Mountain View Municipal Code Art. V The Council

Except as otherwise provided in this section, the members of the council shall hold office for a term of four (4) years from and after the first meeting in January following their election and continuing until their respective successors qualify.

Ties among candidates for any office shall be settled by the drawing of lots.

No person shall be eligible to serve as a member of the city council for more than two successive four-year elective terms. Any person appointed or elected to the city council to fill an unexpired term of not more than two years in length shall, however, be eligible to serve two successive four-year elective terms upon the expiration of the unexpired term for which that person was appointed or elected.

(As amended March 4, 1975; June 3, 1980; November 2, 1993.)

No person shall be eligible to be nominated for or to hold office as a member of the council unless that person is and shall have been a resident and a registered voter of the City of Mountain View at the time nomination papers are issued to the candidate and that the person shall remain a resident and a qualified elector of the City of Mountain View or of territory annexed thereto, as defined in the California Elections Code.

(As amended April 9, 1974; June 3, 1980; November 3, 1998.)

No member of the council shall hold any other city office or city employment except as is otherwise provided by this Charter. No member of the council shall be eligible to be elected or appointed to any city position, office or employment which was created or the compensation of which was increased by the council while that person was a member thereof, until one year after the expiration of the term for which the councilmember was elected or appointed.

(As amended June 3, 1980.)

Each member of the city council shall receive as salary, each month, that sum which has been established by the electorate as of November 4, 2014, as the baseline salary amount of one thousand dollars ($1,000) per month with automatic annual adjustments based on the lesser of the San Francisco Bay Area Consumer Price Index for urban wage earners or the average cost-of-living adjustment granted to the miscellaneous city employee bargaining groups and not to exceed five percent (5%) per year. The mayor shall receive as salary, each month, that amount as calculated for a councilmember above, plus an additional twenty-five percent (25%) of said sum. Any amounts paid to a councilmember for retirement, health and welfare, and federal Social Security benefits shall not be included for purposes of determining salary pursuant to this section provided the same benefits are available and paid by the city for its employees. Notwithstanding the foregoing, the city council shall have no power to increase its salary by ordinance, resolution or motion. If a member of the city council, or mayor, does not attend all regular meetings of the city council called on order of the city council and held during the month, that person's salary for such month shall be reduced by the sum of twenty-five dollars ($25) for each regular meeting not attended unless that person is absent with the consent of the mayor or for official city business.

(As amended, April 9, 1968; June 3, 1980; November 6, 1984; November 4, 2014.)

The council shall, within 30 days from the commencement of any vacancy on the council from whatever cause arising, either fill the vacancy by appointment or call a special election to fill the vacancy. If the vacancy is filled by appointment, the person so appointed shall hold office until the first Tuesday following the next general municipal election at which a successor could be elected and until that person's successor qualifies. At that next general municipal election following any vacancy, a councilmember shall be elected to serve for the remainder of any unexpired term. If the vacancy be filled by election, the person so elected shall hold office for the unexpired term of the former incumbent and until that person's successor qualifies. When any vacancy occurs, if there are two councilmembers at that time serving terms to which they were appointed, then in that event, the vacancy shall be filled solely by election. Notwithstanding the provisions of Charter Section 1302, a special election to fill a council vacancy may be held on any date.

(As amended, April 12, 1960; June 3, 1980; November 6, 1984.)

(a) Mayor. The council shall meet and elect one of its members as its presiding officer, who shall have the title of mayor. The mayor shall have a voice and vote in all its proceedings. The mayor shall be the official head of the city for all ceremonial purposes. The mayor shall perform such other duties consistent with the mayoral office as may be prescribed by this Charter or as may be imposed by the council. The mayor shall serve in such capacity at the pleasure of the council.

The selection of mayor shall occur annually. If possible, the selection shall be made at the first meeting in January or, at the council's discretion, at such other meeting to accommodate the needs of the council.

(b) Vice mayor. At the time set for selection of mayor, the council shall also designate one of its members as vice mayor who shall serve in such capacity at the pleasure of the council. The vice mayor shall perform the duties of the mayor during the mayor's absence or disability.

(As amended June 3, 1980; November 3, 1998.)

All powers of the city, except as otherwise provided in this Charter, shall be vested in the council, and said council may establish the method by which any of such powers may be exercised.

The council shall, by ordinance, provide for the time and place of holding its meetings and the manner in which its special meetings may be called.

All legislative sessions of the council, whether regular or special, shall be open to the public.

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.

Each member of the council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the council. The council shall have the power and authority to compel the 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 by the city clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of this state.

No citizen shall be denied the right personally, or through counsel, to present grievances or offer suggestions for the betterment of municipal affairs, at any regular meeting of the council, nor to speak to the subject of any special meeting.

The council shall determine its own rules of procedure, may punish its members for disorderly conduct and compel their attendance at the council meetings.

Legislative action shall be taken by the council only by means of an ordinance, resolution or minute action duly recorded in the official minutes of the city council. (As amended November 3, 1998.)

With the sole exception of ordinances which take effect upon adoption referred to in this article, no ordinance shall be adopted by the council on the day of its introduction, nor within five days thereafter nor at any time other than at a regular or adjourned regular meeting nor until such ordinance shall have been published as required in this Charter. At the time of introduction or adoption of an ordinance or resolution it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the councilmembers present. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting, held not less than five days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence.

No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting.

Any ordinance declared by the council to be necessary as an emergency measure for preserving the public peace, health or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least five affirmative votes.

(As amended June 3, 1980.)

Upon the adoption of any ordinance the clerk shall call the roll and shall cause the ayes and noes to be entered in the minutes of the meeting. Upon the request of any member the ayes and noes shall be taken and recorded on any vote.

No ordinance or resolution shall be passed or become effective without receiving the affirmative votes of at least four members of the council.

In addition to such acts of the council as are required by other provisions of this Charter to be by ordinance, every act of the council establishing a fine or other penalty or granting a franchise, shall be by ordinance. The enacting clause of all ordinances adopted by the council shall be substantially as follows: "The city council of the City of Mountain View does ordain as follows:"

All ordinances shall be signed by the mayor and attested by the city clerk.

No ordinance adopted by the council shall become effective until thirty days from and after the date of its adoption, except the following, which 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 ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation, or levying the annual tax upon property.

(d) An emergency ordinance adopted in the manner provided for in this article.

(e) An ordinance annexing areas to the city.

(f) An ordinance providing for a tax levy or appropriation for the usual current expenses of the city.

A violation of any ordinance of the city shall constitute a misdemeanor, unless the violation of such ordinance is designated as an infraction, and may be prosecuted in the name of the People of the State of California or may be redressed by civil action. The maximum fine or penalty for any misdemeanor or infraction shall not exceed the maximum fine or penalty as set forth in the Government Code of the State of California for the violation of a municipal ordinance.

(As amended November 2, 1993; November 3, 1998.)

The amendment of any section or sections of an ordinance may be accomplished solely by the re-enactment of such section or sections at length, as amended.

Except as otherwise provided in this Charter, the city clerk shall cause each proposed ordinance, other than an emergency ordinance or an ordinance which takes effect upon adoption, to be published at least once in the official newspaper at least two (2) days prior to its adoption; or, as an alternative method of publication, the council may order copies of any proposed ordinance to be posted at least two (2) days prior to its adoption in three (3) prominent places in the city and cause a single publication in the official newspaper of a notice setting forth the title of the ordinance, the date of its introduction, and a list of the places where copies of the proposed ordinance are posted.

The city clerk shall cause each emergency ordinance or ordinance which takes effect on adoption to be published at least once in the official newspaper within fifteen (15) days after its adoption.

(As amended, April 12, 1960.)

Any or all ordinances of the city which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code, and such code may be adopted by reference with the same effect as an ordinance by the passage of an ordinance for such purpose. Such code need not be published in the manner required for other ordinances, but not less than three copies thereof shall be filed for use and examination by the public in the office of the city clerk prior to the adoption thereof. Ordinances codified shall be repealed as of the effective date of the code. Subsequent amendments to sections of the code shall be enacted in the same manner as herein required for the amendment of ordinances generally.

Detailed regulations pertaining to any subject such as the construction of buildings, plumbing, wiring or other subjects which require extensive regulations, when arranged as a comprehensive code, may likewise be adopted by reference in the manner provided in this section.