Article IV — CITY COUNCIL

SECTION 400. - Elective Officers.

A.

Officers. The elective officers of the city shall constitute a council consisting of a mayor directly elected by the voters city-wide to serve a two year term, until his/her respective successor qualifies, and a city council of four additional members elected by district at the times and in the manner provided in this charter, each of whom shall serve for a term of four years and until their respective successors qualify.

B.

Council Districts. The city is hereby divided into four (4) council districts, to be determined by the city council in any manner provided by law. Candidates for council seats other than the mayor shall be nominated and elected by such district and shall be residents of such district.

C.

Changes in Boundaries of Council Districts. The boundaries of said council districts, but not the number thereof, may be changed by ordinance adopted by the council by a three-fifths (⅗) vote of all its members; provided, that districts established by the council shall be as nearly equal in population and as geographically compact as practical. Boundaries shall be evaluated within at least one (1) year subsequent to the availability of the information from each decennial United States census or on another basis adopted by three-fifths (⅗) vote of the total membership of the council; however, the council shall not change the boundaries of districts more than once in any two-year period and no such change shall be made within the period of one hundred eighty (180) days preceding a general municipal election. The preceding limitations shall not apply to changes made necessary by changes to the city boundaries. After the council has once exercised its power to change the boundaries of districts, these changes shall immediately be reflected in the district boundaries specified by ordinance adopted by the council.

D.

Residency in Districts. The elected mayor may reside within any council district of the city. Each member of the council, excluding the mayor, must also be a resident of the council district from which the member is nominated at the times the member is nominated and elected. In the event any member of the council shall cease to be a resident of the district from which the member (or, in the case of an appointee, a predecessor) was nominated, the office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies. If a member of the council ceases to be a resident of the district from which the member (or, in the case of an appointee, a predecessor) was nominated solely because of a change in the boundaries of any district as in this Charter provided, the member shall not lose office during that term by reason of such change.

E.

Current Office Holders. The five members of the city council in office at the time this section takes effect shall continue in office until their terms expire.

F.

Council Elections Sequenced. The Mayor shall serve a two year term and the position of Mayor shall be elected commencing in the year 2016, and every two years thereafter. The members of the council of the first and third council districts shall be elected commencing in the year 2016 to the council seats then open, and in each fourth year thereafter. The members of the council of the second and fourth council districts shall be elected commencing in the year 2018 to the council seats then open, and in each fourth year thereafter.

G.

Commencement of Terms of Office. The term of each member of the city council shall commence on the first Tuesday following his/her election. Ties in voting among candidates for office shall be settled by the casting of lots.

(Ord. No. 3011, § 1, 7-8-14; Ord. No. 3112, § 2, 2-25-20)

SECTION 401. - Eligibility.

No person shall be eligible to hold an elective office unless he/she is, and shall have been for at least three years immediately preceding his/her election or appointment, a qualified elector of the city, or of territory annexed thereto. [1]

(Memo of 6-22-15; Ord. No. 3112, § 2, 2-25-20)

Note— Residency provision is not enforced prior to election or appointment as it conflicts with the state constitution. Provision is applicable beginning at the time of nomination for election or candidacy for appointment.

SECTION 402. - Compensation.

The members of the city council shall receive no compensation for their services as such, but shall receive reimbursement on order of the city council for council authorized traveling and other expenses when on official duty. In addition, members shall receive such fixed and equal amount as may be established by ordinance, which amount shall be deemed to be reimbursement of other out-of-pocket expenditures and costs imposed upon them in serving as city council members.

(Ord. No. 3112, § 2, 2-25-20)

SECTION 403. - Vacancies.

A vacancy in the city council, from whatever cause arising, shall be filled by appointment by the city council, such appointee to hold office until the first Tuesday following the next general municipal election and until his/her successor qualifies. At the next general municipal election following any vacancy, a successor shall be elected to serve for the remainder of any unexpired term. As used in this paragraph, the next general municipal election shall mean the next such election at which it is possible to place the matter on the ballot and elect a successor.

If a member of the city council absents himself/herself from all regular meetings of the city council for a period of sixty days consecutively from and after the last regular city council meeting attended by such member, unless by permission of the city council expressed in its official minutes, or is convicted of a crime involving moral turpitude, his/her office shall become vacant. The city council shall declare the existence of any such vacancy.

In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the city council shall cause an election to be held forthwith to fill such vacancy for the remainder of the unexpired term.

(Ord. No. 3112, § 2, 2-25-20)

SECTION 404. - The Mayor; Mayor Pro Tempore.

A.

Mayor. One of the three council seats open at the first municipal election following the date on which this section takes effect shall be designated as the office of mayor, to be filled at the election. The person elected at the election as mayor shall hold office from the Tuesday succeeding his/her election, and until his/her successor is elected and qualifies. Candidates for mayor may reside in any council district of the city, and all qualified voters of the city shall be able to vote for the office of mayor. The elected mayor is a member of the city council and has all the powers and duties of a member of the city council.

The mayor may make and second motions and shall have a voice and vote in all its proceedings. He/she shall be the official head of the city for all ceremonial purposes. He/she shall have the primary but not exclusive responsibility for interpreting the policies, programs and needs of the city government to the people, and, as occasion requires, he/she may inform the people of any major change in policy or program. He/she shall perform such other duties consistent with the office as may be prescribed by this charter or as may be imposed by the city council.

B.

Mayor Pro Tem. On the first Tuesday following any general or special municipal election at which any council member is elected, the city council shall meet and shall elect one of its members as mayor pro tempore, who shall serve in such capacity at the pleasure of the city council. The mayor pro tempore shall perform the duties of the mayor during his/her absence or disability.

(Ord. No. 3011, § 2, 7-8-14; Ord. No. 3112, § 2, 2-25-20)

SECTION 405. - Powers Vested in the City Council.

All powers of the city shall be vested in the city council except as otherwise provided in this charter.

SECTION 406. - Interference in Administrative Service.

Except as otherwise provided in this charter, neither the city council nor any of its members shall interfere with the execution by the city manager of his/her powers and duties, or order, directly or indirectly, the appointment by the city manager or by any of the department heads in the administrative service of the city, of any person to an office or employment or his/her removal therefrom. Except for the purpose of inquiry, the city council and its members shall deal with the administrative service under the city manager solely through the city manager and neither the city council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately.

(Ord. No. 3112, § 2, 2-25-20)

SECTION 407. - Regular Meetings.

The city council shall hold regular meetings at least twice each month at such times as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day.

SECTION 408. - Special Meetings.

Special meetings may be called at any time by the mayor, or by three members of the city council, by written notice delivered personally to each member at least twenty-four hours before the time specified for the proposed meeting. A special meeting may also be validly held without the giving of such written notice, if required to be held by this charter or if all members shall give their consent, in writing, to the holding of such meeting and such consent is on file in the office of the city clerk at the time of such meeting. A telegraphic communication from a member consenting to the holding of a meeting shall be considered a consent in writing. At any special meeting only such matters may be acted upon as are referred to in such written notice or consent.

SECTION 409. - Place of Meetings.

All meetings shall be held in the council chambers of the city hall, or in such place to which any such meeting may be adjourned, and shall be open to the public. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place as is designated by the mayor, or, if he/she should fail to act, by three members of the city council.

(Ord. No. 3112, § 2, 2-25-20)

SECTION 410. - Quorum; Proceedings.

A majority of the members of the city council shall constitute a quorum to do business but a less number may adjourn from time to time. In the absence of all the members of the city council from any regular meeting or adjourned regular meeting, the city clerk may declare the same adjourned to a stated day and hour. Notice of a meeting adjourned by less

than a quorum or by the clerk shall be given by the clerk or may be waived by consent in the same manner as specified in this charter for the giving or waiving of notice of special meetings of the city council, but need not specify the matters to be acted upon. The city council shall judge the qualifications of its members as set forth by the charter. It shall judge all election returns. It may establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings.

Each member of the city council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the city council. 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. Subpoenas shall be issued in the name of the city and be attested by the city clerk, disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this charter are punishable.

At the demand of any member, and upon the adoption of any ordinance, resolution, or order for the payment of money, the city clerk shall call the roll and shall cause the ayes and noes taken on such questions to be entered in the minutes of the meeting.

SECTION 411. - Citizen Participation.

No person shall be denied the right, personally or through counsel, to present grievances at any regular meeting of the council, or offer suggestions for the betterment of municipal affairs.

SECTION 412. - Adoption of Ordinances and Resolutions.

With the sole exception of ordinances which take effect upon adoption, referred to in this article, no ordinance shall be adopted by the city council on the day of its introduction, nor within five days thereafter nor at any time other than at a regular or adjourned regular meeting. At the time of its introduction an ordinance shall become a part of the proceedings of such meeting in the custody of the city clerk. At the time of adoption of an ordinance or resolution it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the council members present. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting held not less than five days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence.

No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting.

Unless a higher vote is required by other provisions of this charter, the affirmative votes of at least three members of the city council shall be required for the enactment of any ordinance or resolution, or for the making or approving of any order for the payment of money. All ordinances and resolutions shall be signed by the mayor and attested by the city clerk.

Any ordinance declared by the city council to be necessary as an emergency measure for preserving the public peace, health or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least four affirmative votes.

(Ord. No. 3112, § 2, 2-25-20)

SECTION 413. - Ordinances; Publication.

The city clerk shall cause each ordinance to be published at least once in the official newspaper within fifteen days after its adoption.

SECTION 414. - Codification of Ordinances.

Any or all ordinances of the city which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code, and such code may be adopted by reference, with the same effect as an ordinance, by the passage of an ordinance for such purpose. Such code need not be published in the manner required for other ordinances, but not less than three copies thereof shall be filed for use and examination by the public in the office of the city clerk prior to the adoption thereof. Ordinances codified shall be repealed as of the effective date of the code. Amendments to the code shall be enacted in the same manner as ordinances.

Detailed regulations pertaining to the construction of buildings, plumbing and wiring, when arranged as a comprehensive code, may likewise be adopted by reference in the manner provided in this section. Maps, charts and diagrams also may be adopted by reference in the same manner.

SECTION 415. - Ordinances; When Effective.

No ordinance shall become effective until thirty days from and after the date of its adoption, except the following, which shall take effect upon adoption:

(a)

An ordinance calling or otherwise relating to an election.

(b)

An improvement proceeding ordinance adopted under some laws or procedural ordinance.

(c)

An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation, or levying the annual tax upon property.

(d)

An emergency ordinance adopted in the manner provided for in this article.

SECTION 416. - Ordinances; Violation; Penalty.

A violation of any ordinance of the city shall constitute a misdemeanor and may be prosecuted in the name of the people of the State of California or may be redressed by civil action. The maximum fine or penalty for any violation of a city ordinance shall be the sum of five hundred dollars, or a term of imprisonment for a period not exceeding six months, or both such fine and imprisonment. The city council may provide by ordinance that persons imprisoned in the city jail for violation of law or ordinance may be compelled to labor on public works.

SECTION 417. - Publishing of Legal Notices.

In the event that there is more than one newspaper of general circulation published and circulated in the city, the city council, annually, prior to the beginning of each fiscal year, shall publish a notice inviting bids and contract for the publication of all legal notices or other matter required to be published in a newspaper of general circulation in said city, during the ensuing fiscal year. In the event there is only one newspaper of general circulation published and circulated in the city, then the city council shall have the power to contract with such newspaper for the printing and publishing of such legal notices or matter without being required to advertise for bids therefor. The newspaper with which any such contract is made shall be designated the official newspaper for the publication of such notices or other matter for the period of such contract.

In no case shall the contract prices for such publication exceed the customary rates charged by such newspaper for the publication of legal notices of a private character.

In the event there is no newspaper of general circulation published and circulated in the city, then all legal notices or other matter may be published by posting copies thereof in at least three public places in the city.

No defect or irregularity in proceedings taken under this section, or failure to designate an official newspaper, shall invalidate any publication where the same is otherwise in conformity with this charter or law or ordinance.

SECTION 418. - Contracts; Restrictions.

The city council shall not have the power to make or authorize any contract or lease or extension thereof for a longer period than twenty-five years unless said contract, lease or extension be approved by a majority of those qualified electors of the city voting on such question at any election. A contract, lease or extension for a longer period shall be valid without such approval if it provides for the acquisition by the city at the end of such period of the real or personal property so leased or contracted for. This section shall not apply to any franchise granted pursuant to the provisions of this charter or to any contract for the furnishing or acquisition of the products, commodity or services of any public utility.

SECTION 419. - Contracts; Execution.

The city shall not be bound by any contract, except as hereinafter provided, unless the same shall be made in writing, approved by the city council and signed on behalf of the city by the mayor and city clerk or by such other officer or officers as shall be designated by the city council. Any of said officers shall sign a contract on behalf of the city when directed to do so by the city council.

By ordinance or resolution the city council may authorize the city manager to bind the city, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the city council, and may impose a monetary limit upon such authority.

The city council may by ordinance or resolution provide a method for the sale or exchange of personal property not needed in the city service or not fit for the purpose for which intended, and for the conveyance of title thereto.

Contracts for the sale of the products, commodities or services of any public utility owned, controlled or operated by the city may be made by the manager of such utility or by the head of the department or city manager upon forms approved by the city manager and at rates fixed by the city council.

The provisions of this section shall not apply to services rendered by any person in the employ of the city at a regular salary.