1993-125-Providing For A Job Description And Compensation Plan For The Town ClerkRESOLUTION 1993 -1.25
RESOLUTION OF THE TOWN OF LOS GATOS
PROVIDING FOR A JOB DESCRIPTION AND
COMPENSATION PLAN FOR THE TOWN CLERK
WHEREAS, the Town Clerk is an Elected Officer and Appointed Employee in
whom government is vested in all California General Law Cities (and Towns) by
Government Code Section 36501,
RESOLVED by the Town Council of the Town of Los Gatos that the duties of the
Town Clerk shall be the statutory and official responsibilities of the Office including those
duties specifically described as follows:
THE TOWN CLERK OF LOS GATOS SHALL:
1. Maintain Custody of Town Records. Retain and manage permanent
Town Record of Ordinances, Resolutions, deeds, bonds, contracts, documents,
correspondence, reports and correspondence pertaining to items discussed
and /or acted upon by the Council and similar records with comprehensive
index and uniform filing system. (Gov. Code 2859, 34090, 34090.5, 40801,
40808, 43903, Town Code Secs. 14.60.030, 14.60.040, 14.60.060, 19.20.030,
24.60.015, 27.20.030, 28.20.160)
2. Maintain a Comprehensive Filing System for Legislative Records and
Prepare Certified Copies of Town documents and records for members of
the Town Council, Town Manager, Town Attorney, Town Staff and the Public
as required or may be deemed appropriate, and perform all duties in
compliance with the Public Records Act. (Gov. Code 6250 et seq., 50022.8,
Town Code Sec. 7.50.040, Sec. 13.20.040)
3. Uphold the Spirit as well as the Letter of the Public Records Act
being mindful of the right of individuals to privacy, but providing access to
information concerning the conduct of the people's business as a fundamental
and necessary right of every constituent. (Gov. Code 6250, 55542)
4. Serve as Clerk of the Council. Post, mail and file final agendas for
official Council Meetings, under direction of the Town Manager; organize
and assemble all materials to be presented to Councilmembers in meeting
packets; notify applicants and interested parties of Council consideration of
their specific items; attend all Council Regular, Special and Adjourned
Meetings, Study Sessions and Staff Meetings preparatory to such meetings;
attend to correspondence, signing documents and agreements, recording of
votes cast and conditions stipulated; Following the Council meeting, direct
the preparation and dissemination of information relative to Council action
to the appropriate parties as is incumbent as a result of action taken at each
EXCERPTS FROM STAFF REPORT
MAYOR AND TOWN COUNCIL
SUBJECT: TRANSFER OF REVENUE COLLECTION FROM THE CLERK TO FINANCE DIRECTOR
2/6/89
DISCUSSION:
The transfer of accounting from the clerk's Office to the Director of Finance in 1983 and the transfer of Tax and License
collection to the Director of Finance in 1989 are part of an ongoing effort to improve the Town's system of checks and
balances for better internal financial control. With these changes the accounts payable system includes separation of
duties (see attached agenda report dated 12/16/88) and revenue and tax collection includes a separation of duties, so
that a single office or individual is not collecting and depositing all revenue (see attached report dated 12/16/88).
Impact of Reorganization on Service Level and the Public
Public Information
The proposed reorganization will provide an increased service level for public information. Two full -time
individuals (the Town Clerk and Deputy Town Clerk) will be available to provide agenda information, research
public documents and facilitate the public's ability to get assistance from the proper department by
thoroughly understanding which departments provide which services. It is also proposed that a general
information telephone line be advertised in the phone book, so that the Clerk's office could serve as the
central clearing house for the public to help decrease the number of individuals a member of the public must
speak to get their questions answered. They could also work closely with the Chamber of Commerce to
have accurate information available on community events to help decrease the number of referrals between
our two offices.
The public counter on the main level of Town Hall would be staffed by the Deputy and the Town Clerk so
that there is assistance available on a continuous basis. In the case of absence or illness of both individuals,
assistance would be provided from the manager's Office.
From the public's view, however, the public counter would still be the point of contact with the Town for
public information and Tax and License collection. Signage can be used to direct the public to the right
individual. The cash register's location, however, will more practically provide that direction to the public
by signaling them to approach the register for payment of bills. The cash register may be relocated to
another location on the public counter, but its' exact location will have no negative impact on the public.
As described in the agenda report dated 12/19/88, the cash register will now be balanced daily, and daily
deposits of monies will be instituted.
CONCLUSION:
The transfer of Tax and license collection, and the emphasis on a public information office for the Town Clerk
will improve public service and create a better system of internal financial control.
25
meeting; maintain a running file on status of all Town Council business in
order that continued matters be placed on succeeding Council Agendas;
receive, index and file all Council correspondence addressed in public
meeting; receive documents addressed to Town Council and the Town; see
to the preparation of the Council Chamber before each meeting; attend to
maintenance of chamber, empty Council binders, file continued items at the
end of each meeting. (Gov. Code 6250 et seq., 36811, 36814, 54954.1 et seq.,
Town Code 29.20.700)
5. Record and Maintain a Full and True Record of All the Proceedings
of the Town Council, and shall be responsible for accurately recording
Council Meetings and for the duplicating and distributing of copies in
accordance with adopted Council Policy, and retaining permanent
leatherbound book of same as the Official Record; each set of minutes to
be duly signed with the Town Seal affixed thereto, and to be included in a
comprehensive general index. (Gov. Code 36814, 40801)
6. Publish Post and Attest to All Official Notices for the Town Council
and keep index of Affidavits of Publication, and Posting. (Gov. Code 8530,
8531, 8532, 8550, 22830, 36933, 50022.3, 55567, 58006, 58008, 58009, 58010,
60064, Town Code 1.10.105, 29.80.250)
7. Act as Filing OfficerZOfficial for Conflict of Interest Code Accepting
Forms from Town Council and designated Staff, for Statements of Economic
Interest and Campaign Statements pursuant to requirements of the Fair
Political Practices Act as they relate to elected officials and designated
employees of the Town. (Town Code Sec. 2.30.605 & 2.30.620, Gov. Code
87500[f], Political Reform Act 81000- 91015, Elections Code, FPPC rules and
regulations)
8. Attest Publish Post Index and File Ordinances; record votes; obtain
signature of Mayor; comply with provisions of State Code in accordance with
specific directives from Town Council; keep bound book marked "Ordinances"
and record in it all Town Ordinances with Clerk's Certificate of passage
annexed to each. Certified copies issued upon request. (Gov. Code 36932,
36933, 40551, 40806, 40807, 50022.3, 50022.6, 50022.8, 60064)
9. Maintain Custody of Town Sea] for use on Town agreements,
contracts, attestations, proclamations, and official acknowledgements to all
Town documents. All certified copies of original documents carry the Town
Seal affixed to them and are admissable in court. (Gov. Code 40811, 40814,
50022.8, 66435.1, Civil Code 1191, Town Code Secs. 2.30.950[2], 24.30.030,
24.30.040, 24.30.060)
10. Act as Custodian of all Vital Records Stored in Town Vault
safekeeping records which are the Legislative History of the Town and which
constitute the basis for the ongoing Historic Preservation Program. (Gov.
Code 34090, 34090.5)
11. Administer and File Oaths of Office Administer Loyalty Oath to
Town Officials, Council appointees and Town Employees as required. (Gov.
Code 36507)
12. Administer Oaths. Affirmations and Acknowledgements and Certify
Affidavits, and depositions pertaining to the affairs and business of the Town,
attesting to the official business of the Town. (Gov. Code 40556, 40814, Civil
Code 1191, Town Code 14.40.015)
13. Serve as Chief Election Officer for the Town in accordance with
provisions of the Elections Code and by order of Council. (Town Code Sec.
2.30.011, Elec. Code 4001 et seq., 5015 et seq., 15004, 22830 et seq., 23556,
27002, 27021, Gov. Code 58130, 58131, 61400)
14. Receive Petitions Relating to Initiative Referendum or Recall
(Elections Code 4001 et seq., 27002 et seq., Gov. Code 58033)
15. Conduct Annexation Proceedings and District Formations per Council
direction, accepting petitions, noticing hearings, and filing obligations of
special elections, followed by certifications sent to LAFCO and the State
Board of Equalization. (Gov. Code 50621, 50622, 54903, 58000 et seq., 61716
et seq. 61773)
16. Countersign General Obligation Bonds officially acknowledging that
the officers so authorized have signed for the Town. (Gov. Code 43623)
17. Accept. Attest to and File Subpoenas for Records and prepare and
certify records and transcripts of proceedings for petitioner. (Gov. Code
1094.6, Town Code 17.10.010)
18. Publish an Annual Summary of Town's Financial Report, in a form
prescribed by the State Controller, not later than 120 days after the close of
the fiscal year. (Gov. Code 40804, 40805, 53891)
19. File Address Change Instrument for Various Purposes,and promptly
circulate address information to government agency list throughout county
and state for emergency preparedness reasons, map making and tax
assessments. (Gov. Code 34092)
20. Perform Duties Concerning Improvement District Proceedings and
Street and Easement Vacations including recording documents with the
County and State. (Gov. Code 5372, 58009, 58108, S &H Code 8325)
21. Receive Claims and Perform Duties Concerned Therewith. (Gov.
Code 915)
22. Give Notice of Public Hearings. Write, post, publish and /or mail
official notices of Council Public Hearings, abandonments, auctions of public
property, leasing of real property, calls for bids on public improvement
projects, etc. (Gov. Code 2850 et seq., 50022.3, 54954.1, 54992, 55566, 55567,
58090, 58092, 65090, 65503, 65856, 85030 et seq, 86082 and others, Town
Code Secs. 1.10.105, 2.30.285[b], 11.20.035, 27.40.015, 27.40.025, 29.20.285,
29.20.580)
23. File Official Bonds, having been approved by Council, in Clerk's
Office. Execute bond with the Town for $50,000. (Gov. Code 36520, Town
Code 2.30.015[b] & [c])
24. Maintain Separate Files for Indexing and Filing All Records Make
available to the public all records allowed by law by the availability of a
comprehensive index system. (Gov. Code 40801, Town Code Secs. 14.60.030,
14.60.040, 14.60.060, 19.20.030, 24.60.015, 27.20.030, 28.20.160)
25. Receive and Present Protests to Council Collect, sign, date, number
and file all protest forms received. (Gov. Code 2852 et seq., 50555 et seq.,
50593, 50601, 50605, 55542 et seq., 58099, 60090, 61721.2)
26. Act as Secretiry to Radevalnnmant A,,P,,,• o,f
when required. All duties which apply to Council apply equally to the Agency
and boards and commissions. (Gov. Code 40812, 60162)
27. Index and Log all Agendas for all Meetings Authorized by Council
posting notices and certifying affidavits of posting regarding agendas for
regular, adjourned and special meetings. (Gov. Code 54954.2 et seq.,
Commissioner Handbook, Town Agenda Guide)
28. Maintain Town Bulletin Board for Posting All Agendas, and Legal
Notices, of committees, boards and commissions authorized by Council, and
noticing at this location all regular, adjourned regular, continued and special
meetings. (Gov. Code 8532, 8550, 22830, 36933, Town Code Sec.2.20.010,
Sec. 11.20.035[b])
29. Deputize All Secretaries to Boards and Commissions Authorized by
Council. (Gov. Code 40813, 60162, Maddy Act, Town Commissioner
Handbook)
30. Prepare Daily Deposit so that a single office or individual is not
collecting and depositing all revenue. (Town Policy 2/6/89, 2/21/89)
31. Review Checks, Bills, Invoices Payrolls Demands and Charges against
Town Government for Payment. (Town Code 2.20.025, Gov. Code 37208)
32. Review and Sign all Checks and Warrants Drawn on the Town
Treasurer. (Town Code Sec. 2.30.025[a] & [b], & 2.50.010[d], Gov. Code
37203, 37208)
33. Certify or Approve Payrolls or Attendance Records of Town Council
and all Council appointed employees. (Town Code Sec. 2.30.020[b])
34. Provide Public Information Services Research public documents,
facilitate public's ability to access proper departments, staff public counter on
main level of Town Hall, maintain telephone number for information in
telephone directory, assist public by answering inquiries made in person or by
phone by service interviews and processing of complaints. Provide copies of
Town's publications to the State Library, Institute of Government Studies and
the Public Affairs Service. (Town Policy 2/6/89,2/21/89, Gov. Code 50022.6,
50110, Town Code Sec. 7.50.010, 7.50.040)
35. Maintain Town Code and Codification System of Ordinances Arrange
for annual supplement of Ordinances adopted, maintain supply for purchase
at reasonable price and for public inspection, and see to the update and
subscription service involving seventy five code books. (Gov. Code 50022.3,
50022.6, Town Code Sec. I & VII, & Sec. 6.100.010)
36. Receive and Open Bids for public works improvement projects called
for by the Town Council, and for lease proposal. (Gov. Code 50507, 50557)
37. Perform duties and Give Notices Required Relative to General Plan
and Zoning Amendments (Gov. Code 65503, 65856 et seq., Town Code Sec.
29.20.580)
38. Have the Option to file with PERS and become a member as an
elective officer. (Gov. Code 20361)
39. Release Subdivision Bonds upon final acceptance of improvements
and authorization to release given by the Town Council.
40. Record, with the County Recorder, final subdivision maps, notices of
completion, notices of intention to abate and such other documents as are
required to be so recorded by State or Town Codes, and all rights titles and
interests in all real properties acquired by the Town. (S &H Code 8325)
41. Register Citizens for Voting.
42. Act as Director of Informational Services of Town Clerk's Office.
Maintain the Division of the Town Clerk's Office as an integral and
supportive department of the Town's municipal government under the
direction of the Town Council and Town Manger. (Town Policy 2/6/89)
43. Maintain Cooperative Relationships with the public, Town officials and
employees and assist department heads in performance of assigned duties that
require technical knowledge supporting municipal team performance and
public service orientation.
44. Draft Town Clerk's Budge for presentation to Town Manager at time
of annual budget preparation.
45. Maintain Appointive List as Required under the MaddyAppointive
List Act. List of boards and commissions are kept up to date and readily
available for distribution so as to follow State Mandate making all boards
and commissions easily assessable for public participation and membership.
This list includes expiration of terms, meeting times, and qualifications of
positions. (Gov. Code 54970 - 54975)
46. Receive and Process Appeals Set Public Hearing by Town Council
Town appeal form must be submitted to the Town Clerk's Office. The
decision of the Council, in written resolution shall be transmitted to the
applicant and appellant by the Clerk's Office. (Gov. Code 1094.6, 2850 et
seq., 3111, 50555 et seq, Town Code Secs. 13.20.890, 14.10.115, 14.40.130,
14.100.075, 15.30.550, 1.8.70.025, 23.10.075, 24.20.075, 25.30.045, 26.10.070,
29.20.275, 29.20.405, 29.20.705)
47. File Affidavits of Mailing, as evidence that notices have been mailed
as required. (Gov. Code 2855, 50600, 50621)
48. Duplicate. Distribute and Offer for Sale Minutes Ordinances
Resolutions Policies and Information from the Town Council to be made
available to the public and boards and commissions. (Gov. Code 6250 et
seq.)
49. File all Original Contracts and Agreements All Town contracts and
agreements to be filed with the Town Clerk including all contract and
agreements regarding safekeeping of Town funds, this includes all contracts
or subsequent agreements for any deposit or investment to be filed for
safekeeping in Town Clerk's Office. (Town Code 2.30.030)
50. Countersign All Contracts on Behalf of the Council (Gov. Code
40556)
51. Issue Permits to Preferential Parking Districts Computerize, notify,
track and work with enforcement regarding the permit parking for residents.
(Town Code 15.40.080, Town Application Form)
52. Appoint Deputies, to hold office at the pleasure of the Clerk and to
receive such compensation as may be provided by the Town Council in the
Manager's Confidential Employees Schedule of Salaries. (Gov. Code 40813,
Town Resolution 7/15/91, 6/15/92, 7/6/93)
53. Perform All Other Statutory Duties of the Town Clerk other than
those transferred to Finance Director, pursuant to State Law, and shall
perform such other municipal functions as may from time to time be
delegated by the Town Council and Town Manager. (Gov. Code 37209,
40805.5, 40812)
54. Attest to Subpoenas Signed by the Maw which may be served as
subpoenas are served in civil action. (Gov. Code 37105)
55. Maintain Working Hours in the Town Clerk's Office situated in Town
Hall and perform additional duties as prescribed by Town Council. (Gov.
Code 36517- opinion #3, 40812, Town Code 2.10.015)
56. Post Council Calendar in Office of the Town Clerk (Town Code
2.20.010)
57. Contract with the Newspaper of General Circulation within the Town
Limits, for the publication of those documents which must have a signed
affidavit of publication. (Gov. Code 8530, 20169, 58006, 58008, 6000 -6061)
58. File Maps. Affidavits of Publication and Posting, Serve Notices Record
Documentation. Relating to Subdivisions and Assessment Districts Weed
Abatement and Open Space Maintenance Districts filing request for Ad
valorem, with State Board of Equalization and request for addition to the Tax
Bills with the County Assessor. (Gov. Code 3110 et seq., Streets and Highways
Code 8325, G.C. 50553 et seq., 50590 et seq., 5370 et seq., 54903, 55540 et
seq., 58000 et seq., 60000 et seq., 66435.1, 66440, Town Code Secs. 11.20.035
& 11.20.040, 24.30.065)
59. Maintain Residencv within the Town of Los Gatos as a Registered
Voter. (Gov. Code 36502)
60. Notice Auctions and Bids. Notice inviting bids shall be published by
the Town Clerk at least ten (10) days before the date of opening of the bids.
Notice shall be published at least once in a newspaper of general circulation,
printed and published in the Town, or if there is none, it shall be posted in
at least three (3) public places in the Town. (Gov. Code 50557, Town Code
2.50.140)
61. Open Sealed Bids and Tabulate Sealed bids shall be submitted to the
Town Clerk and shall be identified as bids on the envelope. Bids shall be
opened in public at the time and place stated in the public notices.
Tabulation of all bids received shall be open for public inspection during
regular business hours. (Gov. Code 50557, Town Code Sec. 2.50.140(6)
62. Receive resolution of compensation at a regular meeting of the Town
Council. The Town Council shall conduct an annual review of the
performance and salary of the Town Clerk. Upon completion, the Council
shall establish by resolution the compensation. (Gov. Code 36517, Town Code
Sec. 2.30.020[a], Sec. 2.30.035)
63. Serve as Member of Management Team. This has allowed in depth
review of Town projects and goals and permitted a more informed review for
answering inquiries and completing minutes. (Manager's invitation)
NOW THEREFORE BE IT FURTHER RESOLVED that the Los Gatos Town
Council recognizes and adopts the official duties of the Los Gatos Town Clerk's Office as
delineated in Government Code, Town Code and Town Policy.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 2nd day of August, 1993 by the following vote:
COUNCIL MEMBERS:
Ayes: Randy Attaway, Steven Blanton, Linda Lubeck, Mayor Joanne Benjamin
Nays: None
Absent: Patrick O'Laughlin
Abstain: None
SIGNED: 4
M OR OF THE TOWNF LOS GATOS
L S GATOS, CALIFORNIA
ATTEST:
4
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
LOS GATOS TOWN CODE
ORDINANCE 1885
SECTION I
ADOPTION OF CODE
There is adopted that certain codification of certain ordinances of the Town of Los Gatos entitled
"Municipal Code of the Town of Los Gatos" published by order of the Town Council by the Municipal Code
Corporation. Three copies of the Town Code are on file in the office of the Town Clerk and are open for
public inspection. The Municipal Code of the Town of Los Gatos and the secondary codes adopted by
reference in the Municipal Code of the Town of Los Gatos are adopted by reference under the provisions
of sections 50022.1 through 50022.10 of the Government Code of the State of California. #35
SECTION Vli
MAINTENANCE AND DISTRIBUTION OF THE CODE
Not less than one copy of the Municipal Code of the Town of Los Gatos, certified by the Town Clerk
shall be kept on file in the Office of the Town Clerk for examination and use by the public. Amendments to
this Municipal Code of the Town of Los Gatos shall be noted, by ordinance number, on the appropriate
pages of the Municipal Code of the Town of Los Gatos, and complete files of amendatory ordinances,
indexed for ready reference, shall be maintained in the Office of the Town Clerk for use and examination by
the public. #35
Chapter 1 GENERAL PROVISIONS
Sec. 1.10.105. Posting public notices.
When required by law to be posted, public notices shall be posted at the Town Hall Bulletin Board,
the Fiesta Way Kiosk and the Main Post Office on Montebello Way as the designated places for posting
public notices for the Town pursuant to Government Code Section 36933(a). #6 #22
Chapter 2 ADMINISTRATION
Sec. 2.10.015. Designation of Town Hall as location of all Town offices.
All Town offices, including those of the Clerk and Treasurer, shall be located at Town Hall, except
as hereinafter provided. From time to time, the Town Council may designate other locations for Town offices.
#55
Sec. 2.20.010. Meetings - -Time.
The Town Council shall hold regular meetings on the first and third Monday of each month at 7:30
p.m.; provided, that when the day fixed for any regular meeting of the Town Council falls upon a day
designated by law as a legal or national holiday, such meeting shall be held at the same hour on the next
succeeding day not a holiday. The Town Council may establish additional regular meetings by adopting a
calendar of scheduled meetings at least thirty (30) days prior to such meetings. Any adopted calendar of
meetings shall be posted in the office of the Town Clerk. #28 #56
Sec. 2.30.011. Candidates filing fee.
(a) Findings. The Town Council hereby finds and determines that processing the nomination papers
of candidates for elected Town office requires significant time of the Town Clerk and staff to receive the
nomination papers when tendered forfiling, evaluate compliance with requirements of the California Elections
Code and verify the signatures and voter registration and eligibility of the candidate and the voters proposing
a candidate. Twenty -five dollars ($25.00) is proportionate to the actual cost to the Town of Los Gatos of
performing these tasks. #13
(b) Fee. Any candidate for the elected offices of the Town of Los Gatos (Town Council Member,
Treasurer and Town Clerk), shall pay [the filing feel to the Town Clerk at the time of filing nomination papers
with the Town Clerk. #13
Sec. 2.30.015. Bonds required of certain officials.
(a) The officials of the Town set out in this section shall, before entering upon the duties of their
respective offices, each execute a bond to the Town, which shall conform to the provisions of the
Government Code of the State relating to bonds of public officials. Each such bond shall be executed by
a surety company authorized to do business in the State and the premiums upon such bonds shall be paid
by the Town out of its general fund.
(b) The penal sum of such bonds shall be as follows:
(1) Town Manager .... $100,000.00
(2) Town Clerk .... 50,000.00
(3) Town Treasurer .... 250,000.00
(c) The Town Council shall approve all bonds of officials of the Town, and when approved the bond
of the Town Clerk shall be filed with the Mayor and bonds of other officials shall be filed with the Town Clerk.
#23
Sec. 2.30.020. Method of payment of compensation of appointive officers and employees.
(a) Resolutions or orders for the payment of compensation for all appointive officers and employees
of the Town shall be adopted or made only at a regular meeting of the Town Council. #62
(b) Department heads shall certify or approve departmental payrolls or attendance records for
employees in their departments. The Town Manager will certify or approve payroll or attendance of the
department heads and Town Clerk. The Town Clerk shall certify or approve payrolls or attendance records
of all Council- appointed employees and the Town Council. #33
Sec. 2.30.025. Delegation of certain duties.
(a) Signing check - warrants. The Town Clerk shall sign all check - warrants drawn on the Town
Treasurer. The Town Treasurer shall countersign all check - warrants drawn on the Treasurer's office. In the
absence of either the Town Clerk or the Town Treasurer, their respective appointed deputies are authorized
to sign check - warrants as prescribed herein. If the Town Treasurer or the Treasurer's appointed deputy does
not sign check - warrants within the prescribed time limits established by Town Council resolution, the Town
Mayor or Vice -Mayor may review and sign check - warrants. #31 #32
(b) Town bank accounts. All Town bank accounts will have any of the following two (2) signatories.
Any two (2) of the following are required to process checks /warrants:
(1) Town Treasurer;
(2) Town Clerk;
(3) Mayor. #32
Sec. 2.30.030. Contracts and agreements to be filed with Town Clerk.
Copies of all contracts and agreements are to be filed with the Town Clerk including all contracts
and agreements regarding the safekeeping of Town money. This shall include all contracts or subsequent
agreements for any deposit or investment. #49
Sec. 2.30.035. Compensation of Clerk and Treasurer.
The Town Council shall conduct an annual review of the performance and salary of the Town Clerk
and Town Treasurer. Upon completion of such evaluation, the Council shall establish by resolution the
compensation for such officers. #62
Sec. 2.30.285. Removal from office -- Procedure generally.
(a) The removal of the Town Manager shall be only by the affirmative vote of four (4) members of
the Town Council (subject to the provisions of the following section). In case of the Town Manager's
intended removal by the Town Council, the Town Manager shall be furnished with a written notice stating
the Town Council's intention to remove the Town Manager and the reasons therefor, at least thirty (30) days
before the effective date of the removal.
(b) Within seven (7) days after the delivery to the Town Manager of such notice, the Town Manager
may, by written notification to the Town Clerk, request a public hearing before the Town Council. Thereafter
the Town Council shall fix a time for the public hearing which shall be held at its usual meeting place, but
before the expiration of the thirty -day period, and at which the Town Manager shall appear and be heard.
#22
Division 4. CONFLICT OF INTEREST
Sec. 2.30.605. Adoption of standardized code.
Government Code section 87300 requires local agencies to adopt a conflict of interest code. The
State Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations section
18730, which contains the terms of a standard conflict of interest code, which local agencies are authorized
to incorporate by reference, and which may be amended by the Fair Political Practices Commission to
conform to amendments and State law after public notice and hearings. Pursuant to that authority, the
terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair
Political Practices Commission are hereby incorporated by reference, together with the other sections in this
article, as the Conflict of Interest Code of the Town of Los Gatos, which is considered the "agency" within
the purview of this Code. #7
Sec. 2.30.620. Filing of statements of economic interest.
Designated employees shall file statements of economic interests with the Town Clerk who shall be
and perform the duties of filing officer for the Town of Los Gatos. Employees, Board and /or Commission
members, who serve in more than one capacity, shall be required to file only one statement of economic
interest, as required by law. #7
Sec. 2.30.950. Personnel- Functions.
The functions of the Personnel Board shall be as follows:
(1) As provided by this division, to hear appeals submitted by any person in the competitive
service relative to any disciplinary action or alleged violation of this division, and to certify
its findings and recommendations as provided in this division.
(2) In any investigation or hearing conducted by the Board, it shall have the power to examine
witnesses under oath and compel their attendance or production of evidence by subpoenas
issued in the name of the Town and attested by the Town Clerk. It shall be the duty of the
Chief of Police to cause all such subpoenas to be served, and refusal of a person to attend
or to testify in answer to such a subpoena shall subject the person to prosecution in the
same manner set forth by law for failure to appear before the Town Council in response to
a subpoena issued by the Town Council. Each member of the Personnel Board shall have
the power to administer oaths to witnesses. #9
Sec. 2.50.010. Office of the Director of Finance established.
(d) The transfer of the financial and accounting duties imposed upon the City Clerk by the
Government Code to the Director of Finance shall not affect the duties of the Clerk to sign check warrants
as set forth in section 2.30.025. #32
Sec. 2.50.140. Formal bidding procedure.
Except as otherwise provided in section 2.50.130, for public projects, purchases of equipment,
materials and services of an estimated value greaterthan four thousand dollars ($4,000.00) shall be by formal
bidding procedure as follows:
(1) Notice inviting bids. Notices inviting bids shall include a general description of the articles
to be purchased, shall state where bid blanks and specifications may be secured, and the
time and place for opening bids. #60
(2) Published notice. Notice inviting bids shall be published by the Town Clerk at least ten (10)
days before the date of opening of the bids. Notice shall be published at least once in a
newspaper of general circulation, printed and published in the Town, or if there is none, it
shall be posted in at least three (3) public places in the Town. #60
(6) Bid- opening procedure. Sealed bids shall be submitted to the Town Clerk and shall be
identified as bids on the envelope. Bids shall be opened in public at the time and place
stated in the public notices. A tabulation of all bids received shall be open for public
inspection during regular business hours for a period of not less than thirty (30) calendar
days after the bid opening. #61
Chapter 6 BUILDINGS AND BUILDING REGULATIONS
Sec. 6.100.010. Building Code Adopted.
The Uniform Code for Building Conservation, including appendices, is hereby adopted for the
regulation of buildings, identified as unreinforced masonry buildings as defined by Government Code section
8875 and listed by the Town as " unreinforced masonry buildings." Such list shall be maintained by the
Building Official who may add or delete buildings based on inspection and /or engineering analysis. This
code shall pertain to altering, renovating and remodeling of buildings and structures, the issuance of permits
therefor and enforcement thereof, which building code is as follows:
All of the provisions of the Uniform Code for Building Conservation of 1985 of the International
Conference of Building Officials, hereinafter termed the "conservation code," and each and all of
the regulations, appendices, provisions, penalties, conditions and terms of such building code (one
(1) copy of which code has been filed for use and examination by the public in the office of the
Town Clerk) are referred to and are adopted and made a part hereof, the same as if fully set forth
in this chapter, and are adopted as sections of this chapter bearing the same numerical sections,
designations, titles as appear in the conservation code except as set forth in section 6.100.015
through and including section 6.100.020 of this article. #35
Chapter 7 CABLE TELEVISION
Sec. 7.50.010. Report requirements.
(9) The reports submitted pursuant to this section shall be available for public inspection in the
office of the Town Clerk during Town business hours. #34
Sec. 7.50.040. Public inspection.
All reports required under this article, except as otherwise herein provided, shall be available for
public inspection in the Town Clerk's office during normal business hours. #2 #34
Chapter 11 GARBAGE, REFUSE AND WEEDS
Sec. 11.20.035. Determination and assessment of costs.
(a) The Town Engineer, or the authorized agent or representative of the Town Engineer, shall keep
an account of the cost of abating such nuisance and embody such account in a report and assessment list
to the Town Council, which shall be filed with the Town Clerk. Such report shall refer to each separate lot
or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed
to be assessed against each separate lot or parcel of land. #28 #58
(b) The Town Clerk shall post a copy of such report and assessment list in three (3) prominent
places in the Town, one (1) of which shall be posted at the Town Hall, together with a notice of the filing
thereof and of the time and place when and where it will be submitted to the Town Council for hearing and
confirmation, notifying property owners that they may appear at such time and place, and object to any
matter contained therein. A like notice shall also be published twice in a newspaper of general circulation
published in the Town. The posting and first publication of such notice shall be made and completed at least
ten (10) days before the time such report is submitted to the Town Council. Such notice, as so posted and
published, shall be substantially in the following form: #22 #28
NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT
NOTICE IS HEREBY GIVEN that on '19 the Town Engineer of the Town
of Los Gatos filed with the Town Clerk of said Town a report and assessment on abatement of
weeds within said Town, one copy of which is posted at the Town Hall.
NOTICE IS FURTHER GIVEN that on , 19 , at the hour of
o'clock p.m., in the Council chambers of said Town, said report and assessment list will be
presented to the Town Council of said Town for consideration and confirmation; and that any and
all persons interested, having any objections to said report and assessment list, or to any matter or
thing contained therein, may appear at said time and place and be heard.
Dated this day of , 19 . #22
Sec. 11.20.040. Collection of costs.
On or before August tenth of the year in which the report is confirmed by the Town Council, the
Town Clerk shall cause a certified copy of such confirmed report to be filed with the County Auditor, in order
that the County Auditor may enter each such assessment on the County tax roll opposite the parcel of land
referred to. Thereafter, such amounts shall be collected at the same time, and in the same manner, as
general Town taxes are collected, and shall be subject to the same penalties and interest, and the same
procedure and sale in case of delinquency as provided by law for Town taxes. All laws and ordinances
applicable to the levy, collection and enforcement of Town taxes are hereby made applicable to such special
assessments. #58
Chapter 13 HEALTH AND SANITATION
Sec. 13.20.040. Guidelines.
Guidelines approved by the Enforcing Officer shall be maintained in the office of the Town Clerk.
Such guidelines, in the areas addressed therein, shall serve as an interpretation of this article. #2
Sec. 13.20.890. Review of orders.
(a) Review. Any responsible party aggrieved by any order issued under this article, specifically
including any order issued pursuant to section 13.20.560(a), may request a hearing before the Town Council
to review such order. A written request for review must be filed with the Town Clerk within ten (l 0) days from
the date of personal service of the order. The request shall include the responsible party's address to which
all notices shall be sent. If a request for review is not received within ten (10) days from the date of service,
the order, including any order issued under section 13.20.560(a) which has been stayed, shall become final
and binding. #46
(e) Statement of issues and positions. Not later than fifteen (15) days prior to the hearing date, the
party who requested the hearing shall submit to the Town Clerk and serve upon the Enforcing Officer a brief
written statement identifying: (1) the requested modification(s) of the order; and (2) a summary of the issues,
facts, and legal authorities to be raised at the hearing. Not less than seven (7) days prior to the hearing, the
Enforcing Officer may submit a brief written statement in response to the Town Clerk and serve it upon the
party requesting review. #46
(g) Decision. Within thirty (30) days after the hearing is concluded, the Hearing Officer shall prepare
a written decision which shall contain findings of fact, a determination of the issues presented and the
disposition of the order on review. Copies of the decision shall be delivered in the manner set forth in section
13.20.885. The decision shall become final and binding on the tenth calendar day following service of the
report, unless the Enforcing Officer or any party timely files with the Town Clerk a request for hearing before
the Town Council. #46
(h) Objections to Hearing Officer's report. The Enforcing Officer or any party aggrieved by the
decision of the Hearing Officer may, within ten (10) days from the date of service of such decision, request
review by the Town Council. Any request for a hearing shall be filed in writing with the Town Clerk and shall
include the address of the person making the request to which all notices shall be sent. The objection shall
specifically state whether the party requests an opportunity to present oral argument to the Town Council
and an estimate of the time necessary to do so. #46
(j) Statement of issues and positions. Not later than fifteen (15) days prior to the hearing date, the
party who requested the hearing shall submit to the Town Clerk and serve upon the Enforcing Officer a brief
written statement identifying: (1) the requested modification(s) of the order and the hearing officer's decision;
and (2) a summary of the issues, facts, and legal authorities to be raised at the hearing. Not less than seven
(7) days prior to the hearing, the Enforcing Officer may submit a brief written statement in response to the
Town Clerk and serve it upon the party requesting review. #46
Chapter 14 BUSINESS
Sec. 14.10.115. Appeals.
Any person aggrieved by any decision of an administrative officer or agency with respect to the
issuance or refusal to issue any license under this chapter may appeal to the Town Council by filing a notice
of appeal with the Town Clerk. The Town Clerk shall thereupon fix a time and place for hearing such appeal.
The Town Clerk shall give notice to such person of the time and place of hearing by serving it personally,
or by depositing it in the mail, postage prepaid, addressed to such person at the last known address. Such
hearing may be continued from time to time by the Town Council upon good cause therefor being shown.
#46
Sec. 14.40.015. Nona pplicability.
The provisions of this article shall not apply to the following:
(5) Any other person who files with the Town Clerk an affidavit setting forth the name and
address of the affiant and which clearly establishes exemption from the provisions of this
article by virtue of the Constitution or Statutes of the United States or of the State. #12
Sec. 14.40.130. Denial
(b) Upon the disapproval of the application, as a result of the findings of the Chief of Police, any
person aggrieved by the action of the Chief of Police, and the denial of the application for a permit or a
license, shall have the right of appeal to the Town Council. Such appeal shall be taken by filing with the
Town Council, within ten (10) days after notice of the action complained of has been mailed to the
applicant's last known address, or to the applicant's address as appearing on the application, a written
statement setting forth fully the grounds of appeal. The Town Council shall set a time and place for a hearing
of such appeal and notice shall be given to the appellant by mail, postage prepaid, to the address, as
aforesaid, at least five (5) days prior to the date set for a hearing. The disposition and order of the Town
Council shall be final and conclusive. #46
Sec. 14.60.030. Compliance.
It shall be unlawful for any private patrol operator or any employee of a private patrol operator, while
engaged in private patrol activities in the Town, to wear a uniform or insignia or use a vehicle except in
compliance with those rules and regulations promulgated by the Chief of Police, a copy of which shall be
filed for use and examination by the public in the office of the Town Clerk. #1 #24
Sec. 14.90.040. Liability provisions.
(a) Liability insurance. Before a permit required in this article is issued, a certificate of insurance will
be required in an amount not exceeding one million dollars ($1,000,000) naming the Town as a coinsured
for protection against claims of third persons for personal injuries, wrongful deaths, and property damage.
The Town officers and employees shall be named as additional insureds. The certificate shall not be subject
to cancellation or modification until after thirty (30) days' written notice to the Town. A copy of the certificate
will remain on file with the Town Clerk. #1 #24
Sec. 14.100.060. Insurance.
(b) Certificate of insurance. A copy of the policy or a certificate of insurance along with all necessary
endorsements must be filed with the Town Clerk no less than twenty (20) days before the date of the event.
The commercial event permit shall not be issued by the Chief of Police until after the insurance policy or
certificate of insurance along with necessary endorsements have been filed by the applicant or sponsor and
approved by the Town Attorney. #1 #24
Sec. 14.100.075. Appeal process.
(a) Normal appeal. Any applicant aggrieved by the denial or conditional approval of a special event
permit may appeal the decision to the Town Council by filing a notice of appeal with the Town Clerk within
ten (10) days of the delivery of the decision. The Town Clerk shall set the date and time for the public
hearing within forty -five (45) days of the filing date and shall give notice to such person of the time and place
of hearing as prescribed by law. #46
Sec. 14.100.075. Appeal process cont.
(b) Expedited appeal for noncommercial special event. If there is insufficient time for a timely appeal
of denial or conditional approval of a noncommercial special events permit to be heard by the Town Council
prior to the date on which a noncommercial special event is scheduled, the applicant may request that the
Town Clerk schedule the appeal before the Town Manager. The Town Manager shall hold hearing no later
than twelve (12) hours prior to the time the event is scheduled to commence and will render a decision as
soon as practicable and in no case later than the time the event is scheduled to commence. The Town
Manager's decision shall be final. #46
Chapter 15 MOTOR VEHICLES
Sec. 15.30.550. Appeals against denial.
Any applicant aggrieved by a determination of the Town Engineer not to issue a permit pursuant to
this division or by the conditions attached thereto in the event such permit is issued, may appeal therefrom
to the Town Council by filing a written notice of appeal with the Town Clerk not later than seven (7) days
after the determination of the Town Engineer. The Town Council shall hold a hearing thereon as soon as its
business will allow, and at the conclusion of the hearing, shall fully decide the matter. #46
Chapter 17 NUISANCES
Sec. 17.10.010. Investigations.
(b) Investigative action. In any action or proceeding to investigate or declare a public nuisance, the
Town Council may exercise its authority pursuant to Government Code section 37104 to issue subpenae
for the production of books, records and documents relevant to the subject matter of such investigation, as
well as subpenae to compel testimony of any person or entity that may have information relevant to the
investigation. The production of books, records and documents in response to such subpenae shall be to
the Town Clerk who shall transmit them to the Town Council and make them available to the Town Attorney.
Subpenae to compel the giving of testimony shall require the subpenaed person or appropriately designated
representative(s) of an entity, to appear and give testimony either before the Town Council or before an
officer appointed by the Town Council, who is authorized to preside over depositions in civil actions. If
testimony is given before such an officer, the officer shall transmit to the Town Council the recorded
testimony, together with all objections to questions and all failure or refusals to fully respond to questions.
Interrogation of persons giving testimony pursuant to a subpena issued hereunder shall be conducted by
the Town Council, by any member(s) of the Town Council authorized by majority vote of the Town Council,
by the Town Attorney, or by an attorney appointed by either the Town Council or the Town Attorney. #17
Chapter 18 OFFENSES AND MISCELLANEOUS PROVISIONS
Sec. 18.70.025. Permit to carry, shoot and discharge.
(i) Any applicant or permittee or parent or guardian of any minor applicant or minor permittee
aggrieved by any such decision of the Chief of Police may file an original and four (4) copies of the written
notice of appeal from such decision with the Town Clerk in the office of the Town Clerk within ten (10) days
from the date of such decision. The notice of appeal shall contain the name and mailing address of the
appellant and shall contain a statement of facts upon which the appellant contends the Chief of Police
abused the Chief's discretion. The Town Clerk shall place the matter of the appeal on the agenda for the
next regular meeting of the Town Council and shall cause endorsed filed copies of the notice of appeal to
be delivered to the appellant, the Chief of Police, Town Manager and Town Attorney. The Town Council shall
at its next meeting set a time and place for hearing such appeal and cause notice thereof to be given to the
appellant, Chief of Police, Town Manager and Town Attorney. Upon hearing the appeal, the Town Council
shall consider the record and such additional evidence as may be offered and may affirm, modify or reverse
the action taken by the Chief of Police. In the event no notice of appeal is filed in the office of the Town Clerk
within ten (10) days after receiving actual or mailed notice of the decision of the Chief of Police, the decision
of the Chief of Police shall be final and conclusive. #46
Chapter 19 PARKS AND RECREATION
Sec. 19.20.030. Records to be kept.
The Secretary of the Park Commission shall keep a record of all proceedings, resolutions, findings,
determinations, and transactions of the Commission, which records shall be a public record, and a copy of
which shall be filed with the Town Clerk. #1 #24
Chapter 23 STREETS AND SIDEWALKS
Sec. 23.10.075. Appeals
Any newspaper publisher or newspaper vendor who contends that any of the provisions of sections
23.10.050 through 23.10.070 impose undue burdens on the display and distribution of the publisher's or
vendor's newspaper may appeal to the Town Manager. The notice of appeal must be written and must state
in detail the reasons why application of sections 23.10.050 through 23.10.070 is unduly burdensome. When
the appeal involves an administering decision made by the Town Manager, the appeal must be filed within
thirty (30) days after the appellant has received written notice of the decision. The Town Manager must
decide the appeal within ten (10) days and notify the appellant in writing of the decision, stating the reasons.
Within ten (10) days after the appellant has received written notice of the decision, the appellant may seek
review by the Council by filing a notice of appeal with the Town Clerk. The decision of the Town Manager
is final unless there is a timely appeal. In the event of review the Town Council may in its discretion
determine the appeal on the record, partly on the record and partly on new evidence, or hear the entire
matter anew. The Town Council's decision is effective when the Council votes to determine the matter. #46
Chapter 24 SUBDIVISION REGULATIONS
Sec. 24.20.075. Appeals.
Any interested person adversely affected by a decision of the advisory agency may file an appeal
with the Town Clerk concerning such decision. Any such appeal shall be filed with the Clerk within ten (10)
days after the action which is the subject of the complaint. Upon the filing of that appeal, the Clerk shall set
the matter for hearing. The Town Council shall hear the appeal within thirty (30) days. The notice, hearing
and decision shall be conducted in the manner provided by Government Code section 66452.5. #46
Sec. 24.30.030. Required certificates.
The following certificates and acknowledgments shall appear on the title sheet of the final map of
a subdivision, properly signed and acknowledged:
(4) The Town Clerk's certificate of approval by the Town Council and acceptance of the offer
of dedication. #9
Sec. 24.30.040. Accompanying information to be provided.
Every final map of a subdivision shall be accompanied by the following data and material which shall
be provided by the subdivider or the subdivider's agent:
b. A certificate of the Town Clerk as to the tax bond shall accompany final maps filed between
the first Monday in March and the third Monday in October. #9
Sec. 24.30.060. Filing with Town Council for approval.
When all the certifications which are required on the final map of a subdivision (except the approval
certificate of the Town Clerk) have been signed, and, where necessary, acknowledged, the final map may
be filed with the Town Council for approval. The Town Council shall accept or reject any or all offers of
dedication of land for public use at the next regular meeting thereof after filing of the final map. #9
Sec. 24.30.065. Recordation.
After approval of a final map of a subdivision by the Town Council it shall be the duty of the Town
Clerk to record the same in the office of the County Recorder of the County. #58
Sec. 24.60.015. Maps of local drainage areas.
The local drainage areas shall contain all territory as shown, and such areas are bounded as is
shown, on the map which is by reference made a part thereof, and each of such areas is fixed as shown
on the map bearing the name and number of such local drainage area. A copy of each of such maps shall
be attached to the original copy of Ordinance No. 939 and be filed in the office of the Clerk of the Council,
and a copy of each of such maps shall be kept on file in the office of the Engineering Department of the
Town. #1 #24
Chapter 25 TAXATION
Sec. 25.30.045. Appeals from decisions of Tax Administrator.
Any operator aggrieved by any decision of the Tax Administrator with respect to the amount of such
tax, interest and penalties, if any, may appeal to the Town Council by filing a notice of appeal with the Town
Clerk within fifteen (15) days of the serving or mailing of the determination of tax due. The Town Council
shall fix a time and place for hearing such appeal, and the Town Clerk shall give notice in writing to such
operator at the operator's last known place of address. The findings of the Town Council shall be final and
conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of
hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. #46
Chapter 26 TREES AND SHRUBS
Sec. 26.10.070. Appeals.
(b) Determinations of the Park Commission under the provisions of this chapter, including
determinations on appeal from decisions of the Director, are appealable to the Town Council. Appeals shall
be commenced by filing a written notice of appeal with the Town Clerk within ten (10) days after the property
owner or possessor of land is notified of the decision. The notice of appeal shall state the name and address
of the appellant, shall describe the determination or decision appealed from, and shall state the grounds for
appeal. #46
Chapter 27 UTILITIES
Sec. 27.20.030. Statement of gross receipts
The grantee shall file with the Town Clerk, within three (3) months after the expiration of the calendar
year, or fractional calendar year, following the date of the granting hereof, and within three (3) months after
the expiration of each calendar year thereafter, a duly verified statement showing in detail the total gross
receipts of such grantee during the preceding calendar year, or such fractional calendar year, from the sale
of electricity within the Town. Such grantee shall pay to the Town within fifteen (15) days after the time for
filing such statement, in lawful money of the United States, the percentage of its gross receipts as specified
in section 27.20.025, for such calendar year or such fractional calendar year, covered by such statement.
Any neglect, omission or refusal by the grantee to file such verified statement, or to pay such percentage
at the time and in the manner specified, shall be grounds for the declaration of a forfeiture of this franchise
and of all rights of the grantee hereunder. #1 #24
Sec. 27.40.015. Designation by ordinance of districts; hearing by Town Council.
(a) The Town Council may, from time to time, call public hearings to ascertain whether the public
necessity, health or safety requires the removal of poles and overhead wires and associated overhead
structures from the public streets, alleys or ways, within designated areas of the Town and the underground
installation of wires and facilities for supplying electric, communication or similar or associated service. The
Town Clerk shall notify all affected property owners and utilities by mail of the time and place of such
hearings at least thirty (30) days prior to the date thereof. #22
Sec. 27.40.025. Notification of affected property owners and utilities.
(a) Within ten (10) days after passage of an ordinance pursuant to this article, the Town Clerk shall
notify all affected utilities and all persons owning real property within the district described in such ordinance
of the adoption thereof. The Town Clerk shall further notify such property owners of the necessity that, if they
or any person occupying such property desire to continue to receive electric, communication or other similar
or associated service, they or such occupant shall provide all necessary facility changes on their premises
so as to receive such service from the lines of the supplying utilities at a new location, subject to applicable
rules, regulations and tariffs of the respective utilities on file with the State Public Utilities Commission and
to the requirements of State laws and Town ordinances. #22
Chapter 28 VEHICLES FOR HIRE
Sec. 28.20.160. Application.
(a) An application for a certificate of public convenience and necessity under this division, together
with a copy thereof, shall be filed with the Chief of Police who shall transmit the original application to the
Town Clerk, who shall present the application at the next regular meeting of the Town Council. #1 #24
Chapter 29 ZONING REGULATIONS
Sec. 29.20.275. Appeals
Any interested person may appeal to the Council from any decision of the Planning Commission.
The appellant must file a written notice of appeal in duplicate with the Clerk not more than ten (10) days after
the decision is rendered. The notice shall state clearly the reasons why the appeal ought to be granted. The
Council shall not hear the appeal if the notice is not filed in time. Once a notice of appeal has been filed,
it may not be withdrawn without the consent of the Council. #46
Sec. 29.20.285. Setting and notice of hearing.
The Clerk shall set the hearing of the appeal and shall give notice of such hearing in the manner
required for the hearing of the matter before the Planning Commission. In addition, the Council may give
notice of the hearing in such other manner as it wishes. #22
Sec. 29.20.405. Applications and notices of appeal.
When an approval or review of any action is sought under the terms of this chapter, a written
application or notice of appeal is required to be filed. All applications and notices of appeal are filed in the
office of the Planning Director, except notices of appeal to the Council which are filed in the office of the
Clerk. #46
Sec. 29.20.580. Council hearing, exceptions.
After receiving the recommendation of the Planning Commission, the Council shall hold a public
hearing unless the amendment would change land from one (1) zone to another, and the Planning
Commission has recommended against the adoption of the amendment. In the latter event, the Council may
take further action concerning the amendment, but is not required to do so unless an interested party files
a written request for hearing with the Town Clerk during the period between the Planning Commission
hearing and the day five (5) days after the Planning Commission files its recommendation with the Council.
#22 #37
Sec. 29.20.700. Planning Director.
The Planning Director:
(2) Keeps all records of Planning Commission, Development Review Committee, Planning
Director and Planning Department work, except records transmitted to the Town Council
and retained by the Town Clerk. #4
Sec. 29.20.705. Town Clerk.
#46 The Town Clerk shall set hearings and give notices for appeals to be heard by the Town Council.
Sec. 29.80.250. Notice of designation by Council.
When a landmark or historic district has been designated by the Council, the Town Clerk shall
promptly notify the owners of the property included therein. #6
TC:D5:TOWN CODE.CLK
TC: D5:A: \GOV- CODE.CLK
GOVERNMENT CODE
915. Presentation to local public entity or to state
(a) A claim, any amendment thereto, or an application to the public entity for leave to present a late claim shall
be presented to a local public entity by:
(1) Delivering it to the clerk, secretary or auditor thereof; or
(2) Mailing it to such clerk, secretary or auditor or to the governing body at its principal office.
by: (b) A claim, any amendment thereto, or an application for leave to file a late claim shall be presented to the state
(1) Delivering it to an office of the State Board of Control; or
(2) Mailing it to the State Board of Control at its principal office.
(c) A claim, amendment or application shall be deemed to have been presented in compliance with this section
even though it is not delivered or mailed as provided in this section if it is actually received by the clerk, secretary,
auditor or board of the local public entity, or is actually received at an office of the State Board of Control, within the
time prescribed for presentation thereof. #21
1094.6. Judicial review; decisions of local agencies; petition; filing; time; record; decision and party
defined; ordinance or resolution
(a) Judicial review of any decision of a local agency, other than school district, as the term local agency is defined
in Section 54951 of the Government Code, or of any commission, board, officer or agent thereof, may be had pursuant
to Section 1094.5 of this code only if the petition for writ of mandate pursuant to such section is filed within the time
limits specified in this section.
(b) Any such petition shall be filed not later than the 90th day following the date on which the decision becomes
final. If there is no provision for reconsideration of the decision in any applicable provision of any statute, charter, or
rule, for the purposes of this section, the decision is final on the date it is made. If there is such provision for
reconsideration, the decision is final for the purposes of this section upon the expiration of the period during which such
reconsideration can be sought; provided, that if reconsideration is sought pursuant to any such provision the decision
is final for the purposes of this section on the date that reconsideration is rejected.
(c) The complete record of the proceedings shall be prepared by the local agency or its commission, board,
officer, or agent which made the decision and shall be delivered to the petitioner within 90 days after he has filed a
written request therefor. The local agency may recover from the petitioner its actual costs for transcribing or otherwise
preparing the record. Such record shall include the transcript of the proceedings, all pleadings, all notices and orders,
any proposed decision by a hearing officer, the final decision, all admitted exhibits, all rejected exhibits in the possession
of the local agency or its commission, board, officer, or agent, all written evidence, and any other papers in the case.
(d) If the petitioner files a request for the record as specified in subdivision (c) within 10 days after the date the
decision becomes final as provided in subdivision (b), the time within which a petition pursuant to Section 1094.5 may
be filed shall be extended to not later than the 30th day following the date on which the record is either personally
delivered or mailed to the petitioner or his attorney of record, if he has one. #17 #46
2850. Time and place of hearing; officers conducting hearing; compensation
The legislative body shall fix a time and place of hearing on the approved report and may order such hearing to
be held by such legislative body or by such other public officers or public board of the city or county governed by such
legislative body as may be designated by it. Such public officers or public board shall serve without additional
compensation. #22 #46
2851. Notice of hearing; mailing
The clerk of the legislative body shall give notice of the hearing by mailing a copy of the notice, postage prepaid,
to all persons owning real property which is proposed to be assessed to pay any part of the cost of the work, whose
names and addresses appear on the last equalized city or county assessment roll, as the case may be, available on
the date the report is commenced, at his address as shown upon
such roll or as known to the clerk. #22
2852. Form of notice
The notice of the hearing on the report shall be substantially in the following form (filling in blanks):
Notice is hereby given that land owned by you or in which you are interested is proposed to be assessed for the
proposed (here briefly state in general terms what is proposed to be done, such as paving X Street between A Street
and B Street). The estimated cost of the
(acquisition or improvement) above mentioned is $ ; the assessed value of the lands within the district is
$ ; the estimated true value of lands within the district is $ ; the estimated total amount of assessments upon
lands to be assessed for acquisitions or improvements done or heretofore ordered is $ ; the estimated amount of
the proposed assessment upon your lands for the proposed (improvement or acquisition) mentioned above is
$ . The estimated amount of the proposed assessment is approximate only, is based upon the estimated cost
above stated, and is not to be deemed the actual amount which will be assessed. The amount of money to be
contributed towards the project by the (City or County of ) is the sum of $
A hearing will be held in the (place of hearing) by (designation of body or officer) on the day of 19_, at
the hour of o'clock m. at which time and place all protests and objections will be heard. The proceeding for
said acquisition or improvement is proposed to be conducted under the (here by short title or otherwise designate act
under which project will be undertaken).
A report on the proposed project is on file in the office of the clerk of the (designate the legislative body)
and is open to public inspection.
Clerk of (name of legislative body) #22 #25
2853. Time of mailing
The notice of the hearing must be mailed at least 30 days prior to the date of the hearing. #22 #25
2854. Unknown owners
If any parcel of land is assessed as owner unknown on the assessment roll, no notice need be sent for such parcel
unless the name and address of a person claiming an interest in such property has been filed with the clerk, in which
case notice shall be mailed to such person and address. #22 #25
2855. Error in mailing notices; affidavit of mailing
In the absence of fraud no error or mistake in the mailing of the notices, or any of them, and no failure of any
property owners to receive the same shall in any way affect the validity of the proceedings, but the clerk shall file his
affidavit of mailing such notice, and such affidavit shall be conclusive evidence that the notices have been mailed as
required by this division. #22 #25 #47
2856. Protest,
At the hearing protests may be made orally or in writing by any person who would be entitled to protest or object
to the ordering of the things proposed to be done at a hearing on the resolution of intention. However, all written
protests shall be filed with the clerk of the legislative body at or before the time fixed for the hearing, and any protest
relating to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity
or defect to which objection is made. #22 #25
2857. Reading or summarizing report at hearing; continuance of hearing
At the hearing on the report, the report, except as to the map, plat or diagram and the assessed valuations and
true valuations of and assessments and estimated assessments upon each parcel of land, shall be read or summarized
before protests are considered. The hearing may be continued from time to time not exceeding, 120 days. #22 #25
2858. Report on hearing; filing; contents
If the hearing on the report is not held before the legislative body, then within 10 days after the conclusion of the
hearing, the persons conducting the hearing shall file a report on the hearing with the legislative body. The report on
the hearing shall include a statement of the time when and place where the hearing was held, the approximate number
of persons present, the number and nature of the protests made, and the recommendation of the persons holding the
hearing. The report on the hearing shall be filed with the clerk of the legislative body. #22 #25
2859. Public inspection of report; resolution or ordinance of intention
Unless the acquisition or improvement is abandoned, the report and the report on the hearing, if the hearing is
not held before the legislative body, shall be kept on file, open to public inspection, and any resolution of intention or
ordinance of intention adopted in the proceeding under the improvement law shall state that such reports are on file
with the clerk and may be examined at his office. #1 #22
3111. Certificate of adoption of boundary resolution; filing map and copies
On the original and on at least one copy of the map of the assessment district, the clerk of the legislative body
shall endorse his certificate evidencing the date and adoption of the resolution or ordinance describing the proposed
boundaries of such district. The clerk shall file the original of such map in his office and, within 15 days after the
adoption of the resolution or ordinance fixing the time and place of the hearing on the formation or extent of such
district and in no event later than 15 days prior to such hearing, shall file a copy thereof with the county recorder of each
county in which all or any part of such proposed assessment district is located upon payment of the filing fee. #46 #58
5372. Recordation of warrant, diagram, and assessment; lien
The warrant, diagram and assessment shall be recorded in the office of the superintendent of streets and in
accordance with Section 5372.1 and may be recorded at any hour of the calendar day. Immediately thereafter the clerk
shall record a notice of assessment, as provided for in Section 3114, whereupon, as provided in Section 3115, said
assessment shall attach as a lien upon the property assessed. #20
6250. Legislative findings and declarations
In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that
access to information concerning the conduct of the people's business is a fundamental and necessary right of every
person in this state. #2 #3 #4 #48
6253. Public records open to inspection; time; guidelines and regulations governing procedure
(a) Public records are open to inspection at all times during the office hours of the state or local agency and every
citizen has a right to inspect any public record, except as hereafter provided. Every agency may adopt regulations
stating the procedures to be followed when making its records available in accordance with this section. #3 #48
6256. Copies of records
Any person may receive a copy of any identifiable public record or copy thereof. Upon request, an exact copy
shall be provided unless impracticable to do so. Computer data shall be provided in a form determined by the agency.
#3 #48
6257. Request for copy; fee
A request for a copy of an identifiable public record or information produced therefrom, or a certified copy of such
record, shall be accompanied by payment of a fee or deposit to the state or local agency, provided such fee shall not
exceed the actual cost of providing the copy, or the prescribed statutory fee, if any, whichever is less. #3 #48
8325. Recordation of resolution; effect (Streets and Highways Code)
(a) The clerk shall cause a certified copy of the resolution of vacation, attested by the clerk under seal, to be
recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the recorder of the
county in which the property is located. No fee shall be charged for recordation.
(b) Upon such recordation, the vacation is complete. #20 #40 #58
8530. Selection of newspaper
Whenever in this division a notice, resolution, order or other matter is required to be published and the manner
of such publication is not specified, it shall be published in a daily, semiweekly, or weekly newspaper published and
circulated in the city conducting the proceedings and which is selected by the legislative body for that purpose, or by
the clerk or other officer issuing the notice or responsible for the publication where the legislative body has not selected
any newspaper for that purpose. #6 #57
8531. Time of publication
Whenever in this division, a notice, resolution, order or other matter is required to be published and the time for
such publication is not specified, it shall be published in two entire issues of the newspaper, one being on one day and
the other issue being on a subsequent day of the same or a subsequent week. #6
8532. Posting in lieu of publication
If there is no newspaper published in the city any notices required to be published under any provision of this
division may in lieu of publication, be given by posting in three public places in the city for at least 10 days. The first
posting shall be made not later than the date specified for the first publication of the notice. #6, #28
8550. Time and place of posting
Whenever in this division a notice, resolution, order or other matter is required to be posted and the time or
method for such posting is not specified, the clerk shall conspicuously post the notice, resolution, order or other matter
on the door of the legislative body's regular meeting place for not less than five days. #6, #28
20361. Elective officers; election to become member; contributions; status; definition of elective officer
An elective officer is excluded from membership in this system unless he files with the board an election in writing
to become a member. He may so elect at any time, and has the option of making contributions to this system in the
amount which he would have contributed had he not been so excluded, plus an amount equal to the interest, to the
date or dates of his payment, which would have been credited to those contributions had he not been so excluded.
Such contributions and interest shall be paid to this system at times, in amounts, and in a manner fixed by the board.
If he affirmatively exercises the option:
(a) He shall receive credit for prior service in the same manner as if he had not been excluded, and
(b) The contributions of the state, or the contracting agency because of his membership, shall be the same as
they would have been had he not been excluded, and
(c) His rate of contributions shall be based on the nearest age at the time he first was excluded.
As used in this pan, "elective officer" includes any officer of the Senate or Assembly who is elected by vote of the
members of either or both of such houses of the Legislature, and any appointive officer of a city or county occupying
a fixed term of office, and any person holding the office of city attorney, as well as officers of the state or contracting
agencies elected by the people.
The amendments to this section at the 1971 Regular Session shall not apply to a member who on the effective
date of such amendments is the incumbent of the office of city attorney in two or more contracting agencies, while he
continues in all of such offices. #38
22830. Publication; contents; posting
Not earlier than the 89th nor later than the 68th day before any municipal election to fill offices, the city clerk shall
publish a notice of the election in the city pursuant to Section 6061 of the Government Code. The notice shall be headed
"Notice of Election," and shall contain a statement of:
(a) The time of the election;
(b) The offices to be filled, specifying full term or short term, as the case may be.
If there is no newspaper of general circulation published and circulated in the city, the notice shall be typewritten
and copies shall be posted conspicuously within the time prescribed in at least three public places in the city. #6, #13
#28
22842. Issuance and distribution of forms
All forms required for nomination and election to all municipal offices shall be furnished only by the city clerk
during regular business hours. At the time of issuance of those forms the city clerk shall type in the forms the name of
the candidate and the office for which he is a candidate, shall imprint a stamp which reads "Official Filing Form," and
shall affix his signature. At the time nomination papers are issued to a candidate the city clerk shall imprint the date.
The forms shall be distributed without charge to all candidates applying for them. #13
34090. Destruction of city records; excepted records; construction
Unless other wise provided by law, with the approval of the legislative body by resolution and the written consent
of the city attorney the head of a city department may destroy any city record, document, instrument, book or paper,
under his charge, without making a copy thereof, after the same is no longer required.
This section does not authorize the destruction of:
(a) Records affecting the title to real property or liens thereon.
(b) Court records.
(c) Records required to be kept by statute.
(d) Records less than two years old.
(e) The minutes, ordinances, or resolutions of the legislative body or of a city board or commission.
This section shall not be construed as limiting or qualifying in any manner the authority provided in Section
34090.5 for the destruction of records, documents, instruments, books and papers in accordance with the procedure
therein prescribed. #1 #10
Tape recordings of council meetings
Where the city clerk makes an authorized tape recording of a city council meeting to facilitate the preparation of
the minutes:
(a) any person has a right to inspect the tape which includes the right to listen to the tape on equipment provided
by the city
(b) any person has a right to receive a copy of the tape which includes the right to buy a duplicate copy from the
city or to make a duplicate copy on his own equipment but does not include the right to have a written transcript made
(c) the tape recording may be destroyed at any time if the purpose for which it was made and retained was solely
to facilitate the preparation of the minutes of the meeting but if the tape was made or retained to also preserve its
informational content for public reference it may only be destroyed as expressly authorized by state law. 64
Ops.Atty.Gen. 317, 4- 17 -81. #1 #10
34090.5. Destruction of records; conditions
Notwithstanding the provisions of Section 34090, the city officer having custody of public records, documents,
instruments, books, and papers, may, without the approval of the legislative body or the written consent of the city
attorney, cause to be destroyed any or all of such records, documents, instruments, books, and papers, if all of the
following conditions are complied with:
(a) The record, paper, or document is photographed, microphotographed, or reproduced on film of a type
approved for permanent photographic records by the National Bureau of Standards.
(b) The device used to reproduce such record, paper, or document on film is one which accurately and legibly
reproduces the original thereof in all details.
(c) The photographs, microphotographs, or other reproductions on film are made as accessible for public
reference as the book records were.
(d) A true copy of archival quality of such film reproductions shall be kept in a safe and separate place for security
purposes.
Provided, however, that no page of any record, paper, or document shall be destroyed if any such page cannot
be reproduced on film with full legibility. Every such unreproducible page shall be permanently preserved in a manner
that will afford easy reference. #1 #10
34092. Adoption or change of name or number of street or place; duty of city clerk
Whenever the name of any street, boulevard, park, or place is adopted, established or changed, or any house
numbers have been changed on any street, boulevard, park or place, by any city or other authority, the city clerk shall
promptly forward a copy of the resolution, order, or other instrument providing for such new name or change of name
or house number to the board of supervisors of the county within which such city is situated. #19
36501. Governing officers and employees
The government of a general law city is vested in:
(a) A city council of five members.
(b) A city clerk.
(c) A city treasurer.
(d) A chief of police.
(e) A fire chief.
(f) Such subordinate officers or employees as are provided for by law. (Introduction)
36502. Councilman, clerk or treasurer; qualifications; vacancy upon nonresidence
A person is not eligible to hold office as councilman, city clerk, or city treasurer unless he is at the time of
assuming such office an elector of the city, and was a registered voter of the city at the time nomination papers are
issued to the candidate as provided for in Section 22842 of the Elections Code. If, during his term of office, he moves
his place of residence outside of the city limits or ceases to be an elector of the city, his office shall immediately
become vacant. #59
36507. Oath
Before entering upon his duties, each city officer shall take and file with the city clerk the constitutional oath of
office, except that the councilmen elected at the incorporation election shall deposit said oath with the county clerk of
the county wherein the city is located, to be held by him for delivery to the city clerk at such time as the city clerk
officially assumes office. #11
36517. Clerk and treasurer, compensation
The city clerk and the city treasurer shall receive, at stated times, a compensation fixed by ordinance or resolution.
#55 #62
3. Council authority
Although there is no express authority permitting a city council to regulate the working hours and the place of work
of a city clerk, Gov. Code 6702, 40812 and this section implicitly recognized existence of such authority in city council.
43 Ops.Atty.Gen. 119, 3- 19 -64. #55
36520. Bonds; approval; filing
The city council shall approve all bonds. When approved, the clerk's bond shall be filed with the mayor, and other
bonds shall be filed with the city clerk. #23
36811. Meetings; adjournment for absence of all members
If all councilmen are absent from any regular meeting, the city clerk shall declare the meeting adjourned to a stated
day and hour. He shall cause a written notice of the adjournment to be delivered personally to each councilman at least
three hours before the adjourned meeting. #4
36814. Journal of proceedings
The council shall cause the clerk to keep a correct record of its proceedings. At the request of a member, the city
clerk shall enter the ayes and noes in the journal. #4 #5
ORDINANCES AND RESOLUTIONS
36932. Signature and attestation
Ordinances shall be signed by the mayor and attested by the city clerk. #8
36933. Publication
(a) Within 15 days after its passage, the city clerk shall cause each ordinance to be published at least once, with
the names of those city council members voting for and against the ordinance, in a newspaper of general circulation
published and circulated in the city, or if there is none, he shall cause it to be posted in at least three public places in
the city or published in a newspaper of general circulation printed and published in the county and circulated in the city.
In cities incorporated less than one year, the city council may determine whether ordinances are to be published or
posted. Ordinances shall not be published in a newspaper if the charge exceeds the customary rate charged by the
newspaper for publication of private legal notices, but such ordinances shall be posted in the manner and at the time
required by this section.
(b) Except as provided in Section 36937, an ordinance shall not take effect or be valid unless it is published or
posted in substantially the manner and at the time required by this section.
(c) The publication or posting of ordinances, as required by subdivision (a), may be satisfied by either of the
following actions:
36933. Publication Cont.
(1) The city council may publish a summary of a proposed ordinance or proposed amendment to an existing
ordinance. Such summary shall be prepared by an official designated by the city council. A summary shall be published
and a certified copy of the full text of the proposed ordinance or proposed amendment shall be posted in the office of
the city clerk at least five days prior to the city council meeting at which the proposed ordinance or amendment or
alteration thereto is to be adopted. Within 15 days after adoption of the ordinance or amendment, the city council shall
publish a summary of the ordinance or amendment with the names of those city council members voting for and against
the ordinance or amendment and the city clerk shall post in the office of the city clerk a certified copy of the full text
of such adopted ordinance or amendment along with the names of those city council members voting for and against
the ordinance or amendment; or (2) If the city official designated by the city council determines that it is not feasible
to prepare a fair and adequate summary of the proposed or adopted ordinance or amendment, and if the city council
so orders, a display advertisement of at least one - quarter of a page in a newspaper of general circulation in the city shall
be published at least five days prior to the city council meeting at which the proposed ordinance or amendment or
alteration thereto is to be adopted. Within 15 days after adoption of the ordinance or amendment, a display
advertisement of at least one - quarter of a page shall be published. The advertisement shall indicate the general nature
of, and provide information about, the proposed or adopted ordinance or amendment, including information sufficient
to enable the public to obtain copies of the complete text of such ordinance or amendment, and the names of those
city council members voting for and against the ordinance or amendment. #6, #8 #28
37105. Subpoenas; signature; attestation; service
Subpoenas shall be signed by the mayor and attested by the city clerk. They may be served as subpoenas are
served in civil actions. #54
37203. Demands; warrants for payment; signature
Upon allowing a demand or approving a register of audited demands, the mayor shall draw a warrant or warrants
upon the city treasurer specifying the purpose for which drawn and the fund from which payment is to be made. The
city clerk shall countersign the warrant. The legislative body, by ordinance or resolution, may prescribe an alternative
method of drawing warrants and checks. #32
37208. Payroll warrants or checks; warrants or checks in payment of budgeted demands; audit; ratification and
approval
(a) Payroll warrants or checks need not be audited by the legislative body prior to payment. Payrolls shall be
presented to the legislative body for ratification and approval at the first meeting after delivery of the payroll warrants
or checks.
(b) Warrants or checks drawn in payment of demands certified or approved by the city clerk as conforming to a
budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior
to payment.
(c) Notwithstanding subdivisions (a) and (b), budgeted payrolls and demands paid by warrants or checks may
be presented to the legislative body for ratification and approval in the form of an audited comprehensive annual
financial report. #31 #32
37209. Transfer of city clerk's duties to director of finance; ordinance
The duties imposed upon the city clerk by this article may be transferred to a director of finance when such office
has been established and the powers and duties thereof defined by ordinance. Such an ordinance shall require the
execution by the director of finance of the bond required of the city clerk by Section 36518 of this Code. #53
40551. Signing of ordinances; attestation
All ordinances shall be signed by the president and attested by the clerk. #8
40556. Duties of clerk
The clerk shall:
(a) Countersign all contracts on behalf of the authority. #12 #50
40801. Record of proceeding; books; index
The city clerk shall keep an accurate record of the proceeding of the legislative body and the board of equalization
in books bearing appropriate titles and devoted exclusively to such purposes, respectively. The books shall have a
comprehensive general index. #1 #5 #24
40804. Publication of summary of city's financial report
The city clerk shall cause a summary of the city's financial report required by Section 53891, in a form prescribed
by the State Controller, to be published once in a newspaper of general circulation, pursuant to Article 1 (commencing
with Section 6000), Chapter 1, Division 7, Title 1 of the Government Code. If there is no such newspaper, he shall cause
copies of the statement to be posted in three public places in the city designated by ordinance as the places for posting
of public notices. #18
40805. Time for publication or posting financial report
The report shall be published or posted not later than 120 days after the close of the fiscal year for which the
report is compiled. #18
40805.5. Transfer of accounting and financial duties of city clerk to director of finance
The financial and accounting duties imposed upon the city clerk by Sections 40802 through 40805 may be
transferred to a director of finance when such office has been established and the powers and duties thereof defined
by ordinance. #53
40806. Ordinance book; certificate
The city clerk shall keep a book marked "ordinances" and record in it all city ordinances with his certificate
annexed to each, stating:
(a) It is a true and correct copy of a city ordinance.
(b) The ordinance number.
(c) It has been published or posted pursuant to law. #8
40807. Record of ordinance; evidence
The record with the certificate is prima facie evidence of the contents of each ordinance and of its passage and
publication. It is admissible as such evidence in any court or proceedings. #8
40808. City records; use in court; custody
The official city records in the custody of the city clerk shall not be filed in any court proceeding or other action
but shall be returned to the custody of the city clerk. #1
40811. City seal; custodian
The city clerk is the custodian of the city seal. #9
40812. Additional duties (clerk)
He shall perform such additional duties as are prescribed by ordinance. #26 #53 #55
40813. Deputies
The city clerk may appoint deputies, for whose acts he and his bondsmen are responsible. The deputies shall hold
office at the pleasure of the city clerk and receive such compensation as is provided by the legislative body. #29 #52
40814. Oaths; affidavits; depositions; certifications; acknowledgments
The city clerk and his deputies may administer oaths or affirmations and take and certify affidavits and depositions
pertaining to city affairs and business which may be used in any court or proceedings in the state. The acknowledgment
of an instrument may be made before a city clerk and his deputies within the city in which they were elected or
appointed. #9 #12
1191. Civil Code: Certificate of acknowledgment; public corporation, agency or political subdivision
The certificate of acknowledgment of an instrument by a public corporation, agency or political subdivision of the
State of California, shall be substantially in the following form:
State of California
County of
On
}
} ss.
}
before me,
personany known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their
authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
#9 #12
(This area for official city seal)
43623. Signature and countersignature
The bonds shall be signed by the mayor, or such other officer as the legislative body authorizes by resolution
adopted by a two- thirds vote of all its members, and the city treasurer. They shall be countersigned by the clerk or a
deputy clerk. #16
43903. Destruction; objections
At the time and place stated in the notice, the legislative body shall publicly destroy the bonds unless at least three
days before the designated time, written objections to the destruction are filed with the city clerk, signed by a majority
of the city voters as shown by the vote cast at the last preceding general municipal election. #1
TOWN CODE
50022.3. Code; adoption by reference; notice of hearing; publication or posting
After the first reading of the title of the adopting ordinance and of the title of the code to be adopted thereby, and
of the title of the secondary codes therein adopted by reference, the legislative body shall schedule a public hearing
thereon. Notice of the hearing shall be published pursuant to Section 6066 in a newspaper of general circulation in or
nearest to the adopting local agency. If there is no such newspaper in the county the notice shall be posted in the same
manner as provided for the posting of a proposed ordinance. The notice shall state the time and place of the hearing.
It shall also state that copies of the primary code and also copies of the secondary codes, if any, being considered for
adoption, are on file with the clerk of the legislative body, and are open to public inspection. The notice shall also
contain a description which the legislative body deems sufficient to give notice to interested persons of the purpose of
the ordinance and the subject matter thereof. #6 #8 #22 #35
50022.6. Code; adoption by reference; filing copies; inspection; supply and sale of copies
At least one copy of each primary code adopted by reference, and of each secondary code pertaining thereto,
all certified to be true copies by the clerk of the legislative body, shall be filed in the office of the clerk of the legislative
body at least 15 days preceding the hearing, and shall be kept there for public inspection while the ordinance is in force.
However, after the adoption of the code by reference, one copy of the primary code and of each secondary code may
be kept in the office of the chief enforcement officer instead of in the office of the clerk of the legislative body. Following
the adoption of any code, the clerk of the legislative body shall at all times maintain a reasonable supply of copies of
the primary code and of any secondary codes incorporated in it by reference, available for purchase by the public at
a moderate price, not to exceed the actual cost thereof to the adopting local agency. #8 #34 #35
50022.8. Code adopted by reference; copies as evidence
Copies of such codes in published form, duly certified by the clerk of the legislative body, shall be received without
further proof as prima facie evidence of the provisions of such codes or public records in all courts and administrative
tribunals of this State. #2 #8 #9
50110. Publications; copies for state library and university; preservation
The legislative body, and each office, officer, or employee of a local agency shall furnish the clerk three copies
of each printed, mimeographed, or processed book, pamphlet, report, bulletin, or other publication issued by them at
the expense of the local agency. The clerk shall send one copy of each publication to the State Library at Sacramento,
the Institute of Governmental Studies of the University of California at Berkeley, and the Public Affairs Service of the
University of California at Los Angeles, to be preserved for reference use in those institutions. #34
50507. Resolution ordering lease; fixing time for bids, amount of bond; notice
In the resolution ordering the lease the legislative body shall fix a time for receiving bids for the leasing of the
property and the amount of the bond required and shall direct its clerk to give notice inviting sealed bids. #36
ASSESSMENTS
50553. Publication
The clerk of the legislative body shall cause the resolution of intention to be published once a week for two
successive weeks in a daily, semiweekly or weekly newspaper of general circulation in the local agency. #58
50555. Protests; waiver
At any time not later than the time set for hearing objections, any owner of property assessed or being assessed
to pay for the acquisition, construction or installation of the improvement proposed to be sold may make and deliver
to the clerk of the legislative body a written protest against the proposed sale. Failure to object in writing at that time
constitutes a waiver of all objections to the proposed sale and a bar to any subsequent attack on the validity of such
sale. #25 #58
50557. Resolution for sale; bids
If the legislative body determines to proceed, it shall adopt a resolution ordering the sale of such improvement
and calling for bids. The resolution shall fix the time for receiving bids, the terms and conditions of the sale, and shall
direct the clerk to give notice inviting sealed bids. #36 #60 #61
OPEN SPACE DISTRICTS
50590. Initiation; petition
Proceedings for the formation of an open space maintenance district may be initiated by petition signed by the
owners of assessable land in the proposed district, as shown by the last equalized assessment roll of the county, owning
lands of an assessed value of not less than twenty -five percent (25 %) of the total assessed value of all assessable land
in the district, as shown by the last equalized county assessment roll. The petition shall contain a general description
of the exterior boundaries of the proposed district, a general description of the open spaces to be maintained, a general
description of the maintenance to be done on the open spaces, and a statement that the petition is filed pursuant to
this chapter. The petition shall be filed with the clerk, who shall check or cause it to be checked. If it is signed by the
requisite number of qualified signers, the clerk shall make his certificate to that effect and shall present the petition and
certificate to the legislative body. #58
10
50591. Preliminary report; content, filing, reference and transmittal
Before the legislative body adopts an ordinance of intention to form the district, the superintendent of streets or
other officer, board or commission of the local agency designated by the legislative body shall make and file with the
clerk a preliminary report which shall contain the following information:
(a) A general description of the open areas proposed to be maintained, all of which must lie wholly within the
boundaries of the district;
(b) A general description of the proposed maintenance;
(c) An estimate of the annual costs and expenses of maintenance of the open areas which benefit property within
the proposed district;
(d) A diagram or map showing:
(1) The boundaries of the district proposed to be assessed and the public streets, alleys, ways or other public
places situated therein;
(ii) Each parcel of land benefited by the maintenance, giving each a separate number or designation upon the
diagram. The said diagram, as approved by the legislative body, shall govern for all details as to the lands determined
to be benefited by the maintenance and to thereafter be assessed.
The preliminary report, prior to its filing with the clerk, shall be referred to the planning commission, if any, for its
recommendation upon the formation of such district. The recommendation of the planning commission shall be
transmitted to the clerk along with the preliminary report. #58
50592. Report; consideration, action, availability for inspection
After the filing of the report, the clerk shall present it to the legislative body for consideration. The legislative body
may approve, amend, alter, modify or correct the report or may direct changes to be made therein. When the report
has been approved by the legislative body, it may fix a time and place for hearing objections to the proposed formation
of the district or to the report and may adopt an ordinance declaring its intention to form the district. The report shall
thereafter be open to inspection in the office of the clerk until the public hearing. #58
50593. Ordinance of intention; hearing
If the legislative body determines that the public interest and convenience require the formation of a district, it may
adopt an ordinance declaring its intention to form a district pursuant to the provisions of this chapter. The ordinance
of intention, in addition to making the foregoing determination, shall also contain:
(a) A general description of the exterior boundaries of the proposed district, as specified in Section
(b) A general description of the maintenance proposed to be done and the open areas to be maintained or
conserved thereby.
(c) A statement that an annual assessment may be levied to pay the costs and expenses of the maintenance on
the open areas.
(d) A statement of the annual assessment limit on each one hundred dollars ($100) of assessed valuation of
taxable land and improvements within the district and that amounts so assessed shall be billed for and collected as a
part of the regular tax bills.
(e) The day, hour and place for the hearing by the legislative body of protests and objections to the formation of
the proposed district or to the proposed maintenance, and a statement that any owner of property liable to be assessed
for the maintenance may make written protest against the proposed maintenance or against the formation of the
proposed district or both by filing a written protest with the clerk at any time not later than the hour so fixed for the
hearing. The time for the hearing shall not be less than 15 or more than 60 days from the date of the adoption by the
legislative body of the ordinance. #25 #58
50598. Mailing copies of ordinance of intention
A copy of the ordinance shall be mailed at least 10 days before the date of hearing protests or objections, postage
prepaid, by the clerk to each person to whom land in the district is assessed as shown upon the last equalized county
assessment roll and to each person having a lien upon, or legal or equitable interest in, any land within the district,
whose name and address and a designation of the land in which he is interested, are on file in the office of the clerk.
#58
50600. Proof of compliance with notice requirements
Certificates or affidavits shall be filed with the clerk setting forth the time and manner of compliance with the
requirements of Sections 50597, 50598, and 50599. #47 #58
11
50601. Protests; making, filing and withdrawal
At any time prior to the time set for hearing protests in relation to the proposed formation of the district, any owner
of property liable to be assessed for the maintenance may make and file with the clerk a written protest stating his
objection thereto. The protest shall contain a description of the property in which the protestant is interested, sufficient
to identify the property, and shall be delivered to the clerk. No other protest shall be considered. The clerk shall endorse
on every such protest the date of its receipt by him and shall at the time appointed for the hearing present all protests
to the legislative body. Any protest may be withdrawn by the person making it, in writing, at any time prior to the
conclusion of the hearing or any adjournment thereof. #25 #58
50603. Changes in proposal; notice
At the hearing the legislative body may order changes in the proposed maintenance or the proposed boundaries
of the district by the elimination of any portion thereof which will not in its opinion be benefited by the work proposed
to be done.
If the legislative body proposes a change in the boundaries to include additional land in the district, the legislative
body shall adopt a resolution briefly describing the change proposed to be made and giving notice of the time and
place when and where any interested person may object to such change. The clerk shall mail a copy of a notice of
intention to do so to each person described in Section 50598 included in the area proposed to be added, within the time
and in the manner set forth in Section 50598. The notice shall describe the proposed change and specify the time for
hearing objections. The notice shall also be published in the time and manner provided for in Section 50597. #58
50605. Determination; finality; record; jurisdiction to proceed; change of boundaries
Except in the case of a majority protest, the legislative body may sustain or deny any or all objections or protests
and its determination is final. The determination shall be entered upon the minutes. If the protests are denied or if no
protests are filed, the legislative body shall immediately acquire jurisdiction to form the district and to order the
maintenance, as proposed or as changed, to be done and to proceed further in accordance with the provisions of this
chapter. In the event there is a majority protest against a change of boundaries to include additional land, as provided
for in Section 50603, no such change shall be ordered by the legislative body. #25 #58
50621. Mailing notice of hearing; proof of mailing
The legislative body shall direct the clerk to give notice of the time, place and purpose of the hearing, by mailing
written notice to each property owner within the boundaries of the territory sought to be annexed whose name and
address appears on the last equalized assessment roll. The Clerk shall file, upon the completion of the mailing, an
affidavit setting forth the time and manner of the compliance with this section. The notice shall be mailed at least 10 days
prior to the date set for hearing. #15 #47 #58
50622. Publication of notice; proof of publication
The legislative body shall also direct the clerk to publish a notice as provided in Section 6061 and at least 15 days
before the date set for hearing. The notice shall state the time and place of the hearing and shall contain a description
of the territory proposed to be annexed, or, in lieu of such description, the boundaries of the territory proposed to be
annexed may be shown by means of a diagram. An affidavit of publication shall be filed with the clerk. #15 #58
53891. Time; form; uniform procedures
The officer of each local agency who has charge of the financial records shall furnish to the Controller a report
of all the financial transactions of the local agency during the next preceding fiscal year. The report shall be furnished
within 90 days after the close of each fiscal year and shall be in the form required by the Controller; provided, however,
that in the case of local agencies filing annual financial materials with the California Health Facilities Commission or any
successor thereto pursuant to Section 441.18 of the Health and Safety Code, the audited report shah be furnished within
120 days after the close of each fiscal year.
The Controller shall prescribe uniform accounting and reporting procedures which shall be applicable to all local
agencies except cities, counties, and school districts, and except for local agencies which substantially follow a system
of accounting prescribed by the Public Utilities Commission of the State of California or the Federal Power Commission.
The procedures shall be adopted under the provisions of Chapter 4.5 (commencing with Section 11371) of Part 1,
Division 3, Title 2 of this code and shall be published in the California Administrative Code. The Controller shall prescribe
such procedures only after consultation with and approval of a local governmental advisory committee established
pursuant to Section 12463.1 of this code. Approval of such procedures shall be by majority vote of the members present
at a meeting of the committee called by the chairman thereof. #18
12
54903. Necessity of filing statement and map
The creation of any city, district or zone thereof or the change in its boundaries is not effective for assessment
or taxation purposes nor shall the tax or the special assessment levy of a district previously levying and collecting taxes
or special assessments based on its own assessment be carried on a city or county assessment roll unless the
statement and map or plat is filed pursuant to this chapter. #15 #58
MEETINGS
54954.1. Mailed notice to property owners; time; requests for notice and renewal; annual charge for sending
notice
The legislative body of any district which is subject to the provisions of this chapter shall give mailed notice of
every regular meeting, and any special meeting which is called at least one week prior to the date set for the meeting,
to any owner of property located within the district who has filed a written request for such notice with the legislative
body. Any mailed notice required pursuant to this section shall be mailed at least one week prior to the date set for the
meeting to which it applies except that the legislative body may give such notice as it deems practical of special
meetings called less than seven days prior to the date set for the meeting.
Any request for notice filed pursuant to this section shall be valid for one year from the date on which it is filed
unless a renewal request is filed. Renewal requests for notice shall be filed within 90 days after January 1 of each year.
Any request for notice, or renewal request, filed pursuant to this section shall contain a description of the property
owned by the person filing the request. Such description may be in general terms but shall be sufficient enough to
readily identify such property.
The legislative body may establish a reasonable annual charge for sending such notice based on the estimated
cost of providing such a service. #4 #22
54954.2. Agenda; posting, action on other matters
(a) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post
an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting.
The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely
accessible to members of the public. No action shall be taken on any item not appearing on the posted agenda. #4
#27
54955. Adjournment; adjourned meetings
The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned special
meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to
time. If all members are absent from any regular or adjourned regular meeting the clerk or secretary of the legislative
body may declare the meeting adjourned to a stated time and place and he shall cause a written notice of the
adjournment to be given in the same manner as provided in Section 54956 for special meetings, unless such notice is
waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted
on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held
within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided
in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of
adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the
hour specified for regular meetings by ordinance, resolution, by law, or other rule. #27
54955.1. Continuance
Any hearing being held, or noticed or ordered to be held, by a legislative body of a local agency at any meeting
may by order or notice of continuance be continued or recontinued to any subsequent meeting of the legislative body
in the same manner and to the same extent set forth in Section 54955 for the adjournment of meetings; provided,.that
if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy
of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order
or declaration of continuance was adopted or made. #27
13
54956. Special meetings; call; notice
A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or
by a majority of the members of the legislative body, by delivering personally or by mail written notice to each member
of the legislative body and to each local newspaper of general circulation, radio or television station requesting notice
in writing. Such notice shall be delivered personally or by mail and shall be received at least 24 hours before the time
of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting
and the business to be transacted. No other business shall be considered at such meetings by the legislative body. Such
written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the
clerk or secretary of the legislative body a written waiver of notice. Such waiver may be given by telegram. Such written
notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes.
Notice shall be required pursuant to this section regardless of whether any action is taken at the special meeting. #27
54956. 5. Emergency meetings in emergency situations
In the case of an emergency situation involving matters upon which prompt action is necessary due to the
disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without
complying with the 24 -hour notice requirement of Section 54956.
For purposes of this section, "emergency situation" means any of the following:
(a) Work stoppage or other activity which severely impairs public health, safety, or both, as determined by a
majority of the members of the legislative body.
(b) Crippling disaster which severely impairs public health, safety, or both, as determined by a majority of the
members of the legislative body.
However, each local newspaper of general circulation and radio or television station which has requested notice
of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or
designee thereof, one hour prior to the emergency meeting by telephone and shall exhaust all telephone numbers
provided in the most recent request of such newspaper or station for notification of special meetings. In the event that
telephone services are not functioning the notice requirements of this section shall be deemed waived, and the legislative
body, or designee thereof, shall notify such newspapers, radio stations, or television stations of the fact of the holding
of the special meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as
possible.
Notwithstanding the provisions of Section 54957, the legislative body shall not meet in closed session during a
meeting called pursuant to this section.
All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant
to this section, with the exception of the 24 -hour notice requirement.
The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the
legislative body, or designee thereof, notified or attempted to notify, a copy of the rolicall vote, and any actions taken
at such meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible. #27
MADDY ACT (Gov. Code 54970- 54975)
54970. Legislative findings and declaration
(a) The Legislature finds and declares that a vast and largely untapped reservoir of talent exists among the
citizenry of the State of California, and that rich and varied segments of this great human resource are, all too frequently,
not aware of the many opportunities which exist to participate in and serve on local regulatory and advisory boards,
commissions, and committees.
(b) The Legislature further finds and declares that the general public of this state has traditionally been denied
access to information regarding vacancies which occur on such boards, commissions, and committees, thereby denying
most citizens and interest groups the opportunity to nominate for consideration by the respective appointive powers
persons whose particular strengths, backgrounds, experience, perspective, and talents might contribute significantly
to efficient and representative policy development and administration in local government.
(c) The Legislature further finds and declares that the respective local appointive powers have been denied access
to a talent resource hitherto untapped.
(d) The Legislature further finds and declares that all citizens of the state, regardless of their place of residence
should have equal access to specific and current information about the many local regulating and advisory boards,
commissions, and committees and equal opportunity to be informed of vacancies which shall occur thereon, so that
they may pursue the opportunity to participate in and contribute to the operations of local government by serving on
such boards, commissions, and committees.
(e) It is therefore the intent of the Legislature that this chapter shall apply to all cities and all counties throughout
California, including charter cities and charter counties. #45
14
54972. Appointments list; preparation; contents
On or before December 31 of each year, each legislative body shall prepare an appointments list of all regular and
ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency. The
appointees' list shall contain the following information:
(a) A list of all appointive terms which will expire during the next calendar year, with the name of the incumbent
appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.
(b) A list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body,
and the necessary qualifications for each position. #45
54973. Availability to public; fee
The appointments list shall be made available to members of the public for a reasonable fee which shall not
exceed actual cost. #45
54974. Unscheduled vacancy; special notice; acting basis; final appointment
Whenever an unscheduled vacancy occurs in any board, commission, or committee for which the legislative body
has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall
be posted in the off ice of the clerk of the local agency, and in other places as directed by the legislative body within
20 days after the vacancy occurs. Final appointment to the board, commission, or committee shall not be made by the
legislative body for at least 10 working days after the posting of the notice in the clerk's office.
Notwithstanding the provisions of Section 54974, the legislative body may, if it finds that an emergency exists, fill
the unscheduled vacancy immediately. Persons appointed to fill such a vacancy shall only serve on an acting basis until
the final appointment is made pursuant to this section. #45
54975. Appointments of public and alternate members of local agency formation commission; special vacancy
notice
The board of supervisors shall include in the appointments list prepared pursuant to Section 54972 all
appointments of public members and alternate public members made to the local agency formation commission
pursuant to Sections 54780, 54781, 54782, 54782.5, and 54782.7.
Whenever an unscheduled vacancy occurs in a local agency formation commission, the board of supervisors shall
cause a special vacancy notice to be posted as provided in Section 54974. Final appointment to fill the vacancy shall
not be made by the appointing body for at least 10 working days after the posting of the notice. #45
54992. New or increased levies; meetings; notice; ordinance or resolution; costs
(a) Prior to levying a new fee or service charge, or prior to approving an increase in an existing fee or service
charge, a local agency shall hold at least one public meeting, at which oral or written presentations can be made, as
pan of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of
the matter to be considered, and a statement that the data required by this section is available, shall be mailed at least
14 days prior to the meeting to any interested party who files a written request with the local agency for mailed notice
of the meeting on new or increased fees or service charges. Any written request for such mailed notices shall be valid
for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for such mailed notices
shall be filed on or before April 1st of each year. The legislative body may establish a reasonable annual charge for
sending such notices based on the estimated cost of providing such a service. At least 10 days prior to the meeting,
the local agency shall make available to the public data indicating the amount of cost, or estimated cost, required to
provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the
service, including general fund revenues. #22
SPECIAL DISTRICTS (Gov. Code 55540 - 55567)
55540. Petition or resolution; contents; procedures
Proceedings for the formation of a crossing guard maintenance district may be initiated by petition signed by
two- thirds of the registered voters in the proposed district or by resolution of intention by the legislative body of the local
agency which has jurisdiction over the territory proposed to be included in the district. The sufficiency of such petition
shall be determined by reference to the county voter registration rolls at the time at which the petition is presented to
the legislative body of the local agency.
The petition or resolution shall contain a general description of the exterior boundaries of the proposed district
and shall identify the street intersections at which crossing guards are desired.
15
55540 Continued
A petition submitted pursuant to this section shall be filed with
the clerk, who shall determine its sufficiency. If it is signed by the requisite number of qualified signers, the clerk shall
Certify to that effect and shall present the petition and the certificate to the legislative body.
The legislative body shall thereupon order the preparation of the preliminary report as provided in Section 55541
and shall adopt a resolution of intention to form the district as provided in Section 55543. #58
55542. Consideration of report by legislative body; approval; hearing; resolution of intention; public inspection
After the filing of the report, the clerk shall present it to the legislative body for consideration. The legislative body
may approve, amend, alter, modify or correct the report. When the report has been approved by the legislative body,
it shall fix a time and place for hearing protests against the proposed formation of the district or to the report and shall
adopt a resolution declaring its intention to form the district. The report shall thereafter be open to inspection in the
office of the clerk until the public hearing. #3 #25
55543. Resolution of intention to form district; contents
If the legislative body determines that the public safety and welfare requires the formation of a district, it may adopt
a resolution declaring its intention to form a district pursuant to the provisions of this chapter. The resolution of intention,
in addition to making the foregoing determination, shall also contain:
(a) A general description of the exterior boundaries of the proposed district;
(b) An estimate of the cost of providing appropriate crossing guards;
(c) A statement that an annual assessment may be levied to pay the costs and expenses of providing such
crossing guards;
(d) A statement of the annual assessment limit on each one hundred dollars ($100) of assessed value of taxable
land and improvements within the district and that amounts so assessed shall be levied and collected at the same time
and in the same manner as general taxes of the local agency are collected;
(e) The day, hour and place for the hearing by the legislative body of protests against the formation of the
proposed district, and a statement that any owner of property liable to be assessed for the maintenance may make
written protest against the formation of the proposed district by filing such protest with the clerk at any time not later
than the hour so fixed for the hearing. The time for the hearing shall be not less than 15 nor more than 60 days from
the date of the adoption of the resolution of the legislative body. #25
55546. Publication of resolution
The resolution of intention shall be published pursuant to Section 6061 of this code at least 15 days before the
date set for the hearing of protests. #25
55547. Mailing to property owners
A copy of the resolution shall be mailed at least 10 days before the date of the hearing of protests, postage
prepaid, by the clerk to each property owner within the district as shown on the latest equalized assessment roll. #25
55548. Written protests; filing
At any time prior to the time set for hearing protests against the formation of the proposed district, any property
owner liable to be assessed for maintenance may make and file with the clerk a written protest stating his objection to
the proposed district. #25
55549. Protests; contents; procedure
The protest shall contain a description of the property sufficient to identify it and shall be delivered to the clerk.
Only protests made at the time and in the manner required in this chapter shall be considered. The clerk shall endorse
on every such protest the date of its receipt by him and shall at the time appointed for the hearing present all protests
to the legislative body. Any protest may be withdrawn by the person making it, in writing, at any time prior to the
conclusion of the hearing or any adjournment thereof. #25
55566. Hearing; notice
The legislative body shall hold a hearing on any resolution adopted pursuant to Section 55565 and shall direct the
clerk to give notice of the time, place and purpose of such hearing by mailing written notice to each property owner
within the boundaries of the territory described in the resolution whose name and address appears on the latest
equalized assessment roll. #22
IE
55567. Notice of hearing; publication
The legislative body shall direct the clerk to publish a notice, at least 15 days prior to the date of the hearing, as
provided in Section 6061 of this code. The notice shall state the time and place of the hearing and shall contain a
description of the territory proposed to be annexed or detached. #6 #22
DISTRICT ORGANIZATION (Gov. Code 58000 - 58133)
58000. Short title
This chapter may be cited as the District Organization Law.
58006. Publication of notice
When this chapter or the principal act requires publication of a notice, publication shall be in a newspaper of
general circulation published and circulated within the district, or if there is none, in the newspaper of general circulation
published nearest to the district. #6 #57
58008. Proof of publication
Proof of publication may be by affidavit of the owner, publisher, printer, or clerk of the newspaper. The affidavit
is prima facie evidence of the facts stated in it. #6 #57
58009. Posting of notice; method
If a district is situated in a county in which no newspaper of general circulation is published, the notice shall be
posted in three public places in the district for the same period as if published. #6
58010. Proof of posting
Proof of posting may be by affidavit of the person posting the notice. The affidavit is prima facie evidence of the
facts stated in it. #6
58033. Withdrawal of signature to petition
Before publication of the petition, a petitioner may withdraw his signature by filing with the clerk a signed statement
of his intention to withdraw his signature from the petition. #14
58090. Time and place for hearing; notice
The supervising authority shall fix the time and place for the final hearing on the petition and shall order the clerk
to give notice of the hearing. #15 #22
58092. Duty of clerk to give notice
The clerk shall give notice of the final hearing. #15 #22
58099. Time for filing protests
Written protests shall be filed with the clerk on or before the time fixed for the final hearing. #25
58108. Notice of inclusion; publication; mailing
The clerk shall publish notice of inclusion and mail it, postage prepaid, to the address of the owner of such land
as shown by the last equalized county assessment roll and to any person who has filed with the clerk his name, address,
and a description of land in which he has a legal or equitable interest. #20
58130. Calling and giving notice of election
Within 20 days after the adoption of the resolution establishing the boundaries, the supervising authority shall call
and give notice of an election to be held in the proposed district to determine whether the district shall be formed and
to select the elective officers, if any, of the district. #13
17
58131. Conduct of election; canvas of returns and declaration of results
The election shall be called and conducted, and any candidates shall be nominated as in general district elections
except:
(a) The supervising authority shall establish election precincts, designate the polling places, publish notice, and
appoint the election board.
(b) The election returns shall be forwarded to the supervising authority which shall canvas them and declare the
election results at its next regular meeting following the election. #13
58133. Completion of organization of district on filing documents
Immediately after the passing of the resolution declaring the organization of the district, the clerk shall file a
certified copy of the resolution with the Secretary of State and for record in the office of the county recorder of each
county in which any land in the district is situated. Upon such filing the organization of the district is complete. #15
60000. Formation of districts authorized; purpose; use of tax proceeds
Pursuant to this chapter, any portion of a city may be formed into a special municipal tax district for the purpose
of levying upon the taxable property in the district a special tax not to exceed one dollar ($I) a year on each one
hundred dollars ($100) of assessed valuation. The tax proceeds shall be used for any of the following functions which
the city is otherwise authorized by law to perform: #15
60064. Posting of ordinance; effective date
In cities where such newspapers are not published, the ordinance shall be posted in three public places in the city,
and shall take effect two weeks after posting. #6 #8
60090. Filing and contents
At or before the time set for the hearing of protests, any person interested may file a written protest with the clerk
stating that he objects to:
(a) The formation of the district.
(b) The extent of the district.
(c) The proposed improvement, or to the acquisition, construction, or operation of the proposed utility, or to the
special local service.
(d) The inclusion of his property in the district. #25
60162. Ex officio officers, boards and employees; compensation; duties
The legislative body and all other officers, boards, or commissions of the city, their assistants, deputies, clerks,
and employees, are ex officio the legislative body, officers, boards, commissions, assistants, deputies, clerks, and
employees, respectively, of the district. In order to carry out this chapter, and without additional compensation, they shall
respectively perform the same various duties for the district as they are required by law to perform for the city unless
the legislative body otherwise provides. #26 #29
61400. Applicability of Elections Code provisions
The provisions of the Uniform District Election Law shall govern all general district elections and the provisions
of the Elections Code pertaining to the conduct of elections in general law cities shall govern all special district elections.
#13
61716. Definitions
In the application of said acts to proceedings under this section the terms used in said acts shall have the
following meanings:
(a) "City council' and 'council' mean board.
(b) "City" and "municipality' mean district.
(c) "Clerk" and 'city clerk" mean secretary.
(d) "Superintendent of streets" and "street superintendent" and 'city engineer" mean the general manager of the
district or any other person appointed to perform such duties.
(e) "Tax collector" means county tax collector.
(f) 'Treasurer' and 'city treasurer" mean the county treasurer who is the depositary of the district pursuant to
Section 61730.
(g) "Right of way' means any parcel of land through which a right of way has been granted to the district for the
purpose of constructing or maintaining or work or improvements which the district is authorized to do. #15
18
61717. Exercise of powers
The powers and duties conferred by said acts upon boards, officers and agents of cities shall be exercised by the
board, officers and agents of the district, respectively. #15
61720.3. Notice of hearing
The secretary shall give notice of any such hearing by:
(a) Publication of the resolution initiating proceedings for annexation once in a newspaper of general circulation
within the improvement district;
(b) Posting of the resolution initiating proceedings for annexation on or near the doors of the meeting place of
the board or on any official bulletin board customarily used for the purpose of posting of public notices; and
(c) Mailing of the resolution initiating proceedings for annexation to all landowners owning land within the territory
proposed to be annexed as shown upon the last equalized assessment roll of the county, at the address shown upon
such assessment roll, and to all persons and counties, cities, or districts, which shall have theretofore filed a written
request for special notice with the secretary. #15
61721.2. Resident -voter signatures on protests; ascertaining number of qualified signers
If the protests are signed by resident- voters, the secretary shall compare the names of the signers on the protests
against the voters' register in the office of the county clerk or registrar of voters and ascertain therefrom the number
of qualified signers appearing upon the protests. #15 #25
61773. Presentation of petition; time for hearing; notice
The petition shall be presented at a regular meeting of the board and the board shall thereupon set a time for
hearing the petition, which time shall be not less than 21 days nor more than 30 days after the date of presentation of
the petition or adoption of the resolution as provided in Section 61771. Notice of hearing on the petition or resolution
stating when the petition was filed or resolution adopted and specifying the time and place set for the hearing of the
petition or resolution and informing interested parties of their right to protest shall be given by the clerk of the board
by publication in the district pursuant to Section 6066. #15
61790.2. Notice of hearing
The secretary shall give notice of any such hearing by:
(a) publication of the resolution initiating proceedings for annexation once in a newspaper of general circulation
within the zone;
(b) Posting of the resolution initiating proceedings for annexation on or near the doors of the meeting place of
the board or on any official bulletin board customarily used for the purpose of posting of public notices; and
(c) Mailing of the resolution initiating proceedings for annexation to all landowners owning land within the territory
proposed to be annexed as shown upon the last equalized assessment roll of the county, at the address shown upon
such assessment roll, and to all persons and counties, cities, or districts, which shall have theretofore filed a written
request for special notice with the secretary. #15
61791.8. Order of annexation subject to confirmation by voters; resolution
In any resolution ordering an annexation of territory subject to confirmation by the voters, the board may provide
for an election or elections to be called, held, and conducted upon such question:
(a) Only within the territory ordered to be annexed; or
(b) Both within the territory ordered to be annexed and within all of said zone. #15
65090.
(a) When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice
shall be published pursuant to Section 6061 in at least one newspaper of general circulation within the jurisdiction of
the local agency which is conducting the proceeding at least 10 days prior to the hearing, or if there is no such
newspaper of general circulation, the notice shall be posted at least 10 days prior to the hearing in at least three public
places within the jurisdiction of the local agency.
(b) The notice shall include the information specified in Section 65094.
(c) In addition to the notice required by this section, a local agency may give notice of the hearing in any other
manner it deems necessary or desirable. #22
m
65503. Action by legislative body; hearing; notice
Upon receipt of a copy of any proposed specific plan or regulation or amendment of such plan or regulation the
legislative body may by ordinance or resolution adopt the plan or regulation. Before adopting the proposed specific plan
or regulation the legislative body shall hold at least one (1) public hearing. Notice of the time and place of said hearing
shall be given in the time and manner provided for the giving of notice of the hearing by the planning commission as
specified in Section 65500.
In addition to notice by publication, a county or city may give notice of the hearing in such other manner as it may
deem necessary or desirable.
Any hearing may be continued from time to time.
Such plan or regulation, as adopted, shall be designated as a specific plan or regulation. #22 #37
65856. Public hearing; exceptions
Upon receipt of the recommendation of the planning commission, the legislative body shall hold a public hearing;
provided, however, that if the matter under consideration is an amendment to a zoning ordinance to change property
from one zone to another, and the planning commission has recommended against the adoption of such amendment,
the legislative body shall not be required to take any further action thereon unless otherwise provided by ordinance or
unless an interested party shall request such a hearing by filing a written request with the clerk of the legislative body
within five days after the planning commission files its recommendations with the legislative body.
Notice of the time and place of said hearing shall be given in the time and manner provided for the giving of notice
of the hearing by the planning commission as specified in Section 65854.
In addition to notice by publication, a county or city may give notice of the hearing in such other manner as it may
deem necessary or desirable.
Any hearing may be continued from time to time. #22 #37
66435.1. Certificates and acknowledgments; separate instrument; recording
Notwithstanding any other provision of this article, local agencies may require that those certificates and
acknowledgments required by Sections 66436 and 66443, be made by separate instrument to be recorded concurrently
with the final map being filed for record. #9 #58
66440. Certificates for clerks of approving legislative bodies
The final map shall contain a certificate for execution by the clerk of each approving legislative body stating that
the body approved the map and accepted, accepted subject to improvement, or rejected, on behalf of the public, any
real property offered for dedication for public use in conformity with the terms of the offer of dedication. #58
POLITICAL REFORM ACT (Gov. Code 81000- 91015)
CONFLICT OF INTEREST
81000. Short title
This title shall be known and may be cited as the 'Political Reform Act of 1974."
81001. Findings and declaration
The people find and declare as follows:
(a) State and local government should serve the needs and respond to the wishes of all citizens equally, without
regard to their wealth; (b) Public officials, whether elected or appointed, should perform their duties in an impartial
manner, free from bias caused by their own financial interests or the financial interests of persons who have supported
them; (c) Costs of conducting election campaigns have increased greatly in recent years, and candidates have been
forced to finance their campaigns by seeking large contributions from lobbyists and organizations who thereby gain
disproportionate influence over governmental decisions;
(d) The influence of large campaign contributors is increased because existing laws for disclosure of campaign
receipts and expenditures have proved to be inadequate;
(e) Lobbyists often make their contributions to incumbents who cannot be effectively challenged because of
election laws and abusive practices which give the incumbent an unfair advantage;
(f) The wealthy individuals and organizations which make large campaign contributions frequently extend their
influence by employing lobbyists and spending large amounts to influence legislative and administrative actions;
(g) The influence of large campaign contributors in ballot measure elections is increased because the ballot
pamphlet mailed to the voters by the state is difficult to read and almost impossible for a layman to understand; and
(h) Previous laws regulating political practices have suffered from inadequate enforcement by state and local
authorities. #7
81002. Purposes of title
The people enact this title to accomplish the following purposes:
(a) Receipts and expenditures in election campaigns should be fully and truthfully disclosed in order that the voters
may be fully informed and improper practices may be inhibited.
(b) The activities of lobbyists should be regulated and their finances disclosed in order that improper influences
will not be directed at public officials.
(c) Assets and income of public officials which may be materially affected by their official actions should be
disclosed and in appropriate circumstances the officials should be disqualified from acting in order that conflicts of
interest may be avoided.
(d) The state ballot pamphlet should be converted into a useful document so that voters will not be entirely
dependent on paid advertising for information regarding state measures.
(e) Laws and practices unfairly favoring incumbents should be abolished in orderthat elections may be conducted
more fairly.
(f) Adequate enforcement mechanisms should be provided to public officials and private citizens in order that this
title will be vigorously enforced. #7
87306.5. Conflict of interest code; review
(a) No later than July 1 of each even - numbered year, the code reviewing body shall direct every local agency
which has adopted a Conflict of Interest Code in accordance with this title to review its Conflict of Interest Code and,
if a change in its code is necessitated by changed circumstances, submit an amended Conflict of Interest Code in
accordance with subdivision (a) of Section 87302 and Section 87303 to the code reviewing body.
(b) Upon review of its code, if no change in the code is required, the local agency head shall submit a written
statement to that effect to the code reviewing body no later than October 1 of the same year. #7
87500
(f) Persons holding the office of city manager or, if there is no city manager, the chief administrative officer, and
candidates for and persons holding the office of city council member, city attorney, and mayor - one original with the
city clerk who shall make and retain a copy and forward the original to the commission (FPPC) which shall be the filing
officer. #7
ELECTION CODE
"Clerk" defined.
"Clerk "' means county clerk, registrar of voters, city clerk, or other officer or board charged with the duty of
conducting any election. #13
4001. Proposed ordinance may be submitted by petition.
Any proposed ordinance may be submitted to the legislative body of the city by a petition filed with the clerk of
the legislative body, in the manner hereinafter prescribed, after being signed by not less than the number of voters
specified in this article. The petition may be in separate sections, providing that the same complies with all of the
requirements of this article. The first page of each section shall contain the title of the petition and the text of the
measure. The petition sections shall be designated in the manner set forth in Section 3516. #13 #14
4002.5. Proposed measure; title and summary.
(a) Any person who is interested in any proposed measure shall file a copy of the proposed measure with the clerk
with a request that a ballot title and summary be Prepared. This request shall be accompanied by the address of the
person proposing the measure. The clerk shall immediately transmit a copy of the proposed measure to the city
attorney. Within 15 days after the proposed measure is filed. #13 #14
4053. Petition filing and examination of signatures.
Petitions shall be accepted for filing by the clerk and the determination of the number of signatures thereon shall
be made by the clerk in accordance with the provisions set forth in Section 4008. Petitions shall be filed with the clerk
of the legislative body of the city in his or her office during normal office hours as posted. #13 #14
21
4054. Petition filing and examination of signatures.
After the petition has been filed, as herein provided, the clerk shall examine the petition and certify the results in
the same manner as are county petitions in Sections 3707 and 3708 except that, for the purposes of this section,
references to the board of supervisors shall be treated as references to the legislative body of the city.
This petition shall be preserved by the city clerk in the same manner as are county measures as set forth in
Section 3756. #13 #14
5015. Final date for arguments.
Based on the time reasonably necessary to prepare and print the arguments and sample ballots and to permit the
10- calendar -day public examination as provided in Article 6 (commencing with Section 5025) for the particular election,
the city clerk shall fix and determine a reasonable date prior to the election after which no arguments for or against any
city measure may be submitted for printing and distribution to the voters as provided in this article. Arguments may be
changed or withdrawn by their proponents until and including the date fixed by the city clerk. #13 #14
5016. Clerk to select if more than one argument
If more than one argument for or more than one argument against any city measure is submitted to the city clerk
within the time prescribed, the city clerk shall select one of the arguments in favor and one of the arguments against
the measure for printing and distribution to the voters. In selecting this argument the city clerk shall give preference and
priority in the order named to the arguments of the following:
(a) The legislative body, or member or members of the legislative body authorized by that body.
(b) The individual voter or bona fide association of citizens, or combination of voters and associations, who are
the bona fide sponsors or proponents of the measure.
(c) Bona fide associations of citizens.
(d) Individual voters who are eligible to vote on the measure. #13 #14
5020. One copy of official material per household.
Whenever the clerk is required to mail official matter, as provided in Sections 4015, 4015.5, 4018, 5011, 5012,
5013, and 5014.5, only one copy of each such official matter shall be mailed to a postal address where two or more
registered voters have the same surname and the same postal address. #13 #14
5025. Public examination of arguments, ordinance and analysis.
Not less than 10 calendar days before the clerk submits the official election materials referred to in Sections
4015, 4015.5, 4018, 5011, 5012, 5013, and 5014.5 for printing, the clerk shall make a copy of the material available for
public examination in the clerk's office. Any person may obtain a copy of the materials from the clerk for use outside
of the clerk's office. The clerk may charge a fee to any person obtaining a copy of the material. The fee shall not
exceed the actual cost incurred by the clerk in providing the copy.
During the 10- calendar -day examination period provided by this section, any voter of the jurisdiction in which
the election is being held, or the clerk, himself or herself, may seek a writ of mandate or an injunction requiring any
or all of the materials to be amended or deleted. A peremptory writ of mandate or an injunction shall be issued only
upon clear and convincing proof that the material in question is false, misleading, or inconsistent with the requirements
of this chapter, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution
of official election materials as provided by law. The clerk shall be named as respondent and the person or official who
authored the material in question shall be named as real parties in interest. In the case of the clerk bringing the
mandamus or in or injunctive action, the board of supervisors of the county shall be named as the respondent and the
person or official who authored the material in question shall be named as the real party in interest. #13 #14
22830. Notice of election.
Not earlier than the 89th nor later than the 75th day before any municipal election to fill offices, the city clerk
shall publish a notice of the election in the city pursuant to Section 6061 of the Government Code. The notice shall
be headed "Notice of Election," and shall contain a statement of:
(a) The time of the election;
(b) The offices to be filled, specifying full term or short term, as the case may be.
With respect to a special election to fill a vacancy in office, unless the city has enacted an ordinance as referred
to in subdivision (b) of Section 22844, and such ordinance does not allow for appointment to fill the vacancy and
requires the vacancy to be filled in the special election, the notice shall also state that if no one or only one person is
nominated for an elected office, appointment to such elective office may be made as prescribed by Section 22844.
If there is no newspaper of general circulation published and circulated in the city, the notice shall be typewritten
and copies shall be posted conspicuously within, the time prescribed in at least three public places in the city. #6 #13
22
15004. "Elections official" definition.
"Elections official" means any county clerk, city clerk, registrar of voters, elections supervisor, or governing board
having jurisdiction over elections within any county, city, or district within the state. #13
22831. Form of notice.
The notice of the municipal election shall be substantially in the following form:
Notice of Election
Notice is hereby given that a (general or special) municipal election
will be held in the of on the day of
19_, for the following officers: (name them).
The polls will be open between the hours of m. and M.
Dated, #13 City Clerk
22833. List of nominees; form.
In case of a municipal election to fill offices, the city clerk shall publish a list of the names of the nominees, in
the order in which they appear on the ballot, and the respective offices for which they have been nominated. Publication
shall be in the city and pursuant to Section 6066 of the Government Code. If there is no newspaper published and
circulated in the city, the notice shall be typewritten and copies shall be posted conspicuously within the time prescribed
in at least three public places in the city. This list shall be headed, "Nominees for Public Office," in conspicuous type,
and shall be substantially in the following form:
Nominees for Public Office
Notice is hereby given that the following persons have been nominated for the
offices hereinafter mentioned to be filled at the General Municipal Election to be
held in the of on the day of
,19
(Here follow with the list of nominees.)
Dated,
#13
City Clerk
22834. List of election officers; form.
Not later than 20 days prior to any municipal election, the city clerk shall publish the list of the polling places
designated for each election precinct. This list shall be followed by the list of names of election officers appointed. The
list of names of election officers need not be published in precinct order, at the discretion of the city clerk. Publication
shall be in the city and pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation
published and circulated in the city, the list shall be typewritten and copies shall be posted conspicuously within the
time prescribed in at least three public places in the city. The list shall be headed "Election Officers and Polling Places"
#13
22842. Nomination papers issued by city clerk.
All forms required for nomination and election to all municipal offices shall be furnished only by the city clerk
during regular business hours. At the time of issuance of those forms the city clerk shall type in the forms the name
of the candidate and the office for which he is a candidate, shall imprint a stamp which reads "Official Filing Form,"
and shall affix his signature. At the time nomination papers are issued to a candidate the city clerk shall imprint the
date. The forms shall be distributed without charge to all candidates applying for them. #13
23
22843. Filing fee.
A filing fee proportionate to the costs of processing a candidate's nomination papers as determined by the city
council and set by ordinance, but not exceeding twenty -five dollars ($25), may be imposed, to be paid upon the filing
of such nomination papers. #13
23556. Taking of office; date.
Elective officers, elected or appointed pursuant to the provisions of this part, take office at noon on the last Friday
in November next following the general district election.
Prior to taking office, each elective officer shall take the official oath and execute such bond as may be required
by the principal act. #13
27002. "Clerk" definition.
For the purposes of this division, "clerk "' means the county clerk in the case of the recall of elective officers of
a county, school district, county board of education, community college district, or resident voting district, and of
judges of trial courts; the city clerk in the case of the recall of elective officers of a city; and the secretary of the
governing board in the case of the recall of elective officers of a landowner voting district or any district in which, at
a regular election, candidate's nomination papers are filed with the secretary of the governing board. #13 #14
27021. Method of serving notice of intention.
The notice of intention shall be served by personal delivery, or by certified mail, on the officer sought to be
recalled. Within seven days of serving the notice of intention, a copy thereof shall be filed, along with an affidavit of
the time and manner of service, with the clerk or, in the case of the recall of a state officer, tile Secretary of State. A
separate notice of intention shall be filed for each officer sought to be recalled. #13 #14
24
Staff Report
February 21, 1989
MINUTES
REVENUE AND TAX COLLECTION /FINANCE MANAGER
Mr. Carlson asked that the Clerk's Office retain a record of verification of deposits and that the Revenue Clerk's
collection of fees be referenced as a revenue procedure. Mr. Carlson moved for approval of report on implementation
for duties of Town Clerk and transferring responsibilities for revenue and tax collection to Finance Manager. Mr. Ventura
seconded. Carried by a vote of 4 ayes. Mr. Hamilton voted no, and wished the record to show that he did not support
this fundamental change to the Office of the Town Clerk.
ADMINISTRATIVE MANUAL
TOWN OF LOS GATOS
Revenue Collection and
Recording Procedures
Town Clerk Verifies that deposit slip and cash register tape are in the same amounts
Revenue Clerk Resolves any discrepancies noted by Town Clerk
Town Clerk Upon verification of balanced tape and deposit slip, places the deposit in a locked bag to be
delivered to the bank
Gives summary tape to the Accounting Technician for later verification of daily deposits to bank
records and general ledger