HomeMy WebLinkAboutOrd 851 ORDINANCE NO. 851
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CATHEDRAL CITY AMENDING SECTION 2.04.180 OF
THE CATHEDRAL CITY MUNICIPAL CODE RELATING TO
THE ROTATION APPOINTMENT OF THE MAYOR AND
MAYOR PRO TEM
WHEREAS, the voters of the City of Cathedral City approved a charter for the City at
the November 2016 City Council meeting; and
WHEREAS, Section 603 of the Charter provides the honorary positions of mayor and
mayor pro tern shall be an appointed rotating position, appointments shall be made annually
at the first meeting in December, and the process for appointment of the mayor and mayor
pro tern shall be set by ordinance; and
WHEREAS, on March 8, 2017, the City Council adopted Ordinance No. 790 adding
section 2.04.180 to the Cathedral City Municipal Code providing for the orderly succession of
the positions of mayor and mayor pro tern; and
WHEREAS, this Ordinance makes clarifying edits to section 2.04.180 to address
potential scenarios that were not contemplated at the time Ordinance No. 790 was adopted.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 AMENDMENT OF SECTION 2.04.180 OF THE CATHEDRAL CITY
MUNICIPAL CODE
Section 2.04.180 of the Cathedral City Municipal Code is amended in its entirety
to read as follows:
"2.04.180 Appointment of mayor and mayor pro tem
A. The purpose of this section is to implement a rotating system for appointing
council members to the honorary positions of mayor and mayor pro tem pursuant to Section
603 of the City Charter. The appointment of individuals to serve as mayor and mayor pro tem
must follow the requirements of this section.
B. At the first city council meeting in December of each calendar year, the city
council shall approve a council rotation list and appoint council members to serve as mayor
and mayor pro tern based on the approved rotation list. The rotation list shall be prepared in
accordance with the following:
1 . The current mayor pro tern shall succeed to the position of mayor. The
outgoing mayor shall go to the bottom of the rotation list, except that in a regular
election year any newly-elected first-term council member (not an incumbent re-
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elected to serve) shall be placed behind the outgoing mayor on the rotation list. The
council member in third positon on the rotation list shall move into the mayor pro tern
position.
2. If an individual is appointed to fill, or a special election is held to fill, a
council vacancy, the appointed or elected individual shall be placed at the bottom of
the rotation list. Any council members who were below the outgoing council member
on the rotation list shall move up one spot.
3. A council member shall not serve as mayor or mayor pro tern during their
first year on the City Council.
C. In the event that there are two or more new council members who join the
council at the same time, for the purposes of this section their placement on the rotation list
shall be determined by drawing cards. One suit from a standard deck of playing cards will
be utilized, with no jokers and aces high. Seniority will be determined by the cards drawn,
with the highest card being the most senior. This draw shall only be done once, and the
seniority determined by the draw will apply to the council members for so long as the subject
council members are on the city council.
D. If at any point in time a council member serving as mayor or mayor pro tern
resigns from the position, is removed from the position, or their seat becomes vacant, the
position shall be filled in the same manner as the annual appointments. At the first council
meeting in December thereafter, the process for selecting a new mayor and mayor pro tern
shall be modified as follows:
1. If the council member serving as mayor has only served a partial term,
as defined below, that council member shall continue to serve as mayor and the
annual rotation will not occur.
2. If the council member serving as mayor pro tern has only served a partial
term, that council member shall continue to serve as mayor pro tem unless there is an
outgoing mayor, in which case the council member serving as mayor pro tern shall
succeed to the position of mayor. If the mayor pro tern rises to the position of mayor
then the annual rotation will occur to fill the mayor pro tern position. If the mayor pro
tern does not rise to the position of mayor then the annual rotation will not occur.
3. For the purposes of this paragraph D, a "partial term" shall mean the
vacancy in the position of mayor or mayor pro tern occurred, as a matter of law, more
than thirty (30) calendar days after the first council meeting in December at which the
mayor and mayor pro tem positions were appointed according to this section.
E. Notwithstanding any other provision of this section, a council member may
refuse to serve as mayor or mayor pro tem. If a council member refuses to serve in either
position, the selection of mayor and mayor pro tem shall continue as provided for in this
section but removing the refusing council member from their spot in the rotation and placing
them at the bottom of the list.
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F. Notwithstanding anything else in this section, the city council may select any
member to serve as mayor or mayor pro tem by any other lawful means by a three-fourth
(3/4ths) majority vote of the membership (e.g., four (4) votes if there is a full five (5) member
council, three (3) votes if there is one (1) seat vacant on the council, three (3) votes if there
are two (2) seats vacant on the council)."
SECTION 2 SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence
or word of this Ordinance be rendered or declared invalid by any final court action in a
court of competent jurisdiction or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences or words of this Ordinance as hereby
adopted shall remain in full force and effect.
SECTION 3 EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after its second reading and
adoption by the City Council.
SECTION 4 POSTING
The City Clerk shall, within fifteen (15) days after passage of this Ordinance, cause
it to be posted in at least three (3) designated public places; shall certify to the adoption
and posting of this Ordinance; and shall cause this Ordinance and its certification, together
with proof of posting, to be entered in the Book of Ordinances of this City.
SECTION 5 CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the City Council
held on the 29th day of September, 2021 by the following vote:
Ayes: Councilmembers Ross, Lamb and Carnevale; Mayor Pro Tern Gutierrez
and Mayor Gregory
Noes: None
Abstain: None
Absent: None fie, 1
0,1
`r
: mon. r ry, Mayor
ATTEST:
A
Tracey Marti: -z, Cit Clerk
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APPROVED AS TO FORM:
y
Eric S. Vail, City Attorney
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