Title CHA
CHARTER
Article I
NAME AND SEAL
§ 100. Name of the City.
§ 101. Seal.
Article II
SUCCESSION
§ 200. Rights and Liabilities.
§ 201. Ordinances.
§ 202. Continuance of Contracts
and Public Improvements.
§ 203. Pending Actions and
Proceedings.
§ 204. Present Officers and
Employees.
§ 205. Emergency Powers.
§ 206. Effective Date of Charter.
Article III
BOUNDARIES
§ 300. Boundaries.
Article IV
POWERS OF THE CITY
§ 400. Powers.
§ 401. Procedures.
Article V
ELECTIVE OFFICERS
§ 500. Elective Officers.
§ 501. Eligibility.
§ 501A. Election of Members; Term
Limits.
§ 502. Vacancies.
§ 503. Compensation.
Article VI
THE COUNCIL
§ 600. Powers.
§ 601. Composition.
§ 602. Election of Mayor.
§ 603. Duties of the Mayor.
§ 604. Election of Mayor Pro
Tempore.
§ 605. Duties of the Mayor Pro
Tempore.
§ 606. Term of Mayor and Mayor
Pro Tempore.
§ 607. Meetings.
§ 608. Place of Meeting.
§ 609. Proceedings and Quorum.
§ 610. Citizen Participation.
§ 611. Ordinances and Resolutions.
§ 612. Codification of Ordinances.
Article VII
CITY MANAGER
§ 700. City Manager.
§ 701. Residence.
§ 702. Eligibility.
§ 703. Compensation and Bond.
§ 704. Powers and Duties.
§ 705. Meetings.
§ 706. Acting City Manager.
§ 707. Removal.
§ 708. Noninterference with
Administrative Service.
Article VIII
OTHER OFFICERS, DEPARTMENTS
AND EMPLOYEES AND PROVISIONS
RELATING TO OFFICERS
GENERALLY
§ 800. Officers.
City of Los Alamitos, CA
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§ 801. Administrative
Departments.
§ 802. City Clerk, Powers and
Duties.
§ 803. Treasurer.
§ 804. City Attorney, Powers and
Duties.
Article IX
ELECTION OF COUNCILMEMBERS
AND COUNCIL DISTRICTS
§ 900. Election under Existing
Law.
§ 901. Division into Districts.
§ 902. Composition of Districts.
§ 903. Redefining of Districts.
§ 904. Election of Councilmembers.
§ 905. Voting for Councilmembers.
§ 906. General Municipal
Elections.
§ 907. Electors Signing Petitions.
Article X
APPOINTIVE BOARDS AND
COMMISSIONS
§ 1000. In General.
§ 1001. Present Existing Boards and
Commissions.
§ 1002. Appropriations.
§ 1003. Appointments. Terms.
§ 1004. Composition of Boards and
Commissions.
§ 1005. Compensation. Vacancies.
Article XI
RETIREMENT
§ 1100. Retirement.
§ 1101. Vote by Employees.
Article XII
FISCAL ADMINISTRATION
§ 1200. Fiscal Year.
§ 1201. Annual Budget. Preparation
by the City Manager.
§ 1202. Budget. Submission to City
Council.
§ 1203. Budget. Public Hearing.
§ 1204. Budget. Adoption.
§ 1205. Budget Appropriations.
§ 1206. Contracts on Public Works.
§ 1207. Taxation.
§ 1208. Disbursement of Funds.
§ 1209. Claims and Demands.
Applicability of State
Procedure.
§ 1210. Demands Against the City.
§ 1211. Requirement of Council
Approval.
Article XIII
INITIATIVE, REFERENDUM AND
RECALL
§ 1300. In General.
Article XIV
DEFINITIONS AND MISCELLANEOUS
§ 1400. Definitions.
§ 1401. Violations.
§ 1402. Severability.
§ 1403. Headings.
§ 1404. Absence from the State.
§ 1405. Publication.
§ 1406. Nepotism.
§ 1407. Official Bonds.
§ 1408. Illegal Interest in Contracts.
§ 1409. Combination of Offices and
Departments.
§ 1410. Oaths.
§ 1411. Validity.
City of Los Alamitos, CA
LOS ALAMITOS CODE
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History:
APPENDIX B.
CHARTER
ADOPTED SEPTEMBER 1966
REVISED NOVEMBER 1968
REVISED NOVEMBER 1980
REVISED APRIL 1988
REVISED NOVEMBER 1998
Ordaining Clause:
We, the people of the City of Los Alamitos, State of California, do ordain and establish this Charter as the organic law of the City under the Constitution of the State.
City of Los Alamitos, CA
CHARTER
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ARTICLE I
Name and Seal
§ 100. Name of the City.
The municipal corporation now existing and known as the City of Los Alamitos shall remain and continue a body politic and corporate in name and in fact, by the name of the City of Los Alamitos.
§ 101. Seal.
The City shall have an official seal which may be changed from time to time by ordinance. The present official seal shall continue to be the official seal of the City until changed in the manner slated.
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§ 100 CHARTER § 101
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ARTICLE II
Succession
§ 200. Rights and Liabilities.
The City of Los Alamitos shall remain vested with, and continue to have, hold and enjoy, all property, rights of property and rights of action of every nature and description now pertaining to this municipality, and is hereby declared to be the successor of the same. It shall be subject to all the obligations, debts, contracts and liabilities that now exist against this municipality. § 201. Ordinances.
All lawful ordinances, resolutions, rules and regulations, or portions thereof, in force at the time this Charter takes effect and not in conflict with or inconsistent herewith, are hereby continued in force until the same have been duly repealed, amended, changed or superseded by proper authority.
§ 202. Continuance of Contracts and Public Improvements.
All contracts entered into by the City, or for its benefit prior to the effective date of this Charter, shall continue in full force and effect. Public improvements for which proceedings have been instituted under laws existing at the time this Charter takes effect, at the discretion of the City Council, may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws or may be continued or perfected under this Charter. § 203. Pending Actions and Proceedings.
No action or proceeding, civil or criminal, pending at the time when this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or by anything here in contained, but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any officer, office, department or agency a party thereto, may be assigned or transferred by or under this Charter to another officer, office, department or agency, but in that event the same may be prosecuted or defended by the head of the office, department or agency to which such functions, powers and duties have been assigned or transferred by or under this Charter. § 204. Present Officers and Employees.
Each person who, at the time this Charter takes effect, holds an office of the City shall continue to hold the same office under this Charter for the term for which he/she was elected or appointed and until his/her successor is elected or appointed, and is qualified under this Charter. All employees of the City at the time this Charter takes effect shall continue to perform the duties of their respective employment subject to this Charter and ordinances, resolutions, orders, rules and regulations now existing or hereafter enacted. The rates of compensation of all officers and employees of the City in effect at the time this Charter takes effect shall remain in effect until lawfully changed.
§ 205. Emergency Powers.
Notwithstanding any general or special provision of this Charter, the Council, in order to insure continuity of governmental operations, in periods of emergency resulting from disasters of City of Los Alamitos, CA
§ 200 CHARTER § 205
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whatever nature, shall have the power and immediate duty:
§ 206. Effective Date of Charter.
This Charter shall take effect upon its approval by the Legislature. (a) To provide for prompt and temporary succession to the powers and duties of all City officers of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and
(b) To adopt such other measures as may be necessary and proper for insuring the continuity of City operations, including, but not limited to the financing thereof. In the exercise of the powers herein conferred, the City Council, in all respects, shall conform to the requirements of this Charter; except, that at such times they may make purchases and enter into contracts without calling for bids or giving notice therefore, to the extent the emergency requires such action.
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§ 205 LOS ALAMITOS CODE § 206
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ARTICLE III
Boundaries
§ 300. Boundaries.
The boundaries of the City of Los Alamitos shall be the boundaries at the time this Charter takes effect and as may be changed from time to time in the manner allowed by law.
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§ 300 CHARTER § 300
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ARTICLE IV
Powers of the City
§ 400. Powers.
The City shall have the right and power to make and enforce all laws and regulations in respect to municipal affairs, subject only to the restrictions and limitations provided in this Charter and in the Constitution of the State. Nothing in this Charter shall be construed to prevent or restrict the City from exercising or acting pursuant to, and the City is hereby authorized to exercise and act pursuant to, all rights, powers privileges and procedures heretofore or hereafter established, granted or prescribed by any law of the State or by other lawful authority, of which a municipal corporation might or could exercise, or act pursuant to, under said Constitution, unless the exercise thereof, or action pursuant to, is expressly prohibited by this Charter. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, the generality of the foregoing provisions of this section. § 401. Procedures.
The City shall have the power to and may act pursuant to any procedures established by this Charter, or, by State law where not in conflict with this Charter.
City of Los Alamitos, CA
§ 400 CHARTER § 401
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ARTICLE V
Elective Officers
§ 500. Elective Officers.
The elective officers of the City of Los Alamitos shall consist of a City Council of five (5) or seven (7) members as hereinafter provided.
§ 501. Eligibility.
To be eligible to hold the office of Councilmember the person must meet the requirements as set forth in the State law of the State of California, and, if the Council is divided into districts as hereinafter provided, he/she shall also be a resident and elector of the district within the City of Los Alamitos wherein he/she lives for a period thirty (30) days prior to the date his/her nomination papers are filed.
§ 501A. Election of Members; Term Limits.
(Passed by the voters as Measure E at the election of November 3, 1998) § 502. Vacancies.
A vacancy in the City Council from whatever cause arising shall be filled either by appointment of the City Council or by election. The City Council shall determine whether to fill a vacancy by election or by appointment; provided, however, if the City Council determines to fill a vacancy by appointment but fails to do so within sixty (60) days after the vacancy occurs, the Council shall forthwith cause an election to be held to fill the vacancy.
A person elected to fill a vacancy shall hold office for the entire unexpired term of the former incumbent.
A person appointed to fill a vacancy shall serve for the entire unexpired term of the former incumbent unless there remain two (2) years or more of said unexpired term on the date of appointment. In such case, the City Council shall decide by majority vote prior to such appointment whether the appointment shall be for the entire unexpired term or only until the next general municipal election. If the seat is filled by appointment only until the next general municipal election, then at said election the seat shall be filled by vote of the people.
If at said next general municipal election there are four (4) or more council seats to be filled, the three (3) persons each receiving the largest number of votes shall each serve a term of four (4) years while the person(s) elected to fill the remaining seat(s) shall serve for a term of two (2) years.
A. No person shall serve more than three (3) consecutive terms of office as a member of the City Council. For the purpose of this Section, a “term” shall include service on the Council for any period of seven hundred thirty-one (731) consecutive days or longer.
B. Any person who has served three (3) consecutive terms as a Member of the City Council shall not be eligible to serve again until the expiration of at least three hundred sixty-five (365) consecutive days after the end of such person’s last term of office.
C. The term limits established by this Section shall apply prospectively only to those terms of office which commence on or after November 3, 1998.
City of Los Alamitos, CA
§ 500 CHARTER § 502
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If a member of the City Council is absent from all regular meetings of the City Council for a period of sixty days consecutively from and after the last regular City Council meeting attended by such members, unless by permission of the City Council ex pressed in its official minutes or as provided in Section 1404, or is convicted of a crime involving moral turpitude, or ceases to be a qualified elector of his/her district, his/her office shall become vacant and shall be so declared by the City Council.
§ 503. Compensation.
As compensation for their services, the Councilmembers shall each receive compensation at the respective rates in effect at the time this Charter becomes effective; provided that these rates of compensation may be changed by the majority vote of the electors of the City voting for such change in accordance with the State law of the State of California. Provided further, that the respective rates may also be changed according to any other applicable provision of the State law of the State of California.
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§ 502 LOS ALAMITOS CODE § 503
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ARTICLE VI
The Council
§ 600. Powers.
All powers of the City shall be vested in the Council except as otherwise provided in this Charter. § 601. Composition.
The Council shall consist of five (5) Councilmembers as provided in this Charter, unless and until the Council is divided into districts or the Council is increased to seven (7) members, as herein provided, in which case the Council shall consist of seven (7) members. One (1) of the Councilmembers shall be Mayor. Each Councilmember, including the Mayor, shall have the right to vote on all questions coming before the Council. The Mayor shall be the presiding officer of the Council.
§ 602. Election of Mayor.
The Council shall elect one (1) of its members to act as Mayor. Said election shall be by roll call vote.
§ 603. Duties of the Mayor.
The Mayor, in addition to the powers and duties prescribed and allowed by the State law of the State of California and as prescribed elsewhere in this Charter, shall have the power and duty:
§ 604. Election of Mayor Pro Tempore.
The Council shall elect one of its members to act as Mayor Pro Tempore. Said election shall be by roll call vote.
§ 605. Duties of the Mayor Pro Tempore.
In the event of temporary absence or disability of the Mayor or during such period as a vacancy exists, the Mayor Pro Tempore shall preside at Council meetings, shall perform the other duties of the Mayor and perform such other duties as the Council may assign to him/her. § 606. Term of Mayor and Mayor Pro Tempore.
The Mayor and Mayor Pro Tempore shall serve at the pleasure of the Council; however, the position of Mayor and Mayor Pro Tempore shall be reviewed after each general election.
A. To report to the Council from time to time on the affairs of the City and to recommend for its consideration such matters as he/she may deem expedient.
B. To assume the primary but not the exclusive responsibility for interpreting to the people the policies, programs and needs of the City government and for informing the people of any major change in policy or program.
C. To exercise and perform such other powers and duties as may be delegated to or required of him/her by this Charter or by the Council if not inconsistent with the provisions of this Charter or the State of California.
City of Los Alamitos, CA
§ 600 CHARTER § 607
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§ 607. Meetings.
The Council shall hold regular meetings at such times as may be prescribed by ordinance or resolution and may adjourn or readjourn any regular meeting to a date and hour fixed in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. Special meetings may be held as provided by law. § 608. Place of Meeting.
All meetings of the Council shall be open to the public, and shall be held in the Council Chambers in the City Hall or in such place to which any such meeting may be adjourned; provided, that if by reason of fire, flood or other emergency it shall be unsafe or impractical to meet at the regular meeting place, the Council may for the duration of the emergency meet at some other place designated in writing by the Mayor, or if he/she fails to act, by a majority of the Council.
§ 609. Proceedings and Quorum.
A majority of the then members of the Council shall constitute a quorum for the transaction of business at any meeting, but a lesser number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as the Council may by ordinance prescribe. In the event all members of the Council are absent from any meeting, the City Clerk may declare the same adjourned to a stated day and hour in the manner provided by law. The Council shall judge all returns of City elections. It shall establish rules for the conduct of its proceedings and may evict any member or any other person for disorderly conduct at any meeting and may prosecute any member or other person for such conduct.
Each member of the Council and the City Clerk shall have the power to administer oaths and affirmations in any investigation or proceedings pending before the Council. The Council shall have the power to issue subpoenas, to compel by subpoena the attendance of witnesses and the production of documents and other evidence, to examine witnesses under oath and to take and hear evidence, in relation to any matter pending before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. Disobedience of any subpoena or the refusal to testify upon other than legal grounds shall constitute a misdemeanor and shall be punishable in the same manner as violations of this Charter are punishable.
No action for the payment of money shall be taken at other than a regular or adjourned regular meeting.
The City Clerk shall call the roll and cause the ayes and noes to be entered in the minutes upon demand of any member or in the case of any action for the adoption of an ordinance, the payment of any money, the incurring of any debts, the appointment or removal of any officer, the granting of any franchise, the disposing of or leasing of City property, and the ordering or confirmation of any assessment for public improvements.
§ 610. Citizen Participation.
At each meeting the Council shall, if requested, grant any person, personally or through Counsel, reasonable opportunity to present grievances or offer suggestions for the betterment of City affairs, subject to such rules for orderly procedure as the Council or its Presiding Officer may prescribe.
City of Los Alamitos, CA
§ 607 LOS ALAMITOS CODE § 611
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§ 611. Ordinances and Resolutions.
The enacting clause of ordinances adopted by the Council shall be substantially as follows: “The City Council of the City of Los Alamitos does ordain as follows:” All ordinances and resolutions shall be signed by the Mayor or in his/her absence the Mayor Pro Tempore, and attested by the City Clerk or in his/her absence, the Deputy City Clerk.
The adoption of ordinances and resolutions, the publication of ordinances and resolutions, the effective date of ordinances and resolutions, including urgency ordinances shall be governed by the State law of the State of California.
§ 612. Codification of Ordinances.
Any or all ordinances of the City which have been adopted and published in the manner required at the time of their adoption may at any time be compiled, consolidated, and rearranged as an Ordinance Code, and such Code may be adopted by reference, with the same effect as an ordinance, by the adoption of an ordinance for that purpose. Such Code need not be published in the manner prescribed for other ordinances, but not less than three (3) copies thereof shall be on file in the office of the City Clerk, for the use and examination of the public, for at least ten (10) days prior to the adoption of such Code. Ordinances or portions of ordinances so codified shall be deemed repealed as of the effective date of such Code. Following the adoption of such Code, amendments to the Code shall be adopted and published as ordinances. The codification of some ordinances pursuant to this section shall not prevent the later codification of other ordinances in the same manner.
Detailed regulations pertaining to any subject such as the construction of buildings, plumbing, wiring or other subjects which require extensive regulations, when arranged as a comprehensive code, may likewise be adopted by reference in the manner provided in this section. Maps, charts, diagrams and similar material pertaining to or a part of any ordinance may also be adopted by reference in the same manner.
City of Los Alamitos, CA
§ 611 CHARTER § 612
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ARTICLE VII
City Manager
§ 700. City Manager.
There shall be a City Manager who shall be the Chief Administrative Officer of the City. He/ she shall be appointed by the affirmative vote of a least a majority of the members of the City Council and shall serve at the pleasure of the City Council; provided, however, that he/she shall not be removed from office except as provided in this Charter. He/she shall be chosen on the basis of his/her executive and administrative qualifications, with special reference to his/her actual experience in, and his/her knowledge of accepted practice in respect to the duties of his/ her office as herein set forth.
§ 701. Residence.
The City Manager shall establish such residence as the City Council may require pursuant to ordinance or resolution.
§ 702. Eligibility.
No person shall be eligible to receive appointment as City Manager while serving as a member of the City Council nor within one (1) year after he/she has ceased to be a member of the City Council.
§ 703. Compensation and Bond.
The City Manager shall be paid a salary commensurate with his/her responsibilities as Chief Administrative officer of the City, which salary shall be established by ordinance or resolution.
The City Manager shall furnish a corporate surety bond conditioned upon the faithful performance of his/her duties in such form and in such amount as may be determined by the City Council.
§ 704. Powers and Duties.
The City Manager shall be the administrative head of the City government, and he/she shall be responsible to the City Council for the proper administration of all affairs of the City, and shall be given such powers and duties as the Council may from time to time provide by ordinance. § 705. Meetings.
The City Manager shall be accorded a seat at all meetings of the City Council and of all Boards and Commissions and shall be entitled to participate in their deliberations, but shall not have a vote. He/she shall receive notice of all special meetings of the City Council, and of all Boards and Commissions.
§ 706. Acting City Manager.
The City Manager may appoint an Acting City Manager to act in his/her behalf during his/her absence. Any such appointment by the City Manager shall be with the approval of the City Council; said approval to be given at the next meeting. If the position of City Manager becomes vacant or the City Manager is absent or is incapacitated to such an extent he/she cannot perform City of Los Alamitos, CA
§ 700 CHARTER § 706
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his/her duties, then the council may appoint an Acting City Manager until the position of City Manager is filled.
§ 707. Removal.
The City Manager shall not be removed from office during or within a period of ninety (90) days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Manager may be removed at a regular meeting of the City Council and upon the affirmative votes of a majority of the members of the City Council. At least thirty (30) days prior to the effective date of his/her removal, the City Manager shall be furnished with a written notice stating the Council’s intention to remove him/her and the reasons therefor. Within seven (7) days after receipt of such notice, the City Manager may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty (30) day period above referred to. The City Manager shall appear and be heard at such hearing. After furnishing the City Manager with written notice of his/her intended removal, the City Council may suspend him/her from duty, but his/her compensation shall continue for sixty (60) days. In removing the City Manager, the City Council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Council and the City Manager to present to each other and to the public all pertinent facts prior to the final action of removal. § 708. Noninterference with Administrative Service.
Except as otherwise provided in this Charter, no individual member of the Council shall interfere with the execution by the City Manager of his/her powers and duties, or order, directly or indirectly, the appointment by the City Manager, or by any of the department heads in the administrative service of the City, of any person to any office or employment, or his/her removal therefrom. Except for the purpose of inquiry, or report, the City Council and its members shall deal with the administrative service solely through the City Manager, and neither the City Council nor any member thereof shall give orders to any subordinate of the City Manager, either publicly or privately. This section shall not apply to any officer appointed by the City Council or the members of his/her department.
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§ 706 CHARTER § 708
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ARTICLE VIII
Other Officers, Departments and Employees and Provisions Relating to Officers Generally
§ 800. Officers.
The other officers of the City of Los Alamitos shall be a City Clerk, a City Treasurer, a City Attorney and a City Manager. The City Manager shall be appointed by the City Council and have the powers and duties as set forth in this Charter. The City Clerk and City Treasurer shall be appointed by the City Council and subject to the rights, powers and duties as set forth in this Charter. The City Attorney shall be appointed by the City Council and serve at their pleasure. § 801. Administrative Departments.
The City Council may provide by ordinance not inconsistent with this Charter, for the organization, conduct and operation of the several offices and departments of the City as established by this Charter, and for the creation of additional departments, divisions, offices, and agencies and for their consolidation, alteration or abolition. Each new department created by the City Council shall be headed by a department head.
The City Council, by ordinance or resolution, may assign additional functions or duties to officers, departments or agencies not inconsistent with this Charter. Where the positions are not incompatible, the City Council may combine in one person the powers and duties of two or more offices created or authorized by this Charter. The City Council shall provide for the number, titles, qualifications, powers, duties and compensation of all officers and employees. § 802. City Clerk, Powers and Duties.
The City Clerk shall have the power, and be required to perform the functions and responsibilities that the City Council may from time to time determine by ordinance or resolution.
§ 803. Treasurer.
The City Treasurer shall have the power, and be required to perform the functions and responsibilities that the City Council may from time to time determine by ordinance or resolution.
§ 804. City Attorney, Powers and Duties.
To become eligible for City Attorney, or Assistant City Attorney, the person appointed shall be an attorney at law, duly licensed as such under the laws of the State of California and shall have engaged in the practice of local government law for at least three (3) years prior to his/ her appointment. The City Attorney shall have power and be required to perform the duties and responsibilities as the City Council may from time to time determine by ordinance or resolution.
City of Los Alamitos, CA
§ 800 CHARTER § 804
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ARTICLE IX
Election of Councilmembers and Council Districts
§ 900. Election under Existing Law.
The City Councilmembers of the City of Los Alamitos shall, until the City of Los Alamitos is divided into districts as herein set forth, be elected at large under the then existing and applicable laws of the State of California.
§ 901. Division into Districts.
The City of Los Alamitos shall upon reaching an area of five (5) square miles or more, and eighteen thousand (18,000) population or more, divide itself into seven (7) Council manic Districts as provided in this Charter.
§ 902. Composition of Districts.
The City Council by ordinance, after the completion of the requirements as set forth in Section 901 of Article IX of this Charter, shall divide the City into seven (7) Council Districts to be effective before and after the next general municipal election. Said division shall not be changed for at least a period of two (2) years after the effective date of the ordinance so dividing the City into districts. The division of the district shall be based upon the following factors:
§ 903. Redefining of Districts.
The City shall, when necessary to comply with the requirements herein stated for Council Districts, redefine and establish said districts so as to comply with said requirements. At least every five (5) years the City Council shall review said districts to determine whether or not they comply with said requirements. No redistricting shall be required within three (3) years after the last districting.
§ 904. Election of Councilmembers.
If the requirements of Section 901 of Article IX have been fulfilled and there still remains more than one (1) year before the next general municipal election, the City Council shall, as soon as practicable, call a special election and elect two (2) Councilmembers (thereby increasing the Council to seven (7) members) at large from any area annexed after July 1, 1966 and the effective date of this Charter, whose terms shall be until the next general election.
At the next general municipal election, following the effective date of this Charter and each fourth (4th) year thereafter, there shall be elected to the City Council for a term of four (4) years, one (1) member each from districts 1, 3, 5 and 7 and at the general election held in 1970 and each fourth year thereafter there shall be elected to the City Council for a term of four (4) years, one (1) member each from districts 2, 4 and 6. In the original districting ordinance required by Section 902 of Article IX, the residency of the present Councilmembers whose terms expire in 1970, shall be included in districts 2, 4 and 6 respectively.
A. The major requirement is that the population of the districts shall be as nearly equalized as possible.
B. The districts shall be as nearly compact in shape as possible.
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§ 900 CHARTER § 905
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§ 905. Voting for Councilmembers.
Upon completion of the requirements of Section 901 of Article IX, each Councilmember shall be elected by the City at large and the candidate from each district receiving the highest number of votes from the City at large shall be elected to the City Council and represent his/her district upon qualifying in all other respects under the provisions of this Charter and the law of the State of California.
§ 906. General Municipal Elections.
The provisions of the law of the State of California applicable to General Law Cities, as such laws now exist and as they may hereafter be amended or superseded, shall in all respects govern elections in the City.
(Adopted by Vote of the People 4/12/88 )
§ 907. Electors Signing Petitions.
The electors signing any petition for the nomination of any person to the office of Councilmember shall be residents of the district from which such person is to be nominated or has been elected. Only the names of electors who are residents of such district shall be counted in determining the sufficiency of any such petition.
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§ 905 LOS ALAMITOS CODE § 907
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ARTICLE X
Appointive Boards and Commissions
§ 1000. In General.
The City Council may create by ordinance such Boards or Commissions as in its judgment are required and may grant to them such powers and duties as are consistent with the provisions of this Charter.
§ 1001. Present Existing Boards and Commissions.
All Boards and Commissions now existing and duly authorized in the City of Los Alamitos and the members thereof, shall continue until the normal expiration of their term or according to the ordinances or actions of the Council creating such Boards and Commissions or the appointment thereof.
§ 1002. Appropriations.
The City Council shall include in its annual budget such appropriation of funds as in its opinion shall be sufficient for the efficient and proper functioning of such Boards and Commissions. § 1003. Appointments. Terms.
The number of members to comprise such Boards and Commissions shall be specified by ordinance if not specified by this Charter. The members of each of such Boards or Commissions shall be appointed and shall be subject to removal, by motion of the City Council adopted by a majority vote. The members thereof shall be appointed from the qualified electors of the City, none of whom shall hold any paid office or employment in the City government and shall serve until their respective successors are appointed and qualified. § 1004. Composition of Boards and Commissions.
All Boards and Commissions shall be organized and conducted pursuant to the terms creating them. In the event that the ordinance establishing such Boards and Commissions does not specify the manner, the time of meetings and the composition thereof, said Boards and Commissions shall be organized and run according to acceptable and general standards then existing for similar Boards and Commissions and according to State law of the State of California. § 1005. Compensation. Vacancies.
The members of Boards and Commissions shall serve without compensation for their services as such but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the City Council.
Any vacancies in any Board or Commission, from whatever cause arising, shall be filled by appointment by the City Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. If a member of a Board or Commission is absent from three (3) consecutive meetings of such Board or Commission, unless by permission of such Board or Commission expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a qualified elector of the City, his/her office shall become vacant and shall be so declared by the City Council.
City of Los Alamitos, CA
§ 1000 CHARTER § 1005
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ARTICLE XI
Retirement
§ 1100. Retirement.
The City Council by appropriate action may make provisions for a retirement program. § 1101. Vote by Employees.
Any program established by the City Council shall be voted upon and agreeable to a majority of the City employees who will be affected by the retirement program.
City of Los Alamitos, CA
§ 1100 CHARTER § 1101
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ARTICLE XII
Fiscal Administration
§ 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.
§ 1201. Annual Budget. Preparation by the City Manager.
At such date as he/she shall determine, the City Manager shall obtain from each department head estimates of revenue and expenditures for his/her department, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget, the City Manager shall review the estimates, hold conferences thereon with the respective department heads and may revise the estimates as he/she may deem advisable.
§ 1202. Budget. Submission to City Council.
At least thirty-five (35) days prior to the beginning of each fiscal year, the City Manager shall submit to the City Council the proposed budget as prepared by him/her. After reviewing the same and making such revisions as it may deem advisable, the City Council shall determine the time for the holding of a public hearing thereon and shall cause to be published a notice thereof not less than ten (10) days prior to said hearing, by at least one insertion in a newspaper of general circulation within the City. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten (10) days prior to said hearing. § 1203. Budget. Public Hearing.
At the time so advertised or any time to which such public hearing shall from time to time be adjourned, the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity. § 1204. Budget. Adoption.
After the conclusion of the public hearing the City Council shall make any revisions of the proposed budget that it may deem advisable and shall adopt the budget. A copy thereof, certified by the City Clerk, shall be filed with the person retained by the City Council to perform auditing functions for the Council and a further copy shall be placed, and shall remain on file, in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City.
§ 1205. Budget Appropriations.
From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies.
All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or encumbered.
At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by a majority vote so as to authorize the transfer of unused balances City of Los Alamitos, CA
§ 1200 CHARTER § 1205
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appropriated for one department to another department or to appropriate available funds not included in the budget or to cancel any appropriation not expended or encumbered.
The City Manager is authorized to make budgetary revisions among departmental appropriations. The City Manager is fully authorized to transfer monies and to expend monies and/or all funds, for departments and activities as he/she may determine necessary to insure the proper operation and control of City business; except, that no such transfers shall be made in contravention to State law or City ordinances or exceed the total amount appropriated for each department or as amended by the City Council.
§ 1206. Contracts on Public Works.
Every project involving an expenditure of more than Ten Thousand (10,000) Dollars for the construction or improvement of public buildings, works, streets, drains, sewers, utilities, parks or playgrounds shall be let by the City Council by contract to the lowest responsible bidder after notice by publication in the official newspaper by one (1) or more insertions, the first of which shall be at least ten (10) days before the time for opening bids. Projects for the construction, resurfacing, maintenance or repair of streets, drains or sewers are excepted from the requirements of this paragraph, and the bidding requirements of the State of California, if such work is performed by a City or County of Orange Department.
All bids must be accompanied by either a certified or cashier’s check, or a bidder’s bond executed by a corporate surety authorized to engage in such business in California, made payable to the City. Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified, then in an amount not less than ten (10) percent of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract within the time specified in the notice inviting bids or in the specifications referred to herein, the amount of the bidder’s security shall be declared forfeited to the City and shall be collected and paid into its general fund and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund.
The City Council may reject any and all bids presented and may advertise at its discretion.
The City Council, after rejecting bids, or if no bids are received, may declare and determine that in its opinion, based on estimates approved by the City Manager, the work in question may be purchased more economically on the open market, and after the adoption of a resolution to this effect by a majority vote of the Council, the Council may proceed to have said work done in the manner stated, without further observance of the provisions of this section. Such contracts likewise may be let without advertising for bids, if such work shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by resolution passed by an absolute majority of the Council and containing a declaration of the facts constituting such urgency.
§ 1207. Taxation.
This City shall have the power and be subject to the same limitations with respect to taxation as a general law City of California.
§ 1208. Disbursement of Funds.
The City Manager shall have the power and the duty to supervise, and be responsible for, the City of Los Alamitos, CA
§ 1205 LOS ALAMITOS CODE § 1208
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disbursement of all monies and of all expenditures to insure that budget appropriations are not exceeded; audit all purchase orders before issuance; audit and approve before payment, all bills, invoices, payrolls, demands or charges against the City government; with the advice of the City Attorney when necessary, determines the regularity, legality and correctness of such claims, demands or charges; and draw warrants upon the City Treasurer for all claims and demands audited and approved as provided in this Charter, specifying the purpose for which drawn and the fund from which payment is to be made.
§ 1209. Claims and Demands. Applicability of State Procedure.
Procedures prescribed by the State Legislature governing the presentation, consideration and enforcement of claims against chartered cities or against officers, agents and employees thereof shall apply to the presentation, consideration and enforcement of claims against the City. § 1210. Demands Against the City.
All other demands against the City must be in writing and may be in the form of a bill, invoice, payroll, or formal demand. Each such demand shall be presented to the City Manager within one hundred (100) days after the last item of the account or claim accrued. The City Manager shall examine the same. If the amount thereof is legally due and there remains on his/her books an unexhausted balance of an appropriation against which the same may be charged, he/she shall approve such demand and draw his/her warrant on the City Treasurer therefor, payable out of the proper fund; otherwise he/she shall reject it. Objections of the City Manager may be overruled by the City Council and the warrant ordered drawn. Any person dissatisfied with the refusal of the City Manager to approve any demand, in whole or in part, may present the same to the City Council, which after examining the matter, may approve or reject a demand in whole or in part.
If a demand is one for an item not included within an approved budget appropriation, it shall require the approval of the City Council, following the adoption by it of an amendment to the budget authorizing such payment.
§ 1211. Requirement of Council Approval.
Notwithstanding anything contained in this Charter to the contrary, the City Manager shall not approve any claim nor pay any demand without the prior approval of the majority of the City Council voting by roll call vote at a regular meeting of the City Council.
City of Los Alamitos, CA
§ 1208 CHARTER § 1211
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ARTICLE XIII
Initiative, Referendum and Recall
§ 1300. In General.
The powers of the initiative and referendum and of the recall of elected City Officers are hereby reserved to the electors of the City. The provisions of the Elections Code of the State of California, as the same now exist or may hereafter be amended or superseded, governing the exercise of the power of recall of municipal officers, shall apply to the exercise of those powers in the City insofar as such provisions are not in conflict with the provisions of the Charter.
City of Los Alamitos, CA
§ 1300 CHARTER § 1300
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ARTICLE XIV
Definitions and Miscellaneous
§ 1400. Definitions.
Unless the provision of the context requires otherwise, the following terms as used in this Charter shall have the following meaning:
“Shall” is mandatory and “may” is permissive.
“City” is the City of Los Alamitos and “office,” “department,” “board,” “Commission,” “Officer,” “department head,” or “employee” is an office, department, board, commission, officer, department head or employee, as the case may be, of the City of Los Alamitos. “County” is the County of Orange.
“State” is the State of California.
§ 1401. Violations.
The violation of any provision of this Charter or of any ordinance of the City shall constitute a misdemeanor, and may be prosecuted in the name of the People of the State of California or may be redressed by civil action. Any such violation shall upon conviction be punishable by a fine of not exceeding five hundred (500) dollars or by imprisonment for a term of not exceeding six months or by both such fine and imprisonment.
§ 1402. Severability.
If any provision of this Charter or the application thereof to any person or circumstances is held invalid, the remainder of the Charter and the application of such provision to other persons or circumstances shall not be affected thereby.
§ 1403. Headings.
The headings given in this Charter to articles and sections thereof shall not affect the scope, meaning or intent of the provisions of this Charter.
§ 1404. Absence from the State.
Any Councilmember may leave the state for a period not exceeding sixty (60) days without permission of the City Council upon filing.
§ 1405. Publication.
Notwithstanding any provisions of the law of the State of California or provisions of this Charter, if the City Council determines by motion that the required publication of any ordinance or resolution would jeopardize the health, safety or welfare of the citizens of the City of Los Alamitos and that time does not permit the publication due to the lack of a daily newspaper being published and circulated within the City of Los Alamitos then such ordinance or resolution shall be posted in three (3) public places within the City of Los Alamitos designed by the City Council and also posted on or near the door of the Council Chambers.
City of Los Alamitos, CA
§ 1400 CHARTER § 1406
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§ 1406. Nepotism.
The Council shall not appoint any person to any salaried position in the City government who is a relative by blood or marriage within the second degree of any member of the Council, nor shall the City Manager nor any officer or department head appoint any relative of his/hers within such degree to any such position.
§ 1407. Official Bonds.
The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds.
All bonds shall be executed by 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.
There shall be no personal liability upon, or any right to recover against, a superior officer, or his/ her bond, for any wrongful act or omission of his/her subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission. § 1408. Illegal Interest in Contracts.
No member of the Council or other officer or department head of the City shall have any financial interest in any contract, sale or transaction to which the City is a party if having such interest constitutes a violation of the State law pertaining to interest in contracts. Any such person having any such prohibited interest shall be guilty of a misdemeanor, and upon conviction thereof, in addition to such penalties as may be imposed by the court, such person shall forfeit his/her office. Any contract, sale or transaction in which there shall be any such prohibited interest shall become void at the election of the City when so declared by resolution of the Council.
§ 1409. Combination of Offices and Departments.
Where the positions are not in fact incompatible, the Council may, subject always to the restrictions of this Charter, combine under one officer or person the powers and duties of two or more offices or departments created or authorized by this Charter. § 1410. Oaths.
The City Clerk shall be responsible for administering all oaths as required by the State law, this Charter or ordinance.
§ 1411. Validity.
If any provision of this 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.
City of Los Alamitos, CA
§ 1406 LOS ALAMITOS CODE § 1411
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RESOLUTION NO. 1687
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 3, 1998, FOR THE SUBMISSION OF
PROPOSED CHARTER AMENDMENT
WHEREAS, pursuant to authority provided by Article XI of the Constitution, Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 commencing at ~ 9255) of the Elections Code of the State of California, the City Council of the City of Los Alamitos desires to submit to the voters proposed Charter amendment relating to Term Limits for members of the City Council; and
WHEREAS, the City Council is authorized and directed by statute to submit the proposed Charter amendment to the voters;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Article XI of the Constitution, Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 ( commencing at 9255) of the Elections Code of the State of California, there is called and ordered to be held in the City of Los Alamitos, California, on Tuesday, November 3, 1998, a General ~ I~nicipal Election for the purpose of submitting the following proposed charter amendment:
Shall the Charter of the City of Los Alamitos be amended to add : l Section 50lA imposing a limit of three consecutive four year terms on Members of the City Council?" Yes
No
SECTION 2. That the text of the charter amendment submitted to the voters is attached as Exhibit A.
1687 - 1
SECTION 3. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all officinal ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 5. That the polls shall be open at seven o' clock a. m. of the day of the election and shall remain open continuously from that time until eight o' clock p. m. of the same day when the polls shall be closed, except as provided in ~ 14401 of the Elections Code of the State of California.
SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 7. That 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.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED on July 20, 1998.
ATIEST:
iW!{/J~
Cit; Clerk of :;;; rtybf Los Alamitos
1687-2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS )
I, Robert Dominguez, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 20th day of July, 1998, by the following vote:
AYES: COUNCILMEMBERS: Bates, Jempsa, Sylvia, Wahlstrom
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS: Poe
J /?:
IV ,/
t~;/ (/ '
1:"'
1 i '
j/ \
City Clerk 7
1687- 3
EXHIBIT A
Section 501A of the Charter of the City of Los Alamitos is hereby amended to add the following:
501A. Election of Members; Term Limits.
No person shall serve more than three ( 3) consecutive terms of office as a member of the City Council. For the purpose of this Section, a " term" shall include service on the Council for any period of seven hundred thirty- one ( 731) consecutive days or longer.
Any person who has served three ( 3) consecutive terms as a Member of the City Council shall not be eligible to serve again until the expiration of at least three hundred sixty- five ( 365) consecutive days after the end of such person' s last term of office.
C. The term limits established by this Section shall apply prospectively only to those terms of office which commence on or after November 3, 1998."
RESOLUTION NO. 1223
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 12, 1988 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE CALIFORNIA RELATING TO STATE OF CHARTER CITIES AND FOR THE SUBMISSION TO THE VOTERS RELATING TO AN INCREASE QUESTIONS IN THE RATE OF THE BUSINESS LICENSE TAX AND THE ADOPTION OF THE STATE LAW TO CONFORM ELECTIONS IN THE CITY.
WHEREAS, under the provisions of the laws relating to Charter cities in the State of California, a General Municipal Election shall be held on April 12, 1988, for the election of Municipal Officers; and
WHEREAS, the City Council of the City of Los resolve, declare and determine as follows: Alamitos, does SECTION 1. That pursuant to the requirements the State of California relating to Charter called and Tuesday, April
ordered
12, 1988,
to be held in the City of
a General Municipal purpose of electing two Members of the City full term of four years.
SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the Voters at the General Municipal Election the following questions:
of the laws of
cities there is
Los Alamitos, on
Election for the
Council for the
MEASURE A - Increase Business Sha t e License Tax rates of business tax and the' transfer and duplicate license fees imposed on business, trades and professions by Chapter 11 YES
of the COde of the City of Los Alamitos be increased by an amount equal to fifty percent 50%) of the current rates for the Fiscal Year,
I
1988- 89; by an amount equal to fifty percent'
50%) of the Fiscal Year 1988- 89 rates for the NO
Fiscal Year 1989- 90 and in an amount equal to
five percent ( 5%) of the previous year' s
rates
I
for each subsequent year thereafter?
I
I SECTION 3. That the proposed Measure A
submitted to the Voters
is attached as Exhibit A.
Resolution 1223
MEASURE B - Proposed Charter Amendment
Sha ect~ ons and 9 of the Charter of
the City of Los Alamitos dealing with
elections be repealed and shall Section 906 be YES
added to the Charter of the City of Los;
Alamitos to read as follows: " The provisions;
of the law of the State of California'
applicable to General Law Cities, as such laws;
now exist and as they may hereafter be amended NO
or superseded, shall in all respects govern,
elections in the City." ( This would enable the,
City to change the election dates.) ;
u__ ,..."
l .. -
SECTION 4.. That the proposed Measure B submitteq to the voters is attached as Exhibit B.
SECTION 5. That the ballots to be used at the election shall be inform and content as required by law.
SECTION 6.. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 7~ That the polls for the election shall be open at seven o' clock a. m. of the day of the election and shall remain open continuously from that time until eight o' clock p. m. of the same day when the polls shall be closed except as provided in Section 14301 of the Elections Code of the State of California.
SECTION 8: That in all particulars not recited in this
resolution, the election shall be held and conducted as provided by law ror holding municipal elections.
SECTION ' 9. That 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.
SECTION 10. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED ON December 14, 1987.
ATTEST:
Mayor Pro"
Reso. 1223
Cit
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS)
I, Michael A. Graziano, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Resolution was regularly adopted duly and by the City Council of the City of Los Alamitos on December l4, 1987, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Sylvia, Jempsa, Wahlstrom
None
Bernal, Selvaggi
c.'-"7 ~:
p
p"- -
Res. 1223
EXHIBIT A
Res. 1223
The
to be
proposed
submitted
amendment
to the
to the Business License Tax , Ordinance voters shall be as follows:
SECTION 1
Alamitos is
Section 11- 15 of the Code of the City of Los hereby amended by adding Section ( read as follows: j) thereto to increase for
The rates of tax set forth in this Section shall the fiscal year 1988/ 89 for the by fifty percent ( 50%); fiscal year 1989/ 90 by fifty percent ( 50%) previous year and from the by five percent ( 5%) year in each Successive
from the previous
year thereafter."
SECTION 2
Section 11- 18 is hereby amended by adding the following thereto:
The duplicate license fee shall increase for imposed in this Section the fiscal year 1988/ 89 50%); for the by fifty percent fiscal from the
year 1989/ 90 by fifty percent ( 50%) previous year and by five percent ( 5%) previous from the year in each successive year thereafter." SECTION 3
Section 11- 19 is hereby amended by adding the following thereto:
The transfer tax and change of imposed in this location fee Section shall increase for the fiscal year 1988/ 89 by fifty percent ( 50%); for the fiscal by fifty percent ( year 1989/ 90 50%) percent ( 5%) from the
from the previous year and by five
thereafter." previous year in each successive year
1-
Res. 1223
EXHIBIT A
Res. J-223
The proposed amendment to the Business License Tax Ordinance to be submitted to the voters shall be as follows:
SECTION 1
3 Section 11- 15 of the Code of the City of Los
Alamitos is hereby amended by adding section ( j) thereto to read as follows:
The rates of tax set forth in this Section shall
increase for the fiscal year 1988/ 89 by fifty percent ( 50%); for the fiscal year 1989/ 90 by fifty percent ( 50%) from the previous year and by five percent ( 5%) from the previous year in each successive year thereafte~.~
SECTION 2
Section 11- 18 is hereby amended by adding the
following thereto:
The duplicate license fee imposed in this Section
shall increase for the fiscal year 1988/ 89 by fifty percent 50%); for the fiscal year 1989/ 90 by fifty percent ( 50%) from the previous year and by five percent ( 5%) from the previous year in each successive year thereafter."
SECTION 3
Section 11- 19 is hereby amended by adding the
following thereto:
The transfer tax and change of location fee
imposed in this Section shall increase for the fiscal year 1988/ 89 by fifty percent ( 50%); for the fiscal year 1989/ 90 by fifty percent ( 50%) from the previous year and by five percent ( 5%) from the previous year in each successive year thereafter."
2- Res. 1223
EXHIBITB
Res. 1223
The proposed amendment to the Charter of the City of Los Alamitos to be submitted to the voters shall be as follows: ( underlined and deletions are additions struck out):
SEStI9N--~~--- SENERAb-~~~ FAk_~~~____~_~~~~~_ efffee~ ef s;-~~-~~&- ef- Ehe- Bea~e- ef- EeaeaEfeRT_ aRe_ fe~_saefi eEae~-~~~&- Efie-~~~~~~- ffiay- p~ eSe~ feeT_ Sfiall_ ee_hele fR-~~~~~~- eR- Ehe- seeeRe-; yea~ aeseaY- fR- AP~ fl_iR_eaefi_ eveR_ Raffiee~ ee T---~- ff~SE-~~ r&~- ffiaRieiPal-~~~~~~~_ ee_ hele eR- Eee- seeeR6-~~ esaaY-~ R- A~ F~ t_1ge8~ respeeES--~~-~~~~~-~
SE sn 9N -~. - - - EI:. EStI9N - -uNDER- - s.1',A.~ - I:.AW T - - E lee HeRS _ ill _ all- eEhe~ FeViaee--~ r_~~_Eeis_~~~~__~&~~_ geveFRea- 8Y- tae- State- taw- ef- 8e the- State_ ef_ba~ ifeFR~ a~ SECTION 906. ELECTIONS UNDER STATE LAW: The provisions of the law of the State of California a licable to General Law Cities, as such laws now exist and as superseded, shall in all
they may hereafter be amended or respects govern elections in the City.
Res. l223
RESOLUTIO~ NO. 954
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LOS ALAMITOS, CALIFORNIA, CALLING AND GIVING NOTICE
OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID
CITY ON TUESDAY, NOVEMBER 4, 1980, FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY PROPOSED CHARTER AMENDMENTS.
lliEREAS, pursuant to authority provided by Article XI of the Constitution and Title 4, Division 2, Chapter 3 of the Government Code of the State of California, the City Council of the City of Los Alamitos desires to submit to the electors of said city proposed charter amendments; and WHEREAS, the City Council of said city is thereupon authorized and directed by statute to submit the proposed Charter Amendments to the qualified voters;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS A~ lITOS, CALIFORNIA. DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
I. That pursuant to Article XI of the Constitution and Title 4, Division 2. Chapter 3 of the Government Code of the State of California, there shall be, and there is hereby called and ordered held in the City of Los Alamitos, County of Orange, State of California, on Tuesday, November 4, 1980, a Special Municipal Election of the qualified electors of said City.
II. The proposed amendments to the Charter of said City to be submitted to the voters shall be as follows ( additions are underlined and deletions are crossed out):
SECTION A
Section 501. ELIGIBILITY: To be eligible to hold the
office of councilman, the person must meet the requirements as set forth in the state law of the State of California, and, if the Council is divided into districts as hereinafter provided, he shall also be a resident and elector of the district within the City of Los Alamitos wherein he lives for a period of Sl:X- HleRERs ' thi'rtj( 30) days prior to the date his nomination papers are filed; and
Section 602. ELECTION OF ~~ YOR: The council shall
elect one of its members to act as Mayor. Said election shall be by roll call vote. er,- if-eeEermiRe8- BY~ ERe- majerity- ef ERe- be~ Rel:l-EReR-~ reseRE,- a- seereE- BalleE; and
Section 604. ELECTION OF MAYOR PRO TEMPORE: The council shall elect one of its members to act as Mayor Pro Tempore.
Said election shall be by roll call vote. eF- if-eeEeFffil:Ree BY_ tRe- Eaje= ity- ef- tRe- betlReil- EReR-~ reseRE)- a- seereE- Ballet; and
BE~~~--~ Re- bitY- beBReil- ef
tRe_ Gity- ef- bes- Alamites- may- at- its- p~ eFegative- hela- stHey sessieRs-{ waieh- shall- Ret- eeRstitBte- a- meetiRg- withiR- the Ralph_ M7_ BFeYNR- Aet}- te- Feview- the- werk- te- Be- perfeFffiea- BY tRe_ GeBReil- aRa- te- 8e- ke~ t- iRfeFmee7-- Ne- aetieR- shall- Be takeR- ey- tae- Gity- GeBReil- wiEaiR- the- meaRiRg- ef- saia- Aet at~a- StBay- sessieR7-- BefeFe- helaiRg- a- stBay- sessieR,- the GeBReil- sRall~
1-
Res. 954
a}-- Eit:her- aRRe~ Ree- Ehe- t:ime,- aate- aRe- plaee- aE~ aR e~ eR- meet:iRg- ef- t:he- Ge~ Reil-;-
b}-- Qr- pest- ReEiee- iR- t:hree-{ 3}- aesigRat:ee- plaees- iR t:he- bit: y-;-
e}~~ Qr- pHblish- Ret:iee- iR- a- Rews~ aper- ef- geReral eire~lat:ieR- iR- Ehe- GiEy-;-- aRa .
a}-- Pest:~s~ eh- ReEiee- eR- t:he- aeer- ef- the- betlReil ehambers-;-
A- st:~ay~ sessieR- shall- Be- epeR- t:e- t:he- pHBlie";" he- ferm- ef- Ret:iee- aRd- t:he- Reeessary- t:ime- ealliRg- fer a- st:~ay- sessieR- shall- eeRferm- t:e- the- r~les- aRe- regHlat:ieRs- Reeessary- fer- ealliRg- a- speeial- ffleet:iRg- ef- Ehe- Git:y Ge~ Reil- as- preserieea- BY- the- SEaEe- law- ef- the- 8tate- ef GaliferRia; and
Section 701. RESI~ ENCE: ~ he- bity- MaRager- Reea~ Ret ee- a~ resideRt:-~ f- Ehe- Git:y- aE- t:he- time- ef- his- appeiRt:meRt, eHt:-Re- shall- establish- his~resieeRee- withiR- the- Git:y wi thiR- RiRetY- days - afEer-.his - aJ"ipeiR EmeRt,. - tlRless - sHeh periea- is- exEeReea- ey- t:he- Git:y- GeHReil- aRe- thereafter- maiRtaiR- Ris- resiaeRee~ witRiR- the- Gity- aHriRg- his- t:eR~ re- ef effiee7 The City Manage~ shall establish such residency as the Cit, Council ma re uire ursuant ' to ordinance or reso ution.
The foregoing proposal hereby submitted shall appear
upon the ballots for said Municipal Election in the
following form:
Shall Section 501 of the Charter of the
City of Los Alamitos be amended to provide
that to be eligible to hold the office of
member of the City Council the person must
meet the following requirements: 1) the
eligibility provisions contained in the
Government Code of the State of California;
and 2) if the Council is divided into districts. be a resident and elector of the district for a period of at least thirty
30) days prior to the date nomination papers
are filed; and
Shall Section 602 of the Charter of the
City of Los Alamitos be amended to eliminate
the authority of the City Council to elect.
the Mayor by secret ballot; and
Shall Section 604 of the Charter of the
City of Los Alamitos be amended to eliminate
the authority of the City Council to elect ,
the Mayor Pro Tempore by sec~et ballot;
and
Shall Section 609 of the Charter of
City of Los Alamitos be repealed thereby
deleting the provision regulating City
Council stuay'~sessions; and .-,'
the
YES
j
Shall Section 701 of the Charter of the
City of Los Alamitos be amended to provide
the City Manager shall establish such residence as the Council may determine by ordinance or resolution?
NO
2-
Res. 954
SECTION B
SeebigH- 614r-- OROINANCEST- VIGbA* fGN~- PENAb~~ 7-- A vielaeieR- ef- aRy- ereiRaRee- ef- efte- Gicy- sRall- eeRStictlte- a miseemeaRer- aRe- ffiay- be-~ reseetltee- iR- cRe- Raffie- ef- cfte- Peeple ef- cfte- Seaee- ef- GaliferRia- er- may- be- rearessee- ey- eivil aeeieR7--~ fle- maxiffitlffi- fiRe- aRe- impriseRmeRt- er- ecfter- peRaley fer- efte- vielaeiea- ef- any- Giey- eraiRaaee- sftall- ee- cfte- same as- is- previaee- ia- eRe- laws- ef- cfie- Seaee- ef- 8aliferaia- fer eRe- vielaeieR- ef- aR- ereiRaRee- ef- a- geReral- law- eicy- as- eRe laws- ef- eRe- Seaee- Rew- previee- er- as- cRey- maY- Rereafcer- be ameReee~; and
Section 801. ADMINISTRATIVE DEPARTMENTS: lne City
Council may provide by ordinance not inconsistent with this Charter,., for the organization, conduct and operation of the several offices and departments of the City as established by this Charter, and for the creation of additional departments, divisions, offices and agencies and for their consolidation, alteration or abolition. Each new department created by the City Council shall be headed by aR effieer~ a, department head.
The Clty Council, by ordinance or resolution, may
assign additional functions- or duties to offices, departments or agencies not inconsistent with this Charter. Where the positions are not incompatible, the City Council may combine in one person the powers and duties of two. or more offices created or authorized by this Charter. The City Council shall provide for the number, titles, qualifications, powers. duties and compensation of all officers and employees; and Section 804. CITY ATTORNEY, POWERS AND DUTIES: To
become eligible for City Attorney, or Assistant City'
Attorney, the person appointed shall be an attorney at
law, duly licensed as such under the laws of the State of California and shall have engaged in the practice of local government law for at least three years prior to his
appointment. The City Attorney shall have power and be
required to perform the duties and responsibilities that the City Council may from time to time determine by ordinance or resolution; and
Section 1206. CONTRACTS ON PUBLIC WOK~ S: Every
project involving an expenditure of more than Five-~ Re1:iSaRa gellars-.($ 3, GgG~ gg} Ten Thous-and DolTar's ($ 10 , 000. 00) for the construction or improvement of public buildings works, streets, drains, sewers, utilities, parks or playgrounds shall be let by the City Council by contract to the lowest responsible bidder after notice by publication in the
official newspaper by one or more insertions . ,the first of which shall be at 1east ten ( 10) days before the time for opening bids. Projects for the construction, resurfacing, maintenance or repair of streets, drains or sewers are
excepted from the requirements of this paragraph, and the bidding requirements of the State of California, if such' work is performed by a City or County of Orang~ Department.
All bids must be accompanied by either a certified or
cashier' s check, or a bidder' s bond executed by a
corporate
surety authorized to engage in such business in California, made payable to the City. Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified, then in an amount less than ten percent of the aggregate amount of the bid. If the successful bidder 3- Res. 9
neglects or refuses to enter into the contract within ~ he time specifie~ in the notice inviting bids or in the specifications referred to therein, ' the amount of his bidder' s security shall be declared forfeited to the City and shall be collected and paid into its general fund and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund.
The C{ ty Council may reject any and all bids presented and may advertise at its discretion.
The City Council, after rejecting bids, or if no bids
are received, may declare and determine that in its opinion, based on estimates approved by the City Manager, the work in question may be purchased more economically on the open market, and after the adoption of a resolution to this
effect bya majority vote of the Council, the Council may proceed to have said work done in the manner stated, without further observance of the provisions of this Section. Such contracts likewise may be let without advertising for bids;:
if such work shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by resolution passed by an absolute majority of the ,Council and containing a
declaration of the facts constituting such urgency.
The ' foregoing proposal hereby submitted shall appear
upon the ballots for said Municipal Election in the
following form:
Shall Section 614 of the Charter of the
City of Los Alamitosbe repealed thereby
deleting the provision creating the . crime
of misdemeanor for violations of any City
ordinance; and
Shall Section 801 of the Charter of the
City of Los Alamitos be amended to provide that
each new department created by the City Council
be headed by a department head; and
Shall Section 804 of the Charter of the
City of Los Alamitos be amended to provide
that the City Attorney shall have engaged in
the practice of local government law for at
least three years as a further condition of
eligibility; and '
Shall Section 1206 of the Charter of the
City of Los Alamitos be amended to substitute
Ten Thousand Dollars ($ 10, 000) for Five
Thousand Dollars ($ 5, 000) as the maximum
allowable a.mount of a public project without
requiring public bid; and
Shall the Charter of the City of Los
Alamitos be amended to substitute both masculine and feminine gender references in each and every instance where the masculine gender is
used, and where the term HCouncilman" or tlCouncilmen" is used, the term " Councilmember" be substituted?
YES
NO
4- Res. 954
SECTION C
Section 502. VACANCIES: A- va~aRey- iR- tRe- Gity- Gel:iReil f~effi- wRateve~- eal:ise- a~ isiRg,- sRall- se~ filled- By- appeiRtffieRt:
BY- tRe - Gi tY- Gel:iReil- e f -a -Ejual ified- pe ~s eR- l:iRde~- tRe -laws ef- tRe- State- ef- Galife~ Ria- aRd- tRe- tReR- applieable- p~ evi8ieRs- ef- tRis- GRa~ te~~-- SBeR- appeiRtee- te- se~ ve- fe~- the emaiRde~- ef- tRe- l:iReRpi~ ed- te~m- aRd- l:iRtil- Ri8- 8l:ieeeSSe~ EiBalifies7 IR- tRe- eveRt- tRe- Gity- GeBReil- sRall- fail- te- fill-a vaeaRey- sy- appeiRtmeRt- withiR- 8iRty-{ 6gt- days- afte~- 8BeR , effiee- shall- Rave- BeeR- 8e- deela~ ed- vaeaRt,- it-8Rall- fe~tRwitR- eal:ise- aa- eleetieR- te- se- Rele- te- fill- sl:ieh- vaeaRey pB~ sl:iaRt- te- tRe- state- law- ef- the- State- ef- 8aliferfiia- afie tfle-~ eEil:ii~ emeRts- ef- tflis- GRa~ te~7
A vacancy in the City Council from whatever cause
arising shall be filled either by appointment of the City Councilor by election.
The Citl Council shall determine whether to fill a
vacanc b e ection or b a ointment; rovided, however,
i the Cit Council determines to ill a vacanc b a ointment but fails to do so within 0 days after the vacancy occurs, the Council shall forthwith cause an election to be held to' fill the vacancy.
A person elected to fill a
vacancy shall hold office
for the entire unexpired term of the former incumbent.
A person appointed to fill a
vacancy shall serve for
the entire unexpired term of the former incumbent unless there remain two years or more of said unexpired term on the date of appointment. In such case, the City Council shall decide by majority vote prio~ to such appointment whether the appointment shall be for the entire unexpired term or only until the next general municipal election.
If the seat is filled by appointment only until the next general munici al election, then at .said election the seat s all be filled by vote of t e people.
If at said next eneral munici al election there are
four or more Councilmanic seats to be illed, the three
ersonseach receivin the lar est number of votes shall
each. serve a term of four ears while the erson selected to fill,the remaining seat s shall serve for a term of two years.
If a member of the City Council absents himself from all regular meetings of the City Council for a period of sixty days consecutively from and after the last regular City Council meeting ,attended by such member, unless by permission of the City Council expressed in its official minutes or as provided in Sectiori 1404, or is convicted of a crime involving moral turpitude, or ceases to be a qualified
elector of his district, his office shall become vacant and shall be so declared by the City Council.
The foregoing proposal hereby submitted shall appear
upon the ballots forsaid. Municipal Election in the following form:
Shall Section 502 of the Charter of the
City of Los Alamitos be amended to add the
following provisions: 1) allow the City
Council, in case of vacancy on the Council, to
either appoint a
person to fill a
vacancy or
call an election, and to limit the term of a
person appointed by the Council to fill the
vacancy to serve only until the next General
Municipal Election at which time the seat would
be filled by the voters; and 2) if, as a result
of such appointment( s), there are four or more
seats to be filled at the next election, have
the three persons receiving the largest number
of votes serve four ( 4)- year terms, and the
other( s) serve a two ( 2)- year term?
I
i
t
j
I
YES
NO
L
5-
Res/ 954
I
III. That the polls for said election shall be open at seven o' clock a. m. of the day of said election and shall remain open continuously from said time until eight o' clock p. m. of the same day when said polls shall be closed, , e~ c~ pt as provided in Section 14301 of the Elections Code of the State of California.
VI. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passaE and adoption thereof in the records of the proceedings of the City Council of said City, inthe minutes of the meeting at which the same is passed and adopted.
VII. That this Resolution shall take effect immediately.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Los Alamitos at a
regular adjourned meeting thereof held on August ' 21,
1980.
Jf . f - .
f/-J, ~
MaYDr Pro Tempore
0 / ~
to.,~~
of the C~ of Los ~ lam:
ATTEST:
iJ j ") -~.
t~ LCA./ Lj VLj/~ I/\-,'
t <.",,.'
Deputy City Clerk of the City of Los Alamitos
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAl'HTOS)
I, BETH WIN' E, Deputy City Clerk of the City of Los Alamitos do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Los Alamitos at a Regular Adjourned Meeting held on the 21st day of August, 1980, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Sylvia, Bernal, Bunner, Lander
None
ZOIDmick
7/0 U~ /r
Deputy City Clerk.
6- Res. 954
RESOLUTION NO. 362
RESOLUTION OF THE CITY OF LOS ALAMITOS,
CALIFOlli~ IA PROVIDING FOR AND GIVING
NOTICE OF A SPECIAL MUNICIPAL ELECTION TO
BE HELD ON NOVE~ illER 5, 1968, FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED
VOTERS OF SAID CITY ID~ N~ NDMENT TO THE
CHARTER RELATING TO THE ADMINISTRATIVE
ORGANIZATION OF THE CITY M~D THE DELEGATION OF POWERS TO THE VARIOUS OFFICERS OF THE CITY, ro~D CONSOLIDATING SAID
ELECTION WI''H THE STATEWIDE GENERAL
ELECTION TO BE HELD ON SAID DATE
WHEREAS, the City Council of the City of Los
Alamitos, California, has reviewed the city charter, and has determined that certain sections thereof should be
amended to provide for more efficient administration of the city government, and
WrlEREAS, the amendment of the City Charter does
require a special municipal election and the consent of the voters of the City,
NOW, THEREFORE, the City Council of the City of
Los Alamitos, California, DOES HEREBY RESOLVE, DECLARE, DETEID1INE AND ORDER as follows:
Section 1. That a special election be held
and the same is hereby called to be held in said city on November 5, 1968, for the purpose of submitting to the
qualified voters of said city an amendment to the Charter hereinafter set forth relating to the powers and duties of the City Manager, the powers and duties of the City Clerk, the powers and duties of the City Attorney, the powers and duties of the City Manager with respect to fiscal administration, and those other changes hereinafter set forth.
Section 2. That the amendments to the Charter
submitted to the voters shall be as follows:
a) Section 704 of the City Charter shall
be amended as follows:
Res 362
Section 704 as it presently exists, shall be
deleted in its entirety, and the following
language shall be inserted in lieu thereof:
Section 704. POWERS AND DUTIES: The City
Manager shall be the administrative head of the
city government, and he shall be responsible to
the City Council for the proper administration of
all affairs of the City, and shall be given such
powers and duties as the Council may from time to
time provide by ordinance. II
b) That Section 706 of the City Charter shall
be amended by deleting therefrom at the end of the
second sentence the words Iisaid approval to be given
at its next meeting." In addition, the semicolon
preceding said words shall be changed to a period.
c) Section 801 of the City Charter shall be
amended by placing a period after the words lias
department headll in the second sentence of the first
paragraph, and by deleting the balance of that sentence from Section 801. The second paragraph of Section 801
shall remain unmodified in the Charter.
d) Section 802 of the City Charter shall
be amended by deleting therefrom Section 802 in its
entirety, and inserting in lieu thereof the following
paragraph:
liThe City Clerk shall have the power, and
be required to perform the functions and
responsibilities that the City Council may from
time to time determine by ordinance or
resolution. Ii
e) Section 803 of the City Charter shall
be amended by deleting therefrom Section 803 in its
entirety, and inserting in lieu thereof the following
paragraph:
Res 362
The City Treasurer shall have the power, and
be required to perform the functions and
responsibilities that the City Council may from
time to time determine by ordinance or resolution."
f) Section 804 of the City Charter shall be
amended as follows: paragraphs ( a) through ( f) shall
be deleted from the City Charter in their entirety,
and the colon at the end of the sentence immediately
preceding paragraph ( a) shall be deleted, and the
following words shall be added to said sentence:
uperform the duties and responsibilities
that the City Council may from time to time
determine by ordinance or resolu.tion. II
g) Article XII FISCAL ADMINISTRATION of
the City Charter shall be amended by adding thereto
a new section designated Section 1211. Said section
shall provide as follows:
II Section 1211. REQUIREf-1ENT OF COUNCIL
APPROVAL: Notwi,thstanding anything contained in
this Charter to the contrary, the City lYlanager
shall not approve any clainl nor pay any demand
without the prior approval of the majority of
the City Council voting by roll call vote at a
regular meeting of the City Council.
h) Section 1404 of the City Charter shall
be amended by adding thereto at the end of said
section after the words " City Council upon filing" the following language:
liwith the City Clerk notice of his designation
and length of absence."
Section 3. That the polls for said election shall
be opened at seven o' clock a. m. of the day of said election and shall remain open continuously from said time until eight o' clock p. m. of the same day, when said polls shall
Res 362
be closed, except as provided in Section 14436 of the
Elections Code of the State of California.
Section 4. That on the ballots to be used at said
special election, in addition to any other matters required by law, there shall be printed substantially the following:
a) Section 704 of the City Charter'
shall be amended as follows:
Section 704 as it presently ' YES'
exists, shall be deleted in its ,
entirety, and the following language
shall be inserted in lieu thereof:
Section 704. POWERS AND DUTIES:'
The City Manager shall be the administrative head of the city government, and he shall be responsible to the
City Council for the proper administration of all affairs of the City, ' NO' and shall be given such powers and
duties as the Council may from time
to time provide by ordinance."
YES i
b) That Section 706 of the
City Charter shall be amended by deleting'
therefrom at the end of the second
sentence the words II said approval to
be given at its next meeting. II In
addition, the semicolon preceding said
words shall be changed to a period.
NO '
Res 362
mr""'~,' l' k"',.,....,,,,,.,,,......,.~ pr=..-o;,= 7""'~""""' k'::;'~:""'^"'''',.,'0..,,,,~,.;:t~~~~~,~,,,,,,,",,,,,,,,,,, O;;;;;'~""",,..~,,",;.;:;~~==, m"~~,,,,",;~~,~,,,,-===,,"===,,,..~=,=.,:"",;- c"_"="'==,="''"-=.='='''"'.,,, 0'''==----= T'''"'~__ Page 190 of 209 c) Section 801 of the City
Charter shall be amended by placing a
period after the words ; las department
head" in the second sentence of the
first paragraph, and by deleting the
balance of that sentence from
Section 801. The second paragraph of
Section 801 shall remain unmodified
in the Charter.
YES '
NO '
d) Section 802 of the City
Charter shall be amended by deleting
therefrom Section 802 in its entirety,
and inserting in lieu thereof the
I
following paragraph:
Ii'rhe City Clerk shall have the
power, and be required to perform
the functions and responsibilities
that the City Council may from time
to time determine by ordinance or
resolution."
YES '
NO I
c"'" e) Section 803 of the City
Charter shall be amended by deleting
therefrom Section 803 in its entirety,
and inserting in lieu thereof the
following paragraph:
The City Treasurer shall have
the power, and be required to perform
the functions and responsibilities
that the City Council may from time
to time determine by ordinance or
resolution."
YES I
NO i
Res 362
i
f) Section 804 of the City
Charter shall be amended as follows:
I
paragraphs ( a) through ( f) shall be
i
deleted from the City Charter in their
i
entirety, and the colon at the end of
the sentence immediately preceding
paragraph ( a) shall be deleted, and the
following words shall be added to said
sentence:
perform the duties and
responsibilities that the City
Council may from time to time
determine by ordinance or
resol ution. : 1
YES I
NO '
g) Article XII FISCAL
ADMINISTRATION of the City Charter shall
be amended by adding thereto a new
section designated Section 1211. Said
section shall provide as follows:
II Section 1211. REQUIREI" 1ENT
OF COUNCIL APPROVAL: Notwithstanding
anything contained in this Charter
to the contrary, the City Manager
shall not approve any claim nor pay
any demand without the prior approval
of the majority of the City Council
voting by roll call vote at a
regular meeting of the City
Council."
YES '
NO '
h) Section 1404 of the City
Charter shall be amended by adding
thereto at the end of said section
after the words " City Council upon
filingll the following language:
with the City Clerk notice
of his designation and length of
absence. II
YES ·
NO i
7~: r"";::;"....,.,,,,.,~,,,_,,..') r? i''' 7' C:>::FO:''~~';~""'"'=""''"''''''''~''''''''''''"''''''~~~'''==='='=~''''''''''''''='=' I''',rr.==:.="""=,,,"=<""""'~"'_"="'-~_^="""'='='_''''=_''^''"""='''''' m.',,,.,,~=',,.,'"'~.~~ Res 362
Section 5. That a cross (+) placed in the voting
square after the word IlYESIi in the manner hereinbefore provided shall be counted in favor of the adoption of the proposition. A cross (+) placed in the voting square after the word ' INO" in the manner hereinbefore provided shall be counted against the adoption of the proposition.
Section 6. That tile special election hereby
called for the date hereinbefore specified shall be and is hereby ordered consolidated with the statewide general
election to be held on said date, and within said city the precincts, polling places and officers of election for the special municipal election hereby called shall be in the same as those provided for said statewide general election.
The Board of Supervisors of Orange County is hereby
requested to order the consolidation of the special
municipal election hereby called with said statewide general election, and said Board of Supervisors is hereby authorized to canvass the returns of said special municipal election, and said elections shall be held in all respects as if
there were only one election, and only one form of ballot, namely, the ballots used at said general election, shall be used. Said Board of Supervisors shall certify the results of the canvass of the returns of said special municipal election to the City Council of said city which shall thereafter declare to the City Council of said city which shall thereafter declare the results thereof. A
proposition submitted by this resolution shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in Section 10231 of the Elections Code.
Section 7. That notice of tl~e time and place of
holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time,
form and manner as required by law.
Res 362
Section 8. That the City Clerk shall certify to
the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted.
Section 9. That this Resolution shall take effect
inunediately.
PASSED, APPROVED N~D ADOPTED this 13th day of
August, 1968.
i~~ !~~
Mayor of the City of Los Alamitos
ATTEST:
r~ 1:< / AA"-"'" '. c~ j;fit,'":~ ' .;,'.:-:;)~: t;~i!}:/ C~ ty Clerk' of the City of
Los Alamitos
SEAL)
STATE OF CALIFORNIA
coornY OF OPANGE
CI'IY OF LOS AIAl'ITTOS
58 I, ~TAMES 1'1. 8r-1IT" rl, City Clerk of the City of Los Alami tos , California, do hereby certify that the foregoing Resolution was duly adopted at a Regular I1eeting of the City Council of the City of Los Al~~ tos held on the 13th day of August, 1968, by the following vote, to wit:
AYES: COUNCII11EN : Y~ esen, P:ro'itm, Hyde, Otte
NOES: COlJNCIIJv1EN: None
ABSENT: C01JNCIU"lEN: Long
0;/; 5/ .;;;>.
J:.l~/'-
CltY'cr~:tK-ofthe--Clty 'of-f~ AIarnitos'-'--'
Res
362
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: April 15, 2024 ITEM NUMBER: 12A
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Michael Daudt, City Attorney
Subject: Council Member Requested Agenda Item: Council Member Compensation and Reimbursement
SUMMARY
During the January 16, 2024, regular meeting, Council Member Murphy raised concerns regarding City Council salary/compensation and reimbursement for Council Member expenses. This informational staff report has been prepared in response to Council Member Murphy’s request and is the first step in the two-step process for placing items on the Agenda for consideration by the Council.
RECOMMENDATION
In accordance with the City Council’s adopted Agenda Policy, this informational staff report does not request action, but seeks Council’s direction. Council may receive the report without further action. If further discussion and action is desired, by a majority vote of the City Council Members present, staff may be directed to place this item on a future Agenda for consideration.
BACKGROUND
At its January 16, 2024 Regular Meeting, the City Council approved Consent Calendar item 10(B) concerning updates to the City Council Travel and Reimbursement Policy. Prior to the vote on this item, Council Member Murphy raised questions concerning, in her words, a potential violation of Section 503 of the City of Los Alamitos Charter and Section 36516 of the California Government Code as referenced by Ordinance No. 09-01 of the City Council of the City of Los Alamitos, California. The City Attorney opined that the policy could be approved and did not violate any applicable state or local laws because there is a distinction between Council Member salary/compensation on one hand, and reimbursement for Council Member expenses on the other.
By email dated January 26, 2024, the City Attorney provided the City Council with a supplemental assessment of the concerns raised by Council Member Murphy and an overview of the relevant law.
On March 22, 2024, Council Member Murphy requested that the supplemental response to her inquiry be made publicly available.
DISCUSSION
Section 503 of the Los Alamitos City Charter reads:
“As compensation for their services, the Councilmembers shall each receive compensation at the respective rates in effect at the time this Charter becomes effective; provided that these rates of compensation may be changed by the majority vote of the electors of the City voting for such change in accordance with the State law of the State of California. Provided further, that the respective rates may also be changed according to any other applicable provision of the State law of the State of California.” (Emphasis added).
The applicable provision of State law pertaining to Council Member compensation is Government Code Section 36516. This section authorizes the City Council to enact an ordinance establishing the monthly salary for Council Members and sets a cap on the salary amount based on the population of the City. Beginning in 1965 with Ordinance No. 134, and most recently in 2009 with Ordinance No. 09-01, the City Council has established a monthly salary for Council Members in accordance with Government Code Section 36516, and as authorized by Section 503 of the City Charter. These ordinances, however, have no bearing on reimbursement for Council Member expenses.
Section 2 of Ordinance No. 09-01 reads:
“The salaries established pursuant to Section 1 of this Ordinance are and shall be exclusive of any amounts payable to each member of the City Council as reimbursement for actual and necessary expenses incurred by such Council Member in the performance of official duties for the City of Los Alamitos, pursuant to the travel and reimbursement policy adopted by the City Council in compliance with state law.” (Emphasis added).
The applicable provisions of State law pertaining to reimbursement for Council Member expenses are Government Code Sections 36514.5 and 53232.2. Section 36514.5 provides Council Members may be reimbursed for actual and necessary expenses incurred in the performance of official duties. Section 53232.2(a) states if a local agency provides any such reimbursement, then the governing body “shall adopt a written policy, in a public meeting, specifying the types of occurrences that qualify a member of the legislative body to receive reimbursement of expenses relating to travel, meals, lodging, and other actual and necessary expenses.” The City Council Travel and Reimbursement Policy, approved by the City Council on January 16, 2024, comports with these provisions, and was approved in compliance with State law.
FISCAL IMPACT
None.
Attachment: None
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: April 15, 2024 ITEM NUMBER: 13A
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Ordinance 2024-01 - Noise Standard Exemptions Associated with Construction and Property Maintenance Activities
SUMMARY
Consideration of a draft Ordinance concerning noise standard exemptions associated with construction and property maintenance activities.
RECOMMENDATION
1. Open the Public Hearing; and,
2. Introduce for first reading, read by title only, waive further reading of Ordinance No. 2024- 01, and set for adoption; and,
2. City Attorney Daudt read the title of Ordinance No. 2024-01 entitled “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING AND RESTATING SECTION 17.20.020 OF THE LOS ALAMITOS MUNICIPAL CODE
CONCERNING NOISE STANDARD EXEMPTIONS ASSOCIATED WITH CONSTRUCTION AND PROPERTY MAINTENANCE ACTIVITIES (ZOA 23-05) (CITY INITIATED)."
BACKGROUND
The proposed Ordinance ensures internal consistency within the Zoning Code by resolving ambiguity regarding exemptions from noise standards and will better define the noise standard exemptions and assist the City's Code Enforcement Division. The purpose for this amendment was made at the request of the Planning Commission, who felt that the noise ordinance was not clear and difficult to interpret concerning hours of construction and maintenance.
On October 25, 2023, the Planning Commission adopted a resolution that would recommend that City Council amend the City's Zoning Code regarding noise standards and exemptions associated with construction and property maintenance activities. The purpose of the Planning Commission's recommendation is to preserve the quality of life for residents but also allow those who work the ability to do construction activities on the weekend.
DISCUSSION
During the Planning Commission Meeting on October 25, 2023, the Planning Commission identified the following areas as improvements to the existing Zoning Ordinance concerning noise standard exemptions and definitions for construction and maintenance activities. The
following amendments clarify and make the definitions more consistent with the interpretation and enforcement standards. These can also be found in the second attachment titled "Ordinance Noise Standard Exemption Construction and Maintenance." LAMC 17.20.020 Exemptions
A. The following activities shall be exempt from the provisions of this chapter.
4. Noise sources associated with construction activities provided the activities take place between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and Saturdays and do not take place at any time on Sundays or Federal holidays;
5. Noise sources associated with the maintenance of real property, provided the activities take place between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and on Saturdays or between the hours of 9:00 a.m. and 6:00 p.m. on Sundays or Federal holidays; B. For the purposes of this section, the following definitions shall apply:
1. The term "construction activities" means the building or enlargement of any structure, demolition, excavation, modification, alteration, substantial repair, remodeling, or grading of any real property.
2. The term "maintenance of real property" means the routine, recurring, and usual work for the preservation or protection of real property and improvements, including lawn mowing, tree trimming, pruning, painting, power washing, gutter cleaning, or similar undertakings that do not constitute construction activities.
FISCAL IMPACT
None.
Attachment: 1. Ordinance No. 2024-01 - Noise Associated with Construction and Property Maintenance Activities
2. Planning Commission Resolution No. 2023-05 (10/25/23)
1794735.1
ORDINANCE NO. 2024-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LOS ALAMITOS, CALIFORNIA, AMENDING AND
RESTATING SECTION 17.20.020 OF THE LOS
ALAMITOS MUNICIPAL CODE CONCERNING NOISE
ASSOCIATED WITH CONSTRUCTION AND PROPERTY
MAINTENANCE ACTIVITIES (ZOA 23-05) (CITY
INITIATED)
WHEREAS, Chapter 17.20 of the Los Alamitos Municipal Code (“LAMC”) includes noise standards intended to prohibit the generation of excessive noise. Paragraphs (D) and (E) of LAMC section 17.20.020 includes noise standard exemptions for noise sources associated with certain construction and maintenance activities on real property, subject to specified limitations;
WHEREAS, the text of existing LAMC section 17.20.020 is included as Attachment 1 to this Ordinance; and
WHEREAS, on July 26, 2023, the Planning Commission reviewed and discussed the LAMC section 17.20.020 noise standard exemptions and determined that the distinction between “construction” in Paragraph (D) and “maintenance” in paragraph (E) of LAMC section 17.20.020 is unclear; and
WHEREAS, on September 27, 2023, following further discussion and deliberation, the Planning Commission directed Staff to draft a resolution recommending to City Council adoption of an ordinance amending the LAMC section 17.20.020 to clarify the language and resolve the ambiguity between the noise standard exemptions for construction and maintenance activities (the “Amendment”); and WHEREAS, on October 25, 2023, the Planning Commission held a duly noticed Public Hearing concerning the proposed Amendment, and recommended City Council approval of this Ordinance; and,
WHEREAS, the City Council opened a duly noticed Public Hearing concerning the proposed Amendment on April 15 2024; and,
WHEREAS, the City Council considered all applicable Staff reports and all public testimony and evidence presented at the Public Hearing.
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct, and are incorporated herein by reference.
CC ORD 2024-01
1794735.1
SECTION 2. Pursuant to Section 17.58.060 of the Los Alamitos Municipal Code, the following findings are made in support of this code amendment:
1. This Ordinance ensures and maintains internal consistency with the actions, goals, objectives, and policies of the General Plan, and would not create any inconsistencies with the Zoning Code.
The proposed Amendment does not conflict with any of the actions, goals, objectives, or policies of the General Plan and will not create any inconsistencies with the Zoning Code.
2. This Ordinance will not be detrimental to the public convenience, health, interest, safety, or welfare of the City.
The proposed Amendment will enhance the public convenience, health, interest, safety, and welfare of the City by resolving an ambiguity in the existing Zoning Code regarding exemptions from noise standards. This clarification will help residents understand the noise standard exemptions and assist City Code Enforcement.
3. This Ordinance has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s environmental review procedures.
The proposed Amendment will not result in any physical change to the environment and is therefore exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b) (3) – the project is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
4. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.
The proposed Amendment ensures internal consistency within the Zoning Code by resolving an ambiguity regarding exemptions from noise standards. This clarification will help residents understand the noise standard exemptions and assist City Code Enforcement.
SECTION 3. Section 17.20.020 (Exemptions) of Chapter 17.20 (Noise) of Title 17 (Zoning) of the Los Alamitos Municipal Code is hereby amended to and restated in its
CC ORD 2024-01
1794735.1
entirety to read as follows:
“17.20.020 Exemptions
A. The following activities shall be exempt from the provisions of this chapter.
1. School bands, school athletic events, and school entertainment events, provided these events are conducted on school property or authorized by special permit from the City;
2. Activities lawfully conducted in public parks, public playgrounds, and public or private school grounds;
3. A mechanical device, apparatus, or equipment used, related to, or connected with emergency machinery, vehicle, or work;
4. Noise sources associated with construction activities, provided the activities take place between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and on Saturdays, and do not take place at any time on Sundays or Federal holidays;
5. Noise sources associated with the maintenance of real property, provided the activities take place between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and on Saturdays, or between the hours of 9:00 a.m. and 6:00 p.m. on Sundays or Federal holidays;
6. An activity or equipment to the extent that design regulation of it has been preempted by State or Federal laws.
B. For the purposes of this section, the following definitions shall apply:
1. the term “construction activities” means the building or enlargement of any structure, demolition, excavation, modification, alteration, substantial repair, remodeling, or grading of any real property.
2. the term “maintenance of real property” means the routine, recurring, and usual work for the preservation or protection of real property and improvements, including lawn mowing, tree trimming, pruning, painting, power washing, gutter cleaning, or similar undertakings that do not constitute construction activities.”
A track changes version of this language is included as Attachment 2 to this Ordinance (deleted text in strikethrough; new text in underline).
CC ORD 2024-01
1794735.1
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this 15th day of April, 2024.
Jordan B. Nefulda, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
___________________________________
Michael S. Daudt, City Attorney
CC ORD 2024-01
1794735.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Ordinance No. __________was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 15th day of April 2024 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 15th day of April, 2024, by the following roll-call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_______________________________
Windmera Quintanar, MMC, City Clerk
CC ORD 2024-01
1794735.1
Attachment 1
Existing LAMC §17.20.020
17.20.020 Exemptions
The following activities shall be exempt from the provisions of this chapter.
A. School bands, school athletic events, and school entertainment events, provided these events are conducted on school property or authorized by special permit from the City;
B. Activities lawfully conducted in public parks, public playgrounds, and public or private school grounds;
C. A mechanical device, apparatus, or equipment used, related to, or connected with emergency machinery, vehicle, or work;
D. Noise sources associated with construction, repair, remodeling, or grading of any real property, provided a permit has been obtained from the City, and further provided the activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays and on Saturdays, or at any time on Sundays or Federal holidays; E. Noise sources associated with the maintenance of real property, provided the activities take place between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and on Saturdays, or between the hours of 9:00 a.m. and 6:00 p.m. on Sunday or a Federal holiday;
F. An activity or equipment to the extent that design regulation of it has been preempted by State or Federal laws.
CC ORD 2024-01
1794735.1
Attachment 2
Track Changes Revisions to LAMC §17.20.020
17.20.020 Exemptions
A. The following activities shall be exempt from the provisions of this chapter.
1. A. School bands, school athletic events, and school entertainment events, provided these events are conducted on school property or authorized by special permit from the City;
2. B. Activities lawfully conducted in public parks, public playgrounds, and public or private school grounds;
3. C. A mechanical device, apparatus, or equipment used, related to, or connected with emergency machinery, vehicle, or work;
4. D. Noise sources associated with construction activities, repair, remodeling, or grading of any real property, provided a permit has been obtained from the City, and further provided the activities do not take place between the hours of 7:00 a.m. 8:00 p.m. and 8:00 p.m. 7:00 a.m. on weekdays and on Saturdays, or and do not take place at any time on Sundays or Federal holidays;
5. E. Noise sources associated with the maintenance of real property, provided the activities take place between the hours of 7:00 a.m. 8:00 a.m. and 8:00 p.m. on weekdays and on Saturdays, or between the hours of 9:00 a.m. and 6:00 p.m. on Sundays or a Federal holidays;
6. F. An activity or equipment to the extent that design regulation of it has been preempted by State or Federal laws. (Ord. 19-03 § 3, 2019; Ord. 688 § 1, 2006) B. For the purposes of this section, the following definitions shall apply:
1. The term “construction activities” means the building or enlargement of any structure, demolition, excavation, modification, alteration, substantial repair, remodeling, or grading of any real property.
2. The term “maintenance of real property” means the routine, recurring, and usual work for the preservation or protection of real property and improvements including lawn mowing, tree trimming, pruning, painting, power washing, gutter cleaning, or similar undertakings that do not constitute construction activities.
PC RESOLUTION NO. 2023- 05
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LOS ALAMITOS, CALIFORNIA,
RECOMMENDING THE CITY COUNCIL ADOPT
ORDINANCE NO. 2023- 05 AMENDING AND
RESTATING SECTION 17. 20. 020 OF THE LOS
ALAMITOS MUNICIPAL CODE CONCERNING NOISE
STANDARD EXEMPTIONS ASSOCIATED WITH
CONSTRUCTION AND PROPERTY MAINTENANCE
ACTIVITIES ( ZOA 23- 05) (CITY INITIATED)
WHEREAS, Chapter 17. 20 of the Los Alamitos Municipal Code (" LAMC") includes noise standards intended to prohibit the generation of excessive noise.
Paragraphs ( D) and ( E) of LAMC section 17. 20. 020 includes noise standard exemptions for noise sources associated with certain construction and maintenance activities on real property, subject to specified limitations; and, WHEREAS, on July 26, 2023, the Planning Commission reviewed and discussed the LAMC section 17. 20. 020 noise standard exemptions and determined that the distinction between " construction" in Paragraph ( D) and maintenance" in paragraph (E) of LAMC section 17. 20. 020 is unclear; and, WHEREAS, on September 27, 2023, following further discussion and deliberation, the Planning Commission directed Staff to draft a resolution recommending to City Council adoption of an ordinance amending the LAMC section 17. 20. 020 to clarify the language and resolve the ambiguity between the noise standard exemptions for construction and property maintenance activities the " Amendment"); and,
WHEREAS, on October 25, 2023, the Planning Commission held a duly noticed Public Hearing concerning the proposed Amendment; and, WHEREAS, the Planning Commission considered all applicable Staff reports and all public testimony and evidence presented at the Public Hearing.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
LOS ALAMITOS DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission finds that the above recitals are true and correct.
SECTION 2. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 2023- 05 amending and restating Section 17. 20. 020 of the Los Alamitos Municipal Code concerning noise associated with construction and property maintenance activities, attached hereto as Exhibit " A", based on the following findings, as specified in Section 17. 58. 060 of the Los Alamitos Municipal Code:
t 7') 4723. I
a) This Ordinance ensures and maintains internal consistency with the actions, goals, objectives, and policies of the General Plan, and would not create any inconsistencies with the Zoning Code.
The proposed Amendment does not conflict with any of the actions, goals, objectives, or policies of the General Plan and will not create any inconsistencies with the Zoning Code.
b) This Ordinance will not be detrimental to the public convenience, health, interest, safety, or welfare of the City.
The proposed Amendment will enhance the public convenience, health, interest, safety, and welfare of the City by resolving an ambiguity in the existing Zoning Code regarding exemptions from noise standards. This clarification will help residents understand the noise standard exemptions and assist City Code Enforcement. c) This Ordinance has been reviewed in compliance with the provisions of the California Environmental Quality Act ( CEQA) and the City' s environmental review procedures.
Public Resources Code § 21065 defines " project" as " an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." The proposed Resolution does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, as the resolution does not call for any change in the existing environmental conditions within the City. Instead, the proposed Resolution merely recommends that the City Council adopt the proposed Ordinance. Accordingly, the proposed Resolution is not a project" subject to the California Environmental Quality Act (CEQA).
Public Resources Code § 21065; CEQA Guidelines § 15378( a).) Even if this action could be construed to be a project subject to CEQA, the proposed Resolution is exempt pursuant to CEQA Guidelines Section 15061( b)( 3) since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The Planning Commission, as a recommending body, does not commit the City to any specific course of action, and the proposed Resolution does not constitute approval" of any identifiable projects.
d) The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.
PC RESO 23- 05
17`4723. 1
The proposed Amendment ensures internal consistency within the Zoning Code by resolving an ambiguity regarding exemptions from noise standards. This clarification will help residents understand the noise standard exemptions and assist City Code Enforcement.
SECTION 3. The Secretary of the Planning Commission shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 25th day of October 2023.
Gary Loe, Chair
ATTEST:
Irving Montenegro Jr., D lop en ervice Manager
APPROVED AS TO FORM:
Michael S. Daudta fy Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS )
I, Irving Montenegro Jr., Development Services Manager of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular
PC RESO 23- 05
17x) 4723. 1
meeting of the Planning Commission held on the 25th day of October 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Irvin• Mont: ne•, Jr,, Devel. pment Services Manager
PC RESO 23- 05
794723. 1