2 2.34.040 Excessive Absences
A member shall be deemed to have excessive absences if the member has either: (1) Three (3) absences; or (2) Absences from twenty percent (20%) or more of the regular meetings within any twelve (12)-month period, whichever is greater.
Excessive absences shall constitute grounds for the City Council to declare the office vacant. A member who incurs excessive absences may have their office declared vacant by the City Council, following notice and an opportunity to be heard. A declaration of vacancy shall be made by majority vote of the City Council at a duly noticed public meeting.
2.34.050 Removal
A. Members may be removed by a majority vote of the City Council unless otherwise expressly provided in this Code.
B. Grounds for removal may include, but are not limited to, misconduct; violation of applicable, including conflict of laws; failure to maintain required qualifications; or inability to perform the duties of the position.
C. Excessive absences shall be addressed pursuant to Section 2.34.040 and may result in a declaration of vacancy rather than removal.
D. Prior to removal, the member shall be provided with notice and an opportunity to be heard.
2.34.060 Oath of Office – Procedures - Administering
The City Manager shall coordinate the administering of the oath of office for all members. The Mayor shall administer the oath of office for all members, and in the absence of the Mayor, the City Clerk shall administer the oath of office for all members prior to taking office.
2.34.070 – Membership – Expiration.
Members shall serve until their successors are appointed and qualified. If a member’s term has expired and a successor has not been appointed, the City Council may declare the position vacant and proceed with an appointment. Vacancies shall otherwise be filled in accordance with Chapter
2.32.010 of this Code.
2.34.080 Conflicts
This chapter shall control unless otherwise required by state law or expressly provided in a specific chapter of this Code.
SECTION 3. Section 2.16.010 of the Daly City Municipal Code is hereby repealed and replaced to read as follows:
2.16.010 Creation—Members—Term—Vacancy.
An arts and culture commission is created and shall consist of five members who shall be appointed by the city council and serve at the council's pleasure, none of whom shall hold any paid office or employment in the city government. Members shall be qualified electors of the city and shall serve for a term of four years. The four-year terms of the commission members shall be staggered. In
3 order to achieve staggered terms, two of the members first appointed to the commission shall be assigned by lot a term for two years and the remaining commission members shall be assigned by lot a term for four years. All members must remain residents of the city while serving on the arts and culture commission. Members shall be compensated in accordance with Section 2.34.020 of this Code. Any vacancy occurring other than by expiration of a term of office shall be filled by city council appointment for the unexpired portion of the term.
SECTION 4. Section 2.18.090 of the Daly City Municipal Code is hereby repealed and replaced to read as follows:
2.18.090 Removal of members.
Notwithstanding Section 2.34.050 of this Code, any member of the planning commission may be removed from office upon the approval of such removal by a four-fifths vote of the city council.
A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term.
SECTION 5. Section 2.18.110 is hereby added to the Daly City Municipal Code to read as follows:
2.18.110 Compensation.
Members shall be compensated in accordance with Section 2.34.020 of this Code.
SECTION 6. Section 2.20.020 of the Daly City Municipal Code is hereby repealed and replaced to read as follows:
2.20.020 - Membership—Appointment—Compensation.
The city recreation commission shall consist of five members, to be appointed by the mayor, subject to the confirmation of the city council. Members shall be compensated in accordance with Section 2.34.020 of this Code.
SECTION 7. Section 2.20.040 of the Daly City Municipal Code is hereby repealed and replaced to read as follows:
2.20.040 - Membership—Vacancy or removal.
Members may be removed in accordance with Chapter 2.34.050 of this Code. If a vacancy occurs, other than by expiration of a term, it shall be filled by the mayor's appointment and confirmation by the city council for the unexpired portion of the term.
SECTION 8. Section 2.20.041 of the Daly City Municipal Code is hereby added to read as follows:
2.20.041 – Membership – Expiration.
Members shall serve until their successors are appointed and qualified. If a member’s term has expired and a successor has not been appointed, the City Council may declare the position vacant
4 and proceed with an appointment. Vacancies shall otherwise be filled in accordance with Chapter
2.32.050 of this Code.
SECTION 9. Section 2.26.030 of the Daly City Municipal Code is hereby repealed and replaced to read as follows:
2.26.030 - Membership—Appointment—Compensation.
The city library board of trustees shall consist of five members and shall be filled by city council appointment. Members shall be compensated in accordance with Section 2.34.020 of this Code.
SECTION 10. Section 2.38.130 of the Daly City Municipal Code is hereby repealed and replaced to read as follows:
2.38.130 - Membership—Appointment.
In the event a personnel board is created pursuant to Section 2.38.120, it shall consist of five members to be appointed by the city council. No person shall be appointed to such board who holds any salaried public office or employment. The members of the personnel board shall be qualified electors of the city and shall be compensated in accordance with Section 2.34.020 of this Code.
SECTION 11. Section 2.38.150 of the Daly City Municipal Code is hereby repealed and replaced to read as follows:
2.38.150 - Membership—Vacancy filling.
Vacancies on the personnel board from whatever cause shall be filled by appointment by the city council for the unexpired term. Each member of the board shall serve until his successor is appointed and qualified. Notwithstanding Section 2.34.050 of this Code, removal of members shall require a four-fifths vote of the City Council.
SECTION 12. Section 2.52.030(G) of the Daly City Municipal Code is hereby repealed and replaced to read as follows:
Section 2.52.030(G)
Commissioners shall be compensated in accordance with Section 2.34.020 of this Code.
SECTION 13. Section 2.58.030 of the Daly City Municipal Code section is hereby repealed and replaced to read as follows:
2.58.030 - Membership—Term—Expenses.
Each commission member shall serve for a term of four years. The four-year terms of the commission members shall be staggered. In order to achieve staggered terms, two of the members first appointed to the commission shall be assigned by lot a term for two years and the remaining commission members shall be assigned by lot a term for four years. The members shall be compensated in accordance with Section 2.34.020 of this Code.
5 SECTION 14. Section 2.58.080 of the Daly City Municipal Code is hereby repealed and replaced to read as follows:
2.58.080 - Removal of members—Vacancy.
Members may be removed in accordance with Section 2.34.050 of this Code. Any vacancy occurring other than by expiration of a term of office shall be filled by city council appointment for the unexpired portion of the term.
SECTION 15. Section 2.60.020 of the Daly City Municipal Code is hereby repealed and replaced to read as follows:
2.60.020 - Membership—Term—Expenses.
Each commission member shall serve for a term of four years. The four-year terms of the commission members shall be staggered. In order to achieve staggered terms, two of the members first appointed to the commission shall be assigned by lot a term for two years and the remaining commission members shall be assigned by lot a term for four years. Members shall be compensated in accordance with Section 2.34.020 of this Code.
SECTION 16. Section 2.60.070 of the Daly City Municipal Code is hereby repealed and replaced to read as follows:
2.60.070 - Removal of members—Vacancy.
Members may be removed in accordance with Section 2.34.050 of this Code. Any vacancy occurring other than by expiration of a term of office shall be filled by city council appointment for the unexpired portion of the term.
SECTION 17. Environmental Determination. The City Council of the City of Daly City finds and determines that the implementation of measures described in this Chapter is in furtherance police powers of the City of Daly City, and that these purposes are exempt from the provisions of the California Environmental Quality Act (CEQA); Chapter 3 (commencing with Section 21100) of Division 13 of the Public Resources Code, as provided in categorical exemption Classes 1, 4, 5, 7, 8, 9, and or 21 of the CEQA Guidelines (Title 14, California Code of Regulations, Sections 15301-15329).
SECTION 18. Effective Date and Publication: Pursuant to the provisions of Government Code Section 36933, a summary of this ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary, and (2) post it in the City Clerk’s office a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the City Clerk shall (1) publish the summary and (2) post in the City Clerk’s office a certified copy of the full text of this ordinance along with the names of those City Council members voting for and against this ordinance or otherwise voting. This Ordinance shall be in full force and effect thirty (30) days from and after its passage.
6 SECTION 19. Severability: If any section, subsection or sentence of this Ordinance is found by a court of competent jurisdiction to be invalid or unlawful, the City Council finds and declares that the remainder of this ordinance would be and is enforceable and would have been adopted notwithstanding the finding of invalidity as to any section, subsection or sentence.
Introduced this 11th day of May , 2026.
Passed and adopted as an Ordinance of the City of Daly City at a regular meeting of the City Council of the City of Daly City held on the day of , 2026, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
MAYOR OF THE CITY OF DALY CITY