Diamond Bar Municipal Code Ch. 2.04 City Council

In the manner prescribed by law, the city council shall meet and choose one of its number to be mayor and one of its number to be mayor pro tempore.

State Law reference— Election of mayor and mayor pro tempore, Government Code § 36801.

The mayor shall preside at all meetings of the city council and may make or second any motion and present and discuss any matter as a member 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 and shall have all of the powers and duties of the mayor. If both the mayor and mayor pro tempore are absent or unable to act, the council shall choose one of its number as the presiding officer.

State Law reference— Similar provisions, Government Code §§ 36802, 36803.

A vacancy on the city council shall be filled in the matter prescribed by law; provided, however, if so determined by the city council at the time of appointment, a person appointed to fill a vacancy on the city council shall hold office only until the date of a special election, which shall be immediately called to fill the remainder of the term. The special election may be held on the date of the next regularly established municipal election or other regularly established election to be held in the city more than 114 days from the call of the special election.

(Ord. No. 07(2004), § 1, 9-21-04)

The provisions of subdivision (b) of Section 15651 of the Elections Code, allowing the city council to hold a special runoff election if necessary to resolve a tie vote in an election for an office to be voted for wholly within the City of Diamond Bar, are adopted and incorporated by reference as if set forth in full. Henceforth, all such tie votes shall be resolved by a special runoff election.

(Ord. No. 03(1996), § 1, 10-1-96)

Elections for members for the City Council of the City of Diamond Bar ("city council") shall, beginning in November of 2018, be held on the November statewide general election date, which is the first Tuesday after the first Monday in November of even-numbered years. To move city council elections to the November statewide general election date the city council election currently scheduled for November 2017 shall be held on the statewide general election date in November of 2018. The city council election currently scheduled for November 2019 shall be held on the statewide general election date in November of 2020.

Members of the city council whose term of office would otherwise expire upon the declaration of election results and installation of newly elected city council members in December of 2017, shall continue in their offices for an additional 12 months to December of 2018. Members of the city council whose term of office would otherwise expire upon declaration of election results and installation of newly elected city council members in December of 2019, shall continue in their offices for an additional 12 months to December of 2020.

(Ord. No. 01(2017), §§ I, II, 3-7-17)

(a) Members of the city council, generally. Beginning with the November 2022 general municipal election, the city council shall consist of five members elected by-districts.

(b) By-district qualifications. Beginning with the November 2022 general municipal election, a person elected as a member of the city council shall be a resident of his or her respective council district created under subdivision (c), as may be subsequently reapportioned as provided by applicable law and shall be nominated and elected only by the voters of his or her respective council district. A person is not eligible to hold office as council member unless he or she is at the time of seeking nomination or appointment to office an elector of the city, residing in the district from which he or she is elected or appointed. If, during his or her term of office he or she moves his or her place of residence outside of the district boundaries or ceases to be an elector of the city, his or her office shall immediately become vacant. However, no council member shall be deemed to have moved outside of his or her district as a result of district boundary changes which may occur during his or her term of office, and such council member shall continue to serve until his or her term is complete or the office otherwise becomes vacant.

(c) Council districts.

(1) Boundaries. Descriptions of the boundaries for each of the five districts and their numbering or designations shall be established by resolution of the city council along with a map entitled "City of Diamond Bar District Map," a copy of which shall be on file in the city clerk's office.

(2) Transition.

a. Nothing herein shall affect the terms of office of the five members of the city council in office at the time the ordinance codifying this section establishing district elections takes effect, who shall continue in office until their respective terms expire and until their successors are elected and qualified. Recall proceedings, if any, of such city council members serving the remainder of an at-large elected term and an election of a successor to such city council member to complete that term, shall be conducted at-large in accordance with applicable law.

b. Council members shall be elected in three council districts designated by resolution of the city council pursuant to subdivision (c)(1) above at the general municipal election in November 2022 and at the general municipal election every four years thereafter.

c. Council members shall be elected in the remaining two council districts at the general municipal election in November 2024 and at the general municipal election every four years thereafter.

(3) Future redistricting.

a. Future adjustments to the boundaries of the districts established herein shall be made by resolution of the city council in accordance with federal and state law applicable to general law cities, including, but not limited to, the provision of California Elections Code §§ 21600 et seq. requiring the adjustments of the boundaries of any or all of the districts following each decennial federal census.

b. Pursuant to Elections Code § 21606, the term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which he or she was elected, whether or not that council member is a resident within the boundaries of the district as adjusted. At the first election for council following adjustment of the boundaries of the district, a person meeting the requirements of Government Code § 34882 shall be elected to the city council for each district under the readjusted district plan that has the same district number as a district whose incumbent's term on the council is due to expire.

(4) Annexations. At the time of any annexation of territory to the city, the city council shall designate, by resolution adopted by a vote of at least a majority of the city council, the contiguous district or districts to which the annexed territory shall be a part and shall amend the district boundaries if necessary in accordance with Elections Code § 21603, as it may be amended from time to time.

(Ord. No. 01(2022), § 1, 5-3-22)

(a) The ordinance codified in this section is enacted pursuant to the provisions of Government Code § 36516 of the State of California, authorizing the city council to provide by ordinance that each member of the city council shall receive a prescribed salary, the amount of which shall be based upon the population of the city as determined by estimates made by the state department of finance.

(b) The latest estimate of population of the city made by the Secretary of State is approximately 58,300.

(c) Each member of the city council shall receive as salary the sum of $746.00 per month, as permitted in Government Code § 36516(c).

(d) The salaries prescribed herein shall be exclusive of any amounts payable to each member of the city council as reimbursement for actual and necessary expenses incurred by a member of the city council in the performance of official duties for the city.

(04(2002), §§ 1—4, 2-19-02)