City of American Canyon Law Library
City of American Canyon Municipal Code.

Title 2 ADMINISTRATION AND PERSONNEL

Chapter 2.02 MAYOR

2.02.010 The mayor.

The mayor shall be elected from the city at large on the consolidated city general municipal election, held on even-numbered years, consistent with Section 2.56.020 of Chapter 2.56 of the city municipal code. The mayor shall receive compensation as provided in Section 2.04.060 of Chapter 2.04 of the city municipal code for council-members plus any additional compensation as provided by council ordinance or by a majority vote of the electors voting on the proposition at a municipal election pursuant to Government Code Section 36516.1.

2.02.020 Qualifications.

(A) To be qualified for the office of mayor, a person must be a citizen of the United States, a registered voter of the city at the time nomination papers are issued to the candidate as provided in Elections Code Section 10227.

(B) An existing councilmember may be a candidate for the office of mayor; provided, that if the councilmember holds a term of office which expires in an even-numbered year concurrent with the election of the mayor then that councilmember may not also seek re-election as a councilmember.

(C) If a councilmember holds a term of office which expires in an even-numbered year after any even-numbered year in which the office of mayor is to be filled by election, is elected mayor, then the resulting councilmember vacancy may be filled by the council appointing the individual running for councilmember offices subject to election receiving the most votes but not elected or by calling for a special election.

2.02.030 Term of office, the mayor.

The mayor shall be elected to a term of four years. The candidate receiving the highest number of votes cast for all candidates for the office at the election shall be declared elected. The mayor shall continue in office until no later than the fourth Tuesday after the date of the general municipal election, and until his or her successor is elected and qualified.

2.02.040 Vacancy—Filling of.

In the case of a vacancy in the office of the mayor for any reason, the council shall fill the vacancy by appointment of the vice mayor, unless declined by the vice mayor then the council shall fill the vacancy by appointment of a councilmember. If the council fails to fill the vacancy within thirty days, it shall call an election to fill the vacancy to be held on the next established election date to be held not less than one hundred fourteen days thereafter. A person appointed or elected to fill a vacancy shall hold office for the unexpired term of the former incumbent.

2.02.050 Vacancy—What constitutes.

The office of mayor shall be declared vacant by the council when the person elected appointed thereto fails to meet the qualifications for office of the mayor within ten days after his or her term is to begin, dies, resigns, ceases to be a resident of the city or absents him or herself continuously from the city for a period of more than thirty days without permission from the council, is convicted of a felony, is judicially determined to be an incompetent, is permanently so disabled as to be unable to perform the duties of his or her office, forfeits his or her office under any provision of the city municipal code, or is removed from office by judicial procedure.

2.02.060 Functions, powers and duties.

The mayor shall be the chief elective officer of the city, responsible for providing leadership and taking issues to the people and marshalling public interest in and support for municipal activity. The mayor shall have those powers, duties, and responsibilities as set forth in Government Code Sections 40602, 40603 and 40604, municipal code Section 2.04.030 and as designated by the council from time to time by motion or resolution.

Chapter 2.04 CITY COUNCIL

2.04.010 Date of regular meetings and study sessions.

The regular meetings and regular study sessions of the council commencing in January, 1992, shall be held as determined by enactment of the council.

2.04.020 Place of meetings and study sessions.

The regular meetings and study sessions of the council shall be held at City Hall, located at 4381 Broadway Street, American Canyon. Special meetings of the council shall be held at the place designated in this section for regular meetings or such other place as provided for in the notice and call of the meeting.

2.04.030 Duties of mayor, vice mayor and mayor pro tempore.

The mayor shall preside at city council meetings, sign ordinances and resolutions adopted by the city council, and perform other functions of a mayor of general law city as required by state law and city ordinances and resolutions. If the mayor is for any reason absent from an official function, or is unable to perform his or her official duties, the vice mayor or mayor pro tempore may perform the official duties of the mayor until the mayor returns or is able to act.

2.04.040 Improper conduct at meeting.

Any member or other person using profane, vulgar, loud or boisterous language at any meeting or otherwise interrupting the proceedings, who refuses to be seated or keep quiet when ordered to do so by the mayor or other presiding officer of the council, is guilty of a misdemeanor.

2.04.050 Adoption of procedures.

The 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.

2.04.060 Compensation and reimbursement.

(A) Compensation shall be paid to each member of the council in the amount authorized by Section 36516 of the Government Code and established by ordinance in addition to any other compensation permitted by applicable law.

(1) Consistent with Government Code Section 36516(a)(2)(A), the city council establishes the compensation to be paid to each member as nine hundred fifty dollars per month.

(2) Consistent with Government Code Section 36516(c), the compensation to be paid to members shall be increased by five percent, which is an increase of fifteen dollars to the three hundred dollars.

(3) The ordinance codified in this chapter shall become effective on January 1, 2024.

(4) Notwithstanding the effective date of the ordinance codified in this chapter, consistent with Government Code Section 36516.5, the salaries of the members of the city council shall not be increased to nine hundred fifty dollars per month until November 6, 2024.

(B) The compensation prescribed in this section is and shall be exclusive of 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 city; and, accordingly, each member of the council shall receive reimbursement for such actual and necessary expenses incurred in the performance of official duties of the city, pursuant to the provisions of Section 36514.5 of the Government Code, as amended from time to time. Such reimbursement shall be as established by a policy resolution adopted by the council.

2.04.070 Commission appointments.

Unless otherwise specifically provided in this code or by state law, all city board and commission appointments, except ex officio members where applicable, shall be made by the council.

2.04.080 Appeals to council.

(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 him or her pursuant to any of the provisions of this code or other city ordinance, or to any administrative decision made by any official of the city, if the denial, suspension, or revocation of such permit or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this code or other city ordinance, may appeal in writing to the council by filing with the city clerk a written notice of such appeal.

(B) No appeal may be taken to any such administrative decision made by an official of the city 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 city 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 city pursuant to any of the provisions of this code or other city ordinance 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 or other city ordinance, 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.

2.04.090 Notice of appeal—Time limit—Contents.

(A) Any notice of appeal to the council must be filed within fifteen days of the date of service of notice of the decision or action pursuant to Section 1.01.300 of this code, or within fifteen days of the decision or action if no notice of the decision or action is required to be given.

(B) The notice of appeal shall set forth: (1) the specific action appealed from; (2) the specific grounds of the appeal; and (3) the relief or action sought from the council. In the event any notice of appeal fails to set forth any information required by this section, the city 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 city 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 city, as the case may be, shall be accompanied by a fee of fifty dollars or such other fee as may be required by other enactment of the council.

2.04.100 Appeals—Hearings—Notices.

Upon the timely filing of a notice of appeal in proper form, the city clerk shall schedule the matter promptly upon the 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 notice is waived in writing by the appellant. The city 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.

2.04.110 Appeals—Hearings.

(A) The 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 city not less than five days prior to the date of such hearing, and by such other means as the council deems necessary.

(B) At the time of consideration of the appeal by the council the appellant shall be limited to a presentation on the specific grounds of the appeal and matters set forth in his notice of appeal and shall have the burden of establishing cause why the action appealed from should be altered, reversed or modified. The 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 which 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 council shall be final and conclusive in the matter.

2.04.120 Term limits.

(A) No person shall be eligible to serve as mayor for more than three four-year terms following the adoption of the ordinance codified herein. The current incumbent is given credit for having served one term. Notwithstanding the foregoing, any person who is appointed or elected to fill a vacant office as mayor for the balance of a four-year term, but serves less than two years in that office, shall be eligible for nomination, and election for three four-year terms thereafter.

(B) No person shall be eligible to serve as councilmember for more than three four-year terms following the adoption of the ordinance codified herein. Current incumbents are given credit for having served one term. Notwithstanding the foregoing, any person who is appointed or elected to fill a vacant office as councilmember for the balance of a four-year term, but serves less than two years in that office, shall be eligible for nomination, and election for three four-year terms thereafter.

(C) The three four-year terms in office as mayor are not required to be consecutive and may be an aggregate of three four-year terms. Any person who resigns or is removed from office during a term shall be deemed to have served a full term.

(D) The three four-year terms in office as councilmember are not required to be consecutive and may be an aggregate of three four-year terms. Any person who resigns or is removed from office during a term shall be deemed to have served a full term.

(E) The phrase "two years" as used in subsections A and B of this section shall mean the period between the date of the declaration of the results of any primary election held in June of an even-numbered year and the date of the declaration of the results of any primary election held in June of any immediately preceding or immediately succeeding even-number year, even though such period may be more or less that an actual period of two years.

Chapter 2.08 CITY MANAGER

2.08.010 Office created—Term.

The office of the city manager is created and established. The city manager shall be appointed by the council wholly on the basis of administrative and executive ability and qualifications. The city manager shall hold office for and during the pleasure of the council.

2.08.020 Eligibility.

No member of the council shall be eligible for appointment as city manager until one year has elapsed after such council member has ceased to be a member of the council.

2.08.030 Compensation.

The city manager shall receive such compensation and expense allowances as the council shall from time to time determine, and such compensation shall be a proper charge against such funds of the city as the council shall designate.

2.08.040 Expense reimbursement.

The city manager shall be reimbursed for all actual and necessary expenses incurred by him or her in the performance of his official duties.

2.08.050 Designation of acting city manager.

The city manager, by a letter filed with the city clerk, shall designate a qualified city administrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability. The council may appoint an acting or interim city manager.

2.08.060 Powers and duties.

The city manager shall be the administrative head of the government of the city under the direction and control of the council except as otherwise provided in this chapter. The city manager shall be responsible for the efficient administration of all affairs of the city which are under his control. In addition to his or her general powers as administrative head, and not as a limitation thereon, he or she shall be expected to, and shall have the power to:

(A) Enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the council are faithfully observed;

(B) Except as provided for in subsection C, appoint, remove, promote, and demote any and all officers and employees of the city, except elective officers and the city attorney, but including the offices of city clerk and city treasurer, subject to all applicable personnel rules and regulations which may be adopted by the council;

(C) Appoint, with the consent of the council, the community development director;

(D) Control, order and give directions to all department heads who are subject to his or her appointment and removal authority, and to subordinate officers and employees of the city under his or her jurisdiction through their department heads;

(E) Conduct studies and effect such organization and reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business;

(F) Recommend to the council for adoption such measures and ordinances as he or she deems necessary;

(G) Attend all meetings of the council unless excused therefrom by the mayor individually or the council as a whole, except when his or her removal is under consideration;

(H) Prepare and submit the proposed annual budget and the proposed annual salary plan to the council for its approval;

(I) Direct and supervise all the purchasing activities of the city;

(J) Keep the council at all times fully advised as to the financial condition and needs of the city;

(K) Make investigations into the affairs of the city and any department or division thereof and any contract or the proper performance of any of the obligations of the city; and further, to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city;

(L) Exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the council;

(M) Have the same authority as the mayor (as conveniences to the parties may dictate) to sign documents specified in Section 40602 of the Government Code of the state whenever such documents have been approved by the council for execution by resolution, motion, minute order or other appropriate action; and

(N) Perform such other responsibilities and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the council.

2.08.070 Relations with council.

(A) The council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the council not any member thereof shall give orders to any subordinates of the city manager. For purposes hereof, "inquiry" means any and all communications short of giving orders, directions or instructions to any member of the administrative staff. Such members shall give all information reasonably requested by any councilmember.

(B) The city manager shall take his or her orders and instructions from the council only when sitting in a duly convened meeting of the council and no individual councilman shall give any orders or instructions to the city manager. The council shall instruct the city manager in matters of policy. Any action, determination or omission of the city manager shall be subject to review by the council. The council may not overrule, change or modify any such action, determination or omission except by the affirmative vote of at least three members of the council.

2.08.080 Departmental cooperation.

It shall be the duty of all subordinate officers and the city attorney, city clerk and city treasurer to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously.

2.08.090 Attendance at commission meetings.

The city manager may attend any and all meetings of the planning commission, and any other commission, board or committee created by the council, upon his own volition or upon direction of the council. At such meetings which the city manager attends, he or she shall be heard by such commissions, boards or committees as to all matters upon which he or she wishes to address the members thereof. He or she shall inform such members as to the status of any matter being considered by the council, and he shall cooperate to the fullest extent with members of all commissions, boards or committees appointed by the council.

2.08.100 Removal—Method—Notice.

The removal of the city manager shall be effected only by a majority vote of the whole council as then constituted, convened in a regular council meeting, subject, however, to the provisions of Sections 2.08.110 through 2.08.160. In case of his or her intended removal by the city council, the city manager shall be furnished with a written notice stating the council's intention to remove him or her and the reason therefor at least thirty days before the effective date of his or her removal.

2.08.110 Removal—Hearing.

Within seven days after the delivery to the city manager such notice required in Section 2.08.100, he or she may, by written notification to the city clerk, request a hearing before the council. Thereafter, the council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty-day period, at which the city manager shall appear and be heard, with or without counsel.

2.08.120 Removal—Suspension pending hearing.

After furnishing the city manager with written notice of intended removal, the council may suspend him or her from duty, but his or her compensation shall continue until his or her removal by resolution of the council passed subsequent to the hearing described in Section 2.08.110.

2.08.130 Removal—Council discretion.

In removing the city manager, except as provided in Section 2.08.150, the council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the city manager to present to the council his or her grounds of opposition to his or her removal prior to its action.

2.08.140 Removal—Limitation.

Notwithstanding the provisions of Sections 2.08.100 through 2.08.130, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety days next succeeding any general municipal election held in the city at which election a member of the council is elected. The purpose of this provision is to allow any newly-elected member of the council or a reorganized council to observe the actions and ability of the city manager in the performance of the powers and duties of his or her office. After the expiration of such ninety-day period aforementioned, the provisions of Sections 2.08.100 through 2.08.130 as to the removal of the city manager shall apply and be effective.

2.08.150 Wilful misconduct—Determination.

In the event the intended removal of the city manager is for wilful misconduct in office, written notice to the city manager as provided in Section 2.08.100 shall state that the reason for removal is wilful misconduct in office and shall state specific facts which constitute such wilful misconduct. The procedure for hearing and for suspension pending hearing shall be followed as stated in Sections 2.08.100 through 2.08.140. A determination of wilful misconduct in office shall be evidenced by specific findings of facts constituting such wilful misconduct. The determination of what constitutes wilful misconduct shall be within the sole discretion of the council provided that it shall relate to the welfare of the city.

2.08.160 Wilful misconduct—Defined.

Wilful misconduct includes conduct directly related to conduct in office and directly related to the duties of the office. It includes the refusal to follow the lawful directions of the city council. It also includes conduct not directly related to the performance of official duties of the office when such conduct has a direct and harmful effect on the welfare of the city. Evidence of such direct and harmful effect shall include but shall not be limited to, conviction of a felony.

2.08.170 Agreements with council.

Nothing in this chapter shall be construed as a limitation on the power or authority of the council to enter into any supplemental agreement with the city manager delineating additional` terms and conditions of employment not inconsistent with any provisions of this chapter.

Chapter 2.12 CITY CLERK

2.12.010 Office created—Term.

The office of city clerk is created and established. The city clerk shall hold such office at the pleasure of the city manager. The city manager may assign to him or herself the official duties of city clerk and, if this is done, then the city manager shall hold the office of city clerk at his or her own pleasure. The fact of the city manager has assigned to him or herself the official duties of city clerk shall not affect the city manager's power to subsequently relinquish the duties of city clerk and appoint another to assume such duties.

2.12.020 Compensation.

If the city manager appoints a separate person to the office of city clerk, the city clerk shall receive such compensation and expense allowance as the city council shall from time to time determine, and such compensation shall be a proper charge against such funds of the city as the city council shall designate.

2.12.030 Functions.

(A) The city clerk shall have all of the powers, duties and responsibilities granted to and imposed upon the office of the city clerk by the provisions of Chapter 2 of Part 3 of Division 3 of Title 4 of the Government Code of the state, other general laws of the state, the provisions of this code, and the ordinances and resolutions of the council; provided, however, pursuant to the provisions of Section 40805.5 of the Government Code, the financial and accounting duties imposed upon the city clerk by Sections 40802 through 40805 of the Government Code shall be performed by the director of finance and general services.

(B) The principal functions of the city clerk shall be to:

(1) Attend all meetings of the council and be responsible for the recording and maintaining of a record of all the actions of the council;

(2) Keep all ordinances and resolutions of the council in such a manner that the information contained therein will be readily accessible and open to the public. The city clerk shall attach to the original

copy of each ordinance a certificate which shall state the date the ordinance was adopted and, as to ordinance requiring publication, that the ordinance has been published or posted in accordance with law;

(3) Keep all records of the council and of the office of the city clerk in such manner that the information contained therein will, be readily accessible and open to the public until such time as any of the records may be destroyed, or reproduced and the original destroyed, in accordance with state law;

(4) Serve as the official custodian of all city records;

(5) Be the custodian of the seal of the city;

(6) Prepare the council agendas, in conjunction with and under the direction of the city manager;

(7) Perform the duties prescribed by the elections code of the state in conducting municipal elections;

(8) Perform the duties imposed upon city clerks by the California Political Reform Act;

(9) Be responsible for the publication of all the official advertising of the city;

(10) Be responsible for the maintenance and distribution of the municipal code;

(11) Process all claims filed against the city and its officers, agents, or employees, pursuant to the provisions of Chapter 1 of Part 3 of Division 3 of Title 1 of the Government Code of the state and Chapter 3.08 of Title 3 of this code; and

(12) Perform such other duties consistent with this code as may be required of the city clerk, by the council.

2.12.040 Deputy city clerk.

The city clerk shall have the authority and is hereby authorized to appoint a deputy city clerk as may be necessary for the efficient discharge of the duties of the office.

Chapter 2.16 CITY TREASURER

2.16.010 Office created—Term.

The office of city treasurer is created and established. The city treasurer shall hold such office at the pleasure of the city manager.

2.16.020 Compensation.

The city treasurer shall receive such compensation and expense allowance as the city council shall from time to time determine, and such compensation shall be a proper charge against such funds of the city as the city council shall designate.

2.16.030 Functions.

The city treasurer shall perform such duties as are prescribed by Sections 41000 through 41007 of the Government Code of the state and by any other provisions of law applicable to deposit and investment and safekeeping of public funds of the city.

Chapter 2.20 CITY ATTORNEY

2.20.010 Office created.

(A) The office of the city attorney is established. It shall consist of the city attorney and such assistants as may be authorized by the council.

(B) The city attorney shall administer the office and be responsible for the successful performance of its functions. He or she shall serve under the direct supervision and control of the council as its legal advisor.

(C) The council may enter into a contract with a private law firm to perform the services of city attorney and, in that connection, may designate a city attorney and such assistant city attorneys as are deemed necessary, and references in this chapter to city attorney or the office of city attorney will include any applicable law firm and performance of the functions by any of its members or employed attorneys.

(D) The city attorney may retain or employ other attorneys, assistants or special counsel as may be needed to take charge of any litigation or legal matters or assist the city attorney therein; provided, however, that such employment or retainer shall be reported to the council at the regular meeting thereof next following the employment or retainer.

2.20.020 Compensation.

The city attorney shall receive such compensation and expense allowance as the city council shall from time to time determine or contract for, and such compensation shall be a proper charge against such funds of the city as the council shall designate.

2.20.030 Functions.

The functions of the office of the city attorney shall be to:

(A) Advise the council and all city officers in all matters of laws pertaining to their offices;

(B) Furnish legal service at all meetings of the council, except when excused or disabled, and give advice or opinions on the legality of all matters under consideration by the council or by any of the boards and commissions or officers of the city;

(C) Prepare and/or approve all ordinances, resolutions, agreements, contracts, and other legal instruments as shall be required for the proper conduct of the business of the city and approve the form of all contracts and agreements and bonds given to the city;

(D) Prosecute on behalf of the people cases for violation of city ordinances when not otherwise prosecuted by the district attorney of Napa County; and

(E) Perform such other legal duties as may be required by the council or as may be necessary to complete the performance of the foregoing functions.

Chapter 2.24 DIRECTOR OF FINANCE AND GENERAL SERVICES

2.24.010 Office created.

The office of the director of finance and general services is created and established. The director of finance and general services shall be the chief fiscal officer of the city.

2.24.020 Appointment.

The director of finance and general services shall be appointed by the city manager, and he shall serve at and during the pleasure of the city manager. The director of finance and general services shall be qualified by sufficient technical accounting training, skill and experience to be proficient in the office and shall show evidence of executive ability.

2.24.030 Duties.

The duties of the director of finance and general services shall be as follows:

(A) To serve as the chief fiscal officer of the city;

(B) To assist and advise the administration and the city council in all matters pertaining to city finances;

(C) To perform all financial and accounting duties imposed upon the city clerk by Sections 40802 through 40805 of the California Government Code;

(D) To develop and maintain, in accordance with the state laws and the city ordinances and the best accepted procedures, adequate financial records, reports and budgetary control of all receipts, disbursements and reserves of the city;

(E) To supervise the keeping of current inventories of all property of the city departments, offices and agencies;

(F) To prescribe and develop accounting forms, reports and procedure in conjunction with administrative needs and requests, and as required by law;

(G) To audit all demands in accordance with Sections 3.08.020 through 3.08.050 and 3.08.090;

(H) To prepare annually for budget purposes an estimate of revenues for the city manager, and assist the city manager in compiling the annual budget in accordance with the prescribed chart of accounts and accepted procedures;

(I) To assist the city council and the city manager in formulating a long-range financial plan and program;

(J) To perform such purchasing duties as delegated to the director of finance and general services by the city manager; and

(K) To perform such other duties related to administrative and general services for the municipal government and business operations as may be delegated to the director of finance and general services by the city manager.

2.24.040 Independent audit.

The council shall require annually an independent audit of the accounts and records of the treasurer and department of finance and general services. This auditor shall be selected by the council and shall be qualified as a certified public accountant.

Chapter 2.28 BOARDS AND COMMISSIONS GENERALLY

2.28.010 General rules regarding appointments, terms and vacancies.

(A) Unless otherwise provided by law, or by ordinance or resolution, or unless by the very nature of a situation the provisions of this chapter may not be made applicable, all members of boards and commissions of the city shall be appointed by the city council for four-year terms, commencing on January 1st following the year of appointment. Interim vacancies shall be filled by appointment for the unexpired term of the member replaced. This rule shall not, however, apply in regard to a newly established board or commission to which initial appointments are made on a staggered-term basis, provided that the longest such term shall not exceed four years, commencing on January 1st following the appointment.

(B) Any member of a board or commission of this city may be removed from office at any time, with or without cause, by a majority vote of the city council, except in cases where the mayor or city council are not the appointing authority (in which cases such regular appointing authority may exercise this power of removal).

(C) Commissioners and board members are expected to attend all meetings, regular and special. If a commissioner or board member cannot attend a regular or special meeting, he shall notify either the commission or board chair or the appropriate staff person assigned to support that commission or board. The full commission or board will make a determination to either excuse the absence or not excuse it.

(1) Whenever a commissioner or board member has more than three unexcused absences in a twelve-month period, then that commissioner or board member shall be removed from office. The commission or board chair shall be responsible for notifying the commissioner or board member. The chair shall also notify the city council regarding the removal and request the appointment of a replacement commissioner or board member. This rule of three unexcused absences shall apply to regular meetings only.

(2) In lieu of attending a regular or special meeting in person, a commissioner or board member may participate by telephonic means, subject to any state or federal laws or regulations.

(D) Unless otherwise provided by law, or by ordinance or resolution of the city council, all members of any board or commission shall be initially, and during their incumbencies, bona fide residents of the city. No such member shall, at or during his incumbency, be an employee of the city.

(E) Except in cases where the mayor or city council is not the appointing authority, the method of selecting any member of a board or commission shall be determined by the city council in open session. However, if an open recruitment is selected, the following procedures shall apply:

(1) A public notice announcing the opening shall be posted in the same areas as other public notices;

(2) A minimum of seven calendar days will be allowed for receiving applications;

(3) The public notice must include a date and certain time after which applications will no longer be accepted. This deadline will be strictly enforced;

(4) The city council may establish any other procedures for selecting among the eligible candidates.

2.28.020 Chairpersons, vice-chairpersons—Selection—Terms.

(A) Unless otherwise provided by law, or by ordinance or resolution, each board and commission of the city shall annually at a public meeting held prior to December 31st, choose one of its number as chairperson and one as vice-chairperson. Each chairperson and vice-chairperson shall have authority and perform such duties as are commonly associated with their respective titles, or as may be specially prescribed by law or by the bylaws or other rules of the board or commission.

(B) Vacancies in either such position occurring prior to January 1st may be filled as in the first instance. A new chairperson or vice-chairperson may also be chosen at any time by the majority vote of all members of the board or commission.

2.28.030 Meetings—Rules and records.

(A) Any board or commission established under this section shall adopt rules for the transaction of its business, and shall keep a public record of its resolutions, transactions, findings and determinations. Minutes of any board or commission shall be filed with the city clerk.

(B) A majority of commissioners or board members shall constitute a quorum.

2.28.040 Actions taken—Appeals.

(A) All actions taken by any commission shall be reported to the city clerk, and shall be placed on the next available agenda of the city council after receipt of the report by the city clerk. Actions taken by the commission shall not be considered final until the city council has heard and further considered the matter, or has determined that further consideration of the matter is not required. Exceptions shall be made for the planning commission, as may be set forth in state law, in which case the planning commission's actions are final, subject to appeal, pursuant to Section 2.32.025. When placed on the agenda of the city council, the city council may elect to consider the matter and may schedule the matter for a hearing or public hearing before the city council.

(B) Unless otherwise provided by law, or by ordinance or resolution, the city council shall consider any appeal of an action taken by any board or commission by an interested person or organization through the procedures set forth in Chapter 2.04 of this code. The decision of the city council, after considering or hearing the matter, shall be final.

Chapter 2.29 PARKS AND COMMUNITY SERVICES COMMISSION

2.29.010 Creation of parks and community services commission—Terms of commissioners.

There is created a parks and community services commission for the city. It shall consist of five members, appointed in the manner and for the terms prescribed in Sections 2.04.070 and 2.28.010, respectively. The city council shall set the initial term of office for each commissioner in such a manner as to stagger the terms.

2.29.020 Jurisdiction and functions of commission.

(A) The parks and community services commission for the city shall perform all functions as described in subsection B of this section, and shall serve in an advisory capacity to the community services department and the city council.

(B) The functions, powers and duties of the parks and community services commission shall include review of issues referred to the commission by the city council, the city manager, the community services department, or residents or organizations of the city; to provide advice, comment and make recommendations regarding such issues as requested; to organize or facilitate community benefit activities or functions; and other duties as assigned by the city council.

2.29.030 Compensation of parks and community services commissioners.

(A) The members of the parks and community services commission shall each receive a stipend payable out of the general fund of the city, provided adequate funds have been budgeted. Standing, or temporary committee, or subcommittee members shall not be compensated. The stipend for commissioners shall be established by resolution of the city council and exclusive of any amounts payable as reimbursement for actual or necessary expenses authorized by the city council and incurred in the performance of official duties for the city.

(B) The stipend shall be paid to each commissioner that attends each regular or special meeting of the commission.

2.29.040 Designation of chairperson and vice-chairperson, committees and staff.

(A) Designation of the chairperson and vice chairperson for the commission shall be governed by Section 2.28.020.

(B) The commission may from time to time create committees or subcommittees to study issues, to perform work on behalf of the commission, to provide a service to the residents or a segment of the residents of the city, or to improve the quality of the environment of the city and living conditions of the residents of the city.

(C) Standing committees of the commission shall be the activities committee and the natural resources committee. Standing or temporary committees or subcommittees shall have at least one commissioner assigned to the committees. The commission shall make appointments of committee

or subcommittee members with the approval of the city manager or designee.

(D) The city manager may appoint a department head and other staff and provide compensation for their services as may be authorized by the city council and by the annual city budget.

2.29.050 Time and place of meetings.

The commission shall hold at least one regular meeting each month at such time, date and place designated by the commission. The chairperson or a majority of the commission, after giving notice to the commissioners, and to any media and members of the public who have previously requested such notices in writing, so that the notice is received at least twenty-four hours before the meeting, may hold special meetings.

Chapter 2.30 OPEN SPACE, ACTIVE TRANSPORTATION, AND SUSTAINABILITY COMMISSION

2.30.010 Creation of the open space, active transportation, and sustainability commission/terms of commissioners.

There is created an open space, active transportation, and sustainability commission for the city of American Canyon. It shall consist of five members, appointed in the manner and for the terms prescribed in Sections 2.04.070 and 2.28.010, respectively, of this code.

2.30.020 Jurisdiction and functions of commission.

(A) The open space, active transportation, and sustainability commission for the city of American Canyon shall perform all functions as described below and shall serve in an advisory capacity to city staff and the city council.

(B) The functions, powers, and duties of the open space, active transportation, and sustainability commission shall include the review of issues referred to the commission by the city council, the city manager, and city staff, residents, or organizations of the city; to provide advice, comment and make recommendations regarding such issues as requested; to organize or facilitate community benefit activities or functions; and other duties as assigned by the city council.

(C) Areas of purview of the commission shall include, but not be limited to, review and provide input on plans and policy documents supporting open space, active transportation, and sustainability efforts, and recognize further open space, active transportation, and sustainability efforts needed.

(D) The city council may from time to time refer a matter to the commission for review, comment, recommendation, and action. All actions of the open space, active transportation, and sustainability commission are subject to appeal to the city council by any person or organization affected by such action through the procedures set forth in Chapter 2.04 of this code.

(E) All actions taken by the commission shall be reported by city staff to the city clerk and shall be placed on the next regular agenda of the city council after receipt of the report by the city clerk. Actions taken by the commission shall not be considered final until the city council has heard and further considered the matter or has determined that further consideration of the matter is not required. When placed on the agenda of the city council, the city council may elect to consider the matter and may schedule the matter for a public hearing before the city council. The city council shall consider any appeal of an action taken by the open space, active transportation, and sustainability commission by an interested person or organization through the procedures set forth in Chapter 2.04 of this code. The decision of the city council, after considering or hearing the matter shall be final.

2.30.030 Compensation of commissioners.

The members of the open space, active transportation, and sustainability commission shall each receive compensation payable out of the general fund of the city, provided adequate funds have been budgeted, therefor, in the amount of one hundred and five dollars per meeting. Standing or temporary committee or subcommittee members shall not be compensated. The compensation for commissioners prescribed herein shall be exclusive of any amount payable as reimbursement for actual or necessary expenses authorized by the city council and incurred in the performance of official duties for the city.

2.30.040 Designation of chairperson and vice chairperson, committees, and staff.

(A) Designation of the chairperson and vice chairperson for the commission shall be governed by Section 2.28.20 of this code.

(B) The commission may, from time to time, create committees or subcommittees to study issues, to perform work on behalf of the commission, to provide a service to the residents, or a segment of the residents, of the city, or to improve the quality of the environment of the city and living conditions of the residents of the city.

(C) Standing or temporary committee or subcommittee shall have at least one commissioner assigned to the committees. The commission shall make appointments of committee and subcommittee members with the approval of the city manager or designee.

(D) The city manager may appoint a department head, or other staff, and provide compensation for their services as may be authorized by the city council and by an annual city budget.

2.30.050 Time and place of meetings, definition of commission quorum.

(A) The commission shall hold at least one regular meeting each month at such time, date, and place designated by the commission. The chairperson or a majority of the commission, after giving notice to the commissioners, and to any media and members of the public who have previously requested such notices in writing, so that the notice is received at least twenty-four hours before the meeting, may hold a special meeting.

(B) A majority of the commissioners shall constitute a quorum.

2.30.060 Commission rules and records.

The open space, active transportation, and sustainability commission shall adopt rules for the transaction of its business and shall keep a public record of its resolutions, transactions, findings, recommendations, and actions. Minutes of the open space, active transportation, and sustainability commission meetings shall be filed with the city clerk.

Chapter 2.32 PLANNING COMMISSION

2.32.010 Creation of planning commission.

There is created a planning commission for the city. It shall consist of five members, appointed in the manner and for the terms prescribed in Sections 2.04.070 and 2.28.010, respectively, of this code, except that the terms of members of the initial commission shall be set by lot, with three members serving until June 30, 1994, and two members serving until June 30, 1996.

2.32.020 City planning commission—General jurisdiction and functions.

(A) The functions, powers and duties of the planning commission shall be all those functions, powers and duties of a planning commission and board of zoning adjustment as provided in Chapters 3 and 4 of Title 7 commencing with Section 65100 of the Government Code of the state (the planning and zoning law), as the same may be hereafter amended. The planning commission shall perform such other duties and functions as may be designated by the city council.

(B) In addition, with the exception of decisions on lot line adjustments and certificates of compliance, all discretionary decisions designated in the development code to be made by the planning officer or other officers or offices shall be made by the planning commission of the city. Further, the planning commission shall review and the city council shall act upon all requests for planned residential developments, subject to all other applicable provisions of the city's ordinances.

2.32.025 Appeal of actions taken by the commission.

All actions of the planning commission are subject to appeal to the city council in the manner set forth in the development code, and if not otherwise set forth, then by delivery by the applicant or other person affected by the decision of a written notice of appeal to the city clerk within seven days after the decision of the planning commission or giving of notice of same where notice is required.

2.32.030 Compensation of planning commissioners.

(A) The members of the planning commission shall each receive a stipend payable out of the general fund of the city, provided adequate funds have been budgeted. Standing, or temporary committee, or subcommittee members shall not be compensated. The stipend for commissioners shall be established by resolution of the city council and exclusive of any amounts payable as reimbursement for actual or necessary expenses authorized by the city council and incurred in the performance of official duties for the city.

(B) The stipend shall be paid to each commissioner that attends each regular or special meeting of the commission.

2.32.040 City council sitting as planning commission.

If the city council sits as the city planning commission, the city council shall not receive additional compensation under Section 2.32.030 of this chapter.

2.32.050 Chair—Committee staff.

Designation of chairpersons for the commission shall be governed by Section 2.28.020 of this code. The commission shall be authorized to appoint and fix the membership of such number of standing and temporary committees as it may find expedient for the performance of its duties. The city manager may appoint an executive secretary and other staff and provide such compensation for their services as may be authorized by the city council and the annual city budget of expenditures.

2.32.060 Meetings.

The commission shall hold at least one regular meeting each month at such time, date and place designated by the commission. Special meetings may be called by the chair or a majority of the commission, provided notice has been given to all members at least twenty-four hours prior to the meeting.

Chapter 2.36 JUDICIAL REVIEW OF ADMINISTRATIVE

2.36.010 Administrative decisions—Judicial review—Time limits.

The provisions of Section 1094.6 of the Code of Civil Procedure of the state are adopted by the city council, and the provisions are made applicable in the city as further specified in Section 2.36.020 of this chapter.

2.36.020 Decisions affected.

The provisions of this chapter shall be applicable to "decisions," as defined by Section 1094.6 of the Code of Civil Procedure of the state, that are final on and after January 1, 1992.

Chapter 2.40 CONFLICT OF INTEREST CODE

2.40.010 Adoption of conflict of interest code.

(A) In compliance with the Political Reform Act of 1974, California Government Code Section 81000, et seq., the city adopts a conflict of interest code which shall be applicable to all councilmembers, officials and designated employees and consultants of the city pursuant to Government Code Section 87300. Regulations of the Fair Political Practices Commission contain the terms of a standard model conflict of interest code which may be incorporated by reference into the city code and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearing.

(B) Accordingly, the terms of the Fair Political Practices Commission regulation set forth at 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practice Commission ("model code") are adopted and incorporated by reference into the municipal code of the city and with the Appendix A in which designated employee positions are set forth, Appendix B in which disclosure categories are set forth and the other provisions set forth in this chapter constitutes the conflict of interest code of the city which is the "agency" referenced in the model code. Appendices A and B are attached to the ordinance codified in this chapter and on file in the office of the city clerk.

2.40.020 Statements of economic interest—Place and time of filing.

All persons holding designated positions shall file a statement of economic interest with the city clerk at the times specified in Section 5 of the model code which has been adopted and incorporated by reference in this chapter.

2.40.030 Statement of economic interest—Contents and manner of reporting.

The contents of any statement of economic interest filed by the person holding a designated position and the manner of reporting any reportable interest shall be consistent with Sections 6 and 7 of the model code which has been adopted and incorporated by reference in this chapter.

2.40.040 Incompatible employment.

No councilmember, official or employee shall engage in or accept any private employment, or render services for private interest, when such employment or service is incompatible with proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of those duties.

2.40.050 Disclosure of confidential information.

No councilmember, official or employee shall, without proper authorization of the council, disclose confidential information concerning the property, government, or affairs of the city, nor shall he or she use such information to advance the financial interest of himself, herself or others.

2.40.060 Gifts and favors.

No councilmember, official or employee shall knowingly accept any gift which creates a conflict of financial interest and is given by any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the city. No councilmember, official or employee shall accept any gift regardless of amount, retainer or compensation that is contingent upon a specific action by the city council, a city commission or a city agency.

2.40.070 Interest in city contracts.

No councilmember, official or employee shall have an investment or monetary interest in any contract with the city made by them in their official capacity, or by any board or body of which they are members except as permitted by Government Code Section 1090, et seq.

2.40.080 Ex parte communications.

(A) No councilmember, official or employee shall encourage, make or accept any ex parte or other unilateral application or communication that excludes the interests of other parties in a matter under consideration when such application or communication is designed to influence the official decision or conduct of the official or other officials, employees or agencies in order to obtain a more favored treatment or special consideration to advance the personal or private interest of him or herself or others. The purpose of this provision is to ensure that all interested parties to any matter shall have equal opportunity to express and represent their interests.

(B) Any written ex parte communication received by a councilmember, official or employee in matters where all interested parties should have an equal opportunity to be heard shall be made a part of the record by the recipient.

(C) Any oral ex parte communication received under such conditions should be written down in substance by the recipient and also be made a part of the record.

(D) A communication concerning only the status of a pending matter shall not be regarded as an ex parte communication.

Chapter 2.41 CAMPAIGN DISCLOSURE

2.41.010 Findings.

(A) The city council finds that public access to campaign disclosure information is a vital and integral component of a fully informed electorate. Transparency in campaign financing is critical in order to maintain public trust and support of the political process.

(B) Since the enactment of the Political Reform Act, candidates and committees have complied with filing requirements by filing paper copies of campaign statements and reports. The city clerk's office has expended a significant amount of staff time to make such paper filings readily available to the public.

(C) In July 2012, the California Legislature approved Assembly Bill 2452 which authorizes local jurisdictions to require the filing of campaign statements and reports solely in an electronic format. The Governor approved the legislation on July 13, 2012 and it took effect on January 1, 2013.

(D) The city council finds that by eliminating manual processing of filings, electronic filing requirements will conserve resources and ensure the public has access to information disclosed in campaign statements and reports in a timelier manner. The electronic filing system will operate securely and effectively and will not unduly burden filers.

2.41.020 Purpose.

The purpose of this chapter is to require online electronic filing of campaign statements and require online reporting of contributions and independent expenditures relating to elections of candidates to city offices and the qualification or passage of local ballot measures within the city as currently required under the Political Reform Act, (commencing with California Government Code Section 84200 et seq.) in order to facilitate review and maximize the availability of this information to the public.

2.41.030 Authority.

The ordinance codified in this chapter is adopted pursuant to California Government Code Section 81013, which authorizes local agencies to impose additional requirements on any person so long as the requirements do not prevent the person from complying with the Political Reform Act.

2.41.040 Relationship to the Political Reform Act of 1974.

This chapter is intended to supplement the Political Reform Act as amended. Unless a word or term is specifically defined in this chapter or the contrary is stated or clearly appears from the context, words and terms shall have the same meaning as when they are used in Title 9 of the California Government Code, in which the Political Reform Act is codified, and as supplemented by the Regulations of the Fair Political Practices Commission as set forth in Title 2, Division 6 of the California Code of Regulations ("Regulations"), as well as any amendments to the Act or to the Regulations. If any provision of this chapter is held invalid, the terms of the Act and its Regulations control and supersede the terms of this chapter to the extent necessary to bring this chapter into full compliance therewith.

2.41.050 Definitions.

The following definitions used in this ordinance shall have the meanings set forth below.

"Candidate" shall be defined as set forth in the Political Reform Act provided that the term shall be limited to candidates for city office.

"Committee" means any person or combination of persons who, directly or indirectly, does any of the following: (1) receives contributions totaling two thousand dollars or more in any calendar year; or (2) makes independent expenditures totaling two thousand dollars or more in any calendar year. A person or combination of persons that becomes a committee shall retain its status as a committee until such time as that status is terminated pursuant to California Government Code Section 84214. A "committee" includes, but is not limited to, "controlled committee," "independent committee," and "general purpose committee."

"Contribution" means the same as that defined at Government Code Section 82015.

"Controlled committee" means a committee which is controlled directly or indirectly by a candidate or which acts jointly with a candidate or controlled committee in connection with the making of expenditures. A candidate controls a committee if he or she, his or her agent, or any other committee such candidate controls has a significant influence on the actions or decisions of the committee.

"Election" and/or "city election" means any primary, general, special or recall election held in the city.

"Election cycle" means the period of time commencing ninety days prior to an election and ending on the date of the election.

"General purpose committee" means a committee to support or oppose candidates or measures voted on in the city.

"Independent committee" means all committees other than controlled committees.

"Independent expenditure" means an expenditure made by any person including a payment of public moneys by a state or local governmental agency, in connection with a communication which expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage or defeat of a clearly identified measure, or taken as a whole and in context, unambiguously urges a particular result in an election but which is not made to or at the behest of the affected candidate or committee.

"Person" means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert. A "person" shall include, but is not limited to, a committee or candidate.

"Political Reform Act" means the California Political Reform Act of 1974 (Government Code Section 81000 et seq., as amended).

2.41.060 Application of chapter.

The provisions of this chapter shall only apply to candidates seeking election to a city office, their controlled committees or committees formed or existing primarily to support or oppose their candidacies, and to committees formed or existing primarily to support or oppose a candidate or to support or oppose the qualification, passage or defeat of, a local ballot measure which is being voted on only in the city, and to local general purpose committees active only in the city. In the event a city candidate also runs for a non-city office, the provisions of this chapter do not apply to the local candidate's campaign for such other office, nor to any committee established solely for the purpose of running for such state, federal, city, special district, or other non-city office.

2.41.070 Electronic campaign disclosure.

(A) Each candidate, candidate controlled committee and independent committee that is required to file a semi-annual campaign statement, a pre-election campaign statement, or an amended campaign statement with the city clerk pursuant to the Political Reform Act, and that receives a total of two thousand dollars or more in contributions or makes a total of two thousand dollars or more in independent expenditures, shall file the statement with the city clerk in an electronic format.

(B) In addition to any other report required by this chapter, all persons subject to the requirements of subsection A. shall file the following reports with the city clerk in an electronic format:

(1) A report disclosing a contribution received by or made to a candidate or local ballot measure, or an independent expenditure made for or against a candidate or local ballot measure, of two thousand dollars or more during an election cycle. The report shall be filed within twenty-four hours of the independent expenditure or receipt of the contribution.

(2) A report disclosing a contribution received by or made to a candidate or a local ballot measure, or an independent expenditure made for or against a candidate or local ballot measure, of two thousand dollars or more at any time other than during an election cycle. The report shall be filed within ten business days of the independent expenditure or receipt of the contribution.

(C) A candidate or committee that has filed an electronic statement or report is not required to file a paper copy.

(D) Once a candidate or committee is subject to the electronic filing requirements imposed by this chapter, the candidate or committee will remain subject to the electronic filing requirements until the candidate or committee files a termination statement pursuant to the Political Reform Act.

(E) Any candidate or committee not required to file an electronic statement or report by this section may voluntarily opt to file an electronic statement or report by submitting written notice to the city clerk's office. A candidate or committee that opts to file an electronic statement or report is not required to file a paper copy.

2.41.080 Administrative penalties.

If any person violates any provision of this chapter, he or she shall be liable to the city clerk's office in the amount of ten dollars per day of violation, in addition to any other legal remedies provided by law. This amount shall be deemed a penalty in accordance with Government Code Section 91013. The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative penalties:

(A) Notice of Violation. If any person subject to this chapter fails to comply with any provision herein, a notice of violation may be issued by the city clerk or designee.

(B) Content of Notice of Violation. The notice of violation shall contain the information listed below:

(1) Date, location and approximate time the violation was observed or discovered.

(2) The chapter section violated and a brief description of the violation.

(3) The amount of the penalty imposed for the violation.

(4) Instructions for the payment of the penalty, the time period by which it shall be paid, and the consequences of failure to pay the penalty within this time period.

(5) Instructions on how to appeal the notice of violation.

(6) The signature of the city clerk or designee.

(C) Service of Notice of Violation. Service of notice of violation shall be effective upon deposit in United States mail in accordance with this chapter. A copy of the notice of violation shall be mailed by certified mail, return receipt requested to the person who has violated the chapter, at the address listed for the person on the Fair Political Practices Commission Form 410 Statement of Organization.

(D) Penalties.

(1) The penalties assessed for each violation shall be ten dollars per day and shall not exceed the cumulative amount stated in the late statement or report, or one hundred dollars, whichever is greater.

(2) Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.

(3) The penalties assessed shall be payable to the city clerk's office.

(E) Administrative Appeal.

(1) Notice of Appeal. The recipient of a notice of violation carrying a penalty may appeal by filing a written notice of appeal with the city clerk's office. The written notice of appeal must be filed within twenty days of the service of the notice of violation. Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal. The notice of appeal shall contain the following information:

(a) A brief statement setting forth appellant's interest in the proceedings;

(b) A brief statement of the material facts which appellant claims supports his or her contention that no violation has occurred, no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted;

(c) An address at which the appellant agrees notice of any additional proceeding or an order relating to the imposition of the administrative penalty may be received by mail.

(d) The signature of the appellant.

(2) The city clerk, or designee, shall review the appeal and issue a notice of decision within thirty days of receipt of the notice of appeal. The notice of decision shall be final.

(3) In addition to any other available remedies, the city clerk's office may bring a civil action and obtain a judgment in Superior Court for the purposes of collecting any unpaid monetary penalties, fees, or civil penalties imposed pursuant to Government Code Section 91013.5.

2.41.090 Enforcement.

The city clerk's office, or designee, shall have the primary responsibility to monitor compliance with this chapter at his or her discretion, to investigate alleged violations of this chapter, to issue notices of violations as appropriate, to review appeals to the notices of violations, and to collect administrative penalties as set forth herein.

Chapter 2.44 PEACE OFFICER STANDARDS AND TRAINING

2.44.010 Declaration of intent.

The city declares that it desires to qualify to receive aid from the state under the provisions of Chapter 1, Title 4, Part 4, of the California Penal Code.

2.44.020 Adherence to state standards.

Pursuant to Section 13522 of the Chapter 1 referred to in Section 2.44.010, the city while receiving aid from the state pursuant to said Chapter 1, will adhere to the standards for recruitment and training established by the California Commission of Peace Officer Standards and Training.

Chapter 2.48 CIVIL DEFENSE AND DISASTER RELIEF

Article I Organization of City for Emergency Response

2.48.010 Purpose.

The purpose of this chapter is to comply with the provisions of the California Emergency Services Act, Title Two, Division One, Chapter Seven of the Government Code of the state of California (commencing with Section 8550); to provide for the preparation and carrying out of plans for the protection of persons and property within the city in the event of an emergency; to provide for the mitigation of the effects of natural, man-made, or war-caused emergencies which result in conditions of disaster or extreme peril to life, property, or the resources of the city; and to create an organization based on the Standardized Emergency Management System (SEMS) to coordinate the efforts of the various emergency services agencies, both public and private, within the city dealing with emergencies.

2.48.020 Definitions.

As used in this article:

"City" means the city of American Canyon in the county of Napa, California as defined in Section 1.04.150 of this code.

"Coordinator" means the coordinator of emergency services of the city.

"Director" means the director of emergency services.

"Emergency" means the existence of a state of war emergency, state of emergency, or local emergency as hereinafter defined.

"Emergency council" means the city emergency council organized pursuant to the provision of Section 2.48.060 of this chapter.

"Emergency services organization" means all officers and employees of the city, all persons enrolled to aid such officers and employees during an emergency, and all officers and employees of public agencies, groups, organizations, or persons, who may, by agreement, or by operation of law, be charged with duties incident to the protection of life and property within the city during an emergency, or who may be impressed into service pursuant to law.

"Local emergency" means the duly proclaimed existence or threatened existence, of conditions of disaster or of extreme peril to the safety of persons and property within the territory of the city or within any portion thereof, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the service, personnel, equipment, and facilities of the city and require the combined forces of other public agencies to combat.

"State of emergency" means the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within this state caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, other than conditions resulting from a labor controversy, or conditions causing a "state of war emergency," which conditions by reasons of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single city and require mutual aid forces or the combined forces of more than one public agency to combat.

"State of war emergency" means a condition with or without a proclamation thereof by the Governor whenever this state or the United States is attacked by an enemy of the United States, or upon receipt by the state of California of a warning from the federal government indicating that such an enemy attack is probable or imminent

2.48.030 Director of emergency services.

The city manager is designated director of emergency services.

2.48.040 Powers and duties of the director.

The director is empowered to:

(A) Direct the efforts of the emergency services organization within the city for the accomplishment of the purposes of this chapter, or of any other law, ordinance, or rules and regulations, relating to the preparation and implementation of emergency plans or programs now in effect, or as may be hereinafter adopted in accordance with law, by the city, the state of California or the United States of America;

(B) Request that the city council proclaim the existence of a local emergency, if it is in session, or to issue such proclamation of local emergency under his or her own authority if the council shall take action to ratify the proclamation within seven days thereafter, or the proclamation shall have no further force and effect after the seventh day from the date of issuance;

(C) Request that the Governor proclaim a state of emergency when in the opinion of the director, the locally available resources are inadequate to cope with an emergency;

(D) Promote cooperation, and resolve questions of authority and responsibility that may arise, between agencies making up the emergency services organization, and coordinate the services of and direct staff within the emergency services organization;

(E) Subject to the approval of the city council, to enter into mutual aid agreements between the city and the county and other public agencies, or any corporation, individual, or group of individuals; provided, however, that any mutual aid contract entered into with any public agency, whose territory is located within the county of Napa, and any contract with any corporation, group of individuals or individual within the county, shall contain the express provision that in the event of a local emergency duly proclaimed by the city council or the director, the director shall direct all operations of the emergency services organization within the city so designated by said proclamation, and the director shall resolve all questions of authority or responsibilities that may arise between agencies responding to the proclamation of local emergency;

(F) Represent the city in all dealings with the public or private agencies on matters pertaining to emergencies;

(G) In the event of the proclamation of a local emergency as hereinabove provided, or the proclamation of a state of emergency or the existence of a state of war emergency, the director is empowered to:

(1) Make and issue rules and regulations on matters reasonably related to the protection of life and property affected by such emergency, provided, however, that such rules and regulations must be confirmed at the earliest practicable time by the city council.

(2) Obtain necessary supplies, equipment, and such other properties found to be lacking or needed for the protection of life and property, and to bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use.

(3) Require the immediate service of any city officer or employee and, in the event of proclamation of a state of emergency, or the existence of a state of war emergency, to command the aid of any citizen as he deems necessary in the execution of his duties. Such persons so impressed into such service shall be entitled to all the privileges, benefits, and immunities as are provided by law for registered disaster service workers.

(4) Requisition necessary personnel and materials from any department or agency of the city.

(5) Execute all of his ordinary powers as city manager, all of the special powers conferred upon him by the ordinance codified in this chapter, or by any resolution or emergency plan heretofore or hereafter adopted by the city council and all powers conferred on him by any statute, agreement or other lawful authority.

(6) In the event of a local emergency, the director or his duly authorized representative may order any person impeding the efforts of any emergency service personnel to leave the area designated as an area within which a local emergency exists. Refusal by any person to obey the lawful directions of the director or his duly authorized representative, or the hindrance or interference by any person with the lawful duties of any emergency service personnel shall constitute a misdemeanor and a violation of this code and shall be punishable in the manner provided by Section 1.24.040(A) of this code;

(H) The director shall designate the order of succession to that office to take effect in the event that the director is unable to attend meetings, or to otherwise perform his duties during an emergency.

2.48.050 Coordinator of emergency services.

The coordinator of emergency services shall be appointed from the classified services of the city by the director. The coordinator shall have all of the powers and duties as specified by law, and shall in addition have such additional powers and duties as may be determined by the director.

2.48.060 Emergency council—Created—Membership.

(A) This is created the city emergency council.

(B) The emergency council shall consist of the following members:

(1) The mayor or designee;

(2) The director (city council) or designee;

(3) The designated city chief of police or further designee;

(4) The director of the department of public works or designee;

(5) The city engineer or designee;

(6) The fire chief of the city fire protection district or designee;

(7) One member representing the public utilities engaged in the transmission of power, gas, telephonic or telegraph communications or other similar utility; and,

(8) One member representing the general public shall be appointed annually by the director.

(C) The mayor shall be an ex officio member and chairperson of the emergency council. In his or her absence, the director shall serve as chairperson.

2.48.070 Powers and duties of the emergency council.

(A) The emergency council is empowered to study and revise the city emergency plan, and to review and recommend action upon all proposed mutual aid agreements with the county, other public agencies, corporations, groups or individuals, and to review and recommend the adoption of such ordinances, resolutions and rules and regulations as may be necessary to implement the city emergency plan or any mutual aid agreement entered into pursuant to such plat, including but not limited to, the concurrent implementation of applicable state law, such as the availability of workers' compensation benefits for involved disaster workers.

(B) The emergency council shall be responsible for the development of the local emergency plan, which shall provide for the effective mobilization of all the resources of the city, both public and private, to meet conditions constituting an emergency and shall provide for the organization, powers and duties, services and staff of the city emergency services organization.

(C) The coordinator shall be the ex officio secretary of the emergency council and shall provide such administrative, technical, and other assistance to the emergency council as may be needed and as approved by the director.

(D) Approval of recommendations and the taking of any action by the emergency council shall be by majority vote, a quorum of members being present. Presence in person by a majority of the members of the council shall constitute a quorum for the transaction of business. The emergency council shall appoint such committees which shall be necessary to advise the council on questions relating to manage went of resources, communications health services, utilities, the preservation of peace and safety, and in such other areas as may be deemed necessary to the council.

(E) The emergency council shall meet at least annually to review the city emergency plan.

(F) The emergency council may recommend the calling and conducting of test exercises, either singularly or in conjunction with the county or any

public agency, corporation, group or individual. The director shall order such exercises as it deems necessary; provided, however, that no person conducting such exercises shall have the power to command the assistance of any private citizen, and the failure of any citizen; to obey any order or regulation pertaining to the test exercise shall not constitute a violation of this chapter.

2.48.080 Expenditures.

Any expenditure made in connection with the emergency services organization, including mutual aid activities, shall be , deemed conclusively to-, be for the direct protection and benefit. of the inhabitants of the property of the city.

Article II Preservation of Local Government

2.48.090 Definitions.

As used in this article:

"Disaster" means a war- or enemy-caused calamity, such as an attack by nuclear weapons, which renders unavailable a majority of the council of the city.

"Unavailable" means that a councilmember is either killed, missing or so seriously injured as to be unable to attend meetings and otherwise perform his or her duties. Any question as to whether a particular officer is unavailable shall be settled by the city council or any remaining available members thereof.

2.48.100 Appointment of standby officers.

To provide for the continuation of the legislative and executive departments of the city in occasions of a disaster, the city council may appoint three standby officers for each member of such council to succeed to such member's duties in the event of his or her unavailability as a result of a disaster.

Standby officers shall be appointed, serve and qualify in accordance with Title 2, Division 1, Chapter 7, Article 15 of the Government Code of the state of California, commencing with Section 8635. The city council shall have discretion as to whether or not such appointments shall be made. In the event of a disaster, any vacancy occurring on the city council which cannot be filled by a standby officer because standby officers have not been appointed or are unavailable, shall be filled as provided by this section.

2.48.110 Meeting of city council after disaster.

The city council shall meet as soon as possible after a disaster. The meeting may be called by the mayor or by a majority of the available members of the city council. Should there be only one member of the city council available, he may call and hold such meeting and perform any acts necessary to reconstitute the city council.

At the first meeting after the disaster the city council shall:

(A) Ascertain the damage to the city, to personnel and properly;

(B) Proceed to reconstitute itself by filling vacancies until there are three members of such council. Should only one member of the council, or only one standby officer be available, he shall have the power to reconstitute the city council;

(C) Proceed to reconstitute the government of the city by appointment of qualified persons to fill vacancies in the governmental system;

(D) Proceed to perform its functions in the preservation of law and order and in the furnishing of local services.

2.48.120 Procedure when all members of city council are unavailable.

Should all members of the city council be unavailable, temporary officers shall be appointed as follows:

(A) By the chairperson of the board of supervisors of the county, and if the chairperson is unavailable:

(B) By the mayor of any city within one hundred fifty miles of the city beginning with the nearest and most populated city and going to the farthest and least populated.

Article III Control of Food and Other Sources

2.48.130 Purposes.

The declared purpose of this section is to provide for the conservation, control and distribution of those resources of this city, which are essential to survival and recovery of individuals, government and the business economy of the city, during and following a state of extreme emergency of a state or disaster, as defined in the California Disaster Act.

2.48.140 Definition.

As used in this article:

"Resources" means all foods for humans or animals and all essential survival items and resources declared to be in critical supply by the director of emergency services, during and following a state of disaster or a state of extreme emergency.

2.48.150 Duties of vendors—Possessors and producers of resources.

The vendors, possessors and producers of resources as defined in Section 2.48.140 are prohibited from selling, giving away or otherwise disposing of controlled resources in their possession at the onset of or during a state of extreme emergency or a state of disaster except in the manner, and at the time specified, in the directives issued by the director of emergency services.

2.48.160 Prohibited acts—Penalties.

It shall be a misdemeanor, punishable as provided in Section 1.24.040(A), for any person during a state of emergency or proclaimed state disaster:

(A) To wilfully obstruct, hinder or delay the city's emergency services organization in the enforcement of any lawful rule or regulation issued pursuant to this section, or in the performance of any duty imposed upon the organization by virtue of this chapter;

(B) To do any act forbidden by any lawful rules or regulations issued pursuant to this section if such act is of such nature as to give or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof.

Chapter 2.50 PERSONNEL SYSTEM

Article I General Provisions and Administration

2.50.010 Statement of purpose.

This chapter outlines the personnel policies that govern employment with the city of American Canyon. It is designed to ensure consistent, fair, and uniform treatment of all city employees, and to attract, develop, motivate, and retain high-performing employees. These personnel policies provide city management with a foundation and policy for the management of human resources. Administrative human resources practices and procedures provide departments with specific procedural guidelines for carrying out personnel and other city policies. Departments may adopt additional practices and procedures with the approval of the city manager or designee.

2.50.020 Authority.

This section implements the authority granted in Sections 45000 et seq., of the Government Code of the state of California, for the city council of the city of American Canyon to establish and enable a personnel system as the council determines for the best interests of the public service. The council shall approve all subsequent additions, amendments and revisions to the provisions contained in this chapter.

The policies contained in this chapter supersede Resolution 95-07 and any and all previously issued city policies, procedures, rules, or instructions related to matters discussed herein.

2.50.030 Administration.

(A) City Manager Responsibility. Pursuant to Section 2.08.060 of this code, the city manager shall be responsible for the development, implementation and control, and modification of the human resource practices and procedures which implement and ensure compliance with the provisions and intent of this chapter. In the event any provision of this chapter requires clarification, the city manager may issue administrative instructions clarifying the intent of such provision as adopted by the council.

(B) City Human Resources Practices and Procedures. The city manager shall adopt, and as necessary, modify, the city human resources practices and procedures which incorporate the provisions of this chapter to provide direction to all city employees on human resource management.

(C) Delegation of Responsibility. The city manager may delegate some or all of the human resource responsibilities and duties authorized in this section.

(D) Amendments. Amendments to the personnel policies in this chapter shall be adopted by resolution of the council. Personnel practices and procedures shall be adopted by the city manager or designee. In either case, reasonable advanced written notice, at least thirty days, shall be given to each recognized employee organization affected by any ordinance, rules, resolution, or regulation, or amendment thereof, proposed to be adopted by the council or the city manager. This subsection is optional if not within the scope of representation. Upon request, the city manager or designee shall provide the opportunity to meet with any employee organization regarding amendments affecting wages, hours and other terms and conditions of employment, as specified in Chapter 2.52, Employer-Employee Relations, and as specified as being a matter within the scope of representation.

(E) Emergency Provisions. As provided in Section 3500 et seq., of the Government Code, in cases of emergency, when the city council or the city manager determines that amendment(s) to personnel rules or policies must be adopted immediately without prior notice or meeting with a recognized employee organization, the city shall provide such notice and opportunity to meet at the earliest practicable time following adoption by the city council or the city manager.

2.50.040 Prevailing policies.

(A) At-Will Employees. Employees covered by the exempt management recognition and compensation program resolution are employed at-will. At-will employees serve at the pleasure of the city. At-will employees have no defined or definitive employment duration, and employment may be terminated by either party with or without cause for any reason that is not prohibited by state or federal law, unless otherwise defined in a contract between the city and the at-will employee. At-will employees are not covered by this chapter to the extent that there is a conflict between this chapter and their at-will status. In the event of conflict between the individual employee employment contract or the exempt management recognition and compensation program resolution and the provisions of this chapter, the terms of the employment contract and/or the exempt management recognition and compensation program resolution shall take precedence for at-will employees.

(B) State and Federal Regulations. Nothing in this chapter shall be deemed to supersede applicable state or federal law or administrative regulations related to personnel matters.

(C) Employer-Employee Relations Agreements. Within the limitations of Chapter 2.52, if there is any conflict between this chapter and any memorandum of understanding or resolution authorizing pay, benefits, and other terms and conditions of employment between the city and a recognized employee organization, the provisions contained in such memorandum of understanding or resolution shall take precedence.

2.50.050 Departmental cooperation.

It shall be the duty of all subordinate officers and the city attorney, city clerk, and city treasurer to comply with and assist the city manager in administering the provisions of this chapter and the human resources practices and procedures efficiently, consistently and harmoniously.

Article II Personnel Policies

2.50.060 Equal opportunity employer/discrimination-free workplace.

It is the policy of the city that all persons are entitled to equal employment opportunity. The city does not discriminate against its employees, contractors, consultants, citizens, or applicants regardless of race, color, national origin, age, sex, sexual preference, marital status, physical handicap, medical condition, veteran status, or religious affiliation in accordance with all applicable federal and state equal opportunity laws. It is the city's policy to treat all employees, contractors, consultants, and applicants on the basis of merit, qualifications and competence, and to remove discriminatory employment barriers when and where they are found to exist so all individuals may compete for employment opportunities on an equal basis.

Nondiscrimination/equal opportunity shall apply in all program areas, including but not limited to recruitment, hiring, promotions, compensation, benefits, transfers, work assignments, performance evaluations, disciplinary actions, demotions, terminations, layoffs, employee development, educational, social, and recreational programs, and the use of city facilities.

All city human resource practices and procedures shall be administered in accordance with this equal opportunity/discrimination-free workplace provision.

2.50.070 Healthy and safe workplace.

The city is committed to maintaining a safe and healthful workplace for all its employees, contractors, consultants, and the public in compliance with all related federal, state, and local laws. The city manager and staff shall be responsible for developing and implementing policies which protect employees and the public from potentially dangerous, violent, or harassing situations.

(A) Safety. The city shall develop programs and systems to protect its employees, property, and the general public from hazardous conditions, dangerous materials, and unsafe conditions. It shall be the responsibility of every employee to know and observe all safety rules, to use safety equipment and devices provided, and to work in a manner that will safeguard the employee, co-workers, and the general public.

(B) Violence in the Workplace. The city is intolerant of any behavior by employees, contractors or consultants which creates the risk of injury or harm resulting from violence to city employees, contractors, consultants, or the public. No city employee, contractor, or consultant shall possess weapons of any type while on duty or on city property, with the exception of on-duty law enforcement personnel, nor shall any employee, contractor, or consultant threaten or intimidate any other person with a violent action.

(C) Alcohol and Controlled Substances. The city is committed to providing a work environment that is safe, healthy and free of any adverse effects caused by alcohol or controlled substances. The city reserves the right, with or without prior notice to the employee, to conduct drug and alcohol tests, and to search all work areas and property in which the city maintains full or joint control with the employee.

(D) Harassment. It is the policy of the city to provide a businesslike work environment, free from all forms of employee discrimination, including incidents of sexual or any other form of harassment. Harassment by an employee or of an employee on the basis of race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, marital status, gender, sexual preference, or age will not be tolerated. No employee, contractor or consultant shall be subjected to any form of harassment by other employees, contractors, consultants or the general public. No employee shall sexually harass anyone or suffer harassment from anyone else.

2.50.080 Classification system.

The city shall establish a classification plan to provide a fair, complete, and continuous inventory of all classifications in the city service and to provide accurate descriptions and specifications for each class. Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis. Any variations in pay must be based on significant differences in responsibilities and required knowledge, skills, and abilities. The city council shall approve the classification system. The city manager or designee shall bring recommendations for significant modifications of or additions to, the classification system to the city council for approval.

2.50.090 Compensation plan.

A compensation plan shall be established by resolution of the city council. This plan shall establish the salary range and salary steps or rates of pay for each position in the city classification system in order to fairly compensate employees and maintain the city's competitiveness in the labor market. The city council shall administer the compensation plan for the city attorney and city manager. The city manager or designee shall administer the compensation plan for all other city employees. The city manager or designee shall make recommendations to amend the compensation plan to the city council.

2.50.100 Employee benefits.

An employee benefits program shall be established by resolution of the city council. Employee benefits should be designed to meet changing employee needs, create an environment for performance excellence, and keep the city competitive in the labor market. The city manager or designee shall make recommendations to amend the employee benefits program to the city council.

2.50.110 Recruitment and selection.

It is the city's intent to hire the most qualified and superior individuals to work in city service, while adhering to the city's equal opportunity and discrimination-free policies. The city manager or designee shall establish and maintain a fair and open recruitment and selection process which encourages anyone who feels qualified to apply. The city manager will ensure that all recruitment information and selection decisions are fair, open, and based on the specific requirements of the job.

2.50.120 Employee performance evaluation.

Regular performance evaluations are critical to retaining and enhancing the city's workforce. Evaluations shall be made as to the efficiency, competency, conduct, alignment with mission and goals, and merit of city employees. It is the responsibility of the department heads and subordinate supervisors to conduct ratings and complete employee evaluations. The city manager or designee shall provide and prescribe the forms and procedures to be used in such performance evaluations, and to assist in the training of supervisory personnel so that the evaluation program will be carried out in a sound and effective manner.

2.50.130 Employee development.

Continual development and enhancement of employee knowledge, skills, and abilities is required to provide the service excellence expected by city residents. The city manager or designee and the department directors should provide for the opportunities for all employees to continue to develop their capacity in order to effectively do their job, provide high quality services and proper supervision, and advance their career within the city service. Employee development is key to the recruitment and retention of a high performing workforce.

2.50.140 Employee discipline.

The city manager shall develop and implement disciplinary actions which are intended to be corrective and progressive in nature with the objective of obtaining compliance with rules, orders, procedures, standards of conduct and/or expected job performance. Corrective or disciplinary action taken should be limited in severity so that it is commensurate with the alleged infraction(s). While supervisors are encouraged to use a progressive approach in most circumstances, serious infractions of disciplinary standards call for an appropriate response. Counseling, warnings, reprimands, and suspensions may be bypassed if the employee's actions justify a more severe response.

2.50.150 Employee rights and responsibilities.

The city recognizes the rights of employees in public service. Those rights include the freedom of speech, ability to submit and obtain responses to grievances, protection from retaliation for work-related action, and the city's adherence to all applicable state and federal labor laws and standards. The city also recognizes the responsibilities of employees in public service, including ethical standards, appropriate workplace conduct, and proper use of public property. The city manager or designee shall be responsible to develop and maintain appropriate practices and procedures governing these and other employee rights and responsibilities. These practices and procedures shall be periodically reviewed and updated as appropriate. The practices and procedures shall be made available to every employee and complete copies maintained in each city office. A summary and explanation of the information in this chapter and the practices and procedures shall be included in an employee handbook and provided to every current and new city employee, contractor, and consultant.

Chapter 2.52 EMPLOYER-EMPLOYEE RELATIONS

Article I General Provisions

2.52.010 Statement of purpose.

(A) This chapter implements Chapter 10, Division 4, Title 1, of the Government Code of the state of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations," by providing orderly procedures for the administration of employer-employee relations between the city and its employee organizations. This chapter is intended to strengthen merit, civil service, and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the city.

(B) It is the purpose of this chapter to provide procedures for meeting and conferring in good faith with recognized employee organizations regarding matters that directly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law. However, nothing in this chapter shall be construed to restrict any legal or inherent exclusive city rights with respect to matters of general legislative or managerial policy, which include, but are not limited to, the following:

(1) The exclusive right to determine the mission of its constituent departments, commissions, and boards;

(2) Set standards of service;

(3) Determine the procedures and standards of selection for employment and for termination therefrom;

(4) Direct its employees;

(5) Take disciplinary action;

(6) Lay off employees;

(7) Relieve its employees from duty because of lack of work or for other lawful reasons;

(8) Maintain the efficiency of governmental operations;

(9) Determine the methods, means, and personnel by which government operations are to be conducted;

(10) Take all necessary actions to carry out its mission in emergencies; and

(11) Exercise complete control and discretion over its organization and the technology of performing its work.

2.52.020 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

"Appropriate unit" means a unit of employee classes or positions, established pursuant to Article II hereof:

"City" means the city of American Canyon, and, where appropriate herein, refers to council or any duly authorized city representative as defined in this chapter.

"Confidential employee" means an employee who, in the course of his or her duties, has access to confidential information relating to the city's administration of employer-employee relations.

"Consult/consultations in good faith" means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet-and-confer process, does not involve an exchange of proposals and counterproposals with an exclusively recognized employee organization in an endeavor to reach agreement in the form of a memorandum of understanding, nor is it subject to Article IV of this chapter.

"Day" means calendar day unless expressly stated otherwise.

"Employee relations officer" means the city manager or his duly authorized representative.

"Exclusively recognized employee organization" means an employee organization which has been formally acknowledged by the city as the sole organization representing the employees in an appropriate representation unit pursuant to Article II of this chapter, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees.

"Impasse" means that the representative of the city and a recognized employee organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a memorandum of understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile.

"Management employee" means an employee having responsibility for formulating, administering, or managing the implementation of city policies and, programs.

"Proof of employee support" means: (1) an authorization card recently signed and personally dated by an employee; or (2) a verified authorization petition or petitions recently signed and personally dated by an employee. The words "recently signed" shall mean within ninety days prior to the filing of a petition.

"Supervisory employee" means any employee having authority, in the interest of the city, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline, other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

Article II Representation Proceedings

2.52.030 Filing of recognition petition by employee organization.

(A) An employee organization that seeks to be formally acknowledged as the exclusively recognized organization representing the employees in an appropriate unit shall file a petition with the employee relations officer containing the following information and documentation:

(1) Name and address of the employee organization;

(2) Names and titles of its officers;

(3) Names of employee organization representatives who are authorized to speak on behalf of the organization.

(4) A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the city.

(5) A statement of whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner with, a local, regional, state, national, or international organization, and, if so, the name and address of each such other organization.

(6) Certified copies of the employee organization's constitution and bylaws.

(7) A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose.

(8) A statement that the employee organization has no restriction on membership based on race, color, creed, sex, national origin, age, or physical disability.

(9) The job classification or position titles of employees in the unit claimed to be appropriate and the appropriate number of member employees therein.

(10) A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the city. Such written proof shall be submitted for preliminary confirmation to the State Mediation and Conciliation Service.

(11) A request that the employee relations officer formally acknowledge the petitioner as the exclusively recognized organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith.

(B) The petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct, and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it.

2.52.040 City response to recognition petition.

(A) Upon receipt of the petition, the employee relations officer shall determine within a reasonable time whether:

(1) There has been compliance with the requirements of the recognition petition, and

(2) The proposed representation unit is an appropriate unit in accordance with Section 2.53.060 of this article.

(B) If an affirmative determination is made by the employee relations officer on the foregoing two matters, he or she shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on the request for thirty days thereafter. If either of the foregoing matters is not affirmatively determined, the employee relations officer shall inform that organization of the reasons therefor in writing. The petitioning employee organization may appeal such determination in accordance with Section 2.52.100 of this chapter.

2.52.050 Open period for filing challenging petition.

(A) Within thirty days of the date written notice was given to affected employees that a valid recognition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least fifty percent and otherwise in the same form and manner as set forth in Section 2.52.030 of this article.

(B) If such challenging petition seeks establishment of an overlapping unit, the employee relations officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard.

(C) Thereafter, the employee relations officer shall determine the appropriate unit or units in accordance with the standards in Section 2.52.060 of this article. The petitioning employee organizations shall have fifteen days from the date notice of such unit determination is communicated to them by the employee relations officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section 2.52.100 of this article.

2.52.060 Policy and standards for determination of appropriate units.

(A) The policy objectives in determining the appropriateness of units shall be: (1) the effect of a proposed unit on the efficient operations of the city; (2) the unit's compatibility with the primary responsibility of the city and its employees to effectively and economically serve the public; and (3) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping positions that share an identifiable community of interest. Factors to be considered shall be:

(1) Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions.

(2) History of representation in the city and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized.

(3) Consistency with the organizational patterns of the city.

(4) Number of employees and classifications, and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units.

(5) Effect on the classification structure and impact on the stability of the employer-employee relationship of dividing a single or related classifications among two or more units.

(B) The employee relations officer shall, after notice to a consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this section.

(C) Notwithstanding the foregoing provisions of this section, managerial, supervisory and confidential responsibilities, as defined in Section 2.52.020 of this chapter, are determining factors in establishing appropriate units hereunder, and therefore such managerial, supervisory and confidential employees may only be included in units that do not include nonmanagerial, nonsupervisory and nonconfidential employees. Managerial, supervisory and confidential employees may not represent any employee organization which represents other employees.

2.52.070 Election procedure.

(A) The employee relations officer shall arrange within a reasonable time for a secret-ballot election to be conducted by the State Mediation and Conciliation Service in accordance with its rules and procedures and subject to the provisions of this chapter. All employee organizations which have duly submitted petitions which have been determined to be in conformance with this article shall be included on the ballot. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen days before the date the election commences, including those who did not work during such period because of illness, vacation, or other authorized leaves of absence, and who are employed by the city in the same unit on the date of the election.

(B) An employee organization shall be formally acknowledged as the exclusively recognized employee organization for the designated appropriate unit following an election or runoff election in which it receives a majority of the votes cast. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a runoff election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election shall be applicable to a runoff election.

(C) There shall be no more than one valid election under this chapter pursuant to any petition in a twelve-month period affecting the same unit.

(D) The city and each employee organization appearing on the ballot shall bear its own costs.

2.52.080 Procedure for decertification of exclusively recognized employee organization.

(A) A decertification petition alleging that the incumbent exclusively recognized employee organization no longer represents a majority of the employees in an established appropriate unit may be filed with the employee relations officer only during the first month following the first full year of recognition, during the thirty-day period commencing ninety days prior to the termination date of a memorandum of understanding then having been in effect three years or less, or at any time during which a memorandum of understanding is not in effect. A decertification petition may be filed by employees or their representative, or any employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct, and complete:

(1) The name, address, and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information.

(2) The name of the established appropriate unit and of the incumbent exclusively recognized employee organization sought to be decertified as the representative of that unit

(3) An allegation that the incumbent exclusively recognized employee organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto.

(4) Proof of employee support that at least fifty percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent recognized employee organization. Such proof shall be submitted for confirmation to the employee relations officer or to a mutually agreed upon disinterested third party within the time limits specified in subsection A of this section.

(B) An employee organization may, in satisfaction of the decertification petition requirements hereunder, file a petition under this section in the form of a recognition petition that evidences proof of employee support of at least fifty percent of the employees in the bargaining unit, that includes the allegation and information required under subsection (A)(3) of this section and otherwise conforms to the requirements of Section 2.52.030 of this article.

(C) The employee relations officer shall initially determine whether the petition has been filed in compliance with the applicable provisions of this article. If his or her determination is in the negative, he or she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such petition to the employees or employee organization with a statement of the reasons therefor in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section 2.52.100 of this article. If the determination of the employee relations officer is in the affirmative, or if his negative determination is reversed on appeal, he or she shall give written notice of such decertification or recognition petition to the incumbent exclusively recognized employee organization and to unit employees. The employee relations officer shall thereupon arrange within a reasonable time for a secret-ballot election to be conducted by the state mediation and conciliation service in accordance with its rules and procedures and subject to the provisions of this chapter, after such notice to determine the wishes of unit employees as to the question of decertification and, if a recognition petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Section 2.52.070 of this article.

(D) During the "open period" specified in subsection A of this section, the employee relations officer may, on his or her own motion, when he or she has a good-faith reason to believe that a majority of unit employees no longer wish to be represented by the incumbent exclusively recognized employee organization, give written notice to that organization and all unit employees that he or she will arrange for an election to determine that issue. Such written notice shall state the reasons for his or her good-faith reason to believe that a majority of the employees no longer wish to be represented by the incumbent exclusively recognized employee organization. In such event any other employee organization may within fifteen days of such notice file a recognition petition in accordance with this section, which the employee relations officer shall act on in accordance with this section.

2.52.090 Procedure for modification or clarification of established appropriate units.

(A) Requests by employee organizations for modifications or clarifications of established appropriate units may be filed and considered by the employee relations officer only during the open periods specified in Section 2.52.080 of this article. Such requests shall be submitted in the form of a recognition petition and, in addition to the requirements set forth in Section 2.52.030 of this article, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 2.52.060 of this chapter. The employee relations officer shall process such petitions as other recognition petitions under this article.

(B) The employee relations officer may on his or her own motion propose during the open periods specified in Section 2.52.080 of this article that an established unit be modified. The employee relations officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard.

(C) Thereafter the employee relations officer shall determine the composition of the appropriate unit or units in accordance with Section 2.52.060 of this article, and shall give written notice of such determination to the affected employee organizations. The employee relations officer's determination may be appealed as provided in Section 2.52.100 of this article. If a unit is modified pursuant to the motion of the employee relations officer hereunder, employee organizations may thereafter file recognition petitions seeking to become the exclusively recognized employee organization for such new appropriate unit or units pursuant to Section 2.52.030 of this chapter.

2.52.100 Appeals.

(A) An employee organization aggrieved by an appropriate unit determination of the employee relations officer under this article may appeal such determination to the council for final decision within fifteen days of notice of the employee relations officer's determination or the termination of proceedings pursuant to Government Code Section 3507.3, whichever is later.

(B) An employee organization aggrieved by a determination of the employee relations officer that a recognition petition (Section 2.52.030), challenging petition (Section 2.52.050) or decertification of recognition petition (Section 2.52.080) or employees aggrieved by a determination of the employee relations officer that a decertification petition (Section 2.52.080) has not been filed in compliance with the applicable provisions of this article may, within fifteen days of notice of such determination, appeal the determination to the city council for final decision.

(C) Appeals to the council shall be filed in writing with the city clerk, and a copy thereof served on the employee relations officer. The council shall commence to consider the matter within thirty days of the filing of the appeal. The council may, in its discretion, refer the dispute to a third party hearing process. Any decision of the council on the use of such procedure, and/or any decision of the council determining the substance of the dispute, shall be final and binding.

Article III Administration

2.52.110 Submission of current information by recognized employee organizations.

All changes in the information filed with the city by an exclusively recognized employee organization under items 1 through 8 of its recognition petition under Section 2.52.030 of this chapter shall be submitted in writing to the employee relations officer within fourteen days of such change.

2.52.120 Employee organization activities—Use of city resources.

Access to city work locations and the use of city paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in memoranda of understanding and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of this chapter that pertain directly to the employer-employee relationship and not to such internal employee organization business as soliciting membership, campaigning for office, and organization meetings and elections, and shall not interfere with the efficiency, safety and security of city operations.

Article IV Impasse Procedures

2.52.130 Initiation of impasse procedures.

If the meet and confer process has reached impasse as defined in this chapter, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the employee relations officer. The purpose of such meeting shall be:

(1) To review the position of the parties in a final effort to reach agreement on a memorandum of understanding; and

(2) If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided in this chapter.

2.52.140 Impasse procedures.

Impasse procedures are as follows:

(A) If the parties agree to submit the dispute to mediation, the dispute shall be submitted to mediation under the State Mediation and Conciliation Service. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues;

(B) If the parties do not agree to submit the dispute to mediation, or having so agreed the impasse has not been resolved through the mediation process, the dispute shall be referred to the council. The council may take such action regarding the impasse as it in its discretion deems appropriate in the public interest. Any legislative action by the council on the impasse shall be final and binding.

Article V Miscellaneous Provisions

2.52.150 Construction.

This chapter shall be administered and construed as follows:

(A) Nothing in this chapter shall be construed to deny to any person, employee, organization, the city, or any authorized officer, body or other representative of the city, the rights, powers and authority granted by applicable law.

(B) This chapter shall be interpreted so as to carry out its purposes as set forth in Article I of this chapter.

(C) Nothing in this chapter shall be construed as making the provisions of the California Labor Code Section 923 applicable to city employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout or other total or partial stoppage or slowdown of work. In consideration of and as a condition of initial and continued employment by the city, employees recognize that any such actions by them are in violation of their conditions of employment except as expressly otherwise provided by legally preemptive state law or contrary local law. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination, and may be permanently replaced, to the extent such actions are not prohibited by preemptive law.

Chapter 2.56 DATES FOR GENERAL MUNICIPAL ELECTIONS

2.56.010 Election date established.

The general municipal election for positions on the council shall be held on the first Tuesday following the first Monday in November in even numbered years, commencing November 1994.

2.56.020 Consolidation of elections.

The city clerk shall petition the county of Napa to consolidate the city general municipal election with the state-wide general election being held on the first Tuesday following the first Monday in November of each even numbered year, commencing November 1994, and to permit the county clerk to conduct the city general municipal election.

2.56.030 Councilmember terms.

(A) Those councilmembers whose terms of office would have, prior to the adoption of this ordinance, expired on the Tuesday succeeding the second Tuesday in April of 1994, shall continue in office until no later than the fourth Tuesday after the general municipal election in November 1994, and until their successors are elected and qualified.

(B) Those councilmembers whose terms of office would have, prior to the adoption of this chapter, expired on the Tuesday succeeding the second Tuesday in April of 1996, shall continue in office until no later than the fourth Tuesday after the general municipal election in November 1996, and until their successors are elected and qualified.

(C) The terms of office for the councilmembers elected in November 1994, and in each subsequent general municipal election, shall be, in accordance with state law, for terms of four years and shall expire no later than the fourth Tuesday after the date of the general municipal election, and until their successors are elected and qualified.

Chapter 2.58 FILING FEE FOR CANDIDATES

2.58.010 Filing fee.

Each candidate for elective office within the city shall pay a filing fee of twenty-five dollars within the time period prescribed by the California Elections Code. The filing fee shall be used to cover the cost to the city of processing candidate nomination papers.

2.58.020 Waiver.

The filing fee established in Section 2.58.010 of this chapter shall be waived for each candidate who submits a petition containing four signatures of registered voters for each dollar of the filing fee, or ten percent of the total registered voters in the city, whichever is less. The petition shall be filed within the time limits prescribed by the California Elections Code.

Chapter 2.60 REDEVELOPMENT AGENCY

2.60.010 Council findings.

The city council of the city declares and finds the following:

(A) Based on current local conditions, a need no longer exists for the American Canyon community development agency established by the council in 1993 pursuant to Ordinance No. 93-15, to operate within the city.

(B) The American Canyon community agency has no outstanding indebtedness, and no other unpaid loans, indebtedness, or advances, and no legally binding contractual obligations with any persons or entities.

2.60.020 Dissolution of American Canyon community redevelopment agency.

The American Canyon redevelopment agency shall be dissolved and deactivated as of the effective date of the ordinance codified in this chapter.

2.60.030 Procedure for reestablishment of American Canyon community redevelopment agency in the future.

(A) The city shall retain the right to reestablish the American Canyon community redevelopment agency pursuant to Health and Safety Code Section 33000 et seq. (the "community redevelopment law") and this chapter, if the need for a redevelopment agency in city arises in the future.

(B) If, in the future, the city council determines that a need exists for a redevelopment agency, the question of whether the American Canyon community redevelopment agency should be reestablished shall be submitted to an advisory vote of the people at a municipal election before any action is taken to reestablish the community redevelopment agency.

Chapter 2.64 CONSTRUCTION BOARD OF APPEALS

2.64.010 Established.

(A) In order to conduct hearings to determine the suitability of alternate materials and methods of installation, and to provide for reasonable interpretations of the building, plumbing, mechanical, electrical, housing and accessibility codes of the city, there is established a construction board of appeals. The board shall consist of five members, and shall be generally representative of the following:

(1) General building of specialized craft contractors licensed by the state of California;

(2) Civil or structural engineers licensed by the state of California;

(3) Architects licensed by the state of California;

(4) A citizen representative of the public at large;

(5) A citizen representative of the physically disabled community.

(B) Members of the board shall be appointed by and serve at the pleasure of the city council. Members shall not be employees of the city. The building official of the city shall serve as the secretary ex officio to the board.

(C) Terms of initial appointment shall be for a term of two years. Each member of the board shall be required to comply with the applicable provisions of the Political Reform Act of 1974, California Government Code Section 81000, et seq. The board shall adopt reasonable rules and regulations, subject to approval and adoption by the city council, for conduction of its business and shall conform to the requirements of the Ralph M. Brown Act, California Government Code Section 54950, et seq., and shall render all decisions and findings in writing with a copy to the appellant.

(D) Each member of the board shall receive as compensation the sum of fifty dollars for each meeting attended. In addition, each member shall receive necessary traveling compensation for expenses incurred in the discharge of his duties.

2.64.020 Appeals procedure.

(A) Any person aggrieved by a decision of the building official shall have the right to appeal the decision. The appeal shall be filed with the building official within thirty business days after the rendering of the decision affecting the aggrieved person. Grounds for the appeal shall be set forth in writing.

(B) The secretary of the board shall set the time and place for a hearing on the appeal, and notice of the hearing shall be posted in a public place. A copy of the notice of hearing shall be mailed to the appellant, at his last known address, at least ten calendar days prior to the date set for the hearing.

(C) The decision of the board on the appeal shall not become final until ten working days after the board has made its determination in order to allow time for an appeal to be made to the city council from the board's decision.

(D) The city council shall set appeal fees to the construction board of appeals and the city council by resolution. There shall be no fee charged for city-initiated appeals.