Jurupa Valley Municipal Code Ch. 2.05 City Council

The electors of the city shall elect Council Members at the general municipal election held every two (2) years on the date of the statewide general election on the second Tuesday following the first Monday 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 Council may adopt a resolution consolidating the general municipal election with the county election.

(Ord. No. 2011-11, § 1(2.05.005), 10-20-2011)

State Law reference— Municipal elections generally, Government Code § 36503.

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. 2011-02, exh. A(2.05.010), 7-1-2011)

State Law reference— Regular meetings, Government Code § 36805.

A. Disruptive behavior prohibited at Council meetings. Any person who engages in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting shall, upon an order by the Mayor, or the presiding officer, or a majority of the City Council, be barred from further audience before the City Council during that meeting.

B. Examples of disruptive behavior. Examples of behavior that can actually disrupt, disturb, or otherwise impede the orderly conduct of a City Council meeting include, but are not limited to, the following:

(1) Speaking without being recognized by the Mayor or the presiding officer.

(2) Continuing to speak after the allotted time has expired.

(3) Speaking on an item at a time not designated for discussion by the public of that item.

(4) Throwing objects.

(5) Speaking on an issue that is not within the jurisdiction of the City Council.

(6) Speaking to the audience rather than to the City Council.

(7) Interrupting a person who is speaking to the City Council during such person's allotted time.

(8) Preventing a person from speaking to the City Council during such time as is allocated for comments from the public.

(9) Wearing of a mask, costume, disguise or other regalia or paraphernalia that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting.

(10) Uttering loud, threatening, or abusive language that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting.

(11) Clapping, whistling, stomping feet, and sign waving that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting.

C. Enforcement. The rules of conduct for City Council meetings set forth in subsection (A) of this section shall be enforced in the following manner:

(1) Warning to desist. Whenever practicable, the Mayor, or the presiding officer, or a majority of the City Council shall give a warning to a person whose behavior is actually disrupting, disturbing or otherwise impeding the orderly conduct of a City Council meeting. The warning shall identify the disruptive behavior and the manner in which the person must comply. A warning shall not be necessary when it would not be effective due to extraordinary circumstances. Examples of extraordinary circumstances in which no warning is required include situations in which a warning would be difficult to hear over the noise of the disturbance; situations involving an immediate threat to public safety such as the throwing of objects or the display of a weapon; and situations involving a person who has been warned about the same type of disruptive behavior at a City Council meeting held within the prior thirty (30) calendar days.

(2) Order barring person from meeting. The Mayor, or the presiding officer, or a majority of the City Council may issue an order barring a person from the remainder of a City Council meeting if such person was warned at that City Council meeting about disruptive behavior and such person again engages in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of the meeting. Additionally, the Mayor, or the presiding officer, or a majority of the City Council may issue an order barring a person from the remainder of a City Council meeting without a warning if there are extraordinary circumstances and the person engages in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of the meeting.

(3) Removal. If a person barred from the remainder of a City Council meeting does not voluntarily exit the Council chambers, the Mayor, or the presiding officer, or a City Council majority may direct the Sergeant-at-arms to remove that person from the Council chambers and exclude that person for the remainder of that meeting.

D. Unlawful behavior. The following conduct shall be unlawful:

(1) Engaging in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of a City Council meeting after receiving a warning at that meeting from the Mayor, or the presiding officer, or a City Council Member.

(2) Refusing to leave the Council chambers after being barred for the remainder of a City Council meeting by the Mayor, or the presiding officer, or a City Council majority.

(3) Returning to the Council chambers before the conclusion of a City Council meeting after being barred for the remainder of that meeting by the Mayor, or the presiding officer, or a City Council majority.

E. Sergeant-at-arms. The Chief of Police, or such members of the Police Department as he or she may designate, shall attend each Council meeting and shall be Sergeant-at-arms of the City Council unless otherwise directed by the City Manager. The Sergeant-at-arms shall carry out all lawful orders given by the Mayor, or the presiding officer, or a majority of the City Council for the purpose of maintaining order at City Council meetings. The Sergeant-at-arms shall have the authority and power to enforce the orders of the Mayor, or the presiding officer, or a majority of the City Council relating to the order and conduct of City Council meetings. Any Council Member may move to require the Mayor, or presiding officer, to enforce the rules of conduct and a majority vote of the Council shall require him or her to do so. The Chief of Police and Police Department are defined in Section 1.05.180.

F. Violations. Any person violating the provisions of this section of the Jurupa Valley Municipal Code, or its successor sections, shall be guilty of a misdemeanor unless, in the discretion of the City Attorney, the violation is prosecuted as an infraction as provided in Chapter 1.15 of the Jurupa Valley Municipal Code. Any person violating the provisions of this section shall also be subject to the criminal, administrative and civil penalties and remedies as provided in Title 1.

G. Accommodation for religious or medical reasons. The Mayor, presiding officer or the City Manager shall be authorized to provide such accommodations for religious or medical reasons as may be needed to enable an individual to attend and participate in the meetings that are required by state or federal law, including, without limitation, the Americans with Disabilities Act and Government Code Section 54954.2.

H. Council rules of procedure. By resolution, the City Council may adopt rules of procedure, decorum and conduct at public meetings as deemed necessary or appropriate by the City Council.

I. Other legislative bodies of the city. The provisions of this section shall apply to the other legislative bodies of the city, including, without limitation, the Planning Commission. In applying this section to other legislative bodies, the term "Mayor" shall be interpreted to mean the presiding officer of the legislative body, and the term "City Council" shall mean the legislative body.

(Ord. No. 2011-02, exh. A(2.05.020), 7-1-2011; Ord. No. 2015-03, § 1, 3-5-2015; Ord. No. 2015-10, § 1, 6-18-2015; Ord. No. 2015-09, § 1, 7-2-2015)

State Law reference— Procedural rules and punishment for disorderly behavior, Government Code § 36813.

A. Minutes of the open session of a City Council meeting shall be approved by the City Council by voice or roll call vote and may be approved on the City Council's consent calendar.

B. Such approved written minutes and the audio or video recordings of the Council meetings constitute the official record of City Council actions. Any other recordings, tapes, and records of the actions of the City Council proceedings which may be deemed duplicate records shall be kept only as required by Government Code Section 34090.7 as it presently exists and as it may from time to time be amended.

(Ord. No. 2011-02, exh. A(2.05.030), 7-1-2011)

A. Pursuant to Government Code Section 36516, as that shall be amended from time to time, compensation shall be paid to each member of the City Council in the amount set forth in that section, and specifically in the amount of six hundred dollars ($600) per month. This compensation is exclusive of any amounts payable to each member of the Council as reimbursement for actual and necessary expenses incurred in the performance of official duties as such reimbursement has been established by City Council Resolution pursuant to the provisions of Government Code Section 53232 et seq. as may be amended from time to time.

B. Pursuant to Government Code Section 36514.5 and other applicable law, City Council Members shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties. The Council shall, by resolution adopted at a public meeting, establish a policy for the payment of such expenses for Council Members.

(Ord. No. 2011-02, exh. A(2.05.040), 7-1-2011)

A. Except for the enumerated categories of appeals and hearings described in subsection B. of this section, any person objecting to a discretionary action of denial, suspension or revocation of a permit applied for or held by him or her 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, including development impact fees pursuant to Chapter 3.75 of this Code, 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. The City Council may also delegate the processing and decision on an appeal to a hearing officer as provided by Chapter 2.40 of this Code.

B. The following matters may not be appealed to the City Council pursuant to this section:

(1) The enumerated categories of appeals and hearings under the jurisdiction of the Hearing Officer set forth in subsection 2.40.010 B. of this Code.

(2) Those matters arising from the provisions of the City Subdivision Ordinance (Title 7 of this Code, Subdivision) and the City Zoning Ordinance (Title 9 of this Code, Planning and Zoning.)

(3) There shall be no appeal of a ministerial action or of any law enforcement action involving state law.

(4) Any other city discretionary action designated by state or local law to be heard by the Planning Commission or any other specified individual or body.

C. No appeal may be filed until the disputed action or matter has been reviewed with the department head and the City Manager.

D. No fee, tax, charge or assessment may be appealed until after payment of the full amount of such fee, charge or assessment.

E. The notice of appeal must be filed within thirty (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.

F. 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 (5) days to correct it and resubmit. The notice shall be accompanied by a fee of two hundred dollars ($200) or in such an amount as set by resolution of the City Council.

G. 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 sixty (60) days following the filing of the notice of appeal and shall give notice of such hearing at least fifteen (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 to the Council.

H. 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, the subcommittee or the Hearing Officer) shall be final. The provisions of this Code shall govern any further challenge.

I. The statute of limitations for actions challenging decisions made pursuant to an appeal to the City Council under this section shall be that set forth in California Civil Procedure Code Section 1094.6 as adopted by the city in Section 1.05.220 of this Code.

(Ord. No. 2011-02, exh. A(2.05.050), 7-1-2011; Ord. No. 2016-04, § 10, 4-7-2016; Ord. No. 2021-02, § 2, 2-4-2021)

A. If the Council has exercised its authority to delegate an appeal to be handled by a Hearing Officer, the provisions of this section shall apply to the appeal.

B. Upon receipt of a timely appeal or the Council's delegation, whichever occurs last, the City Clerk shall make arrangements for the selection of a Hearing Officer to conduct the appeal hearing. Not less than fifteen (15) days prior to the appeal hearing, the City Clerk shall notify the City Manager and the appellant of the names of three (3) qualified persons, attorneys or retired Superior Court or Appellate Court judges to serve as a panel from which the Hearing Officer will be selected. Within five (5) days of the date of mailing the notice of the available panel, the City Manager and the appellant may notify the City Clerk in writing that he or she elects to remove one (1) of the three (3) potential Hearing Officers. At the end of this period, the City Clerk shall then randomly select a Hearing Officer from those remaining or if two (2) have been removed, the City Clerk shall select the remaining Hearing Officer as the designated Hearing Officer for the appeal hearing. Alternatively, the City Clerk may request the State Office of Administrative Hearings or a reputable firm providing mediators and arbitrators to submit the name of a qualified Hearing Officer to hear the appeal. Any request for disqualification or object to such a proposed Hearing Officer shall be made to the agency providing the Hearing Officer for resolution. The Hearing Officer shall be fair and impartial and shall have no bias for or against the City Manager or the appellant.

C. At the appeal hearing, the Hearing Officer shall receive oral and written evidence from the City Manager and the appellant. The Hearing Officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The Hearing Officer shall have broad authority to control the proceedings and to provide for cross examination of witness in a fair and impartial manner. The City Manager shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her decision is based. The appeal hearing shall be recorded by audio recording. Any party may, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript prepared shall be made available for purchase to both parties. The Hearing Officer may continue the appeal hearing from time to time, but only upon written motion of a party showing good cause for the continuance.

D. The Hearing Officer may uphold, modify or reverse the decision of the Enforcement Official. Within ten (10) days of the conclusion of the appeal hearing, the Hearing Officer shall render his or her decision and make written findings supporting the decision. He or she shall send the decision to the City Clerk. Upon receipt of the Hearing Officer's decision, the City Clerk shall send a copy of it to the City Manager and the appellant, along with a proof of mailing. The Hearing Officer's decision shall be final and no further administrative appeal or consideration by the City Council shall be required.

E. Any person aggrieved by an administrative decision of the Hearing Officer may obtain review of the administrative decision by filing a petition for review with the Superior Court of Riverside County in accordance with the timeliness and provisions set forth in Government Code Section 53069.4 or its successor statute.

(Ord. No. 2011-02, exh. A(2.05.060), 7-1-2011)

Five (5) City Council districts are hereby established in the city. The boundaries and identifying number of each district shall be as described on the official "Council District Map" as adopted by Ordinance No. 2022-05 on file in the office of the City Clerk.

(Ord. No. 2017-12, § 2, 8-3-2017; Ord. No. 2022-05, § 3, 4-7-2022)

A. Commencing with the November 2018 general municipal election, members of the City Council shall be elected "by district" as defined in California Government Code Section 34871. A person shall not be eligible to be elected to be a member of the City Council unless he or she is otherwise qualified as required by law, resides in the geographical area making up the district from which he or she is nominated to be elected and is a registered voter of the city at the time nomination papers are issued to the candidate as provided in California Elections Code Section 10227. No term of any member of the City Council that commenced on or prior to the effective date of this chapter shall be affected prior to its expiration date.

B. Registered voters signing nomination papers or voting for a member of the City Council shall be residents of the geographical area making up the district from which the member is to be elected.

C. The terms of the office of each member elected to the City Council shall be four (4) years.

(Ord. No. 2017-12, § 2, 8-3-2017)

Commencing with the general municipal election in November of 2018 and thereafter, the voters in Council Districts 1, 3, and 5 shall elect members of the City Council by district for full four (4) year terms. At the general municipal election in 2020 and thereafter, the voters in Council Districts 2 and 4 shall elect members of the City Council by district for full four (4) year terms.

(Ord. No. 2017-12, § 2, 8-3-2017)

A. Pursuant to California Elections Code Section 21601 the City Council shall adjust the boundaries of any or all of the districts following each decennial federal census. Using the census as a basis, the City Council shall adjust the boundaries in accordance with the standards and provisions of California Elections Code Sections 21600 to 21609, as they now exist or may hereafter be amended, and in compliance with all applicable provisions of law. Any adjustment of district boundaries shall be made by ordinance or resolution adopted by the City Council. The City Council shall hold a public hearing and comply with the procedures for adoption of the proposed district boundaries as required by California Elections Code Sections 21607 and 21607.1, as those sections now exist or may hereafter be amended.

B. At the time of any annexation of territory to the city, the City Council shall designate, by resolution adopted by a vote of at least a majority of the City Council, the contiguous district to which the annexed territory shall be a part and shall amend the district boundaries if necessary in accordance with California Elections Code Section 21603.

C. Pursuant to California Elections Code Section 21606 the term of office of any Council Member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which he or she was elected.

D. At the first election for Council following adjustment of the boundaries of the districts, a person meeting the requirements of California Government Code Section 34882 shall be elected to the City Council for each district under the readjusted district plan that has the same district number as a district whose incumbent's term on the Council is due to expire.

(Ord. No. 2017-12, § 2, 8-3-2017; Ord. No. 2021-31, § 1, 12-16-2021)