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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS AMENDING
SECTIONS 1-8.106, 1-8.108, 1-8.110, 1-8.113,
1-8.114, 1-8.115, 1-8.117, 1-8.124, 1-8.125,
1-8.126 OF MUNICIPAL CODE REGARDING
COUNCIL MEETINGS AND PROCEDURES
The City Council of the City of Thousand Oaks does hereby ordain as follows:
Part 1.
Section 1-8.106 of the Thousand Oaks Municipal Code is amended to read as follows:
Sec. 1-8.106. Agenda: Public input.
An agenda shall be prepared and, as required by State law, posted for all meetings.
No Council substantive action shall be taken on any matter unless that matter appears on the agenda or such non-agenda action is authorized under the Brown Act. However, for any item not appearing on the agenda, any Councilmember may briefly respond to comments or questions of the public, briefly report on their own activities, request information from staff or request the matter be placed on a future agenda.
All matters to be submitted to the Council should be delivered to the City Clerk not later than the time requested by the Clerk for such submittals.
The City Clerk shall prepare the agenda under the direction of the City Manager.
The agenda and back-up material should be delivered to the Councilmembers on the Thursday evening preceding the Tuesday Council meeting to which the agenda pertains. The agenda shall be posted and accessible to members of the public per the Brown Act.
Each agenda shall contain an opportunity for the public to address the City Council on any item of interest to the public. The Mayor subject to a Councilmember’s right of appeal shall determine the time allotted to each speaker or for the entire public comments section of the meeting.
ATTACHMENT #3
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Part 2.
Section 1-8.110 of the Thousand Oaks Municipal Code is amended to read as follows:
Sec. 1-8.110. Minutes.
(a) The City Clerk shall prepare the minutes and any directions for changes in the minutes shall be only by majority Council action and shall conform to fact. (b) The minutes should be a clear and concise statement of the Council actions, motions made and the vote thereon.
(c) Whenever the Council acts as a quasi-judicial proceeding, such as a development permit matter, a summary of the witnesses' testimony shall be completed and included.
(d) The minutes may be approved under the consent calendar without reading if each Councilmember has received a copy.
(e) Official records and approved minutes may not be physically altered and/or items may not be “expunged.” Altering or defacing approved minutes is a felony in violation of Government Code §§ 6200 and 6201.
Part 3.
Section 1-8.113 of the Thousand Oaks Municipal Code is amended to read as follows:
Sec. 1-8.113. Rules of debate.
(a) Recognition to speak. Every Councilmember desiring to speak shall first address the Mayor and be recognized by such. The member shall solely discuss the question under debate, avoiding personalities and indecorous language. (b) Questions to staff. Every Councilmember desiring to question the City staff, after recognition by the Mayor, shall address the questions to the City Manager, Assistant City Manager, City Clerk, City Attorney or appropriate department head who shall be entitled either to answer or designate a member of staff for that purpose. During questions, when one Councilmember has the floor, they are limited to three (3) questions at a time but may be extended at the Mayor’s discretion. Commentary by Councilmembers should be limited to questions at this time.
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(c) Interruption. A Councilmember, once recognized, shall not be interrupted when speaking unless called to order by the Mayor or a point of order or personal privilege is raised by another Councilmember. If a Councilmember, while speaking, is called to order, the member shall cease speaking until the question of order is determined. Members of the City staff, after recognition by the Mayor, shall hold the floor until the completion of their remarks or until recognition is withdrawn by the presiding officer.
(d) Points of order. The Mayor shall determine all “points of order” subject to the right of any Councilmember to appeal the Mayor’s decision to the Council. If an appeal is taken, the question shall be, “Shall the decision of the Mayor be sustained?” A majority vote of those Councilmembers present shall conclusively determine such question of order.
(e) Point of personal privilege. The right of a Councilmember to address the Council on a question of personal privilege shall be limited to cases in which the member’s integrity, character or motives are questioned. A Councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor only if the Mayor recognizes the privilege.
(f) Privilege of closing the debate. The Councilmember moving the adoption of an ordinance, resolution, or motion shall have the privilege of making the closing remarks during debate.
(g) Limitation of debate. To encourage the full participation of all members of the Council, no Councilmember or Councilmembers shall be permitted to monopolize the discussion of the question. If a Councilmember has already spoken and other Councilmembers wish to speak, the latter Councilmembers should be recognized in preference to the Councilmember who has already spoken.
However, if no other Councilmembers seek recognition, the Mayor may recognize the Councilmember who has already spoken.
Part 4.
Section 1-8.114 of the Thousand Oaks Municipal Code is amended to read as follows:
Sec. 1-8.114. Addressing the Council.
(a) Manner of addressing the Council. Prior to the start of the meeting, persons wishing to address the Council shall fill out a speaker card and submit it to the City Clerk. When called upon by the Mayor, that person shall limit discussion to the subject to be discussed, and, unless further time is granted by the Council, limit their remarks to time allocated to the speaker by the Mayor. All remarks should be addressed to the Council as a whole and not to individual staff or any member CCD:610-10\cmr\H:\COMMON\Council\StdsofOp\2023\031423 Mtg Proc Attach #3 Clean.docx
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thereof. No question shall be asked of a Councilmember or of City staff without the permission of the Mayor.
(b) Spokesperson for groups of persons. In order to expedite matters and to avoid repetitious presentations whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request that a spokesperson be chosen by the group and, in case additional matters are to be presented by any other member of such group, to limit the number of such persons addressing the Council. A written statement card may be filled out and submitted to the City Clerk indicating the person's opinion in writing. Those statements will be provided to City Councilmembers and made part of the meeting record.
(c) After motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by the Council.
Part 5.
Section 1-8.115 of the Thousand Oaks Municipal Code is amended to read as follows:
Sec. 1-8.115. Rules of decorum.
(a) Councilmembers. While the Council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings nor disturb any member while speaking nor refuse to obey the orders of the presiding officer. (b) Employees. City staff shall observe the same rules of order and decorum. (c) Persons addressing the Council. Any person making impertinent or slanderous remarks or who becomes disruptive while addressing the Council, shall be called to order by the Mayor and if such conduct continues, may, at the discretion of the Mayor, be ordered barred from the Council Chamber during that meeting.
(d) Members of the audience. Any person in the audience who engages in disorderly conduct, such as hand clapping, stamping of feet, whistling, using profane language, yelling and similar demonstrations, which conduct disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the Mayor, shall be guilty of a misdemeanor, and upon instructions from the Mayor, it shall be the duty of the sergeant-at-arms to remove any such person from the Council Chamber and/or to place him/her under arrest.
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(e) Decorum Guidelines. At the Mayor’s discretion, the following guidelines should be followed until decorum is observed:
Person(s) addressing the Council.
1. State: “Please speak to matters within the City’s jurisdiction.”
2. Turn off public lectern.
3. Quickly bang gavel loudly 2-3 times.
4. State: “Please speak to matters within this jurisdiction. Outbursts or disruptions will not be tolerated. If this behavior continues, this meeting will be recessed until decorum is observed.
If disruption continues:
5. State: “We have a member(s) of the public who are being disruptive, therefore, I will call a recess until decorum is observed.”
6. City Council and Staff exit to Conference Room.
7. Once decorum is observed.
8. Return to Chambers.
Member(s) of the audience.
1. Quickly bang gavel loudly 2-3 times.
2. State: “Outbursts or disruptions will not be tolerated. Please cease and desist.
If this behavior continues, this meeting will be recessed until decorum is observed.”
If disruption continues:
3. State: “We have a member(s) of the public who are being disruptive, therefore I will call a recess until decorum is observed.”
4. City Council and Staff exit to Conference Room.
5. Once decorum is observed.
6. Return to Chambers.
If behavior continues after calling a recess, the individual(s) may be removed. If disruption continues, order the meeting room cleared and continue in session. Ask the sergeant-at-arms to clear the public from the Chambers. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. (f) Persons authorized to be within the City Council/staff dais area. No person, except members of the Council and the City staff, shall be permitted within the City Council/staff dais area without the consent of the Mayor.
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Part 6.
Section 1-8.124 of the Thousand Oaks Municipal Code is amended to read as follows:
Sec. 1-8.124. Ordinance, resolutions and contracts.
(a) Preparation.
(1) Ordinances. All ordinances shall be approved by the City Attorney and shall be presented to the Council only when requested by the Council, Mayor, City Manager or City Attorney.
(2) Resolutions. All resolutions shall be approved by the City Attorney. In matters of urgency, a resolution may be presented verbally in motion form, together with instructions for written preparation for later execution. Urgency resolutions should be avoided except when absolutely necessary. (b) Prior to approval by the administrative staff. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney and shall have been reviewed for administration by the City Manager or a designated representative. (c) Enactment of ordinances.
(1) Introduction. Ordinances shall be introduced for the first reading by motion.
When ordinances, other than urgency ordinances, are altered after their introduction, they shall be adopted only at a regular or adjourned meeting held at least five (5) days after such alteration. Corrections of typographical or clerical errors shall not be considered alterations.
(2) Reading and adoption. After reading the title, full reading may be waived by a motion adopted by the unanimous vote of the Council. Ordinances shall be adopted (second reading) by motion and roll call vote at least five (5) days after introduction.
(3) Urgency ordinances. An urgency ordinance for the immediate preservation of the public peace, health or safety may be passed immediately upon its introduction and either at a regular or special meeting. It shall declare the facts constituting the urgency, and it shall be passed by four (4) affirmative votes. (4) Publication and effective date. After its adoption, the City Clerk shall publish the ordinance or a summary at least once in a newspaper of general circulation in the City. Ordinances shall take effect on the thirty-first (31 st) day following its final passage. An ordinance shall take effect immediately if it is an ordinance:
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(i) Relating to an election;
(ii) Of an urgency nature;
(iii) Relating to street improvement proceedings;
(iv) Relating to taxes for the usual and current expenses of the City; or (v) Covered by particular provisions of law prescribing the manner of its passage and adoption.
Part 7.
Section 1-8.125 of the Thousand Oaks Municipal Code is amended to read as follows:
Sec. 1-8.125. Hearings.
(a) Application of provisions: Hearing defined. The procedural rules of this section apply to hearings before the Council.
(b) Rights of interested persons. At the hearing, the Council shall afford any interested person or their authorized representative, or both, the opportunity to present evidence and statements, arguments or contentions orally and/or in writing.
(c) Presentation of evidence.
(1) Oral evidence. Oral evidence may be taken on oath or affirmation if requested by the Mayor or Council.
(2) Exhibits and documents. Documentary evidence, exhibits and documents used shall, unless otherwise directed, be considered as evidence and part of the record.
(3) Communications and petitions. All communications and petitions shall be read aloud either in full or by synopsis. A reading in full shall be made at the request of any Councilmember. All such communications and petitions may be introduced into evidence at the discretion of the Council.
(4) Staff reports. If time provides, a written staff report should be prepared and orally reviewed as a part of the staff presentation. Such report shall be considered as evidence and part of the record.
(5) Large maps and displays. Large size maps and displays presented for use at the hearing shall be displayed in full view of the Council. When practicable, such maps or displays, or authentic reductions thereof, shall be introduced into evidence.
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(6) Admissible evidence. The hearing need not be conducted according to technical rules of evidence. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Irrelevant and unduly repetitious evidence shall be excluded. (d) Continuances. Any hearing may, by minute action, be continued to any subsequent regular or adjourned meeting.
(e) Decisions. Consistent with State law, the Council shall render a decision or determination on the matter within a reasonable period after the close of the hearing. Such decision or determination shall be by motion at a regular or adjourned meeting. Any Councilmember shall be disqualified from discussing, participating or voting on a matter who: (1) was not present during the entire hearing and did not review the written reports and submittals and view the full video of such missed portions; (2) has a conflict of financial interest in the matter; or (3) has a conflict or remote interest under Government Code §§ 1090 and 1091. (f) Records. A verbatim mechanical recording may be made of the oral evidence presented at the hearing. Such recording, together with all documents, maps, exhibits and displays admitted into evidence, shall be retained for a period of one year after the date of the close of the hearing. In lieu of retaining such recording, a typewritten transcript thereof may be prepared which shall be retained for the same period of time.
Part 8.
Section 1-8.126 of the Thousand Oaks Municipal Code is amended to read as follows:
Sec. 1-8.126. Consent calendars.
The Council agenda may include a consent calendar consisting of routine items.
The adoption or approval of all items on the consent calendar shall be accomplished by one motion passed on a roll call vote.
(a) Confirming resolutions. Resolutions confirming the prior action of the Council may be placed on the consent calendar for adoption. The City Clerk shall record the Council vote on the resolution in accordance with the vote taken by the Council at the time the original action was taken at the prior meeting. (b) Supporting documentation. Items on the consent calendar should be supported by documentation relative to each item.
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(c) Removal of items from consent calendar. The motion to adopt the consent calendar shall not be debatable. If any Councilmember desires Council discussion or debate on any item on the consent calendar, such item shall be removed from the calendar and discussed or debated. In such case, the Council shall consider the approval or adoption of the consent calendar, as amended, with the removal of such item.
Part 9.
(Uncodified)
If any section, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. The City Council hereby declares that it would have passed this ordinance, and each section, sentence, clause of phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Part 10.
(Uncodified)
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.
PASSED AND ADOPTED this XXth day of XXXXX, 202X, by the following vote:
Ayes:
Noes:
Absent:
________________________________
Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
________________________________
Laura B. Maguire, City Clerk
Date Attested: ____________________
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APPROVED AS TO FORM
Office of the City Attorney
_________________________________
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:
_________________________________
Andrew P. Powers, City Manager
Introduced: XXXX XX, 202X
Published: XXXX XX, 202X
Ordinance No.: XXXX-NS
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.