HomeMy WebLinkAboutItem b (Study Session) - Proposed Charter Amendments
DATE: May 3, 2022
TO: Honorable Mayor and City Council
FROM: Dominic Lazzaretto, City Manager
By: Michael Bruckner, Deputy City Manager
Michael Maurer, Assistant City Attorney
SUBJECT: REPORT, DISCUSSION, AND DIRECTION REGARDING PROPOSED
CHARTER AMENDMENTS AND BALLOT MEASURES FOR THE
NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION
Recommendation: Provide Direction
SUMMARY
The City is in the process of reviewing and updating its Charter document in order to
ensure it remains relevant and to comply with the spirit and intent of SB 415 and
Ordinance No. 2352, which changed election dates and moved the City to by district
elections. This process will conclude with a Charter Amendment being submitted to the
voters for ratification at the November 8, 2022, general municipal election.
In order to achieve the City Council’s goals, the City Council empaneled an Ad Hoc
Charter Review Committee (“the Committee”) consisting of Arcadia residents to review
the City’s Charter and make recommendations for amendments. The Committee met
regularly and transmitted a draft amended Charter and proposed ballot measures to the
City Council for further consideration.
At the March 18, 2022, Special Joint Meeting of the Charter Review Committee and
Arcadia City Council, the City Council adopted most of the Committee’s recommendations
(“Attachment A”), but requested additional time and information regarding the following
items: (1) ability to transition back to at-large voting; (2) district residency requirements
for City Council Members; (3) term limits; and (4) changes to the elected City Clerk
position.
It is recommended that the City Council provide direction on outstanding Charter
Amendment questions, and direct staff to bring forward the documents necessary to
adopt the proposed Charter amendments and/or ballot measures for voter ratification at
the November 8, 2022, General Municipal Election.
Proposed Charter Amendments
May 3, 2022
Page 2 of 7
BACKGROUND
The City of Arcadia Charter was adopted at a special election held on April 24, 1951, and
became effective on May 15, 1951, upon being certified by the California Secretary of
State.
At the March 3, 2021, Study Session, the City Council voted to hold its next regularly
scheduled election on November 8, 2022, to comply with the spirit and intent of SB 415
and Ordinance No. 2352, affirming the same. In order to avoid any potential legal
challenges to future elections, the City Council requested that the City Manager prepare
a Charter amendment for the November 8, 2022, general municipal election asking
Arcadia voters to ratify moving the City’s municipal elections from April to November in
even numbered years, beginning with the 2024 election cycle. In addition, the City
Manager shared that the City’s Charter has not been updated since 1998 and the City
Council may wish to revisit several of the provisions that are outdated.
In order to assist the City Council with recommendations for updating and modernizing
the City’s Charter, at the July 6, 2021, City Council Meeting, the City Council adopted
Resolution No. 7356 empaneling an Ad Hoc Charter Review Committee consisting of
Arcadia residents to review the City’s Charter and make recommendations for
amendments.
The Committee held its first meeting on October 14, 2021, and established a regular
meeting schedule of twice per month. All meetings for the Committee were duly noticed
in accordance with the Ralph M. Brown Act. All copies of the Committee’s agendas and
minutes can be found at ArcadiaCA.gov/Charterreview. On February 18, 2022, the
Committee concluded its review and made its formal recommendations on Charter
amendments to the City Council.
At the March 18, 2022, Special Joint Meeting of the Charter Review Committee and
Arcadia City Council (“Joint Meeting”), the City Council reviewed, discussed, and agreed
with most of the Committee’s recommendations, but requested additional time and
information regarding the following items: (1) ability to transition back to at-large voting;
(2) district residency requirements for City Council Members; (3) term limits; (4) timing of
City elections; and (5) changes to the elected City Clerk position. The remainder of this
report will largely focus on these issues.
DISCUSSION
Below is a summary of the outstanding items that the City Council requested additional
time and information to review and consider.
Proposed Charter Amendments
May 3, 2022
Page 3 of 7
Section 400. City Council
The section was edited to reflect the change from at-large to by-district voting in Arcadia.
The Committee unanimously approved this amendment.
At the Joint Meeting, the City Council requested further discussions about the ability to
transition back to at-large voting, or another voting system, should there be changes in
State law that would allow the reversion. The Charter could be amended to allow the City
Council to change its election process by Ordinance if an alternative election process
becomes lawful, rather than requiring a full Charter amendment and citizen voting
process. There is currently no imminent change to the California Voting Rights Act
(“CVRA”) or other laws that would enable the City to move back to the at-large voting.
Though unlikely, at least in the near-term, it is theoretically possible that constitutional,
statutory, or case law ultimately changes the considerations for at-large voting or allows
for other alternative systems. Thus, the question is whether to enable or restrict a future
City Council, without voter approval, to modify the City’s election process.
The City Council had previously asked whether the Charter could restrict a future change
in the election process to occur only in the event of a change in law. While practically this
would be the intent, it may create a difficult nuance. If the change is the result of case
law, whether a different mechanism is lawful may be unclear and involve an analysis of
legal risks. Therefore, if the City Council wishes to give future bodies flexibility in this area,
it may be necessary to write the authority quite broadly.
One additional option the City Council could consider is a supermajority requirement for
a future City Council vote to return to at-large voting.
Section 401. Eligibility
This section contains two outstanding items, which will be described separately below.
District Residency
Section 401 was edited by the Committee to reflect that a Council Member must reside
in the district for which they seek election or appointment. At the Joint Meeting, the City
Council requested additional information regarding residency requirements for district-
based voting, specifically if it would be possible to allow someone residing outside of the
district to stand for election in the district. This could either be allowed at any time – as is
done with the US House of Representatives, where residency is not required – or only
when no candidates or just one candidate from within the district submitted nomination
papers for a given election. The reasoning given for this would be to provide the greatest
opportunity for contested elections in every district.
The City Attorney has researched the question regarding the residency requirement for
district-based representation by election or appointment. The California Voting Rights Act
Proposed Charter Amendments
May 3, 2022
Page 4 of 7
(“CVRA”) under Elections Code Section 14026(b) mandates “district-based elections”
which are defined as, “a method of electing members to the governing body of a political
subdivision in which the candidate must reside [emphasis added] within an election
district that is a divisible part of the political subdivision and is elected only by voters within
that election district.”
Further, under the Fair Maps Act, which applies to Charter cities, Government Code
Section 34882 states that, “a person is not eligible to hold office as a member of a
municipal legislative body unless he or she is otherwise qualified, resides in the district
[emphasis added] and both resided in the geographical area making up the district from
which he or she is elected and was a registered voter of the City at the time the nomination
papers are issued to the candidate…”
The City Attorney has also concluded based on applicable State laws that in the event no
individual seeks election from a particular district, the seat cannot be filled from someone
who resides outside of the district. Based on the forgoing, it is recommended that the City
Council adopt the Committee’s original recommendation regarding residency.
Term Limits
The Committee also discussed the issue of term limits. The current Charter allows for two
consecutive four-year terms, after which a Council Member must sit out at least one
election cycle before running again. The Council Member could repeat this cycle
indefinitely. The Committee has provided two recommendations for the City Council to
consider.
1. Modify the limit to be a hard cap of three terms, which may be served
consecutively; or,
2. Create a total limit of three terms; however, only two terms may be in
consecutive order. Under this proposal a Council Member can serve a
maximum of eight years and will be required to wait at least one election cycle
before they can run for their final term.
Under either scenario, the Committee recommends that no past or current Council
Member duly elected or appointed be able to serve more than three terms. The
Committee unanimously approved the first recommendation; however, the alternate
recommendation was approved by a 4-1 vote.
If the City Council elects to propose a lifetime cap, staff will need direction as to how the
lifetime cap will apply to persons who have already served terms as Council Members.
The Government Code requires term limits to be prospective only, but there is also case
law stating that the setting of term limits is a municipal affair, meaning that a Charter City
can set its own rules in this arena. If the City Council intends for the Charter to differ from
statutory requirements, the City Council should clearly state that intent and how it would
Proposed Charter Amendments
May 3, 2022
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apply to current Council Members or those that may run and be elected in November
2022.
Another point of discussion at the Joint Meeting was the idea of placing multiple term limit
options on the ballot and to allow the voters to decide. While this is possible, it is not a
recommended approach. In order to keep the election as simple as possible and to give
voters clarity, it is recommended that the City Council choose a single desired term limit
and submit it to the voters as part of the overall Charter amendment. This would also
provide substantial cost savings for the election process.
Article V. City Clerk
The Committee recommended that the elected City Clerk position be eliminated upon the
expiration of the current term in 2024 or upon any vacancy in the current office. The City
Manager would then have the authority to appoint a City Clerk to perform the powers and
duties outlined in the Charter. Due to changes to the role of the City Clerk over time, the
position has become largely ceremonial, with the vast majority of traditional City Clerk
duties already being performed by professional staff in the City Manager’s Office. The
elimination of the elected City Clerk position would save the City money over time as the
position is the only seat still elected citywide. The Committee unanimously approved this
amendment.
At the Joint Meeting, City Clerk Glasco shared his thoughts about the importance of the
role of an elected City Clerk. At this meeting, Mr. Glasco requested additional time to
gather his thoughts about the implications of eliminating the position upon the conclusion
of his term. The City Council proposed as an option having the elected City Clerk sunset
in 2028, or upon vacancy, to enable Mr. Glasco to run for an additional term if desired.
In subsequent conversations with staff, Mr. Glasco has indicated that he agrees with the
Committee’s recommendation to eliminate the elected City Clerk position upon a vacancy
in the current term or its expiration in 2024. Therefore, it is recommended that the City
Council adopt the Committee’s recommendation.
Section 1100. General Municipal Elections.
Commencing with the November 8, 2022, General Municipal Election, all future City
elections will be held on the first Tuesday after the first Monday in November, to coincide
with statewide general elections. The Committee approved this change on a 3-1 vote.
The dissenting vote was principled on the notion of home rule and that the state should
not be dictating to the City about when our elections should occur.
At the Joint Meeting, the City Council, by a 3-1 margin, agreed with the Committee’s
recommended language; however, the Council agreed to carry this item forward for
further discussion. Similar to the districting question, a Council Member had proposed to
allow the City Council to change the election date back to April in even numbered years
Proposed Charter Amendments
May 3, 2022
Page 6 of 7
if it made sense at a future date. Cities throughout the state have moved their elections
to coincide with general elections to the point that no private companies exist any longer
to assist with local elections. As a result, if the City chose to revert to an off-cycle election
date, elections would be far more expensive due to the County’s pricing structure on one-
off elections. In addition, it is likely that the state will provide high levels of scrutiny to cities
that have off cycle elections and modest turnout figures, since their stated goal is to lift
voter turnout by mandating local elections on general election dates. Therefore, it is
recommended that the City Council adopt the Committee’s recommendation and
permanently shift the election date to November.
Section 1208. Donations.
At the Joint Meeting, staff requested direction from the City Council to add a section of
the Charter specific to donations. Specifically, the new section would clarify the
procedures for accepting Citywide donations and not just those for Library purposes. In
consultation with the City Attorney, it is recommended that the City Council approve the
following proposed language for Section 1218:
“The Council may accept money, personal property, or real estate donated, devised, or
bequeathed to the City and authorize the City Manager to carry out the terms and
conditions of the donation, devise, or bequeathment. If no terms or conditions are
attached to the donation, devise, or bequeathment, the Council may designate its use
for any municipal purpose. The Council may establish procedures for the administrative
acceptance of donations, devises, and bequeathments by ordinance or resolution.”
The idea here would be to specifically allow for the acceptance of donations generally,
and to provide the City Council with a mechanism for setting limits on the City Manager’s
authority to accept them prior to needing City Council approval, which would be done by
ordinance or resolution and could be updated easily over time.
Next Steps
The City Council should provide direction on these outstanding items or any other
recommendations made by the Charter Review Committee and staff.
Once a final series of Charter amendments has been selected, two public hearings must
be held to receive public input on the proposed amendments. The public hearings require
posting notices for 21 days and publishing notices 14 days prior to the hearings. There is
sufficient time before the mid-August deadline to place a measure on the ballot to conduct
the City Council review and required public hearings. Below is a proposed timeline of
events:
March 18, 2022 – City Council Study Session (Completed)
May 3, 2022 – City Council Discussion (Completed)
May 17, 2022 – First Public Hearing
Proposed Charter Amendments
May 3, 2022
Page 7 of 7
June 21, 2022 – Second Public Hearing
July 16, 2022 – Last Day to Call for an Election (E-114)
August 11, 2022 – Last Day to Place Measure on Ballot (E-88)
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the
environment. Thus, this matter is exempt under CEQA under Sections 15060(c)(2) and
15060(c)(3) of the CEQA Guidelines.
FISCAL IMPACT
The costs of placing the Charter amendment on the November 8, 2022, ballot is estimated
at $119,600. For two measures, the estimated cost is $136,000 or $68,000 per measure.
For three measures, estimated cost is $144,000 or $48,000 per measure. The costs for
the November 8, 2022, election will be included in the Fiscal Year 2022-23 budget.
RECOMMENDATION
It is recommended that the City Council provide direction on outstanding Charter
Amendment questions and direct staff to bring forward the documents necessary to adopt
the proposed Charter amendments and/or ballot measures for community ratification at
the November 8, 2022, General Municipal Election.
Attachments: “A” - Study Session Staff Report
“B” - Charter Amendments – Red Line
DATE: March 18, 2022
TO: Honorable Mayor and City Council
FROM: Dominic Lazzaretto, City Manager
By: Michael Bruckner, Deputy City Manager
Michael Maurer, Assistant City Attorney
SUBJECT: REPORT, DISCUSSION, AND DIRECTION REGARDING PROPOSED
CHARTER AMENDMENTS AND BALLOT MEASURES FOR THE
NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION
Recommendation: Adopt Committee Recommendations and Provide
Direction
SUMMARY
The City of Arcadia Charter was adopted at a special election held on April 24, 1951, and
became effective on May 15, 1951, upon being certified by the California Secretary of
State. The City’s Charter was last amended in 1998.
At the March 3, 2021, Study Session, the City Council voted to hold its next regularly
scheduled election on November 8, 2022, to comply with the spirit and intent of SB 415
and Ordinance No. 2352, affirming the same. In order to avoid any potential legal
challenges to future elections, the City Council requested that the City Manager prepare
a Charter amendment for the November 8, 2022, general municipal election asking
Arcadia voters to permanently ratify moving the City’s municipal elections from April to
November in even numbered years, beginning with the 2024 election cycle.
Since ballot measures can be a costly and time-consuming process, the City Council also
directed the City Manager to provide additional amendments to the Charter to remove
outdated provisions and provide the City Council more legislative flexibility for the
administration of City services, in addition to streamlining municipal functions for 21st
Century governance. For example, the Charter states that Council Members shall be
elected at-large even though the City has transitioned to district-based elections.
In order to achieve the City Council’s goals, at the July 6, 2021, City Council Meeting, the
City Council adopted Resolution No. 7356 empaneling an Ad Hoc Charter Review
Committee (“the Committee”) consisting of Arcadia residents to review the City’s Charter
and make recommendations for amendments. The Committee held its first meeting on
October 14, 2021, and met regularly during the ensuing months. On February 18, 2022,
Attachment "A"
Proposed Charter Amendments and Ballot Initiatives for the
November 2022 General Municipal Election
March 18, 2022
Page 2 of 11
the Committee concluded its review and voted to transmit the draft amended Charter and
ballot measures to the City Council for further consideration.
It is recommended that the City Council adopt the recommendations of the Charter
Review Committee, providing direction on outstanding Charter Amendment questions,
and direct staff to bring forward the documents necessary to adopt the proposed Charter
amendments and/or ballot measures for community ratification at the November 8, 2022,
General Municipal Election.
BACKGROUND
At the March 3, 2021, Study Session, the City Council voted to hold its next regularly
scheduled election on November 8, 2022, to comply with the spirit and intent of SB 415
and Ordinance No. 2352, affirming the same. In order to avoid any potential legal
challenges to future elections, the City Council requested that the City Manager prepare
a Charter amendment for the November 8, 2022, general municipal election asking
Arcadia voters to ratify moving the City’s municipal elections from April to November in
even numbered years, beginning with the 2024 election cycle. In addition, the City
Manager shared that the City’s Charter has not been updated since 1998 and the City
Council may wish to revisit several of the provisions that are outdated.
In order to assist the City Council with recommendations for updating and modernizing
the City’s Charter, at the July 6, 2021, City Council Meeting, the City Council adopted
Resolution No. 7356 empaneling an Ad Hoc Charter Review Committee consisting of
Arcadia residents to review the City’s Charter and make recommendations for
amendments. On September 7, 2021, the City Council conducted interviews for
prospective members of the Committee. Seven candidates were selected; however,
shortly after the Committee was empaneled a Committee Member resigned. As a result,
the Committee continued its work with six members. The Committee currently consists of
the following:
James Helms, Jr. – Chairperson
Dr. Sheng Chang – Vice Chairperson
Lee Kuo
Anthony Leung
Jagdeep Singh
Li Zhang
The Committee held its first meeting on October 14, 2021, and established a regular
meeting schedule of twice per month, generally on Friday mornings at 10:00 a.m. in the
City Council Chambers Conference Room. All meetings for the Committee were duly
noticed in accordance with the Ralph M. Brown Act. All copies of the Committee’s
agendas and minutes can be found at ArcadiaCA.gov/Charterreview. On February 18,
2022, the Committee concluded its review and has made its formal recommendation on
Proposed Charter Amendments and Ballot Initiatives for the
November 2022 General Municipal Election
March 18, 2022
Page 3 of 11
Charter amendments to the City Council, which are attached to this report and
summarized below.
DISCUSSION
The organizing principle of the Charter Review Committee was to review and update the
City’s Municipal Charter for 21st Century governance standards. At its second meeting on
October 29, 2021, the Committee requested copies of relevant Charter sections
considered for amendment from the following cities to use as a comparison: Alhambra,
Big Bear Lake, Cypress, Irvine, Mountain View, Newport Beach, Pasadena, Santa
Monica, and Temple City. In addition, the Committee was provided with a copy of the
National Civic League Model Charter City, Ninth Edition, which offers a contemporary
view on modern City Charters. The Committee also requested additional information on
Charter cities by population, their last Charter update, City election dates by Charter, and
public works contract authorities.
At the direction of the Committee, staff prepared a series of recommendations for the
Committee to review and consider. In addition, Committee Members also offered their
own recommendations to improve the Charter and the functions of City government as
each section was reviewed and discussed. The following is a detailed summary of the
Committee’s major recommendations for the City Council to consider. Not every amended
section is included below; however, the items listed reflect the most significant changes
the Committee recommended. A copy of the red-lined version (Attachment “A”) and a
clean edited version (Attachment “B”) of the proposed Charter amendments are included
with this report.
Gender Pronouns and General Language Clean-up
Throughout the current Charter, references to individual Council Members use the gender
pronouns he/his/him. The language in the Charter was amended to be more gender
neutral and was changed to they/their. Several dozen sections of the Charter were edited
with this change. Further, position titles have changed over time and there are several
edits throughout the document that make contemporary changes. The Committee
unanimously approved these amendments where they exist throughout the Charter.
Section 400. City Council
The section was edited to reflect the change from at-large to by-district voting in Arcadia.
The Committee unanimously approved this amendment.
Section 401. Eligibility
This section was edited to reflect that a Council Member must reside in the district for
which they seek election or appointment.
Proposed Charter Amendments and Ballot Initiatives for the
November 2022 General Municipal Election
March 18, 2022
Page 4 of 11
The Committee also discussed the issue of term limits. The current Charter allows for two
consecutive four-year terms, after which a Council Member must sit out at least one
election cycle before running again. The Council Member could repeat this cycle
indefinitely. The Committee has provided two recommendations for the City Council to
consider.
1. Modify the limit to be a hard cap of three terms, which may be served
consecutively; or,
2. Create a total limit of three terms; however, only two terms may be in
consecutive order. Under this proposal a Council Member can serve a
maximum of eight years and will be required to wait four years before they can
run for their final term.
Under either scenario, the Committee recommends that no past or current Council
Member duly elected or appointed can serve more than three terms. The Committee
unanimously approved the first recommendation; however, the alternate recommendation
was approved by a 4-1 vote.
Section 402. Compensation
City Council compensation was set at $500 over 25 years ago. Staff proposed amending
this section to set City Council compensation at a fixed amount that would then be indexed
to annual inflation. The Committee was provided with a list of City Council compensation
(Attachment “C”) from the comparable group of cities selected by the Committee. The
Committee recommended, on a 4-1 vote, that City Council compensation remain
unchanged, and the proposed amendment was stricken. The dissenting vote was cast in
support of increasing Council compensation to attract more working-class candidates.
Section 403. Vacancies, Forfeiture of Office. Filling of Vacancies.
Under the current Charter, the City Council has 30 days to fill a vacancy on the City
Council. The Committee recommends that the amount of time be increased from 30 days
to 60 days, which is consistent with the Government Code for General Law cities. This
will allow more time for the City Council to advertise for applicants to fill the vacancy,
conduct interviews, and deliberate.
This section was also edited to create a mechanism if the City Council fails to fill a vacancy
or call for a Special Election to fill said vacancy. Under the Committee’s recommendation,
the City Clerk shall be charged with automatically calling for a Special Election if a
vacancy is not filled after the 60-day period for appointment. The Committee unanimously
approved these amendments.
Proposed Charter Amendments and Ballot Initiatives for the
November 2022 General Municipal Election
March 18, 2022
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Section 404. Mayor – Mayor Pro Tempore.
The Committee devoted significant time to reviewing procedures for the rotation of Mayor
and Mayor Pro Tem. The Committee recommends that the Mayor and Mayor Pro Tem
each serve a term of approximately 9.5 months so that each Council Member will have
the opportunity serve in both positions during a 4-year term. The Committee also
recommends that the City Council establish a procedure for implementing the rotation by
ordinance or resolution. To that end, the Committee developed a draft procedure for the
City Council to consider for formal adoption (Attachment “D”). The Committee also
proposes an alternative amendment to include the language in Attachment “D” as the
formal language to be included in this section of the Charter. The Committee approved
this amendment and process by a 5-1-0 vote, with one abstention.
Section 413. Proceedings.
This amendment allows for the electronic casting of the ayes and noes in lieu of a roll call
vote. This would allow for further technological improvements at City Council meetings.
The Committee unanimously approved this amendment.
Section 415. Adoption of Ordinances and Resolutions.
At the start of each Council Meeting, a Council Member is asked to make a motion to
read all ordinances and resolutions by title only and waive the reading in full. The
proposed amendment removes the Charter requirement to provide a motion to waive the
reading in full; however, a majority of the Council Members present may still request that
an ordinance or resolution be read in full. The Committee unanimously approved this
amendment.
Section 416. Ordinances. Publication.
The current City Charter requires an ordinance to be published in the City’s newspaper
of record after adoption. Print newspapers no longer enjoy the wide appeal they used to
and are a somewhat outmoded form of communication. In addition, the publishing of
ordinances can be costly as well. This amendment does not eliminate the publishing in
newspapers but does create an alternative option that ordinances be posted in at least
three public places and on the City’s website in lieu of in the newspaper. Staff
recommends that the City Council approve City Hall, the Community Center, and the
Arcadia Public Library as the alternate sites. The Committee unanimously approved this
amendment.
Section 417. Adoption of Codes by Reference.
This amendment eliminates the need to create three volumes of City Codes for inspection
by the public. Instead, this Section would require a copy of the Code be available for
Proposed Charter Amendments and Ballot Initiatives for the
November 2022 General Municipal Election
March 18, 2022
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public review in the City Clerk’s Office and also be available on the City’s website. The
Committee unanimously approved this amendment.
Section 420. Publishing of Legal Notices.
This amendment follows the framework outlined in Section 416 by removing the
requirement to post in the City’s newspaper of record and creating the alternative to post
legal notices in at least three public places and on the City’s website. The Committee
unanimously approved this amendment.
Article V. City Clerk
The Committee recommends that the elected City Clerk position be eliminated upon the
expiration of the current term in 2024 or upon any vacancy in the current office. The City
Manager shall have the authority to appoint a City Clerk to perform the powers and duties
outlined in the Charter. Due to changes to the role of the City Clerk over time, the position
has become largely ceremonial, with the vast majority of traditional City Clerk duties being
performed by professional staff in the City Manager’s Office. The elimination of the
elected City Clerk position will also save the City money over time as the position is the
only seat still elected citywide. The Committee unanimously approved this amendment.
Section 807. General Plan.
At the direction of the City Attorney, this section adds language to the Charter to assert
the City’s right to home rule as it relates to land use policies. The California Legislature
has become increasingly assertive in this area of municipal affairs. Should the City be
required to defend its home rule authority, this additional Charter provision would
strengthen the City’s position. The Committee unanimously approved this amendment.
Section 808. Human Resources Commission. Powers and Duties.
Under the current Charter language, the Human Resources Commission must review all
changes to job classifications and specifications and personnel rules and regulations,
which are then sent to the City Council for adoption. This has significantly slowed down
the City’s ability to recruit for vacant positions and/or stagnated creativity from hiring
managers who did not want to take the time to go through the lengthy process. Moreover,
the Commission and City Council have typically had no comments on proposed
amendments, so the steps have added little to no benefit to the organization. The
Committee recommends that the Human Resources Commission role be redefined to
serve as an independent, quasi-judicial hearing board solely related to appeals stemming
from employee discipline and related matters, with job specifications and the like being
the purview of the City Manager. The Committee unanimously approved this amendment.
Proposed Charter Amendments and Ballot Initiatives for the
November 2022 General Municipal Election
March 18, 2022
Page 7 of 11
Section 809. Library Board of Trustees. Powers and Duties.
From time to time, the Arcadia Public Library receives monetary gifts from the Arcadia
Community to further its educational and service mission. Provisions in the current
Charter require that the City Council accept all donations over $1,000, which requires
staff time to prepare reports for City Council consideration. The proposed amendment
would allow the City Council to adopt a resolution or ordinance that would allow the City
to accept donations administratively under threshold amounts as determined by the City
Council. The Committee unanimously approved this amendment.
Upon further administrative review, staff is recommending that the amended donation
provision in this section of the Charter be moved to a new section, Section 1218, where
it can be more broadly applied to all donations received by the City and not just those for
Library purposes. The City has traditionally applied the donation approval process
citywide, although the current regulation only speaks to the Library specifically. Moving it
to Section 1218 would memorialize past practice and provide better clarity. Staff
recommends that a resolution be presented creating an administrative limit of $10,000.
Anything above that amount would require formal City Council approval.
Section 1100. General Municipal Elections.
Commencing with the November 8, 2022, general municipal election, all future City
elections will be held on the first Tuesday after the first Monday in November, to coincide
with statewide general elections. The Committee approved this change on a 3-1 vote.
The dissenting vote was principled on the notion of home rule and that the state should
not be dictating to the City about when our elections should occur.
Section 1203. Capital Program.
The current Charter defines a capital expenditure as an improvement in excess of
$30,000. While this limit was likely very practical 20 years ago, the cost of public
improvements has increased exponentially over time and the limit does not create the
same purchasing power it once did. The artificially low threshold amount results in
substantial staff time to prepare corresponding procurement documents, and formally
conduct the bidding process. Final procurement is further impeded by City Council
approval of a purchase order of nominal value. The current threshold is also anti-
competitive as contractors tend to withdraw bids or refuse to bid because of the time of
procurement on low-value projects.
The Committee reviewed the definition of a capital expenditure for various cities and
recommends that definition of a capital expenditure in Section 1203 be set by Council
resolution or ordinance. This would allow the City Council to review and set a threshold
amount which can be amended over time by additional City Council action instead of
Proposed Charter Amendments and Ballot Initiatives for the
November 2022 General Municipal Election
March 18, 2022
Page 8 of 11
requiring a future Charter amendment. The Committee unanimously approved this
amendment.
Staff recommends that the definition of a capital project be established by resolution to
$60,000. A further explanation and corresponding amendment is detailed in the next
section below.
Section 1212. Contracts on Public Works Projects.
The Committee also reviewed the Public Works contract authority for various cities as
well as requirements for General Law cities under the Government Code. Under the
California Uniform Public Construction Cost Accounting Act, signatory cities receive an
increase to their force accounts limits to $60,000. If that value of the project is under
$60,000 the City can contract without bidding; between $60,000 and $200,000, they are
required to use informal bidding; and above $200,000 formal bidding is required.
While the City has its own procurement rules, regulations, and threshold amounts,
aligning the City’s definition of a capital project with its contract authority creates
administrative efficiencies, economies of scale, and would generate significant cost
savings over time. Like the previous section, the Committee recommends that the
contract authority limit be set by Council resolution or ordinance to create capacity for
adjustments over time. The Committee unanimously approved this amendment.
Additional Ballot Measures for Consideration
Sports Wagering Tax.
The Committee discussed the utility of imposing a sports wagering tax and including the
tax as a new Charter provision. At least one ballot measure has already qualified for the
November 2022 ballot that would legalize sports wagering statewide and would allow
Native American tribes and horse track operators to host a sports wager facility where
betting can occur. Additional measures relating to sports wagering are also being
proposed; however, it is unclear at this time which measures will qualify for the ballot or
even whether they would be successful.
Should the qualified measure be approved by California voters, California Law would
allow Santa Anita Park (“SAP”) to host a sports wagering facility on their premises. If SAP
were to establish a facility that offered similar amenities to other sports wagering facilities
around the country, the impacts to Arcadia could be significant in terms of traffic, medical
responses, and policing efforts. While the qualified measure does create a tax scheme
for the state, the proposed measure provides no local revenue offset for the costs of
providing these services.
Proposed Charter Amendments and Ballot Initiatives for the
November 2022 General Municipal Election
March 18, 2022
Page 9 of 11
The Committee deliberated on the idea of imposing a sports wagering tax and agreed by
4-1-1 vote that, “for the privilege of operating a sports wagering business, each business
that receives wagers on sporting events, shall pay a tax of in the amount of up to three
percent (3%) of the daily total of all sports wagers placed at the business inclusive of any
fee or charge to place the wager. This tax would not apply to horse racing but would apply
to all other sports wagers at the site. The Committee member casting the dissenting vote
believed the subject of adding an additional tax for sports wagering was outside the scope
of the Committee and the abstaining vote was undecided about the issue.
Because a tax on sports wagering will be new, it is difficult to estimate what the annual
revenue will be. It is not inconceivable that the City could generate upwards of $1 million
from this tax annually to help offset the impacts to Arcadia’s infrastructure and services.
Transient Occupancy Tax.
The Committee also discussed increasing the City’s Transient Occupancy Tax (“TOT”)
from its current rate of 10%. The Committee reviewed TOT rates for all Los Angeles
County cities (Attachment “E”). TOT rates in Los Angeles County cities range from 5% to
15%, with the vast majority of cities in the 10% - 12% range. By a 4-2 vote, the Committee
agreed that the TOT should be raised to 12%. By increasing the rate to 12%, Arcadia will
have a TOT rate similar to San Gabriel Valley cities like Alhambra, Monrovia, Monterey
Park, Pasadena, San Dimas, and San Gabriel. The Committee members casting
dissenting votes believed the subject of increasing the tax was outside the scope of the
Committee and would have negative economic consequences on hotel operators and the
tourism economy in Arcadia.
An increase in the TOT rate from 10% to 12% would generate an estimated additional
$730,000 in annual revenue.
November 2022 Ballot Questions & Outreach
The Committee was also asked to recommend how many items and in what manner
should the various proposals be placed before voters. Given the significance of the
changes to the Charter, the Committee recommends that a single question be placed
before the voters to adopt the Charter as proposed. The City Council also has the ability
to place several questions on the ballot relating to the amendments if they believe that
Arcadia voters should decide on specific matters separately. While this is an option, it is
not without its drawbacks as voter fatigue and confusion may be mitigating factors for
voter participation. Regarding the tax measures, the Committee recommends placing the
sports wagering tax on the ballot in November 2022 and deferring the TOT increase to a
later date.
The City cannot advocate for or against any particular initiative but does have an
obligation to present facts and impartial analysis about the pros and cons of each
Proposed Charter Amendments and Ballot Initiatives for the
November 2022 General Municipal Election
March 18, 2022
Page 10 of 11
measure to Arcadia voters. In that regard, the City would conduct outreach similar to the
effort for the Measure A sales tax increase adopted by Arcadia voters in June 2019 for
any initiatives the City Council decides to move forward with.
Next Steps
The City Council is requested to amend or approve the recommendations provided by the
Charter Review Committee. Additional study sessions can be scheduled if the City
Council requires more time or information to deliberate on these items.
Once a final series of Charter amendments has been agreed to, two public hearings must
be held to receive public input on the proposed amendments. The public hearings require
posting notices for 21 days and publishing notices 14 days prior to the hearings. There is
sufficient time before the mid-August deadline to place a measure on the ballot to conduct
the City Council review and required public hearings. Below is a proposed summary of
events:
March 18, 2022 – City Council Study Session
April 2022 (TBD) – City Council Study Session (if necessary)
May 3, 2022 – First Public Hearing
June 7, 2022 – Second Public Hearing, Call for Election/Ballot Measures
July 16, 2022 – Last Day to Call for an Election (E-114)
August 11, 2022 – Last Day to Place Measure on Ballot (E-88)
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the
environment. Thus, this matter is exempt under CEQA under Sections 15060(c)(2) and
15060(c)(3) of the CEQA Guidelines.
FISCAL IMPACT
The costs of placing the Charter amendment on the November 8, 2022, ballot is estimated
at $119,600. For two measures, the estimated cost is $136,000 or $68,000 per measure.
For three measures, estimated cost is $144,000 or $48,000 per measure. Staff is also
researching election consultant costs to assist with communication and outreach for any
measures approved by the City Council for placement on the ballot. The costs for the
November 8, 2022, election will be included in the Fiscal Year 2022-23 budget.
RECOMMENDATION
It is recommended that the City Council determine that this action is exempt under CEQA;
adopt the recommendations of the Charter Review Committee, providing direction on
Proposed Charter Amendments and Ballot Initiatives for the
November 2022 General Municipal Election
March 18, 2022
Page 11 of 11
outstanding Charter Amendment questions; and direct staff to bring forward the
documents necessary to adopt the proposed Charter amendments and/or ballot
measures for community ratification at the November 8, 2022, General Municipal
Election.
Attachments: Attachment “A” – Amended Charter (red-lined)
Attachment “B” – Amended Charter (clean)
Attachment “C” – City Council Compensation Matrix
Attachment “D” – Section 404. Mayor – Mayor Pro Tem Procedure
Attachment “E” – Transient Occupancy Tax (“TOT”) Rates
CITY OF ARCADIA, CALIFORNIA
CITY CHARTER
As Amended
19982022
Attachment "B"
CITY COUNCIL
19972021-19982022
Sheng H. Chang
Sho Tay
Barbara D. Kuhn
Paul P. Cheng
Robert C. Harbicht
Tom Beck
Gary A.
KovacicRoger
Chandler Mary B.
Young
April A. Verlato
CITY CLERK
June D. AlfordGene
Glasco
CITY MANAGER
Dominic Lazzaretto
CITY ATTORNEY
Michael H.
MillerStephen P. Deitsch
ii
CHARTER
CITY OF ARCADIA
TABLE OF CONTENTS
ARTICLE
PAGE
I. Incorporation and Succession ....................................... 1
II. Powers of City .............................................................. 2
III. Form of Government ..................................................... 2
IV. The City Council ........................................................... 3
V. City Clerk .................................................................... 10
VI. City Manager .............................................................. 11
VII. Officers and Employees .............................................. 13
VIII. Boards and Commissions ............................................ 17
IX. Civil Service ................................................................ 21
X. Retirement ................................................................... 24
XI. Elections ...................................................................... 25
XII. Fiscal Administration .................................................. 25
XIII. Franchises .................................................................... 32
XIV. Board of Education ..................................................... 33
XV. Miscellaneous .............................................................. 35
ii
ARTICLE I - Incorporation and Succession
Section 100. Name and Boundaries
Section 101. Rights and Liabilities of the City
Section 102. Ordinances, Codes, and Other Regulations
Section 103. Officers and Employees
Section 104. Effective Date of Charter
ARTICLE II - Powers of City
Section 200. Powers
Section 201. Intergovernmental Relations
ARTICLE III - Form of Government
Section 300. Form of Government
ARTICLE IV - The City Council
Section 400. City Council
Section 401. Eligibility
Section 402. Compensation
Section 403. Vacancies, Forfeiture of Office.
Filling of Vacancies
Section 404. Mayor - Mayor Pro Tempore
Section 405. Powers Vested in the Council
Section 406. Prohibitions
(a) Holding Other Offices
(b) Interference in Administrative Service
Section 407. Regular Meetings of the Council
Section 408. Special Meetings
Section 409. Adjourned Meetings
Section 410. Quorum
Section 411. Open Meetings. Ralph M. Brown Act
ii
Section 412. Place of Meetings
Section 413. Proceedings
Section 414. Citizen Participation
Section 415. Adoption of Ordinances and Resolutions
Section 416. Ordinances. Publication
Section 417. Adoption of Codes by Reference
Section 418. The Arcadia Municipal Code
Section 419. Ordinance. When Effective
Section 420. Publishing of Legal Notices
ARTICLE V - City Clerk
Section 500. City Clerk
Section 501. Continuation of Present City Clerk Section 502.
EligibilityElimination of Elected Office
3
ARTICLE V - City Clerk (continued)
Section 5013. Vacancies. Forfeiture of Office.
Filling of Vacancies
Section 5034. Compensation
Section 5045. Powers and Duties
ARTICLE VI - City Manager
Section 600. City Manager. Selection and Qualifications
Section 601. City Manager. Powers and Duties
Section 602. City Manager. Meetings
Section 603. City Manager Pro Tempore
ARTICLE VII - Officers and Employees
Section 700. Administrative Departments
Section 701. City Attorney. Powers and Duties
Section 702. Finance Office
Section 703. Planning Office
Section 704. Departmental AdministratorsDirectors.
Appointive Powers
Section 705. Personal Financial Interest
Section 706. Administering Oaths
Section 707. Acceptance of Other Office
Section 708. Nepotism
Section 709. Official Bonds
ARTICLE VIII - Boards and Commissions
Section 800. In General
Section 801. Appropriations
Section 802. Appointments. Terms
Section 803. Existing Boards
Section 804. Meetings. Chairmen
Chairperson
Section 805. Compensation. Vacancies
Section 806. Planning Commission
Section 807. General Plan
Section 808. Human Resources Commission.
Powers and Duties
Section 809. Library Board of Trustees. Powers and Duties.
4
ARTICLE VIII -– Boards and Commissions (continued)
Section 810. Recreation and Parks Commission.
Powers and Duties
ARTICLE IX -– Civil Service
Section 900. Existing Civil Service System
Section 901. Unclassified and Classified Service
Section 902. Appointments from Classified Service Positions
Section 903. Recruitment
Section 904. Suspension. Demotion and Dismissal
Section 905. Political Activities Prohibited
Section 906. Prohibitions. General
ARTICLE X -– Retirement
Section 1000. Public Employees Retirement System
ARTICLE XI -– Elections
Section 1100. General Municipal Elections
Section 1101. Special Municipal Elections
Section 1102. Procedure for Holding Elections
Section 1103. Initiative, Referendum, and Recall
ARTICLE XII -– Fiscal Administration
Section 1200. Fiscal Year
Section 1201. Submission of Budget and Budget Message
Section 1202. Budget
Section 1203. Capital Program
Section 1204. Council Action on Budget
Section 1205. Council Action on Capital Program
Section 1206. Public Records
Section 1207. Amendments After Adoption
Section 1208. Lapse of Appropriations
Section 1209. Tax Limits
Section 1210. Tax Procedure
Section 1211. Bonded Debt Limit
Section 1212. Contracts on Public Works
Section 1213. Cash Basis Fund
5
Section 1214. Presentation and Audit of Demands
Section 1215. Registering Warrants
5
ARTICLE XII -– Fiscal Administration
(continued)
Section 1212. Contracts on Public Works
Section 1213. Cash Basis Fund
Section 1214. Presentation and Audit of Demands
Section 1215. Registering Warrants
Section 1216. Claims Against the City
Section 1217. Independent Audit
ARTICLE XIII -– Franchises
Section 1300. Granting of Franchises
Section 1301. Terms of Franchise
Section 1302. Eminent Domain
Section 1303. Procedure for Granting Franchises
ARTICLE XIV - Board of Education
Section 1400. Establishment of a Board of Education
Section 1401. Term of Office
Section 1402. Election
Section 1403. Meetings
Section 1404. Board Secretary
Section 1405. General Law Applicable
ARTICLE XIV - Miscellaneous
Section 1500. Definitions
Section 1501. Violations
Section 1502. Validity
1
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, hereinafter 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, possess, 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
without 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.
2
Section 104. EFFECTIVE DATE OF CHARTER. This
Charter shall take effect upon its approval by the Legislature of the State
of California and any amendment hereto shall be effective when filed
pursuant to the California Constitution..
ARTICLE II
POWERS OF CITY
Section 200. POWERS. The City shall have the power to
make 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 procedure 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.
Section 201. INTERGOVERNMENTAL RELATIONS.
The City may exercise any of its powers or perform any of its functions
jointly, or in cooperation, by contract or otherwise, with any one 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 municipal
government established by this Charter shall be known as the “Council-
Manager” form of government.
3
ARTICLE IV
THE CITY COUNCIL
Section 400. CITY CO UNCIL. The City Council,
hereinafter termed “Council,” shall consist of five Councilmembers
each representing a respective district within the City and elected to
office from the City at large in the manner provided in this Charter.
The term of office shall be four years. Alternatively, and successively,
three four-year terms shall be filled at one general municipal election and
two four-year terms at the next such election, consistent with the
sequence of terms of Councilmembers existing on the effective date
hereof. The term of a Councilmember shall commence on the first
Tuesday following certification of theirhis election and theyhe
shall serve until theirhis successor qualifies. Any ties in voting shall be
settled by the casting of lots.
Each Councilmember in office at the time this Charter takes
effect shall continue in office until the end of the term for which theyhe
was were elected under the previous charterCharter; an appointed
Councilmember shall continue in office during such time as hereinafter
provided.
Section 401. ELIGIBILITY. No person shall be eligible to
hold the office of Councilmember unless that person shall reside in the
City, shall be a resident of the district from which the Councilmember is
elected or appointed, and shall be a registered voter of the City upon
appointment or when nomination papers are issued. A Councilmember
who has been elected or appointed for two three, consecutive four-
year terms, including two years of any unexpired term, excluding part or
all of any unexpired term, shall not be eligible to hold the office of
Councilmember again until two years after expiration of the second
consecutive term, regardless of redistricting. This section shall apply to
all former duly elected or appointed Councilmembers and current
Councilmembers holding office on the effective date of this Charter.
Section 402. COMPENSATION. The members of the City
Council shall receive no other compensation for their services, except as
provided for below:
(a) The members of the City Council shall receive
compensation in the amount of $XXX.XX each month;
(b) Notwithstanding the amount provided for in paragraph (a) of
this section, the compensation received by the members of the City
4
Council and Mayor shall be automatically increased effective July 1 of
each year, in an amount equal to the increase in the Consumer Price Index
(CPI) for the twelve month period immediately preceding July 1. As used
in this section, the CPI shall be the index for All Urban Consumers for the
Los Angeles, Long Beach, Anaheim Metropolitan Area (All items),
provided by the United States Bureau of Labor Statistics or other
comparable index as may be developed to take its place;
(c) The members of the City Council and Mayor shall receive
medical, dental, health, and other benefits of employment paid for by the
City, provided these benefits are routinely and customarily available and
paid for by the City to City miscellaneous employees. The members of the
City Council and Mayor shall receive reimbursement and allowance for
travel and for other expenses related to their fulfilling their official duties
and the holding of public office upon the same terms and conditions
applicable to City departmental directors. The sums received pursuant to
this paragraph shall not be included for purposes of determining monthly
compensation under paragraph (a) of this section.Compensation for
Councilmembers 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
Ccouncilmembers 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.
5
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 Councilmember resigns, is legally removed other
than by recall, dies, or forfeits his their office.
(b) A Councilmember shall forfeit his their office if theyhe (1)
lacks at any time while holding office any qualification for election
prescribed 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 Council 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 they he attends,
(c)(b) (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 declaration 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 Councilmember, and continue in such office
as provided herein 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 Councilmembers within thirty sixty 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 thirtysixty-day period, it shall forthwith call an
election for the next established election date. for the earliest possible
date to fill such vacancy.
(d) In the event the Council does not call an election within sixty
days of the effective date of the vacancy, the City Clerk shall call a
special election to fill the vacancy, provided that the term of the vacant
office does not expire at the next established election date. The special
election shall take place at the next established election date. A special
election called by the City Clerk shall be conducted by the County of Los
Angeles and shall follow the same procedures as the most recent general
municipal election for a vacant district seat. The City Clerk shall take any
actions, including adoption of resolutions, necessary to effectuate the
6
special election. The City Clerk shall call the special election within five
working days. To effectuate this section, the City Manager shall have the
powers to (i) expend funds of the City to pay for the costs of the special
election, and (ii) in the absence of the City Clerk, to appoint an acting
City Clerk to take any necessary actions under this section. A person
appointed by the Council to fill a vacancy shall hold office until the
next general municipal election and until theirhis successor qualifies;
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 forthwith to fill any
vacancy and any office held by an appointee. At said election,
Councilmembers shall be elected to serve for the remainder of the
unexpired terms. A Councilmember elected to fill a vacancy shall
hold office for the remainder of the unexpired term.
(d)
(e) For purposes of this section, "established election dates" are
the dates established in California Elections Code section 1000, or any
successor statute or amendments, unless the Council establishes
additional or alternative election dates by ordinance. The “next”
established election date is the established election date that is at least
114 days away.
(e)
(f) 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. If less than a quorum of Council seats are filled, the
remaining Councilmembers may meet and take action to consider,
deliberate on, and make appointments until a quorum is achieved.
Section 404. MAYOR - MAYOR PRO TEMPORE. The
offices of Mayor and Mayor Pro Tem shall be filled automatically by
rotation among the Councilmembers with each serving a term of
approximately nine (9) and one-half (1/2) months. It is the intent of this
provision that the Councilmember for each Council district to serve as
Mayor and Mayor Pro Tem once during a four-year term. The Council
shall adopt an appropriate procedure for implementing this requirement by
ordinance or resolution.
By theaffirmative votes of not less than three Councilmembers,
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
7
for the purpose of canvassing the results of the general municipal
election; and
(b) In odd-numbered years, at the second second regular
Council meeting held during the month of AprilDecember; or
(c) Aat such other times as a majority of the Council shall so order. The
Council may, by ordinance or resolution, establish a procedure for the
selection of, or for the succession of, the Mayor and Mayor Pro Tem.
The Mayor shall preside at Council meetings;. He shall be the
chief official of the City for all ceremonial purposes; and. He shall
perform such other duties consistent with his the office as may be
prescribed by the Council. The Mayor Pro Tempore shall perform the
duties of the Mayor during his their absence or disability.
Both the Mayor and Mayor Pro Tempore shall have a voice and
a vote in all proceedings of the Council.
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 Councilmember shall hold any other City office or City employment,
and no former Councilmember shall hold any compensated City
office or City employment until two years after leaving the office of
Councilmember.
(b) INTERFERENCE IN ADMINISTRATIVE SERVICE.
(b) Neither the Council nor any of its members shall interfere
with the execution by the City Manager of his theirthe City Manager’s
powers and duties, or order, directly or indirectly, the appointment by the
City Manager or by any of the departmental officers in the administrative
service of the City, of
8
any person to an office or employment or theirhis 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. REGULAR MEETINGS OF THE COUNCIL.
The Council shall hold regular meetings at least twice each month at
such times as it shall fix by ordinance or resolution, except that the Council
may hold only one regular meeting in up to four months each fiscal year.
At any time a regular meeting falls on a holiday, such meeting shall
be held on the day designated by motion of the City Council or
cancelled in accordance with this section.
Section 408. SPECIAL MEETINGS. Special meetings may
be called at any time by the Mayor or by three members of the Council
by delivering, personally or by mail, written notice to each
Councilmember and to each local newspaper of general circulation,
radio, and television 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 considered at such meeting.
Such written notice may be dispensed with as to any Councilmember
who at or prior to the time the meeting convenes 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 Councilmember who
is actually present at the meeting at the time it convenes. Notice of special
meetings shall be given in accordance with the Ralph M. Brown Act,
commencing with Section 54950 of the Government Code
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
adjourned regular meeting is a regular meeting for all purposes.
Section 410. QUORUM. Subject to other provisions of this
Charter, three Councilmembers shall constitute a quorum to do business,
but a lesser number may adjourn from time to time or compel the attendance
of other councilmembers Councilmembers in such a manner and under
9
such penalties as the Council may have provided.
10
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.
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 place
designated by the Mayor, or if he theythe Mayor should fail to act, by
three members of the Council. A Council meeting may be held at, or
adjourned to, a publicly accessible telephonic or electronic location.
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 attendance 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 disobedience 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
payment 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. The electronic casting of ayes
and noes may be conducted in lieu of a roll call vote.
Section 414. CITIZEN PUBLIC PARTICIPATION. Any
citizenmember of the public, personally or through counsel, shall have
the right to present grievances at any regular meeting of the Council
regarding any matter that is within the subject matter jurisdiction of the
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Council, or offer suggestions for the betterment of municipal affairs.
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Section 415. ADOPTION OF ORDINANCES AND
RESOLUTIONS. With the exception of ordinances which take effect
upon adoption, referred to in this Article, no ordinance shall be adopted
by the Council on the day of its introduction, nor within five days
thereafter, nor at any time other than at a regular or adjourned regular
meeting. 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 not be read
in full, unless after the reading of the title thereof, the further reading
thereof is waivedreading in full is requested by unanimous consent of a
majority of the Councilmembers present and voting. In the event that any
ordinance is altered after is introduction, 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 Councilmembers shall be required for the enactment of
any ordinance or resolution, or for the making or approving of any order
for the payment of money.
All ordinance and resolutions shall be signed by the Mayor and
attested by the City Clerk.
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
or, if less than four Councilmembers are present, then by unanimous vote
of the Councilmembers present. Reading in full can be waived by the
affirmative vote of four (4) Councilmembers.
Section 416. ORDINANCES. PUBLICATION. The City
Clerk shall cause each ordinance, or a summary of each ordinance, to be
published at least once in the official newspaper within fifteen days after
its adoption; provided, howeveras an alternative, that when an ordinance
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solely pertains to the municipal affairs of the City, except as otherwise
provided by this Charter or by ordinance of the Council, the City Clerk
may satisfy the publication requirement by posting the ordinance in at least
three public places in the City as designated by the Council and posted on
the City’s onlinewebsite or other publicly available City-controlled
internet site. presence in lieu of such publication. .
Section 417. ADOPTION OF CODES BY REFERENCE.
Detailed regulations, 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
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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 sections of such code shall be enacted in the same manner as herein
required for the enactment of ordinances. A copyCopies of any adopted
code of regulations shall be made available for inspection in the City
Clerk’s Office or 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
The publication of legal notices or other matters solely pertaining
to the municipal affairs of the City, except as otherwise provided in this
Charter or by ordinance of the Council, may be accomplished by (1)
posting copies thereof at three or more public places in the City as
designated by the Council and posted on the City’s website. or; (2)
publishing thereof in the official newspaper.
The publication of legal notices or other matters that do not solely
pertain to the municipal affairs of the City shall be published in a manner
consistent with applicable law.
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The newspaper with which the Council contracts for publication of
legal notices shall be deemed the official newspaper.
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 general circulation in the City, it shall be deemed
to be the official newspaper.
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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 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 invalidate
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 appointed by the City Manager. elected at-large for a term
of four years. The term of the City Clerk shall commence on the first
Tuesday following certification of their election, and shall serve until
their successor qualifies. , 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 successor, shall continue in office during the term which
commenced April 16, 1968, and shall serve until his successor qualifies.
Section 5012. ELIGIBILITY. No person shall be eligible to
hold the office of City Clerk unless they arehe is a legally registered
voter and resident of the City. The City Clerk shall engage in no other
business or occupation except as may be permitted by the affirmative
vote of four members of the Council.
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Section 5023. 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 Councilmember. 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
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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 5034. COMPENSATION. Compensation for the City
Clerk shall be set by resolution or ordinance.
Section 50145. 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 booksfiles, 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 accordance with this Charter;
all of said books files shall be properly indexed and open to public
inspection when not in actual use.
(c) Maintain separate booksfiles, 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.
(f) 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 or City Manager.
Section 502. ELIMINATION OF ELECTED
OFFICE. The office of elected City Clerk shall be eliminated upon the
earlier of: (1) the expiration of the term of the elected City Clerk serving
at the time of adoption of this Charter, or (2) any vacancy in the elected
office.
ARTICLE VI
CITY MANAGER
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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
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not less than four votes, the person who it believes to be best qualified
on the basis of theirhis executive and administrative qualifications, with
special reference to theirhis experience in and his their 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.
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
Councilmanic election, except by the unanimous vote of the entire
Council.
Section 601. CITY MANGER. POWERS AND DUTIES.
The City Manager shall be responsible to the Council for the proper
administration 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
concerning the operations of City departments, offices, and agencies
subject to his theirthe City Manager’s direction and supervision.
(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,
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and equipment required by any office department, or agency of the City
government and recommend them to the Council for adoption.
(h)(g) See that all laws, provisions of this Charter, and acts of
the Council, subject to enforcement by him or by officers subject to
his their direction and supervision, are faithfully executed.
(i)(h) 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
deliberations, but shall not have a vote.
Section 603. CITY 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 City 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 office of the City to serve until the City
Manager shall return of hisor their 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 discontinued 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 supervision of the
Manager. With the consent of the Council, the Manager may serve as the
departmental administrator director of one or more such departments,
offices or agencies or may appoint one person as the departmental
administrator director of two or more of them.
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(c)(b) Not inconsistent with this Charter, the Council may
provide for the number, titles, qualifications, powers, duties, and
compensation of all officers and employees.
(d)(c) 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 of other evidence of
competence.
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 they shall serve as chief legal adviser to
the Council, the City Manager, and all City departments, offices, and
agencies; he they shall represent the City in all legal proceedings and
shall perform such other duties as may be prescribed by the Council.
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. FINANCE OFFICE. The City Manager shall
appoint an individual responsible for the Finance Office 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 government
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 ensure 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 regularity, 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 or theirhis designee, if the Council has not acted, and
in compliance with all applicable laws.
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(e)
(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 property
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 Finance Office
who shall be appointed and may be removed by the Director of
Administrative Services subject to the approval of the City Manager. The
Treasurer shall perform those duties required by law, assigned by the
Director of Administrative Services, and those provided by ordinance or
resolution.
Section 703. PLANNING OFFICE. The City Manager shall
appoint an individual responsible for the Planning Office who shall:
(a) Advise the City Manager on any matter affecting the physical
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
CouncilCity Manager.
Section 704. DEPARTMENTAL
ADMINISTRATORSDIRECTORS.
APPOINTIVE POWERS. Each departmental administrator directors
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 their 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.
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Section 705. PERSONAL FI NANCIAL INTEREST.
Except as permitted by the Governmental 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
contractor supplying the City shall make known that interest and shall
refrain from voting upon or otherwise participating in his their 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 violates the
requirements of this section shall be guilty of malfeasance in office or
position and shall forfeit his their office or position. Violation 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 administrator director and such of hisor their
deputies as theyhe may designate shall have the power to administer
oaths and affirmations in connection with any official business
pertaining to theirhis 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 of the City of Arcadia shall be deemed
thereby to have resigned from theirhis 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 theirs his within such degree
to any such position.
Section 709. OFFICIAL BONDS. The Council shall fix by
ordinance or resolution the amounts and terms of the official bonds of all
officers or employees who are required by ordinance or resolution to
give such bonds. All bonds shall be executed by a responsible 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.
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There shall be no personal liability upon, or any right to recover
against, a superior officer, or theirhis bond, for any wrongful act or omission
of his their subordinate, unless such superior officer was a party to, or
conspired in, such wrongful act or omission.
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
Human Resources Commission
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 determine 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
their successor qualifies; theyhe 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 their office, his
their successor shall be appointed for the unexpired term of said office.
The members thereof shall be appointed from the legally registered voters
of the City, and shall not hold any other City office or employment.
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A member who has held office on the same board or commission
for two consecutive four-year terms, excluding part or all of an
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. CHAIRMENCHAIRPERSON.
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 chairperson 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 Act,
shall apply to all meetings of boards and commissions and, subject to the
provisions of said Act, all meetings shall be open to the public.
The affirmative vote of a majority of the quorum of such board
or commission shall be necessary for it to take any action.
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.
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.
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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
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
consecutive 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 their office
shall become vacant and shall be so declared by the Council.
Section 806. PLANNING COMMISSION. There shall be
a City Planning 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
implementation 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 poli- cies 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.
(b)(c) Land Use Policies. Land use policies and regulations of
zoning and development standards, including but not limited to policies
contained within the General Plan, are municipal affairs and this Charter
shall prevail over state statutes regulating land use within the City. The
City Council shall have plenary authority over land use policies and
regulation of zoning and development standards.
Section 808. HUMAN RESOURCES COMMISSION.
POWERS AND DUTIES. There shall be a Human Resources
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Commission which shall:
(a) Recommend to the Council, after a public hearing thereon,
the adoption, amendment, or repeal of civil service rules and regulations.
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(b) Act in an advisory capacity to the Council on problems
concerning personnel administration.
(c)(a) 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)(b) Perform such other Human Resources and personnel related
duties as may be prescribed by the City Council.
(f)(c) Have the authority to issue subpoenas under penalty of
law.
Section 809. LIBRARY BOARD OF TRUS TEES.
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
departmental administratordirector, and pass upon and approve all
proposed appointments and removals by the Librarian.
(d) Subject to the approval of the CouncilAs established by
resolution or ordinance of the City 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.
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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
conflict 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. Councilmember.
2. City Manager, City Attorney, City Clerk, Chief of Police,
and Fire Chief. Assistants, deputies, management and
clerical and stenographic employees authorized for said
departmental administrators directors and designated by
the Council to be in the Unclassified Service.
3. All other departmental administratorsdirectors.
4. City Manager Pro Tempore.
5. Human Resources ManagerAdministrator.
6. The City Librarian.
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 any one 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.
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Section 902. APPOINTMENTS FROM CLASSIFIED
SERVICE POSITIONS. In the event an employee of the City holding
a position in the Classified Service is appointed to a position in the
Unclassified Service, and should thereafter within one year be removed
or resign therefrom, he they shall revert to his former position in the
Classified Service upon the same terms and conditions as if he they
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. The boards and officers having appointive power are
vested with the right to exercise the disciplinary and removal powers
provided in 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 any one calendar year, to demotion, or to removal from his their
position, but subject in each case to the right of the employee, other than one
serving a probationary period, to a hearing before the Human Resources
Commission in the manner set forth herein.
Such employee shall be entitled to receive upon his their
request, at the office of the board of officer taking such action, a written
statement in which shall be separately stated each of the charges against
him them upon which such suspension, demotion, or removal is based,
a copy of which statement shall be furnished to the City ClerkHuman
Resources for delivery to the Human Resources Commission. Such
statement shall be furnished such employee within two business days
after his their request therefor, which request must be filed in the office
of the City ClerkHuman Resources within ten days after he hasthey have
been notified of such demotion, removal, or suspension. If such
employee is absent from work, theyhe shall be deemed to be so notified
when such notice is mailed to his their last address on file with the City
by registered mail. He They shall have thirty days after receipt of such
statement within which to file with the City ClerkHuman Resources an
answer to such statement of charges should he desire to do so.
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In his their answer, or otherwise if no statement of charges has
been made available to him them as required, such employee may request
a hearing by the Human Resources Commission 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 notification, such answer or request for a hearing shall
be filed in the office of the City Clerk in Human Resources for
delivery to the Human Resources Commission. Hearings may be
conducted informally and the rules of evidence need not apply.
The Human Resources Commission shall make written findings
which shall state as to each charge whether or not such charge is
sustained. Such Commission 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 and the parties involved , the officer
from whose action the appeal was taken, and the Council..
The recommendations of the Human Resources Commission
shall be advisory only. The City Manager shall make a final decision
with respect to such recommendations, and his their decision shall be
final and conclusive and no further appeal shall be taken therefrom.
When an appeal is taken to the Human Resources Commission
from an order of dismissal, the vacancy in the position shall be considered
a temporary vacancy pending final action by the Human Resources
Commission and may be filled only by a temporary appointment.
Section 905. POLITICAL ACTIVITIES PROHIBITED.
Any City employee, upon becoming a candidate for an elective public
office of the City of Arcadia, shall be required to take and shall 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 facilities of the City
for the purpose of furthering a political campaign for public office.
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Section 906. PROHIBITIONS. GENERAL.
(a) No person shall be appointed, removed, favored, or
discriminated against with respect to any City position or office because
of race, sex, political or religious opinions or affiliations.
(b) No person shall willfully make any false statement,
certificate, mark, rating, or report in regard to any test, certification, 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.
(c) No person who seeks appointment or promotion with
respect to any City position or office shall directly or indirectly give,
render, or pay or offer to give, render, or pay any money, service, or other
valuable thing to any person for or in connection with his their 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 themselves or with another
willfully violates any provisions of subdivisions (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 forfeit
his their office or position if he bethey are an officer or employee of the
City.
ARTICLE X
RETIREMENT
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.
25
26
ARTICLE XI
ELECTIONS
Section 1100. GENERAL MUNICIPAL ELECTIONS.
Commencing with the election of November 8, 2022, general municipal
elections for the election of officers and for such purposes as the Council
may prescribe shall be held in the City on the first Tuesday after the first
Monday in November in each even-numbered year, except as otherwise
provided by ordinance of the Council. 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. P R O C E D U R E F O R H O L D I N G
ELECTIONS. Unless otherwise 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 initiative 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.
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
27
MESSAGE. On or before the twenty-fifth day of May of each year, or
at such other time as the Council may prescribe, the City Manager
shall submit to the Council a budget for the ensuing fiscal year
and an accompanying message.
28
The City 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 City 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 City Manager deems desirable or the City Council may require. In
organizing the budget the City 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 property tax levy, and all proposed
expenditures, including debt service, for the ensuing fiscal year; and
shall be so arranged as to show comparative figures for actual and
estimated income and expenditures 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 practicable,
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 cost in excess of $30,000 as established by Council
resolution or ordinance.
29
(a) Submission to City Council. The City Manager shall
prepare and submit to the Council a five-year capital program no later than
the final date for submission of the budget.
(a)
(a)(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
recommended time schedules for each such
improvement; and
4. The estimated annual cost of operating and
maintaining 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
construction or acquisition.
Section 1204. COUNCIL ACTION ON BUDGET.
(a) Notice and Hearing. The City Clerk 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.
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 budget 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 prorated accordingly, until such time as the Council
adopts a budget for the ensuing fiscal year.
30
Section 1205. COUNCIL ACTION ON CAPITAL
PROGRAM.
(a) Notice and Hearing. The City Clerk 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.
Section 1206. PUBLIC RECORDS. Copies of the budget and
the capital program as adopted shall be public records and shall be made
available to the public at suitable places in the City.
Section 1207. AMENDMENTS AFTER ADOPTION.
(a) Supplemental Appropriations. If during the fiscal year the
City 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 City Manager that the revenues available
will be insufficient to meet the amount appropriated, he they shall
report to the Council without delay, indicating the estimated amount of
the deficit, any remedial action taken by himthem, and his their
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 and deficit, and for the purpose it may by resolution reduce
one or more appropriations.
(c) Transfer of Appropriations. At any time during the fiscal
year the City Manager may transfer part or all of any unencumbered
appropriation balance among programs within a department, office or
agency and, upon written request by the City Manager, the Council
may by resolution transfer part of all of any unencumbered
appropriation balance from one department, office, or agency to another.
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(c)
(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 appropriations 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 appropriation shall
be deemed abandoned if three years pass without any disbursement 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 additional 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 of judgments due and
unpaid, or to become due during the ensuing fiscal year,
which constitute general obligations of the City; and
30
1.
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
obligation 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 contract involving an expenditure of more than Thirty
Thousand Dollars ($30,000)in an amount determined by Council
resolution or ordinance for public works construction or improvement
shall be let to the lowest responsible bidder after notice by publication
in a newspaper of general circulation by two (2) insertions, the first of
which shall be at least ten (10) days before the time for opening
bids. The Council may reject any and all bids presented and may
readvertise at its discretion. Such contract may be let without advertising
for bids if such purchase 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 (4) affirmative votes of
the Council and containing a declaration of the facts constituting the
urgency. The Council shall have the right to waive any minor
informality, technicality, variance or alteration in a bid. This section shall
not apply to work done by the City with its own personnel if the Council
determines that such work can be performed more economically by
City forces than by contracting for such workthrough a competitive
31
selection process under such rules as the Council may prescribe. The
Council may establish exceptions to this competitive process requirement,
provided that the Council finds that the exception will be in the best
interest of the City.
32
Section 121533. CASH BASIS FUND. The Council shall
maintain unrestricted cash reserves that are adequate for the purpose of
placing the payment of the operating expenses of the City on a cash
basis. Said reserves shall consist of cash funds 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 longer
necessary period of the succeeding fiscal year prior to the receipt of ad
valorem tax revenues.
Section 121464. 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 individual in charge of the Ffinance Ooffice,
who shall examine the same. If the amount thereof is legally due and
there remains on the books an unexhausted balance of an appropriation
against which the same may be charged, such individual shall approve
such demand and draw a warrant on the Treasurer therefor, payable out
of the proper fund.
The individual in charge of the Ffinance Ooffice shall transmit
such demand, with 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 121575. 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 121686. CLAIMS AGAINST THE CITY. The Council
by ordinance 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.
33
Section 121977. INDEPENDENT AUDIT. The 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 Council and
at such other times as theyhe 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 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 Council, one copy thereof
to be submitted by such accountant to the Council, one copy thereof
to be distributed to each member, one to the City Manager, 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.
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 exercising 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 prescribe 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. TERMS 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.
34
Section 10321302. 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 proceeding of any character
in excess of any amount actually paid by the grantee to the City at the
time of the grant.
Section 1303. P R O C E D U R E F O R G R A N T I N G
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
Constitution and general laws of the State of California, is hereby vested
in a Board of Education consisting of five members who shall be voters
35
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.
36
Section 1401. TERM OF OFFICE. The members of such
Board of Education shall be elected from the school district at large and
shall hold office for the term of four years, and until their successors are
elected and duly qualified.
Section 1402. ELECTION. School board elections shall be
held on the third Tuesday on April of each odd-numbered year. The
members of such Board of Education holding office at the time this
Charter becomes effective shall continue in office for their respective
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 for the
Board of Education, there shall be printed, stamped, or written the name
of each candidate for such office who has filed the required documents
pursuant to the requirements of the general law of the State relating to
the election of Boards 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 or before the
second Tuesday 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, one of their number Vice President, and one of their
number Clerk, 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, recorded 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.
37
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 the
Superintendent of Schools as Secretary to the Board and shall prescribe
the duties 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.
ARTICLE XV
MISCELLANEOUS
Section 1500. DEFINITIONS. Unless the provision or the
context otherwise requires, as used in this Charter:
(a) “Shall” is mandatory, and “may” is permissive.
(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) “Councilmember” is a member of the Council.
(e) “Departmental administratordirector” 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 of commission, the City Manager, and a departmental administrator
director 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.
(l) The masculine, feminine, and neuter genders shall be
interchangeable, as shall be the singular and plural. In particular, the terms
“they,” “their” and “them” are intended to be the singular where the
context so indicates.
38
Section 1501. VIOLATIONS. A violation of this Charter or
of any ordinance of the City shall constitute a misdemeanor or infraction
as deemed by ordinance of the City 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 Attorney on behalf of the City. The maximum fine or
penalty for any violation of a City ordinance shall be that sum authorized
by State Penal Code provisions applicable to misdemeanors, or a term
of imprisonment for a period not exceeding six months, or both such fine
and imprisonment.
Section 1502. VALIDITY. If any provision of the Charter, or
the application thereof to any person or circumstance is held invalid, the
remainder of the Charter, and the application of such provision to other
persons or circumstances, shall not be affected thereby.
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CHARTER INDEX (UPDATE PENDING)
References are to section or
article numbers and to pages
Subject, section Page
-A-
Absence from meetings
Councilmembers, 403(b)(4) ................................................................ 4
members of boards, 805 .................................................................... 19
Appropriation, see Budget
Attorney, City, 701 ................................................................................ 14
Audit
annual independent, 1217 ................................................................. 32
by Finance Office, 702(d), 1214 . . . . . . . . . . . . . . . . . . . . . . . . 14, 31
of bills and demands, 1214 ............................................................... 31
-B-
Bidding, 1212 ........................................................................................ 30
Boards and Commissions, Art. VIII......................................................... 7
absence of members, 805 .................................................................. 19
action, requisite vote, 804 ................................................................. 18
appointment of members, 802, 805 . . . . . . . . . . . . . . . . . . . . . . 17, 19
appropriations for, 801 ...................................................................... 17
compensation and expenses, 805 ...................................................... 18
creation of other boards, 800 ............................................................ 17
Human Resources Commission, 808 ................................................ 19
Library Board, 809 ............................................................................ 20
meetings, 804 .................................................................................... 18
members, number and qualifications, 802 ........................................ 17
Planning Commission, 806 ............................................................... 19
Recreation and Parks Commission, 810 ........................................... 20
removal of members, 802, 805 . . . . . . . . . . . . . . . . . . . . . . . . . 17, 19
rules and procedures, 804 ................................................................. 18
40
Subject, section Page
term of office, 802 ................................................................................. 17
number of terms, 802 ........................................................................ 18
vacancy on, 805 ................................................................................ 19
Board of Education, 1400...................................................................... 33
Bonded debt limit, 1211 ............................................................................. 30
Bonds
fidelity, 709 ....................................................................................... 16
general obligation, 1211 ........................................................................ 30
Boundaries, City, 100 .............................................................................. 1
Budget
adoption of, 1204(b) ......................................................................... 27
constitutes appropriation, 1204(b) ................................................ 27
appropriations, 1207, 1208. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28, 29
lapse of, 1208 ............................................................................... 29
amendment of, 1207 .......................................................................... 28
boards and commissions, 801 ........................................................... 17
budget message, 1201 ....................................................................... 25
capital program, 1203, 1205 . . . . . . . . . . . . . . . . . . . . . . . . . . . 26, 28
contents, 1202 ................................................................................... 26
copies available, 1206 ....................................................................... 28
expenses and income,
Finance Office to estimate, 702(b) ............................................... 14
failure to adopt, 1204(b) ................................................................... 27
limit on expenditures, 1202 ............................................................... 26
manager to prepare and administer, 601(c) ....................................... 12
public hearing, 1204 ......................................................................... 27
summary of, publication, 1204(a) ..................................................... 27
time of adoption, 1204(b) ................................................................. 27
time of submission, 1201 .................................................................. 25
-C-
Capital program, 1203 ........................................................................... 26
Council action on, 1205 .................................................................... 28
copies available, 1206 ....................................................................... 28
lapse of appropriations, 1208 ............................................................ 29
participation by Planning Office, 703(d) ........................................... 15
41
Subject, section Page
Cash Basis Fund, 1213 .......................................................................... 31
Citizen participation at Council meetings, 414 . . . . . . . . . . . . . . . . . . 7
City, see Attorney, Clerk, Council, etc.
boundaries, 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
name of, 100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
powers, 200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
vested in Council, 405 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
City Council, Art. IV, see Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Civil Service, Art. IX, see Employees ................................................... 21
Claims against the City, 1216 ............................................................... 31
Classified service, see Employees
Clerk, City, Art. V ................................................................................. 10
Code, Arcadia Municipal, 418 ................................................................ 9
Codes, adoption by reference, 417 .......................................................... 8
Commissions, see Boards and Commissions
Compensation
boards and commissions, 805 ........................................................... 18
City Clerk, 504 ................................................................................. 11
City Council, 402 ................................................................................ 3
employees, 700(c) ............................................................................. 14
Conflict of Interest, 705 ........................................................................ 16
Contracts
for publishing legal notices, 420 ......................................................... 9
illegal interest in, 705 ....................................................................... 16
public works, 1212 ............................................................................ 30
Council, see also Councilmembers
appointments by
attorney, 701 ................................................................................. 14
manager, 600 ................................................................................ 11
members of boards and commissions, 802 ................................... 17
demands, approval of 1214 ............................................................... 31
Mayor, Mayor Pro Tempore, 404. . . . . . . . . . . . . . . . . . . . . . . . . . . 5
members, number of, 400 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
meetings
adjourned, 409 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
citizen participation, 414 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
compelling attendance of councilmembers, 410 . . . . . . . . . . . . . 6
disorderly conduct, 413 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
40
Subject, section Page
emergency meetings (special), 408, 412 . . . . . . . . . . . . . . . . . . 6, 7
executive session, 411 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
holidays, 407 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
open meetings, 411 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
place of, 412 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
quorum, 410 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Ralph M. Brown Act, 411 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
record of, 413. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
regular meetings, 407 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
rules, 413 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
special meeting, 408 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
time and frequency, 407 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
powers of City vested in, 405 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
removal of member, 403 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
rules, 413 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
vacancy, 403. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
declaration of, judicial review, 403(b). . . . . . . . . . . . . . . . . . . . . 4
filling, 403(c)(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 5
Council-Manager form of Government, 300 ........................................... 2
Councilmembers, see also Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
absence from meetings, 403(b)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . 4
attendance at meetings, compelled, 410 . . . . . . . . . . . . . . . . . . . . . 6
compensation, 402 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
contracts, illegal interest, 705 ........................................................... 16
elected at large, 400 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
election, tie vote, 400 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
eligibility for office, 401 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
forfeiture of office, 403(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
holding City office or employment, 406(a) . . . . . . . . . . . . . . . . . . . 5
holding other public office, 403(b)(5) . . . . . . . . . . . . . . . . . . . . . . . 4
interference in administrative matters, 406(b). . . . . . . . . . . . . . . . . 5
removal, resignation, 403. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
term of office, 400 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
number of terms, 401. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
41
Subject, section Page
-D-
Debt, bonded, 1211 .................................................................................... 30
Definitions, 1500 ................................................................................... 35
Demands, payment, 1214 ...................................................................... 31
Departmental administratordirector
appointed by Manager, 601(a) .......................................................... 12
contracts, illegal interest in, 705 ....................................................... 16
defined, 1500(e) ................................................................................ 35
direction of by manager, 700(b) ........................................................ 13
holding elective office, 707 .............................................................. 16
Manager as, 700(b) ........................................................................... 13
power to appoint, suspend
and remove employees, 704, 904 . . . . . . . . . . . . . . . . . . . . . 15, 22
to give oaths, 706 ......................................................................... 16
Departments, 700 .................................................................................. 13
City Attorney, 701 ............................................................................. 14
City Clerk, 500 ................................................................................. 10
City Manager, 600 ............................................................................ 11
creation of, 700(a) ............................................................................. 13
Finance, 702 ...................................................................................... 14
Library, 809 ....................................................................................... 20
Planning, 703 .................................................................................... 15
Disciplinary action, see Employees
Discrimination, prohibited, 906(a) ........................................................ 24
-E-
Election
bonded indebtedness, 1211 ................................................................... 30
Council vacancies, 403(c) ................................................................... 4
general municipal, 1100 ........................................................................ 25
initiative, referendum and recall, 1103 ................................................ 25
Mayor, 404 .......................................................................................... 5
procedure for holding, 1102 .................................................................. 25
special municipal, 1101 ......................................................................... 25
tax limits, 1209(a) ............................................................................. 29
42
Subject, section Page
tie vote, 400 ........................................................................................ 3
Emergency
meeting of Council (special meeting), 408, 412 . . . . . . . . . . . . . . 6, 7
ordinance, 415, 419(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 9
public works contracts, 1212 ............................................................ 30
Employees
applicants, 903 .................................................................................. 22
appointment, removal, etc., 601(a), 704 . . . . . . . . . . . . . . . . . . 12, 15
904, 906 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22, 24
classified - unclassified positions
listed, 901 ..................................................................................... 21
transfer between, 902 .................................................................... 22
compensation, 700(c) ........................................................................ 14
disciplinary action, 601(a), 904, 906(d). . . . . . . . . . . . . . . . 12, 22, 24
discrimination, 906(a) ....................................................................... 24
holding elective office, 707 ............................................................... 16
interest in contracts, 705 ................................................................... 16
merit principle, 700(d) ...................................................................... 14
political activity, 905 ......................................................................... 23
prohibited actions
generally, 906................................................................................ 24
penalties, 906(d) ........................................................................... 24
political, 905 ................................................................................. 23
removal and suspension, 601(a), 904. . . . . . . . . . . . . . . . . . . . . 12, 22
retirement, 1000 ................................................................................ 24
testing, exams, 903, 906(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22, 24
vacancy, filling, 904 .......................................................................... 23
-F-
Finance Office, 702 ............................................................................... 14
audit of demands, 1214 ..................................................................... 31
Financial report
annual, 601(d) ................................................................................... 12
monthly, 702(f) ................................................................................. 15
Fines, Charter and ordinance violation, 1501 ....................................... 36
43
Subject, section Page
Fiscal administration, Art. XII ............................................................... 25
Fiscal year, 1200 ................................................................................... 25
Form of government, 300 ........................................................................ 2
Franchises, Art. XIII ............................................................................... 32
-G-
General Plan, 703(b), 806, 807 . . . . . . . . . . . . . . . . . . . . . . . . . . . 15, 19
-H-
Holiday, Council meeting on, 407 .......................................................... 6
Human Resources Commission, see also Boards and Commissions
hearing, 904 ...................................................................................... 22
powers and duties, 808, 904. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19, 22
-I-
Illegal interest in contract, 705 .............................................................. 16
Initiative, 1103 ............................................................................................ 25
Interference in administrative service, 406(b) ......................................... 5
Intergovernmental relations, 201 ............................................................. 2
-L-
Legal notices, publication, 420 ............................................................... 9
Librarian, 809(c) ................................................................................... 20
Library Board, 809 ................................................................................ 20
-M-
Manager, City, Art. VI ............................................................................. 11
appointment and removal, 600 .......................................................... 11
44
Subject, section Page
budget message, 1201 ....................................................................... 25
demands, approval of, 1214 .............................................................. 31
direction and supervision of departments, 700(b) ............................. 13
Manager Pro Tempore, 603 ............................................................... 13
outside employment, 600 .................................................................. 12
powers and duties, 601, 700(b), 904 . . . . . . . . . . . . . . . . . . 12, 13, 23
reduction of appropriations, 1207(b) ................................................ 28
Mayor - Mayor Pro Tempore, 404 .......................................................... 5
Meetings, see Council, Boards and Commissions
Merit principle, 700(d) .......................................................................... 14
Misdemeanor, violation of Charter or ordinance, 1501 ......................... 36
Money, order for payment, 415, 1214 . . . . . . . . . . . . . . . . . . . . . . . 8, 31
Municipal Code, 418 ............................................................................... 9
-N-
Nepotism, 708 ....................................................................................... 16
Newspaper, official, 420 .......................................................................... 9
-O-
Oaths, administering of
City Clerk, 505(e) ............................................................................. 11
Councilmembers, 413 ......................................................................... 7
departmental administratorsdirectors, 706 ........................................ 16
Officers, see also Departmental administrator director defined, 1500(i)
............................................................................................................... 35
Ordinances
adoption of, 415 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
recording vote, 413 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
adoption of codes by reference, 417 . . . . . . . . . . . . . . . . . . . . . . . . 8
effective, when , 419 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
emergency, 415 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
publication, 416 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
signature of Mayor and City Clerk, 415 . . . . . . . . . . . . . . . . . . . . . 8
45
Subject, section Page
-P-
Parks, see Recreation
Penalty, violation of Charter, 403(b), 705 . . . . . . . . . . . . . . . . . . . . 4, 16
906(d), 1501 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24, 36
violation of ordinance, 1501 ............................................................. 36
Pensions, see Retirement
Planning Commission, see also Boards and Commissions, 806 ........... 19
Planning Office, 703 ............................................................................. 15
Police, Chief of, 901(a)(2) .................................................................... 21
Political activities, prohibitions, 905 ..................................................... 23
Publication of legal notices, 420 ............................................................. 9
Public accountant, audit by, 1217 ......................................................... 32
Public Works contracts, 1212 ................................................................ 30
-Q-
Quorum
Commissions, 804 ............................................................................. 18
Council, 410 ........................................................................................ 6
ordinances and resolutions, 415 ...................................................... 8
-R-
Ralph M. Brown Act. 411 ............................................................................ 7
Recall, 1103 ................................................................................................. 25
Recreation and Parks Commission, see also Boards and
Commissions, 810 ............................................................................. 20
Referendum, 1103....................................................................................... 25
Resolutions
adoption, 415 ...................................................................................... 8
recording vote, 413 ............................................................................. 7
Retirement systems, 1000 ...................................................................... 24
Revolving fund, see Cash Basis Fund
46
Subject, section Page
-S-
Salaries, see Compensation
Seal, City, 505(d) ................................................................................... 11
Subpoenas, 413 ........................................................................................ 7
-T-
Taxes, property, 1209, 1210 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29, 30
Term of office
Boards and Commissions, 802 .......................................................... 17
Clerk, 500 ......................................................................................... 10
Councilmembers, 400 ......................................................................... 3
Treasurer, 702, 1214 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15, 31
-V-
Violations of Charter, 403(b), 705 . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 16
906(d), 1501 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24, 36
Violation of ordinance, 1501 ................................................................. 36
-W-
Warrants, unpaid, 1215 .......................................................................... 31
Witnesses, 413 ......................................................................................... 7
CHARTER
OF THE
CITY OF ARCADIA
(Amended to May 12, 1998)
HISTORY
THE ORIGINAL CITY CHARTER WAS ADOPTED AT A
SPECIAL ELECTION HELD ON APRIL 24, 1951, CERTIFIED
BY THE CALIFORNIA SECRETARY OF STATE, AND
BECAME EFFECTIVE MAY 15, 1951.
AMENDMENTS
ELECTION: EFFECTIVE:
November 6, 1956 January 15, 1957
February 2, 1965 March 31, 1965
November 5, 1968 January 16, 1969
September 15, 1992 October 22, 1992
April 9, 1996 May 16, 1996
April 14, 1998 May 12, 1998
November 8, 2022 DATE
Arcadia, California
NOTES
NOTES
NOTES