City Council Notes: Mayor Rotation & Who Can Add Items to Council Agenda

City Council Notes: December 19, 2023 Agenda Item #13:

Meeting Mayor Rotation & Who Can Add Items to Council Agenda 

The City Council Chambers were well attended at the December 19th meeting. People from every district in town came to oppose item #13 agendized by Mayor Nicholas Dunlap and Mayor Pro Tem Fred Jung. The first agendized item in Dunlap’s new role as Mayor was to propose dropping the Fair Rotation policy for selecting Mayor and Mayor Pro Tem and requiring a 3-vote majority to agendize any items.

Two things happened before the public gathered and spoke.

1. The agenda item summary was revised on the day of the council meeting to say: “If an item has previously been voted on by the City Council that it cannot be agendized for one year unless three City Council members request it.” And “Change the Mayor and Mayor Pro Tem policy to a majority vote on both and eliminate rotation part of the policy.”
2. Mayor Pro Tem Jung said he was sick and went home.

Mayor Dunlap explained the gathered public was misinformed – his intention – he said – was to make it so something that had already been agonized and voted on would have to have three votes to re-agendize it. He failed to mention that the first configuration of this item stated that three votes would be required to put any item on the agenda. Though that wording was found to be against the law and the item summary was revised – the body of the ordinance was not revised and stated that though any councilmember can request an item be agendized, it requires a majority vote of three to actually agendize an item (with the exception that the Mayor and City Manager retain the right to agendize items on their own at any time). Thus, if approved by a council majority of three, it would have effectively ended the former tradition of allowing the votes of any two council members plus one to agendize an item.

Because Jung had gone home before the vote on this issue came up, there was not a three-vote majority, and the item died on the vine. It is interesting to note that had these items passed, the absence of Jung would mean that there would have had to be cooperation from all the remaining councils in order to agendize anything.

(Listen and watch the entire lineup of intelligent commenters by visiting the city website, http://www.cityoffullerton.com, clicking on “Agendas & Meetings” and then scrolling to City Council Meeting Dec 19, 2023, or following this link: City Council: December 19, 2023

Ninety-five percent of the public commenters on this issue opposed both items. Included in that number was former Fullerton Mayor Jan Flory, who offered each council member her research on how other cities handle agonizing items listed below. Three of our largest neighboring cities require only one council member’s request to agendize.

SURVEY OF 10 LARGEST OC CITIES + ALL ADJACENT CITIES Placing Item on Agenda

1. Anaheim (Districts and Mayor at Large) 343,000 pop. Two council members or Mayor.
2. Irvine (Districts w/be voted on March 2024) 314,000 pop. Mayor or one councilmember can request.
3. Santa Ana (Districts and Mayor at Large) 308,000 pop. Written request by one council member and consult w/City Mgr., City Atty and City Clerk.
4. Hunt. Sch. (No districts) 199,000 pop. One CM must complete a Request for Council Action. Reviewed by City Mgr. Agenda Review Monday B4 council to give Mayor and staff opp to ask questions, make recommendations, etc.
5. Garden Grove (Districts and Mayor at Large} 172,000 pop. City Mgr, Mayor, or anyone CM.
6. Fullerton (Districts, appointed Mayor) 139,000. City Mgr, Mayor, 2 CM.
7. Orange (Districts & Mayor at Large) 134􀁭000. No formal protocol. 1 CM.
8. Costa Mesa (Districts, Mayor at Large) 112,000. Any CM can submit a written request to the city clerk. If item is likely to take more than 4 hrs of staff time, majority of council has to approve.
9. Mission Viejo (Districts) 93,000. No protocol. Any CM can place an item on the agenda.
10. Westminster (Districts/ At Large Mayor) 91,000. Mayor or 2 CMs Adjacent Cities (Anaheim is set forth above)
11. Buena Park (Districts) 83,000. Flexible; one CM can put an item on the agenda.
12. La Habra (No districts) 62,000. CM has to bring up at cc, and the majority must pass.
13. Placentia (Districts) 51,000. City Mgr, Mayor, or 2 CMs.
14. Brea (No Districts) 47,000 . 2 CMs.

SUMMARY

1. 5 cities (Anaheim, Fullerton, Westminster, Placentia, and Brea) require two city council members to place an item on the agenda. Most often, in these cities, the Mayor and/or City Manager can also place an item on the agenda.
2. 8 cities (Irvine, Santa Ana, Huntington Beach, Garden Grove, Orange, Costa Mesa, Mission Viejo, and Buena Park) allow one city council member to add an item to the agenda. There is some variation in the protocol. For example, Santa Ana requires a form to be completed by the requesting council member and consult with the City Mgr., City Attorney, and City Clerk. In Huntington Beach, all agenda item requests are subject to the Agenda Review Committee on the Monday before the council so that the Mayor and staff can ask questions, make recommendations, etc. In Costa Mesa, one council member can request, but if it is likely that more than 4 hours of staff time will be required to “work up” the item, then the majority of the council has to approve.
3. Only one city, La Habra, required a majority of the council to approve placing the matter on the agenda. It should be noted that La Habra is a small city (#18 in population with a population of 62,000).

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