Chapter 2.04
ADMINISTRATION Revised 11/19

Sections:

I. Organization

2.04.010    Categories.

2.04.015    Term limits for elected officials.

2.04.020    Powers and duties of department heads.

II. City Boards and Commissions Policies

2.04.030    Authority to establish.

2.04.040    (Reserved)

2.04.060    City personnel use.

2.04.070    Policy adoption.

III. Bonds

2.04.080    Officers.

2.04.090    Blanket bond.

2.04.100    Terms.

IV. City Council

2.04.110    Regular meetings.

2.04.120    Special meetings.

2.04.130    Council chambers.

2.04.140    Agenda.

2.04.150    Selection of the mayor (presiding officer).

2.04.160    Mayor pro tempore.

2.04.165    Appointment of standby city council members.

2.04.170    Conduct of meeting.

2.04.180    Quorum/action.

2.04.190    Order of business.

2.04.200    Reading of minutes.

2.04.210    Rules of debate.

2.04.220    Addressing council – Permission required.

2.04.230    Addressing council – After motion made.

2.04.240    Addressing council – Manner.

2.04.250    Voting.

2.04.260    Adjournment – Time and date continued.

2.04.270    Adjournment – When in order.

2.04.275    City council member salary. (Effective until December 2020) Revised 11/19

2.04.275    City council member salary. (Effective December 2020) Revised 11/19

2.04.280    Administrative procedures.

2.04.285    Redevelopment agency.

V. City Manager

2.04.290    Office established.

2.04.300    Powers and duties.

VI. City Clerk

2.04.310    Office created.

2.04.320    Powers and duties.

VII. City Attorney

2.04.330    Office created.

2.04.340    Powers and duties.

VIII. City Treasurer

2.04.350    Office created.

2.04.360    Powers and duties.

2.04.365    Appointment.

IX. Department of Public Works

2.04.370    Created.

2.04.380    Director – Appointment.

2.04.390    Director – Powers and duties.

X. Department of Police

2.04.450    Created.

2.04.460    Chief – Appointment.

XI. Director of Finance

2.04.600    Powers and duties. Revised 11/19

I. Organization

2.04.010 Categories.

The governmental forces of the city shall be organized into the following categories:

A. Elective. The elective offices of the city of Capitola are the city council members.

B. The city treasurer and such city boards and commissions as are established by city council ordinance or resolution. Such boards and commissions shall have the powers and duties expressly set forth in the enabling ordinance or resolution and shall also advise the city council on matters related to the explicit function of the board or commission.

C. City Manager and City Departments. Capitola shall be administered as a city manager form of government. It shall have such administrative departments as are set forth in this chapter and as are hereafter created by ordinance or resolution. Unless a power or duty is explicitly vested in an identified city employee, all city employees are expected to function in accordance with the instruction of their department heads, and department heads are expected to function in accordance with the instructions they receive from the city manager. (Ord. 1025 § 1 (part), 2018: Ord. 830 § 1, 2001; Ord. 375 § 1, 1974)

2.04.015 Term limits for elected officials.

City council members shall serve a maximum of two elected terms consecutively. Upon completion of a second consecutive elected term, the term-limited city council member shall be eligible to seek reelection to the city council for a term commencing no earlier than two years after the second consecutive term has been completed. Nothing herein shall be construed to limit the city council’s discretion to appoint an individual to fill a city council seat which has been vacated due to resignation, death, disqualification or other cause. (Ord. 1025 § 1 (part), 2018: Ord. 844 § 1, 2002)

2.04.020 Powers and duties of department heads.

The heads of the various departments established by this chapter shall have the following general powers, duties and responsibilities:

A. To organize the department into the divisions established by this chapter in such a manner as to efficiently perform the functional responsibilities allocated. For this purpose, the department head may create such sections and subunits within such division as deemed necessary;

B. To make recommendations regarding recruiting, disciplining and discharging of departmental personnel in accordance with any personnel rules and regulations of the city;

C. To efficiently utilize available manpower;

D. To keep correct attendance records on each employee for payroll purposes, and to submit such other information as required for the proper maintenance of individual personnel records, including leaves of absence, job efficiency and personal conduct;

E. To administer the departmental budget and permit no purchase requisitions to be issued, or other expense incurred, unless an appropriation therefor has been duly authorized;

F. Department heads shall attend meetings of the council when required;

G. Department heads shall attend meetings of their respective boards and commissions. They shall serve as secretary and keep records of such commissions when so requested;

H. Department heads shall carry on an active public relations program for their respective services, including the publication of educational reports and brochures, the promotion of authorized objectives, and the making of public addresses when the occasion so requires;

I. Department heads shall recommend and administer internal rules and regulations for the proper conduct of personnel and the efficient handling of the department’s duties and functions;

J. They shall discharge such other duties as may be assigned by the city manager or required by the ordinances, resolutions or official orders of the city council. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

II. City Boards and Commissions Policies

2.04.030 Authority to establish.

The council may establish appropriate boards, commissions and committees by ordinance, resolution or minute order. (Ord. 830 § 1, 2001)

2.04.040 (Reserved)

2.04.060 City personnel use.

The various boards and commissions may utilize the services of the appropriate city departmental personnel in carrying out their respective functions subject to the administrative control of the city manager. (Ord. 375 (part), 1974)

2.04.070 Policy adoption.

A. The policies of the city shall be adopted by resolution or formal motions of the city council upon the advice and recommendation of the city manager.

B. In the absence of council policy, the city manager may establish an interim policy pending the formal action of the city council on the subject. (Ord. 375 (part), 1974)

III. Bonds

2.04.080 Officers.

The following officials of the city shall be bonded with a statutory public official’s bond, which shall include faithful performance provisions or conditions, in the following amounts:

Title of Official

Amount of Bond

Director of finance

$50,000.00

City treasurer

50,000.00

(Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.090 Blanket bond.

The bond required by Section 2.04.080 shall be so written as to include provisions constituting a public employees’ honesty blanket position bond in the amount of two thousand five hundred dollars, covering such officers and employees in all city offices and departments as may be designated by the council. (Ord. 375 (part), 1974)

2.04.100 Terms.

All bonds specified in Sections 2.04.080 and 2.04.090 shall indemnify the city against loss up to the penal sum of the bond relating to such loss, and the premium on the bond shall be paid by the city. All bonds shall be executed by a responsible corporate surety whose financial standing and qualifications shall be approved by the city manager. (Ord. 375 (part), 1974)

IV. City Council

2.04.110 Regular meetings.

A. Time. Regular meetings of the city council shall be held on the second and fourth Thursday of each month and shall commence immediately following the Capitola redevelopment agency meeting but in no event earlier than six p.m. Whenever the day fixed for any such meeting of the 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. Other regular meetings may be in accordance with Government Code Sections 54954 and 54955.

B. Place. All meetings of the council shall be convened in the council chambers in the City Hall, 420 Capitola Avenue, Capitola, California. If, by reason of fire, flood, earthquake or other emergency, it is unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place as is designated by the presiding officer of the council.

C. Public. Meetings of the council shall be open as required by the Brown Act (Government Code Sections 54950, et seq.), or other applicable law. (Ord. 920 § 1, 2007; Ord. 830 § 1, 2001; Ord. 456, 1979; Ord. 375 (part), 1974)

2.04.120 Special meetings.

Special meetings of the city council shall be held under the conditions and in the manner set forth in the Brown Act. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.130 Council chambers.

The room designated as the city council chambers at 420 Capitola Avenue in the city, is fixed as the place of regular and special meetings of the city council, and such council chambers and the adjacent offices and rooms used and occupied by the city clerk and administrative officers of the city, shall henceforth be known and designated as the city hall of the city. (Ord. 375 (part), 1974)

2.04.140 Agenda.

The following have authority to place a matter on the council agenda:

A. The mayor or any member of the city council with the condition that the proposed agenda item be requested at an open city council meeting;

B. The city manager;

C. The city council may, after the seventy-two-hour agenda-posting deadline has expired, add items to the agenda in the manner provided in Government Code Section 54954.2(b). A majority of a quorum of the city council may order that any designated matter be on any future agenda;

D. The chair of any board or commission, provided the subject is reasonably related to the powers and duties of the body and concerns a matter upon which the council has authority to act;

E. The city treasurer, city clerk, or city attorney, provided the subject is reasonably related to their powers and duties and concerns a subject upon which the council has authority to act.

Other persons must direct their agenda requests to the city council (at council meetings), the mayor, or the city manager. Agendas shall otherwise be prepared under the direction of the city manager and shall be posted, noticed and distributed in accordance with the Brown Act. For purposes of Government Code Section 54954.2(a), agendas shall be posted in the entrance area to the city council chambers. (Ord. 999 § 1, 2015: Ord. 919 § 1, 2007; Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.150 Selection of the mayor (presiding officer).

Government Code Section 36801 provides as follows: “The city council shall meet on the Tuesday after the general municipal election and choose one of its number as mayor, and one of its number as mayor pro tempore.” At a regular meeting which falls approximately one year after the last general municipal election, the city council shall consider choosing a new mayor and a new mayor pro tempore. Any city council member is eligible for either of those two positions. Government Code Section 36802 reads as follows: “The mayor shall preside at the meetings of the council. If he or she is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act. The mayor pro tempore has all of the powers and duties of the mayor.” (Ord. 768, 1994; Ord. 375 (part), 1974)

2.04.160 Mayor pro tempore.

In case of the temporary absence or inability of the mayor to act as presiding officer the mayor pro tempore shall preside. In case of the absence or disability of both the mayor and mayor pro tempore the council shall elect one of its members to act as mayor pro tempore. Upon the arrival of the mayor, the mayor pro tempore shall relinquish the chair upon the conclusion of the business immediately before the council. (Ord. 375 (part), 1974)

2.04.165 Appointment of standby city council members.

Government Code Sections 8635 and following provide that the city council shall have the authority to appoint up to three standby city council members per council position. Such standby members would serve as city council persons in the event that a council member is “unavailable” in an “emergency” as those words are defined in the California Emergency Services Act. Each council member may nominate from one to three persons to serve as his or her standby members. In making that nomination, the council member shall follow the criteria of Government Code Section 8639 which reads as follows:

Consideration shall be given to places of residence and work, so that for each office for which standby officers are appointed there shall be the greatest probability of survivorship. Standby officers may be residents or officers of a political subdivision other than that to which they are appointed as standby officers.

The duties of such standby council members shall be as set forth in Government Code Section 8641. To become effective the nomination must be approved by the city council, and the nominee must take the oath of office. Terms of office and method of removal shall be as provided in Government Code Section 8640. (Ord. 782, 1995)

2.04.170 Conduct of meeting.

The mayor, or in his or her absence, the mayor pro tempore, shall take the chair at precisely the hour appointed for the meeting and shall immediately call the council to order. The mayor or mayor pro tempore shall preserve strict decorum at all regular and special meetings of the council. He or she shall state every question coming before the council, call for the vote, announce the decision of the council on all subjects and decide all questions of order, subject, however, to an appeal to the council, in which a majority vote of the council shall govern and conclusively determine such question of order. (Ord. 375 (part), 1974)

2.04.180 Quorum/action.

A majority of the entire membership of the council shall constitute a quorum to do business. A majority of that quorum may act on matters before the council, unless a city ordinance or state law requires a greater number. When less than the full council is present and there is a tie vote, the chair, unless overridden by a majority of present council members, may continue the matter to another meeting. When there is a tie council vote on an appeal from a board or commission action, unless the matter is continued, the appeal will be deemed denied and the board or commission action becomes final. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.190 Order of business.

The chair, subject to the concurrence of the council, may vary the sequence of business from that shown on the posted agenda. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.200 Reading of minutes.

Unless the reading of the minutes of a council meeting is requested by a member of the council, such minutes may be approved without reading if the clerk has previously furnished each member with a copy thereof. (Ord. 375 (part), 1974)

2.04.210 Rules of debate.

A. Presiding Officer May Debate. The mayor or mayor pro tempore may debate from the chair, subject only to such limitations of debate as are imposed upon all members by the rules set forth in this section.

B. Getting the Floor. Every member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language.

C. Interruptions. A member, once recognized, shall not be interrupted when speaking unless it is to call him or her to order. If a member, while speaking, is called to order, he or she shall cease speaking until the question of order is determined and, if in order, he or she shall be permitted to proceed.

D. Privilege of Closing Debate. The councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.

E. Remarks of Councilmember. A councilmember may request, through the presiding officer, the privilege of having an abstract of his or her statement on any subject under consideration by the council entered in the minutes. If the council consents thereto, such statement shall be entered; provided, however, any council member without council consent shall have the right to have the reasons for his or her dissent from, or protest against, any action of the council entering in the minutes.

F. Synopsis of Debate. The city clerk may be directed by the presiding officer, with consent of the council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the council.

G. Rules of Order. Except as otherwise provided in this chapter, the rules of order that govern the conduct of the meetings of the city council and other city advisory bodies shall be those rules of order designated by city council resolution. (Ord. 914 § 1, 2007; Ord. 375 (part), 1974)

2.04.220 Addressing council – Permission required.

Any person desiring to address the council at a meeting shall first secure the permission of the presiding officer to do so; provided, however, that under the heading oral communications, after being recognized by the presiding officer, interested parties or their authorized representatives may address the council on matters concerning their interests. Preference shall be given to those persons who have notified the city clerk of their desire to speak far enough in advance to allow the same to appear on the agenda of the council. (Ord. 375 (part), 1974)

2.04.230 Addressing council – After motion made.

After a motion is duly made and seconded by the council, no person other than a member of the council shall address the council without first securing the permission of a majority of the council to do so. This address, upon the subject to be voted upon, may not exceed three minutes duration and no person may speak more than once at this time. (Ord. 375 (part), 1974)

2.04.240 Addressing council – Manner.

Each person addressing the council shall be requested to give his or her name and address in an audible tone of voice for the records. All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without permission of the presiding officer. No question shall be asked a councilmember or staff member, except through the presiding officer. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.250 Voting.

No member of the council shall be allowed to explain his or her vote or discuss the question while the roll is being called, and no member shall be allowed to change his or her vote after the vote is announced by the presiding officer. (Ord. 375 (part), 1974)

2.04.260 Adjournment – Time and date continued.

The council may adjourn any regular, adjourned or special meeting to a time and place specified in the order for adjournment. Whenever an order for adjournment fails to state the hour at which the adjourned meeting is to be held, it shall be at seven p.m. on the day specified in the order for adjournment. All matters may be considered and passed upon at such adjourned meetings as could have been considered and passed upon at the meetings from which such adjournments were taken and shall be deemed to be a continuation of the meeting from which the adjournment was taken. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.270 Adjournment – When in order.

A motion to adjourn, except during roll call, shall always be in order and decided without debate. When a motion is made and seconded to adjourn, it shall be in order for the presiding officer before putting the question, to permit any member to state any fact to the council relating to the condition of the business of the council which would seem to render it improper to adjourn at that time. Such statement shall not be debatable and shall not be of more than two minutes duration. (Ord. 375 (part), 1975)

2.04.275 City council member salary. (Effective until December 2020) Revised 11/19

Pursuant to California Government Code Section 36516, commencing December 2006 the salary for city council members shall be five hundred dollars per month, and may be adjusted in accordance with state law. Such salary shall be payable in the same manner as salaries are paid to other officers and employees of the city. (Ord. 901 § 2, 2006)

2.04.275 City council member salary.1 (Effective December 2020) Revised 11/19

Pursuant to California Government Code Section 36516, commencing December 2020 the salary for city council members shall be six hundred dollars per month and may be adjusted in accordance with state law. Such salary shall be payable in the same manner as salaries are paid to other officers and employees of the city. (Ord. 1032 § 2, 2019: Ord. 901 § 2, 2006)

2.04.280 Administrative procedures.

A. The administrative procedures of the city shall be established through formal documents approved by the city manager.

B. In the absence of established administrative procedures, the appropriate department head may establish an interim procedure pending the formal action of the city manager on the subject provided that the procedure has been submitted to the city manager’s office for later review.

C. In cases of conflict between such administrative procedure and: state law, federal law, council resolution, council ordinance or council policy adopted pursuant to Section 2.04.070, the latter shall supersede the administrative procedure. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.285 Redevelopment agency.

A. It is found, determined and declared that there is a need for a redevelopment agency to function in the city in accordance with the provisions of the Community Redevelopment Law.

B. Said redevelopment agency is established pursuant to Section 33101 of the Community Redevelopment Law, to be known as the “redevelopment agency of the city of Capitola.” Said redevelopment agency is authorized to transact business and exercise its powers under provisions of the Community Redevelopment Law.

C. Pursuant to the provisions of Section 33200 of the Community Redevelopment Law, this city council declares itself to be the redevelopment agency of the city.

D. The city council finds and determines that the designation of the city council as the redevelopment agency will serve the public interest and promote the public health, safety and welfare in an effective manner in that this public body is best able to serve the needs of the community to implement the purposes of the Community Redevelopment Law. (Ord. 505 §§ 1 – 4, 1981)

V. City Manager

2.04.290 Office established.

The office of city manager is established by Chapter 2.08. (Ord. 375 (part), 1974)

2.04.300 Powers and duties.

The powers, duties and responsibilities of the city manager shall be set forth in Chapter 2.08. In addition to those responsibilities therein set forth it shall be his or her responsibility to cause to be prepared administrative manuals setting forth administrative rules, regulations and procedures necessary for the proper functioning of a coordination among all departments of city government. These administrative manuals shall be consistent with the provisions of the code and city ordinance. (Ord. 375 (part), 1974)

VI. City Clerk

2.04.310 Office created.

The office of city clerk is established pursuant to Government Code Sections 40800 through 40814 subject to the modifications set forth in Section 2.04.600. This office shall be under the direct control of the city clerk as to statutory duties but subject to the general administrative direction of the city manager. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.320 Powers and duties.

The powers and duties of the city clerk shall be as set forth in applicable Government Code sections. (Ord. 375 (part), 1974)

VII. City Attorney

2.04.330 Office created.

The office of the city attorney is created pursuant to Government Code Sections 41800 through 41804. (Ord. 375 (part), 1974)

2.04.340 Powers and duties.

The powers and duties of the city attorney are set forth in Government Code Sections 41801 through 41804. In addition to those powers and duties therein set forth, the city attorney shall be responsible for and be required to:

A. Legislation. Keep the council and city manager informed as to all legislation affecting the city government;

B. Insurance and Claims. Process all insurance matters and claims against the city;

C. Meetings. Attend designated meetings of boards, commissions and special committees of the city government, and represent city departments and offices before state and local courts, boards or commissions when there is opposing counsel;

D. Proposed Legislation. Prepare and promote state and federal legislation proposed by the city;

E. Annexation Proceedings. Process all annexation proceedings;

F. Ordinance Summaries. For any ordinance, which is lengthy and which can be adequately summarized, the city attorney is empowered to prepare, as an alternative to publishing the full text of the proposed ordinance, a summary in the manner set forth in Government Code Section 36933. (Ord. 591, 1985; Ord. 375 (part), 1974)

VIII. City Treasurer

2.04.350 Office created.

The office of city treasurer is created pursuant to Government Code Sections 41001 through 41007. (Ord. 1028 § 1 (part), 2019: Ord. 375 (part), 1974)

2.04.360 Powers and duties.

The powers and duties of the city treasurer shall be as set forth in applicable Government Code sections. (Ord. 1028 § 1 (part), 2019: Ord. 375 (part), 1974)

2.04.365 Appointment.

The city manager shall nominate a city treasurer for consideration by the city council, which may appoint the nominee with a majority vote. (Ord. 1028 § 1 (part), 2019)

IX. Department of Public Works

2.04.370 Created.

The department of public works is created. (Ord. 375 (part), 1974)

2.04.380 Director – Appointment.

The director of public works shall be the head of the department of public works and shall be appointed by the city manager. The city manager shall serve as director of public works until such time as the growth and expansion of city services demands an increase in staff and personnel in this office. (Ord. 375 (part), 1974)

2.04.390 Director – Powers and duties.

In all cases where the duty is not expressly charged to any other department or office, it shall be the duty of the director of public works to act to secure and preserve the physical properties of the city and to direct and control all the functions assignable to this department. The director of public works shall:

A. Public Works and Utilities. Supervise the construction, inspection maintenance and operation of the city’s public works;

B. Buildings and Installations. Direct and be responsible for the proper maintenance of city-owned buildings and installations which are not directly assigned to another department or office or which may be assigned by the city manager;

C. Laws and Regulations. Enforce the laws, ordinances and regulations relating to work done in public streets, easements and rights-of way;

D. Engineering Work. Perform or direct all phases of engineering work required in connection with the functions of the city;

E. Contract Work. Approve for acceptance after proper inspection all contract work let by the city affecting streets, alleys;

F. Other Duties. Perform such other duties as may be required by the city manager. (Ord. 357 (part), 1974)

X. Department of Police

2.04.450 Created.

The department of police is created. (Ord. 375 (part), 1974)

2.04.460 Chief – Appointment.

The police department shall be under the direct supervision of a chief of police who shall be appointed by the city manager. (Ord. 375 (part), 1974)

XI. Director of Finance

2.04.600 Powers and duties. Revised 11/19

The power and duties of the director of finance are as follows:

A. With respect to the city’s accounting and necessarily related matters, the director of finance shall act within the official and professional rules of his or her profession and may not be directed to act contrary to those rules.

B. The director of finance prepares, or supervises preparation of, the city and redevelopment agency’s annual financial report(s); oversees annual independent audits; and interfaces with independent auditor(s).

C. The director of finance conducts, directs and/or oversees all investigative and corrective accounting projects.

D. As requested, the director of finance advises and consults with the city treasurer on accounting and financial matters relative to his or her office. The director of finance is not staff to the city treasurer, but works closely with and assists that office. The director of finance may serve as the city treasurer.

E. “Finance” and “financial” primarily refers to accounting, reporting and information management aspects of city/agency fiscal activities and procedures related to those activities. It does not include providing advice as to the social desirability of any proposed expenditure over another.

F. Pursuant to Government Code Section 37209, the director of finance shall have the powers and duties otherwise vested in the city clerk under the Government Code Sections 37203, 37205, 37207, 37208, 40802 and 40804. (Ord. 1028 § 1 (part), 2019: Ord. 830 § 1, 2001)


1

Code reviser’s note: Section 5 of Ord. 1032 reads: “This ordinance shall be in full force and take effect after the next general municipal election when new terms begin in December 2020.”