Los Alamitos Municipal Code Ch. 2.04 City Council

The regular meetings of the city council shall be held on the third Monday in each month to commence at the hour of six p.m. Study sessions shall be limited to public sessions of the city council, along with any other boards, commissions or public bodies if deemed necessary by the presiding officer, involving detailed discussions without final action of any kind by the city council and may be commenced at any time consistent with the notice requirements of the Ralph M. Brown Act and the notice and call therefor. Closed session matters, if any, shall commence at the hour of five p.m. or as soon thereafter as is deemed necessary by the presiding officer. Regular meetings shall be held in the council chamber of the City Hall, 3191 Katella Avenue, or in such other place within the city limits to which the meeting may be adjourned. When the day for any regular meeting falls on a legal holiday, no meeting shall be held on the holiday, but a regular meeting shall be held at the same hour on the following business day.

(Ord. 293 § 2, 1974; Ord. 321 § A, 1975; Ord. 598 § 1, 1996; Ord. 646 § 1, 2001; Ord. 678 § 1, 2004; Ord. 679 § 1, 2004; Ord. 12-02 § 1, 2012)

At the direction of the mayor or two members of the city council, the city clerk or city manager may call a special meeting at any time by delivering or by mailing written notice to each councilmember and to each newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail and shall be received at least 24 hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be disposed with as to any councilmember who at or prior to the time the meeting convenes files with the city clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any councilmember who is actually present at the meeting at the time it convenes. The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. (For special meetings see Government Code Section 54956; for emergency meetings see Government Code Section 54956.5.)

(Ord. 293 § 2, 1974; Ord. 419 § 1, 1981; Ord. 598 § 1, 1996; Ord. 12-03 § 1, 2012)

A. All regular and special meetings on the city council shall be public; provided, however, the city council may hold closed sessions during a regular meeting or special meeting, from which the public may be excluded, for the purpose of considering matters permitted by the laws of the state of California.

B. No member of the city council, employee of the city, or any other person present during closed session of the council shall disclose to any person the content or substance of any discussion which took place during the closed session unless the city council shall authorize the disclosure of such information by majority vote. No record or transcript of such closed session shall be made without approval of a majority of the city council. If such record or transcript is made it shall be kept in the confidential files of the office of the city attorney. (For closed sessions see Government Code Sections 54954.5 and 54956.7 through 54957.1.)

(Ord. 293 § 2, 1974; Ord. 598 § 1, 1996)

All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the council at a city council meeting shall be delivered to the city clerk prior to the deadline established by administrative policy. The city clerk shall prepare the agenda under the direction of the city manager. Any councilmember desiring to place an item on the agenda shall accordingly inform the city clerk and city manager and shall provide any documentation and information on the item prior to the agenda deadline. The agenda shall be made available to the councilmembers on the Friday preceding the Monday council meeting to which it pertains.

(Ord. 293 § 2, 1974; Ord. 419 § 1, 1981; Ord. 598 § 1, 1996)

Authority of city manager and city clerk. The city manager and city clerk are authorized to open and examine all mail or other written communications addressed to the city council and to give it immediate attention to the end that all administration business referred to in such communications and not necessarily requiring council action may be acted upon between council meetings.

(Ord. 293 § 2, 1974; Ord. 598 § 1, 1996)

The business of the council shall be taken up for consideration and disposition in accordance with policy resolutions which are from time to time adopted by the city council.

(Ord. 293 § 2, 1974; Ord. 598 § 1, 1996)

The city clerk shall have exclusive responsibility for preparation of the minutes, and any directions for change in the minutes shall be made only by majority action of the city council.

(Ord. 293 § 2, 1974; Ord. 419 § 3, 1981; Ord. 598 § 1, 1996; Ord. 632 § 1, 2000; Ord. 10-03 § 1, 2010)

Unless the reading of the minutes of a council meeting is ordered by a majority vote of the council, such minutes may be approved without reading if the city clerk has previously furnished each councilmember with a copy. No minutes shall be official until approved by the council.

(Ord. 293 § 2, 1974; Ord. 419 § 1, 1981; Ord. 598 § 1, 1996)

The mayor shall be the presiding officer at all meetings of the city council. In the absence of the mayor, the mayor pro tempore shall preside. In the absence of the mayor and mayor pro tempore, the city clerk shall call the council to order, whereupon a temporary presiding officer shall be elected by the councilmembers present to serve until the arrival of the mayor or the mayor pro tempore or until adjournment. Wherever in this chapter the term "mayor" is used, it shall apply equally to the presiding officer as defined in this section.

(Ord. 293 § 2, 1974; Ord. 419 § 1, 1981; Ord. 598 § 1, 1996)

A. Annually, at the first regularly scheduled city council meeting in December, the city council shall elect a member of the city council to serve as mayor. Immediately after the mayoral election, the newly elected mayor shall conduct a city council election to select a mayor pro tempore.

B. At any regular or regular adjourned meeting of the city council, and upon motion duly adopted by a majority of the entire council, as then constituted, the mayor or mayor pro tempore, or both, may be removed from that office and thereupon his, her or their successor(s) shall be elected by the members of the city council.

(Ord. 293 § 2, 1974; Ord. 419 § 4, 1981; Ord. 598 § 1, 1996)

A. Participation. The presiding officer may move, second, debate and vote from the chair.

B. Question to Be Stated. The presiding officer or such member of the city staff as he or she may designate shall verbally restate each question immediately prior to calling for the vote. Following the vote, the city clerk may announce whether the question carried or was defeated. The presiding officer in his or her discretion may publicly explain the effect of a vote for the audience, or he or she may direct a member of the city staff to do so, before proceeding to the next item of business.

C. Signing of Documents. The presiding officer shall sign all ordinances, resolutions, contracts and other documents necessitating his or her signature which were adopted in his or her presence, unless he or she is unavailable, in which case the signature of an alternate presiding officer may be used.

D. Sworn Testimony. The presiding officer may require any person addressing the city council to be sworn as a witness and to testify under oath, and the presiding officer shall so require if directed to do so by a majority vote of the council.

(Ord. 293 § 2, 1974; Ord. 598 § 1, 1996)

A. Getting the Floor. Every councilmember desiring to speak shall first address the chair, gain recognition by the presiding officer and shall confine him or herself to the question under debate, avoiding personalities and indecorous language.

B. Questions to Staff. Every councilmember desiring to question the city staff shall, after recognition by the presiding officer, address his or her questions to the city manager, the city clerk or the city attorney, who shall be entitled either to answer the inquiry or designate a member of the staff for that purpose.

C. Interruptions. A councilmember, once recognized, shall not be interrupted when speaking unless called to order by the presiding officer unless a point of order of business or personal privilege is raised by another councilmember. If a councilmember, while speaking, is called to order, he or she shall cease speaking until the question of order is determined and, if determined to be in order, he or she may proceed. Members of the city staff after recognition by the presiding officer shall hold the floor until completion of their remarks or until recognition is withdrawn by the presiding officer.

D. Points of Order. The presiding officer shall determine all points of order subject to the right of any councilmember to appeal to the council. If an appeal is taken, the question shall be: "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively determine such question of order.

E. Point of Personal Privilege. The right of a councilmember to address the council on a question of personal privilege shall be limited to cases in which his or her integrity, character or motives are questioned or where the welfare of the council is concerned. A councilmember raising a point of personal privilege may interrupt another councilmember who has the floor only if the presiding officer recognizes the privilege.

F. Limitation of Debate. No councilmember shall be allowed to speak more than once upon any particular subject until every other councilmember desiring to do so shall have spoken.

(Ord. 293 § 2, 1974; Ord. 419 § 1, 1981; Ord. 598 § 1, 1996)

A councilmember may request through the presiding officer the privilege of having an abstract of his or her statement on any subject under consideration by the council entered in the minutes. If the council consents thereto, such statement shall be entered in the minutes.

(Ord. 293 § 2, 1974; Ord. 419 § 1, 1981; Ord. 598 § 1, 1996)

Any councilmember shall have the right to have the reasons for his or her dissent from, or his or her protest against any action of the council entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons. . ."

(Ord. 293 § 2, 1974; Ord. 419 § 1, 1981; Ord. 598 § 1, 1996)

Except as provided in this code, the City Charter, other rules adopted by the city council, or applicable provisions of state law, the procedure of the council shall be governed by majority vote of the city council. Robert's Rules of Order may be used as a guide but shall not be conclusive authority on any question of order or procedure.

(Ord. 293 § 2, 1974; Ord. 598 § 1, 1996)

Rules adopted to expedite the transaction of the business of the council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the council or invalidate any action taken at a meeting that is otherwise held in conformity with laws.

(Ord. 293 § 2, 1974; Ord. 598 § 1, 1996)

A. Manner of Addressing Council. Each person desiring to address the council shall step up to the microphone in the front of the council chamber, is requested to state his or her name and address for the record, state the subject he or she wishes to discuss, state whom he or she is representing if he or she represents an organization or other persons, and, unless further time is granted by majority vote of the council, shall limit his or her remarks to three minutes at the time an agenda item is called and five minutes during oral communications. All remarks shall be addressed to the council as a whole and not to a member thereof. No question shall be asked of a councilmember or a member of the city staff without the permission of the presiding officer.

B. Spokesperson for Group of Persons. In order to expedite matters and to avoid repetitious presentations, whenever any 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 are to be presented by any other member of the group, to limit the number of such persons addressing the council.

C. After Motion. After motion has been made or a public hearing has been closed, no member of the public shall address the council from the audience on the matter under consideration without first securing permission to do so by a majority vote of the council.

(Ord. 293 § 2, 1974; Ord. 419 § 1, 1981; Ord. 598 § 1, 1996; Ord. 11-05 § 1, 2011)

A. Councilmembers. 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 presiding officer. Members of the council shall not leave their seats during a meeting without first obtaining the permission of the presiding officer.

B. Employees. Members of the city staff and employees shall observe the same rules of order and decorum as are applicable to the city council, with the exception that members of the city staff may leave their seats during a meeting without first obtaining the permission of the presiding officer.

C. Persons Addressing the Council. Any persons making impertinent, slanderous or profane remarks or who becomes boisterous while addressing the council shall be called to order by the presiding officer and, if such conduct continues, may at the discretion of the presiding officer be ordered barred from further audience before the council during that meeting.

D. Members of the Audience. Any person in the audience who engages in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling and similar demonstrations, which conduct disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the presiding officer shall be guilty of a misdemeanor, and upon instructions from the presiding officer, it shall be the duty of the sergeant at arms to remove any such person from the council chamber and to place him or her under arrest.

E. Persons Authorized at Council Dais. During a city council meeting no person, except members of the city council and the city staff, shall be permitted on, at or within five feet of the council dais without the prior consent of the presiding officer.

(Ord. 293 § 2, 1974; Ord. 598 § 1, 1996)

The chief of police, or such member or members of the police department as the chief may designate, shall be sergeant at arms of the city council and shall carry out all orders by the presiding officer for the purpose of maintaining order and decorum at the council meetings. Any councilmember may move to require the presiding officer to enforce the rules and the affirmative vote of a majority of the council shall require the sergeant at arms to do so.

(Ord. 293 § 2, 1974; Ord. 419 § 1, 1981; Ord. 598 § 1, 1996)

A motion by any member of the council, including the presiding officer, may not be considered by the council without receiving a second.

(Ord. 293 § 2, 1974; Ord. 598 § 1, 1996)

Any vote of the council including a roll call vote, may be registered by the members by answering "yes" or "aye" for an affirmative vote or "no" or "nay" for a negative vote upon his or her name being called by the city clerk, or by pressing a switch to cause a green light to show for an affirmative vote and a red light to show for a negative vote upon being called by the presiding officer. The result of any vote registered by means of a lighting system shall be audibly announced by the city clerk and recorded and in the minutes as the vote.

(Ord. 293 § 2, 1974; Ord. 598 § 1, 1996)

Any councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the presiding officer state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the councilmember affected, be decided by the other councilmembers. A councilmember who is disqualified by reason of a conflict of interest in any manner shall not remain seated during the debate and vote on such matter, but shall request and be given the permission of the presiding officer to step down from the council table and leave the council chamber. A councilmember stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

(Ord. 293 § 2, 1974; Ord. 419 § 1, 1981; Ord. 598 § 1, 1996)

Every councilmember should vote unless disqualified by reason of conflict of interest or bias/prejudice. A councilmember who abstains from voting without a disqualifying conflict of interest or bias/prejudice thereby consents that a majority of the quorum may decide the question voted upon.

(Ord. 293 § 2, 1974; Ord. 419 § 1, 1981; Ord. 598 § 1, 1996)

Tie votes shall be lost motions and may be reconsidered.

(Ord. 293 § 2, 1974; amended during 1994 codification; Ord. 598 § 1, 1996)

A member may change his or her vote prior to adjournment of meeting but not thereafter. A councilmember who publicly announces that he or she is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw the abstention.

(Ord. 293 § 2, 1974; Ord. 419 § 1, 1981; Ord. 598 § 1, 1996)

A motion to reconsider any action taken by the council may be made only on the day such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion may be made only by one of the councilmembers who voted with the prevailing side. Nothing herein shall be construed to prevent any councilmember from making or remaking the same or any other motion at a subsequent meeting of the council.

(Ord. 293 § 2, 1974; Ord. 419 § 1, 1981; Ord. 598 § 1, 1996)

A. All ordinances shall be approved by the city attorney, and no ordinances shall be prepared for presentation to the council unless ordered by a majority vote of the council, or requested by the mayor, or city manager, or prepared by the city attorney on his or her own initiative.

B. Prior to Approval by Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the council, have been approved as to form and legality by the city attorney and shall have been examined and approved for administration by the city manager or authorized representative.

(Ord. 293 § 2, 1974; Ord. 598 § 1, 1996)

At the time of the adoption of an ordinance, it shall be read in full unless, after reading of the title thereof, the further reading thereof is waived by unanimous consent of the councilmembers present. Such consent may be expressed by a statement by the presiding officer that "if there is no objection, the further reading of the ordinance or resolution shall be waived. If any councilmember so requests an ordinance or resolution shall be read in full."

(Ord. 293 § 2, 1974; Ord. 419 § 1, 1981; Ord. 598 § 1, 1996)