SECTION 22. RESOLUTIONS.
   Where action by Council is not required to be by ordinance, Council may act by resolution or motion. All resolutions shall require but one reading and no publication, and shall take effect immediately upon their adoption.
SECTION 23. VOTING THRESHOLDS AND ABSTENTIONS.
   a.    Vote Thresholds. In order to pass an ordinance or resolution, an affirmative vote from a majority of those members present at the meeting shall be required, unless such ordinance is passed as an emergency ordinance, which shall require the affirmative vote of a two-thirds majority of those members elected to Council. Matters that may be adopted by Council by motion shall require the affirmative vote of a majority of those members present at the meeting at the time the vote is taken. The Mayor is only permitted to vote on matters before Council in the event of a tie. The Mayor shall not be counted in calculating the number of members elected to Council for voting purposes unless he actually casts a vote in the event of a tie. For voting purposes, Council shall never be considered more than a five person Council. If one or more Council offices are vacant, the number of persons serving on Council at the time the vote is taken shall be considered the number of those members elected to Council for voting purposes.
   b.    Abstentions. Councilmembers shall, after providing an explanation therefor, abstain from voting on matters before Council when they have a conflict of interest with respect to the matter being considered. If a Councilmember abstains from voting due to a conflict of interest, the abstaining member shall be treated as if they were not present for the vote for the purpose of determining the number of votes needed to pass an ordinance, resolution, or motion. With the exception of abstaining from a vote to approve minutes for a meeting at which a Councilmember was not present or in the event of a conflict of interest or an appearance of impropriety, Councilmembers shall not abstain from casting a vote unless permission to abstain is granted to the Councilmember requesting to abstain by a majority vote of the other Councilmembers present at the meeting.
   c.    Appeals or Quasi-Judicial Proceedings Conducted by Council. For matters in which Council is acting as an appellate tribunal and/or in a quasi-judicial manner, Councilmembers who recuse themselves from the proceedings due to a conflict of interest, the appearance of impropriety, illness, or unavailability shall not be considered as a member elected to Council or member present at the meeting when determining the necessary affirmative vote threshold for that appeal or proceeding. In appeals or quasi-judicial proceedings heard by Council, the Mayor shall not be counted in calculating the number of members elected to Council or the number of Councilmembers present at a meeting for voting purposes unless he actually casts a
vote in the event of a tie.
   d.    Voting Thresholds for Particular Vote Requirements and Situations.
      (1)   Four Fifth’s Vote of Those Members Elected to Council.
         Requires 4 affirmative votes out of the 5 Councilmembers.
         If one or more Council offices are vacant, the number of persons serving on Council at the time the vote is taken (whether or not they are present at the meeting) shall be considered the number of those members elected to Council for voting purposes.
         Requires 4 affirmative votes if 4 person Council with 1 vacancy.
         Requires 3 affirmative votes if 3 person Council with 2 vacancies.
         Requires 2 affirmative votes if 2 person Council with 3 vacancies.
         Councilmembers not present at a meeting do not alter the number of members elected to Council for the purposes of this voting threshold.
         Abstention votes are not counted as an affirmative vote.
         The Mayor shall not be counted in calculating the number of members elected to Council for voting purposes.
         For voting purposes, Council shall never be considered more than a five person Council.
For matters in which Council is acting as an appellate tribunal and/or in a quasijudicial manner, Councilmembers who recuse themselves from the proceedings due to a conflict of interest, the appearance of impropriety, illness, or unavailability shall not be considered as a member elected to Council when determining the necessary affirmative vote threshold for that appeal or proceeding.
      (2)    Four-Fifth’s Vote of Council or Four-Fifth’s Vote of Those Members Present.
Based upon the number of Councilmembers present at the meeting.
If 5 Councilmembers are present at the meeting, 4 affirmative votes are required.
If 4 Councilmembers are present at the meeting, 4 affirmative votes are required.
If 3 Councilmembers are present at the meeting, 3 affirmative votes are required.
Abstention votes are not counted as an affirmative vote.
The Mayor shall not be counted in calculating the number of members present.
For voting purposes, Council shall never be considered more than a five person Council.
If a Councilmember abstains from voting due to a conflict of interest, the abstaining member shall be treated as if they were not present for the vote for the purpose of determining the number of votes needed to pass an ordinance, resolution, or motion. With the exception of abstaining from a vote to approve minutes for a meeting at which a Councilmember was not present or in the event of a conflict of interest or an appearance of impropriety, Councilmembers shall not abstain from casting a vote unless permission to abstain is granted to the Councilmember requesting to abstain by a majority vote of the other Councilmembers present at the meeting.
For matters in which Council is acting as an appellate tribunal and/or in a quasijudicial manner, Councilmembers who recuse themselves from the proceedings due to a conflict of interest, the appearance of impropriety, illness, or unavailability shall not be considered as a member present at the meeting when determining the necessary affirmative vote threshold for that appeal or proceeding.
In appeals or quasi-judicial proceedings heard by Council, the Mayor shall not be counted in calculating the number of Councilmembers present at a meeting for voting purposes unless he actually casts a vote in the event of a tie.
      (3)   Two-Thirds Vote of Those Members Elected to Council.
         Requires 4 affirmative votes out of the 5 Councilmembers.
If one or more Council offices are vacant, the number of persons serving on Council at the time the vote is taken (whether or not they are present at the meeting) shall be considered the number of those members elected to Council for voting purposes.
Requires 3 affirmative votes if 4 person Council with 1 vacancy.
Requires 2 affirmative votes if 3 person Council with 2 vacancies.
Requires 1 affirmative vote plus the Mayor’s affirmative tiebreaking vote if 2 person Council with 3 vacancies.
         Councilmembers not present at a meeting do not alter the number of members elected to Council for the purposes of this voting threshold.
Abstention votes are not counted as an affirmative vote.
The Mayor shall not be counted in calculating the number of members elected to Council for voting purposes unless he actually casts a vote in the event of a tie.
For voting purposes, Council shall never be considered more than a five person Council.
For matters in which Council is acting as an appellate tribunal and/or in a quasijudicial manner, Councilmembers who recuse themselves from the proceedings due to a conflict of interest, the appearance of impropriety, illness, or unavailability shall not be considered as a member elected to Council when determining the necessary affirmative vote threshold for that appeal or proceeding.
      (4)   Two-Thirds Vote of Council or Two-Thirds Vote of Those Members Present.
Based upon the number of Councilmembers present at the meeting.
If 5 Councilmembers are present at the meeting, 4 affirmative votes are required.
If 4 Councilmembers are present at the meeting, 3 affirmative votes are required.
If 3 Councilmembers are present at the meeting, 2 affirmative votes are required.
Abstention votes are not counted as an affirmative vote.
The Mayor shall not be counted in calculating the number of members present for voting purposes unless he actually casts a vote in the event of a tie.
For voting purposes, Council shall never be considered more than a five person Council.
If a Councilmember abstains from voting due to a conflict of interest, the abstaining member shall be treated as if they were not present for the vote for the purpose of determining the number of votes needed to pass an ordinance, resolution, or motion. With the exception of abstaining from a vote to approve minutes for a meeting at which a Councilmember was not present or in the event of a conflict of interest or an appearance of impropriety, Councilmembers shall not abstain from casting a vote unless permission to abstain is granted to the Councilmember requesting to abstain by a majority vote of the other Councilmembers present at the meeting.
For matters in which Council is acting as an appellate tribunal and/or in a quasijudicial manner, Councilmembers who recuse themselves from the proceedings due to a conflict of interest, the appearance of impropriety, illness, or unavailability shall not be considered as a member present at the meeting when determining the necessary affirmative vote threshold for that appeal or proceeding.
In appeals or quasi-judicial proceedings heard by Council, the Mayor shall not be counted in calculating the number of Councilmembers present at a meeting for voting purposes unless he actually casts a vote in the event of a tie.
      (5)    Majority Vote of Those Members Elected to Council.
Requires 3 affirmative votes out of the 5 Councilmembers.
If one or more Council offices are vacant, the number of persons serving on Council at the time the vote is taken (whether or not they are present at the meeting) shall be considered the number of those members elected to Council for voting purposes.
Requires 3 affirmative votes or 2 affirmative votes plus the Mayor’s tiebreaking vote if 4 person Council with 1 vacancy.
Requires 2 affirmative votes if 3 person Council with 2 vacancies.
Requires 1 affirmative vote plus the Mayor’s tiebreaking vote if 2 person Council with 3 vacancies.
Councilmembers not present at a meeting do not alter the number of members elected to Council for the purposes of this voting threshold.
Abstention votes are not counted as an affirmative vote.
The Mayor shall not be counted in calculating the number of members elected to Council for voting purposes unless he actually casts a vote in the event of a tie.
For voting purposes, Council shall never be considered more than a five person Council.
For matters in which Council is acting as an appellate tribunal and/or in a quasijudicial manner, Councilmembers who recuse themselves from the proceedings due to a conflict of interest, the appearance of impropriety, illness, or unavailability shall not be considered as a member elected to Council when determining the necessary affirmative vote threshold for that appeal or proceeding.
         In appeals or quasi-judicial proceedings heard by Council, the Mayor shall not be counted in calculating the number of members elected to Council or the number of Councilmembers present at a meeting for voting purposes unless he actually casts a vote in the event of a tie.
      (6)   Majority Vote, Majority Vote of Council, or Majority Vote of Those Present.
Based upon the number of Councilmembers present at the meeting.
If 5 Councilmembers are present at the meeting, 3 affirmative votes are required.
If 4 Councilmembers are present at the meeting, 3 affirmative votes (or two affirmative votes plus the Mayor’s affirmative tiebreaking vote) are required.
If 3 Councilmembers are present at the meeting, 2 affirmative votes are required.
Abstention votes are not counted as an affirmative vote.
          The Mayor shall not be counted in calculating the number of members present for voting purposes unless he actually casts a vote in the event of a tie.
For voting purposes, Council shall never be considered more than a five person Council.
If a Councilmember abstains from voting due to a conflict of interest, the abstaining member shall be treated as if they were not present for the vote for the purpose of determining the number of votes needed to pass an ordinance, resolution, or motion. With the exception of abstaining from a vote to approve minutes for a meeting at which a Councilmember was not present or in the event of a conflict of interest or an appearance of impropriety, Councilmembers shall not abstain from casting a vote unless permission to abstain is granted to the Councilmember requesting to abstain by a majority vote of the other Councilmembers present at the meeting.
For matters in which Council is acting as an appellate tribunal and/or in a quasijudicial manner, Councilmembers who recuse themselves from the proceedings due to a conflict of interest, the appearance of impropriety, illness, or unavailability shall not be considered as a member present at the meeting when determining the necessary affirmative vote threshold for that appeal or proceeding.
In appeals or quasi-judicial proceedings heard by Council, the Mayor shall not be counted in calculating the number of Councilmembers present at a meeting for voting purposes unless he actually casts a vote in the event of a tie. (Added November 8, 2022.)
SECTION 25. PUBLIC AND CLOSING COMMENTS.
   The public shall have the right to Public Comments and Closing Comments at City Council Meetings as specified herein:
   a.    Regular Council Meetings. At Regular Council Meetings, prior to the time Council votes on any agenda item but after the time at which Council may amend the agenda, members of the public in attendance shall have up to three minutes for Public Comments on any items on, or added to, the agenda. In addition, Council shall provide for a Closing Comment period at all Regular Council Meetings. During the Closing Comment period, members of the public in attendance shall have up to three minutes to comment on any matter or matters relating to the City or City business, or charitable cases or causes, regardless of whether the matters are an agenda item for that meeting.
   b.    Special Council Meetings. At Special Council Meetings, prior to the time Council votes on any agenda item, members of the public in attendance shall have up to three minutes for Public Comments on any items on the agenda.
   c.    Emergency Council Meetings. At Emergency Council Meetings, prior to the time Council votes on any agenda item, members of the public in attendance shall have up to three minutes for Public Comments on any items on the agenda.
      (Added November 8, 2022.)