The city manager or city clerk shall prepare the agenda of all
such matters according to council policies and administrative regulations.
(Ord. 1506 § 2, 2015)
The mayor, or in the mayor's absence the mayor pro tempore,
shall be the presiding officer and shall assume his or her place and
duties as such immediately following his or her election. The mayor
shall preserve order and decorum at all meetings of the city council,
state questions coming before the city council, and decide all questions
of order; subject, however, to an appeal to the city council as a
whole, in which event a majority vote shall govern and conclusively
determine such question of order. He or she shall vote on all questions.
The mayor shall sign all ordinances and resolutions adopted
and contracts approved by the city council at meetings. In the event
of the mayor's absence, the mayor pro tempore shall sign such documents
as have been adopted and approved by the city council. In the absence
of the mayor and mayor pro tempore, the temporary chairperson shall
sign such documents as have been adopted and approved during the meeting
at which he or she presided.
(Ord. 1506 § 2, 2015)
The mayor, or in his or her absence, the mayor pro tempore,
shall take the chair at the hour appointed for the meeting, and shall
call the city council to order. In the absence of the mayor and the
mayor pro tempore, the city clerk or the deputy city clerk shall call
the city council to order, whereupon a temporary chairperson shall
be elected by the councilmembers present. Upon the arrival of the
mayor or the mayor pro tempore, the temporary chairperson shall relinquish
the chair at the conclusion of the business then before the city council.
(Ord. 1506 § 2, 2015)
Before proceeding with the business of the city council, the
city clerk shall enter in the minutes the names of all councilmembers
present.
(Ord. 1506 § 2, 2015)
A majority of the city council shall constitute a quorum for
the transaction of business. When there is no quorum, the mayor, mayor
pro tempore, or a councilmember shall adjourn such meeting, or if
no councilmember is present, the city clerk shall adjourn the meeting.
(Ord. 1506 § 2, 2015)
Unless otherwise required by law, a majority of the quorum consisting
of at least two affirmative votes are required to take action. Abstentions
shall not be counted as affirmative votes.
(Ord. 1506 § 2, 2015)
The minutes of city council meetings shall be kept by the city
clerk and shall not be required to record any remarks of councilmembers,
or of any other person except at the special request of a councilmember.
A record shall be made of the names of persons addressing the city
council and whether they spoke in support of or in opposition to a
matter under consideration by the city council.
The city manager or clerk shall cause a copy of the minutes
to be presented for approval and filed by the city council at a subsequent
meeting.
(Ord. 1506 § 2, 2015)
(a) Presiding
Officer May Debate and Vote. The presiding officer may move, second
and debate from the chair, subject only to such limitations of debate
as are by these rules imposed on all councilmembers, and shall not
be deprived of any of the rights and privileges of a councilmember
by reason of acting as the presiding officer.
(b) Getting
the Floor—Improper References to Be Avoided. Every councilmember
desiring to speak shall address the chair and, upon recognition by
the presiding officer, shall confine him or herself to the question
under debate, avoiding all personalities and indecorous language.
(c) Interruptions.
A councilmember, once recognized, shall not be interrupted when speaking
unless to call him or her to order, or as herein provided. If a councilmember
while speaking is called to order, he or she shall cease speaking
until the question of order is determined, and, if in order, he or
she shall be permitted to proceed.
(d) Rules
of Order. The latest edition of Robert's Rules of Order shall be used
as a nonbinding guide to the conduct of meetings. Because Robert's
Rules of Order does not directly apply to city council meetings, Robert's
will not be strictly followed. When the city council is acting in
an adjudicatory capacity, the hearing procedure shall afford due process.
Reconsideration or rescission of adjudicatory matters may be allowed
at the city council's discretion. The presiding officer shall decide
all questions of order unless an appeal to the city council as a whole
is made, in which case the majority vote shall govern and conclusively
determine the matter.
(Ord. 1506 § 2, 2015)
Any person desiring to address the city 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 city council upon obtaining recognition
by the presiding officer:
(a) Commission/Committee and Staff Reports. Interested parties or their authorized representatives may address the city council with regard to written communications, reports, ordinances, resolutions or bids appearing on the agenda, whether scheduled in advance or placed on the agenda under Section
2.04.010.
(b) Public
Hearings. Interested persons or their authorized representatives may
address the city council in regard to matters then under consideration.
(c) Oral
Communications. Any person or their authorized legal representatives
may address the city council by oral communications on any matter
over which the city council has authority. All communications shall
be governed by the Ralph M. Brown Act.
(Ord. 1506 § 2, 2015)
(a) Each
person addressing the city council shall give his or her name for
the record. Unless further time is granted by the presiding officer,
each person shall limit his or her address to three minutes. All remarks
shall be addressed to the city council as a body and not to any councilmember.
No person, other than a councilmember and the person having the floor
shall be permitted to enter into any discussion without the permission
of the presiding officer.
(b) Spokesperson
for Group of Persons. Whenever any group of persons wishes to address
the city council on the same subject matter, it shall be proper for
the presiding officer to request that a spokesperson be chosen by
the group to address the city council, and in case additional matters
are to be presented at the time by any other member of said group,
to limit the number of persons so addressing the city council, so
as to avoid unnecessary repetition.
(Ord. 1506 § 2, 2015)
By Councilmembers. While the city council is in session, each
councilmember must preserve order and decorum, and no councilmember
shall, by conversation or otherwise, delay or interrupt the proceedings
or the peace of the city council nor disturb any councilmember while
speaking, or refuse to obey the orders of the city council or the
presiding officer, except as otherwise herein provided.
(Ord. 1506 § 2, 2015)
No person, except city officials or their representatives, shall
be permitted to approach the city council table without the consent
of the city council.
(Ord. 1506 § 2, 2015)
Any councilmember at his or her request shall have the right
to have the reasons for his or her dissent from or protest against
any action of the city council entered in the minutes.
(Ord. 1506 § 2, 2015)
Any councilmember shall have the right to have an item considered
at a subsequent meeting by raising the item at a council meeting and
receiving at least one concurring vote to have the item placed on
a future agenda.
(Ord. 1506 § 2, 2015)
The official meeting place for the city council to conduct regular
meetings shall be in the Council Chambers Building, 10200 Slater Avenue,
Fountain Valley, California.
(Ord. 1506 § 2, 2015)
Regular meetings of the city council shall be held on the first
and third Tuesday of each month at a time fixed by resolution.
(Ord. 1506 § 2, 2015)
Agendas shall be posted in accordance with state law.
(Ord. 1506 § 2, 2015)
Pursuant to the provisions of California Government Code Sections
36516 and 36516.2, councilmembers shall receive as compensation five
hundred dollars per month and such benefits as allowed by law.
(Ord. 1506 § 2, 2015)
(a) As
soon as practical, following the certification of the city council
election results after the November general municipal election, the
city council shall make its selections of mayor and mayor pro tempore.
In the nonelection years, the selection of mayor and mayor pro tempore
shall be made at the city council meeting date closest to the anniversary
date of the selections in the election years.
(b) The
offices of mayor and mayor pro tempore shall have one-year terms and
shall be filled in accordance with the following rotation procedure:
(1) The councilmember who has the longest consecutive council service
since his or her last election or last service as mayor, whichever
is longer, should become the mayor.
(2) In the event that two councilmembers have the same length of service
as described in subsection (b)(1) of this section, the one having
received the greatest number of votes in the last councilmember's
election should become mayor. If any person declines his or her term
as it comes by in rotation, that person should remain in the same
place in the rotation cycle as if he or she had served.
(3) Notwithstanding the rotation provided for in this section, the selection
of the mayor and mayor pro tempore shall ultimately be at the discretion
of the city council, which shall make its selection with at least
four councilmembers present. Selection shall be made by a nomination
from a councilmember, seconded by another councilmember, after which
a vote is taken by the entire city council. This procedure shall be
repeated until at least three votes have been given to one nominee.
The city council, by vote with at least four members present, may
remove a person from the office of mayor or mayor pro tempore at any
time for any reason.
(c) In
the event of a vacancy in the office of mayor, the mayor pro tempore
shall assume all of the duties of the mayor until a mayor is selected
by the city council to serve the balance of the term of the vacated
incumbent. The city council shall be free to appoint any councilmember
for the balance of that term, but upon the conclusion of that term
the rotational selection process should again be employed in the same
order as if the vacated incumbent had served a full term.
(d) The
selection of mayor pro tempore shall be in accordance with the same
criteria as provided above, with the exception that the mayor pro
tempore should be the person with the next greatest qualifications.
(Ord. 1506 § 2, 2015; Ord. 1535 § 1, 2018)
All general municipal elections shall be held on the same day
as the statewide general election. General municipal elections shall
be consolidated and the Orange County Registrar of Voters shall be
requested to conduct the election.
(Ord. 1506 § 2, 2015)
(a) No
person shall serve more than three consecutive full terms of office
as a member of the city council. For the purposes of this section,
"full term" shall mean a four-year term. No portion of a full term
that is less than a full term will be counted in calculating the term
limit.
(b) Any
person who has served three consecutive full terms as a member of
the city council shall not be eligible to serve again until the expiration
of at least two years measured from the next regular election date
to the regular council election date following. The intent of this
subsection is to provide at least a two-year break in service on the
council.
(c) The
term limits established by this section shall apply prospectively
only to those terms of office which commence on or after November
2, 2004.
(Ord. 1506 § 2, 2015)
Councilmembers shall attend ethics training as required by Government
Code Section 53234 et seq. The city clerk shall assist the councilmembers
in attaining compliance with this law in a timely manner.
(Ord. 1506 § 2, 2015)
Councilmembers shall comply with the expense reimbursement law
set forth in Government Code Section 53232 et seq., as follows:
(a) Expense
reimbursements shall be in accordance with the city council policy
implementing this law.
(b) Councilmembers
shall provide a brief report on any event attended at the city's expense
at the next regular meeting of the city council.
(Ord. 1506 § 2, 2015)