HomeMy WebLinkAboutItem 12d - Placing Measures on the November 8, 2022, Ballot
DATE: July 19, 2022
TO: Honorable Mayor and City Council
FROM: Dominic Lazzaretto, City Manager
By: Dr. Jennifer Brutus, Senior Management Analyst
SUBJECT: RESOLUTIONS RELATING TO THE PLACEMENT OF BALLOT
MEASURES AT THE GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 8, 2022
RESOLUTION NO. 7451 SUBMITTING TO THE QUALIFIED VOTERS
OF THE CITY A PROPOSED AMENDMENT TO THE CITY CHARTER
REGARDING THE ELECTION OF MEMBERS OF THE CITY COUNCIL
BY DISTRICTS, THE DATE OF THE CITY’S GENERAL MUNICIPAL
ELECTION, THE FILLING OF CITY COUNCIL VACANCIES, CHANGING
THE POSITION OF CITY CLERK FROM ELECTED TO APPOINTED,
ESTABLISHING A CITY PROSECUTOR, MODIFYING CITY
PROCUREMENT PROCEDURES, AND MAKING OTHER TECHNICAL
CHANGES TO THE CITY CHARTER; AT A GENERAL MUNICIPAL
ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD NOVEMBER 8, 2022; DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE
PROPOSED CHARTER AMENDMENT AND PROVIDING FOR THE
FILING OF PRIMARY AND REBUTTAL ARGUMENTS AND SETTING
RULES FOR THE FILING OF WRITTEN ARGUMENTS REGARDING
THE PROPOSED CHARTER AMENDMENT
Recommendation: Adopt
RESOLUTION NO. 7452 CALLING FOR THE PLACEMENT OF A
GENERAL TAX MEASURE ON THE NOVEMBER 8, 2022, GENERAL
MUNICIPAL ELECTION BALLOT FOR THE SUBMISSION TO THE
QUALIFIED VOTERS OF A PROPOSED ORDINANCE AMENDING THE
CITY’S TRANSIENT OCCUPANCY TAX (“HOTEL TAX”) BY
INCREASING THE MAXIMUM RATE FROM 10% TO 12%;
REQUESTING THE COUNTY OF LOS ANGELES TO CONSOLIDATE
SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION OF
EVEN DATE; AND SETTING RULES AND DEADLINES FOR
ARGUMENTS AND REBUTTALS FOR AND AGAINST THE MEASURE
Recommendation: Adopt
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RESOLUTION NO. 7453 CALLING FOR THE PLACEMENT OF A
GENERAL TAX MEASURE ON THE NOVEMBER 8, 2022, GENERAL
MUNICIPAL ELECTION BALLOT FOR THE SUBMISSION TO THE
QUALIFIED VOTERS OF A PROPOSED ORDINANCE ESTABLISHING
A SPORTS WAGERING TAX AT A RATE OF UP TO 5% OF SPORTS
WAGERING GROSS REVENUES RECEIVED BY QUALIFYING
BUSINESSES WITHIN THE CITY; REQUESTING THE COUNTY OF LOS
ANGELES TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE
GENERAL ELECTION OF EVEN DATE; AND SETTING RULES AND
DEADLINES FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST
THE MEASURE
Recommendation: Adopt
SUMMARY
The City is in need of updating its Charter in order to conform with various state laws,
such as moving the election date to November in even numbered years and moving to
district-based voting. The City Council, with the assistance of input from a citizen
Charter Review Committee, has completed its review of the document and has
prepared amendments for consideration. Proposed amendments include removing
outdated provisions, providing the City Council more legislative flexibility for the
administration of City services, and streamlining municipal functions for 21st Century
governance.
After a series of study sessions and public hearings to discuss the Charter Review
Committee’s recommendations and receive community feedback on the proposed
amendments, at the direction of the City Council, Resolution No. 7451 (Attachment “A”)
will submit to qualified voters of the City a question to adopt a newly amended Arcadia
City Charter at the November 8, 2022, General Municipal Election.
Of note, since the last discussion on this item, additional proposed language has been
inserted under the City Attorney section (Section 701), which would enable, but not
require, the City Attorney to act as the City Prosecutor for enforcement of local
ordinances and state misdemeanors.
Further, the City Council has also directed staff to prepare two revenue measures for
placement on the November 8, 2022, ballot to increase locally controlled funding for
public safety response, street repair and maintenance, park construction and
maintenance, and for general government use. The first measure described in
Resolution No. 7452 (Attachment “B”), proposes to increase the Transient Occupancy
Tax (“TOT”), more commonly known has the Hotel Tax, from the current rate of 10% to
a new rate of 12%. The 2% tax increase will align the City’s TOT to a rate that is similar
to neighboring cities. The increase is expected to generate approximately $730,000 in
additional revenue annually.
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The second measure described in Resolution No. 7543 (Attachment “C”), proposes to
enact a local sports wagering tax of up to 5% of sports wagering gross revenues
received by qualifying businesses within the City if sports betting becomes legal in
California. Currently, there are two Statewide measures that have qualified for the
November 8, 2022, ballot, one of which would license sports wagering at Native
American tribal casinos and established horse racing facilities like Santa Anita Park.
The new Sports Wagering Tax (“SWT”) is expected to generate approximately $1
million in locally controlled revenue annually for the City’s General Fund.
It is recommended that the City Council adopt Resolution No. 7451, Resolution No.
7452, and Resolution No. 7453, placing ballot measures before Arcadia voters at the
November 8, 2022, General Municipal Election, to adopt an updated Arcadia City
Charter, increase the City’s Transient Occupancy Tax, and enact a new Sports
Wagering Tax, and direct the City Clerk and City Attorney to take all necessary actions
as outlined in the Resolutions.
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. 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. 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.
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 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
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agendas and minutes can be found at ArcadiaCA.gov/CharterReview. 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, City Council compensation, and public works contract
authorities.
On February 18, 2022, the Committee concluded its review and transmitted its formal
recommendation on Charter amendments to the City Council. On March 18, 2022, the
City Council and Charter Review Committee held a Joint Special Meeting to discuss the
Committee’s recommendations. The City Council also discussed the placement of
measures to increase the City’s TOT as well as the establishment of a new local Sports
Wagering Tax, should sports betting become legal in California.
At the May 3, 2022, Study Session, the City Council concluded its review of proposed
Charter amendments and directed staff to schedule two public hearings pursuant to
Government Code Section 34458 to receive public input on the proposed amendments
to the Arcadia City Charter in order to prepare for submitting the document to voters at
the November 8, 2022, municipal election. The first public hearing was held on May 17,
2022. The second public hearing was held on June 21, 2022.
DISCUSSION
Below is a summary of proposed amendments recommended by the Charter Review
Committee, approved by the City Council, and incorporated in Resolution No. 7451, as
well as the ballot question. A copy of the amended City Charter can be found on the
City’s website at ArcadiaCA.gov/Measures.
“Shall the City Charter be amended to provide for election of City
Councilmembers by-district, to set the general municipal election
for the first Tuesday after the first Monday of November in even-
numbered years to align with the Statewide General Election
date, to amend the procedure to fill vacant elective offices, to
change the City Clerk from elected to appointed, to establish a
City Prosecutor, to modify City procurement procedures, and to
make other modernizing amendments?”
YES
NO
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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 amended with this change. Further, position titles have changed over time and
there are several edits throughout the document that make contemporary changes.
Section 400. City Council
The section was amended to reflect the change from at-large to by-district voting in
Arcadia.
Section 401. Eligibility
This section was amended to reflect that a Council Member must reside in the district
for which they seek election or appointment.
Further, 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 provided two
recommendations for the City Council to consider that would place a lifetime limit on the
number of terms allowed (Options 1 and 2 below). In addition, other alternatives have
been proposed resulting in the following list of term limit modifications, which would be
prospective:
Option 1. Modify the limit to be a lifetime cap of three terms, which may be
served consecutively. Under this proposal, a Council Member may serve for a
total of 12 years in a row.
Option 2. Modify the limit to be a lifetime cap 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 in a row and will be required to wait at least one
election cycle before they can run for their final term.
Option 3. Modify the limit to be a lifetime cap of two terms, which may be served
consecutively. Under this proposal, the Council Member may only serve a total of
eight years.
The City Council has not been able to reach consensus on any modification of term
limits. As a result, no amendment is being proposed to modify term limits at this time.
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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. This amendment increases the amount of time 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 amended to create a new mechanism if the City Council fails to fill
a vacancy or call for a Special Election to fill a vacancy. Under this amendment, 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.
Section 404. Mayor – Mayor Pro Tempore.
This amendment would establish a formal rotation system for the Mayor and Mayor Pro
Tem and each would serve a term of approximately 9.5 months so that each Council
Member will have the opportunity to serve in both positions during a 4-year term. It also
requires that the City Council establish a procedure for implementing the rotation by
ordinance or resolution.
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.
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. This
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.
Section 416. Ordinances. Publication.
The current 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 the publishing of ordinances can be costly. 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. It is recommended that the City Council approve City Hall, the Community
Center, and the Arcadia Public Library as the alternate sites.
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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 public review in the City Clerk’s Office and on the City’s website.
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.
Article V. City Clerk
This amendment eliminates the elected City Clerk position 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.
Section 701. City Attorney. Powers and Duties.
This amendment adds language to the Charter to allow the City Attorney to serve as the
City Prosecutor and prosecute any criminal cases arising from violations of the Charter
or City ordinances, and when authorized by law and the City Council, to also prosecute
misdemeanor cases arising from state law violations. This additional language would
provide flexibility to future City Councils to reestablish the office of the City Prosecutor if
the City felt it would be worthwhile to undertake the effort and expense in lieu of the
County District Attorney. In order to do so, a simple ordinance would be required to
establish the function and duties officially.
Section 807. General Plan.
This amendment 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.
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,
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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 Human Resources Commission and City Council have typically had no
comments on proposed amendments, so the steps have added little to no benefit to the
organization.
This amendment redefines the role of the Human Resources Commission 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.
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. While the section applies
specifically to the Library all City departments have been held to this same standard.
This amendment removes the requirement from this section and creates a new section
that clearly applies to donations received for all City purposes and requires the City
Council to adopt new donation threshold by ordinance or resolution. Please see Section
1218 below for further details.
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 in even
numbered years to coincide with statewide general elections.
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 nearly 25 years ago, the cost of public
improvements has increased significantly 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, formally
conduct the bidding process, and seek City Council approval of a purchase order of
nominal value. The current threshold is also anti-competitive as contractors tend to
refuse to bid on low-value projects that require formal bidding timelines and
documentation.
This amendment would allow the threshold amount of a capital expenditure in Section
1203 to be set by Council resolution or ordinance. This would allow the City Council to
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review and set a threshold amount which can be amended over time by additional City
Council action instead of requiring a future Charter amendment.
It is recommended that the definition of a capital project be established by resolution to
$60,000. A further explanation is detailed in the next section.
Section 1212. Contracts on Public Works Projects.
Like Section 1203 related to capital expenditures, the current Charter creates a
threshold amount of $30,000 for public works contracts which is currently less than what
State law allows. 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, this amendment would allow the contract
authority limit to be set by Council resolution or ordinance to create capacity for
adjustments over time.
Section 1218. Donations.
This amendment would create a new section in the Charter to allow the City Council to
set threshold amounts by ordinance or resolution for the administrative acceptance
donations for all municipal purposes. Donations in excess of the threshold amount will
still require City Council approval. It is recommended that this threshold be set at
$10,000.
Additional Ballot Measures for Consideration
Transient Occupancy Tax
At the May 3, 2022, Study Session, the City Council discussed increasing the City’s
Transient Occupancy Tax (“TOT”) from its current rate of 10%. The City Council
reviewed TOT rates for all Los Angeles County cities. TOT rates in Los Angeles County
cities range from 5% to 15%, with the vast majority of cities in the 10% - 12% range. 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.
An increase in the TOT rate from 10% to 12% would generate an estimated additional
$730,000 in annual revenue. Below is the question that will be submitted to voters:
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“Shall a measure be adopted to increase the maximum
rate of the City’s Transient Occupancy Tax (also
known as Hotel Tax) charged to guests of hotels and
any other overnight lodging facilities from a maximum
of 10% to 12% as of January 1, 2023, providing an
additional estimated $730,000 annually until ended by
voters for City services including public safety
response, street repair and maintenance, park
construction and maintenance and for general
government use?”
YES
NO
Sports Wagering Tax
Also, at the May 3, 2022, Study Session, the City Council discussed the utility of
imposing a Sports Wagering Tax and including the tax as a new Charter provision. Two
ballot measures have qualified for the November 2022 ballot that would legalize sports
wagering statewide. Proposition 26 would allow Native American tribes and horse track
operators such as Santa Anita Park to host a sports wager facility where betting can
occur. The other, Proposition 27, would allow sports wagering online.
Should Proposition 26 be approved by California voters, California Law would allow
Santa Anita Park to host a sports wagering facility on their premises. If Santa Anita Park
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 Proposition 26 creates a tax
scheme for the state to offset its costs, the proposed measure provides no local
revenue offset for the costs of providing these services.
At the Study Session, the City Council directed staff to prepare a ballot measure to
allow the City to tax this activity. The tax proposed is similar to the statewide measure
that has qualified for the ballot; however, instead of applying a 10% excise on Gross-
Gaming Revenue (“GGR”) like the state, the City’s tax is up to 5% of GGR. Below is the
question that will appear for voters to consider:
“Shall the measure to establish a Sports Wagering Tax
at a rate of up to 5% of sports wagering gross
revenues, providing approximately $1,000,000
annually until ended by voters for general government
use such as City parks, streets and public safety, be
adopted?"
YES
NO
Because a tax on sports wagering will be new, it is difficult to estimate what the tax base
is and what the annual revenue to the City will be. It is not inconceivable that the City
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could generate upwards of $1 million from this tax annually to help offset the impacts to
Arcadia’s infrastructure and services.
Every measure is subject to an arguments and impartial analysis period where
members of the City Council, eligible voters, a bona fide association of such citizens, or
any combination of voters and associations can file a written argument in favor or
against a measure. The City Council also has the option of delegating authority to write
an argument on behalf of the City Council to a two-member subcommittee. Per the
Elections Code, an argument submitted by a City Council’s subcommittee is printed in
the ballot. It is recommended that City Council provide direction on this matter.
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 three measures on the November 8, 2022, ballot is estimated
at $144,000 and has been included in the Fiscal Year 2022-23 budget. Should the
Charter amendment be adopted, it is anticipated that there will be some savings and
efficiencies over time related to fewer publications, printing, request for proposals, and
other operational improvements. If the TOT and Sports Wagering Tax are approved by
Arcadia voters, an estimated $1,730,000 in revenue could be generated annually for the
General Fund.
RECOMMENDATION
It is recommended that the City Council determine that this action is exempt under
CEQA; and adopt Resolution Nos. 7451, 7452, and 7453, placing ballot measures
before Arcadia voters at the November 8, 2022, General Municipal Election, to adopt an
updated Arcadia City Charter, increase the City’s Transient Occupancy Tax, and enact
a new Sports Wagering Tax, and direct the City Clerk and City Attorney to take all
necessary actions as outlined in the Resolutions.
Attachments: A. Resolution No. 7451, including Draft Charter Update
B. Resolution No. 7452
C. Resolution No. 7453
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RESOLUTION NO. 7451
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY
A PROPOSED AMENDMENT TO THE CITY CHARTER REGARDING
THE ELECTION OF MEMBERS OF THE CITY COUNCIL BY DISTRICTS,
THE DATE OF THE CITY’S GENERAL MUNICIPAL ELECTION, THE
FILLING OF CITY COUNCIL VACANCIES, CHANGING THE POSITION
OF CITY CLERK FROM ELECTED TO APPOINTED, ESTABLISHING A
CITY PROSECUTOR, MODIFYING CITY PROCUREMENT
PROCEDURES, AND MAKING OTHER TECHNICAL CHANGES TO THE
CITY CHARTER; AT A GENERAL MUNICIPAL ELECTION TO BE
CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE
HELD NOVEMBER 8, 2022; DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS OF THE PROPOSED CHARTER
AMENDMENT AND PROVIDING FOR THE FILING OF PRIMARY AND
REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF
WRITTEN ARGUMENTS REGARDING THE PROPOSED CHARTER
AMENDMENT
WHEREAS, pursuant to Arcadia Municipal Code, Section 1704, the City of
Arcadia (“City”) is currently governed by a City Council consisting of five councilmembers
elected by districts; and
WHEREAS, the City is also governed by an elected City Clerk elected at-large;
and
WHEREAS, Arcadia City Charter Section 400 provides that City Councilmembers
shall be elected at-large; and
WHEREAS, the California Voting Rights Act of 2001 (California Elections Code
Sections 14025-14032) prohibits cities from electing City Councilmembers at-large if that
method of election results in a protected minority class being unable, through vote
dilution, to elect the candidate of their preference or to influence an election, as defined
by the Voting Rights Act; and
Attachment "A"
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WHEREAS, on May 28, 2014, the Court of Appeal ruled in the case of Jauregui
v. City of Palmdale, that the Voting Rights Act addresses a matter of “statewide concern”
and, therefore, applies to charter cities including Arcadia; and
WHEREAS, cities that are found to have violated the Voting Rights Act can be
subject to a court order requiring a transition to a by-district election method and other
potential liability, including payment of plaintiff’s attorneys fees and costs; and
WHEREAS, on June 6, 2017, the City received a letter from a prospective plaintiff
and legal counsel, alleging that the City’s at-large City Council election system violated
the Voting Rights Act and demanding that the City change to a by-district election system
for City Councilmembers; and
WHEREAS, while the City Council did not in any way concede to the allegations,
in an effort to avoid costly litigation, on October 17, 2017, the City Council adopted
Ordinance No. 2350, adding Section 1704 to the Arcadia Municipal Code to transition
City Council elections from an at-large method to a by-district method with five districts,
effective with the April 10, 2018, General Municipal Election; and
WHEREAS, the City Council desires to put before the voters the question of
whether the City Charter shall be updated to provide for by-district City Council elections,
mirroring the City’s current Municipal Code which was adopted to comply with the
California Voting Rights Act; and
WHEREAS, Arcadia City Charter, Section 1100 currently provides that General
Municipal Elections for the election of officers shall be held on the second Tuesday in
April in each even-numbered year; and
WHEREAS, the California Voter Participation Rights Act (SB 415 – California
Elections Code sections 14050-14057) became law effective January 1, 2018. SB 415
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prohibits cities from holding general elections on dates other than on a statewide primary
or statewide general election date in even-numbered years, if holding an election on a
non-statewide election date has previously resulted in a “significant decrease in voter
turnout” as defined by SB 415; and
WHEREAS, cities that violate SB 415 can be subject to a court order requiring a
change of their election date and other potential liability, including payment of plaintiff’s
attorneys fees and costs; and
WHEREAS, the City’s General Municipal Election date under the Charter is not a
statewide election date; and
WHEREAS, according to County voting records, holding the General Municipal
Election in April of even-numbered years results in “a significant decrease in voter
turnout”, as defined by SB 415; and
WHEREAS, on July 11, 2017, the California Attorney General issued an opinion
stating that SB 415 applies to charter cities because improving voter turnout at elections
is a matter of “statewide concern”, in which case State law prevails over any conflicting
charter provision; and
WHEREAS, in order to comply with SB 415, on January 16, 2018, the City Council
adopted Ordinance No. 2352, amending Section 1700 of the Arcadia Municipal Code to
set the City’s General Municipal Election date to the first Tuesday after the first Monday
of November in even-numbered years – the Statewide General Election date – effective
with the November, 8, 2022, General Municipal Election; and
WHEREAS, on March 23, 2020, the Court of Appeal ruled in the case of City of
Redondo Beach v. Padilla, that SB 415 does not apply to charter cities if their charter
sets a different general election date; and
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WHEREAS, therefore, the City Council desires to put before the voters the
question of whether the City Charter shall be amended to set the general election date
for the first Tuesday or November of each even-numbered year to align with the
Statewide General Election date; and
WHEREAS, the City Council also desires to put before the voters the question of
whether the time period to fill vacancies in City elective offices should be increased from
30 days to 60 days as well as other amendments to the vacancy procedure; and
WHEREAS, the City Council also desires to put before the voters the question of
whether the Office of City Clerk shall remain elective or change to an appointive office;
and
WHEREAS, the City Council also desires to put before the voters the question of
whether to establish a City Prosecutor; and
WHEREAS, the City Council further desires to put before the voters other updates
and modifications to the City Charter to reflect current procedures, conventions and
standards in local government; and
WHEREAS, pursuant to authority provided by California Constitution, Article XI,
Arcadia City Charter Section 1102, California Government Code Sections 34450 et. seq.
and California Elections Code Sections 1415 and 9255, the City Council of the City of
Arcadia desires to submit to the voters a proposed amendment to the City Charter which
would provide for the election of City Councilmembers by-district, set the general
municipal election for the first Tuesday after the first Monday of November of even-
numbered years, amend the deadlines and procedures for filling vacancies in City
elective offices, change the Office of City Clerk from an elective to an appointive office,
5
and make other updates and modifications, as more specifically set forth therein (the
“Charter Amendment” or “Measure”); and
WHEREAS, California Constitution, Article XI, Section 3, requires that any charter
amendment be approved by a majority of City voters voting at an election called for that
purpose; and
WHEREAS, pursuant to California Government Code Section 34458(b), the City
Council held a duly noticed public hearing on May 17, 2022, and a second duly noticed
public hearing on June 21, 2022, to hear public comment and testimony and to consider
the Charter Amendment, with the first and second public hearing being held at 7 p.m.,
outside normal City business hours; and
WHEREAS, pursuant to California Government Code Section 34458(b), this
resolution is being adopted at a City Council meeting which is at least twenty-one (21)
calendar days after the second public hearing referenced above; and
WHEREAS, pursuant to California Elections Code Sections 1415 and 9255, the
City Council is authorized by statute to submit the proposed Charter Amendment to the
voters at the General Municipal Election to be held on November 8, 2022; and
WHEREAS, the City Council desires to consolidate the General Municipal
Election for the Charter Amendment described herein with the Statewide General
Election to be held on November 8, 2022; and
WHEREAS, the City Council further desires to set deadlines and rules for primary
and rebuttal arguments for and against the Charter Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
6
SECTION 1. Recitals. The City Council hereby finds and determines that the
foregoing recitals are true and correct, are incorporated herein and by this reference
made an operative part hereof.
SECTION 2. Submission of Charter Amendment. The City Council pursuant to
its right and authority as contained in California Constitution, Art. XI, Section 3, Arcadia
City Charter Section 1102, California Government Code, Sections 34450 et. seq., and
California Elections Code, Sections 1415 and 9255, and any other applicable
requirements of the laws of the State of California relating to charter cities, hereby calls
and orders to be held a General Municipal Election in the City of Arcadia to be
consolidated with the Statewide General Election on Tuesday, November 8, 2022, for the
purpose of submitting to a vote of the qualified electors of the City of Arcadia the following
proposed Charter Amendment:
“Shall the City Charter be amended to provide for election of City
Councilmembers by-district, to set the general municipal election
for the first Tuesday after the first Monday of November in even-
numbered years to align with the Statewide General Election date,
to amend the procedure to fill vacant elective offices, to change
the City Clerk from elected to appointed, to establish a City
Prosecutor, to modify City procurement procedures, and to make
other modernizing amendments?”
YES
NO
SECTION 3. Text of Charter Amendment. The text of the Charter Amendment
to be submitted to the voters is attached hereto as Exhibit “A” and incorporated herein by
this reference.
7
SECTION 4. Election Procedures.
A. Request for Consolidation. Pursuant to the requirements of
§10403 of the Elections Code, the Board of Supervisors of the
County of Los Angeles is hereby requested to consent and agree to
the consolidation of a General Municipal Election with the Statewide
General Election on Tuesday, November 8, 2022, for the purpose of
submitting to the voters the Charter Amendment.
B. Necessary Steps. The Board of Supervisors is requested to issue
instructions to the Los Angeles County Registrar of Voters/Elections
Official to take any and all steps necessary for the holding of the
consolidated election.
C. Canvass of Returns. The Los Angeles County Registrar of
Voters/Elections Official is authorized to canvass the returns and
perform all other proceedings incidental to and connected with the
General Municipal Election for the Charter Amendment. The
Election shall be held in all respects as if there were only one
election, and only one form of ballot shall be used. Pursuant to
California Elections Code Sections 10403 and 10418, the election
will be held and conducted in accordance with the provisions of law
regulating the Statewide General Election.
D. Costs. The City Council determines and declares that the City will
pay to the County the reasonable and actual expenses incurred by
8
the County by the consolidation of the General Municipal Election
with the Statewide General Election. The City shall reimburse the
County for services performed when the work is completed and upon
presentation to the City of a properly approved bill.
E. Form of Ballot. The ballots to be used at the election shall be in the
form and content as required by law.
F. City Clerk Authorized to Coordinate with County. The City Clerk
is authorized, instructed and directed, in coordination with the Los
Angeles County Registrar of Voters/Elections Official, to procure and
furnish any and all official ballots, notices, printed matter and all
supplies, equipment and paraphernalia that may be necessary in
order to properly and lawfully conduct the election.
G. Opening and Operation of Polls, Vote Centers, Etc. The polls,
vote centers and/or vote-by-mail drop-off boxes shall be open and
the procedures for submitting votes-by-mail or votes at polls and vote
centers shall be in accordance with those times and procedures
established by the County of Los Angeles, except as otherwise
provided in the Elections Code of the State of California.
H. Election to Follow Applicable Law. In all particulars not recited in
this Resolution, the election shall be held and conducted as provided
by law for holding municipal elections in the City.
9
I. Notice of Election. Notice of the time and place of holding the
election is given and the City Clerk is authorized, instructed and
directed to give further or additional notice of the election, in time,
form, and manner as required by law.
J. Tallying of Ballots. All ballots shall be tallied at a central counting
place and not at the precincts. Said central counting place shall be
at a County center as designated by the Registrar of Voters.
K. Receipt of Election Results. The City Clerk of the City of Arcadia
shall receive the canvass as it pertains to the election on the Charter
Amendment measure, and shall certify the results to the City Council,
as required by law.
SECTION 5. Direct Arguments and City Attorney’s Analysis.
A. The City Council authorizes (i) the City Council or any member(s) of
the City Council, (ii) any individual voter eligible to vote on the above
Charter Amendment, (iii) a bona fide association of such citizens or
(iv) any combination of voters and associations, to file a written
argument in favor of or against the Charter Amendment, in
accordance with Article 4, Chapter 3, Division 9 of the Elections Code
of the State of California and may change the argument until and
including August 19, 2022, after which no arguments for or against
the Charter Amendment may be submitted to the City Clerk.
Arguments in favor of or against the Charter Amendment shall each
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not exceed 300 words in length. Each argument shall be filed with
the City Clerk, signed, and include the printed name(s) and
signature(s) of the author(s) submitting it, or if submitted on behalf of
an organization, the name of the organization, and the printed name
and signature of at least one of its principal officers who is the author
of the argument.
The City Council hereby delegates the following of its members to
author an argument and, if authorized below, a rebuttal [for/against]
the Measure on behalf of the City Council, subject to the deadlines
and rules set forth herein:
_________________________________
_________________________________
[no more than two members]
B. The City Clerk shall comply with all provisions of law establishing
priority of arguments for printing and distribution to the voters and
shall take all necessary actions to cause the selected arguments to
be printed and distributed to the voters.
C. Pursuant to Section 9280 of the Elections Code, the City Council
directs the City Clerk to transmit a copy of the Charter Amendment
to the City Attorney. The City Attorney shall prepare an impartial
analysis of the Charter Amendment, not to exceed 500 words in
length, showing the effect of the Charter Amendment on the existing
11
law and the operation of the Charter Amendment. The City Attorney
shall transmit such impartial analysis to the City Clerk, who shall
cause the analysis to be published in the voter information guide
along with the Charter Amendment as provided by law. The Impartial
Analysis shall be filed by the deadline set for filing of General
arguments as set forth in subsection (A) above. The impartial
analysis shall include a statement indicating whether the Charter
Amendment was placed on the ballot by a petition signed by the
requisite number of voters of by the City Council. In the event the
entire text of the Charter Amendment is not printed on the ballot, nor
in the voter information portion of the sample ballot, there shall be
printed immediately below the Impartial Analysis, in no less than 10-
font bold type, the following: “The above statement is an Impartial
Analysis of Charter Amendment/Measure ____. If you desire a
copy of the Charter Amendment/Measure, please call the
election official’s office at (626) 574-5455 and a copy will be
mailed at no cost to you.”
SECTION 6. Rebuttals.
A. That pursuant to Section 9285 of the Elections Code of the State of
California, when the City Clerk has selected the arguments for and
against the Charter Amendment which will be printed and distributed
to the voters, the City Clerk shall send copies of the argument in favor
of the Charter Amendment to the authors of the argument against,
12
and copies of the argument against to the authors of the argument in
favor. The authors or persons designated by them may prepare and
submit rebuttal arguments not exceeding 250 words. The rebuttal
arguments shall be filed with the City Clerk not later than August 29,
2022. Rebuttal arguments shall be printed in the same manner as
the direct arguments. Each rebuttal argument shall immediately
follow the direct argument which it seeks to rebut.
B. That the provisions herein shall apply only to the election to be held
on November 8, 2022.
SECTION 7. Placement on the Ballot. The full text of the Charter Amendment
shall not be printed in the voter information guide, but a statement shall be printed in the
ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain
a copy of this Charter Amendment/Measure, at no cost, upon request made to the City
Clerk or by visiting the City’s website at www.ArcadiaCA.gov/Measures.
SECTION 8. Delivery of Resolution to County. The City Clerk shall certify to
the passage and adoption of this Resolution and enter it into the book of original
resolutions. The City Council directs the City Clerk to deliver copies of this Resolution,
including the Charter Amendment attached hereto as Exhibit “A”, to the Clerk of the Board
of Supervisors of Los Angeles County and to the Registrar of Voters/Elections Official of
Los Angeles County.
SECTION 9. Public Examination. Pursuant to Elections Code Section 9295, this
Measure will be available for public examination for no fewer than ten (10) calendar days
13
prior to being submitted for printing in the voter information guide. The City Clerk shall
post notice in the Clerk’s office of the specific dates that the examination period will run.
SECTION 10. CEQA. The City Council hereby finds and determines that this
Resolution and the Charter Amendment relates to organizational or administrative
activities of governments that will not result in direct or indirect physical changes in the
environment, and therefore is not a “project” within the meaning of the California
Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, Section
15378(b)(5).
SECTION 11. Severability. If any provision of this Resolution or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of the Resolution which can be given effect without the invalid
provision or application, and to this end the provisions of this Resolution are
severable. The City Council hereby declares that it would have adopted this Resolution
irrespective of the invalidity of any particular portion thereof.
SECTION 12. Effective Date of Resolution. This Resolution shall take effect
immediately upon its adoption.
SECTION 13. Certification by City Clerk. The City Clerk shall certify to
the adoption of this Resolution.
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1
EXHIBIT “A”
CHARTER AMENDMENT/MEASURE “___”
THE PEOPLE OF THE CITY OF ARCADIA DO HEREBY AMEND THE ARCADIA
CITY CHARTER AS FOLLOWS:
SECTION 1. Text of Charter Amendment. Subject to the approval of a majority
of the voters of the City of Arcadia at the scheduled election so designated by City Council
Resolution placing the proposal on the ballot for such election, the Arcadia City Charter
is hereby amended to read as set forth in Attachment 1.
SECTION 2. Approval, Filing and Recordation of Charter Amendment.
Pursuant to California Government Code Section 34460, if approved by a majority of
voters, the Mayor and City Clerk shall certify, authenticate and attest to the passage of
this Charter Amendment. The City Clerk shall also (i) record one copy of this Charter
Amendment with the Los Angeles County Recorder’s Office, (ii) file one copy in the City’s
archives and (iii) file one copy with the California Secretary of State. Each copy recorded
with the County Recorder and filed in the City’s archives shall also be filed with the
following documents:
A. Certified copies of all publications and notices required of the City by
State law in connection with the calling of an election to propose the
Charter Amendment.
B. Certified copies of any arguments for or against the Charter
Amendment that were mailed to voters pursuant to California
Elections Code Sections 9281 et. seq.
2
C. A certified abstract of the vote at the election at which the Charter
Amendment was approved by the voters.
SECTION 3. Ratification and Effective Date. Pursuant to California
Government Code Section 34459, this Charter Amendment shall be deemed ratified if
approved by a majority of the eligible voters of the City of Arcadia voting at the General
Municipal Election of November 8, 2022. However, this Charter Amendment shall not
take effect until it has been accepted and filed by the Secretary of State pursuant to
Government Code Section 34460.
SECTION 4. Severability. If any provision of this Charter Amendment or the
application thereof to any person or circumstance is held invalid, the remainder of the
Charter Amendment and the application of such provision to other persons or
circumstances shall not be affected thereby.
SECTION 5. Attestation by Mayor. The Mayor is hereby authorized to attest to the
adoption of this Charter Amendment by the People voting thereon on November 8,
2022, by signing where indicated below.
I hereby certify that the foregoing Charter Amendment was PASSED, APPROVED
AND ADOPTED by the People of the City of Arcadia on the 8th day of November,
2022.
Dated: _______________________ ______________________________
Mayor of the City of Arcadia
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________
City Clerk Stephen P. Deitsch
City Attorney
ATTACHMENT 1
TEXT OF CHARTER AMENDMENT
CITY OF ARCADIA, CALIFORNIA
CITY CHARTER
As Amended 2022
CITY COUNCIL
2021-2022
Tom Beck
Paul P. Cheng
Michael Danielson
Sho Tay
April A. Verlato
CITY CLERK
Gene Glasco
CITY MANAGER
Dominic Lazzaretto
CITY ATTORNEY
Stephen P. Deitsch
1
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
2
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
Section 412. Place of Meetings
Section 413. Proceedings
Section 414. Public 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
3
ARTICLE V - City Clerk
Section 500. City Clerk
Section 501. Powers and Duties
Section 502. Elimination of Elected Office
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. Department Directors.
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. 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.
ARTICLE VIII – Boards and Commissions (continued)
Section 810. Recreation and Parks Commission.
Powers and Duties
4
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
Section 1214. Presentation and Audit of Demands
Section 1215. Registering Warrants
5
ARTICLE XII – Fiscal Administration(continued)
Section 1216. Claims Against the City
Section 1217. Independent Audit
Section 1218. Donations
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 XV - Miscellaneous
Section 1500. Definitions
Section 1501. Violations
Section 1502. Validity
6
“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.
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.
7
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.
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
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
8
on the effective date hereof. The term of a Councilmember shall commence on
the first Tuesday following certification of their election and they shall serve
until their 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 they were
elected under the previous Charter; 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 for two, consecutive four-year terms, 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 Councilmembers
holding office on the effective date of this Charter.
Section 402. COMPENSATION. 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
Councilmembers in general law cities. Such compensation may be
increased or decreased by an affirmative vote of a majority of the voters
voting on the proposition at any election.
Section 403. VACANCIES, FORFEITURE OF OFFICE.
FILLING OF VACANCIES.
(a) A vacancy shall exist on the Council, and shall be declared by
the Council, if a Councilmember resigns, is legally removed other than
by recall, dies, or forfeits their office.
(b) A Councilmember shall forfeit their office if they (1) lack
at any time while holding office any qualification for election prescribed
by this Charter or by law, (2) violate any provision of this Charter, (3)
are convicted of a crime involving moral turpitude, (4) without consent of
the Council are 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 attend,
9
(5) or accept or retain 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 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 sixty-day period, it shall forthwith call an election for the next
established election date.
(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 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.
(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.
(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
10
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.
The Mayor shall preside at Council meetings; shall be the chief
official of the City for all ceremonial purposes; and shall perform such
other duties consistent with the office as may be prescribed by the Council.
The Mayor Pro Tempore shall perform the duties of the Mayor during the
Mayor’s 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.
Neither the Council nor any of its members shall interfere with the execution
by the City Manager of the City Manager’s powers and duties, or order,
directly or indirectly, the appointment by the City Manager or by any of the
department officers in the administrative service of the City, of any person
to an office or employment or their 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.
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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
. 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 in such a manner and under such penalties as the Council
may have provided.
Section 411. OPEN MEETINGS. RALPH M. BROWN ACT.
All meetings of the Council shall be open to the public, provided the Council
may adjourn to an executive session as provided by law. The provisions of
the Ralph M. Brown Act, commencing with Section 54950 of the
Government Code, shall apply to all meetings of the Council.
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 the 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.
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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. PUBLIC PARTICIPATION. Any member 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 Council, or offer suggestions
for the betterment of municipal affairs.
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 reading in full is requested by 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.
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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.
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, as an alternative, that 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 on the City’s website or
other publicly available City-controlled internet site.
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
manner required for other ordinances. A copy 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
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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.
(a) 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
posting copies thereof at three or more public places in the City as
designated by the Council and posted on the City’s website.
(b) 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.
(c) The newspaper with which the Council contracts for publication
of legal notices shall be deemed the official newspaper.
(d) No defect or irregularity in proceedings taken under this
section 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 .
Section 501. 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.
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(b) Maintain separate files, 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 files shall be properly indexed and open to public inspection when
not in actual use.
(c) Maintain separate files, 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
Section 600. CITY MANAGER. SELECTION AND
QUALIFICATIONS. There shall be a City Manager who shall be the
chief administrative officer of the City. The Council shall appoint, by not
less than four votes, the person who it believes to be best qualified on the
basis of their executive and administrative qualifications, with special
reference to their experience in and 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
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City Manager from office, provided the City Manager shall not be
removed by the Council within 135 days after a Councilmanic election,
except by the unanimous vote of the entire Council.
Section 601. CITY 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 the 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, and
equipment required by any office department, or agency of the City
government and recommend them to the Council for adoption.
(h) See that all laws, provisions of this Charter, and acts of the
Council, subject to enforcement by him or by officers subject to their
direction and supervision, are faithfully executed.
(i) Perform such other duties as may be prescribed by the
Council.
Section 602. CITY MANAGER. MEETINGS. The City
Manager shall be accorded a seat at the Council table and at all meetings of
boards and commissions and shall be entitled to participate in their
deliberations but shall not have a vote.
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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 or 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
department director of one or more such departments, offices or agencies
or may appoint one person as the department director of two or more of
them.
(c) Not inconsistent with this Charter, the Council may provide
for the number, titles, qualifications, powers, duties, and compensation of
all officers and employees.
(d) Merit Principle. All appointments and promotions of City
officers and employees shall be made solely on the basis of merit and
fitness demonstrated by examination 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, the City Attorney shall serve as chief legal
adviser to the Council, the City Manager, and all City departments, offices,
and agencies; the City Attorney shall represent the City in all legal
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proceedings and shall perform such other duties as may be prescribed by
the Council. The City Attorney shall serve as the City Prosecutor and
prosecute on behalf of the People any and all criminal cases arising from
violations of this Charter or City ordinances; and shall, when authorized by
law and the City Council, prosecute misdemeanor offenses arising out of
violations of state laws.
The City Council may establish when the City Attorney shall
commence, or shall cease, the prosecution of state law misdemeanors, and
the City Council may limit the state law misdemeanors that may be
prosecuted by the City Attorney. Alternatively, the City Council may create
a separate office of City Prosecutor, who shall be appointed by and serve at
the pleasure of the City Council. The City Prosecutor shall assume the
prosecutorial duties of the City Attorney that are assigned by the City
Council. All actions of the City Council under this paragraph shall be done
by ordinance. This section is not intended to relieve the District Attorney of
the duty to prosecute misdemeanors where the City Attorney or City
Prosecutor is unable or not empowered to act.
To become eligible for City Attorney or City Prosecutor, 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 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
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the City Manager or their designee, if the Council has not acted, and in
compliance with all applicable laws.
(f) Submit to the Council through the City Manager a monthly
statement of all receipts and disbursements in sufficient detail to show the
exact financial condition of the City; and, as of the end of each fiscal year,
submit a complete financial statement and report.
(g) Supervise the keeping of current inventories of all 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 City
Manager.
Section 704. DEPARTMENT DIRECTORS.
APPOINTIVE POWERS. Each department director shall have the power
to appoint, supervise, suspend, or remove such assistants, deputies,
subordinates, and employees as are provided for by the Council for 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 FINANCIAL 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 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 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 department director or their deputies as they may designate shall
have the power to administer oaths and affirmations in connection with
any official business pertaining to their 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 their 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 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 their bond, for any wrongful act or omission
of 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 their
successor qualifies; they 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 their office, 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.
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.
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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. CHAIRPERSON. 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 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.
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
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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, t h e i r 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
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.
(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
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
Commission which shall:
(a) Hear appeals of any person in the Classified Service relative to
any suspension, demotion, or dismissal.
(b) Perform such other duties as may be prescribed by the Council.
(c) Have the authority to issue subpoenas under penalty of law.
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Section 809. LIBR ARY BOARD OF TRUSTEES.
POWERS AND DUTIES. There shall be a Library Board of Trustees
which shall:
(a) Administer and operate the City libraries.
(b) Establish and enforce such by-laws, procedures, and rules of
operation as may be necessary for, and make all purchases and other
contracts in connection with, the administration, government, and
protection of the City libraries and shall designate its own Secretary.
(c) Appoint and remove the Librarian, who shall be the
department director, and pass upon and approve all proposed
appointments and removals by the Librarian.
(d) 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 Council in all matters
pertaining to community recreation and parks.
(b) Perform such other duties as may be prescribed by the
Council.
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,
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and Fire Chief. Assistants, deputies, management and
clerical employees authorized for said department
directors and designated by the Council to be in the
Unclassified Service.
3. All other department directors.
4. City Manager Pro Tempore.
5. Human Resources Administrator.
6. 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.
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, they shall revert to his former position in the Classified
Service upon the same terms and conditions as if 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
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one calendar year, to demotion, or to removal from 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 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 them upon
which such suspension, demotion, or removal is based, a copy of which
statement shall be furnished to Human Resources for delivery to the
Human Resources Commission. Such statement shall be furnished such
employee within two business days after their request therefor, which
request must be filed in Human Resources within ten days after they have
been notified of such demotion, removal, or suspension. If such employee
is absent from work, they shall be deemed to be so notified when such
notice is mailed to their last address on file with the City by registered mail.
They shall have thirty days after receipt of such statement within which to
file with Human Resources an answer to such statement of charges should
they desire to do so.
In their answer, or otherwise if no statement of charges has been
made available to 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 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 recommendations of the Human Resources Commission shall
be advisory only. The City Manager shall make a final decision with respect
to such recommendations, and their decision shall be final and conclusive
and no further appeal shall be taken therefrom.
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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.
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 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 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 their office or
position if they are an officer or employee of the City.
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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.
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.
Section 1101. SPECIAL MUNICIPAL ELECTIONS. Other
municipal elections shall be known as special municipal elections.
Section 1102. PROCEDURE FOR HOLDING 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
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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
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.
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:
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(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 as established by Council resolution or ordinance.
(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.
(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.
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(b) Further Consideration and Adoption. After the conclusion of
the public hearing, the Council shall further consider the proposed budget
and make any revision thereof that it may deem advisable; and on or before
July 1 it shall adopt the budget. Adoption of the 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.
Section 1205. CO UNCIL 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, they shall report
to the Council without delay, indicating the estimated amount of the
deficit, any remedial action taken by them, and 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.
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(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.
(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
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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 in an amount determined by Council
resolution or ordinance for public works construction or improvement shall
be let through a competitive 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.
Section 1213. 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 1214. PRESENTATION AND AUDIT OF
DEMANDS. Any demand against the City must be in writing and may be in
the form of a bill, invoice, payroll, or formal demand. Each such demand shall
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be presented to the individual in charge of the Finance Office, 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 Finance Office 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 1215. REGISTERING WARRANTS. Warrants on the
Treasurer which are not paid for lack of funds shall be registered. All
registered warrants shall be paid in the order of their registration when
funds therefor are available and shall bear interest from the date of
registration at such rate as shall be fixed by the Council by resolution.
Section 1216. CLAIMS AGAINST THE CITY. The Council by
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.
Section 1217. 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 the accountant 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
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the City Clerk where they shall be available for inspection by the general
public.
Section 1218. DONATIONS. 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.
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.
Section 1302. EMINENT DOMAIN. No franchise or grant of
a franchise shall in any way or to any extent impair or affect the right of the
City to acquire the property of the possessor thereof by purchase or
condemnation, and nothing therein contained shall be construed to
contract away or to modify or abridge, either for a term or in perpetuity, the
City’s right of eminent domain with respect to the property of the
possessor of any franchise. Every franchise granted by the City is granted
upon the condition, whether expressed in the grant or not, that such
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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. PROCEDURE FOR GRANTING FRANCHISES.
Before granting any franchise, the 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 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.
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 in 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
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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.
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.
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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) “Department director” 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 department 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.
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.
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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.”
Attachment "B"
Attachment "C"