Palo Alto Municipal Code Art. III Council

Sec. 1. Powers.

All powers herein granted to and vested in the city of Palo Alto shall, except as herein otherwise provided, be exercised by a council to be designated the council of the city of Palo Alto; and said council shall, except as herein otherwise provided, have the power to fix and establish the method and manner in which such powers shall be exercised.

Sec. 2. Number - Term.

Commencing January 1, 2019, said council shall be composed of seven members, each of whom shall be an elector and shall have been a resident of the city of Palo Alto for at least thirty days next preceding the final filing date for nomination papers for such office. The members of said council shall be known as councilmen, councilwomen, or council members and their terms of office shall be four years, commencing on the first day of January next succeeding their election. The terms of council members who took office on July 1, 1977, shall expire on December 31, 1981. Commencing January 1, 1992, no person shall be eligible to serve consecutively in more than two full terms of office as a member of the council. Any partial term of office longer than two years shall be deemed a full term. Terms of office commenced before January 1, 1992, shall not be counted when determining eligibility under this section.

(Amended by Stats. 1965, ACR No. 20 and by Stats. 1965, ACR No. 161 and by Stats. 1972, Ch. 71, 7-7-72, and by amendment filed with Secretary of State, July 1, 1976 and by amendment filed with Secretary of State, December 12, 1979 and by amendment filed with the Secretary of State, January 21, 1992, and amendment passed by electorate November 4, 2014)

Sec. 3. Time of election.

A regular election shall be held in the city of Palo Alto on the first Tuesday after the first Monday in November of each even-numbered year, commencing with the year 2012, and the same shall be known as the general municipal election. All other municipal elections that may be called under the authority of this charter, or by the general laws, shall be known as special elections.

Notwithstanding four-year city council member term limit set forth in Article III, section 2 of this charter, any city council members whose term of office would have expired prior to 2012 shall continue in their offices until December 31, 2012 or until their successors are elected and qualified.

Notwithstanding four-year city council member term limit set forth in Article III, section 2 of this charter, any city council members whose term of office would have expired prior to 2014 shall continue in their offices until December 31, 2014, or their successors are elected and qualified.

(Amendment filed with Secretary of State, December 12, 1979 and amendment passed by electorate November 2, 2010)

Sec. 4. Elections.

All elections called and held in said city shall be held and conducted in manner and form as required by the general laws of the state governing elections within municipalities, provided that the council may by ordinance determine the manner of holding elections, the number of voting precincts, the naming of election officers, and shall act as a canvassing board to canvass the results of such elections.

Sec. 5. Council to fix time and place of meetings.

Said council shall fix a time and place for its regular meetings and may adopt rules to govern its proceedings.

Sec. 6. Quorum - Absent members - Fines.

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 compel the attendance of absent members, and impose such fines as it may deem proper upon members refusing or neglecting to attend such meetings.

(Amended by Stats. 1965, ACR No. 20)

Sec. 7. Majority vote necessary.

No ordinance or resolution shall be passed, no appointment made, no officer removed, and no contract shall be awarded without the affirmative vote of a majority of the council.

(Amended by Stats. 1965, ACR No. 20)

Sec. 8. Mayor - Election - Duties.

The council shall, at its first meeting in January, elect one of its number as its presiding officer, who shall have the title of mayor, and one of its number to be vice-mayor, who shall serve for one year after their election, and until their successors are elected and qualified. The mayor and vice-mayor shall serve until election and qualification of their successors. The mayor shall preside at all meetings of the council, shall sign all official documents when the signature of the council or mayor is required by law, and shall act as official head of the city on public or ceremonial occasions. The mayor shall not have any regular administrative duties but may act as ex officio member of all boards, commissions, and committees. The mayor shall vote as other members of the council, but shall have no power of veto. The mayor shall have the power to administer the oaths and affirmations. The mayor shall perform such other duties as from time to time are assigned by the council. When the mayor is absent from any meeting of the council or incapable of performing his or her duties, the vice-mayor shall, during such time, have the full powers of the mayor. A vacancy in the positions of mayor or vice-mayor shall be filled by the council for the unexpired term.

(Amended by Stats. 1972, Ch. 71, 7-7-72 and by amendment filed with Secretary of State, December 12, 1979 and by amendment filed with the Secretary of State, January 21, 1992)

Sec. 9. Officers appointed by council - Boards, committees, and commissions.

The council shall appoint a city manager, clerk, attorney, and auditor, and, except as otherwise provided, may by ordinance or otherwise create or abolish offices, boards, committees, or commissions, and provide for their manner of appointment, their tenure, and the duties which they shall perform.

(Amended by Stats. 1965, Ch. 25, 2-19-65 and by Stats. 1968, Ch. 163, 7-8-68 and by Stats. 1972, Ch. 71, 7-7-72 and by amendment filed with the Secretary of State, December 9, 1983)

A vacancy on the council may be filled by a majority of the remaining members of the council, and the appointee shall hold office until the first day of January succeeding the next election at which council members are to be elected. At the next election succeeding any vacancy a council member shall be elected to serve for the unexpired term. If the council fails to fill such vacancy within 60 days of such vacancy or the council chooses to fill such vacancy by election, it shall forthwith call a special election, at which a council member shall be elected to serve for the unexpired term.

(Amended by Stats. 1972, Ch. 71, 7-7-72 and by amendment filed with the Secretary of State, December 12, 1979)

The council shall by ordinance provide for the assessment of city property for city taxes, the equalization and correction of the assessment, the collection, payment and enforcement of the taxes, including delinquent taxes, and the redemption of property from sale or other penalty for nonpayment of city taxes. On or before September first in each year, it shall levy such tax as may be necessary to raise revenue for the maintenance and operation of the city and the several departments during the fiscal year, but such tax levy for all municipal purposes, except for the payment of interest and principal of the bonded debt and the contribution of the city to employees' retirement, shall not exceed the sum of one hundred twenty-five cents upon each one hundred dollars of assessed valuation as the same appears upon the assessment roll. If in the judgment of a majority of the council it should be necessary to provide a revenue in excess of the sum realized from the levy herein provided, the question of the levy of an additional property tax shall be submitted to the electors, and a special election may be held for that purpose. The additional sum or rate required to be raised by such additional tax levy shall be expressed upon the ballot. If a majority of the votes cast upon such proposition shall be in favor of authorizing the council to levy such additional rate, then the council may levy the additional tax so authorized for one fiscal year only.

(Amended by Stats. 1968, Ch. 163, 7-8-68)

It shall be the duty of the council, upon the recommendation of the city manager, to consider and, after a public hearing, adopt a budget for each fiscal year. After the adoption of a budget, transfers of appropriations from one department to another may be made only by a majority vote of the council. This budget shall include the estimated receipts and expenditures of all public funds, except those which are trust funds, from whatever source they are derived. All expenditures made on behalf of the city, directly or through any agency, except those required to be made by state law, must be made in accordance with the authorization contained in the appropriation ordinance. The form in which this budget is adopted shall determine the method to be followed in all accounting by all representatives and administrative agents of the city. The council shall set all salary and wage scales, determine the procedure for the payment of all demands against the city, and the duties of the city's several officers in respect thereto. Additional appropriations of receipts in excess of the total appropriations made by the budget may be made by a two-thirds vote of the council.

The council shall establish rates for all revenue producing utilities owned, controlled, or operated by the city.

The ordaining clause of all ordinances adopted by the council shall be, "The council of the city of Palo Alto does ordain as follows," and the ordaining clause of all ordinances adopted in accordance with the provisions of Article VI shall be, "The people of the city of Palo Alto do ordain as follows."

Except for any franchise or franchises which the city council may grant for the provision of cable television services, no other franchise for any other purpose shall be granted by the council, but may be granted by the electors by ordinances proposed and adopted as provided in Section 2 of Article VI of this charter, provided that the petition therefor shall be signed by qualified and registered voters equal in number to at least twelve percentum of the number of registered voters at the last preceding general municipal election; and provided further, that no franchise shall be granted for a longer term than twenty-five years.

(Amended by Stats. 1969, Ch. 223, 6-26-69 and by amendment filed with the Secretary of State, December 9, 1983)

The council shall publish annually a financial report of the city which shall be available to taxpayers.

No member of the council shall hold any other office or employment the compensation for which is paid out of the moneys of this city. No member of the council shall be elected or appointed to any city office for which compensation is paid until one year after the termination of membership in the council, either by resignation or expiration of such council member's term. Compensation may be paid council members in amounts not to exceed those provided by general law.

(Amended by Stats. 1969, Ch. 223, 6-26-69 and by Stats. 1972, Ch. 71, 7-7-72)

Within six months after the adoption of this amended charter, the council shall adopt by ordinance an administrative code providing for a complete plan of administrative organization of the city government, which will cover all matters concerning the powers, duties, term of office, procedure of all the officers, boards and commissions and employees of the city; provided however, that the provisions of said code shall not be in conflict with any of the provisions of this charter. This administrative code will cover all rules and regulations relating to fiscal operations, personnel management, election procedure, and other matters concerning the operation of the functions of the city government.

The council is empowered to enter into a contract with the Board of Administration of the California State Employees' Retirement System, making the employees of the city members of said system, and for this purpose may levy a tax sufficient to pay costs and expenses of the share which the city must contribute to maintain employee participation. It is provided, however, that the council may terminate this contract only upon authority granted by an ordinance adopted by a majority vote of the electors of the city voting on such a proposition at an election at which such proposition to discontinue the contract is presented.

The council may, by ordinance, assign additional duties and powers to officers, departments, commissions, and boards provided in this charter, or may reassign functions from one office to another, or may combine in one office the powers and duties of another office, provided that the offices of city manager and auditor may not be combined and that an office to which the manager makes the appointment shall not be combined with one to which the appointment is made by the council.

(Amended by amendment filed with the Secretary of State, December 9, 1983)

The council may require any of the city officers and deputies to give official bonds in such sums as it may deem proper, and the city shall pay all premiums upon surety bonds when such bonds are given. It may provide for the appointment of such deputies and assistants as may be required, and shall fix the compensation of such officers, deputies, and assistants in the annual appropriation ordinance. All officers shall perform such services as the council may require.

The council may appoint a board of compensation referees to act upon all claims against the city arising under the workmen's compensation provisions of the Labor Code of the State of California. The council may also appoint an independent board or boards for cable television matters. All other boards, commissions, and committees appointed by the council or by any officer of the city under the provisions of this charter or under any ordinance adopted by the council shall be advisory only and shall exercise no governmental or administrative powers.

(Amended by amendment filed with the Secretary of State, December 9, 1983)

The council may by ordinance or resolution, provide for the preservation and continuation of government in the event of disaster which renders unavailable a majority of the council.

(Amended by Stats. 1961, Ch. 190, 6-7-61)