Chapter 5 — CITY COUNCIL

Section

1-5-1 Meetings of City Council

1-5-2 Salaries

1-5-3 Date of general municipal elections

1-5-4 Selection of Mayor and Mayor Pro Tempore

1-5-5 Length of service of Mayor

1-5-6 Length of service of Mayor Pro Tempore

1-5-7 Administering oaths

1-5-8 Issuance of subpoenas

1-5-9 Council act as redevelopment agency

1-5-10 Open meetings declaration of intent

1-5-11 City Council closed sessions

1-5-12 Closed session attendees

1-5-13 Release of closed session confidential information prohibited

1-5-14 Prohibited acts

(A) Time of regular meetings. The regular meetings of the City Council shall be held on the first and third Tuesdays of each month at the hour of 7:00 p.m. If at any time a regular meeting falls on a holiday, the regular meeting shall be held on the next business day.

(B) Place of regular meetings. The regular meetings of the City Council shall be held in the City Council chambers, 1416 C Street, Livingston, California.

(Ord. 440, passed 3-7-1995)

(A) Purpose. This section is enacted under Cal. Gov’t Code § 36516 which authorizes a City Council to provide by ordinance that each member of the Council may receive a salary based upon the population of the city as determined by estimates made by the State Department of Finance.

(B) Population. On the date this section is adopted, the latest estimate of population of the city made by the State Department of Finance is 15,448.

(C) Salaries. Each member of the City Council may receive the sum of $250 per month as prescribed in Cal. Gov’t Code § 36516 for a city having a population of up to and including 35,000. The Mayor may receive $300 per month.

(D) Increase or decrease. When the State Department of Finance makes a new estimate of population placing the city in a population group other than set forth in subsection (C) of this section, the salary, payable to each member of the Council, shall be increased or decreased, as the case may be, in order to equal the sum set forth for that population group in Cal. Gov’t Code § 36516. However, the increase or decrease in the salary becomes payable only after the date when one or more members of the Council become eligible for the new salary beginning a new term of office following the succeeding general municipal election held in the city.

(Ord. 331, passed 5-19-1987)

Under the authority of Cal. Elections Code §§ 1000 et seq., the general municipal election shall be held on the first Tuesday after the first Monday in November in each even numbered year.

(Ord. 331, passed 5-19-1987)

(A) The City Council shall meet on the first regular Council meeting after the general municipal election and choose one of its number as Mayor, and one of its number as Mayor Pro Tempore.

(B) The Mayor and Mayor Pro Tempore shall serve until a new Mayor and a new Mayor Pro Tempore are chosen after the next general municipal election.

1. However, the Council may remove the Mayor or the Mayor Pro Tempore at any time without cause upon an affirmative

vote of two-thirds of the members of the Council.

2. For example, with one vacancy on the Council, three of the four remaining Council member would have to vote

affirmatively for the removal of the Mayor or Mayor Pro Tempore. When the vacancy is filled, four of the five Council member would have to vote for removal.

(Ord. 331, passed 5-19-1987)

(A) No Council person shall be selected for Mayor for more than two consecutive four-year terms and no Council person shall be selected Mayor for the next term who has held the office of Mayor, or acted as Mayor for more than one year of a term to which some other Council person was initially selected as Mayor.

(B) There is no limitation on the number of nonconsecutive terms a Council person can serve as Mayor.

(Ord. 331, passed 5-19-1987)

(A) No Council person shall be selected Mayor Pro Tempore for more than two consecutive four- year terms and no Council person shall be selected as Mayor Pro Tempore for the next term who has held the office of Mayor Pro Tempore, or acted as Mayor Pro Tempore, for more than one year of a term to which some other Council person was initially selected as Mayor Pro Tempore.

(B) There is no limitation on the number of nonconsecutive terms a Council person can serve as Mayor Pro Tempore.

(Ord. 331, passed 5-19-1987)

In addition to the City Clerk and any Deputy City Clerk, each member of the City Council and any hearing officer appointed by the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding within the City Council’s jurisdiction. This provision shall also apply to any investigation or proceeding where the City Council is sitting as a board of appeal or a board of review, such as under Title 4, Chapter 1 of this code of ordinances, and to any investigation or

proceeding pending before a duly appointed committee of the City Council.

(Ord. 331, passed 5-19-1987)

(A) In any investigation or proceeding within the City Council’s jurisdiction, the City Council and any hearing officer appointed by the City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it.

(B) The City Clerk may issue a subpoena or subpoena duces tecum signed and sealed to a party requesting it. Subpoenas and subpoena duces tecum shall not be issued in blank and the requesting party must submit a properly filled in subpoena or subpoena duces tecum form to the City Clerk. The requesting party shall use a subpoena or subpoena duces tecum form approved by the City Clerk or a civil subpoena form adopted by the Judicial Council of California properly modified for the investigation or proceeding in question. Compliance with the provisions of Cal. Code of Civil Procedure § 1985 shall be a condition precedent to the issuance of a subpoena duces tecum. Subpoenas and subpoenas duces tecum must be served at least 48 hours before the time the person is supposed to appear as a witness or to produce any evidence.

(C) No witness shall be obliged to attend at a place out of the county in which he or she resides unless the distance is less than 150 miles from the witnesses’ place of residence except that the City Clerk, upon affidavit of any party showing that the testimony of such witness is material and necessary, may endorse on the subpoena an order requiring the attendance of such witness.

(D) All witnesses appearing pursuant to subpoena, other than the parties shall receive witness fees and mileage in the same amounts and under the same circumstances as prescribed by law for witnesses in civil actions in a superior court. Fees and mileage shall be paid by the party at whose request the witness is subpoenaed.

(E) Whenever any person duly subpoenaed to appear and give evidence or to produce any matters or things neglects or refuses to appear, or to produce any matters or things, as required by the subpoena, or refuses to be sworn or to testify or to answer any questions which are proper and pertinent, that person shall be deemed in contempt and shall be punishable as provided by the general laws of the state.

(F) This section shall also apply to any investigation or proceeding where the City Council is sitting as a board of appeal or a board of review, such as under Title 4, Chapter 1 of this code. Whenever the City Council appoints any of its members to a committee for any investigation or proceeding within the City Council’s jurisdiction, or upon the request of any duly constituted city commission or board in any proceeding or investigation before such commission or board and within that commission’s or board’s jurisdiction, the City Council at its discretion may authorize by resolution upon a finding of good cause such committee, commission or board the power and authority to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence for that proceeding or investigation in accordance with this section.

(Ord. 331, passed 5-19-1987)

(A) Agency established. Blighted areas appear to exist in the city as defined in §§ 33030 et seq. of the Cal. Health and Safety Code Chapter 1, Article 3 of Part 1, Division 24, which Part 1 of said Division 24 of said code is known as the Community Redevelopment Law.

1. Pursuant to Cal. Health and Safety Code Chapter 1, Article 3 of Part 1, Division 24, § 33100 of the Community

Redevelopment Law, there is in the city a public body, corporate and politic for the purpose of exercising the powers granted by the Community Redevelopment Law, but provided, pursuant to Cal. Health and Safety Code Chapter 1, Article 3 of Part 1, Division 24, § 33101 thereof, that said public body, corporate and politic, shall not transact any business or exercise any powers, unless by ordinance the City Council declares there is a need for such agency to function.

2. It is hereby determined and declared pursuant to Cal. Health and Safety Code Division 24, Part 1, Chapter 1, Article 3, §

33100 of the Community Redevelopment Law that there is a need for the redevelopment agency created by Cal. Health and Safety Code Division 24, Part 1, Chapter 1, Article 3, § 33100 of said law to function in the city, and said agency is hereby authorized to transact business and exercise its powers under the community redevelopment law.

3. The official name of the redevelopment agency is hereby declared to be the “Livingston Redevelopment Agency”.

(B) City Council as agency. Section 33200 of the California Community Redevelopment Law (Cal. Health and Safety Code Division 24, Part 1, Chapter 3, Article 1, § 33200) provides the legislative body of the community may, by adoption of an ordinance, declare itself to be the redevelopment agency.

1. Pursuant to the provisions of Cal. Health and Safety Code Division 24, Part 1, Chapter 3, Article 1, § 33200 of the

Community Redevelopment Law this body declares itself to be the Livingston Redevelopment Agency.

2. All rights, powers, duties, privileges and immunities vested by the community redevelopment law in such agency shall

become and are vested in the City Council.

3. The City Council hereby finds that declaring itself to be the Livingston Redevelopment Agency will serve the public

interest and promote the public safety and welfare in an effective manner.

(Ord. 331, passed 5-19-1987)

It is the intent that the actions of the City Council or any city committee, board or commission created by the governing body be taken openly and that their deliberations be conducted openly, except where limited in accordance with state law. Accordingly, all meetings of the City Council and any city committee, board or commission shall be open and public, and all persons shall be permitted to attend any meeting of the City Council or any city committee, board or commission created by the governing body, except where such meetings are held in closed session, as permitted by the Ralph M. Brown Act (the “Brown Act”).

(Ord. 571, passed 6-3-2008)

Statutory reference:

Closed session, see Cal. Gov’t Code §§ 54956.7 et seq.

CLOSED SESSION shall mean and include any City Council meeting that is held as part of a regular, special or emergency meeting, but is not open to the public because it is held pursuant to a specific exemption in the Ralph M. Brown Act (the “Brown Act”), or any amendment made thereto after the effective date hereof, to consider the following:

(A) License/permit determinations (Brown Act Cal. Gov’t Code § 54956.7);

(B) Conference with real property negotiator (Brown Act Cal. Gov’t Code § 54956.8);

(C) Conference with legal counsel - existing litigation (Brown Act Cal. Gov’t Code § 54956.9);

(D) Conference with legal counsel - anticipated litigation (Brown Act Cal. Gov’t Code § 54956.9);

(E) Liability claims (Brown Act Cal. Gov’t Code § 54961);

(F) Threat to public services or facilities (Brown Act Cal. Gov’t Code § 54957);

(G) Public employee appointment (Brown Act Cal. Gov’t Code § 54957);

(H) Public employment (Brown Act Cal. Gov’t Code § 54957);

(I) Public employee performance evaluation (Brown Act Cal. Gov’t Code § 54957);

(J) Public employee discipline/dismissal/release (Brown Act Cal. Gov’t Code § 54957);

(K) Conference with labor negotiators (Brown Act Cal. Gov’t Code § 54957.6);

(L) Case review/planning (multijurisdictional drug law enforcement agency) (Brown Act Cal. Gov’

(M) Report involving trade secret;

(N) Hearings;

(O) Charge or complaint involving information protected by federal law (Brown Act Cal. Gov’t Code § 54956.86);

(P) Conferences involving joint powers agency (Brown Act Cal. Gov’t Code § 54956.96); and

(Q) Audit by Bureau of State Audits (Brown Act Cal. Gov’t Code § 54956.75).

(Ord. 571, passed 6-3-2008)

Statutory reference:

Brown Act, see Cal. Gov’t Code §§ 54950 through 54963

Exemptions, see Cal. Gov’t Code §§ 54957.6 et seq.

Hearings; reports involving trade secrets, see Cal. Health and Safety Code §§ 1461, 32106, 32155; Cal. Gov’t Code §§ 37606, 37624.3

All City Council members shall receive notice of all closed sessions. Attendance at a closed session, other than City Council members, shall be limited to those actually necessary to advise or take direction from the City Council regarding a specific issue given the specific purpose of the session. This may include the City Attorney, the City Manager, senior management staff, experts, negotiators or consultants. Third parties not serving as agents of the City Council shall not attend closed sessions with the exception of witnesses in the event of a closed session to hear charges or complaints brought against an employee.

(Ord. 571, passed 6-3-2008)

(A) It shall be unlawful for any member of the City Council or other person in attendance at a lawfully held closed session of the City Council to release or disclose confidential information that has been acquired by being present in the closed session to

a person not entitled to receive it, unless the disclosure is authorized by majority vote of the City Council, or mandated by court order.

(B) For purposes of this section CONFIDENTIAL INFORMATION shall mean a communication made in a closed session that is specifically related to the basis for the legislative body to meet lawfully in closed session. It shall include, for example, a report or document prepared exclusively for closed session, or presented, reviewed and discussed by the City Council exclusively in closed session.

(C) Authorization to release or disclose any confidential information to a person not entitled to receive it, shall be granted only upon majority vote of the City Council members present in the closed session where the item, information, report, material or document is discussed or acted upon.

(D) Notwithstanding the foregoing, any person may disclose information acquired during closed session, whether confidential or not, for the following purposes:

1. Making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law,

including disclosing facts to a district attorney or grand jury that are necessary to establish the illegality of an action taken by a legislative body of a local agency or the potential illegality of an action that has been the subject of deliberation at a closed session if that action were to be taken by a legislative body of a local agency;

2. Expressing an opinion concerning the propriety or legality of actions taken by a legislative body of a local agency in

closed session, including disclosure of the nature and extent of the illegal or potentially illegal action;

3. Disclosing information acquired by being present in a closed session under this chapter that is not confidential

information; and

4. Disclosing information under the whistleblower statutes contained in Cal. Labor Code § 1102.5 or Cal. Gov’t Code Title

5, Division 2, Part 1, Chapter 2, Article 4.5 (commencing with § 53296).

(Ord. 571, passed 6-3-2008)

(A) Every officer, official, employee or agent of the city who intentionally and without proper authorization releases or discloses “confidential information” as defined in this chapter is guilty of a misdemeanor. Any alleged violation of the provisions of this chapter shall be referred to the appropriate parties for prosecution. In addition, the City Council may enforce this chapter by relying upon current available legal remedies including, but not limited to, the following:

1. Seeking injunctive relief to prevent the disclosure of confidential information in violation of this section;

2. Taking disciplinary action against an employee if his or her disclosure is willful; and

3. Referring a City Council member who has willfully disclosed confidential information to the grand jury.

(B) This section does not prohibit the disclosure of any matters discussed, considered at a closed session in violation of the Ralph M. Brown Act, nor disclosure of any other violation of said act.

(Ord. 571, passed 6-3-2008)

Statutory reference:

Brown Act, see Cal. Gov’t Code §§ 54950 et seq.