Chapter 2.04 — CITY COUNCIL

The regular meetings of the City Council shall be held on the second and fourth Wednesday of each month, beginning at 11:00 a.m. and concluding by 2:00 p.m. on the same day. The City Council may, by motion and a simple majority vote, extend the meeting by thirty (30) minutes, allowing the meeting to end at 2:30 p.m. The Council may by another motion and simple majority vote extend the meeting an additional thirty (30) minutes to 3:00 p.m. Additionally, the City Council may, by a four-fifths (4/5) vote, extend the meeting beyond 3:00 p.m. When regular meetings are preceded by a closed session, the closed session shall begin at 10:00 a.m. and be adjourned by 11:00 a.m., to ensure the prompt commencement of the open session of the regular meeting. If additional time is required for the closed session, Council may go back into closed session after the open session of the City Council meeting. If the day for holding any regular meeting falls on a holiday, the meeting shall be held on the next business day, unless otherwise ordered by the City Council in a prior meeting. Study sessions shall be held as determined and noticed by the City Council in accordance with legal requirements.

[Ord. No. 655, Section 2, 4/9/25.]

Meetings shall be held at the City of Adelanto City Hall in the Council Chambers, unless otherwise ordered by the City Council. The address of City Hall is 11600 Air Expressway, Adelanto, California, 92301. Meetings may be held at an alternative location within the City limits as determined and noticed by the City Council in accordance with legal requirements. If by reason of fire, flood or other emergency it shall be unsafe to meet in the City Council Chambers, the meeting may be held for the duration of the emergency at such other place as is designated by the Mayor or, if he/she should fail to act, by four (4) members of the City Council. Special Meetings of the City Council shall be held at the place designated herein for regular meetings or at such other place as provided for in the notice and call of the meeting.

[Ord. No. 655, Section 2, 4/9/25.]

Any member or other person(s) using profane, vulgar, loud or boisterous language at any meeting or otherwise interrupting the proceedings, who refuses to be seated or kept quiet when ordered to do so by the Mayor or other presiding officer of the Council, is guilty of a misdemeanor. Any member or other person(s) or group(s) who otherwise disrupt a public meeting is subject to removal and arrest in accordance with Chapter 1.25 of this Code.

The City Council shall, by resolution, adopt rules of procedure and decorum to govern the conduct of its meetings, any of its other functions and activities, and regulations pertaining thereto.

Pursuant to City Charter Section 612, the City Council may, by ordinance, set the number of successive terms or years that a member of the City Council may serve.

A. Compensation of City Council and Elected Mayor.

1. Compensation shall be paid to each member of the City Council as prescribed in Government Code Sections 36516(a),

authorizing the City Council to provide by ordinance that each member of the City Council shall receive a prescribed salary, the amount of which shall be based upon the population of the City.

2. Effective the first day of December 2026, each member of the City Council shall receive as salary the sum of one thousand two

hundred seventy five dollars ($1,275.00) per month, as prescribed in Government Code Section 36516 for cities over 35,000 up to and including 50,000 in population; provided, however, that the City Council may increase that amount in accordance with Government Code Section 36516(a)(4) and (c).

3. Following any new and later authorized estimate of population or census placing the City in a population group other than that

set forth in Subsection 2 of this Section, the salary payable to each member of the City Council shall be increased or decreased accordingly to equal the sum prescribed for that population group in said Government Code Section 36516; provided, however, the salary so increased or decreased shall become payable only on and after the date upon which one (1) or more members of the City Council become eligible therefore by virtue or beginning a new term of office following the next succeeding general municipal election held in the City.

4. In accordance with Government Code Sections 34900 to 34904, inclusive, the electors have determined that the City Charter

shall be amended to provide for the office of an elected Mayor, commencing with the 2004 general municipal election. Pursuant to Government Code Section 34903, the Mayor is a member of the City Council and has all of the powers and duties of a member of the City Council. However, in accordance with Government Code Section 36516.1, the City Council may provide the elected Mayor with compensation in addition to that which he/she receives as a member of the City Council. Such additional compensation may be provided by an ordinance adopted by the City Council or by a majority vote of the electors voting on the proposition at a municipal election.

5. Effective the first day of December 2026, and in accordance with Government Code Section 36516.1, the City's elected Mayor

shall receive a salary in the amount of one thousand six hundred fifty seven dollars and fifty cents ($1,657.50) per month; provided, however, that the City Council may increase that amount in accordance with Government Code Section 36516(a)(4) and (c) and Section 36516.1.

6. In accordance with Government Code Section 36516.5, a change in compensation shall become payable only on and after the

date upon which one (1) or more members of the City Council become eligible therefore by virtue or beginning a new term of office following the next succeeding general municipal election held in the City.

B. Reimbursement of City Council and Elected Mayor. The compensation prescribed herein for the elected Mayor and the City Council is and shall be exclusive of any amounts payable to the elected Mayor and/or each member of the City Council as reimbursement for actual and necessary expenses incurred by him or her in the performance of official duties for the City; and, accordingly, the elected Mayor and each member of the City Council shall receive reimbursement for such actual and necessary expenses incurred in the performance of official duties for the City pursuant to the provisions of Government Code Section 36514.5, as amended from time to time. Such reimbursement shall be as established by policy adopted by the City Council.

C. Health and Welfare Benefits for the Mayor and City Council. In accordance with Government Code Sections 36516(d) and 53200 through 53210, and, in accordance with Government Code Section 53208.5, the City Council shall receive health and welfare benefits in accordance with the most generous schedule of benefits being received by any category of non-safety employees.

[Ord. No. 415, Section 1, 5/12/04; Ord. No. 469, 9/12/07; Ord. No. 492, 11/24/09; Ord. No. 595, Sections 1, 2, 9/26/18; Ord. No. 626, Sections 3, 4, 3/23/22; Ord. No. 656, Section 3, 5/14/25.]

Unless otherwise specifically provided in this Code or by State law, all City board and commission appointments, except for ex officio members where applicable, shall be made by the City Council.

A. Except when an appeals procedure is otherwise specifically set forth in this Code, any person excepting to the denial, suspension or revocation of a permit applied for or held by him pursuant to any of the provisions of this Code or other City ordinance, or to any administrative decision made by any official of the City, if the denial, suspension or revocation of such permit or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this Code or other City ordinance, may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal.

B. No appeal may be taken to any such administrative decision made by an official of the City pursuant to any of the provisions of this Chapter unless such decision to appeal has been first taken up with the department head concerned and with the City Manager, and each such official has not adjusted the matter to the appellant's satisfaction.

C. No right of appeal to the City Council from any administrative decision made by an official of the City pursuant to any of the provisions of this Code or other City ordinance shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this Code or other City ordinance, whether the administrative decision involves the denial, suspension or revocation of a permit or any other administrative decision. Also, there shall be no such right of appeal with regard to law enforcement activities involving State law.

A. Any notice of appeal to the City Council must be filed within fifteen (15) days of the date of service of notice of the decision or action pursuant to Section 1.10.030 of this Code or within fifteen (15) days of the decision or action if no notice of the decision or action is required to be given.

B. The notice of appeal shall set forth (1) the specific action appealed from, (2) the specific grounds of the appeal and (3) the relief or action sought from the City Council. In the event any notice of appeal fails to set forth any information required by this Section, the City Clerk shall return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five (5) days in which to perfect and refile the notice of appeal.

C. Except in those instances where an appeal is filed by the City Manager or other public official in pursuance of official duties, the written notice of appeal from the action of an administrative official or from an administrative body of the City, as the case may be, shall

be accompanied by a fee of fifty dollars ($50.00) or such other fee as may be required by other enactment or resolution of the City Council.

Upon the timely filing of a notice of appeal in proper form, the City Clerk shall schedule the matter promptly upon the City Council agenda at a subsequent regular meeting and shall cause notice thereof to be given the appellant not less than five (5) days prior to such hearing, unless such notice is waived in writing by the appellant. The City Clerk shall also cause a copy of the notice of appeal to be transmitted to the official or body whose action has been appealed from.

A. The City Council at the hearing may limit participation in the hearing to the directly interested parties or may allow participation by the public. Such public participation, however, shall only be appropriate when the City Council deems the same necessary in the public interest. If a hearing is ordered open to public participation, notice thereof shall be given by publishing notice of the same in a newspaper of general circulation in the City not less than five (5) days prior to the date of such hearing and by such other means as the City Council deems necessary.

B. At the time of consideration of the appeal by the City Council, the appellant shall be limited to a presentation on the specific grounds of appeal and matters set forth in his notice of appeal and shall have the burden of establishing cause why the action appealed from should be altered, reversed or modified. The City Council may continue the matter from time to time; and at the conclusion of its consideration may affirm, reverse or modify the action appealed from and may take any action which might have been legally taken in the first instance by the official or body from whose action the appeal has been taken. In ruling on the appeal, the findings and action of the Council shall be final and conclusive in the matter.