(A) The City Manager or his/her designee shall prepare an agenda for each council meeting. Items of business may be placed on the agenda at the direction of a member of the council, the City Manager or the City Attorney.
(B) The agenda shall contain information relating to the time and place of the meeting, the order of business and a brief general description including the specific action requested to be taken by the council, of each item of business to be transacted or discussed at the meeting. The description of items to be discussed in closed session may be done by substantially complying with provisions of Government Code Section 54954.5. The agenda shall also contain information relating to special services available to persons with disabilities to permit those persons to participate in City Council meetings. The agenda may contain other information deemed necessary by the City Manager or City Attorney.
(C) The agenda may indicate a time certain for consideration of an item. Council members may request a time certain by filing a written request with the Mayor which request will be accommodated to the extent feasible in light of the business to be conducted. If a time certain is indicated, consideration of the item shall not occur before the specified time, but may be commenced after the specified time.
(D) The City Manager shall be responsible for establishing the process for preparation of the agenda, agenda reports, and packets or books of documents relevant to matters of business listed on the agenda. All items listed on the agenda other than presentations, oral communications and closed session items shall have a corresponding agenda report included in the agenda packet. The agenda packet shall include all written material delivered or to be delivered, to all or majority of the city council members with respect to an item listed on the agenda. The agenda and agenda packet shall be delivered to the council members on the Friday preceding the regular meeting or such earlier time as the Manager deems appropriate. The agenda packet shall be made available to the public as soon thereafter as practicable. In order to facilitate public access to the agenda packet, the City Clerk/Deputy City Clerk shall place a copy of the agenda packet for public inspection in city hall.
(E) Before presentation to the City Manager for inclusion on an agenda, all ordinances, resolutions and contract documents shall have been approved as to form and legality by the City Attorney or Attorney's authorized representative.
(F) Before presentation to the City Council, all agenda items requesting action, other than agenda items placed by the City Attorney, shall have been examined and approved for administration by the City Manager or the Manager's representative, where there are substantive matters of administration involved. The City Manager may refer any agenda item to the City Attorney for a report and recommendation, before the matter is placed on an agenda.
(G) The City Manager or City Clerk/Deputy City Clerk, or an employee designated by the Manager or Clerk, shall post the agenda on a publicly accessible place at city hall at least 72 hours before a regular council meeting. The person posting the agenda shall prepare and file with the City Clerk/Deputy City Clerk a signed declaration of the time and place of posting and a certified copy of the posted agenda. Except as provided in division (I) of this section, no business shall be transacted or matter discussed at the meeting on any item not appearing on the posted agenda. Questions for clarification, providing a reference to staff or other resources for factual information, or directions by the Mayor or the Council to refer a matter to staff for report or to place a matter on a future agenda shall not constitute prohibited action or discussion.
(H) The order of business established on the agenda shall be followed unless the presiding officer permits a matter to be taken out of the regular agenda order. The City Manager at the time of preparation of the agenda may indicate, or the presiding officer at a meeting may establish time limits for consideration of any agenda item in order that city business is conducted in an orderly manner with due regard for public input.
(I) An agenda shall be prepared and posted for adjourned meetings in the same manner as for regular meetings, unless the adjourned meeting is five or fewer days from the date of the original meeting and the items considered are limited to those listed on the agenda of the prior meetings. If the matters to be considered at an adjourned meeting are limited to those stated on the agenda of the prior meeting, then the agenda of the prior meeting may suffice as the agenda for an adjourned meeting.
(J) The City Council may discuss or take action on items of business not appearing on the posted agenda under any of the following conditions:
(1) An item has been continued by the Council to a date certain from a properly posted agenda at a meeting held five days or less before the date action is taken on the item:
(2) Upon a determination by a two-thirds vote of the Council, or if less than two-thirds of the members are present, a unanimous vote of those present that there is a need to take immediate action and that the need for action came to the attention of the city after the agenda was posted;
(3) Upon a determination by a majority vote of the Council that an emergency exists. For purposes of this subdivision "emergency" means a crippling disaster, work stoppage or other activity which severely impairs public health or safety where prompt action is necessary due to the disruption or threatened disruption of public facilities.
(Ord. 1205, passed 11-6-96)