Watsonville City Council
February 13, 2024

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Member who refuses to become Mayor Pro Tempore, the Council Member next in line to become Mayor Pro Tempore shall be appointed as Mayor Pro Tempore.

The Mayor Pro Tempore shall assume the duties of Mayor during the absence or disability of the Mayor. [§ 500 Amended by voter petition initiative on 6/3/14. Measure I] SECTION 501. POWERS AND DUTIES.

The Mayor shall be recognized as the official head of the City for all political, representative and ceremonial purposes, by the Courts for the purposes of serving civil processes, and by the Governor for military purposes. In time of public danger or emergency, the Mayorhe may direct the administration of the City government through the City Manager.

The Mayor shall be charged with the duty of making recommendations to the Council on all matters of policy and program which require Council decision, provided, that if ahe recommendations to any increases in the City budget, hethe Mayor shall recommend the method of financing such expenditures; and provided further, that if ahe proposales to curtailments of services, such recommendations and thehis reasons therefore shall be specific. The Mayor shall have the primary, but not exclusive, responsibility for interpreting the policies, programs and needs of the City government to the community. HeThe Mayor may also, on his own account, inform the community on any matters of policy or program which heis believesd to be for the welfare of the community makes necessary. It shall be the duty of the Mayor to represent the Council in its relationships with civic groups within the City, and by direction of the Council, he shall represent the City in its relationships with other governmental agencies on matters of policy and program.

The Mayor shall preside at meetings of the Council and shall have a vote as a member of the Council, but. He shall have no power to veto any ordinance or resolution adopted by the Council.

The Mayor shall have authority to preserve order at all Council meetings and to move or cause the removal of any person from any meeting of the Council for disorderly conduct, to enforce the rules of the Council, and to determine the order of business under the rules of the Council.

The Mayor shall exercise such other powers and perform such other duties as may be prescribed by the Council, not inconsistent with this Charter.

Nothing in this Section shall be construed in any way as an infringement or limitation on the powers and duties of the City Manager as chief administrative officer and head of the administrative branch of the City government as prescribed in other sections of this Charter. The Mayor shall possess only such authority over the City Manager and the administrative branch as he possesses as one member of the Council.

SECTION 502. SALARY.

In addition to the renumeration authorized by Section 405, the Mayor shall receive an additional 25% of that amount as compensation for services as Mayor. The Mayor Attachment 1

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shall receive as compensation for his services as such the sum of One Hundred and no/100th ($100.00) Dollars per month which shall be in addition to his remuneration as a member of the Council.

SECTION 503. DELETED PER "GOMEZ VS. CITY OF WATSONVILLE ORDER" 1989 SECTION 504. VACANCY.

If a vacancy occurs in the office of Mayor, the Mayor Pro Tempore shall become Mayor for the completion of the unexpired term as provided in Section 500.

The provisions of Section 1770 of the Government Code of the State of California as they now exist or may hereafter be amended shall govern the events which shall cause the existence of a vacancy.

If a vacancy occurs in the office of Mayor Pro Tempore, the Council shall forthwith appoint by resolution a Council Member to fill such vacancy who shall serve for the unexpired term. Such appointment shall be made from the next sequentially numbered Council District that is in line to become Mayor Pro Tempore as defined in Section 500.

In either case of a vacancy occurring in the office of Mayor or Mayor Pro Tempore, the Council Member that fills the vacant position maintains the right to serve a full term as Mayor or Mayor Pro Tempore, if that same Council Member is in line to serve either of said positions when the regular annual appointment process date occurs as established in Section 500. [§ 504 Amended by voter petition initiative on 6/3/14. Measure I] ARTICLE VI. LEGISLATION
SECTION 600. LEGISLATION: METHOD OF ACTION.

When so provided by this Charter, or by law, the rights and powers conferred upon the Council shall be exercised by ordinance. Each act of the Council establishing a fine or other penalty, imposing a new or additional tax, or granting a franchise, shall be by ordinance.

SECTION 601. ADOPTION OF ORDINANCES.

Each ordinance shall be introduced in writing. With the sole exception of ordinances which take effect upon adoption, referred to in this Article, no ordinance shall be adopted by the Council on the day of its introduction, nor within six (6) days thereafter, nor at any time other than a regular or adjourned regular meeting, nor until such ordinance shall have been published as required by this Charter. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting held not less than six (6) days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence.

SECTION 602. ORDINANCES: EMERGENCY.

Any ordinance declared by the Council to be necessary as an emergency measure for preserving the public peace, health or safety, and containing a statement of the Attachment 1

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reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least five (5) affirmative votes.

SECTION 603. ORDINANCES AND RESOLUTIONS: VOTE REQUIRED
No ordinance or resolution shall be passed or become effective without receiving the affirmative votes of at least four (4) members of the Council.

SECTION 604. ORDINANCES AND RESOLUTIONS: ROLL CALL VOTE.

A roll call vote shall be taken upon the passage of all ordinances and resolutions and be entered upon the journal of the proceedings of the Council. Upon request of any member, a roll call vote shall be taken and recorded on any vote. Whenever a roll call vote of the Council is in order, the Clerk shall call the names of the members in alphabetical order except that the name of the Presiding Officer shall be called last. All members present shall be required to vote unless disqualified, in which case the disqualification shall be publicly declared and a record thereof made.

SECTION 605. ORDINANCES: ENACTMENT.

The enacting clause of all ordinances shall be substantially as follows: "The Council of the City of Watsonville does ordain as follows".

SECTION 606. ORDINANCES AND RESOLUTIONS: SIGNING AND ATTESTING.

All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk.

SECTION 607. PUBLICATION OF ORDINANCES.

The City Clerk shall cause at least the title and a summary of each proposed ordinance, with the exception of those ordinances which take effect upon adoption referred to in this Article or as permitted by State law, to be published in a newspaper of general circulation in the City at least three (3) days prior to its adoption or if there is non,e the Clerk shall cause it to be posted or published as otherwise allowed in accordance with State law. The City Clerk shall cause at least the title and a summary of each ordinance which takes effect upon adoption to be published at least once in the official newspaper of the City within fifteen (15) days after its adoption.

SECTION 608. ORDINANCES: EFFECTIVE DATE.

No ordinance adopted by the Council shall become effective until thirty (30) days from and after the date of its adoption, except the following, which shall take effect upon adoption:
(a) An ordinance calling or otherwise relating to an election; (b) An improvement proceeding ordinance adopted under some law or procedural ordinance;
(c) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation, or levying the annual tax upon property;
(d) An emergency ordinance adopted in the manner provided for in this Article; (e) An ordinance annexing areas to the City; or
(f) An ordinance providing for a tax levy or appropriation for the usual current expenses of the City.

Attachment 1

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SECTION 609. ORDINANCES: AMENDMENT.

The amendment of any section or sections of an ordinance or code section may be accomplished solely by the reenactment of such section or sections at length, as amended.

SECTION 610. ORDINANCES: CODIFICATION.

The Council shall cause to be classified and codified under appropriate heads all general ordinances in force and cause the same to be printed in book, pamphlet, or looseleaf form for the use of the City, its officers and the public.

SECTION 611. ORDINANCES: VIOLATION AND PENALTY.

The Council may make the violation of its ordinances either (a) a misdemeanor which may be prosecuted in the name of the People of the State of California, or may be redressed by civil action and may prescribe punishment for such violation by a fine not to exceed the maximum amount provided in Government Code Section 36901 and Penal Code Section 19, including any amendments to these sections, or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment, or (b) an infraction which may be prosecuted in the name of the People of the State of California, or may be redressed by civil action and may prescribe punishment for such violation solely by a fine and not to exceed Five Hundred ($500.00) Dollars.

ARTICLE VII. THE CITY MANAGER
SECTION 700. CITY MANAGER.

There shall be a City Manager who shall be the chief executive officer and head of the administrative branch of the City government. HeThe City Manager shall be chosen on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practices with respect to the duties of histhe office as hereinafter set forth. He shall have at least one (1) year's previous experience as a City Manager, or three (3) years' previous experience as an Assistant City Manager in a city of comparable or larger size.Candidates shall have a minimum of 5 years of progressively responsible experience in an administrative, managerial, or staff capacity.

No member of the Council shall be eligible for appointment to the office of City Manager during their term for which he shall have been elected or appointed nor within one (1) year thereafter.

SECTION 701. APPOINTMENT AND REMOVAL.

The Council shall appoint the City Manager for an indefinite term and may remove him such person by a resolution adopted by at least four (4) affirmative votes.

SECTION 702. COMPENSATION.

The City Manager shall be paid a salary commensurate with his the responsibilities as chief executive officer of the City which salary shall be established by the Council.

Attachment 1

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SECTION 703. POWERS AND DUTIES.

The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Manager shall have power and be required to:
(a) Take a continuing interest in the effectiveness and economy of all administrative arrangements throughout the City;
(b) Insure that administrative activities with which two (2) or more departments are concerned are effectively coordinated;
(c) Appoint, suspend and/or remove, subject to the personnel provisions of this Charter, all department heads, officers and employees of the City except those department heads and officers appointment of whom is vested in the Council. The City Manager may authorize the head of any department or office to appoint or remove subordinates in such office; (d) Prepare the budget annually, submit it to the Council, and be responsible for its administration after its adoption;
(e) Prepare and submit to the Council as of the end of the fiscal year a comprehensive report on the finances and administrative activities of the City for the preceding year;
(f) Make and execute contracts on behalf of the City involving expenditures budgeted or appropriated by the Council, subject to such rules or regulations as may be adopted by the Council by ordinance or resolution; (g) Regularly meet with and communicate with a Council Members on various topics or agenda items, if requested by the Council Member; (hg) Keep the Council advised of the financial condition and future needs of the City and make such recommendations on any matter as may to him seem desirable;
(ih) See that the laws of the State pertaining to the City, the provisions of this Charter and the ordinances of the City are enforced;
(ii) Submit a monthly report to the Council covering significant activities of City agencies, offices and departments under his supervision and any significant changes in administrative rules and procedures promulgated by him; (jk) Submit special reports in writing to the Council in answer to any requests for information when requested of him by the Council; and (lk) Act as Director of Emergency Services pursuant to Watsonville Municipal Code section 4-2.03, as may be amended from time to time; and (m) Perform such other duties consistent with this Charter as may be required of him by the Council.

SECTION 704. PARTICIPATION IN OFFICIAL PROCEEDINGS.

The City Manager shall be accorded a seat at the Council table and at all meetings of boards and commissions and shall be entitled to participate in their deliberations but shall not have a vote. The City ManagerHe shall attend all regular and special meetings of the Council unless physically unable to do so or unless he has receivedupon prior approval for such absence from the Council.

Attachment 1

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SECTION 705. CITY MANAGER PRO TEMPORE.

The City Manager shall appoint, subject to the approval of the Council, one of the other officers or department heads of the City to serve as City Manager Pro Tempore during the temporary absence or disability of the City Manager. If the City Manager fails to make such an appointment, the Council shall designate an officer of the City to serve as City Manager Pro Tempore during the absence or disability of the City Manager.

ARTICLE VIII. OFFICERS AND EMPLOYEES
SECTION 800. CITY ADMINISTRATIVE ORGANIZATION.

The Council shall provide by ordinance, not inconsistent with this Charter, for the organization, conduct and operation of the several offices, departments and other agencies of the City. It may further provide by ordinance for the creation of additional departments, divisions, offices and agencies or for their alteration or abolition or for their assignment and reassignment to departments. Each new department so created shall be headed by an officer as department head who shall be appointed by the City Manager and may be suspended and removed by the City Manager, except as otherwise provided by this Charter. Subject to the provisions of this Charter, the Council shall provide by ordinance or resolution for the number, titles, qualifications, powers, duties, and compensation of all officers and employees.

The Council by ordinance may assign additional functions or duties to officers, departments or other agencies established by this Charter, but shall not discontinue or assign to any other office, department, or any other agency any function or duty assigned by this Charter to a particular office, department or agency. No office provided in this Charter to be filled by appointment by the City Manager shall be combined with an office provided in this Charter to be filled by appointment by the Council. When the positions are not incompatible, the Council may combine in one person the powers and duties of two (2) or more offices.

The City Manager, within the earliest practicable time following the effective date of this Charter, shall cause to be prepared and submitted to the Council, and the Council, by ordinance, shall adopt an administrative code. Such code shall provide for a complete plan of administrative organization of the City government, and provide for the powers, duties, responsibilities, obligations and procedures of the officers and employees of the City, including rules and regulations of the City departments adopted by ordinance. Such code may be adopted by reference.

Rules and regulations governing administrative procedures of the City government, such as those covering personnel, budgeting, accounting and purchasing methods, shall be included in the administrative code. The code shall be amended by ordinance as necessary or advisable to keep it up to date. Sufficient copies shall be available for all officers of the City and other interested citizenspersons.

Notwithstanding the foregoing, the Council may transfer or consolidate functions of the City government to or with appropriate functions of the State or County government and in case of any such transfer or consolidation, the provisions of this Charter providing for the function of the City government so transferred or consolidated shall be deemed Attachment 1

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suspended during the continuance of such transfer or consolidation, to the extent that such suspension is made necessary or convenient and is set forth in the ordinance establishing such transfer or consolidation. Any such transfer or consolidation may be repealed by ordinance.

SECTION 801. ENUMERATION.

The officers of the City shall consist of the Mayor, the Councilmen Members, the City Manager, the City Attorney, the City Clerk and such other officers, assistants, deputies and employees as the Council may provide.

SECTION 802. APPOINTMENT AND REMOVAL.

The City Attorney and City Clerk shall be appointed by and may be removed by the affirmative votes of at least four (4) members of the Council. Except as otherwise provided in this Charter, all other officers, department heads and employees of the City shall be appointed by the City Manager and shall serve at his pleasure.

SECTION 803. CITY CLERK: POWERS AND DUTIES.

The City Clerk shall have the power and be required to:
(a) Attend all meetings of the Council and be responsible for the recording and maintaining of a full and true record of all the proceedings of the Council in books that shall bear appropriate titles and be devoted to such purpose; (b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published in accordance with this Charter;
(c) Maintain separate books, in which a record shall be made of all written contracts and official bonds;
(d) Keep all aforementioned books documents properly indexed and open to public inspection when not in actual use;
(e) Be the custodian of the seal of the City;
(f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of the official records;
(g) Have charge of all City elections;
(h) Be responsible for the publication of all official advertising of the City; and (i) Perform such other duties consistent with this Charter as may be required of him by the Council.

SECTION 804. CITY ATTORNEY: POWERS AND DUTIES.

The City Attorney shall have power and be authorized and required to:
(a) Represent and advise the Council and all City officers in all matters of law pertaining to their offices;
(b) Represent and appear for the City in any or all actions and proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee or former City officer or employee in any or all actions and proceedings in which any such City officer or employee is Attachment 1

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concerned or is a party, for any action arising out of his employment or by reason of this official capacity;
(c) Attend all meetings of the Council and give his advice or opinion in writing whenever requested to do so by the Council or by any of the boards or officers of the City as authorized by Council;
(d) Approve the form of all bonds given to and all contracts made by the City, endorsing his approval thereon in writing;
(e) Prepare all proposed ordinances, contracts and other legal instruments for the City;
(f) Prosecute on behalf of the City all cases for violation of the Charter, City ordinances and other City laws and regulations;
(g) Perform such other legal duties consistent with this Charter as may be required of him by the Council; and
(h) Upon vacating the office, surrender to histhe successor all books, papers, files and documents pertaining to the City's affairs.

To become eligible for appointment as City Attorney, the appointee shall have been admitted to practice as an attorney at law before the Supreme Court of the State of California, and shall have been engaged in the practice of law for at least two (2) years immediately prior to his appointment.

Nothing stated herein shall prohibit the Council from employing other attorneys to take charge of any litigated matter or to assist the City Attorney therein. The Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein.

SECTION 805. COMPENSATION.

The compensation of all City officers and employees, except as otherwise provided in this Charter, shall be by salary to be fixed by ordinance or resolution. No officer or employee shall be allowed any fees, perquisites, emoluments, rewards or compensation for the performance of histheir official duties aside from the salary or compensation as fixed by the Council, but all fees received by himthem in connection with theirhis official duties shall be paid by him into the City treasury. The provisions of this Section shall not preclude officers and employees from being reimbursed for actual and necessary expenses incurred while performing official business of the City when said expenses have been authorized or approved by the Council or the City Manager.

SECTION 806. OATH OF OFFICE.

Each officer of the City, before entering upon the duties of thehis office, shall take the oath of office as provided for in the Constitution of this State, and shall file the same with the City Clerk.

SECTION 807. ADMINISTERING OATHS.

Each department head and his deputy shall have the power to administer oaths and affirmations in connection with any official business pertaining to thathis department.

Attachment 1

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SECTION 808. OFFICIAL BONDS.

The Council shall fix by ordinance the nature, amount and terms of the official bonds of all officials or employees who are required by ordinance to qualify for such bonds; provided, however, that all officers and employees having custody or control of public funds shall be required to be bonded. All bonds shall be executed by a responsible corporate surety, 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.

SECTION 809. FINANCIAL INTEREST PROHIBITED.

The provisions of Article 4, Chapter 1, Division 4, Title 1 of the Government Code of the State of California as the same now exists or may hereafter be amended, relating to prohibitions applicable to specified officers, shall apply in the City.

SECTION 810. NEPOTISM.

The Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the second degree of any one or more of the members of such Council nor shall any department head or other officer having appointive power appoint any relative of his within such degree to any such position.

SECTION 811. DISCRIMINATION.

Except as otherwise provided by the general laws of this State heretofore or hereafter enacted, no person employed by the City or seeking employment therewith shall be employed, refused employment, promoted, demoted, disciplined or discharged or in any way favored or discriminated against because of political opinion or affiliations, or membership in a lawful employees association, or because of race or religious belief.

ARTICLE IX. BOARDS AND COMMISSIONS
SECTION 900. BOARDS AND COMMISSIONS: INTENTS AND PURPOSES.

Except as otherwise provided in this Article, the appointive boards and commissions established by or pursuant to this Charter are intended to serve as advisory bodies to the Council and the City Manager in carrying out their respective duties.

Membership on such bodies shall be representative of the entire community insofar as that is possible, and members on such boards commissions shall be willing to serve as a civic responsibility. No member of any advisory board or commission shall hold any paid office or employment in the City Government. In order to be eligible for appointment to any board or commission, a person shall be a qualified registered electora resident of the City. Any resident interested in appointment to the Planning Commission shall also be a qualified registered elector of the City. In addition to those boards and commissions herein provided, the Council may create by ordinance such advisory boards or commissions as in its judgment are required and may grant them such powers and duties as are consistent with the provisions of this Charter. In addition, the Council by motion adopted by at least four (4) affirmative votes, or the City Manager with the consent of the Council, may appoint from time to time such temporary committees as are deemed advisable to render counsel and advice to the appointing authorities on any designated matters or subject within the jurisdiction of such authorities.

Attachment 1

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Any vacancies in any board or commission, from whatever cause arising, shall be filled by appointment by the Council except as otherwise provided in this Article. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. The provisions of Section 1770 of the Government Code of the State of California as they now exist or may hereafter be amended shall govern the existence of a vacancy except that if a member of a board or commission absents himselfis absent from three (3) consecutive regular meetings of such board or commission, unless by permission of such board or commission expressed in its official minutes, histhat office shall become vacant and shall be so declared by the Council.

SECTION 901. APPROPRIATIONS.

The Council shall include in the annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of such boards and commissions.

SECTION 902. APPOINTMENTS.

The appointive boards and commissions created by or pursuant to this Charter shall be composed of seven (7) members. Each member of the Council shall appoint one member to each such board or commission subject to approval by resolution of the Council adopted by at least four (4) affirmative votes.

The members of each such board or commission shall be subject to removal by resolution of the Council adopted by at least four (4) affirmative votes. Except as otherwise provided by Charter or by Ordinance, the members thereof shall serve for a term of four (4) years and until their respective successors are appointed and qualified.

No person shall serve more than two (2) consecutive full terms on the same board or commission. No person who has served two (2) consecutive full terms on any board or commission shall be eligible for reappointment to the same board or commission until four years after the expiration of their second term. For purposes of this Section, a full term shall include one-half or more of any term.

Commencing December 1, 1994, members appointed to such boards and commissions shall be classified according to the term of office of the member of the Council making such appointment so that term of four (4) members would commence on December 1, 1994, and the term of three (3) members would commence on December 1, 1996. The respective terms of office of the four (4) and three (3) members of such boards and commissions in existence on either December 1, 1994, or December 1, 1996, as the case may be, shall terminate upon said date or until their respective successors are appointed and qualified. Their successors shall be appointed for a full term.

SECTION 903. EXISTING BOARDSCOMMISSIONS.

The respective terms of office of all members of the boards and commissions in existence at the time the amendment of Section 902 of this Charter takes effect shall terminate upon the effective date of said amendment to this Charter.

SECTION 904. MEETINGS: CHAIRMEN.

As soon as practicable following their original appointment, and following the first day of January of each year thereafter, each of such boards and commissions shall Attachment 1

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organize by electing one of its members to serve as presiding officer at the pleasure of such board or commission. Each board or commission shall hold regular meetings as provided by resolution of the Council and such special meetings as such board or commission may require. Except as is otherwise provided by the laws of this State, all proceedings shall be open to the public.

The affirmative or negative vote of a majority of the entire membership of such board or commission shall be necessary for it to take action.

Unless otherwise provided, the City Manager shall provide a secretary for the recording of the minutes of each of such boards and commissions who shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own procedural rules and regulations which shall be consistent with this Charter and copies of which shall be kept on file in the office of the City Clerk where they shall be available for public inspection. Each board or commission shall have the same power as the Council to compel the attendance of witnesses, to examine them under oath, to compel the production of evidence before it and to administer oaths and affirmations in any investigation or proceeding pending before it.

SECTION 905. COMPENSATION.

The members of boards and commissionsthe Planning Commission shall receive compensation as established by resolution of the Council, which may be amended from time to time. All other commission members shall serve without compensation for their services as such but shall receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have been authorized by the Council.

SECTION 906. PLANNING COMMISSION: ESTABLISHED.

There shall be a Planning Commission consisting of seven (7) members. Such officers as the Council shall designate, or their representatives, shall meet with the Planning Commission and participate in the discussions but shall not have a vote.

SECTION 907. PLANNING COMMISSION: POWERS AND DUTIES.

The Planning Commission shall have the power and duty to:
(a) Recommend to the Council after a public hearing thereon the adoption, amendment or repeal of a general plan or any part thereof, or the adoption, amendment or repeal of a specific plan for the physical development of the City, as such terms are defined by Chapter 3, Title 7, of the Government Code of the State of California, as may be amended;
(b) List and classify annually all proposed public improvements recommended by officers, departments, boards or commissions of the City and, not later than the first regular meeting of May of each year, recommend to the Council and the City Manager a coordinated program of proposed public improvements for the ensuing five (5) year period, according to a logical order of priority;
(c) Exercise such functions with respect to land use, including but not limited to planning, zoning, subdivisions, public buildings, recreation and parks, Attachment 1

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streets and housing, as may be prescribed by ordinance, not inconsistent with the provisions of this Charter;
(d) Recommend to the Council for adoption and implementation plans for the clearance, rehabilitation, redevelopment or renewal of sub-standard areas within the City;
(e) Recommend to the Council for adoption and implementation such plans as are designed to promote the most beneficial and orderly growth and development of the City; and
(f) Perform such other duties as may be prescribed by the Council not inconsistent with the provision of the Charter.

SECTION 908. PERSONNEL COMMISSION: ESTABLISHED.

There shall be a Personnel Commission consisting of seven (7) members none of whom, while a member of the Commission, or for a period of one (1) year after the termhe has ceased for any reason to be a member, shall be eligible for appointment to any salaried office or employment in the service of the City.

SECTION 909. PERSONNEL COMMISSION: POWERS AND DUTIES.

The Personnel Commission shall have the power and duty to:
(a) Act in an advisory capacity to the Council and the City Manager or other appointive power on matters relating to personnel administration; (b) Recommend to the Council upon request, the adoption, amendment or repeal of the personnel rules and regulations referred to in Section 1002 of this Charter;
(c) Hear appeals of any officer or employee holding a regular position in the competitive service pertaining to suspension, demotion, dismissal or disciplinary action as provided for in Article X;
(d) Make any investigation which it may consider desirable concerning the conditions of employment and the administration of personnel in the municipal service and report its findings to the Council, the City Manager and any other appointive power; and
(e) Perform such other duties relating to Personnel matters as may be prescribed by the Council not inconsistent with the provisions of this Charter.

SECTION 910. BOARD OF LIBRARY TRUSTEESLIBRARY COMMISSION:

ESTABLISHED: POWERS AND DUTIES.

There shall be a Board of Library TrusteesLibrary Commission consisting of seven (7) members which shall have the power and duty to:
(a) Have charge of the administration ofAct in an advisory capacity to the City Council and City Manager in all maters pertaining to City libraries and make and enforce such by-laws, rules and regulations as may be necessary therefore;
(b) Designate its own secretary;
(cb) Consider the annual budget for library purposes during the process of its preparation and make recommendations with respect thereto to the Council and the City Manager;
Attachment 1

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(dc) Purchase and acquireRecommend and set policy for acquisition of books, journals, maps, publications and other supplies peculiar to the needs of the library, subject, however, to the limitations of the budget for such purposes.

The expenditure and disbursement of funds for such purchases shall be made and approved as elsewhere in the Charter provided; (de) Accept money, personal property or real estate donated to the City for library purposes, subject to the approval of the Council and City Manager; (fe) Contract with schools, county or other governmental agencies to render or receive library services or facilities, subject to the approval of the Council; and
(fg) Perform such other duties relating to library matters as may be prescribed by the Council not inconsistent with the provisions of this Charter.

SECTION 911. PARKS AND RECREATION COMMISSION: ESTABLISHED.

There shall be a Parks and Recreation Commission consisting of seven (7) members. In the event the Council contracts with other agencies interested in parks and recreation for the joint exercise of any such functions, it shall provide for representation on the Parks and Recreation Commission from such agencies during the existence of such contract or extensions thereof.

SECTION 912. PARKS AND RECREATION COMMISSION: POWERS AND DUTIES.

The Parks and Recreation Commission shall have the power and duty to:
(a) Act in an advisory capacity to the Council and the City Manager in all matters pertaining to parks and recreation;
(b) Consider the provisions of the annual budget for park and recreation purposes during the process of the preparation of the budget and make recommendations with respect thereto to the City Manager and Council; (c) Formulate and recommend to the Council and the City Manager a parks and recreation program for the inhabitants of the City which will contribute to the attainment of the general educational and recreational objectives for children and adults of the City, promote and stimulate public interest therein, and to that end, solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested in therein; (d) Formulate and recommend to the Council and the City Manager policies for the acquisition, development and improvement of parks and playgrounds and for the planning, care and removal of trees and shrubs in all parks, playgrounds and streets;
(e) Recommend to the Council and the City Manager as to the acceptance or rejection of offers of donations of money, personal property or real estate to be used for park and recreation purposes; and
(f) Perform such other duties relating to park and recreation matters as may be prescribed by the Council not inconsistent with the provisions of this Charter.

Attachment 1

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ARTICLE X. PERSONNEL SYSTEM
SECTION 1000. MERIT SYSTEM.

All appointments to and promotions within the administrative service of the City shall be based upon merit and fitness which shall be ascertained by means of recognized personnel selection techniques. The Council shall establish by ordinance a personnel merit system for the selection, employment, classification, advancement, suspension and discharge of those appointive officers and employees who are included in the Competitive Service by the provisions of this Charter. Following the adoption of an ordinance establishing the personnel merit system, appointments and promotions in the Competitive Service of the City shall be made from eligible lists to be established by examination in accordance with personnel rules and regulations adopted in the manner provided in this Charter.

SECTION 1001. COMPETITIVE AND GENERAL SERVICE.

The administrative service of the City shall be divided into the General Service and the Competitive Service.
(a) The General Service shall comprise the following offices and positions:
(1) All elective offices;
(2) All members of boards and commissions;
(13) The City Manager, the City Clerk, the City Attorney, and head of each department;
(24) Persons employed for a special or temporary purpose; and positions of any class or grade exempted from the competitive service for a maximum period of six (6) months in any calendar year;
(35) Persons employed retained to render professional, scientific, technical or expert services of an occasional or exceptional character;
(46) Part time positions or employments, school crossing guards, and voluntary personnel.Persons employed on a part time basis and all volunteers.
(b) The Competitive Service shall consist of all positions in the City administrative service which are not in the General Service.

SECTION 1002. PERSONNEL RULES AND REGULATIONS.

The Council shall implement the personnel system by adopting rules and regulations governing its administration.

SECTION 1003. STATUS OF EXISTING EMPLOYEES.

Any person who, on the effective date of this Charter, holds a position or employment included in the Competitive Service as defined by this Charter, and who has been performing the duties of a certain classification for a period of at least six (6) months immediately prior thereto, shall acquire competitive status in said classification.

Any person who, on the effective date of this Charter, holds a position or employment not included in the Competitive Service by the provisions of this Charter, and who has been performing the duties of said position for a period of at least six (6) months immediately prior thereto, shall be entitled, upon request, to assume regular status in the Attachment 1

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Competitive Service under this Charter in a position the duties of which shall be prescribed by the Council. All other persons who, on the effective date of this Charter, hold a position or employment included in the Competitive Service as defined by this Charter shall have a probationary status in the personnel system.

SECTION 1004. SUSPENSION, DEMOTION AND DISMISSAL.

An officer or employee holding a regular position in the Competitive Service may be suspended without pay, demoted or removed from theirhis position for malfeasance, misconduct, incompetence, inefficiency, or for failure to perform the duties of his their position or to observe the established rules and regulations in relation thereto, or to cooperate reasonably with his superiors or fellow employees, or as may be otherwise provided in the Personnel Rules and Regulations, but subject to the right to a hearing before Personnel Commission in the manner set forth herein.

Upon his request an officer orAn employee who is suspended, demoted or removed shall be given in writing the reasons for his suspension, demotion or removal.

He The employee shall be allowed a reasonable time for answering the same and may demand a public hearing upon the charges before the Personnel Commission. Such hearings shall be held in accordance with procedures established thereforein the City’s Personnel Rules and Regulations.

The findings and recommendations of the Personnel Commission with respect to hearings shall be transmitted to the appointing authority for final decision.

SECTION 1005. PROHIBITIONS.

No officer or employee of the City shall engage or participate in political activities of any kind during any such person's working hours and while assigned to work.

SECTION 1006. PENSION AND RETIREMENT SYSTEM.

The City, its Council and its several officers and employees are hereby vested with the power to do and perform any act, and to exercise any authority granted, permitted or required under the provisions of the State Employees' Retirement ActPublic Employees’ Retirement Law, as it now exists or hereafter may be amended, to enable the City to continue as a contracting City under the State Employees' Retirement SystemCalifornia Public Employees Retirement System, and, in addition, to participate in any pension system now or hereafter existing under the laws of the United States of America to which municipal officers and employees are eligible.

Participation in any such plan or retirement benefits shall not be extended to any officer or employee theretofore retired except by approval of the Council; provided, however, that no person heretofore retired shall be deprived of his existing pension rights.

No retirement or pension plan, heretofore or hereafter established, may be discontinued or terminated except under authority granted by an ordinance adopted by a majority vote of the electors of the City voting on such proposition at an election at which such proposal is presented, unless such action has been approved by a majority vote of the members affected.

Attachment 1

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SECTION 1007. COMPULSORY ARBITRATION FOR FIRE DEPARTMENT EMPLOYEE DISPUTES.

It is hereby declared to be the policy of the City of Watsonville that strikes by firefighters are not in the public interest and should be prohibited, and that a method should be adopted for peacefully and equitably resolving disputes that might otherwise lead to such strikes.

If any firefighter employed by the City of Watsonville willfully engages in a strike against the City, said employee shall be dismissed from his or her employment and may not be reinstated or returned to City employment except as a new employee. No officer, board, council or commission shall have the power to grant amnesty to any employee firefighter charged with engaging in a strike against the City.

The City, through its duly authorized representatives, shall negotiate in good faith with the recognized fire department employee organization on all matters relating to the wages, hours, and other terms and conditions of City employment, including the establishment of procedures for the resolution of grievances submitted by either employee organization over the interpretation or application of any negotiated agreement including a provision for binding arbitration of those grievances. Unless and until agreement is reached through negotiations between the City and the recognized employee organization for the fire department or a determination is made through the arbitration procedure hereinafter provided no existing benefit or condition of employment for the members of the fire department bargaining unit shall be eliminated or changed, except as to individual employee discipline.

All disputes or controversies pertaining to wages, hours, or terms and conditions of employment, which remain unresolved after good faith negotiations between the City and the fire department employee organization shall be submitted to a three-member Board of Arbitrators upon the declaration of an impasse by the City or by the recognized employee organization involved in the dispute.

Representatives designated by the City and representatives of the recognized employee organization involved in the dispute, controversy or grievance, shall each select one arbitrator to the Board of Arbitrators within three (3) days after either party has notified the other, in writing, that it desires to proceed to arbitration. The third member of the Arbitration Board shall be selected by agreement between the two arbitrators selected by the City and the employee organization, and shall serve as the neutral arbitrator and Chairman of the Board. In the event that the arbitrators selected by the City and the employee organization cannot agree upon the selection of the third arbitrator within ten (10) days from the date that either party has notified the other that it has declared an impasse, then either party may request the State of California Conciliation ServiceCalifornia State Mediation & Conciliation Service to provide a list of seven (7) persons who are qualified and experienced as labor arbitrators. If the arbitrators selected by the City and the employee organization cannot agree within three (3) days after receipt of such list on one (1) of seven (7) to act as the third arbitrator, they shall alternatively strike names from the list of nominees until only one name remains and that person shall then become the third arbitrator and chairman of the Arbitration Board.

Attachment 1

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Any arbitration convened pursuant to this section shall be conducted in conformance with, subject, and governed by Title 9 of Part 3 of the California Code of Civil Procedure.

At the conclusion of the arbitration hearings, the Arbitration Board shall direct each of the parties to submit, within such time limit as the Board may establish, a last offer of settlement on each of the issues in dispute. The Arbitration Board shall decide each issue by majority vote by selecting whichever last offer of settlement on that issue it finds most nearly conforms with those factors traditionally taken into consideration in the determination of wages, hours, and other terms and conditions of public and private employment, including, but not limited to, changes in the average consumer price index for goods and services, the wages, hours, and other terms and conditions of employment of other employees performing similar services, and the financial condition of the City and its ability to meet the cost of the award.

After reaching a decision, the Arbitration Board shall mail or otherwise deliver a true copy of its decision to the parties. The decision of the Arbitration Board shall not be publicly disclosed and shall not be binding until ten (10) days after it is delivered to the parties. During that ten-day period the parties may meet privately, attempt to resolve their differences, and by mutual agreement amend or modify any of the decisions of the Arbitration Board. At the conclusion of the ten-day period, which may be extended by mutual agreement between the parties, the decision of the Arbitration Board together with any amendments or modifications agreed to by the parties shall be publicly disclosed and shall be binding upon the parties. The City and the recognized employee organization shall take whatever action is necessary to carry out and effectuate the award.

The expenses of any arbitration convened pursuant to this section, including the fee for the services of the Chairman of the Arbitration Board, shall be borne equally by the parties. All other expenses which the parties may incur individually are to be borne by the party incurring such expense.

ARTICLE XI. FISCAL ADMINISTRATION
SECTION 1101. FISCAL YEAR.

Unless otherwise provided by ordinance, the fiscal year of the City shall begin on the first day of July of each year and end on the thirtieth day of June of the following year.

SECTION 1102. TAX SYSTEM.

The Council shall provide a system for the assessment, levy and collection of city taxes upon property. The Council may by ordinance adopt at any time any provision made by the general laws of the State of California for the assessment, levy and collection, or either, of the City taxes by and through the officers of the County, or other public agency.

SECTION 1103. BUDGET: PREPARATION AND SUBMISSION.

At least thirty (30) days prior to the beginning of each fiscal year, the City Manager shall submit to the Council a proposed budget for the ensuing fiscal year. The budget shall provide a complete financial plan for the budget year. It shall include the following:

Attachment 1

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(a) An itemized statement of estimated income and revenues from all sources for the year which the budget is to cover;
(b) An itemized statement of the proposed expenditures recommended by the City Manager for each office, department, or agency for the year which the budget is to cover;
(c) The probable amount required to be levied and raised by property taxation; and
(d) Such other information as the City Manager may deem essential, or as the Council may require.

SECTION 1104. BUDGET: PUBLIC HEARING.

Upon receipt of the proposed budget from the City Manager, the Council shall proceed to consider the proposed budget and may increase, decrease or omit any item or insert new items therein. Before adopting the budget, the Council shall fix the time and place for holding a public hearing on the proposed budget and shall cause a notice thereof to be published not less than ten (10) days prior to said hearing in a newspaper of general circulation in the City or if there is none, the Clerk shall cause it to be posted or published as otherwise allowed according to State law. by at least one (1) insertion in the official newspaper of the City. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten (10 ) days prior to said hearing. At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, the Council shall hold a public hearing on the proposed budget at which interested persons desiring to be heard shall be given such opportunity.

SECTION 1105. BUDGET: FURTHER CONSIDERATION AND ADOPTION.

After the conclusion of the public hearing, the Council shall further consider the proposed budget and make any revisions thereto that it may deem advisable; provided, however, that if it shall increase the total proposed expenditures, the Council shall also increase the total anticipated revenues, but not beyond the reasonably anticipated revenues, so that the same, together with reasonable expected surpluses will at least equal such total expenditures. Thereafter, but prior to the beginning of the ensuing fiscal year, the Council shall adopt the budget with revisions, if any. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. A copy of the adopted budget, certified to by the City Clerk, shall be placed on file in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for use of all officers, offices, departments and other agencies of the City and for use by civic organizations.

SECTION 1106. TAX LEVY.

The Council shall determine the amount of money required to be raised by a tax sufficient to meet the obligations of the City to the State Employees’ Retirement System, or other system for the retirement of City Employees, as described in Section 1122 herein.

The tax shall not exceed 7.7 cents on each One Hundred and no/100th ($100.00) Dollars of assessed value. ad valorem municipal property taxation and shall fix the ad valorem municipal tax rate on or before August 31 of each year and certify the same to the County authorities if the County system of ad valorem assessment and tax collection is used by the City.

Attachment 1

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SECTION 1107. BUDGET. APPROPRIATIONS.

From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several offices, agencies and departments for the respective objects and purposes therein specified. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, except as otherwise provided by this Charter.

At any meeting after the adoption of the budget the Council may amend or supplement the budget so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not appropriated in the budget.

No officer, department or agency of the City shall, during any fiscal year, expend or incur any obligation to expend money for any purposes not authorized by or in excess of the amounts appropriated by any budget, as amended, for a given classification or expenditure.

SECTION 1108. BUDGET MESSAGE: CURRENT OPERATIONS.

The budget message submitted by the City Manager to the Council shall be explanatory of the budget, shall contain an outline of the proposed financial policies of the City for the budget year and shall describe in connection therewith the important features of the budget plan. It shall set forth the reasons for salient changes from the previous year in cost and revenue items and shall explain any major changes in financial policy.

SECTION 1109. BUDGET MESSAGE: CAPITAL IMPROVEMENTS.

As a part of the budget message, with relation to the down-payments and other proposed expenditures for capital projects as stated in the budget, the City Manager shall include a statement of pending capital projects and proposed new capital projects, relating the respective amounts proposed to be raised therefor by appropriations in the budget, and the respective amounts, if any, proposed to be raised therefor from other sources during the budget year.

SECTION 1110. BUDGET MESSAGE: CAPITAL PROGRAM.

The City Manager shall also include in the message, or attach thereto, a program of proposed public improvements for the ensuing five (5) year period prepared by the Planning Commission in accordance with Section 907 (b), together with his comments thereon.

SECTION 1111. FUNDS: GENERAL FUND.

All moneys paid into the City treasury shall be credited to and kept in separate funds in accordance with the provisions of this Charter, State law or ordinance. For the purpose of this Charter, the "General Fund" is established as a medium of control and accounting for City activities other than activities authorized or contemplated by special funds. All revenue and receipts which are not by this Charter, State law or ordinance pledged for special purposes shall be credited to the General Fund.

Attachment 1

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SECTION 1112. FUNDS: CASH BASIS.

The Council shall maintain a revolving fund to be known as the "Cash Basis Fund" for the purpose of placing the payment of the running expenses of the City on a cash basis. A reserve shall be built up in this fund from any available sources other than restricted funds in an amount which the Council deems sufficient with which to meet all lawful demands against the City for the first five (5) months or other necessary period of the succeeding fiscal year prior to the receipt of ad valorem tax revenues. Transfers may be made by the Council from such fund to any other fund or funds of such sum or sums that may be required for the purpose of placing such funds as nearly as possible on a cash basis. All moneys so transferred from the Cash Basis Fund shall be returned thereto before the end of the fiscal year.

SECTION 1113. FUNDS: CAPITAL OUTLAYS FUND.

A fund for capital outlays generally is hereby created to be known as the "Capital Outlays Funds". The Council may create by ordinance or resolution a special fund or funds for a special capital outlay purpose. The Council may levy and collect taxes for capital outlays and may include in the annual tax levy a levy for such purposes in which event it must apportion and appropriate to any such fund or funds the moneys derived from such levy. It may not, in making such levy, exceed the maximum tax rate provided for in this Charter unless authorized by the affirmative votes of a majority of the electors voting on the proposition at any election at which such question is submitted. The number of years in which such increased levy is to be made shall be specified in such proposition.

The Council may transfer to any such fund any unencumbered surplus funds remaining on hand in the City at any time.

Once created such fund shall remain inviolate for the purpose for which it was created; if for capital outlays generally, then for any such purposes, and if for a special capital outlay, then for such purpose only, unless the use of such fund for some other capital outlay purpose is authorized by the affirmative votes of a majority of the electorate voting on such proposition at a general or special election at which such proposition is submitted.

If the purpose for which any special capital outlay fund has been created has been accomplished, the Council may transfer any unexpended or unencumbered surplus remaining in such fund to the fund for capital outlays generally, established by this Charter..

SECTION 1114. OTHER FUNDS.

The Council may provide, by ordinance, for the establishment and maintenance of such other special funds as it deems necessary for the proper administration of the fiscal affairs of the City.

SECTION 1115. INDEPENDENT AUDIT.

The Council shall employ at the beginning of each fiscal year an independent accountant, who holds a valid license from the California State Board of Accountancy, who shall audit the books, records and accounts of all officers and employees of the City who receive, administer or disburse public funds, and such other officers, employees, departments and agencies as the Council may direct. Such audit shall be made at such Attachment 1

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times as may be prescribed by the Council, but shall be at least annually and shall be a complete continuous audit. The Council shall have the right to order a special audit of any particular department or division of the City government at any time. Such accountant at all times shall abide by the current and most accepted standards of municipal accounting.

As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by such independent accountant to the Council, one (1)copy thereof to be distributed to each member thereof, one (1) copy to the City Manager and City Attorney, respectively, three (3) copies to be placed on file in the office of the office of the City Clerk where they shall be available for public inspection, together with as many more such copies as may be required.

SECTION 1116. BONDED DEBT LIMIT.

The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of fifteen (15%) per cent of the total assessed valuation for purposes of City taxation of all the real and personal property within the City, exclusive of any indebtedness that has been or may hereafter be incurred for the purposes of acquiring, constructing, extending or maintaining municipal utilities for which purpose a further indebtedness may be incurred by the issuance of bonds, subject only to the provisions of the State Constitution and of this Charter.

No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative votes of two-thirds (2/3) of the electors voting on such proposition at any election at which the question is submitted to the electors and unless in full compliance with the provisions of the State Constitution and of this Charter.

SECTION 1117. PUBLIC BID REQUIREMENTS.

Every expenditure of City moneys for public works construction as hereafter defined of more than that amount set forth in Section 20162 of the Public Contracts Code of the State of California shall be let to the lowest responsible bidder after notice of publication in the official newspaper by one (1) or more insertions, the first of which shall be at least ten (10) days before time for opening bids; provided, however, that upon adoption of ordinance by the Council the "Uniform Public Construction Cost Accounting Act" set forth in Chapter 2 (commencing with Section 21000) to Part 3 of Division 2 of the Public Contracts Code, an alternative public bidding procedure, shall be enacted to have the City be subject to such procedure notwithstanding other procedure set forth in this Section.

The Council may reject any and all bids presented and may re-advertise in its discretion. The Council after rejecting bids, or if no bids are received, may declare and determine that, in its opinion, based on estimates approved by the City Manager the work in question may be performed better or more economically by the City with its own employees and after the adoption of a resolution to this effect by at least five (5) affirmative votes of the Council may proceed to have said work done in the manner stated, without further observance of the provisions of this Section.

Attachment 1

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Such expenditures may be made without advertising for bids, if such expenditures shall be deemed by the Council to be of urgent necessity for the preservation of life, health or property and shall be authorized by resolution passed by at least five (5) affirmative votes of the Council and containing a declaration of the facts constituting the urgency.

All bids for public works construction shall be accompanied by either a certified or cashier's check or a bidder's bond executed by a corporate surety authorized to engage in such business in California made payable to the City. Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified, then in an amount not less than ten (10%) percent of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract within the time specified in the notice inviting bids or specifications referred to therein, the amount of the bidder's security may be declared forfeited to the City and may be collected and paid into its General Fund and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund.

For the purposes of this Section, public works construction shall be defined as a project for the erection or improvement of public buildings, streets, drains, sewers, parking lots, parks or playgrounds, provided, however, that expenditures for the extension, improvement or development of the City water system shall be excepted from the requirements of this Section. Maintenance or repair of public buildings, streets, drains, sewers, parking lots, parks or playgrounds shall not be considered as public works construction. The provisions of this Section shall not apply to materials, supplies or equipment obtained or purchased from any governmental agency, or for materials, supplies or equipment which can be obtained from only one vendor.

All bids shall be sealed and be filed with the officer in charge of the purchasing function no later than the opening time specified in the notice inviting bids, who shall receive and be custodian of such bids and keep the same confidential until they are opened and declared.

All bids shall be publicly opened and declared at the time and the place fixed in the notice inviting bids.

Thereafter, the bids shall be tabulated and analyzed by the officer in charge of the purchasing function, who shall submit them, together with recommendations thereon, to the City Manager. The City Manager shall review the bids and submit them to the Council, along with his recommendations, at the next regular meeting of the Council.

The Council shall have the right to waive any informality or minor irregularity in a bid.

SECTION 1118. CONTRACTS FOR OFFICIAL ADVERTISING.

The Council shall let annually contracts for the official advertising of the City for the ensuing fiscal year. In the event there is more than one daily newspaper of general circulation published and circulated in the City, the Council shall advertise for one (1) day, in one (1) or more such papers, setting forth distinctly and specifically the work contemplated to be done, and asking for sealed proposals therefore. The proposals shall Attachment 1

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specify the type and spacing to be used at the rate or rates named in the bids. The Council shall let the contracts for such official advertising to the lowest responsible bidder publishing a daily newspaper in the City which is a newspaper of general circulation and has been in existence at the time of awarding the contract at least one (1) year; provided that the Council may reject any or all bids and advertise for new bids.

SECTION 1119. PRESENTATION OF DEMANDS.

Demands against the City shall be presented and audited as prescribed by ordinance. No suit shall be brought for money or damages against the City or any board, commission, or officer thereof until a claim or demand for the same has been presented and such claim and demand has been rejected in whole or in part. If rejected in part suit may be brought to recover the whole. Failure to complete action approving or rejecting any claim or demand within sixty (60) days from the day the same is presented shall be deemed a rejection thereof.

SECTION 1120. CENTRALIZED PURCHASING PROCEDURE.

Under the control and direction of the City Manager there shall be established a centralized purchasing system for all City departments and agencies, which system shall be consistent with all the provisions of this Charter. When making purchases for the City, merchants with places of business located within the City shall be given preference if service, quality and prices are equal.

SECTION 1121. REGISTERING WARRANTS.

Warrants on the City treasury which are not paid for lack of funds shall be registered. All registered warrants shall be paid in the order of their registration when funds therefore are available and shall bear interest from the date of registration at such rate as shall be fixed by the Council.

SECTION 1122. TAX LIMITS.
(a) General. The Council shall not levy a property tax for municipal purposes in excess of One and fifty five/100ths ($l.55) Dollars on each One Hundred and no/100ths ($100.00) Dollars of the assessed value of taxable property in the City, except as otherwise provided in this Section, unless authorized by the affirmative votes of a majority of the electorate voting on a proposition to increase such levy at any election at which the question of such increased levy for municipal purposes is submitted to the electors. The number of years for which such increased levy is to be made shall be specified in such proposition.
(ab) Additional Taxes. There shall be levied and collected, as additional taxes, at the time and in the same manner as other property taxes for municipal purposes are levied and collected if no other provision for the same is made:
(1) A tax sufficient to meet all liabilities of the City for principal and interest of all bonds or judgments due and unpaid, or to become due during the ensuing fiscal year, which constitute general obligations of the City; and
(12) A tax sufficient to meet all obligations of the City to the State Employees' Retirement System, or other system for the retirement of Attachment 1

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City employees, due and unpaid or to become due during the ensuing fiscal year.
(23) The tax provided for in Subdivision (b)(2) of this section shall not be collected at a rate exceeding 7.7 cents on each One Hundred and no/100th ($100.00) Dollars of assessed value.

SECTION 1123. CONTROL AND USE OF MUNICIPAL UTILITY FUNDS.

All revenue derived from the operation of each municipal utility shall be kept separate and apart from all other moneys of the City and shall be applied in the following order:
(a) For the payment of interest on the bonded debt incurred for the construction, acquisition, operation or extension of such utility;
(b) For the payment, or provision for the payment, of the principal of said debt as it may become due;
(c) For capital expenditures of such utility;
(d) For the annual payment into the Depreciation Reserve Fund of a sum which, according to the estimate of the City Manager, and approved by the Council, shall be sufficient to meet the normal depreciation of said utility. Such depreciation funds shall be used only for the replacement, betterment or extension of said utility. Any reserve for depreciation of such utility accumulated prior to the effective date of this Charter shall be paid into said Depreciation Reserve Fund and shall be subject to the provisions of this Section covering said Fund;
(e) For the payment of the operating and maintenance expenses of such utility; and
(f) The remainder may be paid into the General Fund.

SECTION 1124. SALE OF PUBLIC UTILITIES.

No public utility now or hereafter owned or controlled by the City shall be sold, leased or otherwise transferred unless approved by the affirmative vote of the majority of the electors voting on such proposition at a general or special election at which such proposition is submitted.

ARTICLE XII. FRANCHISES
SECTION 1200. FRANCHISES TO OPERATE.

No person, firm or corporation shall exercise any public utility franchise right or privilege in the City except insofar as he or itthey may be entitled to do so by direct grant by the Constitution of the State of California or of the United States of America, unless he or itthey shall have obtained a grant therefore in accordance with the provisions of this Article of this Charter and in accordance with the procedure prescribed by ordinance. Until such a procedural ordinance shall hereafter be adopted, the method provided by any law of the State relative to the granting of a franchise of the character of that for which application is being made shall apply. Nothing contained in this Article shall be construed to invalidate any lawful franchise heretofore granted nor to necessitate the obtaining of a new franchise for a use for which a franchise holder shall have a valid unexpired franchise. Nothing contained in this Article shall be construed as applying to or requiring the operators of refrigeration or storage utilities or the carriers of freight or passengers Attachment 1

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not operating over a fixed route to obtain a franchise to operate within the City unless required so to do by ordinance of the City of Watsonville.

SECTION 1201. AUTHORITY TO GRANT FRANCHISES.

The Council is empowered to grant by ordinance a franchise to any person, firm or corporation, whether operating under an existing franchise or not, to engage in the business of furnishing the City and its inhabitants with any public utility or service, or to use the public streets, ways, alleys and places, as the same may now or may hereafter exist, either separately or in connection therewith.

SECTION 1202. FRANCHISE TERMS, CONDITIONS AND PROCEDURES.

The Council, by ordinance, shall prescribe the terms and conditions under which franchises will be granted, subject to the provisions of this Charter, and the procedure for granting franchises; provided, however, that such procedural ordinance or ordinances shall make provisions for the giving of public notice of franchise applications, for protests against the granting of such franchise and for public hearings on such applications.

The Council, in granting franchises, shall prescribe the terms and conditions of such franchises in accordance with the applicable provisions of this Charter and any ordinance adopted pursuant thereto, and may in such franchise impose such other and additional terms and conditions not in conflict with said Charter or ordinances, whether governmental or contractual in character, as in the judgment of said Council are in the public interest or as the people, by initiative, indicate they desire to have so imposed.

SECTION 1203. METHOD OF GRANTING FRANCHISE.

The Council may grant a franchise without calling for bids or may, in its discretion, advertise for bids for the sale of a franchise upon a basis, not in conflict with the provisions of this Article, to be set out in the advertisement for bids and notice of sale.

SECTION 1204. TERM OF FRANCHISE.

Every franchise shall be for either a fixed term or for an indeterminate period. If for a fixed term, the franchise shall state the term for which it is granted; if indeterminate, it shall set forth the terms and conditions under which it may be terminated.

SECTION 1205. PURCHASE OR CONDEMNATION BY CITY.

No franchise grant shall in any way or to any extent impair or affect the right of the City now or hereafter conferred upon it by law to acquire the property of the grantee thereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge either for a term or in perpetuity the City's right of eminent domain with respect to any public utility.

SECTION 1206. ADEQUATE COMPENSATION.

No new franchise or the renewal of an existing franchise shall be granted without reserving to the City just and adequate compensation.

Attachment 1

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SECTION 1207. EXERCISING RIGHT WITHOUT FRANCHISE.

The exercise by any person, firm or corporation of any privilege for which a franchise is required without procuring such franchise shall be a misdemeanor, and each such day that such condition continues shall constitute a separate violation.

SECTION 1208. ARTICLE NOT APPLICABLE TO THE CITY.

Nothing in this Article shall be construed to apply to the City, or any department thereof, when furnishing any public utility or service.

SECTION 1209. PRESERVATION OF RIGHTS.

Nothing contained in this Article shall be construed to affect or impair any rights, powers or privileges vested in, possessed by or available to the City by virtue of previous Charter provisions relating to franchises.

ARTICLE XIII. ELECTIONS
SECTION 1300. GENERAL MUNICIPAL ELECTIONS.

A General Municipal Election shall be held on the first Tuesday following the first Monday in November of each even numbered year, commencing with the year 1994, for the election of officers and for such other purposes as the Council may prescribe.

SECTION 1301. SPECIAL MUNICIPAL ELECTIONS.

All other municipal elections which may be held by authority of this Charter, or by any law, shall be known as Special Municipal Elections.

SECTION 1302. PROCEDURE FOR HOLDING ELECTIONS.

Unless otherwise provided by ordinances hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or may hereafter be amended, for the holding of elections in cities, insofar as the same are not in conflict with this Charter.

SECTION 1303. FIRST ELECTION UNDER CHARTER.

A Special Municipal Election shall be held for the election of the first Mayor and the first members of the Council under this Charter within one hundred and twenty (120) days following the approval of this Charter by the Legislature of the State of California.

SECTION 1304. INITIATIVE, REFERENDUM AND RECALL.

The powers of the initiative, the referendum and the recall of elected municipal officers are hereby reserved to the electors of the City. Unless otherwise provided by ordinances, hereafter enacted, the provisions of the Elections Code of the State of California, as the same now exist or may hereafter be amended, governing the initiative, the referendum and the recall of municipal officers, shall be applicable insofar as the same are not in conflict with this Charter.

Attachment 1

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ARTICLE XIV. SCHOOL SYSTEM
SECTION 1400. EFFECT OF CHARTER.

The organization, government and administration of the public school system in the City of Watsonville shall not be affected by the adoption of this Charter, but shall continue in existence as is now or hereafter prescribed by the Education Code of the State of California.

ARTICLE XV. GENERAL PROVISIONS
SECTION 1500. EFFECTIVE DATE OF CHARTER.

For the purpose of nominating and electing the first Mayor and the first Councilmen, the provisions of the Charter shall become effective when the concurrent resolution of the Legislature approving this Charter is filed with the Secretary of State. For all other purposes, it shall become effective at 8:00 o'clock P.M. on the first Tuesday following the date of the election of the first Mayor and first Councilmen. At such time the terms of all elective officers of the City under the preceding Charter shall terminate.

SECTION 1501. FIRST ELECTION UNDER CHARTER.

The legislative body of the City of Watsonville in office at the time this Charter is approved by the Legislature of the State of California shall provide for the holding of the first election of officers under this Charter as required by Section 1303 of this Charter and shall canvass the votes and declare the results.

SECTION 1502. VALIDITY OF CHARTER.

If any provision of this Charter, or the application thereof to any person or circumstance is held invalid, the remainder of the Charter and the application of such provision to other persons or circumstances shall not be affected thereby.

SECTION 1503. DEFINITIONS.

Unless the provisions or the context otherwise require, as used in this Charter:
(a) "Shall" is mandatory, and "may" is permissive;
(b) "City" is the City of Watsonville and "department", "board", "commission", "agency", "officer" or "employee" is a department, board, commission, agency, officer or employee, as the case may be, of the City of Watsonville; (c) "Council" is the City Council of the City of Watsonville; (d) A "member of the Council" means any one of the seven (7) members of the Council, including the Mayor;
(e) A "Councilman" or "Council Member" means any one of the seven (7) members of the Council, including the Mayor;
(f) "County" is the County of Santa Cruz;
(g) "State" is the State of California;
(h) "Newspaper of general circulation within the City" is as defined by Section 6000 of the Government Code of the State of California; (i) "He", "Him", "His" or any word in this Charter importing the masculine gender shall extend to and be applied to females as well as males; Attachment 1

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(ji) "District" means any one of seven geographical areas of the City divided for the purpose of electing members of the Council.
(jk) “Vacancy” means empty or unoccupied. A “vacancy” cannot begin or be in effect until there is no one in actual existence discharging the duties of the office. [§ 1503 (k) Amended by voter petition initiative on 6/3/14. Measure H] SECTION 1504. VIOLATIONS.

The violation of any provision of this Charter mayshall be deemed a misdemeanor and be punishable upon conviction by a fine of not exceeding One Thousand ($1,000.00) Dollars or by imprisonment for a term of not exceeding six (6) months or by both such fine and imprisonment."
SECTION 1505. AMENDMENTS TO CHARTER.

Amendments to this Charter shall be proposed and submitted to the electors of the City in the manner provided by the Constitution of the State of California.

SECTION 1506. PUBLICITY OF RECORDS.

All records and accounts of every office, department or other agency of the City shall be open to inspection by any citizenperson, any representative of an citizens' organization, or any representative of the press at all reasonable times and under reasonable regulations established by the City Manager, except records and documents the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish, or as otherwise exempted from disclosure pursuant to State law.

We do further certify and declare that the foregoing constitutes a true and correct statement of the actions and proceedings had by the City of Watsonville and the Board of Aldermen of said City, in the matter of the framing, proposal and submission of said proposed Charter for the government of the City of Watsonville, and in the calling, voting upon, and canvassing the returns and declaring the results of said election.

IN WITNESS WHEREOF, We have hereunto set our hands and hereto affixed the seal of said City of Watsonville, this 19th day of February, 1960.

Louis W. Gluhan
Mayor of the City of
Watsonville
ATTEST: Thomas J. Rowan
City Clerk of the City of Watsonville
Attachment 1

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CHARTER AMENDMENTS
Charter Adopted on February 16, 1960
Election (5/11/1965): Senate Concurrent Resolution No. 112 Amendment of Section 1114
Election (5/8/1973): Senate Concurrent Resolution No. 66 Amendment of Sections 408, 604, and 1117
Election (11/5/1974): Senate Concurrent Resolution No. 52 Amendment of Sections 402, 403, 601, and 611
Election (5/13/1975): Filed with Secretary of State on October 8, 1975-Verified Amendment of Sections 703, 904, 909, and 1002
Election (5/14/1985): Filed with Secretary or State on October 11, 1985 Amendment of Sections 403 and 1117
Election (6/3/1986): Filed with Secretary of State on September 4, 1986 Amendment of Section 1117
Election (6/7/1988): Filed with Secretary of State on July 15, 1988 Amendment of Section 405
Election (12/5/1989): Filed with Secretary of State on April 3, 1990 Amendment of Sections 402, 403, 413, 500, 902, 903, 908, 910, 911, 1005, 1300, and 1503
Election (11/5/1991): Filed with Secretary of State on May 13, 1992 Amendment of Sections 504, 611, 907, and 1504
Election (11/3/1992): Filed with Secretary of State on January 12, 1994 Amendment of Sections 402 and 1300
Election (11/8/1994): Filed with Secretary of State on April 28, 1995, Amendment of Sections 500, 902, 911, and 912
Election (11/3/1998): Filed with County Clerk on April 20, 1999, Amendment of Section 1007
Election (11/7/2006): Filed with County Clerk on December 30, 2006, Amendment of Section 1122
Election (6/3/2014): filed with the Secretary of State and Santa Cruz County Recorder on July 21, 2014 [Pursuant to Election Code Section 9269 & Government Code Sections 34459 & 34460]
Amendments of Section 406, 500, 504, & 1503(k)
Attachment 1

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Attachment 1

5/22/23, 1:29 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=2.&title=4.&part=1.&chapter=2.&article= 1/3 Code: Select Code Section: 1 or 2 or 1001 Search
34450.
34451.
34452.
34453.
34454.
34455.

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GOVERNMENT CODE - GOV
TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. )
Any city or city and county may enact, amend, or repeal a charter for its own government according to this article or Article 3 (commencing with Section 9255) of Chapter 3 of Division 9 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 63. Effective January 1, 1995.) The charter may be proposed by a charter commission chosen by the voters of the city or city and county, at any general or special election, but no person shall be eligible as a candidate for the commission unless he or she is a registered voter of the city or city and county. (Repealed and added by Stats. 1988, Ch. 357, Sec. 10.)
(a) An election for choosing charter commissioners may be called by a majority vote of the governing body of a city or city and county, or on presentation of a petition signed by not less than 15 percent of the registered voters of the city or city and county. The petition shall be verified by the authority having charge of the registration records of the city or city and county and the expenses of the verification shall be provided by the governing body thereof. The governing body shall call an election pursuant to Sections 1000 and 10403 of the Elections Code. (b) If any vacancy arises in a charter commission established for a city or city and county pursuant to this chapter, the vacancy shall be filled by an appointment by the mayor of the city or city and county. (Amended by Stats. 1994, Ch. 923, Sec. 64. Effective January 1, 1995.) At an election the voters shall vote first on the question “Shall a charter commission be elected to propose a new charter?” and, secondly, for the candidates of the office of charter commissioner. If the first question receives a majority of the votes of the qualified voters voting thereon at the election, the 15 candidates for the office of charter commissioner receiving the highest number of votes shall forthwith organize as a charter commission.

However, if the first question receives less than a majority of the votes of the qualified voters voting thereon at the election no charter commission shall be deemed to have been elected. (Repealed and added by Stats. 1988, Ch. 357, Sec. 10.)
Candidates for the office of charter commissioner shall be nominated either in the same manner provided for the nomination of officers of the municipal or city and county government, or by petition substantially in the same manner provided by general laws for the nomination by petition of candidates for public offices to be voted for at general elections.
(Repealed and added by Stats. 1988, Ch. 357, Sec. 10.)
The charter commissioners shall propose a charter and may propose amendments to a charter, for the government of the city or city and county. The charter so prepared shall be signed by a majority of the charter commissioners and shall be filed in the office of the clerk of the governing body of the city or city and county. (Repealed and added by Stats. 1988, Ch. 357, Sec. 10.)
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Attachment 2

5/22/23, 1:29 PM Codes Display Text
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34457.
34458.
34458.5.
34459.
34460.

In any city or city and county, the governing body shall cause copies of the charter to be printed in type of not less than 10-point. If the governing body causes copies of the proposed charter to be mailed to the voters, the text of the proposed charter may show the difference from existing provisions of law by the use of distinguishing type styles.
(Repealed and added by Stats. 1988, Ch. 357, Sec. 10.)
After the charter prepared by the charter commission has been filed in the office of the clerk of the governing body of the city or city and county pursuant to Section 34455, the proposed charter shall be submitted to the voters of the city or city and county at the next established statewide general election pursuant to Section 1200 of the Elections Code, provided there are at least 95 days before the election. (Amended by Stats. 2013, Ch. 184, Sec. 4. (SB 311) Effective January 1, 2014.) (a) As an alternative to the procedure provided for in Sections 34450 to 34457, inclusive, the governing body of a city or city and county, on its own motion may propose or cause to be proposed, amend or cause to be amended, or repeal or cause to be repealed, a charter, and may submit the proposal for the adoption, amendment, or repeal thereof, to the voters at the next established statewide general election pursuant to Section 1200 of the Elections Code, provided there are at least 88 days before the election, or, for a proposal described in paragraph (2) of subdivision (a) of Section 1415 of the Elections Code, at an election specified in that paragraph. (b) Prior to approving the submission to the voters of a proposal to adopt a charter, the governing body shall hold at least two public hearings on the matter of the proposal of a charter and the content of the proposed charter.

Notice of the public hearings shall be given by publication pursuant to Section 6066, in a newspaper designated by the governing body and circulated throughout the city, and by posting the notice in three public places within the jurisdiction at least 21 calendar days prior to the date of each public hearing. The second public hearing shall be held at least 30 days after the first public hearing. At least one of the public hearings shall be held outside of normal business hours to facilitate public participation. The governing body shall not conduct a vote on whether to approve the submission to the voters of the proposal to adopt a charter until 21 days after the second public hearing.
(Amended by Stats. 2013, Ch. 184, Sec. 5. (SB 311) Effective January 1, 2014.) A proposal to adopt or amend a charter, whether submitted to the voters pursuant to Section 34457 or 34458, shall include in the ballot description an enumeration of new city powers as a result of the adoption of the charter, including, but not limited to, whether the city council will, pursuant to an adopted charter, have the power to raise its own compensation and the compensation of other city officials without voter approval. (Added by Stats. 2011, Ch. 692, Sec. 6. (AB 1344) Effective January 1, 2012.) If the voters vote in favor of the charter proposal, amendment, or repeal, it shall be deemed to be ratified, but shall not take effect until accepted and filed by the Secretary of State pursuant to Section 34460. (Repealed and added by Stats. 1988, Ch. 357, Sec. 10.)
Three copies of the complete text of a charter proposal or of any amended or repealed section ratified by the voters of a city or city and county shall be certified and authenticated by the chairperson and the clerk of the governing body and attested by the city clerk, setting forth the submission of the charter to the voters of the city, and its ratification by them. One copy shall be recorded with the recorder of the county in which the city is located, and one filed in the archives of the city. In the case of a city and county, one copy shall be recorded with the recorder thereof, and one filed in the archives of the city and county. The third copy shall be filed with the Secretary of State. Each copy recorded with the recorder of the county or city and county and filed in the archives of the city or city and county shall be filed with the following:
(a) Certified copies of all publications and notices required of the city by this chapter or by the laws of this state in connection with the calling of an election to propose, amend, or repeal a city charter. (b) Certified copies of any arguments for or against the charter proposal, amendment, or repeal that were mailed to voters pursuant to Sections 9281 and 13303 of the Elections Code. (c) A certified abstract of the vote at the election at which the charter proposal, amendment, or repeal was approved by the voters.
(Amended by Stats. 2012, Ch. 330, Sec. 5. (SB 1090) Effective January 1, 2013.) Attachment 2

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34462.

A charter proposal, amendment, or repeal by the voters of a city or city and county and submitted to the Secretary of State in compliance with this chapter shall be accepted and filed by the Secretary of State. The charter proposal, amendment, or repeal shall be published in the statutes in a charter chapter series under the designation “Statutes of ____ (year), Charter Chapter ____. ” Under the chapter number, the date of the ratification election and the date of filing with the Secretary of State shall be indicated.

After a charter proposal, amendment, or repeal is accepted and filed by the Secretary of State, the courts shall take judicial notice thereof.
(Repealed and added by Stats. 1988, Ch. 357, Sec. 10.)
(a) A charter commission established for a city and county pursuant to this chapter shall complete a proposed or amended charter and submit the charter to the voters of the city and county within two years of the date of the election of the charter commissioners, and at the expiration of that period is abolished. (b) A charter commission may submit portions of the proposed or amended charter to the voters periodically. (Repealed and added by Stats. 1988, Ch. 357, Sec. 10.)
Attachment 2

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9255.
9256.
9257.

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ELECTIONS CODE - ELEC
DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9610] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) CHAPTER 3. Municipal Elections [9200 - 9295] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ARTICLE 3. City or City and County Charters [9255 - 9269] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) (a) A charter or charter amendment proposed by a charter commission, whether elected or appointed by a governing body, for a city or city and county shall be submitted to the voters at an established statewide general election pursuant to Section 1200, provided there are at least 95 days before the election. A charter commission may also submit a charter pursuant to Section 34455 of the Government Code. (b) Except as provided in paragraph (2) of subdivision (a) of Section 1415, the following city or city and county charter proposals shall be submitted to the voters at an established statewide general election pursuant to Section 1200, provided there are at least 88 days before the election:
(1) A proposal to adopt a charter, or an amendment or repeal of a charter, proposed by the governing body of a city or a city and county on its own motion.
(2) A recodification of the charter proposed by the governing body on its own motion, provided that the recodification does not, in any manner, substantially change the provisions of the charter. (c) The following city or city and county charter proposals shall be submitted to the voters at an established statewide general, statewide primary, or regularly scheduled municipal election pursuant to Section 1200, 1201, or 1301 occurring not less than 88 days after the date of the order of election:
(1) An amendment or repeal of a city charter proposed by a petition signed by 15 percent of the registered voters of the city.
(2) An amendment or repeal of a city and county charter proposed by a petition signed by 10 percent of the registered voters of the city and county.
(d) Charter proposals by the governing body and charter proposals by petition of the voters may be submitted at the same election.
(e) The total number of registered voters of the city or city and county shall be determined according to the county elections official’s last official report of registration to the Secretary of State that was effective at the time the notice required pursuant to Section 9256 was given.
(Amended by Stats. 2013, Ch. 184, Sec. 2. (SB 311) Effective January 1, 2014.) The proponents of a measure proposing to amend a charter shall publish or post, or both, a notice of intent to circulate the petition in the same form and manner as prescribed in Sections 9202, 9203, 9204, and 9205. The proponents shall also file an affidavit prescribed in Section 9206 with the clerk of the legislative body of the city, and, with respect to the petition, shall be subject to Section 9207. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
The petition signed by registered voters of the city or city and county proposing an amendment to a charter shall set forth in full the text of the proposed amendment, in no less than 10-point type. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Attachment 3

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9259.
9260.
9261.
9262.
9263.
9264.
9265.
9266.

The petition may be circulated in sections, but each section shall contain a correct copy of the text of the proposed amendment.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
Each signer of the petition shall sign it in the manner prescribed by Section 9020. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
The petition shall be in substantially the following form:

Petition for Submission to Voters of Proposed Amendment to the Charter of the City (or City and County) of ____ To the city council (or other legislative body) of the City (or City and County) of ____:

We, the undersigned, registered and qualified voters of the State of California, residents of the City (or City and County) of ____, pursuant to Section 3 of Article XI of the California Constitution and Chapter 2 (commencing with Section 34450) of Part 1 of Division 2 of Title 4 of the Government Code, present to the city council (or other legislative body) of the city (or city and county) this petition and request that the following proposed amendment to the charter of the city (or city and county) be submitted to the registered and qualified voters of the city (or city and county) for their adoption or rejection at the next statewide general, statewide primary, or regularly scheduled municipal election pursuant to Section 1200, 1201, or 1301.

The proposed charter amendment reads as follows:

First. (setting forth the text of the amendment) ____ (etc.) Signature Printed Name Residence Date
(Amended by Stats. 2013, Ch. 184, Sec. 3. (SB 311) Effective January 1, 2014.) Each section shall have attached thereto the affidavit of the person soliciting the signatures. This affidavit shall be substantially in the same form as set forth in Section 9022 and shall comply with Sections 104 and 9209. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
Each petition section shall consist of sheets of white paper, uniform in size, with dimensions no smaller than 8 1
/2 by 11 inches or greater than 8
1 /2 by 14 inches.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
The sheets comprising each petition section shall be fastened together securely and remain so during circulation and filing.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
A voter may withdraw his or her signature from a petition in the manner prescribed in Section 9602. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
The petition shall be filed with the elections official by the proponents, or by any person or persons authorized in writing by the proponents. All sections of the petition shall be filed at one time, and a petition section submitted subsequently may not be accepted by the elections official. The petition shall be filed (1) within 180 days from the date of receipt of the title and summary, or (2) after termination of any action for a writ of mandate pursuant to Section 9204, and, if applicable, receipt of an amended title or summary, or both, whichever comes later.
(Amended by Stats. 2002, Ch. 53, Sec. 2. Effective January 1, 2003.) After the petition has been filed, the elections official shall examine the petition in the same manner as are county petitions in accordance with Sections 9114 and 9115, except that, for the purposes of this section, Attachment 3

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9267.
9268.
9269.
references in those sections to the board of supervisors shall be treated as references to the legislative body of the city or city and county. The expenses of signature verification shall be provided by the governing body receiving the petition from the elections official.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
The proponent of a measure proposing to amend a charter may withdraw the charter amendment at any time before the 88th day before the election, whether or not the petition has already been found sufficient by the elections official.
(Added by Stats. 2019, Ch. 569, Sec. 3. (SB 681) Effective October 8, 2019.) Petitions that do not substantially conform to the form requirements of this article shall not be accepted for filing by the elections official.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
The conduct of election and publication requirements shall substantially conform with Part 1 (commencing with Section 10000) and Part 2 (commencing with Section 10100) of Division 10. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
Upon the completion of the canvass of votes, the governing body of a city or city and county shall pass a resolution reciting the fact of the election and such other matters as are enumerated in Section 10264. The elections official of the city or city and county shall then cause the adopted measures to be submitted to the Secretary of State pursuant to Sections 34459 and 34460 of the Government Code. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
Attachment 3

City Charter
Amendments
February 13, 2024
City Charter Subcommittee:

Mayor Pro Tempore Orozco
Council Member Salcido
Council Member Dutra

Charter Amendment Requirements
Government Code 34458 Requires:
• 3 Public Hearings
• First two hearing must be 30 days apart and one must be after business hours
• Third Hearing must be advertised 21 days prior to
meeting
2

In order to place a measure on the ballot for the November 2024 Election, Council must complete the Charter Amendment Process by August 2024. Staff recommends completion of the process by July 2024 to provide adequate time for drafting of ballot language and time to submit the measure to the County.

Timeline
3

In 2023, then Mayor Montesino appointed a subcommittee to review the City Charter and make recommendations to Council. Council is tasked with reviewing recommendations and directing staff on how to proceed.

The Committee Members are as follows:
-District 3 – Mayor Pro Tempore Orozco
-District 4 – Council Member Salcido
-District 6 – Council Member Dutra
2/8/2024 4
City Charter Review Subcommittee

The Committee reviewed the entire Charter and made recommendations based on the need to modernize City practices and create opportunities for more civic engagement. The Committee focused on creating inclusion, removing gender specific language, improving options for public participation, and addressing compensation challenges for City Council and City Commissions.

Proposed Changes
5

Proposed Changes
6 Charter Section Summary of Changes
Section 405 - Compensation Allow Council to consider obtaining fringe benefits in addition to increasing salary as
permitted by law
Section 408 – Meetings of the Council Remove requirement to hold 1 regular meeting each month and instead only require
a meeting that could be a special or
emergency meeting
Section 409 – Participation Remove registered voter status requirement for advisory commissions and committees
Section 502 - Salary Mayor to receive 25% more in salary than remainder of Council
Section 607 – Publication of Ordinances Update language to allow publication on any

Proposed Changes Continued
7 Charter Section Summary of Changes
Section 700 – City Manager Update qualification requirements Section 703 – City Manager Powers and Duties Include requirement to meet with Council Members and assign role of City Emergency
Operations Center (EOC) Director
Section 804 – City Attorney Powers and Duties Clarify City’s abilities to hire additional attorneys
Section 900 - Commissions Allow residents to be appointed to Commissions but continue requiring planning
commissioners to be registered voters.

Change Library Board to Commission.

Section 905 – Planning Commission
Compensation
Grant Council the ability to consider
compensation for Planning Commissioners
Section 910 – Board of Library Trustees Convert Library Board into a Commission

Proposed Changes Continued
8 Charter Section Summary of Changes
Section 1001 – Competitive and General
Service
Clarify General Service staff positions
Section 1002 – Personnel Rules and
Regulations
Deleted due to lack of relevance
Section 1004 – Suspension, Demotion, and
Dismissal
Add reference to City Rules and Regulations
Section 1106 – Tax Levy Prop 13 overrides this section, recommending removal
Section 1113 – Funds: Capital Outlays Fund Removes non-enforceable language Section 1118 – Contracts for Official
Advertising
Remove entire section as it is unnecessary and

Proposed Changes Continued
9 Charter Section Summary of Changes
Section 1122 – Tax Limits Remove Section 1122 (a) and Section 1122(b)(1) as not authorized post Proposition
13 Section 1202 – Franchise Terms, Condition,
and Procedures
Remove requirement to establish general
terms and conditions for franchises through
ordinance and instead consider franchises
individually
Section 1504 – Violations Replace “shall” with “may” to allow flexibility in imposing violations
Section 1506 – Publicity of Records Include language to refer to State policy regarding public records requests

Motion Directing staff to Set the Next Public Hearing for March 26, 2024 10 Recommendation:

Questions?

2/8/2024 6:28:19 PM
C:\Program Files\eSCRIBE\TEMP\18281541252\18281541252,,,COUNCIL MEMBER COMPENSATION ADJUSTMENT.docx Agenda Report
MEETING DATE: Tuesday, February 13, 2024
TO: City Council
FROM: CITY ATTORNEY ZUTLER
THROUGH: CITY MANAGER MENDEZ
SUBJECT: COUNCIL MEMBER COMPENSATION ADJUSTMENT
RECOMMENDED ACTION:

Introduce, for first reading only, waiving full reading of the text, Ordinance No. XXX-24, repealing Ordinance No. 1456-23 and replacing it with codified Ordinance No. XXX-24 setting the compensation for each member of the City Council and the Mayor.

BACKGROUND:

On June 29, 2023, Governor Newsom signed Senate Bill 329, which increases the maximum amount of salary that Councilmembers may receive. SB 329, codified at Government Code § 36515, went into effect on January 1, 2024. Compensation increases cannot be effective until a new or incumbent Council Member is seated so, at the earliest, December 2024.

DISCUSSION:

SB 329 amends Government Code section 36516 to increase the authorized maximum salary for each Council Member. The permitted increases are tied to population. Since Watsonville has a population of approximately 52,590, Section 36516 permits Watsonville Council Members to receive up to $1,600 per month. Any increases beyond $1,600 per month require voter approval. Watsonville Council Members currently receive $670.04 per month.

Section 405 of Watsonville’s Charter states that Council Members may receive an amount fixed by ordinance, “not to exceed the amount provided in the schedule set forth in Section 36516(a) of the Government Code, and as may be amended. Such amount shall constitute total compensation which may include fringe benefits.” Section 36516 allows Council Members to receive health and welfare benefits. Those benefits may be in addition to the salary permitted under Section 36516, and are not included for the purposes of determining the amount of salary, so long as the benefits are no more than those received by City staff.

2/8/2024 6:28:19 PM
C:\Program Files\eSCRIBE\TEMP\18281541252\18281541252,,,COUNCIL MEMBER COMPENSATION ADJUSTMENT.docx Section 405 indicates that any benefit paid to Council Members must be deducted from Council Members’ salaries, regardless of whether the City provides that same benefit to City staff. In this way, the City’s Charter allows Council Members to receive less total compensation than is permitted by the Government Code and Council Members in other general law cities.

The City’s Charter and Section 36516 permit the City Council to increase its salary to $1,600 by Ordinance. To receive healthcare or other benefits, in addition to the maximum salary permitted under 36516, the City must amend Section 405 of its Charter.

Section 502 of Watsonville’s Charter states that the Mayor will receive $100 in addition to their compensation as a Council Member, totaling their current salary to $770.06 per month. Thus, if the Council increases Council Member compensation to $1,600 per month, and makes no changes to its Charter, the Mayor may receive $1,700 per month.

However, the Charter Subcommittee is recommending that the Council authorize a ballot measure that, if passed, would amend two sections of the Charter affecting Council and Mayoral compensation: 1) Section 405 to permit Council Members and the Mayor to receive salary and benefits consistent with Section 36516; and 2) Section 502 to increase compensation for the Mayor to 25% in addition to the compensation received by Council Members. The attached ordinance is drafted to be consistent with the current Charter. It includes a provision that would permit any changes to Council and Mayor compensation authorized by the voters, without requiring amendment of the Ordinance.

SB 329 specifies that future increases in excess of the amounts in Section 36516 cannot exceed the greater of: (1) five percent per calendar year from the date of last adjustment; or (2) the amount of inflation since January 1, 2024, as determined by the California Consumer Price Index, not to exceed 10 percent per calendar year.1Increases beyond the amounts permitted by Section 36516 must be approved by the voters.2 Any increases in compensation do not take effect until a new or incumbent Councilmember is seated.3 If Councilmembers have staggered terms, the change in compensation may apply to the entire Council when any Councilmember begins a new term.4 Some Watsonville Councilmembers are up for election in November 2024 so, while the Council may pass an ordinance increasing its compensation at any time, the earliest that the increase may be effective is December 2024.

The proposed Ordinance would set Council Member compensation at $1,600 per month, effective December, 2024, consistent with Section 36516. That amount will include a $10 per month contribution by the City for a life insurance when a new term of office for any Council Member commences. The proposed Ordinance would also authorize the Mayor to receive supplemental compensation as permitted by section 502 of the City’s Charter.

1 Cal. Gov. Code § 36516(a)(4).
2 Cal. Gov Code § 36516(b).
3 Cal. Gov. Code § 36516.5
4 Id.

2/8/2024 6:28:19 PM
C:\Program Files\eSCRIBE\TEMP\18281541252\18281541252,,,COUNCIL MEMBER COMPENSATION ADJUSTMENT.docx STRATEGIC PLAN:

This supports Priorities 6 & 7, Community Engagement & Well-Being, and Efficient & Well-Performing Government of the Strategic Plan.

FINANCIAL IMPACT:

Adopting the proposed Ordinance would result in an annual increase in total salaries in the Council’s budget of $85,003.

If the Council votes to place the proposed Charter amendments on the ballot, and the voters adopt the amendments, one of the changes would increase the compensation for the Mayor by an additional 25%, which would result in annual increase in total salaries in the Council’s budget of $90,000.

At this point it is difficult to estimate any increases in benefits, if approved, because no plan has yet been identified.

Any financial impacts would not be realized until the 2024-2025 Fiscal Year, at the earliest, at which time the budget would be amended accordingly.

ALTERNATIVE ACTION:

The City Council could decline to introduce the ordinance, or direct staff to revise the draft presented.

ATTACHMENTS AND/OR REFERENCES (If any):

None.

1 Ord No. ______ (CM)
Meeting Date: 021324 SWZ ______ RM ______
ORDINANCE NO. Introduction (CM)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE REPEALING UNCODIFIED ORDINANCE NO.
1456-23 (CM) AND REPLACING IT WITH A NEW CODIFIED
ORDINANCE; BY ADDING SECTION 2-1.123 (COMPENSATION)
TO ARTICLE 1 (COUNCIL PROCEDURE) OF CHAPTER 1
(COUNCIL) OF TITLE 2 (ADMINISTRATION) OF THE

WATSONVILLE MUNCIPAL CODE WHICH SETS THE

COMPENSATION FOR EACH MEMBER OF THE CITY COUNCIL

AND THE MAYOR
WHEREAS, the Charter of the City of Watsonville (“Charter”) Section 405 states that the Council shall receive a salary, not to exceed the amount provided in the schedule set forth in Section 36516(a) of the Government Code, and as may be amended. “Such amount shall constitute total compensation which may include fringe benefits.”; and
WHEREAS, Charter Section 502 states that the Mayor shall receive $100 per month in addition to the amount set forth in Section 405; and WHEREAS, on July 18, 2023, the City Council enacted Ordinance No. 1456-23 (CM), in which it increased City Council and Mayor compensation. The increase comprised an increase in salary from $638.17 to $670.04 per month, and a $10 per month contribution by the City for a term life insurance policy for all Council Members and the Mayor; and
WHEREAS, Senate Bill 329, effective January 1, 2024, amended Government Code Section 36516 to increase the maximum salary for City Councilmembers. The increases are based on population, so the maximum salary permitted for Watsonville Councilmembers is $1,600 per month; and
WHEREAS, Government Code Section 36516(d) provides that any amounts

2 Ord No. ______ (CM)
Meeting Date: 021324
paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary, provided that the same benefits are available and paid by the City for its employees; and WHEREAS, Charter Section 405 indicates that any benefit paid to Councilmembers must be deducted from Councilmembers’ salaries, regardless of whether the City provides that same benefit to City staff. In this way, the City’s Charter allows Watsonville Councilmembers to receive less total compensation than is permitted by the Government Code and Councilmembers in other general law cities; and
WHEREAS, as noted by the State legislature in AB 329, the Councilmember compensation schedule for general law cities has not been adjusted since 1984, meaning that City Council compensation has not kept pace with inflation; and WHEREAS, allowing adjustments for inflation may help city councils become more diverse because increased compensation can help individuals from across different income levels receive sufficient income from their service to help ensure that they can continue to serve the public and support their families; and WHEREAS, increasing compensation for Councilmembers reflects the significant time commitment required to serve as a Councilmember; and WHEREAS, allowing Councilmembers to receive benefits similar to those received by City staff is consistent with Section 36516 and furthers the goal of increasing access to service on the City Council; and
WHEREAS, Section 36516 permits the City Council to increase its salary to $1,600 by Ordinance. To receive healthcare or other benefits, in addition to the

3 Ord No. ______ (CM)
Meeting Date: 021324
maximum salary permitted under 36516, the City must amend Section 405 of its Charter.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. REPEAL.

Uncodified Ordinance No. 1456-23 is hereby repealed and replaced with this Ordinance.

SECTION 2. ADDING NEW SECTION 2-1.123 TO ARTICLE 1 (COUNCIL PROCEDURE) OF CHAPTER 1 (COUNCIL) OF TITLE 2 (ADMINISTRATION) OF THE WATSONVILLE MUNICIPAL CODE.

Section 2-1.123, Council Member and Mayor Compensation, is hereby added to Article 1 of Chapter 1 of Title 2 of the Watsonville Municipal Code, to read in words and figures as follows:

Section 2-1.123 Council Member and Mayor Compensation.
(a) Consistent with the City Charter and Cal. Government Code Section 36516, all Council Members shall receive a salary of $1,600.00 per month, effective December 2024, when a new term of office for any Council Member commences. The Mayor shall also receive supplemental compensation as permitted by Section 502 of the City Charter. These amounts shall include a $10 per month contribution by the City for a life insurance benefit.
(b) Any changes to the City Charter enacted by the voters that impact compensation of Council Members or the Mayor, including but not limited to changes to Charter Sections 405 and 502, shall take effect as soon as permitted by law and shall

4 Ord No. ______ (CM)
Meeting Date: 021324
not require any amendment of this Ordinance.

SECTION 3. RECITALS.

The City Council finds and determines the foregoing recitals to be true and correct and hereby adopts them as findings demonstrating the need for increased compensation and incorporates them into this Ordinance.

SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT.

The City Council finds that this Ordinance, which sets Councilmember compensation, will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.

SECTION 5. SEVERABILITY.

If any section, subsection, sentence, clause or phrase or word of this Ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

SECTION 6. PUBLICATION.

This ordinance shall be published in the Watsonville Register-Pajaronian and/or Santa Cruz Sentinel in compliance with the provisions of the Charter of the City of Watsonville.

SECTION 7. EFFECTIVE DATE.

This ordinance shall take effect thirty (30) days after passage by the City Council. Increases in compensation shall take effect upon commencement of a new term of office by any Council Member.

5 Ord No. ______ (CM)
Meeting Date: 021324
**********************************

2/8/2024 2:36:52 PM
C:\Program Files\eSCRIBE\TEMP\14364877260\14364877260,,,Report - Zoom Meetings.docx Agenda Report
MEETING DATE: Tuesday, February 13, 2024
TO: City Council
FROM: CITY MANAGER MENDEZ
SUBJECT: PROVIDE DIRECTION ON WHETHER TO UTILIZE THE ZOOM

OPTION FOR COUNCIL AND OTHER PUBLIC MEETINGS, AND

CONSIDER ADOPTION OF RULES OF DECORUM
RECOMMENDED ACTION:

Provide direction to staff whether to utilize the Zoom option for Council and other public meetings and consider adoption of Rules of Civility and Decorum for Public Meetings.

BACKGROUND:

This is the follow-up to the Council meeting towards the end of 2023 that saw the City experienced zoom bombing. The zoom bombing resulted in the individuals on Zoom during public comment yelling out racist and anti-Semitic slurs that were unrelated to any Council item and not within the subject matter jurisdiction of the City Council.

As a result, the use of zoom was paused until early 2024 to allow time for a fuller discussion of the Council to consider allowing this use for Council meetings and other public meetings of the City.

DISCUSSION:

Certainly, the appropriate use of zoom provides the opportunity for more public engagement; however, the proliferation of hate speech and other disruptive behavior via zoom has negatively impacted the use of this technology.

This is not an issue unique to Watsonville as the attached survey1illustrates, it is an issue plaguing cities throughout the state and as is evident, cities are taking many different approaches. Some have discontinued the use of zoom, paused the use, or have adopted and/or updated rules of decorum for public meetings.

As explained by the City Attorney, the public has a right to comment on items on the agenda, and within the subject matter jurisdiction of the Council, so long as

1 Survey was conducted by the Calabasas City Clerk’s office.

2/8/2024 2:36:52 PM
C:\Program Files\eSCRIBE\TEMP\14364877260\14364877260,,,Report - Zoom Meetings.docx those comments are on topic (if related to a specific item), and not so disruptive that they prevent the Council from conducting business. Rules of decorum would not change the public’s right to comment, and would not eliminate hate speech or inappropriate behavior. Instead, Rules of decorum would re-state State law, and establish clear expectations and the means for addressing this issue. As drafted the Rules would apply to all meetings of Boards and Commissions, as well at the Council.

As a result, should Council direct staff to bring back zoom, it is staff’s recommendation that the Council consider the attached draft Rules of Decorum and Order at Public Meetings for adoption. In addition, it may also make sense depending on the number of items on the agenda and the number of public speakers, the number of speakers on zoom for public comment, that zoom comments be moved to the end of the meeting.

STRATEGIC PLAN:

This is consistent with Strategic Plan Goal: 6 – Community Engagement and Wellbeing.

FINANCIAL IMPACT:

There is no financial impact as a result of this item.

ALTERNATIVE ACTION:

Council has the options to direct on whether to utilize zoom or not. In addition, should zoom be brought back into use, then the Council has the option to direct changes to the Rules of Decorum and Order at Public Meeting or simply not adopt any rules, which is not recommended.

ATTACHMENTS AND/OR REFERENCES (If any):
1) Zoom Use Survey

Zoom Bombing Survey
Agency/Body Date of Incident Current Virtual Speaker Status 1 Antioch n/a Council voted to hold in-person meetings only. Zoom is no longer used 2 Arcadia n/a
No longer publishing zoom meeting ID – participants must email for the code to have heads up of anyone who is not a regular. They have one councilmember out of town using emergency participation. Once she returns, they may discontinue remote participation.
3 Atherton City Council 9/20/2023 Continue zoom for public comments. 4 Bay Area Air Quality District n/a Continuing to allow virtual participation. 5 Berkeley City Council 9/26/2023 Continuing to allow virtual participation. 6 Brentwood City Council 9/26/2023 Removed the option for general public comment, but allow remote comment on  Public Hearings, and Business Items, where it is easier to remove speakers if they are not on topic of the agenda item. 7 Capitola n/a Eliminated virtual or remote public comment feature. Will consider at a later date. 8 Carmel-by-the-Sea n/a Continuing to allow virtual participation. 9 Ceres City Council 9/25/2023 Discontinued Zoom comments over this issue. 10 Claremont City Council 10/10/2023 Discontinued Zoom comments over this issue. 11 Coachella Haven't experienced it and continue to allow Zoom for public participation. 12 Colfax 9/27/2023 Continue to allow virtual participation. 13 Concord City Council n/a Discontinued Zoom comments over this issue. 14 Contra Costa County n/a Continue to allow virtual participation. 15 Costa Mesa Continue to allow virtual participation.
16 County of Santa Rosa n/a Discontinued Zoom comments over this issue. 17 El Cerrito City Council 9/19/2023 Temporarily suspended Zoom comments over this issue. 18 El Dorado County Board of Superv 9/26/2023 Continue zoom for public comments. 19 Fortuna Continue to allow virtual participation.
20 Fowler n/a Continue to allow virtual participation.
21 Fremont City Council n/a Removed option for virtual public comment. 22 Galt 10/17/2023 Removed option for virtual public comment. 23 Glendora Continue to allow virtual participation.
24 Grand Terrace n/a Continue to allow virtual participation. 25 Hermosa Beach City Council 9/26/2023 Continue to allow virtual participation. 26 Hillsborough Continue to allow virtual participation. 27 Irwindale 10/25/2023 Following the incident, they have temporarily removed the option for comments to be made via Zoom and have limited them to email and in-person only. The will be discussing the matter on Jan 10. 28 Larkspur City Council 9/20/2023 Discontinued Zoom comments over this issue. 29 Livermore City Council 9/25/2023 Discontinued Zoom comments over this issue. 30 Los Altos 10/1/2023 Discontinued Zoom comments. Will revisit in May. 31 Malibu Week ending 10/13 Still considering options.
32 Milpitas City Council n/a Temporarily suspended Zoom comments over this issue. 33 Modesto City Council 9/26/2023 Discontinued Zoom comments over this issue. 34 Monrovia n/a Continue to allow virtual participation. 35 Morgan Hill Discontinued it a while ago.
36 Monterey City Council 9/19/2023 Continuing to use Zoom for public comments/Updated policy, Berkeley model (individuals interested in speaking need to make it clear at the beginning of public comment on an item. 37 Moorpark n/a Stopped allowing public comments via Zoom effective with our November 1 meeting but will still use Zoom for the meetings. 38 Norwalk n/a No longer using Zoom.
39 Novato City Council 9/26/2023 Discontinued Zoom Comments. 40 Pacific Grove City Council 10/18/2023 Discontinued Zoom Comments. 41 Pacifica City Council 9/25/2023 Considering discontinuing Zoom comments. 42 Palo Alto City Council 10/16/2023 Discontinued Zoom comments over this issue. 43 Petaluma Was hit last year. Discontinued Zoom and will revisit sometime in Apr/May 44 Plymouth 10/26/2023 Discontinued Zoom comments over this issue. 45 Redwood City Council n/a Temporarily suspended Zoom comments over this issue. 46 Richmond City Council 10/2/2023 Continue to allow virtual participation. 47 Sacramento City Council 9/5/2023 It got so bad that they’ve discontinued Zoom. All public comments are now in person. 48 San Carlos City Council 9/25/2023 Stopped to Update Rules of Decorum and now allow it again. 49 San Diego City Council 9/18/2023 Continuing to use Zoom for public comments. 50 San Francisco Board of Superviso 9/26/2023 Discontinued Zoom comments over this issue. 51 San Jose City Council Week ending 10/6 Continuing to use Zoom for public comments. 52 San Mateo n/a Continuing to use Zoom for public comments. 53 San Ramon City Council n/a Discontinued Zoom comments over this issue. 54 Santa Rosa City 9/13/2023 Discontinued Zoom comments over this issue. 55 Saratoga City Council 9/20/2023 Continuing to use Zoom for public comments/moved public comment for nonagendized matters to take place at the end of the meetings. In-person public comment for nonagendized matters still takes place towards the beginning of the meeting. 56 Seaside City Council 10/19/2023 Continuing to use Zoom for public comments. 57 Signal Hill Discontinued Zoom comments over this issue. 58 Solvang City Council Week ending 10/13 Council will have conversation regarding requiring pre-registration for public comment or other options on November 13th. 59 Sonoma City Council 11/1/2023 Continuing to use Zoom for spoken public comments. 60 Sonoma County BOS 9/12/2023 Discontinued Zoom comments over this issue. 61 South San Francisco City Council 9/13/2023 Discontinued Zoom comments over this issue. 62 Sunnyvale City Council 10/10/2023 Updated script for Mayor. 63 Town of Windsor n/a Eliminated virtual or remote public comment feature. 64 Union City Council n/a Discontinued Zoom comments over this issue. 65 Vallejo City Council 10/10/2023 Continuing to use Zoom for spoken public comments. 66 Ventura City Council 9/25/2023 Continuing to use Zoom for spoken public comments. 67 Victorville Discontinued Zoom comments a while ago.
68 Walnut Creek City Council 6/1/2023 Discontinued Zoom comments over this issue. 69 Watsonville 10/24/2023 Council took recessed and moved public comment to the end of the agenda. 70 Westminster n/a Discontinued Zoom a while ago.

Use of Zoom at Council Meetings
Survey
Attachment 1

1 Reso No. ______
Meeting Date: 021324 SWZ ______ RM ______
RESOLUTION NO. (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

ADOPTING CITY OF WATSONVILLE RULES OF CIVILITY AND DECORUM

FOR PUBLIC MEETINGS
WHEREAS, across the nation, many public entities have adopted policies and rules to enhance civility at public meetings; and
WHEREAS, the City of Watsonville values its commitment to the democratic process, the public’s right to expression, robust debate, and tolerance for disparate views; and
WHEREAS, incivility, disruptive behavior, and disrespect at public meetings can stifle participation and debate and risks undermines the democratic process; and WHEREAS, adopting rules of decorum and order applicable to all public meetings within the City will help the City implement SB 1100, remind the public that participation at public meetings is encouraged and protected, but must still allow for the Council to conduct City business.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. Adopting a Resolution adopting Rules of Civility and Decorum for Public Meetings does not meet CEQA’s definition of a “project”, because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

2. The City Council of the City of Watsonville accepts and adopts the Watsonville Rules of Civility and Decorum for Public Meetings, attached hereto as Exhibit A.
**************************************

City of Watsonville Rules of Civility and Decorum

CITY OF WATSONVILLE RULES OF CIVILITY AND

DECORUM FOR PUBLIC MEETINGS

1.0 PURPOSE AND APPLICATION

1.1 The purpose of the City of Watsonville Rules of Civility and Decorum (the “Rules”) is to promote mutual respect, civility, and orderly conduct in all public meetings. The Rules are not intended to deprive any person of their rights to public participation under applicable law.

1.2 The Rules shall apply to any public meeting of any City Council, commission, committee, board, or other public body.

2.0 CONDUCT AT PUBLIC MEETINGS

2.1 No person attending a public meeting, in person or virtually, shall engage in disorderly, disruptive, disturbing, delaying, or boisterous conduct that substantially interrupts, delays, or disturbs the peace and good order of the public meeting, including but not limited to, yelling, handclapping, stomping of feet, whistling, use of threatening language, or use of profane language, such that the governing body is precluded from conducting business.

2.2 No person attending a public meeting shall make public comments or remarks to the City Council, commission, committee, board, or other public body holding the meeting, that pertain solely to matters outside the subject matter jurisdiction of the Council, commission, committee, board, or other public body holding the meeting.

3.0 ENFORCEMENT

3.1 The Presiding Officer of the City Council, commission, committee, board, or other public body holding the meeting (“Presiding Officer”), or a designee of the Presiding Officer, may issue a warning to any member of the public violating these Rules and ask that the person cease all conduct in violation of the Rules. If present, the City Attorney or a designee of the City Attorney (“City Attorney”) may also issue a warning under these Rules.

3.2 If, after receiving a warning of conduct violating these Rules, a member of the public persists in conduct violating these Rules, the Presiding Officer or City Attorney may issue further orders against the violating member of the public, consistent with State law.

3.3 The Presiding Officer or City Attorney’s further orders may include instructing the violating member of the public to cease their comment, using videoconferencing software or other technology to mute audio and/ Exhibit A

City of Watsonville Rules of Civility and Decorum
or hide video of the violating member of the public, and/or instructing the violating member of the public to leave the meeting.

3.4 These Rules do not address enforcement against public officials sitting on the City Council, commission, committee, board, or other public body during a meeting of such public body. Enforcement against elected and appointed public officials shall be as determined by the City Council.

4.0 GENERAL PROVISIONS

4.1 The procedures described in these Rules are not exclusive, and shall not preclude other rights, remedies, and procedures authorized by federal, state, or local law.

4.2 A breach of these Rules shall in no event be construed to invalidate any act taken by the City Council, commission, committee, board, or other public body holding the meeting at which a violation occurred, or to otherwise limit the authority of the Presiding Officer, the City Attorney, or their designees.

Exhibit A