Mammoth Lakes Municipal Code Ch. 2.04 Town Council

The regular meeting of the Town Council shall be held on the first Wednesday of each month at the hour of 4:00 p.m. local time and on the third Wednesday of each month at the hour of 4:00 p.m. local time. The regular meetings of the Town Council shall be held at the Council chamber.

(Prior Code, §§ 2.04.010, 2.04.020; Code 1990, §§ 2.04.010, 2.04.020; Ord. No. 7, § 1, 1984; Ord. No. 86-15, § 1, 1986; Ord. No. 17-01, § 1(exh. A), 1-4-2017; Ord. No. 20-08, § 1, 7-1-2020)

(a) Any person who engages in disorderly behavior that actually disrupts, disturbs, or otherwise impedes the orderly conduct of any Town Council meeting shall, upon an order by the presiding officer or a majority of the Town Council, be barred from further audience before the Town Council during that meeting, pursuant to the provisions of Subsection (d) of this section.

(b) Disorderly behavior under Subsection (a) of this section may include, but is not limited to, speaking without being recognized by the presiding officer; continuing to speak after the allotted time has expired; speaking on an item at a time not designated for discussion by the public of that item; throwing objects; speaking on an issue that is not within the jurisdiction of the Town Council; and refusing to modify conduct after being advised by the presiding officer that the conduct is disrupting the meeting, or disobeying any other lawful order of the presiding officer or a majority of the Town Council.

(c) When practicable, the presiding officer or a majority of the Town Council shall give a warning to the person who is breaching the rules of conduct to comply with the rules of conduct hereunder. Such a warning shall articulate the rule of conduct being violated and the manner in which the person must comply. A warning shall not be necessary when it would not be effective under the circumstances, including, but not limited to, when the disturbance is such that the warning cannot be heard above the noise, or the conduct of the person constitutes an immediate threat to public safety, such as the throwing of objects or specific threats of harm and the apparent, present ability to carry out such threats. A warning shall also not be necessary when an individual violates the rules of conduct more than once during a Council meeting.

(d) A person who engages in disorderly behavior shall be barred from the remainder of that Council meeting by the presiding officer or a majority of the Town Council when that person:

(1) Continues the disorderly behavior after receiving a warning; or

(2) Engages in disorderly behavior and no warning is practicable under the circumstances.

(e) The continuation of disorderly behavior after receiving a warning, repeated disorderly behavior during a Council meeting, disorderly behavior at a Council meeting, after a Council meeting, or disorderly behavior that is so significant that a warning cannot be given, constitutes the type of behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of a Town Council meeting.

(f) The following conduct shall be unlawful and shall be punishable as a misdemeanor:

(1) Continuing to engage in disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of any Town Council meeting, after receiving a warning;

(2) Refusing to leave a Town Council meeting after being directed to do so; or

(3) Returning to a Council meeting after being barred, removed or directed to leave such meeting as set forth herein.

(Prior Code, § 2.04.030; Code 1990, § 2.04.030; Ord. No. 17-01, § 1(exh. A), 1-4-2017)

The Town Council shall, by resolution, adopt rules of procedure to govern the conduct of its meetings, any of its other functions and activities, and regulations pertaining thereto.

(Prior Code, § 2.04.040; Code 1990, § 2.04.040)

Pursuant to California Government Code § 36516, effective upon the beginning of the term of office for any member of the Town Council elected at the November 2026 election, or upon December 2, 2026, whichever occurs later, compensation shall be paid to each member of the Town Council in the amount of $1,245.09 per month. The compensation prescribed in this section is and shall be exclusive of any benefits provided to Town Councilmembers pursuant to Government Code § 36516(d), and any amounts payable to each member of the Council as reimbursement for actual and necessary expenses incurred by him or her in the performance of official duties for the Town, and, accordingly, each member of the Council shall receive reimbursement for such actual and necessary expenses incurred in the performance of official duties for the Town, pursuant to the provisions of Government Code § 36514.5, as amended from time to time. Such reimbursement shall be as established by a policy resolution adopted by the Town Council.

(Prior Code, § 2.04.050; Code 1990, § 2.04.050; Ord. No. 14-03, § 2, 4-16-2014; Ord. No. 22-08, § 2, 9-7-2022; Ord. No. 24-07, § 2, 8-21-2024; Ord. No. 26-05, § 2, 8-19-2026)

Unless otherwise specifically provided in this Code or State law, all Town board and commission appointments, except for ex officio members where applicable, shall be made by the Town Council.

(Prior Code, § 2.04.060; Code 1990, § 2.04.060)

Pursuant to Elections Code Section 10202 and Government Code Section 85702.5, no person shall make a contribution or series of contributions totaling more than $3,000.00 per election to a candidate for Town Council, and no candidate for Town Council shall accept more than $3,000.00 from a single contributor per election. Notwithstanding the foregoing, effective on January 1, 2024, each year on January 1, the maximum contribution limit shall be increased by a percentage equal to the most recent year-over-year change in the Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim area published by the State Department of Labor. For avoidance of doubt, the Department of Labor's CPI publishing schedule as of 2023 would require the use of the November 2022 and November 2023 CPI-U numbers for purposes of the calculation required by this section.

(Code 1990, § 2.04.110; Ord. No. 20-09, § 1, 8-19-2020)

(a) Except when an appeals procedure is otherwise specifically set forth in this Code, any person excepting to the denial, suspension or revocation of a permit applied for or held by such person pursuant to any of the provisions of the Code, or to any administrative decision made by any official of the Town, if the denial, suspension, or revocation of such permit or the determination of such administrative decision involves the exercise of such administrative discretion or personal judgment exercised pursuant to any of the provisions of this Code, may appeal in writing to the Council by filing with the Town Clerk a written notice of such appeal.

(b) No appeal may be taken to any such administrative decision made by an official of the Town pursuant to any of the provisions of this chapter unless such decision to appeal has been first taken up with the department head concerned and with the Town Manager, and each such official has not adjusted the matter to the appellant's satisfaction.

(c) No right of appeal to the Council from any administrative decision made by an official of the Town pursuant to any of the provisions of this Code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this Code, whether the administrative decision involves the denial, suspension or revocation of a permit or any other administrative decision. Also, there shall be no such right of appeal with regard to law enforcement activities involving State law.

(Prior Code, § 2.04.100; Code 1990, § 2.04.070)

(a) Any such notice of appeal shall not be acted upon unless filed within ten days after service of written notice of such action appealed from, provided that, if such notice of action has not been served in writing, the appellant may, within ten days after being apprised of such action, demand service of written notice thereof, and shall have ten days following such service in which to file the notice of appeal.

(b) The notice of appeal shall set forth:

(1) The specific action appealed from;

(2) The specific grounds of the appeal;

(3) The relief or action sought from the Town Council.

In the event any notice of appeal fails to set forth any information required by this section, the Town Clerk shall return the same to the appellant with a statement of the respects in which 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 Town Manager or other public official in pursuance of official duties, the written notice of appeal from the action of an administrative official or from an administrative body of the Town, as the case may be, shall be accompanied by a filing fee. The fee shall be established by the Town master fee schedule.

(Prior Code, § 2.04.110; Code 1990, § 2.04.080; Ord. No. 89-04, § 1, 1989)

Upon the timely filing of a notice of appeal in proper form, the Town Clerk shall schedule the matter promptly upon the Town Council agenda at a subsequent regular meeting and shall cause notice thereof to be given the appellant not less than five days prior to such hearing, unless such notice is waived in writing by the appellant. The Town Clerk shall also cause a copy of the notice of appeal to be transmitted to the official or body whose action has been appealed from.

(Prior Code, § 2.04.120; Code 1990, § 2.04.090)

(a) The Town Council, at the hearing, may limit participation in the hearing to the directly interested parties, or may allow participation by the public. Such public participation, however, shall only be appropriate when the Council deems the same necessary in the public interest. If a hearing is ordered open to public participation, notice thereof shall be given by publishing notice of the same in a newspaper of general circulation in the Town no less than five days prior to the date of such hearing, and by such other means as the Town Council deems necessary.

(b) At the time of consideration of the appeal by the Town Council the appellant shall be limited to a presentation on the specific grounds of appeal and matters set forth in the notice of appeal and shall have the burden of establishing cause why the action being appealed should be altered, reversed or modified. The Town Council may continue the matter from time to time, and at the conclusion of its consideration may affirm, reverse or modify the action appealed from and may take any action that might have been legally taken in the first instance by the official or body from whose action the appeal has been taken. In ruling on the appeal, the findings and action of the Town Council shall be final and conclusive on the matter.

(Prior Code, § 2.04.130; Code 1990, § 2.04.100; Ord. No. 17-01, § 1(exh. A), 1-4-2017)