El Monte Municipal Code Ch. 2.08 Mayor

The Mayor shall receive a salary during each month in which he or she is the Mayor. The amount of such salary shall be six hundred sixty-five dollars ($665.00) per month, representing the amount specified in the last salary adjustment operative on January 23, 1990, in accordance with Ordinance No. 2285, to which shall be added the further sum of sixty-six dollars and fifty cents ($66.50) pursuant to Government Code Section 36516(a)(4) as provided below. The monthly salary set forth in this section shall be applicable during the month (or portion of a month) for which such salary is due; provided, however, that the increase of sixty-six dollars and fifty cents ($66.50) per month herein specified shall become applicable as of April 15, 2001, unless sooner authorized by the State Legislature.

(Ord. 2523 § 2, 2001: prior code § 2104)

The Mayor shall be elected from the city at large and shall serve for a term of two (2) years and until his or her successor is elected and qualified. He or she shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of his or her official duties and shall receive a salary which shall be set by ordinance in the same manner and subject to the same conditions as the salaries of Councilmembers pursuant to the provisions of Government Code Section 36516 as it now exists or as it may be hereafter amended by the State Legislature.

(Prior code § 2150)

No person shall be eligible to file as a candidate or hold office as Mayor unless he or she shall be a qualified elector at the time of filing his or her nomination papers and shall have been a resident of the city at least thirty (30) days immediately preceding the date of such filing or appointment.

(Prior code § 2150.1)

The Mayor shall be the official head government of the city and the Mayor shall:

A. Be the representative of the city for all ceremonial purposes;

B. Preside over the meetings of the City Council;

C. Make or second any motion and present and discuss any matter as a member of the Council;

D. Make all appointments to boards, commissions, and committees with the approval of the City Council except that appointments to the Property Maintenance and Zoning Review Commission shall be as designated in Section 2.52.020 of this title;

E. Sign, on behalf of the city, all contracts, ordinances, resolutions and warrants except as hereafter set forth;

F. Perform such other duties as may be prescribed or may be assigned to him or her by the City Council.

(Prior code § 2150.2)

At least as frequently as the time prescribed under Government Code Section 36801, the City Council shall meet to choose one of its members as Mayor Pro Tempore. The foregoing notwithstanding, the City Council, in its sole and absolute discretion, reserves the right to make such appointments on a more frequent basis, including on an annual basis, if desired. A councilmember appointed to serve as Mayor Pro Tempore serves in such capacity at the pleasure of the City Council. If the Mayor is absent or unable to attend any meeting of the City Council, the Mayor Pro Tempore shall discharge the duties of the Mayor while the Mayor is absent. The Mayor Pro Tempore shall have all of the powers and duties of the Mayor during the Mayor's absence from a meeting of the City Council or during such period of time as the Mayor is not able to discharge the duties of office.

(Ord. 2696 § 1 (part), 2007; prior code § 2150.3)

(Ord. No. 2906, § 1, 1-24-2017)

Unless the provisions of the context otherwise require, these general provisions, rules of construction and definitions shall govern the construction of this code. The provisions of this code and all proceedings under it are to be construed with a view to effect its objects and to promote justice.

(Prior code § 1300 (part))

This code shall refer only to the omission or commission of acts within the territorial limits of the city and to that territory outside of the city over which the city has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property.

(Prior code § 1302 (part))

Whenever in this code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing such act or omission.

(Prior code § 1303 (part))

Whenever a reference is made to any portion of this code, or to any ordinance of this city, the reference applies to all amendments and additions now or hereafter made.

(Prior code § 1306 (part))

Whenever a notice is required to be given under this code, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified, or by deposit thereof in the custody of the United States Postal Service or its lawful successor, in a sealed envelope, postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed. Service shall be deemed given as of the time of personal service or two (2) consecutive calendars following the deposit of the same in the custody of the United State Postal Service.

(Amended during 1999 recodification; prior code § 1307 (part))

The present tense includes the past and future tenses, and the future, the present.

(Prior code § 1309 (part))

The masculine gender includes the feminine and neuter.

(Prior code § 1310 (part))

The singular number includes the plural, and the plural, the singular.

(Prior code § 1311 (part))

The following words and phrases shall be defined for the purposes of this code as set forth below unless the context clearly requires a different interpretation:

1. "Chief of Police" means the Chief of the Police Department of the city.

2. "City" means the city of El Monte.

3. "City Administrator" means the appointed official of the city who occupies the position of the chief administrative officer of the city.

4. "Council" means the City Council of this city.

5. "County" means the county of Los Angeles.

6. "Fire Chief" means the Chief of the Fire Department of the city.

7. "Goods" means and includes wares or merchandise.

8. "Law" denotes applicable federal law, the Constitution and statutes of the state of California, the ordinances of the city, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

9. "Month" means a calendar month.

10. Must, Shall and May. "Must" and "shall" are mandatory and "may" is permissive.

11. "Oath" means and includes affirmation.

12. Office. The use of the title of any officer, employee, office or ordinance means such officer, employee, office or ordinance respectively of the city.

13. "Operate" means and includes carry on, keep, conduct or maintain.

14. "Ordinance" means ordinance of the city.

15. "Owner," applied to a building or land, means and includes any part owner, joint owner, tenant, tenant in common or joint tenant of the whole or a part of such building or land.

16. "Person" means and includes a natural person, any legal entity and unincorporated organization.

17. "Personal property" means and includes money, goods, chattels, things in action and evidences of debt.

18. "Preceding" and "following" mean next before and next after, respectively.

19. "Property" means and includes real and personal property.

20. "Real property" means and includes lands, tenements and hereditaments.

21. "Sale" means and includes any sale, exchange, barter or offer for sale.

22. "Sidewalk" means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

23. "State" means the state of California.

24. "Street" means and includes all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

25. "Tenant" or "occupant," applied to a building or land, means and includes any person who occupies the whole or part of such building or land, whether alone or with others.

26. "Written" means and includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.

27. "Year" means a calendar year.

(Amended during 1999 recodification; prior code § 1312—1329 (part))