CITY OF

HERMOSA BEACH

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MUNICIPAL CODE 
ON-LINE

 

 

ADMINISTRATION AND PERSONNEL

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Chapter 2.04

CITY COUNCIL

 

	2.04.010	Council meetings--When held.
	2.04.020	Meetings--Where held.
	2.04.030	Special meetings.
	2.04.040	Meetings to be public-- Exception for executive sessions.
	2.04.050	Study sessions.
	2.04.060	Agenda.
	2.04.070	Council correspondence-- Authority of city manager.
	2.04.080	Call to order--Presiding officer.
	2.04.090	Roll call.
	2.04.100	Quorum.
	2.04.110	Rules of debate.
	2.04.120	Remarks of councilman and synopsis of debate.
	2.04.130	Protest against council action.
	2.04.140	Rules of order.
	2.04.150	Failure to observe rules of order.
	2.04.160	Addressing the council.
	2.04.170	Rules of decorum.
	2.04.180	Enforcement of decorum.
	2.04.190	Disqualification for conflict of interest.
	2.04.200	Failure to vote.
	2.04.210	Tie vote.
	2.04.220	Changing vote.
	2.04.230	Reconsideration.
	2.04.240	Introduction of ordinances.

 

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2.04. 010   Council meetings--When held.

    The city council shall hold regular meetings at least once a month at times fixed by resolution of the city council. When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the following business day. The city council may adjourn any regular or adjourned meeting to a date specified in the order of adjournment. When so adjourned, the adjourned meeting is a regular meeting for all purposes. (Prior code § 2-1)

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2.04. 020   Meetings--Where held.

1. Generally. Regular meetings of the city council shall be held in the council chamber of the City Hall, 1315 Valley Drive, in the city.
2. Alternate Location. The alternate location for regular meetings of the city council shall be in the Hermosa Beach Community Center, 710 Pier Avenue, in the city, and said alternate location shall be used for such regular meetings only during such times as the city hall council chamber is not available and only after there shall have been posted at the entrance to the city hall council chamber a notice of meeting at the alternate location at least twenty-four (24) hours prior to the date and time for any regular council meeting. If, by reason of fire, flood, earthquake or other emergency, it shall be unsafe to meet in the places designated, the meetings may be held for the duration of the emergency in such place within the city as is designated by the presiding officer of the council. Such notice of an emergency alternative meeting site shall be posted at Hermosa Beach City Hall if practicable and notification given in a manner consistent with state law. (Prior code § 2-2)

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2.04. 030   Special meetings.

    A special meeting of the city council may be ordered at any time by the mayor, or by a majority of the members of the council, by delivering personally or by mail written notice to each member of the council at least twenty-four (24) hours before the time of such meeting as specified in the notice. Said notice shall specify the time and place of the meeting and business to be transacted, and no other business shall be considered at such meetings by the city council.
    Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the city clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes.
    Such written notice shall be delivered personally or by mail at least twenty-four (24) hours before the time of such meeting as specified in the notice to each local newspaper of general circulation, radio or television station requesting notice in writing. (Prior code § 2-2.1)

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2.04. 040    Meetings to be public-- Exception for executive sessions.

    All regular and special meetings of the city council shall be public; provided, however, the city council may hold executive sessions during a regular or special meeting, from which the public may be excluded, for any purpose permitted by state law or by a court of competent jurisdiction in interpreting said law. (Prior code § 2-2.2)

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2.04. 050    Study sessions.

    From time to time the council will meet in a study session at a time and place to be designated by the council. Such study sessions shall be noticed at the prior council meeting and will be open to the public and the press. Such study sessions shall be devoted to matters pertaining to which the interchange of information preliminary to a regular meeting is deemed to be essential. No official action or formal vote shall be taken at such study session on any matter under discussion; provided, however, that the councilmen in attendance shall be entitled to express their opinion on any matter under discussion. The participation of the public in such sessions shall be subject to the discretion of the presiding officer. (Prior code § 2-2.3)

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2.04. 060   Agenda.

    All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the council at a regular meeting shall be delivered to the city manager not later than twelve noon on the Tuesday preceding the meeting.
    Correspondence received in the city manager's office after twelve noon shall not be placed on the agenda unless it concerns a matter to be considered by the council at the next regular meeting or is determined by the city manager to be an urgent matter which should be brought to the immediate attention of the council.
    The city manager shall prepare the agenda of all such matters, and the agenda shall be delivered to the councilpersons on the Thursday preceding the Tuesday council meeting to which it pertains.
    The agenda listing shall be made available to the public on the Friday preceding the Tuesday council meeting and shall be posted in accordance with state law, (California Government Code Section 54954.2 as amended).
    Matters other than those listed on the agenda as prepared and sent to the council which are brought up during a council meeting shall not be fully acted upon by the council but shall be placed on the agenda for the next following regular meeting for consideration; provided, however, that if any councilman or the city manager determines that any matter is of an urgent nature, it may be brought to the council's attention at an open meeting with an explanation of the emergency or urgency stated, and it may then be considered and acted upon by the council only after consent has been obtained by a motion adopted by a majority vote of the council present. This policy is not intended to invalidate any law or act of the council which may be taken and which is otherwise valid but in the violation of this policy, in that any act of the council done in violation of this policy will be deemed by implication to amend this section with reference to that act.
    The city council agenda may use a consent calendar permitting grouping of routine matters to be handled by one motion subject to passage by an affirmative vote of at least three members of said council, except that an item which a council member desires to discuss may be removed by such council member from the consent calendar. (Prior code § 2-2.4)

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2.04. 070   Council correspondence -- Authority of city manager.

    The city manager is authorized to examine all mail or other written communications addressed to the city council and to give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring council action may be acted upon between council meetings so that they may be disposed of in an expeditious and proper manner. (Prior code § 2-2.6)

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2.04. 080   Call to order--Presiding officer.

    The mayor, or in his absence the mayor pro tem, shall take the chair at the hour appointed for the meeting and shall call the council to order. In the absence of the mayor and the mayor pro tempore, a presiding officer shall be elected by the councilmen from their members present. Upon the arrival of the mayor or the mayor pro tempore the presiding officer shall relinquish the chair at the conclusion of the business before the council. (Prior code § 2-2.8)

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2.04. 090   Roll call.

    Before proceeding with the business of the council, the city clerk shall call the roll of the councilmen and the names of those present shall be entered in the minutes. (Prior code § 2-2.9)

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2.04. 100   Quorum.

    Three councilmen shall constitute a quorum for the transaction of business. Less than a quorum may adjourn from time to time. When there is no quorum the mayor, mayor pro tempore or any councilman shall adjourn the meeting, or if no councilman is present the city clerk shall adjourn the meeting. For the purpose of considering any item subject to vote of the council, when a councilman disqualifies himself due to conflict of interest that councilman's presence shall not be considered in determining the presence of a quorum. Consideration of such item thereof shall be deferred until a quorum of noninterested councilmen is present to discuss and vote on the item. (Prior code § 2-2.10)

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2.04. 110    Rules of debate.

1. Getting the Floor. Every councilman desiring to speak shall first address the chair, gain recognition by the presiding officer, and shall confine himself to the question under debate, avoiding personalities and indecorous language.
2. Questions to Staff. Every councilman desiring to question the city staff shall, after recognition by the presiding officer, address his questions to the city manager, the city clerk, or the city attorney, who shall be entitled either to answer the inquiry himself or to designate a member of his staff for that purpose.
3. Interruptions. A councilman, once recognized, shall not be interrupted when speaking unless called to order by the presiding officer, unless a point of order or personal privilege is raised by another councilman, or unless the speaker chooses to yield to a question by another councilman. If a councilman, while speaking, is called to order, he shall cease speaking until the question of order is determined and, if determined to be in order, he may proceed. Members of the city staff after recognition by the presiding officer shall hold the floor until completion of their remarks or until recognition is withdrawn by the presiding officer.
4. Points of Order. The presiding officer shall determine all points of order subject to the right of any councilman to appeal to the council. If an appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained ?" A majority vote shall conclusively determine such question of order.
5. Point of Personal Privilege. The right of a councilman to address the council on a question of personal privilege shall be limited to cases in which his integrity, character or motives are questioned or where the welfare of the council is concerned. A councilman raising a point of personal privilege may interrupt another councilman who has the floor only if the presiding officer recognizes the privilege.
6. Privilege of Closing Debate. The councilman moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate.
7. Limitation of Debate. No councilman shall be allowed to speak more than once upon any particular subject until every other councilman desiring to do so shall have spoken. (Prior code § 2-2.11)

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2.04. 120    Remarks of councilman and synopsis of debate.

    A councilman may request through the presiding officer the privilege of having an abstract of his statement on any subject under consideration by the council entered in the minutes. If the council consents thereto, such statement shall be entered in the minutes. (Prior code § 2-2.12)

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2.04. 130   Protest against council action.

    Any councilman shall have the right to have the reasons for his dissent from, or his protest against, any action of the council entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons...". (Prior code § 2-2.13)

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2.04. 140   Rules of order.

    Except as provided in this code, or applicable provisions of state law, the procedures of the city council, and all boards and commissions appointed by the city council, shall be governed by the latest edition of Robert's Rules of Order. (Prior code § 2-2.14)

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2.04. 150   Failure to observe rules of order.

    Rules adopted to expedite the transaction of the business of the council in an orderly fashion are deemed to be procedural only and the failure strictly to 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 law. (Prior code § 2-2.15)

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2.04. 160   Addressing the council.

1. Manner of Addressing Council. Each person desiring to address the council shall step up to the microphone in front of the rail, shall be asked to state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and unless further time is granted by majority vote of the council, shall limit his remarks to three minutes. If the speaker feels he will need more time, he should so request before beginning his remarks. All remarks shall be addressed to the council as a whole and not any member thereof. No question shall be asked a councilmember or a member of the city staff without the permission of the presiding officer.
2. Spokesman for Group 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 presiding officer to request that a spokesman be chosen by the group to address the council and, in case additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the council.
3. 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 a majority vote of the city council. (Prior code § 2-2.16)

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2.04. 170   Rules of decorum.

1. Councilmen. While the council is in session, the members must preserve order and decorum, and a member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the council, nor disturb any member while speaking, or refuse to obey the orders of the presiding officer. Members of the council shall not leave their seats during a meeting without first obtaining the permission of the presiding officer.
2. Employees. Members of the city staff and employees shall observe the same rules of order and decorum as are applicable to the city council, with the exception that members of the city staff may leave their seats during a meeting without first obtaining the permission of the presiding officer.
3. Person Addressing the Council. Any person making impertinent, slanderous or profane remarks or who becomes boisterous while addressing the council shall be called to order by the presiding officer and, if such conduct continues, may at the discretion of the presiding officer be ordered barred from further audience before the council during the meeting.
4. Members of the Audience. In the event that any meeting is wilfully interrupted by a group or groups of persons in the audience so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by removal of individuals who are wilfully interrupting the meeting, the members of the council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited 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. Nothing in this section shall prohibit the council from establishing a procedure for readmitting an individual or individuals not responsible for wilfully disturbing the orderly conduct of the meeting.
5. Persons Authorized to be Within Rail. No person except members of the council and the city staff shall be permitted within the rail without the consent of the presiding officer. (Prior code § 2-2.17)

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2.04. 180   Enforcement of decorum.

    The chief of police, or such member or members of the police department as he may designate, shall be sergeant at arms of the city council and shall carry out all orders given by the presiding officer for the purpose of maintaining order and decorum at the council meetings. Any councilman may move to require the presiding officer to enforce the rules and the affirmative vote of a majority of the council shall require him to do so. (Prior code § 2-2.18)

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2.04. 190   Disqualification for conflict of interest.

1. Any member of the City Council who is disqualified from voting or taking any action on a particular matter by reason of a conflict of interest as defined either by the Political Reform Act (Government Code Sections 81000 et seq.) ("the Act") or by Government Code Section 1090 shall provide notification as set forth in subsection (b) of this Section, and shall disclose the nature of said conflict of interest in writing to the City Manager and City Attorney at the earliest possible time and in no event later than five (5) business days from the time that the conflict of interest arises.
2. The notification shall be in writing and shall set forth in reasonable detail and particularity the nature of the conflict, the scope of the members involvement in the project or transaction at issue, and that monetary or other consideration is to be derived by the member from said project or transaction. Said notification shall include a statement as to the affected members intention to disqualify himself or herself from any deliberation or discussion of the project or transaction at issue. The City Manager shall immediately transmit a copy of the notification to all members of the City Council.
3. Once a conflict of interest is ascertained, the disqualified member shall:

1. Remove himself or herself from the dais at all times during which the matter is under consideration; and
2. Refrain from participating in the discussion as a member of the body and from voting thereon; and
3. Refrain from using his or her official position to influence the decision regarding the matter.

4. Any member of the City Council so disqualified shall not be counted for the purpose of determining a quorum, and shall be considered absent for the purpose of determining the outcome of a vote on the matter, unless that members participation is required pursuant to the rule of legally required participation. (Ord. 96-1159, §2, 05/96; Prior code § 2-2.19)

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2.04. 200   Failure to vote.

    Every councilman should vote unless disqualified by reason of a conflict of interest. A councilman who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon. (Prior code § 2-2.20)

 

 

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2.04. 210   Tie vote.

    Tie votes shall be lost motions and may be reconsidered. (Prior code § 2-2.21)

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2.04. 220   Changing vote.

    A member may change his vote only if he makes a timely request to do so immediately following the announcement of the vote by the city clerk and prior to the time that the next item in the order of business is taken up. A councilman who publicly announces that he is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his abstention. (Prior code § 2-2.22)

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2.04. 230   Reconsideration.

    A motion to reconsider any action taken by the council may be made only on the day such action was taken. It may be made either immediately during the same meeting, or at a recessed or adjourned session thereof. Such motion may be made only by one of the councilmen who voted with the prevailing side. Nothing herein shall be construed to prevent any councilman from making or remaking the same or any other motion at a subsequent meeting of the council. (Prior code § 2-2.23)

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2.04. 240   Introduction of ordinances.

Any one council member may cause the introduction of an ordinance without a second or a vote of the Council (Ord. 00-1197, §1, 01/11/00; Prior code §202.24)

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