City Council. In the absence of the Mayor and Vice-Mayor, the temporary Presiding Officer shall sign all such documents.
3.6 MAINTENANCE OF ORDER
The Presiding Officer with the assistance of the sergeant-of-armsis responsible for the maintenance of order and decorum at all times. No person shall be allowed to speak who has not first been recognized by the Presiding Officer. All questions and remarks should be addressed to the Presiding Officer.
3.7 DURATION OF MEETING
If a meeting exceeds four hours in duration, the Presiding Officer may call for a motion to adjourn all remaining items of business to (i) an adjourned meeting within the meaning of Government Code Section 54955;, (ii) a special meeting; or to (iii) the next regular meeting. For purposes of this section, the four-hour limit is inclusive of any special meeting, adjourned regular meeting or adjourned special meeting held immediately before or after a regular meeting
4. RULES, DECORUM, AND ORDER
4.1 POINTS OF ORDER
The Presiding Officer shall determine all Points of Order subject to the right of any Councilmember to appeal to the City Council. If an appeal is taken, the question shall be, “Shall the decision of the Presiding Officer be sustained?” in which event a majority vote shall govern and conclusively determine such question of order.
4.2 DECORUM AND ORDER – COUNCILMEMBER
a. Councilmembers shall accord the utmost courtesy to each other, to City employees, and to the general public appearing before the City Council and shall refrain at all times from derogatory remarks.
May 12, 2025 Special CC Mtg Page 33 of 116
Procedural Manual – City Council of the City of San Fernando 16 b. Every Councilmember desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine discussion to the question under debate.
c. Every Councilmember who has been recognized to speak by the Presiding Officer and who wishes to pose a desiring to question to the administrative staff should address questions through to the City Manager or City Attorney who shall be entitled to either answer the inquiry directly or to designate some member of the staff for that purpose.
d. A Councilmember, once recognized, shall not be interrupted while speaking, unless called to order by the Presiding Officer, or a Point of Order is raised by another Councilmember, or the speaker chooses to yield to questions from another Councilmember.
e. If a Councilmember is called to order while speaking, he/she shall cease speaking immediately until the question of order is determined; and if ruled out of order shall remain silent or shall alter his remarks so as to comply with rules of the City Council.
f. Any Councilmember may move to require the Presiding Officer to enforce the rules. A majority of the City Council shall require enforcement of the rules if the Presiding Officer has refused.
4.3 DECORUM AND ORDER – EMPLOYEES
Members of the Administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the City Council.
The City Manager shall insure that all City employees observe such decorum. Any staff member, including the City Manager, desiring to address the City Council or members of the public shall first be recognized by the Presiding Officer. All remarks should be addressed to the Presiding Officer and not to any one individual Councilmember or public member.
4.4 DECORUM AND ORDER – PUBLIC
The City Council, elected by the public, must be free to discuss and address issues confronting the City in an orderly environment. Although Government Code Section 54954.3(c), prohibits the City Council from prohibiting public criticism of the policies, procedures, programs or services of the City, or of the acts or omissions of the City Council, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including, but not limited to, conduct that (i) prevents other members of the public or the City Council from being heard when it is their turn to speak; (ii) prevents members of the audience from hearing or seeing the proceedings; and/or (iii) speaking off topic or speaking beyond the allotted speaking time limit. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent threat of physical harm. Unrecognized remarks from the audience, clapping, stamping of feet, whistles, yells and similar demonstrations which do not permit the meeting to proceed in an orderly manner May 12, 2025 Special CC Mtg Page 34 of 116
Procedural Manual – City Council of the City of San Fernando 17 will not be allowed and will be considered out of order.
The City Council, elected by the public, must be free to discuss issues confronting the City in an orderly environment. Public members attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. Any person making impertinent derogatory or slanderous remarks or who becomes boisterous while addressing the City Council or while attending the City Council meeting may be removed from the room if the Presiding Officer so directs the sergeant-at-arms and such person may be barred from further audience before the City Council.
Unrecognized remarks from the audience, clapping, stamping of feet, whistles, yells and similar demonstrations which do not permit the meeting to proceed in an orderly manner shall not be permitted by the Presiding Officer, who may direct the sergeant at-arms to remove such offenders from the room if they do not cease upon request by the Presiding Officer. Aggravated cases shall be prosecuted by appropriate complaint signed by the Presiding Officer.
4.5 ENFORCEMENT OF DECORUM
The Chief of Police shall be ex -officioer sergeant-at-arms for of the City Council, but may delegate such duties to any one or more sworn police officers of the City as needed. He/she The sergeant-at-arms and those delegated sergeant-at-arms responsibilities shall carry out all orders and instructions given him by the Presiding Officer for the purpose of maintaining decorum in the City Council Chambers. Per Government Code Section 54957.95, the Presiding Officer may order the sergeant-of-arms to remove any person who persists with disruptive behavior following an initial warning and may also order the sergeant-of-arms to immediately remove anyone, without warning, who engages in behavior that constitutes a true threat of force within the meaning of Government Code Section 54957.95.
Upon instructions from the Presiding Officer, it shall be the duty of the Chief of Police or his representative to eject any person from the City Council Chambers or place such person under arrest or both. (Robert’s Rules of Order)
4.6 CONFLICTS OF INTEREST PERSONAL INTEREST
i. State law prohibits Councilmembers from participating in certain governmental decisions that may come before the City Council when the governmental decision can have a material and reasonably foreseeable effect (good or bad) on an a financial interest of the Councilmember and the effect is unique from the effect the decision will have on the public generally (California Political Reform Act, Government Code Section 81000 et seq. and See also the Common Law Conflict of Interest Doctrine which can have broader application). In other instances, a Councilmember’s interest in a contract that may come before City decisionMay 12, 2025 Special CC Mtg Page 35 of 116 Procedural Manual – City Council of the City of San Fernando 18 makers for approval may prevent City decision makers from approving the contract at all, even if the interested Councilmember agrees to recuse himself/herself from voting on the contract (Government Code Section 1090).
State law also prohibits Councilmembers from voting on certain matters before the City Council that affect the interests of campaign contributors (Government Code Section 84308). The preceding summary of laws is not exhaustive and the fact that an applicable law is not expressly referenced in these policies does relieve a Councilmember from complying with such laws.
ii. A conflicted Councilmember is not only prohibited from voting on the matter for which he/she has a conflict, the Councilmember must also refrain from participating in any pre-decisional planning, discussion, deliberation and/or strategizing on the matter with City staff and his/her City Council colleagues and refrain from efforts to influence City Council colleagues and others participating in the decision-making process.
iii. As the analysis of conflicts laws as applied to individual circumstances can be complex, nuanced and often fact-specific, Councilmembers are strongly encouraged to be alert to potential conflicts and consult with the City Attorney, the Fair Political Practices Commission or their own legal counsel whenever there is a concern about a conflict and well in advance of any City Council consideration of the matter. Failure to comply with State laws can expose a Councilmember to significant penalties and other legal liabilities, including criminal liability. iv. If a Councilmember has a disqualifying conflict of interest, he/she must recuse himself/herselfthemselves from participating in the matter. In the context of a City Council meeting this means that the Councilmember must state the nature of the conflict on the records and step down from the dais, except in the case of matters to be approved on the Consent agenda. It is also noted that abstention from a matter is not the same as recusal because in abstaining the Councilmember remains on the dais, is counted toward the quorum and is therefore deemed to be participating in the making of the decision.
No Councilmember disqualified from participation under State law or the City’s Conflict of Interest Code shall remain at the Council dais during the debate or vote on any such matter. The Councilmember shall publicly state the grounds for disqualification on the record and upon acceptance by the Presiding Officer shall leave the Council dais during the debate or vote on the issue.
4.7 LIMITATIONS OF DEBATE
No Councilmember should be allowed to speak more than once upon any one subject until every Councilmember choosing to speak has spoken. A Councilmember who does not have the floor may interject and address the Presiding Officer with the following: (a) Questions of Privilege (e.g., audience members cannot hear, issue with conditions in the chambers or member needs to May 12, 2025 Special CC Mtg Page 36 of 116
Procedural Manual – City Council of the City of San Fernando 19 excuse himself/herself); (b) Points of Information (e.g., to get simple brief clarification on procedures or simple clarifying information related to the business at hand); or (c) Points of Order (e.g., to enforce rules of decorum or to disagree with Presiding Officer’s application of procedures).
Merely asking a question, or making a suggestion, is not considered as speaking. (Robert’s Rules of Order)
4.8 DISSENTS AND PROTESTS
During that portion of the agenda entitled General City Council/Board Member Comments and Liaison Updates, Aany Councilmember shall have the right to express dissent from, or protest to, any action of the City Council and request that the reason be entered into the minutes. Councilmembers should refrain from voicing their dissent or protest when roll call on the matter is being taken, however, incidental to voting Yes, No or Abstain the Councilmember may preface his/her vote with a very brief, concise and succinct statement of their reasoning. .. (Robert’s Rules of Order)
4.9 PROCEDURES IN ABSENCE OF RULES
Where these policies are silent as to a matter of procedure, the Presiding Officer may refer to Robert’s Rules of Order for guidance in making a ruling, provided that the ruling may be overturned by majority vote of members present. The foregoing notwithstanding no procedures shall be followed that violate applicable State or federal law. In the absence of a rule to govern a point or procedure, Robert’s Rules of Order shall govern. (Suggested League of California Cities Procedure)
5. ADDRESSING THE CITY COUNCIL
5.1 MANNER OF ADDRESSING THE CITY COUNCIL
A. During the public comment portion of a regular meeting, members of the public may address the City Council on agenda items before consideration or on any subject matter within the City Council’s jurisdiction. Members of the public who are physically present must address the City Council from the speaker’s podium and members of the public participating remotely must do so thorough the two-way remote participation means established by the City. No member of the public shall may begin speaking enter into any discussion without first being recognized by the Presiding Officer or the City Clerk in the case of those participating remotely. (Robert’s Rules of Order). All remarks and questions must shall be addressed to the City Council as a body and not to any individual Councilmember, City employee or member(s) of the audience. Presiding Officer and not to any individual Councilmember, staff member or other person.
B. Any member of the public who wishes to address the desiring to address the City Council in person shall present the City Clerk with a speaker’s card, stating his/her name. For purpose of To facilitate staff follow up, the speaker may also provide his/her address. Members of the public may call-in to the telephone May 12, 2025 Special CC Mtg Page 37 of 116
Procedural Manual – City Council of the City of San Fernando 20 number listed on the agenda, using the meeting ID and Passcode. When connecting to the Zoom meeting to speak, you will be placed in a virtual “waiting area,” with your audio disabled. When it is your turn to speak, you will be identified by announcing the last four digits of your telephone number. To unmute press *6 on your phone and begin your comment. Comments will be heard in the order received, and limited to three minutes. If necessary, the call-in period may be extended by the Mayor. Note: This is audio only and no video. [INSERT PROSESS FOR ONLINE PARTICIPANTS TO SPEAK]
C. Public Remote Participation: Effective January 1, 2026, members of the public may address the City Council remotely for all meetings of the City Council in the manner prescribed under the Brown Act as amended by Senate Bill 707 (Durazo)(“SB 707”) and these policies. The City shall have sole discretion as to the technological means most practical and feasible for allowing members of the public to participate remotely. All restrictions, limitations and rules applicable to members of the public who address the City Council in person shall apply to those addressing the City Council remotely, unless otherwise mandated under SB 707.
D. Remote Participation Disruption Policy: It shall be the policy of the City Council to adopt a procedure to manage disruptions to two-way remote participation tools during Brown Act meetings to comply with SB707. The following procedure shall apply constitute the adopted policy of the City for meetings of all bodies of the City subject to the Brown Act and these instructions shall be included in all posted agendas:
Pursuant to Senate Bill 707, each qualified legislative body shall provide two-way remote participation, ensuring public participation, not only in person but also through a two-way phone or video platform that includes but is not limited to Zoom or Microsoft Teams. In the event of a disruption that makes two-way remote participation not possible during a meeting, the legislative body shall recess for no less than one hour to make good faith efforts to restore service. If service cannot be restored after one hour, the legislative body shall adopt, by roll-call vote, a formal finding affirming that reasonable efforts were taken to resolve the disruption and that resuming the meeting serves the public interest more than further delaying it to find a resolution. To the extent lawfully agendized closed session matters appear on the agenda of the disrupted meeting, the body reserves the right to recess to closed session to address those agendized closed session items during the one-hour recess to mitigate delays in the transaction of business.
E. In lieu of in-person or remote comments, Mmembers of the public that cannot attend the meeting may also submit comments in writing a letter or statement to include in the record, which must be received by the City Clerk’s May 12, 2025 Special CC Mtg Page 38 of 116
Procedural Manual – City Council of the City of San Fernando 21 Office no later than 12:00 pm on the day of the meeting to be provided to the City Council and made available for public review. The City Clerk will not read written comments. and the member of the public must be present to address the City Council. Public comment will not be accepted via telephone or video conference, or other medium of communication.
F. During a public hearing, all remarks shall be limited to the subject under consideration. For a special meeting, members of the public may only address the City Council concerning items any item listed on the agenda. before or during consideration. Unlike regular meetings, the City Council does not have to allow public comment on non-agenda matters.
5.2 TIME LIMITATION AND TRANSLATION
A. Time Limits: Except as otherwise required under Government Code Section 54954.3(b)(2), Aany member of the public public member addressing the City Council, whether during the Public Statement portions of the agenda or as part of a separate public hearing, shall limit his/her address to three (3) minutes. The Presiding Officer or majority of the City Counsel reserve the right to shorten speaker time as reasonable and appropriate because of the presence of a large number of people wishing to speak on a matter, the volume of business before the City Council or other similar circumstances. unless further time is granted by the Presiding Officer or majority of the City Council.
B. Time Limits and Translation: Paragraph A notwithstanding, as required by Government Code Section 54954.3(b)(2), each legislative body of the City that is subject to the Brown Act shall provide at least twice the allotted time to a member of the public who utilizes a translator. The foregoing notwithstanding, as provided under Government Code Sectio 54954.3(b)(3), the legislative body shall be under no obligation to provide twice the allotted time when simultaneous translation equipment is used that allows the legislative body to hear the translated public testimony simultaneously.
C. Facilitating Third-Party Translation. As provided under Government Code Section 54953.4(b)(2)(B), the City is under no obligation to provide interpretation of any public meeting. Nevertheless, per Government Code Section 54953.4(b)(2)(A), the City Council shall reasonably assist members of the public who wish to translate a public meeting into any language or wish to receive interpretation provided by another member of the public, so long as the interpretation is not “disrupting” to the meeting, as defined in Government Code Section 54957.95. Per Government Code Section 54957.95(b)(1), “disrupting” means engaging in behavior during a meeting of a legislative body that actually May 12, 2025 Special CC Mtg Page 39 of 116
Procedural Manual – City Council of the City of San Fernando 22 disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following: (i) q failure to comply with reasonable and lawful regulations adopted by a legislative body or any other law; and/or (ii) engaging in behavior that constitutes use of force or a “true threat of force” within the meaning of Government Code Section 54957.95(b)(2). The City Clerk shall publicize instructions on how to request assistance which may include any of the following, as determined by City Council:
(1) arranging space for one or more interpreters at the meeting location; (2) allowing extra time during the meeting for interpretation to occur; and (3) ensuring participants may utilize their personal equipment or reasonably access facilities for participants to access commercially available interpretation services. As provided under Government Code Section Government Code Section 54953.4(b)(2)(C), (i) the City Council is not responsible for the content or accuracy of any interpretation facilitated, assisted with, or provided in the manner described above; and (ii) no action shall be commenced or maintained against the City Council arising from the content or accuracy of any interpretation facilitated, assisted with, or provided in such manner.
D. The Presiding Officer shall have the discretion but not the obligation to allow members of the public to comment on items appearing on the agenda under Administrative Reports and Consent Calendar sections of the agenda.
5.3 ADDRESSING THE CITY COUNCIL AFTER MOTION IS MADE
After a motion has been made, no member of the public shall address the City Council without securing permission of the Presiding Officer or by a majority vote of the City Council. (Suggested League of California Cities Procedure)
5.4 WRITTEN CORRESPONDENCE
The City Manager is authorized to receive and open all mail addressed to the City Council as a whole, and give it immediate attention to the end that all administrative business, not necessarily requiring City Council action, may be disposed of between City Council meetings. Any communication requiring City Council action will be reported to the City Council at its next regular meeting together with a report and recommendation of the City Manager. The City Manager is authorized to open mail addressed to individual Councilmembers, unless specifically requested otherwise from an individual member.
6. MOTIONS
6.1 POLICY OBJECTIVE PROCESSING OF MOTIONS
To ensure orderly, full and fair deliberation on matters for which City Council action is sought, the following rules shall govern the making, discussion and voting on motions during City Council meetings.
May 12, 2025 Special CC Mtg Page 40 of 116
Procedural Manual – City Council of the City of San Fernando 23 When a motion is made and seconded, it may be stated by the Presiding Officer before debate. A motion may be withdrawn by the mover without the consent of the Councilmember seconding it.
6.2 OPPORTUNITY TO ASK QUESTIONS AND COMMENT BEFORE MOTIONS Councilmembers shall refrain from making motions on any agendized matter under consideration until the Presiding Officer (i) has recognized and given all members of the City Council an opportunity to ask questions and offer comment on the matter; and (ii) opens the floor for the making of motions. Once all members of the City Council have had an opportunity to ask questions and/or comment on a matter, the Presiding Officer will ask Councilmembers if they have any additional questions and/or comments. If there are no additional questions or comments the Presiding Officer will then open the floor for the making of motions.
6.3 MAKING OF MOTIONS.
All motions shall require a second in order to be voted upon. Before a motion is seconded, the Presiding Officer may recognize Councilmembers who wish to make points of order, privilege or inquiry. When a motion is made and seconded, the Presiding Officer will state (i.e., recite the motion under consideration) before deliberation on the motion or voting.
6.4 WITHDRAWAL OF MOTIONS
A Councilmember may withdraw his/her motion at any time prior to a vote on the motion, without the concurrence of the Councilmember who seconded the motion. If the motion is withdrawn it is deemed removed from consideration and will not be voted on.
MOTIONS OUT OF ORDER
The Presiding Officer, or a majority of the City Council, may at any time permit a member to introduce an ordinance, resolution or motion presently on the agenda out of the regular agenda order. (Reference Sections 2.1) (Robert’s Rules of Order)
6.5 DIVISION OF MOTION
If a motion contains two or more divisible propositions, the Presiding Officer may, and upon request of a Councilmember shall (unless appealed by another Councilmember), divide the same into two separate motions. (Robert’s Rules of Order)
May 12, 2025 Special CC Mtg Page 41 of 116
Procedural Manual – City Council of the City of San Fernando 24
6.6 PRECEDENCE OF MOTIONS
When a main motion is before the City Council, no other main motion shall be entertained except the following:
a. Adjourn
b. Fix Hour of Adjournment
c. Table
d. Previous Question
e. Amend
f. Postpone
(Robert’s Rules of Order).
6.7 MOTION TO ADJOURN (NOT DEBATABLE)
A motion to adjourn shall be in order at any time except as follows:
a. When repeated without intervening business or discussion, b. When made as an interruption of a Councilmember while speaking, c. When the previous question has been ordered, or
d. While a vote is being taken.
A motion to adjourn “to another time” (i.e., to an adjourned meeting) shall be undebatable and unamendable, except as to the time set. (Robert’s Rules of Order)
6.8 MOTION TO FIX HOUR OF ADJOURNMENT
A motion to specify a definite hour to which the subject meeting shall be adjourned is undebatable and unamendable, except as to the time set. (Robert’s Rules of Order)
6.9 MOTION TO TABLE
A motion to table shall be used to temporarily bypass the subject and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be “taken from the table” at any time prior to the end of the next meeting. (Robert’s Rules of Order)
6.10 MOTION TO CALL FOR THE PREVIOUS QUESTION
Such a motion shall be used to close debate on the main motion and shall be undebatable. If the motion fails, debate shall be reopened if the motion passes, a vote shall be taken on the main motion. (Robert’s Rules of Order)
6.11 MOTION TO AMEND
A motion to amend shall be debatable only as to the amendment. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject May 12, 2025 Special CC Mtg Page 42 of 116
Procedural Manual – City Council of the City of San Fernando 25 shall be acceptable and voted first, then the main motion as amended. (Robert’s Rules of Order)
6.12 MOTION TO CONTINUE
Motions to continue to a definite time shall be amendable and debatable as to suitability of postponement and time set for postponement. (Robert’s Rules of Order)
6.13 GENERAL CONSENT
Unless otherwise required as noted in Section 7.2, the City Council may by general, unanimous or silent consent do business with less regard for formal motions.
Where there appears to be no objection, the formality of voting can be avoided by the Presiding Officer asking if there is any objection by any Councilmember to the proposed action, and, if there is none, the Presiding Officer shall announce the result. The action thus taken is by general consent of the City Council. (Robert’s Rules of Order)
7. VOTING
7.1 VOTING PROCEDURE
Motions shall be adopted by voice vote, roll call vote or by the general consent/“no objection” method, as described in Section 6.11. The results of the vote shall be entered in full in the minutes.
The order of a roll call vote shall be designated by the City Clerk, with the Mayor voting last.
Except as otherwise provided herein, the “no objection” method for expediting lengthy agendas may be used unless any Councilmember requests a voice or roll call vote. The approval of the motion in the minutes shall be reflected as a “no objection” vote or that the motion “carried passed unanimously”. (Robert’s Rules of Order)
Roll call votes shall be taken on all ordinances, resolutions, or orders for the payment of money unless the vote is unanimous.
Motions requiring a 4/5ths affirmative vote shall should be announced by City staff prior to City Council consideration of the motion.
7.2 VOTING
Every ordinance, resolution or order for the payment of money requires three affirmative votes (with the exception of urgency ordinances, which require four affirmative votes). Any member may change his vote on any item before the next May 12, 2025 Special CC Mtg Page 43 of 116
Procedural Manual – City Council of the City of San Fernando 26 order of business. The votes shall be lost motions and may be reconsidered. (Robert’s Rules of Order)
7.3 [RESERVED] FAILURE TO VOTE
Every Councilmember should vote unless disqualified for cause. Abstentions shall not be counted as a vote.
7.4 RECONSIDERATION
Any Councilmember who voted with the majority may move a reconsideration of any action, provided (i) the motion is made at the same meeting as the action to be reconsidered was taken; (ii) it is seconded; and (iii) the action to be reconsidered is one that may be lawfully reconsidered. In addition to the foregoing, where the action to be reconsidered was the main subject of a quasijudicial proceeding (e.g., a land use appeal or entitlement application etc.), a motion for reconsideration may only be made if the applicant, appellant or other party whose interest was the subject of the proceeding is still present and is given an opportunity to address the City Council on the motion to reconsider and, if the motion to reconsider was successful, any alternative action taken by the City Council.
The motion for reconsideration may be seconded by any Councilmember. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the City Council.
(Robert’s Rules of Order)
7.5 RESCISSION
Any Councilmember may make a motion to rescind (i.e., undo) a prior action of the City Council, provided (i) the motion is seconded and (ii) the action to be rescinded is one that may legally be rescinded. Any Councilmember may second the motion to rescind. A motion to rescind:
(a) Does not bring a matter back for further consideration or debate if adopted. It simply nullifies the prior action;
(b) Can be brought at anytime, subject to any legal limitations or restrictions on the ability of the City Council to rescind a prior action; (a)(c) May be made by any Councilmember.
May 12, 2025 Special CC Mtg Page 44 of 116
Procedural Manual – City Council of the City of San Fernando 27
8. RESOLUTIONS
8.1 RESOLUTIONS PREPARED IN ADVANCE
Where a resolution has been prepared in advance, the procedure shall be:
staff/City Council report (if needed), discussion (if needed), motion, second, City Council votes, and results declared. All resolutions shall be read in full, unless the full reading is waived by unanimous consent of the City Council. Items of the Consent Calendar are automatically deemed to have the full reading waived by common consent. (Suggested League of California Cities Procedure)
8.2 RESOLUTIONS NOT PREPARED IN ADVANCE
Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Attorney or City Manager to prepare a resolution for presentation at the next City Council meeting. (Suggested League of California Cities Procedure)
8.3 URGENCY RESOLUTIONS
In matters of urgency, a resolution may be presented verbally in motion form together with specific instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure for resolutions prepared in advance as stated in Section 8.1 shall be followed. Urgency resolutions shall be avoided except when absolutely necessary and shall be avoided entirely when resolutions are required by law or in improvements acts, zoning matters and force account work on public project. (Suggested League of California Cities Procedure)
9. ORDINANCES
9.1 ORDINARY APPROVAL OF ORDINANCES.
a. Per Government Code Section 36934:
1. Ordinances require two readings to be adopted/approved: one to introduce the ordinance (first reading) and a second to adopt/approve the ordinance (second reading);
2. The second reading of an ordinance may not occur within 5 days of the first reading;
3. Second readings may only occur at regular or adjourned regular meetings; and
4. All ordinance must be read in full either at the time of introduction (first reading) May 12, 2025 Special CC Mtg Page 45 of 116
Procedural Manual – City Council of the City of San Fernando 28 or at the time of adoption/approval (second reading), except in either of the following circumstances: (i) when, after reading the title, further reading is waived by regular motion adopted by majority vote; or (ii) if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or approval/adoption.
If the motion to approve an ordinance for first reading was unanimous, the second reading of the ordinance may be agendized under the Consent Calendar. Following the second reading approval of an ordinary ordinance, the City Clerk shall comply with all notice and publication requirements called for under the Government Code or any other statutes governing the subject matter of the ordinance. Per Government Code Section 36937, ordinary ordinances become effective 30 days from the date the ordinance was approved/adopted for second reading. b. Per Government Code Section 36936 all ordinances require a recorded majority vote of the total membership of the City Council irrespective of the number of City Councilmembers’s present (i.e., a minimum of 3 votes in favor of the ordinance are needed).
c. When applicable law requires the conduct of a public hearing as part of the approval process for an ordinance, the City Council shall conduct a public hearing and comply with all other noticing and publication requirements required by law.
9.2 URGENCY ORDINANCES; INTERIM ORDINANCES.
a. Ordinances for the immediate preservation of the public peace, health or safety within the meaning of Government Code Section 36937(b); and interim ordinances within the meaning of Government Code Section 65858, including extensions of the same take effect immediately without the need for a second reading or a 30-day waiting period before becoming effective. The City shall comply with all noticing, publication, public hearing and finding requirements for all such ordinances.
9.1 INTRODUCTION (FIRST READING)
At the time of introduction, an ordinance shall be read in full, unless, after reading the title, reading is waived by unanimous consent of the City Council.
The procedure for introduction of an ordinance shall be: reading of the title by the Presiding Officer or City staff member, motion to introduce first reading, second, discussion (if needed), City Council votes, and results declared. (Suggested League of California Cities Procedure)
May 12, 2025 Special CC Mtg Page 46 of 116
Procedural Manual – City Council of the City of San Fernando 29
9.2 ADOPTION (SECOND READING)
With the sole exception of ordinances which take effect immediately (as outlined in the following sections), no ordinance shall be adopted by the City Council on the day of introduction, nor within five days thereafter, nor at any time other than a regular or adjourned meeting.
If the Ordinance was unanimously approved at the time of introduction, adoption (second reading) of the ordinance may be placed on the Consent Calendar with the recommendation that City Council waive full reading of the ordinance and adopt by title only. If it was not unanimously approved at the time of introduction, the ordinance shall be read in full unless, after reading the title, the full reading is waived by unanimous consent of City Council. Unless approved on the Consent Calendar, the procedure for adoption of an ordinance shall be:
reading of the title by the Presiding Officer or City staff member, motion to pass, second reading and adoption of ordinance second, discussion, vote and result declared. (Suggested League of California Cities Procedure)
9.3 AMENDMENT FOLLOWING INTRODUCTION
In the event that an ordinance is altered after its introduction, a motion for an amended introduction shall be required. The ordinance shall not be considered for adoption until five days thereafter and not at any meeting other than a regular or adjourned meeting. The correction of typographical or clerical errors shall not constitute making an alteration within the meaning of this Section.
9.4 EFFECTIVE DATE
All ordinances, except as listed below, shall become effective 30 days after adoption, or upon such later date as may be designated in the ordinance. The following ordinances shall become effective immediately upon adoption:
a. Urgency Ordinances;
b. Ordinances calling, or otherwise relating to, an election; c. Ordinances relating to street improvement proceedings; d. Ordinances relating to taxes for the usual and current expenses of the City; or
e. Ordinances covered by particular provisions of law prescribing the manner of their passage and adoption.
9.5 PUBLISHING
It shall be the duty of the City Clerk to cause each ordinance to be published within 15 days after adoption with the names of those May 12, 2025 Special CC Mtg Page 47 of 116
Procedural Manual – City Council of the City of San Fernando 30 Councilmembers voting for and against the ordinance.
9.6 URGENCY ORDINANCES
Any ordinance declared by the City Council to be necessary as an urgency measure for preserving the public peace, health or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at the same meeting. Such Ordinance must be passed by at least four affirmative votes.
10. [RESERVED] MINUTES
10.1 PREPARATION OF MINUTES
It is the City Clerk’s responsibility to maintain the record (minutes) of City Council meetings. Minutes shall be approved by the City Council, to lend further weight to the accuracy and completeness of the record. The City Clerk shall have exclusive responsibility for preparation of the minutes and any directions for changes to conform with fact shall be made by action of the City Council.
The City Clerk shall keep “Action Minutes” in order to maintain a full and true record of all proceedings of the City Council. The minutes shall consist of a clear and concise statement of each and every City Council action including the motions made and the vote thereon. Reasons for making motions or voting, City Council debate and audience reaction are generally not included in the minutes. Such items may be included if considered to be particularly relevant or otherwise necessary by the City Clerk.
10.2 ABSENCE OF CITY CLERK
If the City Clerk is absent from a City Council meeting, the Deputy City Clerk shall act. If there is none, the Mayor shall appoint one of the Councilmembers as City Clerk Pro Tem. (Government Code Section 36804)
11. REORGANIZATION
11.1 11.1 SELECTION OF MAYOR AND Vice-Mayor
Pursuant to Government Code Section 36801 “The City Council shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Elections Code Sections 10262 and 10263 and, following the declaration of the election results and the installation of elected officials, choose one of its members as Mayor and one of its members as Mayor Pro Tempore.” The terms of office of the Mayor of the City Council and ViceMay 12, 2025 Special CC Mtg Page 48 of 116 Procedural Manual – City Council of the City of San Fernando 31 Mayor shall be for one year, or until their successors have been chosen. In those years in which a general municipal election is not held, the City Council shall choose a Mayor of the City Council and Vice-Mayor at the first regular meeting in December. Annually, the City Council shall undertake a reorganization to choose one of its members to serve as Mayor and another to serve Vice-Mayor/Mayor Pro Tempore. The dates for undertaking the annual reorganization shall be as follows:
(a) In even numbered years, the City Council, as mandated by Government Code Section 36801, shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore.
(b) In odd numbered years, the City Council shall meet at the first regular meeting date falling on or immediately following the one-year anniversary of the date of the prior year reorganization.
Nothing herein shall be deemed or construed to prohibit any person from serving any number of consecutive one-year terms as Mayor or Vice-Mayor mayor pro tempore. in any office in this City.
The following procedure shall be used:
Election of Mayor:
a. City Clerk opens the nominations for the position of Mayor b. Nomination(s) is/are made for Mayor, and seconded
c. Hearing no objections, motion to close nominations
d. City Clerk conducts a roll call vote and each Councilmember announces their his/her vote selection vote for Mayor from among the nominees. e. The first nominee to receive at least 3 votes shall be the City Council appointee for Mayor. If no nominee receives 3 votes during the first round of voting, nominees receiving 1 vote or less will be removed from further consideration and successive rounds of voting from the remaining nominees will be conducted in the same manner until there is a nominee receiving at least 3 votes.
f. If after 5 rounds of voting no nominee succeeds in obtaining 3 or more votes, the City Council by majority vote may agree on some alternative means of selecting the Mayor from among the remaining nominees, including methods of chance, drawing names, removing one or more Councilmembers from consideration, and/or vacating the current seat.
g. until a Mayor is elected by majority vote
h.g. City Clerk announces the results
Election of Vice-Mayor: (City Clerk to follow steps a-e above) May 12, 2025 Special CC Mtg Page 49 of 116
Procedural Manual – City Council of the City of San Fernando 32
11.2 SELECTION OF CITY COUNCIL LIAISONS AND DELEGATES
After the procedure prescribed in Section 11.1 has been completed, the Mayor, with the consent of a majority of the City Council, may appoint new City Council liaisons/delegates to the various City Committees and Commissions, or as liaison/delegate to any other organization as may be appropriate. Nothing in this Section would prohibit the Mayor, with approval of a majority of the City Council from making changes or other appointments during any other time.
11.3 REORGANIZATION CITY COUNCIL MEETING
The reorganization meeting shall be limited to reorganization-related matters, the consent calendar matters, ordinance that require a second reading of a previously introduced ordinance, any matters the City Council has previously directed to be heard at the reorganization meeting, and any urgent matters identified by City staff that cannot reasonably be postponed to the next City Council meeting.
12. COMMITTEES
12.1 GENERAL
The Mayor may, subject to concurrence of a majority of the City Council: (a) designate standing and ad hoc committees (collectively “Committee”); and (b) make appointments to all committees.
Each standing committee shall consist of two (2) Councilmembers. An ad hoc committee may consist of either one or two Councilmembers.
12.2 PURPOSE
The primary purpose of each Committee is to provide a forum for the thorough vetting of matters within the committee’s subject matter jurisdiction, before they are presented to the City Council. A secondary purpose is to provide guidance to City staff on matters within the committee’s subject matter jurisdiction, enabling staff to obtain interim guidance as they develop and refine matters for presentation to the City Council. The objective is to eliminate, to the extent possible, those situations where the City Council is forced to deal with large and difficult issues at their meetings without any prior formal discussion or analytical input to guide staff’s work product.
Ad hoc committees shall have a clear and definite scope and will be dissolved upon completion of the scope, unless otherwise extended by the City Council with a new scope. Ad hoc committees are less formal than standing committees and are therefore not subject to the requirements of the Ralph M. Brown Act.
May 12, 2025 Special CC Mtg Page 50 of 116
Procedural Manual – City Council of the City of San Fernando 33
12.3 LIMITATIONS ON AUTHORITY
No committee may approve a contract or expenditure of funds.
No committee may provide any direction to City staff, the City Attorney, or consultants engaged by the City, except that a City Council standing committee may provide such direction at a duly noticed meeting of a standing committee, where such direction concerns a matter that is within the subject matter jurisdiction of the standing committee, such direction does not conflict with the policies or direction established by the City Council, and where such direction will not result in an expenditure of resources in excess of the applicable amounts allocated in the approved annual budget.
12.4 APPLICABLE LAWS AND REGULATIONS
All City Council standing committees shall comply with the requirements of the Ralph M. Brown Act. All City Council standing committees shall comply with the procedures set forth in Sections 1 through 5, inclusive, of this Procedural Manual, to the extent reasonably practicable. In the event of any conflicts between the provisions of Sections 1 through 5 and the provisions of this Section 12, the latter shall control.
12.5 MEETING DATE AND TIME
By agreement of both members, each standing committee shall establish a time and place for regular meetings, as required by the Ralph M. Brown Act. In order to minimize the extra demands on City staff, and to maximize public participation, each standing committee shall, to the maximum extent possible, conduct its business at the regularly scheduled meeting.
12.6 QUORUM
Only one member of a committee must be present in order to establish a quorum.
The scheduling of meetings so as to facilitate the participation of both members of a two-person committee is strongly encouraged.
12.7 STAFFING
The City Manager shall appoint a staff member to be the primary staff liaison for each standing committee. The designated staff liaison shall coordinate all meetings of the standing committee, ensure that each meeting is recorded via audio-tape and cause the recorded audio-tape(s) to be delivered to the City Clerk upon completion of the meeting. The recorded audio-tape(s) shall be retained by the City Clerk for the same period as recorded audiotapes of City Council meetings.
The designated staff liaison shall work with the City Manager to ensure that the appropriate staff member(s) attend the meetings of the standing committee, and that the direction provided by the standing committee is carried out.
May 12, 2025 Special CC Mtg Page 51 of 116
Procedural Manual – City Council of the City of San Fernando 34
12.8 AGENDAS
The agenda for all regular meetings of a standing committee, with all background staff reports, shall be available to the public at the meeting and 72 hours in advance of the regular meeting (24 hours in advance of a special meeting) at the City Clerk’s office. The Agenda may be amended in accordance with State law, prior to any meeting.
When the City Council desires to have an item placed on an agenda for an upcoming meeting of a standing committee, the City Council shall provide the designated staff liaison with that directive at a meeting of the City Council. At that time, the City Council may also charge the designated staff liaison with the responsibility for conducting preliminary research and collecting/preparing any written materials that may aid the Committee in its discussion of the matter.
12.9 REPORT ON ACTIVITIES OF STANDING COMMITTEES
The agendas for City Council meetings shall include a section entitled Standing Committee Updates. The Committee Chair is responsible for making a brief report on the activities of the committee to the full City Council. If there is nothing to report, then “Nothing to Report” is an acceptable comment.
All written materials presented to a standing committee are public records, and shall be maintained as directed by the City Clerk.
13. PROCEDURE FOR FILLING CITY COUNCIL VACANCIES
13.1 If a vacancy occurs to any City Council seat, the vacancy may be filled by appointment or by special election in compliance with Government Code Section 36512(b). The filling of vacancies by appointment shall be subject to the restrictions of Government Code section 36512(d)(1) which prohibits the filling of a vacancy by appointment if the appointment would result in a majority of the members serving on the City Council being appointees.
13.1 13.2 If the City Council elects to fill a vacancy to a City Council seat by appointment, any appointment shall be made in subject to the following procedures:
a. At a regular or special meeting of the City Council, the City Council shall direct the City Clerk to make an application available, at the earliest possible date and time, for individuals interested in being appointed to the vacant City Council seat, and establish a reasonable due date for the applications. b. At a regular or special meeting of the City Council, the City Council will allow all applicants to address the City Council for the purpose of stating their experience and qualifications for being granted the appointment. The City Council shall determine the uniform amount of time candidates will receive to address the City Council.
b.
May 12, 2025 Special CC Mtg Page 52 of 116
Procedural Manual – City Council of the City of San Fernando 35 c. Following the presentations by potential appointees, the City Council will receive comment from interested members of the public.
c.
d. Following public comment, the City Council may commence deliberation on one of the following options:
d.
i. Make an appointment to fill the vacant City Council position and direct the City Clerk to administer the Oath of Office; or i.
ii. Defer making an appointment until Councilmembers have had additional time to consider the applicants, and a further opportunity should they wish to interview the finalists one-on-one. ii.
e. As provided under Government Code Section 36512, if the City Council does not fill the vacancy by appointment within 60 days from the date of the vacancy or fails to call an election within 60 days from the date of the vacancy, the vacant seat shall automatically be filled by election as provided under Government Code section 36512 and other applicable laws.
14. PRIORITY GOAL SETTING MEETING
14.1 The City Council shall hold a special study session every year during the budget process to set priorities and goals for the subsequent fiscal year. The purpose of setting goals and priorities is to provide the City Manager with guidance for allocating funds in the City Manager’s Proposed Budget.
14.1 a. City Council goals articulate city-wide long-term strategic goals and objectives that the organization strives to achieve over the next three to five years. Goals tend to remain relatively stable over time.
a.
b. Priorities are specific short-term items that are reasonably achievable in the upcoming fiscal year. Priorities typically fit within city-wide goals but provide more specific focus for the upcoming fiscal year.
b.
14.2 When setting goals and priorities, City Council shall take into consideration staff resources available to accomplish said goals and priorities. The goals and priorities should be reviewed semi-annually (i.e., twice a year) with the City Manager and updated to reflect goals and priorities that are reasonably attainable given limited staff resources.
May 12, 2025 Special CC Mtg Page 53 of 116
Procedural Manual – City Council of the City of San Fernando 36
15. OFFICIAL LETTERHEAD AND OTHER STATIONERY USE POLICIES
15.1 AUTHORIZED USE OF LETTERHEAD
Official City letterhead or any other official Stationery of the City must be used with care to avoid misunderstandings, including but not limited to, misrepresentations of official City Council-approved policies or actions. When authorized or otherwise directed by a majority of the City Council at a duly noticed meeting of the City Council, official City letterhead and/or other official Stationery may be used by members of the City Council to communicate official City Councilapproved action or policy. Without the prior approval of the City Council but subject to the restrictions and requirements of this Section below and Section
15.3, an individual Councilmember may use official City letterhead and/or other official Stationary for the following purposes, provided the Councilmember makes clear in the correspondence that he or she is communicating in his or her individual capacity and not on behalf of the City or the City Council as a body: (i) to acknowledge the receipt of communications submitted to the Councilmember by members of the public; (ii) to offer simple congratulations or appreciation to members of the public for their civic involvement or personal achievements which reflect positively on the San Fernando community; (iii) to offer simple condolences and/or best wishes to members of the public who have endured personal hardship or loss; (iv) to respond to inquires by members of the public seeking publicly available and non-privileged information about City programs or services; or (v) to request information from other public agencies or non-City organizations; or (vi) to express personal support for legislation or other public policies or initiatives, provide it is made clear by the Councilmember that the Councilmember is expressing such support in his or her individual capacity and not on behalf of the City Council as a body.
15.2 UNAUTHORIZED USE OF OFFICIAL LETTERHEAD OR OTHER OFFICIAL STATIONERY In addition to any other prohibition set forth under this Chapter, elsewhere in this Manual, under the San Fernando Municipal Code or State law or Federal law, no member of the City Council communicating with any other person or entity through the medium of official City letterhead or other official Stationery of the City, may represent that he or she is communicating or otherwise acting in a representative capacity for the City Council or the City or communicating a position or opinion in the name of the City Council or the City unless the City Council has been expressly authorized to do so by a majority of the City Council at a duly noticed meeting of the City Council. The City Council reserves the right to request that any communications using City letterhead or other City Stationery which are issued in the name of the City Council or the City must be reviewed and vetted by the City Council as a body at a duly noticed meeting of the City Council before the communication is disseminated. Under no circumstances may City letterhead or other official Stationary be used in any manner that (i) would May 12, 2025 Special CC Mtg Page 54 of 116
Procedural Manual – City Council of the City of San Fernando 37 constitute a violation of Government Code Section 8314, Government Code Section 82041.5 or any other applicable statute or regulation governing the use of public resources; or (ii) that discloses confidential or privileged information that a Councilmember has acquired in his or her official capacity as a member of the City Council where such disclosure may only be made with the consent of the City Council acting as a body and such consent has not been formally granted by the City Council acting as body.
15.3 PREPARATION OF COMMUNICATIONS USING OFFICIAL LETTERHEAD OR OTHER
OFFICIAL STATIONERY
It shall be the official policy of the City to have all City Councilmember communications using official City letterhead or other official Stationery prepared by secretarial staff of the City Manager’s office, with prior verbal or written notice by the requesting Councilmember to the City Manager. City secretarial staff may not commence the drafting of such communications until the City Manager has confirmed either verbally or in writing that the City Manager has been notified of a Councilmember’s request to communicate using official City letterhead or other official Stationery of the City. The City Manager reserves the right to review all such communications before they are disseminated to verify compliance with these policies and the City Manager further reserves the right to seek input and direction from the City Council at a duly noticed meeting of the City Council before authorizing staff to disseminate any such communications. Councilmembers shall not receive personalized official letterhead or Stationery nor shall Councilmembers be entitled to maintain their own stock of letterhead or Stationery or maintain electronic templates of such Stationery. The rights and duties of the City Manager under this Chapter shall be delegated to the person who has been formally designated by the City Manager or a majority of the City Council to act in place of the City Manager during any period time in which the City Manager is on vacation, on extended leave or is otherwise physically unable to discharge his or her duties at the time the request is made.
15.4 COUNTERFEIT LETTERHEAD OR STATIONERY
Except as may otherwise be allowed under City Council Ordinance No. 1724Resolution No. 6904 approved April 2, 2024May 5, 2003, no member of the City Council may affix the City seal or any other City logo on any personal letterhead, Stationery or any other written document, whether or not such letterhead, Stationery or document is transmitted in paper form or electronically.
All such written communications improperly bearing the City seal or any other City logo shall be deemed unauthorized and counterfeit.
15.5 DEFINITIONS
a. “City seal” shall have the same meaning as set
forth under Section 1-13 of the San Fernando
May 12, 2025 Special CC Mtg Page 55 of 116
Procedural Manual – City Council of the City of San Fernando 38 Municipal Code as the same may be amended
from time to time. The City seal as described
under Section 1-13 appears as follows:
b. “City logo(s)” shall have the same meaning as
set forth under Section 1-13 of the San Fernado
Municipal Code as the same may be amended
from time to time. City logos as described
include the following depictions:
shall mean and include all logos or designs used
for purposes of symbolically representing the
authority of the City of San Fernando and the
capacity of its officers, employees and agents
as representatives of the City of San Fernando.
City logos include, but are not limited to this
image:
16. STATEMENTS OF ECONOMIC INTEREST
16.1 FORM 700 STATEMENT OF ECONOMIC INTERESTS OVERVIEW
One of the main laws designed to prevent self-dealing in governmental decisionmaking is the Political Reform Act of 1974 (the PRA). The PRA is codified under the California Government Code. The PRA requires that most state and local government officials disclose their personal income and assets, as well as disqualify themselves from participating in certain governmental decisions that may impact their personal economic interests. As required under the PRA, local elected officials must annually disclose their economic interests through a form referred to as the Form 700 – Statement of Economic Interests (the Form 700).
The Form 700 is filed annually with the City Clerk. Any member of the public is permitted to inspect and copy a Form 700 during normal business hours.
Members of the City Council and the Planning and Preservation Commission shall May 12, 2025 Special CC Mtg Page 56 of 116
Procedural Manual – City Council of the City of San Fernando 39 be mindful of PRA requirements to complete an annual Form 700 and to complete the same upon assuming and departing from public office also as required under the PRA.
16.2 FILING OF FORM 700
Pursuant to Assembly Bill 1170 signed by the Governor on September 6, 2024, effective January 1, 2025, Statements of Economic Interests (Form 700) filed by a Councilmembers must be filed electronically with the FPPC using the FPPC’s electronic filing system. The FPPC is the filing officer for Councilmembers.
Councilmembers should consult with the City Clerk and the FPPC regarding applicable filing deadlines. For questions regarding e-filing or login ID and password, Councilmembers may email [email protected]. For specific questions about reporting requirements, Councilmembers should contact the FPPC at [email protected] or 1-866-ASK-FPPC.
TIMELY SUBMISSION OF ANNUAL STATEMENTS OF ECONOMIC INTEREST The City Clerk notifies those required to file a Form 700 of the precise filing deadline. Under State law, annual Form 700’s are due by or before April 1st of each year or such other date as the Fair Political Practices Commission may prescribe by regulation for local elected officials. The Form 700 must also be filed within thirty (30) days of assuming or leaving office. Irrespective of notice provided by the City Clerk or any other City official or employee, it is the individual responsibility of each member of each City Council and each member of the Planning and Preservation Commission to keep themselves aware of filing deadlines and to file a Form 700 by or before the prescribed deadline.
16.3 REVIEW BY CITY CLERK AND CITY ATTORNEY
The City Clerk, as the City’s filing officer for the submission of Form 700’s, shall perform those duties set forth under Government Code Section 81010 and such other tasks, duties and responsibilities as may be prescribed by the Fair Political Practices Commission. Upon request made by a City Councilmember or member of the Planning and Preservation Commission, the City Attorney shall also conduct a facial review of the requesting filer’s Form 700. The City Attorney shall be given a minimum of ten (10) calendar days to complete its review. A facial review consists of reviewing statements for the following items: (a) the cover sheet includes the name and address of the filer, the period covered and the type of statement; (b) the summary page is completed and the required schedules are attached; (c) all information is legible and readable reproductions of the statement can be made; and (d) the verification is complete. Neither the City Clerk nor the City Attorney are responsible for verifying the truth of representations made by a filer in their Form 700 nor are they under any duty to perform any sort of investigation or inquiry as to the truth or accuracy of such May 12, 2025 Special CC Mtg Page 57 of 116
Procedural Manual – City Council of the City of San Fernando 40 representations or whether a filer has fully identified all disclosable interests. The filer shall be solely and exclusively responsible for any errors or omissions in the filer’s Form 700, notwithstanding review by the City Clerk or the City Attorney.
SECTION 17. MISCELLANEOUS
17.1 Consultation with City Attorney.
A. Any Councilmember should be able to contact and consult with the City Attorney to discuss any matter within the subject matter jurisdiction of the City, and for general information regarding conflict of interest issues, FPPC filing requirements, ethics-related issues and the like, without such information having to be shared with other Councilmembers, unless the City Attorney is ethically required to disclose such information to the full City Council as a whole pursuant to applicable State Bare Rules or other applicable laws. Councilmembers may also consult with the City Attorney to obtain non-confidential information or clarification on matters of potential interest to the Councilmember without such inquiry or information having to be shared with the full City Council, unless the City Attorney is ethically required to disclose such information to the full City Council. Furthermore, the City Attorney, in his/her discretion and professional judgement, may also share such information with the full City Council if it relates to or otherwise informs (i) a matter that is currently being considered by the City Council or that is agendized for consideration at an upcoming meeting of the City Council; or (ii) a topical and/or hotly contested matter of concern or interest to all Councilmembers or to the larger San Fernando community. The City Attorney shall notify a Councilmember in advance if he/she believes such information should be shared with all members of the City Council. It is also understood that by communicating with individual Councilmembers in such a manner, no attorney-client relationship shall exist, or be created, as between the City Attorney and individual Councilmembers.
B. Work to be performed by the City Attorney which is requested by an individual Councilmember requiring substantial research or activity (more than five (5) hours) should be assigned based on approval by the City Manager.
17.2. Communications between Councilmembers and Employees A. Purpose: This policy established the procedure for (i) staff contacts initiated by Councilmembers; and; (ii) councilmember contacts initiated by employees. This policy is intended to establish clear and proper channels of communication between Councilmembers and employees and to promote the efficient use of staff time.
B. Councilmember-Initiated Contacts. Each Councilmember shall comply with the provisions of Section 2-123 (Relations with council) of the San Fernando Municipal Code (hereinafter, "Section 2-123") with respect to interactions between the Councilmember and subordinate employees of the City Manager. Section 2-123 provides in relevant part:
May 12, 2025 Special CC Mtg Page 58 of 116
Procedural Manual – City Council of the City of San Fernando 41 The City Council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the City Council nor any member of the City Council shall give orders to any subordinates of the city manager. For purposes hereof, "inquiry" means any and all communications short of giving orders, directions, or instructions to any member of the administrative staff. Such staff members shall provide all information reasonably requested by any councilmember. The city manager shall take orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual councilmember shall give any orders or instructions to the city manager….” C. Employee-Initiated Contacts. When an employee is required to make contact with a Councilmember in the course of the employee’s performance of his/her official job duties, a Councilmember may participate in such employee-initiated contact, provided the employee was authorized to initiate such contact by his or her department head or the City Manager. All requests by employees other than department heads to speak to a Councilmember regarding City related business shall be submitted to their department head or the City Manager for consideration. The request will include the subject matter and the reason necessitating the contact. Employees are not to contact Councilmembers directly regarding non-City business on City time; failure to comply with this directive may result in disciplinary action. The foregoing does not prevent employees from contacting Councilmembers on purely personal/social matters unrelated to the discharge of the employee’s official duties D. Miscellaneous.
1. Individual Councilmembers shall refrain from initiating communications or other similar contacts with any representative of City collective bargaining units for the purpose of negotiating with such bargaining units on the City’s or City Council’s behalf in outstanding contract negotiations. A Councilmember shall not hold himself or herself out as the City’s designated labor negotiator or as someone speaking on the City Council’s behalf, unless he or she has been appointed to act in such capacity by the City Council.
2. In the event of an unsolicited communication or contact initiated by any representative of a City collective bargaining unit (including any City employee acting in a representative capacity on behalf of his or her bargaining unit) during outstanding contract negotiations, the Councilmember shall refrain from disclosing any privileged or otherwise confidential information or documentation to the bargaining unit representative, including, but not limited to, any privileged or confidential information obtained in closed session. During such unsolicited communications or contacts, Councilmembers shall refrain from providing any promises or assurances as to the outcome of any negotiations and shall promptly disclose any information or documentation provided to the Councilmember by the bargaining unit representative that is pertinent to the negotiations to the City Manager so that it may be shared with, and vetted by, the full membership of the City Council, the City Manager and the City’s designated labor negotiator(s). Nothing in this paragraph shall be construed to grant permission to an individual Councilmember to disclose any information or documentation that is privileged or otherwise confidential at any other time, including times when the City is not engaged in contract May 12, 2025 Special CC Mtg Page 59 of 116
Procedural Manual – City Council of the City of San Fernando 42 negotiations with any one or more of its collective bargaining units.
May 12, 2025 Special CC Mtg Page 60 of 116
Current Policy Proposed Updated Policy
PREAMBLE PREAMBLE
Because circumstances may differ from one meeting to the next, these rules are intended as guidelines, and are not inflexible rules. Accordingly, they may be waived at any meeting, by Motion, in accordance with Robert’s Rules of Order.
Because circumstances may differ from one City Council
meeting to the next, these rules are intended as guidelines, and are not inflexible rules. Accordingly, they may be waived at any meeting, by Motion, in accordance with Robert’s Rules of Order.
Notwithstanding anything in this manual to the contrary, the failure of the City Council to strictly follow any rule(s) or procedure(s) set forth in this manual shall not operate to invalidate any action taken by the City Council, provided such action is otherwise made in compliance with applicable State or federal law and the San Fernando Municipal Code. Furthermore, in the event of any conflict or inconsistency between the procedures of this Manual and applicable State or federal law procedures or procedures set forth in the San Fernando Municipal Code, the procedures of the latter shall govern and control.
1.1 REGULAR MEETINGS 1.1 REGULAR MEETINGS
Consistent with Section 2-61 (regular meetings) of the San Fernando Municipal Code, regular meetings of the City Council of the City of San Fernando are held in the Council Chambers of the City Hall, 117 Macneil Street, San Fernando, California, on the first and third Mondays of each month at 6:00 p.m. When the day of the regular Council meeting falls on a legal holiday, the meeting will be held at the same hour on the next
succeeding day that is not a holiday. The foregoing
notwithstanding, the City Council will not convene for regular City Council meetings that would otherwise occur on the third Monday in December, unless the City Council, by majority vote of the body, determines in any given year that such meeting should be held. Nothing in this section shall prevent the City Council from calling any special meeting, adjourned special meeting, adjourned regular meeting or emergency meeting in the month of December that may be deemed necessary for the conduct of City business.
As prescribed by Sections 2-61 (regular meetings) and 2-62 (Location) of the San Fernando Municipal Code, regular meetings of the San Fernando City Council will be held in the San Fernando City Hall – City Council Chambers located at 117 Macneil Street, San Fernando, California, on the first and third Mondays of each month at 6:00 p.m. Whenever a regular meeting date falls upon the date of a legal holiday, the regular meeting will be held the next business day, unless otherwise ordered by the City Council. 1 of 36
ATTACHMENT "B"
May 12, 2025 Special CC Mtg Page 61 of 116
Current Policy Proposed Updated Policy
1.2 ADJOURNED MEETINGS 1.2 ADJOURNED MEETINGS
Any meeting may be adjourned to a time, place and date
certain, but not beyond the next regular meeting.
Any meeting may be adjourned (carried-over) in accordance with Government Code Section 54955. Government Code Section
54955 provides that when a regular or adjourned regular meeting is so adjourned, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour or place at which the adjourned meeting is to be held, it shall be held at the hour and place specified for regular meetings by ordinance.
1.3 SPECIAL MEETINGS 1.3 SPECIAL MEETINGS
Special meetings may be called at any time by the Mayor or three members of the City Council by a written notice as outlined in Section 1.4 below. Only matters contained in the notice may be considered.
Special meetings may be called at any time by the Mayor or three members of the City Council in the manner prescribed by Government Code Section 54956.
1.4 MEETING NOTICES (REGULAR, SPECIAL AND ADJOURNED) 1.4 MEETING NOTICES (REGULAR, SPECIAL AND ADJOURNED) Notices for regular meetings are to be posted with the
regular meeting in the manner prescribed under Section
2.3 and in accordance with State law. As prescribed by
Government Code Sections 54955 and 54956, notices
for special meeting or meetings that have been
adjourned by the City Clerk shall be delivered to each
member of the City Council and to each local newspaper
of general circulation and radio or television station
requesting such notice in writing. The notice shall be
delivered personally via electronic delivery and shall be received at least 24 hours before the time of the
meeting as specified in the notice. The City Clerk shall also comply with all other noticing and posting
requirements set forth under Government Code
Sections 54955 and 54956 as applicable.
Meeting agendas and related noticing for regular meetings, special meetings, emergency meetings and adjourned meetings shall be posted, publicized and otherwise disseminated in the manner prescribed under the Brown Act.
2 of 36
May 12, 2025 Special CC Mtg Page 62 of 116
Current Policy Proposed Updated Policy
1.5 MEETINGS TO BE PUBLIC 1.5 MEETINGS TO BE PUBLIC
All regular, adjourned, and special meetings of the City Council shall be open to the public; provided, however, the City Council may hold closed sessions for purposes outlined in the following section. (Government Code Section 54953)
Except as otherwise permitted under the Brown Act, all meetings of the City Council shall be open to the public.
3 of 36
May 12, 2025 Special CC Mtg Page 63 of 116
Current Policy Proposed Updated Policy
1.6 CLOSED SESSION - MATTERS OF DISCUSSION 1.6 CLOSED SESSION - MATTERS OF DISCUSSION The City Council may hold closed sessions, from which the public may be excluded, for consideration of any item for which closed sessions are permitted by State law. The following subjects are typically conducted in closed session:
a.LICENSE/PERMIT DETERMINATION (Government Code Section 54956.7) b.CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
c.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code Section 54956.9, Subdivision (a) of Section 54956.9) d.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Subdivision (b) of Section 54956.9)
e.LIABILITY CLAIMS (Government Code Section 54956.95)
f.THREAT TO PUBLIC SERVICE OR FACILITIES (Government Code Section 54957)
g.PUBLIC EMPLOYEE APPOINTMENT (Government Code Sections 54957 and 54957.6)
i.PUBLIC EMPLOYMENT
ii.PUBLIC EMPLOYEE PERFORMANCE EVALUATION
iii.PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
iv.CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6)
h.CASE REVIEW/PLANNING (Government Code Section 54957.8) i.REPORT INVOLVING TRADE SECRET (Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code)
j.Any other purpose specifically authorized by law.
The City Council shall publicly report at the public meeting during which the closed session is held any action taken and the roll call vote thereon, unless a late time is permitted for such report. In no case shall the report be delayed later than the next regular meeting of the City Council.
Section 1.5 above notwithstanding, the City Council may meet, deliberate and conduct business in closed session without members of the general public being present to the limited extent authorized under the Brown Act.
The City Council shall publicly report out any action taken in closed session as prescribed under Government Code Section 54957.1. The circumstances under which the City Council may meet, deliberate and conduct business in closed session include, but are not limited to, the following examples:
a. LICENSE/PERMIT DETERMINATION (Government Code Section 54956.7)
b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
c. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(a))
d. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code Section 54956.9(b))
e. LIABILITY CLAIMS (Government Code Section 54956.95)
f. THREAT TO PUBLIC SERVICE OR FACILITIES (Government Code Section 54957)
g. PUBLIC EMPLOYEE APPOINTMENT; PUBLIC EMPLOYMENT, PUBLIC EMPLOYEE PERFORMANCE EVALUATION; OR PUBLIC EMPLOYEE
DISCIPLINE/DISMISSAL/RELEASE (Government Code Sections 54957) h. CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6).
i.
ii.
iii.
4 of 36
May 12, 2025 Special CC Mtg Page 64 of 116
Current Policy Proposed Updated Policy
1.7 CLOSED SESSIONS CONFIDENTIALITY 1.7 CLOSED SESSIONS CONFIDENTIALITY All matters discussed during closed sessions shall be private and confidential. The disclosure by any person of the topics or details of such matters is prohibited, except by the City Attorney who is designated to make any disclosures required by State law.
Confidential information acquired in closed session must not be disclosed by any person, unless expressly authorized by the City Council acting as body at a meeting of the City Council. (Government Code Section 54963). The holder of the privilege for confidential information is the City Council as a body and only the City Council acting as a body at a meeting of the City Council may waive the privilege. “Confidential information” shall have the same meaning as set for under Government Code Section 54963(b).
Remedies for the disclosure of confidential information include, but are not limited to, injunctive relief to prevent its disclosure; discipline against any employee who releases the information; and, if the person responsible for improperly disclosing the information is a member of the City Council, referral to the grand jury. (Government Code Section 549639(c))
5 of 36
May 12, 2025 Special CC Mtg Page 65 of 116
Current Policy Proposed Updated Policy
1.8 QUORUM, VOTE REQUIREMENTS 1.8 QUORUM, VOTE REQUIREMENTS a.Three of the City Council’s five total members shall constitute a quorum. A quorum of the City Council shall be required for the City Council to conduct a City Council meeting and transact official business.
b.Except as otherwise provided by applicable State or federal law, if a quorum or more of the City Council’s total membership is present for a vote on an item of business, motions on such items may be approved by a simple majority of the members present and participating in the vote, excluding those members who have recused themselves from a vote. Member who abstain on a motion but who do not recuse themselves shall be counted toward the quorum. c.Paragraph (b) of this Section notwithstanding, as required by Government Code Section 36936, resolutions, orders for the payment of money and ordinances shall require no less than three (3) affirmative votes of the total membership of the City Council in order to be approved.
d.Paragraphs (b) and (c) of this Section notwithstanding, as required by State law, urgency ordinances and urgency interim zoning ordinances within the meaning of Government Code Sections 36937 and 65858, respectively shall require a minimum of (4) affirmative votes of the City Council’s total membership to be approved. The City Council shall comply with all other applicable supermajority approval requirements prescribed by State or federal law for certain ordinances, resolutions or motions.
a.Three of the City Council’s five total members shall constitute a quorum. A quorum of the City Council shall be required for the City Council to conduct a City Council meeting and transact official business. b.Except as otherwise provided by applicable State or federal law, if a quorum or more of the City Council’s total membership is present for a vote on an item of business, motions on such items may be approved by a simple majority of the members present and participating in the vote, excluding those members who have recused themselves from a vote.
Members who abstain on a motion but who do not recuse themselves shall be counted toward the quorum.
c.Paragraph (b) of this Section notwithstanding, as required by Government Code Section 36936, resolutions, orders for the payment of money and all ordinances require a recorded majority vote of the total membership of the City Council (a minimum of 3 votes) to be approved. d.Paragraphs (b) and (c) of this Section notwithstanding, the following ordinances may only be approved by four-fifths supermajority vote of the City Council as required by law: (i) ordinances for the immediate preservation of the public peace, health or safety within the meaning of Government Code Section 36937(b); and (ii) interim ordinances within the meaning of Government Code Section 65858, including extensions of the same.
e.To the extent any other applicable law requires approval of a City Council action by a specified supermajority vote, any such action of the City Council may only be approved if the requisite supermajority approval is achieved.
6 of 36
May 12, 2025 Special CC Mtg Page 66 of 116
Current Policy Proposed Updated Policy
1.9 UNEXCUSED ABSENCES 1.9 UNEXCUSED ABSENCES
a.If a Councilmember, without the prior permission of the City Council, is absent from all regular meetings of the City Council for 60 days consecutively from the last regular meeting he/she attended, his/her office becomes vacant and shall be filled as any other vacancy, as provided by Government Code Section 36513.
b.If a Councilmember is absent without permission for two (2) consecutive regular meetings, the City Clerk shall use his or her best efforts to send a courtesy e-mail and regular mail notice to the absent Councilmember within fourteen (14) business days of the second missed regular meeting, notifying him or her of the provisions of this policy and Government Code Section 36513. The delivery of such notice is purely a courtesy extended to members of the City Council and failure of the City Clerk to deliver or timely deliver such notice shall not operate to prevent the seat of a Councilmember who has been absent without permission from all regular meetings of the City Council for 60 or more consecutive days from being declared vacant.
It is the personal responsibility of each Councilmember to keep track of his or her attendances of all meetings of the City Council so to avoid vacating his or her City Council seat.
c.If a regular meeting of the City Council is cancelled or is otherwise rescheduled for any reason, the 60 consecutive unexcused absence period shall reset for all members of the City Council. a. As prescribed by Government Code Section 36513, if a City Council member is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he/she attended, his/her office becomes vacant and shall be filled as any other vacancy. The foregoing notwithstanding, the City Council, in an abundance of caution, shall first consult with the City Attorney prior to declaring a City Council seat vacant and prior to filling any putative vacancy so that the City Attorney may determine whether circumstances require the City to first initiate quo warranto proceedings through the Office of the California Attorney General or undertake any other procedures that will ensure the right to declare the seat vacant is perfected. b. If a Councilmember is absent without permission for two (2) consecutive regular meetings, the shall use his or her best efforts to send a courtesy e-mail and regular mail notice to the absent Councilmember within fourteen (14) business days of the second missed regular meeting, notifying him or her of the provisions of this policy and Government Code Section 36513. The delivery of such notice is purely a courtesy extended to members of the City Council and the failure of the City Clerk to deliver or timely deliver such notice shall not operate to prevent the Councilember’s seat from being declared vacant or to prevent the initiation of quo warranto or other proceedings if the unexcused absence persists beyond the time allowed under Government Code Section 36513.It is the personal responsibility of each Councilmember to keep track of his or her attendances of all meetings of the City Council so to avoid vacating his or her City Council seat. c.If a regular meeting of the City Council is cancelled or is otherwise rescheduled for any reason, the 60 consecutive unexcused absence period shall reset for all members of the City Council.
d.Absences must be excused by the City Council acting as a body at a meeting of the City Council and may be approved by simple motion noted on the record of the proceedings approved by a majority of the members present. A Councilmember may request an excused absence before the anticipated date(s) of the absence or retroactively after the date(s) of the absence provided the 60 consecutive day time period prescribed under Government Code Section 36513 has not lapsed.
Absence requests can be made by a Councilmember orally on the record of a City Council meeting or in writing. Councilmembers shall exercise professional courtesy in considering and approving excused absence requests. 7 of 36
May 12, 2025 Special CC Mtg Page 67 of 116
Current Policy Proposed Updated Policy
2.1 AGENDAS 2.1 AGENDAS
a.If a Councilmember, without the prior permission of the City Council, is absent from all regular meetings of the City Council for 60 days consecutively from the last regular meeting he/she attended, his/her office becomes vacant and shall be filled as any other vacancy, as provided by Government Code Section 36513.
b.If a Councilmember is absent without permission for two (2) consecutive regular meetings, the City Clerk shall use his or her best efforts to send a courtesy e-mail and regular mail notice to the absent Councilmember within fourteen (14) business days of the second missed regular meeting, notifying him or her of the provisions of this policy and Government Code Section 36513. The delivery of such notice is purely a courtesy extended to members of the City Council and failure of the City Clerk to deliver or timely deliver such notice shall not operate to prevent the seat of a Councilmember who has been absent without permission from all regular meetings of the City Council for 60 or more consecutive days from being declared vacant. It is the personal responsibility of each
Councilmember to keep track of his or her attendances of all meetings of the City Council so to avoid vacating his or her City Council seat.
c.If a regular meeting of the City Council is cancelled or is otherwise rescheduled for any reason, the 60 consecutive unexcused absence period shall reset for all members of the City Council.
a. The order of business of each City Council meeting shall be as contained in the Agenda prepared by the City Manager. The City Council shall follow the order of business as outlined in the prepared Agenda.
Items may be taken out of order by the Presiding Officer or by majority consent of the City Council.
b. REGULAR MEETINGS. In the manner prescribed by Government Code Section 54954.2, agendas for regular meetings of the City Council shall be posted physically in a location that is freely accessible to members of the public and on the City’s internet website. Such posting shall occur no less than 72 hours prior to the agendized start time of the regular meeting. c. SPECIAL MEETINGS. In the manner prescribed by Government Code Section 54956, agendas for regular meetings of the City Council shall be posted physically in a location that is freely accessible to members of the public and on the City’s internet website. Such posting shall occur no less than 24 hours prior to the agendized start time of the special meeting. Per Government Code Section 54956, a special meeting may be called by the Mayor or three (3) Councilmembers. No other items other than those appearing on the special meeting agenda may be considered or acted upon by the Cit+B33y Council.
d. ADJOURNED MEETING. For any adjourned meeting, the City Clerk shall post such notices of adjournment as may be required by Government Code Section 54955. Except as otherwise permitted under the Brown Act, the City Clerk shall post agendas for all adjourned meetings in the manner prescribed by the Brown Act.
e. EMERGENCY MEETING. The City Council may call emergency meetings as permitted under Government Code Section 54956.5 and in accordance with the procedures set forth under the same.
f. AVAILABILITY OF AGENDA MATERIALS. While the City strives to make all non-privileged/non-confidential agenda materials available to the public at the same time the agenda is posted this may not be logistically feasible, practical or required in all circumstances. Nevertheless, nonprivileged/non-confidential agenda materials including staff reports shall be made available to the public no later than the time mandated by Government Code Section 54957.5.
e. ADDITIONAL AGENDA NOTICE, DELIVERY AND PUBLICATION
REQUIREMENTS . The City shall comply with all agenda notice, delivery and publication requirements set forth under Government Code Section 54954.1 and 54954.6(b) and 54956.
8 of 36
May 12, 2025 Special CC Mtg Page 68 of 116
Current Policy Proposed Updated Policy
2.2 AGENDA DEADLINE 2.2 AGENDA DEADLINE
a. A citizen requesting to place an item on a City Council agenda may submit a written request at any time to the City Council (or any Councilmember). The request may also be made during the public comment portion of a City Council meeting. Items raised by the public during public comment, may be referred to staff by the City Council for follow up and possible placement on a future agenda for formal action.
A Councilmember wishing to sponsor a citizen request may place the item on an upcoming agenda under the heading
“Administrative Reports.”
a. If a member of the public wishes to have an item placed on a City Council agenda for discussion and/or action, the request must be made: (i) orally at a meeting of the City Council during the Public Statements portion of the agenda; or (ii) by submitting a written request to a member of the City Council. If the request is made orally during public comment, the presiding officer shall entertain motions to have the item placed on the City Council agenda for discussion and/or action at a future meeting of the City Council or solicit such other direction as the City Council may deem warranted to address or study the issue. If the request is made in writing submitted to any or all members of the City Council, any member of the City Council may elect to sponsor the item as one of his or her items to be placed under the Administrative Reports portion of the agenda, subject all rules and deadlines for the submission of City Council member items prescribed under paragraph (b) of this Section below. The City Council shall be under no obligation to agendize any item requested by a member of the public and no individual Councilmember shall be obligated to place a written request on the agenda as one of his or her items.
2.4 ROLL CALL 2.4 ROLL CALL
A roll call of Councilmembers shall be at the beginning of each City Council meeting by the City Clerk, who shall enter the names of those present in the minutes.
A roll call of Councilmembers shall be conducted at the beginning of each City Council meeting by the City Clerk, who shall enter the names of those present in the minutes.
2.5 APPROVAL OF THE AGENDA 2.5 APPROVAL OF THE AGENDA
The agenda shall include an item entitled “Approval of Agenda” to occur immediately after “roll call.” During the “Approval of Agenda” portion of the meeting, the City Council shall
determine whether to consider repeat items submitted by Councilmembers pursuant to paragraph b.2. of Section 2.2. A Councilmember may make a motion to approve the agenda as presented or make a motion to approve the agenda with the elimination of the repeat item(s) tentatively placed on the agenda under the heading “Administrative Report”. If the agenda is approved as presented, the request to consider a repeat item is deemed approved and discussion and action on that item may occur during City Council items.
The agenda shall include an item entitled “Approval of Agenda” to occur immediately after “roll call.” The Chair shall entertain motions to either approve the agenda as presented or subject the reordering, continuance or removal of certain agenda items and/or the addition of items not appearing on the agenda provided that such additions shall be subject to the requirements of Government Code Section 54954(b)(2).
9 of 36
May 12, 2025 Special CC Mtg Page 69 of 116
Current Policy Proposed Updated Policy
2.7 APPROVAL OF MINUTES 2.7 KEEPING AND APPROVAL OF MINUTES Unless the reading of the minutes of the previous Council meeting is requested by a majority of the City Council, such minutes may be approved without reading if the Clerk has previously furnished each Councilmember with a copy thereof.
The City Clerk shall keep and maintain “action minutes” for all open session City Council proceedings that concisely record the items of business addressed and the City Council vote or other handling of the matter. Reasons for making motions or voting, City Council debate and audience reaction are generally not included in the minutes. Such items may be included if considered to be particularly relevant or otherwise necessary by the City Clerk.
Minutes for all public comments will indicate the name of the speaker and a concise summary of his/her comments. As the open session portion of each City Council meeting is recorded via audio or video recording and accessible on the City’s website, the City Clerk shall not be required to keep verbatim minutes of the proceedings. Unless the reading of the minutes of prior City Council meetings is requested by a majority of the City Council, such minutes may be approved without reading if the Clerk has previously furnished each Councilmember with a copy thereof. The City Clerk shall have exclusive responsibility for preparation of the minutes and any directions for changes to conform with fact shall be made by action of the City Council. The Presiding Officer shall entertain motions to approve the minutes. Consistent with Section 41 of Robert’s Rules of Order, a Councilmember’s absence from a meeting for which minutes are being approved does not prevent the member from participating in their approval.
B. Per Government Code Section 36804, “[i]f the city clerk is absent, the deputy city clerk shall act. If there is none, the mayor shall appoint one of the council members as city clerk pro tempore.”
10 of 36
May 12, 2025 Special CC Mtg Page 70 of 116
Current Policy Proposed Updated Policy
2.8 PUBLIC HEARINGS 2.8 PUBLIC HEARINGS
The following procedure for conducting public hearings should be followed:
a.The Presiding Officer shall introduce the public hearing matter by title and open the public hearing.
b.At the direction of the City Manager, the appropriate staff member presents the staff report and recommendations. The City Council may pose questions to City staff.
c.If the public hearing is a quasi judicial proceeding, the applicant or appellant whose matter is before the City Council shall be afforded the opportunity address the City Council on the matter and receive questions from the City Council before proceedings are opened up for public comment. d.The Presiding Officer shall open the public comment and testimony portion of the public hearing.
e.Councilmember should refrain from interrupting or posing questions to members of the public during their allotted time to speak, however the Presiding Officer may interject if the person speaking becomes disruptive to the proceedings or otherwise fails to comply with meeting decorum rules or if the person speaking is discussing issues unrelated to the business at hand.
Councilmembers may also interject with motions to raise points of privilege (e.g., to advise that the Councilmember cannot hear the speaker or that there is some other condition of the proceedings that is disruptive or distracting). f.After all members of the public have been given an opportunity to comment on the public hearing matter, the Presiding Officer will announce closing of the public comment portion of the public hearing.
g.If the public hearing is a quasi judicial proceeding, the applicant or appellant whose matter is before the City Council shall be afforded the opportunity to respond to questions posed by members of the public and/or rebut or provide clarification response to comments and other assertions made by members of the public.
h.Councilmembers may the pose additional questions to City staff and/or project applicants or appellants before it begins deliberations on the matter. i.The City Council shall then deliberate on the matter until such time as the City Council is ready to entertain a motion to close the public hearing and vote on the matter.
j.If the City Council wishes to receive additional information before taking action on the matter, the City Council may move to reopen the public hearing so that the City Council may receive additional information. The City Council may also move to continue the public hearing.
When a particular matter before the City Council legally requires the conduct of a public hearing, the City Council shall conduct such meeting in the manner prescribed by law and subject to whatever prior noticing may be required by law.
Except as otherwise prescribed by applicable law for the conduct of a public hearing the following procedures for conducting public hearings should also be followed:
a.The Presiding Officer shall introduce the public hearing matter by title and open the public hearing.
b.At the direction of the City Manager, the appropriate staff member presents the staff report and recommendations. The City Council may pose questions to City staff.
c.If the public hearing is a quasi judicial proceeding, the applicant or appellant whose matter is before the City Council shall be afforded the opportunity to address the City Council on the matter and receive questions from the City Council before proceedings are opened up for public comment. The applicant/appellant shall remain at the speaker podium until such time as the City Council has no further questions for the applicant/appellant or City staff. d.The Presiding Officer shall open the public comment/testimony portion of the public hearing.
e.Councilmembers should refrain from interrupting or posing questions to members of the public while they are addressing the City Council from the speaker’s podium. The Presiding Officer may, however, interject if the person speaking becomes disruptive to the proceedings or otherwise fails to comply with meeting decorum rules or if the person speaking is discussing issues unrelated to the business at hand. Councilmembers may also interject with motions to raise points of privilege (e.g., to advise that the Councilmember cannot hear the speaker or that there is some other condition of the proceedings that is disruptive or distracting).
f.After all members of the public have been given an opportunity to comment on the public hearing matter, the Presiding Officer will announce the closing of the public comment portion of the public hearing.
g.If the public hearing is a quasi judicial proceeding, the applicant or appellant whose matter is before the City Council shall be afforded the opportunity torespond to, and/or rebut, comments made by members of the public and to make any brief closing comments.
h.Councilmembers may also pose additional questions to City staff and/or applicants/appellants before proceeding to step (i) below. i.The City Council shall then deliberate on the matter until such time as the City Council is ready to entertain a motion to close the public hearing and vote on the matter.
j.If the City Council wishes to receive additional information before taking action on the matter, the City Council may move to reopen the public hearing so that the City Council may receive additional information. The City Council may also move to continue the public hearing to an upcoming meeting date so that City staff may gather additional information requested by the City Council or engage with the applicant/appellant on issues raised during the public hearing. 11 of 36
May 12, 2025 Special CC Mtg Page 71 of 116
Current Policy Proposed Updated Policy
2.9 PUBLIC HEARING ITEMS 2.9 PUBLIC HEARING ITEMS
The following are typical items which require the holding of a public hearing by the City Council prior to formal action:
a.Abandonment of Streets
(Amendments to Fees and Areas of Benefit)
b.Amendments to the Zoning and Ordinances which are Site Specific
c.Budget Adoption
d.Conditional Use Permit Appeals
e.Franchises, Granting of
f.General Plan Amendments
g.Grant/Fund Applications When Federal/State Regulations so Mandate
h.Housing and Community Development Act Funds
i.Moratorium Extensions
j.Thoroughfare Improvements
k.Underground Utility Districts, Establishment of
I.Vehicle Code Enforcement on Private Streets
m.Zoning Map Changes
n.Zone Variance Appeals
Other typical items may come before the City Council from time to time, for which State or Federal laws require the holding of a public hearing. In addition, the City Council may call for a public hearing for other items.
When applicable law requires the conduct of a public hearing as part of the City Council’s consideration and approval of a matter, the City Council shall conduct a public hearing and comply with all statutorily prescribed meeting notice and hearing procedures.
Such public hearings shall allow for public comment before action may be taken on the matter and such public comment shall be separate from the public comment afforded under the Public Statements portion(s) of the agenda. Written comments submitted before the start of the public hearing shall be distributed to the City Council members. The City Council reserves the right to conduct public hearings on other non-quasi-judicial or non-ministerial matters for which public hearings are not otherwise required provided the conduct of such hearing does not conflict with any other applicable laws or does not constitute a violation of a person's right to due process or equal protection under State or federal law.
2.10 NON AGENDA-ITEMS 2.10 NON AGENDA-ITEMS
No matters other than those appearing on the posted agenda shall be acted upon by the City Council except in accordance with the procedures set forth in the Ralph M. Brown Act, codified at Section 54950 et seq. of the California Government Code. Any request to place a matter of business on a future agenda must be made in accordance with paragraph b of
Section 2.2. A proposal to create an Ad Hoc Committee for a matter or topic not directly related to the City Council's consideration and deliberation of an agendized action item must be agendized at a future meeting date before final action to create the Ad Hoc committee and to appoint its members can be taken.
No matters other than those appearing on the posted agenda shall be acted upon by the City Council except as permitted under the Brown Act. Any request to place a matter of business on a future agenda must be made in accordance with paragraph b of Section
2.2. A proposal to create an Ad Hoc Committee for a matter or topic not directly related to the City Council's consideration and deliberation of an agendized action item must be agendized at a future meeting date before final action to create the Ad Hoc committee and to appoint its members can be taken.
12 of 36
May 12, 2025 Special CC Mtg Page 72 of 116
Current Policy Proposed Updated Policy
2.11 ADJOURNING 2.11 CONCLUDING A MEETING VS ADJOURNING (CARRYINGOVER) A MEETING PURSUANT TO GOVERNMENT CODE SECTION 54955
To allow clarification of the record, a motion to adjourn a meeting to the next regular meeting should specify this. A motion to adjourn to an adjourned meeting shall specify the date, time and place of said adjourned meeting.
a. Closing a Meeting. To close any meeting of the City Council because all agendized business has been completed or otherwise addressed, the presiding officer shall ask the City Councilmembers present if there is any opposition to adjourning the meeting and if there is no such opposition, the presiding officer shall declare the meeting adjourned thereby closing the meeting. If there is opposition to ending the meeting, the presiding officer shall then move to adjourn (close) the meeting and if there is a second, the City Council shall vote on the motion to adjourn (close) the meeting.
b. If the City Council intends to adjourn (i.e., continue or carryover) a meeting in the manner prescribed by Government Code Section 54955 to some date other than the next regular meeting date, the presiding officer shall ask the City Council members present if there is any opposition to adjourning the meeting to a specific date, time and location and if there is no such opposition, the presiding officer shall declare the meeting so adjourned and direct the City Clerk to satisfy all noticing requirements prescribed by Government Code Section 54955. If there is opposition to adjourning the meeting as proposed, the presiding officer shall then move to adjourn the meeting and if there is a second, the City Council shall vote on the motion to adjourn as originally proposed by the presiding officer . The presiding officer may also entertain motions prescribing alternatives.
13 of 36
May 12, 2025 Special CC Mtg Page 73 of 116
Current Policy Proposed Updated Policy
3.2 CALL TO ORDER 3.2 CALL TO ORDER; LACK OF QUORUM
The meeting of the City Council shall be called to order by the Mayor or if the Mayor is absent, the Vice Mayor. In the absence of both the Mayor and the Vice Mayor, the meeting shall be called to order by the City Clerk, whereupon the City Clerk shall immediately call for the selection of a temporary Presiding Officer. In the absence of a quorum of three (3)
Councilmembers, the City Clerk shall call the meeting to order and declare the same adjourned to a stated day and hour. a. The meeting of the City Council shall be called to order by the Mayor or if the Mayor is absent, the Vice-Mayor. In the absence of both the Mayor and the Vice-Mayor, the meeting shall be called to order by the City Clerk, whereupon the City Clerk shall immediately call for the selection of a temporary Presiding Officer. b. If, as of the posted start time of a meeting, less than a quorum of the City Council is present, those members present (or the City Clerk if no members are present) may (i) wait for a reasonable amount of time for a sufficient number of City Council members to arrive; and/or (ii) adjourn the meeting in the manner prescribed under Government Code Section 54955, including simply
adjourning the meeting to the next regular meeting date. If, prior to the start time of a meeting, it is confirmed by the City Clerk that a quorum will not be achieved for the meeting, the City Clerk shall promptly post a notice of adjournment advising that the meeting has been cancelled for lack of a quorum. Such notice may also specify whether the business of the cancelled meeting will simply be carried over to the next regular meeting date or whether such business will be carried over to an adjourned meeting within the meaning of Government Code Section 54955.
3.3 PARTICIPATION OF PRESIDING OFFICER 3.3 PARTICIPATION OF PRESIDING OFFICER The Presiding Officer is primarily responsible for the
conduct of the meeting; however, may move, second
and debate from the Chair, subject only to such
limitations of debate as are imposed on all
Councilmembers, and shall not be deprived of any of
the rights and privileges of a Councilmember by reason
of being the Presiding Officer.
Although the Presiding Officer is primarily responsible for the conduct of the meeting, he/she may move, second and debate from the Chair, subject only to such limitations of debate as are imposed on all Councilmembers, and shall not be deprived of any of the rights and privileges of a Councilmember by reason of being the Presiding Officer.
3.4 QUESTION OR MOTION TO BE STATED 3.4 STATEMENT OF MOTION OR QUESTION The Presiding Officer may verbally restate each question immediately prior to calling for the vote. Following the vote, the Presiding Officer (or City Clerk) shall announce whether the question was carried or defeated, and may summarize the action taken by the City Council before proceeding to the next item of business.
The Presiding Officer may verbally restate each motion or question immediately prior to commencing deliberation on the
motion/question or calling for the vote on the same to ensure that all voting members understand what is being moved. Following the vote, the Presiding Officer (or City Clerk) shall announce whether the motion passed or failed, and may summarize the action taken by the City Council before proceeding to the next item of business. 14 of 36
May 12, 2025 Special CC Mtg Page 74 of 116
Current Policy Proposed Updated Policy
3.5 SIGING OF DOCUMENTS 3.5 SIGING OF DOCUMENTS
The Mayor shall sign ordinances, resolutions and contracts approved by the City Council. In the absence of the Mayor, the Vice Mayor shall sign all such documents as have been adopted and approved by the City Council. In the absence of the Mayor and Vice Mayor, the temporary Presiding Officer shall sign all such documents.
The Mayor shall sign all ordinances, resolutions and other City Council-approved legal documents that must be signed by a mayor.
Except where the authority to execute a contract or other legal instrument has been delegated to the City Manager or a City Department head by ordinance or other City Council action, the Mayor shall also sign contracts for the City. In the absence of the Mayor, the Vice-Mayor shall sign all such documents as have been adopted and approved by the City Council. In the absence of the Mayor and Vice-Mayor, the temporary Presiding Officer shall sign all such documents.
3.6 MAINTENANCE OF ORDER 3.6 MAINTENANCE OF ORDER
The Presiding Officer is responsible for the maintenance of order and decorum at all time. No person shall be allowed to speak who has not first been recognized by the Presiding Officer. All questions and remarks should be addressed to the Presiding Officer.
The Presiding Officer with the assistance of the sergeant-of-arms is responsible for the maintenance of order and decorum at all times.
No person shall be allowed to speak who has not first been recognized by the Presiding Officer. All questions and remarks should be addressed to the Presiding Officer.
3.7 DURATION OF MEETING 3.7 DURATION OF MEETING
If a meeting exceeds four hours, the Presiding Officer may call for a motion to adjourn all remaining items of business to an adjourned meeting, a special meeting or to the next regular meeting. For purposes of this section, the four-hour limit is inclusive of any special meeting, adjourned regular meeting or adjourned special meeting held immediately before or after a regular meeting
If a meeting exceeds four hours in duration, the Presiding Officer may call for a motion to adjourn all remaining items of business to (i) an adjourned meeting within the meaning of Government Code Section 54955; (ii) a special meeting; or (iii) the next regular meeting. For purposes of this section, the four-hour limit is inclusive of any special meeting, adjourned regular meeting or adjourned special meeting held immediately before or after a regular meeting
15 of 36
May 12, 2025 Special CC Mtg Page 75 of 116
Current Policy Proposed Updated Policy
4.2 DECORUM AND ORDER - COUNCILMEMBER 4.2 DECORUM AND ORDER - COUNCILMEMBER Councilmembers shall accord the utmost courtesy to each other, to City employees, and to the general public appearing before the City Council and shall refrain at all times from derogatory remarks.
b.Every Councilmember desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine discussion to the question under debate.
c.Every Councilmember desiring to question the
administrative staff should address questions to the City Manager or City Attorney who shall be entitled to either answer the inquiry directly or to designate some member of the staff for that purpose.
d.A Councilmember, once recognized, shall not be interrupted while speaking, unless called to order by the Presiding Officer, or a Point of Order is raised by another Councilmember, or the speaker chooses to yield to questions from another
Councilmember.
e.If a Councilmember is called to order while speaking, he/she shall cease speaking immediately until the question of order is determined; and if ruled out of order shall remain silent or shall alter his remarks so as to comply with rules of the City Council. f.Any Councilmember may move to require the Presiding
Officer to enforce the rules. A majority of the City Council shall require enforcement of the rules if the Presiding Officer has refused.
a.Councilmembers shall accord the utmost courtesy to each other, to City employees, and to the general public appearing before the City Council and shall refrain at all times from derogatory remarks.
b.Every Councilmember desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine discussion to the question under debate.
c.Every Councilmember who has been recognized to speak by the Presiding Officer and who wishes to pose a question to the administrative staff should address questions through the City Manager or City Attorney who shall be entitled to either answer the inquiry directly or to designate some member of the staff for that purpose.
d.A Councilmember, once recognized, shall not be interrupted while speaking, unless called to order by the Presiding Officer, or a Point of Order is raised by another Councilmember, or the speaker chooses to yield to questions from another Councilmember. e.If a Councilmember is called to order while speaking, he/she shall cease speaking immediately until the question of order is determined; and if ruled out of order shall remain silent or shall alter his remarks so as to comply with rules of the City Council. f.Any Councilmember may move to require the Presiding Officer to enforce the rules. A majority of the City Council shall require enforcement of the rules if the Presiding Officer has refused. 16 of 36
May 12, 2025 Special CC Mtg Page 76 of 116
Current Policy Proposed Updated Policy
4.4 DECORUM AND ORDER - PUBLIC 4.4 DECORUM AND ORDER - PUBLIC The City Council, elected by the public, must be free to discuss issues confronting the City in an orderly environment. Public members attending City Council meetings shall observe the same rules of order and decorum applicable to the City
Council. Any person making impertinent derogatory or
slanderous remarks or who becomes boisterous while
addressing the City Council or while attending the City Council meeting may be removed from the room if the Presiding Officer so directs the sergeant-at-arms and such person may be barred from further audience before the City Council.
Unrecognized remarks from the audience, clapping, stamping of feet, whistles, yells and similar demonstrations which do not permit the meeting to proceed in an orderly manner shall not be permitted by the Presiding Officer, who may direct the sergeant at-arms to remove such offenders from the room if they do not cease upon request by the Presiding Officer. Aggravated cases shall be prosecuted by appropriate complaint signed by the Presiding Officer.
The City Council, elected by the public, must be free to discuss and address issues confronting the City in an orderly environment.
Although Government Code Section 54954.3(c), prohibits the City Council from prohibiting public criticism of the policies, procedures, programs or services of the City, or of the acts or omissions of the City Council, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including, but not limited to, conduct that (i) prevents other members of the public or the City Council from being heard when it is their turn to speak; (ii) prevents members of the audience from hearing or seeing the proceedings; and/or (iii) speaking off topic or speaking beyond the allotted speaking time limit. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent threat of physical harm. Unrecognized remarks from the audience, clapping, stamping of feet, whistles, yells and similar demonstrations which do not permit the meeting to proceed in an orderly manner will not be allowed and will be considered out of order.
4.5 ENFORCEMENT OF DECORUM 4.5 ENFORCEMENT OF DECORUM
The Chief of Police shall be ex-officer sergeant-at-arms of the City Council. He/she shall carry out all orders and instructions given him by the Presiding Officer for the purpose of
maintaining decorum in the City Council Chambers. Upon
instructions from the Presiding Officer, it shall be the duty of the Chief of Police or his representative to eject any person from the City Council Chambers or place such person under arrest or both. (Robert’s Rules of Order)
The Chief of Police shall be ex officio sergeant-at-arms for the City Council, but may delegate such duties to any one or more sworn police officers of the City as needed. The sergeant-at-arms and those delegated sergeant-at-arms responsibilities shall carry out all orders and instructions given him by the Presiding Officer for the purpose of maintaining decorum in the City Council Chambers. Per Government Code Section 54957.95, the Presiding Officer may order the sergeant-of-arms to remove any person who persists with disruptive behavior following an initial warning and may also order the sergeant-of-arms to immediately remove anyone, without warning, who engages in behavior that constitutes a true threat of force within the meaning of Government Code Section 54957.95. 17 of 36
May 12, 2025 Special CC Mtg Page 77 of 116
Current Policy Proposed Updated Policy
4.6 PERSONNAL INTEREST 4.6 CONFLICTS OF INTEREST
No Councilmember disqualified from participation under State law or the City’s Conflict of Interest Code shall remain at the Council dais during the debate or vote on any such matter. The Councilmember shall publicly state the grounds for
disqualification on the record and upon acceptance by the Presiding Officer shall leave the Council dais during the debate or vote on the issue.
i. State law prohibits Councilmembers from participating in certain governmental decisions that may come before the City Council when the governmental decision can have a material and reasonably foreseeable effect (good or bad) on an a financial interest of the Councilmember and the effect is unique from the effect the decision will have on the public generally (California Political Reform Act, Government Code Section 81000 et seq. and See also the Common Law Conflict of Interest Doctrine which can have broader application). In other instances, a Councilmember’s interest in a contract that may come before City decision-makers for approval may prevent City decision makers from approving the contract at all, even if the interested Councilmember agrees to recuse himself/herself from voting on the contract (Government Code Section 1090). State law also prohibits Councilmembers from voting on certain matters before the City Council that affect the interests of campaign contributors (Government Code Section 84308). The preceding summary of laws is not exhaustive and the fact that an applicable law is not expressly referenced in these policies does relieve a Councilmember from complying with such laws.
ii. A conflicted Councilmember is not only prohibited from voting on the matter for which he/she has a conflict, the Councilmember must also refrain from participating in any pre-decisional planning, discussion, deliberation and/or strategizing on the matter with City staff and his/her City Council colleagues and refrain from efforts to influence City Council colleagues and others participating in the decision-making process. iii. As the analysis of conflicts laws as applied to individual circumstances can be complex, nuanced and often fact-specific, Councilmembers are strongly encouraged to be alert to potential conflicts and consult with the City Attorney, the Fair Political Practices Commission or their own legal counsel whenever there is a concern about a conflict and well in advance of any City Council consideration of the matter. Failure to comply with State laws can expose a Councilmember to significant penalties and other legal liabilities, including criminal liability.
iv. If a Councilmember has a disqualifying conflict of interest, he/she must recuse himself/herself from participating in the matter. In the context of a City Council meeting this means that the Councilmember must state the nature of the conflict on the records and step down from the dais, except in the case of matters to be approved on the Consent agenda. It is also noted that abstention from a matter is not the same as recusal because in abstaining the Councilmember remains on the dais, is counted toward the quorum and is therefore deemed to be participating in the making of the decision.
18 of 36
May 12, 2025 Special CC Mtg Page 78 of 116
Current Policy Proposed Updated Policy
4.7 LIMITATION OF DEBATE 4.7 LIMITATIONS OF DEBATE
No Councilmember should be allowed to speak more than
once upon any one subject until every Councilmember
choosing to speak has spoken. Merely asking a question, or making a suggestion, is not considered as speaking. (Robert’s Rules of Order)
No Councilmember should be allowed to speak more than once upon any one subject until every Councilmember choosing to speak has spoken. A Councilmember who does not have the floor may interject and address the Presiding Officer with the following:
(a) Questions of Privilege (e.g., audience members cannot hear, issue with conditions in the chambers or member needs to excuse himself/herself); (b) Points of Information (e.g., to get simple brief clarification on procedures or simple clarifying information related to the business at hand); or (c) Points of Order (e.g., to enforce rules of decorum or to disagree with Presiding Officer’s application of procedures).
4.8 DISSENTS AND PROTESTS 4.8 DISSENTS AND PROTESTS
Any Councilmember shall have the right to express dissent from, or protest to, any action of the Council and request that the reason be entered into the minutes. (Robert’s Rules of Order)
During that portion of the agenda entitled General City Council/Board Member Comments and Liaison Updates, any
Councilmember shall have the right to express dissent from, or protest to, any action of the City Council and request that the reason be entered into the minutes. Councilmembers should refrain from voicing their dissent or protest when roll call on the matter is being taken, however, incidental to voting Yes, No or Abstain the Councilmember may preface his/her vote with a very brief, concise and succinct statement of their reasoning.
4.9 PROCEDURES IN ABSENCE OF RULES 4.9 PROCEDURES IN ABSENCE OF RULES In the absence of a rule to govern a point or procedure, Robert’s Rules of Order shall govern. (Suggested League of California Cities Procedure)
Where these policies are silent as to a matter of procedure, the Presiding Officer may refer to Robert’s Rules of Order for guidance in making a ruling, provided that the ruling may be overturned by majority vote of members present. The foregoing notwithstanding no procedures shall be followed that violate applicable State or federal law.
19 of 36
May 12, 2025 Special CC Mtg Page 79 of 116
Current Policy Proposed Updated Policy
5.1 MANNER OF ADDRESSING THE CITY COUNCIL 5.1 MANNER OF ADDRESSING THE CITY COUNCIL During the public comment portion of a regular meeting, members of the public may address the City Council on agenda items before consideration or on any subject matter within the City Council’s jurisdiction.
No member of the public shall enter into any discussion without first being recognized by the Presiding Officer. (Robert’s Rules of Order).
All remarks and questions shall be addressed to the Presiding Officer and not to any individual Councilmember, staff member or other person.
Any member of the public desiring to address the City Council shall present the City Clerk with a speaker’s card, stating his/her name. For purpose of staff follow up, the speaker may also provide his/her address.
Members of the public that cannot attend the meeting may submit a letter or statement to include in the record, which must be received by the City Clerk’s Office no later than 12:00 pm on the day of the meeting to be provided to City Council and made available for public review. The City Clerk will not read written comments and the member of the public must be present to address the City Council.
Public comment will not be accepted via telephone or video conference, or other medium of communication.
During a public hearing, all remarks shall be limited to the subject under consideration. For a special meeting, members of the public may address the City Council concerning any item listed on the agenda before or during consideration. Unlike regular meetings, the City Council does not have to allow public comment on non-agenda matters.
A. During the public comment portion of a regular meeting, members of the public may address the City Council on agenda items before consideration or on any subject matter within the City Council’s jurisdiction. Members of the public who are physically present must address the City Council from the speaker’s podium and members of the public participating remotely must do so through the two-way remote participation means established by the City. No member of the public may begin speaking without first being recognized by the Presiding Officer or the City Clerk in the case of those participating remotely. All remarks and questions must be addressed to the City Council as a body and not to any individual Councilmember, City employee or member(s) of the audience.Any member of the public who wishes to address the the City Council in person shall present the City Clerk with a speaker’s card, stating his/her name. To facilitate staff follow up, the speaker may also provide his/her address. Members of the public may call-in to the telephone number listed on the agenda, using the meeting ID and Passcode. When connecting to the Zoom meeting to speak, you will be placed in a virtual “waiting area,” with your audio disabled. When it is your turn to speak, you will be identified by announcing the last four digits of your telephone number. To unmute press *6 on your phone and begin your comment. Comments will be heard in the order received, and limited to three minutes. If necessary, the call-in period may be extended by the Mayor. Note: This is audio only and no video.
C. Public Remote Participation : Effective January 1, 2026, members of the public may address the City Council remotely for all meetings of the City Council in the manner prescribed under the Brown Act as amended by Senate Bill 707 (Durazo)(“SB 707”) and these policies. The City shall have sole discretion as to the technological means most practical and feasible for allowing members of the public to participate remotely. All restrictions, limitations and rules applicable to members of the public who address the City Council in person shall apply to those addressing the City Council remotely, unless otherwise mandated under SB 707.
D. Remote Participation Disruption Policy: It shall be the policy of the City Council to adopt a procedure to manage disruptions to two-way remote participation tools during Brown Act meetings to comply with SB707. The following procedure shall apply constitute the adopted policy of the City for meetings of all bodies of the City subject to the Brown Act and these instructions shall be included in all posted agendas: Pursuant to Senate Bill 707, each qualified legislative body shall provide two-way remote participation, ensuring public participation, not only in person but also through a two-way phone or video platform that includes but is not limited to Zoom or Microsoft Teams. In the event of a disruption that makes twoway remote participation not possible during a meeting, the legislative body shall recess for no less than one hour to make good faith efforts to restore service. If service cannot be restored after one hour, the legislative body shall adopt, by roll-call vote, a formal finding affirming that reasonable efforts were taken to resolve the disruption and that resuming the meeting serves the public interest more than further delaying it to find 20 of 36 May 12, 2025 Special CC Mtg Page 80 of 116
Current Policy Proposed Updated Policy
a resolution. To the extent lawfully agendized closed session matters appear on the agenda of the disrupted meeting, the body reserves the right to recess to closed session to address those agendized closed session items during the one-hour recess to mitigate delays in the transaction of business.
E. In lieu of in-person or remote comment, members of the public that may also submit comments in writing to include in the record, which must be received by the City Clerk’s Office no later than 12:00 pm on the day of the meeting to be provided to the City Council and made available for public review. The City Clerk will not read written comments.
F. During a public hearing, all remarks shall be limited to the subject under consideration. For a special meeting, members of the public may only address the City Council concerning items listed on the agenda. 21 of 36
May 12, 2025 Special CC Mtg Page 81 of 116
Current Policy Proposed Updated Policy
5.2 TIME LIMITATION 5.2 TIME LIMITATION AND TRANSLATION Any public member addressing the City Council shall limit his address to three (3) minutes unless further time is granted by the Presiding Officer or majority of the City Council.
The Presiding Officer shall have the discretion but not the obligation to allow members of the public to comment on items appearing on the agenda under Administrative Reports and Consent Calendar sections of the agenda.
A. Time Limits: Except as otherwise required under Government Code Section 54954.3(b)(2), any member of the public addressing the City Council, whether during the Public Statement portions of the agenda or as part of a separate public hearing, shall limit his/her address to three (3) minutes. The Presiding Officer or majority of the City Counsel reserve the right to shorten speaker time as reasonable and appropriate because of the presence of a large number of people wishing to speak on a matter, the volume of business before the City Council or other similar circumstances.
B. Time Limits and Translation: Paragraph A notwithstanding, as required by Government Code Section 54954.3(b)(2), each legislative body of the City that is subject to the Brown Act shall provide at least twice the allotted time to a member of the public who utilizes a translator. The foregoing notwithstanding, as provided under Government Code Section 54954.3(b)(3), the legislative body shall be under no obligation to provide twice the allotted time when simultaneous translation equipment is used that allows the legislative body to hear the translated public testimony simultaneously.
C. Facilitating Third-Party Translation. As provided under Government Code Section 54953.4(b)(2)(B), the City is under no obligation to provide interpretation of any public meeting. Nevertheless, per Government Code Section 54953.4(b)(2)(A), the City Council shall reasonably assist members of the public who wish to translate a public meeting into any language or wish to receive interpretation provided by another member of the public, so long as the interpretation is not “disrupting” to the meeting, as defined in Government Code Section 54957.95. Per Government Code Section 54957.95(b)(1), “disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following: (i) q failure to comply with reasonable and lawful regulations+B182 adopted by a legislative body or any other law; and/or (ii) engaging in behavior that constitutes use of force or a “true threat of force” within the meaning of Government Code Section 54957.95(b)(2). The City Clerk shall publicize instructions on how to request assistance which may include any of the following, as determined by City Council: (1) arranging space for one or more interpreters at the meeting location; (2) allowing extra time during the meeting for interpretation to occur; and (3) ensuring participants may utilize their personal equipment or reasonably access facilities for participants to access commercially available interpretation services. As provided under Government Code Section Government Code Section 54953.4(b)(2)(C), (i) the City Council is not responsible for the content or accuracy of any interpretation facilitated, assisted with, or provided in the manner described above; and (ii) no action shall be commenced or maintained against the City Council arising from the content or accuracy of any 22 of 36
May 12, 2025 Special CC Mtg Page 82 of 116
Current Policy Proposed Updated Policy
6.1 PROCESSING OF MOTIONS 6.1 POLICY OBJECTIVES
When a motion is made and seconded, it may be stated by the Presiding Officer before debate. A motion may be withdrawn by the mover without the consent of the Councilmember
seconding it.
To ensure orderly, full and fair deliberation on matters for which City Council action is sought, the following rules shall govern the making, discussion and voting on motions during City Council meetings.
6.2 MOTIONS OUT OF ORDER
6.2 OPPORTUNITY TO ASK QUESTIONS AND COMMENT BEFORE
MOTIONS
The Presiding Officer, or a majority of the City Council, may at any time permit a member to introduce an ordinance,
resolution or motion presently on the agenda out of the regular agenda order. (Reference Sections 2.1) (Robert’s Rules of Order)
Councilmembers shall refrain from making motions on any agendized matter under consideration until the Presiding Officer (i) has recognized and given all members of the City Council an opportunity to ask questions and offer comment on the matter; and (ii) opens the floor for the making of motions. Once all members of the City Council have had an opportunity to ask questions and/or comment on a matter, the Presiding Officer will ask
Councilmembers if they have any additional questions and/or comments. If there are no additional questions or comments the Presiding Officer will then open the floor for the making of motions.
6.3 DIVISION OF MOTION 6.3 MAKING MOTIONS
If a motion contains two or more divisible propositions, the Presiding Officer may, and upon request of a Councilmember shall (unless appealed by another Councilmember), divide the same. (Robert’s Rules of Order)
All motions shall require a second in order to be voted upon. Before a motion is seconded, the Presiding Officer may recognize Councilmembers who wish to make points of order, privilege or inquiry. When a motion is made and seconded, the Presiding Officer will state (i.e., recite the motion under consideration) before deliberation on the motion or voting.
6.4 PRECEDENCE OF MOTIONS 6.4 WITHDRAWAL OF MOTION
When a motion is before the City Council, no other motion shall be entertained except the following:
a.Adjourn
b.Fix Hour of Adjournment
c.Table
d.Previous Question
e.Amend
f.Postpone
(Robert’s Rules of Order).
A Councilmember may withdraw his/her motion at any time prior to a vote on the motion, without the concurrence of the
Councilmember who seconded the motion. If the motion is withdrawn it is deemed removed from consideration and will not be voted on.
23 of 36
May 12, 2025 Special CC Mtg Page 83 of 116
Current Policy Proposed Updated Policy
6.5 MOTION TO ADJOURN (NOT DEBATABLE) 6.5 DIVISION OF MOTION A motion to adjourn shall be in order at any time except as follows:
a.When repeated without intervening business or discussion, b.When made as an interruption of a Councilmember while speaking,
c.When the previous question has been ordered, or
d.While a vote is being taken.
A motion to adjourn “to another time” (i.e., to an adjourned meeting) shall be undebatable and unamendable, except as to the time set. (Robert’s Rules of Order)
If a motion contains two or more divisible propositions, the Presiding Officer, may (unless appealed by another
Councilmember), divide the same into two separate motions.
6.6 MOTION TO FIX HOUR OF ADJOURNMENT 6.6 PRECEDENCE OF MOTIONS A motion to specify a definite hour to which the subject meeting shall be adjourned is undebatable and unamendable, except as to the time set. (Robert’s Rules of Order)
When a main motion is before the City Council, no other main motion shall be entertained except the following:
a. Adjourn
b. Fix Hour of Adjournment
c. Table
d. Previous Question
e. Amend
f. Postpone
6.7 MOTION TO TABLE 6.7 MOTION TO ADJOURN (NOT DEBATABLE) A motion to table shall be used to temporarily bypass the subject and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be “taken from the table” at any time prior to the end of the next meeting. (Robert’s Rules of Order)
A motion to specify a definite hour to which the subject meeting shall be adjourned is undebatable and unamendable, except as to the time set. (Robert’s Rules of Order)
6.8 MOTION TO CALL FOR THE PREVIOUS QUESTION 6.8 MOTION TO FIX HOUR OF ADJOURNMENT Such a motion shall be used to close debate on the main motion and shall be undebatable. If the motion fails, debate shall be reopened if the motion passes, a vote shall be taken on the main motion. (Robert’s Rules of Order)
A motion to specify a definite hour to which the subject meeting shall be adjourned is undebatable and unamendable, except as to the time set. (Robert’s Rules of Order)
6.9 MOTION TO AMEND 6.9 MOTION TO TABLE
A motion to amend shall be debatable only as to the
amendment. An amendment modifying the intention of a
motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable and voted first, then the main motion as amended. (Robert’s Rules of Order)
A motion to table shall be used to temporarily bypass the subject and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be “taken from the table” at any time prior to the end of the next meeting. (Robert’s Rules of Order
24 of 36
May 12, 2025 Special CC Mtg Page 84 of 116
Current Policy Proposed Updated Policy
6.10 MOTION TO CONTINUE
Motions to continue to a definite time shall be amendable and debatable as to suitability of postponement and time set for postponement. (Robert’s Rules of Order)
6.11 GENERAL CONSENT
Unless otherwise required as noted in Section 7.2, the City Council may by general, unanimous or silent consent do
business with less regard for formal motions. Where there appears to be no objection, the formality of voting can be avoided by the Presiding Officer asking if there is any objection by any Councilmember to the proposed action, and, if there is none, the Presiding Officer shall announce the result. The action thus taken is by general consent of the City Council. (Robert’s Rules of Order)
6.10 MOTION TO CALL FOR THE PREVIOUS QUESTION
Such a motion shall be used to close debate on the main motion and shall be undebatable. If the motion fails, debate shall be reopened if the motion passes, a vote shall be taken on the main motion. (Robert’s Rules of Order)
6.11 MOTION TO AMEND
A motion to amend shall be debatable only as to the amendment.
An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable and voted first, then the main motion as amended. (Robert’s Rules of Order)
6.12 MOTION TO CONTINUE
Motions to continue to a definite time shall be amendable and debatable as to suitability of postponement and time set for postponement. (Robert’s Rules of Order)
25 of 36
May 12, 2025 Special CC Mtg Page 85 of 116
Current Policy Proposed Updated Policy
7.1 VOTING PROCEDURE 7.1 VOTING PROCEDURE
Motions shall be adopted by voice vote, roll call vote or by the general consent/“no objection” method, as described in
Section 6.11. The results of the vote shall be entered in full in the minutes.
The order of a roll call vote shall be designated by the City Clerk, with the Mayor voting last.
Except as otherwise provided herein, the “no objection” method for expediting lengthy agendas may be used unless any Councilmember requests a voice or roll call vote. The approval of the motion in the minutes shall be reflected as a “no objection” vote or that the motion “carried unanimously”. (Robert’s Rules of Order)
Roll call votes shall be taken on all ordinances, resolutions, or orders for the payment of money unless the vote is unanimous.
Motions requiring a 4/5ths affirmative vote shall be announced by City staff prior to City Council consideration of the motion.
Motions shall be adopted by voice vote, roll call vote or by the general consent/“no objection” method, as described in Section
6.11. The results of the vote shall be entered in full in the minutes.
The order of a roll call vote shall be designated by the City Clerk, with the Mayor voting last.
Except as otherwise provided herein, the “no objection” method for expediting lengthy agendas may be used unless any
Councilmember requests a voice or roll call vote. The approval of the motion in the minutes shall be reflected as a “no objection” vote or that the motion “passed unanimously”. (Robert’s Rules of Order)
Roll call votes shall be taken on all ordinances, resolutions, or orders for the payment of money unless the vote is unanimous.
Motions requiring a 4/5ths affirmative vote shall should be announced by City staff prior to City Council consideration of the motion.
7.2 VOTING 7.2 VOTING
Every ordinance, resolution or order for the payment of money requires three affirmative votes (with the exception of urgency ordinances, which require four affirmative votes). Any member may change his vote on any item before the next order of business. The votes shall be lost motions and may be
reconsidered. (Robert’s Rules of Order)
Every ordinance, resolution or order for the payment of money requires three affirmative votes (with the exception of urgency ordinances, which require four affirmative votes). Any member may change his vote on any item before the next order of business. The votes shall be lost motions and may be reconsidered. (Robert’s Rules of Order)
7.3 FAILURE TO VOTE 7.3 [RESERVED]
Every Councilmember should vote unless disqualified for cause. Abstentions shall not be counted as a vote.
26 of 36
May 12, 2025 Special CC Mtg Page 86 of 116
Current Policy Proposed Updated Policy
7.4 RECONSIDERATION 7.4 RECONSIDERATION
Any member who voted with the majority may move a
reconsideration of any action at the same meeting. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the City Council. (Robert’s Rules of Order)
Any Councilmember who voted with the majority may move a reconsideration of any actio, provided (i) the motion is made at the same meeting as the action to be reconsidered was taken; (ii) it is seconded; and (iii) the action to be reconsidered is one that may be lawfully reconsidered. In addition to the foregoing, where the action to be reconsidered was the main subject of a quasi-judicial proceeding (e.g., a land use appeal or entitlement application etc.), a motion for reconsideration may only be made if the applicant, appellant or other party whose interest was the subject of the proceeding is still present and is given an opportunity to address the City Council on the motion to reconsider and, if the motion to reconsider was successful, any alternative action taken by the City Council.
The motion for reconsideration may be seconded by any
Councilmember. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the City Council.
NONE 7.5 RECISSION
Any Councilmember may make a motion to rescind (i.e., undo) a prior action of the City Council, provided (i) the motion is seconded and (ii) the action to be rescinded is one that may legally be rescinded. Any Councilmember may second the motion to rescind.
A motion to rescind:
(a) Does not bring a matter back for further consideration or debate if adopted. It simply nullifies the prior action;
(b) Can be brought at anytime, subject to any legal limitations or restrictions on the ability of the City Council to rescind a prior action;
(c) May be made by any Councilmember.
8.1 RESOLUTIONS PREPARED IN ADVANCE 8.1 RESOLUTIONS PREPARED IN ADVANCE Where a resolution has been prepared in advance, the
procedure shall be: staff/City Council report (if needed), discussion (if needed), motion, second, City Council votes, and results declared. All resolutions shall be read in full, unless the full reading is waived by unanimous consent of the City Council. Items of the Consent Calendar are automatically deemed to have the full reading waived by common consent. (Suggested League of California Cities Procedure)
Where a resolution has been prepared in advance, the procedure shall be: staff/City Council report (if needed), discussion (if needed), motion, second, City Council votes, and results declared.
All resolutions shall be read in full, unless the full reading is waived by unanimous consent of the City Council. Items of the Consent Calendar are automatically deemed to have the full reading waived by common consent. (Suggested League of California Cities Procedure)
27 of 36
May 12, 2025 Special CC Mtg Page 87 of 116
Current Policy Proposed Updated Policy
8.2 RESOLUTIONS NOT PREPARED IN ADVANCE 8.2 RESOLUTIONS NOT PREPARED IN ADVANCE Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Attorney or City Manager to prepare a resolution for presentation at the next City Council meeting. (Suggested League of California Cities Procedure) Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Attorney or City Manager to prepare a resolution for presentation at the next City Council meeting. (Suggested League of California Cities Procedure)
8.3 URGENCY RESOLUTIONS REMOVED
In matters of urgency, a resolution may be presented verbally in motion form together with specific instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure for resolutions prepared in advance as stated in Section 8.1 shall be followed. Urgency resolutions shall be avoided except when absolutely necessary and shall be avoided entirely when resolutions are required by law or in improvements acts, zoning matters and force account work on public project. (Suggested League of California Cities Procedure)
28 of 36
May 12, 2025 Special CC Mtg Page 88 of 116
Current Policy Proposed Updated Policy
9.1 INTRODUCTION (FIRST READING) 9.1 ORDINARY APPROVAL OF ORDINANCES At the time of introduction, an ordinance shall be read in full, unless, after reading the title, reading is waived by unanimous consent of the City Council. The procedure for introduction of an ordinance shall be: reading of the title by the Presiding Officer or City staff member, motion to introduce first reading, second, discussion (if needed), City Council votes, and results declared. (Suggested League of California Cities Procedure) a. Per Government Code Section 36934:
1. Ordinances require two readings to be adopted/approved: one to introduce the ordinance (first reading) and a second to adopt/approve the ordinance (second reading);
2. The second reading of an ordinance may not occur within 5 days of the first reading;
3. Second readings may only occur at regular or adjourned regular meetings; and
4. All ordinance must be read in full either at the time of introduction (first reading) or at the time of adoption/approval (second reading), except in either of the following circumstances:
(i) when, after reading the title, further reading is waived by regular motion adopted by majority vote; or (ii) if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or approval/adoption.
If the motion to approve an ordinance for first reading was unanimous, the second reading of the ordinance may be agendized under the Consent Calendar. Following the second reading approval of an ordinary ordinance, the City Clerk shall comply with all notice and publication requirements called for under the Government Code or any other statutes governing the subject matter of the ordinance. Per Government Code Section 36937, ordinary ordinances become effective 30 days from the date the ordinance was approved/adopted for second reading.
b. Per Government Code Section 36936 all ordinances require a recorded majority vote of the total membership of the City Council irrespective of the number of City Councilmembers’s present (i.e., a minimum of 3 votes in favor of the ordinance are needed). c. When applicable law requires the conduct of a public hearing as part of the approval process for an ordinance, the City Council shall conduct a public hearing and comply with all other noticing and publication requirements required by law.
29 of 36
May 12, 2025 Special CC Mtg Page 89 of 116
Current Policy Proposed Updated Policy
9.2 ADOPTION (SECOND READING) 9.2 URGENCY ORDINANCES; INTERIM ORDINANCES With the sole exception of ordinances which take effect immediately (as outlined in the following sections), no ordinance shall be adopted by the City Council on the day of introduction, nor within five days thereafter, nor at any time other than a regular or adjourned meeting.
If the Ordinance was unanimously approved at the time of introduction, adoption (second reading) of the ordinance may be placed on the Consent Calendar with the recommendation that City Council waive full reading of the ordinance and adopt by title only. If it was not unanimously approved at the time of introduction, the ordinance shall be read in full unless, after reading the title, the full reading is waived by unanimous consent of City Council. Unless approved on the Consent Calendar, the procedure for adoption of an ordinance shall be:
reading of the title by the Presiding Officer or City staff member, motion to pass, second reading and adoption of ordinance second, discussion, vote and result declared. (Suggested League of California Cities Procedure)
a. Ordinances for the immediate preservation of the public peace, health or safety within the meaning of Government Code Section 36937(b); and interim ordinances within the meaning of
Government Code Section 65858, including extensions of the same take effect immediately without the need for a second reading or a 30-day waiting period before becoming effective. The City shall comply with all noticing, publication, public hearing and finding requirements for all such ordinances.
9.3 AMENDMENT FOLLOWING INTRODUCTION REMOVED
In the event that an ordinance is altered after its introduction, a motion for an amended introduction shall be required. The ordinance shall not be considered for adoption until five days thereafter and not at any meeting other than a regular or adjourned meeting. The correction of typographical or clerical errors shall not constitute making an alteration within the meaning of this Section.
9.4 EFFECTIVE DATE REMOVED
All ordinances, except as listed below, shall become effective 30 days after adoption, or upon such later date as may be designated in the ordinance. The following ordinances shall become effective immediately upon adoption:
a.Urgency Ordinances;
b.Ordinances calling, or otherwise relating to, an election; c.Ordinances relating to street improvement proceedings; d.Ordinances relating to taxes for the usual and current expenses of the City; or
e.Ordinances covered by particular provisions of law
prescribing the manner of their passage and adoption.
30 of 36
May 12, 2025 Special CC Mtg Page 90 of 116
Current Policy Proposed Updated Policy
9.5 PUBLISHING REMOVED
It shall be the duty of the City Clerk to cause each ordinance to be published within 15 days after adoption with the names of those Councilmembers voting for and against the ordinance.
9.6 URGENCY ORDINANCES REMOVED
Any ordinance declared by the City Council to be
necessary as an urgency measure for preserving the
public peace, health or safety, and containing a
statement of the reasons for its urgency, may be
introduced and adopted at the same meeting. Such
Ordinance must be passed by a least four affirmative
votes.
10.1 PREPARATION OF MINUTES SECTION RESERVED
It is the City Clerk’s responsibility to maintain the record (minutes) of City Council meetings. Minutes shall be approved by the City Council, to lend further weight to the accuracy and completeness of the record. The City Clerk shall have exclusive responsibility for preparation of the minutes and any directions for changes to conform with fact shall be made by action of the City Council.
The City Clerk shall keep “Action Minutes” in order to maintain a full and true record of all proceedings of the City Council. The minutes shall consist of a clear and concise statement of each and every City Council action including the motions made and the vote thereon. Reasons for making motions or voting, City Council debate and audience reaction are generally not
included in the minutes. Such items may be included if
considered to be particularly relevant or otherwise necessary by the City Clerk.
10.2 ABSENCE OF CITY CLERK SECTION RESERVED
If the City Clerk is absent from a City Council meeting, the Deputy City Clerk shall act. If there is none, the Mayor shall appoint one of the Councilmembers as City Clerk Pro Tem. (Government Code Section 36804)
31 of 36
May 12, 2025 Special CC Mtg Page 91 of 116
Current Policy Proposed Updated Policy
11.1 SELECTION OF MAYOR AND VICE MAYOR 11.1 SELECTION OF MAYOR AND VICE MAYOR Pursuant to Government Code Section 36801 “The City Council shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Elections Code Sections 10262 and 10263 and, following the declaration of the election results and the installation of elected officials, choose one of its members as Mayor and one of its members as Mayor Pro Tempore.” The terms of office of the Mayor of the City Council and Vice Mayor shall be for one year, or until their successors have been chosen. In those years in which a general municipal election is not held, the City Council shall choose a Mayor of the City Council and Vice Mayor at the first regular meeting in
December. Nothing herein shall be deemed or construed to prohibit any person from serving any number of consecutive one-year terms in any office in this City.
The following procedure shall be used:
Election of Mayor:
a. City Clerk opens the nominations for the position of Mayor b. Nomination(s) is/are made for Mayor, and seconded
c. Hearing no objections, motion to close nominations
d. City Clerk conducts a roll call vote and each Councilmember announces their vote for Mayor until a Mayor is elected by majority vote
e. City Clerk announces the results
Election of Vice Mayor: (City Clerk to follow steps a-e above) Annually, the City Council shall undertake a reorganization to choose one of its members to serve as Mayor and another to serve Vice-Mayor/Mayor Pro Tempore. The dates for undertaking the annual reorganization shall be as follows:
(a) In even numbered years, the City Council, as mandated by Government Code Section 36801, shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore. (b) In odd numbered years, the City Council shall meet at the first regular meeting date falling on or immediately following the oneyear anniversary of the date of the prior year reorganization.
Nothing herein shall be deemed or construed to prohibit any person from serving any number of consecutive terms as Mayor or ViceMayor mayor pro tempore.
The following procedure shall be used:
Election of Mayor:
a. City Clerk opens the nominations for the position of Mayor b. Nomination(s) is/are made for Mayor, and seconded
c. Hearing no objections, motion to close nominations
d. City Clerk conducts a roll call vote and each Councilmember announces their his/her vote selection for Mayor from among the nominees.
e. The first nominee to receive at least 3 votes shall be the City Council appointee for Mayor. If no nominee receives 3 votes during the first round of voting, nominees receiving 1 vote or less will be removed from further consideration and successive rounds of voting from the remaining nominees will be conducted in the same manner until there is a nominee receiving at least 3 votes. f. If after 5 rounds of voting no nominee succeeds in obtaining 3 or more votes, the City Council by majority vote may agree on some alternative means of selecting the Mayor from among the remaining nominees, including methods of chance, drawing names, removing one or more Councilmembers from consideration, and/or vacating the current seat.
g.
Election of Vice-Mayor: (City Clerk to follow steps a-e above) 32 of 36
May 12, 2025 Special CC Mtg Page 92 of 116
Current Policy Proposed Updated Policy
NONE 11.3 REORGANIZATION CITY COUNCIL MEETING
The reorganization meeting shall be limited to reorganizationrelated matters, the consent calendar matters, ordinance that require a second reading of a previously introduced ordinance, any matters the City Council has previously directed to be heard at the reorganization meeting, and any urgent matters identified by City staff that cannot reasonably be postponed to the next City Council meeting.
15.5 DEFINITIONS 15.5 DEFINITIONS
a.“City seal” shall have the same meaning as set forth under Section 1-13 of the San Fernando Municipal Code as the same may be amended from time to time. The City seal as described under Section 1-13 appears as follows:
b. “City logo(s)” shall mean and include all logos or designs used for purposes of symbolically representing the authority of the City of San Fernando and the capacity of its officers, employees and agents as representatives of the City of San Fernando. City logos include, but are not limited to this image a. “City seal” shall have the same meaning as set forth under Section 1-13 of the San Fernando Municipal Code as the same may be amended from time to time. The City seal as described under Section 1-13 appears as follows:
b. "City logo(s)” shall have the same meaning as set forth under Section 1-13 of the San Fernado Municipal Code as the same may be amended from time to time. City logos as described include the following depictions:
16.1 FORM 700 OVERVIEW 16.1 FORM 700 STATEMENT OF ECONOMIC INTERESTS
OVERVIEW
16.2 TIMELY SUBMISSION OF ANNUAL STATEMENTS OF
ECONOMIC INTEREST
16.2 FILING OF FORM 700
The City Clerk notifies those required to file a Form 700 of the precise filing deadline. Under State law, annual Form 700’s are due by or before April 1st of each year or such other date as the Fair Political Practices Commission may prescribe by
regulation for local elected officials. The Form 700 must also be filed within thirty (30) days of assuming or leaving office.
Irrespective of notice provided by the City Clerk or any other City official or employee, it is the individual responsibility of each member of each City Council and each member of the Planning and Preservation Commission to keep themselves aware of filing deadlines and to file a Form 700 by or before the prescribed deadline.
Pursuant to Assembly Bill 1170 signed by the Governor on September 6, 2024, effective January 1, 2025, Statements of Economic Interests (Form 700) filed by a Councilmembers must be filed electronically with the FPPC using the FPPC’s electronic filing system. The FPPC is the filing officer for Councilmembers.
Councilmembers should consult with the City Clerk and the FPPC regarding applicable filing deadlines. For questions regarding efiling or login ID and password, Councilmembers may email [email protected]. For specific questions about reporting requirements, Councilmembers should contact the FPPC at [email protected] or 1-866-ASK-FPPC.
33 of 36
May 12, 2025 Special CC Mtg Page 93 of 116
Current Policy Proposed Updated Policy
NONE SECTION 17. MISCELLANEOUS
NONE 17.1 Consultation with City Attorney.
A. Any Councilmember should be able to contact and consult with the City Attorney to discuss any matter within the subject matter jurisdiction of the City, and for general information regarding conflict of interest issues, FPPC filing requirements, ethics-related issues and the like, without such information having to be shared with other Councilmembers, unless the City Attorney is ethically required to disclose such information to the full City Council as a whole pursuant to applicable State Bare Rules or other applicable laws. Councilmembers may also consult with the City Attorney to obtain non-confidential information or clarification on matters of potential interest to the Councilmember without such inquiry or information having to be shared with the full City Council, unless the City Attorney is ethically required to disclose such information to the full City Council. Furthermore, the City Attorney, in his/her discretion and professional judgement, may also share such information with the full City Council if it relates to or otherwise informs (i) a matter that is currently being considered by the City Council or that is agendized for consideration at an upcoming meeting of the City Council; or (ii) a topical and/or hotly contested matter of concern or interest to all Councilmembers or to the larger San Fernando community. The City Attorney shall notify a Councilmember in advance if he/she believes such information should be shared with all members of the City Council. It is also understood that by communicating with individual
Councilmembers in such a manner, no attorney-client relationship shall exist, or be created, as between the City Attorney and individual Councilmembers.
B. Work to be performed by the City Attorney which is requested by an individual Councilmember requiring substantial research or activity (more than five (5) hours) should be assigned based on approval by the City Manager.
34 of 36
May 12, 2025 Special CC Mtg Page 94 of 116
Current Policy Proposed Updated Policy
NONE 17.2 Communications between Councilmembers and
Employees
A. Purpose: This policy established the procedure for (i) staff contacts initiated by Councilmembers; and; (ii) councilmember contacts initiated by employees. This policy is intended to establish clear and proper channels of communication between Councilmembers and employees and to promote the efficient use of staff time.
B. Councilmember-Initiated Contacts. Each Councilmember shall comply with the provisions of Section 2-123 (Relations with council) of the San Fernando Municipal Code (hereinafter, "Section 2-123") with respect to interactions between the Councilmember and subordinate employees of the City Manager. Section 2-123 provides in relevant part:
The City Council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the City Council nor any member of the City Council shall give orders to any subordinates of the city manager. For purposes hereof, "inquiry" means any and all communications short of giving orders, directions, or instructions to any member of the administrative staff. Such staff members shall provide all information reasonably requested by any councilmember. The city manager shall take orders and
instructions from the city council only when sitting in a duly convened meeting of the city council and no individual
councilmember shall give any orders or instructions to the city manager….”
C. Employee-Initiated Contacts. When an employee is required to make contact with a Councilmember in the course of the
employee’s performance of his/her official job duties, a Councilmember may participate in such employee-initiated contact, provided the employee was authorized to initiate such contact by his or her department head or the City Manager. All requests by employees other than department heads to speak to a Councilmember regarding City related business shall be submitted to their department head or the City Manager for consideration. The request will include the subject matter and the reason
necessitating the contact. Employees are not to contact Councilmembers directly regarding non-City business on City time; failure to comply with this directive may result in disciplinary action. The foregoing does not prevent employees from contacting Councilmembers on purely personal/social matters unrelated to the discharge of the employee’s official duties
35 of 36
May 12, 2025 Special CC Mtg Page 95 of 116
Current Policy Proposed Updated Policy
D. Miscellaneous.
1. Individual Councilmembers shall refrain from initiating communications or other similar contacts with any representative of City collective bargaining units for the purpose of negotiating with such bargaining units on the City’s or City Council’s behalf in outstanding contract negotiations. A Councilmember shall not hold himself or herself out as the City’s designated labor negotiator or as someone speaking on the City Council’s behalf, unless he or she has been appointed to act in such capacity by the City Council.
2. In the event of an unsolicited communication or contact initiated by any representative of a City collective bargaining unit (including any City employee acting in a representative capacity on behalf of his or her bargaining unit) during outstanding contract negotiations, the Councilmember shall refrain from disclosing any privileged or otherwise confidential information or documentation to the bargaining unit representative, including, but not limited to, any privileged or confidential information obtained in closed session.
During such unsolicited communications or contacts,
Councilmembers shall refrain from providing any promises or assurances as to the outcome of any negotiations and shall promptly disclose any information or documentation provided to the Councilmember by the bargaining unit representative that is pertinent to the negotiations to the City Manager so that it may be shared with, and vetted by, the full membership of the City Council, the City Manager and the City’s designated labor negotiator(s).
Nothing in this paragraph shall be construed to grant permission to an individual Councilmember to disclose any information or documentation that is privileged or otherwise confidential at any other time, including times when the City is not engaged in contract negotiations with any one or more of its collective bargaining units. 36 of 36
May 12, 2025 Special CC Mtg Page 96 of 116
From: Julia Fritz
To: Julia Fritz
Subject: RE: Redlined Version Proposed Edits - City Council Procedural Manual Date: Thursday, April 2, 2026 10:01:16 AM
Attachments: image001.png
image002.png
image003.png
From: Mary Mendoza <[email protected]>
Sent: Monday, March 30, 2026 4:53 PM
To: Julia Fritz <[email protected]>
Cc: Kanika Kith <[email protected]>; rpadilla <[email protected]>; Crystal Solis <[email protected]>
Subject: Re: Redlined Version Proposed Edits - City Council Procedural Manual Hi Julia,
Here are a few updates/suggestions I have.
I am going on the printed version you gave me .
1.7 CLOSED SESSION REQUIREMENTS
There is currently no reference to the handling of handouts or emails distributed in connection with Closed Session. I believe it would be important to clearly state that such materials are to be returned at the end of Closed Session unless the City Manager or City Attorney expressly indicates otherwise.
It should also be made clear that Closed Session materials are confidential and may not be shared or distributed to anyone, except as authorized or directed by the City Manager, City Attorney, or established Council protocol.
1.8 define Super Majority
5.1.E
I would prefer that written public comments be due by 8:00 a.m. on the day of the meeting instead of 12:00 noon.
While I understand others may feel differently, receiving written public comments at noon does not leave enough time for me to thoughtfully review them before the meeting. By that time, I am already finalizing my notes and preparing for the evening meeting.
For that reason, an earlier deadline would be much more practical and beneficial.
ATTACHMENT "C"
May 12, 2025 Special CC Mtg Page 97 of 116
Section 17 Miscellaneous
I plan on adding this section. I am still working on some of the wording. You will have it by Wednesday.
E. Councilmembers Safety as it relates to Use of City Hall Mary Mendoza
Safety of City Council Members
Get Outlook for iOS
From: Julia Fritz <[email protected]>
Sent: Wednesday, March 25, 2026 4:08 PM
Cc: Kanika Kith <[email protected]>; rpadilla <[email protected]>; Crystal Solis <[email protected]>
Subject: Redlined Version Proposed Edits - City Council Procedural Manual Good afternoon, Mayor Fajardo and Councilmembers.
Please find attached the most recent redlined version of proposed edits to the City Council Procedural Manual for your review, ahead of consideration at the April 6, 2026 City Council meeting.
Thank you.
Regards,
Julia Fritz, CMC
City Clerk
117 Macneil St | San Fernando, CA 91340
Tel (818) 898-1204 | Fax (818) 361-7631
[email protected] | www.sanfernando.gov
May 12, 2025 Special CC Mtg Page 98 of 116
May 12, 2025 Special CC Mtg Page 99 of 116
This Page
Intentionally
Left Blank
May 12, 2025 Special CC Mtg Page 100 of 116
AGENDA REPORT
CITY COUNCIL 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1201 WWW.SANFERNANDO.GOV REVIEW: ☒ City Clerk ☒ Director of Admin. Services ☒ City Manager To: Vice Mayor Victoria Garcia and Councilmembers
From: Mayor Joel Fajardo
Date: May 20, 2026
Subject: Discussion Regarding the City’s Former Agreement Related to District B in the Downtown Mall Area
RECOMMENDATION:
I have placed this on the agenda (Attachment “A”) for City Council to receive and file the report and provide direction to staff as appropriate, and take any related action, including adoption of a resolution if deemed necessary.
BACKGROUND/ANALYSIS:
1. Attachment “A” was submitted to request to agendize this item for the April 6, 2026 City Council Meeting.
2. On April 6, 2026, the City Council tabled this item to the April 20, 2026 City Council meeting.
3. On April 20, 2026, the City Council tabled this item to the May 4, 2026 City Council meeting.
4. On May 4, 2026, the City Council tabled this item to a special meeting on May 12, 2026.
BUDGET IMPACT:
There is no impact to the budget by discussing this item. Additional future costs to be determined based on City Council direction.
ATTACHMENT:
A. Request to Agendize an Item for City Council Discussion/Consideration B. Resolution No. XXXX
May 12, 2025 Special CC Mtg Page 101 of 116
City Council | 117 Macneil Street | San Fernando, CA 91340 | (818) 898-1201 | Form # CC-003.3 (10/2025) | Page 1 of 1
REQUEST TO AGENDIZE AN ITEM FOR CITY COUNCIL
DISCUSSION/CONSIDERATION
CITY COUNCILMEMBER INFORMATION
NAME TITLE
ITEM INFORMATION
SUBJECT Title of the item you are requesting to be agendized.
BACKGROUND/ANALYSIS Provide the reason you are requesting this item be agendized.
ATTACHMENTS Do you have any attachments to include?
Yes No
RECOMMENDATION Indicate the direction you are recommending.
Joel Fajardo Mayor
Continued Discussion Regarding the City’s Former Agreement Related to District B in the Downtown Mall Area
This item is intended to provide an opportunity for the City Council to continue its discussion regarding the City’s former agreement related to District B in the Downtown Mall area. The discussion may include updates on matters associated with District B, including past agreements, activities, financial matters, and funds associated with the area, as well as any related issues affecting the Downtown Mall. The City Council may also consider taking any related action, including adoption of a resolution, if appropriate.
✔
Receive and file the report, provide direction to staff as appropriate, and take any related action, including adoption of a resolution if deemed necessary.
May 12, 2025 Special CC Mtg
ATTACHMENT "A"
ATTACHMENT “B”
RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN FERNANDO,
CALIFORNIA, REGARDING ECONOMIC EMPOWERMENT AND
REPRESENTATION OF SAN FERNANDO MALL BUSINESSES
WHEREAS, the City of San Fernando (City) values the continued growth and economic success of businesses located within the San Fernando Mall area; and WHEREAS, the City seeks to ensure that all local businesses have equitable access to information, programs, and representation in matters affecting their economic interests; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN FERNANDO DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That the City Council of the City of San Fernando affirms its commitment to supporting all local businesses—irrespective of size, income, or affiliation—and to fostering an inclusive, transparent, and thriving business environment within the San Fernando Mall and throughout the City..
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED THIS _____ day of _____, 2026.
Joel Fajardo, Mayor of the City of San
Fernando, California
ATTEST:
Julia Fritz, City Clerk
May 12, 2025 Special CC Mtg Page 103 of 116
RES. NO. XXXX
2 CERTIFICATION
I, City Clerk of the City of San Fernando, California, do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. XXXX which was regularly introduced and adopted by the City Council of the City of San Fernando, California, at a regular meeting thereof held on the _____ day of _____, 2026, by the following vote of the City Council:
AYES:
NAYS:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Fernando, California, this _____ day of _______, 2026.
Julia Fritz, City Clerk
May 12, 2025 Special CC Mtg Page 104 of 116
May 12, 2025 Special CC Mtg Page 105 of 116
This Page
Intentionally
Left Blank
May 12, 2025 Special CC Mtg Page 106 of 116
AGENDA REPORT
REVIEW: ☒ City Clerk ☒ Director of Admin Services ☒ City Manager CITY COUNCIL 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1201 WWW.SANFERNANDO.GOV To: Mayor Joel Fajardo and Councilmembers
From: Vice Mayor Victoria Garcia
Date: May 12, 2026
Subject: Continued Discussion Regarding Development of an Ordinance Establishing Protocols for the Thorough and Rigorous Vetting of Any Proposed Sale, Leasing and/or Development of City-Owned Land with Private Entities RECOMMENDATION:
I have placed this on the agenda (Attachment “A”) for City Council discussion to provide staff direction to prepare a proposed ordinance like the one described that may be approved for both first and second reading by or before June 30, 2026.
BACKGROUND/ANALYSIS:
1. See Attachment “A” that was submitted to request to agendize this item for the May 4, 2026, City Council Meeting.
2. On May 4, 2026, the City Council directed staff to:
a. Continue the discussion to a special meeting on May 12, 2026; and
b. Return with additional information and a proposed ordinance for first reading on June 8, 2026, and second reading on June 15, 2026, establishing a policy on the sale, disposal, or transfer of City property; including information on how the City has sold, disposed of, or transferred property in the past; a report on other Development Agreements with the City; and whether the City can post City-owned properties and related agreements on the City’s website and to develop a policy for posting such information, if needed.
BUDGET IMPACT:
There is no impact to the budget by discussing this item. Additional future costs to be determined based on City Council direction.
ATTACHMENTS:
A. Request to Agendize an Item for City Council Discussion/Consideration May 12, 2025 Special CC Mtg Page 107 of 116
ŝƚLJŽƵŶĐŝůͮϭϭϳDĂĐŶĞŝů^ƚƌĞĞƚͮ^ĂŶ&ĞƌŶĂŶĚŽ͕ϵϭϯϰϬͮ;ϴϭϴͿϴϵϴͲϭϮϬϭͮ&ŽƌŵηͲϬϬϯ͘ϯ ;ϭϬͬϮϬϮϱͿͮWĂŐĞϭ ŽĨϭ Z
Yh
^ddK'
E/
E/d
D&KZ/dzKhE/>
/^h^^/KEͬKE^/
Zd/KE
/dzKhE/>D
D
Z/E&KZDd/KE
ED
d/d>
/d
D/E&KZDd/KE
^h:
dTitle of the item you are requesting to be agendized. <'ZKhEͬE>z^/^ Provide the reason you are requesting this item be agendized. dd,D
Ed^Do you have any attachments to include?
zĞƐ EŽ
Z
KDD
Ed/KEIndicate the direction you are recommending.
ATTACHMENT "A"
Victoria Garcia Vice Mayor
Development of an Ordinance Establishing Protocols for the thorough and rigorous vetting any proposed sale, leasing and/or development of City-owned land with private entities.
I seek City Council support to direct City staff to prepare an ordinance designed to ensure that proposed sales and/or development of city-owned lands provide the optimal financial benefit to the City and align with community sensibilities. Subject to State law procedural requirements for the sale and/or development of City-owned lands, I envision an ordinance that may, among other things:
• Promotes efforts to gain a better understanding of community preferences for the use of City-owned lands.
• Requires that the City Council be presented with the full range of legal and business options for the sale, lease or other disposition of City-owned land before entertaining proposals with private interests.
• Requires meaningful community outreach before the City Council may entertain a proposed sale, lease or other disposition City-owned properties to private interests. ✔
It is recommended that the City Council direct City staff to prepare a proposed ordinance like the one described above that may be approved for both first and second reading by or before June 30, 2026.
May 12, 2025 Special CC Mtg Page 108 of 116
May 12, 2025 Special CC Mtg Page 109 of 116
This Page
Intentionally
Left Blank
May 12, 2025 Special CC Mtg Page 110 of 116
AGENDA REPORT
CITY CLERK DEPARTMENT 117 MACNEIL ST, SAN FERNANDO, CA 91340 (818) 898-1204 WWW.SANFERNANDO.GOV REVIEW: ☒ City Clerk ☒ Director of Admin. Services ☒ City Manager To: Mayor Joel Fajardo and Councilmembers
From: Kanika Kith, City Manager
By: Julia Fritz, City Clerk
Date: May 12, 2026
Subject: Discussion and Consideration to Adopt an Ordinance Prohibiting City Councilmembers from Nominating Immediate Family Members to Serve on Boards, Commissions and Committees and other Bodies Whose Members are Appointed by the City Council
RECOMMENDATION:
It is recommended that the City Council introduce for first reading, in title only, and waive further reading of Ordinance No. 1741 (Relined version - Attachment “A”) titled, “An Ordinance Prohibiting City Councilmembers from Nominating Immediate Family Members to Serve on Boards, Commissions and Committees and other Bodies Whose Members are Appointed by the City Council.”
BACKGROUND:
On April 20, 2026, the City Council directed staff to bring back a draft Ordinance restricting Councilmembers' first (1st) degree relatives (child, parent, spouse, sibling) from being appointed by that Councilmember to a Commission; and any Councilmember whose 1st degree spouse is being appointed by another Councilmember, that the related Councilmember should abstain from voting on the appointment.
ANALYSIS:
City commissions are volunteer advisory bodies made up of community members who help guide local decision-making on issues such as planning, parks, public safety, and cultural programs.
Residents are provided with an opportunity to participate in shaping city policies and services, ensuring community perspectives are reflected in recommendations to the City Council. In the City of San Fernando, the City Council appoints members to each of the four active City Commission: Education, Parks, Wellness and Recreation, Planning and Preservation, and Transportation and Public Safety Commissions. Appointees serve at the pleasure of the City Council and are expected to attend meetings regularly and fulfill their responsibilities, helping to support transparency, accountability, and quality of life in the community.
May 12, 2025 Special CC Mtg Page 111 of 116
Discussion and Consideration to Adopt an Ordinance Prohibiting City Councilmembers from Nominating Immediate Family Members to Serve on Boards, Commissions and Committees and other Bodies Whose Members are Appointed by the City Council
On April 20, 2026, the City Council began discussions regarding Council priorities and timelines for items the Council would like completed by approximately June 30, 2026. The City Council directed staff to bring back a draft ordinance restricting Councilmembers from nominating immediate family members in the first degree, such as a child, parent, spouse, or sibling, to serve on boards, commissions, and committees. Further, if another Councilmember appoints a Councilmember’s relative to a commission, the related Councilmember must abstain from voting on the nomination.
The proposed ordinance amends Section 2-402 (Method of appointment to commissions) of Division 1 (Generally) of Article V (Boards, Commissions, Committees, Agencies and Authorities) of Chapter 2 (Administration) of the San Fernando Municipal Code by adding B (redline version is attached as Attachment “A”) to now state the following:
Sec. 2-402. Method of appointment to commissions.
A. Unless otherwise specified in this code, each city councilmember will be assigned a position that will correlate to a position on each commission. That councilmember will have the authority to nominate an individual to serve in the assigned position on the commission. Each such nomination shall require ratification by a majority of the city council.
B. Paragraph A of this Section, notwithstanding, a city council member may not nominate an immediate family member to serve on a city commission, board, committee or other body comprised of members appointed by the city council. For purpose of this subsection, “immediate family member” is defined as a city councilmember’s spouse, sibling, step-sibling, child, stepchild, parent, step-parent, grandparent, parent-in-law, registered domestic partner, including the parent, grandparent, sibling or child of a registered domestic partner. The forgoing notwithstanding, an immediate family member of one city councilmember may be nominated by another city councilmember for whom the nominee is not an immediate family member.
If an immediate family member of a city councilmember is nominated by another city councilmember, the councilmember whose immediate family member is nominated shall recuse himself/herself from the vote on the nominee.
This ordinance would formalize a system where each City Councilmember is assigned nomination authority for commission seats (subject to full Council approval), while prohibiting Councilmembers from nominating their own immediate family members and requiring recusal if a relative is nominated by another Councilmember.
May 12, 2025 Special CC Mtg Page 112 of 116
Discussion and Consideration to Adopt an Ordinance Prohibiting City Councilmembers from Nominating Immediate Family Members to Serve on Boards, Commissions and Committees and other Bodies Whose Members are Appointed by the City Council
BUDGET IMPACT:
The proposed updates have no direct budget impact and is included in the City Clerk’s Department work plan for the Fiscal Year 2025-2026 Adopted Budget. Future costs, if any, would be determined based on additional City Council direction.
CONCLUSION:
It is recommended that the City Council introduce for first reading, in title only, and waive further reading of Ordinance No. 1741 (Redlined Version - Attachment “A”) titled, “An Ordinance Prohibiting City Councilmembers from Nominating Immediate Family Members to Serve on Boards, Commissions and Committees and other Bodies Whose Members are Appointed by the City Council.”
ATTACHMENT:
A. Redlined Version - Ordinance No. 1741
May 12, 2025 Special CC Mtg Page 113 of 116
1ST READING DRAFT ATTACHMENT “A”
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN FERNANDO,
CALIFORNIA, PROHIBITING CITY COUNCL MEMBERS FROM NOMINATING
IMMEDIATE FAMILY MEMBERS TO SERVE ON BOARDS, COMMISSIONS,
COMMITTEES AND OTHER BODIES WHOSE MEMBERS ARE APPOINTED BY
THE CITY COUNCIL
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN FERNANDO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2-402 (Method of appointment to commissions) of Division 1 (Generally) of Article V (Boards, Commissions, Committees, Agencies and Authorities) of Chapter 2 (Administration) of the San Fernando Municipal Code is hereby amended in its entirety to now state the following:
Sec. 2-402. Method of appointment to commissions.
A. Unless otherwise specified in this code, each city councilmember will be assigned a position that will correlate to a position on each commission. That councilmember will have the authority to nominate an individual to serve in the assigned position on the commission. Each such nomination shall require ratification by a majority of the city council.
B. Paragraph A of this Section, notwithstanding, a city council member may not nominate an immediate family member to serve on a city commission, board, committee or other body comprised of members appointed by the city council. For purpose of this subsection, “immediate family member” is defined as a city councilmember’s spouse, sibling, step-sibling, child, step-child, parent, step-parent, grandparent, parent-in-law, registered domestic partner, including the parent, grandparent, sibling or child of a registered domestic partner. The forgoing notwithstanding, an immediate family member of one city councilmember may be nominated by another city councilmember for whom the nominee is not an immediate family member. If an immediate family member of a city councilmember is nominated by another city councilmember, the councilmember whose immediate family member is nominated shall recuse himself/herself from the vote on the nominee.
SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3. The City Clerk shall cause this Ordinance, or a summary hereof, to be published in a newspaper of general circulation, published in the County of Los Angeles and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the May 12, 2025 Special CC Mtg Page 114 of 116
ORD. NO. ________
2 California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the City Clerk.
SECTION 4. This ordinance shall go into effect and be in full force effective at 12:01 a.m. on the thirty-first (31st) day after its passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Fernando this ___ day of ________, ____.
Joel Fajardo, Mayor of the City of
San Fernando, California
ATTEST:
Julia Fritz, City Clerk
APPROVED AS TO FORM:
Richard A. Padilla, City Attorney
May 12, 2025 Special CC Mtg Page 115 of 116
ORD. NO. ________
3 CERTIFICATION
I, City Clerk of the City of San Fernando, California, do hereby certify that the foregoing is a full, true, and correct copy of Ordinance No. ____ which was introduced on __________, ____ and adopted by the City Council of the City of San Fernando, California at a regular meeting thereof held on the ____ day of ________, ____, by the following vote of the City Council:
AYES:
NAYS:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Fernando, California, this _____ day of _________, ____.
Julia Fritz, City Clerk
May 12, 2025 Special CC Mtg Page 116 of 116