DATE: July 19, 2022
TO: Honorable Mayor and City Council
FROM: Dominic Lazzaretto, City Manager
By: Dr. Jennifer Brutus, Senior Management Analyst
SUBJECT: RESOLUTIONS RELATING TO THE PLACEMENT OF BALLOT
MEASURES AT THE GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 8, 2022
RESOLUTION NO. 7451 SUBMITTING TO THE QUALIFIED VOTERS
OF THE CITY A PROPOSED AMENDMENT TO THE CITY CHARTER
REGARDING THE ELECTION OF MEMBERS OF THE CITY COUNCIL
BY DISTRICTS, THE DATE OF THE CITY’S GENERAL MUNICIPAL
ELECTION, THE FILLING OF CITY COUNCIL VACANCIES, CHANGING
THE POSITION OF CITY CLERK FROM ELECTED TO APPOINTED,
ESTABLISHING A CITY PROSECUTOR, MODIFYING CITY
PROCUREMENT PROCEDURES, AND MAKING OTHER TECHNICAL
CHANGES TO THE CITY CHARTER; AT A GENERAL MUNICIPAL
ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD NOVEMBER 8, 2022; DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE
PROPOSED CHARTER AMENDMENT AND PROVIDING FOR THE
FILING OF PRIMARY AND REBUTTAL ARGUMENTS AND SETTING
RULES FOR THE FILING OF WRITTEN ARGUMENTS REGARDING
THE PROPOSED CHARTER AMENDMENT
Recommendation: Adopt
RESOLUTION NO. 7452 CALLING FOR THE PLACEMENT OF A
GENERAL TAX MEASURE ON THE NOVEMBER 8, 2022 , GENERAL
MUNICIPAL ELECTION BALLOT FOR THE SUBMISSION TO THE
QUALIFIED VOTERS OF A PROPOSED ORDINANCE AMENDING THE
CITY’S TRANSIENT OCCUPANCY TAX (“HOTEL TAX”) BY
INCREASING THE MAXIMUM RATE FROM 10% TO 12%;
REQUESTING THE COUNTY OF LOS ANGELES TO CONSOLIDA TE
SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION OF
EVEN DATE; AND SETTING RULES AND DEADLINES FOR
ARGUMENTS AND REBUTTALS FOR AND AGAINST THE MEASURE
Recommendation: Adopt
Resolutions Placing Measures on the November 8, 2022, Ballot July 19, 2022
RESOLUTION NO. 7 453 CALLING FOR THE PLACEMENT OF A
GENERAL TAX MEASURE ON THE NOVEMBER 8, 2022 , GENERAL
MUNICIPAL ELECTION BALLOT FOR THE SUBMISSION TO THE
QUALIFIED VOTERS OF A PROPOSED ORDINANCE ESTABLISHING
A SPORTS WAGERING TAX AT A RATE OF UP TO 5% OF SPORTS
WAGERING GROSS REVENUES RECEIVED BY QUALIFYING
BUSINESSES WITHIN THE CITY; REQUESTING THE COUNTY OF LOS
ANGELES TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION OF EVEN DATE; AND SETTING RULES AND
DEADLINES FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST
THE MEASURE
Recommendation: Adopt
SUMMARY
The City is in need of updating its Charter in order to conform with various state laws, such as moving the election date to November in even numbered years and moving to district-based voting. The City Council, with the assistance of input from a citizen Charter Review Committee, has completed its review of the document and has prepared amendments for consideration. Proposed amendments include removing outdated provisions, providing the City Council more legislative flexibility for the administration of City services, and streamlining municipal functions for 21 st Century
governance.
After a series of study sessions and public hearings to discuss the Charter Review Committee’s recommendations and receive community feedback on the proposed amendments, at the direction of the City Council, Resolution No. 7451 (Attachment “A”) will submit to qualified voters of the City a question to adopt a newly amended Arcadia City Charter at the November 8, 2022, General Municipal Election.
Of note, since the last discussion on this item, additional proposed language has been inserted under the City Attorney section (Section 701), which would enable, but not require, the City Attorney to act as the City Prosecutor for enforcement of local ordinances and state misdemeanors.
Further, the City Council has also directed staff to prepare two revenue measures for placement on the November 8, 2022, ballot to increase locally controlled funding for public safety response, street repair and maintenance, park construction and maintenance, and for general government use. The first measure described in Resolution No. 7452 (Attachment “B”), proposes to increase the Transient Occupancy Tax (“TOT”), more commonly known has the Hotel Tax, from the current rate of 10% to a new rate of 12%. The 2% tax increase will align the City’s TOT to a rate that is similar to neighboring cities. The increase is expected to generate approximately $730,000 in additional revenue annually.
Resolutions Placing Measures on the November 8, 2022, Ballot July 19, 2022
The second measure described in Resolution No. 7543 (Attachment “C”), proposes to enact a local sports wagering tax of up to 5% of sports wagering gross revenues received by qualifying businesses within the City if sports betting becomes legal in California. Currently, there are two Statewide measures that have qualified for the November 8, 2022, ballot, one of which would license sports wagering at Native American tribal casinos and established horse racing facilities like Santa Anita Park .
The new Sports Wagering Tax (“SWT”) is expected to generate approximately $ 1 million in locally controlled revenue annually for the City’s General Fund.
It is recommended that the City Council adopt Resolution No. 7451, Resolution No. 7452, and Resolution No. 7453, placing ballot measures before Arcadia voters at the November 8, 2022, General Municipal Election, to adopt an updated Arcadia City Charter, increase the City’s Transient Occupancy Tax, and enact a new Sports Wagering Tax, and direct the City Clerk and City Attorney to take all necessary actions as outlined in the Resolutions.
BACKGROUND
The City of Arcadia Charter was adopted at a special election held on April 24, 1951, and became effective on May 15, 1951, upon being certified by the California Secretary of State. The City’s Charter was last amended in 1998.
At the March 3, 2021, Study Session, the City Council voted to hold its next regularly scheduled election on November 8, 2022, to comply with the spirit and intent of SB 415 and Ordinance No. 2352, affirming the same. To avoid any potential legal challenges to future elections, the City Council requested that the City Manager prepare a Charter amendment for the November 8, 2022, General Municipal Election asking Arcadia voters to ratify moving the City’s municipal elections from April to November in even numbered years, beginning with the 2024 election cycle. In addition, the City Manager shared that the City’s Charter has not been updated since 1998 and the City Council may wish to revisit several of the provisions that are outdated.
To assist the City Council with recommendations for updating and modernizing the City’s Charter, at the July 6, 2021, City Council Meeting, the City Council adopted Resolution No. 7356 empaneling an Ad Hoc Charter Review Committee consisting of Arcadia residents to review the City’s Charter and make recommendations for amendments. On September 7, 2021, the City Council conducted interviews for prospective members of the Committee. Seven candidates were selected; however, shortly after the Committee was empaneled a Committee Member resigned. As a result, the Committee continued its work with six members.
The Committee held its first meeting on October 14, 2021, and established a regular meeting schedule of twice per month, generally on Friday mornings at 10:00 a.m. in the City Council Chambers Conference Room. All meetings for the Committee were duly noticed in accordance with the Ralph M. Brown Act. All copies of the Committee’s Resolutions Placing Measures on the November 8, 2022, Ballot July 19, 2022
agendas and minutes can be found at ArcadiaCA.gov/CharterReview . The organizing
principle of the Charter Review Committee was to review and update the City’s Municipal Charter for 21st Century governance standards.
At its second meeting on October 29, 2021, the Committee requested copies of relevant Charter sections considered for amendment from the following cities to use as a comparison: Alhambra, Big Bear Lake, Cypress, Irvine, Mountain View, Newport Beach, Pasadena, Santa Monica, and Temple City. In addition, the Committee was provided with a copy of the National Civic League Model Charter City, Ninth Edition , which offers a contemporary view on modern City Charters. The Committee also requested additional information on Charter cities by population, their last Charter update, City election dates by Charter, City Council compensation, and public works contract authorities.
On February 18, 2022, the Committee concluded its review and transmitted its formal recommendation on Charter amendments to the City Council. On March 18, 2022, the City Council and Charter Review Committee held a Joint Special Meeting to discuss the Committee’s recommendations. The City Council also discussed the placement of measures to increase the City’s TOT as well as the establishment of a new local Sports Wagering Tax, should sports betting become legal in California.
At the May 3, 2022, Study Session, the City Council concluded its review of proposed Charter amendments and directed staff to schedule two public hearings pursuant to Government Code Section 34458 to receive public input on the proposed amendments to the Arcadia City Charter in order to prepare for submitting the document to voters at the November 8, 2022, municipal election. The first public hearing was held on May 17, 2022. The second public hearing was held on June 21, 2022.
DISCUSSION
Below is a summary of proposed amendments recommended by the Charter Review Committee, approved by the City Council, and incorporated in Resolution No. 7451, as well as the ballot question. A copy of the amended City Charter can be found on the City’s website at ArcadiaCA.gov/Measures
.
“Shall the City Charter be amended to provide for election of City Councilmembers by-district, to set the general municipal election for the first Tuesday after the first Monday of November in even- numbered years to align with the Statewide General Election date, to amend the procedure to fill vacant elective offices, to change the City Clerk from elected to appointed, to establish a City Prosecutor, to modify City procurement procedures, and to make other modernizing amendments?”
YES
NO
Resolutions Placing Measures on the November 8, 2022, Ballot July 19, 2022
Gender Pronouns and General Language Clean-up
Throughout the current Charter, references to individual Council Members use the gender pronouns he/his/him. The language in the Charter was amended to be more gender neutral and was changed to they/their. Several dozen sections of the Charter were amended with this change. Further, position titles have changed over time and there are several edits throughout the document that make contemporary changes.
Section 400. City Council
The section was amended to reflect the change from at -large to by -district vo ting in Arcadia.
Section 401. Eligibility
This section was amended to reflect that a Council Member must reside in the district for which they seek election or appointment.
Further, the current Charter allows for two consecutive four -year terms, after which a Council Member must sit out at least one election cycle before running again. The Council Member could repeat this cycle indefinitely. The Committee provided two recommendations for the City Council to consider that would place a lifetime lim it on the number of terms allowed (Options 1 and 2 below). In addition, other alternatives have been proposed resulting in the following list of term limit modifications, which would be prospective:
Option 1 . Modify the limit to be a lifetime cap of three terms, which may be served consecutively . Under this proposal, a Council Member may serve for a total of 12 years in a row.
Option 2. Modify the limit to be a lifetime cap of three terms; however, only two terms may be in consecutive order. Under this proposal, a Council Member can serve a maximum of eight years in a row and will be required to wait at least one election cycle before they can run for their final term.
Option 3. Modify the limit to be a lifetime cap of two terms, which may be served consecutively. Under this proposal, the Council Member may only serve a total of eight years.
The City Council has not been able to reach consensus on any modification of term limits. As a result, no amendment is being proposed to modify term limits at this time.
Resolutions Placing Measures on the November 8, 2022, Ballot July 19, 2022
Section 403. Vacancies, Forfeiture of Office. Filling of Vacancies.
Under the current Charter, the City Council has 30 days to fill a vacancy on the City Council. This amendment increases the amount of time to 60 days, which is consistent with the Government Code for General Law cities. This will allow more time for the Ci ty Council to advertise for applicants to fill the vacancy, conduct interviews, and deliberate.
This section was also amended to create a new mechanism if the City Council fails to fill a vacancy or call for a Special Election to fill a vacancy. Under this amendment, the City Clerk shall be charged with automatically calling for a Special Election if a vacancy is not filled after the 60-day period for appointment.
Section 404. Mayor – Mayor Pro Tempore.
This amendment would establish a formal rotation system for the Mayor and Mayor Pro Tem and each would serve a term of approximately 9.5 months so that each Council Member will have the opportunity to serve in both positions during a 4- year term. It also requires that the City Council establish a procedure for implementing the rotation by ordinance or resolution.
Section 413. Proceedings.
This amendment allows for the electronic casting of the ayes and noes in lieu of a roll call vote. This would allow for further technological improvements at City Council meetings.
Section 415. Adoption of Ordinances and Resolutions.
At the start of each Council Meeting, a Council Member is asked to make a motion to read all ordinances and resolutions by title only and waive the reading in full. This amendment removes the Charter requirement to provide a motion to waive the reading in full; however, a majority of the Council Members present may still request that an ordinance or resolution be read in full.
Section 416. Ordinances. Publication.
The current Charter requires an ordinance to be published in the City’s newspaper of record after adoption. Print newspapers no longer enjoy the wide appeal they used to and the publishing of ordinances can be costly. This amendment does not eliminate the publishing in newspapers but does create an alternative option that ordinances be posted in at least three public places and on the City’s website in lieu of in the newspaper. It is recommended that the City Council approve City Hall, the Community Center, and the Arcadia Public Library as the alternate sites.
Resolutions Placing Measures on the November 8, 2022, Ballot July 19, 2022
Section 417. Adoption of Codes by Reference.
This amendment eliminates the need to create three volumes of City Codes for inspection by the public. Instead, this Section would require a copy of the Code be available for public review in the City Clerk’s Office and on the City’s website.
Section 420. Publishing of Legal Notices.
This amendment follows the framework outlined in Section 416 by removing the requirement to post in the City’s newspaper of record and creating the alternative to post legal notices in at least three public places and on the City’s website.
Article V. City Clerk
This amendment eliminates the elected City Clerk position upon the expiration of the current term in 2024 or upon any vacancy in the current office. The City Manager shall have the authorit y to appoint a City Clerk to perform the powers and duties outlined in the Charter. Due to changes to the role of the City Clerk over time, the position has become largely ceremonial, with the vast majority of traditional City Clerk duties being performed by professional staff in the City Manager’s Office. The elimination of the elected City Clerk position will also save the City money over time as the position is the only seat still elected citywide.
Section 701. City Attorney. Powers and Duties.
This amendment adds language to the Charter to allow the City Attorney to serve as the City Prosecutor and prosecute any criminal cases arising from violations of the Charter or City ordinances, and when authorized by law and the City Council , to also prosecute misdemeanor cases arising from state law violations. This additional language would provide flexibility to future City Councils to reestablish the office of the City Prosecutor if the City felt it would be worthwhile to undertake the eff ort and expense in lieu of the County District Attorney. In order to do so, a simple ordinance would be required to establish the function and duties officially.
Section 807. General Plan.
This amendment adds language to the Charter to assert the City’s right to home rule as it relates to land use policies. The California Legislature has become increasingly assertive in this area of municipal affairs. Should the City be required to defend its home rule authority, this additional Charter provision would strengthen the City’s position.
Section 808. Human Resources Commission. Powers and Duties.
Under the current Charter language, the Human Resources Commission must review all changes to job classifications and specifications and personnel rules and regulations, Resolutions Placing Measures on the November 8, 2022, Ballot July 19, 2022
which are then sent to the City Council for adoption. This has significantly slowed down the City’s ability to recruit for vacant positions and/or stagnated creativity from hiring managers who did not want to take the time to go through the lengthy process.
Moreover, the Human Resources Commission and City Council have typically had no comments on proposed amendments, so the steps have added little to no benefit to the organization.
This amendment redefines the role of the Human Resources Commission to serve as an independent, quasi -judicial hearing board solely related to appeals stemming from employee discipline and related matters, with job specifications and the like being the purview of the City Manager.
Section 809. Library Board of Trustees. Powers and Duties.
From time to time, the Arcadia Public Library receives monetary gifts from the Arcadia Community to further its educational and service mission. Provisions in the current Charter require that the City Council accept all donations over $1,000, which requires staff time to prepare reports for City Council consideration. While the section applies specifically to the Library all City departments have been held to this sam e standard.
This amendment removes the requirement from this section and creates a new section that clearly applies to donations received for all City purposes and requires the City Council to adopt new donation threshold by ordinance or resolution. Please see Section 1218 below for further details.
Section 1100. General Municipal Elections.
Commencing with the November 8, 2022, General Municipal Election, all future City elections will be held on the first Tuesday after the first Monday in November in even numbered years to coincide with statewide general elections.
Section 1203. Capital Program.
The current Charter defines a capital expenditure as an improvement in excess of $30,000. While this limit was likely very practical nearl y 25 years ago, the cost of public improvements has increased significantly over time and the limit does not create the same purchasing power it once did. The artificially low threshold amount results in substantial staff time to prepare corresponding proc urement documents, formally conduct the bidding process , and seek City Council approval of a purchase order of nominal value. The current threshold is also anti -competitive as contractors tend to refuse to bid on low -value projects that require formal bidd ing timelines and documentation.
This amendment would allow the threshold amount of a capital expenditure in Section 1203 to be set by Council resolution or ordinance. This would allow the City Council to Resolutions Placing Measures on the November 8, 2022, Ballot July 19, 2022
review and set a threshold amount which can be amended over time by additional City Council action instead of requiring a future Charter amendment.
It is recommended that the definition of a capital project be established by resolution to $60,000. A further explanation is detailed in the next section.
Section 1212. Contracts on Public Works Projects.
Like Section 1203 related to capital expenditures, the current Charter creates a threshold amount of $30,000 for public works contracts which is currently less than what State law allows. Under the California Uniform Public Construction Cost Accounting Act , signatory cities receive an increase to their force accounts limits to $60,000. If that value of the project is under $60,000 the C ity can contract without bidding; between $60,000 and $200,000, they are required to use informal bidding; and above $200,000 formal bidding is required.
While the City has its own procurement rules, regulations, and threshold amounts, aligning the City’s definition of a capital project with its contract authority creates administrative efficiencies, economies of scale, and would generate significant cost savings over time. Like the previous section, this amendment would allow the contract authority limit to be set by Council resolution or ordinance to create capacity for adjustments over time.
Section 1218. Donations.
This amendment would create a new section in the Charter to allow the City Council to set threshold amounts by ordinance or resolution for the administrative acceptance donations for all municipal purposes. Donations in excess of the threshold amount will still require City Council approval. It is recommended that this threshold be set at $10,000.
Additional Ballot Measures for Consideration
Transient Occupancy Tax
At the May 3, 2022, Study Session, the City Council discussed increasing the City’s Transient Occupancy Tax (“TOT”) from its current rate of 10%. The City Council reviewed TOT rates for all Los Angeles County cities. TOT rates in Los Angeles County cities range from 5% to 15%, with the vast majority of cities in the 10% - 12% range. By increasing the rate to 12%, Arcadia will have a TOT rate similar to San Gabriel Valley cities like Alhambra, Monrovia, Monterey Park, Pasadena, San Dimas, and San Gabriel.
An increase in the TOT rate from 10% to 12% would generate an estimated additional $730,000 in annual revenue. Below is the question that will be submitted to voters:
Resolutions Placing Measures on the November 8, 2022, Ballot July 19, 2022
“Shall a measure be adopted to increase the maximum
rate of the City’s Transient Occupancy Tax (also
known as Hotel Tax) charged to guests of hotels and
any other overnight lodging facilities from a maximum
of 10% to 12% as of January 1, 2023, providing an
additional estimated $730,000 annually until ended by
voters for City services including public safety
response, street repair and maintenance, park
construction and maintenance and for general
government use?”
YES
NO
Sports Wagering Tax
Also, a t the May 3, 2022, Study Session, the City Council discussed the utility of imposing a Sports Wagering Tax and including the tax as a new Charter provision. Two ballot measures have qualified for the November 2022 ballot that would legalize sports wagering statewide. Proposition 26 would allow Native American tribes and horse track operators such as Santa Anita Park to host a sports wager facility where betting can occur. The other, Proposition 27, would allow sports wagering online.
Should Proposition 26 be approved by California v oters, California Law would allow Santa Anita Park to host a sports wagering facility on their premises. If Santa Anita Park were to establish a facility that offered similar amenities to other sports wagering facilities around the country, the impacts to Arcadia could be significant in terms of traffic, medical responses, and policing efforts. While Proposition 26 create s a tax scheme for the state to offset its costs , the proposed measure provides no local revenue offset for the costs of providing these services.
At the Study Session, the City Council directed staff to prepare a ballot measure to allow the City to tax this activity . The tax proposed is similar to the statewide measure that has qualified for the ballot; however, instead of applying a 10% excise on Gross - Gaming Revenue (“GGR”) like the state, the City’s tax is up to 5% of GGR. Below is the question that will appear for voters to consider:
“Shall the measure to establish a Sports Wagering Tax
at a rate of up to 5% of sports wagering gross
revenues, providing approximately $1,000,000
annually until ended by voters for general government
use such as City parks, streets and public safety, be
adopted?"
YES
NO
Because a tax on sports wagering will be new, it is difficult to estimate what the tax base is and what the annual revenue to the City will be. It is not inconceivable that the City Resolutions Placing Measures on the November 8, 2022, Ballot July 19, 2022
could generate upwards of $1 million from this tax annually to help offset the impacts to Arcadia’s infrastructure and services.
Every measure is subject to an arguments and impartial analysis period where members of the City Council, eligible voters, a bona fide association of such citize ns, or any combination of voters and associations can file a written argument in favor or against a measure. The City Council also has the option of delegating authority to write an argument on behalf of the City Council to a two- member subcommittee. Per t he Elections Code, an argument submitted by a City Council’s subcommittee is printed in the ballot. It is recommended that City Council provide direction on this matter.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA under Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines.
FISCAL IMPACT
The costs of placing the three measures on the November 8, 2022, ballot is estimated at $144,000 and has been included in the Fiscal Year 2022- 23 budget. Should the Charter amendment be adopted, it is anticipated that there will be some savings and efficiencies over time related to fewer publications, printing, request for proposals, and other operational improvements. If the TOT and Sports Wagering Tax are approved by Arcadia voters, an estimated $1,730,000 in revenue could be generated annually for the General Fund.
RECOMMENDATION
It is recommended that the City Council determine that this action is exempt under CEQA; and adopt Resolution Nos. 7451, 7452, and 7453, placing ballot measures before Arcadia voters at the November 8, 2022, General Municipal Election, to adopt an updated Arcadia City Charter, increase the City’s Transient Occupancy Tax, and enact a new Sports Wagering Tax, and direc t the City Clerk and City Attorney to take all necessary actions as outlined in the Resolutions.
Attachments: A. Resolution No. 7451, including Draft Charter Update B. Resolution No. 7452
C. Resolution No. 7453
1 RESOLUTION NO. 74
51 A RESOLUTION OF THE CITY COUNCI L OF THE CITY OF ARCADIA,
CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY
A PROPOSED AMENDMENT TO TH E CITY CHARTER REGARDING
THE ELECTION OF MEMBERS OF THE CITY COUNCIL BY DISTRICTS, THE DATE OF THE CITY’S GENERAL MUNICIPAL ELECTION, THE
FILLING OF CITY COUNCIL VACA NCIES, CHANGING THE POSITION
OF CITY CLERK FROM ELECTED TO APPOINTED, ESTABLISHING A
CITY PROSECUTOR, MODIFYING CITY PROCUREMENT
PROCEDURES, AND MAKING OTHER TECHNICAL CHANGES TO THE
CITY CHARTER; AT A GENERAL MUNICIPAL ELECTION TO BE
CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE
HELD NOVEMBER 8, 2022; DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS OF THE PROPOSED CHARTER
AMENDMENT AND PROVIDING FOR THE FILING OF PRIMARY AND
REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF
WRITTEN ARGUMENTS REGARDING THE PROPOSED CHARTER
AMENDMENT
WHEREAS, pursuant to Arcadia Munici pal Code, Section 1704, the City of Arcadia (“City”) is currently governed by a City Council consisting of five councilmembers elected by districts; and
WHEREAS, the City is also governed by an elected City Clerk elected at-large; and
WHEREAS, Arcadia City Charter Section 400 provides that City Councilmembers shall be elected at-large; and
WHEREAS, the California Voting Rights Act of 2001 (California Elections Code Sections 14025-14032) prohibits cities from electing City Councilmembers at-large if that method of election results in a protect ed minority class being unable, through vote dilution, to elect the candidate of their preference or to influence an election, as defined by the Voting Rights Act; and
Attachment "A"
2 WHEREAS , on May 28, 2014, the Court of A ppeal ruled in the case of Jauregui v. City of Palmdale, that the Voting Rights Act addresses a matter of “statewide concern” and, therefore, applies to charter cities including Arcadia; and WHEREAS, cities that are found to have vi olated the Voting Rights Act can be subject to a court order requi ring a transition to a by-distr ict election method and other potential liability, including payment of plaintiff’s attorneys fees and costs; and WHEREAS , on June 6, 2017, the City received a letter from a prospective plaintiff and legal counsel, alleging that the City’s at-large City Council election system violated the Voting Rights Act and demanding that the City change to a by-district election system for City Councilmembers; and
WHEREAS, while the City Council did not in any way concede to the allegations, in an effort to avoid costly litigation, on October 17, 2017, the City Council adopted Ordinance No. 2350, adding Section 1704 to t he Arcadia Municipal Code to transition City Council elections from an at-large method to a by-district method with five districts, effective with the April 10, 2018, General Municipal Election; and WHEREAS, the City Council desires to put bef ore the voters the question of whether the City Charter shall be updated to provide for by-district City Council elections, mirroring the City’s current Municipal Code which was adopted to comply with the California Voting Rights Act; and
WHEREAS , Arcadia City Charter, Section 1 100 currently provides that General Municipal Elections for the election of offi cers shall be held on the second Tuesday in April in each even-numbered year; and
WHEREAS, the California Voter Participatio n Rights Act (SB 415 – California Elections Code sections 14050-14057) became law effective January 1, 2018. SB 415
3 prohibits cities from holding general elections on dates other than on a statewide primary or statewide general election date in even-nu mbered years, if holding an election on a non-statewide election date has previously resulted in a “significant decrease in voter turnout” as defined by SB 415; and
WHEREAS, cities that violate SB 415 can be subject to a court order requiring a change of their election date and other potential liability, including payment of plaintiff’s attorneys fees and costs; and
WHEREAS, the City’s General Municipal Election date under the Charter is not a statewide election date; and
WHEREAS, according to County voting records, holdi ng the General Municipal Election in April of even-numbe red years results in “a si gnificant decrease in voter turnout”, as defined by SB 415; and
WHEREAS, on July 11, 2017, the Californi a Attorney General issued an opinion stating that SB 415 applies to charter cities because improving voter turnout at elections is a matter of “statewide concern”, in which case State law prevails over any conflicting charter provision; and
WHEREAS, in order to comply with SB 415, on January 16, 2018, the City Council adopted Ordinance No. 2352, amending Section 1700 of the Arcadia Municipal Code to set the City’s General Municipal Election date to the first Tuesday after the first Monday of November in even-numbered years – the Statewide General Election date – effective with the November, 8, 2022, General Municipal Election; and WHEREAS, on March 23, 2020, the Court of Appeal ruled in the case of City of Redondo Beach v. Padilla , that SB 415 does not apply to char ter cities if their charter sets a different general election date; and
4 WHEREAS, therefore, the City Council de sires to put before the voters the question of whether the City Charter shall be amended to set the general election date for the first Tuesday or November of ea ch even-numbered year to align with the Statewide General Election date; and
WHEREAS, the City Council also desires to put before the voters the question of whether the time period to fill vacancies in City elective offices should be increased from 30 days to 60 days as well as other amendments to the vacancy procedure; and WHEREAS, the City Council also desires to put before the voters the question of whether the Office of City Clerk shall remain elective or change to an appointive office; and
WHEREAS, the City Council also desires to put before the voters the question of whether to establish a City Prosecutor; and
WHEREAS, the City Council further desires to put before the voters other updates and modifications to the City Charter to re flect current procedures, conventions and standards in local government; and
WHEREAS, pursuant to author ity provided by California Constitution, Article XI, Arcadia City Charter Section 1102, California Government Code Sections 34450 et. seq. and California Elections Code Sections 1415 and 9255, the City Counc il of the City of Arcadia desires to submit to the voters a proposed amendment to the City Charter which would provide for the election of City Co uncilmembers by-district, set the general municipal election for the first Tuesday a fter the first Monday of November of even- numbered years, amend the deadl ines and procedures for filling vacancies in City elective offices, change the Office of City Clerk from an elective to an appointive office,
5 and make other updates and modifications, as mo re specifically set forth therein (the “Charter Amendment” or “Measure”); and
WHEREAS, California Constitution, Article XI, Section 3, requires that any charter amendment be approved by a majority of City voters voting at an election called for that purpose; and
WHEREAS, pursuant to California Government Code Section 34458(b), the City Council held a duly noticed public hearing on May 17, 2022, and a second duly noticed public hearing on June 21, 2022, to hear public comment and testimony and to consider the Charter Amendment, with the first and sec ond public hearing being held at 7 p.m., outside normal City business hours; and
WHEREAS, pursuant to California Gove rnment Code Section 34458(b), this resolution is being adopted at a City Council m eeting which is at least twenty-one (21) calendar days after the second public hearing referenced above; and WHEREAS, pursuant to California El ections Code Sections 1415 and 9255, the City Council is authorized by statute to submit the proposed Charter Amendment to the voters at the General Municipal Election to be held on November 8, 2022; and WHEREAS, the City Council desires to consolidate the General Municipal Election for the Charter Amendment descr ibed herein with the Statewide General Election to be held on November 8, 2022; and
WHEREAS, the City Council further desires to set deadlines and rules for primary and rebuttal arguments for and against the Charter Amendment.
NOW, THEREFORE, THE CITY COUNC IL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
6 SECTION 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct, are in corporated herein and by this reference made an operative part hereof.
SECTION 2. Submission of Charter Amendment. The City Council pursuant to its right and authority as contain ed in California Constitution, Art. XI, Section 3, Arcadia City Charter Section 1102, California Govern ment Code, Sections 34450 et. seq., and California Elections Code, Secti ons 1415 and 9255, and any other applicable requirements of the laws of t he State of California relating to charter cities, hereby calls and orders to be held a General Municipal El ection in the City of Arcadia to be consolidated with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of submitting to a vote of the qualified electors of the City of Arcadia the following proposed Charter Amendment:
“Shall the City Charter be amended to provide for election of City Councilmembers by-district, to set the general municipal election for the first Tuesday after the first Monday of November in even- numbered years to align with the Statewide General Election date, to amend the procedure to fill vacant elective offices, to change the City Clerk from elected to appointed, to establish a City Prosecutor, to modify City procurement procedures, and to make other modernizin
g amendments?”
YES
NO
SECTION 3. Text of Charter Amendment. The text of the Charter Amendment to be submitted to the voters is attached hereto as Exhibit “A” and incorporated herein by this reference.
7 SECTION 4. Election Procedures.
A. Request for Consolidation . Pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of submitting to the voters the Charter Amendment.
B. Necessary Steps. The Board of Supervisors is requested to issue instructions to the Los Angeles County Registrar of Voters/Elections Official to take any and all steps necessary for the holding of the consolidated election.
C. Canvass of Returns . The Los Angeles County Registrar of Voters/Elections Official is aut horized to canvass the returns and perform all other proceedings inci dental to and connected with the General Municipal Election for the Charter Amendment. The Election shall be held in all respec ts as if there were only one election, and only one form of ballo t shall be used. Pursuant to California Elections Code Secti ons 10403 and 10418, the election will be held and conducted in accordanc e with the provisions of law regulating the Statewide General Election.
D. Costs. The City Council determines and declares that the City will pay to the County the reasonable and actual expenses incurred by
8 the County by the consolidation of the General Muni cipal Election with the Statewide General Election. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill.
E. Form of Ballot. The ballots to be used at the election shall be in the form and content as required by law.
F. City Clerk Authorized to Coordinate with County. The City Clerk is authorized, instructed and direct ed, in coordination with the Los Angeles County Registrar of Voters/Elections Official, to procure and furnish any and all official ballo ts, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
G. Opening and Operation of Polls, Vote Centers, Etc . The polls, vote centers and/or vote-by-mail drop-off boxes shall be open and the procedures for submitting votes-by-mail or votes at polls and vote centers shall be in accordance with those times and procedures established by the County of Lo s Angeles, except as otherwise provided in the Elections Code of the State of California.
H. Election to Follow Applicable Law. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.
9 I. Notice of Election . Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.
J. Tallying of Ballots. All ballots shall be ta llied at a central counting place and not at the pr ecincts. Said central counting place shall be at a County center as designated by the Registrar of Voters.
K. Receipt of Election Results. The City Clerk of the City of Arcadia shall receive the canvass as it pertains to the election on the Charter Amendment measure, and shall certify the results to the City Council, as required by law.
SECTION 5. Direct Arguments and City Attorney’s Analysis.
A. The City Council authorizes (i) t he City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above Charter Amendment, (iii) a bona fide a ssociation of such citizens or (iv) any combination of voters a nd associations, to file a written argument in favor of or agains t the Charter Amendment, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and ma y change the argument until and including August 19, 2022, after which no arguments for or against the Charter Amendment may be s ubmitted to the City Clerk.
Arguments in favor of or against the Charter Amendment shall each
10 not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and incl ude the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.
The City Council hereby delegates t he following of its members to author an argument and, if authorized below, a rebuttal [for/against] the Measure on behalf of the City Council, subject to the deadlines and rules set forth herein:
_________________________________
_________________________________
[no more than two members]
B. The City Clerk shall comply with a ll provisions of law establishing priority of arguments for printing and distribution to the voters and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.
C. Pursuant to Section 9280 of t he Elections Code, the City Council directs the City Clerk to transmit a copy of the Charter Amendment to the City Attorney. The City A ttorney shall prepare an impartial analysis of the Charter Amendmen t, not to exceed 500 words in length, showing the effect of the Charter Amendment on the existing
11 law and the operation of the Charter Amendment. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the Charter Amendment as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of General arguments as set forth in subsection (A) above. The impartial analysis shall include a statement indicating whether the Charter Amendment was placed on the ballot by a petition signed by the requisite number of voters of by the City Council. In the event the entire text of the Charter Amendment is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the Impartial Analysis, in no less than 10- font bold type, the following: “The above statement is an Impartial Analysis of Charter Amendment/Measure ____. If you desire a copy of the Charter Amendment/Measure, please call the
election official’s office at (626) 574-5455 and a copy will be mailed at no cost to you.”
SECTION 6. Rebuttals.
A. That pursuant to Section 9285 of the Elections Code of the State of California, when the City Clerk has selected the arguments for and against the Charter Amendment which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the Charter Amendment to the authors of the argument against,
12 and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not e xceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than August 29, 2022. Rebuttal arguments shall be prin ted in the same manner as the direct arguments. Each rebu ttal argument shall immediately follow the direct argument which it seeks to rebut.
B. That the provisions he rein shall apply only to the election to be held on November 8, 2022.
SECTION 7. Placement on the Ballot. The full text of the Charter Amendment shall not be printed in the voter information guide, but a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of this Charter Amendment/Measure, at no cost, upon request made to the City Clerk or by visiting the City’s website at www.ArcadiaCA.gov/Measures.
SECTION 8. Delivery of Resolution to County. The City Clerk shall certify to the passage and adoption of this Resolution and enter it in to the book of original resolutions. The City Council directs the City Clerk to deliver copies of this Resolution, including the Charter Amendment attached hereto as Exhibit “A”, to the Clerk of the Board of Supervisors of Los Angeles County and to the Registrar of Voters/Elections Official of Los Angeles County.
SECTION 9. Public Examination. Pursuant to Elections Code Section 9295, this Measure will be available for public examination for no fewer than ten (10) calendar days
13 prior to being submitted for printing in the voter information guide. The City Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run.
SECTION 10. CEQA. The City Council hereby finds and determines that this Resolution and the Charter Amendment relate s to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a “project” within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, Section 15378(b)(5).
SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares t hat it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
SECTION 12. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.
SECTION 13. Certification by City Clerk. The City Clerk shall certify to the adoption of this Resolution.
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1 EXHIBIT “A”
CHARTER AMENDMENT/MEASURE “___”
THE PEOPLE OF THE CITY OF ARCADIA DO HEREBY AMEND THE ARCADIA CITY CHARTER AS FOLLOWS:
SECTION 1. Text of Charter Amendment. Subject to the approval of a majority of the voters of the City of Arcadia at the scheduled election so designated by City Council Resolution placing the proposal on the ballot fo r such election, the Arcadia City Charter is hereby amended to read as set forth in Attachment 1.
SECTION 2. Approval, Filing and Recordation of Charter Amendment .
Pursuant to California Government Code Sect ion 34460, if approved by a majority of voters, the Mayor and City Clerk shall certify, authenticate and attest to the passage of this Charter Amendment. The City Clerk shall also (i) record one copy of this Charter Amendment with the Los Angeles County Recorder’s Office, (ii) file one copy in the City’s archives and (iii) file one copy with the California Secretary of State. Each copy recorded with the County Recorder and f iled in the City’s archives shall also be filed with the following documents:
A. Certified copies of all publicati ons and notices required of the City by State law in connection with the calling of an election to propose the Charter Amendment.
B. Certified copies of any argu ments for or against the Charter Amendment that were mailed to voters pursuant to California Elections Code Sections 9281 et. seq.
2 C. A certified abstract of the vote at the election at which the Charter Amendment was approved by the voters.
SECTION 3. Ratification and Effective Date . Pursuant to California Government Code Section 34459, this Charte r Amendment shall be deemed ratified if approved by a majority of the eligible voters of the City of Arcadia voting at the General Municipal Election of November 8, 2022. However, this Charter Amendment shall not take effect until it has been accepted and fil ed by the Secretary of State pursuant to Government Code Section 34460.
SECTION 4. Severability. If any provision of this Charter Amendment or the application thereof to any perso n or circumstance is held in valid, the remainder of the Charter Amendment and the applic ation of such provisi on to other persons or circumstances shall not be affected thereby.
SECTION 5. Attestation by Mayor. The Mayor is hereby authorized to attest to the adoption of this Charter Amendment by the People voting thereon on November 8, 2022, by signing where indicated below.
I hereby certify that the foregoing Charter Amendment was PASSED, APPROVED AND ADOPTED by the People of the City of Arcadia on the 8th day of November, 2022.
Dated: _______________________ ______ ________________________ Mayor of the City of Arcadia
ATTEST: APP ROVED AS TO FORM:
______________________________ ______ ________________________ City Clerk Stephen P. Deitsch
City Attorney
ATTACHMENT 1
TEXT OF CHARTER AMENDMENT
CITY OF ARCADIA, CALIFORNIA
CITY CHARTER
As Amended 2022
CITY COUNCIL
2021-2022
Tom Beck
Paul P. Cheng
Michael Danielson
Sho Tay
April A. Verlato
CITY CLERK
Gene Glasco
CITY MANAGER
Dominic Lazzaretto
CITY ATTORNEY
Stephen P. Deitsch
1 CHARTER
CITY OF ARCADIA
TABLE OF CONTENTS
ARTICLE PAGE
I. Incorporation and Succession ....................................... 1 II. Powers of City .............................................................. 2 III. Form of Government ..................................................... 2 IV. The City Council ........................................................... 3 V. City Clerk .................................................................... 10 VI. City Manager .............................................................. 11 VII. Officers and Employees .............................................. 13 VIII. Boards and Commissions ............................................ 17 IX. Civil Service ................................................................ 21 X. Retirement ................................................................... 24 XI. Elections ...................................................................... 25 XII. Fiscal Administration .................................................. 25 XIII. Franchises .................................................................... 32 XIV. Board of Education ..................................................... 33 XV. Miscellaneous .............................................................. 35
2 ARTICLE I - Incorporation and Succession
Section 100. Name and Boundaries
Section 101. Rights and Liabilities of the City
Section 102. Ordinances, Codes, and Other Regulations
Section 103. Officers and Employees
Section 104. Effective Date of Charter
ARTICLE II - Powers of City
Section 200. Powers
Section 201. Intergovernmental Relations
ARTICLE III - Form of Government
Section 300. Form of Government
ARTICLE IV - The City Council
Section 400. City Council
Section 401. Eligibility
Section 402. Compensation
Section 403. Vacancies, Forfeiture of Office.
Filling of Vacancies
Section 404. Mayor - Mayor Pro Tempore
Section 405. Powers Vested in the Council
Section 406. Prohibitions
(a) Holding Other Offices
(b) Interference in Administrative Service
Section 407. Regular Meetings of the Council
Section 408. Special Meetings
Section 409. Adjourned Meetings
Section 410. Quorum
Section 411. Open Meetings. Ralph M. Brown Act
Section 412. Place of Meetings
Section 413. Proceedings
Section 414. Public Participation
Section 415. Adoption of Ordinances and Resolutions
Section 416. Ordinances. Publication
Section 417. Adoption of Codes by Reference
Section 418. The Arcadia Municipal Code
Section 419. Ordinance. When Effective
Section 420. Publishing of Legal Notices
3 ARTICLE V - City Clerk
Section 500. City Clerk
Section 501. Powers and Duties
Section 502. Elimination of Elected Office
ARTICLE VI - City Manager
Section 600. City Manager. Selection and Qualifications Section 601. City Manager. Powers and Duties
Section 602. City Manager. Meetings
Section 603. City Manager Pro Tempore
ARTICLE VII - Officers and Employees
Section 700. Administrative Departments
Section 701. City Attorney. Powers and Duties
Section 702. Finance Office
Section 703. Planning Office
Section 704. Department Directors.
Appointive Powers
Section 705. Personal Financial Interest
Section 706. Administering Oaths
Section 707. Acceptance of Other Office
Section 708. Nepotism
Section 709. Official Bonds
ARTICLE VIII - Boards and Commissions
Section 800. In General
Section 801. Appropriations
Section 802. Appointments. Terms
Section 803. Existing Boards
Section 804. Meetings. Chairperson
Section 805. Compensation. Vacancies
Section 806. Planning Commission
Section 807. General Plan
Section 808. Human Resources Commission.
Powers and Duties
Section 809. Library Board of Trustees. Powers and Duties.
ARTICLE VIII – Boards and Commissions (continued)
Section 810. Recreation and Parks Commission.
Powers and Duties
4 ARTICLE IX – Civil Service
Section 900. Existing Civil Service System
Section 901. Unclassified and Classified Service
Section 902. Appointments from Classified Service Positions Section 903. Recruitment
Section 904. Suspension. Demotion and Dismissal
Section 905. Po litical Activities Prohibited
Section 906. Prohibitions. General
ARTICLE X – Retirement
Section 1000. Public Employees Retirement System
ARTICLE XI – Elections
Section 1100. General Municipal Elections
Section 1101. Special Municipal Elections
Section 1102. Procedure for Holding Elections
Section 1103. Initiative, Referendum, and Recall
ARTICLE XII – Fiscal Administration
Section 1200. Fiscal Year
Section 1201. Submission of Budget and Budget Message
Section 1202. Budget
Section 1203. Capital Program
Section 1204. Council Action on Budget
Section 1205. Council Action on Capital Program
Section 1206. Public Records
Section 1207. Amendments After Adoption
Section 1208. Lapse of Appropriations
Section 1209. Tax Limits
Section 1210. Tax Procedure
Section 1211. Bonded Debt Limit
Section 1212. Contracts on Public Works
Section 1213. Cash Basis Fund
Section 1214. Presentation and Audit of Demands
Section 1215. Registering Warrants
5 ARTICLE XII – Fiscal Administration(continued)
Section 1216. Claims Against the City
Section 1217. Independent Audit
Section 1218. Donations
ARTICLE XIII – Franchises
Section 1300. Granting of Franchises
Section 1301. Terms of Franchise
Section 1302. Eminent Domain
Section 1303. Procedure for Granting Franchises
ARTICLE XIV - Board of Education
Section 1400. Establishment of a Board of Education
Section 1401. Term of Office
Section 1402. Election
Section 1403. Meetings
Section 1404. Board Secretary
Section 1405. General Law Applicable
ARTICLE XV - Miscellaneous
Section 1500. Definitions
Section 1501. Violations
Section 1502. Validity
6 “CHARTER
CITY OF ARCADIA
We, the People of the City of Arcadia, State of California, do ordain and establish this Charter as th e organic law of the City under the Constitution of the State.
ARTICLE I
INCORPORATION AND SUCCESSION
Section 100. NAME AND BOUNDARIES. The City of Arcadia,
hereinafter termed the City, shall continue to be a municipal corporation under its present name, “City of Arcadia.” The boundaries of the City shall be as established at the time this Charter takes effect, or as they may be changed thereafter in the manner authorized by law.
Section 101. RIGHTS AND LIABILITIES OF THE CITY.
The City shall continue to own, possess, and control all rights and property of every kind and nature owned, possessed, or controlled by it at
the time this Charter takes effect and shall be subject to all its debts, obligations, liabilities, and contracts.
Section 102. ORDINANCES, CODES, AND OTHER
REGULATIONS. All ordinances, codes, resolutions, regulations, or portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent here with, shall continue in force until they shall have been duly repealed, amended, changed, or superseded by proper authority.
Section 103. OFFICERS AND EMPLOYEES. Subject to the
provisions of this Charter, the present officers and employees shall continue to perform the duties of their respective offices and employments without interruption and for the same compensations and under the same
conditions until the election or appoi ntment and qualification of their successors and subject to such removal and control as herein provided.
Section 104. EFFECTIVE DATE OF CHARTER. This Charter
shall take effect upon its approval by the Legislature of the State of California and any amendment hereto shall be effective when filed pursuant to the California Constitution.
7 ARTICLE II
POWERS OF CITY
Section 200. POWERS. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the state of California. It shall also have the power to exercise any and all rights, powers, and privileges heretofore or hereafter established, granted, or prescribed by any law of the State, by this
Charter, or by other lawful authority, or which a municipal corporation might or could exercise under the Constitution of the State of California.
The enumeration in this Charter of any particular power, duty, or procedure shall not be held to be exclusive of, or any limitation or restriction upon, this general grant of power. The City shall have the power
and may act pursuant to procedure established by ordinance or any law of the State.
Section 201. INTERGOVERNMENTAL RELATIONS.
The City may exercise any of its powers or perform any of its functions jointly, or in cooperation, by contract or otherwise, with any one or more cities, counties, states, or civil divi sions or agencies thereof, or the United States or any agency thereof.
ARTICLE III
FORM OF GOVERNMENT
Section 300. FORM OF GOVERNMENT. The municipal
government established by this Char ter shall be known as the “Council- Manager” form of government.
ARTICLE IV
THE CITY COUNCIL
Section 400. CITY CO UNCIL. The City Council,
hereinafter termed “Council,” shall consist of five Councilmembers each representing a respective district within the City and elected to office in the manner provided in this Charter. The term of office shall be four years. Alternatively, and successively, three four-year terms shall be filled at one general municipal
election and two four-year terms at the next such
election, consistent with the sequence of terms of Councilmembers existing
8 on the effective date hereof. The term of a Councilmember shall commence on the first Tuesday following certification of their election and they shall serve until their successor qualifies. Any ties in voting shall be settled by the casting of lots.
Each Councilmember in office at the time this Charter takes effect shall continue in office until the end of the term for which they were elected under the previous Charter; an appointed Councilmember shall
continue in office during such time as hereinafter provided.
Section 401. ELIGIBILITY. No person shall be eligible to hold the office of Councilmember unless th at person shall reside in the City, shall be a resident of the district from which the Councilmember is elected or appointed, and shall be a registered voter of the City upon appointment or when nomination papers are issued. A Councilmember who has been elected for two, consecutive four-year terms, excluding part or all of any unexpired term, shall not be eligible to hold the office of Councilmember again until two years after expiration of the second consecutive term, regardless of redistricting. This s ection shall apply to Councilmembers holding office on the effective date of this Charter.
Section 402. COMPENSATION. Compensation for
Councilmembers is hereby set, and from time to time shall be changed, in accordance with the schedule applicable to the City of Arcadia set forth in the provisions of the Government Code relating to salaries of Councilmembers in general law c ities. Such compensation may be increased or decreased by an affirmativ e vote of a majority of the voters voting on the proposition at any election.
Section 403. V ACANCIES, FORFEITURE OF OFFICE.
FILLING OF V ACANCIES.
(a) A vacancy shall exist on the Council, and shall be declared by the Council, if a Councilmember resigns, is legally removed other than by recall, dies, or forfeits their office.
(b) A Councilmember shall forfeit their office if they (1) lack at
any time while holding office any qualification for election prescribed by this Charter or by law, (2) violate any provision of this Charter, (3) a r e convicted of a crime involving moral turpitude, (4) without consent of the Council are absent from all regular Council meetings for a period of sixty consecutive days and the first regular meeting thereafter, said period to be computed from the last regular Council meeting they attend,
9 (5) or accept or retain any other elective public office. A declaration by the Council of a vacancy resulting from forfeiture of office shall be subject to judicial review, provided that within two weeks after such declaration an appropriate action, or proceeding, for review is filed in a court having
jurisdiction of the action or proceeding. During the pendency of any such action or proceeding, anyone appointed by the Council to fill such vacancy shall have all the rights, duties, and powers of a Councilmember, and continue in such office as provided herein unless and until said court rules the declaration of the Council invalid and such ruling has become final.
(c) Any vacancy on the Council shall be filled by a majority vote of the remaining Councilmembers within sixty days after the vacancy
occurs. If more than one vacancy exists, successive appointments shall be made, and each appointee sh all participate in any succeeding appointment. If the Council fails, for any reason, to fill such vacancy within said sixty-day period, it shall fort hwith call an election for the next established election date.
(d) In the event the Council does not call an election within sixty days of the effective date of the vacancy, the City Clerk shall call a special election to fill the vacancy, provided that the term of the vacant office does not expire at the next established election date. The special election shall take place at the next established election date. A special election called by the City Clerk shall be conducted by the County of Los Angeles and shall follow the same procedures as the most recent general municipal election for a vacant district seat. The City Clerk shall take any actions, including adoption of resolutions, necessary to e ffectuate the special election. The City Clerk shall call the special elec tion within five working days. To effectuate this section, the City Manager shall have the powers to (i) expend funds of the City to pay for the costs of the special election, and (ii) in the absence of the City Clerk, to appoin t an acting City Clerk to take any necessary actions under this section.
(e) For purposes of this section, "established election dates" are the dates established in California Elections Code section 1000, or any successor statute or amendments, unless the Council establishes additional or alternative election dates by ordinance. The “next” established election date is the established election date that is at least 114 days away. (f) The Council shall provide by ordinance or resolution for the
continuity of the Council in the even t that five vacanc ies simultaneously exist on the Council. If less than a quorum of Council seats are filled, the
10 remaining Councilmembers may meet and take action to consider, deliberate on, and make appointments until a quorum is achieved.
Section 404. MAYOR - MAYOR PRO TEMPORE. The
offices of Mayor and Mayor Pro Tem shall be filled automatically by rotation among the Councilmembers with each serving a term of approximately nine (9) and one-half (1/2 ) months. It is the intent of this provision that the Councilmember for each Council district to serve as Mayor and Mayor Pro Tem once during a four-year term. The Council shall adopt an appropriate procedure for implementing this requirement by ordinance or resolution.
The Mayor shall preside at Council meetings; shall be the chief official of the City for all ceremonial purposes; and shall perform such other duties consistent with the office as may be prescribed by the Council.
The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor’s absence or disability.
Both the Mayor and Mayor Pro Tempore shall have a voice and a vote in all proceedings of the Council.
Section 405. POWERS VESTED IN THE COUNCIL . All
powers of the City shall be vested in the Council except as otherwise
provided in this Charter.
Section 406. PROHIBITIONS .
(a) HOLDING OTHER OFFICES.
No Councilmember shall hold any other City office or City employment, and no former Councilmember shall hold any compensated City office or City employment until two y ears after leaving the office of Councilmember.
(b) INTERFERENCE IN ADMINISTRATIVE SERVICE.
Neither the Council nor any of its members shall interfere with the execution by the City Manager of the City Ma nager’s powers and duties, or order, directly or indirectly, the appointment by the City Manager or by any of the department officers in the administrative service of the City, of any person to an office or employment or thei r removal therefrom. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service under the City Manager solely through the City Manager, and neither the Council nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately.
11 Section 407. REGULAR MEETINGS OF THE COUNCIL. The
Council shall hold regular meetings at least twice each month at such times as it shall fix by ordinance or resolution, except that the Council may hold only one regular meeting in up to four months each fiscal year. At any time a regular meeting falls on a holiday, such meeting shall be held on the day designated by motion of the City Council or cancelled in accordance with this section.
Section 408. SPECIAL M EETINGS. Special meetings may
be called at any time by the Mayor or by three members of the Council
. Notice of special meetings shall be given in accordance with the Ralph M.
Brown Act, commencing with Section 54950 of the Government Code.
Section 409. ADJOURNED MEETINGS. Any regular,
adjourned regular, special, or adjourned special meeting may be
adjourned to a time and place specifie d in the order of adjournment. Any adjourned regular meeting is a regular meeting for all purposes.
Section 410. QUORUM. Subject to other pr ovisions of this Charter, three Councilmembers shall constitute a quorum to do business, but a lesser number may adjourn from time to time or compel the attendance of other Councilmembers in such a manner and under such penalties as the Council may have provided.
Section 411. OPEN MEETINGS. RALPH M. BROWN ACT.
All meetings of the Council shall be open to the public, provided the Council may adjourn to an executive session as provided by law. The provisions of the Ralph M. Brown Act, commencing with Section 54950 of the Government Code, shall apply to all meetings of the Council.
Section 412. PLACE OF MEETINGS. All Council meetings shall be held in the Council Chamber of the City Hall, or in a place to which
any meeting may be adjourned. If, by reason of fire, flood, or other emergency, it shall be unsafe to meet in the Council Chamber, the meetings may be held for the duration of the emergency at a place designated by
the Mayor, or if the Mayor should fail to act, by three members of the Council. A Council meeting may be held at, or adjourned to, a publicly accessible telephonic or electronic location.
12 Section 413. PROCEEDINGS. The Council shall cause the City Clerk to keep a correct record of all its proceedings. The Council may establish rules for the conduct of its proceedings. It may evict any member or other person for disorderly conduct at any of its meetings. Each member of the Council shall have the power to administer oaths and affirmations in any proceeding pending before the Council. The Council
shall have the power to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it.
Subpoenas shall be issued in the name of the City, signed by the Mayor, and be attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify, shall constitute a misdemeanor; the Mayor shall
report such disobedience to a judge of the Superior Court for further proceedings under the provisions of the Government Code.
Upon adoption of any ordinance, resolution, or order for payment of money, or upon the demand of any member, the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. The electronic casting of ayes and noes may be conducted in lieu of a roll call vote.
Section 414. P U B L I C PARTICIPATION. Any member of the public, personally or through counsel , shall have the right to present grievances at any regular meeting of the Council regarding any matter that is within the subject matter jurisdiction of the Council, or offer suggestions for the
betterment of municipal affairs.
Section 415. ADOPTION OF ORDINANCES AND
RESOLUTIONS. With the exception of ordinances which take effect upon adoption, referred to in this Article, no ordinance shall be adopted by the Council on the day of its introduction, nor within five days thereafter, nor at any time other than at a regular or adjourned regular meeting. At the time of its introduc tion an ordinance shall become a
part of the proceedings of such meeting in the custody of the City Clerk. At the time of adoption of an ordinance or resolution it shall not be read in full, unless reading in full is requested by consent of a majority of the Councilmembers present and voting. In the event that any ordinance is altered after is introduction, it shall not
be finally adopted except at a
meeting held not less than five days after the date upon which such ordinance was altered. Correction of a typographical or clerical error shall not constitute an alteration within th e meaning of the foregoing sentence.
13 Unless otherwise required by this Charter, the affirmative votes of at least three Councilmembers shall be required for the enactment of any ordinance or resolution, or for the making or approving of any order for the payment of money.
All ordinance and resolutions sh all be signed by the Mayor and attested by the City Clerk.
EMERGENCY ORDINANCES. Any ordinance declared by the
Council to be necessary as an emergency measure for preserving the public
peace, health, or safety and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting
if it is read in full and passed by at least four affirmative votes or, if less than four Councilmembers are presen t, then by unanimous vote of the Councilmembers present.
Section 416. ORDINANCES. PUBLICATION. The City
Clerk shall cause each ordi nance, or a summary of each ordinance, to be published at least once in the
official newspaper within fifteen days after
its adoption; provided, as an alternative, that the City Clerk may satisfy the publication requirement by posting the or dinance in at least three public places in the City as designated by the Council and on the City’s website or other publicly available City-controlled internet site.
Section 417. ADOPTION OF CODES BY REFERENCE.
Detailed regulations, pertaining to any subject, when arranged as a comprehensive code may be adopted by reference by the passage of an ordinance for such purpose. Such code need not be published in the manner required for other ordinances. A copy of any adopted code of regulations shall be made available for inspection in the City Clerk’s Office or available for purchase at a reasonable price.
Section 418. THE ARCADIA MUNICIPAL CODE. The
Arcadia Municipal Code may be amended, repealed, or added to in whole or in part by ordinance. Said Code may be rearranged and renumbered and thereupon adopted by reference in the same manner as set forth in Section 417, above.
Section 419. ORDINANCE. WHEN EFFECTIVE. An
ordinance shall become effective on the thirty-first day after its adoption, or
14 at any later date specified therein, except the following, which shall take effect upon adoption:
(a) An ordinance calling or otherwise relating to an election. (b) An improvement proceeding ordinance adopted under some law or procedural ordinance.
(c) An ordinance declaring the amount of money necessary to be raised by taxation, fixing the rate of taxation, levying the annual tax upon property, or levying any other tax.
(d) An emergency ordinance adopted in the manner provided for in this Charter.
Section 420. PUBLISHING OF LEGAL NOTICES.
(a) The publication of legal notices or other matters solely pertaining to the municipal affairs of the City, except as otherwise provided in this Charter or by ordinance of the Council, may be accomplished by posting copies thereof at three or mo re public places in the City as designated by the Council and posted on the City’s website.
(b) The publication of legal notices or other matters that do not solely pertain to the municipal affair s of the City shall be published in a manner consistent with applicable law.
(c) The newspaper with which th e Council contracts for publication of legal notices shall be deemed the official newspaper.
(d) No defect or irregularity in proceedings taken under this section shall invalidate
any publication where the same is otherwise in
conformity with this Charter or law.
ARTICLE V
CITY CLERK
Section 500. CITY CLERK. There shall be a City Clerk who shall be appointed by the City Manager .
Section 501. POWERS AND DUTIES. The City Clerk shall:
(a) Attend all meetings of the Council and be responsible for the recording and maintaining of a full and true record of all of the
proceedings of the Council.
15 (b) Maintain separate f i l e s , in which shall be recorded respectively all ordinances and reso lutions, with the certificate of the Clerk annexed to each document stating that said document is the original or a correct copy, and with respect to an ordinance, stating that said ordinance has been published or posted in accordance with this Charter; all of said files shall be properly indexed and open to public inspection when not in actual use.
(c) Maintain separate files, in which a record shall be made of all written contracts and official bonds.
(d) Be the custodian of the seal of the City.
(e) Administer oaths or affirmat ions, take affidavits and depositions pertaining to the affairs a nd business of the City and certify copies of official records.
(f) Be the City Assessor if the Council so requires.
(g) Sign all checks, except payroll checks.
(h) Conduct all City elections
(i) Perform such other duties as may be prescribed by the Council or City Manager.
Section 502. ELIMINATION OF ELECTED OFFICE. The
office of elected City Clerk shall be eliminated upon the earlier of: (1) the expiration of the term of the elected City Clerk serving at the time of adoption of this Charter, or (2) any vacancy in the elected office.
ARTICLE VI
CITY MANAGER
Section 600. CITY MANAGER. SELECTION AND
QUALIFICATIONS. There shall be a City Manager who shall be the
chief administrative officer of the City. The Council shall appoint, by not less than four votes, the person who it believes to be best qualified on the basis of their executive and administrative qualifications, with special
reference to their experience in and their knowledge of accepted practice in respect to the duties of the office as set forth in this Charter.
The City Manager shall engage in no other business or
occupation except as may be permitted by the affirmative vote of four members of the Council.
REMOV AL OF CITY MANAGER. The affirmative vote of a
majority of the members of the Counc il shall be required to remove the
16 City Manager from office, provided the City Manager shall not be removed by the Council within 135 days after a Councilmanic election, except by the unanimous vote of the entire Council.
Section 601. CITY MANGER. POWERS AND DUTIES.
The City Manager shall be respons ible to the Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibiliti es, and duties, the City Manager, subject to the provisions of this Charter and any regulations adopted pursuant thereto, shall:
(a) Appoint and remove administrative officers, except those
appointed by the Council; and when he deems it necessary for the good of the service, suspend or remove any employee.
(b) Direct and supervise the admini stration of all departments, offices, and agencies of the City.
(c) Prepare and submit the annual budget and capital program to the Council, and be responsible for administration of the annual budget and capital program after its adoption.
(d) Prepare and submit to the Council as of the end of the fiscal year a comprehensive report on the finances and administrative activities of the City for the preceding year.
(e) Make such other reports as the Council may require
concerning the operations of City de partments, offices, and agencies subject to the City Manager’s direction and supervision. (f) Keep the Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him desirable.
(g) Prepare rules and regulations governing the contracting for, purchasing, storing, distribution, and disposal of, all supplies, materials, and equipment required by any office depa rtment, or agency of the City government and recommend them to the Council for adoption. (h) See that all laws, provisions of this Charter, and acts of the Council, subject to enforcement by hi m or by officers subject to their direction and supervision, are faithfully executed.
(i) Perform such other duties as may be prescribed by the Council.
Section 602. CITY MANAGER. MEETINGS. The City
Manager shall be accorded a seat at the Council table and at all meetings of boards and commissions and shall be entitled to participate in their deliberations but shall not have a vote.
17 Section 603. C I T Y MANAGER PRO TEMPORE. The City
Manager shall appoint, subject to the approval of the Council, one of the other officers of the City to serve as City Manager Pro Tempore during any temporary absence or disability of the City Manager. During such absence or disability, the Council may revoke such designation at any time and appoint another office of the City to serve until the City Manager shall return or their disability shall cease.
ARTICLE VII
OFFICERS AND EMPLOYEES
Section 700. ADMINISTRATIVE DEPARTMENTS
(a) Creation of Departments. The Council may establish City departments, offices, or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices, and agencies, except that no function assigned by this Charter to a particular department, office, or agency may be discontinued or, unless this Charter specifically so provides, assigned to any other. (b) Direction by City Manager. Except as otherwise provided by this Charter, all departments, offices, and agencies under the direction and supervision of the City Manager sh all be administered by an officer appointed by and subject to the direction and supervision of the
Manager. With the consent of the Council, the Manager may serve as the department director of one or more such departments, offices or agencies or may appoint one person as the department director of two or more of them.
(c) Not inconsistent with this Charter, the Council may provide
for the number, titles, qualifications, powers, duties, and compensation of all officers and employees.
(d) Merit Principle. All appointments and promotions of City officers and employees shall be made solely on the basis of merit and fitness demonstrated by examination of other evidence of competence.
Section 701. CITY ATTORNEY. POWERS AND DUTIES.
There shall be a City Attorney who shall be appointed and subject to removal by a majority vote of the enti re Council. Under the administrative
direction of the City Manager, the City Attorney shall serve as chief legal adviser to the Council, the City Manager, and all City departments, offices, and agencies; the City Attorney shall represent the City in all legal
18 proceedings and shall perform such other duties as may be prescribed by the Council. The City Attorney sha ll serve as the City Prosecutor and prosecute on behalf of the People any and all criminal cases arising from violations of this Charter or City ordinances; and shall, when authorized by law and the City Council, prosecute misdemeanor offenses arising out of violations of state laws.
The City Council may establish wh en the City Attorney shall commence, or shall cease, the prosecuti on of state law misdemeanors, and the City Council may limit the stat e law misdemeanors that may be prosecuted by the City Attorney. Alternatively, the City Council may create a separate office of City Prosecutor, who shall be appointed by and serve at the pleasure of the City Council. Th e City Prosecutor shall assume the prosecutorial duties of the City A ttorney that are assigned by the City Council. All actions of the City Council under this paragraph shall be done by ordinance. This section is not intended to relieve the District Attorney of the duty to prosecute misdemeanors wh ere the City Attorney or City Prosecutor is unable or not empowered to act.
To become eligible for City Attorney or City Prosecutor, the person appointed shall be an attorney-at-law duly licensed as such under the laws of the State of California, and shall have been engaged in the practice of law for at least two years prior to appointment.
Section 702. FINANCE OFFICE. The City Manager shall
appoint an individual responsible for the Finance Office who shall:
(a) Have charge of the administrati on of the financial affairs of the City under the direction of the City Manager.
(b) Compile the budget expense and income estimates and supply data for the capital program as requested by the City Manager. (c) Maintain a general accounting system for the City government and each of its offices, departments, and agencies.
(d) Supervise and be responsible for the disbursement of all moneys and have control of all expenditures to ensure that budget appropriations are not exceeded; audit all purchase orders before issuance; audit and approve before payment, all bills, invoices, payrolls, demands, or charges against the City government and, with the advice of the City Attorney, when necessary, determine the regularity, legality, and correctness of such claims, demands, or charges.
(e) Supervise the collection, receipt, and the deposit of all
moneys payable to the City in a depository designated by the Council or by
19 the City Manager or their designee, if the Council has not acted, and in compliance with all applicable laws.
(f) Submit to the Council through the City Manager a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City; and, as of the end of each fiscal year,
submit a complete financial statement and report.
(g) Supervise the keeping of current inventories of all property of the City by all City departments, offices, and agencies. (h) Perform such other duties as may be prescribed by the Council.
TREASURER. There shall be a Tr easurer in the Finance Office who shall be appointed and may be removed by the Director of Administrative Services subject to th e approval of the City Manager. The Treasurer shall perform those duties required by law, assigned by the Director of Administrative Services, and those provided by ordinance or resolution.
Section 703. PL ANNING OFFICE. The City Manager shall
appoint an individual responsible for the Planning Office who shall:
(a) Advise the City Manager on any matter affecting the physical development of the City.
(b) Formulate and recommend to the City Manager a general plan and modifications thereof.
(c) Review and make recomme ndations regarding proposed Council action implementing the general plan.
(d) Participate in the preparation and revision of the capital program.
(e) Advise the City Planning Commission in the exercise of its responsibilities and in connection th erewith provide necessary staff assistance.
(f) Perform such other duties as ma y be prescribed by the City Manager.
Section 704. DEPARTMENT DIRECTORS.
APPOINTIVE POWERS. Each department director shall have the power to appoint, supervise, suspend, or remove such assistants, deputies, subordinates, and employees as are provided for by the Council for their department, subject to approval of the City Manager and subject to the civil service provisions of this Charter and the rules and regulations promulgated hereunder.
20 Section 705. PERSONAL FI NANCIAL INTEREST.
Except as permitted by the Government al Code, any City officer or employee who has a financial interest in any contract with the City or in the sale of any land, materials, supplies, or services to the City or to a contractor supplying the City shall make known that interest and shall refrain from voting upon or otherwise participating in their capacity as a City officer or employee in the making of such sale or in the making or performance of such contract. Any City officer or employee who willfully conceals such a financial interest or willfully violates the
requirements of this section shall be guilty of malfeasance in office or position and shall forfeit their office or position. Violation of this section with the knowledge, express or implie d, of the person or corporation contracting with or making a sale to the City shall render the contract or sale voidable by the City Manager or the Council.
Section 706. ADMINISTERING OATHS.
Each department director or their deputies as t h e y may designate shall have the power to administer oaths and affirmations in connection with any official business pertaining to their department.
Section 707. ACCEPT ANCE OF OTHER OFFICE. Any
administrative officer or any employee of the City who shall accept or retain any elective public office of the City of Arcadia shall be deemed thereby to have resigned from their office or employment under the City government.
Section 708. NEPOTISM. The Council shall not appoint to a salaried position in the City govern ment any person w ho is a relative by
blood or marriage within the third degree of any member of the Council, nor shall any administrative officer or other officer having appointive power appoint any relative of theirs within such degree to any such position.
Section 709. OFFICIAL BONDS. The Council shall fix by
ordinance or resolution the amounts and terms of the official bonds of all
officers or employees who are requi red by ordinance or resolution to give such bonds. All bonds shall be executed by a responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City.
21 There shall be no personal liability upon, or any right to recover against, a superior officer, or their bond, for any wrongful act or omission of their subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission.
ARTICLE VIII
BOARDS AND COMMISSIONS
Section 800. IN GENERAL. There shall be the following
boards and commissions which shall have the powers and duties set forth in this Charter and by ordinance not inconsistent with this Charter:
Planning Commission
Human Resources Commission
Library Board of Trustees
Recreation and Parks Commission
In addition, the Council may create by ordinance such other boards or commissions as in its j udgment are required and may grant to them such powers and duties as are not inconsistent with the provisions of this Charter.
Section 801. APPROPRIATIONS. The Council shall
include
in its annual budget such appropr iations of fund s as the Council shall determine to be sufficient for the efficient and proper functioning of boards and commissions.
Section 802. APPOINTMENTS. TERMS. The number of
members of boards and commissions shall be specified by the Council.
Except as hereafter provided, each member of each board or commission shall be appointed for a term of four years and shall serve until t h e i r successor qualifies; t h e y shall be subject to removal by motion of the
Council adopted by at least three affirmative votes. In the event an incumbent is removed or otherwise vacates their office, their successor shall
be appointed for the unexpired term of said office. The members thereof shall be appointed from the legally registered voters of the City and shall not hold any other City office or employment.
A member who has held office on the same board or commission for two consecutive four-year terms, excluding part or all of an unexpired term, shall not be eligible to hold office on such board or commission until two years after the expiration of the second consecutive term.
22 Section 803. EXISTING BOARDS. The members of the boards and commissions holding office when this Charter takes effect shall continue to hold office thereafter until their respective terms of office shall expire and until their successors are appointed and qualify.
Section 804. MEETINGS. CHAIRPERSON. As soon as
practicable, following the first day of July of every year, each of such boards and commissions shall organize by electing one of its members as presiding officer, and another as chairperson pro tempore, to serve at the pleasure of such board or commission. Each board or commission shall hold regular meetings as the Counc il may require, and such special meetings as otherwise may be necessary. The provisions of Section 411 hereof, relating to the Ralph M. Brown Act, shall apply to all meetings of boards and commissions and, subject to the provisions of said Act, all meetings shall be open to the public.
The affirmative vote of a majority of the quorum of such board or commission shall be necessary for it to take any action.
The City Manager may designate a City employee for the recording of minutes for each of such boards and commissions, who shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own procedures and rules of operation which shall be kept on file in the office of the City Clerk where they shall be available for public inspection.
Section 805. COMPENSATION. VACANCIES. The
members of boards and commissions shall serve without compensation for their services as such but may receive reimbursement for necessary traveling and other expenses incurre d on official duty when such expenditures have received authorization by the Council.
Any vacancies in any board or commission, from whatever cause arising, shall be filled by appointment by the Council. Upon a
vacancy occurring leaving an une xpired portion of a term, any appointment to fill such vacancy sh all be for the unexpired portion of such term.
If a member of a board or commission is absent from three consecutive regular meetings of su ch board or commission, unless by
23 permission of such board or commission expressed in its official minutes; is convicted of a crime involving moral turpitude; ceases to be a legally registered voter of the City; or files or causes to be filed nomination papers with the City Clerk for elective City office, t h e i r office shall
become vacant and shall be so declared by the Council.
Section 806. PLANNING COMMISSION. There shall be a
City Planning Commission which shall make recommendations to the City Manager and the Council on all matters affecting the physical development of the City, shall be c onsulted on the general plan and the implementation thereof, and shall perform such other duties as may be prescribed by the Council.
Section 807. GENERAL PLAN.
(a) Content. The Council shall adopt, and may from time to time modify, a general plan setting forth in graphic and textual form policies to govern the future physical devel opment of the City. Such plan may cover the entire City and all of its functions and services or may consist of a combination of plans governing specific functions and services or specific geographic areas which together cover the entire City and all of its
functions and services.
(b) Effect. The general plan shall serve as a guide to all future Council action concerning land use, development regulations, and expenditures for capital improvements.
(c) Land Use Policies. Land use po licies and regulations of zoning and development standards, including but not limited to policies contained within the General Plan, are municipal affairs and this Charter shall prevail over state statutes regula ting land use within the City. The Council shall have plenary authority over land use policies and regulation of zoning and development standards.
Section 808. HUMAN RESOURCES COMMISSION.
POWERS AND DUTIES. There shall be a Human Resources
Commission which shall:
(a) Hear appeals of any person in the Classified Service relative to any suspension, demotion, or dismissal.
(b) Perform such other duties as may be prescribed by the Council. (c) Have the authority to issue subpoenas under penalty of law.
24 Section 809. LIBR ARY BOARD OF TRUSTEES.
POWERS AND DUTIES. There shall be a Library Board of Trustees which shall:
(a) Administer and operate the City libraries.
(b) Establish and enforce such by-laws, procedures, and rules of operation as may be necessary for, and make all purchases and other contracts in connection with, the administration, government, and protection of the City libraries and shall designate its own Secretary. (c) Appoint and remove the Librarian, who shall be the
department director, and pass upon and approve all proposed appointments and removals by the Librarian.
(d) Subject to the approval of the Council, contract with schools, county, or other governmental agencies to render or receive
library services or facilities.
Section 810. RECREATION AND PARKS COMMISSION.
POWERS AND DUTIES. There shall be a Recreation and Parks Commission which shall:
(a) Act in an advisory capacity to the Council in all matters pertaining to community recreation and parks.
(b) Perform such other duties as may be prescribed by the
Council.
ARTICLE IX
CIVIL SERVICE
Section 900. EXISTING CIVIL SERVICE SYSTEM. To
the extent that existing Civil Service ordinances and rules and regulations of the City are not in conflict with this Charter, they are continued in
full force and effect, and to the extent that they are in conflict they are hereby repealed.
Section 901. UNCLASSIFIED AND CLASSIFIED
SERVICE. The Civil Service of the City shall be divided into the Unclassified and the Classified Service.
(a) The Unclassified Service shall comprise the following officers and positions:
1. Councilmember.
2. City Manager, City Attorney, City Clerk, Chief of Police,
25 and Fire Chief. Assistants , deputies, management and clerical employees author ized for said department
directors and designated by the Council to be in the
Unclassified Service.
3. All other department directors.
4. City Manager Pro Tempore.
5. Human Resources Administrator.
6. City Librarian
7. All members of boards and commissions.
8. Positions in any class or grade created for a special or temporary purpose and for a period of not exceeding
one hundred eighty days in any one calendar year.
9. Persons employed to rende r professional, scientific, technical, or expert service of an occasional and
exceptional character.
10. Part-time employees.
(b) The Classified Service shall comprise all positions not
specifically included by this section in the Unclassified Service.
Section 902. APPOINTMENTS FROM CLASSIFIED
SERVICE POSITIONS. In the event an employee of the City holding a position in the Classified Service is appointed to a position in the Unclassified Service, and should thereafter within one year be removed or resign therefrom, they shall reve rt to his former position in the Classified Service upon the same terms and conditions as if t h e y had remained in said position continuously.
Section 903. RECRUITMENT. Examinations of applicants for positions in the Classified Service shall fairly test the relative capacity of the applicants to discharge the duties of the positions to which they seek to be appointed. Applicants must be citizens of the United States.
Section 904. SUSPENSION, DEMOTION, AND DISMISSAL.
The boards and officers having appointive power are
vested
with the right to exercise the di sciplinary and removal powers provided in this section.
An employee holding a position in the Classified Service shall be subject to suspension without pay for a period not exceeding thirty days in any
26 one calendar year, to demotion, or to removal from their position, but subject in each case to the right of the employee, other than one serving a probationary period, to a hearing before the Human Resources Commission in the manner set forth herein.
Such employee shall be entitled to receive upon their request, at the office of the board of officer taki ng such action, a written statement in which shall be separately stated each of the charges against them upon which such suspension, demotion, or removal is based, a copy of which statement shall be furnished to Human Resources for delivery to the Human Resources Commission. Such st atement shall be furnished such employee within two business days af ter their request therefor, which request must be filed in Human Resources within ten days after they have been notified of such demotion, rem oval, or suspension. If such employee is absent from work, they shall be d eemed to be so notified when such notice is mailed to their last address on file with the City by registered mail.
They shall have thirty days after receipt of such statement within which to file with Human Resources an answer to such statement of charges should they desire to do so.
In their answer, or otherwise if no statement of charges has been made available to them as required, such employee may request a hearing by the Human Resources Commission to review such suspension, demotion, or removal, which hearing shall be called and held as provided for in the rules and regulations. Within thirty days from such notification, such answer or request for a hearing shall be filed in Human Resources for delivery to the Human Resources Commission. Hearings may be conducted informally and the rules of evidence need not apply.
The Human Resources Commission shall make written findings which shall state as to each charge whether or not such charge is sustained.
Such Commission shall also set fort h in writing its conclusions and recommendations based upon such findi ngs and, within ten days after concluding the hearing, it shall certi fy its findings, conclusions, and recommendations to the City Manager and the parties involved.
The recommendations of the Human Resources Commission shall be advisory only. The City Manager shall make a final decision with respect to such recommendations, and their d ecision shall be final and conclusive and no further appeal shall be taken therefrom.
27 When an appeal is taken to the Human Resources Commission from an order of dismissal, the vacancy in the position shall be considered a temporary vacancy pending fina l action by the Human Resources Commission and may be filled only by a temporary appointment
Section 905. POLITICAL ACTIVITIES PROHIBITED.
Any City employee, upon becoming a candidate for an elective public office of the City of Arcadia, shall be required to take, and shall be granted a leave of absence without pa y to remain in effect during the period of time such person is a candidate.
No City employee shall take any part in any political campaign while in a uniform bearing the insignia or name of the City of Arcadia. No person shall use the administrative offices and facilities of the City for the purpose of furthering a political campaign for public office.
Section 906. PROHIBITIONS. GENERAL.
(a) No person shall be appointe d, removed, favored, or discriminated against with respect to any City position or office because of race, sex, political or religious opinions or affiliations. (b) No person shall willfully make any false statement, certificate, mark, rating, or report in regard to any test, certification, or appointment under the personnel provisions of this Charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules, and regulations.
(c) No person who seeks appointment or promotion with
respect to any City position or office shall directly or indirectly give, render, or pay or offer to give, render, or pay any money, service, or other valuable thing to any person for or in connection with their test, appointment
proposed appointment, promotion, or proposed promotion. (d) In addition to the penalties prov ided in Section 1501 of this Charter, any person who by themselves or with another willfully violates any provisions of subdivisions (b) and (c) of this section shall, upon c onviction thereof, be ineligible for a period of five years for employment
in the City service and shall immediately forfeit their office or position if they are an officer or employee of the City.
28 ARTICLE X
RETIREMENT
Section 1000. PUBLIC EMPLOYEES RETIREMENT
SYSTEM. Plenary authority and power are hereby vested in the City, its Council, and its several officers, agents, and employees to do and perform any act, or exercise any authority granted, permitted, or required under the provisions of the Public Employees Retirement Law, as it now exists or hereafter may be amended, to enable the City to continue as a
contracting City under said Retirement system. The Council may terminate any such contract with the Board of Administration of the Public Employees Retirement System only under authority granted by ordinance adopted by a majority vote of the legally registered voters of the City, voting on such proposition at an election at which such proposal is
presented.
ARTICLE XI
ELECTIONS
Section 1100. GENERAL MUNICIPAL ELECTIONS.
Commencing with the election of N ovember 8, 2022, general municipal elections for the election of officers and for such purposes as the Council may prescribe shall be held in the City on the first Tuesday after the first Monday in November in each even-n umbered year, except as otherwise provided by ordinance of the Council.
Section 1101. SPECIAL MUNICIPAL ELECTIONS. Other
municipal elections shall be known as special municipal elections.
Section 1102. PROCEDURE FOR HOLDING ELECTIONS.
Unless otherwise provided by ordinan ce hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as it exists or is amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter.
Section 1103. INITIATIVE, REFERENDUM, AND
RECALL. There are hereby reserved to the voters of the City the powers of the initiative and referen dum and of the recall of municipal elective
officers. The provisions of the Elections Code of the State of California, as it exists or is amended, governing the initiative and referendum and the
29 recall of municipal officers shall apply so far as the same are not in conflict with this Charter.
ARTICLE XII
FISCAL ADMINISTRATION
Section 1200. FISCAL YEAR. The fiscal year of the City
government shall begin on the first day of July of each year and end on the thirtieth day of June of the following year. The Council may by ordinance change the fiscal year.
Section 1201. SUBMISSION OF BUDGET AND BUDGET
MESSAGE. On or before the twenty-fifth day of May of each year, or at such other time as the Council may prescribe, the C i t y Manager shall
submit to the Council a budget for the ensuing fiscal year and an accompanying message.
The City Manager’s message shall explain the budget both in fiscal
terms and in terms of the work programs. It shall outline the proposed financial policies of the C ity for the ensuing fiscal year; describe the important features of the budget; indicate any major changes from the current year in financial polic ies, expenditures, and revenues together with the reasons for such changes; summarize the City’s debt position;
and include such other material as the City Manager deems desirable.
Section 1202. BUDGET. The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the City Council may require. In organizing the budget the City Manager shall utilize the most feasible combination of expenditure classi fication by fund, organization unit, program, purpose
or activity, and object. It shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the
proposed property tax levy, a nd all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the preceding fiscal year. It shall indicate in separate
sections:
30 (a) Proposed expenditures for cu rrent operations during the ensuing fiscal year, detailed by offi ces, departments, and agencies in terms of their respective work progr ams, and the method of financing such expenditures;
(b) Proposed capital expenditures during the ensuing fiscal year, detailed by offices, departments, and agencies when practicable, and the proposed method of financing each such capital expenditure; and (c) Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by the City and the proposed method of its disposition.
The total of proposed expenditures shall not exceed the total of estimated income plus available reserves.
Section 1203. CAPITAL PROGRAM. As used in this
section, a capital improvement shall mean an improvement with an estimated cost as established by Council resolution or ordinance. (a) Submission to City Council. The City Manager shall prepare and submit to the Council a five-year capital program no later than the final date for submission of the budget.
(b) Contents. The capital program shall include:
1. A clear general summary of its contents;
2. A list of all capital improvem ents which are proposed to be undertaken during the five fiscal years next
ensuing, with appropriate supporting information as to
the necessity for such improvements;
3. Cost estimates, method of financing, and recommended time schedules for each such improvement; and
4. The estimated annual cost of operating and maintaining the facilities to be constructed or acquired.
The above information may be re vised and extended each year with regard to capital improvements still pending or in process of construction or acquisition.
Section 1204. COUNCIL ACTION ON BUDGET.
(a) Notice and Hearing. The City Clerk shall publish in the
official newspaper a general summary of the budget and a notice stating:
1. The times and places where copies of the message and budget are available for inspection by the public, and
2. The time and place, not less than ten days after such publication, for a public hearing on the budget.
31 (b) Further Consideration and A doption. After the conclusion of the public hearing, the Council shall further consider the proposed budget and make any revision thereof that it may deem advisable; and on or before July 1 it shall adopt the budget. Adoption of the budget shall constitute
appropriations of the amounts specified therein as expenditures from the funds indicated. If it fails to adopt the budget by said date, the amounts appropriated for current operation for the current
fiscal year shall be
deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items in it prorated accordingly, until such time as the Council adopts a budget for the ensuing fiscal year.
Section 1205. CO UNCIL ACTION ON CAPITAL
PROGRAM.
(a) Notice and Hearing. The City Clerk shall publish in the official newspaper a general summ ary of the capital program and a notice stating:
1. The times and places where copies of the capital
program are available for inspection by the public, and
2. The time and place, not less than ten days after such publication, for a public hearing on the capital program. (b) Adoption. The Council by resolution shall adopt the capital program with or without amendment after the public hearing.
Section 1206. PUBLIC RECORDS. Copies of the budget and the capital program as adopted shal l be public records and shall be made available to the public at suitable places in the City.
Section 1207. AMENDMENTS AFTER ADOPTION.
(a) Supplemental Appropriations. If during the fiscal year the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Council by resolution may make supplemental appropriations for the year up to the amount of such excess.
(b) Reduction of Appropriations. If at any time during the fiscal
year it appears probable to the City Manager that the revenues available will be insufficient to meet the amount appropriated, they shall report to the Council without delay, indicating the estimated amount of the deficit, any remedial action taken by them, and their recommendations as to any other steps to be taken. The Council shall then take such further action as it deems necessary to preven t or minimize and deficit, and for the
purpose it may by resolution reduce one or more appropriations.
32 (c) Transfer of Appropriations. At any time during the fiscal year the City Manager may transfer part or all of any unencumbered appropriation balance among programs w ithin a department, office, or agency and, upon written request by the City Manager, the Council may by resolution transfer part of all of any unencumbered appropriation balance from one department, office, or agency to another. (d) Limitations; Effective Date. No appropriation for debt service
may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental appropriations and reduction or transf er of appropriations authorized by this section may be made effective immediately upon adoption.
Section 1208. LAPSE OF APPROPRIATIONS. Every
appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure
shall continue in
force until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if three years pass without any disbursement from or encumbrance of the appropriation.
Section 1209. TAX LIMITS.
(a) The Council shall not levy a property tax, for municipal purposes, in excess of One Dollar and Thirty Cents annually on each One Hundred Dollars of the assessed value of taxable property in the City, except as otherwise provided in this section, unless authorized by the affirmative votes of a majority of the voters voting on a proposition to increase such levy at any electi on at which the question of such additional levy for munici pal purposes is submitted to the voters. The number of years that such additional levy is to be made shall be specified in such proposition.
(b) There shall be levied and coll ected at the time and in the same manner as other property taxes for municipal purpos es are levied and collected, as additional taxes, if no other provision for payment thereof is made:
1. A tax sufficient to meet all liabilities of the City for principal and interest of all bonds of judgments due and unpaid, or to become due during the ensuing fiscal year, which constitute general obligations of the City; and
33 2. A tax sufficient to meet all obligations of the City to the Public Employees Retirement System for the retirement
of City employees, due and unpaid or to become due
during the ensuing fiscal year.
Section 1210. TAX PROCEDURE. The procedure for the
assessment, levy, and collection of taxes upon property, taxable for municipal purposes, may be prescribed by ordinance of the Council.
Section 1211. BONDED DEBT LIMIT. The City shall not
incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of fifteen percent of the total assessed value, for purposes of City taxation, of all taxable real and personal property within the City.
No bonded indebtedness which shall constitute a general
obligation of the City may be create d unless authorized by the affirmative votes of two-thirds of the voters voting on such proposition at any election at which the question is submitted to the voters and unless in compliance with the provisions of the State Constitution and of this Charter.
Section 1212. CONTRACTS ON PUBLIC WORKS . Every
contract involving an expenditure in an amount determined by Council resolution or ordinance for public works construction or improvement shall be let through a competitive selec tion process under such rules as the Council may prescribe. The Council may establish exceptions to this competitive process requirement, provide d that the Council finds that the exception will be in the best interest of the City.
Section 1213. CASH BASIS FUND. The Council shall
maintain unrestricted cash reserves th at are adequate for the purpose of placing the payment of the operating expenses of the City on a cash basis. Said reserves shall consist of cash funds from any available sources in an amount which the Council deems sufficient with which to meet all lawful demands against the City fo r the first five months or longer necessary period of the succeeding fiscal year prior to the receipt of ad
valorem tax revenues.
Section 1214. PRESENTATION AND AUDIT OF
DEMANDS. Any demand against the City must be in writing and may be in the form of a bill, invoice, payroll, or formal demand. Each such demand shall
34 be presented to the individual in charge of the Finance Office, who shall examine the same. If the amount thereof is legally due and there remains on the books an unexhausted balance of an appropriation against which the same may be charged, such individual shall approve such demand and draw a warrant on the Treasurer therefor, payable out of the proper fund.
The individual in charge of the Finance Office shall transmit such demand, with approval or rejection thereof endorsed thereon, and warrant, if any, to the City Manager. If a dema nd is one for an item included within an approved budget appropriation, it shall require the approval of the City Manager; otherwise it shall require the approval of the Council, following the adoption by it of an amendment to the budget authorizing such payment. Any person dissatisfied with the refusal of the City Manager to approve any demand, in whol e or in part, may present the same to the
Council which, after examining into the matter, may approve or disapprove the demand in whole or in part.
Section 1215. REGISTERING WARRANTS. Warrants on the
Treasurer which are not paid for lack of funds shall be registered. All registered warrants shall be paid in the order of their registration when funds therefor are available and shall bear interest from the date of registration at such rate as shall be fixed by the Council by resolution.
Section 1216. CLAIMS AGAINST THE CITY. The Council
by
ordinance may provide for conditions precedent to the commencement of any action or proceeding to bringing suit against the City, its officers, and employees, except as the subject is preempted by State law.
Section 1217. INDEPENDENT AUDIT. The Council shall
employ, at the beginning of each fiscal year, a certified public accountant who shall, at such time or times as may be specified by the Council and at such other times as the accountant shal l determine, examine the books, records, inventories, and reports of all officers and employees who receive, handle, or disburse public funds and all such other officers, employees, or departments as the Council may dire ct. As soon as practicable after the
end of the fiscal year, a final certified audit and report shall be submitted by such accountant to the Council, one copy thereof to be submitted by such accountant to the Council, one copy thereof to be distributed to each member, one to the City Manager, Treasurer, and City Attorney, respectively, and three additional copies to be placed on file in the office of
35 the City Clerk where they shall be available for inspection by the general public.
Section 1218. DONATIONS. The Council may accept money,
personal property, or real estate donated, devised, or bequeathed to the City and authorize the City Manager to carry out the terms and conditions of the donation, devise, or bequeathment. If no terms or conditions are attached to the donation, devise, or bequeathment, the Council may designate its use for any municipal purpose. The Council may establish procedures for the administrative acceptance of donation s, devises, and bequeathments by ordinance or resolution.
ARTICLE XIII
FRANCHISES
Section 1300. GRANTING OF FRANCHISES. The Council
may grant a franchise to any person, partnership, corporation, or other legal entity capable of exercising the privilege conferred, whether operating under an existing franchise or not, and may prescribe the terms, conditions, and limitations of such grant, including the compensation to be paid to the City therefor. The Council may prescribe by ordinance or resolution the method or procedure for granting franchises, together with additional terms and conditions for making such grants. In the absence of
such provision the method provided by the general laws of the State shall apply.
Section 1301. TERMS OF FRANCHISE. No franchise shall
be granted for a longer period than twenty-five years, unless there be reserved to the City the right to take over at any time the works, plant, and property constructed under the grant at their physical valuation and without compensation for franchise or good will.
Section 1302. EMINENT DOMAIN. No franchise or grant
of
a franchise shall in any way or to any extent impair or affect the right of the City to acquire the property of the possessor thereof by purchase or condemnation, and nothing therein c ontained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City’s right of eminent domain with respect to the property of the
possessor of any franchise. Every franchise granted by the City is granted upon the condition, whether expres sed in the grant or not, that such
36 franchise shall not be given any valu e before any court or other public authority in any proceeding of any character in exces s of any amount actually paid by the grantee to the City at the time of the grant.
Section 1303. PROCEDURE FO R GRANTING FR ANCHISES.
Before granting any franchise, the Council shall adopt a resolution declaring its intention to grant same and stating the name of the proposed grantee, the character of the pr oposed franchise, and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour, and place when and where any person having an interest in or objecting to the granting of such franchise may appear before the Council and be heard thereon. Said resolution shall be published at least once, not less than ten days prior to said hearing in the official newspaper. After hearing all persons desiring to be heard, the Council may by ordinance deny or grant the franchise
on the terms and conditions
specified in the resolution subject to the referendum of the people. No ordinance granting a franchise shall be adopted as an emergency ordinance.
ARTICLE XIV
BOARD OF EDUCATION
Section 1400. ESTABLISHMENT OF A BOARD OF
EDUCATION. The control, management, and administration of the public schools of the City of Arcadia an d the territory that is now or may hereafter be annexed thereto for sc hool purposes, in accordance with the Constitution and general laws of the State of California, is hereby vested in a Board of Education consisting of five members who shall be voters in the school district; said Board is hereby vested with all the powers and charged with all the duties provided by the laws of the State for city boards of education.
Section 1401. TERM OF OFFICE. The members of such
Board of Education shall be elected from the school district at large and shall hold office for the term of four years, and until their successors are
elected and duly qualified.
Section 1402. ELECTION. School board elections shall be held on the third Tuesday in April of each odd-numbered year. The members of such Board of Education holding office at the time this Charter becomes effective shall continue in office for their respective terms of
37 office and until their respective successors are elected and duly qualified as herein provided. The officers of the election for members of the Board of Education shall be compensated for their services as provided by the general laws of the State governing school elections;
such compensation
and any other expense incurred in the conduct of said election shall be a charge upon the School District and not upon the City.
In the preparation of ballots fo r the election of members for the
Board of Education, there shall be printed, stamped, or written the name of each candidate for such office who has filed the required documents pursuant to the requirements of the general law of the State relating to the election of Boards of Education.
In all other matters the election for members of the Board of Education shall be governed by the general law of the State relating to the election of city boards of education.
Section 1403. MEETINGS. The members of the Board of
Education shall enter upon the discharge of their duties on or before the
second Tuesday in July after their election, and the Board shall meet upon said day and annually thereafter and organize by electing one of their number President, one of their number Vice President, and one of their number Clerk, whose terms of office shall be one year. They shall hold regular meetings at least once each month, at such time and place as may be determined by their rules. Special meetings may be called by the
President or by written request of any three members. A majority of the members shall constitute a quorum. The Board may determine the rules of its proceedings, and the ayes and noes shall be taken, recorded and entered on the records of the Board. Any vacancy occurring on the Board shall be filled by the remaining members of the Board, and if there be no members, then by the Council.
Section 1404. BOARD SECRETARY. The Board of Education
shall, at the first meeting in each school year, or at such other time as shall be fixed by resolution of the Board, appoint the
Superintendent of
Schools as Secretary to the Board and shall prescribe the duties of such secretary.
38 Section 1405. GENERAL LAW APPLICABLE. In all matters not specifically provided for in this Article, the Board of Education shall be governed by the provisions of the general law relating to such matters.
ARTICLE XV
MISCELLANEOUS
Section 1500. DEFINITIONS. Unless the provision or the
context otherwise requires, as used in this Charter:
(a) “Shall” is mandatory, and “may” is permissive.
(b) “City” is the City of Arcadia, and “department,” “board,” “commission,” “agency,” “officer,” or “employee” is a department board, commission, agency, officer, or employee, as the case may be, of the City of Arcadia.
(c) “Council” is the City Council of the City.
(d) “Councilmember” is a member of the Council.
(e) “Department director” is the person in charge of a City department.
(f) “Government Code” is the California Government Code as it exists upon adoption of this Charter, or is thereafter amended. (g) “Municipal Code” is the Arcadia Municipal Code.
(h) “Law” includes ordinance.
(i) “Officer” is a person holding an elected office, a member of a board of commission, the City Manager, and a department director in charge of a City department or a person acting in his place.
(j) “State” is the State of California.
(k) “V oter” is a legally registered voter.
(l) The masculine, feminine, and neuter genders shall be interchangeable, as shall be the singular and plural. In particular, the terms “they,” “their” and “them” are intended to be the singular where the context so indicates.
Section 1501. VIOLATIONS. A violation of this Charter or of any ordinance of the City shall constitute a misdemeanor or infraction as deemed by ordinance of the City and may be prosecuted in the name of the
People of the State of California or may be redressed by civil action filed by the City Attorney on behalf of the City. The maximum fine or penalty for any violation of a City ordinance shall be that sum authorized by State Penal Code provisions applicable to misdem eanors, or a term of imprisonment for a period not
exceeding six months, or both such fine and imprisonment.
39 Section 1502. V ALIDITY. If any provision of the Charter, or the application thereof to any person or circumstance is held invalid, the remainder of the Charter, and the application of such provision to other persons or circumstances, shall not be affected thereby.” Attachment "B"
Attachment "C"