HomeMy WebLinkAbout(1990, 10/22) - A-10 - AmendedA-10
PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS
1. Regular Meetings. The City Council shall hold regular meetings on the
second and fourth Mondays in each month at the hour of 7:00 p.m.,
(except only one meeting is to be held during December in which that
meeting shall occur on the second Monday) in the Council Chamber of the
City Hall, 3300 Newport Boulevard, in the City, or in such other place
within the City limits to which said meeting may ;be adjourned. If by
reason of fire, flood, or other emergency, it shall be unsafe to meet in
the City Hall, the meetings may be held for the duration of the
emergency at such other place as is designated by the Mayor or, if the
Mayor should fail to act, by four members on 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.
2. Study Sessions. The City Council shall meet in a study session on the
second and fourth Mondays in each month at the hour of 2:00 p.m., in the
Council Chamber of the City Hall, or at such other places as may be
determined by the Council, for the purpose of hearing reports from the
staff and reviewing, discussing and debating matters of interest to the
City. Such session shall be open to the public and press. No official
action shall be taken at a study session; provided, however, that
nothing herein shall be deemed to prevent the taking of an informal vote
on any matter under discussion. The participation of the public in such
sessions shall be subject to the discretion of the Presiding Officer.
3. Special Meetings. Special meetings may be called at any time by the
Mayor, or by four members of the City Council, by delivering personally
or by mailing written notice to each Council member and to each local
newspaper of general circulation, radio or television station requesting
notice in writing. Such notice must be delivered personally or by mail
and shall be received at least 24 hours before the time of such meeting
as specified in the notice. The call and notice shall specify the time
and place of the special meeting and the business to be transacted. No
other business shall be considered at such meetings. Such written
notice may be dispensed with as to any Council 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.
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PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 2
4. Meetings to the Public - Exception for Closed Sessions. All regular and
special meetings of the City Council shall be public provided, however,
the City Council may hold closed sessions during a regular, special or
study session meeting, and from which the public shall be excluded, for
the purposes of considering the matters referred to in Sections 54956.7,
54956.8, 54956.9, 54957, and 54957.6 of the Government Code of the State
of California as well as court rulings and opinions of the Attorney
General of the State of California. In summary, these laws authorize
the City Council to hold a closed session to do any of the following:
(a) To consult with the Attorney General, District Attorney, Sheriff
or Chief of Police on matters posing a threat to the security of
public buildings or a threat to the public's right of access to
public services or public facilities (Section 54957);
(b) To consider matters affecting the national security (Section
54957);
(c) To confer with, or receive advice from, legal counsel regarding
pending litigation (Section 54956.9);
(d) To meet with and instruct its designated representatives regarding
the salaries, salary schedules, compensation paid in the form of
fringe benefits of employees, and any mandatory subject within the
scope of representation of its represented employees as determined
pursuant to the Meyers-Millas-Brown Act; and for the purpose of
meeting with the state conciliator who has intervened in the
proceedings; and
(e) To consider the appointment, employment, evaluation of
performance, or dismissal of public employee to hear complaints or
charges brought against such employee by another person or
employee unless such employee requests a public hearing.
Notwithstanding any of the provisions of this paragraph, the City
Council shall not consider the appointment to any board,
commission or committee in closed session nor shall such
appointment be voted upon by secret ballot. (Section 54957).
Prior to any closed session, the City Council shall state the general
reason or reasons for the closed session and may cite the statutory or
other legal authority under which the session is being held. In the
closed session the City Council may consider only those matters covered
iri its statement. In the case of special, adjourned and continued
meetings, the statement shall be made as a part of the notice provided
for the special, adjourned or continued meeting. Nothing in this
paragraph, however, shall be construed to require or authorize the
giving of names or other information which would constitute an invasion
of privacy or otherwise unnecessarily divulge the particular facts
concerning the closed session.
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PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS
1. Regular Meetings. The City Council shall hold regular meetings on the
second and fourth Mondays in each month at the hour of 7:30 p.m.,
(exce'Ot for only the second Monday in December) in the Council Chamber
of the''City Hall, 3300 Newport Boulevard, in the City, or in such other
place within the City limits to which said meeting may be adjourned. If
by reason of fire, flood, or other emergency, it shall be unsafe to meet
in the City,Hall, the meetings may be held for the duration of the
emergency at`,such other place as is designated by the Mayor or, if the
Mayor should fail to act, by four members on 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.
2. Study Sessions.. The City Council shall meet in a study session on the
second and fourth Mondays in each month at the hour of 2:00 p.m., in the
Council Chamber of the City Hall, or at such other places as may be
determined by the Council, for the purpose of hearing reports from the
staff and reviewing, discussing and debating matters of interest to the
City. Such session shall be open to the public and press. No official
action shall be taken at a study session; provided, however, that
nothing herein shall be deemed to prevent the taking of an informal vote
on any matter under discussion. The participation of the public in such
sessions shall be subject to the discretion of the Presiding officer.
3. Special Meetings. Special meetings may be called at any time by the
Mayor, or by four members of the City Council, by delivering personally
or by mailing written notice to each Council member and to each local
newspaper of general circulation, radio or television station requesting
notice in writing. Such notice must be delivered personally or by mail
and shall be received at least 24 hours before the time of such meeting
as specified in the notice. The call and notice shall specify the time
and place of the special meeting and the business to be transacted. No
other business shall be considered at such meetings. Such written
notice may be dispensed with as to any Council 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.
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PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 2
4. Meetings to the Public - Exception for Closed Sessions. All regular and
special meetings of the City Council shall be public provided, however,
the City Council may hold closed sessions during a regular, special or
study session meeting, and from which the public shall be excluded, for
the purposes of considering the matters referred to in Sections 54956.7,
54956.8, 54956.9, 54957, and 54957.6 of the Government Code of the State
of California as well as court rulings and opinions of the Attorney
General of the State of California. In summary, these laws authorize
the City Council to hold a closed session to do any of the following:
(a) To consult with the Attorney General, District Attorney, Sheriff
or Chief of Police on matters posing a threat to the security of
public buildings or a threat to the public's right of access to
public services or public facilities (Section 54957);
(b) To consider matters affecting the national security (Section
54957);
(c) To confer with, or receive advice from, legal counsel regarding
pending litigation (Section 54956.9);
(d) To meet with and instruct its designated representatives regarding
the salaries, salary schedules, compensation paid in the form of
fringe benefits of employees, and any mandatory subject within the
scope of representation of its represented employees as determined
pursuant to the Meyers-Millas-Brown Act; and for the purpose of
meeting with the state conciliator who has intervened in the
proceedings; and
(e) To consider the appointment, employment, evaluation of
performance, or dismissal of public employee to hear complaints or
charges brought against such employee by another person or
employee unless such employee requests a public hearing.
Notwithstanding any of the provisions of this paragraph, the City
Council shall not consider the appointment to any board,
commission or committee in closed session nor shall such
appointment be voted upon by secret ballot. (Section 54957).
Prior to any closed session, the City Council shall state the general
reason or reasons for the closed session and may cite the statutory or
other legal authority under which the session is being held. In the
closed session the City Council may consider only those matters covered
in its statement. In the case of special, adjourned and continued
meetings, the statement shall be made as a part of the notice provided
for the special, adjourned or continued meeting. Nothing in this
paragraph, however, shall be construed to require or authorize the
giving of names or other information which would constitute an invasion
of privacy or otherwise unnecessarily divulge the particular facts
concerning the closed session.
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PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 3
No member of the City Council, employee of the City, or any other person
present during a closed session of the Council shall disclose to any
person the content or substance of any discussion which took place
during said closed session unless the City Council shall authorize the
disclosure of such information by majority vote. Provided, however, the
City Council shall publicly report at the public meeting during which
the closed session is held or at its next public meeting any action
taken and any roll call vote thereon, to appoint, employ or dismiss a
public employee arising out of said closed session of the City Council.
(f) To meet and consult with its negotiator prior to the purchase,
sale, exchange or lease of real property by or for the local
agency to give instructions to its negotiator regarding the price
and terms of payment for the purchase, sale, exchange or lease.
However, prior to holding any closed session to discuss the terms
with the negotiator, the City Council shall hold an open and
public session in which it identifies the real property or
properties which the negotiations may concern, and the person or
persons with whom its representative may negotiate.
5. Agenda.
(a) 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 Clerk not later
than 5:00 P.M. on the Friday following the Monday Council meeting.
The City Clerk shall prepare the agenda of all such matters under
the direction of the City Manager. The agenda shall be delivered
to the City Council Members on the Wednesday preceding the Monday
Council meeting to which it pertains and shall be made available
to the public no later than 8:30 a.m. on the Thursday preceding
the meeting.
(b) The agenda shall contain a brief description of each item of
business to be transacted or discussed. The agenda shall be
posted on the bulletin board outside of the personnel office, at
the front of City Hall, at least 72 hours before each regular
meeting, and the City Clerk shall maintain records of the name of
the person posting the agenda, and the date and time of posting.
This information shall be presented to the City Council by the
Clerk at the meeting for which the agenda is posted, and noted in
the minutes of the meeting.
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PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 4
6. Council Correspondence.
(a) Placing on Agenda. Correspondence received in the City Clerk's
Office or other offices after 5:00 p.m. on the Friday following a
regular Council meeting 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 Mayor or the City Manager
to be an urgent matter which should be brought to the immediate
attention of the Council. Correspondence shall not be read aloud
at a Council meeting unless requested by a majority vote of the
Council.
(b) Authority of City Clerk. The City Clerk is authorized to open and
examine all mail or other written communications addressed to the
City Council and to immediately give a copy to the City Manager.
The City Manager shall give it immediate attention to the end that
all administrative business referred to in said communication and
not necessarily requiring Council action may be acted upon between
Council meetings, or shall prepare a staff report for the next
Council meeting.
7. Order of Business. The business of the Council shall be taken up for
the consideration and disposition in the following order:
Pledge of allegiance;
Invocation;
Special presentations;
Call to order and roll call;
Approval of Minutes;
Waiver of reading of ordinances and resolutions;
Public hearings;
Public comments;
Consent Calendar;
Disposition of items removed from Consent Calendar;
Ordinances for adoption;
Continued business;
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PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 5
Current business; and
Adjournment.
The order of business shall not be changed except by majority vote of
the City Council.
8. Consideration of Off -Agenda Items. No action may be taken on an
off -agenda item unless: (a) Majority of those present determine that an
emergency situation exists; or (b) two-thirds of the members, or all of
the members if less than two-thirds are present, determine that the need
to take action on the item arose subsequent to the posting of the
agenda; or (c) the item was included in a properly posted agenda for
prior meeting occurring not more than five days prior to the meeting at
which the action is taken and the matter was continued to the meeting at
which action is taken. It is inevitable that subjects will be
discussed, either during the course of consideration of agenda items or
during public comment, on which no action can be taken because the
circumstances outlined in (a - c) above do not exist. In such event,
the Mayor shall have the power to refer the matter to staff, or to place
the item on the agenda of a future meeting, or both.
9. Preparation of Minutes. The City Clerk shall have exclusive
responsibility for preparation of the minutes, and any directions for
changes in the minutes shall be made only by majority action of the City
Council.
10. Reading of Minutes. Unless the reading of the minutes of a Council
meeting is ordered by a majority vote of the Council, such minutes may
be approved without reading if the City Clerk previously furnished each
Council member with a copy.
11. Presiding Officer. The Mayor shall be the Presiding Officer at all
meetings of the City Council. In the absence of the Mayor, or at the
Mayor's request, the Mayor Pro Tempore shall preside. In the absence of
the Mayor and Mayor Pro Tempore, the City Clerk shall call the Council
to order, whereupon a temporary Presiding Officer shall be elected by
the Council members present to serve until the arrival of the Mayor or
Mayor Pro Tempore.
12. Powers and Duties of Presiding Officer.
(a) Participation. The Presiding Officer may move, debate and vote
from the Chair.
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PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 6
(b) Seating Arrangement for City Council. Following each councilmanic
election, members of the City Council shall be seated at the
Council table with senior Council members having first choice of
seats. The Mayor, however, shall be seated in the center of the
Council table and the Mayor Pro Tempore shall always be seated
immediately next to and to the right of the Mayor. In the event
of equal seniority among members of the Council, selection of
Council seats shall be made alphabetically.
(c) Ouestion to be Stated. The Presiding Officer or such member of
the City staff as he or she may designate shall verbally restate
each question immediately prior to calling for the vote.
Following the vote, the City Clerk shall announce whether the
question carried or was defeated. The Presiding Officer in his
or her discretion may publicly explain the effect of a vote for
the audience, or he or she may direct a member of the City Staff
to do so, before proceeding to the next item of business.
(d) Signing of Documents. The Presiding Officer shall sign all
ordinances, resolutions, contracts and other documents
necessitating his or her signature which were adopted in his or
her presence, unless he or she is unavailable, in which case the
signature of an alternate Presiding Officer may be used.
(e) Sworn Testimony. The Presiding Officer may require any person
addressing the City Council to be sworn as a witness and to
testify under oath, and the Presiding Officer shall so require if
directed to do so by a majority vote of the Council.
13. Rules of Debate.
(a) Getting the Floor. Every Council member 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.
(b) Ouestions to Staff. Every Council member desiring to question the
City staff shall, after recognition by the Presiding Officer,
address the 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.
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PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 9
Council shall not leave their seats during the meeting without
first obtaining the permission of the Presiding Officer.
(b) Persons Addressing the Council. Each person addressing the
Council shall conduct themselves in a manner to promote
informative discussion for consideration of Council matters and
shall confine their remarks to the matters at hand. Any person
making repetitious or irrelevant remarks, or who makes
impertinent, slanderous, or profane remarks, or who becomes
boisterous, or engages in any other disorderly conduct which
disrupts, or otherwise impedes the orderly conduct of the Council
meeting 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 that meeting. No person
shall be ruled out of order or barred from further audience before
the Council because of disagreement with the person's viewpoint on
a Council matter or because of the speaker's identity.
(c) Members of the Audience. No person in the audience shall engage
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 refuse to comply with the lawful orders of the
Presiding Officer. Upon instructions from the Presiding Officer
it shall be the duty of the Sergeant -at -Arms to remove any such
person from the Council Chamber and to place them under arrest.
(d) 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.
(e) 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
Council member may move to require the Presiding Officer to
enforce the rules upon affirmative vote of a majority of the
Council.
20. Motions - Second not Required. A motion by any member of the Council,
including the Presiding Officer, may be considered by the Council
without receiving a second.
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PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 10
21. Voting Procedure. Any vote of the Council, including a roll call vote,
may be registered by the members by answering "Yes" for an affirmative
vote or "No" for a negative vote upon the member's name being called by
the City Clerk, or by pressing a switch to cause a green light to show
for an affirmative vote or a red light to show for a negative vote, upon
a vote being called for by the Presiding Officer. The result of any
vote registered by means of a lighting system shall be audibly announced
by the City Clerk and recorded in the minutes as the vote.
22. Disqualification for Conflict of Interest. Any Council member who is
disqualified from voting on a particular matter by reason of a conflict
of interest shall publicly state or have the Presiding Officer state the
nature of such disqualification in open meeting. Where no clearly
disqualifying conflict of interest appears, the matter of
disqualification may, at the request of the Council member affected, be
decided by the other Council members. A Council member who is
disqualified by reason of a conflict of interest in any matter shall not
remain in his or her seat during the debate and vote on such matter, but
shall request and be given the permission of the Presiding Officer to
step down from the Council table. A Council member stating such
disqualification shall not be counted as a part of a quorum and shall be
considered absent for the purpose of determining the outcome of any vote
on such matter.
23. Failure to Vote. Every Council member should vote unless disqualified
by reason of a conflict of interest. A Council member who abstains from
voting in effect consents that a majority of the quorum may decide the
question voted upon.
24. Tie Vote. Tie votes shall be lost motions and may be reconsidered.
25. 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.
26. Reconsideration. A motion to reconsider any action taken by the City
Council may be made only by one of the Council members who voted with
the prevailing side.
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PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 9
Council shall not leave their seats during the meeting without
first obtaining the permission of the Presiding Officer.
(b) Persons Addressing the Council. Each person addressing the
Council shall conduct themselves in a manner to promote
informative discussion for consideration of Council matters and
shall confine their remarks to the matters at hand. Any person
making repetitious or irrelevant remarks, or who makes
impertinent, slanderous, or profane remarks, or who becomes
boisterous, or engages in any other disorderly conduct which
disrupts, or otherwise impedes the orderly conduct of the Council
meeting 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 that meeting. No person
shall be ruled out of order or barred from further audience before
the Council because of disagreement with the person's viewpoint on
a Council matter or because of the speaker's identity.
(c) Members of the Audience. No person in the audience shall engage
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 refuse to comply with the lawful orders of the
Presiding Officer. Upon instructions from the Presiding Officer
it shall be the duty of the Sergeant -at -Arms to remove any such
person from the Council Chamber and to place them under arrest.
(d) 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.
(e) 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
Council member may move to require the Presiding Officer to
enforce the rules upon affirmative vote of a majority of the
Council.
20. Motions - Second not Required. A motion by any member of the Council,
including the Presiding Officer, may be considered by the Council
without receiving a second.
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PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 10
21. Voting Procedure. Any vote of the Council, including a roll call vote,
may be registered by the members by answering "Yes" for an affirmative
vote or "No" for a negative vote upon the member's name being called by
the City Clerk, or by pressing a switch to cause a green light to show
for an affirmative vote or a red light to show for a negative vote, upon
a vote being called for by the Presiding Officer. The result of any
vote registered by means of a lighting system shall be audibly announced
by the City Clerk and recorded in the minutes as the vote.
22. Disqualification for Conflict of Interest. Any Council member who is
disqualified from voting on a particular matter by reason of a conflict
of interest shall publicly state or have the Presiding Officer state the
nature of such'.disqualification in open meeting. Where no clearly
disqualifying conflict of interest appears, the matter of
disqualification,may, at the request of the Council member affected, be
decided by the other Council members. A Council member who is
disqualified by reason of a conflict of interest in any matter shall not
remain in his or her seat during the debate and vote on such matter, but
shall request and be given the permission of the Presiding Officer to
step down from the Council table. A Council member stating such
disqualification shall not be counted as a part of a quorum and shall be
considered absent for the purpose of determining the outcome of any vote
on such matter.
23. Failure to Vote. Every Council member should vote unless disqualified
by reason of a conflict of interest. A Council member who abstains from
voting in effect consents that a majority of the quorum may decide the
question voted upon.
24. Tie Vote. Tie votes shall be lost motions and may be reconsidered.
25. 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.
26. Reconsideration. A motion to reconsider any action taken by the City
Council may be made only by one of the Council members who voted with
the prevailing side.
on his own initiative. The Planning Commission may initiate zoning and
planning ordinances.
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PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS - Page 11
27. Ordinances, Resolutions and Contracts.
(a) All ordinances, resolutions and contracts shall be prepared by the
City Attorney. No ordinance shall be prepared for presentation to
the Council unless ordered by a majority vote of the Council, or
requested by the Mayor, or City Manager, or prepared by the City
Attorney on his own initiative. The Planning Commission may
initiate zoning and planning ordinances.
(b) Prior Approval by Administration 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 examined and approved for
administration by the City Manager or his authorized
representative.
28. Reading of Ordinances and Resolutions. If a motion to waive reading of
all ordinances and resolutions has been adopted at the beginning of the
Council meeting, the City Clerk will read the ordinances and resolutions
by title only. If any Council member so requests, the ordinance or
resolution shall be read in full.
29. Council Meeting Length. It is the intent of the City Council that no
additional item will be introduced on a City Council agenda after the
hour of 11:00 p.m. Furthermore, it is the City Council's intent that if
the item introduced and being discussed by 11:00 p.m. is not concluded
by 12:00 p.m., the Council should adjourn the meeting to another date.
The intent and purpose of this policy is to encourage a reasonable hour
in which the Council business is discussed and to protect against
fatigue in discussing and deciding important City issues.
Adopted
- August 21, 1972
Amended
- June 25, 1984
Amended
- November 24, 1975
Amended
- October 22, 1984
Amended
- November 28, 1977
Amended
- June 24, 1985
Amended
- July 24, 1978
Amended
- March 24, 1986
Amended
- September 11, 1978
Amended
- January 12, 1987
Amended
- November 27, 1978
Amended
- May 26, 1987
Amended
- October 23, 1979
Amended -
November 28, 1988
Amended
- February 9, 1981
Amended
- August 13, 1990
Amended -
October 22, 1990