RESOLUTION NO. 2025-XXX001
A RESOLUTION OF T HE CITY COUNCIL OF THE CITY OF
FULLERTON, CALIFORNIA, ESTABLISHING RULES OF PROCEDURE
AND DECORUM FOR CITY COUNCIL MEETINGS AND REPEALING
RESOLUTION NO. 20253-001 020
WHEREAS, California Law authorizes the City Council of the City of Fullerton to adopt, abolish, suspend, modify and/or waive procedural rules for the conduct of its City Council meetings.
WHEREAS, City Council understands that it must first abide by the general laws of the State of California concerning rules of procedure for city councils in adopting its rules.
WHEREAS, City Council adopted the current edition of “Robert’s Rules of Order, Newly Revised” as a non-binding guide for City Council meeting conduct, to the degree that such rules do not conflict with State or local laws, per Fullerton Municipal Code
2.04.040.
WHEREAS, the term “Presiding Officer” refers to the Council Member presiding over the City Council Meeting for purposes of this resolution. In most instances the Mayor serves as the Presiding Officer. The Mayor Pro Tem serves as the Presiding Of
ficer in the Mayor’s absence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RESOLVES AS FOLLOWS:
The Fullerton City Council adopts the following rules as its Rules of Procedure:
1. GENERAL LAWS. City Council shall comply with all general laws of the State of California and all local laws which establish rules of procedure for city councils.
2. DECORUM. All persons shall observe civility, decorum and good behavior. City Council encourages citizen participation and expression of all points of view.
Unruly or disruptive conduct may result in removal from the Council Chamber or meeting stoppage.
Council Members shall observe civility, decorum and good behavior, attend ethics training as required by Assembly Bill 1234 and attend harassment-prevention training as required by Resolution No. 2015-36.
3. SIGNS. City Council recognizes the right of free expression. To preserve decorum and not infringe upon the public’s ability to view the City Council proceedings, audience members may hold signs in the backmost row of the Council Chamber provided the sign does not impede viewing or broadcasting the meeting and does not otherwise violate meeting rules of procedure. Those wishing to hold signs during a meeting may contact the City Clerk’s Office to Resolution No. 2025-XXX001
reserve a seat in the back row.
4. PHOTOGRAPHY / FILMING / AUDIO RECORDING. Media outlets planning to attend the
City Council meeting should contact the City Manager’s Office in advance of the meeting to ensure accommodations for broadcast and tripod cameras. The Fire Marshal, or designee, ensures members of the media film in locations complian
t with safety regulations. Complete or partial blocking of exit aisles is prohibited.
The public may photograph, film and / or audio record proceedings provided that the recording device operator remains in the public areas of the Council Chamber, keeps aisles clear (for fire safety) and does not interrupt other members of the public in attendance or impede staff or Council Members from conducting the meeting.
5. MEETING BROADCASTS. The City records the video broadcast of all City Council meetings, including the public portion of the Closed Session meeting, held in the Council Chamber.
6. COUNCIL CHAMBER CAPACITY / OVERFLOW SEATING. The Council Chamber has a maximum capacity of 140 persons. The public may not stand in the aisles of the Chamber except as otherwise provided by this resolution. Staff may arrange for overflow seating in anticipation of audience attendance beyond the maximum Council Chamber capacity.
7. REGULAR MEETINGS. City Council shall hold regular meetings within city limits only at the time and place indicated by City Council resolution. City Council may adjourn a convened meeting to another location within the City if unusually large crowds or other circumstances warrant.
A
. Open Meetings. All members of the public may attend all City Council meetings except for Closed Sessions.
B. Closed Sessions. City Council may recess to Closed Session to consider any matter not prohibited by the Ralph M. Brown Act and amendments thereto.
City Council may discuss such matters as litigation, employees / employment, property acquisition and labor negotiations during Closed Session.
8. SPECIAL MEETINGS. The Mayor or a majority of the legislative body may call and give notice of special meeting with at least 24 hours’ notice per the California Brown Act.
9. QUORUM. A majority of the City Council constitutes a quorum for transaction of business. All
resolutions, ordinances and orders for payment of money require a majority vote of the entire City Council for passage (i.e. at least three affirmative votes) (Government Code Section 36936). City Council may pass minute orders by a 2 to 1 majority vote if only three members attend the meeting. State law may require a supermajority (four-fifths of the City Council) vote for an item to pass in specific situations.
Resolution No. 2025-XXX001
10. AGENDA. The City Clerk prepare s an agenda for each City Council meeting.
The City Manager , Mayor or any two City Council members may place items on the agenda. The City Clerk will not include titles received outside of a City Council meeting after Noon on the Wednesday prior to the meeting on the agenda due to production timelines and posting requirements.
The following lists the order of items on the agenda:
Call to Order
Roll Call
Invocation
Pledge of Allegiance
Closed Session Report
Ex Parte Communications Report
Presentations
Items Pulled from the Consent Calendar Announcement
Public Comments
City Council / Successor Agency / Staff Communications and Reports Appointments
Consent Calendar
Public Hearings
Regular Business
Items Pulled from the Consent Calendar
Agenda Forecast
Adjournment
11. EMERGENCY AGENDA MATTERS . City Council shall take no action on any matter not listed on the posted agenda except as otherwise provided herein .
However, City Council may take action on an item not appearing on the agenda if either: a) City Council determines by majority vote that the item is a statutorily defined “emergency” or b) City Council determines by a two -thirds vote that the need exists for immediate action on an item and the item only came to the attention of City Council after posting of the agenda and cannot wait until the next regular meeting.
12. INVOCATION. City Council may include an invocation on the agenda in compliance with the Town of Greece, New York v. Galloway decision.
13. PRESENTATIONS. Presentations to City Council under the Presentations section of the agenda shall not exceed five minutes per presentation , unless extended by Resolution No. 2025-XXX001
the Presiding Officer.
14. ADDRESSING CITY COUNCIL.
A. Speaker Registration. Those wishing to address City Council may register with City staff before the start of the public comment section of the agenda. Speakers may provide their name and contact information, subject or agenda item on which the speaker will address City Council and the date of the City Council meeting. However, speakers are not required to provide identifying information. Staff may assign a number to each speaker if a large number of speakers wish to speak on the same item.
B. Public Comments on Closed Session Items. The public may comment on Closed Session items at the beginning of the Closed Session meeting.
Speakers may register with staff prior to the start of the public comment section on the Closed Session agenda. Speakers should line up on the north wall of the Council Chamber when the Mayor announces the Public Comments item. The City Clerk will call those who have registered to the microphone when it is their time to address City Council. Any remaining speakers in line will come to the podium when directed.
Each speaker addressing City Council regarding Closed Session items shall have three minutes to make their remarks.
C. Public Comments on Items Not on the Agenda and Consent Calendar Items.
Members of the public may address City Council regarding items not appearing on the agenda, but within the subject matter jurisdiction of City Council and on Consent Calendar items not pulled from the Consent Calendar.
Those wishing to address City Council may register with City staff prior to start of the public comment section on the Regular Session agenda.
Speakers should line up on the north wall in the Council Chamber when it is time for the Regular Session Public Comments item. The City Clerk will call those who have registered to the microphone when it is their time to address City Council. Any remaining speakers in line will come to the podium when directed.
Each speaker addressing City Council during Public Comments shall have three minutes to make their remarks.
City Council may limit non-agenda public comments to 30 minutes at the beginning of the Regular Session but shall hear all comments on Consent Calendar items prior to acting on the Consent Calendar. If more speakers wish to address City Council than can be accommodated in the allotted time, the remaining speakers will have the opportunity to address City Council before the meeting adjourns.
City Council may not act on unagendized items except as authorized by law.
D. Public Comments on Agenda Items. City Council will hear comments from the public on agenda items at the time City Council considers the item. Those wishing to address City Council may register with City staff prior to the Resolution No. 2025-XXX001
public comment section o f the item they wish to address. Speakers should line up on the north wall in the Council Chamber when the Mayor calls for public comment on the agenda item. The City Clerk will call those who have registered to the microphone when it is their time to address City Council. .
Any remaining speakers in line will come to the podium when directed.
Those speaking on agenda items shall have no more than three minutes per item to address City Council . No person shall speak more than once during the same meeting to the same question or issue.
E. Extension of Time . The Mayor or majority of City Council may grant an extension of time for a speaker. No speaker may yield their time to another speaker.
F. Presiding Officer. The Presiding Officer will control debate as to repetitive or irrelevant remarks so everyone has a chance to speak and to expedite the business at hand. Whenever a group of people wish to address City Council on the same subject matter, the Presiding Officer may request that the group select a spokesperson to represent the group and, in case any other member of the group presents additional matters, to limit the number of persons addressing City Council, to avoid unnecessary repetition.
15. PROVIDING MATERIALS TO CITY COUNCIL AT THE MEETING. Members of the public may submit materials for distribution to Council Members at the meeting by submitting seven copies of the materials to City Clerk staff before or at the beginning of the meeting. All materials submitted to City Council become part of the meeting record. The public may not utilize Council Chamber audio-visual equipment during the meeting.
16. COUNCIL COMMUNICATIONS. Council Members shall, report on information or activities resulting from participation on City Council appointed regional boards, commissions or committees as a means of informing City Council and public on such items during City Council / Successor Agency / Staff Communications.
Council Members shall also report on attendance at functions that falls under AB 1234 (2005) reporting requirements at this time.
Each Council Member has five minutes during this section of the agenda, unless modified by the Mayor or City Council majority, to:
• provide mandatory reporting on meeting(s) attended at public expense in compliance with AB1234 (2005)
• ) report regional board, commission and committee information and activities to which City Council appointed the Council Member
• report, query and/or update City Council and/or the public on any matter within City Council subject matter jurisdiction.
Council Members may not debate or act on issues arising during this section of the agenda. Council Members may agendize an item for discussion at a future meeting pursuant to Section 10 of this Resolution .
Council Members shall not engage in negative commentary regarding fellow Council Members, staff or members of the public during Council Communications.
Resolution No. 2025-XXX001
17. CONSENT CALENDAR. City Council will act on the Consent Calendar following Appointments and prior to Public Hearings. The agenda shall have routine matters grouped together for action before regular business items, listed under the heading of “Consent Calendar
.” The agenda will contain a concise recommendation for each of these items in summary form. City Council may act on all Consent
Calendar items on the agenda with one motion, provided the Presiding Officer first
advises the audience that City Council will act upon Consent Calendar items by one motion unless any Council Member requests that City Council pulls one or more
items from the Consent Calendar for further discussion and/or clarification.
In that event, the Presiding Officer asks City Council to vote on the remainder of the Consent Calendar and City Council considers each item pulled from the Consent
Calendar for individual consideration following Regular Business.
18. PUBLIC HEARINGS. In the event the City Attorney or staff requests continuation of a noticed public hearing item, City Council will continue the item to a date certain, regularly scheduled meeting.
Public Hearings follow this format:
• Mayor asks if Council Members need to recuse themselves or provide disclosures
• Staff (or consultant) makes presentation
• Mayor opens the public hearing
• Applicant presentation, when applicable (no more than ten minutes) • City Council hears
public comments
• Applicant rebuttal, when applicable (no more than five minutes) • Council Member questions for staff and/or applicant
• Mayor closes the
public hearing
• Council Member discussion
• Motion, second and vote.
19. MOTIONS. City Council uses motions to conduct general business unless the law specifically requires action by ordinance or resolution or a good reason exists
for formalizing the action by
resolution.
20. PROCESSING MOTIONS. When a Council Member makes a motion, another Council Member must second the motion to proceed, and the Presiding Officer may so state. Once
the Presiding Officer has stated the motion, the maker of the motion may not modify or withdraw the motion without City Council consent.
City Council may amend the motion with the approval of the maker. The maker of a motion has the first right of debate.
Resolution No. 2025-XXX001
A. Motions Out of Sequence: The Presiding Officer may at any time, by majority consent of City Council, permit a Council Member to propose an ordinance, resolution or motion out of the published agenda sequence.
B. Division of the Question: If the question contains two or more complete propositions, each capable of standing alone, City Council may, by majority vote, divide the questions into separate parts for consideration and vote.
C. Substitute Motions: A substitute motion seeks to replace a paragraph, section, article or the entirety of a main motion with new language and takes precedence over the main motion. City Council considers a substitute motion before considering the main motion . Council Members consider one substitute motion at a time and will dispense with the substitute motion on the floor before making a new substitute motion.
21. VOTING. The Presiding Officer shall call for the vote by voice or roll call on the passage of every motion. The City Clerk shall enter the results of the vote in the minutes. Any Council Member may change their vote before the next order of business.
A. Roll Call Voting. City Council shall take a roll call vote when required by law, when utilizing teleconference technology to conduct the meeting or upon demand of any Council Member made before or after a voice vote upon any question before City Council. The City Clerk shall conduct the roll call vote in the following order: each Council Member in alphabetical order by last name, Mayor Pro Tem, Mayor.
B. Voice Vote. When allowed, the Presiding Officer shall ask, in this order, those in favor to state “Aye”, those opposed to state “Nay” and those abstaining to state “Abstain”. After calling for the vote, the Presiding Officer will state whether the motion passes or fails and the tally of the votes in favor, opposed and abstaining.
C. Failure to Vote. Every Council Member should vote unless disqualified for cause or by the decision of the City Attorney. Council Members should avoid self-disqualification which results in a tie vote thwarting City Council action.
D. Abstention. A Council Member cannot be compelled to vote. A Council Member may abstain from voting, but in doing so, consents that a majority of the quorum may act for them.
E. Tie Vote. Per Fullerton Municipal Code Section 2.04.040, a tie vote of City Council on any matter under consideration constitutes denial of the motion except for appeals of a decision of the Presiding Officer (as described in #21 Item 23) where a tie vote sustains the Presiding Officer’s decision.
22. RECONSIDERATION. Any Council Member who voted with the majority on a matter may move for reconsideration of any action taken on that matter at the same meeting or have the matter entered into the minutes for reconsideration at the next succeeding meeting, providing no legal rights have intervened between said Resolution No. 2025-XXX001
meetings to create estoppel. City Council may not consider any other motion for reconsideration after City Council has acted on a motion for reconsideration of a matter without unanimous consent. However, Fullerton Municipal Codes Sections
15.68.060 and 15.70.060 authorize City Council by a majority vote, to set aside any action taken at a meeting relating to variances and conditional use permits before meeting adjournment.
23. APPEAL. Any City Council Member may appeal any decision or ruling of the Presiding Officer. The Presiding Officer shall call for a roll call vote to determine if City Council desires to sustain the decision. A majority or tie vote shall sustain the Presiding Officer’s decision.
24. ORDINANCES. City Council enacts ordinances to establish City of Fullerton municipal laws.
A. City Council shall introduce an ordinance by motion as a Public Hearing or Regular Business item.
B. City Council shall direct the City Clerk to read all ordinances in full either at the time of introduction or passage except when, after the City Clerk reads the title, City Council waives further reading of the ordinance by regular motion adopted by a majority vote of the City Council.
C. City Council shall not pass an ordinance within five days of introducing on of the
ordinance, nor at other than a regular meeting or an adjourned regular meeting. However, City Council may pass urgency ordinances immediately upon introduction either at a regular or special meeting.
D. When City Council alters an ordinance after introduction, other than an urgency ordinance, City Council shall reintroduce the ordinance and then adopt the ordinance at a regular or adjourned regular meeting held at least five days after alteration. Corrections of typographical formatting or clerical errors are not
alterations.
E. Ordinances require the affirmative vote of at least three Council Members for passage.
F. Codification. The City Clerk’s Office shall codify and incorporate all ordinances of a general nature amending the municipal code into the Fullerton Municipal Code.
G. Effective Date. All ordinances, except as otherwise provided by law, take effect 30 days after passage or upon such later date as designated in the ordinance.
H. Publication. The City Clerk shall publish or post each ordinance within 15 days after its passage. Failure to do so will
invalidate the ordinance. The
City Clerk may publish the ordinance in summary form as provided by law.
25. RESOLUTIONS. A resolution constitutes a written action or decision. The enacting clause shall contain either the word “resolves” or “resolved,” depending on the format
of the resolution.
Resolution No. 2025-XXX001
A. Resolutions require the affirmative vote of at least three Council Members for adoption. City Council must adopt a resolution in such matters as assessment proceedings or rezonings.
B. City Council shall adopt resolutions for the payment of money only at regular meetings or a special meeting for which the notice of such special meeting specifies the business City Council will transact.
26. MINUTES. The City Clerk recordsaction minutes of the City Council meeting and
presents a final draft of the minutes to City Council for approval. City Council may then, by motion, make such corrections as conform to fact before approving the draft minutes.
A. The minutes should contain a clear and concise statement of City Council actions, including all motions made and the vote thereon. City Council may choose to direct the City Clerk to include reasons for making a motion, City Council debate and public speaker comments.
B. For all items, including when City Council acts in a quasi-judicial proceeding, such as on an assessment or zoning matter, the City Clerk shall record in the minutes the names and city of residence (if provided) of persons addressing City Council, the subject matter to which the remarks relate and whether the person spoke in support or opposition to a matter.
C. The City Clerk shall retain recordings of City Council meetings in accordance with the City’s Records Retention Schedule.
D. Recusals: Council Members recusing themselves from discussion on a particular agenda item shall publicly state the reason for recusal and exit the Council Chambers. The City Clerk will include the reason for recusal and the time the Council Member exited and returned to the Council Chambers in the minutes.
27. NOMINATIONS. City Council may follow this procedure when conducting nominations:
A. Mayor may designate an individual, such as the City Attorney, to conduct the nominations process.
B. Mayor, or designee, opens the floor to nominations.
C. Individual council members make nominations. A council member may nominate themselves.
D. When council members have named all nominations, the Mayor (or designee) reqests a motion, second and vote to close nominations.
E. Each council member then names their preferred nominee (in alphabetical order of council members by last name, Mayor Pro Tem and Mayor).
Resolution No. 2025-XXX001
F. If a nominee receives majority support, nominations end and the the majority support nominee succeeds.
G. If no nominee receives majority support, City Council may continue deliberations, including votes to reopen and close nominations, and then hold another vote to name each member’s preferred nominee. Council members will repeat this process until a nominee receives majority support.
28. City Council repeals Resolution No. 202325-001202
ADOPTED BY THE FULLERTON CITY COUNCIL ON
____________________________
Fred Jung
Mayor
ATTEST:
___________________________
Lucinda Williams, MMC
City Clerk
___________________________
Date