Chapter 2.04 — CITY COUNCIL

The regular meetings of the city council shall be held at a time designated by resolution of the city council. If the date of any such regular meeting falls on a holiday, the regular meeting shall be held at the same hour on the next succeeding day which is not a holiday.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

State Law reference— Similar provision, Government Code § 36805; state law as to time of adjourned meetings, Government Code § 36809.

By resolution, the city council may adopt rules of decorum and conduct at public meetings as deemed necessary or appropriate by the city council.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

State Law reference— Similar provision, Government Code § 36813.

(a)

Approval of minutes. Unless the reading of the minutes of the open session of the city council meeting is requested by a member of the council, such minutes may be approved without reading if the city clerk has previously furnished each member with a copy thereof. Minutes shall be approved by voice or roll call vote.

(b)

Designated as official record. Such approved written minutes constitute the official record of city council proceedings and actions and are superior to any other record, recordation, document, transcript, audiotape, videotape, or other memorial or writing of such proceedings and actions. Any other recordings, tapes, and records of council proceedings which may be deemed duplicate records shall be kept only as required by Government Code § 34090.7 as it presently exists and as it may from time to time be amended.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Salary. Pursuant to Government Code Section 36516, each member of the city council shall receive a monthly salary in the amount of $1,600.00.

(b)

Benefits. City council members shall be eligible to enroll in the city's cafeteria plan and may receive the same monthly cafeteria contribution amount from the city as is provided to the city's regular full-time employees. Councilmembers may utilize the cafeteria contribution toward any retirement, health and welfare benefits offered to the city's regular full-time employees through the cafeteria plan, but may not elect to cash out all or any portion of the cafeteria contribution.

(c)

Reimbursement. Councilmembers shall be reimbursed for actual and necessary expenses incurred in the performance of official duties consistent with the parameters and procedures for reimbursement established by city council resolution pursuant to the provisions of Government Code Sections 53232.2 and 53232.3.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 24-03, § 2, 6-12- 2024)

(a)

Except when an appeals process is otherwise set forth in this Code or applicable law and regulations, any person objecting to a discretionary action of denial, suspension or revocation of a permit applied for pursuant to any provisions of this Code or city ordinance, or to any discretionary administrative decision

made by any official of the city, or to the amount, collection or waiver of any fee, charge or assessment of any kind, shall appeal in writing to the city council by filing a notice of such appeal with the city clerk before pursuing any legal action against the city. The city council may appoint an ad hoc subcommittee to consider a specific appeal and/or a standing committee for all appeals and provide that the decision of that subcommittee shall be final.

(b)

No appeal may be filed until the disputed action or matter has been reviewed with the department head and/or the city manager. There shall be no appeal of a ministerial action or of any law enforcement action involving state law. No fee, charge or assessment may be appealed until after payment of the full amount of such fee, charge or assessment.

(c)

The notice of appeal must be filed within 30 days of the date of the decision or action which is the subject of the appeal, or the payment of any disputed fee, charge or assessment.

(d)

The notice of appeal shall set forth the matter appealed, the specific grounds for the appeal and the relief sought; the notice shall be returned to the appellant by the city clerk if such information is not contained in it and the appellant shall have an additional five days to correct it and resubmit. The notice shall be accompanied by a fee of $100.00 or such other amount as set by resolution of the city council.

(e)

Upon the timely filing of a complete notice, the city clerk shall schedule the matter for consideration at a regular city council meeting (or committee meeting, if the matter has been delegated) within the next 30 days and shall give notice of such hearing at least 15 days in advance. The city clerk shall provide the notice of appeal and any accompanying materials to the city council at the same time as other agenda materials are provided.

(f)

At the time of consideration of the appeal, the appellant has the burden to establish why the action or fee appealed from should be revised. The appellant shall present evidence to support the specific grounds of appeal as set out in the notice. The council (or subcommittee) may continue the matter from time to time, and at the conclusion of the matter may uphold, modify or reverse the action appealed from or take any action which might legally have been taken. The action of the council (or, when delegated) shall be final. The provisions of this Code shall govern any further challenge.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The electors of the city shall elect councilmembers at the general municipal election held every two years on the date of the statewide general election in November of even-numbered years. The general municipal election shall be conducted in accordance with all applicable procedural requirements of the elections

code. As provided by the elections code, the city also may adopt a resolution consolidating the general municipal election with the county election.

(Ord. No. 2010-06, § 2, 10-27-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

State Law reference— Similar provision, Elections Code § 1301.

(a)

Pursuant to Government Code § 34886, city council members of the City of Eastvale shall be elected by- districts in five single-member districts.

(b)

(1)

Beginning with the general municipal election in November 2016, members of the city council shall be elected in the electoral districts established by section 2.04.080 and subsequently reapportioned as provided by State law. Elections shall take place on a by-district basis as that term is defined in Government Code § 34871, meaning one member of the city council shall be elected from each council district and shall serve a four-year term until his or her successor is qualified or such term as provided by Government Code § 36512.

(2)

Except as provided in subdivision (3) hereof, the council member elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for city council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to Government Code § 34882 and Elections Code § 10227. Termination of residency in a district by a council member shall create an immediate vacancy for that council district unless a substitute residence within the district is established within thirty days after the termination of residency.

(3)

Notwithstanding any other provision of this section, and consistent with the requirements of Government Code § 36512 as amended, the members of the city council in office at the time the article codified in this chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. At the end of the term of each council member that member's successor shall be elected on a by-district basis in the districts established in section 2.04.080 and as provided in section 2.04.090.

(Ord. No. 16-05, § 1, 6-8-2016)

(a)

Subject to section 2.04.090, members of the city council shall be elected on a "by-district" basis from the council districts described as follows:

(1)

Council District 1 shall comprise all that portion of the city beginning at the point of intersection of Archibald Ave. and the city's northern border; thence proceeding southerly along Archibald Ave. to Limonite Ave.; thence proceeding easterly along Limonite Ave. to Hammer Ave.; thence proceeding southerly along Hammer Ave. to Oakdale St.; thence proceeding easterly along Oakdale St. to Badminton Way; thence proceeding southerly along Badminton Way to Caxton St.; thence proceeding easterly along Caxton St. to Moonriver St.; thence proceeding southerly along Moonriver St. to Marble Way; thence proceeding easterly along Marble Way to Black Horse St.; thence proceeding northerly along Black Horse St. to Meadowvale St.; thence proceeding easterly along Meadowvale St. to Harrow St.; thence proceeding southerly and westerly along Harrow St. to Wells Spring St.; thence proceeding southerly along Wells Spring St. to Kourtney Ct.; thence proceeding easterly along Kourtney Ct. to Theresa St.; thence proceeding northerly along Theresa St. to Leanne St.; thence proceeding easterly and southerly along Leanne St. to Tarah St.; thence proceeding southerly along Tarah St. to 68 th St.; thence proceeding easterly along 68 th St. to the city border; thence proceeding counter-clockwise along the city border to the point of beginning.

(2)

Council District 2 shall comprise all that portion of the city beginning at the point of intersection of Hammer Ave. and Schleisman Way; thence proceeding westerly along Schleisman Way to Scholar Way; thence proceeding southerly along Scholar Way to Citrus St.; thence proceeding westerly along Citrus St. to Harrison Ave.; thence proceeding southerly along Harrison Ave. to Chandler St.; thence proceeding westerly along Chandler St. to Archibald Ave.; thence proceeding northerly along Archibald Ave. to Fairchild Dr.; thence proceeding westerly along Fairchild Dr. to Swan Creek Dr.; thence proceeding southerly along Swan Creek Dr. to Redwood Valley Rd.; thence proceeding westerly along Redwood Valley Rd. to Selby Ave.; thence proceeding southerly along Selby Ave. to Chandler St.; thence proceeding westerly along Chandler St. to the city border; thence proceeding counter-clockwise along the city border to Hammer Ave.; thence proceeding northerly along Hammer Ave. to the point of beginning.

(3)

Council District 3 shall comprise all that portion of the city beginning at the point of intersection of Hammer Ave. and Schleisman Way; thence proceeding westerly along Schleisman Way to Scholar Way; thence proceeding southerly along Scholar Way to Citrus St.; thence proceeding westerly along Citrus St. to Summer Ave.; thence proceeding northerly along Summer Ave. to 68 th St.; thence proceeding easterly along 68 th St. to Scholar Way; thence proceeding northerly along Scholar Way to Limonite Ave.; thence proceeding easterly along Limonite Ave. to Hammer Ave.; thence proceeding southerly along Hammer Ave. to Oakdale St.; thence proceeding easterly along Oakdale St. to Badminton Way; thence proceeding southerly along Badminton Way to Caxton St.; thence proceeding easterly along Caxton St. to Moonriver St.; thence proceeding southerly along Moonriver St. to Marble Way; thence proceeding easterly along Marble Way to Black Horse St.; thence proceeding northerly along Black Horse St. to Meadowvale St.; thence proceeding easterly along Meadowvale St. to Harrow St.; thence proceeding southerly and westerly

along Harrow St. to Wells Spring St.; thence proceeding southerly along Wells Spring St. to Kourtney Ct.; thence proceeding easterly along Kourtney Ct. to Theresa St.; thence proceeding northerly along Theresa St. to Leanne St.; thence proceeding easterly and southerly along Leanne St. to Tarah St.; thence proceeding southerly along Tarah St. to 68 th St.; thence proceeding easterly along 68 th St. to the city border; thence proceeding clockwise along the city border to Hammer Ave.; thence proceeding northerly along Hammer Ave. to the point of beginning.

(4)

Council District 4 shall comprise all that portion of the city beginning at beginning at the point of intersection of 65 th St. and Summer Ave.; thence proceeding westerly along 65 th St. to Archibald Ave.; thence proceeding southerly along Archibald Ave. to Chandler St.; thence proceeding westerly along Chandler St. to Harrison Ave.; thence proceeding northerly along Harrison Ave. to Citrus St.; thence proceeding easterly along Citrus St. to Summer Ave.; thence proceeding northerly along Summer Ave. to the point of beginning.

(5)

Council District 5 shall comprise all that portion of the city beginning at the point of intersection of Archibald Ave. and the city's northern border; thence proceeding southerly along Archibald Ave. to Limonite Ave.; thence proceeding easterly along Limonite Ave. to Scholar Way; thence proceeding southerly along Scholar Way to 68 th St.; thence proceeding westerly along 68 th St. to Summer Ave.; thence proceeding northerly along Summer Ave. to 65 th St.; thence proceeding westerly along 65 th St. to Archibald Ave.; thence proceeding southerly along Archibald Ave. to Fairchild Dr.; thence proceeding westerly along Fairchild Dr. to Swan Creek Dr.; thence proceeding southerly along Swan Creek Dr. to Redwood Valley Rd.; thence proceeding westerly along Redwood Valley Rd. to Selby Ave.; thence proceeding southerly along Selby Ave. to Chandler St.; thence proceeding westerly along Chandler St. to the city border; thence proceeding clockwise along the city border to the point of beginning.

(b)

The Council districts specified in subsection (a) shall continue in effect until they are amended or repealed in accordance with law.

(Ord. No. 16-05, § 1, 6-8-2016)

Editor's note— Ord. No. 16-05, § 3 references a map, Exhibit 1, showing the districts described in the article codified in this chapter. The map is on file in the city clerk's office.

Except as otherwise required by Government Code Section 36512, council members shall be elected in Council Districts 1, 2 and 5 beginning at the General Municipal Election in November, 2016, and every four years thereafter. Council members shall be elected from Council Districts 3 and 4 beginning at the General

Municipal Election in November, 2018, and every four years thereafter as such council districts shall be amended.

(Ord. No. 16-05, § 1, 6-8-2016)