Adelanto Municipal Code Art. VI City Council

The City Council shall be the legislative body of the City.

(1st Amendment at November 5, 2002 General Election, 2nd Amendment November 2, 2004 General Election)

(a) The office of the Mayor is hereby created. At the election next following the election at which this amendment to the Charter is confirmed, the Mayor of the City shall be elected directly by the electorate. Commencing with the General Municipal Election in the 2006 duly elected Mayor shall serve for a term of four (4) years.

(b) The Mayor shall, in addition performance of his/her duties as Mayor, preside at all City Council meetings, represent the City as the ceremonial head of City Government, and perform such other acts as may be required of him/her, as directed by the City Council, consistent with this Charter, ordinance of the City, other applicable law, or law applicable to general law cities with directly elected mayors. Except as otherwise provided herein and/or provided by state law or ordinance of the City, the elected Mayor shall be considered a regular voting member of the City Council, for all purposes under, and subject to, the terms of this Charter. In the case of the absence or disability of the Mayor, the Mayor Pro Tempore shall act in his/her place and stead.

(c) By the affirmative vote of not less than three (3) members, the City Council shall choose one of its members as Mayor Pro Tempore, upon the following occasions:

(1) In even numbered years, at the regular Council meetings held for the purpose of canvassing the results of the General Municipal Election; and

(2) In odd numbered years, at the first regular Council meeting held during the month of December, or the next regular meeting of the Council held thereafter; or

(3) At such other times as a majority of Council shall so order.

Any vacancy occurring in any elective office of the City may be filled by the City Council, by resolution, adopted by affirmative votes of a majority of the quorum of the then City Council. If the City council fails, for any reason, to fill such vacancy within a period of thirty (30) days from and after such office becomes vacant, it shall, as maybe required by general law, call and hold an election to fill such vacancy. A person appointed or elected to fill a vacancy in elective office shall hold such office for the unexpired term of the former incumbent.

If at any time three (3) or more vacancies occur in elective offices of the City, the following procedures shall take place:

(a) If such situation qualifies under the provisions of a disaster as provided by applicable law and the City has provided for the preservation of local government as provided there under, such preservation shall be observed; or

(b) If such situation does not so qualify, or if such preservation has not been provided, the Governor of the State of California shall temporarily appoint qualified persons to such three (3) or more vacant offices for the limited purpose hereinafter set forth. Upon such persons being so appointed, the City Council, as thus constituted, shall meet forthwith at a time and place to be selected by the City Clerk for the purpose of calling a special election to elect qualified persons to the office temporarily filled by such appointments. Such temporary appointees shall continue to hold such elective offices until their successors have been duly elected and qualified.

(a) Time and Place. Regular meetings of the City Council shall be conducted at such time and place as are established by ordinance.

(b) Open to the Public. Except as otherwise herein provided, each and every meeting of the City Council, be it a regular or special meeting or an adjourned regular or special meeting, shall be open to all members of the general public.

(c) Application of Brown Act. Except as otherwise herein provided, the provisions of the Brown Act shall apply to all meetings and acts of the City Council and its members.

(d) Quorum. Three (3) members of the City Council shall constitute a quorum for the purpose of transacting business of the City Council.

(e) Oaths. The Mayor, each member of the Council and the City Clerk shall have the power to administer oaths or affirmations in proceedings pending before the City Council.

(f) Subpoenas. The City Council shall have the power to compel, by subpoena, the attendance of witnesses and the production of any relevant evidence at any meeting of the City Council, or at any duly appointed Board or Commission, or at any hearing held before any officer or employee of the City. Subpoenas shall be issued by the City Clerk, upon order of the City Council, in the name of the City, and shall be served in the manner prescribed by applicable law for the service of subpoenas in judicial actions. Disobedience to a subpoena or the refusal to testify to relevant matters before the Council, except upon valid constitutional grounds, shall constitute a misdemeanor and shall be punishable as such.

(g) Rules for Proceedings. The City Council may establish rules for the conduct of its proceedings, including, but not limited to, provision for the punishment of any person who engages in disorderly conduct at a City Council meeting.

Councilors of the City shall be reimbursed for necessary expenses actually incurred in the performance of official duties. Such reimbursement shall not be made unless approved by the affirmative vote of not less than three (3) members of the City Council. The City Council shall establish a procedure for the reimbursement of other officers and employees of the City for expenditures incurred by them in the performance of official duties.

Compensation of Councilors, other than reimbursement for expenses, may be established in the manner and amount as provided by general law, relating to counciloric salaries in general law cities in this state.

Except as otherwise provided in this Charter or by applicable law, the enactment of ordinances by the City Council shall be accomplished in accordance with the provisions of this Section.

(a) Meetings. Ordinances may be adopted at either regular, special or adjourned regular or special meetings of the City Council.

(b) Adoption of Ordinances. Ordinances shall be adopted in the manner and according to the procedure provided by general law, except as modified herein.

(c) Effective Date of Ordinances. Ordinances shall be effective in the time and manner provided by general law.

(d) Vote Required. No ordinance of this City shall become effective unless the same is adopted by the affirmative votes of at least three (3) members of the Council, except for ordinance by the adoption of which this Charter or applicable or general law requires a greater number of affirmative vote.

(e) Form. Each ordinance shall bear a title which shall briefly describe the subject matter of the ordinance and shall contain the following enacting clause: "The City Council of the City of Adelanto does ordain..." Each ordinance adopted by the City Council shall be signed by the Mayor, whose signature thereon shall be attested to by the City Clerk.

(f) Violation. Penalty. A violation of any duly enacted ordinance of the City shall constitute a misdemeanor which shall be prosecuted in the manner prescribed by applicable law. The city Council, by ordinance, shall provide for the place imprisonment for such violation and may provide that persons convicted of a violation of any such ordinance may be compelled to perform labor on public works of the City. Certain violations may, by ordinance, be classified as infractions.

(g) Codification. Any and all ordinances of the City may be compiled, consolidated, or recompiled and/or reconsolidated, and indexed and arranged in a comprehensive municipal ordinance code. Such code may be adopted by ordinance reference. Such code, if adopted by reference, need not be published in the manner required for other ordinances provided that

(1) Not less than three (3) copies thereof shall be on file in the office of the City Clerk, available for examination by members of the public prior to the adoption thereof; and

(2) The final adoption of such code shall not take place until a public hearing is held before the City Council to allow interested persons to express their views on such proposed Code; and

(3) Notice of such public hearings is given as required by general law, and

(4) Detailed regulations pertaining to any subject, such as building regulations, when arranged in a comprehensive code including maps, charts or diagrams, may also be adopted by reference in the manner provided in this Section, and

(5) Amendments to such code shall be enacted only by ordinance and, if no adoption by reference is involved, the procedure set forth in this subparagraph shall not apply to such adoption.

(h) Publication. Publication of ordinances shall be as provided for general law cities.

(a) Council Action. No contract, for any purpose, shall obligate the City, in any manner, unless and until such contract has been approved or ratified, in written form, by the affirmative votes of not less than three (3) members of the City Council, except:

(1) Where a contractual expenditure by the City budget adopted by ordinance, City Council approval thereof shall be conclusively presumed; and

(2) Where the City Manager reasonably determines that an emergency immediately required the obtaining of goods or services, he/she shall be empowered to contract for the same without prior City Council approval, and such contract shall be a binding obligation of the City. The authority of the City Manager hereunder as to a particular emergency shall terminate at the next meeting of the City Council unless specifically extended.

(b) Leases. No agreement for the lease of City-owned real property to any person, for a non-municipal purpose, shall be valid unless the City Council finds that the property proposed for such lease is not required, and will not be so required during the term of the agreement, for municipal purposes.

(c) Supplies and Equipment. Notwithstanding the provisions of this Section relating to contracts, the City Council shall, by ordinance, provide for the acquisition of equipment, materials or supplies, other than for public works contracts, if same are included within a budget approved by the City Council.

(d) Public Works Contracts. Except as otherwise provided by ordinance, the City shall contract for the construction or reconstruction of any public building, works, streets, drain, sewer, utility, park or playground (hereinafter "Public Project") in the time and manner and in accordance with general law.

(i) In determining the lowest responsible bidder, the City Council may give reasonable preferences to local contractors.

(ii) The Council may, by ordinance, determine which contracts will require competitive bids, bonds, insurance and other such requirements, and which will not.

Franchises shall be granted by the City Council in the time and manner, and for such purposes, as may be prescribed or authorized by the Constitution or by an applicable laws of this State, except as may be provided by ordinance.

No member of the City Council shall interfere with the execution by the City Manager of his/her powers and duties; nor shall any Councilor direct the City Manager to appoint or remove an officer or employee of the City, or to change, alter, delete or merge any department of the City. Except for the purpose of inquiry, no Councilor shall deal with the administrative services of the City except by and through the City Manager; nor shall any Councilor give any order or direction on behalf of the City to any subordinate officer or employee of the City. This Section shall not apply during periods of disaster proclaimed by the Governor or City Council; nor during such times as there shall be no Council designated City Manager acting in that capacity.

The lawful provisions of applicable and/or general law with regard to conflict of interests prohibited interests and disclosure of assets shall apply to and govern the activities of each Elective Officer of the City.

The members of the City Council shall be provided with a defense and indemnified against loss for good faith actions taken in the scope of their employment as Councilors or members of the Community Redevelopment Agency.

The City Council may, by ordinance, set the number of successive terms or years that a Councilor may serve.