Chapter 2.00 — GENERAL REGULATIONS

Before entering upon the duties of their respective offices, the City Clerk, the City Treasurer and such other officers and employees as the Council may designate, shall each severally execute good and sufficient bond in the penal sums specified by the Council which bonds shall be conditioned for the faithful performance by the officer giving it, of all the duties of the office and of all the offices of which he or she may be ex officio incumbent. (1961 Code, § 2.1; Ord. 33; Ord. 108; Ord. 143)

The City Council shall hold two (2) regular meetings each calendar month. Said meetings shall be held in the Council Chamber of the Brea Civic/Cultural Center located at Number One Civic Center Circle, Brea, California. Regular meetings shall be held on the dates and at times as may be specified from time to time by resolution of the City Council.

It shall be the duty of the City Treasurer to file with the Clerk on the first Monday of each month a statement of all moneys in the various funds in the City Treasury. (1961 Code, § 2.3; Ord. 8)

Notwithstanding any other provision of this Code, the Financial Services Director shall be authorized to pay any warrant or check which pays a demand certified by the Financial Services Director as conforming to the city's budget, prior to approval by the City Council. Any such warrants or checks shall be presented to the City Council for information. (Ord. 1039, 9-5-2000)

• A. No order or warrant upon the city treasury shall be drawn unless pursuant to the provision of this code, an ordinance, resolution or motion duly passed by the City Council and unless there is sufficient money in the fund upon which it is drawn to meet the same.

• B. All warrants, orders or checks upon the city treasury for the payment of any money shall be signed by either the Mayor or one of such members of the City Council as are authorized to so sign by minute motion of the City Council, and shall be countersigned by the City Treasurer, or, in his or her absence, by that person designated as the Assistant Treasurer by minute motion of the City Council. In every warrant, order or check so drawn shall be specified the name of the person to whom the same is payable, the date and amount thereof, the services or indebtedness for which it is to be issued and the fund out of which it is to be paid and shall be made payable to the person named therein or to his or her order. Any person required or authorized pursuant to this section to sign, or countersign, any warrant, order or check upon the city treasury may execute such warrant, order or check by means of a facsimile signature in lieu of his or her manual signature upon the filing and certification of such person's manual signature in accordance with the Uniform Facsimile

Signature of Public Officials Act (Cal. Gov't Code §§ 5500 et seq. ) as the same now exists or as may be amended from time to time. Whenever any warrant, order or check is for an amount payable in excess of $10,000, the same shall, in addition to the signatures required or permitted hereinabove, be countersigned by the City Manager or Assistant City Manager, or such other official designated by resolution of the City Council manually and not through the use of a facsimile signature.

(1961 Code, §§ 2.5 and 2.6; Ord. 8; Ord. 539; Ord. 733; Ord. 798)

• A. It shall be the duty of the City Clerk to procure suitable blank warrants upon the City Treasurer which shall be used in the payment of all demands against the city.

• B. It shall be the duty of the City Clerk to keep in a book properly ruled and printed for that purpose a record or register of all warrants drawn upon the treasury specifying therein the date, amount and number of each warrant so drawn, in whose favor, for what purpose and upon what fund the same is drawn.

(1961 Code, §§ 2.7 and 2.8; Ord. 8)

The city declares that it desires to qualify to receive aid from the state under the provisions of Cal. Penal Code Chapter 1 of Title 4, Part 4. Pursuant to Cal. Penal Code § 13522, the city, while receiving aid from the state pursuant to such Chapter 1, will adhere to the standards for recruitment and training established by the California Commission on Peace Officers Standards and Training.

(1961 Code, § 2.9; Ord. 316)

• A. A filing fee of ten ($10) dollars is hereby established for a candidate's nomination paper for elective office at municipal elections held in the city.

• B. The filing fee shall be paid to the City Clerk by each candidate for an elective office at the time the candidate's nomination paper is filed with the City Clerk.

• C. The Clerk shall pay to the City Treasurer all fees received, which shall be deposited in the general fund.

(1961 Code, § 2.9-2; Ord. 527)

Any Planning Commissioner, Recreation and Parks Commissioner, Human Resource Commissioner, or Cultural Arts Commissioner of the city whose term of office expires prior to the time when his or her successor is appointed shall continue to serve as a commissioner until that successor is appointed and the term of office of that commissioner shall be deemed to be extended until the time when his or her successor is appointed. (1961 Code, § 2.9-4; Ord. 704; Ord. 719)

The Council requires that general municipal elections of the city shall be held on the date of statewide general elections, to wit, the first Tuesday after the first Monday of November in each even-numbered year.

(1961 Code, § 2.9-5; Ord. 721; Ord. 722)

It shall be unlawful for any member of the City Council or any officer or employee of the city or any other person present during a closed session of the City Council or the City Council sitting as the Brea Redevelopment Agency, to disclose to any person the content or substance of any discussion which took place during such closed session on any matter legally authorized to be heard in closed session, unless the City Council has authorized the disclosure of such information by a majority vote or unless the disclosure is required by any provision of state law. (Ord. 971, 7-5-1995)

The City Manager shall appoint a legally qualified and suitable person to serve as City Clerk of the city upon expiration of the current term of that office, and/or upon any vacancy of such office. Thereafter, such appointed City Clerk shall serve at the pleasure of the City Manager. (Ord. 1095, 8-15-2006)

As allowed by Cal. Gov’t Code § 36516b, Brea electors may set the salary (excluding benefits and reimbursements) for Brea City Council members. Council salary shall be no more than stated in Cal. Gov’t Code § 36516a. Salary and benefits changes shall go into effect immediately upon each new council term. Actual and necessary expenses incurred in the performance of their official City duties may be reimbursed per Cal. Gov’t Code § 36514.5. Council service is a part time position and council may avail themselves to the same benefits normally made available to regular part time city employees such as medical insurance, life insurance and city contributions to their pension plans. Council members are however prohibited from receiving any other personal paid benefits including, but not limited to gym and club memberships. Upon completion of council service, no further city payments including pension contributions shall be made on their behalf. Any expense reimbursement shall require a) full compliance with Cal. Gov’t Code § 36516; b) establishment of a resolution adopted by City Council for such reimbursement; and c) submission of a request for reimbursement in accord with the approved resolution.

(Initiative Measure T, 11-6-2012)

• A. Alternative use resolution. The city shall not use reserve funds to balance the general fund budget, or for a project or operations unrelated to the purpose of the reserve funds account, unless the City Council adopts a resolution authorizing such alternative use.

• B. Statement of intent regarding repayment. A resolution authorizing an alternative use of reserve funds shall state whether the City Council does or does not intend to replenish the reserve funds account with the amount of the reserve funds being used for the alternative purpose.

• C. Repayment plan approval. If City Council intends to replenish a reserve funds account that is used for an alternative purpose, then the City Manager shall submit a proposed repayment plan to the City Council for consideration within 60 days of adoption of the resolution authorizing such use. The City Council may approve a repayment plan by minute order. Any approved payment plans shall be added as an appendix to the city’s adopted budget.

• D. Repayment plan modification/cancellation. The City Council may change the terms of an approved repayment plan, or may cancel an approved repayment plan, at any time by minute order.

• (Ord. 1235, 11-15-2022)