Chapter 2.01 — COUNCIL

The regular meetings of the City Council shall be held on such days and times as may be established from time to time by resolution of the City Council.

(3-12/90 § 2.04.010) (Am. Ord. 225, passed 10-12-2022)

The meetings of the City Council shall be held at such places as may be established by resolution of the City Council.

(3-12/90 § 2.04.020) (Am. Ord. 225, passed 10-12-2022)

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.

(3-12/90 § 2.04.030)

The City 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. (3-12/90 § 2.04.040)

(a) Purpose . The ordinance codified in this Section is enacted pursuant to Section 36516 of the Government Code, which authorizes a City Council to provide by ordinance that each member of the Council may receive a compensation based upon the population of the City.

• (b) Population .

(1) Section 36516(a)(3) of the Government Code states that “... the population of a city shall be determined by the last preceding federal census ...”

(2) On April 1, 2020, the federal census determined that the population of the City of Canyon Lake is 11,082.

(c) Compensation . The compensation for each member of the City Council shall be $950 per month. The compensation is payable at the same time and in the same manner as the compensation paid to each of the officers and employees of the city. Any amounts paid for retirement, health and welfare, and federal social security benefits, as well as amounts paid by the City to reimburse or as an allowance to a member of the City Council for actual and necessary expenses, shall not be included for purposes of determining compensation.

(d) Pursuant to Government Code Section 36515.5 and Senate Bill 329, the above amendment to City Council Member salary shall be effective when at least one member of the City Council commences a new term on or after January 1, 2024.

(3-12/90 § 2.04.050) (Ord. 243, passed 2-14- 2024)

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. (3-12/90 § 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 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 judgement 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.

(3-12/90 § 2.04.100)

(a) Any notice of appeal to the City Council must be filed within 15 days of the date of service of notice of the decision or action pursuant to Section 1.01.300 of this Code, or within 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 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 $50 or such other fee as may be required by other enactment of the City Council.

(3-12/90 § 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 City 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 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. (3-12/90 § 2.04.120)

(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 Council deems the same necessary in the public interest. If a hearing is ordered open to public participation, notice thereof shall be given by posting notice of the same in the public places designated by the City Council not less than five 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 the 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.

(3-12/90 § 2.04.130)

Consistent with state law, the preference of the City Council of the City of Canyon Lake is to fill any vacancy that may occur on the City Council by appointment rather than incur the costs of calling a special election. Therefore, to ensure that the City Council has adequate time to receive and consider applications for appointment, the following actions shall be taken in the event a vacancy occurs on the City Council:

(a) The City Manager shall immediately notify the remaining members of the City Council of any vacancy that occurs.

(b) The City Clerk shall publish a notice of City Council vacancy in a newspaper of local jurisdiction stating that the City Council of the City of Canyon Lake is seeking applications for appointment to fill a vacancy on the City Council. The notice shall state the length of the term to be filled, the deadline by which applications must be received, and the date by which an appointment must be made. The deadline for receiving applications shall be no later than 30 days after the vacancy occurs.

(c) The application may request the applicant provide such information as the City Council may desire, and amend from time to time, but shall include the age of the applicant, the address of the applicant's primary residence for the previous 30 days, whether applicant is a registered voter, and a certification from the applicant that all information contained in the application is true and correct.

(d) The Mayor shall appoint an ad hoc committee to review the applications. The committee shall have seven days from the deadline to receive applications to recommend the most qualified applicants to the City Council by submitting the recommendations to the City Manager.

(e) The Mayor shall call a special meeting of the City Council for consideration of appointing an applicant to fill the vacancy where the City Council may consider the recommendation of the ad hoc committee, if any, as well as any other applicant the City Council determines qualified. Once an applicant is appointed by majority vote of the City Council, the applicant shall immediately take the oath of office.

(f) The City Council may by resolution establish other processes for the appointment to vacant offices that are not inconsistent with this section.

(Ord. 184, passed 9-4-2019; Am. Ord. 185, passed 12-4-2019)