Ord 115Ml1~1
ORDINANCE NO. 115
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
ESTABLISHING PROCEDURE REGULATIONS
FOR CITY COUNCIL MEETINGS
THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
Section 1. Applicability. This chapter shall be known as the
Council procedure regulations of the City. It shall apply to all
regular and special meetings of the City Council.
Section 2. Meeting Defined. The term "meeting" means the
gathering together of a majority of the members of the City
Council, each member within normal hearing distance of the other,
at the time and place established by ordinance, resolution, or
motion, for regular or adjourned meetings or at such other time
and place as authorized by law for special meetings, for the
purpose of acting in their official capacity as the legislative
body of the City; to make decisions, commitments or promises by a
majority of the Council or by actual vote by a majority of the
vote of the Council when sitting as a body or entity upon a
motion, proposal, resolution, order or ordinance. Unless
otherwise authorized by law to be held in private, all such
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meetings shall be open to the public.
NO other gathering of the persons who constitute the City
Council or any portion thereof, shall be considered a meeting.
Any action or decision required by law to be taken or made at a
meeting shall be invalid and of no force and effect if the same is
not taken or made at a meeting as herein defined.
The foregoing shall not prevent less than a quorum,
otherwise gathered at the time and place and for the purpose of
conducting a meeting, from adjourning from time to time in accord
with law until a quorum is present.
If at any time the legislature of the state or the final
decision of an appellate court of the state should define a
meeting of a city council other than as above set forth, such
legislative or final judicial definition shall thereafter
supersede the definition hereinabove set forth.
Section 3. Effect of Nonobservance of Chapter. Failure to
observe the rules hereinafter set forth shall not invalidate any
action taken which is otherwise lawful but defective only for
failure to follow the procedure outlined in this chapter.
Section 4. Time and Place of Meetings. The City Council shall
hold regular meetings in the Council chambers of the City Hall,
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13325 Civic Center Drive, in the City or at such other place as
may be determined by the Council, on each Tuesday of each month,
at 7:00 p.m. When the day for each regular meeting of the Council
falls on a holiday as provided in this chapter, no meeting shall
be held on such holiday, but a regular meeting shall be held at
4:00 p.m. on the next succeeding Thursday thereafter that is not a
holiday or at such time and place previously established by the
Council ·
Section 5. Adjournment. Any meeting may either be terminated or
continued to another time, place or date by adjournment, regard-
less of whether or not all matters on the agenda or under
discussion have been completed, acted on or concluded. Notwith-
standing the above, no meeting shall be terminated before closing
all public hearings notified for that meeting, without first
continuing such public hearings to another time, place and date.
Subject to the above, a motion to adjourn shall always be in order
and decided without debate.
Where a meeting is continued to a future date, if either
the time or place, or either of them is not stated in the order of
adjournment, it shall be deemed to be at the hour and place
specified for regular meetings of the Council.
Section 6. Agenda-Order of Business. Ail reports, communica-
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tions, ordinances, contract documents or other matters, including
basic fact and matters pertinent thereto, which have been
submitted for the agenda, should be distributed to the City
Council no later than 5:00 p.m. of the Thursday before any Tuesday
meeting or three (3) business days prior to any Council meeting,
whichever is shorter.
The business of the Council shall be taken up for
consideration and disposition in the following order:
1. Roll call;
2. Public oral communications;
3. Consent items;
4. Continued public hearings;
5. New public hearings;
6. Ordinances-first reading;
7. Ordinances-second reading;
8. Staff reports;
9. City Manager items;
10. City Attorney items;
11. City Council items;
12. Adjournment.
The regular order of business may be changed or suspended
for any purpose at any particular meeting by the Mayor with the
consent of a majority of the Council members present.
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Section 7. Procedure for Public Hearing. Whenever a public
hearing must be held pursuant to any provision of law, the City
Council shall observe the following procedural requirements. A
public hearing shall be opened by the Mayor. Once opened, the
City staff shall first present their reports, comments and
responses to Council inquiries on the subject of the public
hearing. Next, public testimony on the matter shall be invited
and heard. A public hearing shall only be closed by a majority
vote of the City Council. After the public hearing is closed, the
City Council may discuss the matter, but no new information may be
introduced by the City staff or the public unless the public
hearing is reopened. A public hearing upon which the Council has
acted by majority vote may only be reopened upon the motion of a
member of the City Council, and only if all persons who spoke
during the hearing are still present.
Section 8. Reading of Minutes. Unless the reading of the minutes
of a Council meeting is requested by a member of the Council, such
minutes may be approved as a consent item.
Section 9. Preparation of the Minutes of the City Council
Meeting. Tape recordings, word processors, electronic aids, and
every other means of recording upon any form of communication or
representation, including letters, words, pictures, sounds or
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symbols, or combination thereof, and notes, papers, magnetic or
paper tapes, magnetic or punched cards, discs or drums may be used
by the City Clerk for the sole purpose of facilitating the
preparation of the minutes of the City Council meeting and not for
preserving its information content for public reference. Said
documents, aids and recordings are not public records and may be
destroyed immediately after the minutes of the City Council
meeting are approved.
Section 10. Voting. Voting may be conducted by the use of the
voting light system installed in the Council chambers. A red
light designates a "no or negative" vote, a green light designates
a "yes or affirmative" vote, and a white light designates a vote
to "abstain." When a member of the Council votes to "abstain,"
such member must audibly state the reason for abstaining and, in
the event no such statement is made, silence shall be recorded as
an affirmative vote, although such member may have designated said
vote by the use of the white light.
When the Council is voting by voice vote, unless a member
states a reason for a vote of abstention, the silence shall be
recorded as an affirmative vote. A negative vote shall be
registered by the oral statement of "no" by the Council member
voting. Upon roll call on any voice vote taken, silence by any
Council member called constitutes a "yes or affirmative" vote.
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Ordinances shall be voted upon by roll call vote as announced by
the City Clerk.
Ail ordinances, resolutions and other matters submitted to
the Council shall be passed or defeated by a majority vote of the
Council unless a greater number of votes may be required by law.
The word "majority" shall mean three votes. In instances where a
majority vote cannot be obtained and there have been no absentions
on the item and no additional action is taken, such matter shall
automatically be added to the next agenda of the Council.
Section 11. Presiding Officer. The Presiding Officer of the
Council shall be the Mayor or, when absent, the Deputy Mayor.
Said officer shall take the chair at the hour appointed for the
meeting, and shall immediately call the Council to order. In the
absence of the Mayor or Deputy Mayor, the City Clerk shall call
the Council to order, whereupon a temporary Presiding Officer
shall be elected by the members of the Council present. Upon
arrival of the Mayor or Deputy Mayor, the temporary Presiding
Officer shall immediately relinquish the chair upon the conclusion
of the particular business immediately before the Council at that
time. Wherever in this chapter the term "Mayor" is used, it shall
apply equally to the Presiding Officer as defined in this
section.
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The Mayor shall have a vote but no veto power, and may
move, second and debate from the chair. In the event of the
taking of a roll call for the purpose of voting or otherwise, the
Mayor's name shall be called last. The Mayor shall sign all
ordinances, resolutions and other documents necessitating said
officer's signature, which may have been adopted in the Mayor's
presence; shall preserve strict order and decorum at all regular
and special meetings of the Council; shall state, or call upon the
Clerk to state, every question before the Council; shall call for
the vote and announce the decision of the Council on all subjects;
shall decide all questions of order, subject, however, to an
appeal by the Council or any Council member, in which event a
majority vote of the Council shall govern and
determine such question of order; shall have and
other powers and duties as are authorized by law.
conclusively
exercise such
The Mayor shall have power, authority and discretion,
without a vote of the Council to:
A. Set time limits on Council discussion on any matter;
B. Set time limits on any communications from members of
the public to the Council. In no event shall any individual
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public communication exceed three (3) minutes without the consent
of a majority of the Council present;
C. Declare the opening of public hearing;
D. Rule any motion on a subject not on the agenda as
being out of order, in which case the motion shall thereafter be
void;
E. Table any motion on any matter until the next regular
or special Council meeting whenever the City Attorney advises that
there is a question as to the validity or constitutionality of the
particular proposed course of action which is the subject matter
of such motion;
F. May require any witness testifying to facts at any
public hearing to be sworn before proceeding further with any such
testimony;
G. Rule any speaker out of order, terminate any
communication with the Council from a member of the public and/or
declare a recess in order to establish order to any meeting. The
Mayor, or such other member of the Council as may be presiding,
may move, second and debate from the chair, subject only to such
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limitations of debate as are by these rules imposed upon all
members. The Mayor shall not be deprived of any of the rights and
privileges of a Council member by reason of being Mayor or acting
as the Presiding Officer.
Section 12. Speaking Rights of Members. Every Council member
desiring to speak shall address the chair. Upon recognition by
the Mayor, a Council member shall speak only to the question under
debate.
A member, once recognized, shall not be interrupted when
speaking except to be called to order, or as herein otherwise
provided. If a member is called to order while speaking, said
member shall cease speaking until the question of order is
determined; if in order, said member shall be permitted to
proceed.
The Council member moving the adoption of an ordinance,
resolution or Council action shall have the privilege of being the
final speaker.
Section 13. Motions. Only one motion may be before the Council
at any time.
A motion to reconsider any action taken by the Council may
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be made only at the meeting at which such action was taken. Such
motion must be made by a member of the prevailing side. The
motion may be made at any time no other motion is pending, shall
have precedence over all other motions and shall be subject to
debate. Any member of the Council may not make or remake the same
or any other motion at a subsequent meeting of the Council, if the
subject matter of such motion, or such motion, has previously been
tabled.
A motion to table takes precedence over all other motions
and shall be subject to debate. When a motion to table is passed,
the matter so tabled shall not again be considered by the Council
unless such matter is taken from the table by a majority vote of
the Council.
A matter once tabled shall not be placed on the agenda nor
discussed unless a member who had voted to table such matter
requests the Council to have such matter taken from the table, or
requests the Clerk to place such matter on the agenda for the
purpose of determining whether or not such matter shall be taken
from the table.
Section 14. Record of Debate and Remarks of Council members. A
Council member may request through the Mayor the privilege of
having an abstract of any statement on any subject under
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consideration by the Council entered in the minutes. If the
Council consents thereto, such statement shall be entered in the
minutes. The Clerk may be directed by the Mayor, with consent of
the Council, to enter in the minutes a synopsis of the discussion
on any question coming regularly before the Council.
Any member shall have the right to have the reasons for his
dissent from, or his protest against, any action of the Council
entered on the minutes.
Section 15. Rules of Order. Except as otherwise provided in this
chapter, proceedings of the Council shall be governed by common
sense and good taste. In the event of a dispute concerning
procedural matters not specifically covered herein, the majority
vote of the Council shall prevail.
Rules adopted to expedite the transaction of business of
the Council in an orderly fashion are deemed to be procedural
only, and the failure to strictly observe such rules shall not
affect the jurisdiction of the Council or invalidate any action
taken at a meeting that is otherwise held in conformity with the
law.
Section 16. Addressing the Council. Any person desiring to
address the Council shall first obtain permission of the Mayor.
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In addition, but unless the Mayor rules otherwise, any person
shall have the right to address the Council upon obtaining
recognition from the Mayor to speak subject to the following:
A. Public Hearings: Interested persons or their
authorized representatives may address the Council orally or in
writing relating to matters which are then subject of a public
hearing. The order of presentation and the time thereof shall be
under the direction and control of the Mayor.
B. Written Communications: Interested parties or their
authorized representatives may address the Council by written
communication with regard to matters with which they are concerned
and are then the subject of Council discussion. When copies of
such communications are furnished each Council member present,
such written communications shall not be read aloud at the meeting
unless so ordered by a majority vote of the Council. Written
communications from the administrative staff shall not be read
aloud unless requested by the writer or any Council member.
C. Oral Communications: Any person may address the
Council by oral communications with regard to any matter with
which they are concerned and is then the subject of Council
discussion. Preference shall be given to those persons who have
first notified the City Clerk in writing of their desire to speak.
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Ail speakers shall give written notice to the City Clerk in a form
approved by the City Council, in order that the same may appear on
the minutes of the Council meeting.
Each person addressing the Council shall speak into the
microphone at the speaker's podium, shall state his or her name
and address in an audible tone of voice for the record, and unless
further time is granted by the Mayor, shall limit the address to
three (3) minutes. All remarks shall be addressed to the Council
as a body, and not to any member thereof. No person other than
the Council and the person having the floor shall be permitted to
enter into any discussion, either directly or through a member of
the Council, without the permission of the Mayor. No person shall
address or question a Council member, the City Attorney, the City
Manager or other official without the prior consent of the Mayor.
D. The Mayor shall not permit any communication, written
or oral, to be made or submitted unless such communication
addresses the agenda item then under discussion.
After a motion is made by a Council member, no person shall
address the Council without first securing the permission of the
Mayor and Council to do so.
Anonymous communications shall not be considered, nor
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placed on the agenda.
When any identifiable group of persons, as opposed to the
general public at large, wishes to address the Council on the same
agenda item, Mayor shall have the discretion to request that a
spokesperson be chosen by said group to address the Council. If
additional issues are to be presented at the hearing by any other
member of such group, the Mayor may limit the number of persons
and the time periods to address the Council, so as to avoid
unnecessary repetition of issues before the Council.
Section 17. Rules of Decorum-Enforcement.
A. While the Council is in session, all persons shall
preserve the order and decorum of the session. The standards of
order and decorum shall be governed by common sense. All persons
must conduct themselves in a manner consistent with good taste and
generally accepted standards of appropriate behavior. Any person
who does not comply with the above rules or who otherwise disrupts
the orderly course of the meeting is guilty of an infraction and
may be called out of order by the Mayor and barred from further
audience before that session of the Council.
Section 18. This ordinance shall take effect and be in force
thirty (30) days after the date of its passage; and before the
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expiration of fifteen (15) days after its passage, it shall be
published once with the names and members voting for and against
the same in the Poway News Chieftain, a newspaper of general
circulation published in the County of San Diego.
Introduced and first read at a regular meeting of the City
Council of the City of Poway held the 25th day of October ,
1983, and thereafter PASSED AND ADOPTED at a regular meeting of
said City Council held the 8th day of November , 1983,
by the following role call vote:
AYES:
COUNCIL MEMBERS: EMERY, KRUSE, SHEPARDSON, TARZY, ORAVEC
NOES:
COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Linda Oravec, Mayor
Marjori, e~K. Wahlsten, City Clerk
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