Chapter 2.04 ADMINISTRATION

B. The city treasurer and such city boards and commissions as are established by city council ordinance or resolution. Such boards and commissions shall have the powers and duties expressly set forth in the enabling ordinance or resolution and shall also advise the city council on matters related to the explicit function of the board or commission.

C. City Manager and City Departments. Capitola shall be administered as a city manager form of government. It shall have such administrative departments as are set forth in this chapter and as are hereafter created by ordinance or resolution. Unless a power or duty is explicitly vested in an identified city employee, all city employees are expected to function in accordance with the instruction of their department heads, and department heads are expected to function in accordance with the instructions they receive from the city manager. (Ord. 1025 § 1 (part), 2018: Ord. 830 § 1, 2001; Ord. 375 § 1, 1974)

2.04.015 Term limits for elected officials.

City council members shall serve a maximum of two elected terms consecutively. Upon completion of a second consecutive elected term, the term-limited city council member shall be eligible to seek reelection to the city council for a term commencing no earlier than two years after the second consecutive term has been completed. Nothing herein shall be construed to limit the city council’s discretion to appoint an individual to fill a city council seat which has been vacated due to resignation, death, disqualification or other cause. (Ord. 1025 § 1 (part), 2018: Ord. 844 § 1, 2002)

2.04.020 Powers and duties of department heads.

The heads of the various departments established by this chapter shall have the following general powers, duties and responsibilities:

A. To organize the department into the divisions established by this chapter in such a manner as to efficiently perform the functional responsibilities allocated. For this purpose, the department head may create such sections and subunits within such division as deemed necessary;

B. To make recommendations regarding recruiting, disciplining and discharging of departmental personnel in accordance with any personnel rules and regulations of the city;

C. To efficiently utilize available manpower;

D. To keep correct attendance records on each employee for payroll purposes, and to submit such other information as required for the proper maintenance of individual personnel records, including leaves of absence, job efficiency and personal conduct;

E. To administer the departmental budget and permit no purchase requisitions to be issued, or other expense incurred, unless an appropriation therefor has been duly authorized;

F. Department heads shall attend meetings of the council when required;

G. Department heads shall attend meetings of their respective boards and commissions. They shall serve as secretary and keep records of such commissions when so requested;

H. Department heads shall carry on an active public relations program for their respective services, including the publication of educational reports and brochures, the promotion of authorized objectives, and the making of public addresses when the occasion so requires;

I. Department heads shall recommend and administer internal rules and regulations for the proper conduct of personnel and the efficient handling of the department’s duties and functions;

J. They shall discharge such other duties as may be assigned by the city manager or required by the ordinances, resolutions or official orders of the city council. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

II. City Boards and Commissions Policies

2.04.030 Authority to establish.

The council may establish appropriate boards, commissions and committees by ordinance, resolution or minute order. (Ord. 830 § 1, 2001)

2.04.040 City council referrals.

The city council may refer an item to a board, commission, or advisory body by motion, passed by a simple majority, at a noticed public meeting. (Ord. 1038 § 3, 2020)

2.04.060 City personnel use.

The various boards and commissions may utilize the services of the appropriate city departmental personnel in carrying out their respective functions subject to the administrative control of the city manager. (Ord. 375 (part), 1974)

2.04.070 Policy adoption.

Repealed by Ord. 1038. (Ord. 375 (part), 1974)

III. Bonds

2.04.080 Bonds.

The bonding requirements of Government Code Section 36518 shall be fulfilled by a government crime insurance policy. (Ord. 1038 § 1 (part), 2020: Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.090 Blanket bond.

Repealed by Ord. 1038. (Ord. 375 (part), 1974)

2.04.100 Terms.

Repealed by Ord. 1038. (Ord. 375 (part), 1974)

IV. City Council

2.04.110 Regular meetings. Revised 2/24

A. Time. Regular meetings of the city council generally shall be held on the second and fourth Thursday of each month. Any other regular meetings may be in accordance with Government Code Sections 54954 and 54955. Each year, the city council will adopt the regular meeting calendar dates and times by resolution.

B. Place. All regular meetings of the council shall be convened in the council chambers in the City Hall, 420 Capitola Avenue, Capitola, California. If, by reason of a natural disaster, emergency, or other event that makes it unsafe to meet in the place designated, the meetings may be held for the duration of the event at such place as is designated by the presiding officer of the council.

C. Public. Meetings of the council shall be open as required by the Brown Act (Government Code Sections 54950, et seq.), or other applicable law. (Ord. 1064 § 2 (Exh. A), 2023; Ord. 1038 § 1 (part), 2020; Ord. 920 § 1, 2007; Ord. 830 § 1, 2001; Ord. 456, 1979; Ord. 375 (part), 1974)

2.04.120 Special meetings.

Special meetings of the city council shall be held under the conditions and in the manner set forth in the Brown Act. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.130 Council chambers.

The room designated as the city council chambers at 420 Capitola Avenue in the city, is fixed as the place of regular and special meetings of the city council, and such council chambers and the adjacent offices and rooms used and occupied by the city clerk and administrative officers of the city, shall henceforth be known and designated as the city hall of the city. (Ord. 375 (part), 1974)

2.04.140 Agenda.

The following have authority to place a matter on the council agenda:

A. The mayor or any member of the city council with the condition that the proposed agenda item be requested at an open city council meeting;

B. The city manager;

C. The city council may, after the seventy-two-hour agenda-posting deadline has expired, add items to the agenda in the manner provided in Government Code Section 54954.2(b);

D. Repealed by Ord. 1038.

E. The city treasurer, city clerk, or city attorney, provided the subject is reasonably related to their powers and duties and concerns a subject upon which the council has authority to act.

Other persons must direct their agenda requests to the city council (at council meetings), the mayor, or the city manager. Agendas shall otherwise be prepared under the direction of the city manager and shall be posted, noticed and distributed in accordance with the Brown Act. For purposes of Government Code Section 54954.2(a), agendas shall be posted in the entrance area to the city council chambers. (Ord. 1038 § 1 (part), 2020; Ord. 999 § 1, 2015: Ord. 919 § 1, 2007; Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.150 Selection of the mayor (presiding officer). Revised 2/24

A. Each year the city council shall select a mayor and vice mayor. During years with a general election, such selection shall be made at the meeting at which the declaration of the election results for a general municipal election is made. During years without a general election, such selection shall be made approximately one year after the prior selection.

B. The mayor, or vice mayor, may be replaced if at least three council members vote for the removal of the mayor, or vice mayor, at a noticed city council meeting. (Ord. 1064 § 2 (Exh. A), 2023; Ord. 1038 § 1 (part), 2020: Ord. 768, 1994; Ord. 375 (part), 1974)

2.04.160 Vice mayor. Revised 2/24

In case of the temporary absence or inability of the mayor to act as presiding officer the vice mayor shall preside. In case of the absence or disability of both the mayor and vice mayor the council shall elect one of its members to act as vice mayor. Upon the arrival of the mayor, the vice mayor shall relinquish the chair upon the conclusion of the business immediately before the council. (Ord. 1064 § 2 (Exh. A), 2023; Ord. 375 (part), 1974)

2.04.165 Appointment of standby city council members. Revised 2/24

Repealed by Ord. 1064. (Ord. 782, 1995)

2.04.170 Conduct of meeting. Revised 2/24

The mayor, or in his or her absence, the vice mayor, shall take the chair at precisely the hour appointed for the meeting and shall immediately call the council to order. The mayor or vice mayor shall preserve strict decorum at all regular and special meetings of the council. He or she shall state every question coming before the council, call for the vote, announce the decision of the council on all subjects and decide all questions of order, subject, however, to an appeal to the council, in which a majority vote of the council shall govern and conclusively determine such question of order. (Ord. 1064 § 2 (Exh. A), 2023; Ord. 375 (part), 1974)

2.04.180 Quorum/action.

A majority of the entire membership of the council shall constitute a quorum to do business. A majority of that quorum may act on matters before the council, unless a city ordinance or state law requires a greater number. When less than the full council is present and there is a tie vote, the chair, unless overridden by a majority of present council members, may continue the matter to another meeting. When there is a tie council vote on an appeal from a board or commission action, unless the matter is continued, the appeal will be deemed denied and the board or commission action becomes final. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.190 Order of business. Revised 2/24

The chair may vary the sequence of business from that shown on the posted agenda. (Ord. 1064 § 2 (Exh. A), 2023; Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.200 Reading of minutes.

Unless the reading of the minutes of a council meeting is requested by a member of the council, such minutes may be approved without reading if the clerk has previously furnished each member with a copy thereof. (Ord. 375 (part), 1974)

2.04.210 Rules of debate. Revised 2/24

A. Presiding Officer May Debate. The mayor or vice mayor may debate from the chair, subject only to such limitations of debate as are imposed upon all members by the rules set forth in this section.

B. Getting the Floor. Every member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language.

C. Interruptions. A member, once recognized, shall not be interrupted when speaking unless it is to call him or her to order. If a member, 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. Privilege of Closing Debate. The councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.

E. Remarks of Councilmember. 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; provided, however, any council member without council consent shall have the right to have the reasons for his or her dissent from, or protest against, any action of the council entering in the minutes.

F. Synopsis of Debate. The city clerk may be directed by the presiding officer, with consent of the council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the council.

G. Rules of Order. Except as otherwise provided in this chapter, the rules of order that govern the conduct of the meetings of the city council and other city advisory bodies shall be those rules of order designated by city council resolution. (Ord. 1064 § 2 (Exh. A), 2023; Ord. 914 § 1, 2007; Ord. 375 (part), 1974)

2.04.220 Addressing council – Permission required.

Any person desiring to address the council at a meeting shall first secure the permission of the presiding officer to do so; provided, however, that under the heading oral communications, after being recognized by the presiding officer, interested parties or their authorized representatives may address the council on matters concerning their interests. (Ord. 1038 § 1 (part), 2020: Ord. 375 (part), 1974)

2.04.230 Addressing council – After motion made.

After a motion is duly made and seconded by the council, no person other than a member of the council shall address the council without first securing the permission of a majority of the council to do so. This address, upon the subject to be voted upon, may not exceed three minutes duration and no person may speak more than once at this time. (Ord. 375 (part), 1974)

2.04.240 Addressing council – Manner.

Each person addressing the council shall be requested to give his or her name and address in an audible tone of voice for the records. All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without permission of the presiding officer. No question shall be asked a councilmember or staff member, except through the presiding officer. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.250 Voting.

No member of the council shall be allowed to explain his or her vote or discuss the question while the roll is being called, and no member shall be allowed to change his or her vote after the vote is announced by the presiding officer. (Ord. 375 (part), 1974)

2.04.260 Adjournment – Time and date continued. Revised 2/24

The council may adjourn any regular, adjourned or special meeting to a time and place specified in the order for adjournment. Whenever an order for adjournment fails to state the hour at which the adjourned meeting is to be held, it shall be at six p.m. on the day specified in the order for adjournment. All matters may be considered and passed upon at such adjourned meetings as could have been considered and passed upon at the meetings from which such adjournments were taken and shall be deemed to be a continuation of the meeting from which the adjournment was taken. (Ord. 1064 § 2 (Exh. A), 2023; Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.270 Adjournment – When in order.

A motion to adjourn, except during roll call, shall always be in order and decided without debate. When a motion is made and seconded to adjourn, it shall be in order for the presiding officer before putting the question, to permit any member to state any fact to the council relating to the condition of the business of the council which would seem to render it improper to adjourn at that time. Such statement shall not be debatable and shall not be of more than two minutes duration. (Ord. 375 (part), 1975)

2.04.275 City council member salary.

Pursuant to California Government Code Section 36516, commencing December 2022 the salary for city council members shall be six hundred and sixty dollars per month and may be adjusted in accordance with state law. Such salary shall be payable in the same manner as salaries are paid to other officers and employees of the city. (Ord. 1054 § 2, 2022; Ord. 1032 § 2, 2019: Ord. 901 § 2, 2006)

2.04.280 Administrative procedures.

A. The administrative procedures of the city shall be established through formal documents approved by the city manager.

B. In the absence of established administrative procedures, the appropriate department head may establish an interim procedure pending the formal action of the city manager on the subject provided that the procedure has been submitted to the city manager’s office for later review.

C. In cases of conflict between such administrative procedure and: state law, federal law, council resolution, council ordinance or council policy adopted pursuant to Section 2.04.070, the latter shall supersede the administrative procedure. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.285 Public participation at meetings.* Revised 2/24

The chair of the meeting may establish a uniform time limit for public comments.

A. Comments on Nonagendized Items. Members of the public may address the city council on any consent item, or on any topic within the subject matter jurisdiction of the city council that is not on the general government or public hearing section of the agenda, during the oral communications portion of the agenda. Individuals may not speak more than once during oral communications. All speakers must address their comments to the city council.

B. Comments on Agendized Items. Members of the public may address the city council on any general government or public hearing item during the public comment period on that particular item. Individuals may not speak more than once during the public comment period. All speakers must address their comments to the city council.

C. Removing an Item From Consent. Any council member may pull an item from the consent calendar by motion. Items pulled from the consent calendar will be considered following general government items. (Ord. 1064 § 2 (Exh. A), 2023)

* Code reviser’s note: Ord. 1064 adds these provisions as Section 2.04.290. They have been editorially renumbered to prevent duplication of numbering. Section 2.04.285 previously contained provisions concerning the redevelopment agency, adopted by Ord. 505 and repealed by Ord. 1038.

V. City Manager

2.04.290 Office established.

The office of city manager is established by Chapter 2.08. (Ord. 375 (part), 1974)

2.04.300 Powers and duties.

The powers, duties and responsibilities of the city manager shall be set forth in Chapter 2.08. In addition to those responsibilities therein set forth it shall be his or her responsibility to cause to be prepared administrative manuals setting forth administrative rules, regulations and procedures necessary for the proper functioning of a coordination among all departments of city government. These administrative manuals shall be consistent with the provisions of the code and city ordinance. (Ord. 375 (part), 1974)

VI. City Clerk

2.04.310 Office created.

The office of city clerk is established pursuant to Government Code Sections 40800 through 40814 subject to the modifications set forth in Section 2.04.600. This office shall be under the direct control of the city clerk as to statutory duties but subject to the general administrative direction of the city manager. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.320 Powers and duties.

The powers and duties of the city clerk shall be as set forth in applicable Government Code sections. (Ord. 375 (part), 1974)

2.04.325 Insurance and claims.* Revised 2/24

Process all insurance matters and claims against the city. (Ord. 1064 § 2 (Exh. A), 2023)

* Code reviser’s note: Ord. 1064 adds these provisions as Section 2.04.330. They have been editorially renumbered to prevent duplication of numbering.

VII. City Attorney

2.04.330 Office created.

The office of the city attorney is created pursuant to Government Code Sections 41800 through 41804. (Ord. 375 (part), 1974)

2.04.340 Powers and duties. Revised 2/24

The powers and duties of the city attorney are set forth in Government Code Sections 41801 through 41804. In addition to those powers and duties therein set forth, the city attorney shall be responsible for and be required to:

A. Legislation. Keep the council and city manager informed as to all legislation affecting the city government;

B. Repealed by Ord. 1064;

C. Meetings. Attend designated meetings of boards, commissions and special committees of the city government, and represent city departments and offices before state and local courts, boards or commissions when there is opposing counsel;

D. Proposed Legislation. Prepare and promote state and federal legislation proposed by the city;

E. Annexation Proceedings. Process all annexation proceedings;

F. Ordinance Summaries. For any ordinance, which is lengthy and which can be adequately summarized, the city attorney is empowered to prepare, as an alternative to publishing the full text of the proposed ordinance, a summary in the manner set forth in Government Code Section 36933. (Ord. 1064 § 2 (Exh. A), 2023; Ord. 591, 1985; Ord. 375 (part), 1974)

VIII. City Treasurer

2.04.350 Office created.

The office of city treasurer is created pursuant to Government Code Sections 41001 through 41007. (Ord. 1028 § 1 (part), 2019: Ord. 375 (part), 1974)

2.04.360 Powers and duties.

The powers and duties of the city treasurer shall be as set forth in applicable Government Code sections. (Ord. 1028 § 1 (part), 2019: Ord. 375 (part), 1974)

2.04.365 Appointment.

The city manager shall nominate a city treasurer for consideration by the city council, which may appoint the nominee with a majority vote. (Ord. 1028 § 1 (part), 2019)

IX. Department of Public Works

2.04.370 Created.

The department of public works is created. (Ord. 375 (part), 1974)

2.04.380 Director – Appointment. Revised 2/24

The director of public works shall be the head of the department of public works and shall be appointed by the city manager. (Ord. 1064 § 2 (Exh. A), 2023; Ord. 375 (part), 1974)

2.04.390 Director – Powers and duties.

In all cases where the duty is not expressly charged to any other department or office, it shall be the duty of the director of public works to act to secure and preserve the physical properties of the city and to direct and control all the functions assignable to this department. The director of public works shall:

A. Public Works and Utilities. Supervise the construction, inspection maintenance and operation of the city’s public works;

B. Buildings and Installations. Direct and be responsible for the proper maintenance of city-owned buildings and installations which are not directly assigned to another department or office or which may be assigned by the city manager;

C. Laws and Regulations. Enforce the laws, ordinances and regulations relating to work done in public streets, easements and rights-of way;

D. Engineering Work. Perform or direct all phases of engineering work required in connection with the functions of the city;

E. Contract Work. Approve for acceptance after proper inspection all contract work let by the city affecting streets, alleys;

F. Other Duties. Perform such other duties as may be required by the city manager. (Ord. 357 (part), 1974)

X. Department of Police

2.04.450 Created.

The department of police is created. (Ord. 375 (part), 1974)

2.04.460 Chief – Appointment.

The police department shall be under the direct supervision of a chief of police who shall be appointed by the city manager. (Ord. 375 (part), 1974)

XI. Director of Finance

2.04.600 Powers and duties. Revised 2/24

The power and duties of the director of finance are as follows:

A. With respect to the city’s accounting and necessarily related matters, the director of finance shall act within the official and professional rules of his or her profession and may not be directed to act contrary to those rules.

B. The director of finance prepares, or supervises preparation of, the city’s annual financial report(s); oversees annual independent audits; and interfaces with independent auditor(s).

C. The director of finance conducts, directs and/or oversees all investigative and corrective accounting projects.

D. As requested, the director of finance advises and consults with the city treasurer on accounting and financial matters relative to his or her office. The director of finance is not staff to the city treasurer, but works closely with and assists that office. The director of finance may serve as the city treasurer.

E. “Finance” and “financial” primarily refers to accounting, reporting and information management aspects of city/agency fiscal activities and procedures related to those activities. It does not include providing advice as to the social desirability of any proposed expenditure over another.

F. Pursuant to Government Code Section 37209, the director of finance shall have the powers and duties otherwise vested in the city clerk under the Government Code Sections 37203, 37205, 37207, 37208, 40802 and 40804. (Ord. 1064 § 2 (Exh. A), 2023; Ord. 1028 § 1 (part), 2019: Ord. 830 § 1, 2001)