Editor's Note: This article head originally read as follows:
"Legislative. The Council: Powers and Duties."
The legislative power of the City of Glendale shall be vested
in the people through the initiative and referendum, and in a body
to be designated
"The Council." Each candidate for member of the council shall
be a qualified elector pursuant to state law.
Editor's Note: The words "The Council" were not
set off in quotation marks in the original.
(Res. No. 04-238 § 1,
2004)
The council shall hold regular meetings at such times as it
shall fix by ordinance or resolution. If a regular meeting falls on
a holiday such meeting shall be held on the next business day.
Special council meetings may be called at any time by the mayor,
or by three members of the council, acting in accordance with State
law.
Any regular, adjourned regular, special, or adjourned special
meeting may be adjourned to a time and place specified in the order
of adjournment. Any adjourned regular meeting is a regular meeting
for all purposes.
All council meetings shall be held in the council chamber of
the City Hall, or in a place to which any meeting may be adjourned
for the purpose of taking evidence or holding hearings. Final deliberation
and actual voting by the council shall take place in the City Hall
council chamber. Provided, however, if by reason of fire, flood, reconstruction,
or other emergency it shall be unsafe to meet in the council chamber,
the meetings shall be held for the duration of the reconstruction
or emergency at a place designated by the mayor or by three members
of the council. (1982.)
Editor's Note: The catchline of this section originally
read as follows: "Meetings."
Three members of the council shall constitute a quorum, but
a less number may adjourn from time to time. No franchise shall be
granted, ordinance passed, budget adopted, supplemented or amended,
appropriation made, or payment of money ordered unless three members
of the council concur in such action. Any tie vote constitutes no
action, and the matter shall be carried from agenda to agenda until
the tie is broken, or the council determines to remove item from agenda.
(1982.)
Editor's Note: The catchline of this section originally read
as follows: "Quorum."
Subject to the provisions and restrictions in this Charter contained,
and the valid delegation by this Charter of any powers to any person,
officer, board or committee, which delegation of power, if any, shall
control, the council shall have the power, in the name of the city,
to do and perform all acts and things appropriate to a municipal corporation
and the general welfare of its inhabitants and which are not specifically
forbidden by the Constitution of the state or which now or hereafter
it would be competent for this Charter specifically to enumerate.
No enumeration or specific statement herein of any particular powers
shall be held to be exclusive of, or a limitation of, the foregoing
general grant of powers.
[1]
Attention is called to the footnote at the end of Sec. 1 of
Art. III.
The council shall:
1.
Qualifications
of Members and Election Returns. Judge the qualifications of its members
and all election returns;
2.
Rules
of Proceedings. Establish rules for its proceedings;
3.
Record
of Proceedings. Cause a correct record of its proceedings to be kept.
The ayes and noes shall on demand of any member, be taken and entered
therein, and they shall be recorded on all votes passing any ordinance
or appointing or dismissing or confirming the appointment or dismissal
of any officer, or authorizing the execution of contracts, or the
appropriation or payment of money;
4.
Mayor
Generally. Choose one of its members as presiding officer, to be called
mayor. The mayor shall preside over the sessions of the council, shall
sign official documents when the signature of the council or mayor
is required by law, and he shall act as the official head of the city
on public and ceremonial occasions. He shall have power to administer
oaths and affirmations. When the mayor is absent from any meeting
of the council, the mayor pro tem shall be selected monthly by alphabetical
rotation. The mayor pro tem shall act as mayor if the mayor is absent
or unavailable;
5.
Appointment
of Certain Officers. Appoint a city assessor, which office may be
combined with that of the city clerk, a city tax collector, a city
attorney, and city manager;
6.
Supervision
of Public Utilities. Exercise general supervision and direction over
all persons, firms, companies and corporations owning, controlling
or operating public utilities, in so far as any of them are subject
to municipal control. This provision is subject to other Charter provisions
relative to such public utilities as now are or may hereafter be owned
by the city. (1921; 1947; 1953.)
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Editor's Note: The subcatchlines given to the numbered
subdivisions of this section are unofficial.
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(Res. No. 04-238 § 1,
2004)
The enacting clause of every ordinance passed by the council
shall be: "Be it ordained by the council of the City of Glendale."
The enacting clause of every ordinance initiated by the people shall
be: "Be it ordained by the people of the City of Glendale." At least
five days must elapse between the introduction and the final passage
of any ordinance; provided, that amendment germane to the subject
of any proposed ordinance may be made when it is brought up for final
passage; and provided further, that in case of an extraordinary epidemic
or any disaster, such as flood, fire or earthquake, requiring immediate
action on the part of any public authorities, an emergency ordinance
may be introduced and passed at either a regular or special meeting
without any intervention of time between introduction and final passage.
A final vote on any ordinance or any vote on any appropriation must
be taken only at a regular or adjourned regular meeting. Every ordinance
must be signed by the mayor and attested by the clerk. Notice thereof
shall be published once in a newspaper of general circulation. Any
ordinance granting any franchise or privilege shall be published at
the expense of the applicant therefor.
In the publication of every ordinance the advertisement shall
contain a statement of the title, number and date of the ordinance,
a brief statement of the nature of the ordinance, and a reference
to a copy of the ordinance which shall be on file and available for
public inspection at all reasonable times in the office of the city
clerk. (1969.)
Editor's Note: The catchline of this section originally
read as follows: "Ordinances."
Except as herein provided, no penal ordinance, or measure passed
by the council granting any franchise or privilege, shall go into
effect in less than 30 days after its final passage. But ordinances
declared by the council to be necessary as emergency measures for
the immediate preservation of the public peace, health or safety,
containing a statement of the reasons for their urgency and passed
by a four-fifths (4/5) vote of the whole council, ordinances ordering
or otherwise relating to elections, and ordinances relating to public
improvements, the cost of which is to be borne wholly or in part by
special assessments, may go into effect at the will of the council.
No ordinance shall be amended by reference to its title, but
the sections thereof to be amended shall be reenacted at length as
amended; and any amendment passed contrary to the provisions of this
section shall be void.
The council shall by ordinance establish standards, procedures,
rules or regulations relating to all aspects of the award and performance
of contracts, including contracts for the construction of public improvements,
including, but not limited to, compensation paid for performance of
such work.
(Res. No. 04-238 § 1,
2004; Res. No. 23-189, 12/5/2023)
The council shall have power to provide by ordinance a complete
procedure whereby the city may bid on all public work done under the
provisions of any local improvement ordinance or resolution. Said
ordinance shall provide the procedure whereby the city shall perform
such public work for which the city may be the lowest bidder. A revolving
fund may be created by bond issue for the purpose of financing the
cost of such public work.
Editor's Note: The catchline of this section originally
read as follows: "Power to do public work direct."
All official advertising of the city shall be done in one or
more newspapers of general circulation, as defined by the laws of
the State of California, which shall be published in the City of Glendale.
The council shall annually call for bids for such advertising pursuant
to specifications which shall first be approved by the council, and
shall award any and all such contracts to the lowest responsible bidder;
provided, that the council may reject all bids and may again call
for bids; and provided further, that no defect or irregularity in
proceedings taken under this section shall invalidate any publication
when the same is otherwise in conformity to law or this Charter. (1969.)
Editor's Note: The catchline of this section originally
read as follows: "Advertising."
A councilmember shall not hold any other city office or city
employment except as authorized by State law or ordinarily necessary
in the performance of the duties as a councilmember. No former councilmember
shall hold any compensated city office or city employment until two
years after leaving the office of councilmember. (1982.)
Editor's Note: The catchline of this section originally
read as follows: "Councilmen ineligible to other city positions."
Any member of the council who is absent from all meetings thereof
for two consecutive months, unless excused by the council shall forfeit
his seat.
Any vacancy occurring in the council shall be filled by a majority
vote of the remaining members of the council or by special election
called by the council as required herein. Any vacancy occurring in
any other elective office shall be filled by a majority vote of the
whole council.
The person appointed to fill a vacancy in any elective office
shall serve until his successor is elected and qualified; provided,
that where the term of the office to which such person is appointed
expires on the second Monday following the next general municipal
election to be held after the occurring of the vacancy, such personal
shall serve for the remainder of the unexpired term.
If the term of the office to which such person is appointed
does not expire on the second Monday following the next general municipal
election to be held after the occurring of the vacancy, and the nomination
period for the next general municipal election has not commenced,
then at said next general municipal election a successor shall be
elected, otherwise, such personal so appointed shall hold office for
the remainder of the unexpired term.
Council shall make an appointment within thirty days of the
vacancy. If an appointment is not made within thirty days, then council
shall immediately call for a special election to be held within 120
days for the purpose of filling such vacancy, unless the earliest
next general election is no more than 180 days from the call for special
election. (1921; 1923.)
(Res. No. 18-10 § 1, 2018; Res. No. 14-119 § 2, 2014; Res. No. 04-238 § 1, 2004)
The council shall appoint such standing and other committees
as it deems necessary.
With the exception of city owned SR zoned property or property
dedicated as park land of five or more acres, no sale of real estate
shall be authorized by the council except by ordinance passed by the
affirmative vote of four-fifths (4/5) of all the members and no lease
shall be made for a period of longer than five years, except by ordinance
adopted by the council. City owned SR zoned property or property dedicated
as park land which property is either an individual parcel of five
acres or more, or parcels which are adjoining and collectively equal
or exceed five or more acres shall not be sold or transferred except
upon approval of a majority of the voters at an election held for
such purpose. For purposes of this Charter, "dedicated park land"
means property now owned or hereafter acquired by the city which has
been either dedicated by ordinance, zoned SR, or where the documents
executed for the acquisition thereof provide that the acquisition
is in whole or in part for preservation or use as open space or recreational
purposes of any type. For purposes of this Charter "sold or transferred"
does not mean or include an easement, or an acquisition of property
either jointly with another public agency or with grant funds provided
by another public agency where the property is required to be conveyed
to the other public agency for the purpose of preserving the property
as open space or recreational purposes.
Editor's Note: The catchline of this section originally
read as follows: "Sale or lease of city property."
(Res. No. 04-257 § 1,
2004)
At least once a year the council shall employ a certified public
accountant who shall investigate the transactions and accounts of
all officers having the collections, custody or disbursement of public
money, or having the power to approve, allow or audit demands on the
treasury, and render a report of his investigation to the council.
(1982.)
Editor's Note: The catchline of this section originally
read as follows: "Expert accountant."
The council shall, by ordinance, determine what officers and
other persons in the service of the city shall give bonds for the
faithful performance of their duties, and shall fix the amounts of
such bonds and each of such officers and other persons shall, before
entering upon the duties of his office or employment, execute a bond
to the city in the penal sum provided by such ordinance, including
in the same bond the duties of all offices of which he is made by
this Charter, or otherwise, ex officio incumbent. Such bonds must
be examined and approved by the council. All bonds when approved shall
be filed with the city clerk, except the city clerk's bond, if any,
which shall be filed with the treasurer. All the provisions of any
law of this state relating to the official bonds of officers as then
existing shall apply to such bond, except as herein otherwise provided.
In all cases where surety company bonds are approved by the council,
the premium therefor shall be paid by the city.
Every officer of the city, before entering upon duties of his
office, shall take and file with the city clerk the constitutional
oath of office, except that the oath of the city clerk shall be filed
with the city treasurer.
The city clerk shall:
(a)
Attend all meetings of the council.
(b)
Be responsible for recording and maintaining a full and true record
of all the proceedings of the council.
(c)
Maintain a permanent record of all ordinances and resolutions adopted
by the council, including the certificate of the clerk stating that
such document was duly adopted by the council with the date of adoption
and, with respect to an ordinance, that it has been published in accordance
with this Charter; all said records shall be properly indexed and
open to public inspection when not in actual use.
(d)
Maintain a permanent record of all written contracts and official
bonds.
(e)
Be custodian of the seal of the city.
(f)
Administer oaths or affirmations, take affidavits and depositions
pertaining to the affairs and business of the city, and certify copies
of official records.
(g)
Conduct all city elections.
(h)
Perform such other duties connected with the office as may be prescribed
by the council. (1982.)
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Editor's Note: The catchline of this section originally
read as follows: "City clerk."
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