ORDINANCE NO._ 5963
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA AMENDING SECTION 2.04.020 OF THE GLENDALE MUNICIPAL CODE, 1995,
RELATING TO MAYORAL SELECTION PROCESS
WHEREAS, the City of Glendale (City) Councilmembers are elected at-large and serve four-year terms; and
WHEREAS, in April of each year, the City Council appoints one of its own members to serve as Mayor for the following year, pursuant to the City's Charter, Article IV, Section 5(4); and
WHEREAS, on January 12, 2021, the City Council received and considered a staff report wherein 134 municipalities were surveyed relating to best practices governing procedures for the selection of Mayor; and
WHEREAS, it is the City Council's desire to establish criteria and procedures to be considered and followed by the City Council in selecting a Mayor each year; and WHEREAS, the City Council has considered the report dated March 23, 2021 presented by the City Attorney and the Director of Innovation, Performance and Audit, and by this Ordinance amends the provisions of Glendale Municipal Code, 1995 (GMC) Section
2.04.020 relating to the Mayor selection process.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:
SECTION 1. The above recitals are true and correct.
SECTION 2. Section 2.04.020 of the Glendale Municipal Code, 1995, regarding Selection of mayor, is hereby amended to read as follows:
2.04.020 Selection of Mayor
A. Pursuant to Article VI, section 5(4) of the Charter, the council shall annually select one of its members to be the mayor, in accordance with the procedures set forth herein. The date and times for appointment shall be during the first regular meeting of the council after the first Monday in April of each year. The mayor shall serve as presiding officer and perform the other duties of mayor at the pleasure of the council.
B The council shall select and appoint a mayor to serve for the upcoming year in the following order of precedence:
The councilmember with the longest, continuous uninterrupted service on the council since last serving as mayor, and who is not serving as the mayor at the time of mayoral selection, shall be selected as mayor.
1 2. In the event of a tie between councilmembers with the longest continuous service since last serving as mayor as set forth in subsection (B)(1), the councilmember who received the most votes in the councilmembers' most recent election shall be selected mayor. In the event the tie is between councilmembers who were elected during different elections, then the councilmember with the highest percentage of votes received in each councilmembers most recent elections to the City Council shall be selected mayor.
Notwithstanding the election votes tiebreakers set forth in this subsection (B)(2), if either tiebreaker would result in a councilmember who has previously served as mayor since being elected to the council being appointed over a councilmember of equal continuous uninterrupted service who has never served as mayor since being elected to the council, then the councilmember who has not previously served as mayor shall be appointed mayor.
3. In the event that the procedure set forth in subsections (B)(1) and (2) do not control the selection of mayor, the council shall select the mayor by majority vote.
C. A councilmember whose council term will expire in the same year that the mayor's term would also expire if said councilmember was selected mayor shall not be selected to serve as mayor. A councilmember whose council term will expire within 180 days after the date of the selection of the mayor shall not be selected mayor.
D. A councilmember who has served as a mayor shall not be appointed mayor for the immediately subsequent term, unless all other councilmembers decline to serve.
E. If a councilmember is in line to be selected mayor in accordance with the procedures of this section but is unable or unwilling to serve as mayor at the time of selection, then the council shall select the next councilmember in line and the councilmember who is unwilling or unable to be the Mayor shall be placed next in line for mayoral appointment under the procedure in subsection (B)(2).
F. If a councilmember who is serving as mayor vacates or is removed from the mayoral position or from his or her council position, the council may fill the vacancy of mayor by selecting and appointing any councilmember to fill said unexpired term. The councilmember selected pursuant to this subsection shall not be prejudiced or prevented from serving a scheduled term pursuant to the provisions of this section.
G A councilmember appointed to the council to fill a vacancy in accordance with Article VI, Section 13 of the Charter shall not serve as mayor during such appointed term unless there is no available alternative. Under circumstances with no available alternatives, the appointed councilmembers) having served the longest in such temporary capacity shall serve as mayor in accordance with the provisions set forth in this chapter H. Notwithstanding the provisions of this section, in the event the council determines in its discretion that it is in the best interest of the city not to appoint the councilmember next in line to serve as mayor in accordance with the procedure of this section, including but not limited to because of reason of mental or physical incapacity significantly limiting the ability to perform mayoral duties or a criminal conviction, then the council may appoint the next qualified councilmember pursuant to subsection (B)(2) to serve as mayor.
2 SECTION 3. Compliance with California Environmental Quality Act.
The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA) and, therefore, an environmental review is not required since there is no possibility that the adoption of this ordinance will have a significant effect on the environment and the that the amendments of the Glendale Municipal Code, 1995 are exempt from CEQA. Accordingly, under provisions of Section 15061(b)(3) and section 15305 of Division 6 of Title 14 of the California Code of Regulations (the CEQA Guidelines) the adoption of this ordinance is not subject to the requirements of SECTION 4. Severability.
This Ordinance is adopted under the authority of the Charter of the city of Glendale and State law. If any section, subsection, clause or phrase is declared invalid or otherwise void by a court of competent jurisdiction, it shall not affect any remaining provision hereof. In this regard the city council finds and declares that it would have adopted this measure notwithstanding any partial invalidity hereof.
SECTION 5. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after the date of its passage.
Passed by the Council of the City of Glendale on the 30thday of_March, 2021. → Agapanian
ATTES
han Benin
City Clerk
3 STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS.
CITY OF GLENDALE )
1, Aram Adjemian, City Clerk of the city of Glendale, certify that the foregoing Ordinance No. 5963 was passed by a majority vote of the Council of the city of Glendale, California, at a regular meeting held on the 30th day of _ 2021, and that the same was passed by the followed vote.
Ayes: Brotman, Devine, Kassakhian, Najarian, Agajanian
Noes: None
Absent: None
Abstain: None
Cham enin
APPROVED AS TO FORM
Metal A arria
CITY ATTORNEY
DATE 14/20(2)
4