text:
(a) (1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2).

(2) The salaries approved by ordinance under paragraph (1) shall be as follows:

(A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.

(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month.

(C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month.

(D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month.

(E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month.

(F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.

(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.

(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following:

(A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted.

(B) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year.

(5) No ordinance shall be enacted or amended to provide automatic future increases in salary.

(b) Notwithstanding subdivision (a), at any municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner.

(c) Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on which the city council member serves. If the other statute that authorizes the compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body.

(d) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees.

(e) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section.

(f) A city council member may waive any or all of the compensation permitted by this section.

(g) (1) For the purposes of this section, a city council shall consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council.

(2) At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for the increased compensation. The ordinance shall not be adopted at the first meeting.

(3) At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the ordinance.

history: (History: Amended by Stats. 2023, Ch. 27, Sec. 2. (SB 329) Effective January 1, 2024.)

title: 4. GOVERNMENT OF CITIES


kind: section

code: GOV

text: A mayor elected pursuant to Sections 34900 to 34904, inclusive, may be provided with compensation in addition to that which he or she receives as a council member. That additional compensation may be provided by an ordinance adopted by the city council or by a majority vote of the electors voting on the proposition at a municipal election.

history: (History: Amended by Stats. 2010, Ch. 699, Sec. 14. (SB 894) Effective January 1, 2011.)

division: 3. OFFICERS

part: 1. GENERAL

title: 4. GOVERNMENT OF CITIES

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 1. GENERAL


text: A change in compensation does not apply to a council member during the council member’s term of office. This prohibition shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office.

history: (History: Amended by Stats. 2010, Ch. 699, Sec. 15. (SB 894) Effective January 1, 2011.)

title: 4. GOVERNMENT OF CITIES


text: The city clerk and the city treasurer shall receive, at stated times, a compensation fixed by ordinance or resolution.

history: (History: Amended by Stats. 1971, Ch. 275.)

title: 4. GOVERNMENT OF CITIES


text: Before entering upon the duties of their offices, the city clerk and city treasurer shall each execute a bond to the city. Except as otherwise provided, the bonds shall conform to the provisions of this code relating to bonds of public officers. The penal sum of the bond shall be in a reasonable amount recommended by the city attorney and fixed by the city council, by resolution, and may be changed during their terms of office.

history: (History: Amended by Stats. 1965, Ch. 457.)

title: 4. GOVERNMENT OF CITIES


text: The city council may require bonds of any other officer or employee of the city.

history: (History: Added by Stats. 1949, Ch. 79.)

title: 4. GOVERNMENT OF CITIES


text: The city council shall approve all bonds. When approved, the clerk’s bond shall be filed with the mayor, and other bonds shall be filed with the city clerk.

title: 4. GOVERNMENT OF CITIES


text: Except as otherwise provided, all laws relating to the official bonds of officers apply to bonds required by this chapter.

title: 4. GOVERNMENT OF CITIES


text: Any officer or employee collecting or receiving any money belonging to, or for the use of, the city shall deposit it immediately in the treasury in the manner prescribed by ordinance for the benefit of the funds to which it belongs. The officer or employee shall report any deposits to, and settle with, the city clerk, or director of finance if that office has been established by ordinance, on the first Monday in each month or at shorter intervals as are prescribed by ordinance.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 20. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: By ordinance or resolution, the city council may provide for a treasurer’s departmental trust fund into which collections of the police department and other officers authorized to make collections may be deposited at frequent intervals during each month. Officers or employees shall advise the city treasurer upon making each deposit.

history: (History: Amended by Stats. 1951, Ch. 1553.)

title: 4. GOVERNMENT OF CITIES


text:
The city treasurer shall make withdrawals from such a fund only on order signed by the proper department head and for the following purposes:

(a) Making a refund of bail, which has been exonerated, or other refundable deposits.

(b) Revolving fund advances authorized by the city council.

(c) Correction of clerical or ministerial errors in the receipt of payments to the city.

(d) Making settlements with city funds at the end of each calendar month for collections accumulated during the month.

title: 4. GOVERNMENT OF CITIES


text:
(a) As used in this section “city auditor” includes an elected or appointed officer or full-time employee of the city who is compensated, but does not include an independent contractor.

(b) All books, papers, records, and correspondence of the city auditor pertaining to the auditor’s work are public records subject to Division 10 (commencing with Section 7920.000) of Title 1 and shall be filed at any of the regularly maintained offices of the city auditor. However, none of the following items or papers of which these items are a part may be released to the public by the city auditor, or the auditor’s employees:

(1) Personal papers and correspondence of any person providing assistance to the city auditor when that person has requested in writing that the person’s papers and correspondence be kept private and confidential. Those papers and that correspondence shall become public records if the written request is withdrawn or upon the order of the city auditor.

(2) Papers, correspondence, memoranda, or any substantive information pertaining to any audit not completed.

(3) Papers, correspondence, or memoranda pertaining to any audit that has been completed, which papers, correspondence, or memoranda are not used in support of any report resulting from the audit.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 191. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

title: 4. GOVERNMENT OF CITIES


text: The city council shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore.

history: (History: Amended by Stats. 2005, Ch. 620, Sec. 1. Effective January 1, 2006.)

title: 4. GOVERNMENT OF CITIES

chapter: 1. Organization

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 1. Organization


text: The mayor shall preside at the meetings of the council. If the mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act. The mayor pro tempore has all of the powers and duties of the mayor.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 21. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: The mayor may make or second any motion and present and discuss any matter as a member of the council.

title: 4. GOVERNMENT OF CITIES


text: If the city clerk is absent, the deputy city clerk shall act. If there is none, the mayor shall appoint one of the council members as city clerk pro tempore.

history: (History: Amended by Stats. 2010, Ch. 699, Sec. 16. (SB 894) Effective January 1, 2011.)

title: 4. GOVERNMENT OF CITIES


text: The city council shall hold regular meetings at least once a month at times fixed by ordinance or resolutions. It may adjourn any regular or adjourned meeting to a date specified in the order of adjournment. When so adjourned, the adjourned meeting is a regular meeting for all purposes.

title: 4. GOVERNMENT OF CITIES


text: At any special meeting the city council shall act only on matters referred to in the notice or consent.

title: 4. GOVERNMENT OF CITIES


text: When an order of adjournment of a regular meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings.

title: 4. GOVERNMENT OF CITIES


text: A majority of the council constitutes a quorum for transaction of business. Less than a majority may adjourn from time to time, and compel attendance of absent members in the manner and under the penalties prescribed by ordinance.

title: 4. GOVERNMENT OF CITIES


text: If all council members are absent from any regular meeting, the city clerk shall declare the meeting adjourned to a stated day and hour. The city clerk shall cause a written notice of the adjournment to be delivered personally to each council member at least three hours before the adjourned meeting.

history: (History: Amended by Stats. 2010, Ch. 699, Sec. 17. (SB 894) Effective January 1, 2011.)

title: 4. GOVERNMENT OF CITIES


text: After incorporation, the city council is judge of the qualifications of its members and of election returns. It shall determine contested elections of city officers.

title: 4. GOVERNMENT OF CITIES


text:
If a written statement to contest the election of a city officer pursuant to Sections 16400 and 16401 of the Elections Code is filed with the city clerk prior to the commencement of any proceeding by the city council, pursuant to Section 36812, the authority of the city council to commence those proceedings shall be suspended for the applicable period of time specified in Section 16401 of the Elections Code for the filing of the statement of contest.

Upon the expiration of the period of time, the city council may proceed pursuant to Section 36812 if no proceedings have been instituted pursuant to Article 1 (commencing with Section 16500) of Chapter 6 of Division 16 of the Elections Code, or those proceedings are terminated without judgment being rendered by the court.

history: (History: Amended by Stats. 1994, Ch. 923, Sec. 74. Effective January 1, 1995.)

title: 4. GOVERNMENT OF CITIES


text: A city may defend any person elected to the city council or to the office of city clerk or city treasurer in any election contest instituted for any of the causes set forth in subdivisions (a), (d), or (e) of Section 16100 of the Elections Code.

history: (History: Amended by Stats. 1994, Ch. 923, Sec. 75. Effective January 1, 1995.)

title: 4. GOVERNMENT OF CITIES


text: The council may establish rules for the conduct of its proceedings. It may punish a member or other person for disorderly behavior at a meeting.

title: 4. GOVERNMENT OF CITIES


text: The council shall cause the clerk to keep a correct record of its proceedings. At the request of a member, the city clerk shall enter the ayes and noes in the journal.

title: 4. GOVERNMENT OF CITIES


text: Any reference to “councilman” or “councilmen” shall also mean and include “councilwoman” or “councilwomen.” A female member of a city council may designate herself “councilwoman.” Any member of a city council may designate himself or herself “councilmember.”

history: (History: Amended by Stats. 1986, Ch. 982, Sec. 13.)

title: 4. GOVERNMENT OF CITIES


text:
(a) Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.

(b) Every violation determined to be an infraction is punishable by the following:

(1) A fine not exceeding one hundred dollars ($100) for a first violation.

(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.

(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.

(c) Notwithstanding any other law, a violation of local building and safety codes determined to be an infraction is punishable by the following:

(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.

(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.

(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.

(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

(d) (1) Notwithstanding any other law, including subdivisions (b) and (c), the violation of a short-term rental ordinance that is an infraction is punishable by the following:

(A) A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation.

(B) A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one year.

(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year of the first violation.

(2) For purposes of this section, “short-term rental” means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less.

(3) For purposes of this section, “residential dwelling” means a private structure that is designed and available, pursuant to applicable law, for use and occupancy by one or more individuals. “Residential dwelling” does not include a commercially operated hotel, motel, bed and breakfast inn, or a time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code.

(4) The fine limits set by this subdivision apply only to infractions that pose a threat to public health or safety. The fines described in this subdivision shall not apply to a first time offense of failure to register or pay a business license fee. Nothing in this subdivision limits the authority of a city, or city and county, to establish lower fines for specific violations by ordinance.

(e) A city levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c), and paragraph (1) of subdivision (d), shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

history: (History: Amended by Stats. 2021, Ch. 307, Sec. 2. (SB 60) Effective September 24, 2021.)

title: 4. GOVERNMENT OF CITIES

chapter: 2. Ordinances

article: 1. General

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 2. Ordinances > 1. General


text: The city legislative body may impose fines, penalties, and forfeitures for violations of ordinances. It may fix the penalty by fine or imprisonment, or both. A fine shall not exceed one thousand dollars ($1,000). Imprisonment shall not exceed six months.

history: (History: Amended by Stats. 1983, Ch. 1092, Sec. 139. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: Imprisonment for violation of an ordinance shall be in the city jail, unless by ordinance the legislative body prescribes imprisonment in the county jail. If city prisoners are imprisoned in the county jail the expense is a charge against the city.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The legislative body may require persons imprisoned for violation of an ordinance to labor on public property or works within the city.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The enacting clause of ordinances shall be: “The city council of the City of ____ does ordain as follows:”.

title: 4. GOVERNMENT OF CITIES

article: 2. Enactment

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 2. Ordinances > 2. Enactment


text:
(a) Ordinances shall be signed by the mayor and attested by the city clerk. When attesting to an electronic or digital signature, the clerk may presume that the signature is genuine and attributable to the signatory if the electronic or digital signature complies with the requirement set forth in subdivision (a) of Section 16.5.

(b) The amendments made to this section by the act that added this subdivision shall not be construed to affect the validity of a clerk’s attestation to any other digital or electronic signature.

history: (History: Amended by Stats. 2025, Ch. 242, Sec. 6. (SB 858) Effective January 1, 2026.)

title: 4. GOVERNMENT OF CITIES

article: 2. Enactment


text:
(a) Within 15 days after its passage, the city clerk shall cause each ordinance to be published at least once, with the names of those city council members voting for and against the ordinance, in a newspaper of general circulation published and circulated in the city, or if there is none, he or she shall cause it to be posted in at least three public places in the city or published in a newspaper of general circulation printed and published in the county and circulated in the city. In cities incorporated less than one year, the city council may determine whether ordinances are to be published or posted. Ordinances shall not be published in a newspaper if the charge exceeds the customary rate charged by the newspaper for publication of private legal notices, but these ordinances shall be posted in the manner and at the time required by this section.

(b) Except as provided in Section 36937, an ordinance shall not take effect or be valid unless it is published or posted in substantially the manner and at the time required by this section.

(c) The publication or posting of ordinances, as required by subdivision (a), may be satisfied by either of the following actions:

(1) The city council may publish a summary of a proposed ordinance or proposed amendment to an existing ordinance. The summary shall be prepared by an official designated by the city council. A summary shall be published and a certified copy of the full text of the proposed ordinance or proposed amendment shall be posted in the office of the city clerk at least five days prior to the city council meeting at which the proposed ordinance or amendment or alteration thereto is to be adopted. Within 15 days after adoption of the ordinance or amendment, the city council shall publish a summary of the ordinance or amendment with the names of those city council members voting for and against the ordinance or amendment and the city clerk shall post in the office of the city clerk a certified copy of the full text of the adopted ordinance or amendment along with the names of those city council members voting for and against the ordinance or amendment; or

(2) If the city official designated by the city council determines that it is not feasible to prepare a fair and adequate summary of the proposed or adopted ordinance or amendment, and if the city council so orders, a display advertisement of at least one-quarter of a page in a newspaper of general circulation in the city shall be published at least five days prior to the city council meeting at which the proposed ordinance or amendment or alteration thereto is to be adopted. Within 15 days after adoption of the ordinance or amendment, a display advertisement of at least one-quarter of a page shall be published. The advertisement shall indicate the general nature of, and provide information about, the proposed or adopted ordinance or amendment, including information sufficient to enable the public to obtain copies of the complete text of the ordinance or amendment, and the names of those city council members voting for and against the ordinance or amendment.

(d) (1) Any member of the public may file with the city clerk, or any other person designated by the governing body to receive these requests, a request for notice of specific proposed ordinances or proposed amendments to ordinances.

(2) Notice pursuant to paragraph (1) shall be mailed or otherwise transmitted at least five days before the council is scheduled to take action on the proposed ordinances or proposed amendments to an ordinance. Notice may be given by written notice properly mailed or by e-mail if the requesting member of the public provides an e-mail address. Notice may be in the form specified in either paragraph (1) or (2) of subdivision (c), as determined by the city council.

(3) As an alternative to providing notice as requested of specific proposed ordinances or proposed amendments to ordinances, the city clerk, or other person designated by the governing body, may place the requesting member of the public on a general mailing list that gives timely notice of all governing body public meetings at which proposed ordinances or proposed amendments to ordinances may be heard, as provided in Section 54954.1. If this alternative is selected, the requesting member of the public shall be so advised.

(4) The city may charge a fee that is reasonably related to the costs of providing notice pursuant to this subdivision. The city may require each request to be annually renewed.

(5) Failure of the requesting person to receive the information pursuant to this subdivision shall not constitute grounds for any court to invalidate an otherwise properly adopted ordinance or amendment to an ordinance.

history: (History: Amended by Stats. 2002, Ch. 159, Sec. 1. Effective January 1, 2003.)

title: 4. GOVERNMENT OF CITIES

article: 2. Enactment


text: Whenever a city having a population of less than 2,500 inhabitants adopts an ordinance code containing all ordinances and amendments previously adopted and amendments and new ordinances to bring the codification up to the date of adoption, instead of publishing such code, amendments, and new ordinances pursuant to Section 36933, the city council may cause the code, amendments, and new ordinances to be adopted by reference as provided in Sections 50022.1 to 50022.8 inclusive of this code. Thereafter all ordinances amending the code shall be published pursuant to Section 36933.

history: (History: Added by Stats. 1955, Ch. 270.)

title: 4. GOVERNMENT OF CITIES

article: 2. Enactment


text: Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section.

history: (History: Amended by Stats. 2022, Ch. 427, Sec. 5. (SB 1489) Effective January 1, 2023.)

title: 4. GOVERNMENT OF CITIES

article: 2. Enactment


text: Resolutions or orders for the payment of money shall be adopted or made only at a regular meeting or at a special meeting for which the notice of such special meeting specifies the business to be transacted.

history: (History: Amended by Stats. 1969, Ch. 775.)

title: 4. GOVERNMENT OF CITIES

article: 2. Enactment


text: Resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of the city council.

history: (History: Amended by Stats. 2002, Ch. 454, Sec. 15. Effective January 1, 2003.)

title: 4. GOVERNMENT OF CITIES

article: 2. Enactment


text: The rates of taxes to be levied or the amount of revenue required to be raised by taxation may be fixed either by ordinance or resolution. Where the tax rate or the amount of revenue required to be raised by taxation is fixed by resolution, such resolution shall be published in the same manner and within the same time as ordinances are required to be published.

history: (History: Amended by Stats. 1959, Ch. 1295.)

title: 4. GOVERNMENT OF CITIES

article: 2. Enactment


text:
Ordinances take effect 30 days after their final passage. An ordinance takes effect immediately, if it is an ordinance:

(a) Relating to an election.

(b) For the immediate preservation of the public peace, health or safety, containing a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the city council.

(c) Relating to street improvement proceedings.

(d) Relating to taxes for the usual and current expenses of the city.

(e) Covered by particular provisions of law prescribing the manner of its passage and adoption.

history: (History: Amended by Stats. 1957, Ch. 2347.)

title: 4. GOVERNMENT OF CITIES

article: 2. Enactment


text: The legislative body may pass ordinances not in conflict with the Constitution and laws of the State or the United States.

history: (History: Added by Stats. 1949, Ch. 79.)

title: 4. GOVERNMENT OF CITIES

chapter: 3. General Powers

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 3. General Powers


text: Except as provided in Section 7282 of the Revenue and Taxation Code, the legislative body of any city may levy any tax which may be levied by any charter city, subject to the voters’ approval pursuant to Article XIIIA of the Constitution of California.

history: (History: Amended by Stats. 1985, Ch. 529, Sec. 1.)

title: 4. GOVERNMENT OF CITIES


text:
(a) The legislative body may license, for revenue and regulation, and fix the license tax upon, every kind of lawful business transacted in the city, including shows, exhibitions, and games. It may provide for collection of the license tax by suit or otherwise. If the legislative body levies a sales tax under the authority of this section, it may impose a complementary tax at the same rate upon use or other consumption of tangible personal property.

If the legislative body imposes a sales or use tax, it shall do so in the same manner and use the same tax base as prescribed in Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code.

(b) Any legislative body, including the legislative body of a charter city, that levies a license tax pursuant to subdivision (a) upon a business operating both within and outside the legislative body’s taxing jurisdiction, shall levy the tax so that the measure of tax fairly reflects that proportion of the taxed activity actually carried on within the taxing jurisdiction.

(c) No license tax levied pursuant to subdivision (a) that is measured by the licensee’s income or gross receipts, whether levied by a charter or general law city, shall apply to any nonprofit organization that is exempted from taxes by Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code or Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, or the successor of either, or to any minister, clergyperson, Christian Science practitioner, rabbi, or priest of any religious organization that has been granted an exemption from federal income tax by the United States Commissioner of Internal Revenue as an organization described in Section 501(c)(3) of the Internal Revenue Code or a successor to that section.

(d) A county shall not include in the definition of gross receipts, for purposes of any local tax or fee imposed by the county on a cannabis retailer licensed under Division 10 (commencing with Section 26000) of the Business and Professions Code, the amount of any cannabis excise tax imposed under Section 34011.2 of, or any sales and use taxes imposed under Part 1 (commencing with Section 6001) of, Part 1.5 (commencing with Section 7200) of, or Part 1.6 (commencing with Section 7251) of, Division 2 of the Revenue and Taxation Code, or Section 35 of Article XIII of the California Constitution.

history: (History: Amended by Stats. 2024, Ch. 874, Sec. 3. (SB 1059) Effective January 1, 2025.)

title: 4. GOVERNMENT OF CITIES


text:
Notwithstanding Section 37101, no legislative body shall require a regulatory license or impose a regulatory license or impose a regulatory license fee with respect to cafe musicians.

“Cafe musician,” for the purposes of this section, means any person playing a musical instrument in any place or establishment where food or alcoholic beverages are sold, offered for sale or given away, who is an employee, or independent contractor, of such place or establishment. “Cafe musician” does not include an owner, manager, or operator of such place or establishment.

history: (History: Added by Stats. 1969, Ch. 969.)

title: 4. GOVERNMENT OF CITIES


text:
(a) In accordance with the provisions of subdivision (b), the legislative body may license for revenue, and fix the license tax upon, persons who transact in the city the business of a contractor licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code.

(b) The ordinance which adopts the license and license tax shall not impose a greater license tax upon those persons subject to it who, as contractors, have no fixed place of business within the city, than upon those contractors who have a fixed place of business within the city; provided, however, that such ordinance may impose a license tax graduated according to gross receipts attributable to contracting work done within a city, regardless of whether or not the contractor has a fixed place of business within the city.

history: (History: Added by Stats. 1965, Ch. 1043.)

title: 4. GOVERNMENT OF CITIES


text: The legislative body may use any available funds to provide employment to the city’s destitute or needy unemployed residents.

title: 4. GOVERNMENT OF CITIES


text:
The legislative body may contract with any specially trained and experienced person, firm, or corporation for special services and advice in financial, economic, accounting, engineering, legal, or administrative matters.

It may pay such compensation to these experts as it deems proper.

history: (History: Amended by Stats. 1949, Ch. 354.)

title: 4. GOVERNMENT OF CITIES


text: The legislative body may issue subpenas requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it.

title: 4. GOVERNMENT OF CITIES


text: Subpenas shall be signed by the mayor and attested by the city clerk. They may be served as subpenas are served in civil actions.

title: 4. GOVERNMENT OF CITIES


text: If any person duly subpenaed neglects or refuses to obey a subpena, or, appearing, refuses to testify or answer any questions which a majority of the legislative body decide proper and pertinent, the mayor shall report the fact to the judge of the superior court of the county.

title: 4. GOVERNMENT OF CITIES


text: The judge shall issue an attachment directed to the sheriff of the county where the witness was required to appear, commanding the sheriff to attach the person, and forthwith bring the person before the judge.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 22. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: On return of the attachment and production of the witness, the judge has jurisdiction.

title: 4. GOVERNMENT OF CITIES


text: The right of a witness to purge himself of the contempt and the proceedings, penalties, and punishment shall be the same as if the contempt had been committed in a civil trial in a superior court.

title: 4. GOVERNMENT OF CITIES


text: The legislative body may spend money from the general fund for music and promotion, including promotion of sister city and town affiliation programs.

history: (History: Amended by Stats. 1993, Ch. 1195, Sec. 12.3. Effective January 1, 1994.)

title: 4. GOVERNMENT OF CITIES


text:
The legislative body may authorize and provide for contributions to nonprofit educational radio and television stations, provided all of the following conditions exist:

(a) The purpose of the contribution is to enable the citizens of the city to enjoy greater educational and cultural advantages.

(b) A substantial number of the residents of the city live within the reception area of the station.

(c) The station regularly broadcasts programs which have educational or cultural significance.

(d) The contribution is to the general funds of the station and not for or in connection with any particular program.

(e) The contribution is not accompanied, directly or indirectly, by any direction of, sponsorship of, control of, or restriction of any program or the content of any program.

history: (History: Amended by Stats. 1985, Ch. 106, Sec. 64.)

title: 4. GOVERNMENT OF CITIES


text: When the legislative body deems it necessary that land purchased for park or other purposes be used for construction of public buildings or creation of a civic center, it may adopt an ordinance by a four-fifths vote declaring the necessity and providing for such use.

title: 4. GOVERNMENT OF CITIES


text:
When a legislative body deems it necessary that land purchased in fee for any municipal purpose and subsequently dedicated by use for park purposes should be used for other municipal purposes, it may adopt an ordinance by a four-fifths vote, after giving notice and conducting a public hearing, declaring the necessity and providing that such lands can be used for other municipal purposes provided that (a) an equal or greater amount of city property has also been acquired within the previous three years and has been dedicated and has been developed, or will within a reasonable period of time be developed, for similar park purposes and (b) the proposed use of the park land conforms to the city’s general plan.

This section shall not be applicable to land dedicated for park purposes by a donor or acquired by eminent domain procedures for park purposes or acquired by funds obtained from bonds voted for park purposes.

This procedure is an alternative procedure to any other procedures contained in the law.

history: (History: Added by Stats. 1968, Ch. 565.)

title: 4. GOVERNMENT OF CITIES


text: In addition to other powers, a legislative body may perform all acts necessary or proper to carry out the provisions of this title.

history: (History: Added by renumbering Section 37113 by Stats. 1955, Ch. 624.)

title: 4. GOVERNMENT OF CITIES


text:
If real property is conveyed by a city and it is subsequently determined and mutually agreed by the legislative body of the city and the person to whom the property was conveyed that an error was made in the description of the property conveyed, so that less property is included in the description than was intended by the parties, the legislative body of the city may by resolution recite the facts of such error and approve such determination and agreement; thereafter the legislative body may execute or cause to be executed a corrective deed without conforming to the requirements of law, if any, for the sale of real property by cities and without commencing a judicial action to reform the deed.

A similar procedure may be followed with respect to property conveyed to a city, where the error results in more property being conveyed than was intended. In either case the resolution of the legislative body shall be conclusive as to the facts recited therein as to good faith purchasers or encumbrancers for value.

This section shall not apply to a conveyance by or to a city if the error is in the published description required by law or charter, nor shall this section require notice of such sale or purchase to be published if not otherwise required by law.

history: (History: Added by Stats. 1957, Ch. 1458.)

title: 4. GOVERNMENT OF CITIES


text: The legislative body may, within the powers otherwise conferred by law upon the city, do and perform all acts necessary to enable the city to participate in the “Economic Opportunity Act of 1964” (P.L. 88-452; 78 Stat. 508), including the authorization of the expenditure by the city of whatever funds that may be required by the federal government as a condition to such participation.

history: (History: Added by Stats. 1965, Ch. 829.)

title: 4. GOVERNMENT OF CITIES


text: Upon receipt of an application from the governing body of any school district maintaining a school within a city, requesting to borrow funds from the city for the purpose of removing or replacing asbestos-derived materials used in constructing, insulating, or furnishing one or more of those schools, and declaring the existence of such asbestos-derived material to be potentially detrimental to the health of pupils, teachers, and others using the school, the legislative body of the city may loan, and the school district may borrow, the requested city funds upon such terms and conditions as are mutually agreed upon by the respective governing bodies, provided that the loan shall be repaid only from the school district’s deferred maintenance fund established pursuant to Section 39618 of the Education Code.

history: (History: Added by Stats. 1983, Ch. 485, Sec. 2.)

title: 4. GOVERNMENT OF CITIES


text: If the legislative body adopts an annual budget, the budget document shall include the appropriations limit and the total annual appropriations subject to limitation as determined pursuant to Division 9 (commencing with Section 7900) of Title 1.

history: (History: Added by Stats. 1987, Ch. 1025, Sec. 6.)

title: 4. GOVERNMENT OF CITIES


text: Demands against the city for money or damages are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1, except as provided therein, or by other statutes or regulations expressly applicable thereto.

history: (History: Amended by Stats. 1982, Ch. 454, Sec. 77.)

title: 4. GOVERNMENT OF CITIES

chapter: 4. Financial Powers

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 4. Financial Powers


text: Except as provided in Section 37208, the legislative body shall approve or reject demands only after such demands have been audited in the manner prescribed by ordinance or resolution. Such audited demands may be submitted separately or a register of audited demands may be submitted to the legislative body for approval or rejection and shall have attached thereto the affidavit of the officer submitting the demands certifying as to the accuracy of the demands and the availability of funds for payment thereof.

history: (History: Amended by Stats. 1970, Ch. 261.)

title: 4. GOVERNMENT OF CITIES


text: Upon allowing a demand or approving a register of audited demands, the mayor shall draw a warrant or warrants upon the city treasurer specifying the purpose for which drawn and the fund from which payment is to be made. The city clerk shall countersign the warrant. The legislative body, by ordinance or resolution, may prescribe an alternative method of drawing warrants and checks.

history: (History: Amended by Stats. 1980, Ch. 770.)

title: 4. GOVERNMENT OF CITIES


text: When an order or demand is not approved for want of funds and its amount does not exceed the income and revenue for the year in which the indebtedness was incurred, the city clerk shall endorse on it: “Not approved for want of funds,” with the date of presentation and his signature.

history: (History: Added by Stats. 1949, Ch. 79.)

title: 4. GOVERNMENT OF CITIES


text: The clerk shall number the endorsement, register the order or demand in his records, and deliver it to the claimant, or his order. From delivery the order or demand bears interest at 6 percent a year. Orders or demands shall be paid in the order they are registered.

title: 4. GOVERNMENT OF CITIES


text: By ordinance or resolution, the legislative body shall prescribe the time and method of paying salaries and wages of officers and employees.

title: 4. GOVERNMENT OF CITIES


text: Department heads shall certify or approve departmental pay rolls or attendance records for employees in their departments. The city clerk shall certify or approve pay rolls or attendance records of other officers and employees.

title: 4. GOVERNMENT OF CITIES


text:
(a) Payroll warrants or checks need not be audited by the legislative body prior to payment. Payrolls shall be presented to the legislative body for ratification and approval at the first meeting after delivery of the payroll warrants or checks.

(b) Warrants or checks drawn in payment of demands certified or approved by the city clerk as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment.

(c) Notwithstanding subdivisions (a) and (b), budgeted payrolls and demands paid by warrants or checks may be presented to the legislative body for ratification and approval in the form of an audited comprehensive annual financial report.

history: (History: Amended by Stats. 1986, Ch. 982, Sec. 14.)

title: 4. GOVERNMENT OF CITIES


text: The duties imposed upon the city clerk by this article may be transferred to a director of finance when such office has been established and the powers and duties thereof defined by ordinance. Such an ordinance shall require the execution by the director of finance of the bond required of the city clerk by Section 36518 of this code.

history: (History: Added by Stats. 1955, Ch. 1754.)

title: 4. GOVERNMENT OF CITIES


text: Newly incorporated cities that have not received revenues from property taxes may issue temporary non-negotiable notes bearing interest at a rate not exceeding 6 percent per annum to pay lawfully incurred current expenses and the salaries and wages of officers and employees. Said notes must be repaid on or before the last day of the fiscal year in which the money is borrowed and the maturity date of said notes shall not be later than said last day. The aggregate amount of said notes shall not exceed 85 percent of the anticipated revenues for the fiscal year in which the money is borrowed. Said notes shall be repaid only from revenues received during or allocable to the fiscal year in which the money is borrowed.

history: (History: Added by Stats. 1957, Ch. 1740.)

title: 4. GOVERNMENT OF CITIES


text: A city may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit.

title: 4. GOVERNMENT OF CITIES

chapter: 5. City Property

article: 1. General

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 5. City Property > 1. General


text: A city may acquire by eminent domain any property necessary to carry out any of its powers or functions.

history: (History: Added by Stats. 1975, Ch. 1240.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The legislative body may purchase, lease, exchange, or receive such personal property and real estate situated inside or outside the city limits as is necessary or proper for municipal purposes. It may control, dispose of, and convey such property for the benefit of the city. The legislative body shall not sell or convey any portion of a water front, except to the State for use as a public beach or park, unless by a four-fifths vote of its members the legislative body finds and determines that the water front to be sold or conveyed is not suitable for use as a public beach or park.

history: (History: Amended by Stats. 1957, Ch. 1772.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
(a) Prior to the entering into agreement to finance the lease or lease-purchase of property through the issuance of certificates of participation of lease revenue bonds, the legislative body of a city may elect, by resolution, to guarantee payment under that financing agreement in accordance with the following:

(1) A city that elects to participate under this section shall provide notice to the Controller of that election, which notice shall include a schedule for the payments to be made by the city under that financing agreement, and identify a trustee appointed by the city for the purposes of this section.

(2) In the event that, for any reason, the funds otherwise available to the city will not be sufficient to make any payment under the financing agreement at the time that payment is required, the city shall so notify the bond trustee. The trustee shall immediately communicate that information to the affected holders of certificates of participation or bondholders, and to the Controller.

(3) When the Controller receives notice from the trustee as described in paragraph (2), or the city fails to make any payment under the financing agreement at the time that payment is required, the Controller shall make an apportionment to the trustee in the amount of that required payment for the purpose of making that payment. The Controller shall make that payment only from moneys credited to the Motor Vehicle License Fee Account in the Transportation Tax Fund to which that city is entitled at that time under Chapter 5 (commencing with Section 11001) of Part 5 of Division 2 of the Revenue and Taxation Code, and shall thereupon reduce, by the amount of the payment, the subsequent allocation or allocations to which the city would otherwise be entitled under that chapter.

(b) This section shall not be construed to obligate the State of California to make any payment to a city from the Motor Vehicle License Fee Account in the Transportation Tax Fund in any amount or pursuant to any particular allocation formula, or to make any other payment to a city, including, but not limited to, any payment in satisfaction of any debt or liability incurred or guaranteed by a city in accordance with this section.

history: (History: Added by Stats. 1990, Ch. 1177, Sec. 3. Effective September 24, 1990.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The legislative body may erect and maintain buildings for municipal purposes.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: After January 1, 1980, with respect to the construction, purchase, or lease of buildings which are located or will be located in a standard metropolitan statistical area (SMSA) with a population of 250,000 or more according to the most recent decennial census, which is served by a public transit operator, as defined in Section 99210 of the Health and Safety Code, the legislative body shall give consideration to the location in existing public transit corridors, as defined in Section 50093.5 of the Health and Safety Code, for the area. Construction, purchase, or lease of buildings at locations outside of existing public transit corridors may be approved after the legislative body has determined: (1) the purpose of the facility does not require transit access; or (2) it is not feasible to locate the facility in an existing transit corridor; or (3) the transit operator will provide service as needed to effectively serve the facility. The board may request the assistance of the transit operator in making its determination and shall notify the operator of its decision.

history: (History: Added by Stats. 1979, Ch. 718.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The requirements of Section 37352.1 shall be met if the legislative body has obtained from the transportation planning agency approval of its procedures and criteria for giving adequate consideration to the location of existing public transit corridors when acquiring public buildings or if the legislative body is the governing body of the transit operator. Before the transportation planning agency approves such procedures and criteria, any transit operator in the county shall have 45 days to review and comment.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
The legislative body may acquire property needed for:

(a) Parking motor vehicles.

(b) Opening and laying out any street, alley, lane, or tunnel from the point where it ceases to the point where it again commences. It may lay out and improve such a street, alley, lane, or tunnel and pay the expense incurred out of the general fund.

(c) Golf courses; provided, however, that no existing golf course may be acquired by means of proceedings pursuant to eminent domain.

history: (History: Amended by Stats. 1963, Ch. 2067.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
The legislative body may accept or reject any gift, bequest, or devise made to or for the city, or to or for any of its officers in their official capacity or in trust for any public purpose.

It may hold and dispose of the property and the income and increase from the property for such uses as are prescribed in the terms of the gift, bequest, or devise.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: If the terms of a gift, bequest, or devise do not prescribe or limit the uses to which the property received or the income or increase from it may be put, it may be put to such uses as the legislative body prescribes.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: When the legislative body determines that the public interest or convenience requires the construction and maintenance of passageways or other structures under or over any public alley in the city, to connect buildings located on abutting property and facilitate the public use of the streets, it may grant revocable permits for their construction and maintenance. They shall be constructed and maintained so as not to interfere with public traffic on the alley. The city may regulate the use of such passageways or structures.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: By majority vote the legislative body may grant property owners or proprietors of manufacturing or industrial enterprises the right to construct, maintain, and operate spur tracks from their premises to a connection with any railroad. The legislative body may revoke the grant.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: When the State has granted a city tide and submerged lands within its boundaries, it may grant any portion of such lands to the United States for public or governmental uses, including military or naval purposes. Such a grant may be made only if it has been approved by a vote of a majority of the city electors voting upon the proposition.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: Unless otherwise provided by law, the legislative body having control of any property owned or controlled by the city may at any time withdraw the property from the personal access and use of members of the public, or limit the access or use in area or time or in any other reasonable manner deemed necessary. Any person thereafter using the property without permission or in a manner other than that prescribed is a trespasser. This section does not limit or restrict any person from access or use who has a private right in the property.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The legislative body of any city having jurisdiction over any tide, submerged, or reclaimed lands of the city, which lands or any interest therein are sought by the United States in eminent domain proceedings, is authorized to enter into any compromise with respect to such lands which seems just and expedient to it. Nothing in this section shall be construed to relinquish any reservation to deposits of oil and gas and other hydrocarbon and mineral deposits and rights of way giving access to such deposits as prescribed in Section 6402 of the Public Resources Code that has been made by the State in granting such lands to the city.

history: (History: Added by Stats. 1953, Ch. 170.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
(a) The legislative body may acquire property for the preservation or development of a historical landmark. The legislative body may also acquire property for development for recreational purposes and for development of facilities in connection therewith.

(b) The legislative body may provide for places, buildings, structures, works of art, and other objects, having a special character or special historical or aesthetic interest or value, special conditions or regulations for their protection, enhancement, perpetuation or use, which may include appropriate and reasonable control of the use or appearance of neighboring private property within public view, or both.

(c) Until January 1, 1995, subdivision (b) shall not apply to noncommercial property owned by a religiously affiliated association or corporation not organized for private profit, whether incorporated as a religious or public benefit corporation, unless the owner of the property does not object to its application. This subdivision does apply to a charter city. Nothing in this subdivision shall be construed to infringe on the authority of the legislative body to enforce special conditions and regulations on any property designated prior to January 1, 1994. Subdivision (b) shall not apply to noncommercial property owned by any association or corporation that is religiously affiliated and not organized for private profit, whether the corporation is organized as a religious corporation, or as a public benefit corporation, provided that both of the following occur:

(1) The association or corporation objects to the application of the subdivision to its property.

(2) The association or corporation determines in a public forum that it will suffer substantial hardship, which is likely to deprive the association or corporation of economic return on its property, the reasonable use of its property, or the appropriate use of its property in the furtherance of its religious mission, if the application is approved.

(d) Nothing in this subdivision shall be construed to infringe on the authority of any legislative body to enforce special conditions and regulations on any property designated prior to January 1, 1994, or to authorize any legislative body to override the determination made pursuant to paragraph (2) of subdivision (c). This subdivision shall apply to a charter city.

history: (History: Amended by Stats. 1999, Ch. 550, Sec. 10. Effective September 28, 1999. Operative January 1, 2000, by Sec. 33 of Ch. 550.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: Notwithstanding anything in this chapter to the contrary, the legislative body may convey, upon such terms and conditions as it determines to be in the public interest, any surplus real property, together with any building thereon, owned by the city which has been determined by the legislative body to be of general historical interest, to an association or society the purpose of which is to research and promote the city’s historical heritage or to preserve property of historical interest in the city and which is a nonprofit corporation formed under the laws of this state. Any such conveyance shall contain a condition to the effect that the historical nature of the property be restored, preserved, or both, for the benefit of the citizens of the city, and that title will revert to the city in the event that the association or society conveys the property in question to any person or entity which is not a nonprofit corporation involved with preserving and researching the history of the city.

history: (History: Added by Stats. 1980, Ch. 69.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The Legislature hereby finds that many persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code, cannot afford to purchase housing in the conventional housing market. The Legislature also recognizes that cities occasionally acquire residential property requiring substantial rehabilitation prior to being deemed habitable. Since maintenance of existing housing stock and the extension of opportunities for homeownership are desirable objectives, the Legislature declares that the public interest would be well served if cities were empowered to sell such residential property at less than market value to such persons and families of low or moderate income, on condition that the purchaser rehabilitate the home and reside therein for a specified length of time. The provisions of this section shall apply to a chartered city.

history: (History: Amended by Stats. 1979, Ch. 1191.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: When the legislative body of a city finds the public interest and convenience require the sale for less than the market price of residential property acquired by the city, it may pass an ordinance providing for such sale. The ordinance shall set forth the procedure to be followed in completing such sales, including the qualifications required of a purchaser of such property, and shall contain provisions requiring that the purchaser of the property live in the property for a specified length of time and must rehabilitate such property to the extent specified in the ordinance; provided, however, that title to the property shall not be transferred until all the requirements set forth in the ordinance have been satisfied. Upon transfer of title by the city pursuant to any ordinance adopted under the provisions of this section, compliance with the requirements of the ordinance shall be conclusively presumed in favor of a bona fide purchaser or encumbrancer for value. Persons eligible to purchase such residential property shall be persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code. To the greatest extent possible, cities shall utilize such ordinances to assist very low income households, as defined by Section 50105 of the Health and Safety Code, and lower income households, as defined by Section 50079.5 of the Health and Safety Code. The provisions of this section shall apply to a chartered city.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
(a) The Legislature reaffirms its finding that the provision of housing for all Californians is a concern of vital statewide importance. The Legislature recognizes that real property of cities can be utilized, in accordance with a city’s best interests, to provide housing affordable to persons and families of low or moderate income. Therefore, notwithstanding any provision of a city’s charter, or any other provision of law, whenever the legislative body of a city determines that any real property or interest therein owned or to be purchased by the city can be used to provide housing affordable to persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code or as defined by the United States Department of Housing and Urban Development or its successors, and that this use is in the city’s best interests, the city may sell, lease, exchange, quitclaim, convey, or otherwise dispose of the real property or interest therein at less than fair market value, or purchase an interest in the real property, to provide that affordable housing under whatever terms and conditions the city deems best suited to the provision of such housing.

(b) Not less than 80 percent of the area of any parcel of property disposed of pursuant to this section shall be used for development of housing.

(c) Not less than 40 percent of the total number of those housing units developed on any parcel pursuant to this section shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households, and at least half of which shall be affordable to very low income households.

(d) Dwelling units produced for persons and families of low or moderate income under this section shall be restricted by regulatory agreement to remain continually affordable to those persons and families for the longest feasible time, but not less than 30 years, pursuant to a method prescribed by the city. The regulatory agreement shall contain a provision making the covenants and conditions of the agreement binding upon successors in interest of the housing sponsor. The regulatory agreement shall be recorded in the office of the county recorder of the county in which the housing development is located. The regulatory agreement shall be recorded in the grantor-grantee index to the name of the property owner as grantor and to the name of the city as grantee.

(e) The provisions of this section shall apply to all cities, including charter cities.

(f) The definitions of “persons and families of low and moderate income,” “lower income households,” and “very low income households” set forth in Sections 50079, 50093, and 50105 of the Health and Safety Code shall apply to this section.

history: (History: Amended by Stats. 1988, Ch. 1604, Sec. 2.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
(a) A city may lease property owned or held or controlled by it, or any of its departments, for not to exceed 55 years.

(b) Notwithstanding the 55-year limitation in subdivision (a), a city may lease property owned or held or controlled by it, or any of its departments or boards for a period exceeding 55 years but not exceeding 99 years, if all of the following conditions are met:

(1) The lease shall be subject to periodic review by the city and shall take into consideration the then current market conditions. The local legislative body may, prior to final execution of the lease, establish the lease provisions which will periodically be reviewed, and determine when those provisions are to be reviewed.

(2) Any lease entered into pursuant to this section shall be authorized by an ordinance adopted by the legislative body. The ordinance shall be subject to referendum in the manner prescribed by law for ordinances of cities.

(3) Prior to adopting an ordinance authorizing a lease, the governing body shall hold a public hearing. Notice of the time and place of the hearing shall be published pursuant to Section 6066 in one or more newspapers of general circulation within the city, and shall be mailed to any person requesting special notice, to any present tenant of the public property, and to all owners of land adjoining the property.

(4) Any lease shall be awarded to the bidder which, in the determination of the legislative body, offers the greatest economic return to the city, after competitive bidding conducted in the manner determined by the legislative body. Notice inviting bids shall be published pursuant to Section 6066 in one or more newspapers of general circulation within the city.

The provisions of paragraphs (2), (3), and (4) do not apply to any charter city, which may utilize a procedure as specified by charter or adopted by ordinance in accordance with its charter.

history: (History: Amended by Stats. 1983, Ch. 720, Sec. 2.)

title: 4. GOVERNMENT OF CITIES

article: 2. Leases

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 5. City Property > 2. Leases


text: A city may lease city land used for agricultural or horticultural purposes upon which sewage or waste water is discharged for not to exceed twenty-five years.

title: 4. GOVERNMENT OF CITIES

article: 2. Leases


text: A city may lease city property not acquired for park purposes for not to exceed thirty-five years for the production of minerals, oil, gas, or other hydrocarbon substances.

title: 4. GOVERNMENT OF CITIES

article: 2. Leases


text: Except when the state grant specifically provides otherwise, a city may lease tide or submerged lands for not to exceed fifty years.

title: 4. GOVERNMENT OF CITIES

article: 2. Leases


text: A city may lease tide and submerged lands, the wharves, docks, piers, and other structures or improvements on these lands, and as much of the uplands abutting upon them as the legislative body deems necessary for the proper development and use of its waterfront and harbor facilities, for not to exceed 66 years.

history: (History: Amended by Stats. 1961, Ch. 196.)

title: 4. GOVERNMENT OF CITIES

article: 2. Leases


text:
A city may lease such tide and submerged lands and uplands for:

(a) Industrial uses.

(b) Improvement and development of city harbors.

(c) Construction and maintenance of wharves, docks, piers, or bulkhead piers.

(d) Other public uses consistent with the requirements of commerce or navigation in city harbors.

title: 4. GOVERNMENT OF CITIES

article: 2. Leases


text: When the legislative body deems that industrial use of such tidelands and uplands is inimical to the best interest of the city, it may lease them for park, recreational, residential, or educational purposes, under conditions not inconsistent with the trust imposed upon the tidelands by the Constitution.

title: 4. GOVERNMENT OF CITIES

article: 2. Leases


text: A city may lease property owned or held or controlled by it or any of its departments for not to exceed fifty years to any nonprofit corporation for a housing development on the property.

title: 4. GOVERNMENT OF CITIES

article: 2. Leases


text:
A city may lease or sublease property owned, leased, or otherwise controlled by it for not to exceed fifty years for airport purposes or purposes incidental to aircraft, including:

(a) Manufacture of aircraft, airplane engines, and aircraft equipment, parts, and accessories.

(b) Construction and maintenance of hangars, mooring masts, flying fields, signal lights, radio equipment, service shops, conveniences, appliances, works, structures, and other air navigation, aircraft, and airplane engine manufacturing plants and facilities.

title: 4. GOVERNMENT OF CITIES

article: 2. Leases


text: A city may lease sewage and sewage effluent for not to exceed fifty years.

title: 4. GOVERNMENT OF CITIES

article: 2. Leases


text: A city or any of its departments may lease or sublease land to the State or any of its political subdivisions, or any nonprofit corporation, for fair, exposition, celebration, or exhibition purposes, for not to exceed fifty years.

title: 4. GOVERNMENT OF CITIES

article: 2. Leases


text: A city or any of its departments may lease or sublease land to the state for housing personnel and equipment, or to the State Adjutant General for military or armory purposes, for not to exceed 99 years.

history: (History: Amended by Stats. 2002, Ch. 454, Sec. 16. Effective January 1, 2003.)

title: 4. GOVERNMENT OF CITIES

article: 2. Leases


text: A city, district, or other public corporation, acting individually or jointly with others, may lease sewers and sewage treatment and disposal facilities, and any land, rights of way, or other property appurtenant thereto, to any other city or to any county, city and county, municipal corporation, public district, sanitation district or other public corporation, or any two or more of them acting jointly, for any term or in perpetuity. A city, district or other public corporation, acting individually or jointly with others, may grant to any other city or to any county, city and county, municipal corporation, sanitation district, public district or other public corporation, or any two or more of them acting jointly, a perpetual right of use, or right of use for any term, in any such facilities, land or other property.

history: (History: Added by Stats. 1951, Ch. 68.)

title: 4. GOVERNMENT OF CITIES

article: 2. Leases


text: Notwithstanding Section 718 of the Civil Code, a city may lease any of its lands to a county, county water authoritiy, or special district for the purpose of constructing, operating, maintaining, and replacing a dam, reservoir, and appurtenant facilities to collect, divert, and store water for all beneficial uses, including development of power, flood control, and recreational uses. The lease may be for any term, but not to exceed the time during which the lands are devoted to the purposes and uses authorized by this section.

history: (History: Added by Stats. 1983, Ch. 166, Sec. 1.)

title: 4. GOVERNMENT OF CITIES

article: 2. Leases


text: A lease of an interest in real property of a city shall be recorded in the office of the recorder of the county in which the property is located.

history: (History: Added by Stats. 1949, Ch. 79.)

title: 4. GOVERNMENT OF CITIES

article: 2. Leases


text: A city or city and county may lease property owned, held or controlled by it for not to exceed 55 years, if the contemplated use of the property is for off-street parking purposes. This section is applicable to any lease executed on or after January 1, 1986.

history: (History: Amended by Stats. 1986, Ch. 515, Sec. 1. Effective July 24, 1986.)

title: 4. GOVERNMENT OF CITIES

article: 2. Leases


text: A city may lease for not to exceed 55 years property owned, held, or controlled by it, or any of its departments, for commercial development for business purposes, when the governing body determines by ordinance or resolution that the property is not required for other city purposes. This section is applicable to any lease executed on or after January 1, 1986.

history: (History: Amended by Stats. 1986, Ch. 515, Sec. 2. Effective July 24, 1986.)

title: 4. GOVERNMENT OF CITIES

article: 2. Leases


text:
(a) A city, county, or city and county may lease property owned, held, or controlled by it for not to exceed 99 years, for stadium, park, recreational, fair, exposition, or exhibition purposes, or for general sports purposes such as training and competitive sports.

(b) On and after April 24, 2002, a lease executed pursuant to this section on territory annexed pursuant to Section 56742, may not include a shopping center, hotel, motel, or lodging house, but may include a lease for all other purposes authorized under this section, including a lease for either or both of the following purposes:

(1) Any dormitory or medical facility that exclusively, except in the case of a medical emergency, serves individuals participating in training or competitions held at the site leased pursuant to subdivision (a).

(2) Any food facility, as defined by Section 113785 of the Health and Safety Code, food vending, and sales of goods and services incidental to, and in support of, the purposes of the lease.

(c) A lease made by a county pursuant to this section is subject to Article 8 (commencing with Section 25520) of Chapter 5 of Part 2 of Division 2 of Title 3.

history: (History: Amended by Stats. 2025, Ch. 242, Sec. 7. (SB 858) Effective January 1, 2026.)

title: 4. GOVERNMENT OF CITIES

article: 2. Leases


text: The provisions of this article are alternative to Sections 37350 and 37351 of this code and any other authority granted by law to cities to dispose of city-owned property.

history: (History: Amended by Stats. 1955, Ch. 1330.)

title: 4. GOVERNMENT OF CITIES

article: 3. Sale of Buildings and Sites

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 5. City Property > 3. Sale of Buildings and Sites


text: When the legislative body of a city finds the public interest and convenience require the sale of any public building and site dedicated to a public use, it may adopt a resolution of its finding and intention to sell the property.

history: (History: Amended by Stats. 1955, Ch. 624.)

title: 4. GOVERNMENT OF CITIES

article: 3. Sale of Buildings and Sites


text:
The resolution shall:

(a) Fix a time for hearing protests to the sale.

(b) Provide for publication of the notice of hearing.

(c) Fix the time final action will be taken.

(d) Contain an accurate description of the property to be sold.

title: 4. GOVERNMENT OF CITIES

article: 3. Sale of Buildings and Sites


text: The resolution shall be published at least once in a daily newspaper published and circulated in the city or, if there is none, the legislative body shall designate a newspaper published in the county. It shall also be posted for not less than ten days in at least three conspicuous places upon each parcel of real property affected.

title: 4. GOVERNMENT OF CITIES

article: 3. Sale of Buildings and Sites


text: At any time prior to final action, any person interested may protest the proposed sale. The protest may be written and delivered to the clerk of the legislative body or oral at the meeting considering the resolution. The legislative body shall hear and pass upon the protest.

title: 4. GOVERNMENT OF CITIES

article: 3. Sale of Buildings and Sites


text: If no protests are received or the legislative body overrules the protests by a four-fifths vote of its members, it may proceed with the sale.

title: 4. GOVERNMENT OF CITIES

article: 3. Sale of Buildings and Sites


text: If four-fifths of the legislative body do not vote to complete the sale, it shall not take further steps for sale of the property for six months after final action unless it shall first call a special election on the question.

history: (History: Amended by Stats. 1949, Ch. 354.)

title: 4. GOVERNMENT OF CITIES

article: 3. Sale of Buildings and Sites


text: The legislative body may adopt an ordinance calling and fixing the date of a special election at which the proposition of sale of the property will be submitted to the city electors.

title: 4. GOVERNMENT OF CITIES

article: 3. Sale of Buildings and Sites


text: If a majority of the votes is for the proposition, the legislative body may sell the property.

title: 4. GOVERNMENT OF CITIES

article: 3. Sale of Buildings and Sites


text: The legislative body may agree with the purchaser of the property that the city will remain in temporary occupancy after the sale until other arrangements have been completed. It may agree to include the value of such occupancy in the purchase price or enter into a separate lease or rental agreement.

title: 4. GOVERNMENT OF CITIES

article: 3. Sale of Buildings and Sites


text: If a legislative body sold property prior to May 23, 1945, by a proceeding substantially complying with this article, the sale is as effective as if it had occurred after that date.

title: 4. GOVERNMENT OF CITIES

article: 3. Sale of Buildings and Sites


history: (History: Added by Stats. 1957, Ch. 1552.)

title: 4. GOVERNMENT OF CITIES

article: 3.5. Sale and Leases of Airports

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 5. City Property > 3.5. Sale and Leases of Airports


text: This article applies only to a municipal airport or property owned by a city for the purposes specified in Section 37442, which property is restricted, under the terms of the instrument conveying the property to the city, to use for airport purposes.

title: 4. GOVERNMENT OF CITIES

article: 3.5. Sale and Leases of Airports


text:
Pursuant to this article the legislative body of a city may sell, or lease for a term not exceeding 20 years with an option to purchase, any municipal airport or any property owned by a city for airport purposes or purposes incidental to aircraft, including:

(a) Manufacture of aircraft, airplane engines, and aircraft equipment, parts, and accessories.

(b) Construction and maintenance of hangars, mooring masts, flying fields, signal lights, radio equipment, service shops, conveniences, appliances, works, structures, and other air navigation, aircraft, and airplane engine manufacturing plants and facilities.

The sale or lease shall be made in such manner and upon such terms and conditions as the legislative body may specify.

title: 4. GOVERNMENT OF CITIES

article: 3.5. Sale and Leases of Airports


text: In any sale or lease of property with option to purchase, made or entered into pursuant to Section 37442, the purchase price for any property sold or the consideration for or rentals payable pursuant to any lease shall be payable at such times and in such amounts as the legislative body may determine. In any sale or lease of such property with option to purchase, the legislative body may provide that all or any part of the unpaid portion of the purchase price shall be secured by a mortgage or deed of trust. Where such property is leased with an option to purchase, the legislative body may provide that all or any portion of the consideration paid for or rentals received by the city under said lease may be credited against the purchase price specified therein. Any sale or lease of such property with option to purchase shall be made subject to any duty or obligation imposed by law or contract upon the city with respect to such property. Any sale of such property shall be made subject to the requirement that the purchaser use the property, or allow the use of such property, as a public airport for not less than 10 years from the date of the sale unless earlier discontinuance of such use is permitted by the Administrator of the Civil Aeronautics Administration of the United States Department of Commerce.

title: 4. GOVERNMENT OF CITIES

article: 3.5. Sale and Leases of Airports


text: No sale or lease of any property with option to purchase shall be made or entered into pursuant to Section 37442 except when previously authorized by ordinance adopted by a four-fifths vote of all members of the legislative body. No vote of the electors of the city shall be required to authorize any such sale or lease of property with option to purchase, but any ordinance adopted authorizing such sale or lease shall be subject to referendum in the manner provided by law.

title: 4. GOVERNMENT OF CITIES

article: 3.5. Sale and Leases of Airports


text: As used in this article, “veteran” means a soldier, sailor, airman, guardian, or marine who has served the United States honorably in any of its wars.

history: (History: Amended by Stats. 2022, Ch. 379, Sec. 11. (AB 1715) Effective January 1, 2023.)

title: 4. GOVERNMENT OF CITIES

article: 4. Veterans’ Homes

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 5. City Property > 4. Veterans’ Homes


text: A city may provide and maintain homes for veterans. It may also provide and maintain buildings, memorial halls, and meeting places for veterans’ patriotic, fraternal, and benevolent associations.

title: 4. GOVERNMENT OF CITIES

article: 4. Veterans’ Homes


text: The legislative body may acquire real or personal property necessary for such buildings, by condemnation or otherwise. It may improve, manage, and control such property.

title: 4. GOVERNMENT OF CITIES

article: 4. Veterans’ Homes


text: The legislative body may furnish sites for such buildings, and may use any portion of a public lot, block, or park for such purpose.

title: 4. GOVERNMENT OF CITIES

article: 4. Veterans’ Homes


text: The legislative body may purchase, lease, construct, furnish, or repair such buildings. It may provide all necessary employees and supplies for the proper maintenance of the buildings.

title: 4. GOVERNMENT OF CITIES

article: 4. Veterans’ Homes


text: The legislative body may establish a fund for the purposes of this article, and transfer money from the general fund to such fund as it deems necessary.

title: 4. GOVERNMENT OF CITIES

article: 4. Veterans’ Homes


text: The city may incur a bonded indebtedness for the purposes of this article.

title: 4. GOVERNMENT OF CITIES

article: 4. Veterans’ Homes


text: To accomplish the objects of this article, the city may combine with the county in which it is situated and hold property and expend money jointly with the county.

title: 4. GOVERNMENT OF CITIES

article: 4. Veterans’ Homes


text: Except as otherwise provided in this article, the provisions of Article 1 (commencing with Section 43600) of Chapter 4 of Division 4 apply to all proceedings initiated pursuant to this article.

history: (History: Amended by Stats. 1982, Ch. 454, Sec. 78.)

title: 4. GOVERNMENT OF CITIES

article: 5. Assembly or Convention Halls

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 5. City Property > 5. Assembly or Convention Halls


text: A city may acquire, by condemnation or otherwise, the necessary land and construct and maintain a public assembly or convention hall upon it, and may incur indebtedness for such purpose pursuant to this article.

title: 4. GOVERNMENT OF CITIES

article: 5. Assembly or Convention Halls


text: The resolution initiating bonding proceedings may be enacted by majority vote of the legislative body.

title: 4. GOVERNMENT OF CITIES

article: 5. Assembly or Convention Halls


text: In addition to other required recitations, the ordinance calling the election shall recite the rate of interest to be paid on the indebtedness.

title: 4. GOVERNMENT OF CITIES

article: 5. Assembly or Convention Halls


text: The ordinance shall be published in a newspaper published in the city, once a day for five days if in a daily paper, or once a week for three successive weeks, if in a weekly paper.

title: 4. GOVERNMENT OF CITIES

article: 5. Assembly or Convention Halls


text:
Money obtained from the use of such building shall be deposited in the city treasury to the credit of the proper fund and applied, in order, to the following purposes exclusively:

(a) The necessary expenses of maintaining, insuring, and making improvements and repairs on, the hall.

(b) Payment of interest and principal on the bonds.

(c) The surplus remaining may be appropriated and used for general municipal purposes.

title: 4. GOVERNMENT OF CITIES

article: 5. Assembly or Convention Halls


text: In cities not having a board of public works, by ordinance the legislative body may appoint a commission to select the site for the building, supervise its construction, and manage its use. By ordinance, the legislative body shall prescribe the powers and duties of the commission.

title: 4. GOVERNMENT OF CITIES

article: 5. Assembly or Convention Halls


text: By ordinance, the legislative body may establish a public museum of natural and historical objects in a city where there is none.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 5. City Property > 6. Museums


text: Upon receiving a petition signed by one-third of the city electors, the legislative body shall establish a museum in such a city. Where several petitions are submitted, they shall be in substantially the same form.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: With the consent of the legislative body, the mayor shall appoint a board of five museum trustees to manage the museum.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: The trustees shall hold office for three years, and shall serve without compensation. The members of the first board shall classify themselves by lot so that the term of one trustee expires at the end of the current fiscal year, two at the end of the next year, and two at the end of the second year. Vacancies shall be filled by appointment for the unexpired term.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: The board of museum trustees shall meet at least once a month at the time and place it fixes by resolution. Three trustees may call a special meeting by serving written notice upon the other members at least three hours before the meeting.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: A majority of the board constitutes a quorum for the transaction of business.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: The board shall appoint one of its members president. That member shall serve for one year and until a successor is appointed. In the president’s absence, the board shall select a president pro tempore.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 23. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: The board shall cause a proper record of its proceedings to be kept.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: At its first meeting the board shall cause a certificate to be filed with the State Superintendent of Public Instruction, showing the date the museum was established and the names of the trustees and officers.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: The board may make and enforce all regulations necessary for the administration and protection of the museum and museum property. Violations of such regulations are punishable by fine or exclusion from the privileges of the museum.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: If the board determines that the city legislative body has not provided suitable buildings for the museum, it may purchase real property and erect, or rent, and equip such buildings as it deems necessary.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: The board may administer any trust created for the museum. It may receive property situated in or out of the State by gift, devise, or bequest and hold it in trust or otherwise. Except where the gift, devise, or bequest provides otherwise, it may dispose of such property for the benefit of the museum.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: The board may appoint and prescribe the duties and powers of the curator, secretary, and other officers and employees of the museum. It may determine the number and fix the compensation of officers and employees. Officers and employees hold office at the pleasure of the board.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: The board may purchase personal property, including necessary publications and objects of natural or historical value.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: The board may borrow objects of natural or historical value from, lend such objects to, and exchange them with, other museums. It may allow nonresidents to borrow such objects, and may accept loans of such objects from any person. It may prescribe the conditions of such loans.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: The board may perform any other act necessary or proper to carry out the provisions of this article.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: If payment into the fund is inconsistent with the conditions of a gift, devise, or bequest, the board shall provide for the preservation of the money and its application to the use of the museum, pursuant to such conditions.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: Claims upon the fund shall be presented to the board for allowance. Such claims shall be paid as are other claims against the city.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: Subject to rules and regulations of the board, the museum shall be free to the inhabitants and nonresident taxpayers of the city.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: Unless inconsistent with the terms of its acquisition, the title to property acquired for museum purposes vests in the city. Actions involving the property shall be brought and defended in the name of the city.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: Upon receiving a petition signed by one-half of the city electors, the legislative body may repeal the ordinance establishing the museum. Upon repeal of the ordinance the museum is disestablished.

title: 4. GOVERNMENT OF CITIES

article: 6. Museums


text: This article applies only to cities where a municipal hospital has not been established.

title: 4. GOVERNMENT OF CITIES

path: 4. GOVERNMENT OF CITIES > 3. OFFICERS > 5. City Property > 7. Hospitals Managed by Board of Hospital Trustees


text: Upon receiving a petition signed by 15 percent of the city electors, the legislative body shall submit to the electors at a general or special election the question whether a municipal hospital shall be established in the city.

title: 4. GOVERNMENT OF CITIES

article: 7. Hospitals Managed by Board of Hospital Trustees


text: If a majority of the votes cast at the election is for the proposition, the municipal hospital is established.

title: 4. GOVERNMENT OF CITIES


text: With the consent of the legislative body, the mayor shall appoint a board of seven hospital trustees to manage the hospital. Trustees may be residents or nonresidents of the city.

title: 4. GOVERNMENT OF CITIES


text: The trustees shall hold office for three years. The members of the first board shall classify themselves by lot so that the terms of two trustees expire at the end of the current fiscal year, two at the end of the next year, and three at the end of the second year. Vacancies shall be filled by appointment for the unexpired term.

history: (History: Amended by Stats. 1992, Ch. 72, Sec. 3. Effective May 28, 1992.)

title: 4. GOVERNMENT OF CITIES


text:
The board of trustees shall serve without compensation except that the city council, by resolution adopted by a majority vote of the members of the city council, may authorize the payment of not to exceed one hundred dollars ($100) per meeting not to exceed five meetings per month as compensation to each member of the board of trustees.

Each member of the board of trustees shall be allowed his or her actual necessary traveling and incidental expenses incurred in the performance of official business of the hospital as approved by the board.

history: (History: Added by Stats. 1992, Ch. 72, Sec. 4. Effective May 28, 1992.)

title: 4. GOVERNMENT OF CITIES


text: Notwithstanding any other provision of law, the term of any member of the board of trustees shall expire if he or she is absent from three consecutive regular meetings, or from three of any five consecutive meetings of the board and the city council by resolution declares that a vacancy exists on the board.

history: (History: Added by Stats. 1992, Ch. 72, Sec. 5. Effective May 28, 1992.)

title: 4. GOVERNMENT OF CITIES


text: The board of hospital trustees shall meet at least once a month at the time and place it fixes by resolution. The president, or in the absence of the president, the president pro tempore, or a majority of the trustees may call a special meeting by serving written notice upon the other members by following the procedures prescribed in Section 54956 or 54956.5.

history: (History: Amended by Stats. 1992, Ch. 72, Sec. 6. Effective May 28, 1992.)

title: 4. GOVERNMENT OF CITIES


text:
(a) Except as provided in this section or Section 37624.3, all of the sessions of the board of trustees, whether regular or special, shall be open to the public, and a majority of the members of the board shall constitute a quorum for the transaction of business.

(b) The board of trustees may order a meeting held solely for the purpose of discussion or deliberation, or both, of reports involving hospital trade secrets to be held in closed session. Except as provided in this subdivision, the closed session shall meet all applicable requirements of Chapter 9 (commencing with Section 54950) of Division 2 of Title 5.

(c) “Hospital trade secrets,” as used in this section, means a “trade secret,” as defined in subdivision (d) of Section 3426.1 of the Civil Code, and which meets all of the following:

(1) Is necessary to initiate a new hospital service or program or add a hospital facility.

(2) Would, if prematurely disclosed, create a substantial probability of depriving the hospital of a substantial economic benefit.

(d) The exception provided in subdivision (b) to the general open meeting requirements for a meeting of the board of trustees, shall not apply to a meeting where there is action taken, as defined in Section 54952.6.

(e) Nothing in this section shall be construed to permit the board of trustees to order a closed meeting for the purposes of discussing or deliberating, or to permit the discussion or deliberation in any closed meeting of, any proposals regarding:

(1) The sale, conversion, contract for management, or leasing of any municipal hospital or the assets thereof, to any for-profit or nonprofit entity, agency, association, organization, governmental body, person, partnership, corporation, or hospital district.

(2) The conversion of any municipal hospital to any other form of ownership by the city.

(3) The dissolution of the municipal hospital.

history: (History: Repealed and added by Stats. 1992, Ch. 72, Sec. 8. Effective May 28, 1992.)

title: 4. GOVERNMENT OF CITIES


text:
(a) When a municipal hospital established pursuant to this article is managed by a board of trustees that is appointed by the mayor, the city council may meet in a closed session held solely for the purpose of discussion, deliberation, or both, of reports involving trade secrets of the municipal hospital. Except as provided in this section, the closed session shall comply with all applicable requirements of Chapter 9 (commencing with Section 54950) of Division 2 of Title 5.

(b) “Hospital trade secrets,” as used in this section, means a “trade secret,” as defined in subdivision (d) of Section 3426.1 of the Civil Code, and which meets all of the following:

(1) Is necessary to initiate a new hospital service or program or add a hospital facility.

(2) Would, if prematurely disclosed, create a substantial probability of depriving the hospital of a substantial economic benefit.

(c) The exception provided in subdivision (a) to the general open meeting requirements for a meeting of the city council shall not apply to a meeting where there is action taken, as defined in Section 54952.6.

(d) Nothing in this section shall be construed to permit the city council to order a closed meeting for the purposes of discussing or deliberating, or to permit the discussion or deliberation in any closed meeting of, any proposals regarding any of the following:

(1) The sale, conversion, contract for management, or leasing of any municipal hospital or the assets thereof, to any for-profit or nonprofit entity, agency, association, organization, governmental agency, person, partnership, corporation, or hospital district.

(2) The conversion of any municipal hospital to any other form of ownership by the city.

(3) The dissolution of the municipal hospital.

history: (History: Added by Stats. 2006, Ch. 157, Sec. 1. Effective January 1, 2007.)

title: 4. GOVERNMENT OF CITIES


text: The board shall appoint one of its members president. That member shall serve for one year and until a successor is appointed. In the president’s absence, the board shall select a president pro tempore.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 24. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES


text: The board shall cause a proper record of its proceedings to be kept.

history: (History: Added by Stats. 1949, Ch. 79.)

title: 4. GOVERNMENT OF CITIES


text: The board may make and enforce all regulations necessary for the administration, protection, and maintenance of the hospital and hospital property.

title: 4. GOVERNMENT OF CITIES