La Puente Municipal Code Ch. 2.04 City Council

Sections:

• 2.04.010 Council chambers.

• 2.04.020 Council meetings.

• 2.04.030 Presenting matters to the council.

• 2.04.040 Agendas.

• 2.04.050 Prompt assembly—Order of business—Unfinished business.

• 2.04.060 (Deleted by Ord. 06-843, 3/14/06)

• 2.04.070 Rules of order.

• 2.04.080 Minutes.

• 2.04.090 Organization of city council.

• 2.04.100 Appointing authority.

• 2.04.110 Compensation—Reimbursement of expenses.

• 2.04.120 Rules of decorum for meetings.

The room designated as the council chambers in the building located at 15900 East Main Street, La Puente, California, is the council chambers of the city council of the city, and all meetings of the city council will be held in those council chambers, unless otherwise specified in a notice of regular or special meeting.

(Ord. 767 § 1 (part), 1998)

(a) Regular meetings of the city council shall be held on the second and fourth Tuesday of each month, unless otherwise specified by resolution of the city council, which shall be adopted at a regular meeting. The city council shall not hold a meeting the fourth Tuesday in November or December. The city council shall establish the time for regular city council meetings by resolution, which shall be adopted at a regular meeting.

(b) All meetings of the city council will be open to the public except as otherwise provided by the Ralph M. Brown Act (Government Code Sections 54950, et seq.)

(c) Meetings of the city council must be adjourned no later than ten thirty p.m., unless an extension of that time of adjournment is approved by a majority vote of the city council for the purpose of considering items that are listed on the agenda, or to consider items that have been added to the agenda in accordance with the provisions of the Ralph M. Brown Act (Government Code Sections 54950, et seq.), as approved by a majority vote of the members of the city council.

(Ord. 943 § 2, 2016; Ord. 931 § 1, 2014: Ord. 923 § 2, 2012: Ord. 06-843 § 1, 2006: Ord. 767 § 1 (part), 1998)

Every official, board, commission, or other body connected with the government of the city that desires to present any report, communication, or other matter for inclusion in the agenda for a city council meeting must notify the city clerk of that fact before noon on the eighth day (Saturday and Sunday included) preceding the day of the next city council meeting. Upon receipt of that notification, which may be oral or written, the city clerk will include that item of business, along with all other items of business, under the appropriate heading in the city council agenda, as described in Section 2.04.040 below. Matters that are deemed by the city council to be of an emergency nature are exempt from the provisions of this section and may be added to the agenda in accordance with applicable provisions of the Ralph M. Brown Act.

(Ord. 774 § 1, 1999: Ord. 767 § 1 (part), 1998)

The city clerk will prepare an agenda for each city council meeting that sets forth under appropriate headings a brief general description of each item of business to be transacted or discussed at the meeting. The agenda must specify the time, date and location of the meeting. The agenda will be distributed to the members of the city council and will be made available to the public on the Wednesday preceding the day of the next city council meeting. In accordance with the provisions of the Ralph M. Brown Act, a copy of the agenda must be posted at least seventy-two hours before the meeting at a location designated by the city council that is freely accessible to members of the public.

(Ord. 767 § 1 (part), 1998)

(a) Promptly at seven p.m. on the night of each regular meeting, the members of the city council, city manager, city attorney, city clerk, and other officers will assemble in the council chambers, and the business of the meeting will be conducted according to the order of business as listed on the agenda, which shall include, but not be limited to: roll call, flag salute, presentations, oral communications, approval of minutes of previous meeting, public hearings, unfinished business, consent calendar, new business, committee reports, oral comments from council, al comments from staff, and which may or may not be in the order presented herein.

(b) If the consideration of any matter is not completed at a meeting of the city council prior to adjournment, and that matter is not continued to a specific date, then it will be listed under "unfinished business" on the agenda for the next regular meeting of the city council.

(Ord. 06-843 § 2, 2006: Ord. 767 § 1 (part), 1998)

Ordinances listed under the agenda heading of “new business” may be introduced. Ordinances previously introduced and ready for adoption will be considered under the agenda heading of “unfinished business.” Except when, after reading the title, further reading is waived by a regular motion adopted by a majority vote of the city council, all ordinances will be read in full either at the time of introduction or passage.

(Ord. 767 § 1 (part), 1998)

(a) All matters of parliamentary procedure that are not provided for in this Chapter 2.04, or in the California Government Code, will be governed by Robert’s Rules of Order, latest revised edition; provided, however, that no ordinance, resolution, motion, proceeding, or other action of the city council will be invalidated, or its legality otherwise affected, by any failure to observe or to follow those rules of order.

(b) Robert’s Rules of Order, latest revised edition, will also be applicable to meetings of other city commissions, committees and agencies, including the planning commission and the La Puente redevelopment agency.

(Ord. 767 § 1 (part), 1998)

(a) The city clerk will prepare a record of all public meetings of the city council. Following their approval by the city council, the official minutes will be made available to the public for inspection and will be entered in the official minute book of city council proceedings.

(b) This section is applicable to minutes of meetings of the La Puente redevelopment agency, the planning commission, and to all other permanent city commissions or committees, which minutes are to be taken by a deputy city clerk or by another designated employee of the city.

(Ord. 06-843 §§ 4, 5, 2006: Ord. 767 § 1 (part), 1998)

(a) At the meeting at which the declaration of the election results are made, the city council will meet and will elect one of its members as mayor and another of its members as mayor pro tem.

(b) Each year in which a general municipal election is not held, the city council will be reorganized by the election of a mayor and a mayor pro tem from among its members. This reorganization of the city council will take place during the first regular meeting of the city council in the month of December.

(Ord. 17-949 § 2, 2018; Ord. 941 § 4, 2016; Ord. 10-894 § 1, 2010; Ord. 09-982 § 4, 2009; Ord. 06-843 § 6, 2006: Ord. 829 3 (part), 2004: Ord. 767 § 1 (part), 1998)

The city council is the appointing authority for the city manager, the city attorney, and the city treasurer. Thus, the city council shall appoint and remove each of the officers and employees of the city that are listed in this Section 2.04.100. All other employees of the city will be appointed by the city manager.

(Ord. 834 § 1, 2004; Ord. 810 § 1, 2002; Ord. 767 § 1 (part), 1998)

(a) Members of the city council will each be compensated for their services in the sum of five hundred thirty-six dollars per month, which compensation will be a charge against the city and payable in the same manner as salaries are paid to other officers and employees of the city. The compensation payable to members of the city council may be adjusted in accordance with the provisions of Government Code Section 36516.

(b) The compensation set forth above in subsection (a) of this section is exclusive of any amounts payable to members of the city council as reimbursement for actual and necessary expenses incurred in the performance of official duties on behalf of the city. Procedures for such reimbursement may be specified by resolution adopted by the city council.

(Ord. 767 § 1 (part), 1998)

(a) Decorum. Meetings of the city council must be conducted in an orderly manner to ensure that the public has an opportunity to be heard and that the council’s deliberative process is not disrupted. The presiding officer of the council, whether the mayor, mayor pro tem or, in their absence, another member so designated by the council, is responsible for maintaining the order and decorum of meetings.

(b) Rules of Decorum. While any meeting of the city council is in session the following rules of order and decorum must be observed:

(1) Persons Addressing the Council. Public oral communications at city council meetings should not be a substitute for addressing any item that can be handled during the city’s normal business hours. The primary purpose of oral communications is to allow citizens the opportunity to formally comment to the city council, as a body, on matters that are within the subject matter jurisdiction of the city council and that cannot be handled during the regular business hours of the city government.

A person wishing to address the council during the period set aside for oral communications must submit a request on a form provided by the city clerk; these requests may be submitted at any time before or during the portion of the meeting that is devoted to oral communications; provided, however, that these requests must be submitted prior to the conclusion of the first speaker’s remarks. Speakers shall be heard by the city council in the order that the request forms are submitted to the city clerk; provided, however, that the city council, by motion, may approve a request by a speaker to be heard at the beginning of oral communications.

Each person who addresses the council must do so in an orderly manner and must not make personal, impertinent, slanderous, or profane remarks to any member of the council, staff, or general public. Any person who makes such remarks, or who utters loud, threatening, personal, or abusive language, or who engages in any other disorderly conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of any council meeting will, at the discretion of the presiding officer or a majority of the council, be barred from further audience before the council during that meeting.

(2) Members of the Audience. No person in the audience at a council meeting may engage in disorderly or boisterous conduct, including the utterance of loud, threatening, or abusive language, whistling, stamping of feet or other acts that disturb, disrupt, or otherwise impede the orderly conduct of the council meeting. Any person who behaves in this manner may, at the discretion of the presiding officer or a majority of the council, be barred from further audience before the council during that meeting.

(c) Addressing the Council. No person may address the council without first being recognized by the presiding officer. The following procedures must be observed by persons addressing the council:

(1) Each person will step up to the podium provided for the use of the public and state his or her name and the organization, if any, that he or she represents.

(2) Any subject that is deemed by the council to be irrelevant may be precluded.

(3) With regard to items that are listed on the council agenda, the remarks of the speaker must be confined to the subject that is being discussed.

(4) The remarks of each person must be limited to a combined total of three minutes unless additional time is granted by the presiding officer of the council, in conjunction with oral communication presented by that person to the council and La Puente Successor Agency oral communication.

(5) The council may either increase or decrease the total allotted time set forth in subsection (4) by resolution.

(6) All remarks must be addressed to the presiding officer and not to any single member of the council unless in response to a question from that member.

(d) Rules of Debate and Decorum among Councilmembers. The following rules apply to all councilmembers at meetings:

(1) By Councilmembers. While the council is in session, the members must preserve order and decorum, and a member must not, by conversation or otherwise, delay or interrupt the proceedings of the council, nor disturb any member while speaking, nor refuse to obey the orders of the council or its presiding officer, except as otherwise provided in this section.

(2) Getting the Floor—Improper References to be Avoided. Every member desiring to speak must address the chair and, upon recognition by the presiding officer, must confine all remarks to the question under debate.

(3) Interruptions. Once recognized, a member must not be interrupted when speaking unless it is to call that member to order, or as otherwise provided in this section. If a member is called to order while speaking, that member must cease speaking until the question of order is determined and, if in order, the member will be permitted to proceed.

(4) Appeals. Any ruling of the mayor may be appealed at the request of a councilmember. The mayor must call for a roll call vote to determine whether the council concurs with the ruling.

(5) Motion to Reconsider. A motion to reconsider any action taken by the council may be made only on the same day that such action was taken. It may be made immediately during the same session or at a recessed or adjourned session. The motion must be made by one on the prevailing side, but it may be seconded by any member. It may be made at any time, it has precedence over all other motions, and it is debatable.

(6) Precedence of Motions. When a motion is pending before the council, no additional motion may be entertained except:

(A) Motion to Amend. This motion is debatable only as it relates to the amendment. Amendments are voted on first, and the vote on the main motion is last. A motion may be amended more than once with each amendment being voted on separately. There may be only one amending motion on the floor at any one time. A new main motion is in order if the intent of the original motion is changed fundamentally.

(B) Motion to Postpone. A motion to postpone indefinitely is debatable. If this motion is adopted, the principal question is lost. A motion to postpone to a definite time is subject to debate and amendment as it relates to the propriety of the postponement and the time that is set to consider the matter.

(C) Motion to Table. This motion is not debatable and not subject to amendment. The purpose of a motion to table is to suspend consideration of an item until such time as it is removed from the table. If a motion to table is adopted, the item will remain tabled through all subsequent meetings of the city council. An item that has been tabled may be removed from the table only by the affirmative vote of a majority of the members of the city council.

(7) Effect of Abstention. Unless an abstention from a vote is declared, a councilmember’s silence will be recorded as an affirmative vote. An abstention is not counted as either an affirmative or a negative vote, but it is counted for purposes of a quorum, unless the abstention is due to a conflict of interest.

(8) Time Limits on Debate. Discussion by any councilmember who makes a motion will be limited to five minutes of debate at the time of making the motion and an additional five minutes after debate by all other councilmembers has been completed. Each councilmember not making a motion is limited to five minutes’ debate on that motion. The time limits delineated in this subsection may not be divided or allocated so as to permit any councilmember to speak more than once on a particular matter.

(9) Removal of Items from the Consent Calendar. One or more items may be removed from the consent calendar so that those items may be considered individually by the city council, if a motion to remove the item or items is approved by the affirmative vote of a majority of the members of the city council.

(e) Enforcement of Decorum. The rules of decorum set forth above will be enforced in the following manner:

(1) Warning. The presiding officer may request that a person who is breaching the rules of decorum be orderly and silent. After receiving a warning from the presiding officer, if a person persists in disturbing the meeting, the presiding officer may order that person to leave the council meeting. If that person does not leave, then the presiding officer may order any law enforcement officer who is on duty at the meeting as sergeant-at-arms to remove that person from the council chambers.

(2) Removal. Any law enforcement officer who is serving as sergeant-at-arms at the council meeting must carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meeting. Upon direction from the presiding officer, it is the duty of the sergeant-at-arms to remove from the council meeting any person who is disturbing the proceedings of the council.

(3) Resisting Removal. Any person who resists removal by the sergeant-at-arms may be charged with a violation of this section.

(4) Penalty. Any person who violates any provision of this section will, pursuant to Section 1.08.040 of this code, be guilty of a misdemeanor.

(5) Motion to Enforce. If the presiding officer of the council fails to enforce the rules set forth above, any member of the council may move to require such enforcement, and an affirmative vote of a majority of the council will require that action. If the presiding officer of the council fails to carry out the will of a majority of the council, the majority may designate another member of the council to act as presiding officer for the limited purpose of enforcing any rule of this section that it wishes enforced.

(6) Adjournment. If a meeting of the council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the meeting may be adjourned or continued by the presiding officer or by a majority of the council, and any remaining council business may be considered at the next meeting.

(Ord. 22-978 § 2, 2022: Ord. 06-843 § 7, 2006: Ord. 772 § 1, 1998: Ord. 767 § 1 (part), 1998)

Section 2.04.120 of this chapter is applicable to meetings of other city agencies, commissions and committees including, without limitation, the planning commission and the La Puente redevelopment agency. In such circumstances, the references in Section 2.04.120 to the city council will be deemed to refer to the applicable city agency, commission or committee, and the references to the mayor or the mayor pro tem will be to the chairperson or vice chairperson of the committee, commission or agency.

(Ord. 767 § 1 (part), 1998)

The following public places in the city are designated as the locations where ordinances, resolutions and notices of the city may be posted when authorized or required by statute:

(a) La Puente City Hall

15900 East Main Street

La Puente, California

(b) La Puente Community Center

501 North Glendora Avenue

La Puente, California

(c) Los Angeles County Library

15902 East Central

La Puente, California

(Ord. 767 § 1 (part), 1998)