Chapter 2-1
CITY COUNCIL
Sections:
2-1-03 Meetings: Closed Session: Confidentiality: Authorization: Definition: Violation: Penalty.
2-1-05 Enumeration of Officers and Terms.
2-1-06 Establishment of Council Districts.
2-1-01 Meetings: Place.
The regular meetings of the Council shall be held in the Yosemite Community Room of Turlock City Hall at 156 South Broadway, Turlock, California.
(Ord. 940-CS, Amended, 11/12/1998; 632-CS, Amended, 03/24/1988; 656, Amended, 01/14/1962)
2-1-02 Meetings: Time.
The regular meetings of the Council shall, unless canceled by motion passed by a majority of members present, be held on the second and fourth Tuesdays of each month at the hour of 6:00 p.m., unless such meeting date shall coincide with Christmas Eve (December 24th) or any holiday on which City Offices are closed, in which event the regular meeting shall be held on the third Tuesday of the month in which the holiday falls.
Notwithstanding the foregoing, the Council shall hold at least one (1) regular meeting every month as required by Government Code Section 36805.
(1193-CS, Amended, 02/27/2014; 1180-CS, Amended, 03/28/2013; 687-CS, Amended, 01/27/1990; 541-CS, Amended, 11/27/1984; 533-CS, Amended, 06/21/1984; 340-CS, Amended, 06/01/1978; 656, Amended, 01/14/1962)
2-1-03 Meetings: Closed Session: Confidentiality: Authorization: Definition: Violation: Penalty.
(a) No person in attendance at a closed or executive session of the City Council of the City of Turlock shall release, disclose or discuss, in any manner or form, or cause to be released, disclosed or discussed, any item, information or document reviewed, discussed or acted upon in closed or executive session of the City Council of the City of Turlock unless
(1) prior written authorization of the City Council is obtained pursuant this Chapter; or
(2) the information is made public by reason of an appeal and transfer of jurisdiction to a court of law; or
(3) the individual or agent therefor making such release or disclosure is the individual or party that is the subject of the closed or executive session.
(b) Authorization. Authorization to release, disclose or discuss any closed or executive session item, information or document outside of closed or executive session shall be granted only upon a majority vote of the City Council members present in the closed or executive session where the item, information or document was discussed or acted upon.
(c) Definition. For the purposes of this section, “Closed or Executive Session” shall mean and include any meeting of the City Council not open to the public and held pursuant to California Government Code Sections 54956.7 et seq or any amendment thereto, which includes, but is not limited to, the following:
(1) License applications; rehabilitated criminals (California Government Code Section 54956.7);
(2) Real property transactions (California Government Code Section 54956.8);
(3) Pending litigation (California Government Code Section 54956.9(a));
(4) Potential litigation (California Government Code Section 54956.9(b)(1); 54956.9(c));
(5) Insurance pooling; tort liability losses; public liability losses; workers’ compensation liability (California Government Code Section 54956.95);
(6) Personnel hearing to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against such employee (California Government Code Section 54957);
(7) Salaries, salary schedules or fringe benefits (California Government Code Section 54957.6).
(d) Penalty for Violation. Violation of this section is punishable as provided in Turlock Municipal Code Section 1-2-01.
(771-CS, Added, 04/09/1992)
2-1-04 Voting.
(a) Every member of the Council who is present when a roll is called shall vote for or against the question, except as hereinafter provided.
(1) A member of the Council is disqualified from voting due to a conflict of interest pursuant to State law. The member shall declare the conflict and abstain from participating in the Council’s deliberations and decision regarding that matter.
(1143-CS, Added, 08/10/2010)
2-1-05 Enumeration of Officers and Terms.
The elective officers of the City of Turlock shall be a Mayor and four (4) Council members. The Council shall consist of the Mayor and four (4) Council members, each of whom, including the Mayor, shall have the right to vote on all questions coming before the Council. The term of office of the Mayor shall be four (4) years, and the term of office of each Council member shall be four (4) years.
(1197-CS, Added, 12/10/2014)
2-1-06 Establishment of Council Districts.
(a) The districting plan establishing four (4) Council districts shall be approved by the voters of the city at-large. The districting plan shall be adjusted by ordinance of the City Council to equalize population among the districts before the first day of November of the year following the year in which each decennial federal census is taken, in accordance with Elections Code Section 21602. The boundaries and the number of each of the four (4) electoral districts for City Council are set forth in Exhibit A to the ordinance codified in this section, including a map of the districts, which is incorporated herein by reference. Any districting plan shall be adopted by ordinance subject to referendum. The City Clerk is authorized to make non-substantive technical adjustments to the district boundaries not affecting the population of any district, the eligibility of candidates, or the residence of elected officials within any district.
(b) Each Council district shall be assigned a district number, with districts numbered one through four as indicated in Exhibit A to the ordinance codified in this section. The districting plan adjusted for census data shall include boundaries for each of the four (4) Council member election districts for use in the November 2016 and November 2018 regular municipal elections.
The Council members of the two (2) even-numbered districts shall be elected by-district in November of 2016 for a term of four (4) years. The Council members of the two (2) odd-numbered districts shall be elected by-district in November 2018 for a term of four (4) years. After the approval of the ordinance codified in this section at the regular municipal election of November 2014 all persons appointed to fill vacancies on the City Council and all persons elected to fill vacancies on the City Council at a special municipal election shall reside within the district to which they are appointed or elected.
(c) A period of transition from at-large elections to district elections will occur from the time of adoption of the first districting plan to the time that the by-district elections are held for all Council member districts. During this period of transition, each Council member elected at-large in the regular municipal election of November 2014 will be designated by the Council as the Council member representing Districts One or Three in the districting plan whether or not that Council member resides in the district. The first by-district elections for Districts Two and Four shall occur during the regular municipal election in November 2016. The first by-district elections for Districts One and Three shall occur during the regular municipal election in November 2018. Nothing contained herein shall prevent an incumbent Council member at the time of the effective date of the ordinance codified in this section from running for a Council district in which that Council member resides other than the district for which that member currently holds office, if the Council member is otherwise eligible to run in that district and vacates the office of Council member for the district of nonresidency if elected. No Council member may hold office in more than one (1) district.
Each incumbent Council member elected at-large shall be allowed to complete the term for which he or she was elected regardless of the district of residency, so long as they otherwise remain eligible to hold the office and have not been removed for cause or elected to another office. For purposes of this section “by-district” shall mean that the Council member shall reside within the district and be elected by the voters of that district only.
(1197-CS, Added, 12/10/2014)
2-1-07 Method of Election.
(a) Mayor. The Mayor shall be elected at the regular municipal election in November of 2014 and every four (4) years thereafter, by the voters of the City at-large, and must reside within the City boundaries. The Mayor shall be elected by the voters of the City at-large.
(b) District Council members. One member of the City Council shall reside in each of the four (4) electoral districts established by the ordinance codified in this section and shall be elected by a vote of the voters of that district only. Each district shall elect one (1) Council member. Except as provided in subsection (c) of this section, a Council member of each district must live in that district and must be a registered voter in that district to be eligible to hold the office of Council member for that district, and a candidate for any district must live in that district and must be a registered voter in that district to be eligible to run for the office of Council member for that district. Only voters who live in a district shall be eligible to vote in the election for Council member of that district. Each Council member must reside within the district for the full term of office; termination of residency within the district shall create an immediate vacancy for that Council district unless a substitute residence within the district is established within thirty (30) days of termination of residency.
(c) Election of Council members. The members of the Council in office at the time the ordinance codified in this section takes effect shall continue in office until the expiration of their terms and until their successors are elected and qualified. If a tie vote makes it impossible to determine which of two (2) or more candidates has been elected, said tie shall be settled by the drawing of lots, the procedure for which shall be determined by the Council. No candidate shall file for more than one (1) elective office. Any member of the Council may run for the office of Mayor, and upon election as Mayor shall forfeit the office of Council member of any district.
(1197-CS, Added, 12/10/2014)