Chapter 2.04 — CITY COUNCIL

A.

Determination of Policy. The people elect the city council. The council determines the policies of the city government, and appoints, directs and, if necessary, removes the city manager. In determining policy council members do their best to represent all residents. All phases of their job are involved in the determination of policy. In determining policy, the council comes to a decision, authorizes its implementation, and bears full responsibility for the results. The council, therefore, holds the city manager responsible for proper execution of policy decisions.

B.

Supervision of Administration. The second major part of the council's job is general responsibility for effective administrative action through the city manager. The city manager receives all questions or criticisms which the council may have concerning the execution of ordinances or performance of duty.

C.

Quasi-Judicial. Although the council is primarily a legislative and administrative body, it often sits in a quasi- judicial capacity. Such matters as hearings on variances, use permits, civil service disciplinary hearings and hearings on the issuance or revocation of regulatory licenses are quasi-judicial in character.

D.

Authority of Boards and Commissions. The council often chooses to appoint boards or commissions to conduct studies in specialized areas and to act for the council in overseeing those areas. This serves five purposes: it brings government closer to the electorate; it allows people with expertise to provide a specialized service to the city; it gives training in city government to a wide group of people; it allows a greater width and depth of study; and it saves council meeting time. The council always reserves the right to hear an appeal of the action of any appointed group.

(Ord. 92-2 Div. 2 (part), 1992.)

The general municipal election for the city shall be held on the first Tuesday after the second Monday in November of each even-numbered year, which is the same date as the Statewide general election as defined by California Elections Code Section 1200. In order to accomplish this election date, pursuant to the authority contained in California Elections Code Section 10403.5:

A.

Councilmembers who will be elected in November of 1999 shall have their terms reduced by one year.

B.

Councilmembers who will be elected in November of 2001 shall have their terms reduced by one year.

(Ord. 99-3 Div. I, 1999.)

The council shall hold regular meetings on the first and third Tuesdays of each month at 6:00 p.m. It may adjourn any regular or special meeting to a date certain, which shall be specified in the order of adjournment, and such an adjourned meeting may likewise be adjourned. Any adjourned regular meeting shall be a regular meeting for all purposes. In the event that any order adjourning a meeting fails to state the hour at which the adjourned meeting is to be held, such adjourned meeting will be held at 6:00 p.m.

(Ord. 92-2 Div. 2 (part), 1992.)

(Ord. No. 2012-01, Div. I, 1-17-2012; Ord. No. 2023-02, § 1, 2-7-2023)

A special meeting may be called at any time by the mayor or by a majority of the council. A special meeting is called by delivering written notice, personally or by mail, to each council member. A copy of the notice of special meetings shall be delivered to each local newspaper, and radio or television station which has requested it in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the meeting time specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting by the council. Such written notice may be dispensed with for any member who files with the city clerk, prior to the meeting, a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with for any member who is actually present at the meeting when it convenes.

(Ord. 92-2 Div. 2 (part), 1992.)

All regular meetings shall be held at the El Cerrito City Hall, 10890 San Pablo Avenue.

(Ord. 92-2 Div. 2 (part), 1992.)

(Ord. No. 2012-01, Div. I, 1-17-2012)

All meetings of the council shall be open to the public except those meetings which may be closed according to law. Every agenda for public meetings shall provide an opportunity for members of the public to address the council on items of interest to the public that are within the council's jurisdiction; however, no action shall be taken on any item not appearing on the agenda unless the action is authorized by law. An agenda item, "Oral Communications" is the opportunity for general comments; preference will be given to those who have first presented matters in the form of a written communication or who have personally notified the mayor of their

desire to speak. The public may comment, also, on other agenda items as they are presented during the meeting.

(Ord. 92-2 Div. 2 (part), 1992.)

If the day of a regular meeting should be a legal holiday, then the regular meeting of the council shall be held on the first business day thereafter, at the time and place prescribed in Sections 2.04.010 and 2.04.030 of this chapter. It shall be a regular meeting for all purposes. A "legal holiday" is a holiday designated by the United States Congress, or by the California legislature, or by council resolution.

(Ord. 92-2 Div. 2 (part), 1992.)

In case of conflict over parliamentary procedure, the council shall be governed by Rosenburg's Rules of Order. No ordinance, resolution, proceeding or other action of the council shall be invalidated, or the legality thereof affected, by the failure or omission to observe or follow said guide.

(Ord. 92-2 Div. 2 (part), 1992.)

(Ord. No. 2021-01, § 2, 2-2-2021)

If a quorum is not present at any meeting and important business remains, any two members of the council may cause a written notice to be served personally upon the other members directing their immediate attendance. The council members receiving such written notice shall be required to attend immediately except in case of illness or death in their immediate families; otherwise they shall be liable to a fine, penalty or forfeiture to the city in the sum of one month's salary, recoverable by a civil action.

(Ord. 92-2 Div. 2 (part), 1992.)

If a council member is absent without the consent of the council from all council meetings for sixty consecutive days from the last regular meeting he or she attended, then his or her office becomes vacant and shall be filled as any other vacancy.

(Ord. 92-2 Div. 2 (part), 1992.)

All business brought before the council may be referred to the city manager for investigation, report and recommendation in reference thereto, before any action is taken thereon by the council, except when the business in question be of special urgency or of such a nature that it may be disposed of immediately. Upon direction of the mayor or majority of the council, the city manager shall report such recommendation in writing.

(Ord. 92-2 Div. 2 (part), 1992.)

The mayor may recommend that items appearing on the agenda be placed on the consent calendar for action by the council. Any item placed on the consent calendar shall appear in its regular order on the agenda together with the recommended action to be taken by the council with respect to such item. The items so recommended shall be listed at the head of the first page of the agenda. If any council member objects to the placement of an item on the consent calendar, or if any member of the public wishes to address the council on any such item, the item shall be deemed removed from the consent calendar and shall be heard and acted upon at its regular place on the agenda. Upon motion of any member of the council, all items placed upon the consent calendar may be acted upon together and, if the motion is adopted, each shall be deemed to have received the action recommended.

(Ord. 92-2 Div. 2 (part), 1992.)

The order of business to be followed in conducting the meetings of the council shall be prepared in written agenda form prior thereto. The agenda for regular meetings shall provide for a roll call, approval of minutes from previous meetings, approval of consent calendar items, scheduled public hearings, oral communications from citizens, ordinances proposed for adoption, and such other business as may be appropriate. The mayor may specify the order of business for any agenda, and shall have the authority to vary the order of business during the meeting.

(Ord. 92-2 Div. 2 (part), 1992.)

The regular order of business may be suspended by a majority of the members present for any purpose.

(Ord. 92-2 Div. 2 (part), 1992.)

The minutes of the council shall be kept by the city clerk. They shall be neatly typewritten in a special loose-leaf journal book with each of the different kinds of business transacted set off in paragraphs with proper subheads. The clerk shall keep the minute book and the original copies of all ordinances in a one-hour fireproof vault provided by the council for that purpose. The clerk shall also make a second certified copy of all minutes and all of the ordinances, and store them in a secure back-up site either elsewhere in the city or in a reasonable proximity thereto.

(Ord. 92-2 Div. 2 (part), 1992.)

The members of the council, city staff, and persons appearing before the council shall address their remarks to the mayor and not to the audience. The members of the council shall remain seated when the council is in session unless excused from doing so by the mayor.

(Ord. 92-2 Div. 2 (part), 1992.)

A.

Neither the council nor any of its members shall suggest, order or request, directly or indirectly, that the city manager or other member of the city staff:

Appoint any person to a city office;

Employ any individual or firm;

Remove any individual or firm from city office or employment. The council retains, however, the authority to employ or discharge the city manager and city attorney at will.

B.

Except for the purpose of inquiry, the council and its members shall deal with the city employees, solely through the city manager. When a council member requires information involving more than a simple answer, the request shall be referred to the city manager. Neither the council nor any member shall:

Give orders to any subordinates of the city manager either publicly or privately;

Discuss the performance of any city employee with other than the city manager.

(Ord. 92-2 Div. 2 (part), 1992.)

Any council member or other person using vulgar, profane, loud or boisterous language at any meeting, or otherwise interrupting the proceedings of the council, shall be seated or keep quiet when ordered to do so by the mayor. It shall be the duty of the police chief, when requested by the mayor, to assign a police officer to meetings of the council, whose duty it shall be to preserve order and upon request of the mayor to eject persons causing disturbances from the council chamber.

(Ord. 92-2 Div. 2 (part), 1992.)

Sections 2.04.160 through 2.04.180 of this chapter are enacted pursuant to state law authorizing the council to provide by ordinance that each member shall receive a salary based upon the population of the city as determined by estimates made by the state Department of Finance, or as adjusted by an amount equal to no more than five percent for each calendar year from the operative date of the last salary adjustment.

(Ord. 92-2 Div. 2 (part), 1992.)

Each member of the council shall receive, as salary, the sum of six hundred and fifty dollars per month, which shall be payable at the same time and in the same manner as the salaries are paid for other officers and employees of the city. Such salary is prescribed exclusive of any reimbursement for expenses incurred in the performance of official duties for the city, or for any amounts contributed by the city for retirement, health and welfare and federal social security benefits.

(Ord. 92-2 Div. 2 (part), 1992.)

(Ord. No. 2023-04, § 1, 10-3-2023)

The council shall annually appoint a certified public accountant as auditor to review the city's financial activities and prepare an audit report for its consideration. The audit report shall cover the fiscal aspects of city government, and the manner in which city officials with financial responsibility conduct their assignments. The words, "city officials with financial responsibility," include all those officials who are bonded, those who work in financial offices, and any others designated by the council. The audit report shall include an analysis of the possible financial risk in not meeting any of the audit's recommendations.

The due date for the audit report shall be set by the council, but shall be not later than the third Monday of March. After presentation to the council, the audit report shall be a public document.

(Ord. 92-2 Div. 2 (part), 1992.)

The council shall appoint an experienced information and computer specialist, every three years, to conduct an audit of the information handling aspects of the city government. The audit shall include the handling of privacy data, the security of all automated data processing (ADP) and local area network (LAN) facilities and procedures, and the handling, storage and disposition of "hard copy." The audit shall include an analysis of the possible financial risk in not meeting any of its recommendations. The due date for the audit shall be set by the council. Because of its sensitive nature, the auditor shall present a confidential draft of the audit to the city manager for review two months before its scheduled presentation to the council.

(Ord. 92-2 Div. 2 (part), 1992.)

The city attorney is appointed by the council, and must have been a member of the California State Bar for five years. The city attorney is responsible to and represents the council and is its legal advisor. The council may assign the city attorney to advise or assist the city manager, and to represent the city in any legal action.

(Ord. 92-2 Div. 2 (part), 1992.)

A.

Boards, commissions and committees are appointed by the council to advise and to perform any duties determined by the council in one or more aspects of city government. City boards, commissions and committees are intended to provide a valuable service to the community by providing in-depth advice to the

city council on a variety of topics and assume some of the workload from council to research issues or gather public input. Except as otherwise provided in state law, boards and commissions are directly responsible to the council and fill quasi-judicial roles. Commissions are made up of lay citizens, while boards are residents with special expertise. Committees sponsored by the city are intended to be working groups, do not fill quasi- judicial roles, and are established by council resolution. Appointment to boards and commissions shall be made only after:

Advertisement of the open position in a local paper.

Public interviews of selected applicants for the positions.

Appointment by a majority of the council.

B.

Unless determined elsewhere in law, the boards and commissions shall be governed by or meet the following criteria:

Membership. The boards and commissions shall consist of seven members each, who shall be residents of the city, unless otherwise provided in this chapter or otherwise prescribed by state law or the ordinance or resolution establishing the board or commission or committee to represent a specified organization, agency, group, category or profession. A "member" shall be defined as a voting member of any board, commission or committee established by the city council, notwithstanding the manner in which such voting member is appointed.

Appointments. The members shall be appointed by majority vote of the council. Members shall not be reappointed to the same board or commission for more than two consecutive full terms. No member shall be appointed to more than two boards or commissions concurrently.

Term. Terms are four years, commencing on March 1st unless a member is removed from office pursuant to the provisions of subsection (B)(4) of this section. Members appointed prior to March 1, 2014 with terms that commenced on January 1 will conclude their terms on January 1. The membership shall be divided to achieve temporal distribution of terms. If a board member or commissioner fails to complete the term, the council appointment shall be for the remainder of the uncompleted term. Members are not eligible to serve on the same board or commission if they have served two consecutive full four-year terms.

Removal of Members.

a.

Members of boards and commissions serve at the pleasure of the council and may be removed by a majority vote of the entire council. It shall be presumed that any member who is absent for three consecutive regularly scheduled meetings without cause, or half the regular meetings in a calendar year, or who resides outside the city, has resigned. The staff liaison shall notify the city clerk of a vacancy within five days after the staff liaison has determined that the vacancy exists. Within one week after receiving such notice from the staff liaison, the city clerk shall notify any member whose appointment has automatically terminated and report to the council that a vacancy exists and that an appointment should be made to fill the vacancy.

b.

An absence shall be considered excused if either: (1) the member informs the staff liaison of his/her intended absence at least twenty-four hours prior to the scheduled time of the meeting; or (2) such absence is due to unforeseeable and unavoidable circumstances and reported and explained in writing to the staff liaison prior to the next meeting of the board or commission. Excused absences for medical reasons shall not exceed a period of one hundred twenty calendar days.

c.

Nothing contained in this section shall be deemed to limit the power of the city council to remove any member of any city board, commission or committee at any time, with or without cause.

Quorum.

a.

For boards and commissions, a quorum for the purpose of holding a meeting shall consist of a simple majority of the members then serving. A board or commission may act by an affirmative vote of a simple majority of a quorum. Notwithstanding the foregoing, a quorum for the purposes of holding a meeting of the planning commission, design review board and arts and culture commission shall consist of a simple majority of the members then serving, but not fewer than three members. Further, the planning commission, design review board and arts and culture commission may act by an affirmative vote of a simple majority of a quorum, but not less than three affirmative votes shall be required for the planning commission.

b.

For committees, a quorum for the purpose of holding a meeting shall consist of a simple majority of the members then serving. Two members may conduct a meeting for the purpose of doing the work of a committee and allowing persons interested in becoming members to attend. Formal action of a committee shall require at least three members to be present at a meeting and a simple majority of affirmative votes of a quorum.

Officers. The annual election of officers should occur during the month of April. Officers shall be selected by a majority of the commission for a one-year term and consist of a chairperson (chair) and a vice chairperson. No board member, commissioner or committee member shall serve as chairperson for more than two consecutive years.

Conduct of Business. The conduct of board or commission business shall be by Rosenburg's Rules of Order, or by rules of procedure adopted by the board or commission. Failure to follow the applicable rules of procedure shall not invalidate an otherwise valid action of a board or commission.

Minutes. The staff liaison of the board or commission shall cause minutes to be prepared for the membership and presented at the following meeting for approval by the board or commission. Minutes shall be posted on the city's website within ten days of the board or commission's approval.

Staff Assistance. The city staff shall provide appropriate notice to the members of the agenda for each meeting, and shall provide to the members the draft minutes of the previous meeting for their approval. Each board or commission shall have access to all information possessed by the city concerning its agenda items. The city manager will provide for staff assistance at the meetings of the various boards and commissions.

Meetings. Unless otherwise provided, the boards and commissions shall meet no less than quarterly, on a regularly scheduled basis, in a public meeting room and shall be subject to the Ralph M. Brown Act, Government Code Section 54950 et seq.

C.

Committees shall be governed by the same criteria as boards and commissions unless otherwise prescribed by council resolution.

(Ord. 2007-11 § 1, 2007: Ord. 92-2 Div. 2 (part), 1992.)

(Ord. No. 2013-06, § 1, 12-3-2013; Ord. No. 2021-01, § 3, 2-2-2021; Ord. No. 2024-01, § 1, 4-2-2024)

There shall be a planning commission. It shall have the powers and duties provided by the state "Planning Act" as the same now exists or may hereafter be amended, such other duties as may be conferred upon planning commissions by the laws of the state, and such duties and powers provided in this code or assigned by the council.

The planning director of the city shall be the secretary of the commission.

(Ord. 92-2 Div. 2 (part), 1992.)

There shall be a park and recreation commission. It shall have the powers and duties stated below, and such others as the council may decide:

A.

To act in an advisory capacity to the council and the city manager on all matters pertaining to public recreation, including parks, playgrounds, landscaping within the boundaries of parks, playgrounds and recreational facilities, child care, educational courses, and entertainment;

B.

To make recommendations regarding the annual budget, within its scope of concern, to the city manager and the council;

C.

To make recommendations to the council, annually, concerning fees for city sponsored programs;

D.

To assist in planning recreation programs for the residents of the city, to promote public interest therein, and to solicit the cooperation of other public and private agencies;

E.

To make recommendations to the council regarding present and future needs for park and recreation facilities.

(Ord. 2007-12 § 1, 2007: Ord. 92-2 Div. 2 (part), 1992.)

There shall be a civil service commission. It shall consist of five members. The commission shall have the powers and duties specified in Title 3 of this code, and such other powers and duties as the council may prescribe, or as may be prescribed by the law.

The commission shall decide the order of business for its meetings. It shall meet regularly if its rules require it, or on call of the chairperson or three members. A quorum consists of three members.

(Ord. 95-4 Div. 1 (part), 1995; Ord. 92-2 Div. 2 (part), 1992.)

There shall be a human relations commission. Its members shall generally reflect the diverse population of El Cerrito.

A.

The goal of the commission is to develop positive human relations through education, encouragement of greater respect and understanding among people, equal opportunity rights under the law, and recognition of the racial, ethnic, religious and cultural diversity of the community.

B.

The purpose of the commission is to initiate educational and cultural programs, to promote tolerance and mutual respect among all persons, and to evaluate and make recommendations regarding discrimination charges levied against the city, upon the direction of the council.

C.

It shall have the following powers and duties:

To evaluate and disseminate educational and informational material relating to the elimination of all forms of prejudice and discrimination, and to promotion of tolerance and understanding;

To initiate and encourage educational and other appropriate activities seeking to discourage or prevent discrimination where possible;

To provide information and technical assistance to, and cooperate with, other public agencies, organizations, institutions and persons engaged in activities and programs intended to eliminate prejudice and discrimination;

To consult and maintain contact with other public agencies and community organizations concerned with interracial, interreligious, and intercultural understanding, and such other private organizations and institutions which further the objective of eliminating discrimination;

To review the achievement of the city's equal opportunity program and provide an annual report to the city staff along with recommendations for council consideration;

To develop and recommend to the council additional programs and practices designed to further commission objectives;

To perform such other duties as the council may assign.

(Ord. 2007-12 § 2, 2007: Ord. 95-4 Div. 1 (part), 1995; Ord. 92-2 Div. 2 (part), 1992.)

There shall be a design review board.

A.

It shall have the following powers and duties:

Those specified in Title 19 of this code, to fulfill the design review function for the city;

Those specified in Title 16 of this code, to fulfill the functions of a board of appeals.

B.

It shall consist of five members. At least three of the members shall be members of the design professions. No more than two members may be members of the planning commission.

(Ord. 95-4 Div. 1 (part), 1995; Ord. 92-2 Div. 2 (part), 1992.)

Editor's note— Ord. No. 2013-06, § 2, adopted Dec. 3, 2013, repealed § 2.04.290, which pertained to the economic development board and derived from Ord. 2000-1, Divs. I, II, adopted in 2000; and Ord. 2007-12, § 3, adopted in 2007.

A.

There shall be a financial advisory board consisting of five members who reside in the city and have demonstrated expertise in financial management, accounting, fiscal analysis, computer applications, economic analysis or related skills. The financial advisory board shall have the powers and duties stated below, and such other duties as the council shall decide:

To conduct a review and make recommendations on the proposed annual budget and long-term financial plan for the city and all component units to assist the city council in making decisions on major expenditures and revenue sources, and to include a review of city council compensation consistent with county-wide recommendations included in Contra Costa Grand Jury Report No. 1104;

To monitor the city expenditure and revenue patterns and recommend adjustments to the long-term financial plans as necessary;

To conduct an annual review of the city's comprehensive financial policy and investment policy and make recommendations regarding the managing of the city's financial reserves to assure maximum returns on approved investments;

When requested by the city council, or staff to evaluate proposals, programs and contracts for both long- and short-term financial consequences, assess alternatives and make appropriate recommendations;

To review the annual audit and management letter and provide the city council with recommended changes in financial practices;

To review and make recommendations on all proposed bonds, other debt instruments or long term obligations to be issued or assumed by the city; and

To review the form and format of budget documents, agenda bills and other recurring financial reports prepared by the city and issue recommendations to the city council and the city manager regarding how the form and format of these documents may be modified to allow for greater clarity in the manner financial information is reported.

(Ord. 2007-2 § 1, 2007: Ord. 2000-3 Div. 1, 2000.)

(Ord. No. 2010-01, § 1, 1-19-2010; Ord. No. 2012-03, § 1, 12-18-2012)

A.

There shall be an arts and culture commission consisting of seven members. These members shall demonstrate a commitment to the various arts disciplines, including but not limited to: fine arts, visual arts, performing arts, literary arts, art history and arts education.

B.

The commission shall have the following powers and duties as stated below, and such others as assigned from time to time by the city council:

To act in an advisory capacity to the city council in all matters pertaining to arts in the community;

Make recommendations to the city council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in city-sponsored activities, and ways to encourage community involvement in the arts;

Work cooperatively with city boards and commissions and other public and private organizations in creating and promoting art and cultural programs and activities within the city;

Coordinate and strengthen existing organizations in the arts and develop cooperation with regional organizations;

Make recommendations to the city council regarding the funding of community art projects, including the search for private and public grants, and regarding the disbursement of revenues consistent with the needs of

the community;

Review and make recommendations to the city council upon all works of art to be acquired by the city, either by purchase, gift or otherwise and exterior works of art installed in the city on public property;

Recommend to the City Council the adoption of such ordinances or policies as it may deem necessary for the administration and preservation of the arts and cultural development of the city.

(Ord. 2003-1 Div. 1, 2003.)

A.

Committee Established. There is hereby established in the city of El Cerrito a citizens' oversight committee to monitor the expenditures of revenue collected pursuant to Chapter 4.60 (the "Pothole Repair and Local Street Improvement and Maintenance Transactions and Use Tax") only and report to the people and the city council. The title of this committee shall be the "Street Repair and Maintenance Citizens' Oversight Committee" (hereinafter the "Citizens' Oversight Committee" or the "Committee").

B.

Selection of Members.

Members of the citizens' oversight committee shall be appointed by majority vote of the city council. The committee shall consist of five members. The citizens' oversight committee members shall not be current city of El Cerrito employees, officials, contractors or vendors of the city. Past employees, officials or vendors shall be eligible to serve on the committee, provided that such service would not be a violation of law, as determined by the city attorney.

Of the members of the committee first appointed, three shall be appointed for terms of four years and two for terms of three years. Their successors shall be appointed for terms of four years. No member may serve more than two consecutive four-year terms.

The city council shall solicit citizens' oversight committee members through an open application process that is promoted through the city's normal recruiting process. Any El Cerrito resident is eligible to apply for committee membership, subject to the limitations specified above. All applications will be reviewed by the city council, which will have the authority to make all final decisions on committee representation, subject to these guidelines.

C.

Purpose and Jurisdiction.

The citizens' oversight committee shall review expenditures of revenue collected pursuant to this chapter only to determine whether such funds are expended for the purposes specified in the then-current street repair and maintenance expenditure plan, and issuing reports on their findings to the city council and public at least annually. The committee may also review the annual financial or performance audits performed by an independent auditor. The committee shall confine its oversight specifically to revenues generated under Chapter 4.60. Revenue generated through other sources shall be outside the jurisdiction of the street repair and maintenance citizens' oversight committee.

In order to preserve the integrity and independence of the oversight process, committee members will not play a formal role in contracting, project management, or any other aspect of the street repair and maintenance measure funding.

The committee is not charged with decision-making on spending priorities, schedules, project details, funding source decisions (e.g., leveraged funds, developer fees, etc.), financing plans, or tax rate assumptions. The committee shall serve in an advisory-only role to the city council. The committee shall have no jurisdiction other than that delegated to it by the people pursuant to this chapter. The failure of the committee to carry out any of its duties under this section shall not affect the validity of any of the provisions of Chapter 4.60. 4. The city of El Cerrito city manager or his or her designee shall provide any reasonable administrative or technical assistance required by the committee to fulfill its responsibilities or publicize its findings.

D.

Meetings. The citizens' oversight committee shall meet semi-annually (or as otherwise provided for in approved or amended by-laws) with specific meeting dates to be determined by the committee. Citizens' oversight committee meetings are subject to the requirements of the Ralph M. Brown Act (Government Code Section 54950 et seq., as may be amended from time to time). Meetings must be noticed and open to the public. Additional meetings may be scheduled by the committee as necessary. All committee members shall attend a training and orientation session upon commencing their duties.

E.

Attendance. Committee members are expected to attend all regular meetings.

F.

Committee Operations. At the first meeting of each calendar year, the citizens' oversight committee will select members to serve as chair and vice chair of the committee. A city staff person will be appointed by the city manager or his or her designee to serve as secretary. The secretary will be responsible for preparing, posting and distributing agendas and taking minutes at each meeting. Approved minutes shall be made available to the public. Committee decisions, positions, findings and procedures shall require a simple majority of those members voting.

G.

Vacancies. In the event of removal, resignation, or death, the city council shall appoint a person to fill the vacant seat.

H.

Miscellaneous. With the exception of those items specifically addressed in this chapter, the committee may draft and adopt its own standard procedures and by-laws by majority vote. All citizens' oversight committee procedures and by-laws remain subject to review and approval by the city council. Citizens' oversight committee reports and audits are subject to review and approval of the city council.

(Ord. 2008-3 § 2, 2008.)