Yorba Linda Municipal Code Ch. 2.04 City Council

A. The Mayor, or in his or her absence, the Mayor Pro Tempore, shall be the presiding officer, and he or she shall assume his or her place and duties as such immediately following his or her election. He shall preserve strict order and decorum at all meetings of the City Council, state questions coming before the City Council, announce its decision on all subjects and decide all questions of order; subject, however, to an appeal to the City Council as a whole, in which event a majority vote of the City Council members present shall govern and conclusively determine such questions of order. He shall vote on all questions, and on roll call his or her name shall be called last.

B. The Mayor shall sign all ordinances and resolutions adopted and contracts approved by the City Council at meetings at which he or she is in attendance. In the event of his or her absence, the Mayor Pro Tempore shall sign such documents as have been adopted and approved during the meeting at which he or she presided.

(Prior code § 2-11)

A. This section is enacted pursuant to Section 36516 of the Government Code of the State, authorizing the City Council to provide by ordinance that each member of the City Council shall receive a prescribed salary, the amount of which is based upon the population of the City as determined by estimates made by the State Department of Finance.

B. Each member of the City Council shall receive as salary the sum of $400.00 per month through November, 1992. From and after November, 1992, each member of the City Council shall receive as salary the sum of $500.00 per month. The salary shall be payable in the same manner as the salaries are paid to other officers and employees of the City.

C. The salaries prescribed in this section are and shall be exclusive of any amounts payable to each member of the City Council as reimbursed for actual and necessary expenses incurred by him in the performance of official duties for the City.

(Prior code § 2-2; Ord. 91-685 § 1, 1991)

A person is ineligible to hold office as a member of the City Council if that person has served in the office for three full terms.

For the purpose of term limitation, a person who was appointed to a vacant office for an unexpired term of more than one-half the original term shall be deemed to have served a full term.

For the purpose of term limitation, all offices of member of the City Council elected at large shall be considered as one office.

This section shall apply prospectively to terms of office beginning after the effective date of the ordinance codified in this section.

(Ord. 96-781 §§ 1—4, 1996, effective December 13, 1996)

All meetings of the City Council shall be open to the public, except "closed sessions" as allowed by law. Such closed sessions may be held only during the course of a duly called meeting.

(Prior code § 2-7)

Regular meetings of the City Council shall be held on the first and third Tuesday of each month and shall convene at the hour as established by resolution of the City Council. When the day for any regular meeting of the City Council falls on a legal holiday, no meeting shall be held on such holiday, but the meeting shall be held at the same hour on the next succeeding day which is not a holiday. The City Council meeting scheduled on the first Tuesday in September will not be held due to the Labor Day holiday. From time to time, due to scheduling conflicts, the City Council may agendize for consideration and approve by minute order the cancellation of a regularly scheduled City Council meeting. Such cancellations must be approved at least thirty days prior to the date of the meeting to be cancelled.

(Prior code § 2-3; Ord. 2002-836, § 1, 2002; Ord. 2011-963, § 1, 2011)

All regular meetings of the City Council shall be held in the Council Chambers of the Yorba Linda City Hall located at 4845 Casa Loma Avenue, Yorba Linda, California.

(Prior code § 2-4)

Notwithstanding the provisions of Sections 2.04.040 and 2.04.050, any regular meeting of the City Council may be adjourned to another time, date and place certain within the City.

(Prior code § 2-5)

Special meetings of the City Council may be called by the Mayor or a majority of the members of the City Council on 24 hours' notice, pursuant to Section 54956 of the Government Code of the State. Only matters contained in such notice may be considered, and only urgency ordinances may be adopted.

(Prior code § 2-6)

A. All reports, ordinances, resolutions, contract documents or other matters to be submitted to the City Council at their regular meetings shall be delivered to the City Clerk not later than noon on the preceding Wednesday.

B. The City Clerk shall prepare the agenda of all such matters according to the order of business and deliver or mail a complete copy of the agenda to each Councilmember and each department head as soon as possible, but in any event, no later than the Saturday preceding the Council meeting.

C. Copies of the prepared agenda shall be made available to the members of the public attending the regular meeting by placing the same near the entrance to the place of meeting.

D. No matters other than those on the agenda shall be acted upon finally by the City Council; provided, that matters deemed to be emergencies or of an urgent nature by any Councilmember or the City Clerk, the City Attorney or City Manager, with an explanation of the emergency or urgency stated in open Council meeting, may be considered and acted upon by the City Council if all of the Councilmembers present consent to placing the matter on the agenda.

(Prior code § 2-8)

A. Preparation of Ordinances. All ordinances shall be prepared by the City Attorney. No ordinance shall be prepared for presentation to the City Council unless ordered by a majority vote of the City Council or requested in writing by a member of the City Council or the City Manager, or prepared by the City Attorney on his or her own initiative.

B. Prior Approval by Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the City Council, 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. Ordinances, Resolutions and Other Matters or Subjects. Ordinances, resolutions and other matters or subjects requiring action by the City Council shall be introduced and sponsored by a member of the City Council; except, that the Mayor, City Manager or City Attorney may present ordinances, resolutions and other matters or subjects to the City Council, and any Councilmember may assume sponsorship thereof by moving that such ordinances, resolutions or other matters or subjects may be adopted; otherwise, they shall not be considered.

(Prior code § 2-9)

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

(Prior code § 2-10)

The Mayor, or in his or her absence, the Mayor Pro Tempore, shall call the City Council to order. In the absence of the Mayor and the Mayor Pro Tempore, the City Clerk or his or her assistant shall call the Council to order, whereupon a temporary chairman shall be elected by the Councilmen present. Upon the arrival of the Mayor or the Mayor Pro Tempore, the temporary chairman shall relinquish the chair at the conclusion of the business then before the City Council.

(Prior code § 2-12)

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

(Prior code § 2-13)

A majority of the City Council constitutes a quorum for the transaction of business. When there is no quorum, the Mayor, Mayor Pro Tempore or any Councilmember shall adjourn the meeting, or if no Councilmember is present, the City Clerk shall adjourn the meeting.

(Prior code § 2-14)

A. The minutes of the City Council shall be kept by the City Clerk and shall be neatly typewritten in a book kept for that purpose, with a record of each particular type of business transacted set off in paragraphs, with proper subheads; provided, that the City Clerk shall be required to make a record only of the business as was actually passed by a vote of the City Council, and shall not be required to record any remarks of Councilmen or of any other person, except at the special request of a Councilmember; provided further, that a record shall be made of the names and addresses of persons addressing the City Council, the title of the subject matter to which the remarks are related, and whether they spoke in support of or in opposition to the matter.

B. As soon as possible after each City Council meeting, the City Clerk shall cause a copy of the minutes thereof to be forwarded to each Councilmember, the City Manager, the City Attorney and the department heads.

(Prior code § 2-15)

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

(Prior code § 2-16)

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 Councilmen, and shall not be deprived of any of the rights and privileges of a Councilmember by reason of his or her 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 himself to the question under debate, avoiding all personalities and indecorous language.

C. Interruptions. A Councilmember, once recognized, shall not be interrupted when speaking unless it is to call him to order or as herein otherwise 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. Motion to Reconsider. Motion to reconsider any action taken by the City Council may be made only on the day the action was taken. The motion must be made by one of the prevailing side, but may be seconded by any Councilmember and may be made at any time and shall have precedence over all other motions, or while a Councilmember has the floor. It shall be debatable. Nothing herein shall be construed to prevent any Councilmember from making or remaking the same or other motion at a subsequent meeting of the City Council.

E. Disqualification and Abstention. No City Councilmember shall be permitted to disqualify himself and abstain from voting unless the disqualification shall have been approved by the City Attorney or by unanimous vote of the remainder of the City Council present. Unapproved disqualifications and abstentions shall be counted by the City Clerk as an affirmative vote.

F. Tied Votes Deemed Denial. All tie votes shall be deemed to be denials.

G. Silence Constitutes Affirmative Vote. Unless a councilmember states that he or she is not voting, his or her silence shall be recorded as an affirmative vote.

H. Rules of Order. Except as otherwise provided in this chapter, the latest edition of "Robert's Rules of Order, Revised" shall govern the conduct of the meetings of the City 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 such rules.

(Prior code § 2-17)

A. Securing Permission to Address Council. Any person desiring to address the City Council shall first secure the permission of the presiding officer.

1. Staff Reports. Members of the public may address the City Council with regard to written communications contained in reports submitted to the City Council by the City Manager or any department head.

2. Public Hearings. Members of the public may address the City Council in regard to matters under consideration during public hearings.

3. Oral Communications. Members of the public may address the City Council by oral communications on any matter concerning the City's business, or any matter over which the City Council has jurisdiction; provided that preference shall be given to those persons who have notified the City Clerk of their desire to speak in order that the same may appear in the official record of the City Council meeting.

B. Manner of Addressing Council; Time Limit; Spokesman for Group. Each person addressing the City Council shall step up to the microphone or podium provided for members of the public, shall identify himself or herself and shall limit his or her address to five minutes. The time limit of five minutes for members of the public to address the Council may be amended only by the express consent of the majority of the Council, even where case law or other City policy may otherwise permit an amended time limit. All remarks shall be addressed to the City Council as a body and not to any individual Council Member.

1. Whenever a 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 spokesman 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 the group, to limit the number of persons addressing the City Council, so as to avoid unnecessary repetitions before the City Council.

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

(Prior code § 2-18; Ord. 2008-917, § 1, 2008)

A. By Councilmembers. While the City Council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay nor interrupt the proceedings or the peace of the City Council, nor disturb any member while speaking or refuse to obey the orders of the City Council or a presiding officer, except as otherwise herein provided.

B. By Other Persons. Any person who intentionally disrupts a City Council meeting or who refuses to be seated or keep quiet when ordered to do so by a presiding officer, shall be guilty of a misdemeanor. Upon instructions of the presiding officer, it shall be the duty of any police officer present to issue a citation to such person.

(Prior code § 2-19; Ord. 90-649 § 1, 1990)

A roll call vote shall be taken upon the passage of all ordinances, resolutions and orders for the payment of money, and be entered in the minutes of the proceedings of the City Council. Upon request of any Councilmember, a roll call vote shall be taken and recorded on any vote. Whenever a recorded or roll call vote of the City 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.

(Prior code § 2-20)

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

(Prior code § 2-21)

A. The agenda for the City Council's regular meeting for the first Tuesday of each December shall contain a staff report under Mayor's update listing all positions held by Council Members on regional entities and the dates, times and locations of the entities' meetings and the amounts paid for meeting attendance. At the meeting the Mayor shall ask Council Members to state whether they are available and desire to serve a particular entity on the list.

B. The Mayor shall then consider the experience, special skills and workload of each Council Member and prepare written recommendations for presentation as a staff report at the next regular City Council meeting. The appointments shall be affirmed by a majority vote by the City Council.

(Ord. 2009-928, § 1, 2009)

A. If a City Council Member seeks to be appointed or to serve on a board, committee or commission where the position is only open to an elected official, the City Council Member shall announce at a regularly scheduled meeting of the City Council his or her intent to seek such appointment or provide such service.

B. A majority vote of the City Council shall be required prior to the City paying for any registration fees, food, travel or other expenses related to the Council Member's service on the board, committee or commission.

(Ord. 2009-929, § 1, 2009)

All proposed changes, including increases or decreases, in City Council Member salaries, compensation, benefits, or reimbursement formulas shall be noticed, discussed and voted on as a non-consent calendar item at a regularly scheduled or adjourned regular City Council meeting.

(Ord. 2011-961, § 2, 2011)