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HomeMy WebLinkAbout171I %5� %J ORDINANCE NO. 171 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS ESTABLISHING PROVISIONS FOR THE FILING OF CLAIMS AGAINST THE CITY, BONDS FOR PUBLIC OFFICIALS, COUNCIL PROCEDURES AND SUBDIVISION PROCEDURES, REPEALING ORDINANCES AND PORTIONS THEREOF INCONSISTENT HEREWITH, AND REPEALING VARIOUS OTHER ORDINANCES NO LONGER NECESSARY. The City Council of the Town of Los Altos Hills does hereby ordain as follows: CHAPTER I. CLAIMS AGAINST THE CITY SECTION 1 General The provisions of this chapter recognize that the general claim procedures applicable to local public agencies, including this City, are governed by the provisions of Chapter 1 of Division 3.6 of the California Government Code, commencing with Section 900 and following. SECTION 2 Special Claims Procedures Pursuant to the authority contained in Section 935 of the State Government Code, the following claims procedures are established for those claims against the City for money or damages not now governed by State or local laws: (a) Employee Claims. Notwithstanding the exceptions contained in Section 905, the State Government Code, all claims by public officers or employees for fees, salaries, wages, overtime pay, holiday pay, compensating time off, or vacation pay, sick leave pay, and any other expenses or allowances claimed due from the City, when a procedure for processing such claims FD91N D. FAISANT ATTCRI" A' ALO AILTO, CALIF. P Is 51 I...... ` -1- v is not otherwise provided by State or local laws, shall be presented within the time limitations and in the manner prescribed by Sections 910 through 915.2 of the State Government Code. Said claims shall further be subject to the provisions of Section 945.4 of the State Government Code relating to the prohibition of suit in the absence of presentation of claims and action thereon by the Council. (b) Contract and Other Claims. In addition to the requirements of subsection (a) of this section, and notwithstanding the exemptions set forth in Section 905 of the State Government Code, all claims against the City for damages or money, when a procedure for processing such claims is not otherwise provided by State or local laws, shall be presented within the time limitations and in the manner prescribed by Sections 910 through 915.2 of the State Government Code. Said claims shall further be subject to the provisions of Section 945.4 of the State Government Code relating to the prohibition of suit in the absence of presentation of claims and action thereon by the Council. SECTION 3 Filing R0SIN O. FAISANT ALTO. CALIF. 94304 PALO 4151 31B-6999 All claims or demands against the City shall be filed with -2- 160 4 the City Clerk and shall be presented by him to the Council at the next regular meeting thereof, for approval or rejection, whether in whole or in part, if such presentation is required by law. SECTION 4 Claims Covered by Insurance All claims filed with the City Clerk which are covered by insurance shall be forwarded by him after action thereon by the Council to the appropriate insurance carrier for handling and further processing. SECTION 5 payments If the Council approves a claim or demand, in whole or in part, the Clerk -Treasurer shall cause a warrant to be drawn upon the City Treasury for the amount allowed. There shall be required upon all checks, drafts or warrants issued for and on behalf of the City, such signatures as shall from time to time be specified by resolution of the City Council. SECTION 6 Authorization To Approve Claims The City Clerk -Treasurer of the City is hereby authorized to approve and pay all claims against the City found by him to be covered by appropriated and unencumbered funds of the City and to be in compliance with law, except for those claims required by ROBIN D. iAISANT -3- %W .0 law to be approved by the Council, and to sign all checks, drafts or warrants for and on behalf of the City for the payment of claims. There shall be required upon all checks, drafts or warrants issued for and on behalf of the City, such signatures as shall from time to time be specified by resolution of the City Council. SECTION 7 Facsimile Signatures Facsimile signatures on checks, drafts or warrants of the City in lieu of personal signatures are hereby authorized; provided, however, that upon all checks, drafts or warrants issued for and on behalf of the City the personal signature of at least one authorized officer shall be required to approve said check, draft or warrant. SECTION 8 Purchases, Supplies or Services (a) All demands, invoices or claims for purchases, supplies or services included within budgetary appropriations shall be presented in writing to the Clerk -Treasurer. All such demands, invoices or claims shall be fully itemized and verified as just and correct by the claimant or his authorized agent. (b) Each demand shall bear the number of the purchase order issued for the materials or services rendered. ROBIN D. FAISANT AT -4- N J (c) Such demands, invoices or claims shall be audited by the Clerk -Treasurer, who shall prepare a register of audited demands. The affidavit of the Clerk -Treasurer shall be attached to such register, certifying to the accuracy of the register. (d) Such demands, invoices or claims shall be subject to approval by the City Manager. CHAPTER II. OFFICIAL BONDS SECTION 1 Officers Bonded The City Manager and the City Clerk -Treasurer shall, before entering upon the duties of their respective offices, execute to the City, a corporate surety bond conditioned upon the faithful performance of their respective duties, in such amount or amounts as shall from time to time be fixed by resolution of the City Council. SECTION 2 Blanket Bonds All other officers and employees of the City, except those covered by SECTION 1 hereof, shall be covered under an honesty blanket position bond in a penal sum to be fixed from time to time by resolution of the City Council. SECTION 3 Execution and Premiums FO BIN O. FAISANT All bonds shall be executed by a responsible corporate FALD 1.1,1 „a::»;.2 . -5- 040 J surety, authorized to do business within the State of California, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. CHAPTER III CITY COUNCIL PROCEDURES SECTION 1 Regular Meetings The City Council shall hold regular meetings on the first and third Mondays in each month at the hour of 7:45 P.M. in the Council Chambers of the Town Hall, 26379 Fremont Road in the City, or in such other place within the City limits to which said meeting may be adjourned. If by reason of fire, flood, or other emergency, it shall be unsafe to meet in the Town Hall, the meetings may be held for the duration of the emergency at such other place as is designated by the Mayor or, if he should fail to act, by four members of the City Council. When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the following business day. SECTION 2 Special Meetings Special meetings may be called at any time by the Mayor, or by four members of the City Council, by delivering personally ROaIN D. FAISANT .-OR—T— or by mail written notice to each Councilman and to each local LLI,CALIF. 943C4 -6- newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four 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. Such written notice may be dispensed with as to any Councilman who at or prior to the time the meeting convenes files with the City Clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any Councilman who is actually present at the meeting at the time it convenes. SECTION 3 Meetings To Be Public -- Exception for Executive Sessions All regular and special meetings of the City Council shall be public; provided, however, the City Council may hold executive sessions during a regular or special meeting, from which the public may be excluded, for the purpose of considering the matters referred to in Section 54957 of the Government Code of the State of California. ROBIN O. FAISANT _F `R14�51 ]99699] 4 No member of the City Council, employee of the City, or any -7 v J other person present during an executive session of the Council shall disclose to any person the content or substance of any discussion which took place during said executive session unless the City Council shall authorize the disclosure of such information by majority vote. SECTION 4 Agenda All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Council at a regular meeting shall be delivered to the City Clerk not later than 10 o'clock A.M. on the Wednesday preceding the meeting. The City Clerk shall prepare the agenda of all such matters under the direction of the City Manager. The agenda shall be delivered to the Councilmen on the Friday preceding the Monday Council meeting to which it pertains and shall be made available to the public no later than 8:30 A.M. on the day of the meeting. Matters to be considered at any special meeting shall be delivered to the City Clerk at least twenty-four hours in advance of the meeting. The City Manager may place on the agenda for any regular or special meeting any item which he deems of interest to the F091N O. FAISANT •".•"•• Council. PALM wls . CAL1 aao.a 10 V w1 SECTION 5 Council Correspondence (a) Availability to the Public. Correspondence addressed to the City Council which is received by the City Clerk or any other officer or employee of the City shall not become a public record until received and filed by the Council at a regular, special or adjourned meeting of the Council. Correspondence received in the City Clerk's office or other offices after 10 o'clock A.M. on the Wednesday preceding a regular Council meeting shall not be placed on the agenda unless it concerns a matter to be considered by the Council at the next regular meeting or is determined by the Mayor or the City Manager to be an urgent matter which should be brought to the immediate attention of the Council. Correspondence shall not be read aloud at a Council meeting unless requested by a majority vote of the Council. (b) Mailing to Council. The City Manager shall forward to each member of the Council a copy of each item of correspondence, such mailing to take place, if possible, not later than the Wednesday preceding the meeting at which such correspondence will be considered. ROBIN O. FAISANT ALO 'LTD. CALIF. P It SI 310 6333 (c) Authority of City Manager. The City -9- V VJ Manager is authorized to open and examine all mail or other written communications addressed to the City Council and to give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Council action may be acted upon between Council meetings. SECTION 6 Order of Business The business of the Council shall be taken up for consideration and disposition in the following order: 1. Call to Order and Roll Call 2. Approval of Minutes 3. Communications 4. Announcements by the City Manager 5. Scheduled Items, such as Public Hearings 6. Unscheduled Items 7. Presentations from the Floor 8. Resolutions 9. Ordinances 10. Warrants 11. Other Business by Councilmen 12. Adjournment ROBIN O. FAISANT R 1a n13aa-6]]] -10- The order of business shall not be changed except by majority vote of the Council. SECTION 7 Preparation of Minutes The City Clerk shall have exclusive responsibility for preparation of the minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council. SECTION 8 Reading of Minutes Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each Councilman with a copy. SECTION 9 Presiding Officer The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Councilmen present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment. Wherever in this chapter the term Mayor is used, it shall apply equally to ROSIN O. FAISANT ITTOR11Y AT LAW -11- V 4 the Presiding Officer as defined in this section. SECTION 10 Powers and Duties of Presiding Officer (a) Participation. The Presiding Officer may move, second, debate and vote from the Chair. (b) Seating Arrangement for City Council. The Mayor shall, following each Councilmanic election and at such other time as he may deem it necessary, establish the seating arrangement of the members of the Council. The Mayor Pro Tempore shall always be seated immediately next to the Mayor. (c) Question to be Stated. The Presiding Officer or such member of the City staff as he may designate shall verbally restate each question immediately prior to calling for the vote. Following the vote the Presiding Officer shall announce whether the question carried or was defeated. The Presiding Officer in his discretion may publicly explain the effect of a vote for the audience, or he may direct a member of the City staff to do so, before proceeding to the next item of business. (d) Signing of Documents. The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating his signature which were adopted in ROBIN O. FAISANT p 1< sl 310-6]3] -12- `d r/ his presence, unless he is unavailable, in which case the signature of an alternate Presiding Officer may be used. (e) Sworn Testimony. The Presiding Officer may require any person addressing the City Council to be sworn as a witness and to testify under oath, and the Presiding Officer shall so require if directed to do so by a majority vote of the Council. SECTION 11 Rules of Debate (a) Getting the Floor. Every Councilman desiring to speak shall first address the Chair, gain recognition by the Presiding Officer, and shall confine himself to the question under debate, avoiding personalities and indecorous language. (b) Questions to Staff. Every Councilman desiring to question the City staff shall, after recognition by the Presiding Officer, address his questions to the City Manager, the City Clerk, or the City Attorney, who shall be entitled either to answer the inquiry himself or to designate a member of his staff for that purpose. (c) Interruptions. A councilman, once recognized, shall not be interrupted when speaking unless called ROSIN O. FAI9ANT P `o1a151 339 6333 -13- to order by the Presiding Officer, unless a point of order or personal privilege is raised by another Councilman, or unless the speaker chooses to yield to a question by another Councilman. If a Councilman, while speaking, is called to order, he shall cease speaking until the question of order is determined and, if determined to be in order, he may proceed. Members of the City staff after recognition by the Presiding Officer shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. (d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Councilman to appeal to the Council. If an appeal is taken, the question shall be, 'Shall the decision of the Presiding Officer be sustained?' A majority vote shall conclusively determine such question of order. (e) Point of Personal Privilege. The right of a Councilman to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character or motives are questioned or where the welfare of the Council is concerned. A Councilman raising a point of personal privilege may interrupt another Councilman who has ROSIN O. FA15ANT PALO ALTO, CALIF. 94304 1s1.1 329 6333 -14- -15- %r J (b) Spokesman for Group of Persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesman be chosen by the group to address the Council and, in case additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council. (c) After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so from the Presiding Officer. SECTION 17 Rules of Decorum (a) Councilmen. While the Council is in session, the members must preserve order and decorum, and a member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Presiding Officer. Members of the Council shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer. R091N O. FAISANT PALO ALTO. A 61 328-6333 l^ -17- V vi (b) Employees. Members of the City staff and employees shall observe the same rules of order and decorum as are applicable to the City Council, with the exception that members of the City staff may leave their seats during a meeting without first obtaining the permission of the Presiding Officer. (c) Persons Addressing the Council. Any person making impertinent, slanderous, or profane remarks or who becomes boisterous while addressing the Council shall be called to order by the Presiding Officer and, if such conduct continues, may at the discretion of the Presiding Officer be ordered barred from further audience before the Council during that meeting. (d) Members of the Audience. Any person in the audience who engages in disorderly co nduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the Presiding Officer shall be guilty of a misdemeanor, and upon instructions from the Presiding Officer it shall be the duty of the Chief of Police or his authorized deputy to remove any such person from the Council Chamber and to place him under arrest. EOSIN O. FAISANT FALC A�C. CALIF. 94304 1416� 328-6333 mo iWo Ili (e) Persons Authorized to Approach Council Table. No preson except members of the Council and the City staff shall be permitted to approach the Council table during a meeting without the consent of the Presiding Officer. SECTION 18 Enforcement of Decorum The Chief of Police, or such member or members of the Police Department as he may designate, shall carry out all orders given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meetings. Any Councilman may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require him to do so. SECTION 19 Motions - Second Required A motion by any member of the Council may not be considered by the Council without receiving a second. SECTION 20 Voting Procedure Any vote of the Council, including a roll call vote, may be registered by the members by answering 'Yes' for an affirmative vote or 'No' for a negative vote upon his name being called by the City Clerk. ...1N D. FAISANT ATTORITY IT ALO ALTD. CALIF. 9411134 P Ia , ........ -19- it 4 SECTION 21 Disqualification for Conflict of Interest Any Councilman who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Councilman affected, be decided by the other Councilmen. A Councilman who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter, but shall request and be given permission of the Presiding Officer to step down from the Council table. A Councilman stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. SECTION 22 Failure to Vote Every Councilman should vote unless disqualified by reason of conflict of interest. A Councilman who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon. RUSIN O. FAISANT ALO ALTO, ALI'. P (415) 333-6333 -20- SECTION 23 Tie Vote Tie votes shall be lost motions and may be reconsidered. SECTION 24 Changing Vote A member may change his vote only if he makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. A Councilman who publicly announces that he is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his abstention. SECTION 25 Reconsideration A motion to reconsider any action taken by the Council may be made only on the day such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion may be made only by one of the Councilmen who voted with the prevailing side. Nothing herein shall be cc nstrued to prevent any Councilman from making or remaking the same or any other motion at a subsequent meeting of the Council. SECTION 26 Ordinances. Resolutions and Contracts (a) All ordinances shall be prepared by the ROBIN O. FAIBANT p(0)61 328-6333 -21- 440 City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or requested by the Mayor, or City Manager, or prepared by the City Attorney on his own initiative. (b) Prior Approval by Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney and shall have been examined and approved for administration by the City Manager or his authorized representative. SECTION 27 Reading of Ordinances and Resolutions At the time of adoption of an ordinance or a resolution, it shall be read in full unless, after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Councilmen present. Such consent may be expressed by a statement by the Presiding Officer that 'if there is no objection, the further reading of the ordinance or resolution shall be waived'. If any Councilman so requests, the ordinance or resolution shall be read in full. CHAPTER IV. SECTION 1 SUBDIVISION PROCEDURES ...1N O. FAISA.T -x.11- Ordinance No. 69, passed and adopted by the City Council P^ 1.1S1 918.... -22- of the Town of Los Altos Hills on April 17, 1961 is hereby amended by amending Subsection 5:10(A) thereof to read as follows: "(A) Within a period of eighteen (18) months after approval or conditional approval of the tentative map, the subdivider may cause the subdivision, or any part thereof, to be surveyed and a final map to be prepared in accordance with the tentative map as approved. Upon application of the subdivider to the City Council an extension of not exceeding two (2) years may be granted by the Council. Any failure to with the County Recorder record a final map/within eighteen (18) months from the approval or conditional approval of the tentative map or any extension thereof granted by the Council, shall terminate all proceedings. Before a final map may thereafter be recorded, a new tentative map shall be submitted." SECTION 2 Except as hereby amended said Ordinance No. 69, as amended by various other ordinances, shall remain in full force and effect. CHAPTER V. REPEALS The City Council of the Town of Los Altos Hills hereby finds and determines that the following listed ordinances are no longer necessary, and each of them is therefore hereby repealed: ROBIN O. FAISANT PALO a] (41S) 33]-6333 -23- R0BIN O. FAISANT P NII I ... cs33 p Ordinance No. Date of Adoption 3 February 4, 1956 g herr ii ;� i9i6 16 June 2, 1956 19 September 1, 1956 21 August 14, 1956 22 August 20, 1956 25 September 29, 1956 38 August 31, 1957 40 October 7, 1957 48 August 4, 1958 58 August 17, 1959 66 August 15, 1960 75 August 21, 1961 83 August 6, 1962 85 September 4, 1962 90 July 1, 1963 91 July 8, 1963 96 December 2, 1963 98 March 2, 1964 100 August 3, 1964 -24- Ordinance No. 101 108 109 114 115 118 121 123 124 126 134 140 143 144 152 154 155 CHAPTER VI. This ordinance shall be within the Town of Los Altos ROSIN D. FAISANT '4ISI 3211-6333 Date of Adoption August 17, 1964 August 2, 1965 August 30, 1965 July 18, 1966 July 18, 1966 February 6, 1967 May 15, 1967 June 5, 1967 June 5, 1967 June 19, 1967 February 5, 1968 May 23, 1968 June 17, 1968 June 17, 1968 December 2, 1968 February 3, 1969 March 3, 1969 POSTING AND EFFECTIVE DATE posted in three (3) public places Hills and shall become effective -25- thirty (30) days following its adoption. I HEREBY CERTIFY that the foregoing ordinance was introduced at a regular meeting of the City Council of the Town of Los Altos Hills on the 18th day of May, 1970, and was thereafter, at a regular meeting of said Council, held on the 1st day of June, 1970, passed and adopted by the following roll call vote: AYES: Councilmen Aiken, Davey, Grabowski, Helgesson, Mayor Benson NOES: None ABSENT: None APPROVED: I yore 1 er Benson ROBIN D. FAISANT (41S) 320-6333 -26- ATTEST: 7ity rc, Ted J. f =ek