Chapter 2.04
CITY COUNCIL*
Sections:
2.04.010 Council Meetings – Regular.
2.04.020 Establishment of City Council Meetings – Conflict with Holidays.
2.04.030 Council Meetings – Special.
2.04.040 Council Meetings – Special – Notice.
2.04.060 Council Meetings – Quorum.
2.04.070 Council Meetings – Maintenance of Order.
2.04.080 Council Meetings – Rules of Order.
2.04.090 Council Meetings – Order of Business.
2.04.100 Council Meetings – Consent.
2.04.110 Council Meetings – Appearances.
2.04.120 Council Meetings – Failure to Attend.
2.04.140 Reconsideration of Council Action.
2.04.160 Council Right of Review.
2.04.170 Campaign Disclosure Statements, Electronic Filing.
* For statutory provisions on City Council meetings, see Government Code § 36801 et seq. and § 54950 et seq.; for provisions on the City Council, see Government Code § 36512 et seq. Prior legislation: Ords. 2, 217, 71 N.S., 121 N.S., 201 N.S., 251 N.S., 90 C.S. and 266 C.S.
2.04.010 Council Meetings – Regular.
The City Council shall hold regular meetings as follows:
A. 4:30 p.m. (open session, the regular meeting) on the first Tuesday of each month in the City Hall Council Chambers, unless otherwise established from time to time by City Council resolution.
B. 4:30 p.m. (tour of inspection) on the Monday prior to the regular meeting of each month, if necessary, for the purpose of permitting the City Council to consider in the field those items that should be viewed by the Council prior to Council action, unless otherwise established from time to time by resolution of the City Council. (Ord. 2007-01 § 1, 2007; Ord. 98-6 § 1, 1998; Ord. 93-6 § 1, 1993; Ord. 88-20 § 2, 1988; Ord. 86-16 § 1, 1986; Ord. 84-17 § 1, 1984; Ord. 84-11 § 1, 1984; Ord. 83-9 § 1, 1983; Ord. 81-27 § 1, 1981; Ord. 80-6 § 1, 1980; Ord. 77-6 § 1, 1977; Ord. 76-6 § 1, 1976; Ord. 101 C.S. § 1, 1964; Code 1975 § 200).
2.04.020 Establishment of City Council Meetings – Conflict with Holidays.
A. In December of each year, the City Council shall place on its agenda for the regular meeting its calendar for the following year. The Mayor and Mayor Pro Tempore will meet prior to the December meeting to develop the calendar for presentation to the City Council.
B. In the event any regular meeting or tour of inspection of the City Council falls on a legal City holiday, the City Council shall hold the meeting at the stated hour and place agreed to and adopted by City Council resolution. (Ord. 98-6 § 1, 1998; Ord. 93-6 § 2, 1993; Ord. 76-6 § 2, 1976; Ord. 101 C.S. § 1, 1964; Code 1975 § 200.01).
2.04.030 Council Meetings – Special.
The Mayor or three Council members may call a special meeting as provided for in Section 54956 of the Government Code of the State of California. At any special meeting, the City Council shall act only on those items referred to on the notice of said meeting. (Ord. 98-6 § 1, 1998; Ord. 101 C.S. § 1, 1964; Code 1975 § 201).
2.04.040 Council Meetings – Special – Notice.
Notices of special meetings shall be in accordance with the Government Code of the State of California. (Ord. 98-6 § 1, 1998; Ord. 106 C.S., 1964; Ord. 101 C.S. § 1, 1964; Code 1975 § 201.1).
2.04.050 Closed Session.
The City Council may meet from time to time in closed session, upon proper notice pursuant to the Ralph M. Brown Act, to consider such matters appropriate for closed session in accordance with applicable State law. (Ord. 98-6 § 1, 1998; Ord. 101 C.S. § 1, 1964; Code 1975 § 202).
2.04.060 Council Meetings – Quorum.
A three-member majority of the Council constitutes a quorum for transaction of business. (Ord. 98-6 § 1, 1998; Ord. 101 C.S. § 1, 1964; Code 1975 § 203).
2.04.070 Council Meetings – Maintenance of Order.
Any member of the Council, or other person, using profane, vulgar, loud or boisterous language at any meeting, or otherwise interrupting the proceedings, who refuses to be seated or quiet when so ordered by the Mayor or Mayor Pro Tempore shall be removed from the Chambers by the Chief of Police, or in her/his absence her/his representative, upon order of the presiding officer to eject any such person from the Council Chambers. (Ord. 98-6 § 1, 1998; Ord. 101 C.S. § 1, 1964; Code 1975 § 214).
2.04.080 Council Meetings – Rules of Order.
The proceedings of the Council shall be established by the City Council and entitled “Rules of Procedure” which shall be adopted by resolution. In the absence of such rules, the City Council may be governed by rules set forth in the latest edition of “Robert’s Rules of Order,” but no ordinance, resolution, order, or other action of the Council shall be invalidated or the legality thereof affected by the failure or omission to observe or follow the rules. (Ord. 98-6 § 1, 1998; Ord. 101 C.S. § 1, 1964; Code 1975 § 215).
2.04.090 Council Meetings – Order of Business.
A. The sequence of the orders of business shall be established by a resolution of the City Council.
B. The regular order of business may be suspended by a majority vote of the members of the City Council. (Ord. 98-6 § 1, 1998; Ord. 88-20 § 2, 1988; Ord. 87-8 § 1, 1987; Ord. 86-4 §§ 1, 2, 1986; Ord. 82-26 § 1, 1982; Ord. 79-21 § 1, 1979; Ord. 101 C.S. § 1, 1964; Code 1975 § 212).
2.04.100 Council Meetings – Consent.
Routine and noncontroversial items may be listed early on the agenda under a combined consent calendar. Any Council member or member of the public may cause an item on the consent calendar to be deferred for separate consideration before the vote. The vote on the consent calendar shall apply to each item still remaining thereon at the time of vote. (Ord. 98-6 § 1, 1998; Ord. 79-26 § 1, 1979; Code 1975 § 212.2).
2.04.110 Council Meetings – Appearances.
A. Under item “Appearances” of the order of business, the chair shall permit members of the public to address the City Council on matters which are not on the agenda, but action on these items at the current meeting is prohibited by State law.
B. At other times during the Council meeting, any citizen may request the privilege of speaking to the City Council on matters on the agenda and under consideration by the Council. The chair shall permit such citizens to speak within the time limits established by the City Council.
C. The members of the Council shall remain seated while the Council is in session; they shall address their remarks to the Chair, and, with the chair’s permission, to other members of the City Council. Members of the City Council shall not address remarks to members of the public who may be in attendance at the meeting. Questions to be directed to members of the public and members of the City staff concerning matters under discussion by the Council shall be directed only through the chair. (Ord. 98-6 § 1, 1998; Ord. 79-21 § 1, 1979; Ord. 101 C.S. § 1, 1964; Code 1975 § 212.1).
2.04.120 Council Meetings – Failure to Attend.
Any Council member who, when neither sick nor absent from the City at the time the meetings are held, is absent from three consecutive regular meetings shall be deemed to have forfeited title to the office of Council member, and the remaining members or a majority thereof may cause an action to be brought in the Superior Court to have the office declared vacant. (Ord. 98-6 § 1, 1998; Ord. 101 C.S. § 1, 1964; Code 1975 § 203.1).
2.04.130 Vacancies.
Vacancies on the City Council shall be filled as provided for in the Government Code of the State of California. (Ord. 98-6 § 1, 1998; Ord. 76-23 § 1, 1976; Code 1975 § 216).
2.04.140 Reconsideration of Council Action.
Any City Council member voting in the majority on any given item may move reconsideration of Council action on that item for consideration at a future meeting. (Ord. 98-6 § 1, 1998; Ord. 127 C.S. § 1, 1966; Code 1975 § 211.1).
2.04.150 Council Committees.
Council committees shall be appointed by the Mayor and ratified by the City Council. The committee shall act in an advisory capacity making recommendations to the City Council on questions for which City Council decision is appropriate. (Ord. 98-6 § 1, 1998; Ord. 78-8 § 2, 1978; Ord. 101 C.S. § 1, 1964; Code 1975 § 210).
2.04.160 Council Right of Review.
A. Upon the written request of two members of the City Council, as individuals, the City Council shall review any decision of a City board, commission, or committee. Requests made pursuant to this section must be filed with the City Clerk within 10 working days following the date of final action by the board, commission, or committee.
B. After two members of the City Council each file a written request for Council review of a decision of a board, commission, or committee, the City Clerk, after considering whether sufficient time remains to notice the review for public hearing before a forthcoming Council meeting, shall set the date on which the Council will hold a hearing. Noticing shall be consistent with that specified in the municipal code. At the time of City Council review of the matter, the Council may uphold the decision of the board, commission, or committee, amend the decision and/or conditions attached to the decision, overturn the decision, or remand the matter to the board, commission or committee for further consideration. (Ord. 2008-08, 2008; Ord. 91-3 § 1, 1991).
2.04.170 Campaign Disclosure Statements, Electronic Filing.
A. General.
1. Any elected officer, candidate, committee, or other person required to file statements, reports or other documents (“statements”) as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) (“filers”) shall file such statements using the City Clerk’s online system according to procedures established by the City Clerk (the “procedures”).
2. The City Clerk shall have the authority to establish and amend the procedures, as necessary, to accomplish the following:
a. Ensure that the online system complies with the requirements set forth in Section 84615 of the Government Code, as may be amended from time to time;
b. Meet the purpose and intent of this section and comply with other applicable law; and
c. Ensure the integrity of the data transmitted and include safeguards against efforts to tamper with, manipulate, alter, or subvert the data.
3. Online filings made under this chapter will only be accepted if made in the standardized record format that is developed by the California Secretary of State pursuant to Section 84602(a)(2) of the California Government Code, as may be amended from time to time, and that is compatible with the Secretary of State’s system for receiving an online or electronic filing.
B. Procedures for Utilizing Online Filing.
1. During the period commencing with the effective date of this section, an elected officer, candidate, or committee shall use the electronic filing system by electronically filing a statement that is required to be filed with the City Clerk pursuant to Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.), unless the officer, candidate or committee is exempt pursuant to California Government Code Section 84615.
2. Any elected officer, candidate, or committee who has electronically filed a statement using the City Clerk’s online system is not required to file a copy of that document in paper format with the City Clerk.
3. The City Clerk shall issue an electronic confirmation that notifies the filer that the statement was received, which notification shall include the date and the time that the statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a statement filed online shall be the day that it is received by the City Clerk.
4. If the City Clerk’s online system is not capable of accepting a statement, an elected officer, candidate, or committee shall file that statement in paper format with the City Clerk.
5. The online or electronic filing system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury and verify filings pursuant to Section 81004.
6. The online filing system shall enable electronic filers to complete and submit filings free of charge.
C. Availability of Statements for Public Review, Record Retention.
1. The City Clerk’s system shall make all the data filed available on the internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. The data made available on the internet shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The City Clerk’s office shall make a complete, unredacted copy of the statement, including any street names, building numbers, and bank account numbers disclosed by the filer, available to any persons, and available to any person upon request.
2. The City Clerk’s office shall maintain, for a period of at least 10 years commencing from the date filed, a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits and any other legal purpose. (Ord. 2020-07 § 2, 2021).