6,173 / 51.6% Yes votes ...... 5,801 / 48.4% No votes

See Also: Index of all Measures

Section 501 is amended to clarify that a candidate for City Council must be a resident of the City when issued nomination papers for the election.

Section 505 is amended to: (1) rename Mayor Pro Tempore to Vice Mayor; (2) set the annual Mayor/Vice Mayor selection in January or as determined by the Council; and (3) delete the provision that allows the Mayor to take command of the City in emergencies.

Section 513 is amended to permit the Council to take legislative action by minute action when an ordinance or resolution is not required, provided the action is recorded in the City Council's official minutes.

Section 520 and Section 1604 (fines for violation of the Municipal Code and Charter) are amended to set the maximum fines consistent with the Government Code for violation of a municipal ordinance. The existing maximum fine of $500 would increase to $1,000, with further adjustments over time as the Government Code may be amended.

Section 706 prohibits City officers or employees from being financially interested in City contracts, similar to the prohibitions of Government Code Section 1090. The existing section includes exceptions to the prohibition not recognized in State law. The amendment eliminates the exceptions and provides that a violation occurs if the activity or contract would violate the Government Code.

Section 711 is amended to require the City Attorney to represent officers or employees in actions or proceedings only when required to do so by law.

Section 903 will be deleted as it is no longer applicable.

Section 905 is amended to redefine when absences of members of City boards and commissions create a vacancy. Currently, three (3) consecutive absences without permission creates a vacancy. This amendment provides that absence from three (3) regular meetings, consecutively or within a calendar quarter, may be declared to create a vacancy by the Council or the Council may, for good cause, determine a vacancy has not been created. A vacancy is also created if a member ceases to be a resident of the City.

Section 1001 is amended to add subordinate attorneys within the City Attorney's Office to the unclassified service category of the City's personnel system. The change makes these positions at-will and applies only to attorneys hired after the effective date of the amendment.

Sections 1204 and 1203 will be merged and renumbered Section 1203. Existing Section 1203 authorizes the Council to grant a franchise without calling for bids. As amended, Section 1203 will require the Council to call for bids before granting a franchise. The existing section provides that a franchise can be granted for an indefinite period or for a fixed term not to exceed twenty-five (25) years. The amendment limits the fixed term to ten (10) years unless the Council makes findings that the franchisee has made a substantial investment in equipment or improvements; however, in no event shall the term exceed twenty-five (25) years.

MICHAEL D. MARTELLO
City Attorney

City of Mountain View

• Live Election Results

We now head into the next century and the City Council and a number of citizens felt it was important to take an additional look at the City Charter. To that end, Council formed a subcommittee which I chaired. The committee conducted its meetings as public sessions and went through the Charter, section by section. Many of the changes were housekeeping in nature such as renaming the Mayor Pro Tempore to Vice Mayor and clarifying that the annual selection of Mayor/Vice Mayor should occur in January, along with the biennial seating of newly elected or re-elected councilmembers.

The amendment increases the maximum fine for violation of City ordinances and the Charter and ties the increase to the maximum fine set by state law; clarifies that residency is a requirement for nomination and election to the Council; and clarifies when absences by members of City boards and commissions create a vacancy.

There are a number of other changes to the Charter that are simple to understand by reading the City Attorney's Impartial Analysis and/or the text of the amendments themselves, which have been printed in the voter pamphlet.

This amendment is worthy of your support and will serve the City well as it moves into the 21st century.

PATRICIA FIGUEROA, Councilmember

As currently written, Section 706 provides, in part, that "(n)o officer or employee of the City shall become financially interested...in any contract, sale, purchase, lease or transfer of real or personal property to which the city is a party..."

The City Council, under the guidance of the City Attorney, Michael D. Martello, is proposing to repeal this prohibition by adding one key phrase: "if such activity or contract would violate the provisions of California Government Code Section 1090, et seq." (a state law).

The reason this change would effectively repeal the Charter provision against conflicts of interest is that the state law does not apply to every contract and contains many exceptions not allowed by our City Charter.

IF VOTERS ARE TRICKED INTO REPEALING SECTION 706, CITY COUNCILMEMBERS WOULD BE FREE TO ENGAGE IN CONFLICTS OF INTEREST THAT WOULD OTHERWISE BE ILLEGAL UNDER THE CITY CHARTER.

Voters must be vigilant - always on the lookout for City Council candidates with potential conflicts of interest: such as former Councilmember Dena Bonnell (Valley Oil Company of Mountain View), incumbent Joseph Kleitman (RISEUP corporation) and D.K. Lu (local developer).

We must keep Section 706 AND learn more about the candidates. Vote NO.

GARY WESLEY
Attorney at Law

The City Charter is the constitution of the City. It defines and limits the powers of the part-time, elected City Councilmembers and the un-elected City Manager and other employees who run city government day-to-day.

The City Charter may only be changed by a vote of the electorate, and voters should be cautious when considering changes proposed by the very officials the Charter is designed to control.

Voters who disagree with any of the proposed changes to the City Charter placed in this one measure may and should vote "no." Indeed, some voters may just vote "no" because the City Council unfairly combined so many changes in one measure.

There isn't space in this opening argument (limited to 300 words) to describe in detail any - let alone all - of the changes proposed. I will say, right now, that one of the most objectionable proposed changes is to Section 706 of the Charter. The City Council is proposing to add a phrase that would, in effect, wipe out the Charter's prohibition against conflicts of interest!

Given the space limitations, I will have to describe more about the proposed change to Section 706 and the other sections of the City Charter in the rebuttal.

GARY WESLEY

The focus of the argument is on the change proposed for Charter Section
706. This change is designed to strengthen the Charter's prohibition on conflicts of interest. The argument against this measure erroneously characterizes this change as one that would weaken the Charter prohibition.

Charter Section 706 is strikingly similar to prohibitions set forth in state law at Government Code Section 1090. What is different about our existing Section 706 is that it contains exceptions to the prohibition not recognized in state law.

The proposed change would eliminate those exceptions and strengthen the law.

We recommend your support for all the changes to the Charter set forth in this measure as an important step in the continued maintenance of the Charter as we head into the next century.

PATRICIA FIGUEROA
Councilmember

NANCY NOE
Councilmember

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.

SEC. 505. Election, powers and duties of mayor, designation of vice mayor.

(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.

SEC. 513. Council action.

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.

SEC. 520. Violation of ordinances; penalty.

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.

SEC. 706. Financial interest in city contracts prohibited.

No officer or employee of the city shall become financially interested except by testate or intestate succession, either directly or indirectly, in any contract, sale, purchase, lease or transfer of real or personal property to which the city is a party, or be employed by any public service corporation regulated by, or holding franchises in the city if such activity or contract would violate the provisions of California Government Code Section 1090, et seq. A willful violation of this provision shall be deemed a misdemeanor. Any contract made in contravention of this section shall be void.

SEC. 711. Powers and duties of city attorney; Eligibility, employment of attorneys to assist, etc., in legal matters.

The city attorney shall have the power and be required to:

(a) Represent and advise the council and all city officers in all matters of law pertaining to their offices.

(b) Represent and appear for the city in any or all actions and proceedings in which the city is concerned or is a party; and represent and appear for any city officer or employee or former city officer or employee for any action arising out of that person's employment or by reason of that person's official capacity as may be required by law.

(c) Attend all meetings of the council and give the city attorney's advice or opinion in writing whenever requested to do so by the council or by any of the boards or officers of the city.

(d) Approve the form of all bonds given to and all contracts made by the city, endorsing the city attorney's approval thereon in writing.

(e) Prepare any and all proposed ordinances or resolutions for the city, and amendments thereto.

(f) Prosecute on behalf of the people all criminal cases for violation of this Charter and of city ordinances.

(g) Perform such other duties consistent with this Charter as may be required of the city attorney by the council.

(h) On vacating the office, surrender to his or her successor all books, papers, files and documents pertaining to the city's affairs.

To become eligible for appointment as city attorney, the appointee shall havebeen admitted to practice as an attorney at law before the Supreme Court of the State of California, and shall have been engaged in the practice of law for at least three years immediately prior to that person's appointment.

The council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the city attorney therein. (As amended June 3,1980.)

SEC. 903. Continuation of existing boards.

[TO BE DELETED IN ITS ENTIRETY]

The members of the boards and commissions holding office when this Charter takes effect shall continue to hold office thereafter until their respective terms of office shall expire and until their successors shall be appointed and qualified. The successors of such members shall be appointed for terms of such duration, not exceeding four years, as will carry into effect the plan for staggered terms prescribed in the preceding section.

SEC. 905. Compensation; Vacancies.

The members of boards and commissions shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the council. Any vacancies on any board or commission, from whatever cause arising, shall be filled by appointment by the council. Upon a vacancy occurring, leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. If a member of a board or commission is absent from three regular meetings of such board or commission, consecutively, or within a calendar quarter, or is convicted of a crime involving moral turpitude, or ceases to be a qualified elector and resident of the city, that office shall become vacant upon the declaration of council. The council may, for good cause, determine that a vacancy has not been created.

SEC. 1001. Unclassified and classified service.

The administrative service of the city shall be divided into unclassified and classified service:

(a) The unclassified service shall comprise the following officers and positions:

(1) All elected
officers.

(2) City manager,
city attorney, city auditor, city clerk, the head of each department and
subordinate attorneys within the city attorney's office hired after the
effective date of this Charter amendment.

(3) All members
of boards and commissions.

(4) Persons employed
as unskilled laborers.

(5) Positions
in any class or grade created for a special or temporary purpose for a
period of not longer than 90 days in any one fiscal year.

(6) Persons employed
to render professional, scientific, technical or expert services of any
occasional or exceptional character.

(7) Volunteer
members of the fire department.

(8) Part-time
employees paid on an hourly or per diem basis.

(b) The classified service shall comprise all positions not specifically included by this section in the unclassified service.

SEC. 1203. Granting of franchise; Term.

(a) The council, after calling for bids, may grant a franchise to any bidder it determines to be a responsible and responsive bidder, provided the grant is not in conflict with the provisions of this article.

(b) Every franchise so granted shall be for either a fixed term or for an indefinite period. If for a fixed term, the franchise shall state the term for which it is granted; however, said fixed term shall not exceed 10 years unless the council makes formal findings that the franchisee has made a substantial investment in equipment or improvements to conduct the franchise that justifies the years in excess of the 10-year limitation. If the franchise is granted for an indefinite term, it shall set forth with particularity the terms and conditions pursuant to which it may be terminated. In no event shall the term of any franchise exceed 25 years.

SEC. 1204. Term of franchise.

[TO BE DELETED IN ITS ENTIRETY]

Every franchise shall be either a fixed term not to exceed twenty-five years, or for an indeterminate period. If for a fixed term, the franchise shall state the term for which it is granted; if indeterminate, it shall set forth the terms and conditions under which it may be terminated.

SEC. 1604. Violations.

The violation of any provision of this Charter shall be deemed a misdemeanor and be punishable upon conviction by a fine the maximum of which shall not exceed the amount permitted by Section 520 of this Charter or by imprisonment for a term not exceeding six months or by both such fine and imprisonment.