Temple City Municipal Code Art. VI City Council

The city council shall be the legislative body of the city.

By the affirmative votes of not less than three (3) members, the city council shall choose one of its members as mayor, and one of its members as mayor pro tempore, upon the following occasions:

A. In even numbered years, at the regular council meeting held for the purpose of canvassing the results of the general municipal election; and

B. In odd numbered years, at the first regular council meeting held during the month of March; or

C. At such other times as a majority of the council shall so order.

The council member chosen as mayor shall, in addition to the performance of this duties as a council member, 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, as directed by the city council, consistent with this charter, ordinance of the city or other applicable law. In the case of the absence or disability of the mayor, the mayor pro tempore shall act in his place and stead. (Amended Res. 16-5187)

Any vacancy occurring in any elective office of the city, may be filled by the city council, by resolution, adopted by the affirmative votes of not less than three (3) members of the city council. If the city council fails, for any reason, to fill such vacancy within a period of thirty days from and after such office becomes vacant, it shall within not to exceed six (6) months, call and hold an election to fill such vacancy. A person appointed or elected to fill a vacancy in an 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, then the following procedure 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 thereunder, then such preservation shall be observed; or

B. If such situation does not so qualify, or if such preservation has not been provided, then the then chairman of the board of supervisors of the county shall temporarily appoint qualified persons to such three 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 offices 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 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 "Ralph M. Brown act" shall apply to all meetings and acts of the city council, and its members.

D. Executive Sessions Of The City Council may be conducted only:

1. To consider the appointment dismissal or imposition of disciplinary action with respect to any officer, employee or contractor of the city; or

2. To meet with the city attorney or other appointed special counsel of the city, to consider matters relating to pending or potential litigation involving the city; or

3. For such other purposes as are permitted by general law.

For the purpose of this section, an "executive session" shall mean a session of the city council at which only council members and persons specifically directed by the city council or authorized by applicable law shall be permitted to attend.

E. Quorum. Three (3) members of the city council shall constitute a quorum for the purpose of transacting business of the city council.

F. 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.

G. 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 of 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 city council, except upon valid constitutional grounds, shall constitute a misdemeanor and shall be punishable as such.

H. 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. (Amended Res. 16-5187)

Council members 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. (Amended Res. 16-5187)

Compensation of council members, other than reimbursement for expenses, may be established in the manner and amount as provided by general law, relating to council member salaries in general law cities in this state. (Amended Res. 16-5187)

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.

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 ordinances for the adoption of which, this charter or applicable or general law, requires a greater number of affirmative votes.

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 Temple City 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 maximum fine or penalty for the violation of any ordinance shall be in the sum of $500.00 or a term of imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. The city council, by ordinance, shall provide for the place of 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.

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, by 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. That 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. That notice of such public hearing is given by publication in an adjudicated newspaper at least ten (10) days in advance of such hearing.

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.

Amendments to such code shall be enacted only by ordinance and, if no adoption by reference is involved, the procedure set forth in this sub-paragraph shall not apply to such adoption.

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 that:

1. Where a contractual expenditure by the city has been included in an approved city budget, city council approval thereof shall be conclusively presumed; and

2. Where the city manager reasonably determines that an emergency immediately requires the obtaining of goods or services, he 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 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 the same are included within a budget approved by the city council.

D. Surplus Property. The city council may provide for a system for the sale, disposal or exchange of real and/or personal property which is surplus to the needs of the city.

E. Public Works Contracts. Except as otherwise herein provided, 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.

Franchises shall be granted by the city council only in the time and manner, and for such purposes, as may be prescribed or authorized by the constitution or by applicable laws of this state.

No member of the city council shall interfere with the execution by the city manager of his powers and duties; nor shall any council member direct the city manager to appoint or remove any officer or employee of the city. Except for the purpose of inquiry, no council member shall deal with the administrative services of city except by and through the city manager; nor shall any council member give any order or direction to any subordinate officer or employee of 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. (Amended Res. 16-5187)

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.

In addition to the foregoing, elective officers of the city and candidates for elective office shall not accept from any contractor or developer any campaign contributions, including but not limited to direct donations, cash donations, loans, in-kind donations, or other non-cash contributions. Elective officers of the city shall also not accept from any contractor or developer any "gift" as defined by the California political reform act or the fair political practices commission regulations interpreting the act, without full reimbursement. (Res. 16-5187)