Chapter 1.04 CITY COUNCIL

That certain one-story building located on Lots 4, 5 and 6 of Tract No. 3477, as per map of said tract recorded in Book 38 at pages 11 and 12 of maps, records of the county of Los Angeles, state of Califor-

nia, on file in the office of the recorder of said county, and on Lots 283, 284 and 285 of Tract No. 3722, as per map of said tract recorded in Book 40 at page 54 of maps, records of said county, on file in the office of said recorder, shall be and the same is hereby named and designated as the city hall of, in and for the said city of South Gate.

(Ord. 439 § 1, 1-12-42)

1.04.020 Address of city hall.

The main entrance to said city hall shall be and the same is hereby fixed and designated as number 8650 California Avenue in said city.

(Ord. 439 § 2, 1-12-42)

1.04.030 Council chamber.

That certain room in said city hall, approximately twenty-eight feet by sixty-two feet, having an area of approximately one thousand seven hundred thirty-six square feet and having its main entrance from the main hall in said city hall building at a point approximately forty-eight feet north of the main lobby of said building, shall be and the same is hereby fixed, designated and established as the council chamber of the city council of the city of South Gate, and the said entrance at said location shall be and the same is hereby designated as the main entrance to said council chamber and the doors in said entrance shall be and the same are hereby fixed, designated and established as the council chamber doors.

(Ord. 439 § 3, 1-12-42)

1.04.040 Regular meetings—Time and place.

Regular meetings of the city council shall be held on the second and fourth Tuesday of each month in the above-referenced council chamber, commencing at the hour of six-thirty p.m., and at such other time or place as the city council may designate in its order of adjournment of any regular meeting. If any regular meeting date shall fall upon a holiday, then the city council shall hold its regular meeting on the next succeeding business day at the time and place herein designated.

(Ord. 2330 § 1, 9-27-16: Ord. 2136 § 1, 2-24-03: Ord. 2085 § 1, 9-11-01: Ord. 2049 § 1, 7-13-99: Ord. 1892 § 1, 12-9-91: Ord. 968 § 2, 6-14-65: Ord. 439 § 4, 3-8-43: Ord. 545, 9-2-46: Ord. 582, 8-25-47: Ord. 719, 7-26-54)

1.04.060 Notice of meetings.

Notice of all meetings of the city council, whether regular, adjourned, special or emergency, shall be given in the manner required by statute.

(Ord. 1892 § 2, 12-9-91: Ord. 439 § 6, 1-12-42)

1.04.065 Salary of members—Purpose.

Sections 1.04.065 through 1.04.065.6 are enacted pursuant to Section 36516 of the Government Code, authorizing the council to provide by ordinance that each member of the council shall receive a prescribed salary the amount of which is based upon the population of the city as determined by estimates made by the State Department of Finance.

(Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 982 § 1 (part), 11-2-65)

1.04.065.1 Same—Population.

The population of the city of South Gate shall be the latest current estimate as provided by the California Department of Finance.

(Ord. 2330 § 2, 9-27-16: Ord. 2133 § 2, 1-27-03: Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 1713 § 1, 9-8-86: Ord. 1366 § 1, 1-30-78; Ord. 982 § 1 (part), 11-22-65)

1.04.065.2 Same—Compensation.

Each member of the council of the city of South Gate shall receive, as compensation, the sum of seven hundred ninety dollars per month, as prescribed in Section 36516 of the California Government Code for cities with a population of over seventy-five thousand and up to and including one hundred fifty thousand in population, which shall be payable from and after January 1, 2023, at the same time and in the same manner as the salaries and compensation are paid to other officers and employees of the city of South Gate, California.

(Ord. 2022-11-CC § 2, 12-13-22; Ord. 2335 § 1, 4-11-17: Ord. 1713 § 2, 9-8-86: Ord. 1366 § 2, 1-30-78: Ord. 982 § 1 (part), 11-22-65)

1.04.065.3 Same—Increase or decrease.

Following any new and later estimate of population made by the Department of Finance placing the city of South Gate, California, in a population group other than that set forth in Section 1.04.065.2 hereof, the compensation hereby payable to each member of the council shall be increased or decreased accordingly to equal the sum prescribed for that population group in Section 36516 of the Government Code; provided, however, that the compensation as so increased or decreased shall become payable only on and after the date upon which one or more members of the council become eligible therefor by virtue of beginning a new term of office following the next succeeding general municipal election held in the city of South Gate.

(Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 982 § 1 (part), 11-22-65)

1.04.065.4 Same—Reimbursement.

The compensations prescribed herein are and shall be exclusive of any amounts payable to each member of the council as reimbursement for actual and necessary expenses incurred by him/her in the performance of official duties for the city of South Gate. The definition of actual and necessary expenses, as well as the provision for such payments, will be established by administrative regulation.

(Ord. 2207 § 1, 2-28-06: Ord. 982 § 1 (part), 11-22-65)

1.04.066 Restrictions relating to the use of city staff time and/or supplies.

A. Any work assignment to be performed by city staff members at the request of a city council member which exceeds two hours in estimated time for completion shall require a majority vote of approval by the city council.

Any work assignment to be performed by city staff members at the request of a city council member which exceeds fifty dollars in estimated costs for supplies, materials and equipment use shall require a majority vote of approval by the city council.

B. Penalty. Any city council member who violates this section shall be required to reimburse the city for all staff time in excess of two hours and costs of supplies, materials and equipment use.

C. The city manager shall establish an administrative policy for the monitoring, regulating and enforcement of this section. The city manager shall be responsible to report to the city council all apparent violations of this chapter and shall calendar such violations for a hearing before the entire city council to consider the alleged violation and possible penalty.

D. No punitive or disciplinary action may be taken against any staff member who reports a member of the city council.

(Ord. 2007 § 1, 7-9-96)

1.04.070 Quorum—Compelling attendance.

(a) Quorum Required. The city council may only deliberate on matters before them and otherwise conduct the business of the city at a lawfully held meeting during which a quorum of their members, as herein defined, are, and continue to remain, present.

(b) Quorum Defined. A quorum, as used herein, shall be the majority of the council.

(c) Option to Compel Attendance. The mayor, or any two members of the city council, may sign a written order requiring the attendance of any councilperson who may then and there be absent from any such meeting. It shall be the duty of the chief of police, or his delegate, to personally deliver any such order to such councilperson.

It shall be unlawful for any member of the council to fail or refuse to attend any such meeting, immediately, or as soon as is practicably possible, after the personal delivery (by any person) of any such written order on such absent councilperson unless such absent councilperson is then and there injured, ill or incapacitated to such an extent to preclude such attendance on his part or unless he is so precluded by the serious illness or injury of any member of his immediate family.

(Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 1744 § 1, 6-22-87: Ord. 439 § 7, 1-12-42)

1.04.080 Adjournment or postponement when all members absent.

In the absence of all of the members of the city council from any regular meeting or adjourned regular meeting, the city clerk may declare the same postponed and adjourned to a stated day and hour, and must thereupon deliver or cause to be delivered personally to each member of the city council a written notice of such adjournment at least three hours before the time to which such regular or any adjourned regular meeting has been adjourned.

(Ord. 439 § 8, 1-12-42)

1.04.090 Time for holding adjourned meeting.

In the event any order of adjournment of a regular meeting fails to state the hour at which any adjourned meeting is to be held, such adjourned meeting may be validly held on the day specified in the order of adjournment if held at the hour herein prescribed for regular meetings.

(Ord. 439 § 9, 1-12-42)

1.04.100 Disturbance of assembly or meeting other than religious or political.

Every person who, without authority or law, wilfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, is guilty of a misdemeanor. (Penal Code 403).

(Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 1530 § 1, 8-9-82; Ord. 439 § 10, 1-12-42)

1.04.110 Rules of decorum for city council meetings.

A. Decorum. Meetings of the city council shall be conducted in an orderly manner to ensure that the public has a full opportunity to be heard and that the deliberative process of the council is retained at all times. The presiding officer of the city council shall be responsible for maintaining the order and decorum of meetings.

B. Rules of Decorum. While any meeting of the city council is in session, the following rules of order and decorum shall be observed:

1. Council Members. The members of the city council shall preserve order and decorum, and a member shall not by conversation or other means delay or interrupt the city council proceedings or disturb any other member while speaking.

2. City Staff Members. Employees of the city shall observe the same rules of order and decorum as those which apply to the members of the city council.

3. Persons Addressing the City Council. Oral communications from the public at city council meetings should not be a substitute for communications with city staff that can be conducted during the normal business hours of city government. The primary purpose of oral communications is to afford citizens the opportunity to communicate formally with the city council, as a body, on matters that cannot be addressed during the normal business hours of city government. Each person who addresses the council shall do so in an orderly manner and shall not make personal, impertinent, slanderous or profane remarks to any member of the council, staff or general public. Any person who makes such remarks, or who utters loud, threatening, personal or abusive language, or engages in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of any council meeting shall, at the discretion of the presiding officer or a majority of the city council, be barred from further audience before the city council during that meeting.

4. Members of the Audience. No person in the audience at a city council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, stamping of feet or other acts which disturb, disrupt or otherwise impede the orderly conduct of any city council meeting. No person carrying placards, signs, posters, packages, bundles, suitcases, or other large objects shall allow them to obstruct any person’s view of the proceedings. Any person who conducts himself in the aforementioned manner shall, at the discretion of the presiding officer or a majority of the city council, be barred from further audience before the city council during that meeting.

C. Addressing the City Council. A person wishing to address the city council regarding an item which is on the city council meeting shall step to the podium when instructed by the presiding officer. Persons wishing to discuss a non-agenda item shall step to the podium during the “oral communications” portion of the meeting. No person shall address the city council without first being recognized by the presiding officer. The following procedures shall be observed by persons addressing the city council:

1. Each person shall step to the podium provided for the use of the public and shall be requested to state his name and address; the organization, if any, which he represents; and, if during the “oral communications” portion of the meeting, the subject he wishes to discuss.

2. During the “oral communications” portion of the meeting, any subject discussed which the city council determines is not relevant to city business shall be concluded.

3. Each person addressing a specific city council agenda item shall confine his remarks to such agenda item.

4. Each person shall limit his remarks to the time period established by the presiding officer, unless additional time is granted by the city council.

5. All remarks shall be addressed to the city council as a whole and not to any single member thereof, unless in response to a question from such member.

6. No question may be asked of a member of the city council or of the city staff without permission from the presiding officer.

D. Enforcement of Decorum. The rules of decorum set forth above shall be enforced in the following manner:

1. Warning. The presiding officer shall request that a person who is violating the rules of decorum be orderly and silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him to leave the city council meeting. If such person does not remove himself, the presiding officer may order any law enforcement officer who is on duty at the city council meeting as sergeant-at-arms to remove that person from the council chambers.

2. Removal. Any law enforcement officer who is serving as sergeant-at-arms at the city council meeting shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order of decorum. Upon instruction of the presiding officer, it shall be the duty of the sergeant-at-arms to remove from the city council meeting and city council chambers to a location off of the city hall property any person who disturbs, disrupts or otherwise impedes the orderly conduct of any city council meeting.

3. Residing Removal. Any person who resists removal by the sergeant-at-arms shall be charged with a violation of this section.

4. Penalty. Any person who violates any provision of this section shall be guilty of a misdemeanor.

5. Motion to Enforce. If the presiding officer of the city council fails to enforce the rules set forth above, any member of the city council may move to require him to do so, and an affirmative vote of a majority of the city council shall require him to do so. If the presiding officer fails to carry out the will of a majority of the council, the majority may designate another member of the city council to act as presiding officer for the limited purpose of enforcing any provision of this section which it desires to enforce.

6. Adjournment. If a meeting of the city council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the meeting may be adjourned or continued by the presiding officer or a majority of the city council, and any remaining city council business may be considered at the adjourned or continued meeting.

(Ord. 2330 § 3, 9-27-16; Ord. 2133 § 3, 1-27-03: Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 1838 § 1, 7-9-90: Ord. 1506 § 1, 2-8-82: Ord. 1442 § 1, 4-28-80 (repealed): Ord. 439 § 11, 1-12-42)

1.04.111 Procedural rules of conduct.

A. Presiding Officer. The mayor of the city of South Gate, or in his or her absence, the vice mayor, or in the absence of both, one of the members of the council selected by the council, shall preside at all meetings. The decision of the presiding officer as to the interpretation and enforcement of the rules of procedure shall be final and conclusive, subject to an appeal of the presiding officer’s decision.

B. Meetings—Order of Business.

1. Regular Meetings. The order of business for all regular and adjourned regular meetings shall be as follows:

a. Invocation;

b. Flag salute;

c. Roll call;

d. Presentation of proclamations, certificates, introductions and other ceremonial actions;

e. Public hearings;

f. Comments from the audience concerning matters within the city’s jurisdiction and authority, and not on the agenda;

g. Reports and comments from department heads;

h. Reports and comments from the city manager;

i. Reports and comments from the city attorney;

j. Reports and comments from the city treasurer;

k. Reports and comments from the city clerk;

l. Reports and comments from the city council;

m. Consent Calendar Items. All items, including ordinances, resolutions and contracts, may be approved by the adoption of the consent calendar, individually and collectively, by one motion. There will be no separate discussion of these items unless members of the city council, staff or public request that specific items be removed from the consent calendar for separate discussion and action;

n. Any motion to introduce or adopt an ordinance on the consent calendar, shall be: (i) a motion to waive the reading of the ordinance and introduce the ordinance; or (ii) a motion to waive the reading of the ordinance and adopt the ordinance, as appropriate;

o. General business matters including ordinances, resolutions, reports, recommendations and requests from the city manager, city departments, commissions and matters placed on the agenda by a member of the city council; and

p. Adjournment. The order of business at regular and adjourned regular meetings may be changed in any given meeting where the circumstances require it upon the majority consent, by vote, of the members of the city council present at such meetings.

2. Special Meetings.

a. Roll call;

b. Transaction of business for which the special meeting is called; and

c. Adjournment.

(Ord. 2215 § 1, 7-25-06; Ord. 2136 § 2, 2-24-03: Ord. 2085 § 2, 9-11-01; Ord. 2049 § 2, 7-13-99; Ord. 1955 § 1, 8-10-93)

3. Special Meetings for Closed Session Matters.

a. Roll call;

b. Comments from the audience concerning closed session matters;

c. Recess into closed session;

d. Return from closed session;

e. Report by the city attorney on closed session matters;

f. Adjournment.

C. Rules of Debate. The mayor may debate and vote; he or she may move, second and debate from the chair, subject only to such limitations as are imposed by these rules on all members of the council, and he or she shall not be deprived of any of the rights and privileges of a council member by reason of his or her acting as the presiding officer.

D. Oral Presentations.

1. Any member of the council who desires to speak on any subject whatsoever shall be recognized by the presiding officer the speaking member shall not be interrupted except by the presiding officer to call him or her to order.

2. All comments, questions, remarks and other oral communications made at a council meeting shall be made directly to the presiding officer. The presiding officer may redirect the questions, comments and remarks to an appropriate third party for an answer thereon.

(Ord. 2330 §§ 4, 5, 9-27-16; Ord. 2215 § 1, 7-25-06; Ord. 2136 § 2, 2-24-03; Ord. 2133 § 4 (part), 1-27-03: Ord. 2085 § 2, 9-11-01; Ord. 2049 § 2, 7-13-99; Ord. 1955 § 1, 8-10-93; Ord. 1506 § 2, 2-8-82: Ord. 1442 § 2, 4-28-80 (repealed))

1.04.115 Placement of items on city council agendas.

A. In order to be placed on a city council meeting agenda, an item must have the signature of both the originating department/party and the city manager, or his designee in the event of the city manager’s absence.

B. In the event a council member requests an item be placed on the city council meeting agenda, the council member making such request must be identified on the agenda bill. The city manager must sign the agenda bill, not to confirm the accuracy of the report or the request, but merely for purposes of identifying that he has been informed of the request.

C. The city clerk shall accept only those items which contain the requisite signatures. Any item which does not include the required signatures shall not be placed on the city council meeting agenda.

D. In the event an item needs to be added to the city council meeting agenda after the established deadline and/or the posting of the agenda, this item may only be added at the request of a council member and must also comply with the above signature requirements and those applicable provisions of the Brown Act (Government Code Sections 54950 through 54962).

(Ord. 2029 § 1, 11-25-97)

1.04.120 Parliamentary rules.

Except as may be otherwise provided or superseded by law, including the provisions of any ordinance or the traditions, customs or practices of the city council, the proceedings of the council shall be reasonably governed by Robert’s Rules of Order, and it shall be the duty of the mayor or mayor pro tempore to reasonably adhere to and enforce such rules; provided, however, that a failure to observe or enforce such rules shall in no manner affect the regularity, validity or legality of any action or proceeding taken by or before said council.

(Ord. 2330 § 6, 9-27-16: Ord. 1744 § 2, 6-22-87: Ord. 439 § 12, 1-12-42)

1.04.130 Public places for posting notices.

The following places are officially designated as public places for the posting of all ordinances, resolutions or notices adopted or issued by the city in all cases where posting is required by law; however, posting such notice, ordinances or resolutions only at the city hall shall constitute valid legal notice of such action by the city:

City of South Gate

(next to the main doors)

8650 California Avenue

South Gate, California

Leland R. Weaver Library

(inside main entrance)

4035 Tweedy Boulevard

South Gate, California

(Ord. 2133 § 5, 1-27-03: Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. U-1940 § 1, 1-26-93: Ord. 439 § 13, 1-12-42)

1.04.150 Violation—Penalty.

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not to exceed three hundred dollars or by imprisonment in the city jail of the city of South Gate, California, or in the county jail of the county of Los Angeles, California, as the committing magistrate may direct, for a period of not to exceed three months, or by both such fine and imprisonment in the discretion of the court.

(Ord. 439 § 15, 1-12-42)

1.04.160 Investment authority.

A. The city council, on February 25, 1997, consistent with Government Code Section 53601, retained investment authority, and is ultimately responsible for all investment decisions.

B. Pursuant to Government Code Section 53607, the city council placed the authority for administration of the city’s investment program with the director of finance. As administrator of the city’s investment program, the director of finance is assigned full discretionary management of the city’s investments and shall report directly to the city council. The appointment of the director of finance as administrator of the city’s investment program shall be annually reviewed by the city council pursuant to the city’s statement of investment policy.

(Ord. 2028 § 1, 11-25-97)

1.04.170 Auditor.

A. One member of the city council shall be designated to serve as the city council auditor on behalf of the city council to review and verify the validity and accuracy of all warrants, including prepaid warrants, prior to the payments being submitted to the city council for approval.

B. The city council auditor shall be appointed by the mayor and shall serve in such capacity during the term of the appointing mayor, but not to exceed twelve months. Nothing contained in this chapter shall preclude a member of the city council from serving successive terms as the city council auditor. The city council member serving as city council auditor shall receive no additional compensation for serving in such capacity.

(Ord. 2028 § 2, 11-25-97)

1.04.180 Banking relationships.

The city council is the only city entity that can establish, retain, modify or terminate banking relationships and instructions on behalf of the city.

(Ord. 2028 § 3, 11-25-97)