American Canyon Municipal Code Ch. 2.04 City Council

The regular meetings and regular study sessions

of the council commencing in January, 1992, shall be held as determined by enactment of the council.

Previously codified as 2.04.010

The regular meetings and study sessions of the council

shall be held at City Hall, located at 4381 Broadway Street, American Canyon. Special meetings of the council shall be held at the place designated in this section for regular meetings or such other place as provided for in the notice and call of the meeting.

Ord. 2009-14 § 1, 2009

Previously codified as 2.04.020

The mayor shall preside at city council

meetings, sign ordinances and resolutions adopted by the city council, and perform other functions of a mayor of general law city as required by state law and city ordinances and resolutions. If the mayor is for any reason absent from an official function, or is unable to perform his or her official duties, the vice mayor or mayor pro tempore may perform the official duties of the mayor until the mayor returns or is able to act.

Ord. 98-06 § 1, 1998

Any member or other person using profane, vulgar, loud or

boisterous language at any meeting or otherwise interrupting the proceedings, who refuses to be seated or keep quiet when ordered to do so by the mayor or other presiding officer of the council, is guilty of a misdemeanor.

Ord. 98-06 § 2, 1998

Previously codified as 2.04.030

The council shall, by resolution, adopt rules of procedure to govern the

conduct of its meetings, any of its other functions and activities, and regulations pertaining thereto.

Ord. 98-06 § 2, 1998

Previously codified as 2.04.040

(A) Compensation shall be paid to each member of the council in the amount authorized by Section 36516 of the Government Code and established by ordinance in addition to any other compensation permitted by applicable law.

(1) Consistent with Government Code Section 36516(a)(1), the city council establishes the compensation to be paid to each member at three hundred dollars per month.

(2) Consistent with Government Code Section 36516(c), the compensation to be paid to members shall be increased by five percent, which is an increase of fifteen dollars to the three hundred dollars.

(3) The ordinance codified in this chapter shall become effective on the 31st day from the date of its final passage.

(4) Notwithstanding the effective date of the ordinance codified in this chapter, consistent with Government Code Section 36516.5, the salaries of the members of the city council shall not be increased to three hundred fifteen dollars per month until November 3, 2004.

(B) The compensation prescribed in this section is and shall be exclusive of any amounts payable to each member of the council as reimbursement for actual and necessary expenses incurred by him or her in the performance of official duties for the city; and, accordingly, each member of the council shall receive reimbursement for such actual and necessary expenses incurred in the performance of official duties of the city, pursuant to the provisions of Section 36514.5 of the Government Code, as amended from time to time. Such reimbursement shall be as established by a policy resolution adopted by the council.

Ord. 2004-13, 2004

Ord. 98-06 § 2, 1998

Previously codified as 2.04.050

Unless otherwise specifically provided in this code or by state law, all

city board and commission appointments, except ex officio members where applicable, shall be made by the council.

Ord. 98-06 § 2, 1998

Previously codified as 2.04.060

(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 or her 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 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 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.

Ord. 98-06 § 2, 1998

Previously codified as 2.04.100

(A) Any notice of appeal to the council must be filed within fifteen days of the date of service of notice of the decision or action pursuant to Section 1.01.300 of this code, or within fifteen 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 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 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 or such other fee as may be required by other enactment of the council.

Ord. 98-06 § 2, 1998

Previously codified as 2.04.110

Upon the timely filing of a notice of appeal in proper form, the city

clerk shall schedule the matter promptly upon the council agenda at a subsequent regular meeting and shall cause notice thereof to be given the appellant not less than five days prior to such hearing, unless 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.

Ord. 98-06 § 2, 1998

Previously codified as 2.04.120

(A) The 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 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 days prior to the date of such hearing, and by such other means as the council deems necessary.

(B) At the time of consideration of the appeal by the council the appellant shall be limited to a presentation on the specific grounds of the 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 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.

Ord. 98-06 § 2, 1998

Previously codified as 2.04.130

(A) No person shall be eligible to serve as mayor for more than three four-year terms following the adoption of the ordinance codified herein. The current incumbent is given credit for having served one term. Notwithstanding the foregoing, any person who is appointed or elected to fill a vacant office as mayor for the balance of a four-year term, but serves less than two years in that office, shall be eligible for nomination, and election for three four-year terms thereafter.

(B) No person shall be eligible to serve as councilmember for more than three four-year terms following the adoption of the ordinance codified herein. Current incumbents are given credit for having served one term. Notwithstanding the foregoing, any person who is appointed or elected to fill a vacant office as councilmember for the balance of a four-year term, but serves less than two years in that office, shall be eligible for nomination, and election for three four-year terms thereafter.

(C) The three four-year terms in office as mayor are not required to be consecutive and may be an aggregate of three four-year terms. Any person who resigns or is removed from office during a term shall be deemed to have served a full term.

(D) The three four-year terms in office as councilmember are not required to be consecutive and may be an aggregate of three four-year terms. Any person who resigns or is removed from office during a term shall be deemed to have served a full term.

(E) The phrase "two years" as used in subsections A and B of this section shall mean the period between the date of the declaration of the results of any primary election held in June of an even-numbered year and the date of the declaration of the results of any primary election held in June of any immediately preceding or immediately succeeding even-number year, even though such period may be more or less that an actual period of two years.

Ord. 2022-04 § 1, 2022