Davis Municipal Code Art. 2.01 City Council

The city council shall hold regular meetings on Tuesday nights of each month with the exception of the month of August, during which the city council shall meet at least once at an adjourned regular or special meeting on such date in August as the city council shall determine. Specific dates of regular meetings shall be established annually by resolution to best benefit the calendar of the city council and community. Regular meetings shall not be held on any night preceding a legal holiday. Open sessions of regular meetings shall commence at 6:30 p.m.; closed sessions may begin earlier than 6:30 p.m. as needed. The city council may adjourn any regular meeting to a date certain. Such adjourned meeting may likewise be adjourned, and any meeting so adjourned shall be a regular meeting for all purposes.

(Code 1964 § 2-1.03; Ord. 631 § 1; Ord. 705 § 1; Ord. 1493 § 1; Ord. 1606 § 1; Ord. 1623 § 1; Ord. 1648 § 1; Ord. 1865 § 1; Ord. 2080 § 1, 2002; Ord. 2132 § 1, 2003)

(a) Special meetings may be called at any time by the mayor or by three members of the city council, by written notice delivered to each member at least twenty-four hours before the time specified for the proposed meeting. At any special meeting the power of the city council to transact business shall be limited to matters referred to in such written notice.

(b) In the event that any order of adjournment of a regular meeting fails to state the hour at which any adjourned meeting is to be held, such adjourned meeting may be validly held at the hour set forth in this article prescribing the time for regular meetings.

(Code 1964 § 2-1.04; Ord. 2648 § 2, 2023)

The city clerk or his or her authorized representatives shall post an agenda for each council meeting containing a brief description of each item of business to be transacted or discussed at the meeting together with the time and location of the meeting at City Hall, in a location readily accessible to the public, at least seventy-two hours in advance of each regular meeting and at least twenty-four hours in advance of each special meeting. The city clerk shall maintain a record of such posting.

(Ord. 1411 § 1)

All meetings whether regular or special shall be held in the City Hall, 23 Russell Boulevard, Davis, California; provided, however, that a regular or special meeting may be held at any other place permitted by law if such other place is publicly announced at a previous council meeting, whether regular or special, by the council.

At every regular meeting, members of the public shall have an opportunity to address the council on matters within the council's subject matter jurisdiction.

Except for matters scheduled for formal public hearing, public input and comment on matters on the agenda, as well as public input and comment on matters not otherwise on the agenda shall be made during the time set aside for public comment; provided, however, that the council may direct that public input and comment on matters on the agenda be heard when the matter regularly comes up on the agenda.

The mayor may limit the total amount of time allocated for public discussion by particular issues and/or the time allocated for each individual speaker.

(Code 1964 § 2-1.05; Ord. 631 § 1; Ord. 669 § 1; Ord. 1117 § 1; Ord. 1411 § 2)

Matters brought before the council which were not placed on the agenda of the meeting may be discussed, but shall not be acted upon by the council at that meeting unless action on such matters is permissible pursuant to the Brown Act (Government Code, Section 54950 et seq.). Those non-agenda items brought before the council where present council action at that meeting is not so authorized shall either be placed on the agenda for a regular meeting or referred to staff, as directed by the mayor or the presiding officer.

(Ord. 1411 § 3)

The city council shall, by resolution, establish the order of business to be followed in conducting the regular meetings of the city council. The order of business shall include a time for communications from the public on matters within the subject matter jurisdiction of the city council. The order of business may include a consent calendar. The mayor, with the approval of a majority of the city council, may address items out of order, if the change in order of business is necessary or convenient to the conduct of the city's business.

(Code 1964 § 2-1.06; Ord. 576 § 1; Ord. 631 § 1; Ord. 1097 § 1; Ord. 1411 § 4; Ord. 1680 § 1)

(a) The city council shall adopt rules of order by resolution, but no ordinance, resolution, proceedings or other action of the city council shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow such rules.

(b) The members of the city council shall address their remarks to the mayor and not to the citizens in the audience. The members of the city council shall remain seated when city council is in session unless otherwise excused by the mayor.

(Code 1964 § 2-1.07; Ord. 1865 § 1)

In case a quorum shall not be present at any meeting and important business remains to be transacted or disposed of, any two members of the city council may cause a written notice to be served personally upon the other members directing their immediate attendance, whereupon the members receiving such written notice shall be required to attend immediately, except in case of sickness or death in their immediate families, otherwise they shall be liable to a fine, penalty or forfeiture to the city of twenty-five dollars, recoverable by a civil action.

(Code 1964 § 2-1.08)

Any member of the city council who refuses to attend four consecutive meetings, when neither sick nor absent from the city, with the consent of the city council, at the time such meetings were held, shall be deemed to have forfeited his or her title to the office of city councilmember, and the remaining members or a majority thereof may cause an action to be brought in the Superior Court of the state to have his or her office declared vacant.

(Code 1964 § 2-1.09; Ord. 2320 § 1, 2008)

(a) In the event that any person attending any city council meeting becomes noisy, boisterous or disorderly, the mayor or the vice mayor, if the mayor is unable to perform the essential functions of the position, with or without reasonable accommodation, or is absent, shall demand such person to cease and desist. It is hereby declared to be unlawful for such person not to cease and desist immediately after such demand, from such noisy, boisterous or disorderly conduct.

(b) In the event that the audience or a portion thereof attending a city council meeting becomes noisy or unruly, the mayor is given the power to order the council chambers cleared of such audience, or such portion thereof, in compliance with all applicable law.

(Code 1964 § 2-1.10; Ord. 2390 § 6, 2012; Ord. 2593 § 2, 2020)

(a) As provided in Section 36516 of the Government Code, each member of the city council shall receive a salary.

(b) Pursuant to the provisions of Government Code Section 36516(a)(4), the compensation of each member of the city council shall be increased to a monthly salary of one thousand three hundred sixty-six dollars. This increase in compensation shall be effective at the beginning of the term of office of the councilmembers elected at the general municipal election of June 2018.

(Code 1964 § 2-1.11; Ord. 1303 § 1; Ord. 1530 § l; Ord. 1643 § 1; Ord. 1759 § 1; Ord. 1994 § 1, 1999; Ord. 2420 § 1, 2013; Ord. 2516, 2017)

(a) In accordance with Government Code Section 36512, if a vacancy occurs on the city council, the city council shall, within sixty days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. If a special election is called, it shall be held on the next regularly established election date not less than one hundred fourteen days from the call of the special election.

(b) If the council determines to call a special election to fill the vacancy, the council may appoint to fill the vacancy and provide that a person so appointed holds office only until the date of a special election called to fill the remainder of the term as set forth in subsection (a) of this section.

(c) Notwithstanding subsection (a) of this section, an appointment shall not be made to fill a vacancy on the city council if the appointment would result in a majority of the members serving on the council having been appointed. In that instance, the vacancy shall be filled in the following manner:

(1) The city council may call an election to fill the vacancy, to be held on the next regularly established election date not less than one hundred fourteen days after the call.

(2) If the city council does not call an election pursuant to subsection (b)(1) of this section, the vacancy shall be filled at the next regularly established election date.

(d) If authorized by state law, if the council determined to call a special election, the council may determine that that election will be conducted as an all mailed ballot election or a special election as set forth herein.

(Ord. 984 § 1; Ord. 1721 § 1; Ord. 2372 § 1, 2010; Ord. 2373 § 1, 2011; Ord. 2648 § 3, 2023)