Hemet Municipal Code Art. II City Council

Footnotes:

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State Law reference— Legislative body, Government Code § 36800 et seq.

The general municipal election shall be held on the same day as the statewide general election, presently established to be the first Tuesday after the first Monday in November in each even-numbered year. If an election held pursuant to this section is consolidated with another election, the provisions contained in Elections Code § 23300 et seq. shall govern the consolidation, and, if the county clerk is requested to conduct the municipal election, Elections Code § 22003 shall be applicable to that election.

(Ord. No. 871; Code 1984, § 2000)

Editor's note— Ord. No. 1481, § 2, adopted Nov. 23, 1993, repealed former § 2-32, relative to the filling of council vacancies by special election, which derived from Ord. No. 1202 and Code 1984, § 2001.

(a) The regular meeting days and times for the city council shall be on the days and times specified by resolution of the city council.

(b) The regular meeting place of the city council shall be in the City Council Chambers, located at 450 E. Latham, unless such other location is noticed on the agenda.

(Ord. No. 1106; Code 1984, § 2002; Ord. No. 1496, § 1, 7-12-94; Ord. No. 1575, § 1, 12-23-97; Ord. No. 1829, § 1, 9-14-10; Ord. No. 2053, § 2, 1-28-25)

Regular meetings of the city council may be adjourned from time to time. Such adjourned meetings shall be held and deemed regular meetings for all lawful purposes.

(Ord. No. 1106; Code 1984, § 2003)

Special meetings of the city council may be held from time to time at a time and place as prescribed by law.

(Ord. No. 1106; Code 1984, § 2004)

(a) Purpose. This section is enacted pursuant to Government Code § 36516, which authorizes the city council to provide by ordinance that each councilmember may receive a compensation based upon the population of the city. Government Code § 36516(a)(3) states that "…the population of a city shall be determined by the last preceding federal census…" On April 1, 2020, the federal census determined that the population of the city is 89,883.

(b) Compensation. The compensation for each councilmember shall be $1,900.00 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 a councilmember for actual and necessary expenses, shall not be included for purposes of determining compensation.

(c) Effective. Pursuant to Government Code § 36515.5 and Senate Bill 329, the above amendment to councilmember salary shall be effective when at least one member of the city council commences a new term on or after the effective date of the ordinance codified in this section.

(d) Initiative measure limiting health benefits for elected officials. The city shall not pay for, fund, or otherwise contribute to, the premiums, charges, fees or other costs of health benefits made available by the city to elected city officials either during their term or after their term of office. This measure shall only affect city officials elected to office after October 1994. Nothing in this measure shall prohibit the city from making health benefits that are generally available to other city employees also available to elected city officials during or after his/her term of office, provided that such health benefits are provided at the sole cost of the elected city official. City ordinances, resolutions, or policies, or portions thereof, in effect as of the date referenced below, that are inconsistent or in conflict with this measure shall be deemed repealed and no longer of any effect to the extent necessary to harmonize such documents with this measure. This measure shall take effect at the conclusion of the general election held on Tuesday, November 6, 2012, and shall continue thereafter.

(Ord. No. 142; Code 1984, § 2005; Ord. No. 1521, § 1, 6-13-95; Ord. No. 1576, § 2, 1-23-98; Ord. No. 1618, § 1, 6-27-00; Ord. No. 1672, § 1, 8-13-02; Ord. No. 1715, §§ 1, 2, 5-11-04; Ord. No. 1764, § 1, 7-11-06; Res. No. 4369, § 2, 7-27-10 (passed by voters 11-2-10); Ord. No. 2042, § 2, 8-13-24)

During their lifetime no person shall serve, whether by means of election or appointment, more than three terms of office as a city councilmember, as the treasurer, or as any other elected city official. This term limit shall be applied separately to each different type of elected office held. A partial term of office shall be considered to be a full term where more than one-half of the regular term of office has been served. This measure shall apply prospectively, taking effect as to terms commencing in 2012 and thereafter.

(Res. No. 4368, § 2, 7-27-10 (passed by voters 11-2-10))

(a) Except when an appeals procedure is otherwise specifically set forth in this Code, any person objecting to the denial, conditional approval, suspension or revocation of a permit, license or other approval pursuant to any provision of this code, or to any discretionary decision made by any official, commission or board of the city, may appeal in writing to the city council by filing with the city clerk a written notice of such appeal.

(b) No right of appeal to the city council from any administrative decision made by any official, board or commission of the city pursuant to any provision of this Code shall exist when such decision is ministerial or involves a matter of protocol and thus does not involve the exercise of discretion or personal judgment, whether the administrative decision involves the denial, conditional approval, suspension or revocation of a permit, license, approval or any other administrative decision. There shall be no such right of appeal with regard to law enforcement activities involving state law.

(Ord. No. 1773, § 1(Exh. A), 2-13-07)

(a) The notice of appeal must be filed by the appellant no later than ten days from the date the action was taken which gives rise to the appeal.

(b) The notice of appeal shall set forth the:

(1) Specific action appealed from;

(2) Specific grounds of the appeal;

(3) Relief or action sought from the city council; and

(4) Address where notice can be sent to the appellant.

In the event any notice of appeal fails to set forth any information required by this section, the city manager or his or her designee shall return the same to the appellant with a statement explaining how 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 pursuant to official duties, the written notice of appeal shall be accompanied by such fee as may be established by resolution of the city council.

(Ord. No. 1773, § 1(Exh. A), 2-13-07)

Upon the timely filing of a notice of appeal in proper form and with all required information, the city clerk shall schedule the matter as soon as reasonably possible, but no later than the next regular city council meeting which occurs 45 days after a complete notice of the appeal has been filed according to section 2-39. The city clerk shall cause notice thereof to be given to the appellant not less than ten days prior to such hearing. The city clerk shall also cause a copy of the notice of appeal to be transmitted to the official, board or commission whose decision has been appealed from.

(Ord. No. 1773, § 1(Exh. A), 2-13-07)

(a) The hearing shall be limited to the specific grounds set forth in the written appeal. The city council shall review the matter under a de novo standard of review. The appellant and the city manager or his or her designee shall have the right to offer testimonial, documentary and tangible evidence bearing on those grounds, be represented by counsel, and confront and cross examine witnesses. The city council shall not be bound by the formal rules of evidence. The city council may establish additional procedures not in conflict with the provision of this subsection. The hearing may be continued from time to time.

(b) The city council is authorized to take testimony and in the course of so doing is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure § 2093(a).

(c) The city council may inspect the premises involved in the hearing prior to, during or after the hearing, provided that:

(1) Notice of such inspection shall be given to the parties before the inspection is made.

(2) The parties are given an opportunity to be present during the inspection.

(3) The city council shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and each conclusion drawn from such facts.

(4) Each party shall have the right to rebut or explain the matters referenced by the city council either during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

(Ord. No. 1773, § 1(Exh. A), 2-13-07)

Within 45 days after the conclusion of the appeal hearing, the city council shall act on the appeal and the city clerk shall deposit in the U.S. mail, certified mail, return receipt requested, addressed to the appellant at the address shown on the appeal application, written notice of the decision, including a factual statement of the findings upon which the decision was based. The notice of decision must include a reference to the appellant's right to prompt judicial review under California Code of Civil Procedure § 1094.8.

(Ord. No. 1773, § 1(Exh. A), 2-13-07)

The action of the city council shall be final unless timely judicial review is sought pursuant to California Code of Civil Procedure § 1094.8.

(Ord. No. 1773, § 1(Exh. A), 2-13-07)

(a) Pursuant to California Government Code section 34886, members of the City Council of the City of Hemet 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 2-45 and subsequently reapportioned as provided by state law. Elections shall take place "by-district" as that term is defined in California Government Code section 34871, meaning one member of the city council shall be elected from each district, by the voters of that district alone. Each member of the city council shall serve a four-year term until his or her successor is qualified.

(2) Except as provided in subsection (b)(3) of this section, the council member elected to represent a district shall be otherwise qualified, reside in the district, and, at the time nomination papers are issued to the candidate, reside in the district from which he or she is elected and be a registered voter of the district as shown by the records of the county registrar of voters. Termination of residency in a district by a council member shall create an immediate vacancy for that council district. A person does not gain residency in any district into which he or she comes for temporary purposes merely, without the intention of making that district his or her home.

(3) Notwithstanding any other provision of this section, the members of the city council in office at the time the ordinance 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 2-45 and as provided in section 2-46.

(Ord. No. 1916, § 1, 4-26-16; Ord. No. 2010, § 1, 4-11-23)

(a) Subject to section 1.12.040, 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 intersection of N Santa Fe St. and the city's northern border approximately 80 feet north of Menlo Ave., thence proceeding south along Santa Fe St. to Menlo Ave.; thence proceeding westerly along Menlo Ave. to N Lyon Ave.; thence proceeding southerly along Lyon Ave. to W Florida Ave. (also known as State Highway 74); thence proceeding easterly along Florida Ave. to the city's eastern 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 intersection of N Santa Fe St. and the city's northern border approximately 80 feet north of Menlo Ave., thence proceeding south along Santa Fe St. to Menlo Ave.; thence proceeding westerly along Menlo Ave. to N Cawston Ave.; thence proceeding southerly along Cawston Ave. to W Florida Ave. (also known as State Highway 74); thence proceeding westerly along Florida Ave. to the city's western border; thence proceeding clockwise along the city border to the point of beginning.

(3) Council district 3 shall comprise all that portion of the city beginning at the intersection of the city's western border, W Florida Ave. and the San Diego Aqueduct Canal; thence proceeding southerly along the city border to Stetson Ave; thence proceeding easterly along Stetson Ave. to S Palm Ave.; thence proceeding northerly along Palm Ave. to W San Marcos Dr.; thence proceeding easterly along San Marcos Dr. to Malaga Pl.; thence proceeding northerly along Malaga Pl. to W Johnston Ave.; thence proceeding easterly along W Johnson Ave. to S Gilbert St.; thence proceeding northerly along Gilbert St. to Marbella Ave.; thence proceeding westerly along Marbella Ave. to Madera St.; thence proceeding northerly along Madera St. to Whittier Ave.; thence proceeding westerly along Whittier Ave. to Lyon Ave.; thence proceeding northerly along Lyon Ave. to Menlo Ave.; thence proceeding westerly along Menlo Ave. to N Cawston Ave.; thence proceeding southerly along Cawston Ave. to W Florida Ave. (also known as State Highway 74); thence proceeding westerly along Florida Ave. to the point of beginning.

(4) Council district 4 shall comprise all that portion of the city beginning at the intersection of the city's western border and Stetson Ave.; thence proceeding easterly along Stetson Ave. to S State Street; thence proceeding southerly along S State Street to the city's southern border; thence proceeding clockwise along the city border to the point of beginning.

(5) Council district 5 shall comprise all that portion of the city beginning at the intersection of the city's southern border and S State Street; thence proceeding northerly along State St. to Stetson Ave.; thence proceeding westerly along Stetson Ave. to S Palm Ave.; thence proceeding northerly along Palm Ave. to W San Marcos Dr.; thence proceeding easterly along San Marcos Dr. to Malaga Pl.; thence proceeding northerly along Malaga Pl. to W Johnston Ave.; thence proceeding easterly along W Johnson Ave. to S Gilbert St.; thence proceeding northerly along Gilbert St. to Marbella Ave.; thence proceeding westerly along Marbella Ave. to Madera St.; thence proceeding northerly along Madera St. to Whittier Ave.; thence proceeding westerly along Whittier Ave. to Lyon Ave.; thence proceeding northerly along Lyon Ave. to W Florida Ave. (also known as State Highway 74); thence proceeding easterly along Florida Ave. to the city's eastern 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. 1916, § 1, 4-26-16)

Council members shall be elected in council districts 1, 3 and 4 beginning at the general municipal election in November 2016, and every four years thereafter. Council members shall be elected from council districts 2 and 5 beginning at the general municipal election in November 2018, and every four years thereafter.

(Ord. No. 1916, § 1, 4-26-16)