THE CHARTER1
Article I. Name and Rights of the City
Sec. 1 Name.
The municipal corporation now existing and known as the City of Petaluma shall remain and continue to be a body politic and corporate as at present, in name, in fact and in law.
Sec. 2 Rights and liabilities.
The City of Petaluma shall remain vested with and continue to have, hold and enjoy all property, rights of property, and rights of action of every nature and description now pertaining to this municipality, and is hereby declared to be the successor of the same. It shall be subject to all the liabilities that now exist against this municipality.
Article II. Boundaries
Sec. 3 Boundaries.
The boundaries of said city shall be the same as now established with power and authority to change the same as provided by law.
Article III. Elections
Sec. 4 General and special municipal elections.
A municipal election shall be held on the same day as the statewide general election in November of 1984 and biennially thereafter. All such elections shall be known as regular municipal elections. All other municipal elections which may be held shall be known as special municipal elections.
Those city officers whose terms would otherwise expire in June of 1983 shall, instead, continue in office until the first regular meeting of the city council in January of 1985, and until their successors are elected and qualify.
Those city officers whose terms would otherwise expire in June of 1985 shall, instead, continue in office until the first regular meeting of the city council in January of 1987, and until their successors are elected and qualify.
Except as herein otherwise specifically provided, all regular and special municipal elections of this city are to be held in accordance with the provisions of the Elections Code of the State of California, including all amendments thereto.
The conduct and carrying on of all city elections shall be under the control of the council and the mayor. The council shall, by ordinance or resolution, make provisions for holding all city elections, and may district and subdivide the municipality into municipal election precincts for the holding of municipal elections and may consolidate such precincts in the municipality for such elections, and may adopt for such precincts the precincts established by the Board of Supervisors of Sonoma County in this city. (Reso. No. 105, ch. 183, 7-2-49: amendment approved by voters 11/2/82.)
Sec. 5 Remuneration.
The remuneration of the election officers at municipal elections shall be fixed by the council.
Sec. 6 Follow general law.
The provisions of the general laws of the state governing the election for state and county officers, not inconsistent with the provisions of this Charter, shall govern city elections in matters of which no provision is made in this Charter and the city council and city clerk respectively shall exercise the powers and perform the duties conferred or imposed by such laws on boards of supervisors and county clerks concerning elections.
Sec. 7 Returns.
The election returns from each municipal election precinct shall be filed with the city clerk, who shall immediately place them in the safe or vault in the city clerk’s office, and no person shall be permitted to handle, inspect, examine, or in any manner interfere with the same until canvassed by the city council. After having been canvassed, they shall be sealed up and kept by the city clerk for six months, and no person shall have access to them, except on the order of a court of competent jurisdiction.
On the first Monday after the election and at their usual time and place of meeting, the city council shall meet and canvass the returns and declare the results.
Sec. 8 Certificate of election.
After the result of an election is declared, or when an appointment is made, the city clerk under his or her hand and official seal, shallissue a certificate therefor and serve the same personally or by depositing such certificate with the postage prepaid, in the United States post office in Petaluma, addressed to the person elected or appointed, and such person must, within sixty days after receiving such certificate, file his official bond, if a bond is required of him by this Charter or the ordinances of the city, and take and subscribe to the oath of office and any other oath required of him by this Charter or any statute of the State of California which oath must be filed with the city clerk. All elective officers shall take office at the first regular meeting of the city council in January after the result of each election shall have been officially declared, and shall hold office for such term as in this Charter provided and until the election and qualification of their successors. (Reso. No. 101, ch. 204, 6-23-51: amendment by voters 11/2/82.)
Article IV. Elective Officers
Sec. 9 Elective officers.
The elective officers of the city shall be a mayor and six councilmen and such school directors as are otherwise provided for in this Charter. The council shall consist of the mayor and six councilmen, each of whom, including the mayor, shall have the right to vote on all questions coming before the council.
Sec. 10 Election at large.
The mayor and councilmen shall be elected at the general municipal election on a general ticket from the city at large.
Sec. 11 Eligibility of mayor and councilmen.
To be eligible for the office of mayor or councilman, a person must be a citizen of the
United States and a qualified elector of the State of California and of the City of Petaluma.
Sec. 12 Eligibility of school directors.
To be eligible for the office of school director, a person must be a citizen of the United States, of the age of twenty-one years, and a resident of the Petaluma school district.
Sec. 13 Vacancy in the office of mayor or councilman.
If a vacancy should occur in the office of mayor or councilman, the council shall appoint a person to fill such vacancy until the next general municipal election. If at any municipal election held under section 4 of this Charter, a mayor or the required number of councilmen be not elected by reason of a tie vote among any of the candidates therefor, the council, after the qualifications of the persons, if any, elected thereto at such election, shall appoint one of the persons receiving such tie vote to fill such office as in the case of a vacancy therein. In each case of such vacancy or tie vote, the person so appointed shall hold office, subject to the provisions of the recall, until the next general municipal election at which said election said vacancy shall be filled by the election of an eligible person to serve until the end of the term for which the officer creating such vacancy had been, or, in the case of such tie vote, would have been elected. (Reso. No. 101, ch. 204, 6-23-51.)
Sec. 14 Vacancy in the office of school director.
If a vacancy shall occur in the office of school director, the board of education shall appoint a person to fill such vacancy. If at any municipal election held under section 4 of this Charter a school director be not elected by reason of a tie vote among any of the candidates therefor, then the board ofeducation after the qualification of the persons, if any, elected thereto at such election, shall appoint one of the persons receiving such tie vote, to fill such office as in case of a vacancy therein. In each case the person so appointed shall hold office, subject to the provisions of the recall, until the next general municipal election.
Sec. 15 Mayor’s term of office.
The mayor shall hold office for a term of four years from and after the first regular meeting of the city council in January, after his or her election and until his or her successor is elected and qualified. (Amendment approved by voters 11/2/82.)
Sec. 16 Councilmen’s term of office.
The councilmen shall hold office for a term of four years from and after the first regular meeting of the city council in January after their election, and until their successors are elected and qualified. (Amendment approved by voters 11/2/82.)
Sec. 17 Official bonds.
The council shall determine which officers shall give bonds for the faithful performance of their official duties, and fix the amount thereof. Each of such officers, before entering upon the duties of his office, shall execute a bond to the city in the penal sum required, which bond shall include any other offices of which he may be ex officio incumbent. Said bonds shall be approved by the council and filed with the clerk.
Sec. 18 Oath of office.
Every elective officer of the city, all appointed department heads, and such other persons as may be designated by the city council, before entering upon the duties of their respective office, shall take the oath of office as provided in the constitution of the state and shall file same with the city clerk.
Sec. 19 Salaries.
The councilmen shall each receive a fee of five dollars for each meeting of the council which he shall attend. The mayor shall receive a fee of ten dollars for each meeting of the council which he shall attend; provided, that neither a councilman nor the mayor shall receive such fee for more than four meetings in any one calendar month.
Article V. The Mayor
Sec. 20 The mayor’s powers.
The mayor shall be the chairman of the council, and shall preside at the meetings of the council, and perform such other duties consistent with his office as may be imposed by the council. He shall be entitled to a vote on all matters coming before the council but shall possess no veto power. He shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purposes of serving civil processes, and by the governor for military purpose. He may use the title of mayor in any case in which the execution of contracts or other legal instruments in writing, or other necessity arising from the general laws of this state may so require, but this shall not be construed as conferring upon him administrative or judicial functions or other powers or functions of a mayor, under the general laws of the state. The powers and duties of the mayor shall be such as are conferred upon him by this Charter, together with such others as may be conferred by the council in the pursuance of the provisions of this Charter, and no other.
Sec. 21 Mayor pro tempore.
During the temporary absence or disability of the mayor, the vice-president of the councilshall act as mayor pro tempore. In case of the temporary absence or disability of both the mayor and the vice-president, the council shall elect one of its members to be mayor pro tempore. In case of vacancy in the office of mayor, the vice-president of the council shall act as mayor until such vacancy can be filled as provided in this Charter.
Sec. 22 Mayor to have city’s books examined.
The mayor shall employ, for a stipulated compensation, at the beginning of each fiscal year, a certified public accountant, who shall examine, at least once a year, the books, records and reports of the auditor and of all officers and employees who receive or disburse city moneys, and the books, records and reports of such other officers and departments as the mayor may direct, and make quadruplicate reports thereof and present one each to the mayor, auditor and city manager and file one with the city clerk. Such accountant shall have unlimited privilege of investigation, to examine under oath or otherwise all officers, clerks and employees of the city, and every such officer, clerk and employee shall give all required assistance and information to such accountant, and submit to him for examination such books and papers of his office as may be requested, and failure to do so shall be deemed and held to be a forfeiture and abandonment of his office. The council shall provide for the payment of the services of such accountant.
Article VI. Executive and Administrative Departments
Sec. 23 The city manager.
The council shall appoint an officer who shall be known as the city manager, who shall be the administrative head of the municipal government and who shall be responsible for the efficient administration of all departments. He shall receive such salary as may be fixed by the council. He shall be chosen by the council without regard to his political beliefs, and solely on the basis of his executive and administrative qualifications. He must have received schooling or had actual administrative experience in the council manager form of city government. He cannot be removed from office except by a vote of four members of the council. He shall serve at the will of the council, and in case of his removal he may demand written charges and a public hearing thereon before the council, prior to the date upon which his final removal is to take place; but the decision and action of the council upon such hearing shall be final and pending such hearing the council may suspend him from duty.
During the absence or disability of the city manager the council shall designate some properly qualified person to perform his duties. Whenever a vacancy occurs in this office, the council shall immediately proceed to elect a city manager. (Election of November 5, 1996.)
Sec. 24 Powers and duties of city manager.
The city manager shall be responsible to the council for the efficient administration of all affairs of the city. He shall have the power, and it shall be his duty:
A. To see that all laws and ordinances are duly enforced, and he is hereby declared to be beneficially interested in their enforcement and to have the power to sue in the proper court to enforce them.
B. Subject to the consent and approval, by resolution adopted by a majority of the members of the city council, the city manager shall have power and it shall be his duty to appoint, discipline or remove the following officials: Assessor. treasurer, tax and license collector, director of public works or city engineer, chief of police, fire chief, street superintendent, park superintendent, director of recreation and such other heads of departments or officials determined by the city council. All subordinate officers and employees of the city shall be appointed and be subject to discipline or removal by the city manager and neither the council nor any of its committees or members shall dictate, either directly or indirectly, the appointment, discipline or removal of any such subordinate officials or employees of the city appointed by the city manager, or in any manner interfere with him or prevent him from exercising his own judgment in the appointment, discipline or removal of such subordinate officer or employee in the administrative service. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any of the subordinates of the city manager, including said officers, department heads, subordinate officers and employees, either publicly or privately.
C. To exercise administrative control over all departments, divisions and bureaus of the city government and over all appointed officers and employees thereof.
D. Except when the council is considering his removal, to attend all regular meetings of the council, and its committees, with the right to take part in discussions, but without power to vote. He shall receive notice of all special meetings.
E. To recommend to the council for adoption such measures and ordinances as he may deem necessary or expedient.
F. To make investigations into the affairs of the city, or any department or division thereof, or any contract, or the proper performance of any obligation running to the city.
G. To prepare and submit to the council the annual budget.
H. To keep the council at all times fully advised as to the financial condition and needs of the city.
I. To submit to the council, at each meeting, for its approval, a list of all claims and bills approved for payment by him.
J. To devote his entire time to the duties and interests of the city.
K. To perform such other duties as may be prescribed by this Charter, or be required by ordinance or resolution of the council.
He shall be charged with the general supervision of all public utility companies insofar as they are subject to municipal control; he shall keep himself fully informed as to their compliance in all respects with the law and he shall see that all franchises granted by the city are faithfully observed; he shall cause to be instituted such actions or proceedings as may be necessary to prosecute public utility companies for violations of law, and revoke, cancel or annul all franchises that may have been granted by the city to any person, firm or corporation, which have become forfeitable in whole or in part, or which for any reason are illegal and void and not binding upon the city. The city attorney on demand of the city manager must institute and prosecute the necessary actions to enforce the provisions of this subsection.
(Reso. No. 101, ch. 204, 6-23-51.)
Sec. 25 The principal appointive officials.
The principal appointive officials of the city shall be the city clerk, city auditor, assessor, treasurer, tax and license collector,city attorney, director of public works or engineer, police judge, chief of police, fire chief, street superintendent, park superintendent, director of recreation and five library trustees.
The five library trustees shall be appointed to a term not to exceed four years and may be removed by a majority vote of the council, and one of such trustees must be appointed by the council from its own members.
The board of library trustees shall have the power and duty to:
A. Manage the library and appoint, discipline and dismiss all officers and employees of the library;
B. Accept money, personal property, or real estate donated to the city for library purposes, subject to the approval of the council; and
C. Contract with school, county or other government agencies to render or receive library services or facilities, subject to the approval of the council.
The city council at any time when in its judgment the interests of the city so demand, may consolidate and place in charge of one such officer the functions and duties of two or more such officers. The council shall prescribe the duties of all of the principal appointive officials except as otherwise provided in this Charter.
(Reso. No. 215, ch. 253, 6-23-69; Reso. No. 101, ch. 204, 6-23-51.)
Sec. 26 City attorney.
There shall be a city attorney appointed by the city council who shall be an attorney-atlaw, duly admitted to practice before the supreme court of this state. It shall be his duty to prosecute on behalf of the people all criminal cases before the police court and all violations of this Charter and city ordinances and resolutions. It shall be his duty to attend to all suits and other matters to which the city is a party, or in which the city may be legally interested; provided, the council shall have control of all litigation of the city, and may direct an attorney to take charge thereof, or to assist the city attorney therein.
The city attorney shall give his advice or opinion in writing to the mayor, council, board of education, or other city officers, whenever required to do so, and do such other things appertaining to his office as the council may require of him. He shall pass upon the sufficiency and validity of all bonds given to and all contracts made with the city. He shall, when required by the council, or any member thereof, draft any and all proposed ordinances, resolutions, laws, rules, contracts, bonds and all other legal papers for the city.
He shall attend meetings of the council as directed by the city manager. The salary of the city attorney shall be full consideration for all services rendered or as established by an employment contract if the city attorney is not an employee. (State Legislature Charter ch. 6, 2-6-95)
Sec. 27 Subordinate officers and employees.
The council shall have power by ordinance to create and discontinue departments, bureaus, offices, deputyships, assistantships, and employments other than those prescribed in this Charter, and to prescribe the duties pertaining thereto.
Sec. 28 Compensation of officers and employees.
The compensation of all city officers provided for by sections 25, 26 and 27 of this Charter, except library trustees, who shall receive no remuneration, shall be by salary to be fixed by the council on the recommendation of the city manager. The council shall also fix the compensation of all other officers and employees on recommendation of the citymanager, except as in this Charter otherwise provided. No officer or employee shall be allowed any fees, perquisites, emoluments, rewards or compensation, aside from the salary or compensation as fixed by the council, but all fees received by him in connection with his official duties shall be paid by him into the city treasury.
Sec. 29 Reports of departments.
Each department and commission shall annually, on such date as may be fixed by the council, render to the city manager a full report of all operations of such department or commission for the year.
Sec. 30 Reports to be published.
The council shall provide for the publication of the annual report of the city manager.
Sec. 31 Councilmen to hold no other office.
No member of the council shall hold any other municipal office except as otherwise provided for in this Charter, or hold any office of employment the compensation of which is paid out of the municipal moneys except as otherwise provided in this Charter; or be elected or appointed to any office created or the compensation of which is increased by the council while he was a member thereof.
Sec. 32 Officers not to be interested in contracts or franchises.
City officers shall not be interested in any contract made by them in their official capacity, or by any body or board of which they are members Any wilful violation of the provisions of this section shall be a ground for removal from office, and shall be deemed a misdemeanor and punished as such. City officers shall not be purchasers at any sale nor vendors at any purchase made by them in their official capacity. Any contract made in violation of any of the provisions of this section may be voided at the instance of any party except the officer interested therein. (Reso. No. 105, 183, 7-2-49.)
Sec. 33 Political and religious tests.
No appointment to position under the city government shall be made or be withheld by reason of any religious or political opinions, or affiliations or political services, and no appointment to or selection for or removal from any office or employment, and no transfer, promotion, reduction, reward or punishment shall be in any manner affected by such opinions, affiliations or services.
Article VII. The Council
Sec. 34 The council; the governing body.
The council shall be the governing body of the municipality. It shall exercise the corporate powers of the city, and, subject to the express limitation of this Charter, shall be vested with all powers of legislation in municipal affairs adequate to a complete system of local government consistent with the constitution of the state.
Sec. 35 President and vice-president.
The mayor shall be president of the council, and shall preside at its meetings when present. The council shall elect one of its members to be vice-president.
Sec. 36 Meetings of the council.
The council shall provide for the time and place of holding its meetings and the manner in which its special meetings may be called;provided, however, they hold at least one regular meeting in each calendar month.
Sec. 37 Meetings to be public.
All legislative sessions of the council, whether regular or special, shall be open to the public.
Sec. 38 Quorum.
A majority of the members of the council shall constitute a quorum for the transaction of business.
Sec. 39 Rules of proceeding.
The council shall establish rules for its proceedings.
Sec. 40 Ordinances and resolutions.
The council shall act only by ordinance or resolution.
Sec. 41 Ayes and noes.
The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the council.
Sec. 42 Majority vote of the council.
No ordinance or resolution shall be passed or become effective without receiving the affirmative votes of at least a simple majority of the council members present.
Sec. 43 Subject and title.
Every ordinance or resolution, except an ordinance making appropriations, shall be confined to one subject which shall be clearly expressed in the title, and every ordinance making appropriations shall be confined to the subject of the appropriations. If any subject shall be embraced in an ordinance which shall not be expressed in its title, such ordinance shall be void only as to so much thereof as shall to be expressed in its title.
Sec. 44 Enacting clause of ordinances.
The enacting clause of all ordinances passed by the council shall be in these words: "Be it ordained by the council of the City of Petaluma as follows."
Sec. 45 Requirements of an ordinance.
To constitute an ordinance of the city council it must, before final action thereon, be advertised once at least two days before its adoption, and in case of any amendment being made thereto, before the final adoption of the ordinance, such ordinance as amended must in like manner be advertised once at least three days before final adoption. The advertisement of an ordinance shall be by publication in at least one edition of the official newspaper of the city, except that upon (1) unanimous vote of the councilmembers present at the meeting when such ordinance is introduced or amendment proposed, the advertisement may be done by posting a copy of such original ordinance or amended ordinance on the bulletin board at the City Hall and, (2) at the direction of the city council, a synopsis of the ordinance may be published in lieu of the ordinance in its entirety and the entire text of the ordinance shall be available to the public through the office of the city clerk. (State Legislature Charter ch. 6, 2-6-95: Reso. No. 105, ch. 183, 78-2-49; Reso. No. 101, ch. 204, 6-23-51.)
Sec. 46 Ordinance required in certain cases.
No action providing for any specific improvements or the appropriation or expenditure of any public money, except sums less than $3,000.00 for the appropriation,acquisition, sale or lease of real property; for the levying of any tax or assessment; for the granting of any franchise; for establishing or changing fire limits; or for the imposing of any penalty, shall be taken except by ordinance, provided, that such exceptions be observed as may be called for in cases where the council takes action in pursuance of a general law of the state. (Reso. No. 101, ch. 204, 6-23-51; Reso. No. 4598, N.C.S., 8-15-66, ß1.)
Sec. 47 Reconsideration.
When any bill is put upon its final passage and fails to pass, and a motion is made to reconsider, the vote upon such motion shall not be taken except at a meeting of the council held not less than one week after the meeting at which such motion was made.
Sec. 48 Signing and attesting.
All resolutions and ordinances shall be signed by the mayor and attested by the city clerk.
Sec. 49 Revision and amendment.
No ordinance shall be revised, re-enacted or amended by reference to its title only; but the ordinance to be revised or re-enacted, or the section or sections thereof to be amended, or the new section or sections to be added thereto, shall be set forth and adopted in the method provided in this section for the adoption of ordinances.
Sec. 50 Repeal.
No ordinance nor section thereof shall be repealed except by ordinance adopted in the manner provided in this section.
Sec. 51 Ordinances granting franchises.
No ordinance for the grant of any franchise shall be put upon its final passage within thirty days after its introduction, and no franchise shall be renewed before one year prior to its expiration.
Sec. 52 Record of city ordinances.
A true and correct copy of all ordinances shall be kept and certified to by the city clerk in a book marked "City Ordinances." Such record copy, with such certificate, or the original ordinance, shall be prima facie evidence of the content of the ordinance and of the due passage and publication of the same, and shall be admissible as such in any court or proceeding. Such records shall not be filed in any case, but shall be returned to the custody of the city clerk. Nothing herein contained shall be construed to prevent the proof of the passage and publication of an ordinance in the usual way.
Sec. 53 Publication of Charter and ordinances.
The council, during the first year after its organization under this Charter and from time to time thereafter, shall cause all ordinances at such time in force to be classified under appropriate heads and, together with or separately from the Charter of the city and such provisions of the constitution and laws of the state as the council may deem expedient, to be published in book form.
Article VIII. Powers of the City and of the Council
Sec. 54 General powers of the city.
Said city, by and through its council and other officials, shall have and may exercise all powers necessary or appropriate to the municipal corporation and the general welfare of its inhabitants, which are not prohibited by the constitution and which it would be competent for this Charter to set forth particularly or specifically, and the specifications herein of any particular powers shall not be held to be exclusive or any limitation of this general grant of powers.
Sec. 55 Appointment of commissions.
The city council shall have the power to establish such commissions as shall be necessary for the effective accomplishment of municipal business; provided, however, that a councilman shall be a member of each commission. Appointment of city commissioners shall be for a term not to exceed four years. No person shall be reappointed as a member of a city commission who has served continuously for six years, until at least one year shall have elapsed after the expiration of the sixth year of such service. (Reso. No. 101, ch. 204, 6-23-51.)
Article IX. Finance and Taxation
Sec. 56 The fiscal year.
The fiscal year of the city shall commence upon the first day of July of each year, or at such other time as may be fixed by ordinance.
Sec. 57 Tax system.2
The council shall by ordinance provide a system for the assessment, levy and collection of all city taxes not inconsistent with the provisions of this Charter.
The council shall have power to avail itself by ordinance of any law of the State of California now or hereafter in force.
Sec. 58 Department estimates of annual requirements.
On or before the first Monday in April in each year, or on such date in each year as shall be fixed by the council, the heads of departments, offices, boards and commissions, shall send to the city manager a careful estimate in writing of the amounts, specifying in detail the objects thereof, required for the business and proper conduct of their respective departments, offices, boards and commissions, during the next ensuing fiscal year.
Sec. 59 Annual estimate of city’s requirements and revenue.
On or before the first Monday in May in each year, or on such date in each year as shall be fixed by the council, the city manager shall submit to the council a tentative budget which shall contain an estimate of the probable expenditures of the city government, for the next ensuing fiscal year, stating the amount required to meet the interest and sinking funds for the outstanding funded indebtedness of the city, and the wants of all the departments of the municipal government in detail, and showing specifically the amount necessary to be provided for each fund and department; also an estimate of the amount of income from fines, licenses and other sources of revenue, exclusive of taxes upon property, and the probable amount required to be levied and raised by taxation.
Sec. 60 Annual budget.
The council shall meet annually prior to fixing the tax levy, and after considering the tentative budget submitted by the city manager shall make a final budget of the estimated amounts required to pay the expenses of conducting the business of the city government for the next ensuing fiscal year. The final budget shall be prepared in such detail as to aggregate sum and the items thereof allowed to each department, office, board or commission, as the council may deem advisable. The council may also provide, in the final budget, an emergency fund in such amount as it may deem advisable, which said fund shall not be allotted to any particular department, office, board or commission except as hereinafter provided.
And the council at the same time shall pass an annual appropriation ordinance, which shall be based upon the budget submitted by the city manager and made up as herein provided. The total amount of appropriations shall not exceed the estimated revenue of the city.
Before the annual appropriation ordinance has been passed, the council may make temporary appropriations for current department expenses, chargeable to the appropriations of the year when passed, to an amount sufficient to cover the necessary expenses of the various departments, until the annual appropriation is in force. No other liabilities shall be incurred by any officer or employee of the city except in accordance with the provisions of the annual appropriation ordinance, or under continuing contracts and loans authorized under the provisions of this Charter.
At any meeting after the passage of the appropriation ordinance, the council by a vote of four of its members may amend such ordinance, so as to authorize the transfer of unused balances appropriated for any purpose, including the emergency fund, to another purpose, or to appropriate available revenue not included in the annual budget.
Sec. 61 Board of equalization.
Each year the council shall appoint three of its members who shall act as a board of equalization, which board shall meet on the second and third Mondays in August at 11:00 o’clock in the forenoon, and on such other days during said month as may be necessary or desirable, for the purpose of equalizing assessments. Said board of equalization shall have power to hear complaints and to correct, modify, strike out, lower or raise any assessment; provided, that at least five days’ notice shall be given to the party whose assessment is to be changed. The city clerk shall act as secretary of such board and it shall be the duty of such secretary to keep permanent records of all proceedings, and to enter therein all resolutions and decisions of the board.
Sec. 62 Annual tax levy.
The council must finally adopt, not later than the first Tuesday in September, an ordinance levying upon the assessed valuation of the property in the city, subject to the provisions of this Charter, a rate of taxation upon each hundred dollars of valuation sufficient to raise the amounts estimated to be required in the annual budget, less the amount estimated to be received from fines, licenses, and other sources of revenue. They shall then deliver the assessment roll to the auditor who shall compute and carry out the amount of the tax so levied upon each parcel of property contained in said assessment roll. The corrected list for each tax shall be the assessment roll of said tax for said year, and it shall be certified by the auditor as being the assessment roll of said tax; provided, however, that within five years of the final date of adoption of this Charter there shall be an appraisal by an expert of all real property and improvements in the City of Petaluma for assessment purposes.
Sec. 63 Limit of tax levy.
During the month of September of each year, the council shall levy such a tax as may be necessary to raise revenue for the maintenance of the city and the several departments during the fiscal year, but such levy, for all municipal purposes, except for the payment of interest and principal on the bonded debt, shall not exceed the sum of one dollar and fifty cents for each one hundred dollars of assessed valuation as the same appears upon the assessment roll.
63.5 Utility users tax prohibited.
Neither the city council of the City of Petaluma nor any of its officers, agents or employees shall levy, impose or collect a tax upon the use in the City of Petaluma by anyresidential user, business user, industrial user or any other user, of telephone communication services whether intrastate or interstate, electrical energy, gas, water, garbage, cable television or any other use of utilities by residents of Petaluma. (Reso. No. 88-185, N.C.S., 7-588; Reso. No. 88-390, N.C.S., 12-19-88)
Sec. 64 Office and duties of the city clerk and auditor.
The city clerk and auditor shall be appointed by the city council and shall serve at its pleasure. Payments by the city shall be made only upon vouchers certified by the head of the appropriate department and approved by the city manager, by means of warrants on the city treasury issued by the auditor and countersigned by the city manager or by means of checks signed by the auditor and countersigned by the city treasurer. The auditor shall examine all payrolls, bills and other claims and demands against the city, and shall issue no warrant or check for payment unless he finds the claim is in proper form, correctly computed and duly certified; that it is justly and legally due and payable; that a budget appropriation has been made therefor which has not been exhausted, or that the payment has been otherwise legally authorized; and that there is money in the city treasury to make payment. (Reso. No. 101, ch. 204, 623-51; Reso. No. 1, 6-13-61.)
Sec. 65 Disposition of money collected.
Every officer authorized to charge a fee, commission or percentage by way of compensation shall make a written report to the council monthly of all moneys so received by them. All moneys collected for the city by any officer or department thereof shall be paid into the treasury daily, if possible, and at least once each week.
Article X. Public Work and Supplies
Sec. 66 Form of contracts.
All contracts shall be drawn under the supervision of the city attorney.. All contracts must be in writing, executed in the name of the City of Petaluma by an officer or officers authorized to sign same, and must be countersigned by the auditor, who shall number and register the same in a book kept for that purpose.
Sec. 67 Progressive payments on contracts.
Any contract may provide for progressive payments, if in the ordinance authorizing or ordering the work permission is given for such a contract. But no progressive payments can be provided for or made at any time which, with prior payments, if there have been such, shall exceed in amount at that time ninety percent of the value of the labor done and the materials used up to that time, and no contract shall provide for or authorize or permit the payment of more than ninety percent of the contract price before the completion of the work done under said contract and the acceptance thereof by the proper officer, department or board. (Reso. No. 4598, N.C.S., 8-15-66, ß1.)
Sec. 68 Public work and purchases to be done and made by contract.
The erection, improvement and repair of all public buildings and works, shall be done by contract or may be done under the supervision of the city council by the city work force. In all said work to be done by contract and in furnishing or purchasing any supplies and/or material for the same or for any other use by the city, when the expenditure required for the same exceeds the sum of $15,000.00, subject to annual adjustment up or down in conformance with the Consumer Price Index, the contract therefor shall be awarded to the lowest responsible bidder pursuant to procedures established by ordinance adopted by the city council. (State Legislature Charter ch. 6, 2-6-95: Reso. No. 4598 N.C.S., 8-1566, ß1; Reso. No. 101, ch. 204, 6-23-51.)
Sec. 69 Advertising.
The council shall let, annually, contracts for the official advertising for the ensuing fiscal year. For this purpose the council shall advertise once in the official newspaper, atleast five days before award of contract, setting forth distinctly and specifically the work contemplated to be done and ask for sealed proposals therefor. The proposal shall specify the type and spacing to be used at the rates named in the bids. If there be but one newspaper printed and published in the city then and in that event the advertisement for the sealed proposals required hereunder shall not be required and the contract for services required may be negotiated. If at the time of awarding the contract for the official advertising, there are no Charter or ordinance provisions requiring publication more frequently than once each week of any ordinance, resolution, regulation, or advertisement of, or proceedings by the city, or any body or official thereof, the council shall let the contract for such official advertising to the lowest responsible bidder printing and publishing a daily or weekly newspaper in the city. If, however at such time there is any Charter or ordinance requiring publication more frequently than once each week of any ordinance, resolution, regulation, or advertisement of, or proceedings by the city, or any body or official thereof, the council shall let the contract for such official advertising to the lowest responsible bidder printing and publishing a daily or weekly newspaper in the city.
In order to qualify as the official newspaper of the city, such newspaper shall be of general circulation and have been in existence at the time of the awarding of the contract at least one year. The council may reject any and all bids if found excessive and advertise for new bids.
The newspaper to which such award of advertising is made shall be known and designated as the official newspaper.
Nothing herein contained shall prevent the city or any body or officer thereof from causing any ordinance, resolution, regulation, or advertisement of, or proceeding by said city to be published in a newspaper in the city, in addition to the official newspaper, if such body or officer determines that such additional publication is necessary or proper. (Reso. No. 101, ch. 204, 6-23-51; Reso. No. 1, 6-13-61.)
Sec. 70 Contracts for lighting.
No contract for lighting streets, public buildings, places or offices shall be made for a longer period than five years. All contracts for said purpose or purposes must contain a provision that the rate shall not, during the existence of said contract, be in excess of the minimum rate or rates established for the inhabitants of the City of Petaluma.
Sec. 71 Contracts for water.
No contract for supplying water for the use of the municipality in any of its departments shall be valid wherein the rates exceed those charged to other consumers.
Sec. 72 Hours of labor.
The maximum time of labor or service required of any laborer, workman or mechanic employed upon any municipal work, whether so employed directly by the city and its officers or by a contractor or subcontractor, shall be eight hours during one calendar day.
Sec. 73 Collusion with bidder.
Any officer of the city, or any department thereof, who shall aid or assist a bidder in securing a contract to furnish labor, material or supplies at a higher price than that proposed by any other bidder, or who shall favor one bidder over another by giving or withholding information, or who shall wilfully mislead any bidder in regard to the character of the material or supplies called for, or who shall knowingly accept materials or supplies of a quality inferior to those called for by the contract, or who shall knowingly certify to a greateramount of labor performed than has been actually performed, or to the receipt of a greater amount or different kind of material or supplies than has been actually received, shall be deemed guilty of malfeasance and shall be removed from office.
Sec. 74 Collusion by bidder.
If at any time it shall be found that the person to whom a contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties for the purpose of preventing any other bid being made, then the contract so awarded shall be null and void, and the council shall advertise for a new contract for said work, or provide for such public work to be done by the department of public works.
Article XI. Franchises
Sec. 75 Procedure; terms.
The council may by ordinance provide a procedure for the granting of franchises or leases or grant franchises pursuant to the procedure provided by the state law. Franchises or leases may be granted for the use of the streets, public places or property of the city upon such terms, conditions, restrictions and limitations as may be prescribed by ordinance, but no franchise or lease shall be granted without reserving to the city adequate compensation for the privilege conferred. Franchises or leases may be granted for a period of fifty years with the option to renew for an additional twenty-five years. No franchises or leases shall be granted for a longer period than herein specified except that franchises or leases granted to a public utility may be granted for a longer period. provided there is reserved to the city the right to take over at any time the portion of such utility located within the city without compensation for the value of franchise or lease granted. (1-22-63.)
Article XII. Initiative and Referendum and Recall
Sec. 76 Initiative.
Ordinances may be enacted by and for this city pursuant to and by compliance with the proceedings and provisions set forth under Division 4, Chapter 3, Article I of the Elections Code of the State of California, and any amendments thereto. (Reso. No. 105, ch. 183, 7-2-49.)
76A Referendum.
No ordinance shall become effective until thirty days after the date of its final passage, except an ordinance calling or otherwiserelating to an election and except an ordinance for the immediate preservation of the public peace, health or safety, which contains a declaration of and the fact constituting its urgency and is passed by a unanimous vote of the members present at the time of such adoption, and except ordinances relating to street improvement proceedings and other ordinances governed by particular provisions of state law prescribing the manner of their passage and adoption.
The adoption of an ordinance may be suspended, reconsidered, submitted to voters and acted upon pursuant to referendum proceedings held under and in compliance with the provisions set forth under Division 4, Chapter 3, Article II of the Election Code of the State of California, and amendments thereto. (Reso. No. 105, ch. 183, 7-2-49; Reso. No. 101, ch. 204, 6-23-51.)
76B Recall.
Elective municipal officers may be recalled pursuant to and by compliance with the provisions set forth under Division 13, Chapter 3 of the Elections Code of the State of California, and amendments thereto. (Reso. No. 105, ch. 183, 7-2-49.)
Article XIII. The Public Schools
Sec. 77 Board of Education.
The control of the public school department of the City of Petaluma, including the whole of Petaluma school districts, shall be vested in a board of education, which shall consist of five members elected from the districts at large. They shall receive no compensation, and their term of office shall be for four years.
Members of the board of education shall be elected by the qualified electors of the districts at the regular municipal election and shall hold office for a term of four years and until their successors are elected and qualified.
The powers and duties of the board of education shall be such as are prescribed by the constitution and laws of the State of California covering city boards of education.
Territory may be annexed to the Petaluma school district under this Charter in the same manner as is provided by state law for the annexation of territory to cities for school purposes.
The board of education shall organize and act as a high school board as provided by the laws of the State of California.
All meetings of the board of education shall be public.
Article XIV. Miscellaneous
Sec. 78 When Charter effective.
Except as otherwise herein provided, this Charter will go into full force and effect upon its adoption by the people and approval by the legislature; and the council in office shall, within sixty days after said approval, appoint a city manager as herein provided.
All elective officers in office at the time this Charter becomes effective shall hold office until the expiration of the terms for which they shall have been elected, and perform the duties of their respective offices in accordance with the provisions of this Charter.
Sec. 79 Existing ordinances continued in force.
All lawful city ordinances, resolutions and regulations in force at the time this Charter takes effect and not inconsistent with the provisions thereof are hereby continued in force until the same shall be duly amended or repealed.
Sec. 80 Violation of Charter or ordinances.
The violation of any provision of this Charter or of any ordinance of the city shall be deemed a misdemeanor and may be prosecuted by the authorities of the city in the name of the people of the State of California, or may be redressed by civil action, at the option of said authorities. Any person sentenced to imprisonment for the violation of a provision of this Charter or of an ordinance may be imprisoned in the city jail, or, if the council by ordinance shall so prescribe, in the county jail of the county in which the City of Petaluma is situated, in which case the expense of such imprisonment shall be a charge in favor of such county against the City of Petaluma.
Sec. 81 Municipal affairs.
The City of Petaluma shall have the right and power to make and enforce all laws and regulations in respect to municipal affairs, subject only to the restrictions and limitations provided in this Charter; provided, however, that nothing herein shall be construed to prevent or restrict the city from exercising or consenting to, and the city is hereby authorized to exercise any and all rights, powers, and privileges heretofore or hereafter granted or prescribed by the general laws of the state.
Article XV3. Arbitration
Sec. 82 Police and Fire Binding Arbitration.
A. Declaration of Policy. It is hereby declared to be the policy of the City of Petaluma that strikes by firefighters and police officers pose an imminent threat to public health and safety and should be prohibited, and that a method should be adopted for peacefully and equitably resolving disputes that might otherwise lead to such strikes.
B. Prohibition Against Strikes. No City of Petaluma police officer or firefighter employee, employee union, association or organization shall, strike or engage in such concerted economic activity against the City of Petaluma. Disputes unresolved by negotiations should be resolved by the arbitration procedure set forth herein. Any such employee who fails to report for work without good and just cause during said negotiations or who aids, abets or encourages strikes, or other such economic activity against the City of Petaluma during such time shall be subject to disciplinary action, including, but not limited to termination from the City of Petaluma employment, subject to the provisions of this Charter, the City’s Personnel Rules and Regulations and lawful procedures.
C. Obligation to Negotiate in Good Faith. The city, through its duly authorized representatives, shall negotiate in good faith with the recognized fire and police department employee organizations on all matters relating to the wages, hours, and other terms and conditions of the city employment, including the establishment of procedures for the resolution of grievances submitted by either employee organization over the interpretation or application of any negotiated agreement including a provision for binding arbitration of those grievances. Unless and until agreement is reached through negotiations between the city and the recognized employee organization for the fire or police department or a determination is made through the arbitration procedure hereinafter provided, no existing benefit or condition of employment for the members of the fire department or police department bargaining unit shall be eliminated or changed.
D. Impasse Resolution Procedures. All disputes or controversies pertaining to wages, hours, or terms and conditions of employment which remain unresolved after good faith negotiations between the city and either the fire or police department employee organization shall be submitted to a three-member board of arbitrators upon the declaration of an impasse by the city or by the recognized employee organization involved in the dispute.
Representatives designated by the city and representatives of the recognized employee organization involved in the dispute, controversy or grievance shall each select one arbitrator to the board of arbitrators within three days after either party has notified the other, in writing, that it desires to proceed to arbitration. The third member of the arbitration board shall be selected by agreement between the two arbitrators selected by the city and the employee organization, and shall serve as the neutral arbitrator and chairman of the board. In the event that the arbitrators selected by the city and the employee organization cannot agree upon the selection of the third arbitrator within ten days from the date that either party has notified the other that it has declared an impasse, then either party may request the State of California Conciliation Service to provide a list of seven persons who are qualified and experienced as labor arbitrators. If the arbitrators selected by the city and the employee organization cannot agree within three days after receipt of such list on one of seven to act as the third arbitrator, they shall alternately strike names from the list of nominees until only one name remains and that person shall then become the third arbitrator and chairman of the arbitration board.
Any arbitration convened pursuant to this article shall be conducted in conformance with, subject to, and governed by Title 9 of Part 3 of the California Code of Civil Procedure.
At the conclusion of the arbitration hearings, the arbitration board shall direct each of the parties to submit, within such time as the board may establish, a last offer of settlement on each of the issues in dispute. The arbitration board shall decide each issue by majority vote by selecting whichever last offer of settlement on that issue it finds most nearly conforms with those factors traditionally taken into consideration in the determination of wages, hours, and other terms and conditions of public and private employment, including, but not limited to, changes in the average consumer price index for goods and services, the wages, hours, and other terms and conditions of employment of other employees performing similar services, and the financial condition of the city and its ability to meet the cost of the award.
After reaching a decision, the arbitration board shall mail or otherwise deliver a true copy of its decision to the parties. The decision of the arbitration board shall not be publicly disclosed and shall not be binding until ten days after it is delivered to the parties. During that ten-day period the parties may meet privately, attempt to resolve their differences, and by mutual agreement amend or modify any of the decisions of the arbitration board. At the conclusion of the ten-day period, which may be extended by mutual agreement between the parties, the decision of the arbitration board together with any amendments or modifications agreed to by the parties shall be publicly disclosed and shall be binding upon the parties. The city and the recognized employee organization shall take whatever action is necessary to carry out and effectuate the award.
The expense of any arbitration convened pursuant to this article, including the fee for the services of the chairman of the arbitration board, shall be borne equally by the parties. All other expenses which the parties may incur individually are to be borne by the party incurring such expenses.
(11-6-90)
Editor’s Note: The Charter consists of Stats. 1947, p. 3719, as amended. Amendments are indicated in the historical citation following the amended section in parentheses.
Editor’s Note: As to taxation generally, see Title 3 of this code.
Editor’s Note: Sections 82 to 89 which comprised article XV, previously Judicial Department and Police Court, were added by Res. No. 105, ch. 183, 7-2-49, and established a police court in the city. These sections were voided by constitutional amendment and are omitted from this volume.