Fontana Municipal Code Art. II City Council

Footnotes:

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Cross reference— Meetings of council, § 2-142.

(a) All matters relating to city business needing council action shall be submitted by the department head to the assistant city manager's department 11 working days before the date of the city council meeting, whereupon staff shall prepare a list setting forth such matters and the nature thereof under their appropriate headings, as specified in section 2-27. On the Thursday before the city council meeting, the assistant city manager's department shall submit one copy of the completed agenda to the mayor and each councilmember. Matters deemed by the city council to be an emergency are excepted from the provisions of this subsection.

(b) Any written or oral communications requesting agenda placement, received by the city clerk's department, will be handled in the following manner:

(1) A letter of acknowledgment of receipt of written or oral communications will be transmitted to the sender by the city clerk's department.

(2) The city clerk's department will notify the affected department for report and handling.

(3) The city clerk's department will maintain an index of all transactions.

(Code 1968, § 2-14)

Promptly at the time set by resolution of the city council for each regular meeting of the city council, as set forth in section 2-142, the mayor and city council, city clerk, city treasurer, city manager and, if necessary, department heads, shall assemble in the city hall council chambers, unless an alternative site has been chosen as set forth in section 2-141, whereupon the business of the meeting shall be conducted as set forth by resolution of the city council.

(Code 1968, § 2-15; Ord. No. 1022, § 1, 4-16-91; Ord. No. 1098, § 1, 12-7-93; Ord. No. 1154, § 1, 5-2-95)

Any matter, the consideration of which has not been completed at any meeting of the council and which has not been continued to a specific date, shall be listed for consideration at the next regular meeting of the council under the heading of "unfinished business."

(Code 1968, § 2-16)

Under the head of oral communications, any person may address the council on any matter concerning the city's business or on any matter over which the city has control, but preference shall be given to those who have previously and personally notified the city clerk in advance of their desire to speak.

(Code 1968, § 2-17)

Under the head of protests, written communications or petitions, all persons may, personally or by their representatives, address the council in regard to any matters in which they are interested.

(Code 1968, § 2-18)

Ordinances may be introduced under the head of new business by reading the title only. Ordinances ready for final passage shall be taken up under unfinished business and be read in full unless the reading thereof is dispensed with by unanimous vote of council. If there is unanimous vote at introduction, the ordinance shall be placed under consent calendar for adoption at a future meeting, except if an urgency ordinance.

(Code 1968, § 2-19)

While discussing any question under consideration by the council, it shall be the duty of the members thereof to remain seated and address their remarks to the presiding officer and their fellow members. Any remarks or orders to the audience shall be addressed by the presiding officer, or with his permission by members of the council.

(Code 1968, § 2-20)

The chief of police shall be deemed ex officio sergeant-at-arms of the council for the maintenance of order and decorum. Any person in the audience who, while in attendance at any council meeting, uses profane language, or language tending to bring the council or any of its members into contempt, or any person who persistently interrupts the proceedings of the council or refuses to be seated or keep quiet when ordered to do so by the presiding officer, shall be deemed guilty of a misdemeanor. The sergeant-at-arms present shall place such person under arrest immediately, and prosecute him on behalf of the council under the provisions of this section.

(Code 1968, § 2-21)

If a quorum shall not be present at any meeting of the council and there is important business that should be transacted or disposed of without delay, any two members of the council may cause a written notice to be served personally upon the absent members by the sergeant-at-arms or any policeman requesting their immediate attendance, whereupon it shall be the duty of such absent members to attend the meeting at once unless prevented by sickness or death in their immediate family or hours of work.

(Code 1968, § 2-22)

The city clerk shall submit a copy of the minutes of each council meeting to each member of the city council in their agenda packets prior to the next regular council meeting. Thereafter the reading of such minutes by the city clerk at the following meeting may be dispensed with by a majority vote of the members present.

(Code 1968, § 2-23)

Robert's Rules of Order, current edition shall be used as a nonbinding guide for procedure not otherwise provided for in this Code.

(Code 1968, § 2-24; Ord. No. 1086, § 6, 8-17-93)

All actions, resolutions, motions, orders and ordinances considered by the city council require the affirmative votes of at least three councilmembers for approval or passage, unless a larger number of votes is otherwise required by law.

(Code 1968, § 2-24.1)

Whenever the city council votes on a matter and the result of that vote is a tie, then the matter upon which the members voted shall be continued to the next regular or special meeting wherein there is sufficient time to place the item on the agenda in compliance with applicable public notice requirements. If at the next applicable meeting the vote results in another tied vote, then the matter shall be deemed disapproved. However, in the case of any decision which would be deemed approved due to the passage of a deadline that would occur prior to the next applicable meeting, then this provision shall not apply, and the matter shall not be continued to the next applicable meeting.

(Code 1968, § 2-24.2)

As allowed in Government Code § 36516, each member of the council shall receive as salary the sum of $2,211.00 per month and in addition to this sum the mayor shall receive an additional $2,198.00 per month in accordance with Government Code § 36516.1, which shall be payable at the same time and in the same manner as the salaries are paid to other officers and employees of the city.

(Code 1968, § 2-25; Ord. No. 1571, § 1, 1-8-08; Ord. No. 1786, § 2, 12-11-18; Ord. No. 1884, § 2, 2-8-22; Ord. No. 1979, § 2, 1-13-26)

State Law reference— Compensation of councilmembers, Government Code § 36514 et seq.

Following any new and later estimate of population after 1966 made by the department of finance placing the city in a population group other than that set forth in section 2-39, the salary hereby payable to each member of the council shall be increased or decreased accordingly to equal the sum prescribed for that population group in Government Code § 36514; provided, however, that the salary as so increased or decreased shall become payable only on and after the date upon which one or more members of the council become eligible therefor by virtue of beginning a new term of office following the next succeeding general municipal election held in the city.

(Code 1968, § 2-26)

The salaries prescribed in this article are exclusive of any amounts payable to each member of the council as reimbursement for actual and necessary expenses incurred by him in the performance of official duties for the city.

(Code 1968, § 2-27)

(a) At-large election-mayor. Pursuant to California Government Code § 34886, the mayor shall be voted on at-large.

(b) City council districts established. Four city council districts are hereby established in the City of Fontana. The boundaries and identifying number of each district shall be as described on the council district map and made available to the public in the city clerk's office.

(c) Election of members of the city council by district.

(1) Following the effective date of the ordinance codified in this section and upon the commencement of "by district" elections in the order established in section (d) of this section 2-42, members of the city council shall be elected "by district" as defined in California Government Code § 34871 or any successor statute. Except for the mayor, a person shall not be eligible to be elected to be a member of the city council unless he or she is otherwise qualified as required by law and resided in the district, and both resided in the geographical area making up the district from which he or she is nominated to be elected and was a registered voter of the City of Fontana at the time nomination papers are issued to the candidate as provided for in the California Elections Code § 10227. It is the intent of the city council, in enacting this ordinance, that no term of any member of the city council that commences on or prior to the effective date of the ordinance codified in this section shall be affected prior to its expiration date.

(2) Registered voters signing nomination papers or voting for a member of the city council shall be residents of the geographical area making up the district from which the member is to be elected.

(3) The terms of the office of each member elected to the city council, including the mayor, shall remain four years.

(d) Commencement of district elections. It is the intent of the city council, in enacting this ordinance, that this section shall not affect any term of office in existence or commencing on or before the effective date of the ordinance codified in this section. Commencing with the general municipal election in November of 2018 and thereafter, the voters in districts one and four shall elect members of the city council by district and the mayor shall be elected at large for full four-year terms. At the general municipal election in 2020 and thereafter, the voters in districts two and three shall elect members of the city council by district for full four-year terms.

(e) Adjustment of boundaries.

(1) Pursuant to Elections Code § 21601, as it may be amended, the city council shall, by ordinance or resolution, adjust the boundaries of any or all of the districts following each decennial federal census. Using the census as a basis, the city council shall adjust the boundaries so that the districts shall be as nearly equal in population as practicable and in compliance with all applicable provisions of law. Any adjustment of district boundaries shall be made by ordinance or resolution, adopted by the city council before the first day of November of the year following the year in which each decennial federal census is taken. Prior to the public hearing approving the adjustment of the district boundaries, the city council shall hold at least one public hearing on the proposed district boundaries as required by Election Code § 21607.

(2) At the time of any annexation of territory to the city, the city council shall designate, by resolution adopted by a vote of at least a majority of the city council, the contiguous district to which the annexed territory shall be a part and shall amend the district boundaries if necessary in accordance with Election Code § 21603, as it may be amended.

(3) Pursuant to Elections Code § 21606, the term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which he or she was elected. At the first election for council following adjustment of the boundaries of the districts, a person meeting the requirements of Government Code § 34882 shall be elected to the city council for each district under the readjusted district plan that has the same district number as a district whose incumbent's term on the council is due to expire.

(f) Implementation. If necessary to facilitate the implementation of this section, the city clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The city clerk shall consult with the city manager and city attorney concerning any technical adjustments deemed necessary and shall advise the city council of any such adjustments required in the implementation of the districts.

(Ord. No. 1767, § 1, 9-12-17; Ord. No. 1894, § 2, 6-28-22)

(a) The following definitions apply to this section:

Electronic record has the same meaning as in California Civil Code § 1633.2.

Electronic signature has the same meaning as in California Civil Code § 1633.2.

Digital signature has the same meaning as in California Government Code § 16.5.

UETA means the Uniform Electronic Transactions Act, commencing at California Civil Code § 1633.1.

(b) In any transaction or communication with the city for which the parties have agreed to conduct the transaction or communication by electronic means, the following provisions apply:

(1) When a record is required to be in writing, an electronic record satisfies that requirement, if it is in accordance with the UETA.

(2) When a signature is required, the parties may agree that either:

a. An electronic signature satisfies that requirement, if it is in accordance with the UETA; or

b. A digital signature satisfies that requirement, if it is in accordance with California Government Code § 16.5.

(c) This section is intended to enable the city to use electronic records, electronic signatures, and digital signatures to the fullest extent allowed by law, and does not limit the city's ability to use electronic records, electronic signatures, or digital signatures in any way. All use of electronic records, electronic signatures, and digital signatures by the city shall be in accordance with city administrative policies and procedures, as may be designated and amended from time to time by the city manager or his or her designee.

(d) Any use of electronic records, electronic signatures, and digital signatures by the city that is not in accordance with this section and city administrative policies and procedures, or any unauthorized signing of any contract, record, or other document, shall render such contract, record, or other document invalid as not fully and properly executed by the city.

(e) Authority to sign or execute contracts, records, or other documents via electronic signatures or digital signatures may be delegated by the city manager or other city department heads to designated city staff members. The act of delegation of electronic signature authority by the city manager or other city department head must be memorialized in writing, including, but not limited to, memorandum, city form, e-mail, or delegation process recorded within electronic signature software.

(Ord. No. 1745, § 2, 7-26-16)

(a) This section 2-44 applies to any contract or agreement ("contract") imposing a financial liability or obligation upon the city, or subjecting the city to any form of equitable relief. No contract shall be effective unless authorized by vote of the city council or by this section.

(b) In accordance with California Government Code § 40602, the mayor shall execute all contracts made or entered into by the city, unless another city officer or employee is otherwise authorized to execute such contract pursuant to this code or ordinance adopted by the city council. The city manager is hereby authorized to sign the following types of contracts made or entered into by the city:

(1) Contracts for goods or services less than or equal to an amount established from time-to-time by resolution of the city council;

(2) Contracts approved by resolution or minute order of the city council;

(3) Settlement agreement contracts approved by the city council; and

(4) Contracts concerning the administrative business of the city which the city manager has direction and control over pursuant to:

a. His or her contract with the city;

b. This Code; or

c. An ordinance of the city council.

(c) All contracts executed by the mayor, city manager or other city council officer or employee of the city shall be attested to by the city clerk or deputy city clerk as required by state and federal law and city administrative policy.

(d) No person other than the mayor, the city manager or other person expressly authorized by this section or other provision of this Code may bind the city. Any purported contract not executed in conformity with this section or other provision of this Code is void and shall not be the subject of implied ratification or estoppel, unless expressly ratified by resolution duly adopted by the city council.

(Ord. No. 1462, § 2, 11-16-04; Ord. No. 1745, § 3, 7-26-16)