Irvine Municipal Code Ch. 3 Rules of Order

All meetings of the City Council shall be noticed via posting of the agenda in accordance with the notice and agenda requirements set forth in (Division 15 of this Title 1). Except as provided in Section 1-15-107 and/or as otherwise provided in Government Code § 54954.2, no action shall be taken on matters not appearing on the posted agenda.

(Code 1976, § I.B-301; Ord. No. 140, § 4, 6-10-75; Ord. No. 18-10, § 3, 11-13-18; Ord. No. 22-02, § 3, 4-12-22)

Promptly at the hour set by law on the day of each regular meeting the members of the City Council, the City Manager, the City Clerk and the City Attorney shall take their regular stations in the Council chambers and the business of the Council shall be taken up for consideration and disposition in the order established by resolution of the City Council.

(Code 1976, § I.B-302; Ord. No. 140, § 5, 6-10-75)

The Mayor, or in the Mayor's absence the Vice Mayor, shall be the presiding officer, and shall assume the place and duties of such office immediately following election. The Mayor shall preserve strict order and decorum at all meetings of the Council, state questions coming before the Council, announce its decision on all subjects and decide all questions of order, subject, however, to an appeal to the Council as a whole, in which event a majority vote of the Council members present shall govern and conclusively determine such question of order. The Mayor shall vote on all questions, and on roll call his or her name shall be called last. The seating arrangement for the City Council shall be determined by the Mayor, unless such determination is overturned by a majority vote of the City Council.

(Code 1976, § I.B-303; Ord. No. 169, § 3, 6-22-76; Ord. No. 20-02, § 4, 2-11-20)

The Mayor shall sign all ordinances and resolutions adopted and contracts approved by the Council at meetings at which the Mayor is in attendance. In the event of the Mayor's absence, the Vice Mayor shall sign such documents as having been adopted and approved during the meeting at which the Vice Mayor presided.

(Code 1976, § I.B-304; Ord. No. 140, § 7, 6-10-75; Ord. No. 169, § 4, 6-22-76; Ord. No. 20-02, § 4, 2-11-20)

The Mayor, or in the Mayor's absence the Vice Mayor, shall take the chair at the hour appointed for the meeting, and shall call the Council to order. In the absence of the Mayor and the Vice Mayor, the Interim Mayor shall take the chair at the hour appointed for the meeting and shall call the Council to order. Upon the arrival of the Mayor or the Vice Mayor, the Interim Mayor shall relinquish the chair at the conclusion of the business then before the Council.

(Code 1976, § I.B-305; Ord. No. 140, § 8, 6-10-75; Ord. No. 169, § 5, 6-22-76; Ord. No. 20-02, § 4, 2-11-20)

Before proceeding with the business of the Council, the City Clerk shall call the roll of the Council members, and the names of those present shall be entered in the minutes.

(Code 1976, § I.B-306; Ord. No. 140, § 9, 6-10-75)

A majority of the Council constitutes a quorum for the transaction of business. When there is no quorum, the Mayor, the Vice Mayor, the Interim Mayor, or any member of the Council, shall adjourn such meeting; or if no member of the Council is present, the City Clerk shall adjourn the meeting.

(Code 1976, § I.B-307; Ord. No. 140, § 10, 6-10-75; Ord. No. 169, § 6, 6-22-76; Ord. No. 20-02, § 4, 2-11-20)

The minutes of the City Council shall be kept by the City Clerk with a record of each particular type of business transacted set off in paragraphs, with proper subheadings; provided that the City Clerk shall be required to make a record only of such business as was actually passed by a vote of the Council, and shall not be required to record any remarks of a member of the Council, or of any other person, except at the special request of a member of the Council (Section 1-2-311(E) is applicable); provided, further, that a record shall be made of the names of persons addressing the Council, the title of the subject matter to which the remarks related, and whether they spoke in support of or in opposition to such matter. Such minutes shall meet the minimum standards set forth in Chapter 2 of Division 2 of this Title, Section 1-15-108(B) (Minutes and Recordings).

(Code 1976, § I.B-308; Ord. No. 140, § 11, 6-10-75; Ord. No. 04-07, § 1, 8-24-04; Ord. No. 18-10, § 3, 11-13-18; Ord. No. 22-02, § 3, 4-12-22)

Unless the reading of the minutes of a Council meeting is requested by a member of the Council such minutes may be approved without reading if the City Clerk previously has furnished each member of the Council with a copy thereof. Nothing may be added to the minutes except that they may be amended by a majority vote of the Council members to reflect correctly the business of the Council at such meeting.

(Code 1976, § I.B-309; Ord. No. 140, § 12, 6-10-75)

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 members of the Council, and shall not be deprived of any of the rights and privileges of a member of the Council by reason of acting as the presiding officer.

B. Getting the floor; improper references to be avoided. Every member of the Council desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine their remarks to the question under debate, avoiding all personalties and indecorous language.

C. Interruptions. A member of the Council once recognized shall not be interrupted when speaking unless it be a call to order, or as herein otherwise provided. A member of the Council called to order shall cease speaking until the question of order be determined, and if in order, shall be permitted to proceed.

D. Motion to reconsider. A motion to reconsider any action taken by the Council may be made only on the day such action was taken. Such motion must be made by one of the prevailing side, but may be seconded by any member of the Council and may be made at any time and have precedence over all other motions. It shall be debatable. Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or other motion at a subsequent meeting of the Council.

E. When remarks of Council entered in minutes. A member of the Council shall have the right, upon request to the presiding officer, to have an abstract of his or her statement on any subject under consideration by the Council entered in the minutes. Such an abstract shall contain the statement of each other Council member who addresses the subject at that time.

F. When synopsis of debate entered in minutes. The City Clerk may be directed by the presiding officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any subject under consideration by the Council.

G. Disqualification and abstention. Except as otherwise provided by law, no member of the City Council shall be permitted to abstain from voting unless such disqualification shall have been approved by the City Attorney or by unanimous vote of the remainder of the Council present. Unapproved disqualifications and abstentions shall be recorded by the City Clerk as an affirmative vote.

H. Tied votes deemed denial. All tied votes shall be deemed to be denials.

I. Silence constitutes affirmative vote. Unless a member of the Council has been permitted to and abstains from voting or is otherwise prohibited by law from voting, pursuant to Subsection G hereof, such member's silence shall be recorded as an affirmative vote.

J. Rules of order. Except as otherwise provided in this chapter, Robert's Rules of Order, Newly Revised shall govern the conduct of the meetings of the Council. However, no ordinance, resolution, proceeding or other action of the City Council shall be invalidated, or the legality thereof, otherwise affected, by the failure or omission to observe or follow said rules.

(Code 1976, § I.B-310; Ord. No. 140, § 13, 6-10-75)

A. Securing permission, right to address Council. Any person desiring to address the City Council shall first secure the permission of the presiding officer so to do; 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:

1. Staff reports. Interested parties or their authorized representatives may address the Council with regard to written communications referred to in the report of the City Manager or any department head.

2. Public hearings. Interested persons or their authorized representatives may address the Council in regard to matters then under consideration.

3. Oral communications. Taxpayers or residents of the City, or their authorized representatives, may address the Council by oral communication on any matter concerning the City's business, or any matter over which the Council has control

B. Manner of addressing of Council; time limit, spokesperson for group. Each person addressing the Council on agendized items and non-agendized items that are within the subject matter jurisdiction of the City shall step up to the microphone in front of the rail and limit his or her comments to the time specified in an adopted City Council policy or procedure. No person, other than a member of the Council, and the person having the floor, shall be permitted to enter into any discussion without the permission of the presiding officer.

Whenever a group of persons wishes to address the 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 Council and, in case additional matters that have been presented at the time by any other member of said group, to limit the numbers of persons addressing the Council, so as to avoid unnecessary repetition before the Council.

C. Addressing the Council after close of public hearing. After a public hearing has been closed and before action is taken by the Council, no person shall address the Council without first securing the permission of the presiding officer so to do.

(Code 1976, § I.B-311; Ord. No. 140, § 14, 6-10-75; Ord. No. 02-02, § 1, 2-12-02; Ord. No. 22-02, § 3, 4-12-22)

A. 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 or disturb any member while speaking or refuse to obey the orders of the Council or the presiding officer, except as otherwise herein provided.

B. By other persons. The primary purpose of oral communications is to allow citizens the opportunity to formally communicate with the City Council as a whole, for matters that cannot be handled during the regular working hours of the City government. Each person who addresses the City Council shall do so in an orderly manner and shall not make personal, impertinent, slanderous or profane remarks to any member of the City Council, staff or general public. Any person who makes such remarks, or who utters loud, threatening, personal or abusive language, or engages in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting shall, at the discretion of the presiding officer or a majority of the City Council, be barred from further addressing the City Council at the meeting. If such conduct thereafter continues so as to disrupt the orderly conduct of the public's business, the Mayor shall order the person removed from the City Council chambers. Aggravated cases may be prosecuted on appropriate complaint signed by the Mayor, a member of the City Council or any other authorized City representative. The members of Council may, pursuant to Government Code § 54957.9, order the meeting room cleared and continue with the session when the orderly conduct of the meeting becomes unfeasible and order cannot be restored.

(Code 1976, § I.B-312; Ord. No. 140, § 15, 6-10-75; Ord. No. 22-02, § 3, 4-12-22)

A. Preparation of ordinances. All ordinances adopted by the City Council shall be prepared by the City Attorney. No ordinance shall be prepared by the City Attorney for presentation to the Council unless ordered by a majority vote of the Council, or the City Manager, or initiated or prepared by the City Attorney. Nothing herein, however, shall prohibit a member of the Council from presenting an ordinance to the Council for consideration.

B. Prior approval by administrative staff. All ordinances, resolutions and contract documents, before presentation to the Council, shall have been approved as to form and legality by the City Attorney or his or her authorized representative where there are substantive matters of administration involved.

C. Introduction. Ordinances, resolutions and other matters or subjects requiring action by the City 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 or other matters or subjects to the Council, and any member of the Council may assume sponsorship thereof by moving that such ordinances, resolutions or other matters or subjects be adopted; otherwise, they shall be considered.

(Code 1976, § I.B-313; Ord. No. 140, § 16, 6-10-75; Ord. No. 169, § 7, 6-22-76; Ord. No. 234, § 1, 2-27-79)

A roll call vote shall be taken upon the passage of all ordinances, resolutions and orders for the payment of money, and entered in the minutes of the proceedings of the Council. Upon request of any Council member, a roll call vote shall be taken and recorded on any vote. Whenever a recorded or roll call vote of the Council is in order, the City Clerk shall call the names of the members in alphabetical order, except that the name of the presiding officer shall be called last.

(Code 1976, § I.B-314; Ord. No. 140, § 17, 6-10-75)

The City Council will not consider or act upon matters of a nonmunicipal nature, such as political endorsements, measures submitted to voters and bond issue or tax overrides of other agencies. While individual members of the Council may take public positions concerning nonmunicipal affairs, they shall not do so during or as part of any City meeting or official function.

(Code 1976, § I.B-315; Ord. No. 140, § 18, 6-10-75)

A motion to adjourn always shall be in order, and shall be decided without debate.

(Code 1976, § I.B-316; Ord. No. 140, § 19, 6-10-75)