Chapter 2.3 City Council

2.3.10 Purpose of this Chapter

The purpose of this Chapter is to establish the organization and operation of the City Council.

2.3.20 Officers and Duties of the City Council

The City Council will consist of the following offices.

A.    Mayor. The Mayor is a member of the City Council and is annually selected by a majority vote of the City Council in December or upon certification of the election results. As a member of the City Council, the Mayor shall have all of the powers of a City Council member. Additionally, the Mayor shall represent the City Council in the preparation of agendas, serve as the presiding officer at City Council meetings, authorize certain financial transactions (as specified herein) and function as the City Council’s spokesperson.

B.    Mayor Pro Tem. The Mayor Pro Tem shall be selected by a majority vote of the City Council at the same meeting at which the Mayor is selected. The Mayor Pro Tem shall assist the Mayor in the performance of duties and serve as a presiding officer in the Mayor’s absence.

C.    Members. The City Council shall consist of five (5) members including the Mayor and Mayor Pro Tem. The City Council members shall be residents of the City of La Habra Heights and may not hold any paid position for the City of La Heights or otherwise be employed by the City.

D.    Council Delegate Appointments. Annually at the same meeting at which the Mayor and Mayor Pro Tempore are selected, the Mayor shall propose City Council members to serve on various committees that require a City Council representative or delegate. These appointments shall become effective upon their approval by the City Council.

E.    Appointments to Planning Commission. Each member of the City Council shall appoint a member of the Planning Commission. The whole Council shall appoint an alternate by majority approval.

F.    Prioritization of Goals and Objectives. On an annual basis consistent with the fiscal year budget, the City Council may prioritize goals and objectives for the Planning Commission and other commissions and committees for the following year. (Ord. 2017-02 § 2; Ord. 2015-07 §§ 2, 3; Ord. 2015-03 §§ 2, 3)

2.3.30 Date of Municipal General Election

Beginning in November of 2022, general municipal elections shall be conducted on the first Tuesday after the first Monday in November of even-numbered years. (Ord. 2017-02 § 2; Ord. 2015-03 § 4)

2.3.40 Term of Office

The following requirements are applicable to the City Council members’ terms of office:

A.    Regular Term of Office. City Council members’ term of office will be four (4) years.

B.    Staggered Terms of Office. The initiation and expiration of three (3) City Council members’ terms of office shall be separated by two (2) years from the other two (2) City Council members’ terms of office.

C.    Premature Vacation of City Council Office. The City Council shall, by majority vote, appoint a replacement City Council member for any City Council office that is vacated prior to the end of its term. The City Council shall appoint any replacement within 30-days of the vacation of office at a City Council meeting. The term of office for the replacement City Council member shall be limited to the remaining term of office of the original City Council member that vacated the office. This Subsection (2.3.40.C) does not apply to recalls.

2.3.50 General Rules for City Council Meetings

The following rules are applicable to the conduct of City Council meetings.

A.    Meeting Times. All regular meetings will convene on the day and time as set by City Council resolution unless noticed for a different time or on the next succeeding business day that is not an official holiday. Any meeting of the City Council may be adjourned to a later date, place, and time; provided, that no adjournment is to a date later than that of the next regularly scheduled meeting.

B.    Open Meetings. Except for closed sessions, all meetings of the City Council shall be open to the public and media and may be recorded by tape, radio, television, or photography, provided that such recordings do not interfere with the orderly conduct of the meeting.

C.    Quorum. Three (3) members of the City Council shall constitute a quorum necessary to conduct normal business. In the event a quorum is not in attendance, the City Clerk will adjourn the meeting to a set date and time.

D.    City Staff Attendance at City Council Meetings. The following City staff are required to attend City Council meetings:

1.    The City Manager, unless excused, shall attend all City Council meetings.

2.    The City Attorney, unless excused, shall attend all City Council meetings. The City Attorney, upon request, shall give opinions, either written or oral, on questions of law and shall act as the City Council’s parliamentarian.

3.    The City Clerk, unless excused, shall attend all City Council meetings. The City Clerk shall record, prepare, and maintain the minutes of the City Council and perform other related duties as prescribed by the City Council.

4.    Department heads and other City employees, as directed by the City Manager, shall attend City Council meetings.

E.    Other Rules. Other applicable general rules of conduct for City Council meetings are identified in Chapter 2.5. (Ord. 2017-07 § 1)

2.3.60 Adoption of City Ordinances, Resolutions, and Orders for Payment

This Section establishes the procedures for the preparation, consideration and adoption of ordinances.

A.    Preparation of Ordinance. All draft ordinances must be reviewed by the City Attorney prior to submittal to the City Council.

B.    Ordinance Introduction and Adoption. A proposed ordinance will be read by title only unless a City Council member disagrees and the majority of the City Council orders a full reading. Ordinances introduced by first reading shall not be adopted within five (5) days of the introduction nor at other than a regular or an adjourned regular City Council meeting. After an Ordinance has been introduced for first reading, it can be placed on the Consent Calendar for adoption at a subsequent regular meeting. If the ordinance carries an urgency clause, introduction and adoption may occur at the same meeting.

C.    Majority Vote Required. An affirmative vote of a quorum shall be necessary to adopt an ordinance, a resolution, or an order for the payment of money. Motions and matters other than ordinances, resolutions, and orders for the payment of money may be adopted by a majority vote of the quorum. An Urgency Ordinance must be adopted by at least a four-fifths (4/5) vote of the City Council.

D.    Ordinance Preservation. Following adoption of an ordinance, the City Clerk will assign it a number and post it in the manner required by law. All ordinances will be filed and maintained by the City Clerk.