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HomeMy WebLinkAbout1392 ORDINANCE NO. 1392 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF ARCADIA. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. That the City Council of the City of Arcadia hereby proposes that the Charter of the City of Arcadia be amended by amending Articles I through XV to read as follows, commencing on page 1 hereof: -i- 1392 CHARTER CITY OF ARCADIA We, the People of the City of Arcadia, State of California, do ordain and establish this Charter as the organic law of the City under the Constitution of the State. ARTICLE I INCORPORATION AND SUCCESSION Section 100. NAME AND BOUNDARIES. The City of Arcadia, here- inafter termed the City, shall continue to be a municipal corporation under its present name, "City of Arcadia." The boundaries of the City shall be as established at the time this Charter takes effect, or as they may be changed thereafter in the manner authorized by law. Section 101. RIGHTS AND LIABILITIES OF THE CITY. The City shall continue to own, posses~ and control all rights and property of every kind and nature owned, possessed,or controlled by it at the time this Charter takes effect and shall be subject to all its debts, obligations, liabilities, and contracts. Section 102. ORDINANCES, CODES AND OTHER REGULATIONS. All ordinances, codes, resolutions, regulations, or portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent herewith, shall continue in force until they shall have been duly repealed, amended, changed, or superseded by proper authority. Section 103. OFFICERS AND EMPLOYEES. Subject to the provisions of this Charter, the present officers and employees shall continue to perform the duties of their respective offices and employments with- out interruption and for the same compensations and under the same conditions until the election or appointment and qualification of their successors and subject to such removal and control as herein provided. Section 104. EFFECTIVE DATE OF CHARTER. This Charter shall take effect upon its approval by the Legislature of the State of California. ARTICLE II POJorERS OF CITY Section 200. POWERS. The City shall have the power to miiKe and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State of California. It shall also have the power to exercise any and all rights, powers, and privileges heretofore or hereafter established, granted, or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise under the Constitution of the State of California. The enumeration in this Charter of any particular power, duty, or pro- cedure shall not be held to be exclusive of, or any limitation or restriction upon, this general grant of power. The City shall have the power and may act pursuant to procedure established by ordinance or any law of the State. -1- Section 201. INTERGOVERNMENTAL RELATIONS. The City may exer- cise any of its powers or perform any of its functions jointly, or in cooperation, by contract or otherwise, with anyone or more cities, counties, states, or civil divisions or agencies thereof, or the United States or any agency thereof. ARTICLE III FORM OF GOVERNMENT Section 300. FORM OF GOVERNMENT. The municif,al government established by this Charter shall be known as the 'Council-Manager" form of government. ARTICLE IV THE CITY COUNCIL Section 400. CITY COUNCIL. The City Council, hereinafter termed "Council, " shall consist of five Councilmen elected to office from the City at large in the manner provided in this Charter. The term of office shall be four years. Alternately, and successively, three four-year terms shall be filled at one general municipal election and two four-year terms at the next such election, con- sistent with the sequence of terms of Councilmen existing on the effective date hereof. The term of a Councilman shall commence on the first Tuesday following his election and he shall serve until his successor qualifies. Any ties in voting shall be settled by the casting of lots. Each Councilman in office at the time this Charter takes effect shall continue in office until the end of the term for which he was elected under the previous charter; an appointed Councilman shall continue in office during such time as hereinafter provided. Section 401. ELIGIBILITY. No person shall be eligible to hold the office of Councilman unless he is, and shall have been for at least two years immediately preceding his election or appointment, a legally registered voter and resident of the City. A Councilman who has been elected for two consecutive four-year terms, excluding part or all of any unexpired term, shall not be eligible to hold the office of Councilman again until two years after expiration of the second consecutive term. This section shall apply to Councilmen holding office on the effective date of this Charter. Section 402. COMPENSATION. Compensation for Councilmen is hereby set, and from time to time shall be changed, in accordance with the schedule applicable to the City of Arcadia set forth in the provisions of the Government Code relating to salaries of councilmen in general law cities. Such compensation may be increased or decreased by an affirmative vote of a majority of the voters voting on the proposition at any election. Section 403. VACANCIES. FORFEITURE OF OFFICE. FILLING OF VACANCIES. (a) A vacancy shall exist on the Council, and shall be declared by the Council, if a Councilman resigns, is legally removed other than by recall, dies, or forfeits his office. -2- (b) A Councilman shall forfeit his office if he (1) lacks at any time while holding office any qualification for election pre- scribed by this Charter or by law, (2) violates any provision of this Charter, (3) is convicted of a crime involving moral turpitude, (4) without consent of the Council is absent from all regular Coun- cil meetings for a period of sixty consecutive days and the first regular meeting thereafter, said period to be computed from the last regular Council meeting he attends, (5) or accepts or retains any other elective public office. A declaration by the Council of a vacancy resulting from forfeiture of office shall be subject to judicial review, provided that within two weeks after such declara- tion an appropriate action, or proceeding, for review is filed in a court having jurisdiction of the action or proceeding. During the pendency of any such action or proceeding, anyone appointed by the Council to fill such vacancy shall have all the rights, duties, and powers of a Councilman, and continue in such office as provided here- in unless and until said court rules the declaration of the Council invalid and such ruling has become final. (c) Any vacancy on the Council shall be filled by a majority vote of the remaining Councilmen within thirty days after the vacancy occurs. If more than one vacancy exists, successive appointments shall be made, and each appointee shall participate in any succeeding appointment. If the Council fails, for any reason, to fill such vacancy within said thirty-day period, it shall forthwith call an election for the earliest possible date to fill such vacancy. A person appointed by the Council to fill a vacancy shall hold office until the next general municipal election and until his successor qualiftes; provided upon the occurrence of a second vacancy more than one year prior to the next general municipal election at a time an appointee is holding office, a special election shall be held forthwtth to fill any vacancy and any office held by an appointee. At said election, Councilmen shall be elected to serve for the re- mainder of the unexpired terms. A Councilman elected to fill a vacancy shall hold office for the remainder of the unexpired term. '(d) The Council shall provide by ordinance or resolution for the continuity of the Council in the event that five vacancies simultaneously exist on the Council. Section 404. MAYOR - MAYOR PRO TEMPORE. By the affirmative votes of not less than three Councilmen, the Council shall elect one of its members as Mayor, and one of its members as Mayor Pro Tempore, upon the following occasions: (a) In even numbered years, at the regular Council meeting held for the purpose of canvassing the results of the general muni- cipal election; and (b) In odd numbered years, meeting held during the month of (c) At such other times as order. at the second April; or a majority of regular Council the Council shall so The Mayor shall preside at Council meetings. He shall be the chief official of the City for all ceremonial purposes. He shall perform such other duties consistent with his office as may be pre- scribed by the Council. The Mayor Pro Tempore shall perform the duties of the Mayor during his absence or disability. Both the Mayor and Mayor Pro Tempore shall have a voice and a vote in all proceedings of the Council. -3- Section 405. POWERS VESTED IN THE COUNCIL. All powers of the City Shall be vested in the Council except as otherwise provided in this Charter. section 406. PROHIBITIONS. (a) HOLDING OTHER OFFICES. No Councilman shall hold any other City office or City employment, and no former Councilman shall hold any compensated City office or City employment until two years after leaving the office of Council- man. (b) INTERFERENCE IN ADMINISTRATIVE SERVICE. Neither the Council nor any of its members shall interfere with the execution by the City Manager of his powers and duties, or order, directly or indirer.t.ly, the appotntmp.nt by the City Manag;er or by Any of the departmertal ofllcers in the adminis trati ve service of the City, of any person to an o1"fil:e or employment 01' !lis removal therefrom. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service under the City Manager solely through the City Manager and neither the Council nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately. Section 407. shall hold regular as it shall fix by meeting falls on a business day. REGULAR MEETINGS OF THE COUNCIL. The Council meetings at least twice each month at such times ordinance or resolution. At any time a regular holiday, such meeting shall be held on the next Section 408. SPECIAL MEETINGS, Special meetings may be called at any time by the Mayor or by three members of the Council by de- livering personally or by mail written notice to each Councilman and to each local newspaper of general circulation, radio, and televi- sion station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be con- sidered at such meeting. Such written notice may be dispensed with as to any Councilman who at or prior to the time the meeting con- venes files with the Clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any Councilman who is actually present at the meeting at the time it convenes. Section 409. ADJOURNED MEETINGS. Any regular, adjourned regular, special, or adjourned special meeting may be adjourned to a time and place specified in the order of adjournment. Any ad- journed regular meeting is a regular meeting for all purposes. Section 410. QUORUM. Subject to other provisions of this Charter, three Councilmen shall constitute a quorum to do business, but a lesser number may adjourn from time to time or compel the attendance of other Councilmen in such a manner and under such penalties as the Council may have provided. Section 411. OPEN MEETINGS. RALPH M. BROWN ACT. All meetings of the Council shall be open to the public, provided the Council may adjourn to an executive session as provided by law. The provisions of the Ralph M. Brown Act, commencing with Section 54950 of the Government Code, shall apply to all meetings of the Council. -4- Section 412. PLACE OF MEETINGS. All Council meetings shall be held in the Council Chamber of the City Hall, or in a place to which any meeting may be adjourned. If, by reason of fire, flood, or other emergency, it shall be unsafe to meet in the Council Chamber, the meetings may be held for the duration of the emergency at a p~a~e designated by the Mayor, or if he should fail to act, by three members of the Council. Section 413. PROCEEDINGS. The Council shall cause the City Clerk to keep a correct record of all its proceedings. The Council may establish rules for the conduct of its proceedings. It may evict any member or other person for disorderly conduct at any of its meetings. Each member of the Council shall have the power to administer oaths and affirmations in any proceeding pending before the Council. The Council shall have the power to compel the atten- dance of witnesses, to examine them under oath, and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City, signed by the Mayor, and be attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify, shall constitute a misdemeanor; the Mayor shall report such dis- obedience to a judge of the Superior Court for further proceedings under the provisions of the Government Code. upon adoption of any ordinance, resolution, or order for pay- ment of money, or upon the demand of any member, the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 414. CITIZEN PARTICIPATION. Any citizen, personally or through counsel, shall have the right to present grievances at any regular meeting of the Council, or offer suggestions for the betterment of municipal affairs. Section 415. ADOPTION OF ORDINANCES AND RESOLUTIONS. With the exceptlon 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. At the time of its introduction an ordinance shall become a part of the proceedings of such meeting in the custody of the City Clerk. At the time of 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 Councilmen present. In the event that any ordinance is altered after its intro- duction, it shall not be finally adopted except at a meeting held not less than five days after the date upon which such ordinance was altered. Correction of a typographical or clerical error shall not constitute an alteration within the meaning of the foregoing sentence. Unless otherwise required by this Charter, the affirmative votes of at least three Councilmen shall be required for the enact- ment of any ordinance or resolution, or for the making or approving of any order for the payment of money. All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk. -5- EMERGENCY ORDINANCES. 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 it is read in full and passed by at least four affirmative votes. Section 416. ORDINANCES. PUBLICATION. The City Clerk shall cause each ordinance to be published at least once in the official newspaper within fifteen days after its adoption. Section 417. ADOPTION OF CODES BY REFERENCE. Detailed regu- lations, pertaining to any subject, when arranged as a comprehensive code may be adopted by reference 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. Subsequent amendments to sec- tions of such code shall be enacted in the same manner as herein re- quired for the enactment of ordinances. Copies of any adopted code of regulations shall be made available for purchase at a reasonable price. Section 418. THE ARCADIA MUNICIPAL CODE. The Arcadia Municipal Code may be amended, repealed, or added to in whole or in part by ordinance. Said Code may be rearranged and renumbered and thereupon adopted by reference in the same manner as set forth in Section 417, above. Section 419. ORDINANCE. WHEN EFFECTIVE. An ordinance shall become effective on the thirty-first day after its adoption, or at any later date specified therein, 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, fixing the rate of taxation, levying the annual tax upon property, or levying any other tax. (d) An emergency ordinance adopted in the manner provided for in this Charter. Section 420. PUBLISHING OF LEGAL NOTICES. In the event that there is more than one newspaper of general circulation in the City, the Council, annually, prior to the beginning of each fiscal year, shall solicit bids and contract for the publication of all legal notices or other matter required to be published in a newspaper of general circulation, during the ensuing fiscal year. If there is only one newspaper of general circulation in the City, then the Council shall have the power to contract with such newspaper for the publishing of such legal notices and other matter without soliciting bids therefor. If the City has a contract with a newspaper of gen- eral circulation in the City, it shall be deemed to be the official newspaper. If there is no newspaper of general circulation in the City, or, if such a newspaper will not contract with the City at rates which do not exceed those charged private persons, and the Council -6- has not designated an official newspaper, then such notices and other matter, and notices required to be published in the official newspaper, shall be published by posting copies thereof at three or more public places in the City as designated by the Council. No defect or irregularity in proceedings taken under this section, or failure to designate an official newspaper, shall invali- date any publication where the same is otherwise in conformity with this Charter or law. ARTICLE V CITY CLERK Section 500. CITY CLERK. There shall be a City Clerk who shall be elected for a term of four years, commencing on the first Tuesday following his election, and who shall serve until his successor qualifies. Section 501. CONTINUATION OF PRESENT CITY CLERK, The City Clerk in office at the time this Charter takes effect, or his suc- cessor, shall continue in office during the term which ,commenced April 16, 1968, and shall serve until his successor qualifies. Section 502. ELIGIBILITY. No person shall be eligible to hold the office of City Clerk unless he is a legally registered voter and resident of the City. The City Clerk shall engage in no other busi- ness or occupation except as may be permitted by the affirmative vote of four members of the Council. Section 503. VACANCIES. FORFEITURE OF OFFICE, FILLING OF VACANCIES. The provisions of Section 403, subdivisions (a) and (b) hereof, relating to vacancies on the Council, shall apply to the office of City Clerk in the same manner as they apply to the office of Councilman. After declaring a vacancy, the Council by a majority vote of its members shall fill such vacancy by appointment. Said appointee shall serve until the expiration of the unexpired term or until the next municipal election, whichever shall first occur. At said election a Clerk shall be elected to serve for the remainder of any unexpired term. Section 504. COMPENSATION, Compensation for the City Clerk shall be set by the Council and shall not be increased or decreased after his election or during his term of office. Section 505. POWERS AND DUTIES, The City Clerk shall: (a) Attend all meetings of the Council and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the Council in books that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk annexed to each document stating that said document is the original or a correct copy, and with respect to an ordinance, stating that said ordinance has been published or posted in accordal~e with this Charter; all of said books shall be properly indexed and open to public inspection when not in actual use. -7- (c) Maintain separate books, in which a record shall be made of all written contracts and official bonds. (d) Be the custodian. of the seal of the City. (e) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. If I Be the City Assessor, if the Council so requires. g Sign all checks, except payroll checks. h Conduct all City elections. i Perform such other duties as may be prescribed by the Council. ARTICLE VI CITY MANAGER Section 600. CITY MANAGER. SELECTION AND QUALIFICATIONS. There shall be a City Manager who shall be the chief administrative officer of the City. The Council shall appoint, by not less than four votes, the person who it believes to be best qualified on the basis of his executive and administrative qualifications, with special reference to his experience in, and his knowledge of, accepted practice in respect to the duties of the office as set forth in this Charter. The City Manager shall engage in no other business or occupation except as may be permitted by the affirmative vote of four members of the Council. He shall establish his residence within the City within ninety days after his appointment, unless such period is ex- tended by the Council, and thereafter maintain his residence within the City during his tenure of office. REMOVAL OF CITY MANAGER. The affirmative vote of a majority of the members of the Council shall be required to remove the City Manager from office, provided the City Manager shall not be removed by the Council within 135 days after a councilmanic election,except by the unanimous vote of the entire Council. Section 601. CITY MANAGER. POWERS AND DUTIES. The City Manager shall be responsible to the Council for the proper adminis- tration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Manager, subject to the provisions of this Charter and any regulations adopted pursuant thereto, shall: (a) Appoint and remove administrative officers, except those appointed by the Council, and when he deems it necessary for the good of the service suspend or remove any employee. (b) Direct and supervise the administration of all departments, offices and agencies of the City. (c) Prepare and submit the annual budget and capital program to the Council, and be responsible for administration of the annual bUdget and capital program after its adoption. (d) Prepare and submit to the Council as of the end of the fiscal year a comprehensive report on the finances and administrative activities of the City for the preceding year. (e) Make such other reports as the Council may require con- cerning the operations of City departments, offices and agencies subject to his direction and supervision. -8- (f) Keep the Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him desirable. (g) Prepare rules and regulations governing the contracting for, purchasing, storing, distribution, and disposal of,all supplies, materials and equipment required by any office, department, or agency of the City government and recommend them to the Council for adoption. (h) See that all laws, provisions of this Charter and acts of the Council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed. (i) Perform such other duties as may be prescribed by the Council. Section 602. CITY MANAGER, MEETINGS, The City Manager shall be accorded a seat at the Council table and at all meetings of boards and commissions and shall be entitled to participate in their deli- berations, but shall not have a vote. Section 603. MANAGER PRO TEMPORE. The City Manager shall appoint, subject to the approval of the Council, one of the other officers of the City to serve as Manager Pro Tempore during any temporary absence or disability of the City Manager. During such absence or disability, the Council may revoke such designation at any time and appoint another officer of the City to serve until the Manager shall return or his disability shall cease, ARTICLE VII OFFICERS AND EMPLOYEES Section 700. ADMINISTRATIVE DEPARTMENTS. (a) Creation of Departments. The Council may establish City departments, offices, or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices, and agencies, except that no function assigned by this Charter to a particular department, office, or agency may be dis- continued or, unless this Charter specifically so provides, assigned to any other. (b) Direction by City Manager. Except as otherwise provided by this Charter, all departments, offices, and agencies under the direction and supervision of the City Manager shall be administered by an officer appointed by and subject to the direction and super- vision of the Manager. With the consent of the Council, the Manager may serve as the departmental administrator of one or more such de- partments, offices, or agencies or may appoint one person as the departmental administrator of two or more of them. (c) Not inconsistent with this Charter, the Council may pro- vide for the number, titles, qualifications, powers, duties, and compensation of all officers and employees. (d) Merit Principle. All appointments and promotions of City officers and employees shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of compe- tence. Section 701. CITY ATTORNEY. POWERS AND DUTIES. There shall be a City Attorney who shall be appointed and subject to removal by a majority vote of the entire Council. Under the administrative direction of the City Manager, he shall serve as chief legal adviser to the Council, the City Manager, and all City departments, offices, and agencies; he shall represent the City in all legal proceedings and shall perform such other duties as may be prescribed by the Council. -9- To become eligible for City Attorney, the person appointed shall be an attorney-at-law duly licensed as such under the laws of the State of California, and shall have been engaged in the practice of law for at least two years prior to his appointment. Section 702. DIRECTOR OF FINANCE. There shall be a Director of Finance who shall: (a) Have charge of the administration of the financial affairs of the City under the direction of the City Manager. (b) Compile the budget expense and income estimates and supply data for the Capital Program as requested by the City Manager. (c) Maintain a general accounting system for the City govern- ment and each of its offices, departments, and agencies. (d) Supervise and be responsible for the disbursement of all moneys and have control of all expenditures to insure that budget appropriations are not exceeded; audit all purchase orders before issuance; audit and approve before payment, all bills, invoices, payrolls, demands or charges against the City government and, with the advice of the City Attorney, when necessary, determine the regu- larity, legality, and correctness of such claims, demands, or charges. (e) Supervise the collection, receipt, and the deposit of all moneys payable to the City in a depository designated by the Council or by the City Manager, if the Council has not acted, and in com- pliance with all applicable laws. (f) Submit to the Council through the City Manager a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City; and, as of the end of each fiscal year, submit a complete financial statement and report. (g) Supervise the keeping of current inventories of all prop- erty of the City by all City departments, offices, and agencies. (h) Perform such other duties as may be prescribed by the Council. TREASURER. There shall be a Treasurer in the Department of Finance who shall be appointed and may be removed by the Director of Finance subject to the approval of the City Manager. The Treasurer shall perform those duties required by law, assigned by the Director of Finance, and those provided by ordinance or reso- lution. Section 703. PLANNING DIRECTOR. There shall be a Director of Planning who shall: (a) Advise the City Manager on any matter affecting the physi- cal development of the City. (b) Formulate and recommend to the City Manager a general plan and modifications thereof. (c) Review and make recommendations regarding proposed Council action implementing the general plan. (d) Participate in the preparation and revision of the Capital Program. (e) Advise the City Planning Commission in the exercise of its responsibilities and in connection therewith provide necessary staff assistance. (f) Perform such other duties as may be prescribed by the Council. -10- ~ Section 704. DEPARTMENTAL ADMINISTRATORS. APPOINTIVE POWERS. Each departmental administrator shall have the power to appoint, supervise, suspend, or remove such assistants, deputies, subordinates, and employees as are provided for by the Council for his department, subject to approval of the City Manager and subject to the civil service provisions of this Charter and the rules and regulations promulgated hereunder. Section 705. PERSONAL FINANCIAL INTEREST. Except as permitted by the Government Code, any City officer or employee who has a financial interest in any contract with the City or in the sale of any land, materials, supplies, or services to the City or to a con- tractor supplying the City shall make known that interest and shall refrain from voting upon or otherwise participating in his capacity as a City officer or employee in the making of such sale or in the making or performance of such contract. Any City officer or employee who willfully conceals such a financial interest or willfully vio- lates the requirements of this section shall be guilty of malfeasance in office or position and shall forfeit his office or position. Vio- lation of this section with the knowledge, express or implied, of the person or corporation contracting with or making a sale to the City shall render the contract or sale voidable by the City Manager or the Council. Section 706. ADMINISTERING OATHS. Each departmental adminis- trator and such of his deputies as he may designate shall have the power to administer oaths and affirmations in connection with any official business pertaining to his department. Section 707. ACCEPTANCE OF OTHER OFFICE. Any administrative officer or any employee of the City who shall accept or retain any elective public office shall be deemed thereby to have resigned from his office or employment under the City government. Section 708. NEPOTISM. The Council shall not appoint to a salaried position in the City government any person who is a relative by blood or marriage within the third degree of any member of the Council, nor shall any administrative officer or other officer having appointive power appoint any relative of his within such degree to any such position. Section 709. OFFICIAL BONDS. The Council shall fix by ordi- nance or resolution the amounts and terms of the official bonds of all officers or employees who are required by ordinance or reso- lution to give such bonds. All bonds shall be executed by a respon- sible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. There shall be no personal liability upon, or any right to recover against,a superior officer, or his bond, for any wrongful act or omission of his subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission. -11- ARTICLE VIII BOARDS AND COMMISSIONS Section 800. IN GENERAL. There shall be the following boards and commissions which shall have the powers and duties set forth in this Charter and by ordinance not inconsistent with this Charter; Planning Commission Personnel Board Library Board of Trustees Recreation and Parks Commission In addition, the Council may create by ordinance such other boards or commissions as in its judgment are required and may grant to them such powers and duties as are not inconsistent with the provisions of this Charter. Section 801. APPROPRIATIONS. The Council shall include in its annual budget such appropriations of funds as the Council shall de- termine to be sufficient for the efficient and proper functioning of boards and commissions. Section 802. APPOINTMENTS. TERMS. The number of members of boards and commissions shall be specified by the Council. Except as hereafter provided, each member of each board or commission shall be appointed for a term of four years and shall serve until his suc- cessor qualifies; he shall be subject to removal by motion of the Council adopted by at least three affirmative votes. In the event an incumbent is removed or otherwise vacates his office, his successor shall be appointed for the unexpired term of said office. The mem- bers thereof shall be appointed from the legally registered voters of the City, and shall not hold any other City office or employment. A member who has held office on the same board or commission for two consecutive four-year terms, excluding part or all of any unexpired term, shall not be eligible to hold office on such board or commission until two years after the expiration of the second consecutive term. Section 803. EXISTING BOARDS. 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 are appointed and qualify. Section 804. MEETINGS. CHAIRMEN. As soon as practicable, following the first day of July of every year, each of such boards and commissions shall organize by electing one of its members as presiding officer, and another as chairman pro tempore, to serve at the pleasure of such board or commission. Each board or commission shall hold regular meetings as the Council may require, and such special meetings as otherwise may be necessary. The provisions of Section 411, hereof, relating to the Ralph M. Brown Ac~ shall apply to all meetings of boards and commissions and, subject to the pro- visions of said Act, all meetings shall be open to the public. The affirmative vote of a majority of the entire membership of such board or commission shall be necessary for it to take any action except to adjourn. -12- The City Manager may designate a City employee for the recording of minutes for each of such boards and commissions, who shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own procedures and rules of operation which shall be kept on file in the office of the City Clerk where they shall be available for public inspection. Subject to any regulations and procedures established by the Council, each board or commission shall have the power to compel the attendance of witnesses, to ex- amine them under oath, to compel the production of evidence before it,and to administer oaths and affirmations. Disobedience of any subpoena, or refusal to testify shall be a misdemeanor and such conduct shall be reported to the Mayor and procedures may be taken pursuant to Section 413, hereof. , Section 805. 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 in 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 appoint- ment 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 con- secutive regular meetings of such board or commission, unless by permission of such board or commission expressed in its official minutes, is convicted of a crime involving moral turpitude, ceases to be a legally registered voter of the City, or files or causes to be filed nomination papers with the City Clerk for elective City office, his office shall become vacant and shall be so declared by the Council. Section 806. PLANNING COMMISSION. There shall be a City Plan- ning Commission which shall make recommendations to the City Manager and the Council on all matters affecting the physical development of the City, shall be consulted on the general plan and the imple- mentation thereof, and shall perform such other duties as may be prescribed by the Council. Section 807. GENERAL PLAN. (a) Content. The Council shall adopt, and may from time to time modify, a general plan setting forth in graphic and textual form policies to govern the future physical development of the City. Such plan may cover the entire City and all of its functions and services or may consist of a combination of plans governing specific functions and services or specific geographic areas which together cover the entire City and all of its functions and services. (b) Effect. The general plan shall serve as a guide to all future Council action concerning land use, development regulations, and expenditures for capital improvements. Section 808. PERSONNEL BOARD. POWERS AND DUTIES. be a Personnel Board which shall: (a) Recommend to the Council, after a the adoption, amendment, or repeal of Civil lations. There shall public hearing thereon, Service rules and regu- -13- (b) Act in an advisory capacity to the Council on problems concerning personnel administration. (c) Hear appeals of any person in the Classified Service relative to any suspension, demotion, or dismissal. (d) Make any investigation which it may consider desirable concerning the administration of personnel in the municipal service and report its findings to the Council and City Manager. (e) Perform such other duties as may be prescribed by the Council. Section 809. LIBRARY BOARD OF TRUSTEES. POWERS AND DUTIES. There shall be a Library Board of Trustees which shall: (a) Administer and operate the City libraries. (b) Establish and enforce such by-laws, procedures,and rules of operation as may be necessary for, and make all purchases and other contracts in connection with, the administration, government, and protection of the City libraries and shall designate its own Secretary. (c) Appoint and remove the Librarian, who shall be the depart- mental administrator, and pass upon and approve all proposed appoint- ments and removals by the Librarian. (d) Subject to the approval of the Council, accept money, personal property, or real estate donated to the City for library purposes. (e) Subject to the approval of the Council, contract with schools, county or other governmental agencies to render or receive library services or facilities. Section 810. RECREATION AND PARKS COMMISSION. POWERS AND DUTIES. There shall be a Recreation and Parks Commission which shall: (a) Act in an advisory capacity to the City Council in all matters pertaining to community recreation and parks. (b) Perform such other duties as may be prescribed by the Council. A contract between the City and another agency relating to com- munity recreation or parks may provide for membership on the commis- sion of representatives of such agency during the existence of the contract. . ARTICLE IX CIVIL SERVICE Section 900. EXISTING CIVIL SERVICE SYSTEM. To the extent that existing Civil Service ordinances and rules and regulations of the City are not in conflict with this Charter, they are continued in full force and effect, and to the extent that they are in con- flict they are hereby repealed. Section 901. UNCLASSIFIED AND CLASSIFIED SERVICE. The Civil Service of the City shall be divided into the Unclassified and the Classified Service. (a) The Unclassified Service shall comprise the following officers and positions: 1. Councilman. 2. City Manager, City Attorney, City Clerk, Chief of Police, and Fire Chief. Assistants, deputies, and clerical and stenographic employees authorized for said departmental administrators and designated oy the Council to be in the Unclassified Service. -14- 3. All other departmental administrators. 4. City Manager Pro Tempore 5. Personnel Director 6. The Librarian and all employees of the Library Department. 7. All members of boards and commissions. 8. Positions in any class or grade created for a special or temporary purpose and for a period of not exceeding one hundred eighty days in anyone calendar year. 9. Persons employed to render professional, scientific, technical, or expert service of an occasional and exceptional character. 10. Part-time employees. (b) The Classified Service shall comprise all positions not specifically included by this section in the Unclassified Service. (c) There shall be a Personnel Representative, who shall be in the Classified Service and whose duties may be combined with those of any other employee in the 'Classified Service. Section 902. APPOINTMENTS FROM CLASSIFIED SERVICE POSITIONS. In the event an employee of the City holding a position in the Class- ified Service is appointed to a position in the Unclassified Service, and should thereafter within one year be removed or resign therefrom, he shall revert to his former position in the Classified Service upon the same terms and conditions as if he had remained in said position continuously. Section 903. RECRUITMENT. Examinations of applicants for positions in the Classified Service shall fairly test the relative capacity of the applicants to discharge the duties of the positions to which they seek to be appointed. Applicants must be citizens of the United States. . Section 904. SUSPENSION. DEMOTION AND DISMISSAL. and officers having appointive power are vested with the exercise the disciplinary and removal powers provided in The Boards right to this section. An employee holding a position in the Classified Service shall be subject to suspension without pay for a period not exceeding thirty days in anyone calendar year, to demotion, or to removal from his position, but subject in each case to the right of the employee, other than one serving a probationary period, to a hearing before the Personnel Board in the manner set forth herein. Such employee shall be entitled to receive upon his request, at the office of the board or officer taking such action, a written statement in which shall be separately stated each of the charges against him upon which such suspension, demotion, or removal is based, a copy of which statement shall be furnished to the City Clerk for delivery to the Personnel Board. Such statement shall be furnished such employee within two business days after his request therefor, which request must be filed in the office of the City. Clerk within ten days after he has been notified of such demotion, removal, or suspension. If such employee is absent from work, he shall be deemed to be so notified when such notice is mailed to his last -15- address on file with the City by registered mail. thirty days after receipt of such statement within with the City Clerk an answer to such statement of he desire to do so. He 'shall have which to file charges should In his answer, or otherwise if no statement of charges has been made available to him as required, such employee may request a hearing by the Personnel Board to review such suspension, demotion, or removal, which hearing shall be called and held as provided for in the rules and regulations. Within thirty days from such notifi- cation such answer, or request for a hearing, shall be filed in the office of the City Clerk for delivery to the Personnel Board. Hear- ings may be conducted informally and the rules of evidence need not apply. The Personnel Board shall make written findings which shall state as to each charge whether or not such charge is sustained. Such Board shall also set forth in writing its conclusions and recommendations based upon such findings and, within ten days after concluding the hearing, it shall certify its findings, conclusions, and recommendations to the City Manager, the officer from whose action the appeal was taken, and the Council. The recommendations of the Personnel Board shall be advisory only. The City Manager shall make a final decision with respect to such recommendations and his decision shall be final and conclusive and no further appeal shall be taken therefrom. Where an appeal is taken to the Personnel Board from an order of dismissal, the vacancy in the position shall be considered a temporary vacancy pending final action by the Personnel Board and may be filled only by a temporary appointment. Section 905. POLITICAL ACTIVITIES PROHIBITED. Any City employee upon becoming a candidate for public office shall be required to take and be granted a leave of absence without pay to remain in effect during the period of time such person is a candidate. No City employee shall take any part in any political campaign while in a uniform bearing the insignia or name of the City of Arcadia. No person shall use the administrative offices and facili- ties of the City for the purpose of furthering a political campaign for public office. Section 906. PROHIBITIONS. GENERAL. (a) No person shall be appointed, removed, favored, or dis- criminated against with respect to any City position or office because of race, sex, political or religious opinions or affilia- tions . (b) No person shall willfully make any false statement, cer- tificate, mark, rating, or report in regard to any test, certifica- tion, or appointment under the personnel provisions of this Charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules, and regulations. -16- (c) No person who seeks appointment or promotion with respect to any City position or office shall directly or indirectly give, render, or payor offer to give, render, or pay any money, service, or other valuable thing to any person for or in connection with his test, appointment, proposed appointment, promotion, or proposed promotion. (d) In addition to the penalties provided in Section 1501 of this Charter, any person who by himself or with another willfully violates any provisions of subdivision (b) and (c) of this section shall, upon conviction thereof, be ineligible for a period of five years for employment in the City service and shall immediately for- feit his office or position if he be an officer or employee of the City. ARTICLE X RETIRMENT Section 1000. PUBLIC EMPLOYEES RETIREMENT SYSTEM. Plenary authority and power are hereby vested in the City, its Council and its several officers, agents, and employees to do and perform any act, or exercise any authority granted, permitted, or required under the provisions of the Public Employees' Retirement Law, as it now exists or hereafter may be amended, to enable the City to continue as a contracting City under said Retirement System. The Council may terminate any such contract with the Board of Administration of the Public Employees' Retirement System only under authority granted by ordinance adopted by a majority vote of the legally registered voters of the City, voting on such proposition at an election at which such proposal is presented. ARTICLE XI ELECTIONS Section 1100. GENERAL MUNICIPAL ELECTIONS. General municipal elections for the election of officers and for such other purposes as the Council may prescribe shall be held in the City on the second Tuesday in April in each even numbered year. Section 1101. SPECIAL MUNICIPAL ELECTIONS. Other municipal elections shall be known as special municipal elections. Section 1102. PROCEDURE FOR HOLDING ELECTIONS. Unless other- wise provided by ordinance hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as it exists or is amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter. Section 1103. INITIATIVE, REFERENDUM, AND RECALL. There are hereby reserved to the voters of the City the powers of the initia- tive and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California, as it exists or is amended, governing the initiative and referendum and the recall of municipal officers shall apply so far as the same are not in conflict with this Charter. -17- ARTICLE XII FISCAL ADMINISTRATION Section 1200. FISCAL YEAR. The fiscal year of the City government shall begin on the first day of July of each year and end on the thirtieth day of June of the following year. The Council may by ordinance change the fiscal year. Section 1201. SUBMISSION OF BUDGET AND BUDGET MESSAGE. On or before the twenty-fifth day of May of each year, or at such other time as the Council may prescribe, the Manager shall submit to the Council a budget for the ensuing fiscal year and an accompanying message. The Manager's message shall explain the budget both in fiscal terms and in terms of the work programs. It shall outline the proposed financial policies of the City for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, summarize the City's debt position, and include such other material as the Manager deems desirable. Section 1202. BUDGET. The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the Manager deems desirable or the Council may require. In organizing the budget the Manager shall utilize the most feasible combination of expenditure classification by fund, organization unit, program, purpose or activity, and object. It shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed prop- erty tax levy, and all proposed expenditures, including debt ser- vice, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expen~ ditures of the preceding fiscal year. It shall indicate in separate sections: (a) Proposed expenditures for current operations during the ensuing fiscal year, detailed by offices, departments, and agencies in terms of their respective work programs, and the method of financing such expenditures; (b) Proposed capital expenditures during the ensuing fiscal year, detailed by offices, departments, and agencies when practi- cable, and the proposed method of financing each such capital expenditure; and (c) Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by the City and the proposed method of its disposition. The total of proposed expenditures shall not exceed the total of estimated income plus available reserves. Section 1203. CAPITAL PROGRAM. As used in this section a capital improvement shall mean an improvement with an estimated cost in excess of $10,000 and a probable life in excess of ten years. -18- (a) Submission to Council. The Manager shall prepare and sub- mit to the Council a five-year capital program at least three months prior to the final date for submission of the budget. (b) Contents. The capital program shall include: 1. A clear general summary of its contents; 2. A list of all capital improvements which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements; 3. Cost estimates, method of financing and recom- mended time schedules for each such improvement; and 4. The estimated annual cost of operating and main- taining the facilities to be constructed or acquired. The above information may be revised and extended each year with regard to capital improvements still pending or in process of con- struction or acquisition. Section 1204. COUNCIL ACTION ON BUDGET. (a) Notice and Hearing. The Council shall publish in the official newspaper a general summary of the budget and a notice stating: 1. The times and places where copies of the message and budget are available for inspection by the public, and 2. The time and place, not less than ten days after such publication, for a public hearing on the budget. (b) Further Consideration and Adoption. After the conclusion of the public hearing the Council shall further consider the proposed budget and make any revision thereof that it may deem advisable and on or before July 1 it shall adopt the budget. Adoption of the bud- get shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated. If it fails to adopt the budget by said date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items in it pro- rated accordingly, until such time as the Council adopts a budget for the ensuing fiscal year. Section 1205. COUNCIL ACTION ON CAPITAL PROGRAM. (a) Notice and Hearing. The Council shall publish in the official newspaper a general summary of the capital program and a notice stating: 1. The times and places where copies of the capital program are available for inspection by the public, and 2. The time and place, not less than ten days after such publication, for a pUblic hearing on the capital program. (b) Adoption. The Council by resolution shall adopt the capital program with or without amendment after the public hearing and on or before the thirty-first day of March of each year, or at such other time as the Council may designate. Section 1206. PUBLIC RECORDS. capital program as adopted shall be available to the public at suitable Copies of the budget and the public records and shall be made places in the City. -~- Section 1207, AMENDMENTS AFTER ADOPTION, (a) Supplemental Appropriations. If during the fiscal year the Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Council by resolution may make supplemental appropriations for the year up to the amount of such excess. (b) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the Manager that the revenues available will be insufficient to meet the amount appropriated, he shall report to the Council without delay, indicating the estimated amount of the deficit, any remedial action taken by him and his recommendations as to any other steps to be taken. The Council shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may by resolution reduce one or more appropriations. (c) Transfer of Appropriations. At any time during the fiscal year the Manager may transfer part or all of any unencumbered appro- priation balance among programs within a department, office, or agency and, upon written request by the Manager, the Council may by resolution transfer part or all of any unencumbered appropriation balance from one department, office, or agency to another. (d) Limitations; Effective Date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental appropriations and reduction or transfer of appropria- tions authorized by this section may be made effective immediately upon adoption. Section 1208. LAPSE OF APPROPRIATIONS, Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropria- tion shall be deemed abandoned if three years pass without any dis- bursement from or encumbrance of the appropriation. Section 1209. TAX LIMITS, (a) The Council shall not levy a property tax, for municipal purposes, in excess of One Dollar and Thirty Cents annually on each One Hundred Dollars of the assessed value of taxable property in the City, except as otherwise provided in this section, unless authorized by the affirmative votes of a majority of the voters voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the voters. The number of years that such addi- tional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes, if no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities of the City for principal and interest of all bonds or judgments due and unpaid, or to become due during the ensuing fiscal year, which constitute general obligations of the City; and -20- 2. A tax sufficient to meet all obligations of the City to the Public Employees Retirement System for the retirement of City employees, due and unpaid or to become due during the ensuing fiscal year. Section 1210. TAX PROCEDURE. The procedure for the assessment, levy, and collection of taxes upon property, taxable for municipal purposes, may be prescribed by ordinance of the Council. Section 1211. BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of fifteen percent of the total assessed value, for purposes of City taxation, of all taxable real and personal property within the City. No bonded indebtedness which shall constitute a general obliga- tion of the City may be created unless authorized by the affirmative votes of two-thirds of the voters voting on such proposition at any election at which the question is submitted to the voters and unless in compliance with the provisions of the State Constitution and of this Charter. Section 1212. CONTRACTS ON PUBLIC WORKS. Every project in- volving an expenditure of more than Six Thousand Dollars for the construction, improvement, repair, or maintenance of public works shall be let by the Council by contract to the lowest responsible bidder after notice by publication in the official newspaper by one or more insertions, the first of which shall be at least ten days before the time for opening bids. Projects for the maintenance or repair of public works are excepted from the requirements of this paragraph if the Council determines that such work can be performed more economically by a City department than by contracting for the doing of such work. The Council may reject any and all bids presented and may re- advertise in its discretion. The Council, after rejecting bids, or if no bids are received, may declare and determine that, in its opinion, based on estimates approved by the City Manager, the work in question may be performed better or more economically by the City with its own employees and after the adoption of a resolution to this effect by at least four affirmative votes of the Council may proceed to have said work done, without further observance of the provisions of this section. Such contracts may be let and such purchases made without advertising for bids, if such work shall be deemed by the Council to be of urgent necessity for the preservation of life, health, or property, and shall be authorized by resolution passed by at least four affirmative votes of the Council and containing a declara- tion of the facts constituting such urgency. Section 1213. CASH BASIS FUND. The Council shall maintain a revolving fund, to be known as the "Cash Basis Fund," for the pur- pose of placing the payment of the operating expenses of the City -21- on a cash basis. A reserve shall be built up in this fund from any available sources in an amount which the Council deems sufficient with which to meet all lawful demands against the City for the first five months, or other necessary period, of the succeeding fiscal year prior to the receipt of ad valorem tax revenues. Transfers may be made by the Council from such fund to any other fund of such sum as may be required for the purpose of placing such fund on a cash basis. All moneys so transferred from the Cash Basis Fund shall be returned thereto before the end of the fiscal year. Section 1214. PRESENTATION AND AUDIT OF DEMANDS. Any demand against the City must be in writing and may be in the form of a bill, invoice, payroll, or formal demand. Each such demand shall be presented to the Director of Finance, who shall examine the same. If the amount thereof is legally due and there remains on his books an unexhausted balance of an appropriation against which the same may be charged, he shall approve such demand and draw his warrant on the Treasurer therefor, payable out of the proper fund. The Director of Finance shall transmit such demand, with his approval or rejection thereof endorsed thereon, and warrant, if any, to the City Manager. If a demand is one for an item included within an approved budget appropriation, it shall require the approval of the City Manager, otherwise it shall require the approval of the Council, following the adoption by it of an amendment to the budget authorizing such payment. Any person dissatisfied with the refusal of the City Manager to approve any demand, in whole or in part, may present the same to the Council which, after examining into the matter, may approve or disapprove the demand in whole or in part. Section 1215, REGISTERING WARRANTS, Warrants on the Treasurer which are not paid for lack of funds shall be registered. All registered warrants shall be paid in the order of their registration when funds therefor are available and shall bear interest from the date of registration at such rate as shall be fixed by the Council by resolution. Section 1216. CLAIMS AGAINST THE CITY, The Council by ordi- nance may provide for conditions precedent to the commencement of any action or proceeding to bringing suit against the City, its officers and employees, except as the subject is preempted by State law. Section 1217. INDEPENDENT AUDIT, The City Council shall employ at the beginning of each fiscal year, a certified public accountant who shall, at such time or times as may be specified by the City Council, and at such other times as he shall determine, examine the books, records, inventories and reports of all officers and employees who receive, handle, or disburse public funds and all such other officers, employees, or departments as the City Council may direct. As soon as practicable after the end of the fiscal year, a final certified audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed to each member, one to the City Manager, Director of Finance, Treasurer, and City Attorney, respectively, and three additional copies to be placed on file in the office of the City Clerk where they shall be available for inspection by the general public. -22 ARTICLE XIII FRANCHISES Section 1300. GRANTING OF FRANCHISES. The Council may grant a franchise to any person, partnership, corporation, or other legal entity capable of exercisins the privilege conferred, whether operating under an existing franchise or not, and may prescribe the terms, conditions, and limitations of such grant, including the compensation to be paid to the City therefor. The Council may pre- scribe by ordinance or resolution the method or procedure for granting franchises, together with additional terms and conditions for making such grants. In the absence of such provision the method provided by the general laws of the State shall apply. Section 1301. TERM OF FRANCHISE. No franchise shall be granted for a longer period than twenty-five years, unless there be reserved to the City the right to take over at any time the works, plant, and property constructed under the grant at their physical valuation and without compensation for franchise or good will. Section 1302. EMINENT DOMAIN. No franchise or grant of a franchise shall in any way or to any extent impair or affect the right of the City to acquire the property of the possessor thereof by purchase or condemnation, and nothing therein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's right of eminent domain with respect to the property of the possessor of any franchise. Every franchise granted by the City is granted upon the condition, whether expressed in the grant or not, that such franchise shall not be given any value before any court or other public authority in any pro- ceeding of any character in excess of any amount actually paid by the grantee to the City at the time of the grant. Section 1303. PROCEDURE FOR GRANTING FRANCHISES. Before granting any franchise, the City Council shall adopt a resolution declaring its intention to grant same and stating the name of the proposed grantee, the character of the proposed franchise, and the .terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour, and place when and where any person having an interest in or objecting to the granting of such franchise may appear before the Council and be heard thereon. Said resolution shall be published at least once, not less than ten days prior to said hearing, in the official newspaper. After hearing all persons desiring to be heard, the Council may by ordinance deny or grant the franchise on the .terms and conditions specified in the resolution subject to the referendum of the people. No ordinance granting a franchise shall be adopted as an emergency ordinance. ARTICLE XIV BOARD OF EDUCATION Section 1400. ESTABLISHMENT OF A BOARD OF EDUCATION. The control, management, and administration of the public schools of the City of Arcadia and the, territory that is now or may hereafter be annexed thereto for school purposes, in accordance with the Con- stitution and general laws of the State of California, is hereby vested in a Board of Education consisting of five members who shall be voters in the school district; said Board is hereby vested with all the powers and charged with all the duties provided by the laws of the State for city boards of education. -23- Section 1401. TERM OF OFFICE. The members of such Board of Education shal~ be elected from the school district at larrre and o shall hold office for the term of four years, and until their suc- cessors are elected and duly qualified. Section 1402. ELECTION. School board elections shall be held on the third Tuesday of April of each odd numbered year. The mem- bers of such Board of Education holding office at the time this Charter becomes effective shall continue in office for their respec- tive terms of office and until their respective successors are elected and duly qualified as herein provided. The officers of the election for members of the Board of Education shall be compensated for their services as provided by the general laws of the State governing school elections; such compensation and any other expense incurred in the conduct of said election shall be a charge upon the School District and not upon the City. In the preparation of ballots for the election of members of the Board of Education, there shall be printed, stamped, or written the name of each candidate for such office who has officially an- nounced himself sixty days prior to the date of the election by filing or having filed with the Secretary of the Board of Education a written statement signed by him that he is a candidate for the office of member of the Board of Education. In all other matters the election for members of the Board of Education shall be governed by the general law of the State relating to the election of city boards of education. Section 1403. MEETINGS. The members of the Board of Education shall enter upon the discharge of their duties on the first Monday in July after their election, and the Board shall meet upon said day and annually thereafter and organize by electing one of their number President and one of their number Vice-President, whose terms of office shall be one year. They shall hold regular meetings at least once each month, at such time and place as may be determined by their rules. Special meetings may be called by the President or by written request of any three members. A majority of the members shall constitute a quorum. The Board may determine the rules of its proceedings, and the ayes and noes shall be taken and recorded when demanded by any member, and entered on the records of the Board. Any vacancy occurring on the Board shall be filled by the remaining members of the Board, and if there be no members, then by the Council. Section 1404. BOARD SECRETARY. The Board of Education shall, at the first meeting in each school year, or at such other time as shall be fixed by resolution of the Board, appoint a secretary, who mayor may not be one of their own number, and shall prescribe the duties and fix the salary of such secretary. Section 1405. GENERAL LAW APPLICABLE. In all matters not specifically provided for in this Article, the Board of Education shall be governed by the provisions of the general law relating to such matters. -24- ARTICLE XV MISCELLANEOUS Section 1500. DEFINITIONS. Unless the provision or the con- text otherwise requires, as used in this Charter: (a) "Shall" is mandatory, and "may" is r,ermissive. (b) "City" is the City of Arcadia, and 'department," "board," "commission," "agency," "officer," or "employee" is a department, board, commission, agency, officer, or employee, as the case may be, of the City of Arcadia. [C~ "Council" is the City Council of the City. d "Councilman" is a member of the Council. e "Departmental administrator" is the person in charge of a City department. (f) "Government Code" is the California Government Code as it exists upon adoption of this Charter, or is thereafter amended. ~ g~' "Municipal Code" is the Arcadia Municipal Code. h "Law" includes ordinance. i "Officer" is a person holding an elected office, a member of a board or commission, the City Manager, and a departmental administrator in charge of a City department or a person acting in his place. ~j~ "State" is the State of California. k "Voter" is a legally registered voter. 1 The masculine, feminine, and neuter genders shall be interchangeable, as shall be the singular and plural. Section 1501. VIOLATIONS. A violation of this Charter or of any ordinance of the City shall constitute a misdemeanor and may be prosecuted in the name of the People of the State of California or may be redressed by civil action filed by the City. The maximum fine or penalty for any violation of a City ordinance shall be the sum of Five Hundred Dollars, or a term of imprisonment for a period not exceeding six months, or both such fine and imprisonment. Section 1502. VALIDITY. or the application thereof to invalid, the remainder of the provision to other persons or thereby. If any provlslon of this Charter, any person or circumstance is held Charter, and the application of such circumstances, shall not be affected -25- SECTION 2. Said proposed amendment shall be submitted to the voters of the City of Arcadia as required by Section 8 of Article XI of the Constitution of the State of California at a Special Municipal Election to be held in the City of Arcadia not less than forty nor more than sixty days after publication of this ordinance in the official newspaper as required by said Section 8 of Article XI. Said election is not in detail provided for in this ordinance but shall be called, authorized, and provided for by said City Council in the manner provided by law. SECTION 3. This ordinance shall take effect upon adoption. SECTION 4. The City Clerk shall certify to the adoption of this ordinance. I HEREBY CERTIFY that' the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia held on the 20th day of August , 1968, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Arth, Butterworth, Helms and Hage NOES: None ABSENT: Councilman Considine ~~ 2/.>7?7~~ City C er of the City of Arcadia SIGNED AND APPROVED this 20th day of August ,1968. dbi(j(~" ~ " /.- . ATTEST: r~' ~~-,,~ )/I-f4~ Cl Y Clerk' .-:; - , - .' (SEAL) 8-20-68 , ""{ ::'-26- .- ~ 1392