Pismo Beach Municipal Code Ch. 2.04 City Council

Members of the council elected at a general or special municipal election shall take their office no later than the next regularly scheduled city council meeting following completion of the canvass of the returns, or at a special meeting called for this purpose. A member of the council shall be deemed to have taken office upon being administered, and signing a written copy of, an oath of office in the standard form prescribed for agency officers.

(Ord. O-2020-001, § 2 (part), 2020)

A. Each member of the city council shall receive, as salary, the sum of nine hundred twenty-six dollars and sixty-four cents ($926.64) per month, as prescribed by Section 36516 et seq. of the Government Code for cities of up to and including thirty-five thousand in population, effective as of the date one or more members of the city council are sworn in for a new term of office following certification of the results of the November 8, 2022 general election.

B. Pursuant to Government Code Section 36516.1, in addition to the above salary received as a member of the city council, the mayor shall receive three hundred dollars ($300.00) per month.

C. In addition, each member of the council shall be reimbursed for actual expenses incurred in the performance of the council's duties in such amounts as may be approved by resolution. Both the salary and the expense reimbursements shall be payable at the same time and in the same manner as the same are paid to other officers and employees of the city.

(Ord. O-2022-006, § 2, 2022: Ord. O-2020-001, § 2 (part), 2020)

Any change in salary for members of the council shall become operative only on and after the date upon which one or more members of the council become eligible for the salary prescribed, by virtue of beginning a new term of office following the general municipal election next succeeding the effective date of the salary change.

(Ord. O-2020-001, § 2 (part), 2020)

A. Following any new and later estimate of population made by the state department of finance placing the city in a population group other than that set forth in Section 2.04.020A., the salary payable to each member of the council shall be increased or decreased in accordance with the amount prescribed for that population group in Government Code Section 36516 et seq.

B. The salary payable to each member of the council may be otherwise increased in accordance with the provisions of Government Code Section 36516 et seq.

C. Any salary increase shall be enacted by amendment of this chapter. No automatic future increases may be provided for, in accordance with Government Code Section 36516(a)(4).

(Ord. O-2020-001, § 2 (part), 2020)

In addition to the salary prescribed in this chapter, members of the council shall be eligible to be reimbursed for actual expenses incurred in the performance of the council's duties in such amounts as may be approved by resolution.

(Ord. O-2020-001, § 2 (part), 2020)

In addition to the salary prescribed in this chapter, members of the council shall be eligible to receive benefits such as retirement contributions, health insurance, and life insurance, in such amounts as may be approved by resolution.

(Ord. O-2020-001, § 2 (part), 2020)

Salary, expense reimbursement, and other benefits paid to members of the council shall be payable at the same time and in the same manner as salaries are paid to other officers and employees of the city.

(Ord. O-2020-001, § 2 (part), 2020)

The city council shall hold regular meetings, the time, date, and orders of business for which shall be established by city council resolution. Regular meetings may be cancelled by action of a majority of the council. If less than a majority of members of the council are present at a regular meeting which has not been cancelled in advance, a member of the council or a staff member may declare the meeting to be adjourned.

(Ord. O-2020-001, § 2 (part), 2020)

Special meetings may be called at any time by the mayor, or by three or more members of the council, in accordance with Government Code Sections 54956 through 54956.5.

(Ord. O-2020-001, § 2 (part), 2020)

A. All regular and special meetings of the city council shall be public; provided, however, the city council may hold closed sessions from which the public may be excluded in accordance with Government Code Section 54950 et seq.

B. With the exception of actions taken in closed session that are required by law to be publicly reported, no member of the council, employee of the city, or any other person present during the closed session of the council shall disclose to any person the content or substance of any discussion which took place during the closed session, or disseminate documents or data provided during the closed session, unless the city council shall authorize the disclosure of such information by majority vote.

(Ord. O-2020-001, § 2 (part), 2020)

All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the council at a regular or special meeting shall be delivered to the city clerk for review and conformance. The city clerk shall prepare the agenda of all such matters under the direction of the city manager or designee. The agenda and its posting shall conform to the requirements of Government Code Section 54950 et seq.

(Ord. O-2020-001, § 2 (part), 2020)

A. Correspondence to and from the city council and/or members of the council shall be handled in accordance with an adopted administrative council correspondence policy.

B. Correspondence or any other documentation received by at least a majority of the members of the council relating to a matter subject to consideration at an open meeting of the council shall be made a public record in accordance with Section 54957.5 of the Government Code.

(Ord. O-2020-001, § 2 (part), 2020)

A. Meeting minutes shall be prepared for every meeting of the city council. Minutes shall be prepared in action minute form and shall serve as a legislative record of the proceedings. Summary or transcript minutes shall not be prepared except in exceptional circumstances, subject to the determination of the city clerk, or order of a majority of the council.

B. The city clerk shall have exclusive responsibility for the preparation of the minutes, and any direction for change in the minutes shall be made only by majority action of the city council.

(Ord. O-2020-001, § 2 (part), 2020)

Unless the reading of the minutes of a council meeting is ordered by a majority vote of the council, such minutes may be approved without reading if the city clerk has previously furnished each member of the council with a copy.

(Ord. O-2020-001, § 2 (part), 2020)

For the purposes of this chapter, the terms "member of the council" and "members of the council" shall be deemed to include the mayor, unless otherwise indicated.

(Ord. O-2020-001, § 2 (part), 2020)

The mayor shall be the presiding officer at all meetings of the city council. In the absence of the mayor, the mayor pro tempore shall preside. In the absence of both the mayor and the mayor pro tempore, the city clerk shall call the council to order, whereupon a temporary presiding officer shall be elected by the members of the council to serve until the arrival of the mayor or mayor pro tempore, or until adjournment.

(Ord. O-2020-001, § 2 (part), 2020)

A. Participation. The presiding officer may move, second, debate, and vote from the chair. The vote or other position of the presiding officer on any matter shall have equal force and effect to that of any other member of the council.

B. Seating arrangement for city council. The mayor shall, following each election of members and at such other times as the mayor may deem it necessary, establish a seating arrangement of the members of the city council. The mayor pro tempore shall always be seated immediately to the mayor's right.

C. Question to be stated. The presiding officer shall verbally restate each question (motion) immediately prior to the calling for the vote. Following the vote, the city clerk shall announce whether the question carried or was defeated, and the particulars of the vote. The presiding officer may publicly explain the effect of a vote for the audience, or may direct a member of the city staff to do so, before proceeding to the next item of business.

D. Signing of documents. The mayor shall sign all ordinances, resolutions, and other documents necessitating mayoral signature which were adopted at a council meeting, unless the mayor is unavailable for a period of time that would cause undue administrative delay, in which case the signature of an alternate presiding officer may be used.

(Ord. O-2020-001, § 2 (part), 2020)

Where not provided in this chapter, other rules adopted by the city council, or applicable provisions of state law, the procedures of the council shall be governed by the latest revised edition of Rosenberg's Rules of Order.

(Ord. O-2020-001, § 2 (part), 2020)

Rules adopted to expedite the transaction of the business of the council in an orderly fashion are deemed to be procedural only, and the failure to strictly observe such rules shall not affect the jurisdiction of the council or invalidate any action taken at a meeting that is otherwise held in conformity with law.

(Ord. O-2020-001, § 2 (part), 2020)

A. Manner of addressing the council. Each person desiring to address the council shall approach to the microphone designated for public testimony, state their name, address, and affiliation for the record if willing, state the subject they wish to discuss, and unless further time is granted by the presiding officer or a majority vote of the council, limit their remarks to three minutes. All remarks shall be addressed to the council as a whole and not to any member thereof. Questions posed to staff by members of the public shall only be answered only at the discretion of the presiding officer.

B. Spokesperson for group. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the council on the same subject matter, the presiding officer may request that a spokesperson be chosen by the group to address the council and, in case additional matters are to be presented by any other member of the group, to limit the number of such persons addressing the council.

C. After motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the council from the audience on the matter under consideration without first securing permission to do so from the presiding officer.

(Ord. O-2020-001, § 2 (part), 2020)

A. Members of council. While the council is in session, the members must preserve order and decorum, and a member shall not unduly delay or interrupt the proceedings of the council nor disturb any member while speaking or refuse to obey the orders of the presiding officer.

B. Employees. Members of staff shall observe the same rules of order and decorum as are applicable to the city council, to the greatest extent practicable.

C. Sergeant-at-arms. The chief of police, or such member or members of the police department as the chief may designate, shall be sergeant-at-arms of the city council and shall carry out all orders given by the presiding officer for the purpose of maintaining order and decorum at council meetings.

D. Persons addressing the council; members of the audience. Any person causing undue disruption while addressing the council or seated in the audience shall be called to order by the presiding officer, and if such conduct continues, may at the discretion of the presiding officer or sergeant-at-arms be removed from that meeting. Such person who refuses to be removed from a meeting shall be guilty of a misdemeanor and placed under arrest.

(Ord. O-2020-001, § 2 (part), 2020)

A. Every member of the council present at a meeting when a question is put shall vote unless the member recuses themselves from participation therein because of a conflict of interest or the appearance of a conflict of interest, or unless the member is otherwise prohibited by law from participation.

B. In accordance with the provisions of the Political Reform Act, any member of the council recusing themselves on grounds of conflict of interest, or appearance thereof, must so declare at the time the agenda item is called, identifying the nature of the conflict in accordance with Fair Political Practices Commission regulation, and then shall remove themselves from the dais prior to commencement of consideration of the item. Aside from the provisions of Government Code Section 87105(a)(4) and Fair Political Practices Commission Regulation 18707(a)(3)(c), the member shall return only once deliberation and vote, if any, on the specific question is completed. Exception: if the matter presenting the conflict is part of the consent calendar, the member may remain seated at the dais, and vote upon the adoption of the consent calendar, provided that the existence and nature of the conflict has been properly declared. Any such members shall be recorded in the minutes of the meeting as having been recused for the item presenting a conflict.

(Ord. O-2020-001, § 2 (part), 2020)

Tie votes shall be lost motions constituting no action, and may be reconsidered in accordance with the latest revised edition of Rosenberg's Rules of Order.

(Ord. O-2020-001, § 2 (part), 2020)

A motion to reconsider any action taken by the council may be made in accordance with the latest revised edition of Rosenberg's Rules of Order.

(Ord. O-2020-001, § 2 (part), 2020)

A. All ordinances shall be initiated by or with the concurrence of the city manager or designee, or by majority vote of the city council. The city attorney may also, with majority council concurrence, initiate an ordinance for council consideration.

B. Ordinances shall be prepared by or in cooperation with the city attorney, who shall review and approve each ordinance as to form and legality prior to consideration by the council.

C. Ordinances shall, prior to consideration by the council, be reviewed by the city clerk and conformed at a minimum for formatting, technical accuracy, and placement within the city's municipal code framework.

D. Ordinances shall, prior to consideration by the council, be reviewed and approved by the city manager or designee as to their administrative impact.

E. At the time of introduction or adoption of any ordinance, the ordinance shall be read in title only, unless there is consensus among the city council to have the ordinance read in full, in which case the reading shall be conducted by either the city clerk or city attorney prior to action being taken.

(Ord. O-2020-001, § 2 (part), 2020)

A. Resolutions pertaining to appeal proceedings, claims or litigation, the creation of new policies, the approval of contracts in non-standard formats, and other matters which may involve potential liability or other legal exposure for the city, shall, before consideration by the council, be individually approved as to form and legality by the city attorney.

B. Resolutions pertaining to the creation or amendment of the city budget, the transfer, appropriation, expenditure, acceptance, or other treatment of funds, or procurement or disbursement of assets shall, before consideration by the council, be individually approved and conformed as necessary by the city treasurer.

C. Resolutions shall, prior to consideration by the council, be reviewed and approved by the city manager or designee as to their administrative impact.

D. At the time of adoption of any resolution, the resolution shall be read in title only, unless there is consensus among the city council to have the resolution read in full, in which case the reading shall be conducted by either the city clerk or city attorney prior to action being taken.

(Ord. O-2020-001, § 2 (part), 2020)

A. Contracts shall be presented for city council approval as provided in Chapter 3.08 Purchasing, in the city's adopted purchasing policy, or other applicable regulation.

B. Whether or not requiring council approval, all contract documents, including contract amendments, with the cumulative value of twenty-five thousand dollars ($25,000) or more across all contract years shall be individually approved as to form and legality by the city attorney prior to execution of the contract, and if council approval is required, prior to consideration by the council.

C. All contracts requiring council approval shall, prior to consideration by the council, be reviewed and approved by the city manager or designee as to their administrative impact.

(Ord. O-2020-001, § 2 (part), 2020)

A. Mayoral Succession. In the event the Mayor of the city is unable, for any period of time, to perform the duties of office due to absence, incapacity, or death:

1. The following officers of the city shall succeed the Mayor, respectively, in responsibility for performance of the Mayor's duties, until such time that either 1) the Mayor returns to duty or 2) a Mayor is elected or appointed in accordance with the laws of the state of California, whichever occurs first.

a. First successor: Mayor Pro Tempore

b. Second successor: City Council Member (longest-serving)

c. Third successor: City Council Member (second-longest serving)

d. Fourth successor: City Council Member (third-longest serving)

e. Fifth successor: Planning Commission Chair

f. Sixth successor: Planning Commission Vice-Chair

g. Seventh successor: Another official appointed in accordance with the provisions of Section 8644 of the California Government Code.

2. This interim officer shall be designated the "Acting Mayor," with the exception of the Mayor Pro Tempore, who shall retain that title.

B. City Council Member Succession. In the event a quorum or other necessary majority of the Members of the City Council, inclusive of the Mayor and Mayor Pro Tempore, are unable, for any period of time, to perform the duties of office due to absence, incapacity, or death:

1. The following officers of the city shall succeed the Council Member(s), respectively, in responsibility for performance of the duties of the Council Member(s), until such time that either 1) a quorum or other necessary majority of the City Council returns to duty or 2) a sufficient number of Council Member(s) are elected or appointed in accordance with the laws of the state of California, whichever occurs first.

a. First successor: Planning Commission Chair

b. Second successor: Planning Commission Vice-Chair

c. Third successor: Planning Commissioner (longest-serving)

d. Fourth successor: Planning Commissioner (second longest-serving)

e. Fifth successor: Planning Commissioner (third longest-serving)

f. Sixth successor: Another official appointed in accordance with the provisions of Section 8644 of the California Government Code.

2. This interim officer shall be designated the "Acting Council Member."

3. Only the minimum number of interim officers necessary to restore a quorum or other necessary majority of the City Council shall be appointed.

C. In the event two or more serving City Council Members or Planning Commissioners are of equal tenure, succession for the purposes of subsection A. and subsection B. above, respectively, shall be determined either by mutual agreement among the equally tenured members, or if no mutual agreement can be reached, by a coin toss or other randomized method to be determined and performed by the City Clerk or designee.

D. The acting officials designated in accordance with this section shall exercise all powers and carry out all duties of the office held on an acting basis, except as may otherwise be prescribed by the laws of the city or the state of California.

E. Any official performing the duties of Mayor or City Council Member on an acting basis shall not be eligible to receive the salary and benefits available to those formally elected or appointed to the position.

F. Nothing in this section shall be construed as attempting to supersede, abridge, or expand the powers and duties of acting public officials in any manner that conflicts with city, state, or federal law.

(Ord. O-2025-002 § 3, 2025)