Article V — CITY COUNCIL

The elective officers of the City shall consist of a City Council of five members, one of whom shall be elected from and by the voters of each of the five districts referred to in Article XIII of this Charter and at the times and for the terms and in the manner provided in this Charter. The term of each office shall be for four years. Each member of the City Council, upon qualification, shall serve during said term until the term of the successor to such office commences.

The five members of the City Council in office at the time this Charter takes effect shall continue in office representing their respective districts until their respective successor's term commences and the successor has qualified. The three members of the City Council elected from districts one, three and five shall be elected at the general municipal election held in November 1996 and each fourth year thereafter. The two members of the City Council elected from districts two and four shall be elected at the general municipal election held in November 1998 and each fourth year thereafter.

The term of each member of the City Council elected at a general municipal election to fill a four year term or the remaining unexpired term of a vacant office shall commence on the first Tuesday following the certification of the canvass of the vote which shall be made by the City Clerk. The term of each member of the City Council elected at a special municipal election to fill a vacancy shall commence on the first Tuesday following certification of the candidate's election and shall continue during the remainder of the unexpired term of the office. The term of each member of the City Council appointed to fill a vacancy shall commence upon appointment within 60 days following the date the office became vacant, and shall continue during the remainder of the unexpired term of office.

Ties in voting among candidates shall be settled according to State law.

• (a) Notwithstanding any other previously enacted provision of law or of this Charter, the City Clerk, or other election official authorized by law, shall not accept or verify the signatures on any nomination paper for any person, nor shall he or she certify or place on the list of certified candidates, nor print or cause to be printed on any ballot, ballot pamphlet, sample ballot or ballot label, the name of any person who either:

  • (1) Has been elected to two full terms as a member of the City Council and thereafter seeks to become a candidate for City Council, or

  • (2) A full term is 50% or more of the term as defined in the City Charter. It is the intent of the Charter Amendment that this Amendment shall be retroactive.

No person shall be eligible for election to office as a member of the City Council unless such person shall have been domiciled in and a voter of such district for at least 30 days immediately preceding the first day upon which candidates for such office are permitted to file nominating papers with the City Clerk. For an appointee to fill a vacancy in an office, the aforementioned 30 day eligibility requirement shall immediately precede the date such office became vacant

Section 503 according to the provisions set forth herein below.

If a member of the City Council is absent from all regular meetings of the City Council for a period of 60 days consecutively from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be domiciled in and a voter of the Council member's district, the office shall immediately become vacant and shall be so declared by the City Council.

Vacancies shall be filled according to the provisions of Section 503.

The City Council shall judge the qualifications of its members as set forth in this Section. It shall judge all municipal election returns and it shall judge the certification of the canvass of the vote which shall be made by the City Clerk.

The members of the City Council shall receive no compensation for their services as such, but shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty. In addition, members shall receive such reasonable and adequate amounts as may be established by ordinance, which amount shall be deemed to be reimbursement to them of other out-of-pocket expenditures and costs imposed upon them by virtue of their serving on the City Council.

A vacancy caused by a recall election shall be filled by the voters within the district in which the vacancy occurs. The election of an eligible candidate to fill such vacancy shall occur after the recall election.

All other vacancies from whatever causes arising shall be filled by an eligible person as follows:

• (a) If such vacancy occurs one year or more before the next general municipal election, the City Council shall immediately cause a special municipal election to be held to elect an eligible successor to serve during the term of such vacant office.

• (b) If such vacancy occurs less than one year before the next general municipal election, the City Council shall appoint an eligible person to serve during the term of such vacant office.

• (c) In the event the City Council fails to fill a vacancy by appointment within 60 days after such office, an eligible successor shall be elected at the next general municipal election to serve during the term of such office. If the 60 day period expires too late to fill the vacancy at the next general municipal election, the City Council shall immediately cause a special municipal election to be held to elect an eligible successor to serve during the term of such office.

• (d) Any eligible person appointed to fill a vacancy in an office shall serve as provided in Section 500.

• (e) In any case where the City Council is required to cause a special election to be held to fill a vacancy in any office, it may temporarily appoint an eligible person to fill said vacancy until an elected successor's term commences following said special election, if the City Council first determines and declares by resolution that such temporary appointment is

Section 507 essential to the proper conduct of city business.

• (f) Any person appointed or elected under the provisions of this section must be eligible pursuant to the requirements set forth in Section 501 and shall serve for the respective terms set forth in Section 500.

• (g) The appointment of an eligible person to fill a vacancy and all deliberations shall be conducted in public following the conclusion of a public hearing which shall be called for the purpose of hearing input from eligible applicants as well as from the public.

• (h) If by reason of major disaster or for any other reason all five seats on the Council are vacant, the next immediate past three living Mayors of the City still domiciled in the City shall, by majority vote, appoint a Mayor and four Council members who shall temporarily serve as such until their successors are qualified and who shall immediately proceed to cause all of such vacancies to be filled by election or appointment, as the case may be, in the manner provided in this section. The past Mayors so acting may appoint one or more of their own number to serve temporarily as above provided.

At such time as the term of a member of the City Council commences, and at any time when there is a vacancy in the office of Mayor, the City Council shall meet and shall elect one of its members as its presiding officer, who shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes. The Mayor shall have the primary but not exclusive responsibility for interpreting the policies, programs, and needs of the City government to the people, and, as occasion requires, may inform the people of any major change in policy or program. The Mayor shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council.

The City Council shall also designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability.

All powers of the City shall be vested in the City Council except as otherwise provided in this Charter.

The City Council shall hold regular meetings at least twice each month at such times as it shall fix by ordinance or resolution and may adjourn or readjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment. When so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day.

DOWNEY CODE

A special meeting may be called at any time by the Mayor, or by three members of the City Council, by written notice to each member of the City Council and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least 24 hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting. Such written notice may be dispensed with as to any person entitled thereto who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice. Such written notice may also be dispensed with as to any person who is actually present at the meeting at the time it convenes.

All meetings shall be held in the Council Chambers of the City Hall, or in such place to which any such meeting may be adjourned, and shall be open to the public. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place as is designated by the Mayor, or, if the Mayor should fail to act, by three members of the City Council.

A majority of the members of the City Council shall constitute a quorum to do business but a less number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at least 24 hours before the adjourned meeting, or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. The City Council may establish rules for the conduct of its proceedings and may evict or prosecute any member or other person for disorderly conduct at any of its meetings.

Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceedings pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable.

At the demand of any member, and upon the adoption of any ordinance, resolution, or order for the payment of money, the City Clerk shall call the roll and shall cause the ayes and noes taken on such questions to be entered in the minutes of the meeting.

All regular and special meetings of the City Council shall be open and public and all persons shall be permitted to attend such meetings, except that the provisions of this Section shall not apply to closed sessions as permitted by State law. Any person shall have the right to address

Section 512 the City Council, either orally or in writing on matters of City business, but such right shall be subject to reasonable rules and regulations as adopted by ordinance or resolution.

With the sole exception of ordinances which take effect upon adoption, referred to in Section 514, no ordinance shall be adopted by the City Council on the day of its introduction, nor within five days thereafter nor at any time other than at a regular or adjourned regular meeting. At the time of its introduction an ordinance shall become a part of the proceedings of such meeting in the custody of the City Clerk. At the time of introduction of an ordinance or adoption of a resolution it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Council members present. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting held not less than five days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence.

No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting.

Unless a higher vote is required by other provisions of this Charter the affirmative votes of at least three members of the City Council shall be required for the enactment of any ordinance or resolution, or for the making or approving of any order for the payment of money. All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk.

Any ordinance declared by the City Council to be necessary as an urgency measure for the immediate preservation of the public peace, health or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least four affirmative votes. At the time of adoption of an urgency ordinance it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Council members present. Notwithstanding provisions to the contrary, an urgency ordinance which sets forth the reason for the urgency to be that of a major disaster shall be exempt from the ten day posting and publication requirements set forth in Section 512 and such ordinance may be passed by the majority of the members of the City Council present.

In addition to such other acts of the City Council as are required by this Charter to be by ordinance, every act of the City Council establishing a fine or other penalty, or granting a franchise, shall be by ordinance.

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

The City Clerk shall cause each ordinance to be published at least once in the official newspaper within 15 days after its adoption. As an alternative to the publication of an ordinance as specified herein, the City Clerk may cause a summary of a proposed ordinance to be prepared and published in the official newspaper and post a copy of such summary with a copy of the full text of the proposed ordinance at least ten days prior to the date it is to be submitted to the City Council for adoption, and the publication in the official newspaper of a summary of any ordinance adopted by the City Council and a posting of a certified copy of the full text of such

Section 517 adopted ordinance in the office of the City Clerk along with the names of the Council members voting for and against the ordinances within 15 days after the date of adoption.

Any or all ordinances of the City which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code, and such code may be adopted by reference, with the same effect as an ordinance, by the passage of an ordinance for such purpose. Such code need not be published in the manner required for other ordinances, but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to the adoption thereof. Ordinances codified shall be repealed as of the effective date of the code. Amendments to the code shall be enacted by ordinance.

Detailed regulations pertaining to any subject, such as the construction of buildings, plumbing and wiring, when arranged as a comprehensive code, may likewise be adopted by reference in the manner provided by this Section. Maps, charts and diagrams also may be adopted by reference in the same manner.

No ordinance shall become effective until 30 days from and after the date of its adoption, except the following, which shall take effect upon adoption:

• (a) An ordinance calling or otherwise relating to an election.

• (b) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto.

• (c) An ordinance declaring the amount of money necessary to be raised by taxation or fixing the rate of taxation.

• (d) An urgency ordinance adopted in the manner provided for in Section 511.

The City Council shall by ordinance determine whether a violation of any ordinance of the City or a provision of the Downey Municipal Code shall constitute a misdemeanor or an infraction and shall be punishable as provided by State law for violation of ordinances of general law cities.

The amendment of any section or subsection of an ordinance or resolution may be accomplished solely by the re-enactment of such section or subsection at length, as amended.

In the event that there is more than one newspaper of general circulation published in the City, the City Council, annually, prior to the beginning of each fiscal year, shall publish a notice inviting bids and contract for the publication of all legal notices or other matter required to be published in a newspaper of general circulation in the City during the ensuing fiscal year. In the event there is only one newspaper of general circulation printed and published in the City,

Section 519 then the City Council shall have the power to contract with such newspaper for the printing and publishing of such legal notices or matter without being required to advertise for bids therefor. The newspaper with which any such contract is made shall be designated the official newspaper for the publication of such notices or other matter for the period of such contract.

In no case shall the contract prices for such publication exceed the customary rates charged by such newspaper for the publication of legal notices of a private character.

In the event there is no newspaper of general circulation printed and published in the City, or in the event no such newspaper will accept such notices or other matter at the rates permitted herein, then all legal notices or other matter may be published by posting copies thereof in at least three public places in the City to be designated by ordinance.

No defect or irregularity in proceedings taken under this Section, or failure to designate an official newspaper, shall invalidate any publication where the same is otherwise in conformity with this Charter or law or ordinance.

No contract or lease or extension thereof for a longer period than ten years shall be valid unless said contract, lease or extension be made or approved by ordinance which shall be subject to referendum. This Section shall not apply to any franchise granted pursuant to the provisions of this Charter or to any contract for the furnishing, or acquisition of the products, commodity or services of any public utility.

The City shall not be bound by any contract, except as hereinafter provided, unless the same shall be made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by such other officer or officers as shall be designated by the City Council. Any of said officers shall sign a contract on behalf of the City when directed to do so by the City Council.

By ordinance or resolution the City Council may authorize the City Manager or authorized representative to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority.

The City Council may by ordinance or resolution provide a method for the sale or exchange of real or personal property not needed in the City service or not fit for the purpose for which intended, and for the conveyance of title thereto.

Contracts for the sale of the products, commodities or services of any public utility owned, controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council.

The provisions of this Section shall not apply to services rendered by any person in the employ of the City at a regular salary.

CHARTER OF THE CITY OF DOWNEY