CC SR 20180521 01 - Charter Initiative Presentation
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 05/21/2018
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to receive and file a presentation on a proposed City
Charter initiative spearheaded by a local grassroots citizens’ committee.
RECOMMENDED COUNCIL ACTION:
(1) Discuss and take action related to this item.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Emily Colborn, City Clerk
REVIEWED BY: Gabriella Yap, Deputy City Manager
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Cover Letter (page A-1)
B. Charter Crosswalk (page B-1)
C. DRAFT City Charter (page C-1)
EXECUTIVE SUMMARY:
A local grassroots citizens’ committee formed in an effort to draft and propose a City
Charter to the City Council and, subsequently, to the voters of the City of Rancho Palos
Verdes for adoption. The “RPV Citizens Charter Committee” is comprised of the
following residents: Glenn Cornell, Chris Huang, Mike Huang, Lois Karp, Noel Park,
Carolynn Petru, Jessica Vlaco, Lowell Wedemeyer, Len Wood, Sharon Yarber, Chip
Zelt, and George Zugsmith (Attachment A).
After months of working diligently with former City Attorney Dave Aleshire, who has
provided pro bono assistance and advice to the Committee, and holding several
community outreach meetings to collect comments and concerns from residents
regarding a City Charter, the Committee is pleased to provide a working draft Rancho
Palos Verdes City Charter (Attachment C) to the City Council. This same draft
document has been released to the public for review and comment. The draft Charter
proposes Articles relating to Powers of the City; Powers of the City Council; Roles of the
City Manager and City Attorney; City Employees; Advisory Boards, Committees, and
Commissions; Personnel System; Elections; Fiscal Administration; and Franchises
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(Attachment B). Tonight, the Committee will be presenting an overview of the Charter
and is available to answer questions.
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May 14, 2018
Mayor and City Council
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Subject: Draft City Charter
Dear Honorable Mayor and City Council Members:
The RPV Citizens Charter Committee is pleased to submit the attached working draft
Rancho Palos Verdes City Charter for your consideration. As you are aware, we are a
grassroots group of twelve residents who believe the time is right for the community to
take another look at whether Rancho Palos Verdes should become a charter city. Our
interest was sparked by several new state laws, and others still pending, that erode or
override local land use controls. We were interested in re-examining how becoming a
charter city might increase the City's power of "home rule" in these, and other matters.
As Council knows, local self-determination was one of the primary reasons the residents
of Rancho Palos Verdes voted to become an incorporated city in the first place nearly
45 years ago.
Over the last four months, the committee has conducted four community workshops to
engage with residents on this topic and to solicit their feedback. We used a variety of
traditional methods, as well as social media, to advertise the workshops. We’d like to
particularly thank the RPV Council of Homeowners Associations, Peninsula Seniors,
and the PV News for helping us get the word out. The workshops were well attended
(between 30 to 40 people came to each of the first three sessions and 20 people
attended the last one). A lot of great questions were asked, good suggestions were
made, and lively discussion of the issues ensued among the attendees. The committee
itself met a total of eight times to discuss what we heard from the community, to share
our own research, and to further debate the issues. Ultimately, we decided to prepare a
draft city charter to present to City Council, using the City of Palm Springs Charter as a
template.
As we were drafting, we considered the reasons why the City’s 2011 charter effort was
not successful, as well as what circumstances and laws had changed and what has
stayed the same since that time. In the resulting draft, the committee attempted to strike
a balance between: 1) Maximizing the City’s authority as a charter city under the State
Constitution to control “municipal affairs,” particularly with regards to land use decisions
and municipal finances; 2) Retaining as many current and time-tested City practices in
place as possible; and 3) Including enough specificity in the charter to prevent potential
abuses of power and to perpetuate the City’s long history of prudent financial
management.
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RPV City Council: Draft City Charter
May 14, 2018
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We came to realize during our research that a charter is not a panacea that will protect
the City against all threats to its historic values, land use regulations and prudent
government practices. However, it would provide the City with a valuable tool to avoid
adverse general law dictates and the legal standing to challenge any harmful actions.
The bottom line is that charter cities have a constitutional independence from the state
that is simply not available to general law cities. The committee agreed that it is
important for the City to have the ability to choose, whenever possible, what is in the
best interests of our community.
As previously mentioned, this as a working draft document and the committee requests
the opportunity to make further revisions to it between the May 21st workshop and the
next time the Council considers the issue. We understand the Council is free to make its
own changes to the document, if you decide to place this issue before the city’s voters
on the November 2018 ballot. To assist in the initial review, a “crosswalk” is attached
which outlines, section by section, how the draft charter compares to City’s current legal
authority and practices, and highlights where significant differences exist.
Our sincere thanks go to the residents who participated in the process thus far. We
hope more people will get involved as the conversation moves forward. We are also
extremely grateful to city attorney Dave Aleshire for his pro bono advice and assistance
to the committee in preparing the draft charter document.
Thank you for your consideration of the committee’s draft city charter. We look forward
to the City Council’s upcoming workshop on May 21st.
Sincerely,
RPV Citizens Charter Committee:
Glenn Cornell, Chris Huang, Mike Huang, Lois Karp, Noel Park, Carolynn Petru,
Jessica Vlaco, Lowell Wedemeyer, Len Wood, Sharon Yarber, Chip Zelt, and
George Zugsmith
Attachments:
Draft RPV City Charter dated May 11, 2018
Charter Crosswalk dated May 11, 2018
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DRAFT
CITY OF RANCHO PALOS VERDES
CITY CHARTER
CROSSWALK
AS OF MAY 11, 2018
CHARTER SECTION CHANGE EFFECT
Article I – Incorporation and Succession
100 – Names and Boundaries No The city’s name and boundaries would
remain the same.
101 – Succession, Rights and Liabilities No The city would continue to own,
possess and control all rights and
property currently existing.
102 – Ordinances No All existing ordinances, resolutions,
rules and regulations would continue.
103 – Continuance of Present Officers and
Employee
No All existing city officers and employees
would continue in their current
capacities.
104 – Continuance of Contracts No All existing contracts would continue
in full force.
105 – Pending Actions and Proceedings No All pending actions, civil or criminal,
would not be impacted by the charter.
106 – Seal No The city’s seal would remain the same.
107 – Severability N/A If any portion of the charter is found
invalid, the remainder of the charter
would not be impacted.
108 – Effective Date of Charter N/A States how the charter’s effective date
would be established.
109 – Amendment N/A Provides the procedure to amend the
charter in the future.
Article II – Powers of the City
200 – Powers Yes Grants the city all legal authority and
powers to govern “municipal affairs”
except as limited by the charter or by
the State Constitution.
201 – Procedures Yes Grants the city power to follow any
procedures established in state law,
unless limited by the charter.
202 – Form of Government No Maintains the existing council-
manager form of government.
203 – Intergovernmental Relations No Maintains the city’s ability to enter
into joint powers agreements.
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204 – Establishment of Specialized Agencies or
Authorities
No Maintains the city’s ability to establish
specialized agencies to provide public
services and would allow all existing
such agencies to continue to exist.
205 – Enterprise Funds No Limits collection and use of enterprise
funds as currently required in general
law cities.
206 – General Land Use Authority; Goals and
Objectives
Yes
No
Grants the city full charter powers to
regulate local land use measures.
Requires the zoning ordinance to be
consistent with the general plan.
206 – Preservation of Parkland Yes Requires a majority vote of council
and a ballot measure approved by the
city’s voters to sell, lease or exchange
parkland, with certain exceptions.
Article III – City Council
300 – Powers Vested in the City Council No The powers of the city would remain
vested with the city council.
301 – Elective Office No
Yes
Maintains a 5-member council elected
at large with 4 year terms (except for
the 3 year terms commencing in 2017
and 2019).
Ties among council candidates would
be settled by special municipal
election, rather than by coin toss.
302 – Mayor; Mayor Pro Tempore No The mayor and mayor pro tem would
be selected in the same manner and
continue to have the same duties.
303 – Eligibility No The same eligibility requirements to
run for council would continue.
304 – Compensation and Expenses No Council members would continue to
receive the same compensation as
general law cities, or less if established
by city ordinance, and would continue
to be reimbursed for actual travel and
related expenses. Council members
would continue to receive no
additional compensation for
attendance at other city or city-
affiliated meetings.
305 – Limitation of Terms
Yes The council members would still be
limited to 2 consecutive terms, as
provided in RPVMC Section 2.04.060.
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305 – Limitation of Terms (continued) However, once termed out, a person
would not be eligible to run again for
at least 6 years (currently 6 months).
306 – Vacancies Yes Council vacancies would be declared
and filled in the same manner, but
persons eligible to fill a vacancy must
have lived in the city for at least 1 year
immediately prior to appointment and
cannot have served on council within
the prior 6 years. If a vacancy is
declared 90 days before or after a
council election, the next runner-up
would fill the vacancy.
307 – Interference with Administrative Service No Similar to existing RPVMC Section
2.08.080, neither council nor
individual members would be allowed
to interfere with the execution of the
city manager’s duties and
responsibilities.
308 – Meetings No The city would continue to comply
with the open meeting requirements
of the Brown Act. The frequency,
notice and place of regular meetings
would remain the same.
309 – Special Meetings No The calling and noticing of special
meeting would remain the same.
310 – Quorum; Proceedings No A quorum of 3 council members and
the method of adjournment due to
lack of quorum would remain the
same.
311 – Oaths; Subpoenas No The council’s ability to administer
oaths and issue subpoenas would
remain the same.
312 – Citizen Participation No The public’s right to participate in
public meetings would remain the
same.
313 – Adoption of Ordinances and Resolutions Yes The time between when a regular
ordinance is introduced and when it’s
adopted would increase from 5 to 14
days. An urgency ordinance would still
require 4 affirmative votes, but would
be in effect no more than 6 months,
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unless reintroduced and passed in the
normal manner.
314 – Ordinances; Publication No Adopted ordinances would be
published and posted in the current
manner.
315 – Codification of Ordinances No Ordinances would be codified in the
current manner.
316 – Ordinances; When Effective No Ordinances would still be effective 30
days after adoption, unless it is one of
the current exceptions that takes
effect immediately.
317 – Ordinances; Violation; Penalty No Council would retain the authority to
determine if code violations are
misdemeanors or infractions, and set
the fine amounts.
318 – Publishing of Legal Notices No Legal notices would continue to be
published in the current manner.
319 – Contracts; Execution No Contracts would continue to be
approved and signed in the current
manner.
Article IV – City Manager and City Attorney
400 – City Manager No The city manager would continue to
be appointed by and serve at the
pleasure of the city council.
401 - Eligibility Yes No city council member could be
appointed city manager until out of
office at least 6 years (currently 2
years per RPVMC 2.08.030)
402- Compensation and Bond No The city manager’s salary would
continue to be set by resolution or
contract. The city manager would
continue to provide a surety bond,
with the premium paid by the city.
403 – City Manager; Powers and Duties No The city manager’s duties and
responsibilities would remain
functionally the same.
404 – Removal No The city manager would continue to
serve at the pleasure of the city
council, but could not be removed
from office for 90 days following a
council election, except for cause
(same as RPVMC Section 2.08.140).
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405 – Acting City Manager No The same procedure would continue
for designating an acting city manager
in the city manager’s absence.
406 – City Attorney No The city attorney would continue to be
appointed by and serve at the
pleasure of the city council.
407 – City Attorney; Powers and Duties No The city attorney’s duties and
responsibilities would remain the
same, and would now be listed in the
charter.
Article V - Employees
500 – Administrative Departments No The city council would retain the
authority to determine the number,
type and organization of the various
city departments and staffing levels.
501 – City Clerk; Powers and Duties No The city clerk’s duties and
responsibilities would remain the
same, but would now be listed in the
charter.
502 – Director of Finance and Treasurer Yes The finance director’s duties would
remain functionally the same, but the
city manager’s appointment to the
position would be subject to the
consent of the city council. RPVCA
2.08.095 currently gives the council an
advisory role in the review and
selection of all department heads, the
city clerk and deputy city manager.
503 – Department Heads No The duties and responsibilities of
department heads would remain the
same.
504 – Compensation No The city council would continue to set
employee compensation by ordinance
or resolution.
505 – Indemnification of Employees No The city would continue to indemnify
and defend current and former
employees in claims and actions, if
they were acting within the scope of
their duties, without fraud and
cooperate in good faith.
Article VI – Appointive Advisory Boards, Committees and Commissions
600 – In General No The city would continue to have a
planning commission and council
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would retain the ability to appoint
other advisory boards at its discretion.
601 – Appropriations No The city council would continue to
budget annually to support the
functions of its advisory boards.
602 – Appointments; Terms Yes
No
In order to be eligible, applicants
would now be required to have lived
in the city a minimum of 1 year
immediately prior to appointment.
The city council would have the ability
to waive this requirement in individual
cases, such as the Geotechnical Board
of Appeals.
The methods for notice, appointment
and term of service would remain the
same. The membership and unexpired
terms of all existing boards would also
remain intact.
603 – Meetings; Chairs No The methods for appointing chairs and
vice chairs, conducting meetings,
preparing minutes and adopting rules
of procedure would remain the same.
604 – Compensation No Advisory board members would
continue to receive no compensation,
unless otherwise provided by council
ordinance or resolution, and would
continue to be reimbursed for travel
and related expenses.
605 – Removal; Vacancies No Advisory board members would
continue to serve at the pleasure of
the city council. The methods for
determining and filling a vacancy
would remain the same.
606 – Indemnification of Members No The city would continue to indemnify
and defend current and former
advisory board members in claims and
actions, if they were acting within the
scope of their duties, without fraud
and cooperate in good faith.
607 – Planning Commission; Powers and Duties No The planning commission could be no
less than 5 members (currently 7). Its
powers and duties would remain
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functionally the same, unless modified
by council ordinance.
Article VII – Personnel System
700 – Personnel Rules and Policies No The city council would retain the
authority to establish employee
personnel rules and policies.
701 – Contracts with Employees; State
Employees Retirement System
No The city council could continue enter
into contracts and collective
bargaining agreements with city
employees. Enables the city to
continue to contract with CalPERS, or
terminate the contract in accordance
with state law.
702 – Eligibility for Appointed Office Yes The charter would prohibit elected
and appointed officials from being
appointed city manager or city
attorney and would establish anti-
nepotism criteria for appointments to
staff and advisory board positions.
703 – Illegal Contracts; Financial Interest;
Incompatible Employment
No State law regarding conflicts of
interest would continue to apply to
elected, appointed and staff members.
Article VIII – Elections
800 – General Municipal Elections No Consistent with RPVMC Chapter 2.28,
general municipal elections would be
held on the 2nd Tuesday in November
in even number years, except for the
election scheduled in November 2019.
801 – Special Municipal Elections No Any municipal election that is not a
general election would continue to be
a special election.
802 – Procedure for Holding Elections No The city would continue to follow the
state Elections Code.
803 – Initiative, Referendum and Recall No The city would continue to follow the
state Elections Code.
Article IX – Fiscal Administration
900 – Fiscal Year No The city council would continue to
determine the fiscal year by
ordinance.
901 – Annual Budget No The city council would continue to
determine the procedures for
preparing the budget and set budget
polices.
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902 – Proposed Budget; Submission to City
Council
Yes The charter would require the city
manager to submit the draft budget to
city council 60 days prior to the start
of the fiscal year. Although this is
consistent with current practice,
RPVMC Section 3.32.030 requires
submission on or before June 5th.
903 – Budget; Public Hearing No The city council would continue to
hold a public hearing before adopting
the annual budget.
904 – Budget; Adoption Yes The city would continue to be required
to adopt the budget before the start
of the new fiscal year (RPVMC Section
3.32.080), but the charter would add a
procedure for continuing operations if
the budget is not adopted on time due
to an emergency.
905 – Budget; Appropriations Yes The charter would specify that any
appropriations not spent or
encumbered by the end of the fiscal
year shall lapse.
906 – Municipal Finance Authority Yes Grants the city full charter powers to
regulate municipal finances and allows
the city council the discretion to avoid
state laws contrary to the city’s
authority.
907 – Tax Authority No
Yes
New or increases to general, special
and property taxes would continue to
require approval by the city’s voters.
As a charter city, the city could
propose a property transfer tax, which
is a general tax, subject to voter
approval.
908 – Tax Procedure No The procedures to assess, levy and
collect local taxes would continue to
be required to comply with the state
constitution.
909 – Bonded Debt No The city would continue to be able to
incur bonded debt, subject to approval
by the city’s voters.
910 – Election for Major Capital Projects Yes Currently, voter approval is not
required for major capital projects.
910 would require voter approval for
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net city expenditures exceeding $20m,
with certain exceptions. In cases of
urgency, city council would be able to
approve expenditures over $20m with
at least 4 members voting in favor.
911 – Presentation of Demands No Submittal of claims for damage would
continue to comply with state general
law: 6 months after the occurrence for
death or personal injury claims and 1
year after the occurrence for real
property damage claims. The charter
would require any claims not
otherwise subject to state general law
to be submitted to the city within 1
year of the occurrence.
912 – Independent Audit Yes The charter would require the annual
financial audit to be submitted no
more than 180 days after the end of
the fiscal year; the auditor’s
management letter and the city
manager’s written response must be
presented to city council with the
annual audit; and the auditor must be
present at said council meeting.
913 – Purchasing Ordinance Yes Consistent with current practice, the
charter would require 3 informal bids
for professional contract services. In
addition, the charter would require
staff to prepare a written report
stating the reasons for selection of the
chosen provider.
914 – Contracts; Execution No The requirements for the execution of
contracts would remain the same.
915 – Outsourcing No The city would continue to be able to
contract for services.
Article X – Franchises
1000 – Granting of Franchises No The city would continue to be able to
approve franchises for public or
private utilities, transportation,
communication and similar services.
1001 – Resolution of Intention; Notice and
Public Hearing
Yes The charter would add requirements
for the city council to adopt and the
city clerk to publish a resolution of
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intention prior to considering a
franchise request.
1002 – Term of Franchise Yes Except for the water franchise which is
evergreen, the city currently has no
maximum franchise term. The charter
would establish a 10-year franchise
term with 2 optional extensions of 5
years each. Any existing franchise with
a term extending beyond 20 years of
the effective date of the charter would
only continue to be in effect for 15
years. The city council would be able
to grant franchises for more than 10
years under certain circumstances.
1003 – Franchise Inapplicable to City No Franchise requirements would
continue to not apply to the city itself.
1004 – Eminent Domain No The city would continue to have the
ability to obtain franchise property
through purchase or eminent domain.
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DRAFT
CITY OF RANCHO PALOS VERDES
CITY CHARTER
AS OF MAY 11, 2018
The City of Rancho Palos Verdes incorporated as a California general law city on
September 7, 1973. Subsequently, the area known as “Eastview” was annexed to the
City on January 5, 1983. On ________________, with the approval of the City’s voters,
the City of Rancho Palos Verdes became a California chartered city.
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TABLE OF CONTENTS
PREAMBLE
ARTICLE I. INCORPORATION AND SUCCESSION
SECTION 100. Name and Boundaries.
SECTION 101. Succession, Rights and Liabilities.
SECTION 102. Ordinances.
SECTION 103. Continuance of Present Officers and Employees.
SECTION 104. Continuance of Contracts.
SECTION 105. Pending Actions and Proceedings.
SECTION 106. Seal.
SECTION 107. Severability.
SECTION 108. Effective Date of Charter.
SECTION 109. Amendment.
ARTICLE II. POWERS OF THE CITY
SECTION 200. Powers.
SECTION 201. Procedures.
SECTION 202. Form of Government.
SECTION 203. Intergovernmental Relations.
SECTION 204. Establishment of Specialized Agencies or Authorities.
SECTION 205. Enterprise Funds.
SECTION 206. General Land Use Authority; Goals and Objectives.
SECTION 207. Preservation of Public Parkland.
ARTICLE III. CITY COUNCIL
SECTION 300. Powers Vested in the City Council.
SECTION 301. Elective Officers.
SECTION 302. Mayor; Mayor Pro Tempore.
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SECTION 303. Eligibility.
SECTION 304. Compensation and Expenses.
SECTION 305. Limitation of Terms.
SECTION 306. Vacancies.
SECTION 307. Interference in Administrative Service.
SECTION 308. Meetings.
SECTION 309. Special Meetings.
SECTION 310. Quorum; Proceedings.
SECTION 311. Oaths; Subpoenas.
SECTION 312. Citizen Participation.
SECTION 313. Adoption of Ordinances and Resolutions.
SECTION 314. Ordinances; Publication.
SECTION 315. Codification of Ordinances.
SECTION 316. Ordinances; When Effective.
SECTION 317. Ordinances; Violation; Penalty.
SECTION 318. Publishing of Legal Notices.
SECTION 319. Contracts; Execution.
ARTICLE IV. CITY MANAGER AND CITY ATTORNEY
SECTION 400. City Manager.
SECTION 401. Eligibility.
SECTION 402. Compensation and Bond.
SECTION 403. City Manager; Powers and Duties.
SECTION 404. Removal.
SECTION 405. Acting City Manager.
SECTION 406. City Attorney.
SECTION 407. City Attorney; Powers and Duties.
ARTICLE V. EMPLOYEES
SECTION 500. Administrative Departments.
SECTION 501. City Clerk; Powers and Duties,
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SECTION 502. Director of Finance and Treasurer; Powers and
Duties.
SECTION 503. Department Heads.
SECTION 504. Compensation.
SECTION 505. Indemnification of Employees.
ARTICLE VI. APPOINTIVE ADVISORY BOARDS, COMMITTEES AND
COMMISSIONS
SECTION 600. In General.
SECTION 601. Appropriations.
SECTION 602. Appointments; Terms.
SECTION 603. Meetings; Chairs.
SECTION 604. Compensation.
SECTION 605. Removal; Vacancies.
SECTION 606. Indemnification of Members.
SECTION 607. Planning Commission; Powers and Duties.
ARTICLE VII. PERSONNEL SYSTEM
SECTION 700. Personnel Rules and Policies.
SECTION 701. Contracts with Employees; State Employees
Retirement System.
SECTION 702. Eligibility for Appointed Office.
SECTION 703. Illegal Contracts; Financial Interest; Incompatible
Employment.
ARTICLE VIII. ELECTIONS
SECTION 800. General Municipal Elections.
SECTION 801. Special Municipal Elections.
SECTION 802. Procedure for Holding Elections.
SECTION 803. Initiative, Referendum and Recall.
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ARTICLE IX. FISCAL ADMINISTRATION
SECTION 900. Fiscal Year.
SECTION 901. Annual Budget.
SECTION 902. Proposed Budget; Submission to City Council.
SECTION 903. Budget; Public Hearing.
SECTION 904. Budget; Adoption.
SECTION 905. Budget; Appropriations.
SECTION 906. Municipal Finance Authority.
SECTION 907. Tax Authority.
SECTION 908. Tax Procedure.
SECTION 909. Bonded Debt.
SECTION 910. Election for Major Capital Projects.
SECTION 911. Presentation of Demands.
SECTION 912. Independent Audit.
SECTION 913. Purchasing Ordinance.
SECTION 914. Contracts; Execution.
SECTION 915. Outsourcing.
ARTICLE X. FRANCHISES
SECTION 1000. Granting of Franchises.
SECTION 1001. Resolution of Intention; Notice and Public Hearing.
SECTION 1002. Term of Franchise.
SECTION 1003. Franchise Inapplicable to City.
SECTION 1004. Eminent Domain.
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PREAMBLE
We, the People of the City of Rancho Palos Verdes, State of California, declare our
intent to protect and preserve the values that have guided and sustained our City since
it was formed in 1973. We hold dear the historic doctrine of home rule; the right to
determine land use to maintain the low-density, semi-rural character of our community;
and the protection of coastal resources, fragile ecosystems, canyons, open space areas
and views; and seek to protect the City’s values from forces which would encroach on
them. We believe that fiscal responsibility and the prudent stewardship of public funds is
essential for confidence in government; that ethics and integrity are the foundation of
public trust; and, that just governance is built upon these values. The express purpose
of this Charter is to secure and exercise for the City of Rancho Palos Verdes the full
scope of control over its municipal affairs that is authorized by law. We do hereby
exercise the express home rule rights granted by the Constitution of the State of
California for the people and we do hereby adopt this Charter for the citizens of the City
of Rancho Palos Verdes.
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ARTICLE I - INCORPORATION AND SUCCESSION
SECTION 100. Name and Boundaries.
The City of Rancho Palos Verdes, hereinafter termed the City, shall continue to be a
municipal corporation under its present name of “City of Rancho Palos Verdes.” The
boundaries of the City shall be the boundaries established at the time this Charter takes
effect, and as such boundaries may be changed thereafter from time to time in the
manner authorized by law.
SECTION 101. Succession, Rights and Liabilities.
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 continue to be subject to all its debts, obligations, liabilities and contracts.
SECTION 102. Ordinances.
All lawful ordinances, resolutions, rules and regulations, and portions thereof, in force at
the time this Charter takes effect, and not in conflict or inconsistent herewith, are hereby
continued in force until they are repealed, amended, changed or superseded.
SECTION 103. Continuance of Present Officers and Employees.
The present officers and employees of the City 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 appointment or election and
qualification of their successors, but subject to removal, amendment, change, or control
as provided by this Charter. Nothing contained in this Charter, unless specifically
otherwise provided herein, shall affect or impair the personnel, pension, or retirement
rights or privileges of officers or employees of the City, or of any office, department, or
agency thereof, existing at the time this Charter takes effect.
SECTION 104. Continuance of Contracts.
All contracts entered into by the City or for its benefit prior to the effective date of this
Charter and then in effect, shall continue in full force and effect according to their terms.
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SECTION 105. Pending Actions and Proceedings.
No action or proceeding, civil or criminal, filed and pending at the time this Charter takes
effect, brought by or against the City or any officer, office, department or agency
thereof, shall be affected or abated by the adoption of this Charter or by anything
contained in the Charter, but all such actions or proceedings may be continued
notwithstanding that functions, powers, and duties of any officer, office, department or
agency a party thereto, may be assigned or transferred by or under this Charter to
another officer, office, department or agency, but in that event the same may be
prosecuted or defended by the head of the office, department or agency to which such
functions, powers and duties have been assigned or transferred by or under this
Charter.
SECTION 106. Seal.
The official seal of the City at the time this Charter takes effect shall continue to be the
official seal of the City for its acts and business unless and until changed by ordinance
of the city council.
SECTION 107. Severability.
If any article, sections, sentence, clause or portion of this Charter is for any reason held
to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and severable and such
holding shall not affect the validity of the remaining portions of this Charter.
SECTION 108. Effective Date of Charter.
This Charter shall take effect upon its approval and ratification by the qualified voters of
the City and, if approved, after filing and acceptance by the Secretary of State, in
accordance with State general law.
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SECTION 109. Amendment.
Any proposal for the amendment, revision, or repeal of this Charter or any portion
thereof may be proposed by majority vote of the members of the city council, or by
initiative by the People of the City of Rancho Palos Verdes. No such proposal shall be
effective until approved by a majority vote of the City’s voters voting at a statewide
general election for proposals by the city council, or at a statewide general, statewide
primary or regularly scheduled municipal election for proposals by initiative, and filed
with the Secretary of State, in accordance with State general law.
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ARTICLE II - POWERS OF THE 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 and to avoid enactments of
the State of California contrary thereto. The City shall also have the power to exercise,
or act pursuant to any and all rights, powers, privileges or procedures, 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, or
act pursuant to, under the Constitution of the State of California. The enumeration in
this Charter of any particular power shall not be held to be exclusive of, or any limitation
upon, the generality of the foregoing provisions. This Charter shall be liberally
construed to vest the City with all legal authority and powers necessary to protect the
health, safety, and general welfare of all of the citizens of the City.
SECTION 201. Procedures.
The City shall have the power to and may act pursuant to any procedure established by
any law of the State, unless a different procedure is required by this Charter.
SECTION 202. Form of Government.
The municipal government established by this Charter shall continue to be the form of
government known as the "Council-Manager" form of government so that the city
council shall establish the laws, budget and policies of the City, and the city manager
shall implement the laws, budget and policies.
SECTION 203. Intergovernmental Relations.
The City may exercise any of its authority and may perform any of its powers jointly, or
in cooperation with, one or more other cities, counties, states, the United States, or any
political subdivisions, civil divisions, or agencies thereof, or other governmental entity by
entering into joint powers agreements with such entities or in such other manner as
authorized by law.
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SECTION 204. Establishment of Specialized Agencies or Authorities.
The City shall have the power to establish a housing authority, economic development
authority, special district, or other agency or authority of specialized expertise or
application to the full extent as may be permitted by state or federal law, in order to
carry out the business of the City or otherwise advance the health, safety, or general
welfare of its citizens. All specialized agencies created by the City and in existence on
the effective date of this Charter shall continue to perform their duties and operate
pursuant to their existing legal authority and, in addition, any authority granted
hereunder, unless and until city council may otherwise provide by ordinance or
resolution.
SECTION 205. Enterprise Funds.
(a) The City may not impose a fee or charge for water or sewer service, hook-ups,
permitting, transfer or any other service that exceeds the cost of providing that
service.
(b) The City may not collect for its own general fund in-lieu taxes, fees or charges from
any enterprise fund for administration or any other purposes except for
administration of the fund.
(c) The City may not borrow funds held in reserve in any enterprise fund for its use or
the use of any other department or program of the City except in the case of a
declared emergency in accordance with state law.
SECTION 206. General Land Use Authority; Goals and Objectives.
The City of Rancho Palos Verdes is a low-density, semi-rural residential community with
limited commercial development and significant infrastructure challenges that prides
itself in providing exceptional service to the residents and business community it serves.
The City is characterized by its unique topography, coastal areas, natural open spaces
and views. It is the goal of the City to maintain its low-density, semi-rural legacy; to
promote commercial development that is in harmony with the environment; to maintain
a sound financial base; to ensure neighborhood compatibility; and, to serve the needs of
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those who reside, work and recreate in the City. In promoting balance and livability, it is
the goal of the City that residents be able to reside, work, purchase goods and services,
attend school, recreate, and otherwise enjoy the civil society, natural environment, and
other amenities of Rancho Palos Verdes.
Except as otherwise provided by ordinance of the city council, the City shall have the full
power to enact regulatory land use measures, including but not limited to the following:
(a) Creation of a general plan for the long-term growth and orderly development of the
City consistent with the foregoing policies.
(b) Creation of a zoning ordinance which shall be consistent with the general plan and
provides the City’s general land use regulations.
(c) Enact specific plans, overlay control districts or other similar matters for the
regulation and development of land.
(d) Abate public nuisances which depreciate property values.
(e) Make determinations pursuant to the California Environmental Quality Act to protect
the quality of the environment.
(f) Approve the subdivision or re-subdivision of property.
(g) Establish a site design and review process for development applications to assure
high development quality and compatibility with adjacent uses.
(h) Establish procedures to approve conditional uses, variances and other land use
entitlements.
(i) Establish regulations which are sensitive to the unique topography of the City and
the protection of the magnificent views of properties within the City.
(j) Establish regulations for landslide areas which will assist in limiting land movement
and protect property and public health and safety.
(k) Establish measures to protect and preserve open space and natural areas.
(l) Establish measures to mitigate for the impacts of development on adjacent property
and the City generally through land use regulations, requirements that the developer
provide appropriate infrastructure improvements, imposition of impact mitigation
fees, assessments for construction of infrastructure improvements, and similar
measures.
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(m) Condition development to provide for the maintenance in a first-class condition of all
improvements through recorded covenant agreements, assessments and other
measures to assure new development is adequately maintained and pays its fair
share of the costs imposed.
SECTION 207. Preservation of Public Parkland.
No public park or beach or portion thereof now or hereafter owned or operated by the
City shall be sold, leased, exchanged or otherwise transferred or disposed of unless
authorized by the affirmative votes of at least three members of the city council and by
the affirmative vote of at least a majority of the electors voting on such proposition at a
general municipal election or at which such proposition is submitted or at a special
municipal election called as an urgency matter by at least four members of the city
council.
This section shall not apply to the following:
(a) Any lease, franchise, or contract (including concession agreement) in existence
prior to the adoption of this Charter, but the lease, franchise, or contract shall not
be amended to relocate it on the same or different public park or beach, or
increase the intensity of use or the amount of parkland dedicated to or used by
the holder of the lease, franchise, or contract.
(b) Any utility or public works construction, maintenance and repair which does not
negatively impact long-term recreational opportunities.
(c) Any land deed restricted as a nature or habitat preserve.
(d) Any real property or land the City may acquire from time to time for uses other
than parkland or beach, such as for public facilities, streets or access, or other
public works, or for emergency preparedness, or other public purpose.
(e) Vacation of public streets or rights of way in accordance with state law.
(f) Any temporary contract, lease or concession agreement having a term of less
than five (5) years and entered into for the purpose of maintaining, protecting or
enhancing the parkland or beach, or promoting the public use or enjoyment
thereof.
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(g) Any lease, franchise or contract with a term of ten (10) years or less which is
approved by four or more members of the city council.
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ARTICLE III - CITY COUNCIL
SECTION 300. Powers Vested in the City Council.
All powers of the City shall be vested in the city council except as otherwise provided in
this Charter.
SECTION 301. Elective Officers.
The elective officers of the City shall consist of a city council of five (5) members, one of
whom shall be the mayor. The members of the city council shall be elected from the
City at large at the time and in the manner provided in this Charter. Except for the three
(3) year terms commencing in 2017 and 2019 which shall be three (3) years, all
members of city council shall serve for a term of four (4) years and until their respective
successors are elected and qualified.
The five (5) members of the city council in office at the time this Charter takes effect
shall continue in office until the termination of their current terms.
The term of each member of the city council shall commence no later than five (5) days
from the certification of the election results by the city council. Ties in voting among
candidates for office shall be settled by special municipal election pursuant to Section
801 of this Charter.
SECTION 302. Mayor; Mayor Pro Tempore.
At the first regular city council meeting the month following a general municipal election,
in which newly elected council members are sworn and seated, and at the first regular
city council meeting twelve (12) months thereafter, the city council shall designate one
of its members as mayor and one of its members as mayor pro tempore, whom shall
serve in such capacity at the pleasure of the city council. The mayor pro tempore shall
perform the duties of the mayor during any period of the mayor's absence or disability.
The mayor shall be the head of the City for all ceremonial purposes. The mayor shall
serve as the primary, but not exclusive, spokesperson of the City. The mayor shall
assure that meetings are conducted in an orderly and fair manner in accordance with
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law. The mayor shall perform such other duties consistent with his or her office as may
be prescribed by this Charter, or as may be imposed by the city council by resolution or
ordinance.
SECTION 303. Eligibility.
No person shall be eligible to hold an elective office unless he or she is, at the time of
issuance of nomination papers for the elective office, a qualified elector of the City, or of
territory legally annexed thereto, and shall have been domiciled in the City for at least
thirty (30) days immediately preceding his or her election.
Any elective officer of the City who shall accept or retain any other elective public office,
or any other public office whose duties are incompatible with the duties of a member of
the city council of the City, except as may be otherwise provided by this Charter, shall
be deemed thereby to have immediately vacated his or her council office in accordance
with the rules of Government Code Section 1125 or any successor provision thereto.
SECTION 304. Compensation and Expenses.
All members of the city council, including the mayor, shall receive as compensation for
their services a monthly salary which is the lesser of either the amount established by
city council ordinance or the amount established in accordance with, and limited by, the
provisions of law applicable to the salaries of city council members in general law cities
as set forth in Section 36516 of the Government Code of the State of California or any
successor provision thereto. The City shall not provide any additional compensation to
members of the city council for attendance at other meetings of City or City-affiliated
commissions, committees, subcommittees, and boards of directors.
All of the members of the city council, including the mayor, shall continue to be entitled
to reimbursement for their actual and necessary expenses incurred in the performance
of their official duties as stated in, and limited by, the provisions of law applicable to the
reimbursement for expenses city council members in general law cities as set forth in
Section 36514.5, 53232.2 and 53232.3 of the Government Code of the State of
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California or any successor provision thereto. The city manager shall be responsible for
collecting any receipts from the members of the city council for reimbursable expenses
within sixty (60) days of the incurrence of any eligible expense, and shall submit
quarterly reports to the city council regarding said expenses.
SECTION 305. Limitation of Terms.
No person shall serve more than two (2) consecutive terms of office as a member of the
city council.
For the purpose of this section, a "term" shall mean any period of service on the city
council that exceeds two (2) years, and "consecutive" shall mean immediately following,
without an intervening hiatus in service.
Any person who has served two (2) consecutive terms as a member of the city council
shall not be eligible to serve again until the expiration of at least six (6) years after the
end of that person's last term of office and this provision shall supersede any conflicting
provisions of Measure C adopted by the voters in 2003.
SECTION 306. Vacancies.
(a) Vacancy. If a member of the city council (i) is absent from all regular meetings of
the city council for a period of sixty (60) days consecutively from and after the last
regular city council meeting attended by such member, unless such absence is by
permission or excused by the city council expressed in its official minutes; (ii) ceases to
be domiciled in the City or ceases to be an elector of the City or of territory legally
annexed thereto; or (iii) is convicted of any felony or criminal offense involving a
violation of his or her official duties, or a crime involving moral turpitude, the office shall
become vacant. The city council by resolution shall declare the existence of any such
vacancy, and the office shall be deemed vacant from the date of such declaration.
(b) Filling Vacancy. A vacancy on the city council, from whatever cause, that occurs
more than ninety (90) days before or after a general municipal election may be filled by
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appointment by a majority of the remaining members of the city council, or by the calling
of a special election if no appointment is made within sixty (60) days of the
commencement of the vacancy. No person shall be eligible to fill a vacancy unless he
or she is, at the time of appointment or issuance of nomination papers for the special
election, a qualified elector of the City or of territory legally annexed thereto, has been
domiciled in the City for at least one (1) year immediately preceding his or her
appointment or election, and has not held elected office in the City for at least six (6)
years immediately preceding his or her appointment or election to fill a vacancy. Any
person appointed or elected to fill a vacancy in the city council shall serve the remaining
unexpired term of the office. In the event it shall fail to fill a vacancy by appointment
within sixty (60) days after such office shall become vacant, the city council shall cause
an election to be held forthwith to fill such vacancy.
(c) Filling at Time of Election. If a vacancy on the city council occurs for any reason
after the adoption of a resolution by the city council calling for a general municipal
election to elect members to the city council, but not more than ninety (90) days after
the date of that general municipal election, the person who received the highest number
of votes in said election, but was not elected, shall be appointed by the city council to fill
that vacancy. The person appointed pursuant to this provision shall serve the remaining
unexpired term of the office. Persons eligible for appointment shall meet the criteria of
subsection (b) above.
(d) Interim Appointment. If the city council calls a special election to fill a vacancy,
the city council may make an interim appointment to fill the vacancy until the date of the
special election. No person shall be eligible to fill an interim vacancy unless he or she
is, at the time of appointment, a qualified elector of the City or of territory legally
annexed thereto, has been domiciled in the City for at least one (1) year immediately
preceding his or her appointment, and has not held elected office in the City for at least
six (6) years immediately preceding his or her interim appointment to fill the vacancy.
The times and procedures for the calling of any special election to fill a city council
vacancy may be established by ordinance consistent with state law.
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SECTION 307. Interference in Administrative Service.
Except as otherwise provided in this Charter, neither the city council nor any of its
members shall interfere with the execution by the city manager of his or her powers and
duties, or order, directly or indirectly, the appointment by the city manager or by any of
the department heads in the administrative service of the City, of any person to an office
or employment, or his or her removal therefrom. Except for the purpose of inquiry, the
city council and its members shall deal with the administrative service under the city
manager solely through the city manager, and neither the city council nor any member
thereof shall give orders to any subordinates of the city manager, either publicly or
privately.
SECTION 308. Meetings.
(a) Compliance with State Law. Unless otherwise expressly provided in this Charter,
all meetings of the city council shall be called and conducted in accordance with state
law, as specified in the “Brown Act”, California Government. Code Sections 54950, et
seq.
(b) Regular Meetings. Unless otherwise provided by ordinance, or resolution of the
city council, the city council shall hold regular meetings at least twice each month. City
council meetings shall be held at such times as it shall fix by ordinance or resolution and
city council may adjourn or re-adjourn any regular meeting to a date and hour certain
which shall be specified in the order of adjournment and when so adjourned each
adjourned meeting shall be a regular meeting for all purposes. If the hour to which a
meeting is adjourned is not stated in the order of adjournment, such meeting shall be
held at the hour for holding regular meetings. If at any time any regular meeting falls on
a holiday or Rancho Palos Verdes municipal election, such regular meeting shall be
held on the next business day.
(c) Notice and Posting Agenda. The notice and agenda shall be posted at least
seventy two (72) hours before the regular meeting in at least three (3) locations
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designated by resolution of the city council, and one of which is city hall (hereinafter the
“Designated Locations”) freely accessible to the public twenty four (24) hours a day
during the seventy two (72) hour period prior to the meeting, and where the notice and
agenda is not likely to be removed or obscured by other posted material. The notice and
agenda shall also be placed on the City’s official website. The city clerk may also use
additional technological means to disseminate information to the public.
(d) Place of Meetings. Unless otherwise provided by ordinance or resolution of the
city council, all meetings shall be held in the council chambers as such location is
designated by ordinance or resolution of the city council, or in such place to which any
such meeting may be adjourned, and, except for any closed sessions permitted under
state law, shall be open to the public. If, by reason of fire, flood or other emergency, it
shall be unsafe to meet in the place designated, the meetings may be held for the
duration of the emergency at such place as is designated by the mayor, or, if he or she
should fail to act, by three members of the city council.
SECTION 309. Special Meetings.
Special meetings may be called at any time by the mayor, or by a majority of the city
council members, by delivering written notice to each council member and the local
media in accordance with Government Code Section 54956. The notice for a special
meeting shall specify the subject(s) to be considered, and only the matters specified in
the notice may be discussed at special meetings. The notice for a special meeting shall
be conspicuously posted at least twenty four (24) hours prior to the special meeting at
the Designated Locations and in the manner for posting of the regular agendas set forth
in Section 308.
SECTION 310. Quorum; Proceedings.
Three (3) members of the city council shall constitute a quorum to do business, but a
lesser number may adjourn from time to time. In the event none of the members of the
city council are present at any regular meeting or adjourned regular meeting, the city
clerk may declare the meeting adjourned to a stated day, hour, and place. Notice of a
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meeting adjourned by less than a quorum or by the city clerk shall be given by the city
clerk or may be waived by consent in the same manner as specified in this Charter for
the giving or waiving of notice of special meetings of the city council, but need not
specify the matters to be acted upon.
SECTION 311. Oaths; Subpoenas.
Each member of the city council shall have the power to administer oaths and
affirmations in any investigation or proceeding pending before the city council. The city
council shall have the power and authority to compel the attendance of witnesses, to
examine them under oath and to compel the production of evidence before it.
Subpoenas shall be authorized by resolution of the city council and issued by the mayor
in the name of the City and shall be attested by the city clerk. Disobedience of such
subpoenas, or the refusal to testify upon other than constitutional grounds or statutory
privileges, shall constitute a misdemeanor.
SECTION 312. Citizen Participation.
No person shall be denied the right, personally or through counsel, to address the city
council at any regular meeting, adjourned regular meeting or special meeting regarding
any item within its subject matter jurisdiction and if such item is on the agenda, prior to
such item being acted upon by the city council. The city council may, by ordinance or
resolution, establish time limitations for speaking and impose other reasonable
regulations on the exercise of such right to preserve the orderly nature of its
proceedings.
SECTION 313. Adoption of Ordinances and Resolutions.
With the sole exception of ordinances which take effect upon adoption, referred to in
this section, all ordinances shall be first introduced by the city council, and shall have a
second reading no sooner than fourteen (14) days after the date of their introduction
and prior to their adoption. All ordinances shall be introduced, deliberated, and passed
upon at a regular or adjourned regular meeting of the city council. At the time of its
introduction, an ordinance shall become a part of the proceedings of such meeting, and
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a copy of the introduced ordinance shall be kept in the custody of the city clerk. A
proposed ordinance shall be read by title only unless a council member disagrees that
the ordinance can be read by title only and requests a full reading. In the event that any
ordinance is altered after its introduction, the same shall not be finally adopted except
after a second reading at a regular or adjourned regular meeting held not less than
fourteen (14) days after the date upon which such ordinance was so altered. The
correction of typographical or clerical errors shall not constitute the making of an
alteration within the meaning of the foregoing sentence.
No order for the payment of money shall be adopted or made at any meeting other than
a regular, adjourned regular, or special meeting.
Unless a higher vote is required by other provisions of this Charter, or by the laws of the
State of California which supersede this Chapter, the affirmative votes of at least three
(3) members of the city council shall be required for the enactment of any ordinance, or
the making or approving of any order for the payment of money, or for entering into any
contract where the amount to be paid by the City exceeds twenty five thousand dollars
($25,000), or such other amount as city council may establish by ordinance.
All ordinances and resolutions shall be signed by the mayor or in the mayor’s absence,
the mayor pro tempore, and attested by the city clerk.
Any ordinance declared by the city 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
passed by at least four (4) affirmative votes. Any ordinance that carries an emergency
clause shall be effective for no more than six (6) months from the date of adoption,
unless reintroduced and passed in the normal manner by the city council at a regular or
adjourned regular meeting.
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SECTION 314. Ordinances; Publication.
The city clerk shall cause each ordinance or a summary of each ordinance to be
published at least once in a newspaper of general circulation in the City, and posted on
the City’s official website within fifteen (15) days after its adoption. If there is no
newspaper of general circulation in the City, the city clerk shall cause it to be posted in
the manner provided in Section 308 or published in a newspaper of general circulation
printed and published in the County and circulated in the City. The city clerk may also
use additional technological means available to disseminate information to the public.
SECTION 315. Codification of Ordinances.
Any or all ordinances of the City which have been enacted and published in the manner
required at the time of their adoption, and which have not been repealed, may be
compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance
code, and such code may be adopted by reference, with the same effect as an
ordinance, by the passage of an ordinance for such purpose. Such code need not be
published in the manner required for other ordinances, but not less than three (3) copies
thereof shall be filed for use and examination by the public in the office of the city clerk
prior to the adoption thereof. Amendments to the code shall be enacted in the same
manner as ordinances.
Detailed regulations pertaining to the construction of buildings, plumbing and wiring,
mechanical devices, abatement of dangerous buildings, or similar matters consisting of
part of a uniform code adopted by the County of Los Angeles, or generally adopted on a
state-wide or region-wide basis, when arranged as a comprehensive code, may likewise
be adopted by reference to the full extent permitted by the general laws of the State of
California, and pursuant to procedures established therein. Maps, charts and diagrams
also may be adopted by reference in the same manner.
SECTION 316. Ordinances; When Effective.
No ordinance shall become effective until thirty (30) days from and after the date of its
adoption, except the following, which shall take effect immediately upon adoption:
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(a) An ordinance calling or otherwise relating to an election.
(b) An assessment district ordinance adopted under some special law or procedural
ordinance relating thereto.
(c) An ordinance declaring the amount of money necessary to be raised by taxation,
or fixing the rate of taxation, or levying a tax upon property.
(d) An emergency ordinance adopted in the manner provided for in this article.
SECTION 317. Ordinances; Violation; Penalty.
The city council may designate the violation of any ordinance of the City to constitute a
misdemeanor or an infraction. Unless specifically designated as an infraction, a
violation of any ordinance of the City shall constitute a misdemeanor and may be
prosecuted in the name of the people of the State of California or may be redressed by
civil action. The maximum fine or penalty for any violation of a City ordinance, whether
a misdemeanor or an infraction, shall be as established by ordinance or resolution of
the city council.
SECTION 318. Publishing of Legal Notices.
The city clerk shall cause all legal notices to be published in a newspaper of general
circulation within the City, posted in the Designated Locations and on the City’s official
website all as designated in Section 308. The city clerk may also utilize other
technological means available for dissemination of information to the public. In the event
no newspaper of general circulation is published and circulated in the City, then all legal
notices or other matters may be published by posting copies thereof in the Designated
Locations in accordance with Section 308 and on the City’s official website.
No defect or irregularity in proceedings taken under this section, or failure to designate
an official newspaper, shall invalidate any publication where the same is otherwise in
conformity with this Charter, or ordinance, or other law.
SECTION 319. Contracts; Execution.
The City shall not be bound by any contract, except as hereinafter provided, unless it is
in writing, approved by the city council and signed on behalf of the City by the mayor or
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in the mayor’s absence, the mayor pro tempore, and city clerk or by such other officer or
officers as shall be designated by the city council. Any of said officers shall sign a
contract on behalf of the City when directed to do so by ordinance, resolution, or other
order of the city council.
By ordinance or resolution the city council may authorize the city manager to bind the
City, with or without a written contract, including by purchase order, for the acquisition of
equipment, materials, supplies, labor, services or other items included within the budget
approved by the city council, and shall impose a monetary limit upon such authority.
The city council shall by ordinance or resolution provide a method for the sale or
exchange of personal property not needed in the City service or not fit for the purpose
for which intended, and for the conveyance of title thereto.
Contracts for the sale of the products, commodities or services of any department or
public utility owned, controlled or operated by the City may be made by the manager of
such utility or by the city manager upon forms approved by the city manager and at
rates fixed by the city council.
The provisions of this section shall not apply to services rendered by any person in the
employ of the City.
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ARTICLE IV - CITY MANAGER AND CITY ATTORNEY
SECTION 400. City Manager.
There shall be a city manager who shall be the chief administrative officer of the
City. The city council shall appoint, by an affirmative vote of at least three (3) of its
members, the person that it believes to be best qualified on the basis of his or her
executive and administrative qualifications, with special reference to experience in, and
knowledge of, accepted practice in respect to the duties of the office. The city manager
shall serve at the pleasure of the city council.
SECTION 401. Eligibility.
No person shall be eligible to receive appointment as city manager while serving as a
member of the city council nor within six (6) years after he or she has ceased to be a
member of the city council.
SECTION 402. Compensation and Bond.
The city council shall be authorized to enter into a contract of employment with the city
manager. The city manager shall have no vested or procedural rights in connection
with his or her employment as city manager, except as may be granted by city council
through contract or ordinance. The city manager shall be paid a salary commensurate
with his or her responsibilities as chief administrative officer of the city, which salary
shall be established by resolution of the city council, or by contract with the city
manager.
The city manager shall furnish a corporate surety bond conditioned upon the faithful
performance of his or her duties in such form and in such amount as may be
determined by the city council. Any premium for such bond shall be a proper charge
against the City.
SECTION 403. City Manager Powers and Duties.
The city manager shall be the administrative head of the government of the City under
the direction and control of the city council. The city manager shall be responsible for
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the efficient administration of all the affairs of the City which are under the city
manager’s control. In addition to his or her general powers as administrative head, and
not as a limitation thereon, the city manager shall have the powers and duties as set
forth by ordinance of the city council including the following:
(a) Ordinances. To recommend to the city council for adoption such measures and
ordinances as deemed appropriate, and to enforce all laws and ordinances of the City
and see that all franchises, contracts, permits and privileges granted by the City are
faithfully observed.
(b) Management Authority. To maintain management control, and provide direction
to all department heads, subordinate officers and employees of the City. To effect
such administrative organization of offices, positions or units in the interest of efficient,
effective and economical conduct of the City's business with concurrence of the city
council.
(c) Power of Appointment and Removal. To appoint, remove, promote and demote
all City officers and employees, except for elected officials and the city attorney,
subject to the following, (i) all applicable personnel ordinances, rules and regulations
of city; and (ii) all other ordinances of the city council.
(d) Council Meetings. To participate in meetings of the city council unless excused
or as otherwise directed by the mayor or city council.
(e) Financial Reports. To keep the city council at all times advised as to the
financial condition and needs of the City.
(f) Budget. To prepare and submit the proposed balanced annual budget to the
city council for consideration and approval.
(g) Purchasing Agent. To purchase all supplies for all the departments or divisions
of the City in accordance with the purchasing ordinance as approved by the city
council.
(h) Investigations and Complaints. To make investigations into the affairs of the
City and any department or division thereof, and any contract or the proper
performance of any obligations of the City; to investigate all complaints in relation to
matters concerning the administration of the City government and the service
maintained by public utilities in the City; to create processes to receive complaints
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from citizens, vendors, and other aggrieved persons; to report on any investigative
activities and make recommendations to the city council. At the city council's
discretion, the city council may decide to conduct/oversee specific resident, contractor
and/or other non-employee complaints and investigations.
(i) Public Buildings. To exercise general supervision over all public buildings,
public parks and all other public property which are under the control and jurisdiction
of the city council.
(j) Other Duties. To perform such other duties or exercise such other powers as
may be delegated to the city manager from time to time by ordinance, resolution or
other official action of the city council.
SECTION 404. Removal.
Unless for cause, the city manager shall not be removed from office by action taken by
the city council during the period of ninety (90) days following any municipal election at
which a member of the city council is elected. At any other time the city manager may
be removed only at a regular meeting of the city council and upon the affirmative votes
of at least three (3) members of the city council. In removing the city manager, the city
council shall have absolute discretion, and its actions shall be final. The city manager is
an at will employee and shall not have any procedural rights entitling him or her to a
hearing or other notice prior to termination, except as may be provided by ordinance or
contract.
SECTION 405. Acting City Manager.
When the city manager will be away from the office for more than one day (temporary
illness, disability, scheduled absence, etc.), the city council shall be so notified and the
deputy city manager or other departmental director, as the city manager may designate
in writing filed with the city clerk, shall be designated and delegated "acting" city
manager authority. If the city manager fails to designate an "acting city manager," the
acting position shall be filled in this order: assistant or deputy city manager, then finance
director, unless the city council designates a qualified city administrative officer to
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exercise the powers and perform the duties of city manager during the temporary
absence or disability.
SECTION 406. City Attorney.
There shall be a city attorney, who shall be appointed by and serve at the pleasure of
the city council. An affirmative vote of three (3) members of the city council shall be
required to appoint or remove the city attorney. To become and remain eligible for city
attorney the person appointed shall be an attorney-at-law duly licensed as such under
the laws of the State of California.
SECTION 407. City Attorney, Powers and Duties.
The city council is authorized to enter into a contract with the city attorney. The city
attorney shall have no vested or procedural rights in connection with his or her
employment as city attorney, except as may be granted by city council, through
ordinance, contract or otherwise. The city attorney shall have power and be required to:
(a) Represent and advise the city council and all City officers in all matters of law
pertaining to their offices.
(b) Represent and appear for the City in any or all actions or proceedings in which the
City is concerned or is a party, and represent and appear for any city officer or
employee, or former city officer or employee, in any or all actions and proceedings in
which any such officer or employee is concerned or is a party for any act arising out
of his employment or by reason of his or her official capacity.
(c) Attend all meetings of the city council and give advice or opinions in writing
whenever requested to do so by the city council or by any of the advisory boards,
committees, commissions or officers of the City.
(d) Approve the form of contracts made by and bonds given to the City, and all deeds or
covenants recorded for or on behalf of the City.
(e) Approve any and all proposed ordinances and resolutions for the City and
amendments thereto.
(f) Surrender to his or her successor all books, papers, files and documents pertaining
to the City's affairs.
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(g) Prosecute on behalf of the people of the City any or all criminal cases arising from
violation of city ordinances, and such State misdemeanors as the City has the power
to prosecute.
(h) Recommend and oversee the hiring and supervise the work of any and all other
attorneys employed by the City to perform legal work on any litigation or other
matter, or to otherwise assist the city attorney.
(i) To otherwise serve as the legal counselor to the City, and to perform other duties
consistent with the Charter, as directed by the city council.
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ARTICLE V - EMPLOYEES
SECTION 500. Administrative Departments.
The city council may provide, by ordinance not inconsistent with this Charter, for the
organization, conduct and operation of the several offices and departments of the City
as established by this Charter, for the creation of additional departments, divisions,
offices and agencies and for their consolidation, alteration or abolition. Each new
department created by the city council shall be headed by an officer as department
head who shall be appointed and may be suspended or removed by the city manager.
The city council, by ordinance or resolution, may assign additional functions or duties to
offices, departments or agencies not inconsistent with this Charter. Where the positions
are not incompatible, the city council may combine in one person the powers and duties
of two or more offices created or authorized by this Charter. The city council shall
provide for the number, titles, qualifications, powers, duties and compensation of all
officers and employees.
SECTION 501. City Clerk; Powers and Duties.
There shall be a city clerk who shall be appointed by the city manager, and the city
manager shall have the authority to discipline or dismiss the city clerk. The city clerk
shall have power and shall be required to:
(a) Attend in person or through authorized representative, all meetings of the city
council and be responsible for the recording and maintaining of a full and true record
of all of the proceedings of the city council in books that shall bear appropriate titles
and be devoted to such purpose.
(b) Maintain records, in which shall be recorded respectively all ordinances, with the
certificate of the city clerk annexed to each thereof stating the same to be the
original or a correct copy, and as to an ordinance requiring publication, stating that
the same has been published or posted in accordance with this Charter; and keep
all books properly indexed and open to public inspection when not in actual use.
(c) Have the responsibility for records management of official actions of the city council,
including contracts, bonds, deeds, and other recorded instruments.
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(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 ex-officio assessor, unless the city council has availed itself, or does in the future
avail itself, of the provisions of the general laws of the State relative to the
assessment of property and the collection of City taxes by County officers, or unless
the city council by ordinance provides otherwise.
(g) Serve as the election official of the City and have charge of all City elections. Serve
as the City's agent for service of process.
(h) Perform such other duties not inconsistent with this Charter as may be required by
ordinance or resolution of the city council.
SECTION 502. Director of Finance and Treasurer; Powers and Duties.
There shall be a director of finance who shall also be the city treasurer who shall be
appointed by the city manager, and whose appointment, suspension or removal by the
city manager shall be subject to the advice and consent of the city council. The director
of finance and treasurer shall be qualified by sufficient technical accounting training,
skill, and experience to be proficient in the discharge of the responsibilities of the
office. The director of finance and treasurer shall have power and shall be required to:
(a) Serve as the chief fiscal officer of the City as well as exercising all the functions of
the office of treasurer under state law.
(b) Have charge of the administration of the financial affairs of the City under the
direction of the city manager, and to assist and advise the city council and city
manager in all matters pertaining to City finances.
(c) Compile annual expense and income estimates for the city manager.
(d) Maintain a general accounting system for the City government and each of its
offices, departments and agencies, and perform all financial and accounting duties.
(e) Supervise and be responsible for the disbursement of all moneys and have control
of all expenditures to insure that budget appropriations are not exceeded; audit all
purchase orders before issuance; audit and approve before payment, all bills,
invoices, payrolls, demands or charges against the City government and, with the
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advice of the city attorney, when necessary, determine the regularity, legality and
correctness of such claims, demands or charges.
(f) Submit to the city council through the city manager a periodic 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) Receive all taxes, assessments, license fees and other revenues of the City, or for
whose collection the City is responsible, and receive all taxes or other money
receivable by the City from the county, state or federal government, or from any
court, or from any office, department or agency of the City.
(i) Have custody of all public funds belonging to or under control of the City or any
office, department or agency of the City government and deposit all funds coming
into his or her hands in such depository as may be designated by resolution of the
city council, or, if no such resolution be adopted, then in such depository designated
in writing by the city manager, and in compliance with all of the provisions of the
State Constitution and laws of the State governing the handling, depositing and
securing of public funds.
(j) Perform such other duties not inconsistent with this Charter as may be required by
the city council.
SECTION 503. Department Heads.
Each department head shall have the authority to administer his or her department, to
oversee the employees in his or her department, and manage the department under the
direction of the city manager and in accordance with the ordinances, resolutions and
policies of the city council.
Each department head and his or her deputies shall have the power to administer oaths
and affirmations in connection with any official business pertaining to his or her
department.
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SECTION 504. Compensation.
The city council shall determine, by ordinance or resolution, the amount of
compensation to be paid to all City officers, department heads, and employees.
SECTION 505. Indemnification of Employees.
Upon request by any employee or former employee of the City named in any claim or
action against him or her for an injury arising out of an act or omission occurring within
the scope of his or her employment as an employee of the City, made in writing not
more than sixty (60) days after the employee or former employee became aware of the
action, and not less than ten (10) days before the date of trial, and so long as the
employee or former employee (i) was acting in the course and scope of employment, (ii)
was not acting with fraud, corruption or malice, and (iii) cooperates reasonably and in
good faith in the defense of the claim or action, the City shall pay any judgment based
thereon or any compromise or settlement of the claim or action to which the City has
agreed. Where the City conducts the defense of the claim or action pursuant to an
agreement with the employee or former employee, reserving the City's rights not to pay
the judgment, compromise, or settlement until it is established the injury arose out of act
or omission occurring within the scope of his or her employment as a City employee, the
City shall be required to pay for the defense or the judgment, compromise, or settlement
only if it is established the injury arose out of an act or omission occurring within the
scope of the reservation of rights agreement. The City may indemnify any employee or
former employee for any part of a claim or judgment that is for punitive or exemplary
damages only upon a vote to do so by a majority of the membership of the city council.
The city council may, by ordinance or resolution, provide for equitable relief from the
time limitations upon making of a request for indemnity.
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ARTICLE VI - APPOINTIVE ADVISORY BOARDS, COMMITTEES AND
COMMISSIONS
SECTION 600. In General.
To assist the city council in the governance of the City, there shall be a planning
commission and such other advisory boards, committees or commissions as the city
council may establish by ordinance or resolution. The city council shall set the
purposes and size of such advisory boards, committees and commissions and may
grant to them such powers and duties as it deems appropriate and are consistent with
the provisions of this Charter.
SECTION 601. Appropriations.
The city council shall include in its annual budget such appropriations of funds as in its
opinion shall be sufficient for the efficient and proper functioning of such advisory
boards, committees and commissions. The city council may, by ordinance or resolution,
set reasonable fees and charges for defraying the costs of hearings or other
administrative proceedings of the City's appointive advisory boards, committees and
commissions
SECTION 602. Appointments; Terms.
The members of each City advisory board, committee or commission shall be appointed
by at least three (3) affirmative votes of the city council. Each member shall be a
qualified elector of the City, or of territory legally annexed thereto, shall be domiciled in
the City for at least one (1) year immediately preceding his or her appointment and shall
continue to reside in the City for the duration of his or her tenure, unless otherwise
provided by ordinance. The city council, for good cause, may waive the requirement of
residency for at least one (1) year prior to appointment and for the duration of his or her
tenure, in individual cases. Notice of the availability of a position for appointment or to
fill a vacancy shall be subject to the provisions of the Maddy Act (Govt. Code Section
54970 - 54974) and posted in the Designated Locations pursuant to Section 308 and
shall also be posted on the City’s official website. The city clerk may also utilize other
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technological means available to disseminate information to the public. The city council
may, by resolution, adopt additional procedures to receive and consider applicants for
City advisory boards, committees and commissions. No member of a City advisory
board, committee or commission shall hold any paid office or employment in the City
government. The members thereof shall serve for a term of four (4) years, unless the
city council establishes a different term by ordinance or resolution, and until their
respective successors are appointed and qualified. The respective terms of office of all
members of the advisory boards, committees and commissions in existence at the time
this Charter takes effect shall continue upon the effective date of this Charter.
SECTION 603. Meetings; Chairs
As soon as practicable, following the first day of every calendar year, or such other time
as may be designated by resolution of the city council, the city council shall appoint a
member to serve as chair of each advisory board, committee and commission. Each
advisory board, committee or commission may organize by electing one or more of its
members to serve as vice-chair(s) who shall serve at the pleasure of such advisory
board, committee or commission. Unless otherwise provided by ordinance or in the
rules of proceeding promulgated by the applicable advisory board, committee or
commission, each advisory board, committee or commission shall hold regular meetings
at least once each month, and may hold special meetings as such advisory board,
committee or commission may require. All proceedings shall be open to the public,
except for such closed sessions as may be authorized by law, and shall be conducted in
accordance with open meeting laws of the State of California.
Except as may be otherwise provided in this Charter, the city manager shall designate a
secretary for the recording of minutes for each of such advisory boards, committees and
commissions, who shall keep a record of its proceedings and transactions and shall
provide staff support for such advisory board, committee or commission. Each advisory
board, committee or commission may by resolution adopt such other rules and
regulations which shall be consistent with this Charter and the rules and policies of the
city council.
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SECTION 604. Compensation.
Unless otherwise provided by ordinance or resolution of the city council, the members of
advisory boards, committees 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 city council.
SECTION 605. Removal; Vacancies.
Any member of an advisory board, committee or commission shall serve at the pleasure
of the city council and may be removed at any time by a vote of a majority of the
membership of the city council.
Causes for removal include but are not limited to:
(a) Excessive absenteeism, to be defined as absence from three (3) consecutive
meetings of such advisory board, committee, or commission or for twenty five percent
(25%) of the duly scheduled meetings of the advisory board. committee or commission
within any fiscal year, unless by permission of such advisory board, committee or
commission expressed in its official minutes.
(b) Upon conviction of any felony or crime involving moral turpitude.
(c) The member ceases to be a qualified elector of the City.
The city council may declare the office of any advisory board, committee or commission
member vacant, and the vacancy shall be effective from the date of the declaration
unless otherwise specified in the declaration.
Any vacancies in any advisory board, committee or commission shall be filled by
appointment by a majority of the membership of the city 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.
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SECTION 606. Indemnification of Members.
Upon request by any member or former member of any appointed advisory board,
commission or commission established in this article, named in any claim or action
against him or her for an injury arising out of an act or omission occurring within the
scope of his or her duties as a member of such advisory board, committee or
commission of the City, made in writing not more than sixty (60) days after the member
or former member became aware of the action and not less than ten (10) days before te
day of trial; and so long as the member or former member (i) was acting in the course
and scope of employment, (ii) was not acting with fraud, corruption or malice, and (iii)
cooperates reasonably and in good faith in the defense of the claim or action, the City
shall provide for the defense and pay any judgment based thereon or any compromise
or settlement of the claim or action to which the City has agreed. Where the City
provides the defense of the claim or action, it may do so pursuant to an agreement with
the member or former member of such advisory board, committee or commission
reserving the City's rights not to pay the judgment, compromise, or settlement until it is
established the injury arose out of act or omission occurring within the scope of his or
her duties as a member of such advisory board, committee or commission, and without
fraud, corruption, or malice, and the City shall be required to pay for the defense or the
judgment, compromise, or settlement only if it is established the injury arose out of an
act or omission occurring within the scope of the reservation of rights agreement. The
City may indemnify any member or former member of such advisory board, committee
or commission for any part of a claim or judgment that is for punitive or exemplary
damages only upon a vote to do so by a majority of the membership of the city council.
The city council may, by ordinance or resolution, provide for equitable relief from the
time limitations upon making of a request for indemnity.
SECTION 607. Planning Commission; Powers and Duties.
There shall be a planning commission consisting of no fewer than five (5) members.
The director of community development or his or her designated representative, shall
attend all planning commission meetings. The planning commission may meet with and
receive advice from the city attorney as it or the city attorney may deem necessary. The
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planning commission shall have all of the following powers and duties, which powers
and duties may be modified by ordinance of the city council:
(a) All duties set out in the State Planning and Zoning Law for a planning agency as
same now exists and as same may hereafter be amended.
(b) After public hearing, recommend to the city council any amendment to the general
plan or any part thereof, or any zoning ordinance amendments.
(c) Exercise authority granted to it by ordinance over subdivisions, use permits, or other
matters not inconsistent with this Charter.
(d) Review the quality and nature of development within the City in accordance with the
general plan and make recommendations to the city council to assure development
is carried out in accordance with the general plan and the City’s planning standards.
(e) Make recommendations to the city council concerning the annual capital
improvement plan and as to the acquisition and disposal of real property in terms of
consistence of such with the general plan.
(f) Perform other duties specified by the city council not inconsistent with this Charter.
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ARTICLE VII - PERSONNEL SYSTEM
SECTION 701. Personnel Rules and Policies
The city council may by ordinance or resolution establish a system of personnel rules
and policies, governing the terms of employment of any or all employees of the City.
The personnel rules and policies may govern, without limitation, the following aspects of
the personnel system:
(a) Classification of employment by employment position between exempt and non-
exempt appointments, and determination of "at will" categories of employment
positions.
(b) The preparation, installation, revision and administration of a position classification
plan covering all positions in the competitive service.
(c) The preparation, installation, revision and administration of a plan of compensation
corresponding to the position classification plan, providing a rate or range of pay for
each class.
(d) The public announcement of examinations and application for and acceptance of
applications for employment and establishing of criteria related thereto.
(e) The preparation and administration of examinations and the establishment and use
of resulting employment lists containing names of persons eligible for appointment.
(f) The certification and appointment of persons from employment lists, and the making
of temporary, emergency, and provisional appointments.
(g) The establishment of hours of work, attendance and leave regulations, training
programs, benefits, conduct guidelines and other conditions of work.
(h) The evaluation of employees during the probationary period and at periodic
intervals.
(i) The transfer, promotion, demotion, reinstatement, separation, or any other change
of status of employees in the competitive service.
(j) The discipline of employees.
(k) A system or systems for submission to and review by the city manager, personnel
manager or other designated person or persons, of designated types of discipline
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and personnel decisions, for fact-finding, recommendations, final decision or other
designated purposes or effects.
SECTION 702. Contracts with Employees; State Employees Retirement System.
(a) Memorandum of Understanding. City may enter into any contracts or collective
bargaining agreements with its employees, and shall meet and confer with the duly
authorized representative of such employees regarding wages, hours and other terms
and conditions of employment to be included in any such agreement. The city council
may by resolution establish conditions for the recognition of employee bargaining
groups, but shall retain management rights and necessary authority to administer the
City organization.
(b) CalPERS contract. Plenary authority under this Charter shall be vested in the
City and the city council, and by delegation of the city council, to its several officers,
agents, and employees, to do all acts and exercise all authority granted, permitted, or
required to enable the City to continue as a contracting city under the Public Employees'
Retirement System, and shall terminate such contract only in accordance with state law.
SECTION 703. Eligibility for Appointed Office.
No person holding or retaining any elective public office, and no person holding any
appointed office whose duties are incompatible with the duties to be discharged for the
City, shall be eligible for appointment as city manager, city attorney, or a member of any
appointed advisory board, committee or commission. No person shall be eligible for
appointment as city manager, city attorney, or a member of any appointed advisory
board, committee or commission who is a relative by blood or marriage within the third
degree of any one or more members of the city council. The city manager, respective
department heads, and all other persons empowered by this Charter or ordinance to
appoint any person to any appointed position in the City government shall not appoint
any person who is a relative by blood or marriage within the third degree of the person
making the appointment.
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SECTION 704. Illegal Contracts; Financial Interest; Incompatible Employment.
(a) Conflicts of Interest. All officers and employees of the City shall fully comply with
all state laws regarding conflicts of interest and incompatible employment, including
that: (i) No member of the city council, department head or other officer of the City
(except a member of any advisory board, committee or commission), shall be financially
interested, directly or indirectly, in any contract, sale or transaction to which the City is a
party; and (ii) No member of any advisory board, committee or commission shall be
financially interested, directly or indirectly, in any contract, sale or transaction to which
the City is a party and which comes before the advisory board, committee or
commission of which such person is a member for approval or other official action or
which pertains to the department, office or agency of the City with which such advisory
board, committee or commission is connected. Any contract, sale or transaction in
which there shall be such an interest, as specified in this section, shall become void at
the election of the City when so declared by resolution of the city council. The general
laws of the State of California shall be used in determining what constitutes a financial
interest for the purpose of this section, which general laws may be supplemented or
modified by regulations of the city council adopted by ordinance.
(b) Forfeit Office. If any member of the city council, department head or other officer
of the City, or member of an advisory board, committee or commission shall be
financially interested as aforesaid, upon conviction thereof he or she shall forfeit his or
her office in addition to any other penalty which may be imposed for such violation of
this Charter.
(c) Incompatible Employment. No city council member, department head, or other
officer or employee of the City shall engage in any employment activity or enterprise
which is inconsistent, incompatible, or in conflict with his or her duties with the City. The
city council may, by ordinance, resolution, or regulation, adopt rules for determining
those outside activities which are inconsistent, incompatible, or in conflict with the
official duties for the City for the various offices or employment.
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ARTICLE VIII - ELECTIONS
SECTION 800. General Municipal Elections.
General municipal elections for the election of city council members and for such other
purposes as the city council may prescribe shall be held in the City on the first Tuesday
in November in each even numbered year. This section shall not apply to the general
municipal election scheduled to be held in November 2019.
SECTION 801. Special Municipal Elections.
All other municipal elections that may be held by authority of this Charter, or of any law,
shall be known as special municipal elections.
SECTION 802. Procedure for Holding Elections.
All elections shall be held in accordance with the provisions of the Elections Code of the
State of California, as the same now exist or hereafter may be amended, for the holding
of municipal elections, so far as the same are not in conflict with this Charter. The city
council may in its discretion determine to conduct mail ballot elections by such
procedure as it may prescribe by ordinance.
SECTION 803. Initiative, Referendum and Recall.
There are hereby reserved to the electors 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 the same now exist or hereafter may be
amended, governing the initiative and referendum and the recall of municipal officers,
shall apply to the use thereof in the City so far as such provisions of the Elections Code
are not in conflict with the provisions of this Charter.
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ARTICLE IX - FISCAL ADMINISTRATION
SECTION 900. Fiscal Year.
The fiscal year of the City government shall be as specified by ordinance of the city
council.
SECTION 901. Annual Budget.
The city council shall establish by ordinance the procedures for the preparation, review,
adoption, distribution and administration the annual budget. The city council may
establish other policies and procedures regarding the annual budget, such as reserve
policies and adoption deadlines, by resolution. The city manager shall be responsible
for the preparation of the budget in accordance with such policies.
SECTION 902. Proposed Budget; Submission to City Council.
At least sixty (60) days prior to the beginning of each fiscal year, the city manager shall
submit to the city council the proposed budget and make copies of same available for
inspection by the public in the office of the city clerk, on the City’s official website and
the Designated Locations per Section 308, and may use such other technological
means available to disseminate information to the public as the city clerk may
determine. After reviewing the proposed budget and making such revisions as it may
deem advisable, the city council shall determine the time for the holding of a public
hearing thereon and shall cause to be published a notice thereof not less than ten (10)
days prior to said hearing. Copies of the revised proposed budget shall be available for
inspection by the public in the office of the city clerk at least ten (10) days prior to said
hearing.
SECTION 903. Budget; Public Hearing.
At the time and place specified in the notice, the city council shall hold a public hearing
on the proposed budget, at which interested persons shall be given the opportunity to
be heard and present evidence. The hearing may be continued from time to time by the
city council.
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SECTION 904. Budget; Adoption.
On or before the first date of the fiscal year, city council shall adopt such budget as it
deems appropriate for that fiscal year by resolution. If because of an emergency the city
council does not adopt the budget in a timely fashion, one-twelfth of the amount of the
total prior fiscal year's budget may be expended each month until the budget is adopted,
provided that, if the city manager's estimates project a decrease in revenues from the
prior fiscal year, the amount which may be expended in any month shall be reduced by
one-twelfth of the total revenue decrease projected. A copy of the approved budget,
certified by the city clerk, shall be filed with the director of finance and treasurer and a
further copy shall be placed, and shall remain on file, in the office of the city clerk where
it shall be available for public inspection. The budget so certified shall be reproduced
and copies made available for the use of the public and of departments, offices and
agencies of the City, and shall be posted on the City’s official website and at the
Designated Locations pursuant to Section 308. The city clerk may also use other
technological means available to disseminate information to the public.
SECTION 905. Budget; Appropriations.
From the effective date of the budget, the several amounts stated therein as proposed
expenditures shall be and become appropriated to the several departments, offices and
agencies for the respective objects and purposes stated. All appropriations shall lapse
at the end of the fiscal year to the extent that they shall not have been expended or
lawfully encumbered.
At any meeting after the adoption of the budget, the city council may by resolution
amend or supplement the budget by motion adopted by the affirmative votes of at least
three (3) members so as to authorize the transfer of unused balances appropriated for
one purpose to another purpose, or to appropriate available funds not included in the
budget, or to cancel any appropriation not expended or encumbered.
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SECTION 906. Municipal Finance Authority.
The city council is specifically authorized to regulate municipal finance and adopt
ordinances, resolutions and orders within the municipal affairs of the City to the extent
permitted to charter cities under the State Constitution. The City may in its discretion
comply with state laws regulating municipal finance or avoid enactments of the State of
California contrary to its ordinances.
SECTION 907. Tax Authority.
The City shall have the full power to enact any taxes, assessments, fees or any other
measures from the purposes of raising revenue which charter cities in the State of
California may enact.
Notwithstanding the authority to enact taxes as stated above, the following limitations
shall apply:
(a) General Tax. The city council shall not impose, extend, or increase any general
tax for general government purposes unless and until that tax is submitted to the
electorate and approved by a majority vote. A general tax shall not be deemed to
have been increased if it is imposed at a rate not higher than the maximum rate
so approved.
(b) Special Tax. The city council shall not impose, extend, or increase any special
tax for specific purposes unless and until that tax is submitted to the electorate
and approved by a two-thirds vote. A special tax shall not be deemed to have
been increased if it is imposed at a rate not higher than the maximum rate so
approved.
(c) Property Tax. The maximum amount of any ad valorem tax on real property shall
not exceed one percent (1%) of the full cash value of such property as provided
by the State Constitution, except for the City with respect to bonded
indebtedness for the acquisition or improvement of real property, approved by
two-thirds of the votes cast by the voters voting on the proposition or except as
may be permitted by the California Constitution with respect to water, stormwater
and wastewater facilities.
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SECTION 908. Tax Procedure.
The procedure for the assessment, levy and collection of taxes upon property, taxable
for municipal purposes, or establishment of property assessments or imposition of fees
may be prescribed by ordinance of the city council, subject to applicable provisions of
the State Constitution.
SECTION 909. Bonded Debt.
The City shall have full power to incur bonded indebtedness for the purpose of raising
revenue to the full extent permissible to charter cities under the State Constitution. 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 those electors voting
on such proposition at any election at which the question is submitted to the electors, in
full compliance with the provisions of the State Constitution and of this Charter provided,
however, that to the extent the State Constitution in the future allows for a lesser
requirement than a two-thirds vote of the electors with respect to water, wastewater,
stormwater or other municipal facilities, the provisions of the State Constitution shall
apply. This requirement shall not apply to other forms of municipal finance including
taxation, assessments and fees, which may be enacted in accordance with Section 907.
SECTION 910. Election for Major Capital Projects.
The appropriation and/or expenditure of City funds in excess of twenty million dollars
($20,000,000) by the City or any entity thereof, such as a public financing authority, for
the development of public improvements or facilities must be approved by the voters of
the City at an election called for such purpose or, in the event of urgency, by a vote of at
least four members of the city council. For purposes of this section, the $20,000,000
trigger only applies to the City’s funding of the project, and not any grant or other non-
city funding which does not count towards the limit and does not include financing costs,
but would apply if City funds are spent over multiple years to carry out the project. In
addition, the foregoing requirements for an election does not apply to:
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(a) The conduct of feasibility studies, design work, or other planning or
preconstruction activity, so long as no commitment has been made to construct the
public improvements or facility.
(b) The maintenance, repair, or operation of any public improvement or facility.
(c) The redesign or modification of any public improvement or facility which has
already received voter approval.
SECTION 911. Presentation of Demands.
(a) Presentation of Claims for Damages. All claims for damages against the City
shall be governed by the general laws of the State of California, so far as such general
laws are applicable and except as otherwise provided herein. For all claims not
otherwise covered by the general laws of the State of California, all claims for damages
against the City must be verified and presented to the city clerk within one (1) year after
the occurrence, event or transaction from which the damages allegedly arose, or within
such shorter time as is otherwise provided by law, and shall set forth in detail the name
and address of the claimant, the time, date, place and circumstances of the occurrence
and the extent of the injuries or damages sustained. All such claims shall be approved
or rejected by order of the city council and the date thereof given. The city council may
delegate its authority to reject claims to the city manager, city attorney, risk manager or
other appropriate officer or department head. Any claim not approved or rejected by the
city council within forty-five (45) days of presentation of the claim to the city clerk shall
be deemed rejected by operation of law.
(b) Other Claims. All other demands against the City must be in writing and may be
in the form of a bill, invoice, payroll, or formal demand. Each such demand shall be
presented to the director of finance within ninety (90) days after the last item of the
account or claim accrued, but claims presented after ninety (90) days may be honored
in the discretion of the director of finance. The director of finance and treasurer shall
examine all claims presented. 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, the demand shall be approved and a warrant drawn therefor, payable out of
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the proper fund. Otherwise the claim shall be rejected, but any such rejection may be
overruled by the city council.
(c) Presentation to Council. The director of finance shall transmit such demand, with
his or her 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 city 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 city
council which, after examining into the matter, may approve or reject the demand in
whole or in part.
(d) Lawsuits. No suit shall be brought for money or damages against the City or any
advisory board, committee, commission or officer thereof whether such claim is for tort
or contract damages, until a claim or demand for the same has been presented as
provided herein and such claim and demand has been rejected in whole or in part.
Suits must be brought within the time established in state law, unless the timeliness is
waived by the city council. If rejected in part, suit may be brought to recover the whole.
Any amounts owed to City pursuant to ordinance or resolution must be timely paid,
before suit is commenced, though the claimant may pay under protest and contest the
payment. The city attorney shall respond to any suit filed hereunder on behalf of the
City.
SECTION 912. Independent Audit.
The city council shall employ, at the beginning of each fiscal year, a qualified certified
public accountant who shall, at such time or times as may be specified by the city
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 of all such other officers, employees or departments as the
city council may direct. No later than one hundred and eighty (180) days after the end
of the fiscal year, a final audit and a report shall be submitted by such accountant to the
city council, one copy thereof to be distributed to each member, one to the city
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manager, director of finance and treasurer and city attorney, respectively, and sufficient
additional copies of the audit shall be placed on file in the office of the city clerk where
they shall be available for the general public, and a copy of the financial statement as of
the close of the fiscal year shall be available on the City’s official website and at
Designated Locations pursuant to Section 308. The city clerk may also use other
technological means available to disseminate information to the public.
In addition to the annual audit report, the auditor shall submit a management letter to
the city manager that identifies suggested improvements in internal controls and other
financial procedures that the auditor identified during the audit. The city manager will
prepare a written response stating actions taken or proposed that will remedy the
problems. The management letter and the city manager’s response shall be presented
to the city council with the annual audit report. The auditor shall present and briefly
explain the audit report results at a regular or adjourned regular meeting of the city
council.
SECTION 913. Purchasing Ordinance.
The city council may, by ordinance, establish procedures for the procurement of
supplies, services, construction of public works, and the like. Such ordinance may
provide requirements and procedures for competitive bidding, and award to the lowest
responsive and responsible bidder except that no competitive bidding shall be required
for sole source contracts, contracts for professional services, design build contracts, or
contracts undertaken in response to emergency situations or other situations authorized
by ordinance of the city council. Formal bids need not be obtained for professional
services, but informal bids shall be obtained from at least three (3) individuals or firms,
and a report shall be prepared documenting the process used and the reasons for
selecting the provider. Such ordinance may also establish standards or qualifications for
the screening of contractors or providers of goods and services by a prequalification
process, so that in specified circumstances factors other than price may be considered,
and a competitive registration process may be utilized based upon demonstrated
competence and qualifications in planning, design, development, finance, construction,
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maintenance, improvement, repair and operational characteristics. On call contracts
can also be let where after a bid process is completed, contractors can be on standby to
carry out maintenance, repair work and public improvements as the need occurs.
Appropriate contract controls can be prescribed by the city council in the purchasing
ordinance. The purchasing ordinance shall also establish criteria for insurance,
bonding, liability, transferability, changes, terms, enforcement and other factors.
SECTION 914. Contracts; Execution.
The City shall not be bound by any contract, except as hereinafter provided, unless it is
in writing, approved by the city council and signed on behalf of the City by the mayor, or
in the mayor’s absence, the mayor pro tempore, and the city clerk, or by such officer of
officers as shall be designated by the city council. Any of said officers may sign a
contract on behalf of the City when directed to do so by ordinance, resolution, or order
of the city council.
By ordinance or resolution the city council may authorize the city manager to bind the
City, with or without written contract, including by purchase order, for the acquisition of
equipment, materials, supplies, labor, services or other items included within the budget
approved by the city council, and may impose monetary limit upon such authority.
The city council may by ordinance or resolution provide a method for the sale or
exchange of personal property not needed in the City service or not fit for the purpose
for which intended, and for the conveyance of title thereto.
The provisions of this section shall not apply to services rendered by any person in the
employ of the City.
Any easement, deed, covenant or other document subject to recordation shall be
approved by the city council and city attorney provided that by ordinance or resolution
the city council may delegate its authority therefor, and the authority to execute such
documents, to the city manager.
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SECTION 915. Outsourcing.
The City may enter into a contract for any services which can be performed in a
superior and cost effective manner by such contractor, unless limited by the Constitution
of the State of California. The City shall periodically review its existing operations and
services to consider whether said operations and/or services may be performed as or
more efficiently and effectively by a third party. Any contract entered into, pursuant to
this provision, shall be approved by the city council.
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ARTICLE X - FRANCHISES
SECTION 1000. Granting of Franchises.
Any person, firm or corporation furnishing the City or its inhabitants with transportation,
communication, terminal facilities, water, light, heat, electricity, gas, power, television,
refrigeration, storage or any other public utility or service, or using the public streets,
ways, alleys or for the operation of plants works or equipment for the furnishing thereof,
or traversing any portion of the City for the transmitting or conveying of any such service
elsewhere, may be required by ordinance to have a valid and existing franchise
therefor. The city council is empowered to grant such franchise to any person, firm or
corporation, whether operating under an existing franchise or not, and to prescribe the
terms and conditions of any such grant to protect public health and safety, minimize
environmental impacts, mitigate impacts on property, prevent interference with City
operations, and assure cost recovery. It may also provide, by procedural ordinance, the
method of procedure and additional terms and conditions of any such grant or the
making thereof, all subject to the provisions of this Charter.
Nothing in this section, or elsewhere in this article, shall apply to the City, or to any
department thereof, when furnishing any such utility or service.
SECTION 1001. Resolution of Intention; Notice and Public Hearing.
Unless otherwise provided by ordinance of the city council, before granting any
franchise, the city council shall pass a resolution declaring its intention to grant the
same, stating the name of the proposed grantee, the character of the 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 persons having any interest
therein or any objection to the granting thereof may appear before the city council and
be heard thereon. It shall direct the city clerk to publish said resolution at least once,
within fifteen (15) days of the passage thereof, in a newspaper of general circulation in
the City, posted on the City’s official website and at the Designated Locations pursuant
to Section 308. The city clerk may also use other technological means available to
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disseminate information to the public. Said notice shall be published at least ten (10)
days prior to the date of hearing.
At the time set for the hearing the city council shall proceed to hear and pass upon all
protests and its decision thereon shall be final and conclusive. Thereafter it may by
ordinance grant the franchise on the terms and conditions specified in the resolution of
intention to grant the same, subject to the right of referendum of the people, or it may
deny the same. If the city council shall determine that changes should be made in the
terms and conditions upon which the franchise is proposed to be granted, a new
resolution of intention shall be adopted and like proceedings had thereon. In connection
with granting any franchise, city council may set and collect any franchise fee it deems
reasonable, so long as such fee is not arbitrary or confiscatory.
SECTION 1002. Term of Franchise.
Every franchise shall state the term for which it is granted, which shall not exceed ten
(10) years with a maximum of two (2) opportunities to extend the franchise for an
additional five (5) years each. Any extensions shall be subject to the approval of a
majority of the city council. Any franchise agreement entered into by the City and
effective on the effective date of this Charter, whose term extends beyond twenty (20)
years after the effective date of this Charter, shall continue in effect for a period of
fifteen (15) years beyond the effective date of the Charter, and no further, provided that
any franchisee whose franchise is in effect on the effective date of this Chapter may
seek an extension of the franchise from city council beyond the fifteen (15) year limit.
The city council may grant a longer term on a case by case basis if it finds the ten (10)
year limit would impair the franchisee's ability to realize a reasonable return on
investment of funds invested prior to the effective date of this Charter, in reliance on the
franchise. The city council may promulgate rules and regulations for the making and
consideration of applications for such longer term franchises.
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SECTION 1003. Franchise Inapplicable to City.
No franchise requirement of the City shall apply to the City, nor any subdivision,
department, or division thereof.
SECTION 1004. Eminent Domain.
No franchise grant shall in any way, or to any extent, impair or affect the right of the City
to acquire the property of the grantee thereof either by purchase or through the exercise
of the right of eminent domain, and nothing therein contained shall be construed to
contract away or to modify or to abridge, either for a term or in perpetuity, the City's right
of eminent domain with respect to any public or private utility. In such a proceeding, no
value shall be assigned to the franchise rights themselves, but only to any fixtures or
equipment, or other interests arising out of the exercise of the franchise rights, as may
be compensable under the general laws of the State of California.
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