Chico Municipal Code Art. VI The Council

The city council shall consist of seven council members, each elected by council district in the manner provided for in Article IV, Elective Officers.

(Res. No. 126 80-81 §7 (part), Measure G (part), Passed 4-7-81, Filed in Office of Secretary of State 6-8-81; Res. No. 57-20 §2 (part), Passed 12-8-20, Filed in Office of Secretary of State 1-12-21)

A. Each councilmember shall receive the maximum monthly salary allowed for councilmembers in general law cities on the salary schedule set forth in California Government Code section 36516(a), as that schedule now exists or may hereafter be amended. This salary shall be adjusted pursuant to that schedule whenever the official population of the city increases or decreases, as determined by the latest decennial federal census, a subsequent census, or the state Department of Finance. The mayor shall receive, in addition to this remuneration as a councilmember, a monthly salary equal to twenty percent (20%) of the monthly salary of a councilmember. Each councilmember, including the mayor, may also be reimbursed for reasonable and necessary expenses actually incurred in the service of the city, provided that an appropriation for such expenses has been made in the budget adopted by the council as provided by this Charter.

B. Notwithstanding subsection A, an ordinance approved by a majority of the voters voting on the measure may adjust the salary for the office of councilmember or mayor or both offices, to take effect at the commencement of the next term of office or such later time as the ordinance may provide.

(Res. No. 126 80-81 §7 (part), Measure G (part), Passed 4-7-81, Filed in Office of Secretary of State

6-8-81; Res. No. 17 85-86 §1, Passed 11-5-85, Filed in Office of Secretary of State 3-12-86; Measure I, Passed 11-2-04, Filed in Office of Secretary of State 12-9-04)

A. The council shall meet in regular session at 7:30 p.m. on the first Tuesday of each month, provided, however, that the council may designate a different time and date by ordinance subject to the following conditions: (1) such ordinance shall provide for meetings no less often than once each month; and (2) such ordinance shall provide for a regular meeting at 6:00 p.m. of the first Tuesday in December of each even-numbered year.

B. The council may meet at such other times as it shall determine. A special meeting may be called by the mayor, or any four (4) members. Written notice of such special meeting and the purposes thereof shall be given to each member of the council not less than twenty-four (24) hours before the meeting or within that time prescribed by state law, whichever is greater. At any special meeting, only such matters may be acted upon as are referred to in the said written notice or consent. All meetings shall be held in the council chamber building of the city unless another location is designated by ordinance, or in such a place to which any such meeting may be adjourned.

(Assembly Concurrent Resolution No. 105, Ch. 71, 1973; Res. No. 25 84-85 §1 (part), Passed 11-6- 84, Filed in Office of Secretary of State 1-3-85; Res. No. 17 85-86 §2, Passed 11-5-85, Filed in Office of Secretary of State 3-12-86; Res. No. 112 93-94 §1, Measure A (part), Passed 6-7-94, Filed in Office of Secretary of State 10-3-94; Res. No. 71-16 , Passed 11-8-16)

A. The mayor and vice-mayor shall be chosen by the council at its first meeting in December in each even-numbered year to serve for a term of two (2) years. Should a vacancy occur in either the office of mayor or vice-mayor, the council shall elect a successor to serve for the remainder of the unexpired term.

B. The mayor shall preside over the sessions of the council and shall sign official documents when the signature of the mayor is required by law. The mayor shall be recognized as the official head of the city for all public and ceremonial purposes, and by the Governor for military purposes. In times of emergency, the mayor may take command of the police, maintain order and enforce laws for a period not exceeding forty-eight (48) hours, and the mayor shall be the judge of what constitutes such public dangers or emergencies; such command may be continued for a longer period by a majority of the city council at a special meeting called for that purpose. The mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the council, except as limited by this Charter. The mayor shall possess no veto power.

C. The vice-mayor shall, in the absence of the mayor, assume all his or her powers and duties.

D. When both the mayor and vice-mayor are absent, the council may choose one of its own members to act as mayor pro tempore.

(Res. No. 84 74-75 §3(a), Passed 4-8-75, Filed in Office of Secretary of State 4-21-75; Res. No. 75 76-77 §1, Measure B (part), Passed 3-8-77, Filed in Office of Secretary of State 5-2-77; Res. No. 126 80-81 §§1 and 7 (part), Measures A and G (part), Passed 4-7-81, Filed in Office of Secretary of State 6-8-81; Res. No. 25 84-85 §1 (part), Passed 11-6-84, Filed in Office of Secretary of State 1-3-85; Res. No. 112 93-94 §3, Measure C and §4, Measure D (part), Passed 6-7-94, Filed in Office of Secretary of State 10-3-94)

Subject to the provisions and restrictions of this Charter and of the Constitution of the State of California, the council shall have the power in the name of the city to perform any and all acts appropriate to a municipal corporation.

The Council shall have the power and authority to appoint a city manager, a city attorney, city clerk and the members of the various boards and commissions. All other officers and department heads shall be appointed by the city manager, subject to confirmation by the council; except that the park director shall be appointed by the city manager subject to confirmation by both the council and the Bidwell Park and Playground commission, the airport manager shall be appointed by the city manager subject to confirmation by both the council and the airport commission, and any assistant city attorney or deputy city attorney shall be appointed by the city attorney subject to confirmation by the council.

(Res. No. 96 84-85, §1 (part), Measure A (part), Passed 4-9-85, Filed in Office of Secretary of State 4-16-85; Res. No. 112 93-94 §3, Measure C and §4, Measure D (part), Passed 6-7-94, Filed in Office of Secretary of State 10-3-94)

The council shall have the power and authority to compel attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Subpoenas may be issued in the name of the city and be attested to by the city clerk. Disobedience of such subpoenas or the refusal to testify, other than upon constitutional grounds, shall constitute a misdemeanor.

The council shall determine its own rules and order of business, subject, but not limited to, the following provisions:

A. There shall be a Journal of Proceedings of all council meetings which shall be open to the public, except as otherwise provided by law.

B. The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the Journal of Proceedings of the council. Upon the request of any member, the ayes and noes shall be taken and recorded on any vote.

C. A majority of the council shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time and postpone the consideration of pending business.

D. The council shall appoint such standing and other committees as it may deem necessary.

A. No councilmember shall

1. Be appointed to any board or commission provided for in this Charter except as designated in the Charter or state law;

2. Hold any other municipal office; or

3. Hold any city employment for compensation paid out of public moneys belonging to or under the control of the city.

B. Upon expiration of the last term of a councilmember and for a period of 12 months thereafter, the former council member may not be elected or appointed to any office created, or the compensation of which was increased, by the council while the former member served on the council.

(Res. No. 126 80-81, §7 (part), Measure G (part), Passed 4-7-81, Filed in Office of Secretary of State 6-8-81; Measure L (part), Passed 11-02-04, Filed in Office of Secretary of State 12-9-04)

Legislative action shall be taken by the council only by means of an ordinance or resolution. Unless otherwise specified in this Charter ordinances and resolutions shall be adopted upon receiving the affirmative votes of a majority of a quorum of the council present at any regular meeting.

The title of an ordinance shall be sufficient if it refers to the general subject matter of the provisions being enacted, amended or repealed, or to the general purpose of the ordinance, and it need not refer to the specific provisions affected or otherwise delineate or describe the particular additions, deletions or changes made by said ordinance. No ordinances shall be ineffective or void by reason of any defect in the title thereof. The introductory reading of said title shall constitute notice of all of the provisions of said ordinance set out in the copy of said ordinance maintained in the office of the city clerk.

The enacting clause of every ordinance passed by the council shall be: “Be it ordained by the Council of the City of Chico.” Ordinances initiated by the people shall have an enacting clause: “Be it ordained by the People of the City of Chico.”

(Res. No. 84 74-75 §3(e), Passed 4-8-75, Filed in Office of Secretary of State 4-21-75)

A. No ordinance, other than an emergency ordinance, shall be adopted by the council within five days after its introduction, nor at other than a regular or an adjourned regular meeting. At the time of introduction, an ordinance shall become a part of the proceedings of said meeting in the custody of the city clerk’s office available for inspection and review by all interested persons during regular business hours and until such time as said ordinance is adopted and inserted in the records of the city for adopted ordinances as provided in this Charter. The city clerk need not so maintain a copy of any ordinance not adopted within six months of its introduction. No ordinance may be adopted more than six months after its introduction unless the same is again introduced as hereinabove provided. An ordinance may be introduced and adopted by the reading of the title only, provided that upon the request of any councilmember, and with the consent of a majority of the council present, an ordinance shall be read in full.

B. An ordinance altered or amended after its introduction and before adoption shall be re-introduced and shall not be adopted within five (5) days of its re-introduction. Corrections of typographical errors or clerical errors which do not change the intent expressed in the ordinance shall not be deemed alterations or amendments within the meaning of this subsection.

C. Every ordinance must be published in full or in summary, as authorized by State law; once in the official newspaper of the city, or in such other form as it may be sent to the voters. One copy of every ordinance introduced shall be posted by the clerk within twenty-four hours after introductory reading on the public bulletin board in the municipal building of the city, and another copy thereof shall be available in the council chambers during each meeting at which said ordinance is considered by the council for review by all persons interested therein.

(Municipal Election 11/7/00)

Any ordinance declared by the council to be necessary as an emergency measure for preserving the public peace, welfare, health or safety, and containing a statement of the reasons for its urgency, may be introduced by reading in full, and adopted at the same meeting if passed by at least four (4) affirmative votes. No such emergency ordinance shall remain in effect for a period longer than six (6) months. The city council may also adopt an interim zoning ordinance as an emergency measure provided such interim zoning ordinance is adopted in the manner provided by state law.

(Res. No. 17 85-86 §3, Passed 11-5-85, Filed in Office of Secretary of State 3-12-86)

No ordinance shall be revised, reenacted or amended by reference to its title only; but the ordinance may be revised or reenacted, or the section, sections, or subsections thereof to be amended, or the new section, sections, or subsections to be added thereto shall be set forth at length as to the particular section, sections, or subsection to be so revised, reenacted or adopted and adopted in the method provided in Section 611 of this Charter. No ordinance or section or subsection thereof shall be repealed except by an ordinance adopted in the manner provided in this Charter, provided that an ordinance, section or subsection thereof may be repealed by reference to the number of the ordinance, section or subsection and to the title of the ordinance or section.

(Assembly Concurrent Res. No. 163, 1969, Ratified 4-8-69)

The sale or exchange of real property owned by the city shall be authorized by resolution adopted by the affirmative vote of at least five (5) members of the council, provided that this section shall not apply to properties dedicated to the City of Chico for park purposes by Annie E. K. Bidwell or Guy R. Kennedy, by deed or will, and such properties shall not be conveyed or exchanged.

The purchase or lease (whether as lessor or lessee) of real property shall be approved by the council, except as otherwise provided in this Charter.

(Res. No. 25 84-85 §4, Passed 11-6-84, Filed in Office of Secretary of State 1-3-85; Res. No. 111 89-90 §2, Passed 6-5-90, Filed in Office of Secretary of State 10-4-90; Measure L (part), Passed 11-2-04, Filed in Office of Secretary of State 12-9-04))

All ordinances and resolutions shall be attested to by the city clerk, but need not be signed by any other officer except as otherwise required by this Charter.

(Res. No. 84 74-75 §3(a), Passed 4-8-75, Filed in Office of Secretary of State 4-21-75)

Except as otherwise herein provided to the contrary, ordinances shall become effective on the 30th day following date of adoption, provided that such ordinance has been published as provided by Section 611 within fifteen (15) days from date of adoption. In the event publication has not been so made, then such ordinance shall become effective on the 15th day following the date of publication. The following ordinances are expressly excepted from the foregoing requirements, and shall take effect upon adoption:

A. An ordinance calling or otherwise relating to an election;

B. An improvement proceeding ordinance adopted under some law or procedural ordinance;

C. An emergency ordinance adopted in the manner provided for in this article.

(Res. No. 17 85-86 §4, Passed 11-5-85, Filed in Office of Secretary of State 3-12-86)

Ordinances establishing rules and regulations for the construction of buildings, including, but not limited to the installation of plumbing, electrical wiring, outdoor signs, or other similar work of construction or installation, and governing conditions hazardous to life and property, and a code of existing and properly adopted ordinances where such rules and regulations or ordinance codes have been printed as a code or codes in book form may be adopted by reference to such code or codes or such portions thereof in the manner provided by the general laws of the State of California. Ordinances of the City of Chico may adopt by reference as all or a part of such ordinance all or any portion of any general law of the State of California, without including the specific wording of such law in such ordinance.