Stockton Municipal Code

Chapter 3
ADMINISTRATIVE

Part I
THE CITY COUNCIL

Division I
COUNCIL MEETINGS -TIME, PLACE AND PROCEDURE

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SEC. 3-000. REGULAR MEETINGS:

SEC. 3-001. TIME:
Regular meetings of the Council shall be held each Tuesday at 5:30 p.m.; provided, however, that any such regular meeting at which a closed session is to be held may be commenced for the holding of such closed session at such earlier time on the meeting day as may be noticed on the Council's agenda and posted at least seventy-two (72) hours in advance of such earlier commencement time. In the event of any such earlier commencement of a regular meeting for the purpose of holding a closed session, no other items of business on the Council's meeting agenda shall be addressed before 5:30 p.m. In case Tuesday falls upon a legal holiday, Christmas Eve or New Year's Eve, then the regular meeting which otherwise would have occurred on that day shall be held on the first business day thereafter at the hour of 5:30 p.m.
(Amended by Ordinance 008-97C.S. — Effective June 29, 1997) (Amended by Ordinance 020-94C.S. — Effective July 6, 1994) (Amended by Ordinance 083-86C.S. — Effective December 18, 1986) (Amended by Ordinance 3420C.S. — Effective January 1, 1981)

SEC. 3-001.1. RESERVED.
(Repealed by Ordinance 025-90C.S. — Effective June 14, 1990)

SEC. 3-001.2. PLACE:
All regular meetings of the Council shall be held in the Council Chambers, City Hall, Stockton, California.

SEC. 3-001.3. AGENDA:
The City Manager shall prepare a Concurrent Agenda for Council meetings and meetings of the Redevelopment Agency of the City of Stockton in accordance with the proposed order of business and shall furnish each member of the Council/Redevelopment Agency, the City Clerk, the City Auditor and the City Attorney with a copy of said Agenda at least seventy-two (72) hours before each regular meeting of the City Council/Redevelopment Agency. The Council/Redevelopment Agency is prohibited from taking action on any item not appearing on the posted Agenda unless:
(A) A Council/Redevelopment Agency majority determines that an "emergency situation" as defined in Section 3-002 exists, or
(B) The Council/Redevelopment Agency determines by a two-thirds vote, or by a unanimous vote if less than two-thirds of the Council/Redevelopment Agency members are present, that there is a need to take immediate action and that the need for action came to the attention of the City/Redevelopment Agency subsequent to the posting of the agenda, or
(C) The item was included in a properly posted agenda for a prior meeting occurring not more than five days prior to the meeting at which the action is taken and was continued to the meeting at which the action is taken.
The City Manager shall cause to be marked with the word "CONSENT" those items on the Agenda regarding which it can reasonably be expected that there will be no discussion by the members of the City Council/Redevelopment Agency, the City staff or interested persons in the audience. The Council/Redevelopment Agenda may consider all of the items on the Agenda marked "CONSENT" at one time by roll call vote after motion has been duly made and seconded.
(Amended by Ordinance 043-02C.S. – Effective October 31, 2002) (Amended by Ordinance 026-95C.S. — Effective January 3, 1996) (Amended by Urgency Ordinance 092-86C.S. — Effective January 1, 1987) (Amended by Ordinance 3181 C.S. — Effective October 16,1980)

SEC. 3-001.4. POSTING OF AGENDA:
The City Clerk shall post an Agenda in a location which is freely accessible to the public at least seventy-two (72) hours before each regular meeting of the City Council.
(Added by Urgency Ordinance 092-86C.S. — Effective January 1, 1987)

SEC. 3-002. SPECIAL MEETINGS:
A special meeting may be called at any time by the Mayor or, in the absence of the Mayor, the Vice Mayor, or by a majority of the members of the City Council, by delivering personally or by mail written notice to each member of the City Council and to each local newspaper of general circulation, radio or television station requesting notice thereof in writing. The notice shall be delivered personally or by mail and shall be received at least twenty-four (24) hours before the meeting time 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 these meetings by the City Council.
The call and notice shall be posted at least twenty-four (24) hours prior to the meeting in a location that is freely accessible to members of the public.
In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, the City Council may hold an emergency meeting without complying with either the twenty-four (24) hour notice requirement or the twenty-four (24) hour posting requirement or both of the notice and posting requirements.
For the purposes of this Section, "emergency situation" means any of the following:
1. Work stoppage or other activity which severely impairs public health, safety or both, as determined by a majority of the members of the City Council, or
2. Crippling disaster which severely impairs public health, safety or both, as determined by a majority of the members of the City Council.
(Amended by Urgency Ordinance 092-86 C.S. — Effective January 1, 1987)

SEC. 3-003. PROCEDURE:

SEC. 3-003.1. THE PRESIDING OFFICER — ELECTION AND DUTIES:
The Presiding Officer of the Council shall be the Mayor who shall be elected pursuant to Section 1100 of Article XI of the Stockton City Charter. The Mayor shall preserve strict order and decorum at all regular and special meetings of the Council, announce the decision of the Council on all subjects and decide all questions of order consistent with Part I, Articles II, III and V, and Part II, Articles XII and XIII of Roberts Rules of Order, Jove publications, 1967, May 1979 printing, subject, however, to an appeal to the Council, in which event a two-thirds (2/3) vote of the Council shall govern and conclusively determine such question or order. The Presiding Officer shall be entitled to vote on all questions.
(Amended by Ordinance 018-93C.S. — Effective July 8, 1993) (Amended by Ordinance 3772 C.S. — Effective May 31, 1984)

SEC. 3-003.2. CALL TO ORDER — PRESIDING OFFICER:
The Mayor or, in his/her absence, the Vice Mayor shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor or Vice Mayor, the City Clerk, or his/her deputy, shall call the Council to order, whereupon a temporary chairperson shall be elected by the members of the Council present. Upon the arrival of the Mayor or Vice Mayor, the temporary chairperson shall immediately relinquish the chair upon the conclusion of the business immediately before the Council.
(Amended by Ordinance 018-93C.S. — Effective July 8, 1993)

SEC. 3-003.3. ROLL CALL:
Before proceeding with the business of the Council, the City Clerk or his/her deputy shall call the roll of the members, and the names of those present shall be entered in the minutes.
(Amended by Ordinance 018-93C.S. — Effective July 8, 1993)

SEC. 3-003.4. QUORUM:
A majority of all the members elected to the Council shall constitute a quorum at any regular or special meeting of the Council.

SEC. 3-003.5. ORDER OF BUSINESS:
All meetings of the Council shall be open to the public, except for closed sessions as permitted by law. The Council shall provide by resolution the order of business for regular meetings of the Council, and shall provide therein for public comment as required by law. In attendance shall be the City Manager, the City Clerk, and the City Attorney or their authorized designees.
(Amended by Ordinance 016-99C.S. — Effective October 14, 1999) (Amended by Ordinance 022-94C.S. — Effective Aug. 17, 1994) (Amended by Ordinance 020-94C.S. — Effective July 6, 1994) (Amended by Ordinance 018-94C.S. — Effective June 22, 1994) (Amended by Ordinance 026-93C.S. — Effective October 27, 1993) (Amended by Ordinance 018-93C.S. — Effective July 8, 1993) (Amended by Ordinance 039-90C.S. — Effective July 19, 1990) (Amended by Ordinance 025-90C.S. — Effective June 14, 1990) (Amended by Ordinance 064-89C.S. — Effective Nov. 2, 1989) (Amended by Ordinance 088-88C.S. — Effective Feb. 3, 1989) (Amended by Ordinance 042-88.C.S. — Effective July 14, 1988) (Amended by Ordinance 1-88C.S. — Effective Feb. 11, 1988) (Amended by Ordinance 079-87C.S. — Effective Nov. 12, 1987) (Amended by Ordinance 3928 C.S. — Effective Nov. 21, 1985)

SEC. 3-003.6. READING OF MINUTES:
The Clerk will read a synopsis of the minutes of the previous Council meeting at each Council meeting. Such reading of the minutes may however be dispensed with provided that the Clerk has previously furnished each member with a synopsis thereof.

SEC. 3-003.7. RULES OF DEBATE:
A. PRESIDING OFFICER MAY DEBATE AND VOTE: The Mayor or Vice Mayor or such other member of the Council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of these rights and privileges of a Council member by reason of acting as the Presiding Officer.
B. GETTING THE FLOOR — IMPROPER REFERENCES: Every member desiring to speak shall address the Chair, and, upon recognition by the Presiding Officer, shall confine all remarks to the question under debate, avoiding all personalities and indecorous language.
C. INTERRUPTIONS: A member, once recognized, shall not be interrupted when speaking unless it be to call said member to order, or as herein otherwise provided. If a member, while speaking, be called to order, said member shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed.
D. TIME LIMIT: Every member, once recognized, shall be limited in their debate to five (5) minutes and shall, upon expiration of said time, relinquish the floor.
E. PRIVILEGE OF CLOSING DEBATE: The Council member moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.
F. REMARKS OF COUNCIL MEMBER WHEN ENTERED IN MINUTES: A Council member may request, through the Presiding Officer, the privilege of having a written abstract of said member's 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.
(Amended by Ordinance 3928 C.S. — Effective Nov. 21, 1985)

SEC. 3-003.8. ADDRESSING THE COUNCIL:
Any person desiring to address the Council shall first secure the permission of the Presiding Officer to do so; provided, however, that under the following headings of business, unless the Presiding Officer rules otherwise, any qualified and interested person shall have the right to address the Council upon obtaining recognition by the Presiding Officer.
A. WRITTEN COMMUNICATIONS: Interested parties or their authorized representatives may address the Council by written communications in regard to matters then under discussion.
B. ORAL COMMUNICATIONS: Persons may address the Council by oral communications on any matter concerning the City's business, or any matter over which the Council has control. Speakers may submit "Request to Speak" cards to the City Clerk who shall number them in the order in which they are received. The Presiding Officer shall call upon such persons to speak in such order, unless he/she determines that a different order is necessary to facilitate the conduct of the meeting.
C. PUBLIC HEARINGS AND PROTESTS, ETC.: Persons may address the Council by reading of protests, petitions, or communications relating to zoning, sewer and street proceedings, hearings on protests, appeals and petitions, or similar matters, in regard to matters then under consideration.
D. ADDRESSING THE COUNCIL AFTER MOTION IS MADE: After a motion is made by the Council, no person shall address the Council without first securing the permission of the Council to do so.
E. MANNER OF ADDRESSING COUNCIL — TIME LIMIT: Persons addressing the Council shall step up in front of the rail, shall give their name and address in an audible tone of voice for the record, provided, however, that the address need not be stated if it is contained in a request to speak form submitted to the Mayor prior to the agenda item being addressed by the Council. 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 Presiding Officer. No question shall be asked a Council member except through the Presiding Officer. All comments presented to the Council under Agenda Items "Citizens' Announcements or Invitations" and "Citizens' Presentations" shall be strictly limited to a maximum of five (5) minutes provided, however, that the Presiding Officer may, with the consent of the Council, waive this limitation when deemed necessary to more fully accommodate a citizen's request to be heard.
(Amended by Ordinance 018-93C.S. — Effective July 8, 1993) (Amended by Ordinance 025-90 C.S — Effective June 14, 1990) (Amended by Ordinance 042-88C.S. — Effective July 14, 1988) (Amended by Ordinance 3928C.S. — Effective Nov. 21, 1985)

SEC. 3-004. DECORUM:

SEC. 3-004.1. BY COUNCIL MEMBERS:
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, use personal, impertinent, or slanderous remarks, nor disturb any member while speaking or refuse to obey the orders of the council or the Presiding Officer, except as otherwise herein provided.
(Amended by Ordinance 3541 C.S. — Effective Apr. 8, 1982)

SEC. 3-004.2. PERSONS ADDRESSING THE COUNCIL:
Each person who addresses the Council shall not make slanderous or profane remarks to any member of the Council, staff or general public. Any person who makes such remarks, who utters loud, threatening, personal or abusive language, who is unduly repetitious or engages in extended discussion of irrelevancies, or who engages in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of any Council meeting shall, at the discretion of the presiding officer or a majority of the Council, be barred from further audience before the Council during that meeting.
(Amended by Ordinance 008-98C.S. -- Effective June 18, 1998)

SEC. 3-004.3. ENFORCEMENT OF DECORUM:
The rules of decorum set forth above shall be enforced in the following manner:
Warning. The presiding officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him/her to leave the Council meeting. If such person does not remove himself/herself, the presiding officer may order any law enforcement officer who is on duty at the meeting to remove that person from the Council chambers.
(Amended by Ordinance 008-98C.S. -- Effective June 18, 1998)

SEC. 3-004.4. PERSONS AUTHORIZED WITHIN RAIL:
No person except City officials, their representatives and newspaper and radio reporters, shall be permitted within the rail in front of the Council Chamber without the express consent of the Council.
(Added by Ordinance 008-98C.S. -- Effective June 18, 1998)

SEC. 3-005. ORDINANCES, RESOLUTIONS, MOTIONS AND CONTRACTS:

SEC. 3-005.1. PREPARATION OF ORDINANCES:
All ordinances 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 in writing by the Presiding Officer or City Manager, or prepared by the City Attorney on his own initiative.

SEC. 3-005.2. APPROVAL BY 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 or his authorized representative, and shall have been examined and approved for the administration by the City Manager or his authorized representative, where there are substantive matters of administration involved.

SEC. 3-005.3. INTRODUCING FOR PASSAGE OR APPROVAL:
Ordinances, resolutions, and other matters or subjects requiring action by the Council must be introduced and sponsored by a member of the Council, except that the Mayor, City Manager, or City Attorney may present ordinances, resolutions and other matters or subjects to the Council, and any Council member may assume sponsorship thereof by moving that such ordinances, resolutions, matters or subjects be adopted; otherwise they shall not be considered.
(Amended by Ordinance 018-93C.S. — Effective July 8, 1993)

SEC. 3-006. REPORTS AND RESOLUTIONS TO BE FILED WITH CITY CLERK:
All reports and resolutions shall be filed with the Clerk and entered on the minutes.

SEC. 3-007. ADJOURNMENT:
A motion to adjourn shall always be in order and decided without debate.